Status Reviews and Conservation Plans 



A new section 115 sets forth procedures under which 

 status reviews of marine mammal populations are to be conducted. 

 The amendments authorize interested persons to petition the 

 appropriate Service to undertake a review, specify that status 

 determinations are to be made by rulemaking, and establish 

 time limits for completing each step of the review. In ad- 

 dition, the Services are directed to prepare conservation 

 plans as soon as possible for all depleted species or stocks 

 unless the Service determines that such a plan will not promote 

 the conservation of the species or stock. The National Marine 

 Fisheries Service is specifically reguired to complete conser- 

 vation plans for the North Pacific fur seal by 31 December 

 1989 and for the Steller sea lion by 31 December 1990. 



The Tuna-Porpoise Program 



Changes to the program governing the take of marine 

 mammals by the U.S. tuna fishery and the importation of 

 yellowfin tuna taken by foreign fleets were enacted. Under 

 regulations to be published by 1 January 1989, U.S. tuna 

 fishermen must complete the process of backdown to remove 

 porpoise from the net no later than 30 minutes after sundown. 

 This restriction on sundown sets may be waived for individual 

 certificate holders who, based on observer reports, have 

 attained an incidental take rate for sundown sets that is no 

 higher than the average daytime take rate for the fleet as a 

 whole. The amendments also require the placement of an observer 

 on every fishing trip made by U.S. vessels during 1989 and 

 subsequent fishing seasons unless, for reasons beyond the 

 control of the Secretary, an observer is not available. The 

 100 percent observer requirement may be waived after the 1991 

 fishing season if it is determined that a less extensive 

 observer program will yield sufficiently reliable information. 

 Further, the amendments prohibit the use of explosives other 

 than Class C pest control devices in the commercial yellowfin 

 tuna fishery. The Secretary is directed to regulate the use 

 of Class C explosives by 1 April 1990 based on a study to 

 determine if such devices result in physical impairment or 

 increased mortality of marine mammals. In addition, the 

 amendments direct the Secretary to develop and implement, by 

 the beginning of the 1990 fishing season, a system of 

 performance standards designed to maintain the diligence and 

 proficiency of certificate holders. Those skippers whose 

 incidental marine mammal mortality rate is consistently and 

 substantially higher than the average rate for the fleet will 

 be subject to supplemental training; continued poor performance 

 may result in suspension or revocation of a certificate of 

 inclusion. 



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