§ 1825. Import prohibitions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1976

   Fishery Conservation and Management Act of 1976

   Pub. L. 94–265 title II § 205 · 90 Stat. 331

   Enacted · 16 U.S.C. § 1825

   Pub. L. 94–265, title II, § 205, Apr. 13, 1976, 90 Stat. 345

   Source evidence

   Code source credit
   Pub. L. 94–265, title II, § 205, Apr. 13, 1976, 90 Stat. 345

   Enacted provision · exact public law section
   SEC. 205. 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, as recognized by the United States, in accordance with traditional fishing activities of such vessels, if any, and under terms not more restrictive than those established under sections 201 (c) and (d) and 204 (b)(7) and (10), 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 highly migratory 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), 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.

2. 1990

   Pub. L. 101–627 § 105(b)(1)(A) · 104 Stat. 4436

   1. Inserted · 16 U.S.C. § 1825(a)(1)

      Pub. L. 101–627, § 105(b)(1)(A), inserted “including fisheries for tuna species,” after “authority,”

   2. Struck · 16 U.S.C. § 1825(a)(1)

      Pub. L. 101–627, § 105(b)(1)(A), struck out “traditional” after “in accordance with”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 101–627, § 105(b)(1)(A), inserted “including fisheries for tuna species,” after “authority,” and struck out “traditional” after “in accordance with”.

   Enacted provision · exact public law section
   (A) in paragraph (1) by striking “traditional” and by inserting “including fisheries for tuna species,” immediately after “authority,”; and

   Effective date note
   Pub. L. 101–627, title I, § 105(b)(2), Nov. 28, 1990, 104 Stat. 4440, provided that: “The amendments made by this subsection [amending this section] shall take effect on January 1, 1992.”

3. 1990

   Pub. L. 101–627 § 105(b)(1)(B) · 104 Stat. 4436

   Substituted · 16 U.S.C. § 1825(a)(2)

   Pub. L. 101–627, § 105(b)(1)(B), substituted “tuna” for “highly migratory”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 101–627, § 105(b)(1)(B), substituted “tuna” for “highly migratory”.

   Enacted provision · exact public law section
   (B) in paragraph (2) by striking “highly migratory” and inserting in lieu thereof “tuna”.

   Effective date note
   Pub. L. 101–627, title I, § 105(b)(2), Nov. 28, 1990, 104 Stat. 4440, provided that: “The amendments made by this subsection [amending this section] shall take effect on January 1, 1992.”

4 of 4 references resolved to an enrolled provision