§ 1416. Permits
(a)
In general
(1)
Consistent with the regulations issued pursuant to section
1413 of this title, the Secretary shall issue a permit to a vessel of the United States authorizing participation in the International Dolphin Conservation Program and may require a permit for the person actually in charge of and controlling the fishing operation of the vessel. The Secretary shall prescribe such procedures as are necessary to carry out this subsection, including requiring the submission of—
(A)
the name and official number or other identification of each fishing vessel for which a permit is sought, together with the name and address of the owner thereof; and
(B)
the tonnage, hold capacity, speed, processing equipment, and type and quantity of gear, including an inventory of special equipment required under section
1413 of this title, with respect to each vessel.
(2)
The Secretary is authorized to charge a fee for granting an authorization and issuing a permit under this section. The level of fees charged under this paragraph may not exceed the administrative cost incurred in granting an authorization and issuing a permit. Fees collected under this paragraph shall be available to the Under Secretary of Commerce for Oceans and Atmosphere for expenses incurred in granting authorizations and issuing permits under this section.
(b)
Permit sanctions
(1)
In any case in which—
(A)
a vessel for which a permit has been issued under this section has been used in the commission of an act prohibited under section
1417 of this title;
(B)
the owner or operator of any such vessel or any other person who has applied for or been issued a permit under this section has acted in violation of section
1417 of this title; or
(C)
any civil penalty or criminal fine imposed on a vessel, owner or operator of a vessel, or other person who has applied for or been issued a permit under this section has not been paid or is overdue,
the Secretary may—
(2)
In imposing a sanction under this subsection, the Secretary shall take into account—
(3)
Transfer of ownership of a vessel, by sale or otherwise, shall not extinguish any permit sanction that is in effect or is pending at the time of transfer of ownership. Before executing the transfer of ownership of a vessel, by sale or otherwise, the owner shall disclose in writing to the prospective transferee the existence of any permit sanction that will be in effect or pending with respect to the vessel at the time of transfer.