16 U.S.C. § 973i: Findings by Secretary

Summary

After an investigation under section 973h(b), the Secretary, with the Secretary of State’s agreement and if the Pacific Island Party asks, may order a fishing vessel that did not submit to that Party’s jurisdiction to leave the Licensing Area and all Closed Areas immediately. The Secretary can do this if the vessel fished there without a Treaty license, attacked or physically resisted an authorized officer, observer, or party officer while they did their duties, failed to pay any amount due within 60 days after a final judgment or determination from a violation in those waters, lacked an agent for service of process under the Treaty, or if there is probable cause the vessel or its aircraft was used in the kinds of Treaty violations listed in sections 973c(a)(3), 973c(b)(2) or (3), 973c(b)(6), or 973c(a)(5). If the Secretary of State says a Party has been properly notified that it is investigating an alleged Treaty breach, the Secretary must order the vessel to leave that Party’s waters until the Secretary of State says the order is no longer needed. Orders based on unpaid amounts or lack of an agent must be canceled as soon as the Secretary finds those facts no longer apply. These orders cannot be reviewed by a court. If asked by the Secretary, the Attorney General must file a civil case, including asking for injunctions, to enforce the order.

Title 16, §973i

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(a)Order of vessel to leave waters upon failure to submit to jurisdiction of Pacific Island Party; procedure applicable

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)Order of vessel to leave waters where Pacific Island Party investigating alleged Treaty infringement

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)Rescission of orders

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)Prohibition on judicial review of orders

No order issued in accordance with this section is subject to judicial review.

(e)Enforcement of orders by Attorney General

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