South Pacific Tuna Act of 1988
PL 100-330 (S.1989), enacted 06/07/1988

PUBLIC LAW 100-330—JUNE 7, 1988 
102 STAT. 591 
Public Law 100-330 
100th Congress 
An Act 
To implement the Treaty on Fisheries Between the Governments of Certain Pacific 
Island States and the Grovemment of the United States of America. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That this Act may 
be cited as the "South Pacific Tuna Act of 1988". 
SEC. 2. DEFINITIONS. 
As used in this Act— 
(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 10(a) of this Act. 
(8) 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, talking, 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 
June 7, 1988 
[S. 1989] 
South Pacific 
Tuna Act of 
1988. 
Maritime 
16 u s e 973 note. 
16 u s e 973. 
102 STAT. 592 
PUBLIC LAW 100-330—JUNE 7, 1988 
(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 orga-
nized or existing under the laws of any State), and any FedersJ, 
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 Be-
tween 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 
parEigraph l(k) of Article 1 of the Treaty. 
16 u s e 973a. 
SEC. 3. APPLICATION TO OTHER LAWS. 
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 
205(aX4)(C) of the Magnuson Fishery Conservation and Management 
Act (16 U.S.C. 1825(aX4XC)) or section 2 of the Fishermen's Protec-
tive Act of 1967 (22 U.S.C. 1972) if the seizure is found by the 
Secretary of State to be in accordance with the provisions of the 
Treaty. 
16 u s e 973b. 
SEC. 4. REGULATIONS. 
The Secretary of Commerce, with the concurrence of the Sec-
retary 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 TVeaty and this Act. These regulations shall be 
made applicable as necessary to all persons and vessels subject to 
the jurisdiction of the United States, wherever located. 
16 u s e 973c. 
SEC. 5. PROHIBITED ACTS. 
(a) Except as provided in section 6 of this Act, it is unlawful for 
any person subject to the jurisdiction of the United States— 
(1) to violate any provision of this Act or any regulation or 
order issued pursuant to this Act; 
PUBLIC LAW 100-330—JUNE 7, 1988 
102 STAT. 593 
(2) to use a vessel for fishing in violation of an applicable 
national law; 
(3) who has entered into a fishing arrangement under para-
graph 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 18 of this Act 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 
Act, or to fail to submit any required information, or to fail to 
report to the Secretary immediately any change in cir-
cumstances which has the effect of rendering any such informa-
tion false, incomplete, or misleading; 
(7) to intentionally destroy evidence which could be used to 
' determine if a violation of this Act 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 conduct-
ing a search or inspection in connection with the enforcement of 
this Act 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 
interifere with— 
(A) any Authorized Officer or Authorized Party Officer in 
the conduct of a search or inspection in connection with the 
enforcement of this Act 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 S€de, sell, purchase, import, 
export, or have custody, control, or possession of, any fish taken 
or retained in violation of this Act or any regulation, permit, or 
the Treaty, with the knowledge that the fish were so taken or 
retained. 
(b) Except as provided in section 6 of this Act, 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; 
102 STAT. 594 
PUBLIC LAW 100-330—JUNE 7, 1988 
(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 11 of this Act; or 
(7) except for circumstances involving force majeure and 
other emergencies involving the health or safety of crew mem-
bers 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. 
16 use 973d. 
SEC. 6. EXCEPTIONS. 
(a) The prohibitions of section 5 of this Act and the licensing 
requirements of section 9 of this Act 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. 
0)) The prohibitions of section 5 (aX4), (aX5), and (bXS) of this Act 
shall not apply to fishing under the terms and conditions of an 
arrangement which has been reached under i}aragraph 3 of Article 3 
of the Treaty and which, pursuant to a decision by the Secretary of 
State under section 18 of this Act, is covered by Article 4 and 
paragraph 6 of Article 5 of the Treaty. 
16 use 973e. 
SEC. 7. CRIMINAL OFFENSES. 
(a) A person is guilty of a criminal offense if he or she commits 
any act prohibited by section 5(a) (8), (10), (11), or (12) of this Act. 
(b) Any offense described in subsection (a) of this section is punish-
able 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 con-
duct 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. 
Courts, U.S. 
(c) The district courts of the United States shall have jurisdiction 
over any offense described in this section. 
16 use 973f. 
SEC. 8. CIVIL PENALTIES. 
