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1976/10/17 HR15445 Whale Conservation and Protection Study Act
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The original documents are located in Box 65, folder "10/17/76 HR15445 Whale
Conservation and Protection Study Act" of the White House Records Office: Legislation
Case Files at the Gerald R. Ford Presidential Library
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
,S10/1/76
THE WHITE HOUSE
ACTION
OCT 11
WASHINGTON
Last Day: October 18
October 16, 1976
MEMORANDUM FOR THE PRESIDENT
FROM:
JIM CANNON
SUBJECT:
H.R. 15445 - Whale Conservation and
Protection Study Act
Postil
10/18/76
Attached for your consideration is H.R. 15445, sponsored by
Representative Leggett.
arching
The enrolled bill authorizes and directs the Secretary of
Commerce to conduct comprehensive studies of all whales
10/18/76
found in waters subject to the jurisdiction of the United
States, and to initiate negotiations for the purpose of
developing bilateral agreements with Mexico and Canada
for the protection and conservation of whales.
By January 1, 1980, the Secretary would be required to submit
a report to the Congress on the study along with his
recommendations, including suggested legislation.
To carry out the studies and negotiations, H.R. 15445 would
authorize appropriations of $1,000,000 for 1978 and 1979.
Additional information is provided in OMB's enrolled bill
report at Tab A.
OMB, Max Friedersdorf, Counsel's Office (Kilberg), NSC and
I recommend approval of the enrolled bill.
RECOMMENDATION
That you sign H.R. 15445 at Tab B.
That you approve the signing statement at Tab C
which has been THEY cleared by Doug Smith
Approve
Disapprove
Digitized from Box 65 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
A
OF THE
PRESIDENT
OFFICE
and
EXECUTIVE OFFICE OF THE PRESIDENT
UNITED
OFFICE OF MANAGEMENT AND BUDGET
STATE
WASHINGTON, D.C. 20503
OCT 11 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 15445 - Whale Conservation
and Protection Study Act
Sponsor - Rep. Leggett (D) California
Last Day for Action
October 18, 1976 - Monday
Purpose
Authorizes and directs the Secretary of Commerce to
conduct comprehensive studies of all whales found in
waters subject to the jurisdiction of the United States,
and to initiate negotiations for the purpose of develop-
ing bilateral agreements with Mexico and Canada for the
protection and conservation of whales.
Agency Recommendations
Office of Management and Budget
Approval
Department of Commerce
Approval(Informally)
Department of State
Approval
Council on Environmental Quality
Approval
National Science Foundation
Approval (Informally)
Marine Mammal Commission
No objection (Informally)
Department of the Interior
No objection (Informally)
Discussion
H.R. 15445 would direct the Secretary of Commerce, in
consultation with the Marine Mammal Commission and the
coastal States, to undertake comprehensive studies of
all whales found in waters subject to the jurisdiction
of the United States.
2
These studies would take into consideration:
-- The conservation and protection of all such whales.
-- The distribution, migration patterns, and popula-
tion dynamics of these mammals.
- The effects on all such whales of habitat destruc-
tion, disease, pesticides and other chemicals,
disruption of migration patterns, and food short-
ages for the purpose of developing adequate and
effective measures, including appropriate laws
and regulations, to conserve and protect such
mammals.
By January 1, 1980, the Secretary would be required to
submit a report to the Congress on the study along with
his recommendations, including suggested legislation.
Other agencies would be required to cooperate with the
Secretary in preparing the study and recommendations.
H.R. 15445 would also direct the Secretary of Commerce,
through the Secretary of State, to initiate negotiations
immediately for the purpose of developing appropriate
bilateral agreements with Mexico and Canada for the pro-
tection and conservation of whales.
To carry out the studies and negotiations, H.R. 15445
would authorize appropriations of $1,000,000 for 1978
and 1979.
Although Federally supported research efforts on whales
are appropriate, statutory authority now exists, under
the Endangered Species Act of 1973 and the Marine Mammal
Protection Act of 1972, to insure the continued well-
being of whales. In addition, designating whales for
particular research emphasis might establish an undesir-
able precedent of singling out certain species for such
investigation from among other endangered species.
