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commercial fishing operations. if at some future time the 

 California Sea Otter is delisted, and is no longer covered under 

 the ESA, would P.L. 99-625 be sufficient to govern this taking? 



Yes, public law 99-625 is freestanding legislation and does not 

 serve as an amendment tot he Endangered Species Act. Thus, should 

 the sea otter be delisted, the provision a of 99-625 would remain 

 in effect. 



What are the implications for the shellfish fisheries of California 

 should the U.S. Pish and wildlife Service abandon the San Nicholas 

 Island sea otter translocation and the "no sea otter" management 

 zone established by P.L. 99-625 especially if the sea otter is 

 delisted at a future time? 



If the sea otter translocation is abandoned, the provisions of 

 public law 99-625 would no longer apply. Thus, the provisions of 

 existing and otherwise applicable law, such as the Endangered 

 Species Act and the Marine Mammal Protection Act, would control 

 conflicts between shellfish fisheries and sea otters. If the sea 

 otter is delisted under the Endangered Species Act, then the 

 provisions of the Marine Mammal Protection Act would continue to 

 apply. In the unlikely event that conflicts would develop between 

 shellfish fisheries and sea otter population growth under such a 

 scenario, then the traditional tools available to manage such 

 conflicts under the mmpa would apply. incidental take would be 

 regulated under whatever regime is established by Congress pursuant 

 to the ongoing deliberations. Directed take would be prohibited 

 unless authorized pursuant to the existing provisions of the MMPA 

 for allowing permits and waivers of the moratorium for such 

 purposes. 



Should H.R. 2760 specifically prohibit intentional shooting of 

 marine mammals? 



Yes. Despite the continued prohibition on intentional killing 

 except where all non-injurious deterrence methods had been tried 

 and were insufficient to protect gear or catch, marine mammal 

 shootings increased during the period. According to The Marine 

 Mammal Center, more marine mammals stranded with bullet wounds in 

 1992 than in the prior eight years combined. In a half dozen 

 fisheries in 1990 and 1991, more marine mammals were killed by 

 "deterrence" actions than by interactions with gear. The narrow 

 lethal deterrence exception in the MMPA has been relied upon by 

 some in the fishing industry as an open invitation to "cull" marine 

 mammals because they are perceived as competitors with fishermen. 

 The claim that certain populations of marine mammals are so 

 abundant that they should be winnowed is a false one. Recent stock 

 assessments indicate that harbor 9eals in Puget Sound, accused of 

 reproducing too much, stealing fish, and polluting beaches, may in 

 fact have begun to experience declines of the sort that could be a 

 precursor to events similar to those that appeared before the crash 

 of harbor seals in Alaska. We believe it is foolhardy to wait 

 until the stock is a candidate for listing as depleted before we 



