sideration of other business, shall be decided without debate.

(D) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any fishery agreement resolution shall be decided without debate.

(E) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any fishery agreement resolution shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions in similar circumstances.

(5) FLOOR CONSIDERATION IN THE SENATE.—

(A) A motion in the Senate to proceed to the consideration of any fishery agreement resolution shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.

(B) Debate in the Senate on any fishery agreement resolution and on all debatable motions and appeals in connection therewith shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.

(C) Debate in the Senate on any debatable motion or appeal in connection with any fishery agreement resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover of the motion or appeal and the manager of the resolution, except that if the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. The majority leader and the minority leader, or either of them, may allot additional time to any Senator during the consideration of any debatable motion or appeal, from the time under their control with respect to the applicable fishery agreement resolution.

(D) A motion in the Senate to further limit debate is not debatable. A motion to recommit any fishery agreement resolution is not in order.

SEC. 204.39 PERMITS FOR FOREIGN FISHING.

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(a) IN GENERAL.-After February 28, 1977, no foreign fishing vessel shall engage in fishing within the exclusive economic zone or for anadromous species or Continental Shelf fishery resources beyond such zone, unless such vessel has on board a valid permit issued under this section for such vessel.

(b) APPLICATIONS AND PERMITS UNDER GOVERNMENT INTERNATIONAL FISHERY AGREEMENTS.

(1) ELIGIBILITY.-Each foreign nation with which the United States has entered into a governing international fishery agreement shall submit an application to the Secretary of

State each year for a permit for each of its fishing vessels that wishes to engage in fishing described in subsection (a).40 No permit issued under this section may be valid for longer than a year; and section 558(c) of title 5, United States Code, does not apply to the renewal of any such permit.

(2) FORMS.-The Secretary, in consultation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, shall prescribe the forms for permit applications submitted under this subsection and for permits issued pursuant to any such application.

(3) CONTENTS.-Any application made under this subsection shall specify

(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;

(B) the tonnage, hold 41 capacity, speed, processing equipment, type and quantity of fishing gear, and such other pertinent information with respect to characteristics of each such vessel as the Secretary may require;

(C) each fishery in which each such vessel wishes to fish; (D) 42 the estimated amount of tonnage of fish which will be caught, taken, or harvested in each such fishery by each such vessel during the time the permit is in force;

(E) 43 the amount or tonnage of United States harvested fish, if any, which each such vessel proposes to receive at sea from vessels of the United States;

(F) 43 the ocean area in which, and the season or period during which, such fishing will be conducted; and

(G) 44 all applicable vessel safety standards imposed by the foreign country, and shall include written certification that the vessel is in compliance with those standards, 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 requirements of paragraph (3), the Secretary of State shall publish a notice of receipt of the application in the Federal Register. Any such notice shall summarize the contents of the applications from each nation included therein with respect to the matters described in paragraph (3).45 The Secretary of State 46 shall promptly transmit

(A) such application, together with his comments and recommendations thereon, to the Secretary;

40 The sentence following this note was added by sec. 102(1) of Public Law 99-659 (100 Stat. 3707).

41 Sec. 3(1) of Public Law 97-453 (96 Stat. 2483) inserted the word "hold".

42 Subpar. (D) was amended and restated by sec. 4(5)(A) of Public Law 95-354 (92 Stat. 520). 43 Sec. 4(5)(B) of Public Law 95-520 (92 Stat. 520) redesignated subpar. (E) as (F) and added a new subpar. (E).

44 Subpar. (G) was added by sec. 103(b)(3) of Public Law 99-659 (100 Stat. 3709).

45 The words "and shall be set forth under the name of each Council to which it will be transmitted for comment" which previously appeared at this point, were struck out by sec. 3(2) of Public Law 97-453 (96 Stat. 2483).

46 The words to this point beginning with "a notice of receipt ・・ were substituted in lieu of the words "such application in the Federal Register and" by sec. 4(6) of Public Law 95-354 (92 Stat. 520).

(B) 47 a copy of the application to the Secretary of the department in which the Coast Guard is operating; and

(C) 47 a copy or a summary of the application to the appropriate council,

(5) ACTION BY COUNCIL.-After receiving a copy or summary of an application under paragraph (4)(C), the Council may 48 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 received by the Council and may include recommendations with respect to approval of the application and, if approval is recommended, with respect to appropriate conditions and restrictions thereon. Any interested person may submit comments 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.-(A) 49 After receipt of any application 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 recommendations of such Secretaries, and any comments submitted by any Council under paragraph (5), may approve, subject to subparagraph (B) 45 the application, if he determines that the fishing described in the application will meet the requirements of this Act 50 or he may disapprove all or any portion of the application.

(B) 49 (i) In the case of any application which specifies that one or more foreign fishing vessels propose to receive at sea United States harvested fish from vessels of the United States, the Secretary may approve the application unless the Secretary determines, on the basis of the views, recommendations, and comments referred to in subparagraph (A) and other pertinent information, that United States fish processors have adequate capacity, and will utilize such capacity, to process all United States harvested fish from the fishery concerned.

