§ 5503. Permitting

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1995

   High Seas Fishing Compliance Act of 1995

   Pub. L. 104–43 title I § 104 · 109 Stat. 366

   Enacted · 16 U.S.C. § 5503

   Pub. L. 104–43, title I, § 104, Nov. 3, 1995, 109 Stat. 369

   Source evidence

   Code source credit
   Pub. L. 104–43, title I, § 104, Nov. 3, 1995, 109 Stat. 369

   Enacted provision · exact public law section
   SEC. 104. PERMITTING. (a) In General.— No high seas fishing vessel shall engage in harvesting operations on the high seas unless the vessel has on board a valid permit issued under this section. (b) Eligibility.— (1) Any vessel of the United States is eligible to receive a permit under this section, unless the vessel was previously authorized to be used for fishing on the high seas by a foreign nation, and (A) the foreign nation suspended such authorization because the vessel undermined the effectiveness of international conservation and management measures, and the suspension has not expired; or (B) the foreign nation, within the last three years preceding application for a permit under this section, withdrew such authorization because the vessel undermined the effectiveness of international conservation and management measures. (2) The restriction in paragraph (1) does not apply if ownership of the vessel has changed since the vessel undermined the effectiveness of international conservation and management measures, and the new owner has provided sufficient evidence to the Secretary demonstrating that the previous owner or operator has no further legal, beneficial or financial interest in, or control of, the vessel. (3) The restriction in paragraph (1) does not apply if the Secretary makes a determination that issuing a permit would not subvert the purposes of the Agreement. (4) The Secretary may not issue a permit to a vessel unless the Secretary is satisfied that the United States will be able to exercise effectively its responsibilities under the Agreement with respect to that vessel. (c) Application.— (1) The owner or operator of a high seas fishing vessel may apply for a permit under this section by completing an application form prescribed by the Secretary. (2) The application form shall contain— (A) the vessel’s name, previous names (if known), official numbers, and port of record; (B) the vessel’s previous flags (if any); (C) the vessel’s International Radio Call Sign (if any); (D) the names and addresses of the vessel’s owners and operators; (E) where and when the vessel was built; (F) the type of vessel; (G) the vessel’s length; and (H) any other information the Secretary requires for the purposes of implementing the Agreement. (d) Conditions.— The Secretary shall establish such conditions and restrictions on each permit issued under this section as are necessary and appropriate to carry out the obligations of the United States under the Agreement, including but not limited to the following: (1) The vessel shall be marked in accordance with the FAO Standard Specifications for the Marking and Identification of Fishing Vessels, or with regulations issued under section 305 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1855); and (2) The permit holder shall report such information as the Secretary by regulation requires, including area of fishing Regulations. operations and catch statistics. The Secretary shall promulgate regulations concerning conditions under which information submitted under this paragraph may be released. (e) Fees.— (1) The Secretary shall by regulation establish the level of fees to be charged for permits issued under this section. The amount of any fee charged for a permit issued under this section shall not exceed the administrative costs incurred in issuing such permits. The permitting fee may be in addition to any fee required under any regional permitting regime applicable to high seas fishing vessels. (2) The fees authorized by paragraph (1) shall be collected and credited to the Operations, Research and Facilities account of the National Oceanic and Atmospheric Administration. Fees collected under this subsection shall be available for the necessary expenses of the National Oceanic and Atmospheric Administration in implementing this Act, and shall remain available until expended. (f) Duration.— A permit issued under this section is valid for 5 years. A permit issued under this section is void in the event the vessel is no longer eligible for United States documentation, such documentation is revoked or denied, or the vessel is deleted from such documentation.

2. 1996

   Amber Hagerman Child Protection Act of 1996

   Pub. L. 104–208 div. A title I § 101(a)(tII)(s211)(b) · 110 Stat. 3009

   Changed · 16 U.S.C. § 5503(d)(1)

   Pub. L. 104–208 made technical amendment to reference in original act which appears in text as reference to section 1855 of this title

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 104–208 made technical amendment to reference in original act which appears in text as reference to section 1855 of this title.

   Enacted provision · exact public law section
   (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

   Effective date note
   Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.

3. 2015

   Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015

   Pub. L. 114–81 title I § 108 · 129 Stat. 649

   Amended · 16 U.S.C. § 5503(f)

   Pub. L. 114–81 amended subsec. (f) generally. Prior to amendment, text read as follows: “A permit issued under this section is valid for 5 years. A permit issued under this section is void in the event the vessel is no longer eligible for United States documentation, such documentation is revoked or denied, or the vessel is deleted from such documentation.”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 114–81 amended subsec. (f) generally. Prior to amendment, text read as follows: “A permit issued under this section is valid for 5 years. A permit issued under this section is void in the event the vessel is no longer eligible for United States documentation, such documentation is revoked or denied, or the vessel is deleted from such documentation.”

   Enacted provision · exact public law section
   SEC. 108. AMENDMENTS TO THE HIGH SEAS FISHING COMPLIANCE ACT OF 1965.   Section 104(f) of the High Seas Fishing Compliance Act of 1995 (16 U.S.C. 5503(f)) is amended to read as follows: “(f) Validity.— A permit issued under this section for a vessel is void if— “(1) any other permit or authorization required for the vessel to fish is expired, revoked, or suspended; or “(2) the vessel is no longer documented under the laws of the United States or eligible for such documentation.” .

3 of 3 references resolved to an enrolled provision