§ 973h. — Enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC973h]
TITLE 16--CONSERVATION
CHAPTER 16C--SOUTH PACIFIC TUNA FISHING
Sec. 973h. Enforcement
(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
(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.
(c) Notice requirements to Pacific Island Party concerning institution
and outcome of legal proceedings
(1) Prior to instituting any legal proceedings under this chapter
for any action which involves an alleged infringement of the Treaty in
waters within the jurisdiction of a Pacific Island Party, the Secretary,
through the Secretary of State, shall notify the Pacific Island Party in
accordance with paragraph 8 of Article 4 of the Treaty that the
proceedings will be instituted. Such notice shall include a statement of
the facts believed to show an infringement of the Treaty and the nature
of the proposed proceedings, including any proposed charges and any
proposed penalties. The Secretary shall not institute such proceedings
if the Pacific Island Party objects within 30 days after the effective
date of the notice under Article 10 of the Treaty.
(2) The Pacific Island Party exercising jurisdiction over the waters
involved in such a legal proceeding shall be promptly notified by the
Secretary, through the Secretary of State, concerning the outcome of the
proceeding.
(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; or
(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;
(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.
(Pub. L. 100-330, Sec. 10, June 7, 1988, 102 Stat. 597.)
Section Referred to in Other Sections
This section is referred to in sections 973, 973i, 973j of this
title.
