§ 5503. — Permitting.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC5503]
TITLE 16--CONSERVATION
CHAPTER 75--HIGH SEAS FISHING COMPLIANCE
Sec. 5503. Permitting
(a) In general
No high seas fishing vessel shall engage in harvesting operations on
the high seas unless the vessel has on board a valid permit issued under
this section.
(b) Eligibility
(1) Any vessel of the United States is eligible to receive a permit
under this section, unless the vessel was previously authorized to be
used for fishing on the high seas by a foreign nation, and
(A) the foreign nation suspended such authorization because the
vessel undermined the effectiveness of international conservation
and management measures, and the suspension has not expired; or
(B) the foreign nation, within the last three years preceding
application for a permit under this section, withdrew such
authorization because the vessel undermined the effectiveness of
international conservation and management measures.
(2) The restriction in paragraph (1) does not apply if ownership of
the vessel has changed since the vessel undermined the effectiveness of
international conservation and management measures, and the new owner
has provided sufficient evidence to the Secretary demonstrating that the
previous owner or operator has no further legal, beneficial or financial
interest in, or control of, the vessel.
(3) The restriction in paragraph (1) does not apply if the Secretary
makes a determination that issuing a permit would not subvert the
purposes of the Agreement.
(4) The Secretary may not issue a permit to a vessel unless the
Secretary is satisfied that the United States will be able to exercise
effectively its responsibilities under the Agreement with respect to
that vessel.
(c) Application
(1) The owner or operator of a high seas fishing vessel may apply
for a permit under this section by completing an application form
prescribed by the Secretary.
(2) The application form shall contain--
(A) the vessel's name, previous names (if known), official
numbers, and port of record;
(B) the vessel's previous flags (if any);
(C) the vessel's International Radio Call Sign (if any);
(D) the names and addresses of the vessel's owners and
operators;
(E) where and when the vessel was built;
(F) the type of vessel;
(G) the vessel's length; and
(H) any other information the Secretary requires for the
purposes of implementing the Agreement.
(d) Conditions
The Secretary shall establish such conditions and restrictions on
each permit issued under this section as are necessary and appropriate
to carry out the obligations of the United States under the Agreement,
including but not limited to the following:
(1) The vessel shall be marked in accordance with the FAO
Standard Specifications for the Marking and Identification of
Fishing Vessels, or with regulations issued under section 1855 of
this title; and
(2) The permit holder shall report such information as the
Secretary by regulation requires, including area of fishing
operations and catch statistics. The Secretary shall promulgate
regulations concerning conditions under which information submitted
under this paragraph may be released.
(e) Fees
(1) The Secretary shall by regulation establish the level of fees to
be charged for permits issued under this section. The amount of any fee
charged for a permit issued under this section shall not exceed the
administrative costs incurred in issuing such permits. The permitting
fee may be in addition to any fee required under any regional permitting
regime applicable to high seas fishing vessels.
(2) The fees authorized by paragraph (1) shall be collected and
credited to the Operations, Research and Facilities account of the
National Oceanic and Atmospheric Administration. Fees collected under
this subsection shall be available for the necessary expenses of the
National Oceanic and Atmospheric Administration in implementing this
chapter, and shall remain available until expended.
(f) Duration
A permit issued under this section is valid for 5 years. A permit
issued under this section is void in the event the vessel is no longer
eligible for United States documentation, such documentation is revoked
or denied, or the vessel is deleted from such documentation.
(Pub. L. 104-43, title I, Sec. 104, Nov. 3, 1995, 109 Stat. 369; Pub. L.
104-208, div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30,
1996, 110 Stat. 3009, 3009-41.)
References in Text
This chapter, referred to in subsec. (e)(2), was in the original
``this Act'', and was translated as reading ``this title'', meaning
title I of Pub. L. 104-43, to reflect the probable intent of Congress.
Amendments
1996--Subsec. (d)(1). Pub. L. 104-208 made technical amendment to
reference in original act which appears in text as reference to section
1855 of this title.
Effective Date of 1996 Amendment
Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104-208
provided that the amendment made by that section is effective 15 days
after Oct. 11, 1996.
Section Referred to in Other Sections
This section is referred to in sections 5504, 5505, 5507 of this
title.
