si 



Mr. Oberstar, Do you think that the law needs to be changed, 

 Mr. Felando, or would a more Liberal interpretation of thai law 

 suffice '. 



Mr. Felando. It is pretty hard. 



The section of the law that is causing the trouble lias already been 

 interpreted with the exception of the zero mortality section. 



That lias not been interpreted by the courts as yet. 



1 just think that that language in the law came in during a dialog 

 on the Senate floor. There was never any opportunity for people to 

 speak on that subject, as I recall, during the hearings, either on the 

 House side or the Senate side. 



That language came in on the Senate floor. 



1 really don't know what was in the mind of the drafters at that 

 particular time, but T feel that that section of creating the idea that 

 incidental kill has to be reduced to levels approaching zero mortality. 

 T feel is just totally unrealistic and impractical. 



Some people interpret that every year the amount taken or sta- 

 tistical established has to be lowered and if that is the approach 

 taken, I don't see how we can guarantee that. 



All we can guarantee is t lie best possible effort and that is it. 



Mr. Oberstar. In fact, your track record has been that each year 

 has been significantly lower! 1 



Mr. Felando. Yes. from 197.°> there has been a 55-percent reduction, 

 from 1973 to 1976. 



Mr. Oberstar. Captain, do you think you have reached the limits 

 of technical excellence in reducing porpoise mortality? 



Captain Silva. I do not. I do not. 



T think Ave are coming into another breaking and what with the 

 inch-and-a-quarter mesh that lias been used and with the super apron 

 used by Captain Jorge which we haven't had time now to expand on 

 because, in fact, we are prohibited from fishing, I think we are mak- 

 ing progress. 



I think last year, 1976. the results of the 20 vessels that experi- 

 mented with the different type web is something to behold. 



However, we can't expand on that because we are prohibited from 

 fishing. 



There is a prohibition on yellowfin tuna. It stops our business and 

 what we are talking about. 



Mr. Oberstar. You need to continue fishing in order to demonstrate 

 the effectiveness of the new technology? 



Captain Silva. If we don't continue to fish, we won't be coming 

 up here many more times. I don't think. 



Mr. Oberstar. Realistically, Air. Felando, what do you think your 

 chances are for getting the other body to agree to a change in the 



law? 



Mr. Felando. You are referring to the Senate? 



Mr. Oberstar. Yes. 



Mr. Felando. I guess we don't know until we try. 



I don't want to predict it. 



I hope people are listening to us. 



Mi 1 . Oberstar. Xo further questions. 



Mr. Leggett. Thank you. 



