§1825 — Title 16 Conservation | U.S. Code

Summary

If the Secretary of State finds one of four problems between the United States and a foreign nation about fishing rights, the Secretary of the Treasury must block imports of that nation’s fish and fish products. The four problems are: the U.S. could not reach a fair fishing agreement in a reasonable time because the nation refused to start talks or did not negotiate in good faith; the nation is not letting U.S. vessels fish for tuna under an international agreement; the nation is not following an existing international fishing agreement about waters it claims; or a U.S. fishing vessel was seized while fishing beyond that nation’s territorial sea in ways that violate or lack authorization under an agreement or under a U.S.-recognized claim of jurisdiction. The Treasury must ban all fish and fish products from the fishery involved and may ban other fish products from that country if the Secretary of State recommends it. If the Secretary of State later says the problems are fixed, the Treasury must lift the ban. "Fish" includes highly migratory species. "Fish products" means any item made from fish, in whole or in part.

Title 16, §1825

Conservation — Source: USLM XML via OLRC

(a)If the Secretary of State determines that—

(1)he has been unable, within a reasonable period of time, to conclude with any foreign nation an international fishery agreement allowing fishing vessels of the United States equitable access to fisheries over which that nation asserts exclusive fishery management authority, including fisheries for tuna species, as recognized by the United States, in accordance with fishing activities of such vessels, if any, and under terms not more restrictive than those established under section 1821(c) and (d) and 1824(b)(7) and (10) of this title, because such nation has (A) refused to commence negotiations, or (B) failed to negotiate in good faith;

(2)any foreign nation is not allowing fishing vessels of the United States to engage in fishing for tuna species in accordance with an applicable international fishery agreement, whether or not such nation is a party thereto;

(3)any foreign nation is not complying with its obligations under any existing international fishery agreement concerning fishing by fishing vessels of the United States in any fishery over which that nation asserts exclusive fishery management authority; or

(4)any fishing vessel of the United States, while fishing in waters beyond any foreign nation’s territorial sea, to the extent that such sea is recognized by the United States, is seized by any foreign nation—

(A)in violation of an applicable international fishery agreement;

(B)without authorization under an agreement between the United States and such nation; or

(C)as a consequence of a claim of jurisdiction which is not recognized by the United States;

(b)Upon receipt of any certification from the Secretary of State under subsection (a), the Secretary of the Treasury shall immediately take such action as may be necessary and appropriate to prohibit the importation into the United States—

(1)of all fish and fish products from the fishery involved, if any; and

(2)upon recommendation of the Secretary of State, such other fish or fish products, from any fishery of the foreign nation concerned, which the Secretary of State finds to be appropriate to carry out the purposes of this section.

(c)If the Secretary of State finds that the reasons for the imposition of any import prohibition under this section no longer prevail, the Secretary of State shall notify the Secretary of the Treasury, who shall promptly remove such import prohibition.

(d)As used in this section—

(1)The term “fish” includes any highly migratory species.

(2)The term “fish products” means any article which is produced from or composed of (in whole or in part) any fish.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1990—Subsec. (a)(1). Pub. L. 101–627, § 105(b)(1)(A), inserted “including fisheries for tuna species,” after “authority,” and struck out “traditional” after “in accordance with”. Subsec. (a)(2). Pub. L. 101–627, § 105(b)(1)(B), substituted “tuna” for “highly migratory”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 Amendment Pub. L. 101–627, title I, § 105(b)(2), Nov. 28, 1990, 104 Stat. 4440, provided that: “The

Amendments

made by this subsection [amending this section] shall take effect on January 1, 1992.”

§1825 Import Prohibitions

Summary

Title 16, §1825

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata