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 responsibility 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.

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Part Page 300 International fisheries regulations ...... 885

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Subpart H—Vessels of the United States 300.185 Documentation, reporting and rec- Fishing in Colombian Treaty Waters ordkeeping requirements for consignment 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 containers 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 subpart, 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 recordkeeping 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.

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§ 300.2 Definitions. Executive Center Drive, N., St. Peters- burg, FL 33702, or a designee. In addition to the definitions in each act, agreement, convention, or treaty Director, Southwest Region, means Di- specified in subparts B through K of rector, Southwest Region, NMFS, 501 this part, the terms used in this part West Ocean Boulevard, Suite 4200, Long have the following meanings: Beach, CA 90802–4213, or a designee. Assistant Administrator means the As- Exclusive Economic Zone or EEZ sistant Administrator for Fisheries, means the zone established by Presi- National Oceanic and Atmospheric Ad- dential Proclamation 5030, dated March ministration, Department of Com- 10, 1983, as defined in 16 U.S.C. 1802(6). merce, or a designee. Address: Room Fishing or to fish means: 14555, 1315 East-West Highway, Silver (1) The catching or taking of fish; Spring, MD 20910. (2) The attempted catching or taking Authorized officer means: of fish; (1) Any commissioned, warrant, or (3) Any other activity that can rea- petty officer of the U.S. Coast Guard; sonably be expected to result in the or any U.S. Coast Guard personnel ac- catching or taking of fish; or companying and acting under the di- (4) Any operations at sea in support rection of a commissioned, warrant, or of, or in preparation for, any activity petty officer of the U.S. Coast Guard; described in paragraphs (1) through (3) (2) Any special agent or fisheries en- of this definition. forcement officer of NMFS; or Fishing vessel means any vessel, boat, (3) Any person designated by the ship, or other craft that is used for, head of any Federal or state agency equipped to be used for, or of a type that has entered into an agreement normally used for fishing. with the Secretary of Commerce or the IATTC means the Inter-American Commandant of the U.S. Coast Guard Tropical Tuna Commission, established to enforce the provisions of any statute pursuant to the Convention for the Es- administered by the Secretary. tablishment of an Inter-American CCAMLR inspector means a person Tropical Tuna Commission. designated by a member of the Com- Import means to land on, bring into, mission for the Conservation of Ant- or introduce into, or attempt to land arctic Marine Living Resources as an on, bring into, or introduce into, any inspector under Article XXIV of the place subject to the jurisdiction of the Convention on the Conservation of United States, whether or not such Antarctic Marine Living Resources to landing, bringing, or introduction, con- verify compliance with measures in ef- stitutes an importation within the fect under the Convention. meaning of the customs laws of the Director, Alaska Region, means Direc- United States. tor, Alaska Region, NMFS, 709 West IRCS means International Radio Call Ninth Street, Suite 401, P.O. Box 21668, Sign. Juneau, AK 99802, or a designee. Magnuson Act means the Magnuson Director, Northeast Region, means Fishery Conservation and Management Director, Northeast Region, NMFS, Act, 16 U.S.C. 1801 et seq. One Blackburn Drive, Gloucester, MA National of the United States or U.S. 01930–2298, or a designee. national means any person subject to Director, Northwest Region, means Di- the jurisdiction of the United States, rector, Northwest Region, NMFS, 7600 including, but not limited to, a citizen Sand Point Way, N.E., BIN C15700, or resident of the United States, or a Bldg. 1, Seattle, WA 98115, or a des- person employed on a vessel of the ignee. United States. In the case of a corpora- Director, Southeast Fisheries Science tion, partnership or other non- natural Center, means Director, Science and person, this includes, but is not limited Research, Southeast Fisheries Science to, any entity that is the owner of a Center, NMFS, 75 Virginia Beach vessel of the United States. Drive, Miami, FL 33149, or a designee. NMFS means the National Marine Director, Southeast Region, means Di- Fisheries Service, NOAA, Department rector, Southeast Region, NMFS, 9721 of Commerce.

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NMFS Headquarters means NMFS, (a) Violate the conditions or restric- 1315 East-West Highway, Silver Spring, tions of a permit issued under this MD 20910. Attention: Office of Fisheries part. Conservation and Management. (b) Fail to submit information, fail Official number means the docu- to submit information in a timely mentation number issued by the USCG manner, or submit false or inaccurate or the certificate number issued by a information, with respect to any infor- state or the USCG for an undocu- mation required to be submitted, re- mented vessel, or any equivalent num- ported, communicated, or recorded pur- ber if the vessel is registered in a for- suant to this part. eign nation. (c) Make any false statement, oral or Operator means, with respect to any written, to an authorized officer con- vessel, the master or other individual cerning the catching, taking, har- aboard and in charge of that vessel. vesting, possession, landing, purchase, Owner means, with respect to any sale, or transfer of fish, or concerning vessel: any other matter subject to investiga- (1) Any person who owns that vessel tion by that officer under this part. in whole or part (whether or not the (d) Conceal any material fact (includ- vessel is leased or chartered); ing by omission), concerning any mat- (2) Any charterer of the vessel, ter subject to investigation by an au- whether bareboat, time, or voyage; thorized officer under this part. (3) Any person who acts in the capac- (e) Refuse to allow an authorized offi- ity of a charterer, including but not cer to inspect any report or record re- limited to parties to a management quired to be made or kept under this agreement, operating agreement, or part. any similar agreement that bestows (f) Falsify, cover, or otherwise ob- control over the destination, function, scure, the name, home port, official or operation of the vessel; or number (if any), or any other similar (4) Any agent designated as such by a marking or identification of any fish- person described in this definition. ing vessel subject to this part such Person means any individual (wheth- that the vessel cannot be readily iden- er or not a citizen or national of the tified from an enforcement vessel or United States), any corporation, part- aircraft. nership, association, or other entity (g) Fail to comply immediately with (whether or not organized, or existing any of the enforcement and boarding under the laws of any state), and any procedures specified in this part. Federal, state, local, or foreign govern- (h) Refuse to allow an authorized of- ment or any entity of any such govern- ficer to board a fishing vessel, or enter ment. any other area of custody (i.e., any ves- Secretary means the Secretary of sel, building, vehicle, live car, pound, Commerce or a designee. pier, or dock facility where fish might USCG means the United States Coast be found) subject to such person’s con- Guard. trol, for the purpose of conducting any Yellowfin tuna means any fish of the inspection, search, seizure, investiga- species Thunnus albacares (synonomy: tion, or arrest in connection with the Neothunnus macropterus). enforcement of this part or any other applicable law. § 300.3 Relation to other laws. (i) Destroy, stave, or dispose of in Other laws that may apply to fishing any manner, any fish, gear, cargo, or activities addressed herein are set other matter, upon any communication forth in § 600.705 of chapter VI of this or signal from an authorized officer of title. the United States, or upon the approach of such an officer, enforcement § 300.4 General prohibitions. vessel, or aircraft, before the officer It is unlawful for any person subject has had the opportunity to inspect to the jurisdiction of the United States same, or in contravention of directions to: from such an officer.

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(j) Intentionally destroy evidence ladders at 46 CFR subpart 163.003 enti- that could be used to determine if a tled Pilot Ladder. violation of this part has occurred. (b) Communications. (1) Upon being (k) Assault, resist, oppose, impede, approached by a USCG vessel or air- intimidate, threaten, obstruct, delay, craft, or other vessel or aircraft with prevent, or interfere, in any manner, an authorized officer or CCAMLR in- with an authorized officer in the con- spector aboard, the operator of a fish- duct of any boarding, inspection, ing vessel must be alert for commu- search, seizure, investigation, or arrest nications conveying enforcement in- in connection with enforcement of this structions. part. (2) VHF-FM radiotelephone is the (l) Resist a lawful arrest or detention preferred method of communicating be- for any act prohibited by this part. tween vessels. If the size of the vessel (m) Interfere with, delay, or prevent, and the wind, sea, and visibility condi- by any means, the apprehension, ar- tions allow, a loudhailer may be used rest, or detection of another person, instead of the radio. Hand signals, plac- knowing that such person has com- ards, high frequency radiotelephone, mitted any act prohibited by this part. voice, flags, whistle or horn may be (n) Interfere with, obstruct, delay, or employed by an authorized officer or prevent, by any means, an investiga- CCAMLR inspector, and message tion, search, seizure, or disposition of blocks may be dropped from an air- seized property in connection with en- craft. forcement of this part. (3) If other communications are not (o) Ship, transport, offer for sale, practicable, visual signals may be sell, purchase, import, export, or have transmitted by flashing light directed custody, control, or possession of, any at the vessel signaled. USCG units will living marine resource taken or re- normally use the flashing light signal tained in violation of this part. ‘‘L’’ which, in the International Code of Signals, means ‘‘you should stop (p) Violate any provision of any stat- your vessel instantly.’’ ute implemented by this part. (4) Failure of a vessel’s operator (q) Attempt to do any of the fore- promptly to stop the vessel when di- going. rected to do so by an authorized officer or CCAMLR inspector, or by an en- § 300.5 Facilitation of enforcement. forcement vessel or aircraft, using (a) Compliance. The operator of, or loudhailer, radiotelephone, flashing any other person aboard, any fishing light, flags, whistle, horn or other vessel subject to this part must imme- means constitutes prima facie evidence diately comply with instructions and of the offense of refusal to allow an au- signals issued by an authorized officer thorized officer or CCAMLR inspector or CCAMLR inspector to stop the ves- to board. sel, and with instructions to facilitate (5) A person aboard a vessel who does safe boarding and inspection of the ves- not understand a signal from an en- sel, its gear, equipment, fishing record forcement unit and who is unable to (where applicable), and catch for pur- obtain clarification by loudhailer or poses of enforcing this part. radiotelephone must consider the sig- (1) For the purposes of this section nal to be a command to stop the vessel ‘‘freeboard’’ means the working dis- immediately. tance between the top rail of the gun- (c) Boarding. The operator of a vessel wale of a vessel and the water’s sur- directed to stop must: face. Where cut-outs are provided in (1) Monitor Channel 16, VHF-FM, if the bulwarks for the purpose of board- so equipped. ing personnel, freeboard means the dis- (2) Stop immediately and lay to or, if tance between the threshold of the bul- appropriate and/or directed to do so by wark cut-out and the water’s surface. the authorized officer or CCAMLR in- (2) For the purposes of this section, spector, maneuver in such a way as to ‘‘pilot ladder’’ means a flexible ladder allow the safe boarding of the vessel by constructed and approved to meet the the authorized officer or CCAMLR in- U.S. Coast Guard standards for pilot spector and the boarding party.

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(3) Except for fishing vessels with a § 300.10 Purpose. freeboard of 4 feet (1.25 m) or less, pro- This subpart implements the High vide, when requested by an authorized Seas Fishing Compliance Act of 1995 officer or CCAMLR inspector, a pilot (Act), which requires the Secretary to ladder capable of being used for the license U.S. vessels fishing on the high purpose of enabling the authorized offi- seas. cer or CCAMLR inspector to embark and disembark the vessel safely. The § 300.11 Definitions. pilot ladder must be maintained in In addition to the terms defined in good condition and kept clean. section 300.2 and those in the Act and (4) When necessary to facilitate the the Agreement to Promote Compliance boarding or when requested by an au- with International Conservation and thorized officer or CCAMLR inspector, Management Measures by Fishing Ves- provide a manrope or safety line, and sels on the High Seas, adopted by the illumination for the pilot ladder. Conference of the Food and Agriculture (5) Take such other actions as nec- Organization of the United Nations on essary to facilitate boarding and to en- November 24, 1993 (Agreement), the sure the safety of the authorized officer terms used in this subpart have the fol- or CCAMLR inspector and the boarding lowing meanings. If a term is defined party. differently in § 300.2, the Act, or the (d) Signals. The following signals, ex- Agreement, the definition in this sec- tracted from the International Code of tion shall apply. Signals, may be sent by flashing light High seas means the waters beyond by an enforcement unit when condi- the territorial sea or exclusive eco- tions do not allow communications by nomic zone (or the equivalent) of any loudhailer or radiotelephone. Knowl- Nation, to the extent that such terri- edge of these signals by vessel opera- torial sea or exclusive economic zone tors is not required. However, knowl- (or the equivalent) is recognized by the edge of these signals and appropriate United States. action by a vessel operator may pre- High seas fishing vessel means any ves- clude the necessity of sending the sig- sel of the United States used or in- nal ‘‘L’’ and the necessity for the ves- tended for use on the high seas for the sel to stop instantly. purpose of the commercial exploitation of living marine resources as a har- (1) ‘‘AA’’ repeated (.- .-) is the call to vesting vessel, mothership, or any an unknown station. The operator of other support vessel directly engaged the signaled vessel should respond by in a fishing operation. identifying the vessel by radio- International conservation and manage- telephone or by illuminating the ves- ment measures means measures to con- sel’s identification. serve or manage one or more species of (2) ‘‘RY-CY’’ (.-. -.-- -.-. -.--) means living marine resources that are adopt- ‘‘you should proceed at slow speed, a ed and applied in accordance with the boat is coming to you.’’ This signal is relevant rules of international law, as normally employed when conditions reflected in the 1982 United Nations allow an enforcement boarding without Convention on the Law of the Sea, and the necessity of the vessel being that are recognized by the United boarded coming to a complete stop, or, States. in some cases, without retrieval of fish- Regional Administrator means any one ing gear that may be in the water. of the Directors of the five NMFS re- (3) ‘‘SQ3’’ (... --.- ...--) means ‘‘you gional offices, defined under § 300.2, should stop or heave to; I am going to serving as the issuing office. board you.’’ § 300.12 Issuing offices. [61 FR 35550, July 5, 1996, as amended at 73 FR 67809, Nov. 17, 2008] Any Regional Administrator may issue permits required under this subpart. While applicants for permits may Subpart B—High Seas Fisheries submit an application to any Regional Administrator, applicants are encour- AUTHORITY: 16 U.S.C. 5501 et seq. aged to submit their applications (with

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envelopes marked ‘‘Attn: HSFCA Per- permit issuance. The amount of the fee mits’’) to the Regional Administrator will be determined in accordance with with whom they normally interact on the procedures of the NOAA Finance fisheries matters. Handbook, available from a Regional Administrator, for determining admin- § 300.13 Vessel permits. istrative costs of each special product (a) Eligibility. (1) Any high seas fish- or service. The fee is specified with the ing vessel of the United States is eligi- application form. The appropriate fee ble to receive a permit under this sub- must accompany each application. part, unless the vessel was previously Failure to pay the fee will preclude authorized to be used for fishing on the issuance of the permit. Payment by a high seas by a foreign nation, and— commercial instrument later deter- (i) The foreign nation suspended such mined to be insufficiently funded will authorization, because the vessel un- invalidate any permit. dermined the effectiveness of international conservation and management (e) Issuance. (1) Except as provided in measures, and the suspension has not subpart D of 15 CFR part 904, the Re- expired; or gional Administrator will issue a per- (ii) The foreign nation, within the 3 mit, which will include appropriate years preceding application for a per- conditions or restrictions, within 30 mit under this section, withdrew such days of receipt of a completed applica- authorization, because the vessel un- tion and payment of the appropriate dermined the effectiveness of inter- fee. national conservation and management (2) The Regional Administrator will measures. notify the applicant of any deficiency (2) The restrictions in paragraphs in the application. (a)(1) (i) and (ii) of this section do not (f) Validity. Permits issued under this apply if ownership of the vessel has subpart are valid for 5 years from the changed since the vessel undermined date of issuance. Renewal of a permit the effectiveness of international con- prior to its expiration is the responsi- servation and management measures, bility of the permit holder. For a per- and the new owner has provided suffi- mit to remain valid to its expiration cient evidence to the Regional Admin- date, the vessel’s USCG documentation istrator demonstrating that the owner or state registration must be kept cur- and operator at the time the vessel un- rent. A permit issued under this sub- dermined the effectiveness of such measures has no further legal, bene- part is void when the name of the ficial, or financial interest in, or con- owner or vessel changes, or in the trol of, the vessel. event the vessel is no longer eligible (3) The restrictions in paragraphs for U.S. documentation, such docu- (a)(1) (i) and (ii) of this section do not mentation is revoked or denied, or the apply if it is determined by the Re- vessel is removed from such docu- gional Administrator that issuing a mentation. permit would not subvert the purposes (g) Change in application information. of the Agreement. Any changes in vessel documentation (b) Application forms. The owner or status or other permit application in- operator of a high seas fishing vessel formation must be reported to the Re- may apply for a permit under this sub- gional Administrator in writing within part by completing an application 15 days of such changes. form. Applicants may obtain an appli- (h) Transfer. A permit issued under cation form from a Regional Adminis- this subpart is not transferable or as- trator. signable to another vessel or owner; it (c) Application information. An appli- is valid only for the vessel and owner cant must submit a complete and accu- to which it is issued. rate permit application, signed by the owner or operator, to the appropriate (i) Display. A valid permit, or a copy Regional Administrator. thereof, issued under this subpart must (d) Fees. NMFS will charge a fee to be on board the vessel while operating recover the administrative expenses of

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on the high seas and available for in- of letters and numbers must be no less spection by an authorized officer. than 0.1 m; Faxed copies of permits are acceptable. (vi) The height of the letters and numbers to be placed on decks must be [61 FR 35550, July 5, 1996, as amended at 64 FR 15, Jan. 4, 1999] no less than 0.3 m; (vii) The length of the hyphen(s), if § 300.14 Vessel identification. any, must be half the height (h) of the letters and numbers; (a) General. A vessel permitted under this subpart must be marked for identi- (viii) The width of the stroke for all fication purposes in accordance with letters, numbers, and hyphens must be this section. h/6; (b) Marking. Vessels must be marked (ix) The space between letters and/or either: numbers must not exceed h/4 nor be less than h/6; (1) In accordance with vessel identification requirements specified in Fed- (x) The space between adjacent let- eral fishery regulations issued under ters having sloping sides must not ex- the Magnuson-Stevens Act or under ceed h/8 nor be less than h/10; other Federal fishery management (xi) The marks must be white on a statutes; or black background, or black on a white (2) In accordance with the following background; identification requirements: (xii) The background must extend to (i) A vessel must be marked with its provide a border around the mark of no IRCS, or, if not assigned an IRCS, must less than h/6; and be marked (in order of priority) with (xiii) The marks and the background its Federal, state, or other documenta- must be maintained in good condition tion number appearing on its high seas at all times. fishing permit; [64 FR 15, Jan. 4, 1999] (ii) The markings must be displayed at all times on the vessel’s side or su- § 300.15 Prohibitions. perstructure, port and starboard, as In addition to the prohibitions in sec- well as on a deck; tion 300.4, it is unlawful for any person (iii) The markings must be placed so to: that they do not extend below the wa- (a) Use a high seas fishing vessel on terline, are not obscured by fishing the high seas in contravention of inter- gear, whether stowed or in use, and are national conservation and management clear of flow from scuppers or over- measures. board discharges that might damage or (b) Use a high seas fishing vessel on discolor the markings; the high seas, unless the vessel has on (iv) Block lettering and numbering board a valid permit issued under sec- must be used; tion 300.13. (v) The height of the letters and (c) Use a high seas fishing vessel on numbers must be in proportion to the the high seas that is not marked in ac- size of the vessel as follows: for vessels cordance with § 300.14. 25 meters (m) and over in length, the height of letters and numbers must be [61 FR 35550, July 5, 1996, as amended at 64 no less than 1.0 m; for vessels 20 m but FR 15, Jan. 4, 1999] less than 25 m in length, the height of letters and numbers must be no less § 300.16 Penalties. than 0.8 m; for vessels 15 m but less (a) Any person, any high seas fishing than 20 m in length, the height of let- vessel, the owner or operator of such ters and numbers must be no less than vessel, or any person who has been 0.6 m; for vessels 12 m but less than 15 issued or has applied for a permit, m in length, the height of letters and found to be in violation of the Act, this numbers must be no less than 0.4 m; for subpart, or any permit issued under vessels 5 m but less than 12 m in this subpart will be subject to the civil length, the height of letters and num- and criminal penalty provisions, per- bers must be no less than 0.3 m; and for mit sanctions, and forfeiture provisions vessels under 5 m in length, the height prescribed by the Act, 15 CFR part 904

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(Civil Procedures), and other applicable the log provided by the Regional Ad- laws. ministrator, Southwest Region, NMFS. (b) Permits under this subpart may (3) For other fisheries, a permit hold- be subject to permit sanctions pre- er must report high seas catch and ef- scribed by the Act, 15 CFR part 904 fort by maintaining and submitting (Civil Procedures), and other applicable records, specific to the fishing gear laws if any amount in settlement of a being used, on forms provided by the civil forfeiture imposed on a high seas Regional Administrator of the NMFS fishing vessel or other property, or any Region which issued the permit hold- civil penalty or criminal fine imposed er’s HSFCA permit. on a high seas fishing vessel or on an (c) Confidentiality of statistics. Infor- owner or operator of such a vessel or mation submitted pursuant to this sub- on any other person who has been part will be treated in accordance with issued or has applied for a permit under the provisions of 50 CFR part 600 of this any fishery resource statute enforced title. by the Secretary, has not been paid and [64 FR 15, Jan. 4, 1999, as amended at 67 FR is overdue. 64312, Oct. 18, 2002] [64 FR 15, Jan. 4, 1999] Subpart C—Pacific Tuna Fisheries § 300.17 Reporting.

(a) General. The operator of any ves- AUTHORITY: 16 U.S.C. 951–961 et seq. sel permitted under this subpart must report high seas catch and effort infor- § 300.20 Purpose and scope. mation to NMFS in a manner set by The regulations in this subpart are this section. Reports must include: issued under the authority of the Tuna identification information for vessel Conventions Act of 1950 (Act). The reg- and operator; operator signature; crew ulations implement recommendations size; whether an observer is aboard; of the Inter-American Tropical Tuna target species; gear used; dates, times, Commission (IATTC) for the conserva- locations, and conditions under which tion and management of highly migra- fishing was conducted; species and tory fish resources in the Eastern amounts of fish retained and discarded; Tropical Pacific Ocean so far as they and details of any interactions with sea affect vessels and persons subject to turtles or birds. the jurisdiction of the United States. (b) Reporting options. (1) For the following fisheries, a permit holder must [69 FR 67277, Nov. 17, 2004] maintain and submit the listed reporting forms to the appropriate address § 300.21 Definitions. and in accordance with the time limits In addition to the terms defined in required by the relevant regulations: § 300.2, in the Act, and in the Conven- (i) Antarctic—CCAMLR Logbook (50 tion for the Establishment of an Inter- CFR 300.107); American Tropical Tuna Commission (ii) Atlantic—Fishing Vessel Log Re- (Convention), the terms used in this ports (50 CFR 648.7(b)); subpart have the following meanings. If (iii) Atlantic Pelagic Longline— a term is defined differently in § 300.2, Longline Logbook (50 CFR 630.5); in the Act, or in the Convention, the (iv) Atlantic Purse Seine—Vessel definition in this section shall apply. Logbook (50 CFR 635.5); Bigeye tuna means the species (v) Pacific Pelagic Longline— Thunnus obesus. Longline Logbook (50 CFR 660.14(a)); Commercial passenger fishing vessel (vi) Eastern Pacific Purse Seine— means any vessel licensed for commer- IATTC Logbook (50 CFR 300.22); or cial passenger fishing purposes within (vii) Western Pacific Purse Seine— the State out of which it is operating South Pacific Tuna Treaty Logbook (50 and from which, while under charter or CFR 300.34). hire, persons are legally permitted to (2) For the albacore troll fisheries in conduct sportfishing activities. the North and South Pacific, a permit Commission’s Yellowfin Regulatory holder must report high seas catch and Area (CYRA) means the waters bounded effort by maintaining and submitting by a line extending westward from the

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mainland of North America along the Regional Vessel Register (hereafter re- 40° N. latitude parallel, and connecting ferred to as Vessel Register) means the the following coordinates: regional register of vessels authorized to fish for tuna and tuna-like species in 40° N. lat., 125° W. long.; the Convention Area, as established by 20° N. lat., 125° W. long.; the Inter-American Tropical Tuna 20° N. lat., 120° W. long.; 5° N. lat., 120° W. long.; Commission in June 2000. 5° N. lat., 110° W. long.; South Pacific Tuna Treaty means the 10° S. lat., 110° W. long.; Treaty on Fisheries Between the Gov- 10° S. lat., 90° W. long.; ernments of Certain Pacific Island 30° S. lat., 90° W. long.; and then eastward States and the Government of the along the 30° S. latitude parallel to the United States of America (50 CFR part coast of South America. 300, subpart D). Tender vessel means a vessel that does Convention Area means the waters not engage in purse seine fishing but within the area bounded by the main- tends to FADs in support of tuna fish- land of the Americas, lines extending ing operations. westward from the mainland of the Transship means to unload fish from Americas along the 40° N. lat. and 40° a vessel that caught fish to another S. lat., and 150° W. long. vessel. Fish aggregating device (FAD) means a Transshipment receiving vessel means manmade raft or other floating object any vessel, boat, ship, or other craft used to attract tuna and make them that is used to receive fish from a fish- available to fishing vessels. ing vessel. Fishing trip means a period of time Tuna means any fish of the genus between landings when fishing is con- Thunnus and the species Euthynnus ducted. (Katsuwonus) pelamis. Fishing vessel means any vessel, boat, ship, or other craft that is used for, [61 FR 35550, July 5, 1996, as amended at 64 equipped to be used for, or of a type FR 29133, May 28, 1999; 64 FR 44430, Aug. 16, 1999; 69 FR 67277, Nov. 17, 2004; 70 FR 19010, that is normally used for fishing or for Apr. 12, 2005; 74 FR 1618, Jan. 13, 2009] assisting or supporting a vessel engaged in fishing, except purse seine § 300.22 Eastern Pacific fisheries rec- skiffs. ordkeeping and written reports. Floating object means any natural ob- (a) The master or other person in ject or FAD around which fishing ves- charge of a commercial fishing vessel sels may catch tuna. or commercial passenger fishing vessel Incidental catch or incidental species (CPFV) authorized to fish for tuna and means species caught while fishing tuna-like species in the Convention with the primary purpose of catching a Area, or a person authorized in writing different species. An incidental catch is to serve as the agent for either person, expressed as a percentage of the weight must keep an accurate log of oper- of the total fish on board. ations conducted from the fishing ves- Land or Landing means to begin sel. For vessels greater than 400 st transfer of fish from a fishing vessel. (362.8 mt) carrying capacity that are Once transfer begins, all fish on board authorized to purse seine for tuna in the vessel are counted as part of the the Convention Area, the log must in- landing. clude for each day the date, noon posi- Observer means an individual placed tion (stated in latitude and longitude aboard a fishing vessel under the or in relation to known physical fea- IATTC observer program or any other tures), and the tonnage of fish on international observer program in board, by species. The record and which the United States may partici- bridge log maintained and submitted at pate. the request of the IATTC shall be suffi- Regional Administrator means the Re- cient to comply with this paragraph, gional Administrator, Southwest Re- provided the items of information spec- gion, NMFS, 501 West Ocean Boulevard, ified by the IATTC are accurately en- Suite 4200, Long Beach, CA 90802–4213, tered in the log. For purse seine vessels or a designee. of 400 st (362.8 mt) carrying capacity or

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less and for non-purse seine vessels, rod and reel, or pole and line fishing maintaining and submitting any log- gear to fish for tuna and tuna-like spe- book required by existing state or fed- cies in the Convention Area for sale eral regulation shall be sufficient to shall be collected by the Regional Ad- comply with this paragraph. ministrator to conform to IATTC reso- (b) Vessel Register. The Vessel Reg- lutions governing the Vessel Register. ister shall include, consistent with res- This information initially includes, but olutions of the IATTC, all commercial is not limited to, the vessel name and fishing vessels and CPFVs authorized registration number; the name and to fish for tuna and tuna-like species in business address of the owner(s) and the Convention Area. Except as pro- managing owner(s); a photograph of vided under paragraph (b)(1) of this sec- the vessel with the registration num- tion, tuna purse seine vessels must be ber legible; previous vessel name(s) and listed on the Vessel Register and cat- previous flag (if known and if any); egorized as active under paragraph port of registry; International Radio (b)(4)(i) of this section in order to fish Call Sign; vessel length, beam, and for tuna and tuna-like species in the moulded depth; gross tonnage, fish hold Convention Area. capacity in cubic meters, and carrying (1) Exceptions. The following classes capacity in metric tons; engine horse- of vessels are exempted from being list- power; date and place where built; and ed on the Vessel Register to purse seine type of fishing method or methods for tuna in the Convention Area: used. The required information shall be (i) Vessels licensed under the South collected as part of existing informa- Pacific Tuna Treaty that exercise an tion collections as described in this and option to fish in the Convention Area other parts of the CFR. for a single trip each year, provided (4) Purse seine vessel register status. that the total number of optional trips For a purse seine vessel to be listed on does not exceed 32 in a given calendar the Vessel Register and to be cat- year. Each optional trip in the Conven- egorized as either ‘‘active’’ or ‘‘inac- tion Area may not exceed 90 days in tive’’ in the following calendar year, duration. the vessel owner or managing owner (ii) Vessels of 400 st (362.8 mt) or less must submit to the Regional Adminis- carrying capacity for which landings of trator the required permit applica- tuna caught in the Convention Area tions, written notifications, and fees as comprise 50 percent or less of the ves- described under § 216.24(b) of this title sel’s total landings, by weight, for a and under paragraphs (b)(4)(i) and given calendar year. (b)(4)(iii) of this section. (2) Requirements for inclusion of purse (i) Active status. As early as August 1 seine vessels on the vessel register. The of each year, vessel owners or man- tuna purse seine portion of the Vessel aging owners may request that a purse Register shall include, consistent with seine vessel qualified to be listed on resolutions of the IATTC, only vessels the Vessel Register under paragraph that fished in the Convention Area (b)(2) of this section be categorized as prior to June 28, 2002. Inclusion on the active for the following calendar year. tuna purse seine portion of the Vessel To request a purse seine vessel in ex- Register is valid through December 31 cess of 400 st (362.8 mt) carrying capac- of each year. New tuna purse seine ves- ity be listed on the Vessel Register and sels may be added to the Vessel Reg- be categorized as active, the vessel ister at any time to replace those pre- owner or managing owner must submit viously removed by the Regional Ad- to the Regional Administrator the ves- ministrator, provided that the total ca- sel permit application and payment of pacity of the replacement vessel or ves- the permit application fee and vessel sels does not exceed that of the tuna assessment fee. To request a purse purse seine vessel or vessels being re- seine vessel of 400 st (362.8 mt) carrying placed. capacity or less be listed on the Vessel (3) Vessel information. Information on Register and be categorized as active, each commercial fishing vessel or the vessel owner or managing owner CPFV authorized to use purse seine, must submit to the Regional Adminis- longline, drift gillnet, harpoon, troll, trator written notification including,

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but not limited to, a vessel photograph, to the date and time stamp printed by the vessel information as described the incoming fax machine upon re- under paragraph (b)(3) of this section, ceipt, provided that the associated ves- and the owner or managing owner’s sel assessment fee is paid by the appli- signature and business telephone and cable deadline described in fax numbers. If a purse seine vessel of § 216.24(b)(6)(iii) of this title; and 400 st (362.8 mt) carrying capacity or (4) Requests received from owners or less is required by the Agreement on managing owners of vessels that were the IDCP to carry an observer, the ves- determined by the Regional Adminis- sel owner or managing owner must also trator to have made a frivolous request submit payment of the vessel assess- for active status under paragraph ment fee to the Regional Adminis- (b)(4)(ii) of this section. trator. Vessel permit applications and (ii) Frivolous requests for active status. written notifications must be sub- A request for active status under para- mitted by fax to (562) 980–4047. The Re- graph (b)(4)(i) of this section will be gional Administrator must receive the considered frivolous, unless as a result vessel permit application or written of force majeure or other extraordinary notification and payment of the permit circumstances as determined by the application fee and vessel assessment Regional Administrator if, for a vessel fee no later than September 15 for ves- categorized as active in a given cal- sels for which a DML was requested for endar year, the following year and no later than (A) Less than 20 percent of the ves- November 30 for vessels for which a sel’s total landings, by weight, in that DML was not requested for the fol- same year is comprised of tuna har- lowing year. Submission of the vessel vested by purse seine in the Convention permit application or written notifica- Area; or tion and payment of the vessel assess- (B) The vessel did not fish for tuna at ment fee and permit application fee all in the Convention Area in that will be interpreted by the Regional Ad- same year. ministrator as a request for a vessel to (iii) Inactive status. From August 1 be categorized as active. The following through November 30 of each year, ves- restrictions apply to active status: sel owners or managing owners may re- (A) The cumulative carrying capacity quest that purse seine vessels qualified of all purse seine vessels categorized as to be listed on the Vessel Register active on the Vessel Register may not under paragraph (b)(2) of this section exceed 8,969 mt in a given year; be categorized as inactive for the fol- (B) A purse seine vessel may not be lowing calendar year. To request a added to active status on the Vessel purse seine vessel in excess of 400 st Register unless the captain of the ves- (362.8 mt) carrying capacity be listed sel has obtained a valid operator per- on the Vessel Register and categorized mit under § 216.24(b)(2) of this title; as inactive for the following calendar (C) Requests for active status will be year, the vessel owner or managing prioritized according to the following owner must submit to the Regional Ad- hierarchy: ministrator payment of the associated (1) Requests received for vessels that vessel assessment fee. Payment of the were categorized as active in the pre- vessel assessment fee consistent with vious year, unless the request for ac- inactive status will be interpreted by tive status was determined to be frivo- the Regional Administrator as a re- lous by the Regional Administrator quest for the vessel to be categorized as under paragraph (b)(4)(ii) of this sec- inactive. To request a purse seine ves- tion; sel of 400 st (362.8 mt) carrying capacity (2) Requests received for vessels that or less be listed on the Vessel Register were categorized as inactive under and categorized as inactive for the fol- paragraph (b)(4)(iii) of this section in lowing calendar year, the vessel owner the previous year; or managing owner must submit by (3) Requests for vessels not described mail to the Regional Administrator a in paragraphs (b)(4)(i)(C)(1) or (2) of written notification including, but not this section will be prioritized on a limited to, the vessel name and reg- first-come, first-served basis according istration number and the vessel owner

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or managing owner’s name, signature, the intent to transfer the vessel to for- business address, and business tele- eign registry and flag, as described in phone and fax numbers. Payment of paragraph (b)(8) of this section; or the vessel assessment fee is not re- (viii) For tuna purse seine vessels, if quired for vessels of 400 st (362.8 mt) the request for active status on the carrying capacity or less to be cat- Vessel Register has been determined to egorized as inactive. At any time dur- be a frivolous request. ing the year, a vessel owner or man- (6) Process for Removal from the Vessel aging owner may request that a purse Register. When a vessel is removed from seine vessel qualified to be listed on the Vessel Register under paragraph the Vessel Register under paragraph (b)(5) of this section, the Regional Ad- (b)(2) of this section be categorized as ministrator shall promptly notify the inactive for the remainder of the cal- vessel owner in writing of the removal endar year. To request a purse seine and the reasons therefor. For a re- vessel in excess of 400 st (362.8 mt) carrying capacity be listed on the Vessel moval from the Vessel Register under Register and categorized as inactive for § 300.22(b)(5)(iii), the Regional Adminis- the remainder of the calendar year, the trator will not accept a request to rein- vessel owner or managing owner must state the vessel to the Vessel Register submit to the Regional Administrator for the term of the permit sanction. payment of the associated vessel as- For a removal from the Vessel Register sessment fee. To request a purse seine under § 300.22(b)(5)(iv), the Regional Ad- vessel of 400 st (362.8 mt) carrying ca- ministrator will not accept a request pacity or less be listed on the Vessel to reinstate the vessel to the Vessel Register and categorized as inactive for Register until such time as payment is the remainder of the calendar year, the made on the penalty or penalty agree- vessel owner or managing owner must ment, or such other duration as NOAA submit to the Regional Administrator and the vessel owner may agree upon. written notification as described in (7) Procedures for replacing purse seine this paragraph (payment of the vessel vessels removed from the Vessel Register. assessment fee is not required). (i) A purse seine vessel in excess of (5) Removal from the vessel register. A 400 st (362.8 mt) carrying capacity that vessel may be removed from the Vessel was previously listed on the Vessel Register by the Regional Adminis- Register, but not included for a given trator: year or years, may be added back to (i) If the vessel has sunk; the Vessel Register and categorized as (ii) Upon written request by the ves- inactive at any time during the year, sel’s owner or managing owner; provided the owner or managing owner (iii) Following a final agency action of the vessel pays the vessel assess- on a permit sanction for a violation; ment fee associated with inactive sta- (iv) For failure to pay a penalty or tus. A purse seine vessel of 400 st (362.8 for default on a penalty payment agreement resulting from a final agen- mt) carrying capacity or less that was cy action for a violation; previously listed on the Vessel Reg- (v) If the U.S. Maritime Administra- ister, but not included for a given year tion or the U.S. Coast Guard notifies or years, may be added back to the NMFS that: Vessel Register and categorized as in- (A) The owner has submitted an ap- active at any time during the year, plication for transfer of the vessel to provided the owner or managing owner foreign registry and flag; or of the vessel submits written notifica- (B) The documentation for the vessel tion as described in paragraph (b)(4)(iii) will be or has been deleted for any rea- of this section. son. (ii) A purse seine vessel may be added (vi) If the vessel does not have a valid to the Vessel Register and categorized state registration or U.S. Coast Guard as active in order to replace a vessel re- certificate of documentation; moved from active status under para- (vii) For tuna purse seine vessels, graph (b)(5) of this section, provided upon receipt of written notification the total carrying capacity of the ac- from the owner or managing owner of tive vessels does not exceed 8,969 mt

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and the owner submits a complete re- the Vessel Register if it has a carrying quest under paragraph (b)(7)(iv) or capacity equal to or less than the ves- (b)(7)(v) of this section. sel or vessels being replaced, and the (iii) After a purse seine vessel cat- captain of the replacement vessel pos- egorized as active is removed from the sesses an operator permit under Vessel Register, the Regional Adminis- § 216.24(b) of this title. Payments re- trator will notify owners or managing ceived will be subject to a 10 percent owners of vessels categorized as inac- surcharge for vessels that were listed tive that replacement capacity is as active on the Vessel Register in the available on the active list of the Ves- previous calendar year, but not listed sel Register. In the event that owners as inactive at the beginning of the cal- of inactive vessels do not request to re- endar year for which active status was place a removed vessel, the Regional requested. Administrator will notify owners of (vi) The Regional Administrator will vessels eligible for, but not included forward requests to replace vessels re- on, the Vessel Register that replace- moved from the Vessel Register within ment capacity is available on the ac- 15 days of receiving each request. tive list of the Vessel Register. (8) The owner or managing owner of a (iv) Vessel owners or managing own- purse seine vessel listed on the Vessel ers may request a purse seine vessel of Register must provide written notifica- 400 st (362.8 mt) carrying capacity or tion to the Regional Administrator less be categorized as active to replace prior to submitting an application for a vessel or vessels removed from the transfer of the vessel to foreign reg- Vessel Register by submitting to the istry and flag. Written notification Regional Administrator written notifi- must be submitted by mail and re- cation as described in paragraph ceived by the Regional Administrator (b)(4)(i) of this section and, only if the at least 10 business days prior to sub- vessel is required by the Agreement on mission of the application for transfer. the IDCP to carry an observer, pay- The written notification must include ment of the vessel assessment fee with- the vessel name and registration num- in 10 business days after submission of ber; the expected date that the applica- the faxed written notification. The re- tion for transfer will be submitted; and placement vessel will be eligible to be the vessel owner or managing owner’s categorized as active on the Vessel name and signature. Vessels that re- Register if it has a carrying capacity quire approval by the U.S. Maritime equal to or less than the vessel or ves- Administration prior to transfer of the sels being replaced. Payments received vessel to foreign registry and flag will not be subject to the notification re- will be subject to a 10 percent sur- quirement described in this paragraph. charge for vessels that were listed as active on the Vessel Register in the [61 FR 35550, July 5, 1996, as amended at 66 previous calendar year, but not listed FR 49320, Sept. 27, 2001; 70 FR 19010, Apr. 12, as inactive at the beginning of the cal- 2005; 74 FR 1618, Jan. 13, 2009] endar year for which active status was § 300.23 Eastern Pacific fisheries – Per- requested. sons and vessels exempted. (v) Vessel owners or managing owners may request a purse seine vessel in This subpart does not apply to: excess of 400 st (362.8 mt) carrying ca- (a) Any person or vessel authorized pacity be categorized as active to re- by the IATTC, the Assistant Adminis- place a vessel or vessels removed from trator, or any state of the United the Vessel Register by submitting to States to engage in fishing for research the Regional Administrator the vessel purposes. permit application as described under (b) Any person or vessel engaged in § 216.24(b) of this title and payment of sport fishing for personal use. the vessel assessment fee and permit [61 FR 35550, July 5, 1996, as amended at 74 application fee within 10 business days FR 1620, Jan. 13, 2009] after submission of the faxed vessel permit application for the replacement § 300.24 Prohibitions. vessel. The replacement vessel will be In addition to the prohibitions in eligible to be categorized as active on § 300.4, it is unlawful for any person or

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vessel subject to the jurisdiction of the ERAL REGISTER via appropriate rule- United States to: making. The publication in the FED- (a) Land any species of tuna during ERAL REGISTER will summarize the the closed season for that species in ex- fishery management resolutions and cess of the amount allowed by the Re- respond to any public comments regional Administrator. ceived by NMFS. (b) Fish on floating objects in the (b) Tuna quotas. (1) Fishing seasons Convention Area using any gear type for all tuna species begin on January 1 specified by the Regional Administra- and end either on December 31 or when tor’s notification of closure issued NMFS closes the fishery for a specific under § 300.25. species. (c) Use tender vessels in the Conven- (2) The Regional Administrator may tion Area. close the U.S. fishery for yellowfin, (d) Transship purse seine-caught tuna bigeye, or skipjack tuna or any other at sea within the Convention Area. tuna species in the Convention Area or (e) Fail to retain any bigeye, skip- portion of the Convention Area when jack, or yellowfin tuna brought on advised by the Director of Investiga- board a purse seine vessel in the Con- tions of the IATTC that the associated vention Area, except fish unfit for quota has been or is projected to be human consumption due to spoilage, reached. Any such closure may include: and except on the last set of the trip if (i) An allowance for an incidental the well capacity is filled. catch that may be landed while fishing (f) When using purse seine gear to for other tuna species; fish for tuna in the Convention Area, (ii) A prohibition on the further set- fail to release any non-tuna species as ting of specified gear types on floating soon as practicable after being identi- objects by U.S. vessels in the Conven- fied on board the vessel during the tion Area; brailing operation. (iii) Provisions for vessels that are at (g) Land any non-tuna fish species sea during an announced closure to fish taken in a purse seine set in the Con- unrestricted until the fishing trip is vention Area. completed; (h) Fail to use the sea turtle han- (iv) Provisions for vessels at sea with dling, release, and resuscitation proce- an observer on board during any clo- dures in § 300.25(e). sure to land fish unrestricted if the (i) Fail to report information when landing occurs after December 31; or requested by the Regional Adminis- (v) Other measures to ensure that the trator under § 300.22. conservation and management meas- (j) Fail to provide written notifica- ures of the IATTC are achieved. tion as described under § 300.22(b)(8) to (3) The Regional Administrator will the Regional Administrator at least 10 announce any such closures directly to business days prior to submission of an the owners or agents of U.S. vessels application to transfer a purse seine who are fishing in or are eligible to fish vessel listed on the Vessel Register to in the Convention Area. foreign registry and flag, unless trans- (4) As soon as practicable after being fer of the vessel requires approval by advised of the quota attainment or pro- the U.S. Maritime Administration. jection under paragraph (b)(2) of this section, the Regional Administrator [61 FR 35550, July 5, 1996, as amended at 64 FR 29133, May 28, 1999; 64 FR 44430, Aug. 16, will publish an announcement of the 1999; 66 FR 49320, Sept. 27, 2001. Redesignated closure in the FEDERAL REGISTER. and amended at 69 FR 67277, Nov. 17, 2004; 74 (c) Use of tender vessels. No person FR 1620, Jan. 13, 2009] subject to these regulations may use a tender vessel in the Convention Area. § 300.25 Eastern Pacific fisheries man- (d) Transshipments at sea. No person agement. subject to these regulations may trans- (a) Notification of IATTC recommenda- ship purse seine-caught tuna from one tions and resolutions. Fishery manage- vessel to another vessel at sea within ment resolutions made by the IATTC the Convention Area. and approved by the Department of (e) Bycatch reduction measures—(1) All State will be promulgated in the FED- purse seine vessels must retain on

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board and land all bigeye, skipjack, in § 223.206(d)(1)(i)(B) of this title shall and yellowfin tuna brought on board be used before release of the turtle. the vessel after a set, except fish [64 FR 44431, Aug. 16, 1999, as amended at 66 deemed unfit for human consumption FR 49320, Sept. 27, 2001. Redesignated at 69 for other than reason of size. This re- FR 67277, Nov. 17, 2004; 74 FR 1620, Jan. 13, quirement shall not apply to the last 2009] set of a trip if the available well capacity is insufficient to accommodate the Subpart D—South Pacific Tuna entire fish catch brought on board. Fisheries (2) All purse seine vessels must release all sharks, billfishes, rays, AUTHORITY: 16 U.S.C. 973–973r. mahimahi (dorado), and other non-tuna fish species, except those being re- § 300.30 Purpose and scope. tained for consumption aboard the ves- This subpart implements the South sel, as soon as practicable after being Pacific Tuna Act of 1988 (Act) and the identified on board the vessel during Treaty on Fisheries Between the Gov- the brailing operation. ernments of Certain Pacific Island (3) All purse seine vessels must apply States and the Government of the special sea turtle handling and release United States of America (Treaty) and procedures, as follows: applies to persons and vessels subject (i) Whenever a sea turtle is sighted in to the jurisdiction of the United the net, a speedboat shall be stationed States. close to the point where the net is lift- § 300.31 Definitions. ed out of the water to assist in release of the turtle; In addition to the terms defined in (ii) If a turtle is entangled in the net, § 300.2, in the Act, and in the Treaty, net roll shall stop as soon as the turtle and unless the context requires otherwise, the terms used in this subpart comes out of the water and shall not have the following meanings. If a term resume until the turtle has been dis- is defined differently in § 300.2, the Act, entangled and released; or the Treaty, the definition in this (iii) If, in spite of the measures taken section shall apply. under paragraphs (e)(3)(i) and (ii) of Administrator means the individual or this section, a turtle is accidentally organization designated by the Pacific brought onboard the vessel alive and Island Parties to act on their behalf active, the vessel’s engine shall be dis- under the Treaty and notified to the engaged and the turtle shall be re- United States. leased as quickly as practicable; Applicable national law means any of (iv) If a turtle brought on board the laws of Pacific Island Parties in the under paragraph (e)(3)(iii) of this sec- following table and any regulations or tion is alive but comatose or inactive, other instruments having the force of the resuscitation procedures described law implemented pursuant to these laws:

Pacific Island Party Laws

AUSTRALIA Antarctic Marine Living Resources Conservation Act, 1981. Fisheries Management Act, 1991. Fisheries Administration Act, 1991. Statutory Fishing Rights Charge Act, 1991. Fisheries Legislation (Consequential Provisions) Act, 1991. Foreign Fishing Licences Levy Act, 1991. Fishing Levy Act, 1991. Fisheries Agreements (Payments) Act, 1991. Torres Strait Fisheries Act, 1984. Whale Protection Act, 1980. COOK ISLANDS Exclusive Economic Zone (Foreign Fishing Craft) Regulations, 1979. Territorial Sea and Exclusive Economic Zone Act, 1977. Marine Resources Act, 1989. FEDERATED STATES OF MICRO- Titles 18 and 24 of the Code of the Federated States of Micronesia, as amended by NESIA Public Law Nos. 2–28, 2–31, 3–9, 3–10, 3–34, and 3–80.

