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Central Bering Sea Fisheries Enforcement Act of 1992 (16 U.S.C.).

Type of law
Legislation
Date of original text
Date of latest amendment
Source


Abstract
This Act prohibits vessels and nationals of the United States from conducting fishing operations in the Central Bering Sea, except where such fishing operations are conducted in accordance with an international fishery agreement to which the United States and the Russian Federation are parties. Any violation shall be subject to civil penalties and permit sanctions under section 308 of the Magnuson Fishery Conservation and Management Act. The Secretary of Commerce shall publish in the Federal Register a list of nations whose nationals or vessels conduct fishing operations in the Central Bering Sea, except where such fishing operations are in accordance with the international fishery agreement to which the United States and the Russian Federation are parties. No nation may be removed from the list unless it is able to demonstrate: that the nationals and vessels of that nation have not conducted fishing operations in the Central Bering Sea for the previous 90 days and that the country has undertaken under a bilateral agreement with the United States or in any other manner acceptable to the Secretary of Commerce, not to permit its nationals or vessels to resume such fishing operations; or that the nationals and vessels of that nation are conducting fishing operations in accordance with an international fishery agreement to which the United States and the Russian Federation are parties.
A number of sanctions are established for failure to comply, and may be imposed by the Secretary of the Treasury on any countries on the list after 31 December 1992, mainly consisting of withholding or revoking the clearance granted to any fishing vessel documented under the laws of a nation included on a list, and denying the entry of such fishing vessel to any place in the United States and to the navigable waters of the United States. Provision is made for the issuance of regulations under the Magnuson Fishery Conservation and Management Act, to prohibit the following: (i) Any permitted fishing vessel from catching, taking or harvesting fish in a fishery under the geographical authority of the North Pacific Fishery Management Council, if the vessel is owned or controlled by a person owning or controlling a listed vessel; (ii) Any processing facility owned or controlled by a person who owns or controls a listed vessel from receiving any fish caught, taken or harvested in a fishery under the geographical authority of the North Pacific Fishery Management Council; (iii) Any permitted fishing vessel from delivering fish caught, taken or harvested in a fishery under the geographical authority of the North Pacific Fishery Management Council to a processing facility that is owned or controlled by any person that also owns or controls a listed fishing vessel.
The prohibitions and sanctions may be appealed. This title remains in force for 7 years after the date of enactment, except that any proceeding with respect to violations of section 302 occurring prior to such termination date shall be conducted as if that section were still in effect.
Long title of text
An Act regulating fishing in the Central Bering Sea forming part of the High Seas Driftnet Fisheries Enforcement Act.
Notes
Attached is also a consolidated version of 17 November 2014 as amended through Public Law 104–43.
Repealed
No
Serial Imprint
Public Law 102-582, 2 November 1992, pp. 4906-4908.
Publication reference
FAL No. 42, 1993, pp. 297-301
Source language

English

Legislation Amendment
No