[From the U.S. Government Printing Office, www.gpo.gov]





                  MARINE MAMMAL COMMISSION




                                 Annual Report to Congress

                                                 1991


                                                          VIC MECDON






            QL
            713.2                     Marine Mammal Commission
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             1992                    1825 Connecticut A-ventie, NAV.
                                        Washington, D.C. 20009

                                            31 january 1992





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             MARINE MAMMAL COMMISSI
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                          Annual Report to Congress

                                        1991





















                              Marine Mammal Commission
                             1825 Connecticut Avenue, N.W.
                                Washington, D.C. 20009

                                    31 January 1992








                                                       Table of Contents



               List of Tables    ....................................................                                iii
               Fxecutive Summary       ................................................                              v

               1. Introduction    ...................................................                                 1
                       Personnel    ...................................................                               1
                       Funding    ...................................................                                 I

               H. Species of Special Concern      .........................................                           3
                       West Indian Manatee    ...........................................                             3
                       Hawaiian Monk Seal     ...........................................                            15
                       Steller Sea Lion  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24
                       Harbor Seal in Alaska    ..........................................                           31
                       North Pacific Fur Seal   ..........................................                           32
                       Pacific Walrus   ...............................................                              37
                       Sea Otter    ..................................................                               43
                       Polar Bear   .................................................                                47
                       Northern Right Whale     ..........................................                           51
                       Humpback Whale       .............................................                            55
                       Bowhead Whale     ..............................................                              61
                       Gray Whale   .................................................                                66
                       Killer Whale    ................................................                              69
                       Gulf of California Harbor Porpoise    ..................................                      70
                       Harbor Porpoise   ...............................................                             73
                       Bottlenose Dolphin    ............................................                            76

               M. Marine Mammal-Fisheries Interactions           ................................                    79
                       Interim Exemption for Commercial Fisheries      ............................                  79
                       Development of a New Regime to Govern the Incidental Take
                         of Marine Mammals after October 1993       ..............................                   84
                       The Tuna-Porpoise Issue    .........................................                          92

               IV. International Aspects of Marine Mammal Protection and Conservation             ...........        109
                       International Whaling Commission      ..................................                      109
                       High Seas Driftnet Fisheries    ......................................                        119
                       Conservation and Protection of Marine Mammals in the Southern Ocean        ...........        126
                       Convention for the Protection and Development of the Marine Environment
                         of the Wider Caribbean Region (Ile Cartagena Convention)        .................           134
                       Convention on International Trade in Endangered Species
                         of Wild Fauna and Flora (CITES)     ..................................                      136
                       North Pacific Marine Science Organization (PICES)     ........................                137
                       IUCN-The World Conservation Union, Species Survival Commission,
                         Marine Mammal Specialist Groups       .................................                     138







                  V. Marine Mammal Strandings and Die-Offs            ..............................                  141
                          Unusual Events Occurring in 1991      ..................................                    141
                          Development of a National Die-Off Response Plan and
                           Improvement of the Regional Stranding Networks       ........................              143
                          Workshop on Release of Rehabilitated and Captive Marine Mammals        .............        146

                  VI. Impacts of Marine Debris        ........................................                        147
                          Background    .................................................                             147
                          The Marine Entanglement Research Program       ............................                 149
                          Domestic Regulations for Disposal of Ship-Generated Garbage      .................          150
                          Annex V of the Convention for the Prevention of Pollution from Ships     ............       150

                  VH.   Marine Mammal Management in Alaska            ..............................                  155
                          Species Conservation Plans and Species Reports   ..........................                 155
                          The Bering Sea and Gulf of Alaska Ecosystems     ..........................                 156
                          The Eiaon Valdez Oil Spill in Prince William Sound    .......................               159
                          Federal Marine Mammal Marking and Tagging Regulations         ...................           162
                          Litigation Related to Marine Mammals in Alaska      .........................               162

                  VIH.    Outer Continental Shelf Oil, Gas, and Mineral Development         ................          167
                          Proposed Offshore Lease Sales    .....................................                      167
                          Impact of Oil Spills on Arctic Natives   ................................                   169
                          Small-Take Exemptions     .........................................                         170
                          The Minerals Management Service's Environmental Studies Program        .............        175

                  IX. Research and Studies Program         .....................................                      177
                          Survey of Federally-Funded Marine Mammal Research        ......................             177
                          Research Program Reviews, Workshops, and Planning Meetings        ................          177
                          Commission-Sponsored Research and Study Projects      .......................               178

                  X. Permits for Marine Mammal Research, Public Display, and Enhancement               .........      187
                          Permit Application Review    .......................................                        187
                          Review of the Permit System    ......................................                       188
                          Implementation of the 1988 Amendments to the Marine Mammal Protection Act         ......    189
                          Swim-with-the-Dolphin Programs      ...................................                     190
                          Feeding Wild Marine Mammals       ....................................                      192
                          Other Litigation  ..............................................                            193

                  N1. Marine Mammals in Captivity          .....................................                      195
                          Animal Welfare Act     ...........................................                          195
                          Lacey Act   ..................................................                              196

                  Appendix A:   Commission Recommendations: Calendar Year 1991              ................          199

                  Appendix B:   Reports of Commission-Sponsored Activities Available from the
                                National Technical Information Service     ..........................                 213


                  Appendix C:   Selected 11terature Published Elsewhere Resulting
                                from Commission-Sponsored Activities       ..........................                 221








                                                          List of Tables



                Table 1.        Marine Mammal Species and Populations Listed as
                                Endangered or Threatened under the
                                U.S. Endangered Species Act as of 31 December 1991          ................            4

                Table 2.        Known Manatee Mortality in the Southeastern United States
                                (Excluding Puerto Rico) Reported through the
                                Manatee Salvage and Necropsy Program from 1978 - 1991           .............           5

                Table 3.        Summary of High Counts of Steller Sea Lions at Rookeries and Haulouts
                                in the United States, Canada, and the Former Soviet Union      ..............         25


                Table 4.        Subsistence Harvest Levels for North Pacific Fur Seals
                                in the Pribilof Islands, 1985 - 1991    ............................                  34

                Table 5.        Estimated Annual Harvests of Pacific Walruses in Alaska
                                and the Soviet Union, 1970 - 1989     .............................                   38

                Table 6.        Sea Otter Population Counts by the Fish and Wildlife Service and
                                the California Department of Fish and Game, 1982 - 1991        ..............         45

                Table 7.        Quotas and Number of Bowhead Whales Taken by
                                Alaska Eskimos, 1973 - 1991       ................................                    64

                Table 8.        Estimated Percent Observer Coverage for Category I Fisheries
                                during the Interim Exemption Period     ............................                  85

                Table 9.        Estimated Incidental Kill of Porpoises in the Tuna Purse Seine Fishery
                                in the Eastern Tropical Pacific Ocean, 1972 - 1991      ..................            94

                Table 10.       U.S. and Foreign Dolphin Mortality, Kills per Set, Sets on Dolphins,
                                and Percent of Observer Coverage, 1988 - 1991        ....................             95

                Table 11.       Percent of Foreign Tuna Fleets with Observers Aboard       ................           100

                Table 12.       Summary of Garbage Discharge     'Limitations under the International
                                Convention for the Prevention of Pollution from Ships (1973 - 1978)
                                and the U.S. Act to Prevent Pollution from Ships, as Amended        ...........       151

                Table 13.       Number -of Sea Otters, Walruses, and Polar Bears Presented
                                for Marking and Tagging by Alaska Natives       .......................               163








                                                  Executive Summary


                       This, the nineteenth Annual Report of the Marine Mammal Commission, describes
                  the activities of the Marine Mammal Commission and its Committee of Scientific
                  Advisors on Marine Mammals during calendar year 1991. The Commission was
                  established under Title 11 of the Marine Mammal Protection Act to provide guidance on
                  Federal activities and policies, be they domestic or international, that bear on the
                  protection and conservation of marine mammals. The Report is an in-depth summary of
                  Commission activities in this regard. Its purpose is to provide timely information to
                  Congress, government agencies, public interest groups, the academic community, private
                  citizens, and the international community on important issues and events concerning
                  marine mammal protection and conservation. To ensure factual accuracy, the Report was
                  provided in draft form to concerned Federal and State agencies and other involved parties
                  for review and comment prior to publication.

                       As described in Chapter 111, the Commission and its Committee of Scientific Advisors
                  pay  special attention to certain marine mammal species and populations each year.
                  Among the species and populations facing the most urgent conservation problems in 1991
                  were West Indian manatees, Hawaiian monk seals, Steller sea lions, the California
                  population of sea otters, and northern right whales.

                       The West Indian manatee is one of the most endangered marine mammals in the
                  United States. It occurs in coastal waters and rivers of Florida and Georgia and is the
                  largest known group in the species' North, Central, and South American range.
                  Numbering something more than 1,800 animals, its long-term survival is in doubt.
                  Known deaths in the past three years have exceeded 550, more than 150 of which were
                  caused by water craft. In 1991, for the sixth time in eight years, vessel-related deaths
                  reached a new record high. However, habitat degradation from development may pose
                  an even more serious long-term threat than boats.         As noted in Chapter II, the
                  Commission continued to work closely with the Fish and Wildlife Service, the State of
                  Florida, and other groups in 1991 to strengthen manatee recovery efforts. Encouraging
                  progress was made. Boat speed regulatory systems were expanded, additional manatee
                  habitat was added to Federal and State protected area systems, and shoreline development
                  plans received greater scrutiny. Efforts now appear sufficiently comprehensive to have
                  a chance of succeeding if vigorously sustained, but it will take several years before the
                  effectiveness of this expanded program can be judged.

                       The most endangered seal in United States waters is the Hawaiian monk seal. This
                  species, which may number fewer than 1,500 animals, inhabits the remote, largely
                  uninhabited Northwestern Hawaiian Islands. Over the past two years, significant declines
                  in births and beach counts have been recorded. Over the same period, there has been
                  an increase in reports of seal injuries and deaths due to interactions with the Hawaiian


                                                              v









                     swordfish longline fishery that has expanded from about 15 to 150 vessels. In 1991, the
                     National Marine Fisheries Service, the Fish and Wildlife Service, the Western Pacific
                     Regional Fishery Management Council, the United States Coast Guard, and the
                     Commission cooperated in efforts to prevent these harmful interactions. The National
                     Marine Fisheries Service also continued to rebuild some seal colonies through headstart
                     and PUP rehabilitation programs and to address problems caused by groups of aggressive
                     male seals killing adult females and young seals of both sexes. Substantial progress was
                     made with respect to starting restoration efforts at Tern Island, and planning began in
                     earnest for the repair of the disintegrating seawall, something critical to both the welfare
                     of the seals and the integrity of the Island. Particularly noteworthy were the progress
                     made by the National Marine Fisheries Service's program staff over the past two years
                     and the substantially improved levels of cooperation amongst all agencies involved in
                     monk seal recovery efforts. In addition to the groups already mentioned, the Hawaiian
                     Monk Seal Recovery Team, the Corps of Engineers, the Navy, and the Hawaii
                     Department of Land and Natural Resources were important contributors.

                          Because of alarming declines in the number of Steller sea lions throughout their
                     range, particularly in Alaska, the species was listed as threatened under the Endangered
                     Species Act in 1990. In 1991, the Steller Sea Lion Recovery Team constituted by the
                     National Marine Fisheries Service completed and provided a recovery plan to the Service
                     for adoption. At the same time, the Marine Mammal Commission began work to update
                     its 1988       Steller sea lion species account with research and management
                     recommendations. Among the things affecting Steller sea lions were the commercial
                     fisheries for pollock and other groundfish. In these fisheries, sea lions have been caught
                     in nets or shot by fishermen to protect gear and catch, and the fisheries themselves may
                     have depleted sea lion food supplies. In this regard, the Service promulgated emergency
                     rules to close areas within 10 miles of major rookeries to groundfish fishing and adjusted
                     proposed catch limits for pollock downward. Recommendations also were made by the
                     Recovery Team to designate critical habitat under the Endangered Species Act.

                          The remnant population of sea otters along the central California coast numbers
                     about 1,900 animals and remains at risk. A decline in numbers in the 1980s due to
                     incidental take in gillnets has been stopped by State actions to prohibit the use of gillnets
                     in sea otter habitat and otter numbers again appear to be increasing. The major threat
                     to the population has been and continues to be the possibility of a large oil spill. To
                     address this threat, the Fish and Wildlife Service began efforts in 1987 to establish a
                     separate reserve colony of otters at San Nicolas Island, an island some distance from the
                     mainland colony. To date, however, only a few animals have remained at the Island and
                     efforts to translocate additional animals have ended. In addition, the Exxon Valdez oil
                     spill indicates that one massive spill could affect both the mainland and San Nicolas



                                                                  vi









                  Island colonies. Therefore, future recovery objectives and activities were re-examined
                  in 1991.


                       The northern right whale, the most endangered marine mammal in U.S. waters, is
                  also the world's most endangered species of large whale. The largest known population,
                  perhaps 350 animals, occurs seasonally in coastal waters off the east coasts of Canada
                  and the United States. Entanglement in fishing gear and collisions with ships are the
                  principal human causes of mortality and injury for this population. The Marine Mammal
                  Commission has urged development of a recovery plan and the Right Whale Recovery
                  Team has recommended designating critical habitat pursuant to the Endangered Species
                  Act. Although the Commission has provided extensive advice on both matters over the
                  past two years, it is not clear what the National Marine Fisheries Service intends to do.

                       Activities relative to harbor seals, North Pacific fur seals, Pacific walruses, sea
                  otters in Alaska, polar bears, humpback whales, bowhead whales, gray whales, killer
                  whales, Gulf of California harbor porpoises, bottlenose dolphins, and harbor porpoises
                  also are discussed in Chapter IL

                       Marine mammals affect and are affected by certain commercial and recreational
                  fisheries. Currently, the taking of marine mammals incidental to most commercial
                  fisheries is authorized under a five-year exemption, enacted in 1988, from the
                  moratorium on taking marine mammals. Before the interim exemption expires, Congress
                  will re-examine the issue in light of information gathered under the exemption program,
                  and enact a more permanent system for regulating the take of marine mammals by
                  fishermen. Efforts to implement the interim exemption and to develop a new regime to
                  govern the take of marine mammals incidental to commercial fishing operations after 1
                  October 1993 are discussed in Chapter III. One fishery not included under the interim
                  exemption is the eastern tropical Pacific purse seine fishery for yellowfin tuna. Actions
                  taken to reduce the mortality of dolphins incidental to that fishery also are discussed in
                  Chapter III.

                       The Marine Mammal Protection Act directs the Commission to review and provide
                  advice to the Secretary of State and other Federal officials on international arrangements
                  affecting marine mammals and their habitat.          As discussed in Chapter IV, the
                  Commission devoted particular attention in 1991 to issues regarding the International
                  Whaling Commission, high seas driftnet fisheries, conservation of marine mammals and
                  their habitat in the seas surrounding Antarctica, and formation of the North Pacific
                  Marine Science Organization (PICES).

                       Ineffective regulation of commercial whaling by the International Whaling
                  Commission has allowed most exploited whale stocks to be reduced to dangerously low


                                                              vii









                     levels. To permit time for the stocks to recover and to review its management practices,
                     the International Whaling Commission initiated a worldwide moratorium on commercial
                     whaling that went into effect in 1986. Several countries are now advocating an end to
                     the moratorium and the resumption of commercial whaling. On 5 December 1991, the
                     Marine Mammal Commission, in consultation with its Committee of Scientific Advisors,
                     sent a comprehensive review of issues related to commercial whaling and operation of
                     the International Whaling Commission to the U.S. Commissioner to the International
                     Whaling Commission. The Marine Mammal Commission noted, among other things,
                     that both the 1946 International Convention for the Regulation of Whaling and the
                     International Whaling Commission's conservation program were in need of fundamental
                     revision and concluded that the United States should initiate efforts to update both.

                         At present, the incidental take of marine mammals in commercial fisheries,
                     particularly high seas driftnet fisheries, poses a greater threat to many marine mammals
                     than does commercial exploitation.        As noted in previous Annual Reports, the
                     Commission has advocated banning large-scale high seas driftnet fisheries. In 1991, the
                     Commission continued to work with the Departments of State and Commerce to seek an
                     international ban on these fisheries. Largely thanks to efforts by the Department of
                     State, the United Nations General Assembly adopted a consensus resolution in December
                     1991 that calls for a 50 percent reduction in large-scale high seas driftnet fishing effort
                     by 30 June 1992 and a global moratorium on all such fishing to begin on 31 December
                     1992.


                         Another subject discussed in Chapter IV is the Commission's continued work with
                     the Department of State and other Federal agencies to develop and implement
                     international agreements for conserving whales, seals, and their habitats in Antarctica.
                     An action of particular significance in this regard was the conclusion of the Antarctic
                     Treaty Protocol on Environmental Protection on 4 October 1991. At present, the issue
                     of greatest concern to the Commission continues to be the potential for unregulated
                     growth of the Antarctic krill fishery.

                         Many of the issues of concern in the Southern Ocean have parallels in the North
                     Pacific Ocean. To provide a mechanism for cooperatively identifying and assessing key
                     research issues in the North Pacific, the Governments of Canada, Japan, the People's
                     Republic of China, the Soviet Union, and the United States concluded the Convention for
                     a North Pacific Marine Science Organization (PICES) in December 1990. In 1991, the
                     Commission provided partial support for and participated in a workshop to initiate
                     discussions on four key topic areas: climate change, the Bering Sea, environmental
                     quality, and fisheries oceanography. The workshop report, expected to be completed
                     early in 1992, will be provided to the member states to assist in preparing for the first
                     meeting of the Organization.



                                                                viii









                       As indicated in past Annual Reports,
                                                                  there appears to have been a worldwide
                   increase in unusual marine mammal mortality events since the late 1970s. More
                   occurred in 1991. While the reasons for the apparent increase are not clear, the increase
                   may be due, at least in part, to environmental pollution or other factors that suppress the
                   immune systems and weaken the ability of marine mammals to ward off natural disease.
                   This issue, of great concern to the Commission, is discussed in Chapter V.

                       Marine mammals and other species     ' including some that are endangered, are killed
                   or injured as a result of becoming entangled in or ingesting lost or discarded nets, line,
                   and other debris. Such debris is now recognized as a major form of marine pollution and
                   a serious threat to many species. As discussed in Chapter VI, the Commission continued
                   in 1991 to help the National Marine Fisheries Service in its efforts to carry out
                   education, mitigation, and research activities through the Marine Entanglement Research
                   Program. In cooperation with the Coast Guard and the National Marine Fisheries
                   Service, the Commission also helped focus attention on implementing the provisions of
                   Annex V of the International Convention for the Prevention of Pollution from Ships,
                   which regulates disposal of ship-generated garbage.

                       As noted in Chapter VII, marine mammal management in Alaska is particularly
                   challenging. This is due, in part, to the large numbers of marine mammals in Alaska,
                   their use for subsistence purposes by Alaska Natives, and interactions with commercial
                   fisheries and offshore oil and gas development. In 1991, the Commission took steps to
                   help the Fish and Wildlife Service and the National Marine Fisheries Service strengthen
                   their marine mammal programs in Alaska. Among other things, the Commission started
                   preparation of draft conservation plans for walruses, polar bears, and sea otters, and the
                   preparation of species accounts with research and management recommendations for
                   Steller sea lions, IdUer whales, and harbor seals. For reasons that are not known,
                   populations of a number of Alaska marine mammals and seabirds have declined
                   significantly in recent years. In December 1990, the Commission and the National
                   Marine Fisheries Service conducted a workshop to assess possible causes and
                   implications of these declineg and related research and management needs.               The
                   workshop report, completed and widely distributed in 1991, is among the matters
                   discussed in Chapter VII.

                       The Minerals Management Service, the National Marine Fisheries Service, and the
                   Fish and Wildlife Service share responsibility for ensuring that activities and events, like
                   oil spills, associated with offshore oil, gas, and mineral exploration and development do
                   not have significant adverse effects on marine mammals or the ecosystems of which they
                   are a part. In 1991, these agencies, in consultation with the Commission, promulgated
                   regulations and took other actions, as described in Chapter VIII, to give effect to section
                   101(a)(5) of the Marine Mammal Protection Act. This section of the Act directs the


                                                               ix









                    Secretaries of Commerce and the Interior to authorize the taking of small numbers of
                    marine mammals incidental to activities other than commercial fishing, when the taking
                    would have negligible impacts and certain other conditions are met.

                        The Marine Mammal Protection Act directs that the Marine Mammal Commission
                    undertake, or cause to be undertaken, such studies as it considers necessary or desirable
                    to effect the protection and conservation of marine mammals. Actions taken by the
                    Commission in 1991 in response to this directive are described in Chapter IX. Reports
                    and other publications resulting from research and studies supported by the Commission
                    in previous years are listed in Appendices B and C.

                         Chapter X discusses the process for issuing permits to take marine mammals for
                    scientific research, public display, and species enhancement. Chapter XI discusses
                    regulations governing the care and maintenance of marine mammals in captivity. During
                    1991, the National Marine Fisheries Service continued to review its pern-dtting system
                    and expects to publish proposed revisions to its existing permit regulations in 1992. In
                    1991, the Commission called upon the Animal and Plant Health Inspection Service, the
                    National Marine Fisheries Service, and the Fish and Wildlife Service to review and, as
                    necessary, revise the Standards and Regulations for the Humane Handling, Care,
                    Treatment, and Transportation of Marine Mammals. To begin the process, the
                    Commission provided the Services with a detailed discussion paper to serve as a base
                    document for the review.


                         Three Appendices follow the body of this Report. Appendix A summarizes
                    recommendations made by the Commission in 1991; Appendix B lists reports published
                    by the National Technical Information Service on Commission-supported studies and
                    activities; and Appendix C lists other reports and papers based upon Commission
                    supported studies and activities that have been published elsewhere.
















                                                                X







                                                            Chapter I


                                                     UVMODUCUON


                This nineteenth Annual Report of the Marine            Assistant in charge of publications; and Darel E.
             Mammal Conunission covers the period 1 January            Jordan and Susan E. Holcombe, Staff Assistants.
             through 31 December 1991. It is being submitted to
             Congress pursuant to section 204 of the Marine               The Commission Chairman, with the concurrence
             Mammal Protection Act of 1972.                            of the other Commissioners, appoints persons to the
                                                                       nine-member Committee of Scientific Advisors on
                Established under Title 11 of the Act, the Marine      Marine Mammals. Committee members are required
             Mammal Commission is an independent agency of the         by statute to be scientists who are knowledgeable in
             Executive Branch. It is charged with developing,          marine ecology and marine mammal affairs. At the
             reviewing, and making recommendations on the              end of 1991, its members were: William F. Perrin,
             actions and policies of all Federal agencies with         Ph.D., (Chairman), National Marine Fisheries Ser-
             respect to marine mammal protection and conservation      vice, La Jolla, California; Douglas G. Chapman,
             and with carrying out a research program.                 Ph.D., Seattle, Washington; Murray L. Johnson,
                                                                       M.D., Burke Museum, University of Washington,
                                                                       Seattle; Burney J. LeBoeuf, Ph.D., University of
                                 Pummel                                California, Santa Cruz; Lloyd F. Lowry, Alaska
                                                                       Department of Fish and Game, Fairbanks; Marc
                The Commission consists of three part-time Com-        Mangel, Ph.D., University of California, Davis;
             missioners appointed by the President. The Marine         William Medway, D.V.M., Ph.D., University of
             Mammal Protection Act requires that the Commission-       Pennsylvania, Philadelphia; Thomas J. O'Shea,
                                                                       Ph.D., U.S. Fish and Wildlife Service, Gainesville,
             ers, be knowledgeable in marine ecology and resource
             management. At the end of 199 1, the Commissioners        Florida; and Tim D. Smith, Ph.D., National Marine
                                                                       Fisheries Service, Woods Hole, Massachusetts.
             were: John E. Reynolds, III, Ph.D., (Chairman)
             Eckerd College, St. Petersburg, Florida; Paul K'          During 199 1, Jack W. Lentfer and John E. Reynolds,
             Dayton, Ph.D., Scripps Institution of Oceanography,       III, Ph.D., completed their terms of service on the
             La Jolla, California; and Jack W. Lentfer, Homer,         Committee. In recognition of the importance of
                                                                       marine mammals in the lives of many Eskimos,
             Alaska. During 1991, Robert Elsner, Ph.D., and
             Francis H. Fay, Ph.D., both with the University of        Indians, and Aleuts, Matthew Iya of Nome, Alaska,
             Alaska, Fairbanks, completed their terms of service       serves as Special Advisor to the Marine Mammal
             on the Commission.                                        Commission on Native Affairs.

                The Commission's full-time staff members are:
             John R. Twiss, Jr., Executive Director; Robert J.                              F=dWg
             Hofinan, Ph.D., Scientific Program Director; David
             W. Laist, Policy and Program Analyst; Michael L.             Appropriations to the Marine Mammal Commis-
             Gosliner, General Counsel; Steven L. Swartz, Ph.D.,       sion in the past five fiscal years have been: FY 1988,
             Deputy Scientific Program Director; Richard L.            $953,000; FY 1989, $953,000; FY 1990, $960,000;
             Wallace, Special Assistant to the Executive Director;     FY 1991, $1,153,000; and FY 1992, $1,250,000.
             Anne K. Kiley, Administrative Officer; Alison G.
             Kirk, Permit Officer; Eileen C. Shoemaker, Staff








                                                               Chapter H


                                      SPECIES OF SPECUL CONCERN


                Section 202 of the Marine Mammal Protection Act               Early in 1991, the Florida Department of Natural
             directs the Marine Marnmal Commission, in consulta-           Resources organized two state-wide aerial surveys to
             tion with its Committee of Scientific Advisors on             count manatees in Florida. They yielded preliminary
             Marine Mammals, to make recommendations to the                counts of 1,268 and 1,465 animals. Although the
             Departments of Commerce and the Interior and other            counts closely match the previous minimum popula-
             agencies on actions needed to protect and conserve            tion estimate (1,200 animals), which was based
             marine manunals. In 1991, the Commission contin-              primarily on counts at warm-water refuges, weather
             ued to devote special attention to marine mammals             conditions in all areas were not optimal. Because
             listed as endangered or threatened under the Endan-           comparable aerial surveys were not conducted before
             gered Species Act (Table 1).                                  1991 and because the previous estimate was intended
                                                                           only as a conservative best guess of minimum popula-
                Because of their occurrence in UAS. waters and/or          tion size, the surveys are not comparable to any
             an exceedingly high risk of extinction, greatest effort       earlier estimates. The recent counts are, however, the
             in 1991 was devoted to West Indian manatees, Hawai-           largest ever recorded anywhere in the species' range.
             ian monk seals, Steller sea lions, California sea otters,
             northern right whales, humpback whales, bowhead                  Outside of the United States, West Indian manatees
             whales, gray whales, and Gulf of California harbor            are found in the Greater Antilles (including Puerto
             porpoises. Given the serious threats facing certain           Rico), along the Atlantic coast of Central America and
             other species in U.S. waters, special attention also          northern South America, and in Trinidad and Tobago.
               as given to North Pacific fur seals, Pacific walruses,      In these areas, manatees are considered members of a
             sea otters and harbor seals in Alaska, polar bears,           second subspecies, the Antillean manatee (T manatus
             w

             killer whales, harbor porpoises, and bottlenose dol-          manatus). These populations are thought to be small,
             phins. Efforts to protect these species are described         numbering perhaps 100 or fewer in most countries,
             in this Chapter.                                              and generally declining. Major threats include poach-
                                                                           ing, incidental take in gillnets, and habitat degrada-
                                                                           tion. Since effective conservation programs do not
                          West Ind*an ALAnatee                             exist in most other countries, the species' long-term
                          (Dichechm mmafts)                                survival may well depend on the success of efforts to
                                                                           protect remaining animals in Florida and Georgia.
                One of the most endangered marine mammals in                  Mortality in the southeastern United States, how-
             U.S. waters is the West Indian manatee. The species'
             U.S. range is limited primarily to rivers and coastal         ever, has increased steadily since 1980 (Table 2).
             waters of peninsular Florida and southern Georgia.            Recent levels are especially alarming given what is
             The southeastern U.S. population, also called the             known about the species' abundance and low repro-
             Florida manatee population, is geographically isolated        ductive rate. The high 1990 mortality was caused, in
             from other manatee populations and is recognized as           part, by the death of at least 47 animals following an
             a separate sub-species (T manatus lafirostris). Colli-        intense cold spell the last week of 1989. However,
               .ons with boats and habitat destruction are by far the      most of the steady increase over the past 13 years is
             leading human threats to these animals.                       attributable to increasing numbers of vessel-related
                                                                           deaths and perinatal calf mortality.


                                                                        3







                MARINE MAMMAL COMMISSION - Annual Report for 1991



                Table 1. Marine Mammal Species and Populations Listed as Endangered (E) or Threatened (7)
                            under the U.S. Endangered Species Act as of 31 December 19911


                Common Name                    Scientific Name           Status        Range

                Manatees and Dugongs
                 West Indian manatee           Trichechus manatus           E      Eastern North, Central and South America coast
                                                                                   and rivers from southeast United States to Bra-
                                                                                   zil, including Puerto Rico and other Greater
                                                                                   Antilles Islands
                 Amazonian manatee             Trichechus inunguis          E      Amazon River basin of South America
                 West African manatee          Trichechus senegalensis      T      West Africa coast and rivers; Senegal to Angola
                 Dugong                        Dugong dugon                 E      Northern rim of Indian Ocean; Indonesia; Philip-
                                                                                   pines; Malagasy; Australia; southern China;
                Otters                                                             Palau
                 Marine otter                  Lutra felina                 E      Western South America; Peru to southern Chile
                 Southern sea otter            Enhydra lutris nereis        T      Central California coast

                Seals and Sea Lions
                 Hawaiian monk seal            Monachus schauinslandi       E      Hawaiian Archipelago
                 Caribbean monk seal           Monachus fropicalis          E      Caribbean Sea and Bahamas
                 Mediterranean monk seal       Monachus monachus            E      Mediterranean Sea; Atlantic coast of northwest
                                                                                   Africa
                 Guadalupe fur seal            Arctocephalus townsendi      T      West coast of Baja California, Mexico, to south-
                                                                                   ern California
                 Steller sea lion              Ewnetopiasjubatus            T      North Pacific Rim from northern Japan to south-
                                                                                   ern California
                Whales and Porpoises
                 Gulf of California
                    harbor porpoise            Phocoena sinus               E      Northern and central Gulf of California, Mexico
                 Northern right whale          Eubalaena glacialis          E      North Atlantic Ocean; North Pacific Ocean;
                                                                                   Bering Sea
                 Southern right whale          Eubalaena australis          E      South Atlantic, South Pacific, Indian, and South-
                                                                                   ern Oceans
                 Bowhead whale                 Balaena mysticetus           E      Arctic Ocean and adjacent seas
                 Humpback whale                Megaptera novaeangliae       E      Oceanic, all oceans
                 Gray whale                    Eschrichtius robustus        E      Eastern and western North Pacific; Bering Sea
                 Blue whale                    Balaenoptera musculus        E      Oceanic, all oceans
                 Finback or fin whale          Balaenoptera physalus        E      Oceanic, all oceans
                 Sei whale                     Balaenoptera borealis        E      Oceanic, all oceans
                 Sperm whale                   Physeter catodon             E      Oceanic, all oceans

                 From Fish and Wildlife Service Regulations at 50 C.F.R. ï¿½ 17.11





                                                                            4







                                                                                           Chapter H - Species of Special Concern



             Table 2. Known Manatee Mortality in the Southeastern United States (excluding Puerto Rico) Reported
                        through the Manatee Salvage and Necropsy Program from 1978 - 1991'

                           Vessel-                               All
                           Related           Perinatal           Other             Deaths             Deaths       Total No.
                           Deaths             Deaths             Deaths            Inside             Outside      of Deaths
                 Year      No.                No.                No. (0/16)        Florida            Florida      in U.S.


                 1978       21(24)             10(12)            55(64)               86                 0             86
                 1979       24(28)             9(12)             45(58)               77                 1             78
                 1980       16(23)             13 (19)           38(56)               63                 4             67
                 1981       25(21)             13 (11)           81(72)               116                3             119
                 1982       20(17)             14(12)            86(68)               114                6             120
                 1983       15(19)             18(22)            48(59)               81                 0             81
                 1984       34(26)             26(20)            71(54)               128                3             131
                 1985       35(27)             25(20)            69(53)               120                9             129
                 1986       33(26)             27(22)            65(52)               122                3             125
                 1987       39 (33)            30(25)            49(42)               114                4             118
                 1988       43 (32)            30(22)            61(46)               133                1             134
                 1989       51(29)             37(21)            86(49)               166                8             174
                 1990       49(23)             45(21)            120(56)              206                8             214
                 1991       53(30)             53(30)            69(39)               174                1             175

              Totals provided by the Florida Department of Natural Resources for 1991 are preliminary.



                As noted above, death from interactions with boats        1983, 20 percent from 1984 through 1986, and 24
             is one of two principal threats to Florida manatees.         percent since 1987.
             Vessel-related deaths have reached record levels in
             five of the past seven years and appear to be the result        The cause of the increase in perinatal deaths is
             of dramatic increases in vessel traffic. In 1960, the        uncertain and may be due to a combination of factors
             number of registered vessels in Florida was about            including contaminant pollution, disease, or environ-
             100,000; in 1990, the number exceeded 700,000.               mental changes. It also may be related to vessel
             Whereas known vessel-related manatee deaths aver-            traffic. That is because some newborn calves may die
             aged 22 percent of total known mortality from 1978           when their mothers are killed or seriously injured by
             to 1983, they accounted for 27 percent from 1984             boat collisions, when they become permanently
             through 1986. Since 1987, vessel-related deaths have         separated from their mothers while dodging intensive
             been responsible for 29 percent of the total mortality       boat traffic, or when stress from vessel noise or traffic
             (31 percent if the unusual cold-related death of 47          induces premature births.
             animals early in 1990 is excluded).
                                                                             In any case, whereas vessel-related and dependent
                Increases in perinatal deaths (i.e., stillborn and        calf deaths together accounted for about one-third of
             newborn calves) parallel those of vessel deaths.             the total known mortality in the late 1970s and early
             Previous records have been equaled or exceeded in six        1980s, it has accounted for more than 50 percent of
             of the past seven years. Perinatal deaths averaged 14        total mortality in recent years. Although a reliable
             percent of the total known mortality from 1978 to            measure of population trends has proven elusive, it is



                                                                        5







                 MARINE MAMMAL COMMISSION - Annual Report for 1991


                 likely that current mortality exceeds recruitment and             Resources, several other State agencies, the Coast
                 that the population is declining.                                 Guard, the Army Corps of Engineers, industry
                                                                                   groups, such as the Florida Power & Light Company
                    The second primary threat to Florida manatees is               and various marine zoological parks in Florida, and
                 degradation and loss of habitat due to coastal develop-           many other groups. Among other things, work under
                 ment. Florida's human population is now growing at                the plan produced new information and fostered
                 a rate of more than 1,000 people per day. Develop-                development of novel research techniques (such as
                 ment accompanying this growth has occurred largely                satellite tagging of manatees) to shed light on manatee
                 along coastal waters, and rivers used by manatees.                movements and ecology. Progress was also made in
                 Siltation, nutrient enrichment, other forms of water              reducing manatee mortality associated with some
                 pollution, and direct removal or filling of wetlands for          human-related perturbations (e.g., entrapment in flood
                 shoreline development degrade manatee habitat. This               gates), increasing efforts to review and mitigate site-
                 degradation, in turn, reduces manatee food supplies,              specific impacts of coastal development projects in
                 eliminates natural secluded areas for mating, calving,            manatee habitat, and acquiring and protecting critical
                 and nursing, and generally reduces the capacity of                manatee habitat in Kings Bay, a major warm-water
                 coastal and river ecosystems to support manatees and              refuge on Florida's west coast.
                 other aquatic species native to Florida. In the long
                 term, loss of habitat and enviromnental pollution may                During the 1980s, efforts to protect manatees were
                 well pose the most serious threat to manatees.                    greatly enhanced by the Florida Department of Natu-
                                                                                   ral Resources as it assumed an increasingly prominent
                 Background on Recovery Activities                                 role in supplementing the Service's research and
                                                                                   management efforts. For example, in 1985, it as-
                    Although the Fish and Wildlife Service is the                  sumed responsibility from the Service for the manatee
                 Federal agency with lead responsibility for research              salvage and necropsy program, which is the primary
                 and management related to manatees, assuring protec-              source for determining trends in manatee mortality.
                 tion of manatees and their habitats is beyond the                 By doing so, it freed Service support for urgently
                 ability of any one agency or group.             It requires       needed studies of manatee movements and ecology.
                 extensive cooperation by many State and Federal                   The Department also supported other needed research
                 agencies and other organizations. In this regard, the             (e.g., aerial surveys), established and enforced 20
                 Commission has played a major role in helping the                 boat speed regulatory zones in important manatee
                 Service and other agencies identify and undertake                 habitats, and increased efforts to acquire manatee
                 cooperative efforts.                                              habitat for the state park, reserve, and preserve
                                                                                   systems.
                    Late in the 1970s, the Commission provided the
                 Service detailed comments and advice on developing                   While all of these efforts were well placed, they
                 a recovery plan for manatees, and the first manatee               proved insufficient. Given the movement of animals
                 recovery plan was adopted by the Service in 1980.                 throughout the State and the magnitude of increases in
                 Using a special one-time appropriation from Congress              vessel traffic and shoreline construction, vessel-related
                 that year, the Commission assisted the Service in                 deaths increased and preferred habitat continued to be
                 initiating and coordinating priority work under the               degraded.     Therefore, in 1987, the Commission
                 plan.    It also helped the Florida Department of                 recommended that the Service re-examine research
                 Natural Resources by providing seed money to                      and management efforts and update the West Indian
                 constitute a Manatee Technical Advisory Council to                Manatee Recovery Plan.
                 provide recommendations and advice on recovery
                 priorities.                                                          The Service agreed and, while work oil revising
                                                                                   the plan was underway, the Commission provided the
                    The 1980 plan helped forge cooperative efforts                 Service and the State with additional recommendations
                 among the Service, the Florida Department of Natural              (see, for example, Appendix B, Reynolds and Gluck-


                                                                               6







                                                                                             Chapter H - Species of Special Concem


             man 1988 and Marine Mammal Commission 1989).                      In 1989, the Florida Legislature established a Save
             The Commission urged development of an effective               the Manatee Trust Fund, which provides support for
             satellite tagging and tracking program to gather more          the State's manatee program. The Fund is maintained
             precise information on manatee habitat use patterns.           by annual contributions from a part of State boat
             It also recommended site-specific actions to enlarge           registration fees, fees for an optional State automobile
             the system of boat.speed regulatory zones, strengthen          license plate featuring a manatee, voluntary contribu-
             enforcement, acquire important manatee habitat,                tions, and other,sources as authorized by the Florida
             control shoreline development in key manatee areas,            Legislature.    To cover increases in salaries and
             improve the manatee salvage and necropsy program,              expenses for the manatee program, the Legislature
             and speed development of a geographic information              provided supplemental program funding and autho-
             system for storing, manipulating, and retrieving               rized an increase in certain Fund contributions. For
             research data crucial for manatee management.                  Florida's Fiscal Year 1990-1991 (1 July 1990 - 30
                                                                            June 1991), the program's budget was $1,171,406;
                The Service completed work on the revised recov-            for Fiscal Year 1991-1992, it is $2,210,336.
             ery plan and, in May 1989, adopted it. The revision
             was exceedingly well done and, in a strong show of                The additional staff and funding are being used to:
             support for carrying out its provisions, it was signed         (1) develop and help implement county-wide boat
             by the heads of 12 other cooperating Federal and State         speed regulatory zones in 13 key counties where the
             agencies and private organizations, including the              risk of boat kills is particularly great; (2) help develop
             Marine Mammal Commission. The new plan reflects                county manatee protection plans in those counties;
             most of the Commission's recommendations and,                  (3) shorten response times and improve facilities for
             consistent with its provisions, research and manage-           manatee necropsy and rescue efforts; (4) improve
             ment efforts are being further increased. Major new            understanding of manatee habitat use patterns through
             efforts are focusing on tagging and tracking manatees,         aerial surveys and radio-tagging studies; (5) develop
             expanding boat speed regulatory zones, and acquiring           a geographic information system to compile and map
             and protecting important manatee habitat.                      relevant information for management decisions; (6)
                                                                            review permit and submerged lands lease applications
             Activities in Support of the                                   for development projects and marine events (e.g., boat
             Revised Manatee Recovery Plan                                  races) in manatee habitat; and (7) support the develop-
                                                                            ment and distribution of public information and
                Research and Management Funding - The                       education materials.
             revised manatee recovery plan adopted in 1989 clearly
             identifies the need for expanding research and man-               Early in 1990, however, it was not clear whether
             agement efforts. While it calls for additional support         the Fish and Wildlife Service was taking the steps
             from all cooperating agencies, most increased commit           necessary to support the most critical elements of its
             ments fall upon the Fish and Wildlife Service and the          responsibilities under the revised plan. Therefore, the
             Florida Department of Natural Resources.                       Commission, in consultation with its Committee of
                                                                            Scientific Advisors, reviewed tasks identified in the
                As noted in previous Annual Reports, the Florida            plan and, on 2 March 1990, wrote to the Service.
             Legislature substantially increased funding and person-
             nel limits to enable the Florida Department of Natural            In its letter, the Commission expressed concern
             Resources to meet its expanded responsibilities under          that the level of funding needed to meet Service
             the recovery plan. In 1990, it authorized nine addi-           responsibilities was not adequate for even maintaining
             tional staff positions for the Department's mana-              past levels of effort. It also set forth views as to
             tee/marine mammal program. In 1991, these posi-                minimum levels of funding and personnel needed by
             tions were filled, doubling the size of the program's          the Service to address only its highest priority work in
             staff.                                                         Fiscal Years 1991 through 1995. For Fiscal Years
                                                                            1991 and 1992, it recommended that Service research


                                                                         7







                MARINE MAMMAL COMMISSION - Annual Report for 1991


                funding be no lower than $583,000 and $598,000,               comment on research and management activities by
                respectively, and that funding for management work            State and Federal agencies.
                be at least $315,000 and $327,000, respectively.
                                                                                 Other agencies also have increased their effort to
                   Late in 1990, the Service received a special Con-          address critical issues. A particularly good example
                gressional appropriation for additional work on               in this regard is the Navy's efforts to install propeller
                manatees and other endangered species. It was not             shrouds on its tug boats at the Kings Bay Naval Base
                clear how much of that special appropriation would be         in southern Georgia. Following the death of a few
                used for manatee work. Therefore, on 20 November              manatees that apparently were killed by the large
                1990, the Commission wrote to the Service asking for          propellers of the Base's tugs in 1989, the Navy, 'in
                information on immediate and longer term funding              consultation with the Fish and Wildlife Service,
                plans. The Service replied by letters of 12 March and         promptly began engineering studies to design a
                20 May 1991. Ile letters indicated that the Service           propeller guard to prevent animals from coming into
                planned to support manatee work in 1991 and 1992 at           contact with the propeller blades. Ile designs were
                levels that would exceed the minimum levels identified        tested and found satisfactory in 1991 and efforts are
                in the Commission's 2 March 1990 letter.              ne      now proceeding to install shrouds on all large tugs at
                Service further expressed an intent to fund research          the Base.
                and management needs after 1992 at levels compara-
                ble to those in the Commission's letter.                         Status of Boat Speed Regulatory Zones - The
                                                                              dark, turbid waters in which manatees live make
                   Among other things, the Service's strong support           spotting manatees from boats extremely difficult even
                for manatee work in 1991 enabled it to hire two               for trained observers. Expecting operators of speed-
                additional staff members to help review permit appli-         ing boats to spot and avoid hitting manatees is there-
                cations for shoreline construction projects and to            fore unrealistic. The only effective ways to reduce
                otherwise help implement the revised manatee recov-           collisions between manatees and boats, therefore, are
                ery plan. It also allowed the research staff to develop       by: (1) slowing boats down in areas where manatees
                and implement an expanded satellite tagging and               are likely to occur to afford animals a chance to avoid
                tracking program to generate accurate information on          oncoming vessels, and (2) excluding boats from core
                manatee movement and habitat use patterns. Such               areas with exceptionally dense concentrations of
                information is essential for directing efforts to develop     animals.
                site-specific boat speed regulations, to assess shoreline
                development proposals, and to guide land acquisition             Because of the extensive movements of manatees
                plans. The Service also was then able to increase its         throughout Florida and,the lack of speed restrictions
                efforts to study manatee population dynamics, ecolo-          along most of the State waterway system, slowing
                gy, and life history.                                         boats down over an area wide enough to provide
                                                                              effective protection requires imposing new speed
                   As described in this and previous Annual Reports,          restrictions for a substantial part of the State's water-
                the Marine Mammal Commission also increased its               ways. Doing so, however, increases travel time for
                efforts in support of the revised recovery plan.              many boaters. Public acceptance of and compliance
                Among other things, it provided funds to the Fish and         with new speed rules therefore requires a major
                Wildlife Service to purchase additional satellite-linked      change in the conduct of boat operators. Even more
                tags for tracking manatee movements, provided partial         basic, they require a change in attitudes regarding
                support for a study to develop and apply techniques to        responsible behavior on public waterways.
                estimate the age of salvaged manatees based on bone
                samples, helped fund a study of energetics require-              Although such factors underscore the difficulty and
                ments and thermal tolerances of lactating females and         magnitude of efforts to implement an effective boat
                their calves, and increased efforts to review and             speed regulatory system to protect manatees, the
                                                                              Florida Governor and Cabinet members recognized


                                                                          8



                                                                                                                                         M







                                                                                            Chapter H - Species of Special Concem


             the limited options available and the need to reduce          (Brevard, Collier, Martin, and Palm Beach Counties).
             manatee deaths and injuries by boats. They therefore          During 1991, the rules for Palm Beach County were
             approved a bold recommendation by the Florida                 amended and rules for four additional counties (Volu-
             Department of Natural Resources to begin developing           sia, Dade, Sarasota, and Citrus Counties) were
             boat speed regulatory systems in 13 key counties              developed and adopted.
             where manatees are most common and mortality is
             high. The recommended action also required those                 During 199 1, the Commission, in consultation with
             counties to develop and implement comprehensive               its Committee of Scientific Advisors, provided com-
             manatee protection plans. These efforts were to be            ments to the Department of Natural Resources on
             followed by similar efforts for other counties contain-       proposed rules for Palm Beach, Volusia, Dade, and
             ing important manatee habitat.                                Citrus Counties. It also provided comments to, and
                                                                           in some cases testified before, the Florida Governor
                 The recommendation was approved late in 1989.             and Cabinet during deliberations on proposed county
             As  a first step, the Department cooperated closely           rules.
             with officials and residents in each of the 13 counties
             to begin developing proposed boat speed regulations              Without exception, proposed county rules signifi-
             for all waters used by manatees in their respective           cantly strengthened manatee protection. In all cases,
             counties.   After developing proposed rules for a             the Commission expressed strong support for the pro-
             county that reflect a best effort to accommodate needs        posals. In general, it noted that the proposed speed
             of both manatees and boaters, the Department must             restrictions reflected the best available information on
             submit each county proposal to the Governor and               manatee habitat use patterns. In almost all cases,
             Cabinet for review and adoption into the State regula-        areas known to be used intensively by manatees (e.g.,
             tory code.                                                    warm water refuges) received high levels of protection
                                                                           (e.g., no-entry or slow and idle speed limits).
                Using   information on manatee distribution and
             local boating patterns, the Department and county                In addition, major travel corridors, feeding areas,
             officials have sought to apply various types of speed         and other important habitats used regularly by mana-
             restrictions throughout manatee habitat. The goal has         tees received important, though more moderate,
             been to confer effective manatee protection while             protection (e.g., shoreline or non-channel slow speed
             minimizing inconvenience to boaters. Examples of              limits). For those counties addressed to date, all areas
             the types of speed zones considered are: year-round           identified by the Commission as needing stronger boat
             or seasonal slow and idle speed zones for water bodies        speed regulations in its 1989 report on east coast
             or river segments of particular importance to mana-           manatee habitat protection needs (see Appendix B,
             tees; shoreline slow or idle speed zones applicable           Marine Mammal Commission 1989) have been ad-
             within a set distance (e.g., 50, 100, or 500 feet) from       dressed in adopted county rules. Notwithstanding its
             shore; zones in which non-channel areas are slow or           strong support for rule proposals overall, the Commis-
             idle speed while marked channels are set at higher            sion suggested a number of technical and substantive
             speeds (e.g., 25 mph); seasonal or year-round no-             changes. Many of these have been adopted.
             entry areas in which all vessel traffic is prohibited;
             and high-speed (e.g., 30 or 35 mph) water sports                 In 1992, efforts will be undertaken to complete and
             areas.                                                        adopt boat speed regulations for the remaining five
                                                                           key counties (Indian River, St. Lucie, Duval, Lee,
                As noted in previous Annual Reports, representa-           and Broward Counties). After adopting rules for all
             tives of the Commission testified before the Florida          13 key counties, the Department anticipates develop-
             Governor and Cabinet in 1989 in strong support of the         ing similar rules for important manatee habitat in
             recommended approach. In 1990, the Department                 other counties. It also will continue working with
             completed, and the Governor and Cabinet adopted,              county and municipal officials on local manatee
             rules for 4 of the 13 key counties for manatees               protection plans. These plans may refine boat speed


                                                                        9







               MARINE MAMMAL COMMISSION - Annual Report for 1991


               regulatory systems as well as address other needs,            not effective. Local residents, including the fish camp
               such as marina siting policies and guidelines for             owner and operators of marine-oriented businesses,
               shoreline development in manatee habitat.                     made known their intent to challenge the Volusia
                                                                             County rules adopted by the Governor and Cabinet.
                   Boat Speed Regulations in the Lake Woodruff               In response, the Environmental Defense Fund wrote
               National Wildlife Refuge - There has been broad               to the Fish and Wildlife Service on 7 August 1991
               support for strengthening boat speed rules to protect         recommending that the Service develop Federal
               manatees.     This support includes segments of the           regulations to back up the State regulations in the
               boating community anxious to limit speeds to improve          Lake Woodruff National Wildlife Refuge. The letter
               boater safety because waterways are becoming in-              urged the Service to use its independent authority for
               creasingly congested with faster and faster boats             regulating boat speeds within National Wildlife
               (some of which are capable of speeds in excess of 100         Refuges.
               mph). However, there also has been strong opposi-
               tion from some marine industry groups and other                  A copy of the letter was sent to and reviewed by
               segments of the boating community. Opponents of               the Commission. While the Commission agreed that
               the new rules believe the new speed limits cover too          developing back-up regulations was prudent, it was
               much area and cause vessel transit times to be unac-          not clear whether the State or the Service retained
               ceptably lengthened.                                          jurisdiction over the rivers and lakes within the Lake
                                                                             Woodruff Refuge. Therefore, on 10 September 1991,
                   A particularly contentious case in this regard arose      the Commission wrote to the Service recommending
               in 1991 in Volusia County. Over the objections of             that it consider and act promptly on the Environmental
               local officials and some residents, the Department of         Defense Fund's recommendation. It also noted that,
               Natural Resources proposed a slow speed rule for a            if the rivers and lakes were determined to be outside
               10-mile stretch along two County waterways, the               refuge boundaries and, thus, not subject to refuge
               Norris Dead River and the Zeigler Dead River,                 management authority, the Service could set speed
               associated with the upper St. Johns River. Radio-             limits using authority under the Endangered Species
               tracking data indicate that manatees using the Blue           Act and the Marine Mammal Protection Act to estab-
               Spring warm-water refuge 10 miles to the south                lish "Manatee Refuges" under 50 CFR Part 17 of the
               regularly occupy both waterways.                              Service's regulations.

                   Although most lands along the two rivers are part            On 17 October 1991, the Service replied noting
               of the Lake Woodruff National Wildlife Refuge, a              that it intended to publish a notice of intent to prepare
               privately owned sport fishing camp on the Norris              rules under the authority cited by the Commission.
               Dead River has long operated from a tract of land             Concerned about the need to act promptly, the Com-
               surrounded by the Refuge. For guests at the fish              mission wrote to the Service on 19 November 1991
               camp to reach certain preferred fishing sites, the            recommending that the Service expedite the intended
               proposed rules would increase travel time by an hour          notice. It also recommended that, if the Service had
               or more. The owner of the fish camp stated the rule           not already done so, it should immediately begin
               would encourage his clientele to go elsewhere and             developing proposed rules that include measures at
               force him out of business. After examining the issue,         least as strong as those in the State rules adopted by
               including comments and testimony provided in support          the Governor and Cabinet for Volusia County.
               of the Department's slow speed proposal by the
               Marine Mammal Commission, the Governor and                       On 27 November 1991, a formal challenge to the
               Cabinet adopted the proposed rules for Volusia                State's Volusia County boat speed rules was filed by
               County on 25 June 1991.                                       a local citizens' boating group. By the end of 1991,
                                                                             the Service had not yet published its proposed notice.
                   State law allows affected parties to challenge such
               rules. Pending resolution of a challenge, the rules are


                                                                         10






                                                                                            Chapter H - Species of Special Concem


                While boat speed regulations being adopted by the          the presence of manatees have attracted large and
             State afford a strong legal foundation for protecting         increasing numbers of recreational divers.
             manatees, their effect cannot be realized until signs
             are posted, enforcement efforts are implemented, and             In response to the increasing numbers of divers and
             vessel operators become accustomed to the new                 boaters and their potential to affect manatee use of
             restrictions. Logistic matters, including approving           Kings Bay, the Fish and Wildlife Service established
             sign placement locations and contracting for sign             three small manatee sanctuaries in parts of Kings Bay
             installation, dictate at least some delay between the         in 1980. The three areas, which cover about five
             date of rule adoption and the point at which enforce-         acres combined, were designated using the Service's
             ment can begin.                                               authority under the Marine Mammal Protection Act
                                                                           and Endangered Species Act (50 C.F.R. Part 17) to
                The two Florida inland navigation districts are            establish "Manatee Sanctuaries" (i.e., areas in which
             responsible for posting new manatee speed zones,              no waterborne activities are permitted) and "Manatee
             while enforcement duties fall primarily to the Florida        Refuges" (i.e., areas in which specific waterborne
             Marine Patrol. Substantial progress is being made in          activities can be regulated).
             posting newly regulated areas. More than 200 miles
             of waterway were posted or approved for posting in               The three sanctuaries in Kings Bay are clearly
             1991. However, all newly approv@d speed zones are             marked by ropes and buoys, and all waterborne
             not yet fully posted and enforced. It will probably           activities, including diving and boating, are prohibit-
             take several years to develop, post, and enforce rules        ed. They offer havens where manatees can retreat to
             for new manatee speed zones and to evaluate their             avoid human disturbance. Manatees have learned to
             effectiveness in reducing vessel-related manatee              use these sanctuaries and their importance is apparent.
             deaths.                                                       During periods when large numbers of divers are
                                                                           present, manatees often concentrate within or close to
                Manatee Sanctuaries - Perhaps the single most              sanctuary boundaries.
             important habitat for manatees in Florida is Kings Bay
             at the head of Crystal River on the west coast of                Since 1980, the number of divers and boaters, as
             Florida. The Bay is about one mile long and one half          well as manatees, has increased significantly. As a
             to one mile wide. It is formed by the discharge of a          result, it is no longer clear whether the three sanctuar-
             few large natural warm-water springs and many                 ies are providing adequate manatee protection. To
             smaller ones. In winter, more manatees depend on              examine this issue, the Service provided support for
             the Bay's warm waters than any other natural warm-            a study completed in 1990 to assess manatee habitat
             water refuge in Florida.                                      use patterns in Kings Bay and the effects of human
                                                                           activities on them. The report noted that the three
                in recent years, peak winter manatee counts have           existing sanctuaries did not include significant feeding
             increased significantly, making Crystal River mana-           areas and that additional sanctuaries in other parts of
             tees one of only two groups of animals in the State           the Bay appear warranted, given increasing numbers
             known to be increasing in number. Whereas maxi-               of animals using the Bay, their distribution, and
             mum counts early in the 1980s were about 100                  human activity patterns.
             animals, they are now about 300 animals. The
             increase, which appears to be due to natural recruit-            Based on the report and other information, the
             ment, very high adult survival rates, and immigration         Service proceeded to identify and assess additional
             of animals from central and southwest Florida,                possible manatee sanctuaries in Kings Bay. On 21
             indicates the special importance and suitability of           March 1991, it convened a public meeting in Crystal
             habitat in and around Crystal River for manatees.             River to receive comments on several possible sites
             The Bay, also used regularly in summer by smaller             under consideration. To provide manatees protection
             numbers of animals, is surrounded by residential and          during the coming winter when their use of the Bay
             commercial development. Its clear, warm waters and            peaks, the Service promulgated emergency rules in







                MARINE MAMMAL COMMISSION - Annual Report for 1991


                November 1991 to establish four additional manatee           1984, the Conservancy sold the islands to the Fish and
                sanctuaries.' The four areas cover a total of about 32       Wildlife Service, which incorporated them into the
                acres and include grassbeds used regularly by mana-          National Wildlife Refuge System as the Crystal River
                tees for feeding. The emergency rules went into              National Wildlife Refuge.
                effect on 15 November 1991 and expire on 14 March
                1992. Like rules for the three existing sanctuaries,            While protecting manatee habitat in Kings Bay is
                they prohibit all waterborne activities, including           essential because of its fundamental importance as a
                swimming, diving, and boating. Early in 1992, the            winter refuge, accompanying efforts also must be
                Service expects to publish proposed rules to establish       made to protect habitat used by manatees in other
                new permanent manatee sanctuaries in Kings Bay.              seasons. To help address this need, the Commission
                                                                             prepared a report on habitat requirements and protec-
                   Land Acquisition - Acquiring important manatee            tion needs for the Crystal River manatees in 1984 (see
                habitats for inclusion in existing Federal and State         Appendix B, Marine Mammal Commission 1984).
                protected area systems is a major part of the manatee
                recovery program. It is one of the most important               The report recommended that the Service and the
                means of addressing long-term habitat protection             State work together to expand the regional network of
                objectives. Often habitat most important to manatees         Refuges and Reserves to include more of the areas
                also is vital to many other wildlife species as well.        most important to manatees. The report urged atten-
                Thus, while a few acquisitions may be primarily to           tion to a four-county area (Dixie, Levy, Citrus, and
                further manatee protection, more often a potential           Hernando Counties) that contained the region's most
                site's importance as manatee habitat is but one impor-       important manatee habitat. It recommended areas for
                tant factor favoring the action.                             acquisition along the Crystal River and efforts to
                                                                             coordinate Federal and State regional acquisition
                   At the Federal level, most acquisitions to protect        efforts. In response, the Service convened a meeting
                manatees are carried out by the Fish and Wildlife            in March 1985 to develop a recommended joint
                Service using money from the Federal Land and                Federal-State approach for expanding regional acquisi-
                Water Conservation Fund. Acquired sites are added            tion efforts to better protect manatee habitat.
                to the National Wildlife Refuge System, which is
                managed by the Service. At the State level, most                Since 1985, much has been accomplished. In the
                acquisitions are made through Florida's Conservation         late 1980s, the Fish and Wildlife Service acquired
                and Recreation Lands Trust Fund. Ile State Fund is           most of the 56,000-acre Lower Suwannee National
                administered by the Florida Governor and Cabinet,            Wildlife Refuge. The refuge includes some of the
                which serve as the Fund's Board of Trustees, and by          region's most important summer feeding and resting
                a Land Acquisition Advisory Council. The latter              areas for manatees. The Service also developed and
                group evaluates and ranks acquisition projects and the       approved a proposal to add 3,000 acres along the
                Board approves or deletes listed projects. The Divi-         lower Homosassa River to its regional refuge system.
                sion of State Lands in the Department of Natural             The lower Homosassa River is an essential access
                Resources provides staff support, and the Office of          corridor to the warm-water refuge at the head of the
                Protected Species Management identifies acquisition          river and a feeding and resting area for manatees in
                projects important for manatees. Projects important          non-winter months. In 1991, the Service received
                for manatee protection are eligible for priority funding     $500,000 through the Land and Water Conservation
                through the Trust Fund.                                      Fund to acquire the area as part of the Crystal River
                                                                             National Wildlife Refuge and acquisition is expected
                   Acquisitions in the Crystal River Area: The first         to proceed in 1992.
                land acquisition principally for manatees was in the
                Crystal River area on Florida's west coast in 1982              In 1990, the Service also acquired a 3.5-acre site
                when The Nature Conservancy acquired the islands in          on Kings Bay to serve as a headquarters for its
                Kings Bay to prevent their proposed development. In          regional refuge management staff. The site, selected


                                                                         12







                                                                                         Chapter H - Species of Special Concem


             to strengthen enforcement of manatee protection rules       lished containing much of the region's important
             in Kings Bay, has a direct line of vision to the Bay's      manatee feeding and resting habitat.
             main spring, used most intensively by manatees and
             divers.                                                        Acquisitions in the Blue Spring Area: After Kings
                                                                         Bay, Blue Spring is Florida's second most important
                Recent acquisition efforts by the State in the           natural warm-water refuge for manatees. Waters
             Crystal River region have focused on a 25-mile stretch      north and south of the spring along a 25-mile stretch
             of coast from Crystal River south to Weeki Wachee           of the St. Johns River include important non-winter
             Springs. Ile northern two-thirds of this area includes      habitat for a significant number of the Blue Spring
             natural warm-water refuges at the heads of the Crys-        manatees. While Blue Spring itself is protected within
             tal, Homosassa, and Chassahowitzka. Rivers and forms        a state park and portions of the surrounding region
             the core of the region's winter manatee habitat. These      important to manatees also are protected (e.g., in the
             rivers and the network of creeks between them also          Hontoon Island State Park and Lake Woodruff Nation-
             are used by smaller numbers of manatees in other            al Wildlife Refuge), many of the most important
             seasons.                                                    surrounding areas used for travel, feeding, resting,
                                                                         and mating are outside the bounds of protected areas.
                Since  1984, five adjacent land acquisition projects
             in this area have been added to the State's Conserva-          In 1988, the Marine Mammal Commission com-
             tion and Recreation Lands priority acquisition list         pleted a second report on manatee habitat protection
             (Stoney-Lane, Crystal River, St. Martins River,             needs. The 1988 report addresses manatees on the
             Homosassa Springs, and Homosassa, Reserve).                 east coast of Florida, including the St. Johns River
             Together, they include nearly 23,000 acres. More            (see Appendix B, Marine Mammal Commission
             than 10,000 acres had been acquired as of the end of        1988). In part, the report recommends a focused
             1991.                                                       acquisition effort along the upper St. Johns River near
                                                                         Blue Spring to consolidate the regional network of
                Among the areas acquired to date is a 150-acre site      protected areas and better protect important manatee
             around the large warm-water spring at the head of the       habitats.
             Homosassa River. Discharge from the spring run
             p
              rovides the region's second most important winter             In 1990, the State's Land Acquisition Advisory
             refuge for manatees. Land around the spring has been        Council and Board of Trustees acted on two acquisi-
             designated as a state park and the upper part of the        tion projects important to Blue Spring manatees. It
             spring run is used as a site for rehabilitating injured     revised an 8,290-acre project along the St. Johns
             manatees and offering the public a chance to view           River by adding 3,700-acres. The modified project
             manatees in a natural environment. In addition, a           (Wekiva-Ocala Connector) includes about 10 miles of
             previously listed State project in the southern third of    undeveloped shoreline along the St. Johns River and
             the 25-mile stretch (Chassahowitzka, Swamp) was             Hontoon Dead River north and south of Blue Spring.
             expanded in 1988 to 23,000 acres. More than 18,500          The Board and Council also added a new 37,000 acre
             acres of that project have been purchased.                  project (Lake George) along the St. Johns River, Lake
                                                                         Dexter, and Lake George north of the Lake Woodruff
                The State's six regional projects surround the           National Wildlife Refuge. More than 19,000 acres of
             30,000-acre Chassahowitzka National Wildlife Re-            the Lake George project have been acquired.
             fuge. If all six projects are completed, Federal and
             State protection would cover more than 75,000 acres            If the two projects are completed, a continuous
             of contiguous undeveloped creeks, rivers, wetlands,         wildlife corr idor of Federal and State lands would be
             and uplands. In combination with the Lower Su-              established along most of the St. Johns River north
             wannee National Wildlife Refuge and existing State          and south of Blue Spring from Lake George to the
             Reserves and Preserves in the four-county area, an          Wekiva River. The 25-mile corridor would provide
             outstanding protected area system would be estab


                                                                     13







                MARINE MAMMAL COMMISSION - Annual Report for 1991


                a solid basis for securing long-term habitat protection     be provided and meetings with permit applicants may
                for Blue Spring manatees.                                   be scheduled.

                  Acquisitions Elsewhere in f7orida:        Still other         Because of the broad distribution of manatees in
                acquisition projects important to manatees are on the       Florida and the number of projects proposed in
                State's Conservation and Recreation Lands priority          manatee habitat, the review process is demanding.
                list. These include: Sebastian Creek (3,776 acres)          Based on reviews of the hundreds of permit applica-
                and Spruce Creek (1,790 acres), both of which are           tion notices circulated by the Corps of Engineers
                manatee feeding and resting areas and freshwater            annually, the Service has initiated consultations on an
                sources along the east coast manatee travel corridor;       average of nearly 200 applications per year in recent
                Rookery Bay (44,846 acres), which is a manatee              years.    These manatee-related consultations have
                feeding, resting, and mating area in southwest Flori-       produced more jeopardy opinions (i.e., projects
                da; and Dunns Creek (8,900 acres), a travel corridor        judged to be unacceptable because of risks to the
                and a feeding and resting area connecting Crescent          species) than for all other listed endangered species in
                Lake and the St. Johns River. During 199 1, the State       the United States combined. Comparable review
                completed acquisition of the Seabranch project (939         efforts have been undertaken at the State level by the
                acres), which includes more than a mile of shoreline        State's Office of Protected Species Management.
                along a critical segment of the east coast manatee
                travel corridor north of Hobe Sound.                           As noted above, the Commission recommended
                                                                            that the Service increase funding and staff to address
                   Permit Reviews - Each year, public and private           permit review needs. In 1991, the Service did so. To
                interests submit many hundreds of requests to Federal       help speed and improve reviews, the Commission also
                and State agencies for permission to develop or hold        has urged accelerating work on a geographic informa-
                events in public waterways. Most of these requests          tion system to facilitate access and retrieval of site-
                are for dredge and fill permits from the Corps of           specific manatee related information needed for
                Engineers and the Florida Department of Environmen-         reviewing permits (see Appendix C, Reynolds and
                tal Regulation. Many requests also are filed with the       Haddad 1990). The Florida Department of Natural
                Coast Guard for permission to hold events such as           Resources, in cooperation with the Service, has taken
                boat races or waterskiing contests. The Fish and            the lead in addressing this need.        Despite these
                Wildlife Service and the Florida Department of              efforts, the incremental effect of approved projects is
                Natural Resources' Office of Protected Species              a source of serious concern.
                Management review and comment to the responsible
                permitting agency on such permit applications when          Conclusions
                they may affect manatees.
                  For example, under authority of the Fish and                 Over the past three years, manatee recovery efforts
                                                                            have been redoubled. This is thanks largely to the
                Wildlife Coordination Act and the Endangered Species        efforts of the Fish and Wildlife Service, the Florida
                Act, the Service reviews many hundreds of permit            Legislature, the Florida Governor and Cabinet, and
                applications to the Army Corps of Engineers for             the Florida Department of Natural Resources. They
                dredge and fill projects in manatee habitat. Each           are now at a point where they have a reasonable
                application must be examined individually to assess         chance of being effective, provided efforts to see them
                the potential impact of construction work, as well as       through are continued vigorously. Because of the
                completed projects, on manatees and their habitat.          scope of what remains to be done, however, it will be
                For those that may affect manatees, formal consulta-        several years before all management components can
                tions with the permitting agency must be undertaken.        be put in place, tested, and refined as necem
                As part of this process, recommendations for permit
                conditions to mitigate or avoid possible effects must          In the interim, Florida man        remain at serious
                                                                            risk. Their future will depend on the abilit


                                                                        14







                                                                                         Chapter If - Species of Special Concem


             responsible management agencies to maintain and             mated at 1,498 animals, beach counts were roughly
             expand the efforts that have been begun. The Com-           half those recorded in 1958. A new estimate of 1,752
             mission will continue working with those most in-           seals was derived from beach counts in 1988. How-
             volved to ensure, to the extent possible, that this is      ever, because of assumptions required in calculating
             done. In this regard, the Commission plans to hold          these numbers, both estimates are believed to be high.
             its 1992 annual meeting in Florida and to devote much
             of its meeting to a review of the status and direction         Population estimates have not been developed since
             of manatee recovery efforts. Based on its review, the       1988. In part, this is because the National Marine
             Commission will provide recommendations, advice,            Fisheries Service has been unable to support all the
             and assistance as appropriate.                              field work needed for such analyses. Based on other
                                                                         population indicators, however, Hawaiian monk seals
                                                                         appear to have declined significantly since 1988.
                          HawaUm MoE& SeW
                       (Momwhus schauinshwQ                                 Between 1989 and 1990, total recorded births at
                                                                         the major pupping beaches declined nearly 40 percent
                                                                         ftom the 1988 level and about 30 percent from the
                The Hawaiian monk seal is the most endangered            average annual level between 1983 and 1988. De-
             seal in U.S. waters. It occurs almost exclusively           clines were reported at all five major breeding sites in
             along the chain of small, mostly uninhabited islets and
                                                                         1990. In 1991, the number of births recovered to
             atolls stretching 1,100 miles northwest of the main         previous levels at three sites, but continued to decline
             Hawaiian Islands. Although two other species of             at the largest pupping colony (French Frigate Shoals)
             monk seals have been described - the Caribbean              and remained low at Lisianski Island. Total births in
             monk seal (M. tropicalis) and the Mediterranean monk        1991 (165) remained about 30 percent below the 1988
             seal (M. monachus) - there have been no reliable            level (224). In addition, at French Frigate Shoals,
             sightings of the Caribbean species since 1952, and the      mean beach counts of juvenile and adult seals declined
             Mediterranean species, which may number fewer than          about 30 percent from 1989 to 1991. Although
             500 animals, is one of the world's most endangered          immature animals have been the primary group af-
             seals. Thus, the fate of the entire monk seal genus         fected by the decline, counts decreased for all age and
             may depend on the survival of Hawaiian monk seals.          sex classes. The data suggest a possible loss of 150-
                The five major breeding sites for Hawaiian monk          200 animals from that colony.
             seals are Kure Atoll, Pearl and Hermes Reef, Lis-              'Me cause of these recent trends is not clear. They
             ianski Island, Laysan Island, and French Frigate            may be caused by a combination of human and natural
             Shoals (Figure 1). Nearly half of the species' pups         factors that differ from island to island. Among those
             are born at the last site, which contains the largest       that may be at least partly responsible are interactions
             colony. Although monk seals likely occurred on the          with commercial fishing gear and fishermen, declines
             main Hawaiian Islands before human occupation,              in available prey due to over fishing or natural envi-
             there is virtually no record of their presence in           ronmental changes, entanglement in lost or discarded
             Polynesian history. Recently, however, a number of          nets or other marine debris, human disturbance on
             sightings have occurred on Kauai and, in 1991, two          pupping beaches, die-offs due to disease or naturally
             births were recorded in the main Hawaiian Islands, on       occurring biotoxins, shark predation, and, on Tern
             Oahu and Kauai.                                             Island at French Frigate Shoals, entrapment in a
                                                                         decaying seawall.     In recent years, an additional
                Shipwrecked sailors and commercial sealers are           concern has been a "mobbing" phenomenon involving
             believed to have reduced the number of monk seals to        the death and injury of adult female seals and young
             very low levels in the 1800s. The first systematic          animals of both sexes caused by overly aggressive
             counts of seals were made in the 1950s. By 1983@            groups of male seals attempting to mate.
             when the total population (including pups) was esti-



                                                                      15







                    MARINE MAMMAL COMMISSION - Annual Report for 1991


                 179'                  1715*                      170'                       165,                        160'                              154,
                                                                                                                                                               29-
                           Midway Is.

                    Kure          ee,:)) Pe if and Heffnes Reef
                    Atoll



                                                     La@san IS.
                                                         *Z,
                                   Lislaneld Is.

                                                                                                                                                             -25'


                                                                                                 ecker 1.
                                                                                                              Nihoa
                                                                         French Frigate Shoals

                                                                                                                             Kauai
                                                                                                                   Niihau            Oahu

                                                                                                                                          Molokai

                                                                                                                                                   M
                                                                                                                                                     'U'
                                                                                                                                       L.n   L
                                                                                                                                                               20*
                                                                                                                                                         wai-i 18*

                                                                 Fi re 1. The Hawaiian Archipelago
                                                                    gU


                       During 1991, particular emphasis was placed on                          Interactions with Longline and Bottomfish
                    addressing interactions with commercial fishing,                       Fisheries - In 1990, there were several reports of
                    protecting and rehabilitating pups for release back into               seals, as well as albatrosses, being killed or injured as
                    the wild, cleaning up hazardous debris, correcting                     a result of interactions with longline and bottomfish
                    structural and contamination problems at Tem Island                    fisheries. As discussed in its previous Annual Report,
                    in French Frigate Shoals, reducing the death and                       the Commission provided recommendations to the
                    injury of adult female and immature seals due to                       National Marine Fisheries Service on steps to investi-
                    of mobbing," and monitoring the five major breeding                    gate and respond to the reports. Among other things,
                    populations.                                                           the Service interviewed fishermen returning from the
                                                                                           Northwestern Hawaiian Islands, advised fishermen of
                    Interactions with Commercial Fisheries                                 concerns about potential interactions and legal require-
                                                                                           ments, and placed observers aboard some longline and
                      Hawaiian monk seals interact with at least four                      bottomfish vessels fishing in the Northwestern Hawai-
                    commercial fisheries operating around the Northwest-                   ian Islands.
                    em Hawaiian Islands - the pelagic longline fishery
                    for swordfish, other billfish, and tuna; the hook and                      Although no injuries to seals            were reported by
                    line bottomfish fishery for snapper and grouper; the                   observers placed aboard fishing vessels as of early
                    lobster fishery; and the high seas squid driftnet                      1991, Fish and Wildlife Service personnel stationed
                    fishery. Interactions may be direct (e.g., entrapment                  on Tem Island began finding injured seals and alba-
                    in gear or clubbing and shooting by fishermen seeking                  trosses. By April 1991, seven seals had been seen on
                    to protect gear or catch) or indirect (e.g., depletion of              the beaches at French Frigate Shoals or swimming in
                    seal prey species).                                                    open water with embedded hooks, cut lips, or head
                                                                                                                                                  *H.w.JU











                                                                                       16







                                                                                             Chapter H - Species of Special Concem


             injuries suggesting that they had been clubbed. There             Ile National Marine Fisheries Service acted
             were also reports of large numbers of albatrosses             shortly after receiving the new reports of injured seals
             killed or injured by longline fishermen. The increase         early in 1991. It began investigating the extent of the
             in reported deaths and injuries coincided with expan-         problem by interviewing fishermen returning to port
             sion of the pelagic longline fishing fleet in Hawaiian        from the Northwestern Hawaiian Islands, sending
             waters from about 15 vessels in 1988 to more than             researchers to haulout beaches in the area to look for
             150 vessels in 1991. In addition, a number of long-           additional evidence of injured seals, and placing
             line vessels were observed fishing within sight of            observers aboard bottomfish and longline vessels
             French Frigate Shoals.                                        fishing around the Northwestern Hawaiian Islands.

                Concerned that observed injuries were but a                    At the same time, the Western Pacific Regional
             fraction of the total number of animals being killed or       Fishery Management Council also began assessing
             injured and also alarmed by the rapid growth of the           how to respond to the reports. With regard to regula-
             longline fleet, the Western Pacific Regional Fishery          tory measures, the Council recommended, and the
             Management Council and the National Marine Fisher-            Service adopted, emergency rules on 18 April 1991 to
             ies Service took a number of steps in 1991. In                establish a Protected Species Zone within 50 nautical
             particular, the two agencies acted on various emergen-        miles of the Northwestern Hawaiian Islands and in
             cy rules and amendments to fishery management plans           corridors between the islands. The rules prohibited
             for pelagic longline and bottomfish fisheries off the         pelagic longline fishing within that zone and required
             Northwestern Hawaiian Islands. The Commission, in             bottomfish fishermen to notify the Service before
             consultation with its Committee of Scientific Advisors,       leaving port if they planned to fish in that area. The
             provided recommendations throughout the process (see          latter provision, adopted as a permanent rule on 30
             Appendix A, 7 February, 1 April, 19 April, 23 April,          May, was intended to assure the Service an opportuni-
             9 August, 16 August, 20 September (two letters), 17           ty to place observers aboard bottomfish vessels. At
             December, and 20 December 1991).                              the recommendation of the Council, the Service
                                                                           extended the emergency rules establishing the Protect-
                In its series of letters, the Commission recommend-        ed Species Zone on 19 July. The rules were made
             ed that: waters within 50 nautical miles of the North-        permanent on 18 October 1991.
             western Hawaiian Islands be closed to pelagic longline
             fishing; observers be placed aboard a representative              Some longline fishermen attempted to continue
             sample of longline vessels fishing between 50 and 100         fishing in the closed area by using longline gear
             nautical miles of the Northwestern Hawaiian Islands           shorter than the one-mile regulatory definition of such
             and a sample of bottomfish vessels operating over             gear. In response, the Service adopted an emergency
             adjacent reefs to document any interactions with seals;       rule on 2 August 1991 redefining longline gear within
             formal consultations under section 7 of the Endan-            the Protected Species Zone as longline gear of any
             gered Species Act be reinitiated to address the effect        length. Emergency rules limiting new entries into the
             of the fisheries on monk seals; haulout beaches be            longline fishery also were adopted on 12 April 1991
             monitored closely for further evidence of fishery-            and extended on 24 June and 22 August.
             related effects; steps be taken to evaluate the applica-
             tion and required use of satellite-linked radio transmit-         The Coast Guard is responsible for assisting the
             ters aboard longline vessels to monitor vessel posi-          National Marine Fisheries Service with enforcement
             tions in real-time; and satellite tagging studies of seals    of fishery regulations. Because of limited funds,
             be designed and implemented by the 1992 field season          however, the Coast Guard was not making overflights
             to provide a better basis for assessing the occurrence        off the Northwestern Hawaiian Islands early in 1991.
             and habitat use patterns of seals beyond 50 nautical          On 25 February 1991, the Commission wrote to the
             miles from shore.                                             Coast Guard asking that the Coast Guard assist efforts
                                                                           to detect and enforce fishing violations in monk seal
                                                                           habitat by providing surveillance flights off the


                                                                        17


    M







                MARINE MAMMAL COMMISSION - Annual Report for 1991


                Northwestern Hawaiian Islands. The Coast Guard                 sea in 1992. The study should provide at least some
                responded positively and so advised the Commission             data to address this critical concern.
                by letter of 21 March 1991.
                                                                                  Interactions with the Lobster Flishery - Deple-
                   To help address long-term enforcement needs, the            tion of lobster and other prey species by commercial
                Western Pacific Regional Fishery Management                    fishermen in the Northwestern Hawaiian Islands also
                Council contracted for a study to test various types of        may adversely affect monk seals and impede their
                real-time vessel tracking systems. The study was               recovery.    Among other things, decreased prey
                carried out in the spring and summer of 1991 and a             availability could depress birth rates and increase
                copy of the study report was sent to the Commission            mortality, particularly among pups, as has been
                by the Council. The report indicated that available            observed in recent years. Lobsters are suspected to
                technology was reliable, could assure confidentiality          be important prey of Hawaiian monk seals. During
                of location data, and was not cost-prohibitive. On 20          1990 and early 1991, lobster stocks were reduced by
                November 1991, the Commission wrote to the Service             commercial fishermen and/or possible environmental
                commending the Council's efforts and recommending              changes to levels approaching, and perhaps lower
                that the Service immediately review the report with a          than, 20 percent of the pre-exploitation level.
                view towards developing a strategy that would require
                vessel tracking devices aboard longline vessels at the            'The fishery management plan adopted           by the
                earliest possible date.                                        National Marine Fisheries Service for lobster in the
                                                                               western Pacific defines "overfishing" of lobster stocks
                   As of the end of 1991, no injured seals other than          in the Northwestern Hawaiian Islands as fishing which
                those reported early in the year had been documented           reduces the stock to a level equal to or less than 20
                by fishery observers or researchers on island beaches.         percent of the spawning stock biomass that existed
                However, the Service rejected the Commission's                 before exploitation, which began in 1978. In re-
                recommendation to place observers aboard longline              sponse, the Western Pacific Regional Fishery Manage-
                vessels fishing between 50 and 100 nautical miles              ment Council requested, and the Service adopted, an
                from shore. In doing so, the Service stated that,              emergency rule closing the lobster fishery in the
                because nearly all monk seals occur only in the SO-            Northwestern Hawaiian Islands as of 8 May 1991.
                nautical-mile Protected Species Zone, it assumed that
                all seal injuries occurred within this zone, and it               In addition, the Council began developing a recom-
                believed that the expense of placing observers aboard          mended amendment to the crustacean fishery manage-
                longline vessels was not justified.                            ment plan for the western Pacific.         Its proposed
                                                                               amendment called for a limited-entry system that
                   The Commission is aware of no reliable informa-             would freeze the size of the lobster fleet at approxi-
                tion on at-sea movement patterns of seals during their         mately current levels, an annual six-month closed
                absence from island beaches or on the geographic               season prior to and during part of the spawning
                range of fishery interactions. In rejecting the Com-           season, and a system for setting annual harvest
                mission's recommendation for longline observers                quotas. By letter of 7 November 1991, the Service
                between 50 and 100 nautical miles, the Service                 asked the Commission for comments on the Council's
                provided no data on at-sea movements to support its            proposed amendment.
                statements. Thus, the Commission remains concerned
                that seals may be injured by longline fishing beyond              The Commission, in consultation with its Commit-
                50 nautical miles from shore and may die before they           tee of Scientific Advisors, replied on 6 December
                can reach shore. At the end of 199 1, it was the               1991, supporting all measures proposed by the Coun-
                Commission's understanding that the Service planned            cil. Tle Commission noted, however, that recent
                to support the study recommended by the Commission             declines and the ultimate recovery of Hawaiian monk
                to begin tagging seals and tracking their movements at         seals may be related to the recent declines and recov-
                                                                               ery of lobster stocks in the Northwestern Hawaiian


                                                                          18







                                                                                           Chapter 11 - Species of Special Concem

             Islands. It therefore recommended that the Service           from French Frigate Shoals and released on Kure in
             consult with the Council under section 7 of the              1990. In 1991, six additional animals were rehabili-
             Endangered Species Act. The purpose of the consul-           tated and released.      Fourteen of the 20 animals
             tations would be to determine whether, in light of the       rehabilitated and released at Kure were known to be
             recent declines in both species, the definition of           alive as of the end of the 1991 field season.
             overfishing and other measures in the crustacean
             fishery management plan fully reflect ecological                In recent years, the Coast Guard has helped rebuild
             relationships between monk seals and lobsters as             the Kure Atoll seal colony by reducing human distur-
             required by the Magnuson Fishery Conservation and            bance of pupping beaches. This has been done by
             Management Act.        Also, the consultation should         placing some, though not all, beach areas off-limits to
             determine whether the plan provides a level of protec-       its station personnel. During 1991, the Coast Guard
             tion for lobster stocks sufficient to assure recovery of     announced its intent to close the Kure Atoll LORAN
    7        monk seals.                                                  station by July 1992. ' At that time, the island will be
                                                                          returned to the State of Hawaii, and disturbance
             Head Start and Pup Rehabilitation Programs                   should be effectively eliminated. During 1991, the
                                                                          Coast Guard began consultations with the State and
                Since the late 1950s, Hawaiian monk seal numbers          the National Marine Fisheries Service on steps that
             have declined significantly in the western end of the        would be taken to close the station.
             Northwestern Hawaiian Islands. At Kure Atoll, the
             westernmost island in the chain, the decline appears to         Seals released from the head start and pup rehabili-
             have been related to the disturbance of seals on             tation programs now constitute a majority of the
             pupping beaches by Coast Guard personnel stationed           females giving birth on Kure Atoll, and beach counts
             on the atoll and to a very low pup survival rate             on the atoll have increased significantly since 1981.
             through the first year of life, Births on the atoll          In light of the Coast Guard's plans and the past
             gradually declined as breeding females disappeared           success of efforts to reverse the decline in the Kure
             and apparently died. They reached a low point in             Atoll seal colony, the Service plans to shift efforts in
             1986 when only one pup was born.                             1992 to Midway, the atoll immediately east of Kure.

               To help rebuild the number of breeding females at             The seal colony at Midway has declined to only a
             Kure, the National Marine Fisheries Service began a          few individuals, and in 1991 only two births were
             head start program in 1981. The effort involves              reported. A study to test for ciguatera, a naturally
             removing newly weaned female pups from the beaches           occurring biotoxin that may accumulate in monk seal
             of Kure, placing them in an enclosed pen on the              prey, will be done at Midway early in 1992. If the
             atoll's shoreline, raising them through their first          results indicate that levels of the toxin pose no threat
             summer in the protective enclosure, and releasing            to monk seals, rehabilitated pups from French Frigate
             them back into the wild at Kure. From 1981 through           Shoals will be released at Midway later in 1992.
             1991, 33 pups were treated and released, including 5         Head start efforts will not be undertaken at Midway
             in 1991. As of the end of the 1991 field season, 25          unless it is determined that pup survival rates are low.
             of the 33 head start animals released on Kure Atoll          Efforts at Kure in 1992 will be limited to monitoring
             were known to be alive.                                      the colony to determine if further efforts to rebuild the
                                                                          population are necessary.
               To supplement these efforts, emaciated female pups
             unlikely to survive on their own have been taken from        Interactions with Marine Debris
             French Frigate Shoals for rehabilitation since 1984.
             These animals are moved to facilities in Honolulu,              Hawaiian monk seals, particularly pups, can be
             hand-reared, and later released at Kure. As of the           attracted to derelict fishing nets and other marine
             end of 1990, 14 rehabilitated pups had been released         debris. Once attracted to such material, they may
             at Kure. In addition five healthy pups were taken            become entangled, possibly leading to injury or death


                                                                      19







                MARINE MAMMAL COMMISSION - Annual Report for 1991


                (see Chapter VI). Seals also may ingest small items           from the Northwestern Hawaiian Islands has more
                of debris. While evidence of entanglement is clear,           than doubled. Efforts to reduce sources of marine
                no documented cases of monk seals' ingesting debris           debris are discussed in Chapter VI.
                have been reported. Ingestion of debris has been
                reported in other seal species.                                  In 1991, derelict "lightsticks"     used by longline
                                                                              fishermen also became a source of concern. Light-
                   From 1974 through 1984, at least 35 cases of               sticks are sealed plastic tubes, several inches in
                entangled monk seals were documented. In most                 length, filled with liquid. When bent, an interior tube
                cases, seals were able to free themselves without             is snapped, releasing chemicals that react to produce
                injury. From 1985 through 1990, 51 entanglement               a phosphorescent glow lasting several hours. Light-
                incidents were observed, including four instances in          sticks are attached near baited hooks where their light
                which seals were known to have died. A few other              attracts target species, such as swordfish and albacore,
                seals that were badly entangled likely would have died        as well as other animals during nighttime fishing.
                had researchers not freed them. Derelict trawl net            Fish and Wildlife Service personnel stationed on Tern
                webbing appears to be the most common and most                Island in French Frigate Shoals began finding large
                hazardous form of debris for seals. Routine efforts           numbers of lightsticks washing ashore early in 1991
                were begun in 1982 to remove hazardous debris                 during the period when longline fishermen operate
                washing ashore.                                               closest to the Northwestern Hawaiian Islands.

                   Observed entanglement rates have fluctuated.                  There was no evidence of lightsticks being ingested
                From 1982 to 1985, they declined to a low point of            by seals. However, they did find lightsticks in the
                about 0.05 incident per 100 camp days per 100 seals           gullets of some albatrosses. It appeared that light-
                (including pups and adults). Between 1985 and 1988,           sticks, used in the tens of thousands by lon,gline
                they increased steadily to a high of about 0.5 incident       fishermen, were being discarded after use. Discard-
                per 100 camp days per 100 animals. For pups alone,            ing any plastics in U.S. waters is illegal. When the
                entanglements in 1988 averaged about 1.5 incidents            matter was brought to the attention of the Western
                per 100 camp days per 100 pups.                               Pacific Regional Fishery Management Council, it
                                                                              wrote to the National Marine Fisheries Service asking
                   In 1989, observed entanglement rates declined              that steps be taken to assess possible effects on
                slightly, in 1990 they declined substantially, and in         Hawaiian monk seals. A copy of the Council's 5 July
                1991 they increased again to a level approximately            1991 letter was sent to the Commission and, on 16
                half that observed in 1988. Six entanglements were            August 1991, the Commission wrote to the manager
                recorded in 1991, none of which are known to have             of the Service's Marine Entanglement Research
                resulted in the animal's death. Entanglement rates            Program.
                vary from island to island and have consistently been
                greatest at Lisianski Island where, between 1982 and             In its letter, the Commission noted the need to
                1988, they averaged 4.4 entanglements per 100 camp            investigate possible toxic effects of chemicals in
                days per 100 seals. Unfortunately, there is no basis          lightsticks on wildlife as well as possible mechanical
                for estimating the number of animals entangled                injury due to ingestion by seals or albatrosses. It also
                offshore that do not make it back to the beach.               noted that fishermen should be advised that lightsticks
                                                                              were being found on island beaches and posed a
                   To mitigate the problem, researchers attempt to            hazard to protected species, that intentional discard is
                free any observed entangled animals and to remove or          illegal, and that fishermen are obligated to take steps
                destroy debris that washes ashore. Since 1985, the            to prevent intentional or unintentional losses.
                Service's Marine Entanglement Research Program has
                provided funds to help defray program costs needed               The program manager replied on 27 September
                to accomplish these objectives.        Since 1985, the        1991, noting that brochures and placards had been
                amount of debris observed and removed or destroyed            provided to the Service's Regional Office in Honolulu


                                                                          20







                                                                                              Chapter H - Species of Special Concern


             describing legal requirements governing the disposal            wildlife populations, assisted in airlifting emaciated
             of plastics and other garbage at sea. The materials             sea] pups to rehabilitation facilities for subsequent
             would be provided to fishermen during meetings on               restoration of other island colonies, and freed monk
             various fishery issues, including the need to retain            seals and sea turtles that might otherwise have died
             lightsticks for disposal back in port. The letter also          from debris and entrapment in the island's deteriorat-
             advised that a preliminary assessment of the chemicals          ing seawall.
             in lightsticks indicated that they are non-toxic and that
             the matter was bein further investigated by contacting             Tern Island, however, is also a source of serious
                                  9
             the manufacturer.                                               problems and faces an uncertain future.               When
                                                                             constructing the runway, the Navy installed 20 under-
                Late in 1991, there was a significant decline in the         ground fuel tanks. When the Navy withdrew from the
             number of lightsticks found on French Frigate Shoals            island, many of the tanks were left fall or partially
             by Fish and Wildlife Service personnel. In the past,            full. With age, the tanks began leaching their hazard-
             however, peak occurrence on the beaches has been in             ous contents into island subsoil. Large amounts of
             late winter when fishing vessels were closest to the            cable and other debris capable of entrapping wildlife
             Northwestern Hawaiian Islands. Thus, it is not yet              also were buried when the runway was built or left on
             clear whether the decline resulted from a reduction in          an adjacent island. When the Coast Guard abandoned
             the number of lightsticks being lost or discarded or            the island, it left behind generators and electrical
             from the seasonal location of fishing operations.               equipment containing highly toxic polychlorinated
                                                                             biphenyls (PCBs). Complicating these problems, the
             Tern Island Cleanup and Seawall Repair                          protective seawall has deteriorated to a point where
                                                                             complete structural failure and massive erosion are
                Tern Island is a strategically vital facility for            imminent.
             protecting Hawaiian monk seals, seabirds, and sea
             turtles. Located 500 miles west-northwest of Honolu-               In the late 1980s, the Fish and Wildlife Service
             lu, it is the only permanently occupied field station in        considered abandoning the field station as a cost-
             the Hawaiian Islands National Wildlife Refuge, which            cutting measure. The Commission, as well as Con-
             includes a number of small islands extending nearly             gress and others, urged the Service not to do so.
             1,000 miles from Nihoa Island to Midway.                        After further analysis and with special Congressional
                                                                             appropriations for the Hawaiian Islands Refuge, the
                The island is little more than a 3,000-foot runway           Service agreed. Since then, the Commission, the
             built by the Navy on an I I-acre island in 1942. Navy           Service, the Navy, the Corps of Engineers, and the
             construction expanded the island to 37 acres, most of           National Marine Fisheries Service have worked
             which was sand and coral backfill. behind a sheet-              closely to organize efforts to clean up the island and
             metal bulkhead. In 1952, the Coast Guard took over              repair its seawall. In 1991, involved agency officials
             the island to establish a LORAN navigation station.             reviewed progress and coordination needs during the
             In 1979, the Coast Guard station was closed and the             Commission's 25-27 April annual meeting in Belle-
             Fish and Wildlife Service began using the facilities as         vue, Washington, and during a 5-6 November Hawai-
             a full-time field station.                                      ian monk seal program review in La Jolla, California.

                As in previous years, the importance of the field               As part of initial efforts, the Fish and Wildlife
             station and its facilities was illustrated again in 1991        Service and the Corps of Engineers signed an agree-
             when Fish and Wildlife Service personnel documented             ment late in 1990 for an engineering study to identify
             evidence of commercial fishery-related injuries to              alternative approaches for restoring the seawall. In
             monk seals and albatross and alerted fishery manag-             1991, the two agencies also reached an agreement for
             ers. Field station personnel also documented' the               immediate action to proceed with cleanup efforts.
  T          occurrence of and problems associated with light-               Using funds available under the Defense Environmen-
             sticks, helped monitor the status of seal and other             tal Restoration Act, Which establishes an account to


                                                                         21







                MARINE MAMMAL COMMISSION - Annual Report for 1991


                support work on mitigating environmental damage and           To address this problem, the National Marine
                hazards caused by Defense Department activities, the       Fisheries Service has investigated the possibility of
                Corps emptied the underground storage tanks, filled        removing selected male seals known or suspected to
                them with a concrete slurry to stabilize them, and         have engaged in male mobbings, and administering a
                removed the electrical equipment containing PCBs.          drug to suppress testosterone production and reduce
                Further work to treat or remove soils contaminated by      their libido, or otherwise treating problem males.
                leaking fuel may be undertaken in 1992.                    Because of risks to the island colonies, including the
                                                                           possibility of removing or otherwise interfering with
                   With regard to repair of the deteriorating seawall,     dominant males responsible for siring pups, the
                the Fish and Wildlife Service has conducted a bathy-       Service has proceeded cautiously. Work to date has
                metric survey and provided funds to the Corps for the      been limited to monitoring the nature and frequency
                engineering study. Based on the results, a recom-          of mobbing incidents, identifying male seals involved,
                mended approach will be selected and the Corps will        collecting tissue samples for analyses to identify male
                enter a project design phase expected to be completed      seals responsible for siring pups, and testing on
                in 1993. Construction could begin by 1995.                 captive males a drug that temporarily suppresses
                                                                           testosterone levels.
                Male Mobbing Behavior                                         In previous years, the Commission has recom-
                   As noted above, recovery of Hawaiian monk seals         mended that certain background studies be completed
                at some of the major breeding colonies is being            before any field testing to address the problem.
                impaired by the death of females and immature seals        Although much background work has been done, all
                as a result of aggressive attacks by groups of up to 25    of the recommended studies have not been completed
                male seals attempting to mate. These incidents are         and some critical questions remain unanswered. For
                believed to have caused a skewed sex ratio favoring        example, genetic studies to identify dominant male
                males at some atolls. During mobbing incidents,            seals responsible for siring pups have not been com-
                aggressive males repeatedly bite and scratch their         pleted. Also, while a testosterone suppressant drug
                victims on the back and neck, often causing serious        has been tested on captive animals and shown to
                injuries. Some female victims die directly from the        depress testosterone levels, it has not been determined
                injuries and others are probably killed by sharks          whether doing so will also decrease the libido of
                attracted by secretions from open wounds. Mobbing          treated males.
                incidents have been most apparent at Laysan Island
                but have also been seen on Lisianski Island and               Nevertheless, the number of female seals being
                French Frigate Shoals.      The frequency of these         killed as a result of male mobbing is far out-pacing
                incidents appears to have increased in recent years.       recruitment at some colonies and thereby is seriously
                                                                           threatening their future reproductive potential.
                  Mobbing behavior threatens the reproductive              Therefore the Service is considering a limited field
                potential of affected colonies by reducing the number      trial of the testosterone suppressant drug during the
                of breeding females. For example, at Laysan seven          1992 field season to examine behavioral and social
                                                                           structure effects of chemically "removing" males
                mature females were killed in 1989, while only one
                animal was recruited to the breeding population. In        involved in mobbing. Favorable results from the
                1990, two mature females were killed and two recruit-      experiment would be followed by further drugging
                ed. In both years, male and female pups were also          and/or actual physical removal of offending males.
                killed in mobbing incidents at the island. If the          At the end of 1991, a decision on whether to proceed
                behavior continues, the ratio of males to females will     had not been made and was to be considered further
                become more strongly skewed towards males, which           at a Hawaiian Monk Seal Recovery Team meeting
                could exacerbate the problem.                              scheduled for 13-15 January 1992.




                                                                       22



                                                                                                                                    M







                                                                                            Chapter H - Species of Special Concem


             Hawaiian Monk Seal Program Review                                On 20 December 199 1, the Commission, in consul-
                                                                           tation with its Committee of Scientific Advisors,
                As described in previous Annual Reports, in the            provided its conclusions and recommendations to the
             late 1980s, support and direction of the Hawaiian             National Marine Fisheries Service and the Recovery
             monk seal recovery activities did not appear to be            Team. Regarding interactions with commercial fisher-
             commensurate with the species' critical status. To help       ies, the Commission recommended that: (1) a pilot
             address problems facing the species, the Commission           program to track monk seals using satellite-linked tags
             recommended to the National Marine Fisheries                  be designed and organized in time for use in the 1992
             Service that the Hawaiian Monk Seal Recovery Team,            field season to assess at-sea foraging and habitat use
             which had not met since 1984, be reconvened. The              patterns; (2) fishery observer programs be reviewed to
             Service agreed and scheduled a meeting for 12-14              ensure that they provide useful and reliable data on
             December 1989. To ensure that the Service and the             interactions between monk seals and fishing opera-
             Team had a careful review of the critical issues, the         tions, including those for vessels operating between 50
             Commission, in cooperation with the Service, also             and 100 nautical miles of the Northwestern Hawaiian
             convened a 4-5 December 1989 review of the Hawai-             Islands; (3) information on monk seal prey species,
             ian monk seal recovery program. The Commission                particularly those taken by commercial fisheries, be
             provided results from the review, including recom-            compiled and used to design studies to monitor prey
             mendations, to the Service and the Recovery Team by           abundance; (4) a pending proposal be adopted to limit
             letter of 11 December. As noted in the 1990 Annual            new entrants to the Northwestern Hawaiian Island
             Report, most of those recommendations were adopted.           lobster fishery and develop annual harvest quotas; and
                                                                           (5) the Service evaluate whether its definition of
                As indicated above, many critical recovery issues          overfishing for lobsters, which allows lobster stocks
             remain. To provide further assistance in identifying          off the Northwestern Hawaiian Islands to decline to a
             priority needs, the Commission, again in cooperation          level 80 percent below historic levels, provides
             with the National Marine Fisheries Service, scheduled         adequate protection for monk seals, given predator-
             another program review for 5-6 November 1991 at the           prey relationships between the two species.
             Service's Southwest Fisheries Science Center in La
             Jolla, California. Ile review was again scheduled so             With respect to the male mobbing problem, the
             that the results could be provided to the Recovery            Commission recommended that the Service provide
             Team in time for its meeting later in the winter. To          the Recovery Team and the Commission with key
             make the review as productive and as valuable as              background information on the mobbing issue so that
             possible, the Commission invited representatives of           the best possible advice on how to proceed in the
             the Fish and Wildlife Service, the Navy, the Corps of         coming field season could be developed during and
             Engineers, and the Coast Guard.                               after the January 1992 Recovery Team meeting.
                                                                           Among other points, the background materials should
                The review confirmed that much progress had been           cover information on the nature and frequency of
             made since the 1989 program review. For example,              mobbing events, alternative and recommended courses
             the Recovery Team had resumed a regular meeting               of action, possible beneficial and detrimental effects of
             schedule, the budget for monk seal recovery activities        each alternative, and the results of studies to date to
             had been increased, and the overview of monk seals            identify animals that would and would not be treated.
             in captivity had been greatly strengthened. Partici-          Also, if the Service's preferred approach continues to
             pants noted, however, that most funding and staff             be experimental use of the'testosterone suppressant
             effort was still being devoted to population monitoring       drug, the Commission recommended that the back-
             and data analyses that do little in and of themselves to      ground material include an experimental design with
             actually restore the species. Participants felt strongly      decision criteria for evaluating study results.
             that the information base had evolved to a point where
             greater emphasis could and should be placed on work              In other areas, the Commission also recommended
             directly related to specific restoration tasks.               that: (1) population monitoring studies be continued


                                                                       23







                MARINE MAMMAL COMMISSION - Annual Report for 1991


                during the coming field season, but that use of alter-                         SteZer SmLion
                native sampling and census techniques (e.g., alternate                     (EmutopiminbaW)
                year or triennial censuses of indicator groups, remote
                sensing, and aerial photogrammetry) be pursued to                Steller or northern sea lions inhabit coastal areas
                allow shifting more funds and staff time to tasks             along the rim of the North Pacific Ocean from the
                directly contributing to recovery; (2) membership of          Channel Islands in southern California through the
                the Recovery Team be expanded to include additional           Gulf of Alaska and Aleutian Islands to northern
                behavioral expertise, a physical oceanographer, and a
                                                                              Hokkaido, Japan. In the United States, Steller sea
                representative of the Fish and Wildlife Service;              lions are most abundant in the Aleutian Islands and
                (3) officials involved in inspecting facilities maintain-     Gulf of Alaska.
                ing captive monk seals be augmented to include
                marine mammal experts; and (4) support be provided
                to continue regular meetings of an interagency work-             Available information indicates that Steller sea
                ing group formed as a result of the Commission's pro-         lions numbers are declining substantially throughout
                                                                              most of their range. Recent censuses of major rook-
                grain review to coordinate efforts to clean up Tem            eries and haulouts in the western Gulf of Alaska and
                Island and repair its seawall. With respect to the            eastern Aleutian Islands in the United States and in the
                interagency working group, the Corps of Engineers
                convened the group soon after the November 1991               Kuril Islands in Russia indicate declines in some areas
                program review to discuss the range of issues affect-         of up to 90 percent over the past 30 years. The
                ing restoration of the seawall on Tem Island.                 declines have occurred principally since the mid-
                                                                              1980s. Between 1985 and 1989, for example, the
                   With regard to closing the Coast Guard's LORAN             number of sea lions counted in the eastern Aleutian
                station on Kure Atoll in 1992, the Commission recom-          Islands declined by more than 70 percent. A sum-
                mended in its letter that the Service complete consul-        mary of Steller sea lion counts in the United States,
                                                                              Canada, and the former Soviet Union is given in
                tations with the Coast Guard on the effects of activi-        Table 3.
                ties associated with closing the station. Among the
                needs and activities of concern are the complete                 The cause or causes of the declines are uncertain.
                removal of the solid waste dump on the island,                Natural factors, such as predation by sharks and killer
                demolition of some of the buildings, dismantling of           whales, parasites, disease, and natural changes in
                equipment, and removal of all hazardous materials             environmental conditions, may have influenced the
                associated with generators and other equipment at the         population. Likewise, there have been effects result-
                station. To ensure that such work is carried out with         ing from human-caused factors, such as subsistence
                minimal effect on the atoll's seal population, the            harvesting by Alaska Natives, mortality incidental to
                Commission recommended that the Service place an              commercial fishing activities, commercial over-exploi-
                observer on the island to monitor and, as necessary,          tation of important prey species, the release of toxic
                provide advice on measures to protect seals during the        pollutants, entanglement in marine debris (largely lost
                principal work period to dismantle and remove                 or discarded fishing gear), disturbance by boats and
                equipment.                                                    aircraft, and the deliberate shooting of sea lions as
                   At the end of 1991, the Commission looked                  well as discharge of firearms at or near rookeries and
                forward to providing continued advice and assistance          haulout sites. In addition, commercial hunting, which
                to the many agencies whose cooperation is so impor-           ceased in the United States when the Marine Mammal
                tant to the success of the Hawaiian monk seal recov-          Protection Act was passed in 1972, may have been
                ery program. It also looked forward to the results of         responsible for at least part of the earlier observed
                the January 1992 Hawaiian Monk Seal Recovery                  decline.
                Team meeting and the Service's reply to its 20 De-
                cember 1991 recommendations.




                                                                          24







                  Table 3.       Summary of High Counts of Steller Sea lJons at Rookeries and Haulouts in the United States, Canada, and the Former
                                 Soviet Union


                                                                                                                                                                                            Percent
                                                                                                                                                                                    Change Since
                  Suge                                                                                                       1989                   1990
                        j'Area                       1956-19                1975-19aQ            1982-198                                                                 1991     Earliest Coun
                  Former Soviet Union
                  Kuril Islands                           14,076                      -             8-12,000                 3,615                    -                     -            -75
                  Kamchatka Peninsula                     15,000             10-15,000              8-12,000                 3,082                    -                     -            -80
                  Commandef Islands                       12,592                 4,578                 3,500                   890                    -                     -            -93
                  Okhotsk Sea                              5,000                 1,200                 1,500                   900                    -                     -            -82
                  Robben Island                               200                     -                    -                   200                    -                     -             0

                  Alaska
                  Western Aleutians                       17,910               27,229                      -                 9,516                    -                 4,922            -73
                  Central Aleutians                       31,040               41,677                 25,759                 7,759                8,711                 8,966            -71
                  Eastern Aleutians                       52,530               23,922                  10,802                3,145                4,87S                 5,291            -90
                  Bering Sea                               7,000                 4,950                 1,000                   667                    -                     -            -90
                  Central and Western
                    Gulf of Alaska                        59,470               45,594                 31,056                14,094                14,274                13,056           -78
                  Eastern Gulf of
                     Alaska                                     -                7,053                     -                 7,241                5,444                 4,596            -35
                  southeast Alaska                         7,000                 6,376                 6,898                 8,471                7,629                 7,71S            +10

                  British Columbia
                  (three rookeries)                       11,500                 3,500                 4,000                 4,000                                                       -65
                                                       (pre-1965)
                  Continental U.S.
                  California, Oregon,
                    and Washington                         8,000                 5,410                 4,500                 4,000                    -                     -            -So
                  Farallon Islands                                                   110                   75                    49                   97                    -            -12
                  Afio Nuevo                               1,334                 1,497                 1,169                      -                   458                   -            -65
                                                                                                                                                                                                            Cn
                  Oregon                                        -                1,214                 2,019                 1,854                2,569                     -            +53

                  Referen
                  Bonnell, M.L., M.O. Pearson, and G.D. Farrens. 1983. Pinnipeds and sea otters of central and northern California, 1980-1983:            status, abundance and distribution.   Final       0
                            Report to the U.S. Minerals Management Service. Contract AA551-CT,9-33.
                  Byrd, G.V. and D.I. Nysewander. 1988. Observations of northern sea lions in the Western Aleutian Islands, Alaska, in 1988. Alaska Maritime National Wildlife Refuge,
                            U.S. Fish and Wildlife Service, Adak, Alaska.
                  Loughlin, T.R., A.S. Perlov, and V.A. Vladimirov. in press. Range-wide survey and estimation of total abundance of Steller sea lions in 1989. Marine Mammal science'
                  Merrick, R.L., T.R. Loughlin, and D.G. Calkins. 1987. Decline in abundance of the northern sea lion#' Ewnetoplasjubatus, in Alaska, 1956-86. Fishery Bulletin 85:351-
                            365.
                  Merrick, R.L.. M.K. Maminov, J.D. Baker, and A.G. Makhnyr. 1990. Results of the U.S.-U.S.S.R. joint marine mammal research cruise in the Kuril and Aleutian
                            Islands 6 June-24 July 1989. U.S. Department of Commerce, NOAA Technical Memorandum NMFS FINWC-177.






