Collapse to view only § 1404. Omitted
- § 1401. Establishment
- § 1402. Duties of Commission
- § 1403. Committee of Scientific Advisors on Marine Mammals
- § 1404. Omitted
- § 1405. Coordination with other Federal agencies
- § 1406. Administration
- § 1407. Authorization of appropriations
§ 1401. Establishment
(a) Designation
(b) Membership and term of office
(1) Effective September 1, 1982, the Commission shall be composed of three members who shall be appointed by the President, by and with the advice and consent of the Senate. The President shall make his selection from a list of individuals 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 Environmental Quality and unanimously agreed to by that Chairman, the Secretary of the Smithsonian 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 service on the Commission, hold any other position as an officer or employee of the United States except as a retired officer or retired civilian employee of the United States.
(2) The term of office for each member shall be three years; except that of the members initially 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 member is eligible for reappointment; except that any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed (A) shall be appointed 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
(d) Compensation; reimbursement for travel expenses
(e) Executive Director
(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.)
§ 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
(c) Availability of reports for public inspection
(d) Recommendations; explanation for nonadoption
(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.)
§ 1403. Committee of Scientific Advisors on Marine Mammals
(a) Establishment; membership
(b) Compensation; reimbursement for travel expenses
(c) Consultation with Commission on studies and recommendations; explanation for nonadoption
(Pub. L. 92–522, title II, § 203, Oct. 21, 1972, 86 Stat. 1044.)
§ 1404. Omitted
§ 1405. Coordination with other Federal agencies
The Commission shall have access to all studies and data compiled by Federal agencies regarding 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 research and to carry out the purposes of this chapter.
(Pub. L. 92–522, title II, § 205, Oct. 21, 1972, 86 Stat. 1045.)
§ 1406. Administration
The Commission, in carrying out its responsibilities 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 organizations, 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 exercise such other powers, as are consistent with and reasonably required to perform its functions 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 related to budgeting, accounting, financial reporting, personnel, and procurement) shall be provided the Commission by the General Services Administration, for which payment shall be made in advance, or by reimbursement from funds of the Commission in such amounts as may be agreed upon by the Chairman and the Administrator of General Services.
(Pub. L. 92–522, title II, § 206, Oct. 21, 1972, 86 Stat. 1045; Pub. L. 97–58, § 6(2), Oct. 9, 1981, 95 Stat. 987; Pub. L. 98–364, title I, § 103(b), July 17, 1984, 98 Stat. 442.)
§ 1407. Authorization of appropriations
There are authorized to be appropriated to the Marine Mammal Commission, for purposes of carrying out this subchapter, $1,500,000 for fiscal year 1994, $1,550,000 for fiscal year 1995, $1,600,000 for fiscal year 1996, $1,650,000 for fiscal year 1997, $1,700,000 for fiscal year 1998, and $1,750,000 for fiscal year 1999.
(Pub. L. 92–522, title II, § 207, Oct. 21, 1972, 86 Stat. 1046; Pub. L. 95–136, § 3, Oct. 18, 1977, 91 Stat. 1167; Pub. L. 95–316, § 4, July 10, 1978, 92 Stat. 381; Pub. L. 103–238, § 9(b), Apr. 30, 1994, 108 Stat. 543.)