131 



The recommended modification is suggested for reasons set forth in preceding 

 lections. 



23. Section 216.24(d) (3) (i), (d)(4)(i), and (d) (5) (i) should be modified 

 to read the same, respectively, and for the same reasons as the recommended 

 modification of Section 216.24(d) (1) (i) set forth in recommendation 10 above. 



24. Section 216.24(d) (3) (ii), (d) (4) (ii), and (d) (5) (ii) should be modified 

 to read the same, respectively, and for the same reasons as the recommended 

 modification of Section 216.24(d) (1) (ii) set forth in recommendation 11 above. 



25. Sections 216.24(d) (3) (iii), (d) (4) (iii), and (d) (5) (iii) should be modi- 

 fied to read the same, respectively, and for the same reasons as the recom- 

 mended modification of Section 216.24(d) (1) (iii) set forth in recommendation 

 ,12 above. 



26. Section 216.24(d) (3) (iv), (d)(4)(iv), and (d) (5) (iv) should be modi- 

 fied to read the same, respectively, and for the same reasons as the recom- 

 mended modification of Section 216.24(d) (1) (iv) set forth in recommendation 

 13 above. 



27. Section 216.24(d) (3) (v), (d)(4)(v), and (d) (5) (v) should be modified 

 to read the same, respectively, and for the same reasons as the recommended 

 modification of Section 216.24(d) (1) (v) set forth in recommendation 14 above. 



28. Section 216.24(e) (i) should be modified in accordance with the recom- 

 mendation of Judge McAlpin which is consistent with the proposed modification 

 suggested in the Commission's brief. 



The recommended modification clarifies the section so as to make it con- 

 sistent with the intent of the agency (Statement of Mr. Jensen, TR 70, 71) and 

 with Section 101(a)(2) of the Marine Mammal Protection Act, which clearly 

 i suggests that the "standards" to which foreign fishing operations are to be com- 

 pared are the rates of incidental mortality and injury and not the specific pro- 

 visions of the regulations. Such an interpretation affords other nations the op- 

 portunity to develop alternative fishing techniques which may result in an inci- 

 dental mortality and injury rate below that of the U.S. 



29. Section 216.24(e) if 2) (iii) should be modified in accordance with the rec- 

 ommendation of Judge McAlpin which is consistent with the proposed modi- 

 fication suggested in the Commission's brief. 



The recommended modification clarifies the section so as to make it comply 

 with Section 101(a) (2) of the Act. 



30. New Section 216.24(g) should be inserted in accordance with the recom- 

 mendation of Judge McAlpin which is consistent with the proposed modification 

 suggested in the Commission's brief. 



The recommended modification implements Section 106(c) of the Act and is 

 designed to aid in enforcement of the regulations (Statement of Mr. Woldstadt, 

 TR 342). 



The Commission recommends adoption, as final regulations, of the proposed 

 regulations as modified in accordance with the recommendations set forth above 

 and those of Judge McAlpin which are not inconsistent with such recommen- 

 dations set forth above and those of Judge McAlpin which are not inconsistent 

 with such recommendations and to which we have not addressed our comments. 

 We would be pleased to discuss these comments and recommendations with 

 you at your convenience and hope they have been of some assistance to you. 

 Sincerely, 



John R. Twiss, Jr., 



Executive Director. 



Mr. Butler. Let the record show that it was the Chairman's assess- 

 ment rather than the witness's assessment. 

 Mr. Leggett. That is true. 

 Now, we are clown to Mr. Fensterwald. 



STATEMENT OF BUD FENSTERWALD, COUNSEL, COMMITTEE FOR 

 HUMANE LEGISLATION AND FRIENDS OF ANIMALS 



Mr. Fexsterwaed. Thank you, Mr. Chairman. 

 Mi'. Leggett. Very nice to have you before our committee. 

 Mr. Fexsterwaed. Thank yon. 



I do not have a prepared statement. I did not know of the hearing 

 until fairly late in the game. 



