-CITE-

16 USC CHAPTER 16C - SOUTH PACIFIC TUNA FISHING 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16C - SOUTH PACIFIC TUNA FISHING

.

-HEAD-

CHAPTER 16C - SOUTH PACIFIC TUNA FISHING

-MISC1-

Sec.

973. Definitions.

973a. Application to other laws.

973b. Regulations.

973c. Prohibited acts.

973d. Exceptions.

973e. Criminal offenses.

(a) Prohibited acts.

(b) Sentence and fine.

(c) Jurisdiction.

973f. Civil penalties.

(a) Determination of liability; amount; participation

by Secretary of State in assessment proceeding.

(b) Judicial review of assessment; procedures

applicable.

(c) Failure to pay assessment of civil penalty;

recovery by Attorney General.

(d) In rem liability for civil penalty; jurisdiction;

maritime lien on vessel.

(e) Compromise, etc., of civil penalty.

(f) Conduct of hearings.

(g) Waiver of referral to Attorney General.

973g. Licenses.

(a) Issuance; establishment of procedures;

designation of agent for service of legal

process in license application; reception and

response to process.

(b) Forwarding and transmittal of vessel license

application.

(c) Fees and fee schedules.

(d) Period of validity.

(e) Allocation system.

(f) Minimum fees required to be received in initial

year of implementation for forwarding and

transmittal of license applications.

(g) Grounds for denial of forwarding of license

application.

(h) Grandfathering of vessels documented before

November 3, 1995.

973h. Enforcement.

(a) Federal responsibilities; utilization of

personnel, etc., of other Federal and State

agencies.

(b) Investigation and report of alleged Treaty

infringement involving U.S. vessel; notice

requirements to operator of vessel; comments,

information, or evidence by operator.

(c) Notice requirements to Pacific Island Party

concerning institution and outcome of legal

proceedings.

(d) Searches and seizures by Authorized Officers;

limitations on powers.

(e) Exclusive jurisdiction.

973i. Findings by Secretary.

(a) Order of vessel to leave waters upon failure to

submit to jurisdiction of Pacific Island Party;

procedure applicable.

(b) Order of vessel to leave waters where Pacific

Island Party investigating alleged Treaty

infringement.

(c) Rescission of orders.

(d) Prohibition on judicial review of orders.

(e) Enforcement of orders by Attorney General.

973j. Reporting requirements; disclosure of information.

973k. Closed Area stowage requirements.

973l. Observers.

(a) Required access and assistance; scope of

authorities.

(b) Free provision of food, etc., while on vessel.

(c) Removal of fish samples and gathering of other

information relating to fisheries.

973m. Technical assistance.

973n. Arbitration.

973o. Disposition of fees, penalties, forfeitures, and other

moneys.

973p. Additional agreements.

973q. Secretary of State to act for United States.

973r. Authorization of appropriations.

-CITE-

16 USC Sec. 973 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 16C - SOUTH PACIFIC TUNA FISHING

-HEAD-

Sec. 973. Definitions

-STATUTE-

As used in this chapter -

(1) The term ''Administrator'' means the individual or

organization designated by the Pacific Island Parties to act on

their behalf under the Treaty and notified to the United States

Government.

(2) The term ''Authorized Officer'' means any officer who is

authorized by the Secretary, or the Secretary of the department

in which the Coast Guard is operating, or the head of any Federal

or State agency which has entered into an enforcement agreement

with the Secretary under section 973h(a) of this title.

(3) The term ''Authorized Party Officer'' means any officer

authorized by a Pacific Island Party to enforce the provisions of

the Treaty.

(4) The term ''applicable national law'' means any provision of

law of a Pacific Island Party which is described in paragraph

1(a) of Annex I of the Treaty.

(5) The term ''Closed Area'' means any of the closed areas

identified in Schedule 2 of Annex I of the Treaty.

(6) The term ''fishing'' means -

(A) searching for, catching, taking, or harvesting fish;

(B) attempting to search for, catch, take, or harvest fish;

(C) engaging in any other activity which can reasonably be

expected to result in the locating, catching, taking, or

harvesting of fish;

(D) placing, searching for, or recovering fish aggregating

devices or associated electronic equipment such as radio

beacons;

(E) any operations at sea directly in support of, or in

preparation for, any activity described in this paragraph; or

(F) aircraft use, relating to the activities described in

this paragraph except for flights in emergencies involving the

health or safety of crew members or the safety of a vessel.

(7) The term ''fishing vessel'' or ''vessel'' means any boat,

ship, or other craft which is used for, equipped to be used for,

or of a type normally used for commercial fishing, and which is

documented under the laws of the United States.

(8) The term ''Licensing Area'' means all waters in the Treaty

Area except for -

(A) those waters subject to the jurisdiction of the United

States in accordance with international law;

(B) those waters within Closed Areas; and

(C) those waters within Limited Areas closed to fishing.

(9) The term ''licensing period'' means the period of validity

of licenses issued in accordance with the Treaty.

