504 



(c) The President shall designate a Chairman of 

 the Commission (hereafter referred to in this sub- 

 chapter as the "Chairman") from among its mem- 

 bers. 



(d) 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 inter- 

 mittently. 



(e) The Commission shall have an Executive Di- 

 rector, 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. (Pub. L. 92-522, title II, § 201, 

 Oct. 21, 1972, 86 Stet. 1043.) 



§1402. Duties; reports and recommendations; public 

 information; explanation of non-adoption of rec- 

 ommendations. 



(a) The Commission shall — 



( 1 ) undertake a review and study of the activi- 

 ties 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, the 

 Interim Convention on the Conservation of North 

 Pacific Pur Seals, and the Pur Seal Act of 1966; 



(2) conduct a continuing review of the condi- 

 tion 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 ap- 

 plications 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 pro- 

 tection 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 ap- 

 propriate policies regarding existing international 

 arrangements for the protection and conservation 

 of marine mammals, and suggest appropriate in- 

 ternational arrangements for the protection and 

 conservation of marine mammals; 



(6) recommend to the Secretary such revi- 

 sions of the endangered species list and threat- 

 ened 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 appro- 

 priate Federal officials, and Congress such addi- 

 tional measures as it deems necessary or desirable 

 to further the policies of this chapter, including 

 provisions for the protection of the Indians, Eski- 

 mos, and Aleuts whose livelihood may be adversely 

 affected by actions taken pursuant to this chapter. 



(b) The Commission shall consult with the Sec- 

 retary at such intervals as it or he may deem desir- 

 able, and shall furnish its reports and recommenda- 

 tions 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 pub- 

 lic in accordance with the provisions of section 552 

 of Title 5. 



(d) Any recommendations made by the Commis- 

 sion to the Secretary and other Federal officials shall 

 be responded to by those Individuals within one 

 hundred and t'.venty days after receipt thereof. Any 

 reco!nmendr>tions which rLre not follov.ed or adopted 

 shall te referred to tlie Coni:nission together with 

 a detailed explr.nation of the reasons why those 

 recomaieiid.itions were not fallowed or r.doptcd. 

 (Pub. L. S2-522, title II, § 202. Oct. 21, 1972, 86 Stat. 

 1044, amended Pub. L. 93-205, § 13(e)(4), Dec. 28, 

 1973, 87 Stat. 903.) 



Amendments 



1973 — Sub=ec. (al (6). Piit). L. 93-205 substituted "such 

 revisions of the endangered species U'-A and threntened 

 species list published pursua- t to section 1533(0) (1) of 

 this title" for "of the Interior such revisions of the 

 Endangered S;iecics List, authorized by the Endangered 

 Species Conservation Act of 1969,". 



§ 1403. Committee of Scientific Advisors on Marine 

 Mammals. 



(a) The Commission shall establish, within ninety 

 days after its establishment, a Committee of Scien- 

 tific Advisors on Marine Mammals (hereafter re- 

 ferred to in this subchapter as the "Committee"). 

 Such Committee shall consist of nine scientists 

 knowledgeable In marine ecology and marine mam- 

 mal affairs appointed by the Chairman after con- 

 sultation with the Chairman of the Council on 

 Environmental Quality, the Secretary of the Smith- 

 sonian Institution, the Director of the National 

 Science Foundation, and the Chairman of the Na- 

 tional Academy of Sciences. 



(b) Except for United States Government em- 

 ployees, members of the Committee shall each be 

 compensated at a rate equal to the dally 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 f)er diem in lieu of 

 subsistence, as authorized by section 5703 of Title 

 5 for persons In Government service employed 

 intermittently. 



(c) The Commission shall consult with the Com- 



