US (United States) Code. Title 16. Chapter 14: Regulation of whaling

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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16 USC CHAPTER 14 - REGULATION OF WHALING 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 14 - REGULATION OF WHALING

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-HEAD-

CHAPTER 14 - REGULATION OF WHALING

-MISC1-

SUBCHAPTER I - WHALING TREATY ACT

Sec.

901 to 915. Repealed.

SUBCHAPTER II - WHALING CONVENTION ACT

916. Definitions.

916a. United States Commissioner.

(a) Appointment.

(b) Deputy Commissioner.

(c) Compensation.

916b. Acceptance or rejection by United States Government of

regulations, etc.; acceptance of reports, recommendations, etc.,

of Commission.

916c. Unlawful acts.

(a) Whaling, transporting, or selling violations;

records; reports.

(b) Acts of commission or omission.

916d. Licenses.

(a) Issuance.

(b) Licenses and fees required.

(c) Disposition of fees.

(d) Application; conditions precedent.

(e) Additional conditions.

916e. Failure to keep returns, records, reports.

916f. Violations; fines and penalties.

916g. Enforcement.

(a) Enforcement officers; arrests; search and seizure

of vessels; disposal of property.

(b) Stay of execution upon posting of bond; bond

requirements.

916h. Cooperation between Federal and State and private agencies

and organizations in scientific and other programs.

(a) Agency cooperation.

(b) Authorization for Federal agency cooperation.

916i. Taking of whales for biological experiments.

916j. Allocation of responsibility for administration and

enforcement.

(a) Administration and general enforcement.

(b) Enforcement relating to whaling vessels.

(c) Enforcement by officers and employees of coastal

States.

916k. Regulations; submission; publication; effectiveness.

916l. Authorization of appropriations.

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16 USC SUBCHAPTER I - WHALING TREATY ACT 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 14 - REGULATION OF WHALING

SUBCHAPTER I - WHALING TREATY ACT

.

-HEAD-

SUBCHAPTER I - WHALING TREATY ACT

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16 USC Sec. 901 to 915 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 14 - REGULATION OF WHALING

SUBCHAPTER I - WHALING TREATY ACT

-HEAD-

Sec. 901 to 915. Repealed. Aug. 9, 1950, ch. 653, Sec. 16, 64 Stat.

425

-MISC1-

Sections, act May 1, 1936, ch. 251, Sec. 1-15, 49 Stat.

1246-1249, related to hunting of whales. See sections 916 to 916l

of this title.

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16 USC SUBCHAPTER II - WHALING CONVENTION ACT 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 14 - REGULATION OF WHALING

SUBCHAPTER II - WHALING CONVENTION ACT

.

-HEAD-

SUBCHAPTER II - WHALING CONVENTION ACT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1371, 1402 of this

title.

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16 USC Sec. 916 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 14 - REGULATION OF WHALING

SUBCHAPTER II - WHALING CONVENTION ACT

-HEAD-

Sec. 916. Definitions

-STATUTE-

When used in this subchapter -

(a) Convention: The word ''convention'' means the International

Convention for the Regulation of Whaling signed at Washington under

date of December 2, 1946, by the United States of America and

certain other governments.

(b) Commission: The word ''Commission'' means the International

Whaling Commission established by article III of the convention.

(c) United States Commissioner: The words ''United States

Commissioner'' mean the member of the International Whaling

Commission representing the United States of America appointed

pursuant to article III of the convention and section 916a of this

title.

(d) Person: The word ''person'' denotes every individual,

partnership, corporation, and association subject to the

jurisdiction of the United States.

(e) Vessel: The word ''vessel'' denotes every kind, type, or

description of water craft or contrivance subject to the

jurisdiction of the United States used, or capable of being used,

as a means of transportation.

(f) Factory ship: The words ''factory ship'' mean a vessel in

which or on which whales are treated or processed, whether wholly

or in part.

(g) Land station: The words ''land station'' mean a factory on

the land at which whales are treated or processed, whether wholly

or in part.

(h) Whale catcher: The words ''whale catcher'' mean a vessel used

for the purpose of hunting, killing, taking, towing, holding onto,

or scouting for whales.

(i) Whale products: The words ''whale products'' mean any

unprocessed part of a whale and blubber, meat, bones, whale oil,

sperm oil, spermaceti, meal, and baleen.

