43 



In conclusion, I would like to emphasize again that we think it 

 is time to move on to solving problems. We have learned a lot from 

 the interim exemption. The size of the problem appears to be more 

 manageable than what we knew. The 40 populations of marine 

 mammals that are subject to incidental mortahty from fishing, sig- 

 nificant levels of take by fishing is fewer than one-half, and maybe 

 fewer than a dozen. Significant interaction occurs only in a few 

 fisheries. 



One of the key things — and I will wrap this up — is that our pro- 

 posal, unlike the agency proposal, absolutely finally outlaws what 

 the fishery calls "shooting from the stem deck." When you look at 

 the numbers of marine mammals that died in the course of so- 

 called deterrence actions, that cause is greater in many fisheries 

 than it is from entanglement in gear, and so we think the industry 

 acquiescence in an absolute ban on intentional killing was a major 

 achievement. 



We thank you for this opportunity, and we will be happy to an- 

 swer questions. 



[The prepared statement of Ms. ludicello follows:] 



Prepared Statement of Suzanne Iudicello 



Mr. Chairman and Members of the Committee, thank you for the invitation to 

 present our views on the reauthorization of the Marine Mammal Protection Act 

 (MMPA). My name is Suzanne ludicello; I am counsel for the Center for Marine 

 Conservation. The Center served as the coordinator for the conservation groups who 

 participated in the negotiations with fishing groups and who endorse the Conserva- 

 tion and Fishing Community Negotiated Proposal submitted to you on June 10, 

 1993: the Animal Protection Institute, Friends of the Sea Otter, Greenpeace, Na- 

 tional Audubon Society, The Marine Mammal Center, and the World Wildlife Fund. 

 A copy of the joint agreement is attached for the hearing record. 



Among their interactions with humans, marine mammals eat fish that are also 

 the target of our commercial fishing fleets, and occur in areas where fishing is con- 

 ducted. As a result they are incidentally taken during commercial fishing oper- 

 ations. Your hearing to focus on the incidental taking oi marine mammals in com- 

 mercial fishing operations reflects the critical, and often volatile, nature of this 

 issue. It is very timely, given the September 30 expiration date of the Interim Ex- 

 enaption Program enacted in the 1988 Amendments. 



(Jur testimony addresses (1) the need for a system to replace the interim exemp- 

 tion, (2) an overview of the joint conservation/fishing community proposal, and (3) 

 comments on the alternative regimes proposed by the National Marine Fisheries 

 Service and others. 



I wish to preface my remarks by thanking the Committee for its encouragement 

 to the conservation and fishing communities to work together to find common 

 ground and creative approaches to incidental take. Too often adversary interest 

 groups forget that once we make someone part of the solution, they are less likely 

 to be part of the problem. The opportunity to work together on incidental take is- 

 sues first presented itself as early as six years ago with cooperation on the control 

 of high seas driflnets, continued during the 1988 Amendments to the MMPA, and 

 through the development of the present joint proposal. This work has always been 

 encouraged by Members of the Committee, and we appreciate your direction and 

 confidence. 



BACKGROUND 



The Marine Mammal P*rotection Act was passed by Congress in 1972 to protect 

 marine mammals of "great international significance * * * aesthetic and rec- 

 reational as well as economic." For two decades its mandate has been to protect 

 whales, dolphins, porpoises, seals, and sea lions, walruses, polar bears, sea otters, 

 and manatees through its major provision: a moratorium on the taking of all marine 

 mammals by persons subject to U.S. jurisdiction. Another goal of the MMPA is that 

 the "incidental kill or incidental serious injuiy of marine mammals permitted in the 

 course of commercial fishing be reduced to insignificant levels approaching a zero 

 mortality * * * rate." 



