MARINE MAMMAL COMMISSION - Annual Report for 1995 



fisheries classified according to the frequency with 

 which they kill or seriously injure marine mammals. 

 Various requirements (e.g, a registration requirement 

 and a requirement to carry observers) apply, depend- 

 ing on a fishery's classification. The amendments 

 focus resources on the most pressing marine mammal- 

 fishery interaction problems - those involving strate- 

 gic stocks. A take reduction plan is to be developed 

 for each strategic stock experiencing frequent or 

 occasional death or serious injury in a fishery. 



The new regime also includes a mechanism for 

 authorizing a limited incidental take of marine mam- 

 mals listed as endangered or threatened, something the 

 interim exemption did not allow. Actions taken with 

 respect to preparation of stock assessments, implemen- 

 tation of the new incidental-take regime, and authori- 

 zation of the incidental take of endangered or threat- 

 ened species are discussed in various parts of Chapter 

 III and in Chapter IV. Also discussed in Chapter IV 

 is implementation of revised section 101(a)(4), which 

 allows fishermen and others to employ certain non- 

 lethal deterrence measures to prevent marine mam- 

 mals from damaging gear, catch, or private property. 



The new section 120 addresses interactions between 

 pinnipeds and fishery resources. It provides a mecha- 

 nism for states to apply to the National Marine Fisher- 

 ies Service to obtain authorization for the intentional 

 lethal taking of pinnipeds in certain instances. Section 

 120 also directs the Service to investigate the impacts 

 of growing sea lion and harbor seal populations on the 

 recovery of salmonid stocks and on coastal ecosystems 

 in Washington, Oregon, and California and to estab- 

 lish a pinniped-fishery interaction task force to exam- 

 ine problems involving pinnipeds and aquaculture 

 projects in the Gulf of Maine. Implementation of 

 these provisions is discussed in Chapter IV. 



Significant amendments to the Act's permit provi- 

 sions were also enacted. Among other things, they 

 limit oversight of captive care and maintenance issues 

 under the Marine Mammal Protection Act, provide a 

 streamlined mechanism to authorize scientific research 

 that has the potential to disturb, but not injure, marine 

 mammals, and add authority for issuing permits for 

 educational or commercial photography. The Act's 

 small-take provisions also were changed to streamline 

 procedure for authorizing incidental take by harass- 



ment. These and other amendments affecting permits 

 and marine mammal take authorizations are discussed 

 in Chapter XI. 



A practical consequence of the amendment limiting 

 Marine Mammal Protection Act oversight of captive 

 marine mammals was an increase in the role played 

 by the Animal and Plant Health Inspection Service 

 under the Animal Welfare Act. Among other things, 

 the Service assumed responsibility for regulating 

 swim-with-the-dolphin programs. Activities with 

 respect to captive marine mammals are discussed in 

 Chapter XII. 



The 1994 amendments add a new permitting 

 authority to allow polar bear trophies to be imported 

 from Canada provided certain findings are made. 

 This amendment and actions taken to implement it are 

 discussed in Chapter VI. 



Section 1 10 of the Act was amended to require the 

 Secretary of Commerce to convene a regional work- 

 shop to assess human-caused factors affecting the 

 health and stability of the Gulf of Maine marine 

 ecosystem and to recommend a research and manage- 

 ment program designed to restore or maintain that 

 ecosystem. A provision was also added to require the 

 Secretary to undertake a research program to monitor 

 the health and stability of the Bering Sea marine 

 ecosystem and to resolve uncertainties concerning the 

 causes of observed declines in populations of marine 

 mammals, seabirds, and other living resources. 

 Actions related to the Gulf of Maine workshop are 

 discussed in Chapter IV. Actions involving Bering 

 Sea ecosystem studies are described in Chapter VI. 



In response to concerns that the Agreement on the 

 Conservation of Polar Bears may not have been fully 

 implemented by the United States and other parties, 

 Congress amended section 113 of the Act to require 

 the Secretary of the Interior to initiate reviews of 

 domestic and international implementation. The 

 amendments also directed the Secretary to initiate 

 discussions with Russian officials in pursuit of a 

 bilateral agreement to enhance cooperative research 

 and management of the shared polar bear population. 

 Actions with respect to these mandates are discussed 

 in Chapter VI. 



