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Mr. Leggett. All right. Colonel Kaufman. 



Colonel Kaufman. I will be very brief. I am president of Monitor, 

 Inc. I am speaking for the same groups as Bill Butler with the ex- 

 ception that I just represent those that are a part of my line of 

 consulting. 



One reason I felt it very important to join Mr. Butler is that 1 

 appear on the witness list as a representative of the American Tug- 

 boat Association. 



Mr. Rogers. May I ask a question? 



Mr. Leggett. Yes. 



Mr. Rogers. Have you been an observer? 



Colonel Kaufman. No, sir. 



Mr. Leggett. You are categorized in the wrong group. However, 

 we have not been misled. 



Mr. Butler. It was an accidental instead of an incidental take. 



Colonel Kaufman. I would like to identify with the excellent testi- 

 mony William Butler has given. 



I have a few quick points. The first one relates to a very cogent 

 argument for attempting to solve this problem by amendments to the 

 regulations, or possibly some clarifying letters, rather than by 

 amending the Marine Mammal Protection Act. 



This argument, which has not been made adequately today, relates 

 to the pressing need to get on with getting the other nations that fish 

 in the CYRA involved in protective measures for porpoise conserva- 

 tion. 



Before the 1st of July there is to be a special meeting to consider 

 an international porpoise conservation program. If we go to that 

 meeting having amended the Marine Mammal Protection Act as it 

 affects the tuna-porpoise controversy when, for the first time, we are 

 beginning to make progress toward having the industry and the 

 government take enforcement of this act very seriously, it obviously 

 is going to weaken greatly the hands of the IT. S. delegation in an 

 attempt to get the foreigners to take the problem seriously. 



It also will have implications in the very sensitive negotiations that 

 will be underway within the IATTC. 



The other point I would like to make, Mr. Chairman, relates to 

 the fact that rather than avoiding the protective porpoise provisions 

 of the act, we should again urge the industry and the government to 

 develop on a quick-fix basis, an ability to abort problem sets. We 

 have talked about that in very forum in which we have talked about 

 the tuna-porpoise problem. 



Mr. Leggett. We solve that by getting an observer on each boat. 



Colonel Kaufman. It certainly would help, and we strongly sup- 

 port that. However, the point I am making is that only when we 

 have an observer on every boat will we be able to have quotas on 

 individual species that are enforceable. And when it is found that 

 proscribed animals are within the net, it is very important that the 

 regulations require that the set be aborted to avoid killing those 

 animals, to avoid, in effect, breaking the law. 



Mr. Leggett. That is in the regulations. 



Colonel Kaufman. I am just saying that this is a capability that 

 the skippers ought to have that they don't have now except on a very 

 brief portion of the whole cycle of setting on porpoise. 



