-CITE-
    16 USC CHAPTER 16C - SOUTH PACIFIC TUNA FISHING             01/03/2007

-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.                                    
    973f.       Civil penalties.                                      
    973g.       Licenses.                                             
    973h.       Enforcement.                                          
    973i.       Findings by Secretary.                                
    973j.       Reporting requirements; disclosure of information.    
    973k.       Closed Area stowage requirements.                     
    973l.       Observers.                                            
    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.                      

-End-



-CITE-
    16 USC Sec. 973                                             01/03/2007

-EXPCITE-
    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.

-End-



-CITE-
    16 USC Sec. 973a                                            01/03/2007

-EXPCITE-
    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.

-End-



-CITE-
    16 USC Sec. 973b                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 16C - SOUTH PACIFIC TUNA FISHING

-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.

-End-



-CITE-
    16 USC Sec. 973c                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 16C - SOUTH PACIFIC TUNA FISHING

-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.)

-End-



-CITE-
    16 USC Sec. 973d                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 16C - SOUTH PACIFIC TUNA FISHING

-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 or to fishing by vessels using the longline method in the
    high seas areas of the Treaty area.
      (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; Pub. L. 108-
    219, title IV, Sec. 402, Apr. 13, 2004, 118 Stat. 617.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-219 substituted "or to fishing by
    vessels using the longline method in the high seas areas of the
    Treaty area" for "outside of the 200 nautical mile fisheries zones
    of the Pacific Island Parties".

-End-



-CITE-
    16 USC Sec. 973e                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 16C - SOUTH PACIFIC TUNA FISHING

-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.)

-End-



-CITE-
    16 USC Sec. 973f                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 16C - SOUTH PACIFIC TUNA FISHING

-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 (!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.

    (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".

-FOOTNOTE-
    (!1) So in original. "Code" probably should not appear.


-End-



-CITE-
    16 USC Sec. 973g                                            01/03/2007

-EXPCITE-
    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 -  (!1)


    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 (!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.


-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. Section 12108 of Title 46
    was subsequently omitted, and its provisions restated, in the
    general amendment of chapter 121 of Title 46 by Pub. L. 109-304,
    Sec. 5, Oct. 6, 2006, 120 Stat. 1491. For disposition of provisions
    of section 12108 into revised sections of Title 46, see Disposition
    Table preceding section 101 of Title 46.
      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.


-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (h). Pub. L. 104-43 added subsec. (h).

-FOOTNOTE-               

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

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


-End-



-CITE-
    16 USC Sec. 973h                                            01/03/2007

-EXPCITE-
    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.)

-End-



-CITE-
    16 USC Sec. 973i                                            01/03/2007

-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".

-End-



-CITE-
    16 USC Sec. 973j                                            01/03/2007

-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.)

-End-



-CITE-
    16 USC Sec. 973k                                            01/03/2007

-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.)

-End-



-CITE-
    16 USC Sec. 973l                                            01/03/2007

-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.)

-End-



-CITE-
    16 USC Sec. 973m                                            01/03/2007

-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.)

-End-



-CITE-
    16 USC Sec. 973n                                            01/03/2007

-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.)

-End-



-CITE-
    16 USC Sec. 973o                                            01/03/2007

-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.)

-End-



-CITE-
    16 USC Sec. 973p                                            01/03/2007

-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.)

-End-



-CITE-
    16 USC Sec. 973q                                            01/03/2007

-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.)

-End-



-CITE-
    16 USC Sec. 973r                                            01/03/2007

-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.


-MISC1-
                                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.

-End-