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Protection -' 

Act of 1972 

Annual 

Report 1979-80 '! 

Y .S. DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric Adrnlnlstmtion 

National Marine Fisheries Service 
Cover : 

Painting of sperm whale on front cover 

and painting of dusky dolphin on back 

cover by Richard Ellis. 
Marine Mammal 

Protection Act of 1972 

Annual Report 

April 1, 1979, to March 31, 1980 

U.S. DEPARTMENT OF COMMERCE 

Philip M. Klutznick, Secretary 

National Oceanic and Atrnosphtsric Administration 

Richard A. Frank, Administrator 

National Marine Fisheries Service 

Teny L.. Leitzell, Assistant Atlrninistrator for Fisheries 
THE SECRETARY OF COMr 

Washington, D.C. 20230 

Dear- Sirs: 

It i.s my honor to submit to you the Annual Report of the 

Department of Commerce concerning administration of the 

Marine Mammal Protection Act of 1972 for the period of 

April 1, 1979, through March 31, 1.980, as required by 

Section 103 (f) of the Act. 

The Act makes the Department responsible for whales and 

porpoises of the order Cetacea and seals and sea lions of 

the suborder Pinnipedia. The enclosed report details the 

activities of the Department concerning these marine 

mama l s . 

Enclosure 

President of the Senate 

Speaker of the House 
Introduction .................................................. 1 

Summary - 197'9-80 program ..................................... 2 

Part I - Marine mammal pro?.ram ..................................... 5 

Howhead whales .................................................. Management ................................................... Research .................................................... 3 

liawaiian monk seal ............................................. 7 

Management .................................................. 7 

Research ..................................................... 7 

Incidental take of porpoise in the ~rellowf in tuna f istiery ..... 8 

llanagement .................................................. 8 

Research .................................................... 10 

Proposed regulations/northern offshore spotted dolphin ...... 10 

Marine mammals - commercial fisheries ......................... 11 

State-Federal contracts ....................................... 12 

Returning management of marine mammals to Alaska .............. 12 

Permits for public display and scientific research ............ 12 

Marine mammal care and maintenance .......................... 13 

Letters of agreement ........................................ 13 

Management information system ............................... 13 

Tanners and agents for native handicrafts ...................... 14 

Marine mammal stranding network ............................... 14 

Ii:nforcernent of the MMPA ....................................... 115 

International programs ........................................ :i7 

International Whaling Commission ............................ I17 

Antarctic Ljiving Marine Resources ........................... 117 

North Pacific Fur Seal Commissio.n ........................... 19 

Inter-American Tropical Tuna Com.xfssion ..................... 19 

United Stgtes - Mexico discussions .......................... 19 

International North Pacific Fisheries Commission ............ 20 

Convention on Conservation of Migratory Species ofi Wild 

Animals .................................................... i?O 

U.S .- U. S . S .I I. Elarine Mammal Pro jlsct ......................... ;'1 

].&gal actions ... .............................................. ;11 

Cetacean program .............................................. 23 

Bottlenose dolphins ......................................... :I3 

Dall porpoise ................................................ 23 

Gray whale ., ......................................*.......... ;!4 

Management ................................................. ;!4 

Research .................................................. 24 

Humpback whale ............ ................................... i!4 

Management ................................................ 24 

Research ................................................... 25 

Whale stock assessment ....................................... 25 

iii 
Pinnipeds on San Miguel Island, i'Jalif..........................25 

Pribilof Isl-ands program - northern fur seal..................26 

Funding ....................................................... 27 

Part 11 - Appendixes 

A - Tables 1-2: Incidental take of marine mammals/commercial 

fishing operat ions 

3-10: Scientific research and public display permit 

B - Laws and treaties governing ithe protection of marine mammal 

C - Federal Register notices and regulations 
Figure 1.--Painting of bowhead whale by Richard Ellis. 

v 
INTRODUCTION 

The marine mammals that are familiar to us today, the dolphins, whale, 

seal:; and sea lions, are descendants of' a group of mammals that left 

land for a life in the sea more than 50 million years ago. These 

warmblooded, air-breathing animals give birt'h to live young and nouri 

them with milk. Some of these marine mammal populations are healthy a 

stable; others, especially those of the great whales, have not recover 

from previous years of intense exploitation. 

Over the years, many group!; in the Unit:ed States, both public and 

private, have promoted the conservation of marine mammals. Passage of 

the Marine Mammal Protection Act of 197'2 (the Act or MMPA), however, 

committed this nation to continuing long-term management and research 

prog,rams to conserve and protect these animals. The Marine Elammal 

Protection Act imposed a moratorium on taking and importing marine 

mammals or their products, with exceptions, in the United States. The 

Act applies also to persons subject to U.S. jurisdiction on the high 

seas. In 1976, the Fishery Conservation and Management Act expanded 

U.S. control of marine mammals to include the 200nile fishery 

const:rvation zone (FCZ) . The ,4ct gave responsibility and authority for oceanic marine mammals tt 

the :Secretary of Commerce as the depart.ment in which the National 

Oceanic and Atmospheric Administration (NOAA) operates. The National 

Marine Fisheries Service (NMFS), under NOAA, is responsible for the 

order Cetacea (whales and porpoises) and the Suborder Pinnipedia (seal 

and :sea lions), except walruses. The Act gave the Department of the 

Interior (DOI) responsibil.ity for dugongs, manatees, polar bears, 

walruses, and sea otters. The moratorj.um doles not apply to mammals 

already managed under international agreements, such as the northern 

seal. The Act allows the take of marine mammals under permit for 

sciei~tific research, public:: display, and incidentally in commercial 

fishing operations. The Act provides for native take of marine mamma" 

in t'he North Pacific Ocean and Arctic Ocean, waivers of the moratoriuni 

and for the return of management to the States. Economic hardship and 

commercial fishing exemption provisions in the Act have expired. 

The NMFS makes decisions om requests for waiving the moratorium, issues 

permits, carries out research programs, enforces provisions of the Act 

publishes rules and regulations to manage marine mammals, cooperates 

with the States, participates in international activities and 

agrel.ments, and maintains ,a close working relationship with the Marine 

Mammal Commission and its Committee of Scientific Advisors which were 

established by the Act. 
The Nstional Marine Mammal Laboratory established in 1979 in Seattle, 

Wash., addresses marine mammal problems from a national viewpoint and 

fulf i Lls U. S. commitments under international marine mammal agreements. 

The laboratory is administered by the Northwest and Alaska Fisheries 

Center. Other NNFS marine nzammal research programs take place at the 

Southwest Fisheries Center, La Jolla, Calif.; the Southeast Fisheries 

Center, Miami, Fla.; and the Northeast Fisheryies Center, Woods Hole, 

Mass. Management programs are carried out at NMFS regional offices in 

Gloucester, Mass.; ,St, Petersburg, Fla.; !3eatt:le, Wash.; Terminal 

Islancl, Calif. ; and Juneau, Alaska. This annual report to Congress 1.s 

available from the ldashington, D.C. , off ice of NMFS, Washington, D.C. 

20235. 

Summary - 1979-80 Program 

The Act noted that for many marine mammals, nclt enough information 

existed to know how best to protect or manage their populations. Since 

1972, MMFS has directed its research and management programs toward a 

better understanding of all marine mammal populations under its 

jurisdiction. Along, with these programs, NPlFS has pursued its mandate 

to protect marine mammals through international as well as domestic 

organizations. For example, the United States has supported a 

moratorium on commercial whaling by the International Whaling Commission 

(IWC) since 1972. That year, the quotas set by IWC allowed the take of 

more than 46,000 whales; this year, the permitted take is less than 

16,000 whales. Although the complete moratorium proposed by the United 

States at the 1979 IWC meeting did not pass, we did achieve a moratorium 

on factory ship operations for all whales other than the small, 

relatively abundant minke , as well as significant reduct ions in other 

commercial catches. The IWC also established a whale sanctuary in the 

Indian Ocean and set a quota of 18 landed or 2b struck for the 1980 

Alaska native hunt of bowhead whales. 

For the past 2 years, NMFS has successfullg marlaged the bowhead whale 

hunt and Eskimo hunters have complied with the quotas established by the 

IWC. 'I'he 1979 hunt ended October 12 when 12 whales had been landed and 

27 had been struck.. The need for more and better data about the bowhead 

whale led NMFS to establish an intensive Arctic cetacean research 

pr ograrn that would provide a more precise estimate of the population, 

its size and dynamics, and the impact of the native harvest. on this 

species. Weather conditions hampered the spring 1979 effort to count 

bowhead whales migrating past Pt. Barrow; however, an excellent estimate 

of 2,264 bowheads had been obtained in 1978. 

The Hawaiian monk seal, declared depleted under the MMPA and endangered 

under the Endangered Species .Act (ESA), was the subject of a draft 

environmental impact statement (DELS) issued by NMFS in February 1980 on 

propose~d critical habitat. Counts of this species indicate that most of 

the populations on the Hawaiian Islands have decreased 50 percent since 

the lat\o 1950's. 
Porpoise mortality caused by the yellobrfin ti a purse seine fishery h 

steadily declined since passage of the MMPA. 1 The incidental take of 

porpoise by the tuna purse seine fishery in 1979 was about 5 percent o 

the inortality that occurred in 1972 when the MMPA was passed. The 

allowed quota for 1979 was 41,610; the mortality was estimated at 

18,000. NMFS sets quotas on individual stoclts of dolphins within the 

overall allowed total and does not allow any take of certain species. 

For example, tuna fisherman cannot take any eastern spinner dolphins 

because they are considered depleted, but they can take varying numbe 

of spotted dolphins, whitebelly spinner dolpl~ins, etc. At the 1979 

Status of Porpoise Stocks CJorkshop, La Jolla, Calif., the northern 

offshore spotted dolphin was found not to be within the range of its 

optirnum sustainable populafrion (OSP), the criteria used to determine 

whether a species can be exploited without harming its populat-ion. In 

February 1980, NMFS issued proposed regulations governing the taking of 

marine mammals associated with tuna purse seining operations for the 

remainder of 1980 and 198l,, The proposed rel;ulations would accept thc 

findings of the workshop and would pr obibit the incidental take of the 

northern off shore spotted dolphin. The proposed regulations allso woull 

make some changes in the requirements for existing gear, observers, ant 

impor tat ion. Formal hearing s on the pr oposed regulations began on Marc 

31, 1980. 

Extension of the authority oE the MMPA to include the 200-mile fishery 

conservation zone increased the number of general permits issued for 

incidental take of marine malnmals by foreign commercial fishing fleets 

operating in the zone. A review of the general permit system and an 

update of information on the status of marine mammals taken incidentall 

in commercial fishing operations were made at a 1979 workshop -in 

Seattle, Wash. A report based on the workshop has been published and 

being used to review applications for g,enera.L fishing permits. 

A permit is required for scientific research or public display of mari 

mammals. Table!; in the Appendix describe the species involved and thc 

actions taken in the permit process. Permit llolders are monitored 

continually to ensure comp:Liance with t.he conditions of the permit. 

Animal and Plant Health Inspect ion Service (APHIS ) , Department of 

Agri~:ulture, the U.S Fish and Wildlife Service (FWS) and NMFS have a 

cooperative agreement on the humane handling, care, treatment, and 

transportation of captive marine mammals. 

Two major strandings of marine mammals occur red in 1979. One involve'd 

mass stranding of 41 sperm whales in Oregon, and another resulted from 

an epidemic of viral pneumonia among the resident harbor seal populatic 

- I' NMFS uses the term porpoise, rather than dolphin, based on past 

usage and to prevent confusion with the dolphin fish, an object of 

sport and commercial fishing., The common name is used, however, when 

discus:sing individual specie!; or stock, such a,? eastern spinner 

dolphin. 
along the New Eqgland Coast. NMFS has legal authority over strande(' 

anlmals, and each region has set up a network to investigate strand 

of Live or dead animals. The def initi~on of "take" in the MMPA cove 

the collection of dead animals or their parts. 

NMF'S enforces the provisions of the PDlPA through its law enforcemert 

division. Most violations involve illegal1.y importing marine mamrw 

parts or product!; into the United States. The division also enforc 

the tuna/porpoise regulations and the conditions set forth in permi 

for scientific research and public display. 

New legal. actions included a suit brought by the American Tunaboat 

Association concerning the dates of the formal hearings of the propos 

regulations on the incidental take of porpoise, a suit brought by grr 

opposing the Beaufort Sea lease sales, and a suit brought by the 

Conservation Law Foundation to stop the Georges Bank lease sale off 

New England coast. 

Two major reports were published in 1979180 that included new 

information on the status of marine mammals. Both the Report - of -- the 

197'3 Status -- of - - Porpoise Stocks Workshop and the 1980 Report Based -- on 

Worltshop on - --Stock Assessment and Incidental Take of Marine Mammals -- - --- - - -- Involved in - Commercial 

-- Fishing Operations -- are available from the NMFS 

off ice, Washington, D.C. 20.235. 

In .1381, NMPS will publish as a part cf this annual report the status 

the stocks of all marine mammals that are the responsibility of the 

Secretary of Commerce. 
Bowhead Whale 

A management prograni regulating the take of bowhead whales by Alaska 

natjves was established by NMFS after the IWC set a quota on the numbt 

of wtlales that could be taken in the 1978 season. The MMPA allows fo 

native su~asistence harvest of whales, and before 1977, the IWC did nu 

regulate the native harvest. The IWC responded to a growing concern 1 

the population of bowheads and set a quota for the 1978 hunt of 12 

lancled or 18 struck, later modifled to 14 landed or 20 struck, whichevt 

occurred first. 'I'he 1979 quota of 18 landed or 27 struck was reached 

October 12, 1979, when 12 whales had been landed and 27 had been strucl 

Sevcb,~ whales were landed in the spring and five in the fall. IMFS 

alloca tes the quotas among the villages that historically have taken 

part in the bowhead hunt. 

For the past 2 years, Eskimo reporting officers have been the primary 

contxct between NMFS enforcement agents and the whaling crews. These 

reporting officers and Alaska Eskimo Whaling Commission (AEWC) 

representatives worked with NMFS agents daily during the whaling seasori 

to Finplement the management program. During the spring 1979 whaling 

season, an Eskimo from Canada, chosen a!; an IWC observer, visited 

several oE the Alaska whaling villages. 

The IlJC s1.t a quota for 1980 of 18 landed or 26 struck, whichever occul 

first. A landed whale is counted as a !;trik.e, and whales that are 

stri11:k but lost are counted as strikes. 

A rc?search program implemented at the National Marine Mammal Laborato. 

has 5een designed to provide a precise estimate of the western Arctlc 

bowt1:ad whale population size, recruitment, distribution and migratiorb 

routres, and the effect of the Alaska native harvest on these stocks. 

Unsafe inshore ice condi ti.ons hampered the 1979 effort to count whalec 

migrating past Point Barrow by Ice camp based observers. Aerial survc 

made during the spring migration supported the previous observations 

that bowheads migrate excl.u!;ively in the nearshore lead. Based on 

obsc:rvations made in spring 1978, the population of bowhead whales 

migrating past Alaska Eskimo whaling villages ranged from 1,783 to 2,8f 

wha.l:s, with 2,264 bowheads considered the best estimate. Before the 

intensive research program began, the bowhead populatiorl had been 

es t ilnated at about 1,300. 

Census research is directed primarily at det.ermining relative abundanc 

or c-nange in the population through time. Studies of bowheads were m 

during cruises in Elarch anti April 1979 aboard the icebreaker 

-- 

Polar Sea, 

cruises aboard ships of opportunity in the Beaufort Sea in the late 

summ~?r, and a cruise aboard the Soviet vessel Avangard in the western 

Chukzhi and Bering Seas in the fall. These efforts provided informatic 

on seasonal distribution and migratory patterns which suggested that 

breeding may begin as early as March. Cruise results in the fall 

revealed a population of bowheads in the Chultchi Sea south of the ice 

f ro~nt. 

Biological work on aging techniques continues. The use of wax ear plu 

for this purpose was not effective; however, the use of baleen plates 

and 'eye lenses is still under investigaltion. A biopsy dart was 

developed and successfully tested for use in 1980 to increase the numbt 

of samples available for karyotyping artd electrophoretic work that will 

be used to evaluate stock :separations. Stored fatty acids in the 

blubber layer are being analyzed for their relation to possible prey 

items. Stomach contents from the five whales taken in the fall were 

recovered and identified. 

Hawaiian Monk Seal 

Manaeement 

NMFS published a DEIS in February 1980 evaluating critical habitat 

alternatives for the Hawaiian monk seal.. After receiving public commer 

on the draft, NMFS will hold a public hearin,< and will issue proposed 

rulenaking, an economic analysis, and a final environmental impact 

statement (FEIS) on the designation of critical habitat. The Hawaiian 

monk seal was declared depleted in July 1976 under the Marine Mammal 

Protection Act and listed as endangered under the Endangered Species A( 

(ESA) in November 1976. The Marine Mammal Commission recommended in 

Decenber 1976 that a portion of the Hawaiian monk seal's range be 

considered for designation as critical habitat. A recovery team for t 

Hawaiian monk seal (an ESA requirement) expects to be operating in 

spring 1980. - 

Research 

---- 

A long-term cooperative study of Hawaii-an monk seal biology was starte: 

in 1976 by biologists at the National Marine Mammal Laboratory; the 

National Bird and Mammal Laboratory, FFJS; and Marine Mammal Commission 

contract researchers. Surveys were macle of the status and trends of ti) 

population, and a population and behavioral study was made at Laysan 

Island, Hawaii in 1977, 1978, and 1979. Recent censuses indicate most 

island populations have decreased 50 percent, on the average, since t1l 

late 1950's. Monk seal polpulations at Kure, Midway, and Pearl Island: 

and IIermes Reef declined 70 to 90 percent in the same period. Lisian 

and L,aysan Island populations have declined 40 to 60 percent, while mc 

seal populations at French Frigate Shoals and Necker Island increased 

duri r~g the same period. 
Incidental. Take of Porpoise in t.he Yellowfin Tuna Fishery 

Management 

The number of porpoises killed durinf, purse seine fishirig for yellowf 

tuna is now about 5 percent of the estiinatecl 350,000 mortalities that 

occurred in 19 72. Gove rnnlent act ions, i n c l u d i n g r e g u l a t i o n s and 

research, encouragement from environmental k;roups and concerned 

cit Lzens, and the cooperat-ion of the tuna fishermen made this dramatic 

rhaq;e possible. A 3-year management program ( 1978-80) includes 

regulations and sets quotas on the number of porpoises that can be takt 

by t.una fishermen. A general permit for 1978, 1979, and 1980 was issui 

under this management program to the American Tunaboat Association. 

Table 1. Observed porpoise mo rtali ty associated with 

purse seine fishing for yellowfin tuna 

Allowed - quota Estimated mortality 

1976 78,000 104,000 

19 7 7 62,429 24,000 

19 78 51,945 19,000 

19 79 41,610 18,000 

1980 31,150 - 

One regulation requires large U.S. tuna purse seine vessels to install 

porpclise apron before receiving a 1979 certificate to fish for tuna 

associated with porpoise and to use specific release procedures on eaci 

set involving porpoise. Other regulat -ia~ns riequire an observer aboard 

each certified U.S. vessel for at least: one trip per year. N4FS 

observers made 76 trips in 1979 onboard U.S. tuna vessels. 

Countries operatirg tuna purse seine vessels in the Eastern Tropical 

Pacific Ocean (ETP') must conform with U.S. r~.gulations, such as 

installing porpoise release gear, before they are allowed to import 

yell owf in tuna products into this count:ry. ILNFS closely monitors the 

degree of commitment shown by each country to reduce porpoise morta1.it.y 

by its tuna purse seine fleets. Table 1 in the appendix lists the 

importation status of countries operati ng puirse seine vessels in the 

ETP. 
i! film, "Tuna Seining and Porpoise Safety," made by the Tuna/Porpoi 

Management Branch, Southwest Region, that illustrates the fishirtg 

operation from start to finish, including the use of porpoise salfet 

gear and proceclures designed to reduc-:e the incidental mortality of 

]:orpoise will be used to train tuna/porpoise observers, skippers, 

('I-ewmen. 

The regulations set quotas on allowecl mortality for each individu; 

species and stocks. Further fishing on that stock is prohibited . the quota is reached. 

