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46 U.S.C. § 55114Unloading fish from foreign vessels

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 358 words · no verdicts yet

in plain englishAI-generated · not legal advice

Foreign vessels generally cannot unload high-seas-caught fish at U.S. ports, with an exception for the Northern Mariana Islands. A narrow Virgin Islands exception lets small foreign boats unload fresh fish for immediate local consumption only. Misusing that exception risks seizure and a civil penalty of up to $1,000 per violation.

(a) Prohibitions. Unless this section or a treaty says otherwise, a foreign vessel can't unload, at a U.S. port: (1) fish it caught on the high seas, or fish products made from that catch; or (2) fish or fish products it picked up on the high seas from another vessel that was fishing or processing fish. (b) Regulations on Obtaining Information. The Secretary of Commerce can write regulations to gather information about U.S. vessels transporting fish products for foreign fish-processing vessels to points in the United States. (c) Virgin Islands. (1) In general. A foreign vessel no longer than 50 feet can unload its catch of fresh fish (whole, or with heads, guts, or fins removed — but not frozen or otherwise processed) at a Virgin Islands port, for immediate local consumption. Fish unloaded this way can only be sold or transferred for immediate consumption; if there's no good evidence that a sale to a freezer or cannery's agent, representative, or employee is really for immediate consumption, it's assumed not to be. This doesn't stop the final consumer from freezing, smoking, or otherwise processing the fresh fish themselves. (2) Seizure, forfeiture, and penalty. Fish unloaded in the Virgin Islands that get kept, sold, or transferred outside what paragraph (1) allows can be seized and forfeited to the government. Anyone who keeps, sells, transfers, buys, or receives such fish owes the government a civil penalty of up to $1,000 per violation. That penalty or forfeiture can be reduced, changed, or dropped under section 2107(b). (d) Northern Mariana Islands. The ban in subsection (a) doesn't apply to the Northern Mariana Islands.
the actual law source: uscode.house.gov ↗public domain
(a)Prohibitions.—

Except as otherwise provided by this section or a treaty or convention to which the United States is a party, a foreign vessel may not unload, in a port of the United States—

(1)

its catch of fish taken on board on the high seas or fish products processed from that catch of fish; or

(2)

fish or fish products taken on board that vessel on the high seas from a vessel engaged in fishing operations or the processing of fish or fish products.

(b)Regulations on Obtaining Information.—

The Secretary of Commerce may prescribe regulations the Secretary considers necessary to obtain information on the transportation of fish products by vessels of the United States for foreign fish processing vessels to points in the United States.

(c)Virgin Islands.—
(1)In general.—

A foreign vessel of not more than 50 feet overall in length may unload its catch of fresh fish (whole or with the heads, viscera, or fins removed, but not frozen, otherwise processed, or further advanced) in a port of the Virgin Islands for immediate consumption in those islands. Fish unloaded under this paragraph may be sold or transferred only for immediate consumption. In the absence of satisfactory evidence that a sale or transfer to an agent, representative, or employee of a freezer or cannery is for immediate consumption, the sale or transfer is deemed not to be for immediate consumption. This paragraph does not prohibit the freezing, smoking, or other processing of fresh fish by the ultimate consumer of the fish.

(2)Seizure, forfeiture, and penalty.—

Fish unloaded in the Virgin Islands that are retained, sold, or transferred, except as allowed by paragraph (1), are liable to seizure by and forfeiture to the United States Government. A person retaining, selling, transferring, buying, or receiving the fish is liable to the Government for a civil penalty of not more than $1,000 for each violation. A penalty or forfeiture under this paragraph may be compromised, modified, or remitted under section 2107(b) of this title.

(d)Northern Mariana Islands.—

Subsection (a) does not apply to the Northern Mariana Islands.

Source credit: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1639.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1639

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.

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