Skip to main content

Full text of "Annual report of the Marine Mammal Commission : a report to Congress"

See other formats


{ 


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 
rs PN EEOGUC ETON arere cise: «ener sialenebsiions) © © sie aianeiehsieie ale suelcisiaiels Secsns) oo aL 
BACKG EC Use sa mcieie aiie ae aie « s saie aie ais alahs s 6 6 o.a.0ie,6 6.0 S18 a 
PEELS OMIUC weper tetctetcieve/ casuals) eo) a) spereraiey s)ciiere clerelsiare © sicnareiereie ie af 
EUs peer ere) are an eeie is = aint toes © aie aie cla G)s\eaie == SOe aie ¢vaves 2 
AIL Reseanch) ands studvesmProgicalic< ss) =\clols! 1s eisteiois seas cle Seceas 
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 


ui) 


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 


NATIONAL TECHNICAL INFORMATION SERVICE 


CURRENT PRICE LIST 1/ 


Prices 

Domestic Foreign 

(United States (All Other 
Price Canada Countries) 
Code Mexico) 
AOl (Microfiche) Seed 50 San 9e00 
A02 7.00 14.00 
A03 8.50 17.00 
A04 10.00 20.00 
A05 aS Sy) 23.00 
A06 13.00 26.00 
A07 14.50 29.00 
AO08 16.00 32.00 
A09 1750 35.00 
A100 19.00 38.00 
Ail 20.50 41.00 
Al2 225 010 44.00 
Al3 2335.0 47.00 
Al4 25.00 50.00 
Al5 26.50 53.00 
Alo 28.00 56.00 
Ai7 2915 50 59.00 
Al8 31.00 62.00 
Al9 B2). 50 65.00 
A20 34.00 68.00 
A21 SSE SO) 71.00 
A22 B71 010 74.00 
A23 38.50 77.00 
A24 40.00 80.00 
A25 Al. 510 83.00 
A99 Df, 2/ 


Each report, regardless of length, is available in 
microfiche at the base prices listed for code A0Ol. 

All prices include postage and are given in U.S. 
currency. When ordering, include the NTIS accession 
number (e.g., PB-265 547). Make checks and money 
orders payable to the National Technical Information 
Service. Address: 5285 Port Royal Road, Springfield, 
Virginia 22161, U.S.A. 


Write NTIS for price quotation. 


= 100 = 


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. 
Report of the International Whaling Commission, v. 28: p. 
345-368. (MMC Contract MM7ACO012). 


PEEP eb.)  Mattchelivasand. (DeG.e chapman. 1980. Estimated 
Initial Population Size of the Bering Sea Stock of Bowhead 
Whale, Balaena mysticetus: An Iterative Method. Fishery 
Bulletin, (NOAA), Vv. Wee Pp. 843-853. (MMC Contract 
MM8ACO007). 


Ciliasis, WilwG. 1981. Restricted Least-squares Estimates of Age 
Composition from Length Composition. Canadian Journal of 
Fisheries and Aquatic Science, v. 38: p. 297-307. (MMC 
Contract MM1533439-2). 


(In press). Historical Rates of Recruitment to Southern 


Hemisphere Fin Whale Stocks. Report of the International 
Whaling Commission, v. 32. (MMC Contract MM1533439-2). 


lO 


Clark, Wa Gi. (In press). Antarctic Fin Whale Recruitment Rates 
Inferred from Cohort Analysis. Proceedings, Conference on 
Cetacean Reproduction, La Jolla, ILOsyal (MMC Contract 
MM1533439-2). 


(In press). Early Changes in the Recruitment Rates of 
Antarctic Minke Whales Inferred from Recent Age 
Distributions. Report of the International Whaling 
Commission, v. 32. (MMC Contract MM1533439-2). 


Coc,” JsekeeFtand-W. -E2PeStuntz: 1980. Passive Behavior by the 
Spotted Dolphin, Stenella attenuata, in Tuna Purse Seine 
Nets] | Fishery Bulletins (NOAA) vin 78: p58 5=—537- (MMC 
Contract MM6AC022). 


