113 



But let mo say this, that the Elizabeth G.J. crew was the cul- 

 mination of 5 long hard years of work by the Government of the 

 United States, certain individuals such as Dick McNally and Jim 

 Coe, who put their hearts into it, certain skippers who worked closely 

 with them, Julius Zollezzi, Gonzales Medina, who put the original 

 panel in — there has been a lot of work and the El'tzaheth O.J. re- 

 sults were the result of work that was done in 1972, 11)73, 1974 and 

 1975 when a lot of people said that there was no progress being 

 made. 



Mr. Leggett. All right. Very good. 



I think we have asked all of the questions that we want to ask 

 at this point, so thank you very much. 



"We now have Mr. William Butler, Washington counsel for the 

 Environmental Defense Fund, and Mr. Bud Fensterwald, counsel. 



Mr. Fensterwald. Mr. Chairman, we represent different clients. 



Mr. Leggett. Very good, or very bad, I do not know which. 



But, so be it. 



Who wants to go first ? 



STATEMENT OF WILLIAM A. BUTLER, WASHINGTON COUNSEL, 

 ENVIRONMENTAL DEFENSE FUND 



Mr. Butler. Bud has let me lead off. I do want to make a correc- 

 tion in the agenda, however. 



Mr. Leggett. The agenda will show that the Environmental De- 

 fense Fund is represented by Mr. William Butler. 



Mr. Butler. That is important. The two groups that you see be- 

 fore you have very different positions in both the administrative and 

 the court proceedings. In fact, in the court proceedings the Environ- 

 mental Defense Fund and the some 15 groups that it represents is 

 basically supporting the position of both the industry and the Gov- 

 ernment, asking for an interim regime of some take of porpoises 

 during the time required to issue final regulations for 1977. 



I might say that in the administrative hearings we suggested that 

 a quota be set for 1977 which was not only above the level initially 

 suggested by the National Marine Fisheries Service, but also above 

 the level put forth by the Marine Mammal Commission. So we have 

 been reasonable in compromising with the interest of the parties 

 on the other side. Mr. Fensterwald may speak speak for his own 

 group. They think we have been eminently unreasonable. 



There are very different positions being taken by the environ- 

 mental coalitions that you see sitting before you. I think it would 

 be a tragic mistake for this committee not to realize that there are 

 differences of opinions among the environmental groups on this 

 question. 



Mr. Leggett. You will be shown as representing the Environ- 

 mental Defense Fund, and you speak for that group and your asso- 

 ciated constituencies, and Mr. Fensterwald will be shown as speak- 

 ing for the fund for animals and whatever other groups with which 

 he might identify. 



Mr. Butler. Even that is wrong. 



Mr. Leggett. I will withdraw that. Let us not confuse the record. 