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Pacific Island Party Laws

FIJI Fisheries Act (Cap. 158). Fisheries Regulations (Cap. 158). Marine Spaces Act (Cap. 158A). Marine Spaces (Foreign Fishing Vessels) Regulations, 1979. KIRIBATI Fisheries Ordinance, 1979. Fisheries (Amendment) Act, 1984. Marine Zones (Declaration) Act, 1983. Fisheries (Pacific Island States’ Treaty with the United States) Act 1988. MARSHALL ISLANDS Title 33, Marine Resources Act, as amended by P.L. 1989–56, P.L. 1991–43, and P.L. 1992–25 of the Marshall Islands Revised Code. NAURU Interpretation Act, 1971. Interpretation Act (Amendment) Act No. 1 1975. Interpretation Act (Amendment) Act No. 2 1975. Marine Resources Act, 1978. NEW ZEALAND Antarctic Marine Living Resources Act, 1981. Continental Shelf Act, 1964. Conservation Act, 1987. Driftnet Prohibition Act, 1991. Exclusive Economic Zone (Foreign Fishing Craft) Regulations, 1978. Fishing Industry Board Act, 1963. Fisheries Act, 1983. Marine Mammals Protection Act, 1978. Marine Reserves Act, 1971. Marine Pollution Act, 1974. Meat Act, 1964. Territorial Sea and Exclusive Economic Zone Act, 1977. Tokelau (Territorial Sea and Exclusive Economic Zone) Act, 1977. Submarine Cables and Pipelines Protection Act, 1966. Sugar Loaf Islands Marine Protected Area Act, 1991. Wildlife Act, 1953. NIUE Niue Fish Protection Ordinance 1965. Sunday Fishing Prohibition Act 1980. Territorial Sea and Exclusive Economic Zone Act 1978. PALAU Palau National Code, Title 27. PAPUA NEW GUINEA Fisheries Act (Cap 214). Fisheries Regulations (Cap 214). Fisheries (Torres Strait Protected Zone) Act, 1984. National Seas Act (Cap 361). Tuna Resources Management Act (Cap 224). Whaling Act (Cap 225). SOLOMON ISLANDS Delimitation of Marine Waters Act, 1978. Fisheries Act, 1972. Fisheries Limits Act, 1977. Fisheries Regulations, 1972. Fisheries (Foreign Fishing Vessels) Regulations, 1981. Fisheries (United States of America) (Treaty) Act 1988. TONGA Fisheries Act, 1989. TUVALU Fisheries Act (Cap 45). Fisheries (Foreign Fishing Vessel) Regulations, 1982. Marine Zones (Declaration) Act, 1983. Foreign Fishing Vessels Licensing (US Treaty) Order 1987. VANUATU Fisheries Act 1982 (Cap 158). Fisheries Regulations, 1983. Maritime Zones Act 1981 (Cap 138). SAMOA Exclusive Economic Zone Act, 1977. Territorial Sea Act, 1971. Fisheries Act, 1988.

Authorized inspector means any indi- head of any Federal or state agency vidual authorized by a Pacific Island that has entered into an enforcement Party or the Secretary to conduct in- agreement with the Secretary under spections, to remove samples of fish section 10(a) of the Act. and to gather any other information Authorized party officer means any of- relating to fisheries in the Licensing ficer authorized by a Pacific Island Area. Party to enforce the provisions of the Authorized officer means any officer Treaty. who is authorized by the Secretary, or Closed area means any of the areas in the Secretary of Transportation, or the the following table, as depicted on

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charts provided by the Regional Ad- provided by the Regional Adminis- ministrator and as further described in trator: additional information that may be

Pacific Island Party Area

AUSTRALIA All waters within the seaward boundary of the Australian Fishing Zone (AFZ) west of a line connecting the point of intersection of the outer limit of the AFZ by the parallel of latitude 25° 30′ South with the point of intersection of the meridian of longitude 151° East by the outer limit of the AFZ and all waters south of the parallel of latitude 25° 30′ South. COOK ISLANDS Territorial Sea. FEDERATED STATES OF MICRO- Three nautical mile territorial sea and nine nautical mile exclusive fishery zone and on all NESIA named banks and reefs as depicted on the following charts: DMAHTC NO 81019 (2nd. ed., Mar. 1945; revised 7/17/72; corrected through NM 3/78 of 21 June 1978). DMAHTC NO 81023 (3rd. ed., 7 Aug. 1976). DMAHTC NO 81002 (4th. ed., 26 Jan. 1980; corrected through NM 4/80). FIJI Internal waters, archipelagic waters and territorial seas of Fiji and Rotuma and its De- pendencies. KIRIBATI Within archipelagic waters as established in accordance with Marine Zones (Declaration) Act 1983; within 12 nautical miles drawn from the baselines from which the territorial seas is measured; and within 2 nautical miles of any anchored fish aggregating device within the Kiribati exclusive economic zone for which notification of its location shall be given by geographical coordinates. MARSHALL ISLANDS 12 nautical mile territorial sea and area within two nautical miles of any anchored fish aggregating device within the Marshall Islands exclusive economic zone for which notification of its location shall be given by geographical coordinates. NAURU The territorial waters as defined by Nauru Interpretation Act, 1971, Section 2. NEW ZEALAND Territorial waters; waters within 6 nautical miles of outer boundary of territorial waters; all waters to west of New Zealand main islands and south of 39° South latitude; all waters to east of New Zealand main islands south of 40° South latitude; and in respect of To- kelau: areas within 12 nautical miles of all island and reef baselines; twelve and one half nautical miles either side of a line joining Atafu and Nukunonu and Faka’ofo; and coordinates as follows: Atafu: 8°35′10″ S, 172°29′30″ W Nukunonu: 9°06′25″ S, 171°52′10″ W 9°11′30″ S, 171°47′00″ W Faka’ofo: 9°22′30″ S, 171°16′30″ W NIUE Territorial sea and within 3 nautical miles of Beveridge Reef, Antiope Reef and Haran Reef as depicted by appropriate symbols on NZ 225F (chart showing the territorial sea and exclusive economic zone of Niue pursuant to the Niue Territorial Sea and Exclu- sive Economic Zone Act of 1978). PALAU Within 12 nautical miles of all island baselines in the Palau Islands; and the area: commencing at the north-easternmost intersection of the outer limit of the 12 nautical mile territorial sea of Palau by the arc of a circle having a radius of 50 nautical miles and its center at Latitude 07°16′34″ North, longitude 134°28′25″ East, being at about the center of the reef entrance to Malakal Pass; running thence generally south-easterly, southerly, south-westerly, westerly, north-westerly, northerly and north-easterly along that arc to its intersection by the outer limit of the 12 nautical mile territorial sea; and thence generally northerly, north-easterly, easterly, south-easterly and southerly along that outer limit to the point of commencement. Where for the purpose of these specifications it is necessary to determine the position on the surface of the Earth of a point, line or area, it shall be determined by reference to the World Geodetic System 1984; that is to say, by reference to a spheroid having its center at the center of the Earth and a major (equatorial) radius of 6,378,137 meters and a flattening of 1/298.2572. PAPUA NEW GUINEA All territorial seas, archipelagic and internal waters. SOLOMON ISLANDS All internal waters, territorial seas and archipelagic waters; and such additional waters around the main group archipelago, as defined under the Delimitation of Marine Wa- ters Act 1978, not exceeding sixty nautical miles. TONGA All waters with depths of not more than 1,000 meters, within the area bounded by the fif- teenth and twenty third and one half degrees of south latitudes and the one hundred and seventy third and the one hundred and seventy seventh degrees of west longitudes; also within a radius of twelve nautical miles from the islands of Teleki Tonga and Teleki Tokelau. TUVALU Territorial sea and waters within two nautical miles of all named banks, that is Macaw, Kosciusko, Rose, Bayonnaise and Hera, in Tuvalu exclusive economic zone, as depicted on the chart entitled ‘‘Tuvalu Fishery Limits’’ prepared by the United Kingdom Hydrographic Department, Taunton, January 11, 1981. VANUATU Archipelagic waters and the territorial sea, and internal waters. SAMOA Territorial sea; reefs, banks and sea-mounts and within 2 nautical miles of any anchored fish aggregating device within the Samoa exclusive economic zone for which notification of its location shall be given by geographical coordinates.

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FFA Vessel Register means the reg- Regional Administrator means the Re- istry of fishing vessels maintained by gional Administrator, Pacific Islands the FFA, comprising those vessels Region, NMFS, 1601 Kapiolani Blvd., which are in good standing and li- Suite 1110, Honolulu, HI 96814, or a des- censed to fish in the waters of FFA ignee. member countries, including those ves- Transship means to unload any or all sels licensed under § 300.32. of the fish on board a licensed vessel ei- Fishing means searching for, catch- ther ashore or onto another vessel. ing, taking, or harvesting fish; at- Treaty Area means all waters north of tempting to search for, catch, take, or 60° S. lat. and east of 90° E. long., sub- harvest fish; engaging in any other ac- ject to the fisheries jurisdiction of Pa- tivity that can reasonably be expected cific Island Parties, and all other wa- to result in the locating, catching, tak- ters within rhumb lines connecting the ing, or harvesting of fish; placing, following points, except for waters sub- searching for, or recovering fish aggre- ject to the jurisdiction in accordance gating devices or associated electronic with international law of a State which equipment such as radio beacons; any is not a party to the Treaty: operations at sea directly in support of, or in preparation for, any activity de- Point Latitude Longitude scribed in this paragraph; or aircraft A 2°35′39″ S 141°00′00″ E use, relating to the activities described B 1°01′35″ N 140°48′35″ E in this definition, except for flights in C 1°01′35″ N 129°30′00″ E emergencies involving the health or D 10°00′00″ N 129°30′00″ E safety of crew members or the safety of E 14°00′00″ N 140°00′00″ E ° ′ ″ ° ′ ″ a vessel. F 14 00 00 N 142 00 00 E G 12°30′00″ N 142°00′00″ E Fishing arrangement means an ar- H 12°30′00″ N 158°00′00″ E rangement between a Pacific Island I 15°00′00″ N 158°00′00″ E Party and the owner of a U.S. fishing J 15°00′00″ N 165°00′00″ E vessel that complies with section 6(b) K 18°00′00″ N 165°00′00″ E ° ′ ″ ° ′ ″ of the Act. L 18 00 00 N 174 00 00 E M 12°00′00″ N 174°00′00″ E Fishing vessel or vessel means any N 12°00′00″ N 176°00′00″ E boat, ship, or other craft that is used O 5°00′00″ N 176°00′00″ E for, equipped to be used for, or of a P 1°00′00″ N 180°00′00″ type normally used for commercial Q 1°00′00″ N 164°00′00″ W fishing, and that is documented under R 8°00′00″ N 164°00′00″ W S 8°00′00″ N 158°00′00″ W the laws of the United States. T 0°00′00″ 150°00′00″ W Licensing Area means all waters in U 6°00′00″ S 150°00′00″ W the Treaty Area except for: V 6°00′00″ S 146°00′00″ W (1) Those waters subject to the juris- W 12°00′00″ S 146°00′00″ W ° ′ ″ ° ′ ″ diction of the United States in accord- X 26 00 00 S 157 00 00 W Y 26°00′00″ S 174°00′00″ W ance with international law. Z 40°00′00″ S 174°00′00″ W (2) Those waters within closed areas. AA 40°00′00″ S 171°00′00″ W (3) Those waters within limited areas AB 46°00′00″ S 171°00′00″ W closed to fishing. AC 55°00′00″ S 180°00′00″ AD 59°00′00″ S 160°00′00″ E Licensing period means the period of AE 59°00′00″ S 152°00′00″ E and north validity of licenses issued in accord- along the 152 degrees ance with the Treaty. of East longitude until intersecting the Aus- Operator means any person who is in tralian 200-nautical- charge of, directs or controls a vessel, mile limit. including the owner, charterer and master. UTC means Universal Coordinated Pacific Island Party means a Pacific Time. island nation that is a party to the Vessel Monitoring System Unit or VMS Treaty. unit means Administrator-approved Pacific Islands Forum Fisheries Agency VMS unit hardware and software in- or FFA means the organization estab- stalled on a vessel and required under lished by the 1979 South Pacific Forum § 300.45 as a component of the regional Fisheries Agency Convention. VMS administered by the FFA to

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transmit information between the ves- (d) The number of available licenses sel and the Administrator and/or other is 45, five of which shall only be avail- reporting points designated by NMFS. able to fishing vessels of the United States engaged in joint venture ar- [61 FR 35550, July 5, 1996, as amended at 72 FR 6149, Feb. 9, 2007] rangements, specifically: Vessels engaged in fishing activity designed to § 300.32 Vessel licenses. promote maximization of the benefits generated for the Pacific Island Parties (a) Each vessel fishing in the Licens- from the operations of fishing vessels ing Area must have a license issued by licensed pursuant to the Treaty, as de- the Administrator for the licensing pe- termined by the Administrator. Such riod being fished, unless excepted by activity can include the use of canning, § 300.39. Each licensing period begins on transshipment, vessel slipping and re- June 15 and ends on June 14 of the fol- pair facilities located in the Pacific Is- lowing year. land Parties; the purchase of equip- (b) Upon receipt, the license or a duly ment and supplies, including fuel sup- certified copy, facsimile or telex con- plies, from suppliers located in the Pa- firmation must be carried on board the cific Island Parties; and the employ- vessel when in the Licensing Area or ment of nationals of the Pacific Island Closed Areas and must be produced at Parties on board such vessels. the request of authorized officers, au- (e) Applications for vessels may be thorized party officers, or authorized submitted at any time; complete appli- inspectors. Prior to receipt of the li- cations will be forwarded to the Sec- cense, but after issuance, a vessel may retary of State for transmittal to the be used to fish, provided the number of Administrator. the issued license is available on board. (f) The Secretary, in consultation (c) Application forms for licenses to with the Secretary of State, may deter- use a vessel to fish in the Licensing mine that a license application for a Area may be requested from, and upon vessel should not be forwarded to the completion, must be returned to, the Administrator if: Regional Administrator. All of the in- (1) The application is not in accord formation requested on the form and with the Treaty, Act, or regulations; the following must be supplied before (2) The owner or charterer is the sub- the application will be considered com- ject of proceedings under the bank- plete: ruptcy laws of the United States, and (1) The licensing period for which the reasonable financial assurances have license is requested. not been provided to the Secretary (2) The name of an agent, located in that the owner or charterer will be fi- Port Moresby, Papua New Guinea, who, nancially able to fulfill any and all re- on behalf of the license holder, will responsibilities under the Treaty, Act, ceive and respond to any legal process and regulations, including the payment issued in accordance with the Treaty. of any penalties or fines; (3) Documentation from an insurance (3) The owner or charterer has not es- company showing that the vessel will tablished to the satisfaction of the Sec- be fully insured for the licensing period retary that the vessel will be fully in- against all risks and liabilities nor- sured for the licensing period against mally covered by maritime liability in- all risks and liabilities normally cov- surance. ered by maritime liability insurance; (4) If the owner or charterer is the or subject of proceedings under the bank- (4) The owner or charterer has not ruptcy laws of the United States, rea- paid any final penalty assessed by the sonable assurances that the owner of Secretary in accordance with the Act. charterer will be financially able to (g) An applicant will be promptly no- fulfill any and all responsibilities tified if that applicant’s license appli- under the Treaty, Act, and regulations, cation will not be forwarded to the Ad- including the payment of any penalties ministrator, and of the reasons there- or fines. for. Within 15 days of notification by (5) A copy of the vessel’s USCG Cer- the Regional Administrator that the tificate of Documentation. application will not be forwarded, an

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applicant may request reconsideration gional Administrator within 2 days of by providing a petition for reconsider- the vessel reaching port. ation accompanied by new or addi- (2) Unloading and transshipment tional information. logsheet forms. At the completion of any [61 FR 35550, July 5, 1996, as amended at 72 unloading or transshipment of fish FR 6151, Feb. 9, 2007] from the vessel, all the information specified on unloading and trans- § 300.33 Compliance with applicable shipment logsheet forms provided by national laws. the Regional Administrator must, for The operator of the vessel shall com- that unloading or transshipment, be re- ply with each of the applicable na- corded on such forms. A separate form tional laws, and the operator of the must be completed for each fish proc- vessel shall be responsible for the com- essing destination to which the un- pliance by the vessel and its crew with loaded or transshipped fish are bound. each of the applicable national laws, The completed unloading and trans- and the vessel shall be operated in ac- shipment logsheet form or forms must cordance with those laws. be mailed by registered airmail to the § 300.34 Reporting requirements. Administrator within 14 days of the completion of the unloading or trans- (a) Holders of licenses issued under shipment. The submitted form must be § 300.32 shall comply with the reporting accompanied by a report or reports of requirements of this section with respect to the licensed vessels. the size breakdown of the catch as de- (b) Any information required to be termined by the receiver or receivers of recorded, or to be notified, commu- the fish, and such report must be nicated or reported pursuant to a re- signed by the receiver or receivers. A quirement of these regulations, the copy of the completed unloading and Act, or the Treaty shall be true, com- transshipment logsheet, including a plete and correct. Any change in cir- copy of the accompanying report or re- cumstances that has the effect of ren- ports of the size breakdown of the dering any of the information provided catch as determined by the receiver or false, incomplete or misleading shall be receivers of the fish, must also be sub- communicated immediately to the Re- mitted to, and received by, the Re- gional Administrator. gional Administrator within 2 days of (c) The operator of any vessel li- the completion of the unloading or censed under § 300.32 must prepare and transshipment. submit accurate, complete, and timely (3) Port departure reports. Before the notifications, requests, and reports vessel’s departure from port for the with respect to the licensed vessel, as purpose of beginning a fishing trip in described in paragraphs (c)(1) through the Licensing Area, a report must be (10) of this section. submitted to the Administrator by (1) Catch report forms. A record of telex, transmission via VMS unit, fac- catch, effort and other information simile, or e-mail that includes the fol- must be maintained on board the ves- lowing information: Report type sel, on catch report forms (also known as ‘‘Regional Purse Seine Logsheets’’, (‘‘LBEG’’); Regional Register number; or RPLs) provided by the Regional Ad- trip begin date; date and time (in UTC) ministrator. At the end of each day of report; IRCS; port name; weight of that the vessel is in the Licensing catch on board (in metric tons) for Area, all information specified on the each of skipjack tuna, yellowfin tuna, form must, for that day, be recorded on and all other species combined; in- the form. The completed catch report tended action; and estimated date of form must be mailed by registered air- departure. This information must be mail to the Administrator within 14 reported in the format provided by the days of the vessel’s next entry into Regional Administrator. port for the purpose of unloading its (4) Entry into port for unloading re- fish catch. A copy of the completed ports. At least 24 hours before the ves- catch report form must also be sub- sel’s entry into port for the purpose of mitted to, and received by, the Re- unloading fish from any trip involving

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fishing within the Licensing Area, a re- weight of catch on board (in metric port must be submitted to the Admin- tons) for each of skipjack tuna, yel- istrator by telex, transmission via lowfin tuna, and all other species com- VMS unit, facsimile, or e-mail that in- bined; and intended action. This infor- cludes the following information: Re- mation must be reported in the format port type (‘‘LFIN’’); FFA Regional provided by the Regional Adminis- Register number; trip begin date; date trator and sent via the means and to and time (in UTC) of report; IRCS; port the address provided by the Regional name; weight of catch on board (in Administrator. metric tons) for each of skipjack tuna, (7) Weekly reports. Each Wednesday yellowfin tuna, and all other species while the vessel is within the waters combined; intended action; and esti- under the jurisdiction of a Pacific Is- mated date and time (in UTC) of entry land Party, a report must be submitted into port. This information must be re- to that Pacific Island Party that in- ported in the format provided by the cludes the following information: Re- Regional Administrator. port type (‘‘WEEK’’); FFA Regional (5) Intent to transship notification and Register number; trip begin date; date request. At least 48 hours before trans- and time (in UTC) of report; IRCS; ves- shipping any or all of the fish on board sel position (latitude and longitude to the vessel, a notification must be sub- nearest minute of arc); weight of catch mitted to the Administrator and a re- on board (in metric tons) for each of quest must be submitted to the Pacific skipjack tuna, yellowfin tuna, and all Island Party in whose jurisdiction the other species combined; intended ac- transshipment is requested to occur. tion; and whether or not there is a ves- The notification to the Administrator sel observer on board (‘‘Y’’ or ‘‘N’’). and the request to the Pacific Island This information must be reported in Party may be identical. The notifica- the format provided by the Regional tion and request must include the fol- Administrator and sent via the means lowing information: Name of vessel; and to the address provided by the Re- IRCS; vessel position (latitude and lon- gional Administrator. gitude to nearest minute of arc); (8) Port entry reports. At least 24 hours weight of catch on board the vessel (in before the vessel’s entry into port of metric tons) for each of skipjack tuna, any Pacific Island Party, a report must yellowfin tuna, and all other species be submitted to that Pacific Island combined; and the date, time (in UTC), Party that includes the following infor- and location where such transshipment mation: Report type (‘‘PENT’’); FFA is requested to occur. The notification Regional Register number; trip begin to the Administrator must be reported date; date and time (in UTC) of report; in the format provided by the Regional IRCS; vessel position (latitude and lon- Administrator and submitted by telex, gitude to nearest minute of arc); transmission by VMS unit, facsimile, weight of catch on board (in metric or e-mail. The request to the Pacific Is- tons) for each of skipjack tuna, yel- land Party must be reported in the for- lowfin tuna, and all other species com- mat provided by the Regional Adminis- bined; estimated time (in UTC) of entry trator and sent via the means and to into port; port name; and intended ac- the address provided by the Regional tion. This information must be re- Administrator. ported in the format provided by the (6) Zone entry and exit reports. Each Regional Administrator and sent via time the vessel enters or exits the wa- the means and to the address provided ters under the jurisdiction of a Pacific by the Regional Administrator. Island Party, a report must be sub- (9) Transshipment reports. Upon committed to that Pacific Island Party pletion of transshipment of any or all that includes the following informa- of the fish on board the vessel, a report tion: Report type (‘‘ZENT’’ for entry or must be submitted to the Adminis- ‘‘ZEXT’’ for exit); FFA Regional Reg- trator and to the Pacific Island Party ister number; trip begin date; date and in whose jurisdiction the trans- time (in UTC) of the entry or exit; shipment occurred. The report must in- IRCS; vessel position (latitude and lon- clude the following information: Re- gitude to nearest minute of arc); port type (‘‘TRANS’’); FFA Regional

906

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Register number; trip begin date; date (iii) Kiribati. (A) At least 24 hours be- and time (in UTC) of the trans- fore entering a Closed Area under the shipment; IRCS; vessel position at time jurisdiction of Kiribati, a notification of transshipment (latitude and lon- must be submitted that includes the gitude to nearest minute of arc); following information: vessel name; amount of fish transshipped (in metric IRCS; vessel position at the time of the tons) for each of skipjack tuna, yel- report (latitude and longitude to near- lowfin tuna, and all other species com- est minute of arc); the reason for enter- bined; name of vessel to which the fish ing the Closed Area; and the estimated were transshipped; and the destination time (in UTC) of entry into the Closed of the transshipped fish. The report to Area (latitude and longitude to nearest the Administrator must be reported in minute of arc). the format provided by the Regional (B) Immediately upon entry into or Administrator and submitted by telex, exit from a Closed Area under the ju- transmission by VMS unit, facsimile, risdiction of Kiribati, a report must be or e-mail. The report to the Pacific Is- submitted that includes the following land Party must be reported in the for- information: report type (‘‘CAENT’’ for mat provided by the Regional Adminis- entry or ‘‘CAEXT’’ for exit); the num- trator and sent via the means and to ber of the vessel’s license issued under the address provided by the Regional § 300.32; IRCS; date and time (in UTC) Administrator. of the report; vessel position (latitude (10) Other reports and notifications to and longitude to nearest minute of Pacific Island Parties. Reports and noti- arc); amount of the catch on board the fications must be submitted to the rel- vessel, by species; and status of the evant Pacific Island Parties in each of boom (‘‘up’’ or ‘‘down’’), net (‘‘de- the circumstances and in the manner ployed’’ or ‘‘stowed’’), and skiff (‘‘de- described in the subparagraphs of this ployed’’ or ‘‘stowed’’). paragraph. Unless otherwise indicated (C) At least 24 hours prior to fueling in this paragraph, the reports must be the vessel from a tanker in the area of prepared in the format provided by the jurisdiction of Kiribati, a report must Regional Administrator and sent via be submitted that includes the fol- the means and to the address provided lowing information: report type by the Regional Administrator. (‘‘SBUNK’’); the number of the vessel’s (i) Australia. (A) Each day while the license issued under § 300.32; IRCS; trip vessel is within the Australian Fishing start date; name of port from which Zone, a report must be submitted that trip started; amount of the catch on includes the following information: board the vessel, by species; estimated Vessel position (latitude and longitude time of bunkering; estimated position to nearest minute of arc); and the of bunkering (latitude and longitude to amount of catch made during the pre- nearest minute of arc); and name of vious day, by species. tanker. (B) At least 24 hours before entering (D) After fueling the vessel from a the Australian Fishing Zone, a notifi- tanker in the area of jurisdiction of cation must be submitted that indi- Kiribati, but no later than 12 noon cates an intent to enter the Australian local time on the following day, a re- Fishing Zone. port must be submitted that includes (ii) Fiji. (A) Each day while the vessel the following information: report type is in Fiji fisheries waters, a report (‘‘FBUNK’’); the number of the vessel’s must be submitted that includes the license issued under § 300.32; IRCS; following information: vessel name; start time of bunkering; end time of IRCS; country of registration of the bunkering; amount of fuel received, in vessel; and vessel position at the time kiloliters; and name of tanker. of the report (latitude and longitude to (iv) New Zealand. (A) At least 24 nearest minute of arc). hours before entering the exclusive (B) Each week while the vessel is in economic zone of New Zealand, a noti- Fiji fisheries waters, a report must be fication must be submitted that in- submitted that includes the amount of cludes the following information: name the catch made during the preceding of vessel; IRCS; position of point of week, by species. entry into the exclusive economic zone

907

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of New Zealand (latitude and longitude omon Islands during the reporting pe- to nearest minute of arc); amount of riod. catch on board the vessel, by species; (vi) Tonga. (A) Each day while the and condition of the catch on board the vessel is in the exclusive economic vessel (‘‘fresh’’ or ‘‘frozen’’). zone of Tonga, a report must be sub- (B) For each day that the vessel is in mitted that includes the vessel’s posi- the exclusive economic zone of New tion (latitude and longitude to nearest Zealand, a notification must be sub- minute of arc). mitted no later than noon of the fol- (B) [Reserved] lowing day of the vessel’s position (vii) Tuvalu. (A) At least 24 hours (latitude and longitude to nearest prior to entering Tuvalu fishery limits, minute of arc) at noon. a report must be submitted that in- (C) For each week or portion thereof cludes the following information: ves- that the vessel is in the exclusive eco- sel name; IRCS; country of registration nomic zone of New Zealand, a report of the vessel; the number of the vessel’s that covers the period from 12:01 a.m. license issued under § 300.32; intended on Monday to 12 midnight on the fol- vessel position (latitude and longitude lowing Sunday must be submitted and to nearest minute of arc) at entry; and received by noon of the following amount of catch on board the vessel, Wednesday (local time). The report by species. must include the amount of the catch (B) Every seventh day that the vessel taken in the exclusive economic zone is in Tuvalu fishery limits, a report of New Zealand during the reporting must be submitted that includes vessel period. position (latitude and longitude to (D) At least 10 days prior to an in- nearest minute of arc) and the total tended transshipment in an area under amount of catch on board the vessel. the jurisdiction of New Zealand, a noti- (C) Immediately upon exit from fication must be submitted that in- Tuvalu fishery limits, a notification cludes the intended port, date, and must be submitted that includes vessel time of transshipment. position (latitude and longitude to (E) At least 24 hours prior to exiting nearest minute of arc) and the total the exclusive economic zone of New amount of catch on board the vessel. Zealand, a notification must be sub- [72 FR 6151, Feb. 9, 2007] mitted that includes the following information: position of the intended § 300.35 Vessel and gear identification. point of exit (latitude and longitude to While a vessel is in the Licensing nearest minute of arc); the amount of Area, a Limited Area closed to fishing, catch on board the vessel, by species; or a Closed Area, a recent and up-to- and condition of the catch on board the date copy of the International Code of vessel (‘‘fresh’’ or ‘‘frozen’’). Signals (INTERCO) shall be on board (v) Solomon Islands. (A) At least 24 and accessible at all times. The oper- hours prior to entry into Solomon Is- ator shall comply with the 1989 Food lands Fisheries Limits, a report must and Agricultural Organization stand- be submitted that includes the fol- ard specifications for the marking and lowing information: expected vessel po- identification of fishing vessels. The sition (latitude and longitude to near- international radio call sign of the ves- est minute of arc) and expected date sel shall be painted in white on a black and time of entry. background, or in black on a white (B) For each week or portion thereof background, and be clear, distinct, and that the vessel is in the exclusive eco- uncovered, in the following manner: nomic zone of Solomon Islands, a re- (a) On both sides of the vessel’s hull port that covers the period from 12:01 or superstructure, with each letter and a.m. on Monday to 12 midnight on the number being at least 1 m high and following Sunday must be submitted having a stroke width of 16.7 cm, with and received by noon of the following the background extending to provide a Tuesday (local time). The report must border around the mark of not less include the amount of the catch taken than 16.7 cm. and the number of fishing days spent in (b) On the vessel’s deck, on the body the exclusive economic zone of Sol- of any helicopter and on the hull of any

908

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skiff, with each letter and number connection with the enforcement of the being at least 30 cm high, and having a Act or the Treaty. stroke width of 5 cm with the back- (6) To refuse to comply with the in- ground extending to provide a border structions of an authorized officer or around the mark of not less than 5 cm. authorized party officer relating to (c) On any other equipment being fishing activities under the Treaty. carried by and intended to be separated (7) To refuse to permit an authorized from the vessel during normal fishing inspector full access to any place where operations, with each letter and num- fish taken in the Licensing Area is un- ber being at least 10 cm high and hav- loaded. ing a stroke width of 1.7 cm, with the (8) To refuse to allow an authorized background extending to provide a bor- inspector to remove samples of fish der around the mark of not less than from a vessel that fished in the Licens- 1.7 cm. ing Area. (9) To forcibly assault, resist, oppose, § 300.36 Closed area stowage require- impede, intimidate, or interfere with: ments. (i) Any authorized officer, authorized At all times while a vessel is in a party officer or authorized inspector in Closed Area, the fishing gear of the the conduct of a search or inspection in vessel shall be stowed in a manner as connection with the enforcement of not to be readily available for fishing. these regulations, the Act or the Trea- In particular, the boom shall be low- ty; or ered as far as possible so that the ves- (ii) An observer in the conduct of ob- sel cannot be used for fishing, but so server duties under the Treaty. that the skiff is accessible for use in (10) To transship fish on board a ves- emergency situations; the helicopter, if sel that fished in the Licensing Area, any shall be tied down; and launches except in accordance with the require- shall be secured. ments of § 300.46. (11) To fail to have installed, allow to § 300.37 Radio monitoring. be programmed, carry, or have oper- The international distress frequency, ational a VMS unit while in the Treaty 2.182 mHz, and 156.8 mHz (Channel 16, Area as specified in § 300.45(a). VHF) shall be monitored continuously (12) To fail to activate a VMS unit, to from the vessel for the purpose of fa- interrupt, interfere with, or impede the cilitating communication with the operation of a VMS unit, to tamper fisheries management, surveillance and with, alter, damage, or disable a VMS enforcement authorities of the Parties. unit, or to move or remove a VMS unit without prior notification as specified § 300.38 Prohibitions. in § 300.45(e). (a) Except as provided for in § 300.39, (13) In the event of a VMS unit fail- in addition to the prohibitions in ure or breakdown or interruption of § 300.4, it is unlawful for any person automatic position reporting in the subject to the jurisdiction of the Treaty Area, to fail to submit manual United States to do any of the fol- position reports as specified in lowing: § 300.45(f). (1) To violate the Act or any provi- (14) In the event of a VMS unit fail- sion of any regulation or order issued ure or breakdown or interruption of pursuant to Act. automatic position reporting in the (2) To use a vessel for fishing in vio- Treaty Area and if directed by the Ad- lation of an applicable national law. ministrator or an authorized officer, to (3) To violate the terms and condi- fail to stow fishing gear or take the tions of any fishing arrangement to vessel to a designated port as specified which that person is a party. in § 300.45(f). (4) To use a vessel for fishing in any (15) To fail to repair or replace a Closed Area. VMS unit as specified in § 300.45(h). (5) To refuse to permit any author- (b) Except as provided for in § 300.39, ized officer or authorized party officer it is unlawful for any person subject to to board a fishing vessel for purpose of the jurisdiction of the United States conducting a search or inspection in when in the Licensing Area:

909

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(1) To use a vessel to fish unless val- § 300.41 Investigation notification. idly licensed as required by the Admin- Upon commencement of an investiga- istrator. tion under section 10(b)(1) of the Act, (2) To use a vessel for directed fishing the operator of any vessel concerned for southern bluefin tuna or for fishing shall have 30 days after receipt of noti- for any kinds of fish other than tunas, fication of the investigation and the except that fish may be caught as an operator’s rights under section 10(b)(1) incidental bycatch. to submit comments, information, or (3) To use a vessel for fishing by any evidence bearing on the investigation, method, except the purse-seine method. and to request in writing that the Sec- (4) To use any vessel to engage in retary provide the operator an oppor- fishing after the revocation of its li- tunity to present the comments, infor- cense, or during the period of suspen- mation, or evidence orally to the Sec- sion of an applicable license. retary or the Secretary’s representative. (5) To operate a vessel in such a way as to disrupt or in any other way ad- § 300.42 Findings leading to removal versely affect the activities of tradi- from fishing area. tional and locally based fishermen and (a) Following an investigation con- fishing vessels. ducted under section 10(b) of the Act, (6) To use a vessel to fish in a manner the Secretary, with the concurrence of inconsistent with an order issued by the Secretary of State, and upon the the Secretary under § 300.42 (section 11 request of the Pacific Island Party con- of the Act). cerned, may order a fishing vessel that (7) Except for circumstances involv- has not submitted to the jurisdiction of ing force majeure and other emer- that Pacific Island Party to leave im- gencies involving the health or safety mediately the Licensing Area, all Lim- of crew members or the safety of the ited Areas, and all Closed Areas upon vessel, to use aircraft in association making a finding that: with fishing activities of a vessel, un- (1) The fishing vessel— (i) While fishing in the Licensing less it is identified on the license appli- Area did not have a license issued cation for the vessel, or any amend- under § 300.32 to fish in the Licensing ment thereto. Area, and that under the terms of the [61 FR 35550, July 5, 1996, as amended at 72 Treaty the fishing is not authorized to FR 6153, Feb. 9, 2007] be conducted in the Licensing Area without such a license. § 300.39 Exceptions. (ii) Was involved in any incident in (a) The prohibitions of § 300.38 and the which an authorized officer, authorized licensing requirements of § 300.32 do not party officer, or observer was allegedly apply to fishing for albacore tuna by assaulted with resultant bodily harm, physically threatened, forcibly re- vessels using the trolling method or to sisted, refused boarding or subjected to fishing by vessels using the longline physical intimidation or physical in- method in the high seas areas of the terference in the performance of duties Treaty Area. as authorized by the Act or the Treaty; (b) The prohibitions of § 300.38(a)(4), (iii) Has not made full payment with- (a)(5), and (b)(3) do not apply to fishing in 60 days of any amount due as a re- under the terms and conditions of a sult of a final judgement or other final fishing arrangement. determination deriving from a viola- [61 FR 35550, July 5, 1996, as amended at 72 tion in waters within the Treaty Area FR 6153, Feb. 9, 2007] of a Pacific Island Party; or (iv) Was not represented by an agent § 300.40 Civil penalties. for service of process in accordance with the Treaty; or The procedures of 15 CFR part 904 (2) There is probable cause to believe apply to the assessment of civil pen- that the fishing vessel— alties, except as modified by the re- (i) Was used in violation of section quirements of section 8 of the Act. 5(a)(4), (a)(5), (b)(2), or (b)(3) of the Act;

910

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(ii) Used an aircraft in violation of (3) To disembark at the point and section 5(b)(7) of the Act; or time notified by the Pacific Island Par- (iii) Was involved in an incident in ties to the Secretary. which section 5(a)(7) of the Act was (4) To carry out observer duties safe- violated. ly. (b) Upon being advised by the Sec- (b) The operator shall provide the ob- retary of State that proper notification server, while on board the vessel, at no to Parties has been made by a Pacific expense to the Pacific Island Parties, Island Party that such Pacific Island with food, accommodation and medical Party is investigating an alleged in- facilities of reasonable standard as fringement of the Treaty by a vessel in may be acceptable to the Pacific Island waters under the jurisdiction of that Party whose representative is serving Pacific Island Party, the Secretary as the observer. shall order the vessel to leave those waters until the Secretary of State no- § 300.44 Other inspections. tifies the Secretary that the order is no The operator and each member of the longer necessary. crew of any vessel from which any fish (c) The Secretary shall rescind any taken in the Licensing Area is un- order issued on the basis of a finding loaded or transshipped shall allow, or under paragraphs (a)(1) (iii) or (iv) of arrange for, and assist any authorized this section (subsections 11(a)(1) (C) or inspector, authorized party officer, or (D) of the Act) as soon as the Secretary authorized officer to have full access to determines that the facts underlying any place where the fish is unloaded or the finding do not apply. transshipped, to remove samples, to (d) An order issued in accordance have full access to the vessel’s records, with this section is not subject to judi- including its log and documentation cial review. for the purpose of inspection and photocopying, and to gather any other [61 FR 35550, July 5, 1996, as amended at 72 information relating to fisheries in the FR 6154, Feb. 9, 2007] Licensing Area without interfering unduly with the lawful operation of the § 300.43 Observers. vessel. (a) The operator and each member of the crew of a vessel shall allow and as- § 300.45 Vessel Monitoring System. sist any person identified as an ob- (a) Applicability. Holders of vessel li- server under the Treaty by the Pacific censes issued under § 300.32 are re- Island Parties: quired, in order to have the licensed (1) To board the vessel for scientific, vessel in the Treaty Area, to: compliance, monitoring and other (1) Have installed a VMS unit on functions at the point and time noti- board the licensed vessel; fied by the Pacific Island Parties to the (2) Allow the Administrator, its Secretary. agent, or a person authorized by the (2) Without interfering unduly with Administrator to program the VMS the lawful operation of the vessel, to unit to transmit position and related have full access to and use of facilities information to the Administrator; and equipment on board the vessel that (3) If directed by the Regional Ad- the observer may determine are nec- ministrator, allow NMFS, its agent, or essary to carry out observer duties; a person authorized by NMFS to pro- have full access to the bridge, fish on gram the VMS unit to transmit posi- board, and areas that may be used to tion and related information to NMFS; hold, process, weigh and store fish; re- and move samples; have full access to ves- (4) Carry and have operational the sel’s records, including its log and doc- VMS unit at all times while in the umentation for the purpose of inspec- Treaty Area, except as provided in tion and copying; have reasonable ac- paragraphs (f) and (g) of this section. cess to navigation equipment, charts, (b) FFA Vessel Register. Purse seine and radios, and gather any other infor- vessels must be in good standing on the mation relating to fisheries in the Li- FFA Vessel Register maintained by the censing Area. Administrator in order to be licensed

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under the Treaty. FFA Vessel Register (f) Interruption of VMS unit signal. application forms may be obtained When a vessel owner or operator is no- from the Regional Administrator or tified by the Administrator or an au- the Administrator or from the FFA thorized officer that automatic posi- Web site: http://www.ffa.int. Purse seine tion reports are not being received, or vessel owners or operators must submit the vessel owner or operator is other- completed FFA Vessel Register appli- wise alerted or aware that trans- cations to the Regional Administrator mission of automatic position reports for transmittal to the Administrator has been interrupted, the vessel owner and pay fees for registration of their and operator must comply with the fol- vessel(s) on the FFA Vessel Register lowing: annually. The vessel owner or operator (1) The vessel owner or operator must may submit a completed FFA Vessel submit manual position reports that Register application form at any time, include vessel name, call sign, current but the application must be received by position (latitude and longitude to the the Regional Administrator at least nearest minute), date, and time to the seven days before the first day of the Administrator by telephone, facsimile, next licensing period to avoid the po- or e-mail at intervals of no greater tential lapse of the registration and li- than eight hours or a shorter interval cense between licensing periods. if and as specified by the Adminis- (c) VMS unit installation. A VMS unit trator or an authorized officer. The re- required under this section must be in- ports must continue to be submitted stalled by a person authorized by the until the Administrator has confirmed Administrator. A list of Administrator- to the vessel owner or operator that authorized VMS unit installers may be the VMS unit is properly transmitting obtained from the Regional Adminis- position reports. If the manual position trator or the Administrator. reports cannot be made, the vessel operator or owner must notify the Ad- (d) Hardware and software specifica- ministrator of such as soon as possible, tions. The VMS unit installed and car- by any means possible. ried on board a vessel to comply with (2) If directed by the Administrator the requirements of this section must or an authorized officer, the vessel op- consist of hardware and software that erator must immediately stow the fish- is approved by the Administrator and ing gear in the manner described in able to perform all functions required § 300.36, take the vessel directly to a by the Administrator. A current list of port designated by the Administrator approved hardware and software may or authorized officer, and notify the be obtained from the Administrator. Administrator by telephone, facsimile, (e) Service activation. Other than when or e-mail as soon as possible that the in port or in a shipyard and having vessel is being taken to port with fish- given proper notification to the Admin- ing gear stowed. istrator as specified in paragraph (g) of (g) Shutdown of VMS unit while in port this section, the owner or operator of a or in shipyard. When a vessel is in port vessel licensed under § 300.32 must, and not moving, the VMS unit may be when the vessel is in the Treaty Area: shut down, provided that the Adminis- (1) Activate the VMS unit on board trator has been notified by telephone, the licensed vessel to transmit auto- facsimile, or e-mail that the vessel is matic position reports; in port and of the intended shutdown, (2) Ensure that no person interrupts, and only as long as manual position re- interferes with, or impedes the oper- ports as described in paragraph (f)(1) of ation of the VMS unit or tampers with, this section are submitted to the Ad- alters, damages, or disables the VMS ministrator at intervals of no greater unit, or attempts any of the same; and than 24 hours or a shorter interval if (3) Ensure that no person moves or and as specified by the Administrator removes the VMS unit from the in- or an authorized officer. If the VMS stalled position without first notifying unit is shut down while the vessel is in the Administrator by telephone, fac- port, the vessel owner or operator must simile, or e-mail of such movement or notify the Administrator by telephone, removal. facsimile, or e-mail as soon as possible

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after the vessel’s departure from port. transshipped and the use of facilities When the vessel is in a shipyard, the and equipment that the officer may de- VMS unit may be shut down and the termine is necessary to carry out his or submission of manual position reports her duties; is not required, provided that the Ad- (ii) Have full access to the bridge, ministrator has been notified by tele- fish on board and areas which may be phone, facsimile, or e-mail that the used to hold, process, weigh and store vessel is in the shipyard and of the in- fish; tended VMS unit shutdown. If the VMS (iii) Remove samples; unit is shut down while the vessel is in (iv) Have full access to the vessel’s a shipyard, the vessel owner or oper- records, including its log and docu- ator must notify the Administrator by mentation, for the purpose of inspec- telephone, facsimile, or e-mail as soon tion and copying; and as possible after the vessel’s departure (v) Gather any other information re- from the shipyard. quired to fully monitor the activity (h) VMS unit repair and replacement. without interfering unduly with the After a fishing trip during which inter- lawful operation of the vessel; and ruption of automatic position reports (2) Not assault, obstruct, resist, has occurred, the vessel’s owner or op- delay, refuse boarding to, intimidate, erator must have the VMS unit re- or interfere with any person identified paired or replaced prior to the vessel’s as an officer of the Pacific Island Party next trip. If the VMS unit is replaced, in the performance of his or her duties. the new VMS unit must be installed by (d) Transshipping at sea may only be an Administrator-authorized VMS unit done: installer, as specified in paragraph (c) (1) In a designated area in accordance of this section. In making such repairs with such terms and conditions as may or replacements, conformity with the be agreed between the operator of the current requirements must be met be- vessel and the Pacific Island Party in fore the vessel may lawfully operate whose jurisdiction the transshipment under the Treaty. is to take place; (i) Access to data. As a condition to (2) In accordance with the require- obtaining a license, holders of vessel li- ments of § 300.34; and censes issued under § 300.32 must allow (3) If the catch is transshipped to a the Regional Administrator, an author- carrier vessel duly authorized in ac- ized officer, the Administrator or an cordance with national laws. authorized party officer or designees access to the vessel’s position data ob- [72 FR 6155, Feb. 9, 2007] tained from the VMS unit at the time of, or after, its transmission to the Subpart E—Pacific Halibut vendor or receiver. Fisheries [72 FR 6154, Feb. 9, 2007] AUTHORITY: 16 U.S.C. 773–773k. § 300.46 Transshipping requirements. § 300.60 Purpose and scope. (a) Applicability. This section applies to vessels licensed under § 300.32. This subpart implements the North (b) Transshipping may only be done Pacific Halibut Act of 1982 (Act) and is at the time and place authorized for intended to supplement, not conflict transshipment by the Pacific Island with, the annual fishery management Parties, following the notification and measures adopted by the International request requirements of § 300.34(c)(5). Pacific Halibut Commission (Commis- (c) The operator and each member of sion) under the Convention between the crew of a vessel from which any the United States and Canada for the fish taken in the Licensing Area is Preservation of the Halibut Fishery of transshipped must: the Northern Pacific Ocean and Bering (1) Allow and assist any person iden- Sea (Convention). tified as an officer of the Pacific Island Party to: § 300.61 Definitions. (i) Have full access to the vessel and In addition to the terms defined in any place where such fish is being § 300.2 and those in the Act and the

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Convention, the terms used in this sub- connecting the coordinates in the order part have the following meanings. If a listed: term is defined differently in § 300.2, the (1) North from Cape Chiniak (57°37.22′ Act, or the Convention, the definition N. lat., 152°9.36′ W. long.); in this section shall apply. (2) To Buoy #1 at Williams Reef Alaska Native tribe means, for pur- (57°50.36′ N. lat., 152°8.82′ W. long.); poses of the subsistence fishery for Pa- (3) To East Cape on Spruce Island cific halibut in waters in and off Alas- (57°54.89′ N. lat., 152°19.45′ W. long.); ka, a Federally recognized Alaska Na- (4) To Termination Point on Kodiak tive tribe that has customary and tra- Island (57°51.31′ N. lat., 152°24.01′ W. ditional use of halibut and that is list- long.); and ed in § 300.65(g)(2) of this part. Area 2A includes all waters off the (5) Connecting to a line running States of California, Oregon, and Wash- counterclockwise along the shoreline ington. of Kodiak Island to Cape Chiniak ° ′ ° ′ Area 2C includes all waters off Alaska (57 37.22 N. lat., 152 9.36 W. long.). that are east of a line running 340° true Commercial fishing means fishing, the from Cape Spencer Light (58° 11′ 54″ N. resulting catch of which either is, or is lat., 136° 38′ 24″ W. long.) and south and intended to be, sold or bartered but east of a line running 205° true from does not include subsistence fishing. said light. Commission means the International Area 3A means all waters between Pacific Halibut Commission. Area 2C and a line extending from the Commission regulatory area means an most northerly point on Cape Aklek area defined by the Commission for (57°41′15″ N. latitude, 155°35′00″ W. lon- purposes of the Convention identified gitude) to Cape Ikolik (57°17′17″ N. lati- in 50 CFR 300.60 and prescribed in the tude, 154°47′18″ W. longitude), then annual management measures pub- along the Kodiak Island coastline to lished pursuant to 50 CFR 300.62. Cape Trinity (56°44′50″ N. latitude, Crew member, for purposes of 154°08′44″ W. longitude), then 140° true. § 300.65(d), means an assistant, deck- Charter vessel, for purposes of § 300.65, hand, or similar person who works di- means a vessel that is registered, or rectly under the supervision of and on that should be registered, as a sport the same vessel as a charter vessel fishing guide vessel with the Alaska guide. Department of Fish and Game. Customary trade means, for purposes Charter vessel angler, for purposes of of the subsistence fishery for Pacific § 300.65(d), means a person, paying or halibut in waters in and off Alaska, the nonpaying, using the services of a char- non-commercial exchange of subsist- ter vessel guide. ence halibut for anything other than Charter vessel fishing trip, for purposes items of significant value. of § 300.65(d), means the time period between the first deployment of fishing Fishing means the taking, harvesting, gear into the water from a vessel after or catching of fish, or any activity that any charter vessel angler is onboard can reasonably be expected to result in and the offloading of one or more char- the taking, harvesting, or catching of ter vessel anglers or any halibut from fish, including specifically the deploy- that vessel. ment of any amount or component part Charter vessel guide, for purposes of of setline gear anywhere in the mari- § 300.65(d), means a person who is re- time area. quired to have an annual sport guide li- Guideline harvest level (GHL) means cense issued by the Alaska Department the level of allowable halibut harvest of Fish and Game, or a person who pro- by the charter vessel fishery. vides sport fishing guide services. Halibut harvest means the catching Charter vessel operator, for purposes of and retaining of any halibut. § 300.65(d), means the person in control Head-on length means a straight line of the vessel during a charter vessel measurement passing over the pectoral fishing trip. fin from the tip of the lower jaw with Chiniak Bay means all waters bound- the mouth closed to the extreme end of ed by the shoreline and straight lines the middle of the tail.

