§ 1825. Import prohibitions
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/usc/title-16/section-1825A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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, including fisheries for tuna species, as recognized by the United States, in accordance with fishing activities of such vessels, if any, and under terms not more restrictive than those established under sections 1821(c) and
(d)and 1824(b)(7) and
(10)of this title, 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 tuna 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.
(Pub. L. 94–265, title II, § 205, Apr. 13, 1976, 90 Stat. 345; Pub. L. 101–627, title I, § 105(b)(1), Nov. 28, 1990, 104 Stat. 4440.)
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Cited by 9 sections · top 7
U.S. Code
statute-compilations
statutes-at-large
- Public Law 101–627To authorize appropriations to carry out the Magnuson Fishery Conservation and Management Act through fiscal year 1993, and for other purposes
- Public Law 94–265To provide for the conservation and management of the fisheries, and for other purposes
- Public Law 100–330To implement the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America
- Public Law 98–445To implement the Eastern Pacific Ocean Tuna Fishing Agreement, signed in San Jose, Costa Rica, March 15, 1983
7 references not yet in our index
- Pub. L. 94–265, title II, § 205
- 90 Stat. 345
- Pub. L. 101–627, title I, § 105(b)(1)
- 104 Stat. 4440
- Pub. L. 101–627, § 105(b)(1)(A)
- Pub. L. 101–627, § 105(b)(1)(B)
- Pub. L. 101–627, title I, § 105(b)(2)
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cites case law
§ 1825
Import prohibitions
Stat.×5
Stat. Comp.×2
U.S.C.×2
Pub. L.Pub. L. 94–265, title II, § 205
Stat.90 Stat. 345
Pub. L.Pub. L. 101–627, title I, § 105(b)(1)
Stat.104 Stat. 4440
Pub. L.Pub. L. 101–627, § 105(b)(1)(A)
Cites 7 · showing 5Cited by 9 across 3 sources