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16 U.S.C. § 1826b — Duration of denial of port privileges and sanctions

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1826b — Duration of denial of port privileges and sanctions

Any denial of port privileges or sanction under [section 1826a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826a&num=0&edition=prelim) with respect to a nation shall remain in effect until such time as the Secretary of Commerce certifies to the President and the Congress that such nation has terminated large-scale driftnet fishing by its nationals and vessels beyond the exclusive economic zone of any nation or effectively addressed the offending activities for which the nation received a negative certification under 1826j(d) 11 So in original. Probably should be preceded by “section”. or 1826k(c) of this title.

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Source location: Title 16, Chapter 38, § 1826b; chapter-038-fishery-conservation-and-management.md

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1826a — Denial of port privileges and sanctions for high seas large-scale driftnet fishing

**(a) Denial of port privileges** (1) **Publication of list** — Not later than 30 days after November 2, 1992, and periodically thereafter, the Secretary of Commerce, in consultation with the Secretary of State, shall publish a list of nations whose nationals or vessels conduct large-scale driftnet fishing beyond the exclusive economic zone of any nation. (2) **Denial of port privileges** — The Secretary of Homeland Security shall, in accordance with international law— (A) withhold or revoke the clearance required by [section 60105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section60105&num=0&edition=prelim) for any large-scale driftnet fishing vessel of a nation that receives a negative certification under section 1826j(d) or 1826k(c) of this title, or fishing vessels of a nation that has been listed pursuant to [section 1826j(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826j/b&num=0&edition=prelim) or [section 1826k(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826k/a&num=0&edition=prelim) in 2 or more consecutive reports for the same type of fisheries activity, as described under [section 1826h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826h&num=0&edition=prelim), until a positive certification has been received; (B) withhold or revoke the clearance required by [section 60105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section60105&num=0&edition=prelim) for fishing vessels of a nation that has been listed pursuant to section 1826j(a) or 1826k(a) of this title in 2 or more consecutive reports as described under [section 1826h of this title

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1826b — Duration of denial of port privileges and

Page 2032 TITLE 16—CONSERVATION § 1826b 1 So in original. Probably should be preceded by ‘‘section’’. [For definition of ‘‘Secretary’’ as used in section 11341 of Pub. L. 117–263, set out above, see section 11329 of Pub. L. 117–263, set out as a note under section 1885a of this title.] HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT; CONGRESSIONAL STATEMENT OF FINDINGS AND POLICY Pub. L. 102–582, § 2, Nov. 2, 1992, 106 Stat. 4900, as amended by Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, pro- vided that: ‘‘(a) FINDINGS.—Congress makes the following find- ings: ‘‘(1) Large-scale driftnet fishing on the high seas is highly destructive to the living marine resources and ocean ecosystems of the world’s oceans, including anadromous fish and other living marine resources of the United States. ‘‘(2) The cumulative effects of large-scale driftnet fishing pose a significant threat to the marine eco- system, and slow-reproducing species like marine mammals, sharks, and seabirds may require many years to recover. ‘‘(3) Members of the international community have reviewed the best available scientific data on the im- pacts of large-scale pelagic driftnet fishing, and have failed to conclude that this practice has no signifi- cant adverse impacts which threaten the conserva- tion and sustainable management of living marine re- sources. ‘‘(4) The United Nations, via General Assembly Res- olutions numbered 44–225, 45–197, and most recently 46–215 (adopted on December 20, 1991), has called for a worldwide moratorium on all high seas driftnet fish- ing by December 31, 1992, in all the world’s oceans, in- cluding enclosed seas and semi-enclosed seas. ‘‘(5) The United Nations has commended the unilat- eral,

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