When it turns yellow, you have a minute left, and when it turns 

 red, you are done. Ms. Josephson, nice to hear from you. 



STATEMENT OF DIANA JOSEPHSON, ACTING UNDERSECRETARY 

 FOR OCEANS AND ATMOSPHERE, NATIONAL OCEANIC AND AT- 

 MOSPHERIC ADMINISTRATION; ACCOMPANIED BY NANCY 

 FOSTER, ACTING ASSISTANT ADMINISTRATOR FOR FISHERIES, 

 NATIONAL MARINE FISHERIES SERVICE 



STATEMENT OF DIANA JOSEPHSON 



Ms. Josephson. Thank you. Mr. Chairman, members of the sub- 

 committee, I am Diana Josephson, Deputy Undersecretary for 

 Oceans and Atmosphere of the U.S. Department of Commerce and 

 also Acting Undersecretary. I am accompanied by Dr. Nancy 

 Foster, Acting Assistant Administrator for Fisheries of the Nation- 

 al Marine Fisheries Service. I appreciate this opportunity to 

 present the Department's views regarding the Marine Mammal 

 Protection Act (MMPA) and how best to manage interactions be- 

 tween the marine mammals and commercial fisheries. 



Since its enactment, the MMPA has been an important element 

 in the conservation of our nation's living marine resources. The 

 MMPA recognizes that marine mammals are important elements 

 of marine ecosystems and resources of great aesthetic, recreational, 

 and economic significance. The MMPA has been a key factor in the 

 conservation of several populations. For example, the numbers of 

 porpoise killed incidental to tuna purse seine fishing in the eastern 

 tropical Pacific Ocean has been reduced substantially. Seal and sea 

 lion populations along the west and northeast coasts are increas- 

 ing. The gray whale has recovered sufficiently that NMFS has de- 

 termined it no longer requires the additional protection of the En- 

 dangered Species Act. 



Currently, however, our most pressing challenge, as you have al- 

 ready noted, is replacing the MMPA's interim exemption for com- 

 mercial fishing with a long-term management regime. Such a 

 regime must provide for the conservation of all marine mammal 

 stocks while allowing for the continued use of our nation's impor- 

 tant fishery resources. Our proposed regime meets this challenge. 

 It is based on guidelines submitted by the Marine Mammal Com- 

 mission and was developed in consultation with the U.S. Fish and 

 Wildlife Service, representatives of the fishing industry, represent- 

 atives of conservation groups, and other interested members of the 

 public. 



The regime proposes a dynamic process that would use informa- 

 tion gathered during the interim exemption period, and in the 

 future, to govern the interactions between marine mammals and 

 commercial fishing operations. The regime would maintain stocks 

 of marine mammals within or promote recovery to their Optimum 

 Sustainable Populations (OSP) while placing the minimum restric- 

 tions necessary on fishing operations. 



Although the proposal applies only to commercial fishing, the 

 number of marine mammals removed by other human activities 

 would be considered when making authorizations for taking 

 marine mammals. NMFS would use information collected during 

 the interim exemption to focus research and management activities 