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                   The most likely causes of the recent declines are          letter of 20 December 1989, the Commission recom-
                incidental take by trawl fisheries (more than 20,000          mended that the Service act immediately on the
                animals between 1966 and 1988), commercial exploi-            petition and that it complete and distribute a draft
                tation of important prey species, particularly walleye        Steller sea lion conservation plan by March 1990.
                pollock (7heragra chalcogramma), and shooting by              The Commission wrote the Service again on 31
                fishermen to defend their gear or catch. Sea lions in         January 1990 to stress the importance of acting
                the central Gulf of Alaska seem to be growing more            promptly on the Environmental Defense Fund               s
                slowly and reaching sexual maturity later in life,            petition and completing a recovery plan or conserva-
                suggesting that decreased food availability may be at         tion plan for Steller sea lions. At that time, the
                least one of the causes of the declines. At present,          Commission also recommended that the Service take
                one cannot say whether the apparent nutritional               steps to prepare proposed rules listing the Steller sea
                problem is due to natural or human-related causes or          lion under the Endangered Species Act, and establish
                a combination of the two. Ecologically sound man-             a Steller Sea Lion Recovery Team to expedite the
                agement dictates that, unless it is determined that the       preparation of a recovery or conservation plan.
                declines are due to natural factors, efforts should be
                focused on eliminating or minimizing human-caused                On 5 April 1990, the National Marine Fisheries
                mortality, injury, and habitat degradation.                   Service published a Federal Register notice:           (1)
                                                                              listing the Steller sea lion as threatened under the
                Protective Actions                                            Endangered Species Act on an emergency basis;
                                                                              (2) announcing the establishment of the Steller Sea
                   In May 1999, the National Marine Fisheries                 Lion Recovery Team; (3) repealing existing regula-
                Service published an advance notice of proposed               tions that allowed fishermen to shoot at or near sea
                rulemaking to designate the Steller sea lion as depleted      lions to prevent sea lion interactions with their fishing
                under the Marine Mammal Protection Act. By letter             gear; (4) reducing by half (from 1,350 to 675) the
                of 8 July 1988, the Commission recommended that               number of Steller sea lions allowed to be taken
                the Service proceed immediately with the proposed             incidental to commercial fishing operations in the
                designation and that a conservation plan, similar to a        region west of 141 * west longitude (although the total
                recovery plan for endangered and threatened species,          allowable take remained at 1,350, as an additional 675
                be developed to guide management and research                 were allowed to be taken east of 141 * west longitude);
                efforts. The 1988 amendments to the Marine Mam-               and (5) establishing no-entry buffer zones around the
                mal Protection Act subsequently directed the Service          principal Steller sea lion rookeries in parts of Alaska.
                to prepare a Steller sea lion conservation plan by 31         The emergency rules were effective through 3 De-
                December 1990. By letter of 6 December 1988, the              cember 1990.
                Commission advised the Service that much of the
                information and analyses needed to prepare the      I plan       By letter of 18 May 1990, the Commission advised
                were available in the Steller sea lion chapter of the         the Service that: (1) the conservation measures con-
                Commission's 1988 Alaska species reports (see                 tained in the 5 April 1990 emergency rule could be
                Appendix B, Lentfer 1988), and that the Service               insufficient to reverse the observed population decline;
                therefore should be able to complete the conservation         (2) the Commission continued to believe that the
                plan well before the 31 December 1990 date set by             species should be listed as endangered rather than
                Congress.                                                     threatened; (3) with the exception of prohibiting the
                                                                              discharge of firearms at or near Steller sea lions, all
                   The Service, in 1989, failed to prepare a conserva-        measures contained in the emergency rule were
                tion plan or publish a proposed rule to designate the         limited to Steller sea lions in Alaska and the Service
                Steller sea lion as depleted. On 21 November 1989,            should consider adopting additional measures, hiclud-
                the Environmental Defense Fund petitioned the                 ing designating critical habitat for Steller sea lions in
                Service for an emergency listing of the Steller sea lion      Washington, Oregon, and California as well as
                as endangered under the Endangered Species Act. By            Alaska; and (4) a critical habitat designation for


                                                                          26







                                                                                           Chapter H - Species of Special Concern


             Steller sea lions should include all major rookery           mininfizing the causes of mortality; (6) investigating
             areas and sufficient forage habitat around those areas       feeding ecology and factors affecting energetic status;
             to allow successful breeding and pup rearing.                and (7) implementing the recovery plan and coordi-
                On 20 July 1990, the National Marine Fisheries            nating recovery activities.
             Service published a proposed rule to designate the              On 11 April 199 1, the Recovery Team also recom-
             Steller sea lion as threatened under the Endangered          mended that the National Marine Fisheries Service
             S ecies Act and to enact protective measures to              designate critical habitat for Steller sea lions at major
              p
             replace those in the emergency rule. The final rule          rookeries and haulout sites throughout Alaska, Wash-
             was published on 26 November 1990 and, in the 4              ington, Oregon, and California. The Recovery Team
             December 1990 Federal Register, the Fish and Wild-           also identified sites in British Columbia and the Kuril
             life Service announced the addition of the Steller sea       Islands for inclusion in the critical habitat designation
             lion to the List of Endangered and Threatened Wild-          and recommended that the National Marine Fisheries
             life. In the 26 November 1990 rule, the National             Service, through the State Department, work with the
             Marine Fisheries Service stated a number of reasons          Governments of Canada and the Soviet Union to
             why the Steller sea lion was being listed as threatened      protect Steller sea lion habitat.
             rather than endangered.      The Service noted that:
             (1) there is no basis for considering animals in differ-        On 13 May 1991, the Commission provided com-
             ent geographic regions as separate populations (there-       ments to the National Marine Fisheries Service on the
             fore the status of the species as a whole must be            draft plan. The Commission recommended that the
             considered); (2) there are areas in the species' range       Service complete and adopt the plan as quickly as
             where abundance has been stable; and (3) preliminary         possible and that the Service initiate efforts immedi-
             results of counts done in 1990 appeared similar to           ately to implement the plan. The Commission further
             those done in 1989, suggesting that the decline may          recommended that the Service take steps to: (1) ap-
             have slowed or stopped.                                      point or hire a full-time Steller sea lion coordinator;
                                                                          (2) reconvene the Recovery Team to solicit advice on
                Also during 1990, the Steller Sea Lion Recovery           actions that the Service should undertake in the
             Team met four times. 'Me principal activity of the           coming year as matters of highest priority, given
             recovery team was to prepare a recovery plan, which          available funding and personnel resources; and (3)
             it completed in draft form and provided to the Na-           develop an implementation plan and strategy to assign
             tional Marine Fisheries Service.                             priorities and foster the involvement of other appro-
                                                                          priate agencies and groups in implementing recovery
                Late in March 1991, the Service sent the Com-             actions. The Commission also recommended that the
             mission a copy of the Technical Draft Steller Sea Lion       Service convene a separate recovery plan implemen-
             Recovery Plan prepared by the Recovery Team. The             tation team composed of representatives of relevant
             plan recommended "immediate actions... to reduce             agencies and groups to assist in developing and
             human-caused mortality to the lowest level practica-         directing plan implementation.
             ble, protection of important habitats through buffer
             zones and other means, and enhancement of popula-               On 15 July 1991, the Commission wrote to the
             tion productivity by ensuring that there is an ample         National Marine Fisheries Service inquiring about the
             food supply available. " To implement these objec-           status of the recovery plan and actions on the Recov-
             tives, the draft, plan presented several recommended         ery Team's critical habitat recommendations. The
             research and conservation actions, including: (1) iden-      Service responded on I August 1991, noting that the
             tifying habitat requirements and protecting areas of         Commission's comments, as well as other comments
             special biological significance; (2) identifying manage-     on the draft recovery plan, had been forwarded to the
             ment stocks; (3) monitoring the status and trends of         chairman of the Recovery Team for review and
             the species; (4) monitoring the health, condition, and       discussion at its sixth meeting, scheduled for 15-16
             vital parameters of the species; (5) assessing and           August 1991. The Service also noted that it was


                                                                      27







                 MARINE MAMMAL COMMISSION - Annual Report for 1991


                 drafting proposed regulations to designate critical              allow for further analysis of the effects on Steller sea
                 habitat.                                                         lions. Based upon a reassessment of available fisher-
                                                                                  ies data, the Service's Northwest and Alaska Fisheries
                    At the end of 1991, the National Marine Fisheries             Science Center recommended that the total allowable
                 Service had not yet published proposed rules for                 catch of pollock for 1991 be set at 103,400 metric
                 Steller sea lion critical habitat designation.          Tle      tons. The Center also recommended that measures be
                 Commission also understood that, on 3 October 199 1,             taken to protect the Steller sea lions' food supply,
                 the Steller Sea Lion Recovery Team forwarded a                   including allocation of the quota by region, as well as
                 revised draft recovery plan to the National Marine               by quarter, and imposition of a trawling prohibition
                 Fisheries Service. At the end of 1991, it was the                around Steller sea lion rookeries. The Service also
                 Commission's understanding that the plan was under-              solicited the views of the Recovery Team on the
                 going final review by the Service and adoption of the            proposed catch limit. The Recovery Team, consider-
                 plan was expected in 1992.                                       ing "only what is best for conservation and recovery
                                                                                  of sea lions," recommended a total allowable catch of
                    Recognizing the need for a complete, up-to-date               zero, or one equal to or less than the 1990 level.
                 summary of information on Steller sea lions, given the
                 considerable amount of new information on this                      Based on this and other advice and information, the
                 species generated over the past three years, the Com-            Service prepared an Environmental Assessment and
                 mission provided funds to the Alaska Department of               undertook consultations pursuant to section 7 of the
                 Fish and Game in September 1991 to update the                    Endangered Species Act on a recommended 1991
                 Steller sea lion species report (see Appendix B,                 pollock catch level of 103,400 metric tons. Based on
                 Lentfer 1988). The updated report, expected to be                these further steps, the Service adopted the Northwest
                 published in mid-1992, will improve the basis for                and Alaska Fisheries Science Center's recommended
                 evaluating and implementing priority tasks identified            catch quota on 13 June 1991. Emergency regulations
                 in the recovery plan. The Commission, in consul-                 were also issued on that date allocating the quota
                 tation with its Committee of Scientific Advisors, will           among sub-areas, limiting the amount of unharvested
                 review the revised species report and recommend                  Pollock that may be taken during subsequent quarters
                 appropriate follow-up actions.                                   in a fishing year, and prohibiting fishing within 10
                 SteHer Sea Lion-Fisheries Interactions                           nautical miles of 14 designated sea lion rookeries.
                                                                                     On behalf of Greenpeace and other environmental
                    As noted above, a possible cause of observed                  groups, the Sierra Club Legal Defense Fund filed a
                 declines in Steller sea lion abundance is the over-              lawsuit (Greenpeace v. Mosbacher) in the U.S.
                 exploitation of prey species, particularly walleye               District Court for the Western District of Washington
                 pollock, by commercial fisheries. In December 1990,              on 26 June 1991. Plaintiffs alleged, among other
                 the North Pacific Fishery Management Council                     things, that the Service had violated the Endangered
                 proposed increasing the total allowable catch of                 Species Act by improperly finding that the 1991
                 pollock in the Gulf of Alaska from 73,400 metric tons            pollock catch level was not likely to jeopardize the
                 in 1990 to 133,400 metric tons in 1991. In response,             continued existence of the Steller sea lion ,                 I  "
                 the Sierra Club Legal Defense Fund, on behalf of                 failing to use the best scientific and commercial
                 Greenpeace and several other environmental groups,               information available in determining the allocation.
                 wrote to the Service on 28 January 1991 advising that            Plaintiffs also contended that the Service's conclusion
                 it intended to file suit under the Endangered Species            that the 1991 pollock catch level would not have
                 Act and the National Environmental Policy Act if an              significant environmental impacts and its decision not
                 increased harvest level were adopted.                            to prepare an environmental impact statement on the
                                                                                  action violated the National Environmental Policy Act.
                    Approval of the 1991 pollock catch level was
                 deferred by the National Marine Fisheries Service to


                                                                              28







                                                                                         Chapter H - Species of Special Concern


                On 11 July 1991, plaintiffs filed a motion for a         ation of the matter by the Court of Appeals is expect-
             preliminary injunction seeking to close the pollock         ed in 1992.
             fishery because of the alleged violations and the
             potential harm to Steller sea lions. A hearing on the          As a related matter, on 18 November 1991, the
             motion was held on 26 July 1991. Two days before            National Marine Fisheries Service published in the
             the hearing, however, the fishery was closed by the         Federal Register a proposed rule to revise several
             Service until 29 September 1991 because the quarterly       measures designed to reduce the impact of groundfish
             pollock. quota had been reached. In light of that           fisheries on Steller sea lions in Alaska. The Service
             closure, the Court determined that expedited review         proposes to adopt: (1) year-round trawl fishery clo-
             was not necessary and directed the parties to file          sures in the Gulf of Alaska and Bering Sea/Aleutian
             briefs on the merits during August.                         Islands area within 10 nautical miles of key Steller sea
                                                                         lion rookeries, and (2) new Gulf of Alaska walleye
                Following briefing and a hearing on cross-motions        pollock management districts and a limit on seasonal
             for summary judgment, the Court ruled in favor of           harvest allocations for each district.
             the Federal defendants. In its 10 October 1991 order,
             the Court found that the Service had used the best          Sea Lion Rock
             available information in determining that the 1991
             pollock catch level would not jeopardize the continued         Sea Lion Rock is a small exposed reef in the
             existence of the Steller sea lion. In this regard, the      Copalis National Wildlife Refuge on the outer coast of
             Court noted that the defendants provided "plausible,        Washington. It is used as a seasonal haulout site by
             factually based arguments" that conservation measures       Steller sea lions, California sea lions (Zalophus
             adopted by the Service would "adequately mitigate           californianus), and harbor seals (Phoca vitulina); it is
             any potential (and unproven) harm to the Steller sea        also used by many species of seabirds and waterfowl.
             lion from pollock fishing. " The Court also noted that,
             while plaintiffs may reasonably debate the efficacy of         In May 1944, the Secretary of the Interior granted
             the mitigation measures, "[fleasonable differences of       permission to the U.S. Navy to conduct practice
             opinion ... do not indicate that the Secretary's no-        bombing activities on Sea Lion Rock as part of the
             jeopardy determination was irrational or conclusory."       Naval Air Training Program, with the stipulation that
                                                                         the program's use of the island would cease six
                The Court also found the plaintiffs' National Envi-      months after the end of World War H. In July 1949,
             roninental Policy Act claims to be unpersuasive. It         the Navy again requested permission to use Sea Lion
             ruled that, "[w1hi1e the Secretary [of Commerce] has        Rock as a practice bombing site. The Secretary of the
             acknowledged that past pollock fishing may have             Interior granted the request and gave the Navy per-
             adversely impacted Steller sea lions and harbor seals,"     mission to use the island for an indefinite period of
             the action at issue in this case, the 1991 pollock catch    time. In 1970, Sea Lion Rock and a number of
             level, "avoids those risks because of mitigation            surrounding islands in the refuge were included in the
             measures" (emphasis in original). The Court also            Washington Islands Wilderness Area under the Wil-
             ruled that the controversy as to the possible effects of    derness Act of 1964. 'fhe Navy has continued to use
             the pollock catch level were insufficient to warrant        Sea Lion Rock as a practice bombing site since that
             preparation of an environmental impact statement.           time.

                Greenpeace appealed the District Court ruling to            In 1984, the Washington Department of Game
             the Ninth Circuit Court of Appeals on 11 October            began a two-year study to determine the effect of
             1991. Federal appellees, in their 16 December 1991          Navy activities on wildlife in the Copalis National
             reply brief, reiterated the substantive arguments made      Wildlife Refuge. In its 1986 report, the Department
             in the lower court, but also argued that, inasmuch as       noted that bombing activities may cause the abandon-
             the challenged fishery closed on 25 October 1991, the       ment of Sea Lion Rock by all wildlife, and, as the
             case should be dismissed as being moot. Consider-           Navy sometimes bombs other islands in the Refuge


                                                                      29







                MARINE MAMMAL COMMISSION - Annual Report for 1991


                accidentally, the bombing may adversely affect              issues to travel to Whidbey Island Naval Base on 14
                wildlife on those islands as well. In a compatibility       February 1991 to meet with key Navy personnel. The
                determination prepared by the Fish and Wildlife             group, led by a former member of the Commission's
                Service's Refuge Division, the Service concluded that       Committee of Scientific Advisors, included the
                under no circumstances could practice bombing of Sea        National Marine Fisheries Service's Steller sea lion
                Lion Rock by the Navy be made compatible with               program director and the counsel for the National
                refuge objectives to protect and enhance wildlife           Oceanic and Atmospheric Administration's Northwest
                resources.                                                  and Alaska Region. The group briefed the command-
                                                                            ing officer and his staff on changes in the status of
                   On 8 February 1991, the Marine Mammal Com-               Steller sea lions and the effect of these changes on the
                mission wrote to the Navy regarding its use of Sea          Navy's use of Sea Lion Rock. The group also noted
                Lion Rock. The Commission noted that the Navy's             that the meeting could help the Navy avoid a major
                use of the island for practice bombing purposes was         legal conflict.
                incompatible with other wildlife conservation uses of
                the island. In particular, the Commission noted that:          The group came away from the meeting with six
                (1) the island is a part of both a wildlife refuge and a    specific findings: (1) the Navy states that Sea Lion
                wilderness area; (2) it is used by many marine mam-         Rock is used exclusively as a backup for another,
                mal, seabird, and waterfowl species; (3) the designa-       primary practice bombing site; (2) the Navy personnel
                tion of the Olympic Coast National Marine Sanctuary,        present at the meeting acknowledged that they need to
                which would incorporate all islands in the Copalis          comply with the Marine Mammal Protection and
                National Wildlife Refuge, was pending; (4) all marine       Endangered Species Acts; (3) the Navy indicated
                mammal species are protected under the Marine               improved compliance with their own protocol (result-
                Mammal Protection Act; (5) the Steller sea lion and         ing in decreased adverse effects on the islands nearest
                gray whale (Eschrichtius robustus) also are protected       to Sea Lion Rock); (4) the State will not allow the
                under the Endangered Species Act; and (6) certain           Navy to place radar reflectors on the islands nearest
                seabird and waterfowl species are protected under the       to Sea Lion Rock, despite the fact that doing so would
                Migratory Bird Treaty Act. The Commission further           likely also decrease adverse effects on these islands;
                noted that the Navy's practice bombing activities on        (5) no sea lions are hit directly by the inert practice
                Sea Lion Rock were inconsistent with provisions of          bombs, and therefore the main "take" under the
                the cited statutes and with the island's wildlife refuge    Marine Mammal Protection Act and the Endangered
                and wilderness status. Therefore, the Commission, in        Species Act is harassment of the animals; and (6) as
                consultation with its Committee of Scientific Advisors,     alternative targets, smoke targets were unacceptable to
                recommended that the Navy stop using Sea Lion Rock          the Navy because of the importance of radar target
                for practice bombing and the low level flying that it       acquisition to the training activities, and a moored
                necessitates. The Commission noted that the Navy            barge was unacceptable due to cost and the inability to
                cannot continue using Sea Lion Rock unless it takes         use it on short notice.
                steps to comply with applicable laws, including the
                Marine Mammal Protection Act, the Endangered                   Following the meeting, the group concluded that
                Species Act, the Migratory Bird Treaty Act, and the         the most expeditious way to stop bombing at Sea lion
                Wilderness Act. The Commission further noted that           Rock would be to have the Department of the Interior
                the Department of the Interior should give serious          withdraw the Navy's permission to use the island.
                consideration as to whether to continue authorizing the
                Navy's use of Sea Lion Rock for practice bombing.              On 20 March 1991, the Navy responded to the
                                                                            Commission's 8 February 1991 letter. In its letter,
                   In an effort to further the Navy's understanding of      the Navy advised the Commission that it would
                problems associated with the use of Sea Lion Rock,          review the issue of the taking of marine mammals
                the Commission supported a group comprised of three         incidental to its activities at Sea Lion Rock and would
                researchers and one lawyer expert in Steller sea lion


                                                                         30







                                                                                         Chapter H - Species of Special Coneem


             initiate appropriate actions as required by relevant           In the early 1970s, approximately 270,000 harbor
             statutes.                                                   seals were estimated to occur in the coastal waters of
                                                                         Alaska. Although there is no up-to-date state-wide
                On 9 May 199 1, following a presentation by Navy         estimate, counts made sporadically since the early
             personnel at the Marine Mammal Commission's                 1970s at harbor seal rookeries and haulout sites in the
             annual meeting in Bellevue, Washington, the Commis-         Gulf of Alaska and Bering Sea indicate significant
             sion wrote to the Fish and Wildlife Service regarding       declines in many areas.
             Sea Lion Rock. The Commission noted that it found
             the Navy's use of Sea Lion Rock as a practice bomb-            In order to assist research efforts on harbor seal
             ing target to be incompatible with: (1) its designation     population trends, in 1990 the Commission provided
             as a wildlife refuge and a wilderness area and its          funds to the Alaska Department of Fish and Game to
             pending designation as a marine sanctuary, and (2) the      conduct a survey of harbor seals on Tugidak Island in
             presence of species protected under provisions of the       the central Gulf of Alaska. Tugidak was believed to
             Marine Mammal Protection Act, the Endangered                have the largest concentration of harbor seals in the
             Species Act, and the Migratory Bird Treaty Act. The         world as recently as the mid-1960s when more than
             Commission, in consultation with its Committee of           20,000 seals hauled out on the island. By the mid-'
             Scientific Advisors, therefore recommended that the         1970s, however, the mean count had declined to less
             Service no longer permit the Navy to use Sea Lion           than 7,000 seals. The 1990 survey revealed that,
             Rock as a practice bombing site.                            since 1976, mean counts at the Island had declined
                                                                         from approximately 6,900 animals to fewer than
                On 3 June 1991, the Fish and Wildlife Service            1,000, a decrease of 86 percent. A report of the 1990
             responded to the Commission's letter. The Service           survey, published in February 1991, recommended
             noted that it was currently reviewing the compatibility     that counts be conducted again in 1992 in order to
             of the Navy's use of Sea Lion Rock with the island's        continue monitoring of population trends.
             status as a refuge and wilderness area and the protect-
             ed status under applicable laws granted to many                To help determine what, if anything, needed to be
             wildlife species found there.                               done to better protect the declining harbor seal popu
                                                                         lation in Alaska, the Commission provided funds in
                As of the end of 199 1, the Marine Mammal Com-           1986 to compile and evaluate information on the
             mission had not yet been advised as to the results of       biology, ecology, and status of harbor seals as well as
             the Navy's and Fish and Wildlife Service's respective       nine other species of marine mammals in Alaska. The
             reviews of Sea Lion Rock use conflicts. In early            resulting report, published by the Commission in 1988
             1992, the Commission intends to pursue the issue to         (see Appendix B, Lentfer 1988), indicated that num-
             a definitive conclusion.                                    bers of harbor seals, as well as Steller sea lions
                                                                         (Eumetopias jubatus), had declined dramatically in
                                                                         Alaska since the 1970s. As described elsewhere in
                        E[arbor Seal in Alaska                           this Report, North Pacific fur seals (Callorhinus
                             (PhOCS VUUUM)                               ursinus) also have declined dramatically since the
                                                                         1970s. Harbor seals were also affected by the Eucon
                                                                         Valdez oil spill in March 1989. For further discussion
                Harbor seals inhabit temperate       and sub-arctic      of the spill, see previous Annual Reports and Chapter
             coastal waters in the North Pacific and North Atlantic      VU of this Report.
             Oceans and contiguous seas. In the North Pacific,
             they occur nearly continuously along the Pacific Rim,
             from San Ignacio Lagoon, Baja California, Mexico,              Since publication of the 1988 report, much addi-
                                                                         tional information on harbor seals in Alaska has
             north through southeastern Alaska, and west to the
                                                                         become available, including the counts at Tugidak
             Bering Sea, the Aleutian, Commander, and Kuril              Island discussed above. Therefore, early in 1991, the
             Islands, and south to Hokkaido, Japan.                      Commission contracted for an update of the 1988


                                                                     31







                MARINE MAMMAL COMMISSION - Annual Report for 1991


                harbor seal report. The updated report will review          species' largest breeding colony is on the Pribilof
                and make recommendations for needed research and            Islands, where three-fourths of the global population
                management actions, including: (1) evaluating popu-         is found. It is estimated that, when the Pribilofs were
                lation status by monitoring relative population sizes       discovered in 1786, the islands' fur seal population
                and trends and the health, condition, and vital parame-     numbered 2-2.5 million animals.         Their numbers
                ters of harbor seals; (2) coordinating cooperative          subsequently fluctuated widely. Despite being re-
                actions involving the Alaska Department of Fish and         duced to about 300,000 animals by 1912, the fur seal
                Game, the National Marine Fisheries Service, the Fish       population on the Pribiloft recovered to what is
                and Wildlife Service, and the National Park Service;        believed to have been historically high levels in the
                (3) initiating a comprehensive study of harbor seals in     late 1940s and early 1950s. From the late 1950s to
                Bristol Bay, Alaska, where large concentrations of          the mid-1980s, however, the number of fur sea
                harbor seals occur; (4) studying direct and indirect        the Pribilof Islands experienced two periods of decline
                effects of commercial fisheries on harbor seals;            with a net reduction of 60-70 percent. Population
                (5) studying the effects of existing and potential          estimates from the mid-1980s place the numbi
                harvests on harbor seals; and (6) studying the short-       seals on the islands at about 870,000 animals, and it
                and long-term effects of anthropogenic disturbance,         is believed that the population has remained stable
                especially in areas subject to heavy boat and aircraft      since that time. A similar decline was observed at
                traffic.                                                    Robben Island.


                   The updated report is expected to be completed              Although causes of the observed declines are not
                early in 1992. The Commission, in consultation with         known, several factors may have affected or be
                its Committee of Scientific Advisors, will review the       affecting North Pacific fur seals. Between 1956 and
                report to determine whether harbor seals in Alaska          1968, more than 300,000 female fur seals were
                merit designation as depleted under the Marine              harvested in Alaska. At the time, it was believed that
                Mammal Protection Act or as either threatened or            the harvest would result in greater overall productivity
                endangered under the Endangered Species Act.                within the population. The predicted increase never
                                                                            occurred. Because some nursing females were taken,
                   As a related matter, the Commission held a work-         many of their pups died. The death of these adult
                shop on 12-13 December 1990 in Seattle, Washington,         females prevented this further contribution to the
                to identify research needed to resolve critical uncer-      population.
                tainties concerning the decline of Steller sea lions,
                harbor seals, fur seals, and other species in the Bering       From the mid-1970s to the early 1980s, the Pri-
                Sea and Gulf of Alaska (see Chapter VIT). The final         bilof Islands' fur seal population declined at a rate of
                workshop report, published in July 1991, concluded          approximately 4-8 percent per year. In the early
                that a reduction in available food resources and            1980s, it was suggested that a major cause of this
                incidental take in fisheries were likely to be major        decline was entanglement of seals in marine debris
                factors in the observed harbor seal declines.               such as net fragments and packing bands. Analyses
                                                                            by the National Marine Fisheries Service estimated
                                                                            that approximately 50,000 juvenile seals (those up to
                           North Padfic Fur &W                              three years old) were lost due to entanglement every
                             (CaUorhinm ursinus)                            year. Direct evidence of such losses, however, was
                                                                            weak. Observed entanglement rates from counts of
                   North Pacific or northern fur seals occur seasonally     entangled juvenile male fur seals taken in harvests on
                in waters along the North Pacific rim from California       the Pribilof Islands in the late 1970s were only about
                to Japan. Major breeding locations occur on Robben          0.4 percent. Since the late 1980s, observed entangle-
                Island and the Kuril Islands in the Okhotsk Sea, in the     ment rates on the islands have declined to an estimat-
                western Bering Sea on the Commander Islands, and            ed 0.34 percent in 1990.
                on the Pribilof Islands in the eastern Bering Sea. The


                                                                        32







                                                                                         Chapter 11 - Species of Special Concern


                However, it is likely that many fur seals that be-       Convention on    Conservation of North Pacific Fur
            come entangled die at sea, where mortality is not            Seals. The Interim Convention, which was extended
            readily observed. Evidence that this occurs includes         four times during that period, sought to bring the
            high fur seal pupping rates followed by low overall          North Pacific fur seal population to a level that would
            survival rates of juvenile animals, and recovery of          provide the greatest annual harvest, with due regard
            some dead fur seals in derelict nets found floating at       for the productivity of other living marine resources.
            sea. In addition, results of entanglement studies in the
            late 1980s suggest that entanglement-related mortality          The Convention lapsed in 1984, when the United
            among fur seal pups in their first year of life may          States did not ratify a protocol to extend it. As a
            have exceeded 14 percent in the late 1970s to early          result, management authority in the United States
            1980s. These results lend further support to the             became subject to domestic laws, including the Fur
            suggestion that entanglement may have been a signifi-        Seal Act of 1966 (16 U.S.C. 1151 et seq.) and the
            cant cause of earlier declines. They also suggest that,      Marine Mammal Protection Act. Under the latter
            although population trends have appeared stable over         Act, commercial harvesting of North Pacific fur seals
            the past few years and observed entanglement in trawl        is prohibited and directed taking has been limited to
            net fragments at the rookeries declined in the late          Native subsistence harvest.
            1980s, entanglement may still be a significant factor
            slowing or preventing population recovery.                      The current subsistence harvest of fur seals is
                                                                         limited to sub-adult males taken.on St. Paul and St.
               Fur seals are also taken incidentally in large-scale      George Islands between the end of June and the
            high seas driftnet fisheries in the North Pacific Ocean      second week of August. In early August, immature
            (see Chapter IV for a more detailed discussion of            female seals begin arriving at the rookeries in large
            driftnet fisheries' impacts). Other possible impacts on      numbers and the rookery structure (i.e., the separation
            fur seals are: toxic contaminants; disease; and compe-       of non-breeding seals from breeding seals) begins to
            tition with commercial fisheries. Although little is         break down. At this time, immature male and female
            known about these three effects, they are generally          seals, which are not easily distinguished, become
            regarded as not being significant. With respect to           intermixed. Extension of the harvest beyond the first
            competition with fisheries, fur seals feed on a variety      week of August has resulted in a marked increase in
            of fishes and squids, some of which are commercially         the number of female seals taken.
            important.     Recent population studies, however,
            suggest that fur seals in the Pribilof Islands and other        Ile hunt is regulated by the National Marine
            areas of the North Pacific are exhibiting increased          Fisheries Service under authority of the Fur Seal Act
            growth and maturation rates, which are inconsistent          and the Marine Mammal Protection Act. Under
            with insufficient food resources.                            applicable regulations, before each year's harvest the
                                                                         Service is required to estimate the minimum and
            Subsistence Harvest                                          maximum number of seals needed for subsistence
                                                                         purposes by Native residents of the Pribilof Islands.
                North Pacific fur seals were harvested commer-           To develop this estimate, the Service must look at
            c
              ally for their pelts from the 1700s until 1984. They       previous harvest levels, economic conditions in Native
             i
            are presently taken for subsistence purposes by Native       communities, and the current size of the Aleut com-
            residents of the Pribilof Islands in Alaska. As noted        munities. Once the estimated minimum number of
                                                        involved in      seals is reached, the harvest is temporarily suspended
            in previous Annual Reports, the nations
            commercial fur seal harvests managed fur seal herds          until the Service determines whether subsistence needs
            under a series of international agreements during most       have been met or whether additional seals are re-
            of the 20th century. Between 1957 and 1984, North            quired. Subsistence harvest levels from 1985 to 1991
            Pacific fur seals were managed cooperatively by the          are shown in Table 4.
            Governments of Canada, Japan, the Soviet Union, and
            the United States under provisions of the Interim


                                                                     33






                MARINE MAMMAL COMMISSION - Annual Report for 1991



                Table 4. Subsistence Harvest Levels for North Pacific Fur Seals in the Pribilof 1slan&,
                           1985-19911

                                             1985     1986      1987       1988     1989       1990      1991
                            St. Paul         3,384    1,299      1,710     1,145     1,340     1,077      1,645
                            St. George         329       124        92       113       181       164        281
                            Total            3,713    1,423      1,802     1,258     1,521     1,241      1,926

                           Data provided by the National Marine Fisheries Service.



                   In 1990, 1,241 fur seals were taken in the subsis-           After receiving public comments on its proposed
                tence harvest (1,077 on St. Paul Island and 164 on St.       harvest levels, the Service decided to abandon the use
                George Island), a decrease from the 1989 total take          of purely statistical analysis to set harvest levels and
                of 1,521 seals. On 1 May 1991, the National Marine           to take into account factors in addition to past harvest
                Fisheries Service published in the Federal Register          levels. Final harvest levels for 1991 were published
                estimates of 1991 subsistence needs of the Pribilof          on I August 1991. Subsistence needs on St. Paul
                Islands Native population. In deriving its estimates,        Island were expected to range from 1,145 to 1,800
                the Service took into account the following facts:           seals and, on St. George Island, from 181 to 500.
                (1) the number of seals taken on St. Paul Island in
                1990 was the lowest in five years; (2) since 1989,              On 27 July 1991, Aleut sealers on both St. Paul
                unemployment levels on St. Paul Island have risen            Island and St. George Island reached the lower ends
                from 20-30 percent to 60-80 percent; and (3) the             of their respective subsistence need estimates. As
                Aleut population has remained relatively stable. Also,       required by regulations, the harvests were temporarily
                according to the Service, pup production estimates           stopped to allow the Service to determine whether
                indicate that the St. Paul Island fur seal population is     subsistence needs had been met and, if not, how many
                stable or possibly increasing.                               more seals would be required. On 29 July, Natives
                                                                             on St. Paul Island and St. George Island each formally
                   Based on this information, and using a statistical        requested that the subsistence harvest be allowed to
                analysis of previous harvest levels, the Service pro-        resume. Based upon the information submitted by the
                posed that the- 1991 harvest level for St. Paul Island       Pribilovians and the National Marine Fisheries Service
                be set at 1,314 seals. The Service noted that, if this       observers, including the harvest data, the Director of    E
                number were reached before 8 August 199 1, the Aleut         the Service authorized the harvest of an additional 500
                community could request additional seals if needed for       seals on St. Paul Island and an additional 100 on St.
                subsistence, but that no more than 246 additional seals      George Island on 31 July.
                would be authorized to be taken on St. Paul Island.
                The Service also noted that economic conditions on              On that day, the Humane Society of the United
                St. George Island were similar to those on St. Paul          States filed suit in the U.S. District Court for the
                Island, but added that the fur seal population there         District of Columbia against the Secretary of Com-
                was declining. The Service stated, however, that,            merce, the Assistant Secretary of Commerce, and the
                since only sub-adult males were taken in the subsis-         Director of the National Marine Fisheries Service
                tence harvest, the harvest was likely not contributing       seeking a temporary restraining order to suspend
                significantly to the decline. Based upon these factors       further harvesting of North Pacific fur seals on both
                and on past subsistence harvest levels, the Service set      St. Paul and St. George Islands. In Humane Society
                the estimated 1991 harvest level for St. George Island       of the United States v. Mosbacher, the Humane
                at 135, with a possible supplemental authorization of        Society alleged that (1) the Service's authorization of
                no more than 37 additional animals.                          a continuation of the Alaska Native subsistence


                                                                          34






                                                                                           Chapter H - Species of Special Concem


             harvest of North Pacific far seals violated the Marine          The purpose of the working session was to gather
             Mammal Protection Act and applicable regulations;            information and recommendations to assist the Service
             (2) adequate numbers of seals had been taken to              in determining or implementing changes to the regime
             satisfy Native subsistence needs; and (3) seals already      for managing the Native subsistence fur seal harvest
             harvested had been taken in a wasteful manner.               on the Pribilof Islands. The participants considered,
                                                                          among other things: (1) the legal and regulatory basis
                During consideration of the Humane Society's              for managing the harvest; (2) the need for a subsis-
             motion for a temporary restraining order, the Court          tence harvest by the Native population of the Pribilof
             requested that the Service suspend further seal har-         Islands; (3) methods of determining annual subsistence
             vesting, pending a ruling on the motion.            After    demand for fur- seals; (4) waste and wasteful use of
             holding two hearings on the matter and reviewing             far seal meat or by-products; (5) managing and
             briefs submitted by the parties, the court denied the        monitoring the harvest on St. Paul and St. George
             Humane Society's motion on 2 August 1991. In a               Islands; and (6) methods of establishing harvest levels.
             written order issued on 5 August 1991 the Court              Tlie report of the working session will be available in
             explained the basis for its ruling as follows: (1) the       1992. The Marine Mammal Commission expects to
             Humane Society did not demonstrate that an authori-          be consulted by the National Marine Fisheries Service
             zation to continue the harvest violates the Marine           during 1992 in that agency's efforts to determine
             Mammal Protection Act; (2) the Humane Society did            what, if any, changes should be made to the current
             not demonstrate that the harvest had been conducted          subsistence harvest regime.
             in a wasteful manner, while the National Marine
             Fisheries Service did demonstrate that it had consid-        International Actions
             ered wastefulness or potential wastefulness as a factor
             in allocating harvest limits; (3) the Humane Society            As discussed in previous Annual Reports, in 1989
             did not sufficiently demonstrate that it would be            the United States put forward, but later withdrew, a
             "irreparably injured" if the injunction was denied; and      proposal to list the North Pacific fur seal on Appendix
             (4) the Court believed that the injunction, if enforced,     II to the Convention on International Trade in Endan-
             would substantially harm the Pribilof Islands' Aleut         gered Species of Wild Fauna and Flora (see Chapter
             population by impairing their ability to harvest food        I-V of this Report). The proposal initially was made
             resources for the coming year.                               in order to prevent seal parts from animals taken in
                                                                          the Alaska Native subsistence harvest, which are
                After the St. Paul Island harvest was resumed, 500        indistinguishable from seal parts taken in commercial
             additional seals were taken, resulting in a total 1991       harvests outside the United States, from illegally
             subsistence take of 1,645 seals. St. George Islanders        entering international commerce. The proposal was
             harvested an additional 100 seals after the harvest was      withdrawn to give the National Marine Fisheries
             resumed, for a total take of 281 seals.                      Service an opportunity to resolve questions regarding
                                                                          the status of the Pribilof Islands' fur seal population,
                In its I August 1991 Federal Register notice              the level of incidental take in high seas driftnet
             estimating harvest levels and in a 26 August 1991            fisheries, and the possibility that the high seas take
             notice summarizing the 1991 harvest, the Service             would expand existing markets for fur seal products.
             announced its intention to review and re-evaluate the
             methods used to determine subsistence needs and to              On 5 October 1989, the Commission wrote to the
             measure waste as they apply to the subsistence harvest       National Marine Fisheries Service, recommending that
             of fur seals on the Pribilof Islands. Towards this end,      the Service consider seeking an Appendix III listing
             on 5 November 1991 the National Marine Fisheries             for the species pending reassessment of the Appendix
             Service held a working session, which included               II listing proposal. On 4 December 1990, the Com-
             participation by Federal and state agencies, Pribilo-        mission again wrote to the Service, requesting that the
             vians, other Alaska Native groups, and environmental         Service advise it as to whether the 1990 research
             and animal welfare groups.                                   season had provided information pertinent to the
                                                                          questions noted above and what steps the Service had

                                                                      35






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                taken or planned to take to consider an Appendix III           In the 1988 amendments to the Marine Mammal
                listing. On 25 April 1991, the Service responded to         Protection Act, Congress required that conservation
                the Commission, stating that it was taking no further       plans be developed for all species or populations of
                actions in pursuit of either an Appendix 11 or Appen-       marine mammals listed as depleted under the Act.
                dix M listing. The Service noted that the annual            With respect to the North Pacific fur seal, the aniend-
                subsistence harvest bans the commercial use of fur          ments explicitly directed the National Marine Fisher-
                seal products, which accomplishes the intent of an          ies Service to prepare a conservation plan by 31
                Appendix III listing under the Convention.                  December 1989. A draft plan was prepared by the
                                                                            National Marine Mammal Laboratory and forwarded
                North Paciric Fur Seal Research Program                     to the Commission for comment on 27 March 1990.
                and Conservation Plan
                                                                               On 23 April 1990, the Commission provided the
                                                                            Service with extensive comments on the draft
                   The National Marine      Fisheries Service's North                                                           plan.
                Pacific fur seal research  program is directed by the       The Commission noted that the plan provided useful
                National Marine Mammal Laboratory. According to             information on research concerning past exploitation,
                a prospectus prepared by the Laboratory for its 16-17       life history, population status and trends, and possible
                October 1991 program review, the goals and objec-           causes of decline.      The Commission also noted,
                tives of the fur seal research program are to monitor       however, that the plan did not sufficiently develop
                changes in population dynamics by: (1) determining          recommendations for further research and manage-
                pup production as an index to population change; (2)        ment activities or indicate how such activities would
                comparing historical, on-land habitat use of fur seals      contribute to the recovery and conservation of the fur
                to present use by monitoring rookeries and counting         seal population.     The Commission made several
                harem and idle bulls; (3) identifying migration pat-        specific recommendations to improve the plan by
                terns and at-sea foraging areas; and (4) detecting signs    advising the Service to, among other things: (1) deve-
                of disease in sampled dead animals. According to the        lop a clear statement of goals and objectives; (2) pro-
                laboratory, the purpose of the research program is to       vide a clear description of the rationale, nature  '  and
                implement the North Pacific Fur Seal Conservation           scope of recommended actions; (3) prepare a step-
                Plan by studying fur seals throughout the eastern           down outline to illustrate the relationships among
                North Pacific Ocean. However, a conservation plan           research and management tasks needed to achieve the
                for far seals has yet to be published by the Service,       plan's objectives; and (4) prepare an implementation
                despite the obvious need based on the observed              schedule setting priorities and estimating costs for
                decline in fur seal numbers in the North Pacific and        undertaking the recommended actions.
                the fact that it is required by Federal law.
                                                                               Having received no reply to its 23 April 1990
                   As discussed in previous Annual Reports, the             letter, the Commission, on 4 December 1990 and on
                Pribilof Islands fur seal population was designated as      13 March 1991, again wrote to the Service seeking a
                depleted under the Marine Mammal Protection Act by          response to its questions and comments on the draft
                the National Marine Fisheries Service in June 1988.         plan. On 25 April 1991, the Service replied that it
                The Commission had recommended such a designation           had received substantial comments on the draft plan
                in 1984 and again in 1985 and 1986. By letter of 29         circulated in March 1990, and that it had forwarded
                November 1985, the Commission also recommended              all comments to the National Marine Mammal Labora-
                that the Service prepare a conservation plan to provide     tory for review. The Service also indicated that the
                a basis for identifying and directing priority research     emergency listing of the Steller sea lion as threatened
                and management actions needed to restore the popula-        under the Endangered Species Act in the fall of 1990
                tion. It was recommended that the plan be similar to        had caused the plan to be delayed, but that after the
                the recovery plans required for endangered and              conclusion of the 1991 fur seal field season, the plan
                threatened species under the Endangered Species Act,        would be finalized and distributed for public com-
                and an annotated outline was provided.                      ment. As of the end of 1991, the Commission had
                                                                            not received the conservation plan.

                                                                         36






                                                                                         Chapter Id - Species of Special Concem


                               Pacific Wah-us                            Subsistence Harvests of Walruses
                   (Odobenus rosmarus &vergens)
                                                                            Pacific walruses are a traditional subsistence
                Within historic times, walruses appear to have been      resource of great importance to the Native peoples of
             grouped in at least seven population centers distribut-     coastal Alaska and eastern Siberia. They provide food
             ed around the Arctic Ocean and adjacent northern            and raw materials essential for survival in the far
             seas. All populations were exploited heavily for            north. They also provide ivory for traditional Native
             commercial purposes and one, in the Canadian Mari-          handicrafts that are important to the economies of
                                                                         Native villages. The Marine Mammal Protection Act
             time Provinces from southern Newfoundland to
             southern Nova Scotia, was hunted to extinction more         includes an exemption from its moratorium on taking
                                                                         of marine mammals, including walruses, for Native
             than 100 years ago. The remaining six populations
             occur: (1) from eastern Hudson Bay to western               subsistence and handicraft purposes, provided the take
             Greenland, (2) from Baffin Bay, northwest Canada, to        is done in a non-wasteful manner.
             northwest Greenland, (3) along the east coast of               Results of annual Native harvests in Alaska and
             Greenland, (4) in the Barents, Kara, and White Seas
                                                                         Siberia from 1970 to 1989 are shown in Table 5. The
             north of Norway and the eastern Soviet Union; (5) in        data do not include all animals killed in the harvest
             the Laptev Sea off the north-central Soviet Union; and
             (6) in the Bering and Chukchi Seas between the Soviet       because some walruses that are shot sink before they
             Union and the United States.                                can be retrieved and some escape mortally wounded.
                                                                         An estimate made in the 1960s suggests that perhaps
                                                                         40 percent of the animals killed in the Alaskan harvest
                The walrus population in the Bering and Chukchi          are not retrieved. Assessments of such losses since
             Seas, known as the Pacific walrus, is recognized as a       then have not been undertaken.
             separate sub-species. Animals occur year-round as far
             south as the Alaska Peninsula and the northern Kuril           In 1990, the Fish and Wildlife Service suspended
             Islands. Most animals, however, follow the edge of          its harvest monitoring program because of funding
             the pack ice as it advances south into the Bering Sea       constraints. The only data on harvest levels for 1990
             in winter and recedes north into the Chukchi Sea in
             summer. At least three times since the late 1700s, the      and 1991 are from a program begun by the Service
             Pacific walrus appears to have been over-exploited to       late in 1988 to mark and tag walrus tusks to help
                                                                         prevent illegal trade. In 1990, 1,483 walruses were
             very low levels and to have subsequently recovered.
             It now represents perhaps 80 to 90 percent of the total     reported through the marking program; in 1991, the
             world number and is the only walrus population that         number was 1,938 walruses. It is not clear whether
             has substantially recovered from past hunting.              all walruses harvested in 1990 and 1991 were report-
                                                                         ed. For example, calves and other animals without
                                                                         tusks need not be marked but are taken by hunters.
                Estimates of the size of the Pacific walrus popula-
             tion are based on joint U.S.-U.S.S.R. aerial surveys        In addition, some hunters may have been reluctant to
             conducted once every five years from 1975 to 1990.          participate in the new marking and tagging program.
                                                                         It also is not clear how the annual marking totals
             The 1980 and 1985 estimates of 246,360 and 234,020
             walruses, respectively, are considered comparable to        relate to previous estimates based on past harvest
             estimates of pre-exploitation population levels.            monitoring. Harvest figures for 1990 and 1991 in
             Unusual ice conditions in 1990 made it impossible to        Siberia are not available.
             compare results of that survey with those of previous
             surveys. Thus, results of the 1990 survey are not
             usable for assessing recent population trends. Howev-
             er, the 1990 survey indicates that the population
             numbers at least 201,039 animals.





                                                                     37






                  MARINE MAMMAL COMMISSION - Annual Report for 1991


                                                                                    haulout in Bristol Bay. In 1960, the State of Alaska
                  Table 5. Estimated Annual Harvests of pacif-                      designated Round Island as part of the Walrus Islands
                               ic Walruses in Alaska and the Soviet                 State Game Sanctuary and, by 1978, counts at Round
                               Union, 1970 to 19891                                 Island reached 15,000 animals.

                                                                                        Between 1978 and 1984, however, counts declined
                                  Alaska             Soviet            Total        to about 6,000 animals. The decline was attributed to
                                                                                    disturbance caused by the development of a herring
                  Year           Harvest            Harvest           Harvest       fishery in nearshore waters around the island and an
                                                                                  . increasing number of people visiting the island to
                  1970              L422                988            2@410        view the wildlife. The State of Alaska therefore
                  1971              1,915               897            2,812        expanded the restricted access area around the island
                  1972              1,325            1,518             2,843        from one-half mile to two miles. The measure
                  1973              1)581            1)291             2,872        appeared to be effective and the peak count increased
                                                                                    to 12,378 in 1986.
                  1974              1)410            1,205             2,615
                  1975              2,378            L265              3,643
                  1976              2A9              1,253             4,242            In 1991, walruses began hauling out regularly in
                  1977              2,377            1,461             3,838        large numbers at Cape Peirce, which, with its adjacent
                  1978              2P224            2,120             4,344        waters, is within the Togiak National Wildlife Refuge.
                  1979              2)745            1,526             4,271        Although counts by refuge staff have fluctuated, the
                                                                                    peak count at Cape Peirce in 1986 was 9,494.
                  1980              2,625            2,653             5,278        Reciprocal trends in counts at Round Island and Cape
                  1981              3,518            2,574             6,092        Peirce suggest that walruses move back and forth
                  1982              2,557            3,569             6,126        between the two sites which are about 60 miles apart.
                  1983              2,261            3,946             6,207        Because peak countsat the two locations have been
                  1984              4@930            4)424             9,354        obtained on different days, they cannot be added to
                  1985              3,903            4,708             8,611        obtain a regional population estimate.
                  1986              3,205            3,884             7,089
                  1987              21735            4,673             7A8              Between 1986 and 1988, walrus counts at Round
                  1988              2@567            3,974             6,541        Island and Cape Peirce declined significantly. By
                                                                                    1988, there were 4,424 animals at Round Island and
                  1989              1,008            3,679             4)687        6,938 animals at Cape Peirce. The declines coincided
                   This table is based on data collected through harvest monitoring with the introduction in 1987 of yellowfin sole fishing
                  programs carried out by the Alaska Department of Fish and Game    in northern parts of Bristol Bay, particularly around
                  from 1970 to 1979 and bythe Fish and )Wildlife Service from       Round Island. Noise from trawlers and processing
                  1990 to 1989. Alaska harvest estimates for 1978-1989 are          vessels was clearly heard on Round Island and this
                  extrapolated from a subsample of catches at selected villages.    was thought to be the likely cause of the decline. At
                                                                                    times, more than 180 fishing vessels were visible from
                  Interactions between Walruses                                     the island. Also, several walruses were caught and
                  and Comm          ial FIsheries                                   killed in fishing nets.
                     As the Pacific walrus recovered from over-explol-                  In response, the Eskimo Walrus Commission and
                  tation in the first half of the 1900s, walruses reoccu-           the Fish and Wildlife Service asked the North Pacific
                  pied certain previously abandoned haulouts in Bristol             Fishery Management Council to consider actions to
                  Bay. Two of the largest haulouts in this area are at              close areas around the walrus haulouts to yellowfin
                  Round Island and Cape Peirce in northern Bristol Bay.             sole fishing. The Council did so and, in 1989, it
                  In the early 1950s, walruses returned to Round Island             recommended that the National Marine Fisheries
                                                                                    Service adopt a two-year seasonal (April-September)
                  which appears to be the best-suited terrestrial walrus


                                                                                38






                                                                                          Chapter 11 - Species of Special Concem


             closure in Federal waters from 3 to 12 miles offshore        walrus haulouts, jurisdiction over that area remains
             of Cape Peirce and the Walrus Islands.                       under State management authority under an agreement
                                                                          reached when the refuge was established. To address
                 As noted in previous Annual Reports, the Com-            management needs in coastal waters of the refuge, a
             mission commented to the Service on the Council's            Memorandum of Agreement between the Service and
             recommended action on 13 September 1989. In its              the State of Alaska calls for cooperative management
             comments, the Commission supported a larger closure          and for the Service to recommend needed measures to
             alternative that included waters north of a line be-         the State. The draft fisheries management plan did
             tween Capes Peirce and Constantine. The alternative          not include provisions to close waters to yellowfin
             appeared preferable because it avoided the possible          sole fishing within three miles of walrus haulouts in
             creation of a concentrated ring of noise from vessels        the refuge.
             fishing the perimeter a 12-mile closed area.           In
             addition, fishery studies indicated northern Bristol Bay        Therefore, on 20 February 1990, the Commission
             was a concentration area for spawning sole during the        wrote to the Service noting the need to pursue mea-
             summer, and the larger closure could therefore               sures in nearshore waters off Cape Peirce that would
             enhance conservation of yellowfin sole stocks.               complement the protective measures adopted by the
                                                                          National Marine Fisheries Service for waters 3 to 12
                 The Commission also noted that, while the pro-           miles off walrus haulouts. In its 27 July reply, the
             posed measure prohibited yellowfin sole fishing in           Service noted that it did not consider the matter a
             waters beyond three miles from shore under Federal           fishery management issue and that it had provided the
             jurisdiction, it did not address fishing restrictions        recommendation to a refuge public use planning
             within three miles of shore in State waters. There-          group. By letter of 22 August, the Commission asked
             fore, the Commission noted the need to consider              the Service what actions had been or would be taken
             comparable regulatory action in State waters. Also,          by that group.
             because of uncertainty as to the cause of the declines,
             the Commission recommended that research and                    The Service replied on 4 October 1990, noting that
             monitoring studies be undertaken to assess the effects       it would work with the State and others to support
             of vessel-related noise on walruses around the haul-         regulations on marine mammals.           However, the
             outs and to evaluate the effectiveness of the measure.       Service did not indicate what actions would be taken
                                                                          to resolve inconsistencies between Federal and State
                 Late in 1989, the Service adopted the Council's          provisions around walrus haulouts. The Service also
             recommendation and closed waters between 3 and 12            noted that its preliminary research on noise levels near
             miles off Round Island, Cape Peirce, and the Twins           Round Island in 1989 did not produce useful results
             Islands for the 1990 and 1991 fishing seasons. Also,         because of unreliable equipment, and that studies in
             the Alaska Department of Fish and Game again                 1990 would be limited to counts of walrus at haulouts
             strengthened vessel access restrictions off Round            because no fishing was planned in northern Bristol
             Island by expanding the controlled access zone out to        Bay that year.
             three miles. Comparable measures, however, were
             not taken for nearshore waters off Cape Peirce or the            On 8 March 1991, the Commission again asked
             Twins Islands. Also in 1989, the Fish and Wildlife           the Service what actions had been or would be taken
             Service initiated a study to test the feasibility of         to address inconsistencies in Federal and State regula-
             assessing noise characteristics around walrus haulouts       tions. The Service's 20 March 1991 reply offered no
             at Round Island and Cape Peirce.                             further information on this point. As of the end of
                                                                          1991, the Commission was aware of no actions taken
                 In 1990, the Fish and Wildlife Service asked the         by the Service to address the Commission's recom-
             Commission to review a draft fishery management              mendations, and regulations within State waters
             plan for the Togiak National Wildlife Refuge, which          around Cape Peirce and the Twins Islands remained
             includes Cape Peirce. While the refuge boundaries            inconsistent with Federal regulations throughout the
             include waters within three miles of the Cape Peirce         two-year closure. The Service's 20 March letter did,

                                                                      39






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                however, indicate that it was cooperating with the             Commission provided comments to the Council.
                Alaska Department of Fish and Game and the North               Because of the still unresolved relationship between
                Pacific Fishery Management Council on an amend-                walrus haulout patterns and yellowfin sole fishing, the
                ment to extend the closure in Federal waters for an            Commission recommended that, regardless of the
                additional five years.                                         alternative selected, the document should be expanded
                                                                               to identify the need for studies to (1) continue moni-
                    When the North Pacific Council recommended a               toring walrus haulout patterns; (2) determine at-sea
                                                                                           and habitat use patterns by tagging
                two-year closure around walrus haulouts in 1989, it            movement                                            , and
                planned to reexamine the measure at the end of the             tracking walruses in Bristol Bay; (3) characterize and
                period to determine if it should be modified, extend-          monitor acoustics and the effects of sound near walrus
                ed, or terminated. Because the Service's research on           haulouts; and (4) correlate data from the above studies
                noise characteristics near Round Island was suspended          with the distribution of fishing effort.
                in 1989 without obtaining useful results, the only way
                to assess the effectiveness of the measure is by exam-            As a preferred alternative, the Commission again
                ining counts at walrus haulouts.                               supported the expanded closure, including waters
                                                                               north of a line between Capes Constantine and Peirce.
                    In 1990, the peak count at Round Island (6,891             Also, because of uncertainty as to when information
                animals) was substantially higher than in 1988 (4,424          would be adequate to assess the effectiveness o
                animals), but at Cape Peirce it was substantially lower        measure and because of the costs associated with
                (1,474, as compared to 6,938 animals in 1988). The             extending the measure, the Commission recommended
                counts suggest the measures may have had a modest              that any closure be made permanent, pending avail-
                positive effect at Round Island. However, on several           ability of data indicating that a change was justified.
                occasions, vessels fished illegally within the closed          Finally, the Commission noted the need for steps to
                areas. It is not clear whether concentrations of fishing       ensure that provisions in State waters shoreward of
                vessels occurred along the perimeter of the closure.           three miles are consistent with any closures outside
                                                                               three miles.
                    As a result of its assessment of the situation late in
                1990, the North Pacific Fishery Management Council                At its 24-29 June and 13-16 August 1991 meet-
                agreed to consider alternative actions either to extend        ings, the Council considered comments and recom-
                the 3 to 12-mile closures permanently, or for five             mendations on the matter and approved a recommen-
                years, or to establish a larger closure as had been            dation that the National Marine Fisheries Service close
                considered in 1989. The closure alternatives would             waters between 3 to 12 miles of haulouts on Round
                require amending the Bering Sea and Aleutian Islands           Island, the Twins Islands, and Cape Peirce on a
                groundfish fishery management plan and preparing a             permanent basis. The National Marine Fisheries
                supporting background document for public review               Service agreed with the Council's recommendation
                (i.e., an "environmental assessment/regulatory impact          and, on 4 December 1991, published a notice of
                review/initial regulatory flexibility analysis"). Due to       proposed rules to amend the Bering Sea and Aleutian
                other demands, the Council's staff was unable to               Islands groundfish fishery management plan to pro-
                prepare the necessary background document. The                 vide for permanent fishing closures between 3 to 12
                Fish and Wildlife Service also was unable to provide           miles around the three walrus haulouts.
                staff or funds to contract for the required assessment.
                Therefore, the Commission contracted for the needed            Effects of Offshore Oil and Gas Exploration
                draft document early in 1991 (see Chapter DQ.
                                                                                  Noise and disturbance due to seismic profiling,
                    The draft document was completed in time for               drilling, and ice management associated with offshore
                review by the Council at its 23-26 April 1991 meet-            oil and gas exploration may affect walrus and other
                ing. At that time, the document was approved for               marine mammals. Among other effects, it may alter
                public review. The Council did not, however, indi-             the normal distribution and haulout patterns of walrus-
                cate a preferred alternative. On 14 June 1991, the             es near exploration sites. Noise and disturbance also

                                                                           40






                                                                                            Chapter H - Species of Special Concem


             may startle animals hauled out on ice, causing them to        same year, the Commission completed a series of
             rush into the water. In doing so, stampeding adults           species reports with research and management recom-
             may kill or injure calves, and calves, unable to fend         mendations for several Alaska marine mammals (see
             for themselves, may become separated from their               Appendix B, Lentfer 1988). Among the species
             mothers.                                                      covered was the Pacific walrus.


                 Section 101(a)(5) of the Marine Mammal Protec-                When it transmitted the species reports to the Fish
             tion Act authorizes the Secretary of the Interior and         and Wildlife Service on 11 January 1989, the Com-
             the Secretary of Commerce, depending on the species           mission expressed its belief that a conservation plan
             involved, to develop regulations upon request to allow        for walruses should be prepared and that most of the
             incidental, but not intentional, taking of small num-         work necessary to do so had been done through
             bers; of marine mammals by U.S. citizens engaged in           development of its walrus species report. In its 3
             activities other than commercial fishing. Such autho-         March 1989 reply, the Service stated that it expected
             rization may be granted for periods of up to five             to complete a conservation plan in about 18 months.
             years, provided the activities will have a negligible         In this regard, the Service noted that a preliminary
             impact on the species and will not have an unmitigable        meeting between the Service, the State, and a Native
             adverse impact on the availability of that species for        group had taken place in November 1988 to help
             subsistence uses. The regulations must specify the            guide work on developing and implementing a walrus
             permissible activities, the means of minimizing               plan. However, because of other pressing needs, such
             possible adverse impacts, and the monitoring require-         as the response to the F=on Valdez oil spill, Service
             ments that will be followed to ensure that effects are        staff was unable to make much progress on the plan.
             indeed negligible.
                                                                               On 25-27 April 1991, as part of a review of
                 At the request of representatives of Alaska's             Alaska marine mammal issues conducted during its
             offshore oil and gas industry, the Fish and Wildlife          annual meeting in Bellevue, Washington, the Commis-
             Service prepared regulations in 1991 to allow the             sion and its Committee of Scientific Advisors re-
             incidental take of walruses and polar bears during            viewed the status of walrus research and management
             certain offshore oil and gas exploration activities in        work, including development of a conservation plan.
             the Chukchi Sea. The Service subsequently reviewed            During the meeting, representatives of the Service
             several industry requests for letters of authorization to     stated that, while they remained committed to prepar-
             take walruses and polar bears pursuant to those               ing a plan, efforts to begin drafting a plan had been
             regulations.     Ile Marine Mammal Commission                 suspended because of other essential demands on the
             provided detailed comments to the Service on both the         Service's limited staff and funding. Moreover, the
             regulations and industry requests for letters authoriza-      Service indicated that this situation was not likely to
             tion. These efforts are described in Chapter VIII.            change in the foreseeable future.

             Preparation of a Pacific Walrus                                   As a result, the Commission offered to contract for
             Conservation Plan                                             the development of an initial draft conservation plan
                                                                           which the Service could use to facilitate the plan
                 In 1988, Congress amended the Marine Mammal               development process and help overcome the problem
             Protection Act by adding a section authorizing the            of limited resources.      By letter of 29 April, the
             Secretaries of the Interior and Commerce to develop           Commission confirmed its offer. The Service indicat-
                                                                              that it would use the initial draft conservation plan
             conservation plans for non-depleted marine mammals,           ed
             such as Pacific walruses, if doing so would further           and other information previously prepared by the
             conservation needs. Like recovery plans for endan-            Commission in developing the walrus plan. As noted
             gered species, conservation plans provide a basis for         in Chapter IX, the Commission contracted for a
             identifying and coordinating research and management          project to develop a preliminary draft plan.
             tasks necessary to assure species conservation. That


                                                                       41






               MARINE MAMMAL COMMISSION - Annual Report for 1991


                   The draft plan, completed in December 1991,                With respect to Native subsistence harvests, the
               included a thorough review of the biology and conser-       Commission recommended that the Service immedi-
               vation issues concerning walruses. It also identified       ately reinstitute the harvest monitoring system sus-
               specific tasks for monitoring the status and trends of      pended in 1990. It also recommended that harvest
               the Pacific walrus population, defining the optimum         and biological sampling needs be reviewed to deter-
               sustainable population level, protecting and monitoring     mine how that monitoring system should be altered in
               essential habitats, monitoring Native subsistence           the future. The Commission urged that, in coopera-
               harvests to ensure that they are consistent with the        tion with the Eskimo Walrus Commission and Native
               provisions of the Marine Mammal Protection Act, and         hunters, the Service carry out a study to identify and,
               coordinating Federal, State, Native, industry, and          as possible, suggest ways to minimize the number of
               international efforts to conserve the Pacific walrus        walruses that are shot and either sink or escape
               population.                                                 without being retrieved.

                   Based on its review of the draft plan, the Commis-         To address possible interactions between walruses
               sion and its Committee of Scientific Advisors conclud-      and commercial fishing in Bristol Bay, the Commis-
               ed that it provided a well-reasoned set of research and     sion recommended in its 23 December letter that the
               management actions and would provide a sound basis          Service consult with agencies and groups, including
               for charting and coordinating cooperative research and      the Alaska Department of Fish and Game, the Nation-
               management efforts.       The Commission therefore          al Marine Fisheries Service, the North Pacific Fishery
               transmitted the plan to the Service on 23 December          Management Council, and the Eskimo Walrus Com-
               1991. In doing so, the Commission recommended               mission, to ensure that fishery closures in Federal
               that: (1) the draft plan be circulated for review and       waters around Round Island, the Twins Islands, and
               comment by the Service's Walrus Management Plan             Cape Peirce are continued after 1991. In addition, it        7'
               Advisory Team; (2) the Service prepare a final draft        recommended that steps be taken to ensure, insofar as
               conservation plan using the comments of the advisory        possible, that comparable measures are considered and
               team and the transmitted draft plan; and (3) the final      adopted expeditiously for State waters and that the
               draft plan be circulated to the Commission and others       need for protecting other Bristol Bay walrus haulouts
               for agency and public review prior to adoption.             also be considered.

                   While noting that work to complete the walrus              To provide for optimal coordination with Soviet
               plan should proceed as quickly as possible, the             scientists and managers, the Commission recommend-
               Commission also noted that other important research         ed that, in developing the walrus conservation plan    '
               and management tasks should be pursued without              the Service and other involved parties assess the scope
               delay. To help ensure progress in these areas, the          and effectiveness of existing mechanisms for coordi-
               Commission offered recommendations on matters that          nating joint activities concerning walruses. In doing
               it believed required immediate attention.                   so, it suggested the Service consider whether and how
                                                                           a bilateral agreement with the Soviet Union might
                   In view of the importance of discerning current         further facilitate work on priority research and man-
               population trends and the inability of the 1990 joint       agement tasks identified in the walrus plan.
               walrus survey to provide information useful in this
               U.S.-U.S.S.R. regard, the Commission recommended               At the end of 1991, the Commission looked
               that the Service immediately begin planning for             forward to the Service's reply to its letter and to
               another census to be conducted by 1993 if at all            continuing to help with the development and imple-
               possible. It recommended convening a small group of         mentation of an effective walrus conservation plan.
               experts to describe alternative census approaches, and
               arranging for consultations with Soviet counterparts to
               discuss and agree on plans for a new joint census.



                                                                       42






                                                                                         Chapter H - Species of Special Concem


                                  Sea Otter                              management strategy for sea otters and recreational
                             (Enkydm kaWs)                               and commercial shellfish fisheries in California. The
                                                                         Fish and Wildlife Service concurred with the Commis-
                Sea otters historically inhabited the coastal waters     sion's recommendation and incorporated the zonal
            of the North Pacific Ocean from central Baja Califor-        management concept into the Southern Sea Otter
                                                                         Recovery Plan adopted in February 1982.
            nia, Mexico, north along the coasts of California,
            Oregon, Washington, British Columbia, and southern
                                                                            The Fish and Wildlife Service initiated efforts in
            Alaska; -west through the Aleutian, Pribilof, and
                                                                         1981 to identify possible sites for establishing one or
            Commander Islands; and south along the Kamchatka             more "reserve" sea otter colonies in California,
            Peninsula, the Kuril Islands, and the islands of north-      develop a translocation plan, and assess the possible
            ern Japan. Commercial hunting of sea otters for their
                                                                         environmental and economic consequences of re-
            fur began in the mid-1700s, shortly after the discovery      establishing sea otters in additional parts of their
            of the Commander Islands by Vitus Bering. Hunting
            continued, largely unregulated, until 1911 when the          historic California range. In 1985, Congress directed
            species was protected by the North Pacific Fur Seal          that the Service develop a translocation plan. In the
                                                                         fall of 1986, Congress passed Public Law 99-625,
            Convention, an agreement signed by the United                which included provisions authorizing and encourag-
            States, Great Britain, Russia, and Japan.          Small
            groups of sea otters survived in remote areas in the         ing the development and implementation of a plan to
            Soviet Union, Alaska, and central California.                establish at least one sea otter colony outside the then
                                                                         existing sea otter range in California.       The law
            The Central California Population                            required that the plan specify a translocation zone that
                                                                         would meet the habitat needs of the translocated
                The remnant sea otter population      in California      animals and provide a buffer against possible adverse
            occupied a few miles of nearshore habitat along the          activities that may occur outside the zone. It also
                                                                         required that the area surrounding the translocation
            rocky Point Sur coast and may have numbered fewer
                                                                         zone be designated a "management zone" from which
            than 50 animals in 1911 when hunting was prohibited          sea otters are to be excluded by non-lethal means to
            by the Fur Seal Convention. Protected by the Con-            prohibit range expansion and protect fishery resources
            vention and later by the State of California, the            south of Point Conception.
            population grew slowly until, by the mid-1970s, it
            numbered nearly 1,800 animals and inhabited near-               The Fish and Wildlife Service subsequently devel-
            shore areas along approximately 160 miles of the             oped and adopted a plan to establish a reserve sea
            central California coast. At that time, the risk of oil
                                                                         otter colony at San Nicolas Island, one of the Califor
            spills along the central California coast was expected       nia Channel Islands. Implementation of the plan
            to increase, due largely to the expected increase in         required cooperative efforts by the Fish and Wildlife
            tanker traffic transporting oil from the Trans-Alaska
            pipeline, then nearing completion.                           Service and the California Department of Fish and
                                                                         Game. To clarify their respective roles, the two
                Because of its small size, its limited distribution,     agencies concluded a Memorandum of Understanding
            and the increasing threat of oil spills and other cata-      on 18 August 1987. Among other things, the Memo-
            strophic events, the population was designated as            randurn specified that:
            threatened under the Endangered Species Act in               0  the Fish and Wildlife Service will be responsible
            January 1977. Recognizing that range expansion was
            the best way to minimize the risk posed by oil spills           for providing funds and personnel necessary to
            and that range expansion could impact commercial                implement, enforce, and carry out the transloca-
            and recreational abalone and other shellfish fisheries          tion program;
            that developed in the absence of sea otters, the Com-        0  if verified sightings of sea otters are made at any
            mission in December 1980 recommended that the Fish              location within the designated management zone
            and Wildlife Service adopt and implement a "zonal"              ("no-otter zone"), the Fish and Wildlife Service

                                                                     43






                 MARINE MAMMAL COMMISSION - Annual Report for 1991


                    will undertake recapture efforts, as soon as weath-              Containment - From September 1987 through
                    er and sea conditions permit, and return the                  June 1991, there were 103 reports and 67 verified
                    captured otters either to the mainland sea otter              sightings of sea otters within the designated Manage-
                    range or to the translocation zone;                           ment Zone. Some of the reports were of seals and sea
                                                                                  lions, rather than sea otters, while others were dupli-
                 ï¿½  the Fish and Wildlife Service, in cooperation with            cate sightings of the same animals.
                    the California Department of Fish and Game, will
                    evaluate the safety, effectiveness, and cost of                  In previous years, sea otters sighted in the Man-
                    possible alternative techniques for limiting popula-          agement Zone appeared not to stay in one place for
                    tion growth, including but not limited to reduction           very long. In 1991, however, there were indications
                    of fecundity and, as part of a long-term manage-              of animals taking up residence in the nearshore waters
                    ment plan, the appropriateness of selective culling,          of San Miguel Island. A single sea otter was reported
                    recognizing that evaluations involving the lethal             by a fisherman at the western end of the island on 30
                    take of California sea otters could not be permit-            March 1991. A dead sea otter was found on the
                    ted;                                                          island on I May. This otter was a male that had been
                                                                                  translocated to San Nicolas Island on 4 October 1988
                 ï¿½  the California Department of Fish and Game will               and sighted near Point Buchon on the mainland on 17
                    be responsible for designing and carrying out a               October 1989. During an aerial survey on 13 May,
                    research program, using funds provided by the                 nine adults and one pup were sighted in waters around
                    Fish and Wildlife Service, to evaluate the feasibili-         San Miguel Island. The Fish and Wildlife Service has
                    ty of humane, non-lethal methods to experimental-             attempted to capture and remove the animals, but to
                    ly maintain the southern boundary of the mainland             date has been able to capture only two.
                    sea otter range in an area between Point Arguello
                    and Point Conception; and                                        There also are indications that the distribution of
                                                                                  sea otters along the mainland California coast is
                 ï¿½ the California Department of Fish and Game will                moving south towards Point Conception.                    On
                    initiate and/or support State legislation to imple-           2 January 1991, three independent sea otters and a
                    ment appropriate restrictions on the use of gill and          dependent pup were sighted near Purisima Point,
                    trammel nets in the translocation zone.                       about 12 miles north of Point Conception. During a
                                                                                  shore-based count on 4 June 1991, eight independent
                    Translocation Efforts - Capture of sea otters for             sea otters and two pups were seen in this area.
                 translocation to San Nicolas Island began on 24                  Although none of the animals had a complete set of
                 August 1987. As of June 1991, 252 sea otters had                 flipper tags, the tags present suggested that 3 of the
                 been caught along the central California coast for               animals likely were animals that had been translocated
                 possible translocation to San Nicolas Island. Of these,          to San Nicolas Island.
                 101 were released at the capture site, or were released
                 before being translocated to San Nicolas Island, 8 died             Incidental Take in Misheries - When the Califor-
                 during the translocation process, and 139 were trans-            nia sea otter population was listed as threatened in
                 ported to and released at San Nicolas Island.                    January 1977, it was assumed that population size and
                                                                                  range were increasing and would continue to increase
                    Since the translocation was initiated in          August      at about five percent per year until all of the available
                 1987, 13 pups are known to have been born at the                 habitat was reoccupied. As noted in previous Annual
                 island; 4 of these are known to have survived to                 Reports, however, subsequent studies indicated that
                 weaning. As of June 1991, 14 of the 139 otters                   substantial numbers of sea otters were being caught
                 translocated to San Nicolas Island remained at the               and killed in coastal gill net fisheries and that the
                 island; 10 were known to have died; 3 had been                   incidental take had stopped, and possibly reversed, the
                 recaptured in the Management Zone; and 31 had been               population increase. In addition to sea otters and
                 resighted back in the mainland range. The fate of the            other marine mammals, thousands of seabirds and
                 remaining 81 animals is unknown.

                                                                              44






                                                                                             Chapter H - Species of Special Concem


             non-target fish species also were being caught and
             killed in the fisheries.
                                                                              Table 6. Sea Otter Population Counts by the
                 The State of California, recognizing the problems                       FIsh and Wildlife Service and the
             being caused by these non-selective fishing practices,                      California Department of Fish and
             enacted a series of regulations starting in 1982 to                         Game, 1982 - 1991
             prohibit the use of gill and trammel nets in areas                                  Independent
             where seabirds, sea otters, and other marine mammals
                                                                                Year                 Otters        BM        Total
             were likely to become entangled. The prohibitions
             have reduced the incidental take of sea otters and, as             1982 Spring           1,124          222     1,346
             shown in Table 6, subsequent counts suggest that the                    Fall             1,194          144     1,338
             population increase has resumed. The restrictions did
             not, however, eliminate the incidental entanglement of             1993 Spring           1,131          120     1,251
             sea otters. Therefore, in 1990, the State of California                 Fall             1,062          164     1,226
             enacted legislation prohibiting use of gill and trammel            1984 Spring           1,181          123     1,304
             nets in waters shallower than 30 fathoms throughout                     Fall               -            -        -
             most of the sea otter range in the State. There have
             been no reports of sea otters being taken in the closed            1995 Spring           1,124          236     1,360
             area since the legislation went into effect.                            Fall             1,066          155     1,221
                 The Southern Sea Otter Recovery Plan - As                      1986 Spring           1,345          225     1,570
                                                                                     Fall             1,088          113     1,201
             noted in the Commission's previous Annual Report,
             the Fish and Wildlife Service reconstituted the South-             1987 Spring           1,430          220     1,650
             ern Sea Otter Recovery Team in 1999 to review and                       Fall             1,263          104     1,367
             recommend changes necessary to update the Southern
             Sea Otter Recovery Plan. This action was precipitat-               1988 Spring           1,505          219     1,724
             ed, in part, by the Exxon Valdez oil spill that occurred                Fall               -            -        -
             in Prince William Sound, Alaska, on 24 March 1989                  1989 Spring           1,574          290     1,864
             (see Chapter VII for information on the spill).                         Fall             1,484          115     1,599
                 The Recovery Team reviewed and subsequently                    1990 Spring           1,466          214     1,680
             recommended revision of the Recovery Plan. Taking                       Fall             1,516          120     1,636
             into account the Recovery Team's recommendations,                  1991 Spring           1,700          241     1,941
             the Fish and Wildlife Service developed and, in                         Fall             1,523          138     1,661
             August 1991, provided a draft revised Recovery Plan
             to the Commission and others for review and com-
             ment. The Commission, in consultation with its
             Committee of Scientific Advisors, reviewed and                     oil spill and to capture and rehabilitate oiled otters
             provided comments on the draft revision to the                     are likely to be unsuccessful;
             Service by letter of 8 November 1991. In its com-
             ments, the Commission noted that the draft Recovery           0    efforts to establish the reserve breeding colony at
             Plan revision appeared to reflect four conclusions:                San Nicolas Island have thus far been unsuccessful
                                                                                and, if successful, will not provide an adequate
                 the Exxon Valdez oil spill had demonstrated that               basis for removing the southern sea otter from the
                 (a) the entire southern sea otter range, including             List of Endangered and Threatened Species;
                 San Nicolas Island, could be contacted by a single
                 large off spill occurring in or near the population's     0    the only effective way to eliminate the risk of an
                 California range, and (b) efforts to contain a large           oil spill endangering the southern sea otter popula-


                                                                        45






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                    tion is to substantially increase the population's        The Alaska Sea Otter Population
                    range and size; and
                                                                                 Available information suggests that small groups
                0   the risk of endangerment as a result of oil spills        of sea otters survived the era of commercial exploi-
                    will not be eliminated (i.e., become insignificant)       tation in several remote areas of Alaska (e.g., Rat
                    until the population's range has expanded north to        Islands, Delarof Island, False Pass, Sandman Reefs,
                    the Oregon border and the population numbers at           Shumigan Islands, Kodiak Island, and Prince William
                    least 5,400 animals (60 percent of the estimated          Sound). Since then, sea otters have repopulated most
                    carrying capacity of the species' potential range in      of their former range in Alaska although they have not
                    California, excluding San Francisco Bay and the           yet reached historic levels in some areas. No sea
                    area south of Point Conception).                          otters survived in southeast Alaska and repopulation
                                                                              of this area was initiated by translocating otters from
                    The Commission noted that, while these conclu-            Amchitka Island and Prince William Sound in the late
                sions seem intuitively reasonable, they were not ade-         1960s and early 1970s.
                quately supported by the information and analyses in
                the draft revised recovery plan. The draft revision              The most recent surveys indicate that there are
                did not, for example, indicate why the Fish and               100,000 to 150,000 sea otters in Alaska. Although
                Wildlife Service and/or the Recovery Team believed            the population currently is healthy and growing, there
                that the threat posed by oil spills could not be effec-       are a number of existing and foreseeable threats and
                tively eliminated by altering tanker routes or taking         conservation issues. These include (1) conflicts with
                other steps to reduce the risk of an oil spill occurring      commercial, subsistence and recreational shellfish
                in or near the California sea otter range, or by devel-       fisheries that have developed in the absence of sea
                oping a more effective oil spill response plan and pre-       otters; (2) incidental take in gill net and other fisher-
                positioning containment and clean-up equipment to             ies; (3) oil and gas development and transportation;
                reduce the possibility of sea otters' being impacted if       (4) logging, mariculture, and other coastal develop-
                an oil spill does occur. Further, the draft revision          ment; (5) Native subsistence hunting; and (6) the
                provided no explanation for the apparent determina-           increasing tourist industry in Alaska. The reality of
                tions that (1) nothing can or should be done to expe-         these threats is illustrated by the Exxon Valdez oil
                dite natural range expansion, and (2) only the present        spill, which is estimated to have killed 3,500 to 5,500
                California sea otter range and coastal areas north to         sea otters in Prince William Sound and adjacent areas
                the Oregon border (excluding San Francisco Bay)               (see Chapter VII).
                should be considered in determining the optimum
                sustainable sea otter population. On a related matter,           Recognizing the threats and possible conflicts
                the Commission noted that the draft revision appeared         being generated by increasing human populations and
                to be proposing or recommending, but did not explain          development in Alaska, the Commission in 1984
                the rationale for, repeal of Public Law 99-625 and the        initiated efforts to assess the state of knowledge and
                related regulations and agreements that allowed               identify conservation issues regarding sea otters and
                establishment of the reserve breeding colony at San           nine other species of marine mammals that occur
                Nicolas Island, and maintaining the southern boundary         commonly in State waters. This effort led to the
                of the sea otter population at Point Conception to            publication in 1988 of species accounts, with research
                prevent adverse effects on shellfish and other fisheries      and management recommendations, for each of the ten
                in the Channel Islands and the California Bight.              species (see Appendix B, Lentfer 1988).

                    In light of these uncertainties, the Commission              As noted in Chapter VII and previous Commission
                recommended that a second draft of the proposed               reports, the Marine Mammal Protection Act, as
                Recovery Plan revision be done and be provided to             amended in 1988, directs that the Secretaries of the
                the Commission and others for review and comment              Interior and Commerce develop conservation plans for
                before it is considered for adoption by the Service.          depleted and, when appropriate, for non-depleted
                                                                              marine mammal species and populations. Also as

                                                                          46






                                                                                           Chapter H - Species of Special Concem


             noted in previous Annual Reports, the Commission                                 Pobw Be"
             wrote to the Fish and Wildlife Service on I I January                        MY= maymmm)
             1989 suggesting that the Service prepare conservation
             plans for walruses, polar bears, and sea otters. The
             Commission pointed out that much of the needed                  The polar bear is one of three species of the genus
             background work had been done and was published in           Ursus, which also includes the North American black
             the Commission-sponsored species reports mentioned           bear (U. americanw) and the brown or grizzly bear
             above.                                                       (U. arctos). Polar bears inhabit most ice-covered seas
                                                                          of the northern hemisphere and are circumpolar in
                The Service advised the Commission on 3 March             distribution. The species occurs throughout most of
                                                                          the Arctic basin; animals have been seen as far north
             1989 that it had begun developing a walrus conser-
                                                                          as 88 degrees north latitude and as far south in the
             vation plan and intended to begin development of
             conservation plans for polar bears and sea otters in the     eastern Bering Sea as St. Matthew Island. Available
                                                                          information indicates that parts of two relatively
             near future. Efforts to develop the conservation plans
                                                                          discrete polar bear populations occur in Alaska - a
             were delayed by the E=on Valdez oil spill. Because           western population shared with the former Soviet
             of limited staff and other constraints, the Service has      Union and an eastern population shared with Canada.
             been unable to complete conservation plans for any of
             the three species.                                           International Agreement on the
                This and related matters were discussed with              Conservation of Polar Bears
             representatives of the Fish and Wildlife Service during         Increased hunting of polar bears in the 1950s and
             the annual meeting of the Commission and its Com-
             mittee of Scientific Advisors in Bellevue, Washington,       1960s and concerns about the effects of industrial
             on 25-27 April 1991. At that time, the Commission            activities on polar bears and their habitat led to an
             offered to provide assistance in developing draft plans      international dialogue on the need to conserve polar
             that could be used to expedite the planning process,         bears throughout the Arctic. In 1973, the Govern-
             and the Service accepted the offer.                          ments of Canada, Denmark (for Greenland), Norway,
                                                                          the Soviet Union, and the United States concluded the
                With regard to sea otters, the Commission, as             International Agreement on the Conservation of Polar
             indicated in Chapter IX, organized and held a meeting        Bears. The Agreement, which entered into force in
             in Anchorage, Alaska, on 25-26 September 1991 to             1976, allows the taking of polar bears under certain
                                                                          conditions (e.g., for scienteific research and Native
             identify conservation issues from the perspective of         subsistence), but prohibits the use of aircraft and large
             different organizations. The meeting involved repre-         motorized vessels for the purpose of taking polar
             sentatives of the Fish and Wildlife Service, the Native      bears. It also prohibits the sale of skins and other
             community, the fishing industry, and the environmen-
             tal community. Following the meeting, the Commis-            polar bear parts for commercial purposes.
             sion prepared a draft conservation plan and provided            Article H of  .the Agreement requires that each of
             it to the meeting participants for review and comment.       the contracting parties "take appropriate action to
             At the end of the year, the draft conservation plan was      protect the ecosystems of which polar bears are a part,
             being revised to take account of reviewers' comments.
                                                                          with special attention to habitat components such as
                The Commission anticipates that the draft plan will       denning and feeding sites and migration patterns...
                                                                          It is not clear whether the Marine Mammal Protection
             be completed and provided to the Fish and Wildlife           Act provides sufficient legal authority for assuring
             Service in February 1992. At that time, the Commis-
                                                                          U.S. compliance with this provision. Therefore, as
             sion expects to recommend actions necessary to               noted in Chapter VIII, the Fish and Wildlife Service,
             accomplish priority research and management tasks.
                                                                          acting on advice ftom the Commission, is undertaking
                                                                          a review to determine whether additional regulations
                                                                          or implementing legislaiton is needed to ensure that


                                                                      47



    M






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                the United States meets its obligations under the             Oil and Gas Exploration and Development
                Agreement.                                                       As noted in the Commission's previous Annual
                Native Subsistence Hunting                                    Report, the increasing level of human activity in the
                                                                              Arctic, particularly those activities related to on and
                    Prior to passage of the Marine Mammal Protection          gas exploration and development, poses risks to polar
                Act in 1972, hunting of polar bears in Alaska was             bears and other wildlife. In recognition of this, the
                managed by the State. The Act gave management                 Marine Mammal Commission, in January 1989,
                authority to the Fish and Wildlife Service, and ex-           sponsored a workshop to determine ways to assess and
                empted coastal Alaska Natives from its prohibitions on        minimize the possible adverse effects of oil and gas
                taking when the taking is non-wasteful and for subsis-        exploration and development on polar bears. Partici-
                                                                              pants included representatives of Native groups and
                tence or handicraft purposes. The Act authorizes the
                Fish and Wildlife Service to prescribe regulations            relevant U.S. and Canadian federal, provincial, and
                necessary to monitor the numbers, ages, and sexes of          state agencies. The workshop report was forwarded
                polar bears taken by Alaska Natives, but prohibits            to the Fish and Wildlife Service and others on 28
                limiting the take unless the affected population is           December 1990 (see Appendix B, Lentfer 1990).
                depleted.
                                                                                 The workshop report notes that polar bears and
                    The Beaufort Sea polar bear population is hunted          their habitat could be affected in several ways by
                by Natives from western Canada as well as Alaska.             activities and events associated with Arctic oil and gas
                If not regulated effectively, such hunting, by itself and     exploration and development. These include: (1)
                in combination with other activities, could jeopardize        shooting or harassment of polar bears to protect
                the continued existence of the population. Recogniz-          workers carrying out exploration and development
                ing this, the Fish and Game Management Committee              activities; (2) damage or destruction of polar bear
                of Alaska's North Slope Borough and the Inuvialuit            denning or other essential habitats; (3) contact with
                Game Council of Canada's Northwest Territories                and ingestion of oil from acute and chronic oil spills;
                entered into an agreement in January 1988 to govern           (4) contact with and ingestion of other contaminants;
                cooperatively the hunting of polar bears in the area          (5) disturbance 'by aircraft, ship, drilling, and other
                between Icy Cape, Alaska, and the Baillie Islands,            operations; (6) increased hunting pressure; (7) indi-
                Canada.                                                       rect, food chain effects; and (8) mortality, injury, and
                                                                              stress resulting from scientific research done to assess
                    Among other things, the Agreement calls for               the possible effects of off, gas, and other activities on
                protection of cubs, females with cubs, and all bears          polar bears and other species. The report noted that
                inhabiting or constructing dens, and for prohibiting          the probability of interactions between polar bears and
                hunting at certain times of the year. It also provides        people, and the risk of death or injury of both bears
                that a harvest quota, based upon the best available           and people, will increase as the level of exploration,
                scientific evidence, be established annually; the quota       development, and other activities increases in the
                be allocated equitably between Alaska and Canadian            Arctic. It concluded that the likelihood of harmful
                Natives; and data be collected and shared on the              interactions resulting from oil and gas activities could
                number, location, age, and sex of bears killed.               be reduced substantially by requiring development of
                                                                              site-specific polar bear interaction plans.
                    The agreement has no legal status in Alaska or
                Canada and does not provide for enforcement and                  In its 28 December 1990 letter forwarding the
                penalties in Alaska. Thus, its success depends upon           workshop report to the Fish and Wildlife Service, the
                voluntary compliance. Also, it does not apply to              Commission recommended that the Service: (1) work
                Native subsistence hunting of polar bears in Alaska           with the Minerals Management Service and the
                west of Icy Cape.                                             corresponding State agency to identify and agree upon
                                                                              information that should be contained in, and proce-
                                                                              dures that should be used to review and approve, site-

                                                                          48



                                                                                                                                         M






                                                                                                Chapter H - Species of Special Concern


              specific polar bear interaction plans; (2) encourage an         one of the requirements for obtaining letters of au-
              appropriate industry group to seek an exemption,                thorization allowing the take of polar bears incidental
              pursuant to section 101(a)(5) of the Marine Mammal              to oil and gas activities. The Service also noted that
              Protection Act, to allow the incidental take of small           the oil and gas industry had been very cooperative in
              numbers of polar bears in the process of implementing           responding to recommendations concerning develop-
              approved interaction plans; (3) identify and, with the          ment and implementation of polar bear interaction
              Minerals Management Service and the Alaska Depart-              plans.
              ment of Fish and Game, cooperatively carry out or
              support such additional research and monitoring                     The Service indicated that it shared the Commis-
              programs as necessary to evaluate the relative merits           sion's view that regulations or implementing legis-
              of possible detection and deterrence systems, and to            lation were required to give full effect to the Inter-
              better determine important polar bear denning areas             national Agreement on the Conservation of Polar
              and how such areas and the bears denning in them                Bears.
              may be affected by construction and operation of
              facilities nearby; and (4) if it had not already been           Development of a
              done, work with the Minerals Management Service,                Polar Bear Conservation Plan
              the National Marine Fisheries Service, the Coast
              Guard, the Environmental Protection Agency, and                     As discussed in Chapter VII, the 1988 amendments
              relevant State agencies to (a) include in oil spill             to  the Marine Mammal Protection Act directed the
              contingency plans specific measures for assessing and           Secretaries of the Interior and Commerce to develop
              minimizing the impact of possible oil spills on Polar           conservation plans for depleted and, when appropri-
              bears, and (b) develop a program to assess and                  ate, non-depleted marine mammal species and popula-
              monitor the levels of anthropogenic hydrocarbons and            tions. As noted in the previous Annual Report, the
              other possible contaminants present in polar bears and          Commission wrote to the Fish and Wildlife Service on
              other components of the ecosystem of which they are             11 January 1989 suggesting that the Service prepare
              a part.                                                         conservation plans for walruses, polar bears, and sea
                                                                              otters.  The Commission pointed out that much of the
                 The Commission also recommended that the Fish                needed background work had been done and was
              and Wildlife Service take such steps as necessary,              published in Marine Mammals in Alaska: Species
              including promulgating regulations or seeking domes-            Accounts %ith Research and Management Recommen-
              tic implementing legislation, to give fall effect to the        dations (see Appendix B, Lentfer 1988).
              provisions of the International Agreement on the
              Conservation of Polar Bears described above. In this                The Service's 3 March 1989 response to the
              regard, the Commission noted that, in some cases, oil           Commission's letter indicated that it concurred and
              and gas development and other activities in Alaska              had initiated development of a walrus management
              may be inconsistent with Article II of the Agreement            plan, and intended to begin work on plans for polar
              which, as noted above, specifies that the Parties "shall        bears and sea otters in the near future. As noted in
              take appropriate actions to protect the ecosystems of           Chapter VH'   '  however, the Exxon Valdez oil spill
              which polar bears are a part, with special attention to         caused personnel and funding to be diverted to assess-
              habitat components such as denning and feeding                  ing and attempting to mitigate the impacts of the spill.
              sites...."
                                                                                  As noted in Chapter VH, this and related matters
                 On 11 June 199 1, the Fish and Wildlife Service              were discussed with representatives of the Fish and
              responded to the Commission's 28 December 1990                  Wildlife Service during the meeting of the Commis-
              letter. The Service noted that it anticipated that the          sion and its Committee of Scientific Advisors in
              regulations being developed to give effect to section           Bellevue, Washington, on 25-27 April 199 1. At that
              101(a)(5) of the Marine Mammal Protection Act (see              meeting, the Commission offered to provide assistance
              the discussion in Chapter VIII) would require develop-          in developing draft plans that then could be used by
              ment and approval of site-specific interaction plans as

                                                                          49






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                the Service to expedite completion and adoption of          assess and avoid or minimize the possible adverse
                conservation plans for each of the three species. The       impacts of Alaska oil and gas development on polar
                Service accepted and the Commission subsequently            bears and other marine mammals. To allow it to
                initiated efforts to develop draft conservation plans.      respond fully to the request from the American
                Ile draft polar bear plan is expected to be completed       Institute of Biological Sciences and the Defenders of
                and forwarded to the Service early in 1992.                 Wildlife, the Commission requested that the Service
                                                                            advise it as to: (1) what the Service had done, in
                Proposed Oil and Gas Development in                         addition to the actions described in its I I June 1991
                the Arctic National Wildlife Refuge                         letter mentioned previously, to respond to the ree-
                                                                            ommendations in the Commission's letter of 28
                   By letter of 3 September 1991, the American              December 1990; (2) what the Service was doing, or
                Institute of Biological Sciences and the Defenders of       had advised the Minerals Management Service that it
                Wildlife requested that the Commission undertake a          should be doing, to identify important polar bear
                review to determine whether proposed oil and gas            denning areas and how oil and gas development in the
                development in the Arctic National Wildlife Refuge is       Arctic might affect those areas and the bears that use
                in conflict with (1) protection of the Beaufort Sea         them; and (3) what the Service has done or is consid-
                polar bear population, and (2) U.S. obligations to          ering doing to ensure that oil and gas development
                protect polar bear denning habitat under the Intema-        and other activities in Alaska are not inconsister
                tional Agreement on the Conservation of Polar Bears.        the International Agreement on the Conservation of
                The letter cited recent studies indicating that the         Polar Bears.
                coastal plain of the Arctic National Wildlife Refiige
                constitutes important polar bear denning habitat and           The Service responded to the Commission's letter
                pointed out that the United States is obligated, under      on  16 October 1991. In its response, the Service
                the 1973 polar bear agreement, to protect such areas.       noted that it had placed highest priority on developing
                                                                            and implementing regulations allowing the take of
                   On 17 September 1991, the Commission advised             Polar bears and other marine mammals incidental to
                the Fish and Wildlife Service of the request. In its        oil and gas operations as directed by section 101(a)(5)
                letter, the Commission noted that the Arctic National       of the Marine Mammal Protection Act (see Chapter
                Wildlife Refuge is the only remaining relatively            VIII for additional discussion of this issue). As
                undisturbed on-land polar bear denning area in Alas-        regards the Arctic National Wildlife Refuge, the
                ka. It also notedthat reproductive success appears to       Service noted that it has conducted research since
                be greater in on-land dens than in pack ice dens, and       1981 to identify and evaluate the importance of the
                that it is not clear how oil and gas development and        Refuge and adjacent areas in the Beaufort Sea for
                other activities in the Refuge, and other areas along       polar bear derming, and has sought and received
                the coast and offshore Alaska and Canada, would             support from the Minerals Management Service to
                affect the Beaufort Sea polar bear population. In this      expand those studies. The Service described efforts
                regard, the Commission noted that, while activities in      that it and the Minerals Management Service have
                any one area might not have significant adverse             undertaken to assess and ensure that oil and gas
                impacts, it is reasonable to presume that activities in     activities do not adversely affect polar bears or their
                certain areas, such as the Arctic National Wildlife         habitat.
                Refuge, might have effects greater than activities in
                other areas, and that the cumulative effects of activi-        With regard to the Commission's question as to
                ties in many areas could disadvantage polar bear            what was being done to ensure that oil and gas
                populations throughout the Arctic.                          activities and other activities in Alaska are not incon-
                                                                            sistent with the International Agreement on the Con-
                                                                            servation of Polar Bears, the Service indicated that
                   The Commission noted that        it previously had
                advised the Fish and Wildlife Service and the Min-          letters of authorization issued pursuant to the previ-
                erals Management Service of actions necessary to            ously mentioned regulations would require monitoring
                                                                            programs to further evaluate the predicted effects of

                                                                        50






                                                                                         Chapter H - Species of Special Concern


             the authorized activities on polar bears. The Service      that there is no basis for assessing how many animals
             also indicated that extensive measures would be            remain in that ocean or where they are likely to
             implemented to protect polar bears if Congress             occur. They may well number no more than a few
             authorizes oil and gas development within the Arctic       tens of animals. In addition, there have been virtually
             National Wildlife Refuge and that, in its view, it was     no reports of calves from the North Pacific for the
             presumptuous to speculate about potential exploration      past several decades, and the population very well
             or development scenarios before Congress acted.            could disappear before the end of this century.

                At the end of 1991, the Commission was consid-              Right whales were brought to their precarious state
             ering the issues described above and in Chapters VII       by commercial whaling. In fact, the species' common
             and VHI to decide what if any additional actions are       name derives from the combination of factors that
             necessary to conserve polar bears and their habitat in     made it the "right" whale to kill. It was prized for
             Alaska and to ensure that the United States is meeting     the large quantity and high quality of its oil and
             its obligations under the International Agreement on       baleen; it occurred conveniently close to shore; it
             Conservation of Polar Bears.                               swam slowly; and when killed, it tended to float.
                                                                        Northern right whales were taken by Basque whalers
                        Northem Right Whale                             along the coast of southern Europe in the I lth century
                                                                        and were probably the first whale to be hunted regu-
                          (EuMmna gkwiaft)
                                                                        larly by a whaling industry. By the mid-1800s, they
                The northern right whale is the most endangered         were taken throughout their range in both the Atlantic
             large whale in the world. Remnant stocks survive in        and Pacific Oceans; by the early 1900s, all known
             both the North Atlantic and North Pacific Oceans.          stocks were commercially extinct and close to biologi-
             Worldwide, northern right whales may number fewer          cal extinction.
             than 400 animals. The closely related southern right           Although done belatedly, right whales were the
             whale (Eubalaena australis), which occurs only in the      first species to receive international protection from
             Southern Hemisphere and numbers a few thousand             conimercial whalers. Through the first International
             individuals, is probably the second most endangered
                                                                        Convention for the Regulation of Whaling, which
             of the great whales.
                                                                        entered into  force in 1935, a ban on the harvest of
                                                                        right whales was accepted by most whaling nations.
                The largest known stock of northern right whales
                                                                        The hunting ban was later carried forward by the
             occurs seasonally in coastal waters off the eastern        International  Whaling Commission under the 1946
             United States and Canada. Photo-identification studies
                                                                        International Convention for the Regulation of Whal-
             suggest that the northwest Atlantic stock numbers          ing and has been accepted by all whaling nations for
             perhaps 300-350 animals. In spring and summer,             several decades. Right whales also receive protection
             right whales are found regularly in certain waters
             from less than a mile to a few tens of miles off Cape      through their listing on Appendix I of the Convention
             Cod, Massachusetts, northern Maine, and southern           on International Trade in Endangered Species of Wild
                                                                        Fauna and Flora, their listing as endangered under the
             Nova Scotia. In winter, pregnant females and females
             with young of the year occur in waters within a few        U.S. Endangered Species Act, and their consideration
                                                                        as depleted under the U.S. Marine Mammal Protec-
             miles of the Georgia and northern Florida shores.          tion Act.
             Whether these are all of the pregnant females about to
             give birth and all females with young of the year and
             where the remainder of the population over-winters             Despite protection over the past 50 years, the
             are unknown. No such concentrations of right whales        number of right whales remains perilously low and it
             are known to exist in the eastern North Atlantic.          is not clear whether or at what rate their numbers may
                                                                        have increased (or decreased) in recent decades. The
                                                                        absence of any apparent signs of recovery may be
                Sightings of right whales in the North Pacific over     due, at least in part, to the very low levels to which
             the past 50 years are so few and so widely scattered       stocks were reduced and the species' inherently low

                                                                     51






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                reproductive capacity. Mature females typically bear        Preparation of a Right Whale Recovery Plan
                only a single calf every two to four years.
                                                                                Section 4 of the Endangered Species Act directs the
                   Recovery of at least some stocks probably has been       Secretaries of Commerce and the Interior to prepare
                retarded by human activities that have caused the           recovery plans identifying priority research and
                death and injury of individual animals and the degra-       management needs for listed endangered species that
                dation of essential habitats. Because of the extremely      would benefit from such planning. On several occa-
                small population levels, the premature loss of even a       sions, the Commission has recommended that the
                single animal can have a major effect on population         National Marine Fisheries Service prepare recovery
                recovery. In this context, data from right whale            plans for endangered whales, including right whales,
                strandings along the northwest Atlantic indicate that at    that occur regularly in U.S. coastal waters. As a part
                least ten animals have been killed over the past 20         of a favorable response in 1987, the Service constitut-
                years by collisions with large vessels or by entangle-      ed a Northern Right Whale Recovery Team and began
                ment in commercial fishing gear. Additional animals         work on drafting a recovery plan.
                killed by these causes may have gone unrecorded.
                There also is evidence that many other right whales             Although funding was not available to convene the
                have been injured. During 1991, an animal was killed        team before December 1988, the Service prepared a
                and washed ashore near the Florida-Georgia border.          preliminary draft plan and provided it to team mem-
                Although the whale was apparently killed by a colli-        bers for review in advance of its first meeting. At its
                sion with a vessel, wrapped around its tail was a large     initial meeting, the team concluded that the draft
                piece of gillnet that had been photographed on the          should be substantially modified and offered to draft
                animal a year earlier.                                      a recommended plan for Service consideration. The
                                                                            Service agreed. By early 1990, the team completed a
                   Right whales also may be affected by vessel traffic      recommended draft plan, which it provided I
                (including whale-watching trips) in ways that may not       Service. On 6 February 1990, the Service published
                cause direct physical harm. That is, vessel-related         a Federal Register notice requesting public and agenc
                noise and disturbance could alter normal behavior,          comments on the team's recommended draft plan.
                cause stress, and perhaps cause abandonment of
                preferred habitat. Right whales and their habitat also          The Commission, in consultation with its Commit-
                may be affected adversely by dredging and dredge            tee of Scientific Advisors, provided comments to the
                spoil disposal, exploration and development of off-         Service by letter of 22 March 1990. The Commission
                shore petroleum and hard mineral resources, oil spills,     noted that a number of statements, conclusions, and
                municipal outfalls, whale research, and perhaps other       recommended actions in the draft plan appeared
                human activities.                                           inappropriate or unjustified. For example, the plan
                                                                            concluded that the number of right whales had not
                   The Commission has supported several studies to          changed in the past 50 years even though a reliable
                improve understanding of the status of right whales         basis for estimating the size or trends of the popula-
                (see, for example, Appendix C, Winn 1984, Winn et           tion prior to 1970 did not exist.
                al. 1985, and Brownell et al. 1985) and to help
                identify needed research and management activities              In addition, the goals and task statements in the
                (see, for example, Appendix B, Kraus 1985 and the           recommended draft plan were not developed in a way
                Georgia Conservancy 1986). In 1991, the Commis-             that offered clear guidance concerning needed actions.
                sion continued its efforts in this regard. As noted in      For example, the plan suggested that $5,000 per year
                Chapter IX, the Commission provided partial support         could usefully be spent to ensure that the ban on
                for a study of right whale behavior, including reaction     commercial taking of right whales is maintained
                to vessel traffic, using airships as observation plat-      despite the fact that the ban has been universally
                forms. Other recent activities are discussed below.         accepted by all whaling nations for several decades.
                                                                            No explanation was provided regarding work that the
                                                                            team thought needed to be done. The Commission

                                                                         52






                                                                                           Chapter 11 - Species of Special Concem


             therefore recommended that the draft plan be refor-          April, noting   that it believed the November 1990
             matted and substantially revised. In this regard, the        revision placed too much emphasis on research and
             Commission developed and attached to its comments            that information was sufficient to begin management
             a revised outline of research and management tasks.          actions. The Service advised the Commission that it
                                                                          was drafting another version that would be sent to the
                In light of comments by the Commission and                Recovery Team in the first week of May for a ten-day
             others, the Service decided that the recommended             review. It also stated that it did not believe another
             draft plan should be revised.         Ile Commission         public comment period was warranted.
             subsequently offered to assist the Service in this
             effort, and the Service agreed. The Commission                   By July, the Commission had not been advised of
             completed a suggested revised draft plan in the fall of      any further efforts to complete or adopt the recovery
             1990, taking into account its earlier comments as well       plan. On 12 July 1991, the Commission requested
             as those of others. The Commission and its Commit-           information on the status of efforts to complete the
             tee of Scientific Advisors reviewed the revised draft        plan and what the Service proposed to include in it.
             plan and, by letter of 21 November 1990, forwarded           Ile Service's 18 October 1991 reply noted that it was
             it to the Service. In its letter, the Commission noted       sending the plan to its regional offices and science
             that the revision addressed most of the comments on          centers for review, after which it would be submitted
             the recommended plan. Because it included a number           to the Service's Director for approval. The letter did
             of substantive changes, however, the Commission              not indicate what actions were called for in the plan or
             suggested that, if the Service were to put forward the       when it would be submitted for approval.
             revised draft plan, it should be circulated for agency
             and public review as the Service's proposed plan.                Inasmuch as the Service provided no comments on
                                                                          the provisions recommended by the Recovery Team
                Among other points, the revision identified steps to      when it circulated the initial recommended plan and it
             monitor right whale occurrence and habitat use               has not announced publicly its views as to appropriate
             patterns in known high-use areas; improve the salvage        research and management measures, it is not clear
             and necropsy program for right whales; develop and           what the Service contemplates including in the right
             implement area, season, gear, and/or other fishing           whale recovery plan.
             restrictions in important right whale habitat areas;
             establish public awareness programs to advise vessel
             operators of ways to reduce the likelihood of vessel-        Critical Habitat for Right Whales
             w
                ale collisions in areas where right whales occur          in the Northwest Atlantic
               h
             most frequently; consider vessel speed restrictions in
             areas where right whales occur frequently; establish             Certain coastal waters off the eastern United States
             interim whale-watching regulations setting forth             and Canada are used seasonally by a significant
             allowable approach distances for right whales; limit         portion of the right whale stock in the western North
             approval of research permit applications involving           Atlantic Ocean. Five key areas have been document-
             right whales to studies that would further the objec-        ed over the past ten years, three of which occur in
             tives and provisions of the approved right whale             U.S. waters: (1) nearshore waters within 10 to 15
             recovery plan or involve other essential research            miles of the coast of southern Georgia and northern
             whose expected results would outweigh likely adverse
                                                                          Florida (a calving ground and nursery area used
             effects on the whales; and designate critical habitat for    between January and March); (2) Cape Cod Bay and
             right whales.                                                Massachusetts Bay (a feeding area often used by cow-
                                                                          calf pairs as well as others in March and April); and
                The Service did not respond to the Commission's           (3) the Great South Channel, 40 to 60 miles east of
             suggestions and, on 13 March 1991, the Commission            Cape Cod (a feeding and migratory corridor for a
             asked to be advised of the steps and schedule that the       substantial number of right whales in May and June).
             Service would follow to complete, adopt, and imple-
             ment a final recovery plan. The Service replied on 25

                                                                       53






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                   The two areas in Canadian waters are in the lower         seasonally each year by a substantial percentage of the
                Bay of Fundy near the U.S.-Canadian border (a                remaining right whale population and/or by a vital
                feeding and nursing area for cow-calf pairs from July        stock component (e.g., cow-calf pairs). It also noted
                to November) and near Browns Bank, 25 miles                  that each area appeared to meet established criteria for
                southeast of southern Nova Scotia (a feeding and             designating critical habitat.
                mating area for adult and juvenile animals between
                July and November).                                              Ile Commission, therefore, recommended that the
                                                                             Service proceed with actions to propose and designate
                   On 12 July 1990, the National Marine Fisheries            as critical habitat all three areas identified in the
                Service published a Federal Register notice announc-         petition. The Commission also noted, however, that
                ing receipt of a petition from the Right Whale Recov-        the Commission-sponsored study did not fully evaluate
                ery Team asking that three right whale habitats in           data on right whale sighting effort and that such
                U.S. waters be designated as critical habitat under          analyses might justify designating additional areas
                section 4 of the Endangered Species Act. The petition        adjacent to the petitioned boundaries. Therefore, the
                identified proposed boundaries and briefly discussed         Commission also recommended that the Service
                why each area was important. The Service's notice            evaluate effort data associated with right whale
                stated that, within 12 months, it would conduct a            sightings to determine if additional adjacent areas also
                review to determine if the requested action was              merit designation. In recommending the additional
                warranted. To help with the review, the Service              analysis, the Commission noted that it should in no
                asked for comments on the petitioned action and other        way delay action to designate the areas already
                relevant information or publications.                        identified.

                   Based on a review of the notice and petition, the             On 18 October 1991, the Service advised the
                Commission Concluded that there appeared to be               Commission that an environmental assessment was
                sufficient grounds for designating critical habitat in       being written to accompany a proposed rule to desig-
                each area.    However, a synthesis and analysis of           nate critical habitat and that it expected to publish the
                information on right whale sighting data and special         proposed rule in January 1992.
                management considerations had not been developed to
                properly evaluate the merits of designating the three        Right Whale Statw Review
                areas as critical habitat. The Commission, therefore,
                contracted for a study to synthesize and evaluate                Section 4(c)(2) of the Endangered Species Act
                relevant information according to criteria established       requires that, at least once every five years, a review
                by the Service for designating critical habitat. On 26       of listed species be conducted to determine whether
                September 1990, the Commission wrote to the Service          changes in their listing status are warranted. In June
                noting its views on the petitioned action and advising       1991, the Service completed a status review of endan-
                that it had contracted for a synthesis of relevant           gered whales, including right whales and, on 27 June,
                information to help evaluate the petition. The Com-          it published a Federal Register notice requesting
                mission also provided the Service with copies of             comments.
                relevant reports prepared for the Commission.                    The Service's review concluded that right whales
                   In May 1991, the Commission and its Committee             were the most severely depleted and least abundant of
                of Scientific Advisors accepted a final contract report      all large, whale species. In the eastern North Pacific,
                entitled "Information on Right Whales (Eubalaena             the review noted, no more than seven animals had
                glacialis) in Three Proposed Critical Habitats in U.S.       been sighted over the past 25 years in spite of consid-
                Waters of the Western North Atlantic Ocean" (see             erable effort to locate them in areas where they once
                Appendix B, Kraus and Kenney 1991). By letter of             were common. Regarding right whales in the western
                31 May 1991, the Commission forwarded the report             North Atlantic, the Service cited two recent population
                to the Service. In its letter, the Commission noted          estimates that were in close agreement with each
                that the analysis indicated that all three areas are used    other.   One placed the population size at 71-333

                                                                         54






                                                                                               Chapter H -. Species of Special Concem


             animals (with a coefficient of variation of 0.26 to              take of up to three animals annually by residents of
             0.32); the other estimated a population of 350 ani-              those islands (see Chapter IV).
             mals. In the eastern North Atlantic, only five right
             whale sightings have been reported in the past 30                   At least three of thirteen recognized humpback
             years. If the animals sighted are remnants of the                whale stocks are found seasonally in U.S. waters.
             former eastern stock, the stock would appear to be               These are the western North Atlantic, the eastern
             nearing extinction. If they are stragglers from the              North Pacific, and the central North Pacific stocks.
             western stock, the eastern stock may already be                  The primary threats to the species differ among the
             extinct.                                                         regions, but they generally are related to noise,
                                                                              disturbance, and collisions associated with vessel
                 Regarding right whales in the Southern Hemi-                 traffic, offshore oil and gas development, whale-
             sphere, the review reported that separate southern               watching activities, water sports, coastal development,
             right whale stocks off South Africa, western Australia,          and commercial fishing. Other effects associated with
             and Argentina have been estimated to have increased              commercial fishing may include entanglement in
             over the past two decades at annual rates of 6.8                 fishing gear and depletion of prey resources.
             percent, 11.7 to 13 percent, and 7.6 percent, respec-
             tively.                                                          Preparation of a Humpback Whale
                                                                              Recovery Plan
                 On 31 July 1991, the Commission provided com-
             ments on the status review. Among other points, the                 In 1984 and again in 1986, the Marine Mammal
             Commission noted that the regulations listing right              Commission recommended that the National Marine
             whales as endangered did not recognize northern right            Fisheries Service prepare recovery plans for hump-
             whales and southern right whales as separate species.            back whales, right whales, and other endangered
             It therefore recommended that a technical amendment              whales that occur in U.S. waters. In response to
             be made to correct the listing. The Service agreed               these recommendations, the Service constituted a
             and, by letter of 14 November 1991, it advised the               Humpback Whale Recovery Team in July 1987 to
             Commission that, in cooperation with the Fish and                assist in preparing a recovery plan. In 1989, work on
             Wildlife Service, it was proceeding to amend the                 the draft plan was completed and, on 16 October
             regulations to list both species as endangered.                  1989, the Service circulated the draft for agency and
                                                                              public review.

