The Tuna-Porpoise Program 



Changes to the legislative 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 in 1988. 

 Under regulations published in the 6 January 1989 Federal 

 Register . U.S. tuna fishermen must complete the process of 

 backdown to remove porpoise from the net no later than 30 minutes 

 after sundown. The 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. They direct 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. 



The amendments also 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. 



New requirements were also placed on foreign nations seeking 

 to import yellowfin tuna into the United States. In order for a 

 foreign tuna/porpoise program to be found comparable to that of 

 the United States, it must include: (1) by the beginning of the 

 1990 fishing season, prohibitions on encircling pure schools of 

 marine mammals, conducting sundown sets, and such other activi- 

 ties as are applicable to U.S. vessels; (2) monitoring by 

 observers from the Inter-American Tropical Tuna Commission or an 

 equivalent international program; and (3) observer coverage equal 

 to that for U.S. vessels unless an alternative observer program 

 with lesser coverage is determined to provide sufficiently 

 reliable documentary evidence of the nation's incidental take 

 rate. 



In addition, the average incidental take rate for a foreign 

 fleet must be no more than twice that of the U.S. fleet during 



