269 



In the light of the determination made by Congress in the Marine Mammal 

 Protection Act and of the facts that have been developed concerning the conse- 

 quences of unrestricted tuna fishing without regard to incidental kill of por- 

 poise, it would seem that a decision leading to such unlimited tuna fishing 

 would constitute a "major federal action" within the meaning of the National 

 Environmental Policy Act. As indicated earlier, a decision to approve the 

 transfer of American tuna boats to foreign registry could lead to widespread 

 transfers of vessels and to their fishing without regard to the restrictions 

 adopted by the Department of Commerce under the Marine Mammal Protection 

 Act. Such transfers would be for the purpose of avoiding application of the 

 Department of Commerce regulations and for the purpose of conducting tuna 

 fishing operations free of any such restrictions. 

 Yours sincerely, 



Leonard C. Meekeb. 



[From the World Wildlife Fund, Nov. 29-Dec. 1, 1976] 



Title No. 17 — Depletion of Porpoise Stocks in the Eastern Tropical Pacific 

 by the International Purse Seiner Fleet 



Whereas the international purse seiner fleet setting their nets around porpoise 

 (dolphin) in the Eastern Tropical Pacific to catch yellowfin tuna have killed 

 five to seven million porpoise since 1958 : 



Whereas at the October 1976' Nicaragua meeting of the Inter-American 

 Tropical Commission it was voted by both the Commission and the subsequent 

 intergovernmental meeting that all nations participating in this fishery have a 

 responsibility to work internationally through the Commission to solve the 

 problem of the incidental kill of porpoise ; 



Whereas the IATTC will hold a special meeting prior to July 1977 to address 

 a specific plan to solve the problem ; 



The Fourth International Congress of the World Wildlife Fund, meeting in 

 San Francisco, U.S.A. from 29 November to 1 December 1976 : 



Commends the member Governments of the IATTC for their action and 

 urges them to press forward vigorously through the IATTC to achieve new 

 techniques and fishing gear that will immediately reduce the tragic kill of 

 porpoise and ultimately permit tuna to be caught without placing the nets 

 around porpoise, and that all nations that use purse seines should enact legis- 

 lation equivalent to the United States Marine Mammal Protection Act which 

 sets a goal approaching zero mortality and serious injury rate for porpoise ; 



Further encourage the United States Government to fully enforce the Marine 

 Mammal Protection Act, and urge the Congress of the United States to main- 

 tain the integrity of the Act, and resist all attempt to weaken it. 



Statement of Harold F. Cary, General Manager — Administration, 

 Ocean Fisheries, Inc. on March 11, 1977 



i. the problem 



We fish yellowfin tuna associated with porpoise schools. It is the presence of 

 these creatures which make the fishery and its expansion possible. "Without the 

 porpoise populations the fishery would collapse for nearly all Americans 

 engaged in it. 



It is mandatory that we solve the problem of maintaining these populations, 

 law or no law. Ultimately it is necessary that it be solved internationally. 



The United States purse seine fleet, the key to the presence of tuna processors 

 in this country, can and will continue its efforts to solve it alone and in 

 cooperation with those in government and science qualified to assist, so long as 

 vessels are able to operate to do so. 



If the United States fleet is destroyed, no solution results. The United States 

 fleet is out of business. A vacuum is created which will be filled by others. No 

 porpoises are saved. No research of scale is possible. 



Fishermen and environmentalists have the same goal — to preserve porpoise 

 stocks. Neither has exclusive claim to concern desnite their differing categori- 

 zation. Fishermen have legitimate claim to this interest and concern because 

 their livelihood depends upon it. Environmentalists have it because they believe 

 it to be in the common interest. It is a shared concern. 



