265 



Mr. Leggett. Amendments 



Mr. Fexsterwaed. It would be. If the act is going to be opened up, 

 and it is not clear at this point whether it is or is not, we certainly 

 think that it can be improved, particularly in light of the uncertainty 

 as the law now stands. 



Clarification as much as anything else. 



Mr. Leggett. Very good. 



Any questions? 



Mr. Hodges, did you want to ask a question of the Chair? 



Mr. Hodges. Yes, Mr. Leggett. I would refer the committee to the 

 actual provisions relating to imports, one of which is section 

 102(c) (3). relating to the importantion of fish, stating it is unlawful 

 to import into the United States any fish, whether fresh, frozen or 

 otherwise prepared, if such fish caught in a manner which the Secre- 

 tary has prescribed for persons subject to the jurisdiction of the 

 United States, whether or not any mammals were taken incidential 

 to the taking of the fish 



Mr. Leggett. Now, there is another provision, as I understand it. 



Mr. Hodges. It is section 101(a)(2), saying the Secretary of the 

 Treasury shall ban the importation of commercial products from 

 fish which have been caught with fishing technology which results 

 in the incidental catch or serious injury to ocean mammals in excess 

 of U.S. standards. 



The Secretary shall require reasonable proof of any nation in 

 which fish or fish products will be exported to the United States and 

 the effects of 



Mr. Leggett. It seems those bans only extend to the yellowfin 

 tuna. 



Mr. Hodges. Well, Mr. Leggett, beyond that, it is our view that 

 this is not directed toward a broad-scale ban, but only applies to 

 those fish that have actually been caught in excess of the U.S. 

 standards. 



The act, as it currently reads, should not be interpreted in a way 

 that will in effect broadly curtail the flow of fish in the United 

 States when "such fish'' — the particular boatload of fish — has not 

 been caught in a way that is violative of the regulations or stand- 

 ards relating to U.S. vessels. 



Mr. Leggett. All right. 



Mr. Fexsterwald. May I comment on that, Mr. Chairman? 



How, in God's green Earth, is anybody going to know whether a 

 particular tuna fish which is caught by the Japanese and sent here, 

 imported from Japan, was or was not caught by a boat setting on 

 porpoise ? 



The only way this act can be enforced is to exclude from the 

 United States fish from those countries which do not live up to 

 U.S. standards. 



Mr. Leggett. That would take an amendment of the law, though, 

 to do that, as I read it. 



Counsel says no. Do you want to read to me where that would be 

 allowed? 



Mr. Spexsley. Provision 101(a) (2) provides that commercial fish 

 or fish products, not necessarily tuna but any fish that is caught with 



