Summary: S.1989 — 100th Congress (1987-1988)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed Senate amended (05/13/1988)

(Measure passed Senate, amended)

South Pacific Tuna Act of 1988 - Declares that seizure by a Pacific Island Party of a vessel of the United States shall not be considered to be a seizure under the Magnuson Fishery Conservation and Management Act or the Fishermen's Protective Act of 1967 if the seizure is in accordance with the provisions of the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America (Treaty).

Makes it unlawful for any person subject to U.S. jurisdiction to engage in a variety of actions relating to fishing and the Treaty. Provides for criminal and civil penalties and in rem jurisdiction over a fishing vessel.

Specifies the number and fees of licenses to fish in the Licensing Area in the initial year of implementation. Provides for administration of licensing.

Makes the Secretary of Commerce, in cooperation with the Secretary of State, responsible for enforcement of this Act. Directs the Secretary of Commerce, at the request of the government of a Pacific Island Party, to investigate any alleged infringement of the Treaty involving a U.S. vessel. Requires notice to the operator of any vessel concerned of the nature of the investigation and the right of the operator to submit and present comments, information, and evidence. Directs the Secretary of Commerce, prior to instituting certain proceedings, to notify the Pacific Island Party having jurisdiction and, if that Party objects, prohibits the Secretary from instituting the proceedings.

Sets forth the powers of Authorized Officers and provides for exclusive jurisdiction of the U.S. district courts over any case or controversy arising under this Act.

Sets forth circumstances in which the Secretary of Commerce is authorized, and circumstances in which the Secretary is required, to order a fishing vessel to leave the Licensing, Limited, or Closed Areas.

Sets forth reporting requirements. Requires that the Secretary of Commerce maintain certain information as confidential, including information requested under the Freedom of Information Act, subject to exception.

Requires the fishing gear of a vessel, while the vessel is in a Closed Area, to be stowed so as not to be readily available for fishing.

Provides for observers on board vessels.

Requires the U.S. tuna industry to provide a specified sum annually in technical assistance.

Directs the Secretary of State, in the event of a dispute requiring the establishment of an arbitral tribunal, to appoint an arbitrator to act as a member of an arbitral tribunal as provided by the Treaty. by the Treaty.

Requires the total value of any amount collected under the civil or criminal penalties provisions of this Act, to the extent required by certain provisions of the Treaty, to be paid by the United States to the Administrator designated by the Pacific Island Parties to act on their behalf.

Authorizes the Secretary of State to act for the United States in regard to the Treaty.

Authorizes appropriations for FY 1988 through 1992.

Declares that funds appropriated for the purposes of the Treaty may be used notwithstanding provisions of the Foreign Assistance Act of 1961 or of any appropriations Act that imposes restrictions on cash transfer assistance which are inconsistent with the provisions of the Treaty.