MARINE MAMMAL COMMISSION — Annual Report for 1992 
tent with recommendations made by the Commission 
on the earlier versions of the proposed regime. 
Under the proposed regime, the potential biological 
removal level for each Class w stock would be allocat- 
ed among user groups, including commercial fisher- 
men and those taking marine mammals incidental to 
activities other than commercial fishing, such as 
public display, research, and subsistence hunting. In 
accordance with the Marine Mammal Protection Act’s 
exemption for Alaska Natives, taking for subsistence 
and handicraft uses by Alaska Natives would be given 
priority. Allocations made to Alaska Natives would 
not be binding, but would be used to adjust the 
allocations for other user groups. 
Prior to issuing proposed allocations the Service 
would complete environmental and socio-economic 
analyses. The Service also would review stock 
assessment reports and applicable conservation and 
recovery plans to determine whether biological 
factors, such as the need to restrict removals by 
season, area, age, sex, or reproductive class, should 
be factored into allocation determinations. 
Proposed allocations for non-fishery groups would 
be published in the Federal Register for public review 
and comment. Proposed allocations for fisheries 
would be established in a manner similar to the 
allocation of fish quotas under the Magnuson Fishery 
Conservation and Management Act. The Service 
would propose preliminary allocations which would be 
provided to the Fishery Management Councils and 
state fishery agencies. The Councils and state agen- 
cies would hold hearings and solicit public comment 
on the proposed fishery allocations and provide 
recommendations to the Service. 
Based on Council and state recommendations as 
well as other comments it receives, the Service would 
publish a final notice of all allocations, including 
those for fisheries and non-fisheries take. When 
issuing allocations the Service proposes to hold 10-20 
percent of the potential biological removal in reserve 
to be allocated in emergency situations. Affected 
parties would have the right to seek judicial review of 
final allocation decisions. 
98 
Incidental taking would be monitored to ensure that 
allocations are not exceeded. Once a fishery takes the 
number of marine mammals allocated to it, additional 
removals from that stock by that fishery would be 
prohibited. The fishery would either have to modify 
or cease its operations. 
Under the proposed regime the potential biological 
removal system would gradually be replaced by a 
system driven by mechanisms for reducing incidental 
take levels rather than by setting quotas. That is, the 
zero mortality goal of the Act would require that 
incidental taking be decreased even if the potential 
biological removal level is not exceeded. 
All vessels operating in Category I, Il, or Ill 
fisheries would be required to register annually with 
the Service and obtain a permit authorizing a certain 
level of take. Category I fisheries would be subject to 
comprehensive monitoring on an annual basis. 
Category II fisheries would also be subject to annual 
monitoring, but presumably at a lesser level. Cate- 
gory III fisheries would be subject to monitoring 
every 2-3 years or as needed to ensure that they do 
not merit reclassification as Category I or II fisheries. 
Intentional taking of marine mammals incidental to 
commercial fishing using non-lethal means would be 
authorized only to ensure personal safety or to protect 
gear or catch. Intentional lethal taking would be 
authorized only to ensure personal safety or to relieve 
a demonstrated negative impact on a fishery. No in- 
tentional taking of marine mammals from endangered, 
threatened, or depleted stocks would be authorized. 
If adopted, the Service’s proposal would be imple- 
mented according to a “phased strategy.” While 
removals from certain marine mammal stocks would 
be allowed to exceed the potential biological removal 
levels in the initial years of the program, removal 
reduction schedules would be adopted with the goal of 
reaching those levels no later than 31 December 1997. 
While hearings have yet to be scheduled, it is 
expected that Congress will consider the adoption of 
a new regime to govern the taking of marine mam- 
mals incidental to commercial fishing operation during 
its 1993 session. 
