16 U.S.C. § 2435

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 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.

16 U.S.C. § 2435

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.

EDITORIAL NOTES

AMENDMENTS2015-Par. (3). Pub. L. 114-81, §106(1)(A), struck out "which he knows, or reasonably should have known, was" before "harvested in violation". Pars. (4), (5). Pub. L. 114-81, §106(1)(B), (C), inserted ",investigation," after "search".

Convention: The term "Convention" means the Convention on the Conservation of Antarctic Marine Living Resources, done at Canberra, Australia, May 7, 1980, and entered into force with respect to the United States on April 7, 1982.
import: The term "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 constitutes an importation within the meaning of the customs laws of the United States.
person: The term "person" means an individual, partnership, corporation, trust, association, and any other entity subject to the jurisdiction of the United States.
vessel of the United States: The 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.
vessel subject to the jurisdiction of the United States: The term "vessel subject to the jurisdiction of the United States" includes a vessel without nationality or a vessel assimilated to a vessel without nationality, in accordance with paragraph (2) of Article 6 of the 1958 Convention on the High Seas.1So in original. Probably should be a comma.
harvesting or other associated activities: The 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).
harvesting: The 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).