U.S. observers. Among other things, the former observers 

 alleged that: vessel captains and crews harassed, threatened, 

 and coerced them in efforts to force the reporting of lower 

 than observed mortality figures; mortality in sundown sets is 

 seriously underestimated due to difficultly in viewing the 

 backdown area during such sets; animals with fatal injuries 

 were counted as "released alive" if they showed any sign of 

 life and were not included in mortality estimates; and vessels 

 do not always use prescribed dolphin-saving gear and technigues 

 when observers are not present. 



On 17 June 1988, the Commission wrote to the National 

 Marine Fisheries Service recommending that these allegations 

 be investigated. The Commission further recommended that the 

 Service: arrange for independent interviews with observers 

 to assess the prevalence and types of coercion and intimidation 

 which occur; publicize the fact that regulations make it 

 illegal to interfere with the performance of an observer's 

 duties; restrict a captain's access to observer logs and data 

 sheets; determine whether reported mortality figures for 

 sundown sets are accurate; re-evaluate the methods used to 

 estimate mortalities and injuries, particularly with respect 

 to the reporting of seriously injured animals; and re-evaluate 

 the need for 100 percent observer coverage as a means of 

 ensuring use of porpoise-saving gear and technigues. The 

 Commission, on 8 December 1988, sent a second letter to the 

 Service seeking a response to the allegations made by the 

 former observers in their affidavits. The Service had yet to 

 reply at year's end. 



Foreign Nation Compliance Programs 



During the 1984 reauthorization hearings on the Marine 

 Mammal Protection Act, concern was expressed by the Commission, 

 the National Marine Fisheries Service, the tuna industry, and 

 the environmental community that progress realized by the 

 U.S. fleet in reducing incidental porpoise mortality was 

 being offset by the high kill rates of foreign fleets. It 

 was believed that, if further progress were to be made in 

 achieving the Act's goal of reducing incidental mortality to 

 insignificant levels approaching zero, foreign fleets would 

 have to comply with porpoise saving regulations similar to 

 those applicable to the U.S. fleet. As a result, Congress 

 amended the Act to reguire that each nation exporting tuna to 

 this country provide documentary evidence that it has adopted 

 a program to regulate the incidental take of marine mammals 

 that is comparable to that of the U.S. and that the average 

 rate of incidental take by its fleet is comparable to that of 

 the U.S. fleet. Failure to meet these reguirements would result 

 in a ban on the import of tuna and tuna products from the 

 nation involved. 



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