16 U.S.C. § 1151 — Definitions

Page 1635 TITLE 16—CONSERVATION § 1151 (b) Authorization to accept private contributions and gifts The Secretary of Agriculture or the Secretary of the Interior is authorized to accept private contributions and gifts to be used to further the purposes of this chapter. (Pub. L. 88–577, § 6, Sept. 3, 1964, 78 Stat. 896.) § 1136. Annual reports to Congress At the opening of each session of Congress, the Secretaries of Agriculture and Interior shall jointly report to the President for transmission to Congress on the status of the wilderness sys- tem, including a list and descriptions of the areas in the system, regulations in effect, and other pertinent information, together with any recommendations they may care to make. (Pub. L. 88–577, § 7, Sept. 3, 1964, 78 Stat. 896.) Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of this section relating to transmission to Congress of annual report on status of wilderness system, see sec- tion 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and pages 48, 110, and 149 of House Document No. 103–7. CHAPTER 24—CONSERVATION AND PROTEC- TION OF NORTH PACIFIC FUR SEALS SUBCHAPTER I—FUR SEAL MANAGEMENT Sec. 1151. Definitions. 1152. Prohibitions. 1153. Sealing permitted by Aleuts, Eskimos, and Indians. 1154. Scientific research on fur seal resources; use of fur seals for educational, scientific, or exhibition purposes. 1155. Authority of Secretary of Commerce. 1156. Enforcement provisions. 1157. North Pacific Fur Seal Commission; appoint- ment of United States Commissioner, Dep- uty Commissioner, and Advisors; duties, compensation, and travel expenses. 1158. Acceptance or rejection by Secretaries of State and Commerce of Commission rec- ommendations. 1159. Federal agency consultations with and tech- nical assistance to Secretary of Commerce or Commission; reimbursement for assist- ance. SUBCHAPTER II—ADMINISTRATION OF PRIBILOF ISLANDS 1161. Administration of fur seal rookeries and other Federal real and personal property on Pribilof Islands. 1162. Authority of Secretary to operate, maintain, and repair Government-owned property; necessary facilities, services, and equip- ment for Federal employees and depend- ents. 1163. Responsibility of Alaska to meet educational needs of Pribilof Islands citizens. 1164. Responsibility of Secretary of Health and Human Services to provide medical and dental care to Pribilof Islands natives. 1165. Disposal of Federal property on Pribilof Is- lands. 1166. Financial assistance. 1167. Leases, permits, agreements, and contracts with public or private agencies or persons. Sec. 1168. Civil service retirement benefits. 1169. Regulations. 1169a. Annuities and survivor annuities; recomputa- tion. 1169b. Use of local entities. SUBCHAPTER III—ENFORCEMENT 1171. Seizure and forfeiture of vessels. 1172. Practice and procedure. 1173. Regulations. 1174. Penalties. 1175. Authorization of appropriations. 1181 to 1187. Omitted. SUBCHAPTER I—FUR SEAL MANAGEMENT § 1151. Definitions (a) ‘‘Commission’’ means the North Pacific Fur Seal Commission established pursuant to article V of the Convention. (b) ‘‘Convention’’ means the Interim Conven- tion on the Conservation of North Pacific Fur Seals signed at Washington on February 9, 1957, as amended by the protocol signed in Wash- ington on October 8, 1963; by the exchange of notes among the party governments which be- came effective on September 3, 1969; by the pro- tocol signed in Washington on May 7, 1976; and by the protocol signed in Washington on October 14, 1980, by the parties. (c) ‘‘Cure’’ or ‘‘curing’’ means the performance of those post-harvest activities traditionally performed on the Pribilof Islands, including cooling, washing, removal of blubber, soaking in brine, draining, treating with salt or boric acid, and packing in containers for shipment of fur seal skins. (d) ‘‘Fur Seal’’ means the North Pacific Fur Seal, Callorhinus Ursinus. (e) ‘‘Import’’ means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction con- stitutes an importation within the meaning of the customs laws of the United States. (f) ‘‘Natives of the Pribilof Islands’’ means any Aleuts who are permanent residents of the Pribilof Islands, or any organization or entity representing such natives. (g) ‘‘North Pacific Ocean’’ means the waters of the Pacific Ocean north of the thirtieth parallel of north latitude, including the Bering, Okhotsk, and Japan Seas. (h) ‘‘Party’’ or ‘‘parties’’ means the United States of America, Canada, Japan, and Russia (except that as used in subsection (b) of this sec- tion, ‘‘party’’ and ‘‘parties’’ refer to the Union of Soviet Socialist Republics). (i) ‘‘Person’’ means any individual, partner- ship, corporation, trust, association or any other private entity, or any officer, employee, agent, department, or instrumentality of the Federal Government, of any State or political subdivision thereof, or of any foreign govern- ment. (j) ‘‘Pribilof Islands’’ means the islands of Saint Paul and Saint George, Walrus and Otter Islands, and Sea Lion Rock. (k) ‘‘Sealing’’ means the taking of fur seals. (l) ‘‘Secretary’’ means the Secretary of Com- merce. Page 1636 TITLE 16—CONSERVATION § 1152 (m) ‘‘Take’’ or ‘‘taking’’ means to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill. (Pub. L. 89–702, title I, § 101, Nov. 2, 1966, 80 Stat. 1091; Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 835; Pub. L. 102–251, title III, § 303, Mar. 9, 1992, 106 Stat. 65; Pub. L. 103–199, title VI, § 602(1), Dec. 17, 1993, 107 Stat. 2327.) AMENDMENT OF SECTION Pub. L. 102–251, title III, §§ 303, 308, Mar. 9, 1992, 106 Stat. 65, 66, provided that, effective on