Page:United States Statutes at Large Volume 102 Part 5.djvu/759

 PUBLIC LAW 100-711—NOV. 23, 1988

102 STAT. 4765

not be prepared if the Secretary determines that it will not promote the conservation of the species or stock. "(2) Each plan shall have the purpose of conserving and restoring the species or stock to its optimum sustainable population. The Secretary shall model such plans on recovery plans required under section 4(0 of the Endangered Species Act of 1973 (16 U.S.C. 1533(0). "(3) The Secretary shall act expeditiously to implement each conservation plan prepared under paragraph (1). Each year, the Secretary shall specify in the annual report prepared under section 103(0 of this title what measures have been taken to prepare and implement such plans.". TAKING OF PORPOISE IN TUNA FISHERY

SEC. 4. (a) Section 101(a)(2) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(2)) is amended— (1) in subparagraph (A), by striking "and" at the end; (2) in subparagraph (B)— (A) in clause (ii), by striking the period at the end and inserting in lieu thereof a comma; and (B) by adding at the end, flush with the margin, the following: "except that the Secretary shall not find that the regulatory program, or the average rate of incidental taking by vessels, of a harvesting nation is comparable to that of the United States for purposes of clause (i) or (ii) of this paragraph unless— "(I) the regulatory program of the harvesting nation includes, by no later than the beginning of the 1990 fishing season, such prohibitions against encircling pure schools of species of marine mammals, conducting sundown sets, and other activities as are made applicable to United States vessels; "(II) the average rate of the incidental taking by vessels of the harvesting nation is no more than 2.0 times that of United States vessels during the same period by the end of the 1989 fishing season and no more than 1.25 times that of United States vessels during the same period by the end of the 1990 fishing season and thereafter; "(III) the total number of eastern spinner dolphin (Stenella longirostris) incidentally taken by vessels of the harvesting nation during the 1989 and subsequent fishing seasons does not exceed 15 percent of the total number of all marine mammals incidentally taken by such vessels in such year and the total number of coastal spotted dolphin (Stenella attenuata) incidentally taken by such vessels in such seasons does not exceed 2 percent of the total number of all marine mammals incidentally taken by such vessels in such year; "(IV) the rate of incidental taking of marine mammals by the vessels of the harvesting nation during the 1989 and subsequent fishing seasons is monitored by the porpoise mortality observer program of the InterAmerican Tropical Tuna Commission or an equivalent international program in which the United States

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