Although we do not have a bill before us today, I look forward to hearing the Ad- 

 ministration's position on the National Marine Fisheries Service (NMFS) proposal 

 for a program to govern the interaction between marine mammals and domestic 

 commercial fishing operations. Due to a lawsuit which effectively negated NMFS' 

 ability to issue incidental take permits in certain cases, Congress amended the 

 MMPA in 1988. It is the provisions of that amendment that we are here to discuss. 



I understand the complications within the fishing industry regarding the acciden- 

 tal take of marine species other than those targeted by the fishery. Sometimes it is 

 extremely difficult to eliminate or even reduce that incidental take. Fortunately, 

 not a single fishery in the Gulf of Mexico is in the Category I list, however, there 

 are small amounts of cetaceans which are taken incidental to fishing operation in 

 the Gulf. 



While I would like to see marine mammals protected, I do not want to see all 

 commercial fishery operations come to a halt. It is, therefore, essential that our fish- 

 eries be managed so that fishing can continue with little, if any, disruption. The 

 1988 amendments established a five-year interim exemption fro commercial fishing 

 operations during which time NMFS was to establish a program to regulate this 

 interaction. However, the exemption expires on October 1, and it is very important 

 that Congress do something by that deadline, so those fisheries are not shut down, 

 while we decide the best management program. 



Thank you, Mr. Chairman. 



Statement of Hon. James Saxton, a U.S. Representative from New Jersey, and 

 Ranking Minority Member, Subcommittee on Environment and Natural Re- 

 sources 



The Marine Mammal Protection Act will be one of the most difficult reauthoriza- 

 tions to be taken up in this 103d Congress. Today we will begin what I hope will 

 prove to be a productive and fair process for managing the interactions between 

 commercial fisheries and various species of marine mammals. 



The goal of zero mortality, as articulated in the MMPA, is a noble one. However, 

 the immediate attainment of this goal could only be realized through a closure of 

 our domestic fisheries. Clearly, this is not an option. 



The American public, for many reasons — most notably health — has a high 

 demand for these public resources. More importantly, however, is the issue of for- 

 eign fishing. If the U.S. Fisheries were simply to shut down, this would do little to 

 conserve, sustain and protect marine mammals. We have no authority over foreign 

 fishing fleets beyond our EEZ, and the American consumer would continue to 

 demand seafood caught by foreign interests who have little or no regard for the sus- 

 tained populations of these creatures. 



In addition, closing down domestic fisheries for the attainment of zero mortality 

 will not address the impacts of coastal pollution and habitat destruction, which are 

 increasingly being recognized as major threats to marine mammal populations 

 around the world. 



In all, the MMPA, if realistically amended and implemented with enforceability — 

 can put our fleet to the fire for developing less harmful methods of harvesting the 

 sea, while allowing us to continue to gain a better understanding of these creatures 

 and the role they play in the marine ecosystem. 



I am curious about a number of items contained in the proposed regime, and am 

 anxious to hear the reactions and concerns from the various interest groups repre- 

 sented here today. 



I welcome the witnesses to the Committee and look forward to hearing their testi- 

 mony. 



Thank you, Mr. Chairman. 



Mr. Studds. I thank the gentleman. And I would like to request 

 the Clerk to correct the record to indicate that I pronounced Koke- 

 chik correctly the first time. We will go to our first panel, Ms. 

 Diana Josephson, Acting Undersecretary for Oceans and Atmos- 

 phere of NOAA, and Dr. Robert Hofman from the Marine Mammal 

 Commission. We will have you appear together as you have already 

 discerned, and we are going to ask you to confine your oral re- 

 marks to five minutes. I apologize for the barbaric nature of the 

 lights in front of you. I think you have been subjected to them 

 before. It is the only way of getting through the day around here. 



