16 USC 973i - Findings by Secretary

U.S Code last checked for updates: May 17, 2024

§ 973i.

Findings by Secretary

(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, all Limited Areas, 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 paragraph 2 of Article 3 of 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 within the Treaty Area 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 section 973c(a)(4), (a)(5), (b)(2), or (b)(3) of this title;

(B)

used an aircraft in violation of section 973c(b)(7) of this title; or

(C)

was involved in an incident in which section 973c(a)(7) of this title was violated.

(b)

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

(c)

Rescission of orders

(d)

Prohibition on judicial review of orders

(e)

Enforcement of orders by Attorney General

(Pub. L. 100–330, § 11, June 7, 1988, 102 Stat. 598; Pub. L. 100–350, § 4(3), June 27, 1988, 102 Stat. 660.)

cite as: 16 USC 973i