[Federal Register Volume 61, Number 99 (Tuesday, May 21, 1996)]
[Proposed Rules]
[Pages 25443-25475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12447]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 246, 280, 281, 282, 298, 299, 300, 301, 371, 380, and
695
[Docket No. 960419115-6115-01; I.D. 032196A]
RIN 0648-AI22
International Fisheries; Consolidation of Regulations
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to consolidate 10 CFR parts into one part that
would contain regulations governing international fisheries in the U.S.
Exclusive Economic Zone (EEZ) and on the high seas. All but one of the
consolidated parts implement an international agreement, convention, or
treaty to which the United States is a party. The consolidated text
would be reorganized into a more logical and cohesive order,
duplicative and outdated provisions would be eliminated, and editorial
changes would be made for readability, clarity, and uniformity.
Framework procedures would be added for the specifications of annual
management measures under two parts. In addition, an obsolete CFR part
would be removed. The purpose of this proposed rule is to make the
regulations more concise, better organized and, therefore, easier for
the public to use. This proposed action is part of the President's
Regulatory Reinvention Initiative.
DATES: Comments must be received on or before June 14, 1996.
[[Page 25444]]
ADDRESSES: Comments should be sent to Robert Gorrell, Office of
Fisheries Conservation and Management, NMFS, 1315 East-West Highway,
Silver Spring, MD 20910. Comments regarding burden-hour estimates or
other aspects of the collection-of-information requirements contained
in this rule should be sent to Robert Gorrell at the above address and
to the Office of Information and Regulatory Affairs, Office of
Management and Budget, Washington, DC 20503 (Attention: NOAA Desk
Officer).
FOR FURTHER INFORMATION CONTACT: Robert Gorrell, 301-713-2343.
SUPPLEMENTARY INFORMATION:
Background
In March 1995, President Clinton issued a directive to Federal
agencies regarding their responsibilities under his Regulatory
Reinvention Initiative. This initiative is part of the National
Performance Review and calls for comprehensive regulatory reform. The
President directed all agencies to undertake a review of all their
regulations, with an emphasis on eliminating or modifying those that
are obsolete, duplicative, or otherwise in need of reform. This
proposed rule is intended to carry out the President's directive with
respect to those regulations governing international fisheries, other
than whaling and Atlantic highly migratory species, under the
jurisdiction of NMFS.
Consolidation of regulations into one CFR part (50 CFR part 300).
Currently, regulations governing international fisheries, other than
whaling and Atlantic highly migratory species, are contained in 11
separate parts of title 50 of the CFR. NMFS is proposing to remove nine
of the parts (parts 246 (Marking of Containers or Packages), 280
(Pacific Tuna Fisheries), 282 (South Pacific Tuna Fisheries), 298
(United States-Canada Fisheries Enforcement Agreement), 299 (U.S.
Nationals Fishing in the Russian Fisheries), 301 (Pacific Halibut
Fisheries), 371 (Fraser River Sockeye and Pink Salmon Fisheries), 380
(Antarctic Marine Living Resources Convention Act of 1984), and 695
(Vessels of the United States Fishing in Columbian Treaty Waters)) and
to consolidate the regulations contained therein with the existing
regulations in part 300 (High Seas Fisheries). NMFS also is proposing
to eliminate part 281 (Restrictions on Tuna Imports) as no longer
necessary. The consolidated regulations would provide the public with a
single reference source for the regulations applying to international
fisheries. Consolidation would result in one set of regulations that is
more concise, clearer, and easier to use than the existing regulations
found in 11 separate parts.
Reorganization of measures within the consolidated regulations and
elimination of obsolete or duplicative provisions. NMFS proposes to
simplify and shorten all the existing international fisheries
regulations and recodify these in part 300. A subpart A containing
general provisions would be created with a separate subpart (subparts B
through K) for each of the 10 parts being consolidated. Because
portions of the existing regulations contain identical or nearly
identical provisions, this rule would combine and restructure text.
Regulatory language would be revised to improve clarity and
consistency.
Duplicative and obsolete provisions would be removed. Terms and
other regulatory provisions believed to be nonessential also would be
removed. No substantive changes, except for those specifically
identified below, are intended.
This proposed rule includes five types of substantive revisions.
First, proposed subpart A--General includes a definitions section
(Sec. 300.2). The standard for inclusion under general definitions is
that the term have general applicability throughout the part. All these
terms were moved from one or more of the existing parts that would be
consolidated. Where a term was defined similarly in two or more
existing parts, a single definition was selected for inclusion in
Sec. 300.2. Consequently, definitions for some parts have been modified
slightly, while others are newly applicable. Some terms in subpart A
are defined differently in certain other subparts. In those instances,
the definition of the term as set forth in the program subpart applies
therein, rather than the definition contained in the general subpart.
Second, proposed subpart A--General includes both a general
prohibitions section (Sec. 300.4) and a facilitation of enforcement
section (Sec. 300.5). The prohibitions and facilitation of enforcement
sections contain provisions that are generally applicable to many
situations. One group of prohibitions deals with the protection of
authorized officers and observers, another group insures the validity
of information and recordkeeping and assists in investigations, another
protects against destruction of evidence, and another prohibits the
transportation or possession of illegally obtained living marine
resources. The prohibitions in the other subparts contain prohibitions
that are specific to each subpart. The facilitation of enforcement
provisions are grouped by compliance assurance, communications,
boarding, and signals. Some subparts have their own facilitation of
enforcement provisions that are specific to each subpart. The general
provisions were drawn from several of the existing parts that would be
consolidated; however, these provisions are newly applicable for most
subparts.
Third, proposed subpart E--Pacific Halibut Fisheries would greatly
reduce the existing Pacific halibut regulations by eliminating from
codification all but one of the existing sections containing management
measures and substituting a new International Pacific Halibut
Commission (IPHC) annual management measures section (Sec. 300.62) and
a new catch sharing plan and domestic management section (Sec. 300.63).
Many of the definitions also would be removed from codification, as
those terms would no longer be used in codified text. The IPHC annual
management measures section would establish a procedure for the
Assistant Administrator for Fisheries, NMFS (Assistant Administrator),
to publish the IPHC regulations by single notice in the Federal
Register. The catch sharing plan section would establish a procedure
for the Assistant Administrator and the appropriate Regional Fishery
Management Council to develop plans to apportion catch limits adopted
by the IPHC and implement domestic management measures by preliminary
and final notices in the Federal Register. A prohibitions section would
be added to make it unlawful to fish for halibut except in accordance
with the IPHC's annual management measures or in accordance with the
Assistant Administrator's catch sharing plans and implementing
management measures. The one existing section that would remain
codified concerns fishing by U.S. treaty Indian tribes (Sec. 300.64).
All those management measures adopted by the IPHC and NMFS and
currently in effect (as codified in the current 50 CFR part 301 with
1996 revisions published at 61 FR 11337, March 20, 1996) would continue
in effect until replaced by management measures in 1997 to be published
in the Federal Register pursuant to Secs. 300.62 and 300.63 proposed by
this rule. This substantive change is discussed in more detail below.
Fourth, proposed subpart H--Antarctic Marine Living Resources would
establish a framework procedure by which NMFS would publish annual
management measures by single notice in the Federal Register, rather
than by codified rules. These management
[[Page 25445]]
measures are modified annually and need not be codified. All those
management measures adopted by the Commission for the Conservation of
Antarctic Marine Living Resources (Commission) and published on March
5, 1996 (61 FR 8483), as well as other Commission measures still in
effect, would continue in effect until replaced by management measures
in 1997 to be published in the Federal Register under the proposed
framework procedures at Sec. 300.111. This substantive change is
discussed in more detail below.
Fifth, the requirements of part 281--Restrictions on Tuna Imports
are proposed for elimination because they are no longer necessary. For
approximately 2 decades, there have not been yellowfin quotas under the
Convention for the Establishment of an Inter-American Tropical Tuna
Commission that the part 281 regulations were designed to address. If
there were a need in the future for a tuna quota regime under the
Inter-American Tropical Tuna Commission, there would be adequate time
to implement such a regulatory scheme. No quotas are expected in the
foreseeable future.
Decodification of the IPHC's Regulations and NMFS's Catch Sharing
Regulations. Proposed subpart E contains an annual management measures
section that explains the process for NMFS publishing IPHC's annual
management measures by single notice, with immediate regulatory effect,
in the Federal Register. The annual management measures would need to
be published by March 15. In addition, the IPHC makes its regulations
available to fishermen in handbook form. Presently, IPHC's regulations
are codified. Of the current codified domestic halibut management
sections, only one section (Fishing by U.S. Treaty Indian Tribes) would
be retained.
Proposed subpart E also contains a catch sharing plan section that
explains implementation of catch sharing plans. It explains the two
notice process for NMFS to implement management measures under the area
2A catch sharing plan. The preliminary notice of management measures
would need to be published by January 1. The public would be provided a
comment period that extends until after the annual IPHC meeting when
the final catch limits are announced. The measures will then be
published in a final notice, with immediate regulatory effect.
By decodifying the IPHC regulations and NMFS's catch sharing
regulations, the administration of the management program would be
improved and the potential for confusion would be avoided.
The parties to the Convention between the United States and Canada
for the Preservation of the Halibut Fishery of the Northern Pacific
Ocean and Bering Sea convene an annual meeting in January. At the
annual meeting the Commission adopts final catch limits and other
management measures after considering staff and industry
recommendations and public testimony. These measures generally are
revised annually. Because title 50 CFR is published only once a year,
reflecting measures in effect as of the preceding October 1, many of
the measures would have been superseded and conceivably could cause
confusion. Also, the Office of the Federal Register prefers not to
codify regulations with limited effect, i.e., generally a year or less.
Establishment of broad framework procedures for future Antarctic
regulatory changes. Proposed subpart G contains framework procedures to
implement annual management measures by regulatory notice. By
establishing a framework for implementing management measures that are
adopted annually by the Commission and agreed to by the United States,
the administration of the management program would be improved, the
potential for confusion would be avoided, and the codification of
regulations would be reduced.
The parties to the Convention on the Conservation of Antarctic
Marine Living Resources meet annually to adopt conservation and other
management measures to govern fishing and related activities to be
conducted in the Antarctic region. Following the conclusion of the
meeting, the Secretary of State publishes a document for public
comment, in the Federal Register, of the measures adopted by the
Commission. If the United States does not object to the measures within
90 days of notification by the Commission, the United States is bound
by those measures. After considering any public comment on the
measures, the Assistant Administrator publishes a final rule codifying
the management measures. These measures generally have a limited effect
of approximately 1 year, when measures for the succeeding year
supersede current measures. Therefore codification is not necessary and
could cause confusion. Further, the Office of the Federal Register
prefers not to codify regulations with limited effect. Under the
framework proposed in this rule, notification of annual measures would
be published in the Federal Register, and would have force and effect
until superseded by the next year's notice, unless otherwise modified
or withdrawn.
References to Other Proposed Rules. NMFS, in another rulemaking
published May 1, 1996, at 61 FR 19390, proposed to consolidate general
provisions of the Magnuson Fishery Conservation and Management Act into
50 CFR part 600. Because some of the general provisions to be
consolidated into part 600 apply to several international fisheries
regulations proposed for consolidation in this rule, the regulatory
text in this rule includes references to the consolidated part 600,
rather than to existing codified text.
Request for comments. NMFS specifically requests comments or
suggestions for further consolidation or elimination of obsolete or
duplicative provisions contained in the proposed revision to
international fisheries regulations.
Under NOAA Administrative Order 205-11, 7.01, dated December 17,
1990, the Under Secretary for Oceans and Atmosphere has delegated, to
the Assistant Administrator, the authority to sign material for
publication in the Federal Register.
Classification
This proposed rule has been determined to be not significant for
the purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities. The proposed consolidations and revisions to the
existing regulatory text are intended to make the regulations more
concise, better organized, and easier for the public to use and would
have little or no economic impact on any small entities. Applying
selected prohibitions and facilitation of enforcement provisions to all
subparts could result in improved enforcement of the regulations, but
are not expected to change fishing practices, costs, or revenues. As a
result, a regulatory flexibility analysis was not prepared.
This proposed rule contains collection-of-information requirements
subject to the Paperwork Reduction Act (PRA) that were previously
approved by the Office of Management and Budget.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with a collection of information, subject to the
requirements of the PRA, unless
[[Page 25446]]
that collection of information displays a currently valid OMB Control
Number.
The following collection-of-information requirements have been
approved by OMB for international fisheries regulations under the
following approval numbers:
(a) Approved under 0648-0304--High seas fisheries, vessel permits
(Sec. 300.13), estimated at .5 hours per response.
(b) Approved under 0648-0148--Pacific tuna fisheries, yellowfin
tuna recordkeeping and written reports (Sec. 300.22), estimated at .1
hours per response.
(c) Approved under 0648-0202--Pacific bluefin tuna dealer permits
(Sec. 300.24), estimated at .083 hours per response.
(d) Approved under 0648-0239--Pacific bluefin tuna dealer
recordkeeping and reporting (Sec. 300.25), estimated at .25 hours per
response.
(e) Approved under 0648-0239-- Pacific tuna fisheries, Pacific
bluefin tuna affixing of tags (Sec. 300.26(c)), estimated at .017 hours
per response.
(f) Approved under 0648-0239-- Pacific tuna fisheries, Pacific
bluefin tuna removal of tags (Sec. 300.26(d)), estimated at .017 hours
per response.
(g) Approved under 0648-0218--South Pacific tuna fisheries, vessel
licenses (Sec. 300.32), estimated at .25 hours per response.
(h) Approved under 0648-0306--South Pacific tuna fisheries,
reporting requirements (Sec. 300.34), estimated at .25 hours per
marking.
(i) Approved under 0648-0306--South Pacific tuna fisheries, vessel
and gear identification (Sec. 300.35), estimated at .25 hours per
marking.
(j) Approved under 0648-0194--Antarctic marine living resources,
procedure for according protection to CCAMLR ecosystem monitoring
program sites, general (Sec. 300.103(a)), estimated at 1 hour per
response.
(k) Approved under 0648-0194--Antarctic marine living resources,
scientific research (Sec. 300.104(d)), estimated at 80 hours per
response.
(l) Approved under 0648-0194--Antarctic marine living resources,
scientific research (Sec. 300.104(e)), estimated at .25 hours per
response.
(m) Approved under 0648-0194--Antarctic marine living resources,
initiating a new fishery (Sec. 300.105(c)), estimated at 16 hours per
response.
(n) Approved under 0648-0194--Antarctic marine living resources,
exploratory fishing (Sec. 300.106(e)), estimated at 40 hours per
response.
(o) Approved under 0648-0306--Antarctic marine living resources,
vessel identification (Sec. 300.108(a)), estimated at .25 hours per
marking.
(p) Approved under 0648-0305--Antarctic marine living resources,
gear identification (Sec. 300.108(c)), estimated at .25 hours per
marking.
(q) Approved under 0648-0194--Antarctic marine living resources,
harvesting permits (Sec. 300.112), estimated at .5 hours per response.
(r) Approved under 0648-0194--Antarctic marine living resources,
import permits (Sec. 300.113), estimated at .5 hours per response.
(s) Approved under 0648-0205--Vessels of the United States fishing
in Colombian Treaty waters, certificates and permits (Sec. 300.123),
estimated at .33 hours per response.
(t) Approved under 0648-0016--Vessels of the United States fishing
in Colombian Treaty waters, recordkeeping and reporting
(Sec. 300.124(b)), estimated at .22 hours per response.
(u) Approved under 0648-0306--Vessels of the United States fishing
in Colombian Treaty waters, vessel identification (Sec. 300.125),
estimated at .25 hours per marking.
(v) Approved under 0648-0228--U.S. nationals fishing in Russian
fisheries, permit procedures (Sec. 300.152), estimated at .5 hours per
response.
(w) Approved under 0648-0228--U.S. nationals fishing in Russian
fisheries, permit issuance, copies (Sec. 300.153(b)), estimated at .167
hours per response.
(x) Approved under 0648-0228--U.S. nationals fishing in Russian
fisheries, recordkeeping and reporting, vessel permit abstract report
(Sec. 300.154(b)), estimated at .5 hours per response.
(y) Approved under 0648-0228--U.S. nationals fishing in Russian
fisheries, recordkeeping and reporting, activity reports
(Sec. 300.154(c)), estimated at .5 hours per response.
(z) Approved under 0648-0228--U.S. nationals fishing in Russian
fisheries, recordkeeping and reporting, recordkeeping
(Sec. 300.154(d)), estimated at .083 hours per response.
The estimated response times shown include the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding burden estimates, or
any other aspect of the data requirements, including suggestions for
reducing the burden, to NMFS and OMB (see ADDRESSES).
List of Subjects
50 CFR Part 246
Exports, Fish, Imports, Labeling, Reporting and recordkeeping
requirements, Transportation, Wildlife.
50 CFR Parts 280 and 282
Fisheries, Reporting and recordkeeping requirements, Treaties.
50 CFR Part 281
Fisheries, Imports, Treaties.
50 CFR Part 298
Canada, Fisheries, Treaties.
50 CFR Part 299
Fisheries, Reporting and recordkeeping requirements, Russian
Federation, Treaties.
50 CFR Part 300
Fisheries, High seas fishing, International agreements, Reporting
and recordkeeping requirements, Permits.
50 CFR Parts 301 and 695
Fisheries, Fishing, Reporting and recordkeeping requirements,
Treaties.
50 CFR Part 371
Canada, Fisheries, Fishing, Indians, Treaties.
50 CFR Part 380
Administrative practice and procedure, Antarctica, Fish, Imports,
Marine resources, Reporting and recordkeeping requirements, Treaties,
Wildlife.
Dated: May 13, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, chapters II, III, and VI
are proposed to be amended as follows:
CHAPTER II--NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE
PARTS 246, 280, 281, 282, 298, AND 299 [REMOVED]
1. Under the authority of 16 U.S.C. 3371-3378, 16 U.S.C. 951-961
and 971 et seq., 16 U.S.C. 973-973r, and 16 U.S.C. 1801 et seq., 50 CFR
parts 246, 280, 281, 282, 298, and 299 are removed and subchapter L is
vacated.
2. Chapter III is revised to read as follows:
CHAPTER III--INTERNATIONAL FISHING AND RELATED ACTIVITIES
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart A--General
Sec.
300.1 Purpose and scope.
300.2 Definitions.
300.3 Relation to other laws.
300.4 General prohibitions.
300.5 Facilitation of enforcement.
[[Page 25447]]
Subpart B--High Seas Fisheries
300.10 Purpose.
300.11 Definitions.
300.12 Issuing offices.
300.13 Vessel permits.
300.14 Vessel and gear identification. [Reserved]
300.15 Prohibitions.
300.16 Penalties.
300.17 Reporting and recordkeeping. [Reserved]
Subpart C--Pacific Tuna Fisheries
300.20 Purpose and scope.
300.21 Definitions.
300.22 Yellowfin Tuna--Recordkeeping and written reports.
300.23 Yellowfin Tuna--Persons and vessels exempted.
300.24 Pacific Bluefin Tuna--Dealer permits.
300.25 Pacific Bluefin Tuna--Dealer recordkeeping and reporting.
300.26 Pacific Bluefin Tuna--Tags.
300.27 Pacific Bluefin Tuna--Documentation requirements.
300.28 Pacific Bluefin Tuna--Prohibitions.
Subpart D--South Pacific Tuna Fisheries
300.30 Purpose and scope.
300.31 Definitions.
300.32 Vessel licenses.
300.33 Compliance with applicable national laws.
300.34 Reporting requirements.
300.35 Vessel and gear identification.
300.36 Closed area stowage requirements.
300.37 Radio monitoring.
300.38 Prohibitions.
300.39 Exceptions.
300.40 Civil penalties.
300.41 Investigation notification.
300.42 Findings leading to removal from fishing area.
300.43 Observers.
300.44 Other inspections.
Subpart E--Pacific Halibut Fisheries
300.60 Purpose and scope.
300.61 Definitions.
300.62 Annual management measures.
300.63 Catch sharing plans and domestic management measures.
300.64 Fishing by U.S. treaty Indian tribes.
300.65 Prohibitions.
Subpart F--Fraser River Sockeye and Pink Salmon Fisheries
300.90 Purpose and scope.
300.91 Definitions.
300.92 Relation to other laws.
300.93 Reporting requirements.
300.94 Prohibitions and restrictions.
300.95 Treaty Indian fisheries.
300.96 Penalties.
300.97 Inseason orders.
Subpart G--Antarctic Marine Living Resources
300.100 Purpose and scope.
300.101 Definitions.
300.102 Relationship to other treaties, conventions, laws, and
regulations.
300.103 Procedure for according protection to CCAMLR Ecosystem
Monitoring Program Sites.
