Browse Arkansas Code titles and sections
16 U.S.C. § 5503 — Permitting
Federal law — U.S. Code and appendices · legal_authorities
**(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) Th
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5503
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: be79a82db030acaf046f730ff017312d0caa8ad52b70587ae5b91341cce11f76. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_48f53737cd8c3693407257e8
Source file: Laws/federal/codes/united-states-code/title-16/section-5503-permitting--4c138df452.md
Pages: Not recorded – Not recorded
Passage SHA-256: 1d52459c54d8d695f9e2de5382d9cb11e0521c5543fea734d696a0cb6bc6c055
Source location: Title 16, Chapter 75, § 5503; chapter-075-high-seas-fishing-compliance.md
Stored source content
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1855&num=0&edition=prelim); 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) Validity** A permit issued under this section for a vessel is void if—
(1) any other permit or authorization required for the vessel to fish is expired, revoked, or suspended; or
(2) the vessel is no longer documented under the laws of the United States or eligible for such documentation.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Gear evaluation and notification of entry**
(1) Not later than 18 months after October 11, 1996, the Secretary shall publish in the Federal Register, after notice and an opportunity for public comment, a list of all fisheries—
(A) under the authority of each Council and all fishing gear used in such fisheries, based on information submitted by the Councils under [section 1853(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1853/a&num=0&edition=prelim); and
(B) to which [section 1852(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1852/a/3&num=0&edition=prelim) applies and all fishing gear used in such fisheries.
(2) The Secretary shall include with such list guidelines for determining when fishing gear or a fishery is sufficiently different from those listed as to require notification under paragraph (3).
(3) Effective 180 days after the publication of such list, no person or vessel may employ fishing gear or engage in a fishery not included on such list without giving 90 days advance written notice to the appropriate Council, or the Secretary with respect to a fishery to which [section 1852(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1852/a/3&num=0&edition=prelim) applies. A signed return receipt shall serve as adequate evidence of such notice and as the date upon which the 90-day period begins.
(4) A Council may submit to the Secretary any proposed changes to such list or such guidelines the Council deems appropriate. The Secretary shall publish a revised list, after notice and an opportunity for public comment, upon receiving any such proposed changes from a Council.
(5) A Council may request the Secretar
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1855
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
It is the purpose of this chapter—
(1) to implement the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted by the Conference of the Food and Agriculture Organization of the United Nations on November 24, 1993; and
(2) to establish a system of permitting, reporting, and regulation for vessels of the United States fishing on the high seas.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5501
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Record** The Secretary shall maintain an automated file or record of high seas fishing vessels issued permits under [section 5503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5503&num=0&edition=prelim), including all information submitted under [section 5503(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5503/c/2&num=0&edition=prelim).
**(b) Information to FAO** The Secretary, in cooperation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, shall—
(1) make available to FAO information contained in the record maintained under subsection (a);
(2) promptly notify FAO of changes in such information;
(3) promptly notify FAO of additions to or deletions from the record, and the reason for any deletion;
(4) convey to FAO information relating to any permit granted under [section 5503(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5503/b/3&num=0&edition=prelim), including the vessel’s identity, owner or operator, and factors relevant to the Secretary’s determination to issue the permit;
(5) report promptly to FAO all relevant information regarding any activities of high seas fishing vessels that undermine the effectiveness of international conservation and management measures, including the identity of the vessels and any sanctions imposed; and
(6) provide the FAO a summary of evidence regarding any activities of foreign vessels that undermine the effectiveness of international conservation and management measures.
**(c) Information to flag nations** If the Secretary, in cooperation with the Secretary of State and the Secretary of the department in which the Coast Guard
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5504
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
It is unlawful for any person subject to the jurisdiction of the United States—
(1) to use a high seas fishing vessel on the high seas in contravention of international conservation and management measures described in [section 5504(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5504/e&num=0&edition=prelim);
(2) to use a high seas fishing vessel on the high seas, unless the vessel has on board a valid permit issued under [section 5503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5503&num=0&edition=prelim);
(3) to use a high seas fishing vessel in violation of the conditions or restrictions of a permit issued under [section 5503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5503&num=0&edition=prelim);
(4) to falsify any information required to be reported, communicated, or recorded pursuant to this chapter or any regulation issued under this chapter, or to fail to submit in a timely fashion any required information, or to fail to report to the Secretary immediately any change in circumstances that has the effect of rendering any such information false, incomplete, or misleading;
(5) to refuse to permit an authorized officer to board a high seas fishing vessel subject to such person’s control for purposes of conducting any search or inspection in connection with the enforcement of this chapter or any regulation issued under this chapter;
(6) to forcibly assault, resist, oppose, impede, intimidate, or interfere with an authorized officer in the conduct of any search or inspection described in paragraph (5);
(7) to resist a lawful arrest or detention for any act prohibited by this section;
(8) to interfere with, delay, or prevent,
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5505
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil penalties**
(1) Any person who is found by the Secretary, after notice and opportunity for a hearing in accordance with [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim), to have committed an act prohibited by [section 5505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5505&num=0&edition=prelim) shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $100,000 for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of such civil penalty shall be assessed by the Secretary by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violation, the degree of culpability, any history of prior offenses, and such other matters as justice may require.
(2) The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty that is subject to imposition or that has been imposed under this section.
**(b) Permit sanctions**
(1) In any case in which—
(A) a vessel of the United States has been used in the commission of an act prohibited under [section 5505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5505&num=0&edition=prelim);
(B) the owner or operator of a vessel or any other person who has been issued or has applied for a permit under [section 5503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5503&num=0&edition=prelim) has acted in violation of [section 5505 of this title](https://uscode
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5507
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 2546
TITLE 16—CONSERVATION
§ 5503
§ 5503. Permitting
(a) In general
No high seas fishing vessel shall engage in har-
vesting 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 au-
thorization because the vessel undermined the
effectiveness of international conservation
and management measures, and the suspen-
sion has not expired; or
(B) the foreign nation, within the last three
years preceding application for a permit under
this section, withdrew such authorization be-
cause the vessel undermined the effectiveness
of international conservation and manage-
ment 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 suffi-
cient evidence to the Secretary demonstrating
that the previous owner or operator has no fur-
ther 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 pur-
poses 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
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 5503
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.