474 



(E) the ocean area in which, and the season 

 or period during which, such Ashing will be 

 conducted; 

 and shall include any other pertinent information 

 and material which the Secretary may require. 



(4) Transmittal for action. — Upon receipt of 

 any application which complies with the require- 

 ments of paragraph (3), the Secretary of State 

 shall publish such application in the Federal 

 Register and shall promptly transmit — 



(A) such application, together with his com- 

 ments and recommendations thereon, to the 

 Secretary; 



(B) a copy of the application to each ap- 

 propriate Council and to the Secretary of the 

 department in which the Coast Guard is oper- 

 ating; and 



(C) a copy of such material to the Com- 

 mittee on Merchant Marine and Fisheries of 

 the House of Representatives and to the Com- 

 mittees on Commerce and Foreign Relations 

 of the Senate. 



(5) Action by council. — After receipt of an 

 application transmitted under paragraph (4) 

 (B) , each appropriate Council shall prepare and 

 submit to the Secretary such written comments 

 on the application as it deems appropriate. Such 

 comments shall be submitted within 45 days 

 after the date on which the application Is re- 

 ceived by the Council and may include recom- 

 mendations with respect to approval of the appli- 

 cation and, if approval is recommended, with 

 respect to appropriate conditions and restrictions 

 thereon. Any interested person may submit com- 

 ments to such Council with respect to any such 

 application. The Council shall consider any such 

 comments in formulating its submission to the 

 Secretary. 



(6) Approval. — After receipt of any applica- 

 tion transmitted under paragraph (4) (A) , the 

 Secretary shall consult with the Secretary of 

 State and, with respect to enforcement, with the 

 Secretary of the department in which the Coast 

 Guard is operating. The Secretary, after taking 

 into consideration the views and recommenda- 

 tions of such Secretaries, and any comments sub- 

 mitted by any Council under paragraph (5) , may 

 approve the application, if he determines that 

 the fishing described in the application will meet 

 the requirements of this Act. 



(7) Establishment of conditions and restric- 

 tions. — The Secretary shall establish conditions 

 and restrictions which shall be included in each 

 permit issued pursuant to any application ap- 

 proved under paragraph (6) and which must be 

 complied with by the owner or operator of the 

 fishing vessel for which the permit is issued. 

 Such conditions and restrictions shall include 

 the following: 



(A) All of the requirements of any appli- 

 cable fishery management plan, or preliminary 

 fishery management plan, and the regulations 

 promulgated to implement any such plan. 



(B) The requirement that no permit may be 



used by any vessel other than the fishing ves- 

 sel for which it is issued. 



(C) The requirements described in section 

 201(c) (1), (2), and (3). 



(D) Any other conditions and restrictions 

 related to fishery conservation and manage- 

 ment which the Secretary prescribes as neces- 

 sary and appropriate. 



(8) Notice of approval. — The Secretary shall 

 promptly transmit a copy of each application 

 approved under paragraph (6) and the condi- 

 tions and restrictions established under para- 

 graph (7) to — 



(A) the Secretary of State for transmittal 

 to the foreign nation involved; 



(B) the Secretary of the department in 

 which the Coast Guard is operating; 



(C) any Council which has authority over 

 any fishery specified in such application; and 



(D) the Committee on Merchant Marine and 

 Fisheries of the House of Representatives and 

 the Committee on Commerce and Foreign 

 Relations of the Senate. 



(9) Disapproval of applications. — If the Sec- 

 retary does not approve any application sub- 

 mitted by a foreign nation under this subsection, 

 he shall promptly inform the Secretary of State 

 of the disapproval and his reasons therefore. The 

 Secretary of State shall notify such foreign na- 

 tion of the disapproval and the reasons therefor. 

 Such foreign nation, after taking into considera- 

 tion the reasons for disapproval, may submit a 

 revised application under this subsection. 



(10) Fees. — Reasonable fees shall be paid to 

 the Secretary by the owner or operator of any 

 fishing vessel for which a permit is issued pursu- 

 ant to this subsection. The Secretary, in consulta- 

 tion with the Secretary of State, shall establish 

 and publish a schedule of such fees, which shall 

 apply nondiscriminatorily to each foreign nation. 

 In determining the level of such fees, the Secre- 

 tary may take into account the cost of carrying 

 out the provisions of this Act with respect to 

 foreign fishing, including, but not limited to, the 

 cost of fishery conservation and management, 

 fisheries research, administration, and enforce- 

 ment. 



(11) Issuance of permits. — If a foreign nation 

 notifies the Secretary of State of its acceptance 

 of the conditions and restrictions established by 

 the Secretary under paragraph (7), the Secre- 

 tary of State shall promptly transmit such noti- 

 fication to the Secretary. Upon payment of the 

 appUcable fees established pursuant to paragraph 

 (10) , the Secretary shall thereupon issue to such 

 foreign nation, through the Secretary of State, 

 permits for the appropriate fishing vessels of that 

 nation. Each permit shall contain a statement of 

 all conditions and restrictions established under 

 paragraph (7) which apply to the fishing vessel 

 for which the permit is issued. 



(12) Sanctions. — If any foreign fishing vessel 

 for which a permit has been issued pursuant to 

 this subsection has been used in the commission 

 of any act prohibited by section 307 the Secre- 



