20 



been very few problems in enforcing it. It think that is because ba- 

 sically it has not been enforced, for the most part. 



At our last hearing, we were informed that the cost of research, 

 administration and enforcement of your original proposal would be 

 some $19 million a year, but it appears you will only be appropri- 

 ated some $10 million for the coming fiscal year. 



The negotiated proposal attempts to deal with this issue, as I un- 

 derstand it, by instituting a management regime based on what- 

 ever funds happen to be appropriated. This causes a bit of appre- 

 hension. 



I would like to hear your thoughts on the relationship between 

 funding and management mandates. 



Ms. Foster. Sir, I have been in public service for 20 years. I be- 

 lieve it is fair to say that I have never once in all that time worked 

 under a piece of legislation where there were adequate funds to 

 fully implement the law. 



If we start developing legislation based on how much money we 

 think we are going to have, then I believe very strongly that con- 

 servation and management progress in this country comes to an 

 end. 



First, you decide what it is you need to do and then you put 

 enough flexibility into the law that allows you to rank things that 

 need to be done. 



For example, I agree with the comment earlier that this bill 

 should not say that the Secretary must put observers on every fish- 

 ery that falls into a category. I think the word should be "may," 

 and then you target the fisheries where the serious problems are. I 

 do not think we can afford to develop legislation based on how 

 much money we have. We have never done that. 



Mr. Studds. You obviously have not served in the Department of 

 Defense. 



Ms. Foster. Well, that is a different story. 



Mr. Studds. I will give the other members a chance. We will go 

 by the rule of appearance. 



The gentlewoman from Oregon. 



Ms. Furse. No questions. Thank you. 



Mr. Studds. The gentlewoman from Washington. 



Mrs. Unsoeld. Thank you, Mr. Chairman. 



Dr. Foster, last year your agency prepared a report at my re- 

 quest assessing the status of Washington State marine mammals. 

 The report indicated that the current west coast population of Cali- 

 fornia sea lions is about 180,000 animals in contrast to estimates of 

 about 1,000 animals in the early 1930's. 



The report also indicated that this population has been increas- 

 ing at a rate of about 6.4 percent annually since 1971 and that 

 recent studies, I am quoting, indicate that the present abundance 

 "may be higher than any historic level". 



For harbor seals, the Washington State population exceeds 

 30,000 animals with pup counts showing a 7 to 22 percent annual 

 increase. Yet later in the report it indicates that the status of 

 harbor seals relative to their Optimum Sustainable Population 

 level has not yet been assessed. 



My question is, what is the OSP for California sea lions and 

 when will OSP be assessed for harbor seals? 



