Research Litigation Settlement
Humane Society vs. NOAA Fisheries
A recent settlement in a case between the Humane Society and NOAA’s National Marine Fisheries Service has allowed specific "no-take and low-take" Steller sea lion research activity to resume under the following permits.
- U.S. District Court Opinion, May 2006
- U.S. District Court Order, May 2006
Settlement Agreement - June 2006
A. No Take Activities. The following “no take” activities may be conducted by the following permit holders:
(1) Permit No. 782-1768 National Marine Mammal Laboratory, NMFS
Behavioral and demographic observations from land:
Visual observation of sea lions from hidden observation posts on Ugamak and Marmot Islands, outside of the view of sea lions. No sea lion disturbance is anticipated.
(2) Permit No. 358-1769 Alaska Department of Fish and Game
Behavioral and demographic observations from land:
Visual observation of sea lions from hidden observation posts on Lowrie Island, outside of the view of sea lions. No sea lion disturbance is anticipated.
(3) Permit No. 881-1668 Alaska Sea Life Center
Operation of remote-controlled camera systems:
Operation of a remote-controlled camera (already in place) on Chiswell Island, and receiving a video feed to observe sea lions hauling out within range of the cameras. This activity does not require approaching the rookery, or disturbance in any manner. No sea lion disturbance is anticipated.
(4) Permit No. 434-1669 Oregon Department of Fish and Wildlife
Operation of remote-controlled camera systems:
Operation of a remote-controlled camera (already in place) at Rogue Reef (OR) and St. George Reef (CA) and receiving a video feed to observe sea lions hauling out within range of the cameras. This activity does not require approaching the rookery, or disturbance in any manner. No sea lion disturbance is anticipated.
B. Low Take Non-Invasive Activities. The following “low take” activities may be conducted by the following permit holders:
(1) Permit No. 782-1768 National Marine Mammal Laboratory, NMFS
Incidental disturbance during observations of sea lions from boats:
Low-level disturbances of sea lions during counts and mark resighting cruises conducted from small boats moving in front of haulouts and rookeries. These surveys will occur for approximately two (2) weeks during each of two time periods, May 1-31, 2007 and August 1-31, 2007. Defendants believe that during such surveys, the likely behavioral change is that some sea lions may alter their behavior from a resting position to an alert posture and that a few animals may enter the water, but believe this reaction is not common.
Incidental disturbance during aerial surveys:
Low-level incidental disturbance associated with aerial surveys to assess population trends. These aerial surveys are for localized, regional surveys around Kodiak, Alaska. These surveys are to be conducted in addition to the non-invasive “non-pup” aerial survey by the National Marine Mammal Laboratory as permitted by the court in its June 13, 2006 order. This survey will occur for a two week period between June 15, 2006 and July 15t, 2006, September – December 2006, and March 2007. Defendants believe that the actual number of seals showing any reaction to an aircraft passing overhead is likely to be small. For those sea lions that do show some reaction, the typical response is to change from a resting to an alert posture and that a few animals may enter the water, but Defendants believe that this response is not common.
(2) Permit No. 358-1769 Alaska Department of Fish and Game
Incidental disturbance during observations of sea lions from boats:
Low-level disturbances of sea lions during counts and mark resighting cruises conducted from small boats moving in front of haulouts and rookeries. The cruises will occur over a two week period during the following months in 2006-2007: January– February, April, and June-July. Defendants believe that during such surveys the only behavioral change likely is that some sea lions may alter their behavior from a resting position to an alert posture.
(3) Permit No. 881-1668 Alaska Sea Life Center
Maintenance of remote-controlled camera systems:
Routine maintenance of a remote-controlled camera system (already in place) at Chiswell Island, Alaska conducted several times per year. There is no set maintenance schedule and it is done on an as-needed basis. However, maintenance will not occur during the peak pupping period from May 15-July 10. Maintenance activities at other times at the camera site may cause minimal disturbance of sea lions along the periphery of the rookery. This activity does not require directly approaching the rookery, but personnel approaching the nearby camera site may be seen by sea lions, which could result in low level disturbance including animals altering behavior from a resting posture to an alert posture. The activity will not occur during the pupping season.
(4) Permit No. 715-1784 North Pacific Universities Marine Mammal Research Consortium
Incidental disturbance during observations of sea lions from boats:
Low-level disturbances of sea lions during counts and mark resighting cruises conducted from small boats moving in front of haulouts and rookeries. The boat surveys are frequent, approximately one per month year round in southeast Alaska. Defendants believe that, during such surveys, the only behavioral change likely is that some sea lions may alter their position from a resting posture to an alert posture and that a few animals may enter the water, but Defendants believe that this response is not common.
Incidental disturbance during aerial surveys:
Low-level incidental disturbance associated with aerial surveys to assess population trends. The aerial surveys are coordinated with the boat surveys and occur approximately once per month year round in Southeast Alaska. Defendants believe that the actual number of seals showing any reaction to an aircraft passing overhead is likely to be small. Defendants believe that, for those sea lions that do show some reaction, the typical response is to change from a resting to an alert posture.
Behavioral and demographic observations from land:
Visual observation of sea lions from observation posts on Brothers Island in southeast Alaska. During these activities there is a possibility that a small number of sea lions may be incidentally disturbed while the observers are making their way to and from their observation posts. This activity does not require directly approaching this haulout site. According to Defendants, Brothers Island is not a rookery, so no pupping occurs at this location. Personnel approaching the observation posts may be seen by sea lions, which could result in low level disturbance such as changing from a resting posture to an alert posture.
Maintenance of remote-controlled camera systems:
Routine maintenance of a remote-controlled camera system (already in place) at Brothers Island, Alaska several times per year. There is no set maintenance schedule. However, when necessary, routine maintenance usually occurs during boat surveys. This would result in up to one maintenance activity per month. However, Brothers Island is not a rookery; therefore, no pups or mother-pup pairs will be disturbed. Maintenance may cause minimal disturbance of sea lions along the periphery of the rookery. This activity does not require directly approaching the rookery, but personnel approaching the nearby camera site may be seen by sea lions, which could result in low level disturbance. Defendants believe that some sea lions may alter their position from a resting posture to an alert posture and that a few animals may enter the water, but believe this response is not common.
(5) Permit No. 434-1669 Oregon Department of Fish and Wildlife
Maintenance of remote-controlled camera systems:
Routine maintenance of a remote-controlled camera system (already in place) at Rogue Reef, Oregon and St. George Reef, California. Maintenance activities at the camera site may cause minimal disturbance of sea lions along the periphery of the rookery. This activity does not require directly approaching the rookery, but personnel approaching the nearby camera site may be seen by sea lions, which could result in low level disturbance. The activity will not occur during the pupping season.
(6) Permit No. 1010-1641 Aleutians East Borough
Incidental disturbance during aerial surveys:
Low-level incidental disturbance during quarterly aerial surveys of Steller sea lion abundance and trend surveys conducted in March, June, September and December. Defendants believe that the actual number of sea lions showing any reaction to an aircraft passing overhead is likely to be small. For those sea lions that do show some reaction, the typical response is to change from a resting to an alert posture.
C. Low Take Handling and Release of Captured Animals. The low take handling and release of previously captured animals may be conducted by the following permit holder:
(1) Permit No. 881-1668 Alaska Sea Life Center
Release of captive animals:
Release of sea lions that the Alaska SeaLife Center is now holding in captivity. Prior to the permits being vacated, the ASLC had captured four (4) sea lions to conduct health assessments that now need to be released.
The protocol for release of sea lions now held by the ASLC will include the following: collection of blood for CBC, blood chemistry, viral serology; skin and mucosal swabs for pathogen screening; and morphometrics and ultrasound readings for body condition. Pathogen screening requires two weeks, during which time the animals will not be handled or sampled.
During the release (approximate time -- end of June 2006) the animals will be sampled for blood (for final CBC and chemistries), morphometrics and ultrasound readings. Anesthesia and physical restraint will be required for the safety of the animals and personnel.
The protocol for release of animals currently held by ASLC will not include additional standard exit procedures, including deuterium oxide dilution, blubber biopsy, branding, flipper tagging, and satellite tagging.