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16 U.S.C. § 1826a — Denial of port privileges and sanctions for high seas large-scale driftnet fishing
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-16/section-1826a-denial-of-port-privileges-and-sanctions-for-high-seas-large-scale-driftn--c4a1bc7af7.md
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Source location: Title 16, Chapter 38, § 1826a; chapter-038-fishery-conservation-and-management.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826h&num=0&edition=prelim); and
(C) deny entry of that vessel to any place in the United States and to the navigable waters of the United States, except for the purposes of inspecting such vessel, conducting an investigation, or taking other appropriate enforcement action.
(3) **Notification of nation** — Before the publication of a list of nations under paragraph (1), the Secretary of State shall notify each nation included on that list regarding—
(A) the effect of that publication on port privileges of vessels of that nation under paragraph (1); and
(B) any sanctions or requirements, under this Act or any other law, that may be imposed on that nation if nationals or vessels of that nation continue to conduct large-scale driftnet fishing beyond the exclusive economic zone of any nation after December 31, 1992.
**(b) Sanctions**
(1) **Identifications**
(A) *Initial identifications* — Not later than January 10, 1993, the Secretary of Commerce shall—
(i) identify each nation whose nationals or vessels are conducting large-scale driftnet fishing beyond the exclusive economic zone of any nation; and
(ii) notify the President and that nation of the identification under clause (i).
(B) *Additional identifications* — At any time after January 10, 1993, whenever the Secretary of Commerce has reason to believe that the nationals or vessels of any nation are conducting large-scale driftnet fishing beyond the exclusive economic zone of any nation, the Secretary of Commerce shall—
(i) identify that nation; and
(ii) notify the President and that nation of the identification under clause (i).
(2) **Consultations** — Not later than 30 days after a nation is identified under paragraph (1)(B), the President shall enter into consultations with the government of that nation for the purpose of obtaining an agreement that will effect the immediate termination of large-scale driftnet fishing by the nationals or vessels of that nation beyond the exclusive economic zone of any nation.
(3) **Prohibition on imports of fish and fish products and sport fishing equipment**
(A) *Prohibition* — The President—
(i) upon receipt of notification of the identification of a nation under paragraph (1)(A) or a negative certification under [section 1826j(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826j/d&num=0&edition=prelim) or [section 1826k(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826k/c&num=0&edition=prelim); or
(ii) if the consultations with the government of a nation under paragraph (2) are not satisfactorily concluded within ninety days, shall direct the Secretary of the Treasury to prohibit the importation into the United States of fish and fish products and sport fishing equipment (as that term is defined in [section 4162 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section4162&num=0&edition=prelim)) from that nation.
(B) *Implementation of prohibition* — With respect to an import prohibition directed under subparagraph (A), the Secretary of the Treasury shall implement such prohibition not later than the date that is forty-five days after the date on which the Secretary has received the direction from the President.
(C) *Public notice of prohibition* — Before the effective date of any import prohibition under this paragraph, the Secretary of the Treasury shall provide public notice of the impending prohibition.
(4) **Additional economic sanctions**
(A) *Determination of effectiveness of sanctions* — Not later than six months after the date the Secretary of Commerce identifies a nation under paragraph (1) or issues a negative certification under [section 1826j(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826j/d&num=0&edition=prelim) or [section 1826k(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826k/c&num=0&edition=prelim), the Secretary shall determine whether—
(i) any prohibition established under paragraph (3) is insufficient to cause that nation to terminate large-scale driftnet fishing conducted by its nationals and vessels beyond the exclusive economic zone of any nation, or to address the offending activities for which a nation received a negative certification under section 1826j(d) or 1826k(c) of this title; or
(ii) that nation has retaliated against the United States as a result of that prohibition.
(B) *Certification* — The Secretary of Commerce shall certify to the President each affirmative determination under subparagraph (A) with respect to a nation.
