US (United States) Code. Title 16. Chapter 44A: Antarctic Marine Living Resources Convention

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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-CITE-

16 USC CHAPTER 44A - ANTARCTIC MARINE LIVING RESOURCES

CONVENTION 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 44A - ANTARCTIC MARINE LIVING RESOURCES CONVENTION

.

-HEAD-

CHAPTER 44A - ANTARCTIC MARINE LIVING RESOURCES CONVENTION

-MISC1-

Sec.

2431. Findings and purpose.

(a) Findings.

(b) Purpose.

2432. Definitions.

2433. Representatives.

(a) Representative to the Commission.

(b) Representative to the Scientific Committee.

(c) Compensation.

2434. Conservation measures; system of observation and inspection.

(a) Conservation measures.

(b) System of observation and inspection.

(c) Communications from the Commission.

2435. Unlawful activities.

2436. Regulations.

2437. Civil penalties.

(a) Assessment of penalties.

(b) Hearings.

(c) Review of civil penalty.

(d) Recovery of civil penalties.

(e) Penalties under other laws.

2438. Criminal offenses.

(a) Offenses.

(b) Punishment.

(c) Offenses under other laws.

2439. Enforcement.

(a) Responsibility.

(b) Powers of authorized officers and employees.

(c) Seizure.

(d) Forfeiture.

(e) Application of customs laws.

2440. Jurisdiction of courts.

2441. Federal agency cooperation.

(a) Responsibilities.

(b) Consultation with other agencies.

(c) Icebreaking.

2442. Relationship to existing treaties and statutes.

(a) In general.

(b) Application of more restrictive provisions.

2443. Authorization of appropriations.

2444. Severability.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 2465 of this title.

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16 USC Sec. 2431 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 44A - ANTARCTIC MARINE LIVING RESOURCES CONVENTION

-HEAD-

Sec. 2431. Findings and purpose

-STATUTE-

(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

The purpose of this chapter is to provide the legislative

authority necessary to implement, with respect to the United

States, the Convention on the Conservation of Antarctic Marine

Living Resources.

-SOURCE-

(Pub. L. 98-623, title III, Sec. 302, Nov. 8, 1984, 98 Stat. 3398.)

-MISC1-

SHORT TITLE

Section 301 of title III of Pub. L. 98-623 provided that: ''This

title (enacting this chapter) may be cited as the 'Antarctic Marine

Living Resources Convention Act of 1984'.''

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16 USC Sec. 2432 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 44A - ANTARCTIC MARINE LIVING RESOURCES CONVENTION

-HEAD-

Sec. 2432. Definitions

-STATUTE-

For purposes of this chapter -

(1) Antarctic Convergence

The term ''Antarctic Convergence'' means a line joining the

following points along the parallels of latitude and meridians of

longitude: 50 degrees south, 0 degrees; 50 degrees south, 30

degrees east; 45 degrees south, 30 degrees east; 45 degrees

south, 80 degrees east; 55 degrees south, 80 degrees east; 55

degrees south, 150 degrees east; 60 degrees south, 150 degrees

east; 60 degrees south; (FOOTNOTE 1) 50 degrees west; 50 degrees

south, 50 degrees west; and 50 degrees south, 0 degrees.

(FOOTNOTE 1) So in original. Probably should be a comma.

(2) Antarctic marine living resources

The term ''Antarctic marine living resources'' means the

population of finfish, molluscs, crustaceans and all other

species of living organisms, including birds, found south of the

Antarctic Convergence.

(3) Commission

The term ''Commission'' means the Commission for the

Conservation of Antarctic Marine Living Resources established

pursuant to article VII of the Convention.

(4) 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.

(5) 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).

(6) Harvest

The term ''harvest'' means to engage in harvesting or other

associated activities.

(7) 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.

(8) Person

The term ''person'' means an individual, partnership,

corporation, trust, association, and any other entity subject to

the jurisdiction of the United States.

(9) Scientific Committee

The term ''Scientific Committee'' means the Scientific

Committee for the Conservation of Antarctic Marine Living

Resources established pursuant to article XIV of the Convention.

(10) 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.

(11) 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.

-SOURCE-

(Pub. L. 98-623, title III, Sec. 303, Nov. 8, 1984, 98 Stat. 3398.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws of the United States, referred to in par. (7),

are classified generally to Title 19, Customs Duties.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2402, 2462 of this title.

-CITE-

16 USC Sec. 2433 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 44A - ANTARCTIC MARINE LIVING RESOURCES CONVENTION

-HEAD-

Sec. 2433. Representatives

-STATUTE-

(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

appoint 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 designate the United States representative to the Scientific

Committee.

(c) Compensation

The United States representatives to the Commission and the

Scientific Committee shall receive no additional compensation by

reason of their services as such representatives.

-SOURCE-

(Pub. L. 98-623, title III, Sec. 304, Nov. 8, 1984, 98 Stat. 3400.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2443 of this title.

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16 USC Sec. 2434 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 44A - ANTARCTIC MARINE LIVING RESOURCES CONVENTION

-HEAD-

Sec. 2434. Conservation measures; system of observation and

inspection

-STATUTE-

(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

The Secretary of State, with the concurrence of the Secretary of

Commerce, the Director of the National Science Foundation and the

Secretary of the department in which the Coast Guard is operating,

is authorized to agree on behalf 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 Government, reports, requests, and

other communications from the Commission and to take appropriate

action on them, either directly or by reference to the appropriate

authority.

-SOURCE-

(Pub. L. 98-623, title III, Sec. 305, Nov. 8, 1984, 98 Stat. 3400.)

-TRANS-

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 relating 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

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2439 of this title.

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16 USC Sec. 2435 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 44A - ANTARCTIC MARINE LIVING RESOURCES CONVENTION

-HEAD-

Sec. 2435. Unlawful activities

-STATUTE-

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) which he

knows, or reasonably should have known, was 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 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 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.

-SOURCE-

(Pub. L. 98-623, title III, Sec. 306, Nov. 8, 1984, 98 Stat. 3401.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2437, 2438, 2439 of this

title.

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16 USC Sec. 2436 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 44A - ANTARCTIC MARINE LIVING RESOURCES CONVENTION

-HEAD-

Sec. 2436. Regulations

-STATUTE-

The Secretary of Commerce, after consultation with the Secretary

of State, the Secretary 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 necessary and appropriate to implement the provisions of this

chapter.

-SOURCE-

(Pub. L. 98-623, title III, Sec. 307, Nov. 8, 1984, 98 Stat. 3401.)

-TRANS-

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 relating 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

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

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16 USC Sec. 2437 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 44A - ANTARCTIC MARINE LIVING RESOURCES CONVENTION

-HEAD-

Sec. 2437. Civil penalties

-STATUTE-

(a) Assessment of penalties

(1) Any person who is found by the Secretary of Commerce, after

notice and opportunity for a hearing in accordance with subsection

(b) of this section, to have committed any act prohibited by

section 2435 of this title shall be liable to the United States for

a civil penalty. The amount of the civil penalty shall not exceed

$5,000 for each violation unless the prohibited act was knowingly

committed, in which case the amount of the civil penalty shall not

exceed $10,000 for each violation. Each day of a continuing

violation shall constitute a separate violation for purposes of

this subsection. The amount of any civil penalty shall be assessed

by the Secretary of Commerce by written notice. In determining the

amount of such penalty, the Secretary of Commerce shall take into

account the nature, circumstances, extent, and gravity of the

prohibited acts committed, and, with respect to the person

committing the violation, the degree of culpability, any history of

prior offenses, ability to pay, and such other matters as justice

may require, to the extent that such information is reasonably

available to the Secretary.

(2) The Secretary of Commerce may compromise, modify, or remit,

with or without conditions, any civil penalty which is subject to

imposition or which has been imposed under this section, until such

time as the matter is referred to the Attorney General under

subsection (c) of this section.

(b) Hearings

Hearings for the assessment of civil penalties under subsection

(a) of this section shall be conducted in accordance with section

554 of title 5. For the purposes of conducting any such hearing,

the Secretary of Commerce may issue subpoenas for the attendance

and testimony of witnesses and the production of relevant papers,

books, and documents, and may administer oaths. Witnesses summoned

shall be paid the same fees and mileage that are paid to witnesses

in the courts of the United States. In case of contumacy or refusal

to obey a subpoena served upon any person pursuant to this

subsection, the district court of the United States for any

district in which such person is found, resides, or transacts

business, upon application by the Attorney General of the United

States and after notice to such person, shall have jurisdiction to

issue an order requiring such person to appear and give testimony

before the Secretary of Commerce or to appear and produce documents

before the Secretary of Commerce, or both, and any failure to obey

such order of the court may be punished by such court as a contempt

thereof.

