The fourth thing I would like to mention is triggering emergency 

 regulations. The bill authorizes the Secretary to develop and imple- 

 ment emergency regulations if we find that the incidental taking of 

 marine mammals in a fishery might exceed the potential biological 

 removal. We think it makes a lot more sense to say that the Secre- 

 tary would make that decision when he considers lethal takes in 

 all fisheries and in all other activities that are lethally taking 

 marine mammals. It is very unlikely that a single fishery would 

 exceed a PBR, and the PBR actually includes everybody and every 

 activity that is taking marine mammals. 



Mr. Studds. I apologize, but your red light is on. 



Ms. Foster. Thank you very much. I will be glad to answer ques- 

 tions. 



Mr. Studds. You are such a nice witness. Thank you. That is the 

 most cheerful conclusion we have had in months. 



[The statement of Ms. Foster can be found at the end of the hear- 

 ing.] 



Mr. Studds. Next, Dr. Robert Hofman, Scientific Program Direc- 

 tor of the Marine Mammal Commission. 



STATEMENT OF ROBERT J. HOFMAN, SCIENTIFIC PROGRAM 

 DIRECTOR, MARINE MAMMAL COMMISSION 



Dr. Hofman. Thank you. 



Mr. Chairman, Members of the Committee, I have provided a 

 written statement describing a number of uncertainties concerning 

 the proposed legislation and how they might be resolved. The prin- 

 cipal uncertainties, in our view, relate to the long-term issues. We 

 share many of the uncertainties and concerns raised by Dr. Foster 

 and by you, Mr. Chairman. 



Our goal as well is not to be revisiting this in five years, so I 

 think it really is the long-term issues that we are most concerned 

 about. 



The proposed legislation, as we understand it, would require fish- 

 ermen to report all lethal taking of marine mammals following 

 completion of each fishing trip during which a take occurred. It 

 would require that the National Marine Fishery Service establish a 

 monitoring program to verify the accuracy of the reports and to 

 detect changes in the affected marine mammal stocks, with par- 

 ticular emphasis on stocks determined to be critical. 



The legislation would authorize the National Marine Fisheries 

 Service to place observers on a representative subset of fishing ves- 

 sels to obtain statistically reliable information on marine mammal 

 catches. 



It would require biennial registration of all vessels engaged in 

 fisheries that have been determined through the present Interim 

 Exemption Program to take endangered, threatened or depleted 

 species or species which will be identified under the new regime as 

 being critical. 



There appears to be no requirement and no means provided in 

 the proposed legislation to monitor the numbers of vessels engaged 

 in fisheries that are not now known to take depleted species or 

 stocks, or stocks which will be identified as critical under the new 

 regime. 