300.104 Scientific research.
300.105 Initiating a new fishery.
300.106 Exploratory fisheries.
300.107 Reporting and recordkeeping requirements.
300.108 Vessel and gear identification.
300.109 Gear disposal.
300.110 Mesh size.
300.111 Framework for annual management measures.
300.112 Harvesting permits.
300.113 Import permits.
300.114 Appointment of a designated representative.
300.115 Prohibitions.
300.116 Facilitation of enforcement and inspection.
300.117 Penalties.
Figure 1 to Subpart G--Boundaries of the Statistical Reporting
Area in the Southern Ocean
Figure 2 to Subpart G--The Use of Streamer Lines to Minimize the
Incidental Mortality of Seabirds in the Course of Longline Fishing
or Longline Fishing Research Operations in the Convention Area
Subpart H--Vessels of the United States Fishing in Colombian Treaty
Waters
300.120 Purpose.
300.121 Definitions.
300.122 Relation to other laws.
300.123 Certificates and permits.
300.124 Recordkeeping and reporting.
300.125 Vessel identification.
300.126 Prohibitions.
300.127 Facilitation of enforcement.
300.128 Penalties.
300.129 Fishing year.
300.130 Vessel and gear restrictions.
300.131 Conch harvest limitations.
300.132 Lobster harvest limitations.
Subpart I--United States-Canada Fisheries Enforcement
300.140 Purpose and scope.
300.141 Definitions.
300.142 Prohibitions.
300.143 Facilitation of enforcement.
300.144 Penalties and sanctions.
Subpart J--U.S. Nationals Fishing in Russian Fisheries
300.150 Purpose.
300.151 Definitions.
300.152 Procedures.
300.153 Permit issuance.
300.154 Recordkeeping and reporting.
300.155 Requirements.
300.156 Prohibited acts.
300.157 Penalties.
Subpart K--Transportation and Labeling of Fish or Wildlife
300.160 Requirement for marking of containers or packages.
300.161 Alternatives and exceptions.
Subpart A--General
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 951-961 and 971 et
seq.; 16 U.S.C. 973-973r; 16 U.S.C. 2431 et seq.; 16 U.S.C. 3371-
3378; 16 U.S.C. 3636(b); 16 U.S.C. 5501 et seq.; and 16 U.S.C. 1801
et seq.
Sec. 300.1 Purpose and scope.
The purpose of this part is to implement the fishery conservation
and management measures provided for in the international treaties,
conventions, or agreements specified in each subpart, as well as
certain provisions of the Lacey Act Amendments of 1981. The regulations
in this part apply, except where otherwise specified in this part, to
all persons and all places subject to the jurisdiction of the United
States under the acts implemented under each subpart.
Sec. 300.2 Definitions.
In addition to the definitions in each act, agreement, convention,
or treaty specified in subparts B through K of this part, the terms
used in this part have the following meanings:
Assistant Administrator means the Assistant Administrator for
Fisheries, National Oceanic and Atmospheric Administration, Department
of Commerce, or a designee. Address: Room 14555, 1315 East-West
Highway, Silver Spring, MD 20910.
Authorized officer means:
(1) Any commissioned, warrant, or petty officer of the U.S. Coast
Guard; or any U.S. Coast Guard personnel accompanying and acting under
the direction of a commissioned, warrant, or petty officer of the U.S.
Coast Guard;
(2) Any special agent or fisheries enforcement officer of NMFS; or
(3) Any person designated by the head of any Federal or state
agency that has entered into an agreement with the Secretary of
Commerce or the Commandant of the U.S. Coast Guard to enforce the
provisions of any statute administered by the Secretary.
CCAMLR inspector means a person designated by a member of the
Commission for the Conservation of Antarctic Marine Living Resources as
an inspector under Article XXIV of the Convention on the Conservation
of Antarctic Marine Living Resources to verify compliance with measures
in effect under the Convention.
Director, Alaska Region, means Director, Alaska Region, NMFS, 709
West Ninth Street, Suite 401, P.O. Box 21668, Juneau, AK 99802, or a
designee.
Director, Northeast Region, means Director, Northeast Region, NMFS,
One Blackburn Drive, Gloucester, MA 01930-2298, or a designee.
Director, Northwest Region, means Director, Northwest Region, NMFS,
7600 Sand Point Way, NE., BIN C15700, Bldg. 1, Seattle, WA 98115, or a
designee.
Director, Southeast Fisheries Science Center, means Director,
Science and Research, Southeast Fisheries Science
[[Page 25448]]
Center, NMFS, 75 Virginia Beach Drive, Miami, FL 33149, or a designee.
Director, Southeast Region, means Director, Southeast Region, NMFS,
9721 Executive Center Drive, N., St. Petersburg, FL 33702, or a
designee.
Director, Southwest Region, means Director, Southwest Region, NMFS,
501 West Ocean Boulevard, Suite 4200, Long Beach, CA 90802-4213, or a
designee.
Exclusive Economic Zone or EEZ means the zone established by
Presidential Proclamation 5030, dated March 10, 1983, as defined in 16
U.S.C. 1802(6).
Fishing or to fish means:
(1) The catching or taking of fish;
(2) The attempted catching or taking of fish;
(3) Any other activity that can reasonably be expected to result in
the catching or taking of fish; or
(4) Any operations at sea in support of, or in preparation for, any
activity described in paragraphs (1) through (3) of this definition.
Fishing vessel means any vessel, boat, ship, or other craft that is
used for, equipped to be used for, or of a type normally used for
fishing.
IATTC means the Inter-American Tropical Tuna Commission,
established pursuant to the Convention for the Establishment of an
Inter-American Tropical Tuna Commission.
Import means to land on, bring into, or introduce into, or attempt
to land on, bring into, or introduce into, any place subject to the
jurisdiction of the United States, whether or not such landing,
bringing, or introduction, constitutes an importation within the
meaning of the customs laws of the United States.
IRCS means International Radio Call Sign.
Magnuson Act means the Magnuson Fishery Conservation and Management
Act, 16 U.S.C. 1801 et seq.
National of the United States or U.S. national means any person
subject to the jurisdiction of the United States, including, but not
limited to, a citizen or resident of the United States, or a person
employed on a vessel of the United States. In the case of a
corporation, partnership or other non- natural person, this includes,
but is not limited to, any entity that is the owner of a vessel of the
United States.
NMFS means the National Marine Fisheries Service, NOAA, Department
of Commerce.
NMFS Headquarters means NMFS, 135 East-West Highway, Silver Spring,
MD 20910. Attention: Office of Fisheries Conservation and Management.
Official number means the documentation number issued by the USCG
or the certificate number issued by a state or the USCG for an
undocumented vessel, or any equivalent number if the vessel is
registered in a foreign nation.
Operator means, with respect to any vessel, the master or other
individual aboard and in charge of that vessel.
Owner means, with respect to any vessel:
(1) Any person who owns that vessel in whole or part (whether or
not the vessel is leased or chartered);
(2) Any charterer of the vessel, whether bareboat, time, or voyage;
(3) Any person who acts in the capacity of a charterer, including
but not limited to parties to a management agreement, operating
agreement, or any similar agreement that bestows control over the
destination, function, or operation of the vessel; or
(4) Any agent designated as such by a person described in this
definition.
Person means any individual (whether or not a citizen or national
of the United States), any corporation, partnership, association, or
other entity (whether or not organized, or existing under the laws of
any state), and any Federal, state, local, or foreign government or any
entity of any such government.
Secretary means the Secretary of Commerce or a designee.
USCG means the United States Coast Guard.
Yellowfin tuna means any fish of the species Thunnus albacares
(synonomy: Neothunnus macropterus).
Sec. 300.3 Relation to other laws.
Other laws that may apply to fishing activities addressed herein
are set forth in Sec. 600.705 of this chapter.
Sec. 300.4 General prohibitions.
It is unlawful for any person subject to the jurisdiction of the
United States to:
(a) Violate the conditions or restrictions of a permit issued under
this part.
(b) Fail to submit information, fail to submit information in a
timely manner, or submit false or inaccurate information, with respect
to any information required to be submitted, reported, communicated, or
recorded pursuant to this part.
(c) Make any false statement, oral or written, to an authorized
officer concerning the catching, taking, harvesting, possession,
landing, purchase, sale, or transfer of fish, or concerning any other
matter subject to investigation by that officer under this part.
(d) Conceal any material fact (including by omission), concerning
any matter subject to investigation by an authorized officer under this
part.
(e) Refuse to allow an authorized officer to inspect any report or
record required to be made or kept under this part.
(f) Falsify, cover, or otherwise obscure, the name, home port,
official number (if any), or any other similar marking or
identification of any fishing vessel subject to this part such that the
vessel cannot be readily identified from an enforcement vessel or
aircraft.
(g) Fail to comply immediately with any of the enforcement and
boarding procedures specified in this part.
(h) Refuse to allow an authorized officer to board a fishing
vessel, or enter any other area of custody (i.e., any vessel, building,
vehicle, live car, pound, pier, or dock facility where fish might be
found) subject to such person's control, for the purpose of conducting
any inspection, search, seizure, investigation, or arrest in connection
with the enforcement of this part or any other applicable law.
(i) Destroy, stave, or dispose of in any manner, any fish, gear,
cargo, or other matter, upon any communication or signal from an
authorized officer of the United States, or upon the approach of such
an officer, enforcement vessel, or aircraft, before the officer has had
the opportunity to inspect same, or in contravention of directions from
such an officer.
(j) Intentionally destroy evidence that could be used to determine
if a violation of this part has occurred.
(k) Assault, resist, oppose, impede, intimidate, threaten,
obstruct, delay, prevent, or interfere, in any manner, with an
authorized officer in the conduct of any boarding, inspection, search,
seizure, investigation, or arrest in connection with enforcement of
this part.
(l) Resist a lawful arrest or detention for any act prohibited by
this part.
(m) Interfere with, delay, or prevent, by any means, the
apprehension, arrest, or detection of another person, knowing that such
person has committed any act prohibited by this part.
(n) Interfere with, obstruct, delay, or prevent, by any means, an
investigation, search, seizure, or disposition of seized property in
connection with enforcement of this part.
(o) Ship, transport, offer for sale, sell, purchase, import,
export, or have custody, control, or possession of, any living marine
resource taken or retained in violation of this part.
(p) Violate any provision of any statute implemented by this part.
(q) Attempt to do any of the foregoing.
[[Page 25449]]
Sec. 300.5 Facilitation of enforcement.
(a) Compliance. The operator of, or any other person aboard, any
fishing vessel subject to this part must immediately comply with
instructions and signals issued by an authorized officer or CCAMLR
inspector to stop the vessel, and with instructions to facilitate safe
boarding and inspection of the vessel, its gear, equipment, fishing
record (where applicable), and catch for purposes of enforcing this
part.
(b) Communications. (1) Upon being approached by a USCG vessel or
aircraft, or other vessel or aircraft with an authorized officer or
CCAMLR inspector aboard, the operator of a fishing vessel must be alert
for communications conveying enforcement instructions.
(2) VHF-FM radiotelephone is the preferred method of communicating
between vessels. If the size of the vessel and the wind, sea, and
visibility conditions allow, a loudhailer may be used instead of the
radio. Hand signals, placards, high frequency radiotelephone, voice,
flags, whistle or horn may be employed by an authorized officer or
CCAMLR inspector, and message blocks may be dropped from an aircraft.
(3) If other communications are not practicable, visual signals may
be transmitted by flashing light directed at the vessel signaled. USCG
units will normally use the flashing light signal ``L'' which, in the
International Code of Signals, means ``you should stop your vessel
instantly.''
(4) Failure of a vessel's operator promptly to stop the vessel when
directed to do so by an authorized officer or CCAMLR inspector, or by
an enforcement vessel or aircraft, using loudhailer, radiotelephone,
flashing light, flags, whistle, horn or other means constitutes prima
facie evidence of the offense of refusal to allow an authorized officer
or CCAMLR inspector to board.
(5) A person aboard a vessel who does not understand a signal from
an enforcement unit and who is unable to obtain clarification by
loudhailer or radiotelephone must consider the signal to be a command
to stop the vessel immediately.
(c) Boarding. The operator of a vessel directed to stop must:
(1) Monitor Channel 16, VHF-FM, if so equipped.
(2) Stop immediately and lay to or, if appropriate and/or directed
to do so by the authorized officer or CCAMLR inspector, maneuver in
such a way as to allow the safe boarding of the vessel by the
authorized officer or CCAMLR inspector and the boarding party.
(3) Except for those vessels with a freeboard of 4 ft (1.25 m) or
less, provide a safe ladder, if needed, for the authorized officer or
CCAMLR inspector and boarding party to come aboard.
(4) When necessary to facilitate the boarding or when requested by
an authorized officer or CCAMLR inspector, provide a manrope or safety
line, and illumination for the ladder.
(5) Take such other actions as necessary to facilitate boarding and
to ensure the safety of the authorized officer or CCAMLR inspector and
the boarding party.
(d) Signals. The following signals, extracted from the
International Code of Signals, may be sent by flashing light by an
enforcement unit when conditions do not allow communications by
loudhailer or radiotelephone. Knowledge of these signals by vessel
operators is not required. However, knowledge of these signals and
appropriate action by a vessel operator may preclude the necessity of
sending the signal ``L'' and the necessity for the vessel to stop
instantly.
(1) ``AA'' repeated (.- .-) is the call to an unknown station. The
operator of the signaled vessel should respond by identifying the
vessel by radiotelephone or by illuminating the vessel's
identification.
(2) ``RY-CY'' (.-. -.- - -.-. -.- -) means ``you should proceed at
slow speed, a boat is coming to you.'' This signal is normally employed
when conditions allow an enforcement boarding without the necessity of
the vessel being boarded coming to a complete stop, or, in some cases,
without retrieval of fishing gear that may be in the water.
(3) ``SQ3'' (... - -.- ...- -) means ``you should stop or heave to;
I am going to board you.''
Subpart B--High Seas Fisheries
Authority: 16 U.S.C. 5501 et seq.
Sec. 300.10 Purpose.
This subpart implements the High Seas Fishing Compliance Act of
1995 (Act), which requires the Secretary to license U.S. vessels
fishing on the high seas.
Sec. 300.11 Definitions.
In addition to the terms defined in Sec. 300.2 and those in the Act
and the Agreement to Promote Compliance with International Conservation
and Management Measures by Fishing Vessels on the High Seas, adopted by
the Conference of the Food and Agriculture Organization of the United
Nations on November 24, 1993 (Agreement), the terms used in this
subpart have the following meanings. If a term is defined differently
in Sec. 300.2, the Act, or the Agreement, the definition in this
section shall apply.
High seas means the waters beyond the territorial sea or exclusive
economic zone (or the equivalent) of any Nation, to the extent that
such territorial sea or exclusive economic zone (or the equivalent) is
recognized by the United States.
High seas fishing vessel means any vessel of the United States used
or intended for use on the high seas for the purpose of the commercial
exploitation of living marine resources as a harvesting vessel,
mothership, or any other support vessel directly engaged in a fishing
operation.
International conservation and management measures means measures
to conserve or manage one or more species of living marine resources
that are adopted and applied in accordance with the relevant rules of
international law, as reflected in the 1982 United Nations Convention
on the Law of the Sea, and that are recognized by the United States.
Regional Director means any one of the Directors of the five NMFS
regional offices, defined under Sec. 300.2, serving as the issuing
office.
Sec. 300.12 Issuing offices.
Any Regional Director may issue permits required under this
subpart. While applicants for permits may submit an application to any
Regional Director, applicants are encouraged to submit their
applications (with envelopes marked ``Attn: HSFCA Permits'') to the
Regional Director with whom they normally interact on fisheries
matters.
Sec. 300.13 Vessel permits.
(a) Eligibility. (1) Except for vessels having unpaid or overdue
civil penalties, criminal fines, or other liabilities incurred in a
judicial proceeding under any statute administered by NOAA, any high
seas fishing vessel of the United States is eligible to receive a
permit under this subpart, unless the vessel was previously authorized
to be used for fishing on the high seas by a foreign nation, and--
(i) The foreign nation suspended such authorization, because the
vessel undermined the effectiveness of international conservation and
management measures, and the suspension has not expired; or
(ii) The foreign nation, within the 3 years preceding application
for a permit under this section, withdrew such authorization, because
the vessel
[[Page 25450]]
undermined the effectiveness of international conservation and
management measures.
(2) The restrictions in paragraphs (a)(1) (i) and (ii) of this
section do not apply if ownership of the vessel has changed since the
vessel undermined the effectiveness of international conservation and
management measures, and the new owner has provided sufficient evidence
to the Regional Director demonstrating that the owner and operator at
the time the vessel undermined the effectiveness of such measures has
no further legal, beneficial, or financial interest in, or control of,
the vessel.
(3) The restrictions in paragraphs (a)(1) (i) and (ii) of this
section do not apply if it is determined by the Regional Director that
issuing a permit would not subvert the purposes of the Agreement.
(b) Application forms. The owner or operator of a high seas fishing
vessel may apply for a permit under this subpart by completing an
application form. Applicants may obtain an application form from a
Regional Director.
(c) Application information. An applicant must submit a complete
and accurate permit application, signed by the owner or operator, to
the appropriate Regional Director.
(d) Fees. NMFS will charge a fee to recover the administrative
expenses of permit issuance. The amount of the fee will be determined
in accordance with the procedures of the NOAA Finance Handbook,
available from a Regional Director, for determining administrative
costs of each special product or service. The fee is specified with the
application form. The appropriate fee must accompany each application.
Failure to pay the fee will preclude issuance of the permit. Payment by
a commercial instrument later determined to be insufficiently funded
will invalidate any permit.
(e) Issuance. (1) Except as provided in subpart D of 15 CFR part
904, the Regional Director will issue a permit, which will include
appropriate conditions or restrictions, within 30 days of receipt of a
completed application and payment of the appropriate fee.
(2) The Regional Director will notify the applicant of any
deficiency in the application.
(f) Validity. Permits issued under this subpart are valid for 5
years from the date of issuance. Renewal of a permit prior to its
expiration is the responsibility of the permit holder. For a permit to
remain valid to its expiration date, the vessel's USCG documentation or
state registration must be kept current. A permit issued under this
subpart is void when the name of the owner or vessel changes, or in the
event the vessel is no longer eligible for U.S. documentation, such
documentation is revoked or denied, or the vessel is removed from such
documentation.
(g) Change in application information. Any changes in vessel
documentation status or other permit application information must be
reported to the Regional Director in writing within 15 days of such
changes.
(h) Transfer. A permit issued under this subpart is not
transferable or assignable to another vessel or owner; it is valid only
for the vessel and owner to which it is issued.
(i) Display. A valid permit, or a copy thereof, issued under this
subpart must be on board the vessel while operating on the high seas
and available for inspection by an authorized officer. Faxed copies of
permits are acceptable.
Sec. 300.14 Vessel and gear identification. [Reserved]
Sec. 300.15 Prohibitions.
In addition to the prohibitions in Sec. 300.4, it is unlawful for
any person to:
(a) Use a high seas fishing vessel on the high seas in
contravention of international conservation and management measures.
(b) Use a high seas fishing vessel on the high seas, unless the
vessel has on board a valid permit issued under Sec. 300.13.
Sec. 300.16 Penalties.
Any person or high seas fishing vessel found to be in violation of
the Act, this subpart, or any permit issued under this subpart will be
subject to the civil and criminal penalty provisions, permit sanctions,
and forfeiture provisions prescribed in the Act, 15 CFR part 904 (Civil
Procedures), and other applicable laws.
Sec. 300.17 Reporting and recordkeeping. [Reserved]
Subpart C--Pacific Tuna Fisheries
Authority: 16 U.S.C. 951-961 and 971 et seq.
Sec. 300.20 Purpose and scope.
The regulations in this subpart implement the Tuna Conventions Act
of 1950 (Act), the Atlantic Tunas Convention Act of 1975, and the IATTC
recommendations for the conservation of yellowfin tuna and the
recommendations of the International Commission for the Conservation of
Atlantic Tunas for the conservation of bluefin tuna, so far as they
affect vessels and persons subject to the jurisdiction of the United
States.
Sec. 300.21 Definitions.
In addition to the terms defined in Sec. 300.2, in the Act, the
Convention for the Establishment of an Inter-American Tropical Tuna
Commission, and the International Convention for the Conservation of
Atlantic Tunas, the terms used in this subpart have the following
meanings. If a term is defined differently in Sec. 300.2, the Act, or
the Conventions, the definition in this section shall apply.
Bluefin tuna means the fish species Thunnus thynnus that is found
in any ocean area.
Fishing vessel means any vessel, boat, ship, or other craft that is
used for, equipped to be used for, or of a type that is normally used
for fishing or for assisting or supporting a vessel engaged in fishing,
except purse seine skiffs.
Pacific bluefin tuna means the subspecies of bluefin tuna Thunnus
thynnus orientalis that is found in the Pacific Ocean.
Regional Director means the Director, Southwest Region.
Tag means the flexible, self-locking ribbon issued by the NMFS for
the identification of bluefin tuna under Sec. 300.26 or Sec. 285.30 of
this chapter.
Sec. 300.22 Yellowfin tuna--Recordkeeping and written reports.
The master or other person in charge of a fishing vessel, or a
person authorized in writing to serve as the agent for either person,
must keep an accurate log of all operations conducted from the fishing
vessel, entering for each day the date, noon position (stated in
latitude and longitude or in relation to known physical features), and
the tonnage of fish on board, by species. The record and bridge log
maintained at the request of the IATTC shall be sufficient to comply
with this paragraph, provided the items of information specified are
accurately entered in the log.
Sec. 300.23 Yellowfin tuna--Persons and vessels exempted.
This subpart does not apply to:
(a) Any person or vessel authorized by the IATTC, the Assistant
Administrator, or any state of the United States to engage in fishing
for research purposes.
(b) Any person or vessel engaged in sport fishing for personal use.
Sec. 300.24 Pacific bluefin tuna--Dealer permits.
(a) General. A dealer importing Pacific bluefin tuna, or purchasing
or receiving for export Pacific bluefin tuna first landed in the United
States, must
[[Page 25451]]
have a valid permit issued under this section.
