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 198 6, 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 unacceptably 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 are 

 expected to be published early in 1987. In 1987, all nations 

 exporting tuna to the U.S. will be required to demonstrate 

 compliance with the U.S. program. 



With specific reference to the Mexican tuna fishery, the 

 Commission recommended that the regulations should be imple- 

 mented as soon as possible and that Mexico's program should 

 be reviewed immediately under those standards to assess 

 compliance with the requirements of the 1984 amendments. 



Regulatory Amendments 



As noted earlier, in 1984 Congress reauthorized and 

 amended the Marine Mammal Protection Act. In addition to 

 making the foreign nation compliance requirements more strin- 

 gent. Congress extended indefinitely the general permit 

 issued to the American Tunaboat Association in 1980 to inci- 

 dentally take marine mammals in the course of purse seine 

 fishing for tuna. The amendments also authorized the 

 Secretary of Commerce to make appropriate adjustments to the 

 permit terms and conditions that are set forth in the tuna- 

 porpoise regulations and pertain to fishing gear, fishing 

 practice requirements, and permit administration. Based on 

 the legislative history, it is clear that the Congressional 

 intent was that it would be appropriate for the Secretary to 

 change a number of regulations and permit requirements to 

 guidelines, provided that those changes further the goals of 

 the Act. 



On 2 May 1985, the National Marine Fisheries Service 

 published in the Federal Register proposed amendments to the 



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