MARINE MAMMAL COMMISSION — Annual Report for 1992 
right whale-related research permit applications to 
studies that would further the objectives and provi- 
sions of the approved Right Whale Recovery Plan or 
involve essential research whose beneficial results 
would outweigh likely adverse effecis on the whales; 
and oversee essential work. 
On 25 April 1991 the Service wrote to the Com- 
mission, advising that it concluded that the Commis- 
sion’s suggested draft plan placed too much emphasis 
on research, that information was sufficient to begin 
management actions, and that it would draft another 
version and send it to the Right Whale Recovery 
Team for review. In March 1992 the Service distrib- 
uted a final Recovery Plan to the Commission and 
others. The final draft plan, which was little changed 
from the Recovery Team’s 1990 draft plan, was not 
circulated for review and generally failed to address 
most of the Commission’s comments. For example, 
the step-down outline and task descriptions were not 
revised to clearly describe precisely what work is 
contemplated, whether cost estimates are appropriate 
or reasonable, or whether task priorities are properly 
assigned. 
Recovery Plan Implementation 
As noted above, the National Marine Fisheries 
Service convened a workshop on 14-15 April 1992 to 
consider information on the western North Atlantic 
right whale population. Scientists active in right 
whale research and representatives of concerned 
Federal and state agencies participated. In addition to 
reviewing recent research results, objectives of the 
workshop included discussing research needs relative 
to the implementation of the final Recovery Plan and 
broadening involvement in western North Atlantic 
right whale research and management. 
As noted above, the workshop report distributed by 
the Service in October 1992 included a brief summary 
and update of recent right whale research results. It 
also provided results of the deliberations of two 
working groups. The first working group, which 
considered human interactions with right whales, 
identified actions necessary to avoid adverse effects 
from ship traffic, fishing gear, and whale-watching 
activities. The second working group considered 
needs relative to habitat identification and protection. 
a2 
In this regard, the group placed highest priority on 
designing and implementing studies of genetic vari- 
ability; determining the location of the winter grounds 
used by most of the right whale population; determin- 
ing the location of a presently unknown but presumed 
nursing ground; reducing nutrient and contaminant 
levels in feeding habitats; and coordinating related 
U.S. and Canadian activities. 
Proposed Critical Habitat Designation 
On 12 July 1990 the National Marine Fisheries 
Service published a Federal Register notice announc- 
ing that it had received a petition from the Right 
Whale Recovery Team asking that three areas in the 
northwest Atlantic used regularly by northern right 
whales be designated as critical habitat under section 
4 of the Endangered Species Act. The three areas 
included nearshore waters off Florida and Georgia 
used by females with newborn calves between January 
and March, parts of Cape Cod Bay and waters off 
Massachusetts used as a feeding area in March and 
April, and the parts of the Great South Channel used 
as a feeding area and migratory corridor by much of 
the western North Atlantic right whale population in 
May and June. The notice requested information on 
right whales in these areas and comments on the 
petitioned action. It also noted that the Service would 
conduct a review within 12 months to determine if the 
petitioned action was warranted. 
The Commission wrote to the Service on 26 
September 1990 noting that while there appeared to be 
sufficient grounds for designating the three areas as 
critical habitat, information in the petition on the 
occurrence of right whales in these areas was not 
sufficient to judge whether the proposed boundaries 
were appropriate, nor did it clearly identify special 
management considerations that should be evaluated. 
The Commission therefore advised the Service that it 
had contracted for a review of information concerning 
these points. The contract report entitled “Informa- 
tion on Right Whales (Eubalaena glacialis) in Three 
Proposed Critical Habitats in U.S. Waters of the 
Western North Atlantic Ocean” was completed in May 
1991 (see Appendix B, Kraus and Kenney 1991) and 
forwarded to the Service on 31 May 1991. 
