153 



established an area around the translocation site and 

 throughout the parent population range (including room for 

 natural expansion) where sea otters would be fullv protected 

 and incidental take prohibited . The concept of an absolute 

 prohibition of incidental take in these areas was an essential 

 underpinning of Public Law No. 99-625. (Public Law No. 99-625 

 also designated areas where otters would not be allowed to 

 colonize, where incidental take during legal fishing 

 operations would not be prohibited, and where specified 

 protections of the ESA would not apply.) 



The State of California joined in the effort by 

 prohibiting fishing nets and the discharge of firearms around 

 the San Nicolas Island translocation site. As a result, sea 

 otters are fully protected north of Point Conception and 

 around their reoccupied habitat at San Nicolas Island. 



By honoring in the 1988 interim exemption from the MMPA 

 incidental take prohibition the understanding that there would 

 be no incidental take of Southern sea otters in its entire 

 range except the designated area south of Point Conception, 

 Congress expressly reaffirmed the importance of prohibiting 

 the incidental take of Southern sea otters. That protection 

 remains as necessary today as it was in 1988. In addition, 

 the incidental take of sea otters in Alaska is becoming an 

 issue of major concern which has been overlooked by the 



II0581-OOO2/DA931 180.011) 



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