20 



Mr. Pollock. I have it here, and I will submit this for the record 

 at this time. 



[The following was received for the record :] 



1'! w Si BlflTTED BY Tin Dl PAM M EWT ok COMMERCE FOB tiik Km ou< t.mknt of THE 

 Uabink Mammal Photecttot* Act ra Compliance Wnu the Ordeb of the 

 i a, < mi ki ci Ari'i iXM Dated ITbbbuabi 8, l'-'TT 



in an Order tinted February 8, 10TT, the U.S. Court of Appeals for the 

 District of Columbia, directed the Secretary of Commerce to submit, within 

 10 days of thai Order, a plan Indicating hem she proposes to discharge her 



dttty in enforcing provisions Of section 107(a) of the Marine Mammal Protec- 

 tion Act Of 1972. The following plan is presented in compliance with that Order. 



The plan contains two operational phases: J'luisc A covering the period dur- 

 ing which setting on porpoise by U.S. tuna purse seiners is prohibited, and 

 PhOSt B covering the period after the 1977 regulations are effective and when 

 provisions of a general permit are expected to govern the setting on specific 

 porpoise populations while fishing for yellowfin tuna. 



It is the intention of the Secretary to ensure that the Marine Mammal 

 Protection Act is complied with and enforced fully and fairly. 



PHASE A 



Phase A will cover the period through mid-April. 1977, by which time the 

 Department's rulemaking, conducted pursuant to the Act, will have been 

 completed and permits, if appropriate, will have been issued. 



The Department's enforcement plan for this interim period prior to mid-April 

 shall consist of the following components : 



1. Aerial surveillance 



2. Enforcement policy of maximum penalties 



3. Required daily reports of vessel positions by tuna purse seiners 



4. Restrictions on use of operational speedboats in connection with tuna purse 

 seiners 



5. Interim authority to order vessels in violation to return to port 



6. Inspection of ship logs and catches 



The primary means to deter and detect violations, if any, for the illegal 

 setting on porpoise will be aerial surveillance of the U.S. tuna purse seine fleet. 

 As an additional deterrent, the Department is adopting an enforcement policy 

 of maximum penalties for all violations. 



Aerial surveillance will be maintained over the U.S. tuna purse seine fleet 

 fishing yellowfin tuna which during this part of the season is operating between 

 Baja California and northern Peru and seaward within several hundred miles 

 from shore (see attached map). The surveillance will be aided by seasonally 

 good weather expected over the area. Arrangements are being made to stage 

 surveillance aircraft having an effective range of 2,000 miles from strategic 

 locations in Latin America. We plan to provide at least 60 hours of aircraft 

 time per week to ensure sufficient on-site monitoring of the U.S. tuna purse 

 seine fleet activities. The use of some of these areas will require appropriate 

 foreign clearances; and such clearances are being requested from the Depart- 

 ment of State on an expedited basis. We have been informally assured of the 

 full cooperation of the Department of State. 



Upon receipt of clearances, the Department will provide aircraft surveillance 

 capability for at least 60 hours a week during Phase A. National Oceanic and 

 Atmospheric Administration (NOAA) aircraft will serve as the primary 

 surveillance craft with private charter aircraft in reserve. The U.S. Coast 

 Guard has informally indicated that it will provide limited assistance up to 

 100 hours of flight time. In addition, the Department will use National Marine 

 Fisheries Service enforcement agents to accompany all flights to properly 

 document fishing activities and prepare evidence on any observed violations. 



To ensure and enhance the effectiveness of the Air surveillance, certain 

 supportive actions are essential. 



The first is daily radio reporting of vessel positions by each tuna purse 

 seiner. These reports, obtained through the cooperation of the U.S. Coast 

 Guard, are essential to maintain close contact with the movement of the fleet 

 and to reduce unnecessary air search time. Secondly, since speedboats are 



