maximally painless to the seals, and shall, not later than April 1, 1972, adopt regulations requiring that after July 1, 1972, such technique be the only permissible method of killing seals.

"The Secretary shall, moreover, initiate or contract for research on shortening the seal drive from rookery to hauling ground, and on minimizing the stress upon seals during that drive."

[H.R. 6554, H.R. 6558, H.R. 6801, H.R. 7217, H.R. 7229, H.R. 7431, H.R. 7477, H.R. 7530, H.R. 7555, H.R. 7556, H.R. 7706, H.R. 7794, H.R. 7861, H.R. 7891, H.R. 7952, H.R. 8105, H.R. 8391, H.R. 8526, H.R. 8804, H.R. 9041, H.R. 9356, H.R. 9409, H.R. 9557, H.R. 9917, 92d Cong., first sess.]

BILLS to protect ocean mammals from being pursued, harassed, or killed; and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following Act may be cited as the "Ocean Mammal Protection Act of 1971".

TITLE I-FINDINGS AND DECLARATIONS OF POLICY

FINDINGS

SEO. 101. The Congress finds that ocean mammals are being ruthlessly pursued, harassed, or killed, both at sea and on land by hunters of many nations of the world. The Congress further finds that many ocean mammals will become rare, if not extinct, unless steps are taken to stop their slaughter.

DECLARATIONS OF POLICY

SEC. 102. (a) It is hereby declared to be the public policy of the United States to protect all ocean mammals from harassment or slaughter.

(b) It is hereby declared to be the further public policy of the United States that negotiations should be undertaken with foreign governments and through interested international organizations with a view to obtaining a worldwide ban on the further slaughter of ocean mammals.

TITLE II-GENERAL PROHIBITIONS

DEFINITIONS

SEC. 201. For the purposes of this title

(a) "ocean mammals" means all seal, whole, walrus, manatee or sea cow, sea otter, sea lion, polar bear, porpoise, and dolphin;

(b) "Person" includes individual, partnership, corporation, association, and federal and state agencies; and

(c) the terms "take" or "taking" or "taken" mean to harass, pursue, hunt, shoot, dynamite, capture, collect, kill, or attempt to harass, pursue, hunt, shoot, dynamite, capture, collect or kill.

PROHIBITIONS

SEC. 202. (a) It is unlawful, except as provided in section 203 of this title or in title III, for any person or vessel subject to the jurisdiction of the United States to engage in the taking of ocean mammals either on the high seas 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, ocean mammals or the parts of ocean mammals taken after the enactment of this Act, including but not limited to, raw, dressed, or dyed fur or skins.

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

EXCEPTION FOR INDIANS, ALEUTS, AND ESKIMOS

SEC. 203. (a)) Indians, Aleuts, and Eskimos who dwell on the coasts of the North Pacific or Arctic oceans are permitted to take ocean mammals (except polar bears) for their own use but not for sale: Provided, however, That such taking must be done in accordance with customary traditions and as an adjunct of the native culture.

(b) The authority contained in this section shall not apply to Indians, Aleuts, and Eskimos who are employed by any person under the provisions of the Fur Seal Act of 1966 or title III of this Act for the purpose of taking ocean mammals, or who are under contract or agreement to deliver the skins to any person. EXCEPTIONS FOR MEDICAL AND SCIENTIFIC RESEARCH AND FOR MUNICIPAL AND/OR OTHER NONPROFIT ZOOS

SEC. 204. (a) Nothing herein shall be considered to be a prohibition against municipal and/or other nonprofit zoos from obtaining written consent from the Secretary of Interior to humanely capture a representative number of the ocean mammals herein defined or replacement for deceased or otherwise ailing members of these species in these zoos.

(b) Further, nothing herein shall be construed to be a prohibition against the humane capture of a select number of these species of ocean mammals for certificable scientific and/or medical research.

(c) Regulations shall be promulgated by the Secretary of Interior for the purposes of subsections (a) and (b) above as to who shall be granted permission and for what purposes. Further, methods of capture, supervision and transportation shall be subjects of said regulations by the Secretary.

FORFEITURE

SEC. 205. (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 title, including its tackle, apparel, furniture, appurtenance, cargo, and stores shall be subject to forfeiture and all ocean mammals or parts thereof, taken or retained in violation of this title 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 remission of mitigation of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this title, insofar as such provisions of law are applicable and not inconsistent with the provisions of this title.

ENFORCEMENT

SEC. 206. (a) Enforcement of the provisions of this title is the joint responsibility of the Secretaries of State, Treasury, Interior, Commerce and Transportation. In addition, the Secretary of Interior may designate officers and employees of the States of the United States to enforce the provisions of this Act, which relates to persons or vessels subject to the jurisdiction of the United States. 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.

