Page:United States Statutes at Large Volume 111 Part 2.djvu/56

 Ill STAT. 1136 PUBLIC LAW 105-42—AUG. 15, 1997 the Secretary may— "(i) revoke any permit with respect to such vessel, with or without prejudice to the issuance of subsequent permits; "(ii) suspend such permit for a period of time considered by the Secretary to be appropriate; "(iii) deny such permit; or "(iv) impose additional conditions or restrictions on any permit issued to, or applied for by, any such vessel or person under this section. "(2) In imposing a sanction under this subsection, the Secretary shall take into account— "(A) the nature, circumstances, extent, and gravity of the prohibited acts for which the sanction is imposed; and "(B) with respect to the violator, the degree of culpability, any history of prior offenses, and other such matters as justice requires. "(3) Transfer of ownership of a vessel, by sale or otherwise, shall not extinguish any permit sanction that is in effect or is pending at the time of transfer of ownership. Before executing the transfer of ownership of a vessel, by sale or otherwise, the owner shall disclose in writing to the prospective transferee the existence of any permit sanction that will be in effect or pending with respect to the vessel at the time of transfer. "(4) In the case of any permit that is suspended for the failure to pay a civil penalty or criminal fine, the Secretary shall reinstate the permit upon payment of the penalty or fine and interest thereon at the prevailing rate. "(5) No sanctions shall be imposed under this section unless there has been a prior opportunity for a hearing on the facts underlying the violation for which the sanction is imposed, either in conjunction with a civil penalty proceeding under this title or otherwise.", (d) Section 307 (16 U.S.C. 1417) is amended— (1) by striking paragraphs (1), (2), and (3) of subsection (a) and inserting the following: "(1) for any person to sell, purchase, offer for sale, transport, or ship, in the United States, any tuna or tuna product unless the tuna or tima product is either dolphin safe or has been harvested in compliance with the International Dolphin Conservation Program by a country that is a member of the Inter-American Tropical Tiuia Commission or has initiated and within 6 months thereafter completed all steps required of applicant nations in accordance with Article V, paragraph 3 of the Convention establishing the Inter-American Tropical Tuna Commission, to become a member of that organization; "(2) except as provided for in subsection 101(a), for any person or vessel subject to the jurisdiction of the United States intentionally to set a piu*se seine net on or to encircle any meirine mammal in the course of tuna fishing operations in the eastern tropical Pacific Ocean except in accordance with this title and regulations issued pursuant to this title; and "(3) for any person to import any yellowfin tuna or yellowfin tuna product or any other fish or fish product in violation of a ban on importation imposed under section 101(a)(2);"; (2) by inserting "(a)(5) or" before "(a)(6)" in subsection (b)(2); and

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