§7404 Authorization or Denial of Port Entry

Summary

Vessels that are not documented under chapter 121 of title 46 and not numbered under chapter 123 of that title must send the information required by the Agreement to the Secretary who runs the Coast Guard before arriving at a U.S. port. That Secretary will give the information to the deciding Secretary, who will decide whether the vessel may enter and will tell both the Coast Guard Secretary and the vessel or its representative. The deciding Secretary may allow or deny entry based on the submitted information. The Coast Guard Secretary will then authorize or deny entry and may also deny use of port services (such as landing, transshipment, processing of fish, refueling, resupplying, maintenance, or drydocking) if the vessel entered without authorization, is a listed IUU vessel, is not documented by another nation, the flag nation failed to confirm the catch met RFMO rules, or there are reasonable grounds to believe it lacked proper fishing authorizations, carried illegally taken fish, or supported IUU fishing—unless the vessel proves it followed RFMO measures or that any at-sea provisioning was to a vessel that was not listed at that time. Entry or port services may be allowed for crew or vessel safety, for scrapping, or for inspections or enforcement actions.