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

Page 1823 TITLE 16—CONSERVATION § 1402 1 See References in Text note below. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 1402. Duties of Commission (a) Reports and recommendations The Commission shall— (1) undertake a review and study of the ac- tivities of the United States pursuant to exist- ing laws and international conventions relat- ing to marine mammals, including, but not limited to, the International Convention for the Regulation of Whaling, the Whaling Con- vention 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 condi- tion 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 chap- ter, and of all applications for permits for sci- entific 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 desir- able 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 nec- essary or desirable for the protection and con- servation of marine mammals; (5) recommend to the Secretary of State ap- propriate policies regarding existing inter- national 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 revi- sions of the endangered species list and threat- ened 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 ap- propriate Federal officials, and Congress such additional measures as it deems necessary or desirable to further the policies of this chap- ter, including provisions for the protection of the Indians, Eskimos, and Aleuts whose liveli- hood may be adversely affected by actions taken pursuant to this chapter. (b) Consultation with Secretary; reports to Sec- retary before publication The Commission shall consult with the Sec- retary at such intervals as it or he may deem de- sirable, and shall provide each annual report re- quired under section 1404 1 of this title, before submission to Congress, to the Secretary for comment. (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 nonadop- tion Any recommendations made by the Commis- sion to the Secretary and other Federal officials shall be responded to by those individuals with- in one hundred and twenty days after receipt thereof. Any recommendations which are not followed or adopted shall be referred to the Com- mission together with a detailed explanation of the reasons why those recommendations were not followed or adopted. (Pub. L. 92–522, title II, § 202, Oct. 21, 1972, 86 Stat. 1044; Pub. L. 93–205, § 13(e)(4), Dec. 28, 1973, 87 Stat. 903; Pub. L. 97–58, § 6(1), Oct. 9, 1981, 95 Stat. 987; Pub. L. 100–711, § 5(e)(4), Nov. 23, 1988, 102 Stat. 4771.) Editorial Notes 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, which is classified generally to subchapter II (§ 916 et seq.) of chapter 14 of this title. For complete classifica- tion 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, 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 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 spe- cies 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 recommenda- tions 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 En- dangered Species List, authorized by the Endangered Species Conservation Act of 1969,’’. Statutory Notes and Related Subsidiaries 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. EFFECTIVE DATE Section effective upon the expiration of the sixty-day period following Oct. 21, 1972, see section 4 of Pub. L. 92–522, set out as a note under section 1361 of this title. Page 1824 TITLE 16—CONSERVATION § 1403 § 1403. Committee of Scientific Advisors on Ma- rine Mammals (a) Establishment; membership The Commission shall establish, within ninety days after its establishment, a Committee of Scientific Advisors on Marine Mammals (here- after referred to in this subchapter as the ‘‘Com- mittee’’). Such Committee shall consist of nine scientists knowledgeable in marine ecology and marine mammal affairs appointed by the Chair- man after consultation with the Chairman of the Council on Environmental Quality, the Sec- retary of the Smithsonian Institution, the Di- rector of the National Science Foundation, and the Chairman of the National Academy of Sciences. (b) Compensation; reimbursement for travel ex- penses Except for United States Government employ- ees, members of the Committee shall each be compensated at a rate equal to the daily equiva- lent of the rate for GS–18 of the General Sched- ule under section 5332 of title 5, for each day such member is engaged in the actual perform- ance of duties vested in the Committee. Each member shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as au- thorized by section 5703 of title 5 for persons in Government service employed intermittently. (c) Consultation with Commission on studies and recommendations; explanation for nonadop- tion The Commission shall consult with the Com- mittee on all studies and recommendations which it may propose to make or has made, on research programs conducted or proposed to be conducted under the authority of this chapter, and on all applications for permits for scientific research. Any recommendations made by the Committee or any of its members which are not adopted by the Commission shall be transmitted by the Commission to the appropriate Federal agency and to the appropriate committees of Congress with a detailed explanation of the Commission’s reasons for not accepting such recommendations. (Pub. L. 92–522, title II, § 203, Oct. 21, 1972, 86 Stat. 1044.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon the expiration of the sixty-day period following Oct. 21, 1972, see section 4 of Pub. L. 92–522, set out as a note under section 1361 of this title. TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 1013 of Title 5, Government Organi- zation and Employees. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 1404. Omitted Editorial Notes CODIFICATION Section, Pub. L. 92–522, title II, § 204, Oct. 21, 1972, 86 Stat. 1045, which required the Marine Mammal Com- mission to transmit to Congress, by January 31 of each year, a report including a description of the Commis- sion’s activities and accomplishments during the pre- ceding year and all findings and recommendations made by and to the Commission pursuant to section 1402 of this title together with responses made to those recommendations, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 176 of House Document No. 103–7. § 1405. Coordination with other Federal agencies The Commission shall have access to all stud- ies and data compiled by Federal agencies re- garding marine mammals. With the consent of the appropriate Secretary or Agency head, the Commission may also utilize the facilities or services of any Federal agency and shall take every feasible step to avoid duplication of re- search and to carry out the purposes of this chapter. (Pub. L. 92–522, title II, § 205, Oct. 21, 1972, 86 Stat. 1045.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon the expiration of the sixty-day period following Oct. 21, 1972, see section 4 of Pub. L. 92–522, set out as a note under section 1361 of this title. § 1406. Administration The Commission, in carrying out its respon- sibilities under this subchapter, may— (1) employ and fix the compensation of such personnel; (2) acquire, furnish, and equip such office space; (3) enter into such contracts or agreements with, or provide such grants to, other organi- zations, both public and private; (4) procure the services of such experts or consultants or an organization thereof as is authorized under section 3109 of title 5 (but at rates for individuals not to exceed $100 per diem); and (5) incur such necessary expenses and exer- cise such other powers, as are consistent with and reasonably required to perform its func- tions under this subchapter; except that no fewer than 11 employees must be employed under paragraph (1) at any time. Financial and administrative services (including those re- lated to budgeting, accounting, financial re- porting, personnel, and procurement) shall be provided the Commission by the General Serv- ices Administration, for which payment shall be made in advance, or by reimbursement