(b) Application. A dealer must apply for a permit in writing on an
appropriate form obtained from the Regional Director. The application
must be signed by the dealer and be submitted to the Regional Director
at least 30 days before the date upon which the dealer desires to have
the permit made effective. The application must contain the following
information: Company name, principal place of business, owner's or
owners' names, applicant's name (if different from owner or owners) and
mailing address and telephone number, and any other information
required by the Regional Director.
(c) Issuance. (1) Except as provided in subpart D of 15 CFR part
904, the Regional Director will issue a permit within 30 days of
receipt of a completed application.
(2) The Regional Director will notify the applicant of any
deficiency in the application. If the applicant fails to correct the
deficiency within 15 days following the date of notification, the
application will be considered abandoned.
(d) Duration. Any permit issued under this section is valid until
December 31 of the year for which it is issued, unless suspended or
revoked.
(e) Alteration. Any permit that is substantially altered, erased,
or mutilated is invalid.
(f) Replacement. The Regional Director may issue replacement
permits. An application for a replacement permit is not considered a
new application.
(g) Transfer. A permit issued under this section is not
transferable or assignable; it is valid only for the dealer to whom it
is issued.
(h) Inspection. The dealer must keep the permit issued under this
section at his/her principal place of business. The permit must be
displayed for inspection upon request of any authorized officer, or any
employee of NMFS designated by the Regional Director for such purpose.
(i) Sanctions. The Assistant Administrator may suspend, revoke,
modify, or deny a permit issued or sought under this section.
Procedures governing permit sanctions and denials are found at subpart
D of 15 CFR part 904.
(j) Fees. The Regional Director may charge a fee to recover the
administrative expenses of permit issuance. The amount of the fee is
calculated, at least annually, in accordance with the procedures of the
NOAA Finance Handbook, available from the Regional Director, for
determining administrative costs of each special product or service.
The fee may not exceed such costs and is specified on each application
form. The appropriate fee must accompany each application. Failure to
pay the fee will preclude issuance of the permit. Payment by a
commercial instrument later determined to be insufficiently funded
shall invalidate any permit.
(k) Change in application information. Within 15 days after any
change in the information contained in an application submitted under
this section, the dealer issued a permit must report the change to the
Regional Director in writing. The permit is void if any change in
information is not reported within 15 days.
Sec. 300.25 Pacific bluefin tuna--Dealer recordkeeping and reporting.
Any person issued a dealer permit under Sec. 300.24:
(a) Must submit to the Regional Director a biweekly report on
bluefin imports and exports on forms supplied by NMFS.
(1) The report required by this paragraph (a) must be postmarked
and mailed at the dealer's expense within 10 days after the end of each
2-week reporting period in which Pacific bluefin tuna were exported.
The biweekly reporting periods are defined as the first day to the 14th
day of each month and the 15th day to the last day of the month.
(2) Each report must specify accurately and completely for each
tuna or each shipment of bulk-frozen tuna exported: Date of landing or
import; any tag number (if so tagged); weight in kilograms (specify if
round or dressed); and any other information required by the Regional
Director. At the top of each form, the company's name, license number,
and the name of the person filling out the report must be specified. In
addition, the beginning and ending dates of the 2-week reporting period
must be specified by the dealer and noted at the top of the form.
(b) Must allow an authorized officer, or any employee of NMFS
designated by the Regional Director for this purpose, to inspect and
copy any records of transfers, purchases, or receipts of Pacific
bluefin tuna.
(c) Must retain at his/her principal place of business a copy of
each biweekly report for a period of 2 years from the date on which it
was submitted to the Regional Director.
Sec. 300.26 Pacific bluefin tuna--tags.
(a) Issuance. The Regional Director will issue numbered tags to
each person receiving a dealer's permit under Sec. 300.24.
(b) Transfer. Tail tags issued under this section are not
transferable and are usable only by the permitted dealer to whom they
are issued.
(c) Affixing tags. At the discretion of dealers permitted under
Sec. 300.24, a tag issued under paragraph (a) of this section may be
affixed to each Pacific bluefin tuna purchased or received by the
dealer. If so tagged, the tag must be affixed to the tuna between the
fifth dorsal finlet and the keel and tag numbers must be recorded on
NMFS reports required by Sec. 300.25(a) and any documents accompanying
the shipment of Pacific bluefin tuna for domestic commercial use or
export.
(d) Removal. An NMFS-issued tag affixed to any Pacific bluefin tuna
at the option of any permitted dealer under paragraph (c) of this
section or any tag affixed to any Pacific bluefin tuna to meet the
requirements of Sec. 285.202(a)(6)(v) of this chapter must remain on
the tuna until the tuna is cut into portions. If the tuna or tuna parts
subsequently are packaged for transport for domestic commercial use or
for export, the tag number must be written legibly and indelibly on the
outside of any package or container.
(e) Reuse. Tags issued under this section are separately numbered
and may be used only once, one tail tag per fish, to distinguish the
purchase of one Pacific bluefin tuna. Once affixed to a tuna or
recorded on any package, container or report, a tail tag and associated
number may not be reused.
Sec. 300.27 Pacific bluefin tuna--documentation requirements.
Bluefin tuna imported into, or exported or re-exported from the
customs territory of the United States is subject to the documentation
requirements specified in part 285 of this chapter (Secs. 285.200-
285.203).
Sec. 300.28 Pacific bluefin tuna--prohibitions.
In addition to the prohibitions in Sec. 300.4, it is unlawful for
any person or vessel subject to the jurisdiction of the United States
to:
(a) Import Pacific bluefin tuna or purchase or receive for export
Pacific bluefin tuna first landed in the United States without a valid
dealer permit issued under Sec. 300.24.
(b) Remove any NMFS-issued tag affixed to any Pacific bluefin tuna
at the option of any permitted dealer or any tag affixed to a Pacific
bluefin tuna to meet the requirements of Sec. 285.202(a)(6)(v) of this
chapter, before removal is allowed under Sec. 300.26, or fail to write
the tag number on the shipping package or container as specified in
Sec. 300.26.
[[Page 25452]]
(c) Reuse any NMFS-issued tag affixed to a Pacific bluefin tuna at
the option of a permitted dealer or any tag affixed to a Pacific
bluefin tuna to meet the requirements of Sec. 285.202(a)(6)(v) of this
chapter or reuse any tag number previously written on a shipping
package or container as prescribed by Sec. 300.26.
Subpart D--South Pacific Tuna Fisheries
Authority: 16 U.S.C. 973-973r.
Sec. 300.30 Purpose and scope.
This subpart implements the South Pacific Tuna Act of 1988 (Act)
and the Treaty on Fisheries Between the Governments of Certain Pacific
Island States and the Government of the United States of America
(Treaty) and applies to persons and vessels subject to the jurisdiction
of the United States.
Sec. 300.31 Definitions.
In addition to the terms defined in Sec. 300.2, in the Act, and in
the Treaty, and unless the context requires otherwise, the terms used
in this subpart have the following meanings. If a term is defined
differently in Sec. 300.2, the Act, or the Treaty, the definition in
this section shall apply.
Administrator means the individual or organization designated by
the Pacific Island Parties to act on their behalf under the Treaty and
notified to the United States.
Applicable national law means any provision of law of a Pacific
Island Party that is described in paragraph 1(a) of Annex I of the
Treaty.
Authorized inspector means any individual authorized by a Pacific
Island Party or the Secretary to conduct inspections, to remove samples
of fish, and to gather any other information relating to fisheries in
the Licensing Area.
Authorized officer means any officer who is authorized by the
Secretary, or the Secretary of Transportation, or the head of any
Federal or state agency that has entered into an enforcement agreement
with the Secretary under section 10(a) of the Act.
Authorized party officer means any officer authorized by a Pacific
Island Party to enforce the provisions of the Treaty.
Closed area means any of the closed areas identified in Schedule 2
of Annex I of the Treaty.
Fishing means searching for, catching, taking, or harvesting fish;
attempting to search for, catch, take, or harvest fish; engaging in any
other activity that can reasonably be expected to result in the
locating, catching, taking, or harvesting of fish; placing, searching
for, or recovering fish aggregating devices or associated electronic
equipment such as radio beacons; any operations at sea directly in
support of, or in preparation for, any activity described in this
paragraph; or aircraft use, relating to the activities described in
this definition, except for flights in emergencies involving the health
or safety of crew members or the safety of a vessel.
Fishing arrangement means an arrangement between a Pacific Island
Party and the owner of a U.S. fishing vessel that complies with section
6(b) of the Act.
Fishing vessel or vessel means any boat, ship, or other craft that
is used for, equipped to be used for, or of a type normally used for
commercial fishing, and that is documented under the laws of the United
States.
Licensing Area means all waters in the Treaty Area except for:
(1) Those waters subject to the jurisdiction of the United States
in accordance with international law.
(2) Those waters within closed areas.
(3) Those waters within limited areas closed to fishing.
Licensing period means the period of validity of licenses issued in
accordance with the Treaty.
Limited area(s) means those areas so identified in Schedule 3 of
Annex I of the Treaty.
Operator means any person who is in charge of, directs or controls
a vessel, including the owner, charterer and master.
Pacific Island Party means a Pacific island nation that is a party
to the Treaty.
Regional Director means the Director, Southwest Region, or a
designee.
Transship means to unload any or all of the fish on board a
licensed vessel either ashore or onto another vessel.
Treaty Area means the area described in paragraph 1(k) of Article I
of the Treaty.
Sec. 300.32 Vessel licenses.
(a) Each vessel fishing in the Licensing Area must have a license
issued by the Administrator for the licensing period being fished,
unless excepted by Sec. 300.39. Each licensing period begins on June 15
and ends on June 14 of the following year.
(b) Upon receipt, the license or a duly certified copy, facsimile
or telex confirmation must be carried on board the vessel when in the
Licensing Area or Closed Areas and must be produced at the request of
authorized officers, authorized party officers, or authorized
inspectors. Prior to receipt of the license, but after issuance, a
vessel may be used to fish, provided the number of the issued license
is available on board.
(c) Application forms for licenses to use a vessel to fish in the
Licensing Area may be requested from, and upon completion, must be
returned to, the Regional Director. All of the information requested on
the form and the following must be supplied before the application will
be considered complete:
(1) The licensing period for which the license is requested.
(2) The name of an agent, located in Port Moresby, Papua New
Guinea, who, on behalf of the license holder, will receive and respond
to any legal process issued in accordance with the Treaty.
(3) Documentation from an insurance company showing that the vessel
will be fully insured for the licensing period against all risks and
liabilities normally covered by maritime liability insurance.
(4) If the owner or charterer is the subject of proceedings under
the bankruptcy laws of the United States, reasonable assurances that
the owner or charterer will be financially able to fulfill any and all
responsibilities under the Treaty, Act, and regulations, including the
payment of any penalties or fines.
(5) A copy of the vessel's USCG Certificate of Documentation.
(d) The number of available licenses are set forth in Schedule 2 of
Annex II of the Treaty.
(e) Applications for vessels may be submitted at any time; complete
applications will be forwarded to the Secretary of State for
transmittal to the Administrator.
(f) The Secretary, in consultation with the Secretary of State, may
determine that a license application for a vessel should not be
forwarded to the Administrator if:
(1) The application is not in accord with the Treaty, Act, or
regulations;
(2) The owner or charterer is the subject of proceedings under the
bankruptcy laws of the United States, and reasonable financial
assurances have not been provided to the Secretary that the owner or
charterer will be financially able to fulfill any and all
responsibilities under the Treaty, Act, and regulations, including the
payment of any penalties or fines;
(3) The owner or charterer has not established to the satisfaction
of the Secretary that the vessel will be fully insured for the
licensing period against all risks and liabilities normally covered by
maritime liability insurance; or
(4) The owner or charterer has not paid any final penalty assessed
by the Secretary in accordance with the Act.
(g) An applicant will be promptly notified if that applicant's
license
[[Page 25453]]
application will not be forwarded to the Administrator, and of the
reasons therefor. Within 15 days of notification by the Regional
Director that the application will not be forwarded, an applicant may
request reconsideration by providing a petition for reconsideration
accompanied by new or additional information.
Sec. 300.33 Compliance with applicable national laws.
The operator of the vessel shall comply with each of the applicable
national laws, and the operator of the vessel shall be responsible for
the compliance by the vessel and its crew with each of the applicable
national laws, and the vessel shall be operated in accordance with
those laws.
Sec. 300.34 Reporting requirements.
(a) License holders shall comply with the reporting requirements of
parts 4 and 5 of Annex I to the Treaty.
(b) Information provided by license holders under Schedule 5 of
Annex I of the Treaty shall be provided on the designated Forum
Fisheries Agency form(s) to the Regional Director within 2 days of
reaching port.
(c) Information provided by license holders under Schedule 6 of
Annex I of the Treaty shall be provided on the designated Forum
Fisheries Agency form(s) to the Regional Director within 2 days of
completing unloading.
(d) Any information required to be recorded, or to be notified,
communicated or reported pursuant to a requirement of these
regulations, the Act, or the Treaty shall be true, complete and
correct. Any change in circumstances that has the effect of rendering
any of the information provided false, incomplete or misleading shall
be communicated immediately to the Regional Director.
Sec. 300.35 Vessel and gear identification.
While a vessel is in the Licensing Area, a Limited Area closed to
fishing, or a Closed Area, a recent and up-to-date copy of the
International Code of Signals (INTERCO) shall be on board and
accessible at all times. The operator shall comply with the 1989 Food
and Agricultural Organization standard specifications for the marking
and identification of fishing vessels. The international radio call
sign of the vessel shall be painted in white on a black background, or
in black on a white background, and be clear, distinct, and uncovered,
in the following manner:
(a) On both sides of the vessel's hull or superstructure, with each
letter and number being at least 1 m high and having a stroke width of
16.7 cm, with the background extending to provide a border around the
mark of not less than 16.7 cm.
(b) On the vessel's deck, on the body of any helicopter and on the
hull of any skiff, with each letter and number being at least 30 cm
high, and having a stroke width of 5 cm with the background extending
to provide a border around the mark of not less than 5 cm.
(c) On any other equipment being carried by and intended to be
separated from the vessel during normal fishing operations, with each
letter and number being at least 10 cm high and having a stroke width
of 1.7 cm, with the background extending to provide a border around the
mark of not less than 1.7 cm.
Sec. 300.36 Closed area stowage requirements.
At all times while a vessel is in a Closed Area, the fishing gear
of the vessel shall be stowed in a manner as not to be readily
available for fishing. In particular, the boom shall be lowered as far
as possible so that the vessel cannot be used for fishing, but so that
the skiff is accessible for use in emergency situations; the
helicopter, if any shall be tied down; and launches shall be secured.
Sec. 300.37 Radio monitoring.
The international distress frequency, 2.182 mHz, and 156.8 mHz
(Channel 16, VHF) shall be monitored continuously from the vessel for
the purpose of facilitating communication with the fisheries
management, surveillance and enforcement authorities of the Parties.
Sec. 300.38 Prohibitions.
(a) Except as provided for in Sec. 300.39, in addition to the
prohibitions in Sec. 300.4, it is unlawful for any person subject to
the jurisdiction of the United States to do any of the following:
(1) To violate the Act or any provision of any regulation or order
issued pursuant to Act.
(2) To use a vessel for fishing in violation of an applicable
national law.
(3) To violate the terms and conditions of any fishing arrangement
to which that person is a party.
(4) To use a vessel for fishing in a Limited Area in violation of
the requirements set forth in Schedule 3 of Annex I of the Treaty on
``Limited Areas''.
(5) To use a vessel for fishing in any Closed Area.
(6) To refuse to permit any authorized officer or authorized party
officer to board a fishing vessel for purpose of conducting a search or
inspection in connection with the enforcement of the Act or the Treaty.
(7) To refuse to comply with the instructions of an authorized
officer or authorized party officer relating to fishing activities
under the Treaty.
(8) To refuse to permit an authorized inspector full access to any
place where fish taken in the Licensing Area is unloaded.
(9) To refuse to allow an authorized inspector to remove samples of
fish from a vessel that fished in the Licensing Area.
(10) To forcibly assault, resist, oppose, impede, intimidate, or
interfere with:
(i) Any authorized officer, authorized party officer or authorized
inspector in the conduct of a search or inspection in connection with
the enforcement of these regulations, the Act or the Treaty; or
(ii) An observer in the conduct of observer duties under the
Treaty.
(11) To transship fish on board a vessel that fished in the
Licensing Area, except in accordance with the conditions set out in
parts 3 and 4 of Annex I to the Treaty.
(b) Except as provided for in Sec. 300.39, it is unlawful for any
person subject to the jurisdiction of the United States when in the
Licensing Area:
(1) To use a vessel to fish unless validly licensed as required by
the Administrator.
(2) To use a vessel for directed fishing for southern bluefin tuna
or for fishing for any kinds of fish other than tunas, except that fish
may be caught as a incidental bycatch.
(3) To use a vessel for fishing by any method, except the purse-
seine method.
(4) To use any vessel to engage in fishing after the revocation of
its license, or during the period of suspension of an applicable
license.
(5) To operate a vessel in such a way as to disrupt or in any other
way adversely affect the activities of traditional and locally based
fishermen and fishing vessels.
(6) To use a vessel to fish in a manner inconsistent with an order
issued by the Secretary under Sec. 300.42 (section 11 of the Act).
(7) Except for circumstances involving force majeure and other
emergencies involving the health or safety of crew members or the
safety of the vessel, to use aircraft in association with fishing
activities of a vessel, unless it is identified on the license
application for the vessel, or any amendment thereto.
Sec. 300.39 Exceptions.
(a) The prohibitions of Sec. 300.38 and the licensing requirements
of Sec. 300.32 do not apply to fishing for albacore tuna by vessels
using the trolling method outside of the 200 nautical mile
[[Page 25454]]
fisheries zones of the Pacific Island Parties.
(b) The prohibitions of Sec. 300.38(a)(4), (a)(5), and (b)(3) do
not apply to fishing under the terms and conditions of a fishing
arrangement.
Sec. 300.40 Civil penalties.
The procedures of 15 CFR part 904 apply to the assessment of civil
penalties, except as modified by the requirements of section 8 of the
Act.
Sec. 300.41 Investigation notification.
Upon commencement of an investigation under section 10(b)(1) of the
Act, the operator of any vessel concerned shall have 30 days after
receipt of notification of the investigation and the operator's rights
under section 10(b)(1) to submit comments, information, or evidence
bearing on the investigation, and to request in writing that the
Secretary provide the operator an opportunity to present the comments,
information, or evidence orally to the Secretary or the Secretary's
representative.
Sec. 300.42 Findings leading to removal from fishing area.
(a) Following an investigation conducted under section 10(b) of the
Act, the Secretary, with the concurrence of the Secretary of State, and
upon the request of the Pacific Island Party concerned, may order a
fishing vessel that has not submitted to the jurisdiction of that
Pacific Island Party to leave immediately the Licensing Area, all
Limited Areas, and all Closed Areas upon making a finding that:
(1) The fishing vessel--
(i) While fishing in the Licensing Area did not have a license
under the Treaty to fish in the Licensing Area, and that under
paragraph 2 of Article 3 of the Treaty, the fishing is not authorized
to be conducted in the Licensing Area without a license;
(ii) Was involved in any incident in which an authorized officer,
authorized party officer, or observer was allegedly assaulted with
resultant bodily harm, physically threatened, forcibly resisted,
refused boarding or subjected to physical intimidation or physical
interference in the performance of duties as authorized by the Act or
the Treaty;
(iii) Has not made full payment within 60 days of any amount due as
a result of a final judgement or other final determination deriving
from a violation in waters within the Treaty Area of a Pacific Island
Party; or
(iv) Was not represented by an agent for service of process in
accordance with the Treaty; or
(2) There is probable cause to believe that the fishing vessel--
(i) Was used in violation of section 5(a)(4), (a)(5), (b)(2), or
(b)(3) of the Act;
(ii) Used an aircraft in violation of section 5(b)(7) of the Act;
or
(iii) Was involved in an incident in which section 5(a)(7) of the
Act was violated.
(b) Upon being advised by the Secretary of State that proper
notification to Parties has been made under paragraph 7 of Article 5 of
the Treaty that a Pacific Island Party is investigating an alleged
infringement of the Treaty by a vessel in waters under the jurisdiction
of that Pacific Island Party, the Secretary shall order the vessel to
leave those waters until the Secretary of State notifies the Secretary
that the order is no longer necessary.
(c) The Secretary shall rescind any order issued on the basis of a
finding under paragraphs (a)(1)(iii) or (iv) of this section
(subsections 11(a)(1)(C) or (D) of the Act) as soon as the Secretary
determines that the facts underlying the finding do not apply.
(d) An order issued in accordance with this section is not subject
to judicial review.
Sec. 300.43 Observers.
(a) The operator and each member of the crew of a vessel shall
allow and assist any person identified as an observer under the Treaty
by the Pacific Island Parties:
(1) To board the vessel for scientific, compliance, monitoring and
other functions at the point and time notified by the Pacific Island
Parties to the Secretary.
(2) Without interfering unduly with the lawful operation of the
vessel, to have full access to and use of facilities and equipment on
board the vessel that the observer may determine are necessary to carry
out observer duties; have full access to the bridge, fish on board, and
areas that may be used to hold, process, weigh and store fish; remove
samples; have full access to vessel's records, including its log and
documentation for the purpose of inspection and copying; have
reasonable access to navigation equipment, charts, and radios, and
gather any other information relating to fisheries in the Licensing
Area.
(3) To disembark at the point and time notified by the Pacific
Island Parties to the Secretary.
(4) To carry out observer duties safely.
(b) The operator shall provide the observer, while on board the
vessel, at no expense to the Pacific Island Parties, with food,
accommodation and medical facilities of reasonable standard as may be
acceptable to the Pacific Island Party whose representative is serving
as the observer.
Sec. 300.44 Other inspections.
The operator and each member of the crew of any vessel from which
any fish taken in the Licensing Area is unloaded or transshipped shall
allow, or arrange for, and assist any authorized inspector, authorized
party officer, or authorized officer to have full access to any place
where the fish is unloaded or transshipped, to remove samples, to have
full access to the vessel's records, including its log and
documentation for the purpose of inspection and photocopying, and to
gather any other information relating to fisheries in the Licensing
Area without interfering unduly with the lawful operation of the
vessel.
Subpart E--Pacific Halibut Fisheries
Authority: 16 U.S.C. 773-773k.
Sec. 300.60 Purpose and scope.
This subpart implements the North Pacific Halibut Act of 1982 (Act)
and is intended to supplement, not conflict with, the annual fishery
management measures adopted by the International Pacific Halibut
Commission (Commission) under the Convention between the United States
and Canada for the Preservation of the Halibut Fishery of the Northern
Pacific Ocean and Bering Sea (Convention).
Sec. 300.61 Definitions.
In addition to the terms defined in Sec. 300.2 and those in the Act
and the Convention, the terms used in this subpart have the following
meanings. If a term is defined differently in Sec. 300.2, the Act, or
the Convention, the definition in this section shall apply.
Area 2A includes all waters off the States of California, Oregon,
and Washington.
Commercial fishing means fishing, the resulting catch of which
either is, or is intended to be, sold or bartered.
Person includes an individual, corporation, firm, or association.
Subarea 2A-1 includes all U.S. waters off the coast of Washington
that are north of 46 deg.53'18'' N. lat. and east of 125 deg.44'00'' W.
long., and all inland marine waters of Washington.
Treaty Indian tribes means the Hoh, Jamestown S'Klallam, Lower
Elwha S'Klallam, Lummi, Makah, Port Gamble S'Klallam, Quileute,
Quinault, Skokomish, Suquamish, Swinomish, and Tulalip tribes.
[[Page 25455]]
Sec. 300.62 Annual management measures.
Annual management measures may be added and modified through
adoption by the Commission and publication in the Federal Register by
the Assistant Administrator, with immediate regulatory effect. Such
measures may include, inter alia, provisions governing: Licensing of
vessels, inseason actions, regulatory areas, fishing periods, closed
periods, closed areas, catch limits (quotas), fishing period limits,
size limits, careful release of halibut, vessel clearances, logs,
receipt and possession of halibut, fishing gear, retention of tagged
halibut, supervision of unloading and weighing, and sport fishing for
halibut. The Assistant Administrator will publish the Commission's
regulations setting forth annual management measures in the Federal
Register by March 15 each year. Annual management measures may be
adjusted inseason by the Commission.
Sec. 300.63 Catch sharing plans and domestic management measures.
Catch sharing plans (CSP) may be developed by the appropriate
regional fishery management council, and approved by NMFS, for portions
of the fishery. Any approved catch sharing plan may be obtained from
the Director, Northwest Region, or the Director, Alaska Region.
(a) The catch sharing plan for area 2A provides a framework that
shall be applied to the annual Area 2A total allowable catch (TAC)
adopted by the Commission, and shall be implemented through domestic
and Commission regulations, which will be published in the Federal
Register each year before March 15. The Area 2A CSP allocates halibut
among the treaty Indian fishery, segments of the non-Indian commercial
fishery, and segments of the recreational fishery.
(1) Each year, before January 1, NMFS will publish a proposal to
govern the recreational fishery under the CSP for the following year
and will seek public comment. The comment period will extend until
after the Commission's annual meeting, so the public will have the
opportunity to consider the final area 2A total allowable catch (TAC)
before submitting comments. After the Commission's annual meeting and
review of public comments, NMFS will publish in the Federal Register
the final rule governing sport fishing in area 2A. Annual management
measures may be adjusted inseason by NMFS.
(2) A portion of the commercial TAC is allocated as incidental
catch in the salmon troll fishery in Area 2A. Each year the landing
restrictions necessary to keep the fishery within its allocation will
be recommended by the Pacific Fishery Management Council at its spring
meetings, and will be published in the Federal Register along with the
annual salmon management measures.
(3) The commercial longline fishery in area 2A is governed by the
annual management measures published pursuant to Secs. 300.62 and
300.63.
(4) The treaty Indian fishery is governed by Sec. 300.64 and tribal
regulations. The annual quota for the fishery will be announced with
the Commission regulations under Sec. 300.62
(b) The catch sharing plan for area 4 allocates the annual TAC
among area 4 subarea, and will be implemented by the Commission in
management measures published pursuant to Sec. 300.62.
Sec. 300.64 Fishing by U.S. treaty Indian tribes.
(a) Halibut fishing in subarea 2A-1 by members of U.S. treaty
Indian tribes located in the State of Washington is governed by this
section.
(b) Commercial fishing for halibut by treaty Indians is permitted
only in subarea 2A-1 with hook-and-line gear in conformance with the
season and quota established annually by the Commission.
(c) Commercial fishing periods and management measures to implement
paragraph (b) of this section will be established by treaty Indian
tribal regulations.
(d) Commercial fishing for halibut by treaty Indians shall comply
with the Commission's management measures governing size limits,
careful release of halibut, logs, and fishing gear (published pursuant
to Sec. 300.62), except that the 72-hour fishing restriction preceding
the opening of a halibut fishing period shall not apply to treaty
Indian fishing.
(e) Ceremonial and subsistence fishing for halibut by treaty
Indians in subarea 2A-1 is permitted with hook-and-line gear from
January 1 to December 31.
(f) No size or bag limits shall apply to the ceremonial and
subsistence fishery, except that when commercial halibut fishing is
prohibited pursuant to paragraph (b) of this section, treaty Indians
may take and retain not more than two halibut per person per day.
(g) Halibut taken for ceremonial and subsistence purposes shall not
be offered for sale or sold.
(h) Any member of a U.S. treaty Indian tribe who is engaged in
commercial or ceremonial and subsistence fishing under this section
must have on his or her person a valid treaty Indian identification
card issued pursuant to 25 CFR part 249, subpart A, and must comply
with the treaty Indian vessel and gear identification requirements of
Final Decision No. 1 and subsequent orders in United States v.
Washington 384 F. Supp. 312 (W.D. Wash., 1974).
(i) The following table sets forth the fishing areas of each of the
12 treaty Indian tribes fishing pursuant to this section. Within
subarea 2A-1, boundaries of a tribe's fishing area may be revised as
ordered by a Federal Court.
----------------------------------------------------------------------------------------------------------------
Tribe Boundaries
----------------------------------------------------------------------------------------------------------------
HOH................................................. Between 47 deg.54'18'' N. lat. (Quillayute River) and 47
deg.21'00'' N. lat. (Quinault River), and east of 125
deg.44'00'' W. long.
JAMESTOWN S'KLALLAM................................. Those locations in the Strait of Juan de Fuca and Puget
Sound as determined in or in accordance with Final
Decision No. 1 and subsequent orders in United States v.
Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and
particularly at 626 F. Supp. 1486, to be places at which
the Jamestown S'Klallam Tribe may fish under rights
secured by treaties with the United States.
LOWER ELWHA S'KLALLAM............................... Those locations in the Strait of Juan de Fuca and Puget
Sound as determined in or in accordance with Final
Decision No. 1 and subsequent orders in United States v.
Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and
particularly at 459 F. Supp. 1049 and 1066 and 626 F.
Supp. 1443, to be places at which the Lower Elwha
S'Klallam Tribe may fish under rights secured by treaties
with the United States.
LUMMI............................................... Those locations in the Strait of Juan de Fuca and Puget
Sound as determined in or in accordance with Final
Decision No. 1 and subsequent orders in United States v.
Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and
particularly at 384 F. Supp. 360, as modified in
Subproceeding No. 89-08 (W.D. Wash., February 13, 1990)
(decision and order re: cross-motions for summary
judgement), to be places at which the Lummi Tribe may
fish under rights secured by treaties with the United
States.
MAKAH............................................... North of 48 deg.02'15'' N. lat. (Norwegian Memorial), west
of 123 deg.42'30'' W. long., and east of 125 deg.44'00''
W. long.
[[Page 25456]]
PORT GAMBLE S'KLALLAM............................... Those locations in the Strait of Juan de Fuca and Puget
Sound as determined in or in accordance with Final
Decision No. 1 and subsequent orders in United States v.
Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and
particularly at 626 F. Supp. 1442, to be places at which
the Port Gamble S'Klallam Tribe may fish under rights
secured by treaties with the United States.
QUILEUTE............................................ Between 48 deg.07'36'' N. lat. (Sand Point) and 47
deg.31'42'' N. lat. (Queets River), and east of 125
deg.44'00'' W. long.
QUINAULT............................................ Between 47 deg.40'06'' N. lat. (Destruction Island) and 46
deg.53'18'' N. lat. (Point Chehalis), and east of 125
deg.44'00'' W. long.
SKOKOMISH........................................... Those locations in the Strait of Juan de Fuca and Puget
Sound as determined in or in accordance with Final
Decision No. 1 and subsequent orders in United States v.
Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and
particularly at 384 F. Supp. 377, to be places at which
the Skokomish Tribe may fish under rights secured by
treaties with the United States.
SUQUAMISH........................................... Those locations in the Strait of Juan de Fuca and Puget
Sound as determined in or in accordance with Final
Decision No. 1 and subsequent orders in United States v.
Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and
particularly at 459 F. Supp. 1049, to be places at which
the Suquamish Tribe may fish under rights secured by
treaties with the United States.
SWINOMISH........................................... Those locations in the Strait of Juan de Fuca and Puget
Sound as determined in or in accordance with Final
Decision No. 1 and subsequent orders in United States v.
Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and
particularly at 459 F. Supp. 1049, to be places at which
the Swinomish Tribe may fish under rights secured by
treaties with the United States.
TULALIP............................................. Those locations in the Strait of Juan de Fuca and Puget
Sound as determined in or in accordance with Final
Decision No. 1 and subsequent orders in United States v.
Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and
particularly at 626 F. Supp. 1531-1532, to be places at
which the Tulalip Tribe may fish under rights secured by
treaties with the United States.
----------------------------------------------------------------------------------------------------------------
Sec. 300.65 Prohibitions.
In addition to the prohibitions in Sec. 300.4, the following
prohibitions apply within this subpart. It is unlawful for any person
to fish for halibut except in accordance with:
(a) The management measures published under Sec. 300.62.
(b) The catch sharing plans and management measures implemented
under Sec. 300.63.
Subpart F--Fraser River Sockeye and Pink Salmon Fisheries
Authority: Pacific Salmon Treaty Act, 16 U.S.C. 3636(b).
Sec. 300.90 Purpose and scope.
This subpart implements the Pacific Salmon Treaty Act of 1985 (16
U.S.C. 3631-3644) (Act) and is intended to supplement, not conflict
with, the fishery regimes and Fraser River Panel regulations adopted
under the Treaty between the Government of the United States of America
and the Government of Canada Concerning Pacific Salmon, signed at
Ottawa, January 28, 1985 (Treaty).
Sec. 300.91 Definitions.
In addition to the terms defined in Sec. 300.2 and those in the Act
and the Treaty, the terms used in this subpart have the following
meanings. If a term is defined differently in Sec. 300.2, the Act, or
the Treaty, the definition in this section shall apply.
All-citizen means any person who is not a treaty Indian fishing in
that treaty Indian's tribal treaty fishing places pursuant to treaty
Indian tribal fishing regulations (whether in compliance with such
regulations or not).
Authorized officer means, in addition to those individuals
identified under authorized officer at Sec. 300.2, any state, Federal,
or other officer as may be authorized by the Secretary in writing,
including any treaty Indian tribal enforcement officer authorized to
enforce tribal fishing regulations.
Commission means the Pacific Salmon Commission established by the
Pacific Salmon Treaty.
Consistent regulation or consistent order means any Federal, state,
or treaty Indian tribal regulation or order that is in addition to and
not in conflict with (at least as restrictive as) any regime of the
Commission, Fraser River Panel regulation, inseason order of the
Secretary, or these regulations.
Fishing gear--
(1) Gill net means a fishing net of single web construction, not
anchored, tied, staked, placed, or weighted in such a manner that it
cannot drift.
(2) Purse seine means all types of fishing gear consisting of a
lead line, cork line, auxiliary lines, purse line and purse rings and
of mesh net webbing fashioned in such a manner that it is used to
encircle fish, and in addition prevent their escape under the bottom or
lead line of the net by drawing in the bottom of the net by means of
the purse line so that it forms a closed bag.
(3) Reef net means a non-self-fishing open bunt square or
rectangular section of mesh netting suspended between two anchored
boats fashioned in such a manner that to impound salmon passing over
the net, the net must be raised to the surface.
(4) Troll fishing gear means one or more lines that drag hooks with
bait or lures behind a moving fishing vessel.
(5) Treaty Indian fishing gear means fishing gear defined,
authorized, and identified under treaty Indian tribal laws and
regulations in accordance with the requirements of Final Decision No. 1
and subsequent orders in United States v. Washington, 384 F. Supp. 312
(W.D. Wash., 1974).
Fraser River Panel means the Fraser River Panel established by the
Pacific Salmon Treaty.
Fraser River Panel Area (U.S.) means the United States' portion of
the Fraser River Panel Area specified in Annex II of the Treaty as
follows:
(1) The territorial water and the high seas westward from the
western coast of Canada and the United States of America and from a
direct line drawn from Bonilla Point, Vancouver Island, to the
lighthouse of Tatoosh Island, Washington--which line marks the entrance
of Juan de Fuca Strait--and embraced between 48 deg. and 49 deg. N.
lat., excepting therefrom, however, all the waters of Barkley Sound,
eastward of a straight line drawn from Amphitrite Point to Cape Beale
and all the waters of Nitinat Lake and the entrance thereto.
(2) The waters included within the following boundaries: Beginning
at Bonilla Point, Vancouver Island, thence along the aforesaid direct
line drawn from Bonilla Point to Tatoosh Lighthouse, Washington,
described in paragraph (1) of this definition, thence to the nearest
point of Cape Flattery, thence following the southerly shore of Juan de
Fuca Strait to Point Wilson, on Whidbey Island, thence following the
western shore of the said Whidbey Island, to the entrance to Deception
Pass, thence across said entrance to the southern side of Reservation
Bay, on
[[Page 25457]]
Fidalgo Island, thence following the western and northern shore line of
the said Fidalgo Island to Swinomish Slough, crossing the said
Swinomish Slough, in line with the track of the Great Northern Railway
(Burlington Northern Railroad), thence northerly following the
shoreline of the mainland to Atkinson Point at the northerly entrance
to Burrard Inlet, British Columbia, thence in a straight line to the
southern end of Bowen Island, then westerly following the southern
shore of Bowen Island to Cape Roger Curtis, thence in a straight line
to Gower Point, thence westerly following the shoreline to Welcome
Point on Sechelt Peninsula, thence in a straight line to Point Young on
Lasqueti Island, thence in a straight line to Dorcas Point on Vancouver
Island, thence following the eastern and southern shores of the said
Vancouver Island, to the starting point at Bonilla Point, as shown on
the British Admiralty Chart Number 579, and on the U.S. Coast and
Geodetic Survey Chart Number 6300, as corrected to March 14, 1930,
copies of which are annexed to the 1930 Convention between Canada and
the United States of America for Protection, Preservation, and
Extension of the Sockeye Salmon Fishery in the Fraser River System as
amended, signed May 26, 1930. [Note: U.S. Coast and Geodetic Survey
Chart Number 6300 has been replaced and updated by NOAA Chart Number
18400.]
(3) The Fraser River and the streams and lakes tributary thereto.
(4) The Fraser River Panel Area (U.S.) includes Puget Sound
Management and Catch Reporting Areas 4B, 5, 6, 6A, 6B, 6C, 6D, 7, 7A,
7B, 7C, 7D, and 7E as defined in the Washington State Administrative
Code at Chapter 220-22 as of June 27, 1986.
Fraser River Panel regulations means regulations applicable to the
Fraser River Panel Area that are recommended by the Commission (on the
basis of proposals made by the Fraser River Panel) and approved by the
Secretary of State.
Mesh size means the distance between the inside of one knot to the
outside of the opposite (vertical) knot in one mesh of a net.
Pink salmon means Oncorhynchus gorbuscha.
Sockeye salmon means the anadromous form of Oncorhynchus nerka.
Treaty fishing places (of an Indian tribe) means locations within
the Fraser River Panel Area (U.S.) as determined in or in accordance
with Final Decision No. 1 and subsequent orders in United States v.
Washington, 384 F. Supp. 312 (W.D. Wash. 1974), to be places at which
that treaty Indian tribe may take fish under rights secured by treaty
with the United States.
Treaty Indian means any member of a treaty Indian tribe whose
treaty fishing place is in the Fraser River Panel Area (U.S.) or any
assistant to a treaty Indian authorized to assist in accordance with
Sec. 300.95(d).
Treaty Indian tribe means any of the federally recognized Indian
tribes of the State of Washington having fishing rights secured by
treaty with the United States to fish for salmon stocks subject to the
Pacific Salmon Treaty in treaty fishing places within the Fraser River
Panel Area (U.S.). Currently these tribes are the Makah, Tribe, Lower
Elwha Klallam Tribe, Port Gamble Klallam Tribe, Jamestown Klallam
Tribe, Suquamish Tribe, Lummi Tribe, Nooksack Tribe, the Swinomish
Indian Tribal Community, and the Tulalip Tribe.
Sec. 300.92 Relation to other laws.
(a) Insofar as they are consistent with this part, any other
applicable Federal law or regulation, or any applicable law and
regulations of the State of Washington or of a treaty Indian tribe with
treaty fishing rights in the Fraser River Panel Area (U.S.) will
continue to have force and effect in the Fraser River Panel Area (U.S.)
with respect to fishing activities addressed herein.
(b) Any person fishing subject to this subpart is bound by the
international boundaries now recognized by the United States within the
Fraser River Panel Area (U.S.) described in Sec. 300.91,
notwithstanding any dispute or negotiation between the United States
and Canada regarding their respective jurisdictions, until such time as
different boundaries are published by the United States.
(c) Any person fishing in the Fraser River Panel Area (U.S.) who
also fishes for groundfish in the EEZ should consult Federal
regulations at part 663 of this title for applicable requirements,
including the requirement that vessels engaged in commercial fishing
for groundfish (except commercial passenger vessels) have vessel
identification in accordance with Sec. 663.6. Federal regulations
governing salmon fishing in the EEZ, which includes a portion of the
Fraser River Panel Area (U.S.), are at part 661 of this title. Annual
regulatory modifications are published in the Federal Register.
(d) Except as otherwise provided in this subpart, general
provisions governing off-reservation fishing by treaty Indians are
found at 25 CFR part 249, subpart A. Additional general and specific
provisions governing treaty Indian fisheries are found in regulations
and laws promulgated by each treaty Indian tribe for fishermen fishing
pursuant to tribal authorization.
(e) Nothing in this subpart relieves a person from any other
applicable requirements lawfully imposed by the United States, the
State of Washington, or a treaty Indian tribe.
Sec. 300.93 Reporting requirements.
Any person fishing for sockeye or pink salmon within the Fraser
River Panel Area (U.S.) and any person receiving or purchasing fish
caught by such persons are subject to State of Washington reporting
requirements at Washington Administrative Code, Chapter 220-69. Treaty
Indian fishermen are subject also to tribal reporting requirements. No
separate Federal reports are required.
Sec. 300.94 Prohibitions and restrictions.
In addition to the prohibitions in Sec. 300.4, the following
prohibitions and restrictions apply.
(a) In addition to the prohibited acts set forth in the Act at 16
U.S.C. 3637(a), the following restrictions apply to sockeye and pink
salmon fishing in the Fraser River Panel Area (U.S.):
(1) The Fraser River Panel Area (U.S.) is closed to sockeye and
pink salmon fishing, unless opened by Fraser River Panel regulations or
by inseason orders of the Secretary issued under Sec. 300.97 that give
effect to orders of the Fraser River Panel, unless such orders are
determined not to be consistent with domestic legal obligations. Such
regulations and inseason orders may be further implemented by
regulations promulgated by the United States, the State of Washington,
or any treaty Indian tribe, which are also consistent with domestic
legal obligations.
(2) It is unlawful for any person or fishing vessel subject to the
jurisdiction of the United States to fish for, or take and retain, any
sockeye or pink salmon:
(i) Except during times or in areas that are opened by Fraser River
Panel regulations or by inseason order, except that this provision will
not prohibit the direct transport of legally caught sockeye or pink
salmon to offloading areas.
(ii) By means of gear or methods not authorized by Fraser River
Panel regulations, inseason orders, or other applicable Federal, state,
or treaty Indian tribal law.
(iii) In violation of any applicable area, season, species, zone,
gear, or mesh size restriction.
[[Page 25458]]
(b) It is unlawful for any person or fishing vessel subject to the
jurisdiction of the United States to--
(1) Remove the head of any sockeye or pink salmon caught in the
Fraser River Panel Area (U.S.), or possess a salmon with the head
removed, if that salmon has been marked by removal of the adipose fin
to indicate that a coded wire tag has been implanted in the head of the
fish.
(2) Fail to permit an authorized officer to inspect a record or
report required by the State of Washington or treaty Indian tribal
authority.
