1. U.S. Code
  2. title 16
  3. chapter 24
  4. subchapter I
  5. § 1156

Collapse to view only § 1156. Enforcement provisions

§ 1151. Definitions
(a) “Commission” means the North Pacific Fur Seal Commission established pursuant to article V of the Convention.
(b) “Convention” means the Interim Convention on the Conservation of North Pacific Fur Seals signed at Washington on February 9, 1957, as amended by the protocol signed in Washington on October 8, 1963; by the exchange of notes among the party governments which became effective on September 3, 1969; by the protocol signed in Washington on May 7, 1976; and by the protocol signed in Washington on October 14, 1980, by the parties.
(c) “Cure” or “curing” means the performance of those post-harvest activities traditionally performed on the Pribilof Islands, including cooling, washing, removal of blubber, soaking in brine, draining, treating with salt or boric acid, and packing in containers for shipment of fur seal skins.
(d) “Fur Seal” means the North Pacific Fur Seal, Callorhinus Ursinus.
(e) “Import” means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States.
(f) “Natives of the Pribilof Islands” means any Aleuts who are permanent residents of the Pribilof Islands, or any organization or entity representing such natives.
(g) “North Pacific Ocean” means the waters of the Pacific Ocean north of the thirtieth parallel of north latitude, including the Bering, Okhotsk, and Japan Seas.
(h) “Party” or “parties” means the United States of America, Canada, Japan, and Russia (except that as used in subsection (b) of this section, “party” and “parties” refer to the Union of Soviet Socialist Republics).
(i) “Person” means any individual, partnership, corporation, trust, association or any other private entity, or any officer, employee, agent, department, or instrumentality of the Federal Government, of any State or political subdivision thereof, or of any foreign government.
(j) “Pribilof Islands” means the islands of Saint Paul and Saint George, Walrus and Otter Islands, and Sea Lion Rock.
(k) “Sealing” means the taking of fur seals.
(l) “Secretary” means the Secretary of Commerce.
(m) “Take” or “taking” means to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill.
(Pub. L. 89–702, title I, § 101, Nov. 2, 1966, 80 Stat. 1091; Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 835; Pub. L. 102–251, title III, § 303, Mar. 9, 1992, 106 Stat. 65; Pub. L. 103–199, title VI, § 602(1), Dec. 17, 1993, 107 Stat. 2327.)

CITE AS: 16 USC 1151

§ 1152. Prohibitions

It is unlawful, except as provided in this chapter or by regulation of the Secretary, for any person or vessel subject to the jurisdiction of the United States to engage in the taking of fur seals in the North Pacific Ocean or on lands or waters under the jurisdiction of the United States, or to use any port or harbor or other place under the jurisdiction of the United States for any purpose connected in any way with such taking, or for any person to transport, import, offer for sale, or possess at any port or place or on any vessel, subject to the jurisdiction of the United States, fur seals or the parts thereof, including, but not limited to, raw, dressed, or dyed fur seal skins, taken contrary to the provisions of this chapter or the Convention, or for any person subject to the jurisdiction of the United States to refuse to permit, except within the Exclusive Economic Zone of the United States, a duly authorized official of Canada, Japan, or Russia to board and search any vessel which is outfitted for the harvesting of living marine resources and which is subject to the jurisdiction of the United States to determine whether such vessel is engaged in sealing contrary to the provisions of said Convention.

(Pub. L. 89–702, title I, § 102, Nov. 2, 1966, 80 Stat. 1091; Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 836; Pub. L. 103–199, title VI, § 602(2), Dec. 17, 1993, 107 Stat. 2327.)