Table 2. Allowed porpoi-se mortality for 

individual species and stocks for 1980 

Species or stock 

management units 

Spotted dolphin (offshore) 

Spinner dolphin (whitebelly) 

Common dolphin (northern) 

Common dolphin (central) 

A1 1 owed 

mortality 1/ 

Common dolphin (southern) 1,000 

Striped dolphin (northern) 30 

Striped dolphin (north equatorial ) 28 0 

Elot tlenose dolphin 40 

Others (includes rough-tooth dolphin, 

Fraser's dolphin, Risso's dolphin, 

Pacific whitesided dolphin, and 

shortfinned pilot whale) 

Total 31,150 

1/ Upper limits of allowable U.S. porpoise mortality for 1980 - 

(4% FR 64548, December 23, 1977). 
Research 

Research efforts concentrated on understanding the more subtle causes o 

porpoise mortality by the tuna purse seine fishery. A series of surfac 

and underwater measurements were made in local waters of the Southwest 

Region in September 1979 to find solutions to mortality that occurs 

during the backdown procedure used by the purse seiners. Progress has 

been nade also in the development of a mathematical model of the 

behavior of the purse seine net which will all-ow investigation of 

various net designs to reduce mortality. 

In 1979, NMFS observed high kill rates of the common dolphin during :set: 

of th~ purse seine net. As a result, a study will be made of the 

behavior of this species while it is in the net. The project should 

provide direction for reducing the mortality of the common dolphin. 

The third aerial survey of porpoise populations involved in the tuna 

purse seine fishery was nade during 1979; 288 porpoise herds were 

sighted. Fifty-eight of these sightings were identified as herds of the 

four primary species (spotted, spinner, common, and striped dolphins) 

involved in the fishery. Estimates of population abundance were made 

for the stocks surveyed and are included in the Report - of -- the Status of 

-. 

Porpoise - Stocks Work.shop, 

-- August --- - 27-31, L979. 

The workshop convened an international group of specialists in 

population dynamics to reassess the status of the porpoise stocks 

involvl-d in the tuna fishery. The group reviewed research results on 

the reproductive biology, age structure, behavior, distribution, 

dens it:^, and fishery-related and natural morta-Lity rates of the dolphin 

stocks. 

At the workshop, new descript-ions of the stocks and stock boundaries 

were given; the net reproduct-ive rates were estimated to be in the rangt 

from zero percent to 4 percent; the stock sizes appeared to be lower 

than pi-eviously estimated; the lower boundary of optimum sustainable 

population was raised to 65-80 percent of the pre-exploitation 

populat-ion size, and all stocks, except for the northern offshore 

spotted, eastern spinner, and possibly whiitebelly spinner dolphin 

stocks, were found to be within OS? levels. 

Proposed -- Regulations/Northern - Off shore Spotted -- Dolphin 

AS a result of new biological information presented about the northern 

offshore spotted dolphin (the species most comrlonly set on by the tuna 

purse seine fishery) at the porpoise workshop, hMFS published a DEIS In 

February 1980 for issuing a general permit governing the taking of 

marine n~ammals associated with tuna purse seining operations for the 

remainder of 1980 ancl 1981. Public hearings on the proposal began in 
ffarclh 31 in San Diego. After the Administrative Law Judge makes a 

recoinmenda tion based on the evidence presented at the hearings, the 

final decision will be macie by the Adrinistrator of NOAA. 

The proposed action includes a determination that the stock of norther1 

offljhore spotted dolphin is depleted. A revised allowable take sct-~edui 

for nonprohibited species is presented. No direct taking of depleted ( 

other prohibited species would be permitted. Proposed regulations sta 

the accidental take enforcement policy; add to or modify four gear 

requirements in existing regulations; and modify observer 

responsibilities and importation documentation requirements. The IIEI. 

includes a description of the affected physical, biological, and socio 

economic environment. Adverse economic and cultural impacts of the 

proposed action are predicted for San Diego, Calif., and Piayaguez and 

Ponce, Puerto Rico; the domestic tuna fleet; and U.S. consumers. 

Marine blanmals - Commercial Fisheries 

The Act established a general permit system to allow unavoidable takin 

of marine mammals caught in commercia'l fishing gear and to allow 

fishermen to protect their gear and catch from depredation caused by 

direct conflict with marine mammals. C:eneral permits are applied for 

fishermen's associations or individuals representing large blocks of 

fishermen (e.g., salmon trcllers or anchovy seiners). Once a general 

permit is issued, individual fishermen can apply for Certificates of 

Inclusion that allow marine mammals to be taken under the provisions 

the general permit . 

In 1979, general permits were issued to five domestic fishing 

associations and six foreign fishing associations. (Japan - 3, 

U.S.S.R. - 1, Poland - 2). Table I1 in the Appendix lists the 

general permits applied for in 1979 and includes the number of marine 

manunals requested and the number of marine mammals authorized to be 

taken. 

The‘ increased number of marine mammals requested to be taken by foreil 

fishermen under general permit fishing operations within the U.S. 

fishery zone emphasized the need for a review of the general permit 

system and a need to updatr. information on the status of marine mamm~: 

involved in commercial ff shing operations, especially rn the North 

Pacific. A report based on the workshop on stock assessment and 

incidental take of marine mammals involved in commercial fishing (helc 

in Seattle, Wash., January 1979) is being used to review applications 

for general permits and certificates of inclusion. 

Thl? effects of Fishery Management - Plans (F~IP) on marine mammals ar-e 

considered in the Operational -- Guidelines __ __ for - the -- Fishery PlanagemerE P 

Process, a docurr~ent used by the Regional Management Councils to prepat 

the plans that are required by the Fjshery Conservation and Manageme1 
the MPIPA must be considered. Both draf-t Ft'P's and related National 

Environmental Po-Licy Act (NEPA) documents must identify any potential 

conflicts between a plan and the FQIPA. 

State-Federal Contracts 

As part of a cooperative State1Federa.L research program, the Southwes 

Region and the Southwest Fisheries Center have contracted with the 

Cal-ifornia P!part:ment of Fish and Game to survey and assess the 

invcllvement of marine mammals in established commercial and recreatiol 

fisheries in the State of California. The final report will be used 

further development of a coastal marine mammal research and managemerl 

program which is designed also to aid the State in deciding whether t 

apply for marine mammal management authority. 

The Korthwest Region has contracted with thle Washington Department of 

Fish and Game to study fishery and marine mammal interactions on the 

Columbia River and adjacent waters. 

Re turning Planagement of 1,l;irine l'.lammals to Alaska 

The decision to return conditionally the management of seven species o, 

marine mammals to Alaska was published January 9, 1979, concurrent wit1 

a decision by the U.S. Fish and Wildlife Service to return conditional: 

the management of three other species. The regulations stipulate that 

marine mammal management will be returned when Alaska revises its own 

laws and regulations to conform with the Act and with Federal rules. 

Changes in State laws and regulations will be subject to public revie1 

and comment before the Department of th~e Interior (DQI) and the 

Department of Commerce (DOC) give final approval to lifting the prest 

ban. 

In 1973, Alaska requested DO1 and DOC to wai-ve the Federal moratoriu~i 

taki rng these animals and ret-urn management authority to the State. 

Foll-owing lengthy public hearings on Alaskaqs request, the presiding 

admi-nistrative law judge issued in 197 7 a "recommended decision" f incl 

the State's request in accordance with the provisions and policies or 

the Act. The judge recomrr~er~ded waiving the moratorium, with a limit c 

the numbers of animals taken annually, and returning management to thr 

State. In tlarch 1978, the two Departments forwarded the Environmental 

Protection Agency the required FEIS. 

Pel-mits for Scientific Research and Public Display of flarine flamrnals 

The use of marine mammals for research and public display is controllet 

by permit, Letter of Agreement, or other specific autliorization. A 

major objective of this system is to ensure that the removal of anl~mal 

frorr the wild will not harm the populatfons or the ecosystems they 

inhabit. Permit applications are subjlect to review by the Marine llamn 

Comrr~i-ssion and the public. Notices of permit applications, issuances 
and modifications appear in the Federal Register. During this repch - period, 65 applications were considered of which 45 have been reso 

2d permits were issued; and 60 modifications , amendments, or 

alithorizations to permits were made. In addition, hT1FS monitored ; 

permits with current valid authorizations for take or related 

activities. 

Plarine Mammal Care and Pla intenance - 

The Animal and Plant Health L~spection Service (APHIS), Department 

A):riculture, published final regulations and standards under the Ar, 

Welfare Act (AWA) governing "tlarine F1amma.L~; Humane Handling, Care, 

Treatment, and Transport~ation." These standards are incorporated aq 

conditions to all permits issued, bcth foreign and domestic, that 

involve captive marine mammals. All permits issued before the 

publication of these standards have been modified to replace the 

conditions regarding care and maintenance with the Department of 

Agriculture's regulations and standards. The three agencies (APHIS, 

FIJS, and bD1FS) have entered into a Cooperative Agreement that would 

ensure that standards are applied uniformly to all marine mammals ir 

captivity; provide appropriate, consistent guidance to persons 

responsible for the marine mammals; and ensure that all responsibili 

of the agencies relative to the humane handling, care, treatment, an 

trsnsportation of marine rnammals are met through the effective use ( 

personnel and the unique capabilities of each agency. 

Letters of Agreement 

Letters of Agreement have proved an effective way to ensure that li 

marine mammals not covered by permit are provided the same level of 

and maintenance as required for animals taken under permit. Their 

is limited to animals already in captivity and usually involves pla 

rehabilitated beached and stranded animals into a suitable public 

dl-splay facility. For U.S. facilities, a satisfactory inspection b 

APHIS is required. Animals may be placed in a foreign facility unr' 

Letter of Agreement only if the facility holds a valid PIMPA permit 

the species involved. IXlring this re,portjng period, 21 Letters of 

Agreement involving 52 animals were issued. 

Pk~lnaaement Information Sys tem 

The computer-based management information system for marine mammal ; 

endangered species permi t data (PIAMES) ha:; accelerated access to pt.1 

records and provides information for .statistical and management neec~ 

This system is being expanded to include inventories by species €OX 

facility holding marine mammals under the mIPA. 