(a) Any person who is found by the Secretary, after notice and an 
opportunity for a hearing in accordance with section 554 of title 5, 
United States Code, to have committed an act prohibited by section 
5 of this Act, shall be liable to the United States Code 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, any gravity of the prohibited acts committed, and with 
respect to the violator, the degree of culpability, any history or prior 
offenses, ability to pay, and such other matters as justice may 
require. Except for those acts prohibited by section 5(a) (4), (5), (7), 
(8), (10), (11), and (12), and section 5(b) (1), (2), (3), and (7) of this Act, 
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 Act. 
PUBLIC LAW 100-330—JUNE 7, 1988 
102 STAT. 595 
Courts, U.S. 
Records. 
(b) 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, United States Code. 
(c) Except as provided in subsection (g) of this section, if any Courts, U.S. 
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 appro-
priate district court of the United States. 
(d) Except as provided in subsection (g) of this section, a fishing Courts, U.S. 
vessel (including its fishing gear, furniture, appurtenances, stores, 
and cargo) used in the commission of an act prohibited by section 5 
of this Act shgdl be liable in rem for any civil penalty assessed for 
the violation under section 8 of this Act 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) 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) For the purposes of conducting any hearing under this section, 
the Secretary may issue subpoenas for the attendance and testi-
mony 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 trsmsacts business, upon application by 
the United States and after notice to the person, shall have jurisdic-
tion 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) If a vessel used in a violation of section 5(a) (1), (2), (3), (4), (5), 
(6), (7), (8), (9), or (13) or section 5(b) of this Act for which a civil 
penalty has been assessed— 
(1) had a valid license under the Treasury 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, 
Courts, U.S. 
102 STAT. 596 
PUBLIC LAW 100-336—JUNE 7,1988 
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. 
16 use 973g. 
SEC. 9. LICENSES. 
(a) 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 estab-
lished 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) 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 estab-
lished by the Secretary, includes a complete application form as 
required by Annex II of the Treaty, and is accompanied by the 
required license fee. 
(cXD 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) Licenses shall be valid for the licensing period specified by the 
Administrator. 
(e) The Secretary may establish a system of allocating licenses in 
the event more applications are received than there are licenses 
available. 
(0 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 transmit-
tal to the Administrator. 
(g) 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 reason-
able 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 fiilly 
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 Act. 
rf?tj.7-»-'tf%4'sp!^Mej<^;!-gr|.^|i^(»ie<»p»- •»,.. 
PUBLIC LAW 100-330—JUNE 7, 1988 
102 STAT. 597 
SEC. 10. ENFORCEMENT. 
(a) The provisions of this Act sheill be enforced by the Secretary in 
cooperation with the Secretary of State. The Secretary, after con-
sultation 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. 
(bXD 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 oppor-
tunity to present such comments, information, or evidence 
orally to the Secretary or the Secretary's representative within 
30 days after receipt of such notification. 
(cXD Prior to instituting any legal proceedings under this Act for 
any action which involves an alleged infringement of the Treaty in 
waters within the jurisdiction of a Pacific Island Party, the Sec-
retary, 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 state-
ment 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 in-
stitute 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. 
(dXl) Any Authorized Officer may— 
(A) with or without a warrant or other process— 
(i) arrest any person, if he has resisonable cause to believe 
that the person has committed any act subject to prosecu-
tion under section 7 of this Act; 
(ii) board, and search or inspect, any fishing vessel which 
is subject to the provisions of this Act; 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 Act; 
(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; 
16 u s e 973h. 
Contracts. 
Reports. 
102 STAT. 598 
PUBLIC LAW 100-330—JUNE 7,1988 
(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 Act. 
(2) To the extent possible, Authorized Officers shall exercise their 
powers under paragraph (IXA) (ii), (iii), and (iv) of this subsection so 
as not to interfere unduly with the lawful operation of the vessel. 
(3) Nothing in this Act shall be construed to limit the enforcement 
of this or other applicable Federal laws under section 89 of title 14, 
United States Oxle. 
Courts, U.S. 
(e) The district courts of the United States shall have exclusive 
jurisdiction over any case or controversy arising under the provi-
sions of this Act. 
16USC973i. 
SEC. 11. FINDINGS BY THE SECRETARY. 
(a) Following any investigation conducted in accordance with 
section 10(b) of this Act, 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 l^^aty, 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 
Qfificer, Authorized Party Officer, or observer was allegedly 
assaulted witii resultant bodily harm, physically threat-
ened, forcefully resisted, refused boarding, or subjected to 
physical intiinidation or physical interference in the 
performance of duties as authorized by this Act 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 fined 
determination deriving from a violation in waters within 
the Treaty Area of a Pacific Island Partv; or 
W) 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 
(A) was vaed in violation of section 5 (aX4), (aX5), (bX2), or 
(bX3) of this Act; 
C
B
) used an aircraft in violation of section 50i>X7); or 
(Q was involved in an incident in which section 5(bX7) 
was violated. 
