61 



ISSUES IN DISPUTE 



There are likely to be a number of issues raised by NOAA, the animal rights 

 groups, or other members of the interested public. In this testimony, the Coalition 

 has attempted to anticipate the most significant issues and address them accord- 

 ingly. A brief statement of the Coalition's views on the issues in dispute are as fol- 

 lows: 



1. Centralized Registration: We oppose it as a mandatory measure on a nation- 

 wide basis. The conservation teams and the Secretary should instead be p>ermitted 

 to craft their own verification regime aft^r determining what type of program makes 

 sense for Critical Stock management. Mandatory registration for Non-Critical 

 Stocks serves no legitimate purpose, and unduly burdens the administration of the 

 Program. 



2. Mandatory Logbooks and Observer Coverage Levels: We also oppose these as 

 mandatory elements required by statute. Each has value as management tool, de- 

 pending on the circumstances. 



3. Permitting: We oppose a mandatory permitting pro-am. There should be a ge- 

 neric legislative authorization to incidentally take marine mammals. The Federal 

 resources should be directed at problem resolution through the conservation team 

 mode. 



4. Threatened and Endangered Species: There should be no blanket prohibition on 

 the taking of threatened or endangered species under the MMPA. The regulatory 

 authority of the agency under the ESA to prevent ieopardy to the continued exist- 

 ence of threatened or endangered species is more than sufiicient, and includes the 

 ability to prohibit all takes when necessary. The MMPA process for regulating inci- 

 dental takes in commercial fishing should apply until an animal is listed, then be 

 disbanded in favor of the traditional ESA recovery plan process. 



5. Stakeholders: Stakeholders should be granted meaningful participation on both 

 the conservation teams and the Scientific Evaluation Working Group. Stakeholder 



f)articipation is vital to minimizing confrontation and encouraging cooperative prob- 

 em resolution. 



6. Funding: The Proposal is designed to apply whatever funding is available to 

 the stocks deemed most critical bv the agency. The actual performance of the pro- 



Sam for management of Critical Stocks functions irrespective of funding levels; 

 nding should not be cited as a reason that the program won't work. Funding levels 

 are relevant only to the issue of how many Critical stocks are addressed by con- 

 servation teams in any given year. 



The Coalition is opposed to mandatory user fees assessed against the fishing in- 

 dustry. It is the Congress which enacted the policy that marine mammals desired 

 heightened protection not afforded to land-based mammals. By declaring marine 

 mammal conservation a national priority, the Nation should be required to pay for 

 the program through the annual appropriation process. 



In conclusion, the Gulf of Alaska Coalition appreciates the opportunity to present 

 this testimony to the National Ocean Policy Study. We are prepared to assist you 

 throughout the legislative process in enacting a marine mammal conservation re- 

 gime which is effective and treats the fishing industry fairly. 



Senator Kerry. Thank you very much, Mr. Oilman. It was very 

 helpful. Mr. Kaelin. 



STATEMENT OF JEFF KAELm, EXECUTIVE DIRECTOR, MAINE 



SARDINE COUNCIL 



Mr. Kaelin. Yes, sir. Senator Kerry, Senator Stevens, thank you 

 for the opportunity to be here today to discuss the MMPA reauthor- 

 ization with you. I am Jeff Kaehn, the executive director of the 

 Maine Sardine Council. Our six factories utilize about 35,000 met- 

 ric tons of herring each year to produce about 40 million dollars' 

 worth of canned sardines and other canned herring products. 



I am also here as the president of the Associated Fisheries of 

 Maine. This organization is an umbrella group of about 50 fishing- 

 related businesses and several fisheries associations operating in 

 our State. 



And, finally, I appear today as government relations coordinator 

 for the Maine Aquaculture Association. That industry is becoming 



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