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Individual Fishing Quota (IFQ), for Setline gear means one or more sta- purposes of this subpart, means the an- tionary, buoyed, and anchored lines nual catch limit of halibut that may be with hooks attached. harvested by a person who is lawfully Sport fishing means: allocated a harvest privilege for a spe- (1) In regulatory area 2A, all fishing cific portion of the TAC of halibut. other than commercial fishing and IFQ fishing trip, for purposes of the treaty Indian ceremonial and subsist- subpart, means the period beginning ence fishing; and when a vessel operator commences har- (2) In waters in and off Alaska, all vesting IFQ halibut and ending when fishing other than commercial fishing the vessel operator lands any species. and subsistence fishing. IFQ halibut means any halibut that is Sport fishing guide services, for pur- harvested with setline or other hook poses of § 300.65(d), means assistance, and line gear while commercial fishing for compensation, to a person who is in any IFQ regulatory area defined at sport fishing, to take or attempt to § 679.2 of this title. take fish by being onboard a vessel Overall length of a vessel means the with such person during any part of a horizontal distance, rounded to the charter vessel fishing trip. Sport fish- nearest ft/meter, between the foremost ing guide services do not include serv- part of the stem and the aftermost part ices provided by a crew member. of the stern (excluding bowsprits, rud- Subarea 2A–1 includes all U.S. waters ders, outboard motor brackets, and off the coast of Washington that are similar fittings or attachments). north of 46°53′18″ N. lat. and east of Person includes an individual, cor- 125°44′00″ W. long., and all inland ma- poration, firm, or association. rine waters of Washington. Power hauling means using elec- Subsistence means, with respect to trically, hydraulically, or mechani- waters in and off Alaska, the non-com- cally powered devices or attachments mercial, long-term, customary and tra- or other assisting devises or attach- ditional use of halibut. ments to deploy and retrieve fishing Subsistence halibut means halibut gear. Power hauling does not include caught by a rural resident or a member the use of hand power, a hand powered of an Alaska Native tribe for direct crank, a fishing rod, a downrigger, or a personal or family consumption as hand troll gurdy. food, sharing for personal or family Rural means, for purposes of the sub- consumption as food, or customary sistence fishery for Pacific halibut in trade. waters in and off Alaska, a community Treaty Indian tribes means the Hoh, or area of Alaska in which the non- Jamestown S’Klallam, Lower Elwha commercial, customary and traditional S’Klallam, Lummi, Makah, Port Gam- use of fish and game for personal or ble S’Klallam, Quileute, Quinault, family consumption is a principal char- Skokomish, Suquamish, Swinomish, acteristic of the economy or area and Tulalip, and Nooksack tribes. in which there is a long-term, customary and traditional use of halibut, [61 FR 35550, July 5, 1996, as amended at 64 FR 52469, Sept. 29, 1999; 68 FR 18156, Apr. 15, and that is listed in § 300.65(g)(1). 2003; 68 FR 47264, Aug. 8, 2003; 72 FR 30727, Rural resident means, for purposes of June 4, 2007; 72 FR 67669, Nov. 30, 2007; 73 FR the subsistence fishery for Pacific hal- 30523, May 28, 2008; 73 FR 52797, Sept. 11, 2008; ibut in waters in and off Alaska, a per- 73 FR 54939, Sept. 24, 2008; 74 FR 11697, March son domiciled in a rural community 19, 2009; 74 FR 21227, May 6, 2009] listed in the table in § 300.65(g)(1) of this part and who has maintained a § 300.62 Annual management meas- domicile in a rural community listed ures. in the table in § 300.65(g)(1) for the 12 Annual management measures may consecutive months immediately pre- be added and modified through adop- ceding the time when the assertion of tion by the Commission and publica- residence is made, and who is not tion in the FEDERAL REGISTER by the claiming residency in another state, Assistant Administrator, with imme- territory, or country. diate regulatory effect. Such measures

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may include, inter alia, provisions gov- rected longline sablefish fishery north erning: Licensing of vessels, inseason of 46°53.30′ N. lat, (Pt. Chehalis, Wash- actions, regulatory areas, fishing peri- ington), which is regulated under 50 ods, closed periods, closed areas, catch CFR 660.372. This fishing opportunity is limits (quotas), fishing period limits, only available in years in which the size limits, careful release of halibut, Area 2A TAC is greater than 900,000 lb vessel clearances, logs, receipt and pos- (408.2 mt,) provided that a minimum of session of halibut, fishing gear, reten- 10,000 lb (4.5 mt) is available above a tion of tagged halibut, supervision of Washington recreational TAC of 214,100 unloading and weighing, and sport fish- lb (97.1 mt). Each year that this har- ing for halibut. The Assistant Adminis- vest is available, the landing restric- trator will publish the Commission’s tions necessary to keep this fishery regulations setting forth annual man- within its allocation will be rec- agement measures in the FEDERAL ommended by the Pacific Fishery Man- REGISTER by March 15 each year. An- agement Council at its spring meet- nual management measures may be ad- ings, and will be published in the FED- justed inseason by the Commission. ERAL REGISTER. These restrictions will be designed to ensure the halibut har- § 300.63 Catch sharing plan and do- vest is incidental to the sablefish har- mestic management measures in vest and will be based on the amounts Area 2A. of halibut and sablefish available to (a) A catch sharing plan (CSP) may this fishery, and other pertinent fac- be developed by the Pacific Fishery tors. The restrictions may include Management Council and approved by catch or landing ratios, landing limits, NMFS for portions of the fishery. Any or other means to control the rate of approved CSP may be obtained from halibut landings. the Administrator, Northwest Region, (i) In years when this incidental har- NMFS. vest of halibut in the directed sablefish (b)(1) Each year, before January 1, fishery north of 46°53.30′ N. lat. is al- NMFS will publish a proposal to govern lowed, it is allowed only for vessels the recreational fishery under the CSP using longline gear that are registered for the following year and will seek to groundfish limited entry permits public comment. The comment period with sablefish endorsements and that will extend until after the Commis- possess the appropriate incidental hal- sion’s annual meeting, so the public ibut harvest license issued by the Com- will have the opportunity to consider mission. the final area 2A total allowable catch (ii) It is unlawful for any person to (TAC) before submitting comments. possess, land or purchase halibut south After the Commission’s annual meet- of 46°53.30′ N. lat. that were taken and ing and review of public comments, retained as incidental catch authorized NMFS will publish in the FEDERAL by this section in the directed longline REGISTER the final rule governing sport sablefish fishery. fishing in area 2A. Annual management (4) The commercial longline fishery measures may be adjusted inseason by in area 2A is governed by the annual NMFS. management measures published pur- (2) A portion of the commercial TAC suant to §§ 300.62 and 300.63. is allocated as incidental catch in the (5) The treaty Indian fishery is gov- salmon troll fishery in Area 2A. Each erned by § 300.64 and tribal regulations. year the landing restrictions necessary The annual quota for the fishery will to keep the fishery within its alloca- be announced with the Commission tion will be recommended by the Pa- regulations under § 300.62 cific Fishery Management Council at (c) Flexible Inseason Management Pro- its spring meetings, and will be pub- visions for Sport Halibut Fisheries in Area lished in the FEDERAL REGISTER along 2A. (1) The Regional Administrator, with the annual salmon management NMFS Northwest Region, after con- measures. sultation with the Chairman of the Pa- (3) A portion of the Area 2A Wash- cific Fishery Management Council, the ington recreational TAC is allocated as Commission Executive Director, and incidental catch in the primary di- the Fisheries Director(s) of the affected

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state(s), or their designees, is author- public inspection with the Office of the ized to modify regulations during the Federal Register, whichever is later. season after making the following de- (ii) If time allows, NMFS will invite terminations: public comment prior to the effective (i) The action is necessary to allow date of any inseason action filed with allocation objectives to be met. the FEDERAL REGISTER. If the Regional (ii) The action will not result in ex- Administrator determines, for good ceeding the catch limit for the area. cause, that an inseason action must be (iii) If any of the sport fishery sub- filed without affording a prior oppor- areas north of Cape Falcon, Oregon are tunity for public comment, public com- not projected to utilize their respective ments will be received for a period of 15 quotas by September 30, NMFS may days after publication of the action in take inseason action to transfer any the FEDERAL REGISTER. projected unused quota to another (iii) Any inseason action issued under Washington sport subarea. (iv) If any of the sport fishery sub- this section will remain in effect until areas south of Leadbetter Point, Wash- the stated expiration date or until re- ington, are not projected to utilize scinded, modified, or superseded. How- their respective quotas by their season ever, no inseason action has any effect ending dates, NMFS may take inseason beyond the end of the calendar year in action to transfer any projected unused which it is issued. quota to another Oregon sport subarea. (5) Availability of data. The Regional (2) Flexible inseason management Administrator will compile, in aggre- provisions include, but are not limited gate form, all data and other informa- to, the following: tion relevant to the action being taken (i) Modification of sport fishing peri- and will make them available for pub- ods; lic review during normal office hours (ii) Modification of sport fishing bag at the Northwest Regional Office, limits; NMFS, Sustainable Fisheries Division, (iii) Modification of sport fishing size 7600 Sand Point Way NE, Seattle, limits; Washington. (iv) Modification of sport fishing (d) Fishery Election in Area 2A. (1) A days per calendar week; and vessel that fishes in Area 2A may par- (v) Modification of subarea quotas. ticipate in only one of the following (3) Notice procedures. (i) Actions taken three fisheries in Area 2A: under this section will be published in (i) The sport fishery under Section 24 the FEDERAL REGISTER. of the annual domestic management (ii) Actual notice of inseason man- measures and IPHC regulations; agement actions will be provided by a (ii) The commercial directed fishery telephone hotline administered by the for halibut during the fishing period(s) Northwest Region, NMFS, at 206–526– established in section 8 of the annual 6667 or 800–662–9825 (May through Octo- domestic management measures and ber) and by U.S. Coast Guard broad- IPHC regulations and/or the incidental casts. These broadcasts are announced on Channel 16 VHF–FM and 2182 kHz at retention of halibut during the primary frequent intervals. The announcements sablefish fishery described at 50 CFR designate the channel or frequency 660.372; or over which the notice to mariners will (iii) The incidental catch fishery dur- be immediately broadcast. Since provi- ing the salmon troll fishery as author- sions of these regulations may be al- ized in section 8 of the annual domestic tered by inseason actions, sport fishers management measures and IPHC regu- should monitor either the telephone lations. hotline or U.S. Coast Guard broadcasts (2) No person shall fish for halibut in for current information for the area in the sport fishery in Area 2A under sec- which they are fishing. tion 24 of the annual domestic manage- (4) Effective dates. (i) Any action ment measures and IPHC regulations issued under this section is effective on from a vessel that has been used during the date specified in the publication or the same calendar year for commercial at the time that the action is filed for halibut fishing in Area 2A or that has

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been issued a permit for the same cal- in Area 2A are required to fish outside endar year for the commercial halibut of a closed area, known as the Rockfish fishery in Area 2A. Conservation Area (RCA), that extends (3) No person shall fish for halibut in along the coast from the U.S./Canada the directed commercial halibut fish- border south to 40°10′ N. lat. Between ery during the fishing periods estab- the U.S./Canada border and 46°16′ N. lished in section 8 of the annual domes- lat., the eastern boundary of the RCA tic management measures and IPHC is the shoreline. Between 46°16′ N. lat. regulations and/or retain halibut inci- and 40°10′ N. lat., the RCA is defined dentally taken in the primary sablefish along an eastern boundary approxi- fishery in Area 2A from a vessel that mating the 30–fm (55–m) depth contour. has been used during the same calendar Coordinates for the 30–fm (55–m) bound- year for the incidental catch fishery ary are listed at § 300.63 (f). Between during the salmon troll fishery as au- the U.S./Canada border and 40°10′ N. thorized in Section 8 of the annual do- lat., the RCA is defined along a western mestic management measures and boundary approximating the 100–fm IPHC regulations. (183–m) depth contour. Coordinates for (4) No person shall fish for halibut in the 100–fm (183–m) boundary are listed the directed commercial halibut fish- at § 300.63 (g). ery and/or retain halibut incidentally (2) Non-treaty commercial vessels op- taken in the primary sablefish fishery erating in the incidental catch fishery in Area 2A from a vessel that, during during the sablefish fishery north of the same calendar year, has been used Pt. Chehalis, Washington, in Area 2A in the sport halibut fishery in Area 2A are required to fish outside of a closed or that is licensed for the sport charter area. Under Pacific Coast groundfish halibut fishery in Area 2A. regulations at 50 CFR 660.382, fishing (5) No person shall retain halibut in with limited entry fixed gear is prohib- the salmon troll fishery in Area 2A as ited within the North Coast Commer- authorized under section 8 of the an- cial Yelloweye Rockfish Conservation nual domestic management measures Area (YRCA). It is unlawful to take and IPHC regulations taken on a vessel and retain, possess, or land halibut that, during the same calendar year, taken with limited entry fixed gear has been used in the sport halibut fish- within the North Coast Commercial ery in Area 2A, or that is licensed for YRCA. The North Coast Commercial the sport charter halibut fishery in YRCA is an area off the northern Wash- Area 2A. ington coast, overlapping the northern (6) No person shall retain halibut in part of North Coast Recreational the salmon troll fishery in Area 2A as YRCA, and is defined by straight lines authorized under section 8 of the an- connecting latitude and longitude co- nual domestic management measures ordinates. Coordinates for the North and IPHC regulations taken on a vessel Coast Commercial YRCA are specified that, during the same calendar year, in groundfish regulations at 50 CFR has been used in the directed commer- 660.390. cial halibut fishery during the fishing (3) Non-treaty commercial vessels op- periods established in Section 8 of the erating in the incidental catch fishery annual domestic management meas- during the salmon troll fishery in Area ures and IPHC regulations and/or re- 2A are required to fish outside of a tained halibut incidentally taken in closed area. Under the Pacific Coast the primary sablefish fishery for Area groundfish regulations at 50 CFR 2A or that is licensed to participate in 660.383, fishing with salmon troll gear these commercial fisheries during the is prohibited within the Salmon Troll fishing periods established in Section 8 YRCA. It is unlawful for commercial of the annual domestic management salmon troll vessels to take and retain, measures and IPHC regulations in Area possess, or land fish within the Salmon 2A. Troll YRCA. The Salmon Troll YRCA (e) Area 2A Non-Treaty Commercial is an area off the northern Washington Fishery Closed Areas. (1) Non-treaty coast and is defined by straight lines commercial vessels operating in the di- connecting latitude and longitude co- rected commercial fishery for halibut ordinates. Coordinates for the Salmon

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Troll YRCA are specified in groundfish (52) 43°07.73′ N. lat., 124°30.92′ W. long.; regulations at 50 CFR 660.390 and in (53) 43°05.93′ N. lat., 124°29.64′ W. long.; salmon regulations at 50 CFR 660.405. (54) 43°01.59′ N. lat., 124°30.64′ W. long.; (f) The 30–fm (55–m) depth contour (55) 42°59.72′ N. lat., 124°31.16′ W. long.; between 46°16′ N. lat. and 40°10′ N. lat. (56) 42°53.75′ N. lat., 124°36.09′ W. long.; is defined by straight lines connecting (57) 42°50.00′ N. lat., 124°38.39′ W. long.; all of the following points in the order (58) 42°49.37′ N. lat., 124°38.81′ W. long.; stated: (59) 42°46.42′ N. lat., 124°37.69′ W. long.; (1) 46°16.00′ N. lat., 124°13.05′ W. long.; (60) 42°46.07′ N. lat., 124°38.56′ W. long.; (2) 46°16.00′ N. lat., 124°13.04′ W. long.; (61) 42°45.29′ N. lat., 124°37.95′ W. long.; (3) 46°07.00′ N. lat., 124°07.01′ W. long.; (62) 42°45.61′ N. lat., 124°36.87′ W. long.; (4) 45°55.95′ N. lat., 124°02.23′ W. long.; (63) 42°44.27′ N. lat., 124°33.64′ W. long.; (5) 45°54.53′ N. lat., 124°02.57′ W. long.; (64) 42°42.75′ N. lat., 124°31.84′ W. long.; (6) 45°50.65′ N. lat., 124°01.62′ W. long.; (65) 42°40.50′ N. lat., 124°29.67′ W. long.; (7) 45°48.20′ N. lat., 124°02.16′ W. long.; (66) 42°40.04′ N. lat., 124°29.20′ W. long.; (8) 45°46.00′ N. lat., 124°01.86′ W. long.; (67) 42°38.09′ N. lat., 124°28.39′ W. long.; (9) 45°43.46′ N. lat., 124°01.28′ W. long.; (68) 42°36.73′ N. lat., 124°27.54′ W. long.; (10) 45°40.48′ N. lat., 124°01.03′ W. long.; (69) 42°36.56′ N. lat., 124°28.40′ W. long.; (11) 45°39.04′ N. lat., 124°01.68′ W. long.; (70) 42°35.77′ N. lat., 124°28.79′ W. long.; (12) 45°35.48′ N. lat., 124°01.90′ W. long.; (71) 42°34.03′ N. lat., 124°29.98′ W. long.; (13) 45°29.81′ N. lat., 124°02.45′ W. long.; (72) 42°34.19′ N. lat., 124°30.58′ W. long.; (14) 45°27.97′ N. lat., 124°01.90′ W. long.; (73) 42°31.27′ N. lat., 124°32.24′ W. long.; (15) 45°27.22′ N. lat., 124°02.66′ W. long.; (74) 42°27.07′ N. lat., 124°32.53′ W. long.; (16) 45°24.20′ N. lat., 124°02.94′ W. long.; (75) 42°24.21′ N. lat., 124°31.23′ W. long.; (17) 45°20.60′ N. lat., 124°01.74′ W. long.; (76) 42°20.47′ N. lat., 124°28.87′ W. long.; (18) 45°20.25′ N. lat., 124°01.85′ W. long.; (77) 42°14.60′ N. lat., 124°26.80′ W. long.; (19) 45°16.44′ N. lat., 124°03.22′ W. long.; (78) 42°13.67′ N. lat., 124°26.25′ W. long.; (20) 45°13.63′ N. lat., 124°02.69′ W. long.; (79) 42°10.90′ N. lat., 124°24.56′ W. long.; (21) 45°11.05′ N. lat., 124°03.59′ W. long.; (80) 42°07.04′ N. lat., 124°23.35′ W. long.; (22) 45°08.55′ N. lat., 124°03.47′ W. long.; (81) 42°02.16′ N. lat., 124°22.59′ W. long.; (23) 45°02.81′ N. lat., 124°04.64′ W. long.; (82) 42°00.00′ N. lat., 124°21.81′ W. long.; (24) 44°58.06′ N. lat., 124°05.03′ W. long.; (83) 41°55.75′ N. lat., 124°20.72′ W. long.; (25) 44°53.97′ N. lat., 124°06.92′ W. long.; (84) 41°50.93′ N. lat., 124°23.76′ W. long.; (26) 44°48.89′ N. lat., 124°07.04′ W. long.; (85) 41°42.53′ N. lat., 124°16.47′ W. long.; (27) 44°46.94′ N. lat., 124°08.25′ W. long.; (86) 41°37.20′ N. lat., 124°17.05′ W. long.; (28) 44°42.72′ N. lat., 124°08.98′ W. long.; (87) 41°24.58′ N. lat., 124°10.51′ W. long.; (29) 44°38.16′ N. lat., 124°11.48′ W. long.; (88) 41°20.73′ N. lat., 124°11.73′ W. long.; (30) 44°33.38′ N. lat., 124°11.54′ W. long.; (89) 41°17.59′ N. lat., 124°10.66′ W. long.; (31) 44°28.51′ N. lat., 124°12.04′ W. long.; (90) 41°04.54′ N. lat., 124°14.47′ W. long.; (32) 44°27.65′ N. lat., 124°12.56′ W. long.; (91) 40°54.26′ N. lat., 124°13.90′ W. long.; (33) 44°19.67′ N. lat., 124°12.37′ W. long.; (92) 40°40.31′ N. lat., 124°26.24′ W. long.; (34) 44°10.79′ N. lat., 124°12.22′ W. long.; (93) 40°34.00′ N. lat., 124°27.39′ W. long.; (35) 44°09.22′ N. lat., 124°12.28′ W. long.; (94) 40°30.00′ N. lat., 124°31.32′ W. long.; (36) 44°08.30′ N. lat., 124°12.30′ W. long.; (95) 40°28.89′ N. lat., 124°32.43′ W. long.; (37) 44°00.22′ N. lat., 124°12.80′ W. long.; (96) 40°24.77′ N. lat., 124°29.51′ W. long.; (38) 43°51.56′ N. lat., 124°13.18′ W. long.; (97) 40°22.47′ N. lat., 124°24.12′ W. long.; (39) 43°44.26′ N. lat., 124°14.50′ W. long.; (98) 40°19.73′ N. lat., 124°23.59′ W. long.; (40) 43°33.82′ N. lat., 124°16.28′ W. long.; (99) 40°18.64′ N. lat., 124°21.89′ W. long.; (41) 43°28.66′ N. lat., 124°18.72′ W. long.; (100) 40°17.67′ N. lat., 124°23.07′ W. (42) 43°23.12′ N. lat., 124°24.04′ W. long.; long.; (43) 43°20.83′ N. lat., 124°25.67′ W. long.; (101) 40°15.58′ N. lat., 124°23.61′ W. (44) 43°20.48′ N. lat., 124°25.90′ W. long.; long.; (45) 43°16.41′ N. lat., 124°27.52′ W. long.; (102) 40°13.42′ N. lat., 124°22.94′ W. (46) 43°14.23′ N. lat., 124°29.28′ W. long.; long.; and (47) 43°14.03′ N. lat., 124°28.31′ W. long.; (103) 40°10.00′ N. lat., 124°16.65′ W. (48) 43°11.92′ N. lat., 124°28.26′ W. long.; long. (49) 43°11.02′ N. lat., 124°29.11′ W. long.; (g) The 100–fm (183–m) depth contour (50) 43°10.13′ N. lat., 124°29.15′ W. long.; used between the U.S. border with Can- (51) 43°09.26′ N. lat., 124°31.03′ W. long.; ada and 40°10′ N. lat. is defined by

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straight lines connecting all of the fol- (58) 47°20.64′ N. lat., 124°45.91′ W. long.; lowing points in the order stated: (59) 47°17.99′ N. lat., 124°45.59′ W. long.; (1) 48°15.00′ N. lat., 125°41.00′ W. long.; (60) 47°18.20′ N. lat., 124°49.12′ W. long.; (2) 48°14.00′ N. lat., 125°36.00′ W. long.; (61) 47°15.01′ N. lat., 124°51.09′ W. long.; (3) 48°09.50′ N. lat., 125°40.50′ W. long.; (62) 47°12.61′ N. lat., 124°54.89′ W. long.; (4) 48°08.00′ N. lat., 125°38.00′ W. long.; (63) 47°08.22′ N. lat., 124°56.53′ W. long.; (5) 48°05.00′ N. lat., 125°37.25′ W. long.; (64) 47°08.50′ N. lat., 124°57.74′ W. long.; (6) 48°02.60′ N. lat., 125°34.70′ W. long.; (65) 47°01.92′ N. lat., 124°54.95′ W. long.; (7) 47°59.00′ N. lat., 125°34.00′ W. long.; (66) 47°01.08′ N. lat., 124°59.22′ W. long.; (8) 47°57.26′ N. lat., 125°29.82′ W. long.; (67) 46°58.48′ N. lat., 124°57.81′ W. long.; (9) 47°59.87′ N. lat., 125°25.81′ W. long.; (68) 46°56.79′ N. lat., 124°56.03′ W. long.; (10) 48°01.80′ N. lat., 125°24.53′ W. long.; (69) 46°58.01′ N. lat., 124°55.09′ W. long.; (11) 48°02.08′ N. lat., 125°22.98′ W. long.; (70) 46°55.07′ N. lat., 124°54.14′ W. long.; (12) 48°02.97′ N. lat., 125°22.89′ W. long.; (71) 46°59.60′ N. lat., 124°49.79′ W. long.; ° ′ ° ′ (13) 48°04.47′ N. lat., 125°21.75′ W. long.; (72) 46 58.72 N. lat., 124 48.78 W. long.; ° ′ ° ′ (14) 48°06.11′ N. lat., 125°19.33′ W. long.; (73) 46 54.45 N. lat., 124 48.36 W. long.; ° ′ ° ′ (15) 48°07.95′ N. lat., 125°18.55′ W. long.; (74) 46 53.99 N. lat., 124 49.95 W. long.; ° ′ ° ′ (16) 48°09.00′ N. lat., 125°18.00′ W. long.; (75) 46 54.38 N. lat., 124 52.73 W. long.; ° ′ ° ′ (17) 48°11.31′ N. lat., 125°17.55′ W. long.; (76) 46 52.38 N. lat., 124 52.02 W. long.; ° ′ ° ′ (77) 46°48.93′ N. lat., 124°49.17′ W. long.; (18) 48 14.60 N. lat., 125 13.46 W. long.; ° ′ ° ′ ° ′ ° ′ (78) 46 41.50 N. lat., 124 43.00 W. long.; (19) 48 16.67 N. lat., 125 14.34 W. long.; ° ′ ° ′ ° ′ ° ′ (79) 46 34.50 N. lat., 124 28.50 W. long.; (20) 48 18.73 N. lat., 125 14.41 W. long.; ° ′ ° ′ ° ′ ° ′ (80) 46 29.00 N. lat., 124 30.00 W. long.; (21) 48 19.67 N. lat., 125 13.70 W. long.; ° ′ ° ′ ° ′ ° ′ (81) 46 20.00 N. lat., 124 36.50 W. long.; (22) 48 19.70 N. lat., 125 11.13 W. long.; ° ′ ° ′ ° ′ ° ′ (82) 46 18.40 N. lat., 124 37.70 W. long.; (23) 48 22.95 N. lat., 125 10.79 W. long.; (83) 46°18.03′ N. lat., 124°35.46′ W. long.; (24) 48°21.61′ N. lat., 125°02.54′ W. long.; ° ′ ° ′ ° ′ ° ′ (84) 46 17.00 N. lat., 124 22.50 W. long.; (25) 48 23.00 N. lat., 124 49.34 W. long.; (85) 46°16.00′ N. lat., 124°20.62′ W. long.; ° ′ ° ′ (26) 48 17.00 N. lat., 124 56.50 W. long.; (86) 46°13.52′ N. lat., 124°25.49′ W. long.; ° ′ ° ′ (27) 48 06.00 N. lat., 125 00.00 W. long.; (87) 46°12.17′ N. lat., 124°30.74′ W. long.; ° ′ ° ′ (28) 48 04.62 N. lat., 125 01.73 W. long.; (88) 46°10.63′ N. lat., 124°37.96′ W. long.; ° ′ ° ′ (29) 48 04.84 N. lat., 125 04.03 W. long.; (89) 46°09.29′ N. lat., 124°39.01′ W. long.; (30) 48°06.41′ N. lat., 125°06.51′ W. long.; (90) 46°02.40′ N. lat., 124°40.37′ W. long.; (31) 48°06.00′ N. lat., 125°08.00′ W. long.; (91) 45°56.45′ N. lat., 124°38.00′ W. long.; (32) 48°07.08′ N. lat., 125°09.34′ W. long.; (92) 45°51.92′ N. lat., 124°38.50′ W. long.; (33) 48°07.28′ N. lat., 125°11.14′ W. long.; (93) 45°47.20′ N. lat., 124°35.58′ W. long.; (34) 48°03.45′ N. lat., 125°16.66′ W. long.; (94) 45°46.40′ N. lat., 124°32.36′ W. long.; (35) 47°59.50′ N. lat., 125°18.88′ W. long.; (95) 45°46.00′ N. lat., 124°32.10′ W. long.; (36) 47°58.68′ N. lat., 125°16.19′ W. long.; (96) 45°41.75′ N. lat., 124°28.12′ W. long.; (37) 47°56.62′ N. lat., 125°13.50′ W. long.; (97) 45°36.95′ N. lat., 124°24.47′ W. long.; (38) 47°53.71′ N. lat., 125°11.96′ W. long.; (98) 45°31.84′ N. lat., 124°22.04′ W. long.; (39) 47°51.70′ N. lat., 125°09.38′ W. long.; (99) 45°27.10′ N. lat., 124°21.74′ W. long.; (40) 47°49.95′ N. lat., 125°06.07′ W. long.; (100) 45°20.25′ N. lat., 124°18.54′ W. (41) 47°49.00′ N. lat., 125°03.00′ W. long.; long.; (42) 47°46.95′ N. lat., 125°04.00′ W. long.; (101) 45°18.14′ N. lat., 124°17.59′ W. (43) 47°46.58′ N. lat., 125°03.15′ W. long.; long.; (44) 47°44.07′ N. lat., 125°04.28′ W. long.; (102) 45°11.08′ N. lat., 124°16.97′ W. (45) 47°43.32′ N. lat., 125°04.41′ W. long.; long.; (46) 47°40.95′ N. lat., 125°04.14′ W. long.; (103) 45°04.39′ N. lat., 124°18.35′ W. (47) 47°39.58′ N. lat., 125°04.97′ W. long.; long.; (48) 47°36.23′ N. lat., 125°02.77′ W. long.; (104) 45°03.83′ N. lat., 124°18.60′ W. (49) 47°34.28′ N. lat., 124°58.66′ W. long.; long.; (50) 47°32.17′ N. lat., 124°57.77′ W. long.; (105) 44°58.05′ N. lat., 124°21.58′ W. (51) 47°30.27′ N. lat., 124°56.16′ W. long.; long.; (52) 47°30.60′ N. lat., 124°54.80′ W. long.; (106) 44°47.67′ N. lat., 124°31.41′ W. (53) 47°29.26′ N. lat., 124°52.21′ W. long.; long.; (54) 47°28.21′ N. lat., 124°50.65′ W. long.; (107) 44°44.54′ N. lat., 124°33.58′ W. (55) 47°27.38′ N. lat., 124°49.34′ W. long.; long.; (56) 47°25.61′ N. lat., 124°48.26′ W. long.; (108) 44°39.88′ N. lat., 124°35.00′ W. (57) 47°23.54′ N. lat., 124°46.42′ W. long.; long.;

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(109) 44°32.90′ N. lat., 124°36.81′ W. (138) 42°16.29′ N. lat., 124°36.11′ W. long.; long.; (110) 44°30.34′ N. lat., 124°38.56′ W. (139) 42°13.67′ N. lat., 124°35.81′ W. long.; long.; (111) 44°30.04′ N. lat., 124°42.31′ W. (140) 42°05.66′ N. lat., 124°34.92′ W. long.; long.; (112) 44°26.84′ N. lat., 124°44.91′ W. (141) 42°00.00′ N. lat., 124°35.27′ W. long.; long.; (113) 44°17.99′ N. lat., 124°51.04′ W. (142) 41°47.04′ N. lat., 124°27.64′ W. long.; long.; (114) 44°12.92′ N. lat., 124°56.28′ W. (143) 41°32.92′ N. lat., 124°28.79′ W. long.; long.; (115) 44°00.14′ N. lat., 124°55.25′ W. (144) 41°24.17′ N. lat., 124°28.46′ W. long.; long.; (116) 43°57.68′ N. lat., 124°55.48′ W. (145) 41°10.12′ N. lat., 124°20.50′ W. long.; long.; (117) 43°56.66′ N. lat., 124°55.45′ W. (146) 40°51.41′ N. lat., 124°24.38′ W. long.; long.; (118) 43°56.47′ N. lat., 124°34.61′ W. (147) 40°43.71′ N. lat., 124°29.89′ W. long.; long.; (119) 43°42.73′ N. lat., 124°32.41′ W. (148) 40°40.14′ N. lat., 124°30.90′ W. long.; long.; (120) 43°30.92′ N. lat., 124°34.43′ W. (149) 40°37.35′ N. lat., 124°29.05′ W. long.; long.; (121) 43°20.83′ N. lat., 124°39.39′ W. (150) 40°34.76′ N. lat., 124°29.82′ W. long.; long.; (122) 43°17.45′ N. lat., 124°41.16′ W. (151) 40°36.78′ N. lat., 124°37.06′ W. long.; long.; (123) 43°07.04′ N. lat., 124°41.25′ W. (152) 40°32.44′ N. lat., 124°39.58′ W. long.; long.; (124) 43°03.45′ N. lat., 124°44.36′ W. (153) 40°30.00′ N. lat., 124°38.13′ W. long.; long.; (125) 43°03.91′ N. lat., 124°50.81′ W. (154) 40°24.82′ N. lat., 124°35.12′ W. long.; long.; (126) 42°55.70′ N. lat., 124°52.79′ W. (155) 40°23.30′ N. lat., 124°31.60′ W. long.; long.; (127) 42°54.12′ N. lat., 124°47.36′ W. (156) 40°23.52′ N. lat., 124°28.78′ W. long.; long.; (128) 42°50.00′ N. lat., 124°45.33′ W. (157) 40°22.43′ N. lat., 124°25.00′ W. long.; long.; (129) 42°44.00′ N. lat., 124°42.38′ W. (158) 40°21.72′ N. lat., 124°24.94′ W. long.; long.; (130) 42°40.50′ N. lat., 124°41.71′ W. (159) 40°21.87′ N. lat., 124°27.96′ W. long.; long.; (131) 42°38.23′ N. lat., 124°41.25′ W. (160) 40°21.40′ N. lat., 124°28.74′ W. long.; long.; (132) 42°33.02′ N. lat., 124°42.38′ W. (161) 40°19.68′ N. lat., 124°28.49′ W. long.; long.; (133) 42°31.90′ N. lat., 124°42.04′ W. (162) 40°17.73′ N. lat., 124°25.43′ W. long.; long.; (134) 42°30.08′ N. lat., 124°42.67′ W. (163) 40°18.37′ N. lat., 124°23.35′ W. long.; long.; (135) 42°28.28′ N. lat., 124°47.08′ W. (164) 40°15.75′ N. lat., 124°26.05′ W. long.; long.; (136) 42°25.22′ N. lat., 124°43.51′ W. (165) 40°16.75′ N. lat., 124°33.71′ W. long.; long.; (137) 42°19.23′ N. lat., 124°37.91′ W. (166) 40°16.29′ N. lat., 124°34.36′ W. long.; long.; and

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(167) 40°10.00′ N. lat., 124°21.12′ W. period shall not apply to treaty Indian long. fishing. [61 FR 35550, July 5, 1996, as amended at 63 (e) Ceremonial and subsistence fish- FR 13009, Mar. 17, 1998; 63 FR 24752, May 5, ing for halibut by treaty Indians in 1998; 64 FR 52469, Sept. 29, 1999; 65 FR 67308, subarea 2A–1 is permitted with hook- Nov. 9, 2000; 65 FR 8373, Jan. 31, 2001; 66 FR and-line gear from January 1 to De- 36208, July 11, 2001; 66 FR 42156, Aug. 10, 2001; cember 31. 68 FR 11003, Mar. 7, 2003; 68 FR 18156, Apr. 15, 2003; 69 FR 24532, May 4, 2004; 70 FR 16751, (f) No size or bag limits shall apply to Apr. 1, 2005; 71 FR 10863, Mar. 3, 2006; 72 FR the ceremonial and subsistence fishery, 11807, Mar. 14, 2007; 73 FR 12297, Mar. 7, 2008] except that when commercial halibut fishing is prohibited pursuant to para- § 300.64 Fishing by U.S. treaty Indian graph (b) of this section, treaty Indians tribes. may take and retain not more than (a) Halibut fishing in subarea 2A–1 by two halibut per person per day. members of U.S. treaty Indian tribes (g) Halibut taken for ceremonial and located in the State of Washington is subsistence purposes shall not be of- governed by this section. fered for sale or sold. (b) Commercial fishing for halibut by (h) Any member of a U.S. treaty In- treaty Indians is permitted only in sub- dian tribe who is engaged in commer- area 2A–1 with hook-and-line gear in cial or ceremonial and subsistence fish- conformance with the season and quota ing under this section must have on his established annually by the Commis- or her person a valid treaty Indian sion. identification card issued pursuant to (c) Commercial fishing periods and management measures to implement 25 CFR part 249, subpart A, and must paragraph (b) of this section will be es- comply with the treaty Indian vessel tablished by treaty Indian tribal regu- and gear identification requirements of lations. Final Decision No. 1 and subsequent or- (d) Commercial fishing for halibut by ders in United States v. Washington 384 treaty Indians shall comply with the F. Supp. 312 (W.D. Wash., 1974). Commission’s management measures (i) The following table sets forth the governing size limits, careful release of fishing areas of each of the 12 treaty halibut, logs, and fishing gear (pub- Indian tribes fishing pursuant to this lished pursuant to § 300.62), except that section. Within subarea 2A–1, bound- the 72-hour fishing restriction pre- aries of a tribe’s fishing area may be ceding the opening of a halibut fishing revised as ordered by a Federal Court.

Tribe Boundaries

HOH ...... Between 47°54′18″ N. lat. (Quillayute River) and 47°21′00″ N. lat. (Quinault River), and east of 125°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°02′15″ N. lat. (Norwegian Memorial), west of 123°42′30″ W. long., and east of 125°44′00″ W. long. NOOKSACK ...... 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 Nooksack Tribe may fish under rights secured by treaties with the United States.

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Tribe Boundaries

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°07′36″ N. lat. (Sand Point) and 47°31′42″ N. lat. (Queets River), and east of 125°44′00″ W. long. QUINAULT ...... Between 47°40′06″ N. lat. (Destruction Island) and 46°53′18″ N. lat. (Point Chehalis), and east of 125°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.

[61 FR 35550, July 5, 1996, as amended at 74 If the Annual Total Constant FR 11697, March 19, 2009] Exploitation Yield for Halibut Then the GHL will be: is More Than:

§ 300.65 Catch sharing plan and do- (C) 6,903,000 lb 1,074,000 lb mestic management measures in (3,131.1 mt) (487.2 mt) waters in and off Alaska. (D) 5,841,000 lb 931,000 lb (a) A catch sharing plan (CSP) may (2,649.4 mt) (422.3 mt) be developed by the North Pacific Fish- ery Management Council and approved (E) 4,779,000 lb 788,000 lb (2,167.7 mt) (357.4 mt) by NMFS for portions of the fishery. Any approved CSP may be obtained (ii) Regulatory Area 3A from the Administrator, Alaska Re- gion, NMFS. (A) 21,581,000 lb 3,650,000 lb (9,789.0 mt) (1,655.6 mt) (b) The catch sharing plan for Com- mission regulatory area 4 allocates the (B) 19,042,000 lb 3,103,000 lb annual TAC among area 4 subareas and (8,637.3 mt) (1,407.5 mt) will be implemented by the Commis- (C) 16,504,000 lb 2,734,000 lb sion in annual management measures (7,486.1 mt) (1,240.1 mt) published pursuant to 50 CFR 300.62. (D) 13,964,000 lb 2,373,000 lb (c) Guideline harvest level. (1) The an- (6,334.0 mt) (1,076.4 mt) nual GHLs for Regulatory Areas 2C and 3A are determined as follows: (E) 11,425,000 lb 2,008,000 lb (5,182.3 mt) (910.8 mt) If the Annual Total Constant Exploitation Yield for Halibut Then the GHL will be: (2) NMFS will publish a notice in the is More Than: FEDERAL REGISTER on an annual basis (i) Regulatory Area 2C announcing the GHL based on the table in paragraph (c)(1) of this section for (A) 9,027,000 lb 1,432,000 lb (4,094.6 mt) (649.5 mt) Area 2C and Area 3A for that calendar year after the IPHC establishes the (B) 7,965,000 lb 1,217,000 lb constant exploitation yield for that (3,612.9 mt) (552.0 mt) year.

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(3) The announced GHLs for Area 2C partment of Fish and Game Saltwater and 3A are intended to be the bench- Sport Fishing Charter Trip Logbook marks for charter halibut harvest in data sheet on the line number that cor- those areas for the year in which it is responds to the angler’s information on announced pursuant to paragraph (c)(2) the front of the logbook data sheet. of this section. NMFS may take action (B) Charter vessel guide requirements. at any time to limit the charter hal- For each charter vessel fishing trip in ibut harvest to as close to the GHL as Area 2C, the charter vessel guide must practicable. record the following information (see (d) Charter vessels in Area 2C and Area paragraphs (d)(2)(iv)(B)(1) through (8) 3A—(1) General requirements—(i) Log- of this section) in the Alaska Depart- book submission. Alaska Department of ment of Fish and Game Saltwater Fish and Game Saltwater Sport Fish- Sport Fishing Charter Trip Logbook: ing Charter Trip Logbook data sheets (1) Business owner license number. The must be submitted to the Alaska De- sport fishing operator business license partment of Fish and Game, Division of number issued by the Alaska Depart- Sport Fish, 333 Raspberry Road, An- ment of Fish and Game to the charter chorage, AK 99518–1599, and postmarked vessel guide or the charter vessel no more than seven calendar days after guide’s employer. the end of a charter vessel fishing trip. (2) Guide license number. The Alaska (ii) The charter vessel guide is re- Department of Fish and Game sport sponsible for complying with the re- fishing guide license number held by porting requirements of this paragraph charter vessel guide who certified the (d). The employer of the charter vessel logbook data sheet. guide is responsible for ensuring that the charter vessel guide complies with (3) Date. Month and day for each the reporting requirements of this charter vessel fishing trip taken. A sep- paragraph (d). arate logbook data sheet is required for (2) Charter vessels in Area 2C—(i) Daily each charter vessel fishing trip if two bag limit. The number of halibut caught or more trips were taken on the same and retained by each charter vessel an- day. A separate logbook data sheet is gler in Area 2C is limited to no more required for each calendar day that than one halibut per calendar day. halibut are caught and retained during (ii) Charter vessel guide and crew re- a multi-day trip. striction. A charter vessel guide, a char- (4) Regulatory area fished. Circle the ter vessel operator, and any crew mem- regulatory area (Area 2C or Area 3A) ber of a charter vessel must not catch where halibut were caught and re- and retain halibut during a charter tained during each charter vessel fish- fishing trip. ing trip. If halibut were caught and re- (iii) Line limit. The number of lines tained in Area 2C and Area 3A during used to fish for halibut onboard a ves- the same charter vessel fishing trip, sel must not exceed six or the number then a separate logbook data sheet of charter vessel anglers, whichever is must be used to record halibut caught less. and retained for each regulatory area. (iv) Recordkeeping and reporting re- (5) Angler sport fishing license number quirements in Area 2C. Each charter ves- and printed name. Before a charter vessel angler and charter vessel guide on- sel fishing trip begins, record for each board a vessel in Area 2C must comply charter vessel angler the Alaska Sport with the following recordkeeping and Fishing License number for the current reporting requirements (see paragraphs year, resident permanent license num- (d)(2)(iv)(A) and (B) of this section): ber, or disabled veteran license num- (A) Charter vessel angler signature re- ber, and print the name of each paying quirement. At the end of a charter ves- and nonpaying charter vessel angler sel fishing trip, each charter vessel an- onboard that will fish for halibut. gler who retains halibut caught in Area Record the name of each angler not re- 2C must acknowledge that his or her quired to have an Alaska Sport Fishing information and the number of halibut License or its equivalent. retained (kept) are recorded correctly (6) Number of halibut retained. For by signing the back of the Alaska De- each charter vessel angler, record the

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number of halibut caught and retained (A) By a line from Kruzof Island at during the charter vessel fishing trip. 57°20′30″ N. lat., 135°45′10″ W. long. to (7) Signature. At the end of a charter Chichagof Island at 57°22′03″ N. lat., vessel fishing trip, acknowledge that 135°43′00″ W. long., and the recorded information is correct by (B) A line from Chichagof Island at signing the logbook data sheet. 57°22′35″ N. lat., 135°41′18″ W. long. to (8) Angler signature. The charter ves- Baranof Island at 57°22′17″ N. lat., sel guide is responsible for ensuring 135°40′57″ W. lat.; and that charter vessel anglers comply (C) That is enclosed on the south and with the signature requirements at west by a line from Sitka Point at paragraph (d)(2)(iv)(A) of this section. 56°59′23″ N. lat., 135°49′34″ W. long., to (3) Recordkeeping and reporting re- Hanus Point at 56°51′55″ N. lat., quirements in Area 3A. For each charter 135°30′30″ W. long., vessel fishing trip in Area 3A, the char- (D) To the green day marker in Doro- ter vessel guide must record the regu- thy Narrows at 56°49′17″ N. lat., latory area (Area 2C or Area 3A) where 135°22′45″ W. long. to Baranof Island at halibut were caught and retained by 56°49′17″ N. lat., 135°22′36″ W. long. circling the appropriate area in the (2) A person using a vessel greater Alaska Department of Fish and Game than 35 ft (10.7 m) in overall length, as Saltwater Sport Fishing Charter Trip defined at 50 CFR 300.61, is prohibited Logbook. If halibut were caught and from fishing for IFQ halibut with retained in Area 2C and Area 3A during setline gear, as defined at 50 CFR the same charter vessel fishing trip, 300.61, within Sitka Sound as defined in then a separate logbook data sheet paragraph (e)(1)(i) of this section. must be used to record halibut caught (3) A person using a vessel less than and retained for each regulatory area. or equal to 35 ft (10.7 m) in overall (e) The Local Area Management Plan length, as defined at 50 CFR 300.61: (LAMP) for Sitka Sound provides guidelines for participation in the hal- (i) Is prohibited from fishing for IFQ ibut fishery in Sitka Sound. halibut with setline gear within Sitka (1) For purposes of this section, Sitka Sound, as defined in paragraph (e)(1)(ii) Sound means (See Figure 1 to subpart of this section, from June 1 through E): August 31; and (i) With respect to paragraph (e)(2) of (ii) Is prohibited, during the remain- this section, that part of the Commis- der of the designated IFQ season, from sion regulatory area 2C that is enclosed retaining more than 2,000 lb (0.91 mt) of on the north and east: IFQ halibut within Sitka Sound, as de- (A) By a line from Kruzof Island at fined in paragraph (e)(1)(ii) of this sec- 57°20′30″ N. lat., 135°45′10″ W. long. to tion, per IFQ fishing trip, as defined in Chichagof Island at 57°22′03″ N. lat., 50 CFR 300.61. 135°43′00″ W. long., and (4) No charter vessel shall engage in (B) By a line from Chichagof Island sport fishing, as defined at § 300.61, for at 57°22′35″ N. lat., 135°41′18″ W. long. to halibut within Sitka Sound, as defined Baranof Island at 57°22′17″ N. lat., in paragraph (e)(1)(ii) of this section, 135°40′57″ W. long.; and from June 1 through August 31. (C) That is enclosed on the south and (i) No charter vessel shall retain hal- west by a line from Cape Edgecumbe at ibut caught while engaged in sport 56°59′54″ N. lat., 135°51′27″ W. long. to fishing, as defined at § 300.61, for other Vasilief Rock at 56°48′56″ N. lat., species, within Sitka Sound, as defined 135°32′30″ W. long., and in paragraph (e)(1)(ii) of this section, (D) To the green day marker in Doro- from June 1 through August 31. thy Narrows at 56°49′17″ N. lat., (ii) Notwithstanding paragraphs (e)(4) 135°22′45″ W. long. to Baranof Island at and (e)(4)(i) of this section, halibut har- 56°49′17″ N. lat., 135°22′36″ W. long. vested outside Sitka Sound, as defined (ii) With respect to paragraphs (e)(3), in paragraph (e)(1)(ii) of this section, (e)(4), and (e)(5) of this section, that may be retained onboard a charter ves- part of the Commission Regulatory sel engaged in sport fishing, as defined Area 2C that is enclosed on the north in § 300.61, for other species within and east: Sitka Sound, as defined in paragraph

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(e)(1)(ii) of this section, from June 1 HALIBUT REGULATORY AREA 2C—Continued through August 31. (5) Setline gear may not be used in a Rural Community Organized Entity 4 nm radius extending south from Low Sitka ...... Municipality Island at 57°00.70′ N. lat., 135°36.57′ W. Skagway ...... Municipality long. within Sitka Sound, as defined in Tenakee Springs ...... Municipality paragraph (e)(1)(ii) of this section, from Thorne Bay ...... Municipality June 1 through August 31. Whale Pass ...... Census Designated Place Wrangell ...... Municipality (f) Sitka Pinnacles Marine Reserve. (1) For purposes of this paragraph (f), the Sitka Pinnacles Marine Reserve HALIBUT REGULATORY AREA 3A means an area totaling 2.5 square nm Rural Community Organized Entity off Cape Edgecumbe, defined by straight lines connecting the following Akhiok ...... Municipality points in a counterclockwise manner: Chenega Bay ...... Census Designated Place Cordova ...... Municipality 56°55.5′N lat., 135°54.0′W long; Karluk ...... Census Designated Place 56°57.0′N lat., 135°54.0′W long; Kodiak City ...... Municipality 56°57.0′N lat., 135°57.0′W long; Larsen Bay ...... Municipality 56°55.5′N lat., 135°57.0′W long. Nanwalek ...... Census Designated Place Old Harbor ...... Municipality (2) No person shall engage in com- Ouzinkie ...... Municipality mercial, sport or subsistence fishing, as Port Graham ...... Census Designated Place defined at § 300.61, for halibut within Port Lions ...... Municipality the Sitka Pinnacles Marine Reserve. Seldovia ...... Municipality (3) No person shall anchor a vessel Tatitlek ...... Census Designated Place within the Sitka Pinnacles Marine Re- Yakutat ...... Municipality serve if halibut is on board. (g) Subsistence fishing in and off Alas- HALIBUT REGULATORY AREA 3B ka. No person shall engage in subsistence fishing for halibut unless that per- Rural Community Organized Entity son meets the requirements in para- Chignik Bay ...... Municipality graphs (g)(1) or (g)(2) of this section. Chignik Lagoon ...... Census Designated Place (1) A person is eligible to harvest sub- Chignik Lake ...... Census Designated Place sistence halibut if he or she is a rural Cold Bay ...... Municipality resident of a community with cus- False Pass ...... Municipality Ivanof Bay ...... Census Designated Place tomary and traditional uses of halibut King Cove ...... Municipality listed in the following table: Nelson Lagoon ...... Census Designated Place Perryville ...... Census Designated Place HALIBUT REGULATORY AREA 2C Sand Point ...... Municipality

Rural Community Organized Entity HALIBUT REGULATORY AREA 4A Angoon ...... Municipality Coffman Cove ...... Municipality Rural Community Organized Entity Craig ...... Municipality Edna Bay ...... Census Designated Place Akutan ...... Municipality Elfin Cove ...... Census Designated Place Nikolski ...... Census Designated Place Gustavus ...... Census Designated Place Haines ...... Municipality Unalaska ...... Municipality Hollis ...... Census Designated Place Hoonah ...... Municipality Hydaburg ...... Municipality HALIBUT REGULATORY AREA 4B Hyder ...... Census Designated Place Kake ...... Municipality Rural Community Organized Entity Kasaan ...... Municipality Klawock ...... Municipality Adak ...... Census Designated Place Klukwan ...... Census Designated Place Atka ...... Municipality Metlakatla ...... Census Designated Place Meyers Chuck ...... Census Designated Place Naukati ...... Municipality HALIBUT REGULATORY AREA 4C Pelican ...... Municipality Petersburg ...... Municipality Rural Community Organized Entity Point Baker ...... Census Designated Place Port Alexander ...... Municipality St. George ...... Municipality Port Protection ...... Census Designated Place St. Paul ...... Municipality Saxman ...... Municipality

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HALIBUT REGULATORY AREA 4D HALIBUT REGULATORY AREA 2C

Rural Community Organized Entity Place with Tribal Head- quarters Organized Tribal Entity Gambell ...... Municipality Savoonga ...... Municipality Angoon ...... Angoon Community Association Diomede (Inalik) ...... Municipality Craig ...... Craig Community Association Haines ...... Chilkoot Indian Association Hoonah ...... Hoonah Indian Association HALIBUT REGULATORY AREA 4E Hydaburg ...... Hydaburg Cooperative Associa- tion Rural Community Organized Entity Juneau ...... Aukquan Traditional Council Central Council Tlingit and Alakanuk ...... Municipality Haida Indian Tribes Aleknegik ...... Municipality Douglas Indian Association Bethel ...... Municipality Kake ...... Organized Village of Kake Brevig Mission ...... Municipality Kasaan ...... Organized Village of Kasaan Chefornak ...... Municipality Ketchikan ...... Ketchikan Indian Corporation Chevak ...... Municipality Klawock ...... Klawock Cooperative Associa- Clark’s Point ...... Municipality tion Klukwan ...... Chilkat Indian Village Council ...... Census Designated Place Metlakatla ...... Metlakatla Indian Community, Dillingham ...... Municipality Annette Island Reserve Eek ...... Municipality Petersburg ...... Petersburg Indian Association Egegik ...... Municipality Saxman ...... Organized Village of Saxman Elim ...... Municipality Sitka ...... Sitka Tribe of Alaska Emmonak ...... Municipality Skagway ...... Skagway Village Golovin ...... Municipality Wrangell ...... Wrangell Cooperative Associa- Goodnews Bay ...... Municipality tion Hooper Bay ...... Municipality King Salmon ...... Census Designated Place Kipnuk ...... Census Designated Place HALIBUT REGULATORY AREA 3A Kongiganak ...... Census Designated Place Kotlik ...... Municipality Place with Tribal Head- Koyuk ...... Municipality quarters Organized Tribal Entity Kwigillingok ...... Census Designated Place Levelock ...... Census Designated Place Akhiok ...... Native Village of Akhiok Manokotak ...... Municipality Chenega Bay ...... Native Village of Chanega Mekoryak ...... Municipality Cordova ...... Native Village of Eyak Naknek ...... Census Designated Place Karluk ...... Native Village of Karluk Napakiak ...... Municipality Kenai-Soldotna ...... Kenaitze Indian Tribe Napaskiak ...... Municipality Village of Salamatoff Newtok ...... Census Designated Place Kodiak City ...... Lesnoi Village (Woody Island) Nightmute ...... Municipality Native Village of Afognak Nome ...... Municipality Shoonaq’ Tribe of Kodiak Oscarville ...... Census Designated Place Larsen Bay ...... Native Village of Larsen Bay Pilot Point ...... Municipality Nanwalek ...... Native Village of Nanwalek Platinum ...... Municipality Ninilchik ...... Ninilchik Village Port Heiden ...... Municipality Old Harbor ...... Village of Old Harbor Quinhagak ...... Municipality Ouzinkie ...... Native Village of Ouzinkie Scammon Bay ...... Municipality Port Graham ...... Native Village of Port Graham Shaktoolik ...... Municipality Port Lions ...... Native Village of Port Lions Sheldon Point (Nunam Municipality Seldovia ...... Seldovia Village Tribe Tatitlek ...... Native Village of Tatitlek Iqua). Wasilla ...... Village of Kanatak Shishmaref ...... Municipality Yakutat ...... Yakutat Tlingit Tribe Solomon ...... Census Designated Place South Naknek ...... Census Designated Place St. Michael ...... Municipality HALIBUT REGULATORY AREA 3B Stebbins ...... Municipality Teller ...... Municipality Place with Tribal Head- Togiak ...... Municipality quarters Organized Tribal Entity Toksook Bay ...... Municipality Tuntutuliak ...... Census Designated Place Chignik Bay ...... Native Village of Chignik Tununak ...... Census Designated Place Chignik Lagoon ...... Native Village of Chignik La- Twin Hills ...... Census Designated Place goon Ugashik ...... Census Designated Place Chignik Lake ...... Chignik Lake Village Unalakleet ...... Municipality False Pass ...... Native Village of False Pass Wales ...... Municipality Ivanof Bay ...... Ivanoff Bay Village White Mountain ...... Municipality King Cove ...... Agdaagux Tribe of King Cove Native Village of Belkofski (2) A person is eligible to harvest sub- Nelson Lagoon ...... Native Village of Nelson Lagoon Perryville ...... Native Village of Perryville sistence halibut if he or she is a mem- Sand Point ...... Pauloff Harbor Village ber of an Alaska Native tribe with cus- Native Village of Unga tomary and traditional uses of halibut Qagan Tayagungin Tribe of listed in the following table: Sand Point Village

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HALIBUT REGULATORY AREA 4A HALIBUT REGULATORY AREA 4E—Continued

Place with Tribal Head- Organized Tribal Entity Place with Tribal Head- quarters quarters Organized Tribal Entity

Akutan ...... Native Village of Akutan Napakiak ...... Native Village of Napakiak Nikolski ...... Native Village of Nikolski Napaskiak ...... Native Village of Napaskiak Unalaska ...... Qawalingin Tribe of Unalaska Newtok ...... Newtok Village Nightmute ...... Native Village of Nightmute HALIBUT REGULATORY AREA 4B Umkumiute Native Village Nome ...... King Island Native Community Nome Eskimo Community Place with Tribal Head- Organized Tribal Entity quarters Oscarville ...... Oscarville Traditional Village Pilot Point ...... Native Village of Pilot Point Atka ...... Native Village of Atka Platinum ...... Platinum Traditional Village Port Heiden ...... Native Village of Port Heiden HALIBUT REGULATORY AREA 4C Quinhagak ...... Native Village of Kwinhagak Scammon Bay ...... Native Village of Scammon Bay Shaktoolik ...... Native Village of Shaktoolik Place with Tribal Head- Organized Tribal Entity quarters Sheldon Point (Nuna Iqua) Native Village of Sheldon’s Point . Shishmaref ...... Native Village of Shishmaref St. George ...... Pribilof Islands Aleut Commu- Solomon ...... Village of Solomon St. Paul ...... nities of St. Paul Island and St. George Island South Naknek ...... South Naknek Village St. Michael ...... Native Village of Saint Michael Stebbins ...... Stebbins Community Associa- HALIBUT REGULATORY AREA 4D tion Teller ...... Native Village of Mary’s Igloo Place with Tribal Head- Organized Tribal Entity Native Village of Teller quarters Togiak ...... Traditional Village of Togiak Toksook Bay ...... Native Village of Toksook Bay Gambell ...... Native Village of Gambell Savoonga ...... Native Village of Savoonga Tuntutuliak ...... Native Village of Tuntutuliak Diomede (Inalik)...... Native Village of Diomede Tununak ...... Native Village of Tununak (Inalik) Twin Hills ...... Twin Hills Village Ugashik ...... Ugashik Village Unalakleet ...... Native Village of Unalakleet HALIBUT REGULATORY AREA 4E Wales ...... Native Village of Wales White Mountain ...... Native Village of White Moun- Place with Tribal Head- tain quarters Organized Tribal Entity

Alakanuk ...... Village of Alakanuk (h) Limitations on subsistence fishing. Aleknagik ...... Native Village of Aleknagik Subsistence fishing for halibut may be Bethel ...... Orutsararmuit Native Village Brevig Mission ...... Native Village of Brevig Mission conducted only by persons who qualify Chefornak ...... Village of Chefornak for such fishing pursuant to paragraph Chevak ...... Chevak Native Village (g) of this section and who hold a valid Clark’s Point ...... Village of Clark’s Point subsistence halibut registration certifi- Council ...... Native Village of Council Dillingham ...... Native Village of Dillingham cate in that person’s name issued by Native Village of Ekuk NMFS pursuant to paragraph (i) of this Native Village of Kanakanak section, provided that such fishing is Eek ...... Native Village of Eek Egegik ...... Egegik Village consistent with the following limita- Elim ...... Native Village of Elim tions. Emmonak ...... Chuloonawick Native Village (1) Subsistence fishing is limited to Emmonak Village Golovin ...... Chinik Eskimo Community setline gear and hand-held gear, includ- Goodnews Bay ...... Native Village of Goodnews Bay ing longline, handline, rod and reel, Hooper Bay ...... Native Village of Hooper Bay spear, jig and hand-troll gear. Native Village of Paimiut King Salmon ...... King Salmon Tribal Council (i) Subsistence fishing gear set or re- Kipnuk ...... Native Village of Kipnuk trieved from a vessel while engaged in Kongiganak ...... Native Village of Kongiganak subsistence fishing for halibut must Kotlik ...... Native Village of Hamilton not have more than the allowable num- Village of Bill Moore’s Slough Village of Kotlik ber of hooks per vessel, or per person Koyuk ...... Native Village of Koyuk registered in accordance with para- Kwigillingok ...... Native Village of Kwigillingok graph (i) of this section and aboard the Levelock ...... Levelock Village Manokotak ...... Manokotak Village vessel, whichever is less, according to Mekoryak ...... Native Village of Mekoryak the regulatory area and permit type in- Naknek ...... Naknek Native Village dicated in the following table:

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Regulatory Area Permit Type Gear Restrictions Regulatory Area Permit Type Gear Restrictions

2C--Except Sitka SHARC 30 hooks per ves- Ceremonial Per- 30 hooks per per- Sound, and sel mit son onboard up to Ketchikan and Ju- 90 hooks per ves- neau non-subsist- sel ence marine waters areas Educational Per- 30 hooks per permit son onboard up to Ceremonial Per- 30 hooks per ves- 90 hooks per ves- mit sel sel

Educational Per- 30 hooks per ves- Community Har- 30 hooks per permit sel vest Permit son onboard up to 90 hooks per vessel Community Har- 30 hooks per per- vest Permit son onboard up to 3A--Chiniak Bay SHARC 30 hooks per per- 90 hooks per ves- son onboard up to sel 60 hooks per vessel 2C--Sitka Sound SHARC September 1 through May 31: Ceremonial Per- 30 hooks per per- 30 hooks per ves- mit son onboard up to sel 90 hooks per vessel June 1 through August 31: 15 Educational Per- 30 hooks per per- hooks per vessel; mit son onboard up to no power hauling 90 hooks per vessel Ceremonial Per- September 1 mit through May 31: Community Har- 30 hooks per per- 30 hooks per ves- vest Permit son onboard up to sel 90 hooks per vessel June 1 through August 31: fishing 3A--Anchorage- SHARC general subsist- under Ceremonial Matsu-Kenai and ence halibut fish- Permit not al- Valdez non-sub- ing not allowed lowed sistence marine waters areas Educational Per- 30 hooks per ves- mit sel Ceremonial Per- 30 hooks per permit son onboard up to Community Har- fishing under 90 hooks per ves- vest Permit Community Har- sel vest Permit not allowed Educational Per- 30 hooks per permit son onboard up to 2C--Ketchikan SHARC general subsist- 90 hooks per ves- and Juneau non- ence halibut fish- sel subsistence ma- ing not allowed Community Har- fishing under rine waters areas vest Permit Community Har- vest Permit not al- Ceremonial Per- 30 hooks per ves- lowed mit sel 3B SHARC 30 hooks per per- Educational Per- 30 hooks per ves- son onboard up to mit sel 90 hooks per vessel Community Har- fishing under vest Permit Community Har- 4A and 4B SHARC 30 hooks per per- vest Permit not al- son onboard up to lowed 90 hooks per vessel 3A--Except SHARC 30 hooks per per- Chiniak Bay, and son onboard up to 4C, 4D, and 4E SHARC no hook limit Anchorage-Matsu- 90 hooks per ves- Kenai and Valdez sel (ii) All setline gear marker buoys non-subsistence marine waters carried on board or used by any vessel areas regulated under this section shall be marked with the following: first initial, last name, and address (street,

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city, and state), followed by the letter Regulatory Area Permit Type Retention Limits ‘‘S’’ to indicate that it is used to har- Ceremonial Permit 25 halibut per vest subsistence halibut. permit (iii) Markings on setline marker buoys shall be in characters at least 4 Educational Per- 25 halibut per inches (10.16 cm) in height and 0.5 inch mit permit (1.27 cm) in width in a contrasting Community Har- fishing under color visible above the water line and vest Permit Community Har- vest Permit not shall be maintained so the markings allowed are clearly visible. (2) The retention of subsistence hal- 3A--Including SHARC 20 halibut per Chiniak Bay, but person per day ibut is limited per person eligible to excluding Anchor- and in posses- conduct subsistence fishing for halibut age-Matsu-Kenai sion and onboard the vessel according to the and Valdez non- subsistence ma- following table: rine waters areas

Regulatory Area Permit Type Retention Limits Ceremonial Permit 25 halibut per permit 2C--Except Sitka SHARC 20 halibut per Sound, and day per vessel Educational Per- 25 halibut per Ketchikan and Ju- and in posses- mit permit neau non-subsist- sion ence marine wa- Community Har- no daily or pos- ters areas vest Permit session limit

Ceremonial Permit 25 halibut per 3A--Anchorage- SHARC general subsist- permit Matsu-Kenai and ence halibut fish- Valdez non-sub- ing not allowed Educational Per- 25 halibut per sistence marine mit permit waters areas

Community Har- no daily or pos- Ceremonial Permit 25 halibut per vest Permit session limit permit

2C--Sitka Sound SHARC September 1 Educational Per- 25 halibut per through May 31: mit permit 10 halibut per Community Har- fishing under day per vessel vest Permit Community Har- and in posses- vest Permit not sion allowed June 1 through 3B SHARC 20 halibut per August 31: 5 hal- person per day ibut per day per and in posses- vessel and in sion possession 4A and 4B SHARC 20 halibut per Ceremonial Permit September 1 person per day; through May 31: no possession 25 halibut per limit permit 4C, 4D, and 4E SHARC no daily or pos- June 1 through session limit August 31: fishing under Ceremonial Permit not al- (3) Subsistence fishing may be con- lowed ducted in any waters in and off Alaska except for the following four non-rural Educational Per- 25 halibut per areas defined as follows: mit permit (i) Ketchikan non-subsistence marine Community Har- fishing under waters area in Commission regulatory vest Permit Community Har- area 2C (see Figure 2 to subpart E) is vest Permit not defined as those waters between a line allowed from Caamano Point at 55°29.90′ N. lat., 2C--Ketchikan SHARC general subsist- 131°58.25′ W. long. to Point Higgins at and Juneau non- ence halibut fish- 55°27.42′ N. lat., 131°50.00′ W. long. and a subsistence ma- ing not allowed ° ′ ° ′ rine waters areas point at 55 11.78 N. lat., 131 05.13 W. long., located on Point Sykes to a

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point at 55°12.22′ N. lat., 131°05.70′ W. (iv) Valdez non-subsistence marine wa- long., located one-half mile northwest ters area Commission regulatory area 3A of Point Sykes to Point Alava at (see Figure 5 to subpart E) is defined as 55°11.54′ N. lat., 131°11.00′ W. long. and the waters of Port Valdez and Valdez within one mile of the mainland and Arm located north of 61°02.24′ N. lat., the Gravina and Revillagigedo Island and east of 146°43.80′ W. long. shorelines, including within one mile (4) Waters in and off Alaska that are of the Cleveland Peninsula shoreline not specifically identified as non-rural and east of the longitude of Niblack in paragraph (h)(3) of this section are ° ′ Point at 132 07.23 W. long., and north rural for purposes of subsistence fish- of the latitude of the southernmost tip ing for halibut. Subsistence fishing of Mary Island at 55°02.66′ N. lat.; may be conducted in any rural area by (ii) Juneau non-subsistence marine waters area in Commission regulatory area any person with a valid subsistence 2C (see Figure 3 to subpart E) is defined halibut registration certificate in his as those waters of Stephens Passage or her name issued by NMFS under and contiguous waters north of the paragraph (i) of this section, except latitude of Midway Island Light that: (57°50.21′ N. lat.), including the waters (i) A person who is not a rural resi- of Taku Inlet, Port Snettisham, Sagi- dent but who is a member of an Alaska naw Channel, and Favorite Channel, Native tribe that is located in a rural and those waters of Lynn Canal and area and that is listed in the table in contiguous waters south of the latitude paragraph (g)(2) of this section is lim- of the northernmost entrance of ited to conducting subsistence fishing Berners Bay (58°43.07′ N. lat.), including for halibut only in his or her area of the waters of Berners Bay and Echo tribal membership. Cove, and those waters of Chatham (ii) A person who is a resident outside Strait and contiguous waters north of the State of Alaska but who is a mem- ° ′ the latitude of Point Marsden (58 03.42 ber of an Alaska Native tribe that is lo- N. lat.), and east of a line from Point cated in a rural area and that is listed ° ′ ° ′ Couverden at 58 11.38 N. lat., 135 03.40 in the table in paragraph (g)(2) of this W. long., to Point Augusta at 58°02.38′ section is limited to conducting sub- N. lat., 134°57.11′ W. long.; sistence fishing for halibut only in his (iii) The Anchorage-Matsu-Kenai or her area of tribal membership. non-subsistence marine waters area in Commission Regulatory Area 3A (see (iii) For purposes of this paragraph, Figure 4 to subpart E) is defined as: ‘‘area of tribal membership’’ means (A) All waters of Cook Inlet north of rural areas of the Commission regu- a line extending from the westernmost latory area or the Bering Sea closed point of Hesketh Island at 59°30.40′ N. area in which the Alaska Native tribal lat., except those waters within mean headquarters is located. lower low tide from a point one mile (i) Subsistence registration. A person south of the southern edge of the must register as a subsistence halibut Chuitna River (61°05.00′ N. lat., 151°01.00′ fisher and possess a valid subsistence W. long.) south to the easternmost tip halibut registration certificate in his of Granite Point (61°01.00′ N. lat., or her name issued by NMFS before he 151°23.00′ W. long.) (Tyonek subdis- or she begins subsistence fishing for trict); and halibut in waters in and off Alaska. (B) All waters of Alaska south of (1) A subsistence halibut registration ° ′ 59 30.40 N. lat. on the western shore of certificate will be issued to any person ° ′ Cook Inlet to Cape Douglas (58 51.10 N. who registers according to paragraph lat.) and in the east to Cape Fairfield (i)(2) of this section and who is quali- (148°50.25′ W. long.), except those waters fied to conduct subsistence fishing for of Alaska west of a line from the east- halibut according to paragraph (g) of ernmost point of Jakolof Bay (151°31.90′ W. long.), and following the shore to a this section. The Alaska Region, line extending south from the eastern- NMFS, may enter into cooperative most point of Rocky Bay (151°18.41′ W. agreements with Alaska Native tribal long.); and governments or their representative

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organizations for purposes of identi- subsistence halibut under paragraph fying persons qualified to conduct sub- (g)(1) of this section, and sistence fishing for halibut according (ii) 4 years from the date of its to paragraph (g) of this section. issuance to a person eligible to harvest (2) Registration. To register as a sub- subsistence halibut under paragraph sistence halibut fisher, a person may (g)(2) of this section. request a cooperating Alaska Native (j) Community Harvest Permit (CHP). tribal government or other entity des- An Area 2C or Area 3A community or ignated by NMFS to submit an applica- Alaska Native tribe listed in para- tion on his or her behalf to the Alaska graphs (g)(1) or (g)(2) of this section Region, NMFS. Alternatively, a person may apply for a CHP, which allows a may apply by submitting a completed community or Alaska Native tribe to application to the Alaska Region, appoint one or more individuals from NMFS. Applications must be mailed to: its respective community or Alaska Restricted Access Management Pro- Native tribe to harvest subsistence hal- gram, NMFS, Alaska Region, PO Box ibut from a single vessel under reduced 21668, Juneau, AK 99802–1668. The fol- gear and harvest restrictions. The CHP lowing information is required to be consists of a harvest log and up to five submitted with the application: laminated permit cards. A CHP is a (i) For a Rural Resident Registra- permit subject to regulation under tion, the person must submit his or her § 679.4(a) of this title. full name, date of birth, mailing ad- (1) Qualifications. (i) NMFS may issue dress (number and street, city and a CHP to any community or Alaska state, zip code), community of resi- Native tribe that applies according to dence (the rural community or resi- paragraph (j)(2) of this section and that dence from 50 CFR 300.65(g)(1) that is qualified to conduct subsistence fish- qualifies the fisher as eligible to fish ing for halibut according to paragraph for subsistence halibut), daytime tele- (g) of this section. phone number, certification that he or (ii) NMFS will issue a CHP to a com- she is a ‘‘rural resident’’ as that term munity in Area 2C or Area 3A only if: is defined at § 300.61, and signature and (A) The applying community is listed date of signature. as eligible in Area 2C or Area 3A ac- (ii) For an Alaska Native Tribal Reg- cording to paragraph (g)(1) of this sec- istration, the person must submit his tion; and or her full name, date of birth, mailing address (number and street, city and (B) No Alaska Native tribe listed in state, zip code), Alaska Native tribe paragraph (g)(2) of this section exists (the name of the Alaska Native Tribe in that community. from 50 CFR 300.65(g)(2) that qualifies (iii) NMFS will issue a CHP to an the fisher as eligible to fish for subsist- Alaska Native tribe in Area 2C or Area ence halibut), daytime telephone num- 3A only if the applying tribe is listed as ber, certification that he or she is a eligible in Area 2C or Area 3A accord- member of an ‘‘Alaska Native tribe’’ as ing to paragraph (g)(2) of this section. that term is defined at § 300.61, and sig- (iv) Eligible communities or Alaska nature and date of signature. Native tribes may appoint only one (3) Expiration of registration. Each CHP Coordinator per community or subsistence halibut registration certifi- tribe. cate will be valid only for the period of (2) Application. A community or Alas- time specified on the certificate. A per- ka Native tribe may apply for a CHP son eligible to harvest subsistence hal- by submitting an application to the ibut under paragraph (g) of this section Alaska Region, NMFS. Applications may renew his or her registration cer- must be mailed to: Restricted Access tificate that is expired or will expire Management Program, NMFS, Alaska within 3 months by following the pro- Region, P.O. Box 21668, Juneau, AK cedures described in paragraph (i)(2) of 99802–1668. A complete application must this section. A subsistence halibut reg- include: istration certificate will expire: (i) The name of the community or (i) 2 years from the date of its Alaska Native tribe requesting the issuance to a person eligible to harvest CHP;

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(ii) The full name of the person who on the Community Harvest Permit har- is designated as the CHP Coordinator vest log when the CHP is issued to the for each community or Alaska Native designated harvesters; tribe, the designated CHP Coordina- (ii) The CHP remains in the posses- tor’s mailing address (number and sion of the CHP Coordinator or other street, city, state, and zip code), com- tribal or government authority when munity of residence (the rural commu- not in use and is issued to the des- nity or residence from paragraph (g)(1) ignated harvesters when necessary; and of this section) or the Alaska Native (iii) All required recordkeeping and tribe if applicable (as indicated in para- data reporting of subsistence harvests graph (g)(2) of this section), and the under the CHP are performed. daytime telephone number; and (6) Harvest log submission. Each Com- (iii) Any previously issued CHP har- munity Harvest Permit harvest log vest logs. must be submitted to NMFS on or be- (3) Restrictions. Subsistence fishing fore the date of expiration by facsimile for halibut under a CHP shall be valid or mail. Harvest logs must be mailed to only: RAM at the address given in paragraph (i) In Area 2C or Area 3A, except that (j)(2) of this section or faxed to 907–586– a CHP may not be used: 7354. The log must provide information (A) Within Sitka Sound as defined in on: paragraph (e)(1)(ii) of this section (see (i) The subsistence fisher’s identity Figure 1 to this subpart E); or including his or her full name, subsist- (B) Within the Ketchikan, Juneau, ence halibut registration certificate Anchorage–Matsu–Kenai, and Valdez non–subsistence marine waters areas as number, date of birth, mailing address defined in paragraph (h)(3) of this sec- (number and street, city, state, and zip tion (see Figures 2, 3, 4, and 5 to this code), community of residence, day- subpart E). time phone number, and tribal identity (ii) To persons in possession of a (if appropriate); and valid subsistence halibut registration (ii) The subsistence halibut harvest certificate issued in accordance with including whether the participant paragraph (i) of this section for the fished for subsistence halibut during same community or Alaska Native the period specified on the permit, and tribe listed on the CHP; if so, the date harvest occurred, the (iii) On a single vessel on which a number and weight (in pounds) of hal- CHP card is present; and ibut harvested, the type of gear and (iv) If subsistence fishing gear set or number of hooks used, the Commission retrieved from a vessel on which the regulatory area and local water body CHP card is present does not exceed from which the halibut were harvested, the restrictions of paragraph (h) of this and the number of lingcod and rockfish section. caught while subsistence fishing for (4) Expiration of permit. Each CHP will halibut. be valid only for the period of time (k) Ceremonial Permit or Educational specified on the permit. A CHP will ex- Permit. An Area 2C or Area 3A Alaska pire one year from the date of issuance Native tribe that is listed in paragraph to a community or Alaska Native tribe (g)(2) of this section may apply for a eligible to harvest halibut under para- Ceremonial or Educational Permit, al- graph (g) of this section. A community lowing the tribe to harvest up to 25 or Alaska Native tribe eligible to har- halibut per permit issued. The Ceremo- vest subsistence halibut under para- nial and Educational Permits each con- graph (g) of this section may renew its sist of a harvest log and a single lami- CHP that is expired or will expire with- nated permit card. Ceremonial and in three months by following the proce- Educational Permits are permits sub- dures described in paragraph (j)(2) of ject to regulation under § 679.4(a) of this section. this title. (5) Duties of the CHP coordinator. Each (1) Qualifications. (i) NMFS may issue CHP Coordinator must ensure: a Ceremonial or Educational Permit to (i) The designated harvesters who any Alaska Native tribe that completes may fish under the CHP are identified an application according to paragraph

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(k)(2) of this section and that is quali- (D) Describes minimum attendance fied to conduct subsistence fishing for requirements of the educational pro- halibut according to paragraph (g)(2) of gram; and this section. (E) Describes standards for the suc- (ii) Eligible Alaska Native tribes may cessful completion of the educational appoint only one Ceremonial Permit program. Coordinator per tribe. (3) Restrictions. Subsistence fishing (iii) Eligible educational programs for halibut under Ceremonial or Edu- may appoint only one authorized In- cational Permits shall be valid only: structor per Educational Permit. (i) In Area 3A, except: (2) Application. An Alaska Native (A) In the Anchorage–Matsu–Kenai tribe may apply for a Ceremonial or non–subsistence marine waters area de- Educational Permit by submitting an fined in paragraph (h)(3) of this section application to the Alaska Region, (see figure 4 to this subpart E), only NMFS. Applications must be mailed to: the following tribes may use a Ceremo- Restricted Access Management Pro- nial or Educational permit: gram, NMFS, Alaska Region, P.O. Box (1) Kenaitze Indian Tribe; 21668, Juneau, AK 99802–1668. (2) Seldovia Village Tribe; (i) A complete application must in- (3) Ninilchik Village; clude: (4) Native Village of Port Graham; (A) The name of the Alaska Native (5) Native Village of Nanwalek; and tribe requesting the Ceremonial or (6) Village of Salamatoff. Educational Permit; (B) In the Valdez non–subsistence (B) The name of the person des- marine waters area defined in para- ignated as the Ceremonial Permit Co- graph (h)(3) of this section (see figure 5 ordinator for each Alaska Native tribe to this subpart E), only the Native Vil- or the name of the person designated as lage of Tatitlek may use a Ceremonial the Instructor for an Educational Per- or Educational permit. mit, the Ceremonial Permit Coordi- (ii) In Area 2C, except: nator or Instructor’s mailing address (A) In the Ketchikan non–subsistence (number and street, city, state, and zip marine waters area defined in para- code), and the daytime telephone num- graph (h)(3) of this section (see figure 2 ber; to this subpart E), only the following tribes may use a Ceremonial or Edu- (C) Any previously issued Ceremonial cational permit: Permit harvest logs from any expired (1) Central Council of Tlingit/Haida Ceremonial Permit if applying for a Indians; Ceremonial Permit; and (2) Ketchikan Indian Corporation; (D) Any previously issued Edu- and cational Permit harvest logs from any (3) Organized Village of Saxman; expired Educational Permit if applying (B) In the Juneau non–subsistence for an Educational Permit. marine waters area defined in para- (ii) NMFS will issue a Ceremonial graph (h)(3) of this section (see figure 3 Permit for the harvest of halibut asso- to this subpart E), only the following ciated with traditional cultural events tribes may use a Ceremonial or Edu- only if the application: cational permit: (A) Indicates the occasion of cultural (1) Central Council of Tlingit/Haida or ceremonial significance; and Indians; (B) Identifies the person designated (2) Douglas Indian Association; and by the eligible Alaska Native tribe as (3) Aukquan Traditional Council. the Ceremonial Permit Coordinator. (C) A Ceremonial Permit may not be (iii) NMFS will issue an Educational used within Sitka Sound from June 1 Permit only if the application: through August 31; (A) Includes the name and address of (iii) On a single vessel on which the the educational institution or organi- Ceremonial or Educational Permit card zation; is present; (B) Includes the instructor’s name; (iv) On the vessel on which the in- (C) Demonstrates the enrollment of structor is present for Educational Per- qualified students; mits;

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(v) To persons in possession of a valid faxed to 907–586–7354. The log must pro- subsistence halibut registration certifi- vide information on: cate issued in accordance with para- (i) The subsistence fisher’s identity graph (i) of this section for the same including his or her full name, subsist- Alaska Native tribe listed on the Cere- ence halibut registration certificate monial or Educational Permit, except number if applicable (students do not that students enrolled in an edu- need a SHARC), date of birth, mailing cational program may fish under an address (number and street, city, state, Educational Permit without a subsist- and zip code), community of residence, ence halibut registration certificate; daytime phone number, and tribal and identity; (vi) If subsistence fishing gear set or (ii) The subsistence halibut harvest retrieved from a vessel on which the including whether the participant Ceremonial or Educational Permit card fished for subsistence halibut during is present does not exceed the restric- the period indicated on the permit, and tions of paragraph (h) of this section. if so, the date when harvest occurred, (4) Expiration of permits. Each Cere- the number and weight (in pounds) of monial or Educational Permit will be halibut harvested, the type of gear and valid only for the period of time speci- number of hooks used, the Commission fied on the permit. Ceremonial and regulatory area and local water body Educational Permits will expire 30 days from which the halibut were harvested, from the date of issuance to an Alaska and the number of lingcod and rockfish Native tribe eligible to harvest halibut caught while subsistence fishing for under paragraph (g)(2) of this section. halibut. A tribe eligible to harvest subsistence (l) Appeals. If Restricted Access Man- halibut under paragraph (g)(2) of this agement (RAM) determines that an ap- section may apply for additional Cere- plication is deficient, it will prepare monial or Educational Permits at any and send an Initial Administrative De- time. termination (IAD) to the applicant. (5) Duties of Ceremonial Permit Coordi- The IAD will indicate the deficiencies nators and Instructors. Each Ceremonial in the application or any additional provided information. An applicant Permit Coordinator or Instructor must who receives an IAD may appeal RAM’s ensure: findings pursuant to § 679.43 of this (i) The designated harvesters or stu- title. dents who may fish under the Ceremo- nial or Educational Permit are identi- [68 FR 18156, Apr. 15, 2003, as amended at 68 fied on the Ceremonial/Educational FR 47264, Aug. 8, 2003; 70 FR 16751, Apr. 1, Permit harvest log when the permit is 2005; 70 FR 41160, July 18, 2005; 71 FR 38298, used; July 6, 2006; 72 FR 30727, June 4, 2007; 72 FR 67669, Nov. 30, 2007; 72 FR 68762, Dec. 6, 2007; (ii) The Ceremonial Permit remains 73 FR 30504, May 28, 2008; 73 FR 30523, May 28, in the possession of the Ceremonial 2008; 73 FR 52797, Sept. 11, 2008; 73 FR 54939, Permit Coordinator or other tribal au- Sept. 24, 2008; 73 FR 72738, Dec. 1, 2008; 74 FR thority when not in use and is issued to 21227, May 6, 2009] designated harvesters when necessary; and § 300.66 Prohibitions. (iii) All required recordkeeping and In addition to the general prohibi- data reporting of subsistence harvests tions specified in 50 CFR 300.4, it is un- under the Ceremonial or Educational lawful for any person to do any of the Permit are performed. following: (6) Harvest log submission. Submission (a) Fish for halibut except in accord- of a Ceremonial or Educational Permit ance with the annual management log shall be required upon the expira- measures published pursuant to 50 CFR tion of each permit and must be re- 300.62. ceived by Restricted Access Manage- (b) Fish for halibut except in accord- ment within 15 days of the expiration ance with the catch sharing plans and by facsimile or mail. Harvest logs must domestic management measures imple- be mailed to RAM at the address given mented under 50 CFR 300.63 and 50 CFR in paragraph (k)(2) of this section or 300.65.

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(c) Fish for halibut in Sitka Sound in registration, or the owner’s immediate violation of the Sitka Sound LAMP family is aboard the charter vessel and implemented under 50 CFR 300.65(e). unless each person engaging in subsist- (d) Fish for halibut or anchor a vessel ence fishing onboard the charter vessel with halibut on board within the Sitka holds a subsistence halibut registration Pinnacles Marine Reserve defined at 50 certificate in the person’s name pursu- CFR 300.65(f). ant to § 300.65(i) and complies with the (e) Fish for subsistence halibut in gear and harvest restrictions found at and off Alaska unless the person is § 300.65(h). qualified to do so under § 300.65(g), pos- (j) Retain or possess subsistence hal- sesses a valid subsistence halibut reg- ibut for commercial purposes; cause istration certificate pursuant to subsistence halibut to be sold, § 300.65(i), and makes this certificate bartered, or otherwise entered into available for inspection by an author- commerce; or solicit exchange of sub- ized officer on request, except that stu- sistence halibut for commercial pur- dents enrolled in a valid educational poses, except that a person who quali- program and fishing under an Edu- fied to conduct subsistence fishing for cational Permit issued pursuant to halibut under § 300.65(g), and who holds § 300.65(k) do not need a subsistence a subsistence halibut registration cer- halibut registration certificate. tificate in the person’s name under (f) Fish for subsistence halibut in and § 300.65(i), may be reimbursed for the off Alaska with gear other than that expense of fishing for subsistence hal- described at 50 CFR 300.65(h)(1) and re- ibut under the following conditions: tain more halibut than specified at 50 (1) Persons who qualify as rural resi- CFR 300.65(h)(2). dents under § 300.65(g)(1) and hold a sub- (g) Fish for subsistence halibut in sistence halibut registration certifi- and off Alaska in a non-rural area spec- cate in the persons’s name under ified at 50 CFR 300.65(h)(3). § 300.65(i) may be reimbursed for actual (h) Retain on board the harvesting expenses for ice, bait, food, and fuel di- vessel halibut harvested while subsist- rectly related to subsistence fishing for ence fishing with halibut harvested halibut, by residents of the same rural while commercial fishing or from sport community listed on the person’s sub- fishing, as defined at § 300.61, except sistence halibut registration applica- that persons authorized to conduct tion; or subsistence fishing under § 300.65(g), (2) Persons who qualify as Alaska Na- and who land their total annual har- tive tribal members under § 300.65(g)(2) vest of halibut: and hold a subsistence halibut registra- (1) In Commission regulatory Areas tion certificate in the person’s name 4D or 4E may retain, with harvests of under § 300.65(i) may be reimbursed for Community Development Quota (CDQ) ice, bait, food, and fuel directly related halibut, subsistence halibut harvested to subsistence fishing for halibut, by in Commission regulatory areas 4D or any Alaska Native tribe, or its mem- 4E that are smaller than the size limit bers, or residents of the same rural specified in the annual management community listed on the person’s sub- measures published pursuant to § 300.62; sistence halibut registration applica- or tion. (2) In Commission regulatory Areas (k) Retain subsistence halibut har- 4C, 4D or 4E may retain, with harvests vested under a CHP, Ceremonial Per- of CDQ halibut, subsistence halibut mit, or Educational Permit together in harvested in Commission regulatory any combination or with halibut har- areas 4C, 4D or 4E that are equal to or vested under any other license or per- greater than the size limit specified in mit. the annual management measures pub- (l) Fillet, mutilate, or otherwise dis- lished pursuant to § 300.62. figure subsistence halibut in any man- (i) Fish for subsistence halibut from ner that prevents the determination of a charter vessel or retain subsistence the number of fish caught, possessed, halibut onboard a charter vessel if any- or landed. one other than the owner of record, as (m) Exceed any of the harvest or gear indicated on the State of Alaska vessel limitations specified at § 300.65(d).

