.).) 



seiners Dshing tor yeUowfln tuna; (2) to obtain specific Information aboul the- 

 effectiveness of regulations on reducing porpoise mortality; (3) to evaluate the 

 compliance records of Individual fishermen; and (4) issue citations in case of 

 infractions of the regulations. 



The plan, as proposed, should adequately meet the overall Objective of 

 phase A and plia-e B in protect porpoises and ensure that individual species or 



Btock (piotas are not exc led. The plan embodies the application of both the 



resources now available and which «an reasonably he anticipated to he available 



in I he near future. 

 At ta( lmienl. 

 I'i ma ak\ It. l'.>77. 



Summary of ALJ recommended decision and conclusions 



NMFS final decision Comments 



Adopted 216.24(d) 

 (iv)(A)(l)and(2). 



Adopted 216.24(c) 

 (5)(vi). 



Adopted 216.24(d) 

 Ov)(K). 



Already required on 

 all sets. 216.24(d) 

 (if)(J). 



Adopted 216.24(d) 

 (iv)(J). 



Not adopted. 



It is concluded and recommended that regulations be amended to in- 

 clude the changes suggested by the agency in subsec. (d)(iv)(A) (i) 

 and (u) above. (Insertion of V* in. porpoise safety panel.)— p. 37. 



Rather it is here concluded, that sec. (aXiv)(J) of the regulations 

 should provide that (1) all tuna boats must have an order the nets 

 before they can fish on porpoise and (2) that the vessels must install 

 the nets within 10 days of the next arrival back in port after delivery 

 of the nets, or Apr. 30, 1977, as the latest date for installation -p. 38. 



Therefore, as a start at the very least, it is concluded and recommended 

 that the regulations should require that all vessels be equipped with 

 adequate floodlights and that they be required to be used if the 

 backdown procedures occur in darkness— p. 43. 



It is also found that the use of rescuers on speedboats and or rafts 

 during sundowners lessen porpoise mortality it is concluded and 

 recommended and that the regulations should require these proce- 

 dures where the backdown occurs in darkness— p. 43. 



It is concluded and recommended that the regulations should provide 

 for the mandatory use of faceplates and for the use of rubber rafts in 

 addition to the number of speedboats required presently in the pro- 

 posed regulations— p. 44. 



However, the regulations should also provide that in lieu of the face- 

 plate, a rubber raft with a glass bottom may be used— p. 44. 



It is concluded and recommended that the regulations should require Adopted 216.24(d) 

 two speedboats on all classes of vessels unless and until it is shown (iv)(G). 

 with some certainty by the holder of the certificate of inclusion that 

 a second speedboat will in fact displace the observer— p. 44. 



Absent this information it is found that the publication of a vessel's Concurred.. 



mortality may result in a baseless and unjustified emotional re- 

 sponse against those operating the vessel— p. 51. 



In this regard, the undersigned is of a view that the SP can be the 



linchpin to this end. (Skipper panel.)— p. 52 . 



It is concluded and recommended that the regulations be amended: Adopted. Not in 

 To create a SP along the lines suggested above and (2) that upon regulations, will 

 the recommendation of a majority of the SP to revoke or suspend a be in permit, 

 certificate of inclusion, the NMFS shall execute such recommendation 

 forthwith, or at a minimum it should be given great weight — p. 54. 



It is concluded and recommended that the aforementioned subsection 

 be amended to include that there shall accompany such copies of the 

 logs a statement under oath, in affidavit form, attesting to the 

 truthfulness of the information reflected in the marine mammal 

 logs — p. 55. 



It is also found and concluded that, in accordance with sec. 1373(a) 

 of the act, they are based upon the best scientific evidence available 

 at this time. It is concluded further that the NMFS published a 

 statement of the estimated existing levels of the species and popula- 

 tion stocks of the marine mammals concerned as required by sec. 

 1373(dXD of the act— p. 66. 



In the same "Federal Register" notice is also published a statement 

 describing the evidence befcre it upon which the NMFS proposed to 

 base such regulations and any studies or recommendations made by 

 or for it, or by the Marine Mammal Commission which related to the 

 establishment of the regulations, and it is so concluded— pp. 66 and 

 67. 



Based upon an evaluation of the record evidence on OSP and the Did not adopt 

 testimony of Dr. Fox it is found and'or concluded that the lower 

 bound of OSP is 50 pet of the unexploited population of the specie or 

 stock— p. 73. 



In light of the findings above concerning the lower bound of the OSP do 



to be 50 pet of the unexploited population of the specie or stock and 

 the testimony of Dr. Fox it is found and concluded that the eastern 

 spinner dolphin is not depleted— pp. 75 and 76. 



Installed upon receipt or 

 before starting a new 

 voyage if delivered 

 while at sea. 



Modified to include face 

 masks. 



Glass-bottom boat use not 

 tested— p. 29 of de- 

 cision. 



Permit Holder must 

 form a skippers 

 panel — p. 22 of 

 decision. 



Adopted 216.24(d) 

 (iii). 



Concurred — p. 7 of 

 decision. 



.do. 



Adopted a range of 50 to 

 70 pet. Insufficient 

 evidence to support 

 selection of a single 

 value— p. 12 of 

 decision. 



Eastern spinner depleted 

 based on probability 

 even though at 54 pet 

 of initial stock size— 

 p. 14 of decision. 



