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16 U.S.C. § 5501 — Purpose
Federal law — U.S. Code and appendices · legal_authorities
It is the purpose of this chapter—
(1) to implement the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted by the Conference of the Food and Agriculture Organization of the United Nations on November 24, 1993; and
(2) to establish a system of permitting, reporting, and regulation for vessels of the United States fishing on the high seas.
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Source file: Laws/federal/codes/united-states-code/title-16/section-5501-purpose--2b1cc89864.md
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Source location: Title 16, Chapter 75, § 5501; chapter-075-high-seas-fishing-compliance.md
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It is the purpose of this chapter—
(1) to implement the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted by the Conference of the Food and Agriculture Organization of the United Nations on November 24, 1993; and
(2) to establish a system of permitting, reporting, and regulation for vessels of the United States fishing on the high seas.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** No governing international fishery agreement, bycatch reduction agreement, or Pacific Insular Area fishery agreement shall become effective with respect to the United States before the close of the first 120 days (excluding any days in a period for which the Congress is adjourned sine die) after the date on which the President transmits to the House of Representatives and to the Senate a document setting forth the text of such governing international fishery agreement, bycatch reduction agreement, or Pacific Insular Area fishery agreement. A copy of the document shall be delivered to each House of Congress on the same day and shall be delivered to the Clerk of the House of Representatives, if the House is not in session, and to the Secretary of the Senate, if the Senate is not in session.
**(b) Referral to committees** Any document described in subsection (a) shall be immediately referred in the House of Representatives to the Committee on Merchant Marine and Fisheries, and in the Senate to the Committees on Commerce, Science, and Transportation and on Foreign Relations.
**(c) Congressional procedures**
(1) **Rules of the House of Representatives and Senate** — The provisions of this section are enacted by the Congress—
(A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of fishery agreement resolutions described in paragraph (2), and they supersede other rules only to the extent that they are inconsistent therewith; and
(B) with full recognition of the constitutional right of either House to change the rules (so far as they relate t
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1823
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreement to reimburse for actual costs, confiscation or spoilage of fish, and loss of income** The Secretary, upon receipt of an application filed with him at any time after the effective date of this section by the owner of any vessel of the United States which is documented or certificated as a commercial fishing vessel, shall enter into an agreement with such owner subject to the provision of this section and such other terms and conditions as the Secretary deems appropriate. Such agreement shall provide that, if said vessel is seized by a foreign country and detained under the conditions of [section 1972 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1972&num=0&edition=prelim), the Secretary shall guarantee—
(1) the owner of such vessel for all actual costs, except those covered by [section 1973 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1973&num=0&edition=prelim), incurred by the owner during the seizure and detention period and as a direct result thereof, as determined by the Secretary, resulting (A) from any damage to, or destruction of, such vessel, or its fishing gear or other equipment, (B) from the loss or confiscation of such vessel, gear, or equipment, or (C) from dockage fees or utilities;
(2) the owner of such vessel and its crew for the market value of fish caught before seizure of such vessel and confiscated or spoiled during the period of detention; and
(3) the owner of such vessel and its crew for not to exceed 50 per centum of the gross income lost as a direct result of such seizure and detention, as determined by the Secretary of State, based on the value of the average catch per day’s fishing during the three most recent calendar years immediately
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1977
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reimbursable fees** In any case on or after June 15, 1994, in which a vessel of the United States exercising its right of passage is charged a fee by the government of a foreign country to engage in transit passage between points in the United States (including a point in the exclusive economic zone or in an area over which jurisdiction is in dispute), and such fee is regarded by the United States as being inconsistent with international law, the Secretary of State shall, subject to the availability of appropriated funds, reimburse the vessel owner for the amount of any such fee paid under protest.
**(b) Documentation** In seeking such reimbursement, the vessel owner shall provide, together with such other information as the Secretary of State may require—
(1) a copy of the receipt for payment;
(2) an affidavit attesting that the owner or the owner’s agent paid the fee under protest; and
(3) a copy of the vessel’s certificate of documentation.
**(c) Timeliness** Requests for reimbursement shall be made to the Secretary of State within 120 days after the date of payment of the fee, or within 90 days after November 3, 1995, whichever is later.
