Collapse to view only § 2433. Representatives
- § 2431. Findings and purpose
- § 2432. Definitions
- § 2433. Representatives
- § 2434. Conservation measures; system of observation and inspection
- § 2435. Unlawful activities
- § 2436. Regulations
- § 2437. Civil penalties
- § 2438. Criminal offenses
- § 2439. Enforcement
- § 2440. Jurisdiction of courts
- § 2441. Federal agency cooperation
- § 2442. Relationship to existing treaties and statutes
- § 2443. Authorization of appropriations
- § 2444. Severability
§ 2431. Findings and purpose
(a) Findings
The Congress finds that—
(1) the Convention on the Conservation of Antarctic Marine Living Resources establishes international mechanisms and creates legal obligations necessary for the protection and conservation of Antarctic marine living resources;
(2) the Convention incorporates an innovative ecosystem approach to the management of Antarctic marine living resources, including standards designed to ensure the health of the individual populations and species and to maintain the health of the Antarctic marine ecosystem as a whole;
(3) the Convention serves important United States environmental and resource management interests;
(4) the Convention represents an important contribution to United States long term legal and political objectives of maintenance of Antarctica as an area of peaceful international cooperation;
(5) United States basic and directed research programs concerning the marine living resources of the Antarctic are essential to achieve the United States goal of effective implementation of the objectives of the Convention; and
(6) the United States has important security, economic, and environmental interests in developing and maintaining a fleet of icebreaking vessels capable of operating effectively in the heavy ice regions of Antarctica.
(b) Purpose
(Pub. L. 98–623, title III, § 302, Nov. 8, 1984, 98 Stat. 3398.)
§ 2432. DefinitionsFor purposes of this chapter—
(1) Antarctic Convergence
(2) Antarctic marine living resources
(3) Commission
(4) Convention
(5) Harvesting or other associated activitiesThe terms “harvesting” and “harvesting or other associated activities” mean—
(A) the harassing, molesting, harming, pursuing, hunting, shooting, wounding, killing, trapping, or capturing of Antarctic marine living resources;
(B) attempting to engage in any activity set forth in subparagraph (A);
(C) any other activity which can reasonably be expected to result in any activity described in subparagraph (A); and
(D) any operations at sea in support of, or in preparation for, any activity described in subparagraphs (A) through (C).
(6) Harvest
(7) Import
(8) Person
(9) Scientific Committee
(10) Vessel of the United StatesThe term “vessel of the United States” means—
(A) a vessel documented under chapter 121 of title 46 or a vessel numbered as provided in chapter 123 of that title;
(B) a vessel owned in whole or in part by—
(i) the United States or a territory, commonwealth, or possession of the United States;
(ii) a State or political subdivision thereof;
(iii) a citizen or national of the United States; or
(iv) a corporation created under the laws of the United States or any State, the District of Columbia, or any territory, commonwealth, or possession of the United States;
unless the vessel has been granted the nationality of a foreign nation in accordance with Article 5 of the 1958 Convention on the High Seas; and
(C) a vessel that was once documented under the laws of the United States and, in violation of the laws of the United States, was either sold to a person not a citizen of the United States or placed under foreign registry or a foreign flag, whether or not the vessel has been granted the nationality of a foreign nation in accordance with Article 5 of the 1958 Convention on the High Seas.
(11) Vessel subject to the jurisdiction of the United States
(Pub. L. 98–623, title III, § 303, Nov. 8, 1984, 98 Stat. 3398.)
§ 2433. Representatives
(a) Representative to the Commission
(b) Representative to the Scientific Committee
(c) Compensation
(Pub. L. 98–623, title III, § 304, Nov. 8, 1984, 98 Stat. 3400.)
§ 2434. Conservation measures; system of observation and inspection
(a) Conservation measures
(1) The Secretary of State, with the concurrence of the Secretary of Commerce and the Director of the National Science Foundation, is authorized—
(A) to decide on behalf of the United States whether the United States is unable to accept or can no longer accept a conservation measure adopted by the Commission pursuant to article IX of the Convention, and
(B) to notify the Commission of any such decision in accordance with article IX of the Convention.
(2) The Secretary of State shall—
(A) publish in the Federal Register, if practicable, timely notice of each proposed decision under paragraph (1) and invite written public comment regarding it; and
(B) publish in the Federal Register notice of each notification made to the Commission under paragraph (1).
(b) System of observation and inspection
(c) Communications from the Commission
(Pub. L. 98–623, title III, § 305, Nov. 8, 1984, 98 Stat. 3400.)
