The primary threat to the recovery and conservation of marine mammals is bycatch in fishing gear, and along with commercial whaling, bycatch served as a major impetus for enacting the Marine Mammal Protection Act (MMPA) of 1972. The MMPA prohibits “take” of marine mammals, with limited exceptions relevant to U.S. commercial fishing operations, including aquaculture operations. These exceptions are paired with requirements to ensure the safety of marine mammals and to reduce bycatch.
In this presentation, we will discuss two exceptions to the take prohibition that are relevant to aquaculture operations. First, we will describe a provision in MMPA section 101 that allows aquaculture operators to deter marine mammals from damaging fishing gear, catch, and property, so long as the deterrence does not kill or seriously injure marine mammals. We will present NOAA Fisheries’ recently proposed guidelines for safely deterring marine mammals; these guidelines are intended to provide tools to specific users, including aquaculture operators, while also protecting these users from liability .
Second , we will describe the statutory and regulatory requirements for the lawful take of marine mammals incidental to commercial aquaculture operations to help inform the design and management of farms to minimize impact on these protected species. MMPA section 118 includes prescriptive goals to reduce bycatch and a framework for evaluating and mitigating mortalities and serious injuries of marine mammals incidental to commercial fisheries. These requirements include:
These provisions not only provide options for aquaculture operators to lawfully address negative interactions with marine mammals, but they also serve to focus efforts on reducing deaths and injuries incidental to aquaculture operations where and when needed .