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authorized. Our experience under the Interim Exemption shows 

 that adequate verification of lethal takes requires a 

 reqistration process that includes all fisheries. A data base 

 similar to that resultinq from proposed subsection 118(d)(1)(A) 

 is necessary to qet vital information for fisheries interactinq 

 with non-critical or unlisted stocks of marine mammals. 



Proposed subsection 118(d)(2) authorizes the Secretary to charqe 

 a fee for the qrantinq of an authorization under this section. 

 It is not clear if the fee applies only to vessels in fisheries 

 for which reqistration is required, or whether it would apply to 

 all vessels operatinq under the qeneral authorization. Further, 

 the fee should be based on the administrative costs of 

 establishinq and maintaininq necessary data bases and other 

 administrative costs necessary for qrantinq the authorization, 

 rather than beinq based solely on the administrative costs 

 incurred in qrantinq an authorization. 



Proposed section 118(d)(3) states, "If the Secretary finds that 

 the incidental takinq of marine mammals in a fishery is likely to 

 exceed the potential bioloqical removal level, the Secretary 

 shall immediately consult with the appropriate conservation team 

 established under subsection (e) , reqional councils, and the 

 States, and prescribe emerqency requlations to prevent to the 

 maximum extent practicable any further takinq." The phrase, 

 "incidental takinq of marine mammals in a fishery," should be 