Th12 following tables, generated by MAI\IES, appear in the Appendix and 

provide a detailed overview of the permit program: 
(1) common and scientific names of mari-ne mammals requested in 

scientific research/public display per~nit applications (table 3); 

(2) synopsis of permit applications (table 4); 

(3) cetacean take requested in scientific researchlpublic display 

permit applications (table 5); 

(4) pinniped take requested in scientific researchlpublic display 

permit applications (table 6); 

(5) cetacean take authorized by scientific research/public display 

permits (table 7); 

(6) pinniped take authorized by scien1:ific researchlpublic display 

permits (table 8); 

(7) authorized take for p~ermanent removal from the wild - cetaceans 

(table 9); and 

(8) authorized take for permanent removal from the wild - pinnipeds 

(tahle 10). 

Tanners and Agents for Native Handicrafts 

Marine mammals can be taken by any Eskimo, Aleut, or Indian who dwells 

on the coast of the North Pacific Ocean or the Arctic Ocean if the 

purpose is to create and sell authentic native crafts and clothing. 

Traditional native handicrafts include weaving, carving, stitching, 

lacing, beading, drawing, and painting. To produce these articles, thc 

Act permits the services of a tanner to process hides. 'Tanners and 

agents must apply for and receive Certificates of Registration in orde 

to possess or handle marine mammal parts and products. Since 1973, 11 

tanners and 29 agents have been certified. 

PIarine PLammal Strancling Network 

NMFS encouraged each of it:; Regions to develop a Flarine Plammal Strartdin 

Netw~rk following a workshop on strandings sponsored by the Marine 

Mammal Commission. A stranding organization has been established in 

each Region and can quickly investigate strandings of live or dead 

animals. Each network generally has a scienirific director and a 

regional coordinator. Organizations or individuals may apply for 

memberships. Registered members may collect scientific specimen 

materials, record the event with the Region, and are obligated to assis 

Federal and local officials in the disposal of the animal, if dead, and 

the humane care and treatment, if alive. Records of stranded animals 

are forwarded to the Scientific Event Plert Iietwork, Smit-hsonian 

Institution, Washington, D.C., which publishes the records monthly and 

maintains them in a central computer file. 
Investigation of dead stranded marine mammals can be used as coasta 

zone indicators to monitor environmental changes, bott~ offshore and 

estuaries. For the last 12 years, large collections of frozen tissui 

have been maintained in freezer banks and are available for the anal 

of heavy metals, pesticides, and hydrocarbons. This technique may 

important baseline soyrce of information regarding environmental c11 

in marine ecosystems. Another part of the investigation is to dete 

if the stranding was a result of any violation of the IQlPA. 

Two major strancling events occurred in 1979. The first, a mass 

stranding of 41 sperm whales happened at Florence, Oreg., in June. 

Members of the Northwest Regional net-work assisted State and local 

authorities in investigating and disj~osing of the carcasses. The )!A 

Science Center, Oregon State University coordinated the scientific 

studies. Personnel from the U.S. Forest Service, Portland State 

University, University of Oregon, the! Marine Animal Resource Center, 

Seattle, Wash., and other groups worked on the project. At the time 

the stranding, a professional scient-~fic organization, the American 

Society of Mammalogists, was holding its annual meeting at Corvallis 

Oreg. The stranding provided an opportunity for scientists from sev 

countries to see and work with the sperm whales. 

The second stranding occlurred in the Rortheast and was the result of 

epidemic of viral pneumonia that worked its way northward from Cape 

Bay, Ilass., through the resident harbor seal populations. hT1FS 

personnel from the Kortheast Region worked with the New England 

Aquarium, coordinators of the study. The U.S. Fish and Wildlife 

Service, International Fund for Animal Welfare, ~lassachusetts Genera 

Hospital, Animal and Plant liealth Inspection Service, and the Aquari 

of Cape Cod assisted in the study. Several laboratories including t 

World Health Organizatioms' P.Iicrobiol!ogy Center are culturing the 

mi(2robial organisms involved in the epidemic. 

Enforcement of the FIMPA 

The law Enforcerr~ent Division of hTIFS enforzes the provisions of the 

PTCliPA. Most violations involve the alleged illegal importation of mar 

manmal parts or products. In the Southwest Region (Calif.), however 

most law enforcement activities concern thi? incidental take of porpoi 

by tuna fishermen. 

Contracts to enforce the Act have been renegotiated with the States c 

California, Florida, Oregon, and Washington. State agencies investi? 

possible violations of the Act and refer some to hTIFS for further 

action. State officials monitor marine mainmal capture operations 

carried out under permits issued by NIFS and make inspections of mar 

manmal holding facilities, such as acluariu~ns and zoos. 
A Fla,ssachusetts man charged by NIFS special agents, indicted by a 

Federal Grand Jury and ordered to stand tria:L by a U.S. District Court 

Judge on a criminal charge of harassing two humpback whales on 

Stellwagen Bank on June 3, 1979, was found not guilty. The case of a 

Massachusetts man charged by WFS special agents with harpooning a 

dolphin in Cape Cod Bay in September 1979 has been presented to a 

Federal Grand Jury (February 1980). 

'Table 3. Law enforcement. actions 

(April 1, 1979, to March .31, 1.980) 

Investigations 

1)ocumented violations 

Cases closed by civil penalties 

assessed and/or forfeiture of 

seized contraband 

Cases closed as unfounded 

or for lack of evidence 

Cases pending 

Cases closed through successful 

criminal prosecution 

Investigations resulting in seizures 

Illegal items seized from 

investigations 

Investigations involving illegal 

takings. - 1/ 

The Act defines taking as harassing, hunting, capturing, or 

killing, or attempting any of these actions. 
International Programs 

Ilarine mammals in their wicie-ranging migrations transcend geographical 

and political boundaries far beyond the U.S. 200-mile FCZ. The Act, 

therc fore, includes strong direction on international cooperation and 

coordination. NPlFS represents the United States in many international 

organizations whose goals are to protect and conserve marine mammals. 

Intel-,national Whaling Commission -- ( IWC) 

The U.S. delegation proposed a moratorium on all commercial whaling aL 

the an~ual meeting held in London, July 9-13, 1979. The IWC adopted '1 

major part of that proposal. by enacting a moratorium on factory-ship 

operations for all species except the minke whale. This decision, in 

effect, eliminates Soviet commercial whaling in the North Pacific and 

subsL<intially reduces Soviet and Japanese whaling in the Southern Ocean 

Other accomplishments of the meeting included: the creation of a whale 

sanci:~~lary in most of the Indian Ocean &here commercial taking of any 

whale will be prohibited for 10 years; a worldwide 25-percent reduction 

in the number of whales that can be taken commercially and a 77-percent 

reduction in sperm whale catch limits, and establishment of a data 

processing capability in the IWC. 

The Uilited States will continue to press for a moratorium on all 

commercial whaling, for whaling countries to submit adequate data, for 

program that balances the needs of aboriginal peoples and the need to 

protect whale stocks, and for the elimination of any whaling outside 1W 

Anta1:ct ic Living Marine Resources 

KL'PIFS took part in negotiations to estaklish a conservation convention 

for Living Marine Resources of the Antarctic, a region with abundant 

marine mammal populations. The purpose of the convention is to protei 

the Antarctic ecosystem and all marine living resources not already 

protected under other conventions. A conference to conclude the 

convention is scheduled for the summer of 1980. 

The Convention for the Conservation of Antarctic Seals became effectivl 

)larch 11, 1978, and calls for coordinated management of Antarctic seals 

and exchange of scientific information. The United States, Belgium, 

Chile, France, Norway, South Africa, U.S.S.R., and the United Kingdom 

are pirties to the Convention. Argentina, Australia, Japan, and New 

Zealand have signed, but not ratified the Convention. Chile ratified 

the Convention in February 1980 with a reservation concerning its 

territorial jurisdictions. 

Nor t.h Pacific Fur Seal Commission - (NPFSC) 

At the 22d meeting of the FIPFSC in Washington, D.C., April 1979, the 

U.S. Scientific Committee reported a dclcrease in pups born and a 

cont-inuing decline in the counts of adult female seals on St. George 

Island. St. Geoirge is one of two breieciing islands for the northern f 

seal. in the Prib-ilof Islands off Alaska. The commercial harvest endc 

on St. George Island in 1973 when it das set aside as a research stud 

area. A small subsistence harvest by Island residents is allowed. 1 

purpose of the research is to compare the growth and behavior of an 

unl-~arvested population with that of the harvested Saint- Paul Island 

popula tion. 

In 1979, land harvested by the Soviet Union on Robben and Commander 

Islands in the western North Pacific totalled 5,400 seals. On St. Pai 

Island, 25,702 male seals, primarily 3 and 4 years old, were 

commercially harvested. 

The NPFSC was established by the Interim Convention on Conservation o 

North Pacific Fur Seals of 1957. This treaty, among Canada, Japan, t' 

Uni red States and the Soviet Union, prohibi ts pelagic sealing, provirl 

for coordinated research programs, and arranges for a sharing of skin 

from seals harvested on land among Party Governments. 

1nt.t.r-American Tropical Tuna - Commission -- (IATTC) 

The international tuna/porpoise program approved by the Commission ir 

1977 was reviewed at the annual meeting in October in Panama City, 

Panama. A report was made on the status of' the Commission's effort:; 

place observers on tuna vessels operating jn the eastern tropical 

Pacific. Although the coverage of 78 trips was planned in 1979, on1 

were covered bef~re the end of the year because of administrative 

dif-ficulties, thle transfer of registry involving Canadian and Nicarnj 

vessels, and unusually long fishing trips. Thirty-three of the obser 

cruises were mad. on U.S. vessels. Flexico restated its commitment t( 

por,poise protection and its intention to continue participation in tl 

Conmission's porpoise program, although it withdrew from the Co~rniss~ 

in 1979. Efforts are underway to place observers on vessels of nonIA'CTC members including Venezuela, Netherlands Antilles, and Few 

Zealand. Estimates of porpoise kills compiled from the observer data 

indicate no statistical difference in the kill rate on U.S. and non-l 

vessels. 

United States - Mexico Disc:ussions 

Officials of the U.S. ant1 Mexican governments met in August 1979 to 

consider the U.S. proposed draft bilateral agreement on marine mamma 

conservation. The U.S. officials agreed to consider the Mexican vie 
thal: the principles in the draft agreement should be accepted by both 

sides in a protocol to the 1J.S.-llexicc Agreement on Fisheries of 

Rovember 1976. The United States expressed support for a separate 

agreement on marine mammal. conservation. 

