the end that no species now surviving will suffer the fate of those which no longer populate our planet. The Humane Society of the United States has long been concerned with the plight of ocean mammals. Our concern for the Northern Pacific Fur Seal in particular has resulted in the HSUS having a representative on the Pribilof Islands during part of the seal hunt season for the last four years. Our Director of Investigations, Mr. Frank J. McMahon, who will attend the seal hunt again this summer, was the only representative of a humane society on the Task Force appointed by the United States Department of the Interior in 1968 to study the seal hunt and to make suggestions and recommendations for improvements in procedure. We believe that any marine mammal bill which would be effective and guarantee protection must contain at least the following five provisions : 1. The establishment of a commission to study the marine mammal environment and current methods of taking marine mammals, including the development of more humane methods of slaughtering, and of herd population control devices. The commission, to be effective, should include representatives from humane and conservation groups as well as from government and the scientific community. 2. A minimum of a ten-year moratorium on the taking of marine mammals. 3. A ten-year ban on the importation of all ocean mammal products into the United States. 4. Vesting within the Department of the Interior the responsibility for implementation and enforcement of this regulation since it is the only government agency which presently has the experience, knowledge and capability for administering any laws relating to ocean mammals, and perhaps most important, it is the agency within our Federal Government charged with the duty of the protection of wildlife. 5. The establishment of guidelines designed to terminate the slaughter of porpoises, which are now being uselessly, wastefully and tragically killed incidental to commercial fishing operations, and the establishment of guidelines to terminate the present method of harvesting seals by clubbing on the Pribilof Islands. While you will undoubtedly hear arguments justifying the taking of marine mammals for commercial necessity, there is no argument that can refute the fact that these mammals have in the past been ruthlessly and indiscriminately slaughtered. Testimony given before the House of Representatives established the indisputable fact that little is known about the breeding habits, life cycles, or population figures of any of the marine mammals. Yet these creatures have long been pursued, harassed and killed. The rapid depletion in the number of marine mammals and the ominous threat of extinction are evidence enough that these animals need Congressional protection if their species are to survive. Strong legislation by the Congress of the United States would be an inspiration to other countries to provide similar protection. Unfortunately, it is already too late for many species. Never again will seafarers view a Sea Mink, Steller's Sea Cow, or the ill-fated Caribbean Monk Seal. Man has not learned from these tragedies! Over thirty marine mammals are presently listed as being rare or endangered. Included in this number are popular species such as the Atlantic Walrus, Ross Seal, Japanese Sea Lion, Florida Manatee, Fin Whale, Humpback Whale, Giant Otter and Blue Whale. I would now like to direct my testimony toward the legislative measures being considered by this Committee. Those bills which propose a permit system for the taking of marine mammals provide that the Secretary himself shall, by regulation, specify the methods of capture, supervision, and transportation applicable in the case of marine mammals taken under such acts. The danger in this unilateral power being vested in the Office of the Secretary as distinguished from a Marine Mammal Commission, which we strongly advocate, has been recently pointed up with respect to the action taken by the former Secretary of Commerce, Mr. Stans, on the basis of a quick personal inspection of the Pribilof Island seal slaughter, peremptorily labeling it "highly efficient and humane," thus effectively foreclosing on the possibility of any future studies or development of more modern and effective techniques by the Department of Commerce. For me to challenge the report and statement of Mr. Stans might seem to be presumptuous. However, there are many thousands of intelligent and responsible persons throughout this country who do not agree with his conclusions. Mr. McMahon has witnessed the clubbing of these seals for the last four years. Mr. Stans witnessed one kill for approximately one half hour. He did not even witness the drive from the rookeries. We are not suggesting that the Aleuts practice deliberate brutality; our organization has never made such an accusation. Nor have we offered the opinion that some of these seals are skinned alive. Rather, we have noted that while it is, in fact, possible to kill one or even a hundred seals