MARINE MAMMAL COMMISSION — Annual Report for 1991 



insufficient to enable the Service to provide 20 to 35- 

 percent coverage for all Category I fisheries, observ- 

 ers were placed on board some vessels in all but one 

 Category I fishery in 1990 and on board some vessels 

 in all Category I fisheries during 1991. Coverage in 

 certain fisheries, however, failed to meet targeted 

 levels. Projected and estimated observer coverage of 

 Category I fisheries under the interim exemption are 

 shown on Table 8. 



Development of a New Regime 



To Govern the Incidental Take of 



Marine Mammals after October 1993 



The interim exemption for commercial fisheries 

 was enacted in 1988 to govern marine mammal- 

 fishery interactions for a five-year period. At the 

 endof the five-year period, it is expected that the 

 mterim exemption will be replaced by a new regime 

 with a firm scientific rationale for setting take limits 

 based on sound principles of wildlife management. 

 Congress is expected to begin consideration of the 

 new incidental take regime during the first half of 

 1992. 



The Commission's Recommended Guidelines 



As a first step in developing the long-term regula- 

 tory regime, the Marine Mammal Commission was 

 directed by the 1988 Marine Mammal Protection Act 

 amendments to make available to the Secretary of 

 Commerce and to the public recommended guidelines 

 to govern the take of marine mammals incidental to 

 commercial fishing operations after the interim 

 exemption expires on 1 October 1993. The amend- 

 ments required that the guidelines: 



"(A) be designed to provide a scientific 

 rationale and basis for determining how 

 many marine mammals may be inciden- 

 tally taken under a regime to be adopted 

 to govern such taking after October 1, 

 1993; 



"(B) be based on sound principles of wildlife 

 management, and be consistent with and 

 in furtherance of the purposes and poli- 

 cies set forth in this Act; and 



"(C) to the maximum extent practicable, 

 include as factors to be considered 

 and utilized in determining permis- 

 sible levels of such taking — 



(i) the status and trends of the affected 

 marine mammal population stocks; 



(ii) the abundance and annual net recruit- 

 ment of such stocks; 



(iii) the level of confidence in the know- 

 ledge of the affected stocks; and 



(iv) the extent to which incidental tak- 

 ing will likely cause or contribute 

 to their decline or prevent their 

 recovery to optimum sustainable 

 population levels." 



The Commission began developing proposed 

 guidelines in July 1989, widi the goal of transmitting 

 final recommended guidelines to the National Marine 

 Fisheries Service by 1 February 1990. However, 

 when a possible new approach was suggested by 

 members of the Commission's Committee of Scientific 

 Advisors in late 1989, circulation of the draft guide- 

 lines for public review was delayed. On 26 January 

 1990, draft guidelines were circulated to interested 

 parties, including fisheries managers, fisheries groups, 

 and environmental organizations. A notice of avail- 

 ability was also published in the Federal Register, 

 inviting public comment. Comments were accepted 

 until 30 March 1990. 



The Commission, in consultation with its Commit- 

 tee of Scientific Advisors, considered the numerous 

 comments received on the draft guidelines, revised the 

 guidelines, as appropriate, and, on 12 July 1990, 

 transmitted its recommended guidelines to the Nation- 

 al Marine Fisheries Service. Copies of the guidelines 

 were also provided to other interested parties, includ- 

 ing conmiercial fishing organizations and environmen- 

 tal groups. In addition to the recommended guide- 

 lines, the Commission prepared and provided to the 

 Service and others a document summarizing all 

 substantive comments it received on the draft guide- 

 lines, explaining how they were addressed. 



The Commission, in its guidelines, recommended 

 that the legislation to govern the taking of marine 



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