---
kind: "range"
citation: "16 U.S.C. §§ 1826a–1826c"
title: "16"
from: "1826a"
to: "1826c"
count: 3
release: "119-102"
url: "https://uscodex.org/usc/16/1826a..1826c"
---

# §1826a. Denial of port privileges and sanctions for high seas large-scale driftnet fishing

- (a) **Denial of port privileges—**
  - (1) **Publication of list—** Not later than 30 days after November 2, 1992, and periodically thereafter, the [Secretary](/usc/16/1802.md?p=39) of Commerce, in consultation with the Secretary of State, shall publish a list of nations whose nationals or vessels conduct [large-scale driftnet fishing](/usc/16/1802.md?p=25) beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation.
  - (2) **Denial of port privileges—** The [Secretary](/usc/16/1802.md?p=39) of Homeland Security shall, in accordance with international law—
    - (A) withhold or revoke the clearance required by [section 60105 of title 46](/usc/46/60105.md) for any [large-scale driftnet fishing vessel](/usc/16/1826c.md?p=3) of a nation that receives a negative certification under section [1826j(d)](/usc/16/1826j.md?p=d) or [1826k(c)](/usc/16/1826k.md?p=c) of this title, or [fishing vessels](/usc/16/1802.md?p=18) of a nation that has been listed pursuant to [section 1826j(b) of this title](/usc/16/1826j.md?p=b) or [section 1826k(a) of this title](/usc/16/1826k.md?p=a) in 2 or more consecutive reports for the same type of [fisheries](/usc/16/1802.md?p=13) activity, as described under [section 1826h of this title](/usc/16/1826h.md), until a positive certification has been received;
    - (B) withhold or revoke the clearance required by [section 60105 of title 46](/usc/46/60105.md) for [fishing vessels](/usc/16/1802.md?p=18) of a nation that has been listed pursuant to section [1826j(a)](/usc/16/1826j.md?p=a) or [1826k(a)](/usc/16/1826k.md?p=a) of this title in 2 or more consecutive reports as described under [section 1826h of this title](/usc/16/1826h.md); and
    - (C) deny entry of that vessel to any place in the [United States](/usc/16/1802.md?p=45) and to the navigable waters of the [United States](/usc/16/1802.md?p=45), except for the purposes of inspecting such vessel, conducting an investigation, or taking other appropriate enforcement action.
  - (3) **Notification of nation—** Before the publication of a list of nations under [paragraph (1)](#a-1), the Secretary of State shall notify each nation included on that list regarding—
    - (A) the effect of that publication on port privileges of vessels of that nation under [paragraph (1)](#a-1); and
    - (B) any sanctions or requirements, under this Act or any other law, that may be imposed on that nation if nationals or vessels of that nation continue to conduct [large-scale driftnet fishing](/usc/16/1802.md?p=25) beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation after December 31, 1992.
- (b) **Sanctions—**
  - (1) **Identifications—**
    - (A) **Initial identifications—** Not later than January 10, 1993, the [Secretary](/usc/16/1802.md?p=39) of Commerce shall—
      - (i) identify each nation whose nationals or vessels are conducting [large-scale driftnet fishing](/usc/16/1802.md?p=25) beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation; and
      - (ii) notify the President and that nation of the identification under [clause (i)](#b-1-A-i).
    - (B) **Additional identifications—** At any time after January 10, 1993, whenever the [Secretary](/usc/16/1802.md?p=39) of Commerce has reason to believe that the nationals or vessels of any nation are conducting [large-scale driftnet fishing](/usc/16/1802.md?p=25) beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation, the [Secretary](/usc/16/1802.md?p=39) of Commerce shall—
      - (i) identify that nation; and
      - (ii) notify the President and that nation of the identification under [clause (i)](#b-1-B-i).
  - (2) **Consultations—** Not later than 30 days after a nation is identified under [paragraph (1)(B)](#b-1-B), the President shall enter into consultations with the government of that nation for the purpose of obtaining an agreement that will effect the immediate termination of [large-scale driftnet fishing](/usc/16/1802.md?p=25) by the nationals or vessels of that nation beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation.
  - (3) **Prohibition on imports of fish and fish products and sport fishing equipment—**
    - (A) **Prohibition—** The President—
      - (i) upon receipt of notification of the identification of a nation under [paragraph (1)(A)](#b-1-A) or a negative certification under [section 1826j(d) of this title](/usc/16/1826j.md?p=d) or [section 1826k(c) of this title](/usc/16/1826k.md?p=c); or
      - (ii) if the consultations with the government of a nation under [paragraph (2)](#b-2) are not satisfactorily concluded within ninety days, shall direct the [Secretary](/usc/16/1802.md?p=39) of the Treasury to prohibit the importation into the [United States](/usc/16/1802.md?p=45) of [fish and fish products](/usc/16/1826c.md?p=1) and sport [fishing](/usc/16/1802.md?p=16) equipment (as that term is defined in [section 4162 of title 26](/usc/26/4162.md)) from that nation.
    - (B) **Implementation of prohibition—** With respect to an [import](/usc/16/1802.md?p=22) prohibition directed under [subparagraph (A)](#b-3-A), the [Secretary](/usc/16/1802.md?p=39) of the Treasury shall implement such prohibition not later than the date that is forty-five days after the date on which the [Secretary](/usc/16/1802.md?p=39) has received the direction from the President.
    - (C) **Public notice of prohibition—** Before the effective date of any [import](/usc/16/1802.md?p=22) prohibition under this paragraph, the [Secretary](/usc/16/1802.md?p=39) of the Treasury shall provide public notice of the impending prohibition.
  - (4) **Additional economic sanctions—**
    - (A) **Determination of effectiveness of sanctions—** Not later than six months after the date the [Secretary](/usc/16/1802.md?p=39) of Commerce identifies a nation under [paragraph (1)](#b-1) or issues a negative certification under [section 1826j(d) of this title](/usc/16/1826j.md?p=d) or [section 1826k(c) of this title](/usc/16/1826k.md?p=c), the [Secretary](/usc/16/1802.md?p=39) shall determine whether—
      - (i) any prohibition established under [paragraph (3)](#b-3) is insufficient to cause that nation to terminate [large-scale driftnet fishing](/usc/16/1802.md?p=25) conducted by its nationals and vessels beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation, or to address the offending activities for which a nation received a negative certification under section [1826j(d)](/usc/16/1826j.md?p=d) or [1826k(c)](/usc/16/1826k.md?p=c) of this title; or
      - (ii) that nation has retaliated against the [United States](/usc/16/1802.md?p=45) as a result of that prohibition.
    - (B) **Certification—** The [Secretary](/usc/16/1802.md?p=39) of Commerce shall certify to the President each affirmative determination under [subparagraph (A)](#b-4-A) with respect to a nation.
    - (C) **Effect of certification—** Certification by the [Secretary](/usc/16/1802.md?p=39) of Commerce under [subparagraph (B)](#b-4-B) is deemed to be a certification under [section 1978(a) of title 22](/usc/22/1978.md?p=a).

