229 



Mr. Felando. Well, we think it is very enforceable. We have an 

 informer's fee of $2,500. 



Mr. Leggett. Has anybody ever collected that fee? 



Mr. Felando. No, but it is there. And the fact is that 



Mr. Leggett. Then Mr. McCloskey is right in some of his alle- 

 gations. And if that informer's fee is still on, it would seem that it 

 might be an incentive. 



Mr. Felando. The fact is that there is a criminal penalty of im- 

 prisonment for 1 year and a $20,000 fine; and I think forfeiture of 

 the entire cargo can amount to a criminal penalty. 



Mr. Leggett. There has been no forfeiture to date? 



Mr. Felando. No, but I have been involved in the forfeiture 

 penalty aspect in the Tuna Conventions Act, and I know the conse- 

 quences of that and the industry is fully informed. We know what 

 can be done in court, and we know what the impact of the violations 

 are, Mr. Chairman, of the penalties are. And you have people that 

 have made tremendous investments — investments that have gone on 

 through generations now — and people are not going to take that 

 risk. We know they are not going to take that risk. 



Mr. Leggett. Now, there was some indication some place that the 

 tuna industry was overcapitalized. Maybe that was from the GAO 

 report. 



Mr. Felando. I have examined that GAO report, and I cannot 

 find anything in there that suggests that. We have heard that same 

 argument now; the same argument was made, and the administra- 

 tive law judge denied that completely, Mr. Chairman, that there 

 was an overcapitalization in this fleet. The fact is that the fleet has 

 increased its ability to compete. And the investment that was re- 

 quired, it was made in the late sixties. Yes, about 78 of the 113 

 vessels in class III have been built since 1969. And that is why 

 we have the ability today to go fish in the South Atlantic to adjust 

 to the yellowfin tuna conservation program. 



And, incidentally, the area in the CYRA outside of the CRYA is 

 the second most frequented area in the world today with respect to 

 cyclonic storms, and you have to have large vessels to fish out there. 



And because of the investment that has been made in the industry, 

 we do have the opportunity to develop new areas in the central and 

 western Pacific. And we want to continue this opportunity to invest 

 in our vessels and in new vessels and in new gear. 



But I think because of the faulty administration of this act, be- 

 cause of the action of certain militant lobbying groups in Washing- 

 ton, D.C., and other persons who do not properly inform the U.S. 

 public, because of the harsh and, I think, unwise judicial decisions, 

 and because, I think, of a misinformed and yet unresponsive Con- 

 gress, and also because of, I think, actions by tuna industry repre- 

 sentatives who have failed, I think, in properly expressing the fish- 

 ermen's side and failing to present the fact that the fishermen basic- 

 ally rely on the porpoise for their economic survival — and I think 

 that is why we are in trouble today. Well, I do not think anyone is 

 free of being attacked for not doing the job right. 



And I am just suggesting there is a need to amend this act. There 

 is a crying need to amend this act. 



