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16 U.S.C. § 973a — Application to other laws

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

16 U.S.C. § 973a — Application to other laws

The seizure by a Pacific Island Party of a vessel of the United States shall not be determined to be a seizure described in [section 1825(a)(4)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1825/a/4/C&num=0&edition=prelim) or [section 1972 of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1972&num=0&edition=prelim) if the seizure is found by the Secretary of State to be in accordance with the provisions of the Treaty.

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Source location: Title 16, Chapter 16C, § 973a; chapter-16c-south-pacific-tuna-fishing.md

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

22 U.S.C. § 1972 — Action by Secretary of State upon seizure of vessel by foreign country; preconditions

If— (1) any vessel of the United States is seized by a foreign country on the basis of claims to jurisdiction that are not recognized by the United States, or on the basis of claims to jurisdiction recognized by the United States but exercised in a manner inconsistent with international law as recognized by the United States; 11 So in original. Probably should be followed by “or”. (2) any general claim of any foreign country to exclusive fishery management authority is recognized by the United States, and any vessel of the United States is seized by such foreign country on the basis of conditions and restrictions under such claim, if such conditions and restrictions— (A) are unrelated to fishery conservation and management, (B) fail to consider and take into account traditional fishing practices of vessels of the United States, (C) are greater or more onerous than the conditions and restrictions which the United States applies to foreign fishing vessels subject to the exclusive fishery management authority of the United States (as established in title I of the Magnuson-Stevens Fishery Conservation and Management Act [[16 U.S.C. 1811](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1811&num=0&edition=prelim) et seq.]), or (D) fail to allow fishing vessels of the United States equitable access to fish subject to such country’s exclusive fishery management authority; the Secretary of State, unless there is clear and convincing credible evidence that the seizure did not meet the requirements under paragraph (1) or (2), as the case may be, shall immediately take such steps as are necessary— (i) for the protection of such vessel and for the health and welfare of its crew; (ii) to secure the release of such vessel and its crew; and

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

16 U.S.C. § 973a — Application to other laws

Page 1580 TITLE 16—CONSERVATION § 973a (D) placing, searching for, or recovering fish aggregating devices or associated elec- tronic equipment such as radio beacons; (E) any operations at sea directly in sup- port of, or in preparation for, any activity described in this paragraph; or (F) aircraft use, relating to the activities described in this paragraph except for flights in emergencies involving the health or safe- ty of crew members or the safety of a vessel. (7) The term ‘‘fishing vessel’’ or ‘‘vessel’’ means any boat, ship, or other craft which is used for, equipped to be used for, or of a type normally used for commercial fishing, and which is documented under the laws of the United States. (8) The term ‘‘Licensing Area’’ means all wa- ters in the Treaty Area except for— (A) those waters subject to the jurisdiction of the United States in accordance with international law; (B) those waters within Closed Areas; and (C) those waters within Limited Areas closed to fishing. (9) The term ‘‘licensing period’’ means the period of validity of licenses issued in accord- ance with the Treaty. (10) The term ‘‘Limited Area’’ means any area so identified in Schedule 3 of Annex I of the Treaty. (11) The term ‘‘operator’’ means any person who is in charge of, directs or controls a ves- sel, including the owner, charterer, and mas- ter. (12) The term ‘‘Pacific Island Party’’ means a Pacific Island nation which is a party to the Treaty. (13) The term ‘‘Party’’ means a nation which is a party to the Treaty. (14) The term ‘‘person’’ means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State), and any

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