16 U.S.C. § 916a — United States Commissioner

Page 1546 TITLE 16—CONSERVATION § 916a (i) Whale products: The words ‘‘whale prod- ucts’’ mean any unprocessed part of a whale and blubber, meat, bones, whale oil, sperm oil, sper- maceti, meal, and baleen. (j) Whaling: The word ‘‘whaling’’ means the scouting for, hunting, killing, taking, towing, holding onto, and flensing of whales, and the possession, treatment, or processing of whales or of whale products. (k) Regulations of the Commission: The words ‘‘regulations of the Commission’’ mean the whaling regulations in the schedule annexed to and constituting a part of the convention in their original form or as modified, revised, or amended by the Commission from time to time, in pursuance of article V of the convention. (l) Regulations of the Secretary of Commerce: The words ‘‘regulations of the Secretary of Com- merce’’ mean such regulations as may be issued by the Secretary of Commerce, from time to time, in accordance with sections 916i and 916j of this title. (Aug. 9, 1950, ch. 653, § 2, 64 Stat. 421; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.) Statutory Notes and Related Subsidiaries SHORT TITLE Act Aug. 9, 1950, ch. 653, § 1, 64 Stat. 421, provided: ‘‘That this Act [enacting this subchapter] may be cited as the ‘Whaling Convention Act of 1949’.’’ SEPARABILITY Act Aug. 9, 1950, ch. 653, § 15, 64 Stat. 425, provided that: ‘‘If any provision of this Act [this subchapter] or the application of such provisions to any circumstances or persons shall be held invalid, the validity of the re- mainder of the Act and the applicability of such provi- sion to other circumstances or persons shall not be af- fected thereby.’’ WILDLIFE SANCTUARY FOR HUMPBACK WHALES IN WEST INDIES Pub. L. 99–630, Nov. 7, 1986, 100 Stat. 3514, provided: ‘‘That the President shall, in concert with the Inter- national Whaling Commission, seek a treaty or other appropriate international agreement establishing a wildlife sanctuary for humpback whales in the West In- dies, in the area encompassing the Turks Islands, Mouchoir Passage, Silver Bank Passage, Navidad Bank, and such additional areas in the West Indies as may be necessary to ensure the protection of the breeding grounds of the humpback whales.’’ MORATORIUM ON COMMERCIAL KILLING OF WHALES Pub. L. 96–60, title IV, § 405, Aug. 15, 1979, 93 Stat. 403, provided that: ‘‘(a) The Congress finds and declares that— ‘‘(1) whales are a unique marine resource of great esthetic and scientific interest to mankind and are a vital part of the marine ecosystem; ‘‘(2) the protection and conservation of whales are of particular interest to citizens of the United States; ‘‘(3) in 1971 the Congress adopted resolutions re- questing the Secretary of State to negotiate a ten- year moratorium on the commercial killing of whales; ‘‘(4) the United States, which effectively banned all commercial whaling by United States nationals in December 1971, has sought an international morato- rium on the commercial killing of whales since 1972; ‘‘(5) the United Nations Conference on the Human Environment adopted a resolution in 1972 calling for a ten-year moratorium on commercial whaling; ‘‘(6) the United Nations Governing Council for Envi- ronment Programs in 1973 and 1974 confirmed such call for a ten-year moratorium, and the Council con- tinues to support ongoing efforts relating to whale conservation; ‘‘(7) the International Convention for the Regula- tion of Whaling, signed in 1946, as implemented by the International Whaling Commission, is not pro- viding adequate protection to whales; ‘‘(8) the data-gathering structure established under the International Whaling Commission has not pro- vided all the available data necessary for sound whale conservation; ‘‘(9) there is strong evidence that the members of the International Whaling Commission continue to import, in some instances in increasing amounts, whale products from countries not members of the Commission; and ‘‘(10) defects in the implementation of the Inter- national Convention for the Regulation of Whaling by the International Whaling Commission allow har- vests of the declining whale species. ‘‘(b) The Congress urges— ‘‘(1) the International Whaling Commission to agree to a moratorium on the commercial killing of whales; and ‘‘(2) Brazil, Denmark, Iceland, Japan, Norway, the Soviet Union, and the Republic of Korea, as parties to the International Convention for the Regulation of Whaling and which still engage in commercial whal- ing, and Chile, the People’s Republic of China, Peru, Portugal, the Democratic Republic of Korea, Spain, and Taiwan, as countries which are not parties to the Convention and which still engage in commercial whaling, to recognize and comply voluntarily with a moratorium on the commercial killing of whales, as endorsed by the United Nations Conference on the Human Environment and the United Nations Gov- erning Council for Environment Programs.’’ Executive Documents TRANSFER OF FUNCTIONS In subsec. (l), ‘‘Secretary of Commerce’’ substituted for ‘‘Secretary of the Interior’’ in view of: creation of National Oceanic and Atmospheric Administration in Department of Commerce and Office of Administrator of such Administration; abolition of Bureau of Com- mercial Fisheries in Department of the Interior and Of- fice of Director of such Bureau; transfers of functions, including functions formerly vested by law in Sec- retary of the Interior or Department of the Interior which were administered through Bureau of Commer- cial Fisheries or were primarily related to such Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research, Missouri River Res- ervoir research, Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigations; and transfer of marine sport fish program of Bureau of Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees. § 916a. United States Commissioner (a) Appointment The United States Commissioner shall be ap- pointed by the President, on the concurrent rec- ommendations of the Secretary of State and the Secretary of Commerce, and shall serve at the pleasure of the President. (b) Deputy Commissioner The President may appoint a Deputy United States Commissioner, on the concurrent rec- ommendations of the Secretary of State and the Secretary of Commerce. The Deputy United States Commissioner shall serve at the pleasure Page 1547 TITLE 16—CONSERVATION § 916d of the President and shall be the principal tech- nical adviser to the United States Commis- sioner, and shall be empowered to perform the duties of the Commissioner in case of the death, resignation, absence, or illness of the Commis- sioner. (c) Compensation The United States Commissioner and Deputy Commissioner, although officers of the United States Government, shall receive no compensa- tion for their services. (Aug. 9, 1950, ch. 653, § 3, 64 Stat. 421; 1970 Reorg. Plan. No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.) 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. 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. § 916b. Acceptance or rejection by United States Government of regulations, etc.; acceptance of reports, recommendations, etc., of Com- mission The Secretary of State is authorized, with the concurrence of the Secretary of Commerce, to present or withdraw any objections on behalf of the United States Government to such regula- tions or amendments of the schedule to the con- vention as are adopted by the Commission and submitted to the United States Government in accordance with article V of the convention. The Secretary of State is further authorized to receive on behalf of the United States Govern- ment reports, requests, recommendations, and other communications of the Commission, and to act thereon either directly or by reference to the appropriate authority. (Aug. 9, 1950, ch. 653, § 4, 64 Stat. 422; 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. § 916c. Unlawful acts (a) Whaling, transporting, or selling violations; records; reports It shall be unlawful for any person subject to the jurisdiction of the United States (1) to en- gage in whaling in violation of the convention or of any regulation of the Commission, or of this subchapter, or of any regulation of the Sec- retary of Commerce; (2) to ship, transport, pur- chase, sell, offer for sale, import, export, or have in possession any whale or whale products taken or processed in violation of the convention, or of any regulation of the Commission, or of this subchapter, or of any regulation of the Sec- retary of Commerce; (3) to fail to make, keep, submit, or furnish any record or report required of him by the convention, or by any regulation of the Commission, or by any regulation of the Secretary of Commerce, or to refuse to permit any officer authorized to enforce the conven- tion, the regulations of the Commission, this subchapter, and the regulations of the Secretary of Commerce, to inspect such record or report at any reasonable time. (b) Acts of commission or omission It shall be unlawful for any person or vessel subject to the jurisdiction of the United States to do any act prohibited or to fail to do any act required by the convention, or by this sub- chapter, or by any regulation adopted by the Commission, or by any regulation of the Sec- retary of Commerce. (Aug. 9, 1950, ch. 653, § 5, 64 Stat. 422; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.) Statutory Notes and Related Subsidiaries EMERGENCY ASSISTANCE FOR SUBSISTENCE WHALE HUNTERS Pub. L. 107–372, title IV, § 403, Dec. 19, 2002, 116 Stat. 3102, provided that: ‘‘Notwithstanding any provision of law, the use of a vessel to tow a whale taken in a tradi- tional subsistence whale hunt permitted by Federal law and conducted in waters off the coast of Alaska is au- thorized, if such towing is performed upon a request for emergency assistance made by a subsistence whale hunting organization formally recognized by an agency of the United States Government, or made by a mem- ber of such an organization, to prevent the loss of a whale.’’ 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. § 916d. Licenses (a) Issuance No person shall engage in whaling without first having obtained an appropriate license or scientific permit. Such licenses shall be issued by the Secretary of Commerce or such officer of the Department of Commerce as may be des- ignated by him: Provided, That the Secretary, in his discretion and by appropriate regulation, may waive the payment of any license fee or the requirement that a license first be obtained, in connection with the salvage of any ‘‘Dauhval’’ or unclaimed dead whale found floating or stranded. (b) Licenses and fees required The following licenses and fees shall be re- quired for each calendar year or any fraction thereof and shall be nontransferable except under such conditions as may be prescribed by the Secretary: (1) Land-station license for primary proc- essing of whales, $250.