250 



four dolphins. That is what we are talking about. Wo should no 

 lot that in't away from us. 



We want to -top tho killing of thoso dolphins, and wo do not wan 

 to argue endlessly over the details of tho wording of the aot. 



Now, Captain Madinn did mention that ho is able to distinguisl 

 before the actual srttintr. Mr. Chairman, whether there are any sub 

 stantial number of eastern spinners in tho school. In other words, fa 

 mav not be able to distinguish that from a distance before he send; 

 out the boats, but once tho boats are rounding them up, it is possible 



That is a very important point. 



In other words, he knows before ho actually makes the set. 



The eastern spinners were declared depleted becnu c e tho industp 

 has failed to abide by the law, and the National Marine Fisherie 

 Service has failed to enforce the law. 



Thus, hundreds of thousands of them have died wrongly — other 

 wise they would not be in a state whore they had to be dcclarec 

 depleted. 



There is one other point that is not perfectly clear from the testi 

 mony today. What is the industry going to do? Is it going to giv< 

 funds for retraining and research? Is it definitely going to provid 

 the dedieated vessel that we heard so much about ? 



Now, if 6,500 of those eastern spinners were allowed to be taken 

 it might be well to think of tho fact that to get a scientific permi 

 to catch one would cost $200. So if you multiple the cost of tfl 

 permits, if you were a scientist, for that many dolphins it would b 

 §1.3 million. 



I wonder if the industry is willing to back up its demands wit! 

 cash. 



Mr. Leggett. Thank you very much, Mrs. Stevens. 



I appreciate very much your constructive conciliatory posture. 



An3' questions? 



If not, now we will have Mr. Fensterwald. 



Mr. Fensterwald, nice to have you before our committee. 



STATEMENT OF BUD FENSTERWALD, COUNSEL, COMMITTEE FOB 



HUMANE LEGISLATION 



Mr. Fensterwald. Mr. Chairman, thank you very kindly for al- 

 lowing me to testify before you. I do not have any prepared state- 

 ment. 



Mr. Leggett. Do you want to identify your clients? 



Mr. Fensterwald. Yes. Friends of Animals, Inc. and the Com- 

 mittee for Humane Legislation, Inc., both based in New York City. 



Mr. Leogett. I have reviewed your filing — was that filed today oi 

 yesterday ? 



Mr. Fensterwald. This morning. 



Mr. Leggett. I have looked at your conclusions, and it appears that 

 you are not happy with these regulations. 



Mr. Fensterwald. Mr. Chairman, I am not at all happy with 

 them, and I am optimistic that the courts will be of the same opinion. 



I think it might save time and be helpful if the motion and mem- 

 orandum that I filed in court were made a part of tho record. 



Mr. Leggett. Very good. We will incorporate your pleadings ir. 

 the record at this point. 



[The following was received for the record :] 



