168 



Mr. Leggett. Have you ever had any comments? 



Mr. Schoning. Yes. 



Mr. Leggett. What kind of comments do you get? 



Mr. Jensen. The comments, in general, have been along the line 

 of issuing or not issuing a permit in the numbers that have been 

 requested. 



Mr. Leggett. Does it reargue the regulations again? 

 Mr. Jensen. In some cases, yes. 



Mr. Leggett. But that is senseless. Does that make good sense to 

 you? 



Mr. Jensen. If we are administering nonsense, we ought to admit 

 what has merit and what is the nonsense. 



So, here we have a bare request with a bare bones number of boats 

 going to a judge who, apparently, has no discretion in the matter 

 but can order a review and we have got a comment period on some- 

 thing that has had so many comments that it has created volumes 

 of material that this committee has not even been able to work on or 

 look at. 



I presume the President means what he says and says what he 

 means when he says to the maximum extent of feasible we ought to 

 cut down on the paperwork in this administration. 



So is there anybody in this room here that would have anv com- 

 ments to make on an application under this law during the 30 dav 

 period ? to J 



Let the record show that there is silence. 



Mr. Forsythe. Mr. Chairman? 



Mr. Leggett. Yes. 



Mr. Forsythe. Going back to the comment period this applies to 

 all marine mammal permits for scientific and public display. In thesp 

 cases there is a very reasonable reason for comment as to whether it 

 is actually scientific taking and I think maybe we should be a little 

 careful of eliminating the comment period. 



Mr. Leggett. Does the 59,000 also include scientific taking? 



Dr. White. This is only the incidental taking. 



Mr. Leggett. The scientific taking was substantial because they 

 took nine out of the Elizabeth CJ. run, you recall. 



Mr. Forsythe. Yes, I think you have to cut this so you do not 

 invade that area of comment. 



m Mr. Leggett. I am not talking about amending anything, I am 

 just talking about where we generally are. 



Mr. de la Garza. May I ask a question in this respect ? 



Mr. Leggett. Yes. 



Mr. de la Garza. In the regulations, I cannot tell the page here 

 but it is capital B and then two small i's. 



Mr. Leggett. What page are you reading in the regulations ? 



Dr. White. In the top right there is a number. 



Mr. de la Garza. That is where it is clipped, on the regulation, on 

 the third page, capital B and then toward the bottom of the page, it 

 quotes section 216.3. 



A certificate holder may take such steps as are necessary to protect his 

 catch, gear or person from depredation, damage or threat of personal injury; 

 however, all marine mammals taken in the course of a marine fishing oper- 

 ation shall be subject to the provisions of section 216.3. 



