U.S. Fishery Conservation Zone before the 1987 season is 

 estimated at 0.47 porpoise per gill net operation. The mean 

 observed take rate for the 1987 season was 0.26 porpoise per 

 set. 



The 1987 Permit 



The extension of the 1981 general permit under the North 

 Pacific Fisheries Act expired on 9 June 1987. To fish for 

 salmon with gill nets in the U.S. Fishery Conservation Zone 

 beyond that date, the Federation was required to have its 

 permit renewed, pursuant to the requirements of the Marine 

 Mammal Protection Act. 



On 21 July 1986, the Federation applied to the National 

 Marine Fisheries Service for a five-year general permit to 

 incidentally take 5,500 Dall's porpoise, 450 northern fur 

 seals, and 25 northern sea lions. Pursuant to section 103 of 

 the Marine Mammal Protection Act, a formal rulemaking procedure 

 was initiated. The Marine Mammal Commission participated in 

 this procedure. 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 inci- 

 dentally 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 

 recommended denial of the request to take northern (Steller) 

 sea lions. The Administrative Law Judge also made findings 

 and recommendations concerning permit terms and conditions 

 and further research needs. 



The final decision of the Under Secretary of Commerce 

 and the general permit were issued on 22 May 1987. The final 

 decision was published in the Federal Register on 28 May 

 1987. The permit was issued for three years and established 

 an aggregate three-year quota of no more than 789 Dall's 

 porpoise from the Bering Sea stock and no more than 5,250 

 porpoise from the North Pacific Ocean stock. During any 

 calendar year, no more than 448 animals could be taken in the 

 Bering Sea and no more than 2,494 from the North Pacific 

 Ocean. In accordance with the Commission's recommendation, 

 the request to take fur seals and sea lions was denied on the 

 grounds that the Federation had failed to meet its burden of 

 proof to demonstrate that the affected stocks were within 

 their optimum sustainable population levels and that the 

 projected levels of take would not be to the disadvantage of 

 those stocks. The permit was subject to numerous conditions, 

 including requirements for observer coverage and gear modifi- 

 cations. Under the permit, the Federation began fishing 

 operations within the U.S. Fishery Conservation Zone on 12 

 June 1987 and completed operations by 12 July 1987. 



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