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(n) Transfer subsistence halibut to cense, permit, license, or Alaska De- charter vessel anglers. partment of Fish and Game Saltwater (o) Fail to comply with the require- Sport Fishing Charter Trip logbook ments at § 300.65(d). upon the request of an authorized offi- (p) Fail to submit or submit inac- cer. curate information on any report, li- [68 FR 18156, Apr. 15, 2003, as amended at 70 cense, catch card, application or state- FR 16754, Apr. 1, 2005; 72 FR 30728, June 4, ment required under § 300.65. 2007; 72 FR 67669, Nov. 30, 2007; 73 FR 30524, (q) Refuse to present valid identifica- May 28, 2008; 73 FR 52797, Sept. 11, 2008; 73 FR tion, U.S. Coast Guard operator’s li- 54942, Sept. 24, 2008; 74 FR 21228, May 6, 2009]

FIGURE 1 TO SUBPART E OF PART 300—SITKA LOCAL AREA MANAGEMENT PLAN

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FIGURE 2 TO SUBPART E OF PART 300—KETCHIKAN NON-RURAL AREA

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FIGURE 3 TO SUBPART E OF PART 300—JUNEAU NON-RURAL AREA

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FIGURE 4 TO SUBPART E OF PART 300—ANCHORAGE-MATSU-KENAI NON-RURAL AREA

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FIGURE 5 TO SUBPART E OF PART 300—VALDEZ NON-RURAL AREA

[64 FR 52471, Sept. 29, 1999; 66 FR 36208, July 11, 2001, as amended at 68 FR 23361, May 1, 2003; 70 FR 41160, July 18, 2005]

Subpart F—Fraser River Sockeye Treaty, the terms used in this subpart and Pink Salmon Fisheries have the following meanings. If a term is defined differently in § 300.2, the Act, or the Treaty, the definition in this AUTHORITY: Pacific Salmon Treaty Act, 16 U.S.C. 3636(b). section shall apply. All-citizen means any person who is § 300.90 Purpose and scope. not a treaty Indian fishing in that This subpart implements the Pacific treaty Indian’s tribal treaty fishing Salmon Treaty Act of 1985 (16 U.S.C. places pursuant to treaty Indian tribal 3631–3644) (Act) and is intended to sup- fishing regulations (whether in compli- plement, not conflict with, the fishery ance with such regulations or not). regimes and Fraser River Panel regula- Authorized officer means, in addition tions adopted under the Treaty be- to those individuals identified under tween the Government of the United authorized officer at § 300.2, any state, States of America and the Government Federal, or other officer as may be au- of Canada Concerning Pacific Salmon, thorized by the Secretary in writing, signed at Ottawa, January 28, 1985 including any treaty Indian tribal en- (Treaty). forcement officer authorized to enforce tribal fishing regulations. § 300.91 Definitions. Commission means the Pacific Salmon In addition to the terms defined in Commission established by the Pacific § 300.2 and those in the Act and the Salmon Treaty.

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Consistent regulation or consistent straight line drawn from Amphitrite order means any Federal, state, or trea- Point to Cape Beale and all the waters ty Indian tribal regulation or order of Nitinat Lake and the entrance that is in addition to and not in con- thereto. flict with (at least as restrictive as) (2) The waters included within the any regime of the Commission, Fraser following boundaries: Beginning at River Panel regulation, inseason order Bonilla Point, Vancouver Island, of the Secretary, or these regulations. thence along the aforesaid direct line Fishing gear— drawn from Bonilla Point to Tatoosh (1) Gill net means a fishing net of sin- Lighthouse, Washington, described in gle web construction, not anchored, paragraph (1) of this definition, thence tied, staked, placed, or weighted in to the nearest point of Cape Flattery, such a manner that it cannot drift. thence following the southerly shore of (2) Purse seine means all types of fish- Juan de Fuca Strait to Point Wilson, ing gear consisting of a lead line, cork on Whidbey Island, thence following line, auxiliary lines, purse line and the western shore of the said Whidbey purse rings and of mesh net webbing Island, to the entrance to Deception fashioned in such a manner that it is Pass, thence across said entrance to used to encircle fish, and in addition the southern side of Reservation Bay, prevent their escape under the bottom on Fidalgo Island, thence following the or lead line of the net by drawing in western and northern shore line of the the bottom of the net by means of the said Fidalgo Island to Swinomish purse line so that it forms a closed bag. Slough, crossing the said Swinomish (3) Reef net means a non-self-fishing Slough, in line with the track of the open bunt square or rectangular sec- Great Northern Railway (Burlington tion of mesh netting suspended be- Northern Railroad), thence northerly tween two anchored boats fashioned in following the shoreline of the mainland such a manner that to impound salmon to Atkinson Point at the northerly en- passing over the net, the net must be trance to Burrard Inlet, British Colum- raised to the surface. bia, thence in a straight line to the (4) Troll fishing gear means one or southern end of Bowen Island, then more lines that drag hooks with bait or westerly following the southern shore lures behind a moving fishing vessel. of Bowen Island to Cape Roger Curtis, (5) Treaty Indian fishing gear means thence in a straight line to Gower fishing gear defined authorized, and Point, thence westerly following the identified under treaty Indian tribal shoreline to Welcome Point on Sechelt laws and regulations in accordance Peninsula, thence in a straight line to with the requirements of Final Deci- Point Young on Lasqueti Island, sion No. 1 and subsequent orders in thence in a straight line to Dorcas United States v. Washington, 384 F. Point on Vancouver Island, thence fol- Supp. 312 (W.D. Wash., 1974). lowing the eastern and southern shores Fraser River Panel means the Fraser of the said Vancouver Island, to the River Panel established by the Pacific starting point at Bonilla Point, as Salmon Treaty. shown on the British Admiralty Chart Fraser River Panel Area (U.S.) means Number 579, and on the U.S. Coast and the United States’ portion of the Fra- Geodetic Survey Chart Number 6300, as ser River Panel Area specified in Annex corrected to March 14, 1930, copies of II of the Treaty as follows: which are annexed to the 1930 Conven- (1) The territorial water and the high tion between Canada and the United seas westward from the western coast States of America for Protection, Pres- of Canada and the United States of ervation, and Extension of the Sockeye America and from a direct line drawn Salmon Fishery in the Fraser River from Bonilla Point, Vancouver Island, System as amended, signed May 26, to the lighthouse of Tatoosh Island, 1930. [Note: U.S. Coast and Geodetic Washington—which line marks the en- Survey Chart Number 6300 has been re- trance of Juan de Fuca Strait—and em- placed and updated by NOAA Chart braced between 48° and 49° N. lat., ex- Number 18400.] cepting therefrom, however, all the wa- (3) The Fraser River and the streams ters of Barkley Sound, eastward of a and lakes tributary thereto.

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(4) The Fraser River Panel Area of Washington or of a treaty Indian (U.S.) includes Puget Sound Manage- tribe with treaty fishing rights in the ment and Catch Reporting Areas 4B, 5, Fraser River Panel Area (U.S.) will 6, 6A, 6B, 6C, 6D, 7, 7A, 7B, 7C, 7D, and continue to have force and effect in the 7E as defined in the Washington State Fraser River Panel Area (U.S.) with re- Administrative Code at Chapter 220–22 spect to fishing activities addressed as of June 27, 1986. herein. Fraser River Panel regulations means (b) Any person fishing subject to this regulations applicable to the Fraser subpart is bound by the international River Panel Area that are rec- boundaries now recognized by the ommended by the Commission (on the United States within the Fraser River basis of proposals made by the Fraser Panel Area (U.S.) described in § 300.91, River Panel) and approved by the Sec- notwithstanding any dispute or nego- retary of State. tiation between the United States and Mesh size means the distance between Canada regarding their respective ju- the inside of one knot to the outside of risdictions, until such time as different the opposite (vertical) knot in one boundaries are published by the United mesh of a net. States. Pink salmon means Oncorhynchus (c) Any person fishing in the Fraser gorbuscha. River Panel Area (U.S.) who also fishes Sockeye salmon means the anad- for groundfish in the EEZ should con- romous form of Oncorhynchus nerka. sult Federal regulations at part 663 of Treaty fishing places (of an Indian this title for applicable requirements, tribe) means locations within the Fra- including the requirement that vessels ser River Panel Area (U.S.) as deter- engaged in commercial fishing for mined in or in accordance with Final groundfish (except commercial pas- Decision No. 1 and subsequent orders in senger vessels) have vessel identifica- United States v. Washington, 384 F. tion in accordance with § 663.6. Federal Supp. 312 (W.D. Wash. 1974), to be regulations governing salmon fishing places at which that treaty Indian in the EEZ, which includes a portion of tribe may take fish under rights se- the Fraser River Panel Area (U.S.), are cured by treaty with the United States. Treaty Indian means any member of a at part 661 of this title. Annual regu- treaty Indian tribe whose treaty fish- latory modifications are published in ing place is in the Fraser River Panel the FEDERAL REGISTER. Area (U.S.) or any assistant to a treaty (d) Except as otherwise provided in Indian authorized to assist in accord- this subpart, general provisions gov- ance with § 300.95(d). erning off-reservation fishing by treaty Treaty Indian tribe means any of the Indians are found at 25 CFR part 249, federally recognized Indian tribes of subpart A. Additional general and spe- the State of Washington having fishing cific provisions governing treaty In- rights secured by treaty with the dian fisheries are found in regulations United States to fish for salmon stocks and laws promulgated by each treaty subject to the Pacific Salmon Treaty Indian tribe for fishermen fishing pur- in treaty fishing places within the Fra- suant to tribal authorization. ser River Panel Area (U.S.). Currently (e) Nothing in this subpart relieves a these tribes are the Makah, Tribe, person from any other applicable re- Lower Elwha Klallam Tribe, Port Gam- quirements lawfully imposed by the ble Klallam Tribe, Jamestown Klallam United States, the State of Wash- Tribe, Suquamish Tribe, Lummi Tribe, ington, or a treaty Indian tribe. Nooksack Tribe, the Swinomish Indian Tribal Community, and the Tulalip § 300.93 Reporting requirements. Tribe. Any person fishing for sockeye or pink salmon within the Fraser River § 300.92 Relation to other laws. Panel Area (U.S.) and any person re- (a) Insofar as they are consistent ceiving or purchasing fish caught by with this part, any other applicable such persons are subject to State of Federal law or regulation, or any appli- Washington reporting requirements at cable law and regulations of the State Washington Administrative Code,

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Chapter 220–69. Treaty Indian fisher- wire tag has been implanted in the men are subject also to tribal reporting head of the fish. requirements. No separate Federal re- (2) Fail to permit an authorized offi- ports are required. cer to inspect a record or report required by the State of Washington or § 300.94 Prohibitions and restrictions. treaty Indian tribal authority. In addition to the prohibitions in (c) Notwithstanding paragraph (a) of § 300.4, the following prohibitions and this section, nothing in this subpart restrictions apply. will be construed to prohibit the reten- (a) In addition to the prohibited acts tion of sockeye or pink salmon caught set forth in the Act at 16 U.S.C. 3637(a), by any person while lawfully engaged the following restrictions apply to in a fishery for subsistence or ceremo- sockeye and pink salmon fishing in the nial purposes pursuant to treaty Indian Fraser River Panel Area (U.S.): tribal regulations, for recreational pur- (1) The Fraser River Panel Area poses pursuant to recreational fishing (U.S.) is closed to sockeye and pink regulations promulgated by the State salmon fishing, unless opened by Fra- of Washington, or as otherwise author- ser River Panel regulations or by ized by treaty Indian tribal or State of inseason orders of the Secretary issued Washington law or regulation, provided under § 300.97 that give effect to orders that such treaty Indian tribal or State of the Fraser River Panel, unless such regulation is consistent with U.S.-ap- orders are determined not to be con- proved Commission fishery regimes, sistent with domestic legal obligations. Fraser River Panel regulations, or Such regulations and inseason orders inseason orders of the Secretary appli- may be further implemented by regula- cable to fishing in the Fraser River tions promulgated by the United Panel Area (U.S.). States, the State of Washington, or (d) The following types of fishing any treaty Indian tribe, which are also gear are authorized, subject to the re- consistent with domestic legal obliga- strictions set forth in this subpart and tions. according to the times and areas estab- (2) It is unlawful for any person or lished by Fraser River Panel regula- fishing vessel subject to the jurisdic- tions or inseason orders of the Sec- tion of the United States to fish for, or retary: take and retain, any sockeye or pink (1) All citizens: Gill net, purse seine, salmon: reef net, and troll fishing gear. Specific (i) Except during times or in areas restrictions on all citizens gear are that are opened by Fraser River Panel contained in the Washington State Ad- regulations or by inseason order, ex- ministrative Code of Chapter 220–47. cept that this provision will not pro- (2) Treaty Indians: Treaty Indian hibit the direct transport of legally fishing gear. caught sockeye or pink salmon to off- (e) Geographic descriptions of Puget loading areas. Sound Salmon Management and Catch (ii) By means of gear or methods not Reporting Areas, which are referenced authorized by Fraser River Panel regu- in the Commission’s regimes, Fraser lations, inseason orders, or other appli- River Panel regulations, and in cable Federal, state, or treaty Indian inseason orders of the Secretary, are tribal law. found in the Washington State Admin- (iii) In violation of any applicable istrative Code at Chapter 220–22. area, season, species, zone, gear, or mesh size restriction. § 300.95 Treaty Indian fisheries. (b) It is unlawful for any person or (a) Any treaty Indian must comply fishing vessel subject to the jurisdic- with this section when fishing for sock- tion of the United States to— eye and pink salmon at the treaty In- (1) Remove the head of any sockeye dian tribe’s treaty fishing places in the or pink salmon caught in the Fraser Fraser River Panel Area (U.S.) during River Panel Area (U.S.), or possess a the time the Commission or the Sec- salmon with the head removed, if that retary exercises jurisdiction over these salmon has been marked by removal of fisheries. Fishing by a treaty Indian the adipose fin to indicate that a coded outside the applicable Indian tribe’s

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treaty fishing places will be subject to Washington in United States v. Wash- the Fraser River Panel regulations and ington, 384 F. Supp. 312 (W.D. Wash., inseason orders applicable to all citi- 1974). For purposes of this section, the zens, as well as to the restrictions set treaty Indian tribal member whom the forth in this section. assistant is authorized to assist must (b) Nothing in this section will re- be present aboard the fishing vessel at lieve a treaty Indian from any applica- all times while engaged in the exercise ble law or regulation imposed by a of treaty Indian fishing rights subject treaty Indian tribe, or from require- to this subpart. ments lawfully imposed by the United (2) No treaty Indian may, while fish- States or the State of Washington in ing at a treaty fishing place in accord- accordance with the requirements of ance with treaty-secured fishing rights, Final Decision No. 1 and subsequent or- permit any person 16 years of age or ders in United States v. Washington, 384 older other than the authorized holder F. Supp. 312 (W.D. Wash., 1974). of a currently valid identification card (c) Identification. (1) Any treaty In- issued in accordance with the require- dian fishing under the authority of this ments of paragraphs (c) (1) and (2) of subpart must have in his or her posses- this section to fish for said treaty In- sion at all times while fishing or en- dian, assist said treaty Indian in fish- gaged in any activity related to fishing ing, or use any gear or fishing location the treaty Indian identification re- identified as said treaty Indian’s gear quired by 25 CFR 249.3 or by applicable or location. tribal law. (3) Treaty Indians are prohibited (2) Any person assisting a treaty In- from participating in a treaty Indian dian under the authority of paragraph fishery under this section at any time (d) of this section must have in his or persons who are not treaty Indians are her possession at all such times a valid aboard the fishing vessel or in contact identification card issued by the Bu- with fishing gear operated from the reau of Indian Affairs or by a treaty In- fishing vessel, unless such persons are dian tribe, identifying the holder as a authorized employees or officers of a person qualified to assist a treaty In- treaty Indian tribe or tribal fisheries dian. The identification card must in- management organization, the North- clude the name of the issuing tribe, the west Indian Fisheries Commission, the name, address, date of birth, and pho- Commission, or a fisheries manage- tograph of the assistant, and the name ment agency of the United States or and identification number of the treaty the State of Washington. Indian whom the assistant is authorized to assist. § 300.96 Penalties. (3) Identification described in paragraph (c) (1) or (2) of this section must Any treaty Indian who commits any be shown on demand to an authorized act that is unlawful under this subpart officer by the treaty Indian or author- normally will be referred to the appli- ized assistant. cable tribe for prosecution and punish- (4) Any treaty Indian fishing under ment. If such tribe fails to prosecute this subpart must comply with the such persons in a diligent manner for treaty Indian vessel and gear identi- the offense(s) referred to the tribe, or if fication requirements of Final Decision other good cause exists, such treaty In- No. 1 and subsequent orders in United dian may be subject to the penalties States v. Washington, 384 F. Supp. 312 and procedures described in the Magnu- (W.D. Wash., 1974). son Act. (d) Fishing assistance. (1) Any member of a treaty Indian tribe fishing under § 300.97 Inseason orders. this subpart may, if authorized by the (a) During the fishing season, the treaty Indian’s tribe, receive fishing Secretary may issue orders that estab- assistance from, and only from, the lish fishing times and areas consistent treaty Indian tribal member’s spouse, with the annual Commission regime forebears, children, grandchildren, and and inseason orders of the Fraser River siblings, as authorized by the U.S. Dis- Panel. Inseason orders will be con- trict Court for the Western District of sistent with domestic legal obligations.

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Violation of such inseason orders is § 300.101 Definitions. violation of this subpart. In addition to the terms defined in (b) Notice of inseason orders. (1) Offi- § 300.2, in the Act, and in the Conven- cial notice of such inseason orders is tion on the Conservation of Antarctic available from NMFS (for orders appli- Marine Living Resources, done at Can- cable to all-citizen fisheries) and from berra, Australia, May 7, 1980 (Conven- the Northwest Indian Fisheries Com- tion). Convention, the terms used in mission (for orders applicable to treaty this subpart have the following mean- Indian fisheries) through Area Code 206 ings. If a term is defined differently in toll-free telephone hotlines. All-citizen § 300.2, such Act, or such Convention, fisheries: the hotline telephone number the definition in this section shall is published in the inseason notice pro- apply. cedures section of the annual manage- ACA means the Antarctic Conserva- ment measures for West Coast Salmon tion Act of 1978 (16 U.S.C. 2401 et seq.). Fisheries, published in the FEDERAL Antarctic convergence means a line REGISTER; Treaty Indian fisheries hot- joining the following points along the line: 1–800–562–6142. parallels of latitude and meridians of (2) Notice of inseason orders of the longitude: Secretary and other applicable tribal Lat. Long. regulations may be published and re- 50° S. 0. leased according to tribal procedures in 50° S. 30° E. accordance with Final Decision No. 1 45° S. 30° E. and subsequent orders in United States 45° S. 80° E. v. Washington, 384 F. Supp. 312 (W.D. 55° S. 80° E. ° ° Wash., 1974). 55 S. 150 E. 60° S. 150° E. (3) Inseason orders may also be com- 60° S. 50° W. municated through news releases to 50° S. 50° W. radio and television stations and news- 50° S. 0. papers in the Fraser River Panel Area (U.S.). Antarctic finfishes include the fol- (4) Inseason orders of the Secretary lowing: will also be published in the FEDERAL Scientific name Common name REGISTER as soon as practicable after they are issued. Gobionotothen gibberifrons ... Humped rockcod. Notothenia rossii ...... Marbled rockcod. [61 FR 35550, July 5, 1996, as amended at 74 Lepidorhirus squamifrons ...... Grey rockcod. FR 44771, Aug. 31, 2009] Lepidonotothen kempi ...... Striped-eyed rockcod. Dissostichus eleginoides ...... Patagonian toothfish. Dissostichus mawsoni ...... Antarctic toothfish. Subpart G—Antarctic Marine Electrona carlsbergi ...... Lanternfish. Patagonothen brevicauda Patagonian rockcod. Living Resources guntheri. Pleuragramma antarcticum ... Antarctic silverfish. AUTHORITY: 16 U.S.C. 2431 et seq., 31 U.S.C. Trematomus spp...... Antarctic cods. 9701 et seq. Chaenocephalus aceratus ..... Blackfin icefish. Chaenodraco wilsoni ...... Spiny icefish. Champsocephalus gunnari .... Mackerel icefish. § 300.100 Purpose and scope. Chionodraco rastrospinosus .. Ocellated icefish. (a) This subpart implements the Ant- Pseudochaenichthys South Georgia icefish. georgianus. arctic Marine Living Resources Con- vention Act of 1984 (Act). Antarctic marine living resources or (b) This subpart regulates— AMLR(s) means: (1) The harvesting of Antarctic ma- (1) The populations of finfish, mol- rine living resources or other associ- lusks, crustaceans, and all other spe- ated activities by any person subject to cies of living organisms, including the jurisdiction of the United States or birds, found south of the Antarctic by any vessel of the United States. Convergence; (2) The importation into the United (2) All parts or products of those pop- States of any Antarctic marine living ulations and species set forth in para- resource. graph (1) of this definition.

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Commission means the Commission Individual permit means an NSF per- for the Conservation of Antarctic Ma- mit issued under 45 CFR part 670; or an rine Living Resources established NSF award letter (demonstrating that under Article VII of the Convention. the individual has received an award Convention waters means all waters from NSF to do research in the Ant- south of the Antarctic Convergence. arctic); or a marine mammal permit Dealer means the person who first re- issued under § 216.31 of this chapter; or ceives AMLRs from a harvesting vessel an endangered species permit issued or transshipment vessel or who imports under § 222.21 of this chapter. AMLRs into, or re-exports AMLRs Inspection vessel means a vessel car- from, the United States. rying a CCAMLR inspector and dis- Directed fishing, with respect to any playing the pennant approved by the species or stock of fish, means any fish- Commission to identify such vessel. ing that results in such fish comprising International observer means a sci- more than 1 percent by weight, at any entific observer operating in accord- time, of the catch on board the vessel. ance with the CCAMLR Scheme of Dissostichus catch document (DCD) International Scientific Observation means the uniquely numbered catch and the terms of a bilateral arrange- documentation form approved by the ment concluded between the United Commission and issued by a flag state States and a Member of CCAMLR for to its vessels authorized to harvest the placement of a U.S. national on- Dissostichus species. board a vessel flagged by a Member of Dissostichus species means Patagonian CCAMLR or for the placement of the toothfish and/or Antarctic toothfish national of a Member of CCAMLR on- and their parts or products. board a U.S. flagged vessel. Export as used in § 300.107(c) means Land or Landing means to begin off- any movement of a catch in its har- loading any fish, to arrive in port with vested or processed form from a terri- the intention of offloading any fish, or tory under the control of the State or to cause any fish to be offloaded; ex- free trade zone of landing, or, where cept for purposes of catch documenta- that State or free trade zone forms part of a customs union, any other tion as provided for in § 300.107(c), land Member State of that customs union. or landing means the initial transfer of catch in its harvested or processed Fish means finfish, mollusks, and form from a vessel to dockside or to crustaceans. another vessel in a port or free trade Fishery means: zone where the catch is certified by an (1) One or more stocks of fish that authority of the Port State as landed. can be treated as a unit for purposes of Mobile transceiver unit means a vessel conservation and management and that are identified on the basis of geo- monitoring system or VMS device, as graphical, scientific, technical, rec- set forth at § 300.116, installed on board reational, and economic characteris- a vessel that is used for vessel moni- tics. toring and transmitting the vessel’s (2) Any fishing for such stocks. position as required by this subpart. Harvesting vessel means any vessel of National observer means a U.S. na- the United States (this includes any tional placed and operating onboard a boat, ship, or other craft), that is used U.S. flagged vessel as a scientific ob- for, equipped to be used for, or of a server or a foreign flagged vessel in ac- type that is normally used for har- cordance with § 300.113. vesting. NSF means National Science Founda- Import as used in §§ 300.107(c) and tion, 4201 Wilson Boulevard, Arlington, 300.114 means the physical entering or VA 22230. bringing of a catch into any part of the Office for Law Enforcement (OLE) re- geographical territory under the con- fers to the National Marine Fisheries trol of a State, except where the catch Service, Office for Law Enforcement, is landed or transshipped within the Northeast Division. definitions of landing or trans- Port State means the State that has shipment. control over a particular port area or

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free trade zone for the purposes of land- fecting its removal from that State. ing, transshipment, importing, export- Temporarily placing a catch on land or ing and re-exporting and whose author- on an artificial structure to facilitate ity serves as the authority for landing such transfer does not prevent the or transshipment certification. transfer from being a transshipment Recreational fishing means fishing where the catch is not landed with the with hook and line for personal use and definition of landing. not for sale. Vessel Monitoring System (VMS) means Re-export as used in §§ 300.107(c) and a system or mobile transceiver unit ap- 300.114 means any movement of a catch proved by NMFS for use on vessels that in its harvested or processed form from take AMLR, and that allows a Flag a territory under the control of a State, through the installation of sat- State, free trade zone, or Member State ellite-tracking devices on board its of a customs union of import unless fishing vessels to receive automatic that State, free trade zone, or any transmission of certain information. Member State of that customs union of import is the first place of import, in [61 FR 35550, July 5, 1996, as amended at 65 which case the movement is an export FR 30015, May 10, 2000; 68 FR 23227, May 1, within the definition of export. 2003; 72 FR 48508, Aug. 23, 2007] Scientific research activity means any § 300.102 Relationship to other trea- activity for which a person has a per- ties, conventions, laws, and regula- mit from NMFS under § 216.31 of this tions. title or an award letter from NSF or a permit from the NSF under 45 CFR (a) Other conventions and treaties to part 670. Scientific research activities which the United States is a party and may also include harvesting or other other Federal statutes and imple- associated activities if such activities menting regulations may impose addi- are designated as scientific research tional restrictions on the harvesting activities by the Assistant Adminis- and importation into the United States trator. of AMLRs. Seal excluder device means a barrier (b) The ACA implements the Ant- within the body of a trawl comprised of arctic Treaty Agreed Measures for the a metal frame, nylon mesh, or any ma- Conservation of Antarctic Fauna and terial that results in an obstruction to Flora (12 U.S.T. 794). The ACA and its seals between the mouth opening and implementing regulations (45 CFR part the cod end of the trawl. The body of 670) apply to certain defined activities the trawl net forward of the barrier of U.S. citizens south of 60° S. lat. must include an escape opening (c) The Marine Mammal Protection through which seals entering the trawl Act of 1972 (16 U.S.C. 1361 et seq.), the can escape. Endangered Species Act of 1973 (16 Specially Validated Dissostichus Catch U.S.C. 1531 et seq.), the Migratory Bird Document (SVDCD) means a Treaty Act (16 U.S.C. 701 et seq.), and Dissostichus catch document that has their implementing regulations also been specially issued by a State to ac- apply to the harvesting and importa- company seized or confiscated catch of tion of AMLRs. Dissostichus spp. offered for sale or otherwise disposed of by the State. § 300.103 Procedure for according pro- Transship or transshipment means the tection to CCAMLR Ecosystem Mon- transfer of fish or fish products from itoring Program Sites. one vessel to another; Except for pur- (a) General. (1) Any person subject to poses of catch documentation as pro- the jurisdiction of the United States vided for in §§ 300.107(c) and 300.114, must apply for and be granted an entry transship or transshipment means the permit authorizing specific activities transfer at sea of a catch in its har- prior to entering a CCAMLR Eco- vested or processed form from a vessel system Monitoring Program (CEMP) to another vessel or means of transport Protected Site designated in accord- and, where such transfer takes place ance with the CCAMLR Conservation within the territory under the control Measure describing the Procedures for of a Port State, for the purposes of ef- According Protection for CEMP Sites.

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(2) If a CEMP Protected Site is also a (2) The Convention for the Conserva- site specially protected under the Ant- tion of Antarctic Seals. arctic Treaty (or the Protocol on Envi- (3) The Convention and its Conserva- ronmental Protection to the Antarctic tion Measures in force, implemented Treaty and its Annexes, when it enters under the Act. into force), an applicant seeking to (d) Prohibitions on takings. Permits enter such a Protected Site must apply issued under this section do not au- to the Director of the NSF for a permit thorize any takings as defined in the under applicable provisions of the ACA applicable statutes and implementing or any superseding legislation. The per- regulations governing the activities of mit granted by NSF shall constitute a persons in Antarctica. joint CEMP/ACA Protected Site permit (e) Issuance criteria. Permits des- and any person holding such a permit ignated in this section may be issued must comply with the appropriate by the Assistant Administrator upon a CEMP Protected Site Management determination that: Plan. In all other cases, an applicant (1) The specific activities meet the seeking a permit to enter a CEMP Pro- requirements of the Act. tected Site must apply to the Assistant (2) There is sufficient reason, estab- Administrator for a CEMP permit in lished in the permit application, that accordance with the provisions of this the scientific purpose for the intended section. entry cannot be served elsewhere. (b) Responsibility of CEMP permit hold- (3) The actions permitted will not ers and persons designated as agents violate any provisions or prohibitions under a CEMP permit. (1) The CEMP of the Protected Site’s Management permit holder and person designated as Plan submitted in compliance with the agents under a CEMP permit are joint- CCAMLR Conservation Measure de- ly and severally responsible for compli- scribing the Procedures for According Protection to CEMP Sites. ance with the Act, this subpart, and (f) Application process. An applicant any permit issued under this subpart. seeking a CEMP permit from the As- (2) The CEMP permit holder and sistant Administrator to enter a CEMP agents designated under a CEMP per- Protected Site shall include the fol- mit are responsible for the acts of their lowing in the application. employees and agents constituting vio- (1) A detailed justification that the lations, regardless of whether the spe- scientific objectives of the applicant cific acts were authorized or forbidden cannot be accomplished elsewhere and by the CEMP permit holder or agents, a description of how said objectives and regardless of knowledge concerning will be accomplished within the terms their occurrence. of the Protected Site’s Management (c) Prohibitions regarding the Antarctic Plan. Treaty System and other applicable trea- (2) A statement signed by the appli- ties and statutes. Holders of permits to cant that the applicant has read and enter CEMP Protected Sites are not fully understands the provisions and permitted to undertake any activities prohibitions of the Protected Site’s within a CEMP Protected Site that are Management Plan. Prospective appli- not in compliance with the provisions cants may obtain copies of the relevant of: Management Plans and the CCAMLR (1) The Antarctic Treaty, including Conservation Measure describing the the Agreed Measures for the Conserva- Procedures for According Protection to tion of Antarctic Fauna and Flora (in- CEMP Sites by requesting them from cluding the Protocol on the Environ- the Assistant Administrator. mental Protection to the Antarctic (g) Conditions. CEMP permits issued Treaty and its Annexes when it enters under this section will contain special into force), as implemented under by and general conditions including a con- the ACA and any superseding legisla- dition that the permit holder shall sub- tion. (Persons interested in conducting mit a report describing the activities activities subject to the Antarctic conducted under the permit within 30 Treaty or the Protocol should contact days of the expiration of the CEMP the Office of Polar Programs, NSF). permit.

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(h) Duration. Permits issued under (2) Failure to report a change in the this section are valid for a period of up information submitted in a CEMP per- to five years. Applicants requesting a mit application within 10 days of the permit to reenter a Protected Site change is a violation of this subpart must include the most recent report re- and voids the application or permit, as quired by the general condition in the applicable. Title 15 CFR part 904 gov- previously issued CEMP permit de- erns permit sanctions under this sub- scribing the activities conducted under part. authority of that permit. (l) Exceptions. Entry into a Protected (i) Transfer. CEMP permits are not Site described in this section is lawful transferable or assignable. A CEMP if committed under emergency condi- permit is valid only for the person to tions to prevent the loss of human life, whom it is issued. compromise human safety, prevent the (j) Modification. (1) CEMP permits loss of vessels or aircraft, or to prevent can be modified by submitting a re- environmental damage. quest to the Assistant Administrator. (m) Protected sites. (1) Sites protected Such requests shall specify: by the Antarctic Treaty and regulated (i) The action proposed to be taken under the ACA are listed at 45 CFR along with a summary of the reasons part 670 subparts G and H. (2) The following sites have been therefore. identified as CEMP Protected Sites (ii) The steps that the permit holder subject to the regulatory authority of may take to demonstrate or achieve the Act: compliance with all lawful require- (i) Seal Islands, South Shetland Is- ments. lands—The Seal Islands are composed (2) If a requested modification is not of islands and skerries located approxi- in compliance with the terms of the mately 7 km north of the northwest Protected Site’s Management Plan, the corner of Elephant Island, South Shet- Assistant Administrator will treat the land Islands. The Seal Islands CEMP requested modification as an applica- Protected Site includes the entire Seal tion for a new CEMP permit and so no- Islands group, which is defined as Seal tify the holder. Modifications will be Island plus any land or rocks exposed acted upon within 30 days of receipt. at mean low tide within a distance of The CEMP permit holder must report 5.5 km of the point of highest elevation to the Assistant Administrator any on Seal Island. Seal Island is situated change in previously submitted infor- at 60°59′14″ S. lat., 55°23′04″ W. long. mation within 10 days of the change. (ii) Cape Shirreff and the San Telmo Is- (3) Additional conditions and restric- lands. This designation takes effect on tions. The Assistant Administrator May 1, 1995. Cape Shirreff is a low, ice- may revise the CEMP permit effective free peninsula towards the western end upon notification of the permit holder, of the north coast of Livingston Island, to impose additional conditions and re- South Shetland Islands, situated at strictions as necessary to achieve the 62°29′ S. lat., 60°47′ W. long., between purposes of the Convention, the Act Barclay Bay and Hero Bay. San Telmo and the CEMP Management Plan. The Island is the largest of a small group of CEMP permit holder must, as soon as ice-free rock islets, approximately 2 possible, notify any and all agents op- km west of Cape Shirreff. The bound- erating under the permit of any and all aries of the Cape Shirreff CEMP Pro- revisions or modifications to the per- tected Site are identical to the bound- mit. aries of the Site of Special Scientific (k) Revocation or suspension. CEMP Interest No. 32, as specified by ATCM permits may be revoked or suspended Recommendation XV–7. No manmade based upon information received by the boundary markers indicate the limits Assistant Administrator and such rev- of the SSSI or protected site. The ocation or suspension shall be effective boundaries are defined by natural fea- upon notification to the permit holder. tures and include the entire area of the (1) A CEMP permit may be revoked Cape Shirreff peninsula north of the or suspended based on a violation of glacier ice tongue margin, and most of the permit, the Act, or this subpart. the San Telmo Island group. For the

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purposes of the protected site, the en- available from the Assistant Adminis- tire area of Cape Shirreff and the San trator. Telmo Island group is defined as any (2) The format requires: land or rocks exposed at mean low tide (i) The name of the CCAMLR Mem- within the area delimited by the map ber. of SSSI No. 32 and available from the (ii) Survey details. Assistant Administrator. (iii) Description of the vessel. (iv) Description of the fishing gear to [61 FR 35550, July 5, 1996, as amended at 68 FR 23227, May 1, 2003] be used. (v) Description of acoustic gear to be § 300.104 Scientific research. used. (a) The management measures issued (vi) Survey design and methods of pursuant to the procedures at § 300.111 data analyses. do not apply to catches of less than 5 (vii) Data to be collected. tons taken by any vessel for research (3) A summary of the results of any purposes, unless otherwise indicated. research fishing subject to these provi- (b) Catches taken by any vessel for sions must be provided to the Assistant research purposes will be considered as Administrator within 150 days of the part of any catch limit. completion of the research fishing and (c) The catch reporting procedure a full report must be provided within 11 identified in management measures months. issued pursuant to the procedures at (4) Catch and effort data resulting § 300.111 applies whenever the catch from the research fishing must be re- within any 5-day reporting period exported to the Assistant Administrator ceeds 5 tons, unless more specific re- using the CCAMLR C4 haul-by-haul reporting requirements apply to the spe- porting format for research vessels. cies being fished. § 300.105 Initiating a new fishery. (d) Any person, organization or institution planning to use a vessel for re- (a) A new fishery, for purposes of this search purposes, when the estimated section, is a fishery on a species using catch is expected to be less than 50 a particular method in a statistical tons, must provide the following vessel subarea for which: and research notification to the Assist- (1) Information on distribution, abun- ant Administrator at least 2 months in dance, demography, potential yield and advance of the planned research: stock identity from comprehensive re- (1) Name and registration number of search/surveys or exploratory fishing vessel. has not been submitted to CCAMLR; (2) Division and subarea in which re- (2) Catch and effort data have never search is to be carried out. been submitted to CCAMLR; or (3) Estimated dates of entering and (3) Catch and effort data from the leaving CCAMLR Convention Area. two most recent seasons in which fish- (4) Purposes of research. ing occurred have not been submitted (5) Fishing equipment to be used to CCAMLR. (bottom trawl, midwater trawl, (b) An individual subject to these longline, crab pots, other). regulations intending to develop a new (e) The following measures apply to fishery shall notify the Assistant Ad- any person planning to use any vessel ministrator no later than July 1 of the for research purposes, when the esti- year in which he or she intends to ini- mated catch is expected to be more tiate the fishery and shall not initiate than 50 tons: the fishery pending CCAMLR review. (1) The person must use the CCAMLR (c) The notification shall be accom- Format for Reporting Plans for Finfish panied by information on: Surveys in the Convention Area when (1) The nature of the proposed fish- the Total Catch is Expected to be More ery, including target species, methods Than 50 Tons to report the details of of fishing, proposed region and any the research plan to the Assistant Ad- minimum level of catches that would ministrator at least 7 months in ad- be required to develop a viable fishery. vance of the planned starting date for (2) Biological information from com- the research. A copy of the format is prehensive research/survey cruises,

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such as distribution, abundance, demo- § 300.107 Reporting and recordkeeping graphic data and information on stock requirements. identity. (a) Vessels. The operator of any vessel (3) Details of dependent and associ- required to have a harvesting permit ated species and the likelihood of them under this subpart must: being affected by the proposed fishery. (1) Accurately maintain on board the (4) Information from other fisheries vessel all CCAMLR reports and records in the region or similar fisheries else- required by its permit. where that may assist in the valuation (2) Make such reports and records of potential yield. available for inspection upon the request of an authorized officer or § 300.106 Exploratory fisheries. CCAMLR inspector. (3) Within the time specified in the (a) An exploratory fishery, for pur- permit, submit a copy of such reports poses of this section, is a fishery that and records to NMFS at an address des- was previously defined as a new fishery ignated by NMFS. under § 300.105. (4) Install a NMFS approved VMS (b) A fishery will continue to be clas- unit for use in the CCAMLR Central- sified as an exploratory fishery until ized satellite-linked vessel monitoring sufficient information is available to: system (C–VMS) on board U.S. vessels (1) Evaluate the distribution, abun- harvesting Antarctic marine living re- dance, and demography of the target sources that automatically transmits species, leading to an estimate of the the vessel’s position at least every 4 fishery’s potential yield. hours to a NMFS-designated land-based (2) Review the fishery’s potential im- fisheries monitoring center or centers. pacts on dependent and related species. The unit must be operated from the (3) Allow the CCAMLR Scientific time the vessel leaves any port until Committee to formulate and provide its return to any port. The requirements for the installation and oper- advice to the Commission on appro- ation of the VMS are set forth at priate harvest catch levels and fishing § 300.116. gear. (b) Dealers. Dealers of AMLRs re- (c) The operator of any vessel engag- quired to have a permit under this sub- ing in an exploratory fishery must subpart must: mit, by the date specified in the opera- (1) Accurately maintain all reports tor’s harvesting permit, catch, effort, and records required by their permits; and related biological, ecological, and (2) Make such reports and records environmental data as required by a available for inspection upon the re- data collection plan for the fishery for- quest of an authorized officer or mulated by the CCAMLR Scientific CCAMLR inspector; and Committee. (3) Within the time specified in the (d) In addition to the requirements in permit, submit a copy of such reports § 300.112, any individual planning to and records to NMFS at an address des- enter an exploratory fishery must no- ignated by NMFS. tify the Assistant Administrator no (c) Catch documentation—(1) General. later than 4 months in advance of the (i) The CCAMLR DCD must accompany annual meeting of CCAMLR. The As- all shipments of Dissostichus species as required in this paragraph (c). sistant Administrator will not issue a (ii) No shipment of Dissostichus spe- permit to enter an exploratory fishery cies shall be released for entry into the until after the requirements of § 300.112 United States unless accompanied by a have been met and the meeting of complete and validated CCAMLR DCD. CCAMLR, which receives and considers (iii) No shipment of Dissostichus spe- the notice made to the Assistant Ad- cies identified as originating from a ministrator, has been concluded. high seas area designated by the Food [61 FR 35550, July 5, 1996, as amended at 72 and Agriculture Organization of the FR 48509, Aug. 23, 2007] United Nations as Statistical Area 51 or Statistical Area 57 in the eastern and western Indian Ocean outside and

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north of the Convention Area shall be (B) Sign each DCD (or copies there- issued a preapproval. of), and electronically convey by the (2) Harvesting vessels. (i) In addition most rapid means possible each copy to to any AMLR harvesting permit or a NMFS and to the flag state(s) of the High Seas Fishing Compliance Act per- harvesting vessel(s) and provide a copy mit issued pursuant to § 300.12, a U.S. to each dealer receiving Dissostichus vessel harvesting or attempting to har- species. vest Dissostichus species, wherever (iii) The master of the transshipping found, must possess a DCD issued by vessel must submit all DCDs with NMFS which is non-transferable. The original signatures to NMFS no later master of the harvesting vessel must than 30 days after offloading and retain ensure that catch information specified copies for a period of 2 years. on the DCD is accurately recorded. (4) Receivers upon landing. Any dealer (ii) Prior to offloading of Dissostichus who receives Dissostichus species from a species, the master of the harvesting harvesting vessel or from a trans- vessel must: shipment vessel must sign the DCD(s) (A) electronically convey by the most provided by the master of the vessel. rapid means possible catch information (5) Import. (i) Any dealer who imports to NMFS and record on the DCD a con- Dissostichus species must: firmation number received from (A) Any dealer who imports toothfish NMFS; must first obtain the document number (B) Obtain on the DCD (or copies and export reference number on the thereof) the signature(s) of the fol- DCD corresponding to the import ship- lowing persons: if catch is offloaded for ment and must produce verifiable in- transshipment, the master of the ves- formation documenting use of C–VMS sel(s) to which the catch is transferred; to allow entry into the United States. or if catch is offloaded for landing, the (B) Ensure that the quantity of signature of both the responsible offi- toothfish listed on the DCD (or cial(s) designated by NMFS in the har- Dissostichus re-export document if prod- vesting permit, and the dealer(s) that uct is to be re-exported) matches the receives the catch at the port(s) of quantity listed on the preapproval ap- landing; and plication within a variance of 10 per- (C) Sign the DCD (or copies thereof), cent, electronically convey by the most (C) The document and export ref- rapid means possible each copy to erence numbers described in paragraph NMFS, and provide a copy to each re- (c)(5)(i)(A) of this section must be en- cipient of the catch. tered by the dealer on the preapproval (iii) The master of the harvesting application for the shipment and sent vessel must submit the original DCD to the address designated by NMFS so (or all copies thereof with original sig- that NMFS receives the documentation natures) to NMFS no later than 30 days at least 15 working days prior to im- after the end of the fishing season as port. authorized for that vessel on its har- (D) Retain a copy of the DCD for his/ vesting permit. her records and provide copies to ex- (3) Transshipment vessels. (i) The mas- porters as needed. ter of a U.S. vessel issued a permit to (ii) Dealers must retain at their place transship Dissostichus species must, of business a copy of the DCD for a pe- upon receipt of Dissostichus species, riod of 2 years from the date on the sign each DCD provided by the master DCD. of the harvesting vessel. (iii) Exception. Preapproval is not re- (ii) Prior to landing Dissostichus spe- quired for shipments of fresh cies, the master of the transshipping Dissostichus species. A report of a ship- vessel must: ment of fresh Dissostichus species must (A) Obtain on each DCD (or copies be completed and submitted to NMFS thereof) the signature(s) of both the re- within 24 hours following import. sponsible official(s) designated by (6) Re-export. (i) Any dealer who re- NMFS in the permit, and the dealer(s) exports Dissostichus species must com- that receives the catch at the port(s) of plete a Dissostichus re-export document landing and by indicating:

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(A) The amount from the original 8587, and 1981 amendment TIAS 10672), DCD(s) that is exported in the par- for the activity in which the har- ticular export shipment; vesting vessel is engaged (as described (B) The number of the original at 33 CFR part 81). DCD(s); (c) Gear identification. (1) The oper- (C) The name of the importer and ator of each harvesting vessel must en- point of import; and sure that all deployed fishing gear that (D) The exporter’s name, address and is not physically and continuously at- permit number. tached to a harvesting vessel is clearly (ii) The dealer must then sign the re- marked at the surface with a buoy dis- export document and obtain validation by a responsible official(s) designated playing the vessel identification of the by NMFS. harvesting vessel (see paragraph (a) of (iii) The original validated this section) to which the gear belongs, Dissostichus re-export document and a light visible for 2 miles at night in copies of the original DCD(s) must ac- good visibility, and a radio buoy. Trawl company the export shipment. codends passed from one vessel to an- (iv) The dealer must retain a copy of other are considered continuously at- the re-export document and copies of tached gear and do not have to be the DCD(s)at his/her place of business marked. for a period of 2 years from the date on (2) The operator of each harvesting the DCD. vessel must ensure that deployed [65 FR 30016, May 10, 2000, as amended at 68 longlines, strings of traps or pots, and FR 23228, May 1, 2003; 72 FR 48509, Aug. 23, gillnets are marked at the surface at 2007] each terminal end with a buoy dis- playing the vessel identification of the § 300.108 Vessel and gear identifica- harvesting vessel to which the gear be- tion. longs (see paragraph (a) of this sec- (a) Vessel identification. (1) The oper- tion), a light visible for 2 miles at ator of each harvesting vessel assigned night in good visibility, and a radio an IRCS must display that call sign buoy. amidships on both the port and star- (3) Unmarked or incorrectly identi- board sides of the deckhouse or hull, so fied fishing gear may be considered that it is visible from an enforcement abandoned and may be disposed of in or inspection vessel, and on an appropriate weather deck so that it is visible accordance with applicable Federal from the air. regulations by any authorized officer (2) The operator of each harvesting or CCAMLR inspector. vessel not assigned an IRCS, such as a (d) Maintenance. The operator of each small trawler associated with a harvesting vessel must: mothership or one of a pair of trawlers, (1) Keep the vessel and gear identi- must display the IRCS of the associ- fication clearly legible and in good re- ated vessel, followed by a numerical pair. suffix specific for the non-assigned ves- (2) Ensure that nothing on the har- sel. vesting vessel obstructs the view of the (3) The vessel identification must be markings from an enforcement or in- in a color in contrast to the back- spection vessel or aircraft. ground and must be permanently af- (3) Ensure that the proper naviga- fixed to the harvesting vessel in block tional lights and shapes are displayed roman alphabet letters and arabic nu- for the harvesting vessel’s activity and merals at least 1 m in height for har- are properly functioning. vesting vessels over 20 m in length, and at least 0.5 m in height for all other § 300.109 Gear disposal. harvesting vessels. (b) Navigational lights and shapes. (a) The operator of a harvesting ves- Each harvesting vessel must display sel may not dump overboard, jettison the lights and shapes prescribed by the or otherwise discard any article or sub- International Regulations for Pre- stance that may interfere with other venting Collisions at Sea, 1972 (TIAS fishing vessels or gear, or that may

