CHAPTER VIII 



MARINE MAMMAL MANAGEMENT IN ALASKA 



A number of states are confronted with important conser- 

 vation problems that involve one or more species of marine 

 mammals. Alaska, however, by virtue of its large populations of 

 many different marine mammal species, its extensive coastline, 

 the use of marine mammals for subsistence purposes, interactions 

 with commercial fisheries, and many other management issues 

 concerning marine mammals, presents extraordinary conservation 

 challenges. In recognition of this fact, the Commission has 

 devoted particular attention to marine mammal issues in Alaska. 

 Past activities, which are summarized below, are discussed more 

 fully in previous Annual Reports. Activities undertaken in 1989 

 are discussed following the background section. 



Background 



When the Marine Mammal Protection Act was passed in 1972, it 

 gave the Federal Government primary authority for marine mammal 

 management. However, it included certain procedures whereby the 

 Secretaries of Commerce and the Interior, at the request of a 

 state, could transfer marine mammal management authority to the 

 state. Shortly after passage of the Act, the State of Alaska 

 took steps to seek return of management authority for nine marine 

 mammal species of particular concern to its residents. Late in 

 the 1970s, the State of Alaska received management authority for 

 one of those species — the walrus. However, due to a court 

 decision which effectively prevented the State from regulating 

 Native subsistence hunting of walrus, it relinquished management 

 authority back to the Federal Government in 1979 and suspended 

 efforts to seek management authority for other marine mammal 

 species. 



In 1981, the Marine Mammal Protection Act's provisions for 

 return of management were amended. Among other things, the 

 procedure for transferring management authority to states was 

 streamlined and the provisions governing state authority to 

 manage subsistence use were clarified. In 1982, the State of 

 Alaska again took steps to consider whether to seek management 

 authority, this time for ten species of marine mammals. After 

 numerous public hearings and revision of the State law governing 

 subsistence hunting, the State focused its deliberations on 

 requesting management authority for three species (polar bears, 

 sea otters, and walrus) . Additional hearings were held and, by 

 letter of 9 March 1988, the Commissioner of the Alaska Department 

 of Fish and Game notified interested parties that the State had 

 decided not to apply for management authority for these or any 

 other species. Instead, the State indicated that it would work 



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