HOUSE BILL REPORT

HJM 4031

BYRepresentatives Haugen, Hargrove, Basich, S. Wilson, Bumgarner, Zellinsky and Rasmussen

Petitioning Congress to revise the Marine Mammal Protection Act.

House Committe on Natural Resources

Majority Report:  Do pass with amendment.  (11)

      Signed by Representatives Basich, Beck, Bumgarner, Butterfield, Dorn, Fuhrman, Haugen, Sayan, Schmidt, C. Smith and S. Wilson.

Minority Report:  Do not pass.  (4)

      Signed by Representatives Sutherland, Chair; K. Wilson, Vice Chair; Belcher and Spanel.

House Staff:Robert Butts (786-7841)

AS REPORTED BY COMMITTEE ON NATURAL RESOURCES FEBRUARY 4, 1988

BACKGROUND:

In response to concerns regarding the health of certain marine mammal populations, in 1972 the U.S. Congress passed the Marine Mammal Protection Act (MMPA).  Prior to the Act, there were few restrictions on the killing of marine mammals.  Under the Act, marine mammals can be taken only under very limited circumstances.

Since the Marine Mammal Protection Act was enacted, California sea lion and harbor seal populations have grown considerably. Scientists estimate that there were 100 California seal lions in Washington waters in 1979.  Since then, the population has grown to 1,000 winter residents, and 4,000 to 5,000 migrate each year through state waters to British Columbia.  Scientists estimate that Washington's harbor seal population has risen from 1,350 in 1968, to approximately 13,500 - 17,000 in 1987.

These increasing populations have resulted in greater competition between man and marine mammals for the state's fishery resources. The most notable example is "Hershel."  The Department of Wildlife estimates that "Hershel" and other sea lions at the Ballard Locks caught 40 percent of the wild steelhead run in 1986.  According to the Department of Fisheries, other fisheries with intense competition between fishermen and marine mammals are the hake fishery in Port Susan and salmon gill net fisheries in various state waters.

Under a general permit that expires on December 31, 1988, fishermen are allowed in some cases to use lethal measures to take nuisance animals:  government fish and wildlife management agencies are not unless a finding has been made that the species has reached an "optimum sustainable population" level (OSP).  Due to the lack of biological data, it is often difficult to make an OSP determination.  Government agencies also are prohibited from implementing management programs designed to reduce adverse marine mammal/fishery interactions unless an OSP determination has been made.

The MMPA also transferred primary responsibility for marine mammals from states to the federal government, although states can regain management if they develop a program that is consistent with the federal act.  Due to the high cost of administering the program compared with the small potential benefits, there is little incentive for states to regain management authority.  Cooperative joint state/federal programs management are not provided for in the Act.

SUMMARY:

MEMORIAL AS AMENDED:  The Washington Legislature requests that the U.S. Congress amend the Marine Mammal Protection Act to:  (1) allow state and federal agencies to take nuisance marine mammals; (2) extend the current general permit that allows the incidental take of marine mammals by fishermen; (3) provide for the option of cooperative state/federal programs; and (4) increase federal funding for state marine mammal research programs.

AMENDED MEMORIAL COMPARED TO ORIGINAL:  Removes the provision asking that government agencies be allowed to take marine mammals if the taking is in accordance with management plans and the Endangered Species Act.  Adds a provision urging the federal government to extend the current general permit that allows the incidental take of marine mammals by fishermen.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Ed Manary, Department of Fisheries; Rich Poelker, Department of Wildlife; Toimi Maki, Grays Harbor Gillnetters Association; Steve Arbaugh, Puget Sound Gillnetters Association; Will Sandoval, Muckleshoot Indian Tribe; and Ron Holtcamp, Olympia Chapter, Trout Unlimited.

House Committee - Testified Against:      Alan Reichman, Greenpeace; Ben Deeble, Sierra Club; Athena McEntyre, Protect Our Waters, Environment, and Resources; Sandra Schaad, Citizens Against Scapegoating Sealions; Paul Wisemen, Mountaineers Club; Vivia Boe, NARN and Humane Society of the U.S.; Catherine Allison, citizen.

House Committee - Testimony For:    The growing populations of seals and California seal lions are reducing the number of salmon, steelhead, and other marine fish available for fishermen and escapement, and are resulting in increasing conflicts with fishing gear.  The problem is especially serious at the Ballard Locks, near fish hatcheries, and with gill net fisheries.  Amending the Act as requested in this memorial will not result in the wholesale slaughter of marine mammals.  These amendments are necessary for the proper management of the state's marine resources.

House Committee - Testimony Against:      This bill represents the views of only the fishing industry; it does not recognize the value that tourists and residents place on seeing marine mammals.  The memorial calls for major changes in the Marine Mammal Protection Act to take care of a specific problem at the Ballard Locks.  The locks and hatcheries create unnatural situations in which salmon and steelhead are easy prey. In natural situations, studies have shown that seals and sea lions eat primarily bottom fish, not salmon.