97 



in the matter of sea otters, and the EWS has stated that sea otter take will be left 

 at zero. 



With respect to the MMPA incidental take program that will result from these 

 hearings, FSO believes that several guiding principles must be followed: 



1. rio incidental take of Southern sea otters should be authorized inconsistent 

 with existing law; 



2. The current purposes and policies of the MMPA must remain in place, includ- 

 ing the zero mortadity goal; 



3. A permit system based on the current mechanisms in he MMPA must be used 

 to authorize incidental take and drive MMPA recovery efforts for sea otters in Alas- 

 ka and other marine mammals; 



4. A conservative bias must be exercised in favor of Alaskan sea otters and other 

 marine mammals; 



5. The burden of proof for obtaining authorization for incidental take must be 

 placed on the fishing industry; 



6. Efforts should be made to work with the fishing industry to develop fishing 

 techniques and gear that will reduce incidental without undue burdens on the in- 

 dustry; and 



7. Finally, adequate observation, verification and reporting of incidental takes are 

 essential. There is no excuse for anything less than full and accurate reporting and 

 cooperation with verification efforts by all those involved in incidental take. 



FSO is now participating in the negotiations between the environmental commu- 

 nity and the fishing industry over the development of an appropriate program to 

 govern incidental take of marine mammals. We are now actively involved in all 

 meetings and communications, and signed on to the final consensus document. The 

 negotiated proposal reflects our commitment to working with all interested parties 

 to identify and address those areas of resource conflict that affect sea otters or their 

 habitat. The negotiated proposal is well-founded and robust, from both scientific and 

 management perspectives, and upholds the intent and purpose of the MMPA with 

 respect to sea otters. Sea otters in both California and Alaska will be oflered all the 

 same protections they have been offered in the past. FSO's position in these negotia- 

 tions was guided by the general principles set forth in this testimony and our pre- 

 vious submissions to the federal agencies during the section 114 public review proce- 

 dures. 



For many years, sea otters in California and Alaska have been seriously affected 

 by incidental take. FSO hopes that the lessons learned as a result of the sea otter's 

 experience will find application in the effort to protect other marine mammals. 



Thank you for considering our views. FSO supports a strong MMPA. We look for- 

 ward to working with this Subcommittee during the 1993 reauthorization, and in 

 the future, to advance the MMPA's purposes and policies. 



letter from sam marlen, director, fish and wildlife service 



December 2, 1991. 

 Dr. Gregory K. Silber, 

 Friends of the Sea Otter, 

 Carmel. CA 93922 



Dear Dr. Silber: Thank you for your October 9 letter requesting the Fish and 

 Wildlife Service take special, ejcpedited measures to participate in the review being 

 conducted by the National Marine Fisheries Service (NMFS) to develop rec- 

 ommendations to Congress regarding incidental taking of marine mammals by com- 

 mercial fisheries. 



The Fish and Wildlife Service (Service) has been informed by NMFS staff that an 

 interim document soon will be distributed to numerous interested parties, including 

 Friends of the Sea Otter. The document is intended to clarify misconceptions and 

 other aspects of the Draft Legislative Environmental Impact Statement (DLEIS) 

 and proposed regime. I understand that comments will be accepted. Service biolo- 

 gists will continue meeting with NMFS to ensure that the proposed regime does not 

 compromise the Service's position that no incidental taking should be allowed for 

 Califomian sea otters and manatees. 



I appreciate your efforts and support throughout this program review. If I can be 

 of any further assistance, please let me know. 

 Sincerely, 



Sam Marlen, 



Director. 



