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downward trend of the white bellied spinner. That is why it was 

 proposed to be zero initially. 



We were convinced by the arguments made by the various groups 

 that you see there that the proposal indeed, was a somewhat harsh 

 one. Therefore, because of the general level of the white bellied por- 

 poise, which is very high in spite of the fact that it is decreasing, we 

 feel that, after listening to the testimony on the record, that we could 

 go to the median— 7,800 to 8,500— which was recommended by the 

 Marine Mammal Commission and the Environmental Defense Fund. 

 This was after looking at the counts in the record. 



Mr. Leggett. But 7,700 is iy 2 percent of the median number of 

 549,000? 



Dr. White. Yes ; but this is the number that came out if one used 

 the midpoint value for being assured the population would increase. 

 It is a less certain number than virtually certain which was our 

 original proposal, but after seeing the testimony and given the 

 record, we felt that was too harsh and we increased it. 



Mr. Leggett. I do not understand how you made the determina- 

 tion that one number is too harsh and another number is what the 

 law requires? 



Dr. White. Well, the purpose of the hearing is to have consulta- 

 tion of the views of various groups. We make our initial proposals 

 based on our best judgments on how to determine the provisions of 

 the act, We do that in all good conscience and, if the hearings are 

 to have any value at all, presumably, then we should listen to the 

 views expressed in the hearings. We heard views in the hearings 

 which were different from ours and they convinced us. 



Mr. Leggett. They convinced you to use the median rather than 

 the 95 percent figure? 



Dr. White. This one we found to be convincing. 



Mr. Leggett. I do not understand how you exercize your discretion. 

 You used median in one case and the 95 percent accurate figure in 

 another case? 



Dr. White. No. The reason we used the median in this case is that 

 the population of the white belly is very high— 74 percent of its 

 original stock, so that the stock of porpoises is very good and at a 

 healthv level. 



Given the fact that it was that high, we felt we could relax our 

 proposal and this was supported by the views of the Marine Mam- 

 mal Commission and the Environmental Defense Fund in the 



record. 



Mr. Leggett. And the eastern spinner at 1.3 million is what per- 

 cent of the original ? 



Dr. White. 54 percent, so you see there is a very large difference of 

 20 percent in the status of the stock of the eastern spinner and the 

 white belly. 



Mr. Leggett. Is the white belly, in fact, increasing in number? 



Dr. White. No; it is declining, but it still is in very good shape. 

 We regard 74 percent as in very good shape. 



Mr. Leggett. All right, how does a tuna fisherman go about deter- 

 mining when they make their sets where their stock are mixed or 

 not? 



