WORLDWIDE BYCATCH OF CETACEANS An evaluation of the most significant threats to cetaceans, the affected species and the geographic areas of high risk, and the recommended actions from various independent institutions. N.M. Young and S. Iudicello U.S. Department of Commerce National Oceanic and Atmospheric Administration National Marine Fisheries Service NOAA Technical Memorandum NMFS July 2007 WORLDWIDE BYCATCH OF CETACEANS An evaluation of the most significant threats to cetaceans, the affected species and the geographic areas of high risk, and the recommended actions from various independent institutions. N.M. Young and S. Iudicello A Report to the NOAA Fisheries Office of International Affairs NOAA Technical Memorandum NMFS-OPR-36 July 2007 U.S. Department of Commerce Carlos M. Gutiérrez, Secretary National Oceanic and Atmospheric Administration Vice Admiral Conrad C. Lautenbacher, Jr., USN (Ret.), Under Secretary for Oceans and Atmosphere National Marine Fisheries Service John Oliver, Acting Assistant Administrator for Fisheries Suggested citation: Young, N.M. and S. Iudicello. 2007. Worldwide Bycatch of Cetaceans. U.S. Dep. Commerce, NOAA Tech. Memo. NMFS-OPR-36, 276p. A copy of this report may be obtained from: Office of International Affairs NMFS, NOAA 1315 East-West Highway Silver Spring, MD 20910 Or online at: http://www.nmfs.noaa.gov/ Disclaimer: Technical Memoranda are used for documentation and timely communication of preliminary results, interim reports, or special-purpose information and have not received complete review, editorial control or detailed editing. NOAA Fisheries commissioned outside contractors to prepare this report and is publishing it in its entirety. Views or opinions expressed in this report are those of the authors and do not necessarily represent those of NOAA Fisheries. Worldwide Bycatch of Cetaceans Analysis and Action Plan Order No. DG133F06SE4641 A Report to the NOAA Fisheries Office of International Affairs Nina Young, Principal Investigator. With S. Iudicello and MRAG Americas 30 June 2007 Photo Credits : Dall’s porpoise—National Oceanic and Atmospheric Administration Harbor Porpoise—Duke University, Andy Read Harbor Porpoise-- National Oceanic and Atmospheric Administration Hector's dolphin (Cephalorhynchus hectori) calf killed in gillnet, New Zealand.© WWF / Stephen Dawson Analysis & Action Plan CONTENTS EXECUTIVE SUMMARY . .v Methodology . vi Magnitude of Cetacean Bycatch . vii Tools for Action to Reduce Bycatch . x Analysis . xii Recommendations . xix Conclusion . xxii CHAPTER 1. INTRODUCTION . 1 CHAPTER 2. BYCATCH CRITICAL ISSUES . 5 Atlantic Areas and Populations Analyzed for Highest Risk . 6 Pacific Areas and Populations Analyzed for Highest Risk . 19 CHAPTER 3. U.S. TOOLS FOR INTERNATIONAL CONSERVATION . 37 Marine Mammal Protection Act . 37 Magnuson-Stevens Fishery Conservation and Management Act . 38 International Dolphin Conservation Program Act . 40 Whaling Convention Act . 41 Endangered Species Act . 42 Pelly Amendment . .. 43 CHAPTER 4. INTERNATIONAL AGREEMENTS RELATED TO BYCATCH. 44 Background . .47 International Tools for Reducing Bycatch. 48 International Agreements Relating to Wildlife . 57 Regional Marine Mammal Agreements . 61 Discussion of Regional Marine Mammal Agreements . 66 International Agreements Related to the Marine Environment. 68 Regional Agreements Related to the Marine Environment . 72 i Worldwide Bycatch of Cetaceans CHAPTER 5. RISK ASSESSMENT ANALYSIS OF SMALL CETACEAN BYCATCH AND TOOLS TO REDUCE BYCATCH . .89 Analytical Approach . 89 Atlantic Ocean . 99 Pacific Ocean (Including Indian Ocean) . .109 CHAPTER 6. RECOMMENDATIONS — ACTION PLAN . 119 Actions Under MMPA Section 108 . 120 Actions Under MMPA Section 101 . 125 Actions Under M-SFCMA . 127 Actions Under MMPA Title III . 131 Actions Under MMPA Title II . .132 Potential for New Legislation on Cetacean Bycatch . .132 Actions through the United Nations . .133 Incentives . 134 New Technology . .135 Building Capacity for Assessments and Mitigation . .136 Additional Steps to Document Bycatch Worldwide . 138 CHAPTER 7. PRIORITY RECOMMENDATIONS . 141 ii Analysis & Action Plan TABLES Table 5.1. Summary & Gap Analysis of At-Risk Cetacean Species Table 7.1. Analysis to Develop Priority Recommendations Table 7.2. Priority Recommendations FIGURES Figure 1. FAO Statistical Areas Figure 2. FAO Statistical Areas of the Atlantic Figure 3a & 3b. FAO Statistical Areas of the Western & Eastern Pacific Figure 4. Indian Ocean Figure 5. Map of RFMO Areas of Operation Figure 6. Narrowing the Scope of Action Options Figure 7. Priority Ranking Scheme APPENDICES APPENDIX A. Review of Cetacean Incidental Mortality in International Fisheries APPENDIX B. Parties to International Treaties APPENDIX C. Sample Cetacean Bycatch Resolution APPENDIX D. Sea Turtle Resolution Adopted at NAFO APPENDIX E. National Oceans Protection Act of 2005 (S. 1224) APPENDIX F. Sample Cetacean Bycatch Legislation iii EXECUTIVE SUMMARY Humans have exploited cetaceans (whales, dolphins, and porpoises) since primitive whaling activities began in Japan and Scandinavia many centuries ago. The U.S. Ocean Commission in 2005 judged incidental catch in fisheries the “biggest threat to marine mammals worldwide . .