rate of GS-18 of the General Schedule when engaged in the actual performance of duties for the United States Section or for the Commission.

(b) Panel Members and Alternate Panel Members who are not State or Federal employees shall receive compensation at the daily rate of GS-16 of the General Schedule when engaged in the actual performance of duties for the United States Section or for the Commission.

(c) Travel and other necessary expenses shall be paid for all United States Commissioners, Alternate Commissioners, Panel Members, Alternate Panel Members, members of the Joint Technical Committee, and members of the Advisory Committee when engaged in the actual performance of duties for the United States Section or for the Commission.

(d) Except for officials of the United States Government, such individuals shall not be considered to be Federal employees while engaged in the actual performance of duties for the United States Section or for the Commission, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5, United States Code, and chapter 71 of title 28, United States Code,

SEC. 12.11 AUTHORIZATION OF APPROPRIATIONS

There are authorized to be appropriated from time to time such sums as may be necessary for carrying out the purposes and provisions of the Treaty and this title including—

(a) necessary travel expenses of the Commissioners, Panel members, alternate Commissioners, alternate Panel members, United States members of joint technical committees established under article IV of the Treaty, and advisory committee members in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code;

(b) the United States share of the joint expenses of the Commission. Provided, That the United States Commissioners and Panel members and alternates shall not, with respect to commitments concerning the United States share of the joint expenses of the Organization, be subject to section 262b of title 22, United States Code, insofar as it limits the authority of United States representatives to international organizations with respect to such commitments;

(c) amounts for research, enhancement, and other activities necessary to carry out the purposes of the Treaty and this title; and

(d) such amounts as may be due to settle accounts upon termination of the International Pacific Salmon Fisheries Commission.

SEC. 13.12 REPEALER.

The Sockeye Salmon or Pink Salmon Fishing Act of July 29, 1947 (16 U.S.C. 776-776f), as amended by the Act of July 11, 1957, sec

tions 1-3, is repealed, effective December 31, 1985. The Secretary of State shall dispose of any United States property held by the International Pacific Salmon Fisheries Commission on the date of its termination in a manner which would further the purposes of this title.

SEC. 14.13 SAVINGS.

This title shall not be interpreted or applied so as to affect or modify rights established in existing Indian treaties and other existing Federal laws, including the Order entered in Confederated Tribes and Bands of the Yakima Indian Nation v. Baldrige, Civil No. 80-342 (WD WASH.). This section shall not be interpreted or applied so as to affect or modify any rights or obligations of the United States pursuant to the Treaty.

SEC. 15.14 RESTRICTION ON SPENDING AUTHORITY.

New spending authority or authority to enter into contracts provided in this Act shall be effective only to such extent, or in such amounts, as are provided in advance in appropriation Acts.

13 16 U.S.C. 3643. 14 16 U.S.C. 3644.

11. Antarctic Marine Living Resources Convention Act of 1984 1

Title III of Public Law 98-623 [H.R. 6342], 98 Stat. 3394 at 3398, approved

November 8, 1984

AN ACT To approve governing international fishery agreements with Iceland and the EEC; to establish national standards for artificial reefs; to implement the Convention on the Conservation of Antarctic Marine Living Resources; and for other purposes.

Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled,

TITLE III-ANTARCTIC MARINE LIVING RESOURCES
CONVENTION

SEC. 301.2 SHORT TITLE.

This title may be cited as the "Antarctic Marine Living Resources Convention Act of 1984".

SEC. 302.3 FINDINGS AND PURPOSE.

(a) FINDINGS.-The Congress finds that

(1) the Convention of 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 interest in developing and maintaining a fleet of ice-breaking vessels capable of operating effectively in the heavy ice regions of Antarctica.

1 See also legislation relating to Antarctica and environment, beginning at page 488. 2 16 U.S.C. 2431 note.

3 16 U.S.C 2431.

SEC. 305.6 CONSERVATION MEASURE; SYSTEM OF OBSERVATION AND INSPECTION.

(a) CONSERVATION MEASURES.-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 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.

SEC. 306.7 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 title; (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 title, 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

616 U.S.C. 2434.

716 U.S.C. 2435.

9 SCIENTIFIC COMMITTEE-The term "Scientific Committee” means the Scientific Committee for the Conservation of Antarctic Marine Living Resources established pursuant to article IV of the Convention.

CO VESSEL OF THE UNITED STATES-The term "vessel of the United States" means

A a vessel documented under chapter 121 of title 46, United States Code, or a vessel numbered as provided in chapter 123 of that title:

Ba 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.

SEC. 304.5 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 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.

$ 16 U.S.C. 2433.