The formal hearing took place in Seattle from 1-7 December 



1986. Testimony was presented by expert witnesses for all of 

 the parties. Initial briefs on the permit application were 

 filed with the Administrative Law Judge on 29 December 1986. 



In its brief, the Commission recommended that the permit to take 

 Dall's porpoise be issued for two years, subject to research 

 and monitoring conditions. Due to the lack of reliable data 

 on the status of the affected stocks, the Commission recommended 

 that the permit not be issued for northern fur seals and 

 northern sea lions. It also recommended establishment of an 

 ecosystem protection zone around the Aleutian Islands which 

 would be closed to gill net fishing by the Federation. The 

 environmental organizations and the Kokechik and Qaluyaat 

 Fishermen's Associations opposed issuance of the permit. The 

 National Marine Fisheries Service supported the issuance of a 

 five-year permit to take annually up to 4,200 Dall's porpoise 

 and 450 fur seals from the Commander Islands stock. 



Reply briefs were filed by all parties on 9 January 



1987. In its brief, the Commission reaffirmed its earlier 

 positions and emphasized that quota reductions should be 

 applied if the term of the permit was extended. On 23 January 

 1987, the Service published a Federal Register notice setting 

 forth required statements on the status of the Commander 

 Islands fur seal stock. This action was necessary because, 

 during the rulemaking process, the Federation explained that 

 it was requesting permission to take fur seals only from the 

 Commander Islands stock, not the Pribilof Islands population 

 which the parties considered to be depleted. 



The Administrative Law Judge issued his Recommended 

 Decision on 6 March 1987. He recommended that a five-year 

 permit be issued allowing the Federation to incidentally take 

 1,750 Dall's porpoise and 45 northern fur seals during 1987, 

 and that, for each of four subsequent years, the quota be 

 reduced by five percent from the previous year. He recom- 

 mended denial of the request to take sea lions. The Adminis- 

 trative Law Judge also made findings and recommendations 

 concerning permit terms and conditions and further research 

 needs, most of which were consistent with the Commission's 

 recommendations . 



All parties filed exceptions to Administrative Law Judge's 

 Recommended Decision. In its 2 April 1987 brief, the Commission 

 urged that a permit be issued for a shorter period of time, that 

 fur seals be excluded from the permit, and that the Aleutian 

 Islands ecosystem protection zone be established. It also 

 requested that additional emphasis be placed on developing 

 improved fishing gear and techniques to reduce incidental 

 take. The Federation filed numerous exceptions, including 

 objections to the Dall's porpoise quota and the mandatory 

 annual quota reduction. The Eskimo fishermen's groups and 



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