16 U.S.C. § 973p — Additional agreements

Page 1586 TITLE 16—CONSERVATION § 973m full access to the vessel’s records, including its log and documentation for the purpose of in- spection and copying; and gather any other in- formation relating to fisheries in the Licens- ing Area; (3) to disembark at the point and time noti- fied by the Pacific Island Parties to the Sec- retary; and (4) to carry out observer duties safely. (b) Free provision of food, etc., while on vessel The operator shall provide any such observer, while on board the vessel, at no expense to the Pacific Island Parties, with food, accommoda- tion, and medical facilities of such reasonable standard as may be acceptable to the Pacific Is- land Party whose representative is serving as the observer. (c) Removal of fish samples and gathering of other information relating to fisheries The operator of any vessel from which any fish taken in the Licensing Area is unloaded shall allow, or arrange for, and assist any individual so authorized by the Pacific Island Parties to have full access to any place where such fish is unloaded, to remove samples, and to gather any other information relating to fisheries in the Li- censing Area. (Pub. L. 100–330, § 14, June 7, 1988, 102 Stat. 599.) § 973m. Technical assistance The United States tuna industry shall provide $250,000 annually in technical assistance, includ- ing provision of assistance by technicians, in re- sponse to requests coordinated through the Ad- ministrator. The Secretary of State shall des- ignate an entity to coordinate the provision of such technical assistance as provided by the United States tuna industry and to provide an annual report to the Secretary of State regard- ing the provision of such technical assistance. (Pub. L. 100–330, § 15, June 7, 1988, 102 Stat. 600.) § 973n. Arbitration In the event of a dispute requiring the estab- lishment of an arbitral tribunal under Article 6 of the Treaty, the Secretary of State, in con- sultation with the Secretary, shall appoint the arbitrator to be appointed by the United States under paragraph 3 of that Article, and shall rep- resent the United States in reaching agreement under such paragraph with each Pacific Island Party involved concerning the appointment of the presiding arbitrator of the tribunal. (Pub. L. 100–330, § 16, June 7, 1988, 102 Stat. 600.) § 973o. Disposition of fees, penalties, forfeitures, and other moneys To the extent required by Article 4 of the Treaty, an amount equivalent to the total value of any fine, penalty, or other amount collected as a result of any action, judicial or otherwise, taken pursuant to sections 973e and 973f of this title shall be paid by the United States through the Secretary of State to the Administrator as soon as reasonably possible following the date that such amount is collected. (Pub. L. 100–330, § 17, June 7, 1988, 102 Stat. 600.) § 973p. Additional agreements Within 30 days after the Secretary of State’s receipt of notice from a Pacific Island Party that it has concluded an arrangement pursuant to paragraph 3 of Article 3 of the Treaty, the Secretary of State shall consult with the Sec- retary concerning whether the procedures of Ar- ticle 4 and paragraph 6 of Article 5 of the Treaty should be made applicable to such arrangement. At the conclusion of the consultations the Pa- cific Island Party and all other persons agreeing to the arrangement shall be notified by the Sec- retary of State of the resulting decision. (Pub. L. 100–330, § 18, June 7, 1988, 102 Stat. 600.) § 973q. Secretary of State to act for United States The Secretary of State is authorized to receive on behalf of the United States reports, requests, and other communications from the Adminis- trator and to act thereon directly or by ref- erence to the appropriate authorities. The Sec- retary of State, after consultations with the Secretary, may accept or reject, on behalf of the United States, changes or amendments to Annex I of the Treaty and its Schedules and Annex II to the Treaty and its Schedules. (Pub. L. 100–330, § 19, June 7, 1988, 102 Stat. 600.) § 973r. Authorization of appropriations (a) There are authorized to be appropriated for fiscal years 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, and 2002 such sums as may be necessary for carrying out the purposes and pro- visions of the Treaty and this chapter includ- ing— (1) for fiscal years 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, and 2002, an amount not to exceed $350,000 annually to the Depart- ment of Commerce for administrative ex- penses; and (2) for fiscal years 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, and 2002, an amount not to exceed $50,000 annually to the Depart- ment of State for administrative expenses. (b) Funds appropriated for the purposes of the Treaty may be used notwithstanding any of the provisions of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or of any appropriations Act that imposes restrictions on the mainte- nance or use of cash transfer assistance, which are inconsistent with the provisions of the Trea- ty. (Pub. L. 100–330, § 20, June 7, 1988, 102 Stat. 601; Pub. L. 102–523, § 3(b), Oct. 26, 1992, 106 Stat. 3433.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (b), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables. AMENDMENTS 1992—Subsec. (a). Pub. L. 102–523 substituted ‘‘1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, and 2002’’ for ‘‘1988, 1989, 1990, 1991, and 1992’’ in three places.