described: what would constitute a comparable observer program; 

 changes that would have to be made to foreign programs by the 

 beginning of 1990; and limitations on the allowable mortality of 

 eastern spinner and coastal spotted dolphins. A "permanent" 

 final rule was undergoing final review at the close of 1989 and 

 is expected to be published early in 1990. 



Intermediary Nations — The 1988 amendments also restrict 

 tuna imports from intermediary nations. Before exporting tuna to 

 the United States, each such nation must now provide reasonable 

 proof that it has prohibited the importation of tuna from any 

 nation prohibited from exporting tuna to the United States. In 

 addition, any fishing or intermediary nation that has been banned 

 from exporting tuna to the United States for a six-month period 

 must be certified under the Pelly Amendment to the Fishermen's 

 Protective Act. Pelly Amendment certification may result in a 

 ban on the importation of some or all fish products from the 

 offending nation. 



These requirements were implemented through new provisions 

 added in the 7 March 1989 interim rule. Under those regulations, 

 intermediary nations are not required to implement a ban on tuna 

 imports from a country embargoed by the United States if the 

 Service is satisfied that the intermediary nation imports tuna 

 products only from sources other than the embargoed country. To 

 date, no embargoes of intermediary nations have been necessary. 



Observer Programs — As noted above, the 1988 amendments 

 require that, before a foreign program may be found comparable to 

 that of the United States, the Secretary must determine that: 



"the rate of incidental taking of marine mammals of 

 the harvesting nation during the 1989 and subsequent 

 fishing seasons is monitored by the porpoise mortality 

 observer program of the Inter-American Tropical Tuna 

 Commission or an equivalent international program in 

 which the United States participates and is based upon 

 observer coverage that is equal to that achieved for 

 United States vessels during the same period, except 

 that the Secretary may approve an alternative observer 

 program if the Secretary determines . . . that such a ... 

 program will provide sufficiently reliable documentary 

 evidence of the average rate of incidental taking by a 

 harvesting nation. ..." 



Other amendments required the United States to implement 100 

 percent observer coverage beginning in 1989. 



On 10 May 1989, the National Marine Fisheries Service 

 published a notice proposing to find that 33 percent observer 

 coverage for all nations fishing for tuna in the eastern tropical 

 Pacific Ocean and participating in the Inter-American Tropical 



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