Authorizations and Permits for Protected Species (APPS)

In addition to right whales status (see above in project description section), we anticipate opportunistically approaching by vessel or aircraft non-target species while undertaking activities that are part of our directed field work on right whales (as described in other sections) : blue whales (ESA endangered; MMPA depleted), fin whales (ESA: endangered; MMPA: depleted), minke whales  (ESA not endangered; MMPA depleted), sei whales (ESA endangered; MMPA depleted), sperm whales  (ESA endangered; MMPA depleted), humpback whales (ESA endangered; MMPA depleted), and bowhead whales  (ESA endangered; MMPA depleted), along with odontocetes and pinniped species not listed under the Endangered Species Act.  Harp, harbor, grey and hooded seals may also be approached and harassed incidental to regular targeted field studies. All marine mammal species listed in the takes table are protected under the MMPA.  Research efforts will not intentionally be directed at the non-target species (all except for right whales) but instead they may be unintentionally approached and opportunistically studied (e.g., photography, count/survey, observations) if encountered) during the ongoing right whale surveys.

The proposed research may result in short-term disturbance to individual right whales as a result of approaches for photo-identification or habitat sampling from vessel and aerial platforms. In a small number of cases (approximately < 10%), animals may exhibit avoidance behavior, appearing to turn away from the vessel or diving  in response to a research platform, however, because documentation of behavior is a goal of the project, such disruptions due to vessel operations will likely be minimized (see section below). In past cases of behavioral disruption, individual right whales resume and maintain their pre-disruption behavior after an approach.

Approaches to other protected species are expected to have a substantially smaller effect since they are not the target of approaches, hence the duration of approaches within 500 meters by vessel or 1,000’ altitude by aircraft are expected to be minimal and incidental to regular sampling activities.

In 2014 while collecting zooplankton and not strictly working with right whales in Cape Cod Bay, R/V Shearwater struck a right whale, as reported to NOAA. The Cape Cod Bay study area is a critical habitat and ALL operations by CCS vessels in the bay during the winter and early spring follow strict guidelines regarding observers and speed. Strict adherence to the vessel speed regulations by NOAA and MADMF in Cape Cod and Massachusetts Bays limiting vessel speed to a maximum of 10 kts add a high level of risk reduction to the cruise efforts. During the 2014 event the vessel logged speeds between 8 and 9.8 kts and that slow speed likely resulted in the minimal effect on the whale, although behavior was disrupted for at least 15 minutes.  

As for the probability of collision, because the potential is probabilistic, there is always a possibility of collision given the unusual number of whales in the area, the small size of the bay, and the whales’ near-surface behavior. With diligent adherence to federal and state regulations, which we exercise from dock to dock during the winter and early spring, the chances of collision by our vessel will be minimized as much as is possible. These include having a crew of trained and vigilant observers, traveling at slow speed, and work in appropriate conditions.  We will continue to operate with much more stringent requirements than those for the small vessels operating in Cape Cod Bay and throughout the study area.  We cannot increase the number of trained observers because of limits on vessel passengers.

At present we do not have nor have we sought IACUC approval since we will not be tagging right whales.

The negative effects that will likely be associated with the activities being requested are the short-term behavioral disruption that occurs during a fraction of approaches to right whales and rarely for other non-target marine mammals for photo-identification, habitat sampling, and UAS field efforts associated with right whale research. While behavioral disruption occurs infrequently for both target and non-target species, we will take the following measures to avoid disturbance:

* Active vessel approaches to individual right whales for photo-ID at <4 kts will be limited to the minimal number of surface sequences possible for sufficient photo-identification, documentation, and sampling. A surface sequence is defined as the time between rising to the surface after a long-duration dive and the next long duration dive; long duration dives are often but not always indicated by "fluking" behavior. Active approaches of non-target species are not anticipated.

