16 U.S.C. § 1402 | Duties of Commission

(a)

Reports and recommendations

The Commission shall—

(1)

16 U.S.C. 916 16 U.S.C. 1151 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 [ et seq.], the Interim Convention on the Conservation of North Pacific Fur Seals, and the Fur Seal Act of 1966 [ 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)

section 1533(c)(1) of this title recommend to the Secretary such revisions of the endangered species list and threatened species list published pursuant to , 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

1 See References in Text note below.

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  of this title, before submission to Congress, to the Secretary for comment.

(c)

Availability of reports for public inspection

section 552 of title 5The 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 .

(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, § 202Oct. 21, 197286 Stat. 1044 Pub. L. 93–205, § 13(e)(4)Dec. 28, 197387 Stat. 903 Pub. L. 97–58, § 6(1)Oct. 9, 198195 Stat. 987 Pub. L. 100–711, § 5(e)(4)Nov. 23, 1988102 Stat. 4771(, , ; , , ; , , ; , , .)

Editorial Notes

References in Text

act Aug. 9, 1950, ch. 653 64 Stat. 421 section 916 of this titleThe Whaling Convention Act of 1949, referred to in subsec. (a)(1), is , , which is classified generally to subchapter II (§ 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 and Tables.

Pub. L. 89–702Nov. 2, 196680 Stat. 1091 section 1151 of this titleThe Fur Seal Act of 1966, referred to in subsec. (a)(1), is , , , which is classified generally to chapter 24 (§ 1151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Section 1404 of this title, referred to in subsec. (b), was omitted from the Code.

Amendments

Pub. L. 100–7111988—Subsec. (a)(2). inserted “, public display, or enhancing the survival or recovery of a species or stock” after “scientific research”.

Pub. L. 97–58 section 1404 of this title1981—Subsec. (b). substituted “provide each annual report required under , before submission to Congress, to the Secretary for comment” for “furnish its reports and recommendations to him, before publication, for his comment”.

Pub. L. 93–205 section 1533(c)(1) of this title1973—Subsec. (a)(6). substituted “such revisions of the endangered species list and threatened species list published pursuant to ” for “of the Interior such revisions of the Endangered Species List, authorized by the Endangered Species Conservation Act of 1969,”.

Statutory Notes and Related Subsidiaries

Effective Date of 1973 Amendment

Pub. L. 93–205Dec. 28, 1973section 16 of Pub. L. 93–205 section 1531 of this titleAmendment by effective , see , set out as an Effective Date note under .

Effective Date

Oct. 21, 1972section 4 of Pub. L. 92–522 section 1361 of this titleSection effective upon the expiration of the sixty-day period following , see , set out as a note under .