{
ANNUAL REPORT OF THE
MARINE MAMMAL COMMISSION, CALENDAR YEAR 1982
A REPORT TO CONGRESS
. Lanele ceanographic Institui
3 IWeeess Hole Océ anograr “tion
* '-
Marine Mammal Commission
1625 I Street, N.W.
Washington, D.C. 20006
Woods H
re)
e Oceanographic Institution
CONTENTS
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Survey of Federally-Funded Marine Mammal
RES RISC eer edete co cletenc Sie clara alle loleneteleve aps, eyo iene eleva e.ee susie 3
Research Program Reviews, Workshops, and
PitannangeMeetingSisers + = 6 ielerele cr alelal o aiters, ole ose em Se ~
Commission-Sponsored Research and Study
PROSE 5c co OCULAR clo Bore Bic cos ISI Bin 5
Special Research Concerns for Fiscal Year 1983..14
== III. International Aspects of Marine Mammal Protection
=O ANA ECON Se yale T Ori seeteyc. cere otieie mo peke) alevare] «sc¥al asakelatele 2ic,.0)8 5) a8 15
=r Conservation and Protection of Marine Mammals
==", im hhe SOuUtLbern OGGGN 2 oie oe ane ac mich ope «) 5 mys «Shee 5
= © Tnternational Whaling Commission........s.essssac 22
2" Interim Convention on Conservation of
=== - NOMEN ba Glee OOPU (SCALS crs. s.cse\ersiecs « oa sce erneiene 28
—ia Convention on International Trade in Endangered
=o Species of Wild Fauna and Floras.:...s:..0se06 31
———
J Vic Marine Mammal-Fisheries Interactions................. 33
= Eblumbi al Baver PrOojecEsam. cone haowewsors SEG Cee 33
Callatornita (Coastal (Projets « vic ss.ccn epee os cect 36
Bering SeamNOrkesnO prim & alesse iets sia as) o)eistela see 6 susiens 37
Wee Incidental Take of Marine Mammals in the Course of
Conmercialwbaching OPERA tLOMS icc. sce. = ole es ores) enarene 38
ThesTuna=POLEPOPSES. LSSUC svieiew a ials « 5 ele olelee bias = ieee 38
The: DalivsmePorpowse DSSUCKs a ie-<hislelevele = ole os mieies © 43
WAG Species Of ‘Special sConcern.. tba Miew. bi Sit. amie. Wie w tle) sce cus 47
West Indian Manatee (Trichechus manatus)........ 47
Hawaiian Monk Seal (Monachus schauinslandi)..... 54
Southern Sea Otter (Enhydra lutris).........ee0- a7
Bowhead Whale (Balaena mysticetus)........... 00
Humpback Whale (Megaptera novaeangliae)......... 64
Right Whale (Eubalaena glacialis)....... Sieh als uaa 66
Bottlenose Dolphin (Tursiops truncatus)......... 66
VIII.
Ix.
Outer Continental Shelf Oil and Gas Development..... 68
Proposed OCS Lease SaleB..ccccvececcscasacvice -68
The Minerals Management Service's Regional
SCuGtGs -PLOGLAN. « caieale a.statclalels.« 1c ciakereieirce aie stele ie
Implementation of 1981 Amendments to the
Marine Mammal Protection ACt..acsasececauwvan 1
Seasonal Drilling Restrictions in the
Beaufort Sead@..«ccccccescs acalal so. ey0 stapatea ie: eieteletenery 76
Marine Mammal Management in Alaska........ceeeeeseee 78
Pernt PrOCESS os dave cintate ei nieieinsecal wtecaker s euuiabeled atalaie eis. stteh tte 80
AO ELE ACO, (REV ECWie eo) nictal sicieie is eielesieis) oj aaa) sire ayer alatanate 80
Appendix A: Commission Recommendations:
Galendar Year G82... «ca aceace PKC ACNE OT 82
Appendix B: Reports on Commission-Sponsored Research
Activities Available from the National
Technical Information Service (NTIS).........89
Appendix C: Literature Resulting from Commission-Sponsored
Research Activities Published Elsewhere.....101
CHAPTER I
INTRODUCTION
Background
This is the tenth Annual Report of the Marine Mammal
Commission, covering the period from 1 January through 31
December 1982. It is being submitted to Congress pursuant
to Section 204 of the Marine Mammal Protection Act of 1972.
Established under Title II of the Act, the Marine
Mammal Commission is an independent agency of the Executive
Branch. It is charged with the responsibility for developing,
reviewing, and making recommendations on actions and policies
of all Federal agencies with respect to marine mammal
protection and conservation.
Personnel
Three Commissioners, appointed by the President in
1981, continued to serve throughout 1982. They are: Dr.
James C. Nofziger (Chairman), Canoga Park, California; Dr.
Donald K. MacCallum, Ann Arbor, Michigan; and Dr. Robert B.
Weeden, Fairbanks, Alaska. The Commission's senior staff
members are: John R. Twiss, Jr., Executive Director;
Robert J. Hofman, Scientific Program Director; Robert
Eisenbud, General Counsel; and JoAnn Lashley, Administrative
Officer.
On 10 December 1982, Congress amended the Marine Mammal
Protection Act to require that all future members of the
Commission be appointed "by and with the advice and consent
of the Senate." This provision, signed into law by the
President on 29 December 1982, does not affect the status of
the current Commissioners.
The Commission Chairman, with the concurrence of the
other Commissioners, appoints the nine members of the
Committee of Scientific Advisors on Marine Mammals, a
committee of scientists knowledgeable in marine ecology and
marine mammal affairs, At the end of 1982, its members
were: Dr. David G. Ainley, Point Reyes Bird Observatory;
Dr. Douglas G. Chapman (Chairman), University of Washington;
Dr. Douglas P. DeMaster, National Marine Fisheries Service,
Southwest Fisheries Center; Dr. Daryl P. Domning, Howard
University; Dr. L. Lee Eberhardt, Pacific Northwest Laboratory,
Battelle Memorial Institute; Dr. Bruce R. Mate, Oregon State
University; Dr. James G. Mead, National Museum of Natural
History, Smithsonian Institution; Dr. William Medway, University
of Pennsylvania; and Dr. William F. Perrin, National Marine
Fisheries Service, Southwest Fisheries Center. During 1982,
five other scientists completed their terms of service on
the Committee. They are: Dr. Daniel B. Botkin, University
of California at Santa Barbara; Dr. Paul K. Dayton, Scripps
Institution of Oceanography; Dr. Joseph R. Geraci, University
of Guelph; Dr. Daniel K. Odell, University of Miami; and Dr.
Katherine Ralls, Smithsonian Institution.
Funding
The Marine Mammal Commission came into existence during
the second half of Fiscal Year (FY) 1974 and was appropriated
$412,000 for that period. Subsequent appropriations were:
$750,000 for FY 75; $900,000 for FY 76; $1,000,000 for FY
77; $900,000 for FY 78; $702,000 for FY 79; $940,000 for FY
80; $734,000 for FY 81; and $672,000 for FY 82. In FY 83,
the Commission was appropriated $822,000 by the Senate and
House Appropriations Committees, which directed that a major
portion of the program funds be used to support critically
important work on the Hawaiian monk seal and southern sea
otter. Further discussion of these species is included in
Chapter II, Research and Studies Program, and Chapter VI,
Species of Special Concern.
SO son
CHAPTER II
RESEARCH AND STUDIES PROGRAM
The Marine Mammal Protection Act requires that the
Commission maintain a continuing review of research programs
conducted or proposed to be conducted under the authority of
the Act, undertake or cause to be undertaken such other
studies as it deems necessary or desirable in connection
with marine mammal conservation and protection, and take
every step feasible to prevent wasteful, duplicative research.
To accomplish these tasks, the Commission: conducts an
annual survey of Federally-funded marine mammal research;
reviews and recommends steps that should be taken to prevent
duplication and improve the marine mammal research programs
conducted or supported by the National Marine Fisheries
Service, the Fish and Wildlife Service, the Minerals Management
Service, and other Federal agencies; convenes meetings and
workshops to review, plan, and coordinate marine mammal
research; and contracts for studies to help define and
develop solutions to domestic and international problems
affecting marine mammal and habitat conservation so as to
complement the other agencies' activities.
Survey of Federally-Funded Marine Mammal Research
Research directly or indirectly relevant to the conservation
and protection of marine mammals and their habitats is
conducted or supported by a broad range of Federal departments
and agencies. To determine the precise nature of this
research and how it can be used to facilitate marine mammal
conservation and protection, and to prevent wasteful duplication,
the Commission annually requests and reviews information on
the marine mammal research programs being conducted, supported,
or planned elsewhere in the Federal Government.
In 1982, the Commission requested information from
eighteen Federal departments and agencies. Responses are
not due until early in 1983, but at least thirteen agencies
are known to be conducting or supporting research relevant
to the conservation and protection of marine mammals. Those
organizations are: the Department of State; the Minerals
Management Service; the National Institutes of Health; the
National Marine Fisheries Service; the National Park Service;
the Naval Ocean Systems Center; the North Pacific Fishery
Management Council; the Office of Naval Research; the Smithsonian
Institution; the U.S. Air Force; the U.S. Fish and Wildlife
Service; and the U.S. Geological Survey. The Minerals
Management Service, the National Marine Fisheries Service,
and the Fish and Wildlife Service have the largest and most
diverse marine mammal research programs.
As a result of past Commission efforts, duplication of
research is no longer considered a problem, but certain
programs could benefit from better integration or coordination
to meet information needs more effectively and economically.
As an example, the offices of the Minerals Management Service
are supporting regional marine mammal research projects that
would benefit from better coordination with related marine
mammal projects being conducted or supported by the Fish and
Wildlife Service and/or the National Marine Fisheries Service.
When all of the information from the 1982 survey is
compiled and verified, the Commission, in consultation with
its Committee of Scientific Advisors, will evaluate the
information and, as appropriate, recommend steps that should
be taken to better develop, focus, and coordinate agency
programs.
Research Program Reviews, Workshops,
and Planning Meetings
In 1°02, the Commission, in consultation with its
Committee of Scientific Advisors, reviewed, commented on,
and/or made recommendations concerning: the overall scope
of Federally-funded marine mammal research; the National
Marine Fisheries Service's tuna-porpoise, bottlenose dolphin,
Hawaiian monk seal, California coastal marine mammal, and
North Pacific fur seal research programs; the bowhead whale
research programs being conducted and/or supported by the
National Marine Fisheries Service and the Minerals Management
Service; the latter's Regional Environmental Studies Program;
and the Fish and Wildlife Service's manatee and sea otter
research programs. The Commission also convened or participated
in meetings and workshops to: better define the nature and
scope of research programs needed to determine what more
can be done to conserve and protect the West Indian manatee,
the southern sea otter, and the bowhead whale; identify research
programs needed to conserve and protect marine mammals in
outer continental shelf lease sale areas in the Gulf of
Mexico; identify research needs and the optimal U.S. research
program relative to the conservation and protection of
living resources, including whales and seals, in the oceans
surrounding Antarctica; review the National Marine Fisheries
Service's tuna-porpoise and California coastal marine mammal
research programs; and review and evaluate ongoing research
related to the conservation of the North Pacific fur seal.
Details of these activities, and the resulting recommendations,
are provided elsewhere in this Report.
Commission-Sponsored Research and Study Projects
The Departments of Commerce and the Interior have
primary responsibility under the Marine Mammal Protection
Act for acquiring the biological and ecological data needed
to protect and conserve marine mammals and the ecosystems of
which they are a part. This responsibility has been delegated
to the National Marine Fisheries Service and the Fish and
Wildlife Service, respectively.
As noted earlier, the Commission convenes workshops and
contracts for research and studies to identify and evaluate
threats to marine mammal populations and supports, within
its budget limitations, other research it deems necessary.
Since it was established, the Commission has contracted for
more than 300 projects ranging in amounts from several
hundred dollars to $128,000. The average contract cost has
been approximately $8,000. Total contract amounts were:
5298,,/87 in FY 74; $446,628 in FY 75: $479,449 in FY 76;
$132,068 in the FY 76-77 three-month transition period;
po2e, O04 et NobY 97, Pease, 676 pit FY 18; S219,897 in FY 79%
Poo LAUU0 anePY sobs oLitpGne In Y ule and o197, 117 in FY Gz.
In many cases, the Commission's investment in research
activities is in the form of transfers of funds to other
Federal agencies, particularly the National Marine Fisheries
Service and the Fish and Wildlife Service. When such
transfers are made, they are accompanied by detailed scopes
of work which describe precisely what the agency is to do or
have done. They also include requirements for reporting on
progress to the Commission. In many instances, this approach
has been used to enable the agencies to start needed research,
at a time when it might not otherwise be possible for them
to do so, on the understanding that the agency itself will
continue project stipport as long as necessary. The Commission
also believes that it is valuable to maintain agency involvement
to the greatest extent possible and that such transfers
provide a useful means of doing so.
Contract work undertaken by the Commission in 1982 is
summarized below. Final reports from Commission-sponsored
Studies completed in 1982 and earlier are available from the
National Technical Information Service and are listed in
Appendix B of this Report. Papers based on Commission-
sponsored research that have been published elsewhere are
listed in Appendix C.
Survey of Federally-Funded Marine Mammal Research
(G. H. Waring, Southern Illinois University)
The Commission conducts an annual survey to identify
marine mammal research conducted or supported by Federal
agencies. At the end of 1982, the contractor was beginning
to organize and summarize information provided by the
agencies on their FY 82 and FY 83 marine mammal research
programs. After the completed report has been sent to the
agencies for verification of the data contained therein, the
Commission, in consultation with its Committee of Scientific
Advisors, will review the information and, as appropriate,
recommend actions to better develop, orient, and coordinate
agency research programs. Copies of the final report will
be provided to all agencies and will also be available
through the National Technical Information Service.
Preparation for the Fifth Meeting of the Ad Hoc Group
OLNUL SE AncaALcETCnoCtentasts
(K. A. Green Hammond, Ecosystem Modeling, Inc.)
Pursuant to the international Convention on the Conservation
of Antarctic Marine Living Resources, a Commission, a Scientific
Committee, and an Executive Secretariat were established to
facilitate implementation of the Convention, and headquarters
were set up in Hobart, Tasmania, Australia. The first
meetings of the Commission and Scientific Committee were
held in Hobart from 24 May to 11 June 1982. Although the
next meetings have not yet been scheduled, they probably
will be held in Hobart in the late spring or early fall of
1983. To help prepare for these meetings, the National
Oceanic and Atmospheric Administration, in consultation with
the Marine Mammal Commission, the Department of State, and
the National Science Foundation, is planning a fifth meeting
of U.S. scientists in February 1983 to consider and provide
advice on scientific issues bearing upon effective implementation
and operation of the Convention. In support of these efforts,
the Commission has contracted with Dr. Green Hammond to help
organize the meeting and prepare the report. The report
will be provided to the U.S. delegation to assist in preparing
for the next Commission and Scientific Committee meetings.
Evaluation of Pinniped and Seabird Species as Possible
Indicators of Changes in the Abundance of Antarctic Krill
(K. A. Green Hammond, Ecosystem Modeling, Inc.)
wre The Convention on the Conservation of Antarctic Marine
Living Resources requires that harvesting of these resources
be managed so as to prevent the depletion of dependent as
well as harvested species and to maintain the basic structure
and dynamics of the Southern Ocean ecosystem. It would be
prohibitively costly and perhaps impossible to assess and
monitor the status of every species or population that could
be affected directly or indirectly by harvesting or related
activities. Therefore, one of the initial tasks of the
Commission and Scientific Committee established by the
Convention will be to determine which species, populations,
or population parameters are most likely to change in
direct or indirect response to harvesting and to design and
implement appropriate monitoring programs. To help facilitate
these determinations, the contractor is compiling and evaluating
available data on the demography and dynamics of pinniped
and seabird populations in the Antarctic and elsewhere to
determine whether one or more pinniped or seabird species
might serve as an indirect indicator of harvest-caused
changes in the size of Antarctic krill populations. The
project report is expected to be completed in the spring of
1983 and will be provided to the U.S. delegation to help
prepare for the next meetings of the Commission and Scientific
Committee.
Mitigation of Marine Mammal-Fisheries Conflicts in
the Columbia River and Elsewhere
(National Marine Fisheries Service)
During a Commission-sponsored workshop held in October
1981, participants identified a number of measures that
might be useful for avoiding or mitigating marine mammal-
fisheries conflicts in the Columbia River and elsewhere.
However, there was not sufficient time or information available
to determine and describe the precise types of research and
monitoring programs needed to test and evaluate the possible
mitigation measures which were identified. Therefore, in
1982, the Commission transferred funds to the National
Marine Fisheries Service to support development of a detailed
research and studies plan. The National Marine Fisheries
Service contracted with the Washington Department of Game to
develop the study plan which is expected to be completed
early in 1983. The Commission, in consultation with its
Committee of Scientific Advisors, will review the plan and,
as appropriate, recommend that it be adopted and implemented
by the National Marine Fisheries Service.
Workshop on Marine Mammal-Fisheries Interactions in
the Bering Sea
(North Pacific Fishery Management Council)
In 1979, the Commission provided funds to the North
Pacific Fishery Management Council to help support a review
of available data on the status, feeding habits, and habitat
requirements of marine mammals in the Bering Sea. The
review was conducted by the Alaska Department of Fish and
Game under contract to the North Pacific Fishery Management
Council and was completed in 1982. The report identifies a
number of data gaps and recommends, among other things, that
a workshop be held to determine how best to obtain needed
data and how available data can be used to improve and
coordinate management plans for marine mammals and fisheries
in the Bering Sea. A steering group has been constituted to
plan the workshop (see Chapter IV) and the Commission has
transferred funds to the North Pacific Fishery Management
Council to help underwrite a portion of the costs. The
workshop results will be reviewed by the Commission, the
North Pacific Fishery Management Council, and other interested
parties to determine what further actions can and should be
taken to develop ecologically sound management strategies
for both marine mammal and fish populations in the Bering
Sea.
Incidental Take of Marine Mammals in California Gill
Net Fisheries
(California Department of Fish and Game)
Recent studies in Monterey Bay and other coastal areas
of California indicate that several species of marine mammals,
as well as marine birds and non-target fish species, are
being taken incidentally in gill net fisheries, such as
those for shark, halibut, and croaker. There is a need to
document the nature and extent of this incidental take and,
more importantly, to determine what additional measures may
be needed to avoid or reduce it. The California Department
of Fish and Game has begun to develop and implement an
appropriate assessment program. In addition, the National
Marine Fisheries Service, the Fish and Wildlife Service, the
Minerals Management Service, and several non-governmental
organizations are conducting, supporting, or planning
programs which are providing or could provide supplemental
data. To facilitate data collection and assure that full
benefit is gained from the separate studies, the Commission
has provided funds to the California Department of Fish and
Game to augment the ongoing studies and to determine how
programs being conducted, supported, or planned by other
organizations might be used to expedite acquisition of
needed data. Preliminary assessments and a comprehensive
program plan are expected to be completed by spring 1983 and
will be reviewed by the Commission, in consultation with its
Committee of Scientific Advisors, to determine whether
additional measures may be needed to resolve the problem.
On-Site Assessment of Potential Sea Otter Translocation
Sites in Washington, Oregon, and California
Fish and Wildlife Service
The Southern Sea Otter Recovery Plan recommends that at
least one colony of southern sea otters be established
outside the current range in California to assure that all
or a substantial portion of the population cannot be affected
Simultaneously by an oil spill or similar catastrophic event
in or near the population's current range. To assist in
determining and evaluating sites where additional colonies
might be established, the Fish and Wildlife Service, acting
on a Commission recommendation, contracted with a consulting
firm to compile and map readily available biological, ecological,
and socio-economic information relevant to the selection and
evaluation of potential translocation sites (see page 9 in
the Annual Report for Calendar Year 1981). While it was
possible for the contractor to tentatively identify a number
of possible sites based on a careful examination of available
data, published reports, and other sources, the Commission
considered it important that the contractor also be able to
verify these findings with benefit of on-site examinations
as the project nears completion. Therefore, the Commission
provided supplemental funding for on-site examination of
those areas identified as potential translocation sites.
Insight and data obtained during these site visits will be
incorporated into the final project report which will be
finished early in 1983.
Computer Entry of Farallon Islands Elephant Seal Data
(National Marine Fisheries Service, Southwest Fisheries Center)
Northern elephant seals, California sea lions, and harbor
seals have recently reestablished breeding populations on
the Farallon Islands. This offers a unique opportunity
to determine how populations interact and reestablish themselves
after depletion and may provide valuable insight into the
demography and dynamics of pinniped populations in general.
From 1974 to 1979, the Commission provided Support for
periodic population Surveys and behavior studies. From 1979
through 1982, the National Marine Fisheries Service provided
Support to continue the studies and a substantial amount of
data, particularly on the northern elephant seal population,
was acquired. By 1982, it was clear that the elephant seal
data were sufficient to necessitate computer entry for
efficient storage, retrieval, and evaluation. Since the
National Marine Fisheries Service was unable to provide the
funds needed to organize the data, develop the necessary
computer programs, and enter the data into the computer, the
Commission transferred funds to the Service for those
purposes,
Radio-Tagging Humpback Whales in and near Glacier Bay, Alaska
(National Marine Fisheries Service)
Late in 1980, the National Park Service transferred
funds to the National Marine Fisheries Service to develop
and support a research program to determine whether vessel
traffic or other factors were causing humpback whales to
avoid entering or staying in the Glacier Bay National Park
(see Chapter VI of this Report for additional information).
The studies carried out during the summer of 1981 did not
provide sufficient information to answer all relevant questions.
At a program review held by the Commission in December 1981,
participants recommended that additional interdisciplinary
studies using radio and sonic tracking devices, sound
playback experiments, behavioral observations, and environmental
sampling be conducted to develop a better basis for decision-
making. The National Park Service was unable to provide
sufficient funds to fully support recommended radio-tracking
and other studies and the Commission transferred funds to
the National Marine Fisheries Service to purchase a full
complement of radio tags for the tagging work. One whale
was tagged and followed periodically for two weeks and three
other whales were successfully tagged just prior to the end
of the 1982 field season. Contractors' reports are due in
April 1983 and will be used to assist in determining whether
restrictions on vessel traffic are necessary to assure the
continued well-being of humpback whales in Glacier Bay and
adjacent waters.
Demography and Behavior of Gray Whales in Laguna San
Ignacio, Baja California Sur, Mexico
(Mo L. Jones and S. L. Swartz, "Cetdacean Research Associates)
Whale-watching, exploration for and subsequent development
of offshore oil and gas resources, and other human activities
may adversely affect gray whales in the lagoons of Baja
=O) =
California where they calve and breed. During the past five
years, the contractors, with the support of the Commission
and others, have collected information on the number and
behavior of gray whales and their interactions with humans
in Laguna San Ignacio. Although these data were evaluated
and reported in both English and Spanish after each field
season, it was decided that it would be desirable to integrate
and assess the data from all years to assist in determining
whether additional measures were needed to protect the
whales and/or the calving/breeding lagoons. The Commission,
therefore, provided additional support for the contractors
to synthesize and evaluate the data collected over the past
five field seasons and to recommend such additional research
and management actions as seem appropriate. The summary
report and recommendations, expected to be completed early
in 1983, will be used, as appropriate, as a basis for recommendations
to the National Marine Fisheries Service, Department of
State, or other agencies with responsibilities relevant to
the protection of gray whales and their habitat.
Workshop on the Biology and Status of Right Whales
(New England Aquarium)
Although commercial hunting of right whales has been
prohibited since the mid-1930's, there is uncertainty as to
whether various populations or stocks are increasing,
decreasing, or stable. At its 1982 meeting, the Scientific
Committee of the International Whaling Commission recommended
that a workshop be held prior to its next meeting to assess
available data concerning the status of various right whale
populations, particularly those in the Okhotsk/Sea of Japan,
the northwest Atlantic, the southwest Atlantic, and Australasia.
The New England Aquarium subsequently agreed to organize and
host the meeting, and the Marine Mammal Commission, the
International Whaling Commission, and other organizations
have provided funds to cover costs. The workshop will be
held in late May/early June 1983 and the resulting report is
to be available for consideration during the 1983 meeting of
the International Whaling Commission.
Development of a Right Whale Sighting Network in the
Southeastern United States
(Howard E. Winn, Biological Writers and Consultants)
In the northwestern Atlantic, right whales are known to
occur in coastal waters between Cape Cod and Nova Scotia
during the summer months. Calving and breeding are thought
to occur in the winter, but precisely when and where are
unknown. A few scattered sightings suggest that the whales
may spend the winter months in waters off Georgia and
northern Florida. However, the significance of these
Sightings and the nature and extent of possible wintering/calving
grounds are unknown. The purpose of this project is to
develop a sighting/reporting network to facilitate acquisition
of information on the presence, abundance, distribution, and
movements of right whales in the coastal waters of Georgia
and northern Florida. Such information is necessary to
determine whether offshore oil and gas development or other
human activities in the area might adversely affect right
whales and, if so, how the effects might be mitigated.
