§1821. Foreign fishing — Inbound Citations

Implementing Regulations (Code of Federal Regulations)

Statutory authority for 7 regulations in the Code of Federal Regulations.

• 50 C.F.R. § 300.170 — Purpose and scope.

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• 50 C.F.R. § 300.171 — Definitions.

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• 50 C.F.R. § 300.172 — Vessel list.

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• 50 C.F.R. § 300.173 — Vessel identification.

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• 50 C.F.R. § 300.174 — Logbook reports.

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• 50 C.F.R. § 300.175 — Hail-in and hail-out reports.

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• 50 C.F.R. § 300.176 — Prohibitions.

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Code of Federal Regulations Citations

Cited by 1 regulation in the Code of Federal Regulations.

• 50 C.F.R. § 600.530(a) — Pacific albacore fishery.

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  (a) This section regulates fishing by Canadian vessels under the 1981 Treaty Between the Government of the United States of America and the Government of Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges as amended in 2002. Notwithstanding any other provision of this subpart F, fishing vessels of Canada may be authorized to fish in waters under the fisheries jurisdiction of the United States more than 12 nautical miles from the baseline from which the territorial sea is measured in accordance with the Treaty and this section, pursuant to Public Law 108-219 (118 Stat. 616; 16 U.S.C. 1821 note).

Citations to 16 U.S.C. § 1821 as a whole

• 16 U.S.C. § 6905(b)

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  (b) The Secretary shall ensure the consistency, to the extent practicable, of fishery management programs administered under this Act, the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), the Tuna Conventions Act (16 U.S.C. 951 et seq.), the South Pacific Tuna Act (16 U.S.C. 973 et seq.), section 401 of Public Law 108–219 (16 U.S.C. 1821 note) (relating to Pacific albacore tuna), and the Atlantic Tunas Convention Act (16 U.S.C. 971 [et seq.]).

• 16 U.S.C. § 7704(d)

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  (d) The Secretary shall ensure the consistency, to the extent practicable, of fishery management programs administered under this chapter, the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), the Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.), the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et seq.), section 401 of Public Law 108–219 (16 U.S.C. 1821 note) (relating to Pacific albacore tuna), the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.), the National Oceanic and Atmospheric Administration Authorization Act of 1992 (Public Law 102–567) and the amendments made by that Act, and Public Law 100–629 (102 Stat. 3286).

• 16 U.S.C. § 7804(c)

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  (c) The Secretary shall ensure the consistency, to the extent practicable, of fishery management programs administered under this chapter, the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), the Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.), the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et seq.), section 401 of Public Law 108–219 (16 U.S.C. 1821 note) (relating to Pacific albacore tuna), the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.), the National Oceanic and Atmospheric Administration Authorization Act of 1992 (Public Law 102–567) and the amendments made by that Act, and Public Law 100–629 (102 Stat. 3286).

Citations to §1821(b)

• 16 U.S.C. § 1824(c)

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  (c) The Secretary of State, in cooperation with the Secretary, shall issue annually a registration permit for each fishing vessel of a foreign nation which is a party to an international fishery agreement under which foreign fishing is authorized by section 1821(b) of this title and which wishes to engage in fishing described in subsection (a). Each such permit shall set forth the terms and conditions contained in the agreement that apply with respect to such fishing, and shall include the additional requirement that the owner or operator of the fishing vessel for which the permit is issued shall prominently display such permit in the wheelhouse of such vessel and show it, upon request, to any officer authorized to enforce the provisions of this chapter (as provided for in section 1861 of this title). The Secretary of State, after consultation with the Secretary and the Secretary of the department in which the Coast Guard is operating, shall prescribe the form and manner in which applications for registration permits may be made, and the forms of such permits. The Secretary of State may establish, require the payment of, and collect fees for registration permits; except that the level of such fees shall not exceed the administrative costs incurred by him in issuing such permits.

• 16 U.S.C. § 1856(c)(4)(C)

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  (C) A foreign fishing vessel shall be treated as qualified for purposes of paragraph (1) if the foreign nation under which it is flagged will be a party to (i) a governing international fishery agreement or (ii) a treaty described in section 1821(b) of this title during the time the vessel will engage in the fish processing for which permission is sought under paragraph (1)(B).

