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However, the number of fisheries that would have to register 

 under the bill is insufficient to allow NMFS to fulfill all 

 requirements of the bill. For example, stock assessment reports 

 require the estimated number of vessels and levels of 

 interactions in all fisheries that interact with all marine 

 mammal stocks. Registration requirements under the Interim 

 Exemption resulted in good estimates of the numbers of vessels in 

 Category I and II fisheries, but we have no data indicating 

 number of vessels or levels of interaction in Category III 

 fisheries. The bill contains no mechanism to address this 

 problem. 



We assume that lethal takes discussed in the proposed subsection 

 118(d)(1)(C) is intended to include seriously injured marine 

 mammals that would likely die as a result of these injuries. 

 Such an inclusion appears consistent with Congressional intent as 

 expressed in stating the Zero Mortality Rate Goal in section 114. 

 NMFS also assumes that lethal takes in all fisheries must be 

 reported to the Secretary. 



Proposed subsection 118(d)(1)(D) would require each vessel to 

 comply with monitoring requirements established under subsection 

 (f ) , which authorizes the Secretary to place observers in any 

 fishery that interacts with marine mammals. Without a 

 registration process for all interacting fisheries, observer 

 assignments cannot be made in all cases in which they are 



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