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federal government. Such takes have never been authorized 

 under the MMPA, although they are occurring in large numbers. 



In accordance with the requirements of section 114 of the 

 MMPA and the terms of the 1988 interim incidental take 

 authorization, the National Marine Fisheries Service ("NMFS") 

 has submitted a proposed regime to govern the incidental take 

 of marine mammals in commercial fishing operations. FSO 

 participated in this review, including the Marine Mammal 

 Commission's ("MMC") preliminary effort of providing 

 guidelines to NMFS. Throughout the public review of the 

 proposed regime, FSO has argued strenuously for complete 

 protection of southern sea otters from incidental take in 

 accordance with the Congressional mandate in Public Law No. 

 99-625. The U.S. Fish and Wildlife Service ("FWS") has agreed 

 that no new incidental take authorizations should be 

 established for this species, see Exhibits 1 and 2, and has 

 provided these views to NMFS. Of course, NMFS must defer to 

 FWS on its recommendations for this species. 



With respect to the MMPA incidental take program that 

 will result from these hearings, FSO believes that several 

 guiding principles must be followed: 



1. No incidental take of Southern sea otters should be 

 authorized inconsistent with existing law; 



(10581-0002/DA931 180.011] 



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