§1402 — Title 16 Conservation | U.S. Code

Summary

The Commission must study and review U.S. actions under laws and international agreements about marine mammals. It must keep monitoring marine mammal populations, ways to protect them, humane methods of taking them, research programs, and permit requests for scientific study, public display, or helping a species recover. The Commission can do other studies it thinks are needed. It must make recommendations to the Secretary and other federal officials about protection measures, advise the Secretary of State on international policies, suggest changes to the federal endangered and threatened species lists for marine mammals, and propose other steps to carry out the law, including help for Indians, Eskimos, and Aleuts whose livelihoods might be harmed. The Commission must consult with the Secretary and give the Secretary its annual report before sending it to Congress. Its reports and recommendations must be public, and other Commission records are available under the Freedom of Information Act (5 U.S.C. 552). Officials who receive the Commission’s recommendations must reply within 120 days and must explain in detail if they do not follow them.

Title 16, §1402

Conservation — Source: USLM XML via OLRC

(a)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)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 11 See References in Text note below. of this title, before submission to Congress, to the Secretary for comment.

(c)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)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.

Notes & Related Subsidiaries

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 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, 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 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,”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1973 AmendmentAmendment 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.

§1402 Duties of Commission

Summary

Title 16, §1402

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata