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

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 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