§973h. Enforcement — Inbound Citations
16 U.S.C. § 973h
Cited by 2 provisions in release 119-102.
Citations to §973h(a)
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(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 973h(a) of this title.
Citations to §973h(b)
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(a) 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 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 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 under the jurisdiction 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 paragraph (3) of section 973c(a) or paragraph (2) or (3) of section 973c(b) of this title;(B) used an aircraft in violation of section 973c(b)(6) of this title; or(C) was involved in an incident in which section 973c(a)(5) of this title was violated.