                             Humpback Whale                                      The Commission, in consultation with its Commit-
                        (Megaptera novaeangUae)                               tee of Scientific Advisors, reviewed the draft plan and
                                                                              provided comments to the Service on 30 November
                Humpback whales occur in all the world's oceans.              1989. The Commission noted that the document did
             They range seasonally from the tropics to the polar ice          not identify needed research and management tasks in
             caps and may be found in both coastal and open ocean             sufficient detail to effectively guide development of
             areas.. All populations were so severely reduced by              recovery activities and that problems were sufficiently
             commercial whaling that the International Whaling                different among the regions in which the populations
                                                                              occur to merit independent recovery programs for
             Commission (IWC) banned exploitation of the species              each region. Therefore, it recommended that the plan
                                                                  gnated
             in 1966. In 1970, humpback whales were desi                      outline and narrative be restructured and expanded to
             as endangered under the U.S. Endangered Species
             Preservation Act, a designation that was carried                 provide a clearer indication of the specific research
                                                                              and management actions necessary to rebuild each of
             forward under the Endangered Species Act of 1973.                the separate stocks in U.S. waters and that detailed
             The only direct take of humpback whales presently                implementation plans be developed for each stock.
             authorized is a few animals taken for subsistence
             purposes by residents of St. Vincent and the Grena-
             dines. Present quotas adopted by the IWC allow the


                                                                          55






               MARINE MAMMAL COMMISSION - Annual Report for 1991


                  On 18 May 1990, the National Marine Fisheries             Humpback Whales in Alaska
               Service acknowledged receipt of the Commission's
               comments and noted that a revised draft recovery               During summer, part of the central North Pacific
               plan, incorporating reviewers' comments, had been            stock of humpback whales feeds in the coastal waters
               distributed to the Recovery Team in preparation for its      of southeastern Alaska, including Glacier Bay. The
               23-24 May 1990 meeting in Seattle, Washington.               bay lies entirely within the Glacier Bay National Park
               Following the meeting, an implementation schedule            and Preserve, an area administered by the National
               with cost estimates and task priorities was completed        Park Service. In 1978 and 1979, the occurrence of
               and circulated for public and agency review. By early        humpback whales in Glacier Bay declined significantly
               1991, it was not clear what was being done to com-           from previous years, and it was believed that in-
               plete, adopt, and begin implementing the recovery            creased tour boat and other vessel traffic may have
               plan and the Commission asked to be advised of the           caused or contributed to their reduced numbers.
               status of the recovery plan and implementation sched-
               ule. The Service replied on 25 April 1991, noting               As described in previous Annual Reports, the
               that the Recovery Team had reviewed all the com-             Commission, in cooperation with the National Park
               ments submitted on the draft plan, incorporated those        Service and the National Marine Fisheries Service,
               comments as appropriate, and submitted a recom-              convened a meeting of scientists in October 1979 to
               mended final plan that was awaiting clearance by the         review available data related to whale use of the bay,
               directors of the Service's regional offices.                 identify possible causes of the regional shift in whale
                                                                            distribution, and identify research needed to better
                  On 16 September 1991, the Commission sent the             assess and determine possible causes. In addition, the
               Service the final report of the contract study on the        National Park Service undertook consultations with
               conservation and protection of humpback whales in            the National Marine Fisheries Service pursuant to
               Hawaii (see Appendix B, Townsend 1991). The                  section 7 of the Endangered Species Act to identify
               purpose of the study was to help       idevelop specific     measures necessary to protect humpback whales and
               recommendations for protecting humpback whales in            their habitat in Glacier Bay.
               Hawaiian waters. The study report, which examined
               conservation issues and management actions related to           As a result of the meeting and consultations, the
               a number of activities including whale watching,             National Park Service initiated a multi-year research
               water sports, scientific research, and military activi-      program in 1980 to assess factors affecting humpback
               ties, illustrated the importance of addressing recovery      whale distribution in Glacier Bay and adjacent waters.
               actions on a regional basis. Therefore, in its letter        It also promulgated temporary regulations to reduce
               sending the report to the Service, the Commission            the number of large commercial tour ships and
               recommended that, when the humpback whale recov-             smaller recreational vessels that could enter the bay.
               ery plan is completed, the Service immediately take          The regulations established entry limits at levels
               steps to develop area-specific implementation plans to       permitted in 1976, which was the last year before
               address implementation needs peculiar to each region-        humpback whale use of the bay declined significantly.
               al population.                                               These regulations were modified and reissued annually
                                                                            until 1985, when the National Park Service adopted
                  The final recovery plan was approved and adopted          permanent regulations. The permanent regulations
               by the National Marine Fisheries Service on 14               established a permit system for vessel entries, prohib-
               November 199 1; it is to be distributed to agencies and      ited fishing for certain humpback whale prey species
               interested organizations in 1992. The Marine Main-
                                                                            in the bay, and provided for the designation of "whale
               mal Commission will review the final plan to deter-          waters" where special vessel operating procedures
               mine what flirther steps should be taken to develop          apply to minimize possible disturbance of whales.
               cooperative regional implementation programs.




                                                                        56






                                                                                          Chapter H - Species of Special Concern


                During consultation with the National Park Service       and Preserve Humpback Whale Population Monitoring
            in  1983, pursuant to section 7 of the Endangered            Data - 1990."        The Service's letter advised the
            Species Act, the National Marine Fisheries Service           Commission that it planned to consider modifying its
            advised that an increase in vessel traffic in Glacier        regulations in ways that could result in an increase in
            Bay above the 1976 level could jeopardize the south-         cruise ship entries above the current limit of 107
            east Alaska stock of humpback whales. It therefore           entries. In this regard, the Service stated that it had
            recommended that, if cruise ship entries were to             determined that the best approach for managing vessel
            exceed more than 20 percent of the 1976 level,               use in the bay would be to develop a vessel man-
            section 7 consultation should be re-initiated.               agement plan and establish a citizen's steering group
                                                                         to provide input to its development.
                Since promulgation of its temporary regulations in
            1980, the National Park Service has gradually in-               The Commission subsequently received a copy of
            creased the number of vessels permitted to enter the         the "Glacier Bay National Park and Preserve Vessel
            bay during the summer whale season. In 1988,,the             Management Plan - Workbook I" and the "Environ-
            number of permitted entries for cruise ships reached         mental Assessment on Regulations Regarding Fisher-
            107 entries, which was 20 percent above the 1976             ies in Glacier Bay National Park," both dated May
            level and the maximum level allowed without re-              199 1. On 18 July 199 1, the Commission wrote to the
            initiating consultation and amending existing National       Service expressing its understanding that the Service
            Park Service regulations. In 1989, the National Park         planned to maintain vessel entry levels for the 1991
            Service considered authorizing more than 107 entries         whale season in Glacier Bay at 107 entries. With
            but, decided not to do so, and maintained the cruise         regard to developing a vessel management plan, the
            ship entry level at 107.                                     Commission noted that, if new regulations are con-
                                                                         templated that could authorize an increase in vessel
                In 1990, however, the National Park Service autho-       entries above current limits, consultations with the
            rized 109 vessel entries, which exceeded the maxi-           National Marine Fisheries Service pursuant to section
            mum level recommended by the National Marine                 7 of the Endangered Species Act should be re-initiat-
            Fisheries Service and authorized under National Park         ed. To ensure that such consultations are carried out
            Service regulations. In response, the Alaska Wildlife        effectively, the Commission recommended that the
            Alliance filed a complaint alleging that the National        National Park Service informally consult with the
            Park Service had not followed applicable procedures          National Marine Fisheries Service before circulating
            in authorizing the additional entries, that it had           any draft vessel management plan for public review
            exceeded the maximum allowable number of entries             and append the results of those consultations to the
            established by regulations, and that it had violated the     draft plan circulated for review.
            National Environmental Policy Act by not preparing
            a supplemental environmental assessment (see Chapter            By letter of 18 September 1991, the National Park
            VII). The plaintiffs also alleged that the National          Service responded, indicating that it agreed with the
            Park Service was impermissibly allowing commercial           Commission's recommendations. It also noted that it
            fishing operations in the Glacier Bay National Park          would provide the Commission with copies of the
            and Preserve. Parties to this lawsuit met early in           draft vessel management plan and the results of
            1991 to begin negotiating a settlement. At the end of        consultations with the National Marine Fisheries
            199 1, the parties had, with judicial consent, suspended     Service when they were completed. At the end of
            proceedings pending completion of negotiations.              1991, the Commission had not yet received a draft
                                                                         plan.
                In 1991, the National Park Service again limited
            cruise ships to 107 vessel entries. However, the                Also during 1991, the National Park Service
            Service also initiated steps to consider a new system        published a proposed rule in the Federal Register to
            for regulating vessel entries. By letter of 15 February      amend its regulations regarding commercial fishing in
            1991, the National Park Service forwarded to the             Glacier Bay. The action was taken to allow commer-
            Commission copies of the "Glacier Bay National Park          cial fishing to continue to be exempt from a current

                                                                     57






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                nationwide prohibition of such activities within            which the Park was established; and, (3) before
                national parks. The proposed rule, published on 5           publishing a final rule, circulate information on the
                August, would allow commercial fishing to continue          anticipated level and possible effects of commercial
                in the bay until 31 December 1997 to allow existing         fishing in the Park for public review and comment.
                fishermen time to amortize their investments by phas-
                ing out or relocating elsewhere. In support of its             At the end of 1991, the National Park Service had
                proposed rule, the Service noted that commercial            not yet published a final rule on commercial fishing
                fishing had occurred in Glacier Bay since before it         within Glacier Bay National Park.
                was designated a national monument in 1925.
                                                                            Humpback Whales in Hawaii
                   On 8 November 1991, the Commission, in consul-
                tation with its Committee of Scientific Advisors on            Hawaii is the principal calving ground of the
                Marine Mammals, provided comments to the Service            central North Pacific stock of humpback whales.
                on the proposed rule and associated environmental           During 1991, the Sanctuaries and Reserves Division
                assessment. It noted that, notwithstanding the nation-      of the National Oceanic and Atmospheric Administra-
                wide prohibition on commercial fishing in national          tion's National Ocean Service considered a possible
                parks, the proposed rule leaves open the possibility of     national marine sanctuary designation in Hawaii that
                an indefinite extension of authorization to permit          could enhance protection of humpback whales as well
                commercial fishing in the Park if the Service deter-        as other marine resources in Hawaii. Title III of the
                mines that the fisheries are compatible with objectives     Marine Protection, Research, and Sanctuaries Act of
                for conserving park resources. In this regard, the          1972 directs the Secretary of Commerce to designate
                Commission noted that the Service did not explain           marine sanctuaries to protect and manage areas of the
                why a seven-year period was chosen, how many                marine environment that are of national significance.
                vessels or what fisheries were involved, or why
                commercial fishermen could not shift their operations          The major goals of the National Marine Sanctuary
                elsewhere in a shorter period of time. Without such         Program, the group designated to carry out this
                information, the Commission noted that it was diffi-        directive, are to provide enhanced resource protection
                cult to determine how either the proposed rule or           through comprehensive and coordinated conservation
                alternative actions would affect park resources and         and management; support, promote, and coordinate
                commercial fishermen.                                       scientific research and monitoring related to the
                                                                            specific marine resources that sanctuaries are designat-
                   With respect to marine mammals, the Commission           ed to protect; enhance public awareness, understand-
                noted that eliminating commercial fishing within            ing, appreciation, and wise use of the marine environ-
                Glacier Bay could benefit humpback whales and other         ment; and, facilitate multiple use, to the extent com-
                wildlife that utilize the bay. Doing so would reduce        patible, with the primary objective of sanctuary
                vessel noise and disturbance, the risk of vessel-whale      resource protection.
                collisions, the potential for whales to become entan-
                gled in fishing gear, and the possibility of further           Proposals to designate a marine sanctuary to
                altering the Park's natural ecosystem. The Commis-          protect humpback whales in Hawaii also received
                sion also noted that the proposed rule addressed            extensive consideration in the 1970s and 1980s.
                subsistence fishing, which was prohibited by the 1980       However, actions to designate a sanctuary in Hawaii
                Alaska National Interest Lands Conservation Act.            were not taken. In 1990, Congress directed that the
                Therefore, the Commission recommended that the              Sanctuaries and Reserves Division study the feasibility
                Service: (1) reconsider its proposed rule to allow          of establishing a national marine sanctuary in the
                commercial fishing to continue within Glacier Bay           waters adjacent to Kahoolawe, the smallest of the
                National Park; (2) refrain from proceeding with a           main Hawaiian Islands. The purpose of the study was
                final rulemaking unless sufficient information became       to assess the contribution sanctuary management of
                available to support a finding that commercial fishing      the area might make to protecting the population of
                will not conflict with the values and purposes for

                                                                         58






                                                                                             Chapter 11 - Species of Special Concern


             humpback whales that use the waters around the                 marine sanctuary in Hawaiian waters would include
             island.                                                        the humpback whale as a component of a comprehen-
                                                                            sive sanctuary resource protection and management
                The waters surrounding Kahoolawe also are used              program design to complement other agency efforts.
             by a variety of other marine mammals. The island
             also is historically significant because of its use for           As noted above, the Commission contracted for a
             cultural and religious practices by native Hawaiians           study in 1990 to compile and evaluate information on
             and other Pacific islanders and as a seasonal camp for         the status of humpback whales in Hawaii and the steps
             fishing activities. It has been protected from develop-        being taken and needed to identify and avoid or
             ment and tourism by access restrictions imposed by             mitigate threats to the whales and their habitats in
             the U.S. Navy, which, over the past 40 years has               Hawaiian waters. Among other things, the contractor
             used the island for practice bombing. The waters               noted that several research groups conduct similar
             around the island are reported to contain significant          humpback whale studies and that the studies could be
             amounts of unexploded ordnance from past military              duplicative and disturb the whales. In this regard, the
             use.                                                           report noted that research goals need to be clarified
                                                                            and it recommended that annual research coordination
                In response to the Congressional directive, the             meetings be convened by the National Marine Fisher-
             Sanctuary and Reserves Division examined marine                ies Service.
             resources within three nautical miles of Kahoolawe
             and consulted with Federal and State agencies, includ-            By letter of 16 September 1991, the Commission
             ing the Commission, and the public during 1991. By             transmitted the contract report to the National Marine
             letter of 16 October 1991, the Hawaii Governor's               Fisheries Service and involved researchers. In its
             Office of State Planning informed the Sanctuaries and          letter, the Commission reiterated its earlier recom-
             Reserves Division that the State favored, among other          mendation that, when the humpback whale recovery
             things, "reconsideration of a single-species humpback          plan is completed, the Service immediately take steps
             whale sanctuary, the boundaries of which would                 to develop area-specific implementation plans. In this
             extend around all appropriate islands at a distance            regard, the Hawaiian implementation plan should
             which is scientifically justifiable, provided that such a      include research and related activities noted in the
             sanctuary is designated within three years," after             humpback whale recovery plan.
             which the term of the present Governor expires.
                                                                               In response to the Commission's recommendations,
                In December 1991, the Sanctuaries and Reserves              the National Marine Fisheries Service, in consultation
             Division released the results of its study. The study          with the Commission, developed and circulated terms
             report concluded that, although there is evidence of           of reference for a two-day research coordination
             biological as well as cultural and historical resources        workshop. On 20 December 1991, the Commission
             adjacent to Kahoolawe Island that merit further                wrote to the National Marine Fisheries Service
             investigation, information does not conclusively               offering to provide partial support for such a work-
             support a finding of special national significance that        shop and offering its views on the workshop's objec-
             warrants national marine sanctuary status.            The      tives. In the Commission's view, the purpose of the
             Division also concluded that there are, however,               workshop would be to facilitate communication
             additional marine areas within the Hawaiian archipela-         between researchers and management agencies,
             go that merit further consideration as possible compo-         identify critical research needs, and better coordinate
             nents of a multiple-site, multiple-resource national           efforts among investigators to avoid conflicts and
             marine sanctuary.      'Me report noted that further           unnecessary duplication of effort.
             investigation will be required to determine whether a
             finding of special national significance can be made              The workshop is scheduled to be held in Wailuku,
             regarding these resources, and that the Division will          Maui, Hawaii, on 23-24 January 1992 and will be co-
             continue these investigations in 1992. With regard to          sponsored by the Marine Mammal Commission, the
             the State's position, the report noted that a national         National Marine Fisheries Service, the University of

                                                                        59






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                Hawaii Sea Grant College Program, and Hale Kohola/          photographed with calves of the year during the
                Whaler's Village.                                           1991/1992 winter in Hawaii. Photographs of these
                                                                            females will be distributed to researchers in Alaska in
                   Also relevant to humpback whales in Hawaii are           order to estimate the numbers of females that were
                recent efforts to develop population models that would      seen in Hawaii with calves and that visited the sum-
                permit improved assessments of the status of the            mer feeding range with their calves during 1992. To
                central North Pacific stock, as well as other North         the extent possible, these results, along with previous
                Pacific Ocean stocks of humpback whales. Such               photographs of known female whales with calves will
                models require estimates of vital rates, including age      be used to develop preliminary estimates of calf/
                at maturity, reproductive intervals, adult mortality,       juvenile mortality and female reproductive intervals.
                and calf/juvenile mortality. Of these parameters,
                estimates of calf and juvenile mortality are the least      North Atlantic Humpback Whales
                well documented. In this regard, the report of a 1989
                International Whaling Commission workshop on                   In 1983, Stellwagen Bank, located north of Cape
                photographic identification techniques for whale            Cod and east of Boston, Massachusetts, was added to
                research noted that it might be possible to estimate        the site evaluation list for the National Marine Sanctu-
                humpback whale calf/juvenile mortality from photo-          ary Program. To help assess the merits and options
                graphs of individually recognizable mother-calf pairs       for designating the bank as a national marine sanctu-
                and other whales taken in calving and feeding areas.        ary, a series of public meetings was held in 1990. On
                                                                            8 February 1991, - the Sanctuaries and Reserves
                   To pursue this idea, the National Marine Mammal          Division published a Federal Register notice announc-
                Laboratory, in conjunction with researchers studying        ing a proposed rule for designating approximately 453
                humpback whales in the North Pacific, began organiz-        square miles of the bank and adjacent waters as the
                ing a series of workshops to compare photographic           Stellwagen Bank National Marine Sanctuary. The
                records of humpback whale mother-calf pairs from the        notice also announced the availability of a draft
                Hawaiian calving ground with records of female              management plan and a draft environmental impact
                whales photographed on the feeding grounds in               statement and requested public and agency comments.
                Alaska. The objectives of the workshops were to
                estimate calf/juvenile mortality and female humpback           On 9 April 1991, the Commission, in consultation
                whale reproductive intervals using photographs.             with its Committee of Scientific Advisors on Marine
                                                                            Mammals, responded. In its comments, the Commis-
                   The first workshop, supported in part by the             sion noted that the proposed designation would affect
                Marine Mammal Commission, was held 20-23 No-                a variety of fish, seabirds, and marine mammals,
                vember 1991 in Seattle, Washington (see Chapter IX).        including five species of endangered whales (i.e.,
                It focused on cataloguing photographs taken by              humpback, right, fin, blue, and sei whales). Given
                researchers in Hawaii, Alaska, California, Mexico,          the information on the importance of Stellwagen Bank
                Canada, and Japan, and identifying possible data            as a feeding and nursing area for humpback, fin, and
                biases. The workshop participants concluded that,           minke whales, and because right whales also migrate
                while there was sufficient information to develop           through the area seasonally, the Commission con-
                preliminary estimates of humpback whale calf/juvenile
                                                                            cuffed with the Division's determination that this area
                mortality and female reproductive intervals, such           is nationally significant and warrants designation as a
                analyses could be biased. Possible sources of bias          national marine sanctuary. The Commission recom-
                identified by the participants included, among other
                                                                            mended that the Division proceed with efforts to draft
                things, calves that died after they were photographed       and implement the associated sanctuary management
                but were presumed to be alive during the season, and        program.
                calves that were alive but were missed by researchers.
                                                                               The Commission also noted, however, that the
                   A second workshop is planned for April 1992 to           proposed action did not thoroughly identify or assess
                compile lists of female humpback whales that were           possible effects and management needs related to

                                                                        60






                                                                                            Chapter H - Species of Special Concem


             commercial and recreational fishing. With respect to          funds at the outset to help support project administra-
             humpback whales and other whales, such activities             tion costs (see Chapter IX).
             could result in disturbance, possible area avoidance by
             whales, incidental taking, entanglement in lost or
             discarded fishing gear, and the depletion of available                         Bowhead NftWe
             food for marine mammals and other species. There-                            (Baldena mysficelus)
             fore, the Commission recommended that: (1) the
             environmental impact statement be expanded to
                                                                               Bowhead    whales historically occurred throughout
             include a more thorough description of the possible
                                                                           the seasonally ice-covered areas of the arctic and sub-
             direct and indirect effects of commercial and recre-          arctic region.      Over-exploitation by commercial
             ational fishing on marine mammals and other species;
                                                                           whalers between 1600 and 1900 severely depleted all
             and (2) the sanctuary designation document be ex-             four recognized populations. The species is listed as
             panded to include commercial and recreational fish'
                                                                    mg     endangered under the Endangered Species Act and
             as an activity that could be subject to regulation if         depleted under the Marine Mammal Protection Act.
             new information indicates that existing management
             authorities are not providing the necessary level of          It also is classified as a protected stock by the Interna-
             site-specific protection needed.                              tional Whaling Commission (TWC).
                Ile Commission's comments and those of other                   The largest surviving population is the western
             reviewers were being considered by the Division at            Arctic population, which migrates seasonally between
             the end of 1991, and the final environmental impact           the Bering Sea and the Chukchi and Beaufort Seas.
                                                                           Recently bowhead whale calls were recorded in an
             statement and management plan is expected to be               area north of Scandinavia that was once populated by
             completed in 1992.                                            the Spitsbergen bowhead whale population. Although
                An additional effort initiated in 1991 bearing on          this population had been thought to be extinct, new
             humpback whales in the North Atlantic is the coopera-         evidence suggests it may still be extant. Populations
             tive research program entitled "Years of the North            exist in other areas as well, but information adequate
                                                                           to assess their status is not available.
             Atlantic Humpback Whale" (Project YONAH). This
             three-year project was developed to address questions         Eskhno Whafing
             concerning the discreteness of humpback whale stocks
             in the North Atlantic Ocean, the extent to which                  The western Arctic bowhead whale population is
             whales move between feeding areas, reproduction and           important to Alaska Natives who continue to hunt the
             mortality rates, and the status of the various hump-          whales for subsistence and cultural purposes. In the
             back whale stocks in the North Atlantic basin.                mid-1970s, the number of whales struck and landed or
                                                                           lost by Eskimo whalers increased (Table 7). The
                The project involves collaboration by researchers
             from seven nations to obtain and analyze photographs          increase was due to several factors, including an
             and biopsy samples from humpback whales throughout            increase in the number of whaling crews and restric-
                                                                           tions on the subsistence take of caribou. As jobs
             the North Atlantic. Sampling is scheduled to begin in         became available on the Alaska oil pipeline and as
             January 1992 on breeding grounds (Silver Bank,
                                                                           compensation claims on Native land rights were
             Navidad Bank, Samana. Bay, and Mona Passage) in               settled, more cash was available to purchase whaling
             the West Indies. Sampling is to continue in summer            equipment, which also contributed to the increased
             1992 at all known North Atlantic feeding grounds              amount of whaling.
             (i.e., the Gulf of Maine, Gulf of St. Lawrence, off the
             Atlantic coast of Newfoundland and Labrador, off                  At its June 1977 meeting, the IWC reviewed
             southwestern Greenland, around Iceland, and off               information on the status of the western Arctic bow-
             Norway). Sampling will be continued in 1993 and
             final analyses are expected to be completed sometime          head whale population and the increasing take by
             in 1994. The Marine Mammal Commission provided                Alaska Eskimos. Concern that the increasing subsis-

                                                                        61






                 MARINE MAMMAL COMMISSION - Annual Report for 1991


                 tence take was jeopardizing the population prompted          landed rate was 66 percent. Based on this rate, at th
                 the IWC to eliminate its exemption under which               1991 meeting of the IWC, the United States asked fo
                 Natives were allowed to take bowhead whales and              a quota of 54 strikes per year for the years 1992,
                 other protected species for subsistence purposes. The        1993, and 1994 with no more than 41 whales landed
                 United States subsequently sought and achieved               in any year for the next three years (Table 7). Ile
                 reinstatement of the exemption, based largely on a           IWC adopted these proposed catch limits, along with
                 pledge by the U.S..Commissioner to the IWC that the          a provision to allow Natives to carry over a combined
                 United States would undertake a comprehensive                total of up to 13 unused strikes during the 1989,
                 research program to monitor the western Arctic               1990, and 1991 seasons.
                 bowhead whale population's status and trends.
                                                                                 The Alaska Eskimo bowhead whale hunt is regulat-
                    In 1982, the IWC adopted a new paragraph, 13(a),          ed by the Alaska Eskimo Whaling Commission
                 to its Schedule of Regulations setting forth principles      pursuant to a memorandum of understanding signed in
                 and guidelines for establishing catch limits for aborigi-    1981 by the Commission and the Department of
                 nal/subsistence whaling. The new measure formally            Commerce. The memorandum has been renewed
                 recognized the distinction between commercial and            annually, and the number of whales struck, landed,
                 aboriginal/subsistence whaling. It also codified the         and lost by Alaska Natives has been consistent with
                 IWC's past practice of attempting to strike a balance        the quotas established by the IWC.
                 between the subsistence, cultural, and nutritional
                 needs of aboriginal people and the need to protect              In August 1991, the Minister of Fisheries and
                 affected whale stocks. Specifically, the new para-           Oceans of Canada approved a license for the take of
                 graph states that "[Flor stocks below the maximum            one bowhead whale by the western Arctic Native
                 sustainable yield (MSY) level but above a certain            community of Aklavik. Canada, which is not a mem-
                 minimum level, aboriginallsubsistence catches shall be       ber of the IWC, did so without consulting the 1WC.
                 permitted so long as they are set at a level which           The Inuvialuit Natives subsequently struck two
                 allows. the whale stock to move to the MSY level."           bowhead whales, one of which was landed. Absent
                 Allowable catch levels established by the IWC are            consultations with the IWC, Canada's action could be
                 based on advice from its Scientific Committee and are        viewed as "diminishing the effectiveness" of the
                 implemented by the member nations.                           IWC's conservation program and grounds for certifi-
                                                                              cation under relevant U.S. laws - the Pelly Amend-
                   To help implement the new measure, the U.S.                ment to the Fishermen's Protective Act (22 U.S.C. ï¿½
                 Department of the Interior began to develop a quanti-        1978) and Packwood-Magnuson Amendment to the
                 tative procedure for determining the nutritional,            Magnuson Fishery Conservation and Management Act
                 subsistence, and cultural needs of Alaska Eskimos for        (16 U.S.C. ï¿½ 1821(e)(2)).
                 bowhead whales. The procedure multiplied the mean
                 annual number of bowhead whales landed per capita               In response to U.S. concerns, the Canadian Am-
                 during the period (1910-1969) by the current size of         bassador wrote to the U.S. Secretary of Commerce on
                 the Eskimo population in nine Alaska Native whaling          30 September 1991 stating that a committee of offi-
                 villages. Based on data available in 1983, the cultural      cials from various Canadian Government departments
                 need for bowhead whales was established at 26                would review the issues arising from the Inuvialuit
                 animals landed per year. This estimate was revised in        bowhead whale hunt, including the Canadian Govern-
                 1988 to a take of 41 whales landed per year, based on        ment's position Ws-a-Ws the IWC. Because of the
                 new data from additional research on past cultural           implications of the Canadian hunt for the conservation
                 needs in the nine Alaska Native whaling villages.            of bowhead whales, the Marine Mammal Commission
                                                                              wrote to the U.S. IWC Commissioner on 5 December
                   The United States subsequently requested and               199 1. In its letter, the Marine'Mammal Commission
                 received an annual quota of 41 whales landed or a            recommended that, notwithstanding the need for an
                 maximum of 47 whales struck for the years 1989,              investigation of the circumstances surrounding the
                 1990, and 1991. During that period the struck-and-           issuing of the Canadian license, the Secretary certify

                                                                          62






                                                                                               Chapter H - Species of Special Concern

             th G ermnent of Canada under the Pelly Amend-                   9 years); age at recruitment into the exploitable
               e ov
             ment for diminishing the effectiveness of the IWC's             population is from 1 to 7 years; the average calving
             conservation program.        At the end of 1991, the            interval is probablyb about 4 years; the proportion of
             United States was continuing informal discussions               immature animals in the population is 0.44 to 0.65,
             with representatives of the Canadian Government, and            which is indicative of a recovering population; and the
             no action had been taken on the recommendation.                 net rate of population increase for the period 1978 to
                                                                             1988 was 3.1 percent per year.
             Industry/Native Agreement
                                                                                The Scientific Committee estimated that, in 1988,
                Seismic surveys and other activities associated with         the western Arctic bowhead whale population num-
             offshore oil and gas exploration and development may            bered approximately 7,500 animals (95 percent
             affect the movement and behavior of bowhead whales              confidence interval of 6,400 to 9,200 animals). The
             during their migrations. These in turn may affect the           initial pre-exploitation (1848) population was estimat-
             Alaska Eskimo spring and fall bowhead whale hunts               ed to have numbered 12,400 to 18,200 animals.
             as well as the whales themselves. Hunters may have              Although the Scientific Committee was unable to
             to travel greater distances to find whales, thereby             define the maximum sustainable yield (MSY) level, it
             increasing the risk that they may be injured or killed          concluded that the current depletion level (cur-
             or unable to bring the whales killed back to their              rent/historic population size) is likely between 0.44
             villages.   To avoid such possibilities, the Alaska             and 0.65 and that the stock, therefore, may be closer
             Eskimo Whaling Commission and certain oil compa                 to its MSY level than previously thought. In addition,
             nies engaged in activities on Alaska's North Slope              the Scientific Committee estimated that from 1978 to
             entered into a cooperative agreement in 1986 calling            1988, the population increased at an average of 3.1
             upon the industry to assist with towing whales killed           percent per year (95 percent confidence interval 0. 1 to
             by Native hunters to a suitable butchering site to              6.1 percent per year).
             prevent meat from spoiling; cache emergency sup-
             plies, such as gasoline and food, at selected sites for            Assuming no dramatic changes in the enviromnent
             use by Native subsistence hunters; provide emergency            or in the age composition of the catch, the Scientific
             assistance to hunters during adverse weather condi-             Committee estimated that the annual replacement yield
             tions; assist with the transport of whale meat and              (i.e., the number of animals that could be replaced by
             muktuk to prevent spoilage and maximize utilization;            population growth if taken from this population)
             and specify actions that industry planes and vessels            would be 254, with 92 whales being the lower bound
             would take to avoid interfering with ongoing whaling            of the estimate's 95 percent confidence interval. The
             activity. The agreement was approved by the Nation-             Scientific Committee concluded that the expected
             al Oceanic and Atmospheric Administration and has               Native subsistence kills of 41 to 54 whales per year,
             been renewed annually.                                          by themselves, should not prevent recovery of this
                                                                             stock. It noted, however, that other factors (e.g.,
             Current Population Status                                       environmental change, pollution, noise disturbance
                                                                             from offshore oil and gas resource development, etc.),
                In May 1991, the IWC's          Scientific Committee         combined with the subsistence take, could have
             undertook a comprehensive assessment of the western             cumulative effects that might prevent or delay the
             Arctic bowhead whale population. The Committee                  stock's recovery.
             reviewed the results of recent and ongoing photogram-
             metric studies, ice-based censuses, subsistence catch-             The Scientific Committee noted that the distribution
             es, and carbon isotope baleen aging studies. In                 and known feeding areas of the western Arctic bow-
             combination, these results provided new information             head whale population include areas that have been,
             suggesting that: individual growth is slower, and age           and are likely to be, leased for oil, gas, and other
             at first parturition (i.e., female sexual maturity) is          mineral resource exploration and development.
             later, than previously thought (13-17 years instead of          Although a great deal of research has been undertaken
                                                                             to identify and assess the possible effects of such

                                                                         63






              MARINE MAMMAL COMMISSION - Annual Report for 1991




              Table 7. Quotas and Number of Bowhead Whales Taken by Alaska Eskimos, 1973 - 1991'


                                         IWC Quotas2                    Number Taken

                                                                          Struck               Percent
                                                                            But      Total     Struck
                            Year     Landings     Strikes    Landed         Ust      Struck    Landed
                            1973         (No Quotas)             37         to       47          79
                            1974         (No Quotas)             20         31       51          39
                            1975         (No Quotas)             15         28       43          35
                            1976         (No Quotas)             48         43       91          53
                            1977         (No Quotas)             26         82       108         24
                            1978         14          20          12         6        18          67
                            1979         18          27          12         15       27          44
                            1980         18         .26          16         18       34          47
                            1981         17          27          17         11       28          61
                            1982         17          27            8        11       19          42
                            1983         17          27            9        9        18          50
                            19W          -           43          12         13       25          48
                            1985                     26          11         6        17          65
                            1986                     26          19         9        28          68
                            1987                     32          22         9        31          71
                            1988         -           35          23         6        29          79
                            1989         41          44          18         8        26          69
                            1990         41          47          30         14       44          68
                            1991         41          44          27         17       44          61

                  Cited quotas provided by the International Whaling Commission, Cambridge, England; data on the number of whales taken provided
               2  by the National Marine Fisheries Service.
                  In establishing quotas for both landings and strikes, the International Whaling Commission stipulated that whaling should cease
                  whenever the number of whales landed or the number of strikes reached the specified number, whichever came first.
                  For the years 1984 through 1988, quotas were set for strikes only.


              activities, particularly the short-term response of       Research Planning and Coordination
              bowhead whales to noise associated with resource
              development, the potential long-term effects on the           The Marine Mammal Commission has played a
              whales and their habitat remain uncertain.        The     major role in planning and coordinating bowhead
              Scientific Committee, therefore, recommended that         whale research. Following the June 1977 meeting of
              "[R]egulatory agencies in the USA should expand           the International Whaling Commission mentioned
              efforts to monitor the status of the Bering-Chukchi-      earlier, the Marine Mammal Commission recommend-
              Beaufort Seas stock of bowhead whales to detect           ed that the National Marine Fisheries Service expand
              possible adverse effects of industrial/petroleum          its bowhead whale research program. As noted mi
              activities.                                               previous Annual Reports, the research plan subse-


                                                                    64






                                                                                         Chapter H - Species of Special Concem


             quently developed by the Service was judged inade-              In its 20 March 1989 letter commenting on the
             quate and, on 2 September 1977, the Commission              permit application for the Minerals Management
             convened a group of experts to critically review the        Service contract study, the Commission recommended
             plan. The Commission subsequently developed and,            that the National Marine Fisheries Service issue the
             on 14 September 1977, transmitted a recommended             permit with the condition that the funding agency (the
             research program to the Service. The Service modi-          Minerals Management Service) constitute a quality
             fled and adopted this plan and presented it at the          review board to review the proposed study design and
             December 1977 meeting of the IWC in support of the          recommend needed modifications.           A Scientific
             U.S. pledge to undertake a comprehensive research           Review Board was subsequently constituted and now
             and monitoring program. Also, the Bureau of Land            meets twice each year to review the results of the
             Management (which later relinquished authority over         preceding season's research and plans for the forth-
             offshore mineral resources to the Minerals Manage-          coming season. The board will meet in February
              ent Service) initiated a bowhead whale research            1992 to review the results of the 1991 season and the
             program in 1978 in response to consultations with the       plans for the program's final season in 1992.
             m

             National Marine Fisheries Service pursuant to section
             7 of the Endangered Species Act. At issue were the              Although bowhead whale research planning and
             possible effects of offshore oil and gas exploration and    coordination meetings were not held before the 1990
             development on bowhead whales and how best to               and 1991 research seasons, representatives of the
             address the matters.                                        National Marine Fisheries Service and the Service's
                                                                         National Marine Mammal Laboratory met in early
                 Between 1978 and 1981, the Marine Mammal                spring in Barrow, Alaska, with representatives of the
             Commission recommended and helped to organize               Minerals Management Service's contractor hired to
             research reviews and coordination meetings. The             conduct bowhead whale studies and with representa-
             meetings were designed to avoid duplication and to          tives of the Native community to organize and coordi-
             coordinate research being planned or supported by           nate the 1990 and 1991 research programs with the
             Federal agencies (p@icularly the Bureau of Land             Native hunt and other planned research.
             Management and the National Marine Fisheries
             Service) and other groups. By letter of 11 January              Research activities planned for spring 1992
             1982, the Marine Mammal Commission recommended              include aerial photogrammetric surveys directed by
             that the National Marine Fisheries Service's Alaska         the National Marine Mammal Laboratory staff, an ice-
             Regional Director assume responsibility for convening       based census directed by the North Slope Borough
             regular coordination meetings of all researchers and        staff, and continuation of sound playback studies
             sponsors before the start of each spring bowhead            supported by the Minerals Management Service.
             whale research season.                                      Disruptions resulting from these activities, by them-
                                                                         selves and in conjunction with noise and other distur-
                 In subsequent years, formal coordination meetings       bances from industry exploration for oil and gas
             were not always held. It was not clear that everything      resources off Alaska (see Chapter VIII), could affect
             necessary was being done to ensure that bowhead             the bowhead whale's spring migration past Barrow,
             whale studies continued to be well-designed and             Alaska, and the availability of bowhead whales for the
             properly coordinated. For example, a representative         Native subsistence hunt. Also, these programs could
             of Alaska's Native community raised questions during        result in mutual interference and inefficient use of
             the Commission's 1989 annual meeting in Monterey,           logistic support if not coordinated effectively. There-
             California, as to whether the objectives of a contract      fore, the National Marine Fisheries Service has
             study being supported by the Minerals Management            proposed a formal program coordination meeting for
             Service were realistic, given the described study           January 1992 to discuss research plans and field
             design, and whether this study would interfere with         requirements, aerial and ice safety procedures and
             other ongoing studies and adversely affect both the         communication, and geographic overlap between the
             whales and the annual subsistence hunt by Alaska            aerial surveys, the ice census, and the Native subsis-
             Eskimos.                                                    tence hunt.


                                                                     65






               MARINE MAMMAL COMMISSION - Annual Report for 1991


                    The National Marine Fisheries Service has lead               Ilere are two recognized stocks of gray whales
               U.S. responsibility for identifying, encouraging, and         - the western North Pacific (Korean) stock, which is
               coordinating research necessary to ensure that human          severely depleted, and the eastern North Pacific
               activities do not adversely affect bowhead whales or          (California) stock, which has recovered from severe
               their habitat. Ilerefore, in its 5 December 1991              depletion caused by over-exploitation.          Although
               letter to the U.S. IWC Commissioner (see Chapter              commercial hunting of both stocks is prohibited, the
               M, the Marine Mammal Commission recommended                   eastern North Pacific stock is subject to an annual
               that the Service undertake or cause to be undertaken          subsistence harvest in the Chukchi Sea.
               research called for by the IWC to monitor the status
               of this population and the effect of the subsistence              Each year, virtually the entire eastern North
               harvest on -its continuing recovery. The Marine               Pacific gray whale population migrates between major
               Mammal Commission also recommended that the                   summer feeding grounds in the Bering and Chukchi
               National Marine Fisheries Service develop a recovery          Seas and winter breeding grounds in the nearshore
               plan to guide research and recovery efforts for the           waters, bays, and lagoons of southern California, and
               western Arctic bowhead whale population.                      Baja California, Mexico. Following discovery of the
                                                                             principal breeding lagoons along the Pacific coast of
               SmaH-Take Exemption                                           Baja California by commercial whalers, the population
                                                                             was severely depleted in the 1850s and 1860s. A
                    On 18 July 1990, the National Marine Fisheries           second period of commercial whaling using factory
               Service published in the Federal Register a final rule        ships further depleted the stock in the early 1900s.
               authorizing the incidental, non-lethal take of six
               species of marine mammals, including the bowhead                  By 1946, when the International Convention for
               whale, with no specified limit on the numbers of              the Regulation of Whaling afforded the stock protec-
               animals that can be taken, incidental to oil and gas          tion from commercial whaling, gray whales were
               exploration activities in the Beaufort and Chukchi Seas       believed to number no more than a few thousand
               from 1990 to 1995. The Commission's comments on               animals. In 1970, additional protection was provided
               this rule and subsequent requests by industry groups          when the species was designated as endangered under
               for letters of authorization to take bowhead whales are       the Endangered Species Conservation Act of 1969, the
               described in Chapter VIH.                                     predecessor to the Endangered Species Act of 1973        1
                                                                             By virtue of this listing, the species is also considered
                    In 1992, the Marine Mammal Commission will               depleted under the Marine Mammal Protection Act.
               continue to review matters related to bowhead whales
               and advise the National Marine Fisheries Service, the             Since commercial whaling for gray whales was
               Minerals Management Service, and other involved               prohibited, the eastern North Pacific opulation has
                                                                                                                      p
               agencies and groups on further actions that may be            grown to approximately 21,000 animals and appears
               necessary to protect and encourage the recovery of the        to be still increasing. Past analyses suggested the pre-
               western Arctic bowhead whale population.                      exploitation population size was between 15,000 and
                                                                             24,000 animals. However, a more recent analysis
                                                                             suggests that the pre-exploitation level could have
                                   Gray NV]We                                been as high as 35,000 animals. In response to its
                           (Eschdchdus robushts)                             continuing recovery, the International Whaling Com-
                                                                             mission (1WC) in 1978 reclassified the eastern North
                                                                             Pacific gray whale from a protected stock to a sus-
                    The gray whale is the sole member of the family          tained management stock.         Since 1986, under a
               Eschrichtiidae. It breeds, feeds, and migrates primar-        subsistence quota set by the IWC, 179 gray whales
               ily in coastal waters of the continental shelf. its           have been taken annually by the Soviet Um-
               presence in nearshore waters exposes the gray whale
               to industrial, recreational, and other human activities       behalf of its Siberian Natives.
               throughout most of its range.


                                                                         66






                                                                                           Chapter 11 - Species of Special Concem


                 Despite its numerical recovery and evidence that         ducted at least once every five years to determine
            the population may be approaching carrying capacity,          whether any species should be removed from the list
            the gray whale's nearshore presence exposes it to             or reclassified as endangered or threatened.          The
            many threats from habitat degradation and direct              National Marine Fisheries Service conducted status
            physical harm resulting from human activities.                reviews of endangered whales, including gray whales,
            Commercial fishing, offshore oil and gas exploration          in 1984 and in 1990. The Service's 1984 review
            and development, commercial shipping, whale-watch-            concluded that a potential threat to the California gray
            ing, recreational boating, and military activity pose         whale population may be increasing industrial devel-
            threats to feeding, breeding, and migratory habitats          opment and vessel traffic in the calving lagoons and in
            essential to the survival of the species and to individu-     other vital habitats along the migration route and on
            al whales.                                                    the feeding grounds. After taking into account the
                                                                          considerable and continuing growth of the population,
            Comprehensive Assessment of Gray Whales                       the Service concluded that, although the population
                                                                          was no longer endangered, threats to critical feeding
                 As noted in the Commission's 1990 Annual Re-             and breeding areas and migratory corridors warranted
                  the IWC conducted a comprehensive assessment            its listing as threatened. The Service also concluded
            port,                                                         that the western North Pacific stock had not recovered
            of the status of the two extant gray whale populations
            at a special meeting of its Scientific Committee on 23-       and should remain listed as endangered.
            27 April 1990. Participants at the meeting concluded
            that, although recent sightings of gray whales in the             The National Marine Fisheries Service's 1990
            area suggest that the western North Pacific population        status review of endangered whales again noted the
            may be recovering slowly, it remains severely deplet-         numerical recovery of gray whales. It concluded,
            ed. They recommended that research be undertaken              however, that the California stock has recovered to
            cooperatively by the Soviet Union, Japan, the Repub-          near its original population size and is neither in
            lic of Korea, the People's Democratic Republic of             danger of extinction throughout all or a significant
            Korea, and the People's Republic of China to better           portion of its range, nor likely to become endangered
            determine the distribution, abundance, and possible           again within the foreseeable future.
            increase of the western North Pacific population.
                                                                          Proposal To Remove the Eastern
                 With regard to the eastern North Pacific (Califor-       North Pacific Gray Whale Population
            nia) population, the participants concluded that the          from the Endangered Species List
            best estimate of population size was a 1988 estimate
            of 21,113 animals (standard error 688). They also                 In light of the National Marine Fisheries Service's
            estimated that, between 1968 and 1988, the population         1990 status review, the Northwest Indian Fisheries
            had increased at an average annual rate of 3.2 percent        Commission petitioned the Service on 1 March 1991
            (standard error 0.5 percent), despite an average annual       to remove the eastern North Pacific population of gray
            Soviet subsistence catch of 166 whales per year during        whales from the List of Endangered and Threatened
            this period. Recognizing the threats posed by coastal         Wildlife. The petitioners argued that the population's
            development and industrial activity, the participants         recovery to 21,113 animals and its continuing increase
            recommended that the responsible governments                  merited removal from the list.          The petitioners
            continue population censuses and initiate other studies,      claimed that leaving gray whales on the list subjected
            as necessary, to detect and monitor changes in produc-        users of living marine resources to unwarranted
            tivity and other key population parameters.                   restrictions and penalties and jeopardized the credibili-
                                                                          ty of the Endangered Species Act.
            Endangered Species Status Review
                                                                              On 15 July 1991, the Service sent the Commis-
                 Section 4(c)(2) of the Endangered Species Act re-        sion a draft Federal Register notice proposing to
            quires that a status review of listed species be con-         remove the eastern North Pacific gray whale popula-


                                                                      67






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                tion from the List of Endangered and Threatened                   On 22 November 1991, the National Marie
                Wildlife, while retaining the western North Pacific          Fisheries Service published a proposed rule in the
                population on the list as endangered. The draft notice       Federal Register to remove the eastern North Pacific
                cited information indicating that the eastern population     (California) population of gray whales from the List
                is equal to or greater than its historical stock size in     of Endangered and Threatened Wildlife. In its notice,
                1846, and the population has been increasing at a rate       the Service noted that the eastern North Pacific gray
                of 3.2 percent per year since the early 1960s. It also       whale population has recovered to near or above its
                noted that the western North Pacific population is           estimated pre-exploitation population size, or approxi-
                geographically isolated from the eastern population          mately 88 percent of its carrying capacity, and is
                and shows no signs of recovery.                              probably still increasing. In addition, the Service
                                                                             noted that a number of studies since 1984 suggest
                    On 21 August 1991, the Commission advised the            that, while cumulative impacts from oil and gas
                National Marine Fisheries Service that it agreed that        activities may affect the eastern North Pacific gray
                the eastern North Pacific gray whale population had          whale population, they are not likely to jeopardize the
                recovered to near its estimated historic size. It noted,     population's continued existence. It concluded that
                however, that the population occupies coastal waters         the population had recovered to near its estimated
                of four nations - the Soviet Union, Canada, the              original population size and was neither in danger of
                United States, and Mexico - and that ongoing and             extinction throughout all or a significant portion of its
                foreseeable human development in all four countries          range, nor likely to become endangered again within
                must be considered to accurately assess the possible         the foreseeable future.
                threats to the population and habitats critical to its
                survival. In this regard, the Commission pointed out             The proposed rule further noted that section 4(g)
                that, if the eastern North Pacific gray whale popula-        of the Endangered Species Act requires that, whenev-
                tion were removed from the endangered list, major            er a species has recovered to a point where protective
                Federal actions, such as oil and gas resource develop-       measures provided under the Act are no longer
                ment and coastal development, that could adversely           necessary, the Secretary must implement a system to
                affect gray whales and their habitats would proceed          monitor the status of that species for five years. The
                without benefit of Endangered Species Act section 7          proposed rule stated that, as part of its gray whale
                consultations, and that equivalent habitat protection        monitoring program, the National Marine Fisheries
                could not be achieved under the Marine Mammal                Service would create a panel of gray whale experts to
                Protection Act.                                              monitor activities potentially affecting gray whales,
                                                                             serve as a quick-response advisory team in the event
                    The Commission therefore recommended that the            of a catastrophic event affecting gray whales, recom-
                Service: (1) identify and assess present and foresee-        mend actions to mitigate any unforeseen catastrophic
                able threats to the principal breeding lagoons, feeding      events, including the reimposition of emergency
                grounds, and other areas of special biological impor-        protective measures, and, within six months following
                tance to the species; (2) explain why such threats are       the conclusion of the first five-year monitoring pro-
                no longer considered justification for a threatened          gram, conduct a comprehensive status review to
                designation, as the Service concluded in 1984; (3)           determine whether the monitoring program should be
                review all Biological Opinions issued pursuant to            continued and/or the gray whale population should be
                section 7 of the Endangered Species Act to determine         relisted under the Endangered Species Act.
                how removal from the list or down-listing gray whales
                to threatened status might affect implementation of              On 25 November 199 1, the National Marine
                identified reasonable and prudent alternatives or other      Fisheries Service replied to the Commission's 21
                conservation measures described therein; and (4)             August 1991 comments on the draft Federal Register
                describe the specific actions that the Service would         notice. The Service reaffirmed its view that, while
                take to ensure that human activities do not damage or        individual and cumulative impacts from human activi-
                degrade habitat essential to the population.                 ties throughout the range of the eastern North Pacific
                                                                             gray whale population may have the potential to ad-

                                                                         68






                                                                                        Chapter H - Species of Special Concern


            versely affect this population, such impacts were not       organized pod structure could make local groups
            likely to jeopardize its continued existence. The           vulnerable to adverse impacts.
            Service, therefore, believed that the population should
            be removed from the List of Endangered and Threat-              In the past, commercial whalers took some killer
            ened Species, not merely down-listed to threatened.         whales; however, exploitation was typically opportu-
                                                                        nistic and never large-scale. The most recent com-
                 At the end of 1991, the Marine Mammal Com-             mercial take of killer whales was by Soviet whalers in
            mission was reviewing and preparing comments on             the Antarctic in 1979-1980.
            the proposed rule to be sent to the Service early in
            1992. Based on its preliminary review, the Commis-              Since the early 1960s, killer whales also have
            Sion anticipates recommending that the eastern North        been taken live for public display in oceanaria and
            Pacific gray whale population be down-listed to threat-     zoos. Killer whales were taken for this purpose from
            ened rather than being removed from the list unless         coastal waters of British Columbia and Puget Sound
            the National Marine Fisheries Service can (1) provide       from 1962 to 1976. A permit to take killer whales in
            assurances that habitat degradation and destruction do      Alaska waters for public display was issued in 1983.
            not present significant threats to the survival of the      In response to a lawsuit, however, the permit was
            population, (2) develop and undertake a program to          ruled invalid in 1985 because it had not met require-
            effectively assess and monitor essential habitat, as        ments of the National Environmental Policy Act. As
            well as the population's status and trends, throughout      a result, no animals were taken. Since the mid-1970s,
            its range, or (3) have the Marine Mammal Protection         most animals taken for public display have been from
            Act amended to provide a mechanism for protecting           waters off Iceland.
            essential habitats.
                                                                            As a top-level predator, killer whales feed on
                                                                        other marine mammals, including large whales,
                              Killer Whale                              dolphins, and seals, as well as seabirds, turtles, and
                              (Oydnw orca)                              fish. Their prey includes species of fish taken com-
                                                                        mercially. In some areas, killer whales are attracted
                                                                        to commercial fishing operations where they damage
                 Killer whales are found in all the world's oceans      catch and gear. As a result, some fishermen consider
            and  major seas from polar to equatorial latitudes.         killer whales as competitors and nuisance animals. In
            Although most common in colder waters, they occur           some regions, they have been the target of culling
            in both coastal and pelagic areas and may be found  . in    programs to reduce interference with fishing opera-
            any area in all seasons. Two new killer whale species       tions.
            (0. nanus and 0. glacialis) in Antarctic waters have
            been proposed based on size and color differences.              In the United States, killer whales are known to
            However, the IWC has determined that these are              interact with the blackcod, or sablefish, longline
            probably different forms of a single, highly variable       fishery in waters off Alaska. In the 1960s, Japanese
            species, 0. orca.                                           longline fishermen operating off the Aleutian Islands
                 Killer whales are highly social. Individual whales     began noticing killer whales removing or damaging
                                                                        hooked fish as lines were retrieved. Beginning in
            form long-term associations along maternal lines. The       1985, longline fishermen in Prince William Sound
            basic social unit is the "pod." Most pods contain 5 to      reported similar interactions. Field surveys in Prince
            20 animals, although some may have as few as two or         William Sound in 1986 suggested that fishermen lost
            three whales and others more than 100 animals. In
            the United States, killer whales are most common in         more than 20 percent of their catch to killer whales.
            Puget Sound, Washington, and the coastal waters of
            Alaska. While the species is not considered endan-
            gered or threatened in any ocean or region, its highly



                                                                    69






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                   A variety of techniques have since been tried to            In view of these issues and the need to consider
                                                Fishermen have tried        what ftirtlier actions, if any, should be take,
                eliminate such interactions.                                                                                   n to
                acoustic harassment (e.g., "bang pipes" and seal            address research and management needs regarding
                bombs) and working in teams with vessels alternately        killer whales in Alaska, the Commission contracted in
                retrieving lines. None of the approaches, however,          1991 for a study to develop a species account with
                has been effective.                                         research and management recommendations on killer
                                                                            whales. The report will be added to the series of
                   Fishermen also   tried large explosive charges and       Commission-sponsored species reports on Alaska
                shooting whales. Until the mid-1980s, such measures         marine mammals (see Appendix B, Lentfer 1988).
                were permissible under the Marine Mammal Protec-            The report on killer whales is expected to be complet-
                tion Act's incidental take permits for commercial           ed in the spring of 1992, at which time the Commis-
                fishermen to allow them to protect gear, catch, or          sion, in consultation with its Committee of Scientific
                human safety. The results were apparently mixed,            Advisors, will consider a range of recommendations
                providing fishermen only temporary relief at best. In       that may be appropriate to make to the National
                this regard, studies of killer whale pods in Prince         Marine Fisheries Service or other Federal agencies.
                William Sound between 1985 and 1986 documented at
                least eight gunshot wounds and a high annual mortali-
                ty (more than seven percent) in one pod known to               Guff of C"ornia Elarbor Poqwise
                interact with fishing operations. In response, in July                      (Phocoena sinus)
                1986, the National Marine Fisheries Service amended
                incidental take permits to prohibit the use of explo-
                sives on or the shooting of any cetacean as a way to           The endangered Gulf of California harbor por-
                prevent interactions with fishing gear or catch.            poise, or vaquita, is found only in the northern Gulf
                                                                            of California in northwest Mexico. It is one of the
                   Interactions between whales and longline fishing in      smallest, rarest, and least known of all cetaceans.
                Prince William Sound and along the Aleutian Islands         The species was first described taxonomically in 1958.
                have continued, and recent reports indicate that whales     Prior to 1984, it was known from only 20 confirmed
                sometimes take halibut and Pacific cod from longlines,      reports. Between 1986 and 1989, aerial and boat
                in Alaska waters.                                           surveys by researchers from the University of Califor-
                                                                            nia at Santa Cruz sighted 110 animals (although a
                   As noted in Chapter VII, killer whales also may          number of these may have been resightings). To date,
                have been affected by the Euron Valdez oil spill. In        no reliable population estimates exist. Given so few
                one Prince William Sound pod, six animals, known to         sightings, the species may number no more than a few
                                                                            hundred individuals.
                have been in the pod a few months before the spill,
                had disappeared when observers documented pod                  As noted in previous Annual Reports, the Com-
                composition a few weeks after the spill. Another            mission has encouraged and supported vaquita re-
                seven animals disappeared from the pod the following        search and conservation efforts. In 1976 and again in
                year.                                                       1979, the Commission provided funding for surveys
                   Also, as noted in Chapter VII, populations of some       to determine the distribution of the speci
                marine mammals that serve as prey for killer whales         Appendix B, Wells et at. 1981). In the mid-1980s,
                have declined greatly in parts of Alaska. It is uncer-      the Commission provided support to locate the re-
                tain what effect this may be having on killer whale         mains of dead animals along the shores of the north-
                predator-prey relationships or population dynamics.         ern Gulf of California and to train Mexican students
                                                                            to identify, collect, and prepare museum specimens of
                However, recent shifts in killer whale distribution and     the species. In 1987, the Commission supported a
                behavior in some regions, such as Bristol Bay, have         study of environmental contaminants present in
                been noted and may be due, at least partially, to these     blubber samples of vaquitas incidentally caught and
                changes.                                                    killed in fishing gear. The results of this study

                                                                        70






                                                                                             Chapter H - Species of Special Concem


             suggested that, at that time, pollutants were not a            gillnet fishing; (2) explicitly prohibiting all sale of
             significant threat to the vaquita.                             totoaba; and (3) developing (a) economic alternatives
                                                                            for gillnet fishermen, (b) public education programs
                The greatest known threat to the vaquita appears to         focusing on conservation of marine resources in the
             be incidental catch in gillnets, especially large-mesh         northern Gulf of California, and (c) a management
             nets used in fisheries for the endangered totoaba              plan for the vaquita.
             (Totoaba macdonaldi), other finfish, sharks, and sea
             turtles. The totoaba fishery began in the mid-1920s               Also in 1988, the Cetacean Specialist Group of the
             and peaked in the 1940s. By the early 1970s, the               World Conservation Union's Species Survival Com-
             totoaba catch had declined so dramatically that the            mission published an action plan for conserving the
             Mexican Government closed the fishery in 1975 to               biological diversity of cetaceans throughout the world.
             allow the recovery of the stock. Nevertheless, illegal         The plan proposed, among other things, a three-year
             totoaba fishing continues, and vaquita mortality due to        project for research and conservation of the vaquita.
             incidental take is still high. To assess the status of the     The Cetacean Specialist Group considered the vaquita.
             totoaba stock, the Mexican Government began autho-             project among those deserving the very highest
             rizing experimental gillnet fishing in 1985. Between           priority. Ile project would include: (1) a population
             1985 and 1991, at least 121 vaquitas were reported             monitoring program, including vessel-based censuses;
             killed in fishing nets, including at least 52 in the           (2) a program to monitor incidental take by fisheries;
             experimental totoaba fishery. Due to under-reporting           (3) examination of vaquita carcasses; (4) a public
             by fishermen, however, the true number is probably             awareness program; and (5) a recovery plan for the
             much greater.                                                  species. In 1990, the Cetacean Specialist Group, with
                                                                            partial support from the Marine Mammal Commis-
                Several protective measures have been taken for             sion, established an office at the National Marine
             both the vaquita. and the totioaba. Both are listed            Fisheries Service's Southwest Fisheries Science Center
             under Appendix I of the Convention on International            in La Jolla, California, to help implement action plans
             Trade in Endangered Species of Wild Fauna and Flora            for the vaquita and other species. The office moved
             (CIUS) - the totoaba in 1977 and the vaquita in                in 1991 to Texas A&M University in Galveston.
             1979. In 1978, the Government of Mexico designated
             the vaquita as rare and in danger of extinction. That             In October 1990, the Workshop on the Mortality of
             same year, the International Union for the Conserva-           Cetaceans in Passive Fishing Nets and Traps was
             tion of Nature and Natural Resources (now called the           convened at the request of the International Whaling
             World Conservation Union) listed the species as                Commission. The Marine Mammal Commission gave
             vulnerable in its Red Data Book. It is presently listed        partial support to the workshop, which reviewed the
             as endangered. In 1979, the totoaba was listed as              worldwide incidental take of cetaceans in fishing gear.
             endangered under the U.S. Endangered Species Act;              Workshop participants noted that the vaquita's future
             following a recommendation by the Marine Mammal                is seriously threatened by illegal totoaba fishing and
             Commission, the vaquita received the same designa-             other gillnet fisheries and that inadequate enforcement
             tion in 1985.                                                  and a lack of economic alternatives for gillnet fisher-
                                                   I                        men were exacerbating the problems.
                In 1988, a study of fishermen's knowledge of and
             interactions with the vaquita in the northern Gulf of             On 10-20 May 1991, the IWC's Scientific Com-
             California was conducted by the Center for the Study           mittee met in Reykjavik, Iceland. At the meeting, the
             of Deserts and Oceans in Tucson, Arizona, in coop-             Scientific Committee endorsed several recommenda-
             eration with the Universidad Nacional Autonoma de              tions concerning the vaquita forwarded by its subcom-
             Mexico. The study concluded, among other things,               mittee on small cetaceans. Affording the vaquita the
             that all reported takes occurred in waters less than 160       highest priority of any endangered cetacean species,
             feet deep and estimated the annual fishery-related             the full Scientific Committee recommended that action
             mortality of vaquita. at about 32 animals. The study           be taken to fully enforce the closure of the totoaba.
             report recommended: (1) closing certain areas to               fishery and immediately halt illegal shipments of

                                                                        71






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                totoaba into the United States. The Committee also           gered Species of Wild Flora and Fauna, its importa-
                recommended that a management plan for the vaquita           tion into the United States was illegal. The Commis-
                and its habitat be developed to include: (1) an evalua-      sion also noted that totoaba imports apparently still
                tion of incidental take of vaquita in fisheries; (2)         occur, often disguised as sea bass, and are most often
                development of alternative fishing methods and other         brought into the United States as fish fillets, a form in
                economically viable activities to reduce farther vaquita     which it is difficult to identify the species. The
                mortality in the illegal totoaba fishery; (3) develop-       Commission therefore recommended that the South-
                ment of educational programs to increase awareness of        west Fisheries Science Center and the Fish and
                the vaquita among fishermen and the general public;          Wildlife Service's Forensics Laboratory coordinate
                and (4) monitoring the status and improving knowl-           efforts to develop a test to identify totoaba imported
                edge of the population biology of the species.               into the United States. The Commission also recom-
                                                                             mended that, once this has been achieved, the Servic-
                   Acting on the advice of its Scientific Committee,         es: (1) establish a cooperative program with Mexico
                the International Whaling Commission adopted a               to coordinate enforcement activities for the longstand-
                resolution asking the Committee to collect information       ing Mexican prohibition on totoaba fishing and to stop
                on small cetacean species, including the vaquita, that       entry of totoaba into the United States, and (2) estab-
                are subject to significant direct or incidental take in      lish programs to inform the public about the endan-
                fisheries. The results of this work were forwarded to        gered status of the vaquita and the totoaba, the link
                the United Nations for use in preparing for its Confer-      between the two species, applicable prohibitions of the
                ence on Environment and Development scheduled to             Endangered Species Act, and the consequences. of
                meet in Rio de Janeiro, Brazil, on 1-12 June 1992            violating the Act's provisions.
                (see Chapter IV).
                                                                                On 4 December 1991, the National Marine Fisher-
                   On 11-14 September 1991, researchers at the               ies Service published a notice in the Federal Register
                Southwest Fisheries Science Center undertook a               that it was issuing a permit to the Southwest Fisheries
                cooperative research program with the Instituto              Science Center for the collection and importation of
                Nacional de Pesca, La Paz, Mexico, to conduct an             one whole frozen totoaba specimen. The notice stated
                experimental aerial survey of vaquita habitat. The           that the specimen would be analyzed by the National
                survey covered 709 miles over three and one-half days        Seafood Inspection Laboratory to determine distin-
                during which one certain sighting of two vaquitas was        guishing characteristics of totoaba muscle tissue that
                made. Because of the low number of sightings, the            would enable the Service to identify totoaba fillets and
                survey methods, the turbidity of the water at the time       take measures to stop illegal importation.
                of the survey, and the extent of vaquita habitat not
                covered by the survey, the survey did not result in a           A review of all available information on the
                reliable estimate of the vaquita population.         The     population biology and incidental mortality of the
                researchers recommended that a much larger scale             vaquita was presented at the Ninth Biennial Confer-
                survey be conducted, either by air or, preferably, by        ence on the Biology of Marine Mammals in Chicago,
                ship, in order to develop a reliable population estimate     Illinois, on 5-9 December 1991. The review, con-
                for the vaquita.                                             ducted at the Instituto Tecnol6gico y de Estudios
                                                                             Superiores de Monterrey, Mexico, concluded that,
                   On 1 November 1991, the Marine Mammal Com-                given the vaquita's low population size and high rate
                mission wrote to the National Marine Fisheries               of incidental mortality and the difficulty in enforcing
                Service and the Fish and Wildlife Service regarding          conservation measures for the species, the vaquita is
                the status and conservation needs of the vaquita and         in imminent danger of extinction.
                enforcement of the prohibition on the import of
                totoaba into the United States. The Commission noted            At the end of 1991, the Commission was awaiting
                that, since totoaba was listed both as endangered            responses to its I November 1991 letters to the
                under the Endangered Species Act and on Appendix             National Marine Fisheries Service and the Fish and
                I of the Convention on International Trade in Endan-


                                                                         72






                                                                                         Chapter H - Species of Special Concern


            Wildlife Service and was looking forward to progress         1976 and 1983, when the fishery was suspended, the
            in protecting and encouraging recovery of the species.       average annual take was between 34,000 and 44,000
                                                                         animals. Fishermen claim that the Black Sea anchovy
                                                                         fishery is declining due to competition from cetaceans,
                            Elairbor Porpoise                            and the Turkish Government is under great pressure
                         (Phocoena phocoena)                             from the fishermen to reopen the cetacean fishery.
                                                                         There are no reliable estimates of the number of
               The harbor porpoise, one of the smallest cetaceans,       harbor porpoises inhabiting the Black Sea.
            occurs in coastal areas throughout most of the North-
            ern Hemisphere, including Europe, West Africa the               As noted in the previous Annual Report, in July
            Far East, and both coasts of North America.          The     1990 the Marine Mammal Commission contracted for
            species' preference for nearshore waters makes it            a review of abundance estimates of small cetaceans, in
            particularly vulnerable to impacts from human activi-        the Black Sea (see Appendix B, Buckland 1990). The
            ties, such as coastal fisheries and environmental            Commission supported the review in response to a
            pollution.                                                   1990 presentation by researchers from the Karadeniz
                                                                         Teknik University in Trapzon, Turkey, to the Inter-
               Substantial numbers of harbor porpoises are caught        national Whaling Commission in support of harvesting
                                                                         small cetaceans in the Black Sea. The review, pub-
            and killed incidentally in domestic fisheries. These
                                                                         lished by the Commission in October 1990, examined
            include salmon gillnet fisheries off Alaska and Wash-        data on the abundance of three species of small
            ington; groundfish fisheries in the Bering Sea and
            Gulf of Alaska; shark and swordfish driftnet fisheries       cetaceans, in the Black Sea: harbor porpoise, bottle-
            off Washington, Oregon, and California; and set and          nose dolphin (Tursiops truncatus), and common
            driftnet fisheries for halibut and other finfish off         dolphin (Delphinus delphis). The report concluded
            central California. Harbor porpoises are also taken          that the most recent cetacean abundance estimates
                                                                         submitted by the Turkish researchers are unreliable
            incidentally in Canadian fisheries operating in waters       for a number of reasons including, but not limited to,
            between Alaska and Washington, and these animals
                                                                         extrapolating the survey data to an estimate of total
            may be from populations being affected by fisheries in       abundance based on invalid assumptions about the
            United States waters and vice versa. On the east coast       species' distributions.    The report recommended,
            of North America, harbor porpoises are taken in the          among other things, improving survey and analysis
            groundfish gillnet fishery; in purse seine and weir          methodologies and conducting regular surveys of the
            fisheries for Atlantic herring and mackerel; in shad         entire sea. It further recommended that, until such
            and sturgeon gillnet fisheries; and in trap and pot          improvements are made, current abundance estimates
            fisheries in both U.S. and Canadian waters.                  should not be used as a basis for a harvest of Black
               Fisheries impacts on harbor porpoises occur               Sea cetaceans.
            throughout their range. A 1990 report of the sub-               The only currently active direct fishery for harbor
            committee on small cetaceans of the International            porpoises is a small fishery in Greendand, where the
            Whaling Commission's Scientific Committee noted              porpoises are taken for local human consumption.
            that incidental take of harbor porpoises may be a            Annual catches since 1982 have been estimated at
            problem wherever gillnet fisheries operate in close          between 700 and 1,000 animals, from a total estimat-
            proximity to harbor porpoises. It further noted that         ed population of 10,000-15,000 animals.
   7        the level of incidental take may be especially high in
            the North and Baltic Seas.                                      In North America, the impact of fisheries on
                                                                         harbor porpoises appears to be particularly severe in
               Until 1983, a large-scale Turkish commercial              waters off the central coast of California and in the
            fishery for harbor porpoises existed in the Black Sea.
            Although no exact catch statistics exist, the Interna-       Gulf of Maine and the Bay of Fundy. Between 1983
            tional Whaling Commission estimates that between             and I .986, for example, an estimated 755 harbor
                                                                         porpoises were taken incidentally in the California set

                                                                     73






                MARINE MAMMAL COMMISSION - Annual Repoit for 1991


                net fisheries for halibut and other finfish. In the            at conserving the population. Among other things,
                northwest Atlantic, an estimated 300 to 1,500 harbor           the group recommended:           (1) listing the harbor
                porpoises are killed each year in the groundfish gillnet       porpoise as threatened or endangered under the
                fishery.    Until 1991, the total estimated harbor             Endangered Species Act (the species is already listed
                porpoise population in the northwest Atlantic was              as threatened by the Canadian Government's Com-
                approximately 23,000 animals. A recent survey by               mittee on the Status of Endangered Wildlife); (2)
                the National Marine Fisheries Service's Northeast              repeating the 1982 Gulf of Maine harbor porpoise
                Fisheries Science Center, discussed below, has led to          survey to determine current abundance; (3) analyzing
                a revised estimate.                                            harbor porpoise sighting data collected over the past
                                                                               decade to detect possible trends in relative abundance;
                   The number, size, discreteness, and productivity of         (4) closing certain areas to gillnet fishing on a season-
                harbor porpoise populations in U.S. waters has not             al basis, if necessary, to protect and rebuild the
                been documented, and it is difficult to judge whether          harbor porpoise population; and (5) investigating ways
                the level of take has caused or is causing one or more         to reduce the incidental take of harbor porpoises in
                populations to be reduced below the maximum net                fishing nets.
                productivity level. As noted in past Annual Reports,
                in 1986 and 1987 the Marine Mammal Commission                     The Commission, in consultation with its Com-
                provided funds to the University of California at Santa        mittee of Scientific Advisors, reviewed the letter and,         7
                Cruz for a pilot project to radio-tag and track harbor         on 10 October 1990, advised the National Marine
                porpoises. The purpose of the study was to obtain              Fisheries Service that it agreed that there is reason to
                information on distribution and movement to help               believe that incidental taking may be having a signifi-
                assess the relative discreteness of harbor porpoise            cant adverse effect on harbor porpoise populations in
                populations off the west coast of the United States.           the northwest Atlantic.      The Commission further
                The investigators were unable to catch animals, and            noted that incidental take in commercial fisheries also
                the research objectives were not met (see Appendix B,          may be having a significant adverse effect on harbor
                Silber et al. 1990).                                           porpoises off central California and possibly off
                                                                               Washington and Alaska.
                   On 8 August 1990, a group of scientists and
                conservationists in New England wrote to the Marine               In its letter, the Commission requested, among
                Mammal Commission to express concern about the                 other things, that the Service advise it of the results of
                status of harbor porpoises in the Gulf of Maine. In            the fishery observer programs and population assess-
                the letter, the group noted that a 1981 survey carried         ment programs conducted by the Service's Northeast
                out by the New England Aquarium with support from              and Southwest Fisheries Science Centers as they
                the National Marine Fisheries Service indicated that           pertain to harbor porpoises, and what the Service was
                between 8,000 and 15,300 harbor porpoises were                 doing or planned to do to assess and monitor the
                present in U.S. coastal waters in the Gulf of Maine.           status of affected harbor porpoise populations hii the
                Based on mortality estimates from various sources, the         northwest Atlantic and along the west coast of the
                group estimated that 1,000 harbor porpoises are                United States.     Ile Commission also noted that
                caught and killed each year in the Gulf of Maine and           effective conservation of harbor porpoise populations
                Bay of Fundy fisheries. The group also noted that              would require cooperative efforts with Canada.
                studies comparing animals caught in the late 1970s             Therefore, the Commission recommended that, if the
                with those taken in 1987 and 1988 indicate a change            Service had not already done so, it consult with the
                in population age structure that is characteristic of a        responsible Canadian authorities to develop a coordi-
                declining population.                                          nated harbor porpoise research and management
                                                                               program.
                   Based on this information, the group concluded
                that the harbor porpoise population in the Gulf of                The National Marine Fisheries Service responded
                Maine is in trouble. It sought the Commission's                to the Commission's letter on 6 February 1991. In its
                support for a number of recommended actions aimed              letter, the Service agreed that more detailed informa-

                                                                           74






                                                                                           Chapter H - Species of Special Concem


            tion on fishing effort and incidental take of harbor          Ocean, the reviewers recommended, among other
            porpoises in the northwest Atlantic and better data           things, that: (1) the highest priority be given to
            analysis were needed to determine the appropriate             obtaining reliable estimates of the harbor porpoise
            action or actions to list the harbor porpoise either as       population(s) affected by the groundfish gillnet fishery
            depleted under the Marine Mammal Protection Act or            in the Gulf of Maine and Bay of Fundy, including the
            as threatened or endangered under the Endangered              estimated number of porpoises taken annually; (2) the
            Species Act. The Service advised the Commission               Service determine the most cost-effective survey
            that: (1) it intended to conduct a status review of the       design for obtaining the necessary information; and
            harbor porpoise, including local populations; (2) its         (3) if necessary, funds from lower priority programs
            Northeast Fisheries Science Center was working with           be given over to the harbor porpoise program. The
            Canadian scientists to obtain information on interac-         reviewers also noted that, in the near future, the
            tions between fisheries and harbor porpoises in the           Service should give priority to studies of harbor
            Bay of Fundy; (3) the Atlantic Ocean, Caribbean, and          porpoise stock discreteness, abundance, and diet in the
            Gulf of Mexico gillnet fisheries for swordfish, tuna,         northwest Atlantic Ocean.
            and shark were to be designated as Category I fisher-
            ies, which would allow for placement of observers on             As a related matter, in June 199 1, the National
            fishing vessels to gain further information on interac-       Marine Fisheries Service released a draft legislative
            tions with harbor porpoises; (4) information from the         environmental impact statement on its Proposed
            Service's west coast regions indicates that the situation     Regime to Govern Interactions Between Marine
            in the eastern Pacific is not as serious as in the            Mammals and Commercial Fishing Operations. The
            northwest Atlantic; and (5) if a preliminary analysis of      draft statement discusses the incidental take of harbor
            the information received indicates that action under          porpoises in the North Pacific and North Atlantic
            section 114(g)(3) of the Marine Mammal Protection             Oceans. It notes that the population of harbor por-
            Act is warranted, the Service will request the appro-         poises off the west coast of North America may be at
            priate Fishery Management Council(s) to take steps to         its optimum sustainable population level, but that the
            mitigate any adverse impacts.                                 susceptibility of the species to incidental take in
                                                                          coastal gillnet fisheries is nonetheless a cause for
               On 12 February 1991, the Service published a               concern. Tlie Service therefore recommended that
            notice in the Federal Register announcing its review          management actions be taken to protect local harbor
            of the status of harbor porpoises to determine whether        porpoise populations.
            any distinct population should be listed under either
            the Marine Mammal Protection Act or the Endangered               The Service noted that no optimum sustainable
            Species Act, and requesting information and data on           population level has been estimated for the harbor
            the species' status. On 24 May 1991, the Service              porpoise in the western North Atlantic. Previous
            published a follow-up notice stating that it had deter-       estimates of harbor porpoise abundance and estimates
            mined that there is no information available to indicate      of incidental take in the Gulf of Maine, however,
            that harbor porpoises off the west coast of the United        suggest that as much as 7.5 percent of the harbor
            States are below their optimum sustainable population         porpoise population is taken incidental to commercial
            level, and it was therefore terminating its review of         fisheries every year.
            the status of harbor porpoises off the west coast. The
            notice stated that the Service's review of harbor                On 23 September 1991, the Marine Mammal
            porpoise status in the northwest Atlantic would               Commission provided comments to the National
            continue.                                                     Marine Fisheries Service on the draft legislative
                                                                          environmental impact statement. The Commission
               On 26-28 March 1991, the Service's Northeast               noted that: (1) the Service's proposed regime to
            Fisheries Science Center held a program review of its         manage marine mammal-fishery interactions was
            Marine Mammals Investigation program. The Marine              intended to ensure that no marine mammal population
            Mammal Commission participated in the review.                 would be adversely affected by levels of take autho-
            Regarding harbor porpoises in the northwest Atlantic          rized under the regime, and (2) this premise appears

                                                                      75






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                to be violated with respect to harbor porpoises be-         abundance estimate and about 1.9 percent per year of
                cause the best available data indicate that there is a      the higher estimate.
                relatively discrete population of harbor porpoises in
                central California that may have been depleted as a            On 13 December 1991, the National Marine
                result of incidental take in set net fisheries. Ile         Fisheries Service published a notice in the Federai
                Commission therefore recommended that the Service           Register announcing that on 18 September 1991 it had
                consider the possibility that lower localized harbor        received a petition from the Sierra Club Legal De-
                porpoise densities are the result of incidental taking      fense Fund on behalf of the International Wildlife
                (for further discussion of marine mammal-fisheries          Coalition and 12 co-petitioners to list the Gulf of
                interactions, see Chapter III of this Report).              Maine/Bay of Fundy harbor porpoise population as
                                                                            threatened under the Endangered Species Act.
                   Since 1987, the Northeast Fisheries Science Center
                has been working to develop programs to determine              At the end of 1991, the Marine Mammal           Com-
                harbor porpoise abundance and incidental take in            mission had not been informed of any further actions
                commercial fisheries in the Gulf of Maine and Bay of        regarding the Service's status review of harbor
                Fundy. A program report, published by the Center in         porpoises in the northwest Atlantic. Ile Commission
                December 1991, indicated significantly greater num-         was also anticipating action by the Service on the
                bers of harbor porpoises and greater relative levels of     petition for protective listing.
                incidental take than previously estimated.

                   Two at-sea abundance surveys were conducted in                          Bottlenose ]Dolphin
                the Gulf of Maine and Bay of Fundy in 199 1: a                            (Tursiops &uncWw)
                primary survey between 22 July-30 August 1991 and
                a supplementary survey of inshore bays on the coast            The bottlenose dolphin is found throughout temper-
                of Maine from 3-17 August 1991. The survey used             ate and tropical waters of the world, commonly in
                a two-team approach to allow correction for animals         nearshore waters. It is the most common cetacean
                not seen on the track line. There were uncertainties        species in the coastal waters of the southeastern
                in determining the exact number of schools seen by          United States, and the cetacean species most frequent-
                both teams simultaneously and, hence, in determining        ly maintained in captivity for public display and
                an exact corr ection factor. Based on a lower and a         scientific research. Capture of bottlenose dolph --- ---
                higher estimate of duplicate sightings, two separate        these purposes began in the 1900s in the United
                population estimates were derived:        66,000 and        States. Considerable, though unknown, numbers
                45,000 animals, respectively.                                                                                      of
                                                                            animals were taken prior to the enactment of the
                                                                            Marine Mammal Protection Act in 1972. Since that
                  From June 1989 through May 199 1, under contract          time, when a permit procedure for taking of marine
                to the Northeast Fisheries Science Center, the Mano-        mammals was implemented under the Act, more than'
                met Bird Observatory in Manomet, Massachusetts,             500 bottlenose dolphins have been collected.
                placed observers on commercial groundfish gillnet
                fishing vessels in the Gulf of Maine to record inciden-        Although the status of local or regional populations
                tal take of marine mammals, seabirds, sea turtles, and      is often unclear, it is unlikely that captures and
                non-target fish species. With observers on just over        removals alone have caused significant declines in the
                one percent of commercial fishing trips during the          affected dolphin populations. Unusually high numbers
                period, 34 harbor porpoises were observed taken             of bottlenose dolphins died and washed up on beaches
                incidental to fishing activities. Extrapolation of these    from New Jersey to Florida along the U.S. Atlantic
                data result in preliminary estimates of approximately       coast in 1987-1988. This happened again in 1990
                1,250 animals per year being caught and killed. This        along the coast of the Gulf of Mexico. (See Chapter
                number equals about 2.8 percent per year of the             V for further discussion of marine mammal strandings
                Northeast Fisheries Science Center's lower population       and mortality). In addition, unknown but perhaps

                                                                        76






                                                                                         Chapter H - Species of Special Concem


            significant numbers of bottlenose dolphins are caught           On 13 March 1991, the Commission wrote to the
            and killed in fisheries for menhaden, shrimp, and           National Marine Fisheries Service about a number of
            other species in the coastal waters of the southeastern     issues, including the Service's proposed rulemaking to
            United States. In some areas, bottlenose dolphins also      list the nearshore mid-Atlantic stock of bottlenose
            may be affected by environmental pollution, coastal         dolphins as depleted under the Marine Mammal
            and offshore oil and gas development, dumping and           Protection Act. The Commission noted that the
            dredging, and other human activities. The indepen-          Service had not published a proposed rule and asked
            dent and collective effects of the mortality have not       about its plans to do so. The Commission also
            been determined. It is therefore possible that one or       requested that the Service advise it as to what actions
            more local bottlenose dolphin populations have been         it was taking or planning to take to develop and
            depleted or that continued incidental taking or taking      implement the conservation plan for bottlenose dol-
            for purposes of public display or scientific research       phins that the Commission had recommended in its 21
              ay have caused one or more local populations to be        December 1989 letter.
            reduced or maintained below the maximum net
            in

            productivity level.                                             In its 25 April 1991 response, the Service noted
                                                                        that: (1) it was completing its review of the status of
            Unusually High Mortality and                                the northwest Atlantic nearshore stock of bottlenose
            Proposed Depleted Designation                               dolphins; (2) a status determination would be made
                                                                        soon; (3) if a determination were made to designate
               According to population monitoring surveys               the stock as depleted, the Service would move quickly
            conducted by the National Marine Fisheries Service,         to develop a conservation plan; and (4) if a plan
            the 1987-1988 die-off of bottlenose dolphins along the      should be necessary, the Service would consult with
            east coast of the United States may have reduced the        the Commission before convening a team to draft it.
            population by as much as 60 percent. As noted in
            previous Annual Reports, on I I November 1988, the              On 15 August 1991, the Service published a
            Center for Marine Conservation petitioned the Service       Federal Register notice proposing to designate the
            to list the coastal mid-Atlantic migratory stock of         coastal migratory stock of bottlenose dolphins along
            bottlenose dolphins, as depleted under the Marine           the U.S. mid-Atlantic coast as depleted under the
            Mammal Protection Act. The S       *ervice published an     Marine Mammal Protection Act. On 4 November
            advance notice of proposed rulemaking and a request         1991, the Commission comm               on the Federal
            for comments on the proposal on 11 October 1989.            Register notice, noting that the main concerns ex-
                                                                        pressed in its 21 December 1989 letter regarding the
               On 21 December 1989, the Commission com-                 proposed listing had not been addressed in the notice.
            mented to the Service on the notice. The Commission         The Commission therefore recommended that the final
            noted that, in its opinion, the Service would be ill-       rule address, among other things, how the Service
            advised to list the coastal mid-Atlantic bottlenose         will determine when the affected population no longer
            dolphin population as depleted without, at the same         is depleted.
            time, describing the steps that would be taken to
            verify the assumptions upon which the designation               As of the end of 1991, the final rule had not yet
            was based and to determine when the population no           been promulgated by the Service.
            longer was depleted. The Commission recommended
            also that, before promulgating such a rule, the Service     Live Capture and Removal from the Wild
            develop and implement a conservation plan for
            bottlenose dolphins along the U.S. mid-Atlantic coast           Bottlenose dolphins are most commonly taken for
            that, in part, would identify the monitoring programs       research or public display ftom populations in the
            needed to meet this objective.                              Gulf of Mexico and the Indian River system along the
                                                                        central east coast of Florida. Because of uncertainties
                                                                        stemming from the previously noted mass mortalities,
                                                                        the Commission advised the National Marine Fisheries


                                                                    77






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                Service on 12 April 1999 that it was suspending             year. The Commission noted that the cause or causes
                                                                                                                                   it
                consideration of all applications to take bottlenose        of the mortality had not yet been determined.
                dolphins from the Gulf of Mexico and the east coast         recommended that, given the possibility that the high
                of Florida pending an assessment of the status of the       mortality could have been the result of a contagious
                affected populations and the effectiveness of research      disease, live captures and removals of bottlenose
                and management programs to ensure that the affected         dolphins from the Gulf of Mexico be suspended. On
                populations were not disadvantaged by such taking.          2 April 1990, the Service advised the Commission
                                                                            that all permit holders had voluntarily agreed to
                   Subsequently, the Service provided the Commis-           suspend capture of bottlenose dolphins in the Gulf for
                sion with additional information on its research and        90 days to allow time to evaluate the die-off.
                management programs, including proposed revisions
                of quotas for Atlantic bottlenose dolphins in south-           On 31 May 1990, the Service published in the
                eastern U.S. waters. In a 23 May 1989 letter to the         Federal Register a notice of proposed rulemaking to
                Service on the additional information, the Comnlission      establish regulations and revise quotas for removal of
                recommended that the Service review available data          bottlenose dolphins for purposes of public display and
                on bottlenose dolphin surveys, incidental take in           scientific research. Tbe Service noted that it was
                fisheries, and chase-and-capture records by age and         preparing an environmental impact statement on the
                sex. The Commission also recommended that the               proposed regulations that would provide a compre-
                Service identify research and monitoring programs           hensive review of the population status of bottlenose
                required to better define discrete stocks of bottlenose     dolphins off the southeastern coast of the United
                dolphins and the number of dolphins by age and sex          States. In the same issue of the Federal Register, the
                being taken incidentally by fisheries.                      Service announced that, due to the high dolphin
                                                                            mortality in the Gulf of Mexico, it had adopted
                   In its 26 June 1989 reply, the Service noted that it     conservative interim quotas for the capture of bottle-
                would be desirable to conduct an independent review         nose dolphins. The Service announced that it would
                of survey data and, by letter of 24 November 1989, it       reduce the quota from 91 animals in 1989 to 35
                addressed the remaining issues raised by the Commis-        animals for 1990 (of which no more than 17 could be
                sion. The Service noted, among other things, that it        female).
                would develop new quotas to regulate the taking of
                bottlenose dolphins. In its 28 December 1989 re-               Because information was not sufficient to allow
                sponse to the Service, the Commission remarked on           definitive conclusions to be reached about the status of
                a variety of matters, including the apparent inadequa-      bottlenose dolphins in the Gulf of Mexico, the Service
                cy of planned monitoring efforts to verify that autho-      wrote to permit holders on 20 August 1990 asking
                rized removals, by themselves and in conjunction with       them not to collect bottlenose dolphins until 1991 or
                other removals, such as incidental take in commercial       1992 except in situations where collection is absolute-
                fisheries, would not cause affected dolphin populations     ly necessary to maintain a public display. Permit
                to be reduced below their maximum net productivity          holders agreed and no animals were taken under the
                levels. The Commission therefore recommended that           interim quotas for 1990 and 1991.
                (1) the Service assess potential effects of cumulative
                human activities on bottlenose dolphin populations,         Wild Dolphin Feeding Programs
                including types and levels of commercial fishing and
                levels of incidental take, and (2) the Service provide         Beginning in the late 1980s, public feeding of
                information on steps being taken or planned to obtain       marine mammals in the wild, particularly bottlenose
                more reliable information on incidental take.               dolphins, and the potential adverse effects that this
                   On 16 March 1990, the Commission wrote to the            activity may have on the animals was addressed by the
                                                                            National Marine Fisheries Service. Under regulations
                National Marine Fisheries Service regarding the             issued by the Service in 1991, the feeding of marine
                unusually high mortality of bottlenose dolphins in the      mammals was prohibited. For further discussion of
                Gulf of Mexico in January through March of that             this issue, see Chapter X of this Report.

                                                                        78







                                                            Chapter M


                     NMRWE NUNMAL-FEBEREES EWERACTIONS


               Marine mammals may interact with fisheries in a              Actions with respect to the interim exemption and
            number of ways. They may be disturbed, harassed,            efforts to develop a system to govern incidental taking
            injured, or killed either accidentally or deliberately      in fisheries after October 1993 are discussed below.
            during fishing operations; they may take or damage          Also discussed are recent actions regarding the take of
            bait and fish caught on lines, in traps, and in nets;       dolphins and porpoises incidental to the eastern
            they may damage or destroy fishing gear or injure           tropical Pacific tuna fishery. Fishery interactions
            fishermen while trying to remove bait or caught fish        affecting species of special concern are discussed in
            or when they accidentally become entangled in fishing       Chapter H. Activities concerning high seas driftnet
            gear; and they may compete with commercial and              fisheries, which pose serious threats to marine main-
            recreational fishermen for the same fish and shellfish      mals and many other marine species, have been
            resources.                                                  subject to international negotiations and are discussed
                                                                        in Chapter IV.
               The Marine Mammal Protection Act directs the
            Secretaries of Commerce and the Interior, in consulta-
            tion with the Marine Mammal Commission, to devel-                          Nterim Exempflon
            op regulations governing the incidental taking of                     for CommerdW Fisheries
            marine mammals by persons subject to the jurisdiction
            of the United States.   In 1988, the Marine Mammal             Subject to certain exceptions, the Marine Mammal
            Protection Act was amended to establish a five-year
                                                                        Protection Act establishes a moratorium on the taking
            interim exemption to govern the taking of marine            and importing of marine mammals. Recognizing that
            mammals incidental to commercial fisheries other than       a total prohibition of taking could seriously affect
            the eastern tropical Pacific tuna fishery. Incidental       certain fisheries, the Act authorizes the Secretaries of
            taking of marine mammals in the tuna fishery continue
            to be regulated under a general permit issued in 1980       Commerce and the Interior, through formal rule-
                                                                        making, to issue general permits allowing for the
            to the American Tunaboat Association and legislative-       taking of marine mammals incidental to commercial
            ly extended in 1984.                                        fishing operations when such taking would not disad-
               The interim exemption was designed to allow              vantage the affected marine mammal species or
            commercial fisheries to operate while information is        stocks. The Act was amended in 1981 to allow use of
            collected on the extent and effects of marine mammal-       streamlined procedures to authorize the accidental, but
                                                                        not intentional, taking of small numbers of non-de-
            fisheries interactions. The 1988 Marine Mammal              pleted marine mammal species and stocks during
            Protection Act amendments also direct the Secretary         commercial fishing operations conducted by citizens
            of Commerce, based upon recommended guidelines              of the United States if, after notice and opportunity
            provided by the Marine Mammal Commission, to                for public comment, the Secretary finds that the total
            suggest to Congress a new regime to govern incidental       of such taking would have a negligible impact on the
            taking of marine mammals in fisheries other than the        affected species or stocks.
            tuna purse seine fishery after the interim exemption
            expires in October 1993.                                       In May 1987, the Department of Commerce issued
                                                                        a general permit to the Federation of Japan Salmon


                                                                     79






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                Fisheries Cooperative Association authorizing the take       fisheries. During the exemption period, which runs
                of Dall's porpoises (Phocoenoides dalli) in the Japa-        until I October 1993, the general permit and small-
                nese North Pacific salmon driftnet fishery. Issuance         take provisions of the Act do not govern the incidental
                of the permit was challenged in a lawsuit filed by the       taking of marine mammals in the course of commer-
                Kokechik Fishermen's Association, representing               cial fishing operations by domestic fishermen or by
                Alaska subsistence fishermen, and several environ-           foreign fishermen fishing pursuant to valid permits
                mental groups. As a result of that litigation, Kokechik      iss*ued under section 204 of the Magnuson Fishery
                Fishermen's Association v. Secretary of Commerce,            Conservation and Management Act. Rather, the
                the permit was invalidated. The Court ruled that             incidental take is authorized and regulated in accor-
                issuance of the single-species permit violated the           dance with the exemption provisions of new section
                Marine Mammal Protection Act because other species           114. Foreign fisheries not regulated under the Mag-
                (e.g., North Pacific fur seals) not covered by the           nuson Act, such as the Japanese high seas salmon
                permit would inevitably be caught if the Japanese            fishery at issue in the Kokechik case, were not includ-
                were allowed to fish as authorized by the permit.            ed in the exemption. An exception was also made for
                                                                             the yellowfin tuna purse seine fishery, which contin-
                   The Court's decision overturned a longstanding            ues to operate under its present general permit. The
                National Marine Fisheries Service interpretation of the      goal of the exemption program is to enable commer-
                Marine Mammal Protection Act permit provisions and           cial fisheries to continue to operate while information
                cast serious doubt on the Service's ability to issue         essential for long-term management of marine mam-
                incidental-take permits for other fisheries, including       mal-fishery interactions is developed.
                several domestic fisheries whose permits were to
                expire at the end of 1988. For some fisheries, there            Under the exemption provisions, owners of vessels
                was insufficient information to determine which              operating in fisheries identified by the National
                marine mammal species were likely to be incidentally         Marine Fisheries Service as frequently or occasionally
                taken. In other cases, it appeared likely that there         taking marine mammals must register with the Service
                were insufficient data to make the required showing          and obtain an exemption certificate in order to engage
                that the affected marine mammal species and popula-          lawfWly in those fisheries. Vessel owners, masters,
                tion stocks were within their optimum sustainable            and crew members are not subject to penalties under
                population range and would not be disadvantaged              the Marine Mammal Protection Act for the incidental
                (i.e., be reduced below their maximum net productivi-        take of marine mammals, except for the take of
                ty level) as a result of the incidental taking. In           California sea otters or the intentional lethal take of
                addition, small numbers of depleted species, for which       Steller sea lions, cetaceans, or marine mammals from
                incidental-take permits could not be issued, were            depleted populations, if the owners maintain a current
                known to be taken incidental to some fisheries.              exemption. Unauthorized taking of endangered or
                                                                             threatened marine mammals continues to be a viola-
                1988 Amendments to the                                       tion of the Endangered Species Act. In addition, if
                Marine Mammal Protection Act                                 the incidental taking is having an immediate and
                                                                             significant adverse impact on a marine mammal stock
                   In response to uncertainties raised by the Kokechik       or if more than 1,350 Steller sea lions or 50 North
                decision, representatives of the fishing industry and        Pacific fur seals will be killed during a calendar year,
                environmental community jointly proposed that                the Service, in consultation with the appropriate
                Congress enact a three-year exemption to the provi-          regional fishery management councils and state
                sions of the Marine Mammal Protection Act to allow           agencies, must prescribe emergency regulations to
                the take of marine mammals incidental to certain             prevent, to the extent practicable, any further taking.
                commercial fisheries. Based largely on that proposal,
                the Marine Mammal Protection Act was amended in                 In order for an exemption to remain valid, the
                1988 to provide a limited five-year exemption from           vessel owner must submit a report detailing any
                the Act's taking prohibition for most commercial             instances of incidental taking and providing other
                                                                             information prescribed by the National Marine Fisher-

                                                                         80






                                                                                Chapter III - Marine MaTurnal-Fisheries, Interactions

             ies Service. In addition, owners of vessels engaged in        Implementation of the Interim Exemption
             fisheries that frequently take marine mammals must,
             if requested, accept the placement of natural resources          To implement the interim exemption for commer-
             observers on board their vessels or face revocation of        cial fisheries, the National Marine Fisheries Service
             their exemptions.                                             issued a series of regulations during 1989. Develop-
                                                                           ment of those regulations and other actions taken by
                Fishermen engaged in fisheries determined to have          the National Marine Fisheries Service and others
             only a remote possibility of taking marine mammals            during 1989 and 1990 to implement the interim
             need not register with the Service or obtain an exemp-        exemption for commercial fisheries are discussed in
             tion certificate.   They must, however, report all            the Annual Reports for 1989 and 1990.
             marine mammal mortalities incidental to their opera-
             tions to avoid being liable for penalties.                       One of the continuing responsibilities of the
                                                                           Service is to update, at least annually, the list of
                The 1988 amendments required the National                  fisheries. The initial list of fisheries was published by
             Marine Fisheries Service to publish, by 22 January            the Service on 20 April 1989, placing each fishery in
             1989 'a proposed list of all U.S. fisheries, classifying      one of three categories depending on the frequency
             them as Category I (those with frequent incidental            with which marine mammals are taken. Based on
             takes), Category 11 (those with occasional incidental         observer data, fishermen's reports, and other available
             takes), or Category III (those with either a remote           information, the Service, on 17 July 1990, proposed
             possibility of or no known incidental takes). After           certain revisions to the list.
             opportunity for public comment, the Service was to
             publish a final list by 23 March 1989, along with                The Service proposed to reclassify four fisheries
             information advising vessel owners how to obtain              (the Florida east coast shark gillnet fishery, the
             exemptions and otherwise comply with the new provi-           southern New England/mid-Adantic inshore squid
             sions. Other Service responsibilities included estab-         fishery, the Gulf of Alaska/Bering Sea longline/setline
             lishing an observer program under which 20 to 35              sablefish fishery, and the Oregon sea urchin fishery)
             percent of the operations by Category I vessels would         from Category III to Category H. The Service also
             be monitored; creating an alternative observation             proposed to add the following four fisheries to the
             program if less than 20 percent of the operations in a        list: the Atlantic Ocean swordfish, tuna, and shark
             Category I fishery would be observed; implementing            gillnet fishery to Category 1; the Caribbean and Gulf
             an information management system capable of pro-              of Mexico swordfish, tuna, and shark gillnet fishery
             cessing and analyzing observer data and reports               to Category H; the Gulf of Maine squid trawl fishery
             required from vessel owners engaged in Category I             to Category III; and the groundfish trawl fisheries in
             and Category H fisheries; and consulting with the Fish        Alaska State-managed waters to Category III. In
             and Wildlife Service before taking actions or making          addition, the Service proposed to revise its listing of
             determinations involving marine mammal species                the Category I, Alaska Peninsula salmon drift gillnet
             under jurisdiction of the Department of the Interior.         fishery, keeping the South Unimak portion of the
                                                                           fishery in Category I while placing the remainder of
                As noted above, the interim exemption was intend-          the fishery in Category II.
             ed to govern marine mammal-fishery interactions for
             a five-year period. It is expected that, before the              By letter of 17 August 1990, the Commission
             interim exemption expires, Congress will re-examine           commented on the proposed revisions. The Commis-
             the issue in light of the information gathered under the      sion noted that it had not been consulted prior to
             exemption program, and enact a permanent system for           publication of the proposed changes as required by
             regulating incidental taking. Efforts to develop a new        section 114 of the Marine Mammal Protection Act and
             regime to govern the take of marine mammals inci-             requested that such consultations be conducted as part
             dental to commercial fishing operations after I Octo-         of future re-examinations of the list.
             ber 1993 are discussed in the following section of this
             Chapter.

                                                                       81






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                   Applicable regulations set forth two bases for               The Service determined that the Atlantic Ocean
                placing a fishery in Category I - a specific directive      swordfish, tuna, and shark gillnet fishery and the
                from Congress or the existence of "documentary              Caribbean and Gulf of Mexico swordfish, tuna, and
                evidence" demonstrating a frequent take of marine           shark gillnet fishery should be treated as a single
                mammals. The Commission had previously recom-               fishery. The combined Atlantic Ocean, Caribbean,
                mended that the Service use the best available infor-       and Gulf of Mexico gillnet fishery for swordfish, tuna
                mation when categorizing a fishery, whether or not          and shark was placed in Category 1. The Alaska
                the level of take has been "documented." In its 17          Peninsula salmon drift gillnet fishery, including the
                August 1990 letter, the Commission again noted that,        South Unimak portion of that fishery, was moved
                in some instances, the Service should place fisheries       from Category I to Category 11. However, the South
                in Category I based on analogy to other Category I          Unimak fishery was listed separately to improve
                fisheries because of a similarity in gear type, fishery     monitoring of incidental take in that fishery. The
                location, etc. By analogy to the Atlantic Ocean             Prince William Sound set gillnet fishery was also
                swordfish, tuna, and shark gillnet fishery, the Com-        downgraded from a Category I to a Category II
                mission recommended a Category I listing for the            fishery. In light of efforts undertaken by the State of
                Caribbean and Gulf of Mexico gillnet fishery for these      Oregon to reduce the impact of the sea urchin fishery
                species despite the absence of "documentary evidence"       on Steller sea lions, including a public education
                on the level of incidental take in those areas.             program and adoption of a 1,000-foot buffer zone
                                                                            around Steller sea lion rookeries, the Service deter-
                   The Commission also noted that some Category III         mined that placing the Oregon sea urchin fishery in
                fisheries, such as the shrimp trawl and menhaden            Category H was not warranted. The Service also
                purse seine fisheries off the South Atlantic and Gulf       determined that squid landed in Gulf of Maine trawl
                states, may take marine mammals only rarely in              fisheries were primarily caught as bycatch in the
                individual fishery operations, but, because a large         groundfish and shrimp trawl fisheries. As such, the
                number of operations are conducted, may cumulative-         Gulf of Maine squid fishery was determined not to
                ly have significant adverse effects on marine mammal        warrant inclusion in the list of fisheries.
                populations. The Commission therefore recommended
                that, unless available information is sufficient to show        In August 1991, the Service consulted informally
                that the take in these fisheries is negligible, they be     with the Commission regarding possible changes to
                upgraded to Category 11 fisheries so as to require          the list of fisheries for the 1992 fishing season. By
                registration and reporting to obtain needed information     letter of 31 August 1991, the Commission provided
                on fishing effort and incidental take rates.        T'he    recommendations to the Service. Among other things,
                Commission cautioned that, without such information,        the Commission recommended that, when possible,
                it may be difficult to justify authorizing a take under     proposals to reclassify Category I fisheries be accom-
                the new management regime being developed to                panied by data on observer effort and the numbers and
                govern the incidental take of marine mammals after I        species of marine mammals taken. The Commission
                October 1993.                                               also reiterated its recommendation that certain fisher-
                                                                            ies, such as the shrimp trawl and menhaden purse
                  Tle revised list of fisheries was published by the        seine fisheries off the South Atlantic and Gulf states,
                Service on 7 February 1991.         As proposed, the        which may be having more than a negligible impact
                Florida east coast shark gillnet fishery, the southern      on marine mammal stocks, be upgraded to Category
                New England/mid-Atlantic inshore squid fishery, and         II so that more reliable information on fishing effort
                the Gulf of Alaska/Bering Sea longline/setline sable-       and marine mammal take rates can be obtained. The
                fish fishery were placed in Category H. Also as             Service had planned to have a revised list of fisheries
                proposed, the groundfish trawl fishery in Alaska            in place by I January 1992; however, proposed
                State-managed waters was added to the list as a             revisions had yet to be published at the end of 1991.
                Category III fishery.
                                                                                Under the interim exemption, all vessels participat-
                                                                            ing in Category I or Category II fisheries must

                                                                        82






                                                                               Chapter III - Marine Mammal-Fisheries Interactions


             register with the National Marine Fisheries Service          from the 1990 reports indicate that, for the 571,000
             and obtain an exemption certificate. At the end of           fishing days covered, 250,000 marine mammal
             1989, approximately 10,400 vessel owners had                 interactions with fishing gear occurred, 91,600 marine
             registered for and had been issued exemption certifi-        mammals were harassed by fishermen, almost 2,100
             cates. Exemption certificates were renewed automati-         marine mammals were injured, and more than 2,600
             cally by the Service in 1990 and, by the end of that         marine mammals were killed. Some reported interac-
             year, nearly 16,000 vessels participating in Category        tions may have been very minor and, in some cases,
             I or Category II fisheries had registered and had            may constitute nothing more than observations of
             obtained exemption certificates. Exemption certifi-          marine mammals in the vicinity of the fishing opera-
             cates were renewed in 1991 only if the required              tion. Gillnet fisheries, which accounted for just over
             reports had been received by the National Marine             half of the reported fishing effort in terms of the
             Fisheries Service. At the end of 1991, 12,194 vessels        number of days fished, accounted for 70 percent of
               ere registered as participating in Category I and/or       the reported mortality. Troll fisheries, which account-
             Category H fisheries. With the exception of those            ed for 30 percent of the fishing effort, accounted for
             w

             fisheries added to the list of fisheries in February         about one-half of the reported marine mammal injur-
             1991, the number of vessels registered in nearly all         ies. Extrapolations based on data from the observer
             Category I and Category H fisheries declined between         program suggest that fishermen's reports may under-
             1990 and 1991. It is unknown whether the decline in          estimate marine mammal mortality occurring in at
             registration reflects a decline in the number of vessels     least some commercial fisheries.        Figures on the
             engaged in commercial fisheries or an increase in the        number of reports filed by Category I and Category H
             number of vessels participating in fisheries without         fishermen for 1991 and on the reported level of
             registering for an exemption.                                incidental take are not yet available.

                Fishermen operating in Category I and Category H             As discussed above, the 1988 amendments required
             fisheries must maintain accurate daily logs of fishing       establishment of an observer program to monitor
             effort, including gear type and target species; the          between 20 and 35 percent of the fishing operations
             number, species, and location of marine mammals              conducted by Category I vessels. Early in 1989,
             taken; type of marine mammal interaction (e.g.,              however, it became apparent that funding levels would
             disturbance, injury, or mortality); any intentional          be insufficient even for minimal (20 percent) coverage
             takes and the methods used to deter marine mammals           of all designated Category I fisheries. In response,
             from gear or catch; and any loss of fish or gear             the National Marine Fisheries Service established
             caused by marine mammals. By the end of each year,           criteria for setting priorities for placing observers in
             an annual report, including a copy of the required           Category I fisheries based upon (1) whether depleted
             logs, must be submitted to the Service. Category HI          species are taken; (2) the population trends of the
             fishermen are not required to submit annual reports,         species taken in the fishery; (3) the annual take rate of
             but must report all lethal incidental taking of marine       marine mammals, expressed in terms of population
             mammals to the Service within 10 days after returning        percentage; and (4) whether marine mammals for
             from the trip during which the taking occurred.              which a quota has been established (i.e., Steller sea
                                                                          lions and North Pacific fur seals) are taken. The
                Regulations setting forth the reporting requirements      Service also decided that, rather than providing
             under the interim exemption did not become effective         straight 20 percent coverage in the top priority fisher-
             until 16 January 1990. Even though the reporting             ies until funds were exhausted, it would consider
             regulations had yet to enter into force, some 3,500          reduced coverage in some fisheries if reliable esti-
             annual reports for 1989 were voluntarily submitted,          mates of incidental taking could be made from less
             based upon the requirements set out in an earlier            than 20 percent coverage.
             published proposed rule. For 1990, the first year of
             mandatory reporting, just over 10,000 reports were              For Fiscal Years 1990 and 1991 the annual author-
             filed. That is, less than two-thirds of the vessels          ization for the interim exemption observer program
             required to submit reports did so. Preliminary data          was $7.5 million. While this level of funding was

                                                                      83






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                insufficient to enable the Service to provide 20 to 35-         "(C) to the maximum extent practicable,
                percent coverage for all Category I fisheries, observ-               include as factors to be considered
                ers were placed on board some vessels in all but one                 and utilized in determining permis-
                Category I fishery in 1990 and on board some vessels                 sible levels of such taking -
                in all Category I fisheries during 1991. Coverage in
                certain fisheries, however, failed to meet targeted                  (i)   the status and trends of the      affected
                levels. Projected and estimated observer coverage of                       marine mammal population stocks;
                Category I fisheries under the interim exemption are                 (ii)  the abundance and annual net recruit-
                shown on Table 8.                                                          ment of such stocks;
                                                                                     (iii) the level of confidence in the know-
                     Development of a New Regime                                           ledge of the affected stocks; and
                   To Govern the Incidental Take of                                  (iv)  the extent to which incidental tak-
                 Marine Mammals after October 1"3                                          ing will likely cause or contribute
                   The interim exemption for commercial fisheries                          to their decline or prevent their
                                                                                           recovery to optimum sustainable
                was enacted in 1988 to govern marine mammal-                               population levels."
                fishery interactions for a five-year period. At the
                endof the five-year period, it is expected that the             The Commission began developing proposed
                interim exemption will be replaced by a new regime          guidelines in July 1989, with the goal of transmitting
                with a firm scientific rationale for setting take limits    final recommended guidelines to the National Marine         E
                based on sound principles of wildlife management.           Fisheries Service by 1 February 1990. However,
                Congress is expected to begin consideration of the          when a possible new approach was suggested by
                new incidental take regime during the first half of         members of the Commission's Committee of Scientific
                1992.                                                       Advisors in late 1989, circulation of the draft guide-
                                                                            lines for public review was delayed. On 26 January
                The Commission's Recommended Guidelines                     1990, draft guidelines were circulated to interested
                                                                            parties, including fisheries managers, fisheries groups,
                   As a first step in developing the long-term regula-      and environmental organizations. A notice of avail-
                tory regime, the Marine Mammal Commission was               ability was also published in the Federal Register,
                directed by the 1988 Marine Mammal Protection Act           inviting public comment. Comments were accepted
                amendments to make available to the Secretary of            until 30 March 1990.
                Commerce and to the public recommended guidelines
                to govern the take of marine mammals incidental to              The Commission, in consultation with its Commit-
                commercial fishing operations after the interim             tee of Scientific Advisors, considered the numerous
                exemption expires on I October 1993. The amend-             comments received on the draft guidelines, revised the
                ments required that the guidelines:                         guidelines, as appropriate, and, on 12 July 1990,
                                                                            transmitted its recommended guidelines to the Nation-
                   "(A) be designed to provide       a scientific           al Marine Fisheries Service. Copies of the guidelines
                        rationale and basis for determining how             were also provided to other interested parties, includ-
                        many marine mammals may be inciden-                 ing commercial fishing organizations and environmen-
                        tally taken under a regime to be adopted            tal groups. In addition to the recommended guide-
                        to govern such taking after October 1,              lines, the Commission prepared and provided to the
                        1993;                                               Service and others a document summarizing all
                   "(13) be based on sound principles of wildlife           substantive comments it received on the draft guide-
                        management, and be consistent with and              lines, explaining how they were addressed.
                        in furtherance of the purposes and poli-                The Commission, in its guidelines, recommended
                        cies set forth in this Act; and                     that the legislation to govern the taking of marine

                                                                        84







                                                                                                    Chapter III - Marine Marnirn-al-Fisheries Interactions




                     Table 8. Estimated Percent Observer Coverage for Category I FIsheries during the Interim
                                   Exemption Period

                                                        FY 1989         CY 1989         FY 19" CY 1990 FY 1"I CY 1"I FY 1"2
                       Fishery                           Tar            EstimaW         Target        Estimate        Ta           Estimate       Target

                       Atlantic Mackerel                   100               100           100          100               100        100            100
                        Foreign Trawl

                       Gulf of Maine                       10                1.6           10              1.1            10          51            10
                        Groundfish/Mackerel

                       Prince William Sound                20                0             5               3.9            5           5.0           01
                        Drift Gillnet

                       Prince William Sound                0                 0             5               2.7            -          -              -
                        Set Gillnet'

                       Alaska Peninsula                    20                0             5               4.1            -          -              -
                        Drift Gillnet5

                       Washington Marine                   20                26.9          35           47.1              35         62.4           35
                        Set Gillnet


                       Lower Columbia River                0                 0             0               0              10          8             10
                        Drift Gillnet


                       California Drift Gillnet            10                0             20              4              20         10-11          20
                        (Thresher Shark/
                        Swordfish


                       California Set GWnet                15                0             20              5-6            20          12            20
                        (Halibut/Angel Shark)

                       Alaska Groundfish                   100               94            100          60
                        (Joint Venture)"

                       Alaska Groundfish                   20                14            20           54                20         54-60          20
                        (Domestic)

                       Atlantic Ocean,                     -                 -             -            -                 N/A        5-10           N/A
                        Caribbean, Gulf of
                        Mexico Gillnet7

                     1 Observer coverage is funded on a fiscal year basis and targeted coverage is for the period I October-30 September.
                     2 Estimated observer coverage is recorded on a calendar year basis.
                     3 Observer coverage for the first six months of 1991 was approximately one percent and approximately ten percent for the last six months
                       of 1991.
                     4 7be National Marine Fisheries Service plans to propose reclassifying this fishery as Category U and does not plan to place observers in
                       1992.
                     5 These fisheries were reclassified as Category Il in 1991.
                     6 No joint fishery operations occurred in 1991 and none are expected in 1992.
                     7 This fishery was added to Category I in 199 1. No specific observer coverage level was established, In FY 1991 and FY 1992,
                       respectively, $168,000 and $75,000 was allocated for the observer program in this fishery.

               mammals incidental to commercial fishing after 1                                   fishing to insignificant levels approaching a zero
                October 1993 do the following:                                                    mortality and serious injury rate;

                0 re-affirm the Marine Mammal Protection Act's                                0   reinstate the substantive, although not necessarily
                     goal to reduce the incidental kill and serious injury                        the procedural, requirements of the general permit
                     of marine mammals in the course of commercial                                and small-take provisions of the Marine Mammal


                                                                                           85







                MARINE MAMMAL COMMISSION - Annual Report for 1991


                   Protection Act for marine mammal populations              0 provide necessary funding or authorize the collec-
                   known or reasonably believed to be at their opti-            tion of user fees sufficient for observer and other
                   mum sustainable population levels;                           marine mammal monitoring programs.

