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

Summary

The Secretary, with the Secretary of State’s agreement and if a Pacific Island Party asks, can order a fishing vessel that will not accept that Party’s authority to leave the Licensing Area and any Closed Areas right away after an investigation. The order can be made if the vessel fished there without the required Treaty license, assaulted or threatened an officer or observer, refused boarding or interfered with duties, failed to pay amounts due within 60 days after a final decision, had no agent for service, or if there is probable cause the vessel was used in other Treaty violations (including improper use of an aircraft). If the Secretary of State notifies the Secretary that Parties were properly told a Pacific Island Party is investigating an alleged Treaty breach, the Secretary must order the vessel out of those waters until told the order is no longer needed. The Secretary must cancel orders based on unpaid payments or lack of an agent as soon as the facts no longer apply. Courts may not review these orders. If asked by the Secretary, the Attorney General must start a civil case, including asking for an injunction, to enforce the order.

Title 16, §973i

Conservation — Source: USLM XML via OLRC

(a)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 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 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 under the jurisdiction 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 paragraph (3) of section 973c(a) or paragraph (2) or (3) of section 973c(b) of this title;

(B)used an aircraft in violation of section 973c(b)(6) of this title; or

(C)was involved in an incident in which section 973c(a)(5) of this title was violated.

(b)Upon being advised by the Secretary of State that proper notification to Parties has been made under 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)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)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 Secretary under this section.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Subsec. (a). Pub. L. 119–60, § 8419(a)(1), struck out “, all Limited Areas,” after “the Licensing Area”. Subsec. (a)(1)(A). Pub. L. 119–60, § 8419(a)(2)(A), struck out “paragraph 2 of Article 3 of” after “and that under”. Subsec. (a)(1)(C). Pub. L. 119–60, § 8419(a)(2)(B), substituted “under the jurisdiction” for “within the Treaty Area”. Subsec. (a)(2)(A). Pub. L. 119–60, § 8419(a)(3)(A), substituted “paragraph (3) of section 973c(a) or paragraph (2) or (3) of section 973c(b)” for “section 973c(a)(4), (a)(5), (b)(2), or (b)(3)”. Subsec. (a)(2)(B). Pub. L. 119–60, § 8419(a)(3)(B), substituted “section 973c(b)(6)” for “section 973c(b)(7)”. Subsec. (a)(2)(C). Pub. L. 119–60, § 8419(a)(3)(C), substituted “section 973c(a)(5)” for “section 973c(a)(7)”. Subsec. (b). Pub. L. 119–60, § 8419(b), struck out “paragraph 7 of Article 5 of” after “Parties has been made under”. 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”.

§973i Findings by Secretary

Summary

Title 16, §973i

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata