16 U.S.C. § 973g — Licenses

(a) Issuance; establishment of procedures; designation of agent for service of legal process in license application; reception and response to process Licenses to fish in the Licensing Area, to be issued by the Administrator under the Treaty, may be requested from the Secretary by operators of vessels, under procedures established by the Secretary. The license application must designate an agent for the service of legal process to be located in Port Moresby, Papua New Guinea. The applicant must 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 under 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) Forwarding of vessel license application under subsection (e), and except as provided in subsection (f), the Secretary must forward a vessel license application to the Administrator whenever such application is under application procedures established by the Secretary. (c) Fees Fees required under the Treaty must be paid under the Treaty and any procedures established by the Secretary. (d) Period of validity Licenses must be valid for the licensing period specified by the Administrator. (e) Allocation system The Secretary may establish a system of allocating licenses in the event more applications are received than there are licenses available. (f) Grounds for denial of forwarding of license application 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 under 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 under this chapter. (g) Grandfathering of vessels documented before November 3, 1995 Notwithstanding the requirements of— (1) section 12113 of title 46 ; (2) the general permit issued on December 1, 1980 , to the American Tunaboat Association under section 1374(h)(1) of this title ; and (3) sections 1374(h)(2) and 1416(a) of this title— 1 any vessel documented under the laws of the United States as of November 3, 1995 , 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 under international law, subject to the provisions of the Treaty, this chapter, 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.