(C) *Effect of certification* — Certification by the Secretary of Commerce under subparagraph (B) is deemed to be a certification under [section 1978(a) of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1978/a&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Report to Congress and public availability of reports** The Secretary shall, not later than 120 days after the end of each fiscal year, submit to the Committee on Commerce, Science, and Transportation and the Committee on Finance of the Senate and the Committee on Natural Resources and the Committee on Financial Services of the House of Representatives a report that summarizes the National Marine Fisheries Service’s efforts to prevent the importation of seafood harvested through illegal, unreported, or unregulated fishing, particularly with respect to seafood harvested, produced, processed, or manufactured by forced labor. Each such report shall be made publicly available on the website of the National Oceanic and Atmospheric Administration.
**(b) Contents** Each report submitted under subsection (a) shall include—
(1) the volume and value of seafood species subject to the Seafood Import Monitoring Program, reported by 10-digit Harmonized Tariff Schedule of the United States codes, imported during the previous fiscal year;
(2) the enforcement activities and priorities of the National Marine Fisheries Service with respect to implementing the requirements under the Seafood Import Monitoring Program;
(3) the percentage of import shipments subject to the Seafood Import Monitoring Program selected for inspection or the information or records supporting entry selected for audit, as described in section 300.324(d) of title 50, Code of Federal Regulations;
(4) the number and types of instances of noncompliance with the requirements of the Seafood Import Monitoring Program;
(5) the number and types of instances of violations of State or Federal law discovered through the Seafood Import Monitoring Program;
(6) the seafood species with respect to which violations desc
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1885a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Vessels of the United States.—** Except as otherwise provided by law, a vessel of the United States shall obtain clearance from the Secretary of Homeland Security before proceeding from a port or place in the United States—
(1) for a foreign port or place;
(2) for another port or place in the United States if the vessel has on board foreign merchandise for which entry has not been made; or
(3) outside the territorial sea to visit a hovering vessel or to receive merchandise while outside the territorial sea.
**(b) Other Vessels.—** Except as otherwise provided by law, a vessel that is not a vessel of the United States shall obtain clearance from the Secretary before proceeding from a port or place in the United States—
(1) for a foreign port or place;
(2) for another port or place in the United States; or
(3) outside the territorial sea to visit a hovering vessel or to receive or deliver merchandise while outside the territorial sea.
**(c) Regulations.—** The Secretary may by regulation—
(1) prescribe the manner in which clearance under this section is to be obtained, including the documents, data, or information which shall be submitted or transmitted, pursuant to an authorized data interchange system, to obtain the clearance;
(2) permit clearance to be obtained before all requirements for clearance are complied with, but only if the owner or operator of the vessel files a bond in an amount set by the Secretary conditioned on the compliance by the owner or operator with all specified requirements for clearance within a time period (not exceeding 4 business days) established by the Secretary; and
(3) permit clearance to be obtained at a place other than a designated port of entry, under conditions the Secretary may prescribe.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 60105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares the following:
(1) The fish off the coasts of the United States, the highly migratory species of the high seas, the species which dwell on or in the Continental Shelf appertaining to the United States, and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable natural resources. These fishery resources contribute to the food supply, economy, and health of the Nation and provide recreational opportunities.
(2) Certain stocks of fish have declined to the point where their survival is threatened, and other stocks of fish have been so substantially reduced in number that they could become similarly threatened as a consequence of (A) increased fishing pressure, (B) the inadequacy of fishery resource conservation and management practices and controls, or (C) direct and indirect habitat losses which have resulted in a diminished capacity to support existing fishing levels.
(3) Commercial and recreational fishing constitutes a major source of employment and contributes significantly to the economy of the Nation. Many coastal areas are dependent upon fishing and related activities, and their economies have been badly damaged by the overfishing of fishery resources at an ever-increasing rate over the past decade. The activities of massive foreign fishing fleets in waters adjacent to such coastal areas have contributed to such damage, interfered with domestic fishing efforts, and caused destruction of the fishing gear of United States fishermen.
