While that legislation was adequate for the purpose of carrying out the type of convention in existence prior to 1946, its provisions are not applicable to the obligations of the United States under the terms of the 1946 convention. As a matter of fact the 1936 legislation specifically was intended to implement the convention of September 24, 1931, although it also contained authority for regulation of whaling insofar as persons subject to the jurisdiction of the United States are concerned. Now that the convention of 1946 is in full force and effect it is essential that legislation to carry out the obligations of the United States, which include regulation of whaling in accordance with the terms of the convention and the regulations as amended from time to time by the Commission, be enacted at the earliest possible moment. Neither the form nor the purpose of the proposed legislation is particularly unique. Somewhat similar legislation is found in the Northern Pacific Halibut Act of June 28, 1937 (50 Stat. 325), and the act of July 29, 1947 (61 Stat. 511), to carry out the provisions of the Sockeye Salmon Convention. As has been noted before, the 1946 convention establishes a Commission, specifies certain regulations for the conservation of whaling, and authorizes the Commission to recommend amendments to those regulations from time to time. Thus, in general, the legislation is designed to authorize the appointment of a Commissioner to represent the United States on the Whaling Commission, the adoption of regulations to carry out the purposes of the convention, including regulations approved subsequently by the contracting governments, the enforcement of such regulations and the carrying out of certain other obligations of the United States under the terms of the convention. A brief summary of the proposed legislation is as follows: Section 1 identifies the legislation as "The Whaling Convention Act of 1949." Section 2 provides definitions for certain key terms that appear both in the body of the convention and are used frequently in the legislation. Section 3 provides for the appointment of a United States Commissioner and a Deputy United States Commissioner, the latter to be the principal technical adviser to the United States Commissioner and to perform the duties of the Commissioner in case of his resignation, absence, or illness. Section 4 authorizes the Secretary of State, with the concurrence of the Secretary of the Interior, to present or withdraw any objections on behalf of the United States Government to such amendments of the regulations as are adopted by the Commission from time to time. This authorization follows the procedures for amendment of regulations set out in article V of the convention. Section 5 makes it unlawful for any person subject to the jurisdiction of the United States to engage in whaling in violation of the convention, or of any regulation of the Commission, or of the act, or of any regulation of the Secretary of the Interior. Section 6 provides that no person shall engage in whaling without first having obtained an appropriate license or scientific permit, and specifies the procedures for the issuance of licenses and the payment of fees for such licenses. It will be noted that the licenses provided for in this act are intended to provide a more realistic base for whaling operations than those specified in the Whaling Treaty Act of 1936. Section 7 provides a separate penalty for the failure to keep or furnish catch returns, statistical records, or other reports required by the convention, or by any regulation of the Commission, or by the act, or by any regulation of the Secretary of the Interior. Statistical returns, of course, are extremely important to the work of the Commission. Section 8 specifies penalties for violation of the terms of the convention and the t, and of regulations issued thereunder, except those relating to statistical reports. Section 9 contains the authorizations necessary to appropriate enforcement. Section 10 authorizes agencies of the Federal Government to cooperate in the conduct of scientific and other programs necessary to the conservation of whales, and at the same time makes provision for the coordination of scientific and investigatory activities so as to avoid duplication in such programs. Section 11 permits the taking of whales and the conducting of biological experiments at any time for the purpose of scientific investigation. Such activity is contemplated by the convention but section 11 provides that such investigations shall be in accordance with scientific permits and regulations issued by the Secretary of the Interior. Section 12 authorizes the Secretary of the Interior to administer the provisions of the Whaling Convention Act, the regulations issued pursuant thereto, and all provisions of the convention and of the regulations of the Commission not otherwise specifically provided for in the act, the convention, or the regulation of the Commission. This section also provides that enforcement activities relating to vessels engaged in whaling primarily shall be the responsibility of the Secretary of the Treasury through the United States Coast Guard, a