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16 U.S.C. § 7405 — Inspections
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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Source location: Title 16, Chapter 93, § 7405; chapter-093-agreement-on-port-state-measures-to-prevent-deter-and-eliminate-illegal-unreported-and-unregulated-fishing.md
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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
**(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) 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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Federal law — U.S. Code and appendices · legal_authorities
Page 2696
TITLE 16—CONSERVATION
§ 7405
1 See References in Text note below.
1 See References in Text note below.
2 So in original. The word ‘‘a’’ probably should appear.
§ 7405. Inspections
The Secretary, and the Secretary of the de-
partment 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 in-
spection, the Secretary has reasonable grounds
to believe that a foreign vessel has engaged in
IUU fishing or fishing-related activities in sup-
port of such fishing, the Secretary may take en-
forcement action under this chapter or other ap-
plicable 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.)
§ 7406. Prohibited acts
It is unlawful for any person subject to the ju-
risdiction 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 reg-
ulations issued under this chapter; or
(4) to commit any offense enumerated in
paragraph (4), (5), (7), or (9) of section 707(a) 1
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.)
Editorial Notes
REFERENCES IN TEXT
Section 707(a) of the Western and C
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