                0  allow the incidental take of marine mammals listed           The Commission noted that one assumption behind
                   as endangered or threatened under the Endangered          the establishment of the interim exemption was that,
                   Species Act or designated as depleted under the           at the end of the five-year period, sufficient informa-
                   Marine Mammal Protection Act when:             (1) a      tion would be available on the status of marine
                   recovery plan or conservation plan, including an          mammal stocks taken incidental to commercial fisher-
                   implementation plan, has been developed, adopted,         ies and the impact of fisheries on those stocks to
                   and put in place; (2) the authorized level of take,       enable the Secretaries of Commerce and the Interior
                   by itself and in combination with other sources of        to authorize specific levels of take based upon sound
                   mortality, is not likely to cause or contribute to a      principles of wildlife management. In developing its
                   firtlier population decline or cause more than a 10-      recommended guidelines, the Commission accepted
                   percent increase in the estimated time it will take       that assumption.     However, based on comments
                   for the affected species or population to recover to      received on the draft guidelines, the Commission
                   its maximum net productivity level; (3) ongoing           indicated that it was unlikely that, unless additional
                   and planned monitoring and enforcement programs           population assessments were undertaken by the
                   are adequate to ensure that the authorized levels of      National Marine Fisheries Service, the information
                   take are not exceeded and to detect any unforeseen        needed to make required status determinations for
                   effects on the size or productivity of the affected       many marine mammal stocks would be available by
                   species or population; and (4) there is good reason       1993. To address this problem, the Commission, in
                   to believe that the incidental take has been or will      the guidelines, recommended that the Service hold a
                   be reduced to as near zero as practicable;                workshop or series of workshops by early 1991 to
                                                                             (1) review available information on the status of
                ï¿½  authorize, on an experimental basis, for periods of       marine mammal stocks and the effects of fisheries and
                   three to five years, the incidental take from species     other activities on those stocks; (2) identify what
                   and population stocks whose status is uncertain           additional information, if any, will be needed to make
                   when: (1) the authorized level of incidental take         status-of-stocks and other determinations required to
                   clearly would have a negligible effect on popula-         authorize the incidental take of marine mammals by
                   tion size and productivity; and (2) ongoing or            fisheries in U.S. waters after I October 1993; and (3)
                   planned assessment, monitoring, and enforcement           describe the research programs necessary to obtain
                   programs are adequate to ensure that the authorized       and analyze that information.
                   level of take will not be exceeded, the status of the
                   affWed species or population stock will be deter-            The recommended guidelines also noted that
                   mined with reasonable certainty within three to five      marine mammals may be affected indirectly, as well
                   years, and possible ways to avoid or reduce the           as directly, by commercial fisheries. To minimize
                   level of incidental take will be identified and           adverse indirect effects, the Commission recommend-
                   implemented;                                              ed that the Service promulgate regulations under the
                                                                             Fishery Conservation and Management Act requiring
                ï¿½  streamline and continue the vessel registration and       Fishery Management Councils to assess and take into
                   reporting programs initiated under the 1988 Marine        account the food requirements (and uncertainties
                   Mammal Protection Act amendments;                         related thereto) of marine mammals and other non-
                                                                             target species when calculating the optimal yield of
                ï¿½ grant explicit authority to the Secretary of Com-          fishery resources. Towards this end, the Commission
                   merce to place observers aboard any commercial            recommended that the Service organize and hold a
                   fishing vessel operating in U.S. waters; and              workshop or series of workshops in 1991 or 1992 to
                                                                             identify and evaluate possible procedures for assessing
                                                                             interactions and ensuring that fisheries do not directly
                                                                             or indirectly disadvantage marine mammal popula-


                                                                         86






                                                                               Chapter III - Marine Mamn-l-Fisheries Interactions


             tions. Among other things, the workshop(s) should            authorization; (5) grant the Service authority to place
             consider the establishment of thresholds below which         observers aboard any vessel operating in any commer-
             exploitation of fish stocks should be prohibited;            cial fishery; (6) allow assessment of a user fee to
             guidelines and procedures for addressing uncertainty         cover administrative costs associated with the pro-
             with respect to the status of and functional relation-       grain; and (7) enable the Service to require fishermen
             ships among fisheries resources and other components         to contribute funding for unusual monitoring require-
             of the ecosystems; and research and management               ments associated with some fisheries. The Service
             programs needed to fill critical gaps in our knowledge       proposed that the new regime be implemented over a
             of the structure and dynamics of marine ecosystems.          two-year period beginning in 1993.

             The National Marine Fisheries Service's                         The primary difference between the Service's
             Proposed Regime                                              proposed regime and that recommended in the Com-
                                                                          mission's guidelines was the addition of an allowable
                The 1988 amendments to the Marine Mammal                  biological removal concept. The total removal of
             Protection Act directed the Secretary of Commerce,           animals from a population from all sources, including
             after consultation with the Marine Mammal Commis-            subsistence takes, taking incidental to commercial
                                                             il                                                 takin
             sion, Regional Fishery Management Counc s, and               fishing and other activities, and          g for public
             other interested agencies and organizations, to publish      display and scientific research, for any year could not
             by 1 February 1991 a suggested regime to govern              exceed the estimated allowable biological removal
             incidental taking after I October 1993. The amend-           level.
             ments mandated that the suggested regime include
             proposed scientific guidelines to be used in determin-          Under the Service's proposal, an allowable biolog-
             ing permissible levels of incidental taking, a descrip-      ical removal would be calculated for each marine
             tion of the arrangements for consultations with other        mammal stock by multiplying the estimated minimum
             agencies and interested parties, and a summary of the        abundance of the stock by the best estimate of the
             regulations and legislation necessary to implement the       stock's maximum annual net productivity rate and by
             suggested regime. After consultation with the Com-           a recovery factor, which would vary depending on the
             mission and consideration of public comment on the           status of the stock relative to its carrying capacity. In
             proposed regime, the Secretary is to provide to              making these calculations, the Service proposed to use
             Congress, by I January 1.992, the suggested regime,          a conservative measure of minimum stock abundance
             recommendations for legislation to implement the             such as the lower limit of the 95 percent confidence
             regime, and a proposed schedule for implementation.          interval of the estimated stock size or an actual count
                                                                          of animals. Default values for maximum net produc-
                The National Marine Fisheries Service, on 24 May          tivity rates of six percent for pinnipeds and sea otters
             1991, published its proposed regime for public review        and two percent for cetaceans and manatees would be
             and comment. In addition, a Draft Legislative Envi-          used when specific information on net productivity
             ronmental Impact Statement on the Service's proposal         rates is unavailable. Recovery factors would depend
             was made available for public review and comment.            upon a qualitative estimate of a stock's status and
             In many respects, the Service's proposal closely             would be 0.9 for stocks believed to be above two-
             followed the guidelines recommended by the Commis-           thirds of carrying capacity, 0.5 for stocks between
             sion. Among other things, the Service's proposal             one-third and two-thirds of carrying capacity, and 0. 1
             would: (1) retain the Act's goal of reducing inciden-        for stocks below one-third of carrying capacity or for
             tal kill and serious injury of marine mammals to             which information necessary to make such a determi-
             insignificant levels approaching a rate of zero; (2)         nation is unavailable.
             allow incidental taking from stocks designated as
             depleted only in compliance with approved conserva-             To provide information necessary to calculate
             tion plans for such stocks; (3) require vessel owners        allowable biological removal levels, the Service would
             operating in certain fisheries to register with the          prepare a stock assessment report for each affected
             Service; (4) prohibit fishing as well as incidental          stock at least once every three years. Stock assess-
             taking absent required registration and incidental take      ment reports would be evaluated by scientific review

                                                                      87







                 MARINE MAMMAL COMMISSION - Annual Report for 1991


                 groups and would be made available for public review          the key elements in calculating allowable biological
                 and comment. The life history and population data             removal levels, yet the criteria, minimum data, or
                 contained in the final stock assessment reports would         procedures that would be used to make such determi-
                 be used to calculate the allowable biological removal         nations were not presented. These determinations
                 level.                                                        would, in effect, constitute de facto judgments of the
                                                                               stock's status relative to its optimum sustainable
                   The allowable biological removal level calculated           population. As such, the Commission recommended
                 for each stock would be allocated annually by the             that they be based upon clearly articulated criteria and
                 Service among the various user groups. The Service            be made using procedures that afford an opportunity
                 proposed to give priority to those takes that it could        for full scrutiny of the evidence before the agency,
                 not control, such as subsistence harvests of non-             provide for independent review of the data, and
                 depleted marine mammals, collisions with ships, and           require a complete explanation of the rationale for the
                 incidental takes by foreign fisheries outside the U.S.        determinations made.
                 Exclusive Economic Zone. All or part of the remain-
                 ing allowable biological removal would be allocated to            The Commission also noted that it was not clear
                 Vcontrollable" activities such as comm       ial fishing,     how the proposed regime would deal with situations
                 public display, and scientific research. Allocations          in which marine mammal carrying capacity has been
                 would be based on an assessment of need, economic             reduced by overharvesting of prey species or other
                 impacts, historic take levels, and the ability of the         types of habitat degradation or destruction caused by
                 user group to reduce its level of take.                       commercial fisheries, coastal development, offshore
                                                                               oil and gas development, or other activities.             In
                   Further division of the portion of the allowable            addition, while the Service's proposal addressed
                 biological removal allocated to commercial fisheries          mortalities and other removals of animals from wild
                 would be made for individual fisheries. The Service           populations, it did not indicate how noise disturbance
                 proposed to establish Regional Quota Boards com-              and other forms of harassment, which may indirectly
                 prised of representatives of the Service, the Fish and        result in decreased survival and productivity, would
                 Wildlife Service, the Marine Mammal Commission,               be considered.
                 Regional Fishery Management Councils, state fishery
                 agencies, and appropriate Indian tribes, to recommend             The Commission also noted problems with the
                 incidental take quotas for each fishery. The Regional         proposed formula for calculating allowable biological
                 Quota Boards would seek the views of fishing industry         removal levels.       The Service, in calculating the
                 representatives, environmental groups, and other              allowable biological removal level, proposed to use
                 interested parties before making recommendations to           the "best estimate of the stock's net production rate at
                 the Service. Based upon the advice of the Regional            the population level where net productivity is maxi-
                 Quota Boards, the Service would issue final quotas for        mized" even in those situations when the population is
                 each fishery. In no case, however, could the sum of           known to be declining or the actual. growth ra
                 the fishery quotas exceed that portion of the allowable       known to be less than the estimated maximum growth
                 biological removal allocated to commercial fisheries.         rate and when there is uncertainty as to whether the
                                                                               decline or reduced growth rate is due to some factor
                   By letter of 23 September 1991, the Marine                  other than incidental take by commercial fisheries.
                 Mammal Commission, in consultation with its Com-              Another potential problem with the proposed regime
                 mittee of Scientific Advisors on Marine Mammals,              noted by the Commission was its failure to account
                 provided the Service with detailed comments on the            for the age and sex, as well as the number, of animals
                 proposed regime and the associated Draft Legislative          that may be taken, when calculating allowable bio-
                 Environmental Impact Statement. The Commission                logical removal levels.
                 noted that most parts of the proposal were conceptual-
                 ly sound, but that, in some cases, the proposal was               Despite claims that the proposed regime was
                 not explained in sufficient detail to allow critical          conservative, it would allow the Service to authorize
                 evaluation. For example, determining a stock's status         incidental take for indefinite periods of time, even
                 relative to its carrying capacity level would be one of       when there may be substantial uncertainties concern-


                                                                           88






                                                                             Chapter III - Marine Mammal-Fisheries Interactions


            ing the possible adverse effects of the take on marine      the  Commission's recommended guidelines, would
            mammal stocks. The Commission explained that this           benefit fisheries to various degrees, at the expense of
            was problematic inasmuch as the proposed monitoring         marine mammals.
            programs probably could not detect population de-
            clines as great as five to ten percent per year in less        In addition, the Commission recommended that:
            than 10 to 20 years. The Commission therefore
            recommended that the length of time that incidental         0  the term "allowable biological removal" be
            takes could be authorized without making formal                changed to clarify that it represents the maximum
            status-of-stocks determinations or verifying that              number of animals that might be taken from a
            affected populations are increasing toward, or being           population with confidence that the removals would
            maintained within, their optimum sustainable popula-           not cause the population to be reduced or to be
            tion ranges be limited to three to five years. Without         maintained below its maximum net productivity
            such a limit, there would be little incentive to ensure        level;
            that incidental take during commercial fishing opera-
            tions, by itself and in combination with other forms of     0  the proposed regime be revised to include a
            take, does not cause the affected populations to be            streamlined procedure for authorizing "small takes"
            reduced or to be maintained below their maximum net            of marine mammals in fisheries that have few
            productivity levels.                                           interacations similar to that for non-fisheries
                                                                           activities provided in section 101(a)(5) of the
               Under the Service's proposal, recovery plans and            Marine Mammal Protection Act;
            conservation plans could establish allowable removal
            levels less than those calculated using the allowable       0  the Service establish a threshold below which no
            biological removal formula. The proposal, however,             incidental taking could be authorized unless it were
            did not identify those situations when such reductions         reasonably demonstrated that the population is
            would be appropriate or provide any criteria for               increasing at or near its maximum growth rate and
            making such determinations. Noting that such deter-            the authorized level of take would not significantly
            minations were likely to be highly controversial and           reduce the recovery rate;
            could impede necessary conservation measures, the
            Commission recommended that the Service expand its          0  the Service revise its approach for allocating
            proposal to provide criteria for judging when it would         allowable biological removals so that each re-
            be appropriate for recovery plans and conservation             quested authorization is judged on its own merits,
            plans to establish take levels less than would be              taking into account: (1) other forms of taking; (2)
            authorized using the general allowable biological              measures that might be taken to reduce unneces-
            removal formula.                                               sary taking and to allocate the allowable take
                                                                           equitably among foreign and U.S. fisheries and
               The Draft Legislative Environmental Impact                  other users; and (3) the likelihood that ongoing or
            Statement that accompanied the Service's proposal              planned monitoring programs are adequate to
            assessed the economic impacts of four alternatives             ensure that the affected populations are increasing
            using the period before enactment of the Marine                toward, or being maintained within, their optimum
            Mammal Protection Act as a baseline. This created              sustainable population ranges;
            the misimpression that adoption of any of the alterna-
            tives would adversely affect fisheries to one degree or     0  the proposal be expanded to describe the program
            another. The Commission noted that, absent addition-           that would be undertaken to reduce marine mam-
            al legislation, the system for authorizing the take of         mal mortalities and injuries incidental to commer-
            marine mammals incidental to commercial fisheries              cial fishing operations to as near zero as practica-
            would revert to that in existence prior to enactment of        ble; and
            the interim exemption in 1988 and recommended that
            the economic analyses be redone using that as the           0  the Service provide, as part of the proposal and
            baseline. Such analyses would show that three of the           Legislative Environmental Impact Statement, draft
            four alternatives, including the Service's proposal and        legislative language illustrating how the proposed


                                                                    89







                MARINE MAMMAL COMMISSION - Annual Report for 1991


                   regime might be translated into law and an estimate        be required to register with the Service.            These
                   of costs associated with implementing the proposed         fisheries would be ftu-ther classified based on the
                   regime.                                                    status of the marine mammals taken and the level of
                                                                              total removals relative to the calculated potential
                The National Marine FIsheries Service's                       biological removal. Class A fisheries would be those
                Revised Proposed Reghne                                       that interact with endangered, threatened, or depleted
                                                                              marine mammals or with marine mammal stocks with
                   The National Marine Fisheries Service received a           an estimated annual removal level (from all sources)
                large number of comments on its proposed regime.              which equals or exceeds the potential biological
                While comments were received on all aspects of the            removal level - Class B would include those fisheries
                proposal, many commenters focused on two points,              that do not interact with depleted marine mammals but
                the complexity of the Service's proposal and the broad        that interact with stocks whose potential biological
                applicability of the proposed regime. Several com-            removal level, although not now exceeded by total
                menters also believed that more attention should be           annual removals, is expected to be exceeded within
                given to those fisheries with significant marine mam-         the next three to five years. Class C fisheries would
                mal incidental take problems.         To address those        be those that do not interact with marine mammals
                concerns and other comments received on its original          from depleted stocks or from stocks whose potential
                proposal, the Service, on 20 November 1991, made a            biological removal level is likely to be exceeded
                revised proposal available for public review.                 within the next five years.

                   In the revised proposal, the Service replaced the              Under the Service's revised proposal, only Class A
                term "allowable biological removal" with "potential           fisheries would be subject to comprehensive monitor-
                biological removal" to clarify that it represented the        ing on an annual basis. Only when the total fisheries
                total number of individuals that could potentially be         removal is expected to exceed the portion of the
                removed from a population, not necessarily that that          potential biological removal level allocated to fisher-
                                                                      Tie     ies, however, would annual monitoring be required.
                number of removals would be authorized.
                Service also proposed revisions to the recovery factors       Class B fisheries would, at the Service's discretion, be
                to be used in calculating potential biological removal        monitored every two to five years. Class C fisheries
                levels in response to comments that the original              would be monitored every five to ten years, depend-
                recovery factors were not necessary for effective             ing on the estimated level of incidental removals.
                conservation of marine mammal stocks. The recovery
                factor for severely depleted stocks (those below one-             Fishery-specific quotas would be established only
                third of carrying capacity) and those of unknown              for Class A fisheries, and then only if the portion of
                status was revised upward from 0. 1 to 0.5 (a five-fold       the potential biological removal level allocated to
                increase) and the factor for stocks between one-third         fisheries would otherwise be exceeded. Removals in
                and two-thirds of carrying capacity was revised from          fisheries subject to quotas would be monitored suffi-
                0.5 to 0.75. Under the revised proposal, no recovery          ciently to enable the Service to implement additional
                factor would be used for stocks determined to be              restrictions on fishing activities if necessary to prevent
                above two-thirds of carrying capacity. The Service            the potential biological removal level from being
                noted that these changes would allow marine mammal            exceeded.
                stocks to attain optimum sustainable population levels
                within a reasonable period of time and would not                  Other major changes contained in the Service's
                appreciably increase recovery times.                          revised proposal included: streamlining of the alloca-
                                                                              tion process and elimination of the Regional Quota
                   The Service also proposed a new, and somewhat              Boards proposed earlier; requiring development of
                more complex, method for classifying fisheries.               annual research plans to identify and fill data gaps
                Historical data would be used to determine which              with respect to marine mammal stocks; recommending
                commercial fisheries interact with marine mammals             that the new regime be implemented under a "phased
                and which do not. All vessels operating in fisheries          strategy" with a goal of reducing take to potential
                identified as interacting with marine mammals would           biological removal levels by the end of 1997.

                                                                           90







                                                                              Chapter M - Marine Mammal -Fisheries Interactions


               The Commission provided comments on the                      Many of the apparent deficiencies in the Service's
            Service's revised proposed regime by letter of 20            revised proposed regime may have been attributable to
            December 199 1. While the revised proposal respond-          the lack of detail in the proposal. For example, the
            ed to some of the comments and recommendations               proposal purported to retain the Act's zero mortality
            provided by the Commission and others on the origi-          rate goal, but neither described the programs needed
            nal proposal, it failed to address others. Moreover,         to meet the goal nor estimated the cost of such pro-
            some of the modifications instituted by the Service          grams. In addition, while the proposal indicated that
            made the revised proposal, in the Commission's view,         recovery and conservation plans could establish
             even less adequate" than the earlier version. The           removal levels more restrictive than the potential
            Commission expressed its belief that the revised             biological removal level, it did not describe those
            proposal could and should be improved and indicated          situations in which it would be appropriate to do so
            a willingness to recommend that Congress postpone            and did not provide any criteria for making such
            the deadline for transmitting the suggested regime to        determinations. In light of these and other omissions,
            enable the identified deficiencies to be corrected.          the Commission noted that it was impossible to assess
                                                                         the pros and cons of the revised proposal accurately.
               The Commission noted that both the original and
            revised proposals were, in some respects, inconsistent          To overcome the deficiencies, the Commission
            with the Recommended Guidelines provided by the              recommended, among other things, that the National
            Commission and the fundamental purposes and                  Marine Fisheries Service revise and expand the
            policies of the Marine Mammal Protection Act. For            legislative proposal to:
            example, the Service's revised regime would appar-
            ently allow takes from all sources to exceed the             0 include the specific statutory amendments and
            estimated sustainable removal levels, at least during           related report language that the Service will pro-
            the initial phases of implementation. Enactment of the          pose to establish the regime;
            Service's proposal could therefore allow certain
                                                                                                                           "sound
            marine mammal stocks to be reduced below their               0  specify what the Service means by the term
            maximum net productivity levels and might signifi-              principles of wildlife management";
            cantly delay or prevent recovery of depleted species
            and stocks.                                                  0  prohibit taking from species or populations whose
                                                                            minimum estimated size is less than 3,000 individ-
               Further, the revised regime did not appear to                uals or 30 percent of the best available estimate of
            recognize or consider situations in which marine                historic abundance, whichever is higher, unless it
            mammal survival and productivity are being or may               reasonably can be demonstrated that the population
            be reduced by habitat degradation or destruction, or            is increasing at its maximum potential rate and the
            by unusual disease outbreaks, natural catastrophe, etc.         authorized level of take will not cause a greater
            For example, it failed to address the adverse impacts           than 10 percent increase in the estimated time it
            that might result from such things as commercial                will take the population to reach its maximum net
            exploitation of key marine mammal prey species,                 productivity level;
            offshore oil and gas development, non-point source
             ollution, and unusual die-offs such as have occurred        0  take account of situations where either marine
            in several areas in recent years. That is, the revised          mammal survival or productivity has been or may
            proposal considered only direct mortality and serious           be affected by habitat degradation or destruction;
            injury from incidental fisheries take, subsistence
            hunting, and other known and quantifiable human              0  identify situations and propose criteria for deciding
            sources. It also appeared that the Service was propos-          when recovery plans and conservation plans for
            ing to use current carrying capacity, without consider-         endangered, threatened, and depleted species
            ing human-caused habitat degradation and destruction,           should be used to establish removal levels less than
            as the basis for making status-of-stocks determina-             the estimated potential biological removal levels;
            tions.




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                 MARM MAMMAL COMMISSION - Annual Report for 1991


                 ï¿½  revise the definitions of Class A, B, and C stocks          lines and in its 23 September 1991 comments on the
                    to make it clear that the burden of proof will              Service's initial proposed regime. The Commission
                    remain, as presently is the case under the Marine           reiterated its belief that failure to carry out the recom-
                    Mammal Protection Act, on potential users to                mended actions could result in fisheries having
                    demonstrate that levels of taking do not disadvan-          significant adverse effects on marine mammals and the
                    tage the affected marine mammal species and                 ecosystems of which they are a part. 1bus, the
                    stocks;                                                     Commission requested that, if the Service decides not
                                                                                to adopt one or more of these recommendations, the
                 ï¿½ describe the program or programs the Service is              Service provide it with a detailed explanation as to the
                    planning or proposing to move -toward the zero              reasons why the recommendations were not followed
                    mortality rate goal;                                        or adopted, as required by section 202(7)(d) of the
                                                                                Marine Mammal Protection Act.
                 ï¿½  provide an estimate of the funding and special
                    logistic requirements that would be required to                At the end of 1991, the Service was reviewing the
                    implement the proposed assessment, monitoring,              comments received on its revised proposal. It is
                    and mortality reduction programs; and                       expected that the Service will complete and transmit
                                                                                to Congress its suggested regime to govern the taking
                 ï¿½  if it has not already done so, revise the assessments       of marine mammals incidental to commercial fishing
                    of possible economic impacts in the Legislative             operations, and issue a Final Legislative Environmen-
                    Environmental Impact Statement to use the Marine            tal Impact Statement on the proposal, early in 1992.
                    Mammal Protection Act prior to 1988, to which
                    the interim exemption will revert absent enactment
                    of new legislation, as the baseline against which                     The Tum-Porpoise Usue
                    the various alternatives are compared.
                                                                                    For reasons not fully understood, schools of large
                    The Commission also noted that, in the recom-               yellowfin tuna (> 25 kg) tend to associate with
                 mended guidelines forwarded to the Service in July             dolphin schools in the eastern tropical Pacific Ocean,
                 1990, it had recommended that the National Marine              an area of more than five million square miles stretch-
                 Fisheries Service and the Fish and Wildlife Service,           ing from southern California to Chile and westward to
                 in consultation with the Commission, the Fishery               Hawaii. In the late 1950s, U.S. fishermen began to
                 Management Councils, and other relevant organiza-              exploit this association by deploying large purse seine
                 tions, hold a workshop or series of workshops in 1991          nets around the more readily observed dolphin schools
                 or 1992 to consider and provide advice on: (1)                 to catch the tuna swimming below. Despite efforts by
                 thresholds below which exploitation of fish stocks             the fishermen to release the encircled dolphins, some
                 should be prohibited to ensure maintenance of target,          become trapped in the nets and drown. As discussed
                 dependent, and associated species at optimum sustain-          below, efforts to reduce the incidental mortality of
                 able levels (i.e., to ensure the fullest possible range Of     dolphins in this fishery have been a central focus of
                 management options for future generations); (2)                the Marine Mammal Protection Act since its enact-
                 guidelines and procedures for dealing with uncertainty         ment in 1972. Early efforts under the Act focused
                 concerning the status of and numerical and functional          almost exclusively on the operations of the U.S. purse
                 relationships among fish stocks and other components
                                                                                seine fleet. Beginning in the mid-1980s, however, the
                 of the ecosystems of which they are a part; and (3)            focus shifted to reducing dolphin mortality from
                 research and monitoring programs needed to fill                foreign tuna fishing activities in the eastern tropical
                 critical gaps in our knowledge of the structure and            Pacific.
                 dynamics of marine ecosystems and to verify the
                 predicted effects and detect the possible unforeseen           Background
                 effects of fishery management programs. The Com-
                 mission noted further that the Service had not re-                The eastern tropical Pacific tuna purse seine fishery
                 sponded to this or a number of the other recommenda-           was dominated by the United States fleet during the
                 tions made in the Commission's recommended guide-              first two decades of its existence. At its peak in the

                                                                            92







                                                                               Chapter III - Marine Mammal-Fisheries Interactions


             mid-1970s, a U.S. fleet of more than 150 vessels                A parallel shift has also occurred in the tuna
             accounted for nearly 70 percent of the fishery capaci-       canning industry. During the early years of the purse
             ty. In the late 1970s and 1980s, significant shifts in       seine tuna fishery, most of the tuna canning industry
             the fishery to overseas operations occurred. By the          was controlled by U.S. interests. In the 1960s, 12
             -beginning of 1990, only 30 U.S. tuna vessels re-            tuna canneries were in operation in southern Califor-
             mained in the eastern tropical Pacific fishery, account-     nia, others were located on both coasts of the United
             ing for less than a third of the total fleet capacity. As    States, and two canneries were operating in American
             discussed in the previous Annual Report, about 45            Samoa and two in Puerto Rico. Today only two
             U.S. purse seiners have left the eastern tropical            canneries, both in southern California, remain in
             Pacific since the El Nifio event of 1983-1984 and have       operation in the United States. Three canneries are
             relocated to the western Pacific.                            operating in Puerto Rico and two remain open in
                                                                          American Samoa. The country with the most drama-
                On 12 April 1990, the three largest U.S. tuna             tic increase in canned tuna production during the past
             canners announced that they would no longer purchase         decade is Thailand, which began canning tuna in the
             tuna caught in association with dolphins. In response,       early 1980s and now is o      'ne of the world's largest
             there has been a further exodus of U.S. purse seine          producers. Other nations that substantially increased
             vessels from the eastern tropical Pacific. During            canned tuna production during the 1980s are Italy,
             1991, only 13 U.S. vessels fished for tuna in the            France, Mexico, the Philippines, and C6te d1voire.
             eastern tropical Pacific and, of these, only two to six      More recently, Indonesia has experienced considerable
             vessels fished for tuna by setting on porpoises.             growth in its tuna canning industry and is currently
                                                                          building more canneries.
                Despite the decline of the U.S. fleet in the eastern
             tropical Pacific, the United States remains an impor-           As the eastern tropical Pacific tuna fishery shifted
             tant market for tuna caught in that area. Prior to the       to foreign control, so did the problem of incidental
             announcement by U.S. canners of their "dolphin safe"         dolphin mortality. Recognizing this trend, Congress
             purchasing policy, about 44 percent of tuna caught in        amended the Marine Mammal Protection Act in 1984
             the eastern tropical Pacific was sold in the United          to require foreign nations exporting yellowfin tuna to
             States, about 30 percent in Latin America, about 20          the United States to adopt dolphin-saving programs
             percent in western Europe, and about 5 percent in            equivalent to the U.S. program and to achieve an
             Asia. Although the full extent of any market shift that      incidental mortality rate comparable to that of the
             may have resulted from the "dolphin safe" policy of          U.S. fleet. In 1988, the Act was further amended to
             U.S. canners is unknown, it is believed that the U.S.        provide more specific standards with respect to what
             share of the market for eastern tropical Pacific tuna        would constitute acceptable foreign programs and
             has declined since April 1990.                               comparable mortality rates.

                The decline of the U.S. fleet in the eastern tropical        As discussed below, the Marine Mammal Commis-
             Pacific during the 1970s and 1980s has been offset in        sion, the National Marine Fisheries Service, the U.S.
             large part by a growth of foreign fleets in the area.        Congress, the U.S. tuna industry, the Inter-American
             The Mexican fleet, now with 44 vessels, increased by         Tropical Tuna Commission, and others continued to
             nearly 50 percent during the 1980s to displace the           devote substantial attention to the tuna-porpoise issue
             U.S. fleet as the primary participant in the fishery.        in 1991. Now that the U.S. fleet has largely left the
             Ile Venezuelan fleet more than tripled in size during        fishery and is making very few sets on dolphin
             the 1980s and now has 21 vessels participating in the        schools, most of this effort was directed towards
             fishery. The other major participants in the eastern         seeking further reductions in dolphin mortality by
             tropical Pacific tuna fishery are Vanuatu and Ecuador,       foreign fishing fleets. Discussions of the Commis-
             with ten vessels and nine vessels, respectively. Ecua-       sion's past activities and a summary of earlier efforts
             dor's vessels, however, are not currently fishing for        to resolve the tuna-porpoise problem are presented in
             tuna by setting on dolphins.                                 previous Annual Reports.




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                MARINE MAMMAL COMMISSION - Annual Report for 1991

                The 1991 Tuna Fishing Season                                 longer trade in tuna caught by setting on dolphin and
                                                                             the resulting decrease in sets on dolphins by U.S.
                    In 1980, the National Marine Fisheries Service           vessels. As shown in Table 10, there has been a
                promulgated final regulations establishing annual            steady decline in the number of marine mammal sets
                quotas for individual porpoise stocks and a total            made by U.S. tuna fishermen over the past four years,
                annual allowable take for U.S. fishermen of 20,500           with more than a 90 percent decline occurring in the
                porpoises for the years 1981-1985. A general permit          past two years. The low mortality figure for 1991
                to take porpoises in compliance with those regulations       was not solely attributable to abandonment of the
                was also issued in 1980 to the American Tunaboat             practice of setting on porpoises, however.          The
                Association. In 1984, the Marine Mammal Protection           average dolphin kill for the U.S. fleet was about 2.5
                Act was amended to extend the annual quotas, the             dolphins per set, its lowest mortality rate on record.
                regulations, and the general permit indefinitely and to
                add quotas for eastern spinner and coastal spotted
                dolphins. The U.S. fleet continues to operate under            Table 9. Estimated Incidental Kill of Porpois-
                the 1980 general permit.                                                  es in the Tuna Purse Seine Fishery in
                   Estimates of the annual incidental kill of porpoises                   the Eastern Tropical Pacific Ocean,
                by the U.S. and foreign tuna purse seine fleets since                     1972 - 1"V
                passage of the Marine Mammal Protection Act are                                                       Non-U.S.
                listed in Table 9. Although these are the best avail-             Year        U.S. Vessels              Vessels
                able mortality estimates, it should be noted that many            1972              368,600             55,078
                of the estimates may not be accurate. Substantial
                observer coverage of the U.S fleet did not begin until            1973              206,697             58,276
                1976 and coverage remained below 50 percent until                 1974              147,437             27,245
                1987. Observer data for estimating porpoise mortality             1975              166,645             27,812
                in the non-U.S. fleet is very sparse for all years prior          1976              108,740             19,482
                to 1986. The foreign observer program did not begin               1977               25,452             25,901
                in earnest until 1986, when observer coverage was                 1978               19,366             11,147
                approximately 25 percent.                                         1979               17,938
                                                                                                                          3,488
                   More detailed data for the last four fishing seasons           1980               15,305             16,665
                are provided in Table 10. In addition to annual                   1981               18,780             17,199
                dolphin mortality data, information on mortality rates,           1982               23,267               5,837
                fishing effort, and observer coverage are presented.              1983                 8,513              4980
                Ile 1991 dataset for non-U.S. vessels is not yet
                complete, but estimates based on partial-year data are            1984               17,732             22' 980
                provided. Also, data for revised year 1991 are given              1985               19,205             39,642
                for the U.S. fleet. (As discussed below, on 8 October             1986               20,692             112A2
                1991, the National Marine Fisheries Service changed               1987               13,992             85,185
                the period it would use to make foreign comparability             1988               19,712             59,215
                findings from the calendar year to the period from 1              1989               12,643             84,336
                October to 30 September. Revised year 1991 covers
                the period I October 1990 to 30 September 1991.)                  1990                 5,083            47,448
                                                                                  1991                   812               -
                  Dolphin mortality resulting from U.S. tuna fishing              Estimates, based on kill per set and fishing effort data
                operations in the eastern tropical Pacific during 1991            provided by the National Marine Fisheries Service and
                was the lowest since the purse seine fishery began.               the Inter-American Tropical Tuna Commission, do not
                                                                                  include deaths of seriously injured animals released
                The single most important factor contributing to the              alive.
                reduced mortality was the 12 April 1990 announce-
                ment by major U.S. tuna canners that they would no


                                                                        94






                                                                                Chapter M - Marine Marnm2l-Fisheries Interactions



                 Table- 10. U.S. and Foreign Dolphin Mortality, Kills per Set, Sets on Dolphins, and Percent
                             of Observer Coverage, 1988 - 19911

                                                                                                                   Revised
                                                 1988           1989              1990             199F              9-9-P
                   Dolphin Mortality
                      U.S.                       19,712         12,643            5,083            812             891
                      Foreign                    59,215         84,336          47,448          24-25,000           -
                      Total                      78,927         96,979          52,531          25-26,000           -
                   Kills per Set
                      U.S.                       5.28           3.60              2.75             2.53            1.89
                      Foreign                    10.87          10.87             6.35          3.0-3.2             -
                      Combined                   5.34           3.69              2.81             2.49             -

                   Sets on Dolphins
                      U.S.                       3,766          3,435             1,845             321            471
                      Foreign                    6,749          9,145             8,770            8-9,000         -
                      Total                      10,515         12,580          10,615             8,300-
                                                                                                   9,300
                   Observer Coverage'
                      U.S.                       53.2%          99.0%             100.0%           100.0%          100.0%
                      Foreign                    35.3%          35.5%             40.1%            56.4%            -
                      Combined                   40.4%          48.2%             48.8%            59.7%


                   Data provided by the National Marine Fisheries Service.
                2  Figures for 1991 for other than the U.S. fleet are preliminary estimates provided by the Inter-
                   American Tropical Tuna Commission.
                   On 8 October 1991, the National Marine Fisheries Service issued a final rule changing the
                   period on which foreign comparability findings are based. Data for revised year 1991 cover
                   the period from 1 October 1990 through 30 September 1991.
                4  Observer coverages are given for the percentage of trips observed.



                Final incidental take data for 1991 for the foreign        performance even more dramatically. For the first 10
             fleets are not yet available. Preliminary data suggest        months of 1991, it achieved a mortality rate (1.75
             that the total dolphin mortality for the foreign fleets       dolphins per set) well below that of the U.S. fleet.
             during 1991 will be about 25,000. This would                  Also, observer coverage of foreign tuna fishing in the
             constitute a reduction of nearly 50 percent in foreign        eastern tropical Pacific increased in 1991.
             fleet dolphin mortality since 1990 and a reduction of
             about 70 percent since 1989. These reductions have            Implementation of the 1988 Amendments
             occurred without any appreciable reduction in the
             number of dolphin sets engaged in by foreign purse               In 1988, changes were enacted in the legislative
             seiners and are primarily the result of improved              program governing the take of marine mammals by
                                                        ishing effort.     the U.S. tuna fishery and the importation of yellowfin
             performance rather than decreased f
             Since 1989 and 1989, the mortality rate for the               tuna taken by foreign fleets. These amendments and
             foreign fleet has been reduced by more than two-              steps taken to implement them during 1991 are
             thirds, from more than ten dolphins killed per set to         summarized below.
             about three. The Vanuatu tuna fleet has improved its


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                 MARINE MAMMAL COMMISSION - Annual Report for 1991


                    Domestic Program - Several modifications to the              substantially higher than the average rate for the fleet
                 tuna-porpoise program for U.S. vessels were enacted             will be subject to supplemental training. Continued
                 in 1988. To address the problem of higher dolphin               poor performance may result in suspension or revoca-
                 mortality in night sets, the 1988 amendments specified          tion of a certificate of inclusion. The Service pub-
                 that, effective 1 January 1989, U.S. tuna fishermen             lished an interim final rule on 17 May 1990 establish-
                 setting on marine mammals must complete the process             ing operator performance standards. Ile Service
                 of backdown to remove porpoises from the net no                 indicated in the preamble to the interim rule that it
                 later than 30 minutes after sundown. The restriction            would report on implementation of the performance
                 on sundown sets may be waived for individual vessel             system during the first quarter of 1991. Based on that
                 operators who, based on observer reports, have                  report, the Service planned to propose revised stan-
                 attained an incidental take rate for sundown sets that          dards or replace the interim rule with a final rule.
                 is no higher than the average daytime take rate for the         Because of the changes to the U.S. tuna fishery *in
                 fleet as a whole. No sundown sets were made by                  1990, the report was never prepared and no final rule
                 U.S. tuna fishermen in 1991.                                    has been published.

                    The amendments also required the placement of an                In summary, all of the requirements of the 1988
                 observer on every fishing trip made by U.S. vessels             amendments with respect to the U.S. tuna fleet have
                 during 1989 and subsequent fishing seasons unless,              been implemented. All that remains to be done is
                 for reasons beyond the control of the Secretary, an             issuing final rules to replace the interim rules now in
                 observer is not available. The 100 percent observer             effect regarding vessel operator performance stan-
                 requirement may be waived after the 1991 fishing                dards, sundown sets, experimental fishing permits,
                 season if it is determined that a less extensive observ-        and the use of explosive devices in the yellowfin tuna
                 er program would yield sufficiently reliable informa-           fishery.
                 tion. Full observer coverage was achieved for the
                 U.S. fleet in 1991. There are no plans to decrease                 National Academy of Sciences Study - The 1988
                 observer coverage in 1992.                                      amendments also directed the Secretary of Commerce
                                                                                 to contract with the National Academy of Sciences for
                    Further, the amendments prohibited the use of                an independent review of possible alternative tuna
                 explosives other than Class C pest control devices              fishing methods that do not involve the incidental take
                 (large firecrackers) in the yellowfin tuna fishery by           of marine mammals. Ibis review was to have been
                 U.S. fishermen.       They directed the Secretary to            completed by 8 September 1989 and the results
                 regulate the use of Class C explosives by I April               submitted to Congress by 5 December 1989, along
                 1990 based on a study to determine if such devices              with the Service's proposed plan for researching,
                 result in physical impairment or increased mortality of         developing, and implementing the identified altema-
                 marine mammals. Inasmuch as the Service could not               tives. -
                 determine that Class C explosives do not result in
                 injury, physical impairment, or increased mortality of             Completion of the study is considerably behind
                 dolphins, the Service issued an interim final rule on           schedule. A contract for the study was not concluded
                 29 March 1990 to prohibit the use of all explosives             by the Service and the Academy until September
                 during sets on marine mammals. While the Service                1989. Under the terms of that contract, the study was
                 had expected to publish a final rule to replace the             to have been completed by 10 September 1990.
                 interim rule early in 1991, no such rule was published          Repeated extensions of the performance period of the
                 in 199 1.                                                       contract have been reluctantly agreed to by the Ser-
                                                                                 vice, and the study had not yet been completed by the
                    'Me amendments also directed the Secretary to                end of 1991.
                 develop and implement, by the beginning of the 1990
                 fishing season, a system of performance standards                  Comparability of Foreign Programs - During
                 designed to maintain the diligence and proficiency of           reauthorization hearings on the Marine Mammal
                 vessel operators. Those skippers whose incidental               Protection Act in 1984, the Commission, the National
                 marine mammal mortality rate is consistently and                Marine Fisheries Service, the tuna industry, and the


                                                                             96






                                                                               Chapter III - Marine Marnmal -Fisheries Interactions


             environmental community expressed concern that               and  coastal spotted dolphins may not exceed two
             progress realized by the U.S. fleet in reducing inci-        percent of the nation's total take. Harvesting nations
             dental porpoise mortality was being offset by the high       are also required to comply with all reasonable
             kill rates of foreign fleets. It was believed that, if       requests from the . United States to cooperate in
             further progress were to be made in achieving the            conducting its porpoise stock assessment and monitor-
             Act's goal of reducing incidental mortality to insignifi-    ing program.
             cant levels approaching zero, foreign fleets would
             have to comply with porpoise-saving regulations                  Final regulations implementing the 1988 amend-
             similar to those applicable to the U.S. fleet. There-        ments were published by the National Marine Fisher-
             fore, Congress amended the Act to require that each          ies Service on 30 March 1990. As discussed below,
             nation exporting tuna to this country provide docu-          the comparability provisions and findings made
             mentary evidence that, with respect to regulating the        thereunder were the subject of litigation during 1990
             take of marine mammals, it has adopted a program             and 199 1.
             comparable to that of the United States and that the
             average rate of incidental take by its fleet is compara-         On 28 August 1990, the District Court issued a
             ble to that of the U.S. fleet. Failure to meet these         ruling with respect to the comparability provisions of
             requirements would result in a ban on the import of          the 1988 amendments. It required the Service to
             tuna and tuna products from the nation involved.             embargo yellowfin tuna harvested by foreign fleets in
                                                                          the eastern tropical Pacific until the Service deter-
                The National Marine Fisheries Service did          not    mined that those fleets had achieved a marine mammal
             implement these requirements until 18 March 1988,            mortality rate, by the end of 1989, that was no more
             when it published interim regulations. Dissatisfied          than twice that for the U.S. fleet. Pursuant to the
             with the Service's regulations and the pace at which         Court's order, imports of yellowfin tuna and tuna
             they were developed, Congress amended the Act in             products were prohibited on 6 September 1990. On
             1988 to provide more specific guidance as to when            7 September 1990, affirmative findings were made for
             foreign tuna-porpoise programs would be considered           Venezuela, Vanuatu, Ecuador, and Mexico and the
             to be comparable to that of the United States and to         embargo of tuna from those countries was lifted.
             force timely implementation.         The amendments
             require that, to be found comparable to the U.S.                 'Me finding for Mexico was issued under a provi-
             program, a foreign program must include: (1) by the          sion of the Service's regulations that allowed reconsid-
             beginning of the 1990 fishing season, prohibitions on        eration of a negative finding based on at least six
             encircling pure schools of certain marine mammals,           months of data from the following year. It was based
             conducting sundown sets, and such other activities as        on data from the first eight months of 1990. As noted
             are. applicable to U.S. vessels; (2) monitoring by           below, the embargo of Mexican tuna was later reim-
             observers from the Inter-American Tropical Tuna              posed by the District Court when it ruled that a
             Commission or an equivalent international program;           finding with respect to the quota for eastern spinner
             and (3) observer coverage equal to that for U.S.             dolphins must be based on data from an entire fishing
             vessels unless an alternative observer program with          year. That embargo was stayed by the Ninth Circuit
             lesser coverage is determined to provide sufficiently        Court of Appeals pending appeal of the lower Court's
             reliable documentary evidence of the nation's inciden-       ruling but was reimposed on 22 February 1991, three
             tal take rate. In addition, the average incidental take      days after the Court of Appeals lifted the stay.
             rate for a foreign fleet could be no more than twice
             that of the U.S. fleet by the end of the 1989 season             In response to the April 1990 announcement by
             and no more than 1.25 times the U.S. rate by the end         several U.S. canners that they would no longer
             of the 1990 and subsequent seasons.                          purchase tuna caught in association with dolphins,
                                                                          Ecuador and Panama both passed legislation prohibit-
                Limitations were also placed on the take of coastal       ing their vessels from setting on marine mammals.
             spotted and eastern spinner dolphins. Beginning in           Ile Service, on 16 November 1990, published an
             1989, eastern spinner dolphins may not account for           interim final rule enabling comparability determina-
             more than 15 percent of a nation's total incidental take     tions to be made based upon the passage and effective


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                MARINE MAMMAL COMMISSION - Annual Report for 1991


                implementation of such legislation. Under the interim            Under the 1988 amendments to the Marine Mam-
                rule, tuna from a foreign nation may be imported into         mal Protection Act, the Secretary of Commerce is
                the United States if (1) the laws of that nation prohibit     required to certify to the President when an embargo
                the intentional setting of purse seine nets on marine         of any nation's tuna has been in place for six months.
                mammals; (2) every fishing trip of the nation's fleet         Such a certification is deemed to be a certification for
                is observed by an Inter-American Tropical Tuna                purposes of the Pelly Amendment of the Fishermen's
                Commission or other acceptable observer; and (3) the          Protective Act and may result in import bans against
                observer certifies that no intentional sets on marine         other fish products from the offending nation. On 22
                mammals were in fact made. The Service issued a               August 1991, six months after the embargo of Mexi-
                finding of comparability for Panama under this new            can tuna became effective, the Secretary issued a
                provision on 15 November 1990, and one for Ecuador            certification finding against Mexico. On 22 October,
                on 15 March 1991.                                             the President transmitted a message advising Congress
                                                                              of his finding. His message indicated that, in light of
                   The Service issued another interim rule on 27              the tuna embargo already in effect and ongoing
                December 1990 revising the schedule for submitting            negotiations with Mexico regarding an international
                mortality data and other information upon which               dolphin conservation program, further sanctions would
                comparability findings are based. The rule changed            not be imposed against Mexico at that time.
                the date by which required information for the preced-
                ing fishing season must be provided to the Service               On 15 November 199 1, Venezuela and Vanuatu
                from 31 July to 15 March and required the Service to          were certified by the Secretary. As with Mexico, the
                issue a finding by 31 May. An affirmative finding             President has thus far declined to impose additional
                from the previous year would remain in effect until           sanctions against fish products from those nations
                then. The District Court found this schedule to be            under the Pelly Amendment.
                inconsistent with the provisions of the Marine Mam-
                mal Protection Act and on 26 March 1991 invalidated              On 8 October 1991, the Service published an
                the rule. The Court directed the Service to revoke all        interim final rule setting forth a new schedule for
                findings of comparability and ban tuna imports from           issuing comparability findings. The action was taken
                all foreign nations fishing in the eastern tropical           in response to Court rulings in Earth Island institute
                Pacific until such time as it determined that the nation      v. Mosbacher, discussed below. The rulings required
                has achieved a dolphin mortality rate that is no more         the Service to embargo tuna from nations that purse
                than 1.25 times the U.S. rate. The ruling left intact         seine in the eastern tropical Pacific unless mortality
                the provision that allowed tuna imports from nation's         rate comparability findings have been made by the end
                such as Ecuador and Panama that had enacted and               of each year. Under the Service's interim rule, the
                were enforcing legislation prohibiting fishing for tuna       period from I October to 30 September will constitute
                by setting on dolphins.                                       a fishing year for purposes of comparing foreign
                                                                              dolphin mortality rates with that of the U.S. fleet. In
                   On 7 May 1991, the Service published a notice in           this way, comparisons will be made using data from
                the Federal Register revoking its 27 December 1990            at least a full year, yet the Service will be able to
                rule and announcing that, effective 3 April 1991, tuna        issue its findings before 31 December. Findings
                from Mexico, Venezuela, and Vanuatu had been                  regarding the percentage take of eastern spinner and
                embargoed.       Vanuatu and Venezuela submitted              coastal spotted dolphins will continue to be made on
                mortality data for the 1990 fishing season. While             a calendar year basis.
                both nations satisfied the Marine Mammal Protection
                Act's requirements with respect to the take of eastern           Data for the U.S. fleet for revised fishing year
                spinner and coastal spotted dolphins, neither met the         1991 are presented in Table 10. By switching to the
                mortality rate comparability requirement. The mortal-         new schedule, U.S. dolphin mortality for 1991,
                ity rate for Vanuatu, which was 1.27 times the U.S.           against which foreign performance will be compared,
                rate, just barely failed to meet the 1.25 limit set forth     decreased from 2.53 dolphins per set to 1.89 dolphins
                in the Act. Mexico did not submit any data for 1990.          per set. It is unlikely that any of the nations fishing
                                                                              for tuna by setting on dolphins except Vanuatu will


                                                                          98







                                                                             Chapter III - Marine M-qmmal-Fisheries Interactions


            meet the comparability test based upon data for the             The Service sought and obtained agreement at the
            revised 1991 fishing year.                                   17-20 September 1990 meeting of the Inter-American
                                                                         Tropical Tuna Commission that observer coverage
               The 8 October rule also revised the method used to        should be increased to levels approaching 100 percent.
            calculate mortality rates. Previously, the Service           Consistent with this international agreement, the
            weighted data according to three fishing areas and for       Service, on 18 October 1990, proposed to accept 75
            two species groupings. The weighting process was             percent observer coverage for all fleets in 1991 and
            adopted to treat the various fishing nation more             90 percent coverage for the 1992 and subsequent
            equitably, since incidental take rates vary depending        fishing seasons.
            on fishing location and the stock of dolphins set upon.
            Under the revised approach, the Service will continue           Observer coverage provided by the Inter-American
            to use weighted data when sample sizes for an area           Tropical Tuna Commission since 1987 for the five
            and species grouping are sufficient to do so. How-           major foreign fleets operating in the eastern tropical
            ever, with only two to six U.S. vessels fishing for          Pacific are provided in Table 11. With the exception
            tuna by setting on dolphins, the statistical variability     of Mexico, those nations have increased observer
            of the samples would make such comparisons inappro-          coverage substantially over the past five years. As
            priate in some circumstances. Under the revised ap-          required to guarantee compliance with their prohibi-
            proach, comparability determinations will be based on        tions on setting on dolphins, Panama and Ecuador
            overall, unweighted mortality rates when there are           achieved 100 percent observer coverage in 1991.
            fewer than five sets by the U.S. fleet in an area and        Observer coverage for Vanuatu exceeded 90 percent
            for a species grouping if the foreign nation has any         in 199 1.
            fishing effort for that species grouping in that area.
                                                                            Mexico has announced that it intends to increase
               As noted above, the 1988 amendments require that,         observer coverage of its fleet to 100 percent. Howev-
            before a foreign program may be found comparable to          er, only about one-third of the observers on Mexican
            the U.S. program, the Secretary must determine that          vessels will be provided by the Inter-American Tropi-
            its tuna fishing operations are monitored by Inter-          cal Tuna Commission. The remainder will be provid-
            American Tropical Tuna Commission observers, or an           ed by the Government of Mexico under a separate
            equivalent international program in which the United         observer program. With the assistance of the National
            States participates,and is based upon observer cover-        Marine Fisheries Service, Mexico began training and
            age that is equal to that for U.S. vessels. Since            certifying its own observers in 199 1. While increased
            January 1989, the United States has achieved 100             observer coverage for Mexico should be encouraged,
            percent observer coverage. Under an exception to the         it is not clear whether the planned program will
            general comparability requirement, however, compa-           satisfy the comparability requirements of the Marine
            rable foreign programs may have lesser observer              Mammal Protection Act. As noted above, the Act
            coverage if the Secretary determines that such a             requires observers to be provided by the Inter-Ameri-
            program will provide sufficiently reliable documentary       can Tropical Tuna Commission or an equivalent
            evidence of the average rate of incidental taking by         international program in which the United States
            the harvesting nation.                                       participates.

               The National Marine Fisheries Service determined             Intermediary Nations - The 1988 amendments
            that, for 1990, 33 percent coverage would provide            also restricted tuna imports from third-party nations
            sufficiently reliable data for fleets of 10 or more          seeking to export yellowfin tuna to the United States.
            vessels but that 50 percent observer coverage was            An intermediary nation must certify and provide
            necessary for fleets consisting of five to nine vessels.     reasonable proof that it has acted to prohibit the
            Although the Service found these levels to be statisti-      importation of tuna from any country banned from
            cally acceptable, it noted several benefits that would       directly exporting tuna to the United States. Interme-
            result from higher observer coverage and committed           diary nations have 60 days following the imposition of
            itself to seek 100 percent coverage under the interna-       a U.S. import ban to implement a similar prohibition
            tional observer program.                                     on tuna imports from the embargoed harvesting


                                                                     99






                MARINE MAMMAL COMMISSION - Annual Report for 1991




                Table 11. Percent of Foreign Tuna Fleets with Observers Aboard'


                                           1987             1988             1989             1990             1"1

                      Ecuador              9.5               35.9              34.6             48.3             100.0

                      Mexico               26.8              38.4              35.4             37.6              35.2

                      Panama               12.3              30.0              43.5             47.6             100.0

                      Vanuatu              31.0              30.0              35.4             52.2              94.4

                      Venezuela            21.8              31.3              35.2             37.1              47.9
                  Data provided by the National Marine Fisheries Service.

                nation. Faidure to adopt a parallel import ban within          and Vanuatu must be accompanied by a certification
                six months of U.S. action will prompt certification of         that no yellowfin tuna or tuna products harvested by
                the intermediary nation under the Pelly Amendment to           purse seine vessels of Venezuela or Vanuatu in the
                the Fishermen's Protective Act and may result in               eastern tropical Pacific Ocean are included in the
                restrictions on imports of all or some fish products           shipment. By Federal Register notice of 7 August
                from that nation.                                              199 1, the Service limited the certification requirement
                                                                               regarding yellowfin tuna from Mexico to Costa Rica,
                   These requirements were implemented through an              France, Italy, Japan, and Panama, the five countries
                interim rule issued by the National Marine Fisheries           believed to have recently imported yellowfin tuna
                Service on 7 March 1989 and a final rule issued on 30          from Mexico.
                March 1990. Under those regulations, intermediary
                nations are not required to implement a ban on tuna               As discussed in the Litigation section below, Earth
                imports from a country embargoed by the United                 Island Institute challenged the Service's interpretation
                States if the Service is satisfied that the intermediary       of the breadth of the tuna embargoes required under
                nation imports tuna products only from sources other           the Marine Mammal Protection Act's intermediary
                than the embargoed country. The regulations also               nation provision. It contended that intermediary
                specify that an intermediary nation embargo will only          nation embargoes apply to all yellowfin tuna from the
                apply to yellowfin tuna and tuna products harvested in         intermediary nation regardless of where or how the
                the eastern tropical Pacific by a fishing nation that is       tuna were harvested.
                subject to a primary embargo.                                     As with harvesting nations, intermediary nations
                   On 12 June 199 1, the Service published a notice to         from which tuna has been embargoed for six months
                importers in the Federal Register requiring importers          are to be certified by the Secretary of Commerce and
                to certify that yellowfin tuna shipments to the United         may face additional sanctions under the Pelly Amend-
                States do not contain any yellowfin tuna or tuna               ment. Costa Rica, France, Italy, Japan, and Panama
                products harvested with purse seines in the eastern            were certified on 25 November 199 1; however, no
                tropical Pacific Ocean by vessels from Mexico. Ibis            sanctions on other fish products have been imposed.
                requirement became effective on 24 May 199 1. On 2
                July 1991, a notice with respect to yellowfin tuna                Report to Congress - The 1988 amendments to
                harvested by Venezuela and Vanuatu was published by            the Marine Mammal Protection Act require the
                the Service. In accordance with that notice, shipments         National Marine Fisheries Service to convene annual
                of yellowfin tuna being imported from only three               meetings with representatives of conservation groups,
                countries (Costa Rica, France, and Italy) believed to          the tuna fishing industry, and other interested parties
                have recently imported yellowfin tuna from Venezuela           to discuss the results of efforts to reduce the incidental


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                                                                             Chapter III - Marine Mammid-Fisheries Interactions


            mortality of dolphins in the eastern tropical Pacific        tal take quotas and/or gear requirements of the Ameri-
            tuna fishery and to develop plans for such efforts           can Tunaboat Association's permit to the extent
            during the subsequent year.       The Service is also        necessary to protect the affected stock.
            required to submit a comprehensive report to Con-
            gress by I April 1992 setting forth the results of the          The Service initiated its monitoring program in
            efforts to reduce dolphin mortality and recommenda           1986 and has completed five of the six planned survey
            tions for actions that should be taken to reduce             cruises. In light of the decreased participation of the
            incidental mortality further.                                U.S. fleet in the fishery beginning in 1990 and the
                                                                         corresponding reduction in dolphin mortality, survey
               The Service held the second annual review of its          cruises were not conducted in 199 1. The monitoring
            tuna program on 21-22 January 1991. To meet the I            program was designed to detect changes in the abun-
            April 1992 deadline for submitting its report to             dance of northern offshore spotted dolphins (on the
            Congress, the Service convened the third, and last, of       order of 6 to 10 percent per year), the stock most
            the annual reviews on 13-14 November 1991. In                frequently taken in the fishery. No significant trends
            addition to representatives of conservation groups,          in the abundance of northern offshore spotted, eastern
            U.S. tuna fishermen, U.S. tuna canners, the Marine           spinner, or other dolphin stocks'were detected from
            Mammal Commission, and other Federal agencies,               data collected during the five-year monitoring pro-
            participants included the Inter-American Tropical            grain. However, for such trends to be detected over
            Tuna Commission and representatives of several tuna          the five-year survey period, stock sizes would have
            fishing nations. Data and trends for the 1990 and            had to increase or decrease by roughly 40 to 50
            1991 fishing seasons were presented at the meetings.         percent. Analyses based on data collected by observ-
            Research underway to develop tuna fishing methods            ers onboard tuna fishing vessels also indicate no
            that do not involve setting on dolphins was also             significant trend, suggesting that most dolphin stocks
            discussed.                                                   in the eastern tropical Pacific remained stable during
                                                                         the last half of the 1980s.
               In conjunction with the November meeting, Com-
            mission, representatives held a one-day meeting with            'Me National Marine Fisheries Service convened a
            the staff of the National Marine Fisheries Service to        workshop in November 1991 to assess the status of
            review the scientific and other aspects of the Service's     dolphin stocks in the eastern tropical Pacific. Repre-
            tuna-porpoise program. Based on information pre-             sentatives of the Marine Mammal Commission, the
            sented at the reviews, at the end of 1991, the Com-          Inter-American Tropical Tuna Commission, and the
            mission was preparing a letter to the Service recom-         U.S. tuna industry participated. The findings of the
            mending ways the program might be improved.                  workshop will be presented in a report to Congress
                                                                         early in 1991 prior to hearings on reauthorization of
            Status of Dolphin Stocks                                     the Marine Mammal Protection Act.

               As noted above, the incidental take permit issued            When the monitoring program requirement was
            to the American Tunaboat Association in 1980 was             enacted in 1984, Congress noted the shortcomings of
            legislatively extended, and quotas for eastern spinner       the system then in place to regulate incidental taking
            and coastal spotted dolphins were added, during the          (i.e., determining the status of stocks by comparing
            1984 reauthorization of the Marine Mammal Protec-            estimates of current and historic population abun-
            tion Act. The 1984 amendments also directed the              dance). Congress intended the new program to be the
            Secretary of Commerce to undertake a scientific              "primary ... source of information for monitoring and
            research program to monitor indices of abundance and         assessment of the health and status of affected por-
            trends of dolphin stocks taken incidental to the eastern     poise stocks." Contrary to Congressional expecta-
            tropical Pacific tuna fishery. If, based upon data           tions, however, the monitoring program has not
            collected under the monitoring program and other             proven to be an effective means for determining if
            information, the Secretary determines that the fishery       marine mammal stocks are being adversely affected by
            is having a significant adverse effect on any dolphin        the tuna fishery. In this regard, a draft paper pre-
            stock, the Secretary is required to modify the inciden-


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                 MARINE MAMMAL COMMISSION - Annual Report for 1991


                 pared by National Marine Fisheries Service scientists              19 other groups petitioned the Secretary of Commerce
                 stated:                                                            to list the eastern spinner dolphin as threatened. The
                                                                                    petition indicated that more than 1.5 million eastern
                     "If the recent level of mortality continues and                spinner dolphins had been killed incidental to the
                     given the level of precision in monitoring trends              eastern tropical Pacific tuna fishery since 1959,
                     and abundance, it is unlikely that significant                 reducing the population to approximately 20 percent
                     changes in abundance will be detected in the                   of its original size. The petitioners also noted that,
                     near future. Therefore, managing mortality                     between 1986 and 1990, fishery-related mortality of
                     levels so that they do not exceed some fraction                this stock averaged 13,860 animals per year. The
                     of the expected net production should be consid-               annual mortality during this period constituted about
                     ered as a more reasonable management strategy                  2.4 percent of the population and exceeded the popu-
                     than managing levels based on trends in relative               lation's estimated net productivity rate of two percent.
                     abundance.                                                     The petition also called upon the Secretary to enter
                                                                                    into bilateral or multilateral agreements to conserve
                     Concerned that dolphin stocks had been and                     the species and to eliminate tuna fishing by setting
                 continue to be adversely affected by the tuna fishery,             purse seine nets on dolphins.
                 environmental groups petitioned to have two stocks
                 designated as depleted under the Marine Mammal                        A petition seeking designation of the northern
                 Protection Act and listed as threatened under the                  offshore stock of spotted dolphins (Stenella attenuata)
                 Endangered Species Act in 199 1. Under the Marine                  as depleted was submitted to the Secretary of Com-
                 Mammal Protection Act, any population that is below                merce by Environmental Solutions International,
                 its maximum net productivity level, the lower bound                Greenpeace U.S.A., and seven other groups on 28
                 of the optimum sustainable population range, is                    October 1991. Comparing the historic abundance
                 considered to be depleted. The National Marine                     estimate for this stock adopted by the Service in its
                 Fisheries Service has determined that maximum net                  1980 quota-setting rulemaking (5,030,000) with the
                 productivity in small cetaceans, such as those dolphin             "best available" current population estimate (658,300-
                 species taken incidental to the eastern tropical Pacific           2,205,500), the petitioners assert that the northern
                 tuna fishery, occurs at about 60 percent of carrying               offshore spotted dolphin is well below 60 percent of
                 capacity. A threatened species is one "which is likely             carrying capacity and is therefore depleted.
                 to become endangered in the foreseeable future
                 throughout all or a significant portion of its range."                The Center for Marine Conservation petitioned the
                                                                                    Secretary of Commerce on 30 October 1991 to list the
                     On 2 August 1991, the Committee for Humane                     northern offshore spotted dolphin under the Endan-
                 Legislation and 23 other groups petitioned the Secre-              gered Species Act as threatened. Based on data
                 tary of Commerce to designate the eastern spinner                  published by the National Marine Fisheries Service,
                 dolphin (Stenella longirostris orientalis) as a depleted           the petitioners maintained that the stock had been
                 stock. The petition asserted that a depletion finding              reduced by mortality in the tuna fishery to about 30
                 was warranted because "[i]ncidental catches of this                percent of its original size. In addition, the petitioners
                 population in the tuna purse-seine fishery have re-                noted that annual incidental mortality during 1986-
                 duced it to about 20 percent of its original size over             1990 averaged 48,040 animals, for an annual mortali-
                 the last two decades - declining from about                        ty of about 3.2 percent. In the absence of evidence to
                 2,000,000 to 400,000." The petitioners also noted a                the contrary, mortality rates in excess of two percent
                 recent report published by the National Marine                     per year are assumed to be unsustainable by Service
                 Fisheries Service's Southwest Fisheries Science Center             scientists.
                 that estimated mortality incidental to the tuna fishery
                 to have resulted in a 56 to 74 percent decline in                     The National Marine Fisheries Service published a
                 eastern spinner dolphin abundance since the 1950s.                 notice in the Federal Register on 5 November 1991
                                                                                    finding that the petitions presented substantial infor-
                     On 30 August 199 1, the Center for Marine Conser-              mation indicating that designating the eastern spinner
                 vation, the Committee for Humane Legislation, and                  dolphin as depleted and listing the stock as threatened


                                                                               102







                                                                              CUpter M - Marine Mammal-Fisheries Interactions


            may be warranted.        On 18 December 199 1, the            pants from all nations with a significant interest in the
            Service published a notice that the petitions concern-        fishery, whether members of the Commission or not,
            mg the northern offshore spotted dolphin also present-        was convened and a resolution calling for an expanded
            ed substantial information indicating that the petitioned     porpoise conservation program was adopted.
            actions may be warranted. Public comment on all
            four petitions was invited. The Commission expects               The nations participating in the intergovernmental
    7       to comment on the proposals early in 1992.                    meeting agreed to establish an international program
                                                                          to reduce dolphin mortality in, the eastern tropical
               On 28 October 1991, Earth Island Institute wrote           Pacific tuna fishery. The program has a short-term
            to the.Secretary of Commerce seeking to have the              goal of significantly reducing dolphin mortality and a
            U.S. quota for incidental dolphin mortality reduced to        long-term goal of reducing dolphin mortality to
            zero. In its letter, Earth Island Institute maintained        insignificant levels approaching zero.       Under the
            that the success of U.S. purse seiners that were              agreement, these goals are not paramount, but are to
            catching only "dolphin safe" tuna had demonstrated            be pursued in concert with the goal of maintaining
            that it was economically and technologically feasible         optimal utilization and conservation of the tuna
            to fish for tuna without setting on dolphin. The letter       resource.    Among other things, the international
            also noted that the current level of incidental taking        program calls for (1) limits on dolphin mortality; (2)
            was adversely affecting the eastern spinner dolphin           100 percent observer coverage; (3) research programs
            stock and should be reduced. The Service had not yet          to improve existing fishing gear and techniques and to
            responded to the letter at the end of 1991.                   investigate possible alternative fishing methods that
                                                                          may eliminate dolphin mortality; and (4) a training
            Inter-American Tropical Tuna Commission                       program to improve operator performance throughout
               The Inter-American Tropical Tuna Commission is             the international fleet.
            an international body established in 1949 to study the           The parties to the intergovernmental agreement
            tuna resources of the eastern Pacific Ocean and make          further agreed to convene a follow-up meeting by
            recommendations for the management and conserva-              February 1991 to elaborate on the technical and
            tion of those resources. As the foreign share of the          economic aspects of the international program. That
            purse seine fishery grew, and the associated marine           meeting was held in La Jolla, California, on 16-18
            mammal mortality increased, the role of the Tuna              January 1991. At that meeting, U.S. representatives
            Commission was expanded. Beginning in 1977, the               agreed to set forth requirements which, if met, would
            Tuna Commission was charged with monitoring                   allow a nation's tuna to be imported into the United
            incidental mortality of porpoises throughout the fish-        States. Noting that commitment, the parties to the
            ery, assessing the impact of that mortality on porpoise       intergovernmental agreement expressed their willing-
            stocks, and introducing measures to reduce the level          ness to make their best efforts to: (1) achieve 100
            of take to the maximum extent possible.                       percent observer coverage; (2) contribute to the
                                                                          funding of the Inter-American Tropical Tuna Commis-
               At the Tuna Commission's 26-28 June 1990 annual            sion's observer program; (3) support research pro-
            meeting, the United States proposed that the Commis-          grams to identify and develop alternative fishing
            Sion's porpoise conservation program be expanded to           techniques to catch large yellowfin tuna without
            (1) enhance research into ways to avoid killing por-          setting on dolphins; (4) reduce dolphin mortality in
            poises incidental to purse seine operations; (2) provide      1991 by 50 percent as compared with 1989; and (5)
            100 percent observer coverage on all tuna vessels in          continue to develop and implement a dolphin conser-
            the eastern tropical Pacific; and (3) include interna-        vation program in 1992 and subsequent years.
            tional marine mammal quotas that would be progres-
            sively reduced over time to levels as close to zero as        Legislation
            possible. 71be U.S. proposal was discussed in greater
            detail at a special meeting of the Tuna Commission on            Since enactment of amendments to the Marine
            17-20 September 1990 in Costa Rica. During that               Mammal Protection Act in 1988, various legislative
            meeting, an intergovernmental meeting with partici-           proposals have been introduced that would modify


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                MARINE MAMMAL COMMISSION - Annual Report for 1991


                certain requirements regarding the U.S. tuna-porpoise        percent observer coverage and to prohibit their vessels
                program. The only one of these to be enacted is the          from intentionally setting on dolphins after 1992.
                Dolphin Protection Consumer Information Act, which
                was enacted on 28 November 1990 as section 901 of               H.R. 261 had not been considered by the House of
                the Fishery Conservation Amendments of 1990.                 Representatives at the close of the 1991 Congressional
                                                                             session.
                   The Dolphin Protection Consumer Information Act
                establishes criteria for when tuna and tuna products            As indicated above, the Department of State
                may be labeled "dolphin safe." Contrary to earlier           committed itself at the January 1991 intergovernmen-
                proposals, however, it does not require negative             tal meeting in La Jolla to seek amendments to the tuna
                labeling for tuna caught in ways that may harm               embargo provisions of the Marine Mammal Protection
                marine mammals. To qualify as dolphin safe, tuna             Act. Proposed legislation was transmitted to Congress
                caught in the eastern tropical Pacific must have been        in June 1991. Under the proposal, tuna would not be
                caught by a vessel too small to deploy its nets on           subject to embargo if the harvesting nation (1) partici-
                dolphins or must be accompanied by a certification           pates in an international dolphin conservation program
                from a qualified observer that no dolphin sets were          in which the United States participates; (2) participates
                made for the entire trip on which the tuna was caught.       in research designed to find alternative ways to catch
                In addition, the Act specifies that tuna harvested on        yellowfin tuna without setting on dolphins; (3) has
                the high seas by any vessel engaged in large-scale           100 percent observer coverage; (4) achieved a 50
                driftnet fishing may not be labeled as dolphin safe. A       percent reduction in dolphin mortality in 19911 as
                knowing violation of the labeling requirements is            compared to 1989; and (5) achieved a 60 percent
                punishable by a fine of up to $100,000.                      reduction in dolphin mortality in 1992 as compared to
                                                                             1989. Legislation to give effect to the State Depart-
                   Under the Dolphin Protection Consumer Informa-            ment proposal has yet to be introduced.
                tion Act, the National Marine Fisheries Service was
                required to publish implementing regulations by 28           Litigation Related to the Tuna-Porpoise Issue
                May 1991. Interim regulations were published on 12
                September 1991.                                                 A lawsuit originally filed by Earth Island Institute
                                                                             on 12 April 1988 (Earth Island Institute v. Mos-
                   On 3 January 1991, Representative Barbara Boxer           bacher), before enactment of the 1988 amendments to
                (Democrat-Califomia) introduced H.R. 261, the                the Marine Mammal Protection Act, amendments,
                Dolphin Protection and Fair Fishing Act of 1991.             continued to be an important factor in shaping the
                'Mat bill, if enacted, would revoke the American             U.S. tuna-porpoise program during 1991. Earlier
                Tunaboat Association's general permit on 31 Decem-           rulings in the case focused on the observer require-
                ber 1992 and thereafter prohibit the Secretary of            ments for both the U.S. and foreign fleets. These are
                Commerce from authorizing U.S. fishermen to fish             discussed in the previous Annual Report.
                for yellowfin tuna by intentionally setting purse seine
                nets on marine mammals. During 1992, the U.S.                   Beginning in mid-1990, the focus of the case
                quota would be reduced to 2,500 dolphins. To ensure          shifted to the Act's comparability requirements with
                compliance with these provisions, all U.S. tuna              respect to dolphin mortality rates. As noted above,
                vessels operating in the eastern tropical Pacific would      the 1988 amendments specified that, for a foreign
                be required to carry observers.                              tuna-porpoise program to be found comparable to the
                                                                             U.S. program, the average incidental take rate of that
                   The bill also would modify the foreign comparabil-        nation's fleet must be no more than 2.0 times that of
                ity provisions of the Marine Mammal Protection Act           the U.S. fleet by the end of the 1989 season and no
                by requiring foreign fleets to achieve an incidental         more than 1.25 times the U.S. rate by the end of the
                dolphin mortality rate no greater than 1.0 times the         1990 and subsequent seasons. In addition, a foreign
                U.S. rate by the end of the 1991 fishing season and          program would not be considered comparable to the
                thereafter. In addition, the bill would require compa-       U.S. program if the incidental take of eastern spinner
                rable foreign tuna-porpoise programs to have 100             dolphins exceeded 15 percent, or if the incidental take

                                                                         104






                                                                                Chapter III - Marine Mammal-Fisheries Interactions


             of coastal spotted dolphins exceeded 2 percent, of the        nations until 31 July to provide stock-specific data for
             nation's total incidental take.                               the preceding fishing year. The Court cautioned,
                                                                           however, that, once the necessary reports are filed,
                On 22 June 1990, plaintiffs filed a motion for a           the Service should make prompt decisions as to
             preliminary injunction, asking the District Court to          whether the eastern spinner dolphin and coastal
             enjoin tuna imports from those foreign nations whose          spotted dolphin limits have been exceeded.
             vessels purse seine for tuna in the eastern tropical
             Pacific until such time as the required mortality rate           As required by the Court, the U.S. Customs
             findings had been made by the National Marine                 Service, on 6 September 1990, prohibited imports of
             Fisheries Service. Plaintiffs argued that, as of I            yellowfin tuna and yellowfin tuna products into the
             January 1990, only tuna from countries whose dolphin          United States unless a declaration that the fish were
             kill rate was no more than twice that of the U.S. fleet       not caught using purse seine nets in the eastern
             and whose take of eastern spinner and coastal spotted         tropical Pacific was provided. The embargo applied
             dolphins during 1989 did not exceed the established           to tuna imports from the five nations fishing for tuna
             quotas could be imported. The National Marine                 in the eastern tropical Pacific: Mexico, Venezuela,
             Fisheries Service contended that the comparability            Vanuatu, Panama, and Ecuador. The following day,
             findings must be based on data from the entire 1989           however, the National Marine Fisheries Service
             fishing season and therefore could not be made until          completed its review of the 1999 dolphin mortality
             after 31 July 1990, when data from all 1989 trips             data submitted by Venezuela, Vanuatu, and Mexico
             were available and had been analyzed.                         and, based on those data, issued positive comparabili-
                                                                           ty findings for Venezuela and Vanuatu. The embargo
                On 28 August 1990, the Court issued a preliminary          of tuna from these two countries was immediately
             injunction partially granting and partially denying           lifted. . Data submitted by Mexico revealed a 1989
             Earth Island Institute's motion. The Court ruled that         dolphin mortality rate that was 2.39 times that of the
             the 1988 amendments to the Marine Mammal Protec-              U.S. fleet. In addition, eastern spinner dolphins
             tion Act clearly prohibited, as of the end of 1989, a         accounted for approximately 24 percent of the Mexi-
             positive comparability finding, and tuna imports              can fleet's 1989 incidental mortality. Thus, Mexico
             pursuant to such a finding, for any nation whose              failed to meet either the mortality rate comparability
             vessels had an average incidental take rate that ex-          test or the eastern spinner quota.
             ceeded 2.0 times that of U.S. vessels. The Court
             therefore ordered the Secretary of the Treasury to               Anticipating that its program would not be found
             embargo yellowfin tuna harvested in the eastern               comparable based on 1989 data, Mexico also submit-
             tropical Pacific Ocean by foreign fishermen until the         ted data for the first eight months of 1990, seeking
             required determinations had been made. The Court's            reconsideration of the finding based on the more
             opinion indicated that the Act does not require the           recent performance of its fleet. Based on the partial
             comparison between foreign and U.S. dolphin mortali-          1990 data, which indicated a mortality rate that was
             ty rates to be based upon data for an entire calendar         1.58 times the U.S. rate and an acceptable reduction
             year, but merely for "the same period." Thus, while           in the percentage of eastern spinner dolphins taken,
             the Service could have based its mortality rate com-          the National Marine Fisheries Service also issued a
             parisons on data for the entirety of 1989, it could also      positive finding of comparability for Mexico on 7
             have made findings based upon data from the first six         September 1990. A positive finding was made for
             or eight months of that year.                                 Ecuador on I I September, based upon its enactment
                                                                           of legislation banning its nationals from fishing for
               In contrast to the ruling    regarding total dolphin        tuna by setting on dolphins. This left Panama as the
             mortality rates, the Court ruled that findings based on       only nation affected by the Court-imposed tuna
             the take of eastern spinner and coastal spotted dol-          embargo.
             phins by foreign fleets must be based on data from an
             entire fishing year although they need not be made by            In response to the Service's finding of comparabili-
             the end of a fishing season. As such, the Court left          ty for Mexico, Earth Island Institute, on 17 September
             intact the Service's regulations that gave foreign            1990, sought a temporary restraining order to reim-


                                                                      105







                MARINE MAMMAL COMMISSION - Annual Report for 1991


                pose the import ban against tuna from that country.         argument that the reconsideration provision offers
                Plaintiffs argued that, under the Court's 28 August         foreign nations an incentive to speed up efforts to
                ruling, a foreign incidental mortality rate based on        comply with Marine Mammal Protection Act stan-
                1990 data must be no more than 1.25 times the U.S.          dards. The Court noted that, contrary to this conten-
                rate before the embargo could be lifted. Plaintiffs         tion, the reconsideration provision allowed nations to
                also contended that Mexico's failure to meet the            continually exceed the Act's limits for part of each
                eastern spinner quota for 1989 could be corrected only      year, yet never be subject to an import ban. The
                by meeting the standard for the entirety of 1990.           Court illustrated this point by noting that Mexico,
                                                                            which had exceeded Marine Mammal Protection Act
                   The Court issued a temporary restraining order on        standards for the entirety of 1990, had been subject to
                4 October 1991, again prohibiting the importation of        an embargo for less than one day. Further, the Court
                Mexican tuna. That order was based on a determina-          found the Government's contention that it sought only
                tion that the Marine Mammal Protection Act does not         to provide additional incentives to further dolphin
                permit reconsideration of the eastern spinner finding       protection was belied by the Service's record of non-
                based on data for less than a full fishing season. The      enforcement of the Act's provisions prior to enactment
                Court also ruled that foreign fleets were not required      of the 1988 amendments.
                to achieve a mortality rate that is no more than 1.25
                times the U.S. mortality rate until the end of 1990.            On 15 February 1991, Earth Island Institute filed
                Thus, had it not been for the unacceptably high             another motion in the District Court seeking to enjoin
                mortality of eastern spinner dolphins in 1989, the          tuna imports from all foreign nations fishing in the
                showing by Mexico that its mortality rate for the first     eastern tropical Pacific until the National Marine
                eight months of 1990 was less than twice the U.S.           Fisheries Service determined that those nations had
                rate for the same period would have been sufficient to      achieved a dolphin mortality rate no more than 1.25
                overcome the import ban.                                    times the U.S. rate by the end of 1990. Despite --
                                                                            Court's earlier rulings, the Service, on 27 December
                   At defendants' request, the Court converted the          1990, had issued an interim rule giving tuna fishing
                temporary restraining order to a preliminary injunc-        nations until 15 March 1991 to submit mortality data
                tion on 19 October 1990, clearing the way for an            for the 1990 fishing season and extending the 1989
                immediate appeal. Federal defendants appealed the           comparability findings until 31 May 1991, by which
                District Court ruling to the U.S. Court of Appeals for      time new findings would have been issued. A hearing
                the Ninth Circuit on 22 October 1990, seeking expe-         on the motion was held on 18 March 1991.
                dited review. On 14 November 1990, the Court of
                Appeals granted the Government's motion to stay the             As expected, the Court ruled in plaintiff's favor
                ban on tuna imports from Mexico pending resolution          and, on 26 March 199 1, ordered a prohibition on tuna
                of the appeal. Pursuant to that stay, the import            imports from each nation fishing in the eastern tropi-
                prohibition on Mexican tuna was lifted on 16 Novem-         cal Pacific until such time as the Service made a
                ber 1990. Oral argument of the appeal was heard on          positive finding that the nation has achieved an
                14 February 1991 and, five days later, the Court of         average incidental taking rate that is no more than
                Appeals vacated its stay of the District Court's injunc-    1.25 times the U.S. rate for the same period or until
                tion, reimposing the embargo of Mexican tuna.               the Service determined that the government of the
                                                                            exporting nation has taken sufficient steps to prohibit
                   The Court of Appeals issued its decision on 11           its vessels from setting on porpoises in the course of
                April 1991, affirming the lower Court's ruling. The         fishing for tuna. In accordance with this ruling, tuna
                Court of Appeals, like the District Court, found the        harvested by Venezuela and Vanuatu in the eastern
                statutory language to be clear.       Contrary to the       tropical Pacific, in addition to tuna harvested by
                Service's regulations, which allowed for reconsidera-       Mexico, which already had been embargoed, were
                tion on data from part of a year, the statute required      embargoed on 3 April 1991.
                findings with respect to eastern spinner and coastal
                spotted dolphins to be based on a full year's data.             On 8 August 1991, Earth Island Institute moved to
                The Court also rejected the Service's policy-based          convert four preliminary injunctions into permanent


                                                                        106






                                                                                Chapter III - Marine Mammal-Fisheries Interactions


             injunctions. Those preliminary injunctions concerned          the scope of the secondary embargo is the same as the
             domestic observer coverage (issued on 18 January              scope of the primary import ban. That is, a second-
             1989), 1989 foreign comparability findings (issued 28         ary embargo applies only to yellowfin tuna harvested
             August 1990), the 1990 reconsideration of the compa-          by embargoed fishing nations with purse seine nets in
             rability finding for Mexico (issued 19 October 1990),         the eastern tropical Pacific. Oral argument on this
             and the 1990 foreign comparability findings (issued 26        issue was heard on 23 September 1991. A decision is
             March 1991). On 26 August 1991, plaintiffs filed              expected early in 1992.
             another motion seeking (1) to compel the National
             Marine Fisheries Service to issue regulations to              General Agreement on Tariffs and Trade
             implement the Dolphin Protection Consumer Informa-
             tion Act's ban on importing tuna and other fish                  The General Agreement on Tariffs and Trade
             products harvested with large-scale driftnets and (2) to      (GAYI) is an international agreement that sets forth
             broaden the scope of the intermediary nation tuna             limitations on the use of international trade restric-
             embargoes that had been implemented by the Service            tions, such as taxes, duties, quotas, or unnecessarily
             under the Marine Mammal Protection Act.                       restrictive standards. The agreement was originally
                                                                           drafted in 1947 and currently has over 100 contracting
               'Me Court ruled on the motion to convert             the    parties, including the United States. Trade disputes
             preliminary injunctions to permanent injunctions and          that may arise between contracting parties are settled
             on the motion to compel issuance of regulations in a          either by consultations between the parties or, if
             13 November 1991 order. All of the preliminary                consultations prove unsuccessful, by referral to a
             injunctions were converted into permanent injunctions.        formal dispute panel.
             Under the Dolphin Protection Consumer Information
             Act, the Service was required to issue implementing              On 5 November 1990, Mexico requested consulta-
             regulations by 28 May 1991. While these regulations           tions with the United States concerning the imposition
             had not been issued when the plaintiff's filed their          of tuna import restrictions under the Marine Mammal
             motion on 26 August 1991, the Service issued final            Protection Act.      Consultations were held on 19
             interim regulations on 12 September 1991. Ile Court           December, but failed to resolve the dispute. On 25
             found the interim regulations sufficient to satisfy the       January 1991, Mexico requested that a panel be
             requirements of the Act and denied plaintiff's motion.        established under the General Agreement to resolve
                                                                           the dispute.
                Other than the matter of attorneys' fees, the only
             issue in the case pending at the end of 1991 was the             The panel met three times in May and June 1991
             breadth of the secondary embargoes required under             to hear arguments from Mexico and the United States,
             the intermediary nation provision of the Marine               as well as from other interested parties. Mexico
             Mammal Protection Act. Section 101(a)(2)(C) of the            asserted not only that the Marine Mammal Protection
             Act requires that tuna imports from intermediary              Act's embargo provisions were inconsistent with the
             nations be embargoed unless the government of the             General Agreement, but also challenged the possible
             intermediary nation that exports yellowfin tuna or tuna       broadening of trade sanctions under the Pelly Amend-
             products to the United States certifies that it has acted,    ment, the intermediary nation tuna embargoes, and the
             within 60 days of a U.S. embargo, to prohibit the             tuna labeling provisions of the Dolphin Protection
             importation of such tuna from those nations that are          Consumer Information Act.
             banned from directly exporting tuna to the United
             States. Plaintiffs assert that a secondary embargo               Ile panel delivered its decision to the GATT
             under section 101(a)(2)(C) is broader than the under-         contracting parties on 3 September 1991. The panel
             lying primary embargo and applies to all yellowfin            found the U.S. embargo of Mexican tuna to be
             tuna and tuna products. Plaintiffs also maintain that         inconsistent with the GeneralAgreement. The panel
             the Secretary of the Treasury is not obtaining the            rejected the U.S. position that the embargo was
             required certifications from all intermediary nations         consistent with General Agreement Article III because
             before allowing tuna from those nations to be import-         the Marine Mammal Protection Act constituted an
             ed into the United States. The Service contends that          internal measure that treated foreign caught tuna no


                                                                       107

     M






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                less favorably that tuna caught by the U.S. fleet. The       authorizes, but does not require, trade measures
                panel found that Article III was not applicable in this      inconsistent with the General Agreement is not itself
                instance because the trade measure was not applied to        in conflict with the General Agreement. The tuna
                tuna as a product, but rather to the method of produc-       labeling requirements of the Dolphin Protection
                tion. Having found that Article III did not apply, the       Consumer Information Act were determined to be
                panel determined that the Act's embargo provision            consistent with the General Agreement.
                violated General Agreement Article 3a, which prohib-
                its quantitative restrictions on imports.                       Under GATT procedures, a panel decision does not
                                                                             become effective until it has been adopted unanimous-
                    The panel then considered arguments made by the          ly by the GATT Council. That is, one nation can
                United States that the embargo provision fits within         block adoption of the decision. Shortly after release
                exceptions under Article XX(b) and XX(g) that allow          of the panel's decision, 62 members of the U.S.
                contracting parties to adopt trade measures "necessary       Senate wrote to the President asking that the United
                to protect human, animal or plant life or health" or         States block adoption.       Pending further bilateral
                forelating to the conservation of exhaustible natural        negotiations, Mexico and the United States agreed not
                resources if such measures are made effective in             to have the panel decision considered by the GATT
                conjunction with restrictions on domestic production         Council. Unless and until the Council has adopted the
                or consumption." The panel found that Article XX(b)          decision, the United States is not technically in
                did not apply to measures taken to protect the life or       violation of the General Agreement and is under no
                health of animals beyond the jurisdiction of the             obligation to bring its domestic law into conformance
                country applying the measures. Similarly, the panel          with the General Agreement.
                found that the Article XX(g) exception did not apply
                extrajurisdictionally. To interpret the provision more          Several nations have expressed concern about the
                broadly, the panel stated, would allow contracting           panel's decision and are reviewing potential conflicts
                parties to dictate unilaterally the environmental            between international trade policies and environmental
                policies from which other countries could not deviate        objectives. A GATT working party on trade and the
                without jeopardizing their rights under the General          environment has been reconstituted to study whether
                Agreement.                                                   multilateral agreements may be used as a basis for
                                                                             invoking the Article XX(b) and XX(g) exceptions
                   The panel also determined that, even if the Article       extrajurisdictionally.
                XX exceptions could be applied extrajurisdictionally,
                they would not be available in the case of the tuna
                embargoes. In the panel's view, the United States had
                not demonstrated that the embargoes were "necessary"
                within the meaning of Article XX(b) or "primarily
                aimed at conservation" within the meaning of Article
                XX(g) because there had been no showing that other,
                less restrictive means of addressing the tuna-porpoise
                problem, such as international agreements, were
                unavailable.


                   Using identical reasoning, the panel also found the
                intermediary nation embargo provision of the Marine
                Mammal Protection Act to be inconsistent with the
                General Agreement. The Pelly Amendment provi-
                sions were found not to be inconsistent with the
                General Agreement.       While indicating that trade
                sanctions imposed under the Pelly Amendment would
                likely be found inconsistent with the General Agree-
                ment, the panel stated that a statutory provision that


                                                                         108







                                                           Chapter IV


                  INTERNATIONAL ASPECTS OF NIARINE MAMMAL
                                PROTECTION AND CONSERVATION


               Section 108 of the Marine Mammal Protection Act         Pre-Meeting Activities
            directs that the Departments of Commerce, the
            Interior, and State, in consultation with the Marine          Management Procedure Workshop - At its 1982
            Mammal Commission, seek to further the protection          meeting, the IWC adopted a resolution establishing a
            and conservation of marine mammals under existing          moratorium on commercial whaling, effective with the
            International agreements and take such initiatives as      198511986 pelagic and the 1986 coastal whaling
            may be necessary to negotiate additional agreements        seasons. The moratorium provision called on the
            required to achieve the purposes of the Act. In            IWC to, among other things, undertake a compre-
            addition, section 202 of the Marine Mammal Protec-         hensive assessment of the effects of this decision on
            tion Act directs that the Marine Mammal Commission         whale stocks and to consider alternative management
            recommend to the Secretary of State and other Federal      procedures. To guide its Scientific Committee in this
            officials appropriate policies regarding international     task, in 1987 the IWC set forth the following three
            arrangements for the protection and conservation of        general management objectives:        (1) the risk of
            marine mammals.                                            depleting a stock below some chosen level (e.g., some
                                                                       proportion of its carrying capacity) must be accept-
               The Commission's activities in 1991 with respect        able; (2) catch limits should be stable over time to
            to the International Whaling Commission, alleviating       allow orderly development of the whaling industry;
            the widespread impacts of high seas driftnet fisheries     and (3) catch limits should seek to achieve the highest
            on marine resources, the conservation and protection       possible continuing yield from the stock.
            of marine mammals in the Southern Ocean, and the
            Convention for the Protection and Development of the          The IWC Scientific Committee held a series of
            Marine Environment of the Wider Caribbean Region           workshops to examine five potential revised manage-
            are discussed below.                                       ment procedures to assess the status of whale stocks
                                                                       and to serve as the basis for recommending catch
                                                                       quotas. The fourth workshop, held on 5-12 December
              Internaflonal WhAng ComnflWon                            1990 in Tokyo, Japan, was convened to review results
                                                                       of tests using the five candidate management proce-
               During 1991, representatives of the Marine Mam-         dures and to identify further tests to be undertaken
            mal Commission and its Committee of Scientific             and reviewed during the 1991 meeting of the Scienti-
            Advisors consulted with the U.S. Commissioner to the       fic Committee. During the December workshop, a
            International Whaling Commission (IWC) in prepara-         recommended approach for comparing the five candi-
            tion for the 43rd annual meeting of the IWC. They          date procedures was developed to help meet the goal
            participated in meetings of the IWC and its Scientific     of presenting a recommended "best" procedure to the
            Committee and worked with the U.S. Commissioner            Scientific Committee and the IWC at their 1991
            to the IWC, the Department of State, and others on         meetings.
            related post-meeting actions. Activities taking place
            before, during, and after the 1991 annual meeting of          Although the United States did not participate
            the IWC are discussed below.                               directly in developing the candidate procedures,


                                                                   109






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                members of the U.S. delegation to the Scientific Com-        1991 Meeting of the IWC
                mittee (including members of the Marine Mammal               and its Scientific Committee
                Commission's Committee of Scientific Advisors)
                participated in intercessional workshops. In preparing          Meinbership and PkKicipation - The 43rd
                for the 1991 meeting of the Scientific Committee, they       meeting of the Scientific Committee of the IWC was
                also reviewed the results of the simulation studies          held 10-20 May 1991 in Reykjavik, Iceland. Follow-
                conducted at the Tokyo workshop.                             ing the Scientific Committee meeting, representatives
                                                                             of 30 of the 37 member nations participated in the
                   Comprehensive Assessment of North Atlantic                43rd annual meeting of the IWC on 27-31 May
                Fin Whales - As noted above, the 1982 moratorium             Reykjavik.
                provision called upon the IWC to undertake a compre-
                hensive assessment of the effects of the moratorium             At its 1990 meeting, the IWC deferred consider-
                decision on whale stocks, the purpose being to deter-        ation of lifting the 1982 moratorium on commercial
                mine if catch limits should be set at levels other than      whaling pending development of a revised manage-
                zero. At its 1986 meeting, the rWC Scientific Com-           ment procedure by its Scientific Committee. As
                mittee agreed that the comprehensive assessment              described below, the Scientific Committee put forward
                would include an in-depth evaluation of the status of        its best candidate for such a procedure in 1991 and its
                all whale stocks. For each stock, this would include         adoption by the IWC has set the stage for future
                examination of current stock size, recent population         consideration of commercial catch limits other than
                trends, carrying capacity, productivity, and other           zero. The implications for such a decision on the
                relevant biological information. The Scientific Com-         conservation of whale stocks and for the United States
                mittee identified three work components of the com-          are discussed below.
                prehensive assessment:      (1) a review of current
                knowledge concerning methodology, stock identity,               Comprehensive Assessments - As noted above,
                and data availability; (2) identification and collection     the 1982 moratorium called upon the IWC to under-
                of data required for the comprehensive assessment;           take, by 1990 at the latest, a comprehensive assess-
                and (3) examination of possible alternative manage-          ment of the effects of the moratorium decision on
                ment regimes.                                                whale stocks and to consider establishing catch limits
                                                                             other than zero. To date, the Scientific Committee
                   At its 1990 meeting, the IWC Scientific Committee         has completed or attempted to complete compre-
                agreed to convene a special intercessional meeting on        hensive assessments for eastern North Pacific gray
                26 February-3 March 1991 in Reykjavik, Iceland, to           whales (April 1990); Southern Hemisphere minke and
                conduct a comprehensive assessment of North Atlantic         North Atlantic minke whales (June 1990); North
                fin whales. During the meeting, participants consid-         Atlantic fin whales (February 1991); North Pacific
                ered stock definition, abundance estimates, population       minke whales (May 1991); and Bering-Chukchi-
                models, ecological interactions, and additional re-          Beaufort Seas bowhead whales (May 1991).
                search needs. The meeting was generally unsuccess-
                ful.  Information proved insufficient to allow a                The comprehensive assessments have been difficult
                determination as to whether there were two or more           to carry out, largely because of uncertainties concern-
                discrete fin whale stocks in the North Atlantic, and no      ing key issues, such as stock discreteness and mixing
                conclusions were reached regarding population size.          rates, interpretation of abundance trends, appropriate
                The workshop participants therefore recommended,             maximum sustainable yield rates and levels, and the
                among other things, that additional data from DNA            integration of biological information into assessment
                and/or photographic identification studies be collected      models. At its 1991 meeting, the Scientific Commit-
                to answer questions regarding stock structure and to         tee noted that these were the same difficulties that
                complete other aspects of the assessment of North            resulted in the failure of the previously used manage-
                Atlantic fin whales.                                         ment procedure, and that they continued to prevent
                                                                             the Committee from reaching agreement on stock


                                                                        110






                                                                                                     Chapter IV - International


            status. The Committee agreed that, for future assess-       the wide range of the confidence intervals for these
            ments, it would need to determine first whether             estimates, it was impossible for the Committee to
            adequate data were available. If not, data needs            advise the IWC on the effect of the 1982 moratorium
            would have to be identified and satisfied before            decision on the Okhotsk Sea-West Pacific stock of
            proceeding with the assessment. To address these            minke whales.
            problems, the Committee established a working group
            on population assessment models to develop reliable            Regarding future comprehensive assessments, the
            population models to integrate biological and abun-         Scientific Committee recommended, and the IWC
            dance data.                                                 agreed to consider, all Southern Hemisphere baleen
                                                                        whales (except minke and right whales) and North
               As discussed in Chapter II, at its 1991 meeting, the     Atlantic minke, fin, and sei whales at its 1992 meet-
            Scientific Committee undertook a comprehensive              ing. A steering group for baleen whale assessments
            assessment of the Bering-Chukchi-Beaufort Seas stock        was established and is scheduled to meet in Copenha-
            of bowhead whales. The assessment produced a new            gen on 2-6 March 1992.
            estimated initial (1848) population size of 12,400-
            18,200 whales; a current population estimate of 7,500          Revised Management Procedure - As noted
            whales (95 percent confidence interval 6,400 to             above, the 1982 moratorium provision called upon the
            9,200); a provisional rate of annual increase of 3.1        IWC to undertake a comprehensive assessment of the
            percent (95 percent confidence interval 0. 1 percent to     effects of the whaling moratorium on whale stocks.
            6.2 percent) from 1978 to 1988; and a minimum               Ile IWC subsequently agreed with a recommendation
            estimate of annual replacement yield of 92 whales.          of its Scientific Committee that this should include an
            This new assessment suggests that the Bering-Chuk-          examination of alternatives to its management proce-
            chi-Beaufort Seas stock has increased under relatively      dure for calculating whaling quotas. T11e Scientific
            consistent subsistence catches of approximately 0.3         Committee began developing a revised management
            percent per year and that the stock may be closer to        procedure and assessing candidate procedures during
            its maximum net productivity level than previously          a series of workshops and special meetings beginning
            thought.                                                    in 1989.

               The Scientific Committee also conducted a compre-           The Committee reviewed results of the December
            hensive assessment of western North Pacific minke           1990 workshop in Tokyo and, at its 1991 meeting, it
            whales at its 1991 meeting. It concluded that there         recommended adoption of a single-stock management
            are at least two stocks of minke whales - the Ok-           procedure developed by J. Cooke.         Based on an
            hotsk Sea-West Pacific stock and the protected Sea of       assumption that long-term management of a population
            Japan-Yellow Sea-East China Sea stock - that mix to         should not allow it to be reduced below 72 percent of
            some unknown degree in the area north of Japan in           the stock's carrying capacity or pre-exploitation size,
            early spring.    The Committee concluded that, if           the procedure would: (1) establish catch limits of
            exploited, individuals from both stocks would be            zero for stocks found to be below 54 percent of their
            likely subject to harvests in the area where they           carrying capacity size, and (2) reduce catch limits
            overlap and, therefore, each stock would need to be         from maximum level, when the stock is at its carrying
            managed separately. Despite inadequate biological           capacity size, to zero, as a stock approaches 54
            information, the Committee concluded that, for the          percent of its carrying capacity size.
            Okhotsk Sea-West    Pacific stock, the best estimate of
            population size in the Okhotsk Sea was 19,209 ani-             The IWC subsequently adopted by resolution the
            mals (95 percent confidence interval 10,069 to              recommended single-stock procedure. As a related
            36,645) and the best estimate of population size in the     matter, the resolution also requested the Scientific
            northwest Pacific was 5,841 animals (95 percent             Committee to address the development of a multi-
            confidence interval of 2,835 to 12,032) with a com-         stock management procedure and provide advice on
   7        bined population size of 25,049 whales (95 percent          the minimum standards for data, including coverage
            confidence interval of 13,689 to 45,835). Because of        and methodology for sighting surveys, analytical tech-






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                niques, and acceptable levels of precision necessary to     scientific purposes, provided that the TWC and its
                implement the recommended revised management                Scientific Committee have an opportunity to review
                procedure. To speed its work, the IWC asked its             and comment on the research proposals. Since 1985,
                Scientific Committee to convene an intercessional           the IWC has adopted resolutions setting forth research
                workshop and special meeting to consider the IWC's          criteria and guidelines governing its review of such
                recommendations. The intercessional workshop is             proposals.    Acting on advice from its Scientific
                scheduled for 24-28 February 1992 and the special           Committee, the IWC has also adopted non-binding
                meeting of the Scientific Committee for 2-6 March in        resolutions calling upon member nations to refrain
                Copenhagen.                                                 from issuing or to reconsider proposed special permits
                                                                            that do not fully satisfy the IWC research criteria and
                   Aboriginal/Subsistence Whaling - During its              guidelines.
                1991 meeting, the IWC adopted the following aborigi-
                nal subsistence catch limits:                                  At its   1991 meeting, the Scientific Committee
                                                                            considered research proposals from the Soviet Union
                ï¿½  Bering-Clzukchi-Beaufort Seas stock of bowhead           to take 90 minke whales in the Okhotsk Sea and from
                   whales (taken by Alaska Eskimos) - 141 total             Japan to take up to 330 Antarctic minke whales. As
                   strikes for the years 1992, 1993, and 1994 with no       mentioned above, during its 1991 assessment of
                   more than 54 whales struck and no more than 41           western North Pacific minke whales, the Scientific
                   landed in any one year, and a maximum of 13              Committee commented on the uncertainties concerning
                   unused strikes that may be carried over ftom. the        the number and discreteness of minke whale stocks in
                   period 1989 to 1991;                                     the Okhotsk Sea and noted that, without better infor-
                                                                            mation, it was not possible to assess the effects of the
                ï¿½  Eastern North Pacific gray whales (taken by Soviet       proposed Soviet catch. In addition, the Scientific
                   Eskimos) - 179 whales for each of the years 1992,        Committee noted that the Soviet proposal provided
                   1993, and 1994;                                          insufficient information to assess either the program's
                                                                            objectives, methodology, and minimum sampling
                ï¿½  West Greenlandfin whales (taken by Greenland) -          needs for the coming and subsequent field seasons, or
                   21 whales for 1992; and                                  the degree to which non-lethal techniques could be
                                                                            used as alternatives to killing whales. In view of the
                ï¿½  West Greenland minke whales (taken by Green-             Scientific Committee's @omnients, the IWC adopted a
                   land) - 315 total strikes for the years 1992, 1993,      resolution requesting the Soviet Union to refrain from
                   and 1994 with no more than 115 whales struck in          issuing a permit for the proposed catch.
                   any one year.
                                                                               With respect to the Japanese proposal, the Scientif-
                   No changes were made in catch limits for other           ic Committee noted that the proposed research was
                aboriginal subsistence whaling adopted at previous          essentially a continuation of the program that it had
                meetings. They remained as follows:                         reviewed extensively during previous meetings.
                                                                            Therefore, the IWC again adopted a resolution invit-
                ï¿½  East Greenland minke whales (taken by Greenland)         ing Japan to reconsider its research whaling program.
                   - 12 whales for the years 1990, 1991, and 1992;
                   and                                                         Small Cetaceans - Because the Whaling Conven-
                                                                            tion itself neither lists nor defines the species it was
                ï¿½  Humpback- whales (taken by St. Vincent and the           created to manage, there has been extensive debate
                   Grenadines) - 3 whales for the 1990/1991 and             over the IWC's competence to regulate catches of
                   1992/1993 seasons.                                       small cetaceans, particularly as such regulation would
                                                                            relate to the rights of coastal states to regulate small
                   Special Permits for Scientific Research Whaling          cetacean catches within their respective Exclusive
                - The IWC conservation program allows member                Economic Zones. Despite a lack of consensus on this
                nations to issue special permits to take whales for         issue, the IWC adopted a resolution in 1980 that:

                                                                         112






                                                                                                         Chapter IV - Intemational


             (1) noted that the question of the IWC's competence             At its 1991 meeting, the working group reviewed
             over small cetaceans was not resolved; (2) recom-            subsistence whaling programs in Greenland and
             mended that the Scientific Committee's subcommittee          Alaska. Denmark presented information that, as of I
             on small cetaceans continue to review the status of          April 1991, its whaling vessels were permitted to use
             small cetaceans, and develop advice on their conserva-       only "penthrite" grenade harpoons to take minke and
             tion; and (3) invited all contracting governments to         fin whales. (The penthrite harpoon, developed by
             consider that advice.                                        Japan in the early 1980s, has been shown to signifi-
                                                                          cantly reduce the time required for a struck whale to
                At its 1990 meeting, the IWC adopted a resolution         die.) The United States presented a report by the
             requesting the Scientific Committee to compile infor-        Alaska Eskimo Whaling Commission on steps it had
             mation on the status of small cetacean stocks subject        taken to improve harpoons and to train whalers in the
             to significant directed and incidental takes and the         use of the penthrite grenade harpoon to take bowhead
             effect of those takes on the stocks. The Scientific          whales.
             Committee presented its report to the IWC at the 1991
             meeting. The report noted that three species of small           The Technical Committee's last comprehensive
             cetaceans are critically endangered - the Gulf of            review of humane killing methods took place in 1980
             California harbor porpoise, or vaquita, (see Chapter         and new information has since been developed on the
             R), the Indus river dolphin (susu), and the Chinese          efficiency and physiological effects of killing methods.
             river dolphin (baiji) - and recommended immediate            Noting this, the IWC adopted a resolution calling for
             steps to protect them. The report also noted that the        a workshop to: (1) review killing methods currently
             1WC-sponsored Workshop on Mortality of Cetaceans             in use or under development, and (2) assess and
             in Passive Fishing Nets and Traps, held in 1990 (see         compare the their efficiency. A steering group for the
             the previous Annual Report), reviewed information on         workshop was formed and is expected to meet on 20-
             the incidental take of small, as well as large, cetaceans    22 June 1992, prior to the next IWC meeting.
             in high-seas driftnet fisheries and concluded that this
             take is largely undocumented.                                   Review of Catch 1imits for Commercial Whal-
                                                                          ing - As noted above, the 1982 moratorium provides
                At its 1991 meeting, the IWC adopted a resolution         for consideration of catch limits other than zero, based
             commending the Scientific Committee for its work             on the results of the comprehensive assessment of
             and adopting the report's recommendations. It also           whale stocks. With the IWC's 1991 adoption of a
             requested that its Secretariat forward the report to the     revised management procedure for calculating catch
             United Nations for consideration at the 1992 United          limits, the Scientific Committee was given the task of
             Nations Conference on Environment and Develop-               advising the IWC on implementation of the procedure.
             ment, as well as to non-contracting governments,             It is expected to do so at its 1992 meeting. However,
             intergovernmental organizations, and other appropriate       during the 1991 meeting, some IWC member nations
             groups.                                                      argued that catch limits for certain whale stocks
                                                                          should be set and commercial whaling resumed under
               Humane 101ing - At its 1980 meeting, the IWC               interim provisions until the revised management
             adopted a resolution calling for a prohibition on the        procedure was in place. Specifically, the Government
             use of the "cold" or non-explosive harpoon for killing       of Japan proposed an interim take of 50 western North
             cetaceans. This measure resulted from concern that           Pacific minke whales and the Government of Iceland
             the non-explosive harpoon, used to improve the               proposed an interim take of 92 fin and 192 minke
             condition of the harvested product, prolonged the time       whales ftom the North Atlantic. Other members
             it takes a whale to die and its use was, therefore,          argued that it was inappropriate to discuss interim
             morally indefensible. As a result, the IWC Technical         catch limits in light of the IWC's previous resolution
             Committee established a working group on humane              to refrain from considering new commercial catch
             killing methods to review annually information on            limits until the revised management procedure was
             development of humane techniques to kill whales.             implemented and the comprehensive assessments were
                                                                          completed.


