Weather Modification The National Weather Modification Policy Act of 1976 (P.L. 94-490; 90 Stat. 2359; 15 U.S.C. 330 note), approved October 13, 1976, contains a congressional declaration of policy concerning weather modification technology, including its international implications. Section 2 declares, inter alia, that— (4) Weather modification programs may have long-range and unexpected effects on existing climatic patterns which are not confined by national boundaries. Included in the declared purpose of the Act is the development of a comprehensive and coordinated national weather modification policy and a program of weather modification research and development (6) to develop both national and international mechanisms designed to minimize conflicts which may arise with respect to the peaceful uses of weather modification; and (7) to integrate the results of existing experience and studies in weather modification activities into model codes and agreements for regulation of domestic and international weather modification activities. Section 4 of the Act mandates that the Secretary of Commerce conduct a comprehensive investigation and study of the subject including, inter alia (7) a review of the international importance and implications of weather modification activities by the United States; (10) a review and analysis of the necessity and feasibility of negotiating an international agreement concerning the peaceful uses of weather modification; and (11) formulation of one or more options for a model international agreement concerning the peaceful uses of weather modification and the regulation of national weather modification activities; and a review and analysis of the necessity and feasibility of negotiating such an agreement. Under section 5, the Secretary of Commerce is required to submit to the President and the Congress, within one year of the date of enactment, a report on the study, to include (6) recommendations for any regulatory and other legislation which may be required to implement such policy and program or for any international agreement which may be appropriate concerning the peaceful uses of weather modification, including recommendations concerning the dissemination, refinement, and possible implementation of the model domestic code and international agreement developed under the specifications of section 4. See also S. Rept. 94-859, 94th Cong., 2d Sess. Multilateral Agreements Stratospheric Monitoring The United States, the United Kingdom, and France signed on May 5, 1976, an agreement on monitoring of the stratosphere (TIAS 8255; 27 UST 1437) under which they undertook a five-year cooperative effort designed to achieve a better understanding of the impact of man's activities on the Earth's stratosphere. Negotiations on the agreement were initiated as the result of a request by Secretary of Transportation William T. Coleman in his February 4 decision on the Concorde SST (see ante, Ch. 8, § 5, p. 416), that the three countries seek ways to strengthen existing capabilities for monitoring the ozone layer. The preamble of the agreement reflects the mounting concern over potential depletion of the ozone layer and other possible modifications of the upper atmosphere caused by such man-related substances as aviation emissions, flurocarbons, and other chemicals. Under terms of the agreement, the three Governments are to seek ways to improve the collection and accelerate the processing, exchange, and analysis of stratospheric ozone data; expand the exchange of information on stratospheric research and analysis programs under way or planned in the three countries; and pursue opportunities for new collaborative research. Provision is made for a joint analysis of the state of knowledge about trends in stratospheric ozone levels, with recommendations for possible improvements in existing ozone monitoring networks. The agreement has a five-year term, subject to withdrawal on six months notice and to review after two years. Participating U.S. organizations include the Federal Aviation Administration (FAA), the National Oceanic and Atmospheric Administration (NOAA), the National Aeronautics and Space Administration (NASA), the Department of Defense, and the Environmental Protection Agency. A memorandum of law written by Ronald J. Bettauer, Acting Assistant Legal Adviser of the Department of State for Oceans, Environment and Scientific Affairs, cited the following legal authority for the agreement: The authority of the Secretary of Transportation under section 311 of the Federal Aviation Act of 1958 (49 U.S.C. 1301 et seq.) and delegation thereof to the Administrator of the FAA; An opinion of the Attorney General, 40 Op. A.G. 451 (1946), interpreting section 802 of the Act (49 U.S.C. 1462), indicating a congressional intent to authorize the negotiation and execution of executive agreements with foreign nations relating to international civil aviation; NASA's authority to provide supportive services and data processing and analysis (42 U.S.C. 2451(c) (7) and 2473(b) (5) ); NOAA's authority for the provision of such services (15 U.S.C. 1525); and The authority of the Secretary of State to manage the foreign affairs of the United States (22 U.S.C. 2656) and his authority to delegate (22 U.S.C. 2658). Dept. of State File L/T. Polar Bears The United States became a party on November 1, 1976, to the Agreement on the Conservation of Polar Bears, done at Oslo November 15, 1973 (TIAS 8409; 28 UST). The agreemend had previously entered into force for Norway, Denmark, and the Soviet Union on May 26, 1976. It provides a plan of protection for polar bears consisting of a prohibition of hunting, killing, or capturing these animals subject to specified exceptions. The exceptions permit the taking of polar bears for bona fide scientific purposes, for conservation purposes, for prevention of serious disturbance of the management of other living resources, and by local people using traditional methods in the exercise of traditional rights, in accordance with applicable laws. All