Page:United States Statutes at Large Volume 87.djvu/1095

 87

STAT.]

1C63

PUBLIC LAW 93-242-JAN. 2, 1974 PERMITS

Si:c. 3. (a) The Secretary is authorized to issue permits to vessel owners for vessels documented under the laws of the United States to eugai^e in fishing in the area of agreement: Provided., That the number of vessels which are the subject of permits shall not exceed three hundred and twenty-five or such other number of vessels as may Us specified in the treaty from time to time as authorized to fish in the area of agreement. No vessel owner may be issued a permit with i'espect to a vessel miless such vessel meets the requirements of ihe treaty, the Act, and the regulations. (b) Except as provided in section 4(d), a permit shall be valid only for the vessel with respect to which it is issued and shall not cover more than one vessel, except that a vessel owner may, with the prior consent of the Secretary, transfer a permit to another vessel whether or not owned by the same vessel owner. (c) Permits shall be issued for a calendar year, and may be renewed annually. (d) Permits shall contain such provisions, and shall be issued upon, and subject to, such terms and conditions as the Secretary deems necessary to carry out the treaty, the Act, and the regulations. Permit provisions may include, but are not limited to— (i) the manner, piace.and time of conducting fishing operations, (ii) the keeping of records, (iii) the furnishing of information to the Secretary, (iv) the identification and marking of the vessels, (v) limitations on transshipment operations, (vi) restrictions or prohibitions on the employment on any permitted vessel of a master or other person against whom a civil penalty has been assessed pursuant to section 9, (vii) prohibited activities, (viii) revocation of permit for failure to pay a civil penalty assessed against a vessel owner pursuant to section 9, and (ix) the maintaining of an office in the Ignited States by the holder of a permit at which all notices, legal documents, and other material may be served. Permits may be suspended or revoked by the Secretary for failure to comply with any of the terms or conditions thereof, or with the treaty, this Act or the regulations. Upon any such suspension or revocation, the permittee shall be afforded a prompt opportunity, after due notice, for a hearing by the Secretary. The decision of the Secretary rendered in connection with such hearing shall be final and binding. (e) Permits may be returned to the Secretary. I n addition, the Secretary may issue regidations requiring the return of unutilized permits under such circumstances and upon such terms and conditions as he deems appropriate. If the Secretary reissues a permit to another vessel owner, a prorated amount of the annual permit fee for the portion of the year during which the permit is held by another vessel owner shall be refunded to the original permittee. Except as specified in this subsection (e) and in section 4(c), permit fees shall not be prorated. (f) The annual fee for a permit for any year other than 1973 shall be $615 for enforcement services plus an amount of not more than $100, as determined by the Secretary, for the purpose of covering

Limitation.

Annual renewal.

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