SEPARABILITY SEC. 13. If any provision of this Act or the application of such provision to any circumstances or persons shall be held invalid, the validity of the remainder of the Act and the applicability of such provision to other circumstances or persons shall not be affected thereby. EFFECTIVE DATE SEC. 14. This Act shall take effect with respect to each of the conventions upon the entry into force of that convention, unless such entry into force shall be prior to the date of approval of this Act in which case this Act shall take effect immediately. NOTE Section 6 of the Act of October 15, 1962 (76 Stat. 923), provided that: "Nothing in this Act [sections 2, 6, 7, 8, and 10 of the Act of September 7, 1950 (64 Stat. 780), as amended] shall be construed to amend or repeal the provisions of section 4311 of the Revised Statutes, as amended (46 U.S.C. 251)." 10. WHALING CONVENTION ACT OF 1949 Act of August 9, 1950 (64 Stat. 421; 16 U.S.C. 916–9161) SHORT TITLE SECTION 1. This Act may be cited as the "Whaling Convention Act of 1949". Sec. 2. Definitions. TABLE OF CONTENTS Sec. 3. United States Commissioner and Deputy Commissioner; appointment, tenure. Sec. 4. Acceptance or rejection by United States Government of regulations. Sec. 5. Unlawful Acts. Sec. 6. Licenses-Issuance. Sec. 7. Failure to keep returns, records, reports. Sec. 8. Violations; fines and penalties. Sec. 9. Enforcement; arrests; search and seizure of vessels; disposal of property. Sec. 10. Cooperation between Federal, State, and private agencies in scientific programs. Sec. 11. Taking of whales for biological experiments. Sec. 12. Administration of enforcement provisions. Sec. 13. Regulations. Sec. 14. Appropriation authorization. Sec. 15. Separability. Sec. 16. Repeals. DEFINITIONS SEC. 2. When used in this Act (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 America 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 member of the International Whaling Commission representing the United States of America appointed pursuant to article III of the convention and section 916a of this title. (d) Person: The word "person" denotes every individual, partnership, corporation, and association subject to the jurisdiction of the United States. (e) Vessel: The word "vessel" denotes every kind, type, or description of water craft or contrivance 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 scouting for whales. (i) Whale products: The words "whale products" mean any unprocessed part of a whale and blubber, meat, bones, whale oil, sperm oil, spermaceti, 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. (1) Regulations of the Secretary of the Interior: The words "regulations of the Secretary of the Interior" mean such regulations as may be issued by the Secretary of the Interior, from time to time, in accordance with sections 11 and 12 of this Act. (Aug. 9, 1950, c. 653, § 2, 64 Stat. 421.) UNITED STATES COMMISSIONER AND DEPUTY COMMISSIONER; APPOINTMENT, TENURE SEC. 3. (a) The United States Commissioner shall be appointed by the President, on the concurrent recommendations of the Secretary of State and the Secretary of the Interior, and shall serve at the pleasure of the President. (b) The President may appoint a Deputy United States Commissioner, on the concurrent recommendations of the Secretary of State and the Secretary of the Interior. The Deputy United States Commissioner shall serve at the pleasure of the President and shall be the principal technical adviser to the United States Commissioner, and shall be empowered to perform the duties of the Commissioner in case of the death, resignation, absence, or illness of the Commissioner. (c) The United States Commissioner and Deputy Commissioner, although officers of the United States Government, shall receive no compensation for their services. (Aug. 9, 1950, c. 653, § 3, 64 Stat. 421.) ACCEPTANCE OR REJECTION BY UNITED STATES GOVERNMENT OF REGULATIONS SEC. 4. The Secretary of State is authorized, with the concurrence of the Secretary of the Interior, to present or withdraw any objections on behalf of the United States Government to such regulations or amendments of the schedule to the convention 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 Government 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, c. 653, § 4, 64 Stat. 422.) UNLAWFUL ACTS SEC. 5. (a) It shall be unlawful for any person subject to the jurisdiction of the United States (1) to engage in whaling in violation of the convention or of any regulation of the Commission, or of this Act, or of any regulation of the Secretary of the Interior; (2) to ship, transport, purchase, 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 Act, or of any regulation of the Secretary of the Interior; (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 the Interior, or to refuse to permit any officer authorized to enforce the convention, the regulations of the Commission, this Act, and the regulations of the Secretary of the Interior, to inspect such record or report at any reasonable time. (b) 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 Act, or by any regulation adopted by the Commission, or by any regulation of the Secretary of the Interior. (Aug. 9, 1950, c. 653, § 5, 64 Stat. 422.) LICENSES-ISSUANCE SEC. 6. (a) 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 the Interior or such officer of the Department of the Interior 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. LICENSES AND FEES REQUIRED (b) 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 whale, $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. DISPOSITION OF FEES (c) 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. APPLICATION; CONDITIONS PRECEDENT (d) Any person, in making application for a license to operate a whale catcher, must furnish evidence or affidavit satisfactory to the Secretary of the Interior 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 the Interior; (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. SAME; ADDITIONAL CONDITIONS (e) 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 the Interior 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 the Interior with respect to the processing of whales or the manufacture of whale products. (Aug. 9, 1950, c. 653, § 6, 64 Stat. 422.) HISTORICAL NOTE Refund of License Fees Paid Under Former Sections 901-915 of Title 16, U.S. Code.-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 said title that is in excess of the license fee required under this section. FAILURE TO KEEP RETURNS, RECORDS, REPORTS SEC. 7. Any person who fails to make, keep, or furnish any catch return, statistical record, or any report that may be required by the convention, or by any regulation of the Commission, or by this Act, or by a regulation of the Secretary of the Interior, 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 addition be prohibited from whaling, processing, or possessing whales and whale products from the date of conviction until such time as any delinquent return, record, or report shall have been submitted or any false return, record, or report shall have been replaced by a duly certified correct and true return, record, or report to the satisfaction of the court. The penalties imposed by section 8 of this Act shall not be invoked for failure to comply with require |