16 U.S.C. § 916d — Licenses

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. 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-