Identification of Possible Differences in the Hardiness
of Bottlenose Dolphins from Different Coastal Areas of
the Southeastern United States
(J. E. Reynolds III, Eckerd College)
Bottlenose dolphins have been and are being taken from
a number of coastal areas of the United States for purposes
of both public display and scientific research. It appears
that animals from some areas do not survive as well in
captivity as do animals from other areas, which suggests
that there may be area-specific differences in capture,
transport, or holding procedures or that animals from some
areas are healthier or hardier than those from others. This
in turn suggests the possibility of between-area differences
in population fitness or, alternatively, between-area differences
in either pre- and/or post-capture stress or environmental
quality. The contractor is obtaining and reviewing capture
records and other relevant data to: determine whether and,
if so, to what extent survival of bottlenose dolphins in
captivity is dependent upon the area from which they were
taken; identify environmental contaminants or other variables
that could be responsible for either documented or possible
area-related differences in post-capture survival; determine
whether bottlenose dolphins could be used to help monitor
the health uf certain coastal ecosystems; and determine
what, if any, steps should be taken to monitor or improve
the general health of local populations, including develop-
ment of standard tests for assessing the health of captured
animals.
Estimation of the Size and Species Composition of
Porpoise Schools in the Eastern Tropical Pacific
(National Marine Fisheries Service)
Reliable estimates of the size and species composition
of porpoise schools in the eastern tropical Pacific Ocean
are needed to assess the effects of incidental taking of
porpoise in the yellowfin tuna purse seine fishery. The
National Marine Fisheries Service and the Inter-American
Tropical Tuna Commission have collected photographs and
other data on porpoise schools in the eastern tropical
Pacific, but have not had sufficient personnel or funds to
fully analyze the data. The Commission therefore transferred
funds to the National Marine Fisheries Service to contract
with appropriately qualified scientists to complete the data
analysis. The contractor's report will be used by the
National Marine Fisheries Service, in consultation with the
Marine Mammal Commission, the Inter-American Tropical Tuna
Commission, and the Porpoise Rescue Foundation, to help
develop better estimates of the status of porpoise stocks
affected by the yellowfin tuna purse seine fishery.
Assessment of Issues Bearing Upon Marine Mammals in Alaska
Um Wieaen tiers
The National Marine Fisheries Service and the Fish and
Wildlife Service have lead Federal responsibility for protecting
and conserving the wide variety of marine mammals that
inhabit or migrate through the coastal waters of Alaska.
Other Federal agencies such as the Minerals Management
Service, State agencies such as the Alaska Department of
Fish and Game, and other entities such as the Alaska Eskimo
Whaling Commission are involved with marine mammals as well.
Planning and coordination among all involved organizations
as well as responsiveness of the Federal Government to
initiatives from certain of the groups have not always been
what might be desired. The contractor, through consultation
with representatives of the above-mentioned groups and
others, is preparing a report in which he will analyze the
present situation and set forth steps that might be taken by
the Commission and others to improve planning, coordination,
and responsiveness.
Assessment of Possible Mechanisms for Protecting Areas
of Special Biological Importance to Manatees
(D. Gluckman)
Identification and protection of feeding areas, breeding
areas, and other areas of similar biological importance are
essential to assure the continued existence of the West
= [oe
Indian manatee and other species of marine mammals. The
type and extent of required protection may vary according to
the nature, size, and location of the areas requiring
protection, as may the most appropriate mechanism for
achieving the required protection. This contractor is
assisting the Commission's Committee of Scientific Advisors
in its examination of critical habitat areas by providing
advice on available mechanisms for protecting areas of
special biological importance to manatees. The contractor's
analyses will be incorporated into the Committee of Scientific
Advisors' report to the Commission on actions which it feels
should be taken to protect important manatee habitat.
Special Research Concerns for Fiscal Year 1983
The Hawaiian monk seal and the southern, or California,
sea otter have been designated as "endangered" and "threatened,"
respectively, under the Endangered Species Act of 1973.
Although the National Marine Fisheries Service and the Fish
and Wildlife Service, the agencies with lead responsibility
for these species, have taken steps to develop and implement
recovery plans, progress has not been as rapid as expected.
Recognizing that greater efforts were needed and needed
promptly, Congress increased the Commission's budget request
from $594,000 to $822,000 for FY 1983 and directed that the
bulk of the increase be spent on the Hawaiian monk seal and
the southern sea otter. The money became available to the
Commission at the end of 1982.
Following consultations with the National Marine Fisheries
Service, the Fish and Wildlife Service, the States of Hawaii
and California, relevant industry and environmental groups,
and its Committee of Scientific Advisors on Marine Mammals,
the Commission will apply the funds to specific research and
management activities determined to be the most essential
for protecting and encouraging recovery of these species.
=. TA. =
CHAPTER III
INTERNATIONAL ASPECTS OF MARINE MAMMAL PROTECTION
AND CONSERVATION
Section 108 of the Marine Mammal Protection Act directs
that the Departments of Commerce, the Interior, and State, in
consultation with the Commission, seek to further the
protection and conservation of marine mammals under existing
international agreements and take such initiatives as may be
necessary to negotiate additional agreements required to
achieve the purposes of the Act.
In addition, Section 202 of the Marine Mammal Protection
Act directs that the Marine Mammal Commission recommend to
the Secretary of State, and other Federal officials, appropriate
policies regarding existing international arrangements for
the protection and conservation of marine mammals.
The Commission's activities in 1982 with respect to
conservation and protection of marine mammals in the Southern
Ocean, the International Whaling Commission, the Interim
Convention on Conservation of North Pacific Fur Seals, and
the Convention on International Trade in Endangered Species
of Wild Fauna and Flora are discussed below.
Conservation and Protection of Marine
Mammals in the Southern Ocean
At least thirteen species of seals and whales inhabit
or migrate through the Southern Ocean, the seas surrounding
Antarctica. Although unregulated or poorly regulated sealing
and whaling brought several of these species to near-extinction,
the end of commercial sealing and improved regulation of
whaling under the International Whaling Commission make
threats from commercial exploitation no longer as serious as
they once were. However, new threats have arisen. These
are the developing fisheries, particularly the, fishery for
Antarctic krill (Euphausia superba), and growing interest in
possible offshore oil and gas resources.
Because of the possible direct and indirect effects of
fisheries and offshore oil and gas development on marine
mammals, the Marine Mammal Commission, since it became
operational in 1974, has undertaken a continuing review of
matters that might affect the structure and dynamics of the
Southern Ocean ecosystem. (Commission activities prior to
1982 are described in detail in earlier Commission reports.)
The Commission has made numerous recommendations concerning
the need for a comprehensive biological and ecological
research program in the Southern Ocean, as well as the need
for international arrangements to regulate fisheries and
offshore oil and gas activities in the Southern Ocean. A
brief summary of these activities as well as a description
of 1982 activities is provided below.
Activities Related to Living Resources
Within its first month of operation in 1974, the
Commission helped prepare an environmental impact statement
on the Convention on the Conservation of Antarctic Seals,
and also worked with the Department of State and other
agencies to prepare materials which were provided to the
Senate for its consideration of the agreement, which was
Eatirved an l97es
In 1975, the Commission was asked by the National
Science Foundation to review material relating to the
conservation of krill in the Southern Ocean. The Commission
responded, noting, among other things, that: existing
information was inadequate to provide a reliable basis for
management decisions; research on various aspects of krill
and the impacts of a possible krill fishery should be given
high priority; attention should be paid to the principle of
establishing management regulations prior to exploitation;
and all necessary steps should be taken to conclude an
effective international agreement to govern any krill fishery.
In 1976, the Commission, concerned with the lack of
progress in addressing the conservation of living resources,
recommended to the Department of State that it: (1) promptly
undertake a review and re-evaluation of U.S. policy regarding
the Antarctic; (2) pursue the development of a policy to
conserve the living resources of the Southern Ocean and the
development of an international convention to implement that
policy; and (3) undertake measures to prepare a draft
environmental impact statement in the course of developing
the policy and the convention. Throughout 1977, the Commission
continued to encourage the Department of State and the
= 16 ¢
National Science Foundation to develop, adpot, and pursue
policies that would lead to cooperative international
efforts to protect the Antarctic marine ecosystem. At the
IXth Antarctic Treaty Consultative Meeting held late in
1977, the representatives of the United States and the other
Antarctic Treaty Consultative Parties* recommended to their
governments that a definitive regime for the conservation of
Antarctic marine living resources be concluded before the
end of 1978 and that a Special Consultative Meeting be
convened for the purpose of developing a Draft Convention.
In response to the decision made at the IXth Consultative
Meeting, Australia hosted a Special Consultative Meeting in
Canberra, Australia (27 February to 16 March 1978). In
preparation, the Department of State prepared and requested
comments on a Draft Environmental Impact Statement (DEIS)
for a Possible Regime for Conservation of Antarctic Marine
Living Resources. The Commission, in consultation with its
Committee of Scientific Advisors, provided extensive comments
and helped prepare a draft convention which was tabled at
the meeting. Further discussions were needed in order to
reach agreement on a negotiating text for the convention,
and these were held in Buenos Aires (July 1978), Washington,
D.C. (September 1978 and September-October 1979), and Bern
(March 1979).
The Formal Diplomatic Conference to conclude the
Convention was held in Canberra, Australia, 7-20 May 1980.
Subsequently, a "preparatory meeting" was held in Hobart,
Tasmania, Australia, from 10-24 September 1981 to discuss
steps that could be taken to facilitate operation of the
Commission and Scientific Committee which were to be established
when the Convention entered into force. The Convention
entered into force on 7 April 1982, 30 days after deposit of
the eighth instrument of ratification. The first meeting of
the Commission for the Conservation of Antarctic Marine
Living Resources (the Living Resources Convention) was held
in Hobart from 24 May to 11 June 1982 and the first meeting
of the Scientific Committee in Hobart from 7-1l June 1982.
* The Antarctic Treaty Consultative Parties at that
time were: Argentina, Australia, Belgium, Chile,
France, Japan, New Zealand, Norway, Republic of South
Africa, U.S.S.R., United Kingdom, and the United States.
Since then, the Federal Republic of Germany and Poland
have become Consultative Parties.
= 7
The Marine Mammal Commission, as indicated in previous
Annual Reports, has provided advice and assistance in
developing U.S. positions on issues under discussion at each
of the meetings, and the Commission's Scientific Program
Director has served as an advisor to the Head of the U.S.
Delegation at all but the informal discussion in Bern in
March 1979. In addition, the Commission: has provided
detailed comments and recommendations on a Draft Environmental
Impact Statement for a Possible Regime for Conservation of
Antarctic Marine Living Resources (see pages 66-69 of the
Commission's Annual Report on Calendar Year 1978); was
instrumental in arranging a review of marine ecosystem
research in the Antarctic (see pages 57-61 of the Commission's
Annual Report on Calendar Year 1979 and pages 76-77 of the
Commission's Annual Report on Calendar Year 1980); was the
initiator of the meetings of the Ad Hoc U.S. Scientific
Working Group on the Antarctic to provide advice on scientific
and technical matters concerning negotiation of the Living
Resources Convention; and testified on Antarctic issues
before the Senate Foreign Relations Committee, the Senate
Committee on Commerce, Science, and Technology, and the
House Merchant Marine and Fisheries Committee.
The first meetings of the Antarctic Living Resources
Commission and Scientific Committee -- As noted above, the first
meetings of the Commission and Scientific Committee for the
Conservation of Antarctic Marine Living Resources were held
in Hobart in late May and early June of 1982. To help
prepare for these meetings, a Fourth Meeting of the Ad Hoc
U.S. Scientific Working Group on the Antarctic was held in
Washington, D.C. on 16-17 March 1982. The meeting was
organized and convened by the National Marine Fisheries
Service, in consultation with the Commission, the Department
of State, and the National Science Foundation. The meeting
report, prepared under contract to the Commission (see page
7 of the Annual Report on Calendar Year 1981), was used to
help prepare positions on scientific and technical matters
included on the agendas for discussion at the first meetings
of the Living Resources Commission and Scientific Committee.
The first meeting of the Living Resources Commission
resulted in the election of a chairman and vice chairman;
the approval of rules of procedure, financial regulations,
and staff regulations; the appointment of an Executive
Secretary; the conclusion of an interim headquarters agree-
ment; and the preparation of budgets for 1982 and 1983.
= We
The first meeting of the Scientific Committee was
somewhat less productive than the Commission meeting.
Although a chairman and two vice-chairmen were elected, the
Committee was unable to agree on rules of procedure.
However, draft rules of procedure, generally acceptable to
the United States and many other delegations, were produced,
and it seems likely that the remaining difficulties can be
resolved before or during the next Committee meeting.
Although the Scientific Committee was unable to agree
on rules of procedures, participants did consider a number
of substantive matters during informal sessions chaired by
the chairman-elect. During these sessions, it was proposed,
among other things, that: (1) a thorough inventory of
current and past activities in fields of relevance to the
Convention should be conducted as a matter of priority; (2)
the Commission should take steps to introduce a logbook
system for obtaining information on all commercial fishing
in the Convention area; (3) the Commission and Scientific
Committee should establish cooperative working relationships
with the Scientific Committee on Antarctic Research's (SCAR)
Group of Specialists on Southern Ocean Ecosystems and Their
Living Resources; (4) the SCAR Group of Specialists should
be asked by the Commission to update, under contract, its
1976 review of available data on the structure and status of
the Southern Ocean ecosystem; (5) the Group of Specialists'
Working Group on Modeling should be consulted to assist in
determining whether and what models might be used to define
and resolve management problems; (6) a Working Group on
Remote Sensing should be constituted to determine current
remote sensing capabilities and how they might be applied to
Management of marine living resources in the Antarctic; and
(7) a Data Base Working Group should be established to
assist in describing and developing the appropriate data
base to facilitate the Committee's work.
The next meetings of the Living Resources Commission
and Scientific Committee have not yet been scheduled, but
are expected to be held in the late spring or early autumn
of 1983. To help prepare for these meetings, the National
Marine Fisheries Service, in consultation with the Commission,
the Department of State, and the National Science Foundation,
is convening another meeting of the Ad Hoc U.S. Scientific
Working Group on the Antarctic. This meeting will be held
on 16-17 February 1983 and, as noted in Chapter II of this
Report, the Commission has provided funds to help organize
the meeting and provide a timely meeting report.
Oh =
Activities Related to Non-Living Resources
Activities associated with exploration for and exploitation
of non-living resources, particularly offshore oil and gas
deposits, could have direct and indirect effects on whales,
seals, krill, and other components of the Southern Ocean
ecosystem. The Antarctic Treaty Consultative Parties recognize
these risks and, at the Xth Antarctic Treaty Consultative
Meeting held in Washington, D.C. in September-October 1979,
the Consultative Party representatives recommended: that
their governments facilitate the development of research
programs which would contribute to an improved understanding
of relevant aspects of Antarctica and its environment; that
the question of mineral exploration and exploitation be
placed on the agenda for consideration at the XIth Consultative
Meeting; and that, prior to the XIth Consultative Meeting, a
meeting be held to consider the ecological, political,
technological, legal, and other aspects of a possible Antarctic
minerals regime. The representatives also noted that an
agreed regime should provide a means for judging the acceptability
of proposed exploration and development activities as well
as for governing those activities judged to be acceptable.
The Marine Mammal Commission helped develop U.S. positions
for resource-related issues considered during the Xth Antarctic
Treaty Consultative Meeting, the Special Meeting on Antarctic
Mineral Resources held in Washington, D.C. from 8-12 December
1980, and the XIth Antarctic Treaty Consultative Meeting
held in Buenos Aires from 23 June to 7 July 1981. To help
prepare for the latter meeting and subsequent negotiation of
a minerals regime, the Commission, early in 1981, contracted
for the preparation of a paper entitled "Environmental
Aspects of Potential Petroleum Exploration and Exploitation
in Antarctica: Forecasting and Evaluating Risks." A draft
of that paper (now available in final form from the National
Technical Information Service, see Appendix B, Green Hammond) was
provided to the Department of State and other agencies for
use in preparing for the XIth Antarctic Treaty Consultative
Meeting.
At that meeting, delegates adopted a recommendation
calling on their governments to convene a special consultative
meeting to: (1) elaborate a regime for Antarctic mineral
resources; (2) determine whether the regime should be in the
form of an international instrument such as a convention or
take some other form; (3) establish a schedule for negotiations,
using informal meetings and sessions of the special consultative
meeting as appropriate; and (4) take any other steps that might
be necessary to facilitate the conclusion of the regime,
including a decision as to the procedure for its adoption.
=) 20iK=
Following the XIth Consultative Meeting, the Department
of State prepared and distributed a Draft Environmental
Impact Statement (DEIS) on the Negotiation of an International
Regime for Antarctic Mineral Resources. The Marine Mammal
Commission commented on the DEIS and helped the Department
of State prepare for the first session of the Special Consultative
Meeting to begin elaboration of a minerals regime which was
held in Wellington, New Zealand, on 14-25 June 1982. The
Commission's Scientific Program Director participated in
that meeting as an advisor to the Head of the U.S. Delegation.
It is likely that a number of additional formal and
informal sessions of the Special Consultative Meeting will
be needed to elaborate an acceptable minerals regime, and
one informal and one formal session have been scheduled.
The informal session is to be held in Wellington from 17-28
January 1983 and the formal session is to be in Bonn, West
Germany, in the summer of 1983. As before, the Marine
Mammal Commission will help to prepare for those meetings
and, as requested, provide experts to advise the U.S.
representative at the meetings.
Reaffirmation of U.S. Interest in Antarctica
The National Science Foundation's Division of Polar
Programs is responsible, among other things, for development
and operation of the U.S. national program in the Antarctic.
On 5 February 1982, President Reagan reaffirmed U.S. interests
in Antarctica, and directed that, the U.S. Antarctic Program
be maintained at a level providing an active and influential
presence designed to support the range of U.S. interests.
The President further directed that this presence shall
include the conduct of scientific activities in relevant
disciplines and the year-round occupation of the South Pole
and two coastal stations.
According to the President's decision, the National
Science Foundation will: continue to budget for and manage
the entire U.S. national program in Antarctica; fund university
research and Federal agency programs related to Antarctica;
draw upon the logistic support capabilities of other government
agencies on a cost-reimbursable basis; and use commercial
facilities as necessary. Other agencies will be able to
fund and undertake directed, short-term programs of scientific
activity, subject to review and approval of the Antarctic
Policy Group chaired by the Department of State.
Sous
As noted above, significant progress has been made in
the past several years to develop and implement international
agreements which will assure the conservation and protection
of marine mammals and other components of the Southern Ocean
ecosystem. The efforts have been successful, in part,
because of the unique nature of the Antarctic Treaty and the
history of international cooperation in the Antarctic.
The Commission will continue to work with the National
Science Foundation, the Department of State, the National
Oceanic and Atmospheric Administration, and other appropriate
organizations and agencies towards the successful implementation
of the provisions of the Convention on the Conservation of
Antarctic Marine Living Resources and towards the development
of an ecologically sound regime to govern exploration for and
exploitation of mineral resources.
International Whaling Commission (IWC)
Representatives of the Marine Mammal Commission consulted
with the U.S. Commissioner to the International Whaling
Commission and others in preparation for the Special Meeting
and the Thirty-fourth Annual Meeting of the IWC in Brighton,
England, and attended the meetings of the IWC and its
Scientific Committee during 1982. The Commission's
activities in 1982 regarding the bowhead whale issue as they
relate to the IWC are discussed in Chapter VI of this
Report. A summary of the Commission's activities relating to
other aspects of IWC action in 1982 is set forth below.
Special Meeting, March 1982
As discussed in the Commission's previous Annual Report,
the IWC set quotas of zero at its meeting in 1981 for all
stocks of sperm whales throughout the world except the
western division North Pacific stock which was harvested by
Japanese coastal whalers under a quota of 890 for 1981.
Instead, the IWC agreed to refrain from inserting an
explicit zero in the Schedule for this stock and to specify
by a footnote in the Schedule that, beginning in the fall
of 1982 and thereafter, no whales could be killed from this
stock unless and until the IWC established catch limits for
it. The IWC also agreed to convene a special meeting of
the Scientific Committee in Cambridge, England, from
27 February until 5 March, and a special meeting of the
Commission in Brighton, England, 24-25 March 1982 to consider
any additional data and analyses that might become available
= api =
relating to that stock. Japan filed an objection to this
footnote in November 1981 and was therefore relieved of the
obligation under the Convention to comply with this
provision. In filing its objection, however, Japan
indicated that it was conditional in the sense that it
would be withdrawn if the special meeting in March or the
regular meeting in July resolved the issue to its satisfaction.
The efforts of the Scientific Committee at its special
meeting were devoted to an extensive review of the two
assessment techniques -- "length specific" and "age
specific" -- which gave significantly different results.
Most members of the Committee concluded that the former
was more reliable and that its performance was superior in
the validation studies that were conducted. The Committee
did not, however, have sufficient time to interpret the
projected trends in stock size derived from the two
techniques or formulate management recommendations for
consideration by the Commission.
After considering the Report of its Scientific
Committee, the IWC agreed, by consensus, to take no action
to amend the existing Schedule provisions relating to this
stock and to refer the question to the annual meeting in
July for further consideration. The IWC also asked the
Scientific Committee to attempt to complete its review of
the stock at its regular meeting so as to provide any
additional information or advice for consideration. As a
result, the ban on killing sperm whales from the western
division North Pacific stock in the fall of 1982 and
thereafter remained in effect, subject to Japan's objection.
The July 1982 Meeting
A total of 37 members participated in the July 1982
meeting of the IWC. Eight non-whaling nations (Antigua-
Barbuda, Belize, Egypt, Federal Republic of Germany, Kenya,
Monaco, Philippines, and Senegal) joined the IWC after the
July 1981 meeting while Dominica withdrew from the IWC and
was not represented at the 1982 meeting and Jamaica
maintained its membership in the IWC but was not represented
at the meeting. A summary of the major actions taken at the
meeting is set forth below.
Cessation of commercial whaling -- Five proposals for
various types Of moratoria On commercial whaling were on the
agenda as the first substantive item of business -- one each
submitted by Seychelles, United Kingdom, United States,
Paes
France, and Australia. The Seychelles' proposal, calling
for a cessation of all commercial whaling by the 1985/86
pelagic and 1986 coastal whaling seasons, was considered
first. It was amended by Costa Rica so as to become
effective for the 1984/85 pelagic and 1985 coastal seasons,
one year earlier than that proposed by the Seychelles, and
passed in Technical Committee by 19 to 6 with 9 abstentions.
The United States, United Kingdom, France, and Australia
withdrew their proposals in light of the passage of the
Seychelles' proposal. Consideration of the proposal in
the plenary session of the Commission meeting was postponed
until after the Technical Committee had completed action
on catch limits for each stock and other matters. The
Technical Committee's recommendation was then amended back
to the original proposal by the Seychelles so as to become
effective for the 1985/86 pelagic and 1986 coastal seasons
and was passed in plenary toward the end of the session by
25 to 7 with 5 abstentions. The text of the cessation and
votes are as follows.
Paragraph 10(e):
Notwithstanding the other provisions of paragraph 10,
catch limits for the killing for commercial purposes
of whales from all stocks for the 1986 coastal and the
1985/86 pelagic seasons and thereafter shall be zero.
This provision will be kept under review, based upon
the best scientific advice, and by 1990 at the latest
the Commission will undertake a comprehensive
assessment of the effects of this decision on whale
stocks and consider modification of this provision
and the establishment of other catch limits.
Votes (25-7-5)
Yes: Antigua-Barbuda, Argentina, Australia,
Belize, Costa Rica, Denmark, Egypt, France,
Federal Republic of Germany, India, Kenya,
Mexico, Monaco, Netherlands, New Zealand,
Oman, St. Lucia, St. Vincent, Senegal,
Seychelles, Spain, Sweden, United Kingdom,
United States, Uruquay;
No: Brazil, Iceland, Japan, Korea, Norway,
Pen, OU Smo Ren,
Abstain: Chile, Peoples Republic of China,
Philippines, South Africa, Switzerland.
= DAS
Catch limits -- After passage of the deferred cessation
in plenary session, the IWC set catch limits resulting ina
reduction from the total limit of 14,070 set at last year's
meeting to 12,371 for the upcoming 1982/83 pelagic and 1983
coastal seasons. These quotas, together with the deferred
cessation, reflect the decision of the majority of IWC
members to accommodate and attempt to ease the difficulties
anticipated by whaling nations in attempting to cease
whaling operations and provide for a transition period.
