FUR SEALS-PRIBILOF ISLANDS THURSDAY, SEPTEMBER 9, 1965 U.S. SENATE, COMMITTEE ON COMMERCE, The committee met on St. Paul Island, Pribilof Islands, State of Alaska, at 3 p.m., Hon. E. L. Bartlett presiding. Senator BARTLETT. The committee will be in order. It is not always done, but always it should be done, so today the committee meeting will start with a prayer offered by Father Lester D. Lestenkof. Father LESTEN KOF. Glory to Thee, our God, glory to Thee. O Heavenly King, the conqueror, the spirit of truth, who are everywhere present and filleth all things, the treasury of blessings and the giver of life, come and abide in us and cleanse us from every impurity; and save, Ó gracious One, our souls. Amen. Senator BARTLETT. This is a meeting of a special subcommittee of the U.S. Senate Commerce Committee. The subcommittee is convened at St. Paul to consider S. 2102, which was introduced by me on June 8, 1965. It is a bill entitled as being one to protect and conserve the North Pacific fur seals, and to administer the Pribilof Islands for the conservation of fur seals and other wildlife, and for other purposes. The meeting will be specifically concerned with this bill, but by no means will be limited to it. (The bill and agency comments follow :) [S. 2102, 89th Cong., 1st sess.] A BILL To protect and conserve the North Pacific fur seals, and to administer the Pribilof Islands for the conservation of fur seals and other wildlife, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Fur Seal Act of 1965". TITLE I-CONSERVATION AND PROTECTION OF THE NORTH PACIFIC FUR SEALS SEC. 101. It is unlawful, except as provided in this Act or by regulation of the Secretary of the Interior, for any person or vessel subject to the jurisdiction of the United States to engage in the taking of fur seals in the North Pacific Ocean or on lands or waters under the jurisdiction of the United States, or to use any port or harbor or other place under the jurisdiction of the United States for any purpose connected in any way with such taking, or for any person to transport, import, offer for sale, or possess at any port or place or on any vessel, subject to the jurisdiction of the United States, fur seals or the parts thereof, including, but not limited to, raw, dressed, or dyed fur seal skins, taken contrary to the provisions of this Act or the Convention, or for any person subject to the jurisdiction of the United States to refuse to permit, except within the territorial waters of the United States, a duly authorized official of Canada, Japan, or the Union of Soviet Socialist Republics to board and search any vessel which is outfitted for the harvesting of living marine resources and which is subject to the jurisdiction of the United States to determine whether such vessel is engaged in sealing contrary to the provisions of said Convention. SEC. 102. (a) Indians, Aleuts, and Eskimos who dwell on the coasts of the North Pacific Ocean and who take fur seals without the use of firearms in boats not transported by or used in connection with other vessels, and which are propelled entirely by oars, paddles, or sails, and manned by not more than five persons in the way said Indians, Aleuts, and Eskimos have historically practiced, are permitted to take such seals and to dispose of their skins in any manner after the skins have been officially marked and certified by a person authorized by the Secretary of the Interior. (b) The authority contained in this section shall not apply to Indians, Aleuts, and Eskimos who are employed by persons engaged in the taking of fur seals. SEC. 103. The Secretary of the Interior shall (1) conduct such scientific research and investigations on the fur seal resources of the North Pacific Ocean as he deems necessary to carry out the obligations of the United States under the convention, and (2) permit, subject to such terms and conditions as he deems desirable, the taking, transportation, importation, exportation, or possession of fur seals or their parts for educational, scientific, or exhibition purposes. SEC. 104. (a) The Secretary shall (1) take and cure fur sealskins on the Pribilof Islands and on lands subject to the jurisdiction of the United States whenever he deems such taking and curing is necessary to carry out the provisions of the convention or to manage the fur seal herd, (2) employ natives of the Pribilof Islands and, when necessary, other persons for taking and curing of fur sealskins pursuant to this section, and compensate them at rates to be determined by the Secretary, (3) deliver to authorized agents of the parties such fur sealskins as the parties are entitled under the convention, (4) utilize such quantities of fur sealskins taken pursuant to this section or forfeited to, or seized by, the United States as the Secretary deems desirable for product development and market promotion, (5) provide for the disposal or destruction of any fur sealskins that are damaged or that are determined by the Secretary to have no value or use as luxury furs, (6) provide for the processing of such quantities of fur sealskins as he deems desirable, (7) provide from time to time for the sale, pursuant to such terms and conditions as the Secretary deems desirable, of fur sealskins and products of fur seals not otherwise used or disposed of pursuant to this Act, and (8) deposit into the Treasury the proceeds from such sales, except that the Secretary shall pay annually to the Commission the proceeds from the sales of any fur sealskins that are taken contrary to the provisions of this title and the regulations issued thereunder or that are forfeited to the United States. (b) The Secretary is authorized to enter into agreements with any public or private agency or person for the purpose of carrying out the provisions of this title, other than for the purpose of taking fur seals. SEC. 105. (a) Any person authorized to enforce the provisions of this Act who has reasonable cause to believe that any vessel outfitted for the harvesting of living marine resources and subject to the jurisdiction of any of the parties to the convention is violating the provisions of article III of the convention may, except within the territorial waters of another nation, board and search such vessel. Such person shall carry a special certificate of identification issued by the Secretary of State which shall be in English, Japanese, and Russian and which shall be exhibited to the master of the vessel upon request. (b) If, after boarding and searching such vessel, such person continues to have reasonable cause to believe that such vessel, or any person on board, is violating said article, he may seize such vessel or arrest such person, or both. The Secretary of State shall, as soon as practicable, notify the party having jurisdiction over the vessel or person of such seizure or arrest and shall deliver the seized vessel or arrested person, or both, as promptly as practicable to the authorized officials of said party: Provided, That whenever said party cannot immediately accept such delivery, the Secretary of State may, upon request of said party, keep the vessel or person under surveillance within the United States. Fur seals or parts thereof discovered on seized vessels shall be subject to confiscation on the decision of the court or other authorities of the party under whose jurisdiction the trial of the offense takes place. (c) At the request of said party, the Secretary of State shall direct the person authorized to enforce the provisions of this Act to attend the trial as a winess in any case arising under said article or give testimony by deposition, and shall produce such records and files or copies thereof as may be necessary to establish the offense. SEC. 106. The President shall appoint to the Commission a United States Commissioner who shall serve at the pleasure of the President. The President may also appoint a Deputy United States Commissioner who shall serve at the pleasure of the President. The Deputy Commissioner shall be the principal adviser of the Commissioner, and shall perform the duties of the Commissioner in case of his death, resignation, absence, or illness. The Commissioner and the Deputy Commissioner shall receive no compensation for their services. The Commissioners may be paid travel expenses and per diem in lieu of subsistence at the rates authorized by section 5 of the Administrative Expense Act of 1946 (5 U.S.C. 736–2) when engaged in the performance of their duties. SEC. 107. The Secretary of State, with the concurrence of the Secretary of the Interior, is authorized to accept or reject, on behalf of the United States, recommendations made by the Commission pursuant to article V of the con vention. SEC. 108. The head of any Federal agency is authorized to consult with and provide technical assistance to the Secretary of the Interior or the Commission whenever such assistance is needed and can reasonably be furnished in carrying out the provisions of this title. Any Federal agency furnishing assistance hereunder may expend its own funds for such purposes, with or without reimbursement. SEC. 109. As used in this title, the term (a) "Convention" means the Interim Convention on the Conservation of North Pacific Fur Seals signed at Washington, on February 9, 1957, by the parties, as amended by the protocol signed at Washington, on October 8, 1963, by the parties, and any other amendment, treaty, convention, or agreement hereafter entered into by the United States for the protection of fur seals, (b) "Party" or "parties" means the United States of America, Canada, Japan, and the Union of Soviet Socialist Republics, (c) "Commission" means the North Pacific Fur Seal Commission established pursuant to article V of the convention, (d) "Sealing" means the taking of fur seals. (e) "North Pacific Ocean" means the waters of the Pacific Ocean north of the thirtieth parallel of north latitude, including the Bering, Okhotsk, and Japan Seas, (f) "Import" means to land on, or bring into, or attempt to land on, or bring into any place subject to the jurisdiction of the United States. TITLE II-ADMINISTRATION OF THE PRIBILOF ISLANDS SEC. 201. The Pribilof Islands shall continue to be administered as a special reservation by the Secretary of the Interior for the purposes of conserving, managing, and protecting the North Pacific fur seals and other wildlife, and for other purposes. SEC. 202. The Secretary, in carrying