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MONITORING INCIDENTAL LETHAL TAKES 



NMFS assumes that the Secretary may require observer coverage in 

 all fisheries subject to U.S. jurisdiction, not just those 

 fisheries required to register. The text of sections 114(e)(6) 

 and 114(e)(7) should be repeated in the new section 118 to avoid 

 interpretation problems when section 114 expires after the 

 general authorization is issued. 



The proposed subsection 118(f)(2) reads, "The Secretary shall 

 require that vessels operating...." The wording should be 

 changed to read "The Secretary may require that vessels operating 

 . . . . " Observer coverage should be within the Secretary's 

 discretion. 



NMFS recognizes the need to place observers on vessels in 

 fisheries where rates of interaction between marine mammals and 

 fishing operations are not well documented. Therefore, NMFS 

 needs the authority to place observers on vessels in fisheries 

 where takes may be occurring, but the levels of take are unknown. 



Given that the Secretary is guided by requirements in the bill to 

 obtain statistically reliable information according to several 

 standards, subsection 118(f)(3) is not necessary. However, if 

 some priority for observer coverage must be specified, it should 

 be a function of the precision required for statistically 



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