16 U.S.C. § 1401 — Establishment

Page 1822 TITLE 16—CONSERVATION § 1401 The National Fish and Wildlife Foundation Establish- ment Act, referred to in subsec. (a)(3), is Pub. L. 98–244, Mar. 26, 1984, 98 Stat. 107, which is classified generally to chapter 57 (§ 3701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of this title. CODIFICATION Section was enacted as part of the Consolidated Ap- propriations Act, 2023, and not as part of the Marine Mammal Protection Act of 1972 which comprises this chapter. Statutory Notes and Related Subsidiaries REPORT TO CONGRESS Pub. L. 117–328, div. JJ, title II, § 202, Dec. 29, 2022, 136 Stat. 6092, provided that: ‘‘Not later than 2 years after the date of enactment of this Act [Dec. 29, 2022], and every 5 years thereafter, the Under Secretary [of Com- merce for Oceans and Atmosphere] shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on the results and effectiveness of projects receiving assistance pro- vided under this title [enacting this section and provi- sions set out as notes under this section].’’ ACCEPTANCE AND USE OF DONATIONS Pub. L. 117–328, div. JJ, title II, § 203(b), Dec. 29, 2022, 136 Stat. 6092, provided that: ‘‘The Under Secretary [of Commerce for Oceans and Atmosphere] may accept, re- ceive, solicit, hold, administer, and use any gift, devise, or bequest, consistent with policy of the Department of Commerce in effect on the date of enactment of this Act [Dec. 29, 2022], to provide assistance under section 201 [16 U.S.C. 1393].’’ SUBCHAPTER III—MARINE MAMMAL COMMISSION § 1401. Establishment (a) Designation There is hereby established the Marine Mam- mal Commission (hereafter referred to in this subchapter as the ‘‘Commission’’). (b) Membership and term of office (1) Effective September 1, 1982, the Commis- sion shall be composed of three members who shall be appointed by the President, by and with the advice and consent of the Senate. The Presi- dent shall make his selection from a list of indi- viduals knowledgeable in the fields of marine ecology and resource management, and who are not in a position to profit from the taking of marine mammals. Such list shall be submitted to him by the Chairman of the Council on Envi- ronmental Quality and unanimously agreed to by that Chairman, the Secretary of the Smith- sonian Institution, the Director of the National Science Foundation and the Chairman of the National Academy of Sciences. No member of the Commission may, during his period of serv- ice on the Commission, hold any other position as an officer or employee of the United States except as a retired officer or retired civilian em- ployee of the United States. (2) The term of office for each member shall be three years; except that of the members ini- tially appointed to the Commission, the term of one member shall be for one year, the term of one member shall be for two years, and the term of one member shall be for three years. No mem- ber is eligible for reappointment; except that any member appointed to fill a vacancy occur- ring before the expiration of the term for which his predecessor was appointed (A) shall be ap- pointed for the remainder of such term, and (B) is eligible for reappointment for one full term. A member may serve after the expiration of his term until his successor has taken office. (c) Chairman The President shall designate a Chairman of the Commission (hereafter referred to in this subchapter as the ‘‘Chairman’’) from among its members. (d) Compensation; reimbursement for travel ex- penses Members of the Commission 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 Commission. 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. (e) Executive Director The Commission shall have an Executive Di- rector, who shall be appointed (without regard to the provisions of title 5 governing appoint- ments in the competitive service) by the Chair- man with the approval of the Commission and shall be paid at a rate not in excess of the rate for GS–18 of the General Schedule under section 5332 of title 5. The Executive Director shall have such duties as the Chairman may assign. (Pub. L. 92–522, title II, § 201, Oct. 21, 1972, 86 Stat. 1043; Pub. L. 97–389, title II, § 202, Dec. 29, 1982, 96 Stat. 1951; Pub. L. 98–364, title I, § 103(a), July 17, 1984, 98 Stat. 441.) Editorial Notes AMENDMENTS 1984—Subsec. (b)(1). Pub. L. 98–364 substituted ‘‘The President shall make his selection from a list of indi- viduals knowledgeable in the fields of marine ecology and resource management, and who are not in a posi- tion to profit from the taking of marine mammals. Such list shall be submitted to him by the Chairman of the Council on Environmental Quality and unani- mously agreed to by that Chairman, the Secretary of the Smithsonian Institution, the Director of the Na- tional Science Foundation and the Chairman of the Na- tional Academy of Sciences’’ for ‘‘The President shall make his selection from a list, submitted to him by the Chairman of the Council on Environmental Quality, the Secretary of the Smithsonian Institution, the Di- rector of the National Science Foundation, and the Chairman of the National Academy of Sciences, of indi- viduals knowledgeable in the fields of marine ecology and resource management, and who are not in a posi- tion to profit from the taking of marine mammals’’. 1982—Subsec. (b)(1). Pub. L. 97–389 inserted require- ment that, effective Sept. 1, 1982, the three members of the Commission be appointed by and with the advice and consent of the Senate. 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. 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.