(10) The term ''Limited Area'' means any area so identified in

Schedule 3 of Annex I of the Treaty.

(11) The term ''operator'' means any person who is in charge

of, directs or controls a vessel, including the owner, charterer,

and master.

(12) The term ''Pacific Island Party'' means a Pacific Island

nation which is a party to the Treaty.

(13) The term ''Party'' means a nation which is a party to the

Treaty.

(14) The term ''person'' means any individual (whether or not a

citizen or national of the United States), any corporation,

partnership, association, or other entity (whether or not

organized or existing under the laws of any State), and any

Federal, State, local, or foreign government or any entity of any

such government.

(15) The term ''Secretary'' means the Secretary of Commerce, or

the designee of the Secretary of Commerce.

(16) The term ''State'' means each of the several States, the

District of Columbia, the Commonwealths of Puerto Rico and the

Northern Mariana Islands, American Samoa, the Virgin Islands,

Guam, and any other Commonwealth, territory, or possession of the

United States.

(17) The term ''Treaty'' means the Treaty on Fisheries Between

the Governments of Certain Pacific Island States and the

Government of the United States of America, signed in Port

Moresby, Papua New Guinea, April 2, 1987, and its Annexes,

Schedules, and implementing agreements.

(18) The term ''Treaty Area'' means the area so described in

paragraph 1(k) of Article 1 of the Treaty.

-SOURCE-

(Pub. L. 100-330, Sec. 2, June 7, 1988, 102 Stat. 591.)

-MISC1-

EFFECTIVE DATE

Section 21 of Pub. L. 100-330 provided that:

''(a) Except as provided in subsection (b) of this section, this

Act (enacting this chapter) shall be effective on the date on which

the Treaty enters into force for the United States. (The Treaty

entered into force for the United States June 15, 1988.)

''(b)(1) The authority to promulgate regulations pursuant to this

Act shall be effective on the date of enactment of this Act (June

7, 1988).

''(2) Any regulation promulgated pursuant to this Act shall not

be effective before the date on which the Treaty enters into force

for the United States.''

SHORT TITLE

Section 1 of Pub. L. 100-330 provided: ''That this Act (enacting

this chapter) may be cited as the 'South Pacific Tuna Act of

1988'.''

-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.

-CITE-

16 USC Sec. 973a 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 16C - SOUTH PACIFIC TUNA FISHING

-HEAD-

Sec. 973a. Application to other laws

-STATUTE-

The seizure by a Pacific Island Party of a vessel of the United

States shall not be determined to be a seizure described in section

1825(a)(4)(C) of this title or section 1972 of title 22 if the

seizure is found by the Secretary of State to be in accordance with

the provisions of the Treaty.

-SOURCE-

(Pub. L. 100-330, Sec. 3, June 7, 1988, 102 Stat. 592; Pub. L.

104-208, div. A, title I, Sec. 101(a) (title II, Sec. 211(b)),

Sept. 30, 1996, 110 Stat. 3009, 3009-41.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-208 made technical amendment to reference in

original act which appears in text as reference to section

1825(a)(4)(C) of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) (title II, Sec. 211(b)) of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

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-HEAD-

Sec. 973b. Regulations

-STATUTE-

The Secretary of Commerce, with the concurrence of the Secretary

of State and after consultation with the Secretary of the

department in which the Coast Guard is operating, shall issue

regulations as may be necessary to carry out the purposes and

objectives of the Treaty and this chapter. These regulations shall

be made applicable as necessary to all persons and vessels subject

to the jurisdiction of the United States, wherever located.

-SOURCE-

(Pub. L. 100-330, Sec. 4, June 7, 1988, 102 Stat. 592.)

-MISC1-

EFFECTIVE DATE

Authority to promulgate regulations effective on June 7, 1988,

with any such regulation not to be effective before date on which

Treaty enters into force for the United States, see section 21 of

Pub. L. 100-330, set out as an Effective Date note under section

973 of this title.

-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.

-CITE-

16 USC Sec. 973c 01/06/03

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TITLE 16 - CONSERVATION

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-HEAD-

Sec. 973c. Prohibited acts

-STATUTE-

(a) Except as provided in section 973d of this title, it is

unlawful for any person subject to the jurisdiction of the United

States -

(1) to violate any provision of this chapter or any regulation

or order issued pursuant to this chapter;

(2) to use a vessel for fishing in violation of an applicable

national law;

(3) who has entered into a fishing arrangement under paragraph

3 of Article 3 of the Treaty, to violate the terms and conditions

of such fishing arrangement if the Secretary of State has decided

under section 973p of this title that Article 4 and paragraph 6

of Article 5 of the Treaty shall apply to the arrangement;

(4) to use a vessel for fishing in any Limited Area in

violation of any requirement in Schedule 3 of Annex I of the

Treaty;

(5) to use a vessel for fishing in any Closed Area;