§ 2435. Unlawful activities
It is unlawful for any person—
(1) to engage in harvesting or other associated activities in violation of the provisions of the Convention or in violation of a conservation measure in force with respect to the United States pursuant to article IX of the Convention;
(2) to violate any regulation promulgated under this chapter;
(3) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control or possession of, any Antarctic marine living resource (or part or product thereof) harvested in violation of a conservation measure in force with respect to the United States pursuant to article IX of the Convention or in violation of any regulation promulgated under this chapter, without regard to the citizenship of the person that harvested, or vessel that was used in the harvesting of, the Antarctic marine living resource (or part or product thereof);
(4) to refuse to permit any authorized officer or employee of the United States to board a vessel of the United States or a vessel subject to the jurisdiction of the United States for purposes of conducting any search, investigation, or inspection in connection with the enforcement of the Convention, this chapter, or any regulations promulgated under this chapter;
(5) to assault, resist, oppose, impede, intimidate, or interfere with any authorized officer or employee of the United States in the conduct of any search, investigation, or inspection described in paragraph (4);
(6) to resist a lawful arrest or detention for any act prohibited by this section; or
(7) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detention of another person, knowing that such other person has committed any act prohibited by this section.
(Pub. L. 98–623, title III, § 306, Nov. 8, 1984, 98 Stat. 3401; Pub. L. 114–81, title I, § 106(1), Nov. 5, 2015, 129 Stat. 657.)
§ 2436. Regulations
(a) In general
(b) Regulations to implement conservation measures
(1) In general
Notwithstanding subsections (b), (c), and (d) of section 553 of title 5, the Secretary of Commerce may publish in the Federal Register a final regulation to implement any conservation measure for which the Secretary of State notifies the Commission under section 2434(a)(1) of this title—
(A) that has been in effect for 12 months or less;
(B) that is adopted by the Commission; and
(C) with respect to which the Secretary of State,1
1 So in original. The comma probably should not appear.
does not notify Commission 22 So in original. Probably should be preceded by “the”.
in accordance with section 2434(a)(1) of this title within the time period allotted for objections under Article IX of the Convention.(2) Entering into force
(Pub. L. 98–623, title III, § 307, Nov. 8, 1984, 98 Stat. 3401; Pub. L. 114–81, title I, § 106(2), Nov. 5, 2015, 129 Stat. 658.)
§ 2437. Civil penalties
(a) In general
(b) Hearings
(c) Review of civil penalty
(d) Recovery of civil penalties
(e) Penalties under other laws
(Pub. L. 98–623, title III, § 308, Nov. 8, 1984, 98 Stat. 3401; Pub. L. 114–81, title I, § 101(a)(2), Nov. 5, 2015, 129 Stat. 653.)
§ 2438. Criminal offenses
(a) Offenses
(b) Punishment
(c) Offenses under other laws
(Pub. L. 98–623, title III, § 309, Nov. 8, 1984, 98 Stat. 3403.)
§ 2439. Enforcement
(a) Responsibility
(b) Powers of authorized officers and employees
(1) secure, execute, and serve any order, warrant, subpoena, or other process, which is issued under the authority of the United States;
(2) search without warrant any person, place, vehicle or aircraft subject to the jurisdiction of the United States where there are reasonable grounds to believe that a person has committed or is attempting to commit an act prohibited by section 2435 of this title;
(3) with or without a warrant board and search or inspect any vessel of the United States or vessel subject to the jurisdiction of the United States;
(4) seize without warrant—
(A) any evidentiary item where there are reasonable grounds to believe that a person has committed or is attempting to commit an act prohibited by section 2435 of this title,
(B) any Antarctic marine living resources (or part of 1
1 So in original. Probably should be “or”.
product thereof) with respect to which such an act is committed,(C) any vessel of the United States (including its gear, furniture, appurtenances, stores, and cargo), any vessel subject to the jurisdiction of the United States (including its gear, furniture, appurtenances, stores, and cargo), and any vehicle, aircraft, or other means of transportation subject to the jurisdiction of the United States used in connection with such an act, and
(D) any guns, traps, nets, or equipment used in connection with such an act;
(5) offer and pay rewards for services or information which may lead to the apprehension of persons violating such provisions;
(6) make inquiries, and administer to, or take from, any person an oath, affirmation, or affidavit, concerning any matter which is related to the enforcement of such provisions;
(7) in coordination with the Secretary of the Treasury, detain for inspection and inspect any package, crate, or other container, including its contents, and all accompanying documents, upon importation into, or exportation from, the United States;
(8) make an arrest with or without a warrant with respect to any act prohibited by paragraph (4), (5), (6), or (7) of section 2435 of this title if such officer or employee has reasonable grounds to believe that the person to be arrested is committing such act in his or her presence or view or has committed such act;
(9) exercise enforcement powers conferred on such officer or employee under a system of observation and inspection, or interim arrangements pending the establishment of such a system, which the Secretary of State has agreed to on behalf of the United States pursuant to section 2434(b) of this title; and
(10) exercise any other authority which such officer or employee is permitted by law to exercise.
