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takes among fisheries or other user groups — i.e., the conservation teams will be able 

 to identify and fishermen will voluntarily implement measures which will reduce in- 

 cidental taking below the biologically acceptable level. The proposal indicates that 

 conservation plans may, if necessary, recommend measures to reduce lethal take 

 from non-fishing sources and identify the appropriate bodies to undertake possible 

 corrective measures. 



The Commission believes that, at least initially, it is likely that there will be cases 

 where current removals, from all sources, are greater than the estimated bio- 

 logically acceptable removal level. Consequently, it will be necessary to establish a 

 Krocess for allocating takes among the various users. The process that the National 

 larine Fisheries Service has proposed is lengthy and, in some circumstances, could 

 necessitate allocations being made a year in advance or result in allocations not 

 being made until after the fishing season begins. A possible alternative mechanism, 

 that might be more efficient, would be to constitute regional groups, along the lines 

 of the conservation teams proposed by industry and the environmental community, 

 and make the re^onal groups responsible for considering and providing advice to 

 the National Marine Fisheries Service on allocation of take, whenever necessary, as 

 well as on development and implementation of long-term strategies for reducing in- 

 cidental take to insignificant levels. 



Mortality Estimation and Verification: All parties recognize that accurate esti- 

 mates of mortality and serious injury incidental to commercial fishing operations 

 are essential to determine whether remedial measures are necessaiy, and whether 

 the measures taken are being successful. Further, all parties recognize that reports 

 provided by fishermen may not always provide accurate information on the species 

 or numbers of animals being taken and that, in some cases, it may be necessary 

 to require reporting of fishing effort, as well as marine mammal catch, and to place 

 observers aboard fishing vessels, or conduct observations from other platforms, to 

 verify and correct for possible errors in species identification and catch levels re- 

 ported by fishermen. Further, all parties agree that the National Marine Fisheries 

 Service should be given authority to place observers aboard any fishing vessel that 

 can accommodate observers safely. 



Under the National Marine Fisheries Service's proposed regime, the Service would 

 continue the present observer program, placing priority on fisheries that take ma- 

 rine mammals from depleted stocks and stocks oelieved to be declining. The goal 

 would be to estimate incidental take levels with a coefficient of variation (CV) of 

 twenty percent or less. The Service's proposal also recommends that the Service be 

 given authority to require that fishermen maintain and submit logbooks or other 

 records to allow accurate estimation of fishing effort. 



The regime proposed by the industry and environmental community would au- 

 thorize the Secretary to place observers aboard fishing vessels, but would not make 

 the observer program mandatory. It would authorize the Service to require report- 

 ing of fishing effort and other data, beyond the species and numbers of marine 

 mammals kifled, only if such data are not being collected by other means — e.g., 

 through a state licensing and reporting program. 



The proposal from the Marine Mammal Protection Coalition questions the utility 

 of a discretionary observer program. It argues that "[t]he Secretary should be 

 charged with instituting a mandatory observer program which would monitor inci- 

 dental take of critical stocks and assess the level of interactions with marine mam- 

 mals in all fisheries." 



Population Assessment and Monitoring: Under the National Marine Fisheries 

 Service's proposed regime, the Service would develop and implement a long-term re- 

 search program to assess and monitor the size, vital rates, and trends in all marine 

 mammal stocks that have more than a remote possibility of interacting with fish- 

 eries. Priority would be afforded to depleted and declining stocks and to stocks with 

 high levels of incidental take. The research program would be peer reviewed and 

 updated annually. 



The regime proposed by the industry and environmental community would give 

 the Secretary discretionary authority to develop and implement a long-range re- 

 search and monitoring program. The proposal from the Marine Mammal Protection 

 Coalition would make long-range stock assessment and monitoring mandatory. 



The Marine Mammal Commission believes that a long-range population assess- 

 ment and monitoring program will be an important and necessary component of the 

 regime to govern marine mammal-fisheries interactions. 



SUMMARY AND CONCLUSIONS 



In summary, the Marine Mammal Commission, after consultation with affected 

 parties, developed and, in July 1990, provided recommended guidelines to the Na- 