                                                                      113






               MARINE MAMMAL COMMISSION - Annual Report for 1991


                  During the discussion, Iceland's Commissioner to            As noted in past Annual Reports, the Secretary of
               the IWC cited past rWC resolutions asking Iceland to        Commerce certified Japan under the Packwood-
               refrain from issuing special permits for research           Magnuson and Pelly Amendments on 9 February 1988
               proposals, its refusal to reclassify Icelandic minke        for authorizing a research take. On 6 April 1988, the
               whale stocks despite a Scientific Committee recom-          President directed the Secretary of State to withhold
               mendation to do so, and its decision to delay the           100 percent of Japan's allocation of fish from U.S.
               implementation of the revised management procedure          waters pending further review. After each annual
               by asking the Scientific Committee for advice on how        meeting of the IWC in 1988, 1989, and 1990, U.S
               to do so. Given these actions, the Commissioner             and Japanese officials and scientists have met to
               stated that the organization is fundamentally flawed        discuss revisions or reconsideration of the Japanese
               and that he would propose to his Government that            research whaling program. Despite disapproval of the
               Iceland withdraw from the IWC. Under Article )U of          technical merits of the program by the IWC, Japan
               the Whaling Convention, any contracting government          has carried out its research program and killed South-
               may withdraw from the Convention on 30 June of any          ern Hemisphere minke whales.
               year by giving notice to the depository government of
               its intention to do so on or before I January of the           As mentioned above, the IWC noted that Japan's
               same year. Subsequently, by letter of 27 December           1991 research proposal was essentially a continuation
               1991, the Government of Iceland notified the United         of the previous program that failed to meet established
               States, in its role as depository government for the        criteria for lethal whale research programs. The IWC
               Convention, that it had filed such a notice and that        again adopted a resolution calling on Japan to recon-
               Iceland intended to withdraw from the International         sider its research program take of up to 330 minke
               Convention for the Regulation of Whaling on 30 June         whales from Area IV of the Antarctic.
               1992.
                                                                              Following the 1991 IWC meeting, Japanese offi-
               Post-Meeting Activities                                     cials and scientists presented U.S. officials with a
                                                                           revised scientific whaling research proposal and, as in
                                                                           previous years, asked that it be reviewed by U.S.
                  Scientific Research Permits - Ile United States
               has considered failure to follow resolutions adopted by     scientists before it was submitted to the IWC. Princi-
               the IWC on scientific research to be grounds for            pal changes in the program included the addition of
               certification under two provisions of domestic law -        two sighting vessels (for a total of five vessels) for
               the Packwood-Magnuson Amendment to the Mag-                 abundance surveys.      The Japanese scientists also
               nuson Fishery Conservation and Management Act and           agreed that, given the number of animals to be taken,
               the Pelly Amendment to the Fishermen's Protective           they would be able to calculate only average mortality
               Act. Certification under the Packwood-Magnuson              rates rather than age-specific mortality rates, which
               Amendment mandates an immediate 50 percent                  had been one of the major objectives of its research
               reduction in the offending nation's fishery allocation
               from U.S. waters. Under the Pelly Amendment, the               Members of the Marine Mammal Commission's
               President has discretion to impose economic sanctions       Committee of Scientific Advisors and other U.S.
               by restricting imports of fish and fish products into       scientists reviewed the revised Japanese research
               the United States from the certified nation.                proposal. The reviewers concluded that: (1) the
                                                                           revised program continued to suffer from technical
                  At past meetings, the IWC adopted a        series of     inconsistencies that had been noted in reviews of
               resolutions asking Japan to refrain from and reconsid-      previous Japanese proposals; (2) it failed to reflect
               er authorizing the lethal take of Antarctic minke           progress towards addressing the concerns identified by
               whales for research purposes. Despite these resolu-         the IWC Scientific Committee; and (3) it was not
               tions, Japan took 272 whales during the 1987/1988           clear whether the proposed objectives would contrib-
               season, 241 whales during the 1988/1989 season, 330         ute significant information to the IWC conservation
               during the 1989/1990 seasons, and 327 minke whale           program, particularly with respect to information
               during the 1990/1991 season.

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                                                                                                       Chapter IV - Internatiorial


            needed to make use of the revised management proce-          propose a lethal take of whales in 1990 and if the
            dure.                                                        IWC continued to find that the research proposal
                                                                         failed to satisfy all applicable research criteria, Nor-
                By letter of 6 November 199 1, the IWC Secretariat       way would be certified. At its 1990 meeting, the
            notified member nations that Japan had provided a            IWC adopted a resolution noting that Norway's
            revised research plan for the 1990/ 1991 field season.       proposed take of five North Atlantic minke whales did
                                                                         not meet all scientific research criteria and it called
                As noted in previous Annual Reports, the Secretary       upon Norway to reconsider its decision to issue the
            of Commerce certified Norway in 1986 under the               special permit. On 10 August 1990, Norway advised
            Pelly and Packwood-Magnuson Amendments for                   the IWC Secretariat that it planned to issue the special
            exceeding quotas adopted by the IWC for North                permit. Subsequently, five minke whales were taken.
            Atlantic minke whales. The President chose not to
            impose sanctions against Norway under the Pelly                 By letter of 19 October 1990, the Secretary of
            Amendment because the Norwegian Government                   Commerce wrote to the President certifying that,
            announced its intent to suspend commercial whaling           under the Pelly Amendment, he had found Norway's
            indefinitely after 1987, thereby demonstrating efforts       scientific research activities to be diminishing the
            to bring its whaling program into conformance with           effectiveness of the IWC conservation program. On
            the IWC conservation program.                                19 December 1990, the President advised Congress
                                                                         that he had received the certification finding, but that
                At the 1988 IWC meeting,       Norway submitted a        he chose not to impose sanctions against Norway in
            scientific research proposal involving the killing of 35     light of significant improvements in its research
            minke whales in the North Atlantic. After reviewing          program.
            the proposal, the IWC adopted a resolution expressing
            a majority view that its criteria for research involving        Norway did not present a proposal for a scientific
            the killing of whales had not been fully satisfied and       catch of whales at the May 1991 meetings of the IWC
            calling upon Norway to refrain from issuing a special        and its Scientific Committee. Instead, Norwegian
            permit. Although Norway took 29 minke whales that            scientists provided members of the Scientific Commit-
            summer, the U.S. Secretary of Commerce withheld              tee with documents describing the ecological impor-
            certification in view of Norway's intention to modify        tance of minke whales in the northeast Atlantic Ocean
            its research program to better reflect the advice of the     and the objectives of the Norwegian marine mammal
            IWC. By the time of the 1989 IWC meeting, the                research program.
            program was not significantly improved and a resolu-
            tion was again adopted calling on Norway to reconsid-           On 16-17 September 1991, Norwegian and U.S.
            er its lethal research catches.     After the meeting,       officials and scientists met in Washington, D.C., to
            Norway issued a special permit for the research,             discuss IWC issues and Norway's marine mammal
            allowing the take of 17 minke whales.                        research program. During the meeting, the Norwe-
                                                                         gians provided a revised proposal entitled "A Re-
                In light of Norway's action, the      United States      search Proposal to Evaluate the Ecological Importance
            began to prepare a certification action. Norwegian           of Minke Whales in the Northeastern Atlantic," and
            and U.S. officials met in November 1989 to review            asked U.S. scientists to comment on it. The proposal
            Norway's research program and to discuss Norway's            sought to address the relationships between minke
            intentions in view of the pending certification. On          whales and their prey species, and to estimate minke
            3 January 1990, the Marine Mammal Commission                 whale energetic requirements. It calls for a take of
            provided the National Oceanic and Atmospheric                110 minke whales in the North Atlantic in 1992 and
            Administration with a summary of actions regarding           136 minke whales in each of 1993 and 1994. The
            Norway's research whaling, noting that certification         proposal was reviewed by members of the Marine
            was justified. On 9 February 1990, the Secretary of          Mammal Commission's Committee of Scientific
            Commerce advised Norway's Ministry of Foreign                Advisors and scientific staff of the National Marine
            Affairs that, if Norway subsequently decided to              Fisheries Service.

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                MARINE MAMMAL COMMISSION - Annual Report for 1991


                   By letter of 18 December 1991, the National              by activities other than direct exploitation or that the
                Marine Fisheries Service advised the head of the            exploitation of whales may affect other components of
                Norwegian scientific delegation that, while most            the ecosystem of which they are a part. The Commis-
                reviewers felt that the basic structure of the research     sion also noted that the Convention includes a provi-
                program was well conceived, they questioned the             sion that allows governments to issue special permits
                relevance of the program to the IWC's revised man-          to their nationals for lethal takes of whales for re-
                agement procedure and to its program in general.            search, with or without the approval of the IWC.
                Some reviewers expressed the view that the newly
                adopted revised management procedure obviated the              The Commission further pointed out that, while the
                need for the biological information on either the           revised management procedure adopted by the IWC at
                whales or their prey that would be generated by the         its 1991 meeting is a sincere effort to improve the
                Norwegian program.                                          management of the whaling industry, it is based upon
                                                                            traditional single-species, maximum sustainable yield
                   Marine Mammal Commission's Review of the                 concepts and as yet unverified density-dependent
                IWC Conservation Program - In 1991, the Marine              assumptions. Thus, by itself, it does not constitute a
                Mammal Commission, in consultation with its Com-            significant revision of the IWC conservation program.
                mittee of Scientific Advisors, undertook a comprehen-       For example, it still fails to address necessary man-
                sive review and assessment of the 1946 International        agement measures for monitoring the status of target
                Convention for the Regulation of Whaling, issues            stocks and for verifying or enforcing compliance with
                currently before the IWC, and options for the future        catch quotas and other regulations.
                direction of the IWC conservation program. By letter
                of 5 December 1991 to the U.S. Commissioner to the             IMe Commission also urged that, before consider-
                IWC, the Marine Mammal Commission noted that the            ing lifting the moratorium on commercial whaling, the
                IWC is at a critical stage in its history and that past     United States and other member nations rnu
                U.S. positions and approaches on key issues merited         minimum, be assured that: (1) research and monitor-
                a thorough reconsideration. It also noted that U.S.         ing measures are adequate to verify, with reasonable
                positions on the issues facing the IWC had important        certainty, that exploited populations remain v
                implications for U.S. policy in many other intema-          their optimum sustainable ranges (i.e., a population
                tional arenas. The Commission therefore developed           size between maximum net productivity level and the
                and attached to its letter a discussion paper that          maximum size supportable within the ecosystem);
                reviewed the major issues confronting the IWC,              (2) no catches are allowed from any depleted stocks
                assessed possible U.S. positions on these issues, and       (i.e., stocks below 60 percent of initial size);
                recommended positions that the United States might          (3) catches, in conjunction with other human activities
                take in order to maintain and improve the JWC               or natural events affecting the cetacean stocks, do not
                conservation program.                                       result in unsustainable mortality levels or reduce
                                                                            population levels more rapidly than can be detected by
                   While the Marine Mammal Commission concluded             a monitoring program under the revised management
                that cetacean conservation would best be served in the      procedure; (4) effective catch verification, enforce-
                foreseeable future by maintaining the IWC, it also          ment, and population monitoring programs receive the
                concluded that the 1946 International Convention for        full support and participation of all countries engaged
                the Regulation of Whaling and the IWC conservation          in commercial whaling; and (5) catches, 'in conjunc-
                program were outdated and in need of fundamental            tion with other human activities affecting cetacm
                revision. In particular, they did not reflect modem         stocks, do not irreversibly alter the functional role of
                principles of marine living resource conservation.          that species in the ecosystem.
                71at is, the Convention has no stated objectives in any
                of its substantive articles, does not recognize non-           The Marine Mammal Commission concluded that
                consumptive values of whales, does not specifically         the United States and other like-minded member
                mandate IWC authority over small cetaceans, and             nations should initiate efforts to revise and update
                does not recognize either that whales may be affected       both the 1946 Whaling Convention and the IWC

                                                                        116






                                                                                                        Chapter IV - International


            conservation program to incorporate modem princi-                The Marine Mammal Commission acknowledged
            pies of marine living resource conservation. To this          the potential disadvantages of unyielding U.S. opposi-
            end, the Commission recommended that the United               tion to commercial whaling and cautioned that contin-
            States seek to renegotiate the International Whaling          ued opposition could erode the United States' leader-
            Convention so that it: (1) incorporates sound princi-         ship position within the TWC and weaken its effective-
            ples of living resource conservation that take into           ness on other international environmental matters.
            account the possible effects of all human activities on       With this in mind, the Commission suggested that the
            whales and on the ecosystems of which whales are a            United States address commercial whaling issues in
            part; (2) recognizes the non-consumptive values of            terms of potential conservation gains for all cetaceans
            cetaceans; (3) clarifies the scope of IWC authority           and for the conservation and sustained utilization of
            over small cetaceans; and (4) seeks adherence to              marine living resources in general.
            advice on all aspects of the IWC conservation pro-
            gram, including the lethal takes of animals for re-              The Commission concluded that the United States
            search purposes.                                              must re-examine its commercial whaling policy in
                                                                          I ight of modem principles of living resource conserva-
               As noted above, the comprehensive assessments              tion that recognize, among other things, non-consump-
            undertaken to date by the TWC indicate that some              tive as well as consumptive values of whales. It
            whale stocks are above maximum net productivity               recommended that the United States:
            levels and could safely sustain some level of regulated
            takes. If a three-fourths majority of the IWC were to         0  (a) adopt the position that non-consumptive
            approve a catch limit other than zero for such stocks,           values of whales may be of equal, if not great-
            whaling could resume. It is likely that this will be             er, importance than their consumptive values,
            considered at the next IWC meeting. Therefore, the               and that science alone should not dictate the
            United States must decide whether it should either               resumption of commercial whaling;
            continue to oppose all commercial whaling or agree to
            support catch limits it considers safe under certain          0  (b) except as specified in (d) below, oppose the
            conditions. In this regard, the Marine Mammal                    resumption of commercial whaling on the basis
            Commission pointed out that, while "science" may                 of previous failures in the conservation of
            indicate that commercial whaling could be resumed                stocks and the need to consider non-consump-
            without risk to the population, science alone does not           tive values;
            weigh, one way or the other, on the question of
            whether commercial whaling should be resumed. It              0  (c) recognize that resumption of commercial
            also noted that the Marine Mammal Protection Act                 whaling under a conservative management
            prohibits the taking of marine mammals based, in                 program (e.g., conservative quotas, effective
            part, on moral and ethical grounds independent of                enforcement and inspection, comprehensive data
            economic, biological, or other scientific concerns.              collection on every whale harvested, and effec-
            For example, the Act acknowledges that non-con-                  tive population monitoring) would not jeopar-
            sumptive values are valid components of a manage-                dize the affected whale stocks or the ecosystems
            ment program that is based on sound principles of                of which they are a part; and
            living resource conservation.          Because section
            108(a)(4) of the Act directs that the purposes and            0  (d) take the position that, if a three-fourths
            policies of the Act shall be the official policies of the        majority of the IWC members agree to resume
            United States in negotiating and renegotiating intema-           commercial whaling under a scientifically up-to-
            tional agreements concerning marine mammals, there               date and carefully controlled regime, the United
            appears to be a clear directive for the United States to         States would not view such a resumption as
            seek incorporation of such principles into a revised             "diminishing the effectiveness" of the IWC
            convention.                                                      conservation program and would not apply or
                                                                             seek to have other nations apply sanctions
                                                                             against the countries that resume whaling.

                                                                     117



    M






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                   To these ends, the Marine Mammal Commission              0  develop and implement a bowhead whale recov-
                urged the U.S. Commissioner to the IWC to under-               ery plan that takes into account long-term
                take discussions with other Commissioners to foster            monitoring and management needs relative to
                broad support for these concepts. It also urged that           subsistence takes and the effects of oil and gas
                he work with Congress to determine under what                  resource development on the arctic marine
                conditions, if any, the United States would or would           habitat, and undertake or cause to be undertaken
                not oppose a resumption of commercial whaling. To              the research called for by the IWC to monitor
                begin this process, the Commission recommended                 the status of the Bering-Chukchi-Beaufort Seas
                that, by February 1992, the National Oceanic and               bowhead stock and the effect of the subsistence
                Atmospheric Administration chair an interagency                take thereon;
                working group to review these issues and develop for
                presentation at the 1992 IWC meeting background             0  develop and propose revisions to the Intema-
                documents and a proposal for revising the 1WC                  tional Whaling Convention and to the IWC
                conservation program. Until such time as, the Whal-            Schedule of Regulations that would formally
                ing Convention is amended to take account of the               establish the IWC's competence to regulate
                above points, the Marine Mammal Commission                     directed catches of all cetaceans; and
                recommended that the United States position should be
                to continue to oppose any resumption of commercial          0  in addition to considering certifications and
                whaling.                                                       trade sanctions under U.S. law to persuade
                                                                               member nations to comply with IWC resolu-
                   With regard to other issues facing the IWC, the             tions on special permits to kill whales for
                Marine Mammal Commission also recommended that                 research purposes, undertake or cause to be
                the National Oceanic and Atmospheric Administration:           undertaken multi-lateral discussions and negotia-
                                                                               tions aimed at persuading offending nations of
                ï¿½ convene a working group of U.S. experts to                   the value of complying with the IWC program.
                   develop terms of reference for monitoring,
                   reporting, verifying, enforcing, and carrying               On 13 December 1991, the U.S. Commissioner to
                   out research programs necessary to implement             the IWC met with U.S. agency representatives to
                   the IWC's revised management procedure;                  discuss preparations for the 1992 IWC meeting and
                                                                            the recommendations contained in the Marine Mam-
                ï¿½  convene a group of scientists with expertise in          mal Commission's 5 December 1991 letter. The
                   population assessment to identify data needed to         group agreed that a working group of agency scien-
                   complete comprehensive assessments of priority           tists should be set up to review and recommend
                   stocks, including small cetaceans, and to pre-           actions to: (1) identify data needs for the comprehen-
                   pare scientific background papers identifying            sive assessment of whale stocks by the IWC, (2)
                   minimum data requirements and minimum                    develop guidelines for incorporating "modem princi-
                   levels of precision necessary for comprehensive          ples of living resource utilization" into the 1946
                   assessments;                                             Whaling Convention, and (3) carry out recommended
                                                                            bowhead whale research. With regard to policy-
                ï¿½  investigate the circumstances surrounding the            related issues, they agreed that a task force should be
                   issuing of a license by the Canadian Govern-             convened and chaired by the U.S. IWC Commissioner
                   ment for the take of a bowhead whale from the            to review and formulate recommendations for U.S.
                   Bering-Chukchi-Beaufort Seas stock and, if
                                                                            policy on: (1) revising the 1946 Whaling Convention;
                   appropriate, certify the Government of Canada            (2) monitoring, reporting, verif@ing, and enforcing the
                                                                            IWC conservation program; (3) incorporating the
                   under the Pelly Amendment for diminishing the
                   effectiveness of the IWC conservation program            revised management procedure and necessary related
                   (see Chapter 11);                                        programs into the IWC Schedule; (4) encouraging
                                                                            continued participation of all member nations in the
                                                                            IWC; and (5) identifying U.S. options relative to

                                                                        118






                                                                                                       Chapter IV - Intemational


            certifications pursuant to the Pelly Amendment on            killer whales, pilot whales, Cuvier's beaked whales,
            scientific research whaling that is contrary to the IWC      North Pacific fur seals, elephant seals, and some large
            conservation program.                                        whales. The large catch of some species, including
                                                                         northern right whale dolphins and some seabirds,
               At the end of 1991, the Marine Mammal Commis-             raises concern that some populations may become
            sion was looking forward to participating in efforts to      seriously depleted. Perhaps even more important, the
            reassess U.S. policies and positions relative to the         overall amount of biomass removed or killed, and the
            IWC and its conservation program.                            possible depletion of populations of certain key
                                                                         predator or prey species, raise serious questions about
                                                                         impacts upon the structure and integrity of pelagic
                    Wwh Seas DrWmet Hsheries                             marine ecosystems.

               The rapid growth of foreign high seas driftnet               Progress in addressing the driftnet issue has been
            fisheries over the past decade has been a source of          realized through a series of agreements negotiated
            great concern to the United States and many other            with Japan, Taiwan, and the Republic of Korea, and
            countries. These fisheries, which began in the North         through other international actions, including a num-
            Pacific Ocean and Mediterranean Sea, are highly              ber of resolutions adopted by the United Nations
            efficient, large-scale operations; they are, also indis-     General Assembly.       These matters are discussed
            criminate in that they catch not only target species,        below.
            but all non-target species that do not fit through the
            net mesh.                                                    United States Agreements with
                                                                         Japan, Taiwan, and the Repub1ic of Korea
               Driftnets consist of gillnet segments about 50
            meters in length that are strung together to make nets          In response to concerns about the effect of high
            that can be 60 kilometers long. Like curtains, the           seas driftnet fisheries on salmon and other marine
            nets float at or just below the water surface to a depth     resources of the United States, Congress passed the
            of about 10 meters. Nets are usually deployed in the         Driftnet Impact Monitoring, Assessment, and Control
            evening, allowed to drift overnight, and retrieved the       Act of 1987. The Act directs the Department of
            following morning. At the peak fishing season in             Commerce, through the Department of State, to
            recent years, some 850 fishing vessels from Japan,           negotiate driftnet monitoring and enforcement agree-
            Taiwan, and the Republic of Korea have deployed as           ments with countries conducting high seas driftnet
            much as 40,000 kilometers of net nightly.                    fisheries that affect U.S. marine resources.        The
                                                                         required monitoring agreements must provide statisti-
               The target species include neon flying squid taken        cally reliable assessments of the numbers of each
            from April to December, salmon taken principally in          species being killed by each nation's driftnet fleet.
            June and July, and albacore and billfish taken
            throughout the year. In addition to target species,             The Act also requires that, if a driftnet fishing
            driftnets incidentally catch non-target animals, includ-     nation fails to enter into and implement an adequate
            ing many species of seabirds, marine mammals, sea            monitoring or enforcement agreement, the Secretary
            turtles, finfish, and sharks. Some of these species are      of Commerce must certify that nation under the Pelly
            endangered or threatened. Of particular concern to           Amendment to the Fishermen's Protective Act.
            the United States are salmon, seabirds, sea turtles, and     Certified nations may be subject to embargoes on
            marine mammals.                                              some or all fishery products imported into the United
                                                                         States. The imposition of such sanctions is at the
               Among the marine mammals taken by driftnet                discretion of the President.
            fisheries in the North Pacific are Dall's porpoises,
            northern right whale dolphins, Pacific white-sided              In response to this directive, driftnet monitoring
            dolphins, common dolphins, striped dolphins, false           and enforcement agreements were negotiated with


                                                                    119






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                Japan, Taiwan, and the Republic of Korea and signed          Canadian, and 29 Japanese observers aboard 74
                in June, August, and September 1989, respectively.           fishing vessels. Catch and byeatch data were recorded
                Canada also was a party to the agreement with Japan.         for 2,879 net retrievals representing about 12 percent
                All three agreements were renegotiated in 1990 and           of Japan's squid driftnet fishing operations.
                1991 and are effective until 30 June 1992, the effec-
                tive date for a global moratorium on large-scale                The target catch in the observed portion of Japan's
                pelagic driftnet fishing called for in United Nations        squid driftnet fishery included 7.9 million squid. The
                General Assembly Resolution 44/225 (see "Other               bycatch included 3.2 million Pacific poinfret, 81,956
                International Actions," below).       Each agreement         blue sharks, 90,011 albacore tuna, 162,631 skipjack
                provided for a two-year phase-in of monitoring               tuna, 9,747 salmon, 499 billfish, 30,464 seabirds, 545
                programs, the details of which were to be negotiated         North Pacific fur seals, 840 northern right whale
                separately prior to each fishing season.                     dolphins, 459 Pacific white-sided dolphins, 318 Dall's
                                                                             porpoise, 119 other dolphins, and 35 sea turtles. It is
                   Advice provided by the Marine Mammal Commis-              reasonable to assume that significant numbers of
                sion with regard to developing the monitoring pro-           animals were killed or seriously injured in the nets,
                grams is discussed in previous Annual Reports. As            but fell out during net retrieval before being counted.
                provided in the agreements, the monitoring programs
                address the training and placement of agreed numbers            Results of the 1990 monitoring programs for
                of observers from each country aboard a representa-          Taiwan's squid and large-mesh driftnet fisheries and
                tive portion of each nation's driftnet fishing fleet.        for Korea's squid driftnet fishery were due to be
                The agreements also address the types of data to be          released in June. However, because of problems in
                collected, the form in which they are to be gathered         quality control of the data and in the computer pro-
                and recorded, how they are to be summarized, and the         grams used to prepare data summaries, they were not
                form in which they are to be released to the public.         released until 10 September and 2 October 1991,
                The enforcement agreements establish area and                respectively. Despite prior training, Taiwanese and
                seasonal closures to diminish the take of U.S. salmon,       Korean observers were not able to identify all species
                require the placement of satellite transmitters on           caught. The problems were so substantial that the
                driftnet fishing vessels so they can be located on a         National Marine Fisheries Service concluded that
                real-time basis, and address vessel boarding and             those 1990 program results were not statistically
                inspection rights.                                           reliable and should not be combined with results from
                                                                             the Japanese monitoring program to assess overall
                   In 1989, the only monitoring program implemented          driftnet fishing effects in the North Pacific.
                was a pilot program involving about four percent of
                the Japanese squid driftnet fleet. Separate monitoring       The 1991 Driftnet Fishing Seasons
                programs involving selected vessels from each nation
                were carried out in 1990. The 1991 programs were                Arrangements for monitoring the 1991 driftnet
                renegotiated on the basis of experience gained in            fishing seasons were negotiated early in 1991. The
                1990, and the arrangements were set forth in ex-             program with Japan called for placing 30 U.S., 10
                changes of letters with Taiwan on 16 April 1991, with        Canadian, and 21 Japanese observers aboard Japanese
                Japan on 23 April 1991, and with the Republic of             squid driftnet fishing vessels to monitor at least 2,626
                Korea on 8 May 1991.                                         net retrievals. The Taiwanese monitoring program
                                                                             called for placing 11 observers from the American
                The 1990 Driftnet Fishing Seasons                            Institute in Taiwan and 9 observers from the Coordi-
                                                                             nation Council for North American Affairs aboard
                   On 14 June 1991, the Governments of Japan,                Taiwanese driftnet fishing vessels to monitor at least
                Canada, and the United States jointly released a             105 net retrievals. The Korean program called for
                summary report of results from the May-December              placing 13 U.S. and 13 Korean observers aboard
                1990 Japanese squid driftnet monitoring program.             Korea's squid driftnet fishing vessels to monitor at
                The 1990 monitoring program placed 35 U.S., 10

                                                                         120






                                                                                                        Chapter IV - Inteniational


            least 90 net retrievals. The results of these efforts are        On 18 and 20 September 1991, 17 other driftnet
            to be summarized and made available by mid-1992.              fishing vessels and two support ships were observed
                                                                          fishing illegally southeast of the Kamchatka Peninsula
               Enforcement efforts during the 1991 fishing season         in waters of the former Soviet Union. The vessels
            verified that significant numbers of driftnet vessels         were observed and photographed during joint U.S.-
            from Taiwan and the Republic of Korea were fishing            Canadian surveillance flights and the Government of
            in closed areas of the northern North Pacific Ocean in        the Soviet Union was advised. Some vessels carried
            June and July. Some observations were made as a               markings of the People's Republic of China and others
            result of aerial and shipboard surveillance carried out       were unidentified.     On being presented with the
            as part  of the cooperative U.S.-Canadian driftnet            findings, the Chinese Government, which had previ-
   7        enforcement program. Other observed infractions,              ously advised the United States that its fisherman did
            involving at least 21 vessels, resulted from data             not engage in driftnet fishing, reaffirmed that they had
            gathered from the satellite-linked radio transmitters         authorized no driftnet fishing, and said that they
            required under the agreements with Korea and Tai-             would investigate the matter. At the end of 199 1, the
            wan. Although a Taiwanese enforcement vessel was              Chinese had ordered the boats to withdraw and were
            seen near boats fishing illegally, there was no indica-       continuing their investigation of the incident. The
            tion of any efforts being made on its part to stop the        Commission looks forward to learning the response to
            illegal fishing operations. The location of the illegal       the U.S. inquiry.
            fishing and the number of vessels involved make it
            likely that significant numbers of U.S. marine re-            The 1992 Driftnet Flishing Seasons
            sources, particularly salmon, were taken. Although
            protests were filed with Taiwan and Korea, they did              As noted above, the driftnet monitoring and
            not recall the vessels and the boats continued to fish.       enforcement agreements with Japan, Taiwan, and the
                                                                          Republic of Korea expire on 30 June 1992. United
               In response to these developments, the Secretary of        Nations General Assembly Resolution 44/225 calls
            Commerce wrote to the President on 13 August 1991             upon all nations to end large-scale high seas driftnet
            certifying, pursuant to the provisions of the Magnuson        fishing after that date unless jointly agreed conserva-
            Fishery Conservation and Management Act, that the             tion measures have been developed that ensure that
            Governments of Taiwan and the Republic of Korea               unacceptable impacts are avoided. Given provisions
            had allowed their nationals to conduct driftnet fishing       of this resolution and the seasons during which North
            in a manner inconsistent with their scientific monitor-       Pacific Ocean driftnet fishing occurs, efforts to
                and enforcement agreements with the United                monitor driftnet fishing in 1992 were not conternplat-
            1119
            States. Such certification is deemed to be a certifica-       ed early in 1991.
            tion for purposes of the Pelly Amendment to the
            Fishermen's Protective Act and authorizes the Presi-             However, as noted below, the United Nations
            dent to restrict imports of fish and fish products from       General Assembly adopted a new resolution in De-
            the certified nation. On 18 October 1991, the Presi-          cember 1991 calling for a global moratorium on all
            dent advised Congress that he was deferring the               large-scale high seas driftnet fishing effective after 31
            imposition of sanctions against the two countries for         December 1992, rather than 30 June 1992. There-
            90 days pending an evaluation of their efforts to             fore, at the end of 1991, the Secretary of Commerce
            penalize the offending vessels and prevent further            was considering what steps, if any, should be taken to
            incidents. At the end of 199 1, sanctions against those       extend and implement monitoring and enforcement
            nations remained under review, and the President's            agreements with each of the three driftnet fishing
            report to Congress on the matter will be submitted            nations through 1992.
            early in 1992. Because of these actions, the monitor-
            ing programs with each country were temporarily
            suspended and observations of some fishing trips were
            canceled.



                                                                     121






                MARINE MAMMAL COMMISSION - Annual Report for 1991

                Other 1nternational Actions                                   fishing effort, length of fishing seasons, areas fished,
                                                                              and species taken.
                   The monitoring and enforcement agreements with
                Japan, Taiwan, and the Republic of Korea are only a              The National Marine Fisheries Service, in consul-
                part of the international picture as it relates to high       tation with the Department of State, the Marine Mam-
                seas driftnet fisheries. Actions being taken within the       mal Commission, and other Federal agencies, subse-
                United Nations and other fora and by U.S. agencies,           quently developed a paper submitted by the State
                including the Marine Mammal Commission, to more               Department on behalf of the United States. Ile paper
                broadly address the driftnet issue are discussed below.       expressed strong support for the provisions of the
                                                                              United Nations resolution and noted that conservation
                   Actions by the United Nations in 1989 and 1990             measures relative to high seas driftnet fisheries were
                - In December 1989, the United Nations General                entirely inadequate and that suspending driftnet
                Assembly passed Resolution 44/225 sponsored by the            fisheries by 30 June 1992 was likely to be justified.
                United States and ten other nations. The resolution           The paper clearly set forth the view of the United
                acknowledged potential impacts of the high seas               States that the burden of proof in determining the
                driftnet fisheries and called upon the international          acceptability of driftnet fishing lies with the fishing
                community to, among other things:           (1) review,       nation.
                through international organizations, data on large-scale
                high seas driftnets and agree on further regulations             The United Nations Office of Ocean Affairs and
                and monitoring measures needed to protect living              Law of the Sea considered these and other submis-
                marine resources by 30 June 1991; (2) suspend high            sions and completed its report, which was submitted
                seas driftnet fishing by 30 June 1992 unless effective        to the United Nations General Assembly on 26
                conservation and management measures, jointly                 October 1990. On 21 December 1990, the United
                agreed by concerned international parties and support-        Nations General Assembly adopted Resolution 45/197
                ed by scientifically sound analyses, are developed to         reaffirming the points in the resolution adopted on the
                ensure that unacceptable impacts will be prevented;           matter in December 1989. The new resolution also
                (3) progressively reduce and, by I July 1991, cease           requested the that United Nations prepare a report
                high seas driftnet fishing in the South Pacific Ocean as      summarizing results of the regional review and other
                an interim measure pending the development of                 new information for consideration at the General
                appropriate conservation and management agreements;           Assembly's 46th session late in 1991.
                and (4) immediately cease further expansion of such
                fishing pending the results of the regional review,              Marine Mammal Conunission Actions in 1990
                                                                              and 1991 - Continuing its efforts begun in the late
                   The resolution also called upon the United Nations         1980s to ensure an aggressive, coordinated U.S. role
                Office of Ocean Affairs and Law of the Sea to prepare         in pursuing international actions to end driftnet
                a report on the effects of driftnet fisheries and efforts     fishing, the Marine Mammal Commission made a
                to implement Resolution 441225 for consideration at           series of recommendations to the Department of State
                the 45th session of the United Nations General As-            (26 October and 14 December 1990) and the National
                sembly session late in 1990. To help prepare its              Marine Fisheries Service (7 and 21 December 1990
                report, the Office asked members and international            and 21 February 1991). Among other things, the
                organizations for views and relevant information on           Commission noted that details of monitoring agree-
                these fisheries. In response, in mid-1990 the Govern-         ments with Japan, Taiwan, and the Republic of Korea
                ment of Japan submitted a paper expressing support            needed to be reviewed and that the United States
                for continuing high seas driftnet fishing after 30 June       needed to prepare for a regional review of driftnet
                1992. The Japanese expressed the view that driftnet           fisheries in the North Pacific pursuant to United
                fisheries could be managed to minimize the bycatch of         Nations General Assembly Resolution 44/225.
                non-target species through additional research aimed
                at modifying gear and through regulations to control             In its letters, the Commission recommended that
                                                                              the Department of State and the National Marine

                                                                         122






                                                                                                       Chapter IV - International


            Fisheries Service jointly prepare for a regional re-         ground information available for the review included
            view. In this regard, it recommended that a group of         catch summaries for the 1989 and 1990 Japanese
            U.S. experts be convened to assess the adequacy of           squid driftnet fishing seasons. The summaries were
            available information on the effects of high seas            products of the 1989 and 1990 monitoring programs
            driftnet fisheries in the North Pacific and the condi-       carried out by Japan, Canada, and the United States.
            tions, if any, under which the fisheries might be            Ile discussions were limited because results of the
            permitted to continue. Ile letters also recommended          1990 observer programs with Taiwan and the Repub-
            that a regional review by international experts be           lic of Korea were not available.
            undertaken in the spring of 1991 to examine:
            (1) available at-sea sighting data, (2) the range and           The Japanese participants provided estimates of the
            extent of target and non-target species taken by             total catch and bycatch for the 1990 Japanese squid
            driftnet fisheries, (3) the biological and population        driftnet fishery.   They estimated that, to harvest
            data related to those species, and (4) data and infor-       approximately 106 million neon flying squid in 1990,
            mation on the impacts of driftnet fishing on affected        the Japanese squid driftnet vessels had taken more
            stocks. The agencies agreed and efforts were begun           than 41 million individuals of more than 100 other
            to prepare for a regional review of North Pacific            species. More specifically, they estimated that the
            driftnet fisheries in June 1991 (see below).                 1990 bycatch in this one driftnet fishery included 39
                                                                         million fish (including 33.8 million Pacific poinfret,
               In addition, in August 1991, the Department of            700,000 blue sharks, and more than 141,000 salmon),
            State began convening weekly meetings of an ad hoc           270,000 seabirds, nearly 25,000 individuals of other
            interagency group that also involved representatives of      species, 24,000 marine mammals, and 406 sea turtles.
            the National Oceanic and Atmospheric Administration          The meeting participants also concluded that popula-
            and National Marine Fisheries Service, the Coast             tions of northern right whale dolphins and Pacific
            Guard, the Fish and Wildlife Service, and the Marine         white-sided dolphins had declined and would likely
            Mammal Commission. The group provided advice on              continue to decline as a result of incidental takes in
            actions related to the driftnet fishing agreements with      driftnet fisheries. The report of the Sidney meeting
            Japan, Taiwan, and Korea as well as other intemation-        was submitted to the United Nations Office of Ocean
            al conservation efforts discussed in this Report.            Affairs and Law of the Sea in August 1991.

               1991 Regional Review of North Pacific Driftnet               Actions by the United Nations and others in
            Fisheries - As noted above, Resolution 44/225 called         1991 - As indicated above, the United Nations Office
            upon regional fisheries organizations to hold regional       of Ocean Affairs and Law of the Sea had been re-
            reviews on the status of high seas driftnet fisheries by     quested to prepare a summary report on the results of
            30 June 1991. In response to this request, Canada            regional reviews, the North Pacific review, and other
            offered to host a meeting to review driftnet fisheries       information for consideration by the United Nations
            in the North Pacific Ocean. The offer was accepted           General Assembly at its 1991 session late in 1991.
            and the meeting was held in Sidney, British Colum-           As part of this effort, the Department of State took
            bia, Canada, on 11-14 June 1991.                             steps in 1991 to further clarify U.S. views and analy-
                                                                         ses based on more recent information. Late in July
               The purpose of the meeting was to review available        1991, it circulated a draft submission to the United
            scientific information on the effects of large-scale         Nations on U.S. driftnet policy.
            driftnet fisheries on marine resources of the North
            Pacific Ocean.       Participants included scientists,          By letter of 24 July 1991 to the State Department,
            resources managers, and observers from Australia,            the Commission noted that the draft U.S. paper
            Canada, Japan, the Republic of Korea, Taiwan, the            reflected outdated single-species management concepts
            United Nations, the United States, and the Internation-      that failed to adequately consider to uncertainties and
            al North Pacific Fisheries Commission. U.S. partici-         concerns regarding ecological effects caused by
            pants in the meeting included representatives of the         driftnet fishing-related disruptions to marine food
            Marine Mammal Commission. The primary back-                  chains. The letter also noted that, while referring to

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               MARINE MAMMAL COMMISSION - Annual Report for 1991


               sound principles of resource management, it did not           er, stated in its 26 September 1991 submission that, in
               identify those principles. In addition, the Commission        its view, the results of the Sidney meeting did not
               noted that the draft failed to recognize the findings of      support the assertions that these fisheries have unac-
               the North Pacific regional review recently held in            ceptable impacts on stocks of marine species, that
               Sidney in June.                                               effective management measures cannot be established,
                                                                             or that a driftnet moratorium should be implemented.
                  The National Marine Fisheries Service, in coopera-         The Japanese report ftwther noted that an upcoming
               tion with the Commission, the Department of State,            meeting sponsored by the International North Pacific
               and other agencies, worked to develop an acceptable           Fisheries Commission would include a symposium on
               document for submission to the United Nations. The            high seas driftnet fishing, to be held 4-6 November
               paper was substantially revised and improved and, on          1991 in Tokyo, Japan, and that presentations at the
               26 August 1991, the report, entitled "U.S. Policy             meeting would provide ftwther information.
               Concerning Large Scale Pelagic Driftnets and Com-
               ments on the North Pacific Scientific Driftnet Review            Representatives of the Marine Mammal Commis-
               Meeting Held in Sidney, British columbia, Canada on           sion attended the Tokyo meeting, and information
               June 11-14, 1991," was submitted to the United                presented provided additional support for the view that
               Nations. In the report, the United States stressed that       the effects of driftnet fisheries on marine resources are
               the use of living marine resources carries with it a          unacceptable. Among other things, an analysis by
               responsibility to protect the integrity of the ecosystem      U.S. scientists of observer data from the Japanese,
               such that: (a) the risk of irreversible or long-term          Taiwanese, and Korean driftnet fisheries confirmed
               adverse effects on target, non-target, or associated          for the first time that these fisheries take large whales
               species, or the ecosystem as a result of use is mini-         as well as dolphins and other marine mammals.
               mized; (b) the maximum possible range of manage-
               ment options for present and future generations is               In addition to the above actions to prepare for
               preserved; and (c) consumptive and non-consumptive            driftnet-related deliberations at the 1991 session of the
               values can be optimized on a continuing basis.                United Nations, the Department of State initiated
                                                                             efforts through the ad hoc interagency working group
                  The report also expressed the view that available          on driftnets to draft a new resolution. A draft was
               data clearly demonstrate the wastefulness and potential       completed in the fall and, on I I October 199 1-,it was
               ecosystem-level impacts of large-scale driftnet fisher-       tabled by the United States for consideration at the
               ies in the North Pacific. It also noted that existing         46th session of the United Nations General Assembly.
               scientific monitoring and enforcement programs do             Among other things, the proposed resolution called
               not constitute acceptable conservation and manage-            upon all members of the international community to
               ment programs. The report therefore concluded that            end all large-scale pelagic driftnet fishing on the high
               a moratorium must be imposed in the North Pacific             seas of the world's oceans and seas by 30 June 1992.
               Ocean without delay. It further noted that, because
               comparable data on the catch of target and non-target            The resolution proposed by the United States was
               species in other areas do not exist and because agree-        discussed with representatives of the Government of
               ment on acceptable conservation and management                Japan and other driftnet fishing nations at that time. In
               measures will therefore be impossible, the global             response, Japan submitted an alternative proposal on
               moratorium on large-scale pelagic driftnet fishing is         the same day.      The Japanese proposal called on
               entirely justified and must go into effect by 30 June         "specialized agencies and other appropriate organs,
               1992 as called for in the United Nations General              organizations and programs of the United Nations
               Assembly Resolution 44/225.                                   system, as well as the various global, regional and
                                                                             sub-regional organizations, to study all aspects of
                  New Zealand, Canada, and the South Pacific                 large-scale pelagic driftnet fishing operations on the
               Forum also submitted statements to the United Na-             high seas and their impact on living marine resourc-
               tions on the results of the Sidney meeting. Their             es. " In further efforts to reach agreement with Japan
               submissions supported the U.S. view. Japan, howev-            on the driftnet issue, State Department representatives

                                                                        124






                                                                                                          Chapter IV - Intemational


             met early in November with Japanese representatives               The Convention entered into force on 17 May
             to discuss a moratorium of indefinite duration, rather         1991.    71be United States, which had signed the
             than an outright ban on high seas driftnets, that could        Wellington Convention on 14 November 1990,
             be phased in by the end of 1992. On 26 November                ratified it on 3 December 1991. On 26 February
             1991, the Japanese announced that they would cease             1991, the United States also signed Protocol 1. The
             high seas driftnet fishing by the end of 1992. On the          United States did not sign Protocol H because doing
             same date, the Department of State announced that              so would have been inconsistent with current U.S.
             Japan and the United States had agreed to support a            obligations under the International Convention for the
             moratorium to accomplish this.                                 High Seas Fisheries of the North Pacific Ocean,
                                                                            which allows Japan to conduct a salmon driftnet
                On 20 December 199 1, the United Nations General            fishery in the U.S. Exclusive Economic Zone subject
             Assembly adopted by consensus Resolution 46/215                to U.S. law.
             entitled "Large-scale pelagic drift-net fishing and its
             impact on living marine resources of the world's                  European Economic Community Actions - On
             oceans and seas." The resolution, cosponsored by the           28 October 1991, members of the European Commu-
             United States, Japan, and 29 other nations, calls on all       nity Council of Fisheries Ministers met in Brussels to
             members of the international community to: (1) by 30           discuss, among other things, the conservation of
             June 1992, reduce driftnet fishing effort by 50 percent        European fisheries resources. In particular, Council
             through measures such as reducing the number of                members discussed technical measures relative to
             vessels, length of net deployed, and area of operation;        continuing large-scale driftnet fisheries operated by
             (2) continue to ensure that driftnet fisheries are not         member nations. In November 1991, Council mem-
             expanded into new areas; and (3) ensure that a global          bers adopted measures that would phase out large-
             moratorium on large-scale high seas driftnet fishing in        scale high seas driftnet fishing by 31 December 1993.
             all of the world's oceans and seas is fully implement-         At the end of 199 1, the United States was studying the
             ed by 31 December 1992.                                        Council's decision with respect to its conformance
                                                                            with United Nations General Assembly Resolution
                The Wellington Convention - As reported in the              46/215.
             previous Annual Report, concern for the effect of
             large-scale driftnet fisheries on South Pacific albacore          South Pacific Conference Resolution on Driftnets
             stocks culminated in the adoption of the Convention            - On 31 October 1991, the South Pacific Conference
             for the Prohibition of Fishing with Long Driftnets in          adopted a resolution that reaffirmed its full support for
             the South Pacific. The Convention, more commonly               United Nations General Assembly Resolutions 44/225
             known as the Wellington Convention, was adopted on             and 45/197; called upon eligible nations to sign and
             29 November 1989 by South Pacific countries and                ratify the 1990 Convention for the Prohibition of
             territories. The Convention provides for collecting,           Fishing with Long Driftnets in the South Pacific and
             preparing, and disseminating information as well as            its two protocols; and expressed full support for
             facilitating scientific analyses and the preparation of        efforts in the 46th session of the United Nations
             annual reports on driftnet activity in the convention          General Assembly aimed at ending large-scale high
             area. To address the need for a mechanism by which             seas driftnet fishing by 30 June 1992.
             states outside the Convention area could accept legally
             binding obligations with respect to driftnet fishing in           Second-Order Effects of Large-Scale Ifigh-Seas
             the South Pacific, two - protocols were prepared.              Driftnet F"isheries on the North Pacific Marine Eco-
             Protocol I prohibits driftnet fishing by all nations and       system - Since 1989, the Marine Mammal Commis-
             seeks development of conservation measures for South           sion has stressed the importance of focusing attention
             Pacific albacore within the Convention Area. Proto-            upon the ecological effects of high seas driftnet
             col H prohibits driftnet fishing in waters under the           fisheries as well as on its effects on individual species.
             jurisdiction of Pacific Rim countries.                         When scientists from Canada, Japan, Republic of
                                                                            Korean, Taiwan, the United States, and other North
                                                                            Pacific rim countries met in Sidney, British Columbia,

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               MMUNE MAMMAL COMMISSION - Amug RVort for I"I


               in June 1991 to assess the impacts of driftnet fisheries         There has been no commerchil-scale sealing in the
               on marine species in the North Pacific, they did not          Antarctic since the 1950s. With the exception of
               assess the possible indirect or second-order effects.         several elephant seal colonies that have declined in
               Considering such an examination to be critical to             recent years for unknown reasons, all of the exploited
               understanding driftnet fisheries, the Marine Mammal           seal stocks appear to have recovered, or to be recov-
               Commission contracted for a study to review and               ering, to their pre-exploitation levels. Further, in
               assess how large-scale driftnet fisheries in the North        1972, the Antarctic Treaty Consultative Parties
               Pacific may have affected, and be affecting, the              concluded the Convention for the Conservation of
               structure and productivity of the North Pacific marine        Antarctic Seals. This Convention, which entered into
               food web (see Chapter IX).                                    force in 1977, provides for strict regulation of com-
                                                                             mercial sealing in the Antarctic, should it ever be
               Conclusion                                                    resumed.


                   The Marine Mammal Commission views high seas                 At present, there also is a moratorium on commer-
               driftnet fisheries as a serious threat to marine ecosys-      cial whaling (see the discussion earlier in this Chapter
               tems. In 1992, the Commission will continue to                on the International Whaling Commission). There-
               provide advice and assistance to the Department of            fore, neither commercial sealing nor commercial
                                                                             whaling presently poses a threat to the continued
               State, the National Marine Fisheries Service, and
               other agencies in their efforts to address this issue. In     existence of Southern Ocean populations of seals and
               particular, it will seek to ensure that the United            whales.    However, both commercial sealing and
               Nations Resolution 46/215 calling for global moratori-        commercial whaling could be resumed in the future.
               um on high seas driftnet fisheries by 31 December             In addition, developing fisheries, particularly the
               1992 is enforced, that domestic statutes are amended          fishery for antarctic krill (Euphausia superba), pose
               as necessary to make them compatible with the United          threats to seals, whales, and other components of the
               Nations resolution, and that multilateral agreements to       Southern Ocean ecosystem. In some areas, construc-
               deal with illegal driftnet operations are developed and       tion and operation of scientific stations and increasing
               implemented.                                                  tourism also pose threats.

                  The Marine Mammal Commission commends the                     As discussed below, in 1991, the Antarctic Treaty
               Department of State for the vigorous manner in which          Consultative Parties concluded an Antarctic Protocol
               it has sought to bring these unregulated and extraordi-       on Environmental Protection. Among other things,
               narily damaging fisheries under control.                      the Protocol will prohibit mineral exploration and
                                                                             exploitation in Antarctica for at least 50 years. The
                                                                             Protocol will enter into force when it is ratified by all
                                                                             of the 26 Antarctic Treaty Consultative Parties.
                     Conservation and Protection of                             Because of the possible direct and indirect effects
                               Marine Aftnmals                               of fisheries, mineral development, and other activities
                           in the Southern Ocean                             on marine mammals, the Marine Mammal Co               . S_
                                                                             sion, as noted in previous Annual Reports, has under-
                  At least 13 species of seals and whales     inhabit or     taken a continuing review of matters that might affect
               occur seasonally in the Southern Ocean, the seas              marine mammals, krill, or other components of the
               surrounding Antarctica. As noted in previous Com-             Southern Ocean ecosystem upon which marine mam-
               mission Annual Reports, two of the seal species (the          mals may depend. It has made recommendations to
               Antarctic fur seal and the southern elephant seal) and        the National Science Foundation, the Department of
               regional populations of humpback, blue, fin, sei, and
                                                                             State, the National Oceanic and Atmospheric Adminis-
               sperm whales were and in some cases remain severely           tration, and the National Marine Fisheries Service on
               depleted as a result of poorly regulated commercial           the need for basic and directed research, and for
               hunting.                                                      international agreements to effectively regulate seal-

                                                                         126






                                                                                                    Chapter IV - International


                                                                                                                              n
            ing, whaling, fisheries, non-living resource explora-      Committee of Scientific Advisors, reviewed and, 0
            tion and development, and related activities in the        8 March 1991, provided comments to the Department
            Southern Ocean.       Since 1978, Marine Mammal            of State on the draft agreement. Additional comments
            Commission representatives have served as scientific       were provided to the Department of State by letter of
            advisors on most U.S. delegations to regular Antarctic     25 March 1991.
            Treaty Consultative Meetings, Special Consultative
            Meetings held to negotiate international agreements           The comments provided by the Commission and
            regarding Antarctica, and the annual meetings of the       others on the draft protocol were used to develop U.S.
            Commission and the Scientific Committee established        positions for the three negotiating sessions held in
            by the Convention on the Conservation of Antarctic         Madrid. These sessions led to the development of the
            Marine Living Resources (see below).                       Protocol, which was concluded on 4 October 1991.
                                                                       'Me Protocol will enter into force 30 days following
               In 1991, Commission representatives participated        deposit of instruments of ratification, acceptance,
            in interagency meetings to develop U.S. positions for      approval or accession by all 26 of the states which
            the 3Uth Special Antarctic Treaty Consultative Meet-       were Antarctic Treaty Consultative Parties on 4
            ing, the XVIth regular Antarctic Treaty Consultative       October 1991, when the Protocol on Environmental
            Meeting, and the meetings of the Commission and            Protection was adopted.'
            Scientific Committee for the Conservation of Antarctic
            Marine Living Resources. In addition, Commission              The purpose of the Protocol is to improve the
            representatives served on the U.S. delegations to the      effectiveness of the Antarctic Treaty as a mechanism
            XVIth Antarctic Treaty Consultative Meeting and the        for protecting the Antarctic environment and for
            1991 meeting of the Scientific Committee for the           ensuring that the Antarctic does not become the scene
            Conservation of Antarctic Marine Living Resources.         or object of international discord.       It designates
                                                                       Antarctica as a natural reserve,' devoted to peace and
            XIth Special Antarctic Treaty                              science, and will establish general governing princi-
            Consultative Meeting                                       ples and legally binding obligations to protect the
                                                                       Antarctic environment.
               As noted in the Commission's previous Annual
            Report, conclusion in June 1989 of the Convention on          The Protocol prohibits any activities relating to
            the Regulation of Antarctic Mineral Resource Activi-       mineral resource exploration and development, and
            ties (CRAMRA) generated much controversy. In re-           specifies that this prohibition cannot be lifted for at
            sponse, the Antarctic Treaty Consultative Parties          least fifty years following entry into force of the
            agreed, at the XVth Consultative Meeting held in           Protocol and that a legally binding regime to govern
            Paris in October 1989, that a Special Consultative         mineral resource activities must be in place before the
            Meeting should be held in 1990 to consider various         prohibition can be lifted.
            proposals for protection of the Antarctic environment.
            The first session of this, the XIth Special Antarctic         The Protocol includes five annexes setting forth
            Treaty Consultative Meeting, was held in Vifia del         specific obligations and requirements with respect to:
            Mar, Chile, from 19 November to 6 December 1990.           (1) environmental impact assessment; (2) conservation
            Subsequent sessions were held in Madrid, Spain, on         Of native fauna and flora; (3) waste disposal and waste
            22-30 April, 17-22 June, and 3-4 October 1991.             management; (4) prevention of marine pollution; and
                                                                       (5) special area protection and management.
               The negotiating session in Vifia del Mar, Chile,
            produced a draft protocol, and agreement that a               The Protocol establishes a Committee on Environ-
            second session would be held in Madrid, Spain, in          mental Protection to provide advice to the Antarctic
            April 1991 to finalize a draft agreement for consider-     Treaty Consultative Meetings on steps needed to
            ation and adoption by the Consultative Parties. The        effectively implement and meet the objectives of the
            Marine Mammal Commission, in consultation with its         Protocol. It requires that each Party be prepared to
                                                                       respond promptly and effectively to environmental

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                MARINE MAMMAL COMMISSION - Annual Report for 1991


                emergencies (e.g., oil spills), and provides that            mental Protection (see above). The meeting also
                contingency plans must be developed.                         recommended adoption of four new Sites of Special
                                                                             Scientific Interest (SSSI), two new Specially Protected
                   At the end of 199 1, the Department of State, in          Areas (SPA), and four new historic sites or monu-
                consultation with the Commission and other interested        ments. It approved and recommended adoption of
                Federal agencies, was preparing to transmit the              management plans for eight existing Specially Protect-
                Protocol to the Senate for advice and consent to             ed Areas. The meeting also endorsed and called upon
                ratification.' In 1992, the Commission expects to            Parties to voluntarily comply with management plans
                work with the Department of State and others to              proposed by the United States for the area around the
                develop appropriate implementing legislation.                U.S. Palmer Station on the southwest side of Anvers
                                                                             Island, and a Specially Reserved Area on the north
                XVIth Antarctic Treaty Consultative Meeting                  side of the Dufek Massif.

                   The XVIth regular Antarctic Treaty Consultative              As noted in previous Commission Annual Reports,
                Meeting was held in Bonn, Germany, on 7-18 October           the possible need to provide protection for additional
                199 1. The meeting was attended by representatives of        types of areas in Antarctica was considered at the
                the 26 Antarctic Treaty Consultative Parties noted           X111th and XIVth Antarctic Treaty Consultative
                earlier. It also was attended by delegations from            Meetings. At the XVth Consultative Meeting, the
                Contracting Parties to the Antarctic Treaty that are not     Parties adopted, largely as a result of U.S. initiatives,
                Consultative Parties (Austria, Bulgaria, Canada,             recommendations providing for: (1) the establishment
                Colombia, Cuba, Czechoslovakia, Denmark, Greece,             of Specially Reserved Areas (SRA) to protect areas
                Guatemala, Hungary, the Democratic Peoples Repub-            with outstanding physical or aesthetic features, and
                lic of Korea, Papua New Guinea, Romania, and                 (2) the establishment of Multiple-use Planning Areas
                Switzerland).    Observers at the meeting included           (MPA) to assist in planning and coordinating activities
                representatives of the Commission for the Conserva-          to avoid mutual interference and minimize cumulative
                tion. of Antarctic Marine Living Resources, the              environmental impacts in high-use areas. With regard
                Scientific Committee on Antarctic Research, the              to the latter category, the Marine Mammal Commis-
                Council of Managers of National Antarctic Programs,          sion, as noted in its Annual Report for calendar year
                the Antarctic and Southern Ocean Coalition, the              1988, organized and held a workshop in November
                Intergovernmental Oceanographic Commission, the              1988 to develop background information and a recom-
                International Civil Aviation Organization, the Interna-      mended plan for managing activities in the vicinity of
                tional Maritime Organization, the World Meteorologi-         the U.S. Palmer Station on the southwest side of
                cal Organization, the International Union for the            Anvers Island.
                Conservation of Nature and Natural Resources, the
                International Hydrographic Organization, the World              The National Science Foundation used the report
                Tourism Organization, and the United Nations Envi-           from the Commission-sponsored workshop to develop
                ronment Program.                                             a proposal for designating the area around Palmer
                                                                             Station as a Multiple-use Planning Area. The propos-
                   The purposes of the regular Antarctic Treaty Con-         al was presented to, and considered by, the XVIth
                sultative meetings are to exchange information, hold         Antarctic Treaty Consultative Meetin . The recom-
                                                                                                                     9
                consultations, and consider and recommend to the             mendation providing for the establishment of Multiple-
                Consultative Party governments measures in further-          use Planning Areas is not yet in force and likely will
                ance of the principles and objectives of the Antarctic       be superseded by provisions of the Antarctic Treaty
                Treaty. The meeting endorsed the Antarctic Treaty            Protocol on Environmental Protection signed in
                Protocol concluded in Madrid on October 4th, and             Madrid on 4 October 1991. The meeting noted that
                reviewed operation of other aspects of the Antarctic         it would be desirable to begin gathering practical
                Treaty system.      It developed and recommended             experience in implementing such management plans
                adoption of an Annex on Area Protection and Man-             and, as indicated earlier, agreed that Parties should
                agement to the Antarctic Treaty Protocol on Environ-

                                                                         128






                                                                                                        Chapter IV - Intemational


            voluntarily require compliance with the proposed              Conservation of Antarctic Marine Living Resources.
            management plan.                                              The first meetings of these bodies were held in 1982.
                                                                          The Marine Mammal Commission's involvement in
               Recognizing that effective implementation of the           negotiation of the Convention and the first nine
            Protocol on Environmental Protection would require            meetings of the Commission and Scientific Committee
            development of environmental monitoring programs,             are described in previous Annual Reports.
            the Parties agreed that a meeting of experts should be
            held to consider and provide advice on: (1) the types            The 1991 meetings of the Commission and Scien-
            of cooperative, long-term monitoring programs needed          tific Committee for the Conservation of Antarctic
            to give effect to the provisions of the Protocol; (2) the     Marine Living Resources were held in Hobart,
            best methods for collecting, reporting, storing, ex-          Tasmania, Australia, from 21 October to I November
            changing, and analyzing needed data; and (3) where            199V During the meetings, the Commission and
            and how frequently various environmental parameters           Scientific Committee considered a broad range of
            should be measured. The meeting also agreed that the          issues, including finfish conservation, assessment and
            Consultative Parties would have to meet annually,             monitoring of exploited krill stocks, development of
            rather than biennially, and that meeting should be held       a scientific observer program, information require-
            in the spring rather than the fall to provide for effec-      ments regarding new and developing fisheries, assess-
            tive implementation of the Protocol. Most, but not            ment and avoidance of incidental mortality, and
            all, Parties agreed that a small secretariat should be        ecosystem monitoring.
            established to facilitate operation of the Antarctic
            Treaty system.                                                   Finfish Conservation - The total finfish catch in
                                                                          the 1990-91 season was 98,610 metric tons, up
               The Group of Experts Meeting on Environmental              significantly from the 47,720 metric tons taken in
            Monitoring is tentatively scheduled to be held in             1989-90. As in the past, most of the catch was taken
            Argentina in June 1992.         Ile next Consultative         by fishing vessels from the Soviet Union.            The
            Meeting is to be held in Venice, Italy, in November           increase was due to a more than three-fold increase in
            1992.    The Commission, in consultation with its             the catch of lantern fish (Electrona carlsbergi), a
            Committee of Scientific Advisors, will work with the          small myctophid that is an important component in the
            Department of State, the National Science Foundation,         diet of several seabirds and other higher trophic level
            the National Oceanic and Atmospheric Administration,          species.
            the Environmental Protection Agency, and other
            Federal agencies to prepare for these meetings.                  At the 1991 meeting, the Commission adopted
                                                                          conservation measures:       (1) prohibiting directed
            Activities Related to Marine Living Resources                 fishing for six species in Statistical Sub-area 48.3 (the
                                                                          area around South Georgia Island); (2) limiting the
               In the early 1960s, the Soviet Union and Japan             allowable catch of Dissostichus eleginoides in Statisti-
            began experimental fisheries for krill (Euphausia             cal Sub-area 48.3 to 3,500 metric tons; and (3)
            SU erba) in the Southern Ocean. In the late 1960s,            limiting the total catch of E. carlsbergi in Statistical
               P
            the Soviet Union began commercial finfish fishing in          Sub-area 48.3 to 245,000 metric tons with no more
            the Southern Ocean. As noted in previous Commis-              than 53,000 metric tons being taken from the Shag
            sion Annual Reports, concerns that developing fisher-         Rocks region. The latter species, as noted earlier, is
            ies, particularly the krill fishery, could adversely          an important component in the diets of several sea-
            affect seals, whales, and other non-target, as well as        birds and other higher tropbic level species and the
            target, species led the Antarctic Treaty Consultative         rapid increase in catch is cause for concern.
            Parties to negotiate and adopt the Convention on the
            Conservation of Antarctic Marine Living Resources.               On a related matter, some of the fishing countries
            The Convention was concluded in May 1980 and                  have not been providing required catch, effort, and
            came into force in April 1982. It established the             related biological information as and when needed.
            Commission and the Scientific Committee for the               The Scientific Committee called this to the attention of


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                MARINE MAMMAL COMMISSION - Annual Report for 1991


                the Commission during the 1991 meetings.              The     distribute a draft paper on scientific observation for
                Commission, in turn, called upon members to comply            consideration during the 1991 meetings. The Secre-
                fully with the reporting requirements that had been           tariat did so and following careful consideration of the
                agreed.                                                       paper, the Commission's Standing Committee on
                                                                              Observation and Inspection developed a proposal for
                   Krill Assessment and Monitoring - The total                an International Scientific Observation System in
                catch of krill during the 1990-91 fishing season was          support of the Convention. Some members of the
                357,538 metric tons, down slightly from the catch of          Commission could not accept certain provisions of the
                374,775 metric tons in 1989-90. Fishing was done by           proposed system and it therefore could not be agreed
                vessels from Chile, Germany, Japan, the Republic of           upon.     It was agreed that discussions should be
                Korea, Poland, Spain, and the Soviet Union. As in             continued at the next meeting and that, in the interim,
                the past, most of the catch was by Soviet vessels             members should initiate establishment of the Interna-
                (275,495 metric tons), followed by Japan (67,582              tional Observer System by making bilateral arrange-
                metric tons). All but 746 metric tons was taken from          ments to place observers on board commercial fishing
                the South Atlantic sector (Statistical Area 48).              vessels operating in the Convention Area.

                   The Living Resources Commission, acting on                    New and Developing Flisheries - As noted in the
                advice from the Scientific Committee, established a           Marine Mammal Commission's previous Annual
                "precautionary" catch limit of 1.5 million metric tons        Report, the National Marine Fisheries Service issued
                of krill per year in Statistical Area 48. The Scientific      a permit in 1990 authorizing a Seattle-based fishing
                Committee had recommended that sub-area limits be             vessel to conduct exploratory fishing for king and
                established, but the Commission was unable to reach           stone crabs in Sub-areas 48.1, 48.2, and 48.3 during
                agreement on limits for the three sub-areas. The              the 1990-91 fishing season. This action sparked a
                Commission agreed that, should the total krill catch in       debate and led to agreement that the Commission
                sub-areas 48.1, 48.2 and 48.3 exceed 620,000 metric           would consider at its 1991 meeting elaboration of
                tons in any season (the sum of the historic maximum           measures to govern development of new fisheries 'in
                catches in each of the sub-areas), it would set precau-       the Convention Area.         To help prepare for this
                tionary limits for each of the sub-areas or on such           discussion, and at the same time ensure that the
                other bases as the Scientific Committee may advise.           exploratory crab fishery was consistent with Article II
                                                                              of the Convention, the National Marine Fisheries
                   The Scientific Committee again noted the need for          Service, in consultation with the Marine Mammal
                haul-by-haul and biological data concerning krill             Commission and the Department of State, required the
                catches, and advised the Commission that some                 permittee to develop and submit a Plan for Research
                members are not providing the required data. The              and Data Collection, including an Environmental
                Commission agreed that such data should be collected          Impact Assessment, for the proposed exploratory crab
                and provided to the Secretariat. The Soviet delegation        fishing.
                noted that technical difficulties had prevented them
                from complying with the data collection requirements.            Although logistic complications prevented the
                The Japanese and Korean delegations indicated that            fishermen from initiating exploratory crab fishin.    g  in
                legislation in their countries made them unable to            1991, the United States circulated the research plan
                provide the required haul-by-haul data.                       and environmental impact assessment to advise the
                                                                              Commission and Scientific Committee of what it had
                   Scientific Observers - To ensure        reliability of     done to ensure that the permitted fishing would be in
                length frequency and other biological information             conformance with Article H of the Convention.
                concerning krill and fish catches must be collected by        Following the U.S. example, the Commission adopted
                trained scientists or technicians. Both the Living            a conservation measure requiring that members,
                Resources Commission and the Scientific Committee             intending to develop a new fishery, notify the Com-
                had recognized this need and, at its last meeting, the        mission at least three months in advance of its next
                Commission directed the Secretariat to prepare and            meeting, and, with the notification, provide informa-

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                                                                                                      Chapter IV - Intemationd


            tion on the nature of the proposed fishery and baseline     ecosystem. Since then, the working group has devel-
            information on such things as the discreteness, distri-     oped and members have begun implementing a long-
            bution, abundance, and productivity of the stock or         range program plan, with three major components:
            stocks that would be affected by the fishery.               (1) monitoring of representative, land-breeding krill
                                                                        predators (e.g., Antarctic fur seals and Adelie pen-
               Assessment and Avoidance of Incidental Mortali-          guins) at a network of sites throughout the Antarctic;
            ty - In recent years, there have been reports of            (2) comprehensive studies'Of krill, krill predators, and
            significant seabird mortality associated with the           related environmental variables in three integrated
            longline fishery for Dissostichus eleginoides. Data         study areas (Prydz Bay, the Bransfield Strait, and the
            provided for consideration during the 1991 meetings         area around South Georgia Island); and (3) directed
            of the Living Resources Commission and Scientific           studies of the demography and dynamics of crabeater
            Committee suggest that 1,700 birds, including 580           seals in one or more pack ice areas. The working
            albatrosses, may have been caught and killed inciden-       group also has initiated development of standard
            tal to longline fishing in Sub-area 48.3 during the         methods and formats for collecting and reporting
            1990-91 season. There also is evidence that substan-        various types of predator, prey, and environmental
            tial numbers of seabirds may collide with and become        data. In addition, it has recommended that provision
            entangled in cables used to monitor trawl nets. To          be made to afford special protection to sites where
            minimize such incidental mortality, the Commission,         monitoring programs are being conducted.
            acting on the advice of the Scientific Committee,
            adopted conservation measures: (1) prohibiting the             The working group met at Santa Cruz de Tenerife,
            use of net monitor cables on fishing vessels in the         Spain, from 5-13 August 1991. The working group
            Convention Area after the 1993/94 fishing season; and       report, considered during the Scientific Committee's
            (2) requiring that longline fishing operations be con-      meeting, proposed that a workshop be held to review
            ducted using a streamer line to discourage birds from       available information and identify the most appropri-
            settling on baits during deployment of longlines and        ate procedures and technology for obtaining informa-
            that operations be conducted in such a way that the         tion on the at-sea behavior of penguins and pinnipeds.
            baited hooks sink as soon as possible after they are        The group recommended that a pilot study be conduct-
            put into the water.                                         ed, at two of the existing monitoring sites, to deter-
                                                                        mine how satellite imagery might be used to obtain an
               On a more positive note, information presented           index of sea ice information within the general forag-
            during the 1991 meeting of the Scientific Committee         ing range of the krill predators being monitored at the
            indicated that the number of fur seals found entangled      site. To allow formulation of management advice
            in net debris at Bird Island, South Georgia, had            based on comparative evaluation of predator, prey and
            declined by approximately 80 percent over the past          environmental data, the working group requested that
            two years, possibly reflecting positive results in          members annually make available data on the fine-
            efforts to stop dumping debris at sea.                      scale distribution of krill catches, estimates of krill
                                                                        biomass and movements, and relevant environmental
               Ecosystem Monitoring - The Convention for the            data from areas within the foraging range of krill
            Conservation of Antarctic Marine Living Resources           predators at the sites being monitored. The working
            requires that fishing and related activities in the         group noted that myctophids, particularly Electrona
            Convention Area be managed to prevent irreversible          carlsbergi and E. antarctica, are important prey for a
            changes in the structure and dynamics of the Antarctic      wide range of vertebrate predators and that there
            marine ecosystem, as well as to prevent overfishing         consequently is a significant likelihood of the rapidly
            and depletion of harvested populations. In 1984, the        expanding myctophid fishery adversely affecting
            Scientific Committee for the Conservation of Antarctic      vertebrate species dependent upon myctophids.
            Marine Living Resources established a working group
            to formulate and coordinate implementation of a                The Scientific Committee and Commission en-
            multi-national research program to assess and monitor       dorsed the working group's proposals. In addition,
            the status of key components of the Antarctic marine        the Commission provisionally endorsed a management

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               MARINE MAMMAL COMMISSION - Annual Report for 1991


               plan proposed by the United States to ensure that              (fur seals, Adelie penguins, and other seals and
               activities carried out by other member nations do not          seabirds) were conducted at Seal Island, off the
               interfere with long-term monitoring studies being done         northwest coast of the Antarctic Peninsula. Studies of
               at Seal Island.                                                physical oceanography, phytoplankton, krill, and
                                                                              fishes were carried out aboard the NOAA ship Survey-
                   Although substantial progress has been made in             or in the eastern Bransfield Strait and around Elephant
               implementing the provisions of the Convention on the           Island. These studies are to be continued in 1992.
               Conservation of Antarctic Marine Living Resources,
               the Marine Mammal Commission is concerned that                    As noted in the Commission's previous Annual
               the actions taken to date may be insufficient to ensure        Report, the value of basic and directed research being
               that new fisheries, and the existing fishery for Antarc-       conducted or supported by the National Science
               tic krill, do not pose threats to marine mammals and           Foundation and the National Marine Fisheries Service
               other components of the Antarctic marine ecosystem.            was noted during the Marine Mammal Commission-
               Therefore, in 1992, the Commission, in consultation            sponsored workshop held in December 1990 to assess
               with its Committee of Scientific Advisors, will under-         uncertainties and research needs regarding the Bering
               take a comprehensive review of past and ongoing                Sea and Southern Ocean ecosystems (see Chapter
               efforts to implement the Convention.                           VII). The workshop noted, however, that uncertain-
                                                                              ties about funding and available ship support were
               U.S. Antarctic Marine Living Resources                         preventing effective long-term planning and impairing
               Research Program                                               the ability of the United States to influence and
                                                                              participate in the coordinated, multi-national research
                   The Antarctic Marine Living Resources Convention           programs necessary to give effect to the Convention
               Act of 1984 established the domestic authority neces-          for the Conservation of Antarctic Marine Living
               sary for the United States to implement the Conven-            Resources. The Commission noted this in its 25 July
               tion on the Conservation of Antarctic Marine Living            1991 letter transmitting the workshop report to the
               Resources. Among other things, the Act directs that            National Marine Fisheries Service. The Comrru'ssion
               the National Science Foundation continue to support            echoed the workshop recommendation that the Service
               basic marine research in the Antarctic and that the            seek funding and ship commitments, at least two years
               Secretary of Commerce, in consultation with the                in advance and for periods of at least three to five
               Secretary of State, the Director of the National               Years, to permit better long-term planning and coordi-
               Science Foundation, and appropriate officials of other         nation with the basic research programs being sup-
               Federal agencies, such as the Marine Mammal Com-               ported by the National Science Foundation and the
               mission, prepare, implement, and annually update a             directed research programs being carried out by other
               plan for directed research necessary to effectively            members of the Commission and Scientific Committee
               implement the Convention.          In response to this         for the Conservation of Antarctic Marine Living
               directive, the National Marine Fisheries Service has           Resources.
               prepared and begun implementing a directed Research
               Plan. Ile plan was developed in consultation with              Environmental Impact Assessment
               the National Science Foundation, the Marine Mammal
               Commission, other Federal agencies, knowledgeable                 At the X1Vth Consultative Meeting, in October
               scientists in the United States and abroad, representa-        1987, the representatives of the Antarctic Treaty
               tives of the U.S. fishing industry, and representatives        Consultative Parties adopted a recommendation calling
               of interested U.S. environmental groups."                      upon their governments to evaluate, during the plan-
                                                                              ning process, the possible environmental impacts of
                  In 1991, scientists from and supported by the               scientific research programs and their associated
               National Marine Fisheries Service conducted research           logistic support operations in the Antarctic.           In
               in support of the ecosystem monitoring program                 response to this recommendation and Executive Order
               described above. Studies of land-based krill predators         12114 (requiring assessment of the possible environ-
                                                                              mental effects of ma or Federal actions abrc


                                                                          132






                                                                                                        Chapter IV - Intemational


            National Science Foundation prepared and, in early           preliminary review/planning process to determine how
                                                                                                e environment and existing or
            1991, distributed for comment a Draft Supplemental           they might affect th
            Environmental Impact Statement on the U.S. Antarctic         planned science and related logistic support activities;
            Program.     The supplemental statement updated a            (2) in cases where adverse effects are judged possible,
            Programmatic Environmental Impact Statement (PEIS)           prepare Environmental Impact Assessments or Supple-
            done in 1980.                                                mentary Environmental Impact Statements, as appro-
                                                                         priate, to ensure that possible adverse effects are
               The Marine Mammal Commission, in consultation             identified and due consideration given them during the
            with its Committee of Scientific Advisors, reviewed          planning process; and (3) design and implement
            the Draft Supplemental Environmental Impact State-           programs to assess and monitor the possible environ-
            ment and provided comments to the National Science           mental impacts of the U.S. Antarctic Program.
            Foundation by letter of 18 March 1991. In its com-
            ments, the Commission noted that the draft supple-               Unlike the United States, many of the countries
            mental statement focused on new initiatives regarding        operating research programs in the Antarctic have
            safety, environment, and health in Antarctica, but did       little or no practical experience with environmental
            not describe or provide an evaluation of the possible        impact assessment. To help overcome this problem,
            environmental impacts of the various components of           the Council of Managers of National Antarctic Pro-
            the U.S. science program and related logistic support        grams held a workshop in Bologna, Italy, on 17-19
            activities in Antarctica. Likewise, the Commission           June 1991 to develop a set of practical guidelines for
            pointed out that the draft supplemental statement did        meeting the environmental impact assessment require-
            not describe or provide an evaluation of the Founda-         ments for scientific and related logistic support
            tion's responsibilities for ensuring that non-govern-        activities in Antarctica. To assist in preparing for this
            mental expeditions originating in the United States or       workshop, the Commission, in a 20 March 1991 letter
            involving U.S. citizens comply with relevant measures        to the Director of the National Science Foundation's
            established by Antarctic Treaty recommendations, the         Division of Polar Programs, suggested that the Foun-
            Antarctic Conservation Act, the Marine Mammal                dation constitute an ad hoc working group, made up
            Protection Act, and other relevant statutes and agree-       of grantees and staff, to develop criteria for judging
            ments.                                                       when environmental impact assessments should be
                                                                         done to comply with the recommendation adopted at
               The Commission pointed out that information on            the XIVth Antarctic Treaty Consultative Meeting and
            the science program, as well as the logistic support         other relevant statutes and agreements. As a possible
            program, is needed to realistically assess the possible      first step, the Commission suggested that the ad hoc
            direct, indirect, and cumulative environmental impacts       working group be asked to develop: (1) a list of
            of the U.S. Antarctic Program. It suggested that the         environmental components of concern (e.g., air,
            Supplemental Environmental Impact Statement be               snow, ice and water quality, flora and fauna, Specially
            expanded to provide a description and evaluation of          Protected Areas, etc.); and (2) criteria as to what
            the possible environmental impacts of various compo-         would constitute negligible, minor or transitory,
            nents of the science program that is expected to be          significant, and unacceptable impacts on each of the
            carried out in the next five or ten years, and/or            components of concern.
            describe the procedures that are being or will be used
            to assess and avoid or minimize the possible adverse            On a related matter, the Environmental Protection
            effects of individual research projects and programs,        Agency convened a workshop in July 1991 to assist in
            as well as the logistic support and the new safety,          identifying studies that are being and could be done in
            environment, and health initiatives. With regard to          Antarctica to help assess environmental degradation
            the latter point, the Commission suggested that the          being caused by human activities outside Antarctica.
            Foundation: (1) institutionalize a system whereby            'Me Commission provided informal comments on this
            research proposals, new program initiatives, changes         and the previously mentioned Environmental Impact
            in logistic capabilities or techniques, new s      "tation   Assessment Workshop through the Interagency Ant-
            construction, etc. are routinely examined during the         arctic Working Group chaired by the Department of

                                                                     133






               MARINE MAMMAL COMMISSION - Annual Report for 1991

               State. A Commission representative participated in            As noted in its previous Annual Reports, the
               the Environmental Protection Agency's workshop.            Marine Mammal Commission believes that the Ant-
                                                                          arctic Treaty and the related agreements that form the
                  As noted earlier, a Meeting of Experts is to      be    Antarctic Treaty System provide the necessary basis
               held in June 1992 to consider and provide advice on        and best means for protecting and conserving marine
               environmental monitoring programs needed to give           mammals and their habitat in the Southern Ocean. In
               effect to the provisions of the Antarctic Treaty Proto-    1992, the Commission will continue to work with the
               col on Environmental Protection concluded in October       Department of State, the National Science Foundation,
               1991. The National Science Foundation is expected          the National Oceanic and Atmospheric Administration,
               to constitute and hold a meeting of an ad hoc working      the National Marine Fisheries Service, the Environ-
               group early in 1992 to develop a discussion paper that     mental Protection Agency, and other agencies and
               can be circulated in advance to facilitate the work of     organizations to help implement the Antarctic Treaty,
               the June 1992 Group of Experts meeting. Ile Com-           the recently concluded Protocol on Environmental
               mission, in consultation with its Committee of Scien-      Protection, the Convention for the Conservation of
               tific Advisors, will work with the Foundation and          Antarctic Seals, and the Convention for the Conserva-
               other interested agencies to assist in developing          tion of Antarctic Marine Living Resources.
               background information and preparing sound U.S.
               positions for these meetings.
                                                                                 Convention for the Prot"on
               Continuing International Interest in Antarctica                       and Development of the
                  As noted in the Commission's previous Annual                    Alai@ine Environment of the
               Reports, international interest in Antarctica has in-                WIder Caribbean Reffion
               creased in recent years. Since the Antarctic Treaty                   (CaiUgena Convention)
               entered into force in 1961, 28 additional nations have
               acceded to it, bringing the total number of Parties to        Ile United Nations Environment Program has
               40. Fourteen of the acceding states have achieved          developed and now sponsors 11 Regional Seas Pro-
               consultative status by establishing and maintaining        grams around the world.        Ile purpose of these
               research programs in the Antarctic, making a total of      programs is to establish a framework for international
               26 Parties eligible to participate in making decisions     cooperation among nations bordering a common body
               under the Antarctic Treaty.                                of water. Each program addresses marine environ-
                                                                          mental protection and development issues of mutual
                  In 1983, Malaysia raised the "Question of Antarcti-     concern within the region. One of the I I programs
               ca" in the United Nations. The subject has been            covers the Wider Caribbean Region, which includes
               raised at each session of the General Assembly since       the Gulf of Mexico, the Caribbean Sea, and the
               then, including the 46th session in 1991. At the 46th      adjacent Atlantic Ocean.
               session, the General Assembly adopted a resolution
               which, among other things, while welcoming the                Each Regional Seas Program is guided by an action
               signing of the Protocol on Environmental Protection,       plan that outlines needed regional environmental
               expressed disappointment that all members of the           projects (e.g., watershed management, oil spill
               United Nations were not invited to participate in the      contingency planning, and protection of endangered
               negotiations. It also expressed regret that the Secre-     and threatened species). Ile commitments of national
               tary General or his representative has not been invited
                                                                          governinents party to the program are formaUed by
               to attend the Antarctic Treaty Consultative Meetings.      international convention. Among other things, the
               It calls upon the Antarctic Treaty Consultative Parties    conventions set forth the scope, procedures, and
               to increase the level of cooperation and collaboration     responsibilities of parties. For special needs, agreed
               regarding research in Antarctica with a view to            measures may be further elaborated by protocols
               reducing the number of scientific stations in Antarcti-    adopted to expand or modify the conventions.
               ca.


                                                                      134






                                                                                                           aiapter IV - InternatimW


                An action plan for the Wider Caribbean Region               the total protection and recovery of species listed in
              as developed and approved in 1981. A related                  Annex II by prohibiting the taking, commercial trade,
            Convention - the Convention for the Protection and              and, to the extent possible, disturbance during sensi-
            Development of the Marine Environment of the Wider              tive biological periods.' Exceptions to these prohibi-
            Caribbean Region - was concluded in Cartagena,                  tions are permitted for scientific, educational, or
            Colombia, in 1983 and entered into force in 1986.               management purposes necessary for the survival of a
            Although 35 nations participate in the work under the           species. Plant and animal species that may be har-
            action plan, to date only 19 nations, including the             vested can be listed in Annex III. For these species,
            United States, have ratified or acceded to the Conven-          Parties are to adopt measures regulating their take in
            tion.                                                           a rational, sustainable manner that seeks to maintain
                The Cartagena Convention calls for cooperation in           populations at optimum levels.
            controlling marine pollution from various sources,                 The Protocol text was signed by representatives of
            including ships, offshore structures, land-based                13 countries, including the United States. It will enter
            sources, and projects to develop seabed resources. A            into force after ratification by 9 of the 13 nations.
            protocol on combatting oil spills has been written and          However, the three annexes to the Protocol were not
            adopted to help meet this objective.                            sufficiently developed by the January 1990 meeting
                                                                            for them to be adopted along with the Protocol text.
                The Convention also calls for efforts to protect rare       Therefore, before the Protocol could be considered for
            and endangered species and their habitats, respond to           ratification, the Parties needed to complete the three
            pollution emergencies, assess environmental impacts             annexes. For this purpose, the Parties asked the
            of proposed activities, and cooperate in scientific             Regional Coordinating Unit of the Caribbean Environ-
            research and the exchange of scientific and technical           -ment Program, which acts as the Secretariat for the
            information. When the Convention was opened for                 Convention, to develop proposed lists of species for
            ratification in 1983, a resolution was adopted calling          inclusion in the annexes. It also asked that an ad hoc
            on parties to develop a protocol elaborating measures           group of experts be convened to serve as an interim
            to protect special areas and wildlife throughout the            Scientific and Technical Advisory Committee for the
            Tegion. At their first meeting in October 1987, the             Protocol pending its entry into force. That group was
            Contracting Parties agreed to develop a protocol on             asked to review the proposed lists prepared by the
            specially protected areas and wildlife.                         Regional Coordinating Unit and to submit proposed
                                                                            annexes to a Conference of Plenipotentiaries, sched-
                Experts from involved countries subsequently met            uled for 1991.
            in  St. Croix, U.S. Virgin Islands, in October 1988
            and in Kingston, Jamaica, in June 1989 to draft the                The Regional Coordinating Unit completed its
            protocol. As noted in previous Annual Reports, the              work and the ad hoc group of experts subsequently
            Commission provided recommendations to the Depart-              met in Martinique in November 1990. The ad hoc
            ment of State during the process. Based on results of           group agreed on proposed species lists for each Annex
            those meetings, the Contracting Parties adopted the             to be tabled at the 1991 Conference of Plenipotentia-
            final text of the Protocol for Specially Protected Areas        ries.  Regarding marine mammals, all cetaceans,
            and Wildlife of the Wider Caribbean Region at their             pinnipeds, and sirenians were proposed for inclusion
            second meeting in Kingston, Jamaica, in January                 categorically on Annex 11 without specifying which
            1990.                                                           species occurred in the Wider Caribbean Region.

                Among other things, the Protocol calls on Parties              In preparation for the Conference of Plenipotentia-
            to  identify species of fauna and flora in the Wider            ries, the U.S. Fish and Wildlife Service published the
            Caribbean Region that might require special protection          proposed Annexes in the Federal Register on 21
            and to list them in one of three annexes. Greatest              March 1991 and asked for comments. On 8 May
            protection is to be given to species listed in Annexes          199 1, the Marine Mammal Commission replied to the
            I (plants) and Il (animals). Parties are to provide for         request. Noting the proposed categorical listing of

                                                                       135






               MARINE MAMMAL COMMISSION - Annual Report for 1991


               marine mammals in Annex H, the Commission                    ment regional recovery programs. Relative to this
               suggested that marine mammal species be listed               provision, two environmental groups, Monitor Inter-
               individually and provided a list of species known to         national and the Save the Manatee Club, convened a
               occur in the Wider Caribbean Region. The Commis-             meeting on 7 October 1991 in Maitland, Florida. The
               sion also noted that it was not dear whether listing in      purpose of the meeting was to identify and recom-
               Annex H would preclude the taking of some marine             mend steps to develop a Caribbean-wide recovery
               mammals that are now taken legally under the U.S.            program for West Indian manatees within the frame-
               Marine Mammal Protection Act for purposes of public          work of the Caribbean Environment Program and the
               display or incidental to commercial fishing or offshore      Cartagena Convention.
               oil and gas activities. With respect to West Indian
               manatees, the Commission noted that development of              Representatives of several Federal and State agen-
               a region-wide recovery plan under auspices of the            cies, including the Marine Mammal Commission, the
               Protocol could serve as a prototype plan for demon-          Regional Coordinating Unit for the Caribbean Envi-
               strating the value of the Protocol, while also affording     ronment Program, and several concerned environ-
               the species much needed protection. It therefore             mental groups participated. At the end of 1991, the
               recommended that the Service take steps to facilitate        final meeting report was being completed. Once it is
               development of such a recovery plan for manatees.            received, the Commission will review it carefully to
                                                                            determine firtlier steps that might be taken to encour-
                  In light of a desire by the Parties to avoid debate       age development of recovery programs throughout the
               on adding or deleting species on the proposed annexes        Caribbean.
               developed by the ad hoc group of experts, the U.S.
               delegation decided to take no action to propose listing
               marine mammals individually on Appendix H at the                Convention on International Trade
               upcoming Conference of Plenipotentiaries.            The                in Endangered Spedes
               Commission questioned whether this would preclude               of W-dd Fauna and Flora (MES)
               U.S. agencies from authorizing the take of marine
               mammals under the Marine Mammal Protection Act                  The Convention on International Trade in Endan-
               for purposes of public display and incidental to             gered Species of Wild Fauna and Flora, which entered
               commercial fishing operations and other activities.          into force in 1975, provides an international frame-
                  The Conference of Plenipotentiaries was convened          work for regulating trade in animals and plants that
               on 10-11 June 1991 in Kingston, Jamaica. At the              are or may become threatened with extinction. There
               meeting, the proposed lists of species for each Annex        are 113 Parties to the Convention, including the
                                                                            United States.
               were adopted without change, thereby completing
               work necessary for nations to begin the ratification            The extent of trade control under the Convention
               process. All cetaceans, pinnipeds, and manatees are
               thus included categorically in Annex H of the Proto-         depends upon the extent to which a species is endan-
               col. At the end of 1991, it was the Commission's             gered which, in turn, is reflected by its inclusion on
               understanding that the State Department had begun            one of three Appendices to the Convention. Species
               steps to consider ratification of the Protocol by the        included on Appendix I are those considered to be
               United States.                                               threatened with extinction that are or may be affected
                                                                            by trade. Species on Appendix II are not necessarily
                  Although it may be several years before a      suff,      threatened with extinction, but may become so unless
               cient number of countries ratify the Protocol and            trade in them is strictly controlled. Species also may
               effect its entry into force, it is possible that some        be included on Appendix H to facilitate enforcement
                                                                            of the Convention if those species are similar in
               interim efforts might be taken in anticipation of that.      appearance to, and may be confused with, other
               For example, Article 11 (5) of the Protocol calls upon       species protected under the Convention. Appendix III
               Parties to establish cooperative programs for manag-         includes species that any Party identifies as being
               ing and conserving species and to develop and imple-

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                                                                                                         Chapter IV - International


            subject to regulation within its jurisdiction for the            Other Federal activities concerning marine mam-
            purpose of preventing or restricting exploitation and         mals in 1991 also had a bearing on the Convention.
            for which the Party needs the cooperation of other            As discussed in the North Pacific fur seal section of
            Parties to control trade. Additions or deletions of           Chapter H, the National Marine Fisheries Service
            species listed on Appendices I and H require concur-          decided not to pursue an Appendix H or Appendix M
            rence by two-thirds of the Parties voting on a listing        listing of that species.     Activities with respect to
            proposal. In contrast, species may be placed on               totoaba, and efforts to enhance enforcement of trade
            Appendix III by individual Parties.                           prohibitions regarding this fish species, are discussed
                                                                          in the Gulf of California harbor porpoise section of
               Parties to the Convention meet biennially to               Chapter H.
            consider, among other things, changes to the lists of
            species on the Appendices. The Eighth Conference of              Other Parties to the Convention did not propose
            Parties to the Convention is scheduled to be held on          any changes to the Appendices with respect to marine
            2-13 March 1992 in Kyoto, Japan. The Fish and                 mammals. At the Sixth Conference of Parties in
            Wildlife Service acts as the lead agency on U.S.              1987, The Netherlands submitted, but later withdrew,
            delegations to such meetings. In preparation for the          a proposal to list the walrus on Appendix 11. During
            conference, the Service published a Federal Register          1991, the Commission was informed that the Nether-
            notice on 7 February 1991 soliciting suggestions for          lands had completed a new analysis to determine
            additions, deletions, or reclassification of species          whether the walrus meets the Convention's listing
            listed on the Appendices. On 24 July 1991, the                criteria. The Netherlands concluded that current data
            Service published a summary of the suggested listing          on trade in walruses are insufficient to support a
            changes for further public review before deciding             listing and decided not to propose an Appendix II
            whether to submit any of the proposals to the Conven-         listing at the Eighth Conference of Parties.
            tion Secretariat for consideration at the upcoming
            conference. Only one change with respect to marine
            mammals was proposed.                                                      Norffi Pacific Madne
               At the request of the National Marine Fisheries                   Science Organization WICES)
            Service, the Fish and Wildlife Service proposed                  The International Council for the Exploration of
            removing the northern elephant seal            (Mlrounga      the Sea (ICES) was established in 1902 to facilitate
            angustirostris) from Appendix H. In support of that           development of a program of international investiga-
            request, the National Marine Fisheries Service noted          tion of the North Atlantic Ocean and adjacent seas. A
            that the northern elephant seal has reoccupied almost         new constitution for the Council was established by
            all of its historic range and that utilization of the
            species is restricted to the few specimens collected for      the 1964 Convention for the International Council for
                                                                          the Exploration of the Sea. The purpose of the
            scientific research or public display or taken incidental     Council, as specified in the Convention, is to promote
            to commercial fishing operations.         The National        and encourage research and dissemination of informa-
            Marine Fisheries Service also indicated that the              tion concerning the living resources and other aspects
            species is protected in the southern portion of its           of the North Atlantic Ocean and adjacent seas.
            range under Mexican law. While northern elephant
            seal parts are difficult to distinguish from those of the
            southern elephant seal (Mirounga leonina), which                 The Council has served a useful function and, in
            would remain on Appendix H, the Service stated it did         the late 1970s, scientists and others involved in
            not believe that listing the northern elephant seal           marine research in the North Pacific began to discuss
            under the similarity of appearance provision was              the possibility of a similar organization to facilitate
            warranted because there is no known commercial                coordination of marine and other research in the
            trade in the southern elephant seal.                          North Pacific. These informal discussions led to a
                                                                          series of formal discussions involving representatives
                                                                          of the Governments of Canada, Japan, the People's


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               MARINE MAMMAL COMMISSION - Annual Report for 1991


               Republic of China, the Soviet Union, and the United                As noted above, the Convention for a North Pacific
               States - most of the countries bordering on and                Marine Science Organization will come into effect 60
               having principal interest in the North Pacific Ocem.           days after three of the five signatory states have
               These discussions led to the development of the                deposited instruments of ratification, acceptance, or
               Convention for a North Pacific Marine Science                  approval. This is expected to occur early in 1992.
               Organization (PICES). [Note: PICES is included in              To facilitate the work of the Governing Council that
               the formal title of both the Convention and the organi-        will be established when the Convention enters into
               zation established by the Convention. It is not an             force, the Commission, as noted in Chapter IX,
               acronym.]                                                      provided funds to the University of Washington to
                                                                              help support a workshop to review the state of knowl-
                  The Convention was concluded in December 1990               edge and identify research gaps and prioritie         !   in
               and will enter into force 60 days after it is ratified by      selected fields. The workshop was held at the Nation-
               three of the five signatory nations.         It provides,      al Marine Fisheries Service's Northwest Fisheries
               among other things, for the establishment of a Gov-            Science Center in Seattle, Washington, on 10-13
               erning Council, a Secretariat, and such permanent or           December 1991.         Participants included scientific
               ad hoc scientific groups and committees as may be              delegations from Canada, Japan, the People's Repub-
               determined necessary by the Council. The purpose of            lic of China, the Soviet Union, and the United States.
               the organization is to promote and coordinate marine           A Commission representative attended the workshop
               scientific research in the North Pacific Ocean and its         as an observer.
               adjacent seas, much as the International Council for
               the Exploration of the Sea does in the North Atlantic.             The workshop discussions were focused on four
                                                                              issues:     (1) climate change; (2) the Bering Sea;
                  The Commission believes that an organization,               (3) environmental quality; and (4) fishery oceanogra-
               similar to the International Council for the Exploration       phy. Information concerning related research being
               of the Sea, could be very beneficial and, in consulta-         carried out or planned by the various countries was
               tion with its Committee of Scientific Advisors, provid-        exchanged and discussed. Data gaps and research
               ed advice to the Department of State during negotia-           needed to fill those gaps were identified.
               tion of the Convention. As noted in the previous
               section, a workshop was convened by the Commission                 The workshop report, expected to be completed
               in December 1990 to assess uncertainties and research          early in 1992, will be provided to member states to
               needs regarding marine mammals and other aspects of            assist in preparing for the first meeting of the organi-
               the Bering Sea and Gulf of Alaska. The workshop                zation. The Marine Mammal Commission, in consul-
               report was transmitted by the Commission to the                tation with its Committee of Scientific Advisors, will
               National Marine Fisheries Service and the National             review the report and convey its views on critical
               Science Foundation on 25 July 1991. Among other                research needs and priorities to the U.S. members of
               things, the report noted that, while relevant research         the Governing Council.
               is being done by a variety of organizations in this and
               other countries, the research generally is planned and
               carried out, and its results analyzed, independently.          IUCN-The World Conservation Union
               To address this problem, the Commission recommend-                     Species Survival Commission
               ed in its letters transmitting the report that an inter-           h1arine Manunal Specialist Groups
               agency group be constituted to coordinate domestic
               research programs in the area and that an existing
               forum (such as the North Pacific Marine Science                    The World Conservation Union (formerly the
               Organization) be used or a new forum be established            International Union for the Conservation of Nature
               to facilitate cooperative planning and coordination of         and Natural Resources) Species Survival Commission
               marine research being carried out by the United States         oversees several groups of specialists concerned with
               and other countries in the area.                               the conservation of marine mammals. In 1991           ' the
                                                                              Marine Mammal Commission was involved in the


                                                                          138






                                                                                                          Chapter IV - Eriternational


             activities of three groups: the Seal, Cetacean, and           cephalus philippii), Saimaa seals (Phoca hispida
             Sirenia Specialist Groups.                                    saimensis), Baltic ringed seals (Phoca hispida bot-
                                                                           nica), Lagoda seals (Phoca hispida lagodensis),
             Seal Speciafist Group                                         Caspian seals (Phoca caspica), and Ungava seals
                                                                           (Phoca i4tulina mellonae). After completing the
                On 9-10 June 1991, a Commission representative             preliminary status reviews, the group agreed to
             participated in a meeting of the Seal Specialist Group        circulate drafts to selected experts to be reviewed and
             in Texel, The Netherlands.         The Seal Specialist        updated.     In its preliminary review of pinniped
             Group, composed of about 20 researchers with                  conservation needs, the group also agreed that issues
             experience in pinniped conservation and management,           concerning the survival of the Mediterranean monk
             met to work on a conservation action plan for pinni-          seal were the most pressing facing any pinniped
             peds. The plan will include a review of the status of         species.
             pinniped species worldwide and will propose needed
             actions for the conservation of many species.                    Several general categories of threats to pinnipeds
                                                                           were identified and discussed, including incidental
                The World Conservation Union maintains a series            catch in fishing gear, direct harvests. pollution and
             of Red Data Books listing species of wildlife that are,       contaminants, and the effects of commercial harvests
             may be, or have been in some need of conservation or          of pinniped prey species on pinniped populations.
             protection. Listed wildlife are assigned to one of            Descriptions of needed conservation actions were
             several categories: extinct (no confirmed sightings in        drafted to respond to species-specific and general
             the wild for at least 50 years), endangered (in danger        threats, and these will be developed more fully for
             of extinction), vulnerable (likely to become endan-           inclusion in a draft conservation action plan.
             gered in the near future), rare (small populations that
             may be at risk), indeterminate (known to be endan-               On 8 December 1991, members of the Seal Spe-
             gered, vulnerable, or rare, but lacking enough infor-         cialist Group met again in Chicago, Illinois, to review
             mation to determine which of the three categories is          progress on developing the draft plan. A final draft
             most appropriate), insufficiently known, and out of           of the plan is expected in July 1992.
             danger (formerly listed but now considered secure).
                                                                           Cetacean Speciafist Group
                The participants in the June 1991 meeting reviewed
             the status of all pinniped species and made the follow-          In 1988, the Cetacean Specialist Group published
             ing preliminary recommendations on Red Data Book              a cetacean conservation action plan. The plan recom-
             classifications: adding presently unlisted Steller sea        mended over 50 projects and actions for the conser-
             lions (Eumetopiasjubatus) as vulnerable; maintaining          vation of whales, dolphins, and porpoises to be
             Hawaiian monk seals (Monachus schauinslandt) and              implemented worldwide between 1988-1992.
             Mediterranean monk seals (Monachus monachus) as
             endangered; and reclassifying Caribbean monk seals               In 1990, the Marine Mammal Commission provid-
             (Monachus tropicalis) from extinct to endangered.             ed support to the Center for Marine Conservation in
             Final recommendations will be made in the action              its efforts to help implement the plan. This funding
             plan after additional review of the data and consulta-        supported the hiring of a staff member to work
             tions with species experts.                                   directly with the Specialist Group's Chairman.

                Other species considered at the meeting included              The cetacean action plan is expected to be revised
             Japanese sea lions (Zalophus califomianusjaponica),           and expanded in 1992 to reflect cetacean research and
             Australian sea lions (Neophoca cinerea), Hooker's sea         conservation needs through 1997. Publication of the
             lions (Phocarctos hookert), Laptev walruses (Odo-             revised plan is expected in November 1992.
             benus rosmarus laptevi), Guadalupe fur seals (Arcto-
             cephalus townsendt), Juan Fernandez fur seals (Arcto-


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                 MARINE MAMMAL COMMISSION - Annual Report for 1991


                 Sirenia Specia1ist Group

                     In 1991, the Marine Mammal Commission con-
                 tinued to provide support to the Sirenia Specialist
                 Group for the publication of its newsletter, Sirenews,
                 a compendium of information on sirenians that is
                 periodically sent to scientists throughout the world.
                 The Commission has provided partial support for the
                 newsletter's publication since 1988 and intends to
                 continue doing so.



                 Notes:


                 1.  The Antarctic Treaty Consultative Parties, as of 4 October
                     1991, were Argentina, Australia, Belgium, Brazil, Chile,
                     China, Ecuador, Finland, France, Germany, India, Italy,
                     Japan, Republic of Korea, The Netherlands, New Zealand,
                     Norway, Peru, Poland, South Africa, Spain, Sweden, the
                     Soviet Union, the United Kingdom, the United States, and
                     Uruguay-
                 2.  Copies of the Protocol may be obtained from the Office of
                     Oceans and Polar Affairs, Department of State, 2201 C Street,
                     NW, Room 5801, Washington, D.C. 20520.
                 3.  Reports of the meetings of the Commission and Scientific
                     Committee can be obtained from the Executive Secretary,
                     Commission for the Conservation of Antarctic Marine Living
                     Resources, 25 Old Wharf, Hobart, Tasmania 7000, Australia.
                 4.  Information concerning the National Marine Fisheries Ser-
                     vice's Antarctic Marine Living Resources Research Program
                     can be obtained from the Program Director, Southwest
                     Fisheries Science Center, 8604 La Jolla Shores Drive, P.O.
                     271, La Jolla, CA 92039.





























                                                                                  140







                                                             Chapter V


                     XURINE MANMAL STRANDINGS AND DUK.-OFFS


                Over the past decade and a half, there has been an       Striped Dolphin Die-Off
             increase in the incidence of unusual marine mammal          in the Mediterranean Sea
             mortalities throughout the world. These incidents
             have occurred in widely separated areas and have               As described in the previous Annual Report, nearly
             involved a variety of marine mammal species, includ-        750 dead striped dolphins (Stenella coeruleoalba)
             ing monk seals in the northwestern Hawaiian Islands,        were recovered from the Mediterranean coasts of
             harbor seals in New England, manatees in Florida,           Spain, France, and Italy during the last six months of
             and humpback whales in Cape Cod. Among the                  1990. Additional dead dolphins were reported in
             largest and most publicized were the deaths of more         other parts of the western Mediterranean, suggesting
             than 700 bottlenose dolphins along the U.S. mid-            that the actual mortality was substantially higher. The
             Atlantic coast in 1987 and early 1988, and more than        Commission provided funds in 1990 for two marine
             17,000 harbor seals in the North Sea later in 1988.         mammal veterinarians experienced in investigating
                                                                         such mortalities to conduct a site visit and consult
                As noted in the previous Annual Report, there            researchers carrying out the investigations. It also
             were two incidents of higher-than-normal bottlenose         provided supplemental support to help Spanish investi-
             dolphin mortality in the Gulf of Mexico in 1990.            gators determine the cause of the incident.
             There also was a catastrophic die-off of striped
             dolphins in the Mediterranean Sea. These events and            During the first half of 1991, the striped dolphin
             the role played by the Commission and its Committee         die-off decreased in intensity. However, dead dol-
             of Scientific Advisors in efforts to determine the cause    phins began to be recovered farther to the east. From
             and biological significance of these events are de-         June through September 1991, 198 dead striped
             scribed in past Annual Reports.                             dolphins were recovered from Italian waters, primari-
                                                                         ly along the southern Adriatic coast. By early Sep-
                                                                         tember, the. die-off had reached Greece, where at least
                UnusiW Events Oemring in 1"1                             35 dead animals were reported by early November.

                During 1991, the die-off of striped dolphins in the         The most up-to-date results of the continuing
             Mediterranean that began in mid-1990 continued to           investigations were reviewed at a workshop held in
             spread east. In addition, an unusually high number of       Spain on 4-5 November 1991.            The workshop,
             seals died in Long Island Sound, an outbreak of lepto-      sponsored by the Greenpeace International Mediterra-
             spirosis occurred in California sea lions in northern       nean Sea Project, included scientists who had worked
             and central California, and there were indications of       on the previously mentioned die-offs of bottlenose
             a possible fungal infection in dolphins along the south-    dolphins, harbor seals, and manatees, as well as
             east Florida coast. In each case, the Commission, in        scientists investigating the striped dolphin die-off.
             consultation with its Committee of Scientific Advisors,     Workshop participants concluded that the striped
             reviewed available information and provided guidance        dolphin die-off probably was being caused by a
             or other assistance to the organizations investigating      previously unknown morbillivirus, tentatively referred
             the events.                                                 to as delphinoid distemper virus. A similar morbilli-
                                                                         virus (phocine distemper virus) caused the mass
                                                                         mortality of harbor seals in the North Sea in 1988.

                                                                     141






               MARINE MAMMAL COMMISSION - Annual Report for 1991


               Workshop participants believed that the delphinoid           five agreed-upon criteria (see below) for deciding that
               distemper virus is distinct from the phocine distemper       special investigation is merited. Accordingly, the
               virus and has been present, but previously undetected,       Service had initiated an investigation, and had notified
               in the striped dolphin and other cetacean populations        organizations involved in responding to strandings
               in the Mediterranean Sea and elsewhere. That is, the         further north to be alert to the possibility of increased
               workshop participants doubted that the delphinoid            pinniped mortalities.
               distemper virus was a mutant form of either the
               phocine or canine distemper virus and that the dol-              By memorandum of 6 May 1991, the coordinator
               phins had not been infected by contact with either           of the Service's Northeast Regional Stranding Net-
               infected seals or dogs.                                      work provided a summary of available information
                  Many of the striped dolphins found dead in the            concerning the event. At that time, the remains of 33
                                                                            animals had been recovered. The Commission, in
               Mediterranean Sea had secondary bacterial and fungal         consultation with its Committee of Scientific Advisors,
               infections, and unusually high concentrations of             reviewed the summary. On 13 May 1991, the Com-
               organochlorine contaminants in blubber lipids. These         mission recommended to the National Marine Fisher-
               findings are similar to what was found in the bottle-        ies Service that (1) a medical director be appointed
               nose dolphins that died along the mid-Atlantic coast of      immediately to oversee the medical aspects of the
               the United States in 1987 and 1988. In both cases, it        investigation; (2) either the Gulf of Mexico Die-Off
               was judged that the contaminants were not the ulti-          Review Team or a substantial portion of the National
               mate cause, but may well have contributed to the             Task Group on Unusual Marine Mammal Mortalities
               deaths of the animals.                                       be convened as soon as possible to meet with the
                                                                            medical director and the stranding coordinator to
                  A shipboard population survey done in the western         review and evaluate all aspects of the investigation;
               Mediterranean in 1991 after the die-off had dimin-           and (3) given the migratory paths of some of the
               ished indicated that between 115,000 and 350,000             involved species, appropriate Canadian scientists be
               striped dolphins remained in the affected population.        invited to join the discussions.
               7bus, the die-off has not reduced the population to a
               level where it is in danger of extinction.                       Shortly after the Commission's letter was sent, the
                                                                            die-off abated. Tissues had been collected from many
               Seal Die-Off in Long Island Sound                            of the dead seals for bacterial, contaminant, and other
                                                                            types of analyses. At the end of 1991, the results of
                  In mid-March 1991, an unusually large number of           the analyses were not yet available.
               seals began to wash up on beaches around Shinnecock
               Bay, Long Island, New York. Over the next several            California Sea Lion Die-Off
               weeks, seals exhibiting similar skin lesions, thought
               possibly to be caused by bacterial infections, came              In July 1991, 12 California     sea lions (Zalophus
               ashore and died on several other beaches on the north        californianus) stranded live or washed up dead along
               side of Long Island. They were mostly harbor seals,          the north-central coast of California. All animals
               but included three hooded seals, one gray seal, one          were diagnosed as having leptospirosis, a disease that
               harp seal, and one ringed seal.                              periodically reaches epidemic proportions in Cali-
                                                                            fornia sea lions. The outbreak worsened in August
                  Representatives of the National Marine Fisheries          when 98 California sea lions were found sick or dead
               Service briefed the Commission on the die-off during
                                                                            along the California coast (compared to 35 in 1990
               the Commission's annual meeting on 25-27 April in            and 36 in 1989). Of these, 56 of 77 live animals
               Bellevue, Washington. At that time, the remains of           were diagnosed as having leptospirosis, and half of
               31 animals had been recovered, all showing a similar         those eventually died.      'Me event continued into
               type of skin lesion. Some of the animals had full            September and October, when 39 and 23 cases were
               stomachs, indicating that they died soon after eating.       diagnosed, respectively. In November and December,
               The Service noted that the episode met four of the           the number of affected animals dropped to 7 and 1.

                                                                        142






                                                                             Chapter V - Marine Mamm2l Strandings and Die-Offs

                A total of 144 animals were diagnosed as having           and dead-stranded marine mammals might be en-
             leptospirosis during the seven-month period. In view         hanced. The workshop participants recommended,
             of the fact that leptospirosis outbreaks occur periodi-      among other things, that regional networks of volun-
             cally, this was not judged to be alarming. In several        teers be established to improve reporting and investi-
             cases, animals were found with bladder cancers, un-          gation of strandings of both live and dead animals (see
             usual seizure disorders, and unusual skin diseases.          Appendix B, Geraci and St. Aubin 1979). In re-
             Organizations involved in rescuing and rehabilitating        sponse, the National Marine Fisheries Service, in
             sick and injured sea lions and other marine mammals          consultation with the Commission, has worked with
             in California are looking for further unusual occur-         public display facilities, museums, and other interest-
             rences of this nature.                                       ed organizations and individuals to establish volunteer
                                                                          stranding response networks in each of its manage-
             Bottlenose Dolphins in Biscayne Bay                          ment regions.

