16 U.S.C. § 916l — Authorization of appropriations

Page 1550 TITLE 16—CONSERVATION § 916j of biological experiments at any time for pur- poses 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 pre- scribed by the convention. (Aug. 9, 1950, ch. 653, § 11, 64 Stat. 424; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.) Executive Documents 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. § 916j. Allocation of responsibility for administra- tion and enforcement (a) Administration and general enforcement The Secretary of Commerce is authorized and directed to administer and enforce all of the pro- visions of this subchapter and regulations issued pursuant thereto and all of the provisions of the convention and of the regulations of the Com- mission, 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 conven- tion, 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 responsi- bility of the Secretary of the Treasury in co- operation with the Secretary of Commerce. (c) Enforcement by officers and employees of coastal States The Secretary of Commerce may authorize of- ficers and employees of the coastal States of the United States to enforce the provisions of the convention, or of the regulations of the Commis- sion, or of this subchapter, or of the regulations of the Secretary of Commerce. When so author- ized such officers and employees may function as Federal law-enforcement officers for the pur- poses of this subchapter. (Aug. 9, 1950, ch. 653, § 12, 64 Stat. 425; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.) Executive Documents 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. § 916k. Regulations; submission; publication; ef- fectiveness 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 re- spect to all persons and vessels subject to the ju- risdiction of the United States in accordance with the terms of such regulations and the pro- visions of article V of the convention. (Aug. 9, 1950, ch. 653, § 13, 64 Stat. 425; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.) Executive Documents 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. § 916l. Authorization of appropriations 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, includ- ing (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 Commis- sioner and his staff, including (a) personal serv- ices 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 6101 of title 41; (f) stenographic and other services by contract, if deemed necessary, without regard to section 6101 of title 41; (g) supplies and materials; (h) equipment; (i) purchase, hire, operation, mainte- nance, and repair of aircraft, motor vehicles (in- cluding passenger-carrying vehicles), boats, and research vessels. (Aug. 9, 1950, ch. 653, § 14, 64 Stat. 425.) Editorial Notes CODIFICATION In par. 2(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, § 7(b), Sept. 6, 1966, 80 Stat. 631 (the first section of which en- acted Title 5, Government Organization and Employ- ees), 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 con- sidered to mean the Classification Act of 1949. In par. 2(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, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5. In par. 2(e), ‘‘section 501 of title 44 and section 6101 of title 41’’ substituted for ‘‘section 11 of the Act of March 1, 1919 (U.S.C., title 44, sec. 111), and section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5)’’ on authority of Pub. L. 90–620, § 2(b), Oct. 22, 1968, 82 Stat. 1305, which Page 1551 TITLE 16—CONSERVATION § 917a 1 See References in Text note below. Act enacted Title 44, Public Printing and Documents, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In par. 2(f), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. CHAPTER 14A—WHALE CONSERVATION AND PROTECTION Sec. 917. Congressional findings. 917a. Study by Secretary of Commerce; report to Congress. 917b. Cooperation of other Federal agencies. 917c. Negotiations with Mexico and Canada. 917d. Authorization of appropriations. § 917. Congressional findings The Congress finds that— (1) whales are a unique resource of great aes- thetic and scientific interest to mankind and are a vital part of the marine ecosystem; (2) whales have been overexploited by man for many years, severely reducing several spe- cies and endangering others; (3) the United States has extended its au- thority and responsibility to conserve and pro- tect all marine mammals, including whales, out to a two hundred nautical mile limit by enactment of the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.]; (4) the conservation and protection of cer- tain species of whales, including the California gray, bowhead, sperm, and killer whale, are of particular interest to citizens of the United States; (5) increased ocean activity of all types may threaten the whale stocks found within the two hundred-mile jurisdiction of the United States and added protection of such stocks may be necessary; (6) there is inadequate knowledge of the ecology, habitat, requirements, and popu- lation levels and dynamics of all whales found in waters subject to the jurisdiction of the United States; and (7) further study of such matters is required in order for the United States to carry out its responsibilities for the conservation and pro- tection of marine mammals. (Pub. L. 94–532, § 2, Oct. 17, 1976, 90 Stat. 2491; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.) Editorial Notes REFERENCES IN TEXT The Magnuson-Stevens Fishery Conservation and Management Act, referred to in par. (3), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. AMENDMENTS 1996—Par. (3). Pub. L. 104–208 substituted ‘‘Magnuson- Stevens Fishery’’ for ‘‘Magnuson Fishery’’. 1980—Par. (3). Pub. L. 96–561 substituted ‘‘Magnuson Fishery Conservation and Management Act’’ for ‘‘Fish- ery Conservation and Management Act of 1976’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996. EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided that the amendment made by that sec- tion is effective 15 days after Dec. 22, 1980. SHORT TITLE Pub. L. 94–532, § 1, Oct. 17, 1976, 90 Stat. 2491, provided: ‘‘That this Act [enacting this chapter] may be cited as the ‘Whale Conservation and Protection Study Act’.’’ § 917a. Study by Secretary of Commerce; report to Congress The Secretary of Commerce, in consultation with the Marine Mammal Commission and the coastal States, shall undertake comprehensive studies of all whales found in waters subject to the jurisdiction of the United States, including the fishery conservation zone as defined in sec- tion 1802(8) 1 of this title. Such studies shall take into consideration all relevant factors regarding (1) the conservation and protection of all such whales, (2) the distribution, migration patterns, and population dynamics of these mammals, and (3) the effects on all such whales of habitat de- struction, disease, pesticides, and other chemi- cals, disruption of migration patterns, and food shortages for the purpose of developing adequate and effective measures, including appropriate laws and regulations, to conserve and protect such mammals. The Secretary of Commerce shall report on such studies, together with such recommendations as he deems appropriate, in- cluding suggested legislation, to the Congress no later than January 1, 1980. (Pub. L. 94–532, § 3, Oct. 17, 1976, 90 Stat. 2491.) Editorial Notes REFERENCES IN TEXT Section 1802(8) of this title, referred to in text, which defined ‘‘fishery conservation zone’’, was repealed and section 1802(6) of this title, defining ‘‘exclusive eco- nomic zone’’, was added by Pub. L. 99–659, title I, § 101(a), Nov. 14, 1986, 100 Stat. 3706. Section 1802 was subsequently amended and the term ‘‘exclusive eco- nomic zone’’ is defined elsewhere in that section. Statutory Notes and Related Subsidiaries STUDY OF EASTERN GRAY WHALE POPULATION Pub. L. 106–562, title IV, § 401, Dec. 23, 2000, 114 Stat. 2807, provided that: ‘‘(a) STUDY.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2000] and subject to the availability of appropriations, the Secretary of Commerce shall initiate a study of the environmental and biological factors responsible for the significant in- crease in mortality events of the eastern gray whale population, and the other potential impacts these fac-