function which normally is executed by the Coast Guard. It also provides for enforcement by employees of the appropriate agencies of the coastal States under authorization from the Secretary of the Interior. Section 13 provides for publication of all regulations in the Federal Register. Section 14 authorizes the appropriation of funds necessary to carry out the obligations of the United States under the terms of the convention and the provisions of the act. Section 15 is the usual separability clause. Section 16 repeals the Whaling Treaty Act of 1936, and at the same time authorizes adjustments in license fees that may have been paid in accordance with the provisions of the 1936 act so as to bring such license fees in line with the provisions of the 1949 act. With respect to the costs that will accrue in connection with the proposed legislation the following should be noted. The cost of United States representative on the Whaling Commission, which includes the expenses of a Commissioner, a Deputy Commissioner and advisers at meetings of the Commission has been estimated by the Department of State to be approximately $4,000 annually. In addition the United States share of the joint expenses of the Commission secretariat probably will be about $400 a year. At the present time an item of $10,100 is included in the appropriation for the Fish and Wildlife Service to cover the salary and travel expenses of a biologist and a portion of the salary of a clerk-stenographer. It will be necessary to increase the item to cover the parttime services of enforcement officers (Fish and Wildlife Service). However, the amount of that increase will depend on the number of whaling licenses issued and it is not expected that this cost will exceed $5,000 annually. Mr. CHANEY. I have some comments on the legislation itself. Would like me to skim over that? you Senator MAGNUSON. Yes. I think what we ought to do here now is to get right into the bill itself and let us take it section by section. This act may be cited as the Whaling Convention Act of 1949. Now, I understand this of course will only apply to ourselves. Mr. CHANEY. That is right. Senator MAGNUSON. I also understand that only one other country, the United Kingdom, has taken similar steps to this for a domestic whaling act following our supplementing the treaty. Dr. KELLOGG. The others have it in progress; have not gone through parliamentary action. Senator MAGNUSON. Let me ask you this-any one of you or all of you: The discussions that are in progress in the United Kingdom act-are they all somewhat similar to this legislation? Dr. KELLOGG. They all cover the provisions of the act, but you will find that in each one of these countries the wording is different. The intent is the same in all of them. I mean the coverage is practically the same. Senator MAGNUSON. The approach is pretty uniform all over, is that correct? Dr. KELLOGG. I think that is true. It is based on the treaty. SEC. 2. When used in this Act (a) Convention: The word "convention" means the International Convention for the Regulation of Whaling signed at Washington under date of December 2, 1946, by the United States of America and certain other governments. (b) Commission: The word "Commission" means the International Whaling Commission established by article III of the convention. (c) United States Commissioner: The words "United States Commissioner" mean the member of the International Whaling Commission representing the United States of America appointed pursuant to article III of the convention and section 3 of this Act. (d) Person: The word "person" denotes every individual, partnership, corporation, and association subject to the jurisdiction of the United States. (e) Vessel: The word "vessel" denotes every kind, type, or description of watercraft or contrivance subject to the jurisdiction of the United States used, or capable of being used, as a means of transportation. (f) Factory ship: The words "factory ship" mean a vessel in which or on which whales are treated or processed, whether wholly or in part. (g) Land station: The words "land station" mean a factory on the land at which whales are treated or processed, whether wholly or in part. (h) Whale catcher: The words "whale catcher" mean a vessel used for the purpose of hunting, killing, taking, towing, holding onto, or scouting for whales. (i) Whale products: The words "whale products" mean any unprocessed part of a whale and blubber, meat, bones, whale oil, sperm oil, spermaceti, meal, and baleen. What is baleen? Dr. KELLOGG. Whalebone. It is in the mouth. Women make their corsets out of them. Senator MAGNUSON (reading): (j) Whaling: The word "whaling" means the scouting for, hunting, fishing, taking, towing, holding onto, and flensing of whales, and the possession, treatment, or processing of whales or of whale products. Now the other acts that are again in process pretty well make the same definitions. Mr. CHANEY. It would be necessary for them to do that because these definitions that appear in our act appear also in the convention. Senator MAGNUSON. The regulations are spelled out. Now, section 3-why do we start with section 2 here? Why should that not be section 