the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until the date on which the Agreement enters into force for the United States, this section is amended by redes- ignating subsections (f) to (m) as (g) to (n), re- spectively, and by inserting after subsection (e) the following new subsection: (f) ‘‘Jurisdiction of the United States’’ includes jurisdiction over the areas referred to as eastern special areas in Article 3(1) of the Agreement be- tween the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990; in particular, those areas east of the maritime boundary, as defined in that Agreement, that lie within 200 nautical miles of the baselines from which the breadth of the terri- torial sea of Russia is measured but beyond 200 nau- tical miles of the baselines from which the breadth of the territorial sea of the United States is meas- ured. Editorial Notes AMENDMENTS 1993—Subsec. (h). Pub. L. 103–199 substituted ‘‘Russia (except that as used in subsection (b) of this section, ‘party’ and ‘parties’ refer to the Union of Soviet Social- ist Republics)’’ for ‘‘the Union of Soviet Socialist Re- publics’’. 1983—Pub. L. 98–129 amended section generally, sub- stituting provisions defining terms, previously defined in former sections 1159 and 1186 of this title, for provi- sions enumerating the activities prohibited under this chapter. See section 1152 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–251 effective on date on which Agreement between United States and Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until date on which Agreement enters into force for United States, see section 308 of Pub. L. 102–251, set out as a note under section 773 of this title. SHORT TITLE OF 2016 AMENDMENT Pub. L. 114–328, div. C, title XXXV, § 3531, Dec. 23, 2016, 130 Stat. 2794, provided that: ‘‘This subtitle [subtitle B (§§ 3531–3533) of title XXXV of div. C of Pub. L. 114–328, amending provisions set out as a note under section 1161 of this title] may be cited as the ‘Pribilof Islands Transition Completion Amendments Act of 2016’.’’ Pub. L. 114–120, title V, § 521, Feb. 8, 2016, 130 Stat. 70, as amended by Pub. L. 114–328, div. C, title XXXV, § 3503(c), Dec. 23, 2016, 130 Stat. 2775, provided that: ‘‘This subtitle [subtitle B (§§ 521–524) of title V of Pub. L. 114–120, amending section 1165 of this title and provi- sions set out as a note under section 1161 of this title] may be cited as the ‘Pribilof Island [sic] Transition Completion Act of 2016’.’’ SHORT TITLE OF 2000 AMENDMENTS Pub. L. 106–562, title I, § 101, Dec. 23, 2000, 114 Stat. 2794, provided that: ‘‘This title [enacting section 1169b of this title, amending sections 1161, 1165, and 1166 of this title, repealing section 1165 of this title, enacting provisions set out as notes under this section and sec- tion 1161 of this title, amending provisions set out as a note under section 1165 of this title, and repealing pro- visions set out as a note under section 1165 of this title] may be referred to as the ‘Pribilof Islands Transition Act’.’’ Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(e)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A–244, provided that: ‘‘This subsection [enacting section 1169b of this title, amend- ing sections 1161, 1165, and 1166 of this title, repealing section 1165 of this title, enacting provisions set out as notes under this section and section 1161 of this title, amending provisions set out as a note under section 1165 of this title, and repealing provisions set out as a note under section 1165 of this title] may be referred to as the ‘Pribilof Islands Transition Act’.’’ SHORT TITLE OF 1983 AMENDMENT Pub. L. 98–129, § 1, Oct. 14, 1983, 97 Stat. 835, provided: ‘‘That this Act [amending this chapter generally, sec- tions 8332 and 8334 of Title 5, Government Organization and Employees, and section 5323 of Title 25, Indians] may be cited as the ‘Fur Seal Act Amendments of 1983’.’’ SHORT TITLE Pub. L. 89–702, § 1, as added by Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 144(e)(6)(C)], Dec. 21, 2000, 114 Stat. 2763, 2763A–248, and Pub. L. 106–562, title I, § 106(c), Dec. 23, 2000, 114 Stat. 2799, provided that: ‘‘This Act [generally enacting this chapter, for complete classification, see Tables] may be cited as the ‘Fur Seal Act of 1966’.’’ § 1152. Prohibitions It is unlawful, except as provided in this chap- ter or by regulation of the Secretary, for any person or vessel subject to the jurisdiction of the United States to engage in the taking of fur seals in the North Pacific Ocean or on lands or waters under the jurisdiction of the United States, or to use any port or harbor or other place under the jurisdiction of the United States for any purpose connected in any way with such taking, or for any person to transport, import, offer for sale, or possess at any port or place or on any vessel, subject to the jurisdiction of the United States, fur seals or the parts thereof, in- cluding, but not limited to, raw, dressed, or dyed fur seal skins, taken contrary to the provisions of this chapter or the Convention, or for any person subject to the jurisdiction of the United States to refuse to permit, except within the Ex- clusive Economic Zone of the United States, a duly authorized official of Canada, Japan, or Russia to board and search any vessel which is outfitted for the harvesting of living marine re- sources and which is subject to the jurisdiction of the United States to determine whether such vessel is engaged in sealing contrary to the pro- visions of said Convention. (Pub. L. 89–702, title I, § 102, Nov. 2, 1966, 80 Stat. 1091; Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 836;