§7403 — Title 16 Conservation | U.S. Code

Summary

The Secretary may make rules as needed, following section 553 of title 5 and consistent with this chapter, and must talk with the Secretary of the department that runs the Coast Guard about enforcement rules. The Secretary can pick and announce which ports ships may use, but only if those ports are already customs ports of entry under section 1433 of title 19 or are listed in an existing international fisheries agreement. The Secretary must tell a vessel’s flag country—and, when appropriate, the master’s country, nearby coastal nations, regional fisheries management organizations (RFMOs), the Food and Agriculture Organization of the United Nations, and other relevant international bodies—when the Secretary denies or restores port entry or services under section 7404, takes enforcement action under section 7405, or completes an inspection of a foreign vessel. The Secretary may also ask a vessel’s flag state to confirm that fish on board in a U.S. port were caught under applicable RFMO conservation and management measures.

Title 16, §7403

Conservation — Source: USLM XML via OLRC

(a)The Secretary may, as needed, promulgate such regulations—

(1)in accordance with section 553 of title 5;

(2)consistent with provisions of this chapter; 11 See References in Text note below. and

(3)with respect to enforcement measures, in consultation with the Secretary of the department in which the Coast Guard is operating;

(b)The Secretary, in consultation with the Secretary of the department in which the Coast Guard is operating, may designate and publicize the ports to which vessels may seek entry. No port may be designated under this section that has not also been designated as a port of entry for customs reporting purposes pursuant to section 1433 of title 19 1 or that is not specified under an existing international fisheries agreement.

(c)The Secretary shall provide notification of the denial of port entry or the use of port services for a vessel under section 7404 of this title, the withdrawal of the denial of port services for a foreign vessel, the taking of enforcement action pursuant to section 7405 of this title with respect to a foreign vessel, or the results of any inspection 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 Organization of the United Nations, and other relevant international organizations.

(d)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 jurisdiction of the United States were taken in accordance with applicable RFMO conservation and management measures.

Notes & Related Subsidiaries

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.

§7403 Duties and Authorities of the Secretary

Summary

Title 16, §7403

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata