South Pacific Tuna Act of 1988 (16 U.S.C. 973g and 973j)

Status: Original and derived artifacts are available for this document.

Download: pdf

G:\COMP\OCEAN\SOUTH PACIFIC TUNA ACT OF 1988.XML

SOUTH PACIFIC TUNA ACT OF 1988
[Public Law 100–330, June 7, 1988, 102 Stat. 591]
[As Amended Through P.L. 119–60, Enacted December 18, 2025]
øCurrency: This publication is a compilation of the text of Public Law 100-330. It
was last amended by the public law listed in the As Amended Through note above
and below at the bottom of each page of the pdf version and reflects current law
through the date of the enactment of the public law listed at https://
www.govinfo.gov/app/collection/comps/¿
øNote: While this publication does not represent an official version of any Federal
statute, substantial efforts have been made to ensure the accuracy of its contents.
The official version of Federal law is found in the United States Statutes at Large
and in the United States Code. The legal effect to be given to the Statutes at
Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿
AN ACT To implement the Treaty on Fisheries Between the Governments of
Certain Pacific Island States and the Government of the United States of America.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That ø16 U.S.C.
973 note¿ this Act may be cited as the ‘‘South Pacific Tuna Act of
1988’’.
SEC. 2. ø16 U.S.C. 973¿ DEFINITIONS.

As used in this Act—
(1) The term ‘‘Administrator’’ means the individual or organization designated by the Pacific Island Parties to act on
their behalf under the Treaty and notified to the United States
Government.
(2) The term ‘‘Authorized Officer’’ means any officer who is
authorized by the Secretary, or the Secretary of the department in which the Coast Guard is operating, or the head of
any Federal or State agency which has entered into an enforcement agreement with the Secretary under section 10(a) of this
Act.
(3) The term ‘‘Authorized Party Officer’’ means any officer
authorized by a Pacific Island Party to enforce the provisions
of the Treaty.
(4) The term ‘‘applicable national law’’ means any provision of law of a Pacific Island Party which is noticed and in
effect in accordance with the Treaty.
(5) The term ‘‘Closed Area’’ means any area within the jurisdiction of a Pacific Island Party that is closed to vessels pursuant to a national law of that Pacific Island Party and is noticed and in effect in accordance with the Treaty.
(6) The term ‘‘fishing’’ means—
(A) searching for, catching, taking, or harvesting fish;
1
February 3, 2026

VerDate Nov 24 2008

13:14 Feb 03, 2026

As Amended Through P.L. 119-60, Enacted December 18, 2025

Jkt 000000

PO 00000

Frm 00001

Fmt 9001

Sfmt 9001

G:\COMP\OCEAN\SPTAO1.BEL

HOLC

G:\COMP\OCEAN\SOUTH PACIFIC TUNA ACT OF 1988.XML
Sec. 2

SOUTH PACIFIC TUNA ACT OF 1988

2

(B) attempting to search for, catch, take, or harvest
fish;
(C) engaging in any other activity which can reasonably be expected to result in the locating, catching, taking,
or harvesting of fish for any purpose;
(D) placing, searching for, or recovering fish aggregating devices or associated electronic equipment such as
radio beacons;
(E) any operations at sea directly in support of, or in
preparation for, any activity described in this paragraph;
or
(F) use of any other vessel, vehicle, aircraft, or hovercraft for any activity described in this paragraph except for
emergencies involving the health or safety of the crew or
the safety of a vessel.
(7) The term ‘‘fishing vessel’’ or ‘‘vessel’’ means any boat,
ship, or other craft which is used for, equipped to be used for,
or of a type normally used for commercial purse seine fishing
for tuna, and which is documented under the laws of the
United States.
(8) The term ‘‘Licensing Area’’ means all waters under the
jurisdiction of a Pacific Island Party, except for internal
waters, territorial seas, archipelagic waters, and any Closed
Area.
(9) The term ‘‘licensing period’’ means the period of validity of licenses issued in accordance with the Treaty.
(10) The term ‘‘operator’’ means any person who is in
charge of, directs or controls a vessel, including the owner,
charterer, and master.
(11) The term ‘‘Pacific Island Party’’ means a Pacific Island
nation which is a party to the Treaty.
(12) The term ‘‘person’’ means any individual (whether or
not a citizen or national of the United States), any corporation,
partnership, association, or other entity (whether or not organized or existing under the laws of any State), and any Federal, State, local, or foreign government or any entity of any
such government.
(13) The term ‘‘regional terms and conditions’’ means any
of the terms or conditions attached by the Administrator to a
license issued by the Administrator, as notified by the Secretary.
(14) The term ‘‘Secretary’’ means the Secretary of Commerce, or the designee of the Secretary of Commerce.
(15) The term ‘‘State’’ means each of the several States,
the District of Columbia, the Commonwealths of Puerto Rico
and the Northern Mariana Islands, American Samoa, the Virgin Islands, Guam, and any other Commonwealth, territory, or
possession of the United States.
(16) The term ‘‘Treaty’’ means the Treaty on Fisheries Between the Governments of Certain Pacific Island States and
the Government of the United States of America, signed in
Port Moresby, Papua New Guinea, April 2, 1987, and its Annexes, Schedules, and implementing agreements.
February 3, 2026

