1. Marine Mammal Protection Act Overview & Updates from the NMFS Northeast Region
Amanda Johnson
NMFS NER Protected Resources Division
Phone: ext. 6513

2. Topics to Cover Overview of MMPA
Certain Sections highlighted
MMPA Reauthorization: 2006 Proposed Amendments
NMFS NER Updates & Information
NMFS Protected Resources Division programs and staff
NOAA

3. Marine Mammal Protection Act
Congress passed the MMPA in 1972 based on the below reasons
Some marine mammal species or stocks may be in danger of extinction or depletion as a result of human activities (think tuna-dolphin issue in the Eastern Tropical Pacific)
These species or stocks must not be permitted to fall below their optimum sustainable population level (depleted)
Measures should be taken to replenish these species or stocks
There is inadequate knowledge of the ecology and population dynamics
Marine mammals have proven to be resources of great international significance

4. What does the MMPA do?
Establishes a moratorium on the taking and importation of marine mammals unless the activity is permitted
“Take” – to harass, hunt, capture, kill or attempt to harass, hunt, capture, or kill
“Harassment” – any act of pursuit, torment, or annoyance which can injure a marine mammal or stock or has the potential to disrupt behavioral patterns, including but not limited to migration, breathing, nursing, breeding, feeding or sheltering

5. 1994 Amendments
Certain exceptions to the take prohibitions, such as for Alaska Native subsistence (Section 119) and permits and authorizations for scientific research (Section 104)
A program to authorize and control the taking of marine mammals incidental to commercial fishing operations (Section 118)
Preparation of stock assessments for all marine mammal stocks in waters under U.S. jurisdiction (Section 117)
Studies of pinniped-fishery interactions (Section 120)

6. MMPA Species and Jurisdictions
Species under jurisdiction of NMFS
Whales, dolphins, and porpoises (cetaceans)
Seals and sea lions (pinnipeds)
Species under jurisdiction of US FWS
Walruses
Manatees & dugongs
Polar bears
Sea otters
Captive care and maintenance of marine mammals held for public display falls under jurisdiction of the USDA’s Animal and Plant Health Inspection Service (APHIS) under the Animal Welfare Act

7. MMPA Layout Title I – Conservation and Protection of Marine Mammals
Title II – Marine Mammal Commission
Title III – Global Moratorium to Prohibit Certain Tuna Harvesting Practices
Title IV – Marine Mammal Health and Stranding Response (covered in a later presentation)

8. Title I Contains Sections 101 through 120 Focusing on:
Section 104 – Permits
Section 117 – Stock assessments
Section 118 – Taking of marine mammals incidental to commercial fishing operations

9. Section 104 – Permits
Secretary may issue permits that authorize the taking or importation of any marine mammal for the following activities:
Scientific research
Enhancing survival or recovery
Commercial and educational photography
First-time import for public display
Capture for public display
Incidental take during non-commercial fishing operations
Incidental take during commercial fishing activities (MMAP)
Applications differ for ESA-listed marine mammals and non-listed marine mammals
See NMFS Office of Protected Resources web site:

10. Section 117 - Stock Assessments
Annually publish a stock assessment report
Describes geographic range of the stock
Provides minimum population estimate, productivity rates, population trends
Estimates annual human-caused mortality and serious injury
Describes commercial fisheries the stocks interacts with
Categorizes stock as being strategic or not strategic (strategic if annual human-caused mortality and serious injury is likely to reduce stock below optimum sustainable population)
Estimates the potential biological removal (PBR) for the stock
PBR in simple terms – number of animals that can be removed from a population without negatively affecting that population
Optimum sustainable population – defined in the MMPA as the # of animals which will result in the maximum productivity of the population or species, keeping in mind the carrying capacity of the habitat and the health of the ecosystem on which they form a constituent element.

11. Section 118 – Commercial Fishery Interactions
Establishes a zero mortality rate goal (ZMRG)
Reducing takes to insignificant levels approaching a zero mortality and serious injury rate
ZMRG defined in a final rule as 10% of PBR (69 FR 43338; July 20, 2004)
Establishment of List of Fisheries (LOF)
Published annually to categorize fisheries with frequent (Category I), occasional (Category II), or remote likelihood (Category III) of serious injury and mortality of marine mammals

12. Section 118 (continued) Marine Mammal Authorization Program (MMAP)
Required to have MMAP certificate if fishing in a Category I or II fishery
NER fishermen automatically registered and must comply with all TRP and emergency regulations
Annually issued
We ask states to query their state databases
Monitoring of Incidental Takes
Observers
Reporting requirements under the MMAP – use Mortality and Serious Injury Reporting Form
Emergency Regulations
Take Reduction Plans

