16 U.S.C. § 7404 — Authorization or denial of port entry

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.) 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 Central Pacific Fisheries Convention Implementation Act, referred to in par. (4), probably means section 507(a) of title V of Pub. L. 109–479, which is classified to section 6906(a) of this title. § 7407. Enforcement (a) Existing authorities and responsibilities (1) Authorities and responsibilities The authorities and responsibilities under subsections (a), (b), and (c) of section 1861 of this title and subsection (f) of section 1858 of this title and paragraphs (2), (3), and (7) of sec- tion 2439(b) of this title shall apply with re- spect to enforcement of this chapter. (2) Included vessels For purposes of enforcing this chapter, any reference in such paragraphs and subsections to a ‘‘vessel’’ or ‘‘fishing vessel’’ includes all vessels as defined in section 7402(8) of this title. (3) Application of other provisions Such paragraphs and subsections apply to violations of this chapter and any regulations promulgated under this chapter. (b) Civil enforcement (1) Civil administrative penalties (A) In general Any person who is found by the Secretary (after notice and opportunity for a hearing in accordance with section 554 of title 5) to have committed an act prohibited under sec- tion 7406 of this title shall be liable to the United States for a civil penalty. The amount of the civil penalty shall be con- sistent with the amount under section 1858(a) of this title. (B) Compromise or other action by secretary The Secretary shall have the same author- ity as provided in section 1858(e) of this title with respect to a violation of this chapter.1 (2) In rem jurisdiction For purposes of this chapter, the conditions for in rem liability shall be consistent with section 1858(d) of this title. (3) Action upon failure to pay assessment If any person fails to pay an assessment of a civil penalty under this chapter after it has become a final and unappealable order, or after the appropriate court has entered final judgment in favor of the Secretary, the Sec- retary shall refer the matter to the Attorney General, who shall recover the amount as- sessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to re- view. (c) Forfeiture (1) In general Any foreign vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used, and any fish (or the fair market value thereof) imported or possessed in con- nection with or as 2 result of the commission of any act prohibited by section 7406 of this title shall be subject to forfeiture under sec- tion 1860 of this title. (2) Application of the customs laws All provisions of law relating to seizure, summary judgment, and judicial forfeiture and condemnation for violation of the customs laws, the disposition of the property forfeited or condemned or the proceeds from the sale thereof, the remission or mitigation of such forfeitures, and the compromise of claims shall apply to seizures and forfeitures in- curred, or alleged to have been incurred, under the provisions of this chapter, insofar as appli- cable and not inconsistent with the provisions hereof. For seizures and forfeitures of property under this section by the Secretary, such du- ties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs law may be performed by such officers as are designated by the Secretary or, upon request of the Secretary, by any other agency that has