154 



XMFS takes its time but the judge calls for action 



An account of some of the findings from the scientific observations on the 

 "Elizabeth C J." cruise showed what should be done. "As with floodlights, how- 

 ever, the NMFS states it has not had sufficient time since the hearing to de- 

 termine the specific language of a regulation pertaining to faceplates or rubber 

 rafts but it intends to continue to examine the problem." (Emphasis supplied) 



The Judge states, "It is found that the use of floodlights during these types 

 of sets will reduce mortality greatly. Therefore, as a start and at the very least 

 it is concluded and recommended that the regulations should require that all 

 vessels be equipped with adequate floodlights and that they be required to be 

 used if the backdown procedures occur in darkness. It is also found that the 

 use of rescuers on speedboats and/or rafts during sundowners lessen por- 

 poise mortality. It is concluded and recommended that the regulations should 

 require these procedures where the backdown occurs in darkness." The Judge 

 further recommended ". . . Mandatory use of faceplates . . . and use of rubber 

 rafts" and "two speed boats on all classes of vessels." (pp. 43-44) 



Porpoise rescue foundation takes its time too 



The Judge notes : "In a random survey of some 29 cruisers since May, 1976, 

 it was indicated that 35 to 40 percent of the mortality was caused by three 

 vessels. Take this chilling thought. In another instance, one tuna boat ac- 

 counted for 15 percent of total porpoise mortality ! . . . such carnage must 

 cease." (pp. 50-51) 



The industry-inspired Porpoise Rescue Foundation (PRF) seems decidedly 

 less exercised, however." The PRF has analyzed the trips of vessels and it 

 intends when time permits to consult with skippers of problem vessels. Prob- 

 lems stemming from stress, sometimes confusion and pressures from other 

 matters, in the porpoise-tuna problem in 1976, have prevented the group from 

 carrying out its tasks." (p. 45) 



"As soon as determination of research projects vessel operations, costs and 

 funding provisions are completed the industry will also dedicate a vessel for 

 porpoise research in 1977. The dedicated vessel will be available for about 

 250 days at sea, . . . funded by the industry including the boat owners and 

 cost about $2.5 to $3 million for 1977 ... the cost of the dedicated vessel is 

 correlated to the amount of yellowfin it catches. The greater amount caught, 

 the less the cost, to a point where its cost of operation may be nominal." 



Commenting on the NMFS proposal on suspension or revocation of skippers' 

 certificates, the Judge wrote, "This is weak as water. There should be a more 

 expeditious and certain procedure to deracinate those shown to be incompe- 

 tent from fishing on porpoise. The spirit of the act demands nothing less." 



The Judge recommended that the regulations be amended to get evaluations 

 from observers as "to whether or not the certificate holder is performing 

 according to the regulations." (p. 150) He supported the provision in the pro- 

 posed regulations that "a certificate holder who fails to comply with the pro- 

 visions of the permit and applicable regulations subjects himself to revocation 

 of the certificate and/or the right to be included under a general permit and 

 to the penalties provided in the Act." (p. 155) 



Big, new tunaboats worst offenders 



"The bigger, and particularly newer vessels . . . have large operating costs 

 and fixed charges which are economic inducements to seek larger catches, 

 many times in areas where porpoise associate with the fish. This is principally 

 the reason why such vessels have high porpoise mortality." wrote the Judge. 



"There remains always the possibility," he continued "of the seiners con- 

 verting to bait boats. Although the conversion is possible, it would be extremely 

 costly." (p. 105) 



The whole concept of the huge new seiners was wrong to begin with. Mil- 

 lions of dolphins have been sacrificed to a greedy industry which now claims 

 it is in financial straits. The Judge points out, "The larger vessels, particu- 

 larly in the 1,100 ton capacity range will have the greater difficulties because 

 they are relatively new and have large charges for interest and depreciation." 

 (p. 109) 



"In the late 1960's and early 1970's, size and carrying capacity of seiners 

 gradually increased, with a few of the latest additions to the fleet capable of 

 holding more than 2,000 tons of tuna. These new, modern, long-range purse 



