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

(a) In general. After February 28, 1977, a foreign fishing^* vessel may not fish^* in the exclusive economic zone^*, or fish for anadromous species^* or Continental Shelf fishery resources^* beyond that zone, unless it carries a valid permit issued under this section for that vessel. (b) Applications and permits under governing international fishery^* agreements. (1) Each foreign nation with a governing international fishery agreement^* with the United States must annually apply to the Secretary^* of State^* for a permit for each vessel that wants to fish under subsection (a). A permit may last no more than 1 year, and 5 U.S.C. 558(c) does not apply to its renewal. (2) The Secretary, consulting the Secretary of State and the Secretary of the department where the Coast Guard operates, prescribes application and permit forms. (3) Each application must identify each vessel by name and official number or other identification and give its owner's name and address; vessel tonnage, hold capacity, speed, processing equipment, gear type and quantity, and other required characteristics; each desired fishery; estimated catch in each fishery during the permit; any United States-harvested fish the vessel proposes to receive at sea; the ocean area and season or period; applicable foreign safety standards with written certification of compliance; and any other required information and material. (4) After receiving a compliant application, the Secretary of State must publish a Federal Register notice summarizing the paragraph (3) information, send the application and comments to the Secretary, and send a copy to the Coast Guard department and a copy or summary to the appropriate Council^*. (5) A Council may send written comments and recommendations within 45 days, including proposed conditions. Interested people may comment to the Council, which must consider those comments. (6)(A) After consulting the Secretary of State and, for enforcement, the Coast Guard department, and considering their views and Council comments, the Secretary may approve an application if the fishing^* meets this chapter or disapprove all or part. (B)(i) If vessels propose to receive United States-harvested fish at sea, the Secretary may approve unless United States processors have adequate capacity and will use it to process all such fish from the fishery. (ii) At-sea receipt may not exceed the portion of the fishery's optimum yield that United States processors will not use. (iii) The Secretary may consider other matters about the foreign nation. (7) Every permit under paragraph (6) or subsection (d) must contain conditions for the owner or operator: all applicable management plans and Federal or State fishing rules; use only by the named vessel; the requirements in section 1821(c)(1)-(3); no at-sea receipt of United States fish from United States vessels unless approved under paragraph (6)(B) or subsection (d); the maximum approved amount when paragraph (6)(B) applies; and any other necessary and appropriate conservation or management condition. (8) The Secretary promptly sends each approved application and conditions to the Secretary of State for the foreign nation, the Coast Guard department, and each Council with authority over the fishery. (9) If the Secretary disapproves an application, the Secretary promptly tells the Secretary of State and gives reasons; the Secretary of State tells the nation, which may submit a revised application. (10) Owners or operators pay fees. The Secretary, consulting the Secretary of State, sets reasonable nondiscriminatory fees for each nation, and deposits the money in the Treasury's general fund. (11) After the nation accepts the conditions and the applicable fees are paid, the Secretary of State sends the acceptance to the Secretary, who issues permits through the Secretary of State. Each permit states its applicable conditions. (c) Registration permits. The Secretary of State, cooperating with the Secretary, annually issues a registration permit for each vessel of a nation that is party to an international fishery agreement authorizing fishing under section 1821(b) and wants to fish under subsection (a). The permit states the agreement's applicable terms and conditions and requires the owner or operator to display it prominently in the wheelhouse and show it on request to an officer authorized to enforce this chapter under section 1861. After consulting the Secretary and the Coast Guard department, the Secretary of State prescribes application and permit forms and procedures. The Secretary of State may set and collect fees, but fees may not exceed the administrative cost of issuing permits. (d) Transshipment permits. (1) The Secretary may issue a permit allowing a non-United States vessel to do only at-sea transportation of fish or fish products from inside the exclusive economic zone—or, with a State's agreement, inside that State's boundaries—to outside the United States. The applicant must have an application approved under paragraph (3) and pay the paragraph (7) fee. (2) The Secretary promptly sends the application to the Secretary of State, Coast Guard department, appropriate Council, and affected