258 



proceedings. Enforcement responsibility must rest in part with 

 the flag government of the foreign vessel. 



The final and most faulty item as to the import regulations 

 is the standard, or absonce'of one, by which foreign fishing 

 activities are to be measured. Foreign fishing operations are 

 to be conducted in conformance with United States regulations and 

 standards or in a manner determined by the Director which does 

 not result in mortality in excess of that which results from 

 U.S. fishing operations. 42 Fed. Reg. 12013. Does this mean 

 that each foreign vessel may kill and injure mammals to the ex- 

 tent that one U.S. flag vessel might as its percentage of the 

 overall U.S. mortality quota, or are the boats of one foreign 

 country permitted a quota of porpoise equal to that of the entire 

 American fleet, or are all foreign vessels of all countries lim- 

 ited to an equivilant quota as that established by these regu- 

 lations? 



9) Within the provisions of the MMPA, and in particular the 

 •sections providing for regulations on the taking of marine mammals 

 and the issuance of permits (16 U.S.C. §§1373, 1374), are 

 requirements for publication, public participation, scientific 

 consultation, periodic review, and reporting to Congress. These 

 features are in addition to the normal requirements of federal 

 agency rulemaking. The current regulations are the culmination 

 of an almost 6-month administrative process. Thus, it is offensive 

 to the intent of the Act and without textual support that the 

 regulations attempt to reserve the right to increase the number 

 of marine mammal fatalities at some future point in the life of 

 the 1977 permit. "The Director may change the maximum number of 

 marine mammals that may be killed, as specified in the general 

 permit, whenever new information becomes available which results 

 in the reevaluation of the population or OSP level of any stock or 

 species." 42 Fed. Reg. 12011. Thus, the 59,050 quota is not really 

 a quota, but an open-ended loophole. 



