16 U.S.C. § 973h: Enforcement

Summary

The Secretary must enforce these rules and work with the Secretary of State. The Secretary can use people, services, equipment, and facilities from other federal or state agencies, with or without payback, to do this work. If a Pacific Island Party asks the Secretary of State to look into a possible Treaty violation by a U.S. vessel, the Secretary must investigate and report back to that Party through the Secretary of State as soon as possible and no later than 2 months. When an investigation starts, the Secretary must tell the vessel’s operator what the investigation is about and tell them they can send written comments, information, or evidence and can ask, within 30 days of the notice, to speak in person or by phone to present those materials. Before starting any court case for an alleged Treaty violation in waters of a Pacific Island Party, the Secretary must notify that Party through the Secretary of State and give the facts, proposed charges, and proposed penalties. The Secretary must not start the case if the Party objects within 30 days after the notice takes effect under the Treaty. The Secretary must also tell the Party the outcome if that Party has jurisdiction over the waters. Authorized Officers may, with or without a warrant, arrest people for suspected violations under section 973e, board and search covered fishing vessels, seize fish samples or other evidence (but not the vessel or its fishing gear), order a vessel into the nearest U.S. port for an investigation requested by a Pacific Island Party, execute warrants, and use other lawful powers. They should avoid unduly interfering with lawful vessel operations when possible. This chapter does not limit enforcing other federal laws under section 89 of title 14. U.S. district courts have exclusive jurisdiction over cases under this chapter.

Title 16, §973h

Conservation, Source: USLM XML via OLRC

(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 (c) Notice requirements to Pacific Island Party concerning institution and outcome of legal proceedings

(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.

(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;

(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; or

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Section 89 of title 14, referred to in subsec. (d)(3), redesignated section 522 of title 14 by Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200, and references to section 89 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.

Amendments

2025—Subsec. (c)(1). Pub. L. 119–60, § 8418(a), struck out “paragraph 8 of Article 4 of” after “in accordance with” in first sentence and “Article 10 of” after “the notice under” in third sentence. Subsec. (d)(1)(A)(ii). Pub. L. 119–60, § 8418(b)(1), struck out “or” at end. Subsec. (d)(1)(A)(iii). Pub. L. 119–60, § 8418(b)(2), inserted “or” at end.

§973h Enforcement