59 



In addition to this specific legal problem, there are other problems which 

 could preclude the use of Saltonstall-Kennedy funds for Marine Mammal 

 Protection Act purposes. We will he glad to discuss this matter further with 

 you. I hope we can resolve the funding problems that lace us in regard to 

 research on marine mammals. 



Furthermore, I would appreciate any suggestions and recommendations that 

 you may have with respect to our mutual obligation to find an answer to the 

 tuna /porpoise problem. 

 ►Sincerely, 



Robert W. Scbqjting, 



Director. 

 Enclosure. 



Marine Mammal Commission-, 

 Washington, B.C., November 18, 1915. 

 Mr. Robert W. Schoning, 



Director, National Marine Fisheries Service, NOAA, Department of Commerce, 

 Washington, D.C. 

 Dear Mr. Schonixg : In reviewing the tuna-porpoise problem, it has been 

 repeatedly shown that a major stumbling block is the availability of funds for 

 research. The Commission recommends that the National Marine Fisheries 

 Service apply "Saltonstall-Kennedy" funds (15USC 713C-3(a)) to a solution 

 of the tuna-porpoise problem. This is certainly consistent with one of the 

 stated purposes for those funds, "to conduct any biological, technological or 

 other research pertaining to American fisheries." 

 Sincerely, 



John R. Twiss, Jr., 



Executive Director. 



Mr. Spensley. Do you have any indication why they have not been 

 able to reach a decision on that % 



Mr. Eisenbud. At least the recent history of that discussion is set 

 forth in the back of the Commission's annual report for calendar year 

 1976, where there is a descriptive list of letters relating to this and 

 other matters. 



The basic problem, as I understand it, Mr. Spensley, is that there 

 was uncertainty as to whether SK funds were legally available to 

 apply to the tuna-porpoise problem. Funds for research on this prob- 

 lem were authorized in the Act, and it was a question of whether you 

 could use SK funds to supplement an already itemized program. 



We felt that SK funds could be applied. They felt that they could 

 not. We recommended that they seek advice on that question from 



GAO. 



I am glad to learn that this question has apparently been resolved 

 so that SK funds will be utilized. 



Mr. Spensley. Thank you. 



Mr. Leggett. OK. 



Thank you very much. 



We are going to adjourn at this time, and those who want to see 

 the movie, come back at 1 : 45 p.m. The hearing will start at 2 o'clock. 



We will attempt to have the witnesses such that we will not get all 

 of the commercial side at one time, but infiltrated with other concerns, 

 as well. 



So the printed schedule will not be precisely adhered to, perhaps. 



The committee stands adjourned. 



[Whereupon, at 12 : 05 p.m., the subcommittee reces?ed, to recon- 

 vene at 2 p.m., the same day.] 



r>-l-8SG— 77 5 



