521 



conditions thereof, or with the treaty, this chapter 

 or the regulations. Upon any such suspension or 

 revocation, the permittee shall be afforded a prompt 

 opportunity, after due notice, for a hearing by the 

 Secretary. The decision of the Secretary rendered 

 in connection with such hearing shall be final and 

 binding. 



(e) Return of permit to Secretary; refund of annual 

 permit fee. 



Permits may be returned to the Secretary. In ad- 

 dition, the Secretary may issue regulations requir- 

 ing the return of unutilized permits under such 

 circumstances and upon such terms and conditions 

 as he deems appropriate. If the Secretary reissues a 

 permit to another vessel owner, a prorated amount 

 of the annual permit fee for the portion of the year 

 during which the permit is held by another vessel 

 owner shall be refunded to the original permittee. 

 Except as specified in this subsection (e) and in sec- 

 tion 1100b-2(c) of this title, permit fees shall not 

 be prorated. 



(f) Annual fee. 



The annual fee for a permit shall be $1,115 for en- 

 forcement services plus an amount of not more than 

 $100, as determined by the Secretary, for the pur- 

 F)ose of covering administrative costs. The amoimt 

 of any deposit transferred to the Offshore Shrimp 

 Fisheries Fund pursuant to section llOOb-3 of this 

 title shall be credited toward the annual permit fee. 



(g) Surrender of suspended or revoked permits. 



Any permit which has been suspended or revoked, 

 or which is required to be returned, shall be sur- 

 rendered to the Secretary. (Pub. L. 93-242, § 3, Jan. 

 2, 1974, 87 Stat. 1063, amended Pub. L. 94-58, § 3(b) , 

 July 24, 1975, 89 Stat. 266.) 



Amendments 



1975— Subsec. (a). Pub. L. 94-58, 5 3(b)(1), added 

 proviso relating to the number of vessels authorized to 

 flsh in any quarter of 1975 beginning March 1 and ending 

 Feb. 29, 1976. and In any quarter of 1976 beginning 

 March 1 and ending Feb. 28. 1977. 



Subsec. (f). Pub. L. 94-58, § 3(b) (2), substituted "The 

 annual fee for a permit shall be $1,115" for "The annual 

 fee for a permit for any year other than 1973 shall be 

 $616", struck out provision for a 1973 permit lee of 

 $1,230 for enforcement services plus not more than $200, 

 as determined by the Secretary, for administrative costs, 

 and proviso for a 1973 permit fee of $615 for enforcement 

 services plus not more than $100 for administrative costs 

 for any vessel first documented in that year or certified 

 as not having been engaged in fishing in the area of 

 agreement in 1972. 



Effective Date of 1975 Amendment 

 Amendment by Pub. L. 94-58 effective 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 Concerning Shrimp, signed 

 on March 14, 1975, see section 4(b) of Pub. L. 94-58. set 

 out as a note under section llOOb of this title. 



Section Referred to in Other Sections 

 This section Is referred to in sections llOOb-2, llOOb-4, 

 llOOb-6 of this title. 



§ llOOb-2. Permit procedure. 



(a) Method and time for application. 



Vessel owners may apply for permits to engage in 

 fishing in the area of agreement. The method and 

 time for application shall be announced in advance 

 in the Federal Register. 



(b) Refusal of application; petition for reconsidera- 

 tion; hearing; final and binding decision. 



The owner of any vessel for which application 

 for a permit is refused may petition the Secretary 

 for reconsideration, and shall be entitled to a hear- 

 ing. The decision of the Secretary rendered in con- 

 nection with such reconsideration shall be final 

 and binding. 



(c) Reissuance of returned permits; fee. 



The Secretary may reissue permits which have 

 been returned pursuant to section UOOb-l of this 

 title, to vessel owners with outstanding applications, 

 who have not been able to obtain permits under 

 the procedure set out in subsection (d) of this 

 section. The fee for such reissued permits shall be 

 the prorated share of the annual fee for the por- 

 tion of the year during which the new permittee 

 holds the permit. 



(d) Procedure for granting permits when application 

 is made for more vessels than the number allowed 

 to be issued. 



If application is made with respect to more ves- 

 sels than the number of permits allowed to be Is- 

 sued under section llOOb-l(a) of this title, the fol- 

 lowing procedure for granting permits shall apply: 



(1) All vessel owners to whom letters of volun- 

 tary compliance have been issued after March 14, 

 1975, pursuant to section llOOb-3 of this title, 

 shall have first priority for permits but only as to 

 vessels covered by such letters. 



(2) After all vessel owners under subparagraph 

 (1) have been considered for permits, all vessel 

 owners who have been engaged in fishing under 

 permits in the area of agreement, after May 9, 

 1972, shall have second priority for permits. How- 

 ever, in no event shall a vessel owner be eligible 

 for receiving a permit under this subsection for a 

 given vessel during the first six months after 

 the effective date described in section 4(b) of the 

 Offshore Shrimp Fisheries Act Amendments of 

 1975, if the Secretary determines that such vessel 

 has engaged in activities during the period from 

 March 14, 1975, to such effective date, which 

 would have constituted a violation specified in 

 section 1100b-6(a) (3) or 1100b-6(a) (5) of this 

 title, but only to the extent section 1100b-6(a) (5) 

 of this title relates to use of fishing gear, fishing 

 vessels and fishing methods, and the closure of 

 the area of agreement to fishing. In the event of 

 any such determination, the vessel owner affected 

 thereby shall be given notice thereof and an op- 

 portunity for a hearing. The decision of the Sec- 

 retary rendered in connection with the hearing 

 shall be final and binding. 



(3) After all vessel owners under subparagraphs 

 (1) and (2) have been considered for Issuance of 

 a permit, all other vessel owners who have made 

 application may be considered for permits. 



If the number of vessels for which application is 

 made in the categories outlined in subparagraph (2) 

 or (3) is more than the number of permits available 

 after having accounted for the vessels in the previous 

 category (or in the case of subparagraph (1), if the 

 number of vessels for which application is made In 

 that category is more than the number of permits 

 available pursuant to the treaty) , then the number 



