16 USC 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 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 (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 request of the Secretary, shall deny such vessel the use of the port for landing, transshipment, packaging and processing of fish, refueling, resupplying, 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 Secretary that the fish on board were taken in accordance 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 activities as required by its flag nation or the relevant coastal nation;
(B) the fish on board were taken in violation 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 personnel, fuel, gear, and other supplies at sea, the vessel provisioned was not, at the time of provisioning, a listed IUU vessel.
(d) Exceptions
Terms Used In 16 USC 7404
- Agreement: means the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, done at the Food and Agriculture Organization of the United Nations, in Rome, Italy, November 22, 2009, and signed by the United States November 22, 2009. See 16 USC 7402
- fish: means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds. See 16 USC 7402
- IUU fishing: means any activity set out in paragraph 3 of the 2001 FAO International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing. See 16 USC 7402
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- listed IUU vessel: means a vessel that is included in a list of vessels having engaged in IUU fishing or fishing-related activities in support of IUU fishing that has been adopted by a regional fisheries management 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 Secretary determines the criteria used by that organization to create the IUU list is comparable to criteria adopted by RFMOs of which the United States is a member for identifying IUU vessels and activities. See 16 USC 7402
- Secretary: means the Secretary of Commerce or his or her designee. See 16 USC 7402
- 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 container vessels that are carrying fish that have not been previously landed. See 16 USC 7402
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 enforcement action.