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(continued)
until such later date in 1978 as was to be determined pursuant to
the terms of the Agreement.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1821, 1822, 1824, 1857 of
this title.

-End-



-CITE-
16 USC Sec. 1824 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY
AGREEMENTS

-HEAD-
Sec. 1824. Permits for foreign fishing

-STATUTE-
(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).

-SOURCE-
(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.)


-STATAMEND-
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".

-REFTEXT-
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.


-MISC1-
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.


-TRANS-
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.

-SECREF-
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.

-End-



-CITE-
16 USC Sec. 1825 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY
AGREEMENTS

-HEAD-
Sec. 1825. Import prohibitions

-STATUTE-
(a) Determinations by Secretary of State
If the Secretary of State determines that -
(1) he has been unable, within a reasonable period of time, to
conclude with any foreign nation an international fishery
agreement allowing fishing vessels of the United States equitable
access to fisheries over which that nation asserts exclusive
fishery management authority, including fisheries for tuna
species, as recognized by the United States, in accordance with
fishing activities of such vessels, if any, and under terms not
more restrictive than those established under sections 1821(c)
and (d) and 1824(b)(7) and (10) of this title, because such
nation has (A) refused to commence negotiations, or (B) failed to
negotiate in good faith;
(2) any foreign nation is not allowing fishing vessels of the
United States to engage in fishing for tuna species in accordance
with an applicable international fishery agreement, whether or
not such nation is a party thereto;
(3) any foreign nation is not complying with its obligations
under any existing international fishery agreement concerning
fishing by fishing vessels of the United States in any fishery
over which that nation asserts exclusive fishery management
authority; or
(4) any fishing vessel of the United States, while fishing in
waters beyond any foreign nation's territorial sea, to the extent
that such sea is recognized by the United States, is seized by
any foreign nation -
(A) in violation of an applicable international fishery
agreement;
(B) without authorization under an agreement between the
United States and such nation; or
(C) as a consequence of a claim of jurisdiction which is not
recognized by the United States;

he shall certify such determination to the Secretary of the
Treasury.
(b) Prohibitions
Upon receipt of any certification from the Secretary of State
under subsection (a) of this section, the Secretary of the Treasury
shall immediately take such action as may be necessary and
appropriate to prohibit the importation into the United States -
(1) of all fish and fish products from the fishery involved, if
any; and
(2) upon recommendation of the Secretary of State, such other
fish or fish products, from any fishery of the foreign nation
concerned, which the Secretary of State finds to be appropriate
to carry out the purposes of this section.
(c) Removal of prohibition
If the Secretary of State finds that the reasons for the
imposition of any import prohibition under this section no longer
prevail, the Secretary of State shall notify the Secretary of the
Treasury, who shall promptly remove such import prohibition.
(d) Definitions
As used in this section -
(1) The term "fish" includes any highly migratory species.
(2) The term "fish products" means any article which is
produced from or composed of (in whole or in part) any fish.

-SOURCE-
(Pub. L. 94-265, title II, Sec. 205, Apr. 13, 1976, 90 Stat. 345;
Pub. L. 101-627, title I, Sec. 105(b)(1), Nov. 28, 1990, 104 Stat.
4440.)


-MISC1-
AMENDMENTS
1990 - Subsec. (a)(1). Pub. L. 101-627, Sec. 105(b)(1)(A),
inserted "including fisheries for tuna species," after "authority,"
and struck out "traditional" after "in accordance with".
Subsec. (a)(2). Pub. L. 101-627, Sec. 105(b)(1)(B), substituted
"tuna" for "highly migratory".

EFFECTIVE DATE OF 1990 AMENDMENT
Section 105(b)(2) of Pub. L. 101-627 provided that: "The
amendments made by this subsection [amending this section] shall
take effect on January 1, 1992."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 972c, 973a of this title.