Notwithstanding these accommodations, the quotas for all
but two stocks remained the same as or were reduced from
those set at the previous meeting. The quota for North
Pacific Bryde's whales, the first of the two exceptions,
was increased by 20 based upon the recommendation of the
Scientific Committee. The decision on the quota for the
western division North Pacific sperm whale stock (the other
exception), however, was more complicated. Because of
major uncertainties and inadequacies relating to the data
and population dynamics models, the Scientific Committee
was unable to reach consensus on estimates of the initial
or current size of this stock or on its replacement yield
and effects of continued catches on the stock. As a
result, the Committee was unable to recommend a stock
classification or catch limits for the stock under the
applicable management procedures.
In previous years, such circumstances would almost
certainly have led the IWC to leave the ban on killing
sperm whales from this stock in effect. Adoption of the
cessation, however, led to a compromise which, by a vote
of 14 to 3 with 15 abstentions, set the quota for the 1982
season at 450 and the quota for the 1983 season at 400,
including a by-catch of females up to 11.5 percent of the
total for each year. The quotas were reflected in the
Schedule in a new footnote providing an exception to the
footnote prohibiting any whales to be taken from this stock.
As a result, the quotas for the 1984 and 1985 seasons will
be zero unless the Commission decides by a three-fourths
Majority vote to permit sperm whales to be killed.
Cold harpoon -- As discussed in the previous Annual
Report, the IWC voted to ban the use of the cold harpoon to
kill minke whales, the ban to become effective with the
1982/83 pelagic and the 1983 coastal seasons. Brazil,
Iceland, Japan, Norway, and the U.S.S.R. all filed
objections to this ban. At the 1982 meeting, there were
no proposals to modify the ban and the IWC adopted a
resolution calling upon those nations to withdraw their
objections and comply with it. They did not do so, and the
issue remains unresolved.
Aboriginal whaling -- As discussed in previous Annual
Reports, the IWC has reflected increasing concern over the
past several years about the status and trends of the Bering
Sea population of bowhead whales as well as some other
stocks affected by aboriginal whaling and the need to
establish management principles governing such whaling which
recognize the distinction between commercial and aboriginal
whaling and provide a basis for setting allowable catch
limits. For this purpose, the IWC established an ad hoc
Working Group at its July 1980 meeting to develop proposed
management principles and guidelines for subsistence
catches of whales by aboriginal peoples. The United States
participated in the meeting of that Working Group prior to
the IWC's July 1981 meeting and again prior to the July
1982 meeting. The IWC considered the Report of the Working
Group at its July 1982 meeting and adopted a resolution
setting forth management objectives and establishing a
standing subcommittee of the Technical Committee to consider
information and make recommendations on aboriginal
subsistence needs for consideration by the Commission.
In addition, the IWC adopted amendments to its Schedule
of regulations setting forth an aboriginal whaling
Management scheme and procedures for setting catch limits
for such whaling in 1984 and thereafter. The text of the
Schedule amendment is as follows:
Paragraph 13(a):
Notwithstanding the provisions of paragraph 10, catch
limits for aboriginal subsistence whaling to satisfy
aboriginal subsistence need for the 1984 whaling
season and each whaling season thereafter shall be
established in accordance with the following
principles:
(1) For stocks at or above the MSY level, aboriginal
subsistence catches shall be permitted so long as
total removals do not exceed 90 percent of MSY.
(2) For stocks below the MSY level but above a
certain minimum level, aboriginal subsistence
catches shall be permitted so long as they are
set at levels which will allow whale stocks to
move to the MSY level.*
(3) The above provisions will be kept under review,
based upon the best scientific advice, and by
1990 at the latest the Commission will undertake
a comprehensive assessment of the effects of
these provisions on whale stocks and consider
modification.
= DG =
Footnote to paragraph 13(a) (2):
*The Commission, on advice of the Scientific Committee,
shall establish as far as possible (a) a minimum stock
level for each stock below which whales shall not be
taken, and (b) a rate of increase towards the MSY
level for each stock. The Scientific Committee shall
advise on a minimum stock level and on a range of
rates of increase towards the MSY level under
different catch regimes.
As a result of this and associated amendments, the taking
of bowheads by Alaskan Eskimos, humpbacks, fins, and minkes
by Greenlanders, and gray whales by Soviets as well as any
other whaling for aboriginal subsistence purposes will be
allowed in 1984 and thereafter only at levels that the IWC
finds, based upon advice of both the Standing Subcommittee
on Need and the Scientific Committee, to be consistent
with these criteria.
Post-Meeting Decisions and Activities
Under the terms of the Convention, decisions reached by
the IWC at its July 1982 meeting setting quotas and
otherwise amending the Schedule of regulations governing
whaling activities did not become effective until 4 November
1982, 90 days after they were formally transmitted to the
members. Any member nation that filed an objection within
the 90-day period would not be legally obligated to comply
with any Schedule change to which it had objected. As of
4 November 1982, Japan, Norway, Peru, and U.S.S.R. had filed
objections to the cessation measure, Peru had filed an
additional objection to the quota of 165 for the Peruvian
stock of Bryde's whales, and Chile had filed an objection
to the quota of zero for the Eastern South Pacific stock
of Bryde's whales. Under the Convention, the PableiniG) Ox
those objections extended the objection period for an
additional 90 days, until 2 February 1983, and any other
member nation may join in filing objections to those
provisions of the Schedule.
As discussed in previous Annual Reports, whaling
activities pursuant to objections to the IWC Schedule may
trigger scertain Provisions }Of*two UlS<laws, --—) therPelly
Amendment to the Fishermen's Protective Act and the
Packwood-Magnuson Amendment to the Magnuson Fishery
Conservation and Management Act. Under the former, the
United States may embargo imports of fish products from
= 7. =
countries whose nationals are certified by the Secretary
of Commerce as conducting fishing operations (including
whaling) in a manner or under circumstances which diminish
the effectiveness of international conservation programs
such as that of the IWC. The Packwood-Magnuson Amendment
mandates a reduction by at least 50 percent in the
allocation of fish that may be caught within the U.S.
Fishery Conservation Zone by any nation so certified.
As in the past, the United States advised whaling nations of
the potential applicability of these laws to their whaling
activities pursuant to objections. In addition to the
potential imposition of sanctions under these laws, the
issue arose in the course of Congressional action on
10 December 1982 to approve the proposed Governing
International Fishery Agreement between the United States
and Japan, during which members of Congress noted the
potential adverse impacts of Japan's objection upon
U.S.-Japanese relations, including fisheries.
The Commission will continue to consult and cooperate
with other agencies and interested groups and individuals
during 1983 concerning these and other issues relating to
the International Whaling Commission.
Interim Convention on Conservation
of North Pacific Fur Seals
The Interim Convention on Conservation of North Pacific
Fur Seals calls for cooperative research and management
efforts by the United States, Japan, Canada, and the U.S.S.R.
to achieve ihe maximum sustainable productivity of the fur
seal resources of the North Pacific Ocean. The objective is
to maintain fur seal populations at levels which will provide
the greatest harvest year after year, with due regard to
their relation to the productivity of other marine living
resources of the area. Harvesting of fur seals at sea has
been prohibited by agreement of the parties to the Convention.
On land, an average of 32,278 fur seals have been harvested
annually in recent years -- 26,507 on the Pribilof Islands
of the United States and 5,771 on the Commander and Robben
Islands of the U.S.S.R. The Convention entered into force
in 1957 and has been extended by four Protocols. The most
recent extension was agreed to by the parties on 14 October
1980 and was ratified by the Senate on 11 June 1981.
On 10 February 1982, the National Marine Fisheries Service
circulated to the Marine Mammal Commission and others the
U.S. Draft position papers and other related documents for
the annual meeting of the North Pacific Fur Seal Commission,
=. Jig.
scheduled for 12-16 April 1982 in Ottawa, Canada. The
Commission consulted with the Service and participated in a
24 February preparatory meeting to discuss these proposed
positions. An important issue concerned an analysis of data,
being carried out by U.S. scientists in preparation for
the Annual Meeting, which indicated that entanglement of
fur seals in fishing net fragments and discarded packing
bands may be a far more significant mortality factor than
had previously been believed and may be a primary cause of
the on-going decline in the North Pacific fur seal population.
It was estimated that the annual mortality rate due to
entanglement may be as high as five percent of the population
as a whole.
This was recognized to be a serious problem and one
that warranted thorough discussion and consideration at
the April meeting of the parties to the Convention. The
Department of State, following consultation with the
Commission and the National Marine Fisheries Service, on
24 March 1982 notified the other parties to the Convention
of the United States' concern and its intention to raise
the issue of pelagic entanglement both at the meeting
of the Standing Scientific Committee and at the plenary
sessions. It asked the other party governments to be
prepared to discuss the matter and noted that the United
States considered it especially important to assess
possible effects of continued harvest, coupled with
mortality due to entanglement, on size and productivity
of the fur seal population before reaching a final
determination on 1982 harvest levels.
The Commission subsequently drafted two position
papers, one on pelagic entanglement and one on setting 1982
harvest levels, and on 1 April 1982 forwarded these to the
National Marine Fisheries Service with the recommendation
that they be adopted as the U.S. position for the Fur Seal
Commission meeting later that month. The Commission noted
that the position paper on entanglement would have to be
supplemented by completing an analysis of the U.S. legal
position prohibiting the discard of such material. Further
analyses would also be needed and determinations would need
to be made on whether the fur seal population currently is
being maintained at its maximum sustainable productivity
level; whether it is declining and, if so, by how much per
year; how continued harvest might affect population
trends; and whether the size and age/sex composition of
harvests should be modified so as to contribute to the
recovery of the population. The Commission recommended that
the Service take the necessary steps to make these
determinations and complete the required analyses in advance
of the 1982 fur seal harvest.
= Qo)=
On 12 April 1982, the National Marine Fisheries Service
responded to the Commission's recommendations, stating that
its scientists had determined it would not be possible to
conclude the work suggested in the Commission's letter
before beginning the 1982 harvest, but that such work was
expected to be concluded prior to deliberations on the
U.S. position for the 1983 meeting. Additionally, the
Service said it was the opinion of their scientists that
an end to the male-only harvest was not warranted at that
time.
On 20 May 1982, the Commission received a copy of the
report of the U.S. delegation to the 25th meeting of the
North Pacific Fur Seal Commission, which had been held
13-16 April 1982 in Ottawa, Canada. On 15 June 1982, the
U.S. Commissioner to that body responded further to the
questions raised in the Commission's 1 April letter, noting
that the National Marine Fisheries Service's National
Marine Mammal Laboratory was continuing its analysis of
the ramifications of fur seal entanglement. Some
"tentative" answers to the Commission's specific questions
were provided. The Service noted that it was difficult
to assess the maximum sustainable productivity level of
the Pribilof Islands herd because of an undetermined
carrying capacity for the fur seal's ecosystem, but that
current information seemed to indicate that the current
population level is below carrying capacity and that the
population is about one-half of the level observed during
the 1950s. The Service also estimated that the Pribilof
Islands fur seal population has decreased by approximately
seven percent annually over the past few years.
It was the Service's tentative opinion that the harvest
of sub-adult males was in no way contributing to the
observed population decline. Furthermore, since no major
changes in the harvest regime for sub-adult males has
occurred since the 1920s, in the Service's opinion there
is an implication that changes in management are not likely
to reduce the rate of decline of number of pups for those
presently harvested populations that are experiencing
declines. The management actions required to reverse these
trends are not obvious, the Service stated, and ending or
reducing the commercial harvest will not have this effect.
During 1984, the Interim Convention on Conservation of
North Pacific Fur Seals will come up for reconsideration
by the parties, who must decide whether to renegotiate the
Convention, extend it, or allow it to expire. In 1981,
in conjunction with its ratification of the Protocol
extending the Convention until 1984, the Senate adopted an
ee
understanding which specifically calls for studies to be
undertaken to determine: fur seal feeding habits, food
requirements, at-sea migration and distribution patterns;
the impact that any change in the size of the harvest
would have on the Pribilof Island residents, the fur seal
herd, and the Bering Sea ecosystem; and the impact of
possible alternative sources of employment for the residents
on those residents, the animals and the ecosystem.
The Commission will consult with the National Marine
Fisheries Service during 1983 in an effort to ensure that
the necessary determinations are made and considered
during the course of evaluating extension of the Convention
beyond 1984.
Convention on International Trade
in Endangered Species of Wild Fauna and Flora (CITES)
The United States is a party to the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora (CITES), which is designed to control trade in animal
and plant species which are or may become threatened with
extinction. The extent of trade control depends upon the
extent to which the species is endangered, as reflected by
inclusion in one of three appendices which can be modified
by agreement of the parties. Appendix I includes species
threatened with extinction that are or may be affected by
trade. Appendix II includes species that, although not
necessarily currently threatened with extinction, may
become so unless trade in them is strictly controlled, as
well as species that must be regulated so that trade in
"look-alike" species that are endangered may be brought
under effective control. Appendix III includes species that
any party identifies as being subject to regulation within
its jurisdiction for the purpose of preventing or restricting
exportation and for which the party needs the cooperation of
other parties in controlling trade.
Overall responsibility for coordinating the development
of U.S. positions and implementation of the provisions of the
Convention is vested in the Fish and Wildlife Service. As
was discussed in the Commission's Annual Report for Calendar
Year 1981, the Service consulted with the Commission and
others in preparation for the biennial meeting of the
parties to the Convention, held 25 February - 8 March 1981
in New Delhi, India. Among the proposals adopted at that
meeting was one to add all stocks of fin, sei, and sperm
whales to Appendix I of the Convention. The addition of
those stocks of whales to Appendix I became effective on
6 June 1981.
= silo
During 1982, an issue arose related to the effect of
inclusion of sperm whales on Appendix I of the Convention.
On 22 March 1982, the Convention's Executive Secretary
notified the parties of Portugal's intention to export sperm
whale oil taken in Madeira and the Azores. Portugal, which
became party to the Convention on 11 March 1981, declared
that the oil stocks were produced prior to 6 June 1981,
that is, prior to inclusion of the sperm whale on Appendix I
and that they were therefore entitled to the "pre-Convention
exemption."
Based upon a review of the information and consultation
with Fish and Wildlife Service personnel, the Commission
wrote the Service on 16 August 1982 suggesting that the
United States should express reservations about the legality
of the proposed export under the Convention, identify the
issues for consideration and resolution at the forthcoming
meeting of parties to the Convention in April 1983, and
review Portugal's sperm whaling activities in consultation
with the National Marine Fisheries Service and the
Department of State for possible certification under the
Pelly and Packwood-Magnuson Amendments. The Commission
noted that it appears that Portugal's sperm whaling
activities have exceeded the International Whaling
Commission's quotas for 1980 through 1982 and that its
continued whaling will certainly exceed the zero quota
set by the International Whaling Commission for 1983.
The Service concurred with the Commission's suggestions
and, by letter of 29 September 1982, advised the Executive
Secretary of the Convention of the United States" concerns
and took steps to ensure that the issue will be considered
at the next meeting of the parties.
The Commission will consult with the Fish and Wildlife
Service, the National Marine Fisheries Service, and others
during 1983 concerning this and other matters relating to
the Convention on International Trade in Endangered Species
of Wild Fauna and Flora.
on32 =
CHAPTER IV
MARINE MAMMAL-FISHERIES INTERACTIONS
Interaction between marine mammals and sport and
commercial fisheries is not a new problem, but is one that
appears in some cases to be intensifying. Such interactions
can take various forms -- sometimes to the detriment of the
marine mammal population involved and other times with more
apparent impact on the involved fishery. In the former
cases, marine mammals can be killed, injured, or harassed,
either inadvertently or deliberately, during fishing operations.
The best known and most controversial example of this involves
the yellowfin tuna purse seine fishery in the eastern tropical
Pacific Ocean, discussed in Chapter V.
In other instances, marine mammals take or damage fish
caught on lines or in traps and nets; they also may damage
fishing gear during these encounters or when they accidentally
become entangled. In some areas, they compete with fishermen
for the same fish and shellfish resources.
Prior to enactment of the Marine Mammal Protection Act,
regulated or unregulated hunting, bounty programs, and
various forms of harassment were employed in a number of
areas in an effort to eliminate or reduce marine mammal-
caused gear damage, fish damage, and fish loss. With the
implementation of the Act, there was a moratorium on such
taking and, as a result, over the past ten years, animals in
some areas apparently have become more numerous and/or
bolder in their interactions with fishermen and fishing
gear.
Columbia River Project
A 1977 workshop sponsored by the Commission confirmed
that there was a potentially acute problem in the Pacific
Northwest involving seals, sea lions, and the salmon gill
net fisheries in the Copper River Delta area of Alaska and
the Columbia River in Washington and Oregon. As a result of
workshop recommendations, the Commission provided funds to
rect
initiate a study of marine mammal-fisheries interactions in
the Copper River Delta/Prince William Sound area in Alaska.
This study was completed in 1978 and has been discussed in
past Annual Reports.
In 1978, the Commission also provided funds to begin
development of a plan to investigate apparent conflicts in
the Columbia River and adjacent waters. With funding provided
by the National Marine Fisheries Service early in 1980, the
Washington Department of Game, in cooperation with the
Oregon Department of Fish and Wildlife started a study of
marine mammal-fisheries interactions in the Columbia River
and adjacent waters. Partial support also was provided by
the Columbia River Estuary Data Development Program.
Following review of the project's first draft annual
report and participation in a project review meeting, the
Commission in 1981 offered to provide funds to the National
Marine Fisheries Service to support additional work on the
number, movements, and diet of harbor seals in the Columbia
River and adjacent waters. Funds were subsequently provided
to the Washington Department of Game for this work, and it
was anticipated that the project would be continued by the
National Marine Fisheries Service during 1982.
At the same time, concern Was expressed by the Commission
and others that the Columbia River Project and other ongoing
studies of marine mammal-fisheries interactions might not be
providing either comparable data or the types of information
needed to resolve the problems. This concern resulted in
the decision to hold a follow-on workshop on marine mammal-
fisheries conflicts to review and coordinate ongoing efforts
and to determine whether the maximum amount of useful information
was being obtained. The Workshop on Marine Mammal-Fisheries
Interactions was convened in October 1981 in Vancouver,
Washington, by the Washington Department of Game under
contract to the Commission.
The report of that workshop, published in’ April 1982;
noted, among other things, that: (1) while broad generalizations
about marine mammal-fisheries conflicts are not possible and
each situation must be considered individually, there is a
need for broad-based, long-term funding commitments; (2)
because of the complexity of indirect actions between marine
mammals and fisheries, there is a substantial risk of making
bad management decisions; to minimize this, marine mammals
and fisheries should be managed cooperatively in areas where
they may be competing or otherwise affecting the same fish
or shellfish resources; (3) since funding is limited, and
since direct conflicts are less complex and easier to
define, higher priority should presently be afforded to
research on direct conflicts rather than on indirect conflicts;
(4) ongoing efforts to determine and document the extent and
nature of impacts should be continued and expanded to
identify and evaluate possible methods and techniques for
mitigating these impacts on both the fisheries and the
Marine mammal populations involved; and (5) when remedial
measures are found to be necessary, first consideration
should be given to non-lethal methods.
On the basis of these recommendations, the Commission
concluded that ongoing research by the Washington Department
of Game should be augmented to expedite identification and
evaluation of possible mitigation measures. By letter of 7
June 1982, the Commission advised the National Marine
Fisheries Service of its conclusion on the need to support
additional work on mitigation measures and offered to make
Commission funds available for that purpose. The Commission
noted that it felt that present information was inadequate
to determine what methods or technologies merited such
evaluation or how the evaluation might best be accomplished.
The Commission suggested that, before a major investment was
made, it would be desirable to develop a comprehensive
program plan and to design and initiate a small-scale study
to identify the most effective and appropriate methods and
technologies for mitigating marine mammal-fisheries conflicts.
On 27 August 1982, funds were transferred to the
Service to support development of a research and studies
plan to identify the most effective methods for mitigating
marine mammal-fisheries conflicts in the Columbia River (see
Chapter II, Research and Studies Program). The work will be
carried out by researchers from the Washington Department of
Game as part of its fourth year of work under the Columbia
River Project. The plan is expected to be completed early
im VESSSR
In December 1982, the Washington Department of Game
circulated for comment its draft third-year report on
marine mammal-fisheries interactions in the Columbia River
and adjacent waters. The Commission, in consultation with
its Committee of Scientific Advisors, is reviewing the draft
document and will provide comments, as appropriate, early in
T9833"
SNES
California Coastal Program
Efforts to determine the nature and extent of marine
mammal-fisheries conflicts in California coastal waters have
been underway since 1979 as a cooperative project of the
National Marine Fisheries Service and the California Department
of Fish and Game. Preliminary results of the first two
years of the study, discussed at the Commission's 1981
workshop, indicated that two major problem areas involved
seals and sea lions interacting with salmon fisheries and
pilot whales interacting with the purse seine fishery for
squid.
The two components of the California Coastal Program --
a management component administered by the National Marine
Fisheries Service's Southwest Region Office and a research
component administered by the Southwest Fisheries Center --
were discussed at the 13 August 1982 program review which
the Commission had requested. Objectives of the research
program include, among other things, assessment and monitoring
the numbers of seals, sea lions, pilot whales, and other
marine mammals being taken incidentally in California
coastal fisheries and identification and evaluation of
possible mitigating methods and technologies. During the
program review, the Commission expressed its uncertainty as
to whether, from a management perspective, the National
Marine Fisheries Service had identified the precise types
and quality of data needed to make necessary determinations
of optimum sustainable population levels and whether ongoing
or planned research would provide this information. The
Commission suggested that the Service conduct a review, and
consult with the California Department of Fish and Game and
public interest groups to assure that programmatic needs and
priorities have been defined appropriately.
At the program review, it was noted that recent studies
of newly developing gill net fisheries, such as those for
shark, halibut, and croaker, have confirmed that several
species of marine mammals including sea otters, as well as
marine birds and other fish species, are being taken incidentally
in these fisheries. Efforts to assess the nature and extent
of this incidental take have been initiated by the California
Department of Fish and Game, and several Federal and non-
governmental agencies are considering or have underway
programs which could provide more information. In order to
assure that the maximum benefit is obtained from these
studies, the Commission in 1982 provided funds to the
California Department of Fish and Game to support efforts to
identify ways of expediting the collection of needed data on
this marine mammal-fisheries conflict (see Chapter II, Research
and Studies Program). Results of this study are expected to
be available in spring 1983.
Bering Sea Workshop
Since marine mammals and fishermen compete for some of
the same fish and shellfish, the Commission believes that
marine mammals and fisheries must be managed cooperatively
in order to obtain and maintain optimum sustainable populations
of marine mammals and optimum sustainable yields of fish
resources. This conclusion was reflected in the recommendations
of the Commission-sponsored workshop held in October 1981.
Since 1980, the Commission has been working with the
North Pacific Fishery Management Council to try to develop
an integrated ecosystem approach to the management of marine
mammals and fishery resources in the Bering Sea. As part of
this effort, the Commission and the Council have jointly
supported a project to compile and evaluate available information
on the distribution, movements, abundance, and food habits
of marine mammals in the Bering Sea. This review was carried
out by the Alaska Department of Fish and Game under a contract
administered by the Council and with Commission support. A
report on "Feeding Habits, Food Requirements, and Status of
Bering Sea Marine Mammals" was distributed to the Commission,
the North Pacific Fishery Management Council, and others on
) iNoweabil IUE)374 6
Among the report's recommendations are that a workshop
be held to consider a number of issues bearing upon interactions
among marine mammals and fisheries in the Bering Sea. The
Commission agreed that such a workshop would be useful and
has provided funds to the North Pacific Fishery Management
Council to help organize and convene the workshop. A steering
group, including representatives of the North Pacific Fishery
Management Council, the Alaska Department of Fish and Game,
the National Marine Fisheries Service, the Fish and Wildlife
Service, the Commission, and the academic community, was
subsequently organized to help plan the workshop. Ata 9
November 1982 meeting of that steering group, it was agreed
that the principal objective of the workshop will be to
identify and develop a plan for obtaining the kinds of
information needed by management agencies to properly manage
both fisheries and marine mammal populations in the eastern
Bering Sea. It is anticipated that one result of the workshop
may be recommendations to the North Pacific Fishery Management
Council for changes in the Bering Sea Fisheries Management
Plan.
CHAPTER V
INCIDENTAL TAKE OF MARINE MAMMALS IN THE COURSE
OF COMMERCIAL FISHING OPERATIONS
The Marine Mammal Protection Act directs the Secretaries
of Commerce and the Interior, in consultation with the
Commission, to develop regulations governing the incidental
taking of marine mammals by persons subject to the
jurisdiction of the United States and to develop effective
international arrangements, through the Secretary of State,
for the purpose of reducing the incidental taking of marine
Mammals to insignificant levels approaching a zero mortality
and serious injury rate.