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catch fish or cause damage to any ma- edges with the taper defined above. rine resource, including marine mam- They will have a hole at the narrowest mals and birds, except in cases of emer- extremity. gency involving the safety of the ship (ii) Each gauge will be inscribed on or crew, or as specifically authorized its face with the width in millimeters by communication from the appro- both on the parallel-sided section, if priate USCG commander or authorized any, and on the tapering section. In the officer. These articles and substances case of the latter, the width will be in- include, but are not limited to, fishing scribed every 1 mm interval, but the gear, net scraps, bale straps, plastic indication of the width may appear at bags, oil drums, petroleum containers, regular intervals other than 1 mm. oil, toxic chemicals or any manmade (2) Use of the gauge. (i) The net will be items retrieved in a harvesting vessel’s stretched in the direction of the long gear. diagonal of the meshes. (b) The operator of a harvesting ves- (ii) A gauge as described in paragraph sel may not abandon fishing gear in (c)(1) of this section will be inserted by Convention waters. its narrowest extremity into the mesh (c) The operator of a harvesting ves- opening in a direction perpendicular to sel must provide a copy of the the plane of the net. CCAMLR information brochure ‘‘Ma- (iii) The gauge may be inserted into rine Debris—A Potential Threat to the mesh opening either with a manual Antarctic Marine Mammals’’ to each force or using a weight or dynamom- member of the crew of the harvesting eter, until it is stopped at the tapering vessel and must display copies of the edges by the resistance of the mesh. CCAMLR placard ‘‘Avoidance of Inci- (3) Selection of meshes to be measured. dental Mortality of Antarctic Marine (i) Meshes to be measured will form a Mammals’’ in the wheelhouse and crew series of 20 consecutive meshes chosen quarters of the harvesting vessels. Cop- in the direction of the long axis of the ies of the brochure and placard will be net, except that the meshes to be meas- provided to each holder of a harvesting ured need not be consecutive if the ap- permit by NMFS when issuing the per- plication of paragraph (c)(3)(ii) of this mit. section prevents it. (ii) Meshes less than 50 cm from § 300.110 Mesh size. lacings, ropes, or codline will not be (a) The use of pelagic and bottom measured. This distance will be meas- trawls having the mesh size in any part ured perpendicular to the lacings, ropes of a trawl less than indicated is prohib- or codline with the net stretched in the ited for any directed fishing for the fol- direction of that measurement. No lowing Antarctic finfishes: mesh will be measured which has been (1) Notothenia rossii and Dissostichus mended or broken or has attachments eleginoides—120 mm. to the net fixed at that mesh. (2) Champsocephalus gunnari—90 mm. (iii) Nets will be measured only when (3) Gobionotothen gibberifrons, wet and unfrozen. Notothenia kempi and Lepidorhirus (4) The measurement of each mesh squamifrons—80 mm. will be the width of the gauge at the (b) Any means or device that would point where the gauge is stopped, when reduce the size or obstruct the opening using this gauge in accordance with of the meshes is prohibited. paragraph (c)(2) of this section. (c) The following procedure will be (5) Determination of the mesh size of used for determining compliance with the net will be the arithmetical mean mesh size requirements. in millimeters of the measurements of (1) Description of gauges. (i) Gauges the total number of meshes selected for determining mesh sizes will be 2 and measured as provided for in para- mm thick, flat, of durable material and graphs (c) (3) and (4) of this section, the capable of retaining their shape. They arithmetical mean being rounded up to may have either a series of parallel- the next millimeter. edged sides connected by intermediate (6) Inspection procedure. (i) One series tapering edges with a taper of one to of 20 meshes, selected in accordance eight on each side, or only tapering with paragraph (c)(3) of this section,

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will be measured by inserting the measures that may affect the operation gauge manually without using a weight of the commercial or exploratory fish- or dynamometer. The mesh size of the eries, gear, area restrictions, or net will then be determined in accord- changes in catch and/or effort. ance with paragraph (c)(5) of this sec- (b) Preliminary notice. The Secretary tion. If the calculation of the mesh size of State shall publish preliminary no- shows that the mesh size does not ap- tice in the FEDERAL REGISTER of the pear to comply with the rules in force, management measures adopted by the then two additional series of 20 meshes parties to the Convention. selected in accordance with paragraph (c) Procedure. At its annual meeting, (c)(3) of this section will be measured. usually in October or November, the The mesh size will then be recalculated Commission may recommend new in accordance with paragraph (c)(5) of measures and that established meas- this section, taking into account the 60 ures be modified, removed, or re-insti- meshes already measured; this recal- tuted. After public notice of those rec- culation will be the mesh size of the ommendations by the Secretary of net. State and opportunity for public com- (ii) If the captain of the vessel con- ment, and after considering the impact tests the mesh size determined in ac- of instituting the measures and any cordance with paragraph (c)(6)(i) of public comment received by the Sec- this section, such measurement will not be considered for the determina- retary of State, the Assistant Adminis- tion of the mesh size and the net will trator may implement the manage- be remeasured. ment measures by notice in the FED- (A) A weight or dynamometer at- ERAL REGISTER, with immediate force tached to the gauge will be used for re- and effect. The notification in the FED- measurement. The choice of weight or ERAL REGISTER will summarize new dynamometer is at the discretion of management measures, and respond to the inspectors. The weight will be fixed any public comments received by the to the hole in the narrowest extremity Secretary of State on the preliminary of the gauge using a hook. The dyna- notice. mometer may either be fixed to the (d) Types of management measures to be hole in the narrowest extremity of the frameworked. Management measures gauge or be applied at the largest ex- that may be implemented by regu- tremity of the gauge. latory notice rather than by codified (B) The accuracy of the weight or dy- regulation are those that generally will namometer must be certified by the ap- not remain in effect for more than 12 propriate national authority. months and include catch restrictions, (C) For nets of a mesh size of 35 mm time and area closures, and gear re- or less as determined in accordance strictions. with paragraph (c)(6)(i) of this section, (e) The fishing season for all Conven- a force of 19.61 newtons (equivalent to tion Area species is December 1 a mass of 2 kg) will be applied, and for through November 30 of the following other nets, a force of 49.03 newtons year, unless otherwise set in specific (equivalent to a mass of 5 kg). CCAMLR conservation measures. (D) For the purposes of determining the mesh size in accordance with para- [61 FR 35550, July 5, 1996, as amended at 68 graph (c)(5) of this section, when using FR 23228, May 1, 2003] a weight or dynamometer, one series of § 300.112 Harvesting permits. 20 meshes only will be measured. (a) General. (1) Every vessel subject § 300.111 Framework for annual man- to the jurisdiction of the United States agement measures. that attempts to reduce or reduces any (a) Introduction. New management AMLR to possession must have a har- measures may be added and others vesting permit authorizing the attempt modified through publication of a regu- or reduction, unless the attempt or re- latory action in the FEDERAL REG- duction occurs during recreational ISTER. The following framework proc- fishing or is covered by an individual ess authorizes the implementation of permit. Boats launched from a vessel

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issued a harvesting permit do not re- (1) Decrease the size of any harvested quire a separate permit, but are cov- population to levels below those that ered by the permit issued the launch- ensure its stable recruitment. For this ing vessel. Any enforcement action purpose, the Convention recommends that results from the activities of a that its size not be allowed to fall launched boat will be taken against the below a level close to that which en- launching vessel. sures the greatest net annual incre- (2) Permits issued under this section ment. do not authorize vessels or persons sub- (2) Upset the ecological relationships ject to the jurisdiction of the United between harvested, dependent, and re- States to harass, capture, harm, kill, lated populations of AMLRs and the harvest, or import marine mammals. restoration of depleted populations to No marine mammals may be taken in levels that will ensure stable recruit- the course of commercial fishing oper- ment. ations unless the taking is allowed under the Marine Mammal Protection (3) Cause changes or increase the risk Act and/or the Endangered Species Act of changes in the marine ecosystem pursuant to an exemption or permit that are not potentially reversible over granted by the appropriate agency. 2 or 3 decades, taking into account the (b) Responsibility of owners and opera- state of available knowledge of the di- tors. (1) The owners and operators of rect and indirect impact of harvesting, each harvesting vessel are jointly and the effect of the introduction of alien severally responsible for compliance species, the effects of associated activi- with the Act, this subpart, and any per- ties on the marine ecosystem and of mit issued under the Act and this sub- the effects of environmental changes, part. with the aim of making possible the (2) The owners and operators of each sustained conservation of AMLRs. such vessel are responsible for the acts (4) Violate the management measures of their employees and agents consti- issued pursuant to § 300.111 of this sub- tuting violations, regardless of whether part. the specific acts were authorized or for- (5) Violate any other conservation bidden by the owners or operators, and measures in force with respect to the regardless of knowledge concerning United States under the Convention or their occurrence. the Act. (3) The owner of such vessel must re- (e) Duration. A harvesting permit is port any sale, change in ownership, or valid from its date of issuance to its other disposition of the vessel to the date of expiration unless it is revoked Assistant Administrator within 15 days or suspended. of the occurrence. (f) Transfer. Permits are not transfer- (4) The owners and operators of each able or assignable. A permit is valid krill harvesting vessel using trawl gear in Convention Area fisheries must in- only for the vessel to which it is issued. stall a seal excluder device. (g) Display. Each harvesting vessel (c) Application. Application forms for when engaged in harvesting must ei- harvesting permits are available from ther have on board an up-to-date copy the Assistant Administrator (Attn: of its harvesting permit or a fully com- CCAMLR permits). A separate fully pleted and up-to-date harvesting vessel completed and accurate application certificate and the vessel operator must be submitted for each vessel for must produce it for inspection upon the which a harvesting permit is requested request of an authorized officer or at least 90 days before the date antici- CCAMLR inspector. In order for the pated for the beginning of harvesting. certificate to be considered complete, (d) Issuance. The Assistant Adminis- the vessel owner or operator must trator may issue a harvesting permit enter on it the name and IRCS of the to a vessel if the Assistant Adminis- vessel issued the harvesting permit, trator determines that the harvesting the number of the harvesting permit described in the application will meet and its date of issuance and expiration, the requirements of the Act and will the harvesting authorized by the per- not: mit, and all conditions and restrictions

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contained in the permit. Blank certifi- (j) Revision, suspension, or revocation cates are available from the Assistant for violations. A harvesting permit may Administrator. be revised, suspended, or revoked if the (h) Changes in information submitted harvesting vessel is involved in the by permit applicants or holders—(1) commission of any violation of its per- Changes in pending applications. Appli- mit, the Act, or this subpart. Failure cants for a harvesting permit must re- to report a change in the information port to the Assistant Administrator in contained in an application within 15 writing any change in the information days of the change is a violation of this contained in the application. The proc- subpart and voids the application or essing period for the application will be permit, as applicable. If a change in extended as necessary to review the vessel ownership is not reported, the change. violation is chargeable to the previous (2) Changes occurring after permit owner. Title 15 CFR part 904 governs issuance—(i) Changes other than in the permit sanctions under this subpart. manner and amount of harvesting. The (k) Transshipment vessels. Any U.S. owner or operator of a vessel that has flagged vessel that receives or at- been issued a harvesting permit must tempts to receive Dissostichus species report to the Assistant Administrator from a harvesting vessel at sea, regard- in writing any change in previously less of whether such transshipment oc- submitted information other than a curs in waters under the jurisdiction of proposed change in the location, man- CCAMLR, must obtain from NMFS a ner, or amount of harvesting within 15 harvesting permit authorizing trans- days of the change. Based on such re- shipment. Transshipment vessels must ported information, the Assistant Ad- comply with the permitting provisions ministrator may revise the permit ef- of this section with respect to har- fective upon notification to the permit vesting vessels. holder. As soon as possible, the vessel [61 FR 35550, July 5, 1996, as amended at 65 owner or operator must revise any har- FR 30017, May 10, 2000; 72 FR 48509, Aug. 23, vesting vessel certificate evidencing 2007] the permit, accordingly. (ii) Requested changes in the location, § 300.113 Scientific observers. manner, or amount of harvesting. Any This section applies to national and changes in the manner or amount of international observers as defined in harvesting must be proposed in writing § 300.101. to the Assistant Administrator and (a) This section applies to a national may not be undertaken unless author- observer aboard U.S. vessels harvesting ized by the Assistant Administrator in the Convention Area, national ob- through a permit revision or issuance servers placed on foreign flagged ves- of a new permit. If a requested change sels and international observers placed in the location, manner, or amount of on U.S. vessels harvesting in the Con- harvesting could significantly affect vention Area. the status of any Antarctic marine liv- (b) All U.S. vessels fishing in the ing resource, the Assistant Adminis- Convention Area must carry one or trator will treat the requested change more scientific observers as required as an application for a new permit and by CCAMLR conservation and manage- so notify the holder. ment measures or as specified in a (i) Additional conditions and restric- NMFS-issued AMLR Harvesting Per- tions. The Assistant Administrator mit. may revise the harvesting permit, ef- (c) All U.S. vessels conducting fective upon notification to the permit longline sink rate testing outside the holder, to impose additional conditions Convention area and pursuant to and restrictions on the harvesting ves- CCAMLR protocols must carry one or sel as necessary to achieve the pur- more scientific observers as specified poses of the Convention or the Act. The in a NMFS-issued AMLR Harvesting permit holder must, as soon as pos- Permit. sible, direct the vessel operator to re- (d) Procurement of observers by vessel. vise the harvesting vessel certificate, if Owners of vessels required to carry sci- any, accordingly. entific observers under this section

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must arrange for observer services in during the 12 months prior to the ob- coordination with the NMFS South- server’s deployment. The physician’s west Fisheries Science Center Ant- statement will expire 12 months after arctic Ecosystem Research Division. the physical exam occurred. A new The vessel owner is required to pay for physical exam must be performed, and observer services through an observer accompanying statement submitted, service provider who has provided ob- prior to any deployment occurring server services to the Federal govern- after the expiration of the statement. ment within the past year. In situa- (h) Vessel responsibilities. An operator tions where no qualified observer is of a vessel required to carry one or available through a qualified observer more scientific observers must: provider, the Secretary may authorize (1) Accommodations and food. Provide, a vessel owner to arrange for an ob- at no cost to the observers or the server by alternative methods. An ob- United States, accommodations and server may not be paid directly by the food on the vessel for the observer or vessel owner. observers that are equivalent to those (e) Insurance. The observer service provided for officers of the vessel; and provider or vessel owner must provide (2) Safe conditions. (i) Maintain safe insurance for observers that provides conditions on the vessel for the protec- compensation in the event of an injury tion of observers including adherence or death during the entire deployment, to all U.S. Coast Guard and other ap- from the point of hire location to re- plicable rules, regulations, or statutes turn, equivalent to the standards of the pertaining to safe operation of the ves- North Pacific Groundfish Observer Pro- sel. gram set forth in § 679.80 of this title. (ii) Have on board: (f) Educational requirements. National observer candidates must: (A) A valid Commercial Fishing Ves- (1) Have a Bachelor’s degree or higher sel Safety Decal issued within the past from an accredited college or univer- 2 years that certifies compliance with sity with a major in one of the natural regulations found in 33 CFR chapter I sciences; or and 46 CFR chapter I. NMFS will grant (2) Have successfully completed a a waiver from the Voluntary Safety minimum of 30 semester hours or decal provision if the vessel is in com- equivalent in applicable biological pliance with the standards of the ob- sciences with extensive use of dichoto- server vessel safety check list devel- mous keys in at least one course. oped by the Northeast Fisheries (g) Health requirements. National ob- Science Center http:// servers must have a signed and dated www.nefsc.noaa.gov/femad/fsb/ or equiva- statement from a licensed physician lent certification issued by the Flag- that he or she has physically examined ging State; the observer. The statement must con- (B) A certificate of compliance issued firm that, based upon the physical ex- pursuant to 46 CFR 28.710; or amination, the observer does not have (C) A valid certificate of inspection any health problems or conditions that pursuant to 46 U.S.C. 3311. would jeopardize that individual’s safe- (3) Health and safety regulations. Com- ty or the safety of others while de- ply with the Observer health and safety ployed, or prevent the observer from regulations at part 600 of this title. performing his or her duties satisfac- NMFS will grant a waiver from the torily. The statement must declare Voluntary Safety decal provision if the that prior to the examination; the phy- vessel is in compliance with the stand- sician was made aware of the duties of ards of the observer vessel safety check an observer and the dangerous, remote list. and rigorous nature of the work. The (4) Transmission of data. Facilitate physician’s statement must be sub- transmission of observer data by allow- mitted to the NMFS Southwest Fish- ing observers, on request, to use the eries Science Center Antarctic Eco- vessel’s communications equipment system Research Division program of- and personnel for the confidential fice prior to approval of an observer. entry, transmission, and receipt of The physical exam must have occurred work-related messages.

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(5) Vessel position. Allow observers ac- (iii) Provide a safe pilot ladder and cess to, and the use of, the vessel’s conduct the transfer to ensure the safe- navigation equipment and personnel, ty of observers during transfers. on request, to determine the vessel’s (iv) Provide an experienced crew position, course and speed. member to assist observers in the (6) Access. Allow observers free and small boat or raft in which any trans- unobstructed access to the vessel’s fer is made. bridge, trawl or working decks, holding (i) Standards of observer conduct—(1) bins, processing areas, freezer spaces, Observers: (i) Must not have a direct fi- weight scales, cargo holds, and any nancial interest in the fishery being other space that may be used to hold, observed, including but not limited to: process, weigh, or store fish or fish (A) Any ownership, mortgage holder, products at any time. or other secured interest in a vessel, shoreside or floating stationary proc- (7) Prior notification. Notify observers essor facility involved in the catching, at least 15 minutes before fish are taking, harvesting or processing of brought on board, or fish and fish prod- fish; ucts are transferred from the vessel, to (B) Any business involved with sell- allow sampling the catch or observing ing supplies or services to any vessel, the transfer, unless the observers spe- shoreside or floating stationary proc- cifically request not to be notified. essing facility; or (8) Records. Allow observers to in- (C) Any business involved with pur- spect and copy the vessel’s CCAMLR chasing raw or processed products from DCD, product transfer forms, any other any vessel, shoreside or floating sta- logbook or document required by regu- tionary processing facilities. lations, printouts or tallies of scale (ii) Must not solicit or accept, di- weights, scale calibration records, bin rectly or indirectly, any gratuity, gift, sensor readouts, and production favor, entertainment, loan, or anything records. of monetary value from anyone who ei- (9) Assistance. Provide all other rea- ther conducts activities that are regu- sonable assistance to enable observers lated by NMFS or has interests that to carry out their duties, including, may be substantially affected by the but not limited to: performance or nonperformance of the (i) Measuring decks, codends, and observers’ official duties. holding bins; (iii) May not serve as observers on (ii) Providing the observers with a any vessel or at any shoreside or float- safe work area adjacent to the sample ing stationary processing facility collection site; owned or operated by a person who pre- (iii) Collecting bycatch when re- viously employed the observers. quested by the observers; (iv) May not solicit or accept em- (iv) Collecting and carrying baskets ployment as a crew member or an employee of a vessel, shoreside processor, of fish when requested by observers; or stationary floating processor while and employed by an observer provider. (v) Allowing observers to determine (2) Provisions for remuneration of ob- the sex of fish when this procedure will servers under this section do not con- not decrease the value of a significant stitute a conflict of interest. portion of the catch. (j) Standards of observer behavior. Ob- (10) Transfer at sea. (i) Ensure that servers must avoid any behavior that transfers of observers at sea via small could adversely affect the confidence of boat or raft are carried out during day- the public in the integrity of the Ob- light hours, under safe conditions, and server Program or of the government, with the agreement of observers in- including but not limited to the fol- volved. lowing: (ii) Notify observers at least 3 hours (1) Observers must perform their as- before observers are transferred, such signed duties as described in the that the observers can collect personal CCAMLR Scientific Observers Manual belongings, equipment, and scientific and must complete the CCAMLR Sci- samples. entific Observer Logbooks and submit

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them to the CCAMLR Data Manager at quate for day or night sampling, and a the intervals specified by the Data hose that supplies fresh or sea water to Manager. the observer. (2) Observers must accurately record [72 FR 48510, Aug. 23, 2007] their sampling data, write complete reports, and report accurately any obser- § 300.114 Dealer permits and vations of suspected violations of regu- preapproval. lations relevant to conservation of ma- (a) General. (1) A dealer intending to rine resources or their environment. import or re-export AMLR must obtain (3) Observers must not disclose col- an AMLR dealer permit valid for one lected data and observations made on year. Preapproval from NMFS is re- board the vessel or in the processing fa- quired for each shipment of frozen cility to any person except the owner Dissostichus species. The permit holder or operator of the observed vessel or may only conduct those specific activi- processing facility, or NMFS. ties stipulated by the permit. (4) Observers must refrain from en- (2) An AMLR may be imported into gaging in any illegal actions or any the United States if its harvest has other activities that would reflect neg- been authorized by a U.S.-issued indi- atively on their image as professional vidual permit issued under scientists, on other observers, or on the § 300.112(a)(1) or its importation has Observer Program as a whole. This in- been authorized by a NMFS-issued cludes, but is not limited to: dealer permit and preapproval issued (i) Engaging in the use, possession, or under § 300.114(a)(1). AMLRs may not be distribution of illegal drugs; or released for entry into the United (ii) Engaging in physical sexual con- States unless accompanied by the har- tact with personnel of the vessel or vesting permit or the individual permit processing facility to which the ob- or dealer permit and, in the case of fro- server is assigned, or with any vessel or zen Dissostichus species, the processing plant personnel who may be preapproval certification granted by substantially affected by the perform- NMFS to allow import. NMFS will only ance or non-performance of the observ- accept electronic catch documents for er’s official duties. toothfish imports. (k) Sampling station. (1) Minimum (3) In no event may a marine mam- work space aboard at sea processing mal be imported into the United States vessels. The observer must have a unless authorized and accompanied by working area of 4.5 square meters, in- an import permit issued under the Ma- cluding the observer’s sampling table, rine Mammal Protection Act and/or for sampling and storage of fish to be the Endangered Species Act. sampled. The observer must be able to (4) A dealer permit or preapproval stand upright and have a work area at issued under this section does not au- least 0.9 m deep in the area in front of thorize the harvest or transshipment of the table and scale. any AMLR by or to a vessel of the (2) Table aboard at-sea processing United States. vessels. The observer sampling station (b) Application. Application forms for must include a table at least 0.6 m AMLR dealer permits and preapproval deep, 1.2 m wide and 0.9 m high and no are available from NMFS. With the ex- more than 1.1 m high. The entire sur- ception of the U.S. Customs 7501 entry face area of the table must be available number, a complete and accurate appli- for use by the observer. Any area for cation must be received by NMFS for the observer sampling scale is in addi- each preapproval at least 15 working tion to the minimum space require- days before the anticipated date of the ments for the table. The observer’s first receipt, importation, or re-export. sampling table must be secured to the Dealers must supply the U.S. Customs floor or wall. 7501 entry number at least three work- (3) Other requirement for at-sea proc- ing days prior to a Dissostichus species essing vessels. The sampling station shipment’s arrival. must be in a well-drained area that in- (c) Fees. A fee to recover the adminis- cludes floor grating (or other material trative expenses associated with proc- that prevents slipping), lighting ade- essing preapproval applications will be

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charged. The amount of the fee will be this section may be revised, suspended, determined in accordance with proce- or revoked, based upon a violation of dures specified in the NOAA Finance the permit, the Act, or this subpart. Handbook for calculating administra- Failure to report a change in the infor- tive costs of special products and serv- mation contained in a permit or ices. The fee is specified with the preapproval application voids the ap- preapproval application form. The application, permit, or preapproval as appropriate fee must accompany each applicable. Title 15 CFR part 904 governs plication and be paid by check, draft, permit sanctions under this subpart. or money order. (i) Exception. Preapproval is not re- (d) Issuance. NMFS may issue a deal- quired for shipments of fresh er permit or preapproval if it deter- Dissostichus species. A report of a ship- mines that the activity proposed by ment of fresh Dissostichus species must the dealer meets the requirements of be completed and submitted to NMFS the Act and that the resources were within 24 hours following import. not or will not be harvested in viola- (j) SVDCD. Dealer permits will not be tion of any conservation measure in issued for Dissostichus spp. offered for force with respect to the United States sale or other disposition under a Spe- or in violation of any regulation in this cially Validated DCD. subpart. (k) Registered agent. Foreign entities (e) Duration. A permit issued under shall, as a condition of possessing a this section is valid from its date of dealer permit, designate and maintain issuance to its date of expiration un- a registered agent within the United less it is revoked or suspended. A States that is authorized to accept preapproval is valid until the product service of process on behalf of that en- is imported (and re-exported, if appli- tity. Foreign based importers of record cable). may identify to NMFS the registered (f) Transfer. A permit issued under agent identified for Customs Service this section is not transferable or as- purposes. signable. [68 FR 23228, May 1, 2003. Redesignated and (g) Changes in information—(1) Pend- amended at 72 FR 48510, 48511, Aug. 23, 2007] ing applications. Applicants for permits and preapproval under this sec- § 300.115 Appointment of a designated tion must report in writing to NMFS representative. any change in the information sub- (a) All holders of permits authorizing mitted in their permit and preapproval fishing in subarea 48.3 must appoint a applications. The processing period for designated representative in the United the application may be extended as States. necessary to review and consider the (b) The designated representative change. will be notified of closures under (2) Issued permits and preapprovals. § 300.111 and must transmit this infor- Any entity issued a permit or mation to the vessel on the grounds. preapproval under this section must re- (c) The designated representative port in writing to NMFS any changes may receive catch reports from the in previously submitted information. vessel and transmit the reports to Any changes that would result in a NMFS in writing. change in the receipt or importation [61 FR 35550, July 5, 1996. Redesignated at 72 authorized by the preapproval, such as FR 48510, Aug. 23, 2007] harvesting vessel or country of origin, type and quantity of the resource to be § 300.116 Requirements for a vessel received or imported, and Convention monitoring system. statistical subarea from which the re- (a) Requirement for use. Within 30 days source was harvested, must be proposed after NMFS publishes in the FEDERAL in writing to NMFS and may not be un- REGISTER a list of approved transmit- dertaken unless authorized by NMFS ting units and associated communica- through issuance of a revised or new tions service providers for the AMLR preapproval. fishery, an owner or operator of a ves- (h) Revision, suspension, or revocation. sel that has been issued a harvesting A permit or preapproval issued under permit for AMLR must ensure that

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such vessel has a NMFS-approved, op- puter, to any VMS unit when deemed erating VMS on board when on any appropriate by NMFS. fishing trip involving the harvesting of [72 FR 48511, Aug. 23, 2007] AMLR. An operating VMS includes an operating mobile transmitting unit on § 300.117 Prohibitions. the vessel and a functioning commu- In addition to the prohibitions in nication link between the unit and § 300.4, it is unlawful for any person to: NMFS as provided by a NMFS-ap- (a) Reduce to possession or attempt proved communication service pro- to reduce to possession any AMLRs vider. without a permit for such activity as (b) Installing and activating the VMS. required by § 300.112. Only a VMS that has been approved by (b) Import into or export from the NMFS for use in the AMLR fishery United States any AMLRs taken by may be used. When installing and acti- vessels without a permit to harvest vating the NMFS-approved VMS, or those resources as required by § 300.112 when reinstalling and reactivating (a)(1), or without applicable catch doc- such VMS, the vessel owner or operator umentation as required by § 300.107 must— (c)(1), or without a dealer permit as re- (1) Follow procedures indicated on an quired by § 300.113 (a)(1), or in violation of the terms and conditions for such installation and activation checklist, import or export as specified on the which is available from OLE; and permit. (2) Submit to OLE a statement certi- (c) Engage in harvesting or other as- fying compliance with the checklist, as sociated activities in violation of the prescribed on the checklist. provisions of the Convention or in vio- (c) Interference with the VMS. No per- lation of a conservation measure in son may interfere with, tamper with, force with respect to the United States alter, damage, disable, or impede the under Article IX of the Convention. operation of the VMS, or attempt any (d) Ship, transport, offer for sale, of the same. sell, purchase, import, export or have (d) Interruption of operation of the custody, control or possession of, any VMS. When a vessel’s VMS is not oper- AMLR that he or she knows, or reason- ating properly, the owner or operator ably should have known, was harvested must immediately contact OLE, and in violation of a conservation measure follow instructions from that office. If in force with respect to the United notified by NMFS that a vessel’s VMS States under article IX of the Conven- is not operating properly, the owner tion or in violation of any regulation and operator must follow instructions promulgated under this subpart, with- from that office. In either event, such out regard to the citizenship of the per- instructions may include, but are not son that harvested, or vessel that was limited to, manually communicating used in the harvesting of, the AMLR. (e) Refuse to allow any CCAMLR in- to a location designated by NMFS the spector to board a vessel of the United vessel’s positions or returning to port States or a vessel subject to the juris- until the VMS is operable. diction of the United States for the (e) Access to position data. As a condi- purpose of conducting an inspection tion of authorized fishing for or posses- authorized by the Act, this subpart, or sion of AMLR, a vessel owner or oper- any permit issued under the Act. ator subject to the requirements for a (f) Refuse to provide appropriate as- VMS in this section must allow NMFS, sistance, including access as necessary the USCG, and their authorized officers to communications equipment, to and designees access to the vessel’s po- CCAMLR inspectors. sition data obtained from the VMS. (g) Refuse to sign a written notifica- (f) Installation and operation of the tion of alleged violations of Commis- VMS. NMFS has authority over the in- sion measures in effect prepared by a stallation and operation of the VMS CCAMLR inspector. unit. NMFS may authorize the connec- (h) Assault, resist, oppose, impede, tion or order the disconnection of addi- intimidate, or interfere with a tional equipment, including a com- CCAMLR inspector in the conduct of

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any boarding or inspection authorized pers, or personal effects without the by the Act, this subpart, or any permit express consent of the observer. issued under the Act. (x) Prohibit or bar by command, im- (i) Use any vessel to engage in har- pediment, threat, coercion, or by re- vesting after the revocation, or during fusal of reasonable assistance, an ob- the period of suspension, of an applica- server from collecting samples, con- ble permit issued under the Act. ducting product recovery rate deter- (j) Fail to identify, falsely identify, minations, making observations, or fail to properly maintain, or obscure otherwise performing the observer’s the identification of a harvesting ves- duties. sel or its gear as required by this sub- (y) Harass an observer by conduct part. that has sexual connotations, has the (k) Fish in a closed area. purpose or effect of interfering with (l) Trawl with a mesh size in any part the observer’s work performance, or of the trawl net smaller than that al- otherwise creates an intimidating, hos- lowed for any directed fishing for Ant- tile, or offensive environment. In de- arctic finfishes as specified in manage- termining whether conduct constitutes ment measures issued pursuant to harassment, the totality of the cir- § 300.111. cumstances, including the nature of (m) Use any means or device that the conduct and the context in which it would reduce the size or obstruct the occurred, will be considered. The deter- opening of the trawl meshes specified mination of the legality of a particular in management measures issued pursu- action will be made from the facts on a ant to § 300.111. case-by-case basis. (n) Possess fish in violation of the (z) Fish for or process fish without catch limit specified in management observer coverage required under measures issued pursuant to § 300.111. § 300.113. (o) Discard netting or other sub- (aa) Require, pressure, coerce, or stances in the Convention Area in vio- threaten an observer to perform duties lation of § 300.109. normally performed by crew members, (p) Violate or attempt to violate any including, but not limited to, cooking, provision of this subpart, the Act, any washing dishes, standing watch, vessel other regulation promulgated under maintenance, assisting with the set- the Act or any permit issued under the ting or retrieval of gear, or any duties Act. associated with the processing of fish, (q) Provide incomplete or inaccurate from sorting the catch to the storage information about the harvest, trans- of the finished product. shipment, landing, import or re-export (bb) Vessel monitoring systems. (1) Use of applicable species on any document any vessel registered to an AMLR har- required under this subpart. vesting permit to conduct fishing oper- (r) Receive AMLRs from a vessel ations unless that vessel carries an without a dealer or harvesting permit OLE type-approved mobile transceiver issued under this subpart. unit and complies with the require- (s) Import Dissostichus spp. with a ments described in this subpart. Specially Validated DCD. (2) Fail to install, activate, repair or (t) Import shipments of frozen replace a mobile transceiver unit prior Dissostichus spp. without a preapproval to leaving port as specified in this sub- issued under § 300.114. part. (u) Assault, resist, oppose, impede, (3) Fail to operate and maintain a intimidate, harass, bribe, or interfere mobile transceiver unit on board the with an observer. vessel at all times as specified in this (v) Interfere with or bias the sam- subpart. pling procedure employed by an ob- (4) Tamper with, damage, destroy, server, including physical, mechanical, alter, or in any way distort, render use- or other sorting or discarding of catch less, inoperative, ineffective, or inac- before sampling. curate the VMS, mobile transceiver (w) Tamper with, destroy, or discard unit, or VMS signal required to be in- an observer’s collected samples, equip- stalled on or transmitted by a vessel as ment, records, photographic film, pa- specified in this subpart.

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(5) Fail to contact OLE or follow OLE within personal quarters. If inspection instructions when automatic position of a particular area would interfere reporting has been interrupted as spec- with specific on-going scientific re- ified in this subpart. search, and if the operator of the har- (6) Register a VMS transceiver unit vesting vessel makes such assertion registered to more than one vessel at and produces an individual permit that the same time. covers that specific research, the au- (7) Connect or leave connected addi- thorized officer or CCAMLR inspector tional equipment to a VMS unit with- will not disturb the area, but will out the prior approval of the OLE. record the information pertaining to (8) Make a false statement, oral or the denial of access. written, to an authorized officer re- (2) The owner and operator of each garding the installation, use, oper- harvesting vessel must provide to au- ation, or maintenance of a VMS unit or thorized officers and CCAMLR inspec- communication service provider. tors all records and documents per- (9) Fail to operate a Centralized sat- taining to the harvesting activities of ellite-linked vessel monitoring system the vessel, including but not limited to (C–VMS) on board U.S. vessels har- production records, fishing logs, navi- vesting AMLR in the Convention Area gation logs, transfer records, product from the time of leaving port to re- receipts, cargo stowage plans or turning to port. records, draft or displacement calcula- (cc) Fail to use the mitigation meas- tions, customs documents or records, ures required in the course of longline and an accurate hold plan reflecting fishing or longline fishing research in the current structure of the vessel’s the Convention Area to minimize the storage and factory spaces. incidental mortality of seabirds. (3) Before leaving vessels that have (dd) Fail to use the mitigation meas- been inspected, the CCAMLR inspector ures required in the Convention Area will give the master of the vessel a Cer- to minimize the incidental mortality tificate of Inspection and a written no- of seabirds and marine mammals in the tification of any alleged violations of course of trawl fishing. Commission measures in effect and will (ee) Set longlines in Subareas 48.6, afford the master the opportunity to 88.1 and 88.2 Divisions 58.4.1, 58.4.2, comment on it. The ship’s master must 58.4.3a, 58.4.3b and 58.5.2 during day- sign the notification to acknowledge light hours without following the receipt and the opportunity to com- CCAMLR protocol designed to mitigate ment on it. seabird interactions. (b) Reports by non-inspectors. All sci- (ff) Trawl for krill in Convention entists, fishermen, and other non-in- Area fisheries without a seal excluder spectors present in the Convention device. area and subject to the jurisdiction of [61 FR 35550, July 5, 1996, as amended at 65 the United States are encouraged to re- FR 30017, May 10, 2000; 68 FR 23229, May 1, port any violation of Commission con- 2003. Redesignated and amended at 72 FR servation and management measures 48510, 48512, Aug. 23, 2007] observed in the Convention area to the Office of Ocean Affairs (CCAMLR Vio- § 300.118 Facilitation of enforcement lations), Department of State, Room and inspection. 5801, Washington, DC 20520. In addition to the facilitation of en- (c) Storage of AMLRs. The operator of forcement provisions of § 300.5, the fol- each harvesting vessel storing AMLRs lowing requirements apply to this sub- in a storage space on board the vessel part. must ensure that non-resource items (a) Access and records. (1) The owners are neither stowed beneath nor covered and operator of each harvesting vessel by resource items, unless required to must provide authorized officers and maintain the stability and safety of CCAMLR inspectors access to all the vessel. Non-resource items include, spaces where work is conducted or but are not limited to, portable con- business papers and records are pre- veyors, exhaust fans, ladders, nets, fuel pared or stored, including but not lim- bladders, extra bin boards, or other ited to personal quarters and areas moveable non-resource items. These

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non-resource items may be in a re- § 300.119 Penalties. source storage space when necessary for the safety of the vessel or crew or Any person or harvesting vessel for the storage of the items. Lumber, found to be in violation of the Act, this bin boards, or other dunnage may be subpart, or any permit issued under used for shoring or bracing of product this subpart will be subject to the civil to ensure the safety of crew and to pre- and criminal penalty provisions and vent shifting of cargo within the space. forfeiture provisions prescribed in the (d) Disposition of resources denied Act, 15 CFR part 904, and other applica- entry. [Reserved] ble laws. [61 FR 35550, July 5, 1996, as amended at 65 [61 FR 35550, July 5, 1996. Redesignated at 72 FR 30017, May 10, 2000. Redesignated at 72 FR FR 48510, Aug. 23, 2007] 48510, Aug. 23, 2007]

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FIGURE 1 TO SUBPART G OF PART 300—BOUNDARIES OF THE STATISTICAL REPORTING AREA IN THE SOUTHERN OCEAN

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FIGURE 2 TO SUBPART G OF PART 300—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

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Subpart H—Vessels of the United this title and paragraph (b) of this sec- States Fishing in Colombian tion. Particular note should be made to Treaty Waters the reference in § 600.705 to the applicability of title 46 U.S.C., under which a Certificate of Documentation is invalid AUTHORITY: 16 U.S.C. 1801 et seq. when the vessel is placed under the command of a person who is not a cit- § 300.120 Purpose. izen of the United States. This subpart implements fishery con- (b) Minimum size limitations for cer- servation and management measures tain species, such as reef fish in the as provided in fishery agreements pur- Gulf of Mexico, may apply to vessels suant to the Treaty Between the Gov- transiting the EEZ with such species ernment of the United States of Amer- aboard. ica and the Government of the Repub- lic of Colombia Concerning the Status § 300.123 Certificates and permits. of Quita Sueno, Roncador and Serrana (TIAS 10120) (Treaty). (a) Applicability. An owner of a vessel of the United States that fishes in trea- § 300.121 Definitions. ty waters is required to obtain an annual certificate issued by the Republic In addition to the terms defined in of Colombia and an annual vessel per- § 300.2, the Magnuson Act, and § 600.10 of mit issued by the Regional Adminis- this title, and in the Treaty, the terms trator. used in this subpart have the following (b) Application for certificate/permit. (1) meanings. If a term is defined dif- An application for a permit must be ferently in § 300.2, the Magnuson Act, or submitted and signed by the vessel’s the Treaty, the definition in this sec- owner. An application may be sub- tion shall apply. mitted at any time, but should be sub- Conch means Strombus gigas. mitted to the Regional Administrator Factory vessel means a vessel that not less than 90 days in advance of its processes, transforms, or packages need. Applications for the ensuing cal- aquatic biological resources on board. endar year should be submitted to the Lobster means one or both of the fol- Regional Administrator by October 1. lowing: (1) Smoothtail lobster, Panulirus (2) An applicant must provide the fol- laevicauda. lowing: (2) Spiny lobster, Panulirus argus. (i) A copy of the vessel’s valid USCG Regional Administrator means the Di- certificate of documentation or, if not rector, Southeast Region, or a des- documented, a copy of its valid state ignee. registration certificate. Science and Research Director means (ii) Vessel name and official number. the Director, Southeast Fisheries (iii) Name, address, telephone num- Science Center. ber, and other identifying information Treaty waters means the waters of one of the vessel owner or, if the owner is or more of the following: a corporation or partnership, of the re- (1) Quita Sueno, enclosed by latitudes sponsible corporate officer or general 13°55′N. and 14°43′N. between longitudes partner. 80°55′W. and 81°28′W. (iv) Principal port of landing of fish (2) Serrana, enclosed by arcs 12 nau- taken from treaty waters. tical miles from the low water line of (v) Type of fishing to be conducted in the cays and islands in the general area treaty waters. of 14°22′N. lat., 80°20′W. long. (vi) Any other information con- (3) Roncador, enclosed by arcs 12 nau- cerning the vessel, gear characteris- tical miles from the low water line of tics, principal fisheries engaged in, or Roncador Cay, in approximate position fishing areas, as specified on the appli- 13°35′N. lat., 80°05′W. long. cation form. (vii) Any other information that may § 300.122 Relation to other laws. be necessary for the issuance or admin- (a) The relation of this subpart to istration of the permit, as specified on other laws is set forth in § 600.705 of the application form.

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(c) Issuance. (1) The Regional Admin- in the application information required istrator will request a certificate from by paragraph (b)(2) of this section. The the Republic of Colombia if: permit is void if any change in the in- (i) The application is complete. formation is not reported within 30 (ii) The applicant has complied with days. all applicable reporting requirements of § 300.124 during the year immediately § 300.124 Recordkeeping and report- preceding the application. ing. (2) Upon receipt of an incomplete ap- (a) Arrival and departure reports. The plication, or an application from a per- operator of each vessel of the United son who has not complied with all ap- States for which a certificate and per- plicable reporting requirements of mit have been issued under § 300.123 § 300.124 during the year immediately must report by radio to the Port Cap- preceding the application, the Regional tain, San Andres Island, voice radio Administrator will notify the applicant call sign ‘‘Capitania de San Andres,’’ of the deficiency. If the applicant fails the vessel’s arrival in and departure to correct the deficiency within 30 days from treaty waters. Radio reports must of the Regional Administrator’s notifi- be made on 8222.0 kHz or 8276.5 kHz be- cation, the application will be consid- tween 8:00 a.m. and 12 noon, local time ered abandoned. (1300–1700, Greenwich mean time) Mon- (3) The Regional Administrator will day through Friday. issue a permit as soon as the certifi- (b) Catch and effort reports. Each ves- cate is received from the Republic of sel of the United States must report its Colombia. catch and effort on each trip into trea- (d) Duration. A certificate and permit ty waters to the Science and Research are valid for the calendar year for Director on a form available from the which they are issued, unless the per- Science and Research Director. These mit is revoked, suspended, or modified forms must be submitted to the under subpart D of 15 CFR part 904. Science and Research Director so as to (e) Transfer. A certificate and permit be received no later than 7 days after issued under this section are not trans- the end of each fishing trip. ferable or assignable. They are valid only for the fishing vessel and owner § 300.125 Vessel identification. for which they are issued. (f) Display. A certificate and permit (a) Official number. A vessel with a issued under this section must be car- permit issued pursuant to § 300.123, ried aboard the fishing vessel while it when in treaty waters, must display its is in treaty waters. The operator of a official number on the port and star- fishing vessel must present the certifi- board sides of the deckhouse or hull, cate and permit for inspection upon re- and on an appropriate weather deck, so quest of an authorized officer or an en- as to be clearly visible from an enforce- forcement officer of the Republic of Co- ment vessel or aircraft. The official lombia. number must be permanently affixed to (g) Sanctions and denials. Procedures or painted on the vessel and must be in governing enforcement-related permit block arabic numerals in contrasting sanctions and denials are found at sub- color to the background at least 18 part D of 15 CFR part 904. inches (45.7 cm) in height for fishing (h) Alteration. A certificate or permit vessels over 65 ft (19.8 m) in length, and that is altered, erased, or mutilated is at least 10 inches (25.4 cm) in height for invalid. all other vessel. (i) Replacement. A replacement cer- (b) Duties of operator. The operator of tificate or permit may be issued upon each fishing vessel must— request. Such request must clearly (1) Keep the official number clearly state the reason for a replacement cer- legible and in good repair. tificate or permit. (2) Ensure that no part of the fishing (j) Change in application information. vessel, its rigging, fishing gear, or any The owner of a vessel with a permit other material aboard obstructs the must notify the Regional Adminis- view of the official number from an en- trator within 30 days after any change forcement vessel or aircraft.