out the provisions of this title, is authorized to enter into contracts or agreements or leases with, or to issue permits to, public or private agencies or persons, including the natives of said islands, in accordance with such terms and conditions as he deems desirable, for the use of any Government-owned real or personal property located on the Pribilof Islands, for the furnishing of accommodations for tourists and other visitors, for educational, recreational, residential, or commercial purposes, for the operation, maintenance, and repair of Government-owned facilities and utilities, for the transportation and storage of food and other supplies, and for such other purposes as the Secretary deems desirable. SEC. 203. (a) In carrying out the provisions of this title, the Secretary is also authorized (1) to provide, with or without reimbursement, the natives of the Pribilof Islands with such facilities, services, and equipment as he deems necessary, including, but not limited to, food, fuel, shelter, transportation, education, and nonemergency medical and dental care, (2) to provide the employees of the Department of the Interior and other Federal agencies and their dependents, and tourists and other persons, at reasonable rates to be determined by the Secretary, with such facilities, services, and equipment as he deems necessary, including, but not limited to, food, fuel, shelter, transportation, education, and nonemergency medical and dental care, (3) to furnish Federal employees and their dependents, and other persons on the Pribilof Islands without charge emergency medical services and supplies, including transportation for such services, (4) to purchase, transport, store, and distribute such supplies and equipment to carry out the provisions of this section as the Secretary deems necessary, and (5) to purchase, construct, operate, and maintain such facilities as may be necessary to carry out the provisions of this section. (b) The proceeds from the furnishing of facilities, services, supplies, and equipment pursuant to this section shall be credited to the appropriation current at the time the proceeds are received. SEC. 204. (a) The Secretary is authorized to enter into an agreement with the Governor of the State of Alaska pursuant to which the State shall assume full responsibility for furnishing education to the natives of the Pribilof Islands, including the costs thereof. The Secretary is also authorized to enter into agreements with said Governor pursuant to which the State shall furnish to such natives adequate food, shelter, transportation, medical and dental care, and such other facilities, services, and equipment as the Secretary deems necessary. (b) Any agreement entered into pursuant to this section for the transfer to the State of the responsibility for furnishing education to the natives of the Pribilof Islands shall provide, in addition to such terms and conditions as the Secretary deems desirable, that the State of Alaska, in assuming such responsibility, shall meet the educational needs of the said natives in the same manner as the State meets the educational needs of all of its citizens, including the furnishing of necessary facilities therefor. (c) The Secretary is authorized to transfer to the State of Alaska, without reimbursement, the title to or use of such real and personal property located on the Pribilof Islands as he determines may be necessary to enable the State to assume the responsibility for carrying out any agreement entered into pursuant to this section, by lease, conveyance, exchange, or cooperative agreement upon such terms and conditions as he deems desirable. (d) Any part of the authority of the Secretary under section 203(a)(1) of this title which is covered by any agreement entered into pursuant to this section shall terminate six months after the effective date of any such agreement. SEC. 205. In carrying out the provisions of this title, the Secretary is also authorized to enter into agreements with any Federal agency for the purpose of transferring to such agency the function of providing medical and dental care to the natives of the Pribilof Islands, and such agency may expend its own funds for such purposes, with or without reimbursement. SEC. 206. (a) For the purpose of fostering self-sufficiency among the natives of the Pribilof Islands, and in order that they may enjoy local self-government, and to facilitate the establishment by such natives of a municipal corporation under the laws of the State of Alaska, the Secretary is authorized to set apart so much of the land on St. Paul Island as he determines necessary to establish a townsite. The Secretary shall survey the townsite into lots, blocks, streets, and alleys, and issue a patent therefor to a trustee appointed by the Secretary. The trustee is authorized to convey to the individual natives of the Pribilof Islands title to improved or unimproved lots or tracts of land within such townsite for homesite, commercial, or other purposes not inconsistent with the purpose for which the Secretary administers said islands, upon payment of an amount to be determined by the Secretary. Any deed issued by the trustee shall provide, in addition to such terms