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Shipping - 46 USC Appendix Section 251
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01/19/04 Sec. 251. Vessels employed in coasting trade or fisheries
(a) Landing of catch of fish by foreign-flag vessels
Except as otherwise provided by treaty or convention to which the
United States is a party, no foreign-flag vessel shall, whether
documented as a cargo vessel or otherwise, land in a port of the
United States its catch of fish taken on board such vessels on the
high seas or fish products processed therefrom, or any fish or fish
products taken on board such vessel on the high seas from a vessel
engaged in fishing operations or in the processing of fish or fish
products. The Secretary of Commerce may issue any regulations that
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.
(b) Sale or transfer for immediate consumption
Subsection (a) of this section shall not be deemed to prohibit
the landing by a foreign-flag vessel of not more than fifty feet
overall length in a port of the Virgin Islands of the United States
for immediate consumption in such islands of its catch of fresh
fish, whole or with the heads, viscera, or fins removed, but not
frozen, otherwise processed, or further advanced. No fish landed
under this authorization shall be sold or transferred except for
immediate consumption. Sale or transfer to an agent,
representative, or employee of a freezer or cannery shall be deemed
to be prohibited in the absence of satisfactory evidence that such
sale or transfer is for immediate consumption. For the purposes of
this subsection, the term "immediate consumption" shall not
preclude the freezing, smoking, or other processing of such fresh
fish by the ultimate consumer thereof.
(c) Forfeitures and penalties
Any fish landed in the Virgin Islands of the United States which
are retained, sold, or transferred other than as authorized in
subsection (b) of this section shall be liable to forfeiture and
any person or persons retaining, selling, transferring, purchasing,
or receiving such fish shall severally be liable to a penalty of
$1,000 for each offense, in addition to any other penalty provided
in law.
AMENDMENTS
1988 - Subsec. (a). Pub. L. 100-239 inserted at end "The
Secretary of Commerce may issue any regulations that 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."
1980 - Subsec. (a). Pub. L. 96-594 struck out provisions relating
to vessels entitled to privileges of vessels employed in coasting
trade or fisheries, and provisions defining "fisheries".
1979 - Subsec. (a). Pub. L. 96-61 inserted provision defining
"fisheries".
1961 - Pub. L. 87-220 designated existing provisions as subsec.
(a), and added subsecs. (b) and (c).
1950 - Act Sept. 2, 1950, inserted second sentence to increase
protection to American fishermen.
EFFECTIVE DATE OF 1980 AMENDMENT
Section 128 of Pub. L. 96-594 provided in part that the amendment
made by Pub. L. 96-594 is effective on first day of eighteenth
month following December 1980.
LANDING OF CATCH OF FISH BY FOREIGN VESSELS
Provisions of this section prohibiting the landing of fish in
United States ports by foreign-flag vessels direct from fishing
grounds unaffected by Pub. L. 87-814, see section 6 of Pub. L.
87-814, set out as a note under section 951 of Title 16,
Conservation.
Last modified: April 20, 2006
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