legislative proposal. After lengthy negotiations, the coalition 

 presented a proposal that included: a limited exemption to the 

 Act's moratorium on taking, allowing taking incidental to 

 commercial fisheries for a three-year period; limitations on the 

 take of North Pacific fur seals and Steller sea lions; an 

 industry-wide education program; an enhanced reporting program; a 

 verification system with required observer placement; a new data 

 reporting and archiving system; and procedures for reviewing the 

 status of affected marine mammal populations. The joint 

 agreement was presented to Congress and formed the basis for 

 several of the provisions of a five-year interim exemption from 

 the Act's taking prohibition for commercial fishermen that was 

 ultimately enacted. 



During the exemption period, which runs until 1 October 

 1993, the general permit and small take provisions of the Act do 

 not govern the incidental taking of marine mammals in the course 

 of commercial fishing operations by domestic fishermen or by 

 foreign fishermen fishing pursuant to valid permits issued under 

 section 2 04 of the Magnuson Fishery Conservation and Management 

 Act. Rather, the incidental take is authorized and regulated in 

 accordance with the exemption provisions of new section 114. 

 Foreign fisheries not regulated under the Magnuson Act, such as 

 the Japanese high seas salmon fishery at issue in the Kokechik 

 case, were not included in the exemption. An exception was also 

 made for the commercial yellowfin tuna purse seine fishery which 

 will continue to operate under its present general permit. 



Under the exemption provisions, commercial fishermen 

 operating in fisheries identified by the National Marine 

 Fisheries Service as frequently or occasionally taking marine 

 mammals must have registered with the Service and have obtained 

 an exemption certificate by 21 July 1989 in order to engage 

 lawfully in that fishery. Vessel owners, masters, and crew 

 members are not subject to penalties for the incidental take of 

 marine mammals, except for the take of California sea otters or 

 the intentional lethal take of Steller sea lions, cetaceans, or 

 marine mammals from depleted populations, if the owner has 

 obtained and maintains a current exemption. 



In order for exemptions to remain valid, vessel owners must 

 submit reports detailing any instances of incidental taking and 

 providing other information prescribed by the National Marine 

 Fisheries Service. In addition, owners of vessels engaged in 

 fisheries that frequently take marine mammals must, if requested, 

 accept the placement of natural resources observers on board 

 their vessels 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 