(c) Notwithstanding paragraph (a) of this section, nothing in this
subpart will be construed to prohibit the retention of sockeye or pink
salmon caught by any person while lawfully engaged in a fishery for
subsistence or ceremonial purposes pursuant to treaty Indian tribal
regulations, for recreational purposes pursuant to recreational fishing
regulations promulgated by the State of Washington, or as otherwise
authorized by treaty Indian tribal or State of Washington law or
regulation, provided that such treaty Indian tribal or State regulation
is consistent with U.S.-approved Commission fishery regimes, Fraser
River Panel regulations, or inseason orders of the Secretary applicable
to fishing in the Fraser River Panel Area (U.S.).
(d) The following types of fishing gear are authorized, subject to
the restrictions set forth in this subpart and according to the times
and areas established by Fraser River Panel regulations or inseason
orders of the Secretary:
(1) All citizens: Gill net, purse seine, reef net, and troll
fishing gear. Specific restrictions on all citizens gear are contained
in the Washington State Administrative Code of Chapter 220-47.
(2) Treaty Indians: Treaty Indian fishing gear.
(e) Geographic descriptions of Puget Sound Salmon Management and
Catch Reporting Areas, which are referenced in the Commission's
regimes, Fraser River Panel regulations, and in inseason orders of the
Secretary, are found in the Washington State Administrative Code at
Chapter 220-22.
Sec. 300.95 Treaty Indian fisheries.
(a) Any treaty Indian must comply with this section when fishing
for sockeye and pink salmon at the treaty Indian tribe's treaty fishing
places in the Fraser River Panel Area (U.S.) during the time the
Commission or the Secretary exercises jurisdiction over these
fisheries. Fishing by a treaty Indian outside the applicable Indian
tribe's treaty fishing places will be subject to the Fraser River Panel
regulations and inseason orders applicable to all citizens, as well as
to the restrictions set forth in this section.
(b) Nothing in this section will relieve a treaty Indian from any
applicable law or regulation imposed by a treaty Indian tribe, or from
requirements lawfully imposed by the United States or the State of
Washington in accordance with the requirements of Final Decision No. 1
and subsequent orders in United States v. Washington, 384 F. Supp. 312
(W.D. Wash., 1974).
(c) Identification. (1) Any treaty Indian fishing under the
authority of this subpart must have in his or her possession at all
times while fishing or engaged in any activity related to fishing the
treaty Indian identification required by 25 CFR 249.3 or by applicable
tribal law.
(2) Any person assisting a treaty Indian under the authority of
paragraph (d) of this section must have in his or her possession at all
such times a valid identification card issued by the Bureau of Indian
Affairs or by a treaty Indian tribe, identifying the holder as a person
qualified to assist a treaty Indian. The identification card must
include the name of the issuing tribe, the name, address, date of
birth, and photograph of the assistant, and the name and identification
number of the treaty Indian whom the assistant is authorized to assist.
(3) Identification described in paragraph (c) (1) or (2) of this
section must be shown on demand to an authorized officer by the treaty
Indian or authorized assistant.
(4) Any treaty Indian fishing under this subpart must comply with
the treaty Indian vessel and gear identification requirements of Final
Decision No. 1 and subsequent orders in United States v. Washington,
384 F. Supp. 312 (W.D. Wash., 1974).
(d) Fishing assistance. (1) Any member of a treaty Indian tribe
fishing under this subpart may, if authorized by the treaty Indian's
tribe, receive fishing assistance from, and only from, the treaty
Indian tribal member's spouse, forebears, children, grandchildren, and
siblings, as authorized by the U.S. District Court for the Western
District of Washington in United States v. Washington, 384 F. Supp. 312
(W.D. Wash., 1974). For purposes of this section, the treaty Indian
tribal member whom the assistant is authorized to assist must be
present aboard the fishing vessel at all times while engaged in the
exercise of treaty Indian fishing rights subject to this subpart.
(2) No treaty Indian may, while fishing at a treaty fishing place
in accordance with treaty-secured fishing rights, permit any person 16
years of age or older other than the authorized holder of a currently
valid identification card issued in accordance with the requirements of
paragraphs (c) (1) and (2) of this section to fish for said treaty
Indian, assist said treaty Indian in fishing, or use any gear or
fishing location identified as said treaty Indian's gear or location.
(3) Treaty Indians are prohibited from participating in a treaty
Indian fishery under this section at any time persons who are not
treaty Indians are aboard the fishing vessel or in contact with fishing
gear operated from the fishing vessel, unless such persons are
authorized employees or officers of a treaty Indian tribe or tribal
fisheries management organization, the Northwest Indian Fisheries
Commission, the Commission, or a fisheries management agency of the
United States or the State of Washington.
Sec. 300.96 Penalties.
Any treaty Indian who commits any act that is unlawful under this
subpart normally will be referred to the applicable tribe for
prosecution and punishment. If such tribe fails to prosecute such
persons in a diligent manner for the offense(s) referred to the tribe,
or if other good cause exists, such treaty Indian may be subject to the
penalties and procedures described in the Magnuson Act.
Sec. 300.97 Inseason orders.
(a) During the fishing season, the Secretary may issue orders that
establish fishing times and areas consistent with the annual Commission
regime and inseason orders of the Fraser River Panel. Inseason orders
will be consistent with domestic legal obligations. Violation of such
inseason orders is violation of this subpart.
(b) Notice of inseason orders. (1) Official notice of such inseason
orders is available from NMFS (for orders applicable to all-citizen
fisheries) and from the Northwest Indian Fisheries Commission (for
orders applicable to treaty Indian fisheries) through the following
Area Code 206 toll-free telephone hotlines: All-citizen fisheries: 1-
800-562-6513; Treaty Indian fisheries: 1-800-562-6142.
(2) Notice of inseason orders of the Secretary and other applicable
tribal regulations may be published and released according to tribal
procedures in accordance with Final Decision No. 1 and subsequent
orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash.,
1974).
[[Page 25459]]
(3) Inseason orders may also be communicated through news releases
to radio and television stations and newspapers in the Fraser River
Panel Area (U.S.).
(4) Inseason orders of the Secretary will also be published in the
Federal Register as soon as practicable after they are issued.
Subpart G--Antarctic Marine Living Resources
Authority: 16 U.S.C. 2431 et seq.
Sec. 300.100 Purpose and scope.
(a) This subpart implements the Antarctic Marine Living Resources
Convention Act of 1984 (Act).
(b) This subpart regulates--
(1) The harvesting of Antarctic marine living resources or other
associated activities by any person subject to the jurisdiction of the
United States or by any vessel of the United States.
(2) The importation into the United States of any Antarctic marine
living resource.
Sec. 300.101 Definitions.
In addition to the terms defined in Sec. 300.2, in the Act, and in
the Convention on the Conservation of Antarctic Marine Living
Resources, done at Canberra, Australia, May 7, 1980 (Convention).
Convention, the terms used in this subpart have the following meanings.
If a term is defined differently in Sec. 300.2, such Act, or such
Convention, the definition in this section shall apply.
ACA means the Antarctic Conservation Act of 1978 (16 U.S.C. 2401 et
seq.).
Antarctic convergence means a line joining the following points
along the parallels of latitude and meridians of longitude:
------------------------------------------------------------------------
Lat. Long.
------------------------------------------------------------------------
50 deg. S.................................... 0.
50 deg. S.................................... 30 deg. E.
45 deg. S.................................... 30 deg. E.
45 deg. S.................................... 80 deg. E.
55 deg. S.................................... 80 deg. E.
55 deg. S.................................... 150 deg. E.
60 deg. S.................................... 150 deg. E.
60 deg. S.................................... 50 deg. W.
50 deg. S.................................... 50 deg. W.
50 deg. S.................................... 0.
------------------------------------------------------------------------
Antarctic finfishes include the following:
------------------------------------------------------------------------
Scientific name Common name
------------------------------------------------------------------------
Gobionotothen gibberifrons............... Humped rockcod.
Notothenia rossii........................ Marbled rockcod.
Lepidorhirus squamifrons................. Grey rockcod.
Dissostichus eleginoides................. Patagonian toothfish.
Patagonothen brevicauda guntheri......... Patagonian rockcod.
Pleuragramma antarcticum................. Antarctic silverfish.
Trematomus spp........................... Antarctic cods.
Chaenocephalus aceratus.................. Blackfin icefish.
Chaenodraco wilsoni...................... Spiny icefish.
Champsocephalus gunnari.................. Mackerel icefish.
Chionodraco rastrospinosus............... Ocellated icefish.
Pseudochaenichthys georgianus............ South Georgia icefish.
------------------------------------------------------------------------
Antarctic marine living resources or AMLR(s) means the populations
of finfish, mollusks, crustaceans, and all other species of living
organisms, including birds, found south of the Antarctic Convergence,
and their parts or products.
Commission means the Commission for the Conservation of Antarctic
Marine Living Resources established under Article VII of the
Convention.
Convention waters means all waters south of the Antarctic
Convergence.
Directed fishing, with respect to any species or stock of fish,
means any fishing that results in such fish comprising more than 1
percent by weight, at any time, of the catch on board the vessel.
Fish means finfish, mollusks, and crustaceans.
Fishery means:
(1) One or more stocks of fish that can be treated as a unit for
purposes of conservation and management and that are identified on the
basis of geographical, scientific, technical, recreational, and
economic characteristics.
(2) Any fishing for such stocks.
Harvesting vessel means any vessel of the United States (this
includes any boat, ship, or other craft), that is used for, equipped to
be used for, or of a type that is normally used for harvesting.
Individual permit means an NSF permit issued under 45 CFR part 670;
or an NSF award letter (demonstrating that the individual has received
an award from NSF to do research in the Antarctic); or a marine mammal
permit issued under Sec. 216.31 of this chapter; or an endangered
species permit issued under Sec. 222.21 of this chapter.
Inspection vessel means a vessel carrying a CCAMLR inspector and
displaying the pennant approved by the Commission to identify such
vessel.
Land or landing means to begin offloading any fish, to arrive in
port with the intention of offloading any fish, or to cause any fish to
be offloaded.
NSF means National Science Foundation, 4201 Wilson Boulevard,
Arlington, VA 22230.
Recreational fishing means fishing with hook and line for personal
use and not for sale.
Scientific research activity means any activity for which a person
has a permit from NMFS under Sec. 216.31 of this title or an award
letter from NSF or a permit from the NSF under 45 CFR part 670.
Scientific research activities may also include harvesting or other
associated activities if such activities are designated as scientific
research activities by the Assistant Administrator.
Sec. 300.102 Relationship to other treaties, conventions, laws, and
regulations.
(a) Other conventions and treaties to which the United States is a
party and other Federal statutes and implementing regulations may
impose additional restrictions on the harvesting and importation into
the United States of AMLRs.
(b) The ACA implements the Antarctic Treaty Agreed Measures for the
Conservation of Antarctic Fauna and Flora (12 U.S.T. 794). The ACA and
its implementing regulations (45 CFR part 670) apply to certain defined
activities of U.S. citizens south of 60 deg. S. lat.
(c) The Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et
seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the
Migratory Bird Treaty Act (16 U.S.C. 701 et seq.), and their
implementing regulations also apply to the harvesting and importation
of AMLRs.
Sec. 300.103 Procedure for according protection to CCAMLR Ecosystem
Monitoring Program Sites.
(a) General. (1) Any person subject to the jurisdiction of the
United States must apply for and be granted an entry permit authorizing
specific activities prior to entering a CCAMLR Ecosystem Monitoring
Program (CEMP) Protected Site designated in accordance with the CCAMLR
Conservation Measure describing the Procedures for According Protection
for CEMP Sites.
(2) If a CEMP Protected Site is also a site specially protected
under the Antarctic Treaty (or the Protocol on Environmental Protection
to the Antarctic Treaty and its Annexes, when it enters into force), an
applicant seeking to enter such a Protected Site
[[Page 25460]]
must apply to the Director of the NSF for a permit under applicable
provisions of the ACA or any superseding legislation. The permit
granted by NSF shall constitute a joint CEMP/ACA Protected Site permit
and any person holding such a permit must comply with the appropriate
CEMP Protected Site Management Plan. In all other cases, an applicant
seeking a permit to enter a CEMP Protected Site must apply to the
Assistant Administrator for a CEMP permit in accordance with the
provisions of this section.
(b) Responsibility of CEMP permit holders and persons designated as
agents under a CEMP permit. (1) The CEMP permit holder and person
designated as agents under a CEMP permit are jointly and severally
responsible for compliance with the Act, this subpart, and any permit
issued under this subpart.
(2) The CEMP permit holder and agents designated under a CEMP
permit are responsible for the acts of their employees and agents
constituting violations, regardless of whether the specific acts were
authorized or forbidden by the CEMP permit holder or agents, and
regardless of knowledge concerning their occurrence.
(c) Prohibitions regarding the Antarctic Treaty System and other
applicable treaties and statutes. Holders of permits to enter CEMP
Protected Sites are not permitted to undertake any activities within a
CEMP Protected Site that are not in compliance with the provisions of:
(1) The Antarctic Treaty, including the Agreed Measures for the
Conservation of Antarctic Fauna and Flora (including the Protocol on
the Environmental Protection to the Antarctic Treaty and its Annexes
when it enters into force), as implemented under by the ACA and any
superseding legislation. (Persons interested in conducting activities
subject to the Antarctic Treaty or the Protocol should contact the
Office of Polar Programs, NSF).
(2) The Convention for the Conservation of Antarctic Seals.
(3) The Convention and its Conservation Measures in force,
implemented under the Act.
(d) Prohibitions on takings. Permits issued under this section do
not authorize any takings as defined in the applicable statutes and
implementing regulations governing the activities of persons in
Antarctica.
(e) Issuance criteria. Permits designated in this section may be
issued by the Assistant Administrator upon a determination that:
(1) The specific activities meet the requirements of the Act.
(2) There is sufficient reason, established in the permit
application, that the scientific purpose for the intended entry cannot
be served elsewhere.
(3) The actions permitted will not violate any provisions or
prohibitions of the Protected Site's Management Plan submitted in
compliance with the CCAMLR Conservation Measure describing the
Procedures for According Protection to CEMP Sites.
(f) Application process. An applicant seeking a CEMP permit from
the Assistant Administrator to enter a CEMP Protected Site shall
include the following in the application.
(1) A detailed justification that the scientific objectives of the
applicant cannot be accomplished elsewhere and a description of how
said objectives will be accomplished within the terms of the Protected
Site's Management Plan.
(2) A statement signed by the applicant that the applicant has read
and fully understands the provisions and prohibitions of the Protected
Site's Management Plan. Prospective applicants may obtain copies of the
relevant Management Plans and the CCAMLR Conservation Measure
describing the Procedures for According Protection to CEMP Sites by
requesting them from the Assistant Administrator.
(g) Conditions. CEMP permits issued under this section will contain
special and general conditions including a condition that the permit
holder shall submit a report describing the activities conducted under
the permit within 30 days of the expiration of the CEMP permit.
(h) Duration. Permits issued under this section are valid for a
period of 1 year. Applicants requesting a permit to reenter a Protected
Site must include the report required by the general condition in the
previously issued CEMP permit describing the activities conducted under
authority of that permit.
(i) Transfer. CEMP permits are not transferable or assignable. A
CEMP permit is valid only for the person to whom it is issued.
(j) Modification. (1) CEMP permits can be modified by submitting a
request to the Assistant Administrator. Such requests shall specify:
(i) The action proposed to be taken along with a summary of the
reasons therefore.
(ii) The steps that the permit holder may take to demonstrate or
achieve compliance with all lawful requirements.
(2) If a requested modification is not in compliance with the terms
of the Protected Site's Management Plan, the Assistant Administrator
will treat the requested modification as an application for a new CEMP
permit and so notify the holder. Modifications will be acted upon
within 30 days of receipt. The CEMP permit holder must report to the
Assistant Administrator any change in previously submitted information
within 10 days of the change.
(3) Additional conditions and restrictions. The Assistant
Administrator may revise the CEMP permit effective upon notification of
the permit holder, to impose additional conditions and restrictions as
necessary to achieve the purposes of the Convention, the Act and the
CEMP Management Plan. The CEMP permit holder must, as soon as possible,
notify any and all agents operating under the permit of any and all
revisions or modifications to the permit.
(k) Revocation or suspension. CEMP permits may be revoked or
suspended based upon information received by the Assistant
Administrator and such revocation or suspension shall be effective upon
notification to the permit holder.
(1) A CEMP permit may be revoked or suspended based on a violation
of the permit, the Act, or this subpart.
(2) Failure to report a change in the information submitted in a
CEMP permit application within 10 days of the change is a violation of
this subpart and voids the application or permit, as applicable. Title
15 CFR part 904 governs permit sanctions under this subpart.
(l) Exceptions. Entry into a Protected Site described in this
section is lawful if committed under emergency conditions to prevent
the loss of human life, compromise human safety, prevent the loss of
vessels or aircraft, or to prevent environmental damage.
(m) Protected sites. (1) Sites protected by the Antarctic Treaty
and regulated under the ACA are listed at 45 CFR part 670 subparts G
and H.
(2) The following sites have been identified as CEMP Protected
Sites subject to the regulatory authority of the Act:
(i) Seal Islands, South Shetland Islands--The Seal Islands are
composed of islands and skerries located approximately 7 km north of
the northwest corner of Elephant Island, South Shetland Islands. The
Seal Islands CEMP Protected Site includes the entire Seal Islands
group, which is defined as Seal Island plus any land or rocks exposed
at mean low tide within a distance of 5.5 km of the point of
[[Page 25461]]
highest elevation on Seal Island. Seal Island is situated at
60 deg.59'14'' S. lat., 55 deg.23'04'' W. long.
(ii) Cape Shirreff and the San Telmo Islands. This designation
takes effect on May 1, 1995. Cape Shirreff is a low, ice-free peninsula
towards the western end of the north coast of Livingston Island, South
Shetland Islands, situated at 62 deg.29' S. lat., 60 deg.47' W. long.,
between Barclay Bay and Hero Bay. San Telmo Island is the largest of a
small group of ice-free rock islets, approximately 2 km west of Cape
Shirreff. The boundaries of the Cape Shirreff CEMP Protected Site are
identical to the boundaries of the Site of Special Scientific Interest
No. 32, as specified by ATCM Recommendation XV-7. No manmade boundary
markers indicate the limits of the SSSI or protected site. The
boundaries are defined by natural features and include the entire area
of the Cape Shirreff peninsula north of the glacier ice tongue margin,
and most of the San Telmo Island group. For the purposes of the
protected site, the entire area of Cape Shirreff and the San Telmo
Island group is defined as any land or rocks exposed at mean low tide
within the area delimited by the map of SSSI No. 32 and available from
the Assistant Administrator.
Sec. 300.104 Scientific research.
(a) The management measures issued pursuant to the procedures at
Sec. 300.111 do not apply to catches of less than 5 tons taken by any
vessel for research purposes, unless otherwise indicated.
(b) Catches taken by any vessel for research purposes will be
considered as part of any catch limit.
(c) The catch reporting procedure identified in management measures
issued pursuant to the procedures at Sec. 300.111 applies whenever the
catch within any 5-day reporting period exceeds 5 tons, unless more
specific reporting requirements apply to the species being fished.
(d) Any person, organization or institution planning to use a
vessel for research purposes, when the estimated catch is expected to
be less than 50 tons, must provide the following vessel and research
notification to the Assistant Administrator at least 2 months in
advance of the planned research:
(1) Name and registration number of vessel.
(2) Division and subarea in which research is to be carried out.
(3) Estimated dates of entering and leaving CCAMLR Convention Area.
(4) Purposes of research.
(5) Fishing equipment to be used (bottom trawl, midwater trawl,
longline, crab pots, other).
(e) The following measures apply to any person planning to use any
vessel for research purposes, when the estimated catch is expected to
be more than 50 tons:
(1) The person must use the CCAMLR Format for Reporting Plans for
Finfish Surveys in the Convention Area when the Total Catch is Expected
to be More Than 50 Tons to report the details of the research plan to
the Assistant Administrator at least 7 months in advance of the planned
starting date for the research. A copy of the format is available from
the Assistant Administrator.
(2) The format requires:
(i) The name of the CCAMLR Member.
(ii) Survey details.
(iii) Description of the vessel.
(iv) Description of the fishing gear to be used.
(v) Description of acoustic gear to be used.
(vi) Survey design and methods of data analyses.
(vii) Data to be collected.
(3) A summary of the results of any research fishing subject to
these provisions must be provided to the Assistant Administrator within
150 days of the completion of the research fishing and a full report
must be provided within 11 months.
(4) Catch and effort data resulting from the research fishing must
be reported to the Assistant Administrator using the CCAMLR C4 haul-by-
haul reporting format for research vessels.
Sec. 300.105 Initiating a new fishery.
(a) A new fishery, for purposes of this section, is a fishery on a
species using a particular method in a statistical subarea for which:
(1) Information on distribution, abundance, demography, potential
yield and stock identity from comprehensive research/surveys or
exploratory fishing has not been submitted to CCAMLR;
(2) Catch and effort data have never been submitted to CCAMLR; or
(3) Catch and effort data from the two most recent seasons in which
fishing occurred have not been submitted to CCAMLR.
(b) An individual subject to these regulations intending to develop
a new fishery shall notify the Assistant Administrator no later than
July 1 of the year in which he or she intends to initiate the fishery
and shall not initiate the fishery pending CCAMLR review.
(c) The notification shall be accompanied by information on:
(1) The nature of the proposed fishery, including target species,
methods of fishing, proposed region and any minimum level of catches
that would be required to develop a viable fishery.
