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 of section 973c(b)(7) of this title; or (C) was involved in an incident in which section 973c(a)(7) of this title was violated. (b) Order of vessel to leave waters where Pacific Island Party investigating alleged Treaty in- fringement Upon being advised by the Secretary of State that proper notification to Parties has been made under paragraph 7 of Article 5 of the Trea- ty that a Pacific Island Party is investigating an alleged infringement of the Treaty by a ves- sel in waters under the jurisdiction of such Pa- cific 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 Sec- retary determines that the facts underlying the finding do not apply. (d) Prohibition on judicial review of orders No order issued in accordance with this sec- tion 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 appro- priate relief, including permanent or temporary injunction, to enforce any order issued by the Secretary under this section. (Pub. L. 100–330, § 11, June 7, 1988, 102 Stat. 598; Pub. L. 100–350, § 4(3), June 27, 1988, 102 Stat. 660.) Editorial Notes AMENDMENTS 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’’. § 973j. Reporting requirements; disclosure of in- formation (a) Holders of licenses shall comply with the reporting requirements of part 4 of Annex I to the Treaty. (b) Information provided by license holders in Schedules 5 and 6 of Annex I of the Treaty shall be provided to the Secretary for transmittal to the Administrator and to an entity designated by the license holder. Such information there- after shall not be released and shall be main- tained as confidential by the Secretary, includ- ing information requested under the Freedom of Information Act [5 U.S.C. 552], unless disclosure is required under court order or unless the infor- mation is essential for an enforcement action under section 973c, 973h(b), 973h(c), or 973i of this title, or any other proper law enforcement ac- tion. (Pub. L. 100–330, § 12, June 7, 1988, 102 Stat. 599.) § 973k. Closed Area stowage requirements At all times while a vessel is in a Closed Area, the fishing gear of the vessel shall be stowed in such a manner as not to be readily available for fishing. In particular, the boom shall be lowered as far as possible so that the vessel cannot be used for fishing, but so that the skiff is acces- sible for use in emergency situations; the heli- copter, if any, shall be tied down; and launches shall be secured. (Pub. L. 100–330, § 13, June 7, 1988, 102 Stat. 599.) § 973l. Observers (a) Required access and assistance; scope of au- thorities The operator and each member of the crew of a vessel shall allow and assist any individual identified as an observer under the Treaty by the Pacific Island Parties— (1) to board the vessel for scientific, compli- ance, monitoring and other functions at the point and time notified by the Pacific Island Parties to the Secretary; (2) without interfering unduly with the law- ful operation of the vessel, to have full access to and use of facilities and equipment on board the vessel which the observer may determine are necessary to carry out observer duties; have full access to the bridge, fish on board, and areas which may be used to hold, process, weigh, and store fish; remove samples; have