Licenses

16 U.S.C. § 973g

• Title: 16 — Conservation
• Chapter: 16C — SOUTH PACIFIC TUNA FISHING

Text

(a) Issuance; establishment of procedures; designation of agent for service of legal process in license application; reception and response to process
Licenses to fish in the Licensing Area, to be issued by the Administrator in accordance with the Treaty, may be requested from the Secretary by operators of vessels, under procedures established by the Secretary. The license application shall designate an agent for the service of legal process to be located in Port Moresby, Papua New Guinea. The applicant shall ensure that the designated agent for service of process, acting on behalf of the license holder, will receive and respond to any legal process issued in accordance with the Treaty and will, within 21 days after notification, travel if necessary for this purpose to any Pacific Island Party at no expense to that Party.
(b) Forwarding of vessel license application
In accordance with subsection (e), and except as provided in subsection (f), the Secretary shall forward a vessel license application to the Administrator whenever such application is in accordance with application procedures established by the Secretary.
(c) Fees
Fees required under the Treaty shall be paid in accordance with the Treaty and any procedures established by the Secretary.
(d) Period of validity
Licenses shall be valid for the licensing period specified by the Administrator.
(e) Allocation system
The Secretary may establish a system of allocating licenses in the event more applications are received than there are licenses available.
(f) Grounds for denial of forwarding of license application
The Secretary, in consultation with the Secretary of State, may determine that a license application should not be forwarded to the Administrator if—
(1) the application is not in accordance with the Treaty or the procedures established by the Secretary; or
(2) the owner or charterer—
(A) is the subject of proceedings under the bankruptcy laws of the United States, unless reasonable financial assurances have been provided to the Secretary;
(B) has not established to the satisfaction of the Secretary that the fishing vessel is fully insured against all risks and liabilities normally provided in maritime liability insurance; or
(C) has not paid any penalty which has become final, assessed by the Secretary in accordance with this chapter.
(g) Grandfathering of vessels documented before November 3, 1995
Notwithstanding the requirements of—
(1) section 12113 of title 46;
(2) the general permit issued on December 1, 1980, to the American Tunaboat Association under section 1374(h)(1) of this title; and
(3) sections 1374(h)(2) and 1416(a) of this title— 1
any vessel documented under the laws of the United States as of November 3, 1995, for which a license has been issued under subsection (a) may fish for tuna in the Licensing Area, and on the high seas and in waters subject to the jurisdiction of the United States west of 146 west longitude and east of 129.5 east longitude in accordance with international law, subject to the provisions of the Treaty, this chapter, and other applicable law, provided that no such vessel intentionally deploys a purse seine net to encircle any dolphin or other marine mammal in the course of fishing.

History

(Pub. L. 100–330, §9, June 7, 1988, 102 Stat. 596; Pub. L. 104–43, title VIII, §801, Nov. 3, 1995, 109 Stat. 395; Pub. L. 119–60, div. H, title LXXXIV, §8417, Dec. 18, 2025, 139 Stat. 1916.)

Editorial Notes

Editorial Notes

Amendments
2025—Subsec. (b). Pub. L. 119–60, §8417(a), amended subsec. (b) generally. Prior to amendment, text read as follows: "Except as provided in subsections (e), (f), and (g) of this section, the Secretary shall forward a vessel license application to the Secretary of State for transmittal to the Administrator whenever such application is in accordance with application procedures established by the Secretary, includes a complete application form as required by Annex II of the Treaty, and is accompanied by the required license fee."
Subsec. (c). Pub. L. 119–60, §8417(b), amended subsec. (c) generally. Prior to amendment, text read as follows:
"(1) In the initial year of implementation, fees for the first 40 vessel licenses shall be at least $50,000 each, for any 10 vessel licenses in addition to the first 40 shall be $60,000 each, and for vessel licenses in addition to the first 50 shall be in accordance with Annex II of the Treaty.
"(2) After such initial year, fees for vessel licenses shall be paid in accordance with fee schedules established under Annex II of the Treaty and published by the Secretary."
Subsec. (f). Pub. L. 119–60, §8417(c)(2), (3), redesignated subsec. (g) as (f) and amended it generally. Prior to amendment, subsec. set forth grounds for denial of forwarding license applications. Former subsec. (f) struck out.
Pub. L. 119–60, §8417(c)(1), struck out subsec. (f) which provided for minimum fees required to be received in initial year of implementation for forwarding and transmittal of license applications.
Subsec. (g). Pub. L. 119–60, §8417(c)(4)(D), in concluding provisions, substituted "any vessel documented under the laws of the United States as of November 3, 1995, for which a license has been issued under subsection (a) may fish for tuna in the Licensing Area, and on the high seas and in waters subject to the jurisdiction of the United States west of 146 west longitude and east of 129.5 east longitude in accordance with international law, subject to the provisions of the Treaty, this chapter, and other applicable law, provided that no such vessel intentionally deploys a purse seine net to encircle any dolphin or other marine mammal in the course of fishing." for "any vessel documented under the laws of the United States as of November 3, 1995, for which a license has been issued under subsection (a) may fish for tuna in the Treaty Area, including those waters subject to the jurisdiction of the United States in accordance with international law, subject to the provisions of the treaty and this chapter, provided that no such vessel fishing in the Treaty Area intentionally deploys a purse seine net to encircle any dolphin or other marine mammal in the course of fishing under the provisions of the Treaty or this chapter."
Pub. L. 119–60, §8417(c)(2), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).
Subsec. (g)(1). Pub. L. 119–60, §8417(c)(4)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "section 1 of the Act of August 26, 1983 (97 Stat. 587; 46 U.S.C. 12108);".
Subsec. (g)(2). Pub. L. 119–60, §8417(c)(4)(B), made technical amendment to reference in original act which appears in text as reference to section 1374(h)(1) of this title.
Subsec. (g)(3). Pub. L. 119–60, §8417(c)(4)(C), made technical amendment to reference in original act which appears in text as reference to sections 1374(h)(2) and 1416(a) of this title.
Subsec. (h). Pub. L. 119–60, §8417(c)(2), redesignated subsec. (h) as (g).
1995—Subsec. (h). Pub. L. 104–43 added subsec. (h).