Page:United States Statutes at Large Volume 110 Part 5.djvu/491

 PUBLIC LAW 104-297—OCT. 11, 1996 110 STAT. 3565 (1) by inserting "or subsection (d)" in the first sentence of subsection (b)(7) after "under paragraph (6)"; (2) by striking "the regulations promulgated to implement any such plan" in subsection (b)(7)(A) and inserting "any applicable Federal or State fishing regulations"; (3) by inserting "or subsection (d)" in subsection (b)(7)(D) after "paragraph (6)(B)"; and (4) by adding at the end the following: " (d) TRANSSHIPMENT PERMITS. — "(1) AUTHORITY TO ISSUE PERMITS.— The Secretary may issue a transshipment permit under this subsection which authorizes a vessel other than a vessel of the United States to engage in fishing consisting solely of transporting fish or fish products at sea from a point witlun the exclusive economic zone or, with the concurrence of a State, within the boundaries of that State, to a point outside the United States to any person who— "(A) submits an application which is approved by the Secretary under paragraph (3); and "(B) pays a fee imposed under paragraph (7). "(2) TRANSMITTAL.—Upon receipt of an application for a permit under this subsection, the Secretary shall promptly transmit copies of the application to the Secretary of State, Secretary of the department in which the Coast Gueird is operating, any appropriate Council, and any affected State. "(3) APPROVAL OF APPLICATION. —The Secretary may approve, in consultation with the appropriate Council or Marine Fisheries Commission, an application for a permit under this section if the Secretary determines that— "(A) the trsuisportation of fish or fish products to be conducted under the permit, as described in the application, will be in the interest of the United States and will meet the applicable requirements of this Act; "(B) the appHcant will comply with the requirements described in section 201(c)(2) with respect to activities authorized by any permit issued pursuant to the application; "(C) the applicant has established any bonds or financial assurances that may be required by the Secretary; and "(D) no owner or operator of a vessel of the United - States which has adequate capacity to perform the transportation for which the application is submitted has indicated to the Secretary an interest in performing the transportation at fair and reasonable rates. "(4) WHOLE OR PARTIAL APPROVAL.—The Secretary may approve all or any portion of an application under paragraph (3). " (5) FAILURE TO APPROVE APPLICATION. — I f the Secretary does not approve any portion of an application submitted under paragraph (1), the Secretary shall promptly inform the apphcant and specify the reasons therefor. "(6) CONDITIONS AND RESTRICTIONS.—The Secretary shall establish and include in each permit under this subsection conditions and restrictions, including those conditions and restrictions set forth in subsection (b)(7), which shall be com-

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