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the subcommittee said, is supposed to lay the base, for resolving this 

 problem. 



I do not think it is fair to the environmentalists, or to the tuna 

 fishing industry, to be dangled further, and not reach the basis for a 

 resolution of this problem. 



What action are you going to take against foreign vessels that kill 

 dolphins? 



Mr. Leggett. Tf that is within his 



Mr. Pollock. I would like to call on Bill Brewer, our General 

 Counsel. He can talk about enforcement, which would cover this. 



Mr. Brewer. We were required by the court of appeals here in the 

 District of Columbia to file a plan of enforcement for U.S. vessels 

 both with respect to the period prior to the time our regulations are 

 in effect, and after that period. 



Upon the assumption that your question relates to the present pe- 

 riod before our regulations are in effect, the gist of our plan is that we 

 will use aerial surveillance for enforcement. We feel that we are able 

 to do it, because the fleet at this time is fishing fairly near shore. 

 Since we do not have any substantial number of observers on board, 

 and indeed have no legal powers to require them on board at this 

 time, aerial surveillance seems to be the best method available. We 

 think it will be effective. 



The Chairman. Why have you not had the aerial surveillance be- 

 fore, so that you can monitor just what the foreign fleet is doing? 



Mr. Brewer. For one thing, the aerial surveillance is not practical 

 at many times during the year when the vessels are far offshore. The 

 second response is that we have had, where they are fishing under 

 permit, a fairly substantial number of observers on board the U.S. 

 vessels. 



Mr. Leggett. If the chairman would yield. 



Does the court order, as you interpret it, relate only to your en- 

 forcement with respect to American fishermen, or does it also relate to 

 enforcement with respect to foreign fishermen, which would include 

 the embargo provisions, which we have included in the act, which 

 would preclude the importation in the United States of tuna products 

 caught in violation of the standards applicable to American fisher- 

 men? 



Mr. Brewer. We interpreted it, Mr. Chairman, as meaning enforce- 

 ment of the provisions of the act with respect to domestic fishermen 

 because that, of course, was the issue in the litigation. 



So far as control over foreign fishermen is concerned, basically the 

 importation requirements that you refer to are the only methods of 

 enforcement that we have, and we have addressed those separately in 

 the regulations. 



Mr. Leggett. Section 1376 of title 18 provided to me by counsel 

 states, any vessel, or other convenience subject to the jurisdiction of* 

 the United States employed in any manner in the unlawful taking of 

 marine mammals shall have its entire cargo subject to forfeiture or 

 seizure, condemnation of cargo, violation of customs laws, disposition 

 of such cargo — and in addition, litigation of forfeiture shall apply 

 with respect to cargo of any vessel, et cetera — of course, there are alsoi 



