§1416 Permits

Summary

The Secretary of Commerce must issue a permit to U.S. vessels that want to take part in the International Dolphin Conservation Program, and may also require the person running the fishing trip to have one. To get a permit, a vessel must give its name and official number, the owner’s name and address, and details about the boat (tonnage, hold size, speed, processing gear, and the types and amounts of fishing gear, including any special equipment required under section 1413). The Secretary will set the application procedures and may charge a fee, but the fee cannot be more than the cost of processing the permit. Collected fees go to the Under Secretary of Commerce for Oceans and Atmosphere to cover those costs. After the effective date of the International Dolphin Conservation Program Act, no U.S. vessel may fish for yellowfin tuna in the eastern tropical Pacific Ocean without a valid permit. If a vessel, its owner, operator, or permit applicant is involved in acts banned under section 1417, or has unpaid civil penalties or criminal fines, the Secretary may deny, suspend, revoke, or add conditions to a permit. In deciding what to do, the Secretary must consider how serious the violation was, the person’s level of fault, past offenses, and other fair factors. Selling a vessel does not remove any active or pending permit action, and the owner must tell the buyer in writing about any such action before the sale. If a permit was suspended for not paying a penalty or fine, the permit must be returned when the penalty and interest at the prevailing rate are paid. No permit action may be taken without first giving the person a chance for a hearing on the facts.