(6) to falsify any information required to be reported,

notified, communicated, or recorded pursuant to a requirement of

this chapter, or to fail to submit any required information, or

to fail to report to the Secretary immediately any change in

circumstances which has the effect of rendering any such

information false, incomplete, or misleading;

(7) to intentionally destroy evidence which could be used to

determine if a violation of this chapter or the Treaty has

occurred;

(8) to refuse to permit any Authorized Officer or Authorized

Party Officer to board a fishing vessel for purposes of

conducting a search or inspection in connection with the

enforcement of this chapter or the Treaty;

(9) to refuse to comply with the instructions of an Authorized

Officer or Authorized Party Officer relating to fishing

activities under the Treaty;

(10) to forcibly assault, resist, oppose, impede, intimidate,

or interfere with -

(A) any Authorized Officer or Authorized Party Officer in the

conduct of a search or inspection in connection with the

enforcement of this chapter or the Treaty; or

(B) an observer in the conduct of observer duties under the

Treaty;

(11) to resist a lawful arrest for any act prohibited by this

section;

(12) to interfere with, delay, or prevent, by any means, the

apprehension or arrest of another person, knowing that such other

person has committed any act prohibited by this section; or

(13) to ship, transport, offer for sale, sell, purchase,

import, export, or have custody, control, or possession of, any

fish taken or retained in violation of this chapter or any

regulation, permit, or the Treaty, with the knowledge that the

fish were so taken or retained.

(b) Except as provided in section 973d of this title, it is

unlawful for any person subject to the jurisdiction of the United

States when in the Licensing Area -

(1) to use a vessel to fish unless validly licensed as required

by the Administrator;

(2) to use a vessel for directed fishing for southern bluefin

tuna or for fishing for any kinds of fish other than tunas,

except that fish may be caught as an incidental by-catch;

(3) to use a vessel for fishing by any method other than the

purse-seine method;

(4) to use any vessel to engage in fishing after the revocation

of its license, or during the period of suspension of an

applicable license;

(5) to operate a vessel in such a way as to disrupt or in any

other way adversely affect the activities of traditional and

locally based fishermen and fishing vessels;

(6) to use a vessel to fish in a manner inconsistent with an

order issued by the Secretary under section 973i of this title;

or

(7) except for circumstances involving force majeure and other

emergencies involving the health or safety of crew members or the

safety of the vessel, to use an aircraft in association with the

fishing activities of a vessel unless it is identified in the

license application for the vessel, or any amendment thereto.

-SOURCE-

(Pub. L. 100-330, Sec. 5, June 7, 1988, 102 Stat. 592.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 973d, 973e, 973f, 973i,

973j of this title.

-CITE-

16 USC Sec. 973d 01/06/03

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TITLE 16 - CONSERVATION

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-HEAD-

Sec. 973d. Exceptions

-STATUTE-

(a) The prohibitions of section 973c of this title and the

licensing requirements of section 973g of this title shall not

apply to fishing for albacore tuna by vessels using the trolling

method outside of the 200 nautical mile fisheries zones of the

Pacific Island Parties.

(b) The prohibitions of section 973c(a)(4), (a)(5), and (b)(3) of

this title shall not apply to fishing under the terms and

conditions of an arrangement which has been reached under paragraph

3 of Article 3 of the Treaty and which, pursuant to a decision by

the Secretary of State under section 973p of this title, is covered

by Article 4 and paragraph 6 of Article 5 of the Treaty.

-SOURCE-

(Pub. L. 100-330, Sec. 6, June 7, 1988, 102 Stat. 594.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 973c of this title.

-CITE-

16 USC Sec. 973e 01/06/03

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-HEAD-

Sec. 973e. Criminal offenses

-STATUTE-

(a) Prohibited acts

A person is guilty of a criminal offense if he or she commits any

act prohibited by section 973c(a)(8), (10), (11), or (12) of this

title.

(b) Sentence and fine

Any offense described in subsection (a) of this section is

punishable by a fine of not more than $50,000, or imprisonment for

not more than 6 months, or both; except that if in the commission

of any such offense the person uses a dangerous weapon, engages in

conduct that causes bodily injury to any Authorized Officer,

Authorized Party Officer, or observer under the Treaty in the

conduct of their duties, or places any such Authorized Officer,

Authorized Party Officer, or observer in fear of imminent bodily

injury, the offense is punishable by a fine of not more than

$100,000 or imprisonment for not more than 10 years, or both.

(c) Jurisdiction

The district courts of the United States shall have jurisdiction

over any offense described in this section.

-SOURCE-

(Pub. L. 100-330, Sec. 7, June 7, 1988, 102 Stat. 594.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 973h, 973o of this title.

