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16 USC CHAPTER 14 - REGULATION OF WHALING - Whaling Convention Act

-CITE-
16 USC CHAPTER 14 - REGULATION OF WHALING 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 14 - REGULATION OF WHALING

-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 Repealed.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.

-End-


-CITE-
16 USC SUBCHAPTER I - WHALING TREATY ACT 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 14 - REGULATION OF WHALING
SUBCHAPTER I - WHALING TREATY ACT

-HEAD-
SUBCHAPTER I - WHALING TREATY ACT

-End-



-CITE-
16 USC Secs. 901 to 915 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 14 - REGULATION OF WHALING
SUBCHAPTER I - WHALING TREATY ACT

-HEAD-
Secs. 901 to 915. Repealed. Aug. 9, 1950, ch. 653, Sec. 16, 64
Stat. 425

-MISC1-
Sections, act May 1, 1936, ch. 251, Secs. 1-15, 49 Stat.
1246-1249, related to hunting of whales. See sections 916 to 916l
of this title.

-End-


-CITE-
16 USC SUBCHAPTER II - WHALING CONVENTION ACT 01/19/04

-EXPCITE-
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.

-End-



-CITE-
16 USC Sec. 916 01/19/04

-EXPCITE-
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.


-MISC2-
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."

-End-



-CITE-
16 USC Sec. 916a 01/19/04

-EXPCITE-
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.


-MISC1-
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.

-End-



-CITE-
16 USC Sec. 916b 01/19/04

-EXPCITE-
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.

-End-



-CITE-
16 USC Sec. 916c 01/19/04

-EXPCITE-
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.


-MISC1-
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.

-End-



-CITE-
16 USC Sec. 916d 01/19/04

-EXPCITE-
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.


-MISC1-
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.

-End-



-CITE-
16 USC Sec. 916e 01/19/04

-EXPCITE-
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.

-End-



-CITE-
16 USC Sec. 916f 01/19/04

-EXPCITE-
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.

-End-



-CITE-
16 USC Sec. 916g 01/19/04

-EXPCITE-
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.

-End-



-CITE-
16 USC Sec. 916h 01/19/04

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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.)

-End-



-CITE-
16 USC Sec. 916i 01/19/04

-EXPCITE-
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.

-End-



-CITE-
16 USC Sec. 916j 01/19/04

-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.

-End-



-CITE-
16 USC Sec. 916k 01/19/04

-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.

-End-



-CITE-
16 USC Sec. 916l 01/19/04

-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.

-End-