16 U.S.C. § 2435 — Unlawful activities

Page 2188 TITLE 16—CONSERVATION § 2433 § 2433. Representatives (a) Representative to the Commission The Secretary of State, with the concurrence of the Secretary of Commerce and the Director of the National Science Foundation, shall ap- point an officer or employee of the United States as the United States representative to the Commission. (b) Representative to the Scientific Committee The Secretary of Commerce and the Director of the National Science Foundation, with the concurrence of the Secretary of State, shall des- ignate the United States representative to the Scientific Committee. (c) Compensation The United States representatives to the Com- mission and the Scientific Committee shall re- ceive no additional compensation by reason of their services as such representatives. (Pub. L. 98–623, title III, § 304, Nov. 8, 1984, 98 Stat. 3400.) § 2434. Conservation measures; system of obser- vation and inspection (a) Conservation measures (1) The Secretary of State, with the concur- rence of the Secretary of Commerce and the Di- rector 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 meas- ure adopted by the Commission pursuant to article IX of the Convention, and (B) to notify the Commission of any such de- cision in accordance with article IX of the Convention. (2) The Secretary of State shall— (A) publish in the Federal Register, if prac- ticable, timely notice of each proposed deci- sion 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 The Secretary of State, with the concurrence of the Secretary of Commerce, the Director of the National Science Foundation and the Sec- retary of the department in which the Coast Guard is operating, is authorized to agree on be- half of the United States to the establishment of a system of observation and inspection, and to interim arrangements pending establishment of such a system, pursuant to article XXIV of the Convention. (c) Communications from the Commission The Secretary of State is further authorized to receive, on behalf of the United States Govern- ment, reports, requests, and other communica- tions from the Commission and to take appro- priate action on them, either directly or by ref- erence to the appropriate authority. (Pub. L. 98–623, title III, § 305, Nov. 8, 1984, 98 Stat. 3400.) 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 Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 2435. Unlawful activities It is unlawful for any person— (1) to engage in harvesting or other associ- ated activities in violation of the provisions of the Convention or in violation of a conserva- tion 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, pur- chase, 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 chap- ter, without regard to the citizenship of the person that harvested, or vessel that was used in the harvesting of, the Antarctic marine liv- ing 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, investiga- tion, or inspection in connection with the en- forcement of the Convention, this chapter, or any regulations promulgated under this chap- ter; (5) to assault, resist, oppose, impede, intimi- date, or interfere with any authorized officer or employee of the United States in the con- duct of any search, investigation, or inspec- tion 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 deten- tion of another person, knowing that such other person has committed any act prohib- ited 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.) Editorial Notes AMENDMENTS 2015—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’’. § 2436. Regulations (a) In general The Secretary of Commerce, after consulta- tion with the Secretary of State, the Secretary