VerDate Nov 24 2008

13:14 Feb 03, 2026

As Amended Through P.L. 119-60, Enacted December 18, 2025

Jkt 000000

PO 00000

Frm 00002

Fmt 9001

Sfmt 9001

G:\COMP\OCEAN\SPTAO1.BEL

HOLC

G:\COMP\OCEAN\SOUTH PACIFIC TUNA ACT OF 1988.XML
3

SOUTH PACIFIC TUNA ACT OF 1988

Sec. 5

SEC. 3. ø16 U.S.C. 973a¿ APPLICATION TO OTHER LAWS.

The seizure by a Pacific Island Party of a vessel of the United
States shall not be determined to be a seizure described in section
205(a)(4)(C) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1825(a)(4)(C)) 1 or section 2 of the Fishermen’s
Protective Act of 1967 (22 U.S.C. 1972) if the seizure is found by
the Secretary of State to be in accordance with the provisions of the
Treaty.
SEC. 4. ø16 U.S.C. 973b¿ REGULATIONS.

The Secretary of Commerce, with the concurrence of the Secretary of State and after consultation with the Secretary of the department in which the Coast Guard is operating, shall issue regulations as may be necessary to carry out the purposes and objectives of the Treaty and this Act. These regulations shall be made
applicable as necessary to all persons and vessels subject to the jurisdiction of the United States, wherever located.
SEC. 5. ø16 U.S.C. 973c¿ PROHIBITED ACTS.

(a) It is unlawful for any person subject to the jurisdiction of
the United States—
(1) to violate any provision of this Act or any regulation or
order issued pursuant to this Act;
(2) to use a vessel for fishing in violation of an applicable
national law;
(3) to use a vessel for fishing in any Closed Area, except
in accordance with an agreement pursuant to the Treaty;
(4) to falsify any information required to be reported, notified, communicated, or recorded pursuant to a requirement of
this Act, or to fail to submit any required information, or to fail
to report to the Secretary immediately any change in circumstances which has the effect of rendering any such information false, incomplete, or misleading;
(5) to intentionally destroy evidence which could be used
to determine if a violation of this Act or the Treaty has occurred;
(6) to refuse to permit any Authorized Officer or Authorized Party Officer to board a fishing vessel for purposes of conducting a search or inspection in connection with the enforcement of this Act or the Treaty;
(7) to refuse to comply with the instructions of an Authorized Officer or Authorized Party Officer relating to fishing activities under the Treaty;
(8) to forcibly assault, resist, oppose, impede, intimidate, or
interfere with—
1 So in law. Section 211 of the Department of Commerce and Related Agencies Appropriations
Act, 1997 (as contained in section 101(a), title I of Division A of Public Law 104–208; 110 Stat.
3009–41) provides:
SEC. 211. (a) Effective 15 days after the enactment of the Sustainable Fisheries Act, section
1 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801) shall be amended to read as follows: ‘‘That this Act may be cited as the ‘Magnuson-Stevens Fishery Conservation and Management Act’.’’
(b) Effective 15 days after the enactment of the Sustainable Fisheries Act, all references to
the Magnuson Fishery Conservation and Management Act shall be redesignated as references
to the Magnuson-Stevens Fishery Conservation and Management Act.
Since such section did not actually amend each occurrence of the short title in law, the former
short title appears here.

