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16 U.S.C. § 2438 — Criminal offenses

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2438 — Criminal offenses

**(a) Offenses** A person is guilty of an offense if that person commits any act prohibited by paragraph (4), (5), (6), or (7) of [section 2435 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2435&num=0&edition=prelim). **(b) Punishment** Any offense described in subsection (a) is punishable by a fine of $50,000, or imprisonment for not more than ten years, or both. **(c) Offenses under other laws** A conviction under subsection (a) for any act shall not be deemed to preclude a conviction for such act under any other law.

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Source location: Title 16, Chapter 44A, § 2438; chapter-44a-antarctic-marine-living-resources-convention.md

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 2438 — Criminal offenses

Page 2189 TITLE 16—CONSERVATION § 2438 1 So in original. The comma probably should not appear. 2 So in original. Probably should be preceded by ‘‘the’’. of the department in which the Coast Guard is operating, and the heads of other appropriate departments or agencies of the United States, shall promulgate such regulations as are nec- essary and appropriate to implement the provi- sions of this chapter. (b) Regulations to implement conservation meas- ures (1) In general Notwithstanding subsections (b), (c), and (d) of section 553 of title 5, the Secretary of Com- merce may publish in the Federal Register a final regulation to implement any conserva- tion 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 does not notify Commission 2 in ac- cordance with section 2434(a)(1) of this title within the time period allotted for objec- tions under Article IX of the Convention. (2) Entering into force Upon publication of such regulation in the Federal Register, such conservation measure shall enter into force with respect to the United States. (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.) Editorial Notes AMENDMENTS 2015—Pub. L. 114–81 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Dep

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