SENATE BILL REPORT

SJM 8018

BYSenators Metcalf, Owen, Conner, DeJarnatt, Garrett and Rasmussen

Requesting protection for steelhead and salmon from marine mammals.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):January 12, 1988; January 26, 1988

Majority Report:  That Substitute Senate Joint Memorial No. 8018 be substituted therefor, and the substitute memorial do pass.

      Signed by Senators Metcalf, Chairman; Smith, Vice Chairman; Barr, Benitz, DeJarnatt, Owen, Patterson.

Senate Staff:Kaleen Cottingham (786-7415)

                  January 26, 1988

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, JANUARY 26, 1988

BACKGROUND:

Marine mammals, particularly seals and sea lions, cause substantial damage to anadromous fish runs and to fishing gear.  In the early 1900's, limiting this damage by controlling population size became the overriding management philosophy.  Both seals and sea lions were classified as predatory wildlife by the state and subject to capture and harassment until the 1970's.  Bounties were paid in Washington from the 1920's to 1960.  These programs caused a notable decline in the populations of seals and sea lions.

Because of public concern with the conservation of marine mammals, the State of Washington passed legislation protecting marine mammals in 1970, and in 1972 the Congress enacted the Marine Mammal Protection Act.  Among other things, the Marine Mammal Protection Act established sanctions against the taking or harassment of marine mammals and removed all marine mammal management authority from the states.  The federal law does, however, allow for waivers and provisions for the return of state management, subject to federal approval.

As a result of this federal protection, marine mammal populations, especially seals and sea lions, have dramatically increased causing severe resource damage.  Most notable in Washington is the "Herschel" sea lion situation at the fish ladder at the Ballard locks.

Congress is currently evaluating whether to reauthorize the Marine Mammal Protection Act.

SUMMARY:

This resolution asks Congress to make changes to the Marine Mammal Protection Act to recognize the damage caused by certain marine mammals to anadromous fish runs.  Congress is asked to give the states a more active role in the management of marine mammals.

EFFECT OF PROPOSED SUBSTITUTE:

Congress is asked to establish a system in which NOAA, in cooperation with the state, can address and resolve marine mammal predation problems through non-lethal means.

If such non-lethal means prove ineffective, Congress is asked to provide NOAA the ability to utilize lethal removal of individual predators.

Congress is asked to fund the marine mammal laboratory and NOAA to conduct necessary research.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Alan Reichman, Greenpeace; Greg Wingard, Earth Firster³ Athena McEntyre, POWER; Rich Poelker, Department of Wildlife; Ed Manary, Department of Fisheries; Steve Arbaugh, PSGA; Katharine Bauer, WEC; Tom Nelson, Puget Sound Anglers