UNITED STATES DISTRICT COURT NORTHERN ... - Bizjournals

Case 1:13-cv-03241-AT Document 1 Filed 09/30/13 Page 28 of 6413.1 feet] deep). The collection team sailed with equipment from Chkalova Island,a location near the mid-point of Baydukova Island where belugas are known toforage for salmon in shallow water near shore. As the team sat at anchor, itsearched for beluga groups swimming in shallow waters (approximately two tofour meters deep) using binoculars. The collection team did not chase or drivewhales into shallow waters. Instead, the team only engaged whales that werealready located in shallow nearshore waters or those that were moving voluntarilyin the direction of such shallow waters. For groups fitting the latter description,the collection team would track the location of the group from a distance andwould act only after the whales swam into sufficiently shallow water.59. When a group of belugas was detected, the collection team conductedan initial visual assessment using binoculars to estimate the number and age of theanimals present and to identify the presence of any newborn calves, mother-calfpairs, or juveniles less than one year old. No action was taken by the collectionteam until the initial assessment was completed and the team was certain of thecomposition of the group. This is the same protocol utilized in studies approved byNMFS. Because the collection team could safely engage only a limited number ofwhales in one attempt, the team would not engage if there were more than fiveanimals present. Furthermore, the collection team would not engage any group if28