Chapter III 



MARINE MAMMAL-FISHERIES INTERACTIONS 



Marine mammals may be disturbed, harassed, 

 injured, or killed either accidentally or deliberately 

 during fishing operations. They, in turn, may take or 

 damage bait and fish caught on lines, in traps, and in 

 nets, damage or destroy fishing gear, or injure fisher- 

 men trying to remove them from fishing gear. 

 Marine mammals and fishermen also may compete for 

 the same fish and shellfish resources. 



In 1994 the Marine Mammal Protection Act was 

 amended to establish a new regime to govern the 

 taking of marine mammals incidental to commercial 

 fishing operations. As in the past, however, the 

 incidental take of dolphins in the eastern tropical 

 Pacific tuna fishery continues to be regulated under 

 separate provisions of the Act. Implementation of the 

 1994 fisheries regime is discussed in this chapter. 

 Also discussed are amendments to the Marine Mam- 

 mal Protection Act enacted in 1997 pertaining to the 

 eastern tropical Pacific tuna fishery and actions being 

 taken to implement those amendments. In addition, 

 this chapter provides information on efforts to address 

 interactions between various species of pinnipeds and 

 certain fish stocks. Fishery interactions affecting 

 specific species, including Hawaiian monk seals, 

 Steller sea lions, sea otters, harbor porpoises, and 

 right whales, are discussed in Chapter II. 



Implementation of the 



Incidental-Take Regime 



for Commercial Fisheries 



Since its enactment in 1972 the Marine Mammal 

 Protection Act has contained provisions for authoriz- 

 ing the taking of marine mammals incidental to 

 commercial fishing operations. The 1987 ruling in a 

 lawsuit challenging an incidental-take permit issued to 

 Japanese salmon fishermen operating in U.S. waters 



(Kokechik Fishermen's Association v. Secretary of 

 Commerce), however, threw into question whether 

 such permits could continue to be issued under then- 

 existing provisions to many other fisheries known to 

 take marine mammals. In response. Congress passed 

 a five-year interim exemption to govern incidental 

 taking, during which time a new long -term incidental- 

 take regime was to be developed. 



As discussed in previous annual reports, the 

 Marine Mammal Protection Act was amended in 1994 

 to establish a new regime to govern the taking of 

 marine mammals incidental to commercial fishing 

 operations. Three new sections were added to the Act 

 to address interactions between commercial fisheries 

 and marine mammals. 



Section 117 requires the preparation of marine 

 mammal stock assessments to provide a scientific 

 basis for the new incidental-take regime. In part, the 

 assessments are intended to identify strategic stocks 

 for which take reduction plans must be prepared. 



Section 118 sets forth the requirements of the 1994 

 incidental -take regime. It directs the National Marine 

 Fisheries Service to publish a list of commercial 

 fisheries classified according to the frequency with 

 which they kill or seriously injure marine mammals. 

 Certain requirements (e.g., a registration requirement 

 and a requirement to carry observers) are applicable, 

 depending on a fishery's classification. The amend- 

 ments focus resources on the most pressing problems 

 — those involving strategic stocks. A take reduction 

 plan is to be developed for each strategic stock subject 

 to frequent or occasional mortality or serious injury. 



Section 120 addresses interactions between pinni- 

 peds and fishery resources. It provides a mechanism 

 for states to apply to the National Marine Fisheries 

 Service to obtain authorization to lethally take pinni- 



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