northern offshore spotted population and other species 
involved is higher than the 50-70 percent of initial population 
size that had been utilized previously and that it should be 
considered to be between 65 and 80 percent of initial population 
size, as suggested by the Workshop Report; the best available 
scientific information indicated that the current size of 
the northern offshore spotted population was below the mid- 
point (72.5 percent) of the estimated lower bound of the 
optimum sustainable population level; a number of assumptions 
involved in the analyses were amenable to alternative 
analyses which suggested that the northern offshore spotted 
population may be even more depleted than had been estimated; 
and that the prudent course of action, in light of the 
available information and provisions of the Act as they have 
been interpreted by the courts, was to prohibit intentional 
setting on northern offshore spotted porpoise. 
The administrative law judge issued his recommended 
decision on 18 July 1980. Although the decision addressed 
most of the issues raised during the course of the hearings, 
it did not reach a conclusion as to the status of the northern 
offshore spotted population or other affected species nor on 
the values for density and species proportions to be utilized 
in determining the status of those populations, and it made 
no recommendations for stock-by-stock quotas to be established 
if the northern offshore spotted population were found to be 
non-depleted. The decision did, however, find, among other 
things, that the proposal to consider 65 to 80 percent as 
the maximum net productivity level was not adequately supported 
and that the 50 to 70 percent level used in previous proceedings 
should be retained, in light of the significant adverse 
impacts of such a change on the tuna industry and that tuna 
vessel data should be used in estimating mean school size. 
The decision also recommended adoption of certain proposed 
amendments of the regulations regarding fishing techniques 
and practices including a ban on "sundown sets" which are 
commenced within one and one-half hours before sunset and 
were found to result in unduly high porpoise mortality. The 
Commission submitted exceptions to the recommended decision 
on 8 August 1980 recommending that the Administrator of the 
National Oceanic and Atmospheric Administration not adopt 
the findings of the administrative law judge concerning the 
maximum net productivity level, the use of tuna vessel data, 
and certain other values and that the Administrator adopt 
the proposed regulations as modified and supplemented by 
those aspects of the recommended decision to which the 
Commission did not take exception. 
