Sec. 9. LICENSES
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## SEC. 9 LICENSES **[**[16 U.S.C. 973g](/us/usc/t16/s973g)**]** ###
(a)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)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 required under the Treaty shall be paid in accordance with the Treaty and any procedures established by the Secretary. ###
(d)Licenses shall be valid for the licensing period specified by the Administrator. ###
(e)The Secretary may establish a system of allocating licenses in the event more applications are received than there are licenses available. ###
(f)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 Act. ###
(g)Notwithstanding the requirements of— ####
(1)section 12113 of title 46, United States Code; ####
(2)the general permit issued on December 1, 1980, to the American Tunaboat Association under section 104(h)(1) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1374(h)(1)); and ####
(3)sections 104(h)(2) and 306(a) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1374(h)(2) and 1416(a))—3 3So in law. The em dash at the end of paragraph
(3)probably should be a comma. any vessel documented under the laws of the United States as of the date of enactment of the Fisheries Act of 1995 (Public Law 104–43) 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 Act, 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.
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U.S. Code
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- Pub. L. 104-43
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