16 U.S.C. § 973b — Regulations

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.) Page 1581 TITLE 16—CONSERVATION § 973d Statutory Notes and Related Subsidiaries EFFECTIVE DATE Authority to promulgate regulations effective on June 7, 1988, with any such regulation not to be effec- tive before date on which Treaty enters into force for the United States, see section 21 of Pub. L. 100–330, set out as an Effective Date note under section 973 of this title. 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. § 973c. Prohibited acts (a) Except as provided in section 973d of this title, it is unlawful for any person subject to the jurisdiction of the United States— (1) to violate any provision of this chapter or any regulation or order issued pursuant to this chapter; (2) to use a vessel for fishing in violation of an applicable national law; (3) who has entered into a fishing arrange- ment under paragraph 3 of Article 3 of the Treaty, to violate the terms and conditions of such fishing arrangement if the Secretary of State has decided under section 973p of this title that Article 4 and paragraph 6 of Article 5 of the Treaty shall apply to the arrange- ment; (4) to use a vessel for fishing in any Limited Area in violation of any requirement in Sched- ule 3 of Annex I of the Treaty; (5) to use a vessel for fishing in any Closed Area; (6) to falsify any information required to be reported, notified, communicated, or recorded pursuant to a requirement of this chapter, or to fail to submit any required information, or to fail to report to the Secretary immediately any change in circumstances which has the ef- fect of rendering any such information false, incomplete, or misleading; (7) to intentionally destroy evidence which could be used to determine if a violation of this chapter or the Treaty has occurred; (8) to refuse to permit any Authorized Offi- cer or Authorized Party Officer to board a fishing vessel for purposes of conducting a search or inspection in connection with the enforcement of this chapter or the Treaty; (9) to refuse to comply with the instructions of an Authorized Officer or Authorized Party Officer relating to fishing activities under the Treaty; (10) to forcibly assault, resist, oppose, im- pede, intimidate, or interfere with— (A) any Authorized Officer or Authorized Party Officer in the conduct of a search or inspection in connection with the enforce- ment of this chapter or the Treaty; or (B) an observer in the conduct of observer duties under the Treaty; (11) to resist a lawful arrest for any act pro- hibited by this section; (12) to interfere with, delay, or prevent, by any means, the apprehension or arrest of an- other person, knowing that such other person has committed any act prohibited by this sec- tion; or (13) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish taken or re- tained in violation of this chapter or any regu- lation, permit, or the Treaty, with the knowl- edge that the fish were so taken or retained. (b) Except as provided in section 973d of this title, it is unlawful for any person subject to the jurisdiction of the United States when in the Li- censing Area— (1) to use a vessel to fish unless validly li- censed as required by the Administrator; (2) to use a vessel for directed fishing for southern bluefin tuna or for fishing for any kinds of fish other than tunas, except that fish may be caught as an incidental by-catch; (3) to use a vessel for fishing by any method other than the purse-seine method; (4) to use any vessel to engage in fishing after the revocation of its license, or during the period of suspension of an applicable li- cense; (5) to operate a vessel in such a way as to disrupt or in any other way adversely affect the activities of traditional and locally based fishermen and fishing vessels; (6) to use a vessel to fish in a manner incon- sistent with an order issued by the Secretary under section 973i of this title; or (7) except for circumstances involving force majeure and other emergencies involving the health or safety of crew members or the safety of the vessel, to use an aircraft in association with the fishing activities of a vessel unless it is identified in the license application for the vessel, or any amendment thereto. (Pub. L. 100–330, § 5, June 7, 1988, 102 Stat. 592.) § 973d. Exceptions (a) The prohibitions of section 973c of this title and the licensing requirements of section 973g of this title shall not apply to fishing for albacore tuna by vessels using the trolling method or to fishing by vessels using the longline method in the high seas areas of the Treaty area. (b) The prohibitions of section 973c(a)(4), (a)(5), and (b)(3) of this title shall not apply to fishing under the terms and conditions of an arrange- ment which has been reached under paragraph 3 of Article 3 of the Treaty and which, pursuant to a decision by the Secretary of State under sec- tion 973p of this title, is covered by Article 4 and paragraph 6 of Article 5 of the Treaty. (Pub. L. 100–330, § 6, June 7, 1988, 102 Stat. 594; Pub. L. 108–219, title IV, § 402, Apr. 13, 2004, 118 Stat. 617.) Editorial Notes AMENDMENTS 2004—Subsec. (a). Pub. L. 108–219 substituted ‘‘or to fishing by vessels using the longline method in the high seas areas of the Treaty area’’ for ‘‘outside of the 200 nautical mile fisheries zones of the Pacific Island Par- ties’’.