**(d) Funding; appropriations** Such funds as may be necessary to meet the requirements of this section may be made available from the unobligated balance of previously appropriated funds remaining in the Fishermen’s Protective Fund established under [section 1979 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1979&num=0&edition=prelim). To the extent that requests for reimbursement under this section exceed such funds, there are authorized to be appropriated such sums as may be needed for reimbursements authorized under subsection (a), which shall be deposited in the Fishermen
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1980a
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
(1) The term “Agreement” means the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted by the Conference of the Food and Agriculture Organization of the United Nations on November 24, 1993.
(2) The term “FAO” means the Food and Agriculture Organization of the United Nations.
(3) The term “high seas” means the waters beyond the territorial sea or exclusive economic zone (or the equivalent) of any nation, to the extent that such territorial sea or exclusive economic zone (or the equivalent) is recognized by the United States.
(4) The term “high seas fishing vessel” means any vessel of the United States or subject to the jurisdiction of the United States used or intended for use—
(A) on the high seas;
(B) for the purpose of the commercial exploitation of living marine resources; and
(C) as a harvesting vessel, as a mother ship, or as any other support vessel directly engaged in a fishing operation.
(5) The term “international conservation and management measures” means measures to conserve or manage one or more species of living marine resources that are adopted and applied in accordance with the relevant rules of international law, as reflected in the 1982 United Nations Convention on the Law of the Sea, and that are recognized by the United States. Such measures may be adopted by global, regional, or sub-regional fisheries organizations, subject to the rights and obligations of their members, or by treaties or other international agreements.
(6) The term “length” means—
(A) for any high seas fishing vessel built after July 18, 1982, 96 percent of the total length on a waterline at 85 percent of the least molded depth measured from the top of the kee
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5502
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** No high seas fishing vessel shall engage in harvesting operations on the high seas unless the vessel has on board a valid permit issued under this section.
**(b) Eligibility**
(1) Any vessel of the United States is eligible to receive a permit under this section, unless the vessel was previously authorized to be used for fishing on the high seas by a foreign nation, and
(A) the foreign nation suspended such authorization because the vessel undermined the effectiveness of international conservation and management measures, and the suspension has not expired; or
(B) the foreign nation, within the last three years preceding application for a permit under this section, withdrew such authorization because the vessel undermined the effectiveness of international conservation and management measures.
(2) The restriction in paragraph (1) does not apply if ownership of the vessel has changed since the vessel undermined the effectiveness of international conservation and management measures, and the new owner has provided sufficient evidence to the Secretary demonstrating that the previous owner or operator has no further legal, beneficial or financial interest in, or control of, the vessel.
(3) The restriction in paragraph (1) does not apply if the Secretary makes a determination that issuing a permit would not subvert the purposes of the Agreement.
(4) The Secretary may not issue a permit to a vessel unless the Secretary is satisfied that the United States will be able to exercise effectively its responsibilities under the Agreement with respect to that vessel.
**(c) Application**
(1) The owner or operator of a high seas fishing vessel may apply for a permit under this section by completing an application form prescribed by the Secretary.
(2) Th
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5503
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Record** The Secretary shall maintain an automated file or record of high seas fishing vessels issued permits under [section 5503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5503&num=0&edition=prelim), including all information submitted under [section 5503(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5503/c/2&num=0&edition=prelim).
**(b) Information to FAO** The Secretary, in cooperation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, shall—
(1) make available to FAO information contained in the record maintained under subsection (a);
(2) promptly notify FAO of changes in such information;
(3) promptly notify FAO of additions to or deletions from the record, and the reason for any deletion;
(4) convey to FAO information relating to any permit granted under [section 5503(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5503/b/3&num=0&edition=prelim), including the vessel’s identity, owner or operator, and factors relevant to the Secretary’s determination to issue the permit;
(5) report promptly to FAO all relevant information regarding any activities of high seas fishing vessels that undermine the effectiveness of international conservation and management measures, including the identity of the vessels and any sanctions imposed; and
(6) provide the FAO a summary of evidence regarding any activities of foreign vessels that undermine the effectiveness of international conservation and management measures.
