16 U.S.C. § 7403 — Duties and authorities of the Secretary

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 criteria adopted by RFMOs of which the United States is a member for identifying IUU vessels and activities. (4) The term ‘‘Magnuson-Stevens Act’’ means the Magnuson-Stevens Fishery Con- servation and Management Act (16 U.S.C. 1801 et seq.). (5) The term ‘‘person’’ has the same meaning as that term has in section 3 of the Magnuson- Stevens Act (16 U.S.C. 1802). (6) The terms ‘‘RFMO’’ and ‘‘regional fish- eries management organization’’ mean a re- gional fisheries management organization (as that term is defined by the United Nation’s 1 Food and Agriculture Organization Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing) that is recognized by the United States. (7) The term ‘‘Secretary’’ means the Sec- retary of Commerce or his or her designee. (8) The term ‘‘vessel’’ means any vessel, ship of another type, or boat used for, equipped to be used for, or intended to be used for, fishing or fishing-related activities, including con- tainer vessels that are carrying fish that have not been previously landed. (9) The term ‘‘fish’’ means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mam- mals and birds. (10) The term ‘‘fishing’’— (A) except as provided in subparagraph (B), means— (i) the catching, taking, or harvesting of fish; (ii) the attempted catching, taking, or harvesting of fish; (iii) any other activity which can reason- ably be expected to result in the catching, taking, or harvesting of fish; or (iv) any operations at sea in support of, or in preparation for, any activity de- scribed in clauses (i) through (iii); and (B) does not include any scientific research activity that is conducted by a scientific re- search vessel. (Pub. L. 114–81, title III, § 303, Nov. 5, 2015, 129 Stat. 664.) Editorial Notes REFERENCES IN TEXT The Magnuson-Stevens Fishery Conservation and Management Act, referred to in par. (4), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. § 7403. Duties and authorities of the Secretary (a) Regulations The Secretary may, as needed, promulgate such regulations— (1) in accordance with section 553 of title 5; (2) consistent with provisions of this chap- ter; 1 and (3) with respect to enforcement measures, in consultation with the Secretary of the depart- ment 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 Sec- retary 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 sec- tion 1433 of title 19 1 or that is not specified under an existing international fisheries agree- ment. (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, the Page 2695 TITLE 16—CONSERVATION § 7404 withdrawal of the denial of port services for a foreign vessel, the taking of enforcement action pursuant to section 7405 of this title with re- spect to a foreign vessel, or the results of any in- spection 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 Orga- nization of the United Nations, and other rel- evant international organizations. (d) Confirmation that fish were taken in accord- ance 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 ju- risdiction of the United States were taken in ac- cordance with applicable RFMO conservation and management measures. (Pub. L. 114–81, title III, § 304, Nov. 5, 2015, 129 Stat. 665.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(2), was in the original ‘‘the title’’ and was translated as meaning ‘‘this title’’ to reflect the probable intent of Congress. Section 1433 of title 19, referred to in subsec. (b), was in the original a reference to ‘‘section 1433 of title 19, United States Code’’ but probably should have been a reference to section 433 of the Tariff Act of 1930, act June 17, 1930, ch. 497, which is classified to section 1433 of Title 19, Customs Duties. § 7404. Authorization or denial of port entry (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 jurisdic- tion of the United States must submit to the Secretary of the department in which the Coast Guard is operating information as re- quired under the Agreement in advance of its arrival in port. The Secretary of the depart- ment in which the Coast Guard is operating shall provide that information to the Sec- retary. (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 in- formation 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 deci- sion 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 ap- plies— (A) that is described in subsection (a)(2); and (B) that— (i) is a listed IUU vessel; or (ii) the Secretary of Commerce has rea- sonable grounds to believe— (I) has engaged in IUU fishing or fish- ing-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 (a)(2) is in a port that is subject to the jurisdiction of the United States, the Secretary of the department in which the Coast Guard is operating, at the re- quest of the Secretary, shall deny such vessel the use of the port for landing, transshipment, packaging and processing of fish, refueling, re- supplying, maintenance, and drydocking, if— (1) the vessel entered without authorization under subsection (b); (2) the vessel is a listed IUU vessel; (3) the vessel is not documented under the laws of another nation; (4) the flag nation of the vessel has failed to provide confirmation requested by the Sec- retary that the fish on board were taken in ac- cordance with applicable RFMO conservation and management measures; or (5) the Secretary has reasonable grounds to believe— (A) the vessel lacks valid authorizations to engage in fishing or fishing-related activi- ties as required by its flag nation or the rel- evant coastal nation; (B) the fish on board were taken in viola- tion of foreign law or in contravention of any RFMO conservation and management measure; or (C) the vessel has engaged in IUU fishing or fishing-related activities in support of such fishing, including in support of a listed IUU vessel, unless it can establish that— (i) it was acting in a manner consistent with applicable RFMO conservation and management measures; or (ii) in the case of the provision of per- sonnel, fuel, gear, and other supplies at sea, the vessel provisioned was not, at the time of provisioning, a listed IUU vessel. (d) Exceptions Notwithstanding subsections (b) and (c), the Secretary of the department in which the Coast Guard is operating may allow port entry or the use of port services— (1) if they are essential to the safety or health of the crew or safety of the vessel; (2) to allow, where appropriate, for the scrapping of the vessel; or (3) pursuant to an inspection or other en- forcement action. (Pub. L. 114–81, title III, § 305, Nov. 5, 2015, 129 Stat. 666.)