Chapter IX — Marine Mammal Permits 



of the property adjacent to the beaches used by 

 elephant seals to another party to oversee public 

 access, provided that the state agreed to handle 

 necessary enforcement activities. The California 

 Highway Patrol subsequently agreed in May 1995 to 

 patrol the area fulltime on weekends and on an 

 enhanced weekday schedule, and to change signs from 

 No Parking to No Stopping — Tow-Away Zone. 

 Before the agreement could take effect, however, the 

 Hearst Corporation withdrew its offer because of 

 concern over possible liability claims arising from 

 lease of its property. 



In April 1997 the Commission received a videotape 

 from Earth Island Institute showing people wandering 

 among the seals, petting and poking the seals, sur- 

 rounding and teasing lone pups, and allowing dogs to 

 roam freely among the seals. It also showed seals 

 lunging at people. The film clearly indicated that 

 interactions between people and the seals are not 

 being adequately managed. 



Occasionally, elephant seals wander inland of the 

 beach onto Highway 1 , and several accidents between 

 automobiles and elephant seals have occurred. The 

 California Department of Transportation installed a 

 fence in 1997 between the highway and one of the 

 beaches used by the seals. During the 1998 breeding 

 season, the fence effectively kept elephant seals from 

 reaching the highway; however, on nearby beaches 

 with no fencing, three subadult males were killed by 

 vehicles and two people were hospitalized with 

 injuries from these accidents. In December 1998 the 

 Marine Mammal Commission worked with the Cali- 

 fornia Department of Transportation and the U.S. 

 Geological Survey to install additional fencing to 

 protect the seals, motorists, and the viewing public 

 from risk of injury. As of the end of 1998, the 

 Commission had provided funding to install approxi- 

 mately 0.65 km (0.4 mile) of fencing in two separate 

 spots north of Piedras Blancas. Construction is 

 scheduled to start during the first week of 1999. 



Commerce to authorize the unintentional taking of 

 small numbers of marine mammals by U.S. citizens 

 incidental to activities other than commercial fishing 

 when certain conditions are met. This provision was 

 added to the Act in 1981 to eliminate the need to 

 obtain a procedurally burdensome waiver of the Act's 

 moratorium on taking of marine mammals when the 

 number of animals likely to be affected is small and 

 the impacts on the size and productivity of the affect- 

 ed species or populations are likely to be negligible. 

 The provision was amended in 1986 to allow authoriz- 

 ing the taking of small numbers of depleted, as well 

 as non-depleted, marine mammals. All forms of 

 incidental taking, including lethal taking, may be 

 authorized under section 101(a)(5)(A). A new provi- 

 sion, section 101(a)(5)(D), was added to the Act in 

 1994 to provide a streamlined mechanism for autho- 

 rizing small takes of marine mammals when the taking 

 is by harassment only. 



Authorizations under section 101(a)(5)(A) involve 

 a two-step process: (1) promulgation of a finding that 

 the incidental taking will have negligible effects and 

 regulations setting forth permissible methods of taking 

 and requirements for monitoring and reporting the 

 taking; and (2) issuance of letters of authorization for 

 particular activities in accordance with the regulations. 

 Authorization of incidental harassment under section 

 101(a)(5)(D) does not require the issuance of regula- 

 tions. Rather, the Secretary, within 45 days of 

 receiving an application that makes the required 

 showings, is to publish a proposed authorization and 

 notice of availability for public comment in the 

 Federal Register and in newspapers and appropriate 

 electronic media in communities in the area where the 

 taking would occur. After a 30-day comment period, 

 the Secretary has 45 days to make a final determina- 

 tion on the application. Authorizations under section 

 101(a)(5)(A) may be issued for up to five years. 

 Authorizations under section 101(a)(5)(D) may be 

 issued for up to one year, but may be renewed. 

 Requests for small-take authorizations considered in 

 1998 are described below. 



Small-Take Authorizations 



Section 101(a)(5) of the Marine Mammal Protec- 

 tion Act directs the Secretaries of the Interior and 



Authorizations under Section 101(a)(5)(A) 



Incidental Take of Walruses and Polar Bears — 



Regulations governing the issuance of letters of 

 authorization to take walruses and polar bears inciden- 



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