21 



deployed primarily to herd porpoise schools, it will be essential to limit the 

 number of operational speedboats allowed on the deck of each vessel or in 

 tbe water. This restriction can be easily monitored from the aircraft. Third, 

 Federal enforcement agents must have the authority to direct vessels observed 

 in volation of the order to return to port. The final requirement is authority to 

 conduct dockside inspection of vessel logs and catches to determine whether 

 porpoise sets are made during the trip. 



These supportive actions can be implemented by a court order that: (1) 

 requires U.S. tuna purse seiners to report daily positions to the U.S. Coast 

 Guard via radio at a specified time established by the NMFS; (2) requires 

 U.S. tuna purse seine vessels to have on deck only one operational speedboat 

 with the outboard motor attached and stow all remaining outboard motors 

 below decks; (3) grants NMFS enforcement agents the authority to direct 

 vessels in violation of the Order to return to port immediately ; and (4) grants 

 NMFS enforcement agents the authority to board U.S. tuna purse seine vessels 

 in port for the purpose of inspecting vessel logs and observing the unloading 

 of the catch. A motion requesting an order to this effect accompanies this plan. 



Since fishing is closer to shore in the early part of the season when optimum 

 weather conditions pervail, the aerial surveillance proposed will provide 

 reasonably effective enforcement during phase A. Surveillance under the 

 proposed plan can begin within 72 hours following issuance of the court order. 

 It should be noted, however, that additional funding is required for the air 

 surveillance enforcement program since current expenditures by the Depart- 

 ment under the Marine Mammal Protection Act are very close to the authoriza- 

 tion limit of that act. To obtain funds expeditiously, the Department will use 

 a portion of the nonappropriated funds available from the small reserve of 

 Saltonstall-Kennedy funds (a portion of fisheries import duties). The Office 

 of Management and Budget has been requested to apportion such funds. 



PHASE B 



Immediately following the adoption of 1977 final regulations and, as ap- 

 propriate, the approval of an application for a general permit and the filing 

 with the court, phase B of the plan will be implemented. This phase will cover 

 the period from about mid-April through December 1977. The Secretary will 

 not require a separate court order to implement this phase of the plan. 



In phase B the Department will move to an increased observer program. 

 The Department's plan is to place trained scientific observers aboard U.S. tuna 

 purse seine vessels for approximately 130 trips during the remainder of the 

 1977 yellowfin tuna season. The placement of these observers will be a condition 

 of certificates of inclusion issued to individual fishermen under the general 

 permit. This number represents approximately 43 percent of all trips to be made 

 by purse seine vessels after mid-April. This plan will require increased au- 

 thorization under the act and a supplemental appropriation. A request for a 

 supplemental appropriation of $1.1 million for each of fiscal years 1977 and 

 197S has been approved by OMB and will be submitted shortly to the Congress. 

 A bill to increase authorization levels will also be submitted. 



It is the objective of the Department to move as close as possible to a 

 100 percent observer program for vessels 400 tons and above as Departmental 

 resources permit. In addition to the supplemental appropriation now being 

 sought to cover the 130 trips, the Department will request OMB to seek from 

 Congress the further resources necessary to achieve full observer coverage of 

 the fleet. 



Scientific observers will be responsible for providing radio reports twice 

 weekly on the numbers of each species or stock of porpoise killed during that 

 period. These data will then be used to project the total incidental kill of each 

 species or stock to date and the anticipated quota closure date if the mortality 

 continues at the same rate. When any individual quota is filled, further setting 

 on that species or stock will be prohibited for the remainder of the year. The 

 use of observers to collect information on compliance with regulations, is a 

 more effective method of monitoring fleet activities than aircraft surveillance 

 during the latter part of the year when most fishing is in areas seaward of the 

 effective range of available surviellance aircraft. 



The primary objectives of phase B are: (1) to limit the incidental kill of 

 porpoise, governed by specific quotas, that may be taken by U.S. tuna purse 



