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16 U.S.C. § 7403 — Duties and authorities of the Secretary
Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations** The Secretary may, as needed, promulgate such regulations—
(1) in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim);
(2) consistent with provisions of this chapter; 11 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** The Secretary, in consultation with the Secretary of the department in which the Coast Guard is operating, may designate and publicize the ports to which vessels may seek entry. No port may be designated under this section that has not also been designated as a port of entry for customs reporting purposes pursuant to [section 1433 of title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1433&num=0&edition=prelim) 1 or that is not specified under an existing international fisheries agreement.
**(c) Notification** The Secretary shall provide notification of the denial of port entry or the use of port services for a vessel under [section 7404 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7404&num=0&edition=prelim), the withdrawal of the denial of port services for a foreign vessel, the taking of enforcement action pursuant to [section 7405 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7405&num=0&edition=prelim) with respect to a foreign vessel, or the results of any inspection of a foreign vessel conducted pursuant to this chapter to the flag nation of the
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Stable record: federal_law:legal_authorities:record_usc_73cc07f9c3f829e7f76f3f3b
Source file: Laws/federal/codes/united-states-code/title-16/section-7403-duties-and-authorities-of-the-secretary--05645e086f.md
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Source location: Title 16, Chapter 93, § 7403; chapter-093-agreement-on-port-state-measures-to-prevent-deter-and-eliminate-illegal-unreported-and-unregulated-fishing.md
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**(a) Regulations** The Secretary may, as needed, promulgate such regulations—
(1) in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim);
(2) consistent with provisions of this chapter; 11 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** The Secretary, in consultation with the Secretary of the department in which the Coast Guard is operating, may designate and publicize the ports to which vessels may seek entry. No port may be designated under this section that has not also been designated as a port of entry for customs reporting purposes pursuant to [section 1433 of title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1433&num=0&edition=prelim) 1 or that is not specified under an existing international fisheries agreement.
**(c) Notification** The Secretary shall provide notification of the denial of port entry or the use of port services for a vessel under [section 7404 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7404&num=0&edition=prelim), the withdrawal of the denial of port services for a foreign vessel, the taking of enforcement action pursuant to [section 7405 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7405&num=0&edition=prelim) with respect to a foreign vessel, or the results of any inspection of a foreign vessel conducted pursuant to this chapter to the flag nation of the vessel and, as appropriate, to the nation of which the vessel’s master is a national, relevant coastal nations, RFMOs, the Food and Agriculture Organization of the United Nations, and other relevant international organizations.
**(d) Confirmation that fish were taken in accordance with conservation and management measures** The Secretary may request confirmation from the flag state of a foreign vessel that the fish on board a foreign vessel in a port subject to the jurisdiction of the United States were taken in accordance with applicable RFMO conservation and management measures.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Submission of information required under Agreement**
(1) **In general** — A vessel described in paragraph (2) seeking entry to a port that is subject to the jurisdiction of the United States must submit to the Secretary of the department in which the Coast Guard is operating information as required under the Agreement in advance of its arrival in port. The Secretary of the department in which the Coast Guard is operating shall provide that information to the Secretary.
(2) **Covered vessels** — A 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) **Decision** — The 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** — The Secretary of the department in which the Coast Guard is operating shall authorize or deny entry to vessels to which such a decision applies.
(3) **Vessels to which entry may be denied** — The 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 port** If a vessel described in subsection
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved—
(1) a military or foreign affairs function of the United States; or
(2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
**(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public rule making proceedings;
(2) reference to the legal authority under which the rule is proposed;
(3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov).
Except when notice or hearing is required by statute, this subsection does not apply—
(A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
**(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Vessel arrival**
(1) Immediately upon the arrival at any port or place within the United States or the Virgin Islands of—
(A) any vessel from a foreign port or place;
(B) any foreign vessel from a domestic port;
(C) any vessel of the United States carrying foreign merchandise for which entry has not been made; or
(D) any vessel which has visited a hovering vessel or received merchandise while outside the territorial sea;
the master of the vessel shall report the arrival at the nearest customs facility or such other place as the Secretary may prescribe by regulations.
(2) The Secretary may by regulation—
(A) prescribe the manner in which arrivals are to be reported under paragraph (1); and
(B) extend the time in which reports of arrival must be made, but not later than 24 hours after arrival.
**(b) Vehicle arrival**
(1) Vehicles may arrive in the United States only at border crossing points designated by the Secretary.
(2) Except as otherwise authorized by the Secretary, immediately upon the arrival of any vehicle in the United States at a border crossing point, the person in charge of the vehicle shall—
(A) report the arrival; and
(B) present the vehicle, and all persons and merchandise (including baggage) on board, for inspection;
to the customs officer at the customs facility designated for that crossing point.
**(c) Aircraft arrival** The pilot of any aircraft arriving in the United States or the Virgin Islands from any foreign airport or place shall comply with such advance notification, arrival reporting, and landing requirements as the Secretary may by regulation prescribe.
**(d) Presentation of documentation** The master, person in charge of a vehicle, or aircraft pilot shall present, or transmit pursuant to an electronic
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7404&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Page 2694
TITLE 16—CONSERVATION
§ 7401
1 So in original.
1 See References in Text note below.
Sec.
7406.
Prohibited acts.
7407.
Enforcement.
7408.
International cooperation and assistance.
7409.
Relationship to other laws.
§ 7401. Purpose
The purpose of this chapter is to implement
the Agreement on Port State Measures to Pre-
vent, Deter and Eliminate Illegal, Unreported
and Unregulated Fishing.
(Pub. L. 114–81, title III, § 302, Nov. 5, 2015, 129
Stat. 664.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 114–81, title III, § 301, Nov. 5, 2015, 129 Stat. 664,
provided that: ‘‘This title [enacting this chapter] may
be cited as the ‘Port State Measures Agreement Act of
2015’.’’
§ 7402. Definitions
As used in this chapter:
(1) The term ‘‘Agreement’’ means the Agree-
ment on Port State Measures to Prevent,
Deter and Eliminate Illegal, Unreported and
Unregulated Fishing, done at the Food and Ag-
riculture 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 activ-
ity set out in paragraph 3 of the 2001 FAO
International Plan of Action to Prevent, Deter
and Eliminate Illegal, Unreported and Unregu-
lated Fishing.
(3) The term ‘‘listed IUU vessel’’ means a
vessel that is included in a list of vessels hav-
ing engaged in IUU fishing or fishing-related
activities in support of IUU fishing that has
been adopted by a regional fisheries manage-
ment 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 Sec-
retary determines the criteria used by that or-
ganization to create the IUU list is com-
parable to criter
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