12 



Dr. Fox. I should have qualified it. I believe the catch figure reflects 

 the International fleet, not just the U.S. fleet. But the U.S. fleet is a 

 major share of the international fleet, so it should be roughly close to 

 w hat the total is in terms of percentages. 



Mr. Leggett. As I recall, the American fleet is something like CO 

 percent of the 



Dr. Fox. No, it is closer to 70 percent of the capacity tonnage. 



Mr. Leggett. So that the yellowfin is down by about 10 percent, 

 vou do not know which ships have caught what percentages of what 

 fish, right? 



Dr. Fox. That is correct. 



Mr. Leggett. And now, as I understand the law, and the order that 

 is in effect, we have 10 percent of the observers on board, and that was 

 programed to go to 20 percent. 



How many observers are on board ships of the U.S. at the present 

 time? 



Dr. Fox. At the present time there are five observers at sea. They 

 are aboard three different ships; three are on one boat, and one each 

 on the two additional vessels. 



We had, at one time, approximately 13 on board vessels, but these 

 were subsequently let off as a result of the court actions. 



Mr. Leggett. So the provision of Judge Enright's order, which 

 allows fishing, purse seine fishing, on condition that certain observer 

 requirements are met, the industry is not attempting to comply with 

 that at the present time ? 



Dr. Fox. Well, they did comply. His order said that 10 percent of 

 the fleet should be covered within 2 weeks. 



As I said, we got 13 out, which was approximately 10 percent 

 within the 2 weeks, but then that number was decreased in response to 

 the District of Columbia Circuit Court of Appeals ruling. 



So, as of right now they are not in compliance with Judge En- 

 right's order. 



Mr. Leggett. They are in compliance with Judge Enright's order, 

 in that they are not fishing on the yellowfin, and on the other end, 

 they do not have observers. 



Dr. Fox. They do not have sufficient observers at the present time 

 to comply with Judge Enright's order. 



Mr. Leggett. All right. 



Now, as I understand the regulations currently thought to be 

 promulgated, the Deputy Administrator has indicated that that 

 order will not — the new regulations will not become operative until 

 some time in April, or maybe later. 



The Chairman. Will the gentleman yield ? 



Mr. Leggett. Yes. 



The Chairman. "Where are these new regulations? 



Mr. Pollock. They are in our Department under review, Mr. 

 Chairman. We would hope in the next 2 or 3 days to have the neces- 

 sary clearances within our Department. At that time we will have to 

 publish them and allow 30 days for the public to respond. That is the 

 delay. 



The Chairman. I do not know why we did not have them up here 

 so that this hearing could have the benefit of what those are, and this 

 process could move that much faster. 



