much more than adequate to repopulate quickly, ocean mammals have a small reproductive capacity. In the case of the whale, only one-fourth of the population can contribute replacements each year, and then only a single baby. A female whale can be expected to produce offspring only every other year. Female dolphins are thought not to bred oftener than once a year, possibly once every 2 years. Female seals reproduce each year, but the mortality of seal pups is high: up to 50 percent of them die in their first year and up to 70 percent of one year's pups may die before their third year. When we include those taken commercially, 99 percent of the young male seals under the age of 5 years do not survive. The need to protect ocean mammals for scientific studies cannot be overemphasized. The story of these animals is by no means complete. For the most part they are remote and unmanageable and man must study them under great disadvantage. Because of the highly migratory nature of ocean mammals it will be many years before all the information can be obtained which will enable us to understand the complex ways in which they enrich our environment and our lives. In recent years there has been increasing public awareness of these reasons for preserving ocean mammals and also of the danger which man poses to them. As a result a number of plans have been offered in both the Senate and the House in an attempt to control the killing for commercial purposes of these animals. One such plan is embodied in S. 1315, a bill introduced by Senator Harris, and of which I am a cosponsor, which will be considered during the course of these hearings. This bill would, with certain limited exceptions, place an absolute prohibition on the taking of ocean mammals on either land or sea by persons subject to the jurisdiction of the United States. In addition, Senator Harris' bill would prohibit importation of marine mammals, or parts of such animals. And it would express the sense of the Congress that the North Pacific Fur Seal Convention should not be renewed after its termination in 1975. I wholeheartedly support the objectives of this legislation. However, I believe we must address ourselves to questions which have arisen regarding the implications of an absolute ban on the taking of marine mammals. We must consider whether a complete ban would interfere with appropriate management of these animals, for some can be managed only through international cooperation and various formal agreements between countries. There is a very real possibility,and one which must not be overlooked, that the termination of the North Pacific Fur Seal Convention would result in a return to uncontrolled sealing in international waters by countries such as Canada and Japan which are parties to the treaty. Such action would also remove any deterrent to additional countries which are in a position to engage in this wasteful practice. And I am concerned that an absolute prohibition may be in violation of other international agreements which have been entered into by the United States, and that it would hinder U.S. participation in future negotiations. The United States is presently party to several other treaties concerned with the conservation of marine mammals. These include the International Convention for the Regulation of Whaling and the International Convention for the Northwest Atlantic Fisheries. The latter agreement includes a panel authorized to propose studies and make conservation recommendations on certain seal populations in the Northwest Atlantic. In addition, meetings have been held and studies instituted regarding the Arctic polar bear. Preliminary discussions have been held on the ice-dwelling seals, including walrus, of the Bering and Chukchi Seas. Discussions are also now underway on the conservation of the seals of the Antarctic. As an outgrowth of these conferences, it is expected that further scientific studies will be proposed and carried out, and various conservation requirements recommended and instituted. The United States is involved in all three of these conservation efforts. As you can see, a good many of the marine mammals of the world are presently the subject of international agreements to which the United States is a party, or are under international discussion which could lead to conservation agreements. We therefore, it seems to me, must consider very carefully the consequences of any action which might have a detrimental effect on present and future negotiations. It would be unfortunate indeed if our effort produced results directly opposite to those that we are seeking effective protection, nationally and internationally, for marine mammals. We must also consider the possibility that a culling of some ocean mammals may at some time be desirable in order to reduce overpopu lation detrimental to a certain species. It is for these reasons that I introduced S. 2871. I believe it provides a sound approach to the management of all species of marine mammals, while providing maximum protection. This bill makes provision for development of an international program for the protection of marine mammals. It also provides for a review of the activities involved in the taking of fur seals on the Pribilof Islands, and under the Fur Seal Convention, in order to determine whether these activities should be curtailed or terminated. This bill embraces the theory that management efforts, based on a solid foundation of scientific knowledge, could prove the most effective means of maintaining a maximum variety and optimum numbers of ocean mammals. In my judgment it presents an effective alternative to legislation calling for an absolute ban on the taking of marine mammals. S. 2871 provides comprehensive authority to the Secretary of the Interior to manage the taking of all marine mammals within the jurisdiction of the United States. The bill covers all marine mammals, including seals, whale, polar bears, walruses, and other mammals which spend all or a good part of their lives at sea. Title I makes it unlawful for any person or vessel subject to the jurisdiction of the United States to take any marine mammal on the high seas, in waters or on land under the jurisdiction of the United States; to possess, sell, or offer for sale any such mammal or part thereof in interstate commerce. It virtually prohibits the importation of any marine mammal or part thereof into this country. However, in order to provide for scientific management, the Secretary of the Interior is authorized to issue permits for the taking of marine mammals, but only after notice and opportunity for public hearing. Before issuing a permit he is required to make an annual determination of the quotas to be taken, subject to review by the public and by an independent panel which would be free of connection to interested commercial parties. Civil and criminal penalties are provided for violation of the law, as well as forfeiture of the animals. In order to permit an appropriate study of marine mammals, section 103 provides that for a 10-year period following the effective date of the act, no permits shall be issued for the commercial taking of any marine mammal-with two exceptions. The exceptions are taking of seals on the Pribilof Islands in accordance with the North Pacific Fur Seal Convention, and taking of porpoises and dolphins incident to commercial fishing operations. It is a tragic fact that some 200,000 porpoises are killed annually in the course of American tuna fleet operations. For this reason, my bill stipulates that no method of commercial