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United States of America

United States Code Annotated. Title 16. Conservation. Chapter 31. Marine Mammal Protection. Subchapter III. Marine Mammal Commission

Statute Details
Printable Version
Citation: 16 USC 1401 - 1407

Citation: 16 U.S.C. 1401-1407


Last Checked by Web Center Staff: 11/2013

Summary:  

The Marine Mammal Protection Act (MMPA) is the main regulatory vehicle that protects marine mammal species and their habitats in an effort to main sustainable populations. In doing so, the statute outlines prohibitions, required permits, criminal and civil penalties, and international aspects in addressing marine mammals.  Title II encompasses the establishment and functioning of the Marine Mammal Commission.



Statute in Full:

§ 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

There is hereby established the Marine Mammal Commission (hereafter referred to in this subchapter as the “Commission”).

(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

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 expenses

Members of the Commission shall each be compensated at a rate equal to the daily equivalent of the rate for GS-18 of the General Schedule under section 5332 of Title 5 for each day such member is engaged in the actual performance of duties vested in the Commission. Each member shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of Title 5, for persons in Government service employed intermittently.

(e) Executive Director

The Commission shall have an Executive Director, who shall be appointed (without regard to the provisions of Title 5 governing appointments in the competitive service) by the Chairman 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.

CREDIT(S)

(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.A. § 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.A. § 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 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 non-adoption

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.

CREDIT(S)

(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

The Commission shall establish, within ninety days after its establishment, a Committee of Scientific Advisors on Marine Mammals (hereafter referred to in this subchapter as the “Committee”). Such Committee shall consist of nine scientists knowledgeable in marine ecology and marine mammal affairs appointed by the Chairman after consultation with the Chairman of the Council on Environmental Quality, the Secretary of the Smithsonian Institution, the Director of the National Science Foundation, and the Chairman of the National Academy of Sciences.

(b) Compensation; reimbursement for travel expenses

Except for United States Government employees, members of the Committee shall each be compensated at a rate equal to the daily equivalent of the rate for GS-18 of the General Schedule under section 5332 of Title 5, for each day such member is engaged in the actual performance of duties vested in the Committee. Each member shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of Title 5 for persons in Government service employed intermittently.

(c) Consultation with Commission on studies and recommendations; explanation for nonadoption

The Commission shall consult with the Committee 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.

CREDIT(S)

(Pub.L. 92-522, Title II, § 203, Oct. 21, 1972, 86 Stat. 1044.)

 

§ 1404. Omitted

HISTORICAL AND STATUTORY NOTES

Codifications

Section, Pub.L. 92-522, Title II, § 204, Oct. 21, 1972, 86 Stat. 1045, which required the Marine Mammal Commission to transmit to Congress, annually by January 31, a report including a description of activities and accomplishments of the Commission during the preceding year, all findings and recommendations made pursuant to section 1402 of this title, and any responses to such recommendations, was terminated, effective May 15, 2000, pursuant to Pub.L. 104-66, Title III, § 3003, Dec. 21, 1995, 109 Stat. 734, as amended, which is set out as a note under section 1113 of Title 31. See, also, House Document No. 103-7, page 176.

 

§ 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.

CREDIT(S)

(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.

CREDIT(S)

(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.

CREDIT(S)

(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.)


 



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