and having arrived here when the land was enshrouded in fog. We were traveling in a Coast Guard plane and made four passes at the landing field, none of them being successful. We had intended if we could get here that day, to travel by ship over to St. George. Now the limitation of time will not make that possible. And so the committee is very grateful to the group from St. George for having come over here to participate in this hearing.

Because the Congress is still in session, we are going to have to leave here tomorrow on the return journey. Before then we hope to get as much testimony as possible, and in other ways acquaint ourselves with the situation here and at St. George so that we may be best prepared to act wisely and well in respect to any legislation affecting these islands and the people of these islands which may be acted upon by the Congress.

So much for that.

There will be printed in full in the record the text of S. 2102. I want all of you to know that this is merely a working draft. Very few bills that are introduced in the Congress, either in the House of Representatives or in the Senate, are passed in the form in which they are introduced. As testimony is taken, ideas are projected and changes are made which are deemed useful to the legislation in question. And so it probably will be in this case.

You should know that not I, as the author of the bill and the Senator who introduced it, nor anyone else, feels it has to be in exactly its present form. As I say, this is a working draft only.

There will be printed in the record at this point the text of the Convention on Conservation of North Pacific Fur Seals. I think this information will be essential to a thorough understanding of the problem when the committee considers the bill initially and when the Senate later does.

(The text of the treaty follows:)

20

[Treaties and Other International Acts Series 3948]

NORTH PACIFIC FUR SEALS*

Interim Convention Between the United States of America, Canada, Japan, and the Union of Soviet Socialist Republics

(Multilateral)

Interim convention signed at Washington February 9, 1957; Ratification advised by the Senate of the United States of America August 8, 1957;

Ratified by the President of the United States of America August 30, 1957; Ratifications deposited with the Government of the United States of America as follows: by the United States of America and by Canada on September 16, 1957; by Japan on September 20, 1957; and by the Union of Soviet Socialist Republics on October 14, 1957; Proclaimed by the President of the United States of America November 15, 1957;

Entered into force October 14, 1957.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

WHEREAS an interim convention on conservation of North Pacific fur seals was signed at Washington on February 9, 1957 by the respective representatives of the Governments of the United States of America, Canada, Japan, and the Union of Soviet Socialist Republics;

WHEREAS the text of the said convention, in the English language, is word for word as follows:

INTERIM CONVENTION ON CONSERVATION OF NORTH PACIFIC

FUR SEALS

The Governments of Canada, Japan, the Union of Soviet Socialist Republics, and the United States of America,

Desiring to take effective measures towards achieving the maximum sustainable productivity of the fur seal resources of the

*North Pacific Fur Seal Convention-"Japan Ratifies Protocol Amending Interim Convention on Conservation of Fur Seals: On April 10, 1964, Japan deposited ratification of a Protocol amending the Interim Convention on Conservation of the North Pacific Fur Seals. The Protocol (done at Washington, D.C., October 8, 1963) relates to the continuation of the Interim Convention for another six-year period and reflects the recommendations adopted by the North Pacific Fur Seal Commission on November 30, 1962. The Protocol entered into force on April 10, 1964." (Bulletin, U.S. Department of State, April 27, 1964.)

NOTE: See Commercial Fisheries Review, April 1964 p. 48; December 1963 p. 52.

North Pacific Ocean so that the fur seal populations can be brought to and maintained at the levels which will provide the greatest harvest year after year, with due regard to their relation to the productivity of other living marine resources of the area,

Recognizing that in order to determine such measures it is necessary to conduct adequate scientific research on the said resources, and

Desiring to provide for international cooperation in achieving these objectives, Agree as follows:

ARTICLE I

1. The term "pelagic sealing" is hereby defined for the purposes of this Convention as meaning the killing, taking, or hunting in any manner whatsoever of fur seals at sea.

2. The words "each year", "annual” and “annually" as used hereinafter refer to Convention year, that is, the year beginning on the date of entry into force of the Convention.

3. Nothing in this Convention shall be deemed to affect in any way the position of the Parties in regard to the limits of territorial waters or to the jurisdiction over fisheries.

