implementing the 1984 amendments and a continued high mortality 

 of porpoise incidental to foreign tuna fishing operations 

 made it likely that the tuna/porpoise provisions of the Act 

 would again be at issue. 



These and other issues were considered by the Congress 

 in the course of hearings on reauthorization of the Act during 

 1988. In response to the Kokechik decision and in anticipation 

 of the need to amend the incidental take provisions of the 

 Act, representatives of the U.S. fishing industry and the 

 environmental community began meeting late in 1987 to formulate 

 a joint legislative proposal. After lengthy negotiations, 

 the coalition presented a proposal that included: a limited 

 exemption to the Act's moratorium on taking, allowing taking 

 incidental to commercial fisheries for a three-year period; 

 limitations on the take of North Pacific fur seals and Steller 

 sea lions; an industry-wide education program; an enhanced 

 reporting program; a verification system with limited observer 

 placement; a new data analysis system; and procedures for 

 reviewing the status of affected marine mammal populations. 

 The joint agreement formed the basis for several of the provi- 

 sions of the interim exemption ultimately adopted by Congress. 



The Senate Committee on Commerce, Science, and Transpor- 

 tation held a hearing on 13 April 1988, focusing on the 

 incidental take of porpoise by tuna fishermen in the eastern 

 tropical Pacific Ocean. The Committee held a second hearing 

 on 19 May 1988, primarily to examine the joint fisheries/ 

 environmental proposal discussed above. In the House of 

 Representatives, the Subcommittee on Fisheries and Wildlife 

 Conservation and the Environment of the Committee on Merchant 

 Marine and Fisheries held an initial hearing on 10 May 1988. 

 Issues discussed included: incidental take permits and 

 exemptions from the taking prohibition for commercial fishermen, 

 including a discussion of the joint fishing industry/environ- 

 mental community agreement; the need to reduce porpoise 

 mortality in the tuna fishery; and provisions of the Act 

 relating to scientific research and public display permits. 

 A subsequent hearing was convened by the Subcommittee on 

 8 September 1988 to review proposed amendments designed to 

 reduce the mortality of porpoise in the course of yellowfin 

 tuna purse seine fishing, including a proposal to phase out 

 fishing for tuna by setting on porpoise by the U.S. fleet. 

 Representatives of the Commission presented testimony during 

 and participated in all four hearings. 



In the House of Representatives, a bill, H.R. 4189, was 

 introduced on 16 March 1988 to reauthorize the Marine Mammal 

 Protection Act at existing funding levels for a five-year 

 period. A substitute bill was considered by the Subcommittee 

 on Fisheries and Wildlife Conservation and the Environment on 

 14 September 1988 and was reported out by the Committee on 



8 



