32 1 Committee. Each member shall be reimbursed for travel 2 expenses, including per diem in lieu of subsistence, as au 3 thorized by section 5703 of title 5, United States Code, for 4 persons in Government service employed intermittently. 5 (c) The Commission shall consult with the Committee 6 on all studies and recommendations which it may propose to 7 make or has made, on research programs conducted or pro8 posed to be conducted under the authority of this Act, and 9 on all applications made pursuant to section 103 of this Act 10 for permits for scientific research. Any recommendations 11 made by the Committee or any of its members which are not 12 adopted by the Commission shall be transmitted by the Com13 mission to the appropriate Federal agency and to the appro14 priate committees of Congress with a detailed explanation of 15 the Commission's reasons for not accepting such recom16 mendations. 17 18 COMMISSION REPORTS SEC. 204. The Commission shall transmit to Congress, 19 by January 31 of each year, a report which shall include— (1) a description of the activities and accomplishments of the Commission during the immediately preceding year; and 20 21 92 (2) all the findings and recommendations made by and to the Commission pursuant to section 202, together with the responses made to these recommendations. 33 COORDINATION WITH OTHER FEDERAL AGENCIES 1 2 SEC. 205. The Commission shall have access to all studies and data compiled by Federal agencies regarding 3 4 marine mammals. With the consent of the appropriate Sec retary or Agency head, the Commission may also utilize the facilities or services of any Federal agency and shall take every feasible step to avoid duplication of research and to carry out the purposes of this Act. ADMINISTRATION OF COMMISSION SEC. 206. The Commission, in carrying out its responsibilities under this title, may (1) employ and fix the compensation of such personnel; (2) acquire, furnish, and equip such office space; (3) enter into such contracts or agreements with other organizations, both public and private; (4) procure the services of such experts or consultants or an organization thereof as is authorized under section 3109 of title 5, United States Code (but at rates for individuals not to exceed $100 per diem); and (5) incur such necessary expenses and exercise such other powers, as are consistent with and reasonably required to perform its functions under this title. Financial and administrative serv ices (including those related to budgeting, accounting, finan 34 1 cial reporting, personnel, and procurement) shall be pro2 vided the Commission by the General Services Administra3 tion, for which payment shall be made in advance, or by 4 reimbursement from funds of the Commission in such 5 amounts as may be agreed upon by the Chairman and the 6 Administrator of the General Services Administration. 7 11 AUTHORIZATIONS 8 SEC. 207. There are authorized to be appropriated for 9 the fiscal year in which this title is enacted and for the next 10 four fiscal years thereafter such sums as may be necessary to carry out this title, but the sums appropriated for any such 12 year shall not exceed $1,000,000. Not less than three-fourths 13 of the total amount of the sums appropriated pursuant to 14 this section for any such year shall be expended on research 15 and studies conducted under the authority of section 202 (a) 16 (2) and (3). 92D CONGRESS 2D SESSION S. 3161 IN THE SENATE OF THE UNITED STATES MARCH 15, 1972 Referred to the Committee on Commerce and ordered to be printed AMENDMENT Intended to be proposed by Mr. STEVENS to S. 3161, a bill to protect marine mammals: to establish a Marine Mammal Commission: and for other purposes, viz: 66 1 On page 23. line 2, strike out the period and add the 2 following: " provided that such taking may be for handmade 3 native arts and crafts and clothing.". Amdt. No. 1048 76-491 0-72 - pt. 1 - 10 OFFICE OF THE DEPUTY ATTORNEY GENERAL, Hon. WARREN G. MAGNUSON, U.S. Senate, Washington, D.C. DEAR SENATOR: This is in response to your request for the views of the Department of Justice on S. 685, a bill "To amend the Fur Seal Act of 1966 by prohibiting the clubbing of seals after July 1, 1972, the taking of seal pups, and the taking of female seals on the Pribilof Islands or on any other land and water under the jurisdiction of the United States." The bill would add new provisions to the Fur Seal Act of 1966 (16 U.S.C. 1151-1187) to prohibit the killing of seals by clubbing after July 1, 1972, and the taking of the skin of any seal under one year of age or of any female seal. The Secretary of the Interior would be directed to initiate or contract for research on alternative means of killing seals and to adopt regulations prescribing more painless techniques. Transportation in interstate commerce, or sale after such transportation, of seals or skins of seals killed or taken in violation of the added prohibitions would be punishable by a fine of not more than $2,000, or imprisonment for not more than one year, or both. Whether this legislation should be enacted involves questions as to which the Department of Justice defers to the Department of Cemmerce, to which administration of the Pribilof Islands was transferred by Reorganization Plan #4 of 1970. The Office of Management and Budget has advised that there is no objection to the submission of this report from the standpoint of the Administration's program. Sincerely, RICHARD G. KLEINDIENST, Deputy Attorney General. U. S. DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, Washington, D.C., September 20, 1971. Hon. WARREN G. MAGNUSON, Washington, D.C. DEAR MR. CHAIRMAN: This responds to your request for comment on S. 685, a bill "To amend the Fur Seal Act of 1966 by prohibiting the clubbing of seals after July 1, 1972, the taking of seal pups, and the taking of female seals on the Probilof Islands or on any other land and water under the jurisdiction of the United States." As this bill pertains to program responsibilities now vested in the Department of Commerce, we defer to its judgment concerning the advisability of enactment. S. 685 purports to regulate further the taking of North Pacific fur seals under a program administered by the Federal Government pursuant to the Fur Seal Act of 1966 (16 U.S.C. 1151 et seg.). S. 685 would amend sections 104, 109, 404 and 405 of the Fur Seal Act of 1966 to prohibit the killing of seals by clubbing after July 1, 1972, the taking of the skin of any seal under one year of age, and the taking of the skin of any female seal. It would further direct the Secretary of Commerce to initiate research on alternative means of killing seals, and to adopt regulations which reflect the results of such research. S. 685 adopts the premise that management of the Pribilof fur seal herd pursuant to the Convention and the Fur Seal Act of 1966 is inhumane and/or has caused the depletion of this resource. The Department of Commerce, to which this program responsibility was transferred by Reorganization Plan No. 4 of 1970, can best assess that premise in light of recent data. During our administration of the program, exhaustive research failed to support the conclusions of those who seek to end the fur seal harvest. To the contrary, available evidence indicated that international cooperation had resulted in a larger, more healthy herd. |