267 



While we are sensitive to the economic implications of the tuna-porpoise 

 issue, we remain skeptical about claims that imposition of the regulations will 

 doom the American tuna fishing industry. Reliable statistics seem to indicate 

 otherwise. For example, of the 70 percent of yellowfin tuna caught on porpoise, 

 only 23 percent involved eastern spinner. Therefore, the tuna catch would be 

 reduced about 16 percent overall, by protecting eastern spinner stocks. That 

 reduction, while serious, would not be disastrous. Hence, the Federation is not 

 receptive to amending the MM PA to permit an accidental take of up to 6500 

 eastern spinner porpoises — the key issue in this matter. In our judgment, pei- 

 mitting such an exception to the act — even though for one year only — would 

 be a mistake. 



Nevertheless, we acknowledge that the economic impact of being unable to 

 set for yellowfin tuna on schools which — though not known to might, in fact — 

 include some eastern spinner porpoises is quite serious. Thus, it is important to 

 seek an interim solution that will, without changing the statute, ensure the 

 continued viability of the American tuna fleet and assure the welfare of the 

 people involved. 



With that goal as an objective, the Federation is amenable to a memorandum 

 of understanding between the government and industry concerning the occi- 

 dental taking of eastern spinner porpoise as a result of setting on mixed schools 

 in 1977. The memorandum would make it clear that the government would 

 adopt a "benign enforcement" stance relative to the prosecution of violations of 

 the law involving the accidental taking of eastern spinner porpoise. In other 

 words, the industry would be given every consideration in the determination of 

 whether such taking was accidental or premeditated. It is our understanding 

 that such a memoradum is feasible within the framework of existing law. 

 Meanwhile, the other protective measures being proposed in the regulations, 

 such as an increased observer program and the use of 1% inch mesh in the 

 porpoise safety panel, should be implemented and fully enforced. 



There is good reason to believe that the porpoise problem can be resolved 

 shortly if it is vigorously pursued. (We would expect such a concerted effort in 

 1977 from tuna fishermen in exchange for a memorandum of understanding.) 

 We are aware of, and applaud, the efforts being made by the overwhelming 

 majority of skippers to save porpoises. Further, significant progress is being 

 made in research cruises such as the Bold Contender and the Elizabeth CJ to 

 develop better fishing equipment and improved operational techniques. It is 

 incumbent on the tuna fishing industry to take the lead in these matters and to 

 aggressively police its own ranks to eliminate the relatively few unconcerned 

 fishermen. For it to do any less at this juncture would be extremely unwise. 



In our judgment, the Congress and the Administration have gone as far as 

 they can — and probably farther than they should have — to accommodate an 

 industry which, until recently, has been too indifferent to a problem of growing 

 concern to the American public. That is why the regulations, tempered at most 

 by a memorandum of understanding as suggested earlier, should be promulgated. 

 Sincerely yours, 



Thomas L. Kimball, 

 Executive Vice President. 



Enclosure. 



Killing of Porpoises 



Whereas, the incidental killing of porpoises by commercial tuna fishermen in 

 the eastern Pacific still continues at a rate well in excess of 100,000 animals a 

 year ; and 



Whereas, all tuna purse seine fishing methods and procedures adopted to 

 date and the fishery gear developed thus far has worked only to alleviate, 

 rather than eliminate, the porpoise loss problem : and 



Whereas, research has been deficient on porpoise population numbers and 

 trends, causes of mortality, behavioral relations between tuna and porpoise, 

 and several other aspects of population dynamics : and 



Whereas, the spirit and intent of the Marine Mammal Protection Act 

 (MMPA) of 1972 is being violated by the continued, large incidental killing ot 

 porpoises ; and 



Whereas, there is growing evidence that local populations and/or races o<* 

 the eastern spinner porpoise (Stenella longirostris) have been especially 

 jeopardized by such fishing activities ; 



