U.S. Code > Title 16 Conservation > CHAPTER 38—FISHERY CONSERVATION AND MANAGEMENT (§§ 1801—1891d) > SUBCHAPTER III—FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS (§§ 1821—1829) > § 1826a. Denial of port privileges and sanctions for high seas large-scale driftnet fishing

§ 1826a. Denial of port privileges and sanctions for high seas large-scale driftnet fishing

(a) Denial of port privileges
(1) Publication of list
Not later than 30 days after November 2, 1992, and periodically thereafter, the Secretary of Commerce, in consultation with the Secretary of State, shall publish a list of nations whose nationals or vessels conduct large-scale driftnet fishing beyond the exclusive economic zone of any nation.
(2) Denial of port privileges
The Secretary of the Treasury shall, in accordance with recognized principles of international law—
(A) withhold or revoke the clearance required by section 60105 of title 46 for any large-scale driftnet fishing vessel that is documented under the laws of the United States or of a nation included on a list published under paragraph (1); and
(B) deny entry of that vessel to any place in the United States and to the navigable waters of the United States.
(3) Notification of nation
Before the publication of a list of nations under paragraph (1), the Secretary of State shall notify each nation included on that list regarding—
(A) the effect of that publication on port privileges of vessels of that nation under paragraph (1); and
(B) any sanctions or requirements, under this Act or any other law, that may be imposed on that nation if nationals or vessels of that nation continue to conduct large-scale driftnet fishing beyond the exclusive economic zone of any nation after December 31, 1992.
(b) Sanctions
(1) Identifications
(A) Initial identifications
Not later than January 10, 1993, the Secretary of Commerce shall—
(i) identify each nation whose nationals or vessels are conducting large-scale driftnet fishing or illegal, unreported, or unregulated fishing beyond the exclusive economic zone of any nation; and
(ii) notify the President and that nation of the identification under clause (i).
(B) Additional identifications
At any time after January 10, 1993, whenever the Secretary of Commerce has reason to believe that the nationals or vessels of any nation are conducting large-scale driftnet fishing or illegal, unreported, or unregulated fishing beyond the exclusive economic zone of any nation, the Secretary of Commerce shall—
(i) identify that nation; and
(ii) notify the President and that nation of the identification under clause (i).
(2) Consultations
Not later than 30 days after a nation is identified under paragraph (1)(B), the President shall enter into consultations with the government of that nation for the purpose of obtaining an agreement that will effect the immediate termination of large-scale driftnet fishing or illegal, unreported, or unregulated fishing by the nationals or vessels of that nation beyond the exclusive economic zone of any nation.
(3) Prohibition on imports of fish and fish products and sport fishing equipment
(A) Prohibition
The President—
(i) upon receipt of notification of the identification of a nation under paragraph (1)(A); or
(ii) if the consultations with the government of a nation under paragraph (2) are not satisfactorily concluded within ninety days, shall direct the Secretary of the Treasury to prohibit the importation into the United States of fish and fish products and sport fishing equipment (as that term is defined in section 4162 of title 26) from that nation.
(B) Implementation of prohibition
With respect to an import prohibition directed under subparagraph (A), the Secretary of the Treasury shall implement such prohibition not later than the date that is forty-five days after the date on which the Secretary has received the direction from the President.
(C) Public notice of prohibition
Before the effective date of any import prohibition under this paragraph, the Secretary of the Treasury shall provide public notice of the impending prohibition.
(4) Additional economic sanctions
(A) Determination of effectiveness of sanctions
Not later than six months after the date the Secretary of Commerce identifies a nation under paragraph (1), the Secretary shall determine whether—
(i) any prohibition established under paragraph (3) is insufficient to cause that nation to terminate large-scale driftnet fishing or illegal, unreported, or unregulated fishing conducted by its nationals and vessels beyond the exclusive economic zone of any nation; or
(ii) that nation has retaliated against the United States as a result of that prohibition.
(B) Certification
The Secretary of Commerce shall certify to the President each affirmative determination under subparagraph (A) with respect to a nation.
(C) Effect of certification
Certification by the Secretary of Commerce under subparagraph (B) is deemed to be a certification under section 1978 (a) of title 22.