CHAPTER VII 



MARINE MAMMAL/ FISHERY INTERACTIONS 



Many marine mammal species may affect and be affected by 

 fisheries. For example, marine mammals may be disturbed, 

 harassed, injured, or killed, either incidentally or deliber- 

 ately, during fishing operations; they may take or damage 

 bait and fish caught on lines, in traps, and in nets; they 

 may damage or destroy fishing gear while trying to remove 

 bait or caught fish or when they accidentally become entangled 

 in fishing gear; and they may compete with commercial and 

 recreational fisherman for the same fish and shellfish 

 resources . 



The Marine Mammal Protection Act recognizes that such 

 interactions can have significant adverse effects on marine 

 mammals, fish and shellfish stocks, fisheries, and the ecosys- 

 tems of which they are a part. The Act mandates that the 

 primary objective of marine mammal management should be to 

 maintain the health and stability of the marine ecosystem. 

 To reduce the possible impacts of marine mammal/ fishery inte- 

 ractions on fisheries, the Act provides that marine mammals 

 may be taken incidentally in the course of commercial fishing 

 operations and that permits authorizing such take may be issued 

 to fishermen subject to regulations prescribed by the Secre- 

 taries of Commerce and the Interior. Regulations promulgated 

 by the National Marine Fisheries Service authorize permit 

 holders to take whatever steps may be necessary, up to and 

 including killing marine mammals, to protect their gear and 

 catch. The Act also specifies procedures for waiving the 

 moratorium on taking marine mammals to give consideration to, 

 among other things, the conservation, development, and utili- 

 zation of fishery resources. 



To insure that marine mammal populations are not adversely 

 affected by interactions with fisheries, the Act: prohibits 

 the taking of depleted species and populations (i.e., those 

 that are below their level of maximum net productivity) ; re- 

 quires that all feasible efforts be made to reduce to insig- 

 nificant levels the incidental killing and injury of marine 

 mammals during commercial fishing operations; and, requires 

 that, before waiving the moratorium on taking or issuing permits 

 authorizing the take of marine mammals during commercial fishing 

 operations, the Secretary of Commerce or the Interior must 

 determine that the affected population is at or above its 

 maximum net productivity level and will not be adversely 

 affected by the authorized taking. In addition, the Act 

 requires that, in cases where waivers are requested to permit 

 population reduction, the Secretary shall determine whether 



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