§ 1824. — Permits for foreign fishing.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1824]
TITLE 16--CONSERVATION
CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER III--FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS
Sec. 1824. Permits for foreign fishing
(a) In general
After February 28, 1977, no foreign fishing vessel shall engage in
fishing within the exclusive economic zone, or for anadromous species or
Continental Shelf fishery resources beyond such zone, unless such vessel
has on board a valid permit issued under this section for such vessel.
(b) Applications and permits under governing international fishery
agreements
(1) Eligibility; duration
Each foreign nation with which the United States has entered
into a governing international fishery agreement shall submit an
application to the Secretary of State each year for a permit for
each of its fishing vessels that wishes to engage in fishing
described in subsection (a) of this section. No permit issued under
this section may be valid for longer than a year; and section 558(c)
of title 5 does not apply to the renewal of any such permit.
(2) Forms
The Secretary, in consultation with the Secretary of State and
the Secretary of the department in which the Coast Guard is
operating, shall prescribe the forms for permit applications
submitted under this subsection and for permits issued pursuant to
any such application.
(3) Contents
Any application made under this subsection shall specify--
(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;
(B) the tonnage, hold capacity, speed, processing equipment,
type and quantity of fishing gear, and such other pertinent
information with respect to characteristics of each such vessel
as the Secretary may require;
(C) each fishery in which each such vessel wishes to fish;
(D) the estimated amount of tonnage of fish which will be
caught, taken, or harvested in each such fishery by each such
vessel during the time the permit is in force;
(E) the amount or tonnage of United States harvested fish,
if any, which each such vessel proposes to receive at sea from
vessels of the United States;
(F) the ocean area in which, and the season or period during
which, such fishing will be conducted; and
(G) all applicable vessel safety standards imposed by the
foreign country, and shall include written certification that
the vessel is in compliance with those standards;
and shall include any other pertinent information and material which
the Secretary may require.
(4) Transmittal for action
Upon receipt of any application which complies with the
requirements of paragraph (3), the Secretary of State shall publish
a notice of receipt of the application in the Federal Register. Any
such notice shall summarize the contents of the applications from
each nation included therein with respect to the matters described
in paragraph (3). The Secretary of State shall promptly transmit--
(A) such application, together with his comments and
recommendations thereon, to the Secretary;
(B) a copy of the application to the Secretary of the
department in which the Coast Guard is operating; and
(C) a copy or a summary of the application to the
appropriate Council.
(5) Action by Council
After receiving a copy or summary of an application under
paragraph (4)(C), the Council may prepare and submit to the
Secretary such written comments on the application as it deems
appropriate. Such comments shall be submitted within 45 days after
the date on which the application is received by the Council and may
include recommendations with respect to approval of the application
and, if approval is recommended, with respect to appropriate
conditions and restrictions thereon. Any interested person may
submit comments to such Council with respect to any such
application. The Council shall consider any such comments in
formulating its submission to the Secretary.
(6) Approval
(A) After receipt of any application transmitted under paragraph
(4)(A), the Secretary shall consult with the Secretary of State and,
with respect to enforcement, with the Secretary of the department in
which the Coast Guard is operating. The Secretary, after taking into
consideration the views and recommendations of such Secretaries, and
any comments submitted by any Council under paragraph (5), may
approve, subject to subparagraph (B), the application, if he
determines that the fishing described in the application will meet
the requirements of this chapter, or he may disapprove all or any
portion of the application.
(B)(i) In the case of any application which specifies that one
or more foreign fishing vessels propose to receive at sea United
States harvested fish from vessels of the United States, the
Secretary may approve the application unless the Secretary
determines, on the basis of the views, recommendations, and comments
referred to in subparagraph (A) and other pertinent information,
that United States fish processors have adequate capacity, and will
utilize such capacity, to process all United States harvested fish
from the fishery concerned.
(ii) The amount or tonnage of United States harvested fish which
may be received at sea during any year by foreign fishing vessels
under permits approved under this paragraph may not exceed that
portion of the optimum yield of the fishery concerned which will not
be utilized by United States fish processors.
(iii) In deciding whether to approve any application under this
subparagraph, the Secretary may take into account, with respect to
the foreign nation concerned, such other matters as the Secretary
deems appropriate.
