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PACIFIC MARINE FISHERIES COMMISSION RESOLUTION NO. 11 

 AMEND THE MARINE MAMMAL PROTECTION ACT 



WHEREAS, the Marine Mammal Protection Act was enacted because of Congressional 

 concern for the status of certain species of marine manmals; and 



WHEREAS, the wording of Section 109 of the Marine Mammal Act does not require 

 expeditious review and disposition of management programs submitted by the states 

 to the Federal Government; and 



WHEREAS, procedures developed under the framework of the Act do not permit any 

 state marine mamnal program to be implemented, in the absence of statutory authority 

 to protect all marine mammals; and 



WHEREAS, the "moratorium" on taking of marine mammals as defined in Section 101 

 prohibits consideration of the total ecosystem in the utilization and wise management 

 of fishery resources; and 



WHEREAS, the definition of some terms including "take (harass)", "moratorium", 

 and "depletion" provide unrealistic restrictions on responsible management of the 

 nation's living marine resources including marine mammals; and 



WHEREAS, the Act should provide for more realistic consideration of the 

 incidental take of marine matimals in commercial fishing operations to avert the 

 collapse of major U.S. fisheries; and 



WHEREAS, all the foregoing provisions will assist in the furtherance of the 

 objectives of the Act; 



NOW BE IT THEREFORE RESOLVED, that the Pacific Marine Fisheries Commission 

 urges Congress to amend the Marine Mammal Protection Act to require that programs 

 submitted by states to manage their marine mammals be acted upon within 120 days in 

 a manner consistent with requirements of Section 6 of the Endangered Species Act of 

 1973, so that the Act encourages the return of management responsibility to the 

 states; and 



BE IT FURTHER RESOLVED, that the terms "depletion", "moratorium", and "take 

 (harassment)" be redefined so that state and federal agencies can consider all 

 animals in the marine ecosystem when managing the ocean's fishery resources; and 

 BE IT FURTHER RESOLVED, that the Act be amended to permit states to submit 

 management programs for any individual marine manmal species for which they have 

 statutory responsibility; 



BE IT LASTLY RESOLVED, that the Marine Matnnal Protection Act be amended so that 

 the goal of reducing matimal mortality incidental to coirmercial fishing be defined 

 in more practicable and realistic terms. 



Adopted in San Diego, California, 

 November 13, 1975 by unanimous 

 approval of the five Compact States, 

 Alaska. California, Idaho, Oregon, 

 and Washington. 



