52 



leant additional law enforcement activity on the part of the Coast Guard. How- 

 ever, we defer to the Departments of Interior, Commerce, and State on the 

 desirability of the bills. 



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

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

 to the Committee. 

 Sincerely, 



John W. Babnum, 



General Counsel. 



The General Counsel of the Treasury, 



Washington, D.C., September 8, 1971. 

 Hon. Edward A. Garmatz, 



Chairman, Committee on Merchant Marine and Fisheries, House of Representa- 

 tives, Washington, D.C. 



Dear Mr. Chairman : Reference is made to your requests for the views of 

 this Department on H.R. 6554 and H.R. 6558, identical bills, "To protect ocean 

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



Title II of this bills would make it unlawful for any person or vessel subject 

 to the jurisdiction of the United States to engage in taking, transporting, im- 

 porting, offering for sale or possessing, all ocean manmials or any part thereof. 

 Certain exceptions are made for Indians, Aleuts, Eskimos, medical and scientific 

 research uses and for municipal and/or other nonprofit zoos. 



Vessels and their equipment used in violation of the proposed law, as well as 

 ocean mammals or the monetary value thereof, would be subject to seizure and 

 forfeiture as for violation of the Customs laws. The bills would also impose 

 criminal liabilities of fine or imprisonment, or both, for convictions of first and 

 subsequent offenses. 



Enforcement of Title II would be the joint responsibility of the Secretaries 

 of State, Treasury, Interior, Coonmerce and Transportation. The bills would 

 authorize them to issue regulations to carry out the provisions of Title II. To 

 avoid the question of whether joint regulations are intended, we suggest if the 

 proposed legislation is to be favorably considered that the Committee report 

 include a statement that each Department is to issue regulations in its respective 

 area of responsibility. 



Title III of the bills would terminate the North Pacific Fur Seal Convention 

 and ban the importation of all skins or parts of the Alaskan Fur Seal. This Title 

 would also establish, as a preservation measure, a Pribilof Seal Rookery under 

 the Department of the Interior and a Pribilof Islands Commission, on which 

 would serve the Secretary of the Treasury or his designate. 



This Department has no comment on the merits of the proposed legislation. 

 The primary administrative and enforcement interests would seem to be in the 

 Departments of the Interior, State and Commerce. The Dei>artment anticipates 

 no unusual administrative or enforcement responsibilities which those Depart- 

 ments, together with this Department and the Department of Transportation, 

 would not be able to fulfill cooperatively. 



The Department anticipates that the seizure and forfeiture provisions of the 

 proposed legislation, if it is enacted, involving dispositions of violating vessels, 

 cargos and related property, would place certain enforcement responsibility on 

 the Bureau of Customs, adding additional duties to the existing enforcement 

 workload of Customs officers. 



The Department has been advised by the OflSce of Management and Budget 

 that there is no objection from the standpoint of the Administration's program 

 to the submission of this report to your Committee. 

 Sincerely yours, 



Samuel R Pierce, Jr., 



General Counsel. 



The General Counsel of the Treasury, 



Washington, B.C., September 9, 1971. 

 Hon. Edward A. Garmatz, 



Chairman, Camtnittee on Merchant Marine and Fisheries, House of Representa- 

 tires, Washington, D.C. 

 Deiar Mr. Chairman : Reference is made to your request for the views of this 

 Department on H.R 7463, "To protect seals from being pursued, harassed, or 

 killed ; and for other purposes." 



