Spyhopper, summer 1997

In April, the National Marine Fisheries Service (NMFS) proposed regulations to reduce serious injury and mortality of four baleen whale species that occur incidental to certain fisheries: the North Atlantic right whale, humpback whale, fin whale, and minke whale.

The fisheries covered in the plan include monkfish and dogfish in the New England multispecies sink (bottom) gillnet fishery; multiple species in the U.S. mid-Atlantic coastal gillnet fisheries; lobster in the Gulf of Maine and U.S. mid-Atlantic trap/pot fisheries; and sharks in the southeast U.S. Atlantic driftnet fishery.

The regulations, in particular, target protection of the northern right whale. This is the most endangered marine mammal in U.S. waters, numbering approximately 300 individuals.

The northern right whale, because of its coastal nature and behavior--resting at the surface, skim feeding, and surface courtship--is quite vulnerable to human activities, such as vessel movements (collisions and disturbance) and fishery interactions (entrapment and entanglement in gear). Because the population of North Atlantic right whales is so small, survival of the species is threatened by the death of even a single individual.

The NMFS, under the Marine Mammal Protection Act and the Endangered Species Act, has proposed regulations that require fishermen to modify their gear to allow whales to break through encountered gear or reduce the severity of the entanglement.

Fishermen will be required to mark their gear to identify different types of fishing gear and its area of origin. Seasonal time/area restrictions on setting gear in the northern right whale critical habitats would be imposed, and there would be an improved response to and assistance of entangled whales. Additionally, skipper workshops are proposed to increase awareness of fishing practices, responsibilities for marine mammals, and gear technology for take reduction.

As our members may already be aware, hundreds of fishermen are outraged by and have protested the regulations. In particular, the State of Maine has been particularly vocal because of the high estimated cost to lobster fishers to retrofit their equipment under the new rules. The NMFS is considering modification of the rules to allow fishermen to continue their operations, while phasing-in the modifications, to minimize economic hardship.

The American Cetacean Society supports the regulations being proposed by NMFS. Coexistence of whale populations with increasing human activities is a difficult scenario, and we feel that NMFS has made a strong move in that direction with the proposed plan.

SELECTED EXCERPTS     ACS SUPPORTS ATLANTIC FISHERIES REGULATIONS     CAPTURED KILLER WHALES DIE     CITES REJECTS DOWNLISTING BID BY WHALING NATIONS     CETACEAN NEWS: NMFS INCREASES ENFORCEMENT OF HARASSMENT MEASURES NAVY MODIFIES OPERATIONS TO PROTECT RIGHT WHALES FOUNDATION REPORTS ON KEIKO'S PROGRESS

ACS National has written the following letter of support for the regulations to NMFS:

Two of five killer whales captured in February by Japanese fishermen died in mid-June, intensifying both the international protests about the capture and efforts by conservationists to determine the health and conditions of the three animals remaining in captivity.

One of the dead killer whales had been pregnant when captured but apparently miscarried in April. The other killer whale that died, a male juvenile, was the youngest of the captured group.

Officials attributed the two killer whale deaths to "illness," although they had since February continued to tell the public and environmental groups the animals were "in good condition". Reports circulated that the two females had not eaten since their capture.

The group, dubbed "The Taiji Five" by activists protesting the incident, also included two other male juveniles and one adult female. When captured, the killer whales were separated from a pod of ten. The fate of the pod members remaining in the wild is uncertain, but it is believed the group included at least one juvenile who was separated from its mother, who was captured.

The three remaining killer whales are out of public view in separate facilities. As of this writing, officials have not provided information on their condition since the deaths of the two others.

Conservation groups in Japan and around the world continue to protest the capture and treatment of the Taiji killer whales. Public protests continue within Japan and throughout the international community. Letters of protest and inquiry may be sent to:

Ryutaro Hashimoto
Prime Minister of Japan
Fax: 81-3-5511-8855

Michio Ahimada, Director
National Fishery Agency
Fax: 81-3-3502-0794

Japan and Norway were thwarted in attempts to downlist five different whale stocks at the 10th Conference of the Parties to the Convention on International Trade in Endangered Species (CITES) in June, held in Zimbabwe.