O
t
>
) Upon being advised by the Secretary of Stete 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 
infi^igement of the Treaty by a vessel in waters under the jurisdio-
tion^such Pacific Island Party, the Secretary shall order the vessel 
to leave such waters until the Secretary of Stete notifies the Sec-
retary that such order is no longer necessary. 
S'^s^e."-
PUBLIC LAW 100-330—JUNE 7,1988 
102 STAT. 599 
(c) The Secretary shall rescind any order issued on the basis of a 
finding under subsection (aXl) (C) or (D) of this section as soon as the 
Secretary determines that the facts underljdng the finding do not 
apply. 
(d) No order issued in accordance with this section is subject to 
judicial review. 
(e) 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 Sec-
retary under this section. 
SEC. 12. REPORTING. 
(a) Holders of licenses shall comply with the reporting require-
ments 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, 
unless disclosure is required under court order or unless the 
information is essential for an enforcement action under section 5, 
10(b), 10(c), or 11 of this Act, or any other proper law enforcement 
action. 
SEC. 13. CLOSED AREA STOWAGE REQUIREMENTS. 
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. 
SEC. 14. OBSERVERS. 
(a) The operator and each member of the crew of a vessel shsill 
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 deter-
mine 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 documenta-
tion for the purpose of inspection and copjring; 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) 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 representa-
tive is serving as the observer. 
16 u s e 973j. 
ClassiHed 
information. 
16 u s e 973k. 
16 u s e 973Z. 
Records. 
Public 
information. 
Safety. 
102 STAT. 600 
PUBLIC LAW 100-330—JUNE 7, 1988 
16 use 973m. 
Business and 
industry. 
Reports. 
16 use 973n. 
16 use 973o. 
16 use 973p. 
16 use 973q. 
(c) 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. 
SEC. 15. TECHNICAL ASSISTANCE. 
The United States tuna industry shall provide $250,000 annually 
in technical assistance, including provision of assistance by techni-
cians, in response to requests coordinated through the Adminis-
trator. 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 Sec-
retary of State regarding the provision of such technical assistance. 
SEC. 16. ARBITRATION. 
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 arbitra-
tor to be appointed by the United States under paragraph 3 of that 
Article, and shall represent the United States in reaching agree-
ment under such paragraph with each Pacific Island Party involved 
concerning the appointment of the presiding arbitrator of the 
tribunal. 
SEC. 17. DISPOSITION OF FEES, PENALTIES, FORFEITURES, AND OTHER 
MONEYS. 
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 7 and 8 of this Act 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. 
SEC. 18. ADDITIONAL AGREEMENTS. 
Within 30 days after the Secretary of State's receipt of notice from 
a Pacific Island Party that it has concluded an arrangement pursu-
ant 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. 
SEC. 19. SECRETARY OF STATE TO ACT FOR THE UNITED STATES. 
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 behedf 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. 
PUBLIC LAW 100-330—JUNE 7, 1988 
102 STAT. 601 
SEC. 20. AUTHORIZATION OF APPROPRIATIONS. 
16 USC 973r. 
(a) There are authorized to be appropriated for fiscal years 1988, 
1989, 1990, 1991, and 1992 such sums as may be necessary for 
canying out the purposes and provisions of the Treaty and this Act 
including— 
(1) for fiscal years 1988,1989,1990,1991, and 1992, an amount 
not to exceed $350,000 annually to the Department of Com-
merce for administrative expenses; and 
(2) for fiscal years 1988,1989,1990,1991, and 1992, an amount 
not to exceed $50,000 annually to the Department of State for 
administrative expenses. 
flb) 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. 
SEC. 21. EFFECTIVE DATE. 
16 USC 973 note. 
(a) Except as provided in subsection 0)) of this section, this Act 
shall be effective on the date on which the Treaty enters into force 
for the United States. 
Ot)Xl) The authority to promulgate regulations pursuant to this 
Act shall be effective on the date of enactment of this Act. 
(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. 
Approved June 7, 1988. 
LEGISLATIVE HISTORY—S. 1989 (H.R. 3767): 
HOUSE REPORTS: No. 100-645, Pt. 1, accompanying H.R. 3767 (Comm. on Merchant 
Marine and Fisheries). 
SENATE REPORTS: No. 100-316 (Comm. on Commerce, Science, and 
Transportation). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
May 13, considered and passed Senate. 
May 24, considered and passed House. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): 
June 7, Presidential statement.