Page:United States Statutes at Large Volume 102 Part 1.djvu/636

 102 STAT. 598

Courts, U.S. 16 USC 973i.

PUBLIC LAW 100-330—JUNE 7, 1988

(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 of the Treaty to the same extent authorized to investigate alleged violations of this Act. (2) To the extent possible, Authorized Officers shall exercise their powers under paragraph (I)(A) (ii), (iii), and (iv) of this subsection so as not to interfere unduly with the lawful operation of the vessel. (3) Nothing in this Act shall be construed to limit the enforcement of this or other applicable Federal laws under section 89 of title 14, United States Oxle. (e) The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this Act. SEC. 11. FINDINGS BY THE SECRETARY.

(a) Following any investigation conducted in accordance with section 10(b) of this Act, 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, all Limited Areas, and all Closed Areas upon making a finding— (1) that thefishingvessel— (A) while fishing in the Licensing Area did not have a license under the Treaty to fish in the Licensing Area, and that under paragraph 2 of Article 3 of the l^^aty, 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 Qfificer, Authorized Party Officer, or observer was allegedly assaulted witii resultant bodily harm, physically threatened, forcefully resisted, refused boarding, or subjected to physical intiinidation or physical interference in the performance of duties as authorized by this Act 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 fined determination deriving from a violation in waters within the Treaty Area of a Pacific Island Party; or W) 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 (A) was vaed in violation of section 5(a)(4), (a)(5), (b)(2), or (b)(3) of this Act; CB) used an aircraft in violation of section 50i>X7); or (Q was involved in an incident in which section 5(b)(7) was violated. O> Upon being advised by the Secretary of State that proper t) notification to Parties has been made under paragraph 7 of Article 5 of the Treaty that a Pacific Island Party is investigating an alleged infi^igement of the Treaty by a vessel in waters under the jurisdiction^such Pacific Island Party, the Secretary shall order the vessel to leave such waters until the Secretary of State notifies the Secretary that such order is no longer necessary.

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