and conditions relating to the use of said lots or tracts as the Secretary deems necessary, that the title conveyed is inalienable except upon approval of the Secretary of the Interior. Any lot or tract conveyed by the trustee to said natives shall not be subject to levy and sale in satisfaction of the debts, contracts, or liabilities of the purchaser or to any claims of adverse possession or to claims of prescription, except that after the establishment of a municipal corporation any lot or tract conveyed to said natives shall be subject to taxation and to levy and sale in satisfaction thereof under the laws of the State of Alaska. (b) In determining the amount to be paid for the purchase of lots or tracts under subsection (a) of this section, the Secretary shall consider the economic status of the natives of the Pribilof Islands, including the factor of isolation, the restrictive nature of the title to be conveyed, the improvements, if any, placed on the property by the purchaser and such other factors as he deems pertinent: Provided, That payment shall be made in accordance with such terms and conditions as the Secretary deems desirable. (c) The net proceeds from the sale, pursuant to this section, of improved or unimproved lots or tracts shall be deposited in the Pribilof Islands' fund in the treasury for the administration of the Pribilof Islands: Provided, That whenever the Secretary determines that the municipality is capable, financially and otherwise, to provide adequate municipal services to persons inhabiting these islands, such proceeds shall thereafter be made available to the municipality. (d) Upon approval by the Secretary, the trustee shall convey, with or without reimbursement, any improved or unimproved land which was authorized to be sold under subsection (a), and which is unsold at the time of incorporation, and which is not needed in connection with the Federal activities on said islands, to the municipality for the purposes of this section: Provided, That a conveyance pursuant to this subsection shall be subject to such terms and conditions as the Secretary deems necessary to enable him to administer the Pribilof Islands as provided in this title. (e) The Secretary shall convey to the municipality at the time of incorporation all surveyed streets and alleys of the townsite, and, he may survey and convey additional streets and alleys of the townsite upon and across land purchased by the natives of the Pribilof Islands whenever he determines that it would be in the interest of the native owner of said land. The deed issued to the grantee shall reserve to the municipality the area covered by the extended streets and alleys. SEC. 207. Any person who violates or fails to comply with any regulation issued by the Secretary of the Interior under this title relating to the use and management of the Pribilof Islands or to the conservation and protection of the fur seals or wildlife or other natural resources located thereon shall be fined not more than $500 or be imprisoned not more than six months, or both. SEC. 208. The term "Pribilof Islands" as used in this title includes, but is not limited to, the islands of Saint Paul and Saint George, Walrus and Otter Islands, and Sea Lion Rock. SEC. 209. (a) Service by natives of the Pribilof Islands engaged in the taking and curing of fur sealskins and other activities in connection with the administration of such islands prior to January 1, 1950, as determined by the Secretary of the Interior based on records available to him, shall be considered for purposes of credit under the Civil Service Retirement Act, as amended (5 U.S.C. 2251-2267), as civilian service performed by an employee, as defined in said Act. (b) Notwithstanding any other provision of this Act or any other law, benefits under the Civil Service Retirement Act made available by reason of the provisions of this section shall be paid from the civil service retirement and disability fund. TITLE III-GENERAL SEC. 301. (a) Every vessel subject to the jurisdiction of the United States that is employed in any manner in connection with a violation of the provisions of this Act, including its tackle, apparel, furniture, appurtenances, cargo, and stores shall be subject to forfeiture and all fur seals, or parts thereof, taken or retained in violation of this Act or the monetary value thereof shall be forfeited. (b) All provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of a vessel, including its tackle, apparel, furniture, appurtenances, cargo, and stores for violation of the customs laws the disposition of such vessel, including its tackle, apparel, furniture, appurtenances, cargo, and stores or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, insofar as such provisions of law are applicable and not inconsistent with the provisions of this Act. SEC. 302. (a) Enforcement of the provisions of this Act is the joint responsibility of the Secretary of the Interior, the Secretary of the Treasury, and the Secretary of the Department in which the Coast Guard is operating. In addition, the Secretary of the Interior may designate officers and employees of the States of the United States to carry out enforcement activities hereunder. |