§ 973i. — Findings by Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC973i]
TITLE 16--CONSERVATION
CHAPTER 16C--SOUTH PACIFIC TUNA FISHING
Sec. 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
Upon being advised by the Secretary of State that proper
notification to Parties has been made under paragraph 7 of Article 5 of
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.
(Pub. L. 100-330, Sec. 11, June 7, 1988, 102 Stat. 598; Pub. L. 100-350,
Sec. 4(3), June 27, 1988, 102 Stat. 660.)
Amendments
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''.
Section Referred to in Other Sections
This section is referred to in sections 973c, 973j of this title.
