520 



person, partnership, corporation, or association 

 which is the owner of record of a vessel docu- 

 mented under the laws of the United States, ex- 

 cept that, with respect to sections llOOb-2 and 

 llOOb-3 of this title, the Secretary may issue such 

 regulations as he deems appropriate to cover ap- 

 plications for an issuance of letters of voluntary 

 compliance and permits with respect to vessels 

 owned by corporations which are owned or con- 

 trolled by one or more other corporations; 



(i) the term "regulations" shall mean rules and 

 regulations issued by the Secretary from time to 

 time as he deems necessary to carry out the pur- 

 poses and objectives of the treaty and this chap- 

 ter; and 



(J) the term "gear" when applied to any ves- 

 sel involved in a violation shall mean any single 

 set of net and doors for a single trawl vessel, or 

 for a vessel capable of towing more than one set 

 at a time, as many sets of net and doors as the 

 vessel is capable of towing: Provided, That if the 

 vessel owner, master, or other person in charge of 

 the vessel can show that a particular set (or sets) 

 of net and doors was actually involved in the 

 violation, then that set (or sets) shall be deemed 

 to be the gear of the vessel involved in the vio- 

 lation. 



(Pub. L. 93-242, §2, Jan. 2, 1974, 87 Stat. 1061, 



amended Pub. L. 94-58, § 3(a) , July 24, 1975, 89 Stat. 



266.) 



Amendments 

 1975 — Subsec. (a). Pub. L. 94-58 substituted "March 14. 



1975" for "May 9, 1972". 



Effective Date of 1976 Amendment 

 Section 4 of Pub. L. 94-58 provided that: 

 "(a) Except as provided In subsection (b), the tore- 

 going provisions of this Act [amending section llOOb-3 

 of this title] shall take effect on the date of the en- 

 actment of this Act (July 24. 1975] . 



"(b) The amendments made by subsections (a), (b). 

 (c), (e), (f). and (g) of section 3 [amending subsec. (a) 

 of this section and sections llOOb-1, llOOb-2, 1100-4, 

 llOOb-6 and llOOb-7 of this title] shall take effect upon 

 the entry Into force of the Agreement Between the 

 Government of the Federative Republic of Brazil and 

 the Government of the United States of America Concern- 

 ing Shrimp, signed on March 14, 1975." 



Termination Date 



Section 13 of Pub. L. 93-242, as amended by section 2 

 of Pub. L. 94-58, provided In part that the provisions 

 of this chapter shall expire September 30, 1977. 

 Short Title or 1975 Amendment 



Section 1 of Pub. L. 94-58 provided that: "This Act 

 [which amended this section and sections llOOb-1, 1100b- 

 2, llOOb-3, llOOb-4. llOOb-6 and llOOb-7 of this title. 

 enacted provisions set out as a note under this section, 

 and amended provisions set out as a note under this 

 section] may be cited as the 'Offshore Shrimp Fisheries 

 Act Amendments of 1975'." 



Short Title 



Section 1 of Pub. L. 93-242 provided: "That this Act 

 [enacting this chapter and amending section 1085 of this 

 title] may be cited as the 'Offshore Shrimp Fisheries Act 

 of 1973'." 



Severability of Provisions 



Section 14 of Pub. L. 93-242 provided that: "The provi- 

 sions of this Act [this chapter] shall be severable and 

 If any part of the Act (this chapter] Is declared uncon- 

 stitutional or the applicability thereof is held invalid, 

 the constitutionality of the remainder and the applica- 

 bility thereof shall not be affected thereby." 



§1100b-l. Permits. 



(a) Issuance authorized; maximum number of author- 

 ized vessels. 



The Secretary is authorized to issue permits to 

 vessel owners for vessels documented under the 

 laws of the United States to engage in fishing in the 

 area of agreement: Provided, That the number of 

 vessels which are the subject of permits shall not 

 exceed three hundred and twenty-five or such other 

 number of vessels as may be specified in the treaty 

 from time to time as authorized to fish in the area 

 of agreement: Provided further. That no more than 

 two hundred vessels with permits shall be authorized 

 to fish in any quarter of 1975 beginning March 1 

 and ending February 29, 1976, and no more than 

 one hundred and seventy-five vessels with permits 

 shall be authorized to fish in any quarter of 1976 

 beginning March 1 and ending February 28, 1977, 

 or such other number or period as may be specified 

 in the treaty from time to time. No vessel owner 

 may be issued a permit with respect to a vessel 

 unless such vessel meets the requirements of the 

 treaty, this chapter, and the regulations. 



(b) Permits valid only for vessels to which issued; 

 transfer. 



Except as provided in section 1100l>-2(d) of this 

 title, a permit shall be valid only for the vessel with 

 respect to which it is issued and shall not cover 

 more than one vessel, except that a vessel owner may, 

 with the prior consent of the Secretary, transfer a 

 permit to another vessel whether or not owned by 

 the same vessel owner. 



(c) Annual renewal. 



Permits shall be Issued for a calendar year, and 

 may be renewed annually. 



(d) Terms and conditions of issuance. 



Permits shall contain such provisions, and shall 

 be issued upon, and subject to, such terms and 

 conditions as the Secretary deems necessary to 

 carry out the treaty, this chapter, and the regula- 

 tions. Permit provisions may include, but are not 

 limited to — 



(i) the manner, place, and time of conducting 

 fishing operations, 



(ii) the keeping of records, 

 (ill) the furnishing of Information to the Secre- 

 tary, 



(iv) the identification and marking of the ves- 

 sels, 



(V) limitations on transshipment operations, 

 (vl) restrictions or prohibitions on the employ- 

 ment on any permitted vessel of a master or other 

 person against whom a civil penalty has been as- 

 sessed pursuant to section llOOb-7 of this title, 

 (vii) prohibited activities, 



(viil) revocation of permit for failure to pay a 

 civil penalty assessed against a vessel owner pur- 

 suant to section llOOb-7 of this title, and 



(Ix) the maintaining of an ofiBce in the United 

 States by the holder of a permit at which all no- 

 tices, legal documents, and other material may be 

 served. 

 Permits may be suspended or revoked by the Secre- 

 tary for failure to comply with any of the terms or 



