MARINE MAMMAL COMMISSION — Annual Report for 1995 



Reporting Forms — Section 118(e) requires each 

 owner or operator of a commercial fishing vessel to 

 report all incidental mortality and injury of marine 

 mammals within 48 hours of the end of the fishing 

 trip on which the incident occurred. The reports are 

 to be submitted on a standard form to be developed by 

 the National Marine Fisheries Service. On 28 Sep- 

 tember 1995 the Service published its draft reporting 

 form for public review and comment. 



By letter of 12 December 1995, 

 provided comments on the form. 

 Commission believed the proposed 

 reflected the reporting requirements 

 Act. The Commission did, however 

 technical changes to make the form 

 stand and use. The Service expects 

 form available to fishermen early in 



the Commission 

 In general, the 

 form accurately 

 set forth in the 

 , suggest several 

 easier to under- 

 to have the final 

 1996. 



Intentional Taking — As discussed in the previous 

 annual report, section 118 of the Act also established 

 a prohibition on the intentional lethal take of marine 

 mammals in commercial fishing operations. The only 

 exception to this prohibition is set forth in new section 

 101(c), which allows lethal taking if imminently 

 necessary in self-defense or to save the life of another 

 person in immediate danger. The National Marine 

 Fisheries Service determined that there was no reason 

 to delay implementation of the lethal-take prohibition 

 pending the development of implementing regulations 

 for other provisions of section 118. Therefore, on 8 

 December 1994 the Service published a proposed rule 

 to amend the regulations promulgated under the 

 interim exemption to prohibit intentional lethal taking 

 except in self-defense or defense of others. A final 

 rule instituting the prohibition was published on 1 

 February 1995. 



Deterrence Regulations 



While not restricted to commercial fisheries, a 

 related provision of the Marine Mammal Protection 

 Act, section 101(a)(4), authorizes the taking of marine 

 mammals for deterrence purposes in certain instances. 

 Under this exception, an owner of fishing gear or 

 catch or an employee of the owner may deter a 

 marine mammal from damaging the gear or catch. 

 Similarly, an owner of other private property or the 

 owner's agent may take steps to deter a marine 



mammal from damaging that property. Also, deter- 

 rence actions may be taken by any person to prevent 

 a marine mammal from endangering personal safety 

 or by a government employee to prevent damage to 

 public property. In each case, such measures are 

 authorized only if death or serious injury does not 

 result. 



The statutory provision directs the National Marine 

 Fisheries Service to publish in the Federal Register a 

 list of guidelines for use in safely deterring marine 

 mammals. In the case of marine mammals listed as 

 endangered or threatened, the Service is to recom- 

 mend specific measures that can be used to deter the 

 animals non-lethally. If the Service determines that 

 certain types of deterrence measures have a significant 

 adverse effect, it may prohibit their use. 



The National Marine Fisheries Service published 

 proposed regulations under this provision on 5 May 

 1995. The Service offered guidance on passive, 

 preventative, and reactive measures that could be 

 taken to deter marine mammals. The Service set forth 

 four general principles regarding acceptable deterrence 

 measures. In addition to the statutory directive that 

 such measures not result in the death or serious injury 

 of the animal, the measures should not (1) result in 

 the separation of a female marine mammal from its 

 unweaned offspring, (2) break the skin of a marine 

 mammal, (3) be directed at a marine mammal's head 

 or eyes, or (4) be used to deter pinnipeds hauled out 

 on unimproved private property. 



In addition, the Service proposed to prohibit 

 certain types of deterrence activities. Under the 

 proposed regulations, the following deterrence mea- 

 sures would be prohibited: the use of any firearm or 

 other devise to propel an object that could injure a 

 marine mammal, the use of any explosive device to 

 deter cetaceans or the use of explosives more power- 

 ful than seal bombs to deter seals or sea lions, translo- 

 cation of any marine mammal, or the use of tainted 

 food or bait or any other substance intended for 

 consumption by the marine mammal. 



As noted by the Service in the proposed rule, 

 deterrence of marine mammals listed as endangered or 

 threatened under the Endangered Species Act would 

 not be authorized by the proposed regulations. 



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