125 



- 9 - 



various user groups. It is inappropriate, for example, 

 to use ABR determinations as the basis for determining 

 the number of animals that might fruitfully be taken to 

 enhance the recovery of a depleted species or stock. 

 Likewise, it makes little sense to use the same criteria 

 to weigh the relative cost and benefits of taking for 

 purposes of scientific research versus taking incidental 

 to commercial fishing operations." (Comments at 53.) 



The Commission concludes that "these proposals could 

 unnecessarily impair scientific research and enhancement 

 efforts." ( Id. ) 



The Marine Mammal Center in its comments criticized the 

 agency's original proposal: 



"All that is left [under the ABR (now PBR) proposal] is 

 fisheries, versus public display, scientific research 

 and enhancement activities. There need be no 

 controversy. To our knowledge there is no population 

 with such a small take [sic] the commercial fishery 

 cannot accommodate scientific research and public 

 display. Commercial fishermen do not need to be in an 

 annual battle with aquarium directors or university 

 professors. There is no problem here. Just subtract 

 this insignificant use from the ABR available to the 

 fisheries. We are sure they would rather live with that 

 than the annual battle this proposal envisions. " 

 (Emphasis added.) 



Peter Tyack, Associate Scientist of the Woods Hole 

 Oceanographic Institution, states: 



"I am also concerned that the proposed allocation 

 among user groups is not consonant with the MMPA's 

 recognition that human activities which benefit marine 

 mammals ought to have special treatment compared to 

 activities that only harm marine mammals. That was the 

 purpose of the permit program, to allow for research or 

 public display, activities that would otherwise be 

 prohibited. . . . I feel that the proposed regime will 

 not implement the MMPA correctly unless it 

 preferentially allocates potential takes to research, 

 public display, and ecological enhancement or salvage 

 efforts. " (Emphasis added.) 



He goes on to recommend: " Give priority for ABR to activities 

 such as research and public display which benefit marine 

 mammals. " (Emphasis added.) 



74-195 0-94-5 