There is, however, considerable national concern over
the preservation of whales, and the proposed funding
level is relatively low and can probably be controlled
3
through the appropriation process. Accordingly, we
recommend approval of H.R. 15445.
J James Director T. L.Ry L. Lynn
Enclosures
Note: A draft signing statement is attached for your
consideration.
B
STATEMENT BY THE PRESIDENT
I am pleased to sign H.R. 15445, the Whale Conservation
and Protection Study Act.
This bill authorizes the Secretary of Commerce to
conduct comprehensive studies of all whales found in waters
subject to United States jurisdiction, and to report to
Congress the results of these studies by January 1, 1980.
The bill also provides that the Secretary of State will
initiate negotiations with Mexico and Canada to develop
appropriate bilateral agreements for the protection and
conservation of whales.
Although much is known of the habits of whales, the
vastness of the oceans and the mobility of these mammals
make it very difficult to monitor adequately their many
species. This legislation will allow the collection of
scientific information that will permit us to determine
the most appropriate means of preventing the exploitation
of whales and thus avoid their extinction.
The United States has placed great emphasis on multi-
lateral efforts with other nations through the International
Whaling Commission to achieve effective conservation of
whales throughout the world. The negotiations with Mexico
and Canada directed by this bill will reinforce the efforts
of our three nations within the Commission.
STATEMENT BY THE PRESIDENT
I am pleased to sign H.R. 15445, the Whale Conservation
and Protection Study Act.
This bill authorizes the Secretary of Commerce to
conduct comprehensive studies of all whales found in waters
subject to United States jurisdiction, and to report to
Congress of the results of these studies by January 1, 1980.
The The through the
Secretary, Secretary of State will also
initiate negotiations with Mexico and Canada in order to
develop appropriate bilateral agreements for the protection
and conservation of whales.
Although much is known of the ecology habit of whales, the
vastness of the oceans and the mobility of these mammals
make it very difficult to monitor adequately their many
species. This legislation will allow the collection of
scientific information that will permit us to determine
the and extinction, their of_whales.
the most appropriate means of preventing the exploitation sphalr
The United States has placed great emphasis on multi-
lateral efforts with other nations through the International
Whaling Commission to achieve effective conservation of
whales throughout the world. The negotiations with Mexico
and Canada directed by this bill will reinforce the efforts
of our three nations within the Commission.
THE WHITE HOUSE
10/14/76 - 1:00pm
n
LanoN MEMORANDUM
WASHINGTON
LOG NO.:
Date: October 14
Time:
noon
FOR ACTION: Doug Smith
CC (for information):
FROM THE STAFF SECRETARY
DUE: Date: October 14
Time: 530pm
SUBJECT:
H.R.15445-Whale Conservation and Protection Study Act
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, ground floor west wing
10/14- copy sent for researching nm
10/14- Researched capy returned. nm
OAR
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
James M. Cannon
delay in submitting the required material, please
For the President
telephone the Staff Secretary immediately.
THE WHITE HOUSE
10/14/76 - -1:00 pm
n
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: October 14
Time:
noon
mwr
FOR ACTION: Doug Smith
CC (for information):
377
to DJS
10/14 3:05
FROM THE STAFF SECRETARY
GAM
DUE: Date: October 14
Time: 530pm
SUBJECT:
H.R.15445-Whale Conservation and Protection Study Act
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
please return to judy johnston,ground floor west wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
James M. Cannon
delay in submitting the required material, please
For the President
telephone the Staff Secretary immediately.
STATEMENT BY THE PRESIDENT
of
I am pleased to sign H.R. 15445, the Whale Conservation
and Protection Study Act.
on
This bill authorizes the Secretary of Commerce to
omergene
conduct comprehensive studies of all whales found in waters
subject to United States jurisdiction, and to report to
Congress on the result of these studies by January 1, 1980.
on
The Secretary, through the Secretary of State, will also
ou
or
initiate negotiations with Mexico and Canada in order to
develop appropriate bilateral agreements for the protection
and conservation of whales.
