16 USC 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 accordance with section 973h(b) of this title, the Secretary, with the concurrence of the Secretary of State, and upon the request of the Pacific Island Party concerned, may order a fishing vessel which has not submitted to the jurisdiction of that Pacific Island Party to leave immediately the Licensing Area, all Limited Areas, and all Closed Areas upon making a finding—
(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 paragraph 2 of Article 3 of the Treaty, such fishing 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 Officer, or observer was allegedly assaulted with resultant bodily harm, physically threatened, forcefully resisted, refused boarding, or subjected to physical intimidation or physical interference in the performance 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 deriving 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 infringement
Terms Used In 16 USC 973i
- Authorized Officer: means any officer who is authorized by the Secretary, or the Secretary of the department in which the Coast Guard is operating, or the head of any Federal or State agency which has entered into an enforcement agreement with the Secretary under section 973h(a) of this title. See 16 USC 973
- Authorized Party Officer: means any officer authorized by a Pacific Island Party to enforce the provisions of the Treaty. See 16 USC 973
- fishing: means &mdash. See 16 USC 973
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Licensing Area: means all waters in the Treaty Area except for&mdash. See 16 USC 973
- Pacific Island Party: means a Pacific Island nation which is a party to the Treaty. See 16 USC 973
- Party: means a nation which is a party to the Treaty. See 16 USC 973
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Secretary: means the Secretary of Commerce, or the designee of the Secretary of Commerce. See 16 USC 973
- Service of process: The service of writs or summonses to the appropriate party.
- State: means each of the several States, the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, American Samoa, the Virgin Islands, Guam, and any other Commonwealth, territory, or possession of the United States. See 16 USC 973
- 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. See 16 USC 973
- Treaty Area: means the area so described in paragraph 1(k) of Article 1 of the Treaty. See 16 USC 973
- 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. See 16 USC 973
Upon being advised by the Secretary of State that proper notification to Parties has been made under paragraph 7 of Article 5 of the Treaty that a Pacific Island Party is investigating an alleged infringement of the Treaty by a vessel in waters under the jurisdiction of such Pacific 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 Secretary determines that the facts underlying the finding do not apply.
(d) Prohibition on judicial review of orders
No order issued in accordance with this section 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 appropriate relief, including permanent or temporary injunction, to enforce any order issued by the Secretary under this section.