Costa, Dire. MORI Sr The Sea Otter: Its Interaction with Man. 
Oceanus, v. 21: p. 24-30. (MMC Contract MM6AA-053). 


1982. Energy, Nitrogen, and Electrolyte Flux and Sea Water 
Drinking in the Sea Otter, Enhydra lutris. Physiological 
Zoology, v. 55: p. 35-44. (MMC Contract MM6AA053). 


Gowen, JReeoK. 7G Roe Agegvan;, andiiM. aiSisoroster: 1982. The 
Maintenance of Community Structure in a Central California 
Giant Kelp Forest. Journal of Experimental Marine Biology 
and Ecology, v. 64: p. 189-201. (MMC Contract MM7AC023). 


Eberhardt JoL. Le/-Ds GierChapman; jand/iJsuR. ecribert: 1979. A 
Review of Marine Mammal Census Methods. Wildlife 
Monographs, No. 63. 46 pp. (MMC Contract MM4AC014). 


Foster, M. 1982. The Regulation of Macroalgal Associations in 
Kelp Forests. Pp. 94185= 205.wo ine ii Srivastava a(Edi ton). 
Synthetic and Degradative Processes in Marine Macrophytes. 
W. de Gruyter and Company, Berlin. (MMC Contract MM7AC023). 


Fowler, C. W. 1980. A Rationale for Modifying Effort by Catch, 
Using the Sperm Whale of the North Pacific as an Example. 
Ppa. 599102. In Reports of the International Whaling 
Commission, Special Issue 2. (MMC Contract MM8ACO009). 


1981. Density Dependence as Related to Life History 
Strategy. ECOLOGYs) Lave 802i Bape yOO2—6Ole (MMC Contract 
MM7AC013). 


1981. Comparative Population Dynamics in Large Mammals. 
Pp. 437-455. In -Fowler, C.. Wsecand T. D. Smith (Editor) 
Dynamics of Large Mammal Populations. John Wiley and Sons, 
Inc., New York (MMC Contract MM1300730-4). 


Gaines, S. E. and D. Schmidt. 1976. Wildlife Management under 
the Marine Mammal Protection Act of 1972. Environmental Law 
Reporter. Pp. 50096-50114. (MMC Contract MM5AC029). 


= 102 = 


GUILD Sie. 1De OW A Non-Lethal Lavage Device for Sampling 
Stomach Contents of Small Marine Mammals. Fishery Bulletin, 
(NOAA), ve 77: pe. 653—656 (MMC Contract MM4AC013). 


Herman, L. M. 1979. Humpback Whales in Hawaiian Waters: A Study 
in Historical Ecology. Pace = (Science Pave mooie pee L—liS% 
(MMC Contract MM7AC014). 


and R. C. Antinoja. 1977. Humpback Whales in the Hawaiian 
Breeding Waters: Population and Pod Characteristics. 
Scientific Report of the Whales Research Institute No. 29: 
Doe DIS D6 (MMC Contract MM7AC014). 


Huber, Hees Dis Ge \Atniley wandeS He (Mormselslee O82) ae Suightames 
of Cetaceans in the Gulf of the Farallones, California, 
1971-1979. © California Fish and Game, v. 68: p.,°183=189. 
(MMC Contract MM1300888-2). 


iba (GG ING 1980. Variability of Dentin Deposits in Tursiops 
truncatus. Canadian Journal of Fisheries and Aquatic 
Science, v. 37: p. 712-716. (MMC Contract MM7AC021). 


irvine, As Be; Mo "Di. SCOLE,; Re Se Wells, @andsdigeH: Kautman.) 198i 
Movements and Activities of the Atlantic Bottlenose Dolphin, 
Tursiops truncatus, near Sarasota, Florida. Fishery 
Bulletin, (ONY GB  A¥s VOB To OV/U SOE. (MMC Contracts 
MM4AC004 and MM5AC018). 


eke o. Welis= and. M: "Dim SCOLE. 1982. An Evaluation of 
Techniques for Tagging Small Odontocete Cetaceans. Fishery 
Bulletin, (NOAA) Fe = visas SOs ap eso — 14sec (MMC Contracts 
MM4AC004 and MM5ACO18). 