Although much is known of the ecology of whales, the
vastness of the oceans and the mobility of these mammals
make it very difficult to monitor adequately their many
species. This legislation will allow the collection of
scientific information that will permit us to determine
the most appropriate means of preventing the exploitation
and extinction of whales.
The United States has placed great emphasis on multi-
lateral efforts with other nations through the International
Whaling Commission to achieve effective conservation of
whales throughout the world. The negotiations with Mexico
and Canada directed by this bill will reinforce the efforts
of our three nations within the Commission.
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
8
Date: October 11
Time: 1000pm
FOR ACTION: George Humphreys on CC (for information): Jack Marsh
NSC/S
Oh
Ed Schmults
Max Friederedorf
Steee McConahey
Bobbie Kilberg
FROM THE STAFF SECRETARY
DUE: Date: October 13
Time: 100am
SUBJECT:
H.R.15445-Whale Conservation and Protection
Study Act
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, ground floor west wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: October 14
Time:
noon
FOR ACTION: Doug Smith
CC (for information):
FROM THE STAFF SECRETARY
DUE: Date: October 14
Time: 530pm
SUBJECT:
H.R.15445-Whale Conservation and Protection Study Act
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, ground floor west wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
STATEMENT BY THE PRESIDENT
I am pleased to sign H.R. 15445, the Whale Conservation
and Protection Study Act.
This bill authorizes the Secretary of Commerce to
conduct comprehensive studies of all whales found in waters
subject to United States jurisdiction, and to report to
Congress on the result of these studies by January 1, 1980.
The Secretary, through the Secretary of State, will also
initiate negotiations with Mexico and Canada in order to
develop appropriate bilateral agreements for the protection
and conservation of whales.
Although much is known of the ecology of whales, the
vastness of the oceans and the mobility of these mammals
make it very difficult to monitor adequately their many
species. This legislation will allow the collection of
scientific information that will permit us to determine
the most appropriate means of preventing the exploitation
and extinction of whales.
The United States has placed great emphasis on multi-
lateral efforts with other nations through the International
Whaling Commission to achieve effective conservation of
whales throughout the world. The negotiations with Mexico
and Canada directed by this bill will reinforce the efforts
of our three nations within the Commission.
DEPARTMENT OF STATE
Washington, D.C. 20520
OCT 8 1976
Dear Mr. Lynn:
With reference to Mr. James M. Frey's
Enrolled Bill Request of October 7, 1976, I
submit herewith the Department's comments on
H.R. 15445, the "Whale Conservation and Pro-
tection Study Act."
The Department fully supports the objec-
tives of this bill. We believe that the com-
prehensive program of study of all whales in
waters subject to United States jurisdiction,
as outlined in Section 3 of the bill, will be
a most useful contribution to our knowledge
of the whales and to our continuing efforts
to protect and conserve them.
In our comments on other bills intended
to promote conservation of whales and in our
testimony on this subject before the appro-
priate Senate and House Committees, the Depart-
ment has stressed the importance we attach
to multilateral efforts with other nations
through the International Whaling Commission
(IWC) to achieve effective conservation of
whales throughout the world. We believe
that any negotiations with Canada and Mexico,
referred to in Section 5 of this bill, should
reinforce the efforts of our three nations
within the IWC.
The Honorable
James T. Lynn,
Office of Management and Budget
- 2 -
For purposes of carrying out the Act,
the bill authorizes the appropriation of a
sum not to exceed $1,000,000 for fiscal years
1978 and 1979.
We recommend that the President approve
the bill.
Sincerely,
Kample B Juli
Kempton B. Jenkins
Acting Assistant Secretary
for Congressional Relations
EXECUTIVE OFFICE OF THE PRESIDENT
COUNCIL ON ENVIRONMENTAL QUALITY
722 JACKSON PLACE, N. W.
WASHINGTON, D. C. 20006
October 8, 1976
MEMORANDUM FOR JAMES M. FREY
OFFICE OF MANAGEMENT AND BUDGET
ATTN: Ms. Ramsey
SUBJECT: Enrolled bill H.R. 15445
I am writing to answer your request for views and
recommendations on the enrolled bill H.R. 15445, the
Whale Conservation and Protection Act.
