54 



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

 would serve the Secretary of the Treasury or his designate. 



Thia Department has no comment on the merits of the bill. The primary ad- 

 ministrative and enfbircement interests would seem to be in the Departmenits of > 

 the Interior, State and Commerce. The Department anticipates no unusual ad- 

 ministrative or enforcement responsibilities which those Departments, together 

 with this Department and the Department of Trtansportation, would not be able 

 to fulfill cooperatively. 



The Department anticipates that the seizure and forfeiture provisions of the 

 bill, if it is enacted, involving dispositions of violating vessels, cargos and 

 related property, would place certain enforcement responsibility on the Bu- 

 reau of Customs, adding additional duties to the existing enforcement workload 

 of Customs officers. 



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

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

 to the submission of this report to your Committee. 

 iSincerely yours, 



Samuel R. Pierce, Jr., 



General Counsel. 



The Geneeal Counsel of the Treasuet, 



WasMnffton, B.C., September 11, 1971. 

 Hon. Edward A. Gaematz, 



Ghavrman, Committee on Merchant Marine and Fisheries, 

 Hotise of Representatives, 

 Washington, B.C. 



Deab Mr. Chairman : Reference is made to your request for the views and 

 recommendations of this Department on H.R. 10420, la bill "To protect marine 

 mammals ; to estahlish a Marine Mammal Commission ; and for other purpioses." 



iSection 2 of the bill would find that certain species and population stocks of 

 marine mammals are, or may be, in danger of disappearance as a result of man's 

 activities ; since marine mammals have proven to be resources of great interna- 

 tional signifieanice, it would declare it to be the sense of Congress that they 

 should be protected to the greatest possible extent Commensurlate with sound 

 policies of resource manlagement. 



Sections 101-103 of Title I of the bill would make it unlawful, with certain 

 exceptions, for any person or vessel subject to the jurisdiction of the United 

 States to take any marine mammal, use places under United States jurisdiction 

 in violation of the bill, or for any person to possess, transport, sell, or offer for 

 sale in interstate commerce, or import into the United States, any marine mam- 

 mal or part thereof. Certain limitations on, and i^ermits for, the taking of ocean 

 mammals would be prescribed and issued by the Secretary of the Interior. Ex- 

 ceptions w^ould be made for traditional, non-commercial taking by Indians, 

 Aleuts and Eskimos. The Secretary of the Interior would be authorized to con- 

 sent to the capture of marine mammals by qualified iiersons for public display or 

 educational purposes, or for legitimate scientific or medical research, as well as 

 under cooperative arrangements with States. 



Section 104 of the Mil would provide for personlal violators a civil penalty 

 which may be compromised by the Secretary of the Interior; criminal liabili- 

 ties of a fine or imprisonment for knowing violators are also provided. 



iSection 105 would provide that vessels and equipment used in violation of the 

 proposed law, as well as marine mammals or parts, or the monetary Value there- 

 of, shall be forfeited, as for violation of the Customs laws. 



Section 106 would provide that the Secretary of the Interior shall enforce the 

 provisions of Title I and states that "any person authorized by the Secretary to 

 enforce this title" may execute any pertinent warrant or process or make relevant 

 arrests, searches or seizure. 



In addition to directing the development of an international protective pro- 

 gram, the bill would direct a review of current activities under the North Pacific 

 Fur Seal Convention. 



Title II of the bill would establish a Marine Mammal Commission which would 

 study the marine mammal situation generally, make appropriate recommenda- 

 tions, and coordinate activities with, and use facilities of, other Federal agencies. 



This Department takes no position on the merits of the bill. The primary ad- 

 ministrative and enforcement interests would seem to be in the Departments of 

 the Interior, State, and Commerce, although officers of the Bureau of Customs 