               During the 1990 die-off of bottlenose dolphins                In 1987, the Service sponsored a workshop to
             (Tursiops truncatus) in the Gulf of Mexico, the              review operation of the regional stranding networks.
             National Marine Fisheries Service's Southeast Fisher-        In 1989, the Service initiated an in-depth review of its
             ies Science Center obtained a permit to take animals         policies and programs regarding marine mammal
             from the Gulf of Mexico exhibiting unusual lesions or        strandings. The workshop proceedings and the report
             behavior. In December 1990, researchers working in           of the program review were published in 1991, and
             Biscayne Bay on Florida's east coast observed bottle-        can be obtained from the National Marine Fisheries
             nose dolphins that appeared to be infected with a            Service.
             fungal skin disorder known as lobomycosis. By April
             1991, the incidence of infected animals seemed to be            The stranding networks played an important role in
             increasing. The Center therefore requested an emer-          detecting and investigating the unusually high mortali-
             gency modification of its permit to allow collection of      ty of bottlenose dolphins that occurred along the U.S.
             tissue (biopsy) samples from the infected animals.           mid-Atlantic coast from June 1987 through January
                                                                          1988. The networks also were responsible for detect-
               On I May 1991, the National Marine Fisheries               ing, and provided assistance in investigating, the
             Service requested the Commission's comments on the           unusually high numbers of humpback whales that died
             emergency authorization request. The Commission,             in Cape Cod Bay in December 1987, the unusually
             in consultation with its Committee of Scientific             high numbers of bottlenose dolphins that died in the
             Advisors, reviewed the request and, by letter of 7           Gulf of Mexico in 1990, the unusually high mortality
             May 1991, recommended that it be approved. Subse-            *of seals in Long Island Sound in spring 1991, and the
             quently, the presence of lobomycosis was confirmed           outbreak of leptospirosis in California sea lions in the
             in one animal that stranded. Fortunately, there was          summer of 1991.
             no subsequent increase in strandings, suggesting that
             the disease had not caused or contributed to a substan-         As noted in previous Annual Reports, the Minerals
             tial increase in dolphin mortalities.                        Management Service, the Fish and Wildlife Service,
                                                                          the Smithsonian Institution, and many private and
                                                                          volunteer organizations, as well as the Commission
               Development or a National Die-off                          and the National Marine Fisheries Service, have
               Response Plan and Improvement of                           contributed to development of the regional stranding
                the Regional Stranding Networks                           networks.
               As noted in previous Annual Reports, the Commis-           Response Planning
             sion sponsored a workshop in 1977 to assess the                 As noted in the previous Annual Report, on 18
             possible causes of mass marine mammal strandings             December 1990, the National Marine Fisheries
             and to determine how the scientific value of both live-      Service, in response to a Commission recommenda-

                                                                     143






               MARINE MAMMAL COMMISSION - Annual Report for 1991


               tion, convened a meeting of the group that had been          would meet again early in April 1991 to review:
               constituted earlier in the year to review and provide        (1) the draft protocols; (2) the results of the 1990 Gulf
               advice on the Service's efforts to determine the cause       of Mexico die-off investigation; and (3) the results of
               of the unusually high numbers of bottlenose dolphins         ongoing efforts to develop an effective die-off re-
               found washed up on beaches along the northern Gulf           sponse plan.
               of Mexico earlier in the year. The purposes of the
               meeting were to review the results of the 1990 bottle-          To facilitate identification and consideration of-
               nose dolphin die-off investigation, provide advice on        related issues, the Commission developed a discussion
               measures that could be taken to be better prepared to        paper on "Development of a Coordinated Interagency
               respond to similar die-offs in the future, and consider      Marine Mammal Monitoring and Emergency Re-
               how best to utilize a special $400,000 Congressional         sponse Plan." Ile paper was sent to the National
               appropriation.                                               Marine Fisheries Service, the Environmental Protec-
                                                                            tion Agency, the Minerals Management Service, and
                  Meeting participants included representatives of the      other relevant agencies on 26 February 1991. The
               Marine Mammal Commission, the National Marine                paper described the problems that had impeded
               Fisheries Service, several academic institutions, the        investigation of the previously noted marine mammal
               Armed Forces Institute of Pathology, the Environmen-         die-offs. It identified seven things that could be done
               tal Protection Agency, the Naval Oceans Systems              to more effectively identify and be prepared to investi-
               Center, and the Fish and Wildlife Service. Meeting           gate such die-offs in the future: (1) evaluate and
               participants identified ways that the $400,000 special       improve operation of the Regional Marine _Mammal
               appropriation could be used to improve the Regional          Stranding Networks; (2) design and implement a
               Marine Mammal Stranding Networks. They noted,                program to determine and monitor the levels, sources,
               for example, that part of the supplemental appropria-        and effects of environmental contaminants present in
               tion could be used to prepare and distribute kits to         a representative sub-set of marine mammals inhabiting
               respond to unusual mortalities. The kits included data.      U.S. coastal waters; (3) review available information
               forms, as well as specimen bags, labels, knives, and         and conduct such additional studies as may be neces-
               other equipment and supplies needed to collect basic         sary to determine what and how natural biotoxins, may
               morphological data and tissue samples from routine           be contributing to unusual marine mammal mortali-
               strandings.                                                  ties; (4) design and conduct studies to improve basic
                                                                            knowledge of the types and etiology of bacteria,
                  The group noted that animals decompose rapidly            viruses, parasites, and other pathogens that affect
               after dying and that successfully determining the cause      marine mammals and of means for diagnosing and, as
               of unusual mortality events often requires obtaining         appropriate, treating or preventing highly contagious
               and collecting samples from animals soon after they          and debilitating diseases; (5) establish a contingency
               die. It recommended that the National Marine Fisher-         fund and an expert advisory group to assist in devel-
               ies Service develop standard protocols for doing post-       oping and implementing contingency plans; (6) expand
               mortem examinations of, and collecting tissue samples        basic population studies to obtain baseline information
               from, dead stranded marine mammals. It also recom-           necessary to judge the biological significance of
               mended that the National Marine Fisheries Service            unusual mortality events; and (7) constitute an inter-
               consider entering into agreements with veterinary            agency task force, with representatives from the
               schools or other organizations in each of its regions to     National Marine Fisheries Service, the Fish and
               conduct necropsies and collect standard sets of tissue       Wildlife Service, the Environmental Protection Agen-
               samples and other data from marine mammals recov-            cy, the Minerals Management Service, the Animal and
               ered during unusual mortality events. T'he group             Plant Health Inspection Service, and the Armed
               constituted four ad hoc subgroups to draft standard          Forces Institute of Pathology, to agree on a plan. for
               protocols for collecting general biological and life         cooperatively implementing the required programs.
               history information, conducting gross necropsies, and
               collecting samples for histopathology, microbiology,            On 8 April 1991, the National Marine Fisheries
               and toxicology analyses. It was agreed that the group        Service convened another meeting of the group

                                                                        144






                                                                             Chapter V - Marine Mammal Strandings and Die-Offs


                 bli ed to assist in developing and implementing          Development of a National
             estat Ish
             a national die-off response plan. In advance of the
                                                                          Marine NIanunal Tissue Bank
             meeting, the Service organized and held a workshop
             In Galveston, Texas, to field test the draft necropsy           During investigation of the 1987-1988 die-off of
             and tissue sampling protocols developed by the group         bottlenose dolphins along the U.S. mid-Atlantic coast,
             following its meeting in December 1990. The results          it became clear that there were inadequate baseline
             of this workshop were discussed and used at the 8            data and no source of tissues that could be analyzed to
             April meeting to revise and agree on a tentative             determine pre-existing levels of anthropogenic contam-
             schedule for completing standard protocols for collect-      inants and natural biotoxins, present in the population
             Ing life history information, conducting necropsies,         prior to the die-off. As a first step in avoiding this
             and collecting samples from dead stranded marine             problem in the future, the National Marine Fisheries
             mammals.                                                     Service initiated steps in 1989 to establish a National
                                                                          Marine Mammal Tissue Bank. Many of the protocols
                At the April meeting, the group also developed a          being used to collect, prepare, and store tissue sam-
             set of agreed criteria for determining when a mortality      ples are derived from a program begun by the Miner-
             event is sufficiently unusual to merit special investiga-    als Management Service in 1984 to obtain and curate
             tion. The criteria are:                                      tissue samples ftom walruses and other marine mam-
                                                                          mals taken by Alaska Natives for subsistence.
             0 the number of animals stranding is substantially
                higher than would be expected from prior strand-             Recognizing that the value of the Tissue Bank
                ing records;                                              would depend on the number, types, and quality of
                                                                          tissues being maintained, the National Marine Fisher-
             *  animals are stranding at a time of the year when          ies Service established a Group of Experts to oversee
   L            strandings generally are unusual;                         development of the bank. This group, which includes
                                                                          a Commission representative, has met at least once
             0  strandings are occurring in a localized area (POssi-      each year since 1989. In response to recommenda-
                bly suggesting a localized problem), are occurring        tions made by the group, the National Marine Fisher-
                throughout the species' geographic range, or are          ies Service has: (1) established basic protocols for
                spreading over a larger geographic range (suggest-        collecting, preparing, storing, and accessing tissue
                ing spread of an infectious disease) as time passes;      samples; (2) conducted a pilot program to test the
                                                                          protocols; and (3) initiated studies to determine
             0  the age or sex composition of the stranded animals        whether the levels of various contaminants present in
                is different than that of animals that normally           tissues vary with time or the part of the body from
                strand in the area; and                                   which the tissue samples are taken.

             0  the general physical condition (e.g., weight) of          Proposed Legislation
                stranded animals is different than that seen normal-
                ly, or the animals have unusual lesions.                     As noted above, difficulties and uncertainties
                                                                          encountered during investigation of the bottlenose
                A sixth and more or less independent criterion            dolphin die-off along the mid-Atlantic coast in 1987
             would be mortalities involving highly endangered             and early 1988 caused the Commission to initiate
             species. For example, stranding of only two or three         efforts to develop a National Die-off Response Plan.
             highly endangered right whales for reasons not               Also, as noted above, they caused the National Marine
             apparant (such as entanglement or ship collisions)           Fisheries Service to initiate development of the
             would merit immediate investigation.                         National Marine Mammal Tissue Bank, improve
                                                                          operation of the Regional Stranding Networks, and
                                                                          take other steps to be better prepared to respond to
                                                                          such unusual mortality events in the future. They also


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                MARINE MAMMAL COMMISSION - Annual Report for 1991


                caused several members of Congress to draft and                exotic diseases from domestic or other animals while
                propose enactment of a bill to amend the Marine                in captivity, and, when released, transmit those
                Mammal Protection Act "to provide for examination              diseases to wild populations with no natural immunity
                of the health of marine mammal populations and for             or resistance to them. In addition, both live and dead
                effective coordinated response to strandings and               stranded animals may pose hazards to the general
                catastrophic events involving marine mammals."                 public and to persons involved in rescue, rehabilita-
                                                                               tion, and release programs. Also, in cases where
                   The bill (H.R. 3486) is pending before the House            populations are at or near carrying capacity levels,
                of Representatives Committee on Merchant Marine                sick and dying animals may be a manifestation of
                and Fisheries. If enacted as written, it would direct          natural population regulation, and release of rehabili-
                the Secretaries of Commerce and the Interior to                tated animals back into the wild may cause the popula-
                cooperatively establish programs for collecting base-          tion to exceed carrying capacity, over-exploit food
                line data on the health of marine mammals inhabiting           supplies or other key habitat components, and result
                U.S. waters and for promptly responding to unusual             in population declines and more sick and dying
                live stranding and mortality events. It would establish        animals. Further, while in captivity, animals may
                a "Marine Mammal Emergency Response Contingency                lose their ability to locate and capture food, detect and
                Fund," and direct that the National Marine Fisheries           avoid predators, or interact normally with another
                Service establish a group of experts to assist in              animal of the same species. If so, return to the wild
                developing contingency plans and deciding how best             could result in undue mortality, pain, or suffering.
                to respond to unusual mortality events. At the end of
                1991, the Commission was reviewing and preparing                  It is not clear whether all of the organizations
                comments on the bill.                                          involved in, and responsible for authorizing, rescue-
                                                                               release programs are fully aware of and taking steps
                                                                               necessary to avoid the types of problems mentioned
                Workshop on Release of RehabilitaW                             above. Therefore, the Commission and the National
                      and Captive Marine Mammals                               Marine Fisheries Service cooperatively sponsored a
                                                                               workshop to review and determine what more might
                                                                               be done to avoid such problems. Ile workshop was
                   Each year, many sick and injured cetaceans,                 held in Chicago, Illinois, on 3-5 December 1991 It
                pinnipeds, sea otters, and manatees strand or haul out
                on beaches in the United States. In cases involving            included representatives of the National Marine
                species that are endangered, threatened, or depleted,,         Fisheries Service, the Fish and Wildlife Service, the
                it is possible that the rescue, rehabilitation, and return     Commission, the public display industry, rescue and
                                                                               rehabilitation centers, and representative state agen-
                of animals to the wild could help stop and reverse
                population declines. In cases involving non-depleted           cies, as well as experts in marine mammal disease,
                species and populations, these actions serve a human-          pathology, medicine, disease transmission, and public
                itarian function and can prevent undue pain and                health.
                suffering. In both cases, rescue and rehabilitation can          At the end of 1991, the Commission, in consul-
                help increase knowledge of the biology, physiology,            tation with its Committee of Scientific Advisors, was
                and diseases of marine mammals and identify causes             determining what follow-up actions might be merited
                of marine mammal mortality from both natural and               before completion of the workshop report, not expect-
                human-related causes.                                          ed until mid-1992.

                   In certain circumstances, rescue and rehabilitation
                programs may have undesirable effects. For example,
                if the rescued animals are carrying infectious diseases,
                they could transmit them to healthy animals being held
                at the rehabilitation facilities and possibly to domestic
                animals. Conversely, they possibly could contract


                                                                          146








                                                             Chapter VI


                                        IPYWACTS OF XMRINE DEBRIS


                Plastic and other synthetic material lost or inten-       1950s. At least three factors appear to have contribut-
             tionally discarded into the marine environment kills         ed to this trend. First, synthetic materials that de-
             and injures significant numbers of many marine spe-          grade slowly in sea water are being used more and
             cies, including marine mammals.          For example,        more in manufactured items commonly lost or dis-
             derelict fishing nets and traps, rope and line, strapping    carded at sea. As a result, the total debris load in a
             bands, and other such debris may attract and entangle        given area at a given time reflects the amount of
             or accidentally entangle marine mammals, seabirds,           synthetic material lost and discarded over a signifi-
             turtles, fish, and crustaceans. Marine animals also          cantly longer period of time than was the case when
             confuse floating plastic bags, small plastic fragments,      natural fibers predominated prior to the 1950s.
             and other debris with natural prey and ingest them.          Second, because synthetic materials often cost far less
                                                                          than the natural materials they replaced and because
                Among the animals affected are species listed as          many items are now made for one-time use (e.g.,
             endangered or threatened, and commercially valuable          plastic bags, bottles, cups, etc.), economic incentives
             crustaceans and fish. Indeed, marine debris kills            for re-using or recycling are reduced. Third, the
             some of the country's most imperiled marmie species          number of ships and coastal residents that lose or
             (e.g., Hawaiian monk seals, right whales, West Indian        discard debris have increased substantially.
             manatees, and Kemp's Ridley and green sea turtles)
             and its most commercially valuable species (e.g.,               As the amount of synthetic debris increases, so too
             lobsters and king crabs). Marine debris also poses           does its threat to wildlife.      Marine animals that
             serious health, safety, and navigation hazards for           become entangled in loops or openings of marine
             humans and causes aesthetic impacts that are costly to       debris may drown, lose their ability to catch food or
             clean up.                                                    avoid predators, or incur wounds and infections from
                                                                          the abrasion of attached debris. Those that ingest
                Since the early 1980s, the Marine Mammal Com-             objects made of synthetic materials may have digestive
             mission has played a major role in focusing domestic         tracks blocked, stomach linings damaged, or feeding
             and international attention on the need to assess and        drives reduced by a false sense of satiation. Because
             mitigate wildlife problems caused by marine debris.          of their increased durability and strength, synthetic
                                                                                                     to kill or injure animals than
             Among other things, the Commission provided initial          materials are more likely
             funding and terms of reference for the first intema-         natural materials used previously. That is, plastic
             tional symposium on marine debris in 1984. These             sheeting is more likely than paper to remain lodged
             and other past efforts are discussed in previous             for long periods in an animal's digestive tract, and
             Annual Reports. Activities undertaken by the Com-            monofilament nets will retain their ability to entangle
             mission and others in 1991 are discussed below.              and kill animals much longer than cotton netting.

                                                                             Until recently, the magnitude of such effects has
                                %ckffound                                 been masked by the size of the ocean, the deceptively
                                                                          simple nature of the threat, the erroneous perception
                The amount of debris in many      coastal and open-       that encounters between marine mammals and debris
             ocean areas has increased dramatically since the             are unlikely, and the apparent absence of large num-

                                                                      147






               MARINE MAMMAL COMMISSION - Annual Report for 1991


               bers of marine animals strangled, drowned, starved,           ing technological solutions to  address new discharge
               or choked by marine debris.                                   standards pertaining to ship-generated garbage.

                  However, plastic and other types of debris may be             In addition, Federal agencies, including the Marine
               concentrated by disposal patterns, winds, and ocean           Mammal Commission, and Congress accelerated U.S.
               currents on beaches, in drift lines, and along current        efforts to ratify and implement Annex V of the
               margins where marine mammals and other species are            International Convention for the Prevention of Pollu-
               most likely to occur. In addition, many species               tion from Ships. Annex V establishes an international
               actively seek out debris because of associated prey           framework for regulating the disposal of garbage from
               species attracted to the cover it provides, its resem-        ships. Among other things, it prohibits the discharge
               blance to prey, or because it represents objects of           of all plastics at sea. Its provisions apply to all ships
               play.   Thus, encounters between marine life and              (other than military vessels) registered with signatory
               debris are often not chance occurrences, but rather the       nations anywhere in the world and to all ships (foreign
               result of purposeful responses on the part of the             and domestic) within waters of a signatory nation.
               animals involved.      At the same time, however,
               evidence of encounters may not be readily apparent                Although Annex V was part of a Convention
               because animals that are killed may sink below the            Protocol concluded and opened for signature in 1978,
               surface, be eaten by predators, be scattered by their         most countries, including the United States, made
               own movements after becoming entangled and before             minimal efforts to vigorously pursue ratification and
               dying, or remain offshore or underwater where they            entry into force prior to the mid-1980s. This appears
               are not likely to be found.                                   to be due to a prevailing view that ship-generated
                                                                             garbage was principally an aesthetic problem, atten-
                  Widespread concern over the extent to which                tion to which could be deferred pending progress on
               marine debris pollution was affecting marine life can         other more serious ship pollution issues. Given the
               be traced to a November 1984 Workshop on the Fate             results of the 1984 Workshop on the Fate and Impact
               and Impact of Marine Debris convened by the Nation-           of Marine Debris, however, this view changed quickly
               al Marine Fisheries Service. The Commission's role            and, on 31 December 1987, the United States deposit-
               in recommending and guiding development of that               ed its instrument of ratification for Annex V.
               Workshop is discussed in previous Annual Reports.
               The Workshop proceedings clearly demonstrated that               U.S. ratification brought the number of        nations
               marine debris was a widespread form of marine                 acceding to Annex V to 31. Collectively, those
               pollution posing serious threats to a wide array of           nations represented more than half of the world's
               marine species.                                               commercial shipping tonnage. These levels satisfied
                                                                             the criteria for Annex V's entry into force internation-
                  In light of the workshop findings and other infor-         ally, and it triggered a one-year period during which
               mation, Congress provided funds to the National               acceding nations were to adopt the domestic regula-
               Marine Fisheries Service in 1985 to begin a Marine            tions necessary to give effect to the provisions of
               Entanglement Research Program.           The program,         Annex V within their areas of jurisdiction. Thus, on
               which has been carried forward annually since 1985,           31 December 1988, regulatory measures in Annex V
                                                                             became binding upon signatory nations.
               is one of only two U.S. programs directed explicitly
               at addressing research and management needs relating
               to marine debris pollution. The other program is part            Although it is not clear what proportion of marine
               of the Navy's research and development program.               debris originates from routine ship disposal practices,
               The Navy has dedicated extensive resources to devel-          disposal of ship-generated garbage at sea has been a
               op trash compactors, pulpers, plastic waste proces-           standard practice for centuries. It also is likely that
               sors, and other hardware for handling and processing          ships are the principal source of at least some of the
               solid wastes generated during the course of routine           materials (e.g., net fragments) most hazardous to
               vessel operations. By virtue of this program, the             wildlife. Effective implementation of the provisions
               Navy has become the leader in developing and apply-

                                                                        148






                                                                                          Chapter VI - Impacts of Marine Debris


             of Annex V is, therefore, a central part of efforts to      ing the program management task, continue or build
             resolve problems.                                           upon efforts begun in previous years. Because a
                                                                         substantial part of marine debris pollution appears to
                                                                         be caused by incremental effects of seafarers, beach
                      The Maeme                                          users, coastal residents, and others, preventing dispos-
                           Rftearch Progmm                               al requires broad public awareness of marine debris
                                                                         problems and disposal restrictions. A substantial part
                In 1985, Congress appropriated $1,000,000 to the         of program funding therefore is devoted to public
             National Marine Fisheries Service to develop and            education.
             begin implementing a program to address marine                 In this regard, the 1992 plan supports tasks to
             debris problems.     As noted in previous Annual            (1) continue and provide supplies for two marine
             Reports, the Commission played a major role in              debris information offices; (2) print brochures and
             identifying and organizing initial program efforts.         placards on marine debris pollution and vessel dis-
             The work begun that year has been carried forward           charge regulations for distribution by the Coast Guard
             since then through the National Marine Fisheries            Auxiliary; (3) continue a State of Hawaii education
             Service's Marine Entanglement Research Program,             outreach program and adapt it for use in other Pacific
             administered by the Northwest and Alaska Fisheries          island areas; and (4) in cooperation with the Intergov-
             Science Center. To continue the work, Congress has          erninental Oceanographic Commission's Caribbean
             appropriated between $700,000 to $750,000 annually          Subcommission, develop an education outreach
             since 1985 and directed that the Service obtain the               am for the Gulf of Mexico and the Wider
             concurrence of the Marine Mammal Commission on              progr
             how those funds are spent.                                  Caribbean Region.
                To help determine the future direction of the               Other parts of the 1992 plan support mitigation
             Marine Entanglement Research Program, the Service           work to (1) organize and carry out volunteer beach
                                                                         clean-up campaigns, (2) free entangled Hawaiian
             convened a program planning meeting on 19-20 June           monk seals and remove hazardous debris from seal
             1991 at the Northwest and Alaska Fisheries Science          haulout beaches in the Northwestern Hawaiian Islands,
             Center in Seattle, Washington. The purpose of the           (3) undertake a comprehensive review through the
             meeting was to review the status and results of recent
             marine debris-related research and management               National Research Council's Marine Board of U.S.
                                                                         strategies to implement and assure compliance with
             activities and to identify priority tasks to be carried     recent regulations to limit the disposal of garbage
             out in FY 1992. Representatives of the Commission           from ships, (4) complete a study of economic aspects
             and other involved Federal agencies participated.
                                                                         related to marine debris pollution and mitigation
                Based on results of the meeting, the Service             needs, and (5) assist U.S. efforts to broaden interna-
             developed a proposed program plan, which it sent to         tional acceptance and implementation of Annex V of
             the Commission for review on 4 November 1991.               the Convention for the Prevention of Pollution from
             The projects proposed in the plan appeared appropri-        Ships.
             ate to improve understanding marine debris pollution           In order to ensure, insofar as possible, that mitiga-
             or to reduce or mitigate its effects. Therefore, by         tion efforts focus on the most serious effects and
             letter of 13 December 1991 to the Service, the     Com-     respond to pollution trends in a timely manner,
             mission concurred with the plan and recommended
             that steps to implement it be taken promptly.               research and monitoring studies are needed to improve
                                                                         understanding of marine debris sources, effects, and
                The Fiscal Year 1992 plan allocates $685,800             trends. In this regard, the 1992 plan supports (1) a
             among 18 research and management projects address-          continuation of long-term studies to monitor the types
             ing education, mitigation, and research, and one            and amounts of entangling debris on certain Alaska
             program management task. Twelve projects, includ-           beaches, (2) work by the National Park Service to

                                                                     149



     M






               MARINE MAMMAL COMMISSION - Annual Report for 1991


               monitor trends in marine debris washing ashore at             Annex V. One amendment added the North Sea to
               selected National Seashores, (3) an assessment of the         the list of Special Areas identified in regulation five of
               capabilities of different types of fisheries observers        Annex V. The other amendment, proposed by the
               and existing fisheries observer programs to gather            United States, deletes an exemption from the Annex
               marine debris pollution data; (4) studies to develop          that allowed the accidental loss of plastic net frag-
               new methods of capturing juvenile sea turtles and             ments incidental to at-sea net repair work.
               marine debris along surface convergence zones and to
               otherwise assess impacts of marine debris on such                Both amendments became binding upon signatory
               animals during their pelagic phase; and (5) the pur-          nations on 18 February 1991. To make conforming
               chase of equipment necessary for disentangling large          changes in the domestic regulations implement'
                                                                                                                                     Ing
               whales off the New England coast.                             Annex V, the Coast Guard published proposed rule
                                                                             changes on 9 January 1991 and final rules on 29 April
                                                                             1991. The new amendments designate the North Sea
                 Domestic Regulations for Disposal of                        as a Special Area and eliminate an exemption for the
                                                                             loss of synthetic material incidental to the repair of
                         Sliip-Generateil Garkne                             fishing nets.
                  As noted above, the provisions of Annex V became
               binding upon signatory nations, including the United             Amex V of the Convention for the
               States, on 31 December 1988. To provide the domes
               tic authority necessary to give effect to its provisions,        Prevention of Pollution from SWps
               Congress passed the Plastic Pollution Research and
               Control Act of 1987. Among other things, the Act                 The Convention for the Prevention of Pollution
               amended the existing Act to Prevent Pollution from            from Ships is an international agreement concluded in
               Ships by granting the Coast Guard authority to                1973 to provide a cooperative international framework
               enforce regulatory provisions set forth in Annex V for        for eliminating intentional and minimizing accidental
               all navigable waters of the United States.                    pollution of the marine environment by ships. A
                                                                             Protocol concluded in 1978 added five annexes to the
                  The Coast Guard immediately began           developing     Convention. Each Annex sets forth regulations to
               regulations under the new authority.            Proposed      address a particular form of pollution: Annex 1, oil
               regulations were published in the Federal Register on         pollution; Annex 11, noxious liquid substances carried
               27 October 1988, interim rules were published on 28           in bulk; Annex III, harmful substances carried in
               April 1989, and most of the interim rules were                packaged form or freight containers; Annex IV,
               adopted as final rules on 4 September 1990. 'Me               sewage; and Annex V, ship-generated garbage.
               regulations (1) establish discharge limitations for
               disposal of ship-generated garbage that mirror those in          The Marine Environment Protection Committee of
               Annex V (Table 12), and (2) require ports to provide          the International Maritime Organization is the interna-
               adequate port reception facilities for ship-generated         tional organization responsible for overseeing interna-
               garbage returned to port. Commission comments on              tional cooperation relative to this Convention. The
               thdse rulemaking efforts are discussed in previous            U.S. Coast Guard serves as lead agency for delega-
               Annual Reports.                                               tions representing the United States at meetings of the
                                                                             Organization and its committees, held periodically in
                  During 1991, the regulations implementing Annex            London, England. The following discusses recent
               V were amended to conform with amendments to the              U.S. and international efforts relative to Annex V.
               Annex, which also became effective this year. As
               noted in previous Annual Reports, shortly after Annex         Guidelines for Lnplementing Annex V
               V entered into force late in 1987, the Marine Environ-
               ment Protection Committee of the International                   For the 24th Session of the Marine Environment
               Maritime Organization approved two amendments to              Protection Committee in February 1987, the Coast


                                                                         150











               Table 12. Summary of Garbage Discharge I:imitations under the International Convention for the Prevention of Pollution from
                              Ships (1973-1978) and the U.S. Act to Prevent Pollution from Ships, as Amended
                                                                            Discharge Prohibitions for All Vessels                                   Discharge Prohibitions
                          Type of Garbage                                                                                                            for Offshore Platforms
                                                                Outside Special Areas'                      Inside Special Areas'                    and Associated Vessels'
                    Plastics, including synthetic
                      ropes and fishing nets and              Disposal prohibited                        Disposal prohibited                       Disposal prohibited
                      plastic bags
                    Dunnage, lining, and packing              Disposal prohibited less than              Disposal prohibited                       Disposal prohibited
                      materials that float                    25 miles from nearest land
                    Paper, rags, glass, metal                 Disposal prohibited less than              Disposal prohibited                       Disposal prohibited
                      bottles, crockery, and                  12 miles from nearest land
                      similar refuse
                    Paper, rags, glass, etc.,                 Disposal prohibited less than              Disposal prohibited                       Disposal prohibited
                      comminuted or ground'                   3 miles from nearest land
                    Food waste not comminuted                 Disposal prohibited less than              Disposal prohibited less than             Disposal prohibited
                      or ground                               12 miles from nearest land                 12 miles from nearest land
                    Food waste comminuted or                  Disposal prohibited less than              Disposal prohibited less than             Disposal prohibited less than
                      ground'                                 3 miles from nearest land                  12 miles from nearest land                12 miles from nearest land
                    Mixed refuse types                        Apply most stringent disposal              Apply most stringent disposal             Apply most stringent disposal
                                                              restriction                                restriction                               restriction

                  Under the Act To Prevent Pollution from Ships, discharge limitations in the United States apply within all navigable waters, including rivers, lakes, and other inland
                  waters.
               2
               3  Special Areas are the Mediterranean, Baltic, Red, Black, and North Seas and the Persian Gulf/Gulf of Oman.
                  Offshore platforms and associated vessels include all fixed or floating platforms engaged in exploitation or exploration of seabed mineral resources and all vessels        0
                  alongside or within 500 m of such platforms.
               4  Comminuted or ground garbage must be able to pass through a 25-mm (1-inch) mesh screen.


                                                                                                                                                                                              V


                                                                                                                                                                                              W






               MARINE MAMMAL COMMISSION -.Annual Report for 1991                                                                           -7


               Guard submitted a paper on behalf of the United             the Marine Entanglement Research Program. Ibis
               States urging that guidelines be developed to provide       new information was reviewed at the Second Interna-
               nations advice on steps to implement Annex V. The           tional Conference on Marine Debris-a conference
               paper, drafted by the Marine Mammal Commission,             first recommended by the Marine Mammal Commis-
               reviewed information on the effects of ship-generated       sion-held in April 1989 in Honolulu, Hawaii.
               garbage, the importance of Annex V in addressing the        During the meeting, a Conference Working Group on
               issue, and the types of advice that would be appropri-      Policy and Law recommended that the Marine Envi-
               ate to include in guidelines addressing Annex V             ronment Protection Committee review its guidelines
               provisions. The paper was well received and the             for Annex V with a view towards improving advice
               Committee agreed to develop the guidelines. For this        on how best to develop port reception facilities.
               purpose, the U.S. delegation offered to draft guide-                                                               its
               lines for consideration at the next Committee meeting.         The Commission reviewed the workshop resu
                                                                           and concluded that this recommendation was particu-
                  The National Oceanic and Atmospheric Adminis-            larly important and merited prompt attention. It
               tration, with assistance from the Marine Mammal             therefore drafted a paper for submission to the Marine
               Commission and others, took the lead in drafting the        Environment Protection Committee reviewing new
               guidelines.    Upon completion, the Coast Guard             advice. Sections of the draft paper assessed adminis-
               submitted them for consideration at the 25th Session.       trative arrangements and procedures for setting up and
               They were circulated for review by the Committee            operating port reception facilities, the types and costs
               and, at the 26th Session in September 1988, the             of equipment for receiving and handling ship-generat-
               guidelines were adopted with modifications. Substan-        ed garbage in port; space requirements and siting
               tive sections of the guidelines address advice on           considerations for port reception equipment and
               training, education, and information; provisioning          storage; recovery of operating costs, educating port
               ships to minimize the amount of garbage generated;          users on the availability and use of garbage reception
               procedures for handling, processing, and storing            facilities; and projecting the amounts and types of
               garbage aboard ships; shipboard equipment for               garbage likely to be returned to port. The draft paper
               processing garbage; port reception facilities for           concluded with a request that the Committee review
               garbage returned to port; and ensuring compliance.          and, as possible, expand the port reception facility
                                                                           section of its guidelines.
                  Because of the difficulty in enforcing restrictions
               against at-sea disposal of garbage (due in part to the         The Commission provided the draft paper to the
               large ocean area to be patrolled and limited numbers        Coast Guard and recommended that it be submitted to
               of enforcement officers), effective implementation of       the Marine Environment Protection Committee. The
               Annex V must rely primarily on voluntary compliance         Coast Guard agreed with the points and du-ust of the
               by all seafarers. This, in turn, requires that all ship     paper and, with some modifications, it was submitted
               crews and passengers (1) understand why the new             to the Committee for consideration at its 30th Session
               restrictions are needed and what is required of them,       in November 1990. During the 30th session, the
               and (2) have access to port reception facilities so that    Committee agreed to consider revising the guidelines
               it is easy for them to comply. Therefore, to imple-         at a future session, based on an analysis of available
               ment Annex V effectively, it is critically important for    port reception facility information. For this purpose,
               nations to move quickly to ensure that adequate and         the U.S. delegation offered to receive and analyze
               convenient port reception facilities are available.         relevant information from Committee members.

                  When the guidelines for Annex V were written,               The Marine Entanglement Research Program
               however, little information was available on how to         assumed lead responsibility for carrying out the
               develop port reception facilities for garbage. The          delegation's commitment to review and analyze the
               section on this subject was therefore brief. Late in the    new information. Little information was submitted by
               1980s, however, much new information was being              Committee members and the Program therefore
               developed, particularly through projects supported by       contracted for a report that relied on the considerable

                                                                       152






                                                                                           Chapter VI - hnpacts of Marine Debris


             information that had been developed on the subject              For Special Area standards to take effect, however,
             within the United States. The report provided a very         Annex V requires that nations bordering the area first
             useful review of information on the subjects raised in       affirm to the International Maritime Organization that
             the Commission's paper recommending revision of the          adequate port reception facilities have been developed
             guidelines, as well as other relevant matters.               and are available at ports along its shores. To date,
                                                                          nations bordering the original five Special Areas have
                The final report was provided to the Coast Guard          not so advised the Organization. Thus, even though
             by the Marine Entanglement Research Program for              listed in the original Annex, the areas are not yet in
             submission to the Marine Environment Protection              effect. This situation underscores the need for further
             Committee at its 31st Session in July 1991. The              work on the above-mentioned port reception facility
             Netherlands also submitted a paper on port reception         guidelines.
             facilities to the Committee far its July session. It
             proposed developing a comprehensive manual to                   Since Annex V entered into force, however, the
             provide advice on how best to meet port reception            North Sea has been added to the list of Special Areas
             facility requirements for all types of ship-generated        and has entered into effect. A proposed amendment
             pollutants regulated under the Convention (i.e., oily        to add that water body was developed by nations
             wastes, noxious liquid substances, and garbage). The         surrounding the North Sea and submitted to the
             Committee agreed to the proposal and to an offer by          Marine Environment Protection Committee.             The
             The Netherlands to consolidate the guidance on the           amendment was adopted at the 28th Session and
             matter following the meeting. It therefore took no           subsequently circulated to member governments under
             action at the 31st Session to review advice on port          a tacit amendment process. This procedure allows
             reception facilities for garbage.                            measures to be accepted if a prerequisite number of
                                                                          objections are not filed within a given period.
                The 32nd Session of the Committee is scheduled
             for March 1992. At the end of 199 1, it was the                 The amendment cleared this process in 1990 and,
             Commission's understanding that The Netherlands was          following an additional six-month period to allow
             preparing a paper regarding development of the               signatory nations time to bring their domestic regula-
             comprehensive manual and that a working group of             tions into conformance with the new provision, the
             the Committee would be convened at the 32nd Session          listing entered into force on 18 February 1991. The
             to address The Netherlands' proposed manual. At              addition of the North Sea brings the number of
             that time, the U.S. report on port reception facilities      Special Areas listed under Annex V to six. The
             for garbage submitted for the July 1991 Session will         nations bordering the North Sea also have advised the
             be considered within the context of developing a             Organization that adequate port reception facilities
             comprehensive manual.                                        exist in ports bordering the area. Thus, the North Sea
                                                                          is the first Special Area under Annex V to actually
             Special Area Designations                                    become effective.

                Regulation five of Annex V provides for the                  Efforts to list the Gulf of Mexico as a Special Area
             establishment of "Special Areas" where more stringent        also are being pursued by the United States. Interest
             garbage discharge limits shall apply. Its purpose is to      in doing so is prompted, in part, by the serious debris
             address particular debris discharge problems in areas        problems evident along certain Texas beaches and
             where it may be concentrated because of factors such         concern about the effects of debris on resident sea
             as surrounding land masses, current patterns, etc.           turtles. As a related matter, the Marine Mammal
             Discharge standards for Special Areas are indicated in       Commission contracted for a review of information on
             Table 12. Five Special Areas (the Mediterranean,             marme debris in several areas, including the Gulf of
             Baltic, Black and Red Seas, and the Gulf of                  Mexico and Caribbean Sea (see Appendix B, Hene-
             Oman/Persian Gulf) are listed in the regulation; other       man and the Center for Environmental Education
             areas may be added by amending Annex V.                      1988). Among other things, the study report recom-
                                                                          mended that the Caribbean Sea, as well as the Gulf of


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               MARINE MAMMAL COMMISSION - Annual Report for 1991


               Mexico, be listed as a Special Area. In support of            men who are citizens of signatory nations or fishing
               listing the Gulf of Mexico as a Special Area for              in waters of signatory nations are responsible for any
               purposes of Annex V, the Environniental Protection            synthetic materials they may lose at sea, whether
               Agency prepared a summary of technical information            deliberately or accidentally.
               that the Coast Guard submitted for the 29th Session of
               the Marine Environment Protection Committee in
               March 1990.


                  At the 30th Session of the Committee in November
               1990, a proposed amendment to designate the Wider
               Caribbean Region, including the Gulf of Mexico as a
               Special Area, was developed by a drafting committee
               and circulated for review by member governments.
               Recognizing that all countries in the region may not
               develop port reception facilities within the same
               timeframe, the proposal provides that Special Area
               status may be conferred to sub-regions, such as the
               Gulf of Mexico, once nations around that sub-region
               notify the International Maritime Organization that
               adequate reception facilities exist.

                  During its 3 1 st Session in July 199 1, the Commit-
               tee adopted the proposed amendment, which is now
               being considered under the tacit amendment process.
               It will be considered accepted on 4 October 1992
               unless nations representing more than 50 percent of
               the world commercial shipping tonnage file objec-
               tions. Assuming the amendment is accepted, the new
               Special Area would be added to regulation five of
               Annex V on 4 April 1993. As no nations around the
               Gulf of Mexico or other subregions of the Wider
               Caribbean area have affirmed to the International
               Maritime Organization that adequate port reception
               facilities for garbage are in place, it is not clear when
               Special Area standards would become effective.

               Other Amendments to Annex V


                  At the 28th Session of the Marine Environment
               Protection Committee in October 1989, the U.S.
               delegation proposed an amendment to delete an
               exception to the discharge restrictions. The exception
               allowed accidental loss of net fragments made of
               synthetic material that were generated during the
               course of net repair operations. The amendment was
               adopted by the Committee and considered under the
               tacit amendment process.        Based on the lack of
               objections from members, the amendment became
               effective on 18 February 1991. As a result, fisher-

                                                                         154







                                                            Chapter VU


                      MARWE MANIMAL MANAGEMENT IN ALASKA


               While several states face difficult marine mammal          Secretaries of the Interior and Commerce to develop
            conservation problems, issues in Alaska present an            conservation plans for depleted and, when appropri-
            extraordinary challenge. Contributing to the complex-         ate, non-depleted marine mammals. Conservation
            ity of marine mammal issues in Alaska are the large           plans are similar to recovery plans for endangered
            populations of many different species within and              species. Their purpose is to help identify, organize,
            adjacent to State waters, the State's extensive and           and coordinate research and management programs to
            often remote coastline, the use of marine mammals for         restore marine mammal populations to optimum
            subsistence purposes, and interactions with commer-           sustainable levels or to maintain them at those levels.
            cial fisheries and offshore oil and gas development.
                                                                             As noted in past Annual Reports, the Commission
               In 1991, particularly important issues in Alaska           has long held that such planning would further conser-
            included developing conservation plans for selected           vation objectives for a number of marine mammal
            marine mammals, assessing the possibility of funda-           species in Alaska. In this regard, the Commission
            mental changes in the condition of marine ecosystems          supported efforts to develop a series of species reports
            in the Bering Sea and other parts of Alaska, imple-           with research and management recommendations for
            menting a marking and tagging program for marine              ten species of marine mammals in Alaska. The
            mammals taken by Native subsistence hunters to help           species reports were completed in 1988 (see Appendix
            collect harvest data and to prevent illegal taking and        B, Lentfer 1988) and transmitted to the Fish and
            trade in marine mammal products, and continuing               Wildlife Service and the National Marine Fisheries
            efforts to clean up and assess effects of the Exxon           Service.    Among other points, the Commission
            Valdez oil spill. In 1991, there were also significant        recommended that the species reports for walruses,
            developments in several marine mammal4elated court            polar bears, sea otters, and Steller sea lions be used as
            cases that bear on future marine mammal management            a basis for developing conservation plans. It also
            actions. These matters are discussed below.                   recommended that the conservation plan begun for
                                                                          North Pacific fur seals be completed.
               Efforts to protect and conserve Alaska's marine
            mammals also were made with respect to exploration               During the annual meeting of the Commission and
            and development of offshore oil, gas, and hard                its Committee of Scientific Advisors in Bellevue,
            mineral resources (see Chapter VIM, and particular            Washington, on 25-27 April 199 1, a careful examina-
            issues concerning walruses, harbor seals, North               tion was undertaken of issues pertaining to Alaska's
            Pacific fur seals, Steller sea lions, humpback whales,        marine mammals. This included the status of efforts
            bowhead whales, killer whales, polar bears, and sea           to develop conservation plans. Representatives of the
            otters (see Chapter 11).                                      Fish and Wildlife Service and the National Marine
                                                                          Fisheries Service attended and provided helpful
                     Species Conservation Plans                           information. Although there was general agreement
                          and Spedes Reports                              that developing conservation plans for each of the five
                                                                          species offered a valuable opportunity to identify,
                                                                          coordinate, and otherwise strengthen the basis for
               In amending the Marine Mammal Protection Act in            carrying out priority work, progress on the plans
            1988, Congress added a section that directs the               varied.

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                MARINE MAMMAL COMMISSION - Annual Report for 1991


                                                                             recent data on Steller sea lions and thereby improve
                   With respect to marine mammals under jurisdiction         the basis for evaluating and implementing priority
                of the Fish and Wildlife Service (i.e., walruses, polar      tasks identified in the recovery plan being developed
                bears, and sea otters), Service representatives noted        by the Service.
                that management plan advisory teams had been
                established for each species. The teams' purpose is to          Regarding North Pacific fur seals, the Service, as
                assist the Service with planning and oversight of            in previous years, made no substantive progress on
                priority tasks. Because of other pressing management         developing a draft plan (see also Chapter ED.
                needs, however, the Service had been unable to
                devote the staff or funds needed to complete draft              In addition to work* on the above species, the
                plans for any of the species.                                Commission took steps to update the harbor seal
                                                                             species report and develop a species report on killer
                   At its annual meeting, the Commission, therefore,         whales in Alaska (see Chapters 11 and M. Recent
                offered to help overcome these problems by arranging         information documents substantial declines in harbor
                for and paying for efforts to develop initial draft          seal numbers in parts of Alaska for reasons that are
                conservation plans for walruses, polar bears, and sea        not fully known. In addition, conservation issues
                otters. 'Me draft plans could then be used by the            have arisen in recent years regarding Alaska killer
                Service and its management plan advisory teams as a          whales. Among other things, there is evidence of
                starting point to develop the needed plans. Based on         fisheries interactions that have been detrimental to
                the favorable response at the meeting, the Commission        both fishermen and whales, and of possible adverse
                wrote to the Service on 29 April 1991 confirming its         effects from the Eccon Valdez oil spill (see below).
                offer to help develop initial draft plans.
                                                                                The species reports will provide a summary and
                   By letter of 30 August 1991, the       Service reaf-      analysis of recent data on both species and will
                firmed its desire to complete conservation plans for         include research and management recommendations.
                walruses, polar bears, and sea otters by the end of          They will be used by the Commission and others to
                1992. In this regard, the Service stated it would use        determine further actions that may be needed to
                the species reports completed by the Commission in           protect harbor seal and killer whale populations in
                1988 as well as any draft plans that the Commission          Alaska. The final reports are expected to be complet-
                would be able to provide. During 1991, the Commis-           ed by the spring of 1992 and, along with the Steller
                sion completed a draft plan for Pacific walruses and         sea lion report, will update the series of Alaska
                transmitted it to the Service. Draft plans for polar         species reports published by the Commission in 1988.
                bears and Alaska sea otters also were substantially
                completed in 1991, and the Commission expects to
                transmit them to the Service early in 1992. A de-                         The Bering Sea, and
                scription of these efforts is included in Chapter H.                  Gulf of Alaska Eeosystems
                   With regard to conservation plans for other Alaska           In addition to substantial declines in the number of
                marine mammals, a Recovery Team appointed by the             harbor seals (Phoca i4tulina), North Pacific fur seals
                National Marine Fisheries Service completed a draft
                                                                             (Callorhinus ursinus), and Steller sea lions (Ewneto-
                recovery plan for Steller sea lions and circulated it for    pias jubatus) discussed elsewhere in this Report,
                public review during 1991. As noted in Chapter U,            substantial declines also have been observed in four
                the Commission provided comments to the Service.             species of fish-eating birds in the North Pacific: two
                The final plan is expected to be approved by the             species of kittiwake, black-legged (Rissa tridactyla)
                Director of the Service early in 1992. As a related          and red-legged (R. breWrostfis), and two species of
                matter, the Commission contracted for a study to             murre, common (Uria aalge) and thick-billed (U.
                update the Steller sea lion species report that it had       lomWa).     Populations of other species, including
                published in 1988 (see Chapter IX). The updated              harbor porpoises (Phocoenia phocoena) and other
                report will compile and synthesize the large amount of

                                                                         156






                                                                              Chapter VII - Marine Mammal Management in Alaska


             small cetaceans, may have declined as well. As noted          tween seabirds and oceanographic factors in the
             in Chapter 11, the North Pacific fur seal and the             Bering Sea. Overall, PROBES effectively developed
             Steller sea lion have declined so precipitously that          hypotheses and presented information on the energy
             they have been listed, respectively, as depleted under        transfer from the base of the food web to fish and
             the Marine Mammal Protection Act and threatened               seabirds, but the study did not consider other higher
             under the Endangered Species Act.                             trophic level species.

                The cause or causes of the declines are not clear.             The second study, entitled the "Inner Shelf Trans-
             They may include: (1) entanglement in lost or dis-            fer and Recycling program," or ISHTAR, was carried
             carded fishing gear; (2) incidental take in driftnet,         out in the early 1980s by scientists from a number of
             trawl, and other fisheries; (3) decreased food avail-         institutions, including the Universities of Alaska,
             ability due to overharvesting of pollock or other             South Florida, Washington, and others, and was also
             finfish; (4) decreased food availability due to climate       supported by the National Science Foundation.
             or other natural changes affecting the distribution,          ISHTAR examined carbon and nitrogen cycling in the
             abundance, or productivity of important prey species;         Bering and Chukchi Seas and its effect on primary
             (5) diseases; and (6) environmental pollution.                production in the Arctic Ocean. It provided signifi
                                                                           cant insight into the processes that support the food
                Many studies have been and are being done to               webs, but, like PROBES, it did not examine interac-
             assess and monitor the status of and annual variation         tions with the higher trophic levels.
             in marine mammal, seabird, and fish populations in
             the Bering Sea and Gulf of Alaska. Some scientists                In 1979, the Marine Mammal Commission provid-
             are also trying to determine how bottom topography,           ed  funds to the North Pacific Fishery Management
             currents, wind, and other physical factors affect             Council to help support a review of available data on
             nutrient cycling, primary and secondary productivity,         the status, feeding habits, and habitat requirements of
             and other ecosystem processes. With few exceptions,           marine mammals in the Bering Sea. The review was
             these programs have been carried out independently.           conducted by the Alaska Department of Fish and
             Particularly in the case of seabirds and marine mam-          Game under contract to the Council, and was complet-
             mals, most research has been concerned with species-          ed in 1982. The report identified information gaps
             specific studies of the life history, ecology, behavior,      and recommended that a workshop be held to deter-
             and human use patterns. Little research has been              mine how best to obtain needed data and how avail-
             done on the interrelationships among fish, bird, and          able data could be used to improve and coordinate
             mammal species and the physical and chemical                  management of marine mammals and fisheries in the
             oceanographic, geologic, and climatological factors           Bering Sea. The workshop, co-sponsored by the
             that may affect them or the ecosystem of which they           Commission, the Council, and the Alaska Sea Grant
             are a part.                                                   College Program, was held in Anchorage, Alaska, in
                                                                           October 1993. The objectives of the workshop were
                In the  1970s and 1980s, two multi-year studies            to review existing knowledge of interactions between
             examined   the oceanography and productivity of the           marine mammals and fisheries in the southeastern
             Bering Sea. The first, entitled Processes and Resourc-        Bering Sea, identify critical data gaps and uncertain-
             es of the Bering Sea Shelf, or PROBES, was conduct-           ties concerning ongoing and planned research and
             ed by researchers at the University of Alaska with            monitoring programs, and describe actions that should
             support from the National Science Foundation. The             be taken to better meet the goals of the Marine
             PROBES study investigated interactions between and            Mammal Protection Act and the Magnuson Fishery
             among the climatological, chemical and physical               Conservation and Management Act. The workshop
             oceanographic, and biological processes -(mainly              report, published in 1984 (see Appendix C, Melteff
             primary and secondary production) that affect and             and Rosenburg 1984), provides a summary of avail-
             support the Bering Sea ecosystem. In considering              able information concerning fisheries, fish stocks, and
             higher trophic level interactions and effects, however,       marine mammals in the Bering Sea, and identifies
             the PROBES study only examined interactions be-               priority research and management needs.

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                MARINE MAMMAL COMMISSION - Annual Report for 1991


                   By the late 1980s, it had become even more                ture and relationships among key components of the
                apparent that the declines in Steller sea lion, fur seal,    Bering Sea and Gulf of Alaska ecosystems and the
                harbor seal, and seabird populations, and the signifi-       causes of the population declines. With respect to
                cant annual variation in the biomass of walleye              marine mammals, the participants concluded that the
                pollock and other fish and crustacean species in the         most critical uncertainties were: (1) the location and
                Bering Sea and Gulf of Alaska needed to be analyzed          availability of key prey species in areas where Steller
                as interconnected parts of the ecosystem, rather than        sea lions and harbor seals feed during the pupping and
                as separate conservation and management units. In            breeding seasons; (2) the winter distribution, move-
                the summer of 1990, the Marine Mammal Commis-                ments, and critical feeding areas of different age and
                sion consulted with a broad range of agencies and            sex classes of Steller sea lions and harbor seals; and
                individuals with expertise and responsibilities regard-      (3) the diet and principal feeding areas of North
                ing the Bering Sea and Gulf of Alaska. From these            Pacific fur seals in their first two years of life. They
                consultations emerged a consensus that available             also cited many areas where available data are insuffi-
                information should be compiled and evaluated as soon         cient to support ecosystem-based management.
                as possible to identify critical uncertainties and re-
                search needs for key components of these ecosystems              The workshop report, published in July 1991,
                and that this could best be accomplished by a work-          recommended improved research and monitoring
                shop.                                                        programs for many species for which there is insuffi-
                                                                             cient information to draw conclusions about the
                   Ile Commission subsequently consulted scientists          observed declines. The recommendations included:
                from the National Marine Fisheries Service, the Fish         (1) continuing ongoing programs to assess and moni-
                and Wildlife Service, the Alaska Department of Fish          tor Steller sea lions and North Pacific fur seals in the
                and Game, the University of Alaska, the University of        Bering Sea and Gulf of Alaska; (2) expanding efforts
                Washington, and other institutions to develop a              to identify and monitor declining harbor seal popula-
                workshop agenda and identify-participants. As marine         tions; (3) compiling and comparing fishery survey
                research programs being initiated in the seas surround-      data, and data on fishery development, fish catches
                ing Antarctica (see Chapter IV) are intended, in part,       and incidental take of marine mammals in the Berin;
                to avoid the types of management problems presently          Sea and Gulf of Alaska with available data on the
                being faced in the Bering Sea and Gulf of Alaska, the        Steller sea lion, fur seal, and harbor seal declines; (4)
                Commission concluded that it might be useful to              continuing and expanding efforts to use satellite-linked
                compare research and management approaches in the            radio tags to determine the at-sea movements and
                two areas. Thus, the scope of the workshop was               important feeding areas of Steller sea lions in order to
                expanded to include consideration of how experience          obtain information by season, age, and sex; (5)
                in the Southern Ocean might be used to improve               expanding the satellite-linked tracking program to
                research planning and management in both areas. Ile          obtain information on the at-sea movements and
                objectives of the workshop were to: (1) identify             important feeding areas of harbor seals in regions
                critical uncertainties concerning the causes of and          where declines have occurred; (6) if possible, using
                possible relationships among the observed population         similar techniques to determine the movement patterns
                declines in the Bering Sea and Gulf of Alaska;               and possible critical habitats of fur seals during their
                (2) identify the research that would be required to          first two years of life; and (7) surveying representa-
                resolve the uncertainties; and (3) determine how to          tive Steller sea lion, fur seal, and harbor seal feeding
                improve research planning and resource management            areas to establish baselines, and monitor the availabili-
                in both areas.                                               ty and nutritional quality of food fish present in the
                                                                             areas.
                  'Me workshop, funded by the Commission and the
                National Marine Fisheries Service, was held in                  Ile workshop report was forwarded to the Fish
                Seattle, Washington, on 12-13 December 1990. Ile             and Wildlife Service, the National Marine Fisheries
                participants identified the types of research that would     Service, and the National Science Foundation on 25
                be required to answer key questions about the struc-         July 1991.     At that time, the Commission made

                                                                         158






                                                                           Chapter Vil - Marine Mammal Management in Alaska


            recommendations to these agencies to improve re-             additional actions should be taken to assess and
            search and conservation programs in the Bering Sea           conserve marine mammal populations and other
            and Gulf of Alaska.         Among the Commission's           resources in the Bering Sea and Gulf of Alaska.
            recommendations were that: (1) the Services continue
            and expand their monitoring and assessment programs
            for marine mammal, bird, and fish populations in the                  The E=on Valdez Oil SpiH
            Bering Sea and Gulf of Alaska; (2) the Services and                    in PrinceWdfiam Sound
            the Foundation work together to either make use of
            existing, or, if necessary, develop new national and            On 24 March 1989, the oil tanker Euon Valdez
            international fora to assist in planning, coordinating,      ran aground on Bligh Reef in Prince William Sound.
            and analyzing the results of multi-disciplinary research     The accident ruptured the vessel's hull and caused the
            programs in the Bering Sea and Gulf of Alaska; (3) a         release of 11 million gallons of crude oil into the
            common data management system be developed and               sound. Over the next two months, spilled oil was
            used to facilitate storing, accessing, mapping, and          carried by winds and currents 500 miles west to
            integrating marine mammal, seabird, fish, fishery,           waters and beaches as far away as the Kodiak Archi-
            environmental, and other data; and (4) a group,              pelago and the Alaska Peninsula. More than 1,200
            including representatives of the National Oceanic and        miles of shoreline received moderate to heavy coats of
            Atmospheric Administration, the National Marine              oil. The accident produced the largest oil spill in
            Fisheries Service, the Fish and Wildlife Service, the        U.S. history.
            Minerals Management Service, the Alaska Department
            of Fish and Game, relevant academic institutions, and,
            as appropriate, industry and environmental groups, be           At least nine species of marine mammals occur in
                                                                         the Sound. They include sea otters, Steller sea lions,
            constituted to cooperatively plan, coordinate     I   and    harbor seals, harbor porpoises, Dall's porpoises, killer
            evaluate the results of U.S.-supported research in the       whales, humpback whales, minke whales, and fin
            area. Ile Commission further recommended that a              whales. In addition, several other species, including
            workshop be held, as described in the Commission's           gray whales and northern fur seals, occur in areas of
            "Recommended Guidelines to Govern the Incidental             the Gulf of Alaska affected by the spill.
            Taking of Marine Mammals in the Course of Com-
            mercial Fishing Operations after October 1993," to           Damage Assessment and Restoration Pla
            consider and provide advice on the management of
            commercially exploited fish stocks and the relation-
            ships among the fish stocks and other components of             Within 24 hours of the grounding, marine mammal
            the ecosystem of which they are a part (for a discus-        specialists from Federal and State agencies were on-
            sion of the Commission's recommended guidelines,             site to begin assessing the effects and determining how
            see Chapter RD.                                              best to minimize the impacts of the spill on marine
                                                                         mammals, as well as other resources. Efforts by the
                On 11-14 March 1991, the Alaska Sea Grant                Commission and others to coordinate and rank initial
            College Program held a workshop to assess whether            cleanup and damage assessment needs are discussed in
            the observed population declines in the Bering Sea and       previous Annual Reports.
            Gulf of Alaska may have been caused by fisheries-               Under applicable Federal law, a Natural Resources
            related or natural changes in abundance of pollock or        Trustee Council was formed shortly after the spill to
            other finfish that are the primary prey of Steller sea       oversee efforts to minimize and assess damages to
            lions, fur seals, and harbor seals. The workshop             natural resources. The Council includes one represen-
            participants discussed the problem of quantifying the        tative each from the Alaska Department of Fish and
            relationship between availability of food and the            Game, the U.S. Fish and Wildlife Service, the Na-
            observed declines. When the workshop report is               tional Marine Fisheries Service, and the U.S. Forest
            published, the Commission will review it and other           Service. Taking into account comments from the
            information (see below), in consultation with its            Marine Mammal Commission and many other agen-
            Committee of Scientific Advisors, to determine what

                                                                     159






               MARINE MAMMAL COMMISSION - Annual Report for 1991


               cies and organizations, the Council adopted a Federal-         Prince William Sound. A pilot study was planned to
               State Natural Resources Damage Assessment Plan in              attach satellite transmitters to five seals (two in April
               April 1989 for the first year of assessment work (i.e.,        1991 and three in September 1991), to evaluate the
               through 28 February 1990).                                     ability of the devices to gather data on seal move-
                                                                              ments, diving patterns, feeding locations, and haulout
                   As discussed in previous Annual Reports, the 1989          patterns. Also planned was an aerial survey of the
               assessment plan included 58 studies. Seven projects            sound during the autumn molt to continue monitoring
               costing approximately $1,900,000 addressed marine              the trend in seal numbers in oiled and non-oiled areas.
               mammal work.         Nearly half of those funds was            The estimated cost of harbor seal work for the 1991
               devoted to work on sea otters; the remainder was               planning period was $181,500.
               allocated to studies of effects on humpback whales,
               killer whales, stranded cetaceans, Steller sea lions,             The focus of work on killer whales was on improv-
               and harbor seals. In 1990, the Council approved a              ing the basis for identifying and describing habitat
               plan for damage assessment work during the second              requirements.      Planned work included continuing
               year (I March 1990 through 28 February 199 1).                 photographic identification to document the composi-
               Follow-up work for each of the 1989 marine mammal              tion of killer whale pods resident in Prince William
               studies was included, with the exception of work on            Sound; gathering and synthesizing all published and
               stranded cetaceans. Funding for the second year of             unpublished killer whale sighting data relative to the
               marine mammal studies again totaled about                      spill area; correlating that data with data on water
               $1,900,000, nearly two-thirds of which was allocated           depth, sea surface temperatures, and the catch of
               to sea otter studies.                                          killer whale prey species in commercial fisheries; and
                                                                              developing an assessment of habitat use patterns in
                   In 1991, the Council adopted a plan for the third          Prince William Sound. Also planned was an assess-
               year (1 March 1991 to 29 February 1992) of damage              ment of the feasibility of developing and applying
               assessment and restoration work. It included studies           satellite transmitters to tracking killer whales in 1993.
               on sea otters, killer whales, and harbor seals costing         The estimated cost of the killer whale work during the
               approximately $400,000. Studies conducted during               1991 plarming period was $43,500.
               the first two years after the spill on humpback whales
               and Steller sea lions were not continued in 1991.              Summary of Oil SpHl Impact

                   Regarding sea otters, the 1991 plan described a               Because of legal considerations related to pending
               three-year project (March 1991 to March 1993) to               lawsuits against Exxon seeking reimbursement for
               assess and monitor changes in sea otter densities in           spill damages, results of damage assessment studies
               Prince William Sound and to describe habitat use               were not released in 1989 or 1990. Given a pending
               patterns. Work scheduled for 1991 included efforts to          settlement of the Governments' suits early in 1991,
               evaluate, design, and implement aerial and vessel              however, a summary of impacts was made available
               surveys to monitor pup and non-pup densities in                in March 1991. The settlement later fell apart and
               different parts of the sound and to compare habitat use        further details were withheld. Available assessments
               patterns in oiled and non-oiled areas. The continua-           of the nature and magnitude of effects therefore
               tion of work in 1992 and 1993 will depend on the               remain preliminary. The following describes effects
               results of work in 1991. The cost of work proposed             of the spill on marine mammals based on preliminary
               for 1991 was estimated at $176,600. Work also will             information released as of the end of 1991.
               continue on monitoring otters instrumented with
               transmitters and released back to the wild prior to                 The most apparent oil spill impact on marine
               1991.                                                          mammals was to sea otters. Preliminary estimates of
                                                                              the number of otters killed directly by the spill range
                   The goal of harbor seal studies was to gather data         from 3,500 to 5,500 animals. During 1989, 1,011
               on the abundance, behavior, and habitat use patterns           sea otter carcasses were recovered from the spill area,
               of seals in previously oiled and non-oiled areas of            including 490 from Prince William Sound, 188 from

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                                                                               Chapter VII - Marine Mammal Management in Alaska


             the Kenai Peninsula, 198 animals from the Kodiak               from oiled areas. In addition, mortality rates among
             Archipelago, and 135 that died at rehabilitation               prime aged otters (ages 2 to 8 years) in heavily oiled
             centers or aquaria. Prior to the spill, the number of          areas were abnormally high in 1990, and preliminary
             otters in Prince William Sound was estimated to be as          data from the spring of 1991 suggest yearling mortal-
             high as 10,000 animals; the number of otters in the            ity is higher in oiled areas than in non-oded areas of
             Gulf of Alaska was estimated to be at least 20,000             the sound.
             animals. Post-spill population estimates are not yet
             available.                                                         Harbor seals also were affected by the spill. Live
                                                                            oiled seals were unusually lethargic and unwary. The
                The cause of death for many otters was hypother-            carcasses of 19 seals were recovered and some 200
             mia. Ibis was due to matting of fur by oil, which              harbor seals were estimated to have been killed. Most
             caused the loss of its insulating capability. Others           of the dead animals were not recovered because seals
             died from acute toxic effects. Necropsies on otters            usually sink when they die. The only estimate of
             that died at rehabilitation centers during the first three     harbor seal numbers in Prince William Sound was in
             months after the spill revealed high rates of lung             the mid-1970s when the population was estimated to
             lesions, particularly pulmonary emphysema. Toxic               be 3,000 to 5,000 animals.           Surveys of selected
             hydrocarbon fractions evaporate rapidly in the first           haulout areas in 1984 and 1988 indicate that harbor
             hours and days after a spill, and the observed lung            seal numbers were declining in the sound before the
             abnormalities probably were caused by inhaling toxic           spill for reasons that are not known. After the spill,
             vapors in the early stages of the spill. All but two of        between 1988 and 1990, they continued to decline at
             the severe cases of emphysema were found in the first          a similar rate at non-oiled sites (13 percent mortality)
             six weeks after the grounding. High rates of liver             but at a significantly greater rate at oiled sites (35 per-
             abnormalities and high concentrations of hydrocarbons          cent mortality).
             in the blood also were reported from otters that died
             at the rehabilitation centers. Stress from capture and             Harbor seals may have encountered and ingested
             handling also may have contributed to the death of             oil or oil-contaminated prey for some time after the
             some animals.                                                  spill. Petroleum hydrocarbons found in bile samples
                                                                            taken from seals sampled a year after the spill were
                Efforts to   mitigate the effects of the spill by           five to six times higher in previously oiled than in
             rehabilitating  oiled otters resulted in 329 animals           non-oiled areas. It also is possible that the elevated
             being captured live and brought to rehabilitation.             levels were caused by metabolizing fat reserves
             centers for cleaning. Before the centers closed in             deposited during the spill.
             September 1989, 193 otters were either reintroduced
             back into the wild or placed in aquaria because they               Effects on killer whales are uncertain. Based on
             were judged unsuitable for release. Of the animals             extensive pre-spill information, nine distinct pods of
             released into the wild, 45 of the healthiest animals           killer whales, including approximately 182 animals,
             were fitted with radio transmitters to help assess             occurred in the sound before the spill. Through
             subsequent survival rates. In March 1991, it was               photo-identification techniques, it was determined that
             reported that 16 of the tagged animals were still alive,       one pod known to contain 36 animals six months
             13 were known dead, 15 were missing, and the                   before the spill had seven fewer animals one week
             transmitter on one animal was known to have failed.            after the spill. The missing animals remained unac-
                                                                            counted for in 1990 and six more animals disappeared
                There are indications that sea otters continue to be        from the pod. Such losses are highly unusual and
             exposed to and be affected by petroleum hydrocar               may be related to the spill. However, it is also
             bons. Blood and fat samples collected in 1990 from             possible that factors other than the spill are respon-
             otters in previously heavily oiled areas had elevated          sible.
             concentrations of certain aromatic compounds.
             Elevated petroleum hydrocarbon concentrations also
             continued to be found in sea otter prey items taken

                                                                         161






               MARINE MAMMAL COMMISSION - Annual Report for 1991


                         Federal Marine Mammal                                  In 1990, the Service began using a computerized
                                                                             data management system to help store, manipulate,
                   Markhg and Tagging.Regulations                            and retrieve data gathered through the marking and
                  In 1981, the Marine Mammmi Protection Act was              @gging program. Ile following year, the Service as-
               amended to give the Fish and Wildlife Service and the         signed a second employee to work full-time on the
               National Marine Fisheries Service authority to pro-           marking and tagging program. Also in 1991, the
               mulgate regulations requiring the marking, tagging,           Service changed the way in which it maintains data
               and reporting of marine mammals taken by Alaska               with respect to polar bears. While data for sea otters
               Natives. The purpose of the amendment was to make             and walruses will continue to be maintained on a
               it possible to obtain better information on the marine        calendar year basis, polar bear data is now recorded
               mammals taken for subsistence and handicraft purpos-          on the basis of a harvest year, which runs from I July
                                                                             to 30 June. This change will facilitate comparison of
               es and to prevent illegal trade in products from those        recent polar bear data with data from past years.
               species.
                   Marking and tagging regulations were published               Data on the number of marine mammals tagged
               by the Fish and Wildlife Service on 28 June 1988.             under the Fish and Wildlife Service's program
               They require that, within 30 days of taking any polar         through 1991, are presented in Table 13. To date, the
               bear, walrus, or sea otter, the Alaska Native hunter          National Marine Fisheries Service has not implement-
               must report the take to the Service and present speci-        ed any marking and tagging regulations for species
               fied parts of the animal to be marked and tagged.             under its jurisdiction which are taken by Alaska
               Polar bear and sea otter skins and skulls and walrus          Natives for subsistence or handicraft purposes.
               tusks must all be marked or tagged. Reports must
               include, among other things, the date and location of
                                                                                                    oil Related to
               the take and the sex of the animal taken. Raw,
               unworked, or tanned parts from these three species                   Marine Aftunials in Alaska
               taken between 21 December 1972 (the date the Marine
               Mammal Protection Act became effective) and 26                   Katelnikoff v. U.S. Department of the Interior,
               October 1988 (the effective date of the regulations)          Didilckson v. U.S. Department of the Interior, and
               that had not yet been converted into handicrafts or           Alaska Sea Otter Commission v. U.S. Department of
               clothing were required to be presented for marking by         the Interior - The Katelnikoff lawsuit was filed in
               24 April 1989.       Possession or transportation of          1985 in the U.S. District Court for the District of
               unmarked marine mammal parts, except as authorized            Alaska. It concerns the take of sea otters for handi-
               in the regulations, is a violation of the Act.                craft purposes. At issue was confiscation by the Fish
                                                                             and Wildlife Service of certain items - teddy bears,
                   Since promulgating its regulations, the Service has       hats and mittens, fur flowers, and pillows - made of
               worked closely with Native groups and the State of            sea otter pelts by Alaska Natives and offered for sale
               Alaska to implement the marking and tagging pro-              as handicrafts. The Service confiscated the items be-
               gram. At present, almost 100 individuals, in more             cause it did not consider them to be traditional Native
               than 80 coastal villages, have been trained and author-       handicrafts of a type made prior to passage of the
               ized to tag marine mammal parts taken by Alaska               Marine Mammal Protection Act in 1972. Under the
               Natives.    The authorized taggers include Native             Service's regulatory definition of "authentic native
               village residents working under contract to the Ser-          articles of handicrafts and clothing" adopted in 1972,
               vice, and Service employees in Anchorage and at               the Act's Native exception applied only to traditional
               National Wildlife Refuges. Taggers, responsible for           handicrafts commonly made by Alaska Natives on or
               specific geographic areas, affix official tags and marks      before the effective date of the Act. Ile plaintiff
               to marine mammal parts and collect information on             challenged the validity of the Fish and Wildlife
               the harvested animals.                                        Service's regulatory definition, arguing that the Act



                                                                        162






                                                                                           Chapter V11 - Marine Mammal Management in Alaska


                                                                                        tary interpretation of the handicraft definition as it
                Table 13. Number of Sea Otters, Wah-uses, and                           applies to sea Otters-
                                Polar Bears Presented for Marking
                                and Tagging by Alaska Natives                               The Service followed the Court's advice and, on
                                                                                        14 November 1988, published a proposed rule provid-
                   Year'         Sea Otters Walruses Polar Bears                        ing additional guidance on allowable uses of sea otters
                                                                                        in the making and selling of traditional handicrafts and
                   Pre-rule            470             1,293          139               clothing. After an extensive comment period, the
                   19883                 52                 1         136               Service published a final rule amending its regulatory
                   1989                273               765          105               definition of "authentic native articles of handicrafts
                   1990                188             1,483             59             and clothing" on 20 April 1990. The amended
                   19914               127             1,938              3             definition clarifies that no items created in whole or in
                                                                                        part from sea otters fit within the definition. Under
                1  Sea otter and walrus data are provided on a calendar year            the amended regulation, no sea otter handicrafts may
                   basis. Polar bear data are provided on the basis of the, harvest     be sold.
                   year, which runs from I July of the year indicated to 30 June
                2  of the following year.
                   "Pre-rule" refers to stocks of raw, unworked, or tanned                  Plaintiffs challenged the legality of the final rule
                   marine mammal parts from animals taken between 21 Decem-             and filed a motion on 17 July 1990 seeking to enjoin
                   ber 1972 and 26 October 1988 and still held by Native hunters
                   when the regulations became effective.                               enforcement of the new regulatory interpretation.
                3  Figures include only marine mammals taken after 26 October           Plaintiffs contended that the regulation was inconsis-
                   1988. Figures for polar bears include those animals taken
                   between 26 October 1988 and 30 June 1989.                            tent with the rulemaking record which, they alleged,
                4  Preliminary estimate only. Receipt of harvest certificates may       supported the view that trade, barter, and other
                   not be complete.                                                     economic uses of sea otter handicrafts and clothing by
                                                                                        Alaska Natives before 1972 were extensive.                        In
                                                                                        addition, plaintiffs reasserted their earlier argument
                preserved the right of Alaska Natives to take marine                    that the 1972 cut-off date for determining whether
                mammals for handicraft purposes regardless of wheth-                    handicrafts had been traditionally made was inconsis-
                er such items had been commonly made before the                         tent with the Marine Mammal Protection Act and its
                Marine Mammal Protection Act took effect.                               legislative history. The Alaska Sea Otter Commission
                   On 21 July 1986, the Court ruled in favor of the                     fil.ed a similar challenge, which was later consolidated
                                                                                        with plaintiffs' lawsuit. Friends of the Sea Otter,
                Service, holding that the language of the Act and its                   which had supported adoption of the new regulation,
                legislative history supported establishing 1972 as a                    was granted intervenor status on 18 October 1990.
                cutoff date in the regulations.             However, a new
                challenge to the Service's definition was filed by an                       At a status conference among the parties on 31
                intervening party (Didrickson) in October 1987. The                     October, plaintiffs withdrew their motions for injunc-
                new challenge claimed that the regulation was uncon-                    tive relief and, instead, agreed to have the case
                stitutionally vague because it did not provide sufficient               reviewed on cross-motions for summary judgment.
                guidance to determine what handicrafts were common-
                ly produced from sea otters before 21 December 1972                     Oral argument was heard on 24 January 1991.
                when the Act took effect.                                                   The Court issued an opinion on 17 July 1991,
                                                                                           ling in plaintiffs' favor. In so doing, the court
                   On 27 June 1988, the Court issued an order stating                   ru
                that it would consider the new challenge and strongly                   noted that "it was on the wrong track" when it initial-
                implying that the regulatory definition would be found                  ly ruled for plaintiffs in 1986. Upon re-ex i 1 9
                to be vague. The Court therefore suggested that the                     the matter, the court found that no deference was due
                                                                                        the Service's regulatory definition of "authentic native
                Service undertake an administrative review to deter-
                mine if the use of sea otters for handicrafts by Natives                articles of handicrafts or clothing" inasmuch as
                calls for a special regulation or, at least, a supplemen-               Congress had already defined that term in section
                                                                                        101(b)(2) of the Marine Mammal Protection Act.

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               MARINE MAMMAL COMMISSION - Annual Report for 1991


               Applying the statutory definition, the court found that,     should be declared void for vagueness, but also that
               as long as the underlying taking was not wasteful, the       the regulations prohibiting Natives from taking marine
               Act exempted all Native handicrafts produced from            mammals in a manner "which results in the waste of
               non-depleted marine mammals using traditional                a substantial portion" of the animal constituted an
               methods (e.g., weaving, carving, stitching, sewing,          impermissible interpretation of Congressional intent.
               beading, drawing, and painting) whether or not such
               handicrafts had traditionally been produced. There-             The case was argued before the Ninth Circuit
               fore, the Court invalidated the Service's regulation.        Court of Appeals on 7 August 1990. The Court's
                                                                            opinion, issued on 28 August 1990, upheld the
                  The Department of Justice filed a protective notice       conviction for wasteful taking in violation of the
               of appeal in the case on 5 November 1991. A deci-            Marine Mammal Protection Act, and the Court found
               sion on whether to withdraw the appeal is pending.           the Service's regulation prohibiting the taking of a
               A notice of appeal also was filed by Friends of the          marine mammal by an Alaska Native for subsistence
               Sea Otter on 7 November 1991. Briefing of the                or handicraft purposes where a "substantial portion"
               appeal was expected to begin early in 1992.                  is wasted to be consistent with Congressional intent as
                                                                            enunciated in the Act's legislative history. The Court
                  United States v. Clark - In 1988 a Yup'ik Eskimo          ftirther determined that the regulation provides suffi-
               was criminally charged with violating section                cient notice of the conduct that is proscribed so as   to
               101(b)(3) of the Marine Mammal Protection Act by             enable a jury to determine if wasteful taking occurred.
               taking marine mammals in a wasteful manner.
               Specifically, the U.S. Government alleged the defen-            The appellant filed a petition on 23 November
               dant had failed "to salvage for human consumption the        1990 to have the case reviewed by the United States
               edible meat of approximately nine walrus." Before            Supreme Court. On 7 January 1991, the Supreme
               the trial, the defendant filed a motion to dismiss the       Court denied the appellant's petition, bringing this
               charges. He claimed that the Marine Mammal Protec-           matter to a close.
               tion Act's requirement that the taking of a marine
               mammal by an Alaska Native not be accomplished in               Alaska Wildlife Alliance v. Jensen - In 1990, the
               a "wasteful manner" was unconstitutionally vague.            National Park Service authorized 109 cruise ship
               The motion to dismiss was denied and the trial was           entries into Glacier Bay, Alaska. At that time, the
               held on 19-20 July 1989. The jury found the defen-           Commission and others questioned the procedures
               dant guilty of illegally taking marine mammals in a          used by the Service to authorize entries in excess of
               wasteful manner. On 24 August, he was sentenced to           the 107-entry ceiling imposed by Service's own
               three months in jail and fined $550.                         regulations. On 21 August 1990, the Alaska Wildlife
                                                                            Alliance filed a complaint challenging the National
                  A stay of the sentence pending appeal was granted         Park Service's decision to authorize the two additional
               and, on 30 August 1989, a notice of appeal was filed.        cruise ship entries. The plaintiff alleged that the
               The defendant's appellate brief, filed on I December         Service, in authorizing those entries, did not follow
               1989, argued that the statutory requirement that             applicable procedures, exceeded the maximum allow-
               Native taking not be wasteful and the Fish and Wild-         able number established by regulation, and violated
               life Service's regulatory implementation of the provi-       the National Environmental Policy Act by not prepar-
               sion are unconstitutionally vague because "affected          ing a supplemental environmental assessment. Plain-
               persons must guess at what conduct is proscribed and         tiffs, however, did not seek injunctive relief and none
               because arbitrary enforcement is encouraged."                of the cruise ship entries authorized for 1990 were
                                                                            enjoined. As noted in the humpback whale section in
                  Late in 1989, the Alaska Federation of Natives            Chapter 11, 107 cruise ship entries into Glacier Bay
               petitioned the Court of Appeals for leave to file an         were authorized in 1991.
               wnicus curiae brief and to participate in oral argu-
               ment. The Federation asserted not only that the                 The plaintiffs also alleged that commercial fishing
               statutory provision and the Service's regulations            operations being conducted in Glacier Bay violated

                                                                        164






                                                                               Chapter VII - Marine Mammal Management in Alaska


             applicable law and, in combination with tour boat               under the Magnuson Act. As evidence of Congres-
             operations, may be having adverse effects on hump-              sional intent to allow regulation of fisheries for
             back whales and other cetaceans. As discussed in                purposes other than managing fishery resources,
             Chapter II, the Park Service recognized that it had not         prosecutors pointed to the Act's definition of the term
             properly authorized commercial fishing operations in            "conservation and management" which includes those
             the Park and, by Federal Register notice of 5 August            measures "required to rebuild, restore, or main-
             1991, proposed regulations authorizing certain fishing          tain ... any fishery resource and the marine environ-
             activities in Park waters through 1997.                         ment ... and ... designed to assure that ... irreversible or
                                                                             long-term adverse effects on fishery resources and the
                 Parties to this lawsuit met early in    1991 to try to      marine environment will be avoided...."          Similarly,
             negotiate a settlement in the case. Pending comple-             the Magnuson Act's allowance for consideration of
             tion of those efforts, the parties, with judicial consent,      any relevant "economic, social, or ecological factor"
             have stayed further proceedings in the matter.                  when determining optimum yield was cited as evi-
                                                                             dence that the scope of the Act went beyond fishery
                 United States v. FIVDistant Water - As discussed            resources.     Prosecutors also pointed to section
             in the Pacific walrus section in Chapter H, the Nation-         114(g)(3) of the Marine Mammal Protection Act,
             al Marine Fisheries Service, in 1989, adopted a two-            which directs the Secretary of Commerce to request
             year seasonal fishery closure around Cape Peirce,               that the Fishery Management Councils established
             Round Island, and the Twins Islands under the Mag-              under the Magnuson Act take actions necessary to
             nuson Fishery Conservation and Management Act.                  mitigate adverse impacts to marine mammals from
             On 25 June 199 1, the defendant fishing vessel was              fisheries under certain circumstances, to support the
             found fishing within the closed area surrounding                view that regulation of fisheries to protect marine
             Round Island. Further investigation revealed that the           mammals or other, non-fishery resources is appropri-
             vessel also had violated the closure regulations on two         ate. Moreover, section I 14(g)(3) specifically includes
             earlier occasions. Subsequently, the National Oceanic           adjustments to requirements with respect to fishing
             and Atmospheric Administration filed a complaint                times and areas as possible actions that might be taken
             seeking forfeiture of the vessel and its catch.                 by the Councils to protect marine mammals.

                 On 12 August 1991, the defendant filed a motion                At the end of 1991, briefing of the case had been
             for summary judgment or, alternatively, to dismiss the          completed and a bond hearing and a hearing on the
             complaint. In support of its motion, the defendant              merits had been scheduled for early in 1992.
             argued that the regulations establishing the closure
             were beyond the scope of the Magnuson Act and were                 Trusteesfor Alaska v. Lujan - Trustees for Alaska
             therefore invalid. Specifically, the defendant contend-         filed suit on 8 August 1990 seeking to halt oil and gas
             ed that, while the Magnuson Act authorized the                  exploration activities being conducted in the Chukchi
             regulation of fisheries for the conservation and man-           Sea, alleging that unauthorized takings of walruses
             agement of fishery resources, marine mammals were               had and would continue to occur. This lawsuit,
             expressly excluded from coverage under the Act.                 originally filed with the Ninth Circuit Court of
             They further asserted that the Marine Mammal                    Appeals, was transferred to the District Court for the
             Protection Act provided the exclusive mechanism for             District of Alaska. after the appellate court ruled that
             regulating the taking of marine mammals incidental to           it did not have original jurisdiction of the matter under
             commercial fisheries. Inasmuch as the challenged                the Outer Continental Shelf Lands Act, as plaintiffs
             regulations were promulgated solely to protect walrus-          had argued.
             es and not fishery resources and had not been issued
             pursuant to the Marine Mammal Protection Act, they                 On 19 February 1991, Trustees for Alaska refiled
             should, defendant claimed, be found to be invalid.              the case in the District Court. Plaintiffs' complaint
                                                                             alleged that exploratory drilling activities authorized
                 Federal prosecutors responded that the regulations          by the Minerals Management Service were likely to
             were a proper exercise of the Service's authority               take walruses in violation of the Marine Mammal

                                                                        165






               MARINE MAMMAL COMMISSION - Annual Report for 1991


               Protection Act if conducted in the vicinity of the              United States v. Evwn - On 13 March 1991, the
               retreating or advancing ice edge. Plaintiffs also noted      United States filed a lawsuit in the U.S. District Court
               that, although the oil companies operating in the            for the District of Alaska against the Exxon Corpor-
               Chukchi Sea had requested authorization from the             ation. The Federal Government sought to recover
               Fish and Wildlife Service for the incidental take of         clean-up costs and natural resources damages associat-
               small numbers of walruses and polar bears under              ed with the Eicron Valdez oil spill under the authority
               section 10 1 (a)(5) (see discussion of small-take exemp-     of the Clean Water Act and other Federal statutes. A
               tions in Chapter VM), such authorization had yet to          similar action was brought by the State of Alaska. On
               be issued. A motion for summary judgment was filed           30 September 1991, parties to the suits filed an agree-
               by plaintiffs on 14 May 199 1.                               ment and consent decree for the Court's approval.

                  Federal defendants filed a cross-motion for summa-           Under the agreement, the Federal Government and
               ry judgment on 14 June 1991, contending that plain-          the State of Alaska will receive $900 million over the
               tiffs had not sufficiently demonstrated that walruses        next 10 years to reimburse them for clean-up costs
               would be taken if the exploratory activities were            and to fund restoration of natural resources affected
               allowed to proceed. While the summary judgment               by the spill. The Federal and State Governments will
               motions were pending, the Fish and Wildlife Service          act as co-trustees of all the resources affected by the
               completed its rulemaking and issued letters of author-       spill and will jointly use the funds received from
               ization pursuant to section 101(a)(5) of the Marine          Exxon to complete the ongoing assessment of environ-
               Mammal Protection Act authorizing the taking of              mental damage and to implement plans for restoring
               walruses and polar bears incidental to oil and gas           or replacing the damaged resources. The agreement
               exploration in the Chukchi Sea. Consequently, on 2           also contains a provision requiring Exxon to pay up to
               July 1991, Federal defendants filed a motion to              an additional $100 million for restoring populations,
               dismiss the case as being moot. At the end of 1991,          habitats, or species that have suffered substantial
               a decision in the case had not been rendered.                losses or declines as a result of the spill where the
                                                                            loss or decline was unknown and could not have been
                  Greenpeace v. Mosbacher - Greenpeace and other            reasonably anticipated at the time of the agreement.
               environmental groups filed suit on 26 June 1991              The agreement does not affect the claims filed against
               seeking to invalidate the 1991 pollock harvest level         Exxon by Alaska Native villages, individual Alaska
               adopted by the National Marine Fisheries Service.            Natives, or Alaska Native corporations. The agree-
               Plaintiffs alleged violations of section 7 of the Endan-     ment and consent decree was approved by the Court
               gered Species Act and the National Environmental             on 8 October 1991.
               Policy Act. On 10 October 1991 the court ruled in
               favor of the Federal defendants. Further discussion of          As noted above in the discussion of the Euwn
               this case is provided in the Steller sea lion section of     Valdez oil spill, only preliminary results of some
               Chapter H.                                                   damage assessment studies have been released to the
                                                                            public because of litigation considerations. By keep-
                  Humane Society of the United States v. Mosbacher          ing this information confidential, the Federal and State
               - IMe Humane Society brought suit on 31 July 1991            Governments have stifled the normal processes of peer
               seeking a temporary restraining order to suspend an          review and scientific inquiry. However, a separate
               extension of the fur seal harvest on the Pribilof            agreement filed with the Alaska Superior Court is
               Islands that had been granted by the National Marine         expected to ease the problem.        Private plaintiffs
               Fisheries Service. Plaintiff's motion for a temporary        agreed to release the State and Federal Governments
               restraining order was denied on 2 August 1991 and            from all claims arising from the spill in return for a
               the harvest was allowed to proceed. Further informa-         commitment from the Governments to give the private
               tion on this case and the subsistence harvest of fur         plaintiffs access to the scientific information gathered
               seals is included in the North Pacific fur seal discus-      under the ongoing natural resource damage assessment
               sion in Chapter H.                                           studies.


                                                                       166







                                                           Chapter VM
    17
                        OUTER CONTINENTAL SHELF OIL, GAS., AND
                                            MINERAL DEVELOPMENT



                Exploration and development of coastal and off-          Oil and Gas Lem Sales #139 and 141,
             shore oil, gas, and hard mineral resources may              Central and Western Gulf of Meidco
             adversely affect marine mammals and the ecosystems
             of which they are a part. Under the Outer Continen-            In 1990, the Minerals Management Service issued
             tal Shelf Lands Act, the Department of the Interior's       a call for information and notice of intent to prepare
             Minerals Management Service is responsible for              an environmental impact statement for two proposed
             assessing, detecting, and mitigating the adverse effects    Gulf of Mexico lease sales to be held in 1992. As
             associated with such activities in offshore water           noted in the previous Annual Report, the Commission,
             beyond state jurisdiction. Under the Marine Mammal          in consultation with its Committee of Scientific
             Protection Act and the Endangered Species Act, the          Advisors, responded to the Service's request by letter
             National Marine Fisheries Service and the Fish and          of 20 June 1990.
             Wildlife Service are responsible for reviewing pro-
             posed actions and advising the Minerals Management             The Service decided to proceed with the two sales
             Service and other agencies of measures needed to            and on 11 April 1991 announced plans for oil and gas
             ensure that those actions will not have adverse effects     lease sales #139 and #141. The proposed sale areas
             on marine mammals or endangered or threatened               includes approximately 29.1 and 23.5 million acres of
             species. 'Me Commission reviews relevant policies           submerged lands in the central and western Gulf of
             and activities of these agencies and recommends             Mexico, respectively. A Draft Environmental Impact
             actions that appear necessary to protect marine mam-        Statement on the proposed sales was circulated to the
             mals and their habitats. The Commission's activities        Commission and others for comment. The Statement
             in this regard in 1991 are discussed below.                 listed 28 species of cetaceans, the West Indian mana-
                                                                         tee, and California sea lions as occurring in the
                  PjropoSed off                                          northern Gulf of Mexico. Six of the cetacean species
                                     shore Leaft SWes                    (the right, blue, sei, fin, humpback, and sperm
                                                                         whales) are I isted as endangered under the Endangered
                The Marine Mammal Commission, in consultation            Species Act. Of these, only sperm, fin, and sei
             with its Committee of Scientific Advisors, reviews          whales have been seen in the proposed lease sale areas
             and comments on proposed outer continental shelf oil,       in recent years.
             gas, and hard mineral lease sales. During 1991, the
             Commission commented to the Minerals Management                In its Draft Statement, the Service estimated that,
             Service on proposed lease sales in the Gulf of Mexico       under the base case scenario, most marine mammals
             and a request for information on a possible lease sale      likely would be affected to an extent that complete
             in Cook Met, Alaska.                                        recovery to pre-lease conditions would occur within
                                                                         one or two generations.        Considering cumulative
                                                                         effects of the proposed sale and other ongoing or
                                                                         proposed activities, the Service concluded that impacts


                                                                     167






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                could be very high, primarily due to the effects of          Proposed Offshore Lease Sale,
                large oil spills, and that such effects might result in      Cook Inlet, Alaska
                the complete loss of a regional population and require
                three or more generations to recover to pre-lease                By letter of 17 June 1991, the Minerals Manage-
                conditions.                                                  ment Service advised the Commission and other
                                                                             agencies and organizations that it was considering a
                   The Commission, in consultation with its Commit-          potential offshore gas and oil lease sale in the Cook
                tee of Scientific Advisors, reviewed the Draft State-        Inlet area off south-central Alaska. In its letter, the
                ment and provided comments on 18 June 1991. In its           Service requested help in updating biological, socio-
                letter, the Commission noted that, although the              cultural, oceanographic, and geologic information
                conclusions regarding estimated impacts on marine            concerning the area.       The Service also noted its
                mammals may be valid, the Draft Statement generally          intention to hold an information transfer meeting early
                did not provide data, analyses, or references to             in 1992 for the Gulf of Alaska/Cook Wet and Bering
                support them. For example, the Draft Statement               Sea areas.
                stated that production waters and drilling muds would
                dissipate so rapidly that they would not affect marine           In its  3 July 1991 response, the Commission
                mammal food supplies. However, it provided no                forwarded a number of documents bearing on the
                information on marine mammal diet, feeding areas or          assessment of possible impacts of offshore oil and gas
                food requirements.                                           activities on marine mammals in the Cook Inlet area.
                                                                             In its letter of transmittal, the Commission noted that
                   The Commission therefore concluded that the Draft         a variety-of marine mammals occur in the Cook Inlet
                Statement did not provide a sufficiently thorough            and Shelikof Strait area and that species of greatest
                assessment of the proposed action's possible impacts         concern are the northern right whale, the Steller sea
                on marine mammals in the sale area. In its letter, the       lion, the beluga whale, the harbor seal, and the sea
                Commission suggested that the Statement be expanded          otter. The North Pacific right whale population may
                to provide a more thorough assessment of the possible        number only a few animals and is probably near
                indirect food chain effects, as well as the possible         extinction. The Steller sea lion population has de-
                direct effects on marine mammals, particularly endan-        clined dramatically throughout most of its range
                gered sperm whales and local populations of bottle-          during the past 20 years, and has been listed as
                nose dolphins.                                               threatened under the Endangered Species Act.

                   As a minimum, the Commission recommended that                 Therefore, the Commission recommended that, if
                critical uncertainties, research needs, and recommen-        it had not already been done, the Minerals Manage-
                dations identified at an August 1989 Minerals Man-           ment Service immediately consult the National Marine
                agement Service-sponsored Workshop on Sea Turtles            Fisheries Service pursuant to section 7 of the Endan-
                and Marine Mammals of the Gulf of Mexico be                  gered Species Act to determine whether exploration,
                considered and incorporated into the Statement. In           development, or related support activities in or near
                addition, the Commission recommended that, if it had         areas being considered for leasing could jeopardize,the
                not already done so, the Service consult the National        continued existence of any endangered or threatened
                Marine Fisheries Service to (a) obtain the most up-to-       species, particularly the right whale and the Steller sea
                date information on the distribution, abundance,             lion.
                population structure, diet, and important calv-
                ing/breeding/feeding areas of sperm whales, bottle-              Very little is known about the distribution, move-
                nose dolphins, and other marine mammals common to            ments, habitat requirements, or essential habitats of
                the northern Gulf of Mexico and (b) ascertain the            marine mammals in the Cook Inlet area. However, it
                types of site-specific and population monitoring             is possible that substantial numbers of some species
                programs needed to ensure that marine mammals and            (e.g., killer whales and harbor porpoise) are killed
                their habitats are not adversely affected by offshore oil    incidentally in commercial fisheries. Therefore, in its
                and gas activities in the northern Gulf of Mexico.

                                                                         168






                                                                                                  Chapter VHI - OCS Development


              3 July letter, the Commission noted that such sources         For spills that do occur, the Act sets forth measures
              of mortality must be considered when assessing the            designed to provide quick and efficient cleanup,
              possible effects of oil and gas activities on these           minimize damage to fisheries, wildlife, and other
              species. Thus, the Commission recommended that, if            natural resources, provide adequate compensation for
              it had not already done so, the Minerals Management           victims of oil spills, and assign costs for such efforts
              Service consult the National Marine Fisheries Service         to the oil industry.
              to: (1) obtain the best available information on the
              status, trends, and incidental catch of small cetaceans          Section 8302 of the Act directs the Secretary of the
              that occur in the Cook Inlet Planning Area, (2) deter-        Interior, in consultation with the Governor of Alaska,
              mine what additional information would be required            to conduct a study and provide a report to Congress
              to realistically assess the direct, indirect, and cumula-     by 31 January 1991 on issues related to recovery of
              tive effects of oil and gas activities on these species,      damages, contingency plans, and coordination actions
              and (3) determine how any additional information              in the event of an oil spill in the Arctic Ocean. In
              needs could best be met.                                      partial response, the Department of the Interior's
                                                                            Office of Environmental Affairs drafted and, on 11
                 It would be prohibitively costly, if not impossible,       July 1991, forwarded to the Commission and others a
              to obtain the quality and quantity of information             draft report on the impact of potential crude oil spills
              necessary to accurately predict the possible impacts of       in the Arctic Ocean on Alaska Natives.
              oil and gas activities on each species and population
              of marine mammal that could be affected by such                  The Commission, in consultation with its Commit-
              activities. Even so, the Minerals Management Service          tee of Scientific Advisors, reviewed the draft report
              is required by the Marine Mammal Protection Act and           and, on 16 August 1991, provided comments to the
              other relevant legislation to ensure that such activities     Department. The Commission noted that, as it under-
              do not have adverse impacts on these species. The             stood the intent of Congress, the purpose of the report
              Commission believes that such requirements might              was to obtain objective assessments of. (1) the risk of
              best be met, at least in part, by identifying and             oil spills occurring and impacting Native communities
              monitoring a subset of "indicator" species most likely        and subsistence resources along the Arctic coast of
              to be affected in detectable ways. Therefore, the             Alaska; (2) the types and scale of damages that could
              Commission recommended that, if it had not already            occur and the means available to Natives for recovery
              done so, the Service determine how site-specific and          of damages incurred, and (3) the adequacy of contin-
              long-term monitoring programs may help the agency             gency plans and technology for containing, cleaning
              meet its statutory responsibilities.                          up, and minimizing the socio-economic and environ-
                                                                            mental impacts of oil spills along the Arctic coast of
                                                                            Alaska.
              Impact of OR SpiHs on Axctic Natives                             The Commission advised the Department that, in
                On 24 March 1989, the Exxon Valdez oil tanker               its opinion, the draft did not provide all of the re-
              ran aground in Prince William Sound, spilling approx-         quested assessments. It did not, for example, provide
              imately 11 million gallons of crude oil into the Sound        assessments of- (1) the risks of oil spills occurring
              (see Chapter VII for a discussion of efforts to assess        and impacting fish and wildlife resources upon which
              and mitigate the effects of the spill on marine mam-          many Native communities depend, (2) the types and
              mals). As noted in the previous Annual Report        ,  in    scale of damages that could occur, or (3) the adequacy
              the -months following the Exxon Valdez spill, more            of existing technology and plans for containing,
              than 20 pieces of legislation were introduced on tanker       cleaning up, and minimizing or mitigating the impacts
              safety and pollution liability.     The result of this        of oil spills on Native communities and subsistence
              legislative activity was enactment of the Oil Pollution       resources. The final report was submitted to Con-
              Act of 1990, signed into law on 18 August 1990. The           gress on 24 December 1991.
              primary goal of the Act is to prevent future oil spills.


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               MARINE MAMMAL COMMISSION - Annual Report for 1991


                          SmA-Take Exempflons                              letters of authorization are issued. With respect to
                                                                           bowhead whales, the Commission recommended that,
                  Section 101(a)(5) of the Marine Mammal Protec-           prior to authorizing the requested take, the Service
               tion Act directs the Secretaries of the Interior and        develop a bowhead whale recovery plan and, based
               Commerce to authorize, upon request, the unintention-       upon the recovery plan, determine that:         (1) the
               al taking of small numbers of both depleted and non-        authorized activities would not significantly affect the
               depleted marine mammals incidental to activities other      time it will take the western Arctic bowhead whale
               than commercial fishing operations, when, after notice      population to recover to its maximum net productivity
               and opportunity for public comment, certain condi-          level; and (2) existing baseline data and monitoring
               tions are met. In particular, the Secretary must find       programs are sufficient to verify that the activities do
               that the total of such taking will have a negligible im-    not significantly affect the population's recovery rate.
               pact on the affected species or stock, and will not
               have an immitigable adverse impact on the availability         With respect to monitoring, the Service's proposed
               of the species or stock for taking by Alaska Natives        rule specified that holders of letters of authorization
               for subsistence uses.                                       must designate a qualified individual or individuals to
                                                                           observe and record the effects of exploration activities
                  The Secretary also must prescribe regulations            on marine mammals; when applying for a letter of
               setting forth permissible methods of taking and means       authorization, the applicant must include a site-specific
               of affecting the least practicable adverse impact on        plan to monitor the effects on marine mammals that
               such species or stock and its habitat and on the avail-     are present during exploratory activities; and holders
               ability of such species or stock for subsistence uses,      of letters of authorization must, within 90 days           E
               and requirements pertaining to the monitoring and           following the completion of any exploratory activities,
               reporting of such taking.                                   submit a report describing, among other things,, the
                                                                           results of the monitoring activities, including an
               Promulgation of Regulations To Authorize the                estimate of the actual level of take.
               Incidental Take of Cetaceans and Pinnipeds
                                                                              Requirements for monitoring plans were not speci-
                  As noted in the Commission's previous Annual             fied in the final rule issued by the National Marine
               Report, the National Marine Fisheries Service pub-          Fisheries Service in July 1990 and, on 26-27 February
               lished a proposed rule in the Federal Register on           1991, the National Marine Fisheries Service and the
               3 October 1989 to authorize for flve years the take of      Minerals Management Service cooperatively convened
               six species of marine mammals (bowhead, gray, and           a workshop in Seattle, Washington, to develop site-
               beluga whales and bearded, ringed, and spotted seals)       specific monitoring guidelines for the 1991 operating
               incidental to geophysical surveys and oil and gas           season.   A former member of the Commission's
               exploration activities in the Chukchi and Beaufort          Committee of Scientific Advisors participated in the
               Seas. In its comments on the proposed rule, provided        workshop on behalf of the Commission. The work-
               to the Service on 9 February 1990, the Commission           shop developed guidelines for evaluating the marmie
               noted that it was not clear that only "small numbers"       mammal monitoring plans required to be submitted
               of marine mammals, particularly bowhead whales,             with requests for letter of authorization. The National
               would be taken. The Commission recommended that             Marine Fisheries Service advised the Commission of
               the Service estimate the numbers of each species of         these guidelines by letter of 26 March 1991.
               marine mammal that might be taken and explain the
               basis of the determination that those numbers are           Promulgation of Regulations To Authorize the
               ifsmall." The Commission also recommended that the          Incidental Take of Walruses and Polar Bears
               proposed rule be amended to provide the Commission
               and the public an opportunity to review and comment            On 25 February 1991, the Fish and Wildlife
               on monitoring plans and other aspects of specific           Service published in the Federal Register a proposed
               requests for incidental take authorizations before          rule to authorize, for five years, the non-lethal take of


                                                                       170






                                                                                                   Chapter VHI - OCS Development


             walruses and polar bears incidental to pre- and post-          describing the nature of, and rationale for, programs
             lease oil and gas exploration activities in the Chukchi        required to meet the monitoring requirements of
             Sea. The Commission transmitted comments and                   section 101(a)(5) of the Act.          The Commission
             recommendations on the proposed rule to the Service            recommended that, before issuing letters of authori-
             by letter of 18 April 1991. The Commission noted               zation, the Service consult the Alaska Department of
             that the Fish and Wildlife Service, like the National          Fish and Game and its own scientists to assess the
             Marine Fisheries Service, had defined "small num-              adequacy of the existing database and ongoing pro-
             bers" to mean "a portion of a marine mammal species            grams to monitor the status of walrus and polar bear
             or stock whose taking would have a negligible im-              populations. The Commission also recommended that
             pact." It pointed out that this definition failed to           the Service design and implement additional pro-
             recognize the distinction between the independent              grams, as necessary, to verify the predicted effects
             requirements of Marine Mammal Protection Act                   and detect any unforeseen effects of oil and gas
             section 101(a)(5) that only takings of small numbers           exploratory activities on these species and their
             may be authorized, and then only if such takings               availability for subsistence use. In. this context, the
             would have a negligible impact on the species or               Commission noted that the proposed small-take
             stock. In this context, the Commission pointed out             authorization would be valid for no more than five
             that Congress, in passing section 101(a)(5), recog-            years and that authorization of further taking would be
             nized the "imprecision of the term 'small take', but           problematic if the monitoring programs during the
             was unable to offer a more precise formulation                 initial five-year period are insufficient to document
             because the concept is not capable of being expressed          that only small numbers of marine mammals were
             in absolute numerical limits" (H.R. Report No. 228,            taken and that the effects were negligible.
             97th Congress, First Session 19(1981)).
                                                                               The Fish and Wildlife Service published its final
                The Commission further pointed out that the statute         rule in the Federal Register on 14 June 1991. The
             makes it clear that only the taking of small numbers           rule reflected many, but not all, of the Commission's
             of marine mammals may be authorized. That is, the              18 April recommendations concerning the proposed
             legislative history explicitly states that the requirement     rule. The Commission noted this in a 5 August 1991
             that the taking have a negligible impact is an "addi-          letter to the Service. Among other things, it pointed
             tional and separate safeguard. " The Commission                out that the final rule did not provide an estimate of
             recommended that, before issuing letters of authoriza-         the numbers of walruses and polar bears that might be
             tion, the Service estimate the numbers of each species         taken or explain the Service's rationale for determin-
             of marine mammal that might be taken and fully                 ing that those numbers are "small" as required by the
             explain its rationale for determining that those num-          Marine Mammal Protection Act and recommended by
             bers are "small. " Ile Commission also recommended             the Commission. The Commission also pointed out
             that the proposed rule be amended to provide the               that the rule deferred the determination that taking
             Commission and the public an opportunity to review             will be conducted so as to minimize any adverse
             and comment on specific requests for letters of                impacts on walruses, polar bears, and their habitat,
             authorization before they are issued.                          and on the availability of these species for subsistence
                                                                            uses, until specific requests for letters of authorization
                The Commission noted that the proposed rule                 have been received, but provides no opportunity for
             would establish general monitoring and reporting               public review and comment on such requests as
             requirements, and questioned whether the required              recommended by the Commission. The Commission
             programs would provide sufficient information to               also noted that, while discussion in the preamble to
             confirm that authorized activities have no more than           the final rule indicated that the Service concurred with
             a negligible impact on the affected species and popula-        the Commission's recommendations concerning
             tions, and no unmitigable adverse impact on the                monitoring and reporting requirements, the rule itself
             availability of those species for Native subsistence           did not reflect those recommendations.
             uses. To facilitate further consideration of this issue,
             the Commission provided a draft discussion paper

                                                                         171






               MARINE MAMMAL COMMISSION - Annual Report for 1991


                  The Commission also noted that the 14 June                   The Commission conveyed its concerns to the
               Federal Register notice raised a number of additional        National Marine Fisheries Service in a separate letter
               issues and questions. For example, the notice indicat-       on 5 August 1991. In that letter, the Commission
               ed that the International Agreement on the Conserva-         noted that, while the Services may be unable to
               tion of Polar Bears, which entered into force in 1976,       provide a precise formulation of what constitutes
               is not self-executing and that "Congress has not imple-      "small numbers," they nevertheless should be able to
               mented the 1976 agreement under section 101(a) of            articulate, on a case-by-case basis, the rationale for
               the [Marine Mammal Protection] Act." It concluded            determining that only small numbers of marine
               that, because implementing legislation has not been          mammals will be taken incidental to authorized
               enacted, the polar bear agreement would not be an            activities. The Commission recommended that, as a
               impediment to the issuance of the final rule even if a       matter of practice, each request for a letter of autho-
               conflict existed. The Commission questioned this             rization be reviewed to determine the number of
               conclusion and pointed out that, if implementing             marine mammals (by species and, as possible,
               legislation is needed, the Service has a responsibility      age/size and sex) that could be taken in various ways
               to so advise Congress.                                       if the activity proceeds as planned, and that letters of
                                                                            authorization subsequently issued: (1) specify when,
                  President Ford's 1975 memorandum transmitting             where, how, and how many marine mammals may be
               the polar bear agreement to the Senate for ratification      taken incidentally in the course of the planned activi-
               indicated that no implementing legislation beyond that       ties, and (2) require that the activities be suspended if
               already contained in the Marine Mammal Protection            the monitoring program indicates that marine mam-
               Act was needed. 'ne Act does not provide a clear             mals are being taken in ways or in numbers that are
               means for protecting essential habitat, and the Com-         not authorized. The Commission also recommended
               mission believes that some additional implementing           that the National Marine Fisheries Service initiate
                                                                                                                                   S.
               legislation may be needed to ensure that the United          rulemaking to amend its definition of "small number
               States complies fully with its obligations as a party to     to clarify that this requirement is distinct from the
               the polar bear agreement. The Commission therefore           "negligible impact" provision.
               recommended that the Service, in consultation with
               the Commission, prepare a legislative proposal and              The Commission noted that the workshop held in
               forward it to Congress for consideration as soon as          February 1991 to develop site-specific monitoring
               possible (see Chapter H for additional discussion of         guidelines had been useful, but did not involve all
               this issue).                                                 interested parties or address all relevant issues. It
                                                                            recommended that, once the results of the 1991
                  In the Commission's view, neither the rule issued         monitoring programs are available, the National
               by the Fish and Wildlife Service nor the rule promul-        Marine Fisheries Service, the Fish and Wildlife
               gated by the National Marine Fisheries Service in July       Service, and the Minerals Management Service
               1990 adequately identifies the monitoring require-           cooperatively hold a follow-up workshop to: (1)
               ments or the criteria that will be used to judge the         review the 1991 program results, (2) develop recom-
               adequacy of monitoring plans submitted as part of            mended criteria for judging the adequacy of site-
               requests for letters of authorization to take marine         specific monitoring plans provided with future re-
               mammals incidental to oil and gas exploratory activi-        quests for letters of authorization, and (3) describe
               ties off Alaska. Likewise, neither rule reflects the         such additional baseline and population monitoring
               independent requirements of Marine Mammal Protec-            programs as will be required to detect any non-negli-
               tion Act section 101(a)(5) that: (1) the incidental          gible changes in the distribution, seasonal movement
               taking of only small numbers of marine mammals may           patterns, abundance, or productivity of bowhead,
               be authorized, and (2) the taking may be authorized          gray, and beluga whales, ice seals, walruses, and
               only if it would have a negligible impact on the             polar bears caused by coastal and offshore oil and gas
               affected species or stock. Ile Commission advised            exploration and any subsequent development.
               the Fish and Wildlife Service of this in the previously
               noted letter of 5 August 1991.


