
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC1416]

 
                         TITLE 16--CONSERVATION
 
                  CHAPTER 31--MARINE MAMMAL PROTECTION
 
        SUBCHAPTER IV--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM
 
Sec. 1416. Permits


(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.

(Pub. L. 92-522, title III, Sec. 306, as added Pub. L. 105-42, 
Sec. 6(c), Aug. 15, 1997, 111 Stat. 1135.)

                       References in Text

    For effective date of the International Dolphin Conservation Program 
Act [Pub. L. 105-42], referred to in subsec. (a)(3), see section 8 of 
Pub. L. 105-42, set out as an Effective Date of 1997 Amendment note 
under section 1362 of this title.


                            Prior Provisions

    A prior section 1416, Pub. L. 92-522, title III, Sec. 306, as added 
Pub. L. 102-523, Sec. 2(a), Oct. 26, 1992, 106 Stat. 3430, related to 
permits for taking dolphins, prior to repeal by Pub. L. 105-42, 
Sec. 6(c), Aug. 15, 1997, 111 Stat. 1130.
    A prior section 306 of Pub. L. 92-522 was renumbered section 406 and 
is classified to section 1421e of this title.


                             Effective Date

    For effective date of section, see section 8 of Pub. L. 105-42, set 
out as an Effective Date of 1997 Amendment note under section 1362 of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 973g, 1374 of this title.
