50 CFR Part 300.205

50 CFR 300.205 (up to date as of 5/22/2025)
Effect of certification.

50 CFR 300.205 (May 22, 2025)

This content is from the eCFR and is authoritative but unofficial.

Title 50 —Wildlife and Fisheries
Chapter III —International Fishing and Related Activities
Part 300 —International Fisheries Regulations
Subpart N —Identification and Certification of Nations
Authority: 16 U.S.C. 1826d et seq.
Source: 76 FR 2024, Jan. 12, 2011, unless otherwise noted.
Authority: 16 U.S.C. 951 et seq., 16 U.S.C. 1801 et seq., 16 U.S.C. 5501 et seq., 16 U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq.
Source: 61 FR 35550, July 5, 1996, unless otherwise noted.

Editorial Note: Nomenclature changes to part 300 appear at 64 FR 44431, Aug. 16, 1999, and at 76 FR 59305,
Sept. 26, 2011.

§ 300.205 Effect of certification.
(a) If a nation identified under § 300.202(a), § 300.203(a), or § 300.204(a) does not receive a positive
certification under this subpart (i.e., the nation receives a negative certification or no certification is
made), the Secretary of Treasury shall, in accordance with recognized principles of international law:
(1) Withhold or revoke the clearance required by section 91 of the appendix to Title 46 for the fishing
vessels of such nation; and
(2) Deny entry to the fishing vessels of such nation to any place in the United States and to the navigable
waters of the United States.
(b) Upon notification and any recommendations by the Secretary of Commerce to the President that an
identified nation has failed to receive a positive certification, the President is authorized to direct the
Secretary of the Treasury to prohibit the importation of certain fish and fish products from such nation
(see § 300.206).
(c) Any action recommended under paragraph (b) of this section shall be consistent with international
obligations, including the WTO Agreement.
(d) If certain fish and fish products are prohibited from entering the United States, within six months after the
imposition of the prohibition, the Secretary of Commerce shall determine whether the prohibition is
insufficient to cause that nation to effectively address the IUU fishing, bycatch, or shark catch described in
the biennial report, or that nation has retaliated against the United States as a result of that prohibition.
The Secretary of Commerce shall certify to the President each affirmative determination that an import
prohibition is insufficient to cause a nation to effectively address such IUU fishing activity, bycatch, or
shark catch or that a nation has taken retaliatory action against the United States. This certification is
deemed to be a certification under section 1978(a) of Title 22, which provides that the President may
direct the Secretary of the Treasury to prohibit the bringing or the importation into the United States of any
products from the offending country for any duration as the President determines appropriate and to the
extent that such prohibition is sanctioned by the World Trade Organization.
(e) Duration of certification. Any nation identified in the biennial report to Congress for having vessels
engaged in IUU fishing that is negatively certified will remain negatively certified until the Secretary of
Commerce determines that the nation has taken appropriate corrective action to address the IUU fishing
activities for which it was identified in the biennial report. Any nation identified in the biennial report to
50 CFR 300.205(e) (enhanced display)

page 1 of 2

50 CFR 300.205 (up to date as of 5/22/2025)
Effect of certification.

50 CFR 300.205(f)

Congress for having vessels engaged in PLMR bycatch or catch of sharks that is negatively certified will
remain negatively certified until the Secretary of Commerce determines that the nation has taken the
necessary actions pursuant to the Moratorium Protection Act to receive a positive certification.
(f) Consultations. NMFS will, working through or in consultation with the Department of State, continue
consultations with nations that do not receive a positive certification with respect to the fishing activities
described in the biennial report to Congress. The Secretary of Commerce shall take the results of such
consultations into consideration when making a subsequent certification determination for each such
nation.
[78 FR 3344, Jan. 16, 2013]

50 CFR 300.205(f) (enhanced display)

page 2 of 2