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fisheries and marine mammal stocks where incidental takes are of significant concern. TTiis 

 information can serve as the basis for a targeted response that will reduce incidental takes, 

 conserve marine mammal populations, and meet the original goals of the MMPA while 

 enabling responsible fishing to continue. 



These shortcomings of the MMEP should be corrected for this final year of the 

 program, and the agency should be encouraged to complete its data analysis of observer and 

 logbook data this year as information critical to the reauthorization debate. In addition to 

 enacting the exemption in 1988, Congress directed the National Marine Fisheries Service to 

 develop a regime that will take the place of the exemption beginning at the end of this year. 



The agency has proposed a framework built around scientific guidelines for taking, 

 including allowable takes of depleted and endangered species. A detailed proposal, as well as 

 a Draft Environmental Impact Statement, were released in May, 1991. Following two 

 comment periods, workshops, and ongoing consultation with affected parties, the agency 

 delivered its proposed new regime to Congress in November, 1992. 



The Marine Mammal Commission has provided its advice and recommended 

 guidelines to govern the incidental take of marine mammals after 1993, and has urged that the 

 basic regulatory framework and MMPA goals be retained. Conservation groups fear that the 

 NMFS's proposed regime will weaken the fundamental protection of the MMPA by lowering 

 the standard of proof required to allow incidental mortality and generally not providing 



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