Unit:ed States and Mexican scientists met twice during the year to sha* 

scientific information ancl to prepare for joint studies of gray whale 

in calving areas in Ilexico. In July 1979, the Mexican Government 

established San Ignacio Lagoon as a refuge and tourist-marine attraci 

zone when gray whales are present. 

International Iiorth Pacific - 

Fisheries Commission (IhTFC) 

During 1979, the IJnited Stat-es and Japan continued cooperative marl-ne 

mammal research under the terms of a 19'78 Ilemorandum of Understand~ng 

(MOL) included as part of the International Convention for the High Se< 

Fisheries of the horth Pacific Ocean. The research focuses on the 

impact on marine mammals, particularly Dall porpoise, of the incidental 

take by the Japanese high-seas salmon glllnet fishery. The IKPFC Ad I 

Comrr~j ttee on Marine Plammals held its first meeting at the 1979 Annual 

Fleeting in November, reviewed the marine marr~mal research undertaken 

during 1979, and made plans for the 1980 research program. 

Convention on Conservation - of Migratory Species of Wild Animals -- 

A Conference convened by the Federal Republic of Germany, June 11-23, 

1979, in Bonn, suc:cessfully negotiated the new Convention on the 

Conservation of lligratory Species of Wild Animals. Thirty-two nationc 

supported the Convention, none opposed, and 13 nations abstained 

including the United States, Canada, Japan, Australia, New Zealand anc 

the S'oviet Union. 

Although the United States did not support the Convention, it supporte 

including marine mammals in the Convent:ion because the Conference 

accepted modifications to the draft that were requested by the United 

States. Unacceptable acti~ons, such as including marine fish, caused t 

United States to abstain. Marine mammals listed on the Appendices of 

the Convention are: 

Appendix 1 - blue whale, humpback whale, bowhead whale, right whale and 

bledi terranean monk seal. 

Appendix II - beluga whale and liediterranean monk seal 

Species listed on Appendix I are endangered. Those on Appendix 11 haw 

an "unfavorable conservation status" and require international 

agreements for their conservation. Species not in an unfavorable 

condition, but which would benefit from international conservation 

action, can also be listed on Appendix 11. 
U.S,,-U.S.S.R. Marine Mammal - 

Project, E,nvironnentnl Protection Agreemen -- 

The project provides an opportunity fcr U.S. and Soviet scientists to 

collaborate on research into the biolclgy, ecology, and population 

dynamics of marine mammals of interest to both countries. 

hrling May and June 1979, a Soviet scientisi: participated in a researc 

study with State of Alaska biologists on th~ distribution of ringed 

seals in the Reaufort Sea, the biology and ecology of sea lions in the 

Gulf of Alaska, and on the distributicn and catch of beluga whales in 

the northern Bering Sea. The scientists exchanged information on 

research methodology and obtained new data on distribution, populatior 

size, and biology. 

A Soviet scientist and scientists fror Hubba-Sea World Research 

Inslritute (San Diego, Calif. ) continued joint studies on color patter] 

vari'ltion of cetaceans and development of new techniques for these 

studies. 

Another Soviet scientist spent 3 months working with PNFS scientists a 

the Southwest Fisheries Center on functional morphology of small 

cetaceans. The visit was funded under (an exchange agreement between t 

U.S. and Soviet Academies of Science. 

hri-ng September and October 1979, threle American scientists took par1 

in a research cruise aboard the Soviet whale catcher Avangard 

-- in the 

Beri-ng and Chukchi Seas to study the fall d~~stribution of bowhead and 

gra)l whales. An estimated 150 bowhead 'whales were seen in the 

southwestern Chukchi Sea; rrany gray whales were seen in the southcentral Chukchi and Bering Strait regions. The American and Soviet 

rese,irchers obtained biopsy skin samples from bowheads to study 

chromosome structure for stock differentiation and took extensive 

samples of water and plankton in an eff~~rt 1.0 correlate whale 

dist-ribution and productivity. 

Legal Actions 

American Tunaboat Associat.ion, et al., v. Klutznick, et al. 

Civ. KO. 79-2033-N, U.S. 1E;trict Court, southern District of 

Cali fornia 

The plaintiffs filed a motion to prevent 1JMFS from changing the 

originally announced date for formal hearings to consider proposed 

regulations regarding incidental taking of porpoise in the eastern 

tropical Pacific Ocean tuna fishery. The 01-iginal April 15, 1980, dat 

was moved tentatively by MIFS to February 18, 1980, because of a 

possible need to adjust the 1980 regulations to take into account new 

scientific information suggesting that northern offshore spotted 

dolplhin, a major target species of the tuna industry when fishing "on 

porpoise," may be depleted. 
North Slope Borough et al., - v. Andrus and Frank, D.D.C. Civil Action N 

79-l3193. 

Nati-onal Wildlife Federation - et al., v. Andrus and Frank, Civil Actior -- - No. 79-3199. 

Vill-age of Kaktouik et al., - v. Andrus and Frank, Civil No. 79-3216 

The three plaintiffs said that the decision of the Secretary of the 

Interior to proceed with the joint Fede3ral/Eitate of Alaska Beaufort Sc 

Lease Sale violates Federal law. All three argued that there were 

procedural and su3stantive violations of several Federal laws and 

violations of a trust responsibility to the native American groups. 1 

pla irltif f s alleged violatioris of Section 7 of the Endangered Species Ac 

in the decision to proceed with the sale, including a failure to ensurt 

that the action was not likely to jeopardize the endangered bowhead 

whale, and that the decision to proceed with the lease was an 

irreversible commitment of resources whiich was likely to foreclose 

reasonable and prudent alternatives in violation of Section 7(d). Two 

of the plaintiffs also argued that the lease sale would result in a 

"taking" of marine mammals in violation of the Marine Plammal Protecti 01 

Act. Judge Robinson of the U.S. District Court for the District of 

Columbia denied the plaintiffs' motions for preliminary injunction, T1 

Judge is considering cross-motions for summary judgment. 

Globe Fur Dyeing Corporation - v. United States of America et al., Ci-vil -- No. 78-0693 (D.D.C.) 

In 1979, the plaintiff appealed a decision handed down in November 197 

Briefs have been filed, and the court has held oral argument; no 

decision has yet been issued. 

The case was filed by the Globe Fur Dyeing Corporation which sought to 

have Section 102(b)(2) of the Marine Mammal Protection Act declared 

unconstitutional. This provision prohibits the importation of marine 

mammals including raw, dressed, or dyed fur or skin, if the mammal wa: 

nursing at the time of taking or less than 8 months old, whichever 

occurs later. The plaintiff imported animal skins before passage of t 

Act. 

On November 16, 1978, a Federal judge held that the challenged provisi 

was not unconstitutional and granted the Defendant's (the U.S. ) Ilotior, 

for Summary Judgment. The Jiudge found this provision rationally relati 

to t'he goals of the Act, such as conservation and preservation of 

aesthetic and ethical values. 

Hopson v. Kreps, Civil No. A78-184, D.C. Alaska 

Alaslta natives seeking to invalidate regulations that restrict their 

taking of bowhead whales filed this case in 1978. During the past yea 
plaintiffs filed an appeal. and briefs were tiled by both parties. The 

plaf~ntiffs' motion for an expedited appeal was denied by the Ninth 

Circuit, but at the request of both parties,, that motiori is being 

reconsidered. 

Con:;ervation Law Foundation et al. , V. Andrus and Kreps, Civil Action 

No. 79-1585 (1st Cir, 1971n 

The plaintiffs argued that the Georges Bank Lease Sale 1/42, off the Net 

Eng land coast , will violate several Federal laws including the 

prollibition in Section 7(d) of the Enclangered Species Act to not make 

irreversible commitment of resources blhich are likely to foreclose 

reasonable and prudent alt~ernatlves that would avoid jeopardizing the 

right of humpback whales. In denying plaintiffs's motions for a 

preliminary injunction, the District Court in Massachusetts held that 

such commitments were made because lease stipulations conditioned t.h~ 

rights of successful lease applicants. The first Circuit upheld the 

District Court, finding that the Endangered Species Act will contiriue t 

apply to actions taken by the Secretairy of Interior subsequent to the 

lease sale areas. 

Cetacean I'r ogran 

Bot. t.lenose Dolphin -- 

The Southeast Fisheries Center awarded contracts to make aerial surveys 

of the bottlenose dolphin in three loca~tions in Florida and Texas and r 

tag and assess the structure and life history of a local herd of 

dolphins off the Florida coast. These studies are being made because 

not enough information is known about t:he population numbers of this 

popular marine mammal which is frequently requested for public displa. 

Dali Porpoise 

Scivntists from !:he National Marine Mammal Laboratory and the Japanesc 

Fik'heries Agency are cooperating in a :)-year research program to 

evaluate the effect on the Dall porpoise by the Japanese high-seas 

salrnon gillnet fishery. Not enough ds1.a existed previously to detemi 

cur. rent population size, annual incidental take levels, or the 

reproductive and natural mortality rates of the affected populations. 

For 1978 and 197'9 the Japanese Fisheries Agency reported a total 

incidental take of 829 for each year. This figure includes 27 and 20 

porpoise, respectively, taken by salmon research vessels. The number 

an]-mals taken was subs tarlt~ally lower than the 20,000 annual take 

estimated from data collect-ed in the 1964-65 fishing season. The 

decrease has been associated with changes in fishing effort, area, and 

gear. Before conclusions can be made, however, the relationship betweer 

f islning effort and incidental take must be determined. 
The Ja1:anese Fishery Agency made availabl~? in 1979 a vessel dedicated to 

marine mammal and salmon research. Studi12s were made on Call porpoiscl 

acoustics and behavior, the acoustical property of gillnets, and the 

characteristics of the gillnets in relation to entanglement of marine 

mammals, Scientific teams were assigned to four Japanese motherships in 

the 1978 and 1979 salmon fishing season to gather information on 

incidental take and t-o obtain biological da~ta and specimens for 

determining the life history, identity and discreteness of stocks. 

United States marine mammal biologists made independent sighting surveys 

on Japanese research vessels; these surve:ys were used to estimate the 

abundance and to calculate the distributior, and migration of Dall 

porpoise. A report evaluating the data collected during the 3-year 

study will be available in 1981. 

