16 U.S.C. § 1155 — Authority of Secretary of Commerce

Page 1637 TITLE 16—CONSERVATION § 1155 Pub. L. 103–199, title VI, § 602(2), Dec. 17, 1993, 107 Stat. 2327.) Editorial Notes AMENDMENTS 1993—Pub. L. 103–199 substituted ‘‘Russia’’ for ‘‘the Union of Soviet Socialist Republics’’. 1983—Pub. L. 98–129 amended section generally, sub- stituting provisions enumerating the activities prohib- ited under this chapter, which were previously con- tained in section 1151 of this title, for provisions au- thorizing sealing by Aleuts, Eskimos, and Indians. See section 1153 of this title. § 1153. Sealing permitted by Aleuts, Eskimos, and Indians (a) Indians, Aleuts, and Eskimos who dwell on the coasts of the North Pacific Ocean are per- mitted to take fur seals and dispose of their skins after the skins have been officially marked and certified by a person authorized by the Secretary: Provided, That the seals are taken for subsistence uses as defined in section 1379(f)(2) of this title, and only in canoes not transported by or used in connection with other vessels, and propelled entirely by oars, paddles, or sails, and manned by not more than five per- sons each, in the way hitherto practiced and without the use of firearms. This authority shall not apply to Indians, Aleuts, and Eskimos while they are employed by any person for the purpose of taking fur seals or are under contract to de- liver the skins to any person. (b) Indians, Aleuts, and Eskimos who live on the Pribilof Islands are authorized to take fur seals for subsistence purposes as defined in sec- tion 1379(f)(2) of this title, under such conditions as recommended by the Commission and accept- ed by the Secretary of State pursuant to regula- tions promulgated by the Secretary. (Pub. L. 89–702, title I, § 103, Nov. 2, 1966, 80 Stat. 1091; Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 836.) Editorial Notes AMENDMENTS 1983—Pub. L. 98–129 amended section generally, sub- stituting provisions authorizing sealing by Aleuts, Es- kimos, and Indians, which were previously contained in section 1152 of this title, for provisions authorizing sci- entific research on fur seal resources. See section 1154 of this title. § 1154. Scientific research on fur seal resources; use of fur seals for educational, scientific, or exhibition purposes The Secretary shall (1) conduct such scientific research and investigations on the fur seal re- sources of the North Pacific Ocean as he deems necessary to carry out the obligations of the United States under the Convention, and (2) per- mit, subject to such terms and conditions as he deems desirable, the taking, transportation, im- portation, exportation, or possession of fur seals or their parts for educational, scientific, or exhi- bition purposes. (Pub. L. 89–702, title I, § 104, Nov. 2, 1966, 80 Stat. 1091; Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 836.) Editorial Notes AMENDMENTS 1983—Pub. L. 98–129 amended section generally, sub- stituting provisions authorizing scientific research on fur seal resources, which were previously contained in section 1153 of this title, for provisions delineating the authority of the Secretary of Commerce. See section 1155 of this title. § 1155. Authority of Secretary of Commerce (a) Regulations with respect to taking of fur seals on Pribilof Islands and on lands subject to United States jurisdiction The Secretary shall prescribe such regulations with respect to the taking of fur seals on the Pribilof Islands and on lands subject to the ju- risdiction of the United States as he deems nec- essary and appropriate for the conservation, management, and protection of the fur seal pop- ulation, and to dispose of any fur seals seized or forfeited pursuant to this chapter, and to carry out the provisions of the Convention, and shall deliver to authorized agents of the parties such fur seal skins as the parties are entitled to under the Convention. (b) Agreements with public and private entities The Secretary is authorized to enter into agreements with any public or private agency or person for the purpose of carrying out the provi- sions of the Convention and of this subchapter, including but not limited to the taking of fur seals on the Pribilof Islands, and the curing and marketing of the sealskins and other seal parts, and may retain the proceeds therefrom. (c) Taking of fur seals on Saint Paul and Saint George Islands; preference; separate fund in Treasury The Secretary shall give preference to the vil- lage corporations of Saint Paul and Saint George Islands established pursuant to section 1607 of title 43 for the taking of fur seals on the village corporations’ respective islands, and the curing and marketing of the sealskins and other seal parts, and may retain the proceeds there- from. Any proceeds therefrom will be deposited in a separate fund in the Treasury and will be available to the Secretary, subject to appropria- tions, for the purpose of this section. All seal harvests will be financed, to the extent possible, from proceeds collected in preceding years or unsold assets retained from harvests conducted in preceding years. In the event that such assets and proceeds are insufficient, as determined by the Secretary, to finance the seal harvest in ac- cordance with the requirements of the Conven- tion, there are authorized to be appropriated to the Secretary for fiscal year 1984, and for fiscal year 1985 and beyond if the Convention is ex- tended by protocol signed by the parties and made effective as to the United States, such sums as may be necessary to carry out the har- vest and curing on the Pribilof Islands. Such amounts