303 



On April 5, 1976, the Director of the Service published final regulations 

 governing the taking and importation of Pacific walrus managed by the State 

 of Alaska. Publication of the Director's approval of State laws and regula- 

 tions, along with promulgation of the new Federal regulations affected return 

 of management of the Pacific walrus to the State of Alaska. 



Currently the U.S. Fish and Wildlife Service and the National Marine 

 Fisheries Service are jointly considering the request for waiver of the remain- 

 ing marine mammal and have issued a draft environmental impact statement 

 covering all species requested. The statement was filed with the Council on 

 Environmental Quality on March 5, 1976. 



Consideration of the waiver has involved public hearings which were held 

 in Alaska in July of 1976 and in Arlington, Virginia, in October 1976. Briefs 

 have been filed with the Administrative Law Judge and we expect his recom- 

 mendations in April. The final environmental impact statement and the deter- 

 mination regarding the extent that a waiver may be granted, and whether 

 State laws and regulations are consistent with the purposes and policies of 

 the Act, should be completed by June of this year. 



In 1974, the State of California submitted a request to waive the mora- 

 torium and return management responsibilities for the sea otter to the State. 

 In 1976, the Director of the California Department of Fish and Game with- 

 drew the waiver application and requested instead a scientific research permit 

 and the return of management under Section 109 of the Act. Both requests 

 are under consideration at this time. 



The Act requires that an annual report be submitted to the Congress and to 

 the public on the current status of all marine mammal species and population 

 stocks subject to the provisions of the Act. This report describes those actions 

 taken and those measures believed necessary, including, where appropriate, 

 the issuance of permits pursuant to the Act to assure the well-being of such 

 marine mammals. Mr. Chairman, I have a copy of our most recent report for 

 submission to the record. 



The Act provides that permits may be issued for taking and importation of 

 marine mammals for scientific research purposes or for public displays. Since 

 1974, 56 marine mammal permit applications have been processed by the 

 Service. The permit issuance process is a continuing requirement and one that 

 is rather involved. In addition to the validity determination, permit applica- 

 tions are reviewed by the Marine Mammal Commission and require field re- 

 view and investigations to insure that the applicant's facilities are adequate 

 to house and provide for the marine mammal. Any required special conditions 

 are added to the permit form if it is decided a permit is to be issued. We 

 anticipate continuing requests for marine mammal permits. 



Between July 1974 and September 1976, our enforcement and protection 

 efforts have resulted in 349 investigations under authority of the Marine 

 Mammal Protection Act. During the same time period 251 of these investiga- 

 tions were terminated. Approximately 100 of these investigations were referred 

 to National Marine Fisheries Service for further action bcause they involved 

 species under the jurisdiction of the Department of Commerce. Of those inves- 

 tigations conducted by the Fish and Wildlife Service, approximately 90 percent 

 involved either walrus or polar bears. 



The Service plans to increase its efforts in screening all wildlife importa- 

 tions, both at designated and nondesignated ports of entry for illegally im- 

 ported marine mammal products. In addition, law enforcement agents of the 

 Service are continually gathering and assessing information about possible 

 violations of the Act. Enforcement agents maintain surveillance of areas 

 known to be inhabited by marine mammals in order to detect suspected viola- 

 tions involving the illegal taking of these species. In situations where these 

 activities indicate a suspected violation an investigation is made. 



As you can understand our activities are varied and intensive under the 

 Act. We urge that H.R. 4740 be amended to authorize the Secretary of the 

 Interior an appropriation in fiscal year 78 of $833,000 under section 110(c) 

 and $525,000 under section 114(b). This is the amount included in the Presi- 

 dent's budget. A one year authorization will give the new administration time 

 to review the future of this Public Law. Without such an extension we will 

 be unable to continue carrying out the Act. 



This concludes my prepared statement Mr. Chairman. I would be pleased 

 to answer any questions you might have. Thank you. 



94-886 — 77 21 