-CITE-

16 USC Sec. 973f 01/06/03

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TITLE 16 - CONSERVATION

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-HEAD-

Sec. 973f. Civil penalties

-STATUTE-

(a) Determination of liability; amount; participation by Secretary

of State in assessment proceeding

Any person who is found by the Secretary, after notice and an

opportunity for a hearing in accordance with section 554 of title

5, to have committed an act prohibited by section 973c of this

title, shall be liable to the United States Code (FOOTNOTE 1) for a

civil penalty. Before issuing a notice of violation, the Secretary

shall consult with the Secretary of State. The amount of the civil

penalty shall be determined in accordance with considerations set

forth in the Treaty and shall take into account the nature,

circumstances, extent, and gravity of the prohibited acts

committed, and with respect to the violator, the degree of

culpability, any history of prior offenses, ability to pay, and

such other matters as justice may require. Except for those acts

prohibited by section 973c(a)(4), (5), (7), (8), (10), (11), and

(12), and section 973c(b)(1), (2), (3), and (7) of this title, the

amount of the civil penalty shall not exceed $250,000 for each

violation. Upon written notice, the Secretary of State shall have

the right to participate in any proceeding initiated to assess a

civil penalty for violation of this chapter.

(FOOTNOTE 1) So in original. ''Code'' probably should not

appear.

(b) Judicial review of assessment; procedures applicable

Any person against whom a civil penalty is assessed under

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

United States district court for the appropriate district by filing

a complaint in such court within 30 days from the date of the order

and by simultaneously serving a copy of the complaint by certified

mail on the Secretary, the Attorney General of the United States,

and the appropriate United States Attorney. The Secretary shall

promptly file in the court a certified copy of the record upon

which the violation was found or the penalty imposed. The findings

and order of the Secretary shall be set aside or modified by the

court if they are not found to be supported by substantial

evidence, as provided in section 706(2) of title 5.

(c) Failure to pay assessment of civil penalty; recovery by

Attorney General

Except as provided in subsection (g) of this section, if any

person fails to pay an assessment of a civil penalty after it has

become a final and unappealable order, or after the appropriate

court has entered final judgment in favor of the Secretary, the

Secretary shall refer the matter to the Attorney General of the

United States, who shall recover the amount assessed in any

appropriate district court of the United States.

(d) In rem liability for civil penalty; jurisdiction; maritime lien

on vessel

Except as provided in subsection (g) of this section, a fishing

vessel (including its fishing gear, furniture, appurtenances,

stores, and cargo) used in the commission of an act prohibited by

section 973c of this title shall be liable in rem for any civil

penalty assessed for the violation under this section and may be

proceeded against in any district court of the United States having

jurisdiction thereof. The penalty shall constitute a maritime lien

on the vessel which may be recovered in an action in rem in the

district court of the United States having jurisdiction over the

vessel.

(e) Compromise, etc., of civil penalty

The Secretary, after consultation with the Secretary of State,

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.

(f) Conduct of hearings

For the purposes of conducting any hearing under this section,

the Secretary 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 contempt or refusal to obey

a subpoena served upon a person pursuant to this subsection, the

district court of the United States for any district in which the

person is found, resides, or transacts business, upon application

by the United States and after notice to the person, shall have

jurisdiction to issue an order requiring the person to appear and

give testimony before the Secretary or to appear and produce

documents before the Secretary, or both, and any failure to obey

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

thereof.

(g) Waiver of referral to Attorney General

If a vessel used in a violation of section 973c(a)(1), (2), (3),

(4), (5), (6), (7), (8), (9), or (13) or section 973c(b) of this

title for which a civil penalty has been assessed -

(1) had a valid license under the Treaty at the time of the

violation, and

(2) within 60 days after the penalty assessment has become

final, leaves and remains outside of the Licensing Area, all

Limited Areas closed to fishing, and all Closed Areas until the

final penalty has been paid,

there shall be no referral to the Attorney General under subsection

(c) of this section or in rem action under subsection (d) of this

section in connection with such civil penalty.

-SOURCE-

(Pub. L. 100-330, Sec. 8, June 7, 1988, 102 Stat. 594; Pub. L.

100-350, Sec. 4(1), (2), June 27, 1988, 102 Stat. 660.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-350, Sec. 4(1), substituted ''and

gravity'' for ''any gravity'' and ''history of prior'' for

''history or prior''.

Subsec. (g)(1). Pub. L. 100-350, Sec. 4(2), substituted

''Treaty'' for ''Treasury''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 973o of this title.

-CITE-

16 USC Sec. 973g 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 16C - SOUTH PACIFIC TUNA FISHING

-HEAD-

Sec. 973g. Licenses

-STATUTE-

(a) Issuance; establishment of procedures; designation of agent for

service of legal process in license application; reception and

response to process

Licenses to fish in the Licensing Area, to be issued by the

Administrator in accordance with the Treaty, may be requested from

the Secretary by operators of vessels, under procedures established

by the Secretary. The license application shall designate an agent

for the service of legal process to be located in Port Moresby,

Papua New Guinea. The applicant shall ensure that the designated

agent for service of process, acting on behalf of the license

holder, will receive and respond to any legal process issued in

accordance with the Treaty and will, within 21 days after

notification, travel if necessary for this purpose to any Pacific

Island Party at no expense to that Party.

