16 U.S.C. § 1825: Import prohibitions

Summary

When the Secretary of State finds problems with how another country treats U.S. fishing boats — for example, the country refuses or won’t fairly negotiate access, blocks U.S. boats from tuna fishing under an agreement, breaks a fishing agreement, or seizes a U.S. fishing vessel beyond its territorial sea in violation, without permission, or based on a claim the United States does not accept — the Secretary of State must tell the Secretary of the Treasury. After that notice, the Treasury must immediately ban imports of all fish and fish products from the affected fishery. The Secretary of State can also ask for bans on other fish or fish products from that country, and the Treasury may add those. If the problems are fixed, the Secretary of State tells the Treasury and the bans are lifted. Definitions: “Fish” includes highly migratory species. “Fish products” means items made from, or partly from, fish.

Title 16, §1825

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(a)Determinations by Secretary of State

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;

he shall certify such determination to the Secretary of the Treasury.

(b)Prohibitions

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)Removal of prohibition

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)Definitions

As used in this section

(1)

(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