Sec. 304. Duties and authorities of the secretary
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The Secretary may, as needed, promulgate such regulations, in accordance with section 553 of title 5, United States Code, and consistent with the provisions of this title, as may be necessary to carry out the purposes of this title to the extent that such regulations are not already promulgated. In promulgating regulations, procedures, and guidance pursuant to subsection (a), the Secretary shall consult with the Secretary of State and the Secretary of the department in which the Coast Guard is operating.
To the maximum extent possible and subject to the data confidentiality provisions in section 402 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1881a ), such procedures shall utilize existing reporting mechanisms maintained and operated by the department in which the Coast Guard is operating. The Secretary, in consultation with the Secretary of Homeland Security and, when the Coast Guard is not operating in the Department of Homeland Security, 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. 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 vessel, the taking of enforcement action pursuant to section 306 with respect to a vessel, or the results of any inspection of a 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.
The Secretary may request confirmation from the flag state of a vessel that the fish on board a vessel in a port subject to the jurisdiction of the United States were taken in accordance with applicable RFMO conservation and management measures.
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Sec. 304
Duties and authorities of the secretary
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