(2) Biological information from comprehensive research/survey
cruises, such as distribution, abundance, demographic data and
information on stock identity.
(3) Details of dependent and associated species and the likelihood
of them being affected by the proposed fishery.
(4) Information from other fisheries in the region or similar
fisheries elsewhere that may assist in the valuation of potential
yield.
Sec. 300.106 Exploratory fisheries.
(a) An exploratory fishery, for purposes of this section, is a
fishery that was previously defined as a new fishery under
Sec. 300.105.
(b) A fishery will continue to be classified as an exploratory
fishery until sufficient information is available to:
(1) Evaluate the distribution, abundance, and demography of the
target species, leading to an estimate of the fishery's potential
yield.
(2) Review the fishery's potential impacts on dependent and related
species.
(3) Allow the CCAMLR Scientific Committee to formulate and provide
advice to the Commission on appropriate harvest catch levels and
fishing gear.
(c) Each vessel participating in an exploratory fishery must carry
a scientific observer.
(d) The operator of any vessel engaging in an exploratory fishery
must submit, by the date specified in the operator's harvesting permit,
catch, effort, and related biological, ecological, and environmental
data as required by a data collection plan for the fishery formulated
by the CCAMLR Scientific Committee.
(e) In addition to the requirements in Sec. 300.112, any individual
planning to enter an exploratory fishery must notify the Assistant
Administrator no later than 4 months in advance of the annual meeting
of CCAMLR. The Assistant Administrator will not issue a permit to enter
an exploratory fishery until after the requirements of Sec. 300.112
have been met and the meeting of CCAMLR, which receives and considers
the notice made to the Assistant Administrator, has been concluded.
Sec. 300.107 Reporting and recordkeeping requirements.
The operator of any vessel required to have a permit under this
subpart must:
(a) Accurately maintain on board the vessel a fishing logbook and
all other reports and records required by its permit.
(b) Make such reports and records available for inspection upon the
[[Page 25462]]
request of an authorized officer or CCAMLR inspector.
(c) Within the time specified in the permit, submit a copy of such
reports and records to the Assistant Administrator.
Sec. 300.108 Vessel and gear identification.
(a) Vessel identification. (1) The operator of each harvesting
vessel assigned an IRCS must display that call sign amidships on both
the port and starboard sides of the deckhouse or hull, so that it is
visible from an enforcement or inspection vessel, and on an appropriate
weather deck so that it is visible from the air.
(2) The operator of each harvesting vessel not assigned an IRCS,
such as a small trawler associated with a mothership or one of a pair
of trawlers, must display the IRCS of the associated vessel, followed
by a numerical suffix specific for the non-assigned vessel.
(3) The vessel identification must be in a color in contrast to the
background and must be permanently affixed to the harvesting vessel in
block roman alphabet letters and arabic numerals at least 1 m in height
for harvesting vessels over 20 m in length, and at least 0.5 m in
height for all other harvesting vessels.
(b) Navigational lights and shapes. Each harvesting vessel must
display the lights and shapes prescribed by the International
Regulations for Preventing Collisions at Sea, 1972 (TIAS 8587, and 1981
amendment TIAS 10672), for the activity in which the harvesting vessel
is engaged (as described at 33 CFR part 81).
(c) Gear identification. (1) The operator of each harvesting vessel
must ensure that all deployed fishing gear that is not physically and
continuously attached to a harvesting vessel is clearly marked at the
surface with a buoy displaying the vessel identification of the
harvesting vessel (see paragraph (a) of this section) to which the gear
belongs, a light visible for 2 miles at night in good visibility, and a
radio buoy. Trawl codends passed from one vessel to another are
considered continuously attached gear and do not have to be marked.
(2) The operator of each harvesting vessel must ensure that
deployed longlines, strings of traps or pots, and gillnets are marked
at the surface at each terminal end with a buoy displaying the vessel
identification of the harvesting vessel to which the gear belongs (see
paragraph (a) of this section), a light visible for 2 miles at night in
good visibility, and a radio buoy.
(3) Unmarked or incorrectly identified fishing gear may be
considered abandoned and may be disposed of in accordance with
applicable Federal regulations by any authorized officer or CCAMLR
inspector.
(d) Maintenance. The operator of each harvesting vessel must:
(1) Keep the vessel and gear identification clearly legible and in
good repair.
(2) Ensure that nothing on the harvesting vessel obstructs the view
of the markings from an enforcement or inspection vessel or aircraft.
(3) Ensure that the proper navigational lights and shapes are
displayed for the harvesting vessel's activity and are properly
functioning.
Sec. 300.109 Gear disposal.
(a) The operator of a harvesting vessel may not dump overboard,
jettison or otherwise discard any article or substance that may
interfere with other fishing vessels or gear, or that may catch fish or
cause damage to any marine resource, including marine mammals and
birds, except in cases of emergency involving the safety of the ship or
crew, or as specifically authorized by communication from the
appropriate USCG commander or authorized officer. These articles and
substances include, but are not limited to, fishing gear, net scraps,
bale straps, plastic bags, oil drums, petroleum containers, oil, toxic
chemicals or any manmade items retrieved in a harvesting vessel's gear.
(b) The operator of a harvesting vessel may not abandon fishing
gear in Convention waters.
(c) The operator of a harvesting vessel must provide a copy of the
CCAMLR information brochure ``Marine Debris--A Potential Threat to
Antarctic Marine Mammals'' to each member of the crew of the harvesting
vessel and must display copies of the CCAMLR placard ``Avoidance of
Incidental Mortality of Antarctic Marine Mammals'' in the wheelhouse
and crew quarters of the harvesting vessels. Copies of the brochure and
placard will be provided to each holder of a harvesting permit by NMFS
when issuing the permit.
Sec. 300.110 Mesh size.
(a) The use of pelagic and bottom trawls having the mesh size in
any part of a trawl less than indicated is prohibited for any directed
fishing for the following Antarctic finfishes:
(1) Notothenia rossii and Dissostichus eleginoides--120 mm.
(2) Champsocephalus gunnari--90 mm.
(3) Gobionotothen gibberifrons, Notothenia kempi and Lepidorhirus
squamifrons--80 mm.
(b) Any means or device that would reduce the size or obstruct the
opening of the meshes is prohibited.
(c) The following procedure will be used for determining compliance
with mesh size requirements.
(1) Description of gauges. (i) Gauges for determining mesh sizes
will be 2 mm thick, flat, of durable material and capable of retaining
their shape. They may have either a series of parallel-edged sides
connected by intermediate tapering edges with a taper of one to eight
on each side, or only tapering edges with the taper defined above. They
will have a hole at the narrowest extremity.
(ii) Each gauge will be inscribed on its face with the width in
millimeters both on the parallel-sided section, if any, and on the
tapering section. In the case of the latter, the width will be
inscribed every 1 mm interval, but the indication of the width may
appear at regular intervals other than 1 mm.
(2) Use of the gauge. (i) The net will be stretched in the
direction of the long diagonal of the meshes.
(ii) A gauge as described in paragraph (c)(1) of this section will
be inserted by its narrowest extremity into the mesh opening in a
direction perpendicular to the plane of the net.
(iii) The gauge may be inserted into the mesh opening either with a
manual force or using a weight or dynamometer, until it is stopped at
the tapering edges by the resistance of the mesh.
(3) Selection of meshes to be measured. (i) Meshes to be measured
will form a series of 20 consecutive meshes chosen in the direction of
the long axis of the net, except that the meshes to be measured need
not be consecutive if the application of paragraph (c)(3)(ii) of this
section prevents it.
(ii) Meshes less than 50 cm from lacings, ropes, or codline will
not be measured. This distance will be measured perpendicular to the
lacings, ropes or codline with the net stretched in the direction of
that measurement. No mesh will be measured which has been mended or
broken or has attachments to the net fixed at that mesh.
(iii) Nets will be measured only when wet and unfrozen.
(4) The measurement of each mesh will be the width of the gauge at
the point where the gauge is stopped, when using this gauge in
accordance with paragraph (c)(2) of this section.
(5) Determination of the mesh size of the net will be the
arithmetical mean in millimeters of the measurements of the total
number of meshes selected and measured as provided for in paragraphs
(c) (3) and (4) of this section, the arithmetical mean being rounded up
to the next millimeter.
[[Page 25463]]
(6) Inspection procedure. (i) One series of 20 meshes, selected in
accordance with paragraph (c)(3) of this section, will be measured by
inserting the gauge manually without using a weight or dynamometer. The
mesh size of the net will then be determined in accordance with
paragraph (c)(5) of this section. If the calculation of the mesh size
shows that the mesh size does not appear to comply with the rules in
force, then two additional series of 20 meshes selected in accordance
with paragraph (c)(3) of this section will be measured. The mesh size
will then be recalculated in accordance with paragraph (c)(5) of this
section, taking into account the 60 meshes already measured; this
recalculation will be the mesh size of the net.
(ii) If the captain of the vessel contests the mesh size determined
in accordance with paragraph (c)(6)(i) of this section, such
measurement will not be considered for the determination of the mesh
size and the net will be remeasured.
(A) A weight or dynamometer attached to the gauge will be used for
remeasurement. The choice of weight or dynamometer is at the discretion
of the inspectors. The weight will be fixed to the hole in the
narrowest extremity of the gauge using a hook. The dynamometer may
either be fixed to the hole in the narrowest extremity of the gauge or
be applied at the largest extremity of the gauge.
(B) The accuracy of the weight or dynamometer must be certified by
the appropriate national authority.
(C) For nets of a mesh size of 35 mm or less as determined in
accordance with paragraph (c)(6)(i) of this section, a force of 19.61
newtons (equivalent to a mass of 2 kg) will be applied, and for other
nets, a force of 49.03 newtons (equivalent to a mass of 5 kg).
(D) For the purposes of determining the mesh size in accordance
with paragraph (c)(5) of this section, when using a weight or
dynamometer, one series of 20 meshes only will be measured.
Sec. 300.111 Framework for annual management measures.
(a) Introduction. New management measures may be added and others
modified through publication of a regulatory action in the Federal
Register. The following framework process authorizes the implementation
of measures that may affect the operation of the commercial or
exploratory fisheries, gear, area restrictions, or changes in catch
and/or effort.
(b) Preliminary notice. The Secretary of State shall publish
preliminary notice in the Federal Register of the management measures
adopted by the parties to the Convention.
(c) Procedure. At its annual meeting, usually in October or
November, the Commission may recommend new measures and that
established measures be modified, removed, or re-instituted. After
public notice of those recommendations by the Secretary of State and
opportunity for public comment, and after considering the impact of
instituting the measures and any public comment received by the
Secretary of State, the Assistant Administrator may implement the
management measures by notice in the Federal Register, with immediate
force and effect. The notification in the Federal Register will
summarize new management measures, and respond to any public comments
received by the Secretary of State on the preliminary notice.
(d) Types of management measures to be frameworked. Management
measures that may be implemented by regulatory notice rather than by
codified regulation are those that generally will not remain in effect
for more than 12 months and include catch restrictions, time and area
closures, and gear restrictions.
Sec. 300.112 Harvesting permits.
(a) General. (1) Every vessel subject to the jurisdiction of the
United States that attempts to reduce or reduces any AMLR to possession
must have a harvesting permit authorizing the attempt or reduction,
unless the attempt or reduction occurs during recreational fishing or
is covered by an individual permit. Boats launched from a vessel issued
a harvesting permit do not require a separate permit, but are covered
by the permit issued the launching vessel. Any enforcement action that
results from the activities of a launched boat will be taken against
the launching vessel.
(2) Permits issued under this section do not authorize vessels or
persons subject to the jurisdiction of the United States to harass,
capture, harm, kill, harvest, or import marine mammals. No marine
mammals may be taken in the course of commercial fishing operations
unless the taking is allowed under the Marine Mammal Protection Act
and/or the Endangered Species Act pursuant to an exemption or permit
granted by the appropriate agency.
(b) Responsibility of owners and operators. (1) The owners and
operators of each harvesting vessel are jointly and severally
responsible for compliance with the Act, this subpart, and any permit
issued under the Act and this subpart.
(2) The owners and operators of each such vessel are responsible
for the acts of their employees and agents constituting violations,
regardless of whether the specific acts were authorized or forbidden by
the owners or operators, and regardless of knowledge concerning their
occurrence.
(3) The owner of such vessel must report any sale, change in
ownership, or other disposition of the vessel to the Assistant
Administrator within 15 days of the occurrence.
(c) Application. Application forms for harvesting permits are
available from the Assistant Administrator (Attn: CCAMLR permits). A
separate fully completed and accurate application must be submitted for
each vessel for which a harvesting permit is requested at least 90 days
before the date anticipated for the beginning of harvesting.
(d) Issuance. The Assistant Administrator may issue a harvesting
permit to a vessel if the Assistant Administrator determines that the
harvesting described in the application will meet the requirements of
the Act and will not:
(1) Decrease the size of any harvested population to levels below
those that ensure its stable recruitment. For this purpose, the
Convention recommends that its size not be allowed to fall below a
level close to that which ensures the greatest net annual increment.
(2) Upset the ecological relationships between harvested,
dependent, and related populations of AMLRs and the restoration of
depleted populations to levels that will ensure stable recruitment.
(3) Cause changes or increase the risk of changes in the marine
ecosystem that are not potentially reversible over 2 or 3 decades,
taking into account the state of available knowledge of the direct and
indirect impact of harvesting, the effect of the introduction of alien
species, the effects of associated activities on the marine ecosystem
and of the effects of environmental changes, with the aim of making
possible the sustained conservation of AMLRs.
(4) Violate the management measures issued pursuant to Sec. 300.111
of this subpart.
(5) Violate any other conservation measures in force with respect
to the United States under the Convention or the Act.
(e) Duration. A harvesting permit is valid from its date of
issuance to its date of expiration unless it is revoked or suspended.
[[Page 25464]]
(f) Transfer. Permits are not transferable or assignable. A permit
is valid only for the vessel to which it is issued.
(g) Display. Each harvesting vessel when engaged in harvesting must
either have on board an up-to-date copy of its harvesting permit or a
fully completed and up-to-date harvesting vessel certificate and the
vessel operator must produce it for inspection upon the request of an
authorized officer or CCAMLR inspector. In order for the certificate to
be considered complete, the vessel owner or operator must enter on it
the name and IRCS of the vessel issued the harvesting permit, the
number of the harvesting permit and its date of issuance and
expiration, the harvesting authorized by the permit, and all conditions
and restrictions contained in the permit. Blank certificates are
available from the Assistant Administrator.
(h) Changes in information submitted by permit applicants or
holders--(1) Changes in pending applications. Applicants for a
harvesting permit must report to the Assistant Administrator in writing
any change in the information contained in the application. The
processing period for the application will be extended as necessary to
review the change.
(2) Changes occurring after permit issuance--(i) Changes other than
in the manner and amount of harvesting. The owner or operator of a
vessel that has been issued a harvesting permit must report to the
Assistant Administrator in writing any change in previously submitted
information other than a proposed change in the location, manner, or
amount of harvesting within 15 days of the change. Based on such
reported information, the Assistant Administrator may revise the permit
effective upon notification to the permit holder. As soon as possible,
the vessel owner or operator must revise any harvesting vessel
certificate evidencing the permit, accordingly.
(ii) Requested changes in the location, manner, or amount of
harvesting. Any changes in the manner or amount of harvesting must be
proposed in writing to the Assistant Administrator and may not be
undertaken unless authorized by the Assistant Administrator through a
permit revision or issuance of a new permit. If a requested change in
the location, manner, or amount of harvesting could significantly
affect the status of any Antarctic marine living resource, the
Assistant Administrator will treat the requested change as an
application for a new permit and so notify the holder.
(i) Additional conditions and restrictions. The Assistant
Administrator may revise the harvesting permit, effective upon
notification to the permit holder, to impose additional conditions and
restrictions on the harvesting vessel as necessary to achieve the
purposes of the Convention or the Act. The permit holder must, as soon
as possible, direct the vessel operator to revise the harvesting vessel
certificate, if any, accordingly.
(j) Revision, suspension, or revocation for violations. A
harvesting permit may be revised, suspended, or revoked if the
harvesting vessel is involved in the commission of any violation of its
permit, the Act, or this subpart. Failure to report a change in the
information contained in an application within 15 days of the change is
a violation of this subpart and voids the application or permit, as
applicable. If a change in vessel ownership is not reported, the
violation is chargeable to the previous owner. Title 15 CFR part 904
governs permit sanctions under this subpart.
Sec. 300.113 Import permits.
(a) General. (1) Any AMLR may be imported into the United States if
its harvest is authorized by an individual permit or a harvesting
permit. The harvesting permit, the harvesting vessel certificate, or
the individual permit, or a copy of any thereof, must accompany the
import. AMLRs harvested by entities not subject to U.S. jurisdiction
and, thus, not harvested under a U.S. issued permit (i.e., a harvesting
permit or an individual permit), also may be imported into the United
States if such harvesting will meet or met the requirements of the Act
and will not or did not violate any conservation measure in force with
respect to the United States under the Convention or the Act or violate
any of the regulations in this subpart, including resource management
measures contained therein. A NMFS issued import permit or copy thereof
must accompany such an import as proof that the foreign harvested
resources met such requirements. Further, the importer is required to
complete and return to the Assistant Administrator, no later than 10
days after the date of the importation, an import ticket reporting the
importation. However, in no event may a marine mammal be imported into
the United States unless authorized and accompanied by an import permit
issued under the Marine Mammal Protection Act and/or the Endangered
Species Act.
(2) A permit issued under this section does not authorize the
harvest of any AMLRs.
(b) Application. Application forms for import permits are available
from the Assistant Administrator (Attn: CCAMLR permits). A fully
completed and accurate application must be submitted for each import
permit requested at least 30 days before the anticipated date of the
importation.
(c) Issuance. The Assistant Administrator may issue an import
permit if the Assistant Administrator determines that the importation
meets the requirements of the Act and that the resources were not or
will not be harvested in violation of any conservation measure in force
with respect to the United States or in violation of any regulation in
this subpart. Blank import tickets will be attached to the permit.
Additional blank import tickets are available from the Assistant
Administrator.
(d) Duration. An import permit is valid from its date of issuance
to its date of expiration unless it is revoked or suspended.
(e) Transfer. An import permit is not transferable or assignable.
(f) Changes in information submitted by permit applicants or
holders--(1) Changes in pending applications. Applicants for an import
permit must report in writing to the Assistant Administrator any change
in the information submitted in their import permit application. The
processing period for the application will be extended as necessary to
review the change.
(2) Changes occurring after permit issuance. Any entity issued an
import permit must report in writing to the Assistant Administrator any
changes in previously submitted information. Any changes that would not
result in a change in the importation authorized by the permit must be
reported on the import ticket required to be submitted to the Assistant
Administrator no later than 10 days after the date of importation. Any
changes that would result in a change in the importation authorized by
the permit, such as country of origin, type and quantity of the
resource to be imported, and Convention statistical subarea from which
the resource was harvested, must be proposed in writing to the
Assistant Administrator and may not be undertaken unless authorized by
the Assistant Administrator by a permit revision or new permit.
(g) Revision, suspension, or revocation. An import permit may be
revised, suspended, or revoked based upon information subsequently
reported, effective upon notification to the permit holder. An import
permit may be revised, suspended, or revoked,
[[Page 25465]]
based upon a violation of the permit, the Act, or this subpart. Failure
to report a change in the information contained in an import permit
application is a violation of this subpart and voids the application or
permit, as applicable. Title 15 CFR part 904 governs permit sanctions
under this subpart.
(h) Disposition of resources not accompanied by required
documentation. (1) When AMLRs are imported into the United States
unaccompanied by a permit authorizing import, the importer must either:
(i) Abandon the resources;
(ii) Waive claim to the resources; or
(iii) Place the resources into a bonded warehouse and attempt to
obtain a permit authorizing their importation.
(2) If, within 60 days of such resources being placed into a bonded
warehouse, the District Director of the U.S. Customs Service receives
documentation that import of the resources into the United States is
authorized by a permit, the resources will be allowed entry. If
documentation of a permit is not presented within 60 days, the
importer's claim to the resources will be deemed waived.
(3) When resources are abandoned or claim to them waived, the
resources will be delivered to the Administrator of NOAA, or a
designee, for storage or disposal as authorized by law.
Sec. 300.114 Appointment of a designated representative.
(a) All holders of permits authorizing fishing in subarea 48.3 must
appoint a designated representative in the United States.
(b) The designated representative will be notified of closures
under Sec. 300.111 and must transmit this information to the vessel on
the grounds.
(c) The designated representative may receive catch reports from
the vessel and transmit the reports to NMFS in writing.
Sec. 300.115 Prohibitions.
In addition to the prohibitions in Sec. 300.4, it is unlawful for
any person to:
(a) Reduce to possession or attempt to reduce to possession any
AMLRs without a permit for such activity as required by Sec. 300.112.
(b) Import into the United States any AMLRs without either a permit
to import those resources as required by Sec. 300.113 or a permit to
harvest those resources as required by Sec. 300.112.
(c) Engage in harvesting or other associated activities in
violation of the provisions of the Convention or in violation of a
conservation measure in force with respect to the United States under
Article IX of the Convention.
(d) Ship, transport, offer for sale, sell, purchase, import, export
or have custody, control or possession of, any AMLR that he or she
knows, or reasonably should have known, was harvested in violation of a
conservation measure in force with respect to the United States under
article IX of the Convention or in violation of any regulation
promulgated under this subpart, without regard to the citizenship of
the person that harvested, or vessel that was used in the harvesting
of, the AMLR.
