
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
