Supplementary form additional information Question 1. Additional information. - The number of whales interfered with will vary depending on activity type. Activities requiring permitting under the EPBC Act Regulations include approaching whales within 100m for (a) fluke identification, (b) body condition analysis, (c) biopsy sampling, and (d) attaching suction cup D-tags. - Some whales will be exposed to more than one of these activities and consequently, the number of whales approached for each activity will vary. - Over the three years of field work it is anticipated that a maximum of 660 (220 a year) whales (compared to the estimated population size of 14,000 in 2010) will be approached. Of these 660, 150 will be biopsied and a maximum of 60 whales will be tagged. The 660 approached also allows for animals that may be approached for tagging but are then deemed evasive and left alone for a new target animal to be approached to successfully put a tag on. It also accounts for situations where groups of feeding animals will be targeted with the aim of tagging one of the whales. - In addition to the boat based activities, land based data collection and collection of environmental data not requiring permitting under the Act will be collected to study the group dynamics and behaviour of the animals as well as to determine what environmental factors are important in driving feeding behaviour in the area. Question 4. The Action. The Action is to complete scientific field research on the ecology and importance of feeding behaviour on migratory stopovers of humpback whales (Megaptera novaeangliae) off the coast of Eden, NSW. A. The equipment and methods used to comply with the EPBC Act Regulations The equipment used will be D-tags, a Paxarm biopsy rifle, a theodolite, a CDT recorder, an Echo sounder and a SLR camera. The Paxarm biopsy system has become the standard system used to biopsy cetaceans around the world. The dart collects a small sample of tissue that is able to be used for genetic analysis (in addition to being able to be stored for future analysis of body condition, toxicology, fatty acids, stable isotopes and hormones if required). Darts are sterilised by washing in alcohol and flaming before using to reduce the chance of infection. Studies have shown that the impact of biopsy sampling on the behaviour of humpback whales is minor (Brown et al. 1994, Clapman et al. 1993). These conclusions are similar to our own experience where we see that the same behaviour the whale was conducting prior to biopsy is resumed immediately following a biopsy sample being taken. Only crew who have completed a Firearms Safety Training course and hold a NSW Firearms Scientific Purposes Permit will be responsible for whale biopsy. In addition, drivers approaching the whale for biopsy will be extremely experienced at driving small vessels in close proximity to 1 cetaceans and at monitoring cetacean behaviour. Calves will not be biopsied as a part of this action. Additionally, each animal will only be biopsied once. Only animals in the group involved in a focal follow will be biopsied. In instances where group sizes are large (at times in 2011 up to 9 individuals) only individuals seen to have been closely associated with the main focal animal will be biopsied. D-tags (Johnson et al. 2003) are digital recording tags that provide a wealth of information about the underwater behaviour and acoustic environment of the tagged animal. They are attached using suction cups and release by allowing water into the suction cups. The tag (approximately 2cm high * 25cm long * 12cm wide) accurately records the pitch, roll and heading of the animal providing accurate insight to the underwater movements of the animal while feeding. The use of these tags is able to show whether or not sub-surface feeding occurs in Eden as has been seen in humpback whale populations in other parts of the world. An accurate, 3D image of the movement of the whale is able to be constructed and compared to the distribution of its prey. The acoustics recorded can also provide insight into how whales work together to synchronise feeding behaviour (which has been observed on several occasions off Eden). A theodolite is a device that is used to determine the position of the whales using known height of the device above sea level and angle to a particular object. This angle is then able to be plotted as a distance and bearing from the device into a computer software program called VADAR (developed by Eric Kniest, University of Newcastle). The use of the theodolite will allow valuable data on whale behaviour and density in the area to be collected without impacting on the whales. A CDT recorder is a device that records the salinity and temperature of the water at different depths. This will be lowered at various points throughout the study area to determine environmental conditions. Additionally, in order to map prey availability to the whales in the area an echo sounder will be used to record the density and depth of prey. This is a common device (similar to a fish finder) and method used worldwide to map whale prey availability (Goldbogen et al. 2008, Friedlaender et al. 2009). This device is positioned at the back of the vessel and will record during a focal follow. Echo sounder recordings will also be taken in areas where whales are not found feeding in order to compare the prey availability and determine if this may be a factor driving migratory feeding. The collection of environmental data and comparisons between seasons will provide preliminary insight into the environmental conditions driving feeding behaviour. An SLR camera will be used to collect photographs of the whales. The colouration on the underside of the fluke of each animal is unique, in addition to the shape of the flukes and dorsal fin. This will be used to ensure each animal is only tagged/ biopsied once. Additionally, photos will also be taken to assess body condition of the whales. B. What steps will be taken to minimise impacts on cetaceans? Data on the density of whales in the area and proportion of those groups feeding vs. not feeding will be collected from land based observations, not requiring permitting under the EPBC Act Regulations. This will provide us with information on the types of group sizes found feeding off Eden. It will also provide insight into the areas whales forage in the region and the spatial use of feeding whales. 2 It is possible that approaching a whale to attempt tagging or biopsy may cause some distress to the animal. However, the behaviour of the animal will be monitored continually as an approach is made as well as after tagging. Any animal that displays strong avoidance behaviour (rapid changes in direction and/or aggressive surface behaviour such as tail slaps) will be left alone and a new target animal will be selected. From experience on previous tagging projects in Queensland, in most instances the response of the animal to approaches is extremely minor and the pre-approach behaviour of the animal is resumed. Additionally, from our experience on this project in 2011, the large majority of the animals appeared to be extremely preoccupied with feeding and were not disturbed by the presence of the vessel. It is also worth noting that the research team will be approaching feeding animals with the hope of tagging the animal to record feeding behaviour. It is not in the best interest of the research team to disturb the animal as if it ceases feeding and begins migrating then the data collected, although possibly relevant for other studies, will not be relevant for this current action. Additionally a highly disturbed animal is likely to behave differently in a number of ways and this can bias the data. For this reason, the researchers will be extremely cautious not to disturb the whales on approach. D-tags are non-invasive tags that are attached by suction cups and so do not harm or scar the animal in any way. Additionally, the biopsy samples collected are a tiny sample in comparison to the size of the animal. Given the usefulness of the samples to a number of different disciplines, the ability to store samples for future use, and the mild reactions observed in whale behaviour the collection seems warranted to assist in the conservation of this population. In addition, each whale will only be tagged and/or biopsied once. The research team will identify individual whales using photographs of the underside of the whales’ fluke which is unique to each whale. Using these photographs the team will actively avoid tagging/biopsying the same whale more than once. Additionally, it is likely that individuals targeted on one day will have migrated further south out of the study area on the subsequent day. Only one whale will be tagged per day. Another way that the impact of this action on the population of Australian humpback whales will be reduced is that no calves will be tagged or biopsied. C. The objectives and purposes of the action This action aims to determine: How humpback whales feed on a migratory stop over, How whales synchronise feeding behaviour using acoustics, What environmental features influence feeding behaviour, What whales rely on feeding on migratory stopovers to a great extent, What is the importance of migratory stop overs to the overall ecology of humpback whale populations? Question 5: This action is entirely research. To our knowledge, only the Pacific Whale Foundation (PWF) is also conducting research on humpback whales in the area off Eden. Their research involves collecting fluke identification images in order to better understand the movement of the whales between 3 different regions along the East Australian coastline. We will be cooperating with PWF in the field in order to minimise the impact on the whales in the following ways: - We will attempt to maintain a strong and open line of communication with PWF in regards to our aims and intentions, our current position on the water and associated whale behaviour. - If we are mid focal follow on a group that PWF are yet to photograph we are willing to donate any fluke photographs obtained in order to avoid the animals being approached and disturbed for a second time and also potentially biasing our behavioural data. A. A copy of the research proposal Humpback whales are a cosmopolitan species that undertake large annual migrations from polar feeding ground to tropical breeding grounds. The species is divided into several separate populations globally. The east Australian population migrates from the warm tropical waters of the Coral Sea down to Antarctic waters which are a major feeding ground. Feeding and breeding activities are largely believed to be confined to set feeding and breeding areas; however there is growing evidence that humpback whales may feed opportunistically while migrating or on breeding grounds (Baraff et al. 1991, Best et al. 1995, Alves et al. 2009. Danilewicz et al. 2009). The area off Eden NSW has recently been highlighted as a potentially important area for feeding of humpback whales (Stamation et al. 2007). Between September and November whales are seen feeding regularly in this area while migrating south to the Antarctic. Although the feeding behaviour of a number of humpback whale populations has been studied, very little research has been conducted in the southern hemisphere. Additionally no research has been conducted on the importance of migratory stopovers to migrating cetaceans. For other migrating taxa such as birds and terrestrial mammals, supplemental feeding at migratory stop overs is vital to the success of migration. Additionally, foraging behaviour and prey selection has been shown to change while on migration in these taxa, but this factor has never been considered for marine mammals. The feeding behaviour observed each spring off Eden provides us with a unique opportunity to address some of these questions. The purpose of this action is to determine the significance of feeding behaviour off Eden to the overall ecology of the East Australian population of humpback whales. Specifically this action aims to: 1) Determine how whales feed by looking at fine scale feeding behaviour on a migratory stopover (using suction cupped D-tags, boat-based focal follows, acoustic recordings and biopsies for sexing animals in the feeding group), 2) Consider how prey distribution and environmental features influence feeding behaviour (using echo sounders and other environmental sampling measures), 3) Look at the dynamics of group size of feeding groups (using theodolites on hill surveys) 4) Determine what acoustic signals are used by the whales to synchronise feeding (using acoustics collected on D-tags) and determine the importance of sound in group feeding events. 4 The action is proposed to take place in September/October for the next three years during the southward migration of the population. Additionally, a second fieldwork season in May/June will allow a comparison of the body condition and environmental variable differences between the two times of year when humpback whales are in the area. The action will take place in the waters directly off Eden but it is possible that the study area will extend further south and north due to the unpredictable path chosen by the tagged whale (see attached map). No whales will be approached outside the designated area. D-tags In order to determine how the whales feed in the area, suction cupped D-tags will be attached to the back of the whales. These tags record data on the pitch, roll and heading of the whale while underwater and are sensitive enough to be able to provide data on the individual fluke strokes of the tagged animals. In addition, the dive depths and pseudo track of the whale is recorded as is the sounds produced by the whale and by other whales in close proximity of the tagged animal. Only trained personnel will be responsible for tag deployment. To attach the tag, a small centre console boat will be used to approach the whales. The tag is put on the end of a 6m long pole and held by a member of the crew strapped into a bow sprit. When close enough to the whale the pole is positioned over the animal and lowered onto the back between the blow hole and dorsal fin. Tags will be placed onto the backs of whales for 3 hours, after which time the tags are programmed to release and will be collected so that the data can be downloaded. During the time that the tag is on a focal follow will be completed of the tagged animal. The whale will be tracked visually and using VHF radio signal emitted by the tag when the whale is at the surface. The use of these tags is able to show whether or not sub-surface feeding occurs in Eden as has been seen in humpback whale populations in other parts of the world. An accurate, 3D image of the movement of the whale is able to be constructed and compared to the distribution of its prey. The acoustics recorded can also provide insight into how whales work together to synchronise feeding behaviour (which has been observed on several occasions off Eden). Boat-based focal follows After an animal has been tagged a boat based focal follow of the animal will be completed. This involves following the animal from a distance that is close enough to observe behaviour but far enough away so as to not disturb the animal and affect the behavioural data that is collected. An audio recorder that time stamps audio records will be used to record the position and surface behaviour of the tagged animal. Surface behaviours (such as blow, pectoral slap, breach, feeding lunge) are then able to be overlaid onto the underwater movement recorded by the tag. Environmental data