(7) Establishment of conditions and restrictions
The Secretary shall establish conditions and restrictions which
shall be included in each permit issued pursuant to any application
approved under paragraph (6) or subsection (d) of this section and
which must be complied with by the owner or operator of the fishing
vessel for which the permit is issued. Such conditions and
restrictions shall include the following:
(A) All of the requirements of any applicable fishery
management plan, or preliminary fishery management plan, and any
applicable Federal or State fishing regulations.
(B) The requirement that no permit may be used by any vessel
other than the fishing vessel for which it is issued.
(C) The requirements described in section 1821(c)(1), (2),
and (3) of this title.
(D) If the permit is issued other than pursuant to an
application approved under paragraph (6)(B) or subsection (d) of
this section, the restriction that the foreign fishing vessel
may not receive at sea United States harvested fish from vessels
of the United States.
(E) If the permit is issued pursuant to an application
approved under paragraph (6)(B), the maximum amount or tonnage
of United States harvested fish which may be received at sea
from vessels of the United States.
(F) Any other condition and restriction related to fishery
conservation and management which the Secretary prescribes as
necessary and appropriate.
(8) Notice of approval
The Secretary shall promptly transmit a copy of each application
approved under paragraph (6) and the conditions and restrictions
established under paragraph (7) to--
(A) the Secretary of State for transmittal to the foreign
nation involved;
(B) the Secretary of the department in which the Coast Guard
is operating; and
(C) any Council which has authority over any fishery
specified in such application.
(9) Disapproval of applications
If the Secretary does not approve any application submitted by a
foreign nation under this subsection, he shall promptly inform the
Secretary of State of the disapproval and his reasons therefore. The
Secretary of State shall notify such foreign nation of the
disapproval and the reasons therefor. Such foreign nation, after
taking into consideration the reasons for disapproval, may submit a
revised application under this subsection.
(10) Fees
(A) Fees shall be paid to the Secretary by the owner or operator
of any foreign fishing vessel for which a permit has been issued
pursuant to this section. The Secretary, in consultation with the
Secretary of State, shall establish a schedule of reasonable fees
that shall apply nondiscriminatorily to each foreign nation.
(B) Amounts collected by the Secretary under this paragraph
shall be deposited in the general fund of the Treasury.
(11) Issuance of permits
If a foreign nation notifies the Secretary of State of its
acceptance of the conditions and restrictions established by the
Secretary under paragraph (7), the Secretary of State shall promptly
transmit such notification to the Secretary. Upon payment of the
applicable fees established pursuant to paragraph (10), the
Secretary shall thereupon issue to such foreign nation, through the
Secretary of State, permits for the appropriate fishing vessels of
that nation. Each permit shall contain a statement of all conditions
and restrictions established under paragraph (7) which apply to the
fishing vessel for which the permit is issued.
(c) Registration permits
The Secretary of State, in cooperation with the Secretary, shall
issue annually a registration permit for each fishing vessel of a
foreign nation which is a party to an international fishery agreement
under which foreign fishing is authorized by section 1821(b) of this
title and which wishes to engage in fishing described in subsection (a)
of this section. Each such permit shall set forth the terms and
conditions contained in the agreement that apply with respect to such
fishing, and shall include the additional requirement that the owner or
operator of the fishing vessel for which the permit is issued shall
prominently display such permit in the wheelhouse of such vessel and
show it, upon request, to any officer authorized to enforce the
provisions of this chapter (as provided for in section 1861 of this
title). The Secretary of State, after consultation with the Secretary
and the Secretary of the department in which the Coast Guard is
operating, shall prescribe the form and manner in which applications for
registration permits may be made, and the forms of such permits. The
Secretary of State may establish, require the payment of, and collect
fees for registration permits; except that the level of such fees shall
not exceed the administrative costs incurred by him in issuing such
permits.
(d) Transshipment permits
(1) Authority to issue permits
The Secretary may issue a transshipment permit under this
subsection which authorizes a vessel other than a vessel of the
United States to engage in fishing consisting solely of transporting
fish or fish products at sea from a point within the exclusive
economic zone or, with the concurrence of a State, within the
boundaries of that State, to a point outside the United States to
any person who--
(A) submits an application which is approved by the
Secretary under paragraph (3); and
(B) pays a fee imposed under paragraph (7).
(2) Transmittal
Upon receipt of an application for a permit under this
subsection, the Secretary shall promptly transmit copies of the
application to the Secretary of State, Secretary of the department
in which the Coast Guard is operating, any appropriate Council, and
any affected State.
(3) Approval of application
The Secretary may approve, in consultation with the appropriate
Council or Marine Fisheries Commission, an application for a permit
under this section if the Secretary determines that--
(A) the transportation of fish or fish products to be
conducted under the permit, as described in the application,
will be in the interest of the United States and will meet the
applicable requirements of this chapter;
(B) the applicant will comply with the requirements
described in section 1821(c)(2) of this title with respect to
activities authorized by any permit issued pursuant to the
application;
(C) the applicant has established any bonds or financial
assurances that may be required by the Secretary; and
(D) no owner or operator of a vessel of the United States
which has adequate capacity to perform the transportation for
which the application is submitted has indicated to the
Secretary an interest in performing the transportation at fair
and reasonable rates.
(4) Whole or partial approval
The Secretary may approve all or any portion of an application
under paragraph (3).
(5) Failure to approve application
If the Secretary does not approve any portion of an application
submitted under paragraph (1), the Secretary shall promptly inform
the applicant and specify the reasons therefor.
(6) Conditions and restrictions
The Secretary shall establish and include in each permit under
this subsection conditions and restrictions, including those
conditions and restrictions set forth in subsection (b)(7) of this
section, which shall be complied with by the owner and operator of
the vessel for which the permit is issued.
(7) Fees
The Secretary shall collect a fee for each permit issued under
this subsection, in an amount adequate to recover the costs incurred
by the United States in issuing the permit, except that the
Secretary shall waive the fee for the permit if the foreign nation
under which the vessel is registered does not collect a fee from a
vessel of the United States engaged in similar activities in the
waters of such foreign nation.
(e) Pacific Insular Areas
(1) Negotiation of Pacific Insular Area fishery agreements
The Secretary of State, with the concurrence of the Secretary
and in consultation with any appropriate Council, may negotiate and
enter into a Pacific Insular Area fishery agreement to authorize
foreign fishing within the exclusive economic zone adjacent to a
Pacific Insular Area--
(A) in the case of American Samoa, Guam, or the Northern
Mariana Islands, at the request and with the concurrence of, and
in consultation with, the Governor of the Pacific Insular Area
to which such agreement applies; and
(B) in the case of a Pacific Insular Area other than
American Samoa, Guam, or the Northern Mariana Islands, at the
request of the Western Pacific Council.
(2) Agreement terms and conditions
A Pacific Insular Area fishery agreement--
(A) shall not be considered to supersede any governing
international fishery agreement currently in effect under this
chapter, but shall provide an alternative basis for the conduct
of foreign fishing within the exclusive economic zone adjacent
to Pacific Insular Areas;
(B) shall be negotiated and implemented consistent only with
the governing international fishery agreement provisions of this
subchapter specifically made applicable in this subsection;
(C) may not be negotiated with a nation that is in violation
of a governing international fishery agreement in effect under
this chapter;
(D) shall not be entered into if it is determined by the
Governor of the applicable Pacific Insular Area with respect to
agreements initiated under paragraph (1)(A), or the Western
Pacific Council with respect to agreements initiated under
paragraph (1)(B), that such an agreement will adversely affect
the fishing activities of the indigenous people of such Pacific
Insular Area;
(E) shall be valid for a period not to exceed three years
and shall only become effective according to the procedures in
section 1823 of this title; and
(F) shall require the foreign nation and its fishing vessels
to comply with the requirements of paragraphs (1), (2), (3) and
(4)(A) of section 1821(c) of this title, section 1821(d) of this
title, and section 1821(h) of this title.
(3) Permits for foreign fishing
(A) Application for permits for foreign fishing authorized under
a Pacific Insular Areas fishing agreement shall be made, considered
and approved or disapproved in accordance with paragraphs (3), (4),
(5), (6), (7)(A) and (B), (8), and (9) of subsection (b) of this
section, and shall include any conditions and restrictions
established by the Secretary in consultation with the Secretary of
State, the Secretary of the department in which the Coast Guard is
operating, the Governor of the applicable Pacific Insular Area, and
the appropriate Council.
(B) If a foreign nation notifies the Secretary of State of its
acceptance of the requirements of this paragraph, paragraph (2)(F),
and paragraph (5), including any conditions and restrictions
established under subparagraph (A), the Secretary of State shall
promptly transmit such notification to the Secretary. Upon receipt
of any payment required under a Pacific Insular Area fishing
agreement, the Secretary shall thereupon issue to such foreign
nation, through the Secretary of State, permits for the appropriate
fishing vessels of that nation. Each permit shall contain a
statement of all of the requirements, conditions, and restrictions
established under this subsection which apply to the fishing vessel
for which the permit is issued.