February 3, 2026

VerDate Nov 24 2008

13:14 Feb 03, 2026

As Amended Through P.L. 119-60, Enacted December 18, 2025

Jkt 000000

PO 00000

Frm 00003

Fmt 9001

Sfmt 9001

G:\COMP\OCEAN\SPTAO1.BEL

HOLC

G:\COMP\OCEAN\SOUTH PACIFIC TUNA ACT OF 1988.XML
Sec. 7

SOUTH PACIFIC TUNA ACT OF 1988

4

(A) any Authorized Officer or Authorized Party Officer
in the conduct of a search or inspection in connection with
the enforcement of this Act or the Treaty; or
(B) an observer in the conduct of observer duties
under the Treaty;
(9) to resist a lawful arrest for any act prohibited by this
section;
(10) to interfere with, delay, or prevent, by any means, the
apprehension or arrest of another person, knowing that such
other person has committed any act prohibited by this section;
(11) to ship, transport, offer for sale, sell, purchase, import,
export, or have custody, control, or possession of, any fish
taken or retained in violation of this Act or any regulation, permit, or the Treaty, with the knowledge that the fish were so
taken or retained;
(12) to violate any of the regional terms and conditions; or
(13) to violate any limit on an authorized fishing effort or
catch.
(b) It is unlawful for any person subject to the jurisdiction of
the United States when in the Licensing Area—
(1) to use a vessel to fish unless validly licensed as required by the Administrator;
(2) to use a vessel for directed fishing for southern bluefin
tuna or for fishing for any kinds of fish other than tunas, except that fish may be caught as an incidental by-catch;
(3) to use a vessel for fishing by any method other than
the purse-seine method;
(4) to use any vessel to engage in fishing after the revocation of its license, or during the period of suspension of an applicable license;
(5) to use a vessel to fish in a manner inconsistent with
an order issued by the Secretary under section 11 of this Act;
or
(6) except for circumstances involving force majeure and
other emergencies involving the health or safety of crew members or the safety of the vessel, to use an aircraft in association
with the fishing activities of a vessel unless it is identified in
the license application for the vessel, or any amendment thereto.
øSection 6 was repealed by section 8414 of division H of Public
Law 119–60.¿
SEC. 7. ø16 U.S.C. 973e¿ CRIMINAL OFFENSES.

(a) A person is guilty of a criminal offense if he or she commits
any act prohibited by paragraph (6), (8), (9), or (10) of section 5(a)
of this Act.
(b) Any offense described in subsection (a) of this section is
punishable by a fine of not more than $50,000, or imprisonment for
not more than 6 months, or both; except that if in the commission
of any such offense the person uses a dangerous weapon, engages
in conduct that causes bodily injury to any Authorized Officer, Authorized Party Officer, or observer under the Treaty in the conduct
of their duties, or places any such Authorized Officer, Authorized
Party Officer, or observer in fear of imminent bodily injury, the ofFebruary 3, 2026

VerDate Nov 24 2008

13:14 Feb 03, 2026

As Amended Through P.L. 119-60, Enacted December 18, 2025

Jkt 000000

PO 00000

Frm 00004

Fmt 9001

Sfmt 9001

G:\COMP\OCEAN\SPTAO1.BEL

HOLC

G:\COMP\OCEAN\SOUTH PACIFIC TUNA ACT OF 1988.XML
5

SOUTH PACIFIC TUNA ACT OF 1988

Sec. 8

fense is punishable by a fine of not more then $100,000 or imprisonment for not more than 10 years, or both.
(c) The district courts of the United States shall have jurisdiction over any offense described in this section.
SEC. 8. ø16 U.S.C. 973f¿ CIVIL PENALTIES.

(a) Any person who is found by the Secretary, after notice and
an opportunity for a hearing in accordance with section 554 of title
5, United States Code, to have committed an act prohibited by section 5 of this Act, shall be liable to the United States for a civil
penalty. Before issuing a notice of violation, the Secretary shall
consult with the Secretary of State. The amount of the civil penalty
shall be determined in accordance with considerations set forth in
the Treaty and shall take into account the nature, circumstances,
extent, and gravity of the prohibited acts committed, and with respect to the violator, the degree of culpability, any history of prior
offenses, ability to pay, and such other matters as justice may require. The amount of the civil penalty shall not exceed $250,000 for
each violation. Upon written notice, the Secretary of State shall
have the right to participate in any proceeding initiated to assess
a civil penalty for violation of this Act.
(b) Any person against whom a civil penalty is assessed under
subsection (a) of this section may obtain review thereof in the
United States district court for the appropriate district by filing a
complaint in such court within 30 days from the date of the order
and by simultaneously serving a copy of the complaint by certified
mail on the Secretary, the Attorney General of the United States,
and the appropriate United States Attorney. The Secretary shall
promptly file in the court a certified copy of the record upon which
the violation was found or the penalty imposed. The findings and
order of the Secretary shall be set aside or modified by the court
if they are not found to be supported by substantial evidence, as
provided in section 706(2) of title 5, United States Code.
(c) Except as provided in subsection (g) of this section, if any
person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate court
has entered final judgment in favor of the Secretary, the Secretary
shall refer the matter to the Attorney General of the United States,
who shall recover the amount assessed in any appropriate district
court of the United States.
(d) Except as provided in subsection (g) of this section, a fishing vessel (including its fishing gear, furniture, appurtenances,
stores, and cargo) used in the commission of an act prohibited by
section 5 of this Act shall be liable in rem for any civil penalty assessed for the violation under section 8 of this Act and may be proceeded against in any district court of the United States having jurisdiction thereof. The penalty shall constitute a maritime lien on
the vessel which may be recovered in an action in rem in the district court of the United States having jurisdiction over the vessel.
(e) The Secretary, after consultation with the Secretary of
State, may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has
been imposed under this section.
February 3, 2026

VerDate Nov 24 2008

13:14 Feb 03, 2026

As Amended Through P.L. 119-60, Enacted December 18, 2025

Jkt 000000

PO 00000

Frm 00005

Fmt 9001

Sfmt 9001

G:\COMP\OCEAN\SPTAO1.BEL

HOLC

G:\COMP\OCEAN\SOUTH PACIFIC TUNA ACT OF 1988.XML
Sec. 9

SOUTH PACIFIC TUNA ACT OF 1988

6

(f) For the purposes of conducting any hearing under this section, the Secretary may issue subpoenas for the attendance and
testimony of witnesses and the production of relevant papers,
books, and documents, and may administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to
witnesses in the courts of the United States. In case of contempt
or refusal to obey a subpoena served upon a person pursuant to
this subsection, the district court of the United States for any district in which the person is found, resides, or transacts business,
upon application by the United States and after notice to the person, shall have jurisdiction to issue an order requiring the person
to appear and give testimony before the Secretary or to appear and
produce documents before the Secretary, or both, and any failure
to obey the order of the court may be punished by the court as a
contempt thereof.
(g) If a vessel used in a violation of paragraph (1), (2), (3), (4),
(5), (6), (7), (11), (12), or (13) of section 5(a) or section 5(b) of this
Act for which a civil penalty has been assessed—
(1) had a valid license under the Treaty at the time of the
violation, and
(2) within 60 days after the penalty assessment has become final, leaves and remains outside of the Licensing Area
and all Closed Areas until the final penalty has been paid,
there shall be no referral to the Attorney General under subsection
(c) of this section or in rem action under subsection (d) of this section in connection with such civil penalty.
SEC. 9. ø16 U.S.C. 973g¿ LICENSES.

(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—
February 3, 2026

VerDate Nov 24 2008

13:14 Feb 03, 2026

As Amended Through P.L. 119-60, Enacted December 18, 2025

Jkt 000000

PO 00000

Frm 00006

Fmt 9001

Sfmt 9001

G:\COMP\OCEAN\SPTAO1.BEL

HOLC

G:\COMP\OCEAN\SOUTH PACIFIC TUNA ACT OF 1988.XML
7

SOUTH PACIFIC TUNA ACT OF 1988

Sec. 10

(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
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.
SEC. 10. ø16 U.S.C. 973h¿ ENFORCEMENT.

