29 



and Arctic Ocean coasts, whose sole source of income derives from the marginal 

 seas adjacent to their historic homes, could certainly qualify for permits imder 

 the provisions of section 102, the hearing procedures required in that section 

 would militate against effective participation as a practical matter for a people 

 with only limited contact with civilization or, for that matter, with the English 

 language itself. We believe that existing State game management programs when 

 supplemented in federally controlled areas by appropriate regulations (which 

 can only be issued after sufficient study) would be the most satisfactory solu- 

 ton. Accordingly, our revised bill places no express limitations on Natives, as 

 opposed to other persons, and section 6(b) directs the Secretary, in issuing 

 regulations, to take account of the traditional activities of Natives. 



Section 109 poses much the same jurisdictional problem which has already 

 been discussed with respect to section 3(5) (A). It would be much more appro- 

 priate to authorize the Secretary to "seek" cooperative arrangements with the 

 States and our revised bill so provides in section 11. 



Section 110 poses serious problems. If the Secretary were to follow the pro- 

 cedures outlined in this section, he would almost certainly abrogate the existing 

 fur seal convention. This in turn would probably result in the resumption of 

 high seas sealing for northern fur seals by several other countries thus reverting 

 back to the unselective and destructive method of sealing which was utilized 

 prior to the 1911 convention. Our revised bill provides in section 6(a) that the 

 Secretary must (*tain the concurrence of the Secretary of State in issuing any 

 proposed regulations and further directs the Secretary of State, in section 12, to 

 undertake the necessary steps to enter into new international arrangements and 

 revise existing ones to conform with the purposes of the Act. 



The Department supports the concept of a citizen-commission. However, such 

 a commission should be of limited duration with a provision for statutory exten- 

 sion. A permanent commission could result in duplication of effort and might 

 unnecessarily compete for management and research money. We submit that the 

 purpose of a commission is to fill the short-term goal of reviewing existing 

 policies and practices. In addition, the Department does not believe that the 

 President should be limited in his selection of commission members, either 

 through the nomination process, or as a result of limiting criteria in the subject 

 legislation. The Department would suggest that the commission be enlarged and 

 that the qualifications for membership be deleted so that the commission could 

 be more broadly representative and section 9 of our revised bill so provides. 



In summary, for the foregoing reasons we would favor the enactment of H.R. 

 10420 in the revised form enclosed. 



We have been advised by the Office of Management and Budget that there 

 would be no objection to the siibmission of our report to the Ck)ngress from the 

 standpoint of the Administration's program. 

 Sincerely, 



Kael E. Bakke, 

 Acting General Counsel. 



Department of Commerce 



proposed amendments of h.b. 10420 



Strike all that follows the enacting clause and insert the following : 



Section 2 



(a) The Congress finds that — 



(1) Marine mammals have proven themselves to be resources of inter- 

 national significance, recreational, esthetic and economic ; 



(2) While substantial information has been obtained concerning certain 

 species of marine mammals, there is a requirement for additional knowledge 

 w4th respect to the population dynamics of marine mammals and the factors 

 which bear upon their ability to reproduce themselves successfully ; 



(3) Negotiations should be imdertaken, as appropriate, to further encour- 

 age the development of international arrangements for research concerning 

 management and conservation of marine mammals. 



(b) The 'Congress declares that — 



(1) It is the public policy of the United States to provide for the conserva- 

 tion and management of marine mammals in order to achieve an optimum 

 ecological, recreational, esthetic and continuing economic benefit, and to 

 assure that no species of marine mammals become threatened with extinc- 



