U.S. Code » Title 16 » Chapter CHAPTER 14— REGULATION OF WHALING › Subchapter SUBCHAPTER II— WHALING CONVENTION ACT

16 U.S.C. § 916c

Unlawful acts

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(a) Whaling, transporting, or selling violations; records; reports

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 subchapter, or of any regulation of the Secretary of Commerce; (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 subchapter, or of any regulation of the Secretary of Commerce; (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 Commerce, or to refuse to permit any officer authorized to enforce the convention, the regulations of the Commission, this subchapter, and the regulations of the Secretary of Commerce, to inspect such record or report at any reasonable time.

(b) Acts of commission or omission

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 subchapter, or by any regulation adopted by the Commission, or by any regulation of the Secretary of Commerce.

(Aug. 9, 1950, ch. 653, § 5, 64 Stat. 422; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)Statutory Notes and Related SubsidiariesEmergency Assistance for Subsistence Whale Hunters

Pub. L. 107–372, title IV, § 403, Dec. 19, 2002, 116 Stat. 3102, provided that: “Notwithstanding any provision of law, the use of a vessel to tow a whale taken in a traditional subsistence whale hunt permitted by Federal law and conducted in waters off the coast of Alaska is authorized, if such towing is performed upon a request for emergency assistance made by a subsistence whale hunting organization formally recognized by an agency of the United States Government, or made by a member of such an organization, to prevent the loss of a whale.”

Executive DocumentsTransfer 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.

Notes of Decisions
Cited in 7 cases, 1997–2013 · leading case: Inst. of Cetacean Rsch. v. Sea Shepherd Conservation Soc'y, 725 F.3d 940 (9th Cir. 2013).
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Inst. of Cetacean Rsch. v. Sea Shepherd Conservation Soc'y, 725 F.3d 940 (9th Cir. 2013). · cites it 2× “§ 1372 ; 16 U.S.C. § 916c. Cetacean’s activities are covered by such a permit and thus are consistent with congressional policy as to the marine ecosystem.”
Strahan v. Linnon, 967 F. Supp. 581 (D. Mass. 1997). “” 16 U.S.C. § 916c(a)(l) (1988 & Supp. V). “Whaling” is defined as “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.”
Anderson v. Evans, 371 F.3d 475 (9th Cir. 2002). “16 U.S.C. § 916c. The WCA does not mention quotas or aboriginal subsistence whaling, much less the Tribe’s whaling, and therefore is of no assistance to defendants.”
Anderson v. Evans, 314 F.3d 1006 (9th Cir. 2002). “The Whaling Convention Act (WCA), 16 U.S.”
Inst. of Cetacean Rsch. v. Sea Shepherd Conservation Soc'y, 708 F.3d 1099 (9th Cir. 2013). “§ 1372 ; 16 U.S.C. § 916c. Cetacean’s activities are covered by such a permit and thus are consistent with congressional policy as to the marine ecosystem.”
Anderson v. Evans, 350 F.3d 815 (9th Cir. 2002). “Fourth, § 1372(a)(2) does not apply in this case by way of a statute implementing an international treaty because there is no domestic statute implementing the ICRW that expressly permits the Tribe’s whaling. The Whaling Convention Act (WCA), 16 U.”
Inst. of Cetacean Rsch. v. Sea Shepherd Conservation Soci (9th Cir. 2013). “Our laws also reflect a strong public interest in safe navigation on the high seas.”
— 16 U.S.C. § 916c(a)(l) — 1 case
Strahan v. Linnon, 967 F. Supp. 581 (D. Mass. 1997). “” 16 U.S.C. § 916c(a)(l) (1988 & Supp. V). “Whaling” is defined as “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.”
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