Although the incidental taking of marine mammals occurs
in the course of several fisheries and involves several
different species of marine mammals, the "tuna-porpoise"
issue involving the incidental mortality and serious injury
of porpoises entrapped in the purse seine nets used by
commercial yellowfin tuna fishermen has, over the past
years, been the subject of the most intense concern,
attention, and controversy. Of more recent concern has been
the incidental taking of Dall's porpoise in the course of
the Japanese salmon gill net fishery in the North Pacific
Ocean, a portion of which occurs within the United States'
200-mile Fishery Conservation Zone. The Commission's
activities relating to both of these issues are discussed
below.
The Tuna-Porpoise Issue
A detailed discussion of the Commission's past activities
and a historical summary of efforts to resolve the problem
are presented in the Commission's previous Annual Reports.
During 1982, the Commission continued to devote attention to
this issue and consulted with the National Marine Fisheries
Service and others in a continuing effort to contribute to
the resolution of the tuna-porpoise issue. The pace of
progress toward that goal which had characterized recent
years, however, was slowed during 1982 as a result of
several factors discussed below.
390
The 1982 Fishing Season
The National Marine Fisheries Service issued final
regulations on 31 October 1980 establishing an annual quota
of 20,500 animals for each of the years 1981 through 1985,
and a general permit to take porpoise incidentally in
compliance with the final regulations and quotas was
issued to the American Tunaboat Association on 1 December
1980. Although analyses have not yet been completed and
a final figure is not yet available, the data available at
the end of 1982 indicate that the total estimated porpoise
mortality and serious injury for the year was 22,736. Of
these, 19,956 were taken from species or stocks for which
quotas were specifically allocated, while 110 were from
other species or stocks for which individual quotas had not
been set, 558 were unidentified animals which have yet to
be assigned to species or stock categories, and 2,112 were
eastern spinners which have been determined to be depleted
and of which only limited accidental taking is permitted.
For reference, figures for the estimated porpoise mortality
and serious injury associated with U.S. commercial yellowfin
tuna fishing vessels since passage of the Act are set forth
below.
Estimated Kill and
Year Serious Injury
UOT 2 368,600
O73 206,697
1974 LAT, Adil,
ue fe) 166,645
1976 108,740
1977 25,452
1978 19,366
1979 174938
1980 15,305
ILe)ehal 18,780
1982 2237-36
The causes of the increased mortality and serious injury
level and rate during 1982 (4.83 animals per porpoise set
and 0.40 animals per ton of yellowfin caught on porpoise in
1982 compared to 3.28 and 0.34, respectively, in 1981) have
not yet been determined. It appears that the unanticipated
increased mortality may have resulted from several high
mortality sets toward the end of the year, a shift in fishing
effort to areas where porpoise stocks are unaccustomed to
encirclement and suffer proportionately higher mortality
during attempted release procedures, and an increased
dependence by the fishing fleet upon setting on porpoise
due to the relative scarcity of school fish which can be
=) 49) =
caught without setting on porpoise. In any event, the
causes of the increased mortality warrant attention and
the Commission will consult with the National Marine
Fisheries Service, the tuna industry, and others in an
attempt to determine the causes of the mortality and take
steps to reduce it during 1983.
Litigation
Two lawsuits relating to the tuna-porpoise regulations
were pending during 1982.
On 12 December 1980, representatives of the U.S.
fishing fleet filed a lawsuit in the U.S. District Court
for the Southern District of California (American Tunaboat
Association v. Baldridge (sic)). The plaintiffs in this
case alleged that the decision of the Administrator of the
National Oceanic and Atmospheric Administration in October
1980 and the tuna-porpoise regulations were illegal because,
among other things, the recommendations of the administrative
law judge concerning mean school size, density, and range
of the porpoise stocks were not adopted and the determination
that the coastal spotted dolphin stock is depleted was
improper. The plaintiffs alleged that because the
regulations and quotas were not based upon the best
scientific evidence available, they are unlawful. On
10 March 1982, the District Court ruled that the Administrator
should have accepted the administrative law judge's
determinations and that the Administrator's rejection of
those determinations was unsupported by substantial evidence
and unlawful. The District Court granted the plaintiffs'
motion for summary judgment and directed the Government to
submit recalculations concerning the density and range of
porpoise schools,and the current status of the affected
porpoise stocks based upon the recalculated density, range,
and mean school size values. On 21 May 1982, the District
Court denied the Government's motion for reconsideration and
on 25 June 1982, the Government appealed the District
Court's decision to the U.S. Court of Appeals for the Ninth
Circuit. No action had been taken by the Court of Appeals
at the end of 1982.
The second lawsuit (Balelo v. Baldridge (sic)), filed
1 October 1980, was also brought by representatives of the
WSS = VEishingP&lect an*the UTS. "Drstrice Court for the
Southern District of California. This lawsuit challenged
the statutory and Constitutional authority for the Government's
use of information gathered by observers onboard tuna vessels
for enforcement of the quotas and other provisions of the
=" 46 =
regulations. On 27 July 1981, the District Court ruled
that, in the absence of statutory authority, such use of
observer-gathered information violated the Act and the
Fourth Amendment of the U.S. Constitution. The Court
enjoined the Government from using such information for
civil or criminal penalty proceedings, forfeiture actions,
permit or certificate sanctions, or any purpose except
scientific research. On 22 September 1981, the
Government appealed the District Court's decision to
the U.S. Court of Appeals for the Ninth Circuit and no
action had been taken by the Court of Appeals at the end
of 1982. In the interim, pending a decision on appeal,
the National Marine Fisheries Service has continued its
observer program for purposes of gathering scientific data
and monitoring porpoise mortality and serious injury but
no enforcement actions have been initiated based upon such
information gathered during 1982.
Research Planning and Coordination
As part of the continuing consultation between the
National Marine Fisheries Service and the Commission,
representatives of the Commission met with representatives
of the Service's Southwest Fisheries Center on 11-13 August
1982 to discuss the Center's plans for research relating
to the tuna-porpoise problem and other marine mammal issues.
During the review, the following general points were
noted:
(1) The primary objective of ongoing and planned
research is to provide the best possible
determinations of the status of affected porpoise
stocks by 1985 when regulations for 1986 and
beyond will be considered;
(2) Although another comprehensive aerial survey
tentatively had been scheduled for early 1983,
funding was not provided and it has been cancelled;
consequently the next status of stocks determinations
necessarily will be based primarily on data from the
aerial survey conducted in early 1979 and from
shiboard surveys conducted before, during, and
Since the 1979 aerial survey;
(3) Determinations of the status of affected
porpoise stocks are scheduled to be completed
= ae
in 1984 and, to facilitate the determinations,
the Southwest Fisheries Center has initiated
or plans to initiate a number of studies
that will contribute information on which
the stock assessment will be based. To assist in
reviewing the reports of completed studies, the
Center is planning to organize and convene three panels
of experts to review the reports and provide advice
on proper use of the findings;
(4) The Center has terminated its gear research
program and, at present, has no plans to
conduct gear or other research aimed at reducing
porpoise mortality or seeking an alternative to the
practice of setting on porpoise; and
(5) Nearly 50 percent of the tuna currently being
caught is being taken by foreign-flag vessels; the
Inter-American Tropical Tuna Commission's observer
program is providing some data from foreign fleets
(eight observed trips in both 1979 and 1980, four
in 1981, and six up to that time in 1982) but the
greatest percentage of the foreign-flag vessels
are from Mexico, which is not a participant in the
IATTC observer program. Consequently, there is an
inadequate basis for reliably estimating the species'
composition or numbers of porpoise being killed or
injured by foreign-flag purse seiners.
Porpoises may avoid research and fishing vessels and,
as a result, go undetected in the course of shipboard census
efforts. Such avoidance could result in underestimation of
population size. This possibility had been raised as an
issue during hearings held in 1979 and, to assure that
related questions can be addressed during forthcoming
hearings, the Commission recommended, by letter of
8 September 1982, that the Service conduct school avoidance
studies in February and March 1983. The Service concurred
with the Commission's recommendation and, by letter of
30 September 1982, advised the Commission that it was
considering a number of ways whereby funding and other
uncertainties could be resolved. Subsequently, the Center
consulted with the Commission concerning the terms of
reference, membership, and scheduling for the panels being
constituted to help prepare for the 1984 status of stocks
review.
The Dall's Porpoise Issue
Dall's porpoise (Phocoenoides dalli) become entangled
and die in the gill nets used by Japanese salmon fishermen
in the North Pacific Ocean. As a result of the renegotiation
of the International Convention for the High Seas Fisheries
of the North Pacific and amendments to the U.S. North
Pacific Fisheries Act implementing that Convention,
the Japanese are permitted to fish for salmon both within
and outside the U.S. 200-mile Fishery Conservation Zone.
This fishing is subject, among other things, to the
provisions of a Memorandum of Understanding between the
United States and Japan concerning coordinated research
efforts and, beginning 10 June 1981, to compliance with the
permit and other requirements of the Marine Mammal
Protection Act with respect to incidental taking of Dall's
porpoise and other marine mammals within the fishery zone.
As discussed in the Commission's previous Annual Reports,
on 15 May 1981 the National Marine Fisheries Service
published final regulations and issued a permit to Japanese
fishermen allowing them to incidentally take up to 5,500
Dall's porpoise, 450 northern fur seals, and 25 northern
sea lions each year during the 1981 through 1983 fishing
seasons. The permit required the Japanese fishermen to
accept U.S. Government observers onboard their fishing
vessels and to assist as requested in meeting the objectives
of the research program agreed to by the Governments of the
United States and Japan.
Litigation
On 6 July 1981, Friends of Animals filed suit against
the Government in the United States District Court for the
District of Columbia (Friends of Animals v. Baldridge) (sic)
challenging the regulations and permit which had been issued
on 15 May 1981. The plaintiffs alleged that the Government,
among other things, violated the requirements of the Marine
Mammal Protection Act that incidental take be reduced to
insignificant levels approaching a zero mortality and
serious injury rate and that the regulations be based upon
the best scientific evidence available so as to ensure that
the taking would not be to the disadvantage of the affected
populations. On 18 May 1982, the District Court issued a
memorandum opinion and order noting that although it was
concerned about the lack of empirical data underlying some
aspects of the regulations and permit and would not have
reached the same results as the agency did, the decision
was supported by substantial evidence and the court cannot
substitute its judgment for that of the agency. The court
granted the Government's motion for summary judgment and
dismissed the lawsuit.
= Ag) =
Research Activities
During 1982, the Commission corresponded with the
National Marine Fisheries Service in an effort to contribute
to the development of an effective research and development
program to resolve uncertainties relating to the status and
trends of Dall's porpoise and to reduce the incidental take
rate.
On 4 March 1982, the Commission wrote to the Service
setting forth questions, comments, and recommendations
relating to research plans and preparations for the
forthcoming discussions with the Japanese. In summary, the
Commission requested a copy of the proposed research plan
for review and comment; recommended increased observer
coverage of Japanese fishing operations; requested
information on the Service's budget and the responsibility
of the Japanese to conduct and/or fund those activities;
recommended clarification of the relationship between the
permit and Memorandum of Understanding; and recommended
that a negotiating position be prepared for review and
comment in preparation for the discussions with the Japanese.
The Service responded to the Commission by letters of
10 March and 13 April 1982 indicating, among other things,
that it believed the current level of observer coverage
provided sufficiently reliable estimates of incidental take
and enclosing a proposed research plan for 1982. The major
portion of this plan described proposed research on
reproductive rates to be conducted in 1982 utilizing the
dedicated vessel provided by the Japanese in accordance with
the provisions of the Memorandum. With respect to the
negotiating position for discussions with the Japanese, the
Service indicated that the results of the meeting of U.S.
and Japanese scientists would be provided to each government
and, once both governments were in full agreement on the
1982 research program, then an exchange of letters and an
agreement consistent with the Memorandum would occur. With
the exception of the review of the permit application to
conduct reproductive studies, discussed below, the Commission
was not consulted further on the results of the meeting of
scientists or the United States' position.
On 17 February 1982, the Commission received from the
Service an application for a scientific research permit by
the Service's Northwest and Alaska Fisheries Center to kill
by harpooning up to 960 Dall's porpoise over a five-year
period. The proposed research was designed to resolve
questions about the reproductive rate of Dall's porpoise
and was to be conducted utilizing a dedicated research
iy: ae
vessel provided by the Japanese. After reviewing the
application, the Commission transmitted its comments to
the Service by letter of 22 March 1982, recommending that
the application be approved provided that certain steps
be taken to ensure that the method of taking is humane
and that a control sample be collected and analyzed so as
to develop a correction factor to treat bias in the
sample before additional animals are collected. In
addition to these conditions, the Commission requested
information about the research design and rationale of
the proposed activities in the context of the overall
U.S.-Japan cooperative research program on Dall's porpoise.
The Service issued the permit on 13 May 1982 and responded
to the Commission by letters of 13 and 17 May 1982.
In August 1982, in response to expressions of opposition
and concern from several quarters, the Service cancelled
the research activities which were about to commence. No
alternative research plan had been developed for use of
the Japanese dedicated vessel and it therefore was not
utilized during 1982.
The 1982 Fishing Season
Preliminary analyses of data obtained by U.S. observers
aboard Japanese salmon fishing vessels indicate that 4,187
Dall's porpoise were incidentally taken within the U.S.
Fisheries Conservation Zone and a total of 5,903 were
taken within and outside the Zone by the Japanese
mothership fishery in 1982. The kill per set rate was
0.63 in 1982. While the 4,187 figure is below the 5,500
quota, the incidental take levels and rate have increased
substantially from an estimated 2,039 within the Zone,
2,892 within and outside the Zone, and 0.32 porpoise per
Sec, any 981i:
Congressional Action
In apparent recognition of the difficulties associated
with efforts to resolve the Dall's porpoise problem, the
Congress included provisions relating to Dall's porpoise
in H.R. 3942, the Fisheries Amendments of 1982. The House
of Representatives and the Senate passed the bill on
10 December 1982 and the President signed the enrolled bill
into law on 29 December 1982. Section 201 of the Fisheries
Amendments of 1982 amends the North Pacific Fisheries Act by
adding certain provisions specifically dealing with the
Dall's porpoise problem. The amendments require, among other
things, that all Japanese fishing vessel adopt over the
= 45 =
next four years new fishing gear and techniques to reduce
incidental taking of porpoise. They also call for the
Service to develop detailed annual action plans relating
to monitoring, research and development, and other necessary
actions, and they extend the duration of the permit
issued to Japanese fishermen until 9 June 1987.
CHAPTER VI
SPECIES OF SPECIAL CONCERN
The Commission reviews the status of marine mammal
populations and makes recommendations for appropriate actions
and designations under the Marine Mammal Protection Act and
the Endangered Species Act. During 1982, the Commission
continued to direct its efforts toward the several species
of marine mammals designated as "endangered" or "threatened,"
including the West Indian manatee, the Hawaiian monk seal,
the California sea otter, the bowhead whale, the humpback
whale, and the right whale. Attention was also focused on
bottlenose dolphin populations in the southeastern United
States because of concern that Outer Continental Shelf oil
and gas activities and continued, long-term taking could be
placing unacceptable stress on certain populations and
subpopulations.
West Indian Manatee (Trichechus manatus)
The West Indian manatee is one of the most endangered
species of marine mammals found in the coastal waters of the
United States. The largest concentrations are found
in Florida.
The Florida manatee population is generally estimated
to be somewhat above 1,000 animals, but there is reason to
believe it may be declining. A high level of manatee
mortality in the past few years, including a record high
number of deaths in 1982, heightens concern for the species.
Based on recovered carcasses, the levels of mortality for
the past six years have been: 99 animals in 1977; 79 animals
in 1978; 73 animals in 1979; 63 animals in 1980; 113 animals
in 1981; and 117 animals in 1982.
Many of the deaths recorded in the past two years are
related to unusual phenomena. In 1981, as had been the
case in 1977, an extended period of cold winter weather
contributed to the high mortality rate. In 1982, the
deaths of the 37 animals which died during February and
March in the vicinity of Fort Myers were tentatively
linked to an occurrence of red tide.
aaa te
Human-related factors which further jeopardize the
species' chance for survival in the southeastern United
States include: accidental death or serious injury resulting
from collisions with hulls or propellers of boats and barges;
entrapment in water level control gates and navigation
locks; entanglement in. fishing gear; poaching; vandalism;
and loss of habitat due to coastal development.
Despite the magnitude of problems facing the Florida
population of manatees, there was reason to be encouraged in
1982. The strong cooperative efforts among Federal and
state agencies, particularly the Fish and Wildlife Service
and the Florida Department of Natural Resources, as well as
the Army Corps of Engineers, the Florida Game and Freshwater
Fish Commission, other agencies, and private groups continued
to increase and improve. Within the State, there were
intensified enforcement efforts, further protection of areas
of special biological significance, and continuing public
information and education programs. Of particular note
in the information and education area has been the work
of the Florida Power and Light Company, the Florida Audubon
Society, the Department of Natural Resources, and The Nature
Conservancy.
Among the accomplishments of 1982 was the completion of
installation of a network of signs to alert boaters to the
presence of manatees and prescribe speed limits. This
project, a cooperative effort resulting from discussions
among the Commission, the Florida Department of Natural
Resources, and the Army Corps of Engineers, was first
agreed to in 1980 and initiated late in 1981 with additional
help from the Coast Guard. The beneficial effects have
been Significant, particularly insofar as the increased
enforcement efforts have been well publicized and have led
to greater public awareness and support for manatee protection.
Another encouraging sign was the State of Florida's
establishment of five new State manatee sanctuaries at
Turkey Creek, Loxahatchee, Port of the Islands, Venice, and
the Withlacoochee River, which took effect on 1 July 1982.
The State also announced its intention to revise its manatee
sanctuary rules to bring them into conformance with Federal
regulations under the Endangered Species Act. On 9
December 1982, the State's Environmental Regulation Commission
voted unanimously to include the Crystal River as an "Outstanding
Florida Water," thus providing an opportunity for further
protection of this important winter habitat for manatees.
Additional protection for the Crystal River area was
provided by the acquisition of 14 islands in King's Bay by
the Florida Chapter of The Nature Conservancy. The December
1981 announcement of the Conservancy's intention to purchase
the islands was followed by a $425,000 fund-raising campaign
initiated in February 1982. Without such action, existing
zoning and permitting standards would have allowed for the
construction of more than 50 single-family homes on the 14
islands, with a resulting adverse impact on the manatee
habitat. Prevention of such development in the Crystal
River area has been a priority goal of Florida conservationists
for a number of years. Acquisition was completed in December
OS 2i.
Further encouragement was provided in 1982 by the
increasingly effective role played by the Florida Department
of Natural Resources' Manatee Technical Advisory Council.
The Council, established in 1980 with the assistance of the
Marine Mammal Commission, proved in 1982 to be an effective
forum for the definition of problems and the coordination of
State, Federal, and private activities to address them. Its
periodic meetings provided an opportunity for State and
Federal officials, scientists, enforcement personnel, conser-
vationists, and interested members of the public to work
together on the many issues affecting manatees.
The Commission's substantial efforts over the past
years to encourage the protection and recovery of the West
Indian manatee are discussed in detail in past Annual Reports.
Among the many projects partially supported by the Commission
was the Fish and Wildlife Service's initial effort to develop
a comprehensive research and management plan for the manatee
population of the Crystal River area. In October and November
1981, portions of a draft plan were submitted to the Commission
for review and, on 12 November 1981, the Commission commented
to the Service that the plan needed further work, particularly
with regard to format and organization, and enclosed a
suggested outline for a revised plan.
On 26 April 1982, the Commission received a copy of the
report submitted to the Fish and Wildlife Service in which
the research and management plan for the Crystal River
population of manatees was set forth. By letter of 6 May
1982, the Commission advised the Service that it had
reviewed the report and concluded, among other things, that:
= Aon
while it represented an improvement over previous versions,
it still did not provide an adequate basis for developing a
comprehensive research and management plan; it did not
represent a useful prototype for developing other site-
specific research and management plans; the recommended
research and management actions were incomplete and not
sufficiently detailed; and, in Many cases, recommended
actions were not clearly justified. The Commission referred
the Service to its earlier comments and recommendations on
development of the plan.
Subsequently, the Fish and Wildlife Service closed the
the contract after consultation with the Commission, and
decided to develop a research and management plan through
its Cooperative Research Unit at the University of Florida
in Gainesville. The Commission worked closely with the
Service on the project, and will continue to do so. The
Service established a project Steering Committee which met
on 21 October 1982 to review the draft of a revised plan
outline with respect to the types and organization of information,
both biological and legal, that needed to be incorporated.
A final outline was agreed upon and the principal investigator
immediately undertook negotiations to contract for the
necessary legal advice. It appears that the Service is well
on its way to completing a useful research and management
plan for the Crystal River area in 1983.
As mentioned earlier, a number of deaths in 1982
appeared to be attributable to red tide. In February,
substantial numbers of manatees began dying of unknown
causes in the Fort Myers area on the west coast of Florida.
The die-off continued for several weeks until, by 16 April
1982, 41 manatee deaths had been confirmed in the area and
39 carcasses had been recovered. Of these 39, two appeared
to have died as a result of collisions with boats, but for
the remainder a variety of causes, including red tide,
botulism, and bacterial meningeal encephalitis, were under
investigation.
While the die-off was occurring, it became apparent
that facilities in the Fort Myers area for performing
autopsies and histopathological work-yyps were inadequate.
However, since the necessary facilities were available at
the University of Miami, the Commission made funds immediately
available to transport the carcasses to Miami for examination.
The Commission also made known to the Fish and Wildlife
Service its willingness to support additional veterinary
services should the Service wish it to do so.
=— Ss
Additional assistance from the Commission was not
needed, however, because of the extremely thorough and
comprehensive series of investigations initiated by the
staff of the Fish and Wildlife Service's Sirenia Project in
Gainesville. Under their direction, investigators and
laboratories in a number of states were called upon to
examine a wide variety of organs, tissue samples, blood, and
stomach contents. Although an absolutely certain diagnosis
of the cause of mortality could not be determined, the
preponderance of evidence suggested that the cause was
poisoning from ingestion of tunicates, small, sessile marine
chordates, which concentrate red tide toxins and produce a
toxin of their own. Tunicates were found in a large number
of the manatee stomachs.
In 1981, the National Oceanic and Atmospheric Administration's
Sanctuary Programs Office contracted with Chelsea International
Corporation to identify coastal and offshore areas that
would qualify, from a scientific standpoint, as national
marine sanctuaries under the Marine Protection, Research,
and Sanctuaries Act of 1972. On 14 June 1982, the Commission
was asked to comment on seven sites in the Gulf of Mexico.
One site, the Big Bend Seagrass Beds off the northwest coast
of Florida, includes a portion of the critical migratory
corridor connecting summer and winter habitats for the
Crystal River manatee population as well as important manatee
feeding areas.
After consultations with its Committee of Scientific
Advisors, the Commission commented on the Big Bend Seagrass
Beds site on 29 July, noting, among other points, during
the summer months, after manatees leave winter refuges at
Crystal River and Homosassa Springs, they disperse along the
northwest coast of Florida particularly between the
Chassahowitzka and Steinhatchee Rivers; the nearshore seagrass
beds along this stretch of coast provide migratory, feeding,
and resting areas for manatees in summer months while sheltered
creeks and bayous are used as calving areas; protection of
these summer habitats is essential for maintaining and
continuing recent growth of the northwest Florida manatee
population; and because of intensive manatee research and
management efforts conducted along the northwest coast of
Florida by the Fish and Wildlife Service, the State of
Florida, and others over the past 15 years, the establishment
of the sanctuary offers a unique opportunity to complement
future State and Federal research and management activities.
In view of these comments, the Commission recommended that
future deliberations on designating the site as a national
Marine sanctuary consider potential contributions to manatee-
related research and management objectives and that the
proposed boundaries of the site be extended southward along
the coast to the Chassahowitzka National Wildlife Refuge
and, insofar as possible, up the rivers used by manatees so
as to include most of the summer/migratory habitat used by
the northwest Florida manatee population.
Another important and as yet unresolved question
involving habitat protection centered on efforts by the
Coast Guard to relocate its Lake Worth Station in Florida
from Peanut Island to a site at 59th Street in West Palm
Beach. On 11 May 1981, the Commission wrote the Commandant
of the U.S. Coast Guard to advise the agency that the
Commission had recently learned that the Coast Guard might
be considering establishing a station near the Riviera Beach
power plant. The Commission pointed out that the area is
heavily used by manatees and that its use as a staging area
for Coast Guard search and rescue craft would pose a serious
threat to the species' well-being. Since collisions with
boat hulls and propellers have been a major cause of manatee
mortality in the past, the Commission expressed its hope
that the Coast Guard would base its craft elsewhere so as to
minimize such threats.
By letter of 1 March 1982, the Seventh Coast Guard
District wrote to the Commission indicating that it was
continuing its analysis of the proposed development and use
of the 59th Street site and that it was requesting information
on possible environmental impacts and relationships with
Commission plans, programs, and policies. On 29 March 1982,
the Commission, in consultation with its Committee of
Scientific Advisors, responded to the Coast Guard's request
by noting that: the manatee is among the most endangered
marine mammals in U.S. coastal waters; approximately 10
percent of the total southeastern U.S. manatee population
congregate in the waters adjacent to the Riviera Beach power
plant during cold winter periods; the waters around the
power plant and the 59th Street site are included within the
area that has been designated as critical habitat for manatees
under the Endangered Species Act and are also afforded
special protection under the Florida Manatee Sanctuary Act
through annual regulation of boat traffic between 15 November
and 15 March; collisions with boat hulls and propellers are
the major cause of human-caused manatee mortality in Florida;
and, among other possible direct and indirect effects, high-
speed boat operations, such as those necessary for Coast
Guard search and rescue operations, are likely to result in
serious injury and mortality to some manatees if the 59th
Street site is used as a base for Coast Guard operations.
Based on these and other considerations, the Commission
formally recommended that the Coast Guard not move its
Peanut Island Station to the 59th Street site in West Palm
Beach.
On 2 April 1982, the Commission learned that the Coast
Guard had relocated a 95-foot cutter to the 59th Street
site and intended to keep it there until 31 October 1982.
On 20 May 1982, representatives of the Commission met with
representatives of the Coast Guard and the Fish and Wildlife
Service to discuss the proposed relocation and its possible
effect on manatees. The Commission pointed out: that Coast
Guard actions taken with respect to construction of the
facility appeared to have been in violation of the Endangered
Species Act; that the Coast Guard, having requested comments
and set a comment period, moved its cutter before the
comment period ended; and that there was need to examine
other alternatives. Subsequently, the Coast Guard made
known to the Fish and Wildlife Service its intent to discontinue
use of the 59th Street pier pending the results of the Fish
and Wildlife Service's Section 7 consultation under the
Endangered Species Act.
By letter of 29 December 1982, the Fish and Wildlife
Service forwarded its Biological Opinion to the Coast Guard.
Consistent with the comments and recommendations put forth
by the Commission in its 29 March 1982 letter, the Fish and
Wildlife Service concluded that the proposed relocation of
the Coast Guard station to the 59th Street site would be
likely to jeopardize the continued existence of the manatee
and that reasonable and prudent alternatives to the proposed
59th Street location would be: (1) to renovate and maintain
the existing station on Peanut Island; or (2) to select a
new site away from the Riviera Beach power plant so as to
eliminate the need for vessel traffic through the area of
high manatee concentrations.
In early 1983, the Commission resumed discussions
with the Coast Guard to resolve this potentially serious
problem, and was pleased to learn of the Coast Guard's
intention to vigorously pursue alternative sites for the
relocation of the Peanut Island facility. The Commission
will assist the Coast Guard in any way that it can in this
effort.
Hawaiian Monk Seal (Monachus schauinslandi)
The Hawaiian monk seal inhabits a limited area on and
around the Leeward Hawaiian Islands and is in grave danger of
extinction. It is one of three members of the genus
Monachus and may be the only member of the genus with a
Chance of surviving the 20th century. Of its congeners,
the Caribbean species (Monachus tropicalis) appears to be
extinct and the Mediterranean species (Monachus monachus) is
declining rapidly.
Responsibility for protection and conservation of the
Hawaiian monk seal is delegated to the National Marine
Fisheries Service under the Marine Mammal Protection Act and
the Endangered Species Act. Because the species' range
includes the Hawaiian Islands National Wildlife Refuge, the
Fish and Wildlife Service shares responsibility for protecting
the monk seal and its habitat.
The extent of the Commission's efforts over the past
years to enhance the protection and encourage the recovery
of the Hawaiian monk seal are set forth in detail in
previous Annual Reports. Among the actions taken were
recommendations to the National Marine Fisheries Service
that it constitute a Hawaiian Monk Seal Recovery Team and
designate critical habitat for the species. The Commission
has also provided support for a number of population studies
and in Fiscal Year 1981 received a special $100,000
appropriation to aid in development of an effective research
and management plan.
During 1981, the Commission worked closely with the
National Marine Fisheries Service in an effort to facilitate
development of a Hawaiian monk seal recovery plan. Congress,
recognizing the precarious state of the Hawaiian monk seal,
directed the National Marine Fisheries Service to expend
$400,000 on monk seal work during Fiscal Year 1982, and
the Commission consulted with the Service on the most
appropriate use of these funds.
On 17 November 1981, the Commission received the
draft recovery plan for the Hawaiian monk seal from the
National Marine Fisheries Service. On 14 January 1982,
the Commission, in consultation with its Committee of
Scientific Advisors, provided detailed comments on the
draft plan. The Commission noted, among other things,
that although the draft provided a relatively complete
list of actions needed to protect and encourage recovery
of the Hawaiian monk seal, it was deficient in a number
of ways. It did not, for example, constitute a plan of
= Soc
action in that it failed to adequately describe and
provide rationales for the tasks included in the outline;
it did not set forth a schedule for activities; it did
not indicate how much money would be needed to complete
each task; and it did not indicate which agencies or
organizations should be responsible for conducting or
supporting the various tasks. Furthermore, the plan
provided no indication of when and how an operational work
plan would be developed.
The Commission recommended to the Service that it ask
the Recovery Team to set priorities and to provide estimates
of the time, personnel, logistic support, and funding which
would be required to complete each of the tasks identified
in the draft outline. The Commission also asked to review
and comment on the completed recovery plan before it was
submitted for approval and implementation.
On 27 June through 1 July 1982, the Commission's
Scientific Program Director met in Hawaii with representatives
of the National Marine Fisheries Service, the Fish and
Wildlife Service, the Coast Guard, the State of Hawaii, and
others to discuss issues concerning the conservation and
protection of the Hawaiian monk seal and other marine
mammals in Hawaiian waters. It was apparent from those
discussions that the Congressional directive to the National
Marine Fisheries Service to invest $400,000 in monk seal
research and management activities in FY 1982 had had
positive effects. Not only had several critically needed
research and management programs been either started or
expanded, but there also was heightened awareness of and
desire to address monk seal problems within the National
Marine Fisheries Service, the Fish and Wildlife Service,
the Coast Guard, involved State agencies, and the academic
community.
At the request of the Commission, the National Marine
Fisheries Service held a meeting on 11 August 1982 to
review actions already taken or being planned to protect
and encourage recovery of the Hawaiian monk seal.
Information presented during the review indicated, among
other things, that: the Service's captive pup rearing
program on Kure Atoll is improving pup survival and
should be continued; the pilot radio-tagging and
dive-profile studies being conducted at Lisianski Island
show promising results and should be expanded to include
females and juvenile animals as well as adult male monk
seals; mortality and injury caused by entanglement in
lost or discarded fishing gear and aberrant behavior
a ale
resulting from an unbalanced sex ratio on some islands are
of concern and warrant further investigation; and the
ongoing monk seal studies at French Frigate Shoals should
be continued inasmuch as they are providing information
needed to develop economical assessment and monitoring
procedures as well as basic biological and ecological data.
Participants at the program review noted that funds
available to the National Marine Fisheries Service for monk
seal work in FY 1983 were totally inadequate to meet even
the basic program needs identified by the Hawaiian Monk
Seal Recovery Team. In hopes, however, that Congress might
see fit to strengthen research and management activities
through an increased appropriation, the Commission, in
consultation with the National Marine Fisheries Service,
developed a summary of necessary research tasks, listed in
order of priority. Fortunately, Appropriations Committees
in both the Senate and the House of Representatives agreed
on the need for substantially increased funding and, late
in December, an additional $150,000 was made available to
the Commission for monk seal research and management
activities.
In January and early in February 1983, the Commission
will continue its consultations with its Committee of
Scientific Advisors, the National Marine Fisheries Service,
the Fish and Wildlife Service, and the State of Hawaii to
reach agreement on the best possible uses of all available
monies. Following agreement, the Commission will invest
the $150,000 in clearly described activities to be undertaken
within the context of the overall research program. This
will be done by an interagency transfer of funds in February
1983 to the National Marine Fisheries Service.
On 28 December 1982, the Commission received the Agency
Review Draft of the Hawaiian Monk Seal Recovery Plan
prepared by the Monk Seal Recovery Team under the aegis of
the National Marine Fisheries Service. The plan will be
reviewed by the Commission in consultation with its
Committee of Scientific Advisors in January 1983 and
comments provided to the Service shortly thereafter.
Southern Sea Otter (Enhydra lutris)
The small remnant population of sea otters in California
could be reduced substantially by oil spills or other
catastrophic events and, for this reason, was designated
"threatened" under the Endangered Species Act in January
1977. The possibility of the population being endangered by
an oil spill or other catastrophic event could be reduced by
establishing one or more sea otter colonies outside the
population's present range. Such an action could adversely
affect certain commercial and recreational fisheries, however,
since sea otters eat abalone and other shellfish of commercial
or recreational value.
To facilitate protection and restoration of the California
sea otter population, while minimizing possible adverse
effects on commercial and recreational shellfish fisheries,
the Commission, in December 1980, recommended that the Fish
and Wildlife Service, the responsible management agency,
adopt and implement a management strategy recognizing the
ultimate need for "zonal" management of sea otters and the
need to establish at least one additional group of sea
otters at a site not likely to be affected by an oil spill
occurring in or near the population's present range. The
Commission also repeated an August 1979 recommendation that
the Fish and Wildlife Service compile and map biological,
ecological, and socio-economic information bearing on the
selection of possible translocation sites.
The Fish and Wildlife Service concurred with the
Commission's recommendation concerning zonal management and
the concept is reflected in the Southern Sea Otter Recovery
Plan adopted by the Service in February 1982. The Service
also concurred with the Commission's recommendation concerning
the need to compile and map information bearing upon the
selection of possible translocation sites and, as noted in
the Commission's previous Annual Report, contracted with a
private consultant in September 1981 to do the work.
The Service constituted a Technical Review Team, including
representatives of the Commission, the Minerals Management
Service, the California Department of Fish and Game, and
several other agencies and organizations to help overview
conduct of the mapping project. The review team met on 21
May and 29 October 1982. Following the May review, the
Commission determined that a number of questions concerning
the availability, reliability, and interpretation of certain
data could best be resolved by on-site examination of those
areas which the contractor tentatively had identified as
potential translocation sites. Subsequently, the Commission
transferred funds to the Fish and Wildlife Service so that
the principal investigators could visit each of the four
areas tentatively identified as potential translocation
sites.
The site visits were carried out late in October and
early in November 1982, The final project report is expected
to be completed early in 1983 and the Fish and Wildlife
Service, in consultation with the Commission, the California
Department of Fish and Game and other interested parties,
presently is planning a meeting in March 1983 to review the
results of the mapping project and to determine how best to
proceed.
Regulating Distribution and Movements
Zonal management would require designation of "otter"
and "otter-free" zones, and would be feasible only if there
are acceptable and effective methods for limiting the
movement of otters into and out of these predetermined
areas. To help assess the likely feasibility of zonal
Management, the Commission, late in 1981, contracted for a
study to identify and evaluate possible methods for influencing
the distribution and movements of sea otters.
The project report, published in September 1982,
identifies and discusses nine techniques that might be
useful for regulating sea otter movements and distribution.
The report concludes that no single technique likely will be
effective in all situations and that a combination of techniques
may be required to be effective. The report further concludes
that it may well be impossible to completely prevent otters
from leaving designated areas, but that undesired movement
might be limited by: selecting boundaries that coincide
with natural barriers; augmenting barriers with negative
conditioning; capturing and relocating otters that stray
into non-otter zones; or manipulating the demographic
parameters of established colonies.
The report notes that additional research would be
necessary to: (1) identify and assess habitat breaks that
might be used as boundaries; (2) develop more efficient
methods and equipment for herding and capturing otters; (3)
determine how density, age, sex, reproductive condition,
time of year, availability of prey, and other variables
affect sea otter movements; and (4) assess the possible use
of acoustic or other stimuli to cause otters to leave or
avoid selected areas.
=P5¢0=
Five-Year Status Review
The Endangered Species Act, as amended, requires that
the Fish and Wildlife Service review the status of all
species designated as either "threatened" or "endangered" at
least once every five years. In partial fulfillment of this
responsibility, the Service, on 27 September 1982, published
a Federal Register notice requesting information on the
status of the southern sea otter population and a number of
other listed species.
To provide a better basis for assessing population
status, the Fish and Wildlife Service and the California
Department of Fish and Game jointly conducted a population
count in November 1982. During the count, 1,194 independent
otters and 144 dependent pups were seen along the coast of
California between Point Concepcion and Point Ano Nuevo.
During a comparable count in 1976, 1,357 independent otters
and 85 pups were seen. The differences between the 1976 and
1982 counts indicate that the population has not grown, and
may have declined since 1976.
From 1976 through 1982, the number of dead otters found
on California beaches averaged about 100 per year. This is
approximately seven percent of the aforementioned population
counts, and is only part of the actual annual mortality.
Thus, it seems likely that annual mortality has been close to
or greater than gross annual recruitment since 1976 or before.
Recent studies indicate that sea otters, several other
species of marine mammals, several species of marine birds,
and non-target fish species are being taken incidentally in
gill net fisheries in Monterey Bay and other coastal areas
of California. This take may be responsible, at least in
part, for the lack of growth and possible population decline.
The California Department of Fish and Game is developing a
program to document the nature and extent of this incidental
take, and the Commission, as noted in Chapter II, has provided
funds to augment the ongoing studies and to determine how
programs being conducted, supported, or planned by other
agencies and organizations might be used to facilitate data
collection.
The Commission, in consultation with its Committee of
Scientific Advisors, currently is reviewing available
information concerning the distribution, size, and productivity
of the southern sea otter population, and the nature and
extent of incidental taking and possible threats from oil
spills or other catastrophic events. The results of this
review will be conveyed to the Fish and Wildlife Service
early in 1983.
Bowhead Whale (Balaena mysticetus)
Over-exploitation by commercial whalers reduced the
bowhead whale to extremely low levels throughout its range.
It has been totally protected from commercial whaling for
more than 40 years, and it is listed as both "endangered"
under the Endangered Species Act and "depleted" under the
Marine Mammal Protection Act.
Although commercial exploitation of the Bering Sea
population of bowheads did not begin until the mid-19th
century, they have been hunted for subsistence purposes by
Eskimos for centuries. Reported increases in the number of
bowhead whales landed, killed but lost, and struck but lost
by Alaskan Eskimos during the mid-1970s, however, led to
increasing concern about the adverse impact of unregulated
Eskimo hunting on the endangered bowhead population. This
concern led to a decision by the International Whaling
Commission (IWC) in June 1977 to ban the taking of bowhead
whales for subsistence by all its member nations' people,
including Alaskan Eskimos. Subsequently, in December 1977
and thereafter, the IWC modified the total ban in
recognition of the subsistence and cultural dependence of
Alaskan Eskimos upon bowheads, and established limited
quotas for subsistence hunting during 1978, 1979, and 1980.
At its July 1980 meeting, the IWC adopted a "block
quota" for the years 1981 through 1983 of 45 bowhead whales
landed or 65 struck, whichever comes first, provided that
not more than 17 whales could be landed during any one of
those three years. Detailed discussions of the Commission's
activities in previous years and a historical summary of
the bowhead whale issue are presented in the Commission's
Annual Reports for Calendar Years 1977-1981.
Cooperative Agreement
As discussed in the Commission's previous Annual Report,
the National Oceanic and Atmospheric Administration on
behalf of the Government and the Alaska Eskimo Whaling
Commission (AEWC) on behalf of Eskimo whalers, signed a
Cooperative Agreement on 26 March 1981 in order to provide
Eskimo whalers with substantial opportunity and
responsibility for regulation, monitoring, and enforcement
of the bowhead whale hunt. The Agreement recognizes that
the National Oceanic and Atmospheric Administration has
the primary responsibility for bowhead whale management and
provides a mechanism for the Alaska Eskimo Whaling
Commission to assume responsibility for important aspects
of whaling management under its Management Plan. Under the
Agreement, which extends through 31 December 1987, the
530 <
strike limit was set at 32 for 1981 and at 19 for 1982.
The Agreement and associated Management Plan also set
forth required whaling techniques, require the best efforts
of whalers to strike only those whales that are less than
12 meters long and presumed to be sexually immature, and
provide for assessment of civil penalties for violations
of the strike or landed limit. The Alaska Eskimo Whaling
Commission assumes the responsibility for determining the
allocation of strikes among the whaling villages under the
terms of the Agreement and for providing daily oral reports
during the hunt concerning the number of strikes and
landings and a detailed written report within 30 days
after conclusion of the hunt.
Eskimo Whaling During 1982
The Alaska Eskimo Whaling Commission allocated the total
of 19 strikes among the whaling villages and monitored and
reported on whaling activities during 1982 in compliance
with the Cooperative Agreement. At the end of the spring
hunt, six whales had been landed and ten more struck but
lost for a total of 16 strikes. During the fall hunt, one
whale was landed and two were struck but lost, resulting in
a total for the year of 19 strikes, of which eight were
landed and 11 lost. The Eskimo whalers ceased whaling after
the 19th whale was struck but lost. The 1982 hunt, like
that in 1981, complied with the limits established by the
International Whaling Commission's three-year quota and the
Cooperative Agreement. A total of 18 strikes remain
available under the IWC's three-year quota for use in 1983.
Consideration by the International
Whaling Commission During 1982
In addition to adopting a resolution and a Schedule
amendment establishing an aboriginal whaling scheme (discussed
in Chapter III of this Report), members of the IWC also
considered at their July 1982 meeting the report by the
United States relating to the Eskimo bowhead hunts and the
report of the Scientific Committee relating to the status
and trends of the affected population. Reports on the 1981
hunts indicated that 17 bowhead whales had been landed and
11 others had been struck and lost. The Scientific
Committee considered the results of U.S. research during the
preceding year and concluded that previous estimates should
be corrected to account for whales missed in shore-based
censuses. It concluded that the best estimate of present
=\iGge =
stock size is 3,857 (range 3,390 - 4,325) and that current
stock size is therefore 42.9 - 21.4 percent of the
estimated range of the initial 1848 population size
(9,000 - 18,000). The Committee indicated that because
of the large catches during the course of early, commercial
whaling activities, it believes that the initial stock
size was nearer to the upper end of the range of estimates
so that the present stock size is closer to the lower
percentage (21.4 percent) of initial size. It therefore
recommended that the stock continue to be classified as a
protected stock and that the safest course for the recovery
of the stock is for the take to be zero.
During the consideration of catch limits for the
bowhead hunt in Technical Committee, Spain proposed that
the quota for 1983 be set at zero. This proposal was
seconded by U.S.S.R. and passed by a vote of nine (Federal
Republic of Germany, Kenya, Mexico, Oman, Peru, St. Vincent,
South Africa, Spain, and U.S.S.R.) to seven (Australia,
Denmark, Seychelles, Sweden, Switzerland, United Kingdom,
and United States) with 19 abstentions. During the
discussion in plenary session, the IWC members noted that
the previous decision establishing a three-year quota
running through the 1983 season should be honored and it
was agreed, despite the strong feelings of several members,
to leave the existing quota in place and defer consideration
of the matter until the July 1983 meeting. At that time,
quotas for 1984 and thereafter will be established
pursuant to the aboriginal whaling scheme which was adopted.
Research Coordination and Planning
Research relevant to the conservation and protection
of bowhead whales is conducted or supported by a variety of
agencies and organizations, including the National Marine
Fisheries Service, the Minerals Management Service, the
North Slope Borough, the Alaska Eskimo Whaling Commission,
the State of Alaska, and the oil and gas industry. Since
1978, the Commission, as described in previous Annual
Reports, has overviewed and made a number of recommendations
to facilitate planning and coordination of this research.
A substantial amount of new information has been
obtained and, in January 1982, the Alaska Eskimo Whaling
Commission sponsored a Conference on the Biology of Bowhead
Whales to review research results and identify possible
methods for obtaining better information on population size
and productivity. The Commission participated in the
conference and, by letter of 11 January 1982, recommended
S62 c=
that the National Marine Fisheries Service organize and
convene a follow-up meeting to develop and, if possible,
agree on a coordinated plan for obtaining biological and
other information needed to resolve IWC-related as well
as other bowhead issues.
The National Marine Fisheries Service concurred with
the Commission's recommendation and convened a meeting on
11-12 March 1982 to develop a coordinated, interagency
research plan. Meeting participants included representatives
of the North Slope Borough, the Alaska Eskimo Whaling
Commission, the Bureau of Land Management, and the oil and
gas industry, as well as the Commission and the National
Marine Fisheries Service. During the meeting, it was agreed
that additional research was needed to: 1) provide a more
reliable estimate of annual recruitment; 2) evaluate
possible sources of bias in census data; and 3) provide
better information on distribution and movement patterns,
particularly in and near OCS lease sale areas in the Beaufort
Sea. It also was agreed that obtaining a reliable estimate
of annual recruitment was of particular importance.
Following the 11-12 March meeting, a report was
prepared and circulated and the National Marine Fisheries
Service obtained funding for additional surveys of
bowhead whales in the eastern Beaufort Sea. This work was
carried out by a contractor in August and early in September
1982 and the resulting data currently are being analyzed.
At the March 1982 coordination meeting, it was agreed
that the group should meet again some time late in 1982 or
early in 1983 to evaluate research progress and to make
further recommendations as needed. This meeting was held in
Anchorage, Alaska, on 15-16 December 1982. Although
the data from the 1982 studies had not yet been analyzed
fully, preliminary results were promising. However, it
was clear that further work is needed to provide a reliable
estimate of recruitment, determine stock distributions, and
assess the possible direct and indirect effects of offshore
oil and gas exploration and exploitation.
The report from the December 1982 meeting is expected
to be completed early in 1983 and will be reviewed by the
Commission, in consultation with its Committee of Scientific
Advisors, to determine what additional action is needed to
facilitate planning or coordination of bowhead research.
= (Gow
Humpback Whale (Megaptera novaeangliae)
Humpback whales can be found, at certain times of the
year, in waters off Alaska, Hawaii, and the east and west
coasts of the U.S. mainland. In the past, the species was
over-exploited by commercial whaling and it is now
designated as "endangered" under the Endangered Species Act.
Commercial exploitation has been prohibited and no longer
constitutes a threat to the species. Subsistence hunting
off Greenland and other human activities, however, still
pose a threat to humpback whales. These include commercial
and recreational boating, offshore oil and gas development,
sport and commercial fisheries, and certain coastal
development. While the Commission has continued its efforts
to ensure protection of humpback whales in Hawaii and
elsewhere, its primary focus in 1982 concerned humpback
whales in Alaska.
Glacier Bay National Park, Alaska
The inland waters of the Glacier Bay National Park and
surrounding waters in southeast Alaska are used by a portion
of the North Pacific population of humpback whales during the
summer months. In 1978 and 1979, fewer whales entered the
Bay than had been the case during the previous ten years. It
was determined by the National Park Service, which has
management responsibility for the Glacier Bay National Park,
that the increasing number of vessels using the Bay might
be one reason for the absence of humpback whales. Thus,
in 1979, the Park Service established interim regulations
to restrict vessel traffic and, at the same time, initiated
consultations with the National Marine Fisheries Service to
determine whether additional actions might be necessary to
assure that whales were not adversely affected by vessel
traffic or other activities in the Bay.
In October 1979, a workshop on the issue was convened
by the Marine Mammal Commission, and in December of that
year, the National Marine Fisheries Service prepared and
issued a Biological Opinion. The findings in both instances
were recommendations that the National Park Service
undertake studies to: (1) characterize the food and feeding
behavior of humpback whales in Glacier Bay and surrounding
waters; (2) assess the acoustic characteristics of the Bay
and the vessels operating in the Bay; and (3) compare the
behavioral responses of whales to vessels in the Bay and in
other areas of southeast Alaska. In FY 1981, Congress
appropriated special funds to the National Park Service to
address the problem and these funds were transferred to the
National Marine Fisheries Service to support the recommended
studies.
=P GA: 16
The National Park Service asked the Commission to
convene a second workshop, following the 1981 field
season, to review the work just completed and recommend
future actions. The Commission did so on 20-21 December
1981 in Seattle, Washington, and preliminary results are
discussed in the Commission's Annual Report for 1981. The
participants concluded, among other things, that additional
studies would probably be required to meet management
needs and they recommended that the program be continued
and, if possible, expanded in 1982. It was recognized
that lack of adequate funding as well as insufficient time
to plan and coordinate research had limited the success of
the 1981 field research.
In 1982, the National Park Service again transferred
funds to the National Marine Fisheries Service to continue
research on the relationship between whales and prey and
whales and boats in Glacier Bay and nearby waters. The
scope of work called for studies of prey resources to
identify and quantify the principal prey species in
humpback whale feeding areas and to measure the changes in
abundance and distribution of prey types during the season.
It also called for studies on behavior to determine whale
response to vessels of different types and sizes which were
traveling at different speeds. A major component of
this work was the radio-tagging and tracking of individual
whales to detect stress caused by vessels.
It was apparent, however, that existing funds were
insufficient to provide an adequate number of radio-tags
to tag the optimum number of humpback whales. Thus, on
12 July 1982, the Commission transferred funds to the
National Marine Fisheries Service to provide an adequate
number of tags to increase the probability of the success
of both the tagging program and the entire research program.
At the end of 1982, the possibility of convening a
third interagency workshop to review research and management
activities concerning humpback whales in Alaska waters was
under consideration. While analyses of data from the 1982
field program probably will not be completed for several
months, a meeting might be useful for determining whether
the 1982 research results likely will indicate or suggest
further management actions that could or should be taken to
protect humpback whales, and what additional research and
monitoring programs, if any, likely will be necessary to
assess and detect the possible adverse effects of vessel
and other human activities on humpback whales in Glacier
Bay.
=65 =
Right Whale (Eubalaena glacialis)
Right whale populations in the North Atlantic and
elsewhere were severely depleted by commercial exploitation
in the 19th and early 20th centuries. The remnant population
of right whales in the North Atlantic is thought to number
no more than a few hundred animals and may well be the
most endangered cetacean population occurring in U.S.
coastal waters.
Commercial exploitation has been prohibited since
the mid-1930s and no longer constitutes a threat to the
continued existence of right whale populations. In some
areas, however, offshore oil and gas development and other
human activities pose new threats to the whales and their
habitat.
The Commission, as noted in Chapter VII, has advised
the Minerals Management Service that additional studies,
monitoring programs, or lease stipulations may be required
to assure that right whales are not jeopardized by exploration
or exploitation of oil and gas resources offshore the U.S.
east coast. The Commission also has provided funds, as noted
in Chapter II, to develop a right whale sighting network
in the southeastern United States and to hold a workshop
on the biology and status of right whales.
In 1983, the Commission, in consultation with its
Committee of Scientific Advisors, will review the workshop
report and other relevant information, and, as appropriate,
will recommend that the National Marine Fisheries Service and
the Minerals Management Service take additional steps
to assure the continued existence and welfare of right
whales and their habitat in U.S. waters.
Bottlenose Dolphin (Tursiops truncatus)
The bottlenose dolphin is the most common cetacean in
the coastal waters of the southeastern states and is the
cetacean species most frequently taken alive for purposes
of scientific research and public display. Live-captures
began in the early 1900s and, although records are poor, it
may be that as many as 1,800 animals were captured and taken
from the coastal waters of the southeastern states prior to
passage of the Marine Mammal Protection Act in 1972. From
1970 through 1972, at least 600 animals were taken from the
coastal waters of Florida alone -- 215 in 1970, 172 in 1971,
andye2 24s siny 9772
5 66 <
Live-captures and removals probably have not had a
significant adverse effect on the species as a whole.
However, the species does not occur uniformly throughout
its range and may include a number of more or less discrete
populations. If so, captures and removals may have had or
may be having an adverse effect on "local" populations.
In addition, disturbance and environmental degradation from
coastal development, exploration and exploitation of
offshore oil and gas resources, or other human activities
may have had or be having an adverse effect on populations.
The National Marine Fisheries Service is responsible,
under the authority of the Marine Mammal Protection Act, for
assuring that live-captures and removals do not have
significant adverse effects on bottlenose dolphins. To meet
this responsibility, the Service, in 1977, following
consultations with the Commission, developed and adopted
a system for regulating the number of bottlenose dolphins
that can be taken annually from various areas for scientific
research and public display. Information available at that
time was insufficient to accurately identify or assess the
status of the populations that may have been affected by
prior removals or to determine the precise number, age, or
sex of animals that could be taken annually from various
areas without causing the populations to be reduced below
their optimum sustainable size. Therefore, in December 1978,
the National Marine Fisheries Service, in consultation with
the Commission, convened a workshop to define information
needs and to determine how those needs best could be met.
Subsequently, the Southeast Fisheries Center of the National
Marine Fisheries Service developed a long-range plan for
assessing and monitoring the number, age/sex composition,
and productivity of dolphins in areas where past and
current collection activities were focused.
During 1982, the Commission consulted with
representatives of the Service concerning the further
development and implementation of the research and
Management plan so as to provide the necessary information
for protection of Tursiops populations. Representatives
of the Service will join members of the Commission and
its Committee of Scientific Advisors at their meeting in
February 1983 to develop an agreed plan and schedule for
completing the analysis of available data and for
modifying the research and management plan as necessary.
21 (37/ ee
CHAPTER VII
OUTER CONTINENTAL SHELF OIL AND
GAS DEVELOPMENT
Activities and events associated with exploration and
development of offshore oil and gas resources may have
direct and indirect effects on marine mammals and the ecosystems
of which they are a part. The Bureau of Land Management
and, more recently, the Minerals Management Service (which
was created early in 1982 by combining parts of the Bureau
of Land Management and the Geological Survey) have been
delegated responsibility by the Secretary of the Interior
under the Outer Continental Shelf (OCS) Lands Act, as amended,
for predicting, mitigating, and detecting the adverse
effects of OCS oil and gas development. The National
Marine Fisheries Service and the Fish and Wildlife Service
are responsible, under the authority of the Marine Mammal
Protection Act and the Endangered Species Act, for reviewing
proposed actions and advising the Minerals Management Service
of measures that may be needed to assure that proposed
actions will not be to the disadvantage of marine mammals
and other wildlife. The Commission reviews the relevant
policies and activities of these agencies and recommends
actions that appear necessary to conserve marine mammals and
their habitats. The Commission's activities in this regard
during 1982 are discussed below.
Proposed OCS Lease Sale #71
Diapir Field, Alaska
On 24 November 1981, the Bureau of Land Management
distributed and requested comments on the Draft Environmental
Impact Statement for OCS Lease Sale #71, consisting of 372
blocks (approximately 1.8 million acres) of submerged lands
in the Beaufort Sea, 5 to 60 kilometers offshore.
The DEIS noted, among other things, that: bowhead
whales, polar bears, and other marine mammals could be
affected by exploration and development activities in the
proposed lease sale area; new information on bowhead migrations
Neos
had been obtained since the last OCS lease sale in the
Beaufort Sea; the new information indicated that a two-month
seasonal drilling restriction, rather than the seven-month
restriction included as a stipulation in an earlier sale,
was adequate to assure that bowhead whales would not be
affected adversely by the proposed action; and a Biological
Task Force had been constituted to provide advice on biological
surveys and lease stipulations needed to assure that wildlife
and wildlife habitat would not be affected adversely by the
proposed action.
The DEIS did not include a complete description or
discussion of the new information on bowhead whale migrations
or the rationale for reducing the seasonal drilling restriction
from seven to two months. Neither did it provide a complete
assessment of the possible impacts of the proposed action on
polar bears or a clear description of the responsibilities
and authorities of the Biological Task Force. The Commission
pointed out these deficiencies in a 12 February 1982 letter
commenting on the DEIS and suggested ways whereby they could
be corrected.
Proposed OCS Lease Sale #70
St. George Basin, Alaska
Proposed OCS Lease Sale #70, tentatively scheduled for
February 1983, consists of 479 blocks (approximately 2.7
million acres) of submerged lands in the St. George Basin,
Alaska. The Commission, in consultation with its Committee
of Scientific Advisors, reviewed the Draft Environmental
Impact Statement on the proposed lease sale and, by letter
of 9 April 1982, provided comments to the Bureau of Land
Management.
In its comments, the Commission indicated that the DEIS
should be modified to: (a) provide additional information
concerning the possible effects of the proposed action on
the North Pacific fur seal, the Pribilof Island natives, and
the ability of the Federal Government to meet commitments
related to the Interim Convention on the Conservation of the
North Pacific Fur Seal; (b) consider the possible effects of
the proposed action on the Bering Sea walrus population; and
(c) identify research and monitoring programs needed to
provide a basis for assessing the effectiveness of proposed
mitigation measures and for assuring that OCS oil and gas
activities do not adversely affect marine mammals or other
components of the marine ecosystem. The Commission also
noted that: a major oil spill in the southern part of the
proposed lease sale area could pose a major threat to marine
mammal and other wildlife habitat in Unimak Pass and Izembek
Lagoon; the effects of possible oil spills along a proposed
pipeline to Iketan Bay should be considered in the impact
assessment; and, because of the substantial level of seismic
activity in the area, it would be desirable to establish a
program, if one did not already exist, for assessing,
monitoring and, as possible, predicting seismic events in
the area.
Proposed OCS Lease Sales #72, #74, and #79
Gulf of Mexico
OCS Lease Sales #72, #74, and #79 are scheduled for
May, August, and November 1983, and include all unleased
blocks in the central, western, and eastern planning areas
of the Gulf of Mexico. The offerings consist of approximately
39 million acres for Sale #72, 33 million acres for Sale #74,
and 58 million acres for Sale #79.
The Commission, in consultation with its Committee of
Scientific Advisors, reviewed and, by letter of 19 October
1982, provided comments on the Draft Regional Environmental
Impact Statement (DREIS) for the proposed sales. In its
comments, the Commission concurred with the Fish and Wildlife
Service's Biological Opinion indicating that the proposed
leasing and exploration activities likely would not jeopardize
the continued existence of the West Indian manatee or result
in the destruction of habitat critical to its survival,
provided needed onshore support bases are located at existing
facilities in Port Manatee, Florida, and the probability of
an oil spill occurring during the exploration phase is
essentially zero. The Commission questioned a number of
statements and conclusions concerning the possible direct
and indirect effects of the proposed action on local populations
or subpopulations of bottlenose dolphins, and recommended
that the Minerals Management Service consult with the National
Marine Fisheries Service, if it had not already done so, to
identify such additional information, lease stipulations,
monitoring programs or other measures that might be needed
to assure that bottlenose dolphins are not affected adversely
by the proposed action. The Commission also noted that
relevant studies were being conducted by the National Marine
Fisheries Service and other organizations, and recommended
that the Minerals Management Service consult with the
National Marine Fisheries Service and these other agencies
to determine whether and how programs might be coordinated
or integrated to meet data needs more effectively and
economically.
Proposed OCS Lease Sale #76
Mid-Atlantic
This lease sale tentatively is scheduled for March
1983 and consists of 4,325 blocks (approximately 24.6
million acres) of submerged OCS lands off the mid-Atlantic
coast of the United States. The Commission was consulted
during the planning phase for this lease sale and, as noted
on pages 73 and 74 of its Annual Report for Calendar Year
1981, advised the Bureau of Land Management that: twenty-
five species of marine mammals have been reported to occur
in, or migrate through, the proposed lease sale area; six of
these species are listed as "endangered" under the Endangered
Species Act; the habitat requirements and habitat use patterns
of these species are not well documented; and available
information on the possible effects of disturbance, noise,
oil, and other pollutants is insufficient to accurately
predict how marine mammals and their habitats might be
affected by exploration or development activities. The
Commission recommended, among other things, that the Bureau
consult with the National Marine Fisheries Service to identify
information, lease stipulations, detection and monitoring
programs, or other measures that may be needed to assure
that marine mammals would not be affected adversely by the
proposed action.
The Commission, in consultation with its Committee of
Scientific Advisors, subsequently reviewed the Draft Environmental
Impact Statement for Proposed OCS Lease Sale #76. This
document reflected many of the Commission's earlier comments,
but did not provide adequate descriptions or assessments of
planned research programs and the possible effects of the
proposed action on the endangered North Atlantic right whale
population. Therefore, by letter of 20 September 1982, the
Commission suggested that the DEIS be modified to provide:
(1) additional discussion and analysis of the possible
effects of the proposed action on the endangered North
Atlantic right whale population; and (2) an expanded
description of the research programs and administrative
procedures that will be used to assure that the best possible
environmental information will be available to lease managers.
Proposed OCS Lease Sale #78
South Atlantic
This lease sale, originally scheduled for January 1984,
has been rescheduled for July 1983 and consists of 5,733
blocks (approximately 33 million acres) off the South Atlantic
coast of the United States. As with OCS Sale #76, the
Commission commented on this sale during the initial planning
phases (see pages 74 and 75 in the Commission's Annual
Report for Calendar Year 1981).
= Filo
The Draft Environmental Impact Statement for Proposed
OCS Sale #78 was forwarded to the Commission and others for
review and comment on 20 October 1982. The document noted,
among other things, that seven species of endangered marine
mammals, including the West Indian manatee and six species
of whales (right, humpback, sperm, blue, fin, and sei) occur
in or adjacent to the lease sale area and that effects on
these species were expected to be temporary, local, and
minor except in the case of a disaster such as a large oil
spill. The document listed non-endangered species of marine
mammals that occur in or adjacent to the lease sale area,
but did not indicate how these species might be affected by
the proposed action.
The Commission, in consultation with its Committee of
Scientific Advisors, reviewed the DEIS and, by letter of 13
December 1982, questioned whether available information was
sufficient to conclude that possible impacts on right and
humpback whales would be temporary, local, and minor except
in the case of a disaster such as a large oil spill. The
Commission noted that recent sightings and strandings of
right whales suggest that calving and breeding may occur in
or near the lease sale area, and recommended that the DEIS
be revised and expanded to provide a more complete and
accurate assessment of available information concerning the
distribution, abundance, and movements of both right and
humpback whales in and near the proposed lease sale area.
The Commission also recommended that the Minerals Management
Service consult with the National Marine Fisheries Service
to determine: (1) whether all available sighting and stranding
data had been considered when the NMFS re-evaluated its 14
July 1980 Biological Opinion concerning the possible direct
and indirect effects of the proposed action on endangered
cetaceans; (2) whether recent sightings and strandings of
right whales in and near the proposed lease sale area
warranted reassessment of certain conclusions provided in
the Service's Biological Opinion; and (3) whether additional
information, studies, monitoring programs, and lease stipulations
are necessary to assure that right, humpback, or other
endangered whales will not be affected adversely by the
proposed action.
The Minerals Management Service's
Regional Studies Program
As noted above, the Minerals Management Service has
been delegated responsibility for assessing and mitigating
the possible adverse effects of activities and events, such
as oil spills, associated with the exploration and development
of offshore oil and gas resources. To provide the biological,
ecological, and technical information needed to meet this
responsibility, the Service nas established Regional Environmental
Studies Programs which are administered by the Service's OCS
Offices in New York, New Orleans, Los Angeles, and Anchorage.
The Service also has contracted with the National Oceanic
and Atmospheric Administration's Office of Marine Pollution
Assessment to plan and administer the Alaska Outer Continental
Shelf Environmental Assessment Program (OCSEAP).
To help the Service identify research requirements
related to the conservation and protection of marine mammals,
and the types of programs needed to best satisfy those
requirements, the Commission: reviews and provides comments
on regional studies plans, environmental impact statements, and
requests for research proposals developed by the Service;
participates in meetings of Technical Proposal Evaluation
Committees convened by the Service to review research proposals;
and helps plan and participates in meetings to review and
coordinate relevant research programs being conducted or
planned by the Minerals Management Service, the National
Marine Fisheries Service, the Fish and Wildlife Service, and
other Federal, state, and private agencies and organizations.
Pacific OCS Regional Studies Plan
By letter of 15 June 1982, the Pacific OCS Office of
the Minerals Management Service requested that the Commission
review its Draft Regional Studies Plan for Fiscal Year 1984.
This plan, which is updated annually, describes past and
current studies funded by the Pacific OCS Office to provide
information required to predict, assess, and monitor the
effects of OCS oil and gas development off California. It
lists studies approved for funding in FY 1983, and indicates
and ranks the studies being considered for funding in FY 84.
The Commission reviewed the draft plan and, by letter
of 21 July 1982, suggested a number of ways whereby the plan
might be strengthened and improved. Among other things, the
Commission suggested that descriptions of several proposed
sea otter-related studies be expanded to indicate how the
study results would contribute to the objectives of the
Southern Sea Otter Recovery Plan. The Commission also
suggested that related studies being conducted or planned
by the Fish and Wildlife Service and other organizations be
reviewed to determine whether additional studies were necessary
and, if so, how the studies should be designed to take maximum
possible advantage of the work being done by other agencies.
Subsequently, the Commission reviewed and, by letter of 30
August 1982, suggested steps that could be taken by the
Pacific OCS Office and the Fish and Wildlife Service to
facilitate development of an interagency agreement concerning
needed sea otter studies.
Workshop on Effects of OCS Development in the Gulf of Mexico
In response to the aforementioned types of uncertainties
concerning the possible effects of offshore oil and gas
development on marine mammals and other wildlife in the
Gulf of Mexico, the Minerals Management Service contracted
with the Fish and Wildlife Service early in 1982 to organize
and convene a Workshop on the Effects of Offshore Oil and
Gas Development on Marine Mammals and Sea Turtles in the
Gulf of Mexico. The goals of the workshop were to identify:
(1) ways in which cetaceans and sea turtles have been or
could be affected, either directly or indirectly, by activities
and events associated with offshore oil and gas development;
(2) the types and specificity of data needed to predict,
detect, and mitigate possible adverse effects; (3) the
advantages and disadvantages of various methods that could
be used to obtain needed data; and (4) specific research and
monitoring programs which would be required to obtain needed
data, including the necessary expertise, level of effort,
equipment, and facilities.
The Commission helped plan and participated in the
workshop, which was held in Biloxi, Mississippi, on 6-8 April
1982. Participants, representing a number of Federal and
state agencies, research institutions, and private organizations,
reviewed available information and concluded, among other
things, that additional surveys and behavior studies were
needed to assess the possible effects of OCS development on
marine mammals in the Gulf of Mexico and that the studies
should focus on assessing and monitoring local populations
or subpopulations of bottlenose dolphins. Participants
recommended that: a program be developed to monitor selected
dolphin populations at periodic intervals; the existing marine
mammal stranding network in the Gulf of Mexico be expanded;
and every effort be made to coordinate related programs
being conducted and planned by the National Marine Fisheries
Service and the Minerals Management Service.
The final workshop report, expected to be completed early
in 1983, will be reviewed by the Commission, in consultation
with its Committee of Scientific Advisors, to determine whether
additional steps may be needed to facilitate planning and
coordination of marine mammal studies in the Gulf of Mexico.
Implementation of 1981 Amendments to the
Marine Mammal Protection Act
Marine mammals and the ecosystems of which they are a
part clearly can be affected by oil spills resulting from
exploration and exploitation of offshore oil and gas resources.
They may also be affected by other aspects of offshore oil
and gas-related activities, including noise. Studies conducted
by the Alaska Department of Fish and Game in 1979, for
example, suggest that ringed seals react to geophysical
seismic activities used in 0il and gas exploration by either
abandoning or avoiding such areas of activity.
Under terms of the Marine Mammal Protection Act, such
a response is defined as a "taking." In 1981, the Act was
amended to provide, among other things, for authorizing the
incidental take of marine mammals in association with activities
in addition to commercial fishing and including offshore oil
and gas exploration and development. These amendments are
discussed in Chapter III of the Commission's Annual Report
for Calendar Year 1981. Under the new Section 101(a) (5) of
the Act, the Secretaries of Commerce and the Interior are
directed to authorize such incidental take if it is determined
that the total of such taking will have a negligible impact
on the affected population of marine mammals, on its habitat,
and on the availability of the population for subsistence
uses in Alaska. The Secretaries must also prescribe regulations
setting forth permissible methods of taking to minimize the
effects on the population and its habitat and set forth
requirements for monitoring and reporting on the incidental
taking.
As a preliminary step toward implementing the new
provisions of Section 101l(a) (5) of the Act, the National
Marine Fisheries Service, on 3 March 1982, published proposed
regulations in the Federal Register. This proposal consisted
of two parts: (1) a general scheme setting out the criteria
and procedures for applications, review, and issuance of
authorizations for applicable incidental taking; and (2)
proposed regulations to govern the incidental taking of
ringed seals in the course of seismic exploration activities
in the Beaufort Sea.
The Commission, in consultation with its Committee of
Scientific Advisors, reviewed the proposed regulations and
recommended that they be adopted, with certain modifications
and conditions. The National Marine Fisheries Service generally
concurred with the Commission's recommendation and published
final regulations in the Federal Register on 18 May 1982.
Subsequently, Letters of Authorization were issued to three
applicants to take ringed seals incidental to seismic
exploration activities in the Beaufort Sea.
On 13 October 1982, the Fish and Wildlife Service
published proposed regulations, similar to those adopted by
the National Marine Fisheries Service, to govern the incidental
taking of marine mammal species under the jurisdiction of
the Department of the Interior.
Seasonal Drilling Restrictions in the Beaufort Sea
In June 1980, the National Marine Fisheries Service
advised the Bureau of Land Management, pursuant to Section
7 of the Endangered Species Act, that available information
was inadequate to determine whether geophysical seismic
operations or other activities associated with exploration
and exploitation of offshore oil and gas resources in the
Beaufort Sea would have adverse effects on bowhead whales or
habitat critical to their survival. To minimize the possibility
of impacts from oil spills and seismic operations, the
Service recommended that drilling in the Beaufort Sea lease
areas be prohibited each year from 1 November to 31 March,
when clean-up would be difficult because of ice conditions,
and that geophysical seismic operations be prohibited between
August and October when whales might be present. On 30 July
1981, the National Marine Fisheries Service modified its
Biological Opinion, recommending that geophysical seismic
operations be prohibited from 1 September to 31 October east
of Prudhoe Bay, and from 15 September to 31 October west of
Prudhoe Bay, or whenever aerial surveys indicate that whales
are present in the areas being surveyed.
On 28 January 1982, the Bureau of Land Management
requested that the National Marine Fisheries Service reconsider
its recommendations concerning seasonal restrictions on
drilling and seismic operations. The Service reviewed
available information and, on 1 April 1982, provided an
amended Biological Opinion which recommended that: (1)
exploratory drilling be prohibited in the Beaufort Sea lease
sale area when bowhead whales are present (usually from 1
September to 31 October); (2) the presence of whales should
be determined by aerial or other survey methods; (3) the
Department of the Interior should take whatever steps are
necessary to assure that the lease area is free from spilled
oil when the whales arrive; (4) seismic operations should
cease when whales are present in areas where they could be
affected; and (5) a program of noise evaluation and monitoring
of whale behavior be considered to better determine the
noise impact boundaries of drilling locations.
The North Slope Borough of Alaska questioned certain
aspects of the National Marine Fisheries Service's amended
Biological Opinion. The Borough also questioned the adequacy
of the Minerals Management Service's plans for conducting
aerial surveys to determine when bowhead whales were in or
near areas where they might be affected by geophysical
seismic operations. On 30 July 1982, the Borough requested
that the Marine Mammal Commission review the proposed monitoring
program.
The Commission, in consultation with its Committee of
Scientific Advisors, reviewed the National Marine Fisheries
Service's Biological Opinion and other documents related to
the proposed monitoring program. On 15 September 1982, the
Commission advised the National Marine Fisheries Service
that it agreed with the Service's determination that regular
aerial surveys appear to offer the only practical means for
determining when whales are in or near areas where they
might be affected by seismic or drilling operations. The
Commission noted, however, that it was not possible, from
the information available, to determine whether or how
frequently individuals or groups of whales might be present
but not detected in or near areas where seismic operations
are being conducted. The Commission recommended that the
National Marine Fisheries Service investigate, and take such
steps as may be necessary to assure that the proposed monitoring
program responded adequately to the recommendations in its l
April Biological Opinion.
Many of the uncertainties concerning the adequacy of
the proposed monitoring program could not be resolved prior
to the beginning of the bowhead's fall migration. A program
review was held on 14 December and, during this review, a
number of deficiencies and problems were noted. To avoid
similar problems in 1983, the Minerals Management Service
plans to convene a meeting of all interested parties, early
in 1983, to discuss and, if possible, agree on a program for
determining when seismic operations should be stopped to
prevent impacting bowhead whales.
Sic lee
CHAPTER VIII
MARINE MAMMAL MANAGEMENT IN ALASKA
As enacted by Congress in 1972, the Marine Mammal
Protection Act provided that the Secretaries of Commerce and
the Interior, in consultation with the Commission, could, on
request, take certain actions that would lead to the return
of management of marine mammal populations to the state in
which they were found. On 31 January 1973, the State of
Alaska submitted a request to the Secretaries for a waiver
of the moratorium established by the Act and the return of
Management authority for ten species of marine mammals.
Ten years have now passed and, although Alaska briefly
regained management of one species, the Pacific walrus, it
presently does not have management authority for any marine
mammals. The many difficulties and delays which resulted in
this situation have been fully discussed in the Commission's
past Annual Reports, particularly the Report for Calendar
Year 1980. As was noted in that Report, early in 1979,
there were encouraging signs that most of the issues delaying
return of management to Alaska were nearing resolution.