fishing shall be employed which is not certified by the Secretary as being consistent with the goal of eliminating injury or death to these animals incident to the capture of the tuna fish. The Secretary is directed to cooperate with other Federal agencies in developing new fishing methods which would avoid injury or death to dolphins and porpoises. I was very heartened by the recent announcement from the Department of Commerce that a new technique for reducing the number of porpoises and dolphins trapped in large tuna nets has lowered their mortality by 75 percent in recent tests. However, it is clear that there is still much work to be done if we are to accomplish the goal of completely eliminating this needless killing. My purpose in including this provision is to ensure that the needed research and development of new methods of catching tuna will continue at a rapid pace and reduce the dolphin kill rate by 100 percent. As I will explain shortly, I also intend to propose a 1-year deadline for accomplishing this. The Secretary is also directed to cooperate with other Federal agencies in developing international programs for the protection of ocean mammals. And he would be required to take every possible step to encourage the adoption of international agreements which would be appropriate for carrying out such a program. The bill also directs the Secretary to develop cooperative arrangements with the States to cover the taking of marine mammals in the territorial waters of any State. Title II of the bill establishes a three-man Marine Mammal Commission composed of individuals knowledgeable in the field of ecology and marine mammal affairs. These would be people who have not been, nor currently are, in a position to profit from the taking of these animals. Mr. Chairman, since I first introduced this bill I have received several constructive suggestions for its modification; I would like to recommend these changes to the committee. They are briefly: (1) The addition of a cut-off date 1 year after the effective. date of the act, after which time no dolphin or porpoise could be killed incidental to the capture of tuna. (2) In order to provide an incentive for giving information which may lead to the arrest or conviction of violators of the act, the incorporation of a provision for a reward to any person who furnishes such information in an amount equal to one-half of the fine incurred, not to exceed $2,500 for each violation. (3) A raise in the civil penalty for violation of the act from $5,000 to $10,000 and the criminal penalty from $10,000 to $20,000. Finally, (4) The requirement that any international agreements entered into be ratified by the Senate. Also that the Secretary in developing cooperative arrangements with the States for conservation and protection of marine mammals shall make no provisions which are less protective of marine mammals than the provisions of the act. In addition, I will submit to the committee in writing several other changes which I believe, although minor, will serve to strengthen the bill. There are several bills before the committee which deal with the protection of some or all species of ocean mammals. All have the same goal-the elimination of the unnecessary and wasteful practice of slaughtering defenseless animals for purely financial gain. I realize that my bill may not be the ultimate answer to the complex problem before us-that of formulating the most comprehensive and workable program for the protection of ocean mammals. However, I believe this bill provides a solid base upon which to begin to meet the enormous responsibility with which we are faced, and I believe that it is deserving of your most serious consideration. I know it will receive that and I appreciate this opportunity and appreciate the expedition with which you have heard my statement. Senator HOLLINGS. We certainly have, Senator, given a lot of study to this subject. Is there scientific foundation to support the need for a ten-year moratorium? Why not 15? Would a 5-year moratorium do as well? Can you determine the facts in 5 years, or is there scientific reason for your having suggested in the legislation 10 years Senator WILLIAMS. People more knowledgeable than I could answer with greater certainty at this time. I am advised that the study of mammals is a very difficult business. Their habits are not as certain as the salmon, for example. We know where that particular fish is at any time of the year. But the mammals I understand are harder to follow because their habits are different and their locations are not as predictable. I am told 10 years, but I am sure that people that this committee knows of would probably be able to answer that. My advice is 10 years. Senator HOLLINGS. The amended suggestion of a cut-off date of 1 year after which no dolphin or porpoise could be killed incidental to the capture of tuna-do you think that is acceptable? Senator WILLIAMS. As I understand, the studies in progress have reached a point of significant results and with this intensive effort to find the sure way, I think at this point that the one year period is realistic. Senator He Lr S. Senator Stevens? Senator STEVENS. I am interested in your reference, Senator Williams. On the first page of your statement that 99 percent of the young male seals under 5 years do not survive That fact is new information as far as I am concerned. Could you tell us the source of your facts? I am not questioning you; I am questioning the facts. Senator WILLIAMS. I would have to rely on staff to know exactly where we got that. It is a surprising figure to me too, but it was not Senator STEVENS. The figures I have indicated that the fur seal population in Alaska in 1911 was 200,000 and that we are now at a sustaining level in excess of a million under the management program that has been carried out. Would your bill require a moratorium on the taking of them such as the Pribilof seal operation, or management practices that have actually improved the conditions of the herd? Senator WILLIAMS. No, that is why I do not call for termination of the agreements dealing with the seals. (The following information was subsequently received for the record :) Hon. ERNEST F. HOLLINGS, U.S. SENATE, COMMITTEE ON LABOR AND PUBLIC WELFARE, Washington, D.C., February 18, 1972. Chairman, Subcommittee on Oceans and Atmosphere, DEAR FRITZ: At one point during my testimony on the marine mammal legis- HARRISON A. WILLIAMS, Jr. Senator STEVENS. I am grateful to you for that. May I ask you one other thing about the concepts that are involved. You mentioned the discussions of the polar bear, and we will have some people here who have just returned from the International Polar Bear Conference. Do you feel that the measure which will become law in this area should override State laws where the State laws are actually as stringent as the Federal law? Is there room in your approach for the application of State law where good management practices exist? Senator WILLIAMS. There is. The only proviso is that they are equally effective. Senator STEVENS. That being a determination by the Secretary as to that? Senator WILLIAMS. Yes, sir. It calls for close cooperation with the States in the objectives of this legislation. Senator STEVENS. But you do favor a moratorium on killing of marine mammals, legislatively; is that right? Senator WILLIAMS. With the exceptions included in the bill. Senator WILLIAMS. I think the exceptions are realistic. Certainly there are exceptions for the necessary taking by Eskimos, for example. This is provided for. |