(c) Review of civil penalty

Any person against whom a civil penalty is assessed under

subsection (a) of this section may obtain review thereof in the

appropriate district court of the United States by filing a notice

of appeal in such court within 30 days from the date of such order

and by simultaneously sending a copy of such notice by certified

mail to the Secretary of Commerce, the Attorney General, and the

appropriate United States Attorney. The Secretary of Commerce shall

promptly refer the matter to the Attorney General of the United

States, who shall file in such court a certified copy of the record

upon which the violation was found or such penalty imposed, as

provided in section 2112 of title 28. The court shall set aside the

findings and order of the Secretary if the findings and order are

found to be unsupported by substantial evidence, as provided in

section 706(2)(E) of title 5.

(d) Recovery of civil penalties

The Attorney General of the United States may seek to recover in

any appropriate district court of the United States (1) any civil

penalty imposed under this section that has become a final and

unappealable order and has been referred to the Attorney General by

the Secretary of Commerce or (2) any final judgment rendered under

this section in favor of the United States by an appropriate Court.

(e) Penalties under other laws

The assessment of a civil penalty under subsection (a) of this

section for any act shall not be deemed to preclude the assessment

of a civil penalty for such act under any other law.

-SOURCE-

(Pub. L. 98-623, title III, Sec. 308, Nov. 8, 1984, 98 Stat. 3401.)

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16 USC Sec. 2438 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 44A - ANTARCTIC MARINE LIVING RESOURCES CONVENTION

-HEAD-

Sec. 2438. Criminal offenses

-STATUTE-

(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.

(b) Punishment

Any offense described in subsection (a) of this section 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) of this section for any act

shall not be deemed to preclude a conviction for such act under any

other law.

-SOURCE-

(Pub. L. 98-623, title III, Sec. 309, Nov. 8, 1984, 98 Stat. 3403.)

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16 USC Sec. 2439 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 44A - ANTARCTIC MARINE LIVING RESOURCES CONVENTION

-HEAD-

Sec. 2439. Enforcement

-STATUTE-

(a) Responsibility

The provisions of this chapter shall be enforced by the Secretary

of Commerce and the Secretary of the department in which the Coast

Guard is operating. Such Secretaries may utilize by agreement, on

a reimbursable basis or otherwise, the personnel, services, and

facilities of any other department or agency of the United States

in the performance of such duties.

(b) Powers of authorized officers and employees

Any officer or employee of the United States who is authorized

(by the Secretary of Commerce, the Secretary of the department in

which the Coast Guard is operating, or the head of any department

or agency of the United States which has entered into an agreement

with either Secretary under subsection (a) of this section) to

enforce the provisions of this chapter and of any regulation

promulgated under this chapter may, in enforcing such provisions -

(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

(FOOTNOTE 1) product thereof) with respect to which such an act

is committed,

(FOOTNOTE 1) So in original. Probably should be ''or''.

(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

Subject to the succeeding provisions of this subsection, any

property or item seized pursuant to subsection (b) of this section

shall be held by any officer or employee of the United States, who

is authorized by the Secretary of Commerce or the Secretary of the

department in which the Coast Guard is operating, pending the

disposition of civil or criminal proceedings concerning the

violation relating to the property or item, or the institution of

an action in rem for the forfeiture of such property or item. Such

authorized officer or employee may, upon the order of a court of

competent jurisdiction, either release such seized property or item

to the wild or destroy such property or item, when the cost of

maintenance of the property or item pending the disposition of the

case is greater than the legitimate market value of the property or

item. Such authorized officer or employee and all officers or

employees acting by or under his or her direction shall be

indemnified from any penalties or actions for damages for so

releasing or destroying such property or item. Such authorized

officer or employee may, in lieu of holding such property or item,

permit the owner or consignee thereof to post a bond or other

satisfactory surety.