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§ 300.126 Prohibitions. (b) The operator of, or any other person aboard, any vessel of the United In addition to the general prohibi- States fishing in treaty waters must tions specified in § 600.725 of this title immediately comply with instructions and the prohibited acts specified in and signals issued by an enforcement § 300.4, it is unlawful for any person to officer of the Republic of Colombia to do any of the following: stop the vessel and with instructions to (a) Fish in treaty waters without the facilitate safe boarding and inspection certificate and permit aboard, or fail to of the vessel, its gear, equipment, fish- display the certificate and permit, as ing record, and catch for purposes of specified in § 300.123(a) and (f). enforcing this subpart. (b) Fail to notify the Regional Ad- ministrator of a change in application § 300.128 Penalties. information, as specified in § 300.123(j). (c) Fail to report a vessel’s arrival in Any person committing or fishing and departure from treaty waters, as vessel used in the commission of a vio- required by § 300.124(a). lation of the Magnuson Act or any reg- (d) Falsify or fail to display and ulation issued under the Magnuson maintain vessel identification, as re- Act, is subject to the civil and criminal quired by § 300.125. penalty provisions and civil forfeiture (e) Fail to comply immediately with provisions of the Magnuson Act, to instructions and signals issued by an part 600 of this title, to 15 CFR part 904, enforcement officer of the Republic of and to other applicable law. In addi- Colombia, as specified in § 300.127. tion, Colombian authorities may re- (f) Operate a factory vessel in treaty quire a vessel involved in a violation of waters, as specified in § 300.130(a). this subpart to leave treaty waters. (g) Use a monofilament gillnet in § 300.129 Fishing year. treaty waters, as specified in § 300.130(b). The fishing year for fishing in treaty (h) Use autonomous or semi-autono- waters begins on January 1 and ends on mous diving equipment in treaty wa- December 31. ters, as specified in § 300.130(c). (i) Use or possess in treaty waters a § 300.130 Vessel and gear restrictions. lobster trap or fish trap without a de- (a) Factory vessels. Factory vessels gradable panel, as specified in are prohibited from operating in treaty § 300.130(d). waters. (j) Possess conch smaller than the (b) Monofilament gillnets. A minimum size limit, as specified in monofilament gillnet made from nylon § 300.131(a). or similar synthetic material are pro- (k) Fish for or possess conch in the hibited from being used in treaty wa- closed area or during the closed season, ters. as specified in § 300.131(b) and (c). (c) Tanks and air hoses. Autonomous (l) Retain on board a berried lobster or semiautonomous diving equipment or strip eggs from or otherwise molest (tanks or air hoses) are prohibited from a berried lobster, as specified in being used to take aquatic biological § 300.132(a). resources in treaty waters. (m) Possess a lobster smaller than (d) Trap requirements. A lobster trap the minimum size, as specified in or fish trap used or possessed in treaty § 300.132(b). waters that is constructed of material (n) Fail to return immediately to the other than wood must have an escape water unharmed a berried or under- panel located in the upper half of the sized lobster, as specified in § 300.132(a) sides or on top of the trap that, when and (b). removed, will leave an opening no smaller than the throat or entrance of § 300.127 Facilitation of enforcement. the trap. Such escape panel must be (a) The provisions of § 600.730 of this constructed of or attached to the trap title and paragraph (b) of this section with wood, cotton, or other degradable apply to vessels of the United States material. fishing in treaty waters. (e) Poisons and explosives. [Reserved]

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§ 300.131 Conch harvest limitations. United States under the Magnuson Act. (a) Size limit. The minimum size limit This includes, but is not limited to, ac- for possession of conch in or from trea- tivities of nationals, residents and ves- ty waters is 7.94 oz (225 g) for an sels of the United States (including the uncleaned meat and 3.53 oz (100 g) for a owners and operators of such vessels) cleaned meat. within waters subject to the fisheries (b) Closed area. The treaty waters of jurisdiction of Canada as defined in Quita Sueno are closed to the harvest this subpart, as well as on the high seas or possession of conch. and in waters subject to the fisheries (c) Closed season. During the period jurisdiction of the United States. July 1 through September 30 of each year, the treaty waters of Serrana and § 300.141 Definitions. Roncador are closed to the harvest or In addition to the terms defined in possession of conch. § 300.2 and those in the Magnuson Act and the Agreement, the terms used in § 300.132 Lobster harvest limitations. this subpart have the following mean- (a) Berried lobsters. A berried (egg- ings. If a term is defined differently in bearing) lobster in treaty waters may § 300.2, the Magnuson Act, or the Agree- not be retained on board. A berried lob- ment, the definition in this section ap- ster must be returned immediately to plies. the water unharmed. A berried lobster Applicable Canadian fisheries law may not be stripped, scraped, shaved, means any Canadian law, regulation or clipped, or in any other manner mo- similar provision relating in any man- lested to remove the eggs. (b) Size limit. The minimum size limit ner to fishing by any fishing vessel for possession of lobster in or from other than a Canadian fishing vessel in treaty waters is 5.5 inches (13.97 cm), waters subject to the fisheries jurisdic- tail length. Tail length means the tion of Canada, including, but not lim- measurement, with the tail in a ited to, any provision relating to stow- straight, flat position, from the ante- age of fishing gear by vessels passing rior upper edge of the first abdominal through such waters, and to obstruc- (tail) segment to the tip of the closed tion or interference with enforcement tail. A lobster smaller than the min- of any such law or regulation. imum size limit must be returned im- Authorized officer of Canada means mediately to the water unharmed. any fishery officer, protection officer, officer of the Royal Canadian Mounted Subpart I—United States-Canada Police, or other employee authorized Fisheries Enforcement by the appropriate authority of any national or provincial agency of Canada to enforce any applicable Canadian AUTHORITY: 16 U.S.C. 1801 et seq. fisheries law. § 300.140 Purpose and scope. Canadian fishing vessel means a fishing vessel: This subpart implements the Agree- ment Between the Government of the (1) That is registered or licensed in United States of America and the Gov- Canada under the Canada Shipping Act ernment of Canada on Fisheries En- and is owned by one or more persons forcement executed at Ottawa, Canada, each of whom is a Canadian citizen, a on September 26, 1990 (Agreement), al- person resident and domiciled in Can- lowing each party to the Agreement to ada, or a corporation incorporated take appropriate measures, consistent under the laws of Canada or of a prov- with international law, to prevent its ince, having its principal place of busi- nationals, residents and vessels from ness in Canada; or violating those national fisheries laws (2) That is not required by the Can- and regulations of the other party. ada Shipping Act to be registered or li- This subpart applies, except where oth- censed in Canada and is not registered erwise specified in this subpart, to all or licensed elsewhere but is owned as persons and all places (on water and on described in paragraph (1) of this defi- land) subject to the jurisdiction of the nition.

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Waters subject to the fisheries jurisdic- cense or any other authorization grant- tion of Canada means the internal wa- ed by Canada under any such law. ters, territorial sea, and the zone that (f) Fail to comply immediately with Canada has established, extending 200 any of the enforcement and boarding nautical miles from its coasts, in which procedures specified in § 300.143. it exercises sovereign rights for the (g) Destroy, stave, or dispose of in purpose of exploration, exploitation, any manner, any fish, gear, cargo or conservation and management of living other matter, upon any communication marine resources, to the extent recog- or signal from an authorized officer of nized by the United States. Canada, or upon the approach of such an officer, enforcement vessel or air- § 300.142 Prohibitions. craft, before the officer has had the op- The prohibitions in this section apply portunity to inspect same, or in con- within waters subject to the fisheries travention of directions from such an jurisdiction of Canada and during hot officer. pursuit therefrom by an authorized of- (h) Refuse to allow an authorized officer of Canada. It is unlawful for any ficer of Canada to board a vessel for the national or resident of the United purpose of conducting any inspection, States, or any person on board a vessel search, seizure, investigation or arrest of the United States, or the owner or in connection with the enforcement of operator of any such vessel, to do any any applicable Canadian fisheries law. of the following: (i) Assault, resist, oppose, impede, intimidate, threaten, obstruct, delay, (a) Engage in fishing in waters sub- prevent, or interfere, in any manner, ject to the fisheries jurisdiction of Can- with an authorized officer of Canada in ada without the express authorization the conduct of any boarding, inspec- of the Government of Canada. tion, search, seizure, investigation or (b) Take or retain fish in waters sub- arrest in connection with the enforce- ject to the fisheries jurisdiction of Can- ment of any applicable Canadian fish- ada without the express authorization eries law. of the Government of Canada. (j) Make any false statement, oral or (c) Be on board a fishing vessel in wa- written, to an authorized officer of ters subject to the fisheries jurisdic- Canada in response to any inquiry by tion of Canada, without stowing all that officer in connection with enforce- fishing gear on board either: ment of any applicable Canadian fish- (1) Below deck, or in an area where it eries law. is not normally used, such that the (k) Falsify, cover, or otherwise ob- gear is not readily available for fish- scure, the name, home port, official ing; or number (if any), or any other similar (2) If the gear cannot readily be marking or identification of any fish- moved, in a secured and covered man- ing vessel subject to this subpart such ner, detached from all towing lines, so that the vessel cannot be readily iden- that it is rendered unusable for fishing; tified from an enforcement vessel or unless the vessel has been authorized aircraft. by the Government of Canada to fish in (l) Attempt to do any of the fore- the particular location within waters going. subject to the fisheries jurisdiction of Canada in which it is operating. § 300.143 Facilitation of enforcement. (d) While on board a fishing vessel in (a) General. Persons aboard fishing waters subject to the fisheries jurisdic- vessels subject to this subpart must tion of Canada, fail to respond to any immediately comply with instructions inquiry from an authorized officer of and/or signals issued by an authorized Canada regarding the vessel’s name, officer of the United States or Canada, flag state, location, route or destina- or by an enforcement vessel or aircraft, tion, and/or the circumstances under to stop the vessel, and with instruc- which the vessel entered such waters. tions to facilitate safe boarding and in- (e) Violate the Agreement, any appli- spection for the purpose of enforcing cable Canadian fisheries law, or the any applicable Canadian fisheries law, terms or conditions of any permit, li- the Agreement, or this subpart. All of

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the provisions of § 300.5 regarding com- part 904 (Civil Procedures), and any munications, boarding, and signals other applicable law or regulation. apply to this subpart. For purposes of this subpart, authorized officer in § 305 Subpart J—U.S. Nationals Fishing means an authorized officer of the United States or Canada. (See para- in Russian Fisheries graph (b) of this section for specific requirements for complying with signals AUTHORITY: 16 U.S.C. 1801 et seq. and instructions issued by an authorized officer of Canada.) § 300.150 Purpose. (b) Canadian signals. In addition to This subpart regulates U.S. nationals signals set forth in § 300.5, persons fishing in the Russian fisheries and im- aboard fishing vessels subject to this plements the Agreement between the subpart must immediately comply with Government of the United States of the following signals by an authorized America and the Government of the officer of Canada. Union of Soviet Socialist Republics on (1) Authorized officers of Canada use Mutual Fisheries Relations, signed the following signals to require fishing May 31, 1988. vessels to stop or heave to: (i) The hoisting of a rectangular flag, § 300.151 Definitions. known as the International Code Flag ‘‘L’’, which is divided vertically and In addition to the terms defined in horizontally into quarters and colored § 300.2 and those in the Magnuson Act, so that: the terms used in this subpart have the (A) The upper quarter next to the following meanings. If a term is de- staff and the lower quarter next to the fined differently in § 300.2 or the Mag- fly are yellow; and nuson Act, the definition in this sec- (B) The lower quarter next to the tion shall apply. staff and the upper quarter next to the Affiliates means two persons (includ- fly are black; ing individuals and entities) related in (ii) The flashing of a light to indicate such a way that— the International Morse Code letter (1) One indirectly or directly controls ‘‘L’’, consisting of one short flash, fol- or has power to control the other; or lowed by one long flash, followed by (2) A third party controls or has two short flashes (. — . .); or power to control both. Indicia of con- (iii) The sounding of a horn or whis- trol include, but are not limited to, tle to indicate the International Morse interlocking management or owner- Code letter ‘‘L’’, consisting of one ship, identity of interests among fam- short blast, followed by one long blast, ily members, shared facilities and followed by two short blasts (. — . .). equipment, common use of employees, (2) Authorized officers of Canada use or a reorganized entity having the the following signals to require a fish- same or similar management, owner- ing vessel to prepare to be boarded: ship, or employees as a former entity. (i) The hoisting of flags representing the International Code Flag ‘‘SQ3’’; or Agreement means the Agreement Be- (ii) The flashing of a light, or the tween the Government of the United sounding of a horn or whistle, to indi- States of America and the Government cate the International Morse Code Sig- of the Union of Soviet Socialist Repub- nal ‘‘SQ3’’ (. . .——.—. . .——). lics on Mutual Fisheries Relations, signed May 31, 1988. § 300.144 Penalties and sanctions. Embassy of the Russian Federation Any person, any fishing vessel, or the means the Fisheries Attache of the em- owner or operator of any such vessel, bassy located in Washington, D.C. who violates any provision of the Fishery resource means any fish, any Agreement or this subpart, is subject stock of fish, any species of fish, and to the civil and criminal fines, pen- any habitat of fish. alties, forfeitures, permit sanctions, or Fishing or to fish means any activity other sanctions provided in the Magnu- that does, is intended to, or can reason- son Act, part 600 of this title, 15 CFR ably be expected to result in catching

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or removing from the water fishery re- has sovereign rights over the fishery sources. Fishing also includes the acts resources. of scouting, processing, and support. Russian Federation or Russia means Operator, with respect to any vessel, the governing entity that succeeded means the master or other individual the Union of Soviet Socialist Repub- on board and in charge of either the lics, and that is the successor party to vessel, the vessel’s fishing operation, or the Agreement of May 31, 1988. both. Russian fisheries, Russian fishery re- Owner, with respect to any vessel, sources, or fishery resources over which means any person who owns that vessel Russia exercises sovereign rights or fish- in whole or in part, whether or not it is ery management authority means fishery leased or chartered to or managed by resources within the Russian EZ, fish- another person, or any charterer, ery resources of the Russian conti- whether bareboat, time, or voyage, and nental shelf, and anadromous species any person who acts in the capacity of that originate in the waters of Russia, a charterer, or manager, including but whether found in the Russian EZ or be- not limited to parties to a management yond any exclusive economic zone or agreement, operating agreement, or its equivalent. any similar agreement that bestows Scouting means any operation by a control over the destination, function, vessel exploring (on behalf of the vessel or operation of the vessel, any officer, or another vessel) for the presence of director, manager, controlling share- fish by any means that do not involve holder of any entity described in this the catching of fish. definition, any agent designated as Support means any operation by a such by any person described in this vessel assisting fishing by another ves- definition, and any affiliate of any per- sel, including— son described in this definition. (1) Transferring or transporting fish Processing means any operation by a or fish products; or vessel to receive fish from a fishing (2) Supplying a fishing vessel with vessel and/or the preparation of fish, water, fuel, provisions, fishing equip- including but not limited to cleaning, ment, fish processing equipment, or cooking, canning, smoking, salting, other supplies. drying, or freezing, either on the vessel’s behalf or to assist another vessel. § 300.152 Procedures. Regional Administrator means Direc- (a) Application for annual permits. U.S. tor, Alaska Region, or a designee. vessel owners and operators must have Relevant laws and regulations of the a valid permit issued by the Russian Russian Federation means those Rus- Federation obtained pursuant to a sian laws and regulations that concern complete application submitted fishing for fishery resources over which through NMFS before fishing in the Russia exercises sovereign rights or Russian EZ or for Russian fishery re- fishery management authority. sources. Application forms and copies Russian and Federation mean the Rus- of applicable laws and regulations of sian Federation, its government, or the Russian Federation may be ob- any organ or entity of its government. tained from NMFS Headquarters. Russian continental shelf or conti- (b) Other application information. Ap- nental shelf of Russia means the seabed plications for motherships, processing and subsoil of the submarine areas over or transport vessels must identify the which, consistent with international type of fishing gear to be employed or law, Russia exercises sovereign rights. the fishing quotas if the vessel has re- Russian Economic Zone or Russian EZ ceived or is requesting a quota. To fa- means a zone of waters off the coast of cilitate processing, NMFS requests Russia beyond and adjacent to the Rus- that permit applications for more than sian territorial sea extending a dis- 10 vessels be grouped by type and fish- tance of up to 200 nautical miles from ing area, and provide the name, ad- the baseline from which the territorial dress, telephone, and FAX number(s) of sea is measured, within which, con- an individual who will be the official sistent with international law, Russia point of contact for an application.

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(c) Review of Applications. NMFS will (2) Such application has been ap- review each application, and, if it is proved and a permit issued by the com- complete, forward it to the Department petent authorities of the Russian Fed- of State for submission to the com- eration as provided in paragraph (a) of petent authorities of the Russian Fed- this section. eration. NMFS will notify the permit (3) The U.S. Department of State has applicant when the permit is submitted notified the competent authorities of to the Russian Federation. NMFS will the Russian Federation that it has ac- return incomplete applications to the cepted the conditions and restrictions applicant. as provided in paragraph (a) of this sec- (d) Direct Communication. U.S. appli- tion. The permit will be rendered in- cants may communicate directly with valid by: The transfer or sale of the the Russian Federation with regard to permit specified in paragraph (a) of the status of their applications or per- this section; the failure to submit to mits and are encouraged to do so. Own- NMFS any changes in permit applica- ers and operators should make direct tion information as required by para- contact and work with Russian indus- graph (a) of this section; failure to sub- try and government authorities. mit to NMFS any permit copy required by paragraph (b) of this section or any § 300.153 Permit issuance. other information or report required by any other provision of this subpart; or (a) Acceptance. Once the Department the failure to pay required permit fees. of State has accepted the conditions (d) Russian-imposed sanctions. (1) The and restrictions proposed by the Rus- Russian Federation will impose appro- sian Federation and all fees have been priate fines, penalties, or forfeitures in paid, the competent authorities of the accordance with its laws, for violations Russian Federation will approve the of its relevant laws or regulations. application. The Russian Federation (2) In the case of arrest and seizure of will issue a permit to the vessel owner a U.S. vessel by Russian authorities, for each fishing vessel for which it has notification will be given promptly approved an application. That vessel through diplomatic channels informing will thereupon be authorized by the the United States of the facts and ac- Russian Federation to fish in accord- tions taken. ance with the Agreement and the (3) The Russian Federation will re- terms and conditions set forth in the lease U.S. vessels and their crews permit. The vessel owner is prohibited promptly, subject to the posting of rea- from transferring the permit to any sonable bond or other security. other vessel or person. Any such trans- (4) The sanctions for violations of fer, or the sale or other transfer of the limitations or restrictions on fishing vessel, will immediately invalidate the operations will be appropriate fines, permit. The vessel owner must notify penalties, forfeitures, or revocations or NMFS of any change in the permit ap- suspensions of fishing privileges. plication information submitted to NMFS Headquarters under § 300.152 § 300.154 Recordkeeping and report- within 7 calendar days of the change. ing. (b) Copies. The vessel owner and oper- (a) General. The owner and operator ator must mail a copy of each permit of a vessel subject to this subpart are and any conditions and restrictions responsible for complying with all rec- issued for that vessel by the Russian ordkeeping and reporting requirements Federation within 7 calendar days of in this part in a timely and accurate its receipt to NMFS Headquarters. manner. Reports and records required (c) Validity. Any permit issued by the by this subpart must be in English, in Russian Federation with respect to a the formats specified, and unless other- vessel subject to this subpart will be wise specified, based on Greenwich deemed to be a valid permit only if: mean time (GMT). (1) A completed permit application (b) Vessel permit abstract report. (1) has been forwarded to the competent The owner and operator of a vessel sub- authorities of the Russian Federation ject to this subpart must submit to as provided in § 300.152(b)(1). NMFS Headquarters a permit abstract

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report containing the following infor- the sender’s name and telephone num- mation: ber, and FAX, TELEX, and COMSAT (i) Vessel name. numbers; the date (month and day) and (ii) Russian Federation permit num- time (hour and minute GMT) that the ber. report is submitted to NMFS; and the (iii) Duration of permit (e.g., 1/1/91–12/ intended date and U.S. port of landing. 31/91). A list of species and product codes may (iv) Authorized areas of fishing oper- be obtained from the Regional Admin- ations in geographic coordinates. istrator. (v) Authorized catch quota in tons. (d) Recordkeeping. The owner and op- (vi) Authorized fishing gear. erator of a vessel subject to this sub- (vii) Type of permit (e.g., catcher). part must retain all copies of all re- (2) The report must be telefaxed to ports required by this subpart on board (301) 713–0596 within 5 calendar days of the vessel for 1 year after the end of receipt of the Russian permit. the calendar year in which the report (c) Activity reports. The owner and op- was generated. The owner and operator erator of a vessel subject to this sub- must retain and make such records part must submit to the Regional Ad- available for inspection upon the re- ministrator by telefax to (907) 586–7313, quest of an authorized officer at any the following reports: time for 3 years after the end of the (1) Depart Report (Action code DE- calendar year in which the report was PART). At least 24 hours before the generated, whether or not such records vessel departs from the EEZ for the on board the vessel. Russian EZ, NMFS must receive the following information: § 300.155 Requirements. (i) The date (month and day), and (a) Compliance with permit require- time (hour and minute GMT), and posi- ments. (1) U.S. nationals and vessels tion (latitude and longitude to the subject to this subpart must have a nearest degree and minute), at which valid permit, as specified in § 300.153(c) the vessel will depart the EEZ for the in order to fish for Russian fishery re- Russian EZ. sources. (ii) The weight in metric tons (to the (2) U.S. nationals and vessels subject nearest hundredth of a metric ton) of to this subpart that are fishing for Rus- all fish and fish product (listed by spe- sian fishery resources must comply cies and product codes) on board the with all provisions, conditions, and re- vessel at the time it will depart the strictions of any applicable permit. EEZ. (b) Compliance with Russian law. U.S. (2) Return Report (Action code RE- nationals and vessels fishing for Rus- TURN). At least 24 hours before a ves- sian fishery resources must comply sel that has been in the Russian EZ en- with the relevant laws and regulations ters the EEZ, NMFS must receive the of the Russian Federation. following information: (c) Protection of marine mammals. U.S. (i) The date (month and day), time nationals and vessels fishing for Rus- (hour and minute GMT), and position sian fishery resources may not harass, (latitude and longitude to the nearest hunt, capture, or kill any marine mam- degree and minute), at which the vessel mal within the Russian EZ, attempt to will enter the EEZ. do so, except as may be provided for by (ii) The weight in metric tons (to the an international agreement to which nearest hundredth of a metric ton) of both the United States and Russia are all fish and fish products (listed by spe- parties, or in accordance with specific cies and product codes) on board the authorization and controls established vessel at the time it will enter the by the Russian Federation. The provi- EEZ, and the areas (Russian EZ, U.S. sions of the Marine Mammal Protec- EEZ, or other) in which such fish prod- tion Act (MMPA), 16 U.S.C. 1361 et seq. ucts were harvested or received. also apply to any person or vessel sub- (3) All reports must specify: The ap- ject to the jurisdiction of the United propriate action code (‘‘DEPART’’ or States while in the Russian EZ, and it ‘‘RETURN’’); the vessel’s name and shall not be a defense to any violation international radio call sign (IRCS); of the MMPA that the person or vessel

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was acting in accordance with any per- § 300.156 Prohibited acts. mit or authorization issued by the Rus- In addition to the prohibited acts sian Federation. specified at § 300.4, it shall be unlawful (d) Cooperation with enforcement proce- for any U.S. national or vessel, or the dures. (1) The operator of, or any per- owner or operator of any such vessel: son aboard, any U.S. vessel subject to (a) To fish for Russian fishery re- this subpart must immediately comply sources without a valid permit issued with instructions and signals issued by by the competent authorities of the an authorized officer of the Russian Russian Federation. Federation to stop the vessel and with (b) To violate the provisions, condi- instructions to facilitate safe boarding tions, and restrictions of an applicable and inspection of the vessel, its gear, permit. equipment, fishing record, and catch (c) To violate the relevant laws and for purposes of enforcing the relevant regulations of Russia. laws and regulations of Russia. (d) To harass, hunt, capture, or kill (2) The operator of, and any person any marine mammal within the Rus- aboard, any U.S. vessel subject to this sian EZ, or while fishing for Russian subpart, must comply with directions fishery resources, except as provided in issued by authorized officers of the § 300.155 (c). Russian Federation in connection with (e) To fail to comply immediately the seizure of the vessel for violation of with enforcement and boarding proce- the relevant laws or regulations of the dures specified in § 300.155 (d). Russian Federation. (f) To refuse to allow an authorized (3) U.S. nationals and vessels subject officer of the Russian Federation to to this subpart must pay all fines and board and inspect a vessel subject to penalties and comply with forfeiture this subpart for purposes of conducting sanctions imposed by the Russian Fed- any search, inspection, arrest, or sei- eration for violations of its relevant zure in connection with the enforce- laws and regulations. ment of the relevant laws and regula- (4) The operator of, and any person tions of the Russian Federation. aboard, any U.S. vessel subject to this (g) To assault, resist, oppose, impede, subpart must immediately comply with intimidate, threaten, or interfere with, instructions and signals issued by an in any manner, any authorized officer authorized officer of the United States of the Russian Federation in the con- to stop the vessel and with instructions duct of any search, inspection, seizure, to facilitate safe boarding and inspec- or arrest in connection with enforce- tion of the vessel, its gear, equipment, ment of the relevant laws and regula- fishing records, and catch for purposes tions of the Russian Federation. of enforcing the Magnuson Act, the (h) To fail to pay fines or penalties or Agreement, and this subpart. comply with forfeitures imposed for a (e) Compliance with observer require- violation of the relevant laws and regu- ments. The owner of, operator of, and lations of the Russian Federation. any person aboard, any U.S. vessel fish- (i) To refuse or fail to allow a Rus- ing in the Russian EZ or for Russian sian observer to board a vessel subject fishery resources to which a Russian to this subpart while fishing in the observer is assigned must— Russian EZ, or for Russian fishery re- (1) Allow and facilitate, on request, sources. boarding of a U.S. vessel by the ob- (j) To fail to provide to a Russian observer. server aboard a vessel fishing in the (2) Provide to the observer, at no cost Russian EZ or for Russian fishery re- to the observer or the Russian Federa- sources, the courtesies and accom- tion, the courtesies and accommoda- modations provided to ship’s officers. tions provided to ship’s officers. (k) To assault, resist, oppose, impede, (3) Cooperate with the observer in the intimidate, threaten, interfere with, conduct of his or her official duties. harass, or fail to cooperate, in any (4) Reimburse the Russian Federation manner, with a Russian observer for the costs of providing an observer placed aboard a vessel subject to this aboard the vessel. subpart.

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(l) To fail to reimburse the Russian § 300.160 Requirement for marking of Federation for the costs incurred in the containers or packages. utilization of Russian observers placed Except as otherwise provided in this aboard such vessel. subpart, all persons are prohibited (m) To possess, have custody or con- from importing, exporting, or trans- trol of, ship, transport, offer for sale, porting in interstate commerce any sell, purchase, transship, import, ex- container or package containing any port, or traffic in any manner, any fish fish or wildlife (including shellfish) un- or parts thereof taken or retained, less each container or package is con- landed, purchased, sold, traded, ac- spicuously marked on the outside with quired, or possessed, in any manner, in both the name and address of the ship- violation of the relevant laws and regu- per and consignee and an accurate list lations of the Russian Federation, the of its contents by species and number of each species. Magnuson Act, or this subpart. (n) To enter the Russian EZ to fish § 300.161 Alternatives and exceptions. unless a permit application has been (a) The requirements of § 300.160 may submitted through NMFS to the com- be met by complying with one of the petent authorities of the Russian Fed- following alternatives to the marking eration by the U.S. Department of requirement: State for such vessel as provided in (1)(i) Conspicuously marking the out- this subpart. side of each container or package con- (o) To fish for Russian fisheries or to taining fish or wildlife with the word possess fish taken in Russian fisheries ‘‘fish’’ or ‘‘wildlife’’ as appropriate for on board a vessel subject to this sub- its contents, or with the common name part without a valid permit or other of its contents by species, and valid form of authorization issued by (ii) Including an invoice, packing the competent authorities of the Rus- list, bill of lading, or similar document sian Federation on board the vessel. to accompany the shipment that accu- (p) To falsify, or fail to report to rately states the name and address of NMFS, any change in the information the shipper and consignee, states the total number of packages or containers contained in a permit application sub- in the shipment, and for each species in ject to this subpart within 7 calendar the shipment specifies: The common days of such change. name that identifies the species (exam- (q) To attempt to do, cause to be ples include: chinook (or king) salmon; done, or aid and abet in doing, any of bluefin tuna; and whitetail deer); and the foregoing. the number of that species (or other (r) To violate any other provision of appropriate measure of quantity such this subpart. as gross or net weight). The invoice, packing list, bill of lading, or equiva- § 300.157 Penalties. lent document must be securely at- In addition to any fine, penalty, or tached to the outside of one container forfeiture imposed by the Russian Fed- or package in the shipment or other- eration, nationals and vessels of the wise physically accompany the ship- United States violating the prohibi- ment in a manner that makes it read- tions of § 300.156 are subject to the ily accessible for inspection; or fines, penalties, and forfeitures and the (2) Affixing the shipper’s wildlife import/export license number preceded by adjudicative procedures provided in the ‘‘FWS’’ on the outside of each con- Magnuson Act, 16 U.S.C. 1858, 1860, 1861, tainer or package containing fish or and any other applicable laws and reg- wildlife if the shipper has a valid wild- ulations of the United States. life import/export license issued under authority of part 14 of this title. For Subpart K—Transportation and each shipment marked in accordance Labeling of Fish or Wildlife with this paragraph (a)(2), the records maintained under § 14.93(d) of this title must include a copy of the invoice, AUTHORITY: 16 U.S.C. 3371–3378. packing list, bill of lading, or other

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similar document that accurately § 300.170 Purpose and scope. states the information required by The regulations in this subpart gov- paragraph (a)(1)(ii) of this section. ern fishing by U.S. vessels in waters (3) In the case of subcontainers or under the fisheries jurisdiction of Can- packages within a larger packing con- ada pursuant to the 1981 Treaty Be- tainer, only the outermost container tween the Government of the United must be marked in accordance with States of America and the Government this section, provided, that for live fish of Canada on Pacific Coast Albacore or wildlife that are packed in subcon- Tuna Vessels and Port Privileges as tainers within a larger packing con- amended in 2002. Regulations governing tainer, if the subcontainers are num- fishing by Canadian vessels in waters bered or labeled, the packing list, in- under the fisheries jurisdiction of the voice, bill of lading, or other similar United States pursuant to this Treaty document, must reflect that number or as amended in 2002 are found at § 600.530 label. of chapter VI of this title. (4) A conveyance (truck, plane, boat, § 300.171 Definitions. etc.) is not considered a container for purposes of requiring specific marking In addition to the definitions in the of the conveyance itself, provided that: Magnuson-Stevens Fishery Conserva- tion and Management Act and § 600.10 (i) The fish or wildlife within the con- of Chapter VI of this title, the terms veyance is carried loosely or is readily used in this subpart have the following identifiable, and is accompanied by the meanings: document required by paragraph Fishing under the Treaty as amended in (a)(1)(ii) of this section; or 2002 means to engage in fishing for al- (ii) The fish or wildlife is otherwise bacore tuna in waters under the fish- packaged and marked in accordance eries jurisdiction of Canada seaward of with this subpart. 12 nautical miles from the baseline (b) The requirements of § 300.160 of from which the territorial sea is meas- chapter III of this title do not apply to ured. containers or packages containing— Regional Administrator means the Re- (1) Fox, nutria, rabbit, mink, chin- gional Administrator, Southwest Re- chilla, marten, fisher, muskrat, and gion, NMFS, 501 W. Ocean Boulevard, karakul that have been bred and born Suite 4200, Long Beach, CA 90802–4213, in captivity, or their products, if a or a designee. signed statement certifying that the Reporting Office means the office des- animals were bred and born in cap- ignated by the Regional Administrator to take hail-in and hail-out reports tivity accompanies the shipping docu- from U.S. and Canadian vessel opera- ments; tors. (2) Fish or shellfish contained in re- Treaty means the 1981 Treaty Be- tail consumer packages labeled pursu- tween the Government of the United ant to the Food, Drug and Cosmetic States of America and the Government Act, 21 U.S.C. 301 et seq.; or of Canada on Pacific Coast Albacore (3) Fish or shellfish that are landed Tuna Vessels and Port Privileges as by, and offloaded from, a fishing vessel amended in 2002. (whether or not the catch has been carried by the fishing vessel interstate), as § 300.172 Vessel list. long as the fish or shellfish remain at The ‘‘vessel list’’ is the list of U.S. the place where first offloaded. vessels that are authorized to fish under the Treaty as amended in 2002. Subpart L—Pacific Albacore Tuna Only a vessel on the list for at least 7 Fisheries days may engage in fishing in Canadian waters under the Treaty as amended in 2002. The owner of any U.S. vessel that AUTHORITY: Sec. 401, Pub. L. 108-219, 118 wishes to be eligible to fish for alba- Stat. 616 (16 U.S.C. 1821 note). core tuna under the Treaty as amended SOURCE: 69 FR 31535, June 4, 2004, unless in 2002 must provide the Regional Ad- otherwise noted. ministrator or his designee with the

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vessel name, the owner’s name and ad- § 300.175 Hail-in and hail-out reports. dress, phone number where the owner (a) The operator of any U.S. vessel can be reached, the USCG documenta- that wishes to engage in fishing in wa- tion number (or state registration ters under the fisheries jurisdiction of number if not documented), and vessel Canada must file a hail-in report to the operator (if different from the owner) Reporting Office at least 24 hours prior and his or her address and phone num- to engaging in fishing in such waters. ber. On the date that NMFS receives a (b) The operator of a U.S. vessel that request that includes all the required has been fishing under the Treaty as information, NMFS will place the ves- amended in 2002 must file a hail-out re- sel on the annual vessel list. NMFS port to the Reporting Office within 24 will notify fishermen by a confirma- hours of departing waters under the tion letter or email of the date the ves- fisheries jurisdiction of Canada. sel was placed on the list. Because the vessel list will revert to zero vessels on § 300.176 Prohibitions. December 31 of each year, the required information must be provided in the It is prohibited for the owner or oper- manner specified on an annual basis. ator of a U.S. fishing vessel to: (a) Engage in fishing in waters under [72 FR 19123, Apr. 17, 2007] the fisheries jurisdiction of Canada if: (1) The vessel has not been on the list § 300.173 Vessel identification. of fisheries pursuant to § 300.172 for at A U.S. vessel fishing under the Trea- least 7 days; ty as amended in 2002 must be marked (2) The vessel is not clearly marked with its name and vessel identification as required under § 300.173; prominently displayed where they will (3) The vessel operator has not filed a be clearly visible both from the air and hail-in report with the Reporting Office from a surface vessel. Vessel identifica- as required under § 300.175(a); or tion means the U.S. Coast Guard Docu- (4) The Regional Administrator has mentation number (or if not docu- announced that the U.S. limit on fish- mented, the state registration number) ing under the Treaty as amended in followed by the letter U in the same 2002 has been reached. height and size as the numerals. Nu- (b) Fail to maintain and submit log- merals and the letter U must meet the book records of catch and effort statis- size requirements of § 660.704 of chapter tics as required under § 300.174; VI of this title. (c) Fail to report an exit from waters under the fisheries jurisdiction of Can- § 300.174 Logbook reports. ada as required by § 300.175(b). The owner of any U.S. vessel that fishes for albacore tuna in Canadian Subpart M—International Trade waters under the Treaty as amended in Documentation and Tracking 2002 must maintain and submit to the Programs for Highly Migratory Regional Administrator a logbook of Species catch and effort of such fishing. The logbook form will be provided to the vessel owner as soon as practicable AUTHORITY: 16 U.S.C. 951–961 and 971 et seq.; after the request to be placed on the 16 U.S.C. 1801 et seq. list of vessels. The logbook must be SOURCE: 69 FR 67277, Nov. 17, 2004, unless submitted to the Regional Adminis- otherwise noted. trator within 15 days of the end of a trip, regardless of whether the trip § 300.180 Purpose and scope. ends by reentry to U.S. waters or entry The regulations in this subpart are to Canada’s territorial sea, other Cana- issued under the authority of the At- dian waters in which fishing is not per- lantic Tunas Convention Act of 1975 mitted, or a Canadian port. If the de- (ATCA), Tuna Conventions Act of 1950, parture is due to exit to the high seas, and Magnuson-Stevens Act. The regu- the vessel operator must submit the lations implement the recommenda- logbook within 7 days of its next land- tions of the International Commission ing. for the Conservation of Atlantic Tunas

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(ICCAT) for the conservation and man- Dealer tag means the numbered, flexi- agement of tuna and tuna-like species ble, self-locking ribbon issued by in the Atlantic Ocean and of the Inter- NMFS for the identification of Atlan- American Tropical Tuna Commission tic bluefin tuna sold to a dealer per- (IATTC) for the conservation and man- mitted under § 635.4 of this title as re- agement of highly migratory fish required under § 635.5(b) of this title. sources in the Eastern Tropical Pacific Entered for consumption has the same Ocean, so far as they affect vessels and meaning as in 19 CFR 141.0a(f) and gen- persons subject to the jurisdiction of erally refers to the filing of an entry the United States. summary for consumption with customs authorities, in proper form, with § 300.181 Definitions. estimated duties attached. Atlantic bluefin tuna means the spe- Entry for consumption, for purposes of cies Thunnus thynnus found in the At- this subpart, has the same meaning as lantic Ocean. entry for consumption, withdrawal BCD tag means a numbered tag af- from warehouse for consumption, or fixed to a bluefin tuna issued by any entry for consumption of merchandise country in conjunction with a catch from a foreign trade zone, as provided statistics information program and re- under 19 CFR parts 101.1, 141, 144, and corded on a BCD. 146. For purposes of this subpart, ‘‘entry for consumption’’ generally Bigeye tuna means the species means an import into the Customs ter- Thunnus obesus found in any ocean ritory of the United States or the sepa- area. rate customs territory of a U.S. insular Bluefin Tuna Catch Document (BCD) possession, for domestic use, that is means a bluefin tuna catch document classified for customs purposes in the issued by a nation implementing the ‘‘consumption’’ category (entry type ICCAT bluefin tuna catch documenta- codes 00–08) or withdrawal from ware- tion program. house or foreign trade zone for con- BSD tag means a numbered tag af- sumption category (entry type codes fixed to a bluefin tuna issued by any 30–34 and 38). For purposes of this sub- country in conjunction with a catch part, HMS destined from one foreign statistics information program and re- country to another, which transits the corded on a bluefin tuna statistical Customs territory of the United States document (BSD). or the separate customs territory of a CBP means the U.S. Customs and U.S. insular possession, and is not clas- Border Protection. sified as an entry for consumption CCSBT means the Commission for the upon release from CBP or other cus- Conservation of Southern Bluefin Tuna toms custody, is not an entry for con- established pursuant to the Convention sumption under this definition. for the Conservation of Southern Entry number, for purposes of this Bluefin Tuna. subpart, means the unique number/ Consignment document means either identifier assigned by customs authori- an ICCAT Atlantic BCD or a catch doc- ties for each entry into a customs ter- ument issued by a nation to comply ritory. For CBP, the entry number is with the ICCAT BCD program; or an assigned at the time of filing an entry ICCAT, IATTC, IOTC, or CCSBT statis- summary (CBP Form 7501 or equivalent tical document or a statistical docu- electronic filing) for entries into the ment issued by a nation to comply Customs territory of the United States. with such statistical document pro- Export, for purposes of this subpart, grams. means to effect exportation. Consignment documentation programs Exportation has the same general means the ICCAT, IOTC, IATTC or meaning as 19 CFR 101.1 and generally CCSBT catch document or statistical refers to a severance of goods from the document programs. mass of things belonging to one coun- Customs territory of the United States try with the intention of uniting them has the same meaning as in 19 CFR to the mass of things belonging to 101.1 and includes only the States, the some foreign country. For purposes of District of Columbia, and Puerto Rico. this subpart, a shipment between the

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United States and its insular posses- part, ‘‘importer’’ means the consignee sions is not an export. as identified on entry documentation Exporter, for purposes of this subpart, or any authorized, equivalent elec- is the principal party in interest, tronic medium required for release of meaning the party that receives the shipments from the customs authority primary benefit, monetary or other- of the United States or the separate wise, of the export transaction. For ex- customs territory of a U.S. insular pos- ports from the United States, the ex- session. If a consignee is not declared, porter is the U.S. principal party in in- then the importer of record is consid- terest, as identified in Part 30 of title ered to be the consignee. 15 of the CFR. An exporter is subject to Insular possession of the United States the requirements of this subpart, even or U.S. insular possession, for purposes if exports are exempt from statistical of this subpart, means the Common- reporting requirements under Part 30 wealth of the Northern Mariana Is- of title 15 of the CFR. lands, Guam, American Samoa, and Finlet means one of the small indi- other possessions listed under 19 CFR vidual fins on a tuna located behind 7.2, that are outside the customs terri- the second dorsal and anal fins and for- tory of the United States. ward of the tail fin. Intermediate country means a country Fish or fish products regulated under that exports to another country HMS this subpart means bluefin tuna, frozen previously imported as an entry for bigeye tuna, southern bluefin tuna and consumption by that nation. A ship- swordfish and all such products of ment of HMS through a country on a these species, except parts other than through bill of lading, or in another meat (e.g., heads, eyes, roe, guts, and manner that does not enter the ship- tails), and shark fins. ment into that country as an entry for IATTC means the Inter-American consumption, does not make that coun- Tropical Tuna Commission, established try an intermediate country under this pursuant to the Convention for the Es- definition. tablishment of an Inter-American IOTC means the Indian Ocean Tuna Tropical Tuna Commission. Commission established pursuant to ICCAT means the International Com- the Agreement for the Establishment mission for the Conservation of Atlan- of the Indian Ocean Tuna Commission tic Tunas established pursuant to the approved by the Food and Agriculture International Convention for the Con- Organization (FAO) Council of the servation of Atlantic Tunas. United Nations. Import means to land on, bring into, or introduce into, or attempt to land Pacific bluefin tuna means the species on, bring into, or introduce into, any Thunnus orientalis found in the Pacific place subject to the jurisdiction of the Ocean. United States, whether or not such Permit holder, for purposes of this landing, bringing or introduction con- subpart, means, unless otherwise speci- stitutes an importation within the fied, a person who obtains a trade per- meaning of the customs laws of the mit under § 300.182. United States. Import, for purposes of Re-export, for purposes of this sub- this subpart, does not include any ac- part, means the export of goods that tivity described in the previous sen- were previously entered for consump- tence with respect to fish caught in the tion into the customs territory of a exclusive economic zone or by a vessel country. of the United States. For purposes of RFMO, as defined under this subpart, this subpart, goods brought into the means regional fishery management United States from a U.S. insular pos- organization, including CCSBT, IATTC, session, or vice–versa, are not consid- ICCAT, or IOTC. ered imports. Separate customs territory of a U.S. in- Importer, for purposes of this subpart, sular possession means the customs ter- means the principal party responsible ritory of a U.S. insular possession when for the import of product into a coun- that possession’s customs territory is try. For imports into the United not a part of the Customs territory of States, and for purposes of this sub- the United States.

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Shark fin, for purposes of this sub- (c) Issuance. NMFS will notify the ap- part, means any fin removed from a plicant of any deficiency in the appli- shark, which is an animal of the Lin- cation, including failure to provide in- naean taxonomic superorder formation or reports required under Selachimorpha, subclass this subpart. If the applicant fails to Elasmobranchii, class Chondrichthyes. correct the deficiency within 30 days Southern bluefin tuna means the spe- following the date of notification, the cies Thunnus maccoyii found in any application will be considered aban- ocean area. doned. Statistical document means an ICCAT, (d) Duration. Any permit issued under IATTC, IOTC, or CCSBT statistical this section is valid for the period spec- document, or a statistical document ified on it, unless suspended or re- issued by a nation to comply with such voked. statistical document programs. (e) Alteration. Any permit that is sub- Statistical document program means ei- stantially altered, erased, or mutilated ther the ICCAT, IOTC, IATTC or is invalid. CCSBT statistical document program. Swordfish means the species Xiphias (f) Replacement. NMFS may issue re- gladius that is found in any ocean area. placement permits. An application for Tag means either a dealer tag or a a replacement permit is not considered BCD tag. a new application. An appropriate fee, Trade permit means the HMS inter- consistent with paragraph (j) of this national trade permit under § 300.182. section, may be charged for issuance of a replacement permit. [61 FR 35550, July 5, 1996, as amended at 73 (g) Transfer. A permit issued under FR 31385, June 2, 2008] this section is not transferable or as- § 300.182 HMS international trade per- signable; it is valid only for the permit mit. holder to whom it is issued. (a) General. An importer, entering for (h) Inspection. The permit holder consumption fish or fish products regu- must keep the permit issued under this lated under this subpart from any section at his/her principal place of ocean area into the United States, or business. The permit must be displayed an exporter exporting or re–exporting for inspection upon request of any au- such product, must possess a valid thorized officer, or any employee of trade permit issued under this section. NMFS designated by NMFS for such Importation of fish or fish products purpose. regulated under this subpart by non- (i) Sanctions. The Assistant Adminis- resident corporations is restricted to trator may suspend, revoke, modify, or those entities authorized under 19 CFR deny a permit issued or sought under 141.18. A resident agent or resident cor- this section. Procedures governing per- porate surety provider, as specified mit sanctions and denials are found at under 19 CFR 141.18, must possess a subpart D of 15 CFR part 904. valid trade permit when acting on be- (j) Fees. NMFS may charge a fee to half of a nonresident corporation when recover the administrative expenses of entering for consumption, exporting, or permit issuance. The amount of the fee re–exporting fish or fish products regu- is calculated, at least annually, in ac- lated under this subpart from any cordance with the procedures of the ocean area. NOAA Finance Handbook, available (b) Application. A person must apply from NMFS, for determining adminis- for a permit in writing on an appro- trative costs of each special product or priate form obtained from NMFS. The service. The fee may not exceed such application must be completed, signed costs and is specified on each applica- by the applicant, and submitted with tion form. The appropriate fee must ac- required supporting documents, at company each application. Failure to least 30 days before the date on which pay the fee will preclude issuance of the applicant wants to have the permit the permit. Payment by a commercial made effective. Application forms and instrument later determined to be in- instructions for their completion are sufficiently funded shall invalidate any available from NMFS. permit.

