(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.
Upon receipt of any certification from the Secretary of State under subsection (a) of this section, 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.
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.
1990—Subsec. (a)(1). Pub. L. 101–627, § 105(b)(1)(A), inserted “including fisheries for tuna species,” after “authority,” and struck out “traditional” after “in accordance with”.
Subsec. (a)(2). Pub. L. 101–627, § 105(b)(1)(B), substituted “tuna” for “highly migratory”.
Effective Date of 1990 Amendment
Pub. L. 101–627, title I, § 105(b)(2),Nov. 28, 1990, 104 Stat. 4440, provided that: “The amendments made by this subsection [amending this section] shall take effect on January 1, 1992.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.