50 CFR 300.205 - Denial of port privileges and import restrictions on fish or fish products.

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There are 10 Updates appearing in the Federal Register for 50 CFR 300. View below or at eCFR (GPOAccess)
§ 300.205 Denial of port privileges and import restrictions on fish or fish products.
(a) Scope of Applicability (1) If a nation identified in the biennial report under § 300.202(a) or § 300.203(a) is not positively certified by the Secretary of Commerce, and fishing vessels of the nation are allowed entry to any place in the United States and to the navigable waters of the United States under this subpart, those vessels will be subject to inspection and may be prohibited from landing, processing, or transshipping fish and fish products. Services, including the refueling and re-supplying of such fishing vessels, may be prohibited, with the exception of services essential to the safety, health, and welfare of the crew. Fishing vessels will not be denied port access or services in cases of force majeure or distress.
(2) For nations identified in the biennial report under § 300.202(a) that are not positively certified, the Secretary of Commerce shall recommend import prohibitions with respect to fish or fish products from those nations. Such recommendations on import prohibitions would not apply to fish or fish products not managed under an applicable international fishery agreement, or if there is no applicable international fishery agreement, to the extent that such provisions would apply to fish or fish products caught by vessels not engaged in illegal, unreported, or unregulated fishing. For nations identified under § 300.203(a) that are not positively certified, the Secretary of Commerce shall also recommend import prohibitions; such prohibitions shall not apply to fish or fish products not caught by the vessels engaged in the relevant activity for which the nation was identified.
(3) Any action recommended under this paragraph (a)(3) shall be consistent with international obligations, including the WTO Agreement.
(b) Imposition of import restrictions—
(1) Notification. Where the Secretary of Commerce cannot make positive certifications for identified nations, and the President determines that certain fish and fish products from such nations are ineligible for entry into the United States and U.S. territories, the Secretary of Commerce, with the concurrence of the Secretary of State and in cooperation with the Secretary of Treasury, will file a notice with the Office of the Federal Register.
(2) Documentation of admissibility. If certain fish or fish products are subject to import prohibitions, NMFS may publish in the Federal Register the requirement that other fish or fish products from the relevant nation that are not subject to the prohibitions be accompanied by documentation of admissibility. The documentation of admissibility must be executed by a duly authorized official of the identified nation and validated by a responsible official(s) designated by NMFS. The documentation must be executed and submitted in a format (electronic facsimile (fax), the Internet, etc.) specified by NMFS.
(3) Effective date of import restrictions. Effective upon the date of publication of such finding, shipments of fish or fish products found to be ineligible will be denied entry to the United States. Entry will not be denied for any such shipment that, on the date of publication, was in transit to the United States.
(4) Removal of negative certifications and import restrictions. Upon a determination by the Secretary of Commerce that an identified nation that was not certified positively has satisfactorily met the conditions in this subpart and that nation has been positively certified, the provisions of § 300.205 shall no longer apply. The Secretary of Commerce, with the concurrence of the Secretary of State and in cooperation with the Secretary of Treasury, will notify such nations and will file with the Office of the Federal Register for publication notification of the removal of the import restrictions effective on the date of publication.
Effective Date Note:
At 76 FR 2024, Jan. 12, 2011, § 302.205 was added. This section contains information collection and recordkeeping requirements in paragraph (b)(2) which will not become effective until approval has been given by the Office of Management and Budget.

Title 50 published on 2013-10-01

The following are only the Rules published in the Federal Register after the published date of Title 50.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-06-25; vol. 79 # 122 - Wednesday, June 25, 2014
    1. 79 FR 35957 - Identification and Certification of Nations; Notification of Effective Date of Information Collection Requirements
      GPO FDSys XML | Text
      DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration
      Final rule; notification of effective date.
      The amendments to 15 CFR 902.1 in this final rule are effective June 25, 2014. The revised information collection requirements contained in 50 CFR 300.206(b)(2), 300.207, and 300.208 were approved by OMB on January 16, 2013 (78 FR 3345, 3346), and are effective June 25, 2014.
      15 CFR Part 902

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code
U.S. Code: Title 16 - CONSERVATION

§ 773 - Definitions

§ 773a - International Pacific Halibut Commission

§ 773b - Acceptance or rejection of Commission recommendations

§ 773c - General responsibility

§ 773d - Cooperation of Federal agencies

§ 773e - Prohibited acts

§ 773f - Civil penalties

§ 773g - Crimes and criminal penalties

§ 773h - Forfeitures

§ 773i - Administration and enforcement

§ 773j - Authorization of appropriations

§ 773k - Location of office space and other facilities on or near University of Washington campus in State of Washington

§ 951 - Definitions

§ 952 - Commissioners; number, appointment, and qualification

§ 953 - General Advisory Committee and Scientific Advisory Subcommittee

§ 954 - Repealed.