Gray Whale 

Management. In 1978, the DJC removed the gray whale from protected 

status because the population had been restored to precom~ercial 

exploitstion levels. An increasing number of people, however, watch the 

gray whale's yearly migration along the Pacific coast; these 

observations may harm the whales. As a result, the TINES published 

guidelines for whale watching off the California coast. Failure to 

observe the guidelines may be interpreted as harassment, an illegal 

activity under the IDLPA. The Southwest Rc.giona1 Office published a 

brochure about the gray whale, including t:he guidelines,in cooperation 

with this American Cetacean Society. Copies are available from the MfFS 

Southwest Region, 30Cl S. Ferr:y Street, Terminal Island, Calif. 90731. 

Researcln. During the first year of a 5-year cooperative research 

th scientists from the blexican Ikpartment of Fisheries, a - - 

census (sf gray whales was taken, a photoiclentif ication study was made, 

and 29 whales were visually tagged in Laguna Ojo de Liebre, Baja 

California. Six stranded animals were found and measured, and two were 

autopsied. 

Annual shore censuses of southward migrating gray whales have been made 

for the past 12 years from points near Ilon~terey, Calif. A series of 

aerial transects and ground truth studies were made during the 1978179 

southward migration to determine what proportion of whales pass out of 

sight of the shore observers and to identify and measure observer bias 

in estimating the number of individuals in each group and its distance 

from shore. Gray whale censuses are also made in Alaska. Census data 

indicate about 16,500 gray whales migrated through this area. An 

e~timatt:~d 11,929 gray whales migrated south out of the Bering Sea past 

Cape Sarichef, Unimak Pass, Al.a:;lta, during November and December 1978. 

FIum~back Whales 

hlanagement. Over 60 percent (650) of the entire North Pacific 

population of the humpback whale winter in the coastal waters off the 
main islands of Hawaii. These marine giants have been slow to recovc 

from years of overexploitation; only about 5 percent of the estimatra 

original populat.ion exists today. hMFS published a Notice of 

Interpretation (NOI) in the Federal Eiegister, January 4, 1979, of 

"taking by harassment" of humpback dzles in the Hawaiian Islands ar 

to protect the humpback from a rapidly growing number of whale watch 

Portions of the NO1 have been sumrnar<ized in a brochure distributed t 

private boaters, whale watchers, air:Lines serving Maui, and the gene 

putllic. 

Research. A census of humpback whales that winter on the shallow b ---- 

around the main Hawaiian Islands was made in February 1979, resultil 

a count of 425 whales, compared with 364 in 1976, 409 in 1977, and 3 

in 1978. Estimates indicate that the total population on the 1,976 

square miles of the banks is between 550 and 790, with a mean estimn 

of 650. The most important areas arc: Penguin Bank with 307 whales, a 

the Auau Channel and confluent waters in the lee of Molokai and Maui 

with 172 whales. 

Whalle Stock Assessment. Studies con1:inue at the Natlonal Marine Mam~ 

Laboratory to assess the effects of whaling on the status of whale 

stocks under IWC: management jurisdic1:ion. Scientists are reviewing 

theory on the population and ecosystem dynamics of whales and are 

developing an automated retrieval system for whaling data from all oct 

areas. 

Pinnipeds on San Miguel Island, Calif. 

Six. species of pinnipeds, the Califorrlia sea lion, northern sea lion, 

northern fur seal, Guadalupe fur seal, harbor seal, and northern 

elephant seal, haul out on San Migue:L Island. The Northwest and Alas 

Fisheries Centeir has studied the population, biology, and behavior oi 

these marine mammals since the discovery of a northern fur seal bree 

colony at Adams Cove in 1968. The fur seal colony has grown each ye 

although the most dramatic increase has occurred since 1973. In 197 

421. pups were born on the Adams Cove P,ookery, and in 1978, 635 pups 

born, representling the greatest single successive year increase in 

pup population (50.8 percent) since :;t.udies began. In 1979, 834 pul 

were born, a 31--percent increase over 1978. The number of fur seal 

bol-n on Castle Rock, a small islet 2 miles north of the west end of 

Miguel Island, has also increased frcxrn 95 in 1972, the year of its 

discovery, to 653 in 1979. 

Tbe California sea lion population appears to have stabilized wit.h 7 

tc 8,000 pups born each year from 1975 to 1978 (about a 20-percent 

increase from the early 1970's). Th12 count of pups born in 1979 was 

8,800. California sea lions and northern fur seals ccmpete for rookc 

space, because both species pup and breed at the same time at Adams ( 
and Castle Rock. Studies of interactions between the two species 

suggest that the less abundant northern fur seal. is slowly displacing 

the California sea lion. 

The Pribilof Islands Program -. Northern Fur Seal 

The Fur Seal Act of 1966 charges the Secretary with management of the 

northern fur seal and administration of the Pribilof Islands. This Act: 

implements the Interim Convention on Conservation of North Pacific Fur 

Seals by providing for an annual seal harvest and for scientific 

research on the fur seal ecosystem. The Act further provides for the 

employment of Aleut residents in the seal harvest and for the social and 

economic needs of the Island communities. 

Federal involvement is gradually diminishing on the Pribilof Islands as 

the Aleut people assume greater responsibility for municipal functions. 

For example, in 1979 the community of St. George took over the operation 

of their grocery store and the City of St, Paul now manages the St. Paul 

Airport. The Aleut residents of the Pribilof Islands are exploring new 

economiz pursuits that will further decre~~se dependence on Federal 

programs. The transfer of most Federal land and buildings to the 

village corporations was completed on January 18, 1979, and only about 3 

percent of the land on St. George and 5 percent of the land on St. Paul 

is now federally owned. 

The Interim Convention on Conservation of North Pacific Fur Seals will 

expire in October 19E10, unless the Party Govern~nents (Canada, Japan, the 

Soviet Union and the United States) agree to extend the terms of this 

treaty. In July 1979, hYIFS published a draft environmental impact 

statement (DEIS) that outlined the alternatives of extension, 

renegotiation, or termination of this treaty. 130th the biological 

consequences and the social and economic impacts on the Aleut residents 

of the Pribilof Islands are detailed in this document. In January 1980, 

following hearings on the draft EIS, consideration of public comments 

and consultation with interested groups, other agencies and Party 

Governments, IQIFS recommended to the Department of State that the 

Convention be extended for 4 additional years, with minor modification 

in the enforcement provisions to reflect extended fishery jurisdictions. 

A Protocol extending the treaty, accompanied by a final EIS, will be 

sent to the U.S. Senate for ratification prior to the October 1980 

expiration date. 
Funding 

Currently available funding for marine mammal related activities in 

fiscal year 1980 (October 1, 1979, through September 30, 1980) is 

$7., 823,000 with 102 posit.ions. Last fiscal year, FY 1979, $7,337,00! 

and 104 positions were appropriated. Funding authorization is exten 

from the Marine Mammal Protection Act, Endangered Species Act, Fur S( 

Acic, and other sources. Funding for the P~cibilof Islands program 

($5,708,000 in 1979 and $5,715,000 in 1980) is authorized through the 

Fur Seal Act. 
Figure 4. --Painting of blue whale a1711 calf 1.y I nrrl br- 
PART I1 - APPENDIXES 

Appendix A - Tables. 

Tables 1-2 - Incidental take of marine man~mals/commercial fishing 

operations. 

Tables 3-10 - Scientific: research and public display permits. 

Appendix B - Laws and treaties governing the protection of marine 

maamals. 

Appendix C - Federal 

-- - Register notices and regulations. 
Table 1. List of Nations Determined To Bz opera tin^ Tuna Purse Seine Vessels 

in the Eastern Tropical Pacific Ocean and Their Importation Status in 1

Bermuda 

Canada 

Congo 

Costa Rica 

Ecuador 

Korea 

Xexico 

Setherlands Antilles 

Sew Zealand 

4 Sicaragua 3 Panama 

Peru 

Senegal 

Spain 

Venezuela 

Total of (b) 

T.S.A. 

Total 

Date of "Finding" of 

Conformance with Date of Subsequent 

U.S. Regulations Import Prohibition 

January 20, 1978 

0ctober 27, 1977 (a 

September 5. 1978 Fcbruarv 20. 1980 

February 6, .1978 (a) 

October 27, 1977 

October 1, 1979 

October 27, 1977 

October 27, 1977 

August 16, 1978 

December 22, 1977 

December 30, 1977 

January 1, 1978 (a) 

September 5, 1978 February 1, 1980 

September 5, 1978 (a) 

July 17, 1978 

11 Controlled yellowfin regulatory area. .- 

21 Carrying capacity in U.S. short tons. - 

31 Rounded. - 

Purse Seiners 

Number Capacity 

(a) Tuna products currently embargoed under provisions of the Fishery Conservation and ?lanng

COMMON AND SCIENTlFIC NAPIES OF URINE MAMMALS INVOLVED IN 

SCIENTIFIC RESEARCH/PUBLIC DISPUY PERMIT APPLICATIONS 

CETACEANS 

COMMON NAME 

Atlantic White-Sided Dolphin 

Baird 's Beaked Whale 

Black Right Whale 

Blainville 's Beaked Whale 

Blue 'Whale 

Bottlenose Dolphins 

Bottl~?nose Whales 

Bowhead Whale 

Bryde's Whale 

Common Dolphin 

Cuvier 's Beaked Whale 

Dall Porpoise 

Dusky Dolphin 

Dwarf Sperm Whale 

False Killer Whale 

Fin Whlle, Finback 

Finless Porpoise 

Fraser"~ (Sarawak) Dolphin 

Gray Whale 

Harbor Porpoise 

Hubb ' 6, Beaked Whale 

Humpback Whale 

Killer Whale 

Lagenorhynchine Dolphins 

Long-Fj nned Pilot Whale 

Plelon-I-Ieaded Whale ,, Electra 

Minke hlhale 

Northern Right Whale Dolphin 

Pacific White-Sided Dolphin 

Pilot krhales 

Pygmy Killer Whale 

Pygmy Sperm Whale 

Right Whales 

Risso's Dolphin, Grampus 

Rough-'Toothed Dolphin 

Sei Whale 

Short-Finned Pilot Whale 

Southern Right Whale 

Sperm Whale 

Spinne r Dolphin 

Lagenorhynchus acutus - Berardius -- bairdii -- 

-- Balaena glacialis 

bleso~lodon --- densirostris 

Balaienoptera musculus 

-- Tursiops sp. 

