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IV. RELATIONSHIP OF THE PROPOSED FEDERAL ACTION TO 

 DOMESTIC LEGISLATION WITH IMPLICATIONS FOR THE 

 ANTARCTIC ENVIRONMENT 



There are two domestic acts which bear upon species 

 covered by the conservation regime set forth in the pro- 

 posed Federal action: the Endangered Species Act of 

 1973 and the Marine Mammal Protection Act of 1972. 



The Endangered Species Act of 1973 incorporates and 

 expands authority under previous endangered species legis- 

 lation to identify fish and wildlife threatened with 

 extinction and to prohibit their importation into the 

 coastal States. The 1973 legislation gives consideration 

 to all animal life, not only the vertebrates, mullusks and 

 crustaceans included under the previous law, and recognizes 

 the importance of wild plants as well as animal species. 

 It provides for protection of "threatened" as well as 

 "endangered" species, permitting preventive action before 

 a critical stage is reached and thereby enhancing the like- 

 lihood of successful recovery. It authorizes a grant 

 program to assist state endangered species programs, and 

 provides for Federal protection of resident species where 

 states are unable to do so. It requires coordination among 

 all Federal agencies whose activities may impact threatened 

 or endangered species or their habitats, and directs 

 these agencies to use their other authorities in further- 

 ance of the purposes of the Act. 



Species found in Antarctic waters listed as endangered 

 under the U.S. Endangered Species Act are the blue whale, 

 humpback whale, sei whale and sperm whale. (The sperm 

 whale is not listed as endangered in the Convention on 

 International Trade in Endangered Species of Wild Fauna 

 and Flora (CITES) . Sei whales other than the North Pacific 

 stock, are not listed as endangered under CITES, but are 

 listed as stocks to which special controls should apply.) 



The Marine Mammal Protection Act of 1972 gives 

 special domestic protection to marine mammals, including 

 whales. The Act prohibits the taking or importation of 

 such mammals and their products by U.S. citizens. The 

 Secretary of Commerce or Interior, depending on the species, 

 can waive this prohibition only if he receives scientific 

 evidence that the waiver and the regulations on takings 

 that he must develop after a formal hearing, will not be 

 to the disadvantage of the species or stock to be taken. 

 The Act calls for negotiations to develop international 



