155 



seiners, sometimes called 'super seiners' cost about $4.5 million to construct, 

 plus another $600,000 for outfitting. They are built particularly to fish on 

 porpoise . . . Until recently, these large seiners caught approximately 2,000 

 to 4,000 tons of tuna per year worth $1-2 Million." (p. 114) 



"There exists on about 104 seiners mortgages, liens and other encumbrances 

 of nearly $206 million . . . held by banks and insurance companies. Such in- 

 debtedness would place a major obstacle to transfering the vessels to foreign 

 flags." (p. 117) 



However, three vessels did transfer in 1976, two to Mexico, one to New 

 Zealand. 



In enforcing the proposed import restrictions to force foreign purse seiners 

 to adhere to the regulations the Judge recommended that "the regulation seek 

 a certified list of U.S. citizens crewing foreign seiners." If U.S. citizens are 

 not conforming to the regulations they are personally subject to the penalties 

 of the Act — a fine of up to $10,000 and /or a year in jail. To date, however, 

 there have been no fines nor any revocations or suspensions of certificates. 



The time for enforcement, including penalties for the minority of skippers 

 who are killing the majority of dolphins. It is clear that if NMFS insists that 

 Certificate Holders take the Act and regulations seriously the entire problem 

 will be solved. 



Mrs. Stevens. All right; fine. 



Thank you. 



One of the things that struck me was so little has been said about 

 the bad boats although there has been a good deal of publicity about 

 it. 



It was only at the very end of this hearing that this question really 

 arose. 



Mr. Chairman, you know I have often spoken about the fact that 

 this law should be enforced and, if it would just be enforced, we 

 would solve a lot of problems. If some of the bad captains actually 

 go to jail or maybe some of the boat owners, who would have to pay 

 a substantial fine going up to $10,000, we might get some place with 

 this; but the National Marine Fisheries Service has never brought 

 any case for prosecution against anyone in the tuna industry. 



It is just incredible. It is as though this was something different 

 from what the Congress passed. 



As you know, a man who went out and caught 30 dolphins to sell 

 for dolphin shows was prosecuted and had to pay a substantial fine. 

 Now, what is wrong with having the bad captains of the bad boats 

 be penalized ? That is what is necessary. I hope that will be done. 



Now, I would like to emphasize what has only been said at the 

 very end of the hearing; that there has not been steady progress. 

 There simply has not been. But it sounds now as if there could be 

 great progress. 



Progress on the Elisabeth C. J. and other progress we heard about 

 today, Mr. Chairman, shows that if there is the will to do it on the 

 part of all the captains, they can meet even the lowest quota that 

 has been proposed, which is 29,920. I believe. 



However, over a period of years it has been perfectly clear that 

 there are quite a few captains who are not motivated to save the 

 dolphins. I repeat what I have said several times at these hearings 

 before : in 1974, 40 percent of the mortality was estimated to be be- 

 cause there were not two rescuers at the cork line as specified by the 

 regulations. That did not require any great scientific expertise. AH 

 it required was the will to do it. And If there is the will to do it, 

 they can do it. 





