39 



mission ai^point a rdneimeinber Oommittee of Scientific Advisors on Marine 

 Mammals. In consultation with its advisory committee, the CJommission would 

 conduct a general survey of authorities and practices pertaining to marine mam- 

 mals, advise the Secretary of such matters, and furnish to the Congress an 

 annual report of its activities. There would be authorized to be appropriated 

 such sums as may be necessary to carry out the purposes of Title I, and such 

 additional sums, not to exceed $1 million annually for two years, as may be 

 needed to finance activities of the Commission and its advisory committee under 

 Title II. 



This Department recognizes the need expressed by H.R. 10420 for a coordinated 

 approach to the protection, conservation and management of marine mammals, 

 and agrees that additional regulatory authority would, if properly conceived, 

 contribute to the preservation of those species subject to a variety of natural 

 and man-made incursions. As the Committee is aware, we now have Federal 

 program responsibility under the Fish and Wildlife Act of 1956 for only the 

 polar bear, walrus and sea otter of those species identified by H.R. 10420. Re- 

 organization Plan No. 4 of 1970 (84 Stat. 2090) transferred to the Department of 

 Commerce those authorities formerly exercised by this Department through the 

 Bureau of Commercial Fisheries. These include management activities and 

 research related to fur seals, whales and sea lions. 



Enactment of this Administration's proposal for a Department of Natural Re- 

 sources, now pending in the House of Representatives as H.R. 6959, would effect 

 a consolidation of existing authorities relative to marine mammals. Thus, we 

 recommend against the partial realignment of program responsibilities con- 

 templated by H.R. 10420. and urge prompt action to establish the Department 

 of Natural Resources. With respect to those provisions of H.R. 10420 which 

 most directly affect its conduct of programs assigned by Reorganization Plan 

 No. 4 of 1970, we defer to the Department of Commerce. That Department is 

 best able to discuss, for instance, the impact of H.R. 10420 on its management 

 of the Pribilof fur seal harvest pursuant to the Fur Seal Act of 1966. We have 

 addressed the need for research and additional regulatory authority to strengthen 

 our polar bear, walrus and sea otter programs in a separate report on H.R. 690. 



The OflSce of Management and Budget has advised that there is no objection 

 to the presentation of this report from the standpoint of the Administration's 

 program. 



Sincerely yours, 



W. T. Pecora, 

 Under Secretary of the Interior. 



Office of the Deiputy Attorney General, 



Washington, B.C., September 17, 1971. 

 Hon. Edward A. Garmatz, 



Chairman, Committee on Merchant Marine and Fisheries, 

 House of Representatives, 

 Washington, B.C. 



Dear Mr. Chairman : This is in response to your request for the views of the 

 Department of Justice on H.R. 4370, a bill "To amend the Fur Seal Act of 1966 

 by prohibiting the clubbing of seals after July 1. 1972, the taking of seal pups, 

 and the taking of female seals on the Pribilof Islands or on any other land and 

 water under the jurisdiction of the United States." 



The bill would add new provisions to the Fur Seal Act of 1966 (16 U.S.C. 

 1151-1187) to prohibit the killing of seals by clubbing after July 1, 1972, and 

 the taking of the skin of any seal under one year of age or of any female seal. 

 The Secretary of the Interior would be directed to initiate or contract for re- 

 search on alternative means of killing seals and to adopt regulations prescribing 

 more painless techniques. 



Transportation in interstate commerce, or sale after such transportation, of 

 seals or skins of seals killed or taken in violation of the added prohibitions would 

 be punishable by a fine of not more than $2,000, or imprisonment for not more 

 than one year, or both. 



Whether this legislation should be enacted involves questions as to which 

 the Department of Justice defers to the Department of Commerce, to which 

 administration of the Pribilof Islands was transferred by Reorganization Plan 

 No. 4 of 1970. 



67-765 a— 71 4 



