§ 1402. — Duties of Commission.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1402]
TITLE 16--CONSERVATION
CHAPTER 31--MARINE MAMMAL PROTECTION
SUBCHAPTER III--MARINE MAMMAL COMMISSION
Sec. 1402. Duties of Commission
(a) Reports and recommendations
The Commission shall--
(1) undertake a review and study of the activities of the United
States pursuant to existing laws and international conventions
relating to marine mammals, including, but not limited to, the
International Convention for the Regulation of Whaling, the Whaling
Convention Act of 1949 [16 U.S.C. 916 et seq.], the Interim
Convention on the Conservation of North Pacific Fur Seals, and the
Fur Seal Act of 1966 [16 U.S.C. 1151 et seq.];
(2) conduct a continuing review of the condition of the stocks
of marine mammals, of methods for their protection and conservation,
of humane means of taking marine mammals, of research programs
conducted or proposed to be conducted under the authority of this
chapter, and of all applications for permits for scientific
research, public display, or enhancing the survival or recovery of a
species or stock;
(3) undertake or cause to be undertaken such other studies as it
deems necessary or desirable in connection with its assigned duties
as to the protection and conservation of marine mammals;
(4) recommend to the Secretary and to other Federal officials
such steps as it deems necessary or desirable for the protection and
conservation of marine mammals;
(5) recommend to the Secretary of State appropriate policies
regarding existing international arrangements for the protection and
conservation of marine mammals, and suggest appropriate
international arrangements for the protection and conservation of
marine mammals;
(6) recommend to the Secretary such revisions of the endangered
species list and threatened species list published pursuant to
section 1533(c)(1) of this title, as may be appropriate with regard
to marine mammals; and
(7) recommend to the Secretary, other appropriate Federal
officials, and Congress such additional measures as it deems
necessary or desirable to further the policies of this chapter,
including provisions for the protection of the Indians, Eskimos, and
Aleuts whose livelihood may be adversely affected by actions taken
pursuant to this chapter.
(b) Consultation with Secretary; reports to Secretary before publication
The Commission shall consult with the Secretary at such intervals as
it or he may deem desirable, and shall provide each annual report
required under section 1404 \1\ of this title, before submission to
Congress, to the Secretary for comment.
---------------------------------------------------------------------------
\1\ See References in Text note below.
---------------------------------------------------------------------------
(c) Availability of reports for public inspection
The reports and recommendations which the Commission makes shall be
matters of public record and shall be available to the public at all
reasonable times. All other activities of the Commission shall be
matters of public record and available to the public in accordance with
the provisions of section 552 of title 5.
(d) Recommendations; explanation for nonadoption
Any recommendations made by the Commission to the Secretary and
other Federal officials shall be responded to by those individuals
within one hundred and twenty days after receipt thereof. Any
recommendations which are not followed or adopted shall be referred to
the Commission together with a detailed explanation of the reasons why
those recommendations were not followed or adopted.
(Pub. L. 92-522, title II, Sec. 202, Oct. 21, 1972, 86 Stat. 1044; Pub.
L. 93-205, Sec. 13(e)(4), Dec. 28, 1973, 87 Stat. 903; Pub. L. 97-58,
Sec. 6(1), Oct. 9, 1981, 95 Stat. 987; Pub. L. 100-711, Sec. 5(e)(4),
Nov. 23, 1988, 102 Stat. 4771.)
References in Text
The Whaling Convention Act of 1949, referred to in subsec. (a)(1),
is act Aug. 9, 1950, ch. 653, 64 Stat. 421, as amended, which is
classified generally to subchapter II (Sec. 916 et seq.) of chapter 14
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 916 of this title and Tables.
The Fur Seal Act of 1966, referred to in subsec. (a)(1), is Pub. L.
89-702, Nov. 2, 1966, 80 Stat. 1091, as amended, which is classified
generally to chapter 24 (Sec. 1151 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1151 of this title and Tables.
Section 1404 of this title, referred to in subsec. (b), was omitted
from the Code.
Amendments
1988--Subsec. (a)(2). Pub. L. 100-711 inserted ``, public display,
or enhancing the survival or recovery of a species or stock'' after
``scientific research''.
1981--Subsec. (b). Pub. L. 97-58 substituted ``provide each annual
report required under section 1404 of this title, before submission to
Congress, to the Secretary for comment'' for ``furnish its reports and
recommendations to him, before publication, for his comment''.
1973--Subsec. (a)(6). Pub. L. 93-205 substituted ``such revisions of
the endangered species list and threatened species list published
pursuant to section 1533(c)(1) of this title'' for ``of the Interior
such revisions of the Endangered Species List, authorized by the
Endangered Species Conservation Act of 1969,''.
Effective Date of 1973 Amendment
Amendment by Pub. L. 93-205 effective Dec. 28, 1973, see section 16
of Pub. L. 93-205, set out as an Effective Date note under section 1531
of this title.
