regulations. On 27 July 1981, the District Court ruled 

 that, in the absence of statutory authority, such use of 

 observer-gathered information violated the Act and the 

 Fourth Amendment of the U.S. Constitution. The Court 

 enjoined the Government from using such information for 

 civil or criminal penalty proceedings, forfeiture actions, 

 permit or certificate sanctions, or any purpose except 

 scientific research. On 22 September 1981, the 

 Government appealed the District Court's decision to 

 the U.S. Court of Appeals for the Ninth Circuit and no 

 action had been taken by the Court of Appeals at the end 

 of 1982. In the interim, pending a decision on appeal, 

 the National Marine Fisheries Service has continued its 

 observer program for purposes of gathering scientific data 

 and monitoring porpoise mortality and serious injury but 

 no enforcement actions have been initiated based upon such 

 information gathered during 1982. 



Research Planning and Coordination 



As part of the continuing consultation between the 

 National Marine Fisheries Service and the Commission, 

 representatives of the Commission met with representatives 

 of the Service's Southwest Fisheries Center on 11-13 August 

 1982 to discuss the Center's plans for research relating 

 to the tuna-porpoise problem and other marine mammal issues, 



During the review, the following general points were 

 noted: 



(1) The primary objective of ongoing and planned 

 research is to provide the best possible 

 determinations of the status of affected porpoise 

 stocks by 1985 when regulations for 1986 and 

 beyond will be considered; 



(2) Although another comprehensive aerial survey 

 tentatively had been scheduled for early 1983, 

 funding was not provided and it has been cancelled; 

 consequently the next status of stocks determinations 

 necessarily will be based primarily on data from the 

 aerial survey conducted in early 1979 and from 

 shiboard surveys conducted before, during, and 

 since the 1979 aerial survey; 



(3) Determinations of the status of affected 

 porpoise stocks are scheduled to be completed 



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