232 



man he can make it on that basis, and see what he says. He cannot 

 do it. 



Mr. Leggett. 6.500 what? 



Mr. Felando. He has to have the right to fish on mixed schools; 

 he has to have the minimum we are suggesting of 6.500 on the 

 eastern spinners, an increase of another 9.000 or 8.000 to the allotted 

 7,800 for the white-belly spinners; that comes to around 17,000 

 white-belly spinners. 



Mr. Leggett. Of course we are in a situation where regulations are 

 promulgated 



Mr. Felando. Yes. 



Mr. Leggett [continuing]. And so thev can go through a new 

 promulgation of regulations. I mean the Congress cannot amend the 

 regulations. It can amend the law. 



Mr. Felando. Yes. 



Mr. Leggett. But the time it would take the Congress to review 

 this total matter and come up with specific numbers would 



Mr. Felando. We are not suggesting that Congress should do that. 

 I do not think that is their expertise. 



Mr. Leggett. Well, if the administration is going to go back and 

 repromulgate, it is going to take a couple of months; is it not? How 

 do they modify the regulations now that they are published? 



Mr. Felando. I do not know. I would have to talk to counsel on 

 that. 



Mr. Leggett. We are talking about what is the art of the possible 

 at this point. 



Mr. Felando. Yes; we are faced with the fact 



Mr. Leggett. And I recognize your desire for 17,000 whitebellies 

 and your 6.000 eastern spinners and the additional number of 

 the spotted, but it is not possible at this point. 



Mr. Felando. Well, we are faced with the fact that we do not even 

 have a permit. We expect to file our application this week. The 

 possibility of getting a permit now is April 11 people say, and now 

 we are faced with a lawsuit. 



And a motion on a preliminary injunction probably will be set. 

 And what does that do? If the preliminary injunction is issued, 

 where are we? 



Mr. Leggett. Oh, anvbody can file a lawsuit. 



Mr. Felando. Well, the issuance of the preliminary injunction, if 

 it goes forward, where are we? 



Mr. Leggett. Of course, you are talking about what possibly 

 might happen. And I do not know what judge has got this lawsuit. 



Mr. Felando. I think we are faced with the fact that the law has 

 created this morass of difficulties. 



Mr. Leggett. You do not think as a lawver. 



All right, let's see. Is there anything further? 



Mr. Mulligan, do you want to sav something? 



Mr. Mflligan. Thank you, Mr. Chairman. I want to add the voice 

 of the TT.S. tuna canner to our comments today. I am John Mulligan, 

 executive director of the Tuna Research Foundation in Terminal 

 Island, Calif., which is a nonprofit trade foundation representing the 

 major tuna processors in the United States. 



