Page:United States Statutes at Large Volume 100 Part 5.djvu/234

 100 STAT. 3708

PUBLIC LAW 99-659—NOV. 14, 1986

3i. foreign nation involved to obtain a permit for such vessel in any subsequent year; UIJ c? "(ii) suspend such permit for the period of time deemed appropriate; ,;; "uii) 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. i"*' 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. "S "(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 ^ j&.av • ^-; "(iii) either— '.. "(I) the violation presents a serious threat to the iiiii^, 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 V 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 reasoni!> isJ: able opportunity, not longer than 10 days from service of notice, to respond in writing or otherwise; ri:>Y'i "(II) if a permit is denied or suspended under this subparagraph, any administrative proceeding respecting „ji,,.;j 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 w« not to deny or suspend temporarily a permit under this lo subparagraph,". SEC. 103. HEALTH AND SAFETY STANDARDS FOR FOREIGN FISHING VESSELS. (a) STANDARDS FOR UNITED STATES OBSERVERS.—Subsection (i) of

16 USC 1821.

section 201 of the Act (19 U.S.C. 1821(i)) is amended— (1) by inserting "(A)" after "(1)" in paragraph (1); (2) by inserting at the end of paragraph (1) the following new .-: / 3 subparagraph: '^ti-^ '" "(B) The Secretary shall by regulation prescribe mini•'• '"'" /.'^ if mum health and safety standards that shall be maintained aboard each foreign fishing vessel with regard to the facilities provided for the quartering of, and the carrying out of observer functions by. United States observers."; and T? (3) by amending subparagraph (B) of paragraph (2) to read as f? follows: - -.

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