198 



ing the interests of both environmentalists and the industry. None- 

 theless we are willing !<> look ahead, not back, in a spirit of construct 

 tivo conciliation. We would be remiss, however, if we did not take 

 this opportunity to detail for the committee the basis for some of our 

 unhappiness with Director Schoning's February 24 determination, 

 sin.-' the industry is attempting to make it appear it was the sole, 

 or at least major, loser in that decision. 



Our dissatisfactions with the decision include the following: 



(1) The 59,000 porpoise quota is still too hdgh; 



(2) OSP is defined as a range between 50 to 70 percent of pre- 

 exploitation population levels, whereas we believe OSP to be the pre- 

 exploitation population levels themselves; 



(3) Provision is made for observers only while the quota is not yet 

 me t — after the quota is met observers are to be returned to port 

 despite their obvious continued usefulness for compliance and scien- 

 tific observation purposes; 



(4) At-sea proficiency tests are not required of skippers before 

 receiving certificates of inclusion; 



(5) Having observers on 100 percent of the trips is not required; 



(6) No provision is made for increased U.S. pressure on the 

 IATTO to set up an international observer program; 



(7) No guidelines are offered skippers on conditions of wind, sea, 

 and darkness under which not to set; 



(8) The import provisions do not require foreign governments to 

 describe recent enforcement efforts of whatever laws they have al- 

 legedly in effect protecting marine mammals; and 



(9) The import provisions fail to define what is meant by the 

 power given the NMFS Director to permit imports from foreign 

 countries which in his opinion do not have an "incidental mortality 

 and serious injury rate in excess of that which results from fishing 

 operations under these regulations." 



(10) We are also unable to comprehend how last year's kill — 

 until November 11 — could have been 104,000, as is now estimated by 

 NMFS, when the 1976 quota was 78.000, even recognizing litigation 

 prolonged the season 3 weeks. Nor do we understand how NMFS con- 

 templates preventing such overshooting of the mark in 1977. 



In short, we have much of which to complain, yet adhere to our 

 position before this committee February 17 that amendment of the 

 Marine Mammal Protection Act is unnecessary. 



The industry does not feel so constrained : It combines loud and 

 lusty complaints about the 1977 regulations with frantic appeals for 

 legislative relief. Its claims of irreparable injury are grossly exag- 

 gerated. 



1. The 'proscription on taking eastern spinner porpoise 



The industry asserts that the ban on taking of eastern spinner por- 

 poise — because found by the NMFS to be depleted — prevents fishing 

 on mixed schools, thereby eliminating most setting on porpoise. The 

 facts are otherwise. 



Eastern spinner porpoise are found relatively close to shore, within 

 the SYRA internationally controlled zone. The permissible quota 

 of tuna from this zone is likely to be met by late March or early 

 April. 