(j) Whaling: The word ''whaling'' means the scouting for,

hunting, killing, taking, towing, holding onto, and flensing of

whales, and the possession, treatment, or processing of whales or

of whale products.

(k) Regulations of the Commission: The words ''regulations of the

Commission'' mean the whaling regulations in the schedule annexed

to and constituting a part of the convention in their original form

or as modified, revised, or amended by the Commission from time to

time, in pursuance of article V of the convention.

(l) Regulations of the Secretary of Commerce: The words

''regulations of the Secretary of Commerce'' mean such regulations

as may be issued by the Secretary of Commerce, from time to time,

in accordance with sections 916i and 916j of this title.

-SOURCE-

(Aug. 9, 1950, ch. 653, Sec. 2, 64 Stat. 421; 1970 Reorg. Plan No.

4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-MISC1-

SHORT TITLE

Section 1 of act Aug. 9, 1950, provided: ''That this Act

(enacting this subchapter) may be cited as the 'Whaling Convention

Act of 1949'.''

SEPARABILITY

Section 15 of act Aug. 9, 1950, provided that: ''If any provision

of this Act (this subchapter) or the application of such provisions

to any circumstances or persons shall be held invalid, the validity

of the remainder of the Act and the applicability of such provision

to other circumstances or persons shall not be affected thereby.''

-TRANS-

TRANSFER OF FUNCTIONS

In subsec. (l), ''Secretary of Commerce'' substituted for

''Secretary of the Interior'' in view of: creation of National

Oceanic and Atmospheric Administration in Department of Commerce

and Office of Administrator of such Administration; abolition of

Bureau of Commercial Fisheries in Department of the Interior and

Office of Director of such Bureau; transfers of functions,

including functions formerly vested by law in Secretary of the

Interior or Department of the Interior which were administered

through Bureau of Commercial Fisheries or were primarily related to

such Bureau, exclusive of certain enumerated functions with respect

to Great Lakes fishery research, Missouri River Reservoir research,

Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline

investigations; and transfer of marine sport fish program of Bureau

of Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, eff.

Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix

to Title 5, Government Organization and Employees.

-MISC5-

WILDLIFE SANCTUARY FOR HUMPBACK WHALES IN WEST INDIES

Pub. L. 99-630, Nov. 7, 1986, 100 Stat. 3514, provided: ''That

the President shall, in concert with the International Whaling

Commission, seek a treaty or other appropriate international

agreement establishing a wildlife sanctuary for humpback whales in

the West Indies, in the area encompassing the Turks Islands,

Mouchoir Passage, Silver Bank Passage, Navidad Bank, and such

additional areas in the West Indies as may be necessary to ensure

the protection of the breeding grounds of the humpback whales.''

MORATORIUM ON COMMERCIAL KILLING OF WHALES

Pub. L. 96-60, title IV, Sec. 405, Aug. 15, 1979, 93 Stat. 403,

provided that:

''(a) The Congress finds and declares that -

''(1) whales are a unique marine resource of great esthetic and

scientific interest to mankind and are a vital part of the marine

ecosystem;

''(2) the protection and conservation of whales are of

particular interest to citizens of the United States;

''(3) in 1971 the Congress adopted resolutions requesting the

Secretary of State to negotiate a ten-year moratorium on the

commercial killing of whales;

''(4) the United States, which effectively banned all

commercial whaling by United States nationals in December 1971,

has sought an international moratorium on the commercial killing

of whales since 1972;

''(5) the United Nations Conference on the Human Environment

adopted a resolution in 1972 calling for a ten-year moratorium on

commercial whaling;

''(6) the United Nations Governing Council for Environment

Programs in 1973 and 1974 confirmed such call for a ten-year

moratorium, and the Council continues to support ongoing efforts

relating to whale conservation;

''(7) the International Convention for the Regulation of

Whaling, signed in 1946, as implemented by the International

Whaling Commission, is not providing adequate protection to

whales;

''(8) the data-gathering structure established under the

International Whaling Commission has not provided all the

available data necessary for sound whale conservation;

''(9) there is strong evidence that the members of the

International Whaling Commission continue to import, in some

instances in increasing amounts, whale products from countries

not members of the Commission; and

''(10) defects in the implementation of the International

Convention for the Regulation of Whaling by the International

Whaling Commission allow harvests of the declining whale species.

