11 



mammals but to the largest extent possible minimize the possible 

 impacts to fisheries. 



Mr. Studds. You spoke about prey competition between humans 

 and marine mammals. Our staff has been told that some marine 

 mammal and sea bird populations of the Pacific Northwest and in 

 Alaska may be declining due to changes in the quantity, quality, 

 and size of their prey, changes caused by heavy fishing pressure on 

 certain species at key times of the year. If this competition theory 

 is really an issue in the management of marine mammals, I guess 

 the time to address it is now, when we are going to be reauthoriz- 

 ing both the Magnuson Act and the Marine Mammal Protection 

 Act. Do you have any recommendations specifically on that point 

 as we look at both of those reauthorizations? 



Dr. HoFMAN. Two suggestions, I think, Mr. Chairman. First, in 

 terms of background regarding the Bering Sea and Gulf of Alaska. 

 The Commission organized and held a workshop back in December 

 of 1990 where we looked at that issue, and it is clear that Steller 

 sea lions, for example, and some populations of harbor seals, and as 

 many as four species of fish-eating birds in the Arctic or in the 

 Bering Sea and Gulf of Alaska are declining. There is a correlation 

 with fisheries development, but correlation does not prove cause 

 and effect; there are also some indications of possible natural 

 changes so these are complex issues. 



The Marine Mammal Protection Act itself, although it has in the 

 statement of policy that one of the goals is to protect important 

 habitats, really does not have specific provision for protecting habi- 

 tat and habitat components which would be, for example, impor- 

 tant prey species. 



The Magnuson Act, on the other hand, when it talks about calcu- 

 lating optimum yield based upon the allowable biological catch, 

 does, in our view, direct the Fishery Management Councils and the 

 National Marine Fisheries Service to take into account biological/ 

 ecological factors, and this was noted in the guidelines that the 

 Commission provided to the Service in July 1990. We identified this 

 as an issue that probably should be taken up under the Fishery 

 Conservation and Management Act or perhaps both it and the 

 MMPA. The issues are relatively clear. There are a suite of ways 

 where they might be addressed. At the present time, other than 

 identifying what the issues are and the possibilities, the Commis- 

 sion doesn't have a specific recommendation. 



Mr. Studds. Are you intending to develop one? Do you know? 



Dr. HoFMAN. I, in all honesty, don't know the answer to that 

 question. 



Mr. Studds. 1 appreciate that. I see the gentleman from Alaska 

 has fled due to reports of approaching sea lions, I assume. I must 

 say that 1 was so struck by that, I have been inquiring of staff 

 what a possible situation could be, and the gentleman from Califor- 

 nia will be shocked to know that it is in or near his district that 

 these alleged assaults have occurred. Apparently, the problem 

 arises when a fisherman goes to his dingy and finds a reclining sea 

 lion therein or even on the dock between him and his boat. And 

 there are some fishermen who don't take the first obvious step of a 

 polite request to leave and who would rather be more direct, I 

 gather, and sometimes the sea lions have some difference of opin- 



