Section 973h - Enforcement(a) Federal responsibilities; utilization of personnel, etc., of other Federal and State agenciesThe provisions of this chapter shall be enforced by the Secretary in cooperation with the Secretary of State. The Secretary, after consultation with the Secretary of State, may by agreement, on a reimbursable basis or otherwise, utilize the personnel, services, equipment (including aircraft and vessels), and facilities of any other Federal agency and of any State agency in the performance of these duties.
(b) Investigation and report of alleged Treaty infringement involving U.S. vessel; notice requirements to operator of vessel; comments, information, or evidence by operator(1) The Secretary shall, at the request of a Pacific Island Party made to the Secretary of State, fully investigate any alleged infringement 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 Secretary shall notify the operator of any vessel concerned regarding-(A) the nature of the investigation;(B) the right of the operator to submit comments, information, or evidence bearing on the investigation and to receive, upon the operator's timely written request to the Secretary, an opportunity to present such comments, information, or evidence orally to the Secretary or the Secretary's representative within 30 days after receipt of such notification.(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 accordance with paragraph 8 of Article 4 of the Treaty that the proceedings will be instituted. Such notice shall include a statement of the facts believed to show an infringement of the Treaty and the nature of the proposed proceedings, including 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 notice under Article 10 of the Treaty.(2) The Pacific Island Party exercising jurisdiction over the waters involved in such a legal proceeding shall be promptly notified by the Secretary, through the Secretary of State, concerning 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 process-(i) arrest any person, if he has reasonable cause to believe that the person has committed any act subject to prosecution under section 973e of this title;(ii) board, and search or inspect, any fishing vessel which is subject to the provisions of this chapter; or(iii) seize samples of fish or items for evidence (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 convenient port of the United States for investigation when an investigation has been requested by a Pacific Island Party in accordance 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 investigate 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 operation of the vessel.(3) Nothing in this chapter shall be construed to limit the enforcement of this or other applicable Federal laws under section 891 of title 14.(e) Exclusive jurisdictionThe district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this chapter.
1See References in Text note below.
Pub. L. 100-330, §10, June 7, 1988, 102 Stat. 597.EDITORIAL NOTES
REFERENCES IN TEXTSection 89 of title 14, referred to in subsec. (d)(3), redesignated 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 redesignated section, see section 123(b)(1) of Pub. L. 115-282 set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115-282 note preceding section 101 of Title 14, Coast Guard.
- Authorized Officer
- The term "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.
- Pacific Island Party
- The term "Pacific Island Party" means a Pacific Island nation which is a party to the Treaty.
- Party
- The term "Party" means a nation which is a party to the Treaty.
- Secretary
- The term "Secretary" means the Secretary of Commerce, or the designee of the Secretary of Commerce.
- State
- The term "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.
- Treaty
- 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.
- operator
- The term "operator" means any person who is in charge of, directs or controls a vessel, including the owner, charterer, and master.
- person
- 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 foreign government or any entity of any such government.