collection In order to determine which environmental variables are important in driving feeding behaviour environmental data will be collected by the research team. This will involve the deployment of an echo sounder that will be towed to record the density of krill and fish in the area. This is a common method used worldwide to study whale prey availability. Another instrument that will be used is a CDT recorder. This is lowered off the side of the vessel and is used to record the temperature, 5 salinity of the water at different depths. Additionally remote sensed data on variables such as currents and chlorophyll α level will be collected from various online resources. Biopsy In order to determine the sex of the tagged animal biopsy samples will be taken. The standard technique for biopsy of cetaceans worldwide uses a Paxarm biopsy rifle system. This involves a small dart with a metal tip being fired at the flank of the animal, which bounces off on impact and floats for collection of the sample. These samples can then be stored and a portion of the sample will be donated to the Australian Marine Mammal Centre for potential use in future studies. Photo ID Photo identification will be used as an attempt to ensure that each whale is only tagged and biopsied once. This is done by matching the shape of the tail fluke and dorsal fin as well as pigmentation patterns on the ventral side of the tail flukes. Photo identification will be obtained on the same approach as tagging and biopsy attempts by an additional crew member. Additionally, photos of the whales will be used to assess body condition of the animals to look for differences between the two seasons (northward migration in May/June and southward migration in September/October). Land based surveys In addition to boat based activities, land based observations of whales will also be completed. This will be done using a theodolite and binoculars to monitor whale feeding behaviour, group dynamics and the spatial pattern of feeding behaviour. The theodolite is used to pin point the position of the whale that then sends data to computer software program VADAR where it is plotted. B. The names of researchers involved in or supporting the research David Donnelly Kylie Owen Dr Rebecca Dunlop Dr Michael Noad C. Relationship of the researchers to the permit applicant, including any funding being provided by, or to, the applicant David Donnelly, APPLICANT Kylie Owen, PHD STUDENT Dr Rebecca Dunlop, PROFESSIONAL COLLEAGUE Dr Michael Noad, PROFESSIONAL COLLEAGUE 6 Question 8: Why do you believe that the action will contribute significantly to the conservation of cetaceans? The main aim of this research is to develop a better understanding of the ecology of humpback whales, specifically to address how important supplemental feeding behaviour off the coast of Australia is to the east Australian population of humpback whales. It aims to develop a greater understanding of how whales feed by studying fine-scale feeding behaviour, the acoustic behaviour during feeding and the importance of sound and noting any co-operative feeding behaviours. The project will also look at prey species and the density of this prey species as well as which whales feed during migration (whether they are primarily males, females or females with a calf), give an indication of the proportion of migratory whales that feed in this area and preliminarily determine which environmental factors are important in driving the feeding behaviour off the coast of Eden (e.g. local upwelling). This will allow determination of vital feeding habitat and highlight the potential impact of anthropogenic influences or environmental change, which will contribute significantly to the conservation of this population. Additionally, feeding behaviour on a migratory stopover has never been studied for marine mammals. Any differences highlighted in migratory feeding behaviour and main feeding ground behaviour will allow more accurate conservation decisions to be made about many marine mammal species. Question 11: Describe how the action will be consistent with any recovery plans or wildlife conservation plans in force for the species of cetacean that may be affected by the action. One of the main objectives of the humpback whale recovery plan (2005) is to "maintain the protection of humpback whales from human threats". Habitat degradation is identified as a threat and a better definition of feeding habitat (spatial, temporal, and physical) is a recommended action of this plan. The main aim of this research is to develop a better understanding of which whales feed, how they feed and where humpback whales are feeding off the coast of Australia so that any potenital changes in the future can be interpreted accordingly and management action can be taken if needed. Additionally, the Department of Environment and Conservation has identified four priority actions to help humpback whales recover in NSW. One of these- “Improve knowledge of humpback whale feeding ecology, and the ecology of prey species to assist with determining areas of critical habitat for the species,” matches the aim of this proposed action. Question 13: There are no proceedings against the proposed permit holder. 7