Page:United States Statutes at Large Volume 102 Part 1.djvu/637

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PUBLIC LAW 100-330—JUNE 7, 1988

102 STAT. 599

(c) The Secretary shall rescind any order issued on the basis of a finding under subsection (a)(l)(C) or (D) of this section as soon as the Secretary determines that the facts underlying the finding do not apply. (d) No order issued in accordance with this section is subject to judicial review. (e) Upon a request by the Secretary, the Attorney General shall commence a civil action for appropriate relief, including permanent or temporary injunction, to enforce any order issued by the Secretary under this section. SEC. 12. REPORTING.

16 USC 973j.

(a) Holders of licenses shall comply with the reporting requirements of part 4 of Annex I to the Treaty. (b) Information provided by license holders in Schedules 5 and 6 of Annex I of the Treaty shall be provided to the Secretary for transmittal to the Administrator and to an entity designated by the license holder. Such information thereafter shall not be released ClassiHed and shall be maintained as confidential by the Secretary, including information. information requested under the Freedom of Information Act, unless disclosure is required under court order or unless the information is essential for an enforcement action under section 5, 10(b), 10(c), or 11 of this Act, or any other proper law enforcement action. SEC. 13. CLOSED AREA STOWAGE REQUIREMENTS.

16 USC 973k.

At all times while a vessel is in a Closed Area, the fishing gear of the vessel shall be stowed in such a manner as not to be readily available for fishing. In particular, the boom shall be lowered as far as possible so that the vessel cannot be used for fishing, but so that the skiff is accessible for use in emergency situations; the helicopter, if any, shall be tied down; and launches shall be secured. SEC. 14. OBSERVERS.

(a) The operator and each member of the crew of a vessel shall allow and assist any individual identified as an observer under the Treaty by the Pacific Island Parties— (1) to board the vessel for scientific, compliance, monitoring and other functions at the point and time notified by the Pacific Island Parties to the Secretary; (2) without interfering unduly with the lawful operation of the vessel, to have full access to and use of facilities and equipment on board the vessel which the observer may determine are necessary to carry out observer duties; have full access to the bridge, fish on board, and areas which may be used to hold, process, weigh, and store fish; remove samples; have full access to the vessel's records, including its log and documentation for the purpose of inspection and copjring; and gather any other information relating to fisheries in the Licensing Area; (3) to disembark at the point and time notified by the Pacific Island Parties to the Secretary; and (4) to carry out observer duties safely. (b) The operator shall provide any such observer, while on board the vessel, at no expense to the Pacific Island Parties, with food, accommodation, and medical facilities of such reasonable standard as may be acceptable to the Pacific Island Party whose representative is serving as the observer.

16 USC 973Z.

Records. Public information.

Safety.

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