Repeal. 48 Stat. 976. 86 STAT. 1042 86 STAT. 1043 Membership. Term. Chairman. APPLICATION TO OTHER TREATIES AND CONVENTIONS; REPEAL SEC. 113. (a) The provisions of this title shall be deemed to be in addition to and not in contravention of the provisions of any existing international treaty, convention, or agreement, or any statute implementing the same, which may otherwise apply to the taking of marine mammals. Upon a finding by the Secretary that the provisions of any international treaty, convention, or agreement, or any statute implementing the same has been made applicable to persons subject to the provisions of this title in order to effect essential compliance with the regulatory provisions of this Act so as to reduce to the lowest practicable level the taking of marine mammals incidental to commmercial fishing operations, section 105 of this title may not apply to such persons. (b) The proviso to the Act entitled "An Act to repeal certain laws providing for the protection of sea lions in Alaska water", approved June 16, 1934 (16 U.S.C. 659), is repealed. AUTHORIZATION OF APPROPRIATIONS SEC. 114. (a) There are authorized to be appropriated not to exceed $2.000,000 for the fiscal year ending June 30, 1973, and the four next following fiscal years to enable the department in which the National Oceanic and Atmospheric Administration is operating to carry out such functions and responsibilities as it may have been given under this title. (b) There are authorized to be appropriated not to exceed $700,000 for the fiscal year ending June 30, 1973, and not to exceed $525,000 for each of the next four fiscal years thereafter to enable the Department of the Interior to carry out such functions and responsibilities as it may have been given under this title. TITLE II-MARINE MAMMAL COMMISSION ESTABLISHMENT OF COMMISSION SEC. 201. (a) There is hereby established the Marine Mammal Commission (hereafter referred to in this title as the "Commission"). (b) (1) The Commission shall be composed of three members who shall be appointed by the President. The President shall make his selection from a list, submitted to him by 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, of individuals knowledgeable in the fields of marine ecology and resource manage ment, and who are not in a position to profit from the taking of marine mammals. 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) The President shall designate a Chairman of the Commission (hereafter referred to in this title as the "Chairman") from among its members. (d) Members of the Commission shall each be compensated at a rate Compensation. equal to the daily equivalent of the rate for GS-18 of the General Schedule under section 5332 of title 5, United States Code, for each day 5 USC 5332 of title 3, United States Code, for persons in Government service 80 Stat. 449; employed intermittently. 83 Stat. 190. (e) The Commission shall have an Executive Director, who shall be Executive Diappointed (without regard to the provisions of title 5. United States rector. Code, governing appointments in the competitive service) by the 5 USC 101 Chairman with the approval of the Commission and shall be paid at a et seq. rate not in excess of the rate for GS-18 of the General Schedule under section 3332 of title 5, United States Code. The Executive Director shall have such duties as the Chairman may assign. DUTIES OF COMMISSION Sec. 202. (a) The Commission shall 86 STAT,1043 86 STAT. 1044 (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 49 Stat. 3079. Whaling Convention Act of 1949, the Interim Convention on the 64 Stat. 421. Conservation of North Pacific Fur Seals, and the Fur Seal Act 16 USC 916 of 1966; note. 15 UST 3163. (2) conduct a continuing review of the condition of the stocks 8 UST 2283; of marine mammals, of methods for their protection and conserva- 20 UST 2992. tion, of humane means of taking marinė mammals, of research 80 Stat. 1091. programs conducted or proposed to be conducted under the 16 USC 1151 authority of this Act, and of all applications for permits for note. 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. 9261 Species Conservation Act of 1969, as may be appropriate with 83 Stat. 283. regard to marine mammals; and 16 USC 668aa (7) recommend to the Secretary, other appropriate Federal not.. 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 Reports and intervals as it or he may deem desirable, and shall furnish its reports recommendations. and recommendations to him, before publication, for his comment. (c) The reports and recommendations which the Commission makes Public infor shall be matters of public record and shall be available to the public mation. at all reasonable times. All other activities of the Commission shall he matters of public record and available to the public in accordance with the provisions of section 552 of title 5, United States Code. 81 Stat. 54. Membership. 86 STAT 1044 86 STAT. 1045 Compensation. 5 USC 5332 note. 80 Stat. 499} Transmittal to Federal agenoy and congression al committees. Report to (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. COMMITTEE OF SCIENTIFIC ADVISORS ON MARINE MAMMALS SEC. 203. (a) The Commission shall establish, within ninety days after its establishment, a Committee of Scientific Advisors on Marine Mammals (hereafter referred to in this title 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) 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, United States Code, 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, United States Code, for persons in Government service employed intermittently. (c) 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 Act, 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. COMMISSION REPORTS SEC. 204. The Commission shall transmit to Congress, by January 31 of each year, a report which shall include (1) a description of the activities and accomplishments of the Commission during the immediately preceding year; and (2) all the findings and recommendations made by and to the Commission pursuant to section 202 of this Act together with the responses made to these recommendations. COORDINATION WITH OTHER FEDERAL AGENCIES SEC. 205. 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 Act. ADMINISTRATION OF COMMISSION SEC. 206. The Commission, in carrying out its responsibilities under this title, may (1) employ and fix the compensation of such personnel; (3) enter into such contracts or agreements with 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, United States Code (but at rates for individuals not to exceed $100 80 Stat. 416. 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 title. 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. 86 STAT, 1045 86 STAT. 1046 AUTHORIZATION OF APPROPRIATIONS SEC. 207. There are authorized to be appropriated for the fiscal year in which this title is enacted and for the next four fiscal years thereafter such sums as may be necessary to carry out this title, but the sums appropriated for any such year shall not exceed $1,000,000. Not less than two-thirds of the total amount of the sums appropriated pursuant to this section for any such year shall be expended on research and studies conducted under the authority of section 202 (a) (2) and (3) of this title. Approved October 21, 1972. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 92-707 (Comm. on Merohant Marine and Fisheries) and SENATE REPORT No. 92-863 accompanying S. 2871 (Comm. on Commerce). Vol. 117 (1971): Deo. 6, considered in House. Vol. 118 (1972): Mar. 9, considered and passed House. July 25, 26, considered and passed Senate, amended, in lieu of S. 2871. Oot. 10, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 8, No. 44 (1972) Oot. 28, Presidential statement. Public Law 92-523 An Act To amend the Act to authorize appropriations for the fiscal year 1973 for certain maritime programs of the Department of Commerce. 86 STAT, 1046 Commerce Depart Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Act of August 22, 1972 (86 Stat. 617; Public Law 92-402) is amended ment maritime by striking out of paragraph (a) thereof the figure $280,000,000 and inserting in lieu thereof the figure $455,000,000. Approved October 21, 1972. programs. Appropriation increase. LEGISLATIVE HISTORY: HOUSE REPORT No. 92-1569 (Comm. on Merchant Marine and Fisheries). Oot. 12, considered and passed House. Oot. 13, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol 8, No. 44: Oct. 28, Presidential statement. (146) |