---
kind: "section"
citation: "16 U.S.C. § 973h"
title: "16"
title_heading: "Conservation"
number: "973h"
heading: "Enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/973h"
units:
  - "Chapter 16C — South Pacific Tuna Fishing"
---

# §973h. Enforcement

- (a) **Federal responsibilities; utilization of personnel, etc., of other Federal and State agencies—** The provisions of this chapter shall be enforced by the [Secretary](/usc/16/973.md?p=14) in cooperation with the Secretary of State. The [Secretary](/usc/16/973.md?p=14), 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](/usc/16/973.md?p=7)), and facilities of any other Federal agency and of any [State](/usc/16/973.md?p=15) 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](/usc/16/973.md?p=14) shall, at the request of a [Pacific Island Party](/usc/16/973.md?p=11) made to the Secretary of State, fully investigate any alleged infringement of the [Treaty](/usc/16/973.md?p=16) involving a [vessel](/usc/16/973.md?p=7) 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](/usc/16/973.md?p=14) in regard to the alleged infringement.
  - (2) Upon commencement of an investigation under paragraph (1) of this subsection, the [Secretary](/usc/16/973.md?p=14) shall notify the [operator](/usc/16/973.md?p=10) of any [vessel](/usc/16/973.md?p=7) concerned regarding—
    - (A) the nature of the investigation;
    - (B) the right of the [operator](/usc/16/973.md?p=10) to submit comments, information, or evidence bearing on the investigation and to receive, upon the [operator](/usc/16/973.md?p=10)’s timely written request to the [Secretary](/usc/16/973.md?p=14), an opportunity to present such comments, information, or evidence orally to the [Secretary](/usc/16/973.md?p=14) or the [Secretary](/usc/16/973.md?p=14)’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](/usc/16/973.md?p=16) in waters within the jurisdiction of a [Pacific Island Party](/usc/16/973.md?p=11), the [Secretary](/usc/16/973.md?p=14), through the Secretary of State, shall notify the [Pacific Island Party](/usc/16/973.md?p=11) in accordance with the [Treaty](/usc/16/973.md?p=16) that the proceedings will be instituted. Such notice shall include a statement of the facts believed to show an infringement of the [Treaty](/usc/16/973.md?p=16) and the nature of the proposed proceedings, including any proposed charges and any proposed penalties. The [Secretary](/usc/16/973.md?p=14) shall not institute such proceedings if the [Pacific Island Party](/usc/16/973.md?p=11) objects within 30 days after the effective date of the notice under the [Treaty](/usc/16/973.md?p=16).
  - (2) The [Pacific Island Party](/usc/16/973.md?p=11) exercising jurisdiction over the waters involved in such a legal proceeding shall be promptly notified by the [Secretary](/usc/16/973.md?p=14), 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](/usc/16/973.md?p=2) may—
    - (A) with or without a warrant or other process—
      - (i) arrest any [person](/usc/16/973.md?p=12), if he has reasonable cause to believe that the [person](/usc/16/973.md?p=12) has committed any act subject to prosecution under [section 973e of this title](/usc/16/973e.md);
      - (ii) board, and search or inspect, any [fishing vessel](/usc/16/973.md?p=7) which is subject to the provisions of this chapter;
      - (iii) seize samples of fish or items for evidence (other than the [vessel](/usc/16/973.md?p=7) or its [fishing](/usc/16/973.md?p=6) gear or equipment) related to any [violation](/usc/16/620e.md?p=11) of any provision of this chapter; or
      - (iv) order a [vessel](/usc/16/973.md?p=7) into the most convenient port of the United States for investigation when an investigation has been requested by a [Pacific Island Party](/usc/16/973.md?p=11) in accordance with the [Treaty](/usc/16/973.md?p=16) 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](/usc/16/620e.md?p=11) of the [Treaty](/usc/16/973.md?p=16) to the same extent authorized to investigate alleged [violations](/usc/16/620e.md?p=11) of this chapter.
  - (2) To the extent possible, [Authorized Officers](/usc/16/973.md?p=2) 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](/usc/16/973.md?p=7).
  - (3) Nothing in this chapter shall be construed to limit the enforcement of this or other applicable Federal laws under section 89[^1] of title 14.
- (e) **Exclusive jurisdiction—** The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this chapter.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 100–330, § 10, June 7, 1988, 102 Stat. 597; Pub. L. 119–60, div. H, title LXXXIV, § 8418, Dec. 18, 2025, 139 Stat. 1917.)

## Notes

### Editorial Notes

### References in Text

Section 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.

### Amendments

2025—Subsec. (c)(1). Pub. L. 119–60, § 8418(a), struck out “paragraph 8 of Article 4 of” after “in accordance with” in first sentence and “Article 10 of” after “the notice under” in third sentence.

Subsec. (d)(1)(A)(ii). Pub. L. 119–60, § 8418(b)(1), struck out “or” at end.

Subsec. (d)(1)(A)(iii). Pub. L. 119–60, § 8418(b)(2), inserted “or” at end.