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porpoises are small cetaceans which do not have long beaks, and 

 dolphins are sum 11 cetaceans with the beak. That is a simple explana- 

 tion between a dolphin and a porpoise. 



Mr. Studds. For the purposes of this hearing and this law, are we 

 assuming that they are the same, and interchangeable? 



Mr. Pollock. Yes ; we are assuming that they are the same. 



Mr. Studds. Let me ask you. You refer on page 6 of j'our state- 

 ment, Mr. Pollock, to any stock below optimum sustainable popu- 

 lation. 



Do we have any stocks of porpoises at this point that we have rea- 

 son to believe have been fished below that optimum sustainable yield? 



Mr. Pollock. Mr. Studds and Mr. Chairman, I do not like to side- 

 step the issue, but this issue is in litigation. It is part of the decision- 

 making process and is a matter of interpretation. I think I cannot 

 answer the question to your satisfaction at this point. 



Mr. Studds. I certainly agree with your last statement. 



Might you be able to 



Mr. Pollock. I apologize. 



Mr. Studds. When might we anticipate an answer to that question? 



Mr. Pollock. I would hope that within the next few days, when we 

 issue our 1977 regulations, we will be able to answer that question. 



Mr. Studds. In this because there are scientific disagreements, or 

 because of the litigation ? 



Mr. Pollock. I think there is a scientific disagreement. 



Mr. Leggett. If the gentleman will yield ? 



Mr. Studds. Yes. 



Mr. Leggett. I must caution the committee that at times past when 

 we have got too confused between the legislative and the executive 

 branch in promulgating regulations, and where it appears that the 

 legislative branch has exercised any degree of motivation or coercion 

 with respect to the exercise by the executive branch of their discretion 

 in the promulgation, that those regulations have been invalidated, and 

 we have got problems enough right now with our time periods, and 

 so I would caution the members not to press the witnesses beyond 

 where they would like to be pressed, though, and very frankly, this 

 is a very difficult area, where we have regulations sought to be 

 promulgated, being interpreted by administrative law judges, and 

 making some findings which appear to be somewhat at variance with 

 the Administrator's original interpretation of the regulation, and 

 pressing by the committee at that point will disturb this delicate 

 process before it comes into fruition. 



I hope that explains it. 



Mr. Studds. I thank the chairman for his clarification. 



I take it that the essence of your nonresponse is that there is some 

 doubt at this time as to whether or not any species of porpoise have 

 been fished beyond their optimum sustainable yield. That that is a 

 matter of some question. 



Mr. Pollock. That is a matter of some question. There is some ques- 

 tion of interpretation as to whether marine mammals below the 

 optimum yield are depleted. 



Mr. Leggett. I would like to correct the record, if I could also 

 intervene. 



