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[H.R. 10569, H.R. 10803, »2d Cong., first sess.] 



BILLS To protect ocean mammals from being pursued, harassed, or killed, and for other 



purposes 



Be it enacted by the Senate and House of Representatives of the United States 

 of America in Congress assembled, That the following Act may be cited as the 

 "Ocean Mammal Protection Act of 1971". 



Title I — Findings and Declarations of Policy 



FINDINGS 



Sec. 101. The Congress finds that ocean mammals are being ruthlessly pursued, 

 harassed, and killed, both at sea and on land by hunters of many nations of the 

 world. 



The Congress further finds that many ocean mammals will become rare, if not 

 extinct, unless steps are taken to stop their slaughter. 



DECLARATIONS OF POLICY 



Sec 102. (a) It is hereby declared to be the public policy of the United States 

 to protect all ocean mammals from harassment or slaughter. 



(b) It is hereby declared to be the further public policy of the United States 

 that negotiations should be undertaken with foreign governments and through 

 interested international organizations with a view to obtaining a worldwide 

 ban on the further slaughter of ocean mammals. 



Title II — General Prohibitions 



DEFINITIONS 



Sec. 201. For the purpose of this title — 



(a) "ocean mammals" means all seal, whale, walrus, manatee or sea cow, 

 sea otter, sea lion, polar bear, porpoise, and dolphin ; 



(h) "person" includes individual, partnership, coriwration, association, 

 and Federal and State agencies ; and 



(c) the terms "take" or "taking" or "taken" mean to harass, pursue, hunt, 

 shoot, dynamite, capture, collect, kill, or attempt to harass, pursue, hunt, 

 shoot, dynamite, capture, collect, or kill. 



PROHIBITIONS 



Sec 202. (a) It is unlawful, except as provided in section 203 of this title or 

 in title III, for any person or vessel subject to the jurisdiction of the United 

 States to engage in the taking of ocean mammals either on the high seas or on 

 lands or waters under the jurisdiction of the United States, or use any port or 

 harbor or other place under the jurisdiction of the United States for any purpose 

 connected in any way with such taking, or for any person to transport, import, 

 offer for sale, or possess at any port or place or on any vessel, subject to the 

 jurisdiction of the United States, ocean mammals or the parts of ocean mam- 

 mals taken after the enactment of this Act, including but not limited to, raw, 

 dressed, or dyed fur or skins. 



(b) The possession of ocean mammals or any part thereof by any person 

 contrary to the provisions of this Act shall constitute prima facie evidence that 

 ocean mammal or part thereof was taken, purchased, sold, or transported in 

 violation of the provisions of this Act or the regulations issued thereunder. 



EXCEPTIONS FOR INDIANS, ALEUTS, AND ESKIMOS 



Sec 203. (a) Indians, Aleuts, and Eskimos who dwell on the coasts of the 

 North Pacific or Arctic Oceans are permitted to take ocean mammals (except 

 polar bears) for their own use but not for sale: Provided, however. That such 

 taking must be done in accordance with customary traditions and as an adjunct 

 of the native culture. 



(b) The authority contained in this section shall not apply to Indians, 

 Aleuts, and Eskimos who are employed by any person under the provisions of 

 the Fur Seal Act of 1966 or title III of this Act for the purpose of taking ocean 

 mammals, or who are under contract or agreement to deliver the skins to any 

 person. 



