403 



There has been much mention of scientific data in these hearino^s. The 

 truth is that we are sadly lacking in such data. We know of Large 

 whales mostly as carcasses. New research is important. It must be 

 imaginative, but it will be expensive. The funds mentioned in H.R. 

 10420 are not adequate. But such funds in support of research should 

 not be restricted in support of any one agency. It is vital that the Office 

 of Naval Research, the National Oceanic and Atmospheric Adminis- 

 tration, and university scientists all be supported at levels in accord 

 with national need. The latter group, in particular — ^the university 

 scientists — have not received the support needed, yet it is they who 

 have done the broadest work on the biology of marine mammals. Gov- 

 ernment bureaus are, by design, restricted in their missions. 



4. ESTABLISHING JURISDICTION AMONG FEDERAL AND STATE AGENCIES 



Our concern is not so much with who has jurisdiction, but : (1) that 

 any one agency exercise control in legislation; (2) that management 

 and enforcement are strengthened on a local level, and (3) that the 

 agency have power to influence international negotiations. It is surely 

 obvious that a Federal agency should be designated. At present, the 

 Departments of Commerce and the Interior have conflicting powers. 

 We look toward the creation of a Department of Natural Resources, 

 but this will be little more than an empty reorganization so long as 

 some marine mammals are considered wildlife and others, fisheries, 

 continuing the present irrational and nonecological division. Thus, we 

 recommend that plans for a Department of Natural Resources be 

 enacted, but that the present division between commercial activities 

 and wildlife activities be discontinued. 



With regard to States' rights, it would seem desirable to establish 

 Federal policy and regulations to which all States would adhere. The 

 only marine mammals that may be considered resident within single 

 States' territorial waters are the manatees and sea otters. The most 

 severe States' limitations are with regard to international agreement 

 and the narrow inshore waters in their jurisdiction. 



We defer to the lawyers to solve this difficult but important issue. 

 There is simply no sense in conflict here, and it must be Federal policy 

 that we conserve and manage marine mammals, at least on a national 

 level. 



5. PROMOTING GREATER INTERNATIONAL COOPERATION IN MARINE MAMMAL 

 RESEARCH, CONSERVATION AND MANAGEMENT 



Those cognizant with the 1958 Geneva Convention recognize the 

 conflict between marine law and ecology. The regime of res communis 

 and maintenance of an open fishery severely restrict eiforts to conserve 

 the resources of the hig'h seas. The treatment, in law, of marine mam- 

 mals, at least large whales and the fur seal, represents significant legal 

 exception in spite of admitted shortcomings in other regards. 



It is essential, however, that we seek to advance international coop- 

 eration, both on a species and a regional level. That is, we must seek to 

 include all marine mammals under international treaty and, further, 

 to devise regional treaties with regard to the use of certain seas as a 

 whole. 



