94 



also lead to delays and inaction. We recommend that language be included to ensure 

 that the National Marine Fisheries Service can take action on a fishery/marine 

 mammal issues when a Conservation Team is deadlocked. We further suggest that 

 Congress authorize establishing Conservation Teams as a pilot project in a few 

 cases to determine how well the concept will work in problem resolution. 



ALASKA MARINE MAMMAL MANAGEMENT 



The Sierra Club supports amending the Marine Mammal Protection Act to allow 

 federal intervention before populations become depleted. Currently, hunting of ma- 

 rine mammals by Natives can only be regulated after a species is declared to be de- 

 pleted, after a species is declared to be depleted, a declaration that can be made 

 only after time-consuming administrative proceedings, potential administrative ap- 

 peals and litigation. 



In urging Congress to provide the U.S.Fish and Wildlife Service (in the instance 

 of polar bear, sea otter, walrus and other pinniped management) and the National 

 Marine Fisheries Service (in the instance of cetaceans) with the authority they need 

 for sound management and protection of these species, we want to emphasize that 

 we are not suggesting a change in the present Native exemption to the moratorium 

 on taking. Nor are we recommending regulatory authority a substitute for increased 

 State-Federal-Native cooperation in the management of these internationally signifi- 

 cant species. We strongly support both the exemption and increased cooperation 

 among the users and the wildlifie management agencies, backed by added regulatory 

 authority for the U.S. Fish and Wildlife Service and National Marine Fisheries 

 Service, in addition to their current authority to regulate "wasteful take." 



We appreciate the opportunity to provide congress with the Sierra Club's rec- 

 ommendations on these issues. 



Thank you for considering our views. 



PROPOSED AMENDMENTS TO THE MAGNUSON FISHERY CONSERVATION AND 



MANAGEMENT ACT OF 1976 



OBJECTIVE— MINIMIZE BYCATCH 

 ******* 



SUMMARY OF THE PROBLEM 



******* 



Neither the Magnuson Act nor the 602 guidelines for preparing FMPs specifically 

 deal with bycatch. Managers may account for bycatch impacts in developmg plans, 

 but they seldom do. The act needs more specific regulations designed to reduce or 

 eliminate bycatch. 



NEEDED ACTION 

 ******* 



• explicitly define bycatch and establish a national policy to reduce bycatch in all 

 commercial fisheries to "insignificant levels approaching zero"; 



******* 



• require all fishery management plans to establish a program for reducing 

 bycatch by all gear within the plan's jurisdiction; 



• mandate a comprehensive assessment of the level of bycatch of all gear in each 

 fishery; 



• strengthen existing conservation engineering programs within the federal gov- 

 ernment by increasing funding and establishing cooperative efforts with the fishing 

 industry in research and development of new, more selective gear. These efforts 

 should be funded by increased appropriations and fees imposed on those fishing op- 

 erations with significant levels oi bycatch; and 



AMENDMENTS SUGGESTED BY THE MARINE FISH CONSERVATION NETWORK 

 ******* 



Section 3. — Definitions (new — renumber) 



(2) The term "bycatch" means the incidental catch, take or harvest of: 



