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

# §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](/usc/16/973h.md?p=b), the [Secretary](/usc/16/973.md?p=14), with the concurrence of the Secretary of State, and upon the request of the [Pacific Island Party](/usc/16/973.md?p=11) concerned, may order a [fishing vessel](/usc/16/973.md?p=7) which has not submitted to the jurisdiction of that [Pacific Island Party](/usc/16/973.md?p=11) to leave immediately the [Licensing Area](/usc/16/973.md?p=8) and all [Closed Areas](/usc/16/973.md?p=5) upon making a finding—
  - (1) that the [fishing vessel](/usc/16/973.md?p=7)—
    - (A) while [fishing](/usc/16/973.md?p=6) in the [Licensing Area](/usc/16/973.md?p=8) did not have a license under the [Treaty](/usc/16/973.md?p=16) to fish in the [Licensing Area](/usc/16/973.md?p=8), and that under the [Treaty](/usc/16/973.md?p=16), such [fishing](/usc/16/973.md?p=6) is not authorized to be conducted in the [Licensing Area](/usc/16/973.md?p=8) without a license;
    - (B) was involved in any incident in which an [Authorized Officer](/usc/16/973.md?p=2), [Authorized Party Officer](/usc/16/973.md?p=3), 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](/usc/16/973.md?p=16);
    - (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](/usc/16/620e.md?p=11) in waters under the jurisdiction of a [Pacific Island Party](/usc/16/973.md?p=11); or
    - (D) was not represented by an agent for service of process in accordance with the [Treaty](/usc/16/973.md?p=16); or
  - (2) that there is probable cause to believe that the [fishing vessel](/usc/16/973.md?p=7)—
    - (A) was used in [violation](/usc/16/620e.md?p=11) of [paragraph (3)](/usc/16/973c.md?p=a-3) of section 973c(a) or paragraph (2) or (3) of [section 973c(b) of this title](/usc/16/973c.md?p=b);
    - (B) used an aircraft in [violation](/usc/16/620e.md?p=11) of [section 973c(b)(6) of this title](/usc/16/973c.md?p=b-6); or
    - (C) was involved in an incident in which [section 973c(a)(5) of this title](/usc/16/973c.md?p=a-5) was violated.
- (b) **Order of vessel to leave waters where Pacific Island Party investigating alleged Treaty infringement—** Upon being advised by the Secretary of State that proper notification to Parties has been made under the [Treaty](/usc/16/973.md?p=16) that a [Pacific Island Party](/usc/16/973.md?p=11) is investigating an alleged infringement of the [Treaty](/usc/16/973.md?p=16) by a [vessel](/usc/16/973.md?p=7) in waters under the jurisdiction of such [Pacific Island Party](/usc/16/973.md?p=11), the [Secretary](/usc/16/973.md?p=14) shall order the [vessel](/usc/16/973.md?p=7) to leave such waters until the Secretary of State notifies the [Secretary](/usc/16/973.md?p=14) that such order is no longer necessary.
- (c) **Rescission of orders—** The [Secretary](/usc/16/973.md?p=14) shall rescind any order issued on the basis of a finding under subsection [(a)(1)(C)](#a-1-C) or (D) of this section as soon as the [Secretary](/usc/16/973.md?p=14) 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](/usc/16/973.md?p=14), the Attorney General shall commence a civil action for appropriate relief, including permanent or temporary injunction, to enforce any order issued by the [Secretary](/usc/16/973.md?p=14) under this section.

## Source credit

(Pub. L. 100–330, § 11, June 7, 1988, 102 Stat. 598; Pub. L. 100–350, § 4(3), June 27, 1988, 102 Stat. 660; Pub. L. 119–60, div. H, title LXXXIV, § 8419, Dec. 18, 2025, 139 Stat. 1917.)

## Notes

### Editorial Notes

### Amendments

2025—Subsec. (a). Pub. L. 119–60, § 8419(a)(1), struck out “, all Limited Areas,” after “the Licensing Area”.

Subsec. (a)(1)(A). Pub. L. 119–60, § 8419(a)(2)(A), struck out “paragraph 2 of Article 3 of” after “and that under”.

Subsec. (a)(1)(C). Pub. L. 119–60, § 8419(a)(2)(B), substituted “under the jurisdiction” for “within the Treaty Area”.

Subsec. (a)(2)(A). Pub. L. 119–60, § 8419(a)(3)(A), substituted “paragraph (3) of section 973c(a) or paragraph (2) or (3) of section 973c(b)” for “section 973c(a)(4), (a)(5), (b)(2), or (b)(3)”.

Subsec. (a)(2)(B). Pub. L. 119–60, § 8419(a)(3)(B), substituted “section 973c(b)(6)” for “section 973c(b)(7)”.

Subsec. (a)(2)(C). Pub. L. 119–60, § 8419(a)(3)(C), substituted “section 973c(a)(5)” for “section 973c(a)(7)”.

Subsec. (b). Pub. L. 119–60, § 8419(b), struck out “paragraph 7 of Article 5 of” after “Parties has been made under”.

1988—Subsec. (a)(2)(C). Pub. L. 100–350 substituted “section 973c(a)(7) of this title” for “section 973c(b)(7) of this title”.