219 



ecutive and the legislative branches when Reorganization Plan No. 4 

 of 1970 was approved. 



Section 5 is a prohibition section dealing with the taking of marine 

 mammals and related activities. 



Section 6 creates procedures for the promulgation of regulations. 

 Subsection (b) spells out the several criteria which would guide the 

 Secretary in the formulation of appropriate regulations. There is a 

 specific provision for insuring public involvement in this process. 



Section 7 provides for penalties in cases where provisions of the act 

 and regulations thereunder have been violated. 



Section 8 provides for the enforcement procedures and confers au- 

 thority for judicial process. 



Section 9 establishes a Marine Mammal Commission, appointed by 

 the President, and also provides for an Executive Director. In our 

 view, the Commission created by this section would play an important 

 role in providing to the Government and the public an independent 

 study and evaluation of the conservation problems affecting marine 

 mammals. Fundamental issues underlie every aspect of marine mam- 

 mal activities involving not only scientific research in a traditional 

 sense, but matters more closely related to the general public conscience. 

 We anticipate that the Commission will be able to provide guidance 

 in this area. 



Section 10 enumerates the duties and responsibilities of the Com- 

 mission. Among other things, it specifically would require a compre- 

 hensive review of activities conducted under the Fur Seal Convention 

 and Whaling Convention. It would require that recommendations be 

 made at least annually, and possibly more frequently, to appropriate 

 Federal agencies concerning additional measures to further the policies 

 of the act. These recommendations must take into account, among 

 other things, the humane methods of managing marine mammals. It 

 would also require consultations with Natives concerning recommenda- 

 tions which might affect them. It would authorize the Commission to 

 make recommendations to the Secretary of State concerning interna- 

 tional activities related to marine mammals. Finally, it would authorize 

 the Commission to recommend revision of the endangered species list 

 as it pertains to marine mammals. 



Section 1 1 authorizes the Secretary to seek cooperative arrangements 

 with tlie States concerning marine mammals. 



Section 12 deals with international relationships. 



Section 18 authorizes the respective Secretaries to carry out such 

 research and development programs as are deemed necessary to carry 

 out the purjwses of the act. 



Section l4 is the standard separability clause. 



Section 15 is the authorization section. 



Thank you very much, Mr. Chairman, for this opportunity to ex- 

 press our JDepartment of Commerce/NOAA/NMFS views on this im- 

 portant issue. I would like to point out that our report to the coni- 

 mittee, including our revised version of H.R. 10420 and this testi- 

 mony, have been developed in consultation with all of the affected de- 

 partments and agencies of the executive branch. I will be pleased to 

 try to answer any questions the committee might have. 



Mr. DixGELL. Mr. Pollock, you have given the committee very help- 

 ful and complete testimony. 



I would like to just ask this one question to make the record very 

 clear. 