Johnson) —Pe Ae Be We wohnson, — and) si.) RR. -Layloxr: 1981. 
Interisland Movement of a Young Hawaiian Monk Seal between 
Laysan Island and Maro Reef. YElepavioy = vice 410 ea pie ht Sar 
(MMC Contracts MM7AC009 and MM8ACO08). 


KOOVIMany Gite Lie anGl yen Hmm C Orne dilie 1981. Flow Properties of 
Expiration and Inspiration in a Trained Bottle-Nosed 
Porpoise. Physiologucales Zoology, ) svi © SD pe Do—Ole (MMC 
Contract MM4AC012). 


po Re be (Gentry, . and Dali. Uso. 1976. Northern Fur 
Seal Diving Behavior: A New Approach to its Study. 
Science, v. 193: p. 411-412. (MMC Contract MM6ACO019). 


, Ke See NOcrELs; and= Rok. Gentuy. § 1975. eSpoutrtomethe Gray, 
Whale: Its Physical Characteristics. Science, v. 190: p. 
108-110. (MMC Contract MM4AC012). 


andr? E.- (Samnnete: 1977. Mechanical Properties of the 
Harbor Porpoise Lung (Abstract). Proceedings International 
Union Physiological Science, July 18-23, Paris. (MMC 
Contract MM4ACO012). 


= 0S) = 


Kooyman, G. L. and E. E. Sinnett. 1979. Mechanical Properties 
of the Harbor Porpoise Lung. Respiratory Physiology, v. 36: 
p. 287-300. (MMC Contract MM4AC012). 


Leatherwood, S. 1975. Some Observations of Feeding Behavior of 
Bottle-Nosed Dolphins (Tursiops truncatus) in the Northern 
Gulf of .Mexico..and (Tursiops (c£ooTangilli) .offpSouthern 
California, Baja California, and Nayarit, Mexico. Marine 
Fisheries Review, v. 33: p. 10-16. (MMC Contract MM6ACO001). 


, J. R. Gilbert, and D. G. Chapman. 1978. An Evaluation of 
Some Techniques for Aerial Censuses of Bottlenosed Dolphins. 
Journal of Wildlife Management, v. 42: p. 239-250. (MMC 
Contract MM8ACO01). 


BoughLin,,oT »5R. 1979. Radio Telemetric Determination of the 
24—Hour , Feeding, Activities Of —Seag,Otters,,shnhydraylutris- 
Pp. 71/-724. in Anllaner-Jzu., GC. J. and De Wl \McDenaldayee 


Handbook on Biotelemetry and Radio-Tracking. Pergamon 
Press, Oxford and New York. (MMC Contracts MM6AC004 and 
MM6AC024). 


1980. Home Range and Territoriality of Sea Otters near 
Monterey, California. Journal of Wildlife Management, v. 
44: p. 576-582. (MMC Contracts MM6AC004 and MM6AC024). 


Mead, J. G. LOW aire Records of Sei and Bryde's Whales from the 
Atlantic Coast of the United States, the Gulf of Mexico and 
the Caribbean. Pp sels AG. In International Whaling 
Commission, Special Issue No. l. Report of the Special 
Meeting of the Scientific Committee on Sei and Bryde's 
Whales, La Jolla, California. December 1974. (MMC Contract 
MM7AC007) . 


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: 
p- 1055-1058. (MMC Contract MM4AC003). 


- 104 - 


Odell, D. K. 1979. Distribution and Abundance of Marine Mammals 
in the Waters of the Everglades National Park. Proceedings 
of the First Conference on Research in National Parks., 
USDI, NPS, Transactions Proceedings Series., No. Se 
p. 673-678. (MMC Contract MM4AC003). 