                                                                       172






                                                                                                 Chapter VIII - OCS Development


                The Commission noted that the workshop should             mendation that a workshop be held to define and
             be held no later than the end of February 1992 to            determine how monitoring requirements can best be
             allow the results to be taken into consideration by          met, and indicated that it would work with the Nation-
             organizations requesting letters of authorization to take    al Marine Fisheries Service to organize the workshop.
             marine mammals during the 1992 open-water season.
             The Commission also noted that it would be desirable         Petition To Amend the Small-Take Regulations
             to establish an independent group of scientists to
             review and provide advice on the adequacy of moni-              In November 1990, nine oil and gas exploration
             toring plans accompanying such requests and the              companies and the Alaska Eskimo Whaling Commis-
             results of the subsequent monitoring programs.               sion jointly petitioned the National Marine Fisheries
                                                                          Service to amend the Service's regulations governing
                On 21 November 199 1, the Commission            wrote     the taking of marine mammals incidental to oil and
             again to the National Marine Fisheries Service asking        gas exploration activities in Alaska. The proposed
             what was being done to organize and hold the recom-          amendments specified actions that the groups had
             mended workshop. The Service responded by letter             agreed should be taken to ensure that oil and gas
             Of 6 December 1991. In its response, the Service             exploratory activities do not adversely affect the
             noted that it was planning to hold a workshop late in        availability of marine mammals for Native subsistence
             February 1992 to review the results of the 1991 site-        uses. By letter of 28 June 1991, the Commission
             specific monitoring programs and to determine what           advised the National Marine Fisheries Service that
             changes should be made in the site-specific monitoring       most of the proposed amendments appeared to deal
             guidelines developed at the 1991 workshop. 71be              with issues that would be addressed more appropriate-
             Service questioned the Commission's interpretation of        ly in a memorandum of understanding among the
             the nature and scope of monitoring programs required         petitioners, rather than through amendment of the
             to give effect to section 101(a)(5) of the Marine            regulations. The Commission also noted that several
             Mammal Protection Act. The Service also indicated            of the proposed amendments might result in changes
             that it disagreed with the Commission's interpretation       in the traditio n*al ways that Alaska Natives hunt
             of Congressional intent when it amended section              bowhead whales and, if so, could be contrary to the
             101(a)(5) of the Act in 1986 to authorize the take of        provisions of section 101(b) of the Marine Mammal
             depleted, as well as non-depleted, marine mammals.           Protection Act exempting Alaska Natives from the
             Specifically, the Service indicated that it believed "the    Act's general prohibitions on taking marine mammals.
             clear Congressional intent behind the 1986 amend-
             ments ... was to alter the standard for determining             In addition, the Commission noted that, while not
             negligible impact."                                          addressed by the petitioners, section 228.37 of the
                                                                          applicable regulations (50 C.F.R. ï¿½ 228.37) might
                On 24 December 1991, the Fish and Wildlife                usefully be revised to describe the monitoring and
             Service responded to the Commission's 5 August               reporting requirements more clearly. 'Me Commis-
             letter concerning the Service's final rule regarding the     sion pointed out that the need for revision was illus-
             incidental take of walrus and polar bears. The Fish          trated by the variability and deficiencies in the marine
             and Wildlife Service, like the National Marine Fisher-       mammal monitoring plans provided in requests for
             ies Service, questioned the Commission's interpreta-         letters of authorization submitted by the Amoco
             tions of the "small numbers" and "monitoring"                Production Company, Arco Alaska, Inc., Chevron
             requirements of section 101(a)(5) of the Marine              U.S.A. Inc., and Shell Western E&P Inc.
             Mammal Protection Act as amended. With regard to
             the 1976 International Agreement on Polar Bears, the         Requests for Letters of Authorization
             Service indicated that the subject of implementing
             legislation needed further review. It proposed that the         In 1991, the Commission, in consultation with its
             review be conducted by the polar bear management             Committee of Scientific Advisors, reviewed and
             team that it has established (see Chapter II). The           provided comments and recommendations to the
             Service concurred with the Commission's recom-


                                                                      173






               MAFJNE MAMMAL COMMISSION - Annual Report for 1991


               National Marine Fisheries Service on four requests for        contaminate invertebrate and fish species eaten by
               letters of authorization to take bowhead, gray, and           whales, walruses, and seals. The Commission further
               beluga whales and bearded, ringed, and spotted seals          noted that these marine mammals could accumulate
               incidental to oil and gas exploratory drilling opera-         toxic substances and pose a health threat to Alaska
               tions offshore Alaska. These requests were from               Natives and polar bears who eat them. The Commis-
               Shell Western E&P Inc. (SWEPI), Amoco Production              sion therefore recommended that the relevant site-
               Company, ARCO Alaska, Inc., and Chevron, U.S.A.               specific monitoring plans be revised to include assess-
               Inc. The Commission, in consultation with its Com-            ment of the levels and trends of potentially hazardous
               mittee of Scientific Advisors, also reviewed and              contaminants in the benthic fauna and in the marine
               provided comments and recommendations on requests             mammals taken by Alaska Natives. for subsistence
               for letters of authorization from BP Exploration              purposes from areas in and near the planned explor-
               (Alaska) Inc. and Amerada Hess Corporation to take            atory drilling sites.
               bowhead, gray, and beluga whales and ringed, beard-
               ed, and spotted seals incidental to geophysical seismic          The Commission also noted that there were com-
               exploration activities in the Beaufort Sea during the         mon deficiencies in many of the requests for letters of
               1991 open-water season.                                       authorization, suggesting that the National Marine
                                                                             Fisheries Service's regulations or its instructions to
                  In its comments, the    Commission noted that the          applicants did not clearly state what is required to
               site-specific monitoring plans provided with the              meet the intents and provisions of section 101(a)(5) of
               requests generally did not provide sufficient informa-        the Marine Mammal Protection Act. The Oommission
               tion to determine whether the planned monitoring              recommended that, if it had not already done so, the
               programs would be adequate to verify the number of            Service advise all of the applicants that renewal of
               marine mammals taken incidental to the authorized             letters of authorization would be problematic if the
               activities and that the effects of the take are inconse-      site-s ecific monitoring programs carried out during
                                                                                  p
               quential. Likewise, in most cases, it was not clear           the 1991 season did not provide sufficient information
               whether the planned monitoring program would be               to verify that only small numbers of marine mammals
               sufficient to determine whether the authorized activi-        were taken in the course of the exploratory activities
               ties had any unmitigable adverse effects on the avail-        and that the effects of the take were negligible.
               ability of the six species for Native subsistence
               purposes.                                                        Following receipt and review of the comments
                                                                             from the Commission and others, the National Marine
                  On a related point, the Commission noted that,             Fisheries Service issued letters of authorization to all
               even if properly designed and implemented, the site-          of the previously mentioned applicants. These autho-
               specific monitoring programs were not likely, by              rizations were valid for the 1991 open-water season
               themselves, to provide an adequate basis for determin-        and allowed the unintentional, non-lethal taking of
               ing: whether the authorized activities caused or con-         unspecified numbers of bowhead, gray, and beluga
               tributed to changes in the distribution, size, or produc-     whales and bearded, ringed, and spotted seals inciden-
               tivity of the affected populations. The Commission            tal to oil and gas exploration activities in the Chukchi
               pointed out that, while the effects of any one activity       and Beaufort Seas.
               might be negligible, the combined effects of multiple
               activities may not be negligible and that site-specific          In addition, the Fish and Wildlife Service issued
               monitoring must be accompanied by long-term popula-           letters of authorization to Chevron U.S.A. Inc. and
               tion and habitat monitoring to ensure that there are no       Shell Western E&P Inc. allowing the unintentional,
               significant adverse cumulative effects.                       non-lethal take of unspecified numbers of walruses
                                                                             and polar bears incidental to offshore oil and gas
                  With respect to exploratory drilling, the Commis-          exploration activities in the Chukchi Sea during the       N
               sion noted that such activities could result in drilling      1991-1992 open-water season. The letter of authori-
               muds, petroleum products, etc., being discharged into         zation issued to Shell Western E&P Inc. was based on
               the environment and that such discharges could                a petition submitted to the Fish and Wildlife Service

                                                                        174






                                                                                               Chapter VIII - OCS Development


             on 30 March 1990 to promulgate regulations pursuant         further strengthened in a number of areas. The draft
             to section 101(a)(5) of the Marine Mammal Protection        plan did not, for example, fully reflect the possibility
             Act. The letter of authorization issued to Chevron          that oil and gas activities in the Bering Sea and Gulf
             U.S.A. Inc. was issued with no prior notice of the          of Alaska could adversely affect the threatened Steller
             request and with no opportunity for comment by the          sea lion population.
             Commission or the public.
                                                                            As discussed in previous Annual Reports, in
                                                                         January 1989, the Commission sponsored a Workshop
               The Mmerals                          t Service"s          on Measures to Assess and Mitigate the Impacts of
                  Environmental SWdies Program                           Arctic Oil and Gas Exploration and Development on
                                                                         Polar Bears" (see Appendix B, Lentfer 1991). T'he
                As noted above, the Minerals Management Service          workshop report recommended that a study be done to
             is responsible for assessing and avoiding or mitigating     evaluate the cost-effectiveness of possible systems for
             the possible adverse environmental effects of offshore      detecting and deterring polar bears from approaching
             oil and gas exploration and development. To help            field camps, drilling sites, etc., in the Arctic. T'he
             meet this responsibility, the Service has established an    draft Alaska studies plan included a study similar to
             Environmental Studies Program, administered region-         the one recommended by the workshop. However,
             ally by its OCS offices in New Orleans, Louisiana;          the nature and objectives of the study were not de-
                                                                         scribed clearly. The Commission therefore recom-
             Camarillo, California; Anchorage, Alaska; and               mended that, if the Minerals Management Service had
             Herndon, Virginia. The Service also has contracted          not already done so, it consult polar bears experts in
             with the National Oceanic and Atmospheric Admini-           the Fish and Wildlife Service and the Alaska Depart-
             stration's Office of Oceanography and Marine Assess-        ment of Fish and Game to ensure there is general
             ment, National Ocean Service, to plan and administer        agreement on what needs to be done and how it can
             the Alaska Outer Continental Shelf Environmental            be done most cost-effectively.
             Assessment Program.                                            The draft plan proposed development of a contin-
                To help the Service meet its responsibilities with       gency plan to be better prepared to assess the fate and
             regard to the conservation and protection of marine         effects of future oil spills. The Commission noted
             mammals, the Commission, in consultation with its           that opportunistic studies, such as proposed, could
             Committee of Scientific Advisors, reviews and pro-          contribute much to resolving critical uncertainties
             vides comments on regional studies plans, environ-          concerning the effects of, and the response of marine
             mental impact statements, and requests for proposals        mammals and other wildlife to, oil spills and related
             related to marine mammal research developed by the          containment and cleanup operations. It pointed out
             Service; participates, as requested, in meetings of         that the Exxon Valdez oil spill provided many research
             Technical Proposal Evaluation Committees convened           opportunities that were not recognized or utilized and
             by the Service to review research proposals; and helps
                                                                         that the proposal would help avoid repetition of this
             plan and participates in meetings and workshops to          experience.
             review and coordinate relevant research programs
             being conducted or planned by the Minerals Manage-
             ment Service, the National Marine Fisheries Service,
             the Fish and Wildlife Service, and other Federal,
             state, and private agencies and organizations.

                In this regard, on 23 September 1991, the Marine
             Mammal Commission provided comments on the draft
             Alaska Regional Studies Plan for fiscal years 1993
             and 1994. In its letter, the Commission noted that the
             plan was well founded and well written, but could be


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                                                            Chapter EK


                                KILESEARCH AND STUDIES PROGRAM


               The Marine Mammal Protection Act requires that              In 1991, the Commission requested information
            the Commission maintain a continuing review of              from 20 Federal agencies, departments, and offices,
            research programs conducted or proposed to be               most of which had conducted or supported research
            conducted under the authority of the Act; undertake or      relevant to the conservation and protection of marine
            cause to be undertaken such other studies as it deems       mammals in previous years. Specifically, the Com-
            necessary or desirable in connection with marine            mission requested information from the Department of
            mammal conservation and protection; and take every          Agriculture; the Department of the Air Force; the
            step feasible to prevent wasteful duplication of re-        Department of the Army; the Department of the
            search. To accomplish these tasks, the Commission           Navy, the Naval Ocean Systems Center, and the
            conducts an annual survey of Federally-funded marine        Office of Naval Research; the Department of Energy;
            mammal research; reviews research plans and pro-            the Department of State; the Environmental Protection
            grams and recommends steps that should be taken to          Agency; the U.S. Fish and Wildlife Service; the
            prevent unnecessary duplication and improve the             Minerals Management Service; the National Aeronau-
            quality of research conducted or supported by the           tics and Space Administration; the National Institutes
            National Marine Fisheries Service, the Fish and             of Health; the National Marine Fisheries Service; the
            Wildlife Service, the Minerals Management Service,          National Ocean Pollution Program Office; the Nation-
            and other Federal agencies; convenes meetings and           al Ocean Service, the Office of Ocean and Coastal
            workshops to review, plan, and coordinate marine            Resource Management, and the Office of Ocean
            mammal research; and contracts for studies to help          Resources Conservation and Assessment; the National
            identify, define, and develop solutions to domestic and     Sea Grant College Program; the National Park Ser-
            international problems affecting marine mammals and         vice; the National Science Foundation; the Smithso-
            their habitats so as to facilitate and complement other     nian Institution; and the U.S. Coast Guard.
            agencies' activities.
                                                                           Responses to requests for information concerning
                                                                        projects undertaken in FY 1991 and planned for FY
                    Survey of Fedei-Ay-Funded                           1992 had been received from most of the agencies by
                     Marine Manmnal Researrh                            December 1991. This information will be summa-
                                                                        rized early in 1992 and made available in the Com-
               Research directly or indirectly relevant      to the     mission-sponsored report "Survey of Federally-Funded
            conservation and protection of marine mammals and           Marine Mammal Research and Studies."
            their habitat is conducted or supported by many
            Federal departments and agencies. To determine the
            precise nature of this research, assess ways in which              Research ftograxn Reviews,
            it can best be used to facilitate marine mammal               Workshops,, and Pbnning Meedngs
            conservation and protection, and prevent wasteful
            duplication, the Commission annually requests and              In 1991, the Commission, in consultation with its
            reviews information on the marine mammal research           Committee of Scientific Advisors, reviewed, com-
            programs being conducted, supported, and planned            mented on, or made recommendations on actions
            elsewhere in the Federal Government.                        concerning bottlenose dolphins; harbor porpoises off


                                                                    177



    N






               MARINE MAMMAL COMMISSION - Annual Report for 1991


               California, Alaska, and New England; Hawaiian monk            identify and recommend research to assess the effects
               seals; humpback whales; right whales; gray whales;            of high-energy, low-frequency sound on marine
               killer whales; North Pacific fur seals; Steller sea           mammals; assess programs to rescue and rehabilitate
               lions; harbor seals; Pacific walruses; polar bears; sea       live-stranded marine mammals; and identify priority
               otter populations off California and Alaska; Steller sea      issues for the newly formed North Pacific Marine
               lions; West Indian manatees; the tuna-porpoise issue;         Science Organization.
               high seas driftnet fisheries; other marine mammal-
               fisheries interactions; the disturbance of marine
               mammals by military activities; the impact of off spills          Commission-Sponsored Research
               on marine mammals, their habitats, and availability                         and Study Projects
               for subsistence harvests; the possible effects on marine
               mammals of high-energy, low-frequency sounds                     The Departments of Commerce and the Interior
               associated with global warming research; and entan-           have primary responsibility under the Marine Mammal
               glement of marine mammals in lost or discarded
               fishing gear and other marine debris.                         Protection Act for acquiring the biological and ecolog-
                                                                             ical dam needed to protect and conserve marine
                  The Commission also convened, co-sponsored,                mammals and the ecosystems of which they are a part      -
                                                                             This responsibility has been delegated to the National
               provided background information for, or participated          Marine Fisheries Service and the Fish and Wildlife
               in meetings and workshops to review and evaluate
               marine mammal research programs at the National               Service, respectively.
               Marine Fisheries Service's National Marine Mammal
               Laboratory and Northeast Science Center; review and              As noted earlier, the Commission convenes work-
               evaluate the National Marine Fisheries Service's              shops and contracts for research and studies to help
               Hawaiian monk seal research program and implemen-             identify, define, and evaluate threats to marine mam-
               tation of the Hawaiian Monk Seal Recovery Plan;               mals and their habitat. It also supports other research
                                                                             necessary to further the purposes and policies of the
               determine principles, needs, and objectives of site-          Act. Since it was established, the Commission has
               specific monitoring programs to detect and assess the         contracted for approximately 826 projects ranging in
               effects of offshore oil and gas exploration activities on     amounts from several hundred dollars to $150,000.
               marine mammals in the Beaufort, Chukchi, and                  The amounts spent annually on research and studies
               Bering Seas; assess the sustained use of the northeast        since 1986 have averaged about $100,000.
               Atlantic shelf ecosystem, its wetlands, estuaries,
               coastal zone, fisheries, marine mammals, and other               From time to time, the Commission's investment
               resources; review measures being taken by the Nation-         in research activities is in the form of transfers of
               al Marine Fisheries Service and others to reduce the          funds to and from other Federal agencies, particularly
               incidental take of porpoises in the eastern tropical          the National Marine Fisheries Service, the Fish and
               Pacific yellowfin tuna purse seine fishery; review            Wildlife Service, and the Minerals Management
               U.S. domestic policy concerning the possible resump-          Service. When such funds are transferred from the
               tion of commercial whaling and revision of the 1946           Commission to another agency, the Commission
               Convention for the Regulation of Whaling; review and          provides detailed scopes of work that describe precise-
               comment on the draft Protocol to the Antarctic Treaty         ly what the agency is to do or to have done and the
               on Environmental Protection and its associated Annex-         requirements for reporting on progress to the Com-
               es as developed at the 3ath Special Antarctic Treaty          mission. In many instances, this approach has made
               Consultative Meeting; review and develop methods              it possible for agencies to start needed research sooner
               and protocols, including dissection techniques, tissue        than might otherwise have been possible and to subse-
               sampling procedures, and analyses, for research on            quently support the projects on their own for as long
               cetacean die-offs in U.S. and European waters; review
               and assess plans to develop and implement an inter-           as necessary. The Commission believes that it is
               national program to monitor pollution in the Arctic;          valuable to maintain agency involvement to the

                                                                         178



                                                                                                                                         M






                                                                                      Chapter DC - Research and Stuifies Program


             greatest extent possible and that such transfers provide     Alaska have indicated that, since the 1989 Eimon
             a useful means of doing so.                                  Valdez oil spill in Prince William Sound, a number of
                                                                          animals are missing from pods known to frequent that
                In calendar year 1991, the Commission provided            area. In recognition of these factors, the Commission
             approximately $83,500 of its own funds to support            contracted for the preparation of a species report
             research projects. In addition, the National Marine          synthesizing and evaluating available information
             Fisheries Service and the National Ocean Service             concerning: (1) the natural history of killer whales;
             transferred a total of $58,500 to the Commission for         (2) the demography and status of killer whales in
             cooperative support of certain research and studies.         Alaska waters; and (3) issues bearing upon the present
             The 1991 research projects, including those that were        and future conservation of killer whales in Alaska
             jointly supported, are summarized below.                     waters. The report, which will be completed early in
                                                                          1992, also will provide an assessment of critical
                Final reports from Commission-sponsored studies           research and management needs, and recommend
             completed in 1991 and earlier are available from the         actions to meet those needs.
             National Technical Information Service and are listed
             in Appendix B of this Report. Papers resulting               Update of Alaska Harbor Seal Species Report
             entirely or in part from Commission-sponsored activi-        (A. Anne Hoover-Miller, Pacific Rim Research,
             ties and published elsewhere are listed in Appendix C.       Haines, Alaska)
             Projects initiated in 1991 are summarized below.
                                                                             When first published in 1988, the species report
             SPECEES RMRTS                                                for Alaska harbor seals (Phoca 14tulina) noted that the
                                                                          Alaska Department of Fish and Game estimated that
                In 1988, the Marine     Mammal Commission pub-            about 270,000 harbor seals inhabited Alaska waters in
             lished a report entitled Selected Marine Mammals of          1973. As noted in Chapter 11, recent censuses of
             Alaska: Species Accounts with Research and Manage-           harbor seal haulout and breeding sites in Alaska
             ment Recommendations (see Appendix B, Lentfer                indicate that abundance has declined and is continuing
             1988). The purpose of the report was to provide              to decline, particularly in the central Gulf of Alaska.
             background material for the development of conserva-         For example, in the late 1950s and early 1960s,
             tion plans for ten species of Alaska marine mammals.         Tugidak Island in the Gulf of Alaska was one of the
             In light of continuing declines of Steller sea lions and     largest harbor seal haulouts in the world with about
             harbor seals in Alaska waters and the 1989 Exxon             20,000 seals using the area. Subsequent maximum
             Valdez oil spill in Prince William Sound, the Commis-        counts revealed a steady decline in the number of
             sion contracted with experts in Alaska to revise the         seals as follows: 1976, 9,300 seals; 1979, 4,900
             original reports for these species and to add a new          seals; 1984, 2,200 seals; 1986, 1,700 seals, and 1988,
             species report on the killer whale.                          1,400 seals. Similar declines have been documented
                                                                          in other parts of Alaska as well. In view of this
             Alaska Killer Whale Species Report                           situation, the Commission contracted for an update of
             (Craig 0. Matkin, North Gulf Oceanic Society,                the 1988 species account with the research and man-
             Homer, Alaska)                                               agement recommendations. 11is update is expected
                                                                          to be completed early in 1992.
                As noted in    Chapter H, killer whales (Orcinus
             orca) in Alaska are involved in interactions with            Update of Steller Sea Lion Species Report
             fisheries, particularly the longline blackeod, or            (Donald G. Calkins, Alaska Department ofFish and
             sablefish, fishery in Prince William Sound and the           Game, Anchorage, Alaska)
             Bering Sea. Killer whales also are exposed to increas-
             ing whale-watching and commercial vessel traffic in            As noted in Chapter II, Steller sea lions (Eume-
             Alaska coastal waters. In addition, recent photograph-       topiasjubatus) have declined throughout most of their
             ic identification studies of killer whales in southern       range in recent years and have been designated


                                                                     179






               MARINE MAMMAL COMMISSION - Annual Report for 1991


               threatened under the Endangered Species Act. In             workshop was convened in Seattle, Washington, to
               1990, the National Marine Fisheries Service constitut-      review and make recommendations concerning the
               ed a Recovery Team, which subsequently prepared a           status and management of walrus populations (see the
               recommended Recovery Plan. During preparation of            Commission's previous Annual Report). Among
               the Plan, it became clear that new information had          other things, the workshop recommended the develop-
               been obtained and additional issues had arisen since        ment of long-range management plans that will restore
               the Commission-sponsored species report was pub-            and sustain all walrus populations at appropriately
               lished in 1988. Therefore, the Commission contracted        high, stable levels. To help the Fish and Wildlife
               in 1991 for an update of the Steller sea lion species       Service respond to these recommendations, the
               account with research and management recommenda-            Commission provided support for the investigator to
               tions aimed at halting the decline. The revised species     prepare a draft conservation plan for the Pacific
               report is expected to be completed early in 1992.           walrus. The draft plan is intended to establish a
                                                                           framework for cooperative walrus research and
               CONSERVATION PLANS                                          management by Federal, State, Native, and private
                                                                           interest groups, and to elucidate research and manage-
                  Section 115(b) of the Marine Mammal Protection           ment priorities over a five-year period. The draft
               Act encourages the development of conservation plans        plan was completed in November 1991 and was
               when such plans would facilitate maintenance of             transmitted to the Director of the Alaska Region of
               marine mammal populations within optimum sustain-           the Fish and Wildlife Service for review and use by
               able population ranges. The Fish and Wildlife Ser-          the Service's Walrus Management Plan Advisory
               vice, in consultation with the Commission, has              Team in preparing a final draft conservation plan for
               determined that conservation plans would be useful          consideration by the Service.
               for identifying and coordinating research and manage-
               ment activities necessary for effective conservation of     Alaska Sea Otter Conservation Plan
               walruses, polar bears, and Alaska sea otters. At its        (Mara Kimmel, Alaska Sea Otter Commission, Fair-
               1991 annual meeting, the Marine Mammal Commis-              banks, Alaska, Kate Wynne, University of Alaska,
               sion offered to help the Service prepare draft conser-      Marine Advisory Program, Cordova, Alaska, Donald
               vation plans for these species. Once completed, the         B. Siniff, Ph.D., University of Minnesota, Minnea-
               draft plans are to be circulated by the Service's Alaska    polis, Minnesota; and Suzanne Montgomery, Wood-
               Regional Office to the management advisory teams            stock, Virginia)
               that have been established by the Service for each
               species. Following review and comment by the                   The Marine Mammal Commission provided funds
               advisory teams, the Service will complete, adopt, and       for the contractors to attend and provide follow-up
               take steps to implement the plans.                          reports on a meeting held at the Fish and Wildlife
                                                                           Service's offices in Anchorage, Alaska, on 25-26
               Pacific Walrus Draft Conservation Plan                      September 1991 to discuss conservation issues and
               (Brendan P. Kelly, Institute of Marine Science,             research and management needs relative to sea otters
               Umvemo of Alaska, Fairbanks, Alaska)                        in Alaska. The meeting was organized and chaired by
                                                                           the Commission and involved representatives of the
                 Ile Pacific walrus has been and continues to be an        Commission, the Fish and Wildlife Service, and the
               important subsistence resource for coastal Alaska           environmental community, as well as the aforemen-
               Natives. As noted in Chapter II, walruses provide a         tioned individuals.     Following the meeting, the
               source of meat, oil for fuel, skins for the construction    Commission prepared and distributed a draft conserva-
               of dwellings and boats, and ivory for tools and             tion plan to the meeting participants. The draft plan
               handicrafts. Although the species is not considered         is being revised to take account of reviewers' com-
               depleted, international concern with the status and         ments and is expected to be completed and sent to the
               management of walrus populations has increased              Fish and Wildlife Service in February 1992.
               notably in recent years. In 1990, an international


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                                                                                   Chapter IX - Research and Studies Program


             HABrrAT AND ECOSYSTEM STUDIES                             fisheries on the North Pacific ecosystem. Therefore,
                                                                       the Marine Mammal Commission contracted for this
             Alaska Marine Mammal Geographic Information               Study to determine, to the extent possible, how the
             System Feasibility Study                                  large-scale driftnet. fisheries in the North Pacific may
             (A. Anne Hoover-Miller, Padfic Rijn Research,             affect or have affected the structure and productivity
             Haines, Alaska)                                           of the North Pacific marine food web. In addition,
                                                                       the contractor is to identify the types of assessments
                Many Federal agencies, Alaska State agencies, and      that should be done before new fisheries are devel-
             private organizations are collecting population, envi-    oped and to describe how the fisheries themselves
             ronmental, and other data bearing upon the conserva-      might be structured to ensure that they do not develop
             tion of marine mammals and other wildlife in Alaska       faster than knowledge of their possible first- and
             and adjacent waters. Many of these data have geo-         second-order impacts. The report from this study,
             graphic attributes and could be made more useful and      expected to be completed by mid-1992, will be used
             accessible by development of a cooperative or coordi-     by the Commission, in consultation with its Com-
             nated multi-agency geographic information system.         mittee of Scientific Advisors, to help determine what
             Ile Marine Mammal Commission provided support             remedial actions are needed and how fisheries can be
             for the investigator to assess the possible use of such   developed and structured without adversely affecting
             a geographic information system to facilitate access,     marine mammals and other non-target species.
             integration, and analysis of data bearing upon the
             conservation of marine mammals in Alaska. The             Review of the Department of the Interior's Draft
             investigator is to contact agencies and institutions that Report to Congress on the Impact of Potential
             hold marine mammal and related data to determine          Crude-Oil Spills on the Arctic Ocean on Alaska
             what kind of data exist and in what format they are       Natives
             archived; develop an inventory of relevant databases      (Richard T. Townsend, Townsend Environmental,
             being maintained; determine how the utility of various    Otis, Oregon)
             databases might be improved; and identify steps that
             might be taken to improve access to, and the use of,         Section 8302 of the Oil Pollution Act of 1990
             existing databases. The report, expected to be com-       directs the Secretary of the Interior, in consultation
             pleted in 1992, will be provided to the relevant          with the Governor of Alaska, to prepare and provide
             Federal, State, and private organizations along with      to Congress a report on issues associated with the
             such recommendations as may be appropriate.               recovery of damages, contingency plans, and coordi-
                                                                       nation of actions in the event of an oil spill in the
             Second-Order Effects of Large-Scale lEgh          Seas    Arctic Ocean. In the course of preparing the report,
             Driftnet Fisheries on the North Pacific marine            the Department of the Interior's Alaska Regional
             Ecosystem                                                 Office, Office (A Environmental Affairs, provided a
             (Simon P. Northridge, Ph.D., Santo, Vanuatu)              draft report to the Commission and others for com-
                                                                       ment. Because of the highly specialized nature of the
               Available information indicates that large-scale        subject area, the Commission contracted for a detailed
             pelagic driftnet fisheries in the North Pacific Ocean     review of the draft. The contractor's review was one
             kill large numbers of non-target as well as target        of the bases for the Commission's comments on the
             species, including some species that are endangered or    draft report, which were sent to the Department of the
             threatened. As noted in Chapter IV, in June 1991, a       Interior on 16 August 1991 and are discussed in
             meeting of scientists from the United States, Canada,     Chapter VIII.
             Japan, South Korea, and Taiwan was held in Sidney,
             British Columbia, to assess the impacts of large-scale
             high seas driftnet fisheries on marine species in the
             North Pacific. However, the reviewers did not assess
             the possible indirect or second-order effects of these


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                MARINE MAMMAL COMMISSION - Annual Report for 1991


                Symposium on the Northeast Atlantic Shelf Ecosys-            The closure, including waters from 3 to 12 miles
                tem: Stress, Mitigation, and Sustainability                  around Round Island, the Twins, and Cape Peirce,
                (Kenneth Sherman, National Marine Fisheries                  was to expire at the end of 1991 unless action was
                SeyWce, Northeast Fisheries Science Center, Narra-           taken to extend it. Late in 1990, the Council ex-
                gansett Laboratory, Narragansett, Rhode Island)              pressed interest in making the measure permanent.
                                                                             The Council, the Fish and Wildlife Service, and other
                   The concept of ecologically defined marine ecosys-        responsible parties had insufficient staff, time, and
                tems was discussed at the first meeting of the ad hoc        funds to prepare the environmental assessment and
                Committee on Large Marine Ecosystems, held in                other background documents required to accompany
                Paris in March 199 1. Meeting participants noted that        such an action. The Commission, therefore, contract-
                where marine ecosystems overlap political boundaries,        ed for the preparation of the environmental assessment
                it is in the interest of affected states to work together    and background documentation needed for the Council
                to develop an understanding of compatible strategies         to proceed with considering the proposed action and
                for conserving fishery resources and other components        alternatives. The contractor's report was provided to
                of the system. As a follow-up to the Paris meeting,          the North Pacific Fishery Management Council (see
                and with partial support from the Marine Mammal              Chapter 11 for additional information).
                Commission, a symposium to assess the northeast
                shelf ecosystem as a Large Marine Ecosystem was              Workshop To Identify Issues Meriting Priority
                convened at the University of Rhode Island Graduate          Attention by the Newly Formed            North Pacific
                School of Oceanography in August 199 1. The sympo-           Marine Science Organization (PICES)
                sium brought together experts with diverse back-             (Edward L. Miles, Ph.D., Director, and Professor
                grounds (e.g., fisheries, marine mammals, plankton,          Warren S. Wooster, School of Marine Affairs,
                eutrophication, pollution, biotoxins, coastal manage-        University of Washington, Seattle, Washington)
                ment, and restoration ecology) to review available
                information concerning the state of the northeast shelf         On 12 December 1990, representatives of Canada,
                ecosystem and provide an assessment of the measures          Japan, the People's Republic of China, the Union of
                needed to prevent or mitigate adverse changes result-        Soviet Socialist Republics, and the United States
                ing from overfishing, pollution, etc. The report of          concluded the Convention for a North Pacific Marine
                the symposium will be published in 1992 in the               Science Organization (PICES). The purpose of the
                American Association for the Advancement of                  Convention is to provide a forum for exchanging
                Science's Selected Symposia Series on large marine           scientific and technical information and for coordinat-
                ecosystems.                                                  ing research on the North Pacific marine ecosystem.
                                                                             Ile Convention is expected to enter into force in
                Support for Amending the Bering Sea/Aleutian                 1992, at which time the first meeting of the Govern-
                Islands Groundfish Fishery Management Plan                   ing Council established by the Convention is expected
                (William J. Wilson, LGL Alaska Research Assod-               to be held. The purpose of this workshop, held 12-      13
                ates, Inc., Anchorage, Alaska)                               December 1991 at the National Marine Fisheries
                                                                             Service's Northwest Fisheries Science Center in
                                                                             Seattle, Washington, was to review the state of
                  In 1989, the North Pacific     Fishery Management
                Council recommended, and the National Marine Fish-           knowledge and identify research gaps and priorities
                eries Service adopted, a two-year exclusion of com-          related to four topic areas: (1) climate change; (2) the
                mercial fisheries to protect walruses in parts of            Bering Sea; (3) environmental quality; and (4) fishery
                northern Bristol Bay. The measure was taken in               oceanography. Workshop participants included scien-
                response to a 50 percent decline in walruses at terres-      tists from the five signatory nations. The workshop
                trial haulouts in this area between 1986 and 1988.           report, to be completed and distributed early in 1992,
                The decline coincided with the onset of yellowfin sole       will be used to help develop the agenda for the first
                fishing in nearby waters, and the resulting noise and        meeting of the Governing Council.
                disturbance by trawlers was considered a likely cause.


                                                                        182






                                                                                         Chapter IX - Research and Studies Program


              Identification of Programs Needed To Meet the                 incidentally in commercial fisheries within the U.S.
              Monitoring Requirements of Section 101(a)(5) of               Exclusive Economic Zone and in many other areas
              the Marine Mammal Protection Act                              worldwide. The Commission provided partial support
              (Bruce R. Mate, Ph.D., Marine Science Center,                 for this study to determine, by means of growth layers
              Oregon State University, Newport, Oregon)                     in teeth, the ages of stranded and incidentally taken
                                                                            harbor porpoises being held in collections maintained
                 On 18 July 1990, the National Marine Fisheries             by the New England Aquarium and the Smithsonian
              Service published in the Federal Register a final rule        Institution's National Museum of Natural History.
              authorizing the non-lethal take of six species of             The study is expected to determine whether certain
              marine mammals (bowhead, gray, and beluga whales              age classes are under- or over-represented in the
              and bearded, ringed, and spotted seals) incidental to         collections and whether the ages of incidentally caught
              oil and gas exploration activities in the Beaufort and        stranded animals have changed over time. The latter
              Chukchi Seas from 1990 to 1995. Section 228.37 of             may indicate the degree to which the harbor porpoise
              the rule states, among other things, that applicants for      population off the northeastern coast of the United
              letters of authorization must include a site-specific         States has been and is being affected by incidental
              plan to monitor the effects on populations of marine          takes in commercial fisheries.
              mammals that are present during exploratory activities
              and that these plans must be approved by the National         Energetic Studies of Manatee Calf and Mother
              Marine Fisheries Service. Monitoring requirements             (Graham A.J. Worthy, Ph.D., Marine Mwnmal
              were not specified in the rule and, therefore, on 25          Research Program, Texas A&M University, Galves-
              February 1991, the National Marine Fisheries Service          ton, Texas)
              and the Minerals Management Service cooperatively
              sponsored a workshop to develop site-specific moni-               Despite the highly endangered status of manatees,
              toring guidelines for the 1991 exploration season.            little is known of the species' energetic requirements
              The Marine Mammal Commission provided support                 and thermal tolerance. A manatee calf was born at
              for the contractor to attend and prepare a report on          the EPCOT Center in Orlando, Florida, on 13 Sep-
              the major issues raised at the meeting.               The     tember 1991. This provided an opportunity to begin
              contractor's report included suggestions and recom-           studies of milk composition and energy transfer rates
              mendations that served as the basis for follow-up             and average daily energetic expenditure of mother-calf
              actions described in Chapter VIII.                            pairs.    The Commission provided funds to help
                                                                            support the study. The results should help provide an
                                                                            understanding of the effects of water temperature on
              LUE HISTORY STUDIES                                           manatee distribution, survival, and productivity.

              Harbor Porpoise Age Determination by Tooth                    Humpback Whale Calf Mortality Workshops
              Sectioning                                                    (Sally A. Mizroch, Ph.D., National Marine Mammal
              (Andrew J. Read, Ph.D., Dolphin Biology Research              Laboratory, Seattle, Washington@; C. Scott Baker,
              Institute, Sarasota, Florida)                                 Ph.D., University of Wellington, Wellington, New
                                                                            Zealand; andjohn Calambokidis, Cascadia Research
                 In 1990, the subcommittee on small cetaceans of            Collective, Olympia, Washington)
              the International Whaling Commission's Scientific
              Committee concluded that, despite numerous indirect               In 1989, the International Whaling Commission
              and direct catches of harbor porpoises, basic informa-        sponsored a workshop on the use of photo-identifica-
              tion on the life history of this species was not avail-       tion techniques to estimate cetacean population para-
              able. In particular, the age structure and reproductive       meters. The workshop report noted that it might be
              parameters of regional populations were either poorly         possible to estimate humpback whale calf mortality
              documented or unknown. As noted in Chapter 11,                from photographs of individually recognizable mother-
              large numbers of harbor porpoises strand or are taken         calf pairs and other whales in calving and feeding


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               MARINE MAMMAL COMMISSION - Annual Report for 1991


               areas. T'he purpose of these workshops is to estimate        Project YONAH (Years of the North Atlantic
               calf and juvenile mortality by comparing photographs         Humpback Whale)
               of mother-calf pairs taken in the Hawaiian Islands           (Phillo J. Clapham, Center for Coastal Studies,
               breeding area with same-season photographs taken of          Provincetown, Massachusetts)
               whales on the Alaska feeding grounds. The first
               workshop, held 20-23 November 1991, focused on                   Project YONAH, or "Years of the North Atlantic
               cataloguing photographs taken by researchers in              Humpback Whale," is a three-year international
               Mexico, California, Canada, Alaska, Hawaii, and              collaborative research project to estimate the abun-
               Japan, and identifying possible data biases (e.g.,           dance and stock structure of North Atlantic humpback
               calves missed on the Hawaiian breeding grounds, and          whale populations. Participants in the project will
               post-sighting calf mortality on the Alaska feeding           obtain and utilize photographs and biopsy samples to
               grounds). It was supported in part by funding from           assess seasonal movements and stock identity of
               the Marine Mammal Commission. A second work-                 humpback whales that occur in summer in the Gulf of
               shop, planned for April 1992, will compile lists of          Maine, the Gulf of St. Lawrence, Newfoundland,
               female humpback whales that were "matched" within            Labrador, West Greenland, Iceland, and western
               a season in both Hawaii and Alaska, and estimate             Norway and in winter on the breeding grounds in the
               calf/juvenile mortality rates from these resighting          West Indies (e.g., Silver Bank, Navidad Bank, Sa-
               records. The results of the workshops will be pub-           mana Bay, and Mona Passage). T'he Marine Mammal
               lished by the International Whaling Commission.              Commission provided funds to help administer and
                                                                            coordinate implementation of the project, scheduled to
               Airship Surveys of Right Whale Mother-Calf Pairs             beginin 1992.
               (James H.W. Hain, Ph.D., Associated Scientists at
               Woods Hole, Woods Hole, Massachusetts)                       Workshop on the Rescue, Rehabilitation, and
                                                                            Release of Sick and Injured Marine Mammals
                  In 1989, the Marine Mammal Commission con-                (David J. St. Aubin, Ph.D., and Joseph R. Geraci,
               tracted for a pilot investigation of how existing and        V. M.D., Ph.D., Department ofPathology, University
               next-generation airships might be used in marine             of Guelph, Guelph, Ontario, Canada)
               mammal research (see 1989 Annual Report). The
               results of that investigation indicated, among other            Every year, regional stranding networks, which
               things, that airships have great potential for studies of    involve personnel from specialized facilities, local
               the effects of human activities on marine mammals,           zoos, oceanaria, aquaria, and universities, recover and
               particularly cetaceans. In 1991, the Marine Mammal           take into captivity live stranded marine mammals for
               Commission provided partial support for airship              rehabilitation. The number of such animals is increas-
               surveys to observe and evaluate interactions between         ing and may pose a risk to both captive and wild
               mother-calf right whales and ship traffic and other          populations as well as to the people involved in these
               variables along the coast of Georgia and northern            programs. It is possible, for example, that animals
               Florida. Additional support was provided by the              may be exposed to exotic diseases while being treated
               Navy and the Minerals Management Service. The                in captivity and may infect wild populations if they
               surveys are to be done in January 1992. The survey           are returned to the wild. The purpose of this work-
               results are expected to further demonstrate the value        shop, held in Chicago on 3-5 December 1991, was to
               of airships for doing cetacean studies and to indicate       review the available information and to recommend
               where and to what extent commercial shipping and             actions that should be taken to stop potentially danger-
               other human activities may be affecting the distribu-        ous and inhumane practices and to resolve uncertain-
               tion and behavior of endangered right whales on their        ties concerning the rescue, rehabilitation, and release
               presumed winter calving grounds.                             of stranded marine mammals. Workshop participants
                                                                            included experts in the relevant scientific disciplines
                                                                            and representatives of the groups involved in rescue
                                                                            and rehabilitation programs. Funding for the work-


                                                                        184






                                                                                             Chapter IX - Research and Studies Program


              shop and publication of the workshop report was                  value in identifying actions needed to better conserve
              provided by a transfer of funds from the National                marine living resources and habitats.
              Marine Fisheries Service to the Marine Mammal
              Commission.                                                      Survey of Federally-Funded Marine Mammal
                                                                               Research
              Field Guide to Alaska Marine Mammals                             (George H. Wa7ing, Ph.D., Southern Minois Univer-
              (Ronald K. Dearborn, Ph.D., Alaska Sea Grant                     sity, Carbondale, Illinois)
              College Program, Vniversuy of Alaska, Fairbanks,
              Alaska)                                                             The Marine Mammal Commission is required to
                                                                               conduct a continuing review of marine mammal
                  As noted in Chapter III, the 1988 amendments to              research conducted or supported by other Federal
              the Marine Mammal Protection Act require that the                agencies. Information concerning marine mammal
              National Marine Fisheries Service develop and imple-             research conducted by other agencies in Fiscal Year
              ment an observer program to help obtain reliable                 1991 and planned to be conducted in Fiscal Year 1992
              information on the species and numbers of marine                 was requested from agencies in November 1991 and
              Mammals being caught incidentally in commercial                  will be provided to the contractor early in 1992. The
              fisheries in U.S. waters. The effectiveness of this              contractor is to provide a draft report summarizing the
              program will depend, in part, on the ability of observ-          information obtained by I May 1992. The draft will
              ers to correctly identify animals taken. To assist in            be sent to Federal agencies to verify the accuracy of
              this effort, the Marine Mammal Commission provided               the reported data. The final report, expected to be
                                                                       ield    completed in the summer of 1992, will be provided to
              partial support for production of an illustrated f
              guide to the pinnipeds and cetaceans of Alaska. The              the agencies and will be available to other interested
              guide, designed specifically for training and field use          persons and organizations through the National
              by fisheries observers and commercial fishermen in               Technical Information Service. It will be reviewed by
              Alaska, will be published by the University of Alaska            the Commission, in consultation with its Committee of
              Sea Grant Marine Advisory Program in Anchorage                   Scientific Advisors, to identify actions necessary to
              and the University of Alaska Sea Grant Program                   better develop, focus, and coordinate Federal marine
              Public Information Service in Fairbanks. It is expect-           mammal research programs.
              ed to be completed in 1992.

              Selected International Agreements and Domestic
              Legislation Affecting Marine Resources, Marine
              Habitat, and Wildlife
              (Debra L. Nail, Eckerd College, St. Petersburg,
              AqOtida)

                 The contractor is collecting and organizing all of
   4          the background information necessary to update the
              1977 Congressional publication "Treaties and Other
              International Agreements on Fisheries, Oceanographic
              Resources, and Wildlife involving the United States."
              The contractor also is developing a computerized
              database of the documents that may be searched for
              subject key words and other parameters. Ile pub-
              lished report and the database should be of use to
              Congress, Federal and state agencies, and the general
              public. The Commission expects the report to be of



                                                                          185









                                                            Chapter X

                     PERMITS FOR MARINE MAMMAL RESEARCH,
                            PUBLIC DISPLAY, AND ENHANCEMENT


              The Marine Mammal Protection Act places a                    The total review time for a permit (from initial
           moratorium, with certain exceptions, on the taking           receipt of an application at the Service until final
           and importing of marine mammals and marine mam-              Departmental action) depends on many factors,
           mal products. One exception provides for the issu-           including the sufficiency of the information provided
           ance of permits by either the Secretary of Commerce          by the applicant, any special requirements that must
           or the Secretary of the Interior, depending upon the         be satisfied before the application may be processed,
           species of marine mammal involved, for the taking or         and the efficiency and thoroughness of those responsi-
           importation of marine mammals for purposes of                ble for the agency review.
           scientific research, public display, or enhancing the
           survival or recovery of a species or stock. Before              During 1991, the Commission made recommenda-
           acting on a permit application, the responsible regula-      tions on 44 permit applications submitted to the
           tory agency is required to have the application re-          Department of Commerce (including three applications
           viewed by the Marine Mammal Commission, in                   that were received in 1990 and on which final action
           consultation with its Committee of Scientific Advisors       was taken in 199 1) and three applications submitted to
           o
              Marine Mammals.                                           the,Department of the Interior. The Commission's
            n
                                                                        average review time for complete applications was 34
                                                                        days. Not included in the preceding statistics are
                    Permit Application Review                           recommendations on 12 applications awaiting final
                                                                        action by the Department of Commerce, 2 applications
              The permit application and review process involves        awaiting final action by the Department of the Interior
           four stages: (1) receipt and initial review of the           at year's end, and 2 applications that were under
           application at either the Department of Commerce or          Commission review at year's end. The Commission,
           the Department of the Interior; (2) publication in the       in consultation with its Committee of Scientific
           Federal Register of a notice of the application, invit-      Advisors, also made recommendations on 33 requests
           ing public review and comment and transmittal to the         to modify permits and 2 requests for permit renewals
           Marine Mammal Commission; (3) review of the appli-           during 199 1. The average time required for Commis-
           cation by the Commission, in consultation with its           sion review of these requests was 28 days.
           Committee of Scientific Advisors, and transmittal of
           its recommendation to the Department; and (4) final             For the 28 applications processed by the Depart-
           processing by the Department, including consideration        ment of Commerce during 199 1, it took an average of
           of all comments and recommendations of the Commis-           144 days from the date the application was received
           Sion and the public, resulting in the issuance or denial     by the Department until final action was taken. The
           of the permit. Figure 2 on the following page illus-
           trates this process.




                                                                    197






                 MARINE MAMMAL COMMISSION - Annual Report for 1991




                                                                 -F @Appficai I log

                                      Application                                             Final Departmental Action


                       Department of                Department of                    Department of                Department of
                         Commerce                     the Interior                     Commerce                     the Interior



                                   omplete Application                                     Commission Recommendation
                         F-c


                                                              Marine Mammal Commission



                                                                 Committee of Scientific
                                                             Advisors on Marine Mammals








                           Figure 2. Process by which requests for permits to take marine mammals are reviewed.


                 Department of the Interior processed three permit             the amendments, the National Marine              Fisheries
                 applications during 1991, completing each in an               Service undertook a comprehensive review of its
                 average of 123 days. If calculated from the date that         permit program in 1988.
                 the application was considered by the Department to
                 be complete, the average processing times for the                The first formal step in the Service's permit review
                 Departments of Commerce and the Interior were 118             was publication, in March 1989, of a discussion paper
                 and 88 days, respectively, compared to 131 and 164            entitled "Permit Policies and Procedures for Scientific
                 days, respectively, in 1990.                                  Research and Public Display under the Marine Mam-
                                                                               mal Protection Act and the Endangered Species Act."
                                                                               The discussion paper described the applicable' law and
                        Review of the Wrmft System                             Service policies with respect to public displa y* permits,
                                                                               scientific research permits, enhancement permits, and
                    During the 1988 reauthorization of the          Marine     the relationship between permits and the National
                 Mammal Protection Act, considerable attention was             Environmental Policy Act.
                 given to revising the Act's permit provisions. As an
                 outgrowth of the interest in permit issues and because           As noted in the Annual Report for 1989, the
                 of the need to update its regulations and implement           Commission, by letter of 24 August 1989, provided
                                                                               extensive comments on the discussion paper. Among
                                      Appri


















































                                                                            188






                                                                                         Chapter X - Permits for Marine Manimsals


              other things, the Commission provided a possible                As recommended by the Commission, the Service
              definition of public display; recommended that the           re-examined the applicability of the Marine Mammal
              Animal and Plant Health Inspection Service's marine          Protection Act's pre-Act exception (section 102(e)) to
              mammal care and maintenance regulations be re-               the captive-bom progeny of marine mammals held in
              viewed and, as necessary, revised; provided comments         captivity before 21 December 1972, the effective date
              on the Service's interim policy on education and             of the Act. Under the Service's earlier interpretation,
              conservation programs required of public display             all offspring of marine mammals taken before that
              permit holders; suggested basic information require-         date, regardless of when they were born, were consid-
              ments for scientific research permit applications and        ered to be pre-Act animals. In a 5 September 1991
              subsequent reports; proposed criteria for reviewing          Federal Register notice, the Service published a
              enhancement permits; recommended that the Service            revised interpretation of its regulations clarifying that
              re-examine the legal status of the progeny of pre-Act        the Act's pre-Act exception applies only to marine
              marine mammals under the Marine Mammal Protec-               mammals "taken" before the effective date of the Act.
              tion Act; recommended that the Federal agencies              Under the new interpretation "[alny person or facility
              sharing responsibility for marine mammal manage-             that seeks to purchase, sell, or transport any marine
              ment adopt more consistent administrative practices;         mammal born in captivity after December 21, 1972,
              and asked that the Service consider whether and when         must obtain prior authorization ... to do so." This
              capture and temporary maintenance of marine mam-             interpretation is consistent with the long-held policy of
              mals pending completion of a permanent facility might        the Fish and Wildlife Service for species under the
              be appropriate.                                              jurisdiction of the Department of the Interior.

                 In addition to soliciting written comments on. its           As discussed in the previous Annual Report, the
              discussion paper, the Service convened a series of           Commission, on 12 March 1990, wrote to the Fish
              working sessions on various aspects of its permit            and Wildlife Service, noting that Service representa-
              program to secure additional public comment and to           tives had participated in most of the National Marine
              foster greater discussion of the major issues. In late       Fisheries Service's permit working sessions and
              1989 and early 1990, workshops were held on the fol-         recommending that the two agencies continue to work
              lowing topics: (1) the definition of public display; (2)     together to ensure consistent interpretation and imple-
              scientific research permits; (3) care and maintenance        mentation of the 1988 amendments to the Marine
              standards for captive marine mammals; (4) public             Mammal Protection Act and other permit require-
              display education and conservation programs; and (5)         ments. The Fish and Wildlife Service has informed
              application of the National Environmental Policy Act.        the Commission that it intends to defer adoption of
                                                                           revised permit regulations until the National Marine
                 Based on its discussion paper, comments received,         Fisheries Service has completed its review and pub-
              and information generated at the working sessions, the       lished proposed regulations.       At that time, it is
              Service is revising its permit regulations. Ile Service      expected that the Fish and Wildlife Service will
              originally had hoped to have a draft proposed rule           propose regulations that are either similar or identical
              available for interagency review in March 1990. A            to those of the National Marine Fisheries Service.
              draft proposed rule is now expected to be completed
              for publication and review early in 1992.
                 Although the National Marine Fisheries Service has                Implementation of the 1988
              yet to publish its proposed revisions to the permit                        Amendments to the
              regulations, the Service has taken steps to institute             Madne MammaJ Brotection Act
              some of the Commission recommendations noted
              above. As discussed in Chapter XI, the Service has              The Marine Mammal Protection Act provisions
              agreed to participate in an interagency review of the        governing scientific research and public display
              Animal and Plant Health Inspection Service's marine          permits were amended in 1988, and a new permit
              mammal care and maintenance regulations.                     category was created allowing the Services to autho-

                                                                       189






               MARINE MAMMAL COMMISSION - Annual Report for 1991


               rize activities designed to enhance the survival or          For example, the Service is examining what consti-
               recovery of marine mammal populations. Also, under           tutes an acceptable education or conservation program
               the amendments, marine mammals that were pregnant            at a public display facility; how to determine if
               or nursing at the time of taking or less than eight          proposed research is bonafide and non-duplicative;
               months old may now be imported for public display            and how to implement the new enhancement authority.
               if it is determined that such importation is necessary       The Service expects to publish proposed rules to
               for the protection or welfare of the animal.                 implement these provisions early in 1992. The Fish
                                                                            and Wildlife Service continues to implement the 1988
                  The amendments specify that public display permits        amendments regarding permits on an ad hoc basis and
               may be issued only to an applicant that offers an            intends to defer revision of its permit regulations until
               acceptable education or conservation program, based          it has reviewed the proposed regulations being drafted
               upon professionally recognized standards of the public       by the National Marine Fisheries Service.
               display community, and whose facility is open to the
               general public on a regularly scheduled basis. For               Permits have yet to be issued under the new
               scientific research permits, the amendment requires          enhancement permit authority enacted in 1988.
               the Service to determine that the proposed taking is         However, certain activities previously characterized as
               necessary to further a bona fide scientific research         research (e.g., the Hawaiian monk seal head start
               need and does not unnecessarily duplicate other              program) may more appropriately be characterized as
               research. Lethal research on marine mammals can be           enhancement activities in the future. As such, the
               authorized only if the applicant demonstrates that non-      Commission expects that permits will soon be request-
               lethal alternatives are not feasible. In the case of         ed and issued under this authority.
               lethal research involving depleted marine mammals,
               a take also may be authorized only if the Service first
               determines that the research will directly benefit the            Swim-with-Me-Dolphin Ptogrww
               affected species or stock or fulfills a critically impor-
               tant research need.                                              In 1985, the National Marine Fisheries Service
                                                                            authorized a facility maintaining bottlenose dolphins
                  The amendments enable the National Marine                 under a public display permit to conduct a program in
               Fisheries Service and the Fish and Wildlife Service to       which members of the public are allowed to enter the
               issue enhancement permits to authorize activities            water and interact with the animals. Authorizations
               designed to contribute significantly to increasing or        for two additional facilities to conduct swim-with-the-
               maintaining the distribution or size of a marine             dolphin programs were issued in 1987 and another
               mammal population.        Any such permit must be            was issued in 1988. Because of possible health and
               consistent with applicable conservation or recovery          safety risks to both dolphin and human participants,
               plans.   Captive maintenance of depleted marine              the Commission and the National Marine Fisheries
               mammals under this authority is permitted only if the        Service have considered these swim-with-the-dolphin
               Service: (1) finds that such maintenance is likely to        programs to be experimental, and the programs have
               contribute to the survival or recovery of the species or     been authorized by the Service on a provisional basis.
               stock; (2) determines that the expected benefit to the
               species or stock outweighs the likely benefit of                 On 25 August 1988, the Service initiated a review
               alternatives that do not involve the removal of animals      of swim-with-the-dolphin program operations and their
               from the wild; and (3) requires that animals removed         effects. On 30 September 1988, the Service advised
               from the wild and their progeny be returned to their         all public display permit holders that specific authori-
               natural habitat as soon as feasible.                         zation was needed to conduct swim-with-the-dolphin-
                  As discussed above, the National Marine Fisheries         programs and that such authorizations would be issued
                                                                            only until 31 December 1989, by which time the
               Service has undertaken a comprehensive review of its         Service expected to have completed its review.
               permit program. One issue being examined in the
               review is how to implement the 1988 amendments.

                                                                        190






                                                                                         Chapter X - Permits for Marine Mammals


                On I November 1989, the Service, in response to            behavioral data; and, prior to implementing any of the
             considerable public controversy generated by these            workshop recommendations, the Service's convening
             programs, issued a Draft Environmental Impact                 a meeting of the operators of swim-with-the-dolphin
             Statement to evaluate the effects of continuing to use        programs to discuss the findings and recommendations
             dolphins in swim programs. The Commission com-                contained in the report.
             mented on the Draft Environmental Impact Statement
             by letter of 5 February 1990. The Commission                     In a 7 March 1991 letter to the National Marine
             recommended that, pending completion of the Ser-              Fisheries Service, the Commission concurred with the
             vice's review, no additional animals be removed from          workshop recommendations. To expedite the review
             the wild for swim programs and no additional swim             of swim-with-the-dolphin programs, the Commission
             programs be authorized.         The Commission also           recommended that medical and behavioral protocols
             recommended that: new conditions be designed to               and standardized reporting forms be drafted by the
             mitigate potential adverse impacts of the existing pro-       medical and behavioral teams in consultation with the
             grams on the well-being of dolphins and humans;               responsible veterinarians at facilities operating experi-
             substantially improved reporting requirements be              mental swim programs. If this were to be done prior
             established; the requirements be carefully structured         to the Service's meeting with swim program opera-
             to obtain, to the maximum extent possible, informa-           tors, it would afford operators, attending veterinari-
             tion useful in assessing the effects of swim programs;        ans, and program staff the opportunity to review and
             and thorough, consistent, and effective monitoring and        comment on both the draft protocols and the study
             enforcement of the four programs be established and           design.    Toward this end, the Commission also
             carried out by the National Marine Fisheries Service          recommended that the Service develop terms of
             to ensure that they are being conducted as responsibly        reference for and constitute an advisory panel and
             and safely as possible and that required reports are          behavioral observation team.
             submitted as specified.
                                                                              The Commission further recommended that, once
                A Final Environmental Impact Statement was                 drafts of the recommended medical and behavioral
             published in April 1990. Under the Service's pre-             protocols were completed, the Service convene a
             ferred alternative, the four existing swim-with-the-          meeting of the medical and behavioral teams, swim
             dolphin programs would be continued on an experi-             program operators, program veterinarians, and
             mental basis while a one-year study on the effects of         program staffs to discuss the findings and recommen-
             the programs was conducted. The four permits were             dations of the workshop report, and review and
             subsequently extended until 31 December 1991.                 finalize the medical and behavioral monitoring proto-
                                                                           cols and the standardized checklists and reporting
                On 9 August 1990, the Commission, at the request           forms. The Commission recommended that, upon
             of the National Marine Fisheries Service, convened a          finalizing the protocols, the Service initiate an assess-
             workshop to develop recommended protocols for a               ment program.
             study or studies to determine the relative risks and
             benefits of swim-with-the-dolphin programs. Work-                On 5 December 199 1, the Service requested
             shop recommendations included, among other things,            proposals from researchers interested in designing and
             the close observation of and recording of the behavior        conducting a study of swim-with-the-dolphin pro-
              f the dolphins involved, the conduct of quarterly site       grams. The contractor selected would be expected to
             visits to each swim program facility by a behavioral          collect data on the behavior and health of dolphins
             0

             observation team, to coincide with quarterly veteri-          participating in swim programs and to assess the
             nary examinations of the dolphins involved in the             effects of the programs. The Service expects to issue
             swim program and control group animals; the estab-            a contract for the study early in 1992. To enable the
             lishment of an advisory panel of veterinarians to             existing programs to continue on an experimental
             review the results of veterinary examinations and to          basis during the study, the Service, on 31 December
             consult with the behavioral observation team on the           1991, extended authority under the four permits until
             analysis and interpretation of medical data relative to       30 June 1993.


                                                                      191






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                     Feeding Wild Marine Mammals                              whale-watching regulations currently being considered
                   In 1988, the Commission became aware               that    by the Service.
                certain operators conducting commercial dolphin-                 On 15 June 1990, the National Marine Fisheries
                watching trips in the Gulf of Mexico had begun                Service denied   the request for the dolphin feeding/
                feeding the dolphins as part of their tours. The              public display   permit, citing its belief that these
                Commission referred the matter to the National                programs are not consistent with the purposes and
                Marine Fisheries Service, noting that feeding wild            Policies Of the Marine Mammal Protection Act. In
                dolphins was contrary to the provisions of the Marine         addition, on 29 August 1990, the Service published a
                Mammal Protection Act and could have adverse                  policy statement in the Federal Register advising that
                effects on the dolphins.                                      it would no longer accept or review public display
                                                                              permit applications seeking authorization to feed
                   Recognizing that dolphin-feeding may constitute a          marine mammals in the wild.
                "take" under the Marine Mammal Protection Act, one
                operator, on 25 January 1989, requested a public                 In light of its published     policy statement, the
                display permit to approach by boat, observe, and feed         Service, on 20 September 1990, returned an applica-
                bottlenose dolphins in the Corpus Christi Ship Canal.         tion from another tour operator who was seeking
                After a thorough review of the issue, the Commission          authority to conduct a dolphin-feeding program under
                concluded that wild dolphin feeding programs, even            a joint public display/scientific research permit. The
                those conducted with the utmost care and best of              Service advised the applicants that the jomit permit
                intentions, could adversely affect the dolphins. By           request could not be processed and suggested that a
                letter of 21 December 1989, it therefore recommended          revised application for the scientific research aspects
                that the permit be denied. Among the considerations           might be submitted. A scientific research permit
                that led to its conclusion were that feeding programs         application was subsequently filed with the Service on
                may (1) cause dolphins to be attracted to fishing boats       22 October 1990, but was found to be deficient. The
                and other vessels, increasing the likelihood that they        applicants were advised that they had not provided
                will become entangled in fishing gear, be struck by           sufficient information to demonstrate that the proposed
                vessels, or be shot, poisoned, or fed foreign objects;        taking would be necessary to further a bona fide
                (2) cause animals to become dependent on such food            scientific purpose and would not unnecessarily dupli-
                sources and become less able to find and catch natural        cate other research.
                prey when feeding is discontinued; (3) alter migratory
                patterns, thereby subjecting animals to food shortages           To avoid any possible misunderstanding as to
                or inhospitable conditions that otherwise would be            whether feeding wild marine mammals constitutes a
                avoided; (4) condition animals to expect food from            take and is therefore a violation of the Marine Mam-
                people, causing aggressive behavior when food is not          mal Protection Act, the Service, by Federal Register
                offered; and (5) expose animals to and make them              notice of 29 August 1990, proposed to revise its
                more susceptible to disease.                                  regulatory definition of the term "take." The pro-
                                                                              posed revision would clarify that taking includes
                  The Commission further recommended that the                 "feeding or attempting to feed a marine mammal in
                Service advise those conducting or contemplating              the wild in any manner."
                programs in which wild marine mammals are fed that
                such programs constitute an unauthorized take under              By letter of 11 December 1990, the Commission
                the Marine Mammal Protection Act.            Tours that       supported adoption of the rule as proposed. The
                provide opportunities for observing dolphins, but             Commission's letter noted that feeding wild marine
                which do not involve feeding, may, however, be                mammals could be harmful to the animals and that the
                conducted legally in ways that do not harass or               proposed regulatory definition was consistent with the
                otherwise take the animals. The Commission noted              underlying statutory definition of the term "take."
                that guidance on such activities should be provided in


                                                                         192






                                                                                          Chapter X - Permits for Marine Mammals


                 The Service issued a final rule on 20 March 1991          of harassment, is likely to alter marine mammal
              to amend the definition of the term "take" to include        behavior, and poses significant risks to the animals.
              feeding or attempting to feed marine mammals in the          Plaintiffs filed a cross-motion for summary judgment
              wild. As promulgated, the rule applies to feeding all        on 18 June 1991. A hearing on the matter was held
              wild marine mammals under the jurisdiction of the            in Corpus Christi, Texas, on 19 December 1991 and
              National Marine Fisheries Service, not only dolphins.        a decision on the matter is expected in 1992.
              The rule also defined "feeding" to mean "offering,
              giving or attempting to give food or non-food items to
              marine mammals in the wild ... including operating a                          Other Lfflgafion
               essel or providing other platforms from which
              feeding is conducted or supported." Feeding does                The Marine Mammal Protection Act allows both
              v

              not include the routine discard of byeatch during            permit applicants and those opposed to issuance of a
              fishing operations or the otherwise legal, routine           permit to seek judicial review of the terms and condi-
              discharge of waste or fish by-products from fish             tions of any permit issued under section 104 of the
              processing plants. The Fish and Wildlife Service has         Act or of the denial of such a permit. In recent years,
              not adopted comparable feeding regulations for species       permit-related litigation has increased. In addition to
              under its jurisdiction.                                      Strong v. United States, the dolphin-feeding case
                                                                           discussed above, the following cases were pending at
                 On 19 April 199 1, the effective date of the new          the end of 1991.
              regulatory definitions, the tour operators who had
              requested authority to conduct a dolphin-feeding             Animal Protection Ins&ute v. Mosbacher
              program under a scientific research permit filed suit
              in the U.S. District Court for the Southern District of
                                                                              On 28 April 1989, the National Marine Fisheries
              Texas (Strong v. United States) seeking either to            Service issued a public display permit to the John G.
              invalidate the new regulations or to compel issuance         Shedd Aquarium authorizing the importation of up to
              of a permit. Plaintiffs argued that broadening the           six false killer whales (Pseudorca crassidens) already
              regulatory definition of "take" to include feeding           held captive in Japan. The Sierra Club Legal Defense
              marine mammals was inconsistent with the statutory           Fund, on behalf of the Animal Protection Institute and
              definition of the term, that the rule was arbitrary and      other environmental and animal welfare groups, filed
              capricious because there is no scientific evidence that
                                                                           suit on 12 June 1989 challenging issuance of that
              feeding dolphins actually harms the animals, and that
              the Service acted arbitrarily by applying the feeding        permit. The plaintiff's suit challenges some of the
                                                                           Service's basic interpretations of the Marine Mammal
              prohibition to them but not to commercial fishermen.         Protection Act with respect to public display permits.
                 The court issued a temporary restraining ord on           The Shedd Aquarium and the American Association of
                                                                 er        Zoological Parks and Aquariums filed for and, on I I
              19 April 1991, enjoining enforcement of the ban on
              feeding wild marine mammals, but only as it pertains         September 1989, were granted intervenor status in the
                                                                           case.
              to the plaintiffs. In issuing the order, the court
              expressed doubt that the Marine Mammal Protection               In a motion for summary judgment filed on 17
              Act's prohibition on taking can be read to ban dolphin
              feeding and noted that the plaintiff's dolphin-feeding       January 1990, plaintiffs alleged that issuance of the
              cruises are probably harmless to the dolphins, but are       permit violated section 101(a)(3)(A) of the Marine
              valuable to people. The temporary restraining order          Mammal Protection Act because the Service had not
                                                                           certified that the program for taking marine mammals
              was extended pending a hearing on the merits of the          in Japan is consistent with the provisions and policies
              case.                                                        of the Marine Mammal Protection Act. Plaintiffs also
                 The Federal defendants filed a motion for summary         contended that, before a public display permit could
              judgment on 5 June 199 1, arguing, among other               properly be issued, the Service was required, through
              things, that marine mammal feeding constitutes a form        the formal rulemaking procedures of section 103, to

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               MARINE MAMMAL COMMISSION - Annual Report for 1991


               determine that the affected population was within its            On 14 June 1991, Citizens to End Animal Suffer-
               optimum sustainable population level and to establish        ing and Exploitation (CEASE) and other groups filed
               a quota for allowable takes. In addition, the plaintiffs     suit on behalf of Kama against the New England
               asserted that the Service, in violation of section 102(b)    Aquarium, the Department of Commerce, and the
               of the Act, failed to obtain sufficient information from     Navy seeking to compel return of the dolphin to the
               the applicant to determine that the animals to be            Aquarium. Plaintiffs alleged that transfers of marine
               imported were not pregnant at the time of taking,            mammals between facilities could be authorized only
               nursing at the time of taking or less than eight months      by permit and that the Service's practice of authoriz-
               old, or taken in a manner deemed inhumane by the             ing such transfers under letters of agreement violated
               Secretary.                                                   the Marine Mammal Protection Act.               Similarly,
                                                                            allegations were made that the Service improperly
                  Federal defendants also filed a motion for summary        authorized the taking and sale of beached and stranded
               judgment on 17 January 1990. In response to the              marine mammals under letters of agreement.              In
               plaintiff's claims, the defendants maintained that:          addition, plaintiffs asserted that the Service had
               section 101(a)(3)(A) applies only to waivers of the          violated the National Environmental Policy Act by
               Act's moratorium on taking and importing marine              failing to analyze the impacts of authorizing the
               mammals, and no certification of foreign consistency         taking, purchase, sale, and transport of marine main-
               is required for public display permits; a formal             mals under letters of agreement.
               determination of a stock's status relative to its opti-
               mum sustainable population is not a prerequisite for             Plaintiffs also claimed that the National Marine
               issuance of a public display permit; the Service             Fisheries Service violated the Act by modifying
               properly determined that permit issuance would not           permits without prior public notice when the modifica-
               adversely affect the wild false killer whale population,     tion would neither increase the number of marine
               since the requested animals were already being               mammals authorized to be taken nor pose increased
               maintained in captivity; and minimum size require-           risks to the animals. Based on this premise, plaintiffs
               ments and other conditions set forth in the permit           are also seeking to invalidate the Service's two-year
               assured that young, unweaned animals, pregnant or            extension of a public display permit issued to the New
               nursing females, and animals taken in an inhumane            England Aquarium to collect bottlenose dolphins.
               manner would not be imported.
                                                                                The New England Aquarium filed a counterclaim
                  Briefing of the case was completed in February            on 17 September 1991, claiming abuse of process and
               1990. The Shedd Aquarium has voluntarily agreed to           defamation by the plaintiffs. The Aquarium has
               provide all parties to the litigation at least 30 days'      alleged that plaintiffs knew that its original claims
               notice, should it decide to exercise its authority under     were without merit and waited too long to bring their
               the permit to import the whales. At the end of 1991          claims. It is seeking $3 million in damages for abuse
               the U.S. District Court had yet to schedule oral             of process. The Aquarium has also charged that
               argument in the case.                                        plaintiffs have made false and defamatory statements
                                                                            regarding the Aquarium and is seeking an additional
               Kama v. New England Aquarium                                 $2 million in damages.

                  Kama, a captive-born bottlenose dolphin formerly              At the end of 1991, Federal defendants were
               maintained at the New England Aquarium under a               preparing a motion for summary judgment, which
               public display permit, was transferred to the U.S.           they expected to file early in 1992.
               Navy in 1987 under a letter of agreement issued by
               the National Marine Fisheries Service. The Navy,
               through a separate letter of agreement, was authorized
               to maintain the dolphin under the terms and conditions
               of its existing scientific research permit.


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                                                              Chapter X1


                                    NL4PJENE M4NMALS IN CAPTIVrrY


                 Under the Marine Mammal Protection Act, permits           tion of Marine Mammals under the authority of the
             to  take marine mammals for purposes of public                Animal Welfare Act. The standards establish mini-
             display, scientific research, and species enhancement         mum requirements for the care, maintenance, and
             may be issued by either the Secretary of Commerce or          transportation of captive marine mammals that apply
             the Secretary of the Interior, depending upon the             to dealers, exhibitors, researchers, carriers, and inter-
             species of marine mammal involved. Such permits               mediate handlers. All persons or facilities maintaining
             are to specify the methods of capture, supervision,           marine mammals in captivity in the United States for
             care, and transportation that must be followed during         purposes of public display, scientific research, or
             and after the taking, including requirements for              species enhancement must obtain licenses from the
             maintaining the animals in captivity. In addition, the        Animal and Plant Health Inspection Service; they must
             Department of Agriculture's Animal and Plant Health           also maintain those marine mammals in compliance
             Inspection Service regulates the handling, care, treat-       with the standards. A variance may be obtained to
             ment, and transportation of captive marine mammals            allow a limited time for modifying existing facilities,,
             under the Animal Welfare Act. Since its inception,            constructing new facilities, or taking other actions
             the Marine Mammal Commission has tried to ensure              necessary to achieve full compliance.
             the safety and well-being of marine mammals main-
             tained in captivity. Activities regarding the develop-           The standards were last amended by the Service in
             ment and possible revision of applicable standards are        1984. Significant areas covered by the amendments
             discussed below.                                              included space requirements for primary enclosures
                                                                           for certain marine mammals, procedures for granting
                                                                           variances, construction requirements for marine
                           An*mn] WeVare Act                               mammal facilities, requirements for accompanying
                                                                           pinnipeds during transport, and specifications for
                 In 1979, the National Marine Fisheries Service, the       holding areas for marine mammals temporarily
             Fish and Wildlife Service, and the Animal and Plant           maintained at airports or elsewhere during shipment.
             Health Inspection Service entered into a cooperative
             agreement to promote the effective implementation of          Review and Revision of Marine Mammal
             standards governing the humane handling, care,                Care and Maintenance Standards
             treatment, and transportation of captive marine
             mammals. In particular, the agreement seeks to                   On 29 May 1990, representatives of the Animal
             (1) ensure uniform application of the standards;              and Plant Health Inspection Service, the National
             (2) provide appropriate and consistent guidance to            Marine Fisheries Service, the Fish and Wildlife
             persons responsible for captive marine mammals; and           Service, and the Marine Mammal Commission met to
             (3) ensure the effective utilization of the personnel and     discuss possible revisions of the Animal and Plant
             unique capabilities of each agency, with minimal              Health Inspection Service's standards governing the
             duplication of effort.                                        humane handling, care, treatment, and transportation
                                                                           of captive marine mammals. At the meeting, agency
                 Also in 1979, the Animal and Plant Health Inspec-         representatives agreed that a review of the standards
             tion Service issued Standards and Regulations for the         was desirable and they adopted a general schedule as
             Humane Handling, Care, Treatment, and Transporta-             follows: (1) development of a discussion paper by the

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              MARINE MAMMAL COMMISSION - Annual Report for 1991


              Marine Mammal Commission to assist the Services in         timetable and plan for carrying out the review. The
              drafting revised regulations; (2) development of draft     Commission expects a response to its letter by the end
              regulations by the Services and review by a working        of January 1992.
              group consisting of representatives from the four
              Federal agencies and representatives of the research,                           lAcey Act
              public display, and environmental communities; and
              (3) publication of proposed regulations by the Services        As discussed    above, the transport of marine
              for a 60-day comment period.                               mammals is regulated by the Animal and Plant Health
                                                                         Inspection Service under the Animal Welfare Act and
                 As discussed in Chapter X, the National Marine          by the National Marine Fisheries Service and the Fish
              Fisheries Service held a series of working sessions on     and Wildlife Service under the Marine Mammal
              permit-related issues in 1989. One session addressed       Protection Act. In addition, the Lacey Act Amend-
              care and maintenance standards for marine mammals.         ments of 1981 direct the Secretary of the Interior to
              After considering the issues raised during this working    prescribe requirements for the humane and healthfill
              session and identifying ambiguities in the existing        transport of wild animals and birds, including marine
              standards, the Marine Mammal Commission prepared           mammals, shipped to the United States. A final rule
              a discussion paper setting forth a number of questions     establishing transport standards for mammals and
              to be addressed in the interagency review. These           birds was published on 10 November 1987; it was to
              questions addressed both shortcomings in the existing      take effect 90 days later.
              standards and issues not previously dealt with in the
              standards.                                                     Before the final rule became effective, however, a
                                                                         significant number of adverse comments were submit-
                 On 31 July 1991, the Commission provided the            ted to the Service. Commentors noted that compli-
              Services with its discussion paper. In the transmittal
                                                                         ance with the regulations could result in inhumane
              letter to the Animal and Plant Health Inspection           treatment of some animals. It also was argued that
              Service, the Commission noted that a prompt review         the regulations would, in some cases, be difficult
                                                                                                                                to
              of the standards and regulations was needed and it         enforce and, without good reason, would make it
              recommended that, if the Service's workload is such        virtually impossible to transport some types of ani-
              that a review could not proceed quickly, the National      mals. On 8 February 1988, the date the regulations
              Marine Fisheries Service, under its authority over         would have taken effect, the Service postponed the
              captive marine mammals as provided by the Marine           effective date until 1- August 1988 to provide time to
              Mammal Protection Act, should assume primary               thoroughly evaluate these assertions. On I March
              responsibility for undertaking the review.                 1988, animal welfare groups brought suit against the
                                                                         Service, seeking to have the regulations take effect
                 On 11 September 1991, the Animal          and Plant     immediately. The District Court for the District of
              Health Inspection Service responded to the Commis-         Columbia, on 18 April 1988, ruled that the delay in
              sion's July letter.   The Service indicated that an        implementing the transport regulations was without
              internal review of the standards was under way and         good cause and issued a preliminary injunction
              that the Commission's discussion paper would be used       establishing 8 February 1988 as the effective date of
              to guide development of revised standards.          The    the rule.
              Commission replied to the Service's letter on 20
              December 1991, expressing concern that the Service             Subsequently, the Service undertook a review of
              might not be aware of the agreement among the              the regulations to identify those provisions that were
              Service, the National Marine Fisheries Service, the        in need of amendment or clarification. It published a
              Fish and Wildlife Service, and the Commission that         notice of intent to amend the regulations and indicated
              the review be conducted as an interagency effort. The      those provisions of the rule that appeared to warrant
              Commission stressed the need for prompt action,            change. Based upon that review, the Service pub-
              commencing with a meeting of representatives of the        lished a Federal Register notice on 15 October 1990,
              three Services and the Commission to establish a


                                                                     196






                                                                                      Chapter )a - Marine Manunals in Captivity


             proposing amendments to the rules. With respect to
             the marine mammal section of the regulations, the
             proposed amendments were limited to editorial chang-
                    uding the elimination of duplicative provisions.
             es, incl

               The Commission, in consultation with its Commit-
             tee of Scientific Advisors, reviewed and provided
             comments on the proposed regulations on 4 January
             1991. The Commission supported adoption of the
             proposed rule with certain modifications, including a
             reduction in the length of time before departure that
             a marine mammal may be consigned to a carrier. The
             Commission strongly supported the requirement that
             marine mammals be accompanied in shipment by
             individuals knowledgeable in their care, and noted that
             the effectiveness of this requirement would be en-
             hanced if the carrier were required to inform the
             caretaker of any unexpected delays during transport
             and, except as precluded by safety considerations,
             accommodate requests by the caretaker for access to
             the animal. In addition, the Commission recommend-
             ed that Fish and Wildlife Service representatives
             participating in efforts to develop international animal
             transport standards pursuant to the Convention on
             International Trade in Endangered Species of Wild
             Fauna and Flora (CITES) seek agreement on terms
             consistent with those issued under the Animal Welfare
             Act and the Lacey Act Amendments of 1981.

               At the end of 1991, a final rule had been drafted
             and was undergoing legal review. Publication of the
             final rule is expected early in 1992.



















                                                                     197









                                                                APPENDEK A


                        COMCMON RECOMIENDATIONS: CALENDAR YEAR 1"l


             4 January         Interior; commenting to Fish and Wildlife Service on proposed changes to regulations governing the
                               humane and healthful transport of wild animals and birds in the United States; recommending adoption,
                               subject to modifications to (1) reduce the allowed length of time which animals may be consigned to a
                               carrier prior to departure and (2) require shipped animals to be accompanied by individuals knowledge-
                               able in marine mammal care; and further recommending that the Service seek an international
                               agreement on international transport standards for live animals pursuant to the Convention on
                               International Trade in Endangered Species of Wild Fauna and Flora.

             10 January        Commerce; modification of scientific research permit, Berad Wdrsig and Salvatore Cercio.

             16 January        Commerce; modification of scientific research permit, Daniel P. Costa.

             17 January        Commerce; modification of scientific research permit, Walter H. Munk.

             17 January        Commerce; modification of scientific research permit, James H.W. Hain.

             17 January        Commerce; scientific research permit, Southwest Fisheries Center.

             17 January        Commerce; public display permit, Mary A. Olson.

             17 January        Commerce; modification of scientific research permit, James T. Harvey and Daniel P. Costa.

             17 January        Interior; modification of scientific research permit, National Ecology Center, Fish and Wildlife Service.

             7 February        Commerce; commenting to the National Marine Fisheries Service on the incidental take of Hawaiian
                               monk seals by longline fishermen in the Northwestern Hawaiian Islands; and recommending that the
                               Service (1) re-initiate consultations pursuant to section 7 of the Endangered Species Act on the impact
                               of the fishery on monk seals, and (2) immediately suspend all longline fishing in areas where monk
                               seals may be affected until it can ensure that such fishing is not likely to jeopardize the continued
                               existence of the species.

             8 February        Navy; commenting to the Division of Installations and Environment on the use of Sea Uon Rock as a
                               site to practice bombing and low level approaches by Navy aircraft; and recommending that such uses
                               of Sea Lion Rock be terminated due to effects on marine mammals, migratory birds, and other wildlife.

             I I February      State of Florida; commenting to the Governor and other members of the Florida Cabinet on boat speed
                               restrictions to protect manatees in Palm Beach County; and recommending adoption of proposed
                               restrictions.

             13 February       Interior; modification of scientific research permit, EBASCO Environmental.

             13 February       Commerce; public display permit, John G. Shedd Aquarium.

             14 February       Commerce; modification of scientific research permit, LGL Alaska Research Associates.

             15 February       Interior; request for renewal of scientific research permit, Natural History Museum of Los Angeles
                               County-

             19 February       Commerce; scientific research permit, Dan R. Salden.



                                                                         199



    N






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                21 February      Commerce; commenting to the National Marine Fisheries Service on a draft report to Congress
                                 concerning U.S. actions to address large-scale high seas driftnet fishing pursuant to the Driftnet Act
                                 Amendments of 1990; expressing concern that all appropriate steps are not being taken to prepare for
                                 future international meetings in response to the United Nations General Assembly call for a moratorium
                                 on driftnet fisheries after 30 June 1992; and recommending, among other things, that a meeting of U.S.
                                 experts be convened to develop an agreed domestic position and approach to help implement the
                                 moratorium provisions.

                21 February      Commerce; commenting to the National Marine Fisheries Service on the taking of Hawaiian monk seals
                                 incidental to longline fishing; supporting a Service decision to require observers on board all longline
                                 fishing vessels operating within a 50-mile study zone around the Northwestern Hawaiian Islands, and to
                                 initiate steps to prohibit fishing within that area; and recommending that (1) observers be required
                                 aboard fishing vessels operating between 50 and 100 nautical miles of the Northwestern Hawaiian
                                 Islands; (2) monk seal haulout beaches be monitored closely during the fishing season for evidence of
                                 interactions with the fishery; and (3) consideration be given to requiring longline fishing vessels to
                                 carry real-time vessel locating transmitters.

                21 February      Commerce; modification of scientific research permit, North Gulf Oceanic Society.

                22 February      Interior; modification of scientific research permit, Alaska Fish and Wildlife Research Center.

                5 March          Commerce; modification of scientific research permit, C. Scott Baker, National Cancer Institute.

                5 March          Commerce; modification of scientific research permit, Cetacean Research Unit.

                6 March          Commerce; modification of scientific research permit, North Gulf Oceanic Society.

                7 March          Commerce; commenting to the National Marine Fisheries Service on the report of a workshop to design
                                 a study of the risks and benefits of swim-with-the-dolphin programs; concurring with recommendations
                                 in the report; and recommending, among other things, that medical and behavioral protocols and
                                 standardized reporting forms be drafted and reviewed by program operators, attending veterinarians,
                                 and program staffs.

                8 March          State; commenting to the Bureau of Oceans and International Environmental and Scientific Affairs on
                                 the draft Protocol to the Antarctic Treaty on Environmental Protection; noting substantive progress in
                                 the areas of environmental protection and conservation; and recommending certain specific textual
                                 changes-

                13 March         Commerce; scientific research permit, Bernd Wfirsig and Graham A.I. Worthy.

                13 March         Commerce; scientific research permit, Steven K. Katona.

                15 March         Commerce; modification of scientific research permit, Southwest Fisheries Science Center.

                15 March         Commerce; scientific research permit, All-Union Scientific Research Institute of Fisheries and
                                 Oceanography, U.S.S.R.

                15 March         Commerce; public display permit, Singapore Zoological Gardens.

                15 March         Commerce; modification of scientific research permit, Jan Straley.

                15 March         Interior; modification of scientific research permit, Mote Marine Laboratory.
                18 March         National Science Foundation; commenting to the Division of Polar Programs on the Draft Supple@nental
                                 Environmental Impact Statement for the United States Antarctic Program; noting, among other things,
                                 that the statement does not describe or evaluate either the possible environmental impacts of the various
                                 program components or the Division's responsibilities for ensuring that non-governmental expeditions
                                 involving U.S. citizens comply with relevant measures such as the Antarctic Conservation Act or the


                                                                           200






                                                                                          Appendix A - Commission Recommendations


                               Marine Mammal Protection Act; and recommending, among other things, that the statement address
                               possible environmental impacts and describe procedures to assess and minimize possible adverse effects
                               of research activities.

             21 March          Commerce; scientific permit application, Northeast Fisheries Center.

             22 March          State of Florida; commenting to the Marine Fisheries Commission on manatee deaths incidental to
                               commercial shrimp fishing operations in inland waters of Florida and Georgia; and recommending that
                               the Commission consider (1) closing certain manatee habitat areas to inland shrimp fisheries; (2)
                               improving monitoring programs to identify locations, times, and frequency of lethal and non-lethal
                               interactions between manatees and shrimpers and steps that might be taken to avoid them; and (3) the
                               use of area, gear, season, and/or operating restrictions to help avoid the potential for manatee deaths
                               due to shrimping.

             25 March          Commerce; scientific research permit, Center for Coastal Studies.

             26 March          Commerce; public display permit, Brookfield Zoo.

             28 March          Commerce; scientific research permit, Department of Veterinary Pathology, Department of Defense.

             28 March          Commerce; scientific research permit, James T. Harvey.

             I April           Commerce; commenting to the National Marine Fisheries Service on Amendment 4 to the Bottonifish
                               Fishery Management Plan for the Western Pacific Region; and recommending, among other things,
                               revising the proposed amendment to require observer coverage of at least 30 percent of the fishing trips
                               to the Northwestern Hawaiian Islands until such time that it is clear that lethal taking of monk seals is
                               avoided.

             9 April           Commerce; commenting to the National Ocean Service on the Draft Environmental Impact State-
                               ment/Management Plan on the Proposed Stellwagen Bank National Marine Sanctuary; and recommend-
                               ing, among other things that (1) the Service proceed with efforts to implement the sanctuary manage-
                               ment program, (2) the statement be expanded to provide a more thorough description of the possible
                               effects of commercial and recreational fishing on marine mammals and other species, and (3) the
                               sanctuary designation document be expanded to identify commercial and recreational fishing as
                               activities that could be subject to regulation.

             15 April          Interior; modification of scientific research permit, Southwest Fisheries Science Center.

             18 April          Interior; commenting to the Fish and Wildlife Service on a proposed rule authorizing for five years the
                               non-lethal take of walruses and polar bears incidental to oil and gas exploration activities in the
                               Chukchi Sea; and recommending, among other things, that (1) the Service estimate the numbers of
                               walruses and polar bears that may be taken and explain its rationale for determining that they constitute
                               "small numbers," as required by the Marine Mammal Protection Act, and (2) the proposed rule be
                               amended to provide the Commission and the public an opportunity to review and comment on specific
                               proposed exploratory activities and monitoring programs before letters of authorization are issued.

             19 April          Commerce; scientific research permit, Southwest Fisheries Science Center.

             19 April          Commerce; public display permit, Sea World, Inc.

             19 April          Commerce; commenting to the National Marine Fisheries Service on the proposed Amendment 2 to the
                               Fishery Management Plan for the Pelagic Fisheries of the Western Pacific Region; and recommending,
                               among other things, that (1) the proposed Amendment be changed to incorporate an emergency measure
                               proposed by the Western Pacific Fishery Management Council to ban longline fishing within 50 nautical
                               miles of the Northwestern Hawaiian Islands; (2) the proposed Amendment's protected species study
                               area be expanded; (3) fishing permit renewals be contingent in part upon compliance with provisions
                               for the area closure; and (4) consideration be given to a new provision requiring that all fishing vessels
                               carry satellite-linked radio transmitters for real-time vessel tracking.


                                                                         201






                MARINE MAMMAL COMMISSION - Annual Report for 1991


                22 April          Commerce; scientific research permit, National Marine Mammal Laboratory.

                23 April          Commerce; commenting to the National Marine Fisheries Service on an emergency closure of waters
                                  within 50 nautical miles of the Northwestern Hawaiian Islands to pelagic longline fishing; and
                                  recommending that the Service takes steps to make the emergency closure permanent.

                29 April          Commerce; public display permit, Mount Desert Oceanarium.

                29 April          Commerce; scientific research permit, Frank T. Awbrey.

                29 April          Commerce; scientific research permit, Southeast Fisheries Science Center.

                7 May             Interior; modification of scientific research permit, Alaska Regional Office, Fish and Wildlife Service.

                7 May             Commerce; modification of scientific research permit, Southwest Fisheries Science Center.

                8 May             Interior; commenting to the Fish and Wildlife Service on a proposed list of species protected under the
                                  Cartagena Convention Protocol on Specially Protected Areas and Wildlife; and recommending that
                                  marine mammal species be listed individually and that the Service take steps to encourage development
                                  of a manatee recovery plan for the Wider Caribbean region under the Protocol.

                9 May             Interior; commenting to the Fish and Wildlife Service on use of Sea Lion Rock for practice bombing by
                                  the Navy; and recommending that the Service no longer allow such uses.

                10 May            Commerce, scientific research permit, California Marine Mammal Center.

                10 May            Commerce; commenting to the National Marine Fisheries Service on a request by Shell Western E&P
                                  Inc. for a letter of authorization to allow non-lethal takes of bowhead, gray, and beluga whales and
                                  bearded, ringed, and spotted seals incidental to exploratory offshore oil and gas drilling operations in
                                  the Chukchi Sea; and recommending, among other things, that the applicant be asked to convene an
                                  independent group of experts to review and provide advice on design and proposed methods for
                                  collecting and analyzing data from aerial surveys and other studies being planned as part of the
                                  program to monitor marine mammals and possible interactions between them and oil and gas explorato-
                                  ry activities.

                13 May            Commerce; commenting to the National Marine Fisheries Service on the die-off of several species of
                                  seals along Long Island, New York; and recommending, among other things, that a medical director be
                                  appointed to oversee investigation of the die-off and that a team of experts be convened to meet with
                                  the medical director and the Stranding Coordinator to review and evaluate circumstances surrounding
                                  the seal deaths.

                13 May            Commerce; commenting to the National Marine Fisheries Service on the Technical Draft Recovery
                                  Plan for the Steller Sea Lion; and recommending, among other things, that the Service (1) complete,
                                  adopt, and implement the plan as soon as possible and (2) take steps to (a) appoint or hire a full-time
                                  coordinator for Steller sea lion activities; (b) reconvene the Recovery Team; and (c) develop an
                                  implementation plan and strategy for assigning priorities and defining involvement of other agencies in
                                  the implementation process.

                14 May            Interior; modification of scientific research permit, Fish and Wildlife Enhancement Division, Fish and
                                  Wildlife Service.

                20 May            Interior; Request for renewal of scientific research permit, EBASCO Environmental.

                23 May            Interior; scientific research permit, Alaska Fish and Wildlife Research Center.

                24 May            Commerce; commenting to the National Marine Fisheries Service on a request by ARCO Alaska, Inc.
                                  for a letter of authorization to take bowhead, gray, and beluga. whales and bearded, ringed, and spotted
                                  seals incidental to oil and gas exploration activities during 1991.-1992; and recommending, among other


                                                                            202






                                                                                        Appendix A - Commission Recommendations


                               things, that the Service advise the applicant that, if walruses and polar bears may be taken, the
                               applicant must also obtain a letter of authorization from the Fish and Wildlife Service.

              31 May           Commerc@; commenting to the National Marine Fisheries Service on a petition to designate three areas
                               as critical habitat for right whales under the Endangered Species Act; providing a report assessing the
                               justification for doing so; and recommending, among other things, that the Service proceed with actions
                               to formally propose and designate all three areas.

              31 May           State of Florida; commenting to the Department of Natural Resources on its proposed rules to restrict
                               boat speeds in Volusia County and parts of adjacent counties; and recommending adoption of the
                               proposed rule.

              3 June           Commerce; scientific research permit, National Marine Mammal Laboratory.

              12 June          Commerce; modification of scientific research permit, Randall S. Wells.

              12 June          Commerce; commenting to the National Marine Fisheries Service on an emergency Endangered Species
                               Act permit request to authorize euthanizing a male Hawaiian monk seal responsible for the deaths of
                               four weaned monk seal pups at French Frigate Shoals; noting that the proposed taking is authorized
                               under the Marine Mammal Protection Act, and recommending that the request be granted.

              14 June          North Pacific Fisheries Management Council; commenting on the proposed Amendments 17 and 22 to
                               the Groundfish Fishery Management Plans for the Bering Sea/Aleutian Islands and Gulf of Alaska;
                               supporting an alternative area closure to protect wahus haulouts that include all waters between Cape
                               Peirce and Cape Constantine; and recommending that all alternative actions concerning the closure,
                               including the no-action alternative, be modified to ensure that each reflects the need for research to
                               assess its effectiveness in protecting walruses.

              14 June          Commerce; modification of scientific research permit, Thomas F. Albert.

              14 June          Commerce; modification of scientific research permit, National Marine Manimal Laboratory.

              17 June          Commerce; scientific research permit, Randall W. Davis and Patrick J. Butler.

              17 June          Commerce; modification of scientific research permit, Southwest Fisheries Science Center.

              18 June          Interior; commenting to the Minerals Management Service on a Draft Environmental Impact Statement
                               for Gulf of Mexico Sales 139 and 141; and recommending, among other things, that the Service
                               establish a long-term monitoring program to meet its statutory requirements for post-lease monitoring
                               under the Outer Continental Shelf Lands Act

              27 June          Commerce; commenting to the National Marine Fisheries Service on a request by Chevron U.S.A. Inc.
                               for a letter of authorization to take bowhead, gray, and beluga whales and ringed, bearded, and spotted
                               seals incidental to oil and gas exploratory operations in Alaskan waters in 1991; and recommending,
                               among other things, that (1) the Service consult with the Alaska Department of Fish and Game and its
                               own scientists to determine the adequacy of existing data and programs to detect potential changes in
                               the status of affected species; and (2) the applicant be asked to constitute an independent group of
                               experts to review and provide advice on the design of its monitoring program.

              28 June          Commerce; commenting to the National Marine Fisheries Service on the "Joint Petition to Amend
                               Regulations Governing the Taking of Marine Mammals Incidental to Oil and Gas Exploration Activities
                               in Alaska"; noting that it is unclear whether several of the proposed amendments could or would result
                               in changes in the traditional ways whereby Natives hunt bowhead whales; and recommending, among
                               other things, that most of the proposed amendments be addressed in a memorandum of understanding
                               among the petitioners.

              2 July           Commerce; scientific research permit, Southwest Fisheries Science Center.



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               MARINE MAMMAL COMMISSION - Annual Report for 1991


               2 July            Interior; public display permit, Homer Society of Natural History.

               2 July            Commerce; modification of scientific research permit, Steven K. Katona.

               2 July            Commerce; modification of scientific research permit, C. Scott Baker.

               3 July            Interior; commenting to the Minerals Management Service on possible effects of an offshore oil and gas
                                 lease sale in the Cook Inlet.area on marine mammals; and recommending, among other things, that the
                                 Service consult with the National Marine Fisheries Service, pursuant to section 7 of the Endangered
                                 Species Act, to determine whether the proposed sale could negatively affect endangered or threatened
                                 marine mammals.

               3 July            Commerce; modification of scientific research permit, Southeast Fisheries Science Center.

               3 July            Commerce; scientific research permit, James D. Gilardi.

               11 July           Commerce; commenting to the National Marine Fisheries Service on a request by BP Exploration
                                 (Alaska) Inc. for a Letter of Authorization to take bowhead, gray, and beluga whales and ringed,
                                 bearded, and spotted seals incidental to surveys for geohazards in the Beaufort Sea; and recommending
                                 that the request be approved, provided that a marine mammal monitoring program is undertaken to
                                 document any interactions between bowhead whales or other marine mammals and the survey
                                 operations-

               11 July           Commerce;   commenting to the National Marine Fisheries Service on a request by the Amerada Hess
                                 Corporation for a letter of authorization to take bowhead, gray, and beluga whales and ringed, bearded,
                                 and spotted seals incidental to seismic exploration operations in the Beaufort Sea; and recommending
                                 that the request be approved, provided that the Service is satisfied that a marine mammal monitoring
                                 program will be undertaken to accurately document any interactions with marine mammals.

               17 July           Commerce; modification of scientific research permit, R.H. Defran.

               17 July           Commerce; modification of scientific research permit, National Marine Marnmal Laboratory.

               17 July           Interior; modification of scientific research permit, Alaska Fish and Wildlife Research Center.

               18 July           Interior; commenting to the National Park Service on vessel entry levels and related restrictions to
                                 protect humpback whales in Glacier Bay; and recommending that the Service (1) re-initiate consulta-
                                 tions with the National Marine Fisheries Service pursuant to section 7 of the Endangered Species Act
                                 before circulating for review a proposal to change the existing regulations and (2) append the results of
                                 that consultation to any proposed changes circulated for public review.

               18 July           Commerce; public display permit, Jenkinson Seaquarium Corporation.

               24 July           State; commenting to the Bureau of Oceans and International Environmental and Scientific Affairs on a
                                 draft U.S. policy statement on large-scale high seas driftnets to be submitted to the United Nations
                                 Office of Ocean Affairs and the Law of the Sea; expressing concern about the adequacy of- (1) the
                                 discussion of uncertainties regarding the effects of large scale driftnet fisheries on marine food chains
                                 and the stability of marine ecosystems; (2) the failure to define "sound principles of resource manage-
                                 ment"; (3) the failure to take cognizance of assessments done and knowledge gained at a recent
                                 international meeting of researchers in Sidney, British Columbia; and recommending changes to better
                                 reflect those issues before the statement is submitted to the United Nations.


               25 July           Interior; commenting to the Fish and Wildlife Service on the results of a Commission-sponsored
                                 December 1990 workshop on the Bering Sea/Gulf of Alaska and Antarctic marine ecosystems;
                                 forwarding to the Service copies of the final workshop report; and recommending that the Service (1)
                                 continue and expand its seabird assessment and monitoring programs in the Bering Sea and Gulf of
                                 Alaska and (2) work with the National Marine Fisheries Service, the National Science Foundation, and


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                                                                                          Appendix A - Commission Recommendations


                                other agencies and organizations to make use of national and international fora to assist in planning,
                                coordinating, and analyzing the results of multi-disciplinary research programs in the Bering Sea and
                                Gulf of Alaska.

              25 July           National Science Foundation; commenting on the results of a Commission-sponsored workshop on the
                                Bering Sea/Gulf of Alaska and Antarctic marine ecosystems; forwarding copies of the final workshop
                                report; and recommending that the Foundation and other appropriate Federal agencies work coopera-
                                tively to implement the workshop recommendations.

              Z5 July           Commerce; commenting to the National Marine Fisheries Service on the results of a Commission-
                                sponsored workshop on the Bering Sea/Gulf of Alaska and Antarctic marine ecosystems; forwarding
                                copies of the final workshop report; and recommending that the Service (1) give attention to the
                                workshop recommendations that concern matters under its jurisdiction; (2) initiate consultations with the
                                Fish and Wildlife Service, the Minerals Management Service, the National Science Foundation, the
                                Alaska Department of Fish and Game, and other organizations to determine if there is interest in
                                developing an integrated geographic information system; and (3) take steps to organize and hold a
                                workshop or workshops before the end of January 1992 to identify and evaluate possible procedures for
                                assessing interactions between fisheries and marine mammals.

              29 July           Commerce; modification of scientific research permit, Washington Department of Fish and Game.

              30 July           State; commenting to the Bureau of Oceans and International Environmental and Scientific Affairs on
                                the draft U.S. policy on large-scale pelagic driftnets; restating the general comments in its 24 July
                                letter; and recommending modifications in the text of the policy statement to better reflect ecosystem
                                impacts from driftnet fishing and the need to reflect new principles for the management of living
                                marine resources.

              31 July           Agriculture; commenting to the Animal and Plant Health Inspection Service on standards for the
                                humane handling, care, treatment, and transportation of captive marine mammals; noting that, at a 29
                                May 1990 interagency meeting, representatives of the Animal and Plant Health Inspection Service, the
                                National Marine Fisheries Service, the Fish and Wildlife Service, and the Marine Mammal Commission
                                agreed that the standards needed to be revised and adopted a general schedule for the review as
                                follows: (1) development of a discussion paper by the Commission to assist the Services in drafting
                                revised regulations; (2) convening a working group made up of representatives of the research, public
                                display, and environmental communities and government agencies to review the Services' revised draft
                                regulations; and (3) publication of proposed regulations by the Services for a 60-day comment period;
                                transmitting a discussion paper describing questions to be addressed in the revised regulations, when
                                they are developed; and recommending that the Services obtain assistance from individuals experienced
                                in the fields of marine mammal medicine, husbandry, and behavior.

              31 July           Commerce; commenting to the National Marine Fisheries Service on a status review of endangered
                                whales and a proposal to proceed with steps to remove the eastern North Pacific (California) gray
                                whale population from the endangered species list; noting that some of the information and conclusions
                                in the report are misleading and do not reflect the best available information; and recommending,
                                among other things, that the Service revise the report to describe and evaluate the best available
                                information on the status of and potential threats to each whale stock listed under the Endangered
                                Species Act.

              5 August          Commerce; commenting to the National Marine Fisheries Service on a final rule published by the Fish
                                and Wildlife Service to authorize the unintentional take of walruses and polar bears incidental to oil and
                                gas exploration activities in the Chukchi Sea; and recommending, among other things, that the Service
                                (1) initiate rulemaking to amend its definition of "small numbers" for the purposes of defining
                                allowable incidental take and (2) organize and convene a workshop to further develop site-specific
                                monitoring guidelines.

              5 Au              Interior; commenting to the Fish and Wildlife Service on its Final Rule-governing the take of small
                   gust
                                numbers of walruses and polar bears incidental to offshore oil and gas exploration activities in the
                                Chukchi Sea; noting, among other things, that the rule does not provide an estimate of the numbers of


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             MARINE MAMMAL COMMISSION - Annual Report for 1991


                             walruses and polar bears that may be taken or explain how the Service determined those numbers to be
                             "small"; and recommending, among other things, that the Service (1) initiate a rulemaking to amend its
                             definition of "small numbers"; (2) prepare a proposal for legislation to implement the International
                             Agreement on the Conservation of Polar Bears and forward it to Congress as soon as possible; and (3)
                             as a matter of practice, publish notice of applications for letters of authorization and provide at least a
                             30-day public comment period.

             9 August        Commerce; commenting to the National Marine Fisheries Service on the need for reviews of the
                             Hawaiian monk seal and tuna-porpoise programs; recommending that the reviews be held in October;
                             and forwarding copies of draft agendas for both reviews.

             9 August        Commerce; scientific research permit, Howard E. Winn and Richard 0. Petricig.

             9 August        Commerce; commenting to the National Marine Fisheries Service on Amendment 3 to the Fishery
                             Management Plan for Pelagic Fisheries of the Western Pacific Region; noting that the amendment does
                             not adequately address protection needs for Hawaiian monk seals; and recommending, among other
                             things, that the Service return the amendment to the Western Pacific Fishery Management Council to
                             add language to better protect monk seals from adverse interactions with fisheries.

             14 August       Commerce; commenting to the National Marine Fisheries Service on the final draft paper *U.S. Policy
                             Concerning Large Scale Pelagic Driftaets and Comments on the North Pacific Scientific Driftnet
                             Review Meeting Held in Sidney, British Columbia, on 11-13 June, 1991"; noting that the final draft
                             addresses concerns raised in previous Commission comments; and recommending certain changes to the
                             text regarding long-term marine resource management strategies.

             15 August       Commerce; scientific research permit, Elizabeth A. Mathews.

             15 August       Commerce; scientific research permit, Gerald L. Kooyman.

             16 August       Interior; commenting to the Office of Environmental Affairs on a draft "Report to Congress on the
                             Impact of Potential Crude-Oil Spins in the Arctic Ocean on Alaskan Natives"; noting, among other
                             things, that the report does not include all impact assessments requested by Congress, nor describe all
                             relevant provisions of the Marine Mammal Protection Act and the Endangered Species Act; and
                             recommending revisions to address the deficiencies.

             16 August       Commerce; commenting to the National Marine Fisheries Service on a proposed rule to implement
                             Amendment 3 to the Fishery Management Plan for Pelagic Fisheries of the Western Pacific Region;
                             noting that the proposed rule indicates changes may be made by the Regional Director in the size of the
                             protected species zone in the Northwestern Hawaiian Islands and other protected species conservation
                             measures; and recommending that (1) the protected species zone include waters out to 100 nautical
                             miles; (2) waters within 50 nautical miles and between the islands be established as a no-fishing zone as
                             presently proposed; and (3) waters between 50 and 100 nautical miles be subject to a notification
                             requirement to allow the Service an opportunity to place observers aboard some boats fishing in that
                             area.


             16 August       Commerce; commenting to the National Marine Fisheries Service on the effect on Hawaiian monk seals
                             of derelict lightsticks used in the pelagic longline fishery; noting that disposal at sea of such items is
                             expressly prohibited under U.S. law; and recommending further steps to investigate and prevent the
                             discarding of lightsticks by fishermen at sea.

             19 August       Commerce; scientific research permit, National Marine Fisheries Service.

             21 August       Commerce; commenting to the National Marine Fisheries Service on necropsy reports of one common
                             dolphin and one long-finned pilot whale; noting that the Commission is unable to judge the validity of
                             conclusions regarding the causes of death from the information provided; and recommending that the
                             Service ask if more complete medical histories are available, and if not, that record keeping, necropsy,
                             and reporting requirements be reviewed to ensure that necessary data for determining cause of death of
                             captive marine mammals are routinely compiled and reported.


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              21 August         Commerce; commenting to the National Marine Fisheries Service on a proposal to remove the eastern
                                North Pacific (California) gray whale stock from its List of Threatened and Endangered Species; and
                                recommending, among other things, that the Service (1) identify and assess present and foreseeable
                                threats to the gray whale stock; and (2) review all past biological opinions issued pursuant to section 7
                                of the Endangered Species Act that pertain to gray whales to determine how de-listing or down-listing
                                might affect implementation of any conservation measures contained therem.

              28 August         Commerce; commenting to the National Marine Fisheries Service on the collection and possibly lethal
                                taking of a harbor seal at Seal Island, Prince William Sound, Alaska, to retrieve a non-functioning
                                telemetry package; recommending that the collection be authorized only if reasonable efforts made to
                                recapture the animal alive prove unsuccessful; and finther recommending that the Service's Permit
                                Office consult the National Marine Mammal Laboratory to determine the most humane and effective
                                methods for attaching radio tags.

              31 August         Commerce; commenting to the National Marine Fisheries Service on proposed changes to the List of
                                Fisheries defining the level of incidental take of marine mammals and noting that, for certain fisheries,
                                there is poor documentary evidence of the rate of incidental take for fisheries placed in Category 1; and
                                recommending.that the Service should use the best available information when categorizing a fishery
                                whether or not the level of take has been documented.

              10 September      Interior; commenting to the Fish and Wildlife Service on the need to develop boat speed regulations to
                                protect manatees in the Lake Woodruff National Wildlife Refuge; noting that the Florida Governor and
                                Cabinet approved proposed boat speed regulations for Volusia County, including the Lake Woodruff
                                area but that these were being challenged and therefore delayed; and recommending that the Service
                                propose comparable boat speed regulations for the Refuge as quickly as possible.

              11 September      Commerce; scientific research permit, 11oma Ford, Jr.

              11 September      Interior; scientific research permit, Caribbean Aquatic Animal Health Department.

              16 September      Commerce; commenting to the National Marine Fisheries Service on the protection needs for humpback
                                whales in Hawaiian waters; forwarding a Commission-sponsored report on the conservation and
                                protection needs of humpback whales in Hawaii; and recommending that, when the Humpback Whale
                                Recovery Plan is completed, the Service immediately take steps to develop area-specific implementation
                                plans and consider the recommendations in the report when doing so.

              17 September      Commerce; public display permit, John G. Shedd Aquarium.

              17 September      Commerce; public display permit, Shelley L. Brandau, Milwaukee County Zoo.

              17 September      Interior; responding to a request that the Marine Mammal Commission review whether oil and gas
                                development in the Arctic National Wildlife Refuge would conflict with the need to protect the Beaufort
                                Sea polar bear population and U.S. obligations under the 1976 International Agreement on the
                                Conservation of Polar Bears; noting that (1) activities in the Refuge may have greater effects than in
                                other areas because of polar bear denning in the Refuge; (2) cumulative effects could adversely affect
                                polar bears throughout the Arctic; and (3) therefore, the U.S. could be in violation of the 1976
                                Agreement if it does not take proper action to resolve the uncertainties surrounding oil and gas
                                development in polar bear habitat; and recommending that the Service advise it as to, among other
                                things, what it is doing to identify important polar bear denning areas and how oil and gas development
                                might affect those areas and the bears that use them.

              20 September      Commerce; commenting further to the National Marine Fisheries Service on Amendment 3 to the
                                Fishery Management Plan for Pelagic Fisheries in the Western Pacific Region; noting that its response
                                to the Commission's 9 and 16 August 1991 letters did not address the recommendation regarding the
                                placement of observers aboard vessels fishing between 50 and 100 nautical miles of the Northwestern
                                Hawaiian Islands to document interactions between the fishery and the endangered Hawaiian monk seal;
                                and restating its recommendation that the Service do so.



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               20 September     Commerce; commenting to the National Marine Fisheries Service on Amendment 4 to the Fisheries
                                Management Plan for Pelagic Fisheries of the Western Pacific Region; and recommending that a
                                                                              -based longline fishery for pelagic fish species be adopted
                                proposed rule to limit entries into the Hawaii

               23 September     Commerce; commenting to the National Marine Fisheries Service on the draft proposed regime to
                                govern interactions between marine mammals and commercial fishing operations after October 1993;
                                                                                                                     or determining the
                                noting that, in some cases, the draft proposal does not adequately explain criteria f
                                allowable biological removal level or what would be done to address the take of marine mamm-als
                                whose carrying capacity has been reduced by overharvesting of prey species or other types of habitat
                                degradation; and recommending, among other things, that the proposal be expanded to (1) specify the
                                criteria, minimum data requirements, and procedures to be used to make qualitative judgments on
                                current population status relative to carrying capacity level; (2) indicate how human-caused changes 'in
                                marine mammal carrying capacity and take by harassment would be taken into account when determin-
                                ing allowable removal levels; and (3) describe the program that would be undertaken to reduce marine
                                maminal mortalities and injuries incidental to commercial fishing operations to as near zero as
                                practicable.

               23 September     Interior; commenting to the Minerals Management Service on the Alaska Regional Studies Plan for
                                Fiscal Years 1993-1994; and recommending certain additions and revisions with regard to Steller sea
                                lions, bowhead whales, and other endangered and threatened species.

               27 September     State of Florida; commenting to the Department of Natural Resources on proposed rules to protect
                                manatees by regulating vessel speed and access in Dade County; expressing concurrence with the
                                Department that vessel speed and access restrictions are the only way to effectively accommodate the
                                increasing number of power boats and manatees in State waterways; and recommending that the
                                Department, forward its proposal to the Governor and Cabinet with a request that it be adopted as soon
                                as possible.

               9 October        Commerce; modification of scientific research permit, Audrey Diane Kopec and James T. Harvey.

               10 October       Commerce; modification of scientific research permit, Salvatore Cercio.

               16 October       Interior; scientific research permit, Mote Marine Laboratory.

               .22 October      Commerce; scientific research permit, National Marine Mammal Laboratory.

               25 October       Commerce; scientific research permit, Marsha L. Green.

               25 October       Commerce; public display permit, Oregon Coast Aquarium.

               25 October       Commerce; commenting to the National Marine Fisheries Service on the export of dolphins caught in
                                U.S. waters; noting that (1) care and maintenance standards are made applicable to foreign facilities
                                only as a special condition of permits issued under the Marine Mammal Protection Act and (2) foreign
                                facilities are not subject to Animal and Plant Health Inspection Service inspections; recommending that
                                the Service review, among other things, (a) foreign facilities holding marine mammals obtained from
                                U.S. waters since the Marine Mammal Protection Act was enacted and (b) foreign goverrinient's
                                standards for inspecting public display facilities; and further recommending that no further permits be
                                issued to agents of facilities outside the United States until the reviews have been completed.

               I November       Commerce; commenting to the National Marine Fisheries Service on the status of the vaquita; noting,
                                among other things, that it is one of the rarest and most endangered of all cetaceans, and the primary
                                threat to its survival is entanglement in fishing gear, particularly gillnets used to catch totoaba, an
                                endangered species of fish found in the Gulf of California; and recommending that the Service, in
                                cooperation with the Fish and Wildlife Service, (1) coordinate efforts to develop a test to identify
                                imported processed. totoaba, and (2) establish a cooperative program with Mexico to enforce the
                                Mexican prohibition on totoaba fishing and the entry of totoaba into the United States.




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            I November    Interior; commenting to the Fish and Wildlife Service on the status of the vaquita, noting concerns
                          raised in the Commission's I November 1991 letter to the National Marine Fisheries Service, and
                          recommending that both Services work together to detect and eliminate illegal trade in endangered
                          totoaba to address conservation needs of both totoaba and vaquita.

