to use some, but not all, of the porpoise-saving devices and 

 techniques used by the U.S. fleet. No further action was 

 taken in 1986 or 1987 with respect to the certification of 

 Mexico. 



On 13 August 1986 the Service published in the Federal 

 Register proposed regulations to implement the foreign nation 

 reporting and certification requirements of the 1984 amend- 

 ments. The proposed regulations call for a performance-based 

 approach that requires a showing that the foreign nation's 

 regulatory program is comparable to that of the U.S. and that 

 reliable data indicate that the level of take in the foreign 

 fleet is comparable to that of the U.S. fleet. The proposed 

 regulations state that a comparable level of take would be 

 one that is not more than 50 percent higher than the U.S. 

 level. For each nation that is certified as satisfying U.S. 

 standards, an annual review would be conducted to assess 

 whether the program remains in compliance. 



By letter of 14 November 1986, the Commission advised 

 the Service that it supported the adoption of the proposed 

 regulations, subject to certain modifications. In its letter, 

 the Commission recommended that the regulations specify that 

 the only method of monitoring take levels that would be in 

 compliance with U.S. standards is one that is based on observer 

 data. The Commission also expressed its view that a level of 

 take that is 50 percent higher than that of the U.S. is unac- 

 ceptably high and does not satisfy the requirements of the 

 1984 amendments that the level of take be comparable to that 

 of the U.S. fleet. Final regulations were expected to be 

 published early in 1987. 



Because of comments received on the proposed rule, however, 

 several modifications and clarifications were being incorporated 

 before issuance of the final regulations. Publication of the 

 final rule was further delayed to accommodate consultations 

 between the National Marine Fisheries Service and the Inter- 

 American Tropical Tuna Commission seeking to devise a system 

 that would provide reliable data upon which to make comparisons 

 between the U.S. and foreign fleets. The Commission worked 

 closely with the Service during 1987 on various drafts of the 

 final regulations and, by letter of 29 December 1987, recom- 

 mended to the Service that the regulations, with certain 

 modifications, be promptly adopted. Among the modifications 

 recommended by the Commission were that: (a) the comparability 

 of foreign and domestic kill rates reflect the variability 

 found in the U.S. kill rate and the number of vessels in the 

 foreign fleet; (b) the Service fully explain why the standards 

 it eventually adopts for foreign nations are considered to be 

 comparable; (c) the comparison of porpoise kill rates between 

 U.S. and foreign fleets begin in 1988 and that full compara- 

 bility be required in 1989; (d) mortality data be provided by 



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