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The letter pointed out that, based on incidental take rates 

 recorded by the California Department of Fish and Game, it 

 is conservatively estimated that 90 harbor porpoise could be 

 entangled and killed in nets at the present level of fishing 

 in the four-month halibut season from mid-May to mid-September. 

 In addition, records of beach-cast harbor porpoise carcasses 

 showed an alarming increase in numbers in recent years, 

 particularly in 1983. Many of these animals had obvious net 

 marks or other evidence suggesting entanglement. Data from 

 a three-county area in north/central California show that, 

 between 1963 and 1979, an average of 2.4 animals were beach- 

 cast per year. From 1980 to 1982, this average increased to 

 10.6 per year and, as of the fourth quarter of 1983, 40 

 harbor porpoise carcasses had already been recovered. 



Based on this information, the Commission concluded 

 that gill netting probably had already had a significant 

 adverse effect on the harbor porpoise population off north/central 

 California and it appeared highly unlikely that the population 

 could continue to sustain the present level of fishery- 

 induced mortality. Moreover, since the take is not "insignificant," 

 the need for a permit under the Marine Mammal Protection Act 

 to take marine mammals incidental to commercial fishing 

 operations cannot be waived. With respect to the level of 

 impact, however, the Commission noted that currently available 

 harbor porpoise estimates are not reliable and are probably 

 too low by some unknown magnitude and that it is therefore 

 not possible to estimate the percentage of the population 

 being taken at this time. 



The Commission recommended that: (1) the Service 

 immediately undertake consultations with the California 

 Department of Fish and Game to cooperatively assist in the 

 development and implementation of a strategy for remedying 

 this serious problem; 2) the Service, again in cooperation 

 with the California Department of Fish and Game, develop and 

 implement a program to assess and monitor the affected 

 population (s) ; and 3) the Service advise the Commission, 

 within six weeks, of the steps taken in response to these 

 recommendations . 



By the end of 1983, the Service had not responded to 

 the Commission's letter and recommendations. During 1984, 

 the Commission will monitor the actions taken by the Service 

 to assure, insofar as possible, that the problem is effectively 

 addressed. 