(4) Marine conservation plans
(A) Prior to entering into a Pacific Insular Area fishery
agreement, the Western Pacific Council and the appropriate Governor
shall develop a 3-year marine conservation plan detailing uses for
funds to be collected by the Secretary pursuant to such agreement.
Such plan shall be consistent with any applicable fishery management
plan, identify conservation and management objectives (including
criteria for determining when such objectives have been met), and
prioritize planned marine conservation projects. Conservation and
management objectives shall include, but not be limited to--
(i) establishment of Pacific Insular Area observer programs,
approved by the Secretary in consultation with the Western
Pacific Council, that provide observer coverage for foreign
fishing under Pacific Insular Area fishery agreements that is at
least equal in effectiveness to the program established by the
Secretary under section 1821(h) of this title;
(ii) conduct of marine and fisheries research, including
development of systems for information collection, analysis,
evaluation, and reporting;
(iii) conservation, education, and enforcement activities
related to marine and coastal management, such as living marine
resource assessments, habitat monitoring and coastal studies;
(iv) grants to the University of Hawaii for technical
assistance projects by the Pacific Island Network, such as
education and training in the development and implementation of
sustainable marine resources development projects, scientific
research, and conservation strategies; and
(v) western Pacific community-based demonstration projects
under section 112(b) of the Sustainable Fisheries Act and other
coastal improvement projects to foster and promote the
management, conservation, and economic enhancement of the
Pacific Insular Areas.
(B) In the case of American Samoa, Guam, and the Northern
Mariana Islands, the appropriate Governor, with the concurrence of
the Western Pacific Council, shall develop the marine conservation
plan described in subparagraph (A) and submit such plan to the
Secretary for approval. In the case of other Pacific Insular Areas,
the Western Pacific Council shall develop and submit the marine
conservation plan described in subparagraph (A) to the Secretary for
approval.
(C) If a Governor or the Western Pacific Council intends to
request that the Secretary of State renew a Pacific Insular Area
fishery agreement, a subsequent 3-year plan shall be submitted to
the Secretary for approval by the end of the second year of the
existing 3-year plan.
(5) Reciprocal conditions
Except as expressly provided otherwise in this subsection, a
Pacific Insular Area fishing agreement may include terms similar to
the terms applicable to United States fishing vessels for access to
similar fisheries in waters subject to the fisheries jurisdiction of
another nation.
(6) Use of payments by American Samoa, Guam, Northern
Mariana Islands
Any payments received by the Secretary under a Pacific Insular
Area fishery agreement for American Samoa, Guam, or the Northern
Mariana Islands shall be deposited into the United States Treasury
and then covered over to the Treasury of the Pacific Insular Area
for which those funds were collected. Amounts deposited in the
Treasury of a Pacific Insular Area shall be available, without
appropriation or fiscal year limitation, to the Governor of the
Pacific Insular Area--
(A) to carry out the purposes of this subsection;
(B) to compensate (i) the Western Pacific Council for
mutually agreed upon administrative costs incurred relating to
any Pacific Insular Area fishery agreement for such Pacific
Insular Area, and (ii) the Secretary of State for mutually
agreed upon travel expenses for no more than 2 Federal
representatives incurred as a direct result of complying with
paragraph (1)(A); and
(C) to implement a marine conservation plan developed and
approved under paragraph (4).
(7) Western Pacific Sustainable Fisheries Fund
There is established in the United States Treasury a Western
Pacific Sustainable Fisheries Fund into which any payments received
by the Secretary under a Pacific Insular Area fishery agreement for
any Pacific Insular Area other than American Samoa, Guam, or the
Northern Mariana Islands shall be deposited. The Western Pacific
Sustainable Fisheries Fund shall be made available, without
appropriation or fiscal year limitation, to the Secretary, who shall
provide such funds only to--
(A) the Western Pacific Council for the purpose of carrying
out the provisions of this subsection, including implementation
of a marine conservation plan approved under paragraph (4);
(B) the Secretary of State for mutually agreed upon travel
expenses for no more than 2 Federal representatives incurred as
a direct result of complying with paragraph (1)(B); and
(C) the Western Pacific Council to meet conservation and
management objectives in the State of Hawaii if monies remain in
the Western Pacific Sustainable Fisheries Fund after the funding
requirements of subparagraphs (A) and (B) have been satisfied.
