The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“GOOD SAMARITAN EXEMPTION” mentioning the U.S. Dept. of Commerce was published in the Senate section on pages S4914-S4915 on May 21, 1997.
The publication is reproduced in full below:
GOOD SAMARITAN EXEMPTION
Ms. SNOWE. Mr. President, I am pleased to report that we have made progress in our efforts to protect Atlantic large whales. As you may recall, on May 8th of this year, several of my colleagues joined with me in introducing the ``Good Samaritan Exemption'' to the Marine Mammal Protection Act. The Good Samaritan Exemption provides that the disentanglement of a marine mammal from fishing gear does not violate the ``take'' provisions of the MMPA. We were able to have the exemption accepted as an amendment to S. 672, and, due to the broad support for this noncontroversial amendment, I am hopeful that it will be included in the conference report.
However, during the drafting of the amendment a concern emerged that this exemption alone would not provide full protection for citizens involved in whale disentanglement efforts. On May 20th, I was notified by the administration that the necessary steps will be taken to ensure that fishermen and others who act as Good Samaritans will not be subject to prosecution under the nation's environmental statutes. I would ask to have printed in the Record a letter from Dr. D. James Baker, Under Secretary for Oceans and Atmospheres, which addresses this issue.
I am pleased that the administration was able to provide this assurance so that fishermen acting as Good Samaritans will not be treated unfairly by our laws. With this commitment from the administration, whale disentanglement efforts will be able to expand, improving the welfare and survival of these marine mammal populations.
The letter follows:
U.S. Department of Commerce,
The Under Secretary for Oceans and Atmosphere,
Washington, DC, May 20, 1997.Hon. Olympia J. Snowe,U.S. Senate,Washington, DC.
Dear Senator Snowe: I am aware of the recent proposals to amend the Marine Mammal Protection Act (MMPA) with a so-called ``Good Samaritan'' exemption, to allow the taking of a marine mammal if the taking is necessary to avoid injury or death to an animal entangled in fishing gear or debris.
I am also aware that such a taking could be a violation of the Endangered Species Act (ESA), if the animal is listed as endangered or threatened under that statute. The National Oceanic and Atmospheric Administration (NOAA) believes that Section 10(a)(1)(A) of the Endangered Species Act authorizes the Secretary to permit the taking of an endangered marine mammal in accordance with the conditions contained in the Snowe-Kerry ``Good Samaritan'' amendment. I am writing to you to express the commitment of NOAA to take the most appropriate administrative action under Section 10(a)(1)(A) of the ESA, to allow a ``Good Samaritan'' taking of an entangled marine mammal in the circumstances specified in the proposed MMPA amendment, specifically with regard to large whales.
Thank you for your efforts to rationalize interactions between the fishing industry and marine mammals.
Sincerely,D. James Baker.
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