(ii) suspend such permit for the period of time deemed appropriate; (iii) deny a permit under this subsection to the vessel; or (iv) impose additional conditions and restrictions on the approved application of the foreign nation involved and on any permit issued under that application. Any permit which is suspended under this subparagraph 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. (B) The Secretary may temporarily deny or suspend the permit of any foreign fishing vessel pending the outcome of any administrative proceeding respecting a violation of section 307 of this Act if the Secretary determines that (i) based upon information available to the Secretary, there are reasonable grounds to believe that the vessel has been used in the commission of such violation; (ii) immediate suspension of fishing privileges would serve the purposes of this Act; and (iii) either (I) the violation presents a serious threat to the public interest, (II) the violation presents a serious threat to the achievement of any purpose or policy of this Act, or (III) the owner or operator of the vessel has been involved in a prior violation of this Act. In applying this subparagraph— (I) the Secretary must notify the vessel owner of the proposed denial or suspension and give the owner a reasonable opportunity, not longer than 10 days from service of notice, to respond in writing or otherwise; (II) if a permit is denied or suspended under this subparagraph, any administrative proceeding respecting the violation at issue must be held as promptly as possible; and (III) if another permit application is pending for such vessel on or after the date of the violation, the secretary need not act on that application before deciding whether or not to deny or suspend temporarily a permit under this subparagraph. (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 wheelhouse 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 per mits. The Secretary of State may establish, require the payment of, and collect fees for registration permits; except that level of such fees shall not exceed the administrative costs incurred by him in issuing such permits. SEC. 205.55 IMPORT PROHIBITIONS. (a) DETERMINATIONS BY SECRETARY OF STATE.-If the Secretary of State determines that (1) he has been unable, within a reasonable period of time, to conclude with any foreign nation an international fishery agreement allowing fishing vessels of the United States equitable access to fisheries over which that nation asserts exclusive fishery management authority, as recognized by the United States, in accordance with traditional fishing activities of such vessels, if any, and under terms not more restrictive than those established under sections 201 (c) and (d) and 204(b) (7) and (10), because such nation has (A) refused to commence negotiations, or (B) failed to negotiate in good faith; (2) any foreign nation is not allowing fishing vessels of the United States to engage in fishing for highly migratory species in accordance with an applicable international fishery agreement, whether or not such nation is a party thereto; (3) any foreign nation is not complying with its obligations under any existing international fishery agreement concerning fishing by fishing vessels of the United States in any fishery over which that nation asserts exclusive fishery management authority; or (4) any fishing vessel of the United States, while fishing in waters beyond any foreign nation's territorial sea, to the extent that such sea is recognized by the United States, is seized by any foreign nation (A) in violation of an applicable international fishery agreement; (B) without authorization under an agreement between the United States and such nation; or (C) as a consequence of a claim of jurisdiction which is not recognized by the United States; he shall certify such determination to the Secretary of the Treasury. (b) PROHIBITIONS.-Upon receipt of any certification from the Secretary of State under subsection (a), the Secretary of the Treasury shall immediately take such action as may be necessary and appropriate to prohibit the importation into the United States (1) of all fish and fish products from the fishery involved, if any; and (2) upon recommendation of the Secretary of State, such other fish or fish products, from any fishery of the foreign nation concerned, which the Secretary of State finds to be appropriated to carry out the purposes of this section. (c) REMOVAL OF PROHIBITION.-If the Secretary of State finds that the reasons for the imposition of any import prohibition under this section no longer prevail, the Secretary of State shall notify the 55 16 U.S.C. 1825. Secretary of the Treasury, who shall promptly remove such import prohibition. (d) DEFINITIONS.-As used in this section (1) The term "fish" includes any highly migratory species. (2) The term "fish products" means any article which is produced from or composed for (in which or in part) any fish. SEC. 206.56 TRANSITIONAL PROVISIONS. (a) DEFINITION.