16 U.S.C. § 916 — Definitions

Page 1545 TITLE 16—CONSERVATION § 916 held invalid, neither the remainder of section 839b of this title or any other provisions of this chapter, nor the application of such provisions to other persons, States, Indian tribes, entities, or circumstances, shall be affected thereby. (Pub. L. 96–501, § 12, Dec. 5, 1980, 94 Stat. 2736.) CHAPTER 13—REGULATION OF TRANSPOR- TATION IN INTERSTATE OR FOREIGN COMMERCE OF BLACK BASS AND OTHER FISH §§ 851 to 856. Repealed. Pub. L. 97–79, § 9(b)(1), Nov. 16, 1981, 95 Stat. 1079 Section 851, acts May 20, 1926 ch 346, § 1, 44 Stat. 576; July 2, 1930, ch. 801, 46 Stat. 845; July 30, 1947, ch. 348, 61 Stat. 517; July 16, 1952, ch. 911, § 1, 66 Stat. 736; Dec. 5, 1969, Pub. L. 91–135, § 9(d), 83 Stat. 282, defined the terms ‘‘person’’ and ‘‘State’’. See section 3371 of this title. Section 852, acts May 20, 1926, ch. 346, § 2, 44 Stat. 576; July 2, 1930, ch. 801, 46 Stat. 845; July 30, 1947, ch. 348, 61 Stat. 517; July 16, 1952, ch. 911, § 2, 66 Stat. 736; Dec. 5, 1969, Pub. L. 91–135, § 9(a), 83 Stat. 281, made illegal the transportation of illegally taken black bass or other fish. See section 3372 of this title. Section 852a, act May 20, 1926, ch. 346, § 3, as added July 2, 1930, ch. 801, 46 Stat. 846; amended July 30, 1947, ch. 348, 61 Stat. 517; July 16, 1952, ch. 911, § 2, 66 Stat. 736; Dec. 5, 1969, Pub. L. 91–135, § 9(b), 83 Stat. 282, provided for the markings on the outside of packages and con- tainers used in the transportation of fish. See section 3376(a) of this title. Section 852b, act May 20, 1926, ch. 346, § 4, as added July 2, 1930, ch. 801, 46 Stat. 846; amended July 30, 1947, ch. 348, 61 Stat. 517; July 16, 1952, ch. 911, § 2, 66 Stat. 736, related to the application of State laws with regard to fish arriving in the State. See section 3378(a) of this title. Section 852c, act May 20, 1926, ch. 346, § 5, as added July 2, 1930, ch. 801, 46 Stat. 846; amended 1939 Reorg. Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 30, 1947, ch. 348, 61 Stat. 517; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, au- thorized the making of expenditures by the Secretary in carrying out the responsibilities under this chapter. See section 3378(d) and (e) of this title. Section 852d, act May 20, 1926, ch. 346, § 6, as added July 2, 1930, ch. 801, 46 Stat. 846; amended 1939 Reorg. Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 30, 1947, ch. 348, 61 Stat 517; Oct. 17, 1968, Pub. L. 90–578, title IV, § 402(b)(2), 82 Stat. 1118; Dec. 5, 1969, Pub. L. 91–135, § 9(c), 83 Stat. 282; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, related to the power of arrest without warrant, utilization of Fed- eral agencies, searches and seizures, and forfeitures. See sections 3374 and 3375 of this title. Section 853, act May 20, 1926, ch. 346, § 7, as added July 2, 1930, ch. 801, 46 Stat. 847; amended July 30, 1947, ch. 348, 61 Stat. 517, set out the penalties for the violation of the provisions of this chapter. See section 3373 of this title. Section 854, act May 20, 1926, ch. 346, § 8, as added July 2, 1930, ch. 801, 46 Stat. 847; amended July 30, 1947, ch. 348, 61 Stat. 517; July 16, 1952, ch. 911, § 2, 66 Stat. 736, related to the effect of this chapter on the power of States. See section 3378(a) of this title. Section 855, act May 20, 1926, ch. 346, § 9, as added July 2, 1930, ch. 801, 46 Stat. 847; amended July 30, 1947, ch. 348, 61 Stat. 517; Aug. 25, 1959, Pub. L. 86–207, 73 Stat. 430, related to the effect of this chapter on breeding and stocking. See section 3377(c) of this title. Section 856, act May 20, 1926, ch. 346, § 10, as added July 30, 1947, ch. 348, 61 Stat. 517; amended July 16, 1952, ch. 911, § 2, 66 Stat. 736, directed that this chapter not apply to steelhead trout (salmo gairderii) legally taken in the Columbia River between the States of Wash- ington and Oregon. CHAPTER 14—REGULATION OF WHALING SUBCHAPTER I—WHALING TREATY ACT Sec. 901 to 915. Repealed. SUBCHAPTER II—WHALING CONVENTION ACT 916. Definitions. 916a. United States Commissioner. 916b. Acceptance or rejection by United States Government of regulations, etc.; acceptance of reports, recommendations, etc., of Com- mission. 916c. Unlawful acts. 916d. Licenses. 916e. Failure to keep returns, records, reports. 916f. Violations; fines and penalties. 916g. Enforcement. 916h. Cooperation between Federal and State and private agencies and organizations in sci- entific and other programs. 916i. Taking of whales for biological experiments. 916j. Allocation of responsibility for administra- tion and enforcement. 916k. Regulations; submission; publication; effec- tiveness. 916l. Authorization of appropriations. SUBCHAPTER I—WHALING TREATY ACT §§ 901 to 915. Repealed. Aug. 9, 1950, ch. 653, § 16, 64 Stat. 425 Sections, act May 1, 1936, ch. 251, §§ 1–15, 49 Stat. 1246–1249, related to hunting of whales. See sections 916 to 916l of this title. SUBCHAPTER II—WHALING CONVENTION ACT § 916. Definitions When used in this subchapter— (a) Convention: The word ‘‘convention’’ means the International Convention for the Regulation of Whaling signed at Washington under date of December 2, 1946, by the United States of Amer- ica and certain other governments. (b) Commission: The word ‘‘Commission’’ means the International Whaling Commission established by article III of the convention. (c) United States Commissioner: The words ‘‘United States Commissioner’’ mean the mem- ber of the International Whaling Commission representing the United States of America ap- pointed pursuant to article III of the convention and section 916a of this title. (d) Person: The word ‘‘person’’ denotes every individual, partnership, corporation, and asso- ciation subject to the jurisdiction of the United States. (e) Vessel: The word ‘‘vessel’’ denotes every kind, type, or description of water craft or con- trivance subject to the jurisdiction of the United States used, or capable of being used, as a means of transportation. (f) Factory ship: The words ‘‘factory ship’’ mean a vessel in which or on which whales are treated or processed, whether wholly or in part. (g) Land station: The words ‘‘land station’’ mean a factory on the land at which whales are treated or processed, whether wholly or in part. (h) Whale catcher: The words ‘‘whale catcher’’ mean a vessel used for the purpose of hunting, killing, taking, towing, holding onto, or scout- ing for whales. 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