§ 1402. Duties of Commission

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1972

   Marine Mammal Protection Act of 1972

   Pub. L. 92–522 title II § 202 · 86 Stat. 1027

   Enacted · 16 U.S.C. § 1402

   Pub. L. 92–522, title II, § 202, Oct. 21, 1972, 86 Stat. 1044

   Source evidence

   Code source credit
   Pub. L. 92–522, title II, § 202, Oct. 21, 1972, 86 Stat. 1044

   Enacted provision · exact public law section
   Sec. 202. duties of commission (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 49 Stat. 3079. 64 Stat. 421. 16 USC 916 note. 8 UST 2283; 15 UST 316; 20 UST 2992. 80 Stat. 1091. 16 USC 1151 note. International Convention for the Regulation of Whaling, the Whaling Convention Act of 1949, the Interim Convention on the Conservation of North Pacific Fur Seals, and the Fur Seal Act of 1966; (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 Act, and of all applications for permits for scientific research; (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 necesary 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 of the Interior such revisions of the Endangered Species List, authorized by the Endangered 80 Stat. 926; 83 Stat. 283. 16 USC 668aa note. Species Conservation Act of 1969, 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 Act, including provisions for the protection of the Indians, Eskimos, and Aleuts whose livelihood may be adversely affected by actions taken pursuant to this Act. (b) The Commission shall consult with the Secretary at such intervals as it or he may deem desirable, and shall furnish its reports and recommendations to him, before publication, for his 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 81 Stat. 54. with the provisions of section 552 of title 5, United States Code. (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.

2. 1973

   Endangered Species Art of 1973

   Pub. L. 93–205 § 13(e)(4) · 87 Stat. 884

   Substituted · 16 U.S.C. § 1402(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,”

   Source evidence

   Code amendment note
   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,”.

   Enacted provision · exact public law section
   (4) by striking out “of the Interior such revisions of the Endangered Species List, authorized by the Endangered Species Conservation Act of 1969,” in section 202(a)(6) thereof and 16 USC 1402. inserting in lieu thereof the following: “such revisions of the endangered species list and threatened species list published pursuant to section 4(c) (1) of the Endangered Species Act of 1973”.

   Effective date note
   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.

3. 1981

   Pub. L. 97–58 § 6(1) · 95 Stat. 979

   Substituted · 16 U.S.C. § 1402(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (1) by striking out “furnish its reports and recommendations to 16 USC 1402. him, before publication, for his comment.” in section 202(b) and inserting in lieu thereof “provide each annual report required under section 204, before submission to Congress, to the Secretary for comment.”; and

4. 1988

   Marine Mammal Protection Act Amendments of 1988

   Pub. L. 100–711 § 5(e)(4) · 102 Stat. 4755

   Inserted · 16 U.S.C. § 1402(a)(2)

   Pub. L. 100–711 inserted “, public display, or enhancing the survival or recovery of a species or stock” after “scientific research”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 100–711 inserted “, public display, or enhancing the survival or recovery of a species or stock” after “scientific research”.

   Enacted provision · exact public law section
   (4) Section 202(a)(2) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1402(a)(2)) is amended by inserting, immediately after “scientific research”, the following: “, public display, or enhancing the survival or recovery of a species or stock”.

4 of 4 references resolved to an enrolled provision