and Arctic Ocean coasts, whose sole source of income derives from the marginal seas adjacent to their historic homes, could certainly qualify for permits under the provisions of section 102, the hearing procedures required in that section would militate against effective participation as a practical matter for a people with only limited contact with civilization or, for that matter, with the English language itself. We believe that existing State game management programs when supplemented in federally controlled areas by appropriate regulations (which can only be issued after sufficient study) would be the most satisfactory soluton. Accordingly, our revised bill places no express limitations on Natives, as opposed to other persons, and section 6(b) directs the Secretary, in issuing regulations, to take account of the traditional activities of Natives.

Section 109 poses much the same jurisdictional problem which has already been discussed with respect to section 3(5) (A). It would be much more appropriate to authorize the Secretary to "seek" cooperative arrangements with the States and our revised bill so provides in section 11.

Section 110 poses serious problems. If the Secretary were to follow the procedures outlined in this section, he would almost certainly abrogate the existing fur seal convention. This in turn would probably result in the resumption of high seas sealing for northern fur seals by several other countries thus reverting back to the unselective and destructive method of sealing which was utilized prior to the 1911 convention. Our revised bill provides in section 6(a) that the Secretary must obtain the concurrence of the Secretary of State in issuing any proposed regulations and further directs the Secretary of State, in section 12, to undertake the necessary steps to enter into new international arrangements and revise existing ones to conform with the purposes of the Act.

The Department supports the concept of a citizen-commission. However, such a commission should be of limited duration with a provision for statutory extension. A permanent commission could result in duplication of effort and might unnecessarily compete for management and research money. We submit that the purpose of a commission is to fill the short-term goal of reviewing existing policies and practices. In addition, the Department does not believe that the President should be limited in his selection of commission members, either through the nomination process, or as a result of limiting criteria in the subject legislation. The Department would suggest that the commission be enlarged and that the qualifications for membership be deleted so that the commission could be more broadly representative and section 9 of our revised bill so provides.

In summary, for the foregoing reasons we would favor the enactment of H.R. 10420 in the revised form enclosed.

We have been advised by the Office of Management and Budget that there would be no objection to the submission of our report to the Congress from the standpoint of the Administration's program.

Sincerely,

KARL E. BAKKE, Acting General Counsel.

DEPARTMENT OF COMMERCE

PROPOSED AMENDMENTS OF H.R. 10420

Strike all that follows the enacting clause and insert the following: Section 2

(a) The Congress finds that

(1) Marine mammals have proven themselves to be resources of international significance, recreational, esthetic and economic;

(2) While substantial information has been obtained concerning certain species of marine mammals, there is a requirement for additional knowledge with respect to the population dynamics of marine mammals and the factors which bear upon their ability to reproduce themselves successfully;

(3) Negotiations should be undertaken, as appropriate, to further encourage the development of international arrangements for research concerning management and conservation of marine mammals.

(b) The Congress declares that

(1) It is the public policy of the United States to provide for the conservation and management of marine mammals in order to achieve an optimum ecological, recreational, esthetic and continuing economic benefit, and to assure that no species of marine mammals become threatened with extinc

tion, and to take measures to restore the populations of marine mammals which may be substantially depleted or threatened with extinction.

(2) It is the sense of Congress that there be exercised by the Federal Government such regulatory authority as may be found to be necessary to advance the policy expressed herein. It is further the sense of Congress that such regulatory authority be exercised consonant with Federal concern for the livelihood and well-being of Natives, recreational and economic factors, the authority and responsibility of the several States for the conservation and management of marine mammals, and for implementation of the Convention on Fishing and Conservation of the Living Resources of the High Seas.

Section 3

For the purposes of this Act:

(a) "Marine mammal” shall mean any mammal which is morphologically adapted to the marine environment, including members of the orders Pinnipedia and Cetacea, sea otters, and manatees and any mammal which primarily inhabits the marine environment such as the polar bear, or any part, products, or offspring thereof, or the dead body or parts thereof.

(b) "Person" means any individual, partnership, corporation, joint venture, joint stock company, unincorporated association, or other organization subject to the jurisdiction of the United States.

(c) "High seas" means the waters seaward of the territorial sea of the United States.

(d) The term "taking" shall mean wounding, capturing or killing or hunting or pursuing with an intent to wound, capture or kill.

(e) "Natives" shall mean any Indians, Aleuts, Eskimos or other aborigines traditionally deriving their subsistence or livelihood, in whole or in part, by taking marine mammals.

(f) "Secretary" shall mean the Secretary of Commerce or the Secretary of the Interior as appropriate in the context and as related to their functions with respect to the marine mammals over which they exercise regulatory authority as provided in section 4 hereof.

Section 4

(a) The Secretary of Commerce shall exercise the regulatory and other authority granted by this Act over all cetaceans, seals, and sea lions.

(b) The Secretary of the Interior shall exercise the regulatory and other authority granted by this Act over all other marine mammals.

(c) The authority granted in this Act shall be in addition to other authorities relating to marine mammals exercised by the Secretaries, and, in the exercise of such other authorities for the conservation and management of marine mammals, the Secretaries of Commerce and Interior shall take into account the policies expressed herein.

