
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
