120 



for skipjack and small ycllowfin "on logs", so the total amount 

 taken out of the CYRA is going to be tremendous. 



Mr. Leggett. What is your estimate? 



Mr. Butler. I cannot estimate the specifics. I do not know the 

 specifics. 



But I do know this: that if the foreign fleet is only a quarter to 

 a third of the size of the U.S. fleet, and if the U.S. boats are claim- 

 ing that thus far their diminished take or the total diminished take 

 has only been something like 2.000 tons this year to date compared 

 with late, and the U.S. diminishment in take this year over last has 

 been only 10,000 tons, that is going to result in the U.S. fleet being 

 way ahead of the foreign fleet in total catch by the time the quota 

 is not. 



The next point that I wanted to raise is that there was some testi- 

 mony that new fishing areas cannot be developed under the Richey 

 interpretation of the law. That is wrong. If new areas are to be 

 developed for fishing on porpoise, a permit will be required, but that 

 can be done. 



If porpoise fishing is not to take place, any experimentation that 

 is necessary can take place right now, without a permit. 



For example, the administrative hearings heard that a number of 

 U.S. boats fished last year and will fish again this year off the coast 

 of New Zealand, and that is experimental fishing, and fishing which 

 is in no way affected by the Richey order, permits or otherwise. 



So with these very minor, I think, housekeeping details, I just 

 do want to stress to the Chair that it is our impression from the 

 result of these NMFS hearings that, if the administrative decision 

 by the National Marine Fisheries Service is such that it keeps the 

 pressure on the industry to implement the improvements which we 

 already know can be made, finally, 5 years after the passage of this 

 art, 1977 will be the first year in which it truly works. Next year at 

 this time there will be no excuse for the confusion we currently find 

 about whether there can be any taking during the period before good 

 regulations are unusual, because any hearings which need to take 

 place for the 1078 permits can be done well in advance of the time 

 when it is necessary to make this decision, and the fishing can com- 

 mence under those rules beginning next Januarv 1. 



It is too bad that it has taken us 5 years, and it is too bad from 

 our point of view that we have this 3-month period in which there 

 is a frantic battle going back and forth in the courts, which is._ at 

 the very least, embarrassing to all concerned, and terribly consuming 

 of time, money, and energy. 



But there is nothing that legislation can do to remedy that which 

 were basically errors in judgment made last year. We look forward 

 in 1977 to a far improved performance by the fleet, and one which 

 will in fact meet most of the standards which have been set forward 

 bv the act. 



' That may be unreasonably optimistic, but in this date in February, 

 on a gloomy afternoon, having listened to a day's recitation of prob- 

 lems in implementing the act, it seems to me that someone needs to 

 say something about how this body in passing the NMPA 5 years 

 ago, might have had some sense, too. 



