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Natives for subsistence and handicraft purposes; (b) by local, 

 state, or Federal officials to protect the public health and 

 welfare, or to end the suffering of a sick or injured animal; (c) 

 for purposes of scientific research authorized by a permit issued 

 by the Secretary of the Interior or Commerce; (d) by commercial 

 fishermen to protect themselves, their gear, or their catch; and 

 (e) as authorized by a waiver of the Act's moratorium on taking. 



In some areas, substantial numbers of marine mammals, 

 particularly pinnipeds, are being found washed up dead on 

 beaches, apparently after being shot offshore. There also are 

 other indications of marine mammals being shot — e.g., apparent 

 bullet holes in the dorsal fins of killer whales. Under the 

 interim exemption program, shooting of cetaceans and depleted 

 species is prohibited and fishermen are required to report all 

 taking of marine mammals, intentional as well as accidental. 

 The number of marine mammals which fishermen report shooting is 

 substantially less than the number of animals being found dead, 

 or seen with apparent gunshot wounds. This suggests that at 

 least some fishermen are not complying with the reporting 

 requirements, and/or that fishermen or others are shooting marine 

 mammals illegally. In either case, there clearly is an 

 enforcement problem. 



The negotiated proposal submitted by representatives of the 

 U.S. fishing industry and environmental community recognizes this 

 problem, and recommends prohibiting fishermen from intentionally 

 shooting marine mammals. Such a categorical prohibition would be 

 easier to enforce than the present provision which allows 

 fishermen to shoot marine mammals to protect themselves, their 

 gear, or their catch. It should be recognized, however, that 

 such a provision likely would not prevent or substantially reduce 

 intentional shooting by fishermen or others, unless a greater 

 effort is made to identify and prosecute those who violate the 

 prohibition. 



Questions regarding section 7 of H.R. 2760 — establishment of a 

 Pinniped Interaction Task Force. 



It is not clear, either in H.R. 2760 or in the negotiated 

 proposal submitted by representatives of the fishing industry and 

 environmental community, precisely what purpose or purposes the 

 proposed Pinniped interaction Task Force is intended to serve. 

 As we understand the proposed amendment, the Task Force would 

 serve an advisory function. Any directed taking recommended by 

 the Task Force would have to be authorized in accordance with 

 section 101(a)(3)(A) and section 103 of the Act. This being the 

 case, it would appear that the proposed Task Force offers nothing 

 that cannot be achieved through the Act's waiver process as it 

 presently exists. 