Pearse, .di-/ Sey Di" Pi. (Costa; .Mal'B. ;Yellun, and "C7 ORs. “Agegian. 
OWT Localized Mass Mortality of Red Sea Urchin, 
Strongylocentrotus franciscanus, Near Santa Crazy 
California. Fishery Bulletin, (NOAA), v. 53: p. 645-648. 
(MMC Contract MM6AC029). 


Perini, wewe Fhe) rand Ad) Co.  Myzaicki Je. ea(Edittorn): 1980. Age 
Determination of Toothed Whales and Sirenians. 
International Whaling Commission, Special Issue No. 3. 229 
pp. (MMC Contract 8AC004). 


PLVeErOttl, me! Jey DeoG.  Aanley perience. Lewis, and: Me Cz sCoullter. 
1977. Birth of a California Sea Lion on Southeast Farallon 
Island California Fish and Game, v. 63: p. 64-65. (MMC 
Contract MM4AC002). 


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 
MM5ACO011). 


RAY oGeeG. , Jie vA sDObbin) andweRen Vieeoalin. 1978. Strategies for 
Protecting Marine Mammal Habitat. Oceanus, v. 21: p. 55-67. 
(MMC Contract MM6ACO011). 


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 
and Technology Series 3: p. 235-243. (MMC Contract 
MM7AC029). 


Sergcceeins, Wo Me, Wo ws Stes pNbleplin, elavel Wo Io Cerceresl, IO, IsitS 
History and Northwest Atlantic Status of the Atlantic 
White-Sided Dolphin, Lagenorhynchus-= acutus. Cetology, 
v. 37: p. 1-12. (MMC Contract MM5AC008). 


Shaughnessy, P. D. and F. H. Fay. NWSI 6 A Review of the 
Taxonomy and Nomenclature of North Pacific Harbour Seals. 
JOuUEn aly OE ZOOLOGY.) HONG: sueavicnene LO S)2) wD SO D4) (MMC 
Contract MM4ACO005). 


Smith, T. D. 1976. The Adequacy of the Scientific Basis for the 
Management of Sperm Whales. Advisory Committee on Marine 
Resources Research Scientific Consultation on Marine 
Mammals, 121, Bergen, Norway, 31 August - 9 September 1976. 
15 pp. (MMC Contract MM6AD047). 


= L05e— 


Smith, T. and T. Polacheck. 1979. Analysis of a Simple Model 


for Estimating Historical Population Sizes. Fishery 
Bulletin, (NOAA), v. TAS [)c UU MOTT Shs (MMC Contract 
MM7ACO006). 


Swant2ypagoi. ali ibe eye Cleaning Symbiosis between Topsmelt, 
Atherinops affinis, and Gray Whales, Eschrichtius robustus, 
in Laguna San Ignacio, Baja California Sur, Mexico. Fishery 
Bulletin, (NOAA), v. 79: p. 360. (MMC Contracts MM8AC005 and 
MM1533497-8). 


and M. L. Jones. (In press). The Winter Occupation of 
Laguna San Ignacio by Breeding Gray Whales, Eschrichtius 
robustus. Journal of Mammalogy. (MMC Contract MM8ACO005). 


and M. &. Jones. (In press.) Comparison of Aerial and 
Boat Survey Techniques for Gray Whales, Eschrichtius 
robustus, in Laguna San Ignacio, Baja California Sur, 
Mexico. Journal of Mammalogy. (MMC Contract MM8AC005). 


Taylor, L. R., P. A. Johnson, B. W. Johnson, and G. Naftel. (In 
press). Aggregations of Gray Reef Sharks (Carcharhinus 
amblyrhynchus) in Shallow Waters of the Northwestern 
Hawaiian Islands. Copeia. (MMC Contracts MM7AC009 and 
MM7ACO0O11). 


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 
(MMC Contract MM7ACO011). 


VanWagenen, R., M. Foster, and F. Burns. (1981). Sea Otter 
Predation on Birds near Monterey, California. Journal of 
Mammalogy, v. 62: p. 433-434. (MMC Contract MM7AC023). 


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.-