ARTICLE II

1. In order to realize the objectives of this Convention, the Parties agree to coordinate necessary scientific research programs and to cooperate in investigating the fur seal resources of the North Pacific Ocean to determine:

(a) what measures may be necessary to make possible the maximum sustainable productivity of the fur seal resources so that the fur seal populations can be brought to and maintained at the levels which will provide the greatest harvest year after year; and

(b) what the relationship is between fur seals and other living marine resources and whether fur seals have detrimental effects on other living marine resources substantially exploited by any of the Parties and, if so, to what extent.

2. The research referred to in the preceding paragraph shall include studies of the following subjects:

(a) size of each fur seal herd and its age and sex composition; (b) natural mortality of the different age groups and recruitment of young to each age or size class at present and subsequent population levels;

(c) with regard to each of the herds, the effect upon the magnitude of recruitment of variations in the size and the age and sex composition of the annual kill;

(d) migration routes of fur seals and their wintering areas; (e) numbers of seals from each herd found on the migration routes and in wintering areas and their ages and sexes;

(f) extent to which the food habits of fur seals affect commercial fish catches and the damage fur seals inflict on fishing gear; and

Prior thereto the relationship of employer and employee did not exist, they being virtual wards of the Government, and any compensation received was on a fee basis. Such period will not be credited in determining retirement benefits."

Under this administrative ruling the older Aleuts now of retirement age do not have creditable service for retirement before 1950.

This section of the bill changes the administrative ruling of the Commission. Available records leave a great deal to be desired in terms of estabilshing service credit in a conventional manner. It appears, however, that those individuals who were in an "employment status" can be identified for each year back to 1919. Although records of actual time worked prior to 1950 do not exist, valid assumptions, based on practices followed then, can be made from records which do exist. It was the policy of the Bureau of Commercial Fisheries prior to 1950 to provide substantially full-time year-around employment to all able-bodied male residents. Approximately 6 months of each year involved employment preparing for the seal harvest, actual harvest of the seals, and closing down operations following completion of the harvest. Also, it was during this period that much of the outside maintenance and construction work on roads and facilities was performed. To accomplish this work, outside laborers, in addition to the resident labor force, were imported each summer. During the other 6 months of the year, employees were assigned to inside village tasks. Each employee had a definite assignment and was expected to be on duty during prescribed working hours.

It should not be necessary to determine the actual earnings of employees for periods prior to 1950 for retirement purposes. Because of the change in pay policy which occurred in 1950, an employee's highest 5-year annual earnings would be subsequent to 1950 in every case. Therefore, earnings prior to 1950 would never be a factor in annuity computation.

In summary, records exist which could provide the basis for crediting service performed prior to 1950. If such service could be credited it would make a material difference in the retirement annuities payable to employees having years of services before 1950.

S. 2102 repeals the 1944 Fur Seal Act. That act now affords protection to the sea otter on the high seas. S 2102, however, contains no similar protection.

We recognize that, with the advent of statehood, the taking of sea otters in Alaskan waters is now subject to State regulation. The otters, however, also need protection outside the 3-mile limit.

While most sea otters in the Alaska area remain within the 3-mile limit, some do occur regularly outside that limit at least to the 30-fathom curve. For example, over 2,800 sea otters now range along the north coast of Unimak Island in the Aleutians and the adjacent northwestern tip of the Alaska Peninsula. Here, the 30-fathom curve extends out 6 to 8 miles from the shore. These are relatively shallow waters and provide feeding habitat for sea otters which dive for bottom-dwelling invertebrates to a depth of 20 to 22 fathoms or more.

In a recent report of the Bureau of Sport Fisheries and Wildlife of this Department on an "Aerial Survey of Sea Otters and Other Marine MammalsAlaska Peninsula and Aleutian Islands-April 19, to May 9, 1965," it was said: "The large size of this population and the opportunity for otters to find food beyond the 3-mile limit, where they would be vulnerable to hunters, is of particular significance and indicates a need for protective legislation."

Upon repeal of the 1944 act, the sea otter will be left without protection on the high seas. Once the sea otter skins, that the State of Alaska obtained a few years ago as a result of an experimental harvest, are sold and a market is established, illegal killing on the high seas can be expected to occur. We think that Alaska would then welcome Federal protection in waters outside the 3-mile limit. This protection would further the State's conservation efforts.

