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 Federal, State, local, or for- eign government or any entity of any such government. (15) The term ‘‘Secretary’’ means the Sec- retary of Commerce, or the designee of the Secretary of Commerce. (16) The term ‘‘State’’ means each of the sev- eral States, the District of Columbia, the Commonwealths of Puerto Rico and the North- ern Mariana Islands, American Samoa, the Virgin Islands, Guam, and any other Common- wealth, territory, or possession of the United States. (17) The term ‘‘Treaty’’ means the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America, signed in Port Moresby, Papua New Guinea, April 2, 1987, and its Annexes, Schedules, and implementing agreements. (18) The term ‘‘Treaty Area’’ means the area so described in paragraph 1(k) of Article 1 of the Treaty. (Pub. L. 100–330, § 2, June 7, 1988, 102 Stat. 591.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 100–330, § 21, June 7, 1988, 102 Stat. 601, pro- vided that: ‘‘(a) Except as provided in subsection (b) of this sec- tion, this Act [enacting this chapter] shall be effective on the date on which the Treaty enters into force for the United States. [The Treaty entered into force for the United States June 15, 1988.] ‘‘(b)(1) The authority to promulgate regulations pur- suant to this Act shall be effective on the date of enact- ment of this Act [June 7, 1988]. ‘‘(2) Any regulation promulgated pursuant to this Act shall not be effective before the date on which the Treaty enters into force for the United States.’’ SHORT TITLE Pub. L. 100–330, § 1, June 7, 1988, 102 Stat. 591, pro- vided: ‘‘That this Act [enacting this chapter] may be cited as the ‘South Pacific Tuna Act of 1988’.’’ TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 973a. Application to other laws The seizure by a Pacific Island Party of a ves- sel of the United States shall not be determined to be a seizure described in section 1825(a)(4)(C) of this title or section 1972 of title 22 if the sei- zure is found by the Secretary of State to be in accordance with the provisions of the Treaty. (Pub. L. 100–330, § 3, June 7, 1988, 102 Stat. 592; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–208 made technical amendment to reference in original act which appears in text as ref- erence to section 1825(a)(4)(C) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996. § 973b. Regulations The Secretary of Commerce, with the concur- rence of the Secretary of State and after con- sultation with the Secretary of the department in which the Coast Guard is operating, shall issue regulations as may be necessary to carry out the purposes and objectives of the Treaty and this chapter. These regulations shall be made applicable as necessary to all persons and vessels subject to the jurisdiction of the United States, wherever located. (Pub. L. 100–330, § 4, June 7, 1988, 102 Stat. 592.)