Amounts deposited in such fund shall not diminish funding received
by the Western Pacific Council for the purpose of carrying out other
responsibilities under this chapter.
(8) Use of fines and penalties
In the case of violations occurring within the exclusive
economic zone off American Samoa, Guam, or the Northern Mariana
Islands, amounts received by the Secretary which are attributable to
fines or penalties imposed under this chapter, including such sums
collected from the forfeiture and disposition or sale of property
seized subject to its authority, after payment of direct costs of
the enforcement action to all entities involved in such action,
shall be deposited into the Treasury of the Pacific Insular Area
adjacent to the exclusive economic zone in which the violation
occurred, to be used for fisheries enforcement and for
implementation of a marine conservation plan under paragraph (4).
(Pub. L. 94-265, title II, Sec. 204, Apr. 13, 1976, 90 Stat. 342; Pub.
L. 95-354, Sec. 4(5)-(8), Aug. 28, 1978, 92 Stat. 520, 521; Pub. L. 96-
470, title I, Sec. 111(b), title II, Sec. 208, Oct. 19, 1980, 94 Stat.
2239, 2245; Pub. L. 96-561, title II, Sec. 232, Dec. 22, 1980, 94 Stat.
3298; Pub. L. 97-453, Sec. 3, Jan. 12, 1983, 96 Stat. 2483; Pub. L. 99-
272, title VI, Sec. 6021, Apr. 7, 1986, 100 Stat. 123; Pub. L. 99-659,
title I, Secs. 101(c)(2), 102, 103(b), Nov. 14, 1986, 100 Stat. 3707,
3709; Pub. L. 101-627, title I, Secs. 106, 120(b), Nov. 28, 1990, 104
Stat. 4440, 4459; Pub. L. 102-251, title III, Sec. 301(f), Mar. 9, 1992,
106 Stat. 64; Pub. L. 104-297, title I, Sec. 105(d), Oct. 11, 1996, 110
Stat. 3564.)
Amendment of Subsection (a)
Pub. L. 102-251, title III, Secs. 301(f), 308, Mar. 9, 1992, 106
Stat. 64, 66, provided that, effective on the date on which the
Agreement between the United States and the Union of Soviet
Socialist Republics on the Maritime Boundary, signed June 1, 1990,
enters into force for the United States, with authority to prescribe
implementing regulations effective Mar. 9, 1992, but with no such
regulation to be effective until the date on which the Agreement
enters into force for the United States, subsection (a) is amended
by inserting ``within the special areas,'' before ``or for
anadromous species'' and ``or areas'' after ``such zone''.
References in Text
Section 112(b) of the Sustainable Fisheries Act, referred to in
subsec. (e)(4)(A)(v), is section 112(b) of Pub. L. 104-297, which
amended section 1856 of this title. The reference probably should have
been to section 111(b) of Pub. L. 104-297 which relates to western
Pacific demonstration projects and is set out as a note under section
1855 of this title.
Amendments
1996--Subsec. (b)(7). Pub. L. 104-297, Sec. 105(d)(1), inserted ``or
subsection (d) of this section'' after ``under paragraph (6)'' in
introductory provisions.
Subsec. (b)(7)(A). Pub. L. 104-297, Sec. 105(d)(2), substituted
``any applicable Federal or State fishing regulations'' for ``the
regulations promulgated to implement any such plan''.
Subsec. (b)(7)(D). Pub. L. 104-297, Sec. 105(d)(3), inserted ``or
subsection (d) of this section'' after ``under paragraph (6)(B)''.
Subsecs. (d), (e). Pub. L. 104-297, Sec. 105(d)(4), added subsecs.
(d) and (e).
1990--Subsec. (b)(4)(C). Pub. L. 101-627, Sec. 120(b), substituted
``Council'' for ``council''.
Subsec. (b)(10). Pub. L. 101-627, Sec. 106(a), amended par. (10)
generally. Prior to amendment, par. (10) consisted of subpars. (A) to
(F) relating to schedule of fees to be paid for permits for foreign
fishing vessels, ratios for determining minimum fees, review and notice
to Congress of performance by nations receiving allocations, factors
included and excluded in cost of carrying out this chapter, use of
amounts collected in fees, and deposit into general fund of United
States Treasury of a determined amount.