(ii) The amount or tonnage of United States harvested fish which may be received at sea during any year by foreign fishing vessels under permits approved under this paragraph may

47 Subpars. (B) and (C) were amended and restated by sec. 3(3) of Public Law 97-453 (96 Stat. 2483). They previously read as follows:

"(B) a copy of the application to each appropriate Council and to the Secretary of the department in which the Coast Guard is operating; and

"(C) a monthly summary of foreign fishing applications including a report on approval applications as described in paragraphs (6) and (7) to the Committee on Merchant Marine and Fisheries of the House of Representatives and to the Committees on Commerce and Foreign Relations of the Senate.".

The requirement for the summary mentioned in subpar. (C) to be provided on a monthly basis had previously been added by sec. 208 of Public Law 96-470 (94 Stat. 2245).

48 The words to this point in par. (5) were substituted in lieu of the words "After receipt of an application transmitted under paragraph (4)(B), each appropriate Council shall" by sec. 3(4) of Public Law 97-453 (96 Stat. 2483).

49 Sec. 4(7) of Public Law 95-354 (92 Stat. 520) designated the first paragraph of par. (6) as subpar. (A), added the words "subject, to subparagraph (B)," and also added the text of subpar. (B).

so The words following this note to the end of the sentence were added by sec. 102(3) of Public Law 99-659 (100 Stat. 3707).

not exceed that portion of the optimum yield of the fishery concerned which will not be utilized by the United States fish processors.

(iii) In deciding whether to approve any application under this subparagraph, the Secretary may take into account, with respect to the foreign nation concerned, such other matters as the Secretary deems appropriate.

(7) ESTABLISHMENT OF CONDITIONS AND RESTRICTIONS.-The Secretary shall establish conditions and restrictions which shall be included in each permit issued pursuant to any application approved 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 applicable 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 fishery vessel for which it is issued. (C) The requirements described in section 201(c) (1), (2), and (3).

(D) 51 If the permit is issued other than pursuant to an application approved under paragraph (6)(B), the restriction that the foreign fishing vessel may not receive at sea United States harvested fish vessels of the United States.

(E) 51 If the permit is issued pursuant to an application approved under paragraph (6)(B), the maximum amount or tonnage of United States harvested fish which may be received at sea from vessels of the United States.

(F) 51 Any other condition and restriction related to fishery conservation and management which the Secretary prescribes as necessary and appropriate.

(8) NOTICE OF APPROVAL.-The Secretary shall promptly transmit a copy of each application approved under paragraph (6) and the conditions and restrictions established under paragraph (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; and

(C) any Council which has authority over any fishery specified in such application.52

(9) DISAPPROVAL OF APPLICATIONS.-If the Secretary does not approve any application submitted by a foreign nation under this subsection, he shall promptly inform the Secretary of State of the disapproval and his reason therefor. The Secretary of State shall notify such foreign nation of the disapproval and

51 Sec. 4(8) of Public Law 95-354 (92 Stat. 521) redesignated subpar. (D) as (F) and added new subpars. (D) and (E).

52 A former subpar. (D), which previously appeared at this point and had required a copy of each application approved also be submitted to the Senate Foreign Relations Committee and the House Merchant Marine and Fisheries Committee, was struck out by sec. 111(b) of Public Law 96-470 (94 Stat. 2239).

the reasons therefor. Such foreign nation, after taking into consideration the reasons for disapproval, may submit a revised application under this subsection.

(10) 53 FEES.-Fees shall be paid to the Secretary by the owner or operator of any foreign fishing vessel for which a permit is issued pursuant to this subsection. The Secretary, in consultation with the Secretary of State, shall establish a schedule of such fees which shall apply nondiscriminatorily to each foreign nation. The fees imposed under this paragraph shall be at least in an amount sufficient to return to the United States an amount which bears to the total cost of carrying out the provisions of this Act (including, but not limited to, fishery conservation and management, fisheries research administration, and enforcement, but excluding costs for observers covered by surcharges under section 201(i)(4)) during each fiscal year the same ratio as the aggregate quantity of fish harvested by foreign fishing vessels within the exclusive economic zone during the preceding year bears to the aggregate quantity of fish harvested by both foreign and domestic fishing vessels within such zone and the territorial waters of the United States during such preceding year. The amount collected by the Secretary under this paragraph shall be transferred to the fisheries loan fund established under section 4 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742c) for so long as such fund exists and used for the purpose of making loans therefrom, but only to the extent and in amounts provided for in advance in appropriation Acts.

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(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 Secretary of State shall promptly transmit such notification to the Secretary. Upon payment of the applicable 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) 54 SANCTIONS.-If any foreign fishing vessel has been used in the commission of any act prohibited by section 307, or if the owner or operator of the vessel has committed such an act, the Secretary 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

(i) revoke such permit, if any, issued for the vessel under this subsection, with or without prejudice to the right of the foreign nation involved to obtain a permit for such vessel in any subsequent year;

53 Sec. 232(b) of Public Law 96-561 (94 Stat. 3298) amended and restated par. (10), effective after 1981. Sec. 232(a) of Public Law 96-561 had amended the existing text of par. (10) providing interim fees for permits during 1981 only. This amendment was then superseded by the amendment contained in sec. 232(b) of that Act.

54 Par. 12 was comprehensively amended and restated by sec. 102(4) of Public Law 99-659 (100 Stat. 3707).