Sec. 305. Authorization or denial of port entry
380 words·~2 min read·
/bill/113/hr/69/rh/section-305A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
All foreign vessels seeking entry to a port subject to the jurisdiction of the United States must submit to the Secretary of the department in which the Coast Guard is operating information as required under the Agreement in advance of its arrival in port. The Secretary shall decide, based on the information submitted under subsection (a), whether to authorize or deny port entry and shall communicate this decision to the foreign vessel or to its representative. The Secretary may deny entry to— any foreign-listed IUU vessel; or any foreign vessel the Secretary has reasonable grounds to believe has engaged in IUU fishing or fishing-related activities in support of such fishing or has violated the Act.
If a foreign vessel is in a port subject to the jurisdiction of the United States, the Secretary shall deny such vessel the use of the port for landing, transshipment, packaging and processing of fish, refueling, resupplying, maintenance and drydocking, if— the vessel entered without authorization under subsection (b); the vessel is a listed IUU vessel; the flag nation of the vessel has failed to provide confirmation requested by the Secretary that the fish on board were taken in accordance with applicable RFMO conservation and management measures; or the Secretary has reasonable grounds to believe— the vessel lacks valid authorizations to engage in fishing or fishing-related activities as required by its flag nation or the relevant coastal nation; the fish on board were taken in violation of foreign law or in contravention of any RFMO conservation and management measure; or the vessel has engaged in IUU fishing or fishing-related activities in support of such fishing, including in support of a listed IUU vessel, unless it can establish that— it was acting in a manner consistent with applicable RFMO conservation and management measures; or in the case of the provision of personnel, fuel, gear, and other supplies at sea, the vessel provisioned was not, at the time of provisioning, a listed IUU vessel.
Notwithstanding subsections
(b)and (c), the Secretary may allow port entry or the use of port services— if they are essential to the safety or health of the crew or safety of the vessel; to allow, where appropriate, for the scrapping of the vessel; or pursuant to an inspection or other enforcement action.