16 U.S.C. § 916g — Enforcement

Page 1548 TITLE 16—CONSERVATION § 916e (2) Land-station license for secondary proc- essing of parts of whales delivered to it by a land station licensed as a primary processor, $100. (3) Factory-ship license for primary proc- essing 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 whal- ing 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 li- cense to operate a whale catcher, must furnish evidence or affidavit satisfactory to the Sec- retary of Commerce that, in addition to con- forming to other applicable laws and regula- tions, (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 Com- merce; (2) gunners and crews will be com- pensated on some basis that does not depend pri- marily on the number of whales taken; and (3) no bonus or other partial remuneration with re- lation to the number of whales taken shall be paid to gunners and crews in respect of the tak- ing of any whales, the taking of which is prohib- ited. (e) Additional conditions Any person, in making application for a li- cense to operate a land station or a factory ship must furnish evidence or affidavits to the satis- faction 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 pro- visions of the convention, of the regulations of the Commission, and of the regulations of the Secretary of Commerce with respect to the proc- essing of whales or the manufacture of whale products. (Aug. 9, 1950, ch. 653, § 6, 64 Stat. 422; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.) Statutory Notes and Related Subsidiaries REFUND OF LICENSE FEES PAID UNDER SUBCHAPTER I OF THIS CHAPTER Act Aug. 9, 1950, ch. 653, § 16, 64 Stat. 425, provided in part that the Secretary of the Interior is authorized to refund any part of a license fee paid under former sec- tion 908 of this title that is in excess of the license fee required under this section. 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. § 916e. Failure to keep returns, records, reports Any person who fails to make, keep, or furnish any catch return, statistical record, or any re- port 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 ad- dition be prohibited from whaling, processing, or possessing whales and whale products from the date of conviction until such time as any delin- quent return, record, or report shall have been submitted or any false return, record, or report shall have been replaced by a duly certified cor- rect 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 respect- ing returns, records, and reports. (Aug. 9, 1950, ch. 653, § 7, 64 Stat. 423; 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. § 916f. Violations; fines and penalties Except as to violations defined in clause 3 of subsection (a) of section 916c of this title, any person violating any provision of the conven- tion, 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 there- from or the monetary value thereof. Such for- feited whales or whale products shall be disposed of in accordance with the direction of the court. (Aug. 9, 1950, ch. 653, § 8, 64 Stat. 423; 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. § 916g. Enforcement (a) Enforcement officers; arrests; search and sei- zure 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 en- force the provisions of the convention, the regu- Page 1549 TITLE 16—CONSERVATION § 916i lations of the Commission, this subchapter, and the regulations of the Secretary of Commerce, shall have power, without warrant or other proc- ess but subject to the provisions of the conven- tion, to arrest any person subject to the juris- diction 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 Sec- retary of Commerce and to take such person im- mediately 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 en- gaged in whaling in violation of the provisions of the convention or this subchapter or the regu- lations of the Commission, or the regulations of the Secretary of Commerce. Any person author- ized to enforce the provisions of the convention, this subchapter, the regulations of the Commis- sion, or the regulations of the Secretary of Com- merce shall have power to execute any warrant or process issued by an officer or court of com- petent 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 dis- trict courts and the United States magistrate judges may, within their respective jurisdic- tions, 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 Commis- sion, 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 com- petent jurisdiction or the provisions of sub- section (b) of this section, or, if perishable, in the manner prescribed by regulations of the Sec- retary 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 jurisdic- tion, conditioned to deliver the property seized, if condemned, without impairment in value or, in the discretion of the court, to pay its equiva- lent 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. (Aug. 9, 1950, ch. 653, § 9, 64 Stat. 423; Pub. L. 90–578, title IV, § 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, § 321, Dec. 1, 1990, 104 Stat. 5117.) Statutory Notes and Related Subsidiaries 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 Proce- dure. Previously, ‘‘United States magistrates’’ sub- stituted for ‘‘United States commissioners’’ in subsec. (a) pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. 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. Executive Documents TRANSFER OF FUNCTIONS In subsec. (a), ‘‘Department of Commerce’’ sub- stituted 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. § 916h. Cooperation between Federal and State and private agencies and organizations in scientific and other programs (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 orga- nization concerned, may direct the United States Commissioner to arrange for the coopera- tion of agencies of the United States Govern- ment, 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 co- operate 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. (Aug. 9, 1950, ch. 653, § 10, 64 Stat. 424.) § 916i. Taking of whales for biological experi- ments Nothing contained in this subchapter shall prevent the taking of whales and the conducting