(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

All provisions of law relating to the seizure, forfeiture, and

condemnation of property (including vessels) for violation of the

customs laws, the disposition of such property or the proceeds from

the sale thereof, and the remission or mitigation of such

forfeiture, shall apply to the seizures and forfeitures incurred,

or alleged to have been incurred, and the compromise of claims,

under the provisions of this chapter, insofar as such provisions of

law are applicable and not inconsistent with the provisions of this

chapter; except that all powers, rights, and duties conferred or

imposed by the customs laws upon any officer or employee of the

Customs Service may, for the purposes of this chapter, also be

exercised or performed by the Secretary of Commerce or the

Secretary of the department in which the Coast Guard is operating,

or by such officers or employees of the United States as each

Secretary may designate.

-SOURCE-

(Pub. L. 98-623, title III, Sec. 310, Nov. 8, 1984, 98 Stat. 3403.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsec. (e), are classified

generally to Title 19, Customs Duties.

-TRANS-

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 relating 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

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-

16 USC Sec. 2440 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 44A - ANTARCTIC MARINE LIVING RESOURCES CONVENTION

-HEAD-

Sec. 2440. Jurisdiction of courts

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-623, title III, Sec. 311, Nov. 8, 1984, 98 Stat. 3405.)

-CITE-

16 USC Sec. 2441 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 44A - ANTARCTIC MARINE LIVING RESOURCES CONVENTION

-HEAD-

Sec. 2441. Federal agency cooperation

-STATUTE-

(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

In carrying out their functions under this section, the Secretary

of State, the Secretary of Commerce, and the Director of the

National Science Foundation shall consult, as appropriate, with the

Marine Mammal Commission and with other departments and agencies of

the United States.

(c) Icebreaking

The Department of Transportation shall facilitate planning for

the design, procurement, maintenance, deployment, and operation of

icebreakers needed to provide a platform for Antarctic research.

All funds necessary to support icebreaking operations, except for

recurring incremental costs associated with specific projects,

shall be allocated to the United States Coast Guard.

-SOURCE-

(Pub. L. 98-623, title III, Sec. 312, Nov. 8, 1984, 98 Stat. 3405.)

-TRANS-

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 relating 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

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2443 of this title.

-CITE-

16 USC Sec. 2442 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 44A - ANTARCTIC MARINE LIVING RESOURCES CONVENTION

-HEAD-

Sec. 2442. Relationship to existing treaties and statutes

-STATUTE-

(a) In general

Nothing in this chapter (FOOTNOTE 1) shall be construed as

contravening or superseding (1) the provisions of any international

treaty, convention, or agreement, if such treaty, convention or

agreement is in force with respect to the United States on Nov. 8,

1984, or (2) the provisions of any statute which implements any

such treaty, convention, or agreement. Nothing in this chapter

shall be construed as contravening or superseding the provisions of

any statute enacted before Nov. 8, 1984, which may otherwise apply

to Antarctic marine living resources.

(FOOTNOTE 1) See Codification note below.

(b) Application of more restrictive provisions

Nothing in this section shall be construed to prevent the

application of provisions of the Convention, conservation measures

adopted by the Commission pursuant to article IX of the Convention,

or regulations promulgated under this chapter, which are more

restrictive than the provisions of, measures adopted under, or

regulations promulgated under, the treaties or statutes described

in subsection (a) of this section.

-SOURCE-

(Pub. L. 98-623, title III, Sec. 313, Nov. 8, 1984, 98 Stat. 3406.)

-COD-

CODIFICATION

This chapter, the first time it appears in subsec. (a), was in

the original ''this Act'' and was translated as reading ''this

title'', as the probable intent of Congress.

-CITE-

16 USC Sec. 2443 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 44A - ANTARCTIC MARINE LIVING RESOURCES CONVENTION

-HEAD-

Sec. 2443. Authorization of appropriations

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-623, title III, Sec. 314, Nov. 8, 1984, 98 Stat. 3406.)

-CITE-

16 USC Sec. 2444 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 44A - ANTARCTIC MARINE LIVING RESOURCES CONVENTION

-HEAD-

Sec. 2444. Severability

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-623, title III, Sec. 315, Nov. 8, 1984, 98 Stat. 3407.)

-CITE-