475 



tary may, or if any civil penalty imposed under 

 section 308 or any criminal fine imposed under 

 section 309 has not been paid and is overdue the 

 Secretary shall — 



(A) revoke such permit, with or without 

 prejudice to the right of the foreign nation in- 

 volved to obtain a permit for such vessel in 

 any subsequent year; 



(B) suspend such permit for the period of 

 time deemed appropriate; or 



(C) impose additional conditions and re- 

 strictions on the approved application of the 

 foreign nation involved and on any permit 

 issued under such application. 



Any permit which is suspended under this para- 

 graph for nonpayment of a civil penalty shall be 

 reinstated by the Secretary upon the payment 

 of such civil penalty together with interest there- 

 on at the prevailing rate. 



(c) Registration Permits. — The Secretary of 

 State, in cooperation with the Secretary, shall is- 

 sue annually a registration permit for each fish- 

 ing 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 m engage in fishing described in sub- 

 section (a). Each 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 per- 

 mit is issued shall prominently display such per- 

 mit 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 sec- 

 tion 311). The Secretary of State, after consulta- 

 tion with the Secretary and the Secretary of the 

 department in which the Coast Guard is operating, 

 shall prescribe the form and manner in which ap- 

 plications 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 adminis- 

 trative costs incurred by him in issuing such per- 

 mits. 



SEC 205. IMPORT PROHIBITIONS 



(a) Determinations by Secretary of State. — If 

 the Secretary of State determines that — 



(1) he has been unable, within a reasonable 

 period of time, to conclude with any foreign na- 

 tion an international fishery agreement allow- 

 ing fishing vessels of the United States equitable 

 access to fisheries over which that nation asserts 

 exclusive fishery management authority, as rec- 

 ognized by the United States, in accordance with 

 traditional fishing activities of such vessels, if 

 any, and under terms not more restrictive than 

 those establishel under section 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 faith ; 



(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 nation is not complying with its ob- 

 ligations under any existing international fishery 

 agreement concerning fishing by fishing vessels 

 of the United States in any fishery over which 

 that nation asserts exclusive fishery management 

 authority; or 



(4) any fishing vessel of the United States, 

 while fishing in waters beyond any foreign na- 

 tion's territorial sea, to the extent that such sea 

 is recognized by the United States, is seized by 

 any foreign nation — 



(A) in violation of an applicable interna- 

 tional fishery agreement; 



(B) without authorization under an agree- 

 ment between the United States and such na- 

 tion; or 



(C) as a consequence of a claim of jurisdic- 

 tion which is not recognized by the United 

 States ; 



he shall certify such determination to the Secre- 

 tary of the Treasury. 



(b) Prohibitions. — Upon receipt of any certifi- 

 cation from the Secretary of State under subsec- 

 tion (a) , the Secretary of the Treasury shall im- 

 mediately take such action as may be necessary 

 and appropriate to prohibit the importation into 

 the United States — 



(1) of all fish and fish products from the 

 fishery involved, if any; and 



(2) upon recommendation of the Secretary of 

 State, such other fish or fish products, from any 

 fishery of the foreign nation concerned, which 

 the Secretary of State finds to be appropriate 

 to carry out the purposes of this section. 



(c) Removal of Prohibition. — If the Secretary 

 of State finds that the reasons for the imposition 

 of any import prohibition under this section no 

 longer prevail, the Secretary of State shall notify 

 the Secretary of the Treasury, who shall promptly 

 remove such import prohibition. 



(d) Definitions. — As used in this section — 



(1) The term "fish" includes any highly mi- 

 gratory species. 



(2) The term "fish products" means any ar- 

 ticle which is produced from or composed of (in 

 whole or in part) any fish. 



TITLE III— NATIONAL FISHERY MANAGE- 

 MENT PROGRAM 



sec. 301. national standards for fishery conser- 

 vation AND management 



(a) In General. — Any fishery management plan 

 prepared, and any regulation promulgated to im- 

 plement any such plan, pursuant to this title shall 

 be consistent with the following national standards 

 for fishery conservation and management: 



(1) Conservation and management measures 



shall prevent overfishing while achieving, on a 



