CHAPTER VIII 



OTHER MARINE MAMMAL/ FISHERY INTERACTIONS 



Marine mammals may interact with fisheries in a number 

 of ways in addition to those described in the previous chapter. 

 They may be disturbed, harassed, injured, or killed, either 

 incidentally or deliberately, 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 fishermen for the same fish and 

 shellfish resources. 



Before passage of the Marine Mammal Protection Act in 

 1972, regulated and unregulated hunting, bounty programs, and 

 various forms of harassment were used in a number of areas to 

 eliminate or reduce marine mammal populations and thus eliminate 

 or reduce damage and loss of gear and catch being caused, or 

 thought to be caused, by marine mammals. As a result, marine 

 mammal populations in a number of areas were reduced to and 

 held at very low levels. 



The Marine Mammal Protection Act recognized that marine 

 mammal/ fishery interactions could have significant adverse 

 effects on marine mammals, on fish and shellfish stocks, on 

 fisheries, and on the ecosystems 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. It provided that marine mammals could 

 be taken incidentally in the course of commercial fishing 

 operations and that permits authorizing such take could be 

 issued to fishermen, subject to regulations prescribed by the 

 Secretaries of Commerce and the Interior. 



To insure that marine mammal populations were not affected 

 adversely by incidental take, the Act: prohibited the taking 

 of depleted species and populations (i.e. , those that are 

 below their level of maximum net productivity) ; directed that 

 all feasible efforts be made to reduce to insignificant levels 

 the incidental killing and injury of marine mammals during 

 commercial fishing operations; and reguired 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 reguires that, in 

 cases where waivers are reguested to permit population 



164 



