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level. The definition in the bill is close, but it is questionable 

 if fishing would qualify as an "irreversible" effect since, in 

 theory, a cessation of fishing may cause an increase in carrying 

 capacity for some species of mammals. We believe this issue should 

 be postponed. Instead, the discussion should be focused on a 

 conservation regime to protect mammals and to encourage the 

 achievement of the Zero Mortality Rate Goal throughout the 

 commercial fishing industry. 



Mandatory recovery factors should be removed. We consider 

 recovery factors to be policy determinations on the timing of 

 recovery. The Secretary should be given discretion to adopt a 

 recovery factor that meets the circumstances of the situation. 

 With respect to the timing of recovery under a conservation team 

 concept, special treatment should be afforded for minimizing the 

 harm to Alaska Native subsistence users when subsistence is the 

 primary source of the removal and the Secretary has decided to 

 exercise existing authority under Sec. 101(b). 



7. Sec. 7. Establishment of Pinniped Interaction Task Force 



This section needs substantial revision. No authority is 

 granted to the Secretary to authorize Federal or state wildlife 

 managers to lethally remove nuisance pinnipeds. There appears to 

 be no process for an applicant to seek and receive redress when 

 methods of non-lethal deterrence have been exhausted and lethal 

 removal is the only realistic solution to the problem. 



8. Other Issues 



First, the legislation is unclear about whether there will be 

 a flat prohibition on intentional lethal takes. A definitive 

 statement should be included in the bill. 



Second, the legislation does not provide any authority for 

 either the fishing industry or private citizens to use non-lethal 

 methods of harassment to deter marine mammals from gear and catch 

 or private property. Such authority must be included or fishermen 

 will be facing a "taking" prohibition for trying to comply with the 

 Zero Mortality Rate Goal. We have asked these animals nicely to 

 stay away from the gear, and they have refused. Some form of 

 harassment must continue to be authorized. 



