27 



Now, from the Inter- American Tropical Tuna Association's log 

 book system, we can get estimates of the number of sets on porpoises 

 by all foreign Hag vessels. 



The difficulty then is in determining what their kill rate on each 

 set is. We have assumed that the kill rate is approximately like that 

 of the United States before the major forces of the Marine Mammal 

 Protection Act came to bear on the fleets. 



With that we made estimates that range up to approximately 40,000 

 for the recent years. 



Mr. Oberstar. About 40,000, you are saying? 



Dr. Fox. Yes. 



Mr. Oberstar. You say then that American fishermen are taking the 

 overwhelming preponderance of the dolphin take in connection with 

 tuna fishing ? 



Dr. Fox. That is correct. For the most recent year where we have 

 made estimates for both the domestic and foreign fishing, the foreign 

 fisheries took 24 percent, and the United States 76 percent. 



Mr. Oberstar. Will the foreign dolphin kills be subject to U.S. 

 regulations under the 200-mile legislation? 



Dr. Fox. No, I do not believe so. 



Mr. Oberstar. So there is no way that, by the 200-mile limit, the 

 United States can effect protection of foreign kill of porpoise ? 



Mr. Oberstar. So the only way we can effect dolphin kill is by 

 international negotiation, hopefully? 



Mr. Pollock. Or import restrictions, as Mr. Brewer and I indi- 

 cated earlier. 



Mr. Oberstar. Import restrictions, are we doing that 1 



Mr. Pollock. I do not know if we are doing it. 



Mr. Oberstar. Do we have the mechanism ? 



Mr. Pollock. I think Mr. Brewer would like to respond more fully. 



Mr. Brewer. Mr. Chairman, I understand your point of view. 



Of course, we are requiring certificates with respect to origin of 

 imported tuna, and have done so for some time. 



You have mentioned in the past that the efficacy of such certificates 

 might be open to question, and we are in the process of tightening up 

 procedures considerably. 



The Chairman. Other than receiving the certificates, has the 

 Department done one single thing to investigate even the validity of 

 the signature on the certificate ? 



Mr. Studds. Let the record show that counsel is casting about the 

 back of the room, and nothing is forthcoming. [Laughter.] 



Mr. Brewer. I am afraid that is correct. 



The Chairman. We understand where we are. 



To clear up one thing Mr. Oberstar brought up, the foreign fleet is 

 catching in the order of one-third of the tuna, and we were taking in 

 the order of 300,000 porpoises, before we passed the 1972 act, accord- 

 ing to the best impressions of the American fleet. 



Why then is not our estimate that the foreign fleet is taking 100,000 

 porpoises, rather than 40,000 that you mentioned ? 



Mr. Pollock. Dr. Fox would like to respond. 



94-SS6— 77- 



