163 



I do not have a prepared statement and I will address some of the 

 key questions that are embedded in the promulgation of the regula- 

 tions. 



Mr. Leggett. Let the record show you are here with Mr. Bill 

 Brewer, your counsel, and Robert Schoning, the director of the Na- 

 tional Marine Fisheries Service and perhaps others. I see Dr. Fox 

 is here. 



Dr. White. In addition to the people at the table, there are addi- 

 tional people from my organization who can answer the questions 

 that the committee may have. 



First, let me say that the decisions embodied in these regulations 

 were difficult, indeed. There are manv aspects of the regulations and 

 I will comment on several which I think are of greatest concern 

 and, perhaps, among the most difficult. 



The first deals with the general level of quotas for the taking of 



porpoises incidental to tuna fishing. As you know, we have proposed 



a total of 59.050. This number is allocated by individual species and 



the number allocated by species has been specified in the regulations. 



Mr. Leggett. Let me see. are there any allocated for the spinner? 



Dr. White. No. I am going to get to that question. 



Mr. Leggett. OK. 



Dr. White. Perhaps the most difficult question we had to address 

 dealt with the regulation of the eastern spinner porpoise and the 

 status of that stock. 



Our regulations are based upon our finding that the eastern spin- 

 ner porpoise is depleted under the terms of the act. 



With this finding of depletion, it then becomes impossible under 

 the terms of the act to allow any take of the eastern spinner porpoise. 

 Therefore, any mixed schools of porpoise which include eastern 

 spinner^, are not available for setting in connection with tuna fishing. 

 We fully appreciate that this finding and the regulations that 

 followed from this finding created serious economic hardships for 

 the industry. But after examining the record and the arguments 

 pro and con with regard to the question of depletion, and there are 

 legitimate scientific differences of view as to whether the eastern 

 spinner porpoise is depleted, we have come to the decision that we 

 had no option but to declare the eastern spinner porpoise depleted. 

 Now, I have testified before this committee before, Mr. Chair- 

 man, and I have expressed my personal views that giventhe court 

 interpretations of the act and the way the act is now written, that 

 the course which we are now following is going to be disastrous for 

 both the tuna industry and the porpoises. 



I would like to just briefly quote from the recent decision of the 

 Ninth Circuit Court of Appeals in Los Angeles on the 24th of Febru- 

 ary because it reflects very clearly, the kind of problem which all of 

 us confronts. 



In eivinsr its decision and returning the jurisdiction to the court 

 of appeals here in the District, the court said "This action reflects 



our belief that these 



Mr. Leggett. What is the date of that decision? 

 Dr. White. February 24. 



"This action reflects our belief that these hardships"— and they 

 are talking about the hardships in the industry— ". . . have the 