• 16 U.S.C. § 1861(j)(1)

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  (1) The term “provisions of this chapter” includes (A) any regulation or permit issued pursuant to this chapter, and (B) any provision of, or regulation issued pursuant to, any international fishery agreement under which foreign fishing is authorized by section 1821(b) or (c) of this title, or section 1824(d) of this title, with respect to fishing subject to the exclusive fishery management authority of the United States.

Citations to §1821(c)

• 16 U.S.C. § 1822(a)(2)

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  (2) shall negotiate governing international fishery agreements described in section 1821(c) of this title;

• 16 U.S.C. § 1822(c)

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  (c) No international fishery agreement (other than a treaty) which pertains to foreign fishing within the exclusive economic zone (or within the area that will constitute such zone after February 28, 1977), or for anadromous species or Continental Shelf fishery resources beyond such zone or area—

  (1) which is in effect on June 1, 1976, may thereafter be renewed, extended, or amended; or

  (2) may be entered into after May 31, 1976;

  by the United States unless it is in accordance with the provisions of section 1821(c) of this title or section 1824(e) of this title.

• 16 U.S.C. § 1824(e)(2)(F)

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  (F) shall require the foreign nation and its fishing vessels to comply with the requirements of paragraphs (1), (2), (3) and (4)(A) of section 1821(c) of this title, section 1821(d) of this title, and section 1821(h) of this title.

• 16 U.S.C. § 1825(a)(1)

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  (1) 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;

• 16 U.S.C. § 1857(1)(C)

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  (C) to violate any provision of, or regulation under, an applicable governing international fishery agreement entered into pursuant to section 1821(c) of this title;

• 16 U.S.C. § 1861(j)(1)

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  (1) The term “provisions of this chapter” includes (A) any regulation or permit issued pursuant to this chapter, and (B) any provision of, or regulation issued pursuant to, any international fishery agreement under which foreign fishing is authorized by section 1821(b) or (c) of this title, or section 1824(d) of this title, with respect to fishing subject to the exclusive fishery management authority of the United States.

Citations to §1821(c)(1)

• 16 U.S.C. § 1824(b)(7)(C)

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  (C) The requirements described in section 1821(c)(1), (2), and (3) of this title.

Citations to §1821(c)(2)

• 16 U.S.C. § 1824(b)(7)(C)

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  (C) The requirements described in section 1821(c)(1), (2), and (3) of this title.

• 16 U.S.C. § 1824(d)(3)(B)

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  (B) the applicant will comply with the requirements described in section 1821(c)(2) of this title with respect to activities authorized by any permit issued pursuant to the application;

Citations to §1821(c)(3)

• 16 U.S.C. § 1824(b)(7)(C)

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  (C) The requirements described in section 1821(c)(1), (2), and (3) of this title.

Citations to §1821(d)

• 16 U.S.C. § 1824(e)(2)(F)

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  (F) shall require the foreign nation and its fishing vessels to comply with the requirements of paragraphs (1), (2), (3) and (4)(A) of section 1821(c) of this title, section 1821(d) of this title, and section 1821(h) of this title.

• 16 U.S.C. § 1825(a)(1)

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  (1) 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;

Citations to §1821(h)

• 16 U.S.C. § 1824(e)(2)(F)

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  (F) shall require the foreign nation and its fishing vessels to comply with the requirements of paragraphs (1), (2), (3) and (4)(A) of section 1821(c) of this title, section 1821(d) of this title, and section 1821(h) of this title.

Citations to §1821(i)

• 16 U.S.C. § 1857(2)(A)(i)

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  (i) recreational fishing permitted under section 1821(i) of this title;

• 16 U.S.C. § 1857(2)(B)

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  (B) in fishing, except recreational fishing permitted under section 1821(i) of this title, within the exclusive economic zone, or for any anadromous species or Continental Shelf fishery resources beyond such zone, unless such fishing is authorized by, and conducted in accordance with, a valid and applicable permit issued pursuant to section 1824(b), (c), or (d) of this title; or