§ 300.100 50 CFR Ch. III (10–1–08 Edition)

Violation of such inseason orders is ings. If a term is defined differently in violation of this subpart. § 300.2, such Act, or such Convention, (b) Notice of inseason orders. (1) Offi- the definition in this section shall cial notice of such inseason orders is apply. available from NMFS (for orders appli- ACA means the Conserva- cable to all-citizen fisheries) and from tion Act of 1978 (16 U.S.C. 2401 et seq.). the Northwest Indian Fisheries Com- Antarctic convergence means a line mission (for orders applicable to treaty joining the following points along the Indian fisheries) through the following parallels of latitude and meridians of Area Code 206 toll-free telephone hot- longitude: lines: All-citizen fisheries: 1–800–562– Lat. Long. 6513; Treaty Indian fisheries: 1–800–562– 50° S. 0. 6142. 50° S. 30° E. (2) Notice of inseason orders of the 45° S. 30° E. ° ° Secretary and other applicable tribal 45 S. 80 E. 55° S. 80° E. regulations may be published and re- 55° S. 150° E. leased according to tribal procedures in 60° S. 150° E. accordance with Final Decision No. 1 60° S. 50° W. and subsequent orders in United States 50° S. 50° W. v. Washington, 384 F. Supp. 312 (W.D. 50° S. 0. Wash., 1974). Antarctic finfishes include the fol- (3) Inseason orders may also be com- lowing: municated through news releases to radio and television stations and news- Scientific name Common name papers in the Fraser River Panel Area Gobionotothen gibberifrons ... Humped rockcod. (U.S.). Notothenia rossii ...... Marbled rockcod. (4) Inseason orders of the Secretary Lepidorhirus squamifrons ...... Grey rockcod. will also be published in the FEDERAL Lepidonotothen kempi ...... Striped-eyed rockcod. Dissostichus eleginoides ...... Patagonian toothfish. REGISTER as soon as practicable after Dissostichus mawsoni ...... Antarctic toothfish. they are issued. Electrona carlsbergi ...... Lanternfish. Patagonothen brevicauda Patagonian rockcod. guntheri. Subpart G—Antarctic Marine Pleuragramma antarcticum ... . Living Resources Trematomus spp...... Antarctic cods. Chaenocephalus aceratus ..... Blackfin icefish. Chaenodraco wilsoni ...... Spiny icefish. AUTHORITY: 16 U.S.C. 2431 et seq., 31 U.S.C. Champsocephalus gunnari .... Mackerel icefish. 9701 et seq. Chionodraco rastrospinosus .. Ocellated icefish. Pseudochaenichthys South Georgia icefish. georgianus. § 300.100 Purpose and scope. (a) This subpart implements the Ant- Antarctic marine living resources or arctic Marine Living Resources Con- AMLR(s) means: vention Act of 1984 (Act). (1) The populations of finfish, mol- (b) This subpart regulates— lusks, crustaceans, and all other spe- (1) The harvesting of Antarctic ma- cies of living organisms, including rine living resources or other associ- birds, found south of the Antarctic ated activities by any person subject to Convergence; the jurisdiction of the United States or (2) All parts or products of those pop- by any vessel of the United States. ulations and set forth in para- (2) The importation into the United graph (1) of this definition. States of any Antarctic marine living Commission means the Commission resource. for the Conservation of Antarctic Ma- rine Living Resources established § 300.101 Definitions. under Article VII of the Convention. In addition to the terms defined in Convention waters means all waters § 300.2, in the Act, and in the Conven- south of the Antarctic Convergence. tion on the Conservation of Antarctic Dealer means the person who first re- Marine Living Resources, done at Can- ceives AMLRs from a harvesting vessel berra, Australia, May 7, 1980 (Conven- or transshipment vessel or who imports tion). Convention, the terms used in AMLRs into, or re-exports AMLRs this subpart have the following mean- from, the United States.

