16 U.S.C. § 1824 — Permits for foreign fishing

Page 2021 TITLE 16—CONSERVATION § 1824 (2) the Government of the United States and the Government of the Socialist Republic of Romania Concerning Fisheries Off the Coasts of the United States; (3) the Government of the United States and the Government of the Republic of China Concerning Fisheries Off the Coasts of the United States; (4) the Government of the United States and the Government of the German Democratic Republic Concerning Fisheries Off the Coasts of the United States; (5) the Government of the United States and the Government of the Union of Soviet Socialist Repub- lics Concerning Fisheries Off the Coasts of the United States; (6) the Government of the United States and the Government of the Polish People’s Republic Con- cerning Fisheries Off the Coasts of the United States; (7) the Government of the United States and the European Economic Community Concerning Fish- eries Off the Coasts of the United States; (8) the Government of the United States and the Government of Japan Concerning Fisheries Off the Coasts of the United States (for 1977); (9) the Government of the United States and the Government of the Republic of Korea Concerning Fisheries Off the Coasts of the United States; (10) the Government of the United States and the Government of Spain Concerning Fisheries Off the Coasts of the United States; (11) the Government of the United States and the Government of Mexico Concerning Fisheries Off the Coasts of the United States; (12) the Government of the United States and the Government of the Union of Soviet Socialist Repub- lics referred to in par. (5), as extended until July 1, 1983, pursuant to Diplomatic Notes; (13) the American Institute in Taiwan and the Co- ordination Council for North American Affairs; (14) the Government of the United States and the Government of the Polish People’s Republic referred to in par. (6), as extended until July 1, 1983, pursuant to Diplomatic Notes; (15) the Government of the United States and the Government of the Union of Soviet Socialist Repub- lics referred to in par. (5), as extended until Dec. 31, 1985, pursuant to Diplomatic Notes; (16) the Government of the United States and the Government of the Polish People’s Republic referred to in par. (6), as extended until Dec. 31, 1985, pursuant to Diplomatic Notes; and (17) the Government of the United States and the Government of the German Democratic Republic re- ferred to in par. (4); and provided further that the agreements referred to in pars. (1) to (6) were to enter into force and effect with respect to the United States on Feb. 21, 1977, that the agreements referred to in pars. (7) to (11) were to enter into force and effect with respect to the United States on Feb. 27, 1977, that the agreements referred to in pars. (12) to (14) were to enter into force and effect with re- spect to the United States on July 1, 1982, that the agreements referred to in pars. (15) and (16) were to enter into force and effect with respect to the United States on July 1, 1984, and that the agreement referred to in par. (17) was to enter into force and effect with re- spect to the United States on July 1, 1983. RECIPROCAL FISHERIES AGREEMENT BETWEEN UNITED STATES AND CANADA Pub. L. 95–6, § 5, as added Pub. L. 95–73, July 27, 1977, 91 Stat. 283; amended Pub. L. 95–314, July 1, 1978, 92 Stat. 376; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided for congressional approval of the Reciprocal Fisheries Agreement for 1978 between the Government of the United States and the Government of Canada, and that the Agreement was to be in force and effect with respect to the United States from Jan. 1, 1978, until such later date in 1978 as was to be deter- mined pursuant to the terms of the Agreement. § 1824. Permits for foreign fishing (a) In general After February 28, 1977, no foreign fishing ves- sel 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 per- mit 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 inter- national 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). 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 Sec- retary of State and the Secretary of the de- partment in which the Coast Guard is oper- ating, shall prescribe the forms for permit ap- plications submitted under this subsection and for permits issued pursuant to any such appli- cation. (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 infor- mation with respect to characteristics of each such vessel as the Secretary may re- quire; (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 har- vested in each such fishery by each such ves- sel 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 in- clude written certification that the vessel is in compliance with those standards; and shall include any other pertinent informa- tion and material which the Secretary may re- quire. (4) Transmittal for action Upon receipt of any application which com- plies with the requirements of paragraph (3), the Secretary of State shall publish a notice of receipt of the application in the Federal Reg- Page 2022 TITLE 16—CONSERVATION § 1824 ister. 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 Sec- retary 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 ap- plication 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 Coun- cil and may include recommendations with re- spect to approval of the application and, if ap- proval is recommended, with respect to appro- priate conditions and restrictions thereon. Any interested person may submit comments to such Council with respect to any such appli- cation. The Council shall consider any such comments in formulating its submission to the Secretary. (6) Approval (A) After receipt of any application trans- mitted under paragraph (4)(A), the Secretary shall consult with the Secretary of State and, with respect to enforcement, with the Sec- retary of the department in which the Coast Guard is operating. The Secretary, after tak- ing into consideration the views and rec- ommendations of such Secretaries, and any comments submitted by any Council under paragraph (5), may approve, subject to sub- paragraph (B), the application, if he deter- mines that the fishing described in the appli- cation will meet the requirements of this chapter, or he may disapprove all or any por- tion of the application. (B)(i) In the case of any application which specifies that one or more foreign fishing ves- sels propose to receive at sea United States harvested fish from vessels of the United States, the Secretary may approve the appli- cation unless the Secretary determines, on the basis of the views, recommendations, and com- ments 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 ap- plication under this subparagraph, the Sec- retary may take into account, with respect to the foreign nation concerned, such other mat- ters as the Secretary deems appropriate. (7) Establishment of conditions and restric- tions The Secretary shall establish conditions and restrictions which shall be included in each permit issued pursuant to any application ap- proved under paragraph (6) or subsection (d) and which must be complied with by the owner or operator of the fishing vessel for which the permit is issued. Such conditions and restric- tions shall include the following: (A) All of the requirements of any applica- ble fishery management plan, or preliminary fishery management plan, and any applica- ble 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 pur- suant to an application approved under para- graph (6)(B) or subsection (d), the restriction that the foreign fishing vessel may not re- ceive 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 re- lated to fishery conservation and manage- ment which the Secretary prescribes as nec- essary and appropriate. (8) Notice of approval The Secretary shall promptly transmit a copy of each application approved under para- graph (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 appli- cation 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 pur- suant to this section. The Secretary, in con- sultation with the Secretary of State, shall es- tablish a schedule of reasonable fees that shall apply nondiscriminatorily to each foreign na- tion. (B) Amounts collected by the Secretary under this paragraph shall be deposited in the general fund of the Treasury. Page 2023 TITLE 16—CONSERVATION § 1824 (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 ves- sels 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 registra- tion permit for each fishing vessel of a foreign nation which is a party to an international fish- ery agreement under which foreign fishing is au- thorized by section 1821(b) of this title and which wishes to engage in fishing described in subsection (a). Each such permit shall set forth the terms and conditions contained in the agree- ment 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 de- partment 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 Sec- retary of State may establish, require the pay- ment of, and collect fees for registration per- mits; 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 ap- proved 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 de- partment in which the Coast Guard is oper- ating, any appropriate Council, and any af- fected State. (3) Approval of application The Secretary may approve, in consultation with the appropriate Council or Marine Fish- eries Commission, an application for a permit under this section if the Secretary determines that— (A) the transportation of fish or fish prod- ucts to be conducted under the permit, as de- scribed in the application, will be in the in- terest of the United States and will meet the applicable requirements of this chapter; (B) the applicant will comply with the re- quirements described in section 1821(c)(2) of this title with respect to activities author- ized 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 por- tion of an application under paragraph (3). (5) Failure to approve application If the Secretary does not approve any por- tion of an application submitted under para- graph (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), 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, ex- cept 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 concur- rence 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 Pa- cific Insular Area— (A) in the case of American Samoa, Guam, or the Northern Mariana Islands, at the re- quest and with the concurrence of, and in consultation with, the Governor of the Pa- cific Insular Area to which such agreement applies; and Page 2024 TITLE 16—CONSERVATION § 1824 (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 agree- ment currently in effect under this chapter, but shall provide an alternative basis