13. Take Reduction Plans Purpose Take Reduction Teams
To aid in the recovery or prevent the depletion of strategic marine mammal stocks that interact with commercial fisheries
Short-term goal: reduce takes to below PBR
Long-term goal: reduce takes to ZMRG
Take Reduction Teams
Scientists, environmentalists, State and Federal managers, fishing industry, academia

14. Take Reduction Plans NMFS Northeast Region has the lead on:
Harbor Porpoise Take Reduction Plan
Northeast sink gillnet and Mid-Atlantic gillnet
Atlantic Large Whale Take Reduction Plan
NE and Mid-Atlantic lobster trap/pot and gillnet gear (NE
sink, Mid-Atlantic, SE Atlantic, & SEUS Atlantic shark)
Atlantic Trawl Gear Take Reduction Plan
Mid-Atlantic mid-water trawl, NE and Mid-Atlantic bottom
trawl, & NE mid-water trawl
NMFS Southeast Region has the lead on:
Bottlenose Dolphin Take Reduction Plan
Pelagic Longline Take Reduction Plan

15. MMPA Reauthorization
House of Representatives passed a bill (H.R. 4075) on July 17, 2006 to reauthorize the MMPA
Increase in fines for MMPA violations
Add recreational fisheries with frequent and occasional incidental mortality and serious injury under the TRP process
Referred to Senate Committee on Commerce, Science, and Transportation on August 4, 2006
Proposed by the Administration but not included in the bill:
Clarify the definition of harassment
Strengthen bycatch initiatives
Enhance enforcement capabilities

16. Updates from the NMFS NER Marine Mammal Program
Harbor Porpoise Take Reduction Plan Outreach and Education Meetings
Visit the HPTRP web site:
Atlantic Large Whale Take Reduction Plan is in rule-making process to amend the Plan
Annual ALWTRT meeting will be December 6-8, 2006 in Virginia Beach
For more information, visit:
NMFS Mid-Atlantic Gear Buyback and Recycling Program (NJ, DE, MD, VA, and NC)
Floating groundline collection at 4 buyback sites conducted in January 2006 – Point Pleasant and Sea Isle City, NJ; Ocean City, MD; and Norfolk, VA
Collected 100,000 lbs. of floating line & spent $200,000 on vouchers

17. Hot Topics & Updates (continued)
Atlantic Trawl Gear TRT
Met for the first time in September 2006
Web site:
Ship Strikes
Proposed rule and DEIS on proposed strategy to reduce ship strikes
Proposed rule comment period closed October 5, 2006
Rule and DEIS online:
Right Whale Grants Program FY06
Highly competitive this year
Upcoming year uncertainties

18. Right Whale Funding Opportunities
Right Whale Research Program
Priority for projects that have likelihood of reducing death/serious injury due to entanglement
Accepted proposals for projects that address some right whale biological needs in support of the ALWTRP
Atlantic Coast States Cooperative Planning for Right Whale Recovery Program
Funding for projects that have a strong likelihood of reducing death or serious injury through the development or implementation of recovery plan tasks
Should reference a federal or state right whale recovery plan
Coordination and/or collaboration across state boundaries, with federal agencies, industry, and other interested parties is encouraged.
Both programs run by the NERO PRD but apply to the entire East Coast
Partnership with NFWF was developed for the administration of these funding programs. (NFWF non-profit organization founded by Congress to support research, management, conservation, and education/outreach activities related to the conservation and recovery of environmental resources.)
NWCF – our programs are sub-programs under the NWCF, which was established in 1999 as a special project of NFWF
For the Right Whale Research Program – to date, which is 2002 through 2005 – 21 awards have been made totaling $510,000
For the Atlantic Coast States Program – to date, for the same time period – 15 awards have been made totaling $2.4 million

19. RW Funding Opportunities (continued)
Very competitive this year
We received 42 pre-proposals requesting ~$6 million in funding
We had about $700,000 to spend with funds combined between the 2 programs
14 applicants were invited to submit full proposals
Of those, 7 were recommended for funding
Next year – unsure about funds being allocated to the program since we don’t have a budget yet

20. RW Funding Opportunities (continued)
Check the web site for updates, program priorities, previously funded projects, and State reports:

