4!2 



We do wish to point out that the sections in the bill after 303 are designated 

 404 and 405 instead of 304 and 305, that on page 6, line 3, the word "relates" 

 should be changed to "relate," and that on page 6, line 11, the word "Commis- 

 sioners" should be changed to "Magistrates." Also, two successive sections have 

 been designated as "Sec. 208." 



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

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

 program. 



Sincerely, 



RiCHABD G. Klehndienst, 

 Deputy Attorney General. 



Office of the Deputy Attorney Genebai., 



Washington, D.C., September 17, 1971. 

 Hon. Edwabd A. Gabmatz, 



Chairman, Committee on Merchant Marine and Fisheries, 

 House of Representatives, 

 Washington, D.C. 



iDeab Me. Chairman : This is in response to your request for the views of 

 the Department of Justice on H.R. 7463, a bill "To protect seals from being 

 pursued, harassed, or killed ; and for other purposes." 



This bill is patterned after H.R. 6554 but would protect only seals, while H.R. 

 6554 and the similar bill H.R. 8183 would extend protection to other types of 

 sea mammals as well as seals. H.R. 10420, a bill also relating to sea mammals, 

 provides for control, rather than elimination, of their taking. Reports on H.R. 

 6554, H.R. 8183, and H.R. 10420 have already been submitted by the Department. 



Section 201 of H.R. 7463 does not define the terms "take", "taking", and 

 "taken" to include "to collect", as does section 201 of H.R. 6554. Section 202 

 of H.R. 7463 prohibits certtain acts of "persons" subject to the jurisdiction of 

 the United States, while section 202 of H.R. 6554 prohibits acts of "persons or 

 vessels". In both cases, the language of H.R 6554 appears to be preferable. 



Like H.R. 6554, the bill H.R. 7463 would provide in Title III for notification 

 by the Secretary of State to the other parties to the North Pacific Fur Seal 

 Convention that the United States does not intend to extend its life beyond 

 its current termination date of 1975, and for negoitiation by the Secretary of 

 international agreements to ban all killing of North Pacific Fur Seals. Also, 

 interim arrangements are made for honoring treaty provisions, and the Pribilof 

 Islands would be designated a National Seal Rookery Preserve and Bird 

 Sanctuary. 



H.R. 7463 would provide for repeal of such provisions of the Fur Seal Actt 

 of 1966 (16 U.S.C. 1151. et seq.) as are inconsistent with the new legislation. 

 It should be noted that this provision may create some problems in determining 

 which provisions of the Act would be affected by the repealer language. 



Whether the bill should be enacted involves considerations as to which the 

 Department defers to the Departments of Commerce and State. However, we 

 do wish to point out that the sections in the bill after 303 are designated 404 

 and 405 in^ead of 304 and 305, that on page 6, line 2, the word "relates should 

 be changed to "relate", and that on page 6, line 10, the word "commissioners" 

 should be changed to "magistrates". 



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

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

 program. 



Sincerely, 



Richard G. Kutindienst, Deputy Attorney General. 



Office of the Deputy Attorney Genebai,, 



Washington, D.C, September 14, 1971. 

 Hon. Edward A, Garmatz, 



Chairman, Committee on Merchant Marine and Fisheries, 

 House of Representatives, 

 Washington, D.C. 



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

 Department of Justice on H.R. 8183, a bill "To protect ocean mammals, and 

 for other purposes." 