for the conduct of foreign fishing within the exclu- sive economic zone adjacent to Pacific Insu- lar Areas; (B) shall be negotiated and implemented consistent only with the governing inter- national 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 inter- national fishery agreement in effect under this chapter; (D) shall not be entered into if it is deter- mined by the Governor of the applicable Pa- cific Insular Area with respect to agree- ments 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 peo- ple 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 require- ments 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 fish- ing 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), and shall include any conditions and restrictions established by the Secretary in consultation with the Sec- retary of State, the Secretary of the depart- ment 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 para- graph (5), including any conditions and re- strictions established under subparagraph (A), the Secretary of State shall promptly trans- mit such notification to the Secretary. Upon receipt of any payment required under a Pa- cific Insular Area fishing agreement, the Sec- retary shall thereupon issue to such foreign nation, through the Secretary of State, per- mits for the appropriate fishing vessels of that nation. Each permit shall contain a statement of all of the requirements, conditions, and re- strictions 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 de- velop a 3-year marine conservation plan de- tailing 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 conserva- tion and management objectives (including criteria for determining when such objectives have been met), and prioritize planned marine conservation projects. Conservation and man- agement objectives shall include, but not be limited to— (i) Pacific Insular Area observer programs, or other monitoring programs, that the Sec- retary determines are adequate to monitor the harvest, bycatch, and compliance with the laws of the United States by foreign fish- ing vessels that fish under Pacific Insular Area fishing agreements; (ii) conduct of marine and fisheries re- search, including development of systems for information collection, analysis, evaluation, and reporting; (iii) conservation, education, and enforce- ment activities related to marine and coast- al management, such as living marine re- source 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 train- ing in the development and implementation of sustainable marine resources development projects, scientific research, and conserva- tion strategies; and (v) western Pacific community-based dem- onstration 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 Insu- lar Areas. (B) In the case of American Samoa, Guam, and the Northern Mariana Islands, the appro- priate Governor, with the concurrence of the Western Pacific Council, shall develop the ma- rine conservation plan described in subpara- graph (A) and submit such plan to the Sec- retary for approval. In the case of other Pa- cific Insular Areas, the Western Pacific Coun- cil shall develop and submit the marine con- servation 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 ves- sels for access to similar fisheries in waters subject to the fisheries jurisdiction of another nation. Page 2025 TITLE 16—CONSERVATION § 1824 (6) Use of payments by American Samoa, Guam, Northern Mariana Islands Any payments received by the Secretary under a Pacific Insular Area fishery agree- ment for American Samoa, Guam, or the Northern Mariana Islands shall be deposited into the United States Treasury and then cov- ered over to the Treasury of the Pacific Insu- lar Area for which those funds were collected. Amounts deposited in the Treasury of a Pa- cific 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 sub- section; (B) to compensate (i) the Western Pacific Council for mutually agreed upon adminis- trative costs incurred relating to any Pacific Insular Area fishery agreement for such Pa- cific Insular Area, and (ii) the Secretary of State for mutually agreed upon travel ex- penses for no more than 2 Federal represent- atives incurred as a direct result of com- plying with paragraph (1)(A); and (C) to implement a marine conservation plan developed and approved under para- graph (4). (7) Western Pacific Sustainable Fisheries Fund There is established in the United States Treasury a Western Pacific Sustainable Fish- eries Fund into which any payments received by the Secretary under a Pacific Insular Area fishery agreement and any funds or contribu- tions received in support of conservation and management objectives under a marine con- servation plan 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 appro- priation or fiscal year limitation, to the Sec- retary, 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 subpara- graphs (A) and (B) have been satisfied. Amounts deposited in such fund shall not di- minish funding received by the Western Pa- cific 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 Is- lands, amounts received by the Secretary which are attributable to fines or penalties imposed under this chapter, including such sums collected from the forfeiture and disposi- tion 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 Treas- ury of the Pacific Insular Area adjacent to the exclusive economic zone in which the viola- tion occurred, to be used for fisheries enforce- ment and for implementation of a marine con- servation plan under paragraph (4). In the case of violations by foreign vessels occurring with- in the exclusive economic zones off Midway Atoll, Johnston Atoll, Kingman Reef, Palmyra Atoll, Jarvis, Howland, Baker, and Wake Is- lands, amounts received by the Secretary at- tributable to fines and penalties imposed under this chapter, shall be deposited into the Western Pacific Sustainable Fisheries Fund established under paragraph (7) of this sub- section. (Pub. L. 94–265, title II, § 204, Apr. 13, 1976, 90 Stat. 342; Pub. L. 95–354, § 4(5)–(8), Aug. 28, 1978, 92 Stat. 520, 521; Pub. L. 96–470, title I, § 111(b), title II, § 208, Oct. 19, 1980, 94 Stat. 2239, 2245; Pub. L. 96–561, title II, § 232, Dec. 22, 1980, 94 Stat. 3298; Pub. L. 97–453, § 3, Jan. 12, 1983, 96 Stat. 2483; Pub. L. 99–272, title VI, § 6021, Apr. 7, 1986, 100 Stat. 123; Pub. L. 99–659, title I, §§ 101(c)(2), 102, 103(b), Nov. 14, 1986, 100 Stat. 3707, 3709; Pub. L. 101–627, title I, §§ 106, 120(b), Nov. 28, 1990, 104 Stat. 4440, 4459; Pub. L. 102–251, title III, § 301(f), Mar. 9, 1992, 106 Stat. 64; Pub. L. 104–297, title I, § 105(d), Oct. 11, 1996, 110 Stat. 3564; Pub. L. 109–479, § 6, title IV, § 404(b), Jan. 12, 2007, 120 Stat. 3579, 3632.) AMENDMENT OF SUBSECTION (a) Pub. L. 102–251, title III, §§ 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 in- serting ‘‘within the special areas,’’ before ‘‘or for anadromous species’’ and ‘‘or areas’’ after ‘‘such zone’’. Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b)(6)(A), (c), (d)(3)(A), and (e)(2)(A), (C), (7), (8), was in the original ‘‘this Act’’, meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnuson-Stevens Fishery Con- servation and Management Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. Section 112(b) of the Sustainable Fisheries Act, re- ferred 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 dem- onstration projects and is set out as a note under sec- tion 1855 of this title. AMENDMENTS 2007—Subsec. (e)(4)(A)(i). Pub. L. 109–479, § 404(b), amended cl. (i) generally. Prior to amendment, cl. (i) Page 2026 TITLE 16—CONSERVATION § 1824 read as follows: ‘‘establishment of Pacific Insular Area observer programs, approved by the Secretary in con- sultation with the Western Pacific Council, that pro- vide observer coverage for foreign fishing under Pacific Insular Area fishery agreements that is at least equal in effectiveness to the program established by the Sec- retary under section 1821(h) of this title;’’. Subsec. (e)(7). Pub. L. 109–479, § 6(1), inserted ‘‘and any funds or contributions received in support of conserva- tion and management objectives under a marine con- servation plan’’ after ‘‘agreement’’ in introductory pro- visions. Subsec. (e)(8). Pub. L. 109–479, § 6(2), inserted at end ‘‘In the case of violations by foreign vessels occurring within the exclusive economic zones off Midway Atoll, Johnston Atoll, Kingman Reef, Palmyra Atoll, Jarvis, Howland, Baker, and Wake Islands, amounts received by the Secretary attributable to fines and penalties im- posed under this chapter, shall be deposited into the Western Pacific Sustainable Fisheries Fund established under paragraph (7) of this subsection.’’ 1996—Subsec. (b)(7). Pub. L. 104–297, § 105(d)(1), in- serted ‘‘or subsection (d)’’ after ‘‘under paragraph (6)’’ in introductory provisions. Subsec. (b)(7)(A). Pub. L. 104–297, § 105(d)(2), sub- stituted ‘‘any applicable Federal or State fishing regu- lations’’ for ‘‘the regulations promulgated to imple- ment any such plan’’. Subsec. (b)(7)(D). Pub. L. 104–297, § 105(d)(3), inserted ‘‘or subsection (d)’’ after ‘‘under paragraph (6)(B)’’. Subsecs. (d), (e). Pub. L. 104–297, § 105(d)(4), added sub- secs. (d) and (e). 1990—Subsec. (b)(4)(C). Pub. L. 101–627, § 120(b), sub- stituted ‘‘Council’’ for ‘‘council’’. Subsec. (b)(10). Pub. L. 101–627, § 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 Con- gress of performance by nations receiving allocations, factors included and excluded in cost of carrying out this chapter, use of amounts collected in fees, and de- posit into general fund of United States Treasury of a determined amount. Subsec. (b)(12). Pub. L. 101–627, § 106(b), struck out par. (12) which related to sanctions for violation of sec- tion 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, § 101(c)(2), sub- stituted ‘‘exclusive economic zone’’ for ‘‘fishery con- servation zone’’. Subsec. (b)(1). Pub. L. 99–659, § 102(1), inserted provi- sion 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, § 103(b), added subpar. (G). Subsec. (b)(4)(C). Pub. L. 99–659, § 102(2), struck out ‘‘, upon its request’’ before period at end. Subsec. (b)(6)(A). Pub. L. 99–659, § 102(3), inserted ‘‘, or he may disapprove all or any portion of the applica- tion’’. Subsec. (b)(10). Pub. L. 99–272 amended par. (10) gen- erally. 