78 



what is not a problem, zero takes, or one take. And I think it is 

 really important that we focus on what the problem is. 



Our review of the NMFS data, in contrast to the some 150,000 

 animals cited earlier, was that in 1990 both log book and observer 

 reports, 76,000 marine mammals were harassed, and 8,750 were 

 killed. Now, that is both log book and observer. In 1991, 51,475 

 were harassed and 6,207 were killed. 



The next point is that of the animals that were killed, the issue 

 of stern deck shooting is very significant cause of mortality in 

 seven fisheries. And the fishing community agreement to stop that 

 practice, to just have it banned clearly and outright in the law, no 

 wiggle room, no gear catch protection, no fine points, iust out and 

 out banned, no shooting, is really is going to accomplish a lot of re- 

 duction in mortality. 



Senator Kerry. What is the estimate of the percentage of 6,000 

 and 8,000 that are stern deck shootings? 



Ms. lUDlCELLO. May I respond to that? I could go through this 

 table and add it up but I think that would waste our time. But I 

 would be happy to provide you with that exact number. 



Senator Kerry. Sure. 



[The information referred to follows:] 



Letter From Suzanne Iudicello, Senior Program Counsel, Center for 



Marine Conservation 



July 19, 1993. 



The Honorable John Kerry, 

 U.S. Senate, 

 Washington, DC 20510 



Dear Mr. Chairman: Thank you again for the opportunity to appear before your 

 committee last week. The hearing on the Marine Mammal Protection Act reauthor- 

 ization was very successful in drawing out the issues and illuminating the points 

 of diversion between the proposal put forth by the National Marine Fisheries Serv- 

 ice (NMFS) and that made by the parties to the conservation/fishing community 

 agreement. 



We were gratified to hear you and Senator Stevens recommend that the conserva- 

 tion/fishing community representatives meet with agency officials and your staff to 

 further resolve remaining differences between our two approaches to governing inci- 

 dental take. We look forward to such meetings and to working with the committee 

 on a fast timetable for introduction of reauthorizing legislation. To that end, we al- 

 ready have begun discussions with NMFS to narrow down the issues in dispute. 



You requested information on the amount of marine mammal mortality caused by 

 intentional shooting in the course of fishing operations. According to data compiled 

 by the Marine Mammal Exemption Program, in 1990, fishing vessels harassed 

 76,450 animals, and killed 8,750. Of the latter, 451 (5.1 percent) were killed as a 

 result of "deterrence" or shooting, as reported by fishermen in their vessel logbooks. 

 In 1991, 51,475 marine mammals were harassed, and 6,207 killed. Fishing vessel 

 logbooks reported that of those animals killed, 233 (3.7 percent) died as a result of 

 deterrence actions. Observer reported data do not differentiate between incidental 

 and intentional mortality, so we are unable to provide that figure separately, but 

 the extrapolation of observed marine mammal deaths is incorporated in the total 

 mortality figures. The fisheries in which deterrence actions accounted for more 

 deaths than mortality caused by animals running into fishing gear are (in both 1990 

 and 1991): Alaska Bristol Bay Set and Drift Gillnet, Washington Puget Sound Re- 

 mon and Inland Waters South of the Canadian Border Salmon Set and Drift Net 

 Fishery, and Washington, Oregon, California Salmon Troll Fisheries. 



One issue that the parties a^eed to, but that was not brought out at the hearing, 

 is the issue of intentional feeding of marine mammals in the wild. It became evident 

 during our discussions that one of the causes of problem interactions in harbors and 

 at docks was that animals were emboldened after repeated hand feeding at the 

 docks. Because the fishing industry requested additional flexibility in the MMPA to 

 enable citizens to use noninjurious methods to chase marine mammals away from 