''(b) The Congress urges -

''(1) the International Whaling Commission to agree to a

moratorium on the commercial killing of whales; and

''(2) Brazil, Denmark, Iceland, Japan, Norway, the Soviet

Union, and the Republic of Korea, as parties to the International

Convention for the Regulation of Whaling and which still engage

in commercial whaling, and Chile, the People's Republic of China,

Peru, Portugal, the Democratic Republic of Korea, Spain, and

Taiwan, as countries which are not parties to the Convention and

which still engage in commercial whaling, to recognize and comply

voluntarily with a moratorium on the commercial killing of

whales, as endorsed by the United Nations Conference on the Human

Environment and the United Nations Governing Council for

Environment Programs.''

-CITE-

16 USC Sec. 916a 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 14 - REGULATION OF WHALING

SUBCHAPTER II - WHALING CONVENTION ACT

-HEAD-

Sec. 916a. United States Commissioner

-STATUTE-

(a) Appointment

The United States Commissioner shall be appointed by the

President, on the concurrent recommendations of the Secretary of

State and the Secretary of Commerce, and shall serve at the

pleasure of the President.

(b) Deputy Commissioner

The President may appoint a Deputy United States Commissioner, on

the concurrent recommendations of the Secretary of State and the

Secretary of Commerce. The Deputy United States Commissioner shall

serve at the pleasure of the President and shall be the principal

technical adviser to the United States Commissioner, and shall be

empowered to perform the duties of the Commissioner in case of the

death, resignation, absence, or illness of the Commissioner.

(c) Compensation

The United States Commissioner and Deputy Commissioner, although

officers of the United States Government, shall receive no

compensation for their services.

-SOURCE-

(Aug. 9, 1950, ch. 653, Sec. 3, 64 Stat. 421; 1970 Reorg. Plan. No.

4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior by Reorg. Plan No. 4 of 1970, see note set out under

section 916 of this title.

-MISC5-

ALTERNATE UNITED STATES COMMISSIONERS

Secretary of State authorized to designate Alternate United

States Commissioners, see sections 2672a and 2672b of Title 22,

Foreign Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 916 of this title.

-CITE-

16 USC Sec. 916b 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 14 - REGULATION OF WHALING

SUBCHAPTER II - WHALING CONVENTION ACT

-HEAD-

Sec. 916b. Acceptance or rejection by United States Government of

regulations, etc.; acceptance of reports, recommendations,

etc., of Commission

-STATUTE-

The Secretary of State is authorized, with the concurrence of the

Secretary of Commerce, to present or withdraw any objections on

behalf of the United States Government to such regulations or

amendments of the schedule to the convention as are adopted by the

Commission and submitted to the United States Government in

accordance with article V of the convention. The Secretary of

State is further authorized to receive on behalf of the United

States Government reports, requests, recommendations, and other

communications of the Commission, and to act thereon either

directly or by reference to the appropriate authority.

-SOURCE-

(Aug. 9, 1950, ch. 653, Sec. 4, 64 Stat. 422; 1970 Reorg. Plan No.

4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior by Reorg. Plan No. 4 of 1970, see note set out under

section 916 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 916k of this title.

-CITE-

16 USC Sec. 916c 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 14 - REGULATION OF WHALING

SUBCHAPTER II - WHALING CONVENTION ACT

-HEAD-

Sec. 916c. Unlawful acts

-STATUTE-

(a) Whaling, transporting, or selling violations; records; reports

It shall be unlawful for any person subject to the jurisdiction

of the United States (1) to engage in whaling in violation of the

convention or of any regulation of the Commission, or of this

subchapter, or of any regulation of the Secretary of Commerce; (2)

to ship, transport, purchase, sell, offer for sale, import, export,

or have in possession any whale or whale products taken or

processed in violation of the convention, or of any regulation of

the Commission, or of this subchapter, or of any regulation of the

Secretary of Commerce; (3) to fail to make, keep, submit, or

furnish any record or report required of him by the convention, or

by any regulation of the Commission, or by any regulation of the

Secretary of Commerce, or to refuse to permit any officer

authorized to enforce the convention, the regulations of the

Commission, this subchapter, and the regulations of the Secretary

of Commerce, to inspect such record or report at any reasonable

time.

(b) Acts of commission or omission

It shall be unlawful for any person or vessel subject to the

jurisdiction of the United States to do any act prohibited or to

fail to do any act required by the convention, or by this

subchapter, or by any regulation adopted by the Commission, or by

any regulation of the Secretary of Commerce.

