141 Part 300—International Fisheries Regulations

PART 300—INTERNATIONAL FIGURE 1 TO SUBPART E OF PART 300—BOUND- ARIES FOR SITKA SOUND LOCAL AREA MAN- FISHERIES REGULATIONS AGEMENT PLAN (LAMP) FIGURE 2 TO SUBPART E OF PART 300—SOUTH- Subpart A—General ERN SOUTHEAST ALASKA RURAL AND NON- RURAL AREAS Sec. FIGURE 3 TO SUBPART E OF PART 300—NORTH- 300.1 Purpose and scope. ERN SOUTHEAST ALASKA RURAL AND NON- 300.2 Definitions. RURAL AREAS 300.3 Relation to other laws. FIGURE 4 TO SUBPART E OF PART 300—PRINCE 300.4 General prohibitions. WILLIAM SOUND RURAL AND NON-RURAL 300.5 Facilitation of enforcement. AREAS FIGURE 5 TO SUBPART E OF PART 300—AN- Subpart B [Reserved] CHORAGE, MATANUSKA-SUSITNA, AND KENAI RURAL AND NON-RURAL AREAS Subpart C—Eastern Pacific Tuna Fisheries FIGURE 6 TO SUBPART E OF PART 300—ALASKA PENINSULA AND ALEUTIAN ISLANDS RURAL 300.20 Purpose and scope. AND NON-RURAL AREAS 300.21 Definitions. FIGURE 7 TO SUBPART E OF PART 300—WEST- 300.22 Recordkeeping and reporting require- ERN AND CENTRAL ALASKA RURAL AND ments. NON-RURAL AREAS 300.23 Persons and vessels exempted. TABLE 1 TO SUBPART E OF PART 300—DETER- 300.24 Prohibitions. MINATION OF COMMISSION REGULATORY 300.25 Fisheries management. AREA 2C ANNUAL COMMERCIAL ALLOCA- 300.26 Vessel monitoring system (VMS). TION FROM THE ANNUAL COMBINED CATCH 300.27 Incidental catch and tuna retention LIMIT FOR HALIBUT requirements. TABLE 2 TO SUBPART E OF PART 300—DETER- 300.28 FAD restrictions. MINATION OF COMMISSION REGULATORY 300.29 Observers. AREA 3A ANNUAL COMMERCIAL ALLOCA- TION FROM THE ANNUAL COMBINED CATCH Subpart D—South Pacific Tuna Fisheries LIMIT FOR HALIBUT TABLE 3 TO SUBPART E OF PART 300—DETER- 300.30 Purpose and scope. MINATION OF COMMISSION REGULATORY 300.31 Definitions. AREA 2C ANNUAL CHARTER HALIBUT ALLO- 300.32 Vessel licenses. CATION FROM THE ANNUAL COMBINED 300.33 Compliance with applicable national CATCH LIMIT laws. TABLE 4 TO SUBPART E OF PART 300—DETER- 300.34 Reporting requirements. MINATION OF COMMISSION REGULATORY 300.35 Vessel and gear identification. AREA 3A ANNUAL CHARTER HALIBUT AL- 300.36 Closed area stowage requirements. LOCATION FROM THE ANNUAL COMBINED 300.37 Radio monitoring. CATCH LIMIT 300.38 Prohibitions. 300.39 Exceptions. Subpart F—Fraser River Sockeye and Pink 300.40 Civil penalties. Salmon Fisheries 300.41 Investigation notification. 300.42 Findings leading to removal from 300.90 Purpose and scope. fishing area. 300.91 Definitions. 300.43 Observers. 300.92 Relation to other laws. 300.44 Other inspections. 300.93 Reporting requirements. 300.45 Vessel Monitoring System. 300.94 Prohibitions and restrictions. 300.46 Transshipping requirements. 300.95 Treaty Indian fisheries. 300.96 Penalties. Subpart E—Pacific Halibut Fisheries 300.97 Inseason orders. 300.60 Purpose and scope. Subpart G—Antarctic Marine Living 300.61 Definitions. Resources 300.62 Annual management measures. 300.63 Catch sharing plan and domestic 300.100 Purpose and scope. management measures in Area 2A. 300.101 Definitions. 300.64 Fishing by U.S. treaty Indian tribes. 300.102 Relationship to other treaties, con- 300.65 Catch sharing plan and domestic ventions, laws, and regulations. management measures in waters in and 300.103 Scientific research. off Alaska. 300.104 International Fisheries Trade Per- 300.66 Prohibitions. mits and AMLR first receiver permits. 300.67 Charter halibut limited access pro- 300.105 Preapproval for importation of fro- gram. zen Dissostichus species.

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300.106 Catch Documentation Scheme 300.175 Hail-in and hail-out reports. (CDS): Documentation and other require- 300.176 Prohibitions. ments. 300.107 Vessel permits and requirements. Subpart M—International Trade Docu- 300.108 Vessel and gear identification. mentation and Tracking Programs for 300.109 Initiating a new fishery. Highly Migratory Species 300.110 Exploratory fisheries. 300.111 Scientific observers. 300.180 Purpose and scope. 300.112 Vessel monitoring system. 300.181 Definitions. 300.113 CCAMLR Ecosystem Monitoring 300.182 International fisheries trade permit. Program sites. 300.183 Permit holder reporting and record- 300.114 Prohibitions. keeping requirements. 300.115 Facilitation of enforcement and in- 300.184 Species subject to permitting, docu- spection. mentation, reporting, and recordkeeping 300.116 Penalties. requirements. 300.185 Documentation, reporting and rec- Subpart H—Vessels of the United States ordkeeping requirements for consign- Fishing in Colombian Treaty Waters ment documents and re-export certificates. 300.120 Purpose. 300.186 Completed and approved documents. 300.121 Definitions. 300.187 Validation requirements. 300.122 Relation to other laws. 300.188 Ports of entry. 300.123 Certificates and permits. 300.189 Prohibitions. 300.124 Recordkeeping and reporting. 300.125 Vessel identification. Subpart N—Identification and Certification 300.126 Prohibitions. 300.127 Facilitation of enforcement. of Nations 300.128 Penalties. 300.200 Purpose and scope. 300.129 Fishing year. 300.201 Definitions. 300.130 Vessel and gear restrictions. 300.202 Identification and certification of 300.131 Conch harvest limitations. nations engaged in illegal, unreported, or 300.132 Lobster harvest limitations. unregulated fishing activities. 300.203 Identification and certification of Subpart I—United States-Canada Fisheries nations engaged in bycatch of protected Enforcement living marine resources. 300.204 Identification and certification of 300.140 Purpose and scope. nations whose vessels are engaged in 300.141 Definitions. shark catch. 300.142 Prohibitions. 300.205 Effect of certification. 300.143 Facilitation of enforcement. 300.206 Denial of port privileges and import 300.144 Penalties and sanctions. restrictions on fish or fish products. Subpart J—U.S. Nationals Fishing in Russian 300.207 Alternative procedures for nations identified as having vessels engaged in Fisheries IUU fishing activities that are not cer- 300.150 Purpose. tified in this subpart. 300.151 Definitions. 300.208 Alternative procedures for nations 300.152 Procedures. identified as having vessels engaged in 300.153 Permit issuance. bycatch of PLMRs that are not certified 300.154 Recordkeeping and reporting. in this subpart. 300.155 Requirements. 300.209 Alternative procedures for nations 300.156 Prohibited acts. identified as having vessels engaged in 300.157 Penalties. shark catch that are not certified in this subpart. Subpart K—Transportation and Labeling of Fish or Wildlife Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species 300.160 Requirement for marking of containers or packages. 300.210 Purpose and scope. 300.161 Alternatives and exceptions. 300.211 Definitions. 300.212 Vessel permit endorsements. Subpart L—Pacific Albacore Tuna Fisheries 300.213 Vessel information. 300.214 Compliance with laws of other na- 300.170 Purpose and scope. tions. 300.171 Definitions. 300.215 Observers. 300.172 Vessel list. 300.216 Transshipping, bunkering and net 300.173 Vessel identification. sharing. 300.174 Logbook reports. 300.217 Vessel identification.

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300.218 Reporting and recordkeeping re- Subpart A—General quirements. 300.219 Vessel monitoring system. 300.220 Confidentiality of information. AUTHORITY: 16 U.S.C. 2431 et seq., 31 U.S.C. 300.221 Facilitation of enforcement and in- 9701 et seq. spection. 300.222 Prohibitions. § 300.1 Purpose and scope. 300.223 Purse seine fishing restrictions. The purpose of this part is to imple- 300.224 Longline fishing restrictions. ment the fishery conservation and 300.225 Eastern High Seas Special Manage- management measures provided for in ment Area. the international treaties, conventions, 300.226 Oceanic whitetip shark and silky or agreements specified in each sub- shark. part, as well as certain provisions of 300.227 Framework for catch and fishing ef- the Lacey Act Amendments of 1981. fort limits. The regulations in this part apply, except where otherwise specified in this Subpart P—Vessels on IUU Vessel Lists part, to all persons and all places sub- 300.300 Purpose and scope. ject to the jurisdiction of the United 300.301 Definitions. States under the acts implemented 300.302 Port entry by foreign, listed IUU under each subpart. vessels. 300.303 Port access by foreign, listed IUU § 300.2 Definitions. vessels. In addition to the definitions in each 300.304 Prohibitions. act, agreement, convention, or treaty Subpart Q—International Trade specified in subparts B through K of Documentation and Tracking Programs this part, the terms used in this part have the following meanings: 300.320 Purpose and scope. Assistant Administrator means the As- 300.321 Definitions. sistant Administrator for Fisheries, 300.322 International Fisheries Trade Per- National Oceanic and Atmospheric Ad- mit. ministration, Department of Com- 300.323 Reporting and recordkeeping re- merce, or a designee. Address: Room quirements. 14555, 1315 East-West Highway, Silver 300.324 Seafood Traceability Program. Spring, MD 20910. 300.325 Prohibitions. Authorized officer means: Subpart R—High Seas Fisheries (1) Any commissioned, warrant, or petty officer of the U.S. Coast Guard; 300.330 Purpose. or any U.S. Coast Guard personnel ac- 300.331 Definitions. companying and acting under the di- 300.332 Issuing offices. rection of a commissioned, warrant, or 300.333 Vessel permits. petty officer of the U.S. Coast Guard; 300.334 Fisheries authorized on the high (2) Any special agent or fisheries en- seas. forcement officer of NMFS; or 300.335 Bottom fishing. (3) Any person designated by the 300.336 Vessel identification. head of any Federal or state agency 300.337 Requirements for Enhanced Mobile that has entered into an agreement Transceiver Units (EMTUs). with the Secretary of Commerce or the 300.338 Observers. Commandant of the U.S. Coast Guard 300.339 Transshipment on the high seas. 300.340 Prohibitions. to enforce the provisions of any statute 300.341 Reporting. administered by the Secretary. CCAMLR inspector means a person AUTHORITY: 16 U.S.C. 951 et seq., 16 U.S.C. designated by a member of the Com- 1801 et seq., 16 U.S.C. 5501 et seq., 16 U.S.C. 2431 mission for the Conservation of Ant- et seq., 31 U.S.C. 9701 et seq. arctic Marine Living Resources as an SOURCE: 61 FR 35550, July 5, 1996, unless inspector under Article XXIV of the otherwise noted. Convention on the Conservation of EDITORIAL NOTE: Nomenclature changes to Antarctic Marine Living Resources to part 300 appear at 64 FR 44431, Aug. 16, 1999, verify compliance with measures in ef- and at 76 FR 59305, Sept. 26, 2011. fect under the Convention.

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Exclusive Economic Zone or EEZ or the certificate number issued by a means the zone established by Presi- state or the USCG for an undocu- dential Proclamation 5030, dated March mented vessel, or any equivalent num- 10, 1983, as defined in 16 U.S.C. 1802(6). ber if the vessel is registered in a for- Fishing or to fish means: eign nation. (1) The catching or taking of fish; Operator means, with respect to any (2) The attempted catching or taking vessel, the master or other individual of fish; aboard and in charge of that vessel. (3) Any other activity that can rea- Owner means, with respect to any sonably be expected to result in the vessel: catching or taking of fish; or (1) Any person who owns that vessel (4) Any operations at sea in support in whole or part (whether or not the of, or in preparation for, any activity vessel is leased or chartered); described in paragraphs (1) through (3) (2) Any charterer of the vessel, of this definition. whether bareboat, time, or voyage; Fishing vessel means any vessel, boat, (3) Any person who acts in the capac- ship, or other craft that is used for, ity of a charterer, including but not equipped to be used for, or of a type limited to parties to a management normally used for fishing. agreement, operating agreement, or IATTC means the Inter-American any similar agreement that bestows Tropical Tuna Commission, established control over the destination, function, pursuant to the Convention for the Es- or operation of the vessel; or tablishment of an Inter-American (4) Any agent designated as such by a Tropical Tuna Commission. person described in this definition. Import means to land on, bring into, Person means any individual (wheth- or introduce into, or attempt to land er or not a citizen or national of the on, bring into, or introduce into, any United States), any corporation, part- place subject to the jurisdiction of the nership, association, or other entity United States, whether or not such (whether or not organized, or existing landing, bringing, or introduction, con- under the laws of any state), and any stitutes an importation within the Federal, state, local, or foreign govern- meaning of the customs laws of the ment or any entity of any such govern- United States. ment. IRCS means International Radio Call Regional Administrator means the Ad- Sign. ministrator of one of the six NMFS Re- Magnuson-Stevens Act means the Mag- gions, described in Table 1 of § 600.502 of nuson-Stevens Fishery Conservation this title, or a designee. and Management Act, 16 U.S.C. 1801 et Science and Research Director means seq. the Director of one of the six NMFS National of the United States or U.S. Fisheries Science Centers described in national means any person subject to Table 1 of § 600.502 of this title, or a des- the jurisdiction of the United States, ignee, also known as the Science Direc- including, but not limited to, a citizen tor. or resident of the United States, or a Secretary means the Secretary of person employed on a vessel of the Commerce or a designee. United States. In the case of a corpora- USCG means the United States Coast tion, partnership or other non- natural Guard. person, this includes, but is not limited Yellowfin tuna means any fish of the to, any entity that is the owner of a species Thunnus albacares (synonomy: vessel of the United States. Neothunnus macropterus). NMFS means the National Marine Fisheries Service, NOAA, Department [61 FR 35550, July 5, 1996, as amended at 76 of Commerce. FR 59305, Sept. 26, 2011] NMFS Headquarters means NMFS, 1315 East-West Highway, Silver Spring, § 300.3 Relation to other laws. MD 20910. Attention: Office of Inter- Other laws that may apply to fishing national Affairs. activities addressed herein are set Official number means the docu- forth in § 600.705 of chapter VI of this mentation number issued by the USCG title.

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§ 300.4 General prohibitions. same, or in contravention of directions It is unlawful for any person subject from such an officer. to the jurisdiction of the United States (j) Intentionally destroy evidence to: that could be used to determine if a (a) Violate the conditions or restric- violation of this part has occurred. tions of a permit issued under this (k) Assault, resist, oppose, impede, part. intimidate, threaten, obstruct, delay, (b) Fail to submit information, fail prevent, or interfere, in any manner, to submit information in a timely with an authorized officer in the con- manner, or submit false or inaccurate duct of any boarding, inspection, information, with respect to any infor- search, seizure, investigation, or arrest mation required to be submitted, rein connection with enforcement of this ported, communicated, or recorded pur- part. suant to this part. (l) Resist a lawful arrest or detention (c) Make any false statement, oral or for any act prohibited by this part. written, to an authorized officer concerning the catching, taking, har- (m) Interfere with, delay, or prevent, vesting, possession, landing, purchase, by any means, the apprehension, ar- sale, or transfer of fish, or concerning rest, or detection of another person, any other matter subject to investiga- knowing that such person has com- tion by that officer under this part. mitted any act prohibited by this part. (d) Conceal any material fact (includ- (n) Interfere with, obstruct, delay, or ing by omission), concerning any mat- prevent, by any means, an investiga- ter subject to investigation by an au- tion, search, seizure, or disposition of thorized officer under this part. seized property in connection with en- (e) Refuse to allow an authorized offi- forcement of this part. cer to inspect any report or record re- (o) Ship, transport, offer for sale, quired to be made or kept under this sell, purchase, import, export, or have part. custody, control, or possession of, any (f) Falsify, cover, or otherwise ob- fish imported, exported or re-exported scure, the name, home port, official in violation of this part. number (if any), or any other similar marking or identification of any fish- (p) Import, export, or re-export any ing vessel subject to this part such fish regulated under this part without that the vessel cannot be readily iden- a valid International Fisheries Trade tified from an enforcement vessel or Permit as required under § 300.322 or ap- aircraft. plicable shipment documentation as re- (g) Fail to comply immediately with quired under § 300.323. any of the enforcement and boarding (q) Violate any provision of any stat- procedures specified in this part. ute implemented by this part. (h) Refuse to allow an authorized of- (r) Attempt to do any of the fore- ficer to board a fishing vessel, or enter going. any other area of custody (i.e., any vessel, building, vehicle, live car, pound, [61 FR 35550, July 5, 1996, as amended at 81 pier, or dock facility where fish might FR 51133, Aug. 3, 2016] be found) subject to such person’s con- § 300.5 Facilitation of enforcement. trol, for the purpose of conducting any inspection, search, seizure, investiga- (a) Compliance. The operator of, or tion, or arrest in connection with the any other person aboard, any fishing enforcement of this part or any other vessel subject to this part must imme- applicable law. diately comply with instructions and (i) Destroy, stave, or dispose of in signals issued by an authorized officer any manner, any fish, gear, cargo, or or CCAMLR inspector to stop the ves- other matter, upon any communication sel, and with instructions to facilitate or signal from an authorized officer of safe boarding and inspection of the ves- the United States, or upon the ap- sel, its gear, equipment, fishing record proach of such an officer, enforcement (where applicable), and catch for pur- vessel, or aircraft, before the officer poses of enforcing this part. has had the opportunity to inspect

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(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. ladders at 46 CFR subpart 163.003 enti- (3) Except for fishing vessels with a tled Pilot Ladder. freeboard of 4 feet (1.25 m) or less, pro- (b) Communications. (1) Upon being vide, when requested by an authorized approached by a USCG vessel or air- officer or CCAMLR inspector, a pilot craft, or other vessel or aircraft with ladder capable of being used for the an authorized officer or CCAMLR in- purpose of enabling the authorized offi- spector aboard, the operator of a fish- cer or CCAMLR inspector to embark ing vessel must be alert for commu- and disembark the vessel safely. The nications conveying enforcement in- pilot ladder must be maintained in structions. good condition and kept clean. (2) VHF-FM radiotelephone is the (4) When necessary to facilitate the preferred method of communicating be- boarding or when requested by an au- tween vessels. If the size of the vessel thorized officer or CCAMLR inspector, and the wind, sea, and visibility condi- provide a manrope or safety line, and tions allow, a loudhailer may be used illumination for the pilot ladder. instead of the radio. Hand signals, plac- (5) Take such other actions as nec- ards, high frequency radiotelephone, essary to facilitate boarding and to en- voice, flags, whistle or horn may be sure the safety of the authorized officer employed by an authorized officer or or CCAMLR inspector and the boarding CCAMLR inspector, and message party. blocks may be dropped from an air- (d) Signals. The following signals, ex- craft. tracted from the International Code of (3) If other communications are not Signals, may be sent by flashing light practicable, visual signals may be by an enforcement unit when condi- transmitted by flashing light directed tions do not allow communications by at the vessel signaled. USCG units will loudhailer or radiotelephone. Knowl- normally use the flashing light signal edge of these signals by vessel opera- ‘‘L’’ which, in the International Code tors is not required. However, knowl- of Signals, means ‘‘you should stop edge of these signals and appropriate your vessel instantly.’’ action by a vessel operator may pre- (4) Failure of a vessel’s operator clude the necessity of sending the sig- promptly to stop the vessel when di- nal ‘‘L’’ and the necessity for the ves- rected to do so by an authorized officer sel to stop instantly. or CCAMLR inspector, or by an en- (1) ‘‘AA’’ repeated (.- .-) is the call to forcement vessel or aircraft, using an unknown station. The operator of loudhailer, radiotelephone, flashing the signaled vessel should respond by light, flags, whistle, horn or other identifying the vessel by radio- means constitutes prima facie evidence telephone or by illuminating the ves- of the offense of refusal to allow an au- sel’s identification. thorized officer or CCAMLR inspector (2) ‘‘RY-CY’’ (.-. -.-- -.-. -.--) means to board. ‘‘you should proceed at slow speed, a (5) A person aboard a vessel who does boat is coming to you.’’ This signal is not understand a signal from an en- normally employed when conditions forcement unit and who is unable to allow an enforcement boarding without obtain clarification by loudhailer or the necessity of the vessel being radiotelephone must consider the sig- boarded coming to a complete stop, or,

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in some cases, without retrieval of fish- by the 1949 Convention between the ing gear that may be in the water. United States of America and the Re- (3) ‘‘SQ3’’ (... --.- ...--) means ‘‘you public of Costa Rica (Antigua Conven- should stop or heave to; I am going to tion), the terms used in this subpart board you.’’ have the following meanings. If a term is defined differently in § 300.2, in the [61 FR 35550, July 5, 1996, as amended at 73 FR 67809, Nov. 17, 2008] Act, or in the Antigua Convention, the definition in this section shall apply. Subpart B [Reserved] Active FAD means a FAD whose location is being tracked by the vessel owner or operator using tracking Subpart C—Eastern Pacific Tuna equipment, such as radio or satellite Fisheries buoys. A FAD shall be considered an Active FAD unless/until the vessel is AUTHORITY: 16 U.S.C. 951 et seq. no longer tracking its location and the vessel owner or operator notifies the § 300.20 Purpose and scope. IATTC that the FAD is no longer ac- The regulations in this subpart are tive (i.e., deactivated). issued under the authority of the Tuna Commercial with respect to commer- Conventions Act of 1950, as amended, cial fishing, means fishing in which the (Act) and apply to persons and vessels fish harvested, either in whole or in subject to the jurisdiction of the part, are intended to enter commerce United States. The regulations imple- through sale, barter or trade. ment recommendations and other deci- Commercial passenger fishing vessel sions of the Inter-American Tropical means any vessel licensed for commer- Tuna Commission (IATTC) for the con- cial passenger fishing purposes within servation and management of stocks of the State out of which it is operating tunas and tuna-like species and other and from which, while under charter or species of fish taken by vessels fishing hire, persons are legally permitted to for tunas and tuna-like species in the conduct sportfishing activities. IATTC Convention Area. The Secretary Convention Area or IATTC Convention of Commerce, in consultation with the Area means all waters of the Pacific Secretary of State and, with respect to Ocean within the area bounded by the enforcement measures, the U.S. Coast west coast of the Americas and by 50° N Guard, may promulgate such regula- latitude from the coast of North Amer- tions as may be necessary to carry out ica to its intersection with 150° W lon- the U.S. international obligations gitude, then 150° W longitude to its under the Convention for the Estab- intersection with 50° S latitude, and lishment of an Inter-American Trop- then 50° S latitude to its intersection ical Tuna Commission (Convention), with the coast of South America. the Convention for the Strengthening Data buoy means, for the purpose of of the Inter-American Tropical Tuna § 300.25, a floating device, either drift- Commission Established by the 1949 ing or anchored, which is deployed by Convention between the United States one or more governmental or recog- of America and the Republic of Costa nized scientific organizations or enti- Rica (Antigua Convention), and the ties for the purpose of electronically Act, including recommendations and collecting and measuring environ- other decisions adopted by the IATTC. mental data, and not for the purpose of [82 FR 17385, Apr. 11, 2017] fishing activities, and which has been reported to the IATTC by a Member or § 300.21 Definitions. Cooperating non-Member of the Com- In addition to the terms defined in mission. § 300.2, in the Act, the Convention for Dolphin set means a purse seine set the Establishment of an Inter-Amer- where a class size 6 U.S. purse seine ican Tropical Tuna Commission (Con- vessel (greater than 363 metric tons vention), and the Convention for the carrying capacity) deploys a net on, or Strengthening of the Inter-American encircles, dolphins to catch yellowfin Tropical Tuna Commission Established tuna.

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Fish aggregating device (FAD) means a manta rays (Manta spp.) and devil rays manmade raft or other floating object (Mobula spp.). used to attract tuna and make them Observer means an individual placed available to fishing vessels. aboard a fishing vessel under the Fishing trip means a period that a IATTC observer program or any other fishing vessel spends at sea between international observer program in port visits and during which any fish- which the United States may partici- ing occurs. pate. Fishing vessel means any vessel, boat, Overall length means registered ship, or other craft that is used for, length, or the horizontal distance be- equipped to be used for, or of a type tween the outboard side of the fore- that is normally used for fishing or for most part of the stem and the outboard assisting or supporting a vessel en- side of the aftermost part of the stern, gaged in fishing, except purse seine excluding rudders, outboard motor skiffs. Floating object means any natural ob- brackets, and other similar fittings and ject or FAD around which fishing ves- attachments for a single-hull vessel; sels may catch tuna. for a multi-hull vessel, it is the hori- Floating object set means a purse seine zontal distance between the outboard set in which purse seine gear is de- side of the foremost part of the stem of ployed to encircle a floating object. the foremost hull and the outboard side Force majeure means, for the purpose of the aftermost part of the stern of of § 300.25, a situation in which a vessel the aftermost hull, excluding fittings at sea, except while transiting between or attachments (See 46 CFR 69.203). ports on a trip during which no fishing Regional Administrator means the Re- operations occur, is disabled by me- gional Administrator for the West chanical and/or structural failure, fire Coast Region, National Marine Fish- or explosion. eries Service, or a designee. Highly Migratory Species (HMS) Regional Vessel Register (hereafter re- Branch means the Chief of the HMS ferred to as Vessel Register) means the Branch of the Sustainable Fisheries Di- regional register of vessels authorized vision, National Marine Fisheries Serv- to fish for tuna and tuna-like species in ice West Coast Region, Suite 4200, 501 the Convention Area, as established by W Ocean Blvd., Long Beach, CA 90802, the Inter-American Tropical Tuna and [email protected]. Commission in June 2000. Incidental catch or incidental species Shark line means a type of fishing means species caught while fishing gear used to target sharks and con- with the primary purpose of catching a sisting of an individual hooked line or different species. An incidental catch is hooked lines attached to the floatline expressed as a percentage of the weight or directly to the floats of longline of the total fish on board. gear and deployed in the water column or means to begin Land Landing at depths shallower than the mainline. transfer of fish from a fishing vessel. South Pacific Tuna Treaty means the Once transfer begins, all fish on board the vessel are counted as part of the Treaty on Fisheries Between the Gov- landing. ernments of Certain Pacific Island Longline gear means a type of fishing States and the Government of the gear consisting of a main line that ex- United States of America (50 CFR part ceeds 1 nautical mile in length, is sus- 300, subpart D). pended horizontally in the water col- Sustainable Fisheries Division (SFD) umn anchored, floating, or attached to means the Assistant Regional Adminis- a vessel, and from which branch or trator for the Sustainable Fisheries Di- dropper lines with hooks are attached. vision, West Coast Region, National Mesh size means the distance between Marine Fisheries Service, or a des- the inside of one knot to the inside of ignee. the opposing knot when the mesh is Tender vessel means a vessel that does stretched, regardless of twine size. not engage in purse seine fishing but Mobulid ray means any animal in the tends to FADs in support of tuna fish- family Mobulidae, which includes ing operations.

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Transship means to unload fish from bridge log maintained and submitted at a vessel that caught fish to another the request of the IATTC shall be suffi- vessel. cient to comply with this paragraph, Transshipment receiving vessel means provided the items of information spec- any vessel, boat, ship, or other craft ified by the IATTC are accurately en- that is used to receive fish from a fish- tered in the log. For purse seine vessels ing vessel. of 400 st (362.8 mt) carrying capacity or Trip limit means the total allowable less and for non-purse seine vessels, amount of a species by weight of fish maintaining and submitting any log- that may be retained on board, trans- book required by existing state or fed- shipped, or landed from a single fishing eral regulation shall be sufficient to trip by a vessel that harvests tuna or comply with this paragraph. tuna-like species. (2) Whale shark encirclement reporting. Tropical tuna means any of the fol- The owner and operator of a purse lowing species: seine fishing vessel of the United States that encircles a whale shark Common name Scientific name (Rhincodon typus) while commercially Bigeye tuna ...... Thunnus obesus. fishing in the Convention Area must Skipjack tuna ...... Katsuwonus pelamis. ensure that the incident is recorded on Yellowfin tuna ...... Thunnus albacares. the log that is required by this paragraph (a). The log must include the fol- Tuna means any fish of the genus lowing information: The number of in- Thunnus and the species Katsuwonus dividual whale sharks with which the pelamis. vessel interacted, details of how and VMS unit, sometimes known as a why the encirclement happened, where ‘‘mobile transmitting unit,’’ means a it occurred, steps taken to ensure safe transceiver or communications device, release, and an assessment of the life including all hardware and software status of the whale shark upon release that is carried and operated on a vessel (including whether the animal was re- as part of a VMS. leased alive, but subsequently died), as [61 FR 35550, July 5, 1996] may be further specified by NMFS. (3) FAD data reporting for purse seine EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 300.21, see the List of CFR vessels—(i) Reporting on FAD inter- Sections Affected, which appears in the actions. U.S. purse seine vessel opera- Finding Aids section of the printed volume tors shall provide the observer with the and at www.govinfo.gov. FAD identification code and, as appropriate, the other information in the § 300.22 Recordkeeping and reporting FAD interaction standard format pro- requirements. vided by the HMS Branch. U.S. vessel (a) Logbooks and reporting on whale owners and operators, without an ob- sharks and FADs—(1) Logbook reporting. server onboard, must ensure that any The master or other person in charge interaction or activity with a FAD is of a commercial fishing vessel or com- reported using a FAD interaction mercial passenger fishing vessel standard format provided by the HMS (CPFV) authorized to fish for tuna and Branch. The owner and operator shall tuna-like species in the Convention ensure that the form is submitted Area, or a person authorized in writing within 30 days of each landing or trans- to serve as the agent for either person, shipment of tuna or tuna-like species must keep an accurate log of oper- to the address specified by the HMS ations conducted from the fishing ves- Branch. sel. For vessels greater than 400 st (ii) Reporting on Active FADs. U.S. (362.8 mt) carrying capacity that are vessel owners and operators must authorized to purse seine for tuna in record or maintain daily information the Convention Area, the log must in- on all Active FADs that have been de- clude for each day the date, noon posi- ployed in the water in the IATTC Con- tion (stated in latitude and longitude vention Area in the format and to the or in relation to known physical fea- address provided by the HMS Branch. tures), and the tonnage of fish on This information must be submitted board, by species. The record and for each calendar month no later than

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90 days after the month covered by the purse seine vessel or vessels being re- report. placed. (b) Vessel Register. The Vessel Reg- (3) Vessel information. (i) Information ister shall include, consistent with res- on each commercial fishing vessel or olutions of the IATTC, all commercial CPFV authorized to use purse seine, fishing vessels and CPFVs authorized longline, drift gillnet, harpoon, troll, to fish for tuna and tuna-like species in rod and reel, or pole and line fishing the Convention Area. Except as pro- gear to fish for tuna and tuna-like spe- vided under paragraph (b)(1) of this sec- cies in the Convention Area for sale tion, tuna purse seine vessels must be shall be collected by the Regional Ad- listed on the Vessel Register and cat- ministrator to conform to IATTC reso- egorized as active under paragraph lutions governing the Vessel Register. (b)(4)(i) of this section in order to fish This information initially includes, but for tuna and tuna-like species in the is not limited to, the vessel name and Convention Area. registration number; the name and (1) Exception. Once per year, a vessel business address of the owner(s) and that is permitted and authorized under managing owner(s); a photograph of an alternative international tuna purse the vessel with the registration num- seine fisheries management regime in ber legible; previous vessel name(s) and the Pacific Ocean may exercise an op- previous flag (if known and if any); tion to fish with purse seine gear to port of registry; International Radio target tuna in the Convention Area Call Sign; vessel length, beam, and without the vessel’s capacity counted moulded depth; gross tonnage, fish hold towards the cumulative carrying ca- capacity in cubic meters, and carrying pacity described under paragraph capacity in metric tons and cubic me- (b)(4)(i)(A) of this section. This excep- ters; engine horsepower; date and place tion is for a single fishing trip that where built; and type of fishing method does not exceed 90 days in duration. At or methods used. The required informa- any time during the calendar year, a tion shall be collected as part of exist- vessel exercising this exception shall ing information collections as de- follow the procedures, where applica- scribed in this and other parts of the ble, described in paragraphs (b)(4) of CFR. this section. No more than 32 of such (ii) IMO numbers. For the purpose of trips are allowed each calendar year. this section, an ‘‘IMO number’’ is the After the commencement of the 32nd unique six or seven digit number issued such trip, the Regional Administrator for a vessel under the ship identifica- shall announce, in the FEDERAL REG- tion number scheme adopted by the ISTER and by other appropriate means, International Maritime Organization that no more such trips are allowed for (IMO) and managed by the entity iden- the remainder of the calendar year. tified by the IMO (currently IHS Mari- Under § 216.24(b)(6)(iii)(C) of this title, time) and is also known as a Lloyd’s vessel assessment fees must be paid for Register number. vessels exercising this option. (iii) Requirements for IMO numbers. (2) Requirements for inclusion of purse The owner of a fishing vessel of the seine vessels on the Vessel Register. The United States used for commercial tuna purse seine portion of the Vessel fishing for tuna and tuna-like species Register shall include, consistent with in the IATTC Convention Area shall resolutions of the IATTC, only vessels ensure that an IMO number has been that fished in the Convention Area issued for the vessel if the vessel’s Cer- prior to June 28, 2002. Inclusion on the tificate of Documentation issued under tuna purse seine portion of the Vessel 46 CFR part 67 indicates that the ves- Register is valid through December 31 sel’s total internal volume is 100 gross of each year. New tuna purse seine ves- register tons or greater or 100 gross sels may be added to the Vessel Reg- tonnage or greater. In addition, the ister at any time to replace those pre- owner of a fishing vessel of the United viously removed by the Regional Ad- States engaging in fishing activities ministrator, provided that the total ca- for tuna or tuna-like species in the pacity of the replacement vessel or ves- IATTC Convention Area, and for which sels does not exceed that of the tuna a high seas fishing permit under

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§ 300.333 is required, shall ensure that with the requirements of paragraph an IMO number has been issued for the (b)(3)(iii) of this section within 30 days vessel if the vessel’s total internal vol- of being notified of the rescission. If ume is less than 100 gross registered the ownership of a fishing vessel tons or less than 100 gross tons, but changes, an exemption issued to the equal to or greater than 12 meters in former fishing vessel owner becomes overall length, as indicated in the ves- void. sel’s Certificate of Documentation (4) Purse seine Vessel Register listing. issued under 46 CFR part 67 or State For a tuna purse seine vessel to be list- documentation. A vessel owner may re- ed on the Vessel Register and to be cat- quest that an IMO number be issued for egorized as either ‘‘active’’ or ‘‘inac- a vessel by following the instructions tive’’ in the following calendar year, given by the administrator of the IMO the vessel owner or managing owner ship identification number scheme; must submit to the Regional Adminis- those instructions are currently avail- trator the required permit applica- able on the website of IHS Markit, tions, written notifications, and fees as https://imonumbers.lrfairplay.com/. described under § 216.24(b) of this title (iv) Request for exemption. In the and under paragraphs (b)(4)(ii) and (iii) event that a fishing vessel owner, after of this section as well as payment of following the instructions given by the the vessel assessment fee, where appli- designated manager of the IMO ship cable, to the IATTC. identification number scheme, is un- (i) Restrictions. The following restric- able to ensure that an IMO number is tions apply: issued for the fishing vessel, the fishing (A) The cumulative carrying capacity vessel owner may request an exemption of all tuna purse seine vessels on the from the requirement from the Re- Vessel Register may not exceed 31,866 gional Administrator. The request cubic meters in a given year; and must be sent by mail to NMFS HMS (B) A purse seine vessel in excess of Branch, West Coast Region, 501 W 400 st (362.8 mt) carrying capacity may Ocean Blvd., Suite 4200, Long Beach, not be added to active status on the CA 90802, or by email to Vessel Register unless the captain of [email protected], and must include the vessel has obtained a valid operator the vessel’s name, the vessel’s official permit under § 216.24(b)(2) of this title. number, a description of the steps (ii) Active status. As early as August 1 taken to request an IMO number, and a of each year, vessel owners or man- description of any responses from the aging owners may request that a purse administrator of the IMO ship identi- seine vessel qualified to be listed on fication number scheme. the Vessel Register under paragraph (v) Exemption process. Upon receipt of (b)(2) of this section be categorized as a request for an exemption under para- active for the following calendar year. graph (b)(3)(iv) of this section, the Re- To request a purse seine vessel in ex- gional Administrator will, to the excess of 400 st (362.8 mt) carrying capac- tent he or she determines appropriate, ity be listed on the Vessel Register and assist the fishing vessel owner in re- be categorized as active, the vessel questing an IMO number. If the Re- owner or managing owner must submit gional Administrator determines that to the Regional Administrator the ves- the fishing vessel owner has followed sel permit application and payment of all appropriate procedures and yet is the permit application fee and submit unable to obtain an IMO number for to the IATTC payment of the vessel as- the fishing vessel, he or she will issue sessment fee. an exemption from the requirements of (A) To request a purse seine vessel of paragraph (b)(3)(iii) of this section for 400 st (362.8 mt) carrying capacity or the vessel and its owner and notify the less be listed on the Vessel Register owner of the exemption. The Regional and be categorized as active, the vessel Administrator may limit the duration owner or managing owner must submit of the exemption. The Regional Admin- to the HMS Branch written notifica- istrator may rescind an exemption at tion including, but not limited to, a any time. If an exemption is rescinded, vessel photograph, the vessel informa- the fishing vessel owner must comply tion as described under paragraph (b)(3)

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of this section, and the owner or man- telephone and fax numbers. Payment of aging owner’s signature, business email the vessel assessment fee is not re- address, and business telephone and fax quired for vessels of 400 st (362.8 mt) numbers. If a purse seine vessel of 400 carrying capacity or less to be cat- st (362.8 mt) carrying capacity or less is egorized as inactive. required by the Agreement on the (C) At any time during the year, a IDCP to carry an observer, the vessel vessel owner or managing owner may owner or managing owner must also request that a tuna purse seine vessel submit payment of the vessel assess- qualified to be listed on the Vessel Reg- ment fee to the IATTC. ister under paragraph (b)(2) of this sec- (B) The Regional Administrator must tion be categorized as inactive for the receive the vessel permit application or remainder of the calendar year, pro- written notification and payment of vided the cumulative carrying capacity the permit application fee and pay- described in (b)(4)(i)(A) of this section ment confirmation of the vessel assess- is not exceeded. To request a purse ment fee no later than September 15 seine vessel in excess of 400 st (362.8 mt) for vessels for which a DML was re- carrying capacity be listed on the Ves- quested for the following year and no sel Register and categorized as inactive later than November 30 for vessels for for the remainder of the calendar year, which a DML was not requested for the the vessel owner or managing owner following year. Submission of the ves- must submit to the IATTC payment of sel permit application or written noti- the associated vessel assessment fee. fication and payment of the vessel as- To request a tuna purse seine vessel of sessment fee and permit application fee 400 st (362.8 mt) carrying capacity or will be interpreted by the Regional Ad- less be listed on the Vessel Register ministrator as a request for a vessel to and categorized as inactive for the re- be categorized as active. mainder of the calendar year, the ves- (iii) Inactive status. (A) From August sel owner or managing owner must sub- 1 through November 30 of each year, mit to the HMS Branch written notifi- vessel owners or managing owners may cation as described in (b)(4)(iii)(A) of request that purse seine vessels quali- this section. Payment of the vessel as- fied to be listed on the Vessel Register under paragraph (b)(2) of this section sessment fee is not required for such be categorized as inactive for the fol- vessels. lowing calendar year. To request a (D) The vessel owner or managing purse seine vessel in excess of 400 st owner of a purse seine vessel listed as (362.8 mt) carrying capacity be listed active on the Vessel Register that has on the Vessel Register and categorized sunk may request the vessel be listed as inactive for the following calendar as sunk and categorized as inactive on year, the vessel owner or managing the Vessel Register. To request the ves- owner must submit to the IATTC pay- sel be listed as sunk and categorized as ment of the associated vessel assess- inactive on the Vessel Register, the ment fee. Payment of the vessel assess- vessel owner or managing owner must ment fee consistent with inactive sta- submit to the HMS Branch written no- tus will be interpreted by the Regional tification within 30 days of the vessel’s Administrator as a request for the ves- sinking. Written notification shall in- sel to be categorized as inactive. clude, but is not limited to, the vessel (B) To request a tuna purse seine ves- name, date of sinking, registration sel of 400 st (362.8 mt) carrying capacity number, the vessel owner or managing or less be listed on the Vessel Register owner’s name, signature, business ad- and categorized as inactive for the fol- dress, business email address, and busi- lowing calendar year, the vessel owner ness telephone and fax numbers. For or managing owner must submit to the subsequent calendar years, vessel as- HMS Branch a written notification in- sessment fee payment shall be made as cluding, but not limited to, the vessel described in paragraph (b)(4)(iii) of this name and registration number and the section. vessel owner or managing owner’s (E) A vessel listed as inactive or sunk name, signature, business address, on the Vessel Register for more than business email address, and business two consecutive calendar years after

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January 21, 2020 requesting active sta- equal to or less than a vessel removed tus will be prioritized according to the from the Vessel Register under a re- hierarchy under paragraph (b)(4)(v) of quest described in paragraph (b)(9) of this section. A vessel listed as inactive this section; or sunk on the Vessel Register for (B) Requests received for vessels that more than two consecutive calendar were categorized as active in the pre- years after January 21, 2020 will be re- vious year, unless the request was de- moved from the Vessel Register as determined to be frivolous by the Re- scribed in paragraph (b)(5)(ix) of this gional Administrator under paragraph section. (b)(4)(ii) of this section; (iv) Frivolous requests. (A) Except as (C) Requests received for vessels that described under paragraph (b)(4)(iv)(B) were categorized as inactive under of this section, requests for active sta- paragraph (b)(4)(iii) of this section in tus under paragraph (b)(4)(ii) of this the previous year, unless that vessel section will be considered frivolous if, has been listed as inactive or sunk for a vessel categorized as active on the under paragraph (b)(4)(iii) of this sec- Vessel Register in a given calendar tion for more than 2 consecutive cal- year: endar years after January 21, 2020; (1) Less than 20 percent of the ves- (D) Requests for vessels not described sel’s total landings, by weight, in that in paragraphs (b)(4)(v)(A) through (C) same year is comprised of tuna har- of this section, and requests, if applica- vested by purse seine in the Convention ble, by replacement vessels for the por- Area; or tion of the carrying capacity greater (2) The vessel did not fish for tuna at than the amount authorized to the ves- all in the Convention Area in that sel that was replaced under paragraph same year. (b)(9) of this section, will be prioritized (B) Requests described under para- on a first-come, first-served basis ac- graph (b)(4)(iv)(A) of this section will cording to the date and time of receipt, not be considered frivolous requests if: provided that the associated vessel as- (1) The vessel’s catch pattern fell sessment fee is paid by the applicable within the criteria described in para- deadline described in § 216.24(b)(6)(iii) graph (b)(4)(iv)(A) of this section as a of this title; and result of force majeure or other extraordinary circumstances as deter- (E) Requests received from owners or mined by the Regional Administrator; managing owners of vessels that were or determined by the Regional Adminis- trator to have made a frivolous request (2) The vessel’s carrying capacity is 400 st (362.8 mt) or less and there was at for active status under paragraph least one documented landing of tuna (b)(4)(iv) of this section or that have caught by the vessel in the Convention been listed as inactive or sunk as de- Area in the calendar year prior to the scribed in paragraph (b)(4)(iii) of this year in which the request is made and section for more than two consecutive through November 15 of the year of the calendar years after January 21, 2020. request, unless the vessel was not able (5) Removal from the vessel register. A to make a landing as a result of force vessel may be removed from the Vessel majeure or other extraordinary cir- Register by the Regional Adminis- cumstances as determined by the Re- trator: gional Administrator. (i) If the vessel has sunk, and the ves- (3) The vessel was listed as inactive sel owner or managing owner has not before January 21, 2020 and has not submitted written notification as de- been listed as inactive for more than scribed in paragraph (b)(4)(iii)(D) of two consecutive calendar years since this section; January 21, 2020. (ii) Upon written request by the ves- (v) Listing hierarchy. Requests for ac- sel’s owner or managing owner; tive status and inactive status will be (iii) Following a final agency action prioritized according to the following on a permit sanction for a violation; hierarchy: and (A) Requests received for replace- (iv) For failure to pay a penalty or ment vessels with a carrying capacity for default on a penalty payment

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agreement resulting from a final agen- of a purse seine vessel of more than 400 cy action for a violation. st (362.8 mt) carrying capacity must (v) If the U.S. Maritime Administra- pay the vessel assessment fee associ- tion or the U.S. Coast Guard notifies ated with inactive status. The owner or NMFS that: managing owner of a purse seine vessel (A) The owner has submitted an ap- of 400 st (362.8 mt) carrying capacity or plication for transfer of the vessel to less must submit written notification foreign registry and flag; or as described in paragraph (b)(4)(iii) of (B) The documentation for the vessel this section. will be or has been deleted for any rea- (ii) A purse seine vessel may be added son. to the Vessel Register and categorized (vi) If the vessel does not have a valid as active in order to replace a vessel or state registration or U.S. Coast Guard vessels removed from active or inactive certificate of documentation; status under paragraph (b)(5) of this (vii) For tuna purse seine vessels, section, provided the total carrying ca- upon receipt of written notification pacity described in (b)(4)(i)(A) of this from the owner or managing owner of section is not exceeded and the owner the intent to transfer the vessel to for- submits a complete request under para- eign registry and flag, as described in graph (b)(7)(iv) or (v) of this section. paragraph (b)(8) of this section; or (iii) Notification of available capac- (viii) For tuna purse seine vessels, if ity after a purse seine vessel has been the request for active status on the removed from the Vessel Register will Vessel Register has been determined to be conducted as follows: be a frivolous request; or (A) After a purse seine vessel cat- (ix) If the vessel has been listed as in- egorized as active or inactive is re- active or sunk on the Vessel Register moved from the Vessel Register, the for more than two consecutive calendar Regional Administrator will notify years after January 21, 2020. owners or managing owners of vessels (6) Process for Removal from the Vessel eligible for, but not included on, the Register. When a vessel is removed from Vessel Register that replacement ca- the Vessel Register under paragraph pacity is available on the active or in- (b)(5) of this section, the Regional Ad- active list of the Vessel Register. ministrator shall promptly notify the (B) When a purse seine vessel cat- vessel owner in writing of the removal egorized as active or inactive on the and the reasons therefor. For a re- Vessel Register has been removed from moval from the Vessel Register under the Vessel Register under the proce- § 300.22(b)(5)(iii), the Regional Adminis- dures described in (b)(9) of this section, trator will not accept a request to rein- the Regional Administrator will not state the vessel to the Vessel Register make available the capacity of the ves- for the term of the permit sanction. sel removed from the Vessel Register, For a removal from the Vessel Register and will reserve that capacity for a re- under § 300.22(b)(5)(iv), the Regional Ad- placement vessel for a period of 2 years ministrator will not accept a request from the date of notification described to reinstate the vessel to the Vessel in (b)(9)(iv) of this section. The replace- Register until such time as payment is ment vessel will be eligible to be listed made on the penalty or penalty agree- as active on the Vessel Register at the ment, or such other duration as NOAA same carrying capacity or less as that and the vessel owner may agree upon. of the vessel it is replacing. If the re- (7) Procedures for replacing purse seine placement vessel has a carrying capac- vessels removed from the Vessel Register. ity greater than the vessel being re- (i) A purse seine vessel that was pre- placed, the vessel owner or managing viously listed on the Vessel Register, owner may request additional carrying but not included for a given year or capacity allocated to the vessel in ac- years, may be added back to the Vessel cordance with paragraph (b)(4)(v)(D) of Register and categorized as inactive at this section. If additional carrying ca- any time during the year, provided the pacity is not available, the replace- cumulative carrying capacity described ment vessel must reduce its carrying in (b)(4)(i)(A) of this section is not ex- capacity to no more than the pre- ceeded. The owner or managing owner viously authorized carrying capacity

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amount for the vessel being replaced by § 216.24(b) of this title and payment of complying with the protocol for sealing the vessel assessment fee to the IATTC wells adopted by the IATTC, prior to it and payment of the permit application being listed as active on the Vessel fee to the Regional Administrator Register. Such a vessel may apply for within 10 business days after submis- additional carrying capacity as it be- sion of the vessel permit application comes available under the procedures for the replacement vessel. The re- described in (b)(4)(v)(D) of this section. placement vessel will be eligible to be (iv) Vessel owners or managing own- categorized as active on the Vessel ers may request a purse seine vessel of Register at the same carrying capacity 400 st (362.8 mt) carrying capacity or as that of the vessel or vessels it is re- less be categorized as active to replace placing. If the replacement vessel has a a vessel or vessels removed from the carrying capacity greater than the ves- Vessel Register by submitting to the sel being replaced, the vessel owner or HMS Branch written notification as de- managing owner may request addi- scribed in paragraph (b)(4)(ii) of this tional carrying capacity allocated to section and, only if the vessel is re- the vessel in accordance with para- quired by the Agreement on the IDCP graph (b)(4)(v)(D) of this section. If ad- to carry an observer, payment of the ditional carrying capacity is not avail- vessel assessment fee to the IATTC able, the replacement vessel must re- within 10 business days after submis- duce its carrying capacity to no more sion of the written notification. The re- than the previously authorized car- placement vessel will be eligible to be rying capacity for the vessel or vessels categorized as active on the Vessel being replaced by complying with the Register at the same carrying capacity protocol for sealing wells adopted by or less as that of the vessel or vessels the IATTC, prior to it being listed as it is replacing. If the replacement ves- active on the Vessel Register. Such a sel has a carrying capacity greater vessel may apply for additional car- than the vessel being replaced, the ves- rying capacity as it becomes available. sel owner or managing owner may re- The replacement vessel will also only quest additional carrying capacity al- be eligible to be categorized as active located to the vessel in accordance on the Vessel Register if the captain of with paragraph (b)(4)(v)(D) of this sec- the replacement vessel possesses an option. If additional carrying capacity is erator permit under § 216.24(b) of this not available, the replacement vessel title. Payments received will be sub- must reduce its capacity to no more ject to a 10 percent surcharge for ves- than the previously authorized car- sels that were listed as active on the rying capacity for the vessel or vessels Vessel Register in the previous cal- being replaced by complying with the endar year, but not listed as inactive protocol for sealing wells adopted by at the beginning of the calendar year the IATTC, prior to it being listed as for which active status was requested. active on the Vessel Register. Such a (vi) The Regional Administrator will vessel may apply for additional car- forward requests to replace vessels re- rying capacity as it becomes available. moved from the Vessel Register within Payments received will be subject to a 15 days of receiving each request. 10 percent surcharge for vessels that (8) Transfers to a foreign registry and were listed as active on the Vessel Reg- flag. The owner or managing owner of a ister in the previous calendar year, but purse seine vessel listed on the Vessel not listed as inactive at the beginning Register must provide written notifica- of the calendar year for which active tion to the Regional Administrator status was requested. prior to submitting an application for (v) Vessel owners or managing own- transfer of the vessel to foreign reg- ers may request a purse seine vessel in istry and flag. Written notification excess of 400 st (362.8 mt) carrying ca- must be submitted to the Regional Ad- pacity be categorized as active to re- ministrator at least 10 business days place a vessel or vessels removed from prior to submission of the application the Vessel Register by submitting to for transfer. The written notification the Regional Administrator the vessel must include the vessel name and reg- permit application as described under istration number; the expected date

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that the application for transfer will be (iii) To request a vessel be replaced submitted; and the vessel owner or under this provision, the vessel owner managing owner’s name and signature. or managing owner must submit to the Vessels that require approval by the HMS Branch written notification in- U.S. Maritime Administration prior to cluding, but not limited to, the vessel transfer of the vessel to foreign reg- name and registration number, the ves- istry and flag will not be subject to the sel owner or managing owner’s name, notification requirement described in signature, business address, business this paragraph. email address, and business telephone (9) Aging fleet provision. (i) The vessel and fax numbers, and the expected owner or managing owner of a purse month and year the replacement vessel seine vessel listed as active or inactive will be ready to fish in the Convention on the Vessel Register may request to Area. replace the current vessel with a new (iv) Within 30 days of receiving each or used vessel without losing the ves- request described in (b)(9)(iii) of this sel’s placement in the hierarchy of re- section, the Regional Administrator quests for active status as described in shall notify the vessel owner or managing owner in writing whether the re- paragraph (b)(4)(v) of this section. The quest has been accepted or denied, and replacement vessel will be eligible to the reasons therefore. be listed as active on the Vessel Reg- ister at the same carrying capacity or [61 FR 35550, July 5, 1996, as amended at 66 less as that of the vessel it is replacing. FR 49320, Sept. 27, 2001; 70 FR 19010, Apr. 12, If the replacement vessel has a car- 2005; 74 FR 1618, Jan. 13, 2009; 76 FR 287, Jan. rying capacity greater than the vessel 4, 2011; 76 FR 68337, Nov. 4, 2011; 79 FR 56018, Sept. 18, 2014; 81 FR 1879, Jan. 14, 2016; 81 FR being replaced, the vessel owner or 36184, June 6, 2016; 83 FR 15509, Apr. 11, 2018; managing owner may request addi- 84 FR 70044, Dec. 20, 2019; 85 FR 8199, Feb. 13, tional carrying capacity be allocated 2020; 85 FR 35380, June 10, 2020; 85 FR 29669, to the vessel in accordance with para- May 18, 2020; 84 FR 70047, Dec. 20, 2019] graph (b)(4)(v)(D) of this section. If additional carrying capacity is not avail- § 300.23 Persons and vessels exempted. able at the time the request to be list- This subpart does not apply to: ed as active on the Vessel Register is (a) Any person or vessel authorized received by the Regional Adminis- by the IATTC, the Assistant Adminis- trator, the replacement vessel must re- trator, or any state of the United duce its carrying capacity to no more States to engage in fishing for research than the previously authorized car- purposes. rying capacity of the vessel being re- (b) Any person or vessel engaged in placed by complying with the protocol sport fishing for personal use. for sealing wells adopted by the IATTC, [61 FR 35550, July 5, 1996, as amended at 74 prior to it being listed as active on the FR 1620, Jan. 13, 2009] Vessel Register. Such a vessel may apply for additional carrying capacity § 300.24 Prohibitions. as it becomes available under the pro- In addition to the prohibitions in cedures described in paragraph § 300.4, it is unlawful for any person or (b)(4)(v)(D) of this section. This aging vessel subject to the jurisdiction of the fleet provision may be used only once United States to: per vessel by the vessel owner or man- (a) Land any species of tuna during aging owner. the closed season for that species in ex- (ii) A request made under this provi- cess of the amount allowed by the Re- sion may include a request to remove gional Administrator. the vessel from the Vessel Register. (b) [Reserved] The Regional Administrator will en- (c) Use tender vessels in the Conven- sure the amount of carrying capacity tion Area. equal to or less of the vessel being re- (d) Transship purse seine-caught tuna placed will be available for the replace- at sea within the Convention Area. ment vessel for up to 2 years from the (e) Fail to retain any bigeye, skip- date of notification described in para- jack, or yellowfin tuna caught by a graph (b)(9)(iv) of this section. fishing vessel of the United States of

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class size 4–6 using purse seine gear in (q) Remove from the water a data the Convention Area as required under buoy and place it on board or tow a § 300.27(a). data buoy with a U.S. fishing vessel (f) When using purse seine gear to used for fishing for HMS while the ves- fish for tuna in the Convention Area, sel is in the Convention Area without fail to release any fish species (exclud- authorization by the owner of the data ing mobulid rays, tuna, tuna-like spe- buoy or the owner’s authorized rep- cies, and those being retained for con- resentative in contravention of sumption aboard the vessel) as soon as § 300.25(f)(3). practicable after being identified on (r) In the event of an entanglement of board the vessel during the brailing op- a data buoy with a U.S. fishing vessel, eration as required in § 300.27(b). or its fishing gear, equipment, or asso- (g) [Reserved] ciated watercraft, used for fishing for (h) Fail to use the sea turtle han- HMS in the Convention Area, fail to dling, release, and resuscitation proce- promptly remove the data buoy with as dures in § 300.27(c). little damage to the data buoy and its (i) Fail to report information when mooring and anchor lines as possible, requested by the Regional Adminis- in contravention of § 300.25(f)(4). trator under § 300.22. (s) Fail to take all reasonable meas- (j) Fail to provide written notifica- ures to avoid fishing gear entangle- tion as described under § 300.22(b)(8) to ment or interaction with drifting data the Regional Administrator at least 10 buoys in contravention of § 300.25(f)(5). business days prior to submission of an (t) Use a U.S. fishing vessel to fish application to transfer a purse seine for HMS in the Convention Area and vessel listed on the Vessel Register to retain on board, transship, land, store, foreign registry and flag, unless trans- sell, or offer for sale any part or whole fer of the vessel requires approval by carcass of an oceanic whitetip shark the U.S. Maritime Administration. (Carcharhinus longimanus) or fail to re- (k) Use a U.S. fishing vessel over 24 lease unharmed, to the extent prac- meters in length to retain on board, ticable, all oceanic whitetip sharks transship, or land bigeye tuna caught when brought alongside the vessel in by longline gear in the Convention contravention of § 300.27(d). Area or to fish in contravention of (u) Use a United States commercial § 300.25(a)(4)(i) or (ii). fishing vessel in the Convention Area (l) Use a U.S. fishing vessel over 24 to target, retain on board, transship, or meters in overall length to fish with land Pacific bluefin tuna in contraven- longline gear in the Pacific Ocean both tion of § 300.25(g)(4) through (8) and inside and outside the Convention Area (g)(10) through (11). on the same fishing trip in contraven- (v) Fail to maintain, submit, or en- tion of § 300.25(a)(4)(iii). sure submission of a log that includes (m) Fail to stow gear as required in all the information required in § 300.25(a)(4)(iv) or (e)(6). § 300.22(a). (n) Use a fishing vessel of class size 4– (w) Set or attempt to set a purse 6 to fish with purse seine gear in the seine on or around a whale shark Convention Area in contravention of (Rhincodon typus) in contravention of § 300.25(e)(1), (2), or (5). § 300.27(g). (o) Use a U.S. longline or purse seine (x) Fail to release a whale shark en- fishing vessel used to fish for HMS circled in a purse seine net of a fishing within one nautical mile of an an- vessel as required in § 300.27(h). chored data buoy while the fishing ves- (y) Fail to install, activate, or oper- sel is in the Convention Area in con- ate a VMS unit as required in travention of § 300.25(f)(1). § 300.26(c). (p) Use a U.S. fishing vessel used for (z) In the event of VMS unit failure fishing for HMS, or any gear, equip- or interruption; fail to repair or re- ment, or watercraft deployed by such a place a VMS unit; fail to notify the fishing vessel, to interact with a data Special-Agent-In-Charge, NOAA Office buoy in the Convention Area in con- of Law Enforcement, Pacific Islands travention of § 300.25(f)(2). Division (or designee); and follow the

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instructions provided; or otherwise fail sure period in contravention of to act as provided in § 300.26(c)(4). § 300.28(d)(1). (aa) Disable, destroy, damage or op- (pp) Fail to timely remove from the erate improperly a VMS unit installed water a number of FADs in the IATTC under § 300.26, or attempt to do any of Convention Area equal to the number the same, or fail to ensure that its op- of FADs set upon by the vessel during eration is not impeded or interfered the 15 days prior to the start of the se- with, as provided in § 300.26(e). lected closure period as required in (bb) Fail to make a VMS unit in- § 300.28(d)(2). stalled under § 300.26 or the position (qq) Deploy, or have onboard a vessel, data obtained from it available for in- a FAD in the IATTC Convention Area spection, as provided in § 300.26 (f) and that fails to comply with the FAD de- (g). sign requirements in § 300.28(e). (cc) To retain on board, transship, store, land, sell, or offer for sale any [61 FR 35550, July 5, 1996] part or whole carcass of a mobulid ray, EDITORIAL NOTE: For FEDERAL REGISTER ci- as described in § 300.27(i). tations affecting § 300.24, see the List of CFR (dd) Fail to handle or release a Sections Affected, which appears in the mobulid ray as required in § 300.27(j). Finding Aids section of the printed volume (ee) Fail to ensure characters of a and at www.govinfo.gov. unique code are marked indelibly on a FAD deployed or modified on or after § 300.25 Fisheries management. January 1, 2017, in accordance with (a) Longline tuna catch limits. (1) Fish- § 300.28(a)(2). ing seasons for all tuna species begin (ff) Fail to provide information to an on 0000 hours Coordinated Universal observer or record or report data on Time (UTC) January 1 and end either FADs as required in § 300.22(a)(3). on 2400 hours UTC December 31 or when (gg) Use a commercial purse seine or NMFS closes the fishery for a specific longline fishing vessel of the United species. States to retain on board, transship, (2) For the calendar years 2018, 2019, store, or land any part or whole carcass 2020, there is a limit of 750 metric tons of a silky shark (Carcharhinus of bigeye tuna that may be caught by falciformis) in contravention of longline gear in the Convention Area § 300.27(e). by U.S. commercial fishing vessels that (hh) Fail to follow observer safety re- are over 24 meters in overall length. quirements as specified under § 300.29. The catch limit within a calendar year (ii) Fail to handle or release a shark is subject to increase if the United as required in § 300.27(k). States receives a transfer of catch (jj) Use a shark line in contravention limit from another IATTC member or of § 300.27(l). cooperating non-member, per para- (kk) When deploying a FAD, activate graph (a)(5) of this section. the transmission equipment attached (3) NMFS will project a date the to a FAD in a location other than on a limit of bigeye tuna established under purse seine vessel at sea as required in paragraph (a)(2) of this section will be § 300.28(b). reached (i.e., a closure date) by moni- (ll) Fail to turn on the tracking toring longline landings, data sub- equipment for an Active FAD before mitted in logbooks, and other available deploying at sea as required in information. NMFS will publish a no- § 300.28(b). tice in the FEDERAL REGISTER at least (mm) Deploy a FAD in the IATTC 7 calendar days in advance of that pro- Convention Area that is not an Active jected closure date announcing that FAD. the limit has been reached. The FED- (nn) Have more Active FADs than ERAL REGISTER notice will specify that specified in § 300.28(c) in the IATTC the restrictions described in paragraph Convention Area at any one time. (a)(4) of this section will be in effect (oo) Deploy a FAD in the IATTC Con- through the end of the calendar year. vention Area during a period of 15 days (4) Once the closure date is an- prior to the start of the selected clo- nounced, pursuant to paragraph (a)(3)

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of this section the following restric- fishing. Specifically, the hooks, branch tions will apply during the period spec- or dropper lines, and floats used to ified in the announcement: buoy the mainline must be stowed and (i) A fishing vessel of the United not available for immediate use, and States over 24 meters in overall length any power-operated mainline hauler on may not be used to retain on board, deck must be covered in such a manner transship, or land bigeye tuna captured that it is not readily available for use. by longline gear in the Convention This provision does not apply to trips Area, except as follows: in which vessels have made a declara- (A) Any bigeye tuna already on board tion to NMFS, pursuant to § 665.803(a) a U.S. fishing vessel upon the effective of this title, that the trip type is shal- closure date may be retained on board, low-setting. transshipped, and/or landed, to the ex- (5) If the United States engages in a tent authorized by applicable laws and transfer of a bigeye tuna catch limit regulations, provided that the bigeye with another IATTC member or cooper- tuna is landed within 14 days after the ating non-member, NMFS will publish effective closure date. a notice in the FEDERAL REGISTER an- (B) The 14-day limit is waived in the nouncing the new catch limit that is case of a U.S. fishing vessel that has al- available to U.S. commercial fishing ready declared to NMFS, pursuant to vessels that are over 24 meters in over- § 665.803(a) of this title, that the cur- all length. All restrictions described in rent trip type is shallow-setting. How- paragraphs (a)(1) and (3) through (4) of ever, the number of bigeye tuna re- this section will continue to apply. tained on board, transshipped, or land- (b) Use of tender vessels. No person ed must not exceed the number on subject to these regulations may use a board the vessel upon the effective clo- tender vessel in the Convention Area. sure date, as recorded by the NMFS ob- (c) Transshipments at sea. No person server on board the vessel. subject to these regulations may trans- (ii) Bigeye tuna caught by a vessel of ship purse seine-caught tuna from one the United States over 24 meters in vessel to another vessel at sea within overall length and using longline gear the Convention Area. in the Convention Area may not be (d) [Reserved] transshipped to a fishing vessel unless (e) Purse seine closures—(1) 72-day clo- that fishing vessel is operated in com- sure. A commercial purse seine fishing pliance with a valid permit issued vessel of the United States that is of under § 660.707 or § 665.801 of this title. class size 4–6 (more than 182 metric (iii) A fishing vessel of the United tons carrying capacity) may not be States over 24 meters in overall length used to fish with purse seine gear in may not be used to fish in the Pacific the Convention Area for 72 days in each Ocean using longline gear both inside of the years 2018, 2019, and 2020 during and outside the Convention Area dur- one of the following two periods: ing the same fishing trip. The only ex- (i) From 0000 hours Coordinated Uni- ceptions are: a fishing trip during versal Time (UTC) July 29, to 2400 which the closure date was announced hours UTC October 8, or under paragraph (a)(3) of this section, (ii) From 0000 hours UTC November 9 and a trip for which a declaration has to 2400 hours UTC January 19 of the fol- been made to NMFS, pursuant to lowing year. § 665.803(a) of this title, that the cur- (2) Choice of closure period. A vessel rent trip is shallow-setting. owner, manager, or association rep- (iv) If a fishing vessel of the United resentative of a vessel that is subject States over 24 meters in overall length to the requirements of paragraph (e)(1) is used to fish in the Pacific Ocean of this section must provide written using longline gear outside the Conven- notification to the Regional Adminis- tion Area and the vessel enters the trator declaring to which one of the Convention Area at any time during an two closure periods identified in para- effective closure period on the same graph (e)(1) of this section his or her fishing trip, the longline gear on the vessel will adhere in that year. This fishing vessel must be stowed in a man- written notification must be submitted ner so as not to be readily available for by fax at (562) 980–4047 or email at

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RegionalAdministrator two closure periods described in para- [email protected] and must be re- graph (e)(1) of this section. ceived no later than July 1 prior to the (iii) If the request for an exemption first closure period within a calendar due to force majeure is accepted by the year. The written notification must in- IATTC and the vessel has already ob- clude the vessel name and registration served a closure period described in number, the closure dates that will be paragraph (e)(1) of this section in the adhered to by that vessel, and the ves- same year during which the force sel owner or managing owner’s name, majeure event occurred, the vessel signature, business address, and busi- must observe a closure period of 40 con- ness telephone number. secutive days the following year the (3) Default closure period. If written force majeure event occurred, in one of notification is not submitted per para- the two closure periods described in graph (e)(2) of this section for a vessel paragraph (e)(1) of this section. subject to the requirements under (iv) Any purse seine vessel, for which paragraph (e)(1) of this section, that a force majeure request is accepted by vessel must adhere to the second clo- the IATTC, must carry an observer sure period under paragraph (e)(1)(ii) of aboard authorized pursuant to the this section. International Agreement on the Inter- (4) Request for exemption due to force national Dolphin Conservation Pro- majeure. A request for exemption due to gram. force majeure must be made to the (5) 31-day area closure. A fishing ves- Sustainable Fisheries Division within sel of the United States of class size 4– 20 calendar days after the vessel has 6 (more than 182 metric tons carrying been unable to proceed to sea for 72 capacity) may not be used from 0000 days by fax at (562) 980–4047 or emailed hours on October 9 to 2400 hours on No- to RegionalAdministrator. vember 8 in 2018, 2019, and 2020 to fish [email protected]. The request must with purse seine gear within the area include the name and official number bounded at the east and west by 96° and of the vessel, vessel owner or man- 110° W longitude and bounded at the ager’s name and signature, and evi- north and south by 4° N and 3° S lati- dence to support the request, which tude. may include but is not limited to pho- (6) Requirement to stow gear. At all tographs, repair bills, certificates of times while a vessel is in a time/area departure from port, and in the case of closed period established under para- a marine casualty, a completed copy of graphs (e)(1) or (5) of this section, un- the U.S. Coast Guard Form CG–2692A less fishing under the exception under (See 46 CFR 4.05–10). paragraph (e)(4) of this section, the (i) If accepted by the Sustainable fishing gear of the vessel must be Fisheries Division, the request for ex- stowed in a manner as not to be readily emption due to force majeure will be available for fishing. In particular, the forwarded to the IATTC Director. If de- boom must be lowered as far as pos- clined by the Sustainable Fisheries Di- sible so that the vessel cannot be used vision, within 10 days of the date of for fishing, but so that the skiff is ac- that rejection, the applicant may give cessible for use in emergency situa- additional information or documenta- tions; the helicopter, if any, must be tion to the Regional Administrator tied down; and launches must be se- with a request that the initial decision cured. be reconsidered by fax at (562) 980–4047 (f) Restrictions on fishing in proximity or email to RegionalAdministrator. to data buoys. (1) A longline or purse [email protected]; the Regional Ad- seine fishing vessel of the United ministrator shall respond within 14 States may not be used to fish for HMS business days. within one nautical mile of an an- (ii) If the request for an exemption chored data buoy in the Convention due to force majeure is accepted by the Area. The one-nautical-mile distance IATTC, the vessel must observe a clo- shall be measured from the data buoy sure period of 40 consecutive days in to the nearest portion of the fishing the same year during which the force vessel or items associated with the majeure event occurred, in one of the fishing vessel, such as gear or

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watercraft deployed by the fishing ves- (5) A vessel operator, crew member, sel, to the data buoy. This prohibition or other persons on board a fishing ves- shall not apply if and when the fishing sel of the United States that is used to vessel is operated as part of a scientific fish for HMS must take all reasonable research program that has received measures to avoid fishing gear entan- specific authorization by the IATTC or glement or interaction with drifting is conducting work on behalf of the data buoys. IATTC. (g) Pacific bluefin tuna (Thunnus (2) A fishing vessel of the United orientalis) commercial catch limits in the States used to fish for HMS, or any eastern Pacific Ocean for 2019–2020. The fishing gear, equipment, or watercraft following is applicable to the U.S. com- deployed by such a fishing vessel, may mercial fishery for Pacific bluefin tuna not be used to interact with a data in the Convention Area in the years buoy while the fishing vessel is in the 2019 and 2020. Convention Area. Interact with a data (1) The 2019–2020 biennial limit is 630 buoy means to engage in conduct that metric tons. could impair the functioning of a data (2) For the calendar year 2019, all buoy through actions that include but commercial fishing vessels of the that are not limited to the following: United States combined may capture, encircling the buoy with fishing gear; retain, transship, or land no more than tying up to or attaching the vessel, or 425 metric tons. any fishing gear, part or portion of the (3) In 2020, NMFS will publish a notice in the FEDERAL REGISTER announc- fishing vessel, including equipment ing the 2020 catch limit. For the cal- such as watercraft, to a data buoy or endar year 2020, all commercial fishing its mooring; or cutting a data buoy an- vessels of the United States combined chor line. may capture, retain on board, trans- (3) A vessel operator, crew member, ship, or land no more than the 2020 an- or other persons on board a fishing ves- nual catch limit. The 2020 catch limit sel of the United States that is used to is the lesser of: The 2019–2020 biennial fish for HMS may not remove a data limit reduced by the amount caught by buoy or any parts thereof from the U.S. commercial vessels in 2019; or 425 water and place it on board the fishing metric tons. vessel or tow a data buoy when in the (4) In 2019 and 2020, a 15-metric ton Convention Area unless authorized to trip limit will be in effect until NMFS do so by the owner of the data buoy or anticipates that catch will be within 50 an authorized representative or agent metric tons of the catch limit, after of the owner. When practicable, ad- which a 2-metric ton trip limit will be vance written authorization must be in effect upon the effective date pro- available onboard a U.S. fishing vessel vided in actual notice, in accordance that has taken on board or tows a data with paragraph (g)(8) of this section. In buoy. In all other cases, a written doc- 2020, if the catch limit is 125 mt or less, ument (e.g., fax, email) verifying the a 2-metric ton trip limit will be in ef- authorization must be obtained by the fect for the entire calendar year. vessel owner or operator within 15 days (5) After NMFS determines that the of landing. catch limits under paragraphs (g)(2) (4) In the event that a fishing vessel and (3) of this section are expected to of the United States that is used to fish be reached, NMFS will close the fishery for HMS or any of its fishing gear, effective upon the date and time pro- equipment, or associated watercraft, vided in the actual notice, in accord- becomes entangled with a data buoy ance with paragraph (g)(9) of this sec- while the fishing vessel is in the Con- tion. Upon the effective date in the ac- vention Area, the owner and operator tual notice, targeting, retaining on of the fishing vessel must promptly re- board, transshipping, or landing Pacific move the entangled fishing vessel, fish- bluefin tuna in the Convention Area ing gear, equipment, or associated shall be prohibited, as described in watercraft with as little damage to the paragraph (g)(6) of this section. data buoy and its mooring and anchor (6) After NMFS determines that the lines as possible. catch limits under paragraph (g)(4) of

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this section are expected to be reached, inseason action is published in the a 2 mt trip limit will be in effect upon FEDERAL REGISTER at an earlier time. the date and time provided in the ac- (10) For a purse seine vessel to retain tual notice, in accordance with para- or land greater than 2 metric tons of graph (g)(9) of this section. Pacific Pacific bluefin tuna while the 15-met- bluefin tuna in excess of 2 mt already ric ton trip limit is in effect, the vessel on board a vessel on the effective date owner or operator must provide a pre- and time of the actual notice may be trip notification to NMFS 24 hours in landed within 48 hours of the effective advance of departing on the fishing date and time provided in the actual trip. The notification shall be made to notice, provided a pre-trip notification NMFS at [email protected], has been submitted to NMFS. and must include the owner or opera- (7) Beginning on the date provided in tor’s name, contact information, vessel the actual notice of the fishing closure name, port of departure, and intended announced under paragraph (g)(5) of date and time of departure. this section, a commercial fishing ves- (11) As of July 1, 2019, if landing Pa- sel of the United States may not be cific bluefin tuna into the State of used to target, retain on board, trans- California, fish landing receipts (i.e., E- ship, or land Pacific bluefin tuna cap- tickets) must be submitted within 24 tured in the Convention Area through hours to the California Department of the end of the calendar year, with the Fish and Wildlife in accordance with exception that any Pacific bluefin tuna the requirements of applicable State already on board a fishing vessel on the regulations. effective date of the notice may be re- [64 FR 44431, Aug. 16, 1999] tained on board, transshipped, and/or landed within 14 days after the effec- EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 300.25, see the List of CFR tive date published in the fishing clo- Sections Affected, which appears in the sure notice, to the extent authorized Finding Aids section of the printed volume by applicable laws and regulations. and at www.govinfo.gov. (8) If an inseason action taken under paragraphs (g)(4), (5), (6), or (7) of this § 300.26 Vessel monitoring system section is based on overestimate of ac- (VMS). tual catch, NMFS will reverse that ac- (a) Assistant Director (AD), NOAA Of- tion in the timeliest possible manner, fice of Law Enforcement, Pacific Islands provided NMFS finds that reversing Division (or designee) and VMS Helpdesk that action is consistent with the man- contact information and business hours. agement objectives for the affected (1) The contact information for the AD species. The fishery will reopen effec- for the purpose of this section: 1845 tive on the date provided in the actual Wasp Blvd., Building 176, Honolulu, HI notice in accordance with paragraph 96818; telephone: (808) 725–6100; fac- (g)(9) of this section. simile: 808–725–6199; email: (9) Inseason actions taken under [email protected]; business hours: Mon- paragraphs (g)(4), (5), (6), (7), and (8) of day through Friday, except Federal this section will be by actual notice holidays, 8 a.m. to 4:30 p.m., Hawaii from posting on the National Marine Standard Time. Fisheries Service website (https:// (2) The contact information for the www.fisheries.noaa.gov /west-coast/ NOAA Office of Law Enforcement’s commercial- fishing/pacific-bluefin- tuna- VMS Helpdesk is telephone: (888) 219– commercial-harvest- status) and a United 9228, ext. 2; email: States Coast Guard Notice to Mariners. [email protected]. The business The Notice to Mariners will be broad- hours of the VMS Helpdesk are Monday cast three times daily for four days. through Friday, except Federal holi- This action will also be published in days, 7 a.m. to 11 p.m., Eastern Time. the FEDERAL REGISTER as soon as prac- (b) Applicability. This section applies ticable. Inseason actions will be effec- to any U.S. commercial fishing vessel tive from the time specified in the ac- that is 24 meters or more in overall tual notice of the action (i.e., website length and engaging in fishing activi- posting and United States Coast Guard ties for tuna or tuna-like species in the Notice to Mariners), unless the Convention Area, and for which either

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of the following permits is required: in the Convention Area for which ei- Pacific highly migratory species per- ther a Pacific highly migratory species mit under § 660.707, or high seas fishing permit or a high seas fishing permit is permit under § 300.13 of this part. required, provided that the owner or (c) Provisions for Installation, Activa- operator: tion and Operation—(1) VMS Unit Instal- (i) Prior to shutting down the VMS lation. The vessel owner or operator unit, reports to the AD or the NOAA must obtain and have installed on the Office of Law Enforcement’s VMS fishing vessel, in accordance with in- Helpdesk via facsimile, email, or web- structions provided by the AD and the form the following information: The VMS unit manufacturer, a VMS unit intent to shut down the VMS unit; the that is type-approved by NOAA for vessel’s name; the vessel’s official fisheries in the IATTC Convention number; an estimate for when the ves- Area. The vessel owner or operator sel’s VMS may be turned back on; and shall arrange for a NOAA-approved mo- telephone, facsimile or email contact bile communications service provider information for the vessel owner or op- to receive and relay transmissions erator. In addition, the vessel owner or from the VMS unit to NOAA at a de- operator shall receive verbal or written fault reporting interval of at least once confirmation from the AD before shut- per hour. NOAA, the USCG, and other ting down the VMS unit after the end authorized entities are authorized to of the fishing season; and receive and relay transmissions from (ii) When turning the VMS unit back the VMS unit. The NOAA OLE VMS on, report to the AD or the NOAA Of- Helpdesk is available to provide in- fice of Law Enforcement’s VMS structions for VMS installation and a Helpdesk, via mail, facsimile or email, list of the current type-approved VMS the following information: That the units and mobile communication serv- VMS unit has been turned on; the ves- ice providers. sel’s name; the vessel’s official number; (2) VMS Unit Activation. If the VMS and telephone, facsimile or email con- unit has not yet been activated as de- tact information for the vessel owner scribed in this paragraph, or if the or operator; and VMS unit has been newly installed or reinstalled, or if the mobile commu- (iii) Prior to leaving port, receive nications service provider has changed verbal or written confirmation from since the previous activation, or if di- the AD that proper transmissions are rected by the AD, the vessel owner or being received from the VMS unit. operator must, prior to leaving port: (4) Failure of VMS unit. If the VMS (i) Turn on the VMS unit to make it unit has become inoperable or trans- operational; mission of automatic position reports (ii) Submit a written activation re- from the VMS unit has been inter- port to the AD, via mail, facsimile or rupted, or if notified by NOAA or the email, that includes the vessel’s name; USCG that automatic position reports the vessel’s official number; the VMS are not being received from the VMS unit manufacturer and identification unit or that an inspection of the VMS number; and telephone, facsimile or unit has revealed a problem with the email contact information for the ves- performance of the VMS unit, the vessel owner or operator; and sel owner or operator shall comply (iii) Receive verbal or written con- with the following requirements: firmation from the AD that the proper (i) If the vessel is at port: The vessel VMS unit transmissions are being re- owner or operator shall repair or received from the VMS unit. place the VMS unit and ensure it is op- (3) VMS Unit Operation. The vessel erable before the vessel leaves port. owner and operator shall continuously (ii) If the vessel is at sea: The vessel operate the VMS unit at all times, ex- owner, operator, or designee shall con- cept that the VMS unit may be shut tact the AD by telephone, facsimile, or down while the vessel is in port or oth- email at the earliest opportunity dur- erwise not at sea, or if, after the end of ing the AD’s business hours and iden- the fishing season, the vessel will no tify the caller and vessel. The vessel longer be engaging in fishing activities operator shall follow the instructions

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provided by the AD which could in- (e) Tampering. The vessel owner and clude, but are not limited to, ceasing operator must ensure that the VMS fishing, stowing fishing gear, returning unit is not tampered with, disabled, de- to port, and/or submitting periodic po- stroyed, damaged or maintained im- sition reports at specified intervals by properly, and that its operation is not other means; and repair or replace the impeded or interfered with. VMS unit and ensure it is operable be- (f) Inspection. The vessel owner and fore starting the next trip. operator must make the VMS unit, in- (5) Related VMS Requirements. Install- cluding its antenna, connectors and an- ing, carrying and operating a VMS unit tenna cable, available for inspection by in compliance with the requirements in authorized officers. (g) Access to data. The vessel owner part 300 of this title, part 660 of this and operator must make the vessel’s title, or part 665 of this title relating to position data obtained from the VMS the installation, carrying, and oper- unit or other means immediately and ation of VMS units shall be deemed to always available for inspection by satisfy the requirements of this para- NOAA personnel, USCG personnel, and graph (c), provided that the VMS unit authorized officers. is operated continuously and at all times while the vessel is at sea, unless [80 FR 60538, Oct. 7, 2015] the AD authorizes a VMS unit to be § 300.27 Incidental catch and tuna re- shut down as described in paragraph tention requirements. (c)(3) of this section, the VMS unit and mobile communications service pro- (a) Tuna retention requirements for viders are type-approved by NOAA for purse seine vessels. Bigeye, skipjack, fisheries in IATTC Convention Area, and yellowfin tuna caught in the Con- vention Area by a fishing vessel of the and the specific requirements of para- United States of class size 4–6 (more graph (c)(4) of this section are followed. than 182 metric tons carrying capacity) If the VMS unit is owned by NOAA, the using purse seine gear must be retained requirement under paragraph (c)(4) of on board and landed, except for fish this section to repair or replace the deemed unfit for human consumption VMS unit will be the responsibility of for reasons other than size. This re- NOAA, but the vessel owner and oper- quirement shall not apply to the last ator shall be responsible for ensuring set of a trip if the available well capac- that the VMS unit is operable before ity is insufficient to accommodate the leaving port or starting the next trip. entire catch. (d) Costs. The vessel owner and oper- (b) Release requirements for fish species ator shall be responsible for all costs on purse seine vessels. All purse seine associated with the purchase, installa- vessels must release, as soon as prac- tion and maintenance of the VMS unit ticable after being identified on board and for all charges levied by the mobile the vessel during the brailing oper- communications service provider as ation, all billfish, rays (not including necessary to ensure the transmission of mobulid rays, which are subject to automatic position reports to NOAA as paragraph (i) of this section), dorado required in paragraph (c) of this sec- (Coryphaena hippurus), and other fish tion. However, if NOAA is paying for species. This requirement does not the VMS-associated costs because the apply to tuna or tuna-like species, or VMS unit is carried and operated under to other fish retained for consumption a requirement of part 300 of this title, aboard the vessel. Sharks caught in the part 660 of this title, or part 665 of this IATTC Convention Area and that are title, the vessel owner and operator not retained for consumption aboard shall not be responsible for costs that the vessel must be released according those regulations specify are the re- to the requirements in paragraph (k) of sponsibility of NOAA. In addition, this section. Tuna caught in the IATTC NOAA is responsible for the cost of any Convention Area are subject to the re- temporary increase in the default retention requirements in paragraph (a) porting interval to support active en- of this section. forcement investigations of specific (c) Sea turtle handling and release. All vessels. purse seine vessels must apply special

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sea turtle handling and release require- sponsible government authority ments, as follows: present at the point of landing. In U.S. (1) Whenever a sea turtle is sighted in ports the responsible governmental au- the net, a speedboat shall be stationed thority is the NOAA Office of Law En- close to the point where the net is lift- forcement divisional office nearest to ed out of the water to assist in release the port, or other authorized personnel. of the sea turtle; If no governmental authorities are (2) If a sea turtle is entangled in the available, the whole silky shark sur- net, net roll shall stop as soon as the rendered must not be sold or bartered sea turtle comes out of the water and but must be donated for purposes of do- shall not resume until the sea turtle mestic human consumption consistent has been disentangled and released; with relevant laws and policies. The (3) If, in spite of the measures taken vessel owner or operator shall report under paragraphs (c)(1) and (c)(2) of these incidences to the IATTC Secre- this section, a sea turtle is acciden- tariat by recording them in the IATTC tally brought on board the vessel alive Regional Purse Seine Logbook, or an- and active, the vessel’s engine shall be other form identified by NMFS. disengaged and the sea turtle shall be (g) Whale shark restrictions for purse released as quickly as practicable; seine vessels. Owners, operators, and (4) If a sea turtle brought on board crew of fishing vessels of the United under paragraph (c)(3) of this section is States commercially fishing for tuna alive but comatose or inactive, the rein the Convention Area may not set or suscitation procedures described in attempt to set a purse seine on or § 223.206(d)(1)(i)(B) of this title shall be around a whale shark (Rhincodon typus) used before release of the turtle. if the animal is sighted prior to the (d) Oceanic whitetip shark restrictions. commencement of the set or the at- The crew, operator, or owner of a fish- tempted set. ing vessel of the United States used to (h) Whale shark release. The crew, op- fish for HMS in the Convention Area erator, and owner of a fishing vessel of shall be prohibited from retaining on the United States commercially fishing board, transshipping, landing, storing, for tuna in the Convention Area must selling, or offering for sale any part or release as soon as possible, any whale whole carcass of an oceanic whitetip shark that is encircled in a purse seine shark (Carcharhinus longimanus) and net, and must ensure that all reason- must release unharmed, to the extent able steps are taken to ensure its safe practicable, all oceanic whitetip sharks release. No whale shark may be towed when brought alongside the vessel. out of a purse seine net (e.g., using tow- (e) Silky shark restrictions for purse ing ropes). seine vessels. The crew, operator, and (i) Mobulid ray restrictions. The crew, owner of a commercial purse seine or operator, and owner of a U.S. commer- longline fishing vessel of the United cial fishing vessel is prohibited from States used to fish for tuna or tuna- retaining on board, transshipping, stor- like species is prohibited from retaining, landing, selling, or offering for ing on board, transshipping, storing, or sale any part or whole carcass of a landing any part or whole carcass of a mobulid ray that is caught in the silky shark (Carcharhinus falciformis) IATTC Convention Area, except as pro- that is caught in the IATTC Conven- vided in the following sentence. In the tion Area, except as provided in para- case of any mobulid ray caught in the graph (f) of this section. IATTC Convention Area on an observed (f) Exception for silky shark caught and purse seine vessel that is not seen dur- frozen on purse seine vessels. In the case ing fishing operations and is delivered of a purse seine vessel operating in the into the vessel hold, the mobulid ray IATTC Convention Area that catches a may be stored on board and landed, but silky shark that is not seen during the vessel owner or operator must show fishing operations and is delivered into the whole mobulid ray to the on-board the vessel hold, the silky shark may be observer at the point of landing for re- stored on board and landed, but the cording purposes, and then dispose of vessel owner or operator must sur- the mobulid ray at the direction of the render the whole silky shark to the re- responsible government authority. In

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U.S. ports the responsible govern- a shark is live when caught, the crew, mental authority is the NOAA Office of operator, or owner must follow release Law Enforcement divisional office procedures in the following two para- nearest to the port, or other authorized graphs. personnel. Mobulid rays that are (1) Sharks must be released out of caught and landed in this manner may the purse seine net by directly releas- not be sold or bartered, but may be doing the shark from the brailer into the nated for purposes of domestic human ocean. Sharks that cannot be released consumption consistent with relevant without compromising the safety of laws and policies. persons or the sharks before being (j) Mobulid ray handling and release. landed on deck must be returned to the The crew, operator, and owner of a U.S. water as soon as possible, either uti- commercial fishing vessel must lizing a ramp from the deck connecting promptly release unharmed, to the ex- to an opening on the side of the boat, tent practicable, any mobulid ray or through escape hatches. If ramps or (whether live or dead) caught in the escape hatches are not available, the IATTC Convention Area as soon as it is sharks must be lowered with a sling or seen in the net, on the hook, or on the cargo net, using a crane or similar deck, without compromising the safety equipment, if available. of any persons. If a mobulid ray is live (2) No shark may be gaffed or hooked, when caught, the crew, operator, and lifted by the head, tail, gill slits or owner of a U.S. commercial fishing ves- spiracles, or lifted by using bind wire sel must use the release procedures de- against or inserted through the body, scribed in the following two para- and no holes may be punched through graphs. the bodies of sharks (e.g., to pass a (1) No mobulid ray may be gaffed, no cable through for lifting the shark). mobulid ray may be lifted by the gill (l) Shark line prohibition for longline slits or spiracles or by using bind wire vessels. Any U.S. longline vessel used to against or inserted through the body, fish for tuna or swordfish is prohibited and no holes may be punched through from using any shark line in the the bodies of mobulid ray (e.g., to pass IATTC Convention Area. a cable through for lifting the mobulid [81 FR 50403, Aug. 1, 2016, as amended at 81 ray). FR 86970, Dec. 2, 2016; 82 FR 56178, Nov. 28, (2) Applicable to purse seine oper- 2017; 84 FR 70048, Dec. 20, 2019; 85 FR 29669, ations, large mobulid rays must be May 18, 2020] brailed out of the net by directly releasing the mobulid ray from the § 300.28 FAD restrictions. brailer into the ocean. Large mobulid (a) FAD identification requirements for rays that cannot be released without purse seine vessels. (1) For each FAD de- compromising the safety of persons or ployed or modified on or after January the mobulid ray before being landed on 1, 2017, in the IATTC Convention Area, deck, must be returned to the water as the vessel owner or operator must ei- soon as possible, either utilizing a ther: obtain a unique code from HMS ramp from the deck connecting to an Branch; or use an existing unique iden- opening on the side of the boat, or low- tifier associated with the FAD (e.g., the ered with a sling or net, using a crane manufacturer identification code for if available. The minimum size for the the attached buoy). sling or net must be at least 25 feet in (2) U.S. purse seine vessel owners and diameter. operators shall ensure the characters (k) Shark handling and release require- of the unique code or unique identifier ments for purse seine vessels. The crew, be marked indelibly at least five centi- operator, and owner of a U.S. commer- meters in height on the upper portion cial purse seine fishing vessel must of the attached radio or satellite buoy promptly release unharmed, to the ex- in a location that does not cover the tent practicable, any shark (whether solar cells used to power the equip- live or dead) caught in the IATTC Con- ment. For FADs without attached vention Area, as soon as it is seen in radio or satellite buoys, the characters the net or on the deck, without com- shall be on the uppermost or emergent promising the safety of any persons. If top portion of the FAD. The vessel

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owner or operator shall ensure the ly wrapped such that no netting hangs marking is visible at all times during below the FAD when deployed; and, daylight. In circumstances where the (2) Subsurface: Any netting used in on-board observer is unable to view the the subsurface structure of the FAD code, the captain or crew shall assist must be tightly tied into bundles the observer (e.g., by providing the (‘‘sausages’’), or have stretched mesh FAD identification code to the ob- size less than 7 centimeters in a panel server). that is weighted on the lower end with (b) Activating FADs for purse seine ves- at least enough weight to keep the net- sels. When deploying a FAD, a vessel ting taut in the water column. owner, operator, or crew shall turn on [83 FR 15510, Apr. 11, 2018, as amended at 83 the tracking equipment while the FAD FR 62734, Dec. 6, 2018] is onboard the purse seine vessel and before it is deployed in the water. § 300.29 Observers. (c) Restrictions on Active FADs for The following requirements apply to purse seine vessels. U.S. vessel owners all on-board fisheries observers re- and operators of purse-seine vessels quired under this subpart, which in- with the following well volume (m3) cludes observers on purse seine, must not have more than the following longline vessels, and transshipment number of Active FADs per vessel in carrier vessels, and while on a fishing the IATTC Convention Area at any one trip in the IATTC Convention Area. time: (a) Contact information. A full list of Well volume Active FAD U.S. longline and IATTC purse seine (m3) limit observer providers and U.S. Govern- ment contacts for situations described 1,200 or more 450 426–1,199 300 in paragraphs (b) through (d) of this 213–425 120 section is available at the following 0–212 70 website: https://www.fisheries.noaa.gov /west-coast/partners/emergency- contacts- (d) Restrictions on FAD deployments vessel-owners- operators-and-observers- and removals. (1) U.S. vessel owners, op- longline-and-purse. erators, and crew of purse seine vessels (b) Loss of life. In the event that an of class size 4–6 (more than 182 metric observer dies, is missing, or presumed tons carrying capacity) must not de- fallen overboard, the owner or operator ploy a FAD during a period of 15 days of the fishing vessel must immediately prior to the start of the selected clo- notify a U.S. Government contact and sure period described in § 300.25(e)(1). the observer provider. (2) During the 15 days prior to the (c) Serious illness or injury. The owner start of the closure period selected by or operator of a fishing vessel of the the vessel per § 300.25(e)(1), U.S. vessel United States shall immediately report owners, operators, and crew of purse serious illness or injury that threatens seine vessels of class size 6 (greater the life and/or long-term health or than 363 metric tons carrying capacity) safety of an observer to the observer must remove from the water a number provider and a U.S. Government con- of FADs equal to the number of FADs tact. In addition, the owner or operator set upon by the vessel during that of the fishing vessel must: same 15 day period. (1) Immediately cease fishing oper- (e) FAD design requirements to reduce ations; entanglements. All FADs onboard or de- (2) Take all reasonable actions to ployed by U.S. vessel owners, opera- care for the observer and provide any tors, or crew, must comply with the medical treatment available and pos- following design requirements: sible on board the vessel, and where ap- (1) Raft: If the FAD design includes a propriate seek external medical advice; raft (e.g., flat raft or rolls of material) (3) Where directed by the observer and if mesh netting is used as part of provider, if not already directed by the the structure, the mesh netting shall appropriate U.S. Government contact, have a mesh size less than 7 centi- facilitate the disembarkation and meters and the mesh net must be tight- transport of the observer to a medical

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facility equipped to provide the re- Subpart D—South Pacific Tuna quired care, as soon as practicable; and Fisheries (4) Cooperate fully in any official investigations into the cause of the ill- AUTHORITY: 16 U.S.C. 973–973r. ness or injury. (d) Assault, intimidation, threat, or har- § 300.30 Purpose and scope. assment. For reporting violations in the This subpart implements the South event that an observer on a fishing ves- Pacific Tuna Act of 1988 (Act) and the sel of the United States has been as- Treaty on Fisheries Between the Gov- saulted, intimidated, threatened, or ernments of Certain Pacific Island harassed, the owner or operator of the States and the Government of the fishing vessel shall immediately notify United States of America (Treaty) and the observer provider and the NOAA applies to persons and vessels subject Office of Law Enforcement West Coast to the jurisdiction of the United Division Duty Officer line at (206) 526– States. 4851 of the situation and the status and location of the observer. In addition, § 300.31 Definitions. the owner or operator of the fishing In addition to the terms defined in vessel must: § 300.2, in the Act, and in the Treaty, (1) Immediately take action to pre- and unless the context requires other- serve the safety of the observer and wise, the terms used in this subpart mitigate and resolve the situation on have the following meanings. If a term board; is defined differently in § 300.2, the Act, (2) If the observer or the observer or the Treaty, the definition in this provider indicate that they wish for section shall apply. the observer to be removed from the Administrator means the individual or vessel, facilitate the safe disembarka- organization designated by the Pacific tion of the observer in a manner and Island Parties to act on their behalf place, as agreed by the observer pro- under the Treaty and notified to the vider and a U.S. Government contact, United States. that facilitates access to any needed Applicable national law means any of medical treatment; and the laws of Pacific Island Parties in the following table and any regulations or (3) Cooperate fully in any official in- other instruments having the force of vestigations into the incident. law implemented pursuant to these [85 FR 29669, May 18, 2020] 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. 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.

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Pacific Island Party Laws

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

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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 lon- gitudes; 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.

FFA Vessel Register means the reg- the FFA, comprising those vessels istry of fishing vessels maintained by

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which are in good standing and li- 176, Honolulu, HI 96818, facsimile: 808– censed to fish in the waters of FFA 725–5215, or a designee. 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 C 1°01′35″ N 129°30′00″ E in this definition, except for flights in D 10°00′00″ N 129°30′00″ E emergencies involving the health or E 14°00′00″ N 140°00′00″ E safety of crew members or the safety of F 14°00′00″ N 142°00′00″ E G 12°30′00″ N 142°00′00″ E a vessel. H 12°30′00″ N 158°00′00″ E Fishing arrangement means an ar- I 15°00′00″ N 158°00′00″ E rangement between a Pacific Island J 15°00′00″ N 165°00′00″ E K 18°00′00″ N 165°00′00″ E Party and the owner of a U.S. fishing L 18°00′00″ N 174°00′00″ E vessel that complies with section 6(b) M 12°00′00″ N 174°00′00″ E of the Act. N 12°00′00″ N 176°00′00″ E O 5°00′00″ N 176°00′00″ E Fishing vessel or vessel means any P 1°00′00″ N 180°00′00″ boat, ship, or other craft that is used Q 1°00′00″ N 164°00′00″ W for, equipped to be used for, or of a R 8°00′00″ N 164°00′00″ W ° ′ ″ ° ′ ″ type normally used for commercial S 8 00 00 N 158 00 00 W T 0°00′00″ 150°00′00″ W fishing, and that is documented under U 6°00′00″ S 150°00′00″ W the laws of the United States. V 6°00′00″ S 146°00′00″ W ° ′ ″ ° ′ ″ Licensing Area means all waters in W 12 00 00 S 146 00 00 W X 26°00′00″ S 157°00′00″ W the Treaty Area except for: Y 26°00′00″ S 174°00′00″ W (1) Those waters subject to the juris- Z 40°00′00″ S 174°00′00″ W diction of the United States in accord- AA 40°00′00″ S 171°00′00″ W AB 46°00′00″ S 171°00′00″ W ance with international law. AC 55°00′00″ S 180°00′00″ (2) Those waters within closed areas. AD 59°00′00″ S 160°00′00″ E AE 59°00′00″ S 152°00′00″ E and north (3) Those waters within limited areas along the 152 degrees closed to fishing. of East longitude until Licensing period means the period of intersecting the Aus- validity of licenses issued in accord- tralian 200-nautical- mile limit. ance with the Treaty. Operator means any person who is in UTC means Universal Coordinated charge of, directs or controls a vessel, Time. including the owner, charterer and Vessel Monitoring System Unit or VMS master. unit, sometimes known as a ‘‘mobile Pacific Island Party means a Pacific transmitting unit,’’ means Adminis- island nation that is a party to the trator-approved and NMFS-approved Treaty. VMS unit hardware and software that Pacific Islands Forum Fisheries Agency is installed on a vessel pursuant to or FFA means the organization estab- § 300.45. The VMS units are a compo- lished by the 1979 South Pacific Forum nent of the regional vessel monitoring Fisheries Agency Convention. system administered by the FFA, as Regional Administrator means the Re- well as of the vessel monitoring system gional Administrator, Pacific Islands administered by NMFS, and as such are Region, NMFS, 1845 Wasp Blvd., Bldg. used to transmit information between

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the vessel and the Administrator and istrator. The Regional Administrator’s NMFS and/or other reporting points approval is indicated by the signature designated by NMFS. of the Regional Administrator on the [61 FR 35550, July 5, 1996, as amended at 72 part of the application form labeled FR 6149, Feb. 9, 2007; 75 FR 74643, Dec. 1, 2010; ‘‘Schedule 1.’’ Upon approval by the 79 FR 64110, Oct. 28, 2014] Regional Administrator of a license application, the complete application will § 300.32 Vessel licenses. be forwarded to the Administrator for (a) Each vessel fishing in the Licens- consideration. Except as provided in ing Area must have a license issued by paragraph (n) of this section, prior to the Administrator for the licensing pe- approving license applications for a riod being fished, unless exempted by given licensing period, the Regional § 300.39. Each licensing period begins on Administrator will issue pre-approvals June 15 and ends on June 14 of the fol- of license applications that serve the lowing year. purpose of temporarily reserving ap- (b) Upon receipt, the license or a provals up until the time complete ap- copy or facsimile thereof must be car- plications are due to be received by the ried on board the vessel when in the Li- Regional Administrator. censing Area or Closed Areas, and must be produced at the request of author- (e) The Regional Administrator, in ized officers, authorized party officers, his or her sole discretion, may approve or authorized inspectors. A vessel may fewer license applications than there be used to fish in the Licensing Area if are licenses available for any given li- the license has been issued but not yet censing period or at any given time. received, provided that the license (f) A pre-approval or approval issued number is available on board. by the Regional Administrator pursu- (c) The total number of licenses that ant to this section: may be issued and valid at any point in (1) Shall not confer any right of com- time is 45, five of which shall be re- pensation to the recipient of such pre- served for fishing vessels of the United approval or approval; States engaged in joint venture ar- (2) Shall not create, or be construed rangements. to create, any right, title, or interest (1) For the purpose of this section, in or to a license or any fish; and the licenses reserved for vessels en- (3) Shall be considered a grant of per- gaged in joint venture arrangements mission to the recipient of the pre-ap- are referred to as ‘‘joint venture li- proval or approval to proceed with the censes,’’ and the remaining licenses are process of seeking a license from the referred to as ‘‘general licenses.’’ Administrator. (2) A joint venture arrangement is (g) A pre-approval or approval issued one in which the subject vessel and its operators are engaged in fishing-re- by the Regional Administrator pursu- lated activities designed to maximize ant to this section is subject to being the benefits generated for the Pacific rescinded at any time if the Regional Island Parties from the operations of Administrator determines that an ad- fishing vessels licensed pursuant to the ministrative error has been made in its Treaty, as determined by the Adminis- granting, false information has been trator. Such activities can include the provided by the applicant, cir- use of canning, transshipment, vessel cumstances have changed such that the slipping and repair facilities located in information provided by the applicant the Pacific Island Parties; the purchase is no longer accurate, true or valid, or of equipment and supplies, including if the applicant or vessel no longer fuel supplies, from suppliers located in meets the requirements for licensing the Pacific Island Parties; and the em- under this subpart or under the Act or ployment of nationals of the Pacific Is- other applicable law. NMFS will notify land Parties on board such vessels. the applicant of its rescission of a pre- (d) Licenses are issued by the Admin- approval or approval within 14 days of istrator. The Administrator will issue the rescission. In the event that the licenses only for applications that have Regional Administrator rescinds an ap- been approved by the Regional Admin- proval after the license has been

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issued, NMFS will notify the Adminis- (A) The licensing period for which trator of such, and request that the Ad- the license is being sought. ministrator immediately revoke the li- (B) The current name, IRCS, and an- cense. nual USCG Certificate of Documenta- (h) Application process for general li- tion number of the vessel. censes. (1) A vessel operator who satis- (ii) For all other expressions of inter- fies the requirements for licensing est that do not meet the criteria in under the Act and under this subpart paragraph (h)(5)(i) of this section, the may apply for a general license. expression of interest shall include: (2) In order for a general license to be (A) The licensing period for which issued for a vessel, an applicant must the license is being sought. submit a complete application to, and (B) The full name and address of each obtain an application approval from, person who is, or who is anticipated to the Regional Administrator. be, an operator of the vessel for which (3) Except for the 2011–2012 licensing a license is sought, and for each such period, prior to submitting a complete person, a statement of whether the per- application, an applicant may request son is, or is anticipated to be, owner, pre-approval of an application by the charterer, and/or master of the vessel. Regional Administrator by submitting an expression of interest. A pre-ap- (C) A statement of whether or not proval of an application establishes the vessel to be licensed is known, and that the applicant is eligible to be con- if it is known, the current name, IRCS, sidered for one of the available licenses and annual USCG Certificate of Docu- following timely submission of a com- mentation number, if any, of the ves- plete application. Although submission sel. of an expression of interest is entirely (D) A copy of the vessel’s current voluntary, applications that have not USCG Certificate of Documentation. If been pre-approved might not be eligible the vessel has not been issued such a for approval if the number of applica- document, then a statement of whether tions exceeds the number of available application has been or will be made licenses for a given licensing period. A for a USCG Certificate of Documenta- pre-approval will be deemed to be void tion, including identification of all en- if the applicant fails to submit a com- dorsements sought in such application. plete application by the date estab- (E) If the vessel is known, a list of lished in paragraph (h)(6) of this sec- the licensing periods, if any, during tion. which a license for the vessel was (4) Except as provided in paragraph issued under this section. (n) of this section, in order to obtain a (F) If the vessel is known, a state- pre-approval for a given licensing pe- ment of the total amount, in metric riod, either an expression of interest or tons, of any tuna species landed or a complete application must be sub- transshipped from the vessel at United mitted to and received by the Regional States ports, including ports located in Administrator no later than June 1st of any of the States, for each of the cal- the year preceding the year in which endar years 1988 through the current the licensing period begins. year. (5) An expression of interest must in- (6) A complete application for a given clude the information listed below, licensing period may be submitted to which may be submitted by electronic the Regional Administrator at any or hard-copy correspondence following time up to May 15th within the licens- instructions provided by the Regional ing period, but in order to be consid- Administrator. ered for approval in the event that (i) If the expression of interest is for more applications are received by the a vessel for which, as of the June 1st Regional Administrator than there are due date for submitting such expres- licenses available, a complete applica- sion of interest, NMFS has issued an tion must be received by the Regional application approval for the licensing Administrator as follows: period that starts that year (i.e., a re- (i) No later than February 5th of the newal of the license is being sought), year in which the licensing period be- the expression of interest shall include: gins; or

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(ii) If a pre-approval of the applica- (viii) A copy of the VMS unit instal- tion was issued in accordance with lation certificate, issued by the Admin- paragraphs (k)(8) or (k)(9) of this sec- istrator-authorized person who in- tion, not later than the date specified stalled the VMS unit, for the VMS unit by NMFS in the notification of such installed on the vessel in accordance pre-approval (which will be calculated with § 300.45. by NMFS to be no later than 194 days (ix) An FFA Vessel Register applica- from the date of mailing of the notifi- tion form that includes all the applica- cation of the pre-approval). ble information specified in the form. (7) License application forms, which (x) In the case of an application for a include the ‘‘Schedule 1’’ form and the vessel that does not meet the criteria FFA Vessel Register application form, in paragraph (h)(5)(i) of this section, are available from the Regional Ad- any information under paragraph ministrator. The complete application (h)(5)(ii) of this section that has not al- must be received by the Regional Ad- ready been provided or that has ministrator as specified in paragraph changed since it was previously sub- (h)(6) of this section. An application mitted. shall not be complete, and shall not be (i) Application process for joint venture subject to processing, unless it con- licenses. (1) A vessel operator who satis- tains all of the information specified fies the requirements for licensing on the ‘‘Schedule 1’’ form and all the under the Act and under this subpart items listed in paragraphs (h)(7)(i) may apply for a joint venture license. through (h)(7)(x) of this section, as follows: (2) The applicant, in coordination (i) The licensing period for which the with one or more Pacific Island Par- license is requested. ties, shall contact the Administrator (ii) The name of an agent, located in to determine the specific information Port Moresby, Papua New Guinea, who, and documents that are required by the on behalf of the license holder, will re- Administrator in order to obtain an ceive and respond to any legal process initial approval from the Adminis- issued in accordance with the Treaty. trator for a joint venture license. The (iii) Documentation from an insur- applicant shall submit such required ance company showing that the vessel information and documents directly to will be fully insured for the licensing the Administrator. Once an initial ap- period against all risks and liabilities proval is obtained from the Adminis- normally covered by maritime liability trator, the applicant shall submit a insurance. complete application package, as de- (iv) If the owner or charterer is the scribed in paragraph (h)(7) of this sec- subject of proceedings under the bank- tion, to the Regional Administrator, ruptcy laws of the United States, a along with dated documentation of the statement that the owner or charterer Administrator’s initial approval, and a will be financially able to fulfill any letter or other documentation from the and all responsibilities under the Trea- relevant national authority or authority, Act, and regulations, including the ties of the Pacific Island Party or Par- payment of any penalties or fines. ties identifying the joint venture part- (v) A copy of the vessel’s current an- ner or partners and indicating the Par- nual USCG Certificate of Documenta- ty’s or Parties’ approval of the joint tion. venture arrangement and its or their (vi) Electronic versions of full color concurrence that a joint venture li- photographs of the vessel in its current cense may be issued for the vessel. form and appearance, including a bow- (j) Appeals—(1) Eligibility. Any appli- to-stern side-view photograph of the cant who is denied a pre-approval or an vessel that clearly and legibly shows approval under this section may appeal the vessel markings, and a photograph the denial. The appeal must be made in of every area of the vessel that is writing and must clearly state the marked with the IRCS assigned to the basis for the appeal and the nature of vessel. the relief that is requested. The appeal (vii) A schematic stowage/well plan must be received by the Regional Ad- for the vessel. ministrator not later than 14 days after

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the date that the notice of denial is (2) NMFS will approve no more appli- postmarked. cations for a given licensing period (2) Appeal review. Upon receipt of an than there are licenses available for appeal, the Regional Administrator that licensing period. will appoint a designee who will review (3) NMFS will not approve a license the basis of the appeal and issue an ini- application if it determines that: tial written decision. The written deci- (i) The application is not in accord sion will be mailed to the applicant with the Treaty, Act, or regulations; within 30 days of receipt of the appeal. (ii) The owner or charterer is the sub- If the appellant does not request a re- ject of proceedings under the bank- view within 10 days of mailing of the ruptcy laws of the United States, and initial decision, the initial decision is reasonable financial assurances have the final administrative action of the not been provided to the Secretary Department of Commerce. If, within 10 that the owner or charterer will be fi- days of mailing of the initial decision, nancially able to fulfill any and all re- the Regional Administrator receives sponsibilities under the Treaty, Act, from the appellant a written request and regulations, including the payment for review of the initial decision, the of any penalties or fines; Assistant Administrator or a designee (iii) The owner or charterer has not will review the basis of the appeal and established to the satisfaction of the issue a final written decision. The final Secretary that the vessel will be fully decision will be made within 30 days of insured for the licensing period against receipt of the request for review of the all risks and liabilities normally cov- initial decision. The decision of the As- ered by maritime liability insurance; sistant Administrator or designee con- or stitutes the final administrative action (iv) The owner or charterer has not of the Department of Commerce. paid any final penalty assessed by the (k) Procedures used by the Secretary to Secretary in accordance with the Act. review and process applications for gen- (4) Except as provided in paragraph eral licenses. The procedures in this (n) of this section, no later than July paragraph apply to the process used by 16th of each year, NMFS will pre-ap- NMFS, on behalf of the Secretary and prove applications from among the ex- in consultation with the Secretary of pressions of interest and complete ap- State, to review expressions of interest plications that were received by June and complete applications, and to ap- 1st of the current year for the licensing prove applications. For the purpose of period that starts the following year as this section, NMFS’ approval of an ap- provided in this paragraph. If the num- plication means the signing by the Re- ber of expressions of interest and com- gional Administrator of the ‘‘Schedule plete applications does not exceed the 1’’ part of the application form, indi- number of licenses available, all appli- cating that the application is complete cations that meet the requirements of and that it meets the requirements of paragraphs (h)(4) and (h)(5) of this sec- the Act and of this subpart for for- tion and that satisfy the relevant re- warding to the Administrator. For the quirements for licensing under the Act purpose of this section, NMFS’ pre-ap- and this subpart will be pre-approved. proval of an application means that the If the number of expressions of interest Regional Administrator has initially and complete applications exceeds the determined that the applicant is eligi- number of licenses available, those ble for a general license, but that the that meet the requirements of para- application has not yet been approved graphs (h)(4) and (h)(5) of this section for forwarding to the Administrator. and that satisfy the relevant require- (1) NMFS will pre-approve no more ments for licensing under the Act and applications for a given licensing pe- this subpart will be prioritized for pre- riod than there are licenses available approval as follows: for that licensing period. A pre-ap- (i) First priority will be given to ex- proval will be deemed to be void if the pressions of interest and complete ap- applicant fails to submit a complete plications for vessels for which, as of application by the date established in June 1st of that year, application ap- paragraph (h)(6) of this section. provals have been issued by NMFS for

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the licensing period that starts that (5) Except as provided in paragraph year (i.e., anticipated license renewal (n) of this section, no later than July applications), provided that such ves- 26th of each year, NMFS will send noti- sels continue to satisfy the require- fications by mail to all applicants that ments for licensing under the Act and submitted expressions of interest or this subpart, and provided such vessels complete applications by June 1st of have no unsatisfied civil penalties or that year, indicating whether their ap- fines assessed by the Secretary under plications (for the licensing period that the Act that have become final. starts the following year) have been (ii) Second priority will be given to pre-approved. expressions of interest and complete (6) No later than March 7th of each applications scored using the following year, NMFS will approve applications system, in descending order of the sum (for the licensing period that starts of the points assigned: that year) that satisfy all of the fol- (A) 15 points will be assigned for a lowing conditions: vessel that has been issued, or will be (i) The application was pre-approved; issued by the date complete applica- (ii) The information associated with tions are due to be received by the Re- the application has not changed since gional Administrator under paragraph the point of pre-approval in a way such (h)(6) of this section, a valid USCG Cer- that pre-approval would not have been tificate of Documentation with a fish- made using the updated information; ery endorsement. (iii) The complete application was re- (B) 1 point will be assigned for each ceived by February 5th of the same licensing period, starting with the 1988– year; and 1989 licensing period, in which a license (iv) The applicant satisfies the re- had been issued for the vessel pursuant quirements for licensing under the Act to the Act, for a total of no more than and this subpart. 10 points. (7) No later than March 17th of each (C) 1 point will be assigned for each year, NMFS will notify all applicants calendar year in which at least 3,000 (for the licensing period that starts metric tons of fish were landed or that year) who submitted complete ap- transshipped from the vessel in United plications by February 5th of that States ports, including ports located in year, whether their applications have any of the States, as determined by the been approved under paragraph (k)(6) of Regional Administrator. The applica- this section, and in cases where they ble period shall run from 1988 through have not, whether their applications the last calendar year prior to the year are being considered for approval under in which the applied-for licensing pe- paragraph (k)(8) of this section. riod starts, and the total number of (8) In the event that additional li- points assigned shall be no more than censes for a given licensing period are 5. available after issuing the approvals (D) In the event that two or more under paragraph (k)(6) of this section, vessels receive the same sum number of NMFS will, after final administrative points under paragraphs (k)(4)(ii)(A) action by the Department of Commerce through (k)(4)(ii)(C) of this section, pri- on any appeals made under paragraph ority will be given to the vessel from (j) of this section, do the following: which the greatest amount of fish, by (i) If the number of outstanding ex- weight, was landed or transshipped in pressions of interest (i.e., expressions of United States ports, including ports lo- interest that have not been pre-ap- cated in any of the States, starting in proved) received by June 1st of the calendar year 1988 and ending in the year preceding the year in which the li- year prior to the year in which the ap- censing period begins, plus the number plied-for licensing period starts, as de- of outstanding complete applications termined by the Regional Adminis- (i.e., complete applications that have trator. In the event that that does not not been approved) received by Feb- resolve the tie, priority will be given ruary 5th of the year in which the li- by lottery, which will be conducted by censing period begins, exceeds the the Regional Administrator. number of licenses available, NMFS

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will review all such outstanding ex- ments for licensing under the Act and pressions of interest and complete ap- this subpart until no more approvals plications and apply the process de- are available. In the event that two or scribed in paragraphs (k)(9)(i)(A) more complete applications are re- through (k)(9)(i)(C) of this section to ceived on the same day, priority for ap- pre-approve and approve applications proval will be given by lottery, which from among that pool of applicants; will be conducted by the Regional Ad- (ii) If the number of outstanding ex- ministrator. pressions of interest received by June (iii) Within 10 days of approving an 1st of the year preceding the year in application, NMFS will notify the ap- which the licensing period begins, plus plicant. the number of outstanding complete (9) If a license or application ap- applications received by February 5th proval that has been issued for a given of the year in which the licensing pe- licensing period becomes available be- riod begins, does not exceed the num- fore or during that licensing period, ber of licenses available: NMFS will do the following: (A) No later than June 15th of the (i) If there are any outstanding ex- year in which the licensing period be- pressions of interest received by June gins, NMFS will pre-approve all such 1st of the year preceding the year in outstanding expressions of interest and which the licensing period begins or complete applications that satisfy the outstanding complete applications re- relevant requirements for licensing ceived by February 5th of the year in under the Act and this subpart; which the licensing period begins, (B) No later than June 25th of the NMFS will review all such outstanding year in which the licensing period be- expressions of interest and complete gins, NMFS will notify all such out- applications and pre-approve and ap- standing applicants of the pre-approv- prove applications for that license als, and for those applicants that sub- from among that pool as follows: mitted expressions of interest but not (A) Within 45 days of NMFS becom- complete applications, also notify ing aware of the availability of the li- them of the date by which a complete cense, NMFS will pre-approve an appli- application must be received in order cation using the prioritization criteria to be issued an application approval and point-assigning system described (which will be calculated by NMFS to in paragraphs (k)(4)(i) and (k)(4)(ii) of be no later than 194 days from the date this section; of mailing of the notification of the (B) Within 55 days of NMFS becoming pre-approval); aware of the availability of the license (C) NMFS will review all complete NMFS will notify all active applicants applications received by the required as to whether their applications have date from applicants pre-approved been pre-approved, and for those appli- under paragraph (8)(ii)(A) of this sec- cations that have been pre-approved, tion, and within 30 days of such re- notify each applicant of the date by ceipt, approve the application, if and as which a complete application, if not al- appropriate and if the applicant satis- ready received, must be received fies the requirements for licensing (which will be calculated by NMFS to under the Act and this subpart; and be no later than 194 days from the date (D) If and as long as the number of of mailing of the notification of the approvals plus outstanding (not voided) pre-approval); and pre-approvals does not exceed the total (C) Within 30 days of receiving a com- number of licenses available under plete application that had been pre-ap- paragraph (c) of this section, NMFS proved, NMFS will approve the applica- will review all complete applications tion, if and as appropriate and if the received after February 5th of the year applicant satisfies the requirements of in which the licensing period begins this subpart. and before May 16th within the licens- (ii) If there are no outstanding ex- ing period and, as they are received and pressions of interest received by June in the order they are received (based on 1st of the year preceding the year in the day of receipt), will approve those which the licensing period begins and applications that satisfy the require- no outstanding complete applications

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received by February 5th of the year in paid to the Administrator. The vessel which the licensing period begins, if operator may seek to transfer the li- and as long as the number of approvals cense by submitting a written request plus outstanding (not voided) pre-ap- to the Regional Administrator along provals does not exceed the number of with a complete application for the licenses available, NMFS will review other vessel as described in paragraph all complete applications received after (h)(7) of this section. Any such transfer February 5th of the year in which the may be subject to additional fees for licensing period begins and before May the registration of the vessel on the 16th within the licensing period and, in FFA Vessel Register, as specified in the order they are received (based on paragraph (b) of § 300.45. the day of receipt), will approve those (2) Upon receipt of a request and applications that satisfy the require- complete application under paragraph ments for licensing under the Act and (m)(1) of this section, the Regional Ad- this subpart until no more approvals ministrator, after determining that all are available. In the event that two or the fees required for the vessel by the more complete applications are re- Administrator for the current licensing ceived on the same day, priority for ap- period have been paid, that the owner- proval will be given by lottery, which ship of the licensed vessel and the own- will be conducted by the Regional Ad- ership of the vessel to which the appli- ministrator. cation approval would be transferred (iii) Within 10 days of approving an are identical, and that the transferee application, NMFS will notify the ap- vessel meets the requirements for li- plicant. censing under this subpart and the Act, (l) Procedures used by the Secretary to will approve the application and notify review and process applications for joint the applicant of such within 10 days of venture licenses. NMFS, on behalf of the the determination. Secretary and in consultation with the (3) If a licensed vessel is lost or de- Secretary of State, will review and ap- stroyed, and the operators of the vessel prove applications for joint venture li- apply for a license for another vessel censes as described in paragraph (k) of for the licensing period during which this section for general licenses, except the vessel was lost, or for either of the that NMFS will not consider expres- two subsequent licensing periods, sions of interest for joint venture li- NMFS will consider the replacement censes or pre-approve applications for vessel to have the license application joint venture licenses. In the event approval status and history of the lost that NMFS receives for a given licens- or destroyed vessel for the purpose of ing period more applications for joint applying the prioritization criteria of venture licenses than there are licenses paragraph (k)(4) of this section, pro- available, it will approve the applica- vided that the ownership of the lost or tions in the chronological order that destroyed vessel and the ownership of the Administrator has provided its ini- the replacement vessel, as determined tial approval. by the Regional Administrator, are (m) Transferability of application ap- identical, and the replacement vessel provals. Application approvals from meets the requirements for licensing NMFS are not transferable among ves- under this subpart and the Act. sel owners or operators or license ap- (n) Procedures for 2011–2012 licensing plicants. Application approvals are period. For the licensing period that transferable among vessels, subject to starts June 15, 2011, and for that licens- the following requirements: ing period only, pre-approvals may not (1) A vessel operator may seek to be sought and will not be issued by transfer a general or joint venture li- NMFS. NMFS will rank order those ap- cense to another vessel that meets the plications received by February 5, 2011, requirements for licensing under this for the 2011–2012 licensing period by ap- subpart and the Act, only if the license plying the criteria in paragraphs has been valid for the vessel for at (k)(4)(i) and (k)(4)(ii) of this section, least 365 consecutive days and all the except that in lieu of using the criteria fees required by the Administrator for in (k)(4)(i), first priority will be given the current licensing period have been to applications for vessels that as of

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February 5, 2011, have valid licenses for (2) Unloading and transshipment the 2010–2011 licensing period. logsheet forms. At the completion of any unloading or transshipment of fish [75 FR 74644, Dec. 1, 2010] from the vessel, all the information § 300.33 Compliance with applicable specified on unloading and trans- national laws. shipment logsheet forms provided by the Regional Administrator must, for The operator of the vessel shall com- that unloading or transshipment, be re- ply with each of the applicable national laws, and the operator of the corded on such forms. A separate form vessel shall be responsible for the com- must be completed for each fish proc- pliance by the vessel and its crew with essing destination to which the un- each of the applicable national laws, loaded or transshipped fish are bound. and the vessel shall be operated in ac- The completed unloading and trans- cordance with those laws. shipment logsheet form or forms must 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 requirements of this section with re- accompanied by a report or reports of spect to the licensed vessels. the size breakdown of the catch as determined by the receiver or receivers of (b) Any information required to be the fish, and such report must be recorded, or to be notified, communicated 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 (‘‘LBEG’’); Regional Register number; as ‘‘Regional Purse Seine Logsheets’’, trip begin date; date and time (in UTC) or RPLs) provided by the Regional Ad- of report; IRCS; port name; weight of ministrator. At the end of each day catch on board (in metric tons) for that the vessel is in the Licensing each of skipjack tuna, yellowfin tuna, Area, all information specified on the and all other species combined; inform must, for that day, be recorded on tended action; and estimated date of the form. The completed catch report departure. This information must be form must be mailed by registered air- reported in the format provided by the mail to the Administrator within 14 Regional Administrator. days of the vessel’s next entry into (4) Entry into port for unloading report for the purpose of unloading its ports. At least 24 hours before the ves- fish catch. A copy of the completed sel’s entry into port for the purpose of catch report form must also be sub- unloading fish from any trip involving mitted to, and received by, the Re- fishing within the Licensing Area, a regional Administrator within 2 days of port must be submitted to the Admin- the vessel reaching port. istrator by telex, transmission via

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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 weight of catch on board (in metric Register number; trip begin date; date tons) for each of skipjack tuna, yel- and time (in UTC) of the trans- lowfin tuna, and all other species com- shipment; IRCS; vessel position at time

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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 (iii) Kiribati. (A) At least 24 hours be- of New Zealand (latitude and longitude fore entering a Closed Area under the to nearest minute of arc); amount of jurisdiction of Kiribati, a notification catch on board the vessel, by species;

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and condition of the catch on board the (vi) Tonga. (A) Each day while the vessel (‘‘fresh’’ or ‘‘frozen’’). vessel is in the exclusive economic (B) For each day that the vessel is in zone of Tonga, a report must be sub- the exclusive economic zone of New mitted that includes the vessel’s posi- Zealand, a notification must be sub- tion (latitude and longitude to nearest mitted no later than noon of the fol- minute of arc). lowing day of the vessel’s position (B) [Reserved] (latitude and longitude to nearest (vii) Tuvalu. (A) At least 24 hours minute of arc) at noon. prior to entering Tuvalu fishery limits, (C) For each week or portion thereof a report must be submitted that in- that the vessel is in the exclusive eco- cludes the following information: ves- nomic zone of New Zealand, a report sel name; IRCS; country of registration that covers the period from 12:01 a.m. of the vessel; the number of the vessel’s 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 omon Islands during the reporting pe- skiff, with each letter and number riod. being at least 30 cm high, and having a

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

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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;

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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 simile, or e-mail of such movement or application forms may be obtained removal. from the Regional Administrator or (f) Interruption of VMS unit signal. the Administrator or from the FFA When a vessel owner or operator is no- Web site: http://www.ffa.int. Purse seine tified by the Administrator or an au- vessel owners or operators must submit thorized officer that automatic posi- completed FFA Vessel Register appli- tion reports are not being received, or cations to the Regional Administrator the vessel owner or operator is other- for transmittal to the Administrator wise alerted or aware that trans- and pay fees for registration of their mission of automatic position reports vessel(s) on the FFA Vessel Register has been interrupted, the vessel owner annually. The vessel owner or operator and operator must comply with the fol- may submit a completed FFA Vessel lowing: Register application form at any time, (1) The vessel owner or operator must but the application must be received by submit manual position reports that the Regional Administrator at least include vessel name, call sign, current seven days before the first day of the position (latitude and longitude to the next licensing period to avoid the po- nearest minute), date, and time to the tential lapse of the registration and li- Administrator by telephone, facsimile, cense between licensing periods. or e-mail at intervals of no greater (c) VMS unit installation. A VMS unit than eight hours or a shorter interval required under this section must be in- if and as specified by the Adminis- stalled by a person authorized by the trator or an authorized officer. The re- Administrator. A list of Administrator- ports must continue to be submitted authorized VMS unit installers may be until the Administrator has confirmed obtained from the Regional Adminis- to the vessel owner or operator that trator or the Administrator. the VMS unit is properly transmitting position reports. If the manual position (d) Hardware and software specifica- reports cannot be made, the vessel options. The VMS unit installed and car- erator or owner must notify the Ad- ried on board a vessel to comply with ministrator of such as soon as possible, the requirements of this section must by any means possible. consist of hardware and software that (2) If directed by the Administrator is approved by the Administrator and or an authorized officer, the vessel op- approved by NMFS. A current list of erator must immediately stow the fish- hardware and software approved by the ing gear in the manner described in Administrator may be obtained from § 300.36, take the vessel directly to a the Administrator. A current list of port designated by the Administrator hardware and software approved by or authorized officer, and notify the NMFS may be obtained from NMFS. 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

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notify the Administrator by telephone, (1) Allow and assist any person iden- facsimile, or e-mail as soon as possible tified as an officer of the Pacific Island after the vessel’s departure from port. Party to: When the vessel is in a shipyard, the (i) Have full access to the vessel and VMS unit may be shut down and the any place where such fish is being submission of manual position reports transshipped and the use of facilities is not required, provided that the Ad- and equipment that the officer may de- ministrator has been notified by tele- termine is necessary to carry out his or phone, facsimile, or e-mail that the her duties; vessel is in the shipyard and of the in- (ii) Have full access to the bridge, tended VMS unit shutdown. If the VMS fish on board and areas which may be unit is shut down while the vessel is in used to hold, process, weigh and store a shipyard, the vessel owner or oper- fish; ator must notify the Administrator by (iii) Remove samples; telephone, facsimile, or e-mail as soon (iv) Have full access to the vessel’s as possible after the vessel’s departure records, including its log and docu- from the shipyard. mentation, for the purpose of inspec- (h) VMS unit repair and replacement. tion and copying; and After a fishing trip during which inter- (v) Gather any other information re- ruption of automatic position reports quired to fully monitor the activity has occurred, the vessel’s owner or op- without interfering unduly with the erator must have the VMS unit re- lawful operation of the vessel; and paired or replaced prior to the vessel’s (2) Not assault, obstruct, resist, next trip. If the VMS unit is replaced, delay, refuse boarding to, intimidate, the new VMS unit must be installed by or interfere with any person identified an Administrator-authorized VMS unit as an officer of the Pacific Island Party installer, as specified in paragraph (c) in the performance of his or her duties. of this section. In making such repairs (d) Transshipping at sea may only be or replacements, conformity with the done: current requirements must be met be- (1) In a designated area in accordance fore the vessel may lawfully operate with such terms and conditions as may under the Treaty. be agreed between the operator of the (i) Access to data. As a condition to vessel and the Pacific Island Party in obtaining a license, holders of vessel li- whose jurisdiction the transshipment censes issued under § 300.32 must allow is to take place; the Regional Administrator, an author- (2) In accordance with the require- ized officer, the Administrator or an ments of § 300.34; and authorized party officer or designees (3) If the catch is transshipped to a access to the vessel’s position data ob- carrier vessel duly authorized in ac- tained from the VMS unit at the time cordance with national laws. of, or after, its transmission to the [72 FR 6155, Feb. 9, 2007] vendor or receiver. [72 FR 6154, Feb. 9, 2007, as amended at 75 FR Subpart E—Pacific Halibut 74648, Dec. 1, 2010] Fisheries

§ 300.46 Transshipping requirements. AUTHORITY: 16 U.S.C. 773–773k. (a) Applicability. This section applies to vessels licensed under § 300.32. § 300.60 Purpose and scope. (b) Transshipping may only be done This subpart implements the North at the time and place authorized for Pacific Halibut Act of 1982 (Act) and is transshipment by the Pacific Island intended to supplement, not conflict Parties, following the notification and with, the annual fishery management request requirements of § 300.34(c)(5). measures adopted by the International (c) The operator and each member of Pacific Halibut Commission (Commis- the crew of a vessel from which any sion) under the Convention between fish taken in the Licensing Area is the United States and Canada for the transshipped must: Preservation of the Halibut Fishery of

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the Northern Pacific Ocean and Bering tude, 154°47′18″ W. longitude), then Sea (Convention). along the Kodiak Island coastline to Cape Trinity (56°44′50″ N. latitude, § 300.61 Definitions. 154°08′44″ W. longitude), then 140° true. In addition to the terms defined in Charter halibut permit means a permit § 300.2 and those in the Act and the issued by the National Marine Fish- Convention, the terms used in this sub- eries Service pursuant to § 300.67. part have the following meanings. If a Charter vessel, for purposes of §§ 300.65, term is defined differently in § 300.2, the 300.66, and 300.67, means a vessel used Act, or the Convention, the definition while providing or receiving sport fish- in this section shall apply. ing guide services for halibut. Alaska Native tribe means, for pur- Charter vessel angler, for purposes of poses of the subsistence fishery for Pa- §§ 300.65, 300.66, and 300.67, means a per- cific halibut in waters in and off Alas- son, paying or non-paying, receiving ka, a Federally recognized Alaska Na- sport fishing guide services for halibut. tive tribe that has customary and tra- Charter vessel fishing trip, for purposes ditional use of halibut and that is list- of §§ 300.65, 300.66, and 300.67, means the ed in § 300.65(g)(2) of this part. time period between the first deploy- Annual combined catch limit, for pur- ment of fishing gear into the water poses of commercial and sport fishing from a charter vessel by a charter ves- in Commission regulatory areas 2C and sel angler and the offloading of one or 3A, means the annual total allowable more charter vessel anglers or any hal- halibut removals (halibut harvest plus ibut from that vessel. wastage) by persons fishing IFQ and by Charter vessel guide, for purposes of charter vessel anglers. §§ 300.65, 300.66 and 300.67, means a per- Annual commercial catch limit, for pur- son who holds an annual sport fishing poses of commercial fishing in: guide license or registration issued by (1) Commission regulatory areas 2C the Alaska Department of Fish and and 3A, means the annual commercial Game, or a person who provides sport allocation minus an area-specific esti- fishing guide services. mate of commercial halibut wastage. Charter vessel operator, for purposes of (2) Commission regulatory areas 3B § 300.65, means the person in control of and 4A, means the annual total allow- the charter vessel during a charter ves- able halibut removals by persons fish- sel fishing trip. ing IFQ. Chiniak Bay means all waters bound- (3) Commission regulatory areas 4B, ed by the shoreline and straight lines 4C, 4D, and 4E, means the annual total connecting the coordinates in the order allowable halibut removals by persons listed: fishing IFQ and CDQ. (1) North from Cape Chiniak (57°37.22′ Annual guided sport catch limit, for N. lat., 152°9.36′ W. long.); purposes of sport fishing in Commis- (2) To Buoy #1 at Williams Reef sion regulatory areas 2C and 3A, means (57°50.36′ N. lat., 152°8.82′ W. long.); the annual guided sport allocation (3) To East Cape on Spruce Island minus an area-specific estimate of (57°54.89′ N. lat., 152°19.45′ W. long.); guided sport halibut wastage. (4) To Termination Point on Kodiak Area 2A includes all waters off the Island (57°51.31′ N. lat., 152°24.01′ W. States of California, Oregon, and Wash- long.); and ington. (5) Connecting to a line running Area 2C includes all waters off Alaska counterclockwise along the shoreline that are east of a line running 340° true of Kodiak Island to Cape Chiniak from Cape Spencer Light (58° 11′ 54″ N. (57°37.22′ N. lat., 152°9.36′ W. long.). lat., 136° 38′ 24″ W. long.) and south and Commercial fishing means fishing, the east of a line running 205° true from resulting catch of which either is, or is said light. intended to be, sold or bartered but Area 3A means all waters between does not include subsistence fishing. Area 2C and a line extending from the Commission means the International most northerly point on Cape Aklek Pacific Halibut Commission. (57°41′15″ N. latitude, 155°35′00″ W. lon- Commission regulatory area means an gitude) to Cape Ikolik (57°17′17″ N. lati- area defined by the Commission for

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purposes of the Convention identified ing Sea Aleutian Islands west of 170°00′ in 50 CFR 300.60 and prescribed in the W long. annual management measures pub- Fishing week, for purposes of lished pursuant to 50 CFR 300.62. § 300.65(d), means a time period that be- Community charter halibut permit gins at 0001 hours, A.l.t., Monday morn- means a permit issued by NMFS to a ing and ends at 2400 hours, A.l.t., the Community Quota Entity pursuant to following Sunday night. § 300.67. Guided Angler Fish (GAF) means hal- Compensation, for purposes of sport ibut transferred within a year from a fishing for Pacific halibut in Commis- Commission regulatory area 2C or 3A sion regulatory areas 2C and 3A, means IFQ permit holder to a GAF permit direct or indirect payment, remunera- that is issued to a person holding a tion, or other benefits received in re- charter halibut permit, community turn for services, regardless of the charter halibut permit, or military source; for this definition, ‘‘benefits’’ charter halibut permit for the cor- includes wages or other employment responding area. benefits given directly or indirectly to Guided Angler Fish (GAF) permit an individual or organization, and any means an annual permit issued by the dues, payments, fees, or other remu- National Marine Fisheries Service pur- neration given directly or indirectly to suant to § 300.65(c)(5)(iii). a fishing club, business, organization, Guided Angler Fish (GAF) permit holder or individual who provides sport fish- means the person identified on a GAF ing guide services; and does not include permit. reimbursement for the actual daily ex- Halibut harvest means the catching penses for fuel, food, or bait. and retaining of any halibut. Crew member, for purposes of §§ 300.65 Head-on length means a straight line and 300.67, means an assistant, deck- measurement passing over the pectoral hand, or similar person who works di- fin from the tip of the lower jaw with rectly under the supervision of, and on the mouth closed to the extreme end of the same vessel as, a charter vessel the middle of the tail. guide or operator of a vessel with one or more charter vessel anglers on Individual Fishing Quota (IFQ), for board. purposes of this subpart, means the annual catch limit of halibut that may be Customary trade means, for purposes of the subsistence fishery for Pacific harvested by a person who is lawfully halibut in waters in and off Alaska, the allocated a harvest privilege for a spe- non-commercial exchange of subsist- cific portion of the annual commercial ence halibut for anything other than catch limit of halibut. items of significant value. IFQ fishing trip, for purposes of the Fishing means the taking, harvesting, subpart, means the period beginning or catching of fish, or any activity that when a vessel operator commences har- can reasonably be expected to result in vesting IFQ halibut and ending when the taking, harvesting, or catching of the vessel operator lands any species. fish, including: IFQ halibut means any halibut that is (1) The deployment of any amount or harvested with setline gear as defined component part of setline gear any- in this section or fixed gear as defined where in the maritime area; in § 679.2 of this title while commercial (2) The deployment of longline pot fishing in any IFQ regulatory area de- gear as defined in § 679.2 of this title, or fined in § 679.2 of this title. component part of that gear in Com- Military charter halibut permit means a mission regulatory areas 2C, 3A, 3B, permit issued by NMFS to a United and that portion of Area 4A in the Gulf States Military Morale, Welfare and of Alaska west of Area 3B and east of Recreation Program pursuant to 170°00′ W. long; or § 300.67. (3) The deployment of pot gear as de- Overall length of a vessel means the fined in § 679.2 of this title in Commis- horizontal distance, rounded to the sion regulatory areas 4B, 4C, 4D, and 4E nearest ft/meter, between the foremost and the portion of Area 4A in the Ber- part of the stem and the aftermost part

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of the stern (excluding bowsprits, rud- (2) In waters in and off Alaska, all ders, outboard motor brackets, and fishing other than commercial fishing similar fittings or attachments). and subsistence fishing. Person includes an individual, cor- Sport fishing guide services, for pur- poration, firm, or association. poses of §§ 300.65(d) and 300.67, means Power hauling means using elec- assistance, for compensation or with trically, hydraulically, or mechani- the intent to receive compensation, to cally powered devices or attachments a person who is sport fishing, to take or other assisting devises or attach- or attempt to take halibut by accom- ments to deploy and retrieve fishing panying or physically directing the gear. Power hauling does not include sport fisherman in sport fishing activi- the use of hand power, a hand powered ties during any part of a charter vessel crank, a fishing rod, a downrigger, or a hand troll gurdy. fishing trip. Sport fishing guide serv- Rural means, for purposes of the sub- ices do not include services provided by sistence fishery for Pacific halibut in a crew member, as defined at § 300.61. waters in and off Alaska, a community Subarea 2A–1 includes the usual and of Alaska listed at § 300.65(g)(1) or an accustomed fishing areas for Pacific area of Alaska described at § 300.65(g)(3) Coast treaty tribes off the coast of in which the non-commercial, cus- Washington and all inland marine wa- tomary, and traditional use of fish and ters of Washington north of Point Che- game for personal or family consump- halis (46°53.30′ N lat.), including Puget tion is a principal characteristic of the Sound. Boundaries of a tribe’s fishing economy or area and in which there is area may be revised as ordered by a a long-term, customary, and tradi- Federal court. tional use of halibut. Subsistence means, with respect to Rural resident means, for purposes of waters in and off Alaska, the non-com- the subsistence fishery for Pacific hal- mercial, long-term, customary and tra- ibut in waters in and off Alaska: ditional use of halibut. (1) An individual domiciled in a rural Subsistence halibut means halibut community listed in the table at caught by a rural resident or a member § 300.65(g)(1) and who has maintained a of an Alaska Native tribe for direct domicile in rural communities listed in personal or family consumption as the table at § 300.65(g)(1), or in rural areas described at § 300.65(g)(3), for the food, sharing for personal or family 12 consecutive months immediately consumption as food, or customary preceding the time when the assertion trade. of residence is made, and who is not Subsistence halibut registration certifi- claiming residency in another state, cate (SHARC) means documentation, territory, or country; or issued by NMFS, of the registration re- (2) An individual domiciled in a rural quired at § 300.65(i). area described at § 300.65(g)(3) and who Treaty Indian tribes means the Hoh, has maintained a domicile in rural Jamestown S’Klallam, Lower Elwha areas described at § 300.65(g)(3), or in S’Klallam, Lummi, Makah, Port Gam- rural communities listed in the table ble S’Klallam, Quileute, Quinault, at § 300.65(g)(1), for the 12 consecutive Skokomish, Suquamish, Swinomish, months immediately preceding the Tulalip, and Nooksack tribes. time when the assertion of residence is Valid, with respect to a charter hal- made, and who is not claiming resi- ibut permit for purposes of §§ 300.66 and dency in another state, territory, or 300.67, means the charter halibut per- country. mit that is currently in effect. Setline gear means one or more stationary, buoyed, and anchored lines [61 FR 35550, July 5, 1996] with hooks attached. EDITORIAL NOTE: For FEDERAL REGISTER ci- Sport fishing means: tations affecting § 300.61, see the List of CFR (1) In regulatory area 2A, all fishing Sections Affected, which appears in the other than commercial fishing and Finding Aids section of the printed volume treaty Indian ceremonial and subsist- and at www.govinfo.gov. ence fishing; and

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§ 300.62 Annual management meas- cific Fishery Management Council at ures. its spring meetings, and will be pub- Annual management measures may lished in the FEDERAL REGISTER along be added and modified through adop- with the annual salmon management tion by the Commission and publica- measures. tion in the FEDERAL REGISTER by the (3) A portion of the Area 2A Wash- Assistant Administrator, with imme- ington recreational TAC is allocated as diate regulatory effect. Such measures incidental catch in the sablefish pri- may include, inter alia, provisions gov- mary fishery north of 46°53.30′ N lat. erning: Licensing of vessels, inseason (Pt. Chehalis, Washington), which is actions, regulatory areas, fishing peri- regulated under 50 CFR 660.231. This ods, closed periods, closed areas, catch fishing opportunity is only available in limits (quotas), fishing period limits, years in which the Washington rec- size limits, careful release of halibut, reational TAC is 214, 110 lb (97.1 mt) or vessel clearances, logs, receipt and pos- greater, provided that a minimum of session of halibut, fishing gear, reten- 10,000 lb (4.5 mt) is available to the sa- tion of tagged halibut, supervision of blefish fishery. Each year that this unloading and weighing, and sport fish- harvest is available, the landing re- ing for halibut. The Assistant Adminis- strictions necessary to keep this fish- trator will publish the Commission’s ery within its allocation will be rec- regulations setting forth annual man- ommended by the Pacific Fishery Man- agement measures in the FEDERAL agement Council at its spring meet- REGISTER by March 15 each year. An- ings, and will be published in the FED- nual management measures may be ad- ERAL REGISTER. These restrictions will justed inseason by the Commission. be designed to ensure the halibut harvest is incidental to the sablefish har- § 300.63 Catch sharing plan and do- vest and will be based on the amounts mestic management measures in Area 2A. of halibut and sablefish available to this fishery, and other pertinent fac- (a) A catch sharing plan (CSP) may tors. The restrictions may include be developed by the Pacific Fishery catch or landing ratios, landing limits, Management Council and approved by or other means to control the rate of NMFS for portions of the fishery. Any halibut landings. approved CSP may be obtained from (i) In years when this incidental har- the Administrator, West Coast Region, vest of halibut in the sablefish primary NMFS. fishery north of 46°53.30′ N. lat. is al- (b)(1) Each year, before January 1, lowed, it is allowed only for vessels NMFS will publish a proposal to govern using longline gear that are registered the recreational fishery under the CSP to groundfish limited entry permits for the following year and will seek 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 sablefish primary REGISTER the final rule governing sport 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

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(c) Flexible Inseason Management Pro- using YRCA expansions as defined in visions for Sport Halibut Fisheries in Area groundfish regulations at 50 CFR 2A. (1) The Regional Administrator, 660.70(g) or (h). NMFS West Coast Region, after con- (3) Notice procedures. (i) Actions taken sultation with the Chairman of the Pa- under this section will be published in cific Fishery Management Council, the the FEDERAL REGISTER. Commission Executive Director, and (ii) Actual notice of inseason man- the Fisheries Director(s) of the affected agement actions will be provided by a state(s), or their designees, is author- telephone hotline administered by the ized to modify regulations during the West Coast Region, NMFS, at 206–526– season after making the following de- 6667 or 800–662–9825. Since provisions of terminations: these regulations may be altered by (i) The action is necessary to allow inseason actions, sport fishers should allocation objectives to be met. monitor the telephone hotline for cur- (ii) The action will not result in ex- rent information for the area in which ceeding the catch limit for the area. they are fishing. (iii) If any of the sport fishery sub- (4) Effective dates. (i) Any action areas north of Cape Falcon, Oregon are issued under this section is effective on not projected to utilize their respective the date specified in the publication or quotas by September 30, NMFS may at the time that the action is filed for take inseason action to transfer any public inspection with the Office of the projected unused quota to another Federal Register, whichever is later. Washington sport subarea. (ii) If time allows, NMFS will invite (iv) If any of the sport fishery sub- public comment prior to the effective areas south of Leadbetter Point, Wash- date of any inseason action filed with ington, are not projected to utilize the FEDERAL REGISTER. If the Regional their respective quotas by their season Administrator determines, for good ending dates, NMFS may take inseason cause, that an inseason action must be action to transfer any projected unused filed without affording a prior oppor- quota to another Oregon sport subarea. tunity for public comment, public com- (v) Notwithstanding regulations at ments will be received for a period of 15 (c)(1)(i) of this section, if the total esti- days after publication of the action in mated yelloweye rockfish bycatch mor- the FEDERAL REGISTER. tality from recreational halibut trips (iii) Any inseason action issued under in all Oregon subareas is projected to this section will remain in effect until exceed 22 percent of the annual Oregon the stated expiration date or until re- recreational yelloweye rockfish har- scinded, modified, or superseded. How- vest guideline, NMFS may take ever, no inseason action has any effect inseason action to reduce yelloweye beyond the end of the calendar year in rockfish bycatch mortality in the hal- which it is issued. ibut fishery while allowing allocation (5) Availability of data. The Regional objectives to be met to the extent pos- Administrator will compile, in aggre- sible. gate form, all data and other informa- (2) Flexible inseason management tion relevant to the action being taken provisions include, but are not limited and will make them available for pub- to, the following: lic review during normal office hours (i) Modification of sport fishing peri- at the West Coast Regional Office, ods; NMFS, Sustainable Fisheries Division, (ii) Modification of sport fishing bag 7600 Sand Point Way NE., Seattle, limits; Washington. (iii) Modification of sport fishing size (d) Fishery Election in Area 2A. (1) A limits; vessel that fishes in Area 2A may par- (iv) Modification of sport fishing ticipate in only one of the following days per calendar week; three fisheries in Area 2A: (v) Modification of subarea quotas; (i) The sport fishery established in and the annual domestic management (vi) Modification of the Stonewall measures and International Pacific Bank Yelloweye Rockfish Conservation Halibut Commission (IPHC) regula- Area (YRCA) restrictions off Oregon tions and defined at § 300.61;

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(ii) The commercial directed fishery fishery during the fishing periods es- for halibut during the fishing period(s) tablished in the annual domestic man- established in the annual domestic agement measures and IPHC regula- management measures and IPHC regu- tions, and/or retained halibut inciden- lations and/or the incidental retention tally taken in the sablefish primary of halibut during the sablefish primary fishery for Area 2A or that is licensed fishery described at 50 CFR 660.231; or to participate in these commercial (iii) The incidental catch fishery dur- fisheries during the fishing periods es- ing the salmon troll fishery as author- tablished in the annual domestic man- ized in the annual domestic manage- agement measures and IPHC regula- ment measures and IPHC regulations. tions in Area 2A. (2) No person shall fish for halibut in (e) Area 2A Non-Treaty Commercial the sport fishery in Area 2A under the Fishery Closed Areas. (1) Non-treaty annual domestic management meas- commercial vessels operating in the di- ures and IPHC regulations, from a ves- rected commercial fishery for halibut sel that has been used during the same in Area 2A are required to fish outside calendar year for commercial halibut of a closed area, known as the Rockfish fishing in Area 2A, or that has been Conservation Area (RCA), that extends issued a permit for the same calendar along the coast from the U.S./Canada year for the commercial halibut fish- border south to 40°10′ N. lat. Between ery in Area 2A. the U.S./Canada border and 46°16′ N. (3) No person shall fish for halibut in lat., the eastern boundary of the RCA, the directed commercial halibut fish- is the shoreline. Between 46°16′ N. lat. ery during the fishing periods estab- and 40°10′ N. lat., the RCA is defined lished in the annual domestic manage- along an eastern boundary by a line ap- ment measures and IPHC regulations, and/or retain halibut incidentally proximating the 30-fm (55-m) depth taken in the sablefish primary fishery contour. Coordinates for the 30-fm (55- in Area 2A from a vessel that has been m) boundary are listed at 50 CFR used during the same calendar year for 660.71(e). Between the U.S./Canada bor- ° ′ the incidental catch fishery during the der and 40 10 N. lat., the RCA is de- salmon troll fishery, as authorized in fined along a western boundary ap- the annual domestic management proximating the 100-fm (183-m) depth measures and IPHC regulations. contour. Coordinates for the 100-fm (4) No person shall fish for halibut in (183-m) boundary are listed at 50 CFR the directed commercial halibut fish- 660.73(a). ery and/or retain halibut incidentally (2) Non-treaty commercial vessels op- taken in the sablefish primary fishery erating in the incidental catch fishery in Area 2A from a vessel that, during during the sablefish primary fishery the same calendar year, has been used north of Pt. Chehalis, Washington, in in the sport halibut fishery in Area 2A Area 2A are required to fish outside of or that is licensed for the sport charter a closed area. Under Pacific Coast halibut fishery in Area 2A. groundfish regulations at 50 CFR (5) No person shall retain halibut in 660.230, fishing with limited entry fixed the salmon troll fishery in Area 2A as gear is prohibited within the North authorized under the annual domestic Coast Commercial YRCA. It is unlaw- management measures and IPHC regu- ful to take and retain, possess, or land lations, taken on a vessel that, during halibut taken with limited entry fixed the same calendar year, has been used gear within the North Coast Commer- in the sport halibut fishery in Area 2A, cial YRCA. The North Coast Commer- or that is licensed for the sport charter cial YRCA is an area off the northern halibut fishery in Area 2A. Washington coast, overlapping the (6) No person shall retain halibut in northern part of the North Coast Rec- the salmon troll fishery in Area 2A as reational YRCA, and is defined by authorized under the annual domestic straight lines connecting latitude and management measures and IPHC regu- longitude coordinates. Coordinates for lations, taken on a vessel that, during the North Coast Commercial YRCA are the same calendar year, has been used specified in groundfish regulations at in the directed commercial halibut 50 CFR 660.70(b).

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(3) Non-treaty commercial vessels op- (d) Commercial fishing for halibut by erating in the incidental catch fishery treaty Indians shall comply with the during the salmon troll fishery in Area Commission’s management measures 2A are required to fish outside of a governing size limits, careful release of closed area. Under the Pacific Coast halibut, logs, receipt and possession, groundfish regulations at 50 CFR and fishing gear (published pursuant to 660.330(10), fishing with salmon troll § 300.62), except that the 72-hour fishing gear is prohibited within the Salmon restriction preceding the opening of a Troll YRCA. It is unlawful for commer- halibut fishing period shall not apply cial salmon troll vessels to take and re- to treaty Indian fishing. tain, possess or land fish within the (e) Ceremonial and subsistence fish- Salmon Troll YRCA. The Salmon Troll ing for halibut by treaty Indians in YRCA is an area off the northern Wash- subarea 2A–1 is permitted with hook- ington coast and is defined by straight and-line gear from January 1 to De- lines connecting latitude and longitude cember 31. coordinates. Coordinates for the Salm- (f) No size or bag limits shall apply to on Troll YRCA are specified in ground- the ceremonial and subsistence fishery, fish regulations at 50 CFR 660.70(c), and except that when commercial halibut in salmon regulations at 50 CFR 660.405. fishing is prohibited pursuant to paragraph (b) of this section, treaty Indians [61 FR 35550, July 5, 1996] may take and retain not more than EDITORIAL NOTE: For FEDERAL REGISTER ci- two halibut per person per day. tations affecting § 300.63, see the List of CFR (g) Halibut taken for ceremonial and Sections Affected, which appears in the subsistence purposes shall not be of- Finding Aids section of the printed volume fered for sale or sold. and at www.govinfo.gov. (h) Any member of a U.S. treaty In- dian tribe who is engaged in commer- § 300.64 Fishing by U.S. treaty Indian cial or ceremonial and subsistence fish- tribes. ing under this section must have on his (a) Halibut fishing in subarea 2A–1 by or her person a valid treaty Indian members of U.S. treaty Indian tribes identification card issued pursuant to located in the State of Washington is 25 CFR part 249, subpart A, and must governed by this section. comply with the treaty Indian vessel (b) Commercial fishing for halibut by and gear identification requirements of treaty Indians is permitted only in sub- Final Decision No. 1 and subsequent or- area 2A–1 with hook-and-line gear in ders in United States v. Washington 384 conformance with the season and quota F. Supp. 312 (W.D. Wash., 1974). established annually by the Commis- (i) Table 1 to this paragraph (i) sets sion. forth the fishing areas of each of the 13 (c) Commercial fishing periods and treaty Indian tribes fishing pursuant to management measures to implement this section. Within subarea 2A–1, paragraph (b) of this section will be es- boundaries of a tribe’s fishing area may tablished by treaty Indian tribal regu- be revised as ordered by a Federal lations. court.

TABLE 1 TO PARAGRAPH (i)

Tribe Boundaries

HOH ...... The area between 47°54.30′ 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.

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TABLE 1 TO PARAGRAPH (i)—Continued

Tribe Boundaries

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 ...... The area north of 48°02.25′ N lat. (Norwegian Memorial) 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. 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 ...... The area commencing at Cape Alava, located at 48°10′00″ N lat, 124°43′56.9″ W long.; then proceeding west approximately 40 nautical miles at that latitude to a northwestern point located at 48°10′00″ N lat, 125°44′00″ W long.; then proceeding in a southeasterly direction mirroring the coastline at a distance no farther than 40 nautical miles from the mainland Pacific coast shoreline at any line of latitude, to a southwestern point at 47°31′42″ N lat., 125°20′26″ W long.; then proceeding east along that line of latitude to the Pacific coast shoreline at 47°31′42″ N lat., 124°21′9.0″ W long. QUINAULT ...... The area commencing at the Pacific coast shoreline near Destruction Island, located at 47°40′06″ N lat., 124°23′51.362″ W long.; then proceeding west approximately 30 nautical miles at that latitude to a northwestern point located at 47°40′06″ N lat., 125°08′30″ W long.; then proceeding in a southeasterly direction mirroring the coastline no farther than 30 nautical miles from the mainland Pacific coast shoreline at any line of latitude, to a southwestern point at 46°53′18″ N lat., 124°53′53″ W long.; then proceeding east along that line of latitude to the Pacific coast shoreline at 46°53′18″ N lat., 124°7′36.6″ 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 FR 11697, Mar. 19, 2009; 76 FR 14319, Mar. 16, 2011; 81 FR 18795, Apr. 1, 2016; 85 FR 25324, May 1, 2020]

§ 300.65 Catch sharing plan and do- (b) The catch sharing plan for Com- mestic management measures in mission regulatory area 4 allocates the waters in and off Alaska. annual commercial catch limit among (a) A catch sharing plan (CSP) may Areas 4C, 4D, and 4E and will be adopt- be developed by the North Pacific Fish- ed by the Commission as annual man- ery Management Council and approved agement measures and published in the by NMFS for portions of the fishery. FEDERAL REGISTER as required in Any approved CSP may be obtained § 300.62. from the Administrator, Alaska Re- (c) Catch sharing plan (CSP) for Com- gion, NMFS. mission Regulatory Areas 2C and 3A—(1)

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General. The catch sharing plan for published in the FEDERAL REGISTER as Commission regulatory areas 2C and required in § 300.62. 3A: (ii) Sport fishing by charter vessel (i) Allocates the annual combined anglers in Commission regulatory catch limit for Commission regulatory areas 2C and 3A is governed by the areas 2C and 3A in order to establish Commission’s annual management the annual commercial catch limit and measures and by regulations at 50 CFR the annual guided sport catch limit for part 300, subparts A and E. the halibut commercial fishing and (iii) The amount of QS held by the sport fishing seasons, pursuant to para- RQE for Commission regulatory area graphs (c)(3) and (4) of this section; and 2C and 3A as of October 1 each year will (ii) Authorizes the use of Commission be the basis for determining the regulatory areas 2C and 3A halibut IFQ amount of RFQ pounds that will be as guided angler fish (GAF) for harvest added to the annual guided sport catch by charter vessel anglers in the cor- limit for the corresponding area in the responding area, pursuant to paragraph upcoming year. (c)(5) of this section. (5) Guided Angler Fish (GAF). This (iii) Authorizes the use of Commis- paragraph (§ 300.65(c)(5)) governs the sion regulatory areas 2C and 3A RFQ transfer of Commission regulatory resulting from halibut QS held by the areas 2C and 3A halibut between indi- RQE as authorized in part 679 to this vidual fishing quota (IFQ) and guided title to supplement the annual guided angler fish (GAF), the issuance of GAF sport catch limit in the corresponding permits, and GAF use. area, pursuant to paragraph (c)(4) of (i) General. (A) GAF is derived from this section. halibut IFQ that is transferred from a (2) Implementation. The Commission Commission regulatory area 2C or 3A regulatory areas 2C and 3A CSP annual IFQ permit holder’s account held by a combined catch limits, annual com- person who also holds quota share (QS), mercial catch limits, and annual guid- as defined in § 679.2 of this title, to a ed sport catch limits are adopted by GAF permit holder’s account for the the Commission as annual manage- same regulatory area. ment measures and published by NMFS (B) A GAF permit authorizes a char- in the FEDERAL REGISTER as required in ter vessel angler to retain GAF that § 300.62. are caught in the Commission regu- (3) Annual commercial catch limits. (i) latory area specified on a GAF permit: The Commission regulatory areas 2C (1) During the sport halibut fishing and 3A annual commercial catch limits season adopted by the Commission as are determined by subtracting wastage annual management measures and pub- from the allocations in Tables 1 and 2 lished in the FEDERAL REGISTER as re- of this subpart E, adopted by the Com- quired in § 300.62, and mission as annual management meas- (2) Subject to the GAF use restric- ures, and published in the FEDERAL tions at paragraphs (c)(5)(iv)(A) REGISTER as required in § 300.62. through (K) of this section. (ii) Commercial fishing in Commis- (C) NMFS will return unharvested sion regulatory areas 2C and 3A is gov- GAF to the IFQ permit holder’s ac- erned by the Commission’s annual count from which the GAF were de- management measures and by regula- rived on or after fifteen calendar days tions at 50 CFR part 679, subparts A, B, prior to the closing of the commercial D, and E. halibut fishing season each year, sub- (4) Annual guided sport catch limits. (i) ject to paragraph (c)(5)(ii) of this sec- The Commission regulatory areas 2C tion and underage provisions at and 3A annual guided sport catch lim- § 679.40(e) of this title. its are determined by subtracting wast- (ii) Transfer Between IFQ and GAF— age from, and adding any pounds of (A) General. A transfer between IFQ RFQ held by an RQE for that area to, and GAF means any transaction in the allocations in Tables 3 and 4 of this which halibut IFQ passes between an subpart, adopted by the Commission as IFQ permit holder and a GAF permit annual management measures, and holder as:

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(1) A transfer of IFQ to GAF, in (3) Transfer due to court order, oper- which halibut IFQ equivalent pounds, ation of law, or as part of a security as defined in § 679.2 of this title, are agreement. NMFS may approve an Ap- transferred from a Commission regu- plication for Transfer Between IFQ and latory area 2C or 3A IFQ permit ac- GAF to return GAF to the IFQ permit count, converted to number(s) of GAF holder’s account from which it derived as specified in paragraph (c)(5)(ii)(E) of pursuant to a court order, operation of this section, and assigned to a GAF law, or a security agreement. permit holder’s account in the same (4) Notification of decision on applica- management area; tion. (i) Persons who submit an Appli- (2) A transfer of GAF to IFQ, in cation for Transfer Between IFQ and which GAF in number(s) of fish are GAF to the Regional Administrator transferred from a GAF permit holder’s will receive notification of the Re- account in Commission regulatory area gional Administrator’s decision to ap- 2C or 3A, converted to IFQ equivalent prove or disapprove the application for pounds as specified in paragraph transfer. (c)(5)(ii)(E) of this section, and as- (ii) If an Application for Transfer Be- signed to the same IFQ permit holder’s tween IFQ and GAF is disapproved, account from which the GAF were de- NMFS will provide the reason(s) in rived; or writing by mail, posted on the date of (3) The return of unharvested GAF by that decision. NMFS to the IFQ permit holder’s ac- (iii) Disapproval of an Application for count from which it was derived, on or Transfer Between IFQ and GAF may be after 15 calendar days prior to the clos- appealed pursuant to § 679.43 of this ing of the commercial halibut fishing title. season. (iv) The Regional Administrator will (B) Transfer procedure—(1) Application not approve a transfer between IFQ and for Transfer Between IFQ and GAF. A GAF on an interim basis if an appli- transfer between IFQ and GAF requires cant appeals a disapproval of an Appli- Regional Administrator review and ap- cation for Transfer Between IFQ and proval of a complete Application for GAF pursuant to § 679.43 of this title. Transfer Between IFQ and GAF. Both (5) IFQ and GAF accounts. (i) Ac- the transferor and the transferee are counts affected by either a Regional required to complete and sign the ap- Administrator-approved Application plication. Transfers will be conducted for Transfer Between IFQ and GAF or via methods approved by NMFS. The the return of unharvested GAF to IFQ Regional Administrator shall provide on or after 15 calendar days prior to an Application for Transfer Between the closing of the commercial halibut IFQ and GAF on the NMFS Alaska Re- fishing season for that year will be ad- gion Web site at http:// justed on the date of approval or re- alaskafisheries.noaa.gov /ram/default.htm. turn. Applications for Transfer Be- An Application for Transfer Between tween IFQ and GAF that are transfers IFQ and GAF is not required for the re- of GAF to IFQ that have been approved turn of unharvested GAF by NMFS to by the Regional Administrator will be the IFQ permit holder’s account from completed not earlier than September which it was derived, 15 calendar days 1. Any necessary permits will be sent prior to the closing of the commercial with the notification of the Regional halibut fishing season for that year. Administrator’s decision on the Appli- (2) Application timing. The Regional cation for Transfer Between IFQ and Administrator will not approve any GAF. Application for Transfer Between IFQ (ii) Upon approval of an Application and GAF before annual IFQ is issued for Transfer Between IFQ and GAF for for each year or after one month prior an initial transfer from IFQ to GAF, to the closing of the commercial fish- NMFS will establish a new GAF ac- ing season for that year. Applications count for the GAF applicant’s account to transfer GAF to IFQ will be accept- and issue the resulting new GAF and ed from August 1 through August 31 IFQ permits. If a GAF account already only. exists from a previous transfer from

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the same IFQ account in the cor- pounds, as defined in § 679.2 of this responding management area in that title, from the transfer of IFQ to GAF year, NMFS will modify the GAF re- and the pounds of RFQ issued to the cipient’s GAF account and the IFQ RQE during a calendar year does not transferor’s permit account and issue exceed an amount that is greater than modified GAF and IFQ permits upon the amount derived from: 5,947,740 approval of an Application for Transfer units of Area 2C QS, or 22,187,161 units Between IFQ and GAF. of Area 3A QS. (iii) On or after 15 calendar days prior (2) The person applying to receive or to the closing of the commercial hal- transfer GAF possesses a valid charter ibut fishing season, NMFS will convert halibut permit, community charter unharvested GAF from a GAF permit halibut permit, or military charter hal- holder’s account back into IFQ equiva- ibut permit in the Commission regu- lent pounds as specified in paragraph latory area (Area 2C or Area 3A) that (c)(5)(ii)(E)(2) of this section, and re- corresponds to the IFQ permit area turn the resulting IFQ equivalent from or to which the IFQ will be trans- pounds to the IFQ permit holder’s ac- ferred. count from which the GAF were de- (3) For a transfer of IFQ to GAF: rived, unless prevented by regulations (i) The transfer between IFQ and at 15 CFR part 904. GAF must not cause the GAF permit (C) Complete application. Applicants issued to exceed the GAF use limits in must submit a completed Application paragraphs (c)(5)(iv)(H)(1) and (2) of for Transfer Between IFQ and GAF to this section; the Regional Administrator as in- (ii) The transfer must not cause the structed on the application. NMFS will person applying to transfer IFQ to ex- notify applicants with incomplete ap- ceed the GAF use limit in paragraph plications of the specific information (c)(5)(iv)(H)(3) of this section; and necessary to complete the application. (iii) There must be no fines, civil pen- (D) Application for Transfer Between alties, sanctions, or other payments IFQ and GAF approval criteria. An Ap- due and owing, or outstanding permit plication for Transfer Between IFQ and sanctions, resulting from Federal fish- GAF will not be approved until the Re- ery violations involving either person gional Administrator has determined or permit. that: (4) If a Community Quota Entity (1) The person applying to transfer (CQE), as defined in § 679.2 of this title, IFQ to GAF or receive IFQ from a submits a ‘‘Community Quota Entity transfer of GAF to IFQ: Application for Transfer Between Indi- (i) Possesses at least one unit of hal- vidual Fishing Quota (IFQ) and Guided ibut quota share (QS), as defined in Angler Fish (GAF),’’ the application § 679.2 of this title, in the applicable will not be approved until the Regional Commission regulatory area, either Administrator has determined that: Area 2C or Area 3A, for which the (i) The CQE applying to transfer IFQ transfer of IFQ to GAF is requested; to GAF is eligible to hold IFQ on behalf (ii) Has been issued an annual IFQ of the eligible community in Commis- Permit, as defined in § 679.4(d)(1) of this sion regulatory area 2C or 3A des- title, for the Commission regulatory ignated in Table 21 to 50 CFR part 679; area corresponding to the person’s QS (ii) The CQE applying to transfer IFQ holding, either Area 2C or Area 3A, re- to GAF has received notification of ap- sulting from that halibut QS; and proval of eligibility to receive IFQ for (iii) Has an IFQ permit holder’s ac- that community as described in count with an IFQ amount equal to or § 679.41(d)(1) of this title; greater than amount of IFQ to be (iii) The CQE applying to receive GAF transferred in the Commission regu- from a Commission regulatory area 2C latory area, either Area 2C or Area 3A, or 3A IFQ permit holder holds one or for which the transfer of IFQ to GAF is more charter halibut permits or com- requested. munity charter halibut permits for the (iv) In the applicable Commission corresponding area; and regulatory area, either Area 2C or Area (iv) The CQE applying to transfer be- 3A, the sum of IFQ halibut equivalent tween IFQ and GAF has submitted a

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complete annual report(s) as required mission regulatory area, subject to the by § 679.5(t) of this title. limits in paragraphs (c)(5)(iv)(A) (E) Conversion between IFQ and GAF— through (K) of this section, during a (1) General. An annual conversion fac- charter vessel fishing trip authorized tor will be calculated to convert be- by the charter halibut permit, commu- tween net pounds (whole number, no nity charter halibut permit, or mili- decimal points) of halibut IFQ and tary charter halibut permit that is des- number(s) of GAF (whole number, no ignated on the GAF permit. decimal points) for Area 2C and Area (2) A GAF permit authorizes a char- 3A. This conversion factor will be post- ter vessel angler to catch and retain ed on the NMFS Alaska Region Web GAF in the specified Commission regu- site before the beginning of each com- latory area from the time of permit mercial halibut fishing season. issuance until any of the following oc- (2) Conversion calculation. The net curs: pounds of IFQ transferred to or from an (i) The amount of GAF in the GAF IFQ permit holder in Commission regu- permit holder’s account is zero; latory area 2C or 3A will be equal to (ii) The permit expires at 11:59 p.m. the number(s) of GAF transferred to or (Alaska local time) on the day prior to from the GAF account of a GAF permit 15 days prior to the end of the commer- holder in the corresponding area, mul- cial halibut fishing season for that tiplied by the estimated average net year; weight determined as follows. For the (iii) NMFS replaces the GAF permit first calendar year after the effective with a modified GAF permit following date of this rule, the average net NMFS approval of an Application for weight will be estimated for all halibut Transfer Between IFQ and GAF; or harvested by charter vessel anglers (iv) The GAF permit is revoked or during the most recent year without a suspended under 15 CFR part 904. size limit in effect. After the first cal- (3) A GAF permit is issued for use in endar year after the effective date of a Commission regulatory area (2C or this rule, the average net weight will 3A) to the person who holds a valid be estimated from the average length charter halibut permit, community of GAF retained in that area during charter halibut permit, or military the previous year as reported to RAM charter halibut permit in the cor- via the GAF electronic reporting sys- responding Commission regulatory tem. If no GAF were harvested in a area. Regulations governing issuance, year, the conversion factor will be cal- transfer, and use of charter halibut culated using the same method as for permits are located in § 300.67. the first calendar year after the effec- (4) A GAF permit is assigned to only tive date of this rule. NMFS will round one charter halibut permit, community up to the nearest whole number (no charter halibut permit, or military decimals) when transferring IFQ to charter halibut permit held by the GAF and when transferring GAF to GAF permit holder in the cor- IFQ. Expressed algebraically, the con- responding Commission regulatory version formula is: area (2C or 3A). IFQ net pounds = (number of GAF × (5) If a charter vessel angler harvests average net weight). GAF from a charter vessel with a char- (3) The total number of net pounds ter vessel guide on board, a legible converted from unharvested GAF and copy of a valid GAF permit and the as- transferred to the IFQ permit holder’s signed charter halibut permit, commu- account from which it derived cannot nity charter halibut permit, or mili- exceed the total number of net pounds tary charter halibut permit appro- NMFS transferred from the IFQ permit priate for the Commission regulatory holder’s account to the GAF permit area (2C or 3A) must be carried by the holder’s account for that area in the charter vessel operator on board the current year. charter vessel used to harvest GAF at (iii) Guided Angler Fish (GAF) permit— all times that such fish are retained on (A) General. (1) A GAF permit author- board and must be presented for inspec- izes a charter vessel angler to catch tion on request of any authorized offi- and retain GAF in the specified Com- cer. If a charter vessel angler harvests

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GAF from a charter vessel without a permit holder’s GAF account at the charter vessel guide on board, the char- time of harvest. ter vessel guide must retain the legible (C) The total number of halibut re- copy of the GAF permit and the as- tained by a charter vessel angler har- signed charter halibut permit, commu- vesting GAF cannot exceed the sport nity charter halibut permit, or mili- fishing daily bag limit in effect for tary charter halibut permit must be on unguided sport anglers at the time of the charter vessel with the charter ves- harvest adopted by the Commission as sel angler. annual management measures and pub- (6) No person may alter, erase, muti- lished in the FEDERAL REGISTER as re- late, or forge a GAF permit or docu- quired in § 300.62. ment issued under this section (§ 300.65(c)(5)(iii)). Any such permit or (D) Retained GAF are not subject to document that has been intentionally any length limit implemented by the altered, erased, mutilated, or forged is Commission’s annual management invalid. measures and published in the FEDERAL (7) GAF permit holders must retain REGISTER as required in § 300.62, if ap- GAF permit(s) and associated GAF per- plicable. mit logs for two years after the end of (E) Each charter vessel angler retain- the fishing year for which the GAF per- ing GAF must comply with the halibut mit(s) was issued and make the GAF possession requirements adopted by the permit available for inspection upon Commission as annual management the request of an authorized officer (as measures and published in the FEDERAL defined in Commission regulations). REGISTER as required in § 300.62. (B) Issuance. The Regional Adminis- (F) The charter vessel guide must en- trator will issue a GAF permit upon sure that each charter vessel angler approval of an Application to Transfer complies with paragraphs (c)(5)(iv)(A) Between IFQ and GAF. through (E) of this section. (C) Transfer. GAF authorized by a (G) The charter vessel guide must be GAF permit under this paragraph physically present when the GAF hal- (§ 300.65(c)(5)(iii)) are not transferable ibut is harvested and must imme- to another GAF permit, except as pro- diately remove the tips of the upper vided under paragraph (c)(5)(ii) of this section. and lower lobes of the caudal (tail) fin (iv) GAF use restrictions. (A) If a char- to mark all halibut caught and re- ter vessel angler harvests GAF from a tained as GAF. If the GAF halibut is charter vessel with a charter vessel filleted, the entire carcass, with head guide on board, the charter vessel and tail connected as a single piece, guide must have on board a legible must be retained on board the charter copy of a valid GAF permit and the vessel on which the halibut was caught valid charter halibut permit, commu- until all fillets are offloaded. nity charter halibut permit, or mili- (H) Except as provided in paragraph tary charter halibut permit assigned to (c)(5)(iv)(I) of this section, during the the GAF permit for the area of harvest. halibut sport fishing season adopted by If a charter vessel angler harvests GAF the Commission as annual manage- from a charter vessel without a charter ment measures and published in the vessel guide on board, the legible copy FEDERAL REGISTER as required in of the valid GAF permit must be on § 300.62, the following GAF use and IFQ board the same vessel as the charter transfer limits shall apply. GAF use vessel guide, and the original charter limits do not apply to military charter halibut permit, community charter halibut permits. halibut permit, or military charter hal- (1) No more than 400 GAF may be as- ibut permit assigned to the GAF per- signed to a GAF permit that is as- mit for the area of harvest must be on the charter vessel with the charter ves- signed to a charter halibut permit or sel angler. community charter halibut permit en- (B) The total number of GAF on dorsed for six (6) or fewer charter ves- board a vessel cannot exceed the num- sel anglers in a year, ber of unharvested GAF in the GAF

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(2) No more than 600 GAF may be as- quirements—(i) Logbook submission. For signed to a GAF permit that is as- a charter vessel fishing trip during signed to a charter halibut permit en- which halibut were caught and re- dorsed for more than six (6) charter tained on or after the first Monday in vessel anglers in a year; and April and on or before December 31, (3) In Commission regulatory area 2C, Alaska Department of Fish and Game a maximum of 1,500 pounds or ten (10) (ADF&G) Saltwater Sport Fishing percent, whichever is greater, of the Charter Trip Logbook data sheets must start year fishable IFQ pounds for an be submitted to the ADF&G and post- IFQ permit, may be transferred from marked or received no later than 14 IFQ to GAF. In Commission regulatory calendar days after the Monday of the area 3A, a maximum of 1,500 pounds or fishing week (as defined in 50 CFR fifteen (15) percent, whichever is great- 300.61) in which the halibut were er, of the start year fishable IFQ caught and retained. Logbook sheets pounds for an IFQ permit, may be for a charter vessel fishing trip during transferred from IFQ to GAF. Start which halibut were caught and re- year fishable pounds is the sum of IFQ tained on January 1 through the first equivalent pounds, as defined in § 679.2 Sunday in April, must be submitted to of this title, for an area, derived from the ADF&G and postmarked or re- QS held, plus or minus adjustments ceived no later than the second Mon- made to that amount pursuant to day in April. § 679.40(d) and (e) of this title. (ii) The charter vessel guide is re- (I) The halibut QS equivalent of net sponsible for complying with the re- pounds of halibut IFQ that is transporting requirements of this paragraph ferred to GAF is included in the com- (d). The person whose business was as- putation of halibut QS use caps in signed an Alaska Department of Fish § 679.42(f)(1)(i) and (ii) of this title. and Game Saltwater Sport Fishing (J) A CHP holder receiving GAF from Charter Trip Logbook is responsible for a CQE is subject to § 679.42(f)(6) of this ensuring that the charter vessel guide title. For a CHP holder who receives complies with the reporting require- GAF from a CQE, the net poundage ments of this paragraph (d). equivalent of all halibut IFQ received (2) Retention and inspection of logbook. as GAF is included in the computation A person who is required to provide in- of that person’s IFQ halibut holdings in formation pursuant to paragraph (d)(4) § 679.42(f)(6) of this title. of this section, or whose business was (K) Applicability of GAF use restric- assigned an Alaska Department of Fish tions to CQEs. The GAF use restric- and Game Saltwater Sport Fishing tions in paragraph (c)(5)(iv)(H) of this Charter Trip Logbook and whose char- section do not apply if: ter vessel anglers retain halibut is re- (1) A CQE transfers IFQ as GAF to a quired to: GAF permit that is assigned to one or (i) Retain all logbook data pages more charter halibut permits held by showing halibut harvest for 2 years that CQE or community charter hal- after the end of the fishing year for ibut permits held by that CQE; which the logbook was issued, and (2) A CQE transfers IFQ as GAF to (ii) Make the logbook available for another CQE holding one or more char- inspection upon the request of an au- ter halibut permits or community thorized officer (as defined in Commis- charter halibut permits; or sion regulations). (3) A CQE transfers IFQ as GAF to a (3) Charter vessel guide and crew re- GAF permit that is assigned to a char- striction in Commission regulatory areas ter halibut permit held by an eligible 2C and 3A. A charter vessel guide, char- community resident (as defined at ter vessel operator, or crew member § 679.2) of that CQE community, as de- may not catch and retain halibut dur- fined for purposes of the Catch Sharing ing a charter vessel fishing trip in Plan for Commission regulatory areas Commission regulatory area 2C or 3A, 2C and 3A in § 679.2 of this title, holding except that charter vessel operators one or more charter halibut permits. who are charter vessel anglers may (d) Charter vessels in Commission regu- catch and retain halibut during a char- latory area 2C and 3A—(1) General re- ter vessel fishing trip if the charter

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vessel guide is on a separate charter (4) Guided Angler Fish (GAF) permit vessel. number. The NMFS GAF permit num- (4) Recordkeeping and reporting re- ber(s) authorizing charter vessel an- quirements in Commission regulatory area glers on that charter vessel fishing trip 2C and 3A—(i) General requirements. to harvest GAF. Each charter vessel angler and charter (5) Statistical area. The primary Alas- vessel guide in Commission regulatory ka Department of Fish and Game sta- area 2C or 3A must comply with the tistical area code in which halibut were following recordkeeping and reporting caught and retained. requirements, except as specified in (6) Angler sport fishing license number paragraph (d)(4)(iii)(C) of this section, and printed name. Before a charter ves- by the end of the calendar day or by sel fishing trip begins, record the first the end of the charter vessel fishing and last name of each paying or non- trip, whichever comes first, unless oth- paying charter vessel angler on board erwise specified. that will fish for halibut. For each an- (ii) Logbook reporting requirements— gler required to be licensed, record the (A) Charter vessel angler signature re- Alaska Sport Fishing License number quirement. Each charter vessel angler for the current year, resident perma- who retains halibut caught in Commis- nent license number, or disabled vet- sion regulatory area 2C or 3A must ac- eran license number. For youth anglers knowledge that his or her name, li- not required to be licensed, record the cense number (if required), and number word ‘‘youth’’ in place of the license of halibut retained (kept) are recorded number. correctly by signing the Alaska De- (7) Number of halibut retained. For partment of Fish and Game Saltwater each charter vessel angler, record the Charter Logbook data sheet on the line total number of non-GAF halibut that corresponds to the angler’s infor- caught and kept. mation. (8) Number of GAF retained. For each (B) Charter vessel guide requirements. If charter vessel angler, record the total halibut were caught and retained in number of GAF kept. Commission regulatory area 2C or 3A, (9) Guide signature. The charter vessel the charter vessel guide must record guide acknowledges that the recorded the following information (see para- information is correct by signing the graphs (d)(4)(ii)(B)(1) through (10) of logbook data sheet. this section) in the Alaska Department (10) Angler signature. The charter ves- of Fish and Game Saltwater Charter sel guide is responsible for ensuring Logbook: that charter vessel anglers that retain (1) Guide license number. The Alaska halibut comply with the signature re- Department of Fish and Game sport quirements at paragraph (d)(4)(ii)(A) of fishing guide license or registration this section. number held by the charter vessel (iii) GAF reporting requirements—(A) guide who certified the logbook data General. (1) Upon retention of a GAF sheet. halibut, the charter vessel guide must (2) Date. Month and day for each immediately record on the GAF permit charter vessel fishing trip taken. A sep- log (on the back of the GAF permit) arate logbook data sheet is required for the date that the fish was caught and each charter vessel fishing trip if two retained and the total length of that or more trips are taken on the same fish as described in paragraphs day. A separate logbook data sheet is (d)(4)(iii)(D)(5) and (7) of this section. If required for each calendar day that GAF halibut are retained on a charter halibut are caught and retained during vessel without a charter vessel guide a multi-day trip. A separate logbook on board, the charter vessel guide must sheet is required if more than one char- also comply with the reporting require- ter halibut permit is used on a trip. ments in paragraph (d)(4)(iii)(A)(5) of (3) Charter halibut permit (CHP) num- this section. ber. The NMFS CHP number(s) author- (2) In addition to the recordkeeping izing charter vessel anglers on that and reporting requirements in para- charter vessel fishing trip to catch and graphs (d)(4)(i) and (ii) of this section, retain halibut. a GAF permit holder must use the

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NMFS-approved electronic reporting proved electronic reporting system (see system on the Alaska Region Web site paragraphs (d)(4)(iii)(D)(1) through (9) at http://alaskafisheries.noaa.gov/ to sub- of this section) by 11:59 p.m. (Alaska mit a GAF landings report. local time) on the last day of a charter (3) A GAF permit holder must submit fishing trip in which a charter vessel a GAF landings report by 11:59 p.m. angler retained GAF: (Alaska local time) on the last cal- (1) Logbook number from the Alaska endar day of a fishing trip for each day Department of Fish and Game Salt- on which a charter vessel angler re- water Sport Fishing Charter Trip Log- tained GAF authorized by the GAF per- book. mit held by that permit holder. (2) Vessel identification number for (4) If a GAF permit holder is unable vessel on which GAF were caught and to submit a GAF landings report due to retained: hardware, software, or Internet failure (i) State of Alaska issued boat reg- for a period longer than the required istration (AK number), or reporting time, or a correction must be (ii) U.S. Coast Guard documentation made to information already sub- number. mitted, the GAF permit holder must (3) GAF permit number under which contact NOAA Office of Law Enforce- GAF were caught and retained. ment, Juneau, AK, at 800–304–4846 (Se- (4) Alaska Department of Fish and lect Option 1). Game sport fishing guide license or (5) If a GAF is retained on a charter registration number held by the char- vessel without a charter vessel guide ter vessel guide who certified the log- on board, the charter vessel guide must book data sheet. immediately record in the ADF&G (5) Date that GAF was caught and re- Saltwater Charter Logbook the GAF tained. permit number under which GAF were (6) Number of GAF caught and re- caught and retained, and the number of tained. GAF kept under the corresponding (7) Length of each GAF caught and charter vessel angler’s name. retained. Halibut lengths are measured (B) Electronic Reporting of GAF. A in inches in a straight line from the an- GAF permit holder must obtain, at his terior-most tip of the lower jaw with or her own expense, the technology to the mouth closed to the extreme end of submit GAF landing reports to the the middle of the tail. NMFS-approved reporting system for (8) Community charter halibut per- GAF landings. mit only: Community or Port where (C) NMFS-Approved Electronic Report- the charter vessel fishing trip began ing System. The GAF permit holder (i.e., where charter vessel anglers agrees to the following terms (see para- boarded the vessel). graphs (d)(4)(iii)(C)(1) through (3) of (9) Community charter halibut per- this section): mit only: Community or Port where (1) To use any NMFS online service the charter vessel fishing trip ended or reporting system only for authorized (i.e., where charter vessel anglers or purposes; fish were offloaded from the vessel). (2) To safeguard the NMFS Person (E) Properly reported landing. (1) The Identification Number and password to GAF permit holder is responsible for prevent their use by unauthorized per- ensuring that all GAF harvested on sons; and board a vessel are debited from the (3) To accept the responsibility of GAF permit holder’s account under and acknowledge compliance with which the GAF were retained. § 300.4(a) and (b), § 300.65(d), and (2) A GAF landing confirmation num- § 300.66(p) and (q). ber issued by the NMFS-approved elec- (D) Information entered for each GAF tronic reporting system and recorded caught and retained. The GAF permit by the GAF permit holder on the GAF holder must enter the following infor- permit log used to record the dates and mation for each charter vessel fishing lengths of retained GAF, as required in trip in which GAF were retained under paragraph (d)(4)(iii)(A)(1) of this sec- the authorization of the permit hold- tion, constitutes confirmation that the er’s GAF permit into the NMFS-ap- GAF permit holder’s GAF landing is

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properly reported and the GAF permit Chichagof Island at 57°22′03″ N. lat., holder’s account is properly debited. 135°43′00″ W. long., and (3) Instructions for correcting a sub- (B) A line from Chichagof Island at mitted GAF landing electronic report 57°22′35″ N. lat., 135°41′18″ W. long. to are at (d)(4)(iii)(A)(4) of this section. Baranof Island at 57°22′17″ N. lat., (5) Carcass retention requirement for 135°40′57″ W. lat.; and size-restricted halibut. If a size-restricted (C) That is enclosed on the south and halibut is filleted on board the charter west by a line from Sitka Point at vessel, the entire carcass, with head 56°59′23″ N. lat., 135°49′34″ W. long., to and tail connected as a single piece, Hanus Point at 56°51′55″ N. lat., must be retained on board the charter 135°30′30″ W. long., vessel on which it was caught until all (D) To the green day marker in Doro- fillets are offloaded. thy Narrows at 56°49′17″ N. lat., (6) If a charter vessel angler catches 135°22′45″ W. long. to Baranof Island at and retains halibut, and that halibut is 56°49′17″ N. lat., 135°22′36″ W. long. on board a fishing vessel with halibut (2) A person using a vessel greater caught and retained by persons who are than 35 ft (10.7 m) in overall length, as not charter vessel anglers, then the defined at 50 CFR 300.61, is prohibited daily bag limit, possession limit, size from fishing for IFQ halibut with limit, and carcass retention regula- setline gear, as defined at 50 CFR tions applicable to charter vessel an- 300.61, within Sitka Sound as defined in glers shall apply to all halibut on board paragraph (e)(1)(i) of this section. the fishing vessel. (3) A person using a vessel less than (e) The Local Area Management Plan or equal to 35 ft (10.7 m) in overall (LAMP) for Sitka Sound provides length, as defined at 50 CFR 300.61: 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 (A) By a line from Kruzof Island at (e)(1)(ii) of this section, from June 1 57°20′30″ N. lat., 135°45′10″ W. long. to through August 31.

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(5) Setline gear may not be used in a HALIBUT REGULATORY AREA 2C—Continued 4 nm radius extending south from Low Island at 57°00.70′ N. lat., 135°36.57′ W. Rural Community Organized Entity long. within Sitka Sound, as defined in Skagway ...... Municipality paragraph (e)(1)(ii) of this section, from Tenakee Springs ...... Municipality June 1 through August 31. Thorne Bay ...... Municipality Whale Pass ...... Census Designated Place (f) Sitka Pinnacles Marine Reserve. Wrangell ...... Municipality (1) For purposes of this paragraph (f), the Sitka Pinnacles Marine Reserve HALIBUT REGULATORY AREA 3A means an area totaling 2.5 square nm off Cape Edgecumbe, defined by Rural Community Organized Entity 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 Port Lions ...... Municipality defined at § 300.61, for halibut within Seldovia ...... Municipality the Sitka Pinnacles Marine Reserve. Tatitlek ...... Census Designated Place (3) No person shall anchor a vessel Yakutat ...... Municipality within the Sitka Pinnacles Marine Re- serve if halibut is on board. HALIBUT REGULATORY AREA 3B (g) Subsistence fishing in and off Alas- ka. No person shall engage in subsist- Rural Community Organized Entity ence fishing for halibut unless that per- Chignik Bay ...... Municipality son meets the requirements in para- Chignik Lagoon ...... Census Designated Place graphs (g)(1), (g)(2), or (g)(3) of this sec- Chignik Lake ...... Census Designated Place Cold Bay ...... Municipality tion. False Pass ...... Municipality (1) A person is eligible to harvest sub- Ivanof Bay ...... Census Designated Place sistence halibut if he or she is a rural King Cove ...... Municipality Nelson Lagoon ...... Census Designated Place resident of a community with cus- Perryville ...... Census Designated Place tomary and traditional uses of halibut Sand Point ...... Municipality listed in the following table: HALIBUT REGULATORY AREA 4A HALIBUT REGULATORY AREA 2C Rural Community Organized Entity Rural Community Organized Entity Akutan ...... Municipality Angoon ...... Municipality Nikolski ...... Census Designated Place Coffman Cove ...... Municipality Unalaska ...... Municipality Craig ...... Municipality Edna Bay ...... Census Designated Place Elfin Cove ...... Census Designated Place HALIBUT REGULATORY AREA 4B Gustavus ...... Census Designated Place Haines ...... Municipality Rural Community Organized Entity Hollis ...... Census Designated Place Hoonah ...... Municipality Adak ...... Census Designated Place Hydaburg ...... Municipality Atka ...... Municipality Hyder ...... Census Designated Place Kake ...... Municipality Kasaan ...... Municipality HALIBUT REGULATORY AREA 4C Klawock ...... Municipality Klukwan ...... Census Designated Place Rural Community Organized Entity Metlakatla ...... Census Designated Place Meyers Chuck ...... Census Designated Place St. George ...... Municipality Naukati ...... Municipality St. Paul ...... Municipality Pelican ...... Municipality Petersburg ...... Municipality Point Baker ...... Census Designated Place HALIBUT REGULATORY AREA 4D Port Alexander ...... Municipality Port Protection ...... Census Designated Place Rural Community Organized Entity Saxman ...... Municipality Sitka ...... Municipality Gambell ...... Municipality

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HALIBUT REGULATORY AREA 4D—Continued HALIBUT REGULATORY AREA 2C

Rural Community Organized Entity Place with Tribal Head- quarters Organized Tribal Entity Savoonga ...... Municipality Diomede (Inalik) ...... Municipality Angoon ...... Angoon Community Association Craig ...... Craig Community Association Haines ...... Chilkoot Indian Association HALIBUT REGULATORY AREA 4E Hoonah ...... Hoonah Indian Association Hydaburg ...... Hydaburg Cooperative Associa- Rural Community Organized Entity tion Juneau ...... Aukquan Traditional Council Alakanuk ...... Municipality Central Council Tlingit and Aleknegik ...... Municipality Haida Indian Tribes Bethel ...... Municipality Douglas Indian Association Brevig Mission ...... Municipality Kake ...... Organized Village of Kake Kasaan ...... Organized Village of Kasaan Chefornak ...... Municipality Ketchikan ...... Ketchikan Indian Corporation Chevak ...... Municipality Klawock ...... Klawock Cooperative Associa- Clark’s Point ...... Municipality tion Council ...... Census Designated Place Klukwan ...... Chilkat Indian Village Dillingham ...... Municipality Metlakatla ...... Metlakatla Indian Community, Eek ...... Municipality Annette Island Reserve Egegik ...... Municipality Petersburg ...... Petersburg Indian Association Elim ...... Municipality Saxman ...... Organized Village of Saxman Emmonak ...... Municipality Sitka ...... Sitka Tribe of Alaska Golovin ...... Municipality Skagway ...... Skagway Village Goodnews Bay ...... Municipality Wrangell ...... Wrangell Cooperative Associa- Hooper Bay ...... Municipality tion King Salmon ...... Census Designated Place Kipnuk ...... Census Designated Place Kongiganak ...... Census Designated Place HALIBUT REGULATORY AREA 3A Kotlik ...... Municipality Koyuk ...... Municipality Place with Tribal Head- Organized Tribal Entity Kwigillingok ...... Census Designated Place quarters 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 Iqua). Tatitlek ...... Native Village of Tatitlek Shishmaref ...... Municipality Wasilla ...... Village of Kanatak Solomon ...... Census Designated Place Yakutat ...... Yakutat Tlingit Tribe South Naknek ...... Census Designated Place St. Michael ...... Municipality ALIBUT EGULATORY REA Stebbins ...... Municipality H R A 3B 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- Place with Tribal Head- quarters Organized Tribal Entity 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 Umkumiute Native Village HALIBUT REGULATORY AREA 4B Nome ...... King Island Native Community Nome Eskimo Community Place with Tribal Head- Organized Tribal Entity Oscarville ...... Oscarville Traditional Village quarters Pilot Point ...... Native Village of Pilot Point Platinum ...... Platinum Traditional Village Atka ...... Native Village of Atka Port Heiden ...... Native Village of Port Heiden Quinhagak ...... Native Village of Kwinhagak Scammon Bay ...... Native Village of Scammon Bay HALIBUT REGULATORY AREA 4C Shaktoolik ...... Native Village of Shaktoolik Sheldon Point (Nunam Native Village of Sheldon’s Place with Tribal Head- Iqua). Point quarters Organized Tribal Entity Shishmaref ...... Native Village of Shishmaref Solomon ...... Village of Solomon . South Naknek ...... South Naknek Village St. George ...... Pribilof Islands Aleut Commu- St. Michael ...... Native Village of Saint Michael St. Paul ...... nities of St. Paul Island and Stebbins ...... Stebbins Community Associa- St. George Island tion Teller ...... Native Village of Mary’s Igloo HALIBUT REGULATORY AREA 4D Native Village of Teller Togiak ...... Traditional Village of Togiak Toksook Bay ...... Native Village of Toksook Bay Place with Tribal Head- quarters Organized Tribal Entity Tuntutuliak ...... Native Village of Tuntutuliak Tununak ...... Native Village of Tununak Gambell ...... Native Village of Gambell Twin Hills ...... Twin Hills Village Savoonga ...... Native Village of Savoonga Ugashik ...... Ugashik Village Diomede (Inalik)...... Native Village of Diomede Unalakleet ...... Native Village of Unalakleet (Inalik) Wales ...... Native Village of Wales White Mountain ...... Native Village of White Moun- tain HALIBUT REGULATORY AREA 4E (3) A person is eligible to harvest sub- Place with Tribal Head- quarters Organized Tribal Entity sistence halibut if he or she is a rural resident in one of the rural areas of Alakanuk ...... Village of Alakanuk Alaska described as follows: Aleknagik ...... Native Village of Aleknagik ° Bethel ...... Orutsararmuit Native Village (i) Southeast Alaska east of 141 W. Brevig Mission ...... Native Village of Brevig Mission long., except for the land areas of the Chefornak ...... Village of Chefornak Ketchikan Gateway Borough as de- Chevak ...... Chevak Native Village scribed at paragraph (g)(4)(i) of this Clark’s Point ...... Village of Clark’s Point Council ...... Native Village of Council section, the land areas of the City and Dillingham ...... Native Village of Dillingham Borough of Juneau, and the Ketchikan Native Village of Ekuk and Juneau non-subsistence marine Native Village of Kanakanak Eek ...... Native Village of Eek waters areas as defined in paragraphs Egegik ...... Egegik Village (h)(3)(i) and (h)(3)(ii) of this section Elim ...... Native Village of Elim (see figures 2 and 3 to this subpart E). Emmonak ...... Chuloonawick Native Village (ii) The Alaska Peninsula, Aleutian Emmonak Village Golovin ...... Chinik Eskimo Community Islands, Kodiak Island Archipelago, Goodnews Bay ...... Native Village of Goodnews Bay and the area south of the northern Hooper Bay ...... Native Village of Hooper Bay boundary of the Bristol Bay Borough Native Village of Paimiut ° ′ King Salmon ...... King Salmon Tribal Council and south of 58 39.2 N. lat. (see figures Kipnuk ...... Native Village of Kipnuk 5, 6, and 7 to this subpart E). Kongiganak ...... Native Village of Kongiganak (iii) Nelson, Nunivak, and Saint Law- Kotlik ...... Native Village of Hamilton rence Islands (see figure 6 to this sub- Village of Bill Moore’s Slough Village of Kotlik part E). Koyuk ...... Native Village of Koyuk (iv) All other areas of Alaska within Kwigillingok ...... Native Village of Kwigillingok ten statute miles of mean high water Levelock ...... Levelock Village Manokotak ...... Manokotak Village on the Bering Sea and Pacific Ocean Mekoryak ...... Native Village of Mekoryak coasts, south of Cape Espenberg, in- Naknek ...... Naknek Native Village cluding along the Kuskokwim River to

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Bethel, and that are not specified as consistent with the following limita- non-rural land or water areas as de- tions. fined in paragraph (g)(4) of this section (1) Subsistence fishing is limited to (see figures 4, 5, 6, and 7 to this subpart setline gear and hand-held gear, includ- E). ing longline, handline, rod and reel, (4) Non-rural areas consist of the spear, jig and hand-troll gear. non-subsistence marine waters areas (i) Subsistence fishing gear set or re- defined in paragraph (h)(3) of this sec- trieved from a vessel while engaged in tion and the land areas of the following subsistence fishing for halibut must cities and boroughs for purposes of the not have more than the allowable num- subsistence fishery for Pacific halibut ber of hooks per vessel, or per person in waters in and off Alaska: registered in accordance with para- (i) The Ketchikan Gateway Borough graph (i) of this section and aboard the on May 18, 2008. This area encompasses vessel, whichever is less, according to all those islands bounded on the east, the regulatory area and permit type in- north, and west by Behm Canal, Behm dicated in the following table: Narrows, and Clarence Strait to its junction with Nichols Passage, and on Regulatory Area Permit Type Gear Restrictions the south by Nichols and Revillagigedo 2C—Except Sitka SHARC 30 hooks per ves- Channel to its junction with Behm Sound, and sel Canal. The designated boundaries ex- Ketchikan and Ju- tend to the center line of Behm Canal, neau non-subsistence marine wa- Behm Narrows, Clarence Strait, Nich- ters areas ols Passage, and Revillagigedo Chan- nel, and include all the area of Ceremonial Per- 30 hooks per ves- Revillagigedo, Gravina, Pennock, mit sel Betton, Grant and other Clover Pas- Educational Per- 30 hooks per ves- sage and Naha Bay Islands, Hassler, mit sel Gedney, Black, Smeaton, Manzanita, Community Har- 30 hooks per per- Rudyerd, and Bold Islands, and all vest Permit son onboard up to other offshore and adjacent islands and 90 hooks per ves- inlets thereto (see figure 2 to this sub- sel part E). 2C—Sitka Sound SHARC September 1 (ii) The City and Borough of Juneau through May 31: (see figure 3 to this subpart E). 30 hooks per ves- (iii) The Greater Anchorage Area sel Borough (see figures 4 and 5 to this June 1 through subpart E). August 31: 15 (iv) The Matanuska-Susitna Borough hooks per vessel; (see figure 5 to this subpart E). no power hauling (v) The Kenai Peninsula Borough ex- Ceremonial Per- September 1 cluding the area of the Seldovia Census mit through May 31: Designated Place, the area south and 30 hooks per vessel west of that place, and the area south and west of a line that runs from June 1 through 59°27.5′ N. lat., 151°31.7′ W. long. to August 31: fishing ° ′ ° ′ under Ceremonial 59 12.5 N. lat., 151 18.5 W. long (see fig- Permit not al- ure 5 to this subpart E). lowed (vi) The City of Valdez (see figures 4 and 5 to this subpart E). Educational Per- 30 hooks per ves- mit sel (h) Limitations on subsistence fishing. Subsistence fishing for halibut may be Community Har- fishing under conducted only by persons who qualify vest Permit Community Har- vest Permit not al- for such fishing pursuant to paragraph lowed (g) of this section and who hold a valid subsistence halibut registration certifi- 2C—Ketchikan SHARC general subsist- cate in that person’s name issued by and Juneau non- ence halibut fish- subsistence ma- ing not allowed NMFS pursuant to paragraph (i) of this rine waters areas section, provided that such fishing is

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

Ceremonial Per- 30 hooks per ves- Community Har- fishing under mit sel vest Permit Community Har- vest Permit not al- Educational Per- 30 hooks per ves- lowed mit sel 3B SHARC 30 hooks per per- Community Har- fishing under son onboard up to vest Permit Community Har- 90 hooks per ves- vest Permit not al- sel lowed 4A and 4B SHARC 30 hooks per per- 3A—Except SHARC 30 hooks per person onboard up to Chiniak Bay, and son onboard up to 90 hooks per ves- Anchorage-Matsu- 90 hooks per vessel Kenai and Valdez sel non-subsistence 4C, 4D, and 4E SHARC no hook limit marine waters areas (ii) All setline gear marker buoys Ceremonial Per- 30 hooks per per- carried on board or used by any vessel mit son onboard up to regulated under this section shall be 90 hooks per ves- marked with the following: first ini- sel tial, last name, and address (street, Educational Per- 30 hooks per per- city, and state), followed by the letter mit son onboard up to ‘‘S’’ to indicate that it is used to har- 90 hooks per vessel vest subsistence halibut. (iii) Markings on setline marker Community Har- 30 hooks per per- vest Permit son onboard up to buoys shall be in characters at least 4 90 hooks per ves- inches (10.16 cm) in height and 0.5 inch sel (1.27 cm) in width in a contrasting

3A—Chiniak Bay SHARC 30 hooks per per- color visible above the water line and son onboard up to shall be maintained so the markings 60 hooks per ves- are clearly visible. sel (2) The retention of subsistence hal- Ceremonial Per- 30 hooks per per- ibut is limited per person eligible to mit son onboard up to conduct subsistence fishing for halibut 90 hooks per vessel and onboard the vessel according to the following table: Educational Per- 30 hooks per permit son onboard up to Regulatory Area Permit Type Retention Limits 90 hooks per vessel 2C—Except Sitka SHARC 20 halibut per Sound, and day per vessel Community Har- 30 hooks per per- Ketchikan and Ju- and in posses- vest Permit son onboard up to neau non-subsist- sion 90 hooks per ves- ence marine wa- sel ters areas

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

Ceremonial Per- 30 hooks per per- Community Har- no daily or pos- mit son onboard up to vest Permit session limit 90 hooks per vessel 2C—Sitka Sound SHARC September 1 through May 31: Educational Per- 30 hooks per per- 10 halibut per mit son onboard up to day per vessel 90 hooks per ves- and in posses- sel sion

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Regulatory Area Permit Type Retention Limits Regulatory Area Permit Type Retention Limits

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

Educational Per- 25 halibut per except in the four non-subsistence ma- mit permit rine waters areas defined as follows: (i) Ketchikan non-subsistence marine Community Har- fishing under vest Permit Community Har- waters area in Commission regulatory vest Permit not area 2C (see Figure 2 to subpart E) is allowed defined as those waters between a line 2C—Ketchikan SHARC general subsist- from Caamano Point at 55°29.90′ N. lat., and Juneau non- ence halibut fish- 131°58.25′ W. long. to Point Higgins at subsistence ma- ing not allowed 55°27.42′ N. lat., 131°50.00′ W. long. and a rine waters areas point at 55°11.78′ N. lat., 131°05.13′ W. Ceremonial Permit 25 halibut per long., located on Point Sykes to a permit point at 55°12.22′ N. lat., 131°05.70′ W. Educational Per- 25 halibut per long., located one-half mile northwest mit permit of Point Sykes to Point Alava at ° ′ ° ′ Community Har- fishing under 55 11.54 N. lat., 131 11.00 W. long. and vest Permit Community Har- within one mile of the mainland and vest Permit not the Gravina and Revillagigedo Island allowed shorelines, including within one mile 3A—Including SHARC 20 halibut per of the Cleveland Peninsula shoreline Chiniak Bay, but person per day and east of the longitude of Niblack excluding Anchor- and in posses- Point at 132°07.23′ W. long., and north age-Matsu-Kenai sion and Valdez non- of the latitude of the southernmost tip subsistence ma- of Mary Island at 55°02.66′ N. lat.; rine waters areas (ii) Juneau non-subsistence marine wa- Ceremonial Permit 25 halibut per ters area in Commission regulatory area permit 2C (see Figure 3 to subpart E) is defined

Educational Per- 25 halibut per as those waters of Stephens Passage mit permit and contiguous waters north of the latitude of Midway Island Light Community Har- no daily or pos- ° ′ vest Permit session limit (57 50.21 N. lat.), including the waters of Taku Inlet, Port Snettisham, Sagi- 3A—Anchorage- SHARC general subsist- naw Channel, and Favorite Channel, Matsu-Kenai and ence halibut fish- Valdez non-sub- ing not allowed and those waters of Lynn Canal and sistence marine contiguous waters south of the latitude waters areas of the northernmost entrance of Berners Bay (58°43.07′ N. lat.), including Ceremonial Permit 25 halibut per permit the waters of Berners Bay and Echo Cove, and those waters of Chatham Educational Per- 25 halibut per Strait and contiguous waters north of mit permit the latitude of Point Marsden (58°03.42′ Community Har- fishing under N. lat.), and east of a line from Point vest Permit Community Har- Couverden at 58°11.38′ N. lat., 135°03.40′ vest Permit not allowed W. long., to Point Augusta at 58°02.38′ N. lat., 134°57.11′ W. long.;

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(iii) The Anchorage-Matsu-Kenai non- sistence fishing for halibut only in his subsistence marine waters area in Com- or her area of tribal membership. mission Regulatory Area 3A (see figures (iii) For purposes of this paragraph 4, 5, 6, and 7 to this subpart E) is de- (h)(4), ‘‘area of tribal membership’’ fined as: means rural areas of the Commission (A) All waters of Cook Inlet north of regulatory area under which the Orga- a line extending from the westernmost nized Tribal Entity is listed in the ta- point of Hesketh Island at 59°30.40′ N. bles set out in paragraph (g)(2) of this lat., except those waters within mean section, or the Bering Sea closed area lower low tide from a point one mile adjacent to the rural area in which the south of the southern edge of the Alaska Native tribal headquarters is Chuitna River (61°05.00′ N. lat., 151°01.00′ located. W. long.) south to the easternmost tip (i) Subsistence registration. A person of Granite Point (61°01.00′ N. lat., must register as a subsistence halibut 151°23.00′ W. long.) (Tyonek subdis- fisher and possess a valid subsistence trict); and halibut registration certificate in his (B) All waters of Alaska south of or her name issued by NMFS before he 59°30.40′ N. lat. on the western shore of or she begins subsistence fishing for Cook Inlet to Cape Douglas (58°51.10′ N. halibut in waters in and off Alaska. lat.) and in the east to Cape Fairfield (1) A subsistence halibut registration (148°50.25′ W. long.), except those waters certificate will be issued to any person of Alaska west of a line from the east- who registers according to paragraph ernmost point of Jakolof Bay (151°31.90′ (i)(2) of this section and who is quali- W. long.), and following the shore to a fied to conduct subsistence fishing for line extending south from the eastern- halibut according to paragraph (g) of most point of Rocky Bay (151°18.41′ W. this section. The Alaska Region, long.); and NMFS, may enter into cooperative (iv) Valdez non-subsistence marine wa- agreements with Alaska Native tribal ters area in Commission regulatory area governments or their representative 3A (see figures 4 and 5 to this subpart organizations for purposes of identi- E) is defined as the waters of Port fying persons qualified to conduct sub- Valdez and Valdez Arm located north sistence fishing for halibut according of 61°01.38′ N. lat., and east of 146°43.80′ to paragraph (g) of this section. W. long. (2) Registration. To register as a sub- (4) Waters in and off Alaska that are sistence halibut fisherman, a person not specifically identified as non-sub- may request a cooperating Alaska Na- sistence marine waters areas in para- tive tribal government or other entity graph (h)(3) of this section are rural for designated by NMFS to submit an ap- purposes of subsistence fishing for hal- plication on his or her behalf to the ibut. Subsistence fishing may be con- Alaska Region, NMFS. Alternatively, a ducted in any rural area by any person person may apply by submitting a com- with a valid subsistence halibut reg- pleted application to the Alaska Re- istration certificate in his or her name gion, NMFS. Application forms are issued by NMFS under paragraph (i) of available on the NMFS Alaska Region this section, except that: Web site at http:// (i) A person who is not a rural resi- alaskafisheries.noaa.gov, or by con- dent but who is a member of an Alaska tacting NMFS at 800–304–4846, Option 2. Native tribe that is located in a rural NMFS will process a SHARC Applica- area and that is listed in the table in tion for an Alaska Native Tribal Mem- paragraph (g)(2) of this section is lim- ber or a SHARC Application for a ited to conducting subsistence fishing Rural Resident provided that an appli- for halibut only in his or her area of cation is completed, with all applicable tribal membership. fields accurately filled-in, and all re- (ii) A person who is a resident outside quired additional documentation is the State of Alaska but who is a mem- submitted. Initial applications for a ber of an Alaska Native tribe that is lo- SHARC must be signed and mailed or cated in a rural area and that is listed faxed to NMFS (see instructions on in the table in paragraph (g)(2) of this form). Renewals may be submitted section is limited to conducting sub- electronically, mailed, or faxed.

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(i) Non-electronic submittal. The appli- (A) The applying community is listed cant must sign and date the applica- as eligible in Area 2C or Area 3A action certifying that all information is cording to paragraph (g)(1) of this sec- true, correct, and complete. The appli- tion; and cant must submit the paper application (B) No Alaska Native tribe listed in as indicated on the application. paragraph (g)(2) of this section exists (ii) Electronic submittal. An individual in that community. can submit a SHARC renewal on-line (iii) NMFS will issue a CHP to an using an application available at the Alaska Native tribe in Area 2C or Area Alaska Region website. By using the 3A only if the applying tribe is listed as SHARC number and date of birth, and eligible in Area 2C or Area 3A accord- by submitting the application form, ing to paragraph (g)(2) of this section. the applicant certifies that all infor- (iv) Eligible communities or Alaska mation is true, correct, and complete. 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 Alaska Native tribe requesting the (i) 2 years from the date of its CHP; issuance to a person eligible to harvest (ii) The full name of the person who subsistence halibut under paragraph is designated as the CHP Coordinator (g)(1) of this section, and for each community or Alaska Native (ii) 4 years from the date of its tribe, the designated CHP Coordina- issuance to a person eligible to harvest tor’s mailing address (number and subsistence halibut under paragraph street, city, state, and zip code), com- (g)(2) of this section. munity of residence (the rural commu- (j) Community Harvest Permit (CHP). nity or residence from paragraph (g)(1) An Area 2C or Area 3A community or of this section) or the Alaska Native Alaska Native tribe listed in para- tribe if applicable (as indicated in paragraphs (g)(1) or (g)(2) of this section graph (g)(2) of this section), and the may apply for a CHP, which allows a daytime telephone number; and community or Alaska Native tribe to (iii) Any previously issued CHP har- appoint one or more individuals from vest logs. its respective community or Alaska (3) Restrictions. Subsistence fishing Native tribe to harvest subsistence hal- for halibut under a CHP shall be valid ibut from a single vessel under reduced only: gear and harvest restrictions. The CHP (i) In Area 2C or Area 3A, except that consists of a harvest log and up to five a CHP may not be used: laminated permit cards. A CHP is a (A) Within Sitka Sound as defined in permit subject to regulation under paragraph (e)(1)(ii) of this section (see § 679.4(a) of this title. Figure 1 to this subpart E); or (1) Qualifications. (i) NMFS may issue (B) Within the Ketchikan, Juneau, a CHP to any community or Alaska Anchorage-Matsu-Kenai, and Valdez Native tribe that applies according to non-subsistence marine waters areas as paragraph (j)(2) of this section and that defined in paragraph (h)(3) of this sec- is qualified to conduct subsistence fish- tion (see figures 2, 3, 4, 5, 6, and 7 to ing for halibut according to paragraph this subpart E). (g) of this section. (ii) To persons in possession of a (ii) NMFS will issue a CHP to a com- valid subsistence halibut registration munity in Area 2C or Area 3A only if: certificate issued in accordance with

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paragraph (i) of this section for the the period specified on the permit, and same community or Alaska Native if so, the date harvest occurred, the tribe listed on the CHP; number and weight (in pounds) of hal- (iii) On a single vessel on which a ibut harvested, the type of gear and CHP card is present; and number of hooks used, the Commission (iv) If subsistence fishing gear set or regulatory area and local water body retrieved from a vessel on which the from which the halibut were harvested, CHP card is present does not exceed and the number of lingcod and rockfish the restrictions of paragraph (h) of this caught while subsistence fishing for section. halibut. (4) Expiration of permit. Each CHP will (k) Ceremonial Permit or Educational be valid only for the period of time Permit. An Area 2C or Area 3A Alaska specified on the permit. A CHP will ex- Native tribe that is listed in paragraph pire one year from the date of issuance (g)(2) of this section may apply for a to a community or Alaska Native tribe Ceremonial or Educational Permit, al- eligible to harvest halibut under para- lowing the tribe to harvest up to 25 graph (g) of this section. A community halibut per permit issued. The Ceremo- or Alaska Native tribe eligible to har- nial and Educational Permits each con- vest subsistence halibut under para- sist of a harvest log and a single lami- graph (g) of this section may renew its nated permit card. Ceremonial and CHP that is expired or will expire with- Educational Permits are permits sub- in three months by following the proce- ject to regulation under § 679.4(a) of dures described in paragraph (j)(2) of this title. this section. (1) Qualifications. (i) NMFS may issue (5) Duties of the CHP coordinator. Each a Ceremonial or Educational Permit to CHP Coordinator must ensure: any Alaska Native tribe that completes (i) The designated harvesters who an application according to paragraph may fish under the CHP are identified (k)(2) of this section and that is quali- on the Community Harvest Permit har- fied to conduct subsistence fishing for vest log when the CHP is issued to the halibut according to paragraph (g)(2) of designated harvesters; this section. (ii) The CHP remains in the possession of the CHP Coordinator or other (ii) Eligible Alaska Native tribes may tribal or government authority when appoint only one Ceremonial Permit not in use and is issued to the des- Coordinator per tribe. ignated harvesters when necessary; and (iii) Eligible educational programs (iii) All required recordkeeping and may appoint only one authorized In- data reporting of subsistence harvests structor per Educational Permit. under the CHP are performed. (2) Application. An Alaska Native (6) Harvest log submission. Each Com- tribe may apply for a Ceremonial or munity Harvest Permit harvest log Educational Permit by submitting an must be submitted to NMFS on or be- application to the Alaska Region, fore the date of expiration by facsimile NMFS. Applications must be mailed to: or mail. Harvest logs must be mailed to Restricted Access Management Pro- RAM at the address given in paragraph gram, NMFS, Alaska Region, P.O. Box (j)(2) of this section or faxed to 907–586– 21668, Juneau, AK 99802–1668. 7354. The log must provide information (i) A complete application must in- on: clude: (i) The subsistence fisher’s identity (A) The name of the Alaska Native including his or her full name, subsist- tribe requesting the Ceremonial or ence halibut registration certificate Educational Permit; number, date of birth, mailing address (B) The name of the person des- (number and street, city, state, and zip ignated as the Ceremonial Permit Co- code), community of residence, day- ordinator for each Alaska Native tribe time phone number, and tribal identity or the name of the person designated as (if appropriate); and the Instructor for an Educational Per- (ii) The subsistence halibut harvest mit, the Ceremonial Permit Coordi- including whether the participant nator or Instructor’s mailing address fished for subsistence halibut during (number and street, city, state, and zip

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code), and the daytime telephone num- to this subpart E), only the following ber; 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. (iii) NMFS will issue an Educational (C) A Ceremonial Permit may not be Permit only if the application: used within Sitka Sound from June 1 (A) Includes the name and address of through August 31; the educational institution or organi- (iii) On a single vessel on which the zation; Ceremonial or Educational Permit card (B) Includes the instructor’s name; is present; (C) Demonstrates the enrollment of (iv) On the vessel on which the in- qualified students; structor is present for Educational Per- (D) Describes minimum attendance mits; requirements of the educational pro- (v) To persons in possession of a valid gram; and subsistence halibut registration certifi- (E) Describes standards for the suc- cate issued in accordance with para- cessful completion of the educational graph (i) of this section for the same program. Alaska Native tribe listed on the Cere- (3) Restrictions. Subsistence fishing monial or Educational Permit, except for halibut under Ceremonial or Edu- that students enrolled in an educational Permits shall be valid only: cational program may fish under an (i) In Area 3A, except: Educational Permit without a subsist- (A) In the Anchorage-Matsu-Kenai ence halibut registration certificate; non-subsistence marine waters area de- and fined in paragraph (h)(3) of this section (vi) If subsistence fishing gear set or (see figures 4, 5, 6, and 7 to this subpart retrieved from a vessel on which the E), only the following tribes may use a Ceremonial or Educational Permit card Ceremonial or Educational permit: is present does not exceed the restric- (1) Kenaitze Indian Tribe; tions of paragraph (h) of this section. (2) Seldovia Village Tribe; (4) Expiration of permits. Each Cere- (3) Ninilchik Village; monial or Educational Permit will be (4) Native Village of Port Graham; valid only for the period of time speci- (5) Native Village of Nanwalek; and fied on the permit. Ceremonial and (6) Village of Salamatoff. Educational Permits will expire 30 days (B) In the Valdez non-subsistence ma- from the date of issuance to an Alaska rine waters area defined in paragraph Native tribe eligible to harvest halibut (h)(3) of this section (see figures 4 and under paragraph (g)(2) of this section. 5 to this subpart E), only the Native A tribe eligible to harvest subsistence Village of Tatitlek may use a Ceremo- halibut under paragraph (g)(2) of this nial or Educational permit. section may apply for additional Cere- (ii) In Area 2C, except: monial or Educational Permits at any (A) In the Ketchikan non-subsistence time. marine waters area defined in para- (5) Duties of Ceremonial Permit Coordi- graph (h)(3) of this section (see figure 2 nators and Instructors. Each Ceremonial

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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- [68 FR 18156, Apr. 15, 2003] nial or Educational Permit are identified on the Ceremonial/Educational EDITORIAL NOTE: For FEDERAL REGISTER ci- Permit harvest log when the permit is tations affecting § 300.65, see the List of CFR used; Sections Affected, which appears in the (ii) The Ceremonial Permit remains Finding Aids section of the printed volume and at www.govinfo.gov. in the possession of the Ceremonial Permit Coordinator or other tribal au- § 300.66 Prohibitions. thority when not in use and is issued to designated harvesters when necessary; In addition to the general prohibi- and tions specified in 50 CFR 300.4, it is un- (iii) All required recordkeeping and lawful for any person to do any of the data reporting of subsistence harvests following: under the Ceremonial or Educational (a) Fish for halibut except in accord- Permit are performed. ance with the annual management (6) Harvest log submission. Submission measures published pursuant to 50 CFR of a Ceremonial or Educational Permit 300.62. log shall be required upon the expira- (b) Fish for halibut except in accord- tion of each permit and must be re- ance with the catch sharing plans and ceived by Restricted Access Manage- domestic management measures implement within 15 days of the expiration mented under §§ 300.63, 300.65, and by facsimile or mail. Harvest logs must 300.67. be mailed to RAM at the address given (c) Fish for halibut in Sitka Sound in in paragraph (k)(2) of this section or violation of the Sitka Sound LAMP faxed to 907–586–7354. The log must pro- implemented under 50 CFR 300.65(e). vide information on: (d) Fish for halibut or anchor a vessel (i) The subsistence fisher’s identity with halibut on board within the Sitka including his or her full name, subsist- Pinnacles Marine Reserve defined at 50 ence halibut registration certificate CFR 300.65(f). number if applicable (students do not (e) Fish for subsistence halibut in need a SHARC), date of birth, mailing and off Alaska unless the person is address (number and street, city, state, qualified to do so under § 300.65(g), pos- and zip code), community of residence, sesses a valid subsistence halibut reg- daytime phone number, and tribal istration certificate pursuant to identity; § 300.65(i), and makes this certificate (ii) The subsistence halibut harvest available for inspection by an author- including whether the participant ized officer on request, except that stu- fished for subsistence halibut during dents enrolled in a valid educational the period indicated on the permit, and program and fishing under an Edu- if so, the date when harvest occurred, cational Permit issued pursuant to the number and weight (in pounds) of § 300.65(k) do not need a subsistence halibut harvested, the type of gear and halibut registration certificate. number of hooks used, the Commission (f) Fish for subsistence halibut in and regulatory area and local water body off Alaska with gear other than that from which the halibut were harvested, described at 50 CFR 300.65(h)(1) and re- and the number of lingcod and rockfish tain more halibut than specified at 50 caught while subsistence fishing for CFR 300.65(h)(2). halibut. (g) Fish for subsistence halibut in (l) Appeals. If Restricted Access Man- and off Alaska in a non-subsistence agement (RAM) determines that an ap- marine waters area specified at plication is deficient, it will prepare § 300.65(h)(3). and send an Initial Administrative De- (h) Conduct subsistence fishing for termination (IAD) to the applicant. halibut while commercial fishing or The IAD will indicate the deficiencies sport fishing for halibut, as defined in in the application or any additional § 300.61, from the same vessel on the provided information. An applicant same calendar day, or possess on board

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a vessel halibut harvested while sub- expense of fishing for subsistence hal- sistence fishing with halibut harvested ibut under the following conditions: while commercial fishing or sport fish- (1) Persons who qualify as rural resi- ing, except that persons authorized to dents under § 300.65(g)(1) or (g)(3) and conduct subsistence fishing under hold a SHARC in the person’s name § 300.65(g), and who land their total an- under § 300.65(i) may be reimbursed for nual harvest of halibut: actual expenses for ice, bait, food, and (1) In Commission regulatory Areas fuel directly related to subsistence 4D or 4E may retain, with harvests of fishing for halibut, by residents of the Community Development Quota (CDQ) same rural community or by rural resi- halibut, subsistence halibut harvested dents residing within ten statute miles in Commission regulatory areas 4D or of the rural location listed on the per- 4E that are smaller than the size limit son’s SHARC application; or specified in the annual management (2) Persons who qualify as Alaska Na- measures published pursuant to § 300.62; tive tribal members under § 300.65(g)(2) or and hold a SHARC in the person’s (2) In Commission regulatory Areas name under § 300.65(i) may be reim- 4C, 4D or 4E may retain, with harvests bursed for actual expenses for ice, bait, of CDQ halibut, subsistence halibut food, and fuel directly related to sub- harvested in Commission regulatory sistence fishing for halibut, by any areas 4C, 4D or 4E that are equal to or Alaska Native tribe, or its members, or greater than the size limit specified in residents of the same rural community the annual management measures pub- or by rural residents residing within lished pursuant to § 300.62. ten statute miles of the rural location (i) Conduct commercial and sport listed on the person’s SHARC applica- fishing for halibut, as defined in tion. § 300.61, from the same vessel on the (l) Retain subsistence halibut har- same calendar day. vested under a CHP, Ceremonial Per- (j) Fish for subsistence halibut from mit, or Educational Permit together in a charter vessel or retain subsistence any combination or with halibut har- halibut onboard a charter vessel if any- vested under any other license or per- one other than the owner of record, as mit. indicated on the State of Alaska vessel (m) Fillet, mutilate, or otherwise dis- registration, or the owner’s immediate figure subsistence halibut in any man- family is aboard the charter vessel and ner that prevents the determination of unless each person engaging in subsist- the number of fish caught, possessed, ence fishing onboard the charter vessel or landed. holds a subsistence halibut registration (n) Exceed any of the harvest or gear certificate in the person’s name pursu- limitations specified at § 300.65(c)(5) or ant to § 300.65(i) and complies with the adopted by the Commission as annual gear and harvest restrictions found at management measures and published § 300.65(h). For purposes of this para- in the FEDERAL REGISTER as required in graph (i), the term ‘‘charter vessel’’ § 300.62. means a vessel that is registered, or (o) Transfer subsistence halibut to that should be registered, as a sport charter vessel anglers. fishing guide vessel with the Alaska (p) Fail to comply with the require- Department of Fish and Game. ments of §§ 300.65 and 300.67. (k) Retain or possess subsistence hal- (q) Fail to submit or submit inac- ibut for commercial purposes; cause curate information on any report, li- subsistence halibut to be sold, cense, catch card, application, or state- bartered, or otherwise entered into ment required or submitted under commerce; or solicit exchange of sub- §§ 300.65 and 300.67, or submit inac- sistence halibut for commercial pur- curate information to an authorized of- poses, except that a person who quali- ficer. fied to conduct subsistence fishing for (r) Refuse to present valid identifica- halibut under § 300.65(g), and who holds tion, U.S. Coast Guard operator’s li- a subsistence halibut registration cer- cense, permit, license, or Alaska De- tificate in the person’s name under partment of Fish and Game Saltwater § 300.65(i), may be reimbursed for the Sport Fishing Charter Trip logbook

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upon the request of an authorized offi- § 300.67 Charter halibut limited access cer. program. (s) Be a charter vessel guide with This section establishes limitations charter vessel anglers on board, or a on using a vessel on which charter ves- charter vessel operator if the charter sel anglers catch and retain Pacific vessel guide is not on board, in Com- halibut in International Pacific Hal- mission regulatory area 2C or 3A with- ibut Commission (IPHC) regulatory out an original valid charter halibut areas 2C and 3A. permit for the regulatory area in which (a) General permit requirements. (1) In the charter vessel is operating during a addition to other applicable permit, li- charter vessel fishing trip. censing, or registration requirements, (t) Be a charter vessel guide in Com- any charter vessel guide of a charter mission regulatory area 2C or 3A with vessel during a charter vessel fishing more charter vessel anglers catching trip with one or more charter vessel and retaining halibut during a charter anglers catching and retaining Pacific vessel fishing trip than the total angler halibut on board must have on board endorsement number specified on the the vessel an original valid charter hal- charter halibut permit(s) or commu- ibut permit or permits endorsed for the nity charter halibut permit(s) in use regulatory area in which the charter for that trip. vessel is operating and endorsed for at (u) Be a charter vessel guide of a least the number of charter vessel an- charter vessel on which one or more glers who are catching and retaining Pacific halibut. Each charter halibut charter vessel anglers are catching and permit holder must ensure that the retaining halibut in both Commission charter vessel operator and charter regulatory areas 2C and 3A during one vessel guide of the charter vessel com- charter vessel fishing trip. ply with all requirements of §§ 300.65, (v) Be a charter vessel guide or a 300.66, and 300.67. charter vessel operator during a char- (2) Area endorsement. A charter hal- ter vessel fishing trip in Commission ibut permit is valid only in the Inter- regulatory area 2C or 3A with one or national Pacific Halibut Commission more charter vessel anglers that are regulatory area for which it is en- catching and retaining halibut without dorsed. Regulatory areas are defined in having on board the vessel with the the annual management measures pub- charter vessel anglers a State of Alas- lished pursuant to § 300.62. ka Department of Fish and Game Salt- (3) Charter vessel angler endorsement. A water Charter Logbook in which the charter halibut permit is valid for up charter vessel guide has specified the to the maximum number of charter following: vessel anglers on a single charter ves- (1) The person named on the charter sel for which the charter halibut per- halibut permit or permits being used mit is endorsed. during that charter vessel fishing trip; (4) Annual registration. A charter hal- (2) The charter halibut permit or per- ibut permit holder must register a mits number(s) being used during that charter halibut permit with NMFS dur- charter vessel fishing trip; and ing the calendar year when it will be (3) The name and State-issued vessel used to be valid. registration (AK number) or U.S. Coast (i) Application and submittal. An appli- Guard documentation number of the cation for a charter halibut permit an- charter vessel. nual registration will be made available by NMFS. A completed registra- [68 FR 18156, Apr. 15, 2003, as amended at 70 tion application may be submitted FR 16754, Apr. 1, 2005; 72 FR 30728, June 4, using the NMFS-approved electronic 2007; 72 FR 67669, Nov. 30, 2007; 73 FR 30524, reporting system on the Alaska Region May 28, 2008; 73 FR 52797, Sept. 11, 2008; 73 FR website at https://www.fisheries.noaa.gov 54942, Sept. 24, 2008; 74 FR 21228, May 6, 2009; /region/alaska. Completed applications 74 FR 57110, Nov. 4, 2009; 75 FR 600, Jan. 5, may also be submitted by mail, hand 2010; 78 FR 75890, Dec. 12, 2013; 80 FR 35206, delivery, or facsimile at any time to June 19, 2015] the address(s) listed on the application.

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(ii) Complete annual registration. To be (A) Reported five (5) bottomfish log- complete, a charter halibut permit reg- book fishing trips or more during one istration application must have all re- year of the qualifying period; and quired fields accurately completed and (B) Reported five (5) halibut logbook be signed and dated by the applicant. fishing trips or more during the recent (iii) Denied registration applications. If participation period. NMFS does not approve an annual (iii) If the person is applying as a suc- charter halibut permit registration ap- cessor-in-interest to the person to plication, NMFS will inform the appli- which ADF&G issued the Business cant of the basis for its disapproval and Owner Licenses that authorized log- provide the applicant with a 30-day evi- book fishing trips that meet the par- dentiary period in which to correct any ticipation requirements described in application deficiencies. paragraphs (b)(1)(ii) of this section for (A) Initial Administration Determina- one or more charter halibut permits, tion (IAD). NMFS will send an IAD to the applicant following the expiration NMFS will require the following writ- of the 30-day evidentiary period if ten documentation: NMFS determines there is sufficient (A) If the applicant is applying on be- reason to deny the application. The half of a deceased individual, the appli- IAD will indicate the deficiencies in cant must document that the indi- the application and the deficiencies vidual is deceased, that the applicant is with the information submitted by the the personal representative of the applicant in support of its claim. deceased’s estate appointed by a court, (B) Appeal. An applicant that re- and that the applicant specifies who, ceives an IAD may appeal to the Office pursuant to the applicant’s personal of Administrative Appeals (OAA) pur- representative duties, should receive suant to 15 CFR part 906. the permit(s) for which application is (b) Qualifications for a charter halibut made; or permit. A charter halibut permit for (B) If the applicant is applying as a IPHC regulatory area 2C must be based successor-in-interest to an entity that on meeting participation requirements is not an individual, the applicant in area 2C. A charter halibut permit for must document that the entity has IPHC regulatory area 3A must be based been dissolved and that the applicant is on meeting participation requirements the successor-in-interest to the dis- in area 3A. Qualifications for a charter solved entity. halibut permit in each area must be de- (iv) If more than one applicant termined separately and must not be claims that they are the successor-in- combined. interest to a dissolved entity, NMFS (1) NMFS will issue a charter halibut will award the permit or permits for permit to a person who meets the fol- which the dissolved entity qualified in lowing requirements: the name(s) of the applicants that sub- (i) The person applies for a charter mitted a timely application and proved halibut permit within the application that they are a successor-in-interest to period specified in the FEDERAL REG- the dissolved entity. ISTER and completes the application (2) Notwithstanding any other provi- process pursuant to paragraph (h) of sion in this subpart, and except as pro- this section. vided in paragraph (b)(1)(iv) of this sec- (ii) The person is the individual or non-individual entity to which the tion, State of Alaska Department of Fish (i) One logbook fishing trip shall not and Game (ADF&G) issued the ADF&G be credited to more than one applicant; Business Owner Licenses that author- (ii) One logbook fishing trip made ized logbook fishing trips that meet pursuant to one ADF&G Business the minimum participation require- Owner License shall not be credited to ments described in paragraphs more than one applicant; and (b)(1)(ii)(A) and (b)(1)(ii)(B) of this sec- (iii) Participation by one charter hal- tion for one or more charter halibut ibut fishing business shall not be al- permits, unless the person is applying lowed to support issuance of permits to as a successor-in-interest. more than one applicant.

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(3) For purposes of this section, the (2) The angler endorsement number term ‘‘ADF&G Business Owner(s) Li- for each subsequent transferable per- cense(s)’’ includes a ‘‘business registra- mit issued to the same applicant for tion,’’ ‘‘sport fish business owner li- the same area will be the greatest cense,’’ ‘‘sport fish business license,’’ number of charter vessel anglers re- and ‘‘ADF&G business license’’. ported by the applicant on any logbook (c) Number of charter halibut permits. trip in the qualifying period for a ves- An applicant that meets the participa- sel not already used in that area to de- tion requirements in paragraph (b) of termine an angler endorsement, until this section will be issued the number all transferable permits issued to the of charter halibut permits equal to the applicant are assigned an angler en- lesser of the number of permits deter- dorsement. mined by paragraphs (c)(1) or (c)(2) of (3) The angler endorsement number this section as follows: for the first non-transferable permit (1) The total number of bottomfish for an area issued to an applicant will logbook fishing trips made pursuant to the applicant’s ADF&G Business Li- be the greatest number of charter ves- cense in the applicant-selected year di- sel anglers reported on any logbook vided by five, and rounded down to a trip in the qualifying period for a ves- whole number; or sel not already used to determine an (2) The number of vessels that made angler endorsement in that area. the bottomfish logbook fishing trips in (4) The angler endorsement number the applicant-selected year. for each subsequent non-transferable (d) Designation of transferability. Each permit issued to the same applicant for permit issued to an applicant under the same area will be the greatest paragraph (c) of this section will be number of charter vessel anglers redesignated as transferable or non- ported by the applicant on any logbook transferable. trip in the qualifying period for a ves- (1) Minimum participation criteria sel not already used in that area to de- for a transferable permit are described termine an angler endorsement, until in paragraphs (d)(1)(i) and (d)(1)(ii) of all non-transferable permits issued to this section as follows: the applicant are assigned an angler (i) Reported fifteen (15) bottomfish endorsement. logbook fishing trips or more from the (5) The angler endorsement number same vessel during one year of the will be four (4) if the greatest number qualifying period; and of charter vessel anglers reported on (ii) Reported fifteen (15) halibut log- any logbook fishing trip for an area in book fishing trips or more from the the qualifying period is less than four same vessel during the recent partici- (4), or no charter vessel anglers were pation period. reported on any of the applicant’s log- (iii) The vessel used during the recent book fishing trips in the applicant-se- participation period is not required to lected year. be the same vessel used during the (6) The angler endorsement number qualifying period. will be six (6) on a charter halibut per- (2) The number of transferable char- mit issued pursuant to military service ter halibut permits issued to an appli- under paragraph (g)(3) of this section. cant will be equal to the lesser of the number of vessels that met the min- (f) For purposes of this section, the imum transferable permit qualifica- following terms are defined as follows: tions described in paragraphs (d)(1)(i) (1) Applicant-selected year means the or (d)(1)(ii) of this section. year in the qualifying period, 2004 or (e) Angler endorsement. A charter hal- 2005, selected by the applicant for ibut permit will be endorsed as follows: NMFS to use in determining the appli- (1) The angler endorsement number cant’s number of transferable and non- for the first transferable permit for an transferable permits. area issued to an applicant will be the (2) Bottomfish logbook fishing trip greatest number of charter vessel an- means a logbook fishing trip in the glers reported on any logbook trip in qualifying period that was reported to the qualifying period in that area. the State of Alaska in a Saltwater

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Charter Logbook with one of the fol- cumstance provision cannot be used to lowing pieces of information: The sta- upgrade the number of permits issued tistical area(s) where bottomfish fish- or to change a non-transferable permit ing occurred, the boat hours that the to a transferable permit, and is limited vessel engaged in bottomfish fishing, or to the following circumstances. the number of rods used from the ves- (1) Recent participation period. An ap- sel in bottomfish fishing. plicant for a charter halibut permit (3) Halibut logbook fishing trip means a that meets the participation require- logbook fishing trip in the recent par- ment for the qualifying period, but ticipation period that was reported to does not meet the participation re- the State of Alaska in a Saltwater quirement for the recent participation Charter Logbook within the time limit period, may receive one or more char- for reporting the trip in effect at the ter halibut permits if the applicant time of the trip with one of the fol- proves paragraphs (g)(1)(i) through (iv) lowing pieces of information: The num- of this section as follows: ber of halibut that was kept, the num- (i) The applicant had a specific intent ber of halibut that was released, the to operate a charter halibut fishing statistical area(s) where bottomfish business in the recent participation pe- fishing occurred, or the boat hours that riod; the vessel engaged in bottomfish fish- (ii) The applicant’s specific intent ing. was thwarted by a circumstance that (4) Logbook fishing trip means a was: bottomfish logbook fishing trip or a (A) Unavoidable; halibut logbook fishing trip that was (B) Unique to the owner of the char- reported as a trip to the State of Alas- ter halibut fishing business; and ka in a Saltwater Charter Logbook (C) Unforeseen and reasonably un- within the time limits for reporting foreseeable by the owner of the charter the trip in effect at the time of the halibut fishing business; trip, except that for multi-day trips, (iii) The circumstance that prevented the number of trips will be equal to the the applicant from operating a charter number of days of the multi-day trip, halibut fishing business actually oc- e.g., a two day trip will be counted as curred; and two trips. (iv) The applicant took all reasonable (5) Official charter halibut record steps to overcome the circumstance means the information prepared by that prevented the applicant from op- NMFS on participation in charter hal- erating a charter halibut fishing busi- ibut fishing in Area 2C and Area 3A ness in the recent participation period. that NMFS will use to implement the (v) If the applicant proves the fore- Charter Halibut Limited Access Pro- going (see paragraphs (g)(1)(i) through gram and evaluate applications for (iv) of this section), the applicant will charter halibut permits. receive the number of transferable and (6) Qualifying period means the sport non-transferable permits and the an- fishing season established by the Inter- gler endorsements on these permits national Pacific Halibut Commission that result from the application of cri- (February 1 through December 31) in teria in paragraphs (b), (c), (d), (e), and 2004 and 2005. (f) of this section. (7) Recent participation period means (2) Qualifying period. An applicant for the sport fishing season established by a charter halibut permit that meets the International Pacific Halibut Com- the participation requirement for the mission (February 1 through December recent participation period but does 31) in 2008. not meet the participation requirement (g) Unavoidable circumstance. Un- for the qualifying period, may receive avoidable circumstance claims must be one or more permits if the applicant made pursuant to paragraph (h)(6) of proves paragraphs (g)(2)(i) through (iv) this section, and will be limited to per- of this section as follows: sons who would be excluded from the (i) The applicant had a specific intent charter halibut fishery entirely unless to operate a charter halibut fishing their unavoidable circumstance is rec- business in at least one year of the ognized. This unavoidable cir- qualifying period;

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(ii) The applicant’s specific intent will be based on the criteria in para- was thwarted by a circumstance that graph (g)(2)(v)(B) of this section. An- was: gler endorsements on all such charter (A) Unavoidable; halibut permits will be pursuant to (B) Unique to the owner of the char- paragraph (e)(2) of this section. ter halibut fishing business; and (h) Application for a charter halibut (C) Unforeseen and reasonably un- permit. (1) An application period of no foreseeable by the owner of the charter less than 60 days will be specified by halibut fishing business; notice in the FEDERAL REGISTER during (iii) The circumstance that prevented which any person may apply for a char- the applicant from operating a charter ter halibut permit. Any application halibut fishing business actually oc- that is submitted by mail and post- curred; and marked, or submitted by hand delivery (iv) The applicant took all reasonable or facsimile, after the last day of the steps to overcome the circumstance application period will be denied. Elec- that prevented the applicant from op- tronic submission other than by fac- erating a charter halibut fishing busi- simile will be denied. Applications ness in at least one year of the quali- must be submitted to the address given fying period. in the FEDERAL REGISTER notice of the (v) If the applicant proves the fore- application period. going (see paragraphs (g)(2)(i) through (2) Charter halibut permit. To be com- (iv) of this section), the applicant will plete, a charter halibut permit applica- receive either: tion must be signed and dated by the (A) One non-transferable permit with applicant, and the applicant must at- an angler endorsement of four (4); or test that, to the best of the applicant’s (B) The number of transferable and non-transferable permits, and the an- knowledge, all statements in the appli- gler endorsement on those permits, cation are true and the applicant com- that result from the logbook fishing plied with all legal requirements for trips that the applicant proves likely logbook fishing trips in the qualifying would have taken by the applicant but period and recent participation period for the circumstance that thwarted the that were reported under the appli- applicant’s specific intent to operate a cant’s ADF&G Business Owner Li- charter halibut fishing business in one censes. An application for a charter year of the qualifying period and the halibut permit will be made available applicant did not participate during by NMFS. Completed applications may the other year of the qualifying period. be submitted by mail, hand delivery, or (3) Military service. An applicant for a facsimile at any time during the appli- charter halibut permit that meets the cation period announced in the FED- participation requirement in the re- ERAL REGISTER notice of the applica- cent participation period, but does not tion period described at paragraph meet the participation requirement for (h)(1) of this section. the qualifying period, may receive one (3) Application procedure. NMFS will or more permits if the applicant proves create the official charter halibut the following: record and will accept all application (i) The applicant was ordered to re- claims that are consistent with the of- port for active duty military service as ficial charter halibut record. If an ap- a member of a branch of the U.S. mili- plicant’s claim is not consistent with tary, National Guard, or military re- the official charter halibut record, serve during the qualifying period; and NMFS will issue non-transferable in- (ii) The applicant had a specific interim permit(s) for all undisputed per- tent to operate a charter halibut fish- mit claims, and will respond to the ap- ing business that was thwarted by the plicant by letter specifying a 30-day applicant’s order to report for military evidentiary period during which the ap- service. plicant may provide additional infor- (iii) The number of transferable and mation or argument to support the ap- non-transferable charter halibut per- plicant’s claim for disputed permit(s). mit(s) that an applicant may receive Limits on the 30-day evidentiary period under paragraph (g)(3) of this section are as follows:

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(i) An applicant shall be limited to which are not in dispute, according to one 30-day evidentiary period; and the information in the official charter (ii) Additional information received halibut record. after the 30-day evidentiary period has (iii) If the applicant applies for a per- expired will not be considered for pur- mit within the specified application pe- poses of the initial administrative de- riod and OAA accepts the applicant’s termination. appeal, but according to the informa- (4) After NMFS evaluates the addition in the official charter halibut tional information submitted by the record, the applicant would not be applicant during the 30-day evidentiary issued any permits, the applicant will period, it will take one of the following receive one interim permit with an an- two actions. gler endorsement of four (4). (i) If NMFS determines that the ap- (iv) All interim permits will be non- plicant has met its burden of proving transferable and will expire when that the official charter halibut record NMFS takes final agency action on the is incorrect, NMFS will amend the offi- application. cial charter halibut record and use the (i) Transfer of a charter halibut per- official charter halibut record, as mit—(1) General. A transfer of a charter amended, to determine whether the ap- halibut permit is valid only if it is applicant is eligible to receive one or proved by NMFS. NMFS will approve a more charter halibut permits, the na- transfer of a charter halibut permit if ture of those permits and the angler the permit to be transferred is a trans- and area endorsements on those per- ferable permit issued under paragraph mits; or (d)(2) of this section, if a complete (ii) If NMFS determines that the ap- transfer application is submitted, and plicant has not met its burden of prov- if the transfer application meets the ing that the official charter halibut standards for approval in paragraph record is incorrect, NMFS will notify (i)(2) of this section. the applicant by an initial administra- (2) Standards for approval of transfers. tion determination, pursuant to para- NMFS will transfer a transferable graph (h)(5) of this section. charter halibut permit to a person des- (5) Initial Administration Determination ignated by the charter halibut permit (IAD). NMFS will send an IAD to the holder if, at the time of the transfer applicant following the expiration of the following standards are met: the 30-day evidentiary period if NMFS (i) The person designated to receive determines that the applicant has not the transferred permit is a U.S. citizen met its burden of proving that the offi- or a U.S. business with a minimum of cial charter halibut record is incorrect 75 percent U.S. ownership; or that other reasons exist to initially deny the application. The IAD will in- (ii) The parties to the transfer do not dicate the deficiencies in the applica- owe NMFS any fines, civil penalties or tion and the deficiencies with the in- any other payments; formation submitted by the applicant (iii) The transfer is not inconsistent in support of its claim. with any sanctions resulting from Fed- (6) Appeal. An applicant that receives eral fishing violations; an IAD may appeal to the Office of Ad- (iv) The transfer will not cause the ministrative Appeals (OAA) pursuant designated recipient of the permit to to 15 CFR part 906. exceed the permit limit at paragraph (i) If the applicant does not apply for (j) of this section, unless an exception a charter halibut permit within the ap- to that limit applies; plication period specified in the FED- (v) The GAF permit is not assigned ERAL REGISTER, the applicant will not to a charter halibut permit for which receive any interim permits pending the GAF account contains unharvested final agency action on the application. GAF, pursuant to § 300.65 (c)(5)(iii)(A)(3) (ii) If the applicant applies for a per- and (4); mit within the specified application pe- (vi) A transfer application is com- riod and OAA accepts the applicant’s pleted and approved by NMFS; and appeal, the applicant will receive the (vii) The transfer does not violate number and kind of interim permits any other provision in this part.

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(3) For purposes of paragraph (i)(2) of ‘‘affiliation for the purpose of defining this section, a U.S. business with a AFA entities’’ at § 679.2 of this title. minimum of 75 percent U.S. ownership (3) A permit will cease to be a valid means a corporation, partnership, asso- permit if the permit holder is: ciation, trust, joint venture, limited li- (i) An individual and the individual ability company, limited liability part- dies; or nership, or any other entity where at (ii) A non-individual (e.g., corpora- least 75 percent of the interest in such tion or partnership) and dissolves or entity, at each tier of ownership of changes as defined at paragraph (j)(5) such entity and in the aggregate, is of this section. owned and controlled by citizens of the (iii) A transferable permit may be United States. made valid by transfer to an eligible (4) Application to transfer a charter recipient. halibut permit. To be complete, a charter halibut permit transfer application (4) Exception for initial recipients of must have notarized and dated signa- permits. Notwithstanding the limita- tures of the applicants, and the appli- tion at paragraph (j)(1) of this section, cants must attest that, to the best of NMFS may issue more than five (5) the applicants’ knowledge, all state- charter halibut permits to an initial ments in the application are true. An recipient that meets the requirements application to transfer a charter hal- described in paragraphs (b), (d), and (e) ibut permit will be made available by of this section for more than five (5) NMFS. Completed transfer applica- charter halibut permits, subject to the tions may be submitted by mail or following limitations: hand delivery at any time to the ad- (i) This exception applies only to an dresses listed on the application. Elec- initial recipient as the recipient exists tronic or facsimile deliveries will not at the time that it is initially issued be accepted. the permits; (5) Denied transfer applications. If (ii) If an initial recipient of transfer- NMFS does not approve a charter hal- able permit(s) who is an individual ibut permit transfer application, NMFS dies, the individual’s successor-in-in- will inform the applicant of the basis terest may not hold more than five (5) for its disapproval. charter halibut permits; (6) Transfer due to court order, oper- (iii) If an initial recipient permit ation of law or as part of a security agree- holder that is a non-individual, such as ment. NMFS will transfer a charter hal- a corporation or a partnership, dis- ibut permit based on a court order, op- solves or changes, NMFS will consider eration of law or a security agreement, the new entity a new permit holder and if NMFS determines that a transfer ap- the new permit holder may not hold plication is complete and the transfer more than five (5) charter halibut per- will not violate an eligibility criterion mits. for transfers. (5) For purposes of this paragraph (j), (j) Charter halibut permit limitations— a ‘‘change’’ means: (1) General. A person may not own, hold, or control more than five (5) (i) For an individual, the individual charter halibut permits except as pro- has died, in which case NMFS must be vided by paragraph (j)(4) of this sec- notified within 30 days of the individ- tion. NMFS will not approve a transfer ual’s death; and application that would result in the ap- (ii) For a non-individual entity, the plicant that would receive the trans- same as defined at § 679.42(j)(4)(i) of this ferred permit holding more than five title, in which case the permit holder (5) charter halibut permits except as must notify NMFS within 15 days of provided by paragraph (j)(6) of this sec- the effective date of the change as re- tion. quired at § 679.42(j)(5) of this title. (2) Ten percent ownership criterion. In (6) Exception for transfer of permits. determining whether two or more per- Notwithstanding the limitation at sons are the same person for purposes paragraph (j)(1) of this section, NMFS of paragraph (j)(1) of this section, may approve a permit transfer applica- NMFS will apply the definition of an tion that would result in the person

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that would receive the transferred per- (i) A CQE representing an eligible mit(s) holding more than five (5) trans- community or communities in regu- ferable charter halibut permits if the latory area 2C may receive a maximum parties to the transfer meet the fol- of four (4) community charter halibut lowing conditions: permits per eligible community des- (i) The designated person that would ignated for Area 2C. receive the transferred permits does (ii) A CQE representing an eligible not hold any charter halibut permits; community or communities in regu- (ii) All permits that would be trans- latory area 3A may receive a maximum ferred are transferable permits; of seven (7) community charter halibut (iii) The permits that would be trans- permits per eligible community des- ferred are all of the transferable per- ignated for Area 3A. mits that were awarded to an initial (4) NMFS will not approve a transfer recipient who exceeded the permit lim- that will cause a CQE representing a itation of five (5) permits; and community or communities to hold more than the total number of permits (iv) The person transferring its per- described in paragraphs (k)(4)(i) and mits also is transferring its entire (k)(4)(ii) of this section, per commu- charter vessel fishing business, includ- nity, including community charter hal- ing all the assets of that business, to ibut permits granted to the CQE under the designated person that would re- this paragraph (k) and any charter hal- ceive the transferred permits. ibut permits acquired by the CQE by (k) Community charter halibut permit— transfer under paragraph (i) of this sec- (1) General. A Community Quota Entity tion. (CQE), as defined in § 679.2 of this title, (i) The maximum number of charter representing an eligible community halibut and community charter halibut listed in paragraph (k)(2) of this sec- permits that may be held by a CQE per tion, may receive one or more commu- community represented by the CQE in nity charter halibut permits. A com- regulatory area 2C is eight (8). munity charter halibut permit issued (ii) The maximum number of charter to a CQE will be designated for area 2C halibut and community charter halibut or area 3A, will be non-transferable, permits that may be held by a CQE per and will have an angler endorsement of community represented by the CQE in six (6). regulatory area 3A is fourteen (14). (2) Eligible communities. Each commu- (5) Limitation on use of permits. The nity charter halibut permit issued to a following limitations apply to commu- CQE under paragraph (k)(1) of this sec- nity charter halibut permits issued to tion will specify the name of an eligi- a CQE under paragraph (k)(1) of this ble community on the permit. Only the section. following communities are eligible to (i) Every charter vessel fishing trip receive community charter halibut authorized by such a permit and on permits: which halibut are caught and retained (i) For Area 2C: Angoon, Coffman must begin or end at a location(s) spec- Cove, Edna Bay, Game Creek, Hollis, ified on the application for a commu- Hoonah, Hydaburg, Kake, Kasaan, nity charter halibut permit and that is Klawock, Metlakatla, Meyers Chuck, within the boundaries of the eligible Naukati Bay, Pelican, Point Baker, community designated on the permit. Port Alexander, Port Protection, The geographic boundaries of the eligi- Tenakee, Thorne Bay, Whale Pass. ble community will be those defined by (ii) For Area 3A: Akhiok, Chenega the United States Census Bureau. Bay, Halibut Cove, Karluk, Larsen (ii) Community charter halibut per- Bay, Nanwalek, Old Harbor, Ouzinkie, mits may be used only within the regu- Port Graham, Port Lyons, Seldovia, latory area for which they are des- Tatitlek, Tyonek, Yakutat. ignated to catch and retain halibut. (3) Limitations. The maximum number (6) Application procedure. To be com- of community charter halibut permits plete, a community charter halibut that may be issued to a CQE for each permit application must be signed and eligible community the CQE represents dated by the applicant, and the appli- is as follows: cant must attest that, to the best of

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the applicants’ knowledge, all state- area (2C or 3A) designated on the per- ments in the application are true and mit. complete. An application for a commu- (2) Application procedure. An appli- nity charter halibut permit will be cant may apply for a military charter made available by NMFS and may be halibut permit at any time. To be com- submitted by mail, hand delivery, or plete, a military charter halibut per- facsimile at any time to the address(s) mit application must be signed and listed on the application. Electronic dated by the applicant, and the appli- deliveries other than facsimile will not cant must attest that, to the best of be accepted. the applicants’ knowledge, all state- (7) An annual report on the use of ments in the application are true and charter halibut permits must be sub- complete. An application for a military mitted by the CQE as required at charter halibut permit will be made § 679.5(t) of this title. available by NMFS and may be sub- (l) Military charter halibut permit. NMFS will issue a military charter mitted by mail, hand delivery, or fac- halibut permit without an angler en- simile at any time to the address(s) dorsement to an applicant provided listed on the application. Electronic that the applicant is a Morale, Welfare deliveries other than facsimile will not and Recreation Program of the United be accepted. States Armed Services. [75 FR 600, Jan. 5, 2010, as amended at 75 FR (1) Limitations. A military charter 56909, Sept. 17, 2010; 78 FR 33650, June 4, 2013; halibut permit is non-transferable and 78 FR 75890, Dec. 12, 2013; 80 FR 35207, June may be used only in the regulatory 19, 2015; 84 FR 64026, Nov. 20, 2019]

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—SOUTHERN SOUTHEAST ALASKA RURAL AND NON-RURAL AREAS

[74 FR 57110, Nov. 4, 2009]

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FIGURE 3 TO SUBPART E OF PART 300—NORTHERN SOUTHEAST ALASKA RURAL AND NON-RURAL AREAS

[74 FR 57110, Nov. 4, 2009]

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FIGURE 4 TO SUBPART E OF PART 300—PRINCE WILLIAM SOUND RURAL AND NON- RURAL AREAS

[74 FR 57110, Nov. 4, 2009]

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FIGURE 5 TO SUBPART E OF PART 300—ANCHORAGE, MATANUSKA-SUSITNA, AND KENAI RURAL AND NON-RURAL AREAS

[74 FR 57110, Nov. 4, 2009]

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FIGURE 6 TO SUBPART E OF PART 300—ALASKA PENINSULA AND ALEUTIAN ISLANDS RURAL AND NON-RURAL AREAS

[74 FR 57110, Nov. 4, 2009]

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FIGURE 7 TO SUBPART E OF PART 300—WESTERN AND CENTRAL ALASKA RURAL AND NON-RURAL AREAS

[74 FR 57110, Nov. 4, 2009]

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TABLE 1 TO SUBPART E OF PART 300— DETERMINATION OF COMMISSION REGULATORY AREA 2C ANNUAL COMMERCIAL ALLOCATION FROM THE ANNUAL COMBINED CATCH LIMIT FOR HALIBUT

If the area 2C annual combined catch limit (CCL) in net pounds is: then the area 2C annual commercial allocation is:

<5,000,000 lb ...... 81.7% of the Area 2C CCL. ≥5,000,000 and ≤5,755,000 lb ...... the Area 2C CCL minus a fixed 915,000-lb allocation to the charter halibut fishery. >5,755,000 lb ...... 84.1% of the Area 2C CCL.

[78 FR 75890, Dec. 12, 2013]

TABLE 2 TO SUBPART E OF PART 300—DETERMINATION OF COMMISSION REGULATORY AREA 3A ANNUAL COMMERCIAL ALLOCATION FROM THE ANNUAL COMBINED CATCH LIMIT FOR HALIBUT

If the area 3A annual combined catch limit (CCL) in net pounds is: then the area 3A annual commercial allocation is:

<10,000,000 lb ...... 81.1% of the Area 3A CCL. ≥10,000,000 and ≤10,800,000 lb ...... the Area 3A CCL minus a fixed 1,890,000-lb allocation to the charter halibut fishery. >10,800,000 and ≤20,000,000 lb ...... 82.5% of the Area 3A CCL. >20,000,000 and ≤25,000,000 lb ...... the Area 3A CCL minus a fixed 3,500,000-lb allocation to the charter halibut fishery. >25,000,000 lb ...... 86.0% of the Area 3A CCL.

[78 FR 75890, Dec. 12, 2013]

TABLE 3 TO SUBPART E OF PART 300—DETERMINATION OF COMMISSION REGULATORY AREA 2C ANNUAL CHARTER HALIBUT ALLOCATION FROM THE ANNUAL COMBINED CATCH LIMIT

If the area 2C annual combined catch limit for halibut in net pounds is: then the area 2C annual charter allocation is:

<5,000,000 lb ...... 18.3% of the Area 2C CCL. ≥5,000,000 and ≤5,755,000 lb ...... 915,000 lb. >5,755,000 lb ...... 15.9% of the Area 2C CCL.

[78 FR 75890, Dec. 12, 2013]

TABLE 4 TO SUBPART E OF PART 300—DETERMINATION OF COMMISSION REGULATORY AREA 3A ANNUAL CHARTER HALIBUT ALLOCATION FROM THE ANNUAL COMBINED CATCH LIMIT

If the area 3A annual combined catch limit (CCL) for halibut in net pounds is: then the area 3A annual charter allocation is:

<10,000,000 lb ...... 18.9% of the Area 3A annual combined catch limit. ≥10,000,000 and ≤10,800,000 lb ...... 1,890,000 lb. >10,800,000 and ≤20,000,000 lb ...... 17.5% of the Area 3A annual combined catch limit. >20,000,000 and ≤25,000,000 lb ...... 3,500,000 lb. >25,000,000 lb ...... 14.0% of the Area 3A annual combined catch limit.

[78 FR 75890, Dec. 12, 2013]

Subpart F—Fraser River Sockeye § 300.90 Purpose and scope. and Pink Salmon Fisheries This subpart implements the Pacific Salmon Treaty Act of 1985 (16 U.S.C. AUTHORITY: Pacific Salmon Treaty Act, 16 3631–3644) (Act) and is intended to sup- U.S.C. 3636(b). plement, not conflict with, the fishery

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regimes and Fraser River Panel regula- tween two anchored boats fashioned in tions adopted under the Treaty be- such a manner that to impound salmon tween the Government of the United passing over the net, the net must be States of America and the Government raised to the surface. of Canada Concerning Pacific Salmon, (4) Troll fishing gear means one or signed at Ottawa, January 28, 1985 more lines that drag hooks with bait or (Treaty). lures behind a moving fishing vessel. (5) Treaty Indian fishing gear means § 300.91 Definitions. fishing gear defined authorized, and In addition to the terms defined in identified under treaty Indian tribal § 300.2 and those in the Act and the laws and regulations in accordance Treaty, the terms used in this subpart with the requirements of Final Deci- have the following meanings. If a term sion No. 1 and subsequent orders in is defined differently in § 300.2, the Act, United States v. Washington, 384 F. or the Treaty, the definition in this Supp. 312 (W.D. Wash., 1974). section shall apply. Fraser River Panel means the Fraser All-citizen means any person who is River Panel established by the Pacific not a treaty Indian fishing in that Salmon Treaty. treaty Indian’s tribal treaty fishing Fraser River Panel Area (U.S.) means places pursuant to treaty Indian tribal the United States’ portion of the Fra- fishing regulations (whether in compli- ser River Panel Area specified in Annex ance with such regulations or not). II of the Treaty as follows: Authorized officer means, in addition (1) The territorial water and the high to those individuals identified under seas westward from the western coast authorized officer at § 300.2, any state, of Canada and the United States of Federal, or other officer as may be au- America and from a direct line drawn thorized by the Secretary in writing, from Bonilla Point, Vancouver Island, including any treaty Indian tribal en- to the lighthouse of Tatoosh Island, forcement officer authorized to enforce Washington—which line marks the en- tribal fishing regulations. trance of Juan de Fuca Strait—and em- Commission means the Pacific Salmon braced between 48° and 49° N. lat., ex- Commission established by the Pacific cepting therefrom, however, all the wa- Salmon Treaty. ters of Barkley Sound, eastward of a 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

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following the shoreline of the mainland Decision No. 1 and subsequent orders in to Atkinson Point at the northerly en- United States v. Washington, 384 F. trance to Burrard Inlet, British Colum- Supp. 312 (W.D. Wash. 1974), to be bia, thence in a straight line to the places at which that treaty Indian southern end of Bowen Island, then tribe may take fish under rights se- westerly following the southern shore cured by treaty with the United States. of Bowen Island to Cape Roger Curtis, Treaty Indian means any member of a thence in a straight line to Gower treaty Indian tribe whose treaty fish- Point, thence westerly following the ing place is in the Fraser River Panel shoreline to Welcome Point on Sechelt Area (U.S.) or any assistant to a treaty Peninsula, thence in a straight line to Indian authorized to assist in accord- Point Young on Lasqueti Island, ance with § 300.95(d). thence in a straight line to Dorcas Treaty Indian tribe means any of the Point on Vancouver Island, thence fol- federally recognized Indian tribes of lowing the eastern and southern shores the State of Washington having fishing of the said Vancouver Island, to the rights secured by treaty with the starting point at Bonilla Point, as United States to fish for salmon stocks shown on the British Admiralty Chart subject to the Pacific Salmon Treaty Number 579, and on the U.S. Coast and in treaty fishing places within the Fra- Geodetic Survey Chart Number 6300, as ser River Panel Area (U.S.). Currently corrected to March 14, 1930, copies of these tribes are the Makah, Tribe, which are annexed to the 1930 Conven- Lower Elwha Klallam Tribe, Port Gam- tion between Canada and the United ble Klallam Tribe, Jamestown Klallam States of America for Protection, Pres- Tribe, Suquamish Tribe, Lummi Tribe, ervation, and Extension of the Sockeye Nooksack Tribe, the Swinomish Indian Salmon Fishery in the Fraser River Tribal Community, and the Tulalip System as amended, signed May 26, Tribe. 1930. [Note: U.S. Coast and Geodetic Survey Chart Number 6300 has been re- § 300.92 Relation to other laws. placed and updated by NOAA Chart Number 18400.] (a) Insofar as they are consistent (3) The Fraser River and the streams with this part, any other applicable and lakes tributary thereto. Federal law or regulation, or any appli- (4) The Fraser River Panel Area cable law and regulations of the State (U.S.) includes Puget Sound Manage- of Washington or of a treaty Indian ment and Catch Reporting Areas 4B, 5, tribe with treaty fishing rights in the 6, 6A, 6B, 6C, 6D, 7, 7A, 7B, 7C, 7D, and Fraser River Panel Area (U.S.) will 7E as defined in the Washington State continue to have force and effect in the Administrative Code at Chapter 220–22 Fraser River Panel Area (U.S.) with re- as of June 27, 1986. spect to fishing activities addressed Fraser River Panel regulations means herein. regulations applicable to the Fraser (b) Any person fishing subject to this River Panel Area that are rec- subpart is bound by the international ommended by the Commission (on the boundaries now recognized by the basis of proposals made by the Fraser United States within the Fraser River River Panel) and approved by the Sec- Panel Area (U.S.) described in § 300.91, retary of State. notwithstanding any dispute or nego- Mesh size means the distance between tiation between the United States and the inside of one knot to the outside of Canada regarding their respective ju- the opposite (vertical) knot in one risdictions, until such time as different mesh of a net. boundaries are published by the United Pink salmon means Oncorhynchus States. gorbuscha. (c) Any person fishing in the Fraser Sockeye salmon means the anad- River Panel Area (U.S.) who also fishes romous form of Oncorhynchus nerka. for groundfish in the EEZ should con- Treaty fishing places (of an Indian sult Federal regulations at part 663 of tribe) means locations within the Fra- this title for applicable requirements, ser River Panel Area (U.S.) as deter- including the requirement that vessels mined in or in accordance with Final engaged in commercial fishing for

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groundfish (except commercial pas- States, the State of Washington, or senger vessels) have vessel identifica- any treaty Indian tribe, which are also tion in accordance with § 663.6. Federal consistent with domestic legal obliga- regulations governing salmon fishing tions. in the EEZ, which includes a portion of (2) It is unlawful for any person or the Fraser River Panel Area (U.S.), are fishing vessel subject to the jurisdic- at part 661 of this title. Annual regu- tion of the United States to fish for, or latory modifications are published in take and retain, any sockeye or pink the FEDERAL REGISTER. salmon: (d) Except as otherwise provided in (i) Except during times or in areas this subpart, general provisions gov- that are opened by Fraser River Panel erning off-reservation fishing by treaty regulations or by inseason order, ex- Indians are found at 25 CFR part 249, cept that this provision will not pro- subpart A. Additional general and spe- hibit the direct transport of legally cific provisions governing treaty In- caught sockeye or pink salmon to off- dian fisheries are found in regulations loading areas. and laws promulgated by each treaty (ii) By means of gear or methods not Indian tribe for fishermen fishing pur- authorized by Fraser River Panel regu- suant to tribal authorization. lations, inseason orders, or other appli- (e) Nothing in this subpart relieves a cable Federal, state, or treaty Indian person from any other applicable re- tribal law. quirements lawfully imposed by the (iii) In violation of any applicable United States, the State of Wash- area, season, species, zone, gear, or ington, or a treaty Indian tribe. mesh size restriction. (b) It is unlawful for any person or § 300.93 Reporting requirements. fishing vessel subject to the jurisdic- Any person fishing for sockeye or tion of the United States to— pink salmon within the Fraser River (1) Remove the head of any sockeye Panel Area (U.S.) and any person re- or pink salmon caught in the Fraser ceiving or purchasing fish caught by River Panel Area (U.S.), or possess a such persons are subject to State of salmon with the head removed, if that Washington reporting requirements at salmon has been marked by removal of Washington Administrative Code, the adipose fin to indicate that a coded 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.).

