19 



Mr. Studds. Is there a preliminary management plan indicating 

 whether that permission will be granted ? 



Mr. Schoxixg. There is a preliminary management plan relating 

 to fisheries. What we have to do after we formally receive applica- 

 tions for permits is to then go through the process required by the 

 Marine Mammal Act, and see whether a permit can be granted. 



Just like the normal procedure we get with the permits. 



Mr. Studds. We will get the Japanese GIFA, and the public review 

 period for the permits from Japan ? 



Mr. Schoxixg. Yes; the public review period for the applications 

 for mammal taking will come after the GIFA. 



Mr. Studds. What happens to porpoises that are killed in incidental 

 taking? 



Mr; Schoxixg. They are put out of the nets. 



Mr. Studds. Is that the Government's way of saying that they are 

 thrown back overboard ? 



Mr. Schoxixg. Yes. They are returned to the sea, either while still 

 in the nets, or thrown overboard if the net is on board. 



Mr. Leggett. They are recycled in the ecosystem ? 



Mr. Studds. One last question. 



On page 5, Mr. Pollock, you say, "no U.S. tuna boats are allowed 

 to take any porpoise incidental to yellowfin tuna fishing, and to the 

 best of our knowledge, none are." 



That is correct at this point ? 



Mr. Pollock. That is correct. 



Mr. Studds. Thank you, Mr. Chairman. 



Mr. Leggett. Mr. Hughes ? 



Mr. Hughes. I have no questions. 



Mr. Leggett. Mr. Bonior ? 



Mr. Boxior. No questions. 



Mr. Leggett. I might state this, that this is a subject matter on 

 which we could hold hearings for a week. It is not the intention of the 

 Chair to do that. 



I intend to pursue this matter today as late as we may go. I would 

 hope that as many of the witnesses who do testify, would stay, such 

 that we might have a maximum available resource continually avail- 

 able to answer questions that may arise. 



Mr. Pollock. Mr. Chairman, I wonder if I could have my experts 

 stay ? I have a commitment. 



Mr. Leggett. Xobodv has to stav. Anvbodv that cannot stav, I 

 appreciate it. Mr. Mannina. 



Mr. Maxxixa. Thank you Mr. Chairman. The administrative law 

 judge made several recommendations for amendment of the 1977 

 regulations. 



For each recommendation that you do not adopt, could you submit 

 for the record an explanation of why you elected to reject that 

 recommendation ? 



Mr. Pollock. The answer to that is "Yes." 



Mr. Maxxixa. If you do accept the administrative law judge's 

 recommendation of 50 percent lower bound OSP. could you supply 

 for the record why you elected to go with the lower bound ? 



Also in your statement on page 4, you indicated that you submitted 

 to the court of appeals your plan for enforcement. Would you submit 

 that for the record ? 



