§ 1826a. — Denial of port privileges and sanctions for high seas largescale driftnet fishing.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1826a]
TITLE 16--CONSERVATION
CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER III--FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS
Sec. 1826a. Denial of port privileges and sanctions for high
seas large-scale driftnet fishing
(a) Denial of port privileges
(1) Publication of list
Not later than 30 days after November 2, 1992, and periodically
thereafter, the Secretary of Commerce, in consultation with the
Secretary of State, shall publish a list of nations whose nationals
or vessels conduct large-scale driftnet fishing beyond the exclusive
economic zone of any nation.
(2) Denial of port privileges
The Secretary of the Treasury shall, in accordance with
recognized principles of international law--
(A) withhold or revoke the clearance required by section 91
of title 46, Appendix, for any large-scale driftnet fishing
vessel that is documented under the laws of the United States or
of a nation included on a list published under paragraph (1);
and
(B) deny entry of that vessel to any place in the United
States and to the navigable waters of the United States.
(3) Notification of nation
Before the publication of a list of nations under paragraph (1),
the Secretary of State shall notify each nation included on that
list regarding--
(A) the effect of that publication on port privileges of
vessels of that nation under paragraph (1); and
(B) any sanctions or requirements, under this Act or any
other law, that may be imposed on that nation if nationals or
vessels of that nation continue to conduct large-scale driftnet
fishing beyond the exclusive economic zone of any nation after
December 31, 1992.
(b) Sanctions
(1) Identifications
(A) Initial identifications
Not later than January 10, 1993, the Secretary of Commerce
shall--
(i) identify each nation whose nationals or vessels are
conducting large-scale driftnet fishing beyond the exclusive
economic zone of any nation; and
(ii) notify the President and that nation of the
identification under clause (i).
(B) Additional identifications
At any time after January 10, 1993, whenever the Secretary
of Commerce has reason to believe that the nationals or vessels
of any nation are conducting large-scale driftnet fishing beyond
the exclusive economic zone of any nation, the Secretary of
Commerce shall--
(i) identify that nation; and
(ii) notify the President and that nation of the
identification under clause (i).
(2) Consultations
Not later than 30 days after a nation is identified under
paragraph (1)(B), the President shall enter into consultations with
the government of that nation for the purpose of obtaining an
agreement that will effect the immediate termination of large-scale
driftnet fishing by the nationals or vessels of that nation beyond
the exclusive economic zone of any nation.
(3) Prohibition on imports of fish and fish products and
sport fishing equipment
(A) Prohibition
The President--
(i) upon receipt of notification of the identification
of a nation under paragraph (1)(A); or
(ii) if the consultations with the government of a
nation under paragraph (2) are not satisfactorily concluded
within ninety days, shall direct the Secretary of the
Treasury to prohibit the importation into the United States
of fish and fish products and sport fishing equipment (as
that term is defined in section 4162 of title 26) from that
nation.
(B) Implementation of prohibition
With respect to an import prohibition directed under
subparagraph (A), the Secretary of the Treasury shall implement
such prohibition not later than the date that is forty-five days
after the date on which the Secretary has received the direction
from the President.
(C) Public notice of prohibition
Before the effective date of any import prohibition under
this paragraph, the Secretary of the Treasury shall provide
public notice of the impending prohibition.
(4) Additional economic sanctions
(A) Determination of effectiveness of sanctions
Not later than six months after the date the Secretary of
Commerce identifies a nation under paragraph (1), the Secretary
shall determine whether--
(i) any prohibition established under paragraph (3) is
insufficient to cause that nation to terminate large-scale
driftnet fishing conducted by its nationals and vessels
beyond the exclusive economic zone of any nation; or
(ii) that nation has retaliated against the United
States as a result of that prohibition.
(B) Certification
The Secretary of Commerce shall certify to the President
each affirmative determination under subparagraph (A) with
respect to a nation.
(C) Effect of certification
Certification by the Secretary of Commerce under
subparagraph (B) is deemed to be a certification under section
1978(a) of title 22.
(Pub. L. 102-582, title I, Sec. 101, Nov. 2, 1992, 106 Stat. 4901.)
References in Text
This Act, referred to in subsec. (a)(3)(B), is Pub. L. 102-582, Nov.
2, 1992, 106 Stat. 4900, known as the High Seas Driftnet Fisheries
Enforcement Act, which enacted sections 1826a to 1826c of this title and
section 1707a of Title 46, Appendix, Shipping, amended sections 1362,
1371, 1852, and 1862 of this title, section 1978 of Title 22, Foreign
Relations and Intercourse, and section 2110 of Title 46, repealed
section 1111c of Title 46, Appendix, and enacted provisions set out as
notes under this section and sections 1801, 1823, and 1861 of this title
and section 2110 of Title 46. For complete classification of this Act to
the Code, see Short Title of 1992 Amendments note set out under section
1801 of this title and Tables.
Codification
Section was enacted as part of the High Seas Driftnet Fisheries
Enforcement Act, and not as part of the Magnuson-Stevens Fishery
Conservation and Management Act which comprises this chapter.
High Seas Driftnet Fisheries Enforcement; Congressional Statement of
Findings and Policy
Section 2 of Pub. L. 102-582, as amended by Pub. L. 104-208, div. A,
title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 1996, 110 Stat.
3009, 3009-41, provided that:
``(a) Findings.--Congress makes the following findings:
``(1) Large-scale driftnet fishing on the high seas is highly
destructive to the living marine resources and ocean ecosystems of
the world's oceans, including anadromous fish and other living
marine resources of the United States.
``(2) The cumulative effects of large-scale driftnet fishing
pose a significant threat to the marine ecosystem, and slow-
reproducing species like marine mammals, sharks, and seabirds may
require many years to recover.
``(3) Members of the international community have reviewed the
best available scientific data on the impacts of large-scale pelagic
driftnet fishing, and have failed to conclude that this practice has
no significant adverse impacts which threaten the conservation and
sustainable management of living marine resources.
``(4) The United Nations, via General Assembly Resolutions
numbered 44-225, 45-197, and most recently 46-215 (adopted on
December 20, 1991), has called for a worldwide moratorium on all
high seas driftnet fishing by December 31, 1992, in all the world's
oceans, including enclosed seas and semi-enclosed seas.
``(5) The United Nations has commended the unilateral, regional,
and international efforts undertaken by members of the international
community and international organizations to implement and support
the objectives of the General Assembly resolutions.
``(6) Operative paragraph (4) of United Nations General Assembly
Resolution numbered 46-215 specifically `encourages all members of
the international community to take measures individually and
collectively to prevent large-scale pelagic driftnet fishing
operations on the high seas of the world's oceans and seas'.
``(7) The United States, in section 307(1)(M) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1857(1)(M)), has specifically prohibited the practice of large-scale
driftnet fishing by United States nationals and vessels both within
the exclusive economic zone of the United States and beyond the
exclusive economic zone of any nation.
``(8) The Senate, through Senate Resolution 396 of the One
Hundredth Congress (approved on March 18, 1988), has called for a
moratorium on fishing in the Central Bering Sea and the United
States has taken concrete steps to implement such moratorium through
international negotiations.
``(9) Despite the continued evidence of a decline in the fishery
resources of the Bering Sea and the multiyear cooperative
negotiations undertaken by the United States, the Russian
Federation, Japan, and other concerned fishing nations, some nations
refuse to agree to measures to reduce or eliminate unregulated
fishing practices in the waters of the Bering Sea beyond the
exclusive economic zones of the United States and the Russian
Federation.
``(10) In order to ensure that the global moratorium on large-
scale driftnet fishing called for in United Nations General Assembly
Resolution numbered 46-215 takes effect by December 31, 1992, and
that unregulated fishing practices in the waters of the Central
Bering Sea are reduced or eliminated, the United States should take
the actions described in this Act [see Short Title of 1992
Amendments note set out under section 1801 of this title] and
encourage other nations to take similar action.
``(b) Policy.--It is the stated policy of the United States to--
``(1) implement United Nations General Assembly Resolution
numbered 46-215, approved unanimously on December 20, 1991, which
calls for an immediate cessation to further expansion of large-scale
driftnet fishing, a 50 percent reduction in existing large-scale
driftnet fishing effort by June 30, 1992, and a global moratorium on
the use of large-scale driftnets beyond the exclusive economic zone
of any nation by December 31, 1992;
``(2) bring about a moratorium on fishing in the Central Bering
Sea, or an international conservation and management agreement to
which the United States and the Russian Federation are parties that
regulates fishing in the Central Bering Sea; and
``(3) secure a permanent ban on the use of destructive fishing
practices, and in particular large-scale driftnets, by persons or
vessels fishing beyond the exclusive economic zone of any nation.''
Section Referred to in Other Sections
This section is referred to in sections 1826b, 1826c of this title.
