Page:United States Statutes at Large Volume 109 Part 1.djvu/387

 PUBLIC LAW 104-43—NOV. 3, 1995 109 STAT. 371 (5) report promptly to FAO all relevant information regarding any activities of high seas fishing vessels that undermine the effectiveness of international conservation and management measures, including the identity of the vessels and any sanctions imposed; and (6) provide the FAO a summary of evidence regarding any activities of foreign vessels that undermine the effectiveness of international conservation and management measures. (c) INFORMATION TO FLAG NATIONS. —I f the Secretary, in cooperation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, has reasonable grounds to believe that a foreign vessel has engaged in activities undermining the effectiveness of international conservation and management measures, the Secretary shall— (1) provide to the flag nation information, including appropriate evidentiary material, relating to those activities; and (2) when such foreign vessel is voluntarily in a United States port, promptly notify the flag nation and, if requested by the flag nation, make arrangements to undertake such lawful investigatory measures as may be considered necessary to establish whether the vessel has been used contrary to the provisions of the Agreement. (d) REGULATIONS. —The Secretary, after consultation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, may promulgate such regulations, in accordance with section 553 of title 5, United States Code, as may be necessary to carry out the purposes of the Agreement and this title. The Secretary shall coordinate such regulations with any other entities regulating high seas fishing vessels, in order to minimize duplication of permit application and reporting requirements. To the extent practicable, such regulations shall also be consistent with regulations implementing fishery management plans under the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (e) NOTICE OF INTERNATIONAL CONSERVATION AND MANAGE- Federal Register, MENT MEASURES.— The Secretary, in consultation with the Secretary publication. of State, shall publish in the Federal Register, from time to time, a notice listing international conservation and management measures recognized by the United States. SEC. 106. UNLAWFUL ACTIVITIES. 16 USC 5505. It is unlawful for any person subject to the jurisdiction of the United States— (1) to use a high seas fishing vessel on the high seas in contravention of international conservation and management measures described in section 105(e); (2) to use a high seas fishing vessel on the high seas, unless the vessel has on board a valid permit issued under section 104; (3) to use a high seas fishing vessel in violation of the conditions or restrictions of a permit issued under section 104; (4) to falsify any information required to be reported, communicated, or recorded pursuant to this title or any regulation issued under this title, or to fail to submit in a timely fashion any required information, or to fail to report to the Secretary immediately any change in circumstances that has

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