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(d) The following types of fishing her possession at all such times a valid gear are authorized, subject to the re- identification card issued by the Bu- strictions set forth in this subpart and reau of Indian Affairs or by a treaty In- according to the times and areas estab- dian tribe, identifying the holder as a lished by Fraser River Panel regula- person qualified to assist a treaty In- tions or inseason orders of the Sec- dian. The identification card must in- retary: clude the name of the issuing tribe, the (1) All citizens: Gill net, purse seine, name, address, date of birth, and pho- reef net, and troll fishing gear. Specific tograph of the assistant, and the name restrictions on all citizens gear are and identification number of the treaty contained in the Washington State Ad- Indian whom the assistant is author- ministrative Code of Chapter 220–47. ized to assist. (2) Treaty Indians: Treaty Indian (3) Identification described in para- fishing gear. graph (c) (1) or (2) of this section must (e) Geographic descriptions of Puget be shown on demand to an authorized Sound Salmon Management and Catch officer by the treaty Indian or author- Reporting Areas, which are referenced ized assistant. in the Commission’s regimes, Fraser (4) Any treaty Indian fishing under River Panel regulations, and in this subpart must comply with the inseason orders of the Secretary, are treaty Indian vessel and gear identi- found in the Washington State Admin- fication requirements of Final Decision istrative Code at Chapter 220–22. No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 § 300.95 Treaty Indian fisheries. (W.D. Wash., 1974). (a) Any treaty Indian must comply (d) Fishing assistance. (1) Any member with this section when fishing for sock- of a treaty Indian tribe fishing under eye and pink salmon at the treaty In- this subpart may, if authorized by the dian tribe’s treaty fishing places in the treaty Indian’s tribe, receive fishing Fraser River Panel Area (U.S.) during assistance from, and only from, the the time the Commission or the Sec- treaty Indian tribal member’s spouse, retary exercises jurisdiction over these forebears, children, grandchildren, and fisheries. Fishing by a treaty Indian siblings, as authorized by the U.S. Dis- outside the applicable Indian tribe’s trict Court for the Western District of 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

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aboard the fishing vessel or in contact radio and television stations and news- with fishing gear operated from the papers in the Fraser River Panel Area fishing vessel, unless such persons are (U.S.). authorized employees or officers of a (4) Inseason orders of the Secretary treaty Indian tribe or tribal fisheries will also be published in the FEDERAL management organization, the North- REGISTER as soon as practicable after west Indian Fisheries Commission, the they are issued. Commission, or a fisheries management agency of the United States or [61 FR 35550, July 5, 1996, as amended at 74 the State of Washington. FR 44771, Aug. 31, 2009] § 300.96 Penalties. Subpart G—Antarctic Marine Any treaty Indian who commits any Living Resources act that is unlawful under this subpart normally will be referred to the appli- AUTHORITY: 16 U.S.C. 2431 et seq., 31 U.S.C. cable tribe for prosecution and punish- 9701 et seq. ment. If such tribe fails to prosecute such persons in a diligent manner for SOURCE: 82 FR 6223, Jan. 19, 2017, unless the offense(s) referred to the tribe, or if otherwise noted. other good cause exists, such treaty In- § 300.100 Purpose and scope. dian may be subject to the penalties and procedures described in the Magnu- (a) This subpart implements the Ant- son-Stevens Act. arctic Marine Living Resources Con- vention Act of 1984 (AMLRCA or Act), § 300.97 Inseason orders. 16 U.S.C. 2431 et seq. (a) During the fishing season, the (b) This subpart regulates— Secretary may issue orders that estab- (1) The harvesting of Antarctic ma- lish fishing times and areas consistent rine living resources and other associ- with the annual Commission regime ated activities by any person subject to and inseason orders of the Fraser River the jurisdiction of the United States or Panel. Inseason orders will be con- by any vessel of the United States. sistent with domestic legal obligations. (2) The import, export, and re-export Violation of such inseason orders is into the United States of any Antarctic violation of this subpart. marine living resource. (b) Notice of inseason orders. (1) Offi- cial notice of such inseason orders is § 300.101 Definitions. available from NMFS (for orders appli- In addition to the terms defined in cable to all-citizen fisheries) and from § 300.2, in the Act, and in the Conven- the Northwest Indian Fisheries Com- tion on the Conservation of Antarctic mission (for orders applicable to treaty Marine Living Resources, done at Can- Indian fisheries) through Area Code 206 berra, Australia, May 7, 1980 (Conven- toll-free telephone hotlines. All-citizen tion) the terms used in this subpart fisheries: the hotline telephone number have the following meanings for pur- is published in the inseason notice pro- poses of this subpart. If a term is de- cedures section of the annual manage- fined differently in § 300.2, than in the ment measures for West Coast Salmon Act, or Convention, the definition in Fisheries, published in the FEDERAL this section shall apply. REGISTER; Treaty Indian fisheries hotline: 1–800–562–6142. ACA means the Antarctic Conserva- (2) Notice of inseason orders of the tion Act of 1978 (16 U.S.C. 2401, et seq.). Secretary and other applicable tribal Annual or biennial measure means a regulations may be published and re- conservation measure that: leased according to tribal procedures in (1) Applies to the operation of the accordance with Final Decision No. 1 Convention’s commercial or explor- and subsequent orders in United States atory fisheries such as gear, catch, and v. Washington, 384 F. Supp. 312 (W.D. effort restrictions and time and area Wash., 1974). closures; (3) Inseason orders may also be com- (2) Generally expires after one or two municated through news releases to fishing season(s); and

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(3) Does not require the development information relating to the export of of policy options or a regulatory frame- Dissostichus spp. work. Dissostichus re-export document Antarctic convergence means a line (DRED) is a document generated joining the following points along the through CCAMLR’s electronic CDS, parallels of latitude and meridians of containing information relating to the longitude: re-export of Dissostichus spp. Dissostichus species or Dissostichus spp. Lat. Long. means Patagonian toothfish and Ant- 50° S ...... 0. arctic toothfish, and any parts or prod- 50° S ...... 30° E. ucts therefrom. 45° S ...... 30° E. Enhanced mobile transceiver unit or 45° S ...... 80° E. EMTU means a transceiver or commu- ° ° 55 S ...... 80 E. nication device, including all hardware 55° S ...... 150° E. 60° S ...... 150° E. and software, carried and operated on a 60° S ...... 50° W. vessel as part of a vessel monitoring 50° S ...... 50° W. system. 50° S ...... 0. Export means any movement of fish or fish product from a territory under Antarctic marine living resources or the control of the State or free trade AMLR(s) means: zone of landing, or, where that State or (1) The populations of finfish, mol- free trade zone forms part of a customs lusks, crustaceans, and all other spe- union, any other Member State of that cies of living organisms, including customs union. birds, found south of the Antarctic First receiver means the person who Convergence; first receives AMLRs landed from a (2) All parts or products of those pop- vessel licensed under 50 CFR 300.107 at ulations and species set forth in para- a U.S. port. graph (1) of this definition. Fish means finfish, mollusks, and Centralized Vessel Monitoring System crustaceans. (C–VMS) means the system operated by Fishery means: the Secretariat of CCAMLR that re- (1) One or more stocks of fish that ceives reports of positional and other are treated as a unit for purposes of information from satellite-linked mo- conservation and management and bile transceiver units located on ves- that are identified on the basis of geo- sels that are submitted to the graphical, scientific, technical, rec- CCAMLR Secretariat, either directly reational, and economic characteris- from the vessel or through the relevant tics. flag State. (2) Any fishing for such stocks. Commission or CCAMLR means the Harvesting vessel means any vessel of Commission for the Conservation of the United States (including any boat, Antarctic Marine Living Resources es- ship, or other craft), that is used for, tablished under Article VII of the Con- equipped to be used for, or of a type vention. that is normally used for harvesting. Convention Area means all waters Import means the physical entering south of the Antarctic Convergence. or bringing of a fish or fish product Dealer means a person who imports into any part of the geographical terri- AMLRs into, or exports or re-exports tory under the control of a State, ex- AMLRs from, the United States. cept where the catch is landed or trans- Dissostichus catch document (DCD) is a shipped within the definitions of land- document generated through ing or transshipment. CCAMLR’s electronic catch docu- Individual permit means a National mentation scheme (CDS), containing Science Foundation (NSF) permit information relating to the harvest, issued under 45 CFR part 670; or an landing, and transshipment of NSF award letter (demonstrating that Dissostichus species. the individual has received an award Dissostichus export document (DED) is from NSF to do research in the Ant- a document generated through the arctic); or a marine mammal permit CCAMLR’s electronic CDS, containing issued under § 216.31 of this chapter; or

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an endangered species permit issued trade zone, or any Member State of under § 222.21 of this chapter. that customs union is the first place of Inspection vessel means a vessel car- landing, in which case the movement is rying a CCAMLR inspector and dis- an export within the definition of ex- playing the pennant approved by port. CCAMLR to identify such vessel. Seal excluder device means a barrier International observer means a sci- within the body of a trawl comprised of entific observer operating in accord- a metal frame, nylon mesh, or any ma- ance with the CCAMLR Scheme of terial that results in an obstruction to International Scientific Observation seals between the mouth opening and and the terms of a bilateral arrange- the cod end of the trawl. The body of ment concluded between the United the trawl net forward of the barrier States and another member of must include an escape opening CCAMLR for the placement of a U.S. through which seals entering the trawl national onboard a vessel flagged by can escape. another member of CCAMLR or for the Specially Validated Dissostichus Catch placement of the national of another Document (SVDCD) means a member of CCAMLR onboard a vessel Dissostichus catch document that has of the United States. been specially issued by a State to ac- Land or Landing means to begin off- company seized or confiscated loading any fish, to arrive in port with Dissostichus spp. offered for sale or oth- the intention of offloading any fish, or erwise disposed of by the State. to cause any fish to be offloaded. How- Transship or transshipment means the ever, for purposes of catch documenta- transfer of fish or fish products, other tion as provided for in § 300.106, land or AMLRs, or any other goods or mate- landing means the initial unloading or rials directly from one vessel to an- transfer of Dissostichus spp. in any form other. However, for purposes of catch from a vessel to dockside even if such documentation as provided for in fish are subsequently transferred to a § 300.106, transship or transshipment container or to another vessel in a port or free trade zone. means the transfer of Dissostichus spp. National observer means a U.S. na- that has not been previously landed, tional placed and operating onboard a from one vessel directly to another, ei- vessel of the United States as a sci- ther at sea or in port. entific observer in accordance with Vessel Monitoring System (VMS) means § 300.111. a system that uses satellite-linked National Seafood Inspection Laboratory EMTUs installed on vessels to allow a means the NMFS laboratory located at flag State or other entity to receive 3209 Frederic Street, Pascagoula, MS automatic transmission of positional 39567, telephone (228) 769–8964, email and other information related to vessel [email protected]. activity. Office of Law Enforcement (OLE) refers to the NOAA Office of Law En- § 300.102 Relationship to other trea- forcement. ties, conventions, laws, and regulations. Port-to-port means from the time the vessel leaves port to the time that the (a) Other conventions and treaties to vessel returns to port and at all points which the United States is a party and in between. other Federal statutes and imple- Real-time means as soon as possible, menting regulations may impose addi- but at least every hour with no more tional restrictions on the harvesting than a 1-hour delay. and importation into the United States Recreational fishing means fishing of AMLRs. with hook and line for personal use and (b) The ACA implements the Ant- not for sale. arctic Treaty Agreed Measures for the Re-export means any movement of a Conservation of Antarctic Fauna and fish or fish product from a territory Flora (12 U.S.T. 794). The ACA and its under the control of a State, free trade implementing regulations (45 CFR part zone, or Member State of a customs 670) apply to certain defined activities union of import unless that State, free of U.S. citizens south of 60° S. lat.

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(c) The Marine Mammal Protection (e) Annual or biennial measures. Act of 1972 (16 U.S.C. 1361 et seq.), the NMFS may implement annual or bien- Endangered Species Act of 1973 (16 nial measures adopted by CCAMLR as U.S.C. 1531 et seq.), the Migratory Bird conditions to vessel permits issued Treaty Act (16 U.S.C. 701 et seq.), and under section 300.107, instead of their implementing regulations also through rulemaking. apply to the harvesting and importation of AMLRs. § 300.103 Scientific research. (d) Rule making exceptions. When (a) This section applies to any per- implementing conservation measures son, using a vessel for research pur- adopted and notified by CCAMLR, poses, who intends to catch more than NMFS may apply the following excep- 1 tonne of finfish or krill or use gear tions to Administrative Procedure Act other than longline, trawl, or pot to (APA) rulemaking requirements at 5 catch Dissostichus spp. U.S.C. 553(b)–(d): (b) Any person planning to use a ves- (1) The foreign affairs function excep- sel for research purposes, when the es- tion of the APA, 5 U.S.C. 553(a)(1); or timated research catch is expected to be less than 50 tonnes of finfish in a (2) The exception under subsection season, and no more than the amounts 307(b) of AMLRCA, 16 U.S.C. 2436(b), specified in Table 1, must notify the that provides that, notwithstanding 5 Assistant Administrator at least 2 U.S.C. 553(b)–(d), NMFS may publish in months in advance of the planned re- the FEDERAL REGISTER a final regula- search using the CCAMLR Format for tion to implement any CCAMLR-adopt- Notification of Research Vessel Activ- ed conservation measure— ity, Format 1. A copy of the format is (i) That has been in effect for 12 available from NMFS Headquarters. months or less, beginning on the date The format requires: that the Commission notifies the (1) Name and registration number of United States of the conservation vessel; measure under Article IX of the Con- (2) Division and subarea in which re- vention; and search is to be carried out; (ii) With respect to which the Sec- (3) Estimated dates of entering and retary of State does not notify the leaving the Convention Area; Commission in accordance with section (4) Purposes of research; and 305(a)(1) of AMLRCA within the time (5) Fishing equipment to be used period allotted for objections under Ar- (bottom trawl, midwater trawl, ticle IX of the Convention. longline, crab pots, other).

TABLE 1—TAXA-SPECIFIC THRESHOLDS FOR NOTIFICATION OF RESEARCH VESSEL ACTIVITY

Taxon Gear type Expected catch

Thresholds for finfish taxa: Dissostichus spp ...... Longline ...... 5 tonnes. Trawl ...... 5 tonnes. Pot ...... 5 tonnes. Other ...... 0 tonnes. Champsocephalus gunnari ...... All ...... 10 tonnes. Thresholds for non-finfish taxa: Krill ...... All ...... 0.1 percent of the catch limit for a given area. Squid. Crabs.

(c) Any person planning to use any Notification of Research Vessel Activ- vessel for research purposes, when the ity. The format must be submitted to estimated research catch is expected to Assistant Administrator at least 7 be more than 50 tonnes or greater than months in advance of the planned start the amounts specified in Table 1 must date for the research. A copy of the for- report the details of the research plan mat is available from NMFS Head- to NMFS using CCAMLR Format 2 for quarters. The format requires:

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(1) Description of the main objective of entry of Dissostichus spp. into the of the research; United States, NMFS will only accept (2) Description of the fishery oper- electronic CDS documents described in ations; § 300.106. (3) Description of the survey design, (3) Imports of fresh or frozen data collection, and analysis; Dissostichus spp. accompanied by an (4) Proposed catch limit; SVDCD are prohibited. (5) Description of the research capa- (b) International Fisheries Trade Per- bility; and mit. A person intending to import, ex- (6) Description of the reporting for port, or re-export AMLR must possess evaluation and review. a valid IFTP issued under § 300.322 and (d) Where the expected catch is more file required data sets electronically than 50 tonnes of fish or greater than with Customs and Border Protection the amounts specified in Table 1, the (CBP) at the time, or in advance, of im- planned fishing for research purposes portation, exportation or re-expor- shall not proceed until the Assistant tation. ‘‘Required data set’’ has the Administrator authorizes the person in same meaning as § 300.321 (see defini- writing that he or she may proceed. tion of ‘‘Documentation and data sets Such authorization may be provided required’’). See § 300.322 for IFTP appli- after completion of review of the sci- cation procedures and permit regula- entific research plan by the CCAMLR tions. The IFTP holder may only con- Scientific Committee and Commission. duct those specific activities stipulated (e) A summary of the results of any by the IFTP. research subject to these provisions (c) AMLR First Receiver Permits—(1) must be provided to the Assistant Ad- General. First receivers of AMLR catch ministrator within 150 days of the com- landed from a vessel permitted under pletion of the research and a full report § 300.107 at a U.S. port of landing must must be provided within 11 months. possess an AMLR first receiver permit (f) Catch, effort, and biological data and may only conduct those activities resulting from the research must be re- described in the permit. A person ported using the reporting format for issued, or required to have been issued research vessels in accordance with rel- a first receiver permit under this sub- evant conservation measures, with a part may only receive fish from a U.S. copy to NMFS Headquarters. vessel that has a valid vessel permit § 300.104 International Fisheries Trade issued under § 300.107 as well as a valid Permits and AMLR first receiver High Seas Fishing Permit issued under permits. 50 CFR part 300, subpart R. (a) General. (1) A person may import, (2) Application. Applications for the export, or re-export AMLR into the AMLR first receiver permit are avail- United States only under a NMFS- able from NMFS Headquarters. issued International Fisheries Trade (3) Issuance. NMFS may issue an Permit (IFTP). For AMLRs to be re- AMLR first receiver permit if the per- leased for entry into the United States, mit application is complete and NMFS the product must be accompanied by a determines that the activity proposed vessel permit, individual permit, by the first receiver meets the require- AMLR first receiver permit, or IFTP. ments of the Act. First receivers of (2) All shipments of Dissostichus spp. AMLR required to have a first receiver must also be accompanied by accurate, permit may only receive AMLR that complete and valid CDS documentation were harvested in a manner consistent (including all required validations and with CCAMLR conservation measures DEDs/DREDs) as described in § 300.106, and this subpart. and, in the case of shipments of frozen (4) Duration. Unless revoked or sus- Dissostichus species, a preapproval cer- pended, an AMLR first receiver permit tificate issued under § 300.105, as well as is valid from its date of issuance to its verifiable information that the har- date of expiration. vesting vessel was reporting to C–VMS (5) Prohibition on transfer or assign- from port-to-port, regardless of where ment. AMLR first receiver permits are the fish were harvested. For purposes valid only for the person to whom

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NMFS issued the permit and may not § 300.105 Preapproval for importation be transferred or assigned. of frozen Dissostichus species. (6) Changes in information submitted by (a) A NMFS-issued preapproval cer- permit applicants or permit holders: tificate is required to import each ship- (i) Changes in pending applications. ment of frozen Dissostichus species. Applicants for an AMLR first receiver (b) Application. Application forms for permit must report any change in the a preapproval certificate are available information contained in the applica- from NMFS Headquarters and the Na- tion to the Assistant Administrator in tional Seafood Inspection Laboratory. writing as soon as possible. With the exception of the U.S. Customs (ii) Changes occurring after permit 7501 entry number, a complete and ac- issuance. An AMLR first receiver per- curate application must be received by mit holder must report any change to NMFS for each preapproval certificate information previously submitted to at least 10 working days before the an- the Assistant Administrator in writing ticipated date of the importation. within 15 days of the change. Based on Dealers must supply the U.S. Customs such information, the Assistant Ad- 7501 entry number at least three work- ministrator may revise the permit ef- ing days prior to the expected arrival fective upon notification to the permit of a shipment of frozen Dissostichus spe- holder. cies at a U.S. port. (7) Fees. NMFS may charge a fee to (c) Fees. A person must include the recover the administrative expenses of processing fee with each preapproval permit issuance. NMFS will determine certificate application. NMFS will de- the fee in accordance with the proce- termine the fee under the NOAA fi- dures in the NOAA finance handbook, nance handbook procedures for calcu- available from NMFS, for calculating lating administrative costs of special administrative costs of special prod- products and services and user fees col- ucts and services. lected for administrative expenses as- (8) Reporting and recordkeeping re- sociated with processing applications quirements. First receivers of AMLRs for preapproval certificates. who have been issued, or are required (d) Issuance. NMFS may issue a to have, a first receiver permit under preapproval certificate for importation this subpart must: of a shipment of frozen Dissostichus spe- (i) Accurately maintain all reports cies if the preapproval application form and records required by their first re- is complete and NMFS determines that ceiver permit and this subpart at their the activity proposed by the applicant place of business; meets the requirements of the Act and (ii) Maintain the original permit at that the resources were not harvested their place of business; in violation of any CCAMLR conserva- (iii) Make their permit, and all re- tion measure or in violation of any reg- quired reports and records, available ulation in this subpart. No preapproval for inspection upon the request of an will be issued for Dissostichus species authorized officer; and without verifiable documentation that (iv) Within the time specified in the the harvesting vessel reported to C– permit, submit a copy of such reports VMS continuously and in real-time and records to NMFS at an address des- from port-to-port, regardless of where ignated by NMFS. such Dissostichus species were har- (d) Revision, suspension, or revocation. vested. NMFS may revise, suspend, or revoke (e) Duration. A preapproval certifi- an IFTP, or first receiver permit, cate is valid until the Dissostichus issued under this section based upon a product specified in the preapproval violation of the permit, the Act, or this application is imported. subpart. (f) Transfer. A person may not trans- (e) A person may not import a ma- fer or assign a preapproval certificate. rine mammal into the United States (g) Changes in information. (1) For unless authorized and accompanied by pending preapproval certificates, appli- an import permit issued under the Ma- cants must report in writing to NMFS rine Mammal Protection Act and/or any changes in the information sub- the Endangered Species Act. mitted in their preapproval certificate

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applications. NMFS may extend the of Dissostichus species as required in processing period for the application as this section. necessary to review and consider any (2) No shipment of Dissostichus spe- changes. cies shall be released for entry into the (2) Issued preapprovals. For issued United States unless accompanied by preapproval certificates, the certificate an accurate, complete, valid and vali- holder must report in writing to NMFS dated CCAMLR CDS document. any changes to information included in (3) Dissostichus species shall not be the preapproval certificate application. released for entry into the United Any changes related to fish being im- States unless all of the applicable reported, such as harvesting vessel or quirements of the CCAMLR Conserva- country of origin, type and quantity of tion Measures and U.S. regulations the fish to be imported or Convention have been met. statistical subarea from which the re- (b) Harvesting vessels. (1) A U.S. vessel source was harvested, will void the harvesting or attempting to harvest preapproval certificate and the ship- Dissostichus species, whether within or ment may not be imported unless au- outside of the Convention Area, must thorized by NMFS through issuance of possess a valid vessel permit issued a revised or new preapproval certifi- under § 300.107, a valid High Seas Fish- cate. ing Permit issued under 50 CFR part (3) The provision of false information 300, subpart R, as well as DCD issued by in a preapproval application, or the NMFS, which is non-transferable. The failure to report a change in the infor- master of the harvesting vessel must mation contained in a preapproval ap- ensure that catch and other informa- plication, voids the application or tion specified on the DCD are accu- preapproval as applicable. rately recorded. (h) NMFS will not issue a (2) Prior to offloading Dissostichus preapproval certificate for any ship- species, the master of the harvesting ment of Dissostichus species: vessel must: (1) Identified as originating from a (i) Electronically convey, by the high seas area designated by the Food most rapid means possible, catch and and Agriculture Organization of the other information to NMFS and record United Nations as Statistical Area 51 on the DCD a confirmation number re- or Statistical Area 57 in the eastern ceived from NMFS; and western Indian Ocean outside and (ii) Obtain on the DCD (or copies north of the Convention Area; thereof) the signature(s) of the fol- (2) Determined to have been har- lowing persons: If catch is offloaded for vested or transshipped in contraven- transshipment, the master of the ves- tion of any CCAMLR Conservation sel(s) to which the catch is transferred; Measure in force at the time of harvest or if catch is offloaded for landing, the or transshipment; signature of both the responsible official(s) designated by NMFS in the ves- (3) Determined to have been har- sel permit and the recipient of the vested or transshipped by a vessel iden- catch at the port(s) of landing; and tified by CCAMLR as having engaged (iii) Sign the DCD (or copies thereof), in illegal, unreported and unregulated electronically convey by the most (IUU) fishing; or rapid means possible each copy to (4) Accompanied by inaccurate, in- NMFS and provide a copy to each re- complete, invalid, or improperly vali- cipient of the catch. dated CDS documentation or by a (3) The master of the harvesting ves- SVDCD. sel must submit the original DCD (and [82 FR 6223, Jan. 19, 2017, as amended at 84 all copies thereof with original signa- FR 8625, Mar. 11, 2019] tures) to NMFS no later than 30 days after the end of the fishing season for § 300.106 Catch Documentation which the vessel permit was issued and Scheme (CDS): Documentation and retain copies of the DCD for a period of other requirements. 2 years. (a) General. (1) CCAMLR CDS docu- (c) Transshipment vessels. (1) A U.S. ment(s) must accompany all shipments vessel transshipping or attempting to

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transship Dissostichus species, whether DRED corresponding to the intended within or outside of the Convention import shipment and, if requested by Area, must possess a valid vessel per- NMFS, additional information for mit issued under § 300.107 and a valid NMFS to verify that the harvesting High Seas Fishing Permit issued under vessel reported to the C–VMS continu- subpart R of this part. The master of a ously and in real-time, from port-to- U.S. vessel receiving Dissostichus spe- port, regardless of where the fish were cies by transshipment must, upon re- harvested; ceipt of Dissostichus species, sign each (ii) Ensure that the quantity of DCD provided by the master of the ves- toothfish listed on the DED (or the sel that offloads Dissostichus species. Dissostichus re-export document if prod- (2) Prior to landing Dissostichus spe- uct is a re-export) matches the quan- cies, the master of the transshipping tity listed on the preapproval applica- vessel must: tion within a variance of 10 percent; (i) Obtain on each DCD (or copies and thereof) the signature(s) of both the re- (iii) Provide copies of the DED or sponsible official(s) designated by DRED as needed to persons who re-ex- NMFS in the vessel permit and the report Dissostichus species. cipient of the catch at the port(s) of (2) Imports of fresh Dissostichus spe- landing; and cies do not require a preapproval cer- (ii) Sign each DCD (or copies there- tificate. If the amount or value of the of), and electronically convey by the fresh Dissostichus species to be im- most rapid means possible each copy to ported is below thresholds that trigger NMFS and to the flag state(s) of the the requirement to file entry docu- offloading vessel(s) and provide a copy mentation with U.S. Customs and Bor- to each recipient of Dissostichus spe- der Protection via the Automated cies. Commercial Environment (see defini- (3) The master of the transshipping tion in § 300.321), the importer must vessel must submit all DCDs with complete a report of each shipment and original signatures to NMFS no later submit the report to NMFS within 24 than 30 days after offloading and retain hours following importation. copies for a period of 2 years. Verification of the harvesting vessel’s (d) First receivers. Any person who re- reporting to C–VMS from port-to-port ceives Dissostichus species landed by a is not required for imports of fresh vessel at a U.S. port must hold an Dissostichus species. AMLR first receiver permit issued (f) Re-export. (1) To re-export under § 300.104 and must sign the Dissostichus species, a person must hold DCD(s) provided by the master of the an IFTP issued under § 300.322 and: vessel and retain copies at their place (i) Submit to NMFS a complete and of business for a period of 2 years. A accurate application for a NMFS person issued, or required to have been Dissostichus re-export document, and issued, a first receiver permit under (ii) Obtain validation by a respon- this subpart may only receive fish from sible official(s) designated by NMFS a U.S. vessel that has a valid vessel and receive an electronically-generated permit issued under § 300.107 as well as DRED. a valid High Seas Fishing Permit (2) When applying for a re-export ap- issued under 50 CFR part 300, subpart proval, a person must reference or in- R. clude the approval number issued by (e) Import. (1) A person who imports NOAA, for the original validated fresh Dissostichus species must hold an Dissostichus import document. IFTP issued under § 300.322. To import (g) Export. (1) To export U.S.-har- frozen Dissostichus species into the vested Dissostichus species, the person United States, a person must: must possess an IFTP issued under (i) Obtain a preapproval certificate § 300.322 and: issued under § 300.105 for each ship- (i) Submit to NMFS a complete and ment. Among the information required accurate NMFS application for a DED; on the application, applicants must and provide the document number and ex- (ii) Obtain validation by a respon- port reference number on the DED or sible official(s) designated by NMFS

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and receive an electronically-generated States to harass, capture, harm, kill, DED. harvest, or importo Marine mammals. (2) Any person who exports No marine mammals may be taken in Dissostichus species must include the the course of commercial fishing oper- original validated DED with the export ations unless the taking is authorized shipment. under the Marine Mammal Protection (h) Recordkeeping. Any person who Act and/or the Endangered Species Act imports, exports or re-exports pursuant to an exemption or permit Dissostichus spp. must: granted by the appropriate agency. (1) Retain a copy of all CDS docu- (b) Responsibility of owners and opera- ments at the person’s place of business tors. (1) The owners and operators of for a period of 2 years from the date on vessels permitted, or required to be the documents and provide copies as permitted, under this subpart are joint- needed to NMFS; and ly and severally responsible for compli- (2) Make the IFTP and all CDS docu- ance with the Act, this subpart, and ments and other records and reports re- any permit issued under the Act and quired by this subpart available for in- this subpart. spection upon request of an authorized (2) The owners and operators of each officer. such vessel are responsible for the acts of their employees and agents consti- § 300.107 Vessel permits and require- tuting violations, regardless of whether ments. the specific acts were authorized or for- (a) General. In addition to the High bidden by the owners or operators, and Seas Fishing Permit requirements at 50 regardless of knowledge concerning CFR part 300, subpart R: their occurrence. (1) Every vessel of the United States (3) The owner of a vessel issued a ves- that attempts to harvest or harvests sel permit under this subpart must re- any AMLR must have a vessel permit port any sale, change in ownership, or authorizing the harvest issued under other disposition of the vessel to the this subpart, unless the attempt or Assistant Administrator as soon as harvest occurs during recreational fish- possible but no later than 15 days after ing or is covered by an individual per- the change. mit. Boats launched from a vessel (4) The owner and operator of a har- issued a vessel permit do not require a vesting vessel issued a permit to fish separate permit, but are covered by the for krill in the Convention Area using permit issued to the launching vessel. trawl gear must install a seal excluder Any enforcement action that results device and may not possess onboard or from the activities of a launched boat deploy trawl gear without a seal ex- will be taken against the owner and op- cluder device installed. erator of the launching vessel. (c) Application. Application forms for (2) Any vessel of the United States vessel permits are available from that receives or attempts to receive NMFS Headquarters. any harvested AMLR from another ves- (1) A separate, fully completed and sel at sea, regardless of whether such accurate application is required for transshipment occurs in the Conven- each vessel for which a permit is re- tion Area or that receives, or attempts quested. to receive any other goods or materials (2) NMFS must receive applications from another vessel in the Convention for vessel permits no later than April 1 Area, must have a vessel permit au- for the fishing season that will com- thorizing transshipment issued under mence on or after December 1 of that this subpart. Transshipment vessels year. must comply with the permitting pro- (3) Applications for a permit to har- visions of this section. This require- vest krill must, to the extent possible, ment does not apply to scientific re- identify the products to be derived search vessels or to transshipments from the anticipated krill catch. covered under an individual permit. (4) NMFS will only accept permit ap- (3) Permits issued under this section plications for vessels that have been do not authorize vessels or persons sub- issued an International Maritime Orga- ject to the jurisdiction of the United nization (IMO) number.

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(5) NMFS may charge a fee to recover quest of an authorized officer or the administrative expense of permit CCAMLR inspector. issuance. NMFS will determine the fee (h) Changes in information submitted in accordance with procedures in the by permit applicants or holders—(1) NOAA finance handbook, available Changes in pending applications. Appli- from NMFS, for calculating adminis- cants for a vessel permit must report trative costs of special products and to the Assistant Administrator in writ- services and user fees. ing any change in the information con- (d) Issuance. The Assistant Adminis- tained in the application. The proc- trator may issue a vessel permit if the essing period for the application will be Assistant Administrator determines extended as necessary to review the that the harvesting or transshipment change. activities described in the application (2) Changes occurring after permit will meet the requirements of the Act issuance—(i) Requested changes in the lo- and will not: cation, manner, or amount of harvesting. (1) Decrease the size of any harvested Any changes in the location, manner or population to levels below those that amount of harvesting must be proposed ensure its stable recruitment. For this in writing to the Assistant Adminis- purpose, the Convention provides that trator and may not be undertaken units size should not be allowed to fall less authorized by the Assistant Ad- below a level close to that which en- ministrator through a permit revision sures the greatest net annual incre- or issuance of a new permit. If the As- ment. sistant Administrator determines that (2) Upset the ecological relationships the requested change in the location, between harvested, dependent, and re- manner, or amount of harvesting could lated populations of AMLRs and the significantly affect the status of any restoration of depleted populations to Antarctic marine living resource, the levels that will ensure stable recruit- Assistant Administrator will treat the ment. requested change as an application for (3) Cause changes or increase the risk a new permit and so notify the holder. of changes in the marine ecosystem (ii) Changes other than in the location, that are not potentially reversible over manner or amount of harvesting. For 2 or 3 decades, taking into account the changes other than those addressed in state of available knowledge of the di- paragraph (h)(2)(i) of this section, the rect and indirect impact of harvesting, owner or operator of a vessel that has the effects of the introduction of alien been issued a vessel permit must report species, the effects of associated activi- to the Assistant Administrator in writ- ties on the marine ecosystem and the ing any change in previously submitted effects of environmental changes, with information as soon as possible but no the aim of making possible the sus- later than within 15 days after the tained conservation of AMLRs. change. Based on such reported infor- (4) Violate the Convention or any mation, the Assistant Administrator conservation measures in force with re- may revise the permit and any revised spect to the United States under the permit would be effective upon notifi- Convention. The Convention and the cation to the permit holder. schedule of conservation measures in (i) Conditions and restrictions. The ves- force can be found on the CCAMLR sel permit will contain conditions and Web site: www.ccamlr.org. restrictions that the Assistant Admin- (e) Duration. A vessel permit is valid istrator deems necessary for implemen- from its date of issuance to its date of tation of conservation measures that expiration unless it is revoked or sus- apply to the harvesting or trans- pended. shipment activities. The Assistant Ad- (f) Transfer. Permits are not transfer- ministrator may revise the vessel per- able or assignable. A permit is valid mit to include additional conditions only for the vessel to which it is issued. and restrictions on the harvesting ves- (g) Display. Each vessel must have on sel as necessary to implement con- board, at all times, a valid vessel per- servation measures in force with re- mit and the vessel operator must spect to the United States or to produce it for inspection upon the re- achieve the purposes of the Convention

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or the Act. Any additional conditions (2) Make such reports and records or restrictions will be effective upon available for inspection upon the re- notification to the permit holder. quest of an authorized officer or (j) Revision, suspension, or revocation CCAMLR inspector. for violations. A vessel permit may be (3) Within the time specified in the revised, suspended, or revoked if the vessel permit, submit a copy of such re- harvesting vessel is involved in the ports and records to NMFS. commission of any violation of its per- (4) Install a NMFS-approved EMTU mit, the Act, or this subpart. The As- on board U.S. flagged vessels har- sistant Administrator may deny a ves- vesting AMLR for use in real-time C– sel permit if the applicant or har- VMS port-to-port reporting to a vesting vessel was previously involved NMFS-designated land-based fisheries in the commission of any violation of monitoring center or centers. The re- its permit, the Act, or this subpart. quirements for the installation and op- Failure to report a change in the infor- eration of the VMS are set forth in mation contained in an application § 300.112. within 15 days of the change is a viola- (5) Provide advance notice of the ves- tion of this subpart and voids the appli- sel’s entry into port using the cation or permit, as applicable. If a CCAMLR Port Inspection Report, in- change in vessel ownership is not re- cluding the written declaration that ported, the violation is chargeable to the vessel has not engaged in or sup- the previous owner. ported illegal, unreported and unregu- (k) Transshipment notification. The lated (IUU) fishing in the Convention vessel operator must notify the Area and has complied with relevant CCAMLR Secretariat of trans- CCAMLR requirements. The CCAMLR shipments of AMLRs, bait, or fuel, and Port Inspection Report, and instruc- submit a confirmation of the notifications for its submission, is available tion to NMFS Headquarters, no later from NMFS Headquarters. than 72 hours before the transshipment will take place. The vessel operator § 300.108 Vessel and gear identifica- must notify the CCAMLR Secretariat tion. of transfers of all other goods, and sub- (a) Vessel identification. (1) A vessel mit a confirmation of the notification issued a permit under this subpart to NMFS Headquarters, no later than 2 must be marked with the vessel’s name hours before the transshipment will and its International Radio Call Sign take place. Notifications of intended (IRCS) amidships on both the port and transshipments shall include the fol- starboard sides of the superstructure or lowing information, for all vessels in- hull, so that it is visible at all times volved: from an enforcement or inspection ves- (1) Names, registration numbers, and sel. Fixtures inclined at an angle to the IMO numbers; vessel’s side or superstructure would be (2) International radio call signs; considered as suitable provided that (3) Flag State; the angle of inclination would not pre- (4) Type of vessels, length, gross reg- vent sighting of the IRCS from another istered tonnage and carrying capacity; vessel or from the air. The vessel’s (5) Proposed time and position, in IRCS shall also be marked on the deck. latitude and longitude, of trans- Should an awning or other temporary shipment; and cover be placed so as to obscure the (6) Details of the type and amount of mark on the deck, the awning or cover catches and/or other goods, such as shall also be marked with the IRCS. food stores and fuel, involved in the The marks should be placed athwart- transshipment. ship with the top of the numbers or let- (l) Reporting and recordkeeping require- ters towards the bow. ments. The operator of any vessel re- (2) Boats, skiffs and craft carried by quired to have a vessel permit under the vessel for fishing operations shall this subpart must: bear the same mark as the vessel, ex- (1) Accurately maintain on board the cept that a numerical suffix specific for vessel all CCAMLR reports and records the boat, skiff, or craft must follow the required by its permit. IRCS.

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(3) The vessel identification must be abandoned and may be disposed of in in a color in contrast to the back- accordance with applicable CCAMLR ground and must be permanently af- Conservation Measures in force with fixed to the vessel in block Roman al- respect to the United States by any au- phabet letters and Arabic numerals thorized officer or CCAMLR inspector. using good quality marine paints. The (d) Maintenance. The operator of each letters and numbers shall be: At least 1 vessel issued a vessel permit must: meter in height (h) for the IRCS placed (1) Keep the vessel and gear identi- on the hull, superstructure and/or in- fication clearly legible and in good clined surfaces and at least 0.3 meter condition at all times; for marks placed on deck. The length (2) Ensure that nothing on the vessel of the hyphen shall be half the height obstructs the view of the markings of the letters and numbers. The width from an enforcement or inspection ves- of the stroke for all letters, numbers sel or aircraft; and and the hyphen shall be h/6. The space (3) Ensure that the proper naviga- between letters and/or numbers shall tional lights and shapes are displayed not exceed h/4 nor be less than h/6. The for the vessel’s activity and are prop- space between adjacent letters having erly functioning. sloping sides (e.g., A and V) shall not exceed h/8 nor be less than h/10. If a § 300.109 Initiating a new fishery. contrasting color is used for the back- (a) A new fishery, for purposes of this ground of the marks, it shall extend to section, is a fishery that uses bottom provide a border around the mark of at trawls on the high seas of the Conven- least h/6. tion Area or a fishery for a species, (4) The marks and the background using a particular method, in a statis- shall be maintained in good condition tical subarea or division for which: at all times. (1) Information on distribution, abun- (b) Navigational lights and shapes. dance, demography, potential yield and Each vessel issued a vessel permit must stock identity from comprehensive re- display the lights and shapes pre- search/surveys or exploratory fishing scribed by the International Regula- has not been submitted to CCAMLR; tions for Preventing Collisions at Sea, (2) Catch and effort data have never 1972 (TIAS 8587, and 1981 amendment been submitted to CCAMLR; or TIAS 10672), for the activity in which (3) Catch and effort data from the the harvesting vessel is engaged (as de- two most recent seasons in which fish- scribed at 33 CFR part 81). ing occurred have not been submitted (c) Gear identification. (1) The oper- to CCAMLR. ator of each fishing vessel must ensure (b) Persons intending to develop a that all deployed fishing gear is clearly new fishery shall notify the Assistant marked at all times at the surface with Administrator no later than April 1 for a buoy displaying the vessel identifica- the fishing season that will commence tion of the harvesting vessel (see para- on or after December 1 and shall not graph (a) of this section) to which the initiate the fishery pending NMFS and gear belongs, a light visible for 2 miles CCAMLR review or until a vessel per- at night in good visibility, and a radio mit has been used under this subpart. buoy. (c) The notification shall be accom- (2) The operator of each harvesting panied by a complete vessel permit ap- vessel must ensure that deployed plication required under § 300.107 and longlines and strings of traps or pots, information on: and gillnets are clearly marked at all (1) The nature of the proposed fish- times at the surface at each terminal ery, including target species, methods end with a buoy displaying the vessel of fishing, proposed region and max- identification of the harvesting vessel imum catch levels proposed for the to which the gear belongs (see para- forthcoming season; graph (a) of this section), a light visible (2) Biological information on the tar- for 2 miles at night in good visibility, get species from comprehensive re- and a radio buoy. search/survey cruises, such as distribu- (3) Unmarked or incorrectly identi- tion, abundance, demographic data and fied fishing gear may be considered information on stock identity;

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(3) Details of dependent and related (e) The notification shall be accom- species and the likelihood of them panied by a complete vessel permit ap- being affected by the proposed fishery; plication required under § 300.107 and (4) Information from other fisheries information on: in the region or similar fisheries else- (1) The nature of the exploratory where that may assist in the evalua- fishery, including target species, meth- tion of potential yield; and ods of fishing, proposed region and (5) If the proposed fishery will be un- maximum catch levels proposed for the dertaken using bottom trawl gear, the forthcoming season; known and anticipated impacts of this (2) Specification and full description gear on vulnerable marine ecosystems, of the types of fishing gear to be used; including benthos and benthic commu- (3) Biological information on the tar- nities. get species from comprehensive research/survey cruises, such as distribu- § 300.110 Exploratory fisheries. tion, abundance, demographic data and (a) An exploratory fishery, for pur- information on stock identity; details poses of this section, is a fishery that of dependent and related species and was previously defined as a new fishery the likelihood of their being affected under § 300.109. by the proposed fishery; (b) A fishery continues to be classi- (4) Information from other fisheries fied by CCAMLR as an exploratory in the region or similar fisheries else- fishery until sufficient information is where that may assist in the evalua- available to: tion of potential yield; (1) Evaluate the distribution, abun- (5) If the proposed fishery will be un- dance, and demography of the target dertaken using bottom trawl gear, in- species, leading to an estimate of the formation on the known and antici- fishery’s potential yield; pated impacts of this gear on vulner- (2) Review the fishery’s potential im- able marine ecosystems, including pacts on dependent and related species; benthos and benthic communities; and and (6) Any other information the Assist- (3) Allow the CCAMLR Scientific ant Administrator requires to fully im- Committee to formulate and provide plement the relevant conservation advice to the Commission on appro- measures. priate harvest catch levels and fishing gear. § 300.111 Scientific observers. (c) The operator of any vessel engaging in an exploratory fishery must sub- (a) Except as otherwise specified, this mit, by the date specified in the vessel section applies to both national observ- permit issued under § 300.107, catch, ef- ers and international observers, as well fort, and related biological, ecological, as to vessels of the United States car- and environmental data as required by rying, or required to carry, such ob- a data collection plan for the fishery servers. formulated by the CCAMLR Scientific (b) All vessels of the United States Committee. fishing in the Convention Area must (d) In addition to the requirements in carry one or more scientific observers § 300.107, any person planning to enter as required by CCAMLR conservation an exploratory fishery must notify the measures or as specified in a vessel per- Assistant Administrator no later than mit issued under this subpart. April 1 for the fishing season that will (c) All vessels of the United States commence on or after December 1 and conducting longline sink rate testing shall not enter the fishery pending outside the Convention Area and pur- NMFS and CCAMLR review or until a suant to CCAMLR protocols must vessel permit has been used under this carry one or more scientific observers subpart. The Assistant Administrator as specified in the vessel permit issued will not issue a permit to enter an ex- under this subpart. ploratory fishery until after the re- (d) Procurement of observers by vessel. quirements of § 300.107 have been met Owners of vessels required to carry sci- and CCAMLR has considered the notifi- entific observers under this section cation. must arrange for observer services in

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coordination with the NMFS South- weight scales, cargo holds, and any west Fisheries Science Center Ant- other space that may be used to hold, arctic Ecosystem Research Division. process, weigh, or store fish or fish The vessel owner is required to pay for products at any time. observer services through an observer (7) Prior notification. Notify observers service provider who has provided ob- at least 15 minutes before fish are server services to the Federal govern- brought on board, or fish and fish prod- ment within the past year. In situa- ucts are transferred from the vessel, to tions where no qualified observer is allow sampling the catch or observing available through a qualified observer the transfer, unless the observers spe- provider, the Secretary may authorize cifically request not to be notified. a vessel owner to arrange for an ob- (8) Records. Allow observers to in- server by alternative methods. An ob- spect and copy the vessel’s DCD, prod- server may not be paid directly by the uct transfer forms, any other logbook vessel owner. or document required by regulations or (e) Vessel responsibilities. An operator CCAMLR conservation measures, of a vessel required to carry one or printouts or tallies of scale weights, more scientific observers must: scale calibration records, bin sensor (1) Accommodations and food. Provide, readouts, and production records. at no cost to the observers or the (9) Assistance. Provide all other rea- United States, accommodations and sonable assistance to enable observers food on the vessel for the observer or to carry out their duties, including, observers that are equivalent to those but not limited to: provided for officers of the vessel; and (i) Measuring decks, codends, and (2) Safe conditions. Maintain safe con- holding bins; ditions on the vessel for the protection (ii) Providing the observers with a of observers including adherence to all safe work area adjacent to the sample U.S. Coast Guard and other applicable collection site; rules, regulations, or statutes per- (iii) Collecting bycatch when retaining to safe operation of the vessel quested by the observers; and have on board: (iv) Collecting and carrying baskets (i) A valid Commercial Fishing Ves- of fish when requested by observers; sel Safety Decal issued within the past and 2 years that certifies compliance with (v) Allowing observers to determine regulations found in 33 CFR chapter I the sex of fish when this procedure will and 46 CFR chapter I; not decrease the value of a significant (ii) A certificate of compliance issued portion of the catch. pursuant to 46 CFR 28.710; or (10) Transfer at sea. (i) Ensure that (iii) A valid certificate of inspection transfers of observers at sea via small pursuant to 46 U.S.C. 3311. boat or raft are carried out during day- (3) Health and safety regulations. Com- light hours, under safe conditions, and ply with the observer health and safety with the agreement of observers in- regulations at part 600 of this title. volved. (4) Transmission of data. Facilitate (ii) Notify observers at least 3 hours transmission of observer data by allow- before observers are transferred, such ing observers, on request, to use the that the observers can collect personal vessel’s communications equipment belongings, equipment, and scientific and personnel for the confidential samples. entry, transmission, and receipt of (iii) Provide a safe pilot ladder and work-related messages. conduct the transfer to ensure the safe- (5) Vessel position. Allow observers ac- ty of observers during transfers. cess to, and the use of, the vessel’s (iv) Provide an experienced crew navigation equipment and personnel, member to assist observers in the on request, to determine the vessel’s small boat or raft in which any trans- position, course and speed. fer is made. (6) Access. Allow observers free and (f) Insurance. The observer service unobstructed access to the vessel’s provider or vessel owner must provide bridge, trawl or working decks, holding insurance for national observers that bins, processing areas, freezer spaces, provides compensation in the event of

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an injury or death during the entire de- taking, harvesting or processing of ployment, from the point of hire loca- fish; tion to return, equivalent to the stand- (B) Any business involved with sell- ards of the North Pacific Groundfish ing supplies or services to any vessel, Observer Program set forth in § 679.50 shoreside or floating stationary proc- of this title. essing facility; or (g) Educational requirements. National (C) Any business involved with pur- observer candidates must: chasing raw or processed products from (1) Have a Bachelor’s degree or higher any vessel, shoreside or floating sta- from an accredited college or univer- tionary processing facilities. sity with a major in one of the natural (ii) Must not solicit or accept, di- sciences; or rectly or indirectly, any gratuity, gift, (2) Have successfully completed a favor, entertainment, loan, or anything minimum of 30 semester hours or of monetary value from anyone who ei- equivalent in applicable biological ther conducts activities that are regu- sciences with extensive use of dichoto- lated by NMFS or has interests that mous keys in at least one course. may be substantially affected by the (h) Health requirements. National ob- performance or nonperformance of the servers, and U.S. observers deployed as observers’ official duties. international observers, must have a (iii) Must not serve as observers on signed and dated statement from a li- any vessel or at any shoreside or float- censed physician that he or she has ing stationary processing facility physically examined the observer. The owned or operated by a person who pre- statement must confirm that, based viously employed the observers. upon the physical examination, the ob- (iv) Must not solicit or accept em- server does not have any health prob- ployment as a crew member or an em- lems or conditions that would jeop- ployee of a vessel, shoreside processor, ardize that individual’s safety or the or stationary floating processor while safety of others while deployed, or pre- employed by an observer provider. vent the observer from performing his (2) Provisions for remuneration of ob- or her duties satisfactorily. The state- servers under this section do not con- ment must declare that, prior to the stitute a conflict of interest. examination, the physician was made (j) Standards of observer behavior. Ob- aware of the duties of an observer and servers must: the dangerous, remote and rigorous na- (1) Avoid any behavior that could ad- ture of the work. The physician’s state- versely affect the confidence of the ment must be submitted to the NMFS public in the integrity of the CCAMLR Southwest Fisheries Science Center Scheme of International Scientific Ob- Antarctic Ecosystem Research Divi- servation or of the government, includ- sion program office prior to approval of ing but not limited to the following: an observer. The physical exam must (2) Perform their assigned duties as have occurred during the 12 months described in the CCAMLR Scientific prior to the observer’s deployment. The Observers Manual and must complete physician’s statement will expire 12 the CCAMLR Scientific Observer months after the physical exam oc- Logbooks and submit them to the curred. A new physical exam must be CCAMLR Data Manager at the inter- performed, and accompanying state- vals specified by the Data Manager. ment submitted, prior to any deploy- (3) Accurately record their sampling ment occurring after the expiration of data, write complete reports, and re- the statement. port accurately any observations of (i) Standards of observer conduct. (1) suspected violations of regulations rel- Observers: evant to conservation of marine re- (i) Must not have a direct financial sources or their environment. interest in the fishery being observed, (4) Not disclose collected data and including but not limited to: observations made on board the vessel (A) Any ownership, mortgage holder, or in the processing facility to any per- or other secured interest in a vessel, son, except the owner or operator of shoreside or floating stationary proc- the observed vessel or processing facil- essor facility involved in the catching, ity or NMFS.

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(5) Refrain from engaging in any ille- has a NMFS-type-approved, operating gal actions or any other activities that EMTU installed and continuously oper- would reflect negatively on their image ating for the duration of any fishing as professional scientists, on other ob- trip involving the harvesting of AMLR. servers, or on the CCAMLR Scheme of (b) Installing and activating the EMTU. International Scientific Observation as Only EMTUs that have been approved a whole. This includes, but is not lim- by NMFS for use in the AMLR fishery ited to: may be used. The vessel owner or oper- (i) Refrain from engaging in the use, ator shall obtain and have installed on possession, or distribution of illegal the fishing vessel, by a qualified ma- drugs; or rine electrician and in accordance with (ii) Refrain from engaging in physical any instructions provided by the VMS sexual contact with personnel of the Helpdesk or OLE, a NMFS type-ap- vessel or processing facility to which proved EMTU. the observer is assigned, or with any (c) Interference with the EMTU. No vessel or processing plant personnel person may interfere with, tamper who may be substantially affected by with, alter, damage, disable, or impede the performance or non-performance of the operation of the EMTU, or attempt the observer’s official duties. any of the same. (k) Sampling station—(1) Minimum (d) Interruption of operation of the work space aboard at sea processing ves- VMS. When a vessel’s EMTU is not op- sels. The observer must have a working erating properly, the owner or operator area of 4.5 square meters, including the must immediately contact OLE, and observer’s sampling table, for sampling and storage of fish to be sampled. The follow instructions from that office. If observer must be able to stand upright notified by NMFS that a vessel’s and have a work area at least 0.9 meter EMTU is not operating properly, the (m) deep in the area in front of the owner and operator must follow in- table and scale. structions from that office. In either (2) Table aboard at-sea processing ves- event, such instructions may include, sels. The observer sampling station but are not limited to, manually com- must include a table at least 0.6 m municating to a location designated by deep, 1.2 m wide and 0.9 m high and no NMFS the vessel’s positions or return- more than 1.1 m high. The entire sur- ing to port until the EMTU is operable. face area of the table must be available (e) Access to data. OLE is authorized for use by the observer. Any area for to receive and relay transmissions the observer sampling scale is in addi- from the EMTU. OLE will share a ves- tion to the minimum space require- sel’s position data obtained from the ments for the table. The observer’s EMTU, if requested, with other NMFS sampling table must be secured to the offices, the USCG, and their authorized floor or wall. officers and designees. (3) Other requirement for at-sea proc- (f) Installation and operation of the essing vessels. The sampling station VMS. NMFS has authority over the in- must be in a well-drained area that installation and operation of the EMTU. cludes floor grating (or other material NMFS may authorize the connection or that prevents slipping), lighting ade- order the disconnection of additional quate for day or night sampling, and a equipment, including a computer, to hose that supplies fresh or sea water to any EMTU when deemed appropriate the observer. by NMFS.

§ 300.112 Vessel monitoring system. § 300.113 CCAMLR Ecosystem Moni- (a) Requirement for use. Within 30 days toring Program sites. after NMFS publishes in the FEDERAL (a) General. (1) Any person subject to REGISTER a list of approved EMTUs and the jurisdiction of the United States associated communications service must apply for and be granted an entry providers for the AMLR fishery, an permit authorizing specific activities owner or operator of a vessel that has prior to entering a CCAMLR Eco- been issued a vessel permit under system Monitoring Program (CEMP) § 300.107 must ensure that such vessel site designated in accordance with the

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CCAMLR conservation measure de- Antarctic Treaty or the Protocol scribing the procedure for according should contact the Office of Polar Pro- protection for CEMP sites. grams, NSF). (2) If a CEMP site is also a site spe- (2) The Convention for the Conserva- cially protected under the Antarctic tion of Antarctic Seals. Treaty (or the Protocol on Environ- (3) The Convention and its Conserva- mental Protection to the Antarctic tion Measures in force, implemented Treaty and its Annexes, such as the under the Act. sites listed in 45 CFR 670.29), an appli- (d) Prohibitions on takings. Permits cant seeking to enter such site must issued under this section do not au- apply to the Director of the NSF for a thorize any takings as defined in the permit under applicable provisions of applicable statutes and implementing the ACA or any superseding legisla- regulations governing the activities of tion. The permit granted by NSF shall persons in Antarctica. constitute a joint CEMP/ACA Pro- (e) Issuance criteria. Permits des- tected Site permit and any person ignated in this section may be issued holding such a permit must comply by the Assistant Administrator upon a with the appropriate CEMP site man- determination that: agement plan. In all other cases, an ap- (1) The specific activities meet the plicant seeking a permit to enter a requirements of the Act; CEMP site must apply to the Assistant (2) There is sufficient reason, estab- Administrator for a CEMP permit in lished in the CEMP permit application, accordance with the provisions of this that the scientific purpose for the in- section. tended entry cannot be served else- (b) Responsibility of CEMP permit hold- where; and ers and persons designated as agents (3) The actions permitted will not under a CEMP permit. (1) The CEMP violate any provisions or prohibitions permit holder and person designated as of the site’s management plan sub- agents under a CEMP permit are joint- mitted in compliance with the ly and severally responsible for compli- CCAMLR Conservation Measure de- ance with the Act, this subpart, and scribing the procedure for according any permit issued under this subpart. protection to CEMP sites. (2) The CEMP permit holder and (f) Application process. An applicant agents designated under a CEMP per- seeking a CEMP permit from the As- mit are responsible for the acts of their sistant Administrator to enter a CEMP employees and agents constituting vio- site shall include the following in the lations, regardless of whether the spe- application. cific acts were authorized or forbidden (1) A detailed justification that the by the CEMP permit holder or agents, scientific objectives of the applicant and regardless of knowledge concerning cannot be accomplished elsewhere and their occurrence. a description of how said objectives (c) Prohibitions regarding the Antarctic will be accomplished within the terms Treaty System and other applicable trea- of the site’s management plan. ties and statutes. Holders of permits to (2) A statement signed by the appli- enter CEMP Protected Sites are not cant that the applicant has read and authorized to undertake any activities fully understands the provisions and within a CEMP Protected Site that are prohibitions of the site’s management not in compliance with the conditions plan. Prospective applicants may ob- of the CEMP permit and the provisions tain copies of the relevant manage- of: ment plans and the CCAMLR Conserva- (1) The Antarctic Treaty, including tion Measure describing the procedure the Agreed Measures for the Conserva- for according protection to CEMP sites tion of Antarctic Fauna and Flora (in- by requesting them from NMFS Head- cluding the Protocol on the Environ- quarters. mental Protection to the Antarctic (g) Conditions. CEMP permits issued Treaty and its Annexes), as imple- under this section will contain special mented by the ACA and any super- and general conditions including a con- seding legislation. (Persons interested dition that the permit holder shall sub- in conducting activities subject to the mit a report describing the activities

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conducted under the permit within 30 this subpart or by a foreign-flagged days of the expiration of the CEMP vessel without valid authorization permit. from the applicable flag state to har- (h) Transfer. CEMP permits are not vest those resources; without accurate, transferable or assignable. A CEMP complete, valid and properly validated permit is valid only for the person to CDS documentation as required by whom it is issued. § 300.106; without an IFTP as required (i) Additional conditions and restric- by § 300.104; or in violation of the terms tions. The Assistant Administrator and conditions for such import, export may revise the CEMP permit effective or re-export as specified on the IFTP. upon notification of the permit holder, (c) Engage in or benefit from har- to impose additional conditions and re- vesting or other associated activities strictions as necessary to achieve the in violation of the provisions of the purposes of the Convention, the Act Convention or in violation of a con- and the CEMP Management Plan. The servation measure in force with respect CEMP permit holder must, as soon as to the United States under Article IX possible, notify any and all agents op- of the Convention. erating under the permit of any and all (d) Ship, transport, offer for sale, revisions or modifications to the per- sell, purchase, import, export, re-ex- mit. port or have custody, control or posses- (j) Revocation or suspension. CEMP sion of, any AMLR that was harvested permits may be revoked or suspended in violation of a conservation measure based upon information received by the in force with respect to the United Assistant Administrator and such rev- States under Article IX of the Conven- ocation or suspension shall be effective tion or in violation of any regulation upon notification to the permit holder. promulgated under the Act, without re- (1) A CEMP permit may be revoked gard to the citizenship of the person or suspended based on a violation of that harvested, or vessel that was used the permit, the Act, or this subpart. in the harvesting of, the AMLR. (2) Failure to report a change in the information submitted in a CEMP per- (e) Refuse to allow any CCAMLR in- mit application within 10 days of the spector or authorized officer to board a change is a violation of this subpart vessel of the United States or a vessel and voids the application or permit, as subject to the jurisdiction of the applicable. Title 15 CFR part 904 gov- United States for the purpose of con- erns permit sanctions under this sub- ducting any search, investigation, or part. inspection authorized by the Act, this (k) Exceptions. Entry into a CEMP subpart, or any permit issued under the site is lawful if committed under emer- Act. gency conditions to prevent the loss of (f) Refuse to provide appropriate as- human life, avoid compromising sistance, including access as necessary human safety, prevent the loss of ves- to communications equipment, to any sels or aircraft, or to prevent environ- CCAMLR inspector or authorized offi- mental damage. cer. (l) Protected sites. Sites protected by (g) Refuse to sign a written notifica- the Antarctic Treaty and regulated tion of alleged violations of CCAMLR under the ACA are listed at 45 CFR conservation measures in force pre- part 670 subpart F. pared by a CCAMLR inspector. (h) Assault, resist, oppose, impede, § 300.114 Prohibitions. intimidate, or interfere with a In addition to the prohibitions in CCAMLR inspector or authorized offi- § 300.4, it is unlawful for any person to: cer in the conduct of any boarding, (a) Harvest any AMLR without a per- search, investigation, or inspection au- mit for such activity as required by thorized by the Act, this subpart, or § 300.107. any permit issued under the Act. (b) Import into, or export or re-ex- (i) Use any vessel to engage in har- port from, the United States any vesting, or receive, import, export or AMLR: Taken by a vessel of the United re-export, AMLRs after the revocation, States without a permit issued under or during the period of suspension, of

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an applicable permit issued under the fusal of reasonable assistance, an ob- Act. server from collecting samples, con- (j) Fail to identify, falsely identify, ducting product recovery rate deter- fail to properly maintain, or obscure minations, making observations, or the identification of a harvesting ves- otherwise performing the observer’s sel or its gear as required by this sub- duties. part. (5) Harass an observer by conduct (k) Fish in an area where fishing is that has sexual connotations, has the prohibited by the Commission, other purpose or effect of interfering with than for scientific research purposes in the observer’s work performance, or accordance with § 300.103. otherwise creates an intimidating, hos- (l) Violate or attempt to violate any tile, or offensive environment. provision of this subpart, the Act, any (6) Fish for or process fish without other regulation promulgated under observer coverage required under the Act or the conditions of any permit § 300.111. issued under the Act. (7) Require, pressure, coerce, or (m) Provide incomplete or inaccurate threaten an observer to perform duties information about the harvest, trans- normally performed by crew members, shipment, landing, import, export, or including, but not limited to, cooking, re-export of applicable species on any washing dishes, standing watch, vessel document required under this subpart. maintenance, assisting with the set- (n) Receive AMLR from a vessel, ting or retrieval of gear, or any duties without holding an AMLR first re- associated with the processing of fish, ceiver permit as required under from sorting the catch to the storage § 300.104, or receive AMLR from a fish- of the finished product. ing vessel that does not hold a valid (8) Refuse to provide appropriate as- vessel permit issued under § 300.107. sistance, including access as necessary (o) Import, export or re-export to communications equipment, to an Dissostichus spp. harvested or trans- observer. shipped by a vessel identified by (r) Vessel monitoring systems. (1) Use CCAMLR as having engaged in illegal, any vessel of the United States issued, unreported and unregulated (IUU) fish- or required to be issued, an AMLR ves- ing, originating from a high seas area sel permit to conduct fishing oper- designated by the Food and Agri- ations unless that vessel carries a culture Organization of the United Na- NMFS-type-approved EMTU and com- tions as Statistical Area 51 or Statis- plies with the requirements described tical Area 57 or accompanied by inac- in this subpart. curate, incomplete, invalid, or improp- (2) Fail to install, activate, repair or erly validated CDS documentation or replace an EMTU prior to leaving port import or re-export Dissostichus spp. ac- as specified in this subpart. companied by a SVDCD. (3) Fail to operate and maintain an (p) Import shipments of frozen EMTU on board the vessel at all times Dissostichus spp. without a preapproval as specified in this subpart. issued under § 300.105. (4) Tamper with, damage, destroy, (q) Observers. (1) Assault, resist, op- alter, or in any way distort, render use- pose, impede, intimidate, harass, bribe, less, inoperative, ineffective, or inac- or interfere with an observer. curate the EMTU required to be in- (2) Interfere with or bias the sam- stalled on a vessel or the EMTU posi- pling procedure employed by an ob- tion reports transmitted by a vessel as server, including physical, mechanical, specified in this subpart. or other sorting or discarding of catch (5) Fail to contact OLE or follow OLE before sampling. instructions when automatic position (3) Tamper with, destroy, or discard reporting has been interrupted as spec- an observer’s collected samples, equip- ified in this subpart. ment, records, photographic film, pa- (6) Register an EMTU to more than pers, or personal effects without the one vessel at the same time. express consent of the observer. (7) Connect, or leave connected, addi- (4) Prohibit or bar by command, im- tional equipment to an EMTU without pediment, threat, coercion, or by re- the prior approval of the OLE.

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(8) Make a false statement, oral or (2) The owner and operator of each written, to an authorized officer re- harvesting vessel must provide to au- garding the installation, use, oper- thorized officers and CCAMLR inspec- ation, or maintenance of an EMTU or tors all records and documents per- communication service provider. taining to the harvesting activities of (9) Fail to report to NMFS and to the vessel, including but not limited to CCAMLR’s C–VMS from port-to-port production records, fishing logs, navi- on any trip during which AMLR are, or gation logs, transfer records, product are expected to be, harvested regard- receipts, cargo stowage plans or less of whether the vessel operates, or records, draft or displacement calcula- is expected to operate, inside the Con- tions, customs documents or records, vention Area. and an accurate hold plan reflecting (s) Trawl for krill in Convention Area the current structure of the vessel’s fisheries without a seal excluder device storage and factory spaces. or possess trawl gear without a seal ex- (3) Before leaving vessels that have cluder device installed onboard a vessel been inspected, the CCAMLR inspector permitted, or required to be permitted, will give the master of the vessel a Cer- under this subpart to harvest krill with tificate of Inspection and a written no- trawl gear. tification of any alleged violations of (t) Harvest any AMLR in the Conven- CCAMLR conservation measures in ef- tion Area without a vessel permit re- fect and will afford the master the op- quired by this subpart. portunity to comment on it. The ship’s (u) Ship, transport, offer for sale, master must sign the notification to sell, purchase, import, export, re-ex- acknowledge receipt and the oppor- port or have custody, control, or pos- tunity to comment on it. session of, any frozen Dissostichus spe- (4) Any person issued a first receiver cies without verifiable documentation permit under this subpart, or an IFTP that the harvesting vessel reported to under § 300.322, must as a condition of CCAMLR’s C–VMS continuously and in that permit, allow an authorized offi- real-time, from port-to-port, regardless cer access to any facility from which of where such Dissostichus species were they engage in the first receipt, im- harvested. port, export or re-export of AMLR for the purpose of inspecting the facility § 300.115 Facilitation of enforcement and any fish, equipment or records and inspection. therein. In addition to the facilitation of en- (b) Reports by non-inspectors. All sci- forcement provisions of § 300.5, the fol- entists, fishermen, and other non-in- lowing requirements apply to this sub- spectors present in the Convention part. Area and subject to the jurisdiction of (a) Access and records. (1) The owners the United States are encouraged to re- and operator of each harvesting vessel port any violation of CCAMLR con- must provide authorized officers and servation measures observed in the CCAMLR inspectors access to all Convention Area to the Office of Ocean spaces where work is conducted or and Polar Affairs (CCAMLR Viola- business papers and records are pre- tions), Department of State, Room pared or stored, including but not lim- 5801, Washington, DC 20520. ited to personal quarters and areas (c) Storage of AMLR. The operator of within personal quarters. If inspection each harvesting vessel storing AMLR of a particular area would interfere in a storage space on board a vessel with specific on-going scientific re- must ensure that non-resource items search, and if the operator of the har- are neither stowed beneath nor covered vesting vessel makes such assertion by resource items, unless required to and produces an individual permit that maintain the stability and safety of covers that specific research, the au- the vessel. Non-resource items include, thorized officer or CCAMLR inspector but are not limited to, portable con- will not disturb the area, but will veyors, exhaust fans, ladders, nets, fuel record the information pertaining to bladders, extra bin boards, or other the denial of access. moveable non-resource items. These

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non-resource items may be in a re- Science and Research Director means source storage space when necessary the Director, Southeast Fisheries for the safety of the vessel or crew or Science Center. for the storage of the items. Lumber, Treaty waters means the waters of one bin boards, or other dunnage may be or more of the following: used for shoring or bracing of product (1) Quita Sueno, enclosed by latitudes to ensure the safety of crew and to pre- 13°55′ N. and 14°43′ N. between lon- vent shifting of cargo within the space. gitudes 80°55′ W. and 81°28′ W. (2) Serrana, enclosed by arcs 12 nau- § 300.116 Penalties. tical miles from the low water line of Any person or harvesting vessel the cays and islands in the general area found to be in violation of the Act, this of 14°22′ N. lat., 80°20′ W. long. subpart, or any permit issued under (3) Roncador, enclosed by arcs 12 nau- this subpart will be subject to the civil tical miles from the low water line of and criminal penalty provisions and Roncador Cay, in approximate position forfeiture provisions prescribed in the 13°35′ N. lat., 80°05′ W. long. Act, 15 CFR part 904, and other applica- [61 FR 35550, July 5, 1996, as amended at 76 ble laws. FR 59305, Sept. 26, 2011]

Subpart H—Vessels of the United § 300.122 Relation to other laws. States Fishing in Colombian (a) The relation of this subpart to Treaty Waters other laws is set forth in § 600.705 of this title and paragraph (b) of this sec- AUTHORITY: 16 U.S.C. 1801 et seq. tion. Particular note should be made to the reference in § 600.705 to the applica- § 300.120 Purpose. bility of title 46 U.S.C., under which a This subpart implements fishery con- Certificate of Documentation is invalid servation and management measures when the vessel is placed under the as provided in fishery agreements pur- command of a person who is not a cit- suant to the Treaty Between the Gov- izen of the United States. ernment of the United States of Amer- (b) Minimum size limitations for cer- ica and the Government of the Repub- tain species, such as reef fish in the lic of Colombia Concerning the Status Gulf of Mexico, may apply to vessels of Quita Sueno, Roncador and Serrana transiting the EEZ with such species (TIAS 10120) (Treaty). aboard.