-- Hype roodon sp. 

-- 

Balaena mysticetus 

Balaeno~ tera -- ede: 

-- Delphinus delphis 

-- Ziphius cavirostris 

Phocoenoides dallii 

Lagerlorhynchus obscurus - 

Rogia simus -- P 

Pseudorca crassidens 

Balaenoptera physalus 

.- 

Neophocaena phocaenoides 

Lagenodelphis hosei -- 

Eschrichtius robustus - 

-- Phocoena phocoena 

Mesoplodon -- carlhubbsi 

Megaptera novaeangliae 

0rcin.u~ orca - 

Zagenorhynchus sp. 

Globice~hala melaena 

Peponocephala electra -- 

Balaenoptera acutorostrata -- 

IAssodel~his borealis 

Iagenorhynchus - obliquidens 

Globicephala sp. 

F'eresa attenuata -- 

Rogia breviceps 

Balaena sp. 

Grampus griseus --- 

Steno bredanensis -- 

Balaenoptera borealis 

Globicephala macrorhynchus 

Balaeina australis 

Phvse ter ca todon 4~~ ~~ 

pStenella longirostris 
Table 3 (continued) 

CETACEANS 

SCIENTIFIC PWIE 

Spotted Dolphin 

Spotted Dolphin 

Stenelline Dolphins 

Striped Dolphin, Streaker 

IJnspecif ied Cetacea 

lJnspecified Toothed Whales 

Vaquita, Cochito 

White Whale 

Idhi te-Beaked Dolphin 

,4msterdam Island Fur Seal 

Arctocephaline Fur Seals 

Baikal Seal 

Bearded Seal 

California Sea Lion 

Caspian Seal 

Crabeater Seal 

Gray Seal 

Guadalupe Fur Seal 

harbor Seals 

Ilarp Seal, Greenland Seal 

Hawaiian Monk Seal 

K.erguelen Fur Seal 

Iargha Seal, Spotted Seal 

Ieopard Seal 

Northern Elephant Seal 

Northern Fur Seal 

liorthern Sea lion 

F,ibbon Seal 

FLinged Seal 

F:oss Seal 

South African Fur Seal 

South American Sea Lion 

Southern Elephant Seal 

IJnspecif ied Marine Plammals 

IJnspecif ied P innipedia 

Walrus 

Weddell Seal 

Stenella frontalis 

Stenella Ztenuata 

- -- 

Stenella sp. 

Stenella - coeruleoalba 

Ce tacea 

Odontoceti 

Phocoena -- sinus 

Delphinapterus - leucas 

Lagenorhynchus - albirostris 

Arctocephalus tropicalis - 

~rctoce~halus sp.

- Phoca -- sibirza 

Erignathus barbatus 

Zalophus californianus 

Phoca - caspica -- 

Lobodon carcinophagus 

~alichoerus grypus 

Arctocephalus townsendi - 

-- Phoca vitulina 

Phoca --- groenlandica 

Monachus schauinslandi 

ArctocephZ us gazella 

Phoca 

- -- largh? 

Hydrurga - leptonyx 

Mirounga angustirostris - 

callorhinus ursinus 

Eumetopias jubatus 

Phoca 

- -- fasciata 

Phoca 

- -- 

hispida 

Ommatophoca rossii 

~rctoce~halus pusillus 

Otaria f lavzcens 

Mirounga leonina -- Unspecified Marine Mammal: 

Pinnipedia 

Odobenus rosmarus 

kpt onychctes - weddelljl 

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Appendix R 

Laws and Treaties Governing the Protection 

of Marine Mammals 

Every marine mammal of U.S. concern is protected by one or more U.S. 

laws or acts, and the conservation of some species is partially assured 

by intc2rnational treaty or law. A summary of laws, conventions, and 

commissions designed to protect marine mammals follows. 

United States Laws and Treaties -- 

1. Marine Mammal Protection Act of 1972: A U.S. Federal law that 

prohiblrts persons under the !Frisdiction of the United States from 

taking,, harassing, or importing any marine mammal or its byproducts into 

the Uni-ted States, except when authorized to do so by special permit. 

Eskimos, Aleuts, and Indians ofr the North Pacific and Arctic Oceans 

take marine mammals for subsist~ence and for creating and selling 

handicraft items and clothing, as long as the stocks can support the 

harvest.. 

2. Endangered -- Species Act of -- 1973: This 1J.S. Federal law provides a 

program for the conservation of species that are either endangered now 

or threatened with extinction within the foreseeable future and their 

dependent ecosystems, and to implement international conservation 

conventi-ons. With limited exceptions, the Act prohibits the taking, 

importing, exporting, and interstate commerce of any endangered species, 

as well as their parts or products. Exceptions include: permits for 

scientific purposes or the enhancement of propagation or survival of the 

species, economic hardship exemptions, and subsistence taking by Alaska 

natives. For threatened species, the Act a~uthorizes the issuance of 

protective regulations as necessary for their conservation. To 

accomplish its purposes, the Act authorizes the acquisition of land; 

authorizes cooperative aggreements with Sta tes which have an adequate 

conservation program, including Federal funding of up to two-thirds (or 

three-fourths when entered with more than one State); prohibits Federal 

agencies from taking any action that would jeopardize the continued 

existence of an endangered or threatened species or result in the 

destruction or modification of its critical habitat unless an exception 

is granted by the Endangered Species Commi-ttee; requires the development 

of recovery plans; and provides for civil and criminal penalties. 

Marine rr~ammals under the jurisdiction of IWFS and listed as endangered 

species are the blue whale, bowhead whale, fin dhale, gray whale, 

humpback whale, right whales, sei whale, sperm dhale, Caribbean monk 

seal, Hawaiian monk seal, and Mediterranean monK seal. 

3. Convention -- on International Trade in Elndangered Species of Wild -- 

Fauna and Flora: The convention. which entered into force on July - 1, - 

1975, p.;ovides additional protection for t:he fo.llowing marine mammals 
under the jurisdiction of PXFS : Appendix I---blue whale, bowhead whale 

gray whale, humpback whale, right whales, certain stocks of fin and se 

whales, Ganges River dolphin, humpbacked dolphin, lndus River dolphin, 

white flag dolphin, f inless porpoise, cochito (porpoise), Caribbean mon 

seal, Hawaiian monk seal, Mediterranean monk seal, and northern elephar, 

seal; Appendix 11--certain stocks of fin and sei whales, and all other 

cetacleans, southern elephant seal, Amsterdam Island fur seal, Galapago: 

fur seal, Guadalupe fur seal, Juan Fernandez fur seal, Kerguelen fur 

seal, New Zealand fur seal, !Southern (South American) fur seal, and 

South African fur seal. Trade is more strictly controlled for Appendi 

I ani.mals than for Appendix 11 animals. The U.S. Management Authority 

for t.he Convention (U.S. Department of the Interior) controls the 

import, export, re-export, and introduction from the sea of convention 

animals through a system of permits and enforcement. Implementation by 

regulating commerce began Flay 23, 1977. 

4. International Idhaling Corlvention: The Ik'C was established under a -- convention signed in washingt:on, D.C., in December 1946. The membership 

includes all countries that catch significant numbers of whales except 

Chile, Peru, Portugal, and Spain. The TWC is responsible for whale 

conservation worldwide. Since 1964, the IWC has acted to bring world 

whaling under control by prohibiting the taking of some species, sharply 

reducjLng the authorized catches of species in certain areas, 

establishing catch quotas by species and stocks, and implementing an 

international observer plan for checking compliance with quotas and 

regulations at land stations and on factoryships. The IWC now regulates 

the barvest of Bryde's, fin, minke, sei, and sperm whales. An IWC 

subcommittee has been established to review problems relating to 

cetaceans. The blue, bowhead, gray, humpback, and right whales are 

completely protected, except for some hunting by aborigines. 

5. Whaling Convenlrion of 1949 -- brought into force the International 

~onve;~tion for the Regulation of Whaling signed on December 2, 1946, by 

the United States and certain other governments. Article I11 of the 

International Convention established the IWC. 

6. The Whale Conservation and Protection -- Study Act of 1976: The Act 

requ??es the Secretzarv of ~Gmerce to mi3k.e a comprehensive study of i3l.l 

whales found in waters subject to the jurisdiction of the United States, 

including the 200-mile fishery conservation zone. A report that 

includles suggested recommendations and legislation is due to Congres:s 

January 1, 1980. 
7. Interim Convention on N0rt.h Pacitic Fur Seals: The convention, --- ratiE-ed in 1957, prohibits most citizens of Canada, Japan, the 

U.S.S.R., and United States from taking northern fur seals. The 

except ions are aboriginal Eskimos, Aleuts,, and Indians, who may take 

them only at sea anti by primit.ive methods, The convention also provide: 

for intensive resea.rch on this species by the four countries. The 

United States and U.S.S.R. commercially harvest northern fur seals on 

their breeding grounds and regulate the kills on a scienti.fic basis. 

8. Fur. Seal Act of 1966 brought into force the Interim Convention on 

~orthi'acific Fur Seals. 

9. International -- Convention for the Conservation of Antarctic Seals, -- - 1972: The purpose of this convention is to safeguard all species of 

Antarctic seals and to ensure that, if commercial sealing begins on 

floatirg ice of the Southern Ocean, the taking of any specles will be 

subject to strict limitations to prevent overe~ploitation or damage to 

their ecosystem. Measures adopted under the Antarctic Treaty of 1959 

provide only for the protection of seals arrd other animals around the 

shoreline of the Antarctic Cont~nent, but. not on floating ice. The 

convent ion of 1972 may be applicable to crabeater, leopard, Ross, 

southern elephant, southern fur seals, arid Weddell seals south of 

latitude 60O south. The Ross, southern elephant, and southern fur seals 

are protected species, and no taklng is permitted. 