It should be noted that Executive Order No. 1733 which established the Aleutian Islands National Wildlife Refuge on March 3, 1913, specifically provided for the protection of sea otters among the other animals listed in the order. At the time of the refuge's establishment, the sea otter population was nearly extinct. A few animals were found near some of the islands within the reservation. In recent years, substantial colonies of sea otters have been appearing at many of the islands within the refuge. This appearance indicates movements of the animals far beyond the 3-mile limit.

A population of "southern sea otters" off the California coast is considered as "endangered." They are protected under California law. These animals inhabit territorial waters and range, to some extent, beyond the 3-mile limit.

They

formerly occurred in numbers along the coast and around the Farallon Islands and islands off southern California, from 25 to 60 miles from the mainland. They were eliminated from those islands years ago, but recent records from the Channel Islands indicate that they may be reestablishing themselves on some of them. It is obvious that they do, at times, traverse the "high seas" off California. Protection outside California's territorial waters should be continued.

We, therefore, strongly recommend that the bill be amended by inserting after section 209 a new title III to read as follows:

"TITLE III-PROTECTION OF SEA OTTERS ON THE HIGH SEAS

"SEC. 301. (a) It is unlawful, except as provided in this Act or by regulations issued by the Secretary of the Interior, for any person subject to the jurisdiction of the United States to take or engage in the taking of sea otters on the high seas beyond the territorial waters of the United States, or to possess, transport, sell, purchase, or offer to sell or purchase sea otters or their parts taken on the high seas, or to destroy, abandon, or waste needlessly sea otters on the high seas.

"(b) The possession of sea otters or any part thereof by any person contrary to the provisions of this Act shall constitute prima facie evidence that the sea otter or part thereof was taken, purchased, sold, or transported in violation of the provisions of this Act or the regulations issued thereunder.

"SEC. 302. The Secretary is authorized, from time to time, to sell, pursuant to such terms and conditions as he deems desirable, or otherwise dispose of, sea otter skins and all the products derived from sea otters that are forfeited to, or seized by, the United States pursuant to this Act, or that are taken by the Secretary on the high seas or within the Aleutian Islands National Wildlife Refuge for conservation, scientific, or management purposes. The proceeds of such sales shall be deposited in the Pribilof Islands fund in the treasury."

In view of the above amendment, we recommend that the present title III in the bill be renumbered as title IV and that sections 301 to 308 be renumbered as sections 401 to 408.

Renumbered title IV of the bill contains provisions relating to enforcement with respect to persons and vessels subject to the jurisdiction of the United States. It also authorizes the Secretary of the Interior to enter into contracts for research with any person or public or private agency in carrying out the program authorized by this bill. This latter provision will enable the Department to utilize the authority contained in the act of September 6, 1958 (42 U.S.C. 1891– 1893) relating to the making of grants for basic scientific research.

Renumbered section 408(b) of the bill is technical. It revises the last three sentences in section 6(e) of the Alaska Statehood Act. We believe that this provision is desirable.

Section 6(e) now provides for State participation in the proceeds from the Federal sale of sea otter skins, including those taken within the Aleutian Islands National Wildlife Refuge. Since successful management includes some harvesting, there will probably be some receipts from these sales. Thus, we recommend there be inserted after the word "sealskins" on page 19, line 1 of the bill, the words "or sea-otter skins."

We recommend the following technical amendments:

1. On page 2, line 23, insert a coma after "persons".

2. On page 3, amend line 5 to read as follows: "by any person engaged in the taking of fur seals or under contract to deliver the skins to any person".

3. On page 3, lines 18 and 23, page 4, lines 24 and 25, and on page 6, line 21, change the word "convention to "Convention".

4. On page 4, line 10, after "deposit into" insert "The Pribilof Islands fund in”. 5. On page 5, line 3, delete the words "Secretary of State" and insert therein "Secretary of the Interior or the Secretary of the Treasury".

6. On page 5, line 12, after the words "shall deliver" insert "or cause to deliver".

7. On page 5, line 16, after the word "State" insert a comma and "through the Secretary of the Interior or the Secretary of the Treasury,".

8. On page 5, line 22, delete "Secretary of State" and insert "Secretary of the Interior or the Secretary of the Treasury".

9. Delete the last sentence in subsection (b) of section 105 of the bill. The provision is unnecessary.

10. On page 7, line 9, after the word "parties" delete the clause following thereafter.