(b) Forwarding and transmittal of vessel license application

Except as provided in subsections (e), (f), and (g) of this

section, the Secretary shall forward a vessel license application

to the Secretary of State for transmittal to the Administrator

whenever such application is in accordance with application

procedures established by the Secretary, includes a complete

application form as required by Annex II of the Treaty, and is

accompanied by the required license fee.

(c) Fees and fee schedules

(1) In the initial year of implementation, fees for the first 40

vessel licenses shall be at least $50,000 each, for any 10 vessel

licenses in addition to the first 40 shall be $60,000 each, and for

vessel licenses in addition to the first 50 shall be in accordance

with Annex II of the Treaty.

(2) After such initial year, fees for vessel licenses shall be

paid in accordance with fee schedules established under Annex II of

the Treaty and published by the Secretary.

(d) Period of validity

Licenses shall be valid for the licensing period specified by the

Administrator.

(e) Allocation system

The Secretary may establish a system of allocating licenses in

the event more applications are received than there are licenses

available.

(f) Minimum fees required to be received in initial year of

implementation for forwarding and transmittal of license

applications

For the initial year of implementation, license fees totaling at

least $1,750,000 must be received by the Secretary before any

license applications will be forwarded to the Secretary of State

for transmittal to the Administrator.

(g) Grounds for denial of forwarding of license application

The Secretary, in consultation with the Secretary of State, may

determine that a license application should not be forwarded to the

Administrator for one of the following reasons:

(1) where the application is not in accordance with the Treaty

or the procedures established by the Secretary;

(2) where the owner or charterer is the subject of proceedings

under the bankruptcy laws of the United States, unless reasonable

financial assurances have been provided to the Secretary;

(3) where the owner or charterer has not established to the

satisfaction of the Secretary that the fishing vessel is fully

insured against all risks and liabilities normally provided in

maritime liability insurance;

(4) where the owner or charterer has not paid any penalty which

has become final, assessed by the Secretary in accordance with

this chapter.

(h) Grandfathering of vessels documented before November 3, 1995

Notwithstanding the requirements of -

(1) section 12108 of title 46;

(2) the general permit issued on December 1, 1980, to the

American Tunaboat Association under section 1374(h)(1) of this

title; and

(3) sections 1374(h)(2) and 1416(a) of this title - (FOOTNOTE

1)

(FOOTNOTE 1) So in original. The dash probably should be a

semicolon.

any vessel documented under the laws of the United States as of

November 3, 1995, for which a license has been issued under

subsection (a) of this section may fish for tuna in the Treaty

Area, including those waters subject to the jurisdiction of the

United States in accordance with international law, subject to the

provisions of the treaty (FOOTNOTE 2) and this chapter, provided

that no such vessel fishing in the Treaty Area intentionally

deploys a purse seine net to encircle any dolphin or other marine

mammal in the course of fishing under the provisions of the Treaty

or this chapter.

(FOOTNOTE 2) So in original. Probably should be capitalized.

-SOURCE-

(Pub. L. 100-330, Sec. 9, June 7, 1988, 102 Stat. 596; Pub. L.

104-43, title VIII, Sec. 801, Nov. 3, 1995, 109 Stat. 395.)

-REFTEXT-

REFERENCES IN TEXT

The bankruptcy laws of the United States, referred to in subsec.

(g)(2), are generally classified to Title 11, Bankruptcy.

Section 12108 of title 46, referred to in subsec. (h)(1), was in

the original ''section 1 of the Act of August 26, 1983 (97 Stat.

587, 46 U.S.C. 12108)'', and was translated to reflect the probable

intent of Congress. Section 1 of act Aug. 26, 1983, Pub. L. 98-89,

97 Stat. 500, enacted Title 46, Shipping.

Sections 1374(h)(1), 1374(h)(2), and 1416(a) of this title,

referred to in subsec. (h)(2), (3), were in the original references

to sections 104(h)(1), 104(h)(2), and 306(a) of the Marine Mammal

Protection Act, and were translated as meaning sections 104(h)(1),

104(h)(2), and 306(a), respectively, of the Marine Mammal

Protection Act of 1972, Pub. L. 92-522, to reflect the probable

intent of Congress.

-MISC2-

AMENDMENTS

1995 - Subsec. (h). Pub. L. 104-43 added subsec. (h).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 973d of this title.

-CITE-

16 USC Sec. 973h 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 16C - SOUTH PACIFIC TUNA FISHING

-HEAD-

Sec. 973h. Enforcement

-STATUTE-

(a) Federal responsibilities; utilization of personnel, etc., of

other Federal and State agencies

The provisions of this chapter shall be enforced by the Secretary

in cooperation with the Secretary of State. The Secretary, after

consultation with the Secretary of State, may by agreement, on a

reimbursable basis or otherwise, utilize the personnel, services,

equipment (including aircraft and vessels), and facilities of any

other Federal agency and of any State agency in the performance of

these duties.

(b) Investigation and report of alleged Treaty infringement

involving U.S. vessel; notice requirements to operator of

vessel; comments, information, or evidence by operator

(1) The Secretary shall, at the request of a Pacific Island Party

made to the Secretary of State, fully investigate any alleged

infringement of the Treaty involving a vessel of the United States,

and report as soon as practicable, and in any case within 2 months,

to that Party through the Secretary of State on any action taken or

proposed by the Secretary in regard to the alleged infringement.

(2) Upon commencement of an investigation under paragraph (1) of

this subsection, the Secretary shall notify the operator of any

vessel concerned regarding -

(A) the nature of the investigation;

(B) the right of the operator to submit comments, information,

or evidence bearing on the investigation and to receive, upon the

operator's timely written request to the Secretary, an

opportunity to present such comments, information, or evidence

orally to the Secretary or the Secretary's representative within

30 days after receipt of such notification.

(c) Notice requirements to Pacific Island Party concerning

institution and outcome of legal proceedings

(1) Prior to instituting any legal proceedings under this chapter

for any action which involves an alleged infringement of the Treaty

in waters within the jurisdiction of a Pacific Island Party, the

Secretary, through the Secretary of State, shall notify the Pacific

Island Party in accordance with paragraph 8 of Article 4 of the

Treaty that the proceedings will be instituted. Such notice shall

include a statement of the facts believed to show an infringement

of the Treaty and the nature of the proposed proceedings, including

any proposed charges and any proposed penalties. The Secretary

shall not institute such proceedings if the Pacific Island Party

objects within 30 days after the effective date of the notice under

Article 10 of the Treaty.

(2) The Pacific Island Party exercising jurisdiction over the

waters involved in such a legal proceeding shall be promptly

notified by the Secretary, through the Secretary of State,

concerning the outcome of the proceeding.

(d) Searches and seizures by Authorized Officers; limitations on

powers

(1) Any Authorized Officer may -

(A) with or without a warrant or other process -

(i) arrest any person, if he has reasonable cause to believe

that the person has committed any act subject to prosecution

under section 973e of this title;

(ii) board, and search or inspect, any fishing vessel which

is subject to the provisions of this chapter; or

(iii) seize samples of fish or items for evidence (other than

the vessel or its fishing gear or equipment) related to any

violation of any provision of this chapter;

(iv) order a vessel into the most convenient port of the

United States for investigation when an investigation has been

requested by a Pacific Island Party in accordance with the

Treaty and when such an order is necessary to gather

information for such an investigation;

(B) execute any warrant or other process issued by any court of

competent jurisdiction;

(C) exercise any other lawful authority; and

(D) investigate alleged violations of the Treaty to the same

extent authorized to investigate alleged violations of this

chapter.

(2) To the extent possible, Authorized Officers shall exercise

their powers under paragraph (1)(A)(ii), (iii), and (iv) of this

subsection so as not to interfere unduly with the lawful operation

of the vessel.

(3) Nothing in this chapter shall be construed to limit the

enforcement of this or other applicable Federal laws under section

89 of title 14.

(e) Exclusive jurisdiction

The district courts of the United States shall have exclusive

jurisdiction over any case or controversy arising under the

provisions of this chapter.

-SOURCE-

(Pub. L. 100-330, Sec. 10, June 7, 1988, 102 Stat. 597.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 973, 973i, 973j of this

title.

-CITE-

16 USC Sec. 973i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16C - SOUTH PACIFIC TUNA FISHING

-HEAD-

Sec. 973i. Findings by Secretary

-STATUTE-

(a) Order of vessel to leave waters upon failure to submit to

jurisdiction of Pacific Island Party; procedure applicable

Following any investigation conducted in accordance with section

973h(b) of this title, the Secretary, with the concurrence of the

Secretary of State, and upon the request of the Pacific Island

Party concerned, may order a fishing vessel which has not submitted

to the jurisdiction of that Pacific Island Party to leave

immediately the Licensing Area, all Limited Areas, and all Closed

Areas upon making a finding -

(1) that the fishing vessel -

(A) while fishing in the Licensing Area did not have a

license under the Treaty to fish in the Licensing Area, and

that under paragraph 2 of Article 3 of the Treaty, such fishing

is not authorized to be conducted in the Licensing Area without

a license;

(B) was involved in any incident in which an Authorized

Officer, Authorized Party Officer, or observer was allegedly

assaulted with resultant bodily harm, physically threatened,

forcefully resisted, refused boarding, or subjected to physical

intimidation or physical interference in the performance of

duties as authorized by this chapter or the Treaty;

(C) has not made full payment within 60 days of any amount

due as a result of a final judgment or other final

determination deriving from a violation in waters within the

Treaty Area of a Pacific Island Party; or

(D) was not represented by an agent for service of process in

accordance with the Treaty; or

(2) that there is probable cause to believe that the fishing

vessel -

(A) was used in violation of section 973c(a)(4), (a)(5),

(b)(2), or (b)(3) of this title;

(B) used an aircraft in violation of section 973c(b)(7) of

this title; or

(C) was involved in an incident in which section 973c(a)(7)

of this title was violated.

(b) Order of vessel to leave waters where Pacific Island Party

investigating alleged Treaty infringement

Upon being advised by the Secretary of State that proper

notification to Parties has been made under paragraph 7 of Article

5 of the Treaty that a Pacific Island Party is investigating an

alleged infringement of the Treaty by a vessel in waters under the

jurisdiction of such Pacific Island Party, the Secretary shall

order the vessel to leave such waters until the Secretary of State

notifies the Secretary that such order is no longer necessary.

(c) Rescission of orders

The Secretary shall rescind any order issued on the basis of a

finding under subsection (a)(1)(C) or (D) of this section as soon

as the Secretary determines that the facts underlying the finding

do not apply.

(d) Prohibition on judicial review of orders

No order issued in accordance with this section is subject to

judicial review.

(e) Enforcement of orders by Attorney General

Upon a request by the Secretary, the Attorney General shall

commence a civil action for appropriate relief, including permanent

or temporary injunction, to enforce any order issued by the

Secretary under this section.

-SOURCE-

(Pub. L. 100-330, Sec. 11, June 7, 1988, 102 Stat. 598; Pub. L.

100-350, Sec. 4(3), June 27, 1988, 102 Stat. 660.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a)(2)(C). Pub. L. 100-350 substituted ''section

973c(a)(7) of this title'' for ''section 973c(b)(7) of this

title''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 973c, 973j of this title.

-CITE-

16 USC Sec. 973j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16C - SOUTH PACIFIC TUNA FISHING

-HEAD-

Sec. 973j. Reporting requirements; disclosure of information

-STATUTE-

(a) Holders of licenses shall comply with the reporting

requirements of part 4 of Annex I to the Treaty.

(b) Information provided by license holders in Schedules 5 and 6

of Annex I of the Treaty shall be provided to the Secretary for

transmittal to the Administrator and to an entity designated by the

license holder. Such information thereafter shall not be released

and shall be maintained as confidential by the Secretary, including

information requested under the Freedom of Information Act (5

U.S.C. 552), unless disclosure is required under court order or

unless the information is essential for an enforcement action under

section 973c, 973h(b), 973h(c), or 973i of this title, or any other

proper law enforcement action.

-SOURCE-

(Pub. L. 100-330, Sec. 12, June 7, 1988, 102 Stat. 599.)

-CITE-

16 USC Sec. 973k 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16C - SOUTH PACIFIC TUNA FISHING

-HEAD-

Sec. 973k. Closed Area stowage requirements

-STATUTE-

At all times while a vessel is in a Closed Area, the fishing gear

of the vessel shall be stowed in such a manner as not to be readily

available for fishing. In particular, the boom shall be lowered as

far as possible so that the vessel cannot be used for fishing, but

so that the skiff is accessible for use in emergency situations;

the helicopter, if any, shall be tied down; and launches shall be

secured.

-SOURCE-

(Pub. L. 100-330, Sec. 13, June 7, 1988, 102 Stat. 599.)

-CITE-

16 USC Sec. 973l 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16C - SOUTH PACIFIC TUNA FISHING

-HEAD-

Sec. 973l. Observers

-STATUTE-

(a) Required access and assistance; scope of authorities

The operator and each member of the crew of a vessel shall allow

and assist any individual identified as an observer under the

Treaty by the Pacific Island Parties -

(1) to board the vessel for scientific, compliance, monitoring

and other functions at the point and time notified by the Pacific

Island Parties to the Secretary;

(2) without interfering unduly with the lawful operation of the

vessel, to have full access to and use of facilities and

equipment on board the vessel which the observer may determine

are necessary to carry out observer duties; have full access to

the bridge, fish on board, and areas which may be used to hold,

process, weigh, and store fish; remove samples; have full access

to the vessel's records, including its log and documentation for

the purpose of inspection and copying; and gather any other

information relating to fisheries in the Licensing Area;

(3) to disembark at the point and time notified by the Pacific

Island Parties to the Secretary; and

(4) to carry out observer duties safely.

(b) Free provision of food, etc., while on vessel

The operator shall provide any such observer, while on board the

vessel, at no expense to the Pacific Island Parties, with food,

accommodation, and medical facilities of such reasonable standard

as may be acceptable to the Pacific Island Party whose

representative is serving as the observer.

(c) Removal of fish samples and gathering of other information

relating to fisheries

The operator of any vessel from which any fish taken in the

Licensing Area is unloaded shall allow, or arrange for, and assist

any individual so authorized by the Pacific Island Parties to have

full access to any place where such fish is unloaded, to remove

samples, and to gather any other information relating to fisheries

in the Licensing Area.

-SOURCE-

(Pub. L. 100-330, Sec. 14, June 7, 1988, 102 Stat. 599.)