(4) International fishery agreements have not been effective in preventing or terminating the overfishing of these valuable fishery resources. There is danger that irreversible effects from overfishing will take place before an effectiv
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary, in consultation with the Secretary of State, shall provide to Congress, by not later than 2 years after January 12, 2007, and every 2 years thereafter, on June 1 of that year a report that includes—
(1) the state of knowledge on the status of international living marine resources shared by the United States or subject to treaties or agreements to which the United States is a party, including a list of all such fish stocks classified as overfished, overexploited, depleted, endangered, or threatened with extinction by any international or other authority charged with management or conservation of living marine resources;
(2) a list of nations that have been identified under section 1826j(a) or 1826k(a) of this title, including the specific offending activities and any subsequent actions taken pursuant to section 1826j or 1826k of this title;
(3) a description of efforts taken by nations on those lists to comply take appropriate corrective action consistent with sections 1826j and 1826k of this title, and an evaluation of the progress of those efforts, including steps taken by the United States to implement those sections and to improve international compliance;
(4) progress at the international level, consistent with [section 1826i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826i&num=0&edition=prelim), to strengthen the efforts of international fishery management organizations to end illegal, unreported, or unregulated fishing; and
(5) steps taken by the Secretary at the international level to adopt international measures comparable to those of the United States to reduce impacts of fishing and other practices on protected living marine resources, if no international agreement to achiev
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1826h
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as otherwise provided in this title, the Secretary shall establish a fee or charge for a service or thing of value provided by the Secretary under this subtitle, in accordance with [section 9701 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9701&num=0&edition=prelim).
(2) The Secretary may not establish a fee or charge under paragraph (1) for inspection or examination of a non-self-propelled tank vessel under part B of this subtitle that is more than $500 annually. The Secretary may not establish a fee or charge under paragraph (1) for inspection or examination of a small passenger vessel under this title that is more than $300 annually for such vessels under 65 feet in length, or more than $600 annually for such vessels 65 feet in length and greater. The Secretary may not establish a fee or charge under paragraph (1) for inspection or examination under this title for any publicly-owned ferry.
(3) The Secretary may, by regulation, adjust a fee or charge collected under this subsection to accommodate changes in the cost of providing a specific service or thing of value, but the adjusted fee or charge may not exceed the total cost of providing the service or thing of value for which the fee or charge is collected, including the cost of collecting the fee or charge.
(4) The Secretary may not collect a fee or charge under this subsection that is in conflict with the international obligations of the United States.
(5) The Secretary may not collect a fee or charge under this subsection for any search or rescue service.
**(b)**
(1) In addition to the collection of fees and charges established under subsection (a), in providing a service or thing of value under this subtitle the Secretary may accept in-kind tr
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 2110
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Sport fishing equipment defined** For purposes of this part, the term “sport fishing equipment” means—
(1) fishing rods and poles (and component parts therefor),
(2) fishing reels,
(3) fly fishing lines, and other fishing lines not over 130 pounds test,
(4) fishing spears, spear guns, and spear tips,
(5) items of terminal tackle, including—
(A) leaders,
(B) artificial lures,
(C) artificial baits,
(D) artificial flies,
(E) fishing hooks,
(F) bobbers,
(G) sinkers,
(H) snaps,
(I) drayles, and
(J) swivels,
but not including natural bait or any item of terminal tackle designed for use and ordinarily used on fishing lines not described in paragraph (3), and
(6) the following items of fishing supplies and accessories—
(A) fish stringers,
(B) creels,
(C) tackle boxes,
(D) bags, baskets, and other containers designed to hold fish,
(E) portable bait containers,
(F) fishing vests,
(G) landing nets,
(H) gaff hooks,
(I) fishing hook disgorgers, and
(J) dressing for fishing lines and artificial flies,
(7) fishing tip-ups and tilts,
(8) fishing rod belts, fishing rodholders, fishing harnesses, fish fighting chairs, fishing outriggers, and fishing downriggers, and
(9) electric outboard boat motors.
**(b) Treatment of certain resales**
(1) **In general** — If—
(A) the manufacturer, producer, or importer sells any article taxable under section 4161(a) to any person,
(B) the constructive sale price rules of section 4216(b) do not apply to such sale, and
(C) such person (or any other person) sells such article to a related person with respect to the manufacturer, producer, or importer,
then such related person shall be liable for tax under section 4161 in the same manner as if such related person were
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 4162
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Certification to President**
(1) When the Secretary of Commerce, in consultation with the Secretary of State, determines that nationals of a foreign country, directly or indirectly, are conducting fishing operations in a manner or under circumstances which diminish the effectiveness of an international fishery conservation program, the Secretary of Commerce shall certify such fact to the President.
(2) When the Secretary of Commerce or the Secretary of the Interior, in consultation with the Secretary of State, finds that nationals of a foreign country, directly or indirectly, are engaging in trade or taking which diminishes the effectiveness of any international program for endangered or threatened species, the Secretary making such finding shall certify such fact to the President.
(3) In administering this subsection, the Secretary of Commerce or the Secretary of the Interior, as appropriate, in consultation with the Secretary of State, shall—
(A) periodically monitor the activities of foreign nationals that may affect the international programs referred to in paragraphs (1) and (2);
(B) promptly investigate any activity by foreign nationals that, in the opinion of the Secretary, may be cause for certification under paragraph (1) or (2); and
(C) promptly conclude; and reach a decision with respect to; any investigation commenced under subparagraph (B).
(4) The Secretary of Commerce and the Secretary of the Interior shall each report to Congress each certification to the President made by such Secretary under this subsection, within 15 days after making such certification.
(5) Upon receipt of any certification made under paragraph (1) or (2), the President may direct the Secretary of the Treasury to prohibit the bringing or the importation into the U
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1978
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1826b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Identification**
(1) **Identification for actions of fishing vessels** — The Secretary shall, based on a cumulative compilation and analysis of data collected and provided by international fishery management organizations and other nations and organizations, identify, and list in the report under [section 1826h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826h&num=0&edition=prelim), a nation if any fishing vessel of that nation is engaged, or has been engaged at any point during the preceding 3 years, in illegal, unreported, or unregulated fishing—
(A) that undermines the effectiveness of measures required by an international fishery management organization, taking into account whether the relevant international fishery management organization has failed to implement effective measures to end the illegal, unreported, or unregulated fishing activity by that nation or the nation is not a party to, or does not maintain cooperating status with, such organization; or
(B) where no international fishery management organization exists with a mandate to regulate the fishing activity in question.
(2) **For actions of a nation** — The Secretary shall identify, and list in such report, a nation engaging in or endorsing illegal, unreported, or unregulated fishing. In determining which nations to list in such report, the Secretary shall consider the following:
(A) Any nation that is violating, or has violated at any point during the 3 years preceding the date of the determination, conservation and management measures, including catch and other data reporting obligations and requirements, required under an international fishery management agreement to which the United States is a party.
(B) Any nation that is failing,
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1826j
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Federal law — U.S. Code and appendices · legal_authorities
Page 2030
TITLE 16—CONSERVATION
§ 1826a
fectiveness of the law, policy, and procedures governing
enforcement of the exclusive management authority of
the United States over anadromous species against
fishing vessels engaged in fishing beyond the exclusive
economic zone of any nation;’’.
Subsec. (f). Pub. L. 104–297, § 105(f)(2), substituted
‘‘subsection (e)(4)’’ for ‘‘subsection (e)(6)’’.
1990—Pub. L. 101–627 amended section generally, sub-
stituting provisions relating to large-scale driftnet
fishing for provisions relating to transitional provi-
sions.
1986—Subsec. (b). Pub. L. 99–659 substituted ‘‘exclu-
sive economic zone’’ for ‘‘fishery conservation zone’’.
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relat-
ing thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu-
rity, and the Department of Homeland Security Reor-
ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE
AND FISHERIES
Committee on Merchant Marine and Fisheries of
House of Representatives abolished and its jurisdiction
transferred by House Resolution No. 6, One Hundred
Fourth Congress, Jan. 4, 1995. Committee on Merchant
Marine and Fisheries of House of Representatives treat-
ed as referring to Committee on Resources of House of
Representatives in case of provisions relating to fish-
eries, wildlife, international fishing agreements, ma-
rine affairs (including coastal zone management) ex-
cept for measures
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1826a
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.