---
kind: "section"
citation: "16 U.S.C. § 7404"
title: "16"
title_heading: "Conservation"
number: "7404"
heading: "Authorization or denial of port entry"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/7404"
units:
  - "Chapter 93 — Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing"
---

# §7404. Authorization or denial of port entry

- (a) **Submission of information required under Agreement—**
  - (1) **In general—** A [vessel](/usc/16/7402.md?p=8) described in [paragraph (2)](#a-2) seeking entry to a port that is subject to the jurisdiction of the United States must submit to the [Secretary](/usc/16/7402.md?p=7) of the department in which the Coast Guard is operating information as required under the [Agreement](/usc/16/7402.md?p=1) in advance of its arrival in port. The [Secretary](/usc/16/7402.md?p=7) of the department in which the Coast Guard is operating shall provide that information to the [Secretary](/usc/16/7402.md?p=7).
  - (2) **Covered vessels—** A [vessel](/usc/16/7402.md?p=8) referred to in [paragraph (1)](#a-1) is any [vessel](/usc/16/7402.md?p=8) that—
    - (A) is not documented under [chapter 121](/usc/46/chstII/ptH/ch121.md) of title 46; and
    - (B) is not numbered under chapter 123 of that title.
- (b) **Decision to authorize or deny port entry—**
  - (1) **Decision—** The [Secretary](/usc/16/7402.md?p=7) shall decide, based on the information submitted under [subsection (a)](#a), whether to authorize or deny port entry by the [vessel](/usc/16/7402.md?p=8), and shall communicate such decision to—
    - (A) the [Secretary](/usc/16/7402.md?p=7) of the department in which the Coast Guard is operating; and
    - (B) the [vessel](/usc/16/7402.md?p=8) or its representative.
  - (2) **Authorization or denial of entry—** The [Secretary](/usc/16/7402.md?p=7) of the department in which the Coast Guard is operating shall authorize or deny entry to [vessels](/usc/16/7402.md?p=8) to which such a decision applies.
  - (3) **Vessels to which entry may be denied—** The [Secretary](/usc/16/7402.md?p=7) of the department in which the Coast Guard is operating may deny entry to any [vessel](/usc/16/7402.md?p=8) to which such a decision applies—
    - (A) that is described in [subsection (a)(2)](#a-2); and
    - (B) that—
      - (i) is a [listed IUU vessel](/usc/16/7402.md?p=3); or
      - (ii) the [Secretary](/usc/16/7402.md?p=7) of Commerce has reasonable grounds to believe—
        - (I) has engaged in [IUU fishing](/usc/16/7402.md?p=2) or [fishing](/usc/16/7402.md?p=10)-related activities in support of such [fishing](/usc/16/7402.md?p=10); or
        - (II) has violated this chapter.
- (c) **Denial of use of port—** If a [vessel](/usc/16/7402.md?p=8) described in [subsection (a)(2)](#a-2) is in a port that is subject to the jurisdiction of the United States, the [Secretary](/usc/16/7402.md?p=7) of the department in which the Coast Guard is operating, at the request of the [Secretary](/usc/16/7402.md?p=7), shall deny such [vessel](/usc/16/7402.md?p=8) the use of the port for landing, transshipment, packaging and processing of [fish](/usc/16/7402.md?p=9), refueling, resupplying, maintenance, and drydocking, if—
  - (1) the [vessel](/usc/16/7402.md?p=8) entered without authorization under [subsection (b)](#b);
  - (2) the [vessel](/usc/16/7402.md?p=8) is a [listed IUU vessel](/usc/16/7402.md?p=3);
  - (3) the [vessel](/usc/16/7402.md?p=8) is not documented under the laws of another nation;
  - (4) the flag nation of the [vessel](/usc/16/7402.md?p=8) has failed to provide confirmation requested by the [Secretary](/usc/16/7402.md?p=7) that the [fish](/usc/16/7402.md?p=9) on board were taken in accordance with applicable [RFMO](/usc/16/7402.md?p=6) conservation and management measures; or
  - (5) the [Secretary](/usc/16/7402.md?p=7) has reasonable grounds to believe—
    - (A) the [vessel](/usc/16/7402.md?p=8) lacks valid authorizations to engage in [fishing](/usc/16/7402.md?p=10) or [fishing](/usc/16/7402.md?p=10)-related activities as required by its flag nation or the relevant coastal nation;
    - (B) the [fish](/usc/16/7402.md?p=9) on board were taken in [violation](/usc/16/620e.md?p=11) of foreign law or in contravention of any [RFMO](/usc/16/7402.md?p=6) conservation and management measure; or
    - (C) the [vessel](/usc/16/7402.md?p=8) has engaged in [IUU fishing](/usc/16/7402.md?p=2) or [fishing](/usc/16/7402.md?p=10)-related activities in support of such [fishing](/usc/16/7402.md?p=10), including in support of a [listed IUU vessel](/usc/16/7402.md?p=3), unless it can establish that—
      - (i) it was acting in a manner consistent with applicable [RFMO](/usc/16/7402.md?p=6) conservation and management measures; or
      - (ii) in the case of the provision of personnel, fuel, gear, and other supplies at sea, the [vessel](/usc/16/7402.md?p=8) provisioned was not, at the time of provisioning, a [listed IUU vessel](/usc/16/7402.md?p=3).
- (d) **Exceptions—** Notwithstanding subsections [(b)](#b) and [(c)](#c), the [Secretary](/usc/16/7402.md?p=7) of the department in which the Coast Guard is operating may allow port entry or the use of port services—
  - (1) if they are essential to the safety or health of the crew or safety of the [vessel](/usc/16/7402.md?p=8);
  - (2) to allow, where appropriate, for the scrapping of the [vessel](/usc/16/7402.md?p=8); or
  - (3) pursuant to an inspection or other enforcement action.

## Source credit

(Pub. L. 114–81, title III, § 305, Nov. 5, 2015, 129 Stat. 666.)