This progress was halted, however, in April 1979 by a U.S.
District Court decision that, in effect, interpreted the
native exemption clause of the Act to prohibit the State
from regulating the subsistence take of non-depleted walrus.
Subsequently, the State returned management of walrus to the
Fish and Wildlife Service, and consideration of the State's
request for return of management of this and other species
was deferred until questions relating to the native exemption
clause could be resolved.
This impasse concerning management of Alaska's marine
mammal populations and return of management generally was
one of the issues leading to efforts to amend the Marine
Mammal Protection Act. In 1981, following hearings in both
the House of Representatives and the Senate and after successful
efforts by the Commission and others to develop a consensus
among the various interested parties, Congress adopted a
number of amendments to the Act which were discussed in
detail in the Commission's Annual Report for 1981.
The amendments modified the provisions of the Act which
allow the Secretaries of Commerce or the Interior to transfer
Management authority for a marine mammal population to a
state if the state has developed and will implement a
program which is consistent with criteria set forth in a new
section of the Act.
As regards the State of Alaska, the Secretary cannot
transfer management authority to the State unless the State
has, among other things, adopted a statute and regulations
that ensure that subsistence use will be the priority consumptive
use of the species. The amendments clearly indicate that
the taking of marine mammals by Alaskan natives will be
subject to an approved marine mammal management program of
the State of Alaska.
On 12 May 1982, the National Marine Fisheries Service
and the Fish and Wildlife Service jointly published proposed
regulations to implement the new provisions of the law
relating to return of management to the states. The Commission
reviewed the proposed regulations in consultation with its
Committee of Scientific Advisors and, on 9 July 1982, responded
to the two Services, recommending that the proposed regulations
be adopted, with modifications. Final regulations are
expected early in 1983.
At the end of 1982, a new administration had just come
into office in Alaska. There could, therefore, be no clear
indication from the State as to how it might proceed with
Marine mammal management issues in Alaska. However, should
the State decide to request return of management, it is
important that Federal agencies have a solid information
base and be prepared to act expeditiously. To help assure
that appropriate people be informed, the Commission in 1982
contracted for an assessment of issues bearing on marine
mammals in Alaska, and this will be completed early in 1983
(see Chapter II).
CHAPTER IX
PERMIT PROCESS
The Marine Mammal Protection Act places a moratorium,
with certain exceptions, on the taking and importing of marine
Mammals and marine mammal products. One exception is the
provision for the issuance of permits by either the Secretary
of Commerce or the Secretary of the Interior, depending upon
the species of animal involved, for the taking of marine
Mammals for purposes of scientific research or public display.
Prior to the issuance of a permit, the application is reviewed
by the Commission in consultation with its Committee of
Scientific Advisors on Marine Mammals. The following is a
schematic representation of this permit review process.
Applicant
Ee ya Rane
pplication
je
Final Departmental Action
ura
£ NN ae
Dept. of Dept. of Dept. of Dept. of
Commerce Interior Interior Commerce
ss
Complete Application Commission Recommendation
Marine Mammal Commission
A
Vv
Committee of Scientific
Advisors on Marine Mammals
Application Review
The permit application and review process involves three
stages: 1) receipt and initial review of the application at
the Department, publication of a notice of receipt of
application in the Federal Register, and transmittal to the
Commission; 2) review of the application by the Commission
and transmittal of its recommendation to the Department; and
3) final processing by the Department, including consideration
of all comments and recommendations of the Commission and
the public, resulting in the approval or denial of the applica-
tion. The total review time (initial receipt of application
until final Departmental action) depends on many factors,
including: the sufficiency of the information provided by the
applicant; special actions, such as inspecting an applicant's
marine mammal holding facilities, that may be warranted before
reaching a decision; and the efficiency and thoroughness of
those responsible for the review.
During 1982 the Commission made recommendations on 33
applications submitted to the Department of Commerce and six
applications submitted to the Department of the Interior. The
Commission's average review time for complete applications was
29 days (median, 25 days). Not included in the preceding
statistics are recommendations on two applications which were
still awaiting final action by the Department of Commerce at the
end of 1982, and three applications which were under Commission
review at year's end. The Commission, in consultation with its
Committee of Scientific Advisors, also made recommendations on
twelve requests to modify permits during 1982. The average
time required for Commission review of these matters was 28 days.
For the 33 applications processed by the Department of
Commerce during 1982, it took an average of 109 days (median,
73 days) from the date the application was received by the
Department until final action was taken. The six permit
applications submitted to the Department of the Interior were
processed in an average of 85 days (median, 82 days). If
calculated from the date of receipt of a complete application
at the Services, the average processing times for the
Departments of Commerce and the Interior were 74 and 75 days,
respectively, compared to 60 and 86 days, respectively, in 1981.
Included in the preceding statistics are processing times
for nine applications (8 to Commerce and 1 to Interior) which
were received in 1981 but did not receive final action until 1982.
All but one of these nine applications involved lengthy delays in
order to obtain necessary additional information and clarification
from permit applicants. Total processing time for these nine
applications averaged 210 days (99 days from date complete) for
the Department of Commerce and 103 days (61 from date complete)
for the Department of the Interior. The 30 applications received
in 1982 and acted on in 1982 by the Commission and the Services
(25 Commerce; 5 Interior) required average processing times of:
28 days for Commission review; 77 days (66 from date complete)
for final action by the Department of Commerce; and 81 days
(78 from date complete) for final action by the Department of
the Interior.
14
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19
IL7/
i
COMMISSION RECOMMENDATIONS:
January
January
January
January
January
January
January
February
February
March
March
APPENDIX A
CALENDAR YEAR 1982
scientific research permit application,
Stewart.
Commerce,
Brent S.
Commerce, scientific research permit application,
Southwest Fisheries Center.
Commerce, scientific research permit application,
D. R. Ketten.
Commerce, scientific research permit application,
Manomet Bird Observatory.
Commerce, commenting to the National Marine
Fisheries Service on the draft Hawaiian Monk
Seal Recovery Plan and recommending that the
Recovery Team be asked to suggest priority
tasks within the Recovery Plan outline and to
provide estimates of the time, personnel,
logistic support, and funding which would be
required to complete each of the tasks
identified in the draft outline.
Commerce, scientific research permit application,
Jeanette Thomas.
Interior, scientific research permit application,
John R. Fletemeyer.
Commerce, scientific research permit application,
Alaska Department of Fish and Game.
Commerce, scientific research permit application,
Randall S. Wells and Michael D. Scott.
Commerce, scientific research permit applications,
Reino Aventura and Richard L. Merrick.
Commerce, commenting to the National Marine
Fisheries Service on research activities and plans
concerning the incidental take of Dall's porpoise
in the course of Japanese salmon gill net fishing
15
22
24
29
31
31
31
March
March
March
March
March
March
March
|
March
April
and recommending that: a) the Service take such
steps as may be necessary to increase the level of
observer coverage of fishing activities; b) steps
be taken to ensure that a reliable incidental take
sample is obtained from the land-based fishery;
c) the relationship between the incidental take
permit and the Memorandum of Understanding with
the Japanese be clarified; and d) a negotiating
position for discussions with the Japanese be
prepared for Commission review and comment.
Commerce, scientific research permit application,
Southwest Fisheries Center.
Commerce, modification of scientific research
permit, Point Reyes Bird Observatory.
Commerce, scientific research permit application,
Northwest and Alaska Fisheries Center.
Commerce, scientific research permit application,
Southwest Fisheries Center.
Coast Guard, commenting on the possible use
of a site adjacent to a warm-water refuge for
Manatees as a base of operations for Coast Guard
vessels and recommending that the Coast Guard
station not be moved from its present location to
the proposed site.
Interior, modification of scientific research
permit, Alaska Department of Fish and Game.
Commerce, public display permit application,
Marineland Amusements Corp.
Commerce, modification of public display permit,
Point Defiance Zoo and Aquarium.
Commerce, commenting to the National Marine
Fisheries Service on the draft position papers
for the 25th annual meeting of the North Pacific
Fur Seal Commission and recommending: a) adoption
of position papers concerning pelagic entanglement
of seals and the 1982 harvest; b) that, if the
Standing Scientific Committee of the North Pacific
Fur Seal Commission proposes continuation of
pelagic research, the Committee be asked to
identify the types of studies which should be
concluded in conjunction with that research to
14
18
26
16
16
21.
24
24
30
30
April
April
May
May
May
June
June
June
June
June
June
June
June
assess and monitor lost or discarded fishing gear;
and c) if the Service has not already done so, it
take steps as may be necessary to complete certain
analyses and make certain determinations refer-
enced in the draft position papers.
Commerce, commenting to the National Marine
Fisheries Service on, and recommending the adoption
of, proposed regulations implementing a scheme to
govern the incidental take of marine mammals in
association with activities other than fishing.
Commerce, scientific research permit application,
William F. Dolphin.
Commerce, public display permit application,
Oceanarium Jaya Ancol.
Commerce, scientific research permit application,
Southwest Fisheries Center.
Commerce, scientific research permit application,
LGL Alaska Research Associates.
Commerce, scientific research permit application,
Michael Graybill.
Commerce, modification of scientific research
permit, National Zoological Park.
Commerce, scientific research permit application,
Envirosphere Co.
Commerce, public display permit application,
Sea World Pty. Ltd.
Interior, scientific research permit application,
VTN Oregon, Inc.
Commerce, public display permit applications,
Tel-Aviv Delphinarium and Dinnes Memorial
Veterinary Hospital.
Commerce, modification of scientific research
permit, Eleanor M. Dorsey.
Commerce, modification of scientific research
permit, National Zoological Park.
9 July
12 July
12 July
13 July
16 July
29 July
9 August
11 August
16 August
Commerce and Interior, commenting to the National
Marine Fisheries Service and the Fish and
Wildlife Service on proposed regulations to
provide for return of management of marine mammals
to the states and recommending adoption, with
certain modifications.
Commerce, public display permit application,
Durov Zoo Animals World.
Commerce, scientific research permit application,
Southwest Fisheries Center.
Interior, scientific research permit application,
Donald B. Siniff and Katherine Ralls.
Interior, public display permit application,
Izu-Mito Sea Paradise.
Commerce, commenting to an Office of Coastal
Zone Management contractor on a preliminary
list of potential marine sanctuary sites for
the Gulf of Mexico and recommending that:
1) the Big Bend Seagrass Beds site off northwest
Florida be included in the agency's marine
sanctuary "Site Evaluation List"; and 2) the
boundaries of this site be extended to include
summer and migratory habitat of the northwest
Florida manatee population.
Interior, scientific research permit application,
Carle Foundation Hospital.
Commerce, scientific research permit application,
Bolt Beranek and Newman Inc.
Interior, commenting to the Fish and
Wildlife Service on the implications of the
Convention on International Trade in
Endangered Species of Wild Fauna and Flora on
the proposed export of sperm whale oil by
Portugal and recommending that the United States
express its reservations about the proposed
export, identify issues for consideration at
the 1983 meeting of CITES parties, and review
Portugal's sperm whaling activities for possible
certification under the Pelly and Packwood-
Magnuson Amendments.
- 85 =
20 August
20 August
20 September
28
18
wg
September
October
October
October
October
Commerce, scientific research permit application,
Southwest Fisheries Center.
Commerce, scientific research permit application,
Richard H. Lambertsen.
Interior, commenting to the Minerals Management
Service on a Draft Environmental Impact Statement
for OCS lease sale #76 in the mid-Atlantic and
recommending that: the Minerals Management
Service consult with the National Marine Fisheries
Service to identify and undertake additional
research and monitoring necessary to assure there
would be no significant direct or indirect effects
on endangered marine mammal populations and that
the document be expanded by additional discussion
and analysis of the endangered North Atlantic
right whale population.
Commerce, scientific research permit application,
Warren M. Zapol and Robert C. Schneider.
Interior, scientific research permit application,
Carle Foundation Hospital.
Commerce, public display permit applications,
Marine Animal Productions Inc.
Commerce, public display permit application,
Marine Amusements Corp.
Interior, commenting to the Minerals Management
Service on a Draft Regional Environmental Impact
Statement for OCS lease sales #72, #74, and #79
in the Gulf of Mexico and recommending that:
a) if there is any uncertainty as to the
interpretation of manatee-related provisions
in the amended Biological Opinion prepared by
the Fish and Wildlife Service for this
sale, the two Services should reinitiate
consultations to clarify the Opinion's intent;
b) if it has not already done so, the Service
consult with the National Marine Fisheries
Service to identify lease stipulations,
monitoring programs, and other measures needed
to assure that bottlenose dolphins will not be
affected adversely by exploration or development;
c) the Service consult with certain scientists
cited in the report to assure that their study
results are reported accurately; and d) if it
25
29
7)
18
26
26
r3
October
October
November
November
November
November
November
November
December
December
December
December
has not already done so, the Service consult
with the National Marine Fisheries Service and
other agencies or organizations conducting
relevant studies to determine whether and how
programs might be coordinated or integrated to
meet data needs more effectively and at less cost.
Commerce, modification of scientific research
permit, Albert Erickson.
Commerce, modification of scientific research
permit, Donald B. Siniff.
Commerce, public display permit application,
Gulf Exhibition Corporation.
Interior, commenting to the Fish and
Wildlife Service on the issuance to Izu-Mito
Sea Paradise of a permit for public display
taking and recommending that the Service:
a) establish that the permittee is in compliance
with regulations of the Department of Agriculture,
Animal and Plant Health Inspection Service; and
b) advise the Commission as to the basis of
certain determinations made in the process of
approving the permit.
Interior, modification of scientific research
permit, Denver Wildlife Research Center.
Commerce, modification of scientific research
permit, Southwest Fisheries Center.
Commerce, scientific research permit application,
Susan Shane.
Commerce, modification of scientific research
permit, Brent S. Stewart.
Commerce, scientific research permit application,
Richard Flyer.
Commerce, modification of scientific research
permit, Richard H. Lambertsen.
Commerce, scientific research permit application,
Gregory Kaufman and Roger Wood.
Commerce, scientific research permit application,
Daniel P. Costa.
13 December Interior, commenting to the Minerals Management
Service on a Draft Environmental Impact Statement
on OCS lease sale #78 and recommending that
the Service consult with the National Marine
Fisheries Service to determine: (Lj), aise lal
available sighting and stranding data were
considered in reevaluating the National Marine
Fisheries Service's Biological Opinion concerning
the possible direct and indirect effects of the
proposed action on endangered cetaceans,
especially right whales and humpback whales;
(2) if these data warrant reassessment of certain
conclusions provided in that Biological Opinion;
(3) whether additional information, studies,
monitoring programs, and lease stipulations are
necessary to assure that right, humpback, or other
endangered whales would not be affected adversely
by the proposed action; and (4) whether local
populations of bottlenose dolphins or other
non-endangered marine mammals might be affected
adversely by the proposed action.
17 December Interior/Commerce, scientific research permit
application, Mote Marine Laboratory.
20 December Interior, scientific research permit application,
Bolt Beranek and Newman Inc.
APPENDIX B
REPORTS ON COMMISSTON-SPONSORED RESEARCH ACTIVITIES
AVAILABLE FROM THE
NATIONAL TECHNICAL INFORMATION SERVICE (NTIS)
Ainley, D.G., H.R. Huber, R.P. Henderson, and T.J. Lewis. 1977.
Studies of marine mammals at the Farallon Islands,
Callittouniaye: 1970 —1'9)/5 a bina la crepone) £05 ) MMe contract
MM4AC002. NTIS PB-274 046. 42 pp. (A03)
, H.R. Huber, R.P. Henderson, T.J. Lewis, and S.H. Morrell.
LOM Studies of marine mammals at the Farallon Islands,
California, 1975-1976. Finale cepoct sfon) MMG icontract
MM5AC020. NTIS PB-266 249. 32 pp. (A03)
, H.R. Huber, R.R. LeValley, and S.H. Morrell. 1978.
Studies of marine mammals at the Farallon Islands,
California, 1976-1977. Final report for MMC’ contract
MM6AC027. NTIS PB-286 603. 44 pp. (A03)
Allen, S.G., D.G. Ainley, and G.W. Page. 1980. Haul out
patterns of harbor seals in Bolinas Lagoon, California.
Final report for MMC contract MM8AC0O12. NTIS PB80-176 910.
31 pps 2)A03)
Balcomb, K.¢C:, J.R« Boran, R-W. Osborne; and N.v- Haenel = 1980.
Observations of killer whales (Orcinus orca) in greater
Puget Sound, State of Washington. Final report for MMC
contract MM1300731-7. NTIS PB80-224 728. 42 pp. (A03)
Beddington, J.R. and H.A. Williams. 1980. The status and
Management of the harp seal in the north-west Atlantic. A
review and evaluation. Final report for MMC’ contract
MM1301062-1. NTIS PB80-206 105. 127 pp. (A007)
Bengtson, J.L. Ook. Review of information regarding the
conservation of living resources of the Antarctic marine
ecosystem. Final report for MMC contract MM8AD055. NTIS
PB-289 496. 148 pp. (A08)
Bockstoce, J. 1978. A preliminary estimate of the reduction of
the western Arctic bowhead whale (Balaena mysticetus)
population by the pelagic whaling industry: V848=1915.
Final report for MMC contract MM7AD111. NTIS PB-286 797.
32 pp. (A08)
ts Price codes for printed reports (including postage) are
shown in parentheses at the end of each citation.
Microfiche copies of the reports are also available (price
code AOl). The key to the codes and ordering information
can be found on the last page.
= gore
Brownell, R.L., dJr., CC. Schonewald, and-=R.R.. Reeves. 1979.
Report on world catches of marine mammals: L965 — 1977/6).
Final report for MMC contract MM6AC002. NTIS PB-290 713.
353 pp... (ALS)
Chapman, D.G., L.L. Eberhardt, and J.R. Gilbert. 1977. A review
of marine mammal census’ methods. Final report for MMC
contract MM4AC0O14. NTIS PB-265 547. 55 pp. (A04)
Committee to Evaluate Antarctic Marine Ecosystem Research,
National Research Council. IL G)esal A An evaluation of
Antarctic marine ecosystem research. National Academy
Press,, Washington, D.C)... 99) pps. *
Contos, S.M. 1982. Workshop on marine mammal-fisheries
interactions. Final report for MMC contract MM2079341-0.
NTIS PB82-189507. 64 pp. (A04)
GorneLh, Ient., EoD. Asper, Ki... Osborn,,, and: Mid... .Whiite,oain. WOT 6
Investigations on cryogenic marking procedures for marine
mammals. Final report for MMC contract MM6AC003. NTIS
PB=291 5702 “244ppe (A03)
Dayton, -Pok., ©B2D. Keller; Mand) Dp. A-o Venu iresca:. 1980. Studies
of a nearshore community inhabited by sea otters. Final
report for MMC contracts MM6AC026 and MM1300702-9. NTIS
PB81-109 860. 91 pp. (A06)
DeBeer, J. 1980. Cooperative dedicated vessel research program
on the tuna-porpoise problem; overview and final report.
Final report for MMC contract MM8AC006. NTIS PB80-150 097.
43 pp. (A03)
Dohl, T.P. 1981. Remote laser branding of marine mammals. Final
Report for MMC contract MM4AC0O11. NTIS PB81-213449. 34 pp.
(A03)
Erickson, A.W. WTS Population studies of killer whales
(Orcinus orca) in the Pacific Northwest: a radio-marking
and tracking study of killer whales. Final report for MMC
contract MM5AC0O12. NTIS PB-285 615. 34 pp. (A03)
Fay, F.H., H.M. Feder, and S.W. Stoker. 1977. An estimation of
the impact of the Pacific walrus population on its food
resources in the Bering Sea. Final report for MMC contracts
MM4AC006 and MM5AC0O24. NTIS PB-273 505. 38 pp. (A03)
3 Available from the Polar Research Board, National Academy of
Sciences, 2101 Constitution Avenue, N.W., Washington, D.C.
20418.
= 0) =
Foster, M.A. 1981. Identification of ongoing and planned
fisheries in the Northwestern Hawaiian Islands. Final
report for MMC contract MM1801069-7. NTIS PB81-207516. 52
pp- (A05)
Foster, M.S., C.R. Agegian, R.K. Cowen, R.F. Van Waggenen, D.K.
Rose, and A.C. Hurley. 1979. Toward an understanding of
the effects of sea otter foraging on kelp forest communities
in) scentral ‘Calitornia: Final report for MMC contract
MM7AC023. NTIS PB-293 891. 60 pp. (A04)
Fowler, C.W., W-T. Bunderson, M.B. Cherry, R.J. Ryel, and B-B.
Steele. 1980. Comparative population dynamics of large
mammals: A search for management criteria. Final report
for MMC contract MM7ACO013. NEES ~PB80-17'8" “627. 330” pp.
(A15)
_, R.J. Ryel, and L.J. Nelson. 1982. Sperm whale population
analysis. Final report for MMC contract MM8AC009. NTIS
PB82-174335. 35 pp. (A03)
Gaines, S.E. and D. Schmidt. 1978. Laws and treaties of the
United States relevant to marine mammal protection policy.
Final report for MMC contract MM5AC029. NTIS PB-281 024.
668 pp. (A99)
Gard, R. 1978. Aerial census, behavior, and population dynamics
study of gray whales in Mexico during the 1974-75 calving
and mating season. Final report for MMC contract MM5AC006.
NTIS, PB-274. 295. 28 pp. (A02)
1978. Aerial census and population dynamics study of gray
whales in Baja California during the 1976 calving and mating
season. Final report for MMC contract MM6AC014. NTIS
PB=275. 2970~ 20, pp. (A003)
Geraci; “a-.R. and Dis St. Aubin: 1979. The biology of marine
mammals: insights through strandings. Final report for MMC
contract MM7ACO20. NTIS PB-293 890. 343 pp. (A16)
, S.A. Testaverde, D.J. St. Aubin, and T.H. Loop. 1978. A
mass stranding of the Atlantic whitesided dolphin,
Lagenorhynchus acutus: a study into pathobiology and life
history. Final report for MMC contract MM5AC008. NTIS
PB-289 361. 165 pp. (A08)
Gilbert, J.R., V.R. Schurman, and D.T. Richardson. 1979. Gray
seals in New England: present status and management
alternatives. Final report for MMC contract MM7AC002. NTIS
PB-295, 599% "40 pp. ‘(A03)
Gold, J. 1981. . Marine mammals: A selected bibliography. NTIS
PB82-104282. 91 pp. (A05)
= o5, S
Gonsalves, J.T. WOVE Improved method and device to prevent
porpoise mortality application of polyvinyl panels to purse
seine nets. Final report for MMC contract MM6AC0O07. NTIS
PB-275 088. 28 pp. (A03)
Goodman, D. 1978. Management implications of the mathematical
demography of long-lived animals. Final report for MMC
contract MM8AD008. NTIS PB-289 678. 80 pp. (A05)
Green, K.A. 1977. Antarctic marine ecosystem modeling revised
Ross Sea model, general Southern Ocean budget, and seal
model. Final report for MMC contract MM6AC032. NTIS PB-270
3756: eld pps (AUG)
Green Hammond, K.A. 1980. Fisheries management under the
Fishery Conservation and Management Act, the Marine Mammal
Protection Act, and the Endangered Species Act. Final
report for MMC contract MM1300 885-3. NTIS PB80-180 599.
186 pp. _(A09)
UO 5 Requirements for effective implementation of the
Convention on the Conservation of Antarctic Marine Living
Resources. Final report for MMC contract MM2079173-9. NTIS
PBS2=123571. 36 pp, (A03)
uO 2% Environmental aspects of potential petroleum
exploration and exploitation in Antarctica: Forecasting and
evaluating risks. Final report for MMC contrace
MM2 07,9101 39 NS @P BS 2a O97 Zio © e228 DD eas (AUS)
Herman; e bey jetb Hie Horestelil, sandsek Ga. Antonia 1980. The
1976/77 migration of humpback whales into Hawaiian waters:
composite description. Final report for MMC contracts
MM7AC0O14 and MM1300907-2. NTIS PB80-162 332. 55 pp. (A04)
Hotmanyay Rew.) (Gato) 1979. A workshop to identify new
research that might contribute to the solution of a
tuna-porpoise problem. Proceedings of a Marine Mammal
Commission-sponsored workshop held on 8 and 9 December 1975,
at sche University sof wCalla fornia,» Santas iGruizi. NTIS PB-290
U5 645 oel depper pi (A02)
1982. Identification and assessment of possible
alternative methods for catching yellowfin tuna. NTIS
PBS 139933 —he243) pp (ALA)
Huber, H.R., D.G. Ainley, S.H. Morrell, R.R. LeValley, and C.S.
