
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: 16USC1824]

 
                         TITLE 16--CONSERVATION
 
             CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
 
  SUBCHAPTER III--FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS
 
Sec. 1824. Permits for foreign fishing


(a) In general

    After February 28, 1977, no foreign fishing vessel 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 permit 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 international 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) of this section. 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 Secretary of State and 
    the Secretary of the department in which the Coast Guard is 
    operating, shall prescribe the forms for permit applications 
    submitted under this subsection and for permits issued pursuant to 
    any such application.

                            (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 
        information with respect to characteristics of each such vessel 
        as the Secretary may require;
            (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 harvested in each such fishery by each such 
        vessel 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 include written certification that 
        the vessel is in compliance with those standards;

    and shall include any other pertinent information and material which 
    the Secretary may require.

                     (4) Transmittal for action

        Upon receipt of any application which complies with the 
    requirements of paragraph (3), the Secretary of State shall publish 
    a notice of receipt of the application in the Federal Register. 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 Secretary 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 application 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 Council and may 
    include recommendations with respect to approval of the application 
    and, if approval is recommended, with respect to appropriate 
    conditions and restrictions thereon. Any interested person may 
    submit comments to such Council with respect to any such 
    application. The Council shall consider any such comments in 
    formulating its submission to the Secretary.

                            (6) Approval

        (A) After receipt of any application transmitted under paragraph 
    (4)(A), the Secretary shall consult with the Secretary of State and, 
    with respect to enforcement, with the Secretary of the department in 
    which the Coast Guard is operating. The Secretary, after taking into 
    consideration the views and recommendations of such Secretaries, and 
    any comments submitted by any Council under paragraph (5), may 
    approve, subject to subparagraph (B), the application, if he 
    determines that the fishing described in the application will meet 
    the requirements of this chapter, or he may disapprove all or any 
    portion of the application.
        (B)(i) In the case of any application which specifies that one 
    or more foreign fishing vessels propose to receive at sea United 
    States harvested fish from vessels of the United States, the 
    Secretary may approve the application unless the Secretary 
    determines, on the basis of the views, recommendations, and comments 
    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 application under this 
    subparagraph, the Secretary may take into account, with respect to 
    the foreign nation concerned, such other matters as the Secretary 
    deems appropriate.

          (7) Establishment of conditions and restrictions

        The Secretary shall establish conditions and restrictions which 
    shall be included in each permit issued pursuant to any application 
    approved under paragraph (6) or subsection (d) of this section and 
    which must be complied with by the owner or operator of the fishing 
    vessel for which the permit is issued. Such conditions and 
    restrictions shall include the following:
            (A) All of the requirements of any applicable fishery 
        management plan, or preliminary fishery management plan, and any 
        applicable 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 pursuant to an 
        application approved under paragraph (6)(B) or subsection (d) of 
        this section, the restriction that the foreign fishing vessel 
        may not receive 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 related to fishery 
        conservation and management which the Secretary prescribes as 
        necessary and appropriate.

                       (8) Notice of approval

        The Secretary shall promptly transmit a copy of each application 
    approved under paragraph (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 application 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 
    pursuant to this section. The Secretary, in consultation with the 
    Secretary of State, shall establish a schedule of reasonable fees 
    that shall apply nondiscriminatorily to each foreign nation.
        (B) Amounts collected by the Secretary under this paragraph 
    shall be deposited in the general fund of the Treasury.

                      (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 vessels 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 registration permit for each fishing vessel of a 
foreign nation which is a party to an international fishery agreement 
under which foreign fishing is authorized by section 1821(b) of this 
title and which wishes to engage in fishing described in subsection (a) 
of this section. Each such permit shall set forth the terms and 
conditions contained in the agreement 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 department 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 
Secretary of State may establish, require the payment of, and collect 
fees for registration permits; 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 approved 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 department 
    in which the Coast Guard is operating, any appropriate Council, and 
    any affected State.

