§ 916d. — Licenses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC916d]
TITLE 16--CONSERVATION
CHAPTER 14--REGULATION OF WHALING
SUBCHAPTER II--WHALING CONVENTION ACT
Sec. 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 designated 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 required 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 processing of whales, $250.
(2) Land-station license for secondary processing of parts of
whales delivered to it by a land station licensed as a primary
processor, $100.
(3) Factory-ship license for primary processing 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 whaling 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 license to operate a whale
catcher, must furnish evidence or affidavit satisfactory to the
Secretary of Commerce that, in addition to conforming to other
applicable laws and regulations, (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 Commerce; (2) gunners and crews will
be compensated on some basis that does not depend primarily on the
number of whales taken; and (3) no bonus or other partial remuneration
with relation to the number of whales taken shall be paid to gunners and
crews in respect of the taking of any whales, the taking of which is
prohibited.
(e) Additional conditions
Any person, in making application for a license to operate a land
station or a factory ship must furnish evidence or affidavits to the
satisfaction 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 provisions of the
convention, of the regulations of the Commission, and of the regulations
of the Secretary of Commerce with respect to the processing of whales or
the manufacture of whale products.
(Aug. 9, 1950, ch. 653, Sec. 6, 64 Stat. 422; 1970 Reorg. Plan No. 4,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
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.
Refund of License Fees Paid Under Subchapter I of This Chapter
Section 16 of act Aug. 9, 1950, provided in part that the Secretary
of the Interior is authorized to refund any part of a license fee paid
under former section 908 of this title that is in excess of the license
fee required under this section.
