250 



• regulations are •• to this provision; there is 

 ply no mention. Porpoises may be hunted, netted, herded, 

 terrorized, and i 1 a number of times in a single season, 

 to say nothing of being ultimately killed. If death does occur, 

 it results from the air breathing mammals having suffocated 



ause of entanglement in the nets or drowned because of shock 

 and injury. It is difficult to understand how such takings are 

 "humane" by any definition of the word. Once again, the regu- 

 lations fall far short. 



6) The regulations are by their very nature, unenforceable. 

 For example, the regulations set a quota of five animals for each 

 of four different species. 42 Fed . Reg . 12017. This quota is to 

 be shared by over 130 United States vessels which set on porpoise. 

 Suppose that, in the opening days after permit issuance, 20 

 different boats set on mixed schools and, as a result, each killed 

 short finned pilot whales, of which the total mortality quota is 

 five. The kill would exceed the quota by a large factor. Who 



is to be penalized? If a quota system is to be employed (and 

 Petitioner Committee for Humane Legislation believes that such a 

 sanctioned kill is prohibited by the MMPA) , then it must be 

 limited to reasonably populous species. If there are only 450 

 pygmy whales in the whole world, does the Act permit the killing 

 of a single one? 



7) Beginning on page 12020 of the Federal Register is a 

 discussion of foreign kill. It is stated that the best available 

 estimate of the rate of marine mammal deaths caused by foreign 

 vessels is that contained in "the workshop report." The workshop 

 concluded that non-U. S. kill rate for 1973-1975 was the same as 

 the 1972-1973 U.S. average. In 1972, the U.S. porpoise kill was 

 estimated to be 204,600; in 1973, 175,000. But then following 



is the confusing statement: "Since those estimated levels of kill 

 totaling approximately 41,000 were not disputed, it is concluded 