            4 November    Commerce; commenting to the National Marine Fisheries Service on a proposed rule to designate the
                          coastal-migratory stock of bottlenose dolphins along the mid-Atlantic U.S. coast as depleted under the
                          Marine Mammal Protection Act; noting that the justification for listing was based on a number of
                          assumptions that would be difficult, if not impossible, to verify, and that there would be no quantifiable
                          or theoretical basis for judging when the population has recovered; and recommending that the final
                          rule address, among other things, how the Service will determine when the affected population is no
                          longer depleted.

            5 November    Commerce; public display permit, Boudewijnpark-Dolphinarium Brugge.

            5 November    Commerce; public display permit, New Jersey Academy for Aquatic Sciences.

            5 November    State of Florida; commenting to the Governor and other members of the Florida Cabinet on proposed
                          boat speed regulations in Dade County to protect manatees and recommending the regulations be
                          adopted.

            6 November    Commerce; scientific research permit, Marsha L. Green.

            8 November    Interior; commenting to the Fish and Wildlife Service on the Draft Southern Sea Otter Recovery Plan;
                          noting, among other things, that the draft plan does not adequately describe the full range of factors
                          threatening recovery of the southern sea otter population; and recommending that a revised draft of the
                          recovery plan be prepared and provided to the Commission and others for review and comment before
                          it is considered for adoption by the Service.

            8 November    Interior; commenting to the National Park Service on proposed regulations to allow commercial fishing
                          in non-wilderness portions of Glacier Bay National Park through 1997; noting that, in 1983, the Service
                          adopted regulations prohibiting commercial fishing in all national parks except where specifically
                          authorized by statute, and that eliminating fishing activities in Glacier Bay could benefit humpback
                          whales that utilize the park; and recommending that the Service reconsider the proposed regulations and
                          refram from final rulemaking until better information is provided regarding commercial fishing
                          activities that would be allowed.

            15 November   State of Florida; commenting to the Department of Natural Resources on proposed rules to regulate
                          vessel speeds to protect manatees in Citrus County; and recommending that the proposed rules be
                          modified and submitted to the Governor and other members of the Florida Cabinet for adoption.

            18 November   State; commenting to the Bureau of Oceans and International Environmental and Scientific Affairs on a
                          United Nations draft report to the Secretary General on large-scale driftnet fisheries; noting that the
                          report fails to identify all significant points raised in the United States' comments to the United Nations
                          on the issue of high seas driftnet fishing; and recommending that additional language be added to the
                          report to reflect ecosystem impacts of large-scale high seas driftnet fisheries.

            19 November   Interior; commenting to the Fish and Wildlife Service on developing boat speed regulations to protect
                          manatees in the Lake Woodruff National Wildlife Refuge; noting that the Service's reply to the
                          Commission's 17 October 1991 letter indicates an intent to prepare rules to create manatee protection
                          areas in the Refuge; and recommending that the Service (1) expedite review of its notice of intent to
                          propose rulemaking and (2) immediately begin developing proposed rules that include measures at least
                          as strong as the rules adopted by the Florida Governor and Cabinet for Volusia County.

            20 November   Commerce; commenting to the National Marine Fisheries Service on the Western Pacific Fishery
                          Management Council's report assessing the feasibility of real-time fishing satellite-linked radio vessel
                          tracking equipment; and recommending that the Service immediately review the report with a view
                          towards developing a strategy to require longline vessels and certain other vessels fishing off Hawaii


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                MARINE MAMMAL COMMISSION - Annual Report for 1991


                                  and elsewhere to carry such equipment at the earliest possible date to help ensure compliance with
                                  closures.

                21 November       Commerce; commenting to the National Marine Fisheries Service on a February 1991 workshop to
                                  develop guidelines for monitoring programs required to document site-specific impacts from offshore
                                  oil and gas exploration; reiterating the Commission's 5 August 1991 letter recommending a follow-up
                                  workshop to review the results of 1991 monitoring programs and to better identify how best to satisfy
                                  site-specific monitoring requirements; and requesting that the Service advise the Commission on its
                                  response to the Commission's recommendation.

                3 December        Commerce; scientific research permit, Grah-am A.I. Worthy.

                5 December        Commerce; commenting to the U.S. Commissioner to the International Whaling Commission on critical
                                  issues concerning the future of the International Whaling Commission; noting the intentions of some
                                  nations to resume commercial whaling under agreed IWC procedures and other issues bearing upon the
                                  anticipated move to resume commercial whaling and concluding, among other things, that: (1) the
                                  creation of a separate new pro-whaling organization is being contemplated by some nations and this
                                  would signal the end of the IWC as an international regulatory body and would not be in the best
                                  interests of whale conservation; (2) the conservation of whales %@oiiid be best accomplished by
                                  maintaining the IWC; and (3) the International Convention for the Regulation of Whaling should be
                                  revised to reflect modem principles of marine living resource conservation including non-consumptive
                                  uses of whales; recommending, among other things, that the National Oceanic and Atmospheric
                                  Administration, in consultation with appropriate Federal agencies and the environmental and scientific
                                  communities: (1) seek to renegotiate the International Whaling Convention; (2) adopt the position that
                                  non-consumptive values of whales may be of equal, if not of greater importance, than their consunip-
                                  tive values; (3) develop and present at the 1992 IWC meeting a proposal for implementing revisions to
                                  the IWC conservation program to bring it into conformance with the modem principles of living marine
                                  resource conservation that have developed in recent years; and (4) take such actions as may be
                                  necessary to encourage continued participation of member nations in the IWC; and further recommend-
                                  ing that the United States continue to oppose resumption of commercial whaling pending renegotiation
                                  of the Convention.

                6 December        Commerce; commenting to the National Marine Fisheries Service on Amendment 7 to the Lobster
                                  Fishery Management Plan for the Western Pacific Region; noting that the proposed amendment was
                                  needed to protect lobster stocks in the Northwestern Hawaiian Islands from further overfishing; and
                                  recommending that (1) the proposed actions be adopted and implemented promptly and (2) the Service                   5
                                  initiate formal consultations with the Fishery Management Council under section 7 of the Endangered
                                  Species Act to assess possible relationships between concurrent decline in monk seals and lobster stocks
                                  in the Northwestern Hawaiian Islands and the possible need to redefine the optimum yield of lobsters to
                                  account for monk seal recovery needs.

                13 December       Commerce; commenting to the National Marine Fisheries Service on the Marine Entanglement
                                  Research Program Plan for Fiscal Year 1992; and recommending that the Service take steps to
                                  implement the plan.

                17 December       Commerce; commenting to the National Marine Fisheries Service on research and management needs
                                  for Hawaiian monk seals in the Northwestern Hawaiian Islands; noting the need to address issues
                                  regarding interactions between monk seals and pelagic fisheries in the Northwestern Hawaiian I
                                                                                                                                       slands,
                                  further noting that monk seals leave their coastal habitat for long periods of time to forage and that
                                  there are no studies that define at-sea distribution of monk seals; and recommending that the Service
                                  immediately design a program of tagging monk seals with satellite-linked radio tags for implementation
                                  in 1992.

                17 December       Interior; scientific research permit, Donald B. Siniff.

                17 December       Commerce; scientific research permit, National Zoological Park, Smithsonian Institution.

                18 December       Commerce; public display permit, Cape Cod Aquarium.


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            20 December   Commerce; scientific research permit, Deborah Glockner-Ferrari and Mark J. Ferrari.

            20 December   Commerce; commenting to the National Marine Fisheries Service on Hawaiian monk seal research and
                          management needs; noting a need to shift program emphasis from population monitoring to restoration;
                          and recommending, among other things, that the Service (1) continue population monitoring studies this
                          coming field season subject to such modifications as may be possible to reduce costs and personnel
                          commitments; (2) implement a satellite-linked radio tagging program to gather data on monk seal
                          foraging and distribution; (3) re-examine observer programs for commercial fishing vessels operating in
                          monk seal habitat; (4) evaluate whether declines in monk seal and lobster populations are related and if
                          optimum yield levels for the lobster fishery should be reduced to promote monk seal recovery; (5)
                          expand the Monk Seal Recovery Team to include additional behavioral scientists, a physical oceanogra-
                          pher, and a representative of the Fish and Wildlife Service; (6) assemble background information and a
                          recommended approach to address the male mobbing problem for review by the Recovery Team; and
                          (7) coordinate interagency work to speed the repair and stabilization of Tern Island and other areas of
                          important monk seal habitat.

            20 December   Commerce; commenting to the National Marine Fisheries Service on its Revised Draft Proposed
                          Regime to Govern Incidental Taking of Marine Mammals in Commercial Fishing Operations after
                          October 1993; noting that the revised draft is less adequate than the previous draft; and recommending,
                          among other things, that the Service (1) revise the proposal to include the legislative language that it
                          will propose to establish the regime; (2) specify what is meant by the term 'sound principles of wildlife
                          management"; (3) redefine appropriate levels of allowable take; (4) consider the effect of habitat
                          degradation on marine mammal survival and productivity; (5) describe how it proposes to move toward
                          its goal of zero mortality; and (6) provide an estimate of funding required to implement proposed
                          programs.

            23 December   Interior; commenting to the Fish and Wildlife Service on research and management needs for walruses
                          in Alaska; forwarding a preliminary draft conservation plan for Pacific walrus; and recommending that
                          the Service circulate the preliminary draft plan to its walrus advisory team, use the plan and the team` s
                          comments as a basis for preparing a final draft plan; and circulate the final draft plan to the Commis-
                          sion and other agencies for review as soon as possible; and further recommending, among other things,
                          that the Service (1) immediately begin planning for another walrus census to be conducted as soon as
                          possible; (2) re-instate the Native harvest monitoring program suspended in 1990; (3) ensure to the
                          extent possible that Federal and State regulations to protect walrus haulouts in Bristol Bay are
                          comparable and effectively prevent disturbance by commercial fishermen; and (4) evaluate whether
                          bilateral agreements with the former Soviet Union might further the objectives of the walrus conserva-
                          tion plan.
























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                                                                         APPENDEK B


                                 REI'ORTS OF COAMMON-SPONSORED ACTIVITIES
                                                              AVAILABLE FROM THE
                              NATIONAL TECEMCAL INMRMATION SERVICE (NMI


               Ainley, D.G., H.R. Huber, R.P. Henderson, and T.J. Lewis.                Bishop, J.B. 1985. Summary report of gill and trammel net
                  1977. Studies of marine mammals at the Farallon Islands,                 (set-net) observations in the vicinity of Morro Bay, Califor-
                  California, 1970-1975. Final report for MMC contract                     nia, 1 November 1983 - 31 August 1994. Final report for
                  MM4AC002. NTIS PB-274 046. 42 pp. (A03)                                  MMC contract MM2629900-2. NTIS PB85-150076. 18
               Ainley, D.G., H.R. Huber, R.P. Henderson, T.J. Lewis, and                   pp. (AO2)
                  S.H. Morrell. 1977. Studies of marine mammals at the                  Bockstoce, J. 1978. A preliminary estimate of the reduction
                  Farallon Islands, Califorr-da, 1975-1976. Final report for               of the western Arctic bowhead whale (Balaena mysticelus)
                  MMC contract MM5AC020. NTIS PB-266 249. 32 pp.                           population by the pelagic whaling industry: 1948-1915.
                  (AO3)                                                                    Final report for MMC contract MM7AD111. N71S PB-286
               Ainley, D.G., H.R. Huber, S.H. Morrell, and R.R. LeValley.                  797. 32 pp. (A08)
                  1978. Studies of marine mammals at the Farallon Islands,              Brownell, R.L., Jr., C. Schoenwald, and R.R. Reeves. 1978.
                  California, 1976-1977. Final report for MMC contract                     Preliminary report on world catches-of marine mammals
                                           -286 603. 44 pp. (AO3)                               -1975. Final report for MMC contract MM6AC002.
                  MM6AC027. NTIS PB                                                        1966
               Allen, S.G. 1991. Harbor seal habitat restoration at Straw-                 NTIS PB-290 713. 353 pp. (A16)
                  berry Spit, San Francisco Bay. Final report for MMC                   Buckland, S.T., and K.L. Cattanach. 1990. Review of cur-
                  contract MM2910890-9. NTIS PB91-212332. 45 pp.                           rent population abundance estimates of small cetaceans in
                  (AO3)                                                                    the Black Sea. Final report for MMC contract T75133135.
               Allen, S.G., D.G. Ainley, and G.W. Page. 1980. Haul out                     NTIS PB91-137257. 7 pp. (AO2)
                  patterns of harbor seals in Bolinas Lagoon, California.               Chapman, D.G., L.L. Eberhardt, and J.R. Gilbert. 1977. A
                  Final report for MMC contract MM8AC012. NTIS PB80-                       review of marine mammal census methods. Final report for
                  176 910. 31 pp. (A03)                                                    MMC contract MM4AC014. NTIS PB-265 547. 55 pp.
               Anderson, D.M., and A.W. White. 1989. Toxic dinoflagel-                     (AG4)
                  lates and marine mammal mortality: Proceedings of an                  Contos, S.M. 1982. Workshop on marine mammal-fisheries
                  expert consultation held at Woods Hole Oceanographic                     interactions. Final report for MMC contract MM207934-
                  Institution. Final report for MMC contract T6810848-1.                   1-0. NTIS PB82-189 507. 64 pp. (AO4)
                  NTIS PB90-160755. 71 pp. (AO4)                                        Cornell, L.H., E.D. Asper, K.N. Osborn, and M.J. White, Jr.
               Baker, C.S., J.M. Straley, and A. Perry. 1990. Population                  .1979. Investigations on cryogenic marking procedures for
                  characteristics of humpback whales in southeastern Alaska:               marine mammals. Final report for MMC contract MM6A-
                  summer and late-season 1986. Final report for MMC                        C003. NTIS PB 291570. 24 pp. (A03)
                  contract MM3309822-5. NTIS P1390-252487. 23 pp.                       Dayton, P.K., B.D. Keller, and D.A. Ven Tresca. 1980.
                  (A03)                                                                    Studies of a nearshore community inhabited by sea otters.
               Balcomb, K.C., J.R. Boran, R.W. Osborne, and N.J. Haenel.                   Final report for MMC contracts MM6AC026 and MM13-
                  1990. Observations of killer whales (Orcinus orca) in great-             00702-9. NTIS PB81-109 860. 91 pp. (AO6)
                  er Puget Sound, State of Washington. Final report for                 DeBeer, J. 1980. Cooperative dedicated vessel research
                  MMC contract MM1300731-7. NTIS PBSO-224 728. 42 pp.                      program on the tuna-porpoise problem: overview and final
                  (AO3)                                                                    report. Final report for MMC contract MMSAC006.
               Bean, M.J. 1985. United States and international authorities                NTIS PBW150 097. 43 pp. (AO3)
                  applicable to entanglement of marine mammals and other                Dohl, T.P. 1981. Remote laser branding of marine mam-
                  organisms in lost or discarded fishing gear and other debris.            mals. Final report for MMC contract MM4AC01 1. NTIS
                  Final report for MMC contract MM2629994-7. NTIS                          PB81-213 449. 34 pp. (A03)
                  PB85-160471. 65 pp. (AO4)                                             Erickson, A.W. 1978. Population studies of killer whales
               Beddington, J.R., and H.A. Williams. 1980. The status and                   (Orcinus orca) in the Pacific Northwest: a radio-marking
                  management of the harp seal in the north-west Atlantic. A                and tracking study of killer whales. Final report for MMC
                  review and evaluation. Final report for MMC contract                     contract MM5AC012. NTIS PB-285 615. 34 pp. (AO3)
                  MM1301062-1. NTIS PB80-206 105. 127 pp. (AO7)                         Fay, F.H., H.M. Feder, and S.W. Stoker. 1977. An estima-
               Bengtson, J.L. 1979. Review of information regarding the                    tion of the impact of the Pacific walrus population on its
                  conservation of living resources of the Antarctic marine                 food resources in the Bering Sea. Final report for MMC
                  ecosystem. Final report for MMC contract MM8AD05/5.                      contracts MM4AC006 and MM5AC024. NTIS PB-273
                  NTIS PB-289 496. 148 pp. (A08)                                           505. 38 pp. (AO3)




                  Price codes for printed reports (including postage) are shown m parentheses at the end of each citation. TU key to the codes and order
                  information can be found at the end of Appendix B.


                                                                                  213






                    MARINE MAMMAL COMMISSION - Amual Report for 1991


                    Fay, F.H., B.P. Kelly, and B.A. Fay (eds). 1990. The ecolo-             Gold, J. 1981. Marine mammals: a selected bibliography.
                       gy and management of walrus populations - report of an                  Final report for MMC contract MM18OM4-3. NTIS PB
                       international workshop. Final report for MMC contract                   82-104 282. 91 pp. (AO5)
                       T 68108850. NTIS PB91-100479. 199 pp. (A09)                          Gonsalves, J.T. 1977. Improved method and device to prevent
                    Forestell, P.H. 1989. Assessment and verification of abun-                 porpoise mortality: application of polyvinyl panels to purse
                       dance estimates, seasonal trends, and population charac-                seine nets. Final report for MMC contract MM6AC007.
                       teristics of the humpback whale in Hawaii. Final report for             NTIS PB-274 088. 28 pp. (AO3)
                       MMC contract MM2911014-6. NTIS PB90-190273. 74                       Goodman, D. 1978. Management implications of the mathe-
                       pp. (AO4)                                                               matical demography of long lived animals. Final report for
                    Foster, M.A. 1981. Identification of ongoing and planned                   MMC contract MMSAD008. NTIS PB-289 678. 80 pp.
                       fisheries in the Northwestern Hawaiian Islands. Final                   (AO5)
                       report for MMC contract MM1801069-7. NTIS PB81-207                   Green, K.A. 1977. Antarctic marine ecosystem modeling
                       516. 90pp. (AO5)                                                        revised Ross Sea model, general Southern Ocean budget,
                    Foster, M.S., C.R. Agegian, R.K. Cowen, R.F. Van                           and seal model. Final report for MMC contract
                       Wagenen, D.K. Rose, and A.C. Hurley. 1979. Toward an                    MM6AC032. NTIS PB-270 375. 111 pp. (AO6)
                       understanding of the effects of sea otter foraging on kelp           Green-Hammond, K.A. 1980. Fisheries management under
                       forest communities in central California. Final report for              the Fishery Conservation and Management Act, the Marine
                       MMC contract MM7AC023. NTIS PB-293 891. 60 pp.                          Mammal Protection Act, and the Endangered Species Act.
                       (AO4)                                                                   Final report for MMC contract MM1300885-3. NTIS
                    Fowler, C.W., W.T. Bunderson, M.B. Cherry, R.J. Ryel, and                  PB80-180 599. 186 pp. (AO9)
                       B.B. Steele. 1980. Comparative population dynamics of                Green-Hammond, K.A. 1981. Requirements for effective
                       large mammals: a search for management criteria. Final                  implementation of the Convention on the Conservation of
                       report for MMC contract MM7AC013. NTIS PB80-178                         Antarctic Marine Living Resources. Final report for MMC
                       627. 330 pp. (A15)                                                      contract MM2079173-9. NTIS PB82-123 571. 36 pp.
                    Fowler, C.W., R.J. Ryel, and L.J. Nelson, 1982. Sperm                      (AO3)
                       whale population analysis. Final report for MMC contract             Green-Hammond, K.A. 1982. Environmental aspects of
                       MM8AC009. NTIS PB82-174 335. 35 pp. (AO3)                               potential petroleum exploration and exploitation in Ant-
                    Fox, W.W., Jr., and Other Concerned Scientists. 1990.                      arctica: forecasting and evaluating risks. Final report for
                       Statement of concerned scientists on the reauthorization of             MMC contract MM2079173-9. NTIS PB82-169 772. 28
                       the Magnuson Fishery Conservation and Management Act.                   pp. (AO3)
                       NTIS PB91-127647. 6 pp. (AO2)                                        Green-Hammond, K.A., D.G. Ainley, D.B. Siniff, and N.S.
                    Freeman. J., and H. Quintero. 1990. 'Me distribution of                    Urquhart. 1983. Selection criteria and monitoring require-
                       West Indian manatees (Trichechus manalus) in Puerto Rico:               ments for indirect indicators of changes in the availability
                       1988-1989. Final report for MMC contract T5360348-3.                    of Antarctic krill applied to some pinniped and seabird
                       NTIS PB 91-137240. 42 pp. (A03)                                         information. Final report for MMC contract
                    Gaines, S.E., and D. Schmidt. 1978. Laws and treaties of                   MM2324753-6. NTIS PB83-263 293. 37 pp. (AO3)
                       the United States relevant to marine marnmal protection              Hatfield, B.B. 1991. Summary report of observations of
                       policy. Final report for MMC contract MM5AC029. NTIS                    coastal gill and trammel net fisheries in central California -
                       PB-281 024. 668 pp. (A99)                                               October 1, 1984 - March 31, 1985. Final report for MMC
                    Gard, R. 1978. Aerial census, behavior, and population                     contract MM2910891-2. NTIS PB91-191908. 22 pp.
                       dynamics study of gray whales in Mexico during the                      (A03)
                       1974-75 calving and mating season. Final report for MMC              Henernan, B., and Center for Environmental Education. 1988.
                       contract MM5AC006. NTIS PB-274 295. IS pp. (AO2)                        Persistent marine debris in the North Sea, northwest Atlan-
                    Gard, R. 1978. Aerial census and population dynamics study                 tic Ocean, wider Caribbean area, and the west coast of Baja
                       of gray whales in Baja California during the 1976 calving               California. Final report for MMC contract MM3309598-5.
                       and mating season. Final report for MMC contract                        NTIS PB89-109938. 161 pp. (AO8)
                       MM6AC014. NTIS PB-275 297. 20 pp. (AO3)                              Henry, M.E. 1987. Observations of gill and trammel net
                    Ger-aci, J.R., and D.J. St. Aubin. 1979. Biology of marine                 fishing activity between Pt. Buchon and Pt. Sur, California,
                       mammals: insights through strandings. Final report for                  June-October 1985. Final report for MMC contract
                       MMC contract MM7AC020. NTIS PB-293 890. 343 pp.                         MM3309511-8. NTIS PB87-184024. 32 pp. (AO3)
                       (A16)                                                                Herman, L.M., P.H. Forestell, and R.C. Antinoja. 1980.
                    Geraci, J.R., S.A. Testaverde, D.J. St. Aubin, and T.H.                    The 1976/77 migration of humpback whales into Hawaiian
                       Loop. 1978. A mass stranding of the Atlantic white sided                waters: composite description. Final report for MMC
                       dolphin, Lagenorhynchus acutus: a study into pathobiology               contracts MM7AC014 and MM1300907-2. NTIS PB80-162
                       and life history. Final report for MMC contract                         332. 55 pp. (A04)
                       MM5AC008. NTIS PB-289 361. 141 pp. (AO8)                             Hofman, R.J. (ed). 1979. A workshop to identify new re-
                    Gerrodette, T. 1983. Review of the California sea otter                    search that might contribute to the solution of the
                       salvage program. Final report for MMC contract                          tuna-porpoise problem. Proceedings of a Marine Mammal
                       MM2629677-5. NTIS PB83-262 949. 23 pp. (AO3)                            Commission-sponsored workshop held on 8-9 December
                    Gilbert, J.R., V.R. Schurman, and D.T. Richardson. 1979.                   1975 at the University of California, Santa Cruz. NTIS
                       Gray seals in New England: present status and manage-                   P13-290 158. 17 pp. (AO2)
                       ment alternatives. Final report for MMC contract                     Hofman, R.J. 1982. Identification and assessment of possible
                       MM7AC002. NTIS PB-295 599. 40 pp. (AO3)                                 alternative methods for catching yellowfin tuna. NTIS
                    Glockner-Ferrari, D.A., and M.J. Ferrari. 1985. Individual                 PB83-138 993. 243 pp. (All)
                       identification, behavior, reproduction, and distribution of          Hofman, R.J. (ed). 1985. Workshop to assess methods for
                       humpback whales, Megaptera novaeanghae, in Hawaii.                      regulating the distribution and movements of sea otters.
                       Final report for MMC contract MM262975-5. NTIS                          Report of a Marine Mammal Commission-sponsored work-
                       PB85-200772. 41 pp. (AO3)

                                                                                      214





                                                                                     Appendix B - Reports of Commission-Sponsored Activities


                 shop held 25-26 October 1984 in San Francisco, California.                MMC contract MM1533791-7. NTIS PB81-171 357. 31
                 NTIS PB85-229250. 39 pp. (A03)                                            pp. (A03)
              Huber, H.R., D.G. Ainley, R.J. Boekelheide, R.P. Hender-                 Katona, S.K. 1983. The Gulf of Maine whale sighting net-
                 son, and B. Bainbridge. 1981. Studies of marine mammals                   work: 1976. Final report for MMC contract MM6AC018.
                 at the Farallon Islands, California, 1979-1980. Final report              NTIS P1383-151290. 32 pp. (AO3)
                 for MMC contract MM1533599-3. NTIS PB81-167 082. 51                   Katona, S.K., and S. Kraus. 1979. Photographic identifica-
                 pp. (AO4)                                                                 tion of individual humpback whales (Megaptera novae-
              Huber, H.R., D.G. Ainley, S.H. Morrell, R.J. Boekelheide,                    angliae): evaluation and analysis of the technique. Final
                 and R.P. Henderson. 1980. Studies of marine mammals at                    report for MMC contract MM7AC015. N71S PB-298 740.
                 the Farallon Islands, California, 1978-1979. Final report                 29 pp. (AO3)
                 for MMC contract MM1300888-2. NTIS PB80-178 197.                      Kooyman, G.L. 1982. Development and testing of a
                 46 pp. (AO4)                                                              time-depth recorder for marine mammals. Final report for
              Huber, H.R., D.G. Ainley, S.H. Morrell, R.R. LeVallcy, and                   MMC contract MM6AC019. NTIS PB82-257 932. 10 pp.
                 C.S. Strong. 1979. Studies of marine mammals at the                       (AO2)
                 Farallon Islands, California, 1977-1978. Final report for             Kraus, S.D. 1986. A review of the status of right whales
                 MMC contract MM7AC025. NTIS PB-111 602. 50 pp.                            (Eubalaena glacialis) in the western North Atlantic with a
                 (AO4)                                                                     summary of research and management needs. Final report
              Hui, C.A. 1978. Reliability of using dentin layers for age                   for MMC contract MM2910905-0. NTIS PB86-154 143.
                 determination in Tursiops truncatus. Final report for MMC                 61 pp. (A04)
                 contract MM7AC021. NTIS PB-288 444. 25 pp. (AO3)                      Kraus, S.D., and R.D. Kenney. 1991. Information on right
              Irvine, A.B., M.D. Scott, R.S. Wells, J.H. Kaufmann, and                     whales (EubaZaena glaciahs) in three proposed critical
                 W.E. Evans. 1979. A study of the activities and move-                     habitats in United States waters off the western North At-
                 ments of the Atlantic bottlenosed dolphin, Tursiops trun-                 lantic Ocean. Final report for MMC contracts 175133740
                 catus, including an evaluation of tagging techniques. Final               and 75133753. NTIS PB91-194431. 71 pp. (AO4)
                 report for MMC contracts MM4AC004 and MM5AC018.                       Lefebvre, L.W., and J.A. Powell. 1990. Manatee grazing
                 NTIS PB-298 042. 54 pp. (AO4)                                             impacts on seagrasses in Hobe Sound and Jupiter Sound in
              Jameson, G.L. 1986. Trial systematic salvage of beach-cast                   southeast Florida during the winter of 19118-89. Final
                 sea otter, Enhydra haris, carcasses in the central and south-             report for MMC contracts T62239152, T68108782. NTIS
                 ern portion of the sea otter range in California: one year                PB90-271883. 39 pp. (A03)
                 summary of results: October 1983-September 1984. Final                Lentfer, J.W. (ed). 1988. Selected marine mammals of Alas-
                 report for MMC contract MM2629849-8. N71S                                 ka: species accounts with research and management recom-
                 PB87-108289. 60 pp. (AO4)                                                 mendations. Final report for MMC contract
              Jeffiries, S.J. 1986. Seasonal movement and population trends                MM2910798-4. NTIS PB88-178462. 275 pp. (AO13)
                 of harbor seals in the Columbia River and adjacent waters             Lentfer, J.W. 1990. Workshop on measures to assess and
                 of Washington and Oregon, 1976-1982. Final report for                     mitigate the adverse effects of arctic oil and gas activities
                 MMC contract MM2079357-5. NTIS PB86-200 243. 41                           on polar bears. Final report. NTIS PB91-127241. 43 pp.
                 pp. (A03)                                                                 (AO3)
              Jeffries, S.J., and M.L. Johnson. 1990. Population status and            Loughlin, T. 1978. A telemetric and tagging study of sea otter
                 condition of the harbor seal, Phoca viruhna richardsi, in the             activities near Monterey, California. Final report for MMC
                 waters of the State of Washington: 1975-1980. Final                       contract MM6AC024. NTIS PB-289 682. 64 pp. (AO4)
                 report for MMC contract MM7AC030. NTIS PB90-                          Marine Mammal Commission. 1974. Annual report of the
                 219197. 76 pp. (AO5)                                                      Marine Mammal Commission, calendar year 1973. Report
              Johnson, B.W., and P.A. Johnson. 1978. The Hawaiian                          to Congress. NTIS PB-269 708. 14 pp. (AO3)
                 monk seal on Laysan Island: 1977. Final report for MMC                Marine Mammal Commission. 1975. Annual report of the
                 contract MM7AC009. NTIS PB-285 428. 38 pp. (AO3)                          Marine Mammal Commission, calendar year 1974. Report
              Johnson, B.W., and P.A. Johnson. 1991. Estimating the                        to Congress. NTIS PB-269 710. 27 pp. (AO4)
                 Hawaiian monk seal population on Laysan Island. Final                 Marine Mammal Commission. 1976. Annual report of the
                 report for MMC contract MM1533701-4. NTIS PB82-106                        Marine Mammal Commission, calendar year 1975. Report
                 113. 29 pp. (AO5)                                                         to Congress. NTIS PB 269-711. 50 pp. (A04)
              Johnson, BW., and P.A. Johnson. 1981. The Hawaiian                       Marine Mammal Commission. 1977. Annual report of the
                 monk seal on Laysan Island: 1978. Final report for MMC                    Marine Mammal Commission, calendar year 1976. Report
                 contract MMSAC008. NTIS PB82-109 661. 17 pp. (AO2)                        to Congress. NTIS PB-269 713. 71 pp. (A06)
              Johnson, M.L., and S.J. Jeffries. 1977. Population evaluation            Marine Mammal Commission. 197@. Annual report of the
                 of the harbor seal (Phoca vituhna richardt) in the waters of              Marine Mammal Commission, calendar year 1977. Report
                 the State of Washington. Final report for MMC contract                    to Congress. NTIS PB-281 564. 101 pp. (AO6)
                 MM5AC019. NTIS PB-270 376. 27 pp. (AO3)                               Marine Mammal Commission. 1979. Annual report of the
              Johnson, M.L., and S.J. Jeffries. 1983. Population biology                   Marine Mammal Commission, calendar year 1978. Report
                 of the harbor seal (Phoca vilufina richardsi) in the waters of            to Congress. NTIS PB-106 784. 108 pp. (AO6)
                 the State of Washington: 1976-1977. Final report for                  Marine Mammal Commission. 1980. Humpback whales in
                 MMC contract MM6AC025. NTIS PB83-159 715. 53 pp.                          Glacier Bay National Monument, Alaska. Final report for
                 (AO4)                                                                     an interagency review meeting. NTIS PB80-141 559. 44
              Jones, M.L., and S.L. Swartz. 1986. Demography and phe-                      pp. (AO3)
                 nology of gray whales and evaluation of human activities in           Marine Mammal Commission. 1981. Annual report of the
                 Laguna San Ignacio, Baja California Sur, Mexico,                          Marine Mammal Commission, calendar year 1979. Report
                 1978-1982. Final report for MMC contract MM2324713-8.                     to Congress. N71S PB81-247 892. 100 pp. (AO6)
                 NTIS PE86-219 078. 69 pp. (AO5)                                       Marine Mammal Commission. 1981. Annual report of the
              Kasuya, T., and Y. Izumizawa. 1981. The fishery-dolphin                      Marine Mammal Commission, calendar year 1980. Report
                 conflict in the lki Island area of Japan. Final report for                to Congress. NTIS PB81-247 894. 114 pp. (AO6)

                                                                                  215





                     MARINE MAMMAL COMMISSION - Annual Report for 1991


                     Marine Mammal Commission. 1982. Annual report of the                     Medway,W. 1983. Evaluation of the safety and usefulness of
                        Marine Mammal Commission, calendar year 1981. Report                     techniques and equipment used to obtain biopsies from
                        to Congress. NTIS PB82-221 425. 102 pp. (AO6)                            free-swimming ceuccans. Final report for MMC contract
                     Marine Mammal Commission. 1982. Report of a meeting to                      MM2324809-8. NTIS PB83-263 269. 14 pp. (AO2)
                        review on-going and planned research concerning humpback              Miller, L.K. 1978. Energetics of the northern fur seal in
                        whales in Glacier Bay and surrounding waters in southeast                relation to climate and food resources of the Bering Sea.
                        Alaska. Final report of an interagency meeting. NTIS                     Final report for MMC contract MM5AC025. NTIS PB-275
                        PB82-201 039. 20 pp. (A02)                                               296. 27 pp. (AO3)
                     Marine Mammal Commission. 1983. Annual report of the                     Montgomery, S. 1986. Workshop on measures to address
                        Marine Mammal Commission, calendar year 1982. Report                     marine mammal/fisheries interactions in California. Final
                        to Congress. NTIS PB84-132 216. 106 pp. (AO6)                            report for MMC contract MM3309746-2. NTIS PB8&219
                     Marine Mammal Commission. 1984. Annual report of the                        060. 123 pp. (AO7)
                        Marine Mammal Commission, calendar year 1983. Report                  Montgomery, S. 1987. Report on the 24-27 February 1987
                        to Congress. NTIS PB84-199 389. 118 pp. (AO6)                            workshop to assess possible systems for tracking large
                     Marine Mammal Commission. 1986. Habitat protection needs                    cetaceans. Final report for MMC contract MM4465764-2.
                        for the subpopulation of West Indian manatees in the Crys-               NTIS PB87-182135. 61 pp. (AO4)
                        tal River area of northwest Florida. NTIS PB86-200 250.               Nolan, R.S. 1981. Shark control and the Hawaiian morm
                        46 pp. (AO4)                                                             seal. Final report for MMC contract MM1801065-5. N71S
                     Marine Mammal Commission. 1986. Annual report of the                        P1381-201808. 45 pp. (AO3)
                        Marine Mammal Commission, calendar year 1985. Report                  Norris, K.S., and J.D. Hall. 1979. Development of tech-
                        to Congress. NTIS PB86-216 249. 180 pp. (A09)                            niques for estimating trophic impact of marine mammals.
                     Marine Mammal Commission. 1987. Annual report of the                        Final report for MMC contract MM4AC013. NTIS PB-290
                        Marine Mammal Commission, calendar year 1984. Report                     399. 16 pp. (AO2)
                        to Congress. NTIS PB87-209573. 173 pp. (A09)                          Norris, K.S., and R.R. Reeves (eds). 1978. Report on a
                     Marine Mammal Commission. 1987. Annual report of the                        workshop on problems related to humpback whales (Megap-
                        Marine Mammal Commission, calendar year 1986. Report                     lera novaeangliae) in Hawaii. Final report for MMC con-
                        to Congress. NTIS PB97-154092. 193 pp. (AO9)                             tract MM7AC018. NTIS PB-280 794. 90 pp. (AO5)
                     Marine Mammal Commission. 1989. Annual report of the                     Norris, K.S., W.E. Stuntz, and W. Rogers. 1978. The be-
                        Marine Mammal Commission, calendar year 1987. Report                     havior of porpoises in the eastern tropical Pacific yellowfin
                        to Congress. NTIS P1388-168984. 209 pp. (A10)                            tuna fishery: preliminary studies. Final report for MMC
                     Marine Mammal Commission. 1989. Preliminary assessment                      contract MM6AC022. NTIS PB-283 970. 86 pp. (AO5)
                        of habitat protection needs for West Indian manatees on the           Odell, D.K. 1979. A preliminary study of the ecology and
                        east coast of Florida and Georgia. Final report for MMC                  population biology of the bottlenose dolphin in southeast
                        contracts T6223950-5, T6223954-7, T6223970-9, and                        Florida. Final report for MMC contract MM4AC003.
                        T6224008-6. NTIS PB89-162 002. 120 pp. (AO6)                             NTIS PB-294 336. 26 pp. (A03)
                     Marine Mammal Commission. 1989. Annual report of the                     Odell, D.K., and J.E. Reynolds, 111. 1980. Abundance of the
                        Marine Mammal Commission, calendar year 1988. Report                     bottlenose dolphin, Tursiops truncatus, on the west coast of
                        to Congress. NTIS PB89-166 524. 237 pp. (All)                            Florida. Final report for MMC contract MM5AC026.
                     Marine Mammal Commission. 1990. Annual report of the                        N77S PB-80-197 650. 47 pp. (AO4)
                        Marine Mammal Commission, calendar year 1989. Report                  Odell, D.K., D.B. Siniff, and G.H. Waring. 1979. Tursiops
                        to Congress. NTIS P1390-196361. 239 pp. (All)                            truncatus assessment workshop. Final report for MMC
                     Marine Mammal Commission. 1991. Annual report of the                        contract MM5AC021. NTIS PB-291 161. 141 pp. (A04)
                        Marine Mammal Commission, calendar year 1990. Report                  Packard, J.M. 1982. Potential methods for influencing the
                        to Congress. NTIS PB91-164236. 280 pp. (A13)                             movements and distribution of sea otters: assessment of
                     Marmontel, M., T.J. O'Shea, and S.R. Humphrey. 1990. An                     research needs. Final report for MMC contract
                        evaluation of bone growth-layer counts as an age-determi-                MM2079342-3. N71S PB83-109 926. 51 pp. (AO4)
                        nation technique in Florida manatees. Final report for                Payne, R., 0. Brazier, E. Dorsey, J. Perkins, V. Rowntree,
                        MMC contract T6223918-1. NTIS PB91-103564. 104 pp.                       and A. Titus. 1981. External features in southern right
                        (AO6)                                                                    whales (Eubalaena australis) and their use in identifying
                     Mate, B.R. 1977. Aerial censusing of pinnipeds in the east-                 individuals. Final report for MMC contract MM6AC017.
                        ern Pacific for assessment of population numbers, migratory              N77S PB81-161 093. 77 pp. (AO5)
                        distributions, rookery stability, breeding effort, and recruit-       Pitcher, K.W. 1977. Population productivity and food habits
                        ment. Final report for MMC contract MMSAC001. NTIS                       of harbor seals in the Prince )William Sound-Copper River
                        PB-265 859. 67 pp. (AO4)                                                 Delta area, Alaska. Final report for MMC contract
                     Mate, B.R. 1980. Workshop on marine mammal-fisheries                        MM5AC0l 1. NTIS PB-266 935. 36 pp. (AO3)
                        interactions in the northeastern Pacific. Final report for            Pitcher, K.W. 1989. Harbor seal trend count surveys in
                        (AO4)                                                                    southern Alaska, 1988. Final report for MMC contract
                     Mathiesen, O.A. 1980. Methods for the estimation of krill                   MM4465853-1. NTIS PB90-209828. -19 pp. (AO3)
                        abundance in the Antarctic. Final report for MMC contract             Prescott, J.H., and P.M. Fiorelli. 1980. Review of the har-
                        MM7AC032. NTIS PBSO-175 151. 26 pp. (AO3)                                bor porpoise (Phocoena phocoena) in the U.S. northwest
                     Matkin, C.O., and F.H. Fay. 1980. Marine mammal-fishery                     Atlantic. Final report for MMC contract MM8AC016.
                        interactions on the Copper River and in Prince William                   NTIS PB80-176 928. 64 pp. (A04)
                        Sound, Alaska, 1978. Final report for MMC contract                    Prescott, J.H., P. Morelli, G. Early, and P.J. Boyle. 1990.
                        MM8AC013. NTIS PB80-159 536. 71 pp. (AO5)                                Marine mammal strandings: the New England Aquarium
                     Mayo, C.A. 1982. Observations of cetaceans: Cape Cod                        Stranding Network. Final report for MMC contract
                        Bay and southern Stellwagen Bank, Massachusetts                          MM6AC015. NTIS PB 90-259177. 128 pp. (AO7)
                        1975-1979. Final report for MMC contract MM1800925-5.                 Prescott, J.H., S.D. Kraus, and J.R. Gilbert. 1980. Eas!t
                        NTIS PB82-186 263. 68 pp. (AO5)                                          Coast/Gulf Coast cetacean and pinniped workshop. Final

                                                                                         216


0




                                                                                    Appendix B - Reports of Commission-Sponsored Activities


                   report for MMC contract MM1533558-2. NTIS PB80-160                     MMC contract MM6AC028. NTIS PB-283 393. 130 pp.
                   104. 142 pp. (8AO7)                                                     (4AO7)
               Ray, G.C., R.V. Salm, and J.A. Dobbin. 1979. Systems                    Silber, G.K., R.S. Wells, and K.S. Norris. 1990. A prelimi-
                   analysis mapping: an approach towards identitring critical             nary assessment of techniues for catching and radio-tag-
                   habitats of marine mammals. Final report for MMC con-                  ging harbor porpoises. Final report for MMC contract
                   tract MM6ACOI I. NTIS PB80-111 594. 27 pp. (4AO3)                       MM33098157. NTIS PB90-239609. 34 pp. (8AO3)
               Reeves, R.R. 1977. Exploitation of harp and hooded seals in             Smith, T.D., and T. Polacheck. 1979. Uncertainty in esti-'
                   the western North Atlantic. Final report for MMC contract              mating historical abundance of porpoise populations. Final
                   MM6AD055. NTIS PB-270 186. 57 pp. (2AO4)                                report for MMC contract MM7AC006. NTIS PB-296 476.
               Reeves, R.R. 1977. The roblem of gray whale (Eschrichtius                  59 pp. (6AO4)
                                           p
                   robustus) harassment: at the breeding lagoons and during            Stoker, S.W. 1977. Report on a subtidal commercial clam
                   migration. Final report for MMC contract MM6AC021.                     fishery proposed for the Bering Sea. Final report for MMC
                   NTIS PB-272 506 (Spanish translation PB-291 763). 60 pp.               contract MM7AD076. NTIS PB-269 712. 33 pp. (A03)
                   (4AO4)                                                               Stuntz, W.E. 1980. Preliminary investigations of the possible
               Reynolds, J.E., 111. 1986. Evaluation of the nature and mag-               relationship between passive behavior by spotte8A dolphins,
                         of interactions between bottlenose dolphins, Tursiops            SteneMa attenuata, and capture stress. Final report for
                   truncatus, and fisheries and other human activities in the             MMC contract MM7AC027. NTIS PB81-111 569. 13 pp.
                                                                      ina rcpo
                   coastal areas of the southeastern United States. F I          rt       (A02)
                   for MMC contract MM2910892-5. NTIS PB86-162203.                     Swartz, S.L. 1997. A review of the status of gray whales
                   38 pp. (4AO3)                                                           (Eschrichtius robustus) with a summary of research and
               Reynolds, J.E., III, and C.J. Gluckman. 1988. Protection of                management needs. Proceedings of a Marine Mammal
                   West Indian manatees (Trichechus manatus) in Florida.                  Commission sponsored workshop held on 16-18 October
                   Final report for MMC contract MM4465868-3 and                          1995 in Monterey, California. Final report for MMC
                   MM3309741-7. NTIS PB88-222922. 103 pp. (AO6)                           contract MM29110984. NTIS PB87-125035. 30 pp.
               Ridgway, S.H., and K. Benirschke (eds). 1977. Breeding                     (2AO3)
                   dolphins: present status, suggestions for the future. Final         Swartz, S.L., and W.C. Cummings. 1978. Gray whales,
                   report for MMC contract MM6AC009. NTIS PB-273 673.                     2Eschrichtius robastus, in Laguna San Ignacio, Baja Califor-
                   308 pp. (0A14)                                                          nia, Mexico. Final report for MMC contract MM7AC008.
               Rid,
                   gway, S.H., and W.F. Flanigan, Jr. 1981. An investiga-                 NTIS PB-276 319 (Spanish translation PB-288 636). 38 pp.
                   tion of a potential method for the humane taking of certain            (A03) (6AO4 Spanish)
                   whales and seals used for food. Final report for MMC                Swartz, S.L., and R.J. Hof2man. 1991. Marine mammal and
                   contract MM6AC030. NTIS PB81-161 101. 12 pp. (AO2)                     habitat monitoring: reuirements; principles; needs; and
               Risebrough, R.W. 1978. Pollutants in marine mammals: a                     approaches. NTIS PB91-215046. 18 pp. (4AO3)
                   literature review and recommendations for research. Final           Swartz, S.L., and 2M.L. Jones. 1978. The evaluation of
                   report for MMC contract MM7A2D035. NTIS PB-290 729.                     human activities on gray whales, 8achrichlius robuslus, in
                   64 pp- (2AO4)                                                           Laguna San Ignacio, Baja California, Mexico. Final report
               Risebrough, R.W. 1989. Accumulation patterns of heavy                      for MMC contract MM8AC005. NTIS P13-289 737 (Span-
                   metals and chlorinated hydrocarbons by sea otters, Enhydra             ish translation PB-299 598). 34 pp. (8AO3)
                   hwis, in California. Final report for MMC contract                  Swartz, S.L., and M.L. Jones. 1980. Gray whales, E-Sch-
                   MM2910790-0. NTIS PB89-230551. 51 pp. (2AO4)                            richtius robustus, during the 1977-1978 and 1978-1979
               Risebrough, R.W., D. Alcorn, S.G. Allen, V.C. Anderlini, L.                winter seasons in Laguna San Ignacio, Baja California Sur,
                   Booren, R.L. DeLong, L.E. Fancher, R.E. Jones, S.M.                    Mexico. Final report for MMC contract M4MI533497-8.
                   McGinnis, and T.T. Schmidt. 1980. Population biology of                NTIS PB80-202 989. 35pp. (8AO3)
                   harbor seals in San Francisco Bay, California. Final report         Swartz, S.L., and M.L. Jones. 1981. Demographic studies
                   for MMC contract MM6AC006. NTIS PB81-107 963. 67                       and habitat assessment of gray whales, Eschrichtius robus-
                   pp. (4AO4)                                                              tus, in Laguna San Ignacio, Baja California Sur, Mexico.
               Sawyer-Steffan, J.E., and V.L. Kirby. 1980. A study of                     Final report for MMC contract MM2079219-4. NTIS
                   serum steroid hormone levels in captive female bottlenose              PB82-123 373. 56 pp. (AO4)
                   dolphins, their correlation with reproductive status, and           Swartzman, G.L. 1994. Factors bearing on the present status
                   their application to ovulation induction in captivity. Final           and future of the eastern Bering Sea fur seal population
                   report for MMC contract MM7AC016. NTIS PBSO-177                        with special emphasis on the effect of terminating the sub-
                   199. 21 pp. (8AO3)                                                      adult male harvest on St. Paul Island. Final report for
               Shmidly, D.J., and S.H. Shane. 1978. A biological assess-                 MMC contract MM2629737-6. NTIS PB84-172 329. 77
                   ment of the cetacean fauna of the Texas coast. Final report            pp. (2AO5)
                   for MMC contract MM4AC008. NTIS PB-281 763. 38                      Swartzman, G., and R. Haar. 1990. Exploring interactions
                   pp. (4AO3)                                                              between fur seal populations and fisheries in the Bering
               Scott, G.P., and H.E. Winn. 1980. Comparative evaluation                   Sea. Final report for MMC contract MMI800969-5. NTIS
                   of aerial and shipboard sampling techniues for estimating             PB81-133688. 60 pp. (AO4)
                   the abundance of humpback whales (Mega08plera novae-                  Swartzman, G.L., and R.J. Hof16man. 1991. Uncertainties and
                   angl8iae). Final report for MMC contract MM7AC029.                      research needs regarding the Bering Sea and Antarctic
                   NTIS PBSI-109 852. 96 pp. 0(12A2O66)                                        marine ecosystems. Final report for MMC contracts
               Shallenberger, E.W. 1981. The status of Hawaiian 6m2uceans.                  27875133669 and T75134820. N2787S PB91-201731. Ill pp.
                   Final report for MMC contract MM27AC0288- NTIS                           2(08A4O68)
                   PB82-109 398. 79 pp. 2(A4O52)                                          Taylor, L.R. and G. Na6f6tel. 1978. Preliminary investigations
               Shane, S.H., and D.J. Schmid8ly. 1978. The population                       of shark predation on the Hawaiian monk seal at Pearl and
                   biology of the Atlantic bottlenose dolphin, Tursiops trun-             Hermes Reef and French Frigate Shoals. Final report for
                   catus, in the Aransas Pass area of Texas. Final report for             MMC contract MM7AC01 1. NTIS PB-285 626. 34 pp.
                                                                                          8(08A4O32)


                                                                                 217
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                   MARINE MAMMAL COMMISSION - Annual Report for 1991


                   Tinney, R. T., Jr. 1983. Assessment of past, present, and                 Wartzok, D., and G.C. Ray. 1990. The hauling-out behavior
                       future risks of oil spills in and near the present sea otter              of the Pacific walrus. Final report for MMC contract
                       range in California. Final report for MMC contract                        MM5AC028. NTIS PB80-192 578. 46 pp. (AO4)
                       MM2324944-0. NTIS PB83-216 069. 208 pp. (A10)                         Wells, R.S., B.G. Wursig, and K.S. Norris. 1981. A survey
                   Tinney, R.T., Jr. 1984. Some factors affecting the oil spill                  of the marine mammals of the upper Gulf of California,
                       risk to sea otters in California. Final report for MMC con-               Mexico, with an assessment of the status of Phocoena
                       tract MM29107654. NTIS PB85-174035. 74 pp. (AO4)                          sinus. Final report for MMC contract MM1300958-0.
                   Tinney, R.T., Jr. 1988. Review of information bearing upon                    NTIS PB81-168 791. 51 pp. (AO4)
                       the conservation and protection of humpback whales in                 Whitehead, H., K. Chu, P. Harcourt, and A. Alling. 1982.
                       Hawaii- Final report for MMC contract MM3309689-0.                        The humpback whales off west Greenland: summer 1981,
                       NTIS PB88-195359. 65 pp. (AO4)                                            with notes on other marine mammals and seabirds sighted.
                   Townsend, R.T. 1991. Conservation and protection of hump-                     Final report MMC contract MM2079259-2. NTIS
                       back whales in Hawaii - an update. Final report for MMC                   PB82-243 924. 25 pp. (A03)
                       contract T775132495. NTIS PB91-215087. 58 pp. (AO4)                    Whitehead, H., and R. Payne. 1981. New techniques for
                   Treacy, S.D. 1986. Ingestion of salmonids and gastrointes-                    measuring whales from the air. Final report for MMqC
                       tinal passage in captive harbor seals (Phoca vitulina). Final             contract MM6AC017. NTIS PB81-161 143. 36 pp. (A03)
                       report for MMC contract MM2079357-5. NTIS PB86-200                    Williams, T.D. 1978. Chemical immobilization, baseline
                       235. 35 pp. (AO3)                                                         hernatological parameters and oil contamination in the sea              
                   Waring, G.H. 1981. Survey of federally-funded marine                          otter. Final report for MMC contract MM7AD094. NTIS
                       mammal research and studies FY70-FY79. Final report for                    PB-283969. 27 pp. (AO3)
                       MMC contract MM1533588-3. NTIS PB81-174 336. 265                      Wilson, S.C. 1978. Social organization and behavior of
                       pp. (All)                                                                 harbor seals, Phoca vituqfqtna concolor, in Maine. Final
                   Waring, G.H. 1981. Survey of federally-funded marine                          report for MMC contract MM6AC013. NTIS PB-290 188.
                       mammal research and studies FY70-FY80. Final report for                   103 pp. (AO6)
                       MMC contract MM1901196-8. NTIS PB81-242 059. 50                       Wirm, H.E. 1984. Development of a right whale sighting
                       pp. (A03)                                                                 network in the southeastern U.S. Final report for MMC
                   Waring, G.H. 1982. Survey of federally-funded marine mam-                     contract MM2324805-6. NTIS PB84-240 548. 12 pp.
                       mal research and studies FY70-FY81. Final report for                      (AO1)
                       MMC contract MM2079243-6. NTIS PB82-227 570. 74 pp.                   Wirin, H.E., E.A. Scott, and R.D. Kenney. 1985. Aerial
                       (AO4)                                                                     surveys for right whales in the Great South Channel, spring
                   Waring, G.H. 1983. Survey of federally-funded marine mam-                     1984. Final report for MMC contract MM2910792-6.
                       mal research and studies FY70-FY82. Final report for                      NTIS PB85-207 926. 18 pp. (AO2)
                       MMC contract MM2324754-9. NTIS PB83-262 998. 90 pp.                   Woodhouse, C.D., Jr., R.K. Cowen, and L.R. Wilcoxon.
                       (AO5)                                                                     1977. A summary of knowledge of the sea otter Enhydra
                   Waring, G.H. 1984. Survey of federally-funded marine                          qlutris, L., in California and an appraisal of the complete-
                       mammal research and studies FY70-FY83. Final report for                   ness of the biological understanding of the species. Final
                       MMC contract MM2629857-9. NTIS PB84-215 086. 92                           report for MMC contract MM6AC008. NTIS PB-270 -1174.
                       pp. (AO5)                                                                 71 pp. (A04)
                   Waring, G.H. 1985. Survey of federally-funded marine                      Woods, C.A. 1987. An investigation of possible sightings of
                       mammal research and studies FY70-FY84. Final report for                   Caribbean monk seals, (Monachus tropicalis), along the
                       MMC contract MM2910918-6. NTIS PB85-225613. 106                           north coast of Haiti. Final report for MMC contract
                       pp. (AO6)                                                                 MM3309519-2. NTIS PB87-164307. 14 pp. (AO2)
                   Waring, G.H. 1986. Survey of federally-funded marine                      Wray, P. 1978. The West Indian manatee (Trichechus mana-
                       mammal research and studies FY70-FY85. Final report for                   lus) in Florida: a summary and analysis of biological,
                       MMC contract MM3309688-7. NTIS PB86-235 637. 117                          ecological, and administrative problems affecting preserva-
                       pp. (AO6)                                                                 tion and restoration of the population. Final report for
                   Waring, G.H. 1987. Survey of federally-fqunded marine                          MMC contract MM8AD054. NTIS PB-285 410. 89 pp.
                       mammal research and studies FY70-FY86. Final report for                   (AO5)
                       MMC contract MM4465754-5. NTIS PB87-217386. IV                        Yellin, M.B., C.R. Agegian, and J.S. Pearse. 1977. Ecologi-
                       pp. (AO7)                                                                 cal benchmarks in the Santa Cruz County kelp forests be-
                   Waring, G.H. 1988. Survey of federally-funded marine                          fore the re-establishment of sea otters. Final report for
                       mammal research and studies FY70-FY87. Final report for                   MMC contract MM6AC029. NTIS PB-272 813. 125 pp.
                       MMC contract MM4465836-6. NTIS PB88-212782. 140                           (AO7)
                       pp. (AO7)
                   Waring, G.H.     1989. Survey of federally-funded marine
                       mammal research and studies, FY70-FY88. Final report
                       for MMC contract MM6223905-5. NTIS PB90-104050.
                       152 pp. (AO8)
                   Waring, G.H. 1990. Survey of federally-funded marine
                       mammal research and studies FY 70-89. Final report for
                       MMC contract T68108504. NTIS PB90-272097. 163 pp.
                       (AO8)
                   Waring, G.H. 1991. Survey of 8federally-funded marine
                       mammal research and studies FY 74-90. Final report for
                       MMC contract T75133766. NTIS PB91-212217. 51 pp.
                       (AO4)




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                                                                                Appendix B - Reports of Commission-Sponsored Activities



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                                                                             219








                                                                       APPENDIX C


                                  SELECTED LITERATURE PUBLISHED ELSEWBERE
                          11;t1ESM'rWG ]MOM C01MAUSSION-SPONSORED ACTIVITIES



             Ainloy, D.G., R.P. Henderson, H.R. Huber, R.J. Boekel-                       dolphin, Tursiops truncatus, in a region of the Texas coast.
                 heide, S.G. Allen, and T.L. McElroy. 1985. Dynamics of                   Fishery Bulletin (NOAA) 77(3):585-595. (MMC contract
                 m,@hite shark/pinniped interactions in the Gulf of the Faral-            MM8AC011)
                 lones 1970 to 1983. Memoirs, Southern California Acade-              Beach, R.J., A.C. Geiger, S.J. Jeffries, S.D. Treacy, and
                 my of Sciences 9:109-122. (MMC contracts MM4AC002,                       B.L. Troutman. 1985. Marine mammals and their inter-
                 MM5AC027, MM6AC007, MM7AC025, and                                        actions with fisheries of the Columbia River and adjacent
                 MM1300888-2)                                                             waters, 1980-1982. NOAA, NMFS, NWAFC processed
             AWey, D.G., H.R. Huber, and K.M. Bailey. 1982. Popula-                       report 85-04, 316 pp. (MMC contracts MM2079221-7 and
                 tion fluctuations of California sea lions and the Pacific                MM2324788-2)
                 whiting off central California. Fishery Bulletin (NOAA)              Bean, M.J. 1987. Legal strategies for reducing persistent
                 @0:253-258. (MMC contracts MM4AC002, MM5AC027,                           plastics in the marine environment. Marine Pollution Bulle-
                 MM6AC007, MM7AC025, and MM1300888-2)                                     tin 18:357-360. (MMC contract MM2629994-7)
             Ainley, D.G., C.S. Strong, H.R. Huber, T.J. Lewis, and S,H.              Bengtson, J.L. 1995. Monitoring indicators of possible eco-
                 Morrell. 1980. Shark predation of pinnipeds at the Faral-                logical changes in the Antarctic marine ecosystem. In
                 Ion Islands, California. Fishery Bulletin (NOAA)                         Selected papers, 1992-1984 (Part 11), Commission for the
                 78(4):941-945. (MMC contracts MM4AC002, MMSAC027,                        Conservation of Antarctic Marine Living Resources,
                 MM6AC007, MM7AC025, and MM1300898-2)                                     Hobart, Australia. (MMC contract 2629914-1)
             Alexander, L.M., and L.C. Hanson (ed). 1985. Antarctic                   Bengtson, J.L. 1985. Review of Antarctic marine fauna. In
                 politics and marine resources: critical choices for the                  Selected papers, 1982-1984 (Part 1), Commission for the
                 1980s. Proceedings from the eighth annual conference,                    Conservation of Antarctic Marine Living Resources, Ho-
                 17-20 June 1984, Center for Ocean Management Studies,                    bart, Australia. (MMC contract 2629914-1)
                 University of Rhode Island, Kingstonj Rhode Island. 262              Blix, A.S., and L.K. Miller. 1979. Newborn fur seals (Cal-
                 pp. (MMC contract MM2910791-3)                                           lorhinus ursinus) do they suffer from the cold? American
             AH@n, S.G., D.G. Ainley, G.W. Page,and C.A. Ribic. 1984.                     Journal of Physiology 236:R322-327. (MMC contract
                 The effects of disturbance on harbor seal haul-out behavior              MM5AC025)
                 patterns at Bolinas Lagoon, California. Fishery Bulletin             Bockstoce, J. 1980. A preliminary estimate of the reduction
                 (NOAA) 92(3):433-500. (MMC contract MM8AC012)                            of the western Arctic bowhead whale population by the
             Allon, S.G., H.R. Huber, C.A. Ribic, and D.G. Ainley. 1999.                  pelagic whaling industry: 1849-1915. Marine Fisheries
                 Population dynamics of harbor seals in the Gulf of the                   Review 42(9-10):20-27. (MMC contract MM7AD111)
                 Farallones, California. California Fish and Game                     Bockstoce, J.R. 1986. Whales, ice and men. The history of
                 75(4):224-232. (MMC contracts MM7AD110 and                               whaling in the western Arctic. University of Washington
                 MMSAD059)                                                                Press, Seattle. (MMC contract MM7AD111)
             Ashwell-Erickson, S., and R. Elsner. 1981. The energy cost               Breiwick, J.M. 1979. Reanalysis of Antarctic sei whale
                 of fi= existence for Bering Sea harbor and spotted seals.                stocks. Report of the International Whaling Commission
                 Pp. 869-899. In D.W. Hood and J.A. Calder (eds), The                     29:345-368. (MMC contract MM7AC012)
                 eastern Bering Sea shelf. oceanography and resources. U.S.           Breiwick, J.M., E.D. Mitchell, and D.G. Chapman. 1980.
                 Department of Commerce, Washington, D.C. (MMC con                        Estimated initial population size of the Bering Sea stock of
                 tracts MM5AC012 and MM7AD011)                                            bowhead whale, Balaena nqsticetus: an iterative method.
             Bailey, K.M., and D.G. Ainley. 1982. Dynamics of Califor-                    Fishery Bulletin (NOAA) 78(4):843-853. (MMC contract
                 nia sea lion predation on Pacific hake. Fisheries Research               MM8AC007)
                 1:163-176. (MMC contracts MM4AC002, MM5AC027,                        Brown, R.F., and B.R. Mate. 1983. Abundance, movements
                 MM6AC007, MM7AC025, and MM1300889-2)                                     and feeding habits of harbor seals, Phoca vituhna, at
             Baker C.S., and L,M. Herman. 1981. Migration and local                       Netarts and Tillamook Bays, Oregon. Fishery Bulletin
                 'mo@ements of humpback whales (Megaptera novaeangliae)                   (NOAA) 91(2):291-301. (MMC contract MM8AC003)
                 through Hawaiian waters. Canadian Journal of Zoology                 Brownell, R.L., Jr., P.B. Best, and J.H. Prescott (eds). 1986.
                 59(3):460-469. (MMC contract MM7AC014)                                   Right whales: past and present status. Proceedings of the
             Bilcomb, K.C., III, and M.A. Bigg. 1986. Population biolo-                   workshop on the status of right whales, Boston, Massachu-
                 gy of the three resident killer whale pods in Puget Sound                setts, 15-23 June 1983. Reports of the International Whal-
                 and off southern Vancouver Island. In B.C. Kirkevoid and                 ing Commission (Special Issue 10). 289 pp. (MMC con-
                 J.S. Lockard (eds). Behavioral biology of killer whales.                 tract MM2911051-5)
                 Zoo biology monographs, Vol. 1. (MMC contract                        Brownell, R.L., Jr., L.T. Findley, 0. Vidal, A. Robles, and
                 MM1300731-7)                                                             S. Manzanilla N. 1987. External morphology and pigmen-
             Balcomb, K.C., III, J.R. Boran, and S.L. Heimlich. 1982.                     tation of the vaquita, Phocoena sinus, (Cetacea: Mamma-
                 Killer whales in greater Puget Sound. Report of the Inter-               lia). Marine Mammal Science 3(l):22-30. (MMC contract
                 national Whaling Commission 32:681-685. (MMC contract                    MM3309558-7)
                 MM1300731-7)                                                         Burns, J.J., and F.H. Fay. 1974. New data on taxonomic
             Barham, E.G., J.C. Sweeney, S. Leatherwood, R.K. Beggs,                      relationships among North Pacific harbor seals, genus
                 and C.L. Barham. 1980. Aerial census of the bottlenose                   Phoca (sensu stricio). Translation of the lst International


                                                                                 221






                    MARINE MAMMAL COMMISSION - Annual Report for 1991


                       Theriological Congress (Moscow) 1:99. (MMC contract                     (eds). A new ecology: novel approaches to interactive
                       MM4AC005)                                                               systems. John Wiley & Sons, Inc., New York. (M1V.1C
                    Burns, J.J., F.H. Fay, and G.A. Fedoseev. 1984. Cranio-                    contract MM1300702-9)
                       logical analysis of harbor and spotted seals of the North            Deiter, R.L. 1990. Recovery and necropsy of marine mam-
                       Pacific region. Pp. 5-16. In F.H. Fay and G.A. Fedoseev                 mal carcasses in and near the Point Reyes National Sea-
                       (eds). Soviet - American cooperative research on marine                 shore, May 1982 to March 1987. Pp. 123-141. A J E_
                       mammals. Vol. I-Pinnipeds. NOAA Tech. Report NMFS-                      Reynolds, III, and D.K. Odell (eds). Proceedings      of      &   1
                       -12. (MMC contract MM4AC005)                                            second marine mammal stranding workshop, 3-5 December
                    Clapham, P.J., and C.A. Mayo. 1987. The attainment of                      1987,. Miami, Florida. National Oceanic and Atmospheric
                       sexual maturity in two female humpback whales. Marine                   Administration Technical Report No. 98, National Marine
                       Mammal Science 3(3):279-283. (MMC contract MMI800-                      Fisheries Service. (MMC contract MM2911030-8)
                       925-5)                                                               DeMaster, D.P., and J.K. Drevenak. 1988. Survivorship
                    Clark, W.G. 1981. Restricted least-squares estimates of age                patterns in three species of captive cetaceans. Marine
                       composition from length composition. Canadian Journal of                Mammal Science 4(4):297-311.
                       Fisheries and Aquatic Science 38:297-307. (MMC con-                  Eberhardt, L.L., D.G. Chapman, and J.R. Gilbert. 1979.           A
                       tracts MM1533439-2 and MM1801114-6)                                     review of marine mammal census methods. Wildlife Mono-
                    Clark, W.G. 1982. Early changes in the recruitment rates of                graphs, No. 63. 46 pp. (MMC contract MM4AC014)
                       Antarctic minke whales inferred from recent age distribu-            Everitt, R.D., and R.J. Beach. 1982. Marine mammal-fish-
                       tions. Report of the International Whaling Commission                   eries interactions in Oregon and Washington: an overview.
                       32:889-895. (MMC contracts MM1533439-2 and                              Pp. 265-277. In Transactions of the 47th North American
                       MM1801114-6)                                                            Wildlife and Natural Resources Conference. Wildlife
                    Clark, W.G. 1982. Historical rates of recruitment to South-                Management Institute, Washington, D.C. (MMC contracts
                       ern Hemisphere fin whale stocks. Report of the Interna-                 MM2079345-2 and MM2079357-5)
                       tional Whaling Commission 32:305-324. (MMC contracts                 Fay, F.H. 1982. Ecology and biology of the Pacific walrus,
                       MM 1533439-2 and MM 1801114-6)                                          Odobenus rosmarus divergens illigen. U.S. Fish and Wild-
                    Clark, W.G. 1983. Apparent inconsistencies among countries                 life Service. North American Fauna, No. 74. 279 pp.
                       in measurements of fin whale lengths. Report of the Inter-              (Partial support under MMC contract MMI533576-0)
                       national Whaling Commission 33:431-434. (MMC con-                    Fay, F.H. 1984. Walrus. Pp. 264-269. In D. Macdonald
                       tracts MM1533439-2 and MM1801114-6)                                     (ed). Encyclopedia of Mammals. Equinox Ltd., Oxford,
                    Clark, W.G. 1984. Analysis of variance of photographic and                 England. (MMC contract MMI533576-0)
                       visual estimates of dolphin school size. Southwest Fisheries         Fay, F.H. 1984. Foods of the Pacific walrus, winter and
                       Center Administration Report LJ-84-11C. SouthwestFish-                  spring in the Bering Sea. Pp. 81-88. In F.H. Fay and G.A.
                       eries Center, National Marine Fisheries Service, La Jolla,              Fedoseev (eds). Soviet-American cooperative research on
                       California. 36 pp. (MMC contract MM2324792-1)                           marine mammals. Vol. I-Pinnipeds. NOAA Technical
                    Clark, W.G. 1984. Recruitment rates of Antarctic fin whales,               Report NMFS-12. (MMC contracts MM4AC005,
                       Balaenopieraphysalw, inferred Erom cohort analysis.                     MM4AC006, MMSAC024, MM8AC013, and
                       Reports of the International Whaling Commission (Special                MM1533576-0)
                       Issue 6):411-415. (MMC contract MM1533439-2)                         Fay, F.H. 1985. Odobenus rosmarus. Mammalian Species
                    Coe, J.M., and W.E. Stuntz. 1980. Passive behavior by the                  238:1-7. (MMC contract MM1533576-0)
                       spotted dolphin, Stenefla altenuata, in tuna purse seine nets.       Fay, F.H., B.P. Kelly, and J.L. Sease. 1999. Managing the
                       Fishery Bulletin (NOAA) 79(2):535-537. (MMC contract                    exploitation of Pacific walruses: a tragedy of delayed re-
                       MM6AC022)                                                               sponse and poor communication. Marine Mammal Science
                    Costa, D.P. 1978. The sea otter: its interaction with man.                 5(l):1-16. (MMC contracts MM4AC005, MM4AC006,
                       Oceanus 21(2):24-30. (MMC contract MM6AA053)                            MM5AC024, MM8AC013, and MMI533576-0)
                    Costa, D.P. 1982. Energy, nitrogen, and electrolyte flux and            Foster, M. 1982. The regulation of macroalgal associations
                       sea water drinking in the sea otter, Enhydra lutris. Physio-            in kelp forests. Pp. 185-205. In L. Srivastava (ed). Syn-
                       logical Zoology 55(l):35-44. (MMC contract MM6AA053)                    thetic and degradative processes in marine macrophytes.
                    Cowen, R.K., C.R. Agegian, and M.S. Foster. 1982. The                      W. de Gruyter & Company, Berlin. (MMC contract
                       maintenance of community structure in a central California              MM7AC023)
                       giant kelp forest. Journal of Experimental Marine Biology            Fowler, C.W. 1980. A rationale for modifying eflort by
                       and Ecology 64:189-201. (MMC contract MM7AC023)                         catch, using the sperm whale of the North Pacific as an
                    Crone, M.J., and S.D. Kraus (eds). 1990. Right whales (Eu-                 example. Reports of the International Whaling Commission
                       balaena glacia&), in the western North Atlantic: a catalog              (Special Issue 2):99-102. (MMC contract MM8AC009)
                       of identified individuals. New England Aquarium, Boston,             Fowler, C.W. 1981. Comparative population dynamics in
                       Massachusetts. 243 pp. (MMC contract T6223913-6)                        large mammals. Pp. 437-455. In C.W. Fowler and T.D.
                    Dayton, P.K. 1984. Processes structuring some marine com-                  Smith (eds). Dynamics of large mammal populations. John
                       munities: are they general? Pp. 181-197. In D.R. Strong,                Wiley & Sons, Inc., New York. (MMC contract
                       et al. (eds). Ecological communities: conceptual issues and             MM1300730-4)
                       the evidence. Princeton University Press, Princeton, N.J.            Fowler, C.W. 198 1. Density dependence as related to life
                       (MMC contract MM1300702-9)                                              history strategy. Ecology 62:602-610. (MMC contract
                    Dayton, P.K., V. Currie, T. Gerrodette, B.D. Keller, R.                    MM7AC013)
                       Rosenthal, and D. Ven Tresca. 1984. Patch dynamics and               Fowler, C.W. 1987. A review of density dependence
                       stability of some California kelp communities. Ecological               populations of large mammals. Pp. 401-441. In H.H.
                       Monographs 54(3):253-289. (MMC contract                                 Genoways (ed). Current Marnmalogy, Vol. 1. (MMC
                       MM1300702-9)                                                            contract MM7AC013)
                    Dayton, P.K., and M.J. Tegner. 1984. The importance of                  Gaines, S.E., and D. Schmidt. 1976. Wildlife management
                       scale in community ecology: a kelp forest example with                  under the Marine Mammal Protection Act of 1972. Pp.
                       terrestrial analogs. Pp. 457-481. In P.W. Price, et al.

                                                                                       222





                                                                                                                     Appendix C - Selected Literature


                  56096-50114. In Environmental Law Reporter, Vol. 6.                        Lagoon, Baja California Sur, Mexico. Pp. 561-575. In
                  (MMC contract MM5AC029)                                                    M.L. Jones, S. L. Swartz, and S. Leatherwood (eds). The
               Gent jr
                    , Y, R.L., and G.L. Kooyrnan. 1986. Fur seals: mater-                    Gray whale. Academic Press, Inc., Orlando, Florida.
                  nii strategies on land and at sea. Princeton University                    (MMC contract MM1533416-9)
                  P@ess, Princeton, New Jersey. 291 pp. (MMC contract                    Heimlich-Boran, J.R. 1996. Photogrammetric analysis of
                  MM6AO19)                                                                   growth in Puget Sound Orcinus orca. In B.C. Kirkevoid
               Geor     Conservancy, The. 1996. Report of the southeastern                   and J.S. Lockard (eds). Behavioral biology of killer
                    ,gia
                  U.S. right whale workshop, 18-20 February 1986, Jekyll                     whales. Zoo Biology Monographs. Vol. 1. (MMC con-
                  Island, Georgia. 41 pp. (MMC contract MM3309690-0)                         tract MM1300731-7)
               Geri.tci, J.R. 1978. The enigma of marine mammal strand-                  Heimlich-Boran, J.R. 1986. Fishery correlations with the
                  @Ig    Oceanus 21(2):1-10. (MMC contracts MM5AC008,                        occurrence of killer whales in greater Puget Sound. In
                  M46AD007, MM7AD-69, and MM7AC020)                                          B.C. Kirkevoid and J.S. Lockard (eds). Behavioral biology
               Geraci, J.R. 1989. Clinical investigations of the 1987-88                     of killer whales. Zoo Biology Monographs. Vol. 1.
                  mass mortality of bottlenose dolphins along the U.S. central               (MMC contract MM1300731-7)
                  and south Atlantic coast. Final report to the U.S. National            Heimlich-Boran, S.L. 1986. Cohesive relationships among
                  Marine Fisheries Service, Office of Naval Research, and                    Puget Sound killer whales. In B.C. Kirkevoid and J.S.
     %            the Marine Mammal Commission, Washington, D.C. 63                          Lockard (eds). Behavioral biology of killer whales. Zoo
                  pp. (MMC contracts MM4465926-9, T5360275-6,                                Biology Monographs. Vol. 1. (MMC contract
                  T5360277-2, and T5360286-6)                                                MM1300731-7)
               Ger,aci, I.R., D.M. Anderson, R.J. Timperi, D.J. St. Aubin,               Herman, L.M. 1979. Humpback whales in Hawaiian waters:
                  G.A. Early, J.H. Prescott, and C.A. Mayo. 1989. Hump-                      a study in historical ecology. Pacific Science 33(l):1-16.
                  back whales (Megaptera novaeanghae) fatally poisoned by                    (MMC contract MM7AC014)
                  dinoflagellate toxin. Canadian Journal of Fisheries and                Herman, L.M., and R.C. Antinoja. 1977. Humpback whales
                  Aquatic Science 46(11):1895-1898. (MMC contract                            in the Hawaiian breeding waters: population and pod char-
                  T5306271-4)                                                                acteristics. Scientific Report of the Whales Research Insti-
               Geraci, J.R., M.D. Daily, and D.J. St. Aubin. 1978.          Parasit-         tute, No. 29:59-85. (MMC contract MM7AC014)
                  ic mastitis in the Atlantic white-sided dolphin, Lageno-               Hoelzel, A.R., and R.W. Osborne. 1986. Killer whale call
                  rhynchus acurus, as a probable factor in herd productivity.                characteristics: implications for cooperative foraging strate-
                  Journal of the Fisheries Research Board of Canada                          gies. In B.C. Kirkevoid and J.S. Lockard (eds). Behavior-
                  35(10):1350-1355. (MMC contract MM5AC008)                                  al biology of killer whales. Zoo Biology Monographs.
               Geraci, J.R., and D.J. St. Aubin. 1980. Offshore petroleum                    Vol. 1. (MMC contract MM1300731-7)
                  resource development and marine mammals: a review and                  Hofman, R.J. 1985. The Convention on the Conservation of
                  research recommendations. Marine Fisheries Review                          Antarctic Marine Living Resources. Pp. 113-122. In L.M.
                  42(11)-l-12. (Requested by the Marine Mammal Commis-                       Alexander and L.C. Hanson (eds). Antarctic politics and
                  sion)                                                                      marine resources: critical choices for the 1980s. Center
               Glockner-Ferrari, D.A., and M.J. Ferrari. 1997. Identifica-                   for Ocean Management Studies, University of Rhode Is-
                  tion, reproduction, and distribution of humpback whales in                 land, Kingston, Rhode Island.
                  Hawaiian waters, 1994 and 1985. Report to National Ma-                 Hofman, R.J., and W.N. Bonner. 1985. Conservation and
                  rine Fisheries Service, National Marine Mammal Laborato-                   protection of marine mammals: past, present and future.
                  ry, Seattle. 33 pp. (MMC contract MM2629752-5)                             Marine Mammal Science 1(2):109.
               Goodman, D. 1980. Demographic intervention for closely                    Huber, H.R. 1987. Natality and weaning success in relation
                  managed populations. In M.E. Soule and B.A. Wilcox                         to age of first reproduction in northern elephant seals.
                  (eds). Conservation biology: an evolutionary perspective.                  Canadian Journal of Zoology 65(6):1311-1316. (MMC
                  Sinauer Associates, Sunderland, Massachusetts. (MMC                        contracts MM4AC002, MM5AC027, MM6AC007,
                  contract MM8AD-W8)                                                         MMAC025, MM130088-3, MM1535599-3)
               Goodman, D. 1981. Life history analysis of large mammals.                 Huber, H.R. 1991. Changes in distribution of California sea
                  In C.W. Fowler and T.D. Smith (eds). Dynamics of large                     lions north of the breeding rookeries during the 1982-83 El
                  mammal populations. John Wiley & Sons, Inc., New                           Nifio. Pp. 219-233. In F. Trillmich and K. Ono (eds).
                  York. (MMC contract MMSAD-008)                                             Pinnipeds, and El Nifio: responses to environmental stress.
               Haenel, N.J. 1986. General notes on the behavioral ontogeny                   Ecological Studies, Vol. 89. Springer-Verlag, Berlin.
                  of Puget Sound killer whales and the occurrence of alloma-                 (MMC contracts MM4AC002, MM5AC027, MM6AC007,
                  ternal behavior. In B.C. Kirkevoid and J.S. Lockard (eds).                 MMAC025, MM130088-3, MM1535599-3)
                  Behavioral biology of killer whales. Zoo Biology Mono-                 Huber, H.R., C. Beckham, and J. Nisbet. 1991. Effects of
                  graphs, Vol. 1. (MMC contract MM1300731-7)                                 the 1982-83 El Nifio on northern elephant seals on the
               Hain, J.H.W., G.R. Carter, S.D. Kraus, C.A. Mayo, and                         South Farallon Islands, California. Pp. 129-137. In F.
                  H.E. Winn. 1982. Feeding behavior of the humpback                          Trillmich and K. Ono (eds). Pinnipeds and El Nifio:
                  whale, Megaptera novaeangfide, in the western North                        responses to environmental stress. Ecological Studies, Vol.
                  Atlantic. Fishery Bulletin (NOAA) 80(2):259-268. (MMC                      88. Springer-Verlag, Berlin. (MMC contracts MM4ACO-
                  contract MM1800925-5)                                                      02, MM5AC027, MM6AC007, MMAC025, MM130088-3,
               Hall, J.D. 1977. A non-lethal lavage device for sampling                      MM1535599-3)
                  stomach contents of small marine mammals. Fishery Bulle-               Huber, H.R., D.G. Ainley, and S.H. Morrell. 1982. Sight-
                  tin (NOAA) 75(3):653-656. (MMC contract MM4AC013)                          ings of cetaccans in the Gulf of the Farallones, California,
               Harvey, J.T., R.F. Brown, and B.R. Mate. 1990. Abundance                      1971-1979. California Fish and Game 68(3):183-189.
                  and distribution of harbor seals (Phoca vituUna) in Oregon,                (MMC contract MM1300998-2)
                  1975-1983. Northwestern Naturalist 71:65-71. (MMC                      Huber, H.R., A.C. Rovetta, L.A. Fry, and S. Johnston.
                  contract MM5AC001)                                                         1991. Age-specific natality of northern elephant seals at the
               Harvey, J.T., and B.R. Mate. 1984. Dive characteristics and                   South Farallon Islands, California. Journal of Marnmalogy
                  movements of radio-tagged gray whales in San Ignacio                       72(3):525-534.

                                                                                    223






                    MARINE MAMMAL COMMISSION - Annual Report for 1991


                    Hui, C.A. 1980. Variability of dentin deposits in Tursiops                 Mammal Science, 6(4):278-291. MMC contract
                       truncarus. Canadian Journal of Fisheries and Aquatic                    MM3309800-5)
                       Science 37(4):712-716. (MMC contract MM7AC021)                      Kraus, S.D., J.R. Gilbert, and J.H. Prescott. 1983.      A com-
                    Irvine, A.B., M.D. Scott, R.S. Wells, and J.H. Kaufman.                    parison of aerial, shipboard and land-based survey method-
                       1981. Movements and activities of the Atlantic bottlenose               ology for the harbor porpoise, Phocoenor phocoena. Fish-
                       dolphin, Tursiops truncarms, near Sarasota, Florida. Fish-              ery Bulletin (NOAA) 81:910-912, (MMC contract
                       ery Bulletin (NOAA) 79(4):671-688. (MMC contracts                       MM1801023-1)
                       MM4AC004 and MM5AC018)                                              Kraus, S.D., K.E. Moore, C.A. Price, M.J. Crone, W.A.
                    Irvine, A.B., R.S. Wells, and M.D. Scott. 1982. An evalua-                 Watkins, H.E. Winn, and J.H. Prescott. 1986. The use of
                       tion of techniques for tagging small odontocete cetaceans.              photographs to identify individual North Atlantic right
                       Fishery Bulletin (NOAA) 80(l):135-143. (MMC contracts                   whales (Eubalaena glacia&). Reports of the International
                       MM4AC004 and MM5AC018)                                                  Whaling Commission (Special Issue 10):139-144. (MMC
                    Johnson, P.A., B.W. Johnson, and L.R. Taylor. 1981. Inter-                 contracts MM2079355-9 and MM3309800-5)
                       island movement of a young Hawaiian monk seal between               Kraus, S.D., J.H. Prescott, and A.R.. Knowlton. 1988. Win-
                       Laysan Island and Maro Reef. 'Elepaio, 41(11):113-114.                  tering right whales along the southeastern United States: a
                       (MMC contracts MM7AC009 and MM8AC008)                                   primary calving ground. Proceedings of the third southeast-
                    Jones, M.L. 1985. Evaluation of the potential impact of                    em non-game and endangered wildlife symposium. Georgia
                       whale-watching activities on gray whales in Laguna San                  Department of Natural Resources. Pp. 148-157. (MMC
                       Ignacio, Baja California Sur, Mexico, 1978 to 1982. Mas-                contract MM3309800-5)
                       ter's thesis, Moss Landing Marine Laboratories, San Jose            Kraus, S.D., J.H. Prescott, A.R. Knowlton, and G.S. Stone.
                       State University, San Jose, California. 73 pp. (MMC                     1986. Migration and calving of right whales (Eubalaena
                       contracts MM7AC008, MM8AC005, MM1533497-8,                              glaciahs) in the western North Atlantic. Reports of the
                       MM2079219-4, MM2324713-8, and MM2911099-4)                              International Whaling Commission (Special Issue
                    Jones, M.L. 1990. The reproductive cycle in gray whales                    10):145-151. (MMC contracts MM2079355-9 and
                       based on photographic resightings of females on the breed-              MM3309800-5)
                       ing grounds from 1977-82. Reports of the International              Laist, D.W. 1987. An overview of the biological effects of
                       Whaling Commission (Special Issue 12):177-182. (MMC                     lost and discarded plastic debris in the marine environment.
                       contracts MM7AC008, MM8AC005, MM1533497-8,                              Marine Pollution Bulletin 18:319-326.
                       MM2079219-4, MM2324713-8, and MM29110984)                           Leatherwood, S. 1975. Some observations of feeding behav-
                    Jones, M.L., and S.L. Swartz. 1984. Demography and phe-                    ior of bottle-nosed dolphins (Tursiops truncatus) in the
                       nology of breeding gray whales in Laguna San Ignacio,                   northern Gulf of Mexico and (Tursiops cf. T gilh) off
                       Baja California Sur, Mexico: 1978-1982. Pp. 309-374. In                 Southern California, Baja California, and Nayarit, Mexico.
                       M.L. Jones, S.L. Swartz, and S. Leatherwood (eds). The                  Marine Fisheries Review 37(9):10-16. (MMC contract
                       gray whale. Academic Press, Inc., Orlando, Florida. 602                 MM6AC001)
                       pp. (MMC contracts MM7AC008, MM8AC005,                              Leatherwood, S., J.R. Gilbert, and D.G. Chapman. 1978.
                       MM1533497-8, MM2079219-4, MM2324713-8, and                              An evaluation of some techniques for aerial censuses of
                       MM2911098-4)                                                            bottlenosed dolphins. Journal of Wildlife Management
                    Jones, M.L., S.L. Swartz, and S. Leatherwood (eds). 1984.                  42(2):239-250. (MMC contract MM6AC001)
                       The gray whale. Academic Press, Inc., Orlando, Florida.             Leatherwood, J.S., R.A. Johnson, D.K. Ljungblad, and W.E.
                       602 pp. (MMC contracts MM7AC008, MM8AC005,                              Evans. 1977. Broadband measurements of underwater
                       MM1533497-8, MM2079219-4, MM2324713-8,                                  acoustic target strengths of panels of tuna nets. Technical
                       MM2911098-4)                                                            Report 126. Naval Ocean Systems Center, San Diego,
                    Kirby, V. 1983. Progesterone and estrogens in pregnant and                 California. 19 pp. (MMC contract MM6AC020)
                       nonpregnant dolphins (Tursiops truncatus) and the effects of        Loughlin, T.R. 1979. Radio telemetric determination of the
                       induced ovulation. Biology of Reproduction 28:897-901.                  24-hour feeding activities of sea otters, Enhydra haru. Pp.
                       (MMC contract MM7AC016)                                                 717-724. In C.J. Amlaner, Jr., and D.W. McDonald (eds).
                    Kooyman, G.L., J.0. Billups, and W.D. Farwell. 1983. Two                   A handbook on biotelemetry and radio-tracking. Pergamon
                       recently developed recorders for monitoring diving activity             Press, Oxford and New York. (MMC contracts
                       of marine birds and marnmals. Pp. 197-214. In A.G.                      MM6-AC004 and MM6AC024)
                       MacDonald and I.G. Priede (eds). Experimental biology at            Loughlin, T.R. 1980. Home runge and territoriality of sea
                       sea. Academic Press, Inc., New York. (MMC contract                      otters near Monterey, California. Journal of Wildlife Man-
                       MM6AC019)                                                               agement 44(3):576-592. (MMC contracts MM6AC004 and
                    Kooyman, G.L., and L.H. Cornell. 1981. Flow properties of                  MM6AC024)
                       expiration and inspiration in a trained bottle-nosed porpoise.      Lowry, L.F., and F.H. Fay. 1984. Seal eating by walruses
                       Physiological Zoology 54(l):55-61. (MMC contract                        in the Bering and Chukchi Seas. Polar Biology 3:11-18.
                       MM4AC012)                                                               (MMC contracts MM5AC006 and MMC5AC024).
                    Kooyman, G.L., R.L. Gentry, and D.L. Urquhart. 1976.                   Lowry, L.F., K.J. Frost, D.G. Calkins, G.L. Swartzman, and
                       Northern fur seal diving behavior: a new approach to its                S. Hills. 1982. Feeding habits, food requirements, and
                       study. Science 193:411-412. (MMC contract MM6AC019)                     status of Bering Sea marine mammals. North Pacific Fish-
                    Kooyman, G.L., K.S. Norris, and R.L. Gentry. 1975. Spout                   ery Management Council, Anchorage, AK. Doc. Nos. 19
                       of the gray whale: its physical characteristics. Science                and 19a. 574 pp. (MMC contract MM15335964)
                       190:908-910. (MMC contract MM4AC012)                                Lowry, L.F., and K.J. Frost. 1985. Biological interactions
                    Kooyman, G.L., and E.E. Sinnett. 1979. Mechanical proper-                  between marine mammals and commercial fisheries in the
                       ties of the harbor porpoise lung. Respiratory Physiology,               Bering Sea. Pp. 41-61. In J.R. Beddington, R.J.L. Bever-
                       36:287-300, (MMC contract MM4AC012)                                     ton, and D. Lavigne (eds). Marine Mammals and Fisher-
                    Kraus, S.D. 1990. Rates and potential causes of mortality in               ies. George Allen and Unwin, London. (MMC contract
                       North Atlantic right whales (Eubalaena glacialis). Marine               MM153359&4)


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                                                                                                              Appendix C - Selected Literature


             Mate B.R., and J.T. Harvey. 1984. Ocean movements of                   Odell, D.K. 1979. Distribution and abundance of marine
                 ra@io-tagged gray whales. Pp., 577-589. In M.L. Jones,                mammals in the waters of the Everglades National Park.
                 SII@L. Swartz, and S. Leatherwood (eds). The gray whale,              Proceedings of the first conference on research in national
                 E,schrichtius robustus. Academic Press, Inc., New York.               parks. USDI, NPS, Transactions proceedings series No.
                 (MMC contract 1533416-0)                                              5:673-678. (MMC contract MM4AC003)
             Maie, B.R., J.T. Harvey, R. Maiefski, and L. Hobbs. 1983.              Packard, J.M. 1981. Abundance, distribution, and feeding
                 A new radio tag for large whales. Journal of Wildlife Man-            habits of manatees (Trichechus manatus) wintering between
                 agement 47(3):869-872. (MMC contract MM1533416-9)                     St. Lucie and Palm Beach Inlets, Florida. U.S. Fish and
             Mayo, C.A., C.A. Carlson, P.J. Clapham, and D.K. Mattila.                 Wildlife Contract Report No. 14-16-004-MI05. 139 pp.
                 1985. Humpback whales of the southern Gulf of Maine.                  (MMC contract MM1801025-7).
                 Shankpainter Press, Provincetown, Massachusetts. (MMC              Packard, J.M. 1984. Impact of manatees, Trichechus mana-
                 contract MM1800925-5)                                                 tus, on seagrass communities in eastern Florida. In Acta
             Mead, I.G. 1977. Records of sei and bryde's whales from                   Zool. Fennica 172:21-22. (MMC contract MM1801025-7)
                 the Atlantic coast of the United States, the Gulf of Mexico        Packard, J.M. 1984. Proposed research/management plan for
                 and the Caribbean. Reports of the International Whaling               Crystal River manatees. Vols. 1-3. Tech. Report 7.
                 Commission (Special Issue 1):113-116. (MMC contract                   Florida Cooperative Fish and Wildlife Research Unit, Uni-
                 MM7AC007)                                                             versity of Florida, Gainesville, Florida. Preparedfor Fish
             Melteff, B.R., and D.H. Rosenberg (eds). 1994. Proceedings                and Wildlife Service, U.S. Department of the Interior,
                 of the workshop on biological interactions among marine               Washington, D.C. 31 pp. 235 pp. 346 pp. (MMC con-
                 mammals and commercial fisheries in the southeastern                  tract MM1901024-4)
                 Bering Sea, October 18-21, 1983, Anchorage, Alaska.                Packard, J.M., R.K. Frohlich, J.E. Reynolds, III, and J.R.
                 Alaska Sea Grant College Program, University of Alaska,               Wilcox. 1985. Manatee response to interrupted operation
                 Fairbanks, Alaska. 300 pp. (MMC contract                              of the Fort Myers power plant, winter 1984/85. Manatee
                 MM2324802-7)                                                          population research report No. S. Technical Report No.
             Merrell, T.R. 1985. Fish nets and other plastic litter on                 8-8. Florida Cooperative Fish and Wildlife Research Unit.
                 Alaska beaches. Pp. 160-182. In R.S. Shomura and H.O.                 University of Florida, Gainesville, Florida. 20 pp. (MMC
                 Yoshida (eds). Proceedings of the workshop on the fate                contract MM3309522-8)
                 and impact of marine debris, 26-29 November 1994, Hono-            Packard, J.M., R.K. Frohlich, J.E. Reynolds, III, and J.R.
                 lulu, Hawaii. U.S. Dept. Commerce, NOAA Tech. Memo.                   Wilcox. 1989. Manatee response to interruption of a
                 580p. (MMC contract MM2910786-1)                                      thermal effluent. Journal of Wildlife Management
             Miller, L.K. 1977. Energetics of the northern fur seal in                 53(3):692-700. (MMC contract 2324650-8)
                 relation to climate and food resources of the Bering Sea.          Packard, J.M., D.B. Siniff, and J.A. Cornell. 1986. Use of
                 Procedings 2nd conference biology marine mammals, San                 replicate counts to improve indices of trends in manatee
                 Diego, California. (MMC contract MM5AC025)                            abundance. Wildlife Society Bulletin 14:265-275. (MMC
             Mizroch, S.A., D.W. Rice, J.L. Bengtson, and S.W. Larson.                 contmct 2324650-8)
                 1985. Preliminary atlas of Balaenopterid whale distribution        Packard, J.M., and O.F. Wetterquist. 1985. Evaluation of
                 in the Southern Ocean based on pelagic catch data.                    manatee habitat on the northwestern coast of Florida, Coa-
                 SC-CAMLR-IV/BG121. Pp. 113-193. In Selected papers                    stal Zone Management Journal 14(4):279-310. (MMC con-
                 presented to the scientific committee of CCAMLR, 1985.                tract MM1801025-7)
                 (MMC contract MM3309521-5)                                         Payne, R., 0. Brazier, E.M. Dorsey, J.S. Perkins, V.J.
             Naftiger, J.A.R. 1978. The management of marine mammals                   Rowntree, and A. Titus. 1983. External features in south-
                 after the Fishery Conservation and Management Act.                    ern right whales (Eubalaena austra&) and their use in
                 Willamette Law Journal 14:153-215. (MMC contract                      identifying individuals. Pp. 371-445. In R. Payne (ed).
                 MM7AC001)                                                             Communication and behavior of whales. AAAS Selected
             National Research Council. 1981. An evaluation of Antarctic               Symposium 76. Westview Press, Inc. Boulder, Colorado.
                 marine ecosystem research. Committee To Evaluate Ant-                 (MMC contract MM6AC017)
                 arctic Marine Ecosystem Research, Polar Research Board.            Peame, J.S., D.P. Costa, M.B. Yellin, and C.R. Agegian.
                 National Academy Press, Washington, D.C. 99 pp.                       1977. Localized mass mortality of red sea urchin, Strongy-
                 (MMC contract MM1900913-2)                                            locentrotusftanciscanus, near Santa Cruz, California.
             National Research Council. 1988. Priorities in arctic marine              Fishery Bulletin (NOAA) 75(3):645-648. (MMC contract
                 science. 73 pp. (MMC contracts MM2911050-6,                           MM6AC029)
                 MM3309999821-2)                                                    Perrin, W.F., R.L. Brownell, Jr., and D.P. DeMaster (eds).
             Norris, K,S., R. Goodman, B, Villa-Ramirez, and L. Hobbs.                 1984. Reproduction in whales, dolphins, and porpoises.
                 1977. Behavior of California gray whales (Eschrichtius                Reports of the International Whaling Commission (Special
                 robustus) in Southern Baja California, Mexico. Fishery                Issue 6). 490 pp. (MMC contract MM2079356-2)
                 Bulletin (NOAA) 75(l):159-172. (MMC contract                       Perrin, W.F., R.L. Brownell, Jr., Zhou Kaiya, and Liu Jian-
                 MMSAC007)                                                             kang (eds). 1989. Biology and conservation of the river
             Odell, D.K. 1975. Status and aspects of the life history of the           dolphins. IUCN Species Survival Commission Occasional
                 bottlenose dolphin, Tursiops truncatus, in Florida. Journal           Paper No. 3. (MMC contract MM3309828-3)
                 of the Fisheries Research Board of Canada                          Perrin, W.F., and A.C. Myrick, Jr. (eds). 1980. Age deter-
                 32(7):1055-1058. (MMC contract MM4AC003)                              mination of toothed whales and sirenians. Reports of the
             Odell, D.K. 1976. Distribution and abundance of marine                    International Whaling Commission (Special Issue 3. 229
                 mammals in south Florida: preliminary results. In A.                  pp.) (MMC contract MMSAC004)
                 Thorhaug (ed). 1976. Biscayne Bay- PastIT'resentlFuture.           Pierotti, R.J., D.G. Ainley, T.S. Lewis, and M.C. Coulter.
                 Biscayne Bay Symposium 1, 2-3 April 1976. University of               1977. Birth of a California sea lion on Southeast Farallon
                 Miami Sea Grant Special Report No. 5. 315 pp. (MMC                    Island. California Fish and Game 63(l):64-65. (MMC
                  ontmet MM4AC003)                                                     contract MM4AC002)



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                    MARINE MAMMAL COMMISSION - Annual Report for 1991


                    Pitcher, K.W. 1990. Food of the harbor seal, Phoca vitutina,           Shane, S.H. 1990. Comparison of bottlenose dolphin behavior
                       in the Gulf of Alaska. Fishery Bulletin (NOAA)                         in Texas and Florida, with a critique of methods for study-
                       78(2):544-549. (MMC contract MM5AC01 1).                               ing dolphin behavior. Pp. 541-559. In J.S. Leatherwood
                    Pitcher, K.W. 1980. Stomach contents and feces as indicators              and R. Reeves (eds). The bottlenose dolphin. Academic
                       of harbor seal, Phoca vituhna, foods in the Gulf of Alaska.            Press, Inc. Orlando, Florida. 653 pp. (MMC contract
                       Fishery Bulletin (NOAA) 78(3):797-798. (MMC contract                   MM6AC028)
                       MM5AC011)                                                           Shane, S.H., and D. McSweeney. 1990. Using photo-ident-
                    Pitcher, K.W. 1986. Variation in blubber thickness of harbor              ification to study pilot whale social organization. Reports
                       seals in southern Alaska. Journal of Wildlife Management               of the International Whaling Commission (Special Issue
                       50(3):463-466. (MMC contract MM5AC011)                                 12):259-263. (MMC contracts MM2629899-3 and
                    Pitcher, K.W. 1990. Major decline in the number of harbor                 MM2910859-8)
                       seals, Phoca vituhna, on Tugidak Island, Gulf of Alaska.            Shane, S.H., and D.J. Schmidly. 1976. Bryde's whale
                       Marine Mammal Science 6(2):121-134. (MMC contract                      (Balaenoplera edens) from the Louisiana coast. Southwest
                       T75133261)                                                             Naturalist 21(3):409-412. (MMC contract MM4AC008)
                    Ralls, K. 1989. A semi-captive breeding program for the Baiji,         Shaughnessy, P.D., and F.H. Fay. 1977. A review of the
                       Looles verillifier: genetic and demographic considerations.            taxonomy and nomenclature of North Pacific harbour seals.
                       Pp. 150-156 In W.F. Perrin, R.L. Brownell, Jr., Zhou                   Journal of Zoology, London, 182:385-419. (MMC contract
                       Kaiya, and Liu Jiankang (eds), Biology and conservation of             MM4AC005)
                       the river dolphins. IUCN Species Survival Commission                Sherman, K., and L.M. Alexander (eds). 1984. Variability
                       Occasional Paper No. 3. (MMC contract MM3309828-3)                     and management of large marine ecosystems. AAAS Se-
                    Ralls, K., and J. Ballou (eds). 1986. Proceedings of the work-            lected Symposium 99. Westview Press, Boulder, Colorado.
                       shop on the genetic management of captive populations.                 319 pp. (MMC contract MM1300736-2)
                       Zoo Biology 5(2):81-238. (MMC contract MM2910864-0)                 Sherman, K., and L.M. Alexander (eds). 1989. Biomass
                    Ralls, K., and J. Ballou. 1986. Captive breeding programs for             yields and geography of large marine ecosystems. AAAS
                       populations with a small number of founders. Trends Ecolo-             Selected Symposium 111. Westview Press, Boulder, Colo-
                       gy and Evolution 1:19-22. (MMC contract MM2910864-0)                   rado. 493 pp. (MMC contracts MM4465739-6 and
                    Ralston, F. (ed). 1977. A workshop to assess research related             T-68108614)
                       to the porpoise/tuna problem, February 28, March 1-2.               Shomura, R.S., and H.O. Yoshida (eds). 1985. Proceedings
                       Southwest Fisheries Center Admin. Report LJ-77-15.                     of the workshop on the fate and impact of marine dcbi
                       Southwest Fisheries Service, National Marine Fisheries                 27-29 November 1984, Honolulu, Hawaii. NOAA-TM-,,.,.-
                       Service, La Jolla, California. 119 pp. 6 appendices.                   FS-SWFC-54. 580 pp. (MMC contract MM2629949-7)
                       (MMC contract MM7AC022).                                            Shomura, R.S., and M.L. Godfrey (eds). 1990. Proceedings
                    Ray, G.C., J.A. Dobbin, and R.V. Salm. 1978. Strategies                   of the second international conference on marine debris, 2-7
                       for protecting marine mammal habitats. Oceanus                         April 1989, Honolulu, Hawaii. NOAA-TM-NMFS-
                       21(2):55-67. (MMC contract MM6AC011)                                   SWFSC-154. 1,274 pp. (MMC contract T6224086-6)
                    Reeves, R.R., D. Tuboku-Metzger, and R.A. Kapindi. 1988.               Silber, G.K. 1990. Occurrence and distribution of the vaquita
                       Distribution and exploitation of manatees in Sierra Leone.             (Phocoena sinus) in the northern Gulf of California. Fishery
                       Oryx 22(2):75-84. (MMC contract MM2911037-9)                           Bulletin (NOAA) 88(2):339-346. (MMC contract
                    Reynolds, III, J.E., and R.D. Haddad (eds). 1990. Report of               T62240221-9)
                       the workshop on geographic information system as an aid to          Siniff, D.B., T.D. Williams, A.M. Johnson, and D.L.
                       managing habitat for West Indian manatees in Florida and               Garshelis. 1982. Experiments on the response of sea otters
                       Georgia. Rep. No. 49. Florida Marine Research, Florida                 (Enhydra haris) to oil contamination. Biological Conserva-
                                                                                              tion 23(4):261-272. (MMC contract MM7AD-094)
                       Department of Natural Resources, St. Petersburg, Florida.
                       57 pp. (MMC contract T6223916-5)                                    Smith, T.D. 1981. The adequacy of the scientific basis for
                    Roffe, T.J., and R.R. Mate. 1984. Abundances and feeding                  the management of sperm whales. Pp. 333-343. In M&m_
                       habits of pinnipeds in the Rogue River, Oregon. Journal of             mals in the Seas. FAO Fisheries Series No. 5, Vol. in.
                       Vtrildlife Management 48(4):1262-1274. (MMC contract                   504 pp. (MMC contract MM6AD047)
                       MMSAC003)                                                           Smith, T., and T. Polacheck. 1979. Analysis of a simple
                    Scott, G.P., and H.E. V*rmn. 1978. Assessment of humpback                 model for estimating historical population sizes. Fishery
                       whale (Megaptera novaeangUae) stocks using vertical pho-               Bulletin (NOAA) 76(4):771-779. (MMC contract
                       tographs. Proceedings PECORA IV symposium, National                    MM7AC006)
                       Wildlife Science and Technology Series 3:235-243. (MMC              Smultea, M.A. 1989. Humpback whales off west Hawaii.
                       contract MM7AC029)                                                     Whalewatcher 23(l):11-14. (MMC contract T681089298)
                    Sergeant, D.E., D.J. St. Aubin, and J.R. Geraci. 1980. Life            Southern, S.O., P.J. Southern, and A.E. Dizon. 1988. Mo-
                       history and northwest Atlantic status of the white-sided               lecular characterization of a cloned dolphin mitochondrial
                       dolphin, Lagenorhynchus acutus. Cetology 37:1-12.                      genome. Journal of Molecular Evolution 28:32-42. (MMC
                       (MMC contract MM5AC008)                                                contract MM29100998-2)
                    Shallenberger, E.W. 1977. Humpback whales in Hawaii:                   Stone, G.S., S.D. Kraus, J.H. Prescott, and K.W. Hazard.
                       population and distribution. Oceans '77. Marine Tech-                  1988. Significant aggregations of the endangered right
                       nology Society, Institute of Electrical and Electronics Engi-          whale, Eubalaena glaciahs, on the continental shelf of
                       neers, p. Hawaii C1-7. (MMC contract MM7AC014)                         Nova Scotia. The Canadian Field-Naturalist
                    Shane, S. 1978. Suckerfish attached to a bottlenose dolphin.              102(3):471-474. (MMC contract T6223913-6)
                       Journal of Mammalogy 59(2):439-440. (MMC contract                   Swartz, S.L. 1981. Cleaning symbiosis between topsmelt,
                       MM6AC028)                                                              Atherinops affinis, and gray whales, &chrichlius robustus,
                    Shane, S.H. 1990. Occurrence, movements, and distribution                 in Laguna San Ignacio, Baja California Sur, Mexico.
                       of bottlenose dolphin, Tursiops truncatus, in southern Tex-            Fishery Bulletin (NOAA) 79(2):360. (MMC contracts
                       as. Fishery Bulletin (NOAA) 79(3):593-601. (MMC                        MM8AC005 and MM1533497-8)
                       contract MM6AC028)

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                                                                                                              Appendix C - Selected Literature


             Swartz, S.L. 1986. Gray whale migratory, social and breed-             Tillman, M.F., and G.P. Donovan (eds). 1983. Special issue
                ing behavior. Reports of the International Whaling Com-                on historical whaling records. Reports of the International
                mission (Special Issue 8):207-229. (MMC contracts                      Whaling Commission (Special Issue 5). 490 pp. (MMC
                MM7AC008, MM8AC005, MM1533497-8, MM2079219-4                           contract MM7AC017)
                and MM2324713-8).                                                   Trieas, T.C., L.R. Taylor, and G. Naftel. 1981. Diet behav-
             Swartz, S.L. 1986. Demography, migration, and behavior of                 ior of the tiger shark, Galeocerdo cuvier, at French frigate
                g
                   y whales &chrichlius robustus (Lilljcborg, 1861) in San             Shoals, Hawaiian Islands. Coptia 1981:904-908. (MMC
                 ra.                                                                   . contract MM7ACOI 1)
                Ignacio Lagoon, Baja California Sur, Mexico and in their
                winter range. Ph.D. Dissertation. University of California,         Van Wagenen, R.F., M.S. Foster, and F. Bums. 19%1. Sea
                Santa Cruz, California. 85 pp. (MMC contracts                          otter predation on birds near Monterey, California. Journal
                MM7AC008, MM8AC005, MM1533497-8, MM20792194,                           of Mammalogy 62(2):433-434. (MMC contract
                MM2324713-8, MM2911098-4)                                              MM7AC023)
             Swartz, S.L., and M.K. Bursk. 1979. The gray whales of                 Villa-R., B. 1976. Report on the status of Phocoen4 sinus,
                Laguna San Ignacio after two years. Wbalewateber                       Norris and McFarland 1958, in the Gulf of California.
                                                                                                                                       les- Serie
                13(l):709. (MMC contracts MM7AC008 and MMSAC005)                       Universidad Nacional Instituto De Biologia Ana
             Swartz, S.L., and M.L. Jones. 1993. Gray whale (Eschrich-                 Zoologia 47(2):203-208. (MMC contract MM6AD052)
                lius robuslus) calf production and mortality in the winter          Wells, R.S., A.B. Irvine, and M.D. Scott. 1980. The social
                range. Report of the International Whaling Commission                  ecology of inshore odontocetes. In L.M. Herman (ed).
                33:503-508. (MMC contracts MM7AC009, MM1533497-8                       Cetacean behavior: mechanisms and processes. John
                and MM2079219-4)                                                       Wiley & Sons, Inc., New York. (MMC contracts
             Swartz, S.L., and M.L. Jones. 1994. Gray whale mothers                    MM4AC004 and MMSAC0018)
                and their calves. Oceans 17(2):47-55. (MMC contracts                Whitehead, H., K. Chu, J. Perkins, P. Bryant, and G.
                MM7AC009, MM1533497-8 and MM2079219-4)                                 Nichols. 1983. Population size, stock identity, and distribu-
             Swartz, S.L., and M.L. Jones. 1997. Gray whales at play in                tion of the humpback whales off West Greenland - sum-
                San Ignacio Lagoon. National Geographic Magazine                       mer 1981. Report of the International Whaling Comrrds-
                (76):755-771. (MMC contract MM7AC008, MMSAC005,                        sion 33:497-501. (MMC contract MM2079259-2)
                MMI533497-8, MM2079219-4 and MM2324713-8)                           Williams, T.D., and F.H. Kocher. 1978. Comparison of
             Swartzrnan, G.L. 1984. Present and future potential models                anaesthetic agents in the sea otter. Journal of American
                for examining the effect of fisheries on marine mammal                 Veterinary Medical Association 173:1127-1130. (MMC
                populations in the Eastern Bering Sea. In B. Melteff (ed).             contract MM7AD-094)
                Proceedings of the workshop on biological interactions              Williams, T.D., and L.T. Pulley. 1983. Blood collection,
                among marine mammals and commercial fisheries in the                   hematology and blood chemistry in the sea otter. Journal of
                Southeastern Bering Sea. Alaska Sea Grant Report 84-1.                 Wildlife Diseases 19(l):44-47. (MMC contract
                (MMC contract MM1900969-5)                                             MM7AD-094)
             Swartzman, G.L., and R.T. Haar. 1983. Interactions be-                 Williams, T.D., and D.B. Siniff. 1983. Surgical implantation
                tween fur seal populations and fisheries in the Bering Sea.            of radiotelemetry devices in the sea otter. Journal of the
                Fishery Bulletin (NOAA) &(1)-121-132. (MMC contracts                   American Veterinary Medical Association 193(11). (MMC
                MM1800969-5 and MM2629737-6)                                           contract MM7AD-094)
             Swartzman, G.L., and R.T. Haar. 1985. Interactions be-                 Williams, T.D., A.L. Williams, and D.B. Siniff. 1981.
                tween fur seal populations and fisheries in the'Bering Sea.            Fentanyl and azaperone produced neuroleptanalgesia in the
                Pp. 62-93. In J.R. Beddington, R. Beverton, and D.M.                   sea otter. Journal of Wildlife Diseases 17(3) July 1981.
                Lavigne (eds). Marine Mammals and Fisheries. George                    (MMC contract MM7AD-094)
                Allen and Unwin. London. 354 pp. (MMC, contracts                    Wfirsig, B., and B. Tershy. 1989. The baiji: perhaps the most
                MM1900969-5 and MM2629737-6)                                           endangered of them all. Whalewatcher 23:3-5. (MMC
                                                                                       contract T6223922-0)






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