69 



While the Interim Exemption Program allows the incidental take of marine mammals 

 (except California sea otters), it does not allow intentional taking of Stellers sea lions, 

 cetaceans, or any marine mammals from a population stock designated as depleted, such as 

 northern fur seals. 



The Marine Mammal Exemption Program (MMEP) created to implement the 1988 

 Amendments has not entirely fulfilled expectations or requirements. Our concerns with the 

 program fall into several categories: level of participation and reporting; accuracy of data; 

 enforcement and monitoring. 



Program Resi'.lts 



The Interim Exemption was to have begun in the 1989 fishing season with the creation 

 by NMFS of the Marine Mammal Exemption Program (MMEP). (54 Fed Reg 21910 (May 

 19, 1989)] Administrative delays and the slowness of developing a mechanism to register 

 vessels and enter data received from fishermen resulted in the publication of categories of 

 fisheries late in 1989, too late for that year's fishing season. [54 Fed Reg 16072 (April 20, 

 1989)] The first registrations occurred in time for the 1990 fishing season. [54 Fed Reg 

 21910 (May 19, 1989)] 



That year 18,877 vessels registered for the program, and 12,055 submitted reports at 

 the end of the season. Overall percentage of those reporting averaged 53 percent of those 

 registering. However, the participation varied from fishery to fishery from as low as 2 



