« PreviousContinue »
erty with sufficient surety to be approved by a judge of the district court having jurisdiction of the offense, conditioned to deliver the fish seized, if condemned, without impairment in value or, in the discretion of the court, to pay its equivalent value in money or otherwise to answer the decree of the court in such cause. Such bond or stipulation shall be returned to the court and judgment thereon against both the principal and sureties may be recovered in event of any breach of the conditions thereof as determined by the court. In the discretion of the accused, and subject to the direction of the court, the fish may be sold for not less than its reasonable market value and the proceeds of such sale placed in the registry of the court pending judgment in the case.
Sec. 11.19 None of the prohibitions contained in this Act or in the laws and regulations of the States shall prevent the commissions from conducting or authorizing the conduct of fishing operations and biological experiments at any time for the purpose of scientific investigations as authorized by the conventions, or shall prevent the commissions from discharging any of its or their functions or duties prescribed by the conventions.
Sec. 12.20 There is hereby authorized to be appropriated from time to time, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of each convention and of this Act, including
(a) contributions to each commission for the United States share of any joint expenses of the commission and the expenses of the United States Commissioners and their staff, including personal services in the District of Columbia and elsewhere;
(b) travel expenses without regard to the Standardized Government Travel Regulations, as amended, the Travel Expense Act of 1949, or section 10 of the Act of March 3, 1933 (U.S.C., title 5, sec. 73b);
(c) printing and binding without regard to section 11 of the Act of March 1, 1919 (U.S.C., title 44, sec. 111), or section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5);
(d) stenographic and other services by contract, if deemed necessary, without regard to section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5); and
(e) purchase, hire, operation, maintenance, and repair of aircraft, motor vehicles (including passenger-carrying vehicles),
boats and research vessels. Sec. 13. If any provision of this Act or the application of such provision to any circumstances or persons shall be held invalid, the validity of the remainder of the Act and the applicability of such provision to other circumstances or persons shall not be affected thereby.
Sec. 14. This Act shall take effect with respect to each of the conventions upon the entry into force of that convention unless such entry into force shall be prior to the date of approval of this Act in which case this Act shall take effect immediately.
19 16 U.S.C. 960. 20 16 U.S.C. 961.
b. South Pacific Tuna Act of 1988
Public Law 100-330 (S. 1989), 102 Stat. 591, approved June 7, 1988; as amended by
Public Law 100-350 (H.R. 4621), 102 Stat. 660, approved June 27, 1988
AN ACT To implement the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "South Pacific Tuna Act of 1988”. SEC. 2.1 DEFINITIONS. As used in this Act
(1) The term “Administrator" means the individual or organization designated by the Pacific Island Parties to act on their behalf under the Treaty and notified to the United States Government.
(2) 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 10(a) of this Act.
(3) The term "Authorized Party Officer" means any officer authorized by a Pacific Island Party to enforce the provisions of the Treaty.
(4) The term "applicable national law” means any provision of law of a Pacific Island Party which is described in paragraph 1(a) of Annex I of the Treaty.
(5) The term “Closed Area” means any of the closed areas
(A) searching for, catching, taking, or harvesting fish;
(C) engaging in any other activity which can reasonably be expected to result in the locating, catching, taking, or harvesting of fish;
(D) placing, searching for, or recovering fish aggregating devices or associated electronic equipment such as radio beacons;
(E) any operations at sea directly in support of, or in preparation for, any activity described in this paragraph;
(F) aircraft use, relating to the activities described in this paragraph except for flights in emergencies involving the health or safety of crew members or the safety of a
1 16 U.S.C. 973.
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 waters 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 accordance 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 vessel, including the owner, charterer, and master.
(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 foreign government or any entity of any such government.
(15) The term "Secretary" means the Secretary of Commerce, or the designee of the Secretary of Commerce.
(16) 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.
(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. SEC. 3.2 APPLICATION TO OTHER LAWS.
The seizure by a Pacific Island Party of a vessel of the United States shall not be determined to be a seizure described in section 205(a)(4)(C) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1825(a)(4)(C)) or section 2 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1972) if the seizure is found by the Secretary of State to be in accordance with the provisions of the Treaty.
2 16 U.S.C. 973a.
SEC. 4.3 REGULATIONS.
The Secretary of Commerce, with the concurrence of the Secretary of State and after consultation 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 Act. These regulations shall be made applicable as necessary to all persons and vessels subject to the jurisdiction of the United States, wherever located. SEC. 5.* PROHIBITED ACTS.
(a) Except as provided in section 6 of this Act, it is unlawful for any person subject to the jurisdiction of the United States
(1) to violate any provision of this Act or any regulation or order issued pursuant to this Act;
(2) to use a vessel for fishing in violation of an applicable national law;
(3) who has entered into a fishing arrangement 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 18 of this Act that Article 4 and paragraph 6 of Article 5 of the Treaty shall apply to the arrangement;
(4) to use a vessel for fishing in any Limited Area in violation of any requirement in Schedule 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 Act, or to fail to submit any required information, or to fail to report to the Secretary immediately any change in circumstances which has the effect 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 Act or the Treaty has occurred;
(8) to refuse to permit any Authorized Officer or Authorized Party Officer to board a fishing vessel for purposes of conducting a search or inspection in connection with the enforcement of this Act 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, impede, intimidate, or interfere with
(A) any Authorized Officer or Authorized Party Officer in the conduct of a search or inspection in connection with the enforcement of this Act 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 prohibited by this section;
3 16 U.S.C. 973b. * 16 U.S.C. 973c.
(12) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by this section; or
(13) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish taken or retained in violation of this Act or any regulation, permit, or the Treaty, with the knowledge that the fish were so
taken or retained. (b) Except as provided in section 6 of this Act, it is unlawful for any person subject to the jurisdiction of the United States when in the Licensing Area
(1) to use a vessel to fish unless validly licensed 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 license:
(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 inconsistent with an order issued by the Secretary under section 11 of this Act; 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 there
to. SEC. 6.5 EXCEPTIONS.
(a) The prohibitions of section 5 of this Act and the licensing requirements of section 9 of this Act shall not apply to fishing for albacore tuna by vessels using the trolling method outside of the 200 nautical mile fisheries zones of the Pacific Island Parties.
(b) The prohibitions of section 5 (a)(4), (a)(5), and (b)(3) of this Act shall not apply to fishing under the terms and conditions of an arrangement 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 section 18 of this Act, is covered by Article 4 and paragraph 6 of Article 5 of the Treaty. SEC. 7.6 CRIMINAL OFFENSES.
(a) A person is guilty of a criminal offense if he or she commits any act prohibited by section 5(a) (8), (10), (11), or (12) of this Act.
(b) Any offense described in subsection (a) of this section is punishable by a fine of not more than $50,000, or imprisonment for not more than 6 months, or both; except that if in the commission of
5 16 U.S.C. 973d. 6 16 U.S.C. 973e.