503 



period of research provided in this section, duly au- 

 thorized agents of the Secretary are hereby empow- 

 ered to board and to accompany any commercial 

 fishing vessel documented under the laws of the 

 United States, there being space available, on a reg- 

 ular fishing trip for the purpose of conducting re- 

 search or observing oi>erations in regard to the 

 development of improved fishing methods and gear 

 as authorized by this section. Such research and 

 observation shall be carried out in such manner as to 

 minimize interference with fishing operations. The 

 Secretary shall provide for the cost of quartering and 

 maintaining such agents. No master, operator, or 

 owner of such a vessel shall impair or in any way 

 interfere with the research or observation being 

 carried out by agents of the Secretary pursuant to 

 this section. (Pub. L. 92-522, title I, § 111, Oct. 21. 

 1972, 86 Stat. 1041.) 



§1382. Regulations and administration. 



(a) The Secretary, in consultation with any other 

 Federal agency to the extent that such agency may 

 be affected, shall prescribe such regulations as are 

 necessary and appropriate to carry out the purposes 

 of this subchapter. 



(b> Each Federal agency is authorized and di- 

 rected to cooperate with the Secretary, in such man- 

 ner as may be mutually agreeable, in carrying out 

 the purpKJses of this subchapter. 



(O The Secretary may enter into such contracts, 

 leases, cooperative agreements, or other transactions 

 as may be necessary to carry out the purposes of this 

 subchapter and on such terms as he deems appro- 

 priate with any Federal or State agency, public or 

 private institution, or other person. 



(d) The Secretary shall review annually the op- 

 eration of each program in which the United States 

 participates involving the taking of marine mam- 

 mals on lands. If at any time the Secretary finds 

 that any such program carmot be administered on 

 lands owned by the United States or in which the 

 United States has an interest in a manner consistent 

 with the purposes of policies of this chapter, he shall 

 suspend the operation of that program and shall 

 forthwith submit to Congress his reasons for such 

 suspension, together with recommendations for such 

 legislation as he deems necessary and appropriate 

 to resolve the problem. (Pub. L. 92-522, title I, § 112. 

 Oct. 21, 1972, 86 Stat. 1042.) 



§ 1383. Application to other treaties and conventions. 



The provisions of this subchapter shall be deemed 

 to be in addition to and not in contravention of the 

 provisions of any existing international treaty, con- 

 vention, or agreement, or any statute implementing 

 the same, which may otherwise apply to the taking 

 of marine mammals. Upon a finding by the Secre- 

 tary that the provisions of any international treaty, 

 convention, or agreement, or any statute implement- 

 ing the same has been made applicable to persons 

 subject to the provisions of this subchapter in order 

 to effect- essential compliance with the regulatory 



provisions of this chapter so as to reduce to the low- 

 est practicable level the taking of marine mammals 

 incidental to commercial fishing operations, section 

 1375 of this title may not apply to such persons. 

 (Pub. L. 92-522, title I, § 113(a), Oct. 21, 1972, 86 

 Stat. 1042.) 



§ 1384. .Authorization of appropriations. 



(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 oper- 

 ating to carry out such functions and responsibilities 

 as it may have been given under this- subchapter. 



( 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 De- 

 partment of the Interior to carry out such functions 

 and responsibilities as it may have been given under 

 this subchapter. (Pub. L. 92-522, title I. § 114, Oct. 21, 

 1972, 86 Stat. 1043.) 



SUBCHAPTER II.— MARINE MAMMAL 

 COMMISSION 



§1401. Establishment; membership; term; Chairman; 

 compensation; Executive Director. 



(ai There is hereby established the Marine Mam- 

 mal Commission 'hereafter referred to in this sub- 

 chapter as the "Commission"! . 



( b ) ( 1 ) The Commission shall be composed of 

 three members who shall be appointed by the Presi- 

 dent. 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 Na- 

 tional Science Foundation, and the Chairman of 

 the National Academy of Sciences, of individuals 

 knowledgeable in the fields of marine ecology and 

 resource management, and who are not in a posi- 

 tion to profit from the taking of marine mammals. 

 No member of the Commission may, during his pe- 

 riod 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 mem- 

 ber 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 re- 

 appointment: 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 imtil his successor has taken office. 



