MARINE MAMMAL COMMISSION — Annual Report for 1991 



Domestic Program — Several modifications to the 

 tuna-porpoise program for U.S. vessels were enacted 

 in 1988. To address the problem of higher dolphin 

 mortality in night sets, the 1988 amendments specified 

 that, effective 1 January 1989, U.S. tuna fishermen 

 setting on marine mammals must complete the process 

 of backdown to remove porpoises from the net no 

 later than 30 minutes after sundown. The restriction 

 on sundown sets may be waived for individual vessel 

 operators 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. No sundown sets were made by 

 U.S. tuna fishermen in 1991. 



The amendments also required 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 observ- 

 er program would yield sufficiently reliable informa- 

 tion. Full observer coverage was achieved for the 

 U.S. fleet in 1991. There are no plans to decrease 

 observer coverage in 1992. 



Further, the amendments prohibited the use of 

 explosives other than Class C pest control devices 

 (large firecrackers) in the yellowfin tuna fishery by 

 U.S. fishermen. They directed the Secretary 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. Inasmuch as the Service could not 

 determine that Class C explosives do not result in 

 injury, physical impairment, or increased mortality of 

 dolphins, the Service issued an interim final rule on 

 29 March 1990 to prohibit the use of all explosives 

 during sets on marine mammals. While the Service 

 had expected to publish a final rule to replace the 

 interim rule early in 1991, no such rule was published 

 in 1991. 



The amendments also directed 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 

 vessel operators. 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 revoca- 

 tion of a certificate of inclusion. The Service pub- 

 lished an interim final rule on 17 May 1990 establish- 

 ing operator performance standards. The Service 

 indicated in the preamble to the interim rule that it 

 would report on implementation of the performance 

 system during the first quarter of 1991 . Based on that 

 report, the Service planned to propose revised stan- 

 dards or replace the interim rule with a final rule. 

 Because of the changes to the U.S. tuna fishery in 

 1990, the report was never prepared and no final rule 

 has been published. 



In summary, all of the requirements of the 1988 

 amendments with respect to the U.S. tuna fleet have 

 been implemented. All that remains to be done is 

 issuing final rules to replace the interim rules now in 

 effect regarding vessel operator performance stan- 

 dards, sundown sets, experimental fishing permits, 

 and the use of explosive devices in the yellowfin tuna 

 fishery. 



National Academy of Sciences Study — The 1988 

 amendments also directed the Secretary of Commerce 

 to contract with the National Academy of Sciences for 

 an independent review of possible alternative tuna 

 fishing methods that do not involve the incidental take 

 of marine mammals. This review was to have been 

 completed by 8 September 1989 and the results 

 submitted to Congress by 5 December 1989, along 

 with the Service's proposed plan for researching, 

 developing, and implementing the identified alterna- 

 tives. 



Completion of the study is considerably behind 

 schedule. A contract for the study was not concluded 

 by the Service and the Academy until September 

 1989. Under the terms of that contract, the study was 

 to have been completed by 10 September 1990. 

 Repeated extensions of the performance period of the 

 contract have been reluctantly agreed to by the Ser- 

 vice, and the study had not yet been completed by the 

 end of 1991. 



Comparability of Foreign Programs — During 

 reauthorization hearings on the Marine Mammal 

 Protection Act in 1984, the Commission, the National 

 Marine Fisheries Service, the tuna industry, and the 



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