Subsec. (b)(12). Pub. L. 101-627, Sec. 106(b), struck out par. (12)
which related to sanctions for violation of section 1857 of this title
or for failure to pay civil penalty under section 1858 of this title or
criminal fine under section 1859 of this title. See section 1858(g) of
this title.
1986--Subsec. (a). Pub. L. 99-659, Sec. 101(c)(2), substituted
``exclusive economic zone'' for ``fishery conservation zone''.
Subsec. (b)(1). Pub. L. 99-659, Sec. 102(1), inserted provision that
no permit issued under this section may be valid for longer than a year,
with section 558(c) of title 5 inapplicable to the renewal of any such
permit.
Subsec. (b)(3)(G). Pub. L. 99-659, Sec. 103(b), added subpar. (G).
Subsec. (b)(4)(C). Pub. L. 99-659, Sec. 102(2), struck out ``, upon
its request'' before period at end.
Subsec. (b)(6)(A). Pub. L. 99-659, Sec. 102(3), inserted ``, or he
may disapprove all or any portion of the application''.
Subsec. (b)(10). Pub. L. 99-272 amended par. (10) generally. Prior
to amendment, par. (10) read as follows: ``Fees shall be paid to the
Secretary by the owner or operator of any foreign fishing vessel for
which a permit is issued pursuant to this subsection. The Secretary, in
consultation with the Secretary of State, shall establish a schedule of
such fees which shall apply nondiscriminatorily to each foreign nation.
The fees imposed under this paragraph shall be at least in an amount
sufficient to return to the United States an amount which bears to the
total cost of carrying out the provisions of this chapter (including,
but not limited to, fishery conservation and management, fisheries
research, administration, and enforcement, but excluding costs for
observers covered by surcharges under section 1821(i)(4) of this title)
during each fiscal year the same ratio as the aggregate quantity of fish
harvested by foreign fishing vessels within the fishery conservation
zone during the preceding year bears to the aggregate quantity of fish
harvested by both foreign and domestic fishing vessels within such zone
and the territorial waters of the United States during such preceding
year. The amount collected by the Secretary under this paragraph shall
be transferred to the fisheries loan fund established under section 742c
of this title for so long as such fund exists and used of the purpose of
making loans therefrom, but only to the extent and in amounts provided
for in advance in appropriation Acts.''
Subsec. (b)(10)(B), (C). Pub. L. 99-659, Sec. 101(c)(2), substituted
``exclusive economic zone'' for ``fishery conservation zone''.
Subsec. (b)(12). Pub. L. 99-659, Sec. 102(4), amended par. (12)
generally. Prior to amendment, par. (12) read as follows: ``If any
foreign fishing vessel for which a permit has been issued pursuant to
this subsection has been used in the commission of any act prohibited by
section 1857 of this title the Secretary may, or if any civil penalty
imposed under section 1858 of this title or any criminal fine imposed
under section 1859 of this title has not been paid and is overdue the
Secretary shall--
``(A) revoke such permit, with or without prejudice to the right
of the foreign nation involved to obtain a permit for such vessel in
any subsequent year;
``(B) suspend such permit for the period of time deemed
appropriate; or
``(C) impose additional conditions and restrictions on the
approved application of the foreign nation involved and on any
permit issued under such application.
Any permit which is suspended under this paragraph for nonpayment of a
civil penalty shall be reinstated by the Secretary upon the payment of
such civil penalty together with interest thereon at the prevailing
rate.''
1983--Subsec. (b)(3)(B). Pub. L. 97-453, Sec. 3(1), inserted
``hold'' before ``capacity''.
Subsec. (b)(4). Pub. L. 97-453, Sec. 3(2), struck out ``and shall be
set forth under the name of each Council to which it will be transmitted
for comment'' after ``in paragraph (3)''.
Subsec. (b)(4)(B). Pub. L. 97-453, Sec. 3(3), struck out ``to each
appropriate Council and'' after ``application''.
Subsec. (b)(4)(C). Pub. L. 97-453, Sec. 3(3), substituted ``a copy
or a summary of the application to the appropriate council, upon its
request'' for ``a monthly summary of foreign fishing applications
including a report on approved applications as described in paragraphs
(6) and (7) to the Committee on Merchant Marine and Fisheries of the
House of Representatives and to the Committees on Commerce and Foreign
Relations of the Senate''.
