86 



15 



other grounds, the Government took issue with the court's 

 narrowing of the "take" definition. While it is hoped that the 

 court will reconsider its opinion, this is an issue that bears 

 watching by Congress. If the holding limiting the definition of 

 harassment to direct and sustained intrusions on marine mammals 

 is left intact, legislation to include lesser forms of 

 disturbance and molestation under the definition would be 

 warranted. 



Alaska Native Issues 



From our discussions with representatives of Alaska Native 

 groups it appears that they are primarily concerned with three 

 issues related to reauthorization, other than the proposed regime 

 to govern the taking of marine mammals incidental to commercial 

 fishing operations. First, they seek to ensure that the current 

 exemption allowing the taking of marine mammals for subsistence 

 and handicraft purposes is maintained. Second, Native 

 communities would like to build on current efforts to enhance 

 cooperation between the Alaska Natives and the Fish and Wildlife 

 Service in managing polar bear, sea otter, and walrus populations 

 in Alaska. Third, they would like to have the Act amended to 

 allow the importation of marine mammal products that: a) were 

 exported from the United States in conjunction with personal 

 travel; b) were acquired by an Alaska Native outside the United 

 States as a gift from a Native inhabitant of Russia, Canada, or 

 Greenland; or c) are being imported by Native inhabitants of 

 Russia, Canada, or Greenland in conjunction with their personal 

 travel or as gifts for Alaska Natives. 



The Commission supports retention of the existing exemption 

 for Alaska Natives. As was recognized by Congress when the Act 

 was passed in 1972, traditional uses of marine mammals by Alaska 

 Natives should be protected and given primacy over other uses. 

 Although there have been problems from time to time with the 

 current system, Native communities have worked hard to eliminate 

 them. 



The Commission believes that cooperative efforts between 

 appropriate governmental agencies and Native groups provide the 

 best long-term solution for managing the take of marine mammals 

 for subsistence and handicraft purposes. Native communities have 

 expressed a willingness to work with the Service to ensure that 

 levels of take do not adversely affect the populations. 



Informal discussions with the Service indicate general 

 support for this approach. However, the Service has suggested 

 that more explicit authority is needed to enable it to make 

 grants or provide other financial assistance to Alaska Natives 

 participating in such cooperative management activities. While 

 the Commission agrees that such activities should be funded, it 

 does not believe that a substantive amendment is needed, although 