# §1826b. Duration of denial of port privileges and sanctions


Any denial of port privileges or sanction under [section 1826a of this title](/usc/16/1826a.md) with respect to a nation shall remain in effect until such time as the [Secretary](/usc/16/1802.md?p=39) of Commerce certifies to the President and the Congress that such nation has terminated [large-scale driftnet fishing](/usc/16/1802.md?p=25) by its nationals and vessels beyond the [exclusive economic zone](/usc/16/1802.md?p=11) of any nation or effectively addressed the offending activities for which the nation received a negative certification under 1826j(d)[^1] or [1826k(c)](/usc/16/1826k.md?p=c) of this title.


# §1826c. Definitions


In [sections 1826a to 1826c](/usc/16/1826a..1826c.md) of this title, the following definitions apply:

- (1) **Fish and fish products—** The term “fish and fish products” means any aquatic species (including marine mammals and plants) and all products thereof exported from a nation, whether or not taken by [fishing vessels](/usc/16/1802.md?p=18) of that nation or packed, processed, or otherwise prepared for export in that nation or within the jurisdiction thereof.
- (2) **Large-scale driftnet fishing—**
  - (A) **In general—** Except as provided in [subparagraph (B)](#2-B), the term “[large-scale driftnet fishing](/usc/16/1802.md?p=25)” means a method of [fishing](/usc/16/1802.md?p=16) in which a gillnet composed of a panel or panels of webbing, or a series of such gillnets, with a total length of two and one-half kilometers or more is placed in the water and allowed to drift with the currents and winds for the purpose of entangling [fish](/usc/16/1802.md?p=12) in the webbing.
  - (B) **Exception—** Until January 1, 1994, the term “[large-scale driftnet fishing](/usc/16/1802.md?p=25)” does not include the use in the northeast Atlantic Ocean of gillnets with a total length not to exceed five kilometers if the use is in accordance with regulations adopted by the European Community pursuant to the October 28, 1991, decision by the [Council](/usc/16/460mmm–1.md?p=2) of [Fisheries](/usc/16/1802.md?p=13) Ministers of the Community.
- (3) **Large-scale driftnet fishing vessel—** The term “large-scale driftnet fishing vessel” means any vessel which is—
  - (A) used for, equipped to be used for, or of a type which is normally used for [large-scale driftnet fishing](/usc/16/1802.md?p=25); or
  - (B) used for aiding or assisting one or more vessels at sea in the performance of [large-scale driftnet fishing](/usc/16/1802.md?p=25), including preparation, supply, storage, refrigeration, transportation, or processing.