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Jurisdicticm over marine mammals under the MMPA is divided 

 between the U.S. Fish and Wildlife Service — which has 

 responsibility for sea otters, polar bears, manatees, dugongs, 

 and walrus — and the National Marine Fisheries Service (NMFS) , 

 which has responsibility for all other marine mammals. 



Three terms defined in the MMPA play an important role in its 

 history and in managing interactions between commercial fisheries 

 and marine mammals: (1) optimum sustainable population (OSP) , (2) 

 depleted , and (3) take . The Act defines OSP as "the number of 

 animals which will result in the maximum productivity of the 

 population or the species, given the carrying capacity of the 

 habitat and the health of the ecosystem of which they form a 

 constituent element." Any stock whose population status is less 

 than OSP is depleted. Depleted stocks may also be listed as 

 threatened or endangered under the Endangered Species Act, if 

 their population status indicates that they are in danger of 

 extinction. To take a marine mammal means to harass, hunt, 

 capture, or kill it; or attempt to harass, hunt, capture, or kill 

 it. 



As originally written, the MMPA established a moratorium on 

 taking or importing marine mammals except for certain activities 

 regulated and permitted under the Act. These activities include 

 scientific research, public display, and the incidental take of 

 marine mammals in the course of commercial fishing operations. 

 Prior to 1988, the Act authorized the take of marine mammals 

 incidental to commercial fishing operations through two 

 mechanisms: (1) the issuance of "general permits" for the take of 

 relatively large numbers of marine mammals by both U.S. and 

 foreign fishermen; and (2) "small take exemptions" for U.S. 

 fishermen only. 



General permits could be issued provided that (1) the takings 

 were from a non-depleted marine mammal stock; (2) such takings 

 would not disadvantage the stocks involved; and (3) issuance of 

 the permit was consistent with the purposes and policies of the 

 MMPA. Small take exemptions could be granted if (1) it was 

 determined that the total authorized taking would have a 

 negligible impact on the stock; and (2) the appropriate agencies 

 provided guidelines pertaining to the establishment of a 

 cooperative system among fishermen to monitor and report such 

 taking. 



In 1986, the Japan Salmon Fisheries Association requested a 

 general permit which eventually served to change the entire 

 course of the MMPA incidental take allowances. The permit 

 request was to take Dall's porpoise, northern fur seals, and sea 

 lions over a 5-year period in course of the Japanese Bering Sea 

 salmon gillnet fishery. In response to the request, the National 

 Marine Fisheries Service (NMFS) issued a permit for the taking of 

 Dall's porpoises over a 3-year period, but denied a permit to 

 take northern fur seals and sea lions because insufficient 

 information existed to determine the population status of those 



