43 



The bill is similar to H.R. 6554, on which we are also submitting our views, 

 differing mainly in some section designations and minor terminology. 



Title I of the bill expresses a finding by the Congress that ocean mammals 

 are being pursued, harassed, or killed both at sea and on land by hunters of 

 many nations, and that many will become rare if not extinct unless steps are 

 taken to stop their slaughter. The Congress would declare it to be the public 

 policy of the United States to protect all ocean mammals, and to negotiate 

 with foreign governments and through interested international organizations 

 to obtain a worldwide ban on their slaughter. 



Title II contains broad prohibitions with respect to the taking, transporta- 

 tion, or possession, by any person or vessel subject to the jurisdiction of the 

 United States, of any ocean mammals or parts of ocean mammals (defined as 

 aU seal, whale, walrus, manatee or sea cow, sea otter, sea lion, polar bear, 

 porpoise, and dolphin). Exceptions would be made only for Indians, Aleuts, 

 and Eskimos dwelling on the coasts of the North Pacific or Artie oceans, who 

 would be permitted to take mammals 6ther than polar bears for their own 

 use in accordance with traditions, and in accordance with regulations of the 

 Secretary of the Interior for municipal and other non-profit zoos and for 

 medical and scientific research. Vessels subject to the jurisdiction of the United 

 States employed in a violation would be subject to forfeiture. Provision is made 

 for issuance of regulations by the Secretaries of State, Treasury, Interior, 

 Commerce, and Transportation to carry out the purposes of the title, for en- 

 forcement of the title and regulations thereunder, and for a fine of not more 

 than $5,000 or imprisonment of not more than one year, or both, for their first 

 offense, and of not more than $10,000 or imprisonment for not less than one 

 nor more than three years, or both, for subsequent offenses. 



Title III would provide 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 1976. and for negotiation by the Secretary 

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

 arrangements are made for honoring treaty provisions. The Pribilof Islands 

 would be designated a National Seal Rookery Preserve and Bird Sanctuary. 



The bill would repeal Title III ("Protection of Sea Otters on the High Seas") 

 of Public Law 8^702 and such provisions of the Fur Seal Act of 1966 as are 

 inconsistent with the new legislation. 



Provisions of the present bill are largely patterned after the legislation which 

 is to be repealed. However, Title III of Public Law 89-702 (16 U.S.C. 1171 et 

 8cq. ) , as its title implies, is directed specifically to the taking of sea otters on the 

 high seas, and the Fur Seal Act of 1966 (16 U.S.C. 1151 et seq.) is directed 

 largely to carrying out the obligations of the United States under the North 

 Pacific Fur Seal Convention. We perceive the likelihood of some problems in de- 

 termining which provisions of the latter statute would be affected by the re- 

 pealer language of the present bill. 



Whether the bill should be enacted involves policy considerations concerning 

 which the Department defers to the agencies concerned. However, we do wish 

 to point out tbat on page 5, line 24, the word "commissioners" should be changed 

 to "magistrates". 



The OflSce 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. Kleindienst, 

 Deputy Attorney Oeneral. 



Office of the Deputy Attorney Genebal, 



Washington, D.C., October '1, 1971. 

 Hon. Edward A. Gabmatz, 



Chairman, Committee rni Merchant Marine and Fisheries, House of Repre- 

 sentatives, Washington, D.C. 

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

 Department of Justice on H.R. 10420, a bill "To protect marine mammals ; to 

 establish a Marine Mammal Commission; and for other purposes." 



This bill would protect specified species of marine mammals by prohibiting 

 their taking except as authorized under permit of the Secretary of the Interior. 

 The prohibition would apply to all persons and vessels subject to the jurisdiction 



