Marine Mammal Commission annual report to Congress : 1991

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

MARINE MAMMAL COMMISSION

Annual Report to Congress

1991

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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

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

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

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.

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.

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. � 17.11

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

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-

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

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

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

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

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

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

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

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-

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

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

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

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

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

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

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.

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

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.

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

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

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

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

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

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

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

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

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

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

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.

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.

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

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,

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

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

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.

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

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-
� 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
� 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
� 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.

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-

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

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

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-

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

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

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

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

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

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

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

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.

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

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

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

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

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-

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. �
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. � 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

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

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-

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.

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.

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-

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-

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

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

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

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-

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

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-

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

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

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

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.

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

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-

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.

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

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

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

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

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
� 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
� 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
� 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-

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

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-

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

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.

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.

MARM MAMMAL COMMISSION - Annual Report for 1991

� 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
� 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.
� 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
� 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

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.

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

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

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

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

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

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

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

100

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-

101

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

103

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

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
� 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
� 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
� 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
� 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-
� 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
� 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.

114

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.

115

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

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
� 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-
� 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-
� 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

123

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,

125

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

127

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

129

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-

130

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

131

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-

136

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

137

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-

139

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.

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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

145

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

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.

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

153

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.

155

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

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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.

163

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.

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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.

169

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. � 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

175

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

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

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

180

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

181

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

183

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

193

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.

194

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

195

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

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.

203

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

204

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

205

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.

206

Appendix A - Commission Recommendations

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.

207

MARINE MAMMAL COMMISSION - Annual Report for 1991

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.

208

Appendix A - Commission Recommendations

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

209

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.

210

Appendix A - Commission Recommendations

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.

211

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

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

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)

218

Appendix B - Reports of Commission-Sponsored Activities

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orders, call (703) 487-4650.

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.

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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)

224

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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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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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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).
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