Other Requirements — The 1988 amendments of the Marine 

 Mammal Protection Act also require the Service to: (1) establish 

 procedures for permitting experimental fishing operations to test 

 gear or methods that might reduce the mortality or injury of 

 marine mammals; (2) prohibit the use of explosives other than 

 Class C pest control devices in the U.S. tuna fishery; 

 (3) undertake a study to determine if the use of Class C 

 explosives results in physical impairment or increased mortality 

 of marine mammals and, based on the results, regulate their use 

 by 1 April 1990; and (4) contract with the National Academy of 

 Sciences for an assessment, to be completed by 8 September 1989, 

 of alternative fishing methods that do not involve the incidental 

 take of marine mammals. 



Regarding some of these requirements, the interim final rule 

 on sundown sets published on 6 January 1989 also implemented 

 procedures for granting experimental fishing permits and pro- 

 hibited the use of explosives other than Class C devices. A 

 study of the effects of Class C explosives on porpoise also has 

 been undertaken by the Service. As part of the study, the 

 Service is observing the explosives in use, estimating the 

 numbers of porpoise exposed to explosives, and analyzing whether 

 the devices cause temporary or permanent hearing damage, other 

 physical injury, or social disruption to porpoise. A preliminary 

 analysis has been completed and a workshop to evaluate the 

 results was held on 27-29 November 1989. The Service expects to 

 complete its review and have the required regulations in place by 

 the 1 April 1990 deadline. 



With respect to the mandated assessment of alternative 

 fishing methods, the National Marine Fisheries Service held a 

 workshop on 11-12 October 1988 to assist in developing terms of 

 reference for the National Academy of Sciences study. A contract 

 for the study was concluded in September 1989, and the Academy 

 has constituted a panel to carry out the assessment. The first 

 meeting of the panel was held 4-5 December 1989 and a second 

 meeting was scheduled for early February 1990. 



Foreign Programs 



Comparability of Programs — During reauthorization hearings 

 on the Marine Mammal Protection Act in 1984, the Commission, the 

 National Marine Fisheries Service, the tuna industry, and the 

 environmental community expressed concern that progress realized 

 by the U.S. fleet in reducing incidental porpoise mortality was 

 being offset by the high kill rates of foreign fleets. It was 

 believed that, if further progress were to be made in achieving 

 the Act's goal of reducing incidental mortality to insignificant 

 levels approaching zero, foreign fleets would have to comply with 

 porpoise saving regulations similar to those applicable to the 

 U.S. fleet. Therefore, Congress amended the Act to require that 

 each nation exporting tuna to this country provide documentary 



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