248 



of an enforcement policy ms previously suggested" was the best legal argument 



.1 iir minimus accidental take of a depleted stuck. 



i trust thai I have been faithful to your position. 



Sincerely. 



Herbert I>. Bi.att. 



Assistant General Counsel. 



Mr. Kisi \p.ii). T should note, however, that the second point that 

 I was referring to involves: what do yon do when yon determine that 

 someone has accidentally taken an eastern spinner? That is the en- 

 forcement policy question. And that i< one that is still, T think, under 



consideration in terms of whether there ran or will be an official an- 

 nouncement that no one will he prosecuted. And we have not ren- 

 dered that policy determination or advice in writing. I do not think 

 the National Marine Fisheries Service has. either. 



Mr. Ijeggett. Thank yon very much. 



Mr. Butler, do you want to ask a question ? 



Mr. Butler. Yes, Mr. Chairman. 



Would a question from the floor he appropriate to Dr. Chapman? 



Mr. Leggett. Why don't you ask me and I will ask him. 



Mr. Butler. Mr. Alverson submitted for the record — in criticism 

 of my testimony — some amended National Marine Fishery Service 

 porpoise population charts, which he also submitted to the adminis- 

 trative law judge, in which occasional sightings outside of the es- 

 tablished range over the last year or two have been plotted — and 

 this is particularly with regard to the eastern spinner. I wanted to 

 ask Dr. Chapman whether, in his expert opinion, the fact that the 

 eastern spinners have occasionally been seen outside of their gener- 

 ally established range, Mr. Chairman, meant to him that their range 

 was growing or had been underestimated in the. first instance? 



Mr. Leggett. Are you able to respond to that question? 



Dr. Chapman. Yes; I would be glad to respond to that question. 

 Mi-. Chairman. 



This is. of course, an important matter that has been under discus- 

 sion between Mr. Alverson of Living Marine Resources and the Na- 

 tional Marine Fisheries Service and myself and others in the Marine 

 Mammal Commission for some time. 



We are looking forward to seeing the papers and information that 

 Mr. Alverson has collected, to be able to evaluate that to see whether 

 or not it is as he suggests — namely, an extension of range, or whether 

 it is just occasional sightings, or perhaps the whole thin<r pulsates 

 back and forth, or some other possibility. These explanations have 

 been siur£ested as alternatives to Mr. Alverson's siuriiestion. 



And the National Marine Fisheries Service has been carrying out 

 extensive surveys with their research vessels just on this particular 

 question. Mr. Chairman, both lost year and during the last few 

 months. 



There is also the aerial survey effort that has already been referred 

 to, which has studied this same question. And I think you will be in 

 a much better position after having studied Mr. Alverson's docu- 

 ments and having the results of these new surveys, Mr. Chairman, to 

 he able to give a definitive answer to that. 



As T say, the aerial survey will be completed within a few months. 

 That will, again, improve the type of information base that you are 

 £oinir to have to work with. 



Mr. Leggett. All right, thank you very much. 