In its original form this bill applied only to the
gray whale. Gray whale populations are currently thought
to be at about 11,000 and have been holding steady for
the last ten years. While there are potential threats
to this species from habitat disruption in their
breeding areas in Mexico, the threats are not as
immediate as threats to certain other species.
At the suggestion, however, of the Marine Mammal
Commission, NOAA, and CEQ, who stated the Administration's
position, the House expanded the bill to include bowhead
whales which are severely endangered. There may be fewer
than 1,000 animals of this species left in the Arctic
Ocean, and while they are protected by the International
Whaling Commission and other countries bordering the
Arctic Ocean, the U.S. still takes up to 50 animals
through an aboriginal fishery by the Eskimos on the
North Slope of Alaska. This puts the U.S. in a very
difficult position in the International Whaling Commission.
While we have been pushing for protection of all whale
species and a moratorium on commercial whaling, we are
conducting an aboriginal fishery on an endangered and
fully protected whale. In order to evaluate the effect
-2-
of this fishery on the bowhead whale, a specific and
direct effort is urgently needed. This bill will
provide funding and set time limits for such a study.
While it is thought that the majority of the funds will
be spent for bowhead whale research, the bill does not
prevent the money being spent on other whale research
should it be warranted. The Council on Environmental
Quality strongly supports the bill and recommends that the
President sign the bill, as it is entirely consistent with
prior Administration policy on whale conservation.
LongWidna
Gary Widman
General Counsel
U.S. GOVERNMENT PRINTING OFFICE: 1969-339-156
THE WHITE HOUSE
ACTION MEMORANDUM
LOG NO.:
8
WASHINGTON
Date:
Time:
October 11
1000pm
FOR ACTION: George Humphreys
CC (for information): : Jack Marsh
NSC/S
Ed Schmults
Max Friedersdorf
Steve McConahey
Bobbie Kilberg
FROM THE STAFF SECRETARY
DUE: Date: October 13
Time: 1100am
SUBJECT:
H.R.15445-Whale Conservation and Protection
Study Act
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X - For Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, ground floor west wing
appood Killey 10/12/76
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please James M. Cannon
U.S. GOVERNMENT PRINTING OFFICE: 1969-339-153
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
8
Date:
October 11
Time: 1000pm
FOR ACTION:
George Humphreys
CC (for information): Jack Marsh
NSC/S
Ed Schmults
Max Friedersdorf
Steve McConahey
Bobbie Kilberg
FROM THE STAFF SECRETARY
DUE: Date: October 13
Time: 1100am
SUBJECT:
H.R.15445-Whale Conservation and Protection
Study Act
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, ground floor west wing
Recommed approval my
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, ple se James M. Cannon
U.S. GOVERNMENT PRINTING OFFICE: 1969-339-136
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
8
Date:
Time:
October 11
1000pm
FOR ACTION:
George Humphreys
CC (for information):
Jack Marsh
NSC/S
Ed Schmults
Max Friedersdorf
Steve McConahey
Bobbie Kilberg
FROM THE STAFF SECRETARY
DUE: Date: October 13
Time: 1100am
SUBJECT:
H.R.15445-Whale Conservation and Protection
Study Act
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, ground floor west wing
I recommed approved
jut
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please James M. Cannon
MEMORANDUM
NATIONAL SECURITY COUNCIL
5693
October 13, 1976
MEMORANDUM FOR:
JAMES M. CANNON
FROM:
fr
Jeanne W. Davis net
SUBJECT:
H.R. 15445
The NSC Staff concurs with the proposed enrolled bill H.R. 15445-
Whale Conservation and Protection Study Act.
STATEMENT BY THE PRESIDENT
I am pleased to sign H.R. 15445, the Whale Conservation
and Protection Study Act.
This bill authorizes the Secretary of Commerce to
conduct comprehensive studies of all whales found in waters
subject to United States jurisdiction, and to report to
Congress the results of these studies by January 1, 1980.
The bill also provides that the Secretary of State will
initiate negotiations with Mexico and Canada to develop
appropriate bilateral agreements for the protection and
conservation of whales.
Although much is known of the habits of whales, the
vastness of the oceans and the mobility of these mammals
make it very difficult to monitor adequately their many
species. This legislation will allow the collection of
scientific information that will permit us to determine
the most appropriate means of preventing the exploitation
of whales and thus avoid their extinction.
The United States has placed great emphasis on multi-
lateral efforts with other nations through the International
Whaling Commission to achieve effective conservation of
whales throughout the world. The negotiations with Mexico
and Canada directed by this bill will reinforce the efforts
of our three nations within the Commission.
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 94-1574
SAVING THE GRAY AND BOWHEAD WHALES
SEPTEMBER 16, 1976.-Committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
Mrs. SULLIVAN, from the Committee on Merchant Marine and
Fisheries, submitted the following
REPORT
[To accompany H.R. 15445]
The Committee on Merchant Marine and Fisheries, to whom was
referred the bill (H.R. 15445) to save the gray whale, having con-
sidered the same, report favorably thereon with amendments and rec-
ommend that the bill as amended do pass.
The amendments are as follows:
Strike out all after the enacting clause and insert in lieu thereof
the following:
That this Act may be cited as the "Save the Gray and Bowhead Whales Act".
SEC. 2. The Congress finds that-
(1) whales form a resource which is of esthetic and scientific value to
mankind, and are a vital part of the marine ecosystem;
(2) whales have been overexploited by commercial whalers for many
years, severely reducing several species, including the California gray whale
and the bowhead whale;
(3) the California gray whale has been designated the official California
State marine mammal;
(4) the California gray whale provides esthetic enjoyment to millions of
Americans;
(5) energy development and other commercial activities along the west
and Arctic coast of North America have caused significant concern as to
their impact on the gray and bowhead whale;
(6) the California gray whale and the bowhead whale, protected by spe-
cial treaty for several decades, may be again threatened by harassment and
habitat destruction and;
(7) there is inadequate knowledge of the ecology, habitat requirements,
and population dynamics of the California gray whale and the bowhead
whale and factors which influence their healthy maintenance and develop-
ment as species.
SEC. 3. The Secreary of Commerce, in consultation with the Marine Mammal
Commission and the coastal States, shall make comprehensive studies of the
gray whale (Eschrichtius robustus) and the bowhead whale (Balaena mystice-
tus) taking into consideration, among other things, the distribution, migrations,
and population dynamics of these mammals and the effects of habitat destruc-
tion, disease, pesticides and other chemicals, disruption of migration patterns,
and food shortages on them, for the purpose of developing adequate and effec-
57-006
2
3
tive measures, including appropriate laws and regulations, to conserve such mam-
mals. The Secretary of Commerce shall submit through the President, reports
on the studies, together with such recommendations, including suggested legisla-
completion of Baja, California's first transpeninsular highway. The
tion, that he deems appropriate, to the Congress no later than January 1, 1980.
State of California, in 1975, designated the California gray whale as
SEC. 4. Until such time as the studies have been completed and the recom-
the State Marine Mammal, thus further recognizing it as a valuable
mendations of the Secretary are implemented by appropriate legislation or reg-
recreational and biological resource.
ulation, all Federal agencies shall, to the fullest extent feasible, and in consul-
tation with, and with the assistance of, the Secretary of Commerce, utilize their
The gray whale will grow to lengths of 45 feet and not reach physi-
authorities in furtherance of the protection of the California gray whale and
cal maturity for 30-40 years. It has virtually no economic value to
the bowhead whale to insure that actions authorized, funded, or carried out by
the American Indians of the Pacific Northwest and the Alaskan Eski-
them do not jeopardize their continued existence or result in the destruction or
mos, who harvest one or two gray whales each year. However, the
significant adverse modification of the habitat of such species.