-SOURCE-

(Aug. 9, 1950, ch. 653, Sec. 5, 64 Stat. 422; 1970 Reorg. Plan No.

4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior by Reorg. Plan No. 4 of 1970, see note set out under

section 916 of this title.

-MISC5-

EMERGENCY ASSISTANCE FOR SUBSISTENCE WHALE HUNTERS

Pub. L. 107-372, title IV, Sec. 403, Dec. 19, 2002, 116 Stat.

3102, provided that: ''Notwithstanding any provision of law, the

use of a vessel to tow a whale taken in a traditional subsistence

whale hunt permitted by Federal law and conducted in waters off the

coast of Alaska is authorized, if such towing is performed upon a

request for emergency assistance made by a subsistence whale

hunting organization formally recognized by an agency of the United

States Government, or made by a member of such an organization, to

prevent the loss of a whale.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 916f of this title.

-CITE-

16 USC Sec. 916d 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 14 - REGULATION OF WHALING

SUBCHAPTER II - WHALING CONVENTION ACT

-HEAD-

Sec. 916d. Licenses

-STATUTE-

(a) Issuance

No person shall engage in whaling without first having obtained

an appropriate license or scientific permit. Such licenses shall

be issued by the Secretary of Commerce or such officer of the

Department of Commerce as may be designated by him: Provided, That

the Secretary, in his discretion and by appropriate regulation, may

waive the payment of any license fee or the requirement that a

license first be obtained, in connection with the salvage of any

''Dauhval'' or unclaimed dead whale found floating or stranded.

(b) Licenses and fees required

The following licenses and fees shall be required for each

calendar year or any fraction thereof and shall be nontransferable

except under such conditions as may be prescribed by the Secretary:

(1) Land-station license for primary processing of whales,

$250.

(2) Land-station license for secondary processing of parts of

whales delivered to it by a land station licensed as a primary

processor, $100.

(3) Factory-ship license for primary processing of whales

delivered by whale catchers, $250.

(4) License for any vessel used exclusively for transporting

whale products from a factory ship to a port during the whaling

season, $100.

(5) Whale-catcher license, $100.

(c) Disposition of fees

All moneys derived from the issuance of whaling licenses shall be

covered into the Treasury of the United States, and no license fee

shall be refunded by reason of the failure of any person to whom a

license has been issued to utilize the facility in whaling for

which such license was issued.

(d) Application; conditions precedent

Any person, in making application for a license to operate a

whale catcher, must furnish evidence or affidavit satisfactory to

the Secretary of Commerce that, in addition to conforming to other

applicable laws and regulations, (1) the whale catcher is

adequately equipped and competently manned to engage in whaling in

accordance with the provisions of the convention, the regulations

of the Commission, and the regulations of the Secretary of

Commerce; (2) gunners and crews will be compensated on some basis

that does not depend primarily on the number of whales taken; and

(3) no bonus or other partial remuneration with relation to the

number of whales taken shall be paid to gunners and crews in

respect of the taking of any whales, the taking of which is

prohibited.

(e) Additional conditions

Any person, in making application for a license to operate a land

station or a factory ship must furnish evidence or affidavits to

the satisfaction of the Secretary of Commerce that, in addition to

conforming to other applicable laws and regulations, such land

station or factory ship is adequately equipped to comply with

provisions of the convention, of the regulations of the Commission,

and of the regulations of the Secretary of Commerce with respect to

the processing of whales or the manufacture of whale products.

-SOURCE-

(Aug. 9, 1950, ch. 653, Sec. 6, 64 Stat. 422; 1970 Reorg. Plan No.

4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior by Reorg. Plan No. 4 of 1970, see note set out under

section 916 of this title.

-MISC5-

REFUND OF LICENSE FEES PAID UNDER SUBCHAPTER I OF THIS CHAPTER

Section 16 of act Aug. 9, 1950, provided in part that the

Secretary of the Interior is authorized to refund any part of a

license fee paid under former section 908 of this title that is in

excess of the license fee required under this section.

