1. U.S. Code
  2. title 16
  3. chapter 93
  4. § 7403

Collapse to view only § 7403. Duties and authorities of the Secretary

§ 7401. Purpose

The purpose of this chapter is to implement the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing.

(Pub. L. 114–81, title III, § 302, Nov. 5, 2015, 129 Stat. 664.)

CITE AS: 16 USC 7401

§ 7402. DefinitionsAs used in this chapter:
(1) The term “Agreement” means the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, done at the Food and Agriculture Organization of the United Nations, in Rome, Italy, November 22, 2009, and signed by the United States November 22, 2009.
(2) The term “IUU fishing” means any activity set out in paragraph 3 of the 2001 FAO International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing.
(3) The term “listed IUU vessel” means a vessel that is included in a list of vessels having engaged in IUU fishing or fishing-related activities in support of IUU fishing that has been adopted by a regional fisheries management organization of which the United States is a member, or a list adopted by a regional fisheries management organization of which the United States is not a member if the Secretary determines the criteria used by that organization to create the IUU list is comparable to criteria adopted by RFMOs of which the United States is a member for identifying IUU vessels and activities.
(4) The term “Magnuson-Stevens Act” means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
(5) The term “person” has the same meaning as that term has in section 3 of the Magnuson-Stevens Act (16 U.S.C. 1802).
(6) The terms “RFMO” and “regional fisheries management organization” mean a regional fisheries management organization (as that term is defined by the United Nation’s 1
1 So in original.
Food and Agriculture Organization Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing) that is recognized by the United States.
(7) The term “Secretary” means the Secretary of Commerce or his or her designee.
(8) The term “vessel” means any vessel, ship of another type, or boat used for, equipped to be used for, or intended to be used for, fishing or fishing-related activities, including container vessels that are carrying fish that have not been previously landed.
(9) The term “fish” means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds.
(10) The term “fishing”—
(A) except as provided in subparagraph (B), means—
(i) the catching, taking, or harvesting of fish;
(ii) the attempted catching, taking, or harvesting of fish;
(iii) any other activity which can reasonably be expected to result in the catching, taking, or harvesting of fish; or
(iv) any operations at sea in support of, or in preparation for, any activity described in clauses (i) through (iii); and
(B) does not include any scientific research activity that is conducted by a scientific research vessel.
(Pub. L. 114–81, title III, § 303, Nov. 5, 2015, 129 Stat. 664.)

CITE AS: 16 USC 7402

§ 7403. Duties and authorities of the Secretary
(a) Regulations
The Secretary may, as needed, promulgate such regulations—
(1) in accordance with section 553 of title 5;
(2) consistent with provisions of this chapter; 1
1 See References in Text note below.
and
(3) with respect to enforcement measures, in consultation with the Secretary of the department in which the Coast Guard is operating;
as may be necessary to carry out the purposes of this chapter, to the extent that such regulations are not already promulgated.
(b) Ports of entry
(c) Notification
(d) Confirmation that fish were taken in accordance with conservation and management measures
(Pub. L. 114–81, title III, § 304, Nov. 5, 2015, 129 Stat. 665.)