21. Atlantic Coast States: Projects Funded in 2005
Four projects funded in 2005 ($505,000):
Maine Large Whale Cooperative Management Plan - maintain and expand existing programs, including right whale foraging surveys.
Massachusetts Right Whale Conservation Plan – continue gear research, monitoring, and outreach efforts to reduce large whale entanglement.
Rhode Island Large Whale Conservation Plan – conduct assessment of fixed gear types (trap/pot and gillnet) that may adversely affect large whales as well as conduct outreach activities to regulated commercial fixed gear fishermen.
Florida Right Whale Disentanglement Response Enhancement – improve right whale entanglement response in the Southeast U.S. through training of responders and acquiring field equipment.
Maine
Some existing programs include
- maintenance of their Sightings and Disentanglement Networks (including training of Maine Marine
Patrol and fishing industry network members for whale ID and disentanglement of minke whales)
- continued gear modification research and development including both groundlines and vertical lines
- enforcement of ALWTRP measures, which have been adopted by the State of Maine MA
- Some gear research includes collaborating with the AOLA for the development & testing of a suitable non-buoyant groundline as well as testing different buoy line configurations through the use of mini-loggers as well as a flume tank to model buoy lines to examine entanglement risk
- Involved in collaborative project with Cornell, WHOI, and IFAW to monitor RW through the use of passive acoustic arrays set up in CCB and its surrounding waters.
- Conduct some enforcement cruises in CCB to look for and remove non-compliant lobster gear
Rhode Island
- Assessment will be done through a gear survey that will be distributed to RI licensed fishermen to determine primary gear type, configuration, and numbers of pots or gillnets fished seasonally in state waters
- The survey will further be supplemented through dockside interviews
- This type of information can be used to support the ALWTRP by being used in models to assess the
entanglement risk associated with fixed gear in different areas
- Will also conduct dedicated lobster sea sampling trips to determine the number, type & configuration of gear in both state and Fed. Waters.
Florida
- This will be done by contracting a responder to be present in FL during the time when RW are present (Jan.-March) so he can provide immediate response to and assistance with right whale entanglements in the SE
- In addition, the contractor will help train staff from the Florida Fish and Wildlife Conservation Commission for biopsy sampling and disentanglement response
- Finally the contractor will develop ideas for alternative tagging devices for entangled whales, which will aid in the relocation of entangled or injured animals

22. Proactive Species Conservation Grant Program (ESA side)
Supports conservation efforts for marine and anadromous species before listing on the ESA becomes necessary
Program provides NMFS support to States to develop and implement conservation plans for Species of Concern (SOC)
Grants program web site (NMFS HQ):
Check out last year’s information
Fiscal Year 2007 funds should be announced in December

23. NER Species of Concern Atlantic sturgeon Barndoor skate Cusk
Atlantic sturgeon
Barndoor skate
Cusk
Dusky shark
Sand tiger shark
Rainbow smelt
Thorny skate
Atlantic wolffish
Atlantic halibut
Atlantic white marlin
Atlantic salmon (other populations outside the range of the Gulf of Maine DPS)
Cusk

24. NER Marine Mammal Program Marine Mammal Coordinator: Dave Gouveia
Atlantic Large Whale Take Reduction Plan
Diane Borggaard (Coordinator)
Glenn Salvador, John Higgins (gear research), and John Kenney (gear engineer)
Atlantic Trawl Gear Take Reduction Plan
Mark Minton (Coordinator)
Harbor Porpoise Take Reduction Plan
Amanda Johnson or Dave Gouveia
Large Whale Disentanglement
Jamison Smith (Coordinator)
Ship Strikes
Kristen Koyama (Coordinator)
Right Whale Research
Amanda Johnson (Coordinator)
Marine Mammal Stranding Program
Mendy Garron (Coordinator)
Enforcement Liaison
Gregg LaMontagne

25. NER Endangered Species Program Endangered Species Coordinator: Pat Scida
Sea Turtles
Carrie Upite
Ellen Keane
Sea Turtle Strandings and Disentanglement
Sara McNulty (Coordinator)
Section 7 Consultations
Lynn Lankshear, Peter Kelliher, Julie Crocker, Wesley Patrick
Shortnose Sturgeon
Dana Hartley (Coordinator)
Proactive Species Conservation
Kim Damon-Randall (Coordinator)
Salmon
David Bean, Jessica Pruden, Maine field office staff

26. NY’s Roles Attend TRT meetings Enforcement
Will become more familiar with issues surrounding the Take Reduction Plans
Can apply for funding for projects that support TRPs and/or NY’s conservation programs that relate to TRPs
Enforcement
Joint Enforcement Agreement (JEA)
NY received $260,000
May use fishery characterization information to help determine compliance with ALWTRP and HPTRP
Develop state conservation plan and continue to apply for funding through various programs
Continue stranding program efforts
Captain Dorothy Thumm is the NYS DEC staff member that handles the JEA
Phone: (631)
NMFS has an enforcement field office in Bellport with 3 agents:
Phone: (631)

27. Questions? North Atlantic right whale Harbor porpoise
Ari Friedlaender
Dave Wiley
Atlantic white-sided dolphins
NMFS Buyback – Ocean City, MD