quickly by the method now being employed, there are many that are not killed with a single blow for various reasons, including the efficiency and skill of the man wielding the club. Obviously it is not possible for every man on every occasion to be completely accurate. Nor is it possible to control the movement of the seal about to be clubbed. It is neither the intent nor the conscientiousness of the man wielding the club that we question, but a system which is both antiquated and repulsive. And for reasons I have already suggested, as well as many others which I shall not list at this time, it is by the standards of many concerned persons both cruel and inhumane. It is our contention that this government, which on numerous occasions has declared humaneness to be a matter of public policy, should pursue with great deliberation a more humane method of slaughtering these seals. There is no little suspicion that the Departments of the Interior and Commerce have been more concerned with justifying the clubbing of the seals than with seeking alternative methods for their slaughter. I urge, therefore, gentlemen, that you consider most seriously the indignation that many of us feel regarding this method of slaughter, and provide for the exploration of an alternative method that is totally humane and aesthetic if this activity of killing seals is to continue. The American people are clearly tired of senseless cruelties. The policy of the Federal Government was enunciated as recently as last week in the abandonment by Executive Order of perhaps the other single most atrocious cruelty in which the government was involved, i.e., the poisoning of wildlife throughout the West, under Federal Government sponsorship, euphemistically described as "predator control." Only the measure introduced by Senator Williams, S. 2871, provides a reasonable alternative to the unacceptable method currently used to kill these seals, where, in Section 202, the Marine Mammal Commission is required to search out new and more humane methods of controlling marine mammal herds and of taking marine mammals. The Humane Society of the United States has long contended that wildlife management programs have consistently been designed to protect commercial exploiters rather than to develop effective humane methods of controlling animal populations. Today more than ever before in the history of mankind we must concern ourselves with a respect for life. Every effort should be made to find an alternative to killing. Senator Williams' bill has given us an opportunity to initiate a new phase in animal management programs. The Humane Society of the United States feels very strongly about these provisions and we sincerely hope that they will be an integral part of any measure reported to the full Senate by this Committee. All of the measures being considered by this Committee have much to commend them, and we appreciate the concern of the sponsors of these bills. However, The Humane Society of the United States believes that S. 2871 offers the greatest protection of marine mammal life. While adhering to the general philosophy of the permit system which is favored by many distinguished members of Congress, Senator Williams' bill has not only provided an alternative to the clubbing of seals, but also make provision for protecting the porpoises and dolphins which are now being taken incidentally to purse seining of tuna. S. 2871 contains most of the criteria which the HSUS considers to be basic ingredients of any effective marine mammal bill. Inclusion of an effective moratorium, and a ban on marine mammal products, would provide marine mammals with the protection they so desperately need and deserve. In conclusion, I would remind you of the opinions of authorities such as Mr. Lee M. Talbot of the Smithsonian Institution who has said that "during the past 150 years the rate of extermination (of mammals) has increased 55-fold. If the killing goes on at this pace, in about 30 years all the remaining 4,062 species of mammals will be gone." 76-491 072 pt. 1 33 It is time, gentlemen, that the citizens of this nation, and the peoples of the world, re-evaluate the rationale upon which we base our right to destroy other life forms. Except for man, there is no other living organism on the face of this earth that has the power to act as its own destroyer. And there is no other animal or mammal on the face of this earth that acts to destroy other animals except toward the end of sustaining its own life. Yet man, throughout history, has acted to destroy both himself and other life forms, often for reasons that have no bearing on his own necessity or will for survival. Even today, we destroy some of the world's most splendid creatures for sport, recreation, pleasure, and luxury. To destroy another living creature as a necessary means to survival is one thing. But to destroy any living creature as a matter of whim is to contribute to our own destruction. As the late Joseph Wood Krutch once said, "To be truly human has always meant