Miscellaneous Regulations anti - .Agreements -- of U.S. Interest 

1. International Convention --- for the Northwest Atlantic Fisheries: -- ~nderEerms of a convention signed in 1949, ICTJAF is responsible for the 

i n v e s t i g a t i o n , p r o t e c t i o n , and conservation of the fisheries of the 

Northwest Atlantic. On January 1, 1977, Canada extended its 

jurisdfiction over fisheries to 200 miles. To avoid conflicts in 1977 

between Canadian and international regulations ,, Canada agreed to adopt 

ICNAF iregulations for the 1978 harvest of harp seals and hooded seals. 

An amendment to the ICNAF Convention adopted in December 1976 allows the 

Commission to give sicientific advice for management of fisheries within 

natural. fishery limits if requested by a c~oastal state that is a party 

to the Convention. 

A panel. of LCNAF sci'entists recommended a kill of 180,000 harp seals for 

the ent::ire northwest Atlantic fior 1979. Canada. appears to have 

comp1et:ed the transition from i.nternationa;L to Canadian management of 

harp arid hooded seal:; within the limits of Canadian fisheries 

jurisdi.cltion. The United States withdrew from the ICNAF in December 

1976 to conform with provisions in the Fishery Conservation and 

Management Act. 
2. Canadian Norwegian Agreement on Sealing: On December 22, 1971, -- these two governments rat ified an agreement on sealing and the 

conservation of seal stocks in the Northwest ~tlantic, The agreement 

applies to the harp seal, but provision is made for extension to hoodc 

and bearded seals and to the walrus. 

3. Harp Seal: The U.S.S.R. and Norway signed an agreement in 1958 

entitled "Preservation of Seals in the Greenland Sea." The agreement 

provides for the regulation of harp seal ca.tches by these two nation:: 

The U.S.S.R., however, hat; not hunted harp seals since 1965. 

4. Gray Seal: The U.S.S.R. has prohibited (since 1970) the hunting o 

gray seals for sport and by amateurs, but permits the taking of these - animals for subsistence. Canada uses an 1886 law for authority in 

regulating the take of gray seals. England has prohibited the hunting 

of gray seals on the Farne Islands since 19:32 and on Orkney Island sincc 

1923. Norway has forbidden hunting at Sor Trondelag since 1923. 

Finland and Sweden offer bonuses for gray seals taken. 

5. ;Hooded Seal: Canada and Norway pro'hibii: the taking of hooded seal: 

near Newfoundland before llarch 10, near Jan Mayen Island before 

llarcl? 13, in Denmark Strai.t from June 1.5 to July 15, and in northern 

waters from March 20 to May 5. The U.S.S.R. and Norway in 1958 agreed 

to picohibit the harvest of hooded seals near Jan lfayen Island before 

Marc:l.~ 13 and banned hunting in Denmark Strait. 

6. 1J.S.S.R. Regu.lations (from the Russian -- E'ublication, "Rules for 

prot;!cting -- and Ha.rvesting Marine - Mammals," -- July 11, 1975: 

a. IJnder these regulations, a series oli protective and conservation 

measures were adopted. Sport and hobby (recreational) hunting of any 

marine mammal is prohibited everywhere and throughout the year. 

Rookeries and hauling grounds are prot~ected. Capture by use of polison! 

certain firearms, and hook and line ge,al: is prohibited at sea as well , 

fishing or harassment by vessels or aircraft within certain distances ( 

various islands inhabited by marine mammals. The regulations include 

other prohibitions designed to protect marine mammals and their 

ecosys tems . 

b. The U.S.S.R. has established closed seasons on vessel and shore 

harvest of ribbon,, ringed, and harbor :seals (and the ice-dwelling form 

of the harbor seal., the - la~gha - seal). Ilhe regulations allow short 

periods of harvest: of white coats, yearl.ings, and adults in the Okhotsk 

and bering Seas. Short harvest period!; are allowed in the northern 

commercial areas (White, Barents, and ea,stern Arctic Sea areas) on harp 
hooded, and ringed seals. The harvests in the Jan Elayen area are 

adjustled by international agreement. Taking c'f bearded seals and 

belukIl,3s (white whales) is alllowed in Arctic areas primarily for 

subsistence purposes. 

7. Guadalupe fur s~eal: ~lexico has safeguarded the breeding grounds of 

the ?%3dalupe fur seal on the Guadalupe Islands by making this island a - 

wildlj.:€e refuge. 

8. South American fur seal: The Uruguayan and Argentinian Governments -- 

protect the South American fur seal on land and out to 200 miles at sea. 

The Uruguayan Gover~nment also regulates the harvest by protecting all 

female seals except the 1 year olds, controlling take of pups by 

seasonal restrictioms, and imposing quotas in some instances. 

9. South African fur seal: The harvest of South African fur seals is -- large1 y a state enterprise in South Af rim; however, the system includes 

one of control and Leasing of rookeries to private contractors. The 

South West African Administration has not entered the harvesting 

business, but licenses private firms, restricts gear to be used, 

estab11.shes closed seasons, and places liniits on sex and condition of 

catch. 

10. hlarwhal : Canada allows E:skimos to take five narwhals annually for 

personal use and issues permit.~ to captu:re this mammal for exhibition. 

11. K.i.ller whale: Canada all.ows this species to be taken under a 

permit system. 
Appendix C -- 

Not ices and Regulations 

Final rules and -regulation:; are reprinted each year in the Code of 

Fecleral Regulations (CFR). Copies of ,the following rules, r egulatiori 

ancl notices pub1:ished in the FEDERAL REGISTEK are available from the 

Of fy-ice of Marine Mammals and Endangered Species, National Marine 

Fisheries Servicle, Washirgton, D.C. 20:235. 

1. Notices and regulations relating to the bowhead whale. 

44 FR 19408 (April 3, 1979) - Final regulat.ions implementing 1979 quot 

for taking Bering Sea stock of bowhead whales by native (Indian, Aleut 

ancl Eskimo) subsistence whalers of 18 landed or 27 struck, conferring 

licenses, and defining prohibited acts. (See 44 FR 5916, 9608, 

599L1(2), 76536.) 

44 FR 59911 (October 17, 1979) - Amendment to regulations for Bering ' 

stock of bowhead whales, al.lowing the ,Assistant Administrator for 

Fisheries to close the whal-ing season when the overall bowhead quota t 

been reached. (!See 44 FR 5916, 9608, 19408, 5991 1, 76.536. ) 

44 I?R 59911 (October 17, 1979) - Notice of closure of bowhead whalLing 

season, 1979 quota reached. (See 44 FII 5916, 9608, 19408, 5991 1, 

76Ei:36. ) 

45 FR 4366 (January 22, 1980) - Proposed rules to implement the 1980 

rnarulgement program for the taking of Bering Sea stock of bowhead whal 

of 18 landed or 26 struck, whichever occurs first. (See FR 5991 l(2) 

7 65,36. ) 

45 17R 20486 (March 28, 1980) - Final rules implementiw the 1980 cluot, 

for Bering Sea stock of bowhead whales; 18 landed or 26 struck among 

vil Lages, prohibiting killing of a calf or whale accompanied by a calf 

mirlimizing licensing requirements, allowing salvage of stinkers, 

requiring oral reports, ancl pr ovidirg penalities for violations. (See 

45 FR 4366.) 

2. Notices and :regulation:; relating to the incidental taking of marin, 

manirnals in the course of commercial f i:;hing, operations. 

44 I'R 20440 (April 5, 1979:) - Prohibition of take incidental to 

conirnercial fishing operations in 1979 of northern stock of comrnon 

do1 phin; 1979 quota exceeded. 

44 17R 21800 (April 12, 1971)) - Prohibition of take incidental to 

conirnercial fishing operat ions in 1979 for rlorthern stock of striped 

dol.phin; 1979 quota exceeded. 
44 FR 27404 (May 10, 1979) - Prohibition of take incidental to 

commercial fishing operations in 1979 for central and southern stocks of 

common dolphin; 1979 quota of central stclck exceeded, 1979 quota of 

southern stock will be met by implementation date. 

44 FR ,34963 (June 18, 1979) - Interim final regulation clarifying the 

period (during which observers rnay remain aboard tuna purse seine vessels 

by defining terms in the regulations gover~ning the taking of marine 

mammals incidental to commercial fishing 01perat:ions in the eastern 

tropical Pacific Ocean during 1978-80. 

44 FR 57100 (October 4, 1979) -- Notice of determination that the 

Repub1i.c: of Korea is in substantial conformance with U.S. regulations 

governi.ng the taking of marine mammals inc:ident:al to fishing operations. 

45 FR 7262 (February 1, 1980) - Prohibition of take incidental to 

commercial fishing operations in 1980 of northern stock of common 

dolphins; 1980 quota exceeded. 

45 FR 4284 (February 12, 1980) - Notice of noncompliance of the 

Governrent of Senegall with U.S. regulatioins governing the take of mari-ne 

mammals incidental to yellowfin tuna purse seine fishing operations; 

yel1owfi.n tuna and yellowfin tuna products no longer allowed entry int:o 

the Unit.ed States. 

45 FR 12468 (February 26, 1980) - Notice of prohibition on taking 

northern. striped dolphin incidental to commercial fishing operations; 

1980 quota exceeded. 

45 FR 121094 (February 28, 1980) - Notice of noncompliance of the 

Government of the People's Republic of the Congo with U.S. regulations 

governing the take of marine mammals incidental to yellowfin tuna purse 

seine fishing operations; yellowfin tuna and yellowfin products no 

longer allowed entry into the United States. 

3. Fliscellaneous notice and regulations. 

44 FR 21288 (April 10, 1979) -- Final regulation that determines the 

Caribbean monk seal to be an endangered species throughout its range, 

adding :it to the List of Endangered and Tt~reatened Wildlife. (See 42 FR 

9402. ) 

44 FR 76536 (December 27, 1979) - Final rule amending Schedule of the 

International Convention for the Regulation of Whaling for Southern 

Hemisphere 1979180 pelagic season and 1980 lcoasl:al season, and for 

Northern Hemisphere 1980 season. (See 44 FR 59:16, 19408, 59911(2), 45 

FR 4366.) 
45 FR 11134 (February 20, 1980) - Final :ruling; deletion of regulati-ons 

governing issuance of licenses and maintc2nanc:e records under the Whaling 

Convention Act of 1949, 50 CFR Part 230, superseded by the Marine 

P1amma:Ls Protection Act of 1972 and the Endangered Species Act of 1973 as 

amended.