16 U.S.C. § 916e — Failure to keep returns, records, reports

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-