However, more delegates to this United Nations body sided with pro-whaling nations than in past years, which indicates a shift in favor of pro-whaling attitudes and could mean trouble for whales and the whale conservation movement.

CITES purpose is to prevent international trade in specimens of wild animals and plants from being detrimental to their survival. Species threatened with extinction are included in CITES Appendix I, and international trade in these species is not permitted. Species that are not threatened but for which trade must be controlled in order to avoid over-utilization are listed in CITES Appendix II.

None of the five proposals was passed to downlist various stocks of minke, gray and Bryde's whales from Appendix I to Appendix II. The delegates voted 57-51 in favor of a proposal to downlist north Atlantic minke whales, but the proposal fell short of the needed two-thirds majority. This vote marked the first time pro-whaling nations outvoted their opponents at a CITES conference.

A proposal to downlist eastern Pacific gray whales was defeated by a vote of 61-47, but this victory was overshadowed by the fact that at the 1994 CITES conference only 16 delegates voted in favor of this proposal.

"This indicates a significant decrease in opposition to whaling," said Ginette Hemley of the World Wildlife Fund. "The whole tone of whaling debate has changed. It's going to make things very difficult in the future for whale conservation," she added.

A proposal by Japan for CITES to abandon adherence to International Whaling Commission (IWC) policies was defeated by a vote of 57-27. This proposal underscores the efforts of pro-whaling nations to remove CITES from the influence of the IWC, which enacted a moratorium on commercial whaling in 1986.

Delegates also voted against the U.S. proposal to establish a marine fish working group as a first step to drawing up protection measures for over-exploited species.

FLORIDA -- Citing an increase in people who feed or swim with wild dolphins, the National Marine Fisheries Service (NMFS) recently announced plans to increase its public education efforts and enforcement of federal laws protecting marine mammals.

Under the Marine Mammal Protection Act, it is illegal to feed or harass wild dolphins. However, these activities have increased since the late 1980s in many southeastern coastal areas of the U.S., in the waters off Florida, Texas and the Carolinas. Additionally, people are swimming with wild dolphins, which is categorized as harassment of the animals and can be dangerous for humans as well.

"Dolphins have a reputation for being friendly to humans, but the fact remains they are powerful, wild animals that can be very aggressive," said Nancy Foster, deputy director of NMFS.

In Florida's coastal areas around Ft. Walton Beach, Panama City, Sarasota, Melbourne and Key West, the NMFS and local authorities will increase enforcement in collaboration with the Florida Marine Patrol. Officials will also distribute new educational brochures and posters that explain why interactions with wild dolphins are harmful.

In 1998, NMFS will fund six enforcement officers who will concentrate on protected species issues, including dolphin feeding and harassment.

WASHINGTON, D.C. -- The NMFS recently issued an opinion that measures adopted by the U.S. Navy will help ensure that Navy activities along the southeast U.S. coast are not likely to jeopardize the continued existence of any threatened or endangered species, including the northern right whale and humpback whale.

The measures stem from the deaths of six endangered northern right whales in early 1996 in the vicinity of Navy war games conducted near a critical right whale habitat (see The Spyhopper, Spring 1996). The Navy denied its activities caused the deaths, but worked with the NMFS to develop guidelines to reduce interactions between the whales and Navy activities.

Among the measures to be implemented are: relocation of operations that require use of high vessel speeds further away from right whale critical habitat areas; restrictions on avoidable vessel transits through the right whale habitat during the calving season; and creation of a communications clearinghouse for reports of right whale sightings, to be relayed to ships and civilian authorities.

OREGON -- The Free Willy/Keiko Foundation reported in May that the famous killer whale is developing as a "normal, healthy teenage killer whale" since being moved from Mexico to Oregon last year.

Keiko's papilloma skin condition has apparently vanished, and he demonstrates a robust appetite, energy and playfulness, according to Beverlee Hughes, president of the Free Willy/Keiko Foundation.

While Keiko continues his rehabilitation, research and public education efforts about killer whales will continue.

Research to better understand Keiko and other North Atlantic killer whales is ongoing, Hughes said, including scientists at Woods Hole Oceanographic Institute and the University of California, Santa Cruz.

"Today, we do not know when, or if, Keiko will be released," Hughes said. "However, we believe the research will indicate if he is a suitable candidate (for release)," she added.