Title 16 — Conservation
Chapter 16C — South Pacific Tuna Fishing
§ 973i. Findings by Secretary
Statutory text
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—
that the fishing vessel—
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;
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;
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
was not represented by an agent for service of process in accordance with the Treaty; or
that there is probable cause to believe that the fishing vessel—
was used in violation of paragraph (3) of section 973c(a) or paragraph (2) or (3) of section 973c(b) of this title;
used an aircraft in violation of section 973c(b)(6) of this title; or
was involved in an incident in which section 973c(a)(5) of this title was violated.
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.
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.
Prohibition on judicial review of orders
No order issued in accordance with this section is subject to judicial review.
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.
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.
South Pacific Tuna Act of 1988
Pub. L. 100–330 § 11 · 102 Stat. 591
Enacted · 16 U.S.C. § 973i
Pub. L. 100–330, § 11, June 7, 1988, 102 Stat. 598
Source evidence
Code source credit
Pub. L. 100–330, § 11, June 7, 1988, 102 Stat. 598Enacted provision · exact public law section
SEC. 11. FINDINGS SY THE SECRETARY. (a) Following any investigation conducted in accordance with section 10(b) of this Act, 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 Act 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 5 (a)(4), (a)(5), (b)(2), or (b)(3) of this Act; (B) used an aircraft in violation of section 5(b)(7); or (C) was involved in an incident in which section 5(b)(7) was violated. (b) 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) 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) No order issued in accordance with this section is subject to judicial review. (e) 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. 100–350 § 4(3) · 102 Stat. 660
Substituted · 16 U.S.C. § 973i(a)(2)(C)
Pub. L. 100–350 substituted “section 973c(a)(7) of this title” for “section 973c(b)(7) of this title”
Source evidence
Code amendment note
Subsec. (a)(2)(C). Pub. L. 100–350 substituted “section 973c(a)(7) of this title” for “section 973c(b)(7) of this title”.Enacted provision · exact public law section
(3) in section ll(a)(2)(C), by striking “5(b)(7)” and inserting in lieu thereof “5(a)(7)”.Pub. L. 119–60 § 8419(a)(1) · 139 Stat. 1917
Struck · 16 U.S.C. § 973i(a)
Pub. L. 119–60, § 8419(a)(1), struck out “, all Limited Areas,” after “the Licensing Area”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a). Pub. L. 119–60, § 8419(a)(1), struck out “, all Limited Areas,” after “the Licensing Area”.Pub. L. 119–60 § 8419(a)(2)(A) · 139 Stat. 1917
Struck · 16 U.S.C. § 973i(a)(1)(A)
Pub. L. 119–60, § 8419(a)(2)(A), struck out “paragraph 2 of Article 3 of” after “and that under”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 119–60, § 8419(a)(2)(A), struck out “paragraph 2 of Article 3 of” after “and that under”.Pub. L. 119–60 § 8419(a)(2)(B) · 139 Stat. 1917
Substituted · 16 U.S.C. § 973i(a)(1)(C)
Pub. L. 119–60, § 8419(a)(2)(B), substituted “under the jurisdiction” for “within the Treaty Area”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(1)(C). Pub. L. 119–60, § 8419(a)(2)(B), substituted “under the jurisdiction” for “within the Treaty Area”.Pub. L. 119–60 § 8419(a)(3)(A) · 139 Stat. 1917
Substituted · 16 U.S.C. § 973i(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)”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
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)”.Pub. L. 119–60 § 8419(a)(3)(B) · 139 Stat. 1917
Substituted · 16 U.S.C. § 973i(a)(2)(B)
Pub. L. 119–60, § 8419(a)(3)(B), substituted “section 973c(b)(6)” for “section 973c(b)(7)”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(2)(B). Pub. L. 119–60, § 8419(a)(3)(B), substituted “section 973c(b)(6)” for “section 973c(b)(7)”.Pub. L. 119–60 § 8419(a)(3)(C) · 139 Stat. 1917
Substituted · 16 U.S.C. § 973i(a)(2)(C)
Pub. L. 119–60, § 8419(a)(3)(C), substituted “section 973c(a)(5)” for “section 973c(a)(7)”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(2)(C). Pub. L. 119–60, § 8419(a)(3)(C), substituted “section 973c(a)(5)” for “section 973c(a)(7)”.Pub. L. 119–60 § 8419(b) · 139 Stat. 1917
Struck · 16 U.S.C. § 973i(b)
Pub. L. 119–60, § 8419(b), struck out “paragraph 7 of Article 5 of” after “Parties has been made under”
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, § 8419(b), struck out “paragraph 7 of Article 5 of” after “Parties has been made under”.
2 of 9 references resolved to an enrolled provision · 7 unresolved
Editorial Notes
Amendments1988–2025 · 2 rounds
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”.
Credits
1988–2025 · 3 acts
- 1988Pub. L. 100–330, § 11, , 102 Stat. 598
- 1988Pub. L. 100–350, § 4(3), , 102 Stat. 660
- 2025Pub. L. 119–60, div. H, title LXXXIV, § 8419, , 139 Stat. 1917.
Show as published
(Pub. L. 100–330, § 11, , 102 Stat. 598; Pub. L. 100–350, § 4(3), , 102 Stat. 660; Pub. L. 119–60, div. H, title LXXXIV, § 8419, , 139 Stat. 1917.)