CITE AS: 16 USC 1152

§ 1153. Sealing permitted by Aleuts, Eskimos, and Indians
(a) Indians, Aleuts, and Eskimos who dwell on the coasts of the North Pacific Ocean are permitted to take fur seals and dispose of their skins after the skins have been officially marked and certified by a person authorized by the Secretary: Provided, That the seals are taken for subsistence uses as defined in section 1379(f)(2) of this title, and only in canoes not transported by or used in connection with other vessels, and propelled entirely by oars, paddles, or sails, and manned by not more than five persons each, in the way hitherto practiced and without the use of firearms. This authority shall not apply to Indians, Aleuts, and Eskimos while they are employed by any person for the purpose of taking fur seals or are under contract to deliver the skins to any person.
(b) Indians, Aleuts, and Eskimos who live on the Pribilof Islands are authorized to take fur seals for subsistence purposes as defined in section 1379(f)(2) of this title, under such conditions as recommended by the Commission and accepted by the Secretary of State pursuant to regulations promulgated by the Secretary.
(Pub. L. 89–702, title I, § 103, Nov. 2, 1966, 80 Stat. 1091; Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 836.)

CITE AS: 16 USC 1153

§ 1154. Scientific research on fur seal resources; use of fur seals for educational, scientific, or exhibition purposes

The Secretary shall (1) conduct such scientific research and investigations on the fur seal resources of the North Pacific Ocean as he deems necessary to carry out the obligations of the United States under the Convention, and (2) permit, subject to such terms and conditions as he deems desirable, the taking, transportation, importation, exportation, or possession of fur seals or their parts for educational, scientific, or exhibition purposes.

(Pub. L. 89–702, title I, § 104, Nov. 2, 1966, 80 Stat. 1091; Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 836.)

CITE AS: 16 USC 1154

§ 1155. Authority of Secretary of Commerce
(a) Regulations with respect to taking of fur seals on Pribilof Islands and on lands subject to United States jurisdiction
(b) Agreements with public and private entities
(c) Taking of fur seals on Saint Paul and Saint George Islands; preference; separate fund in Treasury
(Pub. L. 89–702, title I, § 105, Nov. 2, 1966, 80 Stat. 1092; Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 836.)

CITE AS: 16 USC 1155

§ 1156. Enforcement provisions
(a) Search of vessels; certificate of identification; exhibition to master
(b) Seizure; arrest; notice; delivery of vessel or person to authorized officials; custody
(c) Testimony of enforcement agents
(Pub. L. 89–702, title I, § 106, Nov. 2, 1966, 80 Stat. 1092; Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 837.)

CITE AS: 16 USC 1156

§ 1157. North Pacific Fur Seal Commission; appointment of United States Commissioner, Deputy Commissioner, and Advisors; duties, compensation, and travel expenses

The President shall appoint to the Commission a United States Commissioner who shall serve at the pleasure of the President. The President may appoint one Native from each of the two inhabited Pribilof Islands to serve as Advisors to the Commissioner and as liaisons between the Commissioner and the Natives of the Pribilof Islands. The President may also appoint other interested parties as Advisors to the Commissioner. Such Advisors shall serve at the pleasure of the President. The President may also appoint a Deputy United States Commissioner who shall serve at the pleasure of the President. The Deputy Commissioner shall be the principal adviser of the Commissioner, and shall perform the duties of the Commissioner in the case of his death, resignation, absence, or illness. The Commissioner, the Deputy Commissioner, and the Advisors shall receive no compensation for their services. The Commissioners may be paid traval 

(Pub. L. 89–702, title I, § 107, Nov. 2, 1966, 80 Stat. 1093; Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 838.)

CITE AS: 16 USC 1157

§ 1158. Acceptance or rejection by Secretaries of State and Commerce of Commission recommendations

The Secretary of State, with the concurrence of the Secretary, is authorized to accept or reject, on behalf of the United States, recommendations made by the Commission pursuant to article V of the Convention.

(Pub. L. 89–702, title I, § 108, Nov. 2, 1966, 80 Stat. 1093; Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 838.)

CITE AS: 16 USC 1158

§ 1159. Federal agency consultations with and technical assistance to Secretary of Commerce or Commission; reimbursement for assistance

The head of any Federal agency is authorized to consult with and provide technical assistance to the Secretary or the Commission whenever such assistance is needed and reasonably can be furnished in carrying out the provisions of this subchapter. Any Federal agency furnishing assistance hereunder may expend its own funds for such purposes, with or without reimbursement.

(Pub. L. 89–702, title I, § 109, Nov. 2, 1966, 80 Stat. 1093; Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 838.)

CITE AS: 16 USC 1159