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16 U.S.C. § 973i — Findings by Secretary

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 973i — Findings by Secretary

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 973i

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Stable record: federal_law:legal_authorities:record_usc_12d29d7af6bd77d5f5060eef
Source file: Laws/federal/codes/united-states-code/title-16/section-973i-findings-by-secretary--d8304c1f82.md
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Source location: Title 16, Chapter 16C, § 973i; chapter-16c-south-pacific-tuna-fishing.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section973h/b&num=0&edition=prelim), 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— (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 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 under the jurisdiction 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 paragraph (3) of section 973c(a) or paragraph (2) or (3) of [section 973c(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section973c/b&num=0&edition=prelim); (B) used an aircraft in violation of [section 973c(b)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section973c/b/6&num=0&edition=prelim); or (C) was involved in an incident in which [section 973c(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section973c/a/5&num=0&edition=prelim) 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 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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 973c — Prohibited acts

**(a)** It is unlawful for any person subject to the jurisdiction of the United States— (1) to violate any provision of this chapter or any regulation or order issued pursuant to this chapter; (2) to use a vessel for fishing in violation of an applicable national law; (3) to use a vessel for fishing in any Closed Area, except in accordance with an agreement pursuant to the Treaty; (4) to falsify any information required to be reported, notified, communicated, or recorded pursuant to a requirement of this chapter, or to fail to submit any required information, or to fail to report to the Secretary immediately any change in circumstances which has the effect of rendering any such information false, incomplete, or misleading; (5) to intentionally destroy evidence which could be used to determine if a violation of this chapter or the Treaty has occurred; (6) to refuse to permit any Authorized Officer or Authorized Party Officer to board a fishing vessel for purposes of conducting a search or inspection in connection with the enforcement of this chapter or the Treaty; (7) to refuse to comply with the instructions of an Authorized Officer or Authorized Party Officer relating to fishing activities under the Treaty; (8) to forcibly assault, resist, oppose, impede, intimidate, or interfere with— (A) any Authorized Officer or Authorized Party Officer in the conduct of a search or inspection in connection with the enforcement of this chapter or the Treaty; or (B) an observer in the conduct of observer duties under the Treaty; (9) to resist a lawful arrest for any act prohibited by this section; (10) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by thi

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 973c

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 973i — Findings by Secretary

Page 1585 TITLE 16—CONSERVATION § 973l § 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 ac- cordance with section 973h(b) of this title, the Secretary, with the concurrence of the Sec- retary of State, and upon the request of the Pa- cific Island Party concerned, may order a fish- ing vessel which has not submitted to the juris- diction of that Pacific Island Party to leave im- mediately the Licensing Area, all Limited Areas, and all Closed Areas upon making a find- ing— (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 para- graph 2 of Article 3 of the Treaty, such fish- ing 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 Of- ficer, or observer was allegedly assaulted with resultant bodily harm, physically threatened, forcefully resisted, refused boarding, or subjected to physical intimida- tion or physical interference in the perform- ance 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 deriv- ing 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

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 973i

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