CITE AS: 16 USC 7403

§ 7404. Authorization or denial of port entry
(a) Submission of information required under Agreement
(1) In general
(2) Covered vesselsA vessel referred to in paragraph (1) is any vessel that—
(A) is not documented under chapter 121 of title 46; and
(B) is not numbered under chapter 123 of that title.
(b) Decision to authorize or deny port entry
(1) DecisionThe Secretary shall decide, based on the information submitted under subsection (a), whether to authorize or deny port entry by the vessel, and shall communicate such decision to—
(A) the Secretary of the department in which the Coast Guard is operating; and
(B) the vessel or its representative.
(2) Authorization or denial of entry
(3) Vessels to which entry may be deniedThe Secretary of the department in which the Coast Guard is operating may deny entry to any vessel to which such a decision applies—
(A) that is described in subsection (a)(2); and
(B) that—
(i) is a listed IUU vessel; or
(ii) the Secretary of Commerce has reasonable grounds to believe—(I) has engaged in IUU fishing or fishing-related activities in support of such fishing; or(II) has violated this chapter.
(c) Denial of use of portIf a vessel described in subsection (a)(2) is in a port that is subject to the jurisdiction of the United States, the Secretary of the department in which the Coast Guard is operating, at the request of the Secretary, shall deny such vessel the use of the port for landing, transshipment, packaging and processing of fish, refueling, resupplying, maintenance, and drydocking, if—
(1) the vessel entered without authorization under subsection (b);
(2) the vessel is a listed IUU vessel;
(3) the vessel is not documented under the laws of another nation;
(4) the flag nation of the vessel has failed to provide confirmation requested by the Secretary that the fish on board were taken in accordance with applicable RFMO conservation and management measures; or
(5) the Secretary has reasonable grounds to believe—
(A) the vessel lacks valid authorizations to engage in fishing or fishing-related activities as required by its flag nation or the relevant coastal nation;
(B) the fish on board were taken in violation of foreign law or in contravention of any RFMO conservation and management measure; or
(C) the vessel has engaged in IUU fishing or fishing-related activities in support of such fishing, including in support of a listed IUU vessel, unless it can establish that—
(i) it was acting in a manner consistent with applicable RFMO conservation and management measures; or
(ii) in the case of the provision of personnel, fuel, gear, and other supplies at sea, the vessel provisioned was not, at the time of provisioning, a listed IUU vessel.
(d) ExceptionsNotwithstanding subsections (b) and (c), the Secretary of the department in which the Coast Guard is operating may allow port entry or the use of port services—
(1) if they are essential to the safety or health of the crew or safety of the vessel;
(2) to allow, where appropriate, for the scrapping of the vessel; or
(3) pursuant to an inspection or other enforcement action.
(Pub. L. 114–81, title III, § 305, Nov. 5, 2015, 129 Stat. 666.)

CITE AS: 16 USC 7404

§ 7405. Inspections

The Secretary, and the Secretary of the department in which the Coast Guard is operating, shall conduct foreign vessel inspections in ports subject to the jurisdiction of the United States as necessary to achieve the purposes of the Agreement and this chapter. If, following an inspection, the Secretary has reasonable grounds to believe that a foreign vessel has engaged in IUU fishing or fishing-related activities in support of such fishing, the Secretary may take enforcement action under this chapter or other applicable law, and shall deny the vessel the use of port services, in accordance with section 7404 of this title.

(Pub. L. 114–81, title III, § 306, Nov. 5, 2015, 129 Stat. 667.)

CITE AS: 16 USC 7405

§ 7406. Prohibited acts
It is unlawful for any person subject to the jurisdiction of the United States—
(1) to violate any provision of this chapter or the regulations issued under this chapter;
(2) to refuse to permit any authorized officer to board, search, or inspect a vessel that is subject to the person’s control in connection with the enforcement of this chapter or the regulations issued under this chapter;
(3) to submit false information pursuant to any requirement under this chapter or the regulations issued under this chapter; or
(4) to commit any offense enumerated in paragraph (4), (5), (7), or (9) of section 707(a) 1
1 See References in Text note below.
of the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6906(a)).
(Pub. L. 114–81, title III, § 307, Nov. 5, 2015, 129 Stat. 667.)

CITE AS: 16 USC 7406

§ 7407. Enforcement
(a) Existing authorities and responsibilities
(1) Authorities and responsibilities
(2) Included vessels
(3) Application of other provisions
(b) Civil enforcement
(1) Civil administrative penalties
(A) In general
(B) Compromise or other action by secretary
(2) In rem jurisdiction
(3) Action upon failure to pay assessment
(c) Forfeiture
(1) In general
(2) Application of the customs laws
(3) Presumption
(d) Criminal enforcement
(e) Payment of storage, care, and other costs
(Pub. L. 114–81, title III, § 308, Nov. 5, 2015, 129 Stat. 668.)

CITE AS: 16 USC 7407

§ 7408. International cooperation and assistance
(a) Assistance to developing nations and international organizations
(b) Personnel, services, equipment, and facilities
(Pub. L. 114–81, title III, § 309, Nov. 5, 2015, 129 Stat. 669.)

CITE AS: 16 USC 7408

§ 7409. Relationship to other laws
(a) In general
(b) United States obligations under international law
(Pub. L. 114–81, title III, § 310, Nov. 5, 2015, 129 Stat. 669.)

CITE AS: 16 USC 7409