as are determined by the Secretary to exceed amounts required to carry out this sec- tion shall be transferred to the General Fund of the Treasury. (Pub. L. 89–702, title I, § 105, Nov. 2, 1966, 80 Stat. 1092; Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 836.) Page 1638 TITLE 16—CONSERVATION § 1156 1 So in original. Probably should be ‘‘travel’’. Editorial Notes AMENDMENTS 1983—Pub. L. 98–129 amended section generally, sub- stituting provisions delineating the authority of the Secretary of Commerce, which were previously con- tained in sections 1154 and 1185 of this title, for provi- sions which had set out enforcement steps. See section 1156 of this title. § 1156. Enforcement provisions (a) Search of vessels; certificate of identification; exhibition to master Any person authorized to enforce the provi- sions of this chapter who has reasonable cause to believe that any vessel outfitted for the har- vesting of living marine resources and subject to the jurisdiction of any of the parties to the Con- vention is violating the provisions of article III of the Convention may, except within the areas in which another State exercises fisheries juris- diction, board and search such vessel. Such per- son shall carry a special certificate of identifica- tion issued by the Secretary or Secretary of the department in which the Coast Guard is oper- ating which shall be in English, Japanese, and Russian and which shall be exhibited to the master of the vessel upon request. (b) Seizure; arrest; notice; delivery of vessel or person to authorized officials; custody If, after boarding and searching such vessel, such person continues to have reasonable cause to believe that such vessel, or any person on- board, is violating said article, he may seize such vessel or arrest such person, or both. The Secretary of State shall, as soon as practicable, notify the party having jurisdiction over the vessel or person of such seizure or arrest. The Secretary or the Secretary of the depart- ment in which the Coast Guard is operating, upon request of the Secretary of State, shall de- liver the seized vessel or arrested person, or both, as promptly as practicable to the author- ized officials of said party: Provided, That when- ever said party cannot immediately accept such delivery, the Secretary or the Secretary of the department in which the Coast Guard is oper- ating may, upon the request of the Secretary of State, keep the vessel or person in custody with- in the United States. (c) Testimony of enforcement agents At the request of said party, the Secretary or the Secretary of the department in which the Coast Guard is operating, shall direct the person authorized to enforce the provisions of this chapter to attend the trial as a witness in any case arising under said article or give testimony by deposition, and shall produce such records and files or copies thereof as may be necessary to establish the offense. (Pub. L. 89–702, title I, § 106, Nov. 2, 1966, 80 Stat. 1092; Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 837.) Editorial Notes AMENDMENTS 1983—Pub. L. 98–129 amended section generally, sub- stituting provisions setting out enforcement steps, which were previously contained in section 1155 of this title, for provisions establishing the North Pacific Fur Seal Commission. See section 1157 of this title. Statutory Notes and Related Subsidiaries 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. § 1157. North Pacific Fur Seal Commission; ap- pointment of United States Commissioner, Deputy Commissioner, and Advisors; duties, compensation, and travel expenses The President shall appoint to the Commis- sion a United States Commissioner who shall serve at the pleasure of the President. The President may appoint one Native from each of the two inhabited Pribilof Islands to serve as Advisors to the Commissioner and as liaisons between the Commissioner and the Natives of the Pribilof Islands. The President may also ap- point other interested parties as Advisors to the Commissioner. Such Advisors shall serve at the pleasure of the President. The President may also appoint a Deputy United States Commis- sioner who shall serve at the pleasure of the President. The Deputy Commissioner shall be the principal adviser of the Commissioner, and shall perform the duties of the Commissioner in the case of his death, resignation, absence, or illness. The Commissioner, the Deputy Commis- sioner, and the Advisors shall receive no com- pensation for their services. The Commissioners may be paid traval 1 expenses and per diem in lieu of subsistence at the rates authorized by section 5703 of title 5 when engaged in the per- formance of their duties. (Pub. L. 89–702, title I, § 107, Nov. 2, 1966, 80 Stat. 1093; Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 838.) Editorial Notes CODIFICATION ‘‘Section 5703 of title 5’’ substituted in text for ‘‘sec- tion 5 of the Administrative Expense Act of 1946’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Govern- ment Organization and Employees. AMENDMENTS 1983—Pub. L. 98–129 amended section generally, sub- stituting provisions establishing the North Pacific Fur Seal Commission, which were previously contained in section 1156 of this title, for provisions empowering the Secretaries of State and Commerce to accept or reject recommendations made by the Commission. See sec- tion 1158 of this title. Statutory Notes and Related Subsidiaries ALTERNATE UNITED STATES COMMISSIONERS Secretary of State authorized to designate Alternate United States Commissioners, see sections 2672a and 2672b of Title 22, Foreign Relations and Intercourse.