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Directed fishing, with respect to any playing the pennant approved by the species or stock of , 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 tion as provided for in § 300.107(c), land part of a customs union, any other or landing means the initial transfer of Member State of that customs union. 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 zone where the catch is certified by an Fishery means: authority of the Port State as landed. (1) One or more stocks of fish that Mobile transceiver unit means a vessel can be treated as a unit for purposes of monitoring system or VMS device, as conservation and management and set forth at § 300.116, installed on board that are identified on the basis of geo- a vessel that is used for vessel moni- graphical, scientific, technical, rec- toring and transmitting the vessel’s reational, and economic characteris- position as required by this subpart. tics. National observer means a U.S. na- (2) Any fishing for such stocks. tional placed and operating onboard a Harvesting vessel means any vessel of U.S. flagged vessel as a scientific ob- the United States (this includes any server or a foreign flagged vessel in ac- boat, ship, or other craft), that is used cordance with § 300.113. for, equipped to be used for, or of a NSF means National Science Founda- type that is normally used for har- tion, 4201 Wilson Boulevard, Arlington, vesting. VA 22230. Import as used in §§ 300.107(c) and Office for Law Enforcement (OLE) re- 300.114 means the physical entering or fers to the National Marine Fisheries bringing of a catch into any part of the Service, Office for Law Enforcement, geographical territory under the con- Northeast Division. trol of a State, except where the catch Port State means the State that has is landed or transshipped within the control over a particular port area or definitions of landing or trans- free trade zone for the purposes of land- shipment. ing, transshipment, importing, export- Individual permit means an NSF per- ing and re-exporting and whose author- mit issued under 45 CFR part 670; or an ity serves as the authority for landing NSF award letter (demonstrating that or transshipment certification. the individual has received an award Recreational fishing means fishing from NSF to do research in the Ant- with hook and line for personal use and arctic); or a marine mammal permit not for sale. issued under § 216.31 of this chapter; or Re-export as used in §§ 300.107(c) and an endangered species permit issued 300.114 means any movement of a catch under § 222.21 of this chapter. in its harvested or processed form from Inspection vessel means a vessel car- a territory under the control of a rying a CCAMLR inspector and dis- State, free trade zone, or Member State

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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 [61 FR 35550, July 5, 1996, as amended at 65 import is the first place of import, in FR 30015, May 10, 2000; 68 FR 23227, May 1, which case the movement is an export 2003; 72 FR 48508, Aug. 23, 2007] within the definition of export. 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 (a) Other conventions and treaties to permit from the NSF under 45 CFR which the United States is a party and part 670. Scientific research activities other Federal statutes and imple- may also include harvesting or other menting regulations may impose addi- associated activities if such activities tional restrictions on the harvesting are designated as scientific research and importation into the United States activities by the Assistant Adminis- of AMLRs. trator. (b) The ACA implements the Ant- Seal excluder device means a barrier arctic Treaty Agreed Measures for the within the body of a trawl comprised of Conservation of Antarctic Fauna and a metal frame, nylon mesh, or any ma- Flora (12 U.S.T. 794). The ACA and its terial that results in an obstruction to implementing regulations (45 CFR part seals between the mouth opening and 670) apply to certain defined activities the cod end of the trawl. The body of of U.S. citizens south of 60° S. lat. the trawl net forward of the barrier (c) The Marine Mammal Protection must include an escape opening Act of 1972 (16 U.S.C. 1361 et seq.), the through which seals entering the trawl Endangered Species Act of 1973 (16 can escape. U.S.C. 1531 et seq.), the Migratory Bird Specially Validated Dissostichus Catch Treaty Act (16 U.S.C. 701 et seq.), and Document (SVDCD) means a their implementing regulations also Dissostichus catch document that has apply to the harvesting and importa- been specially issued by a State to ac- tion of AMLRs. company seized or confiscated catch of Dissostichus spp. offered for sale or oth- § 300.103 Procedure for according pro- erwise disposed of by the State. tection to CCAMLR Ecosystem Mon- Transship or transshipment means the itoring Program Sites. transfer of fish or fish products from (a) General. (1) Any person subject to one vessel to another; Except for pur- the jurisdiction of the United States poses of catch documentation as pro- must apply for and be granted an entry vided for in §§ 300.107(c) and 300.114, permit authorizing specific activities transship or transshipment means the prior to entering a CCAMLR Eco- transfer at sea of a catch in its har- system Monitoring Program (CEMP) vested or processed form from a vessel Protected Site designated in accord- to another vessel or means of transport ance with the CCAMLR Conservation and, where such transfer takes place Measure describing the Procedures for within the territory under the control According Protection for CEMP Sites. of a Port State, for the purposes of ef- (2) If a CEMP Protected Site is also a fecting its removal from that State. site specially protected under the Ant- Temporarily placing a catch on land or arctic Treaty (or the Protocol on Envi- on an artificial structure to facilitate ronmental Protection to the Antarctic such transfer does not prevent the Treaty and its Annexes, when it enters transfer from being a transshipment into force), an applicant seeking to where the catch is not landed with the enter such a Protected Site must apply definition of landing. to the Director of the NSF for a permit Vessel Monitoring System (VMS) means under applicable provisions of the ACA a system or mobile transceiver unit ap- or any superseding legislation. The per- proved by NMFS for use on vessels that mit granted by NSF shall constitute a take AMLR, and that allows a Flag joint CEMP/ACA Protected Site permit State, through the installation of sat- and any person holding such a permit ellite-tracking devices on board its must comply with the appropriate

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