-CITE-

16 USC Sec. 916e 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 14 - REGULATION OF WHALING

SUBCHAPTER II - WHALING CONVENTION ACT

-HEAD-

Sec. 916e. Failure to keep returns, records, reports

-STATUTE-

Any person who fails to make, keep, or furnish any catch return,

statistical record, or any report that may be required by the

convention, or by any regulation of the Commission, or by this

subchapter, or by a regulation of the Secretary of Commerce, or any

person who furnishes a false return, record, or report, upon

conviction, shall be subject to such fine as may be imposed by the

court not to exceed $500, and shall in addition be prohibited from

whaling, processing, or possessing whales and whale products from

the date of conviction until such time as any delinquent return,

record, or report shall have been submitted or any false return,

record, or report shall have been replaced by a duly certified

correct and true return, record, or report to the satisfaction of

the court. The penalties imposed by section 916f of this title

shall not be invoked for failure to comply with requirements

respecting returns, records, and reports.

-SOURCE-

(Aug. 9, 1950, ch. 653, Sec. 7, 64 Stat. 423; 1970 Reorg. Plan No.

4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior by Reorg. Plan No. 4 of 1970, see note set out under

section 916 of this title.

-CITE-

16 USC Sec. 916f 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 14 - REGULATION OF WHALING

SUBCHAPTER II - WHALING CONVENTION ACT

-HEAD-

Sec. 916f. Violations; fines and penalties

-STATUTE-

Except as to violations defined in clause 3 of subsection (a) of

section 916c of this title, any person violating any provision of

the convention, or of any regulation of the Commission, or of this

subchapter, or of any regulation of the Secretary of Commerce upon

conviction, shall be fined not more than $10,000 or be imprisoned

not more than one year, or both. In addition the court may

prohibit such person from whaling for such period of time as it may

determine, and may order forfeited, in whole or in part, the whales

taken by such person in whaling during the season, or the whale

products derived therefrom or the monetary value thereof. Such

forfeited whales or whale products shall be disposed of in

accordance with the direction of the court.

-SOURCE-

(Aug. 9, 1950, ch. 653, Sec. 8, 64 Stat. 423; 1970 Reorg. Plan No.

4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior by Reorg. Plan No. 4 of 1970, see note set out under

section 916 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 916e of this title.

-CITE-

16 USC Sec. 916g 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 14 - REGULATION OF WHALING

SUBCHAPTER II - WHALING CONVENTION ACT

-HEAD-

Sec. 916g. Enforcement

-STATUTE-

(a) Enforcement officers; arrests; search and seizure of vessels;

disposal of property

Any duly authorized enforcement officer or employee of the

Department of Commerce; any Coast Guard officer; any United States

marshal or deputy United States marshal; any customs officer; and

any other person authorized to enforce the provisions of the

convention, the regulations of the Commission, this subchapter, and

the regulations of the Secretary of Commerce, shall have power,

without warrant or other process but subject to the provisions of

the convention, to arrest any person subject to the jurisdiction of

the United States committing in his presence or view a violation of

the convention or of this subchapter, or of the regulations of the

Commission, or of the regulations of the Secretary of Commerce and

to take such person immediately for examination before a justice or

judge or any other official designated in section 3041 of title 18;

and shall have power, without warrant or other process, to search

any vessel subject to the jurisdiction of the United States or land

station when he has reasonable cause to believe that such vessel or

land station is engaged in whaling in violation of the provisions

of the convention or this subchapter or the regulations of the

Commission, or the regulations of the Secretary of Commerce. Any

person authorized to enforce the provisions of the convention, this

subchapter, the regulations of the Commission, or the regulations

of the Secretary of Commerce shall have power to execute any

warrant or process issued by an officer or court of competent

jurisdiction for the enforcement of this subchapter, and shall have

power with a search warrant to search any vessel, person, or place

at any time. The judges of the United States district courts and

the United States magistrate judges may, within their respective

jurisdictions, upon proper oath or affirmation showing probable

cause, issue warrants in all such cases. Subject to the provisions

of the convention, any person authorized to enforce the convention,

this subchapter, the regulations of the Commission, and the

regulations of the Secretary of Commerce may seize, whenever and

wherever lawfully found, all whales or whale products taken,

processed, or possessed contrary to the provisions of the

convention, of this subchapter of the regulations of the

Commission, or of the regulations of the Secretary of Commerce.

Any property so seized shall not be disposed of except pursuant

to the order of a court of competent jurisdiction or the provisions

of subsection (b) of this section, or, if perishable, in the manner

prescribed by regulations of the Secretary of Commerce.