Siberian Eskimos still hunt gray whales in fairly substantial num-
SEC. 5. The Secretary of Commerce, through the Secretary of State, shall ini-
tiate negotiations immediately for the purpose of developing appropriate bilat-
bers taking approximately 165 each year. In this regard, it should
eral agreements with Mexico and Canada for the protection and conservation of
be noted that the reproduction rate of gray whales is believed to be
the California gray whale and the bowhead whale.
between 400 and 440 each year and about 250 die of natural causes
SEC. 6. For the purpose of carrying out the provisions of this Act, there is
annually. The taking of California gray whales on their breeding
1978 and 1979.
hereby authorized to be appropriated the total sum of $1,000,000 for fiscal year
grounds began in 1846, and by the turn of the Century this stock was
Amend the title SO as to read:
on the verge of extinction.
At one time, there were three distinct stocks of gray whales. The
A bill to save the gray and bowhead whales.
California gray whale, the only surviving stock (eastern Pacific), has
been protected from commercial hunting since 1947 and has staged a
PURPOSE OF THIS LEGISLATION
dramatic recovery from near extinction to a healthy, stable popula-
tion of about 11,000 (some believe this to be at or near the carrying
H.R. 15445 requires the Secretary of Commerce, in consultation
capacity of the habitat). The Korean gray whale (western Pacific)
with the Marine Mammal Commission and. the Coastal States, to
was drastically overhunted, primarily by Japanese whalers, between
undertake comprehensive 3-year studies of the gray whale and the
1899 and 1933; and this small stock is now considered extinct. The
bowhead whale and to report his findings and recommendations to
the Congress. In addition, until such time as the reports' recommen-
Atlantic gray whale, which is known only from subfossil remains, has
been extinct for several centuries. Details of its decline are unknown,
dations are implemented, all Federal agencies shall, to the fullest ex-
but there is circumstantial evidence of its being hunted until the late
tent feasible, utilize their authorities in furtherance of the protection
1700s.
of the gray and bowhead whales.
The bowhead whale (Balaena mysticetus), also known as the Green-
land or Arctic right whale, is very rare and found in the Arctic
LEGISLATIVE BACKGROUND
waters of North America. In comparison with the other great whales,
H.R. 15445 was introduced on September 2, 1976, by Mr. Leggett
scientists know the least about the bowhead whale. A relic population
of California, and referred to the Merchant Marine and Fisheries
of a thousand or less regularly migrates along the Arctic Coast of
Committee for consideration.
Alaska in spring and fall.
The Subcommittee on Fisheries and Wildlife Conservation and the
The bowhead whale has been hunted by Arctic Aborigines since
Environment held one day of hearings on September 10, and heard
historic times and formed the basis of an important industry for
witnesses representing the Government, industry and environmental
three centuries (1611-1913). Although fully protected by the Interna-
interests. Subsequently, the Subcommittee unanimously reported the
tional Whaling Commission since 1935, except for subsistence hunting
bill as amended to the Full Committee.
by Arctic natives, this species has shown no significant recovery.
On September 14, 1976, the Full Committee unanimously ordered
Today, the Alaskan Eskimos hunt the bowhead out of the St. Law-
the bill reported to the House.
rence Island, Wainright, Point Hope and Barrow and take, on the
average, between 20 and 25 bowhead whales each year. Neither the
BACKGROUND AND NEED FOR THE LEGISLATION
rate of reproduction nor the rate of natural mortality are known for
bowhead whales.
The California gray whale (known to the men of science as Esch-
The possibility of habitat destruction for both species is a major
richtius robustus) is one of California's most valuable resources and
reason for this legislation. Outer continental shelf development of
is growing in popularity as it makes its annual migration of some
our energy resources and other commercial activities near the breed-
5,000 miles along the California coast from its summer range in the
ing grounds of the gray whale and the habitat of the bowhead whale
Arctic. Each year hundreds of thousands of spectators crowd to view-
could threaten the future survival of these species. Due to the absence
points or take boats to the whales' off-shore migration paths. The
of basic biological information, procedures to mitigate potential harm
calving and mating grounds in the lagoons of Baja, California, have
have not been developed. The comprehensive study required by this
drawn ever-increasing numbers of scientists and spectators since the
bill should provide some answers to this and other questions.
