PERMITS FOR FOREIGN FISHING.

SEC. 204. PERMITS FOR FOREIGN FISHING. (a) In General.— After February 28, 1977, no foreign fishing vessel shall engage in fishing within the fishery conservation 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.— 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). (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. 90 STAT. 343 (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, 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 amount of fish or tonnage of catch contemplated for each such vessel during the time such permit, is in force; and (E) the ocean area in which, and the season or period during which, such fishing will be conducted; 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 (8), the Secretary of State shall publish such application in the Federal Register and shall promptly transmit.— (A) such application, together with his comments and recommendations thereon, to the Secretary; (B) a copy of the application to each appropriate Council and to the Secretary of the department in which the Coast Guard is operating; and (C) a copy of such material 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. (5) Action by council.— After receipt of an application transmitted under paragraph (4)(B), each appropriate Council shall 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 bite rested 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.— 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 the application, if he determines that the fishing described in the application will meet the requirements of this Act. (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) 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: 90 STAT. 344 (A) Ail of the requirements of any applicable fishery management plan, or preliminary fishery management plan, and the regulations promulgated to implement any such plan. (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 201(c)(1), (2), and (3). (D) 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; (C) any Council which has authority over any fishery specified in such application; and (D) the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committees on Commerce and Foreign Relations of the Senate. (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.— Reasonable 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 and publish a schedule of such fees, which shall apply nondiscriminatorily to each foreign nation. In determining the level of such fees, the Secretary may take into account, the cost of carrying out the provisions of this Act with respect to foreign fishing, including, but not limited to, the cost of fishery conservation and management, fisheries research, administration, and enforcement, (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. (12) Sanctions.— 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 307 the Secretary may, or if any civil penalty imposed under section 308 or any criminal fine imposed under section 309 has not been paid and is overdue the Secretary shall— 90 STAT. 345 (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 non-payment 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, (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 201(b) and which wishes to engage in fishing described in subsection (a). 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 wheel house of such vessel and show it, upon request, to any officer authorized to enforce the provisions of this Act (as provided for in section 311). 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.