ANTARCTIC MARINE LIVING RESOURCES CONVENTION ACT OF 1984 [Title III of Public Law 98–623, Approved Nov. 8, 1984, 98 Stat. 3398] [Amended through Public Law 98-623, Nov. 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 House of Representatives of the United States of America in Congress assembled, SEC. 301. [16 U.S.C. 2431 note] SHORT TITLE. This title may be cited as the "Antarctic Marine Living Resources Convention Act of 1984". SEC. 302. [16 U.S.C. 2431] FINDINGS AND PURPOSE. (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 title 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. SEC. 303. [16 U.S.C. 2432] DEFINITIONS. For purposes of this title (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, O 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; 1 50 degrees west; 50 degrees south, 50 degrees west; and 50 degrees south, 0 degrees. (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. 1 So in original. Probably should be a comma. (10) 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; (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. SEC. 304. [16 U.S.C. 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 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. SEC. 305. [16 U.S.C. 2434] CONSERVATION MEASURES; SYSTEM OF OBSERVATION AND INSPECTION. (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 |