-For purposes of this section, the term "governing international fishery agreement" does not include any governing international fishery agreement other than a governing international fishery agreement approved by the Congress pursuant to section 2 of the Fishery Conservation Zone Transition Act, or pursuant to any amendment to such section 2 if the effective date of such amendment is not later than February 28, 1977. (b) ACTION BY COUNCILS.-Section 204(b)(5) shall not apply to any application submitted by a foreign nation pursuant to a governing international fishery agreement for permits authorizing fishing during 1977 by vessels of that nation within the exclusive economic zone 10 or for anadromous species or Continental Shelf fishery resources beyond such zone, but each appropriate Council may prepare and submit comments to the Secretary on such application (1) if the application has been received by the Council on or before the date of the enactment of this section, within 7 days after such date; or (2) if the application is received by the Council from the Secretary of State after such date of enactment, within 7 days after the date on which the council receives the application. The provisions of the Federal Advisory Committee Act shall not apply to the actions of any Council in preparing such comments. (c) PERMITS.-Until May 1, 1977, the requirement in section 204(a) that foreign fishing vessels have on board a valid permit issued under section 204 shall not apply in the case of any foreign fishing vessel for which a permit is issued under an application to which subsection (b) applies. The failure of any such vessel to comply with such requirement before such date shall not be deemed to be a violation of section 307(1)(A). (d) PERMIT FEES.-Until May 1, 1977, the requirement in section 204(b)(11), regarding the payment of applicable fees before foreign fishing permits are issued, may be waived by the Secretary with respect to permits to be issued under any application to which subsection (b) applies if the Secretary is satisfied that the foreign nation which made the application will pay the applicable fees before such date. Any permit issued under the waiver provided by this subsection shall expire on May 1, 1977, if the Secretary does not receive on or before such date applicable fees for the permit. TITLE III-NATIONAL FISHERY MANAGEMENT PROGRAM 56 16 U.S.C. 1826. Sec. 206 was added by Public Law 95-6 (91 Stat. 14). (a) The Act of October 14, 1966 (16 U.S.C. 1091-1094), is repealed as of March 1, 1977. (b) The Act of May 20, 1964 (16 U.S.C. 1081-1086), is repealed as of March 1, 1977. SEC. 403. FISHERMEN'S PROTECTIVE ACT AMENDMENTS. (a) 58 * * * (b) EFFECTIVE DATE.-The amendment made by subsection (a)(1) shall take effect March 1, 1977. The amendment made by subsection (a)(2) shall apply with respect to seizures of vessels of the United States on or after December 31, 1974. SEC. 404. MARINE MAMMAL PROTECTION ACT AMENDMENT. (a) AMENDMENT.-Section 3(15)(B) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362(15)(B)) is amended by striking out "the fisheries zone established pursuant to the Act of October 14, 1966." and inserting in lieu thereof "the waters included within a zone, contiguous to the territorial sea of the United States, of which the inner boundary is a line coterminous with the seaward boundary of each coastal State, and the outer boundary is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured.". (b) EFFECTIVE DATE.-The amendment made by subsection (a) shall take effect March 1, 1977. SEC. 405. ATLANTIC TUNAS CONVENTION ACT AMENDMENT. (a) 59 * * * (b) EFFECTIVE DATE.-The amendment made by subsection (a) shall take effect March 1, 1977. SEC. 406. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary, for purposes of carrying out the provisions of this Act, not to exceed the following sums: (1) $5,000,000 for the fiscal year ending June 30, 1976. (2) $5,000,000 for transitional fiscal quarter ending September 30, 1976. (3) $25,000,000 for the fiscal year ending September 30, 1977. (4) $30,000,000 for the fiscal year ending September 30, 1978. (5) 60 $30,000,000 for the fiscal year ending September 30, 1979. (6) 61 $33,000,000 for the fiscal year ending September 30, 1980. (7) $40,000,000 for the fiscal year ending September 30, 1981. (8) $47,000,000 for the fiscal year ending September 30, 1982. 57 Sec. 401 was repealed by sec. 110 of Public Law 99-659 (100 Stat. 3715). 58 Sec. 403(a) amended sec. 2 and 3(a) of the Fishermen's Protective Act of 1967. For text, see beginning at page 213. 59 Sec. 405(a) amended sec. 2(4) of the Atlantic Tunas Convention Act. For text, see page 134. 60 Par. (5) was added by sec. 1 of Public Law 95-354 (92 Stat. 519). 61 The authorization figures for fiscal years 1980, 1981, and 1982 were added by sec. 1 of Public Law 96-61 (93 Stat. 407). (9) 62 $59,000,000 for the fiscal year ending September 30, 1983. (10) 62 $64,000,000 for the fiscal year ending September 30, 1984. (11) 62 $69,000,000 for the fiscal year ending September 30, 1985. (12) 63 $69,000,000 for fiscal year 1986. 62 The authorization figures for fiscal years 1983, 1984, and 1985 were added by sec. 14(a) of Public Law 97-453 (96 Stat. 2492). 63 Pars. (12) through (15) were added by sec. 111(a) of Public Law 99-659 (100 Stat. 3715). |