(e) Refuse to allow any CCAMLR inspector to board a vessel of the
United States or a vessel subject to the jurisdiction of the United
States for the purpose of conducting an inspection authorized by the
Act, this subpart, or any permit issued under the Act.
(f) Refuse to provide appropriate assistance, including access as
necessary to communications equipment, to CCAMLR inspectors.
(g) Refuse to sign a written notification of alleged violations of
Commission measures in effect prepared by a CCAMLR inspector.
(h) Assault, resist, oppose, impede, intimidate, or interfere with
a CCAMLR inspector in the conduct of any boarding or inspection
authorized by the Act, this subpart, or any permit issued under the
Act.
(i) Use any vessel to engage in harvesting after the revocation, or
during the period of suspension, of an applicable permit issued under
the Act.
(j) Fail to identify, falsely identify, fail to properly maintain,
or obscure the identification of a harvesting vessel or its gear as
required by this subpart.
(k) Fish in a closed area.
(l) Trawl with a mesh size in any part of the trawl net smaller
than that allowed for any directed fishing for Antarctic finfishes as
specified in management measures issued pursuant to Sec. 300.111.
(m) Use any means or device that would reduce the size or obstruct
the opening of the trawl meshes specified in management measures issued
pursuant to Sec. 300.111.
(n) Possess fish in violation of the catch limit specified in
management measures issued pursuant to Sec. 300.111.
(o) Discard netting or other substances in the Convention Area in
violation of Sec. 300.109.
(p) Violate or attempt to violate any provision of this subpart,
the Act, any other regulation promulgated under the Act or any permit
issued under the Act.
Sec. 300.116 Facilitation of enforcement and inspection.
In addition to the facilitation of enforcement provisions of
Sec. 300.5, the following requirements apply to this subpart.
(a) Access and records. (1) The owners and operator of each
harvesting vessel must provide authorized officers and CCAMLR
inspectors access to all spaces where work is conducted or business
papers and records are prepared or stored, including but not limited to
personal quarters and areas within personal quarters. If inspection of
a particular area would interfere with specific on-going scientific
research, and if the operator of the harvesting vessel makes such
assertion and produces an individual permit that covers that specific
research, the authorized officer or CCAMLR inspector will not disturb
the area, but will record the information pertaining to the denial of
access.
(2) The owner and operator of each harvesting vessel must provide
to authorized officers and CCAMLR inspectors all records and documents
pertaining to the harvesting activities of the vessel, including but
not limited to production records, fishing logs, navigation logs,
transfer records, product receipts, cargo stowage plans or records,
draft or displacement calculations, customs documents or records, and
an accurate hold plan reflecting the current structure of the vessel's
storage and factory spaces.
(3) Before leaving vessels that have been inspected, the CCAMLR
inspector will give the master of the vessel a Certificate of
Inspection and a written notification of any alleged violations of
Commission measures in effect and will afford the master the
opportunity to comment on it. The ship's master must sign the
notification to acknowledge receipt and the opportunity to comment on
it.
(b) Reports by non-inspectors. All scientists, fishermen, and other
non-inspectors present in the Convention area and subject to the
jurisdiction of the United States are encouraged to report any
violation of Commission conservation and management measures observed
in the Convention area to the Office of Ocean Affairs (CCAMLR
Violations), Department of State, Room 5801, Washington, DC 20520.
(c) Storage of AMLRs. The operator of each harvesting vessel
storing AMLRs in a storage space on board the vessel must ensure that
non-resource items are neither stowed beneath nor covered by resource
items, unless required to maintain the stability and safety of the
vessel. Non-resource items include, but are not limited to, portable
conveyors, exhaust fans, ladders, nets, fuel bladders, extra bin
boards, or other moveable non-resource items. These
[[Page 25466]]
non-resource items may be in a resource storage space when necessary
for the safety of the vessel or crew or for the storage of the items.
Lumber, bin boards, or other dunnage may be used for shoring or bracing
of product to ensure the safety of crew and to prevent shifting of
cargo within the space.
Sec. 300.117 Penalties.
Any person or harvesting vessel found to be in violation of the
Act, this subpart, or any permit issued under this subpart will be
subject to the civil and criminal penalty provisions and forfeiture
provisions prescribed in the Act, 15 CFR part 904, and other applicable
laws.
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Subpart H--Vessels of the United States Fishing in Columbian Treaty
Waters
Authority: 16 U.S.C. 1801 et seq.
Sec. 300.120 Purpose.
This subpart implements fishery conservation and management
measures as provided in fishery agreements pursuant to the Treaty
Between the Government of the United States of America and the
Government of the Republic of Colombia Concerning the Status of Quita
Sueno, Roncador and Serrana (TIAS 10120) (Treaty).
Sec. 300.121 Definitions.
In addition to the terms defined in Sec. 300.2, the Magnuson Act,
and Sec. 600.10 of this title, and in the Treaty, the terms used in
this subpart have the following meanings. If a term is defined
differently in Sec. 300.2, the Magnuson Act, or the Treaty, the
definition in this section shall apply.
Conch means Strombus gigas.
Factory vessel means a vessel that processes, transforms, or
packages aquatic biological resources on board.
Lobster means one or both of the following:
(1) Smoothtail lobster, Panulirus laevicauda.
(2) Spiny lobster, Panulirus argus.
Regional Director means the Director, Southeast Region, or a
designee.
Science and Research Director means the Director, Southeast
Fisheries Science Center.
Treaty waters means the waters of one or more of the following:
(1) Quita Sueno, enclosed by latitudes 13 deg.55' N. and 14 deg.43'
N. between longitudes 80 deg.55' W. and 81 deg.28' W.
(2) Serrana, enclosed by arcs 12 nautical miles from the low water
line of the cays and islands in the general area of 14 deg.22' N. lat.,
80 deg.20' W. long.
(3) Roncador, enclosed by arcs 12 nautical miles from the low water
line of Roncador Cay, in approximate position 13 deg.35' N. lat.,
80 deg.05' W. long.
Sec. 300.122 Relation to other laws.
(a) The relation of this subpart to other laws is set forth in
Sec. 600.705 of this title and paragraph (b) of this section.
Particular note should be made to the reference in Sec. 600.705 to the
applicability of title 46 U.S.C., under which a Certificate of
Documentation is invalid when the vessel is placed under the command of
a person who is not a citizen of the United States.
(b) Minimum size limitations for certain species, such as reef fish
in the Gulf of Mexico, may apply to vessels transitting the EEZ with
such species aboard.
Sec. 300.123 Certificates and permits.
(a) Applicability. An owner of a vessel of the United States that
fishes in treaty waters is required to obtain an annual certificate
issued by the Republic of Colombia and an annual vessel permit issued
by the Regional Director.
(b) Application for certificate/permit. (1) An application for a
permit must be submitted and signed by the vessel's owner. An
application may be submitted at any time, but should be submitted to
the Regional Director not less than 90 days in advance of its need.
Applications for the ensuing calendar year should be submitted to the
Regional Director by October 1.
(2) An applicant must provide the following:
(i) A copy of the vessel's valid USCG certificate of documentation
or, if not documented, a copy of its valid state registration
certificate.
(ii) Vessel name and official number.
(iii) Name, address, telephone number, and other identifying
information of the vessel owner or, if the owner is a corporation or
partnership, of the responsible corporate officer or general partner.
(iv) Principal port of landing of fish taken from treaty waters.
(v) Type of fishing to be conducted in treaty waters.
(vi) Any other information concerning the vessel, gear
characteristics, principal fisheries engaged in, or fishing areas, as
specified on the application form.
(vii) Any other information that may be necessary for the issuance
or administration of the permit, as specified on the application form.
(c) Issuance. (1) The Regional Director will request a certificate
from the Republic of Colombia if:
(i) The application is complete.
(ii) The applicant has complied with all applicable reporting
requirements of Sec. 300.124 during the year immediately preceding the
application.
(2) Upon receipt of an incomplete application, or an application
from a person who has not complied with all applicable reporting
requirements of Sec. 300.124 during the year immediately preceding the
application, the Regional Director will notify the applicant of the
deficiency. If the applicant fails to correct the deficiency within 30
days of the Regional Director's notification, the application will be
considered abandoned.
(3) The Regional Director will issue a permit as soon as the
certificate is received from the Republic of Colombia.
(d) Duration. A certificate and permit are valid for the calendar
year for which they are issued, unless the permit is revoked,
suspended, or modified under subpart D of 15 CFR part 904.
(e) Transfer. A certificate and permit issued under this section
are not transferable or assignable. They are valid only for the fishing
vessel and owner for which they are issued.
(f) Display. A certificate and permit issued under this section
must be carried aboard the fishing vessel while it is in treaty waters.
The operator of a fishing vessel must present the certificate and
permit for inspection upon request of an authorized officer or an
enforcement officer of the Republic of Colombia.
(g) Sanctions and denials. Procedures governing enforcement-related
permit sanctions and denials are found at subpart D of 15 CFR part 904.
(h) Alteration. A certificate or permit that is altered, erased, or
mutilated is invalid.
(i) Replacement. A replacement certificate or permit may be issued
upon request. Such request must clearly state the reason for a
replacement certificate or permit.
(j) Change in application information. The owner of a vessel with a
permit must notify the Regional Director within 30 days after any
change in the application information required by paragraph (b)(2) of
this section. The permit is void if any change in the information is
not reported within 30 days.
Sec. 300.124 Recordkeeping and reporting.
(a) Arrival and departure reports. The operator of each vessel of
the United States for which a certificate and permit have been issued
under Sec. 300.123 must report by radio to the Port Captain, San Andres
Island, voice radio call sign ``Capitania de San Andres,'' the vessel's
arrival in and departure from treaty waters. Radio reports must be made
on 8222.0 kHz or 8276.5 kHz between 8:00 a.m. and 12 noon, local time
(1300-1700, Greenwich mean time) Monday through Friday.
(b) Catch and effort reports. Each vessel of the United States must
report its catch and effort on each trip into treaty waters to the
Science and Research Director on a form available from the Science and
Research Director. These forms must be submitted to the Science and
Research Director so as to be received no later than 7 days after the
end of each fishing trip.
Sec. 300.125 Vessel identification.
(a) Official number. A vessel with a permit issued pursuant to
Sec. 300.123, when in treaty waters, must display its official number
on the port and starboard sides of the deckhouse or hull,
[[Page 25470]]
and on an appropriate weather deck, so as to be clearly visible from an
enforcement vessel or aircraft. The official number must be permanently
affixed to or painted on the vessel and must be in block arabic
numerals in contrasting color to the background at least 18 inches
(45.7 cm) in height for fishing vessels over 65 ft (19.8 m) in length,
and at least 10 inches (25.4 cm) in height for all other vessel.
(b) Duties of operator. The operator of each fishing vessel must--
(1) Keep the official number clearly legible and in good repair.
(2) Ensure that no part of the fishing vessel, its rigging, fishing
gear, or any other material aboard obstructs the view of the official
number from an enforcement vessel or aircraft.
Sec. 300.126 Prohibitions.
In addition to the general prohibitions specified in Sec. 600.725
of this title and the prohibited acts specified in Sec. 300.4, it is
unlawful for any person to do any of the following:
(a) Fish in treaty waters without the certificate and permit
aboard, or fail to display the certificate and permit, as specified in
Sec. 300.123 (a) and (f).
(b) Fail to notify the Regional Director of a change in application
information, as specified in Sec. 300.123(j).
(c) Fail to report a vessel's arrival in and departure from treaty
waters, as required by Sec. 300.124(a).
(d) Falsify or fail to display and maintain vessel identification,
as required by Sec. 300.125.
(e) Fail to comply immediately with instructions and signals issued
by an enforcement officer of the Republic of Colombia, as specified in
Sec. 300.127.
(f) Operate a factory vessel in treaty waters, as specified in
Sec. 300.130(a).
(g) Use a monofilament gillnet in treaty waters, as specified in
Sec. 300.130(b).
(h) Use autonomous or semi-autonomous diving equipment in treaty
waters, as specified in Sec. 300.130(c).
(i) Use or possess in treaty waters a lobster trap or fish trap
without a degradable panel, as specified in Sec. 300.130(d).
(j) Possess conch smaller than the minimum size limit, as specified
in Sec. 300.131(a).
(k) Fish for or possess conch in the closed area or during the
closed season, as specified in Sec. 300.131 (b) and (c).
(l) Retain on board a berried lobster or strip eggs from or
otherwise molest a berried lobster, as specified in Sec. 300.132(a).
(m) Possess a lobster smaller than the minimum size, as specified
in Sec. 300.132(b).
(n) Fail to return immediately to the water unharmed a berried or
undersized lobster, as specified in Sec. 300.132(a) and (b).
Sec. 300.127 Facilitation of enforcement.
(a) The provisions of Sec. 600.730 of this title and paragraph (b)
of this section apply to vessels of the United States fishing in treaty
waters.
(b) The operator of, or any other person aboard, any vessel of the
United States fishing in treaty waters must immediately comply with
instructions and signals issued by an enforcement officer of the
Republic of Colombia to stop the vessel and with instructions to
facilitate safe boarding and inspection of the vessel, its gear,
equipment, fishing record, and catch for purposes of enforcing this
subpart.
Sec. 300.128 Penalties.
Any person committing or fishing vessel used in the commission of a
violation of the Magnuson Act or any regulation issued under the
Magnuson Act, is subject to the civil and criminal penalty provisions
and civil forfeiture provisions of the Magnuson Act, to part 600 of
this title, to 15 CFR part 904, and to other applicable law. In
addition, Colombian authorities may require a vessel involved in a
violation of this subpart to leave treaty waters.
Sec. 300.129 Fishing year.
The fishing year for fishing in treaty waters begins on January 1
and ends on December 31.
Sec. 300.130 Vessel and gear restrictions.
(a) Factory vessels. Factory vessels are prohibited from operating
in treaty waters.
(b) Monofilament gillnets. A monofilament gillnet made from nylon
or similar synthetic material are prohibited from being used in treaty
waters.
(c) Tanks and air hoses. Autonomous or semiautonomous diving
equipment (tanks or air hoses) are prohibited from being used to take
aquatic biological resources in treaty waters.
(d) Trap requirements. A lobster trap or fish trap used or
possessed in treaty waters that is constructed of material other than
wood must have an escape panel located in the upper half of the sides
or on top of the trap that, when removed, will leave an opening no
smaller than the throat or entrance of the trap. Such escape panel must
be constructed of or attached to the trap with wood, cotton, or other
degradable material.
(e) Poisons and explosives. [Reserved]
Sec. 300.131 Conch harvest limitations.
(a) Size limit. The minimum size limit for possession of conch in
or from treaty waters is 7.94 oz (225 g) for an uncleaned meat and 3.53
oz (100 g) for a cleaned meat.
(b) Closed area. The treaty waters of Quita Sueno are closed to the
harvest or possession of conch.
(c) Closed season. During the period July 1 through September 30 of
each year, the treaty waters of Serrana and Roncador are closed to the
harvest or possession of conch.
Sec. 300.132 Lobster harvest limitations.
(a) Berried lobsters. A berried (egg-bearing) lobster in treaty
waters may not be retained on board. A berried lobster must be returned
immediately to the water unharmed. A berried lobster may not be
stripped, scraped, shaved, clipped, or in any other manner molested to
remove the eggs.
(b) Size limit. The minimum size limit for possession of lobster in
or from treaty waters is 5.5 inches (13.97 cm), tail length. Tail
length means the measurement, with the tail in a straight, flat
position, from the anterior upper edge of the first abdominal (tail)
segment to the tip of the closed tail. A lobster smaller than the
minimum size limit must be returned immediately to the water unharmed.
Subpart I--United States-Canada Fisheries Enforcement
Authority: 16 U.S.C. 1801 et seq.
Sec. 300.140 Purpose and scope.
This subpart implements the Agreement Between the Government of the
United States of America and the Government of Canada on Fisheries
Enforcement executed at Ottawa, Canada, on September 26, 1990
(Agreement), allowing each party to the Agreement to take appropriate
measures, consistent with international law, to prevent its nationals,
residents and vessels from violating those national fisheries laws and
regulations of the other party. This subpart applies, except where
otherwise specified in this subpart, to all persons and all places (on
water and on land) subject to the jurisdiction of the United States
under the Magnuson Act. This includes, but is not limited to,
activities of nationals, residents and vessels of the United States
(including the owners and operators of such vessels) within waters
subject to the fisheries jurisdiction of Canada as defined in this
subpart, as well as on the high seas and in waters subject to the
fisheries jurisdiction of the United States.
[[Page 25471]]
Sec. 300.141 Definitions.
In addition to the terms defined in Sec. 300.2 and those in the
Magnuson Act and the Agreement, the terms used in this subpart have the
following meanings. If a term is defined differently in Sec. 300.2, the
Magnuson Act, or the Agreement, the definition in this section applies.
Applicable Canadian fisheries law means any Canadian law,
regulation or similar provision relating in any manner to fishing by
any fishing vessel other than a Canadian fishing vessel in waters
subject to the fisheries jurisdiction of Canada, including, but not
limited to, any provision relating to stowage of fishing gear by
vessels passing through such waters, and to obstruction or interference
with enforcement of any such law or regulation.
Authorized officer of Canada means any fishery officer, protection
officer, officer of the Royal Canadian Mounted Police, or other
employee authorized by the appropriate authority of any national or
provincial agency of Canada to enforce any applicable Canadian
fisheries law.
Canadian fishing vessel means a fishing vessel:
(1) That is registered or licensed in Canada under the Canada
Shipping Act and is owned by one or more persons each of whom is a
Canadian citizen, a person resident and domiciled in Canada, or a
corporation incorporated under the laws of Canada or of a province,
having its principle place of business in Canada; or
(2) That is not required by the Canada Shipping Act to be
registered or licensed in Canada and is not registered or licensed
elsewhere but is owned as described in paragraph (1) of this
definition.
Waters subject to the fisheries jurisdiction of Canada means the
internal waters, territorial sea, and the zone that Canada has
established, extending 200 nautical miles from its coasts, in which it
exercises sovereign rights for the purpose of exploration,
exploitation, conservation and management of living marine resources,
to the extent recognized by the United States.
Sec. 300.142 Prohibitions.
The prohibitions in this section apply within waters subject to the
fisheries jurisdiction of Canada and during hot pursuit therefrom by an
authorized officer of Canada. It is unlawful for any national or
resident of the United States, or any person on board a vessel of the
United States, or the owner or operator of any such vessel, to do any
of the following:
(a) Engage in fishing in waters subject to the fisheries
jurisdiction of Canada without the express authorization of the
Government of Canada.
(b) Take or retain fish in waters subject to the fisheries
jurisdiction of Canada without the express authorization of the
Government of Canada.
(c) Be on board a fishing vessel in waters subject to the fisheries
jurisdiction of Canada, without stowing all fishing gear on board
either:
(1) Below deck, or in an area where it is not normally used, such
that the gear is not readily available for fishing; or
(2) If the gear cannot readily be moved, in a secured and covered
manner, detached from all towing lines, so that it is rendered unusable
for fishing; unless the vessel has been authorized by the Government of
Canada to fish in the particular location within waters subject to the
fisheries jurisdiction of Canada in which it is operating.
(d) While on board a fishing vessel in waters subject to the
fisheries jurisdiction of Canada, fail to respond to any inquiry from
an authorized officer of Canada regarding the vessel's name, flag
state, location, route or destination, and/or the circumstances under
which the vessel entered such waters.
(e) Violate the Agreement, any applicable Canadian fisheries law,
or the terms or conditions of any permit, license or any other
authorization granted by Canada under any such law.
(f) Fail to comply immediately with any of the enforcement and
boarding procedures specified in Sec. 300.143.
(g) Destroy, stave, or dispose of in any manner, any fish, gear,
cargo or other matter, upon any communication or signal from an
authorized officer of Canada, or upon the approach of such an officer,
enforcement vessel or aircraft, before the officer has had the
opportunity to inspect same, or in contravention of directions from
such an officer.
(h) Refuse to allow an authorized officer of Canada to board a
vessel for the purpose of conducting any inspection, search, seizure,
investigation or arrest in connection with the enforcement of any
applicable Canadian fisheries law.
(i) Assault, resist, oppose, impede, intimidate, threaten,
obstruct, delay, prevent, or interfere, in any manner, with an
authorized officer of Canada in the conduct of any boarding,
inspection, search, seizure, investigation or arrest in connection with
the enforcement of any applicable Canadian fisheries law.
(j) Make any false statement, oral or written, to an authorized
officer of Canada in response to any inquiry by that officer in
connection with enforcement of any applicable Canadian fisheries law.
(k) Falsify, cover, or otherwise obscure, the name, home port,
official number (if any), or any other similar marking or
identification of any fishing vessel subject to this subpart such that
the vessel cannot be readily identified from an enforcement vessel or
aircraft.
(l) Attempt to do any of the foregoing.
Sec. 300.143 Facilitation of enforcement.
(a) General. Persons aboard fishing vessels subject to this subpart
must immediately comply with instructions and/or signals issued by an
authorized officer of the United States or Canada, or by an enforcement
vessel or aircraft, to stop the vessel, and with instructions to
facilitate safe boarding and inspection for the purpose of enforcing
any applicable Canadian fisheries law, the Agreement, or this subpart.
All of the provisions of Sec. 300.5 regarding communications, boarding,
and signals apply to this subpart. For purposes of this subpart,
authorized officer in Sec. 305 means an authorized officer of the
United States or Canada. (See paragraph (b) of this section for
specific requirements for complying with signals and instructions
issued by an authorized officer of Canada.)
