349 



Mr. DiNGELL. You are one of the most considerate witnesses we have 

 ever had in these places and I would say that I am always glad to see 

 you, but I think after this morning I shall be even more so. 



I want to thank you and commend you for your cooperation with 

 the Committee. 



Mr.Pelly? 



Mr. Pelly. Just one short question. In H.R, 10420 the definition 

 on page 3, the term "take" means to harass, hunt, capture, or kill, or 

 attempt to harass, capture or kill any marine mammal. 



Do you consider that the incidental taking of a porpoise under 

 the new method, maybe an occasional killing of a porpoise with the 

 new nets, would make you liable to these very strong penalties under 

 that bill? 



Mr. Felando. Yes, I believe so. I think the language itself is so 

 broad in that definition I think it would cover the situation where ve 

 do not actually kill the porpoise. 



The porpoise actually get caught in the webbing and if they are not 

 able to get out in time they will drown. But I feel any incidental 

 death to the porpoise in the net would be covered by that definition 

 section, Mr, Pelly. 



Mr. Pelly. In other words, in order to relieve you from liability the 

 word "intentional" should be in the definition of killing, or harassing, 

 or hunting, would that satisfy you ? 



Mr. Felaxdo. Yes, I believe that the use of the words expressing wil- 

 fullness or intent will be satisfactory because certainly that has not 

 been our practice and it not our intent. 



Mr. Pelly. It would be too bad if someone who really uses the 

 porpoise as a part of their fishing technique in locating this and whose 

 interest is in keeping them alive and not destroying them could be 

 penalized with such penalties that they accidentally, through their op- 

 eration, drown a porpoise or two. 



Mr. Felando. We, as a matter of policy, would be opposed to the 

 killing of poi-poises for the puq^ose of producing a product. It would 

 actually seriously damage the future of our business. 



Mr. Pelly. Your testimony unequivocably opposes all these bills, as 

 I understand it. 



Now, if this were changed, would it change your position on the 

 legislation ? 



Mr. Felaxdo. Yes, it would. 



Mr. Pelly. Thank you, Mr. Chairman. 



Mr. DixGELL. ]Mr. Kyros ? 



Mr. Kyros. Thank you, Mr. Chairman. 



Is that net which you just explained now universally used by all 

 tuna fishermen? 



Mr. Felaxdo. No, the problem has been the one that Mr. Medina 

 worked out last year and the net was just made available at the begin- 

 ning of this year. It took Mr. Joe Medina 6 months before he was able 

 to get the net and just before I came liere from San Diego I talked to 

 one supplier. They have 100 bales of webbing now and it takes two 

 bales of webbing to make the modification. 



To my knowledge at the present time there are eight or 10 vessels 

 that have the modification and we expect, on the basis of discussions 



