16 USC 973g - Licenses

U.S Code last checked for updates: Nov 22, 2024

§ 973g.

Licenses

(a)

Issuance; establishment of procedures; designation of agent for service of legal process in license application; reception and response to process

(b)

Forwarding and transmittal of vessel license application

(c)

Fees and fee schedules

(1)

In the initial year of implementation, fees for the first 40 vessel licenses shall be at least $50,000 each, for any 10 vessel licenses in addition to the first 40 shall be $60,000 each, and for vessel licenses in addition to the first 50 shall be in accordance with Annex II of the Treaty.

(2)

After such initial year, fees for vessel licenses shall be paid in accordance with fee schedules established under Annex II of the Treaty and published by the Secretary.

(d)

Period of validity

(e)

Allocation system

(f)

Minimum fees required to be received in initial year of implementation for forwarding and transmittal of license applications

(g)

Grounds for denial of forwarding of license application

The Secretary, in consultation with the Secretary of State, may determine that a license application should not be forwarded to the Administrator for one of the following reasons:

(1)

where the application is not in accordance with the Treaty or the procedures established by the Secretary;

(2)

where the owner or charterer is the subject of proceedings under the bankruptcy laws of the United States, unless reasonable financial assurances have been provided to the Secretary;

(3)

where the owner or charterer has not established to the satisfaction of the Secretary that the fishing vessel is fully insured against all risks and liabilities normally provided in maritime liability insurance;

(4)

where the owner or charterer has not paid any penalty which has become final, assessed by the Secretary in accordance with this chapter.

(h)

Grandfathering of vessels documented before November 3, 1995

Notwithstanding the requirements of—

(1)

section 1 of the Act of August 26, 1983 (97 Stat. 587; 46 U.S.C. 12108); 1

 See References in Text note below.

(2)

the general permit issued on December 1, 1980, to the American Tunaboat Association under section 1374(h)(1) of this title; and

(3)

sections 1374(h)(2) and 1416(a) of this title— 2

 So in original. The dash probably should be a semicolon.

any vessel documented under the laws of the United States as of November 3, 1995, for which a license has been issued under subsection (a) may fish for tuna in the Treaty Area, including those waters subject to the jurisdiction of the United States in accordance with international law, subject to the provisions of the treaty 3

 So in original. Probably should be capitalized.

and this chapter, provided that no such vessel fishing in the Treaty Area intentionally deploys a purse seine net to encircle any dolphin or other marine mammal in the course of fishing under the provisions of the Treaty or this chapter.

(Pub. L. 100–330, § 9, June 7, 1988, 102 Stat. 596; Pub. L. 104–43, title VIII, § 801, Nov. 3, 1995, 109 Stat. 395.)

cite as: 16 USC 973g