(b) Canadian signals. In addition to signals set forth in
Sec. 300.5, persons aboard fishing vessels subject to this subpart must
immediately comply with the following signals by an authorized officer
of Canada.
(1) Authorized officers of Canada use the following signals to
require fishing vessels to stop or heave to:
(i) The hoisting of a rectangular flag, known as the International
Code Flag ``L'', which is divided vertically and horizontally into
quarters and colored so that:
(A) The upper quarter next to the staff and the lower quarter next
to the fly are yellow; and
(B) The lower quarter next to the staff and the upper quarter next
to the fly are black;
(ii) The flashing of a light to indicate the International Morse
Code letter ``L'', consisting of one short flash, followed by one long
flash, followed by two short flashes (. - . .); or
(iii) The sounding of a horn or whistle to indicate the
International Morse Code letter ``L'', consisting of one short blast,
followed by one long blast, followed by two short blasts (. - . .).
[[Page 25472]]
(2) Authorized officers of Canada use the following signals to
require a fishing vessel to prepare to be boarded:
(i) The hoisting of flags representing the International Code Flag
``SQ3''; or
(ii) The flashing of a light, or the sounding of a horn or whistle,
to indicate the International Morse Code Signal ``SQ3'' (. . . - - . -
. . . - -).
Sec. 300.144 Penalties and sanctions.
Any person, any fishing vessel, or the owner or operator of any
such vessel, who violates any provision of the Agreement or this
subpart, is subject to the civil and criminal fines, penalties,
forfeitures, permit sanctions, or other sanctions provided in the
Magnuson Act, part 600 of this title, 15 CFR part 904 (Civil
Procedures), and any other applicable law or regulation.
Subpart J--U.S. Nationals Fishing in Russian Fisheries
Authority: 16 U.S.C. 1801 et seq.
Sec. 300.150 Purpose.
This subpart regulates U.S. nationals fishing in the Russian
fisheries and implements the Agreement between the Government of the
United States of America and the Government of the Union of Soviet
Socialist Republics on Mutual Fisheries Relations, signed May 31, 1988.
Sec. 300.151 Definitions.
In addition to the terms defined in Sec. 300.2 and those in the
Magnuson Act, the terms used in this subpart have the following
meanings. If a term is defined differently in Sec. 300.2 or the
Magnuson Act, the definition in this section shall apply.
Affiliates means two persons (including individuals and entities)
related in such a way that--
(1) One indirectly or directly controls or has power to control the
other; or
(2) A third party controls or has power to control both. Indicia of
control include, but are not limited to, interlocking management or
ownership, identity of interests among family members, shared
facilities and equipment, common use of employees, or a reorganized
entity having the same or similar management, ownership, or employees
as a former entity.
Agreement means the Agreement Between the Government of the United
States of America and the Government of the Union of Soviet Socialist
Republics on Mutual Fisheries Relations, signed May 31, 1988.
Embassy of the Russian Federation means the Fisheries Attache of
the embassy located in Washington, D.C.
Fishery resource means any fish, any stock of fish, any species of
fish, and any habitat of fish.
Fishing or to fish means any activity that does, is intended to, or
can reasonably be expected to result in catching or removing from the
water fishery resources. Fishing also includes the acts of scouting,
processing, and support.
Operator, with respect to any vessel, means the master or other
individual on board and in charge of either the vessel, the vessel's
fishing operation, or both.
Owner, with respect to any vessel, means any person who owns that
vessel in whole or in part, whether or not it is leased or chartered to
or managed by another person, or any charterer, whether bareboat, time,
or voyage, and any person who acts in the capacity of a charterer, or
manager, including but not limited to parties to a management
agreement, operating agreement, or any similar agreement that bestows
control over the destination, function, or operation of the vessel, any
officer, director, manager, controlling shareholder of any entity
described in this definition, any agent designated as such by any
person described in this definition, and any affiliate of any person
described in this definition.
Processing means any operation by a vessel to receive fish from a
fishing vessel and/or the preparation of fish, including but not
limited to cleaning, cooking, canning, smoking, salting, drying, or
freezing, either on the vessel's behalf or to assist another vessel.
Regional Director means Director, Alaska Region, or a designee.
Relevant laws and regulations of the Russian Federation means those
Russian laws and regulations that concern fishing for fishery resources
over which Russia exercises sovereign rights or fishery management
authority.
Russian and Federation mean the Russian Federation, its government,
or any organ or entity of its government.
Russian continental shelf or continental shelf of Russia means the
seabed and subsoil of the submarine areas over which, consistent with
international law, Russia exercises sovereign rights.
Russian Economic Zone or Russian EZ means a zone of waters off the
coast of Russia beyond and adjacent to the Russian territorial sea
extending a distance of up to 200 nautical miles from the baseline from
which the territorial sea is measured, within which, consistent with
international law, Russia has sovereign rights over the fishery
resources.
Russian Federation or Russia means the governing entity that
succeeded the Union of Soviet Socialist Republics, and that is the
successor party to the Agreement of May 31, 1988.
Russian fisheries, Russian fishery resources, or fishery resources
over which Russia exercises sovereign rights or fishery management
authority means fishery resources within the Russian EZ, fishery
resources of the Russian continental shelf, and anadromous species that
originate in the waters of Russia, whether found in the Russian EZ or
beyond any exclusive economic zone or its equivalent.
Scouting means any operation by a vessel exploring (on behalf of
the vessel or another vessel) for the presence of fish by any means
that do not involve the catching of fish.
Support means any operation by a vessel assisting fishing by
another vessel, including--
(1) Transferring or transporting fish or fish products; or
(2) Supplying a fishing vessel with water, fuel, provisions,
fishing equipment, fish processing equipment, or other supplies.
Sec. 300.152 Procedures.
(a) Application for annual permits. U.S. vessel owners and
operators must have a valid permit issued by the Russian Federation
obtained pursuant to a complete application submitted through NMFS
before fishing in the Russian EZ or for Russian fishery resources.
Application forms and copies of applicable laws and regulations of the
Russian Federation may be obtained from NMFS Headquarters.
(b) Other application information. Applications for motherships,
processing or transport vessels must identify the type of fishing gear
to be employed or the fishing quotas if the vessel has received or is
requesting a quota. To facilitate processing, NMFS requests that permit
applications for more than 10 vessels be grouped by type and fishing
area, and provide the name, address, telephone, and FAX number(s) of an
individual who will be the official point of contact for an
application.
(c) Review of Applications. NMFS will review each application, and,
if it is complete, forward it to the Department of State for submission
to the competent authorities of the Russian Federation. NMFS will
notify the permit applicant when the permit is submitted to the Russian
Federation. NMFS will return incomplete applications to the applicant.
(d) Direct Communication. U.S. applicants may communicate directly
with the Russian Federation with regard to the status of their
applications or permits and are encouraged to do so.
[[Page 25473]]
Owners and operators should make direct contact and work with Russian
industry and government authorities.
Sec. 300.153 Permit issuance.
(a) Acceptance. Once the Department of State has accepted the
conditions and restrictions proposed by the Russian Federation and all
fees have been paid, the competent authorities of the Russian
Federation will approve the application. The Russian Federation will
issue a permit to the vessel owner for each fishing vessel for which it
has approved an application. That vessel will thereupon be authorized
by the Russian Federation to fish in accordance with the Agreement and
the terms and conditions set forth in the permit. The vessel owner is
prohibited from transferring the permit to any other vessel or person.
Any such transfer, or the sale or other transfer of the vessel, will
immediately invalidate the permit. The vessel owner must notify NMFS of
any change in the permit application information submitted to NMFS
Headquarters under Sec. 300.152 within 7 calendar days of the change.
(b) Copies. The vessel owner and operator must mail a copy of each
permit and any conditions and restrictions issued for that vessel by
the Russian Federation within 7 calendar days of its receipt to NMFS
Headquarters.
(c) Validity. Any permit issued by the Russian Federation with
respect to a vessel subject to this subpart will be deemed to be a
valid permit only if:
(1) A completed permit application has been forwarded to the
competent authorities of the Russian Federation as provided in
Sec. 300.152(b)(1).
(2) Such application has been approved and a permit issued by the
competent authorities of the Russian Federation as provided in
paragraph (a) of this section.
(3) The U.S. Department of State has notified the competent
authorities of the Russian Federation that it has accepted the
conditions and restrictions as provided in paragraph (a) of this
section. The permit will be rendered invalid by: The transfer or sale
of the permit specified in paragraph (a) of this section; the failure
to submit to NMFS any changes in permit application information as
required by paragraph (a) of this section; failure to submit to NMFS
any permit copy required by paragraph (b) of this section or any other
information or report required by any other provision of this subpart;
or the failure to pay required permit fees.
(d) Russian-imposed sanctions. (1) The Russian Federation will
impose appropriate fines, penalties, or forfeitures in accordance with
its laws, for violations of its relevant laws or regulations.
(2) In the case of arrest and seizure of a U.S. vessel by Russian
authorities, notification will be given promptly through diplomatic
channels informing the United States of the facts and actions taken.
(3) The Russian Federation will release U.S. vessels and their
crews promptly, subject to the posting of reasonable bond or other
security.
(4) The sanctions for violations of limitations or restrictions on
fishing operations will be appropriate fines, penalties, forfeitures,
or revocations or suspensions of fishing privileges.
Sec. 300.154 Recordkeeping and reporting.
(a) General. The owner and operator of a vessel subject to this
subpart are responsible for complying with all recordkeeping and
reporting requirements in this part in a timely and accurate manner.
Reports and records required by this subpart must be in English, in the
formats specified, and unless otherwise specified, based on Greenwich
mean time (GMT).
(b) Vessel permit abstract report. (1) The owner and operator of a
vessel subject to this subpart must submit to NMFS Headquarters a
permit abstract report containing the following information:
(i) Vessel name.
(ii) Russian Federation permit number.
(iii) Duration of permit (e.g., 1/1/91-12/31/91).
(iv) Authorized areas of fishing operations in geographic
coordinates.
(v) Authorized catch quota in tons.
(vi) Authorized fishing gear.
(vii) Type of permit (e.g., catcher).
(2) The report must be telefaxed to (301) 713-0596 within 5
calendar days of receipt of the Russian permit.
(c) Activity reports. The owner and operator of a vessel subject to
this subpart must submit to the Regional Director by telefax to (907)
586-7313, the following reports:
(1) Depart Report (Action code DEPART). At least 24 hours before
the vessel departs from the EEZ for the Russian EZ, NMFS must receive
the following information:
(i) The date (month and day), and time (hour and minute GMT), and
position (latitude and longitude to the nearest degree and minute), at
which the vessel will depart the EEZ for the Russian EZ.
(ii) The weight in metric tons (to the nearest hundredth of a
metric ton) of all fish and fish product (listed by species and product
codes) on board the vessel at the time it will depart the EEZ.
(2) Return Report (Action code RETURN). At least 24 hours before a
vessel that has been in the Russian EZ enters the EEZ, NMFS must
receive the following information:
(i) The date (month and day), time (hour and minute GMT), and
position (latitude and longitude to the nearest degree and minute), at
which the vessel will enter the EEZ.
(ii) The weight in metric tons (to the nearest hundredth of a
metric ton) of all fish and fish products (listed by species and
product codes) on board the vessel at the time it will enter the EEZ,
and the areas (Russian EZ, U.S. EEZ, or other) in which such fish
products were harvested or received.
(3) All reports must specify: The appropriate action code
(``DEPART'' or ``RETURN''); the vessel's name and international radio
call sign (IRCS); the sender's name and telephone number, and FAX,
TELEX, and COMSAT numbers; the date (month and day) and time (hour and
minute GMT) that the report is submitted to NMFS; and the intended date
and U.S. port of landing. A list of species and product codes may be
obtained from the Regional Director.
(d) Recordkeeping. The owner and operator of a vessel subject to
this subpart must retain all copies of all reports required by this
subpart on board the vessel for 1 year after the end of the calendar
year in which the report was generated. The owner and operator must
retain and make such records available for inspection upon the request
of an authorized officer at any time for 3 years after the end of the
calendar year in which the report was generated, whether or not such
records on board the vessel.
Sec. 300.155 Requirements.
(a) Compliance with permit requirements. (1) U.S. nationals and
vessels subject to this subpart must have a valid permit, as specified
in Sec. 300.153(c) in order to fish for Russian fishery resources.
(2) U.S. nationals and vessels subject to this subpart that are
fishing for Russian fishery resources must comply with all provisions,
conditions, and restrictions of any applicable permit.
(b) Compliance with Russian law. U.S. nationals and vessels fishing
for Russian fishery resources must comply with the relevant laws and
regulations of the Russian Federation.
(c) Protection of marine mammals. U.S. nationals and vessels
fishing for Russian fishery resources may not harass, hunt, capture, or
kill any marine mammal within the Russian EZ, attempt to do so, except
as may be provided for by an international agreement to which
[[Page 25474]]
both the United States and Russia are parties, or in accordance with
specific authorization and controls established by the Russian
Federation. The provisions of the Marine Mammal Protection Act (MMPA),
16 U.S.C. 1361 et seq. also apply to any person or vessel subject to
the jurisdiction of the United States while in the Russian EZ, and it
shall not be a defense to any violation of the MMPA that the person or
vessel was acting in accordance with any permit or authorization issued
by the Russian Federation.
(d) Cooperation with enforcement procedures. (1) The operator of,
or any person aboard, any U.S. vessel subject to this subpart must
immediately comply with instructions and signals issued by an
authorized officer of the Russian Federation to stop the vessel and
with instructions to facilitate safe boarding and inspection of the
vessel, its gear, equipment, fishing record, and catch for purposes of
enforcing the relevant laws and regulations of Russia.
(2) The operator of, and any person aboard, any U.S. vessel subject
to this subpart, must comply with directions issued by authorized
officers of the Russian Federation in connection with the seizure of
the vessel for violation of the relevant laws or regulations of the
Russian Federation.
(3) U.S. nationals and vessels subject to this subpart must pay all
fines and penalties and comply with forfeiture sanctions imposed by the
Russian Federation for violations of its relevant laws and regulations.
(4) The operator of, and any person aboard, any U.S. vessel subject
to this subpart must immediately comply with instructions and signals
issued by an authorized officer of the United States to stop the vessel
and with instructions to facilitate safe boarding and inspection of the
vessel, its gear, equipment, fishing records, and catch for purposes of
enforcing the Magnuson Act, the Agreement, and this subpart.
(e) Compliance with observer requirements. The owner of, operator
of, and any person aboard, any U.S. vessel fishing in the Russian EZ or
for Russian fishery resources to which a Russian observer is assigned
must--
(1) Allow and facilitate, on request, boarding of a U.S. vessel by
the observer.
(2) Provide to the observer, at no cost to the observer or the
Russian Federation, the courtesies and accommodations provided to
ship's officers.
(3) Cooperate with the observer in the conduct of his or her
official duties.
(4) Reimburse the Russian Federation for the costs of providing an
observer aboard the vessel.
Sec. 300.156 Prohibited acts.
In addition to the prohibited acts specified at Sec. 300.4, it
shall be unlawful for any U.S. national or vessel, or the owner or
operator of any such vessel:
(a) To fish for Russian fishery resources without a valid permit
issued by the competent authorities of the Russian Federation.
(b) To violate the provisions, conditions, and restrictions of an
applicable permit.
(c) To violate the relevant laws and regulations of Russia.
(d) To harass, hunt, capture, or kill any marine mammal within the
Russian EZ, or while fishing for Russian fishery resources, except as
provided in Sec. 300.155(c).
(e) To fail to comply immediately with enforcement and boarding
procedures specified in Sec. 300.155(d).
(f) To refuse to allow an authorized officer of the Russian
Federation to board and inspect a vessel subject to this subpart for
purposes of conducting any search, inspection, arrest, or seizure in
connection with the enforcement of the relevant laws and regulations of
the Russian Federation.
(g) To assault, resist, oppose, impede, intimidate, threaten, or
interfere with, in any manner, any authorized officer of the Russian
Federation in the conduct of any search, inspection, seizure, or arrest
in connection with enforcement of the relevant laws and regulations of
the Russian Federation.
(h) To fail to pay fines or penalties or comply with forfeitures
imposed for a violation of the relevant laws and regulations of the
Russian Federation.
(i) To refuse or fail to allow a Russian observer to board a vessel
subject to this subpart while fishing in the Russian EZ, or for Russian
fishery resources.
(j) To fail to provide to a Russian observer aboard a vessel
fishing in the Russian EZ or for Russian fishery resources, the
courtesies and accommodations provided to ship's officers.
(k) To assault, resist, oppose, impede, intimidate, threaten,
interfere with, harass, or fail to cooperate, in any manner, with a
Russian observer placed aboard a vessel subject to this subpart.
(l) To fail to reimburse the Russian Federation for the costs
incurred in the utilization of Russian observers placed aboard such
vessel.
(m) To possess, have custody or control of, ship, transport, offer
for sale, sell, purchase, transship, import, export, or traffic in any
manner, any fish or parts thereof taken or retained, landed, purchased,
sold, traded, acquired, or possessed, in any manner, in violation of
the relevant laws and regulations of the Russian Federation, the
Magnuson Act, or this subpart.
(n) To enter the Russian EZ to fish unless a permit application has
been submitted through NMFS to the competent authorities of the Russian
Federation by the U.S. Department of State for such vessel as provided
in this subpart.
(o) To fish for Russian fisheries or to possess fish taken in
Russian fisheries on board a vessel subject to this subpart without a
valid permit or other valid form of authorization issued by the
competent authorities of the Russian Federation on board the vessel.
(p) To falsify, or fail to report to NMFS, any change in the
information contained in a permit application subject to this subpart
within 7 calendar days of such change.
(q) To attempt to do, cause to be done, or aid and abet in doing,
any of the foregoing.
(r) To violate any other provision of this subpart.
Sec. 300.157 Penalties.
In addition to any fine, penalty, or forfeiture imposed by the
Russian Federation, nationals and vessels of the United States
violating the prohibitions of Sec. 300.156 are subject to the fines,
penalties, and forfeitures and the adjudicative procedures provided in
the Magnuson Act, 16 U.S.C. 1858, 1860, 1861, and any other applicable
laws and regulations of the United States.
Subpart K--Transportation and Labeling of Fish or Wildlife
Authority: 16 U.S.C. 3371-3378.
Sec. 300.160 Requirement for marking of containers or packages.
Except as otherwise provided in this subpart, all persons are
prohibited from importing, exporting, or transporting in interstate
commerce any container or package containing any fish or wildlife
(including shellfish) unless each container or package is conspicuously
marked on the outside with both the name and address of the shipper and
consignee and an accurate list of its contents by species and number of
each species.
Sec. 300.161 Alternatives and exceptions.
(a) The requirements of Sec. 300.160 may be met by complying with
one of the following alternatives to the marking requirement:
(1)(i) Conspicuously marking the outside of each container or
package
[[Page 25475]]
containing fish or wildlife with the word ``fish'' or ``wildlife'' as
appropriate for its contents, or with the common name of its contents
by species, and
(ii) Including an invoice, packing list, bill of lading, or similar
document to accompany the shipment that accurately states the name and
address of the shipper and consignee, states the total number of
packages or containers in the shipment, and for each species in the
shipment specifies: The common name that identifies the species
(examples include: chinook (or king) salmon; bluefin tuna; and
whitetail deer); and the number of that species (or other appropriate
measure of quantity such as gross or net weight). The invoice, packing
list, bill of lading, or equivalent document must be securely attached
to the outside of one container or package in the shipment or otherwise
physically accompany the shipment in a manner that makes it readily
accessible for inspection; or
(2) Affixing the shipper's wildlife import/export license number
preceded by ``FWS'' on the outside of each container or package
containing fish or wildlife if the shipper has a valid wildlife import/
export license issued under authority of part 14 of this title. For
each shipment marked in accordance with this paragraph (a)(2), the
records maintained under Sec. 14.93(d) of this title must include a
copy of the invoice, packing list, bill of lading, or other similar
document that accurately states the information required by paragraph
(a)(1)(ii) of this section.
(3) In the case of subcontainers or packages within a larger
packing container, only the outermost container must be marked in
accordance with this section, provided, that for live fish or wildlife
that are packed in subcontainers within a larger packing container, if
the subcontainers are numbered or labeled, the packing list, invoice,
bill of lading, or other similar document, must reflect that number or
label.
(4) A conveyance (truck, plane, boat, etc.) is not considered a
container for purposes of requiring specific marking of the conveyance
itself, provided that:
(i) The fish or wildlife within the conveyance is carried loosely
or is readily identifiable, and is accompanied by the document required
by paragraph (a)(1)(ii) of this section; or
(ii) The fish or wildlife is otherwise packaged and marked in
accordance with this subpart.
(b) The requirements of Sec. 300.160 do not apply to containers or
packages containing--
(1) Fox, nutria, rabbit, mink, chinchilla, marten, fisher, muskrat,
and karakul that have been bred and born in captivity, or their
products, if a signed statement certifying that the animals were bred
and born in captivity accompanies the shipping documents;
(2) Fish or shellfish contained in retail consumer packages labeled
pursuant to the Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq.; or
(3) Fish or shellfish that are landed by, and offloaded from, a
fishing vessel (whether or not the catch has been carried by the
fishing vessel interstate), as long as the fish or shellfish remain at
the place where first offloaded.
PART 695--[REMOVED]
3. Under the authority of 16 U.S.C. 1801 et seq., 50 CFR part 695
is removed.
[FR Doc. 96-12447 Filed 5-15-96; 5:02 pm]
BILLING CODE 3510-22-W
