Page:United States Statutes at Large Volume 90 Part 1.djvu/395

 PUBLIC LAW 94-265—APR. 13, 1976

90 STAT. 3 4 5

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(A) revoke such permit, with or without prejudice to the r i g h t of the foreign nation involved to obtain a permit for such vessel in any subsequent year; (B) suspend such permit for the period of time deemed a p p r o p r i a t e; or (C) impose additional conditions and restrictions on the approved application of the foreign nation involved and on any permit issued under such application. Any permit which is suspended under this paragraph 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, (c) REGISTRATION P E R M I T S. — The Secretary of State, in coopera-

tion with the Secretary, shall issue annually a registration permit for each fishing vessel of a foreign nation which is a party to an international fishery agreement under which foreign fishing is authorized by section 201(b) and which wishes to engage in fishing described in subsection (a). E a c h such permit shall set forth the terms and conditions contained in the agreement that apply with respect to such fishing, and shall include the additional requirement that the owner or operator of the fishing vessel for which the permit is issued shall prominently display such permit in the wheelhouse of such vessel and show it, upon request, to any officer authorized to enforce the provisions of this Act (as provided for in section 311). The Secretary of State, after consultation with the Secretary and the Secretary of the department in which the Coast G u a r d is operating, shall prescribe the form and manner in which applications for registration permits may be made, and the forms of such permits. The Secretary of State may establish, require the payment of, and collect fees for registration permits; except that the level of such fees shall not exceed the administrative costs incurred by him in issuing such permits. SEC. 205. IMPORT PROHIBITIONS. (a)

DETERMINATIONS BY SECRETARY OF S T A T E. — I f the Secretary of

State determines that— (1) h e has been unable, within a reasonable period of time, to conclude with any foreign nation an international fishery agreement allowing fishing vessels of the United States equitable access to fisheries over which that nation asserts exclusive fishery management authority, as recognized by the United States, in accordance with traditional fishing activities of such vessels, if any, and under terms not more restrictive than those established under sections 201(c) and (d) and 204 (b)(7) and (10), because such nation has (A) refused to commence negotiations, or (B) failed to negotiate in good f a i t h; (2) any foreign nation is not allowing fishing vessels of the United States to engage in fishing for highly migratory species in accordance with an applicable international fishery agreement, whether or not such nation is a party thereto; (3) any foreign nation is not complying with its obligations under any existing international fishery agreement concerning fishing by fishing vessels of the United States i n any fishery over which that nation asserts exclusive fishery management authority; or (4) any fishing vessel of the United States, while fishing i n waters beyond any foreign nation's territorial sea, to the extent that^such sea is recognized by the United States, is seized by any foreign nation—

16 USC 1825. j -

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