Chapter IV — Marine Mammal-Fisheries Interactions 
tional 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 documentation of the nation’s 
incidental take rate. In addition, the average inciden- 
tal take rate for a foreign fleet could be no more than 
twice that of the U.S. fleet by the end of the 1989 
season and no more than 1.25 times the U.S. rate by 
the end of the 1990 and subsequent seasons. 
Limitations were also placed on the take of coastal 
spotted and eastern spinner dolphins. Beginning in 
1989, eastern spinner dolphins could not account for 
more than 15 percent of the nation’s total take and 
coastal spotted dolphins could not exceed 2 percent. 
Litigation concerning the Service’s interpretation of 
these requirements and resulting embargoes of yellow- 
fin tuna and tuna products are discussed in the previ- 
ous annual report. As noted in that discussion, the 
Service published an interim final rule on 8 October 
1991 setting forth a revised schedule for issuing 
comparability findings. Under that rule the period 
from 1 October to 30 September constitutes a fishing 
year for purposes of comparing foreign dolphin 
mortality rates with that of the U.S. fleet. As the Act 
requires, findings regarding the percentage take of 
eastern spinner and coastal spotted dolphins, continue 
to be made on a calendar year basis. As a result of 
the new schedule, U.S. dolphin mortality for 1991 
against which foreign performance was compared 
decreased from 2.53 to 1.89 dolphins per set. 
Before a foreign program may be found compara- 
ble to the U.S. program, the Secretary must determine 
that its tuna fishing operations are monitored by the 
Inter-American Tropical Tuna Commission observer 
program, or an equivalent international program in 
which the United States participates, and that observer 
coverage is equal to that for U.S. vessels. Since 
January 1989 the United States has achieved 100 
percent observer coverage. Under an exception to the 
general comparability requirement, however, foreign 
programs may have lesser observer coverage and still 
be found comparable if the Secretary determines that 
such a program will provide sufficiently reliable docu- 
mentary evidence of the average rate of incidental 
taking by the harvesting nation. 
103 
The National Marine Fisheries Service determined 
that, for 1990, 33 percent coverage would provide 
sufficiently reliable data for fleets of ten or more 
vessels but that 50 percent observer coverage was 
necessary for fleets consisting of five to nine vessels. 
Although the Service found these levels to be statisti- 
cally acceptable, it noted several benefits that would 
result from higher observer coverage and committed 
itself to seeking 100 percent coverage under the 
international observer program. 
At the 17-20 September 1990 meeting of the Inter- 
American Tropical Tuna Commission, the Service 
sought and obtained agreement that observer coverage 
should be increased to levels approaching 100 percent. 
Consistent with this international agreement, the 
Service, on 18 October 1990, proposed to accept 75 
percent observer coverage for all fleets in 1991 and 
90 percent coverage for the 1992 and subsequent 
fishing seasons. By notice of 8 January 1992 the 
Service indicated that the minimum acceptable observ- 
er coverage for fishing year 1992 (1 October 1991-30 
September 1992) would be 75 percent. To be found 
comparable to the U.S. program, foreign fleets must 
achieve 100 percent observer coverage during 1993 
and subsequent fishing seasons. 
Information on observer coverage provided by the 
Inter-American Tropical Tuna Commission since 1987 
for the five major foreign fleets operating in the 
eastern tropical Pacific is provided in Table 10. With 
the exception of Mexico, these nations all attained or 
approached 100 percent observer coverage under the 
Tuna Commission program. However, in addition to 
participating in that program, Mexico, with assistance 
from the National Marine Fisheries Service, estab- 
lished a national observer program in 1991. While 
Mexican vessels carry Inter-American Tropical Tuna 
Commission observers on only about one-third of 
their trips, Mexican observers provide coverage for all 
other trips. Thus, when the two programs are consid- 
ered together, Mexico also achieved 100 percent 
observer coverage in 1992. While not included in 
Table 10, observer coverage for Colombia increased 
from 40 percent in 1991 to 80 percent during 1992. 
