§6905. Enforcement — Inbound Citations
16 U.S.C. § 6905
Cited by 7 provisions in release 119-102.
Citations to §6905(a)
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(10) to engage in fishing in violation of any regulation adopted pursuant to section 6905(a) of this title;
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(14) to import, in violation of any regulation adopted pursuant to section 6905(a) of this title, any fish in any form of those species subject to regulation pursuant to a recommendation, resolution, or decision of the Commission, or any tuna in any form not under regulation but under investigation by the Commission, during the period such fish have been denied entry in accordance with the provisions of section 6905(a) of this title.
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(b) In the case of any fish described in subsection (a) offered for entry into the United States, the Secretary of Commerce shall require proof satisfactory to the Secretary that such fish is not ineligible for such entry under the terms of section 6905(a) of this title.
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(1) Regulations promulgated under section 6905(a) of this title shall apply within the boundaries of any State bordering on the Convention area if the Secretary has provided notice to such State, the State does not request an agency hearing, and the Secretary determines that the State—(A) has not, within a reasonable period of time after the promulgation of regulations pursuant to this chapter, enacted laws or promulgated regulations that implement the recommendations of the Commission within the boundaries of such State; or(B) has enacted laws or promulgated regulations that implement the recommendations of the commission within the boundaries of such State that—(i) are less restrictive that2 the regulations promulgated under section 6905(a) of this title; or(ii) are not effectively enforced.
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(i) are less restrictive that2 the regulations promulgated under section 6905(a) of this title; or
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(2) The regulations promulgated pursuant to section 6905(a) of this title shall apply until the Secretary determines that the State is effectively enforcing within its boundaries measures that are not less restrictive than the regulations promulgated under section 6905(a) of this title.
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(3) If a State requests a formal agency hearing, the Secretary shall not apply the regulations promulgated pursuant3 section 6905(a) of this title within that State’s boundaries unless the hearing record supports a determination under paragraph (1)(A) or (B).