(b) Stay of execution upon posting of bond; bond requirements

Notwithstanding the provisions of section 2464 of title 28, when

a warrant of arrest or other process in rem is issued in any cause

under this section, the marshal or other officer shall stay the

execution of such process, or discharge any property seized if the

process has been levied, on receiving from the claimant of the

property a bond or stipulation for double the value of the property

with sufficient surety to be approved by a judge of the district

court having jurisdiction, conditioned to deliver the property

seized, if condemned, without impairment in value or, in the

discretion of the court, to pay its equivalent value in money or

otherwise to answer the decree of the court in such cause. Such

bond or stipulation shall be returned to the court and judgment

thereon against both the principal and sureties may be recovered in

event of any breach of the conditions thereof as determined by the

court.

-SOURCE-

(Aug. 9, 1950, ch. 653, Sec. 9, 64 Stat. 423; Pub. L. 90-578, title

IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; 1970 Reorg. Plan

No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L.

101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-CHANGE-

CHANGE OF NAME

''United States magistrate judges'' substituted for ''United

States magistrates'' in subsec. (a) pursuant to section 321 of Pub.

L. 101-650, set out as a note under section 631 of Title 28,

Judiciary and Judicial Procedure. Previously, ''United States

magistrates'' substituted for ''United States commissioners'' in

subsec. (a) pursuant to Pub. L. 90-578. See chapter 43 (Sec. 631 et

seq.) of Title 28.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

In subsec. (a), ''Department of Commerce'' substituted for

''United States Fish and Wildlife Service of the Department of the

Interior'' and ''Secretary of Commerce'' for ''Secretary of the

Interior'', see note set out under section 916 of this title.

United States Fish and Wildlife Service, consisting of Bureau of

Commercial Fisheries and Bureau of Sport Fisheries and Wildlife,

succeeded and replaced Fish and Wildlife Service of Department of

the Interior under provisions of Fish and Wildlife Act of 1956, as

originally provided in section 742b(a) and (d) of this title.

-CITE-

16 USC Sec. 916h 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 14 - REGULATION OF WHALING

SUBCHAPTER II - WHALING CONVENTION ACT

-HEAD-

Sec. 916h. Cooperation between Federal and State and private

agencies and organizations in scientific and other programs

-STATUTE-

(a) Agency cooperation

In order to avoid duplication in scientific and other programs,

the Secretary of State, with the concurrence of the agency,

institution, or organization concerned, may direct the United

States Commissioner to arrange for the cooperation of agencies of

the United States Government, and of State and private institutions

and organizations in carrying out the provisions of article IV of

the convention.

(b) Authorization for Federal agency cooperation

All agencies of the Federal Government are authorized, on request

of the Commission, to cooperate in the conduct of scientific and

other programs, or to furnish facilities and personnel for the

purpose of assisting the Commission in the performance of its

duties as prescribed by the convention.

-SOURCE-

(Aug. 9, 1950, ch. 653, Sec. 10, 64 Stat. 424.)

-CITE-

16 USC Sec. 916i 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 14 - REGULATION OF WHALING

SUBCHAPTER II - WHALING CONVENTION ACT

-HEAD-

Sec. 916i. Taking of whales for biological experiments

-STATUTE-

Nothing contained in this subchapter shall prevent the taking of

whales and the conducting of biological experiments at any time for

purposes of scientific investigation in accordance with scientific

permits and regulations issued by the Secretary of Commerce or

shall prevent the Commission from discharging its duties as

prescribed by the convention.

-SOURCE-

(Aug. 9, 1950, ch. 653, Sec. 11, 64 Stat. 424; 1970 Reorg. Plan No.

4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior by Reorg. Plan No. 4 of 1970, see note set out under

section 916 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 916 of this title.

-CITE-

16 USC Sec. 916j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 14 - REGULATION OF WHALING

SUBCHAPTER II - WHALING CONVENTION ACT

-HEAD-

Sec. 916j. Allocation of responsibility for administration and

enforcement

-STATUTE-

(a) Administration and general enforcement

The Secretary of Commerce is authorized and directed to

administer and enforce all of the provisions of this subchapter and

regulations issued pursuant thereto and all of the provisions of

the convention and of the regulations of the Commission, except to

the extent otherwise provided for in this subchapter, in the

convention, or in the regulations of the Commission. In carrying

out such functions he is authorized to adopt such regulations as

may be necessary to carry out the purposes and objectives of the

convention, the regulations of the Commission, this subchapter, and

with the concurrence of the Secretary of State, to cooperate with

the duly authorized officials of the government of any party to the

convention.

