§ 1825. — Import prohibitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1825]
TITLE 16--CONSERVATION
CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER III--FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS
Sec. 1825. Import prohibitions
(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 sections 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) of this section, 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) 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.
(Pub. L. 94-265, title II, Sec. 205, Apr. 13, 1976, 90 Stat. 345; Pub.
L. 101-627, title I, Sec. 105(b)(1), Nov. 28, 1990, 104 Stat. 4440.)
Amendments
1990--Subsec. (a)(1). Pub. L. 101-627, Sec. 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, Sec. 105(b)(1)(B), substituted
``tuna'' for ``highly migratory''.
Effective Date of 1990 Amendment
Section 105(b)(2) of Pub. L. 101-627 provided that: ``The amendments
made by this subsection [amending this section] shall take effect on
January 1, 1992.''
Section Referred to in Other Sections
This section is referred to in sections 972c, 973a of this title.
