Laws: Cases and Codes : U.S. Code : Title 16 : Section 1402


   
U.S. Code as of: 01/19/04
Section 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
      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 (!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 nonadoption
      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.



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