43 



"Sir. Leggett. It is my understanding that you scheduled calls for 

 the showing of the footage that was collected on that behavioral 

 excursion at 1 : 45 today, 15 minutes of footage, I would ask, did the 

 Commission participate in the collection of that footage, or the clip- 

 ping of it. 



Mr. Eisenbud. Mr. Chairman, I have reviewed the footage of the 

 Elizabeth C.J. cruise on behalf of the Commission. The film that will 

 be shown this afternoon, if I am not mistaken, is a product of the 

 American Tunaboat Association. It is a documentary which was pro- 

 duced by the American Tunaboat Association. It contains some foot- 

 age from the research cruise but it also contains footage which was 

 not taken on the Elizabeth C.J . more than just the footage of the 

 Elizabeth C.J. 



Mr. Leggett. I see. 



Mr. Eisenbud. The total footage taken aboard the Elizabeth C.J . 

 is 8,000 feet, and is being reviewed now for purposes of identifying 

 potential trade secrets. It will be made available to the public pur- 

 suant to applicable law and the agreement between the Government, 

 the American Tunaboat Association, and the vessel owner which we 

 discussed with you earlier last year. 



Mr. Leggett. Is that the full 8,000 feet, or will that be doctored or 

 clipped ? 



Sir. Eisenbud. Certain portions may be withheld from public dis- 

 closure, if they are determined to be trade secrets or otherwise exempt 

 under law. At the present time, however, it appears that there is only 

 a small portion of the total film that may involve trade secrets. That 

 portion will be reviewed within the next few days and, if it is exempt, 

 it will be protected. The remainder will be available to the public, as 

 we discussed some time ago. 



Mr. Leggett. If there happens to be a secret on how not to kill por- 

 poises, I hope it will be widely distributed. 



Mr. Eisenbud. I can assume that it will be. 



Mr. Leggett. Mr. Oberstar ? 



Mr. Oberstar. I would just like to come back to this question of 

 optimum porpoise population, whether the Commission has made any 

 progress since our hearings of last year, reaching an estimate on 

 which to guide the committee, industry, and the Court, in dealing 

 with the '72 law ? 



Dr. Chapman. Mr. Oberstar, as Dr. Fox stated, there was a work- 

 shop in La Jolla in July of 1976, at which I participated on behalf of 

 the Commission. 



Subsequently there has been further study with respect to the whole 

 question of optimum sustainable population, by and on behalf of the 

 Commission. The Commission has indicated its position with respect 

 to the eastern spinner porpoise population. We believe that the popu- 

 lation is below the 60 percent level, when compared to the original 

 stock size, and therefore should be designated as "depleted" under the 

 act. 



I would like to clarify our position. The act refers to any taking 

 with respect to specific stocks, and that admonition of the act was 

 taken into account by the National Marine Fisheries Service in the 

 proposed regulation that were published in the Federal Register last 

 year. 



