53 



would adhere to requirements of section 7 of the ESA when 

 appropriate and section 101(a)(5) of the MMPA. The plan would 

 allow removals from depleted stocks to be authorized in the 

 absence of a conservation or recovery plan for an interim period, 

 not to exceed 240 days. 



Intentional Takes 



The Interim Exemption allows commercial fishermen to use 

 intentional non-lethal measures to deter marine mammals from 

 damaging their gear or catch or to provide for personal safety. 

 The lethal taking of non-depleted pinnipeds is also authorized if 

 non-lethal measures prove ineffective. 



The non-lethal taking of marine mammals would also be 

 allowed under the proposed regime for reasons similar to those 

 under the Interim Exemption. The proposed regime also would 

 authorize intentional lethal taking of some marine mammals for 

 personal safety or if fishermen can demonstrate that marine 

 mammals cause a significant negative impact on the fishery and 

 non-lethal measures were tried and proven to be ineffective. 

 Lethal removals would be allowed only if they were within the 

 allocated PBR. As is currently the case in the MMPA, intentional 

 lethal taking of cetaceans or depleted pinnipeds would not be 

 allowed. The proposed regime would not allow the intentional 



15 