(c) Seizure
(d) Forfeiture
(1) Any Antarctic marine living resource (or part or product thereof) with respect to which an act prohibited by section 2435 of this title is committed, any vessel of the United States (including its gear, furniture, appurtenances, stoves, and cargo), vessel subject to the jurisdiction of the United States (including its gear, furniture, appurtenances, stoves, and cargo), or vessel, vehicle, or aircraft or other means of transportation subject to the jurisdiction of the United States, which is used in connection with an act prohibited by section 2435 of this title, and all guns, traps, nets, and other equipment used in connection with such act, shall be subject to forfeiture to the United States.
(2) Upon the forfeiture to the United States of any property or item described in paragraph (1), or upon the abandonment or waiver of any claim to any such property or item, it shall be disposed of by the Secretary of Commerce, or the Secretary of the department in which the Coast Guard is operating, as the case may be, in such a manner, consistent with the purposes of this chapter, as may be prescribed by regulation.
(e) Application of customs laws
(Pub. L. 98–623, title III, § 310, Nov. 8, 1984, 98 Stat. 3403.)
§ 2440. Jurisdiction of courts
The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this chapter or of any regulation promulgated under this chapter.
(Pub. L. 98–623, title III, § 311, Nov. 8, 1984, 98 Stat. 3405.)
§ 2441. Federal agency cooperation
(a) Responsibilities
(1) For the purpose of carrying out the policies and objectives of the Convention or to implement any decision of the Commission—
(A) the Director of the National Science Foundation, in consultation with the Secretary of State and the heads of other appropriate departments and agencies of the United States, shall continue to support basic research investigations of the Antarctic marine ecosystem as a part of the United States Antarctic Program;
(B) the Secretary of Commerce, in consultation with the Director of the National Science Foundation, the Secretary of State and the heads of other appropriate Federal agencies, shall design and conduct the program of directed scientific research as set forth in paragraph 2 supplemental to and coordinated with the United States Antarctic Program; and
(C) the Secretary of Commerce and the Director of the National Science Foundation, in consultation with the Secretary of State, may furnish facilities and personnel to the Commission in order to assist the Commission in carrying out its functions.
(2)
(A) The Secretary of Commerce, in consultation with the Secretary of State, the Director of the National Science Foundation, and other appropriate Federal officials, shall prepare a plan, which shall be updated annually, for conducting the directed research program required under paragraph (1)(B) for each period of three consecutive fiscal years occurring during the period beginning on October 1, 1985, and ending on September 30, 1991. The plan shall—
(i) describe priority directed research needs for the implementation of the Convention;
(ii) identify which of those needs are to be fulfilled by the United States; and
(iii) specify the design of the research referred to in paragraph (1)(B) and the funds, personnel, and facilities required for the research, including, in particular, the need for the cost of enhanced ship capacity.
(B) In preparing the plan referred to in subparagraph (A), the Secretary of Commerce shall take into account, in addition to any other matters the Secretary considers appropriate, the possibilities of securing productive results, the minimization of duplication, and the methods for monitoring and evaluating a project.
(C) The Secretary of Commerce shall submit to the Congress each year the plan required under subparagraph (A). That part of the plan covering fiscal years 1986 through 1988 shall be submitted not later than October 1, 1985. That part of the plan covering each 3-fiscal-year period thereafter shall be submitted not later than the February 1 occurring before the beginning of the first fiscal year covered by that part of the plan.
(b) Consultation with other agencies
(c) Icebreaking
(Pub. L. 98–623, title III, § 312, Nov. 8, 1984, 98 Stat. 3405; Pub. L. 109–241, title IX, § 902(h)(2), July 11, 2006, 120 Stat. 567.)
§ 2442. Relationship to existing treaties and statutes
(a) In general
(b) Application of more restrictive provisions
(Pub. L. 98–623, title III, § 313, Nov. 8, 1984, 98 Stat. 3406.)
§ 2443. Authorization of appropriations
There are authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary for carrying out the provisions of this chapter, including, but not limited to—
(1) necessary travel expenses of the United States representatives referred to in section 2433 of this title, alternate United States representatives, and authorized advisers and experts, in accordance with sections 5701 through 5708, 5731, and 5733 of title 5 and the regulations issued under those sections;
(2) the United States contribution to the budget of the Commission as provided in article XIX of the Convention; and
(3) the directed research program and the furnishing of facilities and personnel to the Commission referred to in section 2441 of this title.
(Pub. L. 98–623, title III, § 314, Nov. 8, 1984, 98 Stat. 3406.)
§ 2444. Severability
If any provision of this chapter or the application of this chapter to any person or circumstance is held invalid, neither the remainder of this chapter nor the application of that provision to other persons or circumstances shall be affected thereby.
(Pub. L. 98–623, title III, § 315, Nov. 8, 1984, 98 Stat. 3407.)