Chapter m 



MARINE MAMMAL-FISHERIES INTERACTIONS 



Marine mammals may interact with fisheries in a 

 number of ways. They may be disturbed, harassed, 

 injured, or killed either accidentally 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 or injure 

 fishermen while trying to remove bait or caught fish 

 or when they accidentally become entangled in fishing 

 gear; and they may compete with conmiercial and 

 recreational fishermen for the same fish and shellfish 

 resources. 



The Marine Mammal Protection Act directs the 

 Secretaries of Commerce and the Interior, in consulta- 

 tion with the Marine Mammal Commission, to devel- 

 op regulations governing the incidental taking of 

 marine mammals by persons subject to the jurisdiction 

 of the United States. In 1988, the Marine Mammal 

 Protection Act was amended to establish a five-year 

 interim exemption to govern the taking of marine 

 mammals incidental to commercial fisheries other than 

 the eastern tropical Pacific tuna fishery. Incidental 

 taking of marine mammals in the tuna fishery continue 

 to be regulated under a general permit issued in 1980 

 to the American Tunaboat Association and legislative- 

 ly extended in 1984. 



The interim exemption was designed to allow 

 commercial fisheries to operate while information is 

 collected on the extent and effects of marine mammal- 

 fisheries interactions. The 1988 Marine Mammal 

 Protection Act amendments also direct the Secretary 

 of Commerce, based upon recommended guidelines 

 provided by the Marine Mammal Commission, to 

 suggest to Congress a new regime to govern incidental 

 taking of marine mammals in fisheries other than the 

 tuna purse seine fishery after the interim exemption 

 expires in October 1993. 



Actions with respect to the interim exemption and 

 efforts to develop a system to govern incidental taking 

 in fisheries after October 1993 are discussed below. 

 Also discussed are recent actions regarding the take of 

 dolphins and porpoises incidental to the eastern 

 tropical Pacific tuna fishery. Fishery interactions 

 affecting species of special concern are discussed in 

 Chapter H. Activities concerning high seas driftnet 

 fisheries, which pose serious threats to marine mam- 

 mals and many other marine species, have been 

 subject to international negotiations and are discussed 

 in Chapter IV. 



Interim Exemption 

 for Commercial Fisheries 



Subject to certain exceptions, the Marine Mammal 

 Protection Act establishes a moratorium on the takmg 

 and importing of marine mammals. Recognizing that 

 a total prohibition of taking could seriously affect 

 certain fisheries, the Act authorizes the Secretaries of 

 Commerce and the Interior, through formal rule- 

 making, to issue general permits allowing for the 

 taking of marine mammals incidental to commercial 

 fishing operations when such taking would not disad- 

 vantage the affected marine manmial species or 

 stocks. The Act was amended in 1981 to allow use of 

 streamlined procedures to authorize the accidental, but 

 not intentional, taking of small numbers of non-de- 

 pleted marine mammal species and stocks during 

 commercial fishing operations conducted by citizens 

 of the United States if, after notice and opportunity 

 for public comment, the Secretary finds that the total 

 of such taking would have a negligible impact on the 

 affected species or stocks. 



In May 1987, the Department of Conmierce issued 

 a general permit to the Federation of Japan Salmon 



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