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 per- mit is issued pursuant to this subsection. The Sec- retary, 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 lim- ited to, fishery conservation and management, fisheries research, administration, and enforcement, but exclud- ing costs for observers covered by surcharges under sec- tion 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 conserva- tion zone during the preceding year bears to the aggre- gate quantity of fish harvested by both foreign and do- mestic fishing vessels within such zone and the terri- torial waters of the United States during such pre- ceding year. The amount collected by the Secretary under this paragraph shall be transferred to the fish- eries loan fund established under section 742c of this title for so long as such fund exists and used of the pur- pose of making loans therefrom, but only to the extent and in amounts provided for in advance in appropria- tion Acts.’’ Subsec. (b)(10)(B), (C). Pub. L. 99–659, § 101(c)(2), sub- stituted ‘‘exclusive economic zone’’ for ‘‘fishery con- servation zone’’. Subsec. (b)(12). Pub. L. 99–659, § 102(4), amended par. (12) generally. Prior to amendment, par. (12) read as follows: ‘‘If any foreign fishing vessel for which a per- mit 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 in- volved and on any permit issued under such applica- tion. 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, § 3(1), inserted ‘‘hold’’ before ‘‘capacity’’. Subsec. (b)(4). Pub. L. 97–453, § 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, § 3(3), struck out ‘‘to each appropriate Council and’’ after ‘‘application’’. Subsec. (b)(4)(C). Pub. L. 97–453, § 3(3), substituted ‘‘a copy or a summary of the application to the appro- priate council, upon its request’’ for ‘‘a monthly sum- mary 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, § 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, § 208, sub- stituted ‘‘a monthly summary of foreign fishing appli- cations 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, § 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 Rep- resentatives and the Committees on Commerce and Foreign Relations of the Senate. Subsec. (b)(10). Pub. L. 96–561, § 232(b), substituted provision directing that fees imposed under this para- graph 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, in- cluding, but not limited to, fishery conservation and management, fisheries research, administration, and enforcement, but excluding costs for observers covered Page 2027 TITLE 16—CONSERVATION § 1825 by surcharges under section 1821(i)(4) of this title, dur- ing each fiscal year, the same ratio as the aggregate quantity of fish harvested by foreign fishing vessels within the fishery conservation zone during the pre- ceding year bears to the aggregate quantity of fish har- vested 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 trans- ferred to the fisheries loan fund for provision directing that fees be formulated so as to ensure that receipts re- sulting 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, § 232(a), substituted provision directing that fees be formulated so as to ensure that receipts re- sulting 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, § 4(5), in subpar. (D) substituted provisions relating to esti- mation 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, § 4(6), substituted provi- sions 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 Fed- eral Register. Subsec. (b)(6). Pub. L. 95–354, § 4(7), redesignated exist- ing provisions as subpar. (A) inserted reference to sub- par. (B), and added subpar. (B). Subsec. (b)(7)(D) to (F). Pub. L. 95–354, § 4(8), added subpars. (D) and (E) and redesignated former subpar. (D) as (F). Statutory Notes and Related Subsidiaries 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 Pub. L. 96–561, title II, § 232(a), Dec. 22, 1980, 94 Stat. 3298, provided that the amendment made by that sec- tion is effective with respect to permits issued under subsec. (b) of this section for 1981. Pub. L. 96–561, title II, § 232(b), Dec. 22, 1980, 94 Stat. 3298, provided that the amendment made by that sec- tion 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 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. § 1825. Import prohibitions (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 al- lowing fishing vessels of the United States eq- uitable access to fisheries over which that na- tion asserts exclusive fishery management au- thority, 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 ne- gotiations, or (B) failed to negotiate in good faith; (2) any foreign nation is not allowing fishing vessels of the United States to engage in fish- ing for tuna species in accordance with an ap- plicable 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 inter- national fishery agreement concerning fishing by fishing vessels of the United States in any fishery over which that nation asserts exclu- sive fishery management authority; or (4) any fishing vessel of the United States, while fishing in waters beyond any foreign na- tion’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 inter- national fishery agreement; (B) without authorization under an agree- ment between the United States and such nation; or (C) as a consequence of a claim of jurisdic- tion which is not recognized by the United States; he shall certify such determination to the Sec- retary of the Treasury. (b) Prohibitions Upon receipt of any certification from the Sec- retary of State under subsection (a), the Sec- retary 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 fish- ery 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 appro- priate to carry out the purposes of this sec- tion. (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 Sec- retary of State shall notify the Secretary of the