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16 U.S.C. § 973g — Licenses

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

16 U.S.C. § 973g — Licenses

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Stable record: federal_law:legal_authorities:record_usc_578c73455196138e6ecaac4d
Source file: Laws/federal/codes/united-states-code/title-16/section-973g-licenses--a1c08afb6e.md
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Source location: Title 16, Chapter 16C, § 973g; chapter-16c-south-pacific-tuna-fishing.md

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**(a) Issuance; establishment of procedures; designation of agent for service of legal process in license application; reception and response to process** 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) Forwarding of vessel license application** In accordance with subsection (e), and except as provided in subsection (f), the Secretary shall forward a vessel license application to the Administrator whenever such application is in accordance with application procedures established by the Secretary. **(c) Fees** Fees required under the Treaty shall be paid in accordance with the Treaty and any procedures established by the Secretary. **(d) Period of validity** Licenses shall be valid for the licensing period specified by the Administrator. **(e) Allocation system** The Secretary may establish a system of allocating licenses in the event more applications are received than there are licenses available. **(f) Grounds for denial of forwarding of license application** The Secretary, in consultation with the Secretary of State, may determine that a license application should not be forwarded to the Administrator if— (1) the application is not in accordance with the Treaty or the procedures established by the Secretary; or (2) the owner or charterer— (A) is the subject of proceedings under the bankruptcy laws of the United States, unless reasonable financial assurances have been provided to the Secretary; (B) 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; or (C) has not paid any penalty which has become final, assessed by the Secretary in accordance with this chapter. **(g) Grandfathering of vessels documented before November 3, 1995** Notwithstanding the requirements of— (1) [section 12113 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12113&num=0&edition=prelim); (2) the general permit issued on December 1, 1980, to the American Tunaboat Association under [section 1374(h)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1374/h/1&num=0&edition=prelim); and (3) sections 1374(h)(2) and 1416(a) of this title— 11 So in original. The dash probably should be a semicolon. 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.

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

46 U.S.C. § 12113 — Fishery endorsement

**(a) Requirements.—** A fishery endorsement may be issued for a vessel that— (1) satisfies the requirements of [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim) and, if owned by an entity, the entity satisfies the ownership requirements in subsection (c); (2) was built in the United States; (3) if rebuilt, was rebuilt in the United States; (4) was not forfeited to the United States Government after July 1, 2001, for a breach of the laws of the United States; and (5) otherwise qualifies under the laws of the United States to engage in the fisheries. **(b) Authorized Activity.—** (1) **In general.—** — Subject to the laws of the United States regulating the fisheries, a vessel for which a fishery endorsement is issued may engage in the fisheries. (2) **Use by prohibited persons.—** — A fishery endorsement is invalid immediately if the vessel for which it is issued is used as a fishing vessel while it is chartered or leased to an individual who is not a citizen of the United States or to an entity that is not eligible to own a vessel with a fishery endorsement. **(c) Ownership Requirements for Entities.—** (1) **In general.—** — A vessel owned by an entity is eligible for a fishery endorsement only if at least 75 percent of the interest in the entity, at each tier of ownership and in the aggregate, is owned and controlled by citizens of the United States. (2) **Determining 75 percent interest.—** — In determining whether at least 75 percent of the interest in the entity is owned and controlled by citizens of the United States under paragraph (1), the Secretary shall apply [section 50501(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-sectio

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

46 U.S.C. § 12108 — Authority to extend duration of vessel certificates

**(a) Certificates.—** Provided a vessel is in compliance with inspection requirements in section 3313, the Secretary of the department in which in the Coast Guard is operating may, if the Secretary makes the determination described in subsection (b), extend, for a period of not more than 1 year, an expiring certificate of documentation issued for a vessel under chapter 121. **(b) Determination.—** The determination referred to in subsection (a) is a determination that such extension is required to enable the Coast Guard to— (1) eliminate a backlog in processing applications for such certificates; or (2) act in response to a national emergency or natural disaster. **(c) Manner of Extension.—** Any extension granted under this section may be granted to individual vessels or to a specifically identified group of vessels.

Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12108

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

16 U.S.C. § 973d — Repealed. Pub. L. 119–60, div. H, title LXXXIV, § 8414, Dec. 18, 2025, 139 Stat. 1915

### Statutory Notes Section, Pub. L. 100–330, § 6, June 7, 1988, 102 Stat. 594; Pub. L. 108–219, title IV, § 402, Apr. 13, 2004, 118 Stat. 617, created certain exceptions to prohibitions under [section 973c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section973c&num=0&edition=prelim) and licensing requirements under [section 973g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section973g&num=0&edition=prelim).

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

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

19 U.S.C. § 3203 — Eligible articles

**(a) In general** (1) Unless otherwise excluded from eligibility (or otherwise provided for) by this chapter, the duty-free treatment (or preferential treatment) provided under this chapter shall apply to any article which is the growth, product, or manufacture of a beneficiary country if— (A) that article is imported directly from a beneficiary country into the customs territory of the United States; and (B) the sum of— (i) the cost or value of the materials produced in a beneficiary country or 2 or more beneficiary countries under this chapter, or a beneficiary country under the Caribbean Basin Economic Recovery Act [[19 U.S.C. 2701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2701&num=0&edition=prelim) et seq.] or 2 or more such countries, plus (ii) the direct costs of processing operations performed in a beneficiary country or countries (under this chapter or the Caribbean Basin Economic Recovery Act), is not less than 35 percent of the appraised value of such article at the time it is entered. For purposes of determining the percentage referred to in subparagraph (B), the term “beneficiary country” includes the Commonwealth of Puerto Rico and the United States Virgin Islands. If the cost or value of materials produced in the customs territory of the United States (other than the Commonwealth of Puerto Rico) is included with respect to an article to which this paragraph applies, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributed to such United States cost or value may be applied toward determining the percentage referred to in subparagraph (B). (2) The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out p

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 3203

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

16 U.S.C. § 973g — Licenses

Page 1583 TITLE 16—CONSERVATION § 973g 1 See References in Text note below. 2 So in original. The dash probably should be a semicolon. 3 So in original. Probably should be capitalized. (2) within 60 days after the penalty assess- ment has become final, leaves and remains outside of the Licensing Area, all Limited Areas closed to fishing, and all Closed Areas until the final penalty has been paid, there shall be no referral to the Attorney Gen- eral under subsection (c) of this section or in rem action under subsection (d) of this section in connection with such civil penalty. (Pub. L. 100–330, § 8, June 7, 1988, 102 Stat. 594; Pub. L. 100–350, § 4(1), (2), June 27, 1988, 102 Stat. 660.) Editorial Notes AMENDMENTS 1988—Subsec. (a). Pub. L. 100–350, § 4(1), substituted ‘‘and gravity’’ for ‘‘any gravity’’ and ‘‘history of prior’’ for ‘‘history or prior’’. Subsec. (g)(1). Pub. L. 100–350, § 4(2), substituted ‘‘Treaty’’ for ‘‘Treasury’’. § 973g. Licenses (a) Issuance; establishment of procedures; des- ignation of agent for service of legal process in license application; reception and re- sponse to process Licenses to fish in the Licensing Area, to be issued by the Administrator in accordance with the Treaty, may be requested from the Sec- retary by operators of vessels, under procedures established by the Secretary. The license appli- cation 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 re- ceive 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 Isl

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

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