(b) 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, including warrants or other process issued in admiralty proceedings in Federal district courts, as may be required for enforcement of this title and any regulations issued thereunder.

(c) Any person authorized to carry out enforcement activities hereunder shall have the power to execute any warrant or process issued by any officer or court of competent jurisdiction for the enforcement of this title.

(d) Such person so authorized shall have the power

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

(2) with a warrant or other process or without a warrant, if he has reasonable cause to believe that a vessel subject to the jurisdiction of the United States or any person on board is in violation of any provision of this title or the regulations issued thereunder, to search such vessel and to arrest such person.

(e) Such person so authorized may seize any vessel subject to the jurisdiction of the United States, together with its tackle, apparel, furniture, appurtenances, cargo and stores, used or employed contrary to the provisions of this title or the regulations issued hereunder or which it reasonably appears has been used or employed contrary to the provisions of this title or the regulations issued hereunder.

(f) Such person so authorized may seize, whenever and wherever found, all ocean mammals or parts thereof taken or retained in violation of this title or the regulations issued thereunder and shall dispose of them in accordance with such regulations.

SEC. 207. The Secretaries of State, Treasury, Interior, Commerce and Transportation are authorized to issue regulations to carry out the provisions of this title.

SEC. 208. Any person violating the provisions of this title or the regulations issued thereunder shall on the first offense be fined not more than $5,000 or imprisoned not more than one year, or both; on conviction of second and subsequent offenses, the violator shall be fined not more than $10,000 or jailed for not less than one nor more than three years, or both.

SEC. 208. Title III ("Protection of Sea Otters on the High Seas") of Public Law 89-702 is hereby repealed.

TITLE III-NORTH PACIFIC FUR SEALS

TERMINATION OF NORTH PACIFIC FUR SEAL CONVENTION

SEC. 301. It is the sense of the Congress that the North Pacific Fur Seal Convention, signed on February 9, 1957, should not be continued after its current termination date in 1975, and that the said Convention should be permitted to expire in 1976.

Further, it is the sense of the Congress that the Secretary of State should immediately notify the other parties to the Convention that the United States does no intend to extend its life beyond 1976.

Further, it is the sense of the Congress that the Secretary of State should immediately initiate negotiations with the parties to the Convention and any other interested States for the purpose of obtaining an international agreement or agreements to ban all killing of North Pacific Fur Seals whether at sea or on land.

INTERIM ARRANGEMENTS

SEC. 302. (a) After enactment of this Act, no further North Pacific Fur Seals shall be killed to fill the United States "quota" (70 per centum) under the terms of the North Pacific Fur Seal Convention; all skins or parts thereof of the Alaskan Fur Seal shall be banned from import into the United States or in interstate commerce between the States; any agreement under Section 104 of the Fur Seal Act of 1966 for the processing of skins in any State other than Alaska shall be terminated.

(b) To honor our treaty provisions, between the enactment of this Act and the expiration of the North Pacific Fur Seal Convention, Japan and Canada will be given the option of taking the average dollar value (over the last five years) of the 15 per centum of the kill to which they are entitled or to take nine thousand skins each, to be shipped directly from the Pribilof Islands to those countries. If Japan or Canada elects to take the skins, the killing in the Pribilofs shall be done in the most humane manner and as close to the shore as possible. Further, to the extent practicable, such killings shall first be of old or crippled bachelor seals and second of old or crippled female seals; no seal under one year of age shall be killed.

ESTABLISHMENT OF PRIBILOF SEAL ROOKERY

SEC. 303. The Pribilof Islands shall be designated a National Seal Rookery Preserve and Bird Sanctuary under the Department of Interior; and the native Aleuts shall be given the Opportunity to be the Rangers and guides for this purpose, and they shall be given whatever training necessary for these jobs.

PRIBILOF ISLANDS COMMISSION

SEC. 404. The President, with the advice and consent of the Senate, shall appoint a Commission to help in the transfer of the Pribilof Islands from a place of killing into a preserve, to help promote tourism, and to develop an economy on the Island for the Aleuts to take the place of their participation in the slaughter of the seals. The commission shall be comprised of a number of Pribilof Aleut natives, and it shall include the Secretaries or their designates from the Departments of State, Treasury, Commerce, the Administrator of the Small Business Administration, the Governor of Alaska, and two independent scientists in the fields of ocean biology and ecology.

REPEALER

SEC. 405. Such provisions of the Fur Seal Act of 1966 which are inconsistent herewith are hereby repealed.

[H.R. 6804, 92d Cong., first sess.]