Subsec. (b)(5). Pub. L. 97-453, Sec. 3(4), substituted ``After
receiving a copy or summary of an application under paragraph (4)(C),
the Council may'' for ``After receipt of an application transmitted
under paragraph (4)(B), each appropriate Council shall''.
1980--Subsec. (b)(4)(C). Pub. L. 96-470, Sec. 208, substituted ``a
monthly summary of foreign fishing applications including a report on
approval applications as described in paragraph (6) and (7)'' for ``a
copy of such material''.
Subsec. (b)(8)(D). Pub. L. 96-470, Sec. 111(b), struck out subpar.
(D) which required the Secretary to promptly transmit a copy of each
application to the Committee on Merchant Marine and Fisheries of the
House of Representatives and the Committees on Commerce and Foreign
Relations of the Senate.
Subsec. (b)(10). Pub. L. 96-561, Sec. 232(b), substituted provision
directing that fees imposed under this paragraph be at least in an
amount sufficient to return to the United States an amount which bears
to the total cost of carrying out the provisions of this chapter,
including, but not limited to, fishery conservation and management,
fisheries research, administration, and enforcement, but excluding costs
for observers covered by surcharges under section 1821(i)(4) of this
title, during each fiscal year, the same ratio as the aggregate quantity
of fish harvested by foreign fishing vessels within the fishery
conservation zone during the preceding year bears to the aggregate
quantity of fish harvested by both foreign and domestic fishing vessels
within such zone and the territorial waters of the United States during
such preceding year and that the fees collected for permits issued after
1981 be transferred to the fisheries loan fund for provision directing
that fees be formulated so as to ensure that receipts resulting from
payments for fees issued for 1981 are not less than an amount equal to 7
percent of the ex vessel value of the total harvest by foreign fishing
vessels in the fishery conservation zone during 1979 and that the fees
collected for permits issued for 1981 be transferred to the fisheries
loan fund.
Pub. L. 96-561, Sec. 232(a), substituted provision directing that
fees be formulated so as to ensure that receipts resulting from payments
for fees issued for 1981 are not less than an amount equal to 7 percent
of the ex vessel value of the total harvest by foreign fishing vessels
in the fishery conservation zone during 1979 and that the fees collected
for permits issued for 1981 be transferred to the fisheries loan fund
for provision permitting the Secretary, in determining the level of
fees, to take into account the cost of carrying out the provisions of
this chapter with respect to foreign fishing, including, but not limited
to, the cost of fishery conservation and management, fisheries research,
administration, and enforcement.
1978--Subsec. (b)(3)(D) to (F). Pub. L. 95-354, Sec. 4(5), in
subpar. (D) substituted provisions relating to estimation of amount of
tonnage which will be caught, taken, or harvested, for provisions
relating to the amount of fish or tonnage of catch contemplated for each
vessel, added subpar. (E), and redesignated former subpar. (E) as (F).
Subsec. (b)(4). Pub. L. 95-354, Sec. 4(6), substituted provisions
relating to publication of the notice of receipt of the application in
the Federal Register, for provisions relating to publication of the
application in the Federal Register.
Subsec. (b)(6). Pub. L. 95-354, Sec. 4(7), redesignated existing
provisions as subpar. (A) inserted reference to subpar. (B), and added
subpar. (B).
Subsec. (b)(7)(D) to (F). Pub. L. 95-354, Sec. 4(8), added subpars.
(D) and (E) and redesignated former subpar. (D) as (F).
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-251 effective on date on which Agreement
between United States and Union of Soviet Socialist Republics on the
Maritime Boundary, signed June 1, 1990, enters into force for United
States, with authority to prescribe implementing regulations effective
Mar. 9, 1992, but with no such regulation to be effective until date on
which Agreement enters into force for United States, see section 308 of
Pub. L. 102-251, set out as a note under section 773 of this title.
Effective Date of 1980 Amendment
Section 232(a) of Pub. L. 96-561 provided that the amendment made by
that section is effective with respect to permits issued under subsec.
(b) of this section for 1981.
Section 232(b) of Pub. L. 96-561 provided that the amendment made by
that section is effective with respect to permits issued under subsec.
(b) of this section after 1981.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Section Referred to in Other Sections
This section is referred to in sections 1371, 1383a, 1387, 1821,
1822, 1825, 1852, 1853, 1856, 1857, 1861 of this title; title 22 section
1980.