-CITE-

16 USC Sec. 973m 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16C - SOUTH PACIFIC TUNA FISHING

-HEAD-

Sec. 973m. Technical assistance

-STATUTE-

The United States tuna industry shall provide $250,000 annually

in technical assistance, including provision of assistance by

technicians, in response to requests coordinated through the

Administrator. The Secretary of State shall designate an entity to

coordinate the provision of such technical assistance as provided

by the United States tuna industry and to provide an annual report

to the Secretary of State regarding the provision of such technical

assistance.

-SOURCE-

(Pub. L. 100-330, Sec. 15, June 7, 1988, 102 Stat. 600.)

-CITE-

16 USC Sec. 973n 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16C - SOUTH PACIFIC TUNA FISHING

-HEAD-

Sec. 973n. Arbitration

-STATUTE-

In the event of a dispute requiring the establishment of an

arbitral tribunal under Article 6 of the Treaty, the Secretary of

State, in consultation with the Secretary, shall appoint the

arbitrator to be appointed by the United States under paragraph 3

of that Article, and shall represent the United States in reaching

agreement under such paragraph with each Pacific Island Party

involved concerning the appointment of the presiding arbitrator of

the tribunal.

-SOURCE-

(Pub. L. 100-330, Sec. 16, June 7, 1988, 102 Stat. 600.)

-CITE-

16 USC Sec. 973o 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16C - SOUTH PACIFIC TUNA FISHING

-HEAD-

Sec. 973o. Disposition of fees, penalties, forfeitures, and other

moneys

-STATUTE-

To the extent required by Article 4 of the Treaty, an amount

equivalent to the total value of any fine, penalty, or other amount

collected as a result of any action, judicial or otherwise, taken

pursuant to sections 973e and 973f of this title shall be paid by

the United States through the Secretary of State to the

Administrator as soon as reasonably possible following the date

that such amount is collected.

-SOURCE-

(Pub. L. 100-330, Sec. 17, June 7, 1988, 102 Stat. 600.)

-CITE-

16 USC Sec. 973p 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16C - SOUTH PACIFIC TUNA FISHING

-HEAD-

Sec. 973p. Additional agreements

-STATUTE-

Within 30 days after the Secretary of State's receipt of notice

from a Pacific Island Party that it has concluded an arrangement

pursuant to paragraph 3 of Article 3 of the Treaty, the Secretary

of State shall consult with the Secretary concerning whether the

procedures of Article 4 and paragraph 6 of Article 5 of the Treaty

should be made applicable to such arrangement. At the conclusion

of the consultations the Pacific Island Party and all other persons

agreeing to the arrangement shall be notified by the Secretary of

State of the resulting decision.

-SOURCE-

(Pub. L. 100-330, Sec. 18, June 7, 1988, 102 Stat. 600.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 973c, 973d of this title.

-CITE-

16 USC Sec. 973q 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16C - SOUTH PACIFIC TUNA FISHING

-HEAD-

Sec. 973q. Secretary of State to act for United States

-STATUTE-

The Secretary of State is authorized to receive on behalf of the

United States reports, requests, and other communications from the

Administrator and to act thereon directly or by reference to the

appropriate authorities. The Secretary of State, after

consultations with the Secretary, may accept or reject, on behalf

of the United States, changes or amendments to Annex I of the

Treaty and its Schedules and Annex II to the Treaty and its

Schedules.

-SOURCE-

(Pub. L. 100-330, Sec. 19, June 7, 1988, 102 Stat. 600.)

-CITE-

16 USC Sec. 973r 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 16C - SOUTH PACIFIC TUNA FISHING

-HEAD-

Sec. 973r. Authorization of appropriations

-STATUTE-

(a) There are authorized to be appropriated for fiscal years

1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, and

2002 such sums as may be necessary for carrying out the purposes

and provisions of the Treaty and this chapter including -

(1) for fiscal years 1992, 1993, 1994, 1995, 1996, 1997, 1998,

1999, 2000, 2001, and 2002, an amount not to exceed $350,000

annually to the Department of Commerce for administrative

expenses; and

(2) for fiscal years 1992, 1993, 1994, 1995, 1996, 1997, 1998,

1999, 2000, 2001, and 2002, an amount not to exceed $50,000

annually to the Department of State for administrative expenses.

(b) Funds appropriated for the purposes of the Treaty may be used

notwithstanding any of the provisions of the Foreign Assistance Act

of 1961 (22 U.S.C. 2151 et seq.) or of any appropriations Act that

imposes restrictions on the maintenance or use of cash transfer

assistance, which are inconsistent with the provisions of the

Treaty.

-SOURCE-

(Pub. L. 100-330, Sec. 20, June 7, 1988, 102 Stat. 601; Pub. L.

102-523, Sec. 3(b), Oct. 26, 1992, 106 Stat. 3433.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec. (b),

is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which

is classified principally to chapter 32 (Sec. 2151 et seq.) of

Title 22, Foreign Relations and Intercourse. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of Title 22 and Tables.

-MISC2-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-523 substituted ''1992, 1993,

1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, and 2002'' for

''1988, 1989, 1990, 1991, and 1992'' in three places.

-CITE-