(a) The provisions of this Act shall be enforced by the Secretary
in cooperation with the Secretary of State. The Secretary, after consultation with the Secretary of State, may by agreement, on a reimbursable basis or otherwise, utilize the personnel, services,
equipment (including aircraft and vessels), and facilities of any
other Federal agency and of any State agency in the performance
of these duties.
(b)(1) The Secretary shall, at the request of a Pacific Island
Party made to the Secretary of State, fully investigate any alleged
infringement of the Treaty involving a vessel of the United States,
and report as soon as practicable, and in any case within 2 months,
to that Party through the Secretary of State on any action taken
or proposed by the Secretary in regard to the alleged infringement.
(2) Upon commencement of an investigation under paragraph
(1) of this subsection, the Secretary shall notify the operator of any
vessel concerned regarding—
(A) the nature of the investigation;
(B) the right of the operator to submit comments, information, or evidence bearing on the investigation and to receive,
upon the operator’s timely written request to the Secretary, an
opportunity to present such comments, information, or evi3 So in law. The em dash at the end of paragraph (3) probably should be a comma.

February 3, 2026

VerDate Nov 24 2008

13:14 Feb 03, 2026

As Amended Through P.L. 119-60, Enacted December 18, 2025

Jkt 000000

PO 00000

Frm 00007

Fmt 9001

Sfmt 9001

G:\COMP\OCEAN\SPTAO1.BEL

HOLC

G:\COMP\OCEAN\SOUTH PACIFIC TUNA ACT OF 1988.XML
Sec. 11

SOUTH PACIFIC TUNA ACT OF 1988

8

dence orally to the Secretary or the Secretary’s representative
within 30 days after receipt of such notification.
(c)(1) Prior to instituting any legal proceedings under this Act
for any action which involves an alleged infringement of the Treaty
in waters within the jurisdiction of a Pacific Island Party, the Secretary, through the Secretary of State, shall notify the Pacific Island Party in accordance with the Treaty that the proceedings will
be instituted. Such notice shall include a statement of the facts believed to show an infringement of the Treaty and the nature of the
proposed proceedings, including any proposed charges and any proposed penalties. The Secretary shall not institute such proceedings
if the Pacific Island Party objects within 30 days after the effective
date of the notice under the Treaty.
(2) The Pacific Island Party exercising jurisdiction over the
waters involved in such a legal proceeding shall be promptly notified by the Secretary, through the Secretary of State, concerning
the outcome of the proceeding.
(d)(1) Any Authorized Officer may—
(A) with or without a warrant or other process—
(i) arrest any person, if he has reasonable cause to believe that the person has committed any act subject to
prosecution under section 7 of this Act;
(ii) board, and search or inspect, any fishing vessel
which is subject to the provisions of this Act;
(iii) seize samples of fish or items for evidence (other
than the vessel or its fishing gear or equipment) related to
any violation of any provision of this Act; or
(iv) order a vessel into the most convenient port of the
United States for investigation when an investigation has
been requested by a Pacific Island Party in accordance
with the Treaty and when such an order is necessary to
gather information for such an investigation;
(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 (1)(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 Code.
(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. ø16 U.S.C. 973i¿ 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
February 3, 2026