Strong. IS) Studies of marine mammals at the Farallon
islands ,... .Calrfornia..1977=1978 ; Final report for MMC
contract MM7ACO25. NITTS PB=-110' 602. 50 pp.» a(A04)
ADEGe » Aaniley, SiH wMorceddl, Rid «8 sBOeCKethenide sandman. bi
Henderson. 1980. Studies of marine mammals at the Farallon
Islands, California, 1978-1979. Final report for MMC
contract MM1300888-2. NTIS PB80-178 197. 46 pp. (A04)
= Qu
, D.G. Ainley, R.J. Boekelheide, R.P. Henderson, and B.
Bainbridge. UWOBIbS Studies of marine mammals at the
Farallon Islands, California, 1979-1980. Final report for
MMC contract MM1533599-3. NTIS PB81-167082. 51 pp. (A04)
Huis peiGe.A. 1978. Reliability of using dentin layers for age
determination in Tursiops truncatus. Final report for MMC
contract MM7AC0O21. NTIS PB-288 444. 25 pp. (A03)
mEWINe), eAwiBie? EM. D). soCOce,, RoS.waWeLls, Jena Kautmann, and Wer.
Evans. 1979. A study of the activities and movements of
the Atlantic bottlenosed dolphin, Tursiops truncatus,
including an evaluation of tagging techniques. Final report
for MMC contracts MM4AC004 and MM5AC0O18. NTIS PB-298 042.
54 pp. (A04)
Johnson, B.W. and P.A. Johnson. 1978. The Hawaiian monk seal on
Laysan Island: Wee Final report for MMC’ contract
MM7ACO09. NTIS PB-285428. 38 pp. (A03)
1981. Estimating the Hawaiian monk seal population on
Laysan Island. Final report for MMC contract MM15337014.
NTIS PB82-109398. 79 pp. (A005)
LOS. The Hawaiian monk seal on Laysan Island: ILS) 7/{S} &
Final report for MMC contract MM8AC008. NTIS PB82-109661.
17 pp. (A02)
Johnson, M.L. and S.J. Jeffries. 1977. Population evaluation of
the harbor seal (Phoca vitulina richardi) in the waters of
the State of Washington. Final report for MMC contract
MM5AC019. NTIS PB-270 376. 27 pp. (A03)
Kasuya, T. and Y. Izumizawa. 1981. The fishery-dolphin conflict
in the Iki Island area of Japan. Final report for MMC
COntGTacteyMMilSsS/9ilt—7 NIG SP Bed iS 57). Sle pp ea(A03))
Katona, S.K. and S. Kraus. 1979. Photographic identification of
individual humpback whales. (Megaptera novaeangliae):
evaluation and analysis of the technique. Final report for
MMC contract MM7AC0O15. NTIS PB-298 740. 29 pp. (A003)
Kooyman, G.L. 1982. Development and testing of a time-depth
recorder for marine mammals. Final report for MMC contract
MM6AC019. NTIS PB82-257932. 10 pp. (A02)
Leatherwood, J.S., R.A. Johnson, D.K. Ljungblad, and W.E. Evans.
1977. Broadband measurements of underwater acoustic target
strengths of panels of tuna nets. Final report for MMC
contract MM6AC020. Naval Ocean Systems Center Tech. Report
26 re » LO ep pic a
‘3 Available from the Naval Ocean Systems Center, San Diego,
California 92152.
= 9gre
Loughlin, T. 1978. A telemetric and tagging study of sea otter
activities near Monterey, California. Final report for MMC
contract MM6AC024. NTIS PB-289 682. 64 pp. (A04)
Marine Mammal Commission. 1974. Annual Report of the Marine
Mammal Commission, Calendar Year 1973. Report to Congress.
NTIS PB-269 709. 14 pp. . (A03)
LCV7/ Sy ¢ Annual Report of the Marine Mammal Commission,
Calendar Year 1974. Report to Congress. NTIS PB-269 710.
27 pp. (A04)
LSTA Gye Annual Report of the Marine Mammal Commission,
Calendar Year 1975. Report to Congress. NTIS PB=-269 711.
50 pp. (A04) ‘
LI Tc Annual Report of the Marine Mammal Commission,
Calendar Year 1976. Report to Congress. NTIS PB=-269 713.
Ti ipp ap. (A06)
1978. Annual Report of the Marine Mammal Commission,
Calendar Year 1977. Report to Congress. NTIS PB-281 564.
1LOMssppit Ca(A06)
UOMO Annual Report of the Marine Mammal Commission,
Calendar Year 1978. Report to Congress. NTIS PB-106 784.
108 pp. (A06)
1980. Humpback whales in Glacier Bay National Monument,
Alaska. Final report for an interagency review meeting.
NELS“PBS 014d 255917 244. 4 , (AOS)
1981. Annual report of the Marine Mammal Commission,
Calendar Year 1979. Report to Congress. NTIS PB81-247892.
FOO *pp-2” (A06')
LS iSily. Annual report of the Marine Mammal Commission,
Calendar Year 1980. Report to Congress. NTIS PB81-247884.
114 pp. (A06)
1982. Annual Report of the Marine Mammal Commission,
Calendar Year 1981. Report to Congress. NTIS PB82-221 425.
LOA FO (YNDG)
1982. Report of a meeting to review on-going and planned
research concerning humpback whales in Glacier Bay and
surrounding waters in southeast Alaska. Final report of an
interagency meeting. NTIS PB82-201039. 20 pp. (A02)
Mate, B.R. 1977. Aerial censusing of pinnipeds in the eastern
Pacific for assessment of population numbers, migratory
distributions, rookery stability, breeding effort, and
recruitment. Final report for MMC contract MM5AC0O01. NTIS
PB=2651859 "4679 pp. -(A04)
- 94 -
1980. Workshop on marine mammal-fisheries interactions in
the northeastern Pacific. Final report for MMC contract
MM8AC003. NTIS PB80-175 144. 48 pp. (A04)
Mathisen, O.A. ILS SHO) 5 Methods for the estimation of krill
abundance in the Antarctic. Final report for MMC contract
MM7ACO32. NTIS PB80—-175 151. 26 pp. (A03)
Matkitny (© Ol Gwasl idles Fay. 1980. Marine mammal-fishery
interactions on the Copper River and in Prince William
Sound, Alaska, OFS i Final report for MMC’ contract
MM8AC013. NTIS PB80-159 536. 71 pp. (A05)
Mayo, C.A. 1982. Observations of cetaceans: Cape Cod Bay and
southern Stellwagen Bank Massachusetts 1975-1979. Final
report for MMC contract MM1800925-5. NTIS PB82-186263. 68
pp. (A05)
ihiskiilerer veelinglkou ALS) Wt} 5 Energetics of the northern fur seal in
relation to climate and food resources of the Bering Sea.
Final report for MMC contract MM5AC025. NTIS PB-275 296.
2 pe | (N05)
Nolan, Rese 9A: Shark control and the Hawaiian monk seal.
Final report FON MMC contract MM1801065-5. NTIS
PB81-201808. 45 pp. (A03)
Norris, K.S. and J.D. Hall. 1979. Development of techniques for
estimating trophic impact of marine mammals. Final report
for MMC contract MM4AC013. NTIS PB-290 399. 16 pp. (A02)
and R.R. Reeves (Editors). 1978. Report on a workshop
on problems related to humpback whales (Megaptera
novaeangliae) in Hawaii. Final report for MMC contract
MM7ACOTS = NTIS PB-280- 794. «"30" ‘pp... - (A054)
, Wh. ostuntz, and "Wa" Rogers. OH 8i The behavior of
porpoises and tuna in the Eastern Tropical Pacific yellowfin
tuna fishery: preliminary studies. Final report for MMC
contract MM6AC022. NTIS PB-283 970. 86 pp. (A05)
OC hip iDiolSom LOTOc A preliminary study of the ecology and
population biology of the bottlenose dolphin in southeast
Florida. Final report for MMC contract MM4ACO003. NTIS
PB=-294 336. 26 pp. (A03)
and J.E. Reynolds, III. 1980. Abundance of the bottlenose
dolphin, Tursiops truncatus. Final report for MMC contract
MM5AC0O26. NTIS PB80-197 650. 47 pp. (A04)
, D.B. Siniff, and G.H. Waring. 1979. Tursiops truncatus
assessment workshop. Finals report -for @4MMe* contract
MMSACO21T” NIITS’ PB=291" Vol . 141 "pp 2 9*(A07)
= 957 =
Packard, J.M. 1982. Potential methods for influencing the
movements and distribution of sea otters: Assessment of
research needs. Final report for MMC contract MM2079342-3.
NTIS PB83-109926. 51 pp. (A04)
Payne, R., O. Brazier, E. Dorsey, J. Perkins, V. Rowntree, and A.
Titus. 1981. External features in southern right whales
(Eubalaena australis) and their use in identifying
individuals. Final report of MMC contract MM6AC017. NTIS
PB81-161093. 77 pp. (A05)
Pitcher, K.W. 1977. Population productivity and food habits of
harbor seals in the Prince William Sound-Copper River Delta
area, Alaska. Final report for MMC contract MM5AC0O11. NTIS
PB=266 9355) 364pp<14(A03.)
Prescott, W.Hs sands PME Tone a5. 1980. Review of the harbor
porpoise (Phocoena phocoena) in the U.S. northwest Atlantic.
Final report for MMC contract MM8AC016. NTIS PB80-176 928.
64 pp. (A04)
PlESeDie Krause and Weaken Gilbert. 1980. East Coast/Gulf
Coast cetacean and pinniped workshop. Final report for MMC
contract MM1533558-2. NTIS PB80-160 104. 142 pp. (A07)
Ralston, F. (Editor). NSIT c A workshop to assess research
related to the porpoise/tuna problem, February 28 and March
1-2. Southwest Fisheries Center Administrative Report
LJ-77-15. Final report for MMC contract MM7AC022. 119 pp.,
6 appendices. *
RayincG.C., R.V.s Salm, and J.A..Dobbin. .1979. Systems. analysis
Mapping: An approach towards identifying critical habitats
of marine mammals. Final report for MMC contract MM6ACO011.
NTIS PB80-111 594. 27 pp. (A003)
Reeves, R.R. 1977. Exploitation of harp and hooded seals in the
western North Atlantic. Final report for MMC contract
MM6AD055. NTIS PB-270 186. 57 pp. (A04)
1977. The problem of gray whale (Eschrichtius robustus)
harassment: at the breeding lagoons and during migration.
Final report for MMC contract MM6AC021. NTIS PB=272 506
(Spanish translation PB-291 763). 60 pp. (A04)
Ridgway, S.H. and K. Benirschke (Editors). VOW tee Breeding
dolphins: status, suggestions for the future. Final report
for MMC contract MM6AC009. NTIS PB-273 673. 308 pp. (A14)
* Available from Director, National Marine Fisheries Service,
Southwest Fisheries Center, La Jolla, California 92038.
= 06h =
and W.F. Flanigan, Jr. 1981. Investigation of potential
method for the humane taking of certain whales and seals
used for food. Final report for MMC contract MM6AC030.
REIS AV oiGillOl, NA jyaq (N02)
Risebrough, R.W. 18)7/8) - Pollutants in marine mammals: a
literature review and recommendations for research. Final
report for MMC contract MM7AD035. NTIS PB=290: 728..; 64 pp.
(A04)
moe De Alcorn, SiGe. Allen; Vises Andermlimnit lL BOOLeH aRepliT.
DeLong, L.E. Francher, R.E. Jones, S.M. McGinnis, and T.T.
Schmidt. 1980. Population biology of harbor seals in San
Francisco Bay, California. Final report for MMC contract
MM6ACO06. NTIS PB81-107 963. 67 pp. (A04)
Sawyer-Steffan, J.E. and V.L. Kirby. USS0Roy Aly Ssitudyao® sserum
steroid hormone levels in captive female bottlenose
dolphins, their correlation with reproductive status, and
their application to ovulation induction in captivity.
Final report for MMC contract MM7AC0O16. NTIS PB80-177 199.
21 pp. (A03)
Schmidly, D.J. and S.H. Shane. 1978. A biological assessment of
the cetacean fauna of the Texas coast. Final report for MMC
contract MM4AC008. NTIS PB-281 763. 38 pp. (A03)
SCOCEPE G- Pe AndeeH Ff anWwinn. 1980. Comparative evalution of
aerial and shipboard sampling techniques for estimating the
abundance of humpback whales (Megaptera novaeangliae).
Final report for MMC contract MM7AC029. NTIS PB81-109 852.
96 pp. (A06)
Shallenberger, E. 1981. The status of Hawaiian cetaceans.
Final report for MMC contract MM7AC028. NTIS PB82-109398.
79 pp. (A05)
Shane, S.H. and D.J. Schmidly. 1978. The population biology of
the Atlantic bottlenose dolphin, Tursiops truncatus, in the
Aransas Pass area of Texas. Final report for MMC contract
MM6AC028. NTIS PB-283 393. 130 pp. ~-(A07)
Smith, T.D. USS). Uncertainty in estimating historical
abundance of porpoise populations. Final report for MMC
contract MM7AC0O06. NTIS PB-296 476. 59 pp. (A04)
Stoker, S.W. 1977. Report on a subtidal commercial clam fishery
proposed for the Bering Sea. Final report for MMC contract
MM/7AD076%.. .NTIS°PB=269 712. 33 pp. ‘(A03)
Stuntz, W.E. 1980. Preliminary investigations of the possible
relationship between passive behavior by spotted dolphins,
Stenella attenuata, and capture stress. Final report for
MMC contract MM7AC0O27. NTIS PB81—- 111569. 13 pp. (A02)
=O =
Swartz, S.L. and W.C. Cummings. 1978. Gray whales, Eschrichtius
robustus, in Laguna San Ignacio, Baja California, Mexico.
Final report for MMC contract MM7AC008. NTIS PB-276 319
(Spanish translation PB-288 636). Sits} Joyo) (A03) (A04
Spanish)
and M.L. Jones. 1978. The evaluation of human activities
on gray whales, Eschrichtius robustus, in Laguna San
Ignacio} SBaja 7 California,’ Mexico? Final report for MMC
contract MM8AC005. NTIS PB-289 737 (Spanish translation
PB-299 598). 34 pp. (A03)
and M.L. Jones. 1980. Gray whales, Eschrichtius robustus,
during the 1977-1978 and 1978-1979 winter seasons in Laguna
San) Ignacio ‘Baja «Californias Sur, Mexico.s% Final-xreport for
MMC contract MM1533497-8. NTIS PB80-202 989. 35 pp. (A03)
and M.L. Jones. 1981. Demographic studies and habitat
assessment of gray whales, Eschrichtius robustus, in Laguna
San Ignacio, Baja California Sur, Mexico. Final report for
MMC contract MM2079219-4. NTIS PB82-123373. 56 pp. (A04)
Swartzman, G. and R. Haar. 1980. Exploring interactions between
fur seal populations and fisheries in the Bering Sea. Final
report for MMC contract MM1800969-5. NTIS PB81-133688. 60
pp. (A04)
Taylor, L.R. «and G. Naftel. 1978. Preliminary investigations o£
shark predation on the Hawaiian monk seals at Pearl and
Hermes Reef and French Frigate Shoals. Final report for MMC
contract MM7AC0O11. NTIS PB-285 626. 34 pp. (A03)
Waring, G.H. 1981. Survey of federally-funded marine mammal
research and studies FY70-FY79. Final report for MMC
contract MM1533588-3. NTIS PB81-174336. 235 pp. (A11)
IS esa Survey of federally-funded marine mammal research
and studies’ FY70 ‘= FY80. Final report for MMC contract
MM1801196-8. NTIS PB81-242059. 43 pp. (A03)
1982. Survey of federally-funded marine mammal research and
Scudeis|, SE Y/0lRe— ES 4ss Final ¢ @reporet) V£or , > MMC sicontrace
MM2079243-6. NTIS PB82-227570. 65 pp. (A04)
Wartzok, D. and G.C. Ray. 1980. The hauling-out behavior of the
Pacific walrus. Final report for MMC contract MM5AC028.
NTIS PB80-192 578. 46 pp. (A04)
Wells, RS. ,1°B.G..oWursig,; (and. K.S.o;Norris.:/ 1981 6 sAgsurvey of
the marine mammals of the upper Gulf of California, Mexico,
with an assessment of the status of Phocoena sinus. Final
report for MMC contract MM1300 958-0. NTIS PB81-168791. 51
pp. (A04)
= (OG =
Whitehead, H., D. Chu, PP.” Harcourt, and A- Alling. 1982. The
humpback whales off west Greenland: Summer 1981, with notes
on other marine mammals and seabirds sighted. Final report
for MMC, contract£ MM207/ 9:5259-2ec0 NTIS PB82-243924. 25 pp.
(A03)
and R. Payne. 1981. New techniques for measuring whales
from the air. Final report for MMC contract MM6AC017. NTIS
PB81-161143. 36 pp. (A03)
Williams, GU SID)c 1978 < Chemical immobilization, baseline
hematological parameters and oil contamination in the sea
otter. Final report for MMC contract MM7AD094. NTIS PB-283
S595 Bi jyN0 (VN0)s)))
Wilson, S.C. 1978. Social organization and behavior of harbor
seals, Phoca vitulina concolor, in Maine. Final report for
MMC contract MM6AC013. NTIS PB-280 188. 103 pp. (A06)
Woodhouse, C.D., R.K. Cowen, and L.R. Wilcoxen. 1977. A summary
o£) ‘Knowledge of thegjsea otter, Enhydra lJutess,; (ls an
California and an appraisal of the completeness of the
biological understanding of the species. Final report for
MMC contract MM6AC008. NTIS PB-270 374. 71 pp. (A04)
Wray, P. 1978. The West Indian manatee (Trichechus manatus) in
Florida: a summary of biological, ecological, and
administrative problems affecting preservation and
restoration of the population. Final report for MMC
contract MM8AD054. NTIS PB-285 410. 89 pp. (A005)
Yellin) .Map., C.R. Ageguan;- and J.-S: Pearse. 1977.5; .ecologicaL
benchmarks of the Santa Cruz kelp forests before the
re-establishment of sea otters. Final report for MMC
contract MM6AC029. NTIS PB-272 813. 125 pp. (A07)
= gore
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APPENDIX C
LITERATURE RESULTING FROM COMMISSION-SPONSORED
RESEARCH ACTIVITIES PUBLISHED ELSEWHERE
MIRE AG IG Cop (So So Prereopevei5 Isla Ils Wstbloysie, WS Wis Iyswets, tebevel So ele
Morrell. 1980. Predation by Sharks on Pinnipeds at the
Farallon Islands. Fishery Bulletin, (NOAA), v. 78: p.
941-945. (MMC Contracts MM4AC002, MM5AC027, MM6AC007,
MM7AC025, MM1300888-2).
Alten; MSG, DevG. eAunley),.tandld< 2 Wes bage: (In press). Factors
Affecting Haul-out of Harbor Seals in Bolinas Lagoon,
California. California Fish and Game. (MMC Contract
MM8ACO012).
Baker; G20 *Saivand | L590 9M.s sherman: 1981. Migration and Local
Movements of Humpback Whales (Megaptera novaeangliae)
through Hawaiian Waters. Canadian Journal of Zoology, v.
59: p. 460-469. (MMC Contract MM7AC014).
Barham, E. G., J. C. Sweeney, S. Leatherwood, R. K. Beggs, and C.
L. Barham. 1980. Aerial Census of the Bottlenose Dolphin,
Tursiops truncatus, in a Region of the Texas Coast. Fishery
Bulletin, (NOAA) ie aw ia: Pie 585-595. (MMC Contract
MM8ACO11).
Bilix eeeAR eS. mandy = Ke) ‘Madiier. 1979. Newborn Fur Seals
(Callorhinus ursinus) - Do They Suffer from the Cold?
American Journal of Physiology, v. 236: p. R322-327. (MMC
Contract MM5AC025).
Bockstoce, J. 1980. A Preliminary Estimate of the Reduction of
the Western Arctic Bowhead Whale Population by the Pelagic
Whaling Industry: 1848-1915. Marine Fisheries Review, v.
42: p. 20-27. (MMC Contract MM7AD111).
Breiwick, J. M. 1978. Reanalysis of Antarctic Sei Whale Stocks.
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the Marine Mammal Protection Act of 1972. Environmental Law
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GUILD Sie. 1De OW A Non-Lethal Lavage Device for Sampling
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Kooyman, G. L. and E. E. Sinnett. 1979. Mechanical Properties
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, J. R. Gilbert, and D. G. Chapman. 1978. An Evaluation of
Some Techniques for Aerial Censuses of Bottlenosed Dolphins.
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BoughLin,,oT »5R. 1979. Radio Telemetric Determination of the
24—Hour , Feeding, Activities Of —Seag,Otters,,shnhydraylutris-
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1980. Home Range and Territoriality of Sea Otters near
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Mead, J. G. LOW aire Records of Sei and Bryde's Whales from the
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Mater ,.) Leg Ky. 1 978\ Energetics of the Northern Fur Seal in
Relation to Climate and Food Resources of the Bering Sea.
(Abstract) Proceedings, Second Conference on the Biology of
Marine Mammals. San Diego, California. December 1977.
(MMC Contract MM5AC025).
Nafziger, J. A. R. 1978. The Management of Marine Mammals After
the Fishery Conservation and Management Act. Willamette Law
Journal, Vv. 14: p.,153-215. ««(MMC. Contract MM7ACOOL) -
Norris, K. S., R. Goodman, B. Villa-Ramirez, and L. Hobbs. 1977.
Behavior of California Gray Whales (Eschrichtius robustus)
in Southern Baja California, Mexico. Fishery Bulletin,
(NOAA), v. 75: p. 159-172. (MMC Contract MM5AC007).
Odell’, Di N- IL) 7/ 5) 6 Status and Aspects of the Life History of
the Bottlenose Dolphin, Tursiops truncatus, in Florida.
Journal of the Fisheries Research Board of Canada, v. 32:
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Odell, D. K. 1979. Distribution and Abundance of Marine Mammals
in the Waters of the Everglades National Park. Proceedings
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Pearse, .di-/ Sey Di" Pi. (Costa; .Mal'B. ;Yellun, and "C7 ORs. “Agegian.
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Perini, wewe Fhe) rand Ad) Co. Myzaicki Je. ea(Edittorn): 1980. Age
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PLVeErOttl, me! Jey DeoG. Aanley perience. Lewis, and: Me Cz sCoullter.
1977. Birth of a California Sea Lion on Southeast Farallon
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Pitcher, K. W. 1980. Food of the Harbor Seal, Phoca vitulina,
in the Gulf of Alaska. Fishery Bulletin, (NOAA), v. 78:
p.- 544-549. (MMC Contract MM5ACO011).
1980. Stomach Contents and Feces as Indicators of Harbor
Seal, Phoca vitulina, Foods in the Gulf of Alaska. Fishery
Bulletin, (NOAA), v. 7.8: ape 797-798. (MMC Contract
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RAY oGeeG. , Jie vA sDObbin) andweRen Vieeoalin. 1978. Strategies for
Protecting Marine Mammal Habitat. Oceanus, v. 21: p. 55-67.
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Scott, G. P. and H. E. Winn. 1978. Assessment of Humpback Whale
(Megaptera novaeangliae) Stocks Using Vertical Photographs.
Proceedings PECORA IV Symposium, National Wildlife Science
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Sergcceeins, Wo Me, Wo ws Stes pNbleplin, elavel Wo Io Cerceresl, IO, IsitS
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Shaughnessy, P. D. and F. H. Fay. NWSI 6 A Review of the
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Smith, T. D. 1976. The Adequacy of the Scientific Basis for the
Management of Sperm Whales. Advisory Committee on Marine
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15 pp. (MMC Contract MM6AD047).
= L05e—
Smith, T. and T. Polacheck. 1979. Analysis of a Simple Model
for Estimating Historical Population Sizes. Fishery
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Swant2ypagoi. ali ibe eye Cleaning Symbiosis between Topsmelt,
Atherinops affinis, and Gray Whales, Eschrichtius robustus,
in Laguna San Ignacio, Baja California Sur, Mexico. Fishery
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Boat Survey Techniques for Gray Whales, Eschrichtius
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Taylor, L. R., P. A. Johnson, B. W. Johnson, and G. Naftel. (In
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Tricas, T. C., L. R. Taylor, and G. Naftel. 1981. Diel Behaviors
of the Tiger Shark, Galeocerdo cuvier, at French Frigate
Shoals, Hawaiian Islands. Copeia,. (viel V198L:% p.1904=-908
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VanWagenen, R., M. Foster, and F. Burns. (1981). Sea Otter
Predation on Birds near Monterey, California. Journal of
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Villa-R., B. 1976. Report on the status of Phocoena sinus,
Norris and McFarland 1958, in the Gulf of California. An.
Inst. Biol. Univ. Nal. Auton. Mexico, Ser. Zoologia, v. 47:
p.- 203-208. (MMC Contract MM6AD052).
= 106.-