16 U.S.C. § 2435: Unlawful activities

Summary

It's illegal for anyone to take, handle, trade, import, export, or have Antarctic marine life if those actions break the Antarctic Convention, U.S. conservation measures under Article IX, or rules made under this law. That rule applies no matter who did the harvesting or what vessel was used. Authorized U.S. officers may board U.S. vessels or vessels under U.S. jurisdiction to search, inspect, or investigate these matters. You must let them do those checks and you cannot refuse, attack, resist, block, intimidate, or otherwise interfere with them, or try to stop or hide someone being arrested for breaking these rules.

Title 16, §2435

Conservation, Source: USLM XML via OLRC

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.

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”.

§2435 Unlawful Activities

Summary

Title 16, §2435

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata