137 



words, 98 percent are released each time. If 2 percent equals 100,000, 

 100 percent equals 5 million, is the number "taken." 



I cannot help but think that this continuing capturing and releas- 

 ing has a deleterious effect on those animals, it is very traumatic to 

 be captured time after time after time, even if the animals adapt 

 somewhat to it. You are changing their lifestyle and you are intro- 

 ducing a constant element of terror into the large populations of 

 porpoise in this Pacific area, and I think Congress recognized that in 

 1972, and I think it should be kept in mind at this time. 



I also believe that the provisions in the act relating to observers 

 should be straightened out. It is the position of the Government that 

 the observers can only be abroad tuna boats for scientific reasons. 

 There is nothing in the act that mandates that, but that is their 

 conclusion. They are very reluctant and will not put observers on 

 board strictly for enforcement purposes. 



If we are going to save the porpoises, we have to have one ob- 

 server on each boat on each voyage on those tunaboats that set on 

 porpoises. I think, if necessary, those can be paid for by the industry 

 itself. There is nothing to prevent this. 



Lastly, I think that the import provisions in the law should be 

 clarified, because, at the moment, it is not clear whether it is fish that 

 was caught by standards less than ours, or fish from fleets with 

 standards less than ours that should be kept out; and I think that 

 point should be clarified, because at the moment I do not think that 

 the law can be intelligently enforced. 



If the committee would like, I would submit some amendments to 

 the act. Although I understand this is an oversight hearing and not 

 a legislative hearing. However I could submit them to Mr. Spensley, 

 if the committee would find them helpful. 



Mr. Leggett. Good. We would be pleased to have all the amend- 

 ments that you would be interested in, and we certainly will con- 

 sider those and your views on the lack of enforceability of the em- 

 bargo are appreciated. 



[The following was received for the record.] 



Proposed Amendments to the Marine Mammal Protection Act 



Section 3(12) is changed to read as follows: The term "secretary" means 

 the Secretary of the Interior as to all responsibility, authority, funding, and 

 duties under this act with respect to all marine mammals. 



Section 101(a)(2) of the Marine Mammal Protection Act (16 U.S.C. 1371 

 (a) (2) is hereby amended to read as follows: 



"The incidental kill or incidental serious injury of marine mammals per- 

 mitted in the course of commercial fishing operations is hereby terminated 

 and no more permits shall be issued persuant to section 104 of this title. As 

 a prerequisite to the domestic landing of fish by a U.S. tuna seiner, there shall 

 be a sworn certificate by an observer, who shall have been placed aboard by 

 the Secretary for the whole cruise on which the fish were caught, and who 

 must certify that no nets were set upon porpoise during the cruise. The Secre- 

 tary of the Treasury shall ban the importation of tuna in whatever form 

 from countries whose tuna fleets contain purse seiners unless and until he 

 shall have made a thorough investigation and published in the Federal Reals 

 ier bis conclusion that the laws and regulations of that country art 1 as strin- 

 gent as U.S. laws as to the taking of porpoise, and that those laws and regu- 

 lations are in fact being enforced." 



Add a new subsection at the end of Section 101 as follows : 