1? Dr. KELLOGG. The definitions are section 2. Senator MAGNUSON (reading): SEC. 3. (a) The United States Commissioner shall be appointed by the President, on the concurrent recommendations of the Secretary of State and the Secretary of the Interior, and shall serve at the pleasure of the President. Dr. CHAPMAN. We recommended Dr. Kellogg. Senator MAGNUSON. Dr. Kellogg has been recommended? Senator MAGNUSON. Is there a salary connected with this? Senator MAGNUSON. What about your your expenses? Dr. KELLOGG. The expenses are taken care of later on in the act. Dr. CHAPMAN. Partially taken care of. Dr. KELLOGG. That is right. Senator MAGNUSON. "The President may appoint a deputy Commissioner." Senator BREWSTER. They depend entirely on these inspectors on the ships. They do not send the Coast Guard down there. Dr. KELLOGG. No; but that is what we were talking about informally. He thought it might be a good idea. Senator MAGNUSON. What is the reason for having a Deputy Commissioner? To serve in case Dr. KELLOGG. If I am unable to attend. He is supposed to be a technical adviser with knowledge of the administrative functions of Fish and Wildlife and so forth. Senator MAGNUSON. That would not be a full-time position. Dr. KELLOGG. None of these are. to them. It is impossible. Senator MAGNUSON. (reading): We just could not devote full time (c) The United States Commissioner and Deputy Commissioner, although officers of the United States Government, shall receive no compensation for their services. SEC. 4. The Secretary of State is authorized, with the concurrence of the Secretary of the Interior, to present or withdraw any objections on behalf of the United States Government to such regulations or amendments of the schedule to the convention as are adopted by the Commission and submitted to the United States Government in accordance with article V of the convention. I think we better have the convention put in the record here, too. We are constantly referring to it. Put that in the record first, before we discuss the bill here. (The International Whaling Conference will be found on p. 15.) The Secretary of State is further authorized to receive on behalf of the United States Government reports, requests, recommendations, and other communica tions of the Commission, and to act thereon either directly or by reference to the appropriate authority. In other words, this section designates the Secretary of State to be the official objector or the official communicator on all these whaling matters, subject, of course, to the advice of the Commissioner. Dr. KELLOGG. The Secretary of State or the State Department will determine the policy. Senator MAGNUSON (reading): SEC. 5. (a) It shall be unlawful for any person subject to the jurisdiction of the United States (1) to engage in whaling in violation of the convention or of any regulation of the Commission, or of this Act, or of any regulation of the Secretary of the Interior. Where does the Secretary of Interior come in? Dr. KELLOGG. Fish and Wildlife Service. Mr. CHANEY. You will note in section 4 the Secretary of State with the concurrence of the Secretary of Interior will present views and objections. That is your first base. As a practical matter, the prior whaling convention acts have all been administered through the Secretary of the Interior. Senator MAGNUSON. Here you have set up the Secretary of State to be the technical Mr. CHANEY. We feel that that is appropriate since this is an international commission. Senator MAGNUSON. What would the Interior have to do with it at all? Mr. CHANEY. The administration of the act itself—that is, the enforcement of the act—and the carrying out of such technical studies as may be necessary, licensing-he licenses for the whaling boats for the factory ship and the land stations are all issued by the Secretary of the Interior. Dr. CHAPMAN. I wonder if I might put in a point there. Senator MAGNUSON. Yes. Dr. CHAPMAN. The Department of State is the policy-making body, but we attempt to turn over all operational duties to the proper agency of the Government; and in this case, the Fish and Wildlife Service is the appropriate operational agency of the Government. Senator MAGNUSON. In other words, if Senator Brewster and I wanted to start on a whaling expedition we would go to the Fish and Wildlife Service for a license? Dr. CHAPMAN. That is right. Senator MAGNUSON. And we would be given a copy of the regulations, and we would have to provide for an American inspector to be with us? Dr. CHAPMAN. Our policy would be to let you go. Senator MAGNUSON. Section 3 goes on further and makes it unlawful [reading]: (2) To ship, transport, purchase, sell, offer for sale, import, export, or have in possession any whale or whale products taken or processed in violation of the convention, or of any regulation of the Commission, or of this Act, or of any regulation of the Secretary of the Interior. I am not quite clear there about the regulations. I can understand the reason for having Fish and Wildlife do the administrative work, but what regulations would the Secretary of Interior make? You have your treaty. You have your regulations. What would they have to do with it? |