State. (3) After consulting the appropriate Council or Marine Fisheries Commission^*, the Secretary may approve if the transportation is in the United States' interest and meets this chapter; the applicant will meet section 1821(c)(2); required bonds or financial assurances are established; and no United States vessel with adequate capacity has indicated interest in doing the work at fair and reasonable rates. (4) All or part of the application may be approved. (5) If any part is rejected, the Secretary promptly tells the applicant why. (6) Each permit must contain conditions, including subsection (b)(7)'s conditions, that the owner and operator must follow. (7) The Secretary collects enough to recover United States permit costs, but waives the fee if the vessel's foreign nation does not charge United States vessels for similar activities in its waters. (e) Pacific Insular Areas. (1) The Secretary of State, with the Secretary's concurrence and Council consultation, may negotiate a Pacific Insular Area^* fishery agreement authorizing foreign fishing in the adjacent exclusive economic zone. For American Samoa, Guam, and the Northern Mariana Islands, the request, concurrence, and consultation must come from the relevant Governor. For another area, the request comes from the Western Pacific Council. (2) The agreement does not replace a current governing international agreement but provides another basis for fishing; it must follow only the specifically applicable agreement provisions; cannot be negotiated with a nation violating a governing agreement; cannot be entered if the relevant Governor or Western Pacific Council finds it would harm indigenous people's fishing; lasts no more than 3 years and becomes effective only under section 1823; and must require the nation and vessels to meet section 1821(c)(1), (2), (3), and (4)(A), section 1821(d), and section 1821(h). (3)(A) Applications for fishing under the agreement follow subsection (b)(3), (4), (5), (6), (7)(A)-(B), (8), and (9), plus conditions set by the Secretary after consulting the Secretary of State, Coast Guard department, relevant Governor, and Council. (B) After the nation accepts those requirements and paragraph (5), and after any required payment, permits issue through the Secretary of State and list all applicable requirements and conditions. (4)(A) Before entering an agreement, the Western Pacific Council and appropriate Governor must prepare a 3-year conservation plan for agreement funds. It must be consistent with applicable management plans, state objectives and success criteria, and prioritize projects. Objectives include adequate observer^* or monitoring programs for catch, bycatch^*, and legal compliance; marine and fishery research and information systems; conservation, education, enforcement, resource assessment, habitat monitoring, and coastal studies; University of Hawaii Pacific Island Network technical-assistance grants for sustainable resource projects, research, and conservation; and western Pacific community projects under section 112(b) of the Sustainable Fisheries Act and other coastal improvements supporting management, conservation, and economic enhancement. (B) For American Samoa, Guam, and the Northern Mariana Islands, the Governor, with Council concurrence, develops and submits the plan to the Secretary. For other areas, the Council develops and submits it. (C) If renewal will be requested, the next plan must be submitted by the end of the second year of the current plan. (5) Unless this subsection expressly says otherwise, an agreement may include terms similar to those imposed on United States vessels seeking similar fisheries in another nation's waters. (6) Payments for American Samoa, Guam, or the Northern Mariana Islands go into the United States Treasury and then to the relevant area's Treasury. Without appropriation or fiscal-year limits, the Governor may use them for this subsection, agreed administrative costs of the Western Pacific Council, agreed travel costs for no more than two Federal representatives directly resulting from paragraph (1)(A), and an approved conservation plan. (7) A Western Pacific Sustainable Fisheries Fund is created in the United States Treasury for payments and supported funds for other Pacific Insular Areas. Without appropriation or fiscal-year limits, the Secretary may give it only to the Western Pacific Council for this subsection and an approved plan, the Secretary of State for agreed travel costs of no more than two Federal representatives directly resulting from paragraph (1)(B), and the Council for Hawaii conservation and management objectives after the first two needs are met. It may not reduce the Council's funding for other chapter duties. (8) Fines and penalties from violations in the zones off American Samoa, Guam, or the Northern Mariana Islands, including proceeds from seized property, after direct enforcement costs are paid, go to the adjacent area's Treasury for fisheries enforcement and the plan. Fines and penalties from foreign-vessel violations in the zones off Midway Atoll, Johnston Atoll, Kingman Reef, Palmyra Atoll, Jarvis, Howland, Baker, and Wake Islands go into the Western Pacific Sustainable Fisheries Fund.