*When plankton sampling in the vicinity of the whales, we will not "close" whales (i.e. intentionally approach) after entering areas where they are present, but instead sample in their vicinity.  Sampling in the feeding path does not close the whales but instead is carried out by following the path of a whale at its swimming speed at a range of approximately 100 m. 

*Manned aerial survey tracks will be flown at altitudes of 1,000 feet or greater. Circling time over right whales will be limited to the minimum time necessary to obtain photographs of sufficient quality for identification purposes and when possible an altitude >1,000’ during circling will be maintained as long as safety of crew and aircraft are not compromised. 

*Unmanned aerial documentation by UAS will be strictly limited both in duration of the over flight and the altitude to minimize disturbance as described in the body of the permit reapplication for photo-identification, for behavioral documentation, and for zooplankton documentation.  For the plankton imaging by UAS, as noted above in the methods, imaging and surface landing will not take place closer than 50 meters from a whale and will be monitored from the vessel by spotters, the permit PI, and the UAS pilot.  As detailed above, the ZCam deployment is not likely to pose a risk of entanglement or ingestion.  Feeding whales are virtually always visible to the observers monitoring and controlling the flight, during which time it is highly unlikely that a monitored UAS sampling vehicle will represent an ingestion or entanglement risk to a feeding whale.  We do not anticipate a whale surfacing from underneath the UAS due to the whales’ skimming behavior – right whales are not lunge feeders.  Use of a UAS is unlikely to pose a risk to another whale species feeding in the same area for many reasons not the least of which is that only a skimming Sei whale is found with skimming right whales and proper monitoring of skimming whales by trained observers and UAS pilot make ingestion or entanglement a non-issue with trained observers communicating with the UAS pilot.  If whales approached the UAS or camera closer than 50 m, the UAS would ascend and plankton imaging would stop until the animals move more than 50 m away.  

Criteria for determining if behavioral disturbance has occurred may include but are not limited to: evasive behavior, cessation of feeding, significant increase in dive times, and high energy behavior (e.g. breaching or lob tailing).  If an animal exhibits evidence of such significant disturbance, the chief scientist will evaluate the context of the observation and terminate the activity if in his/her judgement the whale’s activity suggests disturbance due to platform presence; in such a case the UAS or vessel will depart the area and no further attempts to approach will be made during that day.

A variety of existing equipment, vessels, and aircraft will be used to collect the data to achieve the stated objectives. Trained personnel are an essential component of the study and required to achieve the objectives in a safe manner and with adherence to the requirements of the permit. The core teams involving the air and sea components of the study are all experienced in the study of right whales and well versed in the tasks of photo-ID, sample collection, behavior documentation. The on-land components are to be accomplished with standard techniques and equipment. The flight and vessel crews are fully trained and include members with more than 10-35 years of directed operations and study of right whales in Cape Cod waters and elsewhere. Presently we are funded by NOAA through MADMF for the activities and equipment described in this application. 

We await permission from the National Park Service for taking off and landing in the Cape Cod National Seashore Park.  Proper FAA permits are held by the aerial survey aircraft provider, vessels to be used in these studies have proper state and U.S, Coast Guard registration and are fully insured.  The UASs are permitted through FAA.

As described above, sloughed skin and fecal samples may be analyzed and stored at CCS, or would be sent to Co-Investigators and Authorized Recipients (to be determined at a later date).

Preliminary results of the surveys of the Cape Cod Bay area will be made available to approximately 75 organizations and professional colleagues, including several offices of NMFS GARFO, NMFS NEFSC, and MADMF, immediately after the completion of a cruise or flight, and should high risk human activities be observed during a cruise or flight, the crew will, as in the past, inform authorities. Subsequently analyzed information on the conditions of the study area and results of both vessel and air survey distribution and photo documentation information is made available through a detailed near-real-time reports to MADMF, NMFS, and the Consortium.  Furthermore, research work is discussed in the media, print and digital, and in film in an effort to inform the public.