40 



tent Tbns, the actions proposed by H.R. 6554 migtit well lead to a situation di- 

 rectly opposite trj that desired by the proixjnents of the bill. 



The Department considers it highly unlikely that an international agre«nent 

 or agreements to l^n all killing of North Pacific fur seals at sea or on land c-ould 

 be successfully negotiated- In addition to the considerations cited above, which 

 pertain to countries not possessing rookeries, the Soviet Union is interested in 

 bringing the herfis on its rfx^keries to. and maintaining them at. the level which 

 will provide the maximum .stLStainable yield of fur sealskins. The commercial kill 

 by the Soviet Union on its ro^^keries was 16,306 seals in ItfTO and 15.648 in 1969. 

 Accordingly, we have no reas^^n to believe that the Soviet Government would be 

 amenable Uj a proix^.sal to prohibit all killing of fur seals. 



With resi^ect to the interim arrangements regarding fur seals which are pro- 

 po.sed Ijv H.R. 6551, a major objective of the 1957 Convention is to bring the fur 

 seal pofjulations to and maintain them at "the levels which wiU provide the great- 

 est harvest year after year. . . ." To maintain maximum su-stainable productivity 

 requires the elimination of certain numbers of STirplus animals from the herds. 

 Therefore, it is our understanding that an arbitrary limita*' 'he kilL such 



as is proix/sed by H.R. 6554 as an interim measTire. would c - a failure by 



the United States to c-arry out its treaty obligations. 



In n umma ry, the Department believes that this legislation should not be en- 

 acted l>ecau.se other national or international means are more appropriate for 

 the conservation and protection of over-exploited or endangered - - that 

 some provLsions of the legislation are imixj.ssible of .successful implen. n. and 



that the ijrovLsions regarding fur seals would Likely create a .situation c-ounter to 

 that desired by the bill's proponents and would moreover require violation of 

 United States treaty obligations. The Department therefore recommends against 

 enactment. 



The Office of Management and Budget advises that from the standpoint of the 

 Administration's program there is no objection to the submission of this report. 

 Sincerely, 



David M Abshiee, 

 Assistant Secretary for Crmore^^f/nni Relatiorus. 



Depaktmest of Stabe, 

 Wasshington, D.C., September 9, 1971. 

 Hon. Edwa£D a. Gaematz. 



Chairman, Committee on Merchant Marine Fisheries, 

 Housse of Reprefientativei, 

 WoJihington, B.C. 



Dear Mb. Chaibma^: Tour letter of August 10. 1971 requested the Depait- 



ment's comments on H.R. 10120 "To protect marine mammals; to establish a 

 Marine Mammal Commission : and for other purposes." 



The Department is in sympathy with the motives underlying H.R. 10420. In 

 particular, we believe that the .statement of findings in Section 2 provides an 

 excellent basis for the further development of .such international arrangements 

 as may be neces.sary or desirable for the effective conservation and management 

 of marine mammals. 



In connection with the Section 2 (4) of the bill, the Department notes that the 

 bill takes cognizance in Section 202 fa) Q i of the International Convention for 

 the Regulation of Whaling and the Interim Convention on the CotLservation of 

 North Pacific Fur Seals, both of which contain provisions for research and con- 

 servation. In addition, the International Convention for the Northwest Atlantic 

 Fisheries provides for research on and conservation of harp and hood seals in 

 the northwest Atlantic, the provisions of the Convention having been extended 

 to cover these marine mammals by the Protocol of July 15. 1963. It may also be 

 of interest that the Department will convene in Washington. D.C., next April, 

 in cooperation with the Department of the Interior, an international plenipo- 

 tentiary conference for the purpose of concluding a c-onvention on the conserva- 

 tion of rare and endangered .sp^ecies of the world's wildlife. 



The basic working document of the conferenc-e will be the draft Convention on 

 the Export. Import and Transit of Certain Species of Wild Animals and Plants, 

 prepared by the International Union for the Conservation of Nature and Natural 

 Resources. The pre.sent draft convention would prohibit the import and export 

 of all sp)ecies of Sirenia < dugongs. manatees, etc. » exc-ept for scientific purposes 

 and would regulate trade in ix>lar bears, see otters, the Guadelupe fur .seal and 

 the walrus by requiring export permits. 



