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, regional, and international efforts undertaken by members of the international community and international organizations to implement and sup- port the objectives of the General Assembly resolu- tions. ‘‘(6) Operative paragraph (4) of United Nations Gen- eral Assembly Resolution numbered 46–215 specifi- cally ‘encourages all members of the international community to take measures individually and collec- tively to prevent large-scale pelagic driftnet fishing operations on the high seas of the world’s oceans and seas’. ‘‘(7) The United States, in section 307(1)(M) of the Magnuson-Stevens Fishery Conservation and Man- agement Act (16 U.S.C. 1857(1)(M)), has specifically prohibited the practice of large-scale driftnet fishing by United States nationals and vessels both within the exclusive economic zone of the United States and beyond the exclusive economic zone of any nation. ‘‘(8) The Senate, through Senate Resolution 396 of the One Hundredth Congress (approved on March 18, 1988), has called for a moratorium on fishing in the Central Bering Sea and the United States has taken concrete steps to implement such moratorium through international negotiations. ‘‘(9) Despite the continued evidence of a decline in the fishery resources of the Bering Sea and the multiyear cooperative negotiations undertaken by the United States, the Russian Federation, Japan, and other concerned fishing nations, some nations refuse to agree to measures to reduce or eliminate unregulated fishing practices in the waters of the Bering Sea beyond the exclusive economic zones of the United States and the Russian Federation. ‘‘(10) In order to ensure that the global moratorium on large-scale driftnet fishing called for in United Na- tions General Assembly Resolution numbered 46–215 takes effect by December 31, 1992, and that unregu- lated fishing practices in the waters of the Central Bering Sea are reduced or eliminated, the United States should take the actions described in this Act [see Short Title of 1992 Amendments note set out under section 1801 of this title] and encourage other nations to take similar action. ‘‘(b) POLICY.—It is the stated policy of the United States to— ‘‘(1) implement United Nations General Assembly Resolution numbered 46–215, approved unanimously on December 20, 1991, which calls for an immediate cessation to further expansion of large-scale driftnet fishing, a 50 percent reduction in existing large-scale driftnet fishing effort by June 30, 1992, and a global moratorium on the use of large-scale driftnets beyond the exclusive economic zone of any nation by Decem- ber 31, 1992; ‘‘(2) bring about a moratorium on fishing in the Central Bering Sea, or an international conservation and management agreement to which the United States and the Russian Federation are parties that regulates fishing in the Central Bering Sea; and ‘‘(3) secure a permanent ban on the use of destruc- tive fishing practices, and in particular large-scale driftnets, by persons or vessels fishing beyond the ex- clusive economic zone of any nation.’’ § 1826b. Duration of denial of port privileges and sanctions Any denial of port privileges or sanction under section 1826a of this title with respect to a na- tion shall remain in effect until such time as the Secretary of Commerce certifies to the Presi- dent and the Congress that such nation has ter- minated large-scale driftnet fishing by its na- tionals and vessels beyond the exclusive eco- nomic zone of any nation or effectively ad- dressed the offending activities for which the nation received a negative certification under 1826j(d) 1 or 1826k(c) of this title. (Pub. L. 102–582, title I, § 102, Nov. 2, 1992, 106 Stat. 4903; Pub. L. 109–479, title IV, § 403(b)(2), Jan. 12, 2007, 120 Stat. 3632; Pub. L. 114–81, title I, § 102(b), Nov. 5, 2015, 129 Stat. 656.) Editorial Notes CODIFICATION Section was enacted as part of the High Seas Driftnet Fisheries Enforcement Act, and not as part of the Mag- nuson-Stevens Fishery Conservation and Management Act which comprises this chapter. AMENDMENTS 2015—Pub. L. 114–81 struck out ‘‘or illegal, unre- ported, or unregulated fishing’’ after ‘‘driftnet fishing’’ and inserted ‘‘or effectively addressed the offending ac- tivities for which the nation received a negative certifi- cation under 1826j(d) or 1826j(c) of this title’’ before pe- riod at end. 2007—Pub. L. 109–479 inserted ‘‘or illegal, unreported, or unregulated fishing’’ after ‘‘driftnet fishing’’. § 1826c. Definitions In sections 1826a to 1826c of this title, the fol- lowing definitions apply: (1) Fish and fish products The term ‘‘fish and fish products’’ means any aquatic species (including marine mam- mals and plants) and all products thereof ex- ported from a nation, whether or not taken by fishing vessels of that nation or packed, proc- essed, or otherwise prepared for export in that nation or within the jurisdiction thereof. (2) Large-scale driftnet fishing (A) In general Except as provided in subparagraph (B), the term ‘‘large-scale driftnet fishing’’