§ 1972. Action by Secretary of State upon seizure of vessel by foreign country; preconditions

1,134 words·~5 min read·/usc/title-22/section-1972

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

If—

(1)any vessel of the United States is seized by a foreign country on the basis of claims to jurisdiction that are not recognized by the United States, or on the basis of claims to jurisdiction recognized by the United States but exercised in a manner inconsistent with international law as recognized by the United States; 1

(2)any general claim of any foreign country to exclusive fishery management authority is recognized by the United States, and any vessel of the United States is seized by such foreign country on the basis of conditions and restrictions under such claim, if such conditions and restrictions—

(A)are unrelated to fishery conservation and management,

(B)fail to consider and take into account traditional fishing practices of vessels of the United States,

(C)are greater or more onerous than the conditions and restrictions which the United States applies to foreign fishing vessels subject to the exclusive fishery management authority of the United States (as established in title I of the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1811 et seq.]), or

(D)fail to allow fishing vessels of the United States equitable access to fish subject to such country’s exclusive fishery management authority;

the Secretary of State, unless there is clear and convincing credible evidence that the seizure did not meet the requirements under paragraph

(1)or (2), as the case may be, shall immediately take such steps as are necessary—

(i)for the protection of such vessel and for the health and welfare of its crew;

(ii)to secure the release of such vessel and its crew; and

(iii)to determine the amount of any fine, license, fee, registration fee, or other direct charge reimbursable under section 1973(a) of this title.

(Aug. 27, 1954, ch. 1018, § 2, 68 Stat. 883; Pub. L. 92–569, § 1, Oct. 26, 1972, 86 Stat. 1182; Pub. L. 94–265, title IV, § 403(a)(1), Apr. 13, 1976, 90 Stat. 360; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 98–364, title III, § 303(a), July 17, 1984, 98 Stat. 444; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.)

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