Document ID: chunk:federal_register_of_legislation:C2024C00591:schedule:1:p4
Version: federal_register_of_legislation:C2024C00591
Segment Type: schedule
Provision Reference: sch 1 (pt 4/26)
Character Range: 469363–472131

of the United States shall ensure that:
      (a) each fishing vessel of the United States licensed pursuant to this Treaty is fully insured against all risks and liabilities;
      (b) all measures are taken to facilitate:
            (i) any claim arising out of the activities of a fishing vessel of the United States, including a claim for the total market value of any fish taken from the Licensing Area without authorisation pursuant to this Treaty, and the prompt settlement of that claim;
            (ii) the service of legal process by or on behalf of a national or the Government of a Pacific Island party in any action arising out of the activities of a fishing vessel of the United States;
            (iii) the prompt and full adjudication in the United States of any claim made pursuant to this Treaty;
            (iv) the prompt and full satisfaction of any final judgment or other final determination made pursuant to this Treaty; and
            (v) the provision of a reasonable level of financial assurances, if, after consultation with the Government of the United States, all Pacific Island parties agree that the collection of any civil or criminal judgment or judgments or determination or determinations made pursuant to this Treaty has become a serious enforcement problem;
      (c) an amount equivalent to the total value of any forfeiture, fine, penalty or other amount collected by the Government of the United States incurred as a result of any actions, judicial or otherwise, taken pursuant to this Article is paid to the Administrator as soon as possible following the date that the amount is collected.
4.4 The Government of the United States shall, at the request of the Government of a Pacific Island party, fully investigate any alleged infringement of this Treaty involving a vessel of the United States, and report as soon as practicable and in any case within two months to that Government on that investigation and on any action taken or proposed to be taken by the Government of the United States in relation to the alleged infringement.
4.5 In the event that a report provided pursuant to paragraph 4 of this Article shows that a fishing vessel of the United States:
      (a) while fishing in the Licensing Area did not have a licence to fish in the Licensing Area, except in accordance with paragraph 2 of Article 3; or
      (b) was involved in any incident in which an authorised 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 his or her duties as authorised pursuant to this Treaty; or
that there was probable cause to believe that a fishing vessel