46 U.S.C. § 55114 — Unloading fish from foreign vessels

Page 482 TITLE 46—SHIPPING § 55114 same privileges accorded to vessels of the for- eign country under this section. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1638.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55113 .......... 46:12101 note. Pub. L. 104–324, title XI, § 1117, Oct. 19, 1996, 110 Stat. 3973. § 55114. Unloading fish from foreign vessels (a) PROHIBITIONS.—Except as otherwise pro- vided by this section or a treaty or convention to which the United States is a party, a foreign vessel may not unload, in a port of the United States— (1) its catch of fish taken on board on the high seas or fish products processed from that catch of fish; or (2) fish or fish products taken on board that vessel on the high seas from a vessel engaged in fishing operations or the processing of fish or fish products. (b) REGULATIONS ON OBTAINING INFORMATION.— The Secretary of Commerce may prescribe regu- lations the Secretary considers necessary to ob- tain information on the transportation of fish products by vessels of the United States for for- eign fish processing vessels to points in the United States. (c) VIRGIN ISLANDS.— (1) IN GENERAL.—A foreign vessel of not more than 50 feet overall in length may unload its catch of fresh fish (whole or with the heads, viscera, or fins removed, but not frozen, other- wise processed, or further advanced) in a port of the Virgin Islands for immediate consump- tion in those islands. Fish unloaded under this paragraph may be sold or transferred only for immediate consumption. In the absence of sat- isfactory evidence that a sale or transfer to an agent, representative, or employee of a freezer or cannery is for immediate consumption, the sale or transfer is deemed not to be for imme- diate consumption. This paragraph does not prohibit the freezing, smoking, or other proc- essing of fresh fish by the ultimate consumer of the fish. (2) SEIZURE, FORFEITURE, AND PENALTY.—Fish unloaded in the Virgin Islands that are re- tained, sold, or transferred, except as allowed by paragraph (1), are liable to seizure by and forfeiture to the United States Government. A person retaining, selling, transferring, buying, or receiving the fish is liable to the Govern- ment for a civil penalty of not more than $1,000 for each violation. A penalty or for- feiture under this paragraph may be com- promised, modified, or remitted under section 2107(b) of this title. (d) NORTHERN MARIANA ISLANDS.—Subsection (a) does not apply to the Northern Mariana Is- lands. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1639.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55114(a) ...... 46 App.:251(a) (1st sentence). R.S. § 4311; Sept. 2, 1950, ch. 842, 64 Stat. 577; Pub. L. 87–220, § 1, Sept. 13, 1961, 75 Stat. 493; Pub. L. 96–61, § 2, Aug. 15, 1979, 93 Stat. 407; Pub. L. 96–594, title I, § 126(b), Dec. 24, 1980, 94 Stat. 3459; Pub. L. 100–239, § 8(a), Jan. 11, 1988, 101 Stat. 1783. 55114(b) ...... 46 App.:251(a) (last sentence). 55114(c)(1) .. 46 App.:251(b). 55114(c)(2) .. 46 App.:251(c). 46 App.:251a. Pub. L. 87–220, § 2, Sept. 13, 1961, 75 Stat. 493. 55114(d) ...... 48:1801 note (Cov- enant § 503(b)). In subsection (a), before paragraph (1), the words ‘‘whether documented as a cargo vessel or otherwise’’ are omitted as unnecessary. In subsection (c)(2), the words ‘‘severally’’ and ‘‘in ad- dition to any other penalty provided in law’’ are omit- ted as unnecessary. The last sentence is substituted for 46 App. U.S.C. 251a. Subsection (d) is based on section 503(b) of the Cov- enant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America (48 U.S.C. 1801 note). § 55115. Supplies on fish processing vessels Section 55102 of this title does not apply to supplies aboard a United States documented fish processing vessel that are necessary and used for processing or assembling fishery products aboard such a vessel. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1640.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55115 .......... 46 App.:883 (10th proviso). June 5, 1920, ch. 250, § 27 (10th proviso), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 97–389, title V, § 504, Dec. 29, 1982, 96 Stat. 1956. The words ‘‘Section 55102 of this title does not apply to’’ are substituted for ‘‘for the purposes of this sec- tion’’ and ‘‘shall be considered ship’s equipment and not merchandise’’ for consistency in the chapter. § 55116. Canadian rail lines Section 55102 of this title does not apply to the transportation of merchandise between points in the continental United States, including Alaska, over through routes in part over Canadian rail lines and connecting water facilities if the routes are recognized by the Surface Transpor- tation Board and rate tariffs for the routes have been filed with the Board. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1640.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55116 .......... 46 App.:883 (3d pro- viso). June 5, 1920, ch. 250, § 27 (3d proviso), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 85–508, § 27(a), July 7, 1958, 72 Stat. 351; Pub. L. 104–324, title VII, § 747(1), Oct. 19, 1996, 110 Stat. 3943.