§ 955 - Secretary of State to act for United States

§ 956 - Inspection of returns, records, or other reports

§ 957 - Violations; fines and forfeitures; application of related laws

§ 958 - Cooperation with other agencies

§ 959 - Enforcement of chapter

§ 960 - Commissions’ functions not restrained by this chapter or State laws

§ 961 - Authorization of appropriations

§ 962 - Reduction of bycatch in eastern tropical Pacific Ocean

§ 971 - Definitions

§ 971a - Commissioners

§ 971b - Advisory committee

16 U.S. Code § 921 to 923 - Omitted

§ 971c - Authority of Secretary of State; cooperative enforcement agreements

§ 971d - Administration

§ 971e - Violations

§ 971f - Enforcement

§ 971g - Cooperation in carrying out Convention

§ 971h - Authorization of appropriations

§ 971i - Research on Atlantic highly migratory species

§ 971j - Annual report

§ 971k - Savings clause

§ 973 - Definitions

§ 973a - Application to other laws

§ 973b - Regulations

§ 973c - Prohibited acts

§ 973d - Exceptions

§ 973e - Criminal offenses

§ 973f - Civil penalties

§ 973g - Licenses

§ 973h - Enforcement

§ 973i - Findings by Secretary

§ 973j - Reporting requirements; disclosure of information

§ 973k - Closed Area stowage requirements

16 U.S. Code § -

§ 973m - Technical assistance

§ 973n - Arbitration

16 U.S. Code § -

§ 973p - Additional agreements

§ 973q - Secretary of State to act for United States

§ 973r - Authorization of appropriations

§ 1801 - Findings, purposes and policy

§ 1802 - Definitions

§ 1803 - Authorization of appropriations

§ 1821 note - Foreign fishing

§ 1826d - Prohibition

§ 1826e - Negotiations

§ 1826f - Certification

§ 1826g - Enforcement

§ 1826h - Biennial report on international compliance

§ 1826i - Action to strengthen international fishery management organizations

§ 1826j - Illegal, unreported, or unregulated fishing

§ 1826k - Equivalent conservation measures

§ 1827 - Observer program regarding certain foreign fishing

§ 1827a - Prohibition on sale of billfish

§ 1828 - Foreign fishing incursions

§ 1829 - International monitoring and compliance

§ 2431 - Findings and purpose

§ 2432 - Definitions

§ 2433 - Representatives

§ 2434 - Conservation measures; system of observation and inspection

§ 2435 - Unlawful activities

§ 2436 - Regulations

§ 2437 - Civil penalties

§ 2438 - Criminal offenses

§ 2439 - Enforcement

§ 2440 - Jurisdiction of courts

§ 2441 - Federal agency cooperation

§ 2442 - Relationship to existing treaties and statutes

§ 2443 - Authorization of appropriations

§ 2444 - Severability

§ 3371 - Definitions

§ 3372 - Prohibited acts

§ 3373 - Penalties and sanctions

§ 3374 - Forfeiture

§ 3375 - Enforcement

§ 3376 - Administration

§ 3377 - Exceptions

§ 3378 - Miscellaneous provisions

§ 3636 - Rulemaking

§ 5501 - Purpose

§ 5502 - Definitions

§ 5503 - Permitting

§ 5504 - Responsibilities of Secretary

§ 5505 - Unlawful activities

§ 5506 - Enforcement provisions

§ 5507 - Civil penalties and permit sanctions

§ 5508 - Criminal offenses

§ 5509 - Forfeitures

U.S. Code: Title 31 - MONEY AND FINANCE

Title 50 published on 2013-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 50 CFR 300 after this date.

  • 2014-07-25; vol. 79 # 143 - Friday, July 25, 2014
    1. 79 FR 43373 - International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Effort Limits in Purse Seine Fisheries for 2014
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      DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration
      Proposed rule; request for comments.
      Comments must be submitted in writing by August 25, 2014.
      50 CFR Part 300