Where necessary data are available, NMFS would use these to calculate PBR. 

 When necessary information is unknown or of poor quality, NMFS would use con- 

 servative default values for population growth rates to calculate PBR. PBR calcula- 

 tions for stocks that are determined to be below OSP levels, or for which the status 

 is unknown, would include a recovery factor to reduce PBR for the affected stocks. 

 The calculated PBR values would be examined for each stock and, where necessary, 

 modified to ensure that fishing operations do not prevent the recovery of depleted 

 stocks. 



Following calculation and adjustment of PBR for each stock of marine mammals, 

 as well as public and scientific review of the calculated values, NMFS would draft 

 a plan to allocate a portion of PBR for marine mammal stocks to commercial fish- 

 eries. The plan would be developed in conjunction with other Federal and state 

 agencies and Fishery Management Councils. The Councils would hold public hear- 

 ings, solicit public comments, and submit recommended changes to NMFS. 



The NMFS regime includes stock assessment research to determine the status of 

 all marine mammal populations. Eventually, estimates of population growth derived 

 from research data would replace default values of population growth used to cal- 

 culate potential removals. NMFS would draft a long-term research plan to continue 

 assessments of marine mammal stocks to update Stock Assessment Reports. All as- 

 pects of the stock assessment and PBR allocation process would be reviewed by Sci- 

 entific Peer Groups composed of impartial members of the scientific community. In 

 addition, NMFS would develop methods to assess and monitor the status of marine 

 mammal populations on a long-term basis. 



Under the proposal, NMFS would classify fisheries in terms of take rate and 

 stocks taken in order to best focus resources on the most severe interaction prob- 

 lems. Fisheries that take disadvantaged stocks or large numbers of marine mam- 

 mals would receive a high priority for research and management attention. NMFS 

 would have the authority to place observers on any fishing vessel operating in U.S. 

 waters. Priorities for observer coverage would depend upon a fishery s level of inter- 

 action and the status of interacting marine mammals. Fishermen in those fisheries 

 not subject to observer coverage would be required to maintain information concern- 

 ing fishing effort and interactions with marine mammals and to submit this infor- 

 mation to NMFS. 



The proposal contains provisions to authorize the taking of depleted marine mam- 

 mals, including those listed as threatened or endangered unaer the Endangered 

 Species Act (ESA). Procedures for this authorization would adhere to requirements 

 01 section 101(a)(5) of the MMPA and section 7 of the ESA for listed species. 



The non-lethal taking of marine mammals would be allowed under the proposed 

 regime to deter marine mammals from damaging the fishermen's gear or catch or 

 to provide for personal safety. The proposed regime also would authorize intentional 

 lethal taking of some marine mammals for personal safety or if fishermen can dem- 

 onstrate that marine mammals cause a significant negative impact on the fishery 

 and non-lethal measures were tried and proven to be ineffective. Lethal removals 

 would be allowed only if they were within the allocated PBR. As is currently the 

 case in the MMPA, intentional lethal taking of any cetacean or depleted pinniped, 

 including those listed as threatened or endangered, would not be allowed. 



Finally, the proposed regime contains provisions to reduce the taking of marine 

 mammals incidental to commercial fishing operations, consistent with the goal of 

 the MMPA to reduce mortality and serious injury to insignificant levels approaching 

 a rate of zero. Under the proposed regime, the major objective of research efforts 

 will eventually shift, as our knowledge increases, from assessing populations and 

 determining the impact of incidental removals on population status to eflbrts de- 

 signed to reduce mortality incidental to fishing operations. Any critical problems, 

 once identified, would be addressed in a timely manner. 



NECX)TIATED PROPOSAL 



Representatives of the conservation and fishing communities formed a negotiating 

 group to discuss the issue of MMPA reauthorization. As a result of these discus- 

 sions, the negotiating group developed its own proposal for managing interactions 

 between commercial fisneries and marine mammals to replace the Interim Exemp- 

 tion upon its expiration. 



The group's stated goals were to develop a management system that would reduce 

 mortality and serious injury rates to insignificant levels approaching zero, and to 

 take aggressive action to decrease the need to list species as threatened or endan- 

 gered under the ESA. The most immediate focus of management actions is on ma- 

 rine mammal stocks that are in decline or at low population levels, but which are 

 not yet listed under ESA. 