(b) Enforcement relating to whaling vessels

Enforcement activities under the provisions of this subchapter

relating to vessels engaged in whaling and subject to the

jurisdiction of the United States primarily shall be the

responsibility of the Secretary of the Treasury in cooperation with

the Secretary of Commerce.

(c) Enforcement by officers and employees of coastal States

The Secretary of Commerce may authorize officers and employees of

the coastal States of the United States to enforce the provisions

of the convention, or of the regulations of the Commission, or of

this subchapter, or of the regulations of the Secretary of

Commerce. When so authorized such officers and employees may

function as Federal law-enforcement officers for the purposes of

this subchapter.

-SOURCE-

(Aug. 9, 1950, ch. 653, Sec. 12, 64 Stat. 425; 1970 Reorg. Plan No.

4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior by Reorg. Plan No. 4 of 1970, see note set out under

section 916 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 916 of this title.

-CITE-

16 USC Sec. 916k 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 14 - REGULATION OF WHALING

SUBCHAPTER II - WHALING CONVENTION ACT

-HEAD-

Sec. 916k. Regulations; submission; publication; effectiveness

-STATUTE-

Regulations of the Commission approved and effective in

accordance with section 916b of this title and article V of the

convention shall be submitted for appropriate action or publication

in the Federal Register by the Secretary of Commerce and shall

become effective with respect to all persons and vessels subject to

the jurisdiction of the United States in accordance with the terms

of such regulations and the provisions of article V of the

convention.

-SOURCE-

(Aug. 9, 1950, ch. 653, Sec. 13, 64 Stat. 425; 1970 Reorg. Plan No.

4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior by Reorg. Plan No. 4 of 1970, see note set out under

section 916 of this title.

-CITE-

16 USC Sec. 916l 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 14 - REGULATION OF WHALING

SUBCHAPTER II - WHALING CONVENTION ACT

-HEAD-

Sec. 916l. Authorization of appropriations

-STATUTE-

There is hereby authorized to be appropriated from time to time,

out of any moneys in the Treasury not otherwise appropriated, such

sums as may be necessary to carry out the provisions of the

convention and of this subchapter, including (1) contributions to

the Commission for the United States share of any joint expenses of

the Commission agreed by the United States and any of the other

contracting governments, and (2) the expenses of the United States

Commissioner and his staff, including (a) personal services in the

District of Columbia and elsewhere, without regard to the

civil-service laws and chapter 51 and subchapter III of chapter 53

of title 5; (b) travel expenses without regard to subchapter I of

chapter 57 of title 5 and section 5731(a) of title 5; (c)

transportation of things, communication services; (d) rent of

offices; (e) printing and binding without regard to section 501 of

title 44, and section 5 of title 41; (f) stenographic and other

services by contract, if deemed necessary, without regard to

section 5 of title 41; (g) supplies and materials; (h) equipment;

(i) purchase, hire, operation, maintenance, and repair of aircraft,

motor vehicles (including passenger-carrying vehicles), boats, and

research vessels.

-SOURCE-

(Aug. 9, 1950, ch. 653, Sec. 14, 64 Stat. 425.)

-REFTEXT-

REFERENCES IN TEXT

The civil-service laws, referred to in text, are set forth in

Title 5, Government Organization and Employees. See, particularly,

section 3301 et seq. of Title 5.

-COD-

CODIFICATION

In cl. (a), ''chapter 51 and subchapter III of chapter 53 of

title 5'' substituted for ''the Classification Act of 1923, as

amended'' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631 (the first section of which enacted Title 5,

Government Organization and Employees), and of section 1106(a) of

act Oct. 28, 1949, ch. 782, title XI, 63 Stat. 972, which provided

that references in other laws to the Classification Act of 1923

shall be considered to mean the Classification Act of 1949.

In cl. (b), ''subchapter I of chapter 57 of title 5 and section

5731(a) of title 5'' substituted for ''the Travel Expense Act of

1949 and section 10 of the Act of March 3, 1933 (U.S.C., title 5,

sec. 73b)'' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6,

1966, 80 Stat. 631, the first section of which enacted Title 5.

In cl. (e), ''section 501 of title 44'' substituted for ''section

11 of the Act of March 1, 1919 (U.S.C., title 44, sec. 111)'' on

authority of Pub. L. 90-620, Sec. 2(b), Oct. 22, 1968, 82 Stat.

1305, the first section of which enacted Title 44, Public Printing

and Documents.

-CITE-