of the exceptions are subject to the general understanding that— Each Contracting Party shall take appropriate action to protect the ecosystems of which polar bears are a part, with special attention to habitat components such as denning and feeding sites and migration patterns, and shall manage polar bear populations in accordance with sound conservation practices based on the best available scientific data. The use of aircraft and large motorized vessels for the purpose of taking polar bears is prohibited, except where the application of such prohibition would be inconsistent with domestic laws. The Senate Committee on Foreign Relations, while approving the agreement, regretted that the executive branch had failed to prepare an impact statement for the agreement and expressed the hope "that all future agreements of this nature will have formal environmental impact statements prepared prior to their negotiation." See S. Ex. Rept. 94-34, 94th Cong., 2d Sess. Antarctic Seals The U.S. Senate on September 15, 1976, gave its advice and consent to ratification of the Convention for the Conservation of Antarctic Seals, with Annex, done at London June 1, 1972 (S. Ex. K, 94th Congress, 1st Session). The primary objective of the convention is to protect the Antarctic seal population. See the 1975 Digest, p. 714, for a summary of the provisions of the convention. In approving U.S. ratification of the convention, the Senate Committee on Foreign Relations expressed dissatisfaction with the lack of congressional and general public consultation prior to its negotiation, as well as the lack of adequate enforcement provisions in the convention despite the attempts of the U.S. negotiating team to obtain such provisions. The Committee urged that the Department of State utilize procedures set forth in article 6 of the convention to convene a meeting of the parties to establish an effective system of control, including inspection. The Committee also urged the Department of State to persuade the parties to the convention or the Scientific Committee on Antarctic Research (SCAR) to undertake an investigation of the Antarctic seal herds to determine whether the quotas established in the convention are proper. It recommended that the Department accept no increase in quotas without congressional and public consultation. See S. Ex. Rept. 94-35, 94th Cong., 2d Sess. The U.S. instrument of ratification, deposited on Jan. 17, 1977, was the fifth ratification deposited. Deposit of seven ratifications or acceptances is required to bring the Antarctic Seals Convention into force. Fur Seals On October 4, 1976, the United States deposited its ratification of the 1976 Protocol Amending the Interim Convention on Conservation of North Pacific Fur Seals, 1957 (TIAS 3948; 8 UST 2283), as amended. The 1976 Protocol entered into force on October 12, 1976 (TIAS 8368; 27 UST). It extends and modifies the 1957 convention for a period of four years, which may be further extended. The dual purpose of the protocol, as of the convention itself, is (1) to continue the prohibition now being observed by the four Governments party to the convention with respect to pelagic sealing, and (2) to provide a joint research program designed to furnish, as appropriate, factual data to prepare the groundwork for a more permanent arrangement among the parties to conserve the valuable fur seal herds of the North Pacific Ocean and to maintain these herds at the level of maximum sustainable productivity. A comparative study by the Departments of State and Commerce of the Interim Convention on Conservation of North Pacific Fur Seals and the provisions of the Marine Mammal Protection Act of 1972 (86 Stat. 1027; 16 U.S.C. 1361 et seq.) previously undertaken, resulted in recommendations to modify the Convention to take into account the difference of emphasis between the Interim Convention which emphasizes commercial exploitation, and the Act which is strongly oriented toward the welfare and conservation of marine mammals and the health and stability of the ecosystem. Attempts by the U.S. Delegation during the negotiations of the Protocol to obtain a new convention more in conformity with the Marine Mammal Protection Act were defeated. However, the situation was altered by the Fishery Conservation and Management Act of 1976 (90 Stat. 331; 16 U.S.C. 1801 et seq.; see ante, Ch. 7, § 4, p. 351). The Senate Foreign Relations Committee in its report favoring the 1976 Protocol stated: During the hearing on this Protocol, it was pointed out that the situation with respect to North Pacific fur seals has changed as a result of the passage of the Fishery Conservation and Management Act of 1976. Consequently, as of March 1, 1977, the provisions of the Marine Mammal Protection Act will be extended to prohibit the taking of marine mammals within a 200-mile zone off U.S. islands and coastal territories. A major objective of the North Pacific Fur Seal Convention is to prevent pelagic sealing by other countries, particularly Japan. With the extension of U.S. jurisdiction out to 200 miles, it is unclear how much pelagic sealing other nations would be able effectively to undertake and what the adverse impact of such sealing would be. Consequently, the Committee urges the State Department to undertake a study of this situation and the possibility of negotiating a bilateral agreement with Canada on pelagic sealing which might be preferable to the present Convention. The Committee also expressed the belief that the executive branch should make an annual report to the Senate on the implementation of the convention. See S. Rept. 94-36, 94th Cong., 2d Sess. Domestic Law and Regulation Endangered Species President Ford issued on April 13, 1976, Executive Order 11911 on preservation of endangered species, for the purpose of implementing the Convention on International Trade in Endangered Species of Wild Fauna and Flora (TIAS 8249; 27 UST 1087; entered into force for the United States July 1, 1975), and the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere |