§ 973g. Licenses

Footnotes

1. 1 So in original. The dash probably should be a semicolon.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1988

   South Pacific Tuna Act of 1988

   Pub. L. 100–330 § 9 · 102 Stat. 591

   Enacted · 16 U.S.C. § 973g

   Pub. L. 100–330, § 9, June 7, 1988, 102 Stat. 596

   Source evidence

   Code source credit
   Pub. L. 100–330, § 9, June 7, 1988, 102 Stat. 596

   Enacted provision · exact public law section
   SEC. 9. LICENSES. (a) Licenses to fish in the Licensing Area, to be issued by the Administrator in accordance with the Treaty, may be requested from the Secretary by operators of vessels, under procedures established by the Secretary. The license application shall designate an agent for the service of legal process to be located in Port Moresby, Papua New Guinea. The applicant shall ensure that the designated agent for service of process, acting on behalf of the license holder, will receive and respond to any legal process issued in accordance with the Treaty and will, within 21 days after notification, travel if necessary for this purpose to any Pacific Island Party at no expense to that Party. (b) Except as provided in subsections (e), (0, and (g) of this section, the Secretary shall forward a vessel license application to the Secretary of State for transmittal to the Administrator whenever such application is in accordance with application procedures established by the Secretary, includes a complete application form as required by Annex II of the Treaty, and is accompanied by the required license fee. (c) (1) In the initial year of implementation, fees for the first 40 vessel licenses shall be at least $50,000 each, for any 10 vessel licenses in addition to the first 40 shall be $60,000 each, and for vessel licenses in addition to the first 50 shall be in accordance with Annex II of the Treaty. (2) After such initial year, fees for vessel licenses shall be paid in accordance with fee schedules established under Annex n of the Treaty and published by the Secretary. (d) Licenses shall be valid for the licensing period specified by the Administrator. (e) The Secretary may establish a system of allocating licenses in the event more applications are received than there are licenses available. (f) For the initial year of implementation, license fees totaling at least $1,750,000 must be received by the Secretary before any license applications will be forwarded to the Secretary of State for transmittal to the Administrator. (g) The Secretary, in consultation with the Secretary of State, may determine that a license application should not be forwarded to the Administrator for one of the following reasons: (1) where the application is not in accordance with the Treaty or the procedures established by the Secretary; (2) where the owner or charterer is the subject of proceedings under the bankruptcy laws of the United States, unless reasonable financial assurances have been provided to the Secretary; (3) where the owner or charterer has not established to the satisfaction of the Secretary that the fishing vessel is fully insured against all risks and liabilities normally provided in maritime liability insurance; (4) where the owner or charterer has not paid any penalty which has become final, assessed by the Secretary in accordance with this Act.

2. 1995

   Fisheries Act of 1995

   Pub. L. 104–43 title VIII § 801 · 109 Stat. 366

   Added · 16 U.S.C. § 973g(h)

   Pub. L. 104–43 added subsec. (h)

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 104–43 added subsec. (h).

   Enacted provision · exact public law section
   SEC. 801. SOUTH PACIFIC TUNA AMENDMENT. Section 9 of the South Pacific Tuna Act of 1988 (16 U.S.C. 973g) is amended by adding at the end thereof the following: “(h) Notwithstanding the requirements of— “(1) section 1 of the Act of August 26, 1983 (97 Stat. 587; 46 U.S.C. 12108); “(2) the general permit issued on December 1, 1980, to the American Tunaboat Association under section 104(h)(1) of the Marine Mammal Protection Act (16 U.S.C. 1374(h)(1)); and “(3) sections 104(h)(2) and 306(a) of the Marine Mammal Protection Act (16 U.S.C. 1374(h)(2) and 1416(a))— any vessel documented under the laws of the United States as of the date of enactment of the Fisheries Act of 1995 for which a license has been issued under subsection (a) may fish for tuna in the Treaty Area, including those waters subject to the jurisdiction of the United States in accordance with international law, subject to the provisions of the treaty and this Act, provided that no such vessel fishing in the Treaty Area intentionally deploys a purse seine net to encircle any dolphin or other marine mammal in the course of fishing under the provisions of the Treaty or this Act.”.

3. 2025

   Pub. L. 119–60 § 8417(a) · 139 Stat. 1916

   Amended · 16 U.S.C. § 973g(b)

   Pub. L. 119–60, § 8417(a), amended subsec. (b) generally. Prior to amendment, text read as follows: “Except as provided in subsections (e), (f), and (g) of this section, the Secretary shall forward a vessel license application to the Secretary of State for transmittal to the Administrator whenever such application is in accordance with application procedures established by the Secretary, includes a complete application form as required by Annex II of the Treaty, and is accompanied by the required license fee.”

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 119–60, § 8417(a), amended subsec. (b) generally. Prior to amendment, text read as follows: “Except as provided in subsections (e), (f), and (g) of this section, the Secretary shall forward a vessel license application to the Secretary of State for transmittal to the Administrator whenever such application is in accordance with application procedures established by the Secretary, includes a complete application form as required by Annex II of the Treaty, and is accompanied by the required license fee.”

4. 2025

   Pub. L. 119–60 § 8417(b) · 139 Stat. 1916

   Amended · 16 U.S.C. § 973g(c)

   Pub. L. 119–60, § 8417(b), amended subsec. (c) generally. Prior to amendment, text read as follows:

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 119–60, § 8417(b), amended subsec. (c) generally. Prior to amendment, text read as follows:

   “(1) In the initial year of implementation, fees for the first 40 vessel licenses shall be at least $50,000 each, for any 10 vessel licenses in addition to the first 40 shall be $60,000 each, and for vessel licenses in addition to the first 50 shall be in accordance with Annex II of the Treaty. “(2) After such initial year, fees for vessel licenses shall be paid in accordance with fee schedules established under Annex II of the Treaty and published by the Secretary.”

5. 2025

   Pub. L. 119–60 § 8417(c)(2) · 139 Stat. 1916

   1. Redesignated · 16 U.S.C. § 973g(f)

      Pub. L. 119–60, § 8417(c)(2), (3), redesignated subsec. (g) as (f)

   2. Struck · 16 U.S.C. § 973g(f)

      Pub. L. 119–60, § 8417(c)(2), (3), amended it generally. Prior to amendment, subsec. set forth grounds for denial of forwarding license applications. Former subsec. (f) struck out

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 119–60, § 8417(c)(2), (3), redesignated subsec. (g) as (f) and amended it generally. Prior to amendment, subsec. set forth grounds for denial of forwarding license applications. Former subsec. (f) struck out.

6. 2025

   Pub. L. 119–60 § 8417(c)(1) · 139 Stat. 1916

   Struck · 16 U.S.C. § 973g(f)

   Pub. L. 119–60, § 8417(c)(1), struck out subsec. (f) which provided for minimum fees required to be received in initial year of implementation for forwarding and transmittal of license applications

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 119–60, § 8417(c)(1), struck out subsec. (f) which provided for minimum fees required to be received in initial year of implementation for forwarding and transmittal of license applications.

7. 2025

   Pub. L. 119–60 § 8417(c)(4)(D) · 139 Stat. 1916

   Substituted · 16 U.S.C. § 973g(g)

   Pub. L. 119–60, § 8417(c)(4)(D), in concluding provisions, substituted “any vessel documented under the laws of the United States as of November 3, 1995, for which a license has been issued under subsection (a) may fish for tuna in the Licensing Area, and on the high seas and in waters subject to the jurisdiction of the United States west of 146 west longitude and east of 129.5 east longitude in accordance with international law, subject to the provisions of the Treaty, this chapter, and other applicable law, provided that no such vessel intentionally deploys a purse seine net to encircle any dolphin or other marine mammal in the course of fishing.” for “any vessel documented under the laws of the United States as of November 3, 1995, for which a license has been issued under subsection (a) may fish for tuna in the Treaty Area, including those waters subject to the jurisdiction of the United States in accordance with international law, subject to the provisions of the treaty and this chapter, provided that no such vessel fishing in the Treaty Area intentionally deploys a purse seine net to encircle any dolphin or other marine mammal in the course of fishing under the provisions of the Treaty or this chapter.”

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 119–60, § 8417(c)(4)(D), in concluding provisions, substituted “any vessel documented under the laws of the United States as of November 3, 1995, for which a license has been issued under subsection (a) may fish for tuna in the Licensing Area, and on the high seas and in waters subject to the jurisdiction of the United States west of 146 west longitude and east of 129.5 east longitude in accordance with international law, subject to the provisions of the Treaty, this chapter, and other applicable law, provided that no such vessel intentionally deploys a purse seine net to encircle any dolphin or other marine mammal in the course of fishing.” for “any vessel documented under the laws of the United States as of November 3, 1995, for which a license has been issued under subsection (a) may fish for tuna in the Treaty Area, including those waters subject to the jurisdiction of the United States in accordance with international law, subject to the provisions of the treaty and this chapter, provided that no such vessel fishing in the Treaty Area intentionally deploys a purse seine net to encircle any dolphin or other marine mammal in the course of fishing under the provisions of the Treaty or this chapter.”

8. 2025

   Pub. L. 119–60 § 8417(c)(2) · 139 Stat. 1916

   Redesignated · 16 U.S.C. § 973g(g)

   Pub. L. 119–60, § 8417(c)(2), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f)

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 119–60, § 8417(c)(2), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).

9. 2025

   Pub. L. 119–60 § 8417(c)(4)(A) · 97 Stat. 587

   Amended · 16 U.S.C. § 973g(g)(1)

   Pub. L. 119–60, § 8417(c)(4)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “section 1 of the Act of August 26, 1983 (97 Stat. 587; 46 U.S.C. 12108);”

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (g)(1). Pub. L. 119–60, § 8417(c)(4)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “section 1 of the Act of August 26, 1983 (97 Stat. 587; 46 U.S.C. 12108);”.

10. 2025

    Pub. L. 119–60 § 8417(c)(4)(B) · 139 Stat. 1916

    Changed · 16 U.S.C. § 973g(g)(2)

    Pub. L. 119–60, § 8417(c)(4)(B), made technical amendment to reference in original act which appears in text as reference to section 1374(h)(1) of this title

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (g)(2). Pub. L. 119–60, § 8417(c)(4)(B), made technical amendment to reference in original act which appears in text as reference to section 1374(h)(1) of this title.

11. 2025

    Pub. L. 119–60 § 8417(c)(4)(C) · 139 Stat. 1916

    Changed · 16 U.S.C. § 973g(g)(3)

    Pub. L. 119–60, § 8417(c)(4)(C), made technical amendment to reference in original act which appears in text as reference to sections 1374(h)(2) and 1416(a) of this title

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (g)(3). Pub. L. 119–60, § 8417(c)(4)(C), made technical amendment to reference in original act which appears in text as reference to sections 1374(h)(2) and 1416(a) of this title.

12. 2025

    Pub. L. 119–60 § 8417(c)(2) · 139 Stat. 1916

    Redesignated · 16 U.S.C. § 973g(h)

    Pub. L. 119–60, § 8417(c)(2), redesignated subsec. (h) as (g)

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 119–60, § 8417(c)(2), redesignated subsec. (h) as (g).

2 of 13 references resolved to an enrolled provision · 11 unresolved