§ 300.121 Definitions. § 300.123 Certificates and permits. In addition to the terms defined in (a) Applicability. An owner of a vessel § 300.2, the Magnuson-Stevens Act, and of the United States that fishes in trea- § 600.10 of this title, and in the Treaty, ty waters is required to obtain an an- the terms used in this subpart have the nual certificate issued by the Republic following meanings. If a term is de- of Colombia and an annual vessel per- fined differently in § 300.2, the Magnu- mit issued by the Regional Adminis- son-Stevens Act, or the Treaty, the trator. definition in this section shall apply. (b) Application for certificate/permit. (1) Conch means Strombus gigas. An application for a permit must be Factory vessel means a vessel that submitted and signed by the vessel’s processes, transforms, or packages owner. An application may be sub- aquatic biological resources on board. mitted at any time, but should be sub- Lobster means one or both of the fol- mitted to the Regional Administrator lowing: not less than 90 days in advance of its (1) Smoothtail lobster, Panulirus need. Applications for the ensuing cal- laevicauda. endar year should be submitted to the (2) Caribbean spiny lobster or spiny Regional Administrator by October 1. lobster, Panulirus argus. (2) An applicant must provide the fol- Regional Administrator means the Ad- lowing: ministrator of the Southeast Region, (i) A copy of the vessel’s valid USCG or a designee. certificate of documentation or, if not

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documented, a copy of its valid state is in treaty waters. The operator of a registration certificate. fishing vessel must present the certifi- (ii) Vessel name and official number. cate and permit for inspection upon re- (iii) Name, address, telephone num- quest of an authorized officer or an en- ber, and other identifying information forcement officer of the Republic of Co- of the vessel owner or, if the owner is lombia. a corporation or partnership, of the re- (g) Sanctions and denials. Procedures sponsible corporate officer or general governing enforcement-related permit partner. sanctions and denials are found at sub- (iv) Principal port of landing of fish part D of 15 CFR part 904. taken from treaty waters. (h) Alteration. A certificate or permit (v) Type of fishing to be conducted in that is altered, erased, or mutilated is treaty waters. invalid. (vi) Any other information con- (i) Replacement. A replacement cer- cerning the vessel, gear characteris- tificate or permit may be issued upon tics, principal fisheries engaged in, or request. Such request must clearly fishing areas, as specified on the appli- state the reason for a replacement cer- cation form. tificate or permit. (vii) Any other information that may (j) Change in application information. be necessary for the issuance or admin- The owner of a vessel with a permit istration of the permit, as specified on must notify the Regional Adminis- the application form. trator within 30 days after any change (c) (1) The Regional Admin- Issuance. 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 application, or an application from a per- (a) Arrival and departure reports. The son who has not complied with all ap- operator of each vessel of the United plicable reporting requirements of States for which a certificate and per- § 300.124 during the year immediately mit have been issued under § 300.123 preceding the application, the Regional must report by radio to the Port Cap- Administrator will notify the applicant tain, San Andres Island, voice radio of the deficiency. If the applicant fails call sign ‘‘Capitania de San Andres,’’ to correct the deficiency within 30 days the vessel’s arrival in and departure of the Regional Administrator’s notifi- from treaty waters. Radio reports must cation, the application will be consid- be made on 8222.0 kHz or 8276.5 kHz be- ered abandoned. tween 8:00 a.m. and 12 noon, local time (3) The Regional Administrator will (1300–1700, Greenwich mean time) Mon- issue a permit as soon as the certifi- day through Friday. cate is received from the Republic of (b) Catch and effort reports. Each ves- Colombia. sel of the United States must report its (d) Duration. A certificate and permit catch and effort on each trip into trea- are valid for the calendar year for ty waters to the Science and Research which they are issued, unless the per- Director on a form available from the mit is revoked, suspended, or modified Science and Research Director. These under subpart D of 15 CFR part 904. forms must be submitted to the (e) Transfer. A certificate and permit Science and Research Director so as to issued under this section are not trans- be received no later than 7 days after ferable or assignable. They are valid the end of each fishing trip. only for the fishing vessel and owner for which they are issued. § 300.125 Vessel identification. (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

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official number on the port and star- (j) Possess conch smaller than the board sides of the deckhouse or hull, minimum size limit, as specified in and on an appropriate weather deck, so § 300.131(a). as to be clearly visible from an enforce- (k) Fish for or possess conch in the ment vessel or aircraft. The official closed area or during the closed season, number must be permanently affixed to as specified in § 300.131(b) and (c). or painted on the vessel and must be in (l) Retain on board a berried lobster block arabic numerals in contrasting or strip eggs from or otherwise molest color to the background at least 18 a berried lobster, as specified in inches (45.7 cm) in height for fishing § 300.132(a). vessels over 65 ft (19.8 m) in length, and (m) Possess a lobster smaller than at least 10 inches (25.4 cm) in height for the minimum size, as specified in all other vessel. § 300.132(b). (b) Duties of operator. The operator of (n) Fail to return immediately to the each fishing vessel must— water unharmed a berried or under- (1) Keep the official number clearly sized lobster, as specified in § 300.132(a) legible and in good repair. and (b). (2) Ensure that no part of the fishing § 300.127 Facilitation of enforcement. vessel, its rigging, fishing gear, or any other material aboard obstructs the (a) The provisions of § 600.730 of this view of the official number from an en- title and paragraph (b) of this section forcement vessel or aircraft. apply to vessels of the United States fishing in treaty waters. § 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). Any person committing or fishing (c) Fail to report a vessel’s arrival in vessel used in the commission of a vio- and departure from treaty waters, as lation of the Magnuson-Stevens Act or required by § 300.124(a). any regulation issued under the Mag- (d) Falsify or fail to display and nuson-Stevens Act, is subject to the maintain vessel identification, as re- civil and criminal penalty provisions quired by § 300.125. and civil forfeiture provisions of the (e) Fail to comply immediately with Magnuson-Stevens Act, to part 600 of instructions and signals issued by an this title, to 15 CFR part 904, and to enforcement officer of the Republic of other applicable law. In addition, Co- Colombia, as specified in § 300.127. lombian authorities may require a ves- (f) Operate a factory vessel in treaty sel involved in a violation of this sub- waters, as specified in § 300.130(a). part to leave treaty waters. (g) Use a monofilament gillnet in treaty waters, as specified in § 300.129 Fishing year. § 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.

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(b) Monofilament gillnets. A Subpart I—United States-Canada monofilament gillnet made from nylon Fisheries Enforcement or similar synthetic material are prohibited from being used in treaty waters. AUTHORITY: 16 U.S.C. 1801 et seq. (c) Tanks and air hoses. Autonomous § 300.140 Purpose and scope. or semiautonomous diving equipment (tanks or air hoses) are prohibited from This subpart implements the Agree- being used to take aquatic biological ment Between the Government of the resources in treaty waters. United States of America and the Gov- (d) Trap requirements. A lobster trap ernment of Canada on Fisheries En- or fish trap used or possessed in treaty forcement executed at Ottawa, Canada, waters that is constructed of material on September 26, 1990 (Agreement), al- other than wood must have an escape lowing each party to the Agreement to panel located in the upper half of the take appropriate measures, consistent sides or on top of the trap that, when with international law, to prevent its removed, will leave an opening no nationals, residents and vessels from smaller than the throat or entrance of violating those national fisheries laws the trap. Such escape panel must be and regulations of the other party. constructed of or attached to the trap This subpart applies, except where oth- with wood, cotton, or other degradable erwise specified in this subpart, to all material. persons and all places (on water and on (e) Poisons and explosives. [Reserved] land) subject to the jurisdiction of the United States under the Magnuson-Ste- § 300.131 Conch harvest limitations. vens Act. This includes, but is not lim- (a) Size limit. The minimum size limit ited to, activities of nationals, resi- for possession of conch in or from trea- dents and vessels of the United States ty waters is 7.94 oz (225 g) for an (including the owners and operators of uncleaned meat and 3.53 oz (100 g) for a such vessels) within waters subject to cleaned meat. the fisheries jurisdiction of Canada as (b) Closed area. The treaty waters of defined in this subpart, as well as on Quita Sueno are closed to the harvest the high seas and in waters subject to or possession of conch. the fisheries jurisdiction of the United (c) Closed season. During the period 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-Ste- vens Act and the Agreement, the terms § 300.132 Lobster harvest limitations. used in this subpart have the following (a) Berried lobsters. A berried (egg- meanings. If a term is defined dif- bearing) lobster in treaty waters may ferently in § 300.2, the Magnuson-Ste- not be retained on board. A berried lob- vens Act, or the Agreement, the defini- ster must be returned immediately to tion in this section applies. 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. ner to fishing by any fishing vessel (b) Size limit. The minimum size limit other than a Canadian fishing vessel in for possession of lobster in or from waters subject to the fisheries jurisdic- treaty waters is 5.5 inches (13.97 cm), tion of Canada, including, but not lim- tail length. Tail length means the ited to, any provision relating to stow- measurement, with the tail in a age of fishing gear by vessels passing straight, flat position, from the ante- through such waters, and to obstruc- rior upper edge of the first abdominal tion or interference with enforcement (tail) segment to the tip of the closed of any such law or regulation. tail. A lobster smaller than the min- Authorized officer of Canada means imum size limit must be returned im- any fishery officer, protection officer, mediately to the water unharmed. officer of the Royal Canadian Mounted

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Police, or other employee authorized gear is not readily available for fish- by the appropriate authority of any na- ing; or tional or provincial agency of Canada (2) If the gear cannot readily be to enforce any applicable Canadian moved, in a secured and covered man- fisheries law. ner, detached from all towing lines, so Canadian fishing vessel means a fish- that it is rendered unusable for fishing; ing vessel: unless the vessel has been authorized (1) That is registered or licensed in by the Government of Canada to fish in Canada under the Canada Shipping Act the particular location within waters and is owned by one or more persons subject to the fisheries jurisdiction of each of whom is a Canadian citizen, a Canada in which it is operating. person resident and domiciled in Can- (d) While on board a fishing vessel in ada, or a corporation incorporated waters subject to the fisheries jurisdic- under the laws of Canada or of a prov- tion of Canada, fail to respond to any ince, having its principal place of busi- inquiry from an authorized officer of ness in Canada; or Canada regarding the vessel’s name, (2) That is not required by the Can- flag state, location, route or destina- ada Shipping Act to be registered or li- tion, and/or the circumstances under censed in Canada and is not registered which the vessel entered such waters. or licensed elsewhere but is owned as (e) Violate the Agreement, any appli- described in paragraph (1) of this defi- cable Canadian fisheries law, or the nition. terms or conditions of any permit, li- 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, in- (a) Engage in fishing in waters sub- timidate, threaten, obstruct, delay, ject to the fisheries jurisdiction of Can- prevent, or interfere, in any manner, ada without the express authorization with an authorized officer of Canada in of the Government of Canada. the conduct of any boarding, inspec- (b) Take or retain fish in waters sub- tion, search, seizure, investigation or ject to the fisheries jurisdiction of Can- arrest in connection with the enforce- ada without the express authorization ment of any applicable Canadian fish- of the Government of Canada. eries law. (c) Be on board a fishing vessel in wa- (j) Make any false statement, oral or ters subject to the fisheries jurisdic- written, to an authorized officer of tion of Canada, without stowing all Canada in response to any inquiry by fishing gear on board either: that officer in connection with enforce- (1) Below deck, or in an area where it ment of any applicable Canadian fish- is not normally used, such that the eries law.

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(k) Falsify, cover, or otherwise ob- (iii) The sounding of a horn or whis- scure, the name, home port, official tle to indicate the International Morse number (if any), or any other similar Code letter ‘‘L’’, consisting of one marking or identification of any fish- short blast, followed by one long blast, ing vessel subject to this subpart such followed by two short blasts (. — . .). that the vessel cannot be readily iden- (2) Authorized officers of Canada use tified from an enforcement vessel or the following signals to require a fish- aircraft. ing vessel to prepare to be boarded: (l) Attempt to do any of the fore- (i) The hoisting of flags representing going. the International Code Flag ‘‘SQ3’’; or (ii) The flashing of a light, or the § 300.143 Facilitation of enforcement. sounding of a horn or whistle, to indi- (a) General. Persons aboard fishing cate the International Morse Code Sig- vessels subject to this subpart must nal ‘‘SQ3’’ (. . .——.—. . .——). immediately comply with instructions § 300.144 Penalties and sanctions. and/or signals issued by an authorized officer of the United States or Canada, Any person, any fishing vessel, or the or by an enforcement vessel or aircraft, owner or operator of any such vessel, to stop the vessel, and with instruc- who violates any provision of the tions to facilitate safe boarding and in- Agreement or this subpart, is subject spection for the purpose of enforcing to the civil and criminal fines, pen- any applicable Canadian fisheries law, alties, forfeitures, permit sanctions, or the Agreement, or this subpart. All of other sanctions provided in the Magnu- the provisions of § 300.5 regarding com- son-Stevens Act, part 600 of this title, munications, boarding, and signals 15 CFR part 904 (Civil Procedures), and apply to this subpart. For purposes of any other applicable law or regulation. this subpart, authorized officer in § 305 means an authorized officer of the Subpart J—U.S. Nationals Fishing 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 In addition to the terms defined in ‘‘L’’, which is divided vertically and § 300.2 and those in the Magnuson-Ste- horizontally into quarters and colored vens Act, the terms used in this sub- so that: part have the following meanings. If a (A) The upper quarter next to the term is defined differently in § 300.2 or staff and the lower quarter next to the the Magnuson-Stevens Act, the defini- fly are yellow; and tion in this section shall apply. (B) The lower quarter next to the Affiliates means two persons (includ- staff and the upper quarter next to the ing individuals and entities) related in fly are black; such a way that— (ii) The flashing of a light to indicate (1) One indirectly or directly controls the International Morse Code letter or has power to control the other; or ‘‘L’’, consisting of one short flash, fol- (2) A third party controls or has lowed by one long flash, followed by power to control both. Indicia of con- two short flashes (. — . .); or trol include, but are not limited to,

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interlocking management or owner- Relevant laws and regulations of the ship, identity of interests among fam- Russian Federation means those Rus- ily members, shared facilities and sian laws and regulations that concern equipment, common use of employees, fishing for fishery resources over which or a reorganized entity having the Russia exercises sovereign rights or same or similar management, owner- fishery management authority. ship, or employees as a former entity. Russian and Federation mean the Rus- Agreement means the Agreement Be- sian Federation, its government, or tween the Government of the United any organ or entity of its government. States of America and the Government Russian continental shelf or conti- of the Union of Soviet Socialist Repub- nental shelf of Russia means the seabed lics on Mutual Fisheries Relations, signed May 31, 1988. and subsoil of the submarine areas over Embassy of the Russian Federation which, consistent with international means the Fisheries Attache of the em- law, Russia exercises sovereign rights. bassy located in Washington, D.C. Russian Economic Zone or Russian EZ Fishery resource means any fish, any means a zone of waters off the coast of stock of fish, any species of fish, and Russia beyond and adjacent to the Rus- any habitat of fish. sian territorial sea extending a dis- Fishing or to fish means any activity tance of up to 200 nautical miles from that does, is intended to, or can reason- the baseline from which the territorial ably be expected to result in catching sea is measured, within which, con- or removing from the water fishery re- sistent with international law, Russia sources. Fishing also includes the acts has sovereign rights over the fishery of scouting, processing, and support. resources. Operator, with respect to any vessel, Russian Federation or Russia means means the master or other individual the governing entity that succeeded on board and in charge of either the the Union of Soviet Socialist Repub- vessel, the vessel’s fishing operation, or lics, and that is the successor party to both. the Agreement of May 31, 1988. Owner, with respect to any vessel, Russian fisheries, Russian fishery re- means any person who owns that vessel or in whole or in part, whether or not it is sources, fishery resources over which leased or chartered to or managed by Russia exercises sovereign rights or fish- another person, or any charterer, ery management authority means fishery whether bareboat, time, or voyage, and resources within the Russian EZ, fish- any person who acts in the capacity of ery resources of the Russian conti- a charterer, or manager, including but nental shelf, and anadromous species not limited to parties to a management that originate in the waters of Russia, agreement, operating agreement, or whether found in the Russian EZ or be- any similar agreement that bestows yond any exclusive economic zone or control over the destination, function, its equivalent. or operation of the vessel, any officer, Scouting means any operation by a director, manager, controlling share- vessel exploring (on behalf of the vessel holder of any entity described in this or another vessel) for the presence of definition, any agent designated as fish by any means that do not involve such by any person described in this the catching of fish. definition, and any affiliate of any per- Support means any operation by a son described in this definition. vessel assisting fishing by another ves- Processing means any operation by a sel, including— vessel to receive fish from a fishing (1) Transferring or transporting fish vessel and/or the preparation of fish, or fish products; or including but not limited to cleaning, (2) Supplying a fishing vessel with cooking, canning, smoking, salting, water, fuel, provisions, fishing equip- drying, or freezing, either on the ves- ment, fish processing equipment, or sel’s behalf or to assist another vessel. other supplies. Regional Administrator means Admin- istrator of the Alaska Region, or a des- [61 FR 35550, July 5, 1996, as amended at 76 ignee. FR 59305, Sept. 26, 2011]

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§ 300.152 Procedures. permit. The vessel owner is prohibited (a) Application for annual permits. U.S. from transferring the permit to any vessel owners and operators must have other vessel or person. Any such trans- a valid permit issued by the Russian fer, or the sale or other transfer of the Federation obtained pursuant to a vessel, will immediately invalidate the complete application submitted permit. The vessel owner must notify through NMFS before fishing in the NMFS of any change in the permit ap- Russian EZ or for Russian fishery re- plication information submitted to sources. Application forms and copies NMFS Headquarters under § 300.152 of applicable laws and regulations of within 7 calendar days of the change. the Russian Federation may be ob- (b) Copies. The vessel owner and oper- tained from NMFS Headquarters. ator must mail a copy of each permit (b) Other application information. Ap- and any conditions and restrictions plications for motherships, processing issued for that vessel by the Russian or transport vessels must identify the Federation within 7 calendar days of type of fishing gear to be employed or its receipt to NMFS Headquarters. the fishing quotas if the vessel has re- (c) Validity. Any permit issued by the ceived or is requesting a quota. To fa- Russian Federation with respect to a cilitate processing, NMFS requests vessel subject to this subpart will be that permit applications for more than deemed to be a valid permit only if: 10 vessels be grouped by type and fish- (1) A completed permit application ing area, and provide the name, ad- has been forwarded to the competent dress, telephone, and FAX number(s) of authorities of the Russian Federation an individual who will be the official as provided in § 300.152(b)(1). point of contact for an application. (2) Such application has been ap- (c) Review of Applications. NMFS will proved and a permit issued by the com- review each application, and, if it is petent authorities of the Russian Fed- complete, forward it to the Department eration as provided in paragraph (a) of of State for submission to the com- this section. petent authorities of the Russian Fed- (3) The U.S. Department of State has eration. NMFS will notify the permit notified the competent authorities of applicant when the permit is submitted the Russian Federation that it has ac- to the Russian Federation. NMFS will cepted the conditions and restrictions return incomplete applications to the as provided in paragraph (a) of this sec- applicant. tion. The permit will be rendered in- (d) Direct Communication. U.S. appli- valid by: The transfer or sale of the cants may communicate directly with permit specified in paragraph (a) of the Russian Federation with regard to this section; the failure to submit to the status of their applications or per- NMFS any changes in permit applica- mits and are encouraged to do so. Own- tion information as required by para- ers and operators should make direct graph (a) of this section; failure to sub- contact and work with Russian indus- mit to NMFS any permit copy required try and government authorities. by paragraph (b) of this section or any other information or report required by § 300.153 Permit issuance. 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

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promptly, subject to the posting of rea- vessel at the time it will depart the sonable bond or other security. EEZ. (4) The sanctions for violations of (2) Return Report (Action code RE- limitations or restrictions on fishing TURN). At least 24 hours before a ves- operations will be appropriate fines, sel that has been in the Russian EZ en- penalties, forfeitures, or revocations or ters the EEZ, NMFS must receive the suspensions of fishing privileges. following information: (i) The date (month and day), time § 300.154 Recordkeeping and reporting. (hour and minute GMT), and position (latitude and longitude to the nearest (a) General. The owner and operator degree and minute), at which the vessel of a vessel subject to this subpart are will enter the EEZ. responsible for complying with all rec- (ii) The weight in metric tons (to the ordkeeping and reporting requirements nearest hundredth of a metric ton) of in this part in a timely and accurate all fish and fish products (listed by spe- manner. Reports and records required cies and product codes) on board the by this subpart must be in English, in vessel at the time it will enter the the formats specified, and unless otherwise specified, based on Greenwich EEZ, and the areas (Russian EZ, U.S. mean time (GMT). EEZ, or other) in which such fish prod- (b) Vessel permit abstract report. (1) ucts were harvested or received. The owner and operator of a vessel sub- (3) All reports must specify: The ap- ject to this subpart must submit to propriate action code (‘‘DEPART’’ or NMFS Headquarters a permit abstract ‘‘RETURN’’); the vessel’s name and report containing the following infor- international radio call sign (IRCS); mation: the sender’s name and telephone num- (i) Vessel name. ber, and FAX, TELEX, and COMSAT (ii) Russian Federation permit num- numbers; the date (month and day) and ber. time (hour and minute GMT) that the (iii) Duration of permit (e.g., 1/1/91–12/ report is submitted to NMFS; and the 31/91). intended date and U.S. port of landing. (iv) Authorized areas of fishing oper- A list of species and product codes may ations in geographic coordinates. be obtained from the Regional Admin- (v) Authorized catch quota in tons. istrator. (vi) Authorized fishing gear. (d) Recordkeeping. The owner and op- (vii) Type of permit (e.g., catcher). erator of a vessel subject to this sub- (2) The report must be faxed to (301) part must retain all copies of all re- 713–2313 within 5 calendar days of reports required by this subpart on board ceipt of the Russian permit. the vessel for 1 year after the end of (c) Activity reports. The owner and op- the calendar year in which the report erator of a vessel subject to this sub- was generated. The owner and operator part must submit to the Regional Ad- must retain and make such records ministrator by telefax to (907) 586–7313, available for inspection upon the re- the following reports: quest of an authorized officer at any (1) Depart Report (Action code DE- time for 3 years after the end of the PART). At least 24 hours before the calendar year in which the report was vessel departs from the EEZ for the generated, whether or not such records Russian EZ, NMFS must receive the on board the vessel. following information: (i) The date (month and day), and [61 FR 35550, July 5, 1996, as amended at 76 time (hour and minute GMT), and posi- FR 59305, Sept. 26, 2011] tion (latitude and longitude to the nearest degree and minute), at which § 300.155 Requirements. the vessel will depart the EEZ for the (a) Compliance with permit require- Russian EZ. ments. (1) U.S. nationals and vessels (ii) The weight in metric tons (to the subject to this subpart must have a nearest hundredth of a metric ton) of valid permit, as specified in § 300.153(c) all fish and fish product (listed by spe- in order to fish for Russian fishery re- cies and product codes) on board the sources.

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(2) U.S. nationals and vessels subject subpart must immediately comply with to this subpart that are fishing for Rus- instructions and signals issued by an sian fishery resources must comply authorized officer of the United States with all provisions, conditions, and re- to stop the vessel and with instructions strictions of any applicable permit. to facilitate safe boarding and inspec- (b) Compliance with Russian law. U.S. tion of the vessel, its gear, equipment, nationals and vessels fishing for Rus- fishing records, and catch for purposes sian fishery resources must comply of enforcing the Magnuson-Stevens with the relevant laws and regulations Act, the Agreement, and this subpart. of the Russian Federation. (e) Compliance with observer require- (c) Protection of marine mammals. U.S. ments. The owner of, operator of, and nationals and vessels fishing for Rus- any person aboard, any U.S. vessel fish- sian fishery resources may not harass, ing in the Russian EZ or for Russian hunt, capture, or kill any marine mam- fishery resources to which a Russian mal within the Russian EZ, attempt to observer is assigned must— do so, except as may be provided for by (1) Allow and facilitate, on request, an international agreement to which boarding of a U.S. vessel by the ob- both the United States and Russia are server. parties, or in accordance with specific (2) Provide to the observer, at no cost authorization and controls established to the observer or the Russian Federa- by the Russian Federation. The provi- tion, the courtesies and accommoda- sions of the Marine Mammal Protec- tions provided to ship’s officers. tion Act (MMPA), 16 U.S.C. 1361 et seq. (3) Cooperate with the observer in the also apply to any person or vessel sub- conduct of his or her official duties. ject to the jurisdiction of the United (4) Reimburse the Russian Federation States while in the Russian EZ, and it for the costs of providing an observer shall not be a defense to any violation aboard the vessel. of the MMPA that the person or vessel was acting in accordance with any per- § 300.156 Prohibited acts. mit or authorization issued by the Rus- sian Federation. In addition to the prohibited acts (d) Cooperation with enforcement proce- specified at § 300.4, it shall be unlawful dures. (1) The operator of, or any per- for any U.S. national or vessel, or the son aboard, any U.S. vessel subject to owner or operator of any such vessel: this subpart must immediately comply (a) To fish for Russian fishery re- with instructions and signals issued by sources without a valid permit issued an authorized officer of the Russian by the competent authorities of the Federation to stop the vessel and with Russian Federation. instructions to facilitate safe boarding (b) To violate the provisions, condi- and inspection of the vessel, its gear, tions, and restrictions of an applicable equipment, fishing record, and catch permit. for purposes of enforcing the relevant (c) To violate the relevant laws and laws and regulations of Russia. regulations of Russia. (2) The operator of, and any person (d) To harass, hunt, capture, or kill aboard, any U.S. vessel subject to this any marine mammal within the Rus- subpart, must comply with directions sian EZ, or while fishing for Russian issued by authorized officers of the fishery resources, except as provided in Russian Federation in connection with § 300.155 (c). the seizure of the vessel for violation of (e) To fail to comply immediately the relevant laws or regulations of the with enforcement and boarding proce- Russian Federation. dures specified in § 300.155 (d). (3) U.S. nationals and vessels subject (f) To refuse to allow an authorized to this subpart must pay all fines and officer of the Russian Federation to penalties and comply with forfeiture board and inspect a vessel subject to sanctions imposed by the Russian Fed- this subpart for purposes of conducting eration for violations of its relevant any search, inspection, arrest, or sei- laws and regulations. zure in connection with the enforce- (4) The operator of, and any person ment of the relevant laws and regula- aboard, any U.S. vessel subject to this tions of the Russian Federation.

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(g) To assault, resist, oppose, impede, ject to this subpart within 7 calendar intimidate, threaten, or interfere with, days of such change. in any manner, any authorized officer (q) To attempt to do, cause to be of the Russian Federation in the con- done, or aid and abet in doing, any of duct of any search, inspection, seizure, the foregoing. or arrest in connection with enforce- (r) To violate any other provision of ment of the relevant laws and regula- this subpart. tions of the Russian Federation. (h) To fail to pay fines or penalties or § 300.157 Penalties. comply with forfeitures imposed for a In addition to any fine, penalty, or violation of the relevant laws and regu- forfeiture imposed by the Russian Fed- lations of the Russian Federation. eration, nationals and vessels of the (i) To refuse or fail to allow a Rus- United States violating the prohibi- sian observer to board a vessel subject tions of § 300.156 are subject to the to this subpart while fishing in the fines, penalties, and forfeitures and the Russian EZ, or for Russian fishery re- adjudicative procedures provided in the sources. Magnuson-Stevens Act, 16 U.S.C. 1858, (j) To fail to provide to a Russian ob- 1860, 1861, and any other applicable server aboard a vessel fishing in the laws and regulations of the United Russian EZ or for Russian fishery re- States. sources, the courtesies and accommodations provided to ship’s officers. Subpart K—Transportation and (k) To assault, resist, oppose, impede, intimidate, threaten, interfere with, Labeling of Fish or Wildlife harass, or fail to cooperate, in any manner, with a Russian observer AUTHORITY: 16 U.S.C. 3371–3378. placed aboard a vessel subject to this subpart. § 300.160 Requirement for marking of containers or packages. (l) To fail to reimburse the Russian Federation for the costs incurred in the Except as otherwise provided in this utilization of Russian observers placed subpart, all persons are prohibited aboard such vessel. from importing, exporting, or trans- (m) To possess, have custody or con- porting in interstate commerce any trol of, ship, transport, offer for sale, container or package containing any sell, purchase, transship, import, ex- fish or wildlife (including shellfish) un- port, or traffic in any manner, any fish less each container or package is con- or parts thereof taken or retained, spicuously marked on the outside with landed, purchased, sold, traded, ac- both the name and address of the ship- quired, or possessed, in any manner, in per and consignee and an accurate list violation of the relevant laws and regu- of its contents by species and number lations of the Russian Federation, the of each species. Magnuson-Stevens 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 contained in a permit application sub- total number of packages or containers

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in the shipment, and for each species in karakul that have been bred and born the shipment specifies: The common in captivity, or their products, if a name that identifies the species (exam- signed statement certifying that the ples include: chinook (or king) salmon; animals were bred and born in cap- bluefin tuna; and whitetail deer); and tivity accompanies the shipping docu- the number of that species (or other ments; appropriate measure of quantity such (2) Fish or shellfish contained in re- as gross or net weight). The invoice, tail consumer packages labeled pursu- packing list, bill of lading, or equiva- ant to the Food, Drug and Cosmetic lent document must be securely at- Act, 21 U.S.C. 301 et seq.; or tached to the outside of one container (3) Fish or shellfish that are landed or package in the shipment or other- by, and offloaded from, a fishing vessel wise physically accompany the ship- (whether or not the catch has been car- ment in a manner that makes it read- ried by the fishing vessel interstate), as ily accessible for inspection; or long as the fish or shellfish remain at (2) Affixing the shipper’s wildlife im- the place where first offloaded. port/export license number preceded by ‘‘FWS’’ on the outside of each con- Subpart L—Pacific Albacore Tuna tainer or package containing fish or Fisheries wildlife if the shipper has a valid wildlife import/export license issued under authority of part 14 of this title. For AUTHORITY: Sec. 401, Pub. L. 108-219, 118 Stat. 616 (16 U.S.C. 1821 note). each shipment marked in accordance with this paragraph (a)(2), the records SOURCE: 69 FR 31535, June 4, 2004, unless maintained under § 14.93(d) of this title otherwise noted. must include a copy of the invoice, packing list, bill of lading, or other § 300.170 Purpose and scope. similar document that accurately The regulations in this subpart gov- states the information required by ern fishing by U.S. vessels in waters paragraph (a)(1)(ii) of this section. under the fisheries jurisdiction of Can- (3) In the case of subcontainers or ada pursuant to the 1981 Treaty Be- packages within a larger packing con- tween the Government of the United tainer, only the outermost container States of America and the Government must be marked in accordance with of Canada on Pacific Coast Albacore this section, provided, that for live fish Tuna Vessels and Port Privileges as or wildlife that are packed in subcon- amended in 2002. Regulations governing tainers within a larger packing con- fishing by Canadian vessels in waters tainer, if the subcontainers are num- under the fisheries jurisdiction of the bered or labeled, the packing list, in- United States pursuant to this Treaty voice, bill of lading, or other similar as amended in 2002 are found at § 600.530 document, must reflect that number or of chapter VI of this title. label. (4) A conveyance (truck, plane, boat, § 300.171 Definitions. etc.) is not considered a container for In addition to the definitions in the purposes of requiring specific marking Magnuson-Stevens Fishery Conserva- of the conveyance itself, provided that: 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,

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Suite 4200, Long Beach, CA 90802–4213, (1) Sections 300.14 and 300.217, or or a designee. (2) The vessel’s name and U.S. Coast Reporting Office means the office des- Guard Documentation number (or if ignated by the Regional Administrator not documented, the state registration to take hail-in and hail-out reports number) followed by the letter U must from U.S. and Canadian vessel opera- be prominently displayed where they tors. are clearly visible both from the air Treaty means the 1981 Treaty Be- and from a surface vessel. Numerals tween the Government of the United and the letter U must meet the size re- States of America and the Government quirements of § 660.704 of this title. of Canada on Pacific Coast Albacore Markings must be legible and of a color Tuna Vessels and Port Privileges as amended in 2002. that contrasts with the background. [76 FR 73520, Nov. 29, 2011] § 300.172 Vessel list. The ‘‘vessel list’’ is the list of U.S. § 300.174 Logbook reports. vessels that are authorized to fish The owner of any U.S. vessel that under the Treaty as amended in 2002. fishes for albacore tuna in Canadian Only a vessel on the list for at least 7 waters under the Treaty as amended in days may engage in fishing in Canadian 2002 must maintain and submit to the waters under the Treaty as amended in Regional Administrator a logbook of 2002. The owner of any U.S. vessel that wishes to be eligible to fish for alba- catch and effort of such fishing. The core tuna under the Treaty as amended logbook form will be provided to the in 2002 must provide the Regional Ad- vessel owner as soon as practicable ministrator or his designee with the after the request to be placed on the vessel name, the owner’s name and ad- list of vessels. The logbook must be dress, phone number where the owner submitted to the Regional Adminis- can be reached, the USCG documenta- trator within 15 days of the end of a tion number (or state registration trip, regardless of whether the trip number if not documented), and vessel ends by reentry to U.S. waters or entry operator (if different from the owner) to Canada’s territorial sea, other Cana- and his or her address and phone num- dian waters in which fishing is not per- ber. On the date that NMFS receives a mitted, or a Canadian port. If the de- request that includes all the required parture is due to exit to the high seas, information, NMFS will place the ves- the vessel operator must submit the sel on the annual vessel list. NMFS logbook within 7 days of its next land- will notify fishermen by a confirma- ing. tion letter or email of the date the vessel was placed on the list. Because the § 300.175 Hail-in and hail-out reports. vessel list will revert to zero vessels on December 31 of each year, the required (a) The operator of any U.S. vessel information must be provided in the that wishes to engage in fishing in wa- manner specified on an annual basis. ters under the fisheries jurisdiction of Canada must file a hail-in report to the [72 FR 19123, Apr. 17, 2007] Reporting Office at least 24 hours prior to engaging in fishing in such waters. § 300.173 Vessel identification. (b) The operator of a U.S. vessel that Each U.S. vessel fishing under the has been fishing under the Treaty as Treaty must be marked for identifica- amended in 2002 must file a hail-out re- tion purposes, as follows: port to the Reporting Office within 24 (a) A vessel used to fish on the high hours of departing waters under the seas within the Convention Area as defined in § 300.211 must be marked in ac- fisheries jurisdiction of Canada. cordance with the requirements at § 300.176 Prohibitions. §§ 300.14 and 300.217. (b) A vessel not used to fish on the It is prohibited for the owner or oper- high seas within the Convention Area ator of a U.S. fishing vessel to: as defined in § 300.211 must be marked (a) Engage in fishing in waters under in accordance with either: the fisheries jurisdiction of Canada if:

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(1) The vessel has not been on the list Automated Export System (AES) has of fisheries pursuant to § 300.172 for at the same meaning as that term is de- least 7 days; fined in § 300.321 of this part. (2) The vessel is not clearly marked BCD tag means a numbered tag af- as required under § 300.173; fixed to a bluefin tuna issued by any (3) The vessel operator has not filed a country in conjunction with a catch hail-in report with the Reporting Office statistics information program and re- as required under § 300.175(a); or corded on a BCD or eBCD. (4) The Regional Administrator has Bigeye tuna means the species announced that the U.S. limit on fish- Thunnus obesus found in any ocean ing under the Treaty as amended in area. 2002 has been reached. Bluefin Tuna Catch Document (BCD) means a bluefin tuna catch document (b) Fail to maintain and submit log- issued by a nation implementing the book records of catch and effort statis- ICCAT bluefin tuna catch documenta- tics as required under § 300.174; tion program. (c) Fail to report an exit from waters BSD tag means a numbered tag af- under the fisheries jurisdiction of Can- fixed to a bluefin tuna issued by any ada as required by § 300.175(b). country in conjunction with a catch statistics information program and re- Subpart M—International Trade corded on a bluefin tuna statistical Documentation and Tracking document (BSD). Programs for Highly Migratory CBP means U.S. Customs and Border Species Protection, Department of Homeland Security. CCSBT means the Commission for the AUTHORITY: 16 U.S.C. 951–961 and 971 et seq.; Conservation of Southern Bluefin Tuna 16 U.S.C. 1801 et seq. established pursuant to the Convention SOURCE: 69 FR 67277, Nov. 17, 2004, unless for the Conservation of Southern otherwise noted. Bluefin Tuna. Consignment document means either § 300.180 Purpose and scope. an ICCAT eBCD or paper BCD issued by The regulations in this subpart are a nation to comply with the ICCAT issued under the authority of the At- bluefin tuna catch documentation pro- lantic Tunas Convention Act of 1975 gram consistent with ICCAT rec- (ATCA), Tuna Conventions Act of 1950, ommendations; or an ICCAT, IATTC, and Magnuson-Stevens Act. The regu- IOTC, or CCSBT statistical document lations implement the recommenda- or a statistical document issued by a tions of the International Commission nation to comply with such statistical for the Conservation of Atlantic Tunas document programs. (ICCAT) for the conservation and man- Consignment documentation programs means the ICCAT, IOTC, IATTC or agement of tuna and tuna-like species CCSBT catch document or statistical in the Atlantic Ocean and of the Inter- document programs. American Tropical Tuna Commission Customs territory of the United States (IATTC) for the conservation and man- has the same meaning as in 19 CFR agement of highly migratory fish re- 101.1 and includes only the States, the sources in the Eastern Tropical Pacific District of Columbia, and Puerto Rico. Ocean, so far as they affect vessels and Dealer tag means the numbered, flexi- persons subject to the jurisdiction of ble, self-locking ribbon issued by the United States. NMFS for the identification of Atlan- tic bluefin tuna sold to a dealer per- § 300.181 Definitions. mitted under § 635.4 of this title as re- Atlantic bluefin tuna means the spe- quired under § 635.5(b) of this title. cies Thunnus thynnus found in the At- Document Imaging System (DIS) means lantic Ocean. the system established by CBP to re- Automated Commercial Environment ceive image files of paper documents in (ACE) has the same meaning as that ACE or AES and associate the image term is defined in § 300.321 of this part. files with specific trade transactions.

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eBCD means an electronic bluefin mass of things belonging to one coun- tuna catch document (eBCD) generated try with the intention of uniting them by the ICCAT eBCD system to track to the mass of things belonging to bluefin tuna catch and trade as speci- some foreign country. For purposes of fied in ICCAT recommendations. this subpart, a shipment between the eBCD system is the ICCAT electronic United States and its insular posses- system for creating, editing, and trans- sions is not an export. mitting ICCAT catch and trade docu- Exporter, for purposes of this subpart, mentation for bluefin tuna as specified is the principal party in interest, in ICCAT recommendations and re- meaning the party that receives the quired in these regulations. primary benefit, monetary or other- Entered for consumption has the same wise, of the export transaction. For ex- meaning as in 19 CFR 141.0a(f) and gen- ports from the United States, the ex- erally refers to the filing of an entry porter is the U.S. principal party in in- summary for consumption with cus- terest, as identified in part 30 of title 15 toms authorities, in proper form, with of the CFR. An exporter is subject to estimated duties attached. the requirements of this subpart, even Entry for consumption, for purposes of if exports are exempt from statistical this subpart, has the same meaning as reporting requirements under part 30 of entry for consumption, withdrawal title 15 of the CFR. from warehouse for consumption, or Finlet means one of the small indi- entry for consumption of merchandise vidual fins on a tuna located behind from a foreign trade zone, as provided the second dorsal and anal fins and for- under 19 CFR parts 101.1, 141, 144, and ward of the tail fin. 146. For purposes of this subpart, Fish or fish products regulated under ‘‘entry for consumption’’ generally this subpart means bluefin tuna, frozen means an import into the Customs ter- bigeye tuna, southern bluefin tuna and ritory of the United States or the sepa- swordfish and all such products of rate customs territory of a U.S. insular these species, except parts other than possession, for domestic use, that is meat (e.g., heads, eyes, roe, guts, and classified for customs purposes in the tails), and shark fins. ‘‘consumption’’ category (entry type IATTC means the Inter-American codes 00–08) or withdrawal from ware- Tropical Tuna Commission, established house or foreign trade zone for con- pursuant to the Convention for the Es- sumption category (entry type codes tablishment of an Inter-American 30–34 and 38). For purposes of this sub- Tropical Tuna Commission. part, HMS destined from one foreign ICCAT means the International Com- country to another, which transits the mission for the Conservation of Atlan- Customs territory of the United States tic Tunas established pursuant to the or the separate customs territory of a International Convention for the Con- U.S. insular possession, and is not clas- servation of Atlantic Tunas. sified as an entry for consumption Import means to land on, bring into, upon release from CBP or other cus- or introduce into, or attempt to land toms custody, is not an entry for con- on, bring into, or introduce into, any sumption under this definition. place subject to the jurisdiction of the Entry number, for purposes of this United States, whether or not such subpart, means the unique number/ landing, bringing or introduction con- identifier assigned by customs authori- stitutes an importation within the ties for each entry into a customs ter- meaning of the customs laws of the ritory. For CBP, the entry number is United States. Import, for purposes of assigned at the time of filing an entry this subpart, does not include any ac- summary (CBP Form 7501 or equivalent tivity described in the previous sen- electronic filing) for entries into the tence with respect to fish caught in the Customs territory of the United States. exclusive economic zone or by a vessel Export, for purposes of this subpart, of the United States. For purposes of means to effect exportation. this subpart, goods brought into the Exportation has the same general United States from a U.S. insular pos- meaning as 19 CFR 101.1 and generally session, or vice-versa, are not consid- refers to a severance of goods from the ered imports.

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Importer, for purposes of this subpart, Required data set has the same mean- means the principal party responsible ing as § 300.321 (see definition of ‘‘Doc- for the import of product into a coun- umentation and data sets required’’). try. For imports into the United RFMO, as defined under this subpart, States, and for purposes of this sub- means regional fishery management part, ‘‘importer’’ means the consignee organization, including CCSBT, IATTC, as identified on entry documentation ICCAT, or IOTC. or any authorized, equivalent elec- Separate customs territory of a U.S. in- tronic medium required for release of sular possession means the customs ter- shipments from the customs authority ritory of a U.S. insular possession when that possession’s customs territory is of the United States or the separate not a part of the Customs territory of customs territory of a U.S. insular pos- the United States. session. If a consignee is not declared, Shark fin, for purposes of this sub- then the importer of record is consid- part, means any fin removed from a ered to be the consignee. shark, which is an animal of the Lin- Insular possession of the United States naean taxonomic superorder or U.S. insular possession, for purposes Selachimorpha, subclass of this subpart, means the Common- Elasmobranchii, class Chondrichthyes. wealth of the Northern Mariana Is- Southern bluefin tuna means the spe- lands, Guam, American Samoa, and cies Thunnus maccoyii found in any other possessions listed under 19 CFR ocean area. 7.2, that are outside the customs terri- Statistical document means an ICCAT, tory of the United States. IATTC, IOTC, or CCSBT statistical Intermediate country means a country document, or a statistical document that exports to another country HMS issued by a nation to comply with such previously imported as an entry for statistical document programs. consumption by that nation. A ship- Statistical document program means ei- ment of HMS through a country on a ther the ICCAT, IOTC, IATTC or through bill of lading, or in another CCSBT statistical document program. Swordfish means the species Xiphias manner that does not enter the ship- gladius that is found in any ocean area. ment into that country as an entry for Tag means either a dealer tag or a consumption, does not make that coun- BCD tag. try an intermediate country under this definition. [61 FR 35550, July 5, 1996, as amended at 73 International Fisheries Trade Permit FR 31385, June 2, 2008; 81 FR 18799, Apr. 1, 2016; 81 FR 51134, Aug. 3, 2016] (IFTP) or trade permit means the permit issued by NMFS under § 300.322. § 300.182 International fisheries trade IOTC means the Indian Ocean Tuna permit. Commission established pursuant to An importer, entering for consump- the Agreement for the Establishment tion any fish or fish products regulated of the Indian Ocean Tuna Commission under this subpart, harvested from any approved by the Food and Agriculture ocean area, into the United States, or Organization (FAO) Council of the an exporter exporting or re-exporting United Nations. such product, must possess a valid Pacific bluefin tuna means the species International Fisheries Trade Permit Thunnus orientalis found in the Pacific (IFTP) issued under § 300.322. Ocean. [81 FR 51134, Aug. 3, 2016] Permit holder, for purposes of this subpart, means, unless otherwise speci- § 300.183 Permit holder reporting and fied, a person who is required to obtain recordkeeping requirements. an International Fisheries Trade Per- (a) Biweekly reports. Any person trad- mit (IFTP) under § 300.322. ing fish and fish products regulated Re-export, for purposes of this sub- under this subpart and required to ob- part, means the export of goods that tain a trade permit under § 300.322 must were previously entered for consump- submit to NMFS, on forms supplied by tion into the customs territory of a NMFS, a biweekly report of entries for country. consumption, exports and re-exports of

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fish and fish products regulated under part, biweekly reports, statistical doc- this subpart, except shark fins. uments, catch documents, re-export (1) The report required to be sub- certificates, relevant sales receipts, mitted under this paragraph (a) must import and export documentation, and be received within 10 days after the end any other records or reports made, re- of each biweekly reporting period in tained, or submitted pursuant to this which fish or fish products regulated subpart. A permit holder must allow under this subpart except shark fins NMFS or an authorized person to in- were entered for consumption, ex- spect any fish or fish products regu- ported, or re-exported. The bi-weekly lated under this subpart, and inspect reporting periods are the first day to and copy any import export, and re-ex- the 15th day of each month, and the 16th port documentation and any reports re- day to the last day of each month. quired under this subpart, and the (2) Each report must specify accu- records, in any form, on which the rately and completely the requested in- completed reports are based, wherever formation for each consignment of fish they exist. Any agent of a person trad- or fish products regulated under this ing and required to obtain a trade per- subpart, except shark fins, that is en- mit under § 300.322, or anyone respon- tered for consumption, exported, or re- sible for importing, exporting, re-ex- exported. porting, storing, packing, or selling (3) A biweekly report is not required fish or fish products regulated under for export consignments of bluefin tuna this subpart, shall be subject to the in- when the information required on the spection provisions of this section. biweekly report has been previously (e) Applicability of reporting and rec- supplied on a biweekly report sub- ordkeeping requirements. Reporting and mitted under § 635.5(b)(2)(i)(B) of this recordkeeping requirements in this title. The person required to obtain a subpart apply to any person engaging trade permit under § 300.322 must rein international trade regardless of tain, at his/her principal place of busi- whether a trade permit has been issued ness, a copy of the biweekly report to that person. which includes the required informa- [73 FR 31385, June 2, 2008, as amended at 81 tion and is submitted under FR 51134, Aug. 3, 2016] § 635.5(b)(2)(i)(B) of this title, for a period of 2 years from the date on which § 300.184 Species subject to permitting, each report was submitted to NMFS. documentation, reporting, and rec- (b) Recordkeeping. Any person trading ordkeeping requirements. fish and fish products regulated under (a) Except as noted in paragraphs (b) this subpart and required to submit bi- and (c) of this section, the following weekly reports under paragraph (a) of fish or fish products are subject to the this section must retain, at his/her documentation requirements of this principal place of business, a copy of subpart, regardless of ocean area of each biweekly report and all sup- catch, and must be reported under the porting records for a period of 2 years appropriate heading or subheading from the date on which each report was numbers from the Harmonized Tariff submitted to NMFS. Schedule of the United States (HTS): (c) Other requirements. Any person (1) Bluefin tuna, trading fish and fish products regulated (2) Southern bluefin tuna, under this subpart and required to ob- (3) Frozen bigeye tuna, tain a trade permit under § 300.322 is (4) Swordfish, and also subject to the reporting and rec- (5) Shark fins. ordkeeping requirements identified in (b) For bluefin tuna, southern bluefin § 300.185. tuna, frozen bigeye tuna, and sword- (d) Inspection. Any person authorized fish, fish parts other than meat (e.g., to carry out the enforcement activities heads, eyes, roe, guts, and tails) may under the regulations in this subpart be imported without the documenta- (authorized person) has the authority, tion required under this subpart. without warrant or other process, to (c) Bigeye tuna caught by purse sein- inspect, at any reasonable time: fish or ers or pole and line (bait) vessels and fish products regulated under this sub- destined for canneries within the

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United States, including all U.S. com- (1) For Atlantic bluefin tuna, this re- monwealths, territories, and posses- quirement must be satisfied by the sions, may be imported without the U.S. importer through electronic re- documentation required under this sub- ceipt and completion of a re-export cer- part. tificate in the ICCAT eBCD system, un- [81 FR 51135, Aug. 3, 2016] less NMFS provides otherwise through actual notice or FEDERAL REGISTER no- § 300.185 Documentation, reporting tice. In cases where the documentation and recordkeeping requirements requirements have been completed in for consignment documents and re- the ICCAT eBCD system, a reduced export certificates. data set consisting of the eBCD number (a) Imports—(1) Applicability of require- or re-export certificate number, as ap- ments. The documentation require- plicable, and the importer trade permit ments in paragraph (a)(2) of this sec- number would suffice as an import fil- tion apply to all imports of fish or fish ing, without need to submit any forms products regulated under this subpart, via DIS in ACE. into the Customs territory of the (2) For bluefin tuna harvested from United States, except shark fins, or ex- other than the Atlantic Ocean, or for cept when entered as a product of an Atlantic Bluefin tuna entered pursuant American fishery landed overseas (HTS to a notified exception under heading 9815). For insular possessions (a)(2)(ii)(A)(1), an image of the original with customs territories separate from paper re-export certificate and the sup- the Customs territory of the United porting consignment documents must States, documentation requirements in be submitted to CBP via the ACE DIS. paragraph (a)(2) of this section apply (B) Bluefin tuna, imported into the only to entries for consumption. The Customs territory of the United States reporting requirements of paragraph or entered for consumption into the (a)(3) of this section do not apply to separate customs territory of a U.S. in- fish products destined from one foreign sular possession, from a country re- country to another which transit the quiring a BCD tag on all such bluefin United States or a U.S. insular posses- tuna available for sale, must be accom- sion and are designated as an entry panied by the appropriate BCD tag type other than entry for consumption issued by that country, and said BCD as defined in § 300.181. tag must remain on any bluefin tuna (2) Documentation requirements. (i) Ex- until it reaches its final import des- cept for shark fins, all fish or fish products regulated under this subpart, im- tination. If the final import destina- ported into the Customs territory of tion is the United States, which in- the United States or entered for concludes U.S. insular possessions, the sumption into a separate customs ter- BCD tag must remain on the bluefin ritory of a U.S. insular possession, tuna until it is cut into portions. If the must, at the time of presenting entry bluefin tuna portions are subsequently documentation for clearance by cus- packaged for domestic commercial use toms authorities (e.g., electronic filing or re-export, the BCD tag number and via ACE or other documentation re- the issuing country must be written quired by the port director) be accom- legibly and indelibly on the outside of panied by an original, complete, accu- the package. rate, approved and properly validated, (iii) Fish or fish products regulated species-specific consignment docu- under this subpart other than bluefin ment. An image of such document and tuna and shark fins: the required data set must be filed (A) Imports that were previously re- electronically with CBP via ACE. exported and were subdivided or con- (ii) Bluefin tuna: solidated with another consignment be- (A) Imports that were re-exported fore re-export, must also be accom- from another nation must also be ac- panied by an original, completed, accu- companied by an original, complete, rate, valid, approved and properly vali- accurate, approved and properly validated, species-specific re-export certifi- dated, species-specific re-export certificate. An image of such document, an cate. image of the original import document,

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and the required data set must be filed directed in paragraph (a)(2)(vi)(A) of electronically with CBP via ACE. this section, unless NMFS provides (B) Imports that have been pre- otherwise through actual notice or viously re-exported from another na- FEDERAL REGISTER notice. In cases tion must have the intermediate im- where the documentation requirements porter’s certification of the original have been completed in the ICCAT statistical document completed. eBCD system, a reduced data set con- (iv) Consignment documents must be sisting of the eBCD number or the re- validated as specified in § 300.187 by an export certificate number, as applica- authorized government official of the ble, and the importer trade permit flag country whose vessel caught the number would suffice as an import fil- fish (regardless of where the fish are ing, without need to submit any forms first landed). Re-export certificates via DIS in ACE. must be validated by an authorized (b) Exports—(1) Applicability of require- government official of the re-exporting ments. The documentation and report- country. For electronically generated Atlantic bluefin tuna catch documents, ing requirements of this paragraph (b) validation must be electronic using the apply to exports of fish or fish products ICCAT eBCD system. regulated under this subpart, except (v) A permit holder may not accept shark fins, that were harvested by U.S. an import without the completed con- vessels and first landed in the United signment document or re-export cer- States, or harvested by vessels of a tificate as described in paragraphs U.S. insular possession and first landed (a)(2)(i) through (iv) of this section. in that possession. This paragraph (b) (vi) For fish or fish products, except also applies to products of American shark fins, regulated under this sub- fisheries landed overseas. part that are entered for consumption, (2) Documentation requirements. A per- the permit holder must provide correct mit holder must complete an original, and complete information, as requested approved, numbered, species-specific by NMFS, on the original consignment consignment document issued to that document that accompanied the con- permit holder by NMFS for each export signment. referenced under paragraph (b)(1) of (A) For Atlantic bluefin tuna, this in- this section, and electronically file an formation must be provided electroni- image of such documentation and the cally in the ICCAT eBCD system, un- required data set with CBP via AES. less NMFS provides otherwise through Such an individually numbered docu- actual notice or FEDERAL REGISTER no- ment is not transferable and may be tice. used only once by the permit holder to (B) For non-Atlantic bluefin tuna, which it was issued to report on a spe- this information must be provided on cific export consignment. A permit the original paper consignment docu- holder must provide on the consignment that accompanied the consignment document the correct informa- ment. tion and exporter certification. The (3) Reporting requirements. (i) For fish consignment document must be vali- or fish products regulated under this dated, as specified in § 300.187, by subpart, except shark fins, that are entered for consumption and whose final NMFS, or another official authorized destination is within the United by NMFS. A list of such officials may States, which includes U.S. insular pos- be obtained by contacting NMFS. A sessions, a permit holder must submit permit holder requesting U.S. valida- an image of the original consignment tion for exports should notify NMFS as document that accompanied the fish soon as possible after arrival of the product as completed under paragraph vessel to avoid delays in inspection and (a)(2) of this section to CBP electroni- validation of the export consignment. cally through the ACE DIS. (i) For Atlantic bluefin tuna, this re- (ii) For Atlantic bluefin tuna, this requirement must be satisfied by elec- quirement must be satisfied electroni- tronic completion of a consignment cally by entering the specified informa- document in the ICCAT eBCD system, tion into the ICCAT eBCD system as unless NMFS provides otherwise

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through actual notice or FEDERAL REG- (2) Documentation requirements. (i) If a ISTER notice. In cases where the docu- permit holder re-exports a consignment mentation requirements have been of bluefin tuna, or subdivides or con- completed in the ICCAT eBCD system, solidates a consignment of fish or fish a reduced data set consisting of the products regulated under this subpart, eBCD number and the exporter trade other than shark fins, that was pre- permit number would suffice as an ex- viously entered for consumption as de- port filing, without need to submit any scribed in paragraph (c)(1) of this sec- forms in AES via DIS. tion, the permit holder must complete (ii) For non-Atlantic bluefin tuna, an original, approved, individually this requirement must be satisfied by numbered, species-specific re-export completion of a paper consignment certificate issued to that permit holder document, and electronic filing of an by NMFS for each re-export consign- image of such documentation and the ment. Such an individually numbered required data set with CBP via AES. document is not transferable and may (3) Reporting requirements. (i) A per- be used only once by the permit holder mit holder must ensure that the origi- to which it was issued to report on a nal, approved, consignment document specific re-export consignment. A per- as completed under paragraph (b)(2) of mit holder must provide on the re-ex- this section accompanies the export of port certificate the correct informa- such products to their export destination and re-exporter certification. The tion and must electronically file an permit holder must also attach the image of such documentation and the original consignment documentation required data set with CBP via AES. that accompanied the import consign- (ii) For Atlantic bluefin tuna, this re- ment or a copy of that documentation, quirement must be satisfied electroni- and must note on the top of both the cally by entering the specified informa- consignment documents and the re-ex- tion into the eBCD system as directed port certificates the entry number as- in paragraph (b)(2)(i) of this section, signed by CBP authorities at the time unless NMFS provides otherwise of filing the entry for the previously through actual notice or FEDERAL REG- imported consignment. An electronic ISTER notice. In cases where the docu- image of these documents and the re- mentation requirements have been quired data set must be filed electroni- completed in the ICCAT eBCD system, cally with CBP via AES at the time of a reduced data set consisting of the export. eBCD number and the exporter trade permit number would suffice as an ex- (A) For Atlantic bluefin tuna, these port filing without need to submit any requirements must be satisfied by elec- forms in AES via DIS. tronic completion of a re-export cer- (c) Re-exports—(1) Applicability of re- tificate in the ICCAT eBCD system, un- quirements. The documentation and re- less NMFS provides otherwise through porting requirements of this paragraph actual notice or FEDERAL REGISTER no- (c) apply to exports of fish or fish prod- tice. In cases where the documentation ucts regulated under this subpart, ex- requirements have been completed in cept shark fins, that were previously the ICCAT eBCD system, a reduced entered for consumption into the Cus- data set consisting of the eBCD number toms territory of the United States or and the exporter trade permit number the separate customs territory of a would suffice as a re-export filing, U.S. insular possession, through filing without need to submit any forms in the documentation specified in para- AES via DIS. graph (a) of this section. The require- (B) For non-Atlantic bluefin tuna, ments of this paragraph (c) do not these requirements must be satisfied apply to fish or fish products destined by completion of a paper re-export cer- from one foreign country to another tificate, and electronic filing of an which transit the United States or a image of such documentation and the U.S. insular possession and which are required data set with CBP via AES. designated as an entry type other than (ii) If a consignment of fish or fish entry for consumption as defined in products regulated under this subpart, § 300.181. except bluefin tuna or shark fins, that

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was previously entered for consump- port filing, without need to submit any tion as described in paragraph (c)(1) of forms in AES via DIS. this section is not subdivided into sub- (d) Document completion. To be consignments or consolidated with deemed complete, a consignment docu- other consignments or parts thereof, ment or re-export certificate must be for each such re-export consignment, a filled out according to the cor- permit holder must complete the inter- responding instructions for each docu- mediate importer’s certification on the ment with all requested information original consignment document and provided. note the entry number previously (e) Recordkeeping. A permit holder issued by CBP for the consignment at must retain at his or her principal the top of the document. Such re-exports do not need a re-export certifi- place of business, a copy of each con- cate and the re-export does not require signment document and re-export cer- validation. An electronic image of the tificate required to be submitted to consignment document with the com- NMFS pursuant to this section, and pleted intermediate importer’s certifi- supporting records for a period of 2 cation and the required data set must years from the date on which it was be filed electronically with CBP via submitted to NMFS. AES at the time of re-export. (f) Inspection. Any person responsible (iii) Re-export certificates must be for importing, exporting, storing, pack- validated, as specified in § 300.187, by ing, or selling fish or fish products reg- NMFS or another official authorized by ulated under this subpart, including NMFS. A list of such officials may be permit holders, consignees, customs obtained by contacting NMFS. A per- brokers, freight forwarders, and im- mit holder requesting validation for re- porters of record, shall be subject to exports should notify NMFS as soon as the inspection provisions at § 300.183(d). possible to avoid delays in inspection and validation of the re-export ship- [69 FR 67277, Nov. 17, 2004, as amended at 71 ment. Electronic re-export certificates FR 58163, Oct. 2, 2006; 73 FR 31386, June 2, created for Atlantic bluefin tuna using 2008; 74 FR 66586, Dec. 16, 2009; 81 FR 18799, the ICCAT eBCD system will be vali- Apr. 1, 2016; 81 FR 51135, Aug. 3, 2016] dated electronically. § 300.186 Completed and approved (3) Reporting requirements. (i) For each documents. re-export, a permit holder must submit the original of the completed re-export (a) NMFS-approved forms. A NMFS- certificate (if applicable) and the origi- approved consignment document or re- nal or a copy of the original consign- export certificate may be obtained ment document completed as specified from NMFS to accompany exports of under paragraph (c)(2) of this section, fish or fish products regulated under to the shipper to accompany the con- this subpart from the Customs terri- signment of such products to their re- tory of the United States or the sepa- export destination, and an image of rate customs territory of a U.S. insular such documentation and the required possession. data set must be filed electronically (b) Nationally approved forms from with CBP via AES. other countries. A nationally approved (ii) For Atlantic bluefin tuna, this re- form from another country may be quirement must be satisfied electroni- used for exports to the United States if cally by entering the specified informa- that document strictly conforms to the tion into the ICCAT eBCD system as information requirements and format directed in paragraph (c)(2)(i)(A) of this of the applicable RFMO documents. An section, unless NMF provides otherwise approved consignment document or re- through actual notice or FEDERAL REG- export certificate for use in countries ISTER notice. In cases where the documentation requirements have been without a nationally approved form to completed in the ICCAT eBCD system, accompany consignments to the United a reduced data set consisting of the States may be obtained from the fol- eBCD number and the exporter trade lowing websites, as appropriate: permit number would suffice as an ex-

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www.iccat.org, www.iattc.org, (e) Authorization for non-NMFS valida- www.ccsbt.org, or www.iotc.org. tion. An official from an organization or government agency seeking author- [61 FR 35550, July 5, 1996, as amended at 73 FR 31388, June 2, 2008; 81 FR 18800, Apr. 1, ization to validate consignment docu- 2016] 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 para- certificates must renew such author- graph (d) of this section. Validation ization on a yearly basis. must be made by NMFS or another of- (f) BCD tags. The requirements of this ficial authorized by NMFS. paragraph apply to Pacific bluefin (d) Validation waiver. Any waiver of tuna. Requirements for tagging Atlan- government validation will be con- tic bluefin tuna are specified in § 635.5. sistent with applicable RFMO rec- (1) Issuance. NMFS will issue num- ommendations concerning validation bered BCD tags for use on Pacific of consignment documents and re-ex- bluefin tuna upon request to each per- port certificates. If authorized, such mit holder. waiver of government validation may (2) Transfer. BCD tags for use on Pa- include exemptions from government cific bluefin tuna issued under this sec- validation for Pacific bluefin tuna with tion are not transferable and are usable individual BCD tags affixed pursuant only by the permit holder to whom to paragraph (f) of this section or for they are issued. Atlantic bluefin tuna with tags affixed (3) Affixing BCD tags. At the discre- pursuant to § 635.5(b) of this title. Waiv- tion of permit holders, a tag issued ers will be specified on consignment under this section may be affixed to documents and re-export certificates or each Pacific bluefin tuna purchased or accompanying instructions, or in a let- received by the permit holder. If so ter to permit holders from NMFS. 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 § 300.322. 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- § 300.322. 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 § 300.322. 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. [61 FR 35550, July 5, 1996, as amended at 73 (f) Fail to comply with the docu- FR 31388, June 2, 2008; 81 FR 18801, Apr. 1, mentation requirements as specified in 2016] § 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- SOURCE: 76 FR 2024, Jan. 12, 2011, unless bered tag affixed to any Pacific bluefin otherwise noted. tuna or any tag affixed to a bluefin tuna imported from a country with a § 300.200 Purpose and scope. BCD tag program before removal is al- The purpose of this subpart is to im- lowed under § 300.187; fail to write the plement the requirements in the High tag number on the shipping package or Seas Driftnet Fishing Moratorium Pro- container as specified in § 300.187; or tection Act (‘‘Moratorium Protection reuse any NMFS-issued numbered tag Act’’) to identify and certify nations affixed to any Pacific bluefin tuna, or whose vessels engaged in illegal, unre- any tag affixed to a bluefin tuna imported, or unregulated fishing; whose ported from a country with a BCD tag fishing activities result in bycatch of program, or any tag number previously protected living marine resources; or written on a shipping package or con- whose vessels engaged in fishing activi- tainer as prescribed by § 300.187. ties or practices on the high seas that (k) Import, or attempt to import, any target or incidentally catch sharks fish or fish product regulated under where the nation has not adopted a this subpart in a manner inconsistent regulatory program for the conserva- with any ports of entry designated by tion of sharks, comparable in effective- NMFS as authorized by § 300.188. ness to that of the United States, tak- (l) Ship, transport, purchase, sell, ing into account different conditions. offer for sale, import, enter for con- This language applies to vessels enti- sumption, export, re-export, or have in tled to fly the flag of the nation in custody, possession, or control any fish question. Where the Secretary of Com- or fish product regulated under this merce determines that an identified subpart that was imported, entered for nation has not taken the necessary ac- consumption, exported, or re-exported tions to warrant receipt of a positive contrary to this subpart. certification, the Secretary of Com- (m) Fail to electronically file via merce may recommend to the Presi- ACE a validated consignment docu- dent that the United States prohibit ment and the required data set for im- the importation of certain fish and fish ports at time of entry into the Customs products from the identified nation or territory of the United States of fish or other measures. The Secretary of Com- fish products regulated under this sub- merce will recommend to the President part except shark fins, regardless of appropriate measures, including trade whether the importer, exporter, or re- restrictive measures, to be taken exporter holds a valid trade permit against identified nations that have issued pursuant to § 300.322 or whether not received a positive certification, to the fish products are imported as an address the fishing activities or prac- entry for consumption. tices for which such nations were iden- (n) Import or accept an imported con- tified in the biennial report. The Sec- signment of fish or fish products regu- retary of Commerce will make such a lated under this subpart, except shark recommendation on a case-by-case fins, without an original, complete, ac- basis in accordance with international curate, approved and properly vali- obligations, including the World Trade dated, species-specific consignment Organization (WTO) Agreement. The document and re-export certificate (if Moratorium Protection Act also au- applicable) with the required informa- thorizes cooperation and assistance to tion and exporter’s certification com- nations to take action to combat ille- pleted. gal, unreported, or unregulated fishing, reduce bycatch of protected living ma- [61 FR 35550, July 5, 1996, as amended at 73 FR 31388, June 2, 2008; 81 FR 51136, Aug. 3, rine resources, and achieve shark con- 2016] servation. [78 FR 3342, Jan. 16, 2013] Subpart N—Identification and Certification of Nations § 300.201 Definitions. For the purposes of the Moratorium AUTHORITY: 16 U.S.C. 1826d et seq. Protection Act:

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Bycatch means: the incidental or dis- International agreement means: an carded catch of protected living marine agreement between two or more resources or entanglement of such re- States, agencies of two or more States, sources with fishing gear. or intergovernmental organizations Fishing vessel means: any vessel, boat, which is legally binding and governed ship, or other craft which is used for, by international law. equipped to be used for, or of a type International fishery management which is normally used for— agreement means: any bilateral or mul- (1) Fishing; or tilateral treaty, convention, or agree- (2) Any activity relating to fishing, ment for the conservation and manage- including, but not limited to, prepara- ment of fish. tion, supply, storage, refrigeration, International fishery management orga- transportation, or processing, bun- nization means: an international orga- kering or purchasing catch, or aiding nization established by any bilateral or or assisting one or more vessels at sea multilateral treaty, convention, or in the performance of such activity. agreement for the conservation and Illegal, unreported, or unregulated management of fish. (IUU) fishing means: Protected living marine resources (1) In the case of parties to an inter- (PLMRs) means: non-target fish, sea national fishery management agree- turtles, or marine mammals that are ment to which the United States is a protected under United States law or party, fishing activities that violate international agreement, including the conservation and management meas- Marine Mammal Protection Act, the ures required under an international Endangered Species Act, the Shark fishery management agreement to Finning Prohibition Act, and the Con- which the United States is a party, in- vention on International Trade in En- cluding but not limited to catch limits dangered Species of Wild Flora and or quotas, capacity restrictions, by- Fauna; but they do not include species, catch reduction requirements, shark except sharks, that are managed under conservation measures, and data re- the Magnuson-Stevens Fishery Con- porting; servation and Management Act, the (2) In the case of non-parties to an Atlantic Tunas Convention Act, or by international fishery management any international fishery management agreement to which the United States agreement. is a party, fishing activities that would [76 FR 2024, Jan. 12, 2011, as amended at 78 undermine the conservation of the re- FR 3342, Jan. 16, 2013] sources managed under that agreement; § 300.202 Identification and certifi- (3) Overfishing of fish stocks shared cation of nations engaged in illegal, by the United States, for which there unreported, or unregulated fishing are no applicable international con- activities. servation or management measures, or (a) Procedures to identify nations whose in areas with no applicable inter- fishing vessels are engaged in IUU fishing national fishery management organiza- (1) NMFS will identify and list, in a bi- tion or agreement, that has adverse ennial report to Congress, nations impacts on such stocks; or, whose fishing vessels are engaged, or (4) Fishing activity that has a signifi- have been engaged at any point during cant adverse impact on seamounts, hy- the preceding two years, in IUU fish- drothermal vents, cold water corals ing. and other vulnerable marine eco- (2) When determining whether to systems located beyond any national identify a nation as having fishing ves- jurisdiction, for which there are no ap- sels engaged in IUU fishing, NMFS will plicable conservation or management take into account all relevant matters, measures or in areas with no applicable including but not limited to the his- international fishery management or- tory, nature, circumstances, extent, ganization or agreement. duration, and gravity of the IUU fish- (5) Fishing activities by foreign ing activity in question, and any meas- flagged vessels in U.S. waters without ures that the nation has implemented authorization of the United States. to address the IUU fishing activity.

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NMFS will also take into account the IUU fishing activities described in whether an international fishery man- the biennial report. agement organization exists with a (d) Procedures to certify nations identi- mandate to regulate the fishery in fied as having fishing vessels engaged in which the IUU activity in question IUU fishing. Each nation that is identi- takes place. If such an organization ex- fied as having fishing vessels engaged ists, NMFS will consider whether the in IUU fishing shall receive either a relevant international fishery manage- positive or a negative certification ment organization has adopted meas- from the Secretary of Commerce, and ures that are effective at addressing this certification will be published in the IUU fishing activity in question the biennial report to Congress. A posi- and, if the nation whose fishing vessels tive certification indicates that a na- are engaged, or have been engaged, in tion has taken appropriate corrective IUU fishing is a party to, or maintains action to address the IUU fishing activ- cooperating status with, the organiza- ity described in the biennial report. A tion. NMFS will also take into account negative certification indicates that a any actions taken or on-going pro- nation has not taken appropriate cor- ceedings by the United States and/or rective action. flag State to address the IUU fishing (1) The Secretary of Commerce shall activity of concern as well as the effec- issue a positive certification to an tiveness of such actions. identified nation upon making a deter- (b) Notification of nations identified as mination that such nation has taken having fishing vessels engaged in IUU appropriate corrective action to ad- fishing. Upon identifying a nation dress the activities for which such na- whose vessels have been engaged in tion has been identified in the biennial IUU fishing activities in the biennial report to Congress. When making such report to Congress, the Secretary of determination, the Secretary shall Commerce will notify the President of take into account the following: such identification. Within 60 days (i) Whether the government of the after submission of the biennial report nation identified pursuant to para- to Congress, the Secretary of Com- graph (a) of this section has provided merce, acting through or in consulta- evidence documenting that it has tion with the Secretary of State, will: taken corrective action to address the (1) Notify nations that have been IUU fishing activity described in the identified in the biennial report as hav- biennial report; ing fishing vessels that are currently (ii) Whether the relevant inter- engaged, or were engaged at any point national fishery management organiza- during the preceding two calendar tion has adopted and, if applicable, the years, in IUU fishing activities; identified member nation has imple- (2) Notify identified nations of the re- mented and is enforcing, measures to quirements under the Moratorium Pro- effectively address the IUU fishing ac- tection Act and this subpart; and tivity of the identified nation’s fishing (3) Notify any relevant international vessels described in the biennial report; fishery management organization of (iii) Whether the United States has actions taken by the United States to taken enforcement action to effec- identify nations whose fishing vessels tively address the IUU fishing activity are engaged in IUU fishing and initiate of the identified nation described in consultations with such nations. the biennial report; and (c) Consultation with nations identified (iv) Whether the identified nation has as having fishing vessels engaged in IUU cooperated in any action taken by the fishing. Within 60 days after submission United States to address the IUU fish- of the biennial report to Congress, the ing activity described in the biennial Secretary of Commerce, acting through report. or in cooperation with the Secretary of (2) Prior to a formal certification de- State, will initiate consultations with termination, nations will be provided nations that have been identified in the with preliminary certification deter- biennial report for the purpose of en- minations and an opportunity to sup- couraging such nations to take appro- port and/or refute the preliminary de- priate corrective action with respect to terminations and communicate any

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corrective actions taken to address the in effectiveness to those of the United activities for which such nations were States, NMFS will evaluate if different identified. The Secretary of Commerce conditions exist that could bear on the shall consider any information re- feasibility and efficiency of such meas- ceived during the course of these con- ures to end or reduce bycatch of the sultations when making the subse- pertinent PLMRs. quent certification determinations. (b) Notification of nations identified as [76 FR 2024, Jan. 12, 2011, as amended at 78 having fishing vessels engaged in PLMR FR 3343, Jan. 16, 2013] bycatch. Upon identifying a nation whose vessels have been engaged in by- § 300.203 Identification and certifi- catch of PLMRs in the biennial report cation of nations engaged in by- to Congress, the Secretary of Com- catch of protected living marine resources. merce will notify the President of such identification. Within 60 days after (1) NMFS will identify and list, in the submission of the biennial report to biennial report to Congress nations— Congress, the Secretary of Commerce, (i) whose fishing vessels are engaged, acting through or in consultation with or have been engaged during the preceding calendar year prior to publica- the Secretary of State, will notify tion of the biennial report to Congress, identified nations about the require- in fishing activities or practices either ments under the Moratorium Protec- in waters beyond any national jurisdiction Act and this subpart. tion that result in bycatch of a PLMR, (c) Consultations and negotiations. or in waters beyond the U.S. EEZ that Upon submission of the biennial report result in bycatch of a PLMR that is to Congress, the Secretary of Com- shared by the United States; merce, acting through or in consulta- (ii) if the nation is a party to or tion with the Secretary of State, will: maintains cooperating status with the (1) Initiate consultations within 60 relevant international organization days after submission of the biennial with jurisdiction over the conservation report to Congress with the govern- and protection of the relevant PLMRs, ments of identified nations for the pur- or a relevant international or regional poses of encouraging adoption of a reg- fishery organization, and the organiza- ulatory program for protected living tion has not adopted measures to effec- marine resources that is comparable in tively end or reduce bycatch of such effectiveness to that of the United species; and States, taking into account different (iii) the nation has not implemented conditions, and establishment of a measures designed to end or reduce management plan that assists in the such bycatch that are comparable in collection of species-specific data; effectiveness to U.S. regulatory re- (2) Seek to enter into bilateral and quirements, taking into account dif- multilateral treaties with such nations ferent conditions that could bear on to protect the PLMRs from bycatch ac- the feasibility and efficacy of comparable measures. tivities described in the biennial re- (2) When determining whether to port; and identify nations as having fishing ves- (3) Seek agreements through the ap- sels engaged in PLMR bycatch, NMFS propriate international organizations will take into account all relevant calling for international restrictions matters including, but not limited to, on the fishing activities or practices the history, nature, circumstances, ex- described in the biennial report that tent, duration, and gravity of the by- result in bycatch of PLMRs and, as catch activity in question. necessary, request the Secretary of (3) NMFS will also examine whether State to initiate the amendment of any the nation has implemented measures existing international treaty to which designed to end or reduce such bycatch the United States is a party for the that are comparable in effectiveness to protection and conservation of the U.S. regulatory requirements. In con- PLMRs in question to make such sidering whether a nation has imple- agreements consistent with this sub- mented measures that are comparable part.

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(d) International cooperation and as- the collection of species-specific data sistance. To the greatest extent pos- on PLMR bycatch to support inter- sible, consistent with existing author- national stock assessments and con- ity and the availability of funds, the servation efforts for PLMRs. Secretary shall: (2) Nations will be notified prior to a (1) Provide appropriate assistance to formal certification determination and nations identified by the Secretary will be provided with an opportunity to under paragraph (a) of this section and support and/or refute preliminary cer- international organizations of which tification determinations, and commu- those nations are members to assist nicate any corrective actions taken to those nations in qualifying for a posi- address the activities for which such tive certification under paragraph(e) of nations were identified. The Secretary this section; of Commerce shall consider any infor- (2) Undertake, where appropriate, co- mation received during the course of operative research activities on species these consultations when making the assessments and improved bycatch subsequent certification determina- mitigation techniques, with those nations. tions or organizations; [76 FR 2024, Jan. 12, 2011, as amended at 78 (3) Encourage and facilitate the FR 3343, Jan. 16, 2013] transfer of appropriate technology to those nations or organizations to assist § 300.204 Identification and certifi- those nations in qualifying for positive cation of nations whose vessels are certification under paragraph (e) of engaged in shark catch. this section; and (a) Procedures to identify nations if (4) Provide assistance to those na- fishing vessels of that nation are engaged tions or organizations in designing and in fishing activities or practices in waters implementing appropriate fish har- beyond any national jurisdiction that tar- vesting plans. get or incidentally catch sharks during (e) Procedures to certify nations identi- the preceding calendar year. (1) NMFS fied as having fishing vessels engaged in will identify and list in the biennial re- PLMR bycatch. (1) Each nation that is port to Congress nations— identified as having fishing vessels en- (i) Whose fishing vessels are engaged, gaged in PLMR bycatch shall receive or have been engaged during the cal- either a positive or a negative certifi- endar year prior to publication of the cation from the Secretary of Com- biennial report to Congress, in fishing merce, and this certification will be activities or practices in waters beyond published in the biennial report to Con- any national jurisdiction that target or gress. The Secretary of Commerce incidentally catch sharks; and shall issue a positive certification to (ii) Where that nation has not adopt- an identified nation upon making a de- ed a regulatory program to provide for termination that: the conservation of sharks, including (i) Such nation has provided evidence measures to prohibit removal of any of documenting its adoption of a regu- the fins of a shark (including the tail) latory program to end or reduce by- and discard the carcass of the shark at catch of such PLMRs that is com- sea, that is comparable in effectiveness parable in effectiveness to regulatory to that of the United States, taking measures required under U.S. law to into account different conditions, in- address bycatch in the relevant fish- cluding conditions that could bear on eries, taking into account different the feasibility and effectiveness of conditions that could bear on the feasi- measures. bility and efficacy of these measures, (2) When determining whether to and which, in the case of an identified identify nations for these activities, nation with fishing vessels engaged in NMFS will take into account all rel- pelagic longline fishing, includes the evant matters including, but not lim- mandatory use of circle hooks, careful ited to, the history, nature, cir- handling and release equipment, train- cumstances, duration, and gravity of ing and observer programs; and the fishing activity of concern. (ii) Such nation has established a (b) Notification of nations identified as management plan that will assist in having fishing vessels engaged in fishing

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activities or practices that target or inci- those nations in qualifying for a posi- dentally catch sharks. Upon identifying tive certification under paragraph (e) in the biennial report to Congress a na- of this section; tion whose vessels engaged in fishing (2) Undertake, where appropriate, co- activities or practices in waters beyond operative research activities on species any national jurisdiction that target or assessments and harvesting techniques incidentally catch sharks, the Sec- aimed at mitigating or eliminating the retary of Commerce will notify the non-target catch of sharks, with those President of such identification. With- nations or organizations; in 60 days after submission of the bien- (3) Encourage and facilitate the nial report to Congress, the Secretary transfer of appropriate technology to of Commerce, acting through or in con- those nations or organizations to assist sultation with the Secretary of State, those nations in qualifying for positive will notify identified nations about the certification under paragraph (e) of requirements under the Moratorium this section; and Protection Act and this subpart N. (4) Provide assistance to those na- (c) Consultations and negotiations. tions or organizations in designing, im- Upon submission of the biennial report plementing, and enforcing appropriate to Congress, the Secretary of Com- fish harvesting plans for the conserva- merce, acting through or in consultation and sustainable management of tion with the Secretary of State, will: sharks. (1) Initiate consultations within 60 (e) Procedures to certify nations identi- days after submission of the biennial fied as having fishing vessels engaged in report to Congress with the govern- fishing activities or practices that target ments of identified nations for the pur- or incidentally catch sharks. Each nation poses of encouraging adoption of a reg- that is identified as having fishing ves- ulatory program for the conservation sels engaged in fishing activities or of sharks that is comparable in effec- practices in waters beyond any na- tiveness to that of the United States, tional jurisdiction that target or inci- taking into account different condi- dentally catch sharks and has not tions, and establishment of a manage- adopted a regulatory program for the ment plan that assists in the collection conservation of sharks, including of species-specific data; measures to prohibit removal of any of (2) Seek to enter into bilateral and the fins of a shark (including the tail) multilateral treaties or other arrange- and discard the carcass of the shark at ments with such nations to protect sea, that is comparable to that of the sharks; and United States, taking into account dif- (3) Seek agreements through the ap- ferent conditions, shall receive either a propriate international organizations positive or a negative certification calling for international restrictions from the Secretary of Commerce. This on the fishing activities or practices certification will be published in the described in the biennial report and, as biennial report to Congress. The Sec- necessary, request the Secretary of retary of Commerce shall issue a posi- State to initiate the amendment of any tive certification to an identified na- existing international treaty to which tion upon making a determination the United States is a party for the that: conservation of sharks to make such (1) Such nation has provided evidence agreements consistent with this sub- documenting its adoption of a regu- part. latory program for the conservation of (d) International Cooperation and As- sharks that is comparable in effective- sistance. To the greatest extent pos- ness to regulatory measures required sible, consistent with existing author- under U.S. law in the relevant fish- ity and the availability of funds, the eries, taking into account different Secretary shall: conditions, including conditions that (1) Provide appropriate assistance to could bear on the feasibility and effec- nations identified by the Secretary tiveness of measures; and such nation under paragraph (a) of this section and has established a management plan international organizations of which that will assist in the collection of spe- those nations are members to assist cies-specific data on sharks to support

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international stock assessments and taliated against the United States as a conservation efforts for sharks. result of that prohibition. The Sec- (2) Prior to a formal certification de- retary of Commerce shall certify to the termination, nations will be provided President each affirmative determina- with preliminary certification deter- tion that an import prohibition is in- minations, and an opportunity to sup- sufficient to cause a nation to effec- port and/or refute the preliminary de- tively address such IUU fishing activ- terminations, and communicate ac- ity, bycatch, or shark catch or that a tions taken to adopt a regulatory pro- nation has taken retaliatory action gram that is comparable in effective- against the United States. This certifi- ness to that of the United States, tak- cation is deemed to be a certification ing into account different conditions. under section 1978(a) of Title 22, which The Secretary of Commerce shall con- provides that the President may direct sider any relevant information re- the Secretary of the Treasury to pro- ceived during consultations when mak- hibit the bringing or the importation ing its formal certification determina- into the United States of any products tion. from the offending country for any duration as the President determines ap- [78 FR 3343, Jan. 16, 2013] propriate and to the extent that such § 300.205 Effect of certification. prohibition is sanctioned by the World Trade Organization. (a) If a nation identified under (e) Duration of certification. Any na- § 300.202(a), § 300.203(a), or § 300.204(a) tion identified in the biennial report to does not receive a positive certification Congress for having vessels engaged in under this subpart (i.e., the nation re- IUU fishing that is negatively certified ceives a negative certification or no will remain negatively certified until certification is made), the Secretary of the Secretary of Commerce determines Treasury shall, in accordance with rec- that the nation has taken appropriate ognized principles of international law: corrective action to address the IUU (1) Withhold or revoke the clearance required by section 91 of the appendix fishing activities for which it was iden- to Title 46 for the fishing vessels of tified in the biennial report. Any na- such nation; and tion identified in the biennial report to (2) Deny entry to the fishing vessels Congress for having vessels engaged in of such nation to any place in the PLMR bycatch or catch of sharks that United States and to the navigable wa- is negatively certified will remain neg- ters of the United States. atively certified until the Secretary of (b) Upon notification and any rec- Commerce determines that the nation ommendations by the Secretary of has taken the necessary actions pursu- Commerce to the President that an ant to the Moratorium Protection Act identified nation has failed to receive a to receive a positive certification. positive certification, the President is (f) Consultations. NMFS will, working authorized to direct the Secretary of through or in consultation with the the Treasury to prohibit the importa- Department of State, continue con- tion of certain fish and fish products sultations with nations that do not re- from such nation (see § 300.206). ceive a positive certification with re- (c) Any action recommended under spect to the fishing activities described paragraph (b) of this section shall be in the biennial report to Congress. The consistent with international obliga- Secretary of Commerce shall take the tions, including the WTO Agreement. results of such consultations into con- (d) If certain fish and fish products sideration when making a subsequent are prohibited from entering the certification determination for each United States, within six months after such nation. the imposition of the prohibition, the [78 FR 3344, Jan. 16, 2013] Secretary of Commerce shall determine whether the prohibition is insuffi- § 300.206 Denial of port privileges and cient to cause that nation to effec- import restrictions on fish or fish tively address the IUU fishing, by- products. catch, or shark catch described in the (a) Scope of applicability. (1) Vessels biennial report, or that nation has re- from a nation identified in the biennial

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report under § 300.202(a), § 300.203(a), or Commerce cannot make positive cer- § 300.204(a) and not positively certified tifications for identified nations, and by the Secretary of Commerce that the President determines that certain enter any place in the United States or fish and fish products from such na- the navigable waters of the United tions are ineligible for entry into the States remain subject to inspection United States and U.S. territories, the and may be prohibited from landing, Secretary of Commerce, in cooperation processing, or transshipping fish and with the Secretaries of Treasury, fish products, under applicable law. Homeland Security, and State, will file Services, including the refueling and a notice with the Office of the Federal re-supplying of such fishing vessels, Register. may be prohibited, with the exception (2) Certification of admissibility. If cer- of services essential to the safety, tain fish or fish products are subject to health, and welfare of the crew. Fish- import prohibitions, NMFS may pub- ing vessels will not be denied port ac- lish in the FEDERAL REGISTER the re- cess or services in cases of force quirement that, in addition to any majeure or distress. other import documentation require- (2) For nations identified in the pre- ments that otherwise apply, other fish vious biennial report under § 300.202(a) or fish products from the relevant na- that are not positively certified in the tion, that are not subject to the prohi- current biennial report, the Secretary bitions, offered for entry under this of Commerce shall so notify and make section must be accompanied by cer- recommendations to the President, tification of admissibility, for which a who is authorized to direct the Sec- form is available from NMFS. The cer- retary of Treasury to impose import tification of admissibility must be prohibitions with respect to fish and properly completed and signed by a fish products from those nations. Such duly authorized official of the identi- a recommendation would address the fied nation and validated by a respon- relevant fishing activities or practices sible official(s) designated by NMFS. for which such nations were identified The certification must be signed by the in the biennial report. Such import importer of record and submitted to prohibitions, if implemented, would NMFS in a format (electronic facsimile apply to fish and fish products managed under an applicable international (fax), the Internet, etc.) specified by fishery agreement. If there is no appli- NMFS. cable international fishery agreement, (3) Effective date of import restrictions. such prohibitions, if implemented, Effective upon the date of publication would only apply to fish and fish prod- of such finding, shipments of fish or ucts caught by vessels engaged in ille- fish products found to be ineligible will gal, unreported, or unregulated fishing. be denied entry to the United States. For nations identified under § 300.203(a) Entry will not be denied for any such or § 300.204(a) that are not positively shipment that, on the date of publica- certified, the Secretary of Commerce tion, was in transit to the United shall so notify and make recommenda- States. tions to the President, who is author- (4) Removal of negative certifications ized to direct the Secretary of Treas- and import restrictions. Upon a deter- ury to impose import prohibitions with mination by the Secretary of Com- respect to fish and fish products from merce that an identified nation that those nations; such prohibitions would was not certified positively has satis- only apply to fish and fish products factorily met the conditions in this caught by the vessels engaged in the subpart and that nation has been posi- relevant activity for which the nation tively certified, the provisions of was identified. § 300.206 shall no longer apply. The Sec- (3) Any action recommended under retary of Commerce, in cooperation paragraph (a)(2) shall be consistent with the Secretaries of Treasury, with international obligations, includ- Homeland Security, and State, will no- ing the WTO Agreement. tify such nations and will file with the (b) Imposition of import restrictions—(1) Office of the Federal Register for publi- Notification. Where the Secretary of cation notification of the removal of

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the import restrictions effective on the § 300.208 Alternative procedures for date of publication. nations identified as having vessels engaged in bycatch of PLMRs that [76 FR 2024, Jan. 12, 2011. Redesignated and are not certified in this subpart. amended at 78 FR 3343, 3345, Jan. 16, 2013] (a) These certification procedures § 300.207 Alternative procedures for may be applied to fish or fish products nations identified as having vessels from a vessel of a harvesting nation engaged in IUU fishing activities that has been identified under § 300.203 that are not certified in this sub- in the event that the Secretary cannot part. reach a certification determination for (a) These certification procedures that nation by the time of the next bi- may be applied to fish or fish products ennial report. These procedures shall from a vessel of a harvesting nation not apply to fish or fish products from that has been identified under § 300.202 identified nations that have received in the event that the Secretary cannot either a negative or a positive certifi- reach a certification determination for cation under this subpart. that nation by the time of the next bi- (b) Consistent with paragraph (a) of ennial report. These procedures shall this section, the Secretary of Com- not apply to fish or fish products from merce may allow entry of fish or fish identified nations that have received products on a shipment-by-shipment, either a negative or a positive certifi- shipper-by-shipper, or other basis if the cation under this subpart. Secretary determines that imports (b) Consistent with paragraph (a) of were harvested by practices that do not this section, the Secretary of Com- result in bycatch of a protected marine merce may allow entry of fish or fish species, or were harvested by practices products on a shipment-by-shipment, that— shipper-by-shipper, or other basis if the (1) Are comparable to those of the Secretary determines that: United States, taking into account dif- (1) The vessel has not engaged in IUU ferent conditions, and which, in the fishing under an international fishery case of pelagic longline fisheries, the management agreement to which the regulatory program of an identified na- U.S. is a party; or tion includes mandatory use of circle (2) The vessel is not identified by an hooks, careful handling and release international fishery management or- equipment, and training and observer ganization as participating in IUU fish- programs; and ing activities. (2) Include the gathering of species (c) In addition to any other import specific data that can be used to sup- documentation requirements that oth- port international and regional assess- erwise apply, fish and fish products of- ments and conservation efforts for pro- fered for entry under this section must tected living marine resources. be accompanied by certification of ad- (c) In addition to any other import missibility, for which a form is avail- documentation requirements that oth- able from NMFS. The certification of erwise apply, fish and fish products of- admissibility must be properly com- fered for entry under this section must pleted and signed by a duly authorized be accompanied by certification of ad- official of the identified nation and missibility, for which a form is avail- must be validated by a responsible offi- able from NMFS. The certification of cial(s) designated by NMFS. The cer- admissibility must be properly com- tification must also be signed by the pleted and signed by a duly authorized importer of record and submitted to official of the identified nation and NMFS in a format (electronic facsimile must be validated by a responsible offi- (fax), the Internet, etc.) specified by cial(s) designated by NMFS. The cer- NMFS. tification must also be signed by the (d) Any action recommended under importer of record and submitted to this section shall be consistent with NMFS in a format (electronic facsimile international obligations, including (fax), the Internet, etc.) specified by the WTO Agreement. NMFS. [76 FR 2024, Jan. 12, 2011. Redesignated and (d) Any action recommended under amended at 78 FR 3343, 3345, Jan. 16, 2013] this section shall be consistent with

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international obligations, including international obligations, including the WTO Agreement. the WTO Agreement. [76 FR 2024, Jan. 12, 2011. Redesignated and [78 FR 3346, Jan. 16, 2013] amended at 78 FR 3343, 3345, Jan. 16, 2013] Subpart O—Western and Central § 300.209 Alternative procedures for nations identified as having vessels Pacific Fisheries for Highly Mi- engaged in shark catch that are not gratory Species certified in this subpart. (a) These certification procedures SOURCE: 74 FR 38554, Aug. 4, 2009, unless may be applied to fish and fish prod- otherwise noted. ucts from a vessel of a harvesting na- AUTHORITY: 16 U.S.C. 6901 et seq. tion that has been identified under § 300.204 in the event that the Secretary § 300.210 Purpose and scope. cannot reach a certification determina- This subpart implements provisions tion for that nation by the time of the of the Western and Central Pacific next biennial report. These procedures Fisheries Convention Implementation shall not apply to fish and fish prod- Act (Act) and applies to persons and ucts from identified nations that have vessels subject to the jurisdiction of received either a negative or a positive the United States. certification under this subpart. (b) Consistent with paragraph (a) of § 300.211 Definitions. this section, the Secretary of Com- In addition to the terms defined in merce may allow entry of fish and fish § 300.2 and those in the Act and in the products on a shipment-by-shipment, Convention on the Conservation and shipper-by-shipper, or other basis if the Management of Highly Migratory Fish Secretary determines that imports Stocks in the Western and Central Pa- were harvested by fishing activities or cific Ocean, with Annexes (WCPF Con- practices that do not target or inciden- vention), which was adopted at Hono- tally catch sharks, or were harvested lulu, Hawaii, on September 5, 2000, by by practices that— the Multilateral High-Level Conference (1) Are comparable to those of the on Highly Migratory Fish Stocks in United States, taking into account dif- the Western and Central Pacific Ocean, the terms used in this subpart have the ferent conditions; and following meanings. (2) Include the gathering of species 1982 Convention means the United Na- specific shark data that can be used to tions Convention on the Law of the Sea support international and regional as- of 10 December 1982. sessments and conservation efforts for Active FAD is a FAD that is equipped sharks. with a buoy with a clearly marked ref- (c) In addition to any other import erence number allowing its identifica- documentation requirements that oth- tion and equipped with a satellite erwise apply, fish and fish products of- tracking system to monitor its posi- fered for entry under this section must tion. be accompanied by certification of ad- Aggregate or summary form means in- missibility, for which a form is avail- formation structured in such a way able from NMFS. The certification of which does not directly or indirectly admissibility must be properly com- disclose the identity or business of any pleted and signed by a duly authorized person who submits such information. official of the identified nation and Areas under the national jurisdiction of validated by a responsible official(s) the Parties to the Nauru Agreement designated by NMFS. The certification means the exclusive economic zones of must also be signed by the importer of the Parties to the Nauru Agreement. record and submitted to NMFS in a for- Commercial, with respect to commer- mat (electronic facsimile (fax), the cial fishing, means fishing in which the Internet, etc.) specified by NMFS. fish harvested, either in whole or in (d) Any action recommended under part, are intended to enter commerce this section shall be consistent with through sale, barter or trade.

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Commission means the Commission gitude; and 16° S. latitude and 161° W. for the Conservation and Management longitude. of Highly Migratory Fish Stocks in the Effort Limit Area for Purse Seine, or Western and Central Pacific Ocean es- ELAPS, means, within the area be- tablished in accordance with the WCPF tween 20° N latitude and 20° S latitude, Convention, including its employees areas within the Convention Area that and contractors. either are high seas or within the EEZ, Confidential information means any except for the Overlap Area. observer information or any informa- Fish aggregating device, or FAD, tion submitted to the Secretary, a means any artificial or natural floating State fishery management agency, or a object, whether anchored or not and Marine Fisheries Commission by any whether situated at the water surface person in compliance with any require- or not, that is capable of aggregating ment or regulation under the Act or fish, as well as any object used for that under the Magnuson-Stevens Fishery purpose that is situated on board a ves- Conservation and Management Act. sel or otherwise out of the water. The Conservation and management measure definition of FAD does not include a means those conservation and manage- vessel. ment measures adopted by the Com- Fishing means using any vessel, vehi- mission pursuant to Article 10 of the cle, aircraft or hovercraft for any of WCPF Convention. the following activities, or attempting Convention Area means all waters of to do so: the Pacific Ocean bounded to the south (1) Searching for, catching, taking, or and to the east by the following line: harvesting fish; From the south coast of Australia due (2) Engaging in any other activity south along the 141st meridian of east which can reasonably be expected to longitude to its intersection with the result in the locating, catching, tak- 55th parallel of south latitude; thence ing, or harvesting of fish for any pur- due east along the 55th parallel of pose; south latitude to its intersection with the 150th meridian of east longitude; (3) Placing, searching for, or recov- thence due south along the 150th me- ering fish aggregating devices or asso- ridian of east longitude to its intersec- ciated electronic equipment such as tion with the 60th parallel of south radio beacons; latitude; thence due east along the 60th (4) Engaging in any operations at sea parallel of south latitude to its inter- directly in support of, or in preparation section with the 130th meridian of west for, any of the activities previously de- longitude; thence due north along the scribed in paragraphs (1) through (3) of 130th meridian of west longitude to its this definition, including, but not lim- intersection with the 4th parallel of ited to, bunkering; south latitude; thence due west along (5) Engaging in transshipment at sea, the 4th parallel of south latitude to its either unloading or loading fish. intersection with the 150th meridian of Fishing day means, for fishing vessels west longitude; thence due north along equipped with purse seine gear, any the 150th meridian of west longitude. day in which a fishing vessel searches Cooperating Non-Member means a non- for fish, deploys a FAD, services a Member of the Commission that has FAD, or sets a purse seine, with the ex- been accorded Cooperating Non-Mem- ception of setting a purse seine solely ber status by the Commission at the for the purpose of testing or cleaning Commission’s most recent annual the gear and resulting in no catch. meeting. Fishing trip means a period that a Eastern High Seas Special Management fishing vessel spends at sea between Area means the area of the high seas port visits and during which any fish- within the area bounded by the four ing occurs. lines connecting, in the most direct Fishing vessel means any vessel used fashion, the coordinates specified as or intended for use for the purpose of follows: 11° S. latitude and 161° W. lon- fishing, including bunkering and other gitude; 11° S. latitude and 154° W. lon- support vessels, carrier vessels and gitude; 16° S. latitude and 154° W. lon- other vessels that unload or load fish

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in a transshipment, and any other ves- Member of the Commission means any sel directly involved in fishing. Contracting Party to the WCPF Con- Hawaiian Archipelago means the Main vention, and, unless otherwise stated and Northwestern Hawaiian Islands, in- in context, any territory that has been cluding Midway Atoll. authorized by an appropriate Con- High seas means the waters beyond tracting Party to participate in the the territorial sea or exclusive eco- Commission and its subsidiary bodies nomic zone (or the equivalent) of any pursuant to Article 43 of the WCPF nation, to the extent that such terri- Convention and any fishing entity that torial sea or exclusive economic zone has agreed to be bound by the regime (or the equivalent) is recognized by the established by the WCPF Convention United States. pursuant to Annex I of the WCPF Con- High seas fishing permit means a per- vention. mit issued under § 300.13. Highly migratory species (or HMS) Net sharing means the transfer of fish means any of the following species: that have not yet been loaded on board any fishing vessel from the purse seine Common name Scientific name net of one vessel to another fishing ves- Albacore ...... Thunnus alalunga. sel. Fish shall be considered to be on Pacific bluefin tuna Thunnus orientalis. board a fishing vessel once they are on Southern bluefin Thunnus maccoyii. a deck or in a hold, or once they are tuna. Bigeye tuna ...... Thunnus obesus. first lifted out of the water by the ves- Skipjack tuna ...... Katsuwonus pelamis. sel. Yellowfin tuna ...... Thunnus albacares. NOAA means the National Oceanic Little tuna ...... Euthynnus affinis. Frigate mackerel .... Auxis thazard; Auxis rochei. and Atmospheric Administration, De- Pomfrets ...... Family Bramidae. partment of Commerce. Marlins ...... Tetrapturus angustirostris; Tetrapturus Observer employer/observer provider audax; Makaira mazara; Makaira indica; Makaira nigricans. means any person that provides observ- Sail-fishes ...... Istiophorus platypterus. ers to fishing vessels, shoreside proc- Swordfish ...... Xiphias gladius. Dolphinfish ...... Coryphaena hippurus; Coryphaena essors, or stationary floating proc- equiselis. essors under a requirement of the Act Oceanic sharks ...... Hexanchus griseus; Cetorhinus or the Magnuson-Stevens Fishery Con- maximus; Family Alopiidae; servation and Management Act. Rhincodon typus; Family Carcharhinidae; Family Sphyrnidae; Observer information means any infor- Family Isuridae (or Lamnidae). mation collected, observed, retrieved, or created by an observer or electronic Longline gear means a type of fishing monitoring system pursuant to author- gear consisting of a main line that ex- ization by the Secretary, or collected ceeds 1 nautical mile in length, is sus- as part of a cooperative research initia- pended horizontally in the water col- tive, including fish harvest or proc- umn either anchored, floating, or at- essing observations, fish sampling or tached to a vessel, and from which weighing data, vessel logbook data, branch or dropper lines with hooks are vessel or processor-specific information attached; except that, within the pro- (including any safety, location, or op- tected species zone, longline gear erating condition observations), and means a type of fishing gear consisting video, audio, photographic, or written of a main line of any length that is suspended horizontally in the water col- documents. umn either anchored, floating, or at- Overlap Area means the area within ° tached to a vessel, and from which the Pacific Ocean bounded by 50 S branch or dropper lines with hooks are latitude, 4° S latitude, 150° W lon- attached, where ‘‘protected species gitude, and 130° W longitude. zone’’ is used as defined at § 665.12 of Pacific Islands Regional Administrator this title. means the Regional Administrator, Pa- Marine Fisheries Commission means cific Islands Region, NMFS, 1845 Wasp the Atlantic States Marine Fisheries Blvd., Bldg. 176, Honolulu, HI 96818, or Commission, the Gulf States Marine a designee. Fisheries Commission, or the Pacific Parties to the Nauru Agreement means States Marine Fisheries Commission. the parties to the Nauru Agreement

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Concerning Cooperation in the Man- § 300.212, supplementary to a valid high agement of Fisheries of Common Inter- seas fishing permit and expressed as an est, as specified on the Web site of the endorsement to such permit, for a fish- Parties to the Nauru Agreement at ing vessel used for commercial fishing www.pnatuna.com. for highly migratory species on the Person means any individual (wheth- high seas in the Convention Area. er or not a citizen or national of the WCPF Convention means the Conven- United States), any corporation, part- tion on the Conservation and Manage- nership, association, or other entity ment of Highly Migratory Fish Stocks (whether or not organized or existing in the Western and Central Pacific under the laws of any State), and any Ocean (including any annexes, amend- Federal, State, local, or foreign gov- ments, or protocols that are in force, ernment or any entity of any such gov- or have come into force, for the United ernment. States) that was adopted at Honolulu, Purse seine means a floated and Hawaii, on September 5, 2000, by the weighted encircling net that is closed Multilateral High-Level Conference on by means of a drawstring threaded Highly Migratory Fish Stocks in the through rings attached to the bottom Western and Central Pacific Ocean. of the net. WCPFC inspection vessel means any Special Agent-In-Charge (or SAC) vessel that is: means the Special-Agent-In-Charge, (1) Authorized by a member of the NOAA Office of Law Enforcement, Pa- Commission to be used to undertake cific Islands Division, 1845 Wasp Blvd., boarding and inspection of fishing ves- Bldg. 176, Honolulu, HI 96818; tel: 808– sels on the high seas pursuant to, and 725–6100; facsimile: 808–725–6199; email: in accordance with, Article 26 of the [email protected], or a designee. WCPF Convention and procedures es- State means each of the several tablished by the Commission pursuant States of the United States, the Dis- thereto; trict of Columbia, the Commonwealth (2) Included in the Commission’s reg- of the Northern Mariana Islands, ister of authorized inspection vessels American Samoa, Guam, and any other and authorities or inspectors, estab- commonwealth, territory, or posses- lished by the Commission in procedures sion of the United States. pursuant to Article 26 of the WCPF Transshipment means the unloading Convention; and of fish from on board one fishing vessel (3) Flying the WCPFC inspection flag and its direct transfer to, and loading established by the Commission. on board, another fishing vessel, either WCPFC inspector means a person that at sea or in port. Fish shall be consid- is authorized by a member of the Com- ered to be on board a fishing vessel mission to undertake boarding and in- once they are on a deck or in a hold, or spection of fishing vessels on the high once they are first lifted out of the seas pursuant to, and in accordance water by the vessel. Net sharing is not with, the boarding and inspection pro- a transshipment. cedures adopted by the Commission Vessel monitoring system (or VMS) under Article 26 of the WCPF Conven- means an automated, remote system tion, and referred to therein as a ‘‘duly that provides information about a ves- authorized inspector’’ or ‘‘authorized sel’s identity, location and activity, for inspector.’’ the purposes of routine monitoring, WCPFC Interim Register of Non-Mem- control, surveillance and enforcement ber Carrier and Bunker Vessels means, of area and time restrictions and other for the purposes of this subpart, the fishery management measures. WCPFC Interim Register of non-Mem- VMS unit, sometimes known as a ber Carrier and Bunker Vessels as es- ‘‘mobile transmitting unit,’’ means a tablished in the decisions of the transceiver or communications device, WCPFC and maintained on the including all hardware and software, WCPFC’s Web site at http:// that is carried and operated on a vessel www.wcpfc.int/. as part of a VMS. WCPFC observer means a person au- WCPFC Area Endorsement means the thorized by the Commission in accord- authorization issued by NMFS under ance with any procedures established

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by the Commission to undertake vessel from the Pacific Islands Regional Ad- observer duties as part of the Commis- ministrator, and submitting the com- sion’s Regional Observer Programme, plete and accurate application, signed including an observer deployed as part by the applicant, to the Pacific Islands of a NMFS-administered observer pro- Regional Administrator, along with gram or as part of another national or the required fees. sub-regional observer program, pro- (3) The application must be accom- vided that such program is authorized panied by a bow-to-stern side-view pho- by the Commission to be part of the tograph of the vessel in its current Commission’s Regional Observer Pro- form and appearance. The photograph gramme. must meet the specifications pre- WCPFC Record of Fishing Vessels scribed on the application form and means, for the purposes of this subpart, clearly show that the vessel is marked the WCPFC Record of Fishing Vessels in accordance with the vessel identi- as established in the decisions of the fication requirements of § 300.217. WCPFC and maintained on the (d) Fees. NMFS will charge a fee to WCPFC’s Web site at http:// recover the administrative expenses of www.wcpfc.int/. issuance of a WCPFC Area Endorse- WCPFC transshipment monitor means, ment. The amount of the fee will be de- with respect to transshipments that termined in accordance with the proce- take place on the high seas, a person dures of the NOAA Finance Handbook, authorized by the Commission to con- available from the Pacific Islands Re- duct transshipment monitoring on the gional Administrator, for determining high seas, and with respect to trans- administrative costs of each special shipments that take place in areas product or service. The fee is specified under the jurisdiction of a member of in the application form. The appro- the Commission other than the United priate fee must accompany each appli- States, a person authorized by such cation. Failure to pay the fee will pre- member of the Commission to conduct clude issuance of the WCPFC Area En- transshipment monitoring. dorsement. Payment by a commercial [72 FR 18405, Apr. 12, 2007, as amended at 74 instrument later determined to be in- FR 64010, Dec. 7, 2009; 75 FR 3347, Jan. 21, sufficiently funded is grounds for in- 2010; 77 FR 71509, Dec. 3, 2012; 78 FR 30778, validating the WCPFC Area Endorse- May 23, 2013; 79 FR 64110, Oct. 28, 2014; 80 FR ment. 8815, Feb. 19, 2015; 80 FR 59047, Oct. 1, 2015; 83 FR 33869, July 18, 2018; 85 FR 37388, June 22, (e) Issuance. (1) The Pacific Islands 2020] Regional Administrator will issue a WCPFC Area Endorsement within 30 § 300.212 Vessel permit endorsements. days of receipt of a complete applica- (a) Any fishing vessel of the United tion that meets the requirements of States used for commercial fishing for this section and upon payment of the HMS on the high seas in the Conven- appropriate fee. tion Area must have on board a valid (2) If an incomplete or improperly high seas fishing permit, or a copy completed application is submitted, thereof, that has a valid WCPFC Area the Pacific Islands Regional Adminis- Endorsement, or a copy thereof. trator will notify the applicant of such (b) Eligibility. Only a fishing vessel deficiency within 30 days of the date of that has a valid high seas fishing per- receipt of the application. If the appli- mit is eligible to receive a WCPFC cant fails to correct the deficiency and Area Endorsement. send a complete and accurate applica- (c) Application. (1) A WCPFC Area En- tion to the Pacific Islands Regional Ad- dorsement may be applied for at the ministrator within 30 days of the date same time the underlying high seas of the notification of deficiency, the permit is applied for, or at any time application will be considered with- thereafter. drawn and no further action will be (2) The owner or operator of a high taken to process the application. Fol- seas fishing vessel may apply for a lowing withdrawal, the applicant may WCPFC Area Endorsement by com- at any time submit a new application pleting an application form, available for consideration.

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(f) Validity. A WCPFC Area Endorse- tograph of the vessel in its current ment issued under this subpart expires form and appearance, and the photo- upon the expiration of the underlying graph must meet the specifications high seas fishing permit, and shall be prescribed on the application form. If void whenever the underlying high seas any of the submitted information fishing permit is void, suspended, sanc- changes, the vessel owner or operator tioned or revoked. A WCPFC Area En- must report the updated information dorsement is also subject to suspension to the Pacific Islands Regional Admin- or revocation independent of the high istrator in writing within 15 days of the seas fishing permit. Renewal of a change. WCPFC Area Endorsement prior to its (b) If any of the information or the expiration is the responsibility of the vessel photograph required under para- WCPFC Area Endorsement holder. graph (a) of this section has been sub- (g) Change in application information. mitted for the subject vessel on an ap- Any change in the required informa- plication for a high seas fishing permit tion provided in an approved or pend- or an application for a WCPFC Area ing application for a WCPFC Area En- Endorsement, then the requirements of dorsement must be reported by the ves- paragraph (a) of this section will be sel owner or operator to the Pacific Is- deemed satisfied. However, in order to lands Regional Administrator in writ- satisfy this requirement, the high seas ing within 15 days of such change. fishing permit or WCPFC Area En- (h) Transfer. A WCPFC Area Endorse- dorsement must be valid, the informa- ment issued under this subpart is valid tion provided must be true, accurate only for the vessel, owner, and high and complete, and in the case of a ves- seas fishing permit to which it is issued sel photograph, it must meet the speci- and is not transferable or assignable to fications prescribed on the form used another high seas fishing permit or to for the purpose of submitting the pho- another vessel. tograph under this section. (i) Display. A valid WCPFC Area En- [75 FR 3349, Jan. 21, 2010] dorsement, or a photocopy or facsimile copy thereof, issued under this subpart § 300.214 Compliance with laws of must be on board the vessel and avail- other nations. able for inspection by any authorized (a) The owner and operator of a fish- officer while the vessel is at sea and ing vessel of the United States with a must be available for inspection by any WCPFC Area Endorsement or for which WCPFC inspector while the vessel is on a WCPFC Area Endorsement is re- the high seas in the Convention Area. quired: [75 FR 3349, Jan. 21, 2010] (1) May not use the vessel for fishing, retaining fish on board, or landing fish § 300.213 Vessel information. in areas under the jurisdiction of a na- (a) The owner or operator of any fish- tion other than the United States un- ing vessel of the United States that is less any license, permit, or other au- used for fishing for HMS in the Conven- thorization that may be required by tion Area in waters under the jurisdic- such other nation for such activity has tion of any nation other than the been issued with respect to the vessel. United States must, prior to the com- (2) Shall, when the vessel is in the mencement of such fishing, submit to Convention Area in areas under the ju- the Pacific Islands Regional Adminis- risdiction of a member of the Commis- trator information about the vessel sion other than the United States, op- and its ownership and operation, and erate the vessel in compliance with, the authorized fishing activities, in- and ensure its crew complies with, the cluding copies of any permits, licenses, applicable national laws of such mem- or authorizations issued for such ac- ber. tivities, as specified on forms available (b) The owner and operator of a fish- from the Pacific Islands Regional Ad- ing vessel of the United States shall ministrator. The owner or operator of ensure that: such a fishing vessel must also submit (1) The vessel is not used for fishing to the Pacific Islands Regional Admin- for HMS, retaining HMS on board, or istrator a bow-to-stern side-view pho- landing HMS in the Convention Area in

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areas under the jurisdiction of a nation during the business day (8 a.m. to 5 other than the United States unless p.m. Hawaii Standard Time). If appli- any license, permit, or other authoriza- cable, notice may be provided in con- tion that may be required by such junction with the notice required under other nation for such activity has been § 665.803(a) of this title. issued with respect to the vessel. (c) Accommodating observers. (1) Fish- (2) If the vessel is used for commer- ing vessels specified in paragraphs cial fishing for HMS, including trans- (a)(1) and (2) of this section must carry, shipment of HMS, in the Convention when directed to do so by NMFS, a Area in areas under the jurisdiction of WCPFC observer on fishing trips dur- a member of the Commission other ing which the vessel at any time enters than the United States, the vessel is or is within any part of the Convention operated in compliance with, and the Area other than the Overlap Area. The vessel crew complies with, the applica- operator and each member of the crew ble laws of such member, including any of the fishing vessel shall act in accord- laws related to carrying vessel observ- ance with paragraphs (c)(3), (4), and (5) ers or the operation of VMS units. of this section with respect to any (c) For the purpose of this section, WCPFC observer. the meaning of transshipment does not include transfers that exclusively in- (2) Fishing vessels specified in para- volve fish that have been previously graph (a)(3) of this section must carry landed and processed. an observer when required to do so under paragraph (d) of this section, ex- [75 FR 3349, Jan. 21, 2010] cept for within the Overlap Area. The operator and each member of the crew § 300.215 Observers. of the fishing vessel shall act in accord- (a) Applicability. This section applies ance with paragraphs (c)(3), (4), and (5) to the following categories of fishing of this section, as applicable, with re- vessels: spect to any WCPFC observer. (1) Any fishing vessel of the United (3) The operator and crew shall allow States with a WCPFC Area Endorse- and assist WCPFC observers to: ment. (i) Embark at a place and time deter- (2) Any fishing vessel of the United mined by NMFS or otherwise agreed to States for which a WCPFC Area En- by NMFS and the vessel operator; dorsement is required. (ii) Have access to and use of all fa- (3) Any fishing vessel of the United States used for commercial fishing cilities and equipment as necessary to that receives or offloads in the Conven- conduct observer duties, including, but tion Area a transshipment of HMS at not limited to: Full access to the sea. bridge, the fish on board, and areas (b) Notifications. The owner or oper- which may be used to hold, process, ator of a vessel required to carry a weigh and store fish; full access to the WCPFC observer under paragraph (d) of vessel’s records, including its logs and this section during a given fishing trip documentation, for the purpose of in- must ensure the provision of notice to spection and copying; access to, and the Pacific Islands Regional Adminis- use of, navigational equipment, charts trator at least 72 hours (exclusive of and radios; and access to other infor- weekends and Federal holidays) before mation relating to fishing; the vessel leaves port on the fishing (iii) Remove samples; trip, indicating the need for an ob- (iv) Disembark at a place and time server. The notice must be provided to determined by NMFS or otherwise the office or telephone number des- agreed to by NMFS and the vessel oper- ignated by the Pacific Islands Regional ator; and Administrator and must include the of- (v) Carry out all duties safely. ficial number of the vessel, the name of (4) The operator shall provide the the vessel, the intended departure date, WCPFC observer, while on board the time, and location, the name of the op- vessel, with food, accommodation and erator of the vessel, and a telephone medical facilities of a reasonable number at which the owner, operator, standard equivalent to those normally or a designated agent may be contacted available to an officer on board the

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vessel, at no expense to the WCPFC ob- in the Overlap Area, and only includes server. fish caught in such waters; or (5) The operator and crew shall not (vi) The transshipment is an emer- assault, obstruct, resist, delay, refuse gency, as specified under § 300.216(b)(4). boarding to, intimidate, harass or (e) Related observer requirements. Ob- interfere with WCPFC observers in the servers deployed by NMFS pursuant to performance of their duties, or attempt regulations issued under other statu- to do any of the same. tory authorities on vessels used for (d) Transshipment observer coverage— fishing for HMS in the Convention (1) Receiving vessels. Any fishing vessel Area will be deemed by NMFS to have of the United States used for commer- been deployed pursuant to this section. cial fishing that receives in the Con- vention Area a transshipment of HMS [77 FR 71509, Dec. 3, 2012, as amended at 85 at sea must have a WCPFC observer on FR 37388, June 22, 2020] board during such transshipment un- § 300.216 Transshipping, bunkering less at least one of the following sets of and net sharing. conditions applies: (i) The vessel is less than or equal to (a) Transshipment monitoring. [Re- 33 meters in registered length, the served] transshipment does not include any (b) Restrictions on transshipping and fish caught by purse seine gear, the bunkering—(1) Restrictions on trans- transshipment does not include any shipments involving purse seine fishing frozen fish caught by longline gear, vessels. (i) Fish may not be trans- and, during the transshipment, there is shipped from a fishing vessel of the a WCPFC observer on board the vessel United States equipped with purse that offloads the transshipment; seine gear at sea in the Convention (ii) The transshipment takes place Area, and a fishing vessel of the United entirely within the territorial seas or States may not be used to receive a archipelagic waters of any nation, as transshipment of fish from a fishing defined by the domestic laws and regu- vessel equipped with purse seine gear lations of that nation and recognized at sea in the Convention Area. by the United States, or entirely with- (ii) Fish caught in the Convention in the Overlap Area, and only includes Area may not be transshipped from a fish caught in such waters; or fishing vessel of the United States (iii) The transshipment is an emer- equipped with purse seine gear at sea, gency, as specified under § 300.216(b)(4). and a fishing vessel of the United (2) Offloading vessels. Any fishing ves- States may not be used to receive a sel of the United States used for com- transshipment of fish caught in the mercial fishing that offloads a trans- Convention Area from a fishing vessel shipment of HMS at sea in the Conven- equipped with purse seine gear at sea. tion Area must have a WCPFC observer (2) Restrictions on at-sea trans- on board, unless one or more of the fol- shipments. If a transshipment takes lowing conditions apply: place entirely within the territorial (i) The vessel that receives the trans- seas or archipelagic waters of any na- shipment has a WCPFC observer on tion, as defined by the domestic laws board; and regulations of that nation and rec- (ii) The vessel that receives the ognized by the United States, or en- transshipment is greater than 33 me- tirely within the Overlap Area, and ters in registered length; only includes fish caught within such (iii) The transshipment includes fish waters, this paragraph does not apply. caught by purse seine gear; (i) The owner and operator of a fish- (iv) The transshipment includes fro- ing vessel of the United States used for zen fish caught by longline gear; commercial fishing that offloads or re- (v) The transshipment takes place ceives a transshipment of HMS at sea entirely within the territorial seas or in the Convention Area must ensure archipelagic waters of any nation, as that a WCPFC observer is on board at defined by the domestic laws and regu- least one of the vessels involved in the lations of that nation and recognized transshipment for the duration of the by the United States, or entirely with- transshipment.

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(ii) A fishing vessel of the United provisions is on the WCPFC Record of States used for commercial fishing Fishing Vessels; or that receives transshipments of HMS (C) The other vessel involved in the at sea in the Convention Area shall not bunkering or exchange of supplies or receive such transshipments from more provisions is on the WCPFC Interim than one vessel at a time unless there Register of Non-Member Carrier and is a separate WCPFC observer available Bunker Vessels. on either the offloading or receiving (4) Emergency transshipments. The re- vessel to monitor each additional strictions in paragraphs (b)(1), (b)(2), transshipment. and (b)(3)(i) of this section shall not (3) General restrictions on transshipping apply to a transshipment conducted and bunkering—(i) Transshipment. Only under circumstances of force majeure fishing vessels that are authorized to or other serious mechanical breakdown be used for fishing in the EEZ may en- that could reasonably be expected to gage in transshipment in the EEZ. Any threaten the health or safety of the fishing vessel of the United States used vessel or crew or cause a significant fi- for commercial fishing shall not be nancial loss through fish spoilage. used to offload or receive a trans- (c) Net sharing restrictions. (1) The shipment of HMS in the Convention owner and operator of a fishing vessel Area unless one or more of the fol- of the United States shall not conduct lowing is satisfied: net sharing in the Convention Area, ex- (A) The other vessel involved in the cept for within the Overlap Area, un- transshipment is flagged to a Member less all of the following conditions are or Cooperating Non-Member of the met: Commission; (i) The vessel transferring the fish is (B) The other vessel involved in the a fishing vessel of the United States transshipment is on the WCPFC Record equipped with purse seine gear; of Fishing Vessels; (ii) The vessel transferring the fish (C) The other vessel involved in the has insufficient well space for the fish; transshipment is on the WCPFC In- (iii) The vessel transferring the fish terim Register of Non-Member Carrier engages in no additional purse seine and Bunker Vessels; or sets during the remainder of the fish- (D) The transshipment takes place ing trip; and entirely within the territorial seas or (iv) The vessel accepting the fish is a archipelagic waters of any nation, as fishing vessel of the United States defined by the domestic laws and regu- equipped with purse seine gear. lations of that nation and recognized (2) Only fishing vessels of the United by the United States, or entirely with- States that are authorized to be used in the Overlap Area, and only includes for fishing in the EEZ may engage in fish caught within such waters. net sharing in the EEZ, subject to the (ii) Bunkering, supplying and provi- provisions of paragraph (c)(1) of this sioning. Only fishing vessels that are section. authorized to be used for fishing in the [77 FR 71510, Dec. 3, 2012, as amended at 85 EEZ may engage in bunkering in the FR 37389, June 22, 2020] EEZ. A fishing vessel of the United States used for commercial fishing for § 300.217 Vessel identification. HMS shall not be used to provide bun- (a) General. (1) A fishing vessel must kering, to receive bunkering, or to ex- be marked in accordance with the re- change supplies or provisions with an- quirements of this section in order for other vessel in the Convention Area, a WCPFC Area Endorsement to be except for the Overlap Area, unless one issued for the fishing vessel. or more of the following is satisfied: (2) Any fishing vessel of the United (A) The other vessel involved in the States with a WCPFC Area Endorse- bunkering or exchange of supplies or ment or for which a WCPFC Area En- provisions is flagged to a Member or a dorsement is required shall be marked Cooperating Non-Member of the Com- for identification purposes in accord- mission; ance with this section, and all parts of (B) The other vessel involved in the such markings shall be clear, distinct, bunkering or exchange of supplies or uncovered, and unobstructed.

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(3) Any boat, skiff, or other identification number scheme, is un- watercraft carried on board the fishing able to obtain an IMO number for the vessel shall be marked with the same fishing vessel, the fishing vessel owner identification markings as required may request an exemption from the re- under this section for the fishing vessel quirement from the Pacific Islands Re- and shall be marked in accordance with gional Administrator. The request this section. must be sent by mail to the Pacific Is- (b) Marking. (1) Vessels shall be lands Regional Administrator or by marked in accordance with the identi- email to [email protected] and must fication requirements of § 300.336(b)(2), include the vessel’s name, the vessel’s and if an IRCS has not been assigned to official number, a description of the the vessel, then the Federal, State, or steps taken to request an IMO number, other documentation number used in and a description of any responses from lieu of the IRCS must be preceded by the administrator of the IMO ship iden- the characters ‘‘USA’’ and a hyphen tification number scheme. (that is, ‘‘USA-’’). (4) Upon receipt of a request for an (2) With the exception of the vessel’s exemption under paragraph (c)(3) of name and hailing port, the marking re- this section, the Pacific Islands Re- quired in this section shall be the only gional Administrator will, to the ex- vessel identification mark consisting tent he or she determines appropriate, of letters and numbers to be displayed assist the fishing vessel owner in re- on the hull and superstructure. questing an IMO number. If the Pacific (c) IMO numbers. (1) For the purpose Islands Regional Administrator deter- of this section, an IMO number is the mines that it is infeasible or imprac- unique number issued for a vessel tical for the fishing vessel owner to ob- under the ship identification number tain an IMO number for the fishing ves- scheme established by the Inter- sel, he or she will issue an exemption national Maritime Organization or, for from the requirements of paragraph vessels that are not strictly subject to (c)(2) of this section for the subject that scheme, the unique number issued fishing vessel and its owner and notify by the administrator of that scheme the fishing vessel owner of the exemp- using the scheme’s numbering format, tion. The Pacific Islands Regional Ad- sometimes known as a Lloyd’s Register ministrator may limit the duration of number or LR number. the exemption. The Pacific Islands Re- (2) The owner of a fishing vessel of gional Administrator may rescind an the United States used for commercial exemption at any time. If an exemp- fishing for HMS in the Convention tion is rescinded, the fishing vessel Area, either on the high seas or in wa- owner must comply with the require- ters under the jurisdiction of any na- ments of paragraph (c)(2) of this section other than the United States, tion within 30 days of being notified of shall request and obtain an IMO num- the rescission. If the ownership of a ber for the vessel if the gross tonnage fishing vessel changes, an exemption of the vessel, as indicated on the ves- issued to the former fishing vessel sel’s current Certificate of Documenta- owner becomes void. tion issued under 46 CFR part 67, is at [75 FR 3350, Jan. 21, 2010, as amended at 76 least 100 GRT or 100 GT ITC. An IMO FR 73520, Nov. 29, 2011; 80 FR 59047, Oct. 1, number may be requested for a vessel 2015; 83 FR 33869, July 18, 2018] by following the instructions given by the administrator of the IMO ship iden- § 300.218 Reporting and recordkeeping tification number scheme; those in- requirements. structions are currently available on (a) Fishing reports—(1) General. The the Web site of IHS Maritime, at: owner or operator of any fishing vessel www.imonumbers.lrfairplay. com/de- of the United States used for commer- fault.aspx. cial fishing for HMS in the Pacific (3) In the event that the owner of a Ocean must maintain and report to fishing vessel subject to the require- NMFS catch and effort and other oper- ment of paragraph (c)(2) of this section, ational information for all such fishing after following the instructions given activities. The reports must include at by the administrator of the IMO ship a minimum: identification information

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for the vessel; description of fishing cies and amounts of fish retained and gear used; dates, times and locations of discarded. All information specified by fishing; and species and amounts of fish the Pacific Islands Regional Adminis- retained and discarded. trator on such forms must be recorded (2) Reporting options. Vessel owners on paper or electronically within 24 and operators shall be deemed to meet hours of the completion of each fishing the recordkeeping and reporting re- day. The information recorded must, quirements of paragraph (a)(1) of this for each fishing day, include a dated section by satisfying all applicable signature of the vessel operator or catch and effort reporting require- other type of authentication as speci- ments as listed below: fied by the Pacific Islands Regional Ad- (i) Western Pacific pelagic fisheries. ministrator. The vessel operator must, Fishing activities subject to the re- unless otherwise specified by the Pa- porting requirements of § 665.14 of this cific Islands Regional Administrator, title must be maintained and reported submit the information for each fishing in the manner specified in that section. day to the Pacific Islands Regional Ad- (ii) West Coast HMS fisheries. Fishing ministrator within 72 hours of the first activities subject to the reporting re- landing or port call after the fishing quirements of § 660.708(a) of this title day, and must submit the information must be maintained and reported in in the manner specified by the Pacific the manner specified in that section. Islands Regional Administrator. (iii) Pacific tuna fisheries. Fishing ac- (3) Exceptions. (i) Catch and effort in- tivities subject to the reporting re- formation for fishing activities that quirements of § 300.22 must be main- take place in waters under State juris- tained and reported in the manner diction must be maintained and re- specified in that section. ported only in cases where the report- (iv) South Pacific tuna fisheries. Fish- ing of such activity is required under ing activities subject to the reporting State law or under Federal regulations requirements of § 300.34(c)(1) must be at §§ 300.22 and 300.34, and §§ 660.708 and maintained and reported in the manner 665.14 of this title. specified in that section. (ii) Catch and effort information for (v) High seas fisheries. Fishing activi- fishing activities that take place in wa- ties subject to the reporting require- ters under Federal jurisdiction around ments of § 300.341 must be maintained American Samoa, Guam and the North- and reported in the manner specified in ern Mariana Islands need not be re- § 300.341(a). ported under this section unless report- (vi) Canada albacore fisheries. Fishing ing of such activity is required under activities subject to the reporting re- regulations in chapter VI of this title. quirements of § 300.174 must be main- (b) Transshipment reports. The owner tained and reported in the manner and operator of any fishing vessel of specified in that section. the United States used for commercial (vii) State-regulated fisheries. Catch fishing that offloads or receives a and effort information for fishing ac- transshipment of HMS in the Conven- tivities for which reporting of effort, tion Area, or a transshipment any- catch, and/or landings is required under where of HMS caught in the Conven- State law must be maintained and re- tion Area, must ensure that a trans- ported in the manner specified under shipment report for the transshipment such State law. is completed, using a form that is (viii) Other fisheries. All other fishing available from the Pacific Islands Re- activities subject to the requirement of gional Administrator, and recording all paragraph (a)(1) of this section must be the information specified on the form. recorded on paper or electronic forms The owner and operator of the vessel specified or provided by the Pacific Is- must ensure that the transshipment re- lands Regional Administrator. Such port is completed and signed within 24 forms will specify the information re- hours of the completion of the trans- quired, which may include: Identifica- shipment, and must ensure that the re- tion information for the vessel; de- port is submitted as follows: scription of fishing gear used; dates, (1) For vessels licensed under § 300.32, times and locations of fishing; and spe- the original transshipment report is

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submitted to the address specified by trator no later than 72 hours after com- the Pacific Islands Regional Adminis- pletion of the transshipment. trator by the due date specified at (c) Exceptions to transshipment report- § 300.34(c)(2) for submitting the trans- ing requirements. Paragraph (b) of this shipment logsheet form to the Admin- section shall not apply to a trans- istrator as defined at § 300.31. shipment that takes place entirely (2) For vessels registered for use within the territorial seas or under § 660.707 of this title, the original archipelagic waters of any nation, as transshipment report is submitted to defined by the domestic laws and regu- the address specified by the Pacific Is- lations of that nation and recognized lands Regional Administrator by the by the United States, and only includes due date specified for the logbook form fish caught within such waters. at § 660.708 of this title. (d) Transshipment notices—(1) High (3) For vessels subject to the require- seas transshipments. The owner and op- ments of § 665.14(c) and § 665.801(e) of erator of a fishing vessel of the United this title, and not subject to the re- States used for commercial fishing quirements of paragraphs (b)(1) or that offloads or receives a trans- (b)(2) of this section, the original transshipment of HMS on the high seas in shipment report is submitted to the ad- the Convention Area, or a trans- dress specified by the Pacific Islands shipment of HMS caught in the Con- Regional Administrator by the due vention Area anywhere on the high date specified at § 665.14(c) of this title seas, and not subject to the require- for submitting transshipment logbooks ments of paragraph (d)(2) of this sec- to the Pacific Islands Regional Admin- tion, must ensure that a notice is sub- istrator for landings of western Pacific mitted to the Commission by fax or pelagic management unit species. email at least 36 hours prior to the start of such transshipment at the ad- (4) For all transshipments on the dress specified by the Pacific Islands high seas and emergency trans- Regional Administrator, and that a shipments that meet the conditions de- copy of that notice is submitted to scribed in § 300.216(b)(4), including NMFS at the address specified by the transshipments involving the cat- Pacific Islands Regional Administrator egories of vessels specified in para- at least 36 hours prior to the start of graphs (b)(1), (b)(2), and (b)(3) of this the transshipment. The notice must be section, the report is submitted by fax reported in the format provided by the or email to the address specified by the Pacific Islands Regional Administrator Pacific Islands Regional Administrator and must contain the following infor- no later than 10 calendar days after mation: completion of the transshipment. The (i) The name of the offloading vessel. report may be submitted with or with- (ii) The vessel identification mark- out signatures so long as the original ings located on the hull or super- transshipment report with signatures structure of the offloading vessel. is submitted to the address specified by (iii) The name of the receiving vessel. the Pacific Islands Regional Adminis- (iv) The vessel identification mark- trator no later than 15 calendar days ings located on the hull or super- after the vessel first enters into port or structure of the receiving vessel. 15 calendar days after completion of (v) The expected amount, in metric the transshipment for emergency tons, of fish product to be trans- transshipments in port. shipped, broken down by species and (5) For all other transshipments at processed state. sea, the original transshipment report (vi) The expected date or dates of the is submitted to the address specified by transshipment. the Pacific Islands Regional Adminis- (vii) The expected location of the trator no later than 72 hours after the transshipment, including latitude and vessel first enters into port. longitude to the nearest tenth of a de- (6) For all other transshipments in gree. port, the original transshipment report (viii) An indication of which one of is submitted to the address specified by the following areas the expected trans- the Pacific Islands Regional Adminis- shipment location is situated: high

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seas inside the Convention Area; high tual transshipment location is situ- seas outside the Convention Area; or ated: High seas inside the Convention an area under the jurisdiction of a par- Area; high seas outside the Convention ticular nation, in which case the na- Area; or an area under the jurisdiction tion must be specified. of a particular nation, in which case (ix) The expected amount of HMS to the nation must be specified. be transshipped, in metric tons, that (ix) The amount of HMS to be trans- was caught in each of the following shipped, in metric tons, that was areas: inside the Convention Area, on caught in each of the following areas: the high seas; outside the Convention inside the Convention Area, on the Area, on the high seas; and within high seas; outside the Convention Area, areas under the jurisdiction of par- on the high seas; and within areas ticular nations, with each such nation under the jurisdiction of particular na- and the associated amount specified. tions, with each such nation and the This information is not required if the associated amount specified. This in- reporting vessel is the receiving vessel. formation is not required if the report- (2) Emergency transshipments. The ing vessel is the receiving vessel. owner and operator of a fishing vessel (x) The reason or reasons for the of the United States used for commer- emergency transshipment (i.e., a trans- cial fishing for HMS that offloads or re- shipment conducted under cir- ceives a transshipment of HMS in the cumstances of force majeure or other Convention Area, or a transshipment of serious mechanical breakdown that HMS caught in the Convention Area could reasonably be expected to threat- anywhere, that is allowed under en the health or safety of the vessel or § 300.216(b)(4) but would otherwise be crew or cause a significant financial prohibited under the regulations in loss through fish spoilage). this subpart, must ensure that a notice (3) Location of high seas and emergency is submitted by fax or email to the transshipments. A high seas or emer- Commission at the address specified by gency transshipment in the Convention the Pacific Islands Regional Adminis- Area or of HMS caught in the Conven- trator, and a copy is submitted to tion Area anywhere subject to the noti- NMFS at the address specified by the fication requirements of paragraph Pacific Islands Regional Administrator (d)(1) or (d)(2) must take place within within twelve hours of the completion 24 nautical miles of the location for the of the transshipment. The notice must transshipment indicated in the notice be reported in the format provided by submitted under paragraph (d)(1)(vii) the Pacific Islands Regional Adminis- or (d)(2)(vii) of this section. trator and must contain the following (e) Purse seine discard reports. The information: owner and operator of any fishing ves- (i) The name of the offloading vessel. sel of the United States equipped with (ii) The vessel identification mark- purse seine gear must ensure that a re- ings located on the hull or super- port of any at-sea discards of any big- structure of the offloading vessel. eye tuna (Thunnus obesus), yellowfin (iii) The name of the receiving vessel. tuna (Thunnus albacares), or skipjack (iv) The vessel identification mark- tuna (Katsuwonus pelamis) caught in ings located on the hull or super- the Convention Area is completed, structure of the receiving vessel. using a form that is available from the (v) The expected or actual amount, in Pacific Islands Regional Adminis- metric tons, of fish product trans- trator, and recording all the informa- shipped, broken down by species and tion specified on the form. The report processed state. must be submitted within 48 hours (vi) The expected or actual date or after any discard to the Commission by dates of the transshipment. fax or email at the address specified by (vii) The expected or actual location the Pacific Islands Regional Adminis- of the transshipment, including lati- trator. A copy of the report must be tude and longitude to the nearest tenth submitted to NMFS at the address of a degree. specified by the Pacific Islands Re- (viii) An indication of which one of gional Administrator by fax or email the following areas the expected or ac- within 48 hours after any such discard.

