|
U.S. Code as of:
01/19/04
Section 1972. Action by Secretary of State upon seizure of vessel by foreign country; preconditions
If -
(1) any vessel of the United States is seized by a foreign
country on the basis of claims to jurisdiction that are not
recognized by the United States, or on the basis of claims to
jurisdiction recognized by the United States but exercised in a
manner inconsistent with international law as recognized by the
United States; (!1)
(2) any general claim of any foreign country to exclusive
fishery management authority is recognized by the United States,
and any vessel of the United States is seized by such foreign
country on the basis of conditions and restrictions under such
claim, if such conditions and restrictions -
(A) are unrelated to fishery conservation and management,
(B) fail to consider and take into account traditional
fishing practices of vessels of the United States,
(C) are greater or more onerous than the conditions and
restrictions which the United States applies to foreign fishing
vessels subject to the exclusive fishery management authority
of the United States (as established in title I of the
Magnuson-Stevens Fishery Conservation and Management Act [16
U.S.C. 1811 et seq.]), or
(D) fail to allow fishing vessels of the United States
equitable access to fish subject to such country's exclusive
fishery management authority;
the Secretary of State, unless there is clear and convincing
credible evidence that the seizure did not meet the requirements
under paragraph (1) or (2), as the case may be, shall immediately
take such steps as are necessary -
(i) for the protection of such vessel and for the health and
welfare of its crew;
(ii) to secure the release of such vessel and its crew; and
(iii) to determine the amount of any fine, license, fee,
registration fee, or other direct charge reimbursable under
section 1973(a) of this title.
|
|