A BILL To require the Secretary of the Interior to make a comprehensive study of the polar bear, seal, walrus, and cetaceans for the purpose of developing adequate conservation measures

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior, in cooperation with the States, shall make a comprehensive study of the polar bear, seal, walrus, and cetaceans, taking into consideration, among other things, the distribution, migrations, and population of these mammals and the effects of hunting, disease, pesticides and other chemicals, and food shortages on them, for the purpose of developing adequate and effective measures, including appropriate laws and regulations, to conserve such mammals on the high seas or on land, and to insure humane treatment in all cases. The Secretary of the Interior shall submit, through the President, a report on the study, together with such recommendations, including suggested legislation, that he deems appropriate, to the Congress no later than January 1, 1976.

SEC. 2. For the purpose of carrying out the provisions of this Act, there is hereby authorized to be appropriated the sum of $100,000 for the fiscal year ending June 30, 1972, and for each of the three succeeding fiscal years.

[H.R. 7463, H.R. 7638, 92d Cong., first sess.]

BILLS To protect seals from being pursued, harassed, or killed; and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following Act may be cited as the "Seal Protection Act of 1971".

TITLE I-FINDINGS AND DECLARATIONS OF POLICY

FINDINGS

SEC. 101. The Congress finds that seals are being ruthlessly pursued, harassed, and killed, both at sea and on land by hunters of many nations of the world. The Congress further finds that seals may become rare, if not extinct, unless steps are taken to stop their slaughter.

DECLARATIONS OF POLICY

SEC. 102. (a) It is hereby declared to be the public policy of the United States to protect seals from harassment or slaughter.

(b) It is hereby declared to be the further public policy of the United States that negotiations should be undertaken with foreign governments and through interested international organizations with a view to obtaining a worldwide ban on the further slaughter of seals.

TITLE II-GENERAL PROHIBITIONS

DEFINITIONS

SEC. 201. For the purpose of this title,

(a) "Person" includes individual, partnership, corporation, association, and Federal and State agencies; and

(b) the terms "take" or "taking" or "taken" mean to harass, pursue, hunt, shoot, dynamite, capture, kill, or attempt to harass, pursue, hunt, shoot, dynamite, capture, or kill.

PROHIBITIONS

SEC. 202 (a) It is unlawful, except as provided in section 203 of this title or in title III, for any person subject to the jurisdiction of the United States to engage in the taking of seals either on the high seas or on lands or waters under the jurisdiction of the United States, or for any person to import, offer for sale, or possess on any lands or waters, subject to the jurisdiction of the United States, seals or the parts of seals taken after the enactment of this Act, including but not limited to, raw, dressed, or dyed fur or skins.

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

EXCEPTIONS FOR INDIANS, ALEUTS, AND ESKIMOS

SEC. 203. (a) Indians, Aleuts, and Eskimos who dwell on the coasts of the North Pacific or Arctic Ocean are permitted to take seals for their own use but not for sale: Provided, however, That such taking must be done in accordance with customary traditions and as an adjunct of the Native culture.

(b) The authority contained in this section shall not apply to Indians, Aleuts, and Eskimos who are employed by any person under the provisions of the Fur Seal Act of 1966 or title III of this Act for the purpose of taking seals, or who are under contract or agreement to deliver the skins to any person.

EXCEPTIONS FOR MEDICAL AND SCIENTIFIC RESEARCH, AND FOR MUNICIPAL
AND/OR OTHER NONPROFIT ZOOS

SEC. 204. (a) Nothing herein shall be considered to be a prohibition against municipal and/or other nonprofit zoos from obtaining written consent from the Secretary of Interior to humanely capture a representative number of seals for replacement for deceased or otherwise ailing members of these species in these zoos.

(b) Further, nothing herein shall be construed to be a prohibition against the humane capture of a select number of these species for certifiable scientific and/or medical research.

(c) Nothing herein shall be considered to be a prohibition against any person in the discharge of his duties if such person is employed by, or is an authorized agent of, or is operating under license or permit of, any State or the United States to administer or protect or aid in the administration or protection of land, water, wildlife, or livestock.

(d) Regulations shall be promulgated by the Secretary of Interior for the purposes of subsections (a), (b), and (c) above as to who shall be granted permission and for what purposes. Further, methods of capture, supervision, and transportation shall be subjects of said regulations by the Secretary.

FORFEITURE

SEC. 205. (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 title, including its tackle, apparel, furniture, appurtenances, cargo, and stores, shall be subject to forfeiture and all seals or parts thereof, taken or retained in violation of this title, 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 remission of mitigation of such forfeiture shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this title, insofar as such provisions of law are applicable and not inconsistent with the provisions of this title.