the amendments, then we will hear from representatives of the 

 working group on their counterproposal, and finally from represent- 

 atives of the conservation group's concerns about both of these pro- 

 posals. We look forward to a good working session today. Mr. 

 Chairman, your comments, please. 



OPENING STATEMENT OF SENATOR ROLLINGS 



Mr. CHAreMAN. Today, we begin consideration of the reauthoriza- 

 tion of the Marine Mammal Protection Act. The task at hand is not 

 an easy one. There are no simple solutions to reducing interactions 

 between marine mammals and fishermen. 



This hearing will focus on the need for MMPA amendments to 

 establish a new regime governing these interactions. The MMPA 

 was enacted in 1972 in response to increasing popular sentiment 

 and gprowing concern for the welfare of marine mammals. The act 

 notes the adverse impact of human activities on some marine mam- 

 mal populations, and the need to restore those populations that 

 have been severely depleted. 



A comprehensive Federal program to conserve marine mammals 

 has been established by the MMPA. The central feature of the Fed- 

 eral program is a moratorium on the taking of all marine mammals 

 by persons subject to U.S. jurisdiction. In addition, the moratorium 

 on the taking or importation of marine mammals may be waived 

 under certain conditions. One of these conditions — the one we are 

 addressing in today's hearing — is the incidental taking of marine 

 mammals in the course of commercial fishing operations. 



Everyone in this room recalls that a Federal court ruled in 1987 

 that a permit could not be issued if there was a chance that fisher- 

 men would take marine mammals from a depleted population. As 

 a result of that ruling. Congress amended the MMPA in 1988 to 

 provide a 5-year exemption to commercial fishermen while the Na- 

 tional Oceanic and Atmospheric Administration and Congress ad- 

 dressed the issues raised by the court decision. The 5-year exemp- 

 tion allowed the nonintentional killing of marine mammals during 

 fishing operations and required fishermen to carry observers and 

 collect better scientific data on populations of marine mammals 

 and the interactions between marine mammals and fisheries. This 

 statutory exemption expires on October 1, 1993. 



In adaition to the interim exemption, the 1988 amendments re- 

 quired the Secretary of Commerce, after consultation with the Ma- 

 rine Mammal Commission, to submit to Congress a proposal for a 

 permanent regime to govern the interactions between marine mam- 

 mals and commercial fishermen. That proposed regime was for- 

 warded to Congress on December 4, 1992. Both the conservation 

 community and the fishing industry expressed serious concerns 

 about the Department of Commerce proposal and responded by es- 

 tablishing a working group of industry and conservation represent- 

 atives who negotiated an alternative proposal. 



Today, we will hear from NOAA and from the authors of the ne- 

 gotiated alternative on the options they would like Congress to pur- 

 sue in revising the MMPA to manage the interaction between com- 

 mercial fisheries and marine mammals. I look forward to hearing 

 suggestions on implementing a new regime that allows fishing op- 

 erations to continue while maintaining marine mammal protection. 