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(k) Change in application information. (3) A biweekly report is not required Within 30 days after any change in the for export consignments of bluefin tuna information contained in an applica- when the information required on the tion submitted under this section, the biweekly report has been previously permit holder must report the change supplied on a biweekly report sub- to NMFS in writing. If a change in permitted under § 635.5(b)(2)(i)(B) of this mit information is not reported within title, provided the person required to 30 days, the permit is void as of the 31st obtain a trade permit under § 300.182 re- day after such change. tains, at his/her principal place of busi- (l) Renewal. Persons must apply an- ness for a period of 2 years from the nually for a trade permit issued under date on which each report was sub- this section. A renewal application mitted to NMFS, a copy of the bi- must be submitted to NMFS, at an ad- weekly report which includes the re- dress designated by NMFS, at least 30 quired information and is submitted days before the permit expiration date under § 635.5(b)(2)(i)(B) of this title. to avoid a lapse of permitted status. (b) Recordkeeping. Any person re- NMFS will renew a permit provided quired to obtain a trade permit under that: the application for the requested § 300.182 must retain, at his/her prin- permit is complete; all reports required cipal place of business, a copy of each under the Magnuson-Stevens Act, biweekly report and all supporting ATCA, and the Tuna Conventions Act records for a period of 2 years from the of 1950 have been submitted, including date on which each report was sub- those required under §§ 300.183, 300.185, 300.186, and 300.187 and § 635.5 of this mitted to NMFS. title; and the applicant is not subject (c) Other requirements and record- to a permit sanction or denial under keeping requirements. Any person re- paragraph (i) of this section. quired to obtain a trade permit under § 300.182 is also subject to the reporting [69 FR 67277, Nov. 17, 2004, as amended at 71 and recordkeeping requirements identi- FR 58163, Oct. 2, 2006; 73 FR 31385, June 2, fied in § 300.185. 2008] (d) Inspection. Any person authorized § 300.183 Permit holder reporting and to carry out the enforcement activities recordkeeping requirements. under the regulations in this subpart (a) Biweekly reports. Any person re- (authorized person) has the authority, quired to obtain a trade permit under without warrant or other process, to § 300.182 must submit to NMFS, on inspect, at any reasonable time: fish or forms supplied by NMFS, a biweekly fish products regulated under this sub- report of entries for consumption, ex- part, biweekly reports, statistical doc- ports and re-exports of fish and fish uments, catch documents, re-export products regulated under this subpart certificates, relevant sales receipts, except shark fins. import and export documentation, and (1) The report required to be sub- any other records or reports made, re- mitted under this paragraph (a) must tained, or submitted pursuant to this be received within 10 days after the end subpart. A permit holder must allow of each biweekly reporting period in NMFS or an authorized person to in- which fish or fish products regulated spect and copy, for any fish or fish under this subpart except shark fins products regulated under this subpart, were entered for consumption, ex- any import and export documentation ported, or re-exported. The bi-weekly and any reports required under this reporting periods are the first day to subpart, and the records, in any form, the 15th day of each month, and the 16th on which the completed reports are day to the last day of each month. based, wherever they exist. Any agent (2) Each report must specify accu- of a person issued a trade permit under rately and completely the requested in- this part, or anyone responsible for im- formation for each consignment of fish porting, exporting, storing, packing, or or fish products regulated under this selling fish or fish products regulated subpart, except shark fins, that is en- under this subpart, shall be subject to tered for consumption, exported, or re- the inspection provisions of this sec- exported. tion.

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(e) Applicability of reporting and rec- eyes, roe, guts, and tails) may be im- ordkeeping requirements. Reporting and ported without said documentation. recordkeeping requirements in this (c) Bigeye tuna. (1) The requirements subpart apply to any person engaging of this subpart apply to frozen bigeye in activities that require a trade per- tuna products including those identi- mit, as set forth in § 300.182(a), regard- fied by the following subheading num- less of whether a trade permit has been bers from the HTS: issued to that person. (i) Frozen bigeye tuna (No. [73 FR 31385, June 2, 2008] 0303.44.00.00), excluding fillets and other fish meat of HTS heading 0304. § 300.184 Species subject to permitting, (ii) [Reserved] documentation, reporting, and rec- (2) In addition, frozen bigeye tuna ordkeeping requirements. products in other forms (e.g., chunks The following fish or fish products and fillets) that may be classified are subject to the requirements of this under any other HTS heading/sub- subpart, regardless of ocean area of heading numbers are subject to the catch. documentation requirements of this (a) Bluefin tuna. (1) The requirements subpart, except that frozen fish parts of this subpart apply to bluefin tuna other than meat (e.g., heads, eyes, roe, products including those identified by guts, and tails), may be imported with- the following subheading numbers from out said documentation. the Harmonized Tariff Schedule of the (3) Bigeye tuna caught by purse sein- United States (HTS): ers and pole and line (bait) vessels and (i) Fresh or chilled bluefin tuna (No. destined for canneries within the 0302.35.00.00) excluding fillets and other United States, including all U.S. com- fish meat of HTS heading 0304. monwealths, territories, and posses- (ii) Frozen bluefin tuna (No. sions, may be imported without the 0303.45.00.00), excluding fillets and documentation required under this sub- other fish meat of HTS heading 0304. part. (2) In addition, bluefin tuna products (d) Swordfish. (1) The requirements of in other forms (e.g., chunks, fillets, and this subpart apply to swordfish prod- products in airtight containers) that ucts including those identified by the may be classified under any other HTS following subheading numbers from the heading/subheading numbers are sub- HTS: ject to the documentation require- (i) Fresh or chilled swordfish, steaks ments of this subpart, except that fish (No. 0302.67.00.10). parts other than meat (e.g., heads, (ii) Fresh or chilled swordfish (No. eyes, roe, guts, and tails) may be im- 0302.67.00.90), excluding fish fillets, ported without said documentation. steaks, and other fish meat of HTS (b) Southern bluefin tuna. (1) The re- heading 0304. quirements of this subpart apply to (iii) Frozen swordfish, steaks (No. southern bluefin tuna products includ- 0303.61.00.10). ing those identified by the following (iv) Frozen swordfish (No. subheading numbers from the HTS: 0303.61.00.90), excluding fillets, steaks (i) Fresh or chilled southern bluefin and other fish meat of HTS heading tuna (No. 0302.36.00.00), excluding fillets 0304. and other fish meat of HTS heading (v) Fresh, or chilled swordfish, fillets 0304. and other fish meat (No. 0304.11.00.00). (ii) Frozen southern bluefin tuna (No. (vi) Frozen swordfish, fillets (No. 0303.46.00.00), excluding fillets and 0304.21.00.00). other fish meat of HTS heading 0304. (vii) Swordfish in bulk or in imme- (2) In addition, southern bluefin tuna diate containers weighing with their products in other forms (e.g., chunks, contents over 6.8 kg each (No. fillets, products in airtight containers) 0304.91.10.00). that may be classified under any other (viii) Swordfish, other (No. HTS heading/subheading numbers are 0304.91.90.00). subject to the documentation require- (2) In addition, swordfish products in ments of this subpart, except that fish other forms (e.g., chunks, fillets, and parts other than meat (e.g., heads, products in airtight containers) that

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may be classified under any other HTS (ii) Imports of bluefin tuna which heading/subheading numbers, are sub- were re-exported from another nation, ject to the documentation require- must also be accompanied by an origi- ments of this subpart, except that fish nal, completed, approved, validated, parts other than meat (e.g., heads, species-specific re-export certificate. eyes, roe, guts, tails) may be allowed (iii) Imports of fish or fish products entry without said statistical docu- regulated under this subpart, other mentation. than shark fins, that were previously (e) Shark fin. The permitting require- re-exported and were subdivided or con- ments of this subpart apply to shark solidated with another consignment be- fin products including those identified fore re-export, must also be accom- by the following subheading number panied by an original, completed, ap- from HTS: No. 0305.59.20.00. proved, validated, species-specific re- export certificate. [61 FR 35550, July 5, 1996, as amended at 73 (iv) All other imports of fish or fish FR 31386, June 2, 2008] products regulated under this subpart, except shark fins, that have been pre- § 300.185 Documentation, reporting viously re-exported from another na- and recordkeeping requirements for consignment documents and re- tion, should have the intermediate im- export certificates. porters certification of the original statistical document completed. (a) Imports—(1) Applicability of require- (v) Consignment documents must be ments. The documentation require- validated as specified in § 300.187 by a ments in paragraph (a)(2) of this sec- responsible government official of the tion apply to all imports of fish or fish flag country whose vessel caught the products regulated under this subpart, fish (regardless of where the fish are into the Customs territory of the first landed). Re-export certificates United States, except shark fins, or ex- must be validated by a responsible gov- cept when entered as a product of an ernment official of the re-exporting American fishery landed overseas (HTS country. heading 9815). For insular possessions (vi) A permit holder may not accept with customs territories separate from an import without the completed con- the Customs territory of the United signment document or re-export cer- States, documentation requirements in tificate as described in paragraphs paragraph (a)(2) of this section apply (a)(2)(i) through (a)(2)(v) of this sec- only to entries for consumption. The tion. reporting requirements of paragraph (vii) For fish or fish products except (a)(3) of this section do not apply to shark fins regulated under this subpart fish products destined from one foreign that are entered for consumption, the country to another which transit the permit holder must provide on the United States or a U.S. insular posses- original consignment document that sion and are designated as an entry accompanied the consignment the cor- type other than entry for consumption rect information and importer’s certifi- as defined in § 300.181. cation specified in § 300.186, and must (2) Documentation requirements. (i) All note on the top of the consignment fish or fish products except for shark document the entry number assigned fins, regulated under this subpart, im- at the time of filing an entry summary ported into the Customs territory of (e.g., CBP Form 7501 or electronic the United States or entered for con- equivalent) with customs authorities. sumption into a separate customs ter- (viii) Bluefin tuna, imported into the ritory of a U.S. insular possession, Customs territory of the United States must, at the time of presenting entry or entered for consumption into the documentation for clearance by cus- separate customs territory of a U.S. in- toms authorities (e.g., CBP Forms 7533 sular possession, from a country re- or 3461 or other documentation requiring a BCD tag on all such bluefin quired by the port director) be accom- tuna available for sale, must be accompanied by an original, completed, ap- panied by the appropriate BCD tag proved, validated, species-specific con- issued by that country, and said BCD signment document. tag must remain on any bluefin tuna

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until it reaches its final destination. If may be used only once by the permit the final import destination is the holder to which it was issued to report United States, which includes U.S. in- on a specific export consignment. A sular possessions, the BCD tag must re- permit holder must provide on the con- main on the bluefin tuna until it is cut signment document the correct infor- into portions. If the bluefin tuna por- mation and exporter certification. The tions are subsequently packaged for do- consignment document must be vali- mestic commercial use or re-export, dated, as specified in § 300.187, by the BCD tag number and the issuing NMFS, or another official authorized country must be written legibly and in- by NMFS. A list of such officials may delibly on the outside of the package. be obtained by contacting NMFS. A (ix) Customs forms can be obtained permit holder requesting U.S. valida- by contacting the local CBP port of- tion for exports should notify NMFS as fice; contact information is available soon as possible after arrival of the at www.cbp.gov. For a U.S. insular pos- vessel to avoid delays in inspection and session, contact the local customs of- validation of the export consignment. fice for any forms required for entry. (3) Reporting requirements. A permit (3) Reporting requirements. For fish or holder must ensure that the original, fish products regulated under this sub- approved, consignment document as part, except shark fins, that are en- completed under paragraph (b)(2) of tered for consumption and whose final this section accompanies the export of destination is within the United such products to their export destina- States, which includes U.S. insular pos- tion. A copy of the consignment docu- sessions, a permit holder must submit ment must be received by NMFS, at an to NMFS the original consignment doc- address designated by NMFS, within 24 ument that accompanied the fish prod- hours of the time the fish product was uct as completed under paragraph (a)(2) exported from the United States or a of this section, to be received by NMFS U.S. insular possession. along with the biweekly report as re- (c) Re-exports—(1) Applicability of required under § 300.183(a). A copy of the quirements. The documentation and re- original completed consignment docu- porting requirements of this paragraph ment must be submitted by said permit (c) apply to exports of fish or fish prod- holder, to be received by NMFS, at an ucts regulated under this subpart, ex- address designated by NMFS, within 24 cept shark fins, that were previously hours of the time the fish product was entered for consumption into the Cus- entered for consumption into the Cus- toms territory of the United States or toms territory of the United States, or the separate customs territory of a the separate customs territory of a U.S. insular possession, through filing U.S. insular possession. the documentation specified in para- (b) Exports—(1) Applicability of require- graph (a) of this section. The requirements. The documentation and report- ments of this paragraph (c) do not ing requirements of this paragraph (b) apply to fish or fish products destined apply to exports of fish or fish products from one foreign country to another regulated under this subpart, except which transit the United States or a shark fins, that were harvested by U.S. U.S. insular possession and which are vessels and first landed in the United designated as an entry type other than States, or harvested by vessels of a entry for consumption as defined in U.S. insular possession and first landed § 300.181. in that possession. This paragraph (b) (2) Documentation requirements. (i) If a also applies to products of American permit holder re-exports a consignment fisheries landed overseas. of bluefin tuna, or subdivides or con- (2) Documentation requirements. A per- solidates a consignment of fish or fish mit holder must complete an original, products regulated under this subpart, approved, numbered, species-specific other than shark fins, that was pre- consignment document issued to that viously entered for consumption as de- permit holder by NMFS for each export scribed in paragraph (c)(1) of this sec- referenced under paragraph (b)(1) of tion, the permit holder must complete this section. Such an individually num- an original, approved, individually bered document is not transferable and numbered, species-specific re-export

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certificate issued to that permit holder was re-exported from the United by NMFS for each such re-export con- States. For re-exports of untagged At- signment. Such an individually num- lantic bluefin tuna, the permit holder bered document is not transferable and must email, fax, or mail a copy of the may be used only once by the permit completed consignment document and holder to which it was issued to report re-export certificate to the ICCAT Sec- on a specific re-export consignment. A retariat and the importing nation, at permit holder must provide on the re- addresses designated by NMFS, to be export certificate the correct informa- received by the ICCAT Secretariat and tion and re-exporter certification. The the importing nation, within five days permit holder must also attach the of export. original consignment document that (d) Document completion. To be accompanied the import consignment deemed complete, a consignment docu- or a copy of that document, and must ment or re-export certificate must be note on the top of both the consign- filled out according to the cor- ment documents and the re-export cer- responding instructions for each docu- tificates the entry number assigned by ment with all requested information CBP authorities at the time of filing provided. the entry summary. (e) Recordkeeping. A permit holder (ii) If a consignment of fish or fish must retain at his or her principal products regulated under this subpart, place of business, a copy of each con- except bluefin tuna or shark fins, that signment document and re-export cer- was previously entered for consump- tificate required to be submitted to tion as described in paragraph (c)(1) of NMFS pursuant to this section, and this section is not subdivided into sub- supporting records for a period of 2 consignments or consolidated, for each years from the date on which it was re-export consignment, a permit holder submitted to NMFS. must complete the intermediate im- (f) Inspection. Any person responsible porter’s certification on the original for importing, exporting, storing, pack- statistical document and note the ing, or selling fish or fish products reg- entry number on the top of the statis- ulated under this subpart, including tical document. Such re-exports do not permit holders, consignees, customs need a re-export certificate and the re- brokers, freight forwarders, and im- export does not require validation. porters of record, shall be subject to (iii) Re-export certificates must be the inspection provisions at § 300.183(d). validated, as specified in § 300.187, by [69 FR 67277, Nov. 17, 2004, as amended at 71 NMFS or another official authorized by FR 58163, Oct. 2, 2006; 73 FR 31386, June 2, NMFS. A list of such officials may be 2008] obtained by contacting NMFS. A permit holder requesting validation for re- § 300.186 Completed and approved exports should notify NMFS as soon as documents. possible to avoid delays in inspection (a) NMFS-approved consignment docu- and validation of the re-export shipments and re-export certificates. A ment. NMFS-approved consignment docu- (3) Reporting requirements. For each ment or re-export certificate may be re-export, a permit holder must submit obtained from NMFS to accompany ex- the original of the completed re-export ports of fish or fish products regulated certificate (if applicable) and the origi- under this subpart from the Customs nal or a copy of the original consign- territory of the United States or the ment document completed as specified separate customs territory of a U.S. in- under paragraph (c)(2) of this section, sular possession. to accompany the consignment of such (b) Nationally approved forms from products to their re-export destination. other countries. A nationally approved A copy of the completed consignment form from another country may be document and re-export certificate (if used for exports to the United States if applicable) must be submitted to that document strictly conforms to the NMFS, at an address designated by information requirements and format NMFS, and received by NMFS within of the applicable RFMO documents. An 24 hours of the time the consignment approved consignment document or re-

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export certificate for use in countries ers will be specified on consignment without a nationally approved form to documents and re-export certificates or accompany consignments to the United accompanying instructions, or in a let- States may be obtained from the fol- ter to permit holders from NMFS. lowing websites, as appropriate: (e) Authorization for non-NMFS valida- www.iccat.org, www.iattc.org, tion. An official from an organization www.ccsbt.org, or www.iotc.org. or government agency seeking author- [61 FR 35550, July 5, 1996, as amended at 73 ization to validate consignment docu- FR 31388, June 2, 2008] ments or re-export certificates accompanying exports or re-exports from the § 300.187 Validation requirements. United States, which includes U.S. (a) Imports. The approved consign- commonwealths, territories, and pos- ment document accompanying any im- sessions, must apply in writing, to port of any fish or fish product regu- NMFS, at an address designated by lated under this subpart must be vali- NMFS for such authorization. The ap- dated by a government official from plication must indicate the procedures the issuing country, unless NMFS to be used for verification of informa- waives this requirement pursuant to an tion to be validated; list the names, ad- applicable RFMO recommendation. dresses, and telephone/fax numbers of NMFS will furnish a list of countries individuals to perform validation; pro- for which government validation re- cedures to be used to notify NMFS of quirements are waived to the appro- validations; and an example of the priate customs officials. Such list will stamp or seal to be applied to the con- indicate the circumstances of exemp- signment document or re-export cer- tion for each issuing country and the tificate. NMFS, upon finding the appli- non-government institutions, if any, cant capable of verifying the informa- accredited to validate statistical docu- tion required on the consignment documents and re-export certificates for ment or re-export certificate, will that country. issue, within 30 days, a letter speci- (b) Exports. The approved consign- fying the duration of effectiveness and ment document accompanying any ex- conditions of authority to validate con- port of fish or fish products regulated signment documents or re-export cer- under this subpart must be validated, tificates accompanying exports or re- except pursuant to a waiver described exports from the United States. The ef- in paragraph (d) of this section. Valida- fective date of such authorization will tion must be made by NMFS or an- be delayed as necessary for NMFS to other official authorized by NMFS. notify the appropriate RFMO of other (c) Re-exports. The approved re-export officials authorized to validate con- certificate accompanying any re-export signment document or re-export cer- of fish or fish products regulated under tificates. Non-government organiza- this subpart, as required under tions given authorization to validate § 300.185(c), must be validated, except consignment documents or re-export pursuant to a waiver described in paragraph (d) of this section. Validation certificates must renew such author- must be made by NMFS or another of- ization on a yearly basis. ficial authorized by NMFS. (f) BCD tags—(1) Issuance. NMFS will (d) Validation waiver. Any waiver of issue numbered BCD tags for use on government validation will be con- Pacific bluefin tuna upon request to sistent with applicable RFMO rec- each permit holder. ommendations concerning validation (2) Transfer. BCD tags issued under of consignment documents and re-ex- this section are not transferable and port certificates. If authorized, such are usable only by the permit holder to waiver of government validation may whom they are issued. include exemptions from government (3) Affixing BCD tags. At the discre- validation for Pacific bluefin tuna with tion of permit holders, a tag issued individual BCD tags affixed pursuant under this section may be affixed to to paragraph (f) of this section or for each Pacific bluefin tuna purchased or Atlantic bluefin tuna with tags affixed received by the permit holder. If so pursuant to § 635.5(b) of this title. Waiv- tagged, the tag must be affixed to the

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tuna between the fifth dorsal finlet and may be imported into the United the keel. States. (4) Removal of tags. A tag, as defined [73 FR 31388, June 2, 2008] in this subpart and affixed to any bluefin tuna, must remain on the tuna § 300.189 Prohibitions. until it is cut into portions. If the In addition to the prohibitions speci- bluefin tuna or bluefin tuna parts are fied in § 300.4, and §§ 600.725 and 635.71 of subsequently packaged for transport this title, it is unlawful for any person for domestic commercial use or for ex- subject to the jurisdiction of the port, the number of each dealer tag or United States to violate any provision BCD tag must be written legibly and of this part, the Atlantic Tunas Con- indelibly on the outside of any package vention Act, the Magnuson-Stevens containing the bluefin tuna or bluefin Act, the Tuna Conventions Act of 1950, tuna parts. Such tag number also must or any other rules promulgated under be recorded on any document accom- those Acts. It is unlawful for any per- panying the consignment of bluefin son or vessel subject to the jurisdiction tuna or bluefin tuna parts for commer- of the United States to: cial use or export. (a) Falsify information required on (5) Labeling. The number of a BCD tag an application for a permit submitted affixed to each Pacific bluefin tuna under § 300.182. under this section must be recorded on (b) Import as an entry for consump- NMFS reports required by § 300.183, on tion, purchase, receive for export, ex- any documents accompanying the con- port, or re-export any fish or fish prod- signment of Pacific bluefin tuna for do- uct regulated under this subpart with- mestic commercial use or export as in- out a valid trade permit issued under dicated in § 300.185, and on any addi- § 300.182. tional documents that accompany the (c) Fail to possess, and make avail- consignment (e.g., bill of lading, cus- able for inspection, a trade permit at toms manifest, etc.) of the tuna for the permit holder’s place of business, commercial use or for export. or alter any such permit as specified in (6) Reuse. BCD tags issued under this § 300.182. section are separately numbered and (d) Falsify or fail to record, report, or may be used only once, one tag per Pa- maintain information required to be cific bluefin tuna, to distinguish the recorded, reported, or maintained, as purchase of one Pacific bluefin tuna. specified in § 300.183 or § 300.185. Once affixed to a tuna or recorded on (e) Fail to allow an authorized agent any package, container or report, a of NMFS to inspect and copy reports BCD tag and associated number may and records, as specified in § 300.183 or not be reused. § 300.185. (f) Fail to comply with the docu- [61 FR 35550, July 5, 1996, as amended at 73 mentation requirements as specified in FR 31388, June 2, 2008] § 300.185, § 300.186 or § 300.187, for fish or fish products regulated under this sub- § 300.188 Ports of entry. part that are imported, entered for NMFS shall monitor the importation consumption, exported, or re-exported. of fish or fish products regulated under (g) Fail to comply with the docu- this subpart into the United States. If mentation requirements as specified in NMFS determines that the diversity of § 300.186, for the importation, entry for handling practices at certain ports at consumption, exportation, or re-expor- which fish or fish products regulated tation of an Atlantic swordfish, or part under this subpart are being imported thereof, that is less than the minimum into the United States allows for cir- size. cumvention of the consignment docu- (h) Validate consignment documents ment requirement, NMFS may under- or re-export certificates without au- take a rulemaking to designate, after thorization as specified in § 300.187. consultation with the CBP, those ports (i) Validate consignment documents at which fish or fish products regulated or re-export certificates as provided for under this subpart from any ocean area in § 300.187 with false information.

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(j) Remove any NMFS-issued num- § 300.200 Purpose. bered tag affixed to any Pacific bluefin The purpose of this subpart is to sat- tuna or any tag affixed to a bluefin isfy the requirement in section 403 of tuna imported from a country with a the Magnuson-Stevens Fishery Con- BCD tag program before removal is al- servation and Management Reauthor- lowed under § 300.187; fail to write the ization Act of 2006 (‘‘Act’’) to publish a tag number on the shipping package or definition of the term ‘‘Illegal, unre- container as specified in § 300.187; or ported, or unregulated fishing’’ for pur- reuse any NMFS-issued numbered tag poses of the Act. affixed to any Pacific bluefin tuna, or any tag affixed to a bluefin tuna im- § 300.201 Definition. ported from a country with a BCD tag Illegal, unreported, or unregulated fish- program, or any tag number previously ing means: written on a shipping package or con- (1) Fishing activities that violate tainer as prescribed by § 300.187. conservation and management meas- (k) Import, or attempt to import, any ures required under an international fish or fish product regulated under fishery management agreement to this subpart in a manner inconsistent which the United States is a party, in- with any ports of entry designated by cluding catch limits or quotas, capac- NMFS as authorized by § 300.188. ity restrictions, and bycatch reduction (l) Ship, transport, purchase, sell, requirements; offer for sale, import, enter for con- (2) Overfishing of fish stocks shared sumption, export, re-export, or have in by the United States, for which there custody, possession, or control any fish are no applicable international con- or fish product regulated under this servation or management measures or subpart that was imported, entered for in areas with no applicable inter- consumption, exported, or re-exported national fishery management organiza- contrary to this subpart. tion or agreement, that has adverse (m) Fail to provide a validated con- impacts on such stocks; or signment document for imports at time (3) Fishing activity that has an ad- of entry into the Customs territory of verse impact on seamounts, hydro- the United States of fish or fish prod- thermal vents, and cold water corals ucts regulated under this subpart ex- located beyond national jurisdiction, cept shark fins, regardless of whether for which there are no applicable con- the importer, exporter, or re-exporter servation or management measures or holds a valid trade permit issued pursu- in areas with no applicable inter- ant to § 300.182 or whether the fish prod- national fishery management organiza- ucts are imported as an entry for con- tion or agreement. sumption. (n) Import or accept an imported con- Subpart O—Western and Central signment of fish or fish products regulated under this subpart, except shark Pacific Fisheries for Highly Mi- fins, without an original, completed, gratory Species approved, validated, species-specific consignment document and re-export SOURCE: 74 FR 38554, Aug. 4, 2009, unless certificate (if applicable) with the re- otherwise noted. quired information and exporter’s cer- AUTHORITY: 16 U.S.C. 6901 et seq. tification completed. § 300.210 Purpose and scope. [61 FR 35550, July 5, 1996, as amended at 73 FR 31388, June 2, 2008] This subpart implements provisions of the Western and Central Pacific Subpart N—Definition of Illegal, Fisheries Convention Implementation Act (Act) and applies to persons and Unreported, or Unregulated vessels subject to the jurisdiction of Fishing the United States.

AUTHORITY: 16 U.S.C. 1826d et seq. § 300.211 Definitions. SOURCE: 72 FR 18405, Apr. 12, 2007, unless In addition to the terms defined in otherwise noted. § 300.2 and those in the Act and in the

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Convention on the Conservation and vessel is not used for the purpose of ag- Management of Highly Migratory Fish gregating fish. Stocks in the Western and Central Pa- Fishing means using any vessel, vehi- cific Ocean, with Annexes (WCPF Con- cle, aircraft or hovercraft for any of vention), which was adopted at Hono- the following activities, or attempting lulu, Hawaii, on September 5, 2000, by to do so: the Multilateral High-Level Conference (1) Searching for, catching, taking, or on Highly Migratory Fish Stocks in harvesting fish; the Western and Central Pacific Ocean, (2) Engaging in any other activity the terms used in this subpart have the which can reasonably be expected to following meanings. result in the locating, catching, tak- Commission means the Commission ing, or harvesting of fish for any pur- for the Conservation and Management pose; of Highly Migratory Fish Stocks in the (3) Placing, searching for, or recov- Western and Central Pacific Ocean es- ering fish aggregating devices or asso- tablished in accordance with the WCPF ciated electronic equipment such as Convention, including its employees radio beacons; and contractors. (4) Engaging in any operations at sea Convention Area means all waters of directly in support of, or in preparation the Pacific Ocean bounded to the south for, any of the activities previously de- and to the east by the following line: scribed in paragraphs (1) through (3) of From the south coast of Australia due this definition, including, but not lim- south along the 141st meridian of east ited to, bunkering; longitude to its intersection with the (5) Engaging in transshipment, either 55th parallel of south latitude; thence unloading or loading fish. due east along the 55th parallel of Fishing day means, for the purpose of south latitude to its intersection with § 300.223, any day in which a fishing ves- the 150th meridian of east longitude; sel of the United States equipped with thence due south along the 150th me- purse seine gear searches for fish, de- ridian of east longitude to its intersec- ploys a FAD, services a FAD, or sets a tion with the 60th parallel of south purse seine, with the exception of set- latitude; thence due east along the 60th ting a purse seine solely for the pur- parallel of south latitude to its inter- pose of testing or cleaning the gear and section with the 130th meridian of west resulting in no catch. longitude; thence due north along the Fishing trip means a period that a 130th meridian of west longitude to its fishing vessel spends at sea between intersection with the 4th parallel of port visits and during which any fish- south latitude; thence due west along ing occurs. the 4th parallel of south latitude to its Fishing vessel means any vessel used intersection with the 150th meridian of or intended for use for the purpose of west longitude; thence due north along fishing, including bunkering and other the 150th meridian of west longitude. support vessels, carrier vessels and Effort Limit Area for Purse Seine, or other vessels that unload or load fish ELAPS, means, within the area be- in a transshipment, and any other ves- tween 20° N. latitude and 20° S. lati- sel directly involved in fishing. tude, areas within the Convention Area High seas means the waters beyond that either are high seas or are within the territorial sea or exclusive eco- the jurisdiction of the United States, nomic zone (or the equivalent) of any including the EEZ and territorial sea. nation, to the extent that such terri- Fish aggregating device, or FAD, torial sea or exclusive economic zone means any artificial or natural floating (or the equivalent) is recognized by the object, whether anchored or not and United States. whether situated at the water surface Member of the Commission means any or not, that is capable of aggregating Contracting Party to the WCPF Con- fish, as well as any objects used for vention, and, unless otherwise stated that purpose that are situated on board in context, any territory that has been a vessel or otherwise out of the water. authorized by an appropriate Con- The meaning of FAD does not include a tracting Party to participate in the fishing vessel, provided that the fishing Commission and its subsidiary bodies

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pursuant to Article 43 of the WCPF vided that such program is authorized Convention and any fishing entity that by the Commission to be part of the has agreed to be bound by the regime Commission’s Regional Observer Pro- established by the WCPF Convention gramme. pursuant to Annex I of the WCPF Con- vention. § 300.212 Vessel permit endorsements. Pacific Islands Regional Administrator [Reserved] means the Regional Administrator, Pa- § 300.213 Vessel information. [Re- cific Islands Region, NMFS, or a des- served] ignee (1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 96814). § 300.214 Compliance with laws of Person means any individual (wheth- other nations. [Reserved] er or not a citizen or national of the United States), any corporation, part- § 300.215 Observers. nership, association, or other entity (a) Applicability. [Reserved] (whether or not organized or existing (b) Notifications. [Reserved] under the laws of any State), and any (c) Accommodating observers. The oper- Federal, State, local, or foreign gov- ator and each member of the crew of ernment or any entity of any such gov- the fishing vessel shall act in accord- ernment. ance with this paragraph with respect Purse seine means a floated and to any WCPFC observer. weighted encircling net that is closed (1) The operator and crew shall allow by means of a drawstring threaded and assist WCPFC observers to: through rings attached to the bottom (i) Embark at a place and time deter- of the net. mined by NMFS or otherwise agreed to State means each of the several by NMFS and the vessel operator; States of the United States, the Dis- (ii) Have access to and use of all fa- trict of Columbia, the Commonwealth cilities and equipment on board as nec- of the Northern Mariana Islands, essary to conduct observer duties, in- American Samoa, Guam, and any other cluding, but not limited to: full access commonwealth, territory, or posses- to the bridge, the fish on board, and sion of the United States. areas which may be used to hold, proc- Transshipment means the unloading ess, weigh and store fish; full access to of fish from one fishing vessel and its the vessel’s records, including its logs direct transfer to, and loading on, an- and documentation, for the purpose of other fishing vessel, either at sea or in inspection and copying; access to, and port. use of, navigational equipment, charts WCPF Convention means the Conven- and radios; and access to other infor- tion on the Conservation and Manage- mation relating to fishing; ment of Highly Migratory Fish Stocks (iii) Remove samples; in the Western and Central Pacific (iv) Disembark at a place and time Ocean (including any annexes, amend- determined by NMFS or otherwise ments, or protocols that are in force, agreed to by NMFS and the vessel oper- or have come into force, for the United ator; and States) that was adopted at Honolulu, (v) Carry out all duties safely. Hawaii, on September 5, 2000, by the (2) The operator shall provide the Multilateral High-Level Conference on WCPFC observer, while on board the Highly Migratory Fish Stocks in the vessel, with food, accommodation and Western and Central Pacific Ocean. medical facilities of a reasonable WCPFC observer means a person au- standard equivalent to those normally thorized by the Commission in accord- available to an officer on board the ance with any procedures established vessel, at no expense to the WCPFC ob- by the Commission to undertake vessel server. observer duties as part of the Commis- (3) The operator and crew shall not sion’s Regional Observer Programme, assault, obstruct, resist, delay, refuse including an observer deployed as part boarding to, intimidate, harass or of a NMFS-administered observer pro- interfere with WCPFC observers in the gram or as part of another national or performance of their duties, or attempt sub-regional observer program, pro- to do any of the same.

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(d) Related observer requirements. [Re- seine gear may collectively spend in served] the ELAPS. (1) The limits are as follows: § 300.216 Transshipment. [Reserved] (i) For each of the years 2009, 2010, and 2011, there is a limit of 3,882 fishing § 300.217 Vessel identification. [Re- served] days. (ii) For each of the two-year periods § 300.218 Reporting and recordkeeping 2009–2010 and 2010–2011, there is a limit requirements. [Reserved] of 6,470 fishing days. (iii) For the three-year period 2009– § 300.219 Vessel monitoring system. 2011, there is a limit of 7,764 fishing [Reserved] days. § 300.220 Confidentiality of informa- (2) NMFS will determine the number tion. [Reserved] of fishing days spent in the ELAPS in each of the applicable time periods § 300.221 Facilitation of enforcement using data submitted in logbooks and and inspection. [Reserved] other available information. After NMFS determines that the limit in any § 300.222 Prohibitions. applicable time period is expected to be In addition to the prohibitions in reached by a specific future date, and § 300.4, it is unlawful for any person to: at least seven calendar days in advance (a) through (u) [Reserved] of the closure date, NMFS will publish (v) Use a fishing vessel equipped with a notice in the FEDERAL REGISTER an- purse seine gear to fish in the ELAPS nouncing that the purse seine fishery while the fishery is closed under in the ELAPS will be closed starting § 300.223(a). on that specific future date and will re- (w) Set a purse seine around, near or main closed until the end of the appli- in association with a FAD or deploy or cable time period. service a FAD in contravention of (3) Once a fishery closure is an- § 300.223(b). nounced pursuant to paragraph (a)(2) of (x) Use a fishing vessel equipped with this section, fishing vessels of the purse seine gear to fish in an area United States equipped with purse closed under § 300.223(c). seine gear may not be used to fish in (y) Discard fish at sea in the ELAPS the ELAPS during the period specified in contravention of § 300.223(d). in the FEDERAL REGISTER notice. (z) Fail to carry an observer as re- (b) Use of fish aggregating devices. quired in § 300.223(e). From August 1 through September 30, (aa) Fail to comply with the sea tur- 2009, and from July 1 through Sep- tle mitigation gear and handling re- tember 30 in each of 2010 and 2011, own- quirements of § 300.223(f). ers, operators, and crew of fishing vessels of the United States shall not do EFFECTIVE DATE NOTE: At 74 FR 38554, Aug. 4, 2009, § 300.222 was added, effective Aug. 3, any of the following in the Convention 2009. However, paragraph (aa) is effective Area: Oct. 5, 2009. (1) Set a purse seine around a FAD or within one nautical mile of a FAD. § 300.223 Purse seine fishing restric- (2) Set a purse seine in a manner in- tions. tended to capture fish that have aggre- All dates used in this section are in gated in association with a FAD, such Universal Coordinated Time, also as by setting the purse seine in an area known as UTC; for example: the year from which a FAD has been moved or 2009 starts at 00:00 on January 1, 2009 removed within the previous eight UTC and ends at 24:00 on December 31, hours, or setting the purse seine in an 2009 UTC; and August 1, 2009, begins at area in which a FAD has been in- 00:00 UTC and ends at 24:00 UTC. spected or handled within the previous (a) Fishing effort limits. This section eight hours, or setting the purse seine establishes limits on the number of in an area into which fish were drawn fishing days that fishing vessels of the by a vessel from the vicinity of a FAD. United States equipped with purse (3) Deploy a FAD into the water.

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(4) Repair, clean, maintain, or other- all Members of the Commission as nec- wise service a FAD, including any elec- essary to ensure compliance by such tronic equipment used in association vessels with the catch retention re- with a FAD, in the water or on a vessel quirements established by the Commis- while at sea, except that: sion, NMFS may, through publication (i) A FAD may be inspected and han- of a notice in the FEDERAL REGISTER, dled as needed to identify the owner of nullify any or all of the requirements the FAD, identify and release inciden- specified in paragraph (d) of this sec- tally captured animals, un-foul fishing tion. gear, or prevent damage to property or (3) Effective from the date announced risk to human safety; and pursuant to paragraph (d)(1) of this sec- (ii) A FAD may be removed from the tion through December 31, 2011, a fish- water and if removed may be cleaned, ing vessel of the United States provided that it is not returned to the equipped with purse seine gear may not water. discard at sea within the Convention (c) Closed areas. (1) Effective January Area any bigeye tuna (Thunnus obesus), 1, 2010, through December 31, 2011, a yellowfin tuna (Thunnus albacares), or fishing vessel of the United States may skipjack tuna (Katsuwonus pelamis), ex- not be used to fish with purse seine cept in the following circumstances gear on the high seas within either and with the following conditions: Area A or Area B, the respective (i) Fish that are unfit for human con- boundaries of which are the four lines sumption, including but not limited to connecting, in the most direct fashion, fish that are spoiled, pulverized, sev- the coordinates specified as follows: ered, or partially consumed at the time (i) Area A: 7° N. latitude and 134° E. they are brought on board, may be dis- longitude; 7° N. latitude and 153° E. lon- carded. gitude; 0° latitude and 153° E. lon- (ii) If at the end of a fishing trip gitude; and 0° latitude and 134° E. lon- there is insufficient well space to ac- gitude. commodate all the fish captured in a (ii) Area B: 4° N. latitude and 156° E. given purse seine set, fish captured in longitude; 4° N. latitude and 176° E. lon- that set may be discarded, provided gitude; 12° S. latitude and 176° E. lon- that no additional purse seine sets are gitude; and 12° S. latitude and 156° E. made during the fishing trip. longitude. (iii) If a serious malfunction of equip- (2) NMFS may, through publication ment occurs that necessitates that fish of a notice in the FEDERAL REGISTER, be discarded. nullify any or all of the area closures (e) Observer coverage. (1) From August specified in paragraph (c)(1) of this sec- 1 through September 30, 2009, a fishing tion. vessel of the United States that is (d) Catch retention. (1) Based on its equipped with purse seine gear may not determination as to whether an ade- be used to fish in the Convention Area quate number of WCPFC observers is without a WCPFC observer or an ob- available for the purse seine vessels of server deployed by NMFS on board. all Members of the Commission as nec- This requirement does not apply to essary to ensure compliance by such fishing trips that meet any of the fol- vessels with the catch retention re- lowing conditions: quirements established by the Commis- (i) The portion of the fishing trip sion, NMFS will, through publication within the Convention Area takes of a notice in the FEDERAL REGISTER, place entirely within areas under U.S. announce the effective date of the pro- jurisdiction or entirely within areas visions of paragraph (d) of this section. under jurisdiction of a single nation The effective date will be no earlier other than the United States. than January 1, 2010. (ii) No fishing takes place during the (2) If, after announcing the effective fishing trip in the Convention Area in date of the these requirements under the area between 20° N. latitude and 20° paragraph (1) of this section, NMFS de- S. latitude. termines that there is no longer an (iii) The Pacific Islands Regional Ad- adequate number of WCPFC observers ministrator has determined that an ob- available for the purse seine vessels of server is not available for the fishing

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trip and a written copy of the Pacific of removing sea turtles from fishing Islands Regional Administrator’s de- gear, bringing sea turtles aboard the termination, which must include the vessel when appropriate, and releasing approximate start date of the fishing sea turtles from the vessel. The min- trip and the port of departure, is car- imum design standards for dip nets ried on board the fishing vessel during that meet the requirements of this sec- the entirety of the fishing trip. tion are: (2) Effective January 1, 2010, through (A) An extended reach handle. The dip December 31, 2011, a fishing vessel of net must have an extended reach han- the United States may not be used to dle with a minimum length of 150 per- fish with purse seine gear in the Con- cent of the freeboard height. The ex- vention Area without a WCPFC ob- tended reach handle must be made of server on board. This requirement does wood or other rigid material able to not apply to fishing trips that meet support a minimum of 100 lb (34.1 kg) any of the following conditions: without breaking or significant bend- (i) The portion of the fishing trip ing or distortion. within the Convention Area takes (B) Size of dip net. The dip net must place entirely within areas under U.S. have a net hoop of at least 31 inches jurisdiction or entirely within the (78.74 cm) inside diameter and a bag areas under jurisdiction of a single na- depth of at least 38 inches (96.52 cm). tion other than the United States. The bag mesh openings may be no more (ii) No fishing takes place during the than 3 inches 3 inches (7.62 cm 7.62 cm) fishing trip in the Convention Area in in size. the area between 20° N. latitude and 20° (ii) Optional turtle hoist. A turtle S. latitude. hoist is used for the same purpose as a (iii) The Pacific Islands Regional Ad- dip net. It is not a required piece of ministrator has determined that a gear, but a turtle hoist may be carried WCPFC observer is not available for on board and used instead of the dip the fishing trip and a written copy of net to handle sea turtles as required in the Pacific Islands Regional Adminis- paragraph (f)(2) of this section. The trator’s determination, which must in- minimum design standards for turtle clude the approximate start date of the hoists that are used instead of dip nets fishing trip and the port of departure, to meet the requirements of this sec- is carried on board the fishing vessel tion are: during the entirety of the fishing trip. (A) Frame and net. The turtle hoist (3) Owners, operators, and crew of must consist of one or more rigid fishing vessels subject to paragraphs frames to which a bag of mesh netting (e)(1) or (e)(2) of this section must ac- is securely attached. The frame or commodate WCPFC observers in ac- smallest of the frames must have a cordance with the provisions of minimum opening (e.g., inside diame- § 300.215(c). ter, if circular in shape) of 31 inches (4) Meeting any of the conditions in (78.74 cm) and be capable of supporting paragraphs (e)(1)(i), (e)(1)(ii), (e)(1)(iii), a minimum of 100 lb (34.1 kg). The (e)(2)(i), (e)(2)(ii), or (e)(2)(iii) of this frame or frames may be hinged or oth- section does not exempt a fishing ves- erwise designed so they can be folded sel from having to carry and accommo- for ease of storage, provided that they date a WCPFC observer pursuant to have no sharp edges and can be quickly § 300.215 or other applicable regulations. reassembled. The bag mesh openings (f) Sea turtle take mitigation measures. may be no more than 3 inches x 3 (1) Possession and use of required miti- inches (7.62 cm x 7.62 cm) in size. gation gear. Any owner or operator of a (B) Lines. Lines used to lower and fishing vessel of the United States raise the frame and net must be se- equipped with purse seine gear that is curely attached to the frame in mul- used to fish in the Convention Area tiple places such that the frame re- must carry aboard the vessel the fol- mains stable when lowered and raised. lowing gear: (2) Handling requirements. Any owner (i) Dip net. A dip net is intended to or operator of a fishing vessel of the facilitate safe handling of sea turtles United States equipped with purse and access to sea turtles for purposes seine gear that is used to fish in the

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Convention Area must, if a sea turtle is (B) The sea turtle must be handled in observed to be enclosed or entangled in accordance with the procedures in a purse seine, a FAD, or other fishing paragraphs (f)(2)(vi) and (f)(2)(vii) of gear, comply with these handling re- this section. quirements, including using the re- (vi) Sea turtle resuscitation. If a sea quired mitigation gear specified in turtle brought aboard appears dead or paragraph (f)(1) of this section as pre- comatose, the following actions must scribed in these handling requirements. be taken: Any captured or entangled sea turtle (A) The sea turtle must be placed on must be handled in a manner to mini- its belly (on the bottom shell or plas- mize injury and promote survival. tron) so that it is right side up and its (i) Sea turtles enclosed in purse seines. If the sea turtle is observed enclosed in hindquarters elevated at least 6 inches a purse seine but not entangled, it (15.24 cm) for a period of no less than 4 must be released immediately from the hours and no more than 24 hours. The purse seine with the dip net or turtle amount of the elevation varies with hoist. the size of the sea turtle; greater ele- (ii) Sea turtles entangled in purse vations are needed for larger sea tur- seines. If the sea turtle is observed en- tles; tangled in a purse seine, the net roll (B) A reflex test must be adminis- must be stopped as soon as the sea tur- tered at least once every 3 hours. The tle comes out of the water, and must test is to be performed by gently not start again until the turtle has touching the eye and pinching the tail been disentangled and released. The sea of a sea turtle to determine if the sea turtle must be handled and released in turtle is responsive; accordance with paragraphs (f)(2)(iv), (C) The sea turtle must be kept (f)(2)(v), (f)(2)(vi), and (f)(2)(vii) of this shaded and damp or moist (but under section. no circumstances place the sea turtle (iii) Sea turtles entangled in FADs. If into a container holding water). A the sea turtle is observed entangled in water-soaked towel placed over the a FAD, it must be disentangled or the eyes (not covering the nostrils), cara- FAD must be cut immediately so as to pace and flippers is the most effective remove the sea turtle. The sea turtle method of keeping a sea turtle moist; must be handled and released in accordance with paragraphs (f)(2)(iv), and (f)(2)(v), (f)(2)(vi), and (f)(2)(vii) of this (D) If the sea turtle revives and be- section. comes active, it must be returned to (iv) Disentangled sea turtles that can- the sea in the manner described in not be brought aboard. After paragraph (f)(2)(vii) of this section. Sea disentanglement, if the sea turtle is turtles that fail to revive within the not already on board the vessel and it 24–hour period must also be returned to is too large to be brought aboard or the sea in the manner described in cannot be brought aboard without sus- paragraph (f)(2)(vii) of this section, un- taining further injury, it shall be left less NMFS requests that the turtle or where it is in the water, or gently part thereof be kept on board and de- moved, using the dip net or turtle hoist livered to NMFS for research purposes. if necessary, to an area away from the (vii) Sea turtle release. After handling fishing gear and away from the pro- a sea turtle in accordance with the re- peller. quirements of paragraphs (f)(2)(v) and (v) Disentangled sea turtles that can be (f)(2)(vi) of this section, the sea turtle brought aboard. After disentanglement, must be returned to the ocean after if the sea turtle is not too large to be identification unless NMFS requests brought aboard and can be brought the retention of a dead sea turtle for aboard without sustaining further in- research. In releasing a sea turtle the jury, the following actions shall be taken: vessel owner or operator must: (A) Using the dip net or a turtle (A) Place the vessel engine in neutral hoist, the sea turtle must be brought gear so that the propeller is disengaged aboard immediately; and and the vessel is stopped;

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(B) Using the dip net or a turtle hoist be consumed or sold. A sea turtle may to release the sea turtle with little im- be landed, offloaded, transshipped or pact, gently release the sea turtle away kept below deck only if NMFS requests from any deployed gear; and the retention of a dead sea turtle or a (C) Observe that the turtle is safely part thereof for research. away from the vessel before engaging the propeller and continuing oper- EFFECTIVE DATE NOTE: At 74 FR 38554, Aug. ations. 4, 2009, § 300.223 was added, effective Aug. 3, (viii) Other sea turtle requirements. No 2009. However, paragraph (f) is effective Oct. sea turtle, including a dead turtle, may 5, 2009.

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