16 U.S.C. § 1416 — Permits

submitted 29 years ago by Pub. L. 92-522 to r/title-16-CONSERVATION · 649 words · no verdicts yet

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The Secretary issues permits for United States vessels participating in the International Dolphin Conservation Program and may charge administrative-cost fees. The section also requires permits for certain tuna fishing and authorizes sanctions for violations or unpaid penalties.

(a) (1) Consistent with section 1413 regulations, the Secretary must issue a permit to a United States vessel to participate in the International Dolphin Conservation Program and may require one for the person in charge of and controlling its fishing. The Secretary must set procedures, including requiring each vessel’s name, official number or other identification, owner’s name and address, tonnage, hold capacity, speed, processing equipment, gear type and amount, and an inventory of special equipment required under section 1413. (2) The Secretary may charge a fee no higher than the administrative cost of authorization and permitting. Collected fees are available to the Under Secretary of Commerce for Oceans and Atmosphere for those expenses. (3) After the International Dolphin Conservation Program Act takes effect, a United States vessel may not operate in the eastern tropical Pacific yellowfin tuna fishery without a valid permit. (b) (1) If a permitted vessel was used for an act prohibited by section 1417, its owner, operator, or another permit applicant or holder violated section 1417, or a civil penalty or criminal fine imposed on such a vessel or person is unpaid or overdue, the Secretary may revoke, suspend, or deny the permit, or add conditions or restrictions. (2) The Secretary must consider the nature, circumstances, extent, and seriousness of the acts; the violator’s blameworthiness, prior offenses, and other matters justice requires. (3) Selling or otherwise transferring the vessel does not end an effective or pending sanction. Before the transfer, the owner must disclose it in writing to the prospective new owner. (4) A permit suspended for nonpayment must be reinstated when the penalty or fine and interest at the prevailing rate are paid. (5) No sanction may be imposed until there has been an opportunity for a hearing on the facts underlying the violation, in a civil-penalty proceeding or otherwise.

the actual law source: uscode.house.gov ↗public domain

(a) In general

(1)

Consistent with the regulations issued pursuant to section 1413 of this title, the Secretary shall issue a permit to a vessel of the United States authorizing participation in the International Dolphin Conservation Program and may require a permit for the person actually in charge of and controlling the fishing operation of the vessel. The Secretary shall prescribe such procedures as are necessary to carry out this subsection, including requiring the submission of—

(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; and

(B)

the tonnage, hold capacity, speed, processing equipment, and type and quantity of gear, including an inventory of special equipment required under section 1413 of this title, with respect to each vessel.

(2)

The Secretary is authorized to charge a fee for granting an authorization and issuing a permit under this section. The level of fees charged under this paragraph may not exceed the administrative cost incurred in granting an authorization and issuing a permit. Fees collected under this paragraph shall be available to the Under Secretary of Commerce for Oceans and Atmosphere for expenses incurred in granting authorizations and issuing permits under this section.

(3)

After the effective date of the International Dolphin Conservation Program Act, no vessel of the United States shall operate in the yellowfin tuna fishery in the eastern tropical Pacific Ocean without a valid permit issued under this section.

(b) Permit sanctions

(1)

In any case in which—

(A)

a vessel for which a permit has been issued under this section has been used in the commission of an act prohibited under section 1417 of this title;

(B)

the owner or operator of any such vessel or any other person who has applied for or been issued a permit under this section has acted in violation of section 1417 of this title; or

(C)

any civil penalty or criminal fine imposed on a vessel, owner or operator of a vessel, or other person who has applied for or been issued a permit under this section has not been paid or is overdue,

the Secretary may—

(i)

revoke any permit with respect to such vessel, with or without prejudice to the issuance of subsequent permits;

(ii)

suspend such permit for a period of time considered by the Secretary to be appropriate;

(iii)

deny such permit; or

(iv)

impose additional conditions or restrictions on any permit issued to, or applied for by, any such vessel or person under this section.

(2)

In imposing a sanction under this subsection, the Secretary shall take into account—

(A)

the nature, circumstances, extent, and gravity of the prohibited acts for which the sanction is imposed; and

(B)

with respect to the violator, the degree of culpability, any history of prior offenses, and other such matters as justice requires.

(3)

Transfer of ownership of a vessel, by sale or otherwise, shall not extinguish any permit sanction that is in effect or is pending at the time of transfer of ownership. Before executing the transfer of ownership of a vessel, by sale or otherwise, the owner shall disclose in writing to the prospective transferee the existence of any permit sanction that will be in effect or pending with respect to the vessel at the time of transfer.

(4)

In the case of any permit that is suspended for the failure to pay a civil penalty or criminal fine, the Secretary shall reinstate the permit upon payment of the penalty or fine and interest thereon at the prevailing rate.

(5)

No sanctions shall be imposed under this section unless there has been a prior opportunity for a hearing on the facts underlying the violation for which the sanction is imposed, either in conjunction with a civil penalty proceeding under this subchapter or otherwise.

Source credit: (Pub. L. 92–522, title III, § 306, as added Pub. L. 105–42, § 6(c), Aug. 15, 1997, 111 Stat. 1135.)

history & why it existsrecord from the source credit

1997Enacted · Pub. L. 92-522 · 111 Stat. 1135

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-522 on 1997-08-15.

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