§973 — Title 16 Conservation | U.S. Code

Summary

Defines key words used in this chapter about fishing, licenses, and enforcement under the Treaty. Administrator means the person or group picked by the Pacific Island Parties to act for them and told to the U.S. government. Authorized Officer means an officer given enforcement power by the Secretary of Commerce, by the department head where the Coast Guard works, or by a federal or state agency that has an enforcement agreement with the Secretary. Authorized Party Officer means an officer a Pacific Island Party lets enforce the Treaty. Applicable national law means a Pacific Island Party’s law that has been officially announced under the Treaty and is in effect. Closed Area means a place a Pacific Island Party has closed to vessels under its national law and that is officially announced. Fishing means searching for, catching, trying to catch, or doing activities that would likely lead to catching fish, including placing or recovering fish-aggregating devices, support operations at sea, and use of other craft for those activities except in safety emergencies. Fishing vessel or vessel means any U.S.-documented boat used for, equipped for, or normally used for commercial purse-seine tuna fishing. Licensing Area means Pacific Island Party waters except internal waters, territorial seas, archipelagic waters, and Closed Areas. Licensing period means how long a license is valid. Operator means the person in charge of a vessel, including owner, charterer, or master. Pacific Island Party means a Pacific Island nation that is a party to the Treaty. Person means any individual, company, or government entity. Regional terms and conditions means any terms the Administrator adds to a license as notified by the Secretary. Secretary means the Secretary of Commerce or that person’s designee. State means each State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, the Virgin Islands, Guam, and any other U.S. commonwealth, territory, or possession. Treaty means the Treaty on Fisheries between certain Pacific Island States and the United States, signed in Port Moresby, Papua New Guinea, April 2, 1987, together with its annexes, schedules, and implementing agreements.

Title 16, §973

Conservation — Source: USLM XML via OLRC

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 noticed and in effect in accordance with the Treaty.

(5)The term “Closed Area” means any area within the jurisdiction of a Pacific Island Party that is closed to vessels pursuant to a national law of that Pacific Island Party and is noticed and in effect in accordance with 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 for any purpose;

(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)use of any other vessel, vehicle, aircraft, or hovercraft for any activity described in this paragraph except for emergencies involving the health or safety of the crew 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 ommercial purse seine fishing for tuna, and which is documented under the laws of the United States.

(8)The term “Licensing Area” means all waters under the jurisdiction of a Pacific Island Party, except for internal waters, territorial seas, archipelagic waters, and any Closed Area.

(9)The term “licensing period” means the period of validity of licenses issued in accordance with the Treaty.

(10)The term “operator” means any person who is in charge of, directs or controls a vessel, including the owner, charterer, and master.

(11)The term “Pacific Island Party” means a Pacific Island nation which is a party to the Treaty.

(12)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.

(13)The term “regional terms and conditions” means any of the terms or conditions attached by the Administrator to a license issued by the Administrator, as notified by the Secretary.

(14)The term “Secretary” means the Secretary of Commerce, or the designee of the Secretary of Commerce.

(15)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.

(16)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Par. (4). Pub. L. 119–60, § 8412(a), substituted “noticed and in effect in accordance with” for “described in paragraph 1(a) of Annex I of”. Par. (5). Pub. L. 119–60, § 8412(b), substituted “area within the jurisdiction of a Pacific Island Party that is closed to vessels pursuant to a national law of that Pacific Island Party and is noticed and in effect in accordance with” for “of the closed areas identified in Schedule 2 of Annex I of”. Par. (6)(C). Pub. L. 119–60, § 8412(c)(1), inserted “for any purpose” after “harvesting of fish”. Par. (6)(F). Pub. L. 119–60, § 8412(c)(2), amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “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.” Par. (7). Pub. L. 119–60, § 8412(d), substituted “commercial purse seine fishing for tuna” for “commercial fishing”. Par. (8). Pub. L. 119–60, § 8412(e), substituted “under the jurisdiction of a Pacific Island Party, except for internal waters, territorial seas, archipelagic waters, and any Closed Area.” for “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.” Pars. (10) to (18). Pub. L. 119–60, § 8412(f), (g), added par. (13), redesignated former pars. (11) and (12) as (10) and (11), respectively, par. (14) as (12), and pars. (15) to (17) as (14) to (16), respectively, and struck out former pars. (10), (13), and (18), which defined, respectively, “Limited Area”, “Party”, and “Treaty Area”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 100–330, § 21,

June 7, 1988, 102 Stat. 601, 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

Pub. L. 100–330, § 1, June 7, 1988, 102 Stat. 591, provided: “That this Act [enacting this chapter] may be cited as the ‘South Pacific Tuna Act of 1988’.”

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 section 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.

§973 Definitions