221 



I recognize that this is an extensive list of questions, although I anticipate 

 that most of the answers to these can be readily found by reference to statistics 

 already on hand. If it should appear that some of these questions cannot be 

 immediately answered, I would appreciate your forwarding these answers no 

 later than August 16 but expediting those which can be readily obtained. 



Thank you for your assistance. 



Sincerely, _ ^ 



JOHX D. DiNGELL, 



Chairman, Subcommittee on Fisheries 



and Wildlife Conservation. 



The Secretary of Commerce, 

 Washington, D.C., September 7, 1971. 



Hon. John D. Dingell, .. .> ... 



Chairman Subcommittee on Fisheries and Wildlife Conservation, Committee 

 on Merchant Marine and Fisheries, House of Representatives, Washington, 

 D.C. 



Dear Mr. Chairman : By letter dated August 4, 1971, you raised 17 questions 

 on behalf of the Subcommittee on Fisheries and Wildlife concerning the man- 

 agement of ocean mammals. . , . ^ 



Personnel of the National Marine Fisheries Service in this Departments 

 National Oceanic and Atmospheric Administration have prepared the enclosed 

 report in response to these questions. ^ ^ .-, 4. 



Your continued interest in our program is appreciated and we trust that 

 you find our comments helpful. 



Sincerely, ,, „ 



Maurice H. Stans, 



Secretary of Commerce. 

 Enclosure. 



U.S. Department of Commerce, 

 National Oceanic and Atmospheric Administration, 



National Marine Fisheries Service, 



August 18, 1971. 



Report on Questions Raised by the Committee on Merchant Marine 

 AND Fisheries on Marine Mammals 



Question No. 1. What legal tools does your Department presently have which 

 permit the imposition of effective controls over the taking of ocean mammals? 



Answer. Legal control exercised over mairine mammals in this Department 

 is ba.sed on the Fish and Wildlife Act of 1956, as amended (70 Stat. 1119; 

 16 U.S.C. 742a-742), which states that the Bureau of Commercial Fisheries 

 (now the National Marine Fisheries Service) shall be responsible for whales, 

 seals, and sea lions. The Bureau of Sport Fisheries and Wildlife shall be respon- 

 sible for sea mammals except whales, seals, and sea lions. More specifically, 

 we have authorities regarding seals under the Fur Seal Act of 1966 (80 Stat. 

 1091; 16 U.S.C. 1151 et seq.) and regarding whales under the Whaling Conven- 

 tion Act of 1949 (64 Stat. 42; 16 U.S.C. 916-9161). The legal authorities over 

 fur seals and whales as stated in these Acts implement the 1957 Interim Con- 

 vention on Conservation of North Pacific Fur Seals, and the 1946 International 

 Convention for the Regulation of Whaling. 



Question No. 2. Would any additional authorities be of assistance to you, 

 and if so, icould you recommend their enactment? Please specify. 



Answer. No specific authority other than that cited in answer to question 

 1 has been granted this Department. Although the several states generally regu- 

 late marine mammals within territorial waters, and some regulate their own 

 citizens outside of territorial waters, there is no general Federal authority 

 granted to this Department for marine mammals. We are considering what types 

 of additional authority, if any, might be desirable, but we are not in a position 

 at this time to put forth any specific legislative recommendations on behalf 

 of the Administration. 



Question No. 3. What do you believe to be the natural size of the (Pribilof 

 fur seal) herd? Upon ivhat authority? 



Answer. We define the natural size of the herd as the average population 

 level maintained prior to commercial exploitation. There are no historical data 

 available for this population, but it would probably be 2.0 to 2.5 million. 



Question No. 4. What do you believe to be the optimmn size of that herd? 

 Upon ichat authority? 



