Chapter III — Marine Mammal/Fisheries Interactions 



for the necropsy study, the Service stated that it had 

 reached agreement with Mexico for the placement of 

 technicians to collect samples. The Service plans to 

 train 10 observers from the Mexican and international 

 observer program to serve as technicians. The 

 Service indicated that a protocol for the necropsy 

 study had yet to be completed, but work was under 

 way on designing a pilot study to assess the feasibility 

 of undertaking the full study envisioned by Congress. 



The focus of the meeting was on the framework 

 being developed for making the initial finding in 

 March 1999. In general terms, the decision analysis 

 represents an attempt to define what would constitute 

 a significant adverse impact by quantifying the risk 

 that chase and encirclement may prevent or retard 

 recovery of a depleted dolphin stock. 



At the end of 1998 the Commission was drafting a 

 letter to the Service commenting on several issues 

 raised at the La Jolla meeting. The Commission 

 anticipates that it will recommend a process for 

 consulting on the Service's proposed decision-making 

 criteria, recommend that the decision-making criteria 

 be published as a regulation or agency policy state- 

 ment before March 1999, review the legislative intent 

 as to what would constitute a significant adverse 

 impact on a dolphin stock, and recommend that the 

 National Marine Fisheries Service advise Congress of 

 the status of its research program and what results 

 will be available on which to base the March 1999 

 initial finding on the effect of chase and encirclement. 



As noted above, the International Dolphin Conser- 

 vation Program Act does not take effect until a 

 binding international agreement to formalize the 

 provisions of the Declaration of Panama is in place. 

 The text of the required agreement was concluded at 

 a negotiating session held in La Jolla, California, on 

 2-6 February 1998. Appended to the agreement are 

 10 annexes that, among other things, set forth (1) 

 observer requirements, (2) the methodology for 

 establishing annual stock-specific dolphin mortality 

 limits, (3) procedures for allocating dolphin mortality 

 limits, (4) operational requirements for vessels partici- 

 pating in the International Dolphin Conservation 

 Program, and (5) the elements of an international 

 program for tracking the origin of tuna caught in the 

 eastern tropical Pacific. 



The Agreement on the International Dolphin 

 Conservation Program was signed by the United 

 States, Colombia, Costa Rica, Ecuador, Mexico, 

 Nicaragua, Panama, and Venezuela on 21 May 1998. 

 The Agreement remains open to signature by 10 other 

 countries and the European Union. As of the end of 

 1998, two additional countries, Honduras and Vanu- 

 atu, had signed the Agreement. The Agreement will 

 enter into force once it has been ratified by four 

 parties. As of the end of 1998, only the United States 

 and Panama had deposited instruments of ratification. 



Pinniped-Fisheries Interactions 



The 1994 amendments to the Marine Mammal 

 Protection Act added a new section (section 120) to 

 address interactions between pinnipeds and fishery re- 

 sources. Under section 120, states may apply to the 

 Secretary of Commerce for authorization to lethally 

 remove individual pinnipeds known to be affecting 

 certain salmonid stocks without obtaining a waiver of 

 the Act's moratorium on taking, provided certain 

 conditions are met. Section 120(f) directed the 

 Secretary of Commerce to investigate and report to 

 Congress by 1 October 1995 on the extent to which 

 California sea lions and Pacific harbor seals are 

 having a significant negative impact on the recovery 

 of endangered or threatened salmonid fishery stocks 

 or other components of the coastal ecosystems of 

 Washington, Oregon, and California. Under section 

 120(h), the Secretary also was directed to establish a 

 pinniped-fishery interaction task force to provide 

 advice on possible measures to minimize interactions 

 between pinnipeds and aquaculture operations in the 

 Gulf of Maine. 



A summary of past events and a discussion of 

 actions taken by the Commission and others during 

 1998 on these provisions are provided below. 



Authorizations to Remove Pinnipeds 



As noted above, section 120 of the Marine Mam- 

 mal Protection Act allows states to request authority 

 to lethally take individually identifiable pirmipeds that 

 "are having a significant negative impact on the 

 decline or recovery" of certain salmonid stocks. To 



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