[Congressional Record (Bound Edition), Volume 153 (2007), Part 3]
[Extensions of Remarks]
[Page 3921]
[From the U.S. Government Publishing Office, www.gpo.gov]




   INTRODUCTION OF A BILL TO AMEND THE MARINE MAMMAL PROTECTION ACT: 
                            FEBRUARY 1, 2007

                                 ______
                                 

                             HON. DON YOUNG

                               of alaska

                    in the house of representatives

                       Tuesday, February 13, 2007

  Mr. YOUNG of Alaska. Madam Speaker, I am introducing legislation to 
amend the Marine Mammal Protection Act, MMPA, to remove the requirement 
in the act for commercial fisheries ``to further reduce the incidental 
mortality and serious injury of marine mammals to an insignificant 
level approaching a zero mortality and serious injury rate,'' which is 
commonly referred to as the ``Zero Mortality Rate Goal.''
  Congress enacted the MMPA in 1972, in part, to address the high 
mortality rate of marine mammals occurring in the yellowfin tuna purse 
seine fishery in the eastern tropical Pacific Ocean. In response to 
these high mortality levels, Congress created a zero mortality rate 
goal for this fishery. At the time, Congress was very specific in how 
this goal should be applied to the fishery. The goal was not to shut 
down fisheries, but reduce the incidental mortality and serious injury 
rate of marine mammals. In this case, once the Secretary of Commerce 
was satisfied that the tuna fishermen were using the best available 
technology to assure minimal hazards to marine mammal populations, the 
goal of a reduced mortality rate was met. This standard also allowed 
the Secretary to take into account the economic and technological 
practicability of the best available technology.
  In the 1980s, Congress reaffirmed the intent of zero mortality rate 
goal. Congress recognized the progress made by the purse seine fishery 
to reduce its mortality rates and maintained the technology standard 
for this fishery. The 1981 House Report stated zero mortality rate goal 
``is satisfied . . . by a continuation of the application of the best 
marine mammal safety techniques and equipment that are economically and 
technologically practicable.''
  It wasn't until the 1990s that Congress applied dolphin mortality 
limits to the yellowfin tuna purse seine fishery. These limits were 
based on the International Dolphin Conservation Act of 1992 and the 
International Dolphin Conservation Program Act of 1997. It is important 
to note that the mortality limits established in the 1992 act were 
based on reductions that could be achieved by the gear currently being 
used in the fishery.
  For other fisheries, Congress maintained the zero mortality rate goal 
as a means to promote new technology to reduce the incidental taking of 
marine mammals. In the 1994 Marine Mammal Protection Act amendments, 
Congress created a new fishery regime which authorized limited 
incidental takes of marine mammals in commercial fisheries and retained 
the economic and technological practicability finding. In section 118, 
which guides the take reduction plan process, it specifically states 
``The long-term goal of the plan shall be to reduce, within 5 years of 
its implementation, the incidental mortality or serious injury of 
marine mammals incidentally taken in the course of commercial fishing 
operations to insignificant levels approaching a zero mortality and 
serious injury rate, taking into account the economics of the fishery, 
the availability of existing technology and existing state or regional 
fishery management plans.''
  In 2002, the National Marine Fisheries Service, NMFS, was sued by a 
number of environmental groups for not complying with the requirements 
of section 118, and as part of the settlement NMFS was required to 
define the zero mortality rate goal. NMFS established a threshold level 
for mortality and serious injury that would meet this requirement. NMFS 
defined an Insignificance Threshold in regulations and estimated this 
threshold level as 10 percent of the ``Potential Biological Removal 
(PBR) level.''
  The MMPA has a number of guiding principles to assist in the 
protection of marine mammals. The overall goal of the Act is to 
maintain or restore marine mammal populations to their Optimum 
Sustainable Population. Another is the potential biological removal 
level, PBR, for a marine mammal stock which is defined as the ``maximum 
number of animals, not including natural mortalities, that may be 
removed from a marine mammal stock while allowing that stock to reach 
or maintain its optimum sustainable population.'' When calculating PBR 
the agency takes into account all activities with incidental mortality 
and serious injury of marine mammals. However, the fishing industry is 
the only industry required to take on the burden of reducing the 
incidental mortality and serious injury of marine mammals through a 
take reduction team process.
  Commercial fisherman do not want to kill marine mammals. They want to 
harvest fish. Fisherman have been willing participants and in some 
cases leaders in the research and development of gear to reduce 
interactions with marine mammals. In addition, the take reduction team 
process, with the help of commercial fishermen, has been successful in 
reducing interactions between fisheries and marine mammals. However, I 
believe the requirement for commercial fisheries to reduce their level 
of interactions with marine mammals to a level of 10 percent of PBR is 
overly burdensome.
  For that reason, I am proposing this legislation which will remove 
the zero mortality rate goal from the act. It will retain the 
requirement for commercial vessel owners or operators to report all 
incidental mortality and injury of marine mammals during the course of 
a commercial fishery. Fisheries will continue to be listed as category 
I, II, or III based on the level of marine mammal mortality and injury 
occurring in the fishery. The Secretary will still be required to 
establish take reduction teams and develop take reduction plans to 
reduce the level of marine mammal mortality and serious injury to 
levels below PBR in commercial fisheries around the Nation.
  This is common sense conservation legislation that should be enacted 
by this Congress.

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