MARINE MAMMAL COMMISSION — Annual Report for 1995 



Sur Ridge transmitter site, no studies had been done 

 or were planned to obtain baseline information con- 

 cerning the distribution, abundance, and behavior of 

 marine mammals in the vicinity of the Pioneer Sea- 

 mount before experiments with sound transmissions 

 were expected to begin. The advisory board also 

 noted that marine mammals in the study area could be 

 affected by disturbance and sounds from research 

 vessels, aircraft, and commercial vessels transiting the 

 area, as well as by the experimental transmissions. It 

 recommended changes in the survey design and effort 

 to increase the likelihood of being able to detect 

 cause-effect relationships. It pointed out that sound 

 playback studies in areas where marine mammals are 

 common may provide the only means for getting 

 sample sizes large enough to formulate statistically 

 meaningful conclusions. The research protocol was 

 amended, taking into account the advisory board's 

 recommendations, and forwarded to the National 

 Marine Fisheries Service on 1 May 1995 as part of a 

 revised application for a permit to conduct scientific 

 research under the Marine Mammal Protection Act 

 and the Endangered Species Act. 



The Sierra Club Legal Defense Fund and several 

 other environmental groups questioned whether the 

 planned research program would resolve the uncer- 

 tainties concerning the possible effects of the Califor- 

 nia ATOC program on marine mammals and other 

 biota. Representatives of the environmental groups 

 subsequently met with representatives of the Universi- 

 ty of California (representing Scripps Institution of 

 Oceanography and the ATOC project) several times in 

 April and May 1995 to identify and determine how 

 questions concerning the adequacy of the planned 

 marine mammal research program might be resolved. 

 The discussions led to a 2 June 1995 agreement signed 

 by representatives of the University of California and 

 the Sierra Club Legal Defense Fund, the Natural 

 Resources Defense Council, the Environmental 

 Defense Fund, Earth Island Institute, the Humane 

 Society of the United States, and the American Oceans 

 Campaign. Among other things, the parties agreed 

 that the pilot marine mammal research program would 

 be extended through the entire initial research period 

 of approximately 18 to 24 months; control of the 

 sound source (including determination of duty cycles 

 and decisions regarding operation, suspension, and 

 termination) would remain with the personnel con- 



ducting the marine mammal research program through 

 the entire initial research period; and two additional 

 members and two additional observers would be 

 appointed to the marine mammal research program 

 advisory board, from individuals nominated by the 

 environmental organizations. 



The Marine Mammal Commission, in consultation 

 with its Committee of Scientific Advisors, reviewed 

 the revised permit application and provided comments 

 to the National Marine Fisheries Service on 30 June 

 1995. The Commission noted that the basic research 

 design seemed sound but was based on a number of 

 untested assumptions. The Commission also noted 

 that it was not clear whether all the assumptions had 

 been recognized or whether the research had been 

 designed to provide the information needed to validate 

 them. The Commission recommended that the 

 requested permit be issued with several conditions — 

 e.g., that the study be suspended if there is any 

 evidence that the sound transmissions may be jeopar- 

 dizing the health or welfare of individual animals or 

 the populations of which they are a part and that 

 authority to continue the proof-of-concept study be 

 contingent on submission and approval of a report 

 describing and evaluating the results of the pilot 

 marine mammal study. 



The National Marine Fisheries Service issued the 

 permit for the California marine mammal study on 13 

 July 1995. Installation of the sound source and the 

 cable connecting it to the power source on shore was 

 initiated on 27 October 1995. During installation, a 

 series of tests were done by the engineers to deter- 

 mine whether the power output of the transmitter was 

 within the specified performance standards. These 

 tests were done before the scheduled 9 November 

 1995 beginning of the marine mammal research 

 program and were not under the control of the pro- 

 gram personnel, as specified in the previously noted 

 2 June 1995 agreement between the University of 

 California, the Sierra Club Legal Defense Fund, and 

 other environmental groups. 



On 3 November 1995 a dead humpback whale was 

 observed floating near Stinson Beach, California. The 

 carcass washed ashore the next day and was buried to 

 prevent a public health hazard. The cause of death 

 was not evident from external examination and a 



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