National Marine Fisheries Service/NOAA, Commerce § 296.15
Total Page:16
File Type:pdf, Size:1020Kb
National Marine Fisheries Service/NOAA, Commerce § 296.15 respond or denies responsibility for the the claimant as a condition of payment damages claimed will pay the costs of of the claim which: the proceedings if such person is subse- (1) Assigns to the Fund the claim- quently found to be responsible for the ant’s rights against third parties; and damage claimed. (2) Provides that the claimant will (b) By the claimant. Any claimant assist the Fund in any reasonable way who files a claim will pay the cost of to pursue those rights. the proceedings if such person is subse- (b) Collection of subrogated rights. If quently found to be responsible for the a reasonable chance of successful col- damage claimed. lection exists, NMFS will refer any (c) By person denying responsibility for subrogated rights to the Justice De- damage and the claimant. If more than partment for collection. one party is found to have responsi- bility for the damage claimed, then the (c) Any moneys recovered through cost of the proceedings will be appor- subrogation shall be deposited into the tioned between them. Fund. [47 FR 49600, Nov. 1, 1982, as amended at 61 § 296.13 Payment of award for claim. FR 6323, Feb. 20, 1996] (a) Upon an initial determination, the Chief, Financial Services Division, § 296.15 Judicial review. shall immediately disburse the claim Any claimant or other person who is awarded if the claimant signed as part aggrieved by a final determination of his/her application a statement may, no later than 30 days after the de- agreeing to repay all or any part of the termination, seek judicial review of award if the award should for any rea- the determination in the United States son be subsequently reduced. District Court for such judicial district (b) [Reserved] as may be mutually agreeable to the [61 FR 6322, Feb. 20, 1996] parties concerned or, if no agreement can be reached, in the United States § 296.14 Subrogation. District Court for the judicial district (a) The claim application will con- in which the claimant’s home port is tain a subrogation statement signed by located. 881 VerDate Nov<24>2008 10:56 Nov 25, 2009 Jkt 217227 PO 00000 Frm 00891 Fmt 8010 Sfmt 8010 Y:\SGML\217227.XXX 217227 wwoods2 on DSK1DXX6B1PROD with CFR VerDate Nov<24>2008 10:56 Nov 25, 2009 Jkt 217227 PO 00000 Frm 00892 Fmt 8010 Sfmt 8010 Y:\SGML\217227.XXX 217227 wwoods2 on DSK1DXX6B1PROD with CFR CHAPTER III—INTERNATIONAL FISHING AND RELATED ACTIVITIES Part Page 300 International fisheries regulations ......................... 885 883 VerDate Nov<24>2008 10:56 Nov 25, 2009 Jkt 217227 PO 00000 Frm 00893 Fmt 8008 Sfmt 8008 Y:\SGML\217227.XXX 217227 wwoods2 on DSK1DXX6B1PROD with CFR VerDate Nov<24>2008 10:56 Nov 25, 2009 Jkt 217227 PO 00000 Frm 00894 Fmt 8008 Sfmt 8008 Y:\SGML\217227.XXX 217227 wwoods2 on DSK1DXX6B1PROD with CFR PART 300—INTERNATIONAL 300.66 Prohibitions. FISHERIES REGULATIONS FIGURE 1 TO SUBPART E—BOUNDARIES FOR SITKA SOUND LOCAL AREA MANAGEMENT PLAN (LAMP) Subpart A—General FIGURE 2 TO SUBPART E—KETCHIKAN NON- Sec. RURAL AREA 300.1 Purpose and scope. FIGURE 3 TO SUBPART E—JUNEAU NON-RURAL 300.2 Definitions. AREA 300.3 Relation to other laws. FIGURE 4 TO SUBPART E—ANCHORAGE-MATSU- 300.4 General prohibitions. KENAI NON-RURAL AREA 300.5 Facilitation of enforcement. FIGURE 5 TO SUBPART E—VALDEZ NON-RURAL AREA Subpart B—High Seas Fisheries Subpart F—Fraser River Sockeye and Pink 300.10 Purpose. Salmon Fisheries 300.11 Definitions. 300.12 Issuing offices. 300.90 Purpose and scope. 300.13 Vessel permits. 300.91 Definitions. 300.14 Vessel identification. 300.92 Relation to other laws. 300.15 Prohibitions. 300.93 Reporting requirements. 300.16 Penalties. 300.17 Reporting. 300.94 Prohibitions and restrictions. 300.95 Treaty Indian fisheries. Subpart C—Pacific Tuna Fisheries 300.96 Penalties. 300.97 Inseason orders. 300.20 Purpose and scope. 300.21 Definitions. Subpart G—Antarctic Marine Living 300.22 Eastern Pacific fisheries record- Resources keeping and written reports. 300.23 Eastern Pacific fisheries – Persons 300.100 Purpose and scope. and vessels exempted. 300.101 Definitions. 300.24 Prohibitions. 300.102 Relationship to other treaties, con- 300.25 Eastern Pacific fisheries manage- ventions, laws, and regulations. ment. 300.103 Procedure for according protection to CCAMLR Ecosystem Monitoring Pro- Subpart D—South Pacific Tuna Fisheries gram Sites. 300.104 Scientific research. 300.30 Purpose and scope. 300.105 Initiating a new fishery. 300.31 Definitions. 300.32 Vessel licenses. 300.106 Exploratory fisheries. 300.33 Compliance with applicable national 300.107 Reporting and recordkeeping re- laws. quirements. 300.34 Reporting requirements. 300.108 Vessel and gear identification. 300.35 Vessel and gear identification. 300.109 Gear disposal. 300.36 Closed area stowage requirements. 300.110 Mesh size. 300.37 Radio monitoring. 300.111 Framework for annual management 300.38 Prohibitions. measures. 300.39 Exceptions. 300.112 Harvesting permits. 300.40 Civil penalties. 300.113 Scientific observers. 300.41 Investigation notification. 300.114 Dealer permits and preapproval. 300.42 Findings leading to removal from 300.115 Appointment of a designated rep- fishing area. resentative. 300.43 Observers. 300.116 Requirements for a vessel moni- 300.44 Other inspections. toring system. 300.45 Vessel Monitoring System. 300.117 Prohibitions. 300.46 Transshipping requirements. 300.118 Facilitation of enforcement and in- spection. Subpart E—Pacific Halibut Fisheries 300.119 Penalties. 300.60 Purpose and scope. FIGURE 1 TO SUBPART G—BOUNDARIES OF THE 300.61 Definitions. STATISTICAL REPORTING AREA IN THE 300.62 Annual management measures. SOUTHERN OCEAN 300.63 Catch sharing plan and domestic FIGURE 2 TO SUBPART G—THE USE OF management measures in Area 2A. STREAMER LINES TO MINIMIZE THE INCI- 300.64 Fishing by U.S. treaty Indian tribes. DENTAL MORTALITY OF SEABIRDS IN THE 300.65 Catch sharing plan and domestic COURSE OF LONGLINE FISHING OR management measures in waters in and LONGLINE FISHING RESEARCH OPERATIONS off Alaska. IN THE CONVENTION AREA 885 VerDate Nov<24>2008 10:56 Nov 25, 2009 Jkt 217227 PO 00000 Frm 00895 Fmt 8010 Sfmt 8010 Y:\SGML\217227.XXX 217227 wwoods2 on DSK1DXX6B1PROD with CFR § 300.1 50 CFR Ch. III (10–1–09 Edition) Subpart H—Vessels of the United States 300.185 Documentation, reporting and rec- Fishing in Colombian Treaty Waters ordkeeping requirements for consign- ment documents and re-export certifi- 300.120 Purpose. cates. 300.121 Definitions. 300.186 Completed and approved documents. 300.122 Relation to other laws. 300.187 Validation requirements. 300.123 Certificates and permits. 300.188 Ports of entry. 300.124 Recordkeeping and reporting. 300.189 Prohibitions. 300.125 Vessel identification. 300.126 Prohibitions. Subpart N—Definition of Illegal, 300.127 Facilitation of enforcement. Unreported, or Unregulated Fishing 300.128 Penalties. 300.129 Fishing year. 300.200 Purpose. 300.130 Vessel and gear restrictions. 300.201 Definition. 300.131 Conch harvest limitations. 300.132 Lobster harvest limitations. Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species Subpart I—United States-Canada Fisheries Enforcement 300.210 Purpose and scope. 300.211 Definitions. 300.140 Purpose and scope. 300.212 Vessel permit endorsements. [Re- 300.141 Definitions. served] 300.142 Prohibitions. 300.213 Vessel information. [Reserved] 300.143 Facilitation of enforcement. 300.214 Compliance with laws of other na- 300.144 Penalties and sanctions. tions. [Reserved] 300.215 Observers. Subpart J—U.S. Nationals Fishing in Russian 300.216 Transshipment. [Reserved] Fisheries 300.217 Vessel identification. [Reserved] 300.218 Reporting and recordkeeping re- 300.150 Purpose. quirements. [Reserved] 300.151 Definitions. 300.219 Vessel monitoring system. [Re- 300.152 Procedures. served] 300.153 Permit issuance. 300.220 Confidentiality of information. [Re- 300.154 Recordkeeping and reporting. served] 300.155 Requirements. 300.221 Facilitation of enforcement and in- 300.156 Prohibited acts. spection. [Reserved] 300.157 Penalties. 300.222 Prohibitions. Subpart K—Transportation and Labeling of 300.223 Purse seine fishing restrictions. Fish or Wildlife SOURCE: 61 FR 35550, July 5, 1996, unless otherwise noted. 300.160 Requirement for marking of con- tainers or packages. EDITORIAL NOTE: Nomenclature changes to 300.161 Alternatives and exceptions. part 300 appear at 64 FR 44431, Aug. 16, 1999. Subpart L—Pacific Albacore Tuna Fisheries Subpart A—General 300.170 Purpose and scope. 300.171 Definitions. AUTHORITY: 16 U.S.C. 2431 et seq., 31 U.S.C. 300.172 Vessel list. 9701 et seq. 300.173 Vessel identification. 300.174 Logbook reports. § 300.1 Purpose and scope. 300.175 Hail-in and hail-out reports. The purpose of this part is to imple- 300.176 Prohibitions. ment the fishery conservation and Subpart M—International Trade Docu- management measures provided for in mentation and Tracking Programs for the international treaties, conventions, Highly Migratory Species or agreements specified in each sub- part, as well as certain provisions of 300.180 Purpose and scope. the Lacey Act Amendments of 1981. 300.181 Definitions. The regulations in this part apply, ex- 300.182 HMS international trade permit. cept where otherwise specified in this 300.183 Permit holder reporting and record- keeping requirements. part, to all persons and all places sub- 300.184 Species subject to permitting, docu- ject to the jurisdiction of the United mentation, reporting, and recordkeeping States under the acts implemented requirements. under each subpart. 886 VerDate Nov<24>2008 10:56 Nov 25, 2009 Jkt 217227 PO 00000 Frm 00896 Fmt 8010 Sfmt 8010 Y:\SGML\217227.XXX 217227 wwoods2 on DSK1DXX6B1PROD with CFR Int’l. Fishing and Related Activities § 300.2 § 300.2 Definitions. Executive Center Drive, N., St.