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16 U.S.C. § 916 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 916 — Definitions

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section916a&num=0&edition=prelim). **(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, huntin

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Stable record: federal_law:legal_authorities:record_usc_63bf52f7060b817f08202153
Source file: Laws/federal/codes/united-states-code/title-16/section-916-definitions--9dd75ba0c0.md
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Source location: Title 16, Chapter 14, § 916; chapter-014-regulation-of-whaling.md

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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section916a&num=0&edition=prelim). **(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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 916a — United States Commissioner

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1371 — Moratorium on taking and importing marine mammals and marine mammal products

**(a) Imposition; exceptions** There shall be a moratorium on the taking and importation of marine mammals and marine mammal products, commencing on the effective date of this chapter, during which time no permit may be issued for the taking of any marine mammal and no marine mammal or marine mammal product may be imported into the United States except in the following cases: (1) Consistent with the provisions of [section 1374 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1374&num=0&edition=prelim), permits may be issued by the Secretary for taking, and importation for purposes of scientific research, public display, photography for educational or commercial purposes, or enhancing the survival or recovery of a species or stock, or for importation of polar bear parts (other than internal organs) taken in sport hunts in Canada. Such permits, except permits issued under [section 1374(c)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1374/c/5&num=0&edition=prelim), may be issued if the taking or importation proposed to be made is first reviewed by the Marine Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under subchapter III. The Commission and Committee shall recommend any proposed taking or importation, other than importation under [section 1374(c)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1374/c/5&num=0&edition=prelim), which is consistent with the purposes and policies of [section 1361 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1361&num=0&edition=prelim). If the Secretary issues such a permit for importation, the Secretary shall issue to t

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1402 — Duties of Commission

**(a) Reports and recommendations** The Commission shall— (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 Whaling Convention Act of 1949 [[16 U.S.C. 916](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section916&num=0&edition=prelim) et seq.], the Interim Convention on the Conservation of North Pacific Fur Seals, and the Fur Seal Act of 1966 [[16 U.S.C. 1151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1151&num=0&edition=prelim) et seq.]; (2) conduct a continuing review of the condition 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 applications for permits for scientific research, public display, or enhancing the survival or recovery of a species or stock; (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 necessary 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 such revisions of the endangered s

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 916b — Acceptance or rejection by United States Government of regulations, etc.; acceptance of reports, recommendations, etc., of Commission

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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 916c — Unlawful acts

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 916d — Licenses

**(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

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 916e — Failure to keep returns, records, reports

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section916f&num=0&edition=prelim) shall not be invoked for failure to comply with requirements respecting returns, records, and reports.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 916f — Violations; fines and penalties

Except as to violations defined in clause 3 of subsection (a) of [section 916c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section916c&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 916g — Enforcement

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3041&num=0&edition=prelim); 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 warran

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 916i — Taking of whales for biological experiments

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.

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