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A hard copy of the report must be pro- laws and regulations of that nation and vided to the observer on board the ves- recognized by the United States. sel, if any. [75 FR 3350, Jan. 21, 2010, as amended at 77 (f) Net sharing reports—(1) Transferring FR 71511, Dec. 3, 2012; 79 FR 77943, Dec. 29, vessels. The owner and operator of a 2014; 80 FR 8815, Feb. 19, 2015; 80 FR 59048, fishing vessel of the United States Oct. 1, 2015; 83 FR 33869, July 18, 2018] equipped with purse seine gear that EFFECTIVE DATE NOTE: At 85 FR 37389, June transfers fish to another fishing vessel 22, 2020, § 300.218 was amended by revising equipped with purse seine gear under paragraphs (c), (d)(1) introductory text, (d)(2) § 300.216(c) shall ensure that the introductory text, and (e); adding introductory text to paragraph (f); and revising para- amount, by species, of fish transferred, graphs (g) and (h). These amendments are de- as well as the net sharing activity, is layed indefinitely. For the convenience of recorded on the catch report forms the user, the added and revised text is set maintained pursuant to § 300.34(c)(1), in forth as follows: the format specified by the Pacific Is- § 300.218 Reporting and recordkeeping re- lands Regional Administrator. quirements. (2) Accepting vessels. The owner and operator of a fishing vessel of the * * * * * United States equipped with purse (c) Exceptions to transshipment reporting re- seine gear that accepts fish from an- quirements. Paragraph (b) of this section other purse seine fishing vessel under shall not apply to a transshipment that § 300.216(c) shall ensure that the net takes place entirely within the Overlap Area sharing activity is recorded on the or within the territorial seas or archipelagic waters of any nation, as defined by the do- catch report forms maintained pursu- mestic laws and regulations of that nation ant to § 300.34(c)(1), in the format speci- and recognized by the United States, and fied by the Pacific Islands Regional Ad- only includes fish caught within such waters. ministrator. (d) * * * (g) Daily purse seine fishing effort re- (1) High seas transshipments. This section shall not apply to a transshipment that ports. If directed by NMFS, the owner takes place entirely within the Overlap Area or operator of any fishing vessel of the and only includes fish caught within such United States equipped with purse waters. The owner and operator of a fishing seine gear must report to NMFS, for vessel of the United States used for commer- the period and in the format and man- cial fishing that offloads or receives a transshipment of HMS on the high seas in the ner directed by the Pacific Islands Re- Convention Area or a transshipment of HMS gional Administrator, within 24 hours caught in the Convention Area anywhere on of the end of each day that the vessel the high seas and not subject to the require- is at sea in the Convention Area, the ments of paragraph (d)(2) of this section, activity of the vessel (e.g., setting, must ensure that a notice is submitted to transiting, searching), location and the Commission by fax or email at least 36 hours prior to the start of such trans- type of set, if a set was made during shipment at the address specified by the Pa- that day. cific Islands Regional Administrator, and (h) Whale shark encirclement reports. that a copy of that notice is submitted to The owner and operator of a fishing NMFS at the address specified by the Pacific vessel of the United States used for Islands Regional Administrator at least 36 hours prior to the start of the trans- commercial fishing in the Convention shipment. The notice must be reported in the Area that encircles a whale shark format provided by the Pacific Islands Re- (Rhincodon typus) with a purse seine in gional Administrator and must contain the the Convention Area shall ensure that following information: the incident is recorded by the end of the day on the catch report forms * * * * * maintained pursuant to § 300.34(c)(1), in (2) Emergency transshipments. This section the format specified by the Pacific Is- shall not apply to a transshipment that lands Regional Administrator. This takes place entirely within the Overlap Area paragraph does not apply to the terri- and only includes fish caught within such torial seas or archipelagic waters of waters. The owner and operator of a fishing vessel of the United States used for commer- any nation, as defined by the domestic cial fishing for HMS that offloads or receives

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a transshipment of HMS in the Convention the catch report forms maintained pursuant Area or a transshipment of HMS caught in to § 300.34(c)(1), in the format specified by the the Convention Area anywhere that is al- Pacific Islands Regional Administrator. This lowed under § 300.216(b)(4) but would other- paragraph (h) does not apply in the terri- wise be prohibited under the regulations in torial seas or archipelagic waters of any na- this subpart, must ensure that a notice is tion, as defined by the domestic laws and submitted by fax or email to the Commission regulations of that nation and recognized by at the address specified by the Pacific Is- the United States, or in the Overlap Area. lands Regional Administrator, and a copy is submitted to NMFS at the address specified § 300.219 Vessel monitoring system. by the Pacific Islands Regional Adminis- (a) SAC and VMS Helpdesk contact in- trator within 12 hours of the completion of the transshipment. The notice must be re- formation and business hours. For the ported in the format provided by the Pacific purpose of this section, the following Islands Regional Administrator and must contact information applies: contain the following information: (1) SAC. Address: 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818; telephone: * * * * * 808–725–6100; facsimile: 808–725–6199; email: [email protected]; business (e) Purse seine discard reports. The owner and operator of any fishing vessel of the hours: Monday through Friday, except United States equipped with purse seine gear Federal holidays, 8 a.m. to 4:30 p.m., must ensure that a report of any at-sea dis- Hawaii Standard Time. cards of any bigeye tuna (Thunnus obesus), (2) VMS Helpdesk. Telephone: 888–219– yellowfin tuna (Thunnus albacares), or skip- 9228; email: [email protected]; busi- jack tuna (Katsuwonus pelamis) caught in the ness hours: Monday through Friday, Convention Area, except for within the Over- except Federal holidays, 7 a.m. to 11 lap Area, is completed, using a form that is available from the Pacific Islands Regional p.m., Eastern Time. Administrator, and recording all the infor- (b) Applicability. This section applies mation specified on the form. The report to any fishing vessel of the United must be submitted within 48 hours after any States with a WCPFC Area Endorse- discard to the Commission by fax or email at ment or for which a WCPFC Area En- the address specified by the Pacific Islands dorsement is required. Regional Administrator. A copy of the report (c) Provision of vessel position informa- must be submitted to NMFS at the address tion—(1) VMS unit. The vessel owner specified by the Pacific Islands Regional Ad- ministrator by fax or email within 48 hours and operator shall install and maintain after any such discard. A hard copy of the re- on the fishing vessel, in accordance port must be provided to the observer on with instructions provided by the SAC board the vessel, if any. and the VMS unit manufacturer, a (f) Net sharing reports. This paragraph (f) VMS unit that is type-approved by does not apply to net sharing activity within NMFS for fisheries governed under the the Overlap Area. Act. The vessel owner and operator shall arrange for a NMFS-approved mo- * * * * * bile communications service provider (g) Daily purse seine fishing effort reports. If to receive and relay transmissions directed by NMFS, the owner or operator of from the VMS unit to NMFS. NMFS any fishing vessel of the United States makes available lists of type-approved equipped with purse seine gear must report VMS units and approved mobile com- to NMFS, for the period and in the format munications service providers. NMFS and manner directed by the Pacific Islands and the Commission are authorized to Regional Administrator, within 24 hours of the end of each day that the vessel is at sea receive and relay transmissions from in the Convention Area, except for within the VMS unit. the Overlap Area, the activity of the vessel (2) VMS unit activation. If the VMS (e.g., setting, transiting, searching), location unit has not yet been activated as de- and type of set, if a set was made during that scribed in this paragraph, or if the day. VMS unit has been newly installed or (h) Whale shark encirclement reports. The reinstalled, or if the mobile commu- owner and operator of a fishing vessel of the nications service provider has changed United States used for commercial fishing in the Convention Area that encircles a whale since the previous activation, or if di- shark (Rhincodon typus) with a purse seine in rected by the SAC, the vessel owner the Convention Area shall ensure that the and operator shall, prior to the vessel incident is recorded by the end of the day on leaving port:

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(i) Turn on the VMS unit to make it (i) If the vessel is at port: The vessel operational; owner or operator shall repair or re- (ii) Submit a written activation replace the VMS unit and ensure it is op- port, via mail, facsimile or e-mail, to erable before the vessel leaves port. the SAC, that includes: the vessel’s (ii) If the vessel is at sea: The vessel name; the vessel’s official number; the owner, operator, or designee shall con- VMS unit manufacturer and identifica- tact the SAC by telephone, facsimile, tion number; and telephone, facsimile or e-mail at the earliest opportunity or e-mail contact information for the during the SAC’s business hours and vessel owner or operator; and identify the caller and vessel. The ves- (iii) Receive verbal or written con- sel operator shall follow the instruc- firmation from the SAC that proper tions provided by the SAC, which could transmissions are being received from include, but are not limited to: ceasing the VMS unit. fishing, stowing fishing gear, returning (3) VMS unit operation. The vessel to port, and/or submitting periodic po- owner and operator shall continuously sition reports at specified intervals by operate the VMS unit at all times, ex- other means; and, repair or replace the cept that the VMS unit may be shut VMS unit and ensure it is operable be- down while the vessel is at port or oth- fore starting the next trip. erwise not at sea, provided that the (5) Related VMS requirements. Install- owner and operator: ing, carrying and operating a VMS unit (i) Prior to shutting down the VMS in compliance with the requirements in unit, report to the SAC or the NOAA part 300 of this title, part 660 of this Office of Law Enforcement’s VMS title, or part 665 of this title relating to Helpdesk via facsimile or e-mail, the the installation, carrying, and oper- following information: the intent to ation of VMS units shall be deemed to shut down the VMS unit; the vessel’s satisfy the requirements of paragraph name; the vessel’s official number; and (c) of this section, provided that the telephone, facsimile or e-mail contact VMS unit is operated continuously and information for the vessel owner or op- at all times while the vessel is at sea, erator; and the VMS unit is type-approved by (ii) When turning the VMS unit back NMFS for fisheries governed under the on, report to the SAC or the NOAA Of- Act, and the specific requirements of fice of Law Enforcement’s VMS paragraph (c)(4) of this section are Helpdesk, via mail, facsimile or e-mail, complied with. If the VMS unit is the following information: that the owned by NMFS, the requirement VMS unit has been turned on; the ves- under paragraph (c)(4) of this section to sel’s name; the vessel’s official number; repair or replace the VMS unit will be and telephone, facsimile or e-mail con- the responsibility of NMFS, but the tact information for the vessel owner vessel owner and operator shall be re- or operator; and sponsible for ensuring that the VMS (iii) Prior to leaving port, receive unit is operable before leaving port or verbal or written confirmation from starting the next trip. the SAC that proper transmissions are (d) Costs. The vessel owner and oper- being received from the VMS unit. ator shall be responsible for all costs (4) Failure of VMS unit. If the vessel associated with the purchase, installa- owner or operator becomes aware that tion and maintenance of the VMS unit, the VMS unit has become inoperable or and for all charges levied by the mobile that transmission of automatic posi- communications service provider as tion reports from the VMS unit has necessary to ensure the transmission of been interrupted, or if notified by automatic position reports to NMFS as NMFS or the USCG that automatic po- required in paragraph (c) of this sec- sition reports are not being received tion. However, if the VMS unit is being from the VMS unit or that an inspec- carried and operated in compliance tion of the VMS unit has revealed a with the requirements in part 300 of problem with the performance of the this title, part 660 of this title, or part VMS unit, the vessel owner and oper- 665 of this title relating to the installa- ator shall comply with the following tion, carrying, and operation of VMS requirements: units, the vessel owner and operator

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shall not be responsible for costs that the Convention Area, communications are the responsibility of NMFS under by telephone, facsimile, e-mail, or those regulations. radio to the Commission, in Pohnpei, (e) Tampering. The vessel owner and Micronesia. The VMS unit used to ful- operator shall ensure that the VMS fill the requirements of paragraph (c) unit is not tampered with, disabled, de- of this section may not be used to sat- stroyed, damaged or operated improp- isfy this requirement. The same com- erly, and that its operation is not im- munication device may be able to sat- peded or interfered with. isfy the requirements of both this para- (f) Inspection. The vessel owner and graph and paragraph (h)(1) of this sec- operator shall make the VMS unit, in- tion. cluding its antenna, connectors and an- [75 FR 3351, Jan. 21, 2010, as amended at 79 tenna cable, available for inspection by FR 64110, Oct. 28, 2014; 80 FR 59048, Oct. 1, authorized officers, by employees of 2015] the Commission, by persons appointed by the Executive Director of the Com- § 300.220 Confidentiality of informa- mission for this purpose, and, when the tion. vessel is on the high seas in the Con- (a) Types of information covered. vention Area, by WCPFC inspectors. NOAA is authorized under the Act and (g) Access to data. The vessel owner other statutes to collect and maintain and operator shall make the vessel’s information. This section applies to position data obtained from the VMS confidential information collected unit or other means immediately and under authority of the Act. always available for inspection by (b) Collection and maintenance of infor- NOAA personnel, USCG personnel, and mation—(1) General. (i) Any information authorized officers, and shall make the required to be submitted to the Sec- vessel’s position data for positions on retary, a State fishery management the high seas in the Convention Area agency, or a Marine Fisheries Commis- immediately and always available to sion under the Act shall be provided to WCPFC inspectors and the Commis- the Assistant Administrator. sion. (ii) Any observer information col- (h) Communication devices. (1) To fa- lected under the Act shall be provided cilitate communication with manage- to the Assistant Administrator. ment and enforcement authorities re- (iii) Appropriate safeguards as speci- garding the functioning of the VMS fied by NOAA Administrative Order unit and other purposes, the vessel op- (NAO) 216–100 or other NOAA/NMFS in- erator shall, while the vessel is at sea, ternal procedures, apply to the collec- carry on board and continuously mon- tion and maintenance of any informa- itor a two-way communication device tion collected pursuant to paragraphs that is capable of real-time commu- (b)(1) or (b)(2) of this section, whether nication with the SAC. The VMS unit separated from identifying particulars used to fulfill the requirements of or not, so as to ensure their confiden- paragraph (c) of this section may not tiality. Information submitted to the be used to satisfy this requirement. If Secretary in compliance with this sub- the device is anything other than a part shall not be disclosed except as radio, the contact number for the de- authorized herein or by other law or vice must be provided to the Pacific Is- regulation. lands Regional Administrator on the (2) Collection agreements with States or application form for the WCPFC Area Marine Fisheries Commissions. (i) The Endorsement in accordance with the Assistant Administrator may enter requirements of § 300.212. into an agreement with a State or a (2) For the purpose of submitting the Marine Fisheries Commission author- position reports that might be required izing the State or Marine Fisheries in cases of VMS unit failure under Commission to collect information on paragraph (c)(4)(ii) of this section, the behalf of the Secretary. vessel operator shall, while the vessel (ii) To enter into a cooperative col- is at sea, carry on board a communica- lection agreement with a State or a tion device capable of transmitting, Marine Fisheries Commission, NMFS while the vessel is on the high seas in must ensure that:

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(A) The State has authority to pro- (iii) The duration of time that access tect the information from disclosure in will be required: continuous, infre- a manner at least as protective as quent, or one-time; and these regulations. (iv) An explanation of why the avail- (B) The Marine Fisheries Commission ability of information in aggregate or has enacted policies and procedures to summary form from other sources protect the information from public would not satisfy the requested needs. disclosure. (2) Federal employees. Confidential in- (3) Collection services by observer em- formation will only be accessible to the ployer/observer provider. The Assistant following: Administrator shall make the fol- (i) Federal employees who are re- lowing determinations before issuing a sponsible for administering, imple- permit or letting a contract or grant to menting, or enforcing the Act. Such an organization that provides observer persons are exempt from the provisions services: of paragraph (c)(1) of this section. (i) That the observer employer/ob- (ii) NMFS employees responsible for server provider has enacted policies the collection, processing, and storage and procedures to protect the informa- of the information or performing re- tion from public disclosure; search that requires access to confidential information. Such persons are ex- (ii) That the observer employer/ob- empt from the provisions of paragraph server provider has entered into an (c)(1) of this section. agreement with the Assistant Adminis- (iii) Other NOAA employees on a de- trator that prohibits public disclosure monstrable need-to-know basis. and specifies penalties for such disclo- (iv) Persons that need access to con- sure; and fidential information to perform func- (iii) That the observer employer/ob- tions authorized under a Federal con- server provider requires each observer tract, cooperative agreement, or grant to sign an agreement with NOAA/ awarded by NOAA/NMFS. NMFS that prohibits public disclosure (3) Commission. (i) Confidential infor- of observer information and specifies mation will be subject to disclosure to penalties for such disclosure. the Commission, but only if: (c) Access to information—(1) General. (A) The information is required to be This section establishes procedures in- submitted to the Commission under tended to manage, preserve, and pro- the requirements of the WCPF Conven- tect the confidentiality of information tion or the decisions of the Commis- submitted in compliance with the Act sion; and its implementing regulations. This (B) The provision of such information section applies to those persons and or- is in accord with the requirements of ganizations deemed eligible to access the Act, the WCPF Convention, and the confidential information subject to the decisions of the Commission, including terms and conditions described in this any procedures, policies, or practices section and the Act. All other persons adopted by the Commission relating to requesting access to confidential infor- the receipt, maintenance, protection or mation should follow the procedures dissemination of information by the set forth in the Freedom of Informa- Commission; and tion Act, 5 U.S.C. 552, 15 CFR parts 15 (C) The provision of such information and 903, NAO 205–14, and Department of is in accord with any agreement be- Commerce Administrative Orders 205– tween the United States and the Com- 12 and 205–14, as applicable. Persons eli- mission that includes provisions to pre- gible to access confidential informa- vent public disclosure of the identity tion under this section shall submit to or business of any person. NMFS a written request with the fol- (ii) The provisions of paragraph (c)(1) lowing information: of this section do not apply to the re- (i) The specific types of information lease of confidential information to the requested; Commission. (ii) The relevance of the information (4) State employees. Confidential infor- to requirements of the Act; mation may be made accessible to a

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State employee only by written re- curity Act of 2002 (6 U.S.C. 468(a)(2)); quest and only upon the determination and by NMFS that at least one of the fol- (ii) The requesting agency has en- lowing conditions is met: tered into a written agreement with (i) The employee has a need for con- the Assistant Administrator. The fidential information to further the De- agreement shall contain a finding by partment of Commerce’s mission, and the Assistant Administrator that the the State has entered into a written requesting agency has confidentiality agreement between the Assistant Ad- policies and procedures to protect the ministrator and the head of the State’s information from public disclosure. agency that manages marine and/or (7) Observer and observer employer/ob- anadromous fisheries. The agreement server provider. Confidential informa- shall contain a finding by the Assistant tion used for purposes other than those Administrator that the State has con- contained in this subpart or in part 600 fidentiality protection authority com- of this title may only be used by ob- parable to the Act and that the State servers and observer employers/ob- will exercise this authority to prohibit server providers in order: public disclosure of the identity or (i) To adjudicate observer certifi- business of any person. cations; (ii) The employee enforces the Act or (ii) To allow the sharing of observer fishery management plans prepared information among the observers and under the authority of the Magnuson- between observers and observer em- Stevens Conservation and Management ployers/observer providers as necessary Act, and the State for which the em- to train and prepare observers for de- ployee works has entered into a fishery ployments on specific vessels; or enforcement agreement with the Sec- (iii) To validate the accuracy of the retary and the agreement is in effect. observer information collected. (5) Marine Fisheries Commission em- (8) Persons having access to confiden- ployees. Confidential information may tial information may be subject to be made accessible to Marine Fisheries criminal and civil penalties for unau- Commission employees only upon writ- thorized use or disclosure of confiden- ten request of the Marine Fisheries tial information. See 18 U.S.C. 1905, 16 Commission and only if the request U.S.C. 1857, and NOAA/NMFS internal demonstrates a need for confidential procedures, including NAO 216–100. information to further the Department (d) Control system. (1) The Assistant of Commerce’s mission, and the execu- Administrator maintains a control sys- tive director of the Marine Fisheries tem to protect the identity or business Commission has entered into a written of any person who submits information agreement with the Assistant Adminis- in compliance with any requirement or trator. The agreement shall contain a regulation under the Act. The control finding by the Assistant Administrator system: that the Marine Fisheries Commission (i) Identifies those persons who have has confidentiality protection policies access to the information; and procedures to protect from public (ii) Contains procedures to limit ac- disclosure information that would re- cess to confidential information to au- veal the identity or business of any thorized users; and person. (iii) Provides handling and physical (6) Homeland and national security ac- storage protocols for safeguarding of tivities. Confidential information may the information. be made accessible to Federal employ- (2) This system requires that all per- ees for purposes of promoting home- sons who have authorized access to the land security or national security at information be informed of the con- the request of another Federal agency fidentiality of the information. These only if: persons, with the exception of employ- (i) Providing the information pro- ees and contractors of the Commission, motes homeland security or national are required to sign a statement that security purposes including the USCG’s they: homeland security missions as defined (i) Have been informed that the infor- in section 888(a)(2) of the Homeland Se- mation is confidential; and

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(ii) Have reviewed and are familiar agement Councils established under with the procedures to protect con- the Magnuson-Stevens Fishery Con- fidential information. servation and Management Act, except (e) Release of information. (1) The As- as provided by law. sistant Administrator will not disclose to the public any confidential informa- [75 FR 3352, Jan. 21, 2010] tion, except: § 300.221 Facilitation of enforcement (i) When the Secretary has obtained and inspection. from the person who submitted the information an authorization to release In addition to the facilitation of en- the information to persons for reasons forcement provisions of § 300.5, the fol- not otherwise provided for in this sub- lowing requirements apply to this subpart. In situations where a person pro- part. vides information through a second (a) A fishing vessel of the United party, both parties are considered joint States with a WCPFC Area Endorse- submitters of information and either ment or for which a WCPFC Area En- party may request a release. The au- dorsement is required, including the thorization to release such information vessel’s operator and each member of will require: the vessel’s crew shall, when in the (A) A written statement from the Convention Area, be subject to the fol- person(s) who submitted the informa- lowing requirements: tion authorizing the release of the sub- (1) The Federal Certificate of Docu- mitted information; and mentation or State or other docu- (B) A finding by the Secretary that mentation for the vessel, or a copy such release does not violate other re- thereof, shall be carried on board the quirements of the Act or other applica- vessel. Any license, permit or other au- ble laws. thorization to use the vessel to fish, re- (ii) Observer information as author- tain fish, transship fish, or land fish ized by a fishery management plan issued by a nation or political entity (prepared under the authority of the other than the United States, or a copy Magnuson-Stevens Fishery Conserva- thereof, shall be carried on board the tion and Management Act) or regula- vessel. These documents shall be made tions under the authority of the North available for inspection by any author- Pacific Council to allow disclosure of ized officer. If the vessel is on the high observer information to the public of seas, the above-mentioned licenses, weekly summary bycatch information permits, and authorizations shall also identified by vessel or for haul-specific be made available for inspection by bycatch information without vessel any WCPFC inspector. If the vessel is identification. in an area under the jurisdiction of a (iii) When such information is re- member of the Commission other than quired to be submitted for any deter- the United States, they shall be made mination under a limited access pro- available for inspection by any author- gram. ized enforcement official of that mem- (iv) When required by a court order. ber. (2) All requests from the public for (2) For the purpose of facilitating confidential information will be proc- communication with the fisheries man- essed in accordance with the require- agement, surveillance and enforcement ments of 5 U.S.C. 552a, 15 CFR parts 4 authorities of the members of the Com- and 903, NAO 205–14, and Department of mission, the operator shall ensure the Commerce Administrative Orders DAO continuous monitoring of the inter- 205–12 and DAO 205–14. Nothing in this national safety and calling radio fre- section is intended to confer any right, quency 156.8 MHz (Channel 16, VHF– claim, or entitlement to obtain access FM) and, if the vessel is equipped to do to confidential information not already so, the international distress and call- established by law. ing radio frequency 2.182 MHz (HF). (3) NMFS does not release or allow (3) The operator shall ensure that an access to confidential information in up-to-date copy of the International its possession to members of advisory Code of Signals (INTERCO) is on board groups of the Regional Fishery Man- and accessible at all times.

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(4) When engaged in transshipment (i) Provided information identifying on the high seas or in an area under the his or her vessel as a WCPFC inspec- jurisdiction of a member of the Com- tion vessel, including its name, reg- mission other than the United States, istration number, IRCS and contact the operator and crew shall: frequency; and (i) Provide any WCPFC trans- (ii) Communicated to the vessel oper- shipment monitor with full access to, ator an intention to board and inspect and use of, facilities and equipment the vessel under the authority of the which such authorized person may de- Commission and pursuant to the board- termine is necessary to carry out his or ing and inspection procedures adopted her duties to monitor transshipment by the Commission. activities, including full access to the (3) Provided that the WCPFC inspec- bridge, fish on board, and all areas tor has presented to the vessel operator which may be used to hold, process, his or her identity card identifying him weigh and store fish, and full access to the vessel’s records, including its log or her as an inspector authorized to and documentation for the purpose of carry out boarding and inspection pro- inspection and photocopying; cedures under the auspices of the Com- (ii) Allow and assist any WCPFC mission, and a copy of the text of the transshipment monitor to collect and relevant conservation and management remove samples and gather any other measures in force pursuant to the information required to fully monitor WCPF Convention in the relevant area transshipment activities. of the high seas, the operator and crew (iii) Not assault, obstruct, resist, shall: delay, refuse boarding to, intimidate, (i) Cooperate with and assist any harass, interfere with, unduly obstruct WCPFC inspector in the inspection of or delay any WCPFC transshipment the vessel, including its authorizations monitor in the performance of such to fish, gear, equipment, records, facili- person’s duties, or attempt to do any of ties, fish and fish products and any rel- the same. evant documents necessary to verify (b) The operator and crew of a fishing compliance with the conservation and vessel of the United States, when on management measures in force pursu- the high seas in the Convention Area, ant to the WCPF Convention; shall be subject to the following re- (ii) Allow any WCPFC inspector to quirements: communicate with the crew of the (1) The operator and crew shall im- WCPFC inspection vessel, the authori- mediately comply with instructions ties of the WCPFC inspection vessel given by an officer on board a WCPFC and the authorities of the vessel being inspection vessel to move the vessel to inspected; a safe location and/or to stop the ves- (iii) Provide any WCPFC inspector sel, provided that the officer has, prior with reasonable facilities, including, to the issuance of such instructions: where appropriate, food and accommo- (i) Provided information identifying dation; and his or her vessel as a WCPFC inspection vessel, including its name, reg- (iv) Facilitate safe disembarkation istration number, IRCS and contact by any WCPFC inspector. frequency; and (4) If the operator or crew refuses to (ii) Communicated to the vessel oper- allow a WCPFC inspector to board and ator his or her intention to board and inspect the vessel in the manner de- inspect the vessel under the authority scribed in this paragraph, they shall of the Commission and pursuant to the offer to the WCPFC inspector an expla- boarding and inspection procedures nation of the reason for such refusal. adopted by the Commission. (5) The operator and crew shall not (2) The operator and crew shall ac- assault, obstruct, resist, delay, refuse cept and facilitate prompt and safe boarding to, intimidate, harass, inter- boarding by any WCPFC inspector, pro- fere with, unduly obstruct or delay any vided that an officer on board the WCPFC inspector in the performance WCPFC inspection vessel has, prior to of such person’s duties, or attempt to such boarding: do any of the same.

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(c) When a fishing vessel of the § 300.222 Prohibitions. United States that is used for commer- In addition to the prohibitions in cial fishing for HMS is in the Conven- § 300.4, it is unlawful for any person to: tion Area and is either on the high seas (a) Fail to obtain and have on board without a valid WCPFC Area Endorse- a fishing vessel a valid WCPFC Area ment or is in an area under the juris- Endorsement as required in § 300.212. diction of a nation other than the United States without an authoriza- (b) Fail to report a change in the in- tion by that nation to fish in that area, formation required in an application all the fishing gear and fishing equip- for a WCPFC Area Endorsement as re- ment on the fishing vessel shall be quired in § 300.212(g). stowed in a manner so as not to be (c) Fail to provide information on readily available for fishing, specifi- vessels and fishing authorizations or cally: fail to report changes in such information as required in § 300.213. (1) If the fishing vessel is used for purse seining and equipped with purse (d) Fish for, retain on board, or land seine gear, the boom must be lowered fish, including HMS, in areas under the as far as possible so that the vessel jurisdiction of a nation other than the cannot be used for fishing but so that United States without authorization the skiff is accessible for use in emer- by such nation to do so, as provided in gency situations; the helicopter, if any, § 300.214(a)(1) and (b)(1). must be tied down; and the launches (e) Operate a fishing vessel in viola- must be secured. tion of, or fail to ensure the vessel crew complies with, the applicable national (2) If the fishing vessel is used for laws of a member of the Commission longlining and equipped with longline other than the United States, including gear, the branch or dropper lines and any laws related to carrying vessel ob- floats used to buoy the mainline must servers or the operation of VMS units, be stowed and not available for imme- as provided in § 300.214(a)(2) and (b)(2). diate use, and any power-operated mainline hauler on deck must be cov- (f) Fail to carry, allow on board, or ered in such a manner that it is not assist a WCPFC observer as required in readily available for use. § 300.215. (g) Assault, obstruct, resist, delay, (3) If the fishing vessel is used for refuse boarding to, intimidate, harass, trolling and equipped with troll gear, or interfere with a WCPFC observer, or no lines or hooks may be placed in the attempt to do any of the same, or fail water; if outriggers are present on the to provide a WCPFC observer with vessel, they must be secured in a food, accommodation or medical facili- vertical position; if any power-operated ties, as required in § 300.215. haulers are located on deck they must be covered in such a manner that they (h) Offload, receive, or load fish from are not readily available for use. a purse seine vessel at sea in the Con- vention Area, in contravention of (4) If the fishing vessel is used for § 300.216. pole-and-line fishing and equipped with pole-and-line gear, any poles rigged (i) Fail to mark a fishing vessel or a with lines and hooks must be stowed in boat, skiff, or other watercraft on such a manner that they are not read- board the fishing vessel as required in ily available for use. § 300.217, or remove, obscure, or obstruct such markings, or attempt to do (5) For any other type of fishing ves- so. sel, all the fishing gear and equipment (j) Fail to maintain and report catch on the vessel must be stowed in a man- and effort information or trans- ner so as not to be readily available for shipment information as required in use. § 300.218. (d) For the purpose of this section, (k) Fail to install, activate, or oper- the meaning of transshipment does not ate a VMS unit as required in include transfers that exclusively in- § 300.219(c). volve fish that have been previously (l) In the event of VMS unit failure landed and processed. or interruption, fail to repair or re- [75 FR 3354, Jan. 21, 2010] place a VMS unit, fail to notify the

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SAC and follow the instructions pro- captured by longline gear in the Con- vided, or otherwise fail to act as pro- vention Area or to fish in contraven- vided in § 300.219(c)(4). tion of § 300.224(f)(1) or (f)(2). (m) Disable, destroy, damage or oper- (aa) Use a fishing vessel to fish in the ate improperly a VMS unit installed Pacific Ocean using longline gear both under § 300.219, or attempt to do any of inside and outside the Convention Area the same, or fail to ensure that its op- on the same fishing trip in contraven- eration is not impeded or interfered tion of § 300.224(f)(3). with, as provided in § 300.219(e). (bb) Fail to stow longline gear as re- (n) Fail to make a VMS unit in- quired in § 300.224(f)(4). stalled under § 300.219 or the position (cc) Fail to carry on board a WCPFC data obtained from it available for in- observer during a transshipment at spection, as provided in § 300.219(f) and sea, as required in § 300.215(d). (g). (dd) Offload, receive, or load fish (o) Fail to carry on board and monitor communication devices as required caught in the Convention Area from a in § 300.219(h). purse seine vessel at sea in contraven- (p) Fail to carry on board and make tion of § 300.216. available the required vessel docu- (ee) Fail to ensure that a WCPFC ob- mentation and authorizations as re- server is on board at least one of the quired in § 300.221(a)(1). vessels involved in the transshipment (q) Fail to continuously monitor the for the duration of the transshipment specified radio frequencies as required in contravention of § 300.216(b)(2)(i), ex- in § 300.221(a)(2). cept as specified at § 300.216(b)(4). (r) Fail to carry on board, and keep (ff) Receive transshipments from accessible, an up-to-date copy of the more than one fishing vessel at a time International Code of Signals as rein contravention of § 300.216(b)(2)(ii), quired in § 300.221(a)(3). except as specified at § 300.216(b)(4). (s) Fail to provide access to, or fail to (gg) Transship to or from another allow and assist, a WCPFC trans- vessel, in contravention of shipment monitor as required in § 300.216(b)(3)(i), except as specified at § 300.221(a)(4). § 300.216(b)(4). (t) Fail to comply with the instruc- (hh) Provide bunkering, receive bun- tions of, or fail to accept and facilitate kering, or exchange supplies or provi- prompt and safe boarding by, a WCPFC sions with another vessel, in con- inspector, or fail to cooperate and as- travention of § 300.216(b)(3)(ii). sist a WCPFC inspector in the inspec- (ii) Engage in net sharing except as tion of a fishing vessel, as provided in specified under § 300.216(c). § 300.221(b). (jj) Fail to submit, or ensure submis- (u) Fail to stow fishing gear or fish- sion of, a transshipment report as re- ing equipment as required in quired in § 300.218(b), except as specified § 300.221(c). under § 300.218(c). (v) Use a fishing vessel equipped with (kk) Fail to submit, or ensure sub- purse seine gear to fish in an area mission of, a transshipment notice as closed to purse seine fishing under required in § 300.218(d). § 300.223(a). (w) Set a purse seine around, near or (ll) Transship more than 24 nautical in association with a FAD or a vessel, miles from the location indicated in deploy, activate, or service a FAD, or the transshipment notice, in con- use lights in contravention of travention of § 300.218(d)(3). § 300.223(b). (mm) Fail to submit, or ensure sub- (x) Discard fish at sea in the Conven- mission of, a discard report as required tion Area in contravention of in § 300.218(e). § 300.223(d). (nn) Fail to submit, or ensure sub- (y) Fail to comply with the sea turtle mission of, a net sharing report as re- mitigation gear and handling require- quired in § 300.218(f). ments of § 300.223(f). (oo) Transship in the Eastern High (z) Use a fishing vessel to retain on Seas Special Management Area in con- board, transship, or land bigeye tuna travention of § 300.225.

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(pp) Fail to submit, or ensure submis- tion Area in the area between 20° N sion of, a daily purse seine fishing ef- latitude and 20° S latitude in a cal- fort report as required in § 300.218(g). endar year. (qq) Fail to submit, or ensure submis- (1) For calendar year 2019, there is a sion of, a whale shark encirclement re- limit of 1,616 fishing days in the port as required in § 300.218(h). ELAPS. (rr) Set or attempt to set a purse (2) Beginning in 2020, there is a limit seine on or around a whale shark of 1,828 fishing days in the ELAPS per (Rhincodon typus) in contravention of calendar year. § 300.223(g). (3) NMFS will determine the number (ss) Fail to release a whale shark en- of fishing days spent in the ELAPS in circled in a purse seine net of a fishing each calendar year using data sub- vessel as required in § 300.223(h). mitted in logbooks and other available (tt) Use a fishing vessel to retain on information. After NMFS determines board, transship, store, or land any that a limit in a calendar year is ex- part or whole carcass of an oceanic pected to be reached by a specific fu- whitetip shark (Carcharhinus ture date, and at least seven calendar longimanus) or silky shark days in advance of the closure date, (Carcharhinus falciformis) in contraven- NMFS will publish a document in the tion of § 300.226(a). FEDERAL REGISTER announcing that (uu) Fail to release an oceanic the purse seine fishery in the area whitetip shark or silky shark as re- where the limit is expected to be quired in § 300.226(b). reached will be closed starting on that (vv) Fail to obtain an IMO number specific future date and will remain for a fishing vessel as required in closed until the end of the calendar § 300.217(c). year. (ww) Fail to carry an observer as re- (4) Once a fishery closure is an- quired in § 300.223(e). nounced pursuant to paragraph (a)(3) of (xx) Fail to comply with any of the this section, fishing vessels of the limits, restrictions, prohibitions, or re- United States equipped with purse quirements specified under § 300.227. seine gear may not be used to fish in [74 FR 38554, Aug. 4, 2009, as amended at 74 the closed area during the period speci- FR 64010, Dec. 7, 2009; 75 FR 3355, Jan. 21, fied in the FEDERAL REGISTER docu- 2010; 77 FR 51714, Aug. 27, 2012; 77 FR 71512, ment, except that such vessels are not Dec. 3, 2012; 79 FR 71331, Dec. 2, 2014; 80 FR prohibited from bunkering during a 8815, Feb. 19, 2015; 80 FR 59048, Oct. 1, 2015; 81 FR 41250, June 24, 2016; 83 FR 33869, July 18, fishery closure. 2018] (b) Use of fish aggregating devices. (1) During the periods and in the areas § 300.223 Purse seine fishing restric- specified in paragraph (b)(2) of this sections. tion, owners, operators, and crew of None of the requirements of this sec- fishing vessels of the United States tion apply in the territorial seas or equipped with purse seine gear shall archipelagic waters of the United not do any of the activities described States or any other nation, as defined below in the Convention Area in the by the domestic laws and regulations area between 20° N latitude and 20° S of that nation and recognized by the latitude: United States, or within the Overlap (i) Set a purse seine around a FAD or Area. All dates used in this section are within one nautical mile of a FAD. in Universal Coordinated Time, also (ii) Set a purse seine in a manner in- known as UTC; for example: The year tended to capture fish that have aggre- 2013 starts at 00:00 on January 1, 2013 gated in association with a FAD or a UTC and ends at 24:00 on December 31, vessel, such as by setting the purse 2013 UTC; and July 1, 2013, begins at seine in an area from which a FAD or 00:00 UTC and ends at 24:00 UTC. a vessel has been moved or removed (a) Fishing effort limits. This para- within the previous eight hours, or set- graph establishes limits on the number ting the purse seine in an area in which of fishing days that fishing vessels of a FAD has been inspected or handled the United States equipped with purse within the previous eight hours, or set- seine gear may operate in the Conven- ting the purse seine in an area into

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which fish were drawn by a vessel from drifting active FADs per vessel in the the vicinity of a FAD or a vessel. Convention Area at any one time. (iii) Deploy a FAD into the water. (c) [Reserved] (iv) Repair, clean, maintain, or other- (d) Catch retention. An owner and op- wise service a FAD, including any elec- erator of a fishing vessel of the United tronic equipment used in association States equipped with purse seine gear with a FAD, in the water or on a vessel must ensure the retention on board at while at sea, except that: all times while at sea within the Con- (A) A FAD may be inspected and han- vention Area any bigeye tuna (Thunnus dled as needed to identify the FAD, obesus), yellowfin tuna (Thunnus identify and release incidentally cap- albacares), or skipjack tuna tured animals, un-foul fishing gear, or (Katsuwonus pelamis), except in the fol- prevent damage to property or risk to lowing circumstances and with the fol- human safety; and lowing conditions: (B) A FAD may be removed from the (1) Fish that are unfit for human con- water and if removed may be repaired, sumption, including but not limited to cleaned, maintained, or otherwise serv- fish that are spoiled, pulverized, sev- iced, provided that it is not returned to ered, or partially consumed at the time the water. they are brought on board, may be dis- (v) From a purse seine vessel or any carded. associated skiffs, other watercraft or (2) If at the end of a fishing trip there equipment, do any of the following, ex- is insufficient well space to accommo- cept in emergencies as needed to pre- date all the fish captured in a given vent human injury or the loss of purse seine set, fish captured in that human life, the loss of the purse seine set may be discarded, provided that no vessel, skiffs, watercraft or aircraft, or additional purse seine sets are made environmental damage: during the fishing trip. (A) Submerge lights under water; (3) If a serious malfunction of equip- (B) Suspend or hang lights over the ment occurs that necessitates that fish side of the purse seine vessel, skiff, be discarded. watercraft or equipment, or; (e) Observer coverage. (1) A fishing (C) Direct or use lights in a manner vessel of the United States may not be other than as needed to illuminate the used to fish with purse seine gear in deck of the purse seine vessel or associ- the Convention Area without a WCPFC ated skiffs, watercraft or equipment, to observer on board. This requirement comply with navigational require- does not apply to fishing trips that ments, and to ensure the health and meet either of the following condi- safety of the crew. tions: (2) The requirements of paragraph (i) The portion of the fishing trip (b)(1) of this section shall apply: within the Convention Area takes (i) From July 1 through September place entirely within areas under the 30, in each calendar year; jurisdiction of a single nation other (ii) In any area of high seas, from No- than the United States; or, vember 1 through December 31, in each (ii) No fishing takes place during the calendar year. fishing trip in the Convention Area in (3)(i) Activating FADs for purse seine the area between 20 °N. latitude and 20 vessels. A vessel owner, operator, or °S. latitude. crew of a fishing vessel of the United (2) Owners, operators, and crew of States equipped with purse seine gear fishing vessels subject to paragraph shall turn on the tracking equipment (e)(1) of this section must accommo- of an active FAD while the FAD is on- date WCPFC observers in accordance board the vessel and before it is de- with the provisions of § 300.215(c). ployed in the water. (3) Meeting either of the conditions (ii) Restrictions on Active FADs for in paragraphs (e)(1)(i) and (ii) of this purse seine vessels. U.S. vessel owners section does not exempt a fishing ves- and operators of a fishing vessel of the sel from having to carry and accommo- United States equipped with purse date a WCPFC observer pursuant to seine gear shall not have more than 350 § 300.215 or other applicable regulations.

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(f) Sea turtle take mitigation measures. may be no more than 3 inches × 3 (1) Possession and use of required miti- inches (7.62 cm × 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 of removing sea turtles from fishing Convention Area must, if a sea turtle is gear, bringing sea turtles aboard the observed to be enclosed or entangled in vessel when appropriate, and releasing a purse seine, a FAD, or other fishing sea turtles from the vessel. The min- gear, comply with these handling re- imum design standards for dip nets quirements, including using the re- that meet the requirements of this sec- quired mitigation gear specified in tion are: paragraph (f)(1) of this section as pre- (A) An extended reach handle. The dip scribed in these handling requirements. net must have an extended reach han- Any captured or entangled sea turtle dle with a minimum length of 150 per- must be handled in a manner to mini- cent of the freeboard height. The ex- mize injury and promote survival. tended reach handle must be made of (i) Sea turtles enclosed in purse seines. wood or other rigid material able to If the sea turtle is observed enclosed in support a minimum of 100 lb (34.1 kg) a purse seine but not entangled, it without breaking or significant bend- must be released immediately from the ing or distortion. purse seine with the dip net or turtle (B) Size of dip net. The dip net must hoist. have a net hoop of at least 31 inches (78.74 cm) inside diameter and a bag (ii) Sea turtles entangled in purse depth of at least 38 inches (96.52 cm). seines. If the sea turtle is observed en- The bag mesh openings may be no more tangled in a purse seine, the net roll than 3 inches 3 inches (7.62 cm 7.62 cm) must be stopped as soon as the sea tur- in size. tle comes out of the water, and must (ii) Optional turtle hoist. A turtle not start again until the turtle has hoist is used for the same purpose as a been disentangled and released. The sea dip net. It is not a required piece of turtle must be handled and released in gear, but a turtle hoist may be carried accordance with paragraphs (f)(2)(iv), on board and used instead of the dip (f)(2)(v), (f)(2)(vi), and (f)(2)(vii) of this net to handle sea turtles as required in section. paragraph (f)(2) of this section. The (iii) Sea turtles entangled in FADs. If minimum design standards for turtle the sea turtle is observed entangled in hoists that are used instead of dip nets a FAD, it must be disentangled or the to meet the requirements of this sec- FAD must be cut immediately so as to tion are: remove the sea turtle. The sea turtle (A) Frame and net. The turtle hoist must be handled and released in ac- must consist of one or more rigid cordance with paragraphs (f)(2)(iv), frames to which a bag of mesh netting (f)(2)(v), (f)(2)(vi), and (f)(2)(vii) of this is securely attached. The frame or section. smallest of the frames must have a (iv) Disentangled sea turtles that can- minimum opening (e.g., inside diame- not be brought aboard. After ter, if circular in shape) of 31 inches disentanglement, if the sea turtle is (78.74 cm) and be capable of supporting not already on board the vessel and it a minimum of 100 lb (34.1 kg). The is too large to be brought aboard or frame or frames may be hinged or oth- cannot be brought aboard without sus- erwise designed so they can be folded taining further injury, it shall be left for ease of storage, provided that they where it is in the water, or gently have no sharp edges and can be quickly moved, using the dip net or turtle hoist reassembled. The bag mesh openings if necessary, to an area away from the

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fishing gear and away from the pro- quirements of paragraphs (f)(2)(v) and peller. (f)(2)(vi) of this section, the sea turtle (v) Disentangled sea turtles that can be must be returned to the ocean after brought aboard. After disentanglement, identification unless NMFS requests if the sea turtle is not too large to be the retention of a dead sea turtle for brought aboard and can be brought research. In releasing a sea turtle the aboard without sustaining further in- vessel owner or operator must: jury, the following actions shall be (A) Place the vessel engine in neutral taken: gear so that the propeller is disengaged (A) Using the dip net or a turtle and the vessel is stopped; hoist, the sea turtle must be brought aboard immediately; and (B) Using the dip net or a turtle hoist (B) The sea turtle must be handled in to release the sea turtle with little im- accordance with the procedures in pact, gently release the sea turtle away paragraphs (f)(2)(vi) and (f)(2)(vii) of from any deployed gear; and this section. (C) Observe that the turtle is safely (vi) Sea turtle resuscitation. If a sea away from the vessel before engaging turtle brought aboard appears dead or the propeller and continuing oper- comatose, the following actions must ations. be taken: (viii) Other sea turtle requirements. No (A) The sea turtle must be placed on sea turtle, including a dead turtle, may its belly (on the bottom shell or plas- be consumed or sold. A sea turtle may tron) so that it is right side up and its be landed, offloaded, transshipped or hindquarters elevated at least 6 inches kept below deck only if NMFS requests (15.24 cm) for a period of no less than 4 the retention of a dead sea turtle or a hours and no more than 24 hours. The part thereof for research. amount of the elevation varies with the size of the sea turtle; greater ele- (g) Owners, operators, and crew of vations are needed for larger sea tur- fishing vessels of the United States tles; used for commercial fishing for HMS in (B) A reflex test must be adminis- the Convention Area shall not set or tered at least once every 3 hours. The attempt to set a purse seine in the Con- test is to be performed by gently vention Area on or around a whale touching the eye and pinching the tail shark (Rhincodon typus) if the animal is of a sea turtle to determine if the sea sighted at any time prior to the com- turtle is responsive; mencement of the set or the attempted (C) The sea turtle must be kept set. This paragraph does not apply to shaded and damp or moist (but under the territorial seas or archipelagic wa- no circumstances place the sea turtle ters of any nation, as defined by the into a container holding water). A domestic laws and regulations of that water-soaked towel placed over the nation and recognized by the United eyes (not covering the nostrils), cara- States, or to areas under the national pace and flippers is the most effective jurisdiction of the Parties to the Nauru method of keeping a sea turtle moist; Agreement. and (h) The crew, operator, and owner of (D) If the sea turtle revives and be- a fishing vessel of the United States comes active, it must be returned to the sea in the manner described in used for commercial fishing for HMS in paragraph (f)(2)(vii) of this section. Sea the Convention Area must release any turtles that fail to revive within the whale shark that is encircled in a purse 24–hour period must also be returned to seine net in the Convention Area, and the sea in the manner described in take reasonable steps for its safe re- paragraph (f)(2)(vii) of this section, un- lease, without compromising the safety less NMFS requests that the turtle or of any persons. This paragraph does not part thereof be kept on board and de- apply to the territorial seas or livered to NMFS for research purposes. archipelagic waters of any nation, as (vii) Sea turtle release. After handling a sea turtle in accordance with the re-

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defined by the domestic laws and regu- with a valid permit issued under lations of that nation and recognized § 660.707 or § 665.801 of this title. by the United States. (d) Exception for bigeye tuna caught by vessels included in specified fishing agree- [74 FR 38554, Aug. 4, 2009, as amended at 76 FR 82183, Dec. 30, 2011; 77 FR 71513, Dec. 3, ments under § 665.819(c) of this title. Big- 2012; 78 FR 30778, May 23, 2013; 80 FR 8815, eye tuna caught by a vessel that is in- Feb. 19, 2015; 80 FR 29223, May 21, 2015; 80 FR cluded in a specified fishing agreement 51480, Aug. 25, 2015; 80 FR 59048, Oct. 1, 2015; under § 665.819(c) of this title will be at- 81 FR 41250, June 24, 2016; 83 FR 33869, July tributed to the longline fishery of 18, 2018; 84 FR 37148, July 31, 2019; 85 FR 37390, American Samoa, Guam, or the North- June 22, 2020] ern Mariana Islands, according to the terms of the agreement to the extent § 300.224 Longline fishing restrictions. the agreement is consistent with None of the requirements of this sec- § 665.819(c) of this title and other appli- tion apply in the Overlap Area. cable laws, and will not be counted (a) Establishment of bigeye tuna catch against the limit, provided that: limits. (1) There is a limit of 3,554 met- (1) The start date specified in ric tons of bigeye tuna per calendar § 665.819(c)(9)(i) of this title has oc- year that may be captured in the Con- curred or passed; and vention Area by longline gear and re- (2) NMFS has not made a determina- tained on board by fishing vessels of tion under § 665.819(c)(9)(iii) of this title the United States. that the catch of bigeye tuna exceeds (2) [Reserved] the limit allocated to the territory (b) Exception for bigeye tuna landed in that is a party to the agreement. territories. Except as provided in para- (e) Announcement of catch limit being graphs (c) and (d), bigeye tuna landed reached and fishing prohibitions. NMFS in American Samoa, Guam, or the will monitor retained catches of bigeye Commonwealth of the Northern Mar- tuna with respect to the limit estab- iana Islands will be attributed to the lished under paragraph (a) of this sec- longline fishery of the territory in tion using data submitted in logbooks which it is landed and will not be and other available information. After counted against the limit established NMFS determines that the limit is ex- under paragraph (a) of this section, pected to be reached by a specific fu- provided that: ture date, and at least seven calendar (1) The bigeye tuna were not caught days in advance of that specific future in the portion of the EEZ surrounding date, NMFS will publish a notice in the the Hawaiian Archipelago; and FEDERAL REGISTER announcing that (2) The bigeye tuna were landed by a specific prohibitions will be in effect fishing vessel operated in compliance starting on that specific future date with a valid permit issued under and ending December 31 of that cal- § 660.707 or § 665.801 of this title. endar year. (c) Exception for bigeye tuna caught by (f) Prohibitions after catch limit is vessels with American Samoa Longline reached. Once an announcement is Limited Access Permits. Except as pro- made pursuant to paragraph (e) of this vided in paragraph (d), bigeye tuna section, the following restrictions will caught by a vessel registered for use apply during the period specified in the under a valid American Samoa announcement: Longline Limited Access Permit issued (1) A fishing vessel of the United under § 665.801(c) of this title will be at- States may not be used to retain on tributed to the longline fishery of board, transship, or land bigeye tuna American Samoa and will not be count- captured by longline gear in the Con- ed against the limit established under vention Area, except as follows: paragraph (a) of this section, provided (i) Any bigeye tuna already on board that: a fishing vessel upon the effective date (1) The bigeye tuna were not caught of the prohibitions may be retained on in the portion of the EEZ surrounding board, transshipped, and/or landed, to the Hawaiian Archipelago; and the extent authorized by applicable (2) The bigeye tuna were landed by a laws and regulations, provided that fishing vessel operated in compliance they are landed within 14 days after

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the prohibitions become effective. The (2) Bigeye tuna caught by longline 14-day landing requirement does not gear in the Convention Area may not apply to a vessel that has declared to be transshipped to a fishing vessel un- NMFS, pursuant to § 665.803(a) of this less that fishing vessel is operated in title, that the current trip type is shal- compliance with a valid permit issued low-setting. under § 660.707 or § 665.801 of this title. (ii) Bigeye tuna captured by longline (3) A fishing vessel of the United gear may be retained on board, trans- States may not be used to fish in the shipped, and/or landed if they are land- Pacific Ocean using longline gear both ed in American Samoa, Guam, or the inside and outside the Convention Area Commonwealth of the Northern Mar- during the same fishing trip, with the iana Islands, provided that: exception of a fishing trip during which (A) The bigeye tuna were not caught the prohibitions were put into effect as in the portion of the EEZ surrounding announced under paragraph (e) of this the Hawaiian Archipelago; section, in which case the bigeye tuna (B) Such retention, transshipment, on board the vessel may be retained on and/or landing is in compliance with board, transshipped, and/or landed, to applicable laws and regulations; and the extent authorized by applicable (C) The bigeye tuna are landed by a laws and regulations, provided that fishing vessel operated in compliance they are landed within 14 days after with a valid permit issued under the prohibitions become effective. This § 660.707 or § 665.801 of this title. prohibition does not apply to a vessel (iii) Bigeye tuna captured by longline that catches bigeye tuna that is to be gear may be retained on board, trans- attributed to the longline fishery of shipped, and/or landed if they are American Samoa, Guam, or the Com- caught by a vessel registered for use monwealth of the Northern Mariana Is- under a valid American Samoa lands in accordance with paragraphs Longline Limited Access Permit issued (b), (c), or (d) of this section, or to a under § 665.801(c) of this title, provided vessel for which a declaration has been that: made to NMFS, pursuant to § 665.803(a) (A) The bigeye tuna were not caught of this title, that the current trip type in the portion of the EEZ surrounding the Hawaiian Archipelago; is shallow-setting. (B) Such retention, transshipment, (4) If a fishing vessel of the United and/or landing is in compliance with States, other than a vessel that applicable laws and regulations; and catches bigeye tuna that is to be at- (C) The bigeye tuna are landed by a tributed to the longline fishery of fishing vessel operated in compliance American Samoa, Guam, or the Com- with a valid permit issued under monwealth of the Northern Mariana Is- § 660.707 or § 665.801 of this title. lands, in accordance with paragraphs (iv) Bigeye tuna caught by longline (b), (c), and (d) of this section, or a ves- gear may be retained on board, trans- sel for which a declaration has been shipped, and/or landed if they were made to NMFS, pursuant to § 665.803(a) caught by a vessel that is included in a of this title, that the current trip type specified fishing agreement under is shallow-setting, is used to fish in the § 665.819(c) of this title, if the agree- Pacific Ocean using longline gear out- ment provides for bigeye tuna to be at- side the Convention Area and the ves- tributed to the longline fishery of sel enters the Convention Area at any American Samoa, Guam, or the North- time during the same fishing trip, the ern Mariana Islands, provided that: longline gear on the fishing vessel (A) The start date specified in must, while it is in the Convention § 665.819(c)(9)(i) of this title has oc- Area, be stowed in a manner so as not curred or passed; and to be readily available for fishing; spe- (B) NMFS has not made a determina- cifically, the hooks, branch or dropper tion under § 665.819(c)(9)(iii) of this title lines, and floats used to buoy the main- that the catch of bigeye tuna exceeds line must be stowed and not available the limit allocated to the territory for immediate use, and any power-oper- that is a party to the agreement. ated mainline hauler on deck must be

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covered in such a manner that it is not requested to do so by the WCPFC ob- readily available for use. server. [78 FR 58246, Sept. 23, 2013, as amended at 79 [80 FR 8816, Feb. 19, 2015, as amended at 85 FR 64111, Oct. 28, 2014; 80 FR 43636, July 23, FR 37390, June 22, 2020] 2015; 81 FR 41251, June 24, 2016; 83 FR 33870, July 18, 2018; 85 FR 37390, June 22, 2020] § 300.227 Framework for catch and fishing effort limits. § 300.225 Eastern High Seas Special (a) General. To implement conserva- Management Area. tion and management measures adopt- The owner and operator of a fishing ed by the Commission, the Pacific Is- vessel of the United States used for lands Regional Administrator may commercial fishing for HMS is prohib- specify limits on catch or fishing effort ited from engaging in transshipment in by fishing vessels of the United States the Eastern High Seas Special Manage- in the Convention Area, and other fish- ment Area. ing-related restrictions and require- [83 FR 33870, July 18, 2018] ments (collectively called ‘‘limits’’). The limits will be specified as may be § 300.226 Oceanic whitetip shark and necessary to carry out the inter- silky shark. national obligations of the United None of the requirements of this sec- States under the WCPF Convention tion apply in the Overlap Area. and the Act, and will be designed to (a) The crew, operator, and owner of implement particular provisions of a fishing vessel of the United States Commission-adopted conservation and used for commercial fishing for HMS management measures. For each speci- cannot retain on board, transship, fied limit, the Pacific Islands Regional store, or land any part or whole carcass Administrator will specify the area and of an oceanic whitetip shark period in which it applies, and as ap- (Carcharhinus longimanus) or silky propriate, the vessel types, gear types, shark (Carcharhinus falciformis) that is species, fish sizes, and any other rel- caught in the Convention Area, unless evant attributes to which it applies. In subject to the provisions of paragraph addition to quantitative limits on (c) of this section. catches and fishing effort, the Pacific (b) The crew, operator, and owner of Islands Regional Administrator may a fishing vessel of the United States specify areas or periods in which par- used for commercial fishing for HMS ticular fishing activities are restricted must release any oceanic whitetip or prohibited, and other fishing-related shark or silky shark caught in the Con- requirements. For each specified quan- vention Area as soon as possible after titative limit, the Pacific Islands Re- the shark is caught and brought along- gional Administrator will also specify side the vessel, and take reasonable the prohibitions and requirements that steps for its safe release, without com- would go into effect after the limit is promising the safety of any persons, reached and the applicable dates of unless subject to the provisions of those prohibitions. paragraph (c) of this section. (b) Application in territorial seas and (c) Paragraphs (a) and (b) of this sec- archipelagic waters. Unless stated other- tion do not apply in the event that a wise in particular specifications, the WCPFC observer collects, or requests limits specified under the framework the assistance of the vessel crew, oper- shall not apply in the territorial seas ator, or owner in the observer’s collec- or archipelagic waters of the United tion of, samples of oceanic whitetip States or any other nation, as defined shark or silky shark in the Convention by the domestic laws and regulations Area. of that nation and recognized by the (d) The crew, operator, and owner of United States. a fishing vessel of the United States (c) Types of limits. The types of limits used for commercial fishing for HMS in that may be specified under this sec- the Convention Area must allow and tion include, but are not limited to: assist a WCPFC observer to collect (1) Limits on the weight or number of samples of oceanic whitetip shark or fish or other living marine resources of silky shark in the Convention Area, if specific types and/or sizes that may be

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caught, retained, transshipped, landed, fication, unless exempted under the and/or sold; Administrative Procedure Act, 5 U.S.C. (2) Limits on the amount of fishing 553. The specification will include the effort that may be expended, such as characteristics of the limit and the re- the amount of time vessels spend at sea strictions that will go into effect if the (e.g., days at sea) or engaged in fishing limit is reached. (e.g., fishing days), the amount of time (2) For each specified limit that is vessels spend engaged in particular subject to prior notice and public com- fishing activities (e.g., trolling hours), ment, the Pacific Islands Regional Ad- and the quantity of specific fishing ac- ministrator will consider any public tivities (e.g., number of hooks set; comment received on the proposed number of longline sets or purse seine specification, and publish in the FED- sets; number of purse seine sets made ERAL REGISTER a notice of the final on FADs; number of FADs deployed); catch or fishing effort limit specifica- and tion, if appropriate. (3) Areas or periods in which par- (g) Notification of limits being reached. ticular activities are restricted or pro- For quantitative limits, NMFS will hibited, such as periods during which it monitor catch or fishing effort with re- is prohibited to set purse seines on FADs or to use FADs in specific other spect to the specified limit using data ways. submitted in vessel logbooks and other (d) [Reserved] available information. When NMFS es- (e) Allocation of limits among sectors or timates or projects that the specified vessels. (1) The Pacific Islands Regional limit has or will be reached, the Pacific Administrator may allocate a Commis- Islands Regional Administrator will sion-adopted limit among particular publish notification to that effect in sectors or groups of fishing vessels of the FEDERAL REGISTER. the United States, such as for vessels (h) Prohibitions after limit is reached. that use different types of fishing gear. For quantitative limits, the FEDERAL In other words, the Pacific Islands Re- REGISTER notice published under para- gional Administrator may specify sepa- graph (g) of this section will include an rate limits for different sectors or advisement that specific activities will groups of fishing vessels even when not be prohibited during a specific period. required to do so under the Commis- The notice will specify the prohibitions sion’s conservation and management and their start and end dates. The start measures. date of the prohibitions may not be (2) The Pacific Islands Regional Ad- earlier than 7 days after the date of fil- ministrator may not, under this frame- ing for public inspection at the Office work, allocate a Commission-adopted of the Federal Register the notice to be limit among individual fishing vessels published under paragraph (g) of this of the United States. In other words, section. The prohibited activities may the Pacific Islands Regional Adminis- include, but are not limited to, pos- trator may not, under this framework, sessing, retaining on board, trans- specify limits for individual fishing shipping, landing, or selling specific vessels of the United States, except in types and/or sizes of fish or other living the case where there is only one fishing marine resources, and fishing with vessel in a sector or group of fishing specified gear types or methods in vessels that is subject to the limit. specified areas. The Pacific Islands Re- This does not preclude NMFS from al- gional Administrator may, based on re- locating Commission-adopted limits vised estimates or projections of catch among individual fishing vessels or fishing effort with respect to speci- through other regulations. fied limits, rescind or modify the pro- (f) Procedures for specifying limits. (1) hibitions specified under this section. For each specified limit, the Pacific Is- The Pacific Islands Regional Adminis- lands Regional Administrator will pub- trator will publish notice of any such lish in the FEDERAL REGISTER a notice rescissions or modifications in the of the proposed catch or fishing effort FEDERAL REGISTER. limit specification and a request for public comment on the proposed speci- [80 FR 59048, