Title 16 — Conservation
Chapter 93 — Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing
§ 7403. Duties and authorities of the Secretary
Statutory text
Regulations
The Secretary may, as needed, promulgate such regulations—
in accordance with section 553 of title 5;
consistent with provisions of this chapter; 1 and
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.
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.
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.
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.
Footnotes
- 1 See References in Text note below.
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.
Port State Measures Agreement Act of 2015
Pub. L. 114–81 title III § 304 · 129 Stat. 649
Enacted · 16 U.S.C. § 7403
(Pub. L. 114–81, title III, § 304, Nov. 5, 2015, 129 Stat. 665.)
Source evidence
Code source credit
(Pub. L. 114–81, title III, § 304, Nov. 5, 2015, 129 Stat. 665.)Enacted provision · exact public law section
SEC. 304. DUTIES AND AUTHORITIES OF THE SECRETARY. (a) Regulations.— The Secretary may, as needed, promulgate such regulations— (1) in accordance with section 553 of title 5, United States Code; (2) consistent with provisions of the title; 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 title, 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, United States Code, 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 305, the withdrawal of the denial of port services for a foreign vessel, the taking of enforcement action pursuant to section 306 with respect to a foreign vessel, or the results of any inspection of a foreign vessel conducted pursuant to this title 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.
1 of 1 references resolved to an enrolled provision
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.