populations in order to provide some, ideally quantifiable, 

 criteria for OSP . While the question of compatibility 

 of MSY for fisheries and OSP for mammals is not resolved, 

 that does not imply incompatibility of the MMPA and FCMA, 

 because OY is not identical to MSY. It appears at present 

 that none of the requirements of the MMPA or ESA are so 

 restrictive as to indefinitely prohibit harvest as a use of 

 either marine fish or mammals . 



The perceived incompatibility of the FCMA and MMPA may 

 also be attributable in part to confusion of scientific and 

 policy questions. The simultaneous optimization of both 

 fishery yield and populations of marine mammals and other 

 ecosystem components cannot be completely addressed by either 

 scientific or policy considerations alone. The scientific 

 aspects of the question include determination of the ranges 

 of optimum sustainable population sizes for marine mammals 

 and other ecosystem components and of the range of potential 

 fishery yields which are consistent with both the FCMA and 

 MMPA. These ranges may be determined from analysis of bio- 

 logical data with appropriate statistical qualifications to 

 allow for incompleteness of data and imprecision of esti- 

 mates. Within the allowable ranges of population sizes and 

 fishery yields which can be determined from scientific cri- 

 teria, the selection of the set of optimum fishery yields 

 and optimum sustainable populations that would constitute 

 the maximum benefit to the nation is a policy question. The 

 policy decisions will depend on a judgment of the relative 

 importance of productive, aesthetic, recreational and other 

 values of the various resources under consideration, and 

 also on a judgment of what constitutes an acceptable level 

 of risk of damage to any of those populations . The determ- 

 ination of and balancing of relative values of various re- 

 sources is a very important policy question which should be 

 addressed explicitly rather than be resolved by default. 



From this examination of the intents and requirements 

 of the FCMA, MMPA and ESA, it seems reasonable to conclude: 



1. that the three Acts are compatible; and 



2. that taken together they mandate an approach to 

 the management and conservation of fishery re- 

 sources 



a. that is ecosystem level rather than single 

 species in perspective, and 



33 



