MARINE MAMMAL COMMISSION - Annual Report for 1998 



were likely to be affected by the launches and associ- 

 ated activities and that the effects would be negligible. 



The Commission, in consultation with its Commit- 

 tee of Scientific Advisors, reviewed and by letter of 2 

 September 1998 provided comments to the National 

 Marine Fisheries Service on the proposed rule and the 

 environmental assessment. The Commission con- 

 curred with the determination that data and analyses 

 provided in the Federal Register notice and in the 

 environmental assessment provided reasonable justifi- 

 cation for the conclusion that only small proportions 

 of the regional seal populations were likely to be 

 affected and that the short-term effects would be 

 negligible {i.e., not result in the mortality or injury of 

 individual animals or have effects on the distribution, 

 size, or productivity of the potentially affected popula- 

 tions). However, the Commission questioned whether 

 there was reasonable justification for concluding that 

 the activities for which taking authorization was 

 requested would not have significant adverse cumula- 

 tive effects. Further, the Commission noted that it 

 was not clear whether (a) the Air Force intended, or 

 would be required as a condition of the requested 

 authorization, to continue the research program begun 

 in 1997 to assess possible cumulative effects; or (b) 

 the research program was capable of detecting chang- 

 es in the distribution patterns, abundance, survival, or 

 productivity of seals that inhabit areas where they 

 could be affected by the activities for which taking 

 authorization was requested. 



The Commission recommended that the requested 

 five-year taking authorization be issued provided (1) 

 continuation of the research program begun in 1997 

 was made a condition of the authorization; (2) the 

 Service was satisfied that the research and the site- 

 specific monitoring required are capable of detecting 

 possible cumulative effects on the hearing of individu- 

 al seals and on the distribution, size, and productivity 

 of the potentially affected populations; and (3) the 

 authorized taking be suspended, pending review, if 

 there are indications that the activities covered by the 

 authorization are causing mortality or injuries or are 

 affecting the distribution, size, or productivity of the 

 potentially affected populations. 



With respect to point 2, the Commission noted that 

 available data support the conclusion that noise from 



rocket launches and aircraft overflights can cause seals 

 to flee into the water in certain circumstances and that 

 most if not all of the affected animals resume normal 

 behavior within several hours after the disturbance. 

 Given that these effects have been well documented, 

 the Commission questioned whether it was necessary 

 to continue to require the type of site-specific moni- 

 toring that had documented this short-term effect. As 

 noted earlier, the Commission questioned whether the 

 research and monitoring programs currently being 

 conducted or proposed would be capable of detecting 

 possible long-term cumulative effects. The Commis- 

 sion recommended that the Service, if it had not 

 already done so, consult with scientists familiar with 

 the demography and dynamics of harbor seals in and 

 around Vandenberg Air Force Base to ensure that the 

 final rule includes provisions for research and moni- 

 toring capable of detecting possible cumulative ad- 

 verse effects. 



At the end of 1998 final regulations had not been 

 issued. 



Taking Incidental to Shock Testing the SEA- 

 WOLF Submarine — On 7 June 1996 the Navy 

 applied to the National Marine Fisheries Service for 

 authorization under section 101(a)(5)(A) of the Marine 

 Mammal Protection Act to take small numbers of 

 marine mammals incidental to shock testing the 

 SEA WOLF submarine. At the same time, the Navy 

 issued for public review and comment a draft environ- 

 mental impact statement for shock testing the 

 SEA WOLF submarine. The Commission's comments 

 and recommendations regarding the environmental 

 impact statement and the requested small-take authori- 

 zation are described in previous Commission reports. 



The National Marine Fisheries Service published in 

 {\it Federal Register on 1 December 1998 its final rule 

 regarding the requested authorization. The Federal 

 Register notice notes, and the final rule reflects, the 

 Commission's comments and recommendations. The 

 rule specifies both monitoring requirements and 

 measures that must be taken to minimize the number 

 of animals affected. It is effective through 2004, and 

 specifies that the activities must be conducted from 1 

 May to 30 September to avoid possibly affecting right 

 whales. Additional information concerning right 



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