VerDate Nov 24 2008

13:14 Feb 03, 2026

As Amended Through P.L. 119-60, Enacted December 18, 2025

Jkt 000000

PO 00000

Frm 00008

Fmt 9001

Sfmt 9001

G:\COMP\OCEAN\SPTAO1.BEL

HOLC

G:\COMP\OCEAN\SOUTH PACIFIC TUNA ACT OF 1988.XML
9

SOUTH PACIFIC TUNA ACT OF 1988

Sec. 12

the jurisdiction of that Pacific Island Party to leave immediately
the Licensing Area and all Closed Areas upon making a finding—
(1) that the fishing vessel—
(A) while fishing in the Licensing Area did not have
a license under the Treaty to fish in the Licensing Area,
and that under the Treaty, 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 Officer, Authorized Party Officer, 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 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 final
determination deriving from a violation in waters under
the jurisdiction of a Pacific Island Party; or
(D) 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
vessel—
(A) was used in violation of paragraph (3) of section
5(a) or paragraph (2) or (3) of section 5(b) of this Act;
(B) used an aircraft in violation of section 5(b)(6); or
(C) was involved in an incident in which section 5(a)(5)
was violated.
(b) Upon being advised by the Secretary of State that proper
notification to Parties has been made under the Treaty that a Pacific Island Party is investigating an alleged infringement of the
Treaty by a vessel in waters under the jurisdiction of 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.
(c) The Secretary shall rescind any order issued on the basis
of a finding under subsection (a)(1) (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. ø16 U.S.C. 973j¿ DISCLOSURE OF INFORMATION.
(a) PROHIBITED DISCLOSURE OF CERTAIN INFORMATION.—Pur-

suant to section 552(b)(3) of title 5, United States Code, except as
provided in subsection (b), the Secretary shall keep confidential
and may not disclose the following information:
(1) Information provided to the Secretary by the Administrator that the Administrator has designated confidential.
(2) Information collected by observers.
February 3, 2026

VerDate Nov 24 2008

13:14 Feb 03, 2026

As Amended Through P.L. 119-60, Enacted December 18, 2025

Jkt 000000

PO 00000

Frm 00009

Fmt 9001

Sfmt 9001

G:\COMP\OCEAN\SPTAO1.BEL

HOLC

G:\COMP\OCEAN\SOUTH PACIFIC TUNA ACT OF 1988.XML
Sec. 13

SOUTH PACIFIC TUNA ACT OF 1988

10

(3) Information submitted to the Secretary by any person
in compliance with the requirements of this Act.
(b) AUTHORIZED DISCLOSURE OF CERTAIN INFORMATION.—The
Secretary may disclose information described in subsection (a)—
(1) if disclosure is ordered by a court;
(2) if the information is used by a Federal employee—
(A) for enforcement; or
(B) in support of the homeland security missions and
non-homeland security missions of the Coast Guard as defined in section 888 of the Homeland Security Act of 2002
(6 U.S.C. 468);
(3) if the information is used by a Federal employee or an
employee of a Fishery Management Council for the administration of the Treaty or fishery management and monitoring;
(4) to the Administrator, in accordance with the requirements of the Treaty and this Act;
(5) to the secretariat or equivalent of an international fisheries management organization of which the United States is
a member, in accordance with the requirements or decisions of
such organization, and insofar as possible, in accordance with
an agreement that prevents public disclosure of the identity of
any person that submits such information;
(6) if the Secretary has obtained written authorization
from the person providing such information, and disclosure
does not violate other requirements of this Act; or
(7) in an aggregate or summary form that does not directly
or indirectly disclose the identity of any person that submits
such information.
(c) SAVINGS CLAUSE.—
(1) Nothing in this section shall be construed to adversely
affect the authority of Congress, including a Committee or
Member thereof, to obtain any record or information.
(2) The absence of a provision similar to paragraph (1) in
any other provision of law shall not be construed to limit the
ability of the Senate or the House of Representatives, including
a Committee or Member thereof, to obtain any record or information.
SEC. 13. ø16 U.S.C. 973k¿ CLOSED AREA STOWAGE REQUIREMENTS.

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 and in accordance with any requirements established by the Secretary.
øSection 14 was repealed by section 8422 of division H of Public Law 119–60.¿
SEC. 15. ø16 U.S.C. 973m¿ FISHERIES-RELATED ASSISTANCE.

The Secretary and the Secretary of State may provide assistance to a Pacific Island Party to benefit such Pacific Island Party
from the development of fisheries resources and the operation of
fishing vessels that are licensed pursuant to the Treaty, including—
(1) technical assistance;
(2) training and capacity building opportunities;
February 3, 2026

VerDate Nov 24 2008

13:14 Feb 03, 2026

As Amended Through P.L. 119-60, Enacted December 18, 2025

Jkt 000000

PO 00000

Frm 00010

Fmt 9001

Sfmt 9001

G:\COMP\OCEAN\SPTAO1.BEL

HOLC

G:\COMP\OCEAN\SOUTH PACIFIC TUNA ACT OF 1988.XML
11

SOUTH PACIFIC TUNA ACT OF 1988

Sec. 20

(3) facilitation of the implementation of private sector activities or partnerships; and
(4) other activities as determined appropriate by the Secretary and the Secretary of State.
SEC. 16. ø16 U.S.C. 973n¿ ARBITRATION.

