16 U.S.C. § 5503 — Permitting
submitted 31 years ago by Pub. L. 104-43 to r/title-16-CONSERVATION · 645 words · no verdicts yet
A United States or United States-jurisdiction vessel may not harvest on the high seas without a valid permit. The section sets eligibility exceptions, application information, permit conditions and fees, confidentiality rules, and the events that void a permit.
(a) Permit required. A high-seas fishing vessel may not conduct harvesting operations on the high seas* unless it carries a valid permit issued under this section.
(b) Eligibility. (1) Any United States vessel may receive a permit unless a foreign nation previously authorized it to fish on the high seas and either suspended that authorization for undermining international conservation measures and the suspension remains active, or withdrew it for that reason within the three years before the application.
(2) That restriction does not apply if ownership changed after the conduct and the new owner gives the Secretary* enough evidence that the former owner or operator has no legal, beneficial, financial, or controlling interest.
(3) It also does not apply if the Secretary decides issuing the permit would not defeat the Agreement's purposes.
(4) The Secretary may not issue a permit unless satisfied that the United States can effectively perform its Agreement* responsibilities for the vessel.
(c) Application. (1) The owner or operator may apply using the Secretary's form. (2) The form must state the vessel's name and known former names, official numbers, home port of record, former flags, International Radio Call Sign if any, owners' and operators' names and addresses, where and when it was built, type, length*, and any other information needed to implement the Agreement.
(d) Conditions. The Secretary must set needed and appropriate permit conditions and limits, including: (1) marking the vessel under FAO* standard specifications or regulations under section 1855; and (2) requiring information reports, including fishing areas and catch statistics. The Secretary must regulate when information under paragraph (2) may be released.
(e) Fees. (1) Regulations must set permit fees, which may not exceed the administrative cost of issuing permits. This fee may be in addition to a regional permitting fee. (2) Fees go to NOAA's Operations, Research and Facilities account, remain available until spent, and may pay NOAA's necessary costs of implementing this chapter.
(f) Validity. A permit becomes void if (1) another permit or authorization needed for fishing expires, is revoked, or is suspended, or (2) the vessel is no longer documented under United States law or eligible for that documentation.
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.
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
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
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.
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.
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*.
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.
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.
The application form shall contain—
the vessel’s name, previous names (if known), official numbers, and port of record;
the vessel’s previous flags (if any);
the vessel’s International Radio Call Sign (if any);
the names and addresses of the vessel’s owners and operators;
where and when the vessel was built;
the type of vessel;
the vessel’s length*; and
any other information the Secretary requires for the purposes of implementing the Agreement.
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:
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
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.
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.
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.
A permit issued under this section for a vessel is void if—
any other permit or authorization required for the vessel to fish is expired, revoked, or suspended; or
the vessel is no longer documented under the laws of the United States or eligible for such documentation.
Source credit: (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.)
- 1995Enacted · Pub. L. 104-43 · 109 Stat. 369
- 1996Amended · Pub. L. 104-208 · 110 Stat. 3009, 3009
- 2015Amended · Pub. L. 114-81 · 129 Stat. 658
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-43 on 1995-11-03.
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