H.H. 1574
H.R. 1574
4
5
SECTION-BY-SECTION ANALYSIS
SECTION 6. AUTHORIZATION
SECTION 1. SHORT TITLE
Section 6 authorizes for appropriation an amount not to exceed a
total of $1,000,000 for fiscal years 1978 and 1979. This authorization
Section 1 states that the short title of the bill is: "Save the Gray
allows the Secretary flexibility to request appropriations as needed
and Bowhead Whales Act".
during the two fiscal periods.
SECTION 2. FINDINGS
COST OF LEGISLATION
Section 2 states the Congressional findings that the gray and bow-
The committee estimates that in the event this legislation is enacted
head whales are valuable resources which provide esthetic and scien-
into law, the cost to the Federal Government would be a total of $1
tific value; that these species are threatened by new and continuing
million for the two fiscal years 1978 and 1979.
commercial and energy development which may destroy their habitat;
INFLATIONARY IMPACT STATEMENT
and that inadequate knowledge exists about both species concerning
factors which influence their healthy maintenance and development.
Pursuant to clause 2(1) (4) of rule XI, of the Rules of the House
of Representatives, the committee estimates that the enactment of
SECTION 3. COMPREHENSIVE STUDIES
H.R. 15445 would have no significant inflationary impact on the prices
and cost in the national economy.
Section 3 requires the Secretary of Commerce, in consultation with
the Marine Mammal Commission and the appropriate Coastal States,
COMPLIANCE WITH CLAUSE 2(1) (3) OF RULE XI
primarily California, Oregon, and Washington, to conduct compre-
hensive studies of the gray whale and the bowhead whale, taking
With respect to the requirements of Clause 2(1) (3) of Rule XI of
into consideration, among other things, the distribution disruption
the Rules of the House of Representatives:
of migration patterns, and other potential detriments. The Secretary
(A) No oversight hearings have been held on the subject of this
must report his findings to the Congress by January 1, 1980, includ-
legislation other than the general oversight hearings which were held
ing in such reports his recommendations for legislative or other action
on the Marine Mammal Protection Act of 1972 and upon which no
to provide adequate and effective conservation measures for these
recommendations were made.
mammals. The design of these studies should take into account re-
(B) Section 308 (a) of the Congressional Budget Act of 1974 is
search work and work that has either already been completed or in
not applicable. Therefore, no statement is furnished.
progress, and it is the intent of the Committee that whenever possible
(C) The Committee on Government Operations has not sent a
research efforts should be designed to benefit other marine mammals
report to the Committee on Merchant Marine and Fisheries pursuant
as well.
to Clause 2 (b) (2) of Rule X.
SECTION 4. FEDERAL AUTHORITIES
(D) An estimate and comparison of costs has not been received by
the Committee from the Director of the Congressional Budget Office,
Section 4 states that until such time as the studies have been com-
purusant to section 403 of the Congressional Budget Act of 1974.
pleted and the Secretary's recommendations are implemented by
appropriate legislation or regulations, all Federal agencies have a
CHANGES IN EXISTING LAW
responsibility to utilize to the fullest extent feasible their authorities
to mitigate potential harm to the habitat of the gray whale and the
If enacted, this bill would make no changes in existing law.
bowhead whale from actions authorized, funded or carried out by
DEPARTMENTAL REPORT
them. The Secretary of Commerce shall provide appropriate consul-
tation and assistance to the other Federal agencies in meeting this
H.R. 15445 was the subject of a report received from the Depart-
responsibility. Moreover, it is expected that the Secretary will con-
ment of Commerce and follows herewith:
sult with the Marine Mammal Commission as appropriate.
GENERAL COUNSEL OF THE
SECTION 5. BILATERAL AGREEMENTS
DEPARTMENT OF COMMERCE,
Washington, D.C., September 16, 1976.
Section 5 directs the Secretary of Commerce, acting through the
Hon. LEONOR K. SULLIVAN,
Secretary of State, to immediately initiate negotiations for the pur-
Chairman. Committee on Merchant Marine and Fisheries,
pose of developing appropriate bilateral agreements with Mexico and
House of Representatives, Washington, D.C.
