ioo 



Mr. Butler. That is right. 



Having said that, obviously the industry wants more than that. 

 The environmentalists that we represent are queasy about our posi- 

 tion but nevertheless there is an uneasy coalition at this moment 

 among the three groups that at. least some interim take of porpoise 

 would be bettor than the present situation. 



That is not true for Mr. Fensterwald's elients, for whom he oan 

 speak. Tt is true that the industry is asking for more, but at the Very 

 leasl the common ground is for what the Government has requested, 

 which is to say that the interim preliminary regulations with a quota 

 of 10.000 go into effect for this period of time before the 1077 regu- 

 lations are final. 



Mr. Leggett. "Well, we will get a determination from the court 

 when it is prepared to act. 

 Mr. Butler. That is right. 



Mr. Leggett. "What would be wrong with a separate act of Con- 

 gress that does not amend the Marine Mammal Act, but just pur- 

 ports to affect that quick fix which would then evaporate when the 

 final regulations are adopted. 



Mr. Butler. I suppose your judgment is as good as mine on that. 

 My feeling would be that it is a mistake to have quick fixes, spe- 

 cifically statutory amendments of regulations for a period of 5 to 6 

 weeks: (a) practically it is difficult to do: (b) it sets a precedent and 

 encourages people to come in and ask for it again ; (c) I am not 

 absolutely confident that it is necessary, and (d) at least until the 

 National Marine Fisheries Service makes its final determination, 

 Congress could be accused of unduly influencing, I suppose, a deci- 

 sion of an administrative agency on such questions as taking of 

 spinner porpoise, and whether or not white-bellied and/or eastern 

 spinner are depleted. 



Questions of this nature are delicate and scientific. You heard the 

 Government today was unwilling to discuss the matter until the 

 regulations are final. 



Mr. Leggett. I do not intend that we would act prior to the im- 

 plementation of the regulations. 



But assuming that they did implement the final regulations with- 

 in a reasonable period of time 



Mr. Butler. As I understand it, after an administrative decision 

 during the comment period and/or after an unfavorable decision by 

 the court of appeals, special legislation to cover only the period of 

 maybe 4 to 5 weeks would be involved. There is no question in my 

 mind that the final decision of the Director for the National Marine 

 Fisheries Service will permit the taking of some porpoise. It may 

 make the industry unhappy, and it may make us unhappy as to 

 where he is going to come out, but there is going to be some taking 

 of porpoise. 



Again, I would only say from my own perspective that I think 

 that special-interest legislation covering a period of 4 weeks is, gen- 

 erally speaking, not a very good precedent for Congress, and in this 

 type of a situation I would prefer to see 4 weeks of continued school 

 fishing or skipjack fishing rather than set the precedent that special 

 interest groups, whoever they may be, can come in and get quick fix 

 legislation to authorize a few weeks of changed procedures. 