to be compassionate." Mr. Chairman, and gentlemen of the Committee, I thank you for inviting us to appear before you today on this most important subject. Senator HOLLINGS. The committee will be in recess. OCEAN MAMMAL PROTECTION TUESDAY, MARCH 7, 1972 U.S. SENATE, SUBCOMMITTEE ON OCEANS AND ATMOSPHERE Washington, D.C. The subcommittee met at 2:30 p.m., in room 5110, New Senate Office Building, Hon Ernest F. Hollings, (chairman), presiding. Present: Senators Hollings and Stevens. Senator HOLLINGS. This afternoon we will attempt to conclude a series of hearings on the Senate Commerce Subcommittee on Oceans and Atmosphere. The subject has been the legislation aimed at protection of ocean mammals. We have heard a wide range of testimony. It is my opinion that we will make a record which includes the latest information on this controversial subject. Throughout these hearings, we have noticed two major items: (1) The lack of scientific research, and (2) a past history of man's neglect for these animals. The Government does indeed have the responsibility to see that the bounty of nature is protected and preserved. Moreover, the United States should provide world leadership in seeking international agreements to assure the protection of such creatures as the great whales, porpoises, and other mammals which move across international boundaries. We shall keep the record open for 2 weeks after the close of today's session, so that interested parties may file their opinions with the subcommittee. I wish to thank our many witnesses who have been so cooperative with their time and efforts to help us. We would now like to hear from the distinguished wildlife panel. I am sorry you gentlemen could not have been heard previously at previously scheduled hearings. But at this time Mr. Poole, Mr. Denney, and Mr. Hampton, will you please come forward. At the close in your testimony, we will include statements by the Forestry Association and the National Audubon Society whose representatives could not be present. We have Mr. Daniel Poole, Wildlife Management Institute; Mr. Richard Denney of the American Humane Association; and Mr. Kenneth R. Hampton of the National Wildlife Federation. Proceed as you wish, gentlemen. (507) STATEMENT OF DANIEL A. POOLE, PRESIDENT, WILDLIFE MANAGEMENT INSTITUTE; ACCOMPANIED BY KENNETH R. HAMPTON, NATIONAL WILDLIFE FEDERATION; AND RICHARD N. DENNEY, THE AMERICAN HUMANE ASSOCIATION Mr. POOLE. I am Daniel Poole, president of the Wildlife Management Institute. I thank you for the invitation to appear here today with others who are interested in the future well-being of marine mammals. I am pleased to note that you have received letters from Mr. Callison of the National Audubon Society and Mr. Towell, the American Forestry Association, indicating that they are unable to be here today but asking that their statements previously submitted be included in the record. Mr. Chairman, I have also three letters that I would ask permission to have included in the record. One from the executive vice president of the Sports Fishing Institute, asking that I inform the committee of the Sport Fishing Institute's desire to be associated with the Wildlife Management Institute's statement on this matter of marine mammals. Senator HOLLINGS. It will be included. (The letter follows:) Mr. DANIEL POOLE, SPORT FISHING INSTITUTE, Washington, D.C., February 15, 1972. President, Wildlife Management Institute, DEAR DAN: This will confirm our telephone conversation of this date. As I mentioned, I shall be in Canada tomorrow (February 16), perhaps the next day also, and both Bob Martin and Dick Wade are in other parts of the country this week. Thus, we shall be unable to participate in the hearings on the important issue of marine mammals legislation. I have perused your prepared testimony intended for this purpose on behalf of your organization and find it highly meritorious and commendable. Recent discussions I have had with leaders of the tuna fishing industry confirms the belief that the killing of porpoises and dolphins during tuna fishing operations is being reduced and can in the future be virtually eliminated. I would appreciate it if you will indicate when giving your testimony that (1) other commitments preclude presentation of independent testimony by this Institute and (2) that, in lieu thereof, the Sport Fishing Institute requests that it be associated with the Wildlife Management Institute's statement on this matter, which it fully endorses. Thank you for the opportunity and privilege. RICHARD H. STROUD, Executive Vice President. Mr. POOLE. A letter from the Wildlife Society, preeminent association of American wildlife conservationists and managers, also asking that the committee be advised of their association with our statement. And finally a letter from Gen. Maxwell E. Rich, executive vice president of the National Rifle Association of America, asking that I indicate their concurrence with our statement. Senator HOLLINGS. Those will be included. (The letters follow:) |