[killing] hundreds of thousands of them each year.” Fishing gear, especially gillnets, indiscriminately catches an undetermined number of marine species, including dolphins and porpoises. Still, progress on quantifying the scale of this mortality, identifying the magnitude of this threat, and mitigating or reducing the mortality has been slow, sporadic, and limited to a few specific fisheries or circumstances. Cetaceans are “migratory.” They spend several months each year traveling from one area to another, often covering vast distances in search of food, a particular climate, or a safe breeding ground. From a conservation and management perspective migratory species are exposed to an array of threats because they do not confine themselves to one location. Moreover, because they periodically cross through a number of jurisdictions, the level of protection afforded to cetaceans fluctuates according to their geographical location. Inevitably, migrating animals will pass through jurisdictions where cetacean conservation is less of a priority than in other areas. The protection of small cetaceans has largely been left to the domestic regimes of coastal states, and a number of nations have enacted legislation to protect dolphins and porpoises—particularly Australia, New Zealand, the United Kingdom, and the U.S. With bycatch a serious and widespread threat to cetaceans, there is an urgent need to better document the extent of this threat, assess cetacean populations, develop alternative fishing gear and practices and, at the same time, institute effective regional agreements that call for mitigation measures ranging from temporal and spatial closures to deterrents. There is also the need to foster greater engagement by inter-governmental bodies (e.g. Food and Agriculture Organization of the United Nations (FAO), the United Nations, and the International Union for the Conservation of Nature (IUCN)) as well as international regional fishery management bodies. Because it requires a country to outline specific measures to address bycatch, the FAO’s International Plan of Action model and resolutions adopted through regional fishery management organizations may provide useful mechanisms to address interactions between cetaceans and fisheries. Finally technology transfer is necessary to develop the scientific infrastructure necessary to monitor cetacean populations, fisheries, and any accompanying bycatch. There are other recognized threats to cetaceans including toxic pollution, acoustic pollution, ship strikes, environmental change, global warming, and habitat degradation. The occurrence and effects of these threats are even more poorly documented than bycatch. With provisions in U.S. law and international attention turning toward cetacean bycatch, it is appropriate that the focus of this report is the assessment and mitigation of global cetacean bycatch. Any efforts to better document and mitigate bycatch will have collateral benefit to address other threats to cetaceans. Therefore, this report will evaluate the magnitude of the bycatch problem, the affected species and the geographic areas of high risk, and the recommended actions from various independent institutions. The report will describe the tools afforded through the MMPA and international agreements relevant to marine mammal conservation and bycatch; identify gaps in conservation and management efforts related to cetacean bycatch and identify opportunities for international action, cooperative research, and information exchange. The final element will prioritize and recommend strategic actions that NMFS’ Office of International Affairs can undertake to address the international cetacean bycatch threat. v Methodology The report was completed under contract with the Office of International Affairs of the National Marine Fisheries Service (NMFS) of NOAA for a study that details steps it could take to engage foreign nations and multilateral organizations in reducing marine mammal bycatch. The project scope of work called for an evaluation of the most significant threats to cetaceans, the affected species and the geographic areas of high risk, and the recommended actions from various independent institutions. The report identifies gaps in conservation and management efforts related to threats to cetacean