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Section 101 (2) of H.R. 10420 would make it unlawful, except as provided in 

 Sections 102, 107 and 109, for any person or vessel to take any marine mammal 

 in waters under the jurisdiction of the United States, which waters are defined 

 by Section 3 (5) (B) to include the nine-mile fisheries zone establishe<l pursuant 

 to the Act of October 14, 1966. In this connection, the Agreement of December 11, 

 1970 between the United States and Japan on Certain Fisheries off the Coast of 

 the United States of America provides that Japanese nationals and vessels may 

 conduct certain fishing operations within the nine-mile fisheries zone off our 

 coast, including whaling in certain waters of the zone off the coast of Alaska. At 

 the same time Japan provides certain concessions of benefit to American fishermen 

 on the high seas seaward of the nine-mile zone. This Agreement, negotiated under 

 the provisions of Public Law 88-308 and Public Law 89-658, expires December 31, 

 1972, unless extended by the two Parties. In the circumstances the Department 

 suggests that in Section 101 (2) immediately after the words "United States" 

 there is inserted the following : ", except as expressly provided by an international 

 agreement to which the United States is a party.". 



We believe that the intent of Section 108 of the bill might be made more clear 

 by incorporation of a reference to the principles upon which the proposed inter- 

 national program would be based. 



We believe also that the principal responsibility for advancement of such 

 international program should rest with the Secretary of State. Accordingly, it 

 is suggested that the Committee may wish to consider, as a substitute for the 

 present language, a rewording of Section 108 along the following lines: "The 

 Secretary, in cooperation with the Secretary of State and other appropriate 

 Federal officers and agencies, shall develop an international pi-ogram for the 

 conservation of marine mammals in accordance with the findings of Section 2 

 of this Act. The Secretary of State shall take every feasible step to encourage 

 the adoption of international arrangements which would be appropriate for 

 effectuating such program." 



The provisions of Section 110 of H.R. 10420 could bring into question the ful- 

 fillment by the United States of its treaty obligations. The Interim Convention 

 on Conservation of North Pacific Fur Seals is not simply a device for compen- 

 sating certain other countries for their action in refraining from taking fur 

 seals on the high seas. A primary objective of the treaty is to bring the fur 

 seal populations to and maintain them at "the levels which will provide the 

 greatest harvest year after year, vdth due regard to their T-elation to the pro- 

 ductivity of other living marine resources of the area . . ." In order to deter- 

 mine and to put into effect the measures required to achieve this objective the 

 treaty also provides for adequate scientific research on the fur seal resources 

 and for coordination of research and management plans through the North Paci- 

 fic Fur Seal Commission, composed of one member from each party. 



The size and composition of the annual commercial kill from the herds is 

 based on recommendations of the Commission made in accordance with the Con- 

 vention's provisions, which require that such recommendations be based in turn 

 on the findings obtained from the coordinated research programs. The Conven- 

 tion also specifies that decisions and recommendations of the Commission shall 

 be made by unanimous vote, provided that only those parties sharing in the seal- 

 skins from a particular herd shall vote with respect to any recommendations 

 regarding the size and composition of the commercial kill from that herd. 



Section 110 of the bill appears to contemplate the possibility of action by the 

 United States to terminate or substantially curtail the taking of fur seals on the 

 Pribilof Islands without reference to the findings and recommendations of the 

 North Pacific Fur Seal Commission. In the Department's view, such action with- 

 out, at the least, consultation with the other parties to the Convention would 

 not be consistent with United States treaty obligations. The Department there- 

 fore suggests that consideration be given to a modification of the language of 

 the second sentence of Section 110, perhaps along the following lines : "If, as a 

 result of such review, the Secretary determines that such activities should be 

 significantly curtailed or terminated, then he shall request the Secretary of State 

 to consult with the other parties to the Interim Convention on Conservation of 

 North Pacific Fur Seals with a view to effectuation of such curtailment or ter- 

 mination and to arrangements whereby, during the period between the date of 

 such curtailment or termination and the date of the expiration of the Conven- 

 tion, Canada and Japan would each be given the opportunity to select one of 

 the following options in lieu of receiving the share of fur sealskins which such 

 country would otherwise be entitled to receive under the provisions of the Con- 

 vention . . ." 



Subject to the foregoing comments, the Department sees no objection to H.R. 