Section 5

(a) It shall be unlawful for any person, vessel, airplane or other conveyance to take any marine mammal on the high seas in violation of regulations issued by the Secretary pursuant to this Act.

(b) It shall be unlawful for any person, in violation of regulations issued by the Secretary pursuant to this Act, knowingly (i) to possess, transport, sell, offer for sale or process in the United States or (ii) to deliver, carry, import or receive into the United States any marine mammal taken on the high seas.

(c) It shall be unlawful for any person, in violation of regulations issued by the Secretary pursuant to this Act, knowingly (i) to possess, transport, sell, offer for sale or process in the United States or (ii) to deliver, carry, import or receive into the United States any living marine resource (or any portion or product thereof) if in the taking of such resource any marine mammal is taken on the high seas.

(d) No person shall fail to keep such records or to make such reports as may be required pursuant to regulations issued under this Act.

(e) No person shall (i) refuse to allow a duly authorized enforcement officer on board and inspect a vessel, airplane, or conveyance subject to the jurisdiction of the United States in order to enforce this Act, or (ii) in any other way interfere wtih enforcement of this Act.

Section 6

(a) As soon as reasonably practicable following the enactment of this Act, the Secretary, with the concurrence of the Secretary of State and after notice and opportunity for public hearing, shall issue such regulations as he deems necessary and appropriate to carry out the purposes of this Act. Such regulations may include, without limitation, (i) provisions for the issuance of general and particular licenses or permits for the conduct of activities described in section 5 of this Act; (ii) such limitations on the taking of any species of marine mammal as the Secretary deems necessary for the conservation or management of said species, including the taking of marine mammals incidental to commercial fishing operations; and (iii) provisions for controlling the use of vessels, airplane, and other conveyances in connection with the taking of marine mammals. In issuing such regulations the Secretary may, in addition to such other procedures as may be specified by law, consult and cooperate with the interested States.

(b) In issuing regulations under subsection (a) hereof, the Secretary shall take into account (1) the findings and purposes expressed in section 2 of this Act; (ii) whether or not affected species of marine mammals are threatened with extinction, or substantial depletion by natural or man-made causes; (iii) whether or not affected species of marine mammals can be managed on a sustained-yield basis; (iv) the results of studies, research and development undertaken pursuant to this Act: (v) the need for taking marine mammals for medical, scientific, and education purposes: (vi) traditional activities of Natives; (vii) economic factors; (viii) whether or not regulation would be effective because of the activities of persons not subject to the jurisdiction of the United States; (ix) recreation factors; and (x) such other factors as may be relevant to the conservation and management of marine mammals. Section 7

(a) Any person who commits a violation specified in section hereof (other than violations referred to in section 7(b) below) shall be assessed a civil penalty of not more than $2500 by the District Court of the United States for any district in which such person is found, resides or transactions business, enforcement of such penalty to be instituted by the Attorney General at the request of the Secretary.

(b) Any person who knowingly commits a violation specified in section 5(a), and any person who commits a violation specified in section 5(b) or (c), shall be guilty of a misdemeanor and shall be subject to a fine of up to $10,000.

(c) Any vessel, airplane or other conveyance subject to the jurisdiction of the United States that is employed in connection with a violation referred to in section 7(b) hereof including its tackle, apparel, furniture, appurtenances, cargo, and stores, shall be subject to forfeiture and all marine mammals taken or retained in violation of regulations issued pursuant to this Act and all living marine resources (or portion or product thereof) possessed, transported, sold, offered for sale, processed, delivered, carried, imported or received in violation of regulations issued pursuant to this Act or, in either case, the monetary value thereof shall be forfeited.

(d) All provisions of law relating to the seizure, summary, and judicial forfeiture, and condemnation of a vessel, airplane or other conveyance including its tackle, apparel, furniture, appurtenances, cargo, and stores, for violation of the customs laws, the disposition of such vessel, airplane or other conveyance including its tackle, apparel, furniture, appuretenances, cargo, and stores, or the proceeds from the sale thereof, and remission of 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.

(e) Each violation of any regulations issued pursuant to this Act shall constitute a separate offense.

Section 8

(a) This Act shall be enforced by the Secretaries of Commerce, Interior, Treasury, and the Department in which the Coast Guard is operating. The Secretaries may utilize, by agreement, the personnel, services, and facilities of any other Federal agency for purposes of enforcing this Act.

(b) The Secretaries may also designate officers and employees of any State or of any possession of the United States to enforce the provisions of this Act.

When so designated, such officers and employees are authorized to function as Federal law enforcement agents for these purposes, but they shall not be held and considered as employees of the United States for the purposes of any laws administered by the Civil Service Commission.

(c) The judges of the United States district courts and the United States commissioners may, within their respective jurisdictions, upon proper oath or affirmation, showing probable cause, issue such warrants or other process as may be required for enforcement of this Act and any regulations issued thereunder. (d) Any person authorized to enforce this Act may execute any warrant or process issued by any officer or court of competent jurisdiction for the enforcement of this Act.