Canada for the protection and conservation of the gray and bowhead
DEAR MADAM CHAIRMAN This is in response to your request for
whales.
the Department of Commerce's views on H.R. 15445, a bill to save the
gray whale.
H.R. 1574
H.R. 1574
6
Our comments are on the bill as reported by the Subcommittee on
Fisheries and Wildlife Conservation and the Environment of the
House Committee on Merchant Marine and Fisheries on September 10,
1976. H.R. 15445, as reported, would provide for the conservation of
the California gray whale and the bowhead whale. It would do SO by
requiring the Secretary of Commerce to conduct a comprehensive
study of the gray and bowhead whales and by requiring all Federal
agencies to: (a) utilize their authorities for the protection of these
animals; (b) insure that their actions do not jeopardize the continued
existence of these whales; and (c) insure that their actions do not
result in the destruction or significant adverse modification of the
habitat of these whales. For these purposes, H.R. 15445 would also
authorize appropriations of $1 million for fiscal years 1978 and 1979.
This Department is well aware of the many problems facing these
magnificent creatures and is vitally concerned with the health of their
populations. As you know, we have done much to provide for the
protection of whales from imposing a ban on all U.S. commercial
whaling in 1970, to advocating, in the International Whaling Com-
mission, a 10-year moratorium on all commercial whaling and formu-
lating new management procedures for protected stocks. Also, we have
been continuing our conservation management and research efforts
under the Marine Mammal Protection Act of 1972 and the Endangered
Species Act of 1973. While our research efforts on these two species
dates over more than two decades, far more intensive and complete
research on gray and bowhead whales needs to be done. This need is
particularly evident with respect to the influences operating on the
gray whale in its breeding areas and the effects of the Alaska native
harvest on the bowhead whale populations.
While this agency supports the research and protection for gray
and bowhead whales called for by H.R. 15445, we believe it could be
appropriately accomplished under existing Federal law. Accordingly,
we oppose enactment of H.R. 15445.
Sufficient statutory authority now exists under the Endangered
Species Act of 1973 (the ESA) and the Marine Mammal Protection
Act of 1972 (the MMPA) to provide whatever degree of additional
protection is, or may become, necessary to insure the continued well-
being of the gray and bowhead whales. In addition, designating, by
statute, two species for extraordinary research and management pro-
tection would establish a precedent that is inconsistent with the con-
cepts of conservation and protection established by the ESA and the
MMPA.
Section 4 of H.R. 15445, if enacted, can be expected to cause con-
siderable confusion for Federal agencies and the public since Federal
agencies are already required by section 7 of the ESA to utilize their
authorities on behalf of these endangered whales and to insure,
through consultation, against jeopardy and destruction or modifica-
tion of habitat. There is no apparent benefit to be gained by requiring
a second similar consultation.
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,
J. T. SMITH,
General Counsel.
H.R. 1574
FOR IMMEDIATE RELEASE
OCTQBER 18, 1976
Office of the White House Press Secretary
THE WHITE HOUSE
October 17, 1976
STATEMENT BY THE PRESIDENT
I am pleased to sign H.R. 15445, the Whale Conservation
and Protection Study Act.
This bill authorizes the Secretary of Commerce to
conduct comprehensive studies of all whales found in waters
subject to United States jurisdiction, and to report to
Congress the results of these studies by January 1, 1980.
The bill also provides that the Secretary of State will
initiate negotiations with Mexico and Canada to develop
appropriate bilateral agreements for the protection and
conservation of whales.
Although much is known of the habits of whales, the
vastness of the oceans and the mobility of these mammals
make it very difficult to monitor adequately their many
species. This legislation will allow the collection of
scientific information that will permit us to determine
the most appropriate means of preventing the exploitation
of whales and thus avoid their extinction.
The United States has placed great emphasis on multi-
lateral efforts with other nations through the International
Whaling Commission to achieve effective conservation of
whales throughout the world. The negotiations with Mexico
and Canada directed by this bill will reinforce the efforts
of our three nations within the Commission.
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