16 U.S.C. § 1825 — Import prohibitions

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;

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;

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

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—

of all fish and fish products from the fishery involved, if any; and

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.

The term “fish” includes any highly migratory species^*.

The term “fish products” means any article which is produced from or composed of (in whole or in part) any fish.