take marine mammals must accept the placement of natural 

 resources observers on board their vessel or face exemption 

 revocation. The exemptions, however, are not absolute. If 

 the incidental taking is having an immediate and significant 

 adverse impact on a marine mammal stock or if more than 1,350 

 Steller sea lions or 50 North Pacific fur seals will be killed 

 during a calendar year, the Service, in consultation with the 

 appropriate regional Fishery Management Councils and State 

 agencies, must prescribe emergency regulations to prevent, to 

 the maximum extent practicable, any further taking. 



Fishermen engaged in fisheries determined to have only a 

 remote possibility of taking marine mammals need not register 

 with the Service or obtain an exemption certificate. As long 

 as they report all marine mammal mortalities incidental to 

 their operations, such fishermen will not be liable for 

 penalties as a result of the take. 



The National Marine Fisheries Service, by 22 January 

 1989, must publish a proposed list of all U.S. fisheries 

 classifying them as category 1 (those with freguent inciden- 

 tal takes) , category 2 (those with occasional incidental 

 takes) , or category 3 (those with a remote possibility of or 

 no known incidental takes) . After opportunity for public 

 comment, the Service must publish a final list by 2 3 March 

 1989, along with information advising vessel owners how to 

 obtain exemptions and otherwise comply with the new provi- 

 sions. Other Service responsibilities include: establish- 

 ment of an observer program under which 20 to 35 percent of 

 the operations by category 1 vessels will be monitored; creation 

 of an alternative observation program if less than 20 percent 

 of the operations in a category 1 fishery will be observed; 

 implementation of an information management system capable of 

 processing and analyzing observer data and reports reguired 

 from vessel owners engaged in category 1 and category 2 

 fisheries; and consulting with the Fish and Wildlife Service 

 before taking actions or making determinations with respect 

 to marine mammal species otherwise under the jurisdiction of 

 the Department of the Interior. 



As noted above, the interim exemption is intended to 

 govern marine mammal/ fishery interactions for a five year 

 period. After that, Congress will re-examine the issue in 

 light of the information gathered under the interim exemption 

 and is expected to enact a permanent system under which 

 incidental taking will be regulated. As a first step in 

 developing the long-term regulatory regime, the Marine Mammal 

 Commission is instructed to transmit to the Secretary of 

 Commerce by 1 February 1990 recommended guidelines to govern 

 the incidental taking of marine mammals in the course of 

 commercial fishing operations after 1 October 1993. 



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