116 



both foreign and domestic, thai this problem can ultimately be resolved satis- 

 factorily At this moment, approximately 70 75 percent of all porpoises killed 

 Incidental to commercial tuna operations are killed by U.S. Hag vessels. How- 

 ever as vessel technology Is transferred and as U.S. regulatory efforts under 

 the MMPA become successful, this ratio is bound to change. Legislation al- 

 rea.lv on the hooks (both the MMPA and the Pelly Amendment to the Fish* 

 ermen's Protective Act) provide agencies of this government with the power 

 to require the same standards of foreign boats that we do of our own vessels 

 if they are to maintain the U.S. as a market. This significant incentive, plus 

 promising developments in the IATTO and the possibility for forthright bi- 

 lateral negotiations, make the prospects of equitable regulation for all com- 

 mercial tunaboats, as well as the prospects for international porpoise pro- 

 tection, seem at least hopeful. Once we have gotten the problem in hand at 

 home, environmentalists look forward eagerly to helping the government and 

 the industry resolve the problem abroad. It is in this international arena that 

 Congress should now be focusing its attention, with questions on how force- 

 fully the international sections of the MMPA are being implemented by the 

 responsible agencies. 



The present spate of litigation concerning the lack of porpoise regulations 

 for the first four months of 1977 is the aftermath of serious errors of judg- 

 ment made by NMFS during 1976. This situation need never again occur, and 

 in any even cannot be eliminated by legislative amendment. Now that NMFS 

 has shown itself willing to implement the existing Act with some imagination 

 and enthusiasm, it would be tragic to slow momentum again with changes in 

 the rules. The effect of the Act upon the tuna industry has not been severe 

 in the past, is not now, and need not be in the future. Almost all environ- 

 mental groups concerned with this problem, certainly the ones the Environ- 

 mental Defense Fund represents, have accommodated their positions in both 

 the recent administrative hearings and court litigation to the interests of 

 the other parties, including the economic interests of the industry. To under- 

 mine by weakening amendments progress made to date would have the ironic 

 effect of reducing current incentives to solve this problem just when coopera- 

 tive solutions appear to be at hand. 



Mr. Butler. This late in the day, I do not think anyone has the 

 heart to go through an entire 7-page statement verbatim, so I will 

 try to summarize : 



Let me try to be optimistic. 



The current legal confusion concerning the tuna/porpoise program 

 is deceptive. It would admittedly appear at first glance that we are 

 no closer to a solution to this vexing problem that we were last year 

 at this time. 



Litigation is proceeding in two judicial circuits: administratively 

 the National Marine Fiseries Service has not yet issued its final 1077 

 porpoise regulations, which, for procedural reasons, will not go into 

 effect in any event until April ; and efforts are again being made 

 by the industry to capitalize on the situation by proposing weaken- 

 ing amendments to the Marine Mammal Protection Act. 



Mr. Leggett. And, I might add, the inability of the Marine Mam- 

 mal Commission to come up with more expeditious recommendations 

 and perhaps this committee to be more forthright in seeing that 

 action was taken by these agencies in the 2-year grace period. 



Mr. Butler. You said it. Mr. Chairman, not me. 



However, it does strike me, in the last year or two this committee 

 has been a strong positive factor in getting the train on the tracks. 



Two examples of immediate importance spring to mind. 



Then I go on here to suggest that, at most, this is a 6- to 7-week 

 problem for the rest of this year. 



There is thus neither time nor reason to amend the act in order 

 to provide relief to the industry for this interim period. And the 



