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that those are the best available estimates of foreign kill. 

 [Emphasis supplied]. On October 14, 1976, proposed regulations 

 were published (41 Fed. Reg. 45015) of which these regulations 

 are a final version. The proposed regulations supposedly considered 

 foreign kill rates in setting a United States quota of 29,920 

 for all of 1977. The final regulations supposedly consider foreign 

 kill rates, yet reach a U.S. quota of 59,050 for a period of only 

 38 weeks. 



Director Schoning states, as properly he should, that in 

 order to be insured that the total mortality of individual species 

 and stockswill not be to their disadvantage, he has considered 

 the estimated foreign mortality in setting U.S. quotas. 42 Fed. 

 Reg. 12018. Just how he has used foreign mortality rates is less 

 clear. And once again, the Act obligates him to consider not 

 only animal deaths, but all takings. 



8) A number of regulations have been promulgated pertaining 

 to importation. Petitioner supports rigorous enforcement of the 

 MMPA as to the activities of American and foreign vessels alike. 

 Unfortunately, the new import regulations are unrealisitc and 

 vague. Section 216.24(e)(1) places the focus of an importation 

 ban upon individual fish caught in a manner not allowed within 

 United States jurisdiction. 42 Fed. Reg. 12012. Such an emphasis 

 may require an item by item determination upon entry to this 

 country. The potential burden to customs officials is so large 

 as to result in likely nonenforcement . A more realistic approach 

 would have been to emphasize entire fleet or vessel catches or 

 processor inventories -- violation of MMPA provisions would thus 

 "taint" entire shipments for import purposes. 



Further, fish and fish products may qualify for import upon 

 the basis of a statement by the master of the vessel catching 

 the fish. 42 Fed . Reg. 12013. This provision is hardly a deterrent 

 to a vessel master motivated by economic self-interest and the 

 knowledge of doubtful U.S. jurisdiction over him for criminal 





