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U.S. Code as of:
01/19/04
Section 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.
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