In the event of a dispute requiring the establishment of an arbitral tribunal under the Treaty, the Secretary of State, in consultation with the Secretary, shall appoint the arbitrator to be appointed by the United States under the Treaty, shall determine the
location of the arbitration, and shall represent the United States
in reaching agreement under the Treaty with each Pacific Island
Party involved concerning the appointment of the presiding arbitrator of the tribunal.
SEC. 17. ø16 U.S.C. 973o¿ DISPOSITION OF FEES, PENALTIES, FORFEITURES, AND OTHER MONEYS.

To the extent required by the Treaty, an amount equivalent to
the total value of any fine, penalty, or other amount collected as
a result of any action, judicial or otherwise, taken pursuant to sections 7 and 8 of this Act shall be paid by the United States through
the Secretary of State to the Administrator as soon as reasonably
possible following the date that such amount is collected.
SEC. 18. ø16 U.S.C. 973p¿ ADDITIONAL AGREEMENTS.

The Secretary may establish procedures for review of any
agreements for additional fishing access entered into pursuant to
the Treaty.
SEC. 19. ø16 U.S.C. 973q¿ SECRETARY OF STATE TO ACT FOR THE
UNITED STATES.

The Secretary of State is authorized to receive on behalf of the
United States reports, requests, and other communications from
the Administrator and to act thereon directly or by reference to the
appropriate authorities. The Secretary of State, after consultations
with the Secretary, may accept or reject, on behalf of the United
States, changes or amendments to Annex I of the Treaty and its
Schedules and Annex II to the Treaty and its Schedules.
SEC. 20. ø16 U.S.C. 973r¿ AUTHORIZATION OF APPROPRIATIONS.

(a) There are authorized to be appropriated for fiscal years
1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, and
2002, such sums as may be necessary for carrying out the purposes
and provisions of the Treaty and this Act including—
(1) for fiscal years 1992, 1993, 1994, 1995, 1996, 1997,
1998, 1999, 2000, 2001, and 2002, an amount not to exceed
$350,000 annually to the Department of Commerce for administrative expenses; and
(2) for fiscal years 1992, 1993, 1994, 1995, 1996, 1997,
1998, 1999, 2000, 2001, and 2002, an amount not to exceed
$50,000 annually to the Department of State for administrative expenses.
(b) Funds appropriated for the purposes of the Treaty may be
used notwithstanding any of the provisions of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or of any appropriations
Act that imposes restrictions on the maintenance or use of cash
February 3, 2026

VerDate Nov 24 2008

13:14 Feb 03, 2026

As Amended Through P.L. 119-60, Enacted December 18, 2025

Jkt 000000

PO 00000

Frm 00011

Fmt 9001

Sfmt 9001

G:\COMP\OCEAN\SPTAO1.BEL

HOLC

G:\COMP\OCEAN\SOUTH PACIFIC TUNA ACT OF 1988.XML
Sec. 21

SOUTH PACIFIC TUNA ACT OF 1988

12

transfer assistance, which are inconsistent with the provisions of
the Treaty.
SEC. 21. ø16 U.S.C. 973 note¿ EFFECTIVE DATE.

(a) Except as provided in subsection (b) of this section, this Act
shall be effective on the date on which the Treaty enters into force
for the United States.
(b)(1) The authority to promulgate regulations pursuant to this
Act shall be effective on the date of enactment of this Act.
(2) Any regulation promulgated pursuant to this Act shall not
be effective before the date on which the Treaty enters into force
for the United States.

February 3, 2026

VerDate Nov 24 2008

13:14 Feb 03, 2026

As Amended Through P.L. 119-60, Enacted December 18, 2025

Jkt 000000

PO 00000

Frm 00012

Fmt 9001

Sfmt 9001

G:\COMP\OCEAN\SPTAO1.BEL

HOLC