§ 1416. — Permits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1416]
TITLE 16--CONSERVATION
CHAPTER 31--MARINE MAMMAL PROTECTION
SUBCHAPTER IV--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM
Sec. 1416. Permits
(a) In general
(1) Consistent with the regulations issued pursuant to section 1413
of this title, the Secretary shall issue a permit to a vessel of the
United States authorizing participation in the International Dolphin
Conservation Program and may require a permit for the person actually in
charge of and controlling the fishing operation of the vessel. The
Secretary shall prescribe such procedures as are necessary to carry out
this subsection, including requiring the submission of--
(A) the name and official number or other identification of each
fishing vessel for which a permit is sought, together with the name
and address of the owner thereof; and
(B) the tonnage, hold capacity, speed, processing equipment, and
type and quantity of gear, including an inventory of special
equipment required under section 1413 of this title, with respect to
each vessel.
(2) The Secretary is authorized to charge a fee for granting an
authorization and issuing a permit under this section. The level of fees
charged under this paragraph may not exceed the administrative cost
incurred in granting an authorization and issuing a permit. Fees
collected under this paragraph shall be available to the Under Secretary
of Commerce for Oceans and Atmosphere for expenses incurred in granting
authorizations and issuing permits under this section.
(3) After the effective date of the International Dolphin
Conservation Program Act, no vessel of the United States shall operate
in the yellowfin tuna fishery in the eastern tropical Pacific Ocean
without a valid permit issued under this section.
(b) Permit sanctions
(1) In any case in which--
(A) a vessel for which a permit has been issued under this
section has been used in the commission of an act prohibited under
section 1417 of this title;
(B) the owner or operator of any such vessel or any other person
who has applied for or been issued a permit under this section has
acted in violation of section 1417 of this title; or
(C) any civil penalty or criminal fine imposed on a vessel,
owner or operator of a vessel, or other person who has applied for
or been issued a permit under this section has not been paid or is
overdue,
the Secretary may--
(i) revoke any permit with respect to such vessel, with or
without prejudice to the issuance of subsequent permits;
(ii) suspend such permit for a period of time considered by the
Secretary to be appropriate;
(iii) deny such permit; or
(iv) impose additional conditions or restrictions on any permit
issued to, or applied for by, any such vessel or person under this
section.
(2) In imposing a sanction under this subsection, the Secretary
shall take into account--
(A) the nature, circumstances, extent, and gravity of the
prohibited acts for which the sanction is imposed; and
(B) with respect to the violator, the degree of culpability, any
history of prior offenses, and other such matters as justice
requires.
(3) Transfer of ownership of a vessel, by sale or otherwise, shall
not extinguish any permit sanction that is in effect or is pending at
the time of transfer of ownership. Before executing the transfer of
ownership of a vessel, by sale or otherwise, the owner shall disclose in
writing to the prospective transferee the existence of any permit
sanction that will be in effect or pending with respect to the vessel at
the time of transfer.
(4) In the case of any permit that is suspended for the failure to
pay a civil penalty or criminal fine, the Secretary shall reinstate the
permit upon payment of the penalty or fine and interest thereon at the
prevailing rate.
(5) No sanctions shall be imposed under this section unless there
has been a prior opportunity for a hearing on the facts underlying the
violation for which the sanction is imposed, either in conjunction with
a civil penalty proceeding under this subchapter or otherwise.
(Pub. L. 92-522, title III, Sec. 306, as added Pub. L. 105-42,
Sec. 6(c), Aug. 15, 1997, 111 Stat. 1135.)
References in Text
For effective date of the International Dolphin Conservation Program
Act [Pub. L. 105-42], referred to in subsec. (a)(3), see section 8 of
Pub. L. 105-42, set out as an Effective Date of 1997 Amendment note
under section 1362 of this title.
Prior Provisions
A prior section 1416, Pub. L. 92-522, title III, Sec. 306, as added
Pub. L. 102-523, Sec. 2(a), Oct. 26, 1992, 106 Stat. 3430, related to
permits for taking dolphins, prior to repeal by Pub. L. 105-42,
Sec. 6(c), Aug. 15, 1997, 111 Stat. 1130.
A prior section 306 of Pub. L. 92-522 was renumbered section 406 and
is classified to section 1421e of this title.
Effective Date
For effective date of section, see section 8 of Pub. L. 105-42, set
out as an Effective Date of 1997 Amendment note under section 1362 of
this title.
Section Referred to in Other Sections
This section is referred to in sections 973g, 1374 of this title.