(e) Such person so authorized may—

(1) with or without warrant or other process, arrest any person committing in his presence or view a violation of this Act or the regulations issued thereunder;

(2) with a warrant or other process, or without a warrant or other process if he has reasonable cause to believe that a vessel, airplane or other conveyance subject to the jurisdiction of the United States or any person on board is in violation of any regulation issued pursuant to this Act, search such vessel, airplane or other conveyance and arrest such person; any person arrested pursuant to this provision shall be immediately escorted to the nearest place at which sits a District Court of the United States for arraignment; (3) seize, whenever and wherever found, all marine mammals taken or retained in violation of any regulation issued pursuant to this Act and shall dispose of them in accordance with regulations prescribed by the Secretary.

(f) Any Customs Officer may refuse entry or require the exportation of any marine mammal whose entry into the United States is prohibited by regulations issued pursuant to this Act. Any person may appeal such refusal of entry or order of exportation to the Supervisory Customs Officer for the Customs District in question.

Section 9

(a) There is hereby established a Marine Mammals Commission (hereinafter referred to as the Commission.) The Commission shall be composed of seven members who shall be appointed by, and serve at the pleasure of, the President. The President shall designate a Chairman of the Commission from among its members.

(b) The Commission shall meet in Washington, D.C., at least once every year, and shall meet at other times at the call of the Chairman. Thirty days after the third anniversary date of the establishment of the Commission it shall cease to exist unless otherwise extended by Law.

(c) Subject to applicable laws and regulations, the Commission shall have access to all studies and data compiled by Federal agencies regarding marine mammals.

(d) Members of the Commission, other than government employees, may each be compensated at the rate of $100 for each day such member is engaged in the actual performance of duties vested in the Commission. Each member shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in Government service employed intermittently.

(e) The Commission may establish such staff, hire such consultants and contract for such studies as it deems necesary to carry out it functions.

(f) The Commission shall have an Executive Director who shall be appointed by the Chairman with the approval of the Commission and shall be paid at a rate not in excess of the maximum rate for GS-18 of the General Schedule under section 5332 of title 5, United States Code. The Executive Director shall have such duties as the Chairman may assign.

Section 10

(a) The Commission shall:

(1) Undertake a comprehensive review and study of the activities of the United States pursuant to the Interim Convention on Conservation of North Pacific Fur Seals and the Fur Seal Act of 1966, and the International Convention for the Regulation of Whaling and the Whaling Convention Act of 1949, and report its findings and recommendations to the Secretaries of Commerce, Interior and State no later than June 1, 1972.

(2) Conduct a review of the condition of the species of marine mammals, and of humane methods for their management.

(3) Review and make recommendations regarding studies of marine mammals for the purpose of determining the need for conservation and management of such marine mammals.

(4) Recommend annually, or more frequently as appropriate, to the ap propriate Federal agencies such additional measures, legislative, regulatory, or programmatic, as it deems necessary to further the policies of this Act. Thereafter such recommendation shall be made public.

(5) Consult with Natives with regard to formulation of Commission recommendations which affect them.

(6) Recommend to the Secretary of State appropriate policies regarding existing international arrangements for the conservation and management of marine mammals, and suggest appropriate international arrangements for the conservation and management of marine mammals.

(7) Recommend to the Secretary of the Interior revisions of the Endangered Species List authorized by the Endangered Species Conservation Act of 1969 pertaining to marine mammals.

(b) The Commission shall submit annually a report to the President, for transmittal to Congress, summarizing its activities, findings and recommendations.

(c) Copies of recommendations made pursuant to paragraphs 1, 4, 6, and 7 of subsection (a) of this section shall be furnished by the Commission to all appropriate Federal agencies.

Section 11

The Secretary is authorized to seek cooperative arrangements with the appropriate officials of the several States for the conservation and management of marine mammals.

Section 12

The Secretary of State, in consultation with the Secretaries, shall undertake steps when appropriate to revise existing international arrangements, or to establish new international arrangements for the conservation and management of marine mammals consonant with the purposes of this Act.

Section 13

The Secretary is hereby authorized to institute such programs of research and development as he may deem necessary or appropriate to carry out the purposes of this Act.

Section 14

The invalidity of any portion of this Act shall not affect any other portion. Section 15

There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

U.S. CIVIL SERVICE COMMISSION,
Washington, D.C., September 16, 1971.

Hon. EDWARD A. GARMATZ,

Chairman, Committee on Merchant Marine and Fisheries,

House of Representatives.

DEAR MR. CHAIRMAN: This is in further response to your request for the views of the Civil Service Commission on H.R. 10420, a bill "To protect marine mammals; to establish a Marine Mammal Commission; and for other purposes."

The comments in this report are limited to recommendations for improving and clarifying certain personnel provisions in the bill.

Section 201 of H. R. 10420 establishes a Marine Mammal Commission which will be composed of three members appointed by the President. Each member will be paid $100 a day when he is engaged in the actual performance of duties of that Commission and will be reimbursed for travel expenses under the statutory provisions generally applicable to intermittent employees. An Executive Director will be appointed by the Chairman of the new Commission and paid at a rate not exceeding the rate for GS-18 (currently limited to $36,000).