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 Island Party at no expense to that Party. (b) Forwarding and transmittal of vessel license application Except as provided in subsections (e), (f), and (g) of this section, the Secretary shall forward a vessel license application to the Secretary of State for transmittal to the Administrator whenever such application is in accordance with application procedures established by the Sec- retary, includes a complete application form as required by Annex II of the Treaty, and is ac- companied by the required license fee. (c) Fees and fee schedules (1) In the initial year of implementation, fees for the first 40 vessel licenses shall be at least $50,000 each, for any 10 vessel licenses in addi- tion to the first 40 shall be $60,000 each, and for vessel licenses in addition to the first 50 shall be in accordance with Annex II of the Treaty. (2) After such initial year, fees for vessel li- censes shall be paid in accordance with fee schedules established under Annex II of the Treaty and published 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 allo- cating licenses in the event more applications are received than there are licenses available. (f) Minimum fees required to be received in ini- tial year of implementation for forwarding and transmittal of license applications For the initial year of implementation, license fees totaling at least $1,750,000 must be received by the Secretary before any license applications will be forwarded to the Secretary of State for transmittal to the Administrator. (g) Grounds for denial of forwarding of license application The Secretary, in consultation with the Sec- retary of State, may determine that a license application should not be forwarded to the Ad- ministrator for one of the following reasons: (1) where the application is not in accord- ance with the Treaty or the procedures estab- lished by the Secretary; (2) where the owner or charterer is the sub- ject of proceedings under the bankruptcy laws of the United States, unless reasonable finan- cial assurances have been provided to the Sec- retary; (3) where the owner or charterer has not es- tablished to the satisfaction of the Secretary that the fishing vessel is fully insured against all risks and liabilities normally provided in maritime liability insurance; (4) where the owner or charterer has not paid any penalty which has become final, assessed by the Secretary in accordance with this chap- ter. (h) Grandfathering of vessels documented before November 3, 1995 Notwithstanding the requirements of— (1) section 1 of the Act of August 26, 1983 (97 Stat. 587; 46 U.S.C. 12108); 1 (2) the general permit issued on December 1, 1980, to the American Tunaboat Association under section 1374(h)(1) of this title; and (3) sections 1374(h)(2) and 1416(a) of this title— 2 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 Treaty Area, including those waters subject to the jurisdiction of the United States in accordance with international law, subject to the provisions of the treaty 3 and this chapter, provided that no such vessel fish- ing in the Treaty Area intentionally deploys a purse seine net to encircle any dolphin or other marine mammal in the course of fishing under the provisions of the Treaty or this chapter. (Pub. L. 100–330, § 9, June 7, 1988, 102 Stat. 596; Pub. L. 104–43, title VIII, § 801, Nov. 3, 1995, 109 Stat. 395.) Editorial Notes REFERENCES IN TEXT Section 1 of the Act of August 26, 1983 (97 Stat. 587; 46 U.S.C. 12108), referred to in subsec. (h)(1), probably Page 1584 TITLE 16—CONSERVATION § 973h 1 See References in Text note below. should be a reference to section 12108 of Title 46, Ship- ping, which was enacted by section 1 of act Aug. 26, 1983, Pub. L. 98–89, 97 Stat. 587. Section 12108 of Title 46 was subsequently omitted, and its provisions restated, in the general amendment of chapter 121 of Title 46 by Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1491. See sec- tions 12102, 12113, and 12116 of Title 46 and Prior Provi- sions note under section 12107 of Title 46. Sections 1374(h)(1), 1374(h)(2), and 1416(a) of this title, referred to in subsec. (h)(2), (3), were in the original ref- erences to sections 104(h)(1), 104(h)(2), and 306(a) of the Marine Mammal Protection Act, and were translated as meaning sections 104(h)(1), 104(h)(2), and 306(a), respec- tively, of the Marine Mammal Protection Act of 1972, Pub. L. 92–522, to reflect the probable intent of Con- gress. AMENDMENTS 1995—Subsec. (h). Pub. L. 104–43 added subsec. (h). § 973h. Enforcement (a) Federal responsibilities; utilization of per- sonnel, etc., of other Federal and State agen- cies The provisions of this chapter shall be en- forced by the Secretary in cooperation with the Secretary of State. The Secretary, after con- sultation with the Secretary of State, may by agreement, on a reimbursable basis or other- wise, utilize the personnel, services, equipment (including aircraft and vessels), and facilities of any other Federal agency and of any State agen- cy in the performance of these duties. (b) Investigation and report of alleged Treaty in- fringement involving U.S. vessel; notice re- quirements to operator of vessel; comments, information, or evidence by operator (1) The Secretary shall, at the request of a Pa- cific Island Party made to the Secretary of State, fully investigate any alleged infringe- ment of the Treaty involving a vessel of the United States, and report as soon as practicable, and in any case within 2 months, to that Party through the Secretary of State on any action taken or proposed by the Secretary in regard to the alleged infringement. (2) Upon commencement of an investigation under paragraph (1) of this subsection, the Sec- retary shall notify the operator of any vessel concerned regarding— (A) the nature of the investigation; (B) the right of the operator to submit com- ments, information, or evidence bearing on the investigation and to receive, upon the op- erator’s timely written request to the Sec- retary, an opportunity to present such com- ments, information, or evidence orally to the Secretary or the Secretary’s representative within 30 days after receipt of such notifica- tion. (c) Notice requirements to Pacific Island Party concerning institution and outcome of legal proceedings (1) Prior to instituting any legal proceedings under this chapter for any action which involves an alleged infringement of the Treaty in waters within the jurisdiction of a Pacific Island Party, the Secretary, through the Secretary of State, shall notify the Pacific Island Party in accord- ance with paragraph 8 of Article 4 of the Treaty that the proceedings will be instituted. Such no- tice shall include a statement of the facts be- lieved to show an infringement of the Treaty and the nature of the proposed proceedings, in- cluding any proposed charges and any proposed penalties. The Secretary shall not institute such proceedings if the Pacific Island Party objects within 30 days after the effective date of the no- tice under Article 10 of the Treaty. (2) The Pacific Island Party exercising juris- diction over the waters involved in such a legal proceeding shall be promptly notified by the Secretary, through the Secretary of State, con- cerning the outcome of the proceeding. (d) Searches and seizures by Authorized Officers; limitations on powers (1) Any Authorized Officer may— (A) with or without a warrant or other proc- ess— (i) arrest any person, if he has reasonable cause to believe that the person has com- mitted any act subject to prosecution under section 973e of this title; (ii) board, and search or inspect, any fish- ing vessel which is subject to the provisions of this chapter; or (iii) seize samples of fish or items for evi- dence (other than the vessel or its fishing gear or equipment) related to any violation of any provision of this chapter; (iv) order a vessel into the most conven- ient port of the United States for investiga- tion when an investigation has been re- quested by a Pacific Island Party in accord- ance with the Treaty and when such an order is necessary to gather information for such an investigation; (B) execute any warrant or other process issued by any court of competent jurisdiction; (C) exercise any other lawful authority; and (D) investigate alleged violations of the Treaty to the same extent authorized to inves- tigate alleged violations of this chapter. (2) To the extent possible, Authorized Officers shall exercise their powers under paragraph (1)(A)(ii), (iii), and (iv) of this subsection so as not to interfere unduly with the lawful oper- ation of the vessel. (3) Nothing in this chapter shall be construed to limit the enforcement of this or other appli- cable Federal laws under section 89 1 of title 14. (e) Exclusive jurisdiction The district courts of the United States shall have exclusive jurisdiction over any case or con- troversy arising under the provisions of this chapter. (Pub. L. 100–330, § 10, June 7, 1988, 102 Stat. 597.) Editorial Notes REFERENCES IN TEXT Section 89 of title 14, referred to in subsec. (d)(3), re- designated section 522 of title 14 by Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200, and references to section 89 of title 14 deemed to refer to such redesig- nated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redes- ignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.