-End-



-CITE-
16 USC Sec. 1826 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 38 - FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER III - FOREIGN FISHING AND INTERNATIONAL FISHERY
AGREEMENTS

-HEAD-
Sec. 1826. Large-scale driftnet fishing

-STATUTE-
(a) Short title
This section incorporates and expands upon provisions of the
Driftnet Impact Monitoring, Assessment, and Control Act of 1987 and
may be cited as the "Driftnet Act Amendments of 1990".
(b) Findings
The Congress finds that -
(1) the continued widespread use of large-scale driftnets
beyond the exclusive economic zone of any nation is a destructive
fishing practice that poses a threat to living marine resources
of the world's oceans, including but not limited to the North and
South Pacific Ocean and the Bering Sea;
(2) the use of large-scale driftnets is expanding into new
regions of the world's oceans, including the Atlantic Ocean and
Caribbean Sea;
(3) there is a pressing need for detailed and reliable
information on the number of seabirds, sea turtles, nontarget
fish, and marine mammals that become entangled and die in
actively fished large-scale driftnets and in large-scale
driftnets that are lost, abandoned, or discarded;
(4) increased efforts, including reliable observer data and
enforcement mechanisms, are needed to monitor, assess, control,
and reduce the adverse impact of large-scale driftnet fishing on
living marine resources;
(5) the nations of the world have agreed in the United Nations,
through General Assembly Resolution Numbered 44-225, approved
December 22, 1989, by the General Assembly, that a moratorium
should be imposed by June 30, 1992, on the use of large-scale
driftnets beyond the exclusive economic zone of any nation;
(6) the nations of the South Pacific have agreed to a
moratorium on the use of large-scale driftnets in the South
Pacific through the Convention for the Prohibition of Fishing
with Long Driftnets in the South Pacific, which was agreed to in
Wellington, New Zealand, on November 29, 1989; and
(7) increasing population pressures and new knowledge of the
importance of living marine resources to the health of the global
ecosystem demand that greater responsibility be exercised by
persons fishing or developing new fisheries beyond the exclusive
economic zone of any nation.
(c) Policy
It is declared to be the policy of the Congress in this section
that the United States should -
(1) implement the moratorium called for by the United Nations
General Assembly in Resolution Numbered 44-225;
(2) support the Tarawa Declaration and the Wellington
Convention for the Prohibition of Fishing with Long Driftnets in
the South Pacific; and
(3) secure a permanent ban on the use of destructive fishing
practices, and in particular large-scale driftnets, by persons or
vessels fishing beyond the exclusive economic zone of any nation.
(d) International agreements
The Secretary, through the Secretary of State and the Secretary
of the department in which the Coast Guard is operating, shall seek
to secure international agreements to implement immediately the
findings, policy, and provisions of this section, and in particular
an international ban on large-scale driftnet fishing. The
Secretary, through the Secretary of State, shall include, in any
agreement which addresses the taking of living marine resources of
the United States, provisions to ensure that -
(1) each large-scale driftnet fishing vessel of a foreign
nation that is party to the agreement, including vessels that may
operate independently to develop new fishing areas, which operate
beyond the exclusive economic zone of any nation, is included in
such agreement;
(2) each large-scale driftnet fishing vessel of a foreign
nation that is party to the agreement, which operates beyond the
exclusive economic zone of any nation, is equipped with satellite
transmitters which provide real-time position information
accessible to the United States;
(3) statistically reliable monitoring by the United States is
carried out, through the use of on-board observers or through
dedicated platforms provided by foreign nations that are parties
to the agreement, of all target and nontarget fish species,
marine mammals, sea turtles, and sea birds entangled or killed by
large-scale driftnets used by fishing vessels of foreign nations
that are parties to the agreement;
(4) officials of the United States have the right to board and
inspect for violations of the agreement any large-scale driftnet
fishing vessels operating under the flag of a foreign nation that
is party to the agreement at any time while such vessel is
operating in designated areas beyond the exclusive economic zone (continued)