16 U.S.C. § 7403: Duties and authorities of…

Summary

The Secretary can make rules needed to carry out these fisheries duties. The rules must follow the normal federal rulemaking process and stay inside this law. For enforcement rules, the Secretary must consult with the department that runs the Coast Guard. The Secretary can also choose and announce which ports ships may use, but only if those ports are already customs ports of entry or are listed in an existing international fisheries agreement. The Secretary must notify a ship’s flag country when the United States denies the ship entry, cancels such a denial, takes enforcement action, or completes an inspection. The Secretary should also tell the ship master’s country when relevant, nearby coastal nations, regional fisheries bodies, the U.N. Food and Agriculture Organization, and other international groups. The Secretary may ask the flag country to confirm that the fish on board were caught under the applicable regional conservation rules.

Title 16, §7403

Conservation, Source: USLM XML via OLRC

(a)Regulations

The Secretary may, as needed, promulgate such regulations—

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

(2)consistent with provisions of this chapter; and

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

as may be necessary to carry out the purposes of this chapter, to the extent that such regulations are not already promulgated.

(b)Ports of entry

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)Notification

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)Confirmation that fish were taken in accordance with conservation and management measures

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