Chapter HI — Marine Mammal-Fisheries Interactions 



may be warranted. On 18 December 1991, the 

 Service published a notice that the petitions concern- 

 ing the northern offshore spotted dolphin also present- 

 ed substantial information indicating that the petitioned 

 actions may be warranted. Public comment on all 

 four petitions was invited. The Commission expects 

 to comment on the proposals early in 1992. 



On 28 October 1991, Earth Island Institute wrote 

 to the Secretary of Commerce seeking to have the 

 U.S. quota for incidental dolphin mortality reduced to 

 zero. In its letter, Earth Island Institute maintained 

 that the success of U.S. purse seiners that were 

 catching only "dolphin safe" tuna had demonstrated 

 that it was economically and technologically feasible 

 to fish for tuna without setting on dolphin. The letter 

 also noted that the current level of incidental taking 

 was adversely affecting the eastern spinner dolphin 

 stock and should be reduced. The Service had not yet 

 responded to the letter at the end of 1991. 



Inter-American Tropical Tuna Commission 



The Inter-American Tropical Tuna Commission is 

 an international body established in 1949 to study the 

 tuna resources of the eastern Pacific Ocean and make 

 recommendations for the management and conserva- 

 tion of those resources. As the foreign share of the 

 purse seine fishery grew, and the associated marine 

 mammal mortality increased, die role of the Tuna 

 Commission was expanded. Beginning in 1977, the 

 Tuna Commission was charged with monitoring 

 incidental mortality of porpoises throughout the fish- 

 ery, assessing the impact of that mortality on porpoise 

 stocks, and introducing measures to reduce the level 

 of take to the maximum extent possible. 



At the Tuna Commission's 26-28 June 1990 annual 

 meeting, the United States proposed that the Conmiis- 

 sion's porpoise conservation program be expanded to 

 (1) enhance research into ways to avoid killing por- 

 poises incidental to purse seine operations; (2) provide 

 100 percent observer coverage on all tuna vessels in 

 the eastern tropical Pacific; and (3) include interna- 

 tional marine mammal quotas that would be progres- 

 sively reduced over time to levels as close to zero as 

 possible. The U.S. proposal was discussed in greater 

 detail at a special meeting of the Tuna Commission on 

 17-20 September 1990 in Costa Rica. During that 

 meeting, an intergovernmental meeting with partici- 



pants from all nations with a significant interest in the 

 fishery, whether members of the Commission or not, 

 was convened and a resolution calling for an expanded 

 porpoise conservation program was adopted. 



The nations participating in the intergovermnental 

 meeting agreed to establish an international program 

 to reduce dolphin mortality in the eastern tropical 

 Pacific tuna fishery. The program has a short-term 

 goal of significantly reducing dolphin mortality and a 

 long-term goal of reducing dolphin mortality to 

 insignificant levels approaching zero. Under the 

 agreement, these goals are not paramount, but are to 

 be pursued in concert with the goal of maintaining 

 optimal utilization and conservation of the tuna 

 resource. Among other things, the international 

 program calls for (1) limits on dolphin mortality; (2) 

 100 percent observer coverage; (3) research programs 

 to improve existing fishing gear and techniques and to 

 investigate possible alternative fishing methods that 

 may eliminate dolphin mortality; and (4) a training 

 program to improve operator performance throughout 

 the international fleet. 



The parties to the intergovernmental agreement 

 further agreed to convene a follow-up meeting by 

 February 1991 to elaborate on the technical and 

 economic aspects of the international program. That 

 meeting was held in La Jolla, California, on 16-18 

 January 1991. At that meeting, U.S. representatives 

 agreed to set forth requirements which, if met, would 

 allow a nation's tuna to be imported into the United 

 States. Noting that commitment, the parties to the 

 intergovernmental agreement expressed their willing- 

 ness to make their best efforts to: (1) achieve 100 

 percent observer coverage; (2) contribute to the 

 funding of the Inter-American Tropical Tuna Commis- 

 sion's observer program; (3) support research pro- 

 grams to identify and develop alternative fishing 

 techniques to catch large yellowfin tuna without 

 setting on dolphins; (4) reduce dolphin mortality in 

 1991 by 50 percent as compared with 1989; and (5) 

 continue to develop and implement a dolphin conser- 

 vation program in 1992 and subsequent years. 



Legislation 



Since enactment of amendments to the Marine 

 Mammal Protection Act in 1988, various legislative 

 proposals have been introduced that would modify 



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