                     (3) Approval of application

        The Secretary may approve, in consultation with the appropriate 
    Council or Marine Fisheries Commission, an application for a permit 
    under this section if the Secretary determines that--
            (A) the transportation of fish or fish products to be 
        conducted under the permit, as described in the application, 
        will be in the interest of the United States and will meet the 
        applicable requirements of this chapter;
            (B) the applicant will comply with the requirements 
        described in section 1821(c)(2) of this title with respect to 
        activities authorized 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 portion of an application 
    under paragraph (3).

                 (5) Failure to approve application

        If the Secretary does not approve any portion of an application 
    submitted under paragraph (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) of this 
    section, 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, except 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 concurrence 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 
    Pacific Insular Area--
            (A) in the case of American Samoa, Guam, or the Northern 
        Mariana Islands, at the request and with the concurrence of, and 
        in consultation with, the Governor of the Pacific Insular Area 
        to which such agreement applies; and
            (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 agreement currently in effect under this 
        chapter, but shall provide an alternative basis for the conduct 
        of foreign fishing within the exclusive economic zone adjacent 
        to Pacific Insular Areas;
            (B) shall be negotiated and implemented consistent only with 
        the governing international 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 international fishery agreement in effect under 
        this chapter;
            (D) shall not be entered into if it is determined by the 
        Governor of the applicable Pacific Insular Area with respect to 
        agreements 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 people 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 requirements 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 fishing 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) of this 
    section, and shall include any conditions and restrictions 
    established by the Secretary in consultation with the Secretary of 
    State, the Secretary of the department 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 paragraph (5), including any conditions and restrictions 
    established under subparagraph (A), the Secretary of State shall 
    promptly transmit such notification to the Secretary. Upon receipt 
    of any payment required under a Pacific Insular Area fishing 
    agreement, the Secretary shall thereupon issue to such foreign 
    nation, through the Secretary of State, permits for the appropriate 
    fishing vessels of that nation. Each permit shall contain a 
    statement of all of the requirements, conditions, and restrictions 
    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 develop a 3-year marine conservation plan detailing 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 conservation and management objectives (including 
    criteria for determining when such objectives have been met), and 
    prioritize planned marine conservation projects. Conservation and 
    management objectives shall include, but not be limited to--
            (i) establishment of Pacific Insular Area observer programs, 
        approved by the Secretary in consultation with the Western 
        Pacific Council, that provide observer coverage for foreign 
        fishing under Pacific Insular Area fishery agreements that is at 
        least equal in effectiveness to the program established by the 
        Secretary under section 1821(h) of this title;
            (ii) conduct of marine and fisheries research, including 
        development of systems for information collection, analysis, 
        evaluation, and reporting;
            (iii) conservation, education, and enforcement activities 
        related to marine and coastal management, such as living marine 
        resource 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 training in the development and implementation of 
        sustainable marine resources development projects, scientific 
        research, and conservation strategies; and
            (v) western Pacific community-based demonstration 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 Insular Areas.

        (B) In the case of American Samoa, Guam, and the Northern 
    Mariana Islands, the appropriate Governor, with the concurrence of 
    the Western Pacific Council, shall develop the marine conservation 
    plan described in subparagraph (A) and submit such plan to the 
    Secretary for approval. In the case of other Pacific Insular Areas, 
    the Western Pacific Council shall develop and submit the marine 
    conservation 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 vessels for access to 
    similar fisheries in waters subject to the fisheries jurisdiction of 
    another nation.

       (6) Use of payments by American Samoa, Guam, Northern 
                               Mariana Islands

        Any payments received by the Secretary under a Pacific Insular 
    Area fishery agreement for American Samoa, Guam, or the Northern 
    Mariana Islands shall be deposited into the United States Treasury 
    and then covered over to the Treasury of the Pacific Insular Area 
    for which those funds were collected. Amounts deposited in the 
    Treasury of a Pacific 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 subsection;
            (B) to compensate (i) the Western Pacific Council for 
        mutually agreed upon administrative costs incurred relating to 
        any Pacific Insular Area fishery agreement for such Pacific 
        Insular Area, and (ii) 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)(A); and
            (C) to implement a marine conservation plan developed and 
        approved under paragraph (4).

           (7) Western Pacific Sustainable Fisheries Fund

        There is established in the United States Treasury a Western 
    Pacific Sustainable Fisheries Fund into which any payments received 
    by the Secretary under a Pacific Insular Area fishery agreement 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 
    appropriation or fiscal year limitation, to the Secretary, 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 subparagraphs (A) and (B) have been satisfied.

    Amounts deposited in such fund shall not diminish funding received 
    by the Western Pacific 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 
    Islands, amounts received by the Secretary which are attributable to 
    fines or penalties imposed under this chapter, including such sums 
    collected from the forfeiture and disposition 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 Treasury of the Pacific Insular Area 
    adjacent to the exclusive economic zone in which the violation 
    occurred, to be used for fisheries enforcement and for 
    implementation of a marine conservation plan under paragraph (4).

(Pub. L. 94-265, title II, Sec. 204, Apr. 13, 1976, 90 Stat. 342; Pub. 
L. 95-354, Sec. 4(5)-(8), Aug. 28, 1978, 92 Stat. 520, 521; Pub. L. 96-
470, title I, Sec. 111(b), title II, Sec. 208, Oct. 19, 1980, 94 Stat. 
2239, 2245; Pub. L. 96-561, title II, Sec. 232, Dec. 22, 1980, 94 Stat. 
3298; Pub. L. 97-453, Sec. 3, Jan. 12, 1983, 96 Stat. 2483; Pub. L. 99-
272, title VI, Sec. 6021, Apr. 7, 1986, 100 Stat. 123; Pub. L. 99-659, 
title I, Secs. 101(c)(2), 102, 103(b), Nov. 14, 1986, 100 Stat. 3707, 
3709; Pub. L. 101-627, title I, Secs. 106, 120(b), Nov. 28, 1990, 104 
Stat. 4440, 4459; Pub. L. 102-251, title III, Sec. 301(f), Mar. 9, 1992, 
106 Stat. 64; Pub. L. 104-297, title I, Sec. 105(d), Oct. 11, 1996, 110 
Stat. 3564.)

                       Amendment of Subsection (a)

        Pub. L. 102-251, title III, Secs. 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 inserting ``within the special areas,'' before ``or for 
    anadromous species'' and ``or areas'' after ``such zone''.

                       References in Text

    Section 112(b) of the Sustainable Fisheries Act, referred 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 demonstration projects and is set out as a note under section 
1855 of this title.


                               Amendments

    1996--Subsec. (b)(7). Pub. L. 104-297, Sec. 105(d)(1), inserted ``or 
subsection (d) of this section'' after ``under paragraph (6)'' in 
introductory provisions.
    Subsec. (b)(7)(A). Pub. L. 104-297, Sec. 105(d)(2), substituted 
``any applicable Federal or State fishing regulations'' for ``the 
regulations promulgated to implement any such plan''.
    Subsec. (b)(7)(D). Pub. L. 104-297, Sec. 105(d)(3), inserted ``or 
subsection (d) of this section'' after ``under paragraph (6)(B)''.
    Subsecs. (d), (e). Pub. L. 104-297, Sec. 105(d)(4), added subsecs. 
(d) and (e).
    1990--Subsec. (b)(4)(C). Pub. L. 101-627, Sec. 120(b), substituted 
``Council'' for ``council''.
    Subsec. (b)(10). Pub. L. 101-627, Sec. 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 Congress of performance by nations receiving allocations, factors 
included and excluded in cost of carrying out this chapter, use of 
amounts collected in fees, and deposit into general fund of United 
States Treasury of a determined amount.
    Subsec. (b)(12). Pub. L. 101-627, Sec. 106(b), struck out par. (12) 
which related to sanctions for violation of section 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, Sec. 101(c)(2), substituted 
``exclusive economic zone'' for ``fishery conservation zone''.
    Subsec. (b)(1). Pub. L. 99-659, Sec. 102(1), inserted provision 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, Sec. 103(b), added subpar. (G).
    Subsec. (b)(4)(C). Pub. L. 99-659, Sec. 102(2), struck out ``, upon 
its request'' before period at end.
    Subsec. (b)(6)(A). Pub. L. 99-659, Sec. 102(3), inserted ``, or he 
may disapprove all or any portion of the application''.
    Subsec. (b)(10). Pub. L. 99-272 amended par. (10) generally. 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 permit is issued pursuant to this subsection. The Secretary, 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 limited to, fishery conservation and management, fisheries 
research, administration, and enforcement, but excluding costs for 
observers covered by surcharges under section 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 conservation 
zone during the preceding year bears to the aggregate quantity of fish 
harvested by both foreign and domestic fishing vessels within such zone 
and the territorial waters of the United States during such preceding 
year. The amount collected by the Secretary under this paragraph shall 
be transferred to the fisheries loan fund established under section 742c 
of this title for so long as such fund exists and used of the purpose of 
making loans therefrom, but only to the extent and in amounts provided 
for in advance in appropriation Acts.''
    Subsec. (b)(10)(B), (C). Pub. L. 99-659, Sec. 101(c)(2), substituted 
``exclusive economic zone'' for ``fishery conservation zone''.
    Subsec. (b)(12). Pub. L. 99-659, Sec. 102(4), amended par. (12) 
generally. Prior to amendment, par. (12) read as follows: ``If any 
foreign fishing vessel for which a permit 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 involved and on any 
    permit issued under such application.
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, Sec. 3(1), inserted 
``hold'' before ``capacity''.
    Subsec. (b)(4). Pub. L. 97-453, Sec. 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, Sec. 3(3), struck out ``to each 
appropriate Council and'' after ``application''.
    Subsec. (b)(4)(C). Pub. L. 97-453, Sec. 3(3), substituted ``a copy 
or a summary of the application to the appropriate council, upon its 
request'' for ``a monthly summary 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, Sec. 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, Sec. 208, substituted ``a 
monthly summary of foreign fishing applications 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, Sec. 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 Representatives and the Committees on Commerce and Foreign 
Relations of the Senate.
    Subsec. (b)(10). Pub. L. 96-561, Sec. 232(b), substituted provision 
directing that fees imposed under this paragraph 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 limited to, fishery conservation and management, 
fisheries research, administration, and enforcement, but excluding costs 
for observers covered by surcharges under section 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 
conservation zone during the preceding year bears to the aggregate 
quantity of fish harvested 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 transferred to the fisheries loan fund for provision directing 
that fees be formulated so as to ensure that receipts resulting 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, Sec. 232(a), substituted provision directing that 
fees be formulated so as to ensure that receipts resulting 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, Sec. 4(5), in 
subpar. (D) substituted provisions relating to estimation 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, Sec. 4(6), substituted provisions 
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 Federal Register.
    Subsec. (b)(6). Pub. L. 95-354, Sec. 4(7), redesignated existing 
provisions as subpar. (A) inserted reference to subpar. (B), and added 
subpar. (B).
    Subsec. (b)(7)(D) to (F). Pub. L. 95-354, Sec. 4(8), added subpars. 
(D) and (E) and redesignated former subpar. (D) as (F).


                    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

    Section 232(a) of Pub. L. 96-561 provided that the amendment made by 
that section is effective with respect to permits issued under subsec. 
(b) of this section for 1981.
    Section 232(b) of Pub. L. 96-561 provided that the amendment made by 
that section is effective with respect to permits issued under subsec. 
(b) of this section after 1981.

                  Section Referred to in Other Sections

    This section is referred to in sections 1371, 1383a, 1387, 1821, 
1822, 1825, 1852, 1853, 1856, 1857, 1861 of this title; title 22 section 
1980.