**(c) Information to flag nations** If the Secretary, in cooperation with the Secretary of State and the Secretary of the department in which the Coast Guard
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5504
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Federal law — U.S. Code and appendices · legal_authorities
It is unlawful for any person subject to the jurisdiction of the United States—
(1) to use a high seas fishing vessel on the high seas in contravention of international conservation and management measures described in [section 5504(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5504/e&num=0&edition=prelim);
(2) to use a high seas fishing vessel on the high seas, unless the vessel has on board a valid permit issued under [section 5503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5503&num=0&edition=prelim);
(3) to use a high seas fishing vessel in violation of the conditions or restrictions of a permit issued under [section 5503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5503&num=0&edition=prelim);
(4) to falsify any information required to be reported, communicated, or recorded pursuant to this chapter or any regulation issued under this chapter, or to fail to submit in a timely fashion any required information, or to fail to report to the Secretary immediately any change in circumstances that has the effect of rendering any such information false, incomplete, or misleading;
(5) to refuse to permit an authorized officer to board a high seas fishing vessel subject to such person’s control for purposes of conducting any search or inspection in connection with the enforcement of this chapter or any regulation issued under this chapter;
(6) to forcibly assault, resist, oppose, impede, intimidate, or interfere with an authorized officer in the conduct of any search or inspection described in paragraph (5);
(7) to resist a lawful arrest or detention for any act prohibited by this section;
(8) to interfere with, delay, or prevent,
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5505
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Duties of Secretaries** This chapter shall be enforced by the Secretary of Commerce and the Secretary of the department in which the Coast Guard is operating. Such Secretaries may by agreement utilize, on a reimbursable basis or otherwise, the personnel, services, equipment (including aircraft and vessels), and facilities of any other Federal agency, or of any State agency, in the performance of such duties. Such Secretaries shall, and the head of any Federal or State agency that has entered into an agreement with either such Secretary under this section may (if the agreement so provides), authorize officers to enforce the provisions of this chapter or any regulation or permit issued under this chapter.
**(b) District court jurisdiction** The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this chapter. In the case of Guam, and any Commonwealth, territory, or possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Guam, except that in the case of American Samoa, the appropriate court is the United States District Court for the District of Hawaii.
**(c) Powers of enforcement officers**
(1) Any officer who is authorized under subsection (a) to enforce the provisions of this chapter may—
(A) with or without a warrant or other process—
(i) arrest any person, if the officer has reasonable cause to believe that such person has committed an act prohibited by paragraph (6), (7), (8), or (9) of [section 5505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5505&num=0&edition=prelim);
(ii) board, and search or inspect, any high seas fishing vessel;
(iii)
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5506
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil penalties**
(1) Any person who is found by the Secretary, after notice and opportunity for a hearing in accordance with [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim), to have committed an act prohibited by [section 5505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5505&num=0&edition=prelim) shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $100,000 for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of such civil penalty shall be assessed by the Secretary by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violation, the degree of culpability, any history of prior offenses, and such other matters as justice may require.
(2) The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty that is subject to imposition or that has been imposed under this section.
**(b) Permit sanctions**
(1) In any case in which—
(A) a vessel of the United States has been used in the commission of an act prohibited under [section 5505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5505&num=0&edition=prelim);
(B) the owner or operator of a vessel or any other person who has been issued or has applied for a permit under [section 5503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5503&num=0&edition=prelim) has acted in violation of [section 5505 of this title](https://uscode
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5507
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Offenses** A person is guilty of an offense if the person commits any act prohibited by paragraph (6), (7), (8), or (9) of [section 5505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5505&num=0&edition=prelim).
**(b) Punishment** Any offense described in subsection (a) is a class A misdemeanor punishable by a fine under title 18, or imprisonment for not more than one year, or both; except that if in the commission of any offense the person uses a dangerous weapon, engages in conduct that causes bodily injury to any authorized officer, or places any such officer in fear of imminent bodily injury, the offense is a felony punishable by a fine under title 18, or imprisonment for not more than 10 years, or both.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5508
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