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reliable estimates rather than apparently arbitrary percentage 

 values. 



NMFS feels that subsections 118(f)(4) and (5) should be deleted. 

 Allowing vessel owners to choose among supplemental observer 

 providers could encourage these providers to market services and 

 products that may not be in the best interest of living marine 

 resources, particularly marine mammals. As a result, data may 

 not be accurate or reliable. The Secretary should be given sole 

 discretion to assign appropriate observer providers to vessel 

 owners, based on the gualif ications of the provider and the 

 reguirements of the monitoring program specified under this 

 section. 



There should be a provision for the Secretary to charge a fee 

 apart from the authorization fee to owners of fishing vessels to 

 help defray the costs of the observer program. Fees should be 

 chargeable whether the observers are Federal employees or from 

 supplemental observer providers. However, supplemental observer 

 providers may be profitable enterprises, and the cost of a 

 supplemental provider program may be higher than one administered 

 solely by the Federal government. 



PENALTIES AND ENFORCEMENT 



NMFS is considering the advisability of a provision in the MMPA 



that people or vessels lose all Federal fishing rights and 



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