16 U.S.C. § 5503 — Permitting

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 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 re- quires 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 infor- mation as the Secretary by regulation re- quires, including area of fishing operations and catch statistics. The Secretary shall pro- mulgate 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 in- curred 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, Re- search and Facilities account of the National Oceanic and Atmospheric Administration. Fees collected under this subsection shall be avail- able for the necessary expenses of the National Oceanic and Atmospheric Administration in im- plementing this chapter, and shall remain avail- able until expended. (f) Validity A permit issued under this section for a vessel is void if— (1) any other permit or authorization re- quired for the vessel to fish is expired, re- voked, or suspended; or (2) the vessel is no longer documented under the laws of the United States or eligible for such documentation. (Pub. L. 104–43, title I, § 104, Nov. 3, 1995, 109 Stat. 369; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41; Pub. L. 114–81, title I, § 108, Nov. 5, 2015, 129 Stat. 658.) Editorial Notes 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 2015—Subsec. (f). Pub. L. 114–81 amended subsec. (f) generally. Prior to amendment, text read as follows: ‘‘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 docu- mentation, such documentation is revoked or denied, or the vessel is deleted from such documentation.’’ 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996. Page 2547 TITLE 16—CONSERVATION § 5505 EFFECTIVE DATE Section effective 120 days after Nov. 3, 1995, see sec- tion 111 of Pub. L. 104–43, set out as a note under sec- tion 5501 of this title. § 5504. Responsibilities of Secretary (a) Record The Secretary shall maintain an automated file or record of high seas fishing vessels issued permits under section 5503 of this title, includ- ing all information submitted under section 5503(c)(2) of this title. (b) Information to FAO The Secretary, in cooperation with the Sec- retary of State and the Secretary of the depart- ment in which the Coast Guard is operating, shall— (1) make available to FAO information con- tained in the record maintained under sub- section (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, 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 in- formation regarding any activities of high seas fishing vessels that undermine the effec- tiveness 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 Sec- retary of State and the Secretary of the depart- ment in which the Coast Guard is operating, has reasonable grounds to believe that a foreign ves- sel has engaged in activities undermining the ef- fectiveness of international conservation and management measures, the Secretary shall— (1) provide to the flag nation information, including appropriate evidentiary material, relating to those activities; and (2) when such foreign vessel is voluntarily in a United States port, promptly notify the flag nation and, if requested by the flag nation, make arrangements to undertake such lawful investigatory measures as may be considered necessary to establish whether the vessel has been used contrary to the provisions of the Agreement. (d) Regulations The Secretary, after consultation with the Secretary of State and the Secretary of the de- partment in which the Coast Guard is operating, may promulgate such regulations, in accordance with section 553 of title 5, as may be necessary to carry out the purposes of the Agreement and this chapter. The Secretary shall coordinate such regulations with any other entities regu- lating high seas fishing vessels, in order to mini- mize duplication of permit application and re- porting requirements. To the extent practicable, such regulations shall also be consistent with regulations implementing fishery management plans under the Magnuson-Stevens Fishery Con- servation and Management Act (16 U.S.C. 1801 et seq.). (e) Notice of international conservation and management measures The Secretary, in consultation with the Sec- retary of State, shall publish in the Federal Register, from time to time, a notice listing international conservation and management measures recognized by the United States. (Pub. L. 104–43, title I, § 105, Nov. 3, 1995, 109 Stat. 370; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.) Editorial Notes REFERENCES IN TEXT The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (d), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. AMENDMENTS 1996—Subsec. (d). Pub. L. 104–208 substituted ‘‘Magnu- son-Stevens Fishery’’ for ‘‘Magnuson Fishery’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996. EFFECTIVE DATE Section effective 120 days after Nov. 3, 1995, see sec- tion 111 of Pub. L. 104–43, set out as a note under sec- tion 5501 of this title. 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 5505. Unlawful activities It is unlawful for any person subject to the ju- risdiction of the United States— (1) to use a high seas fishing vessel on the high seas in contravention of international conservation and management measures de- scribed in section 5504(e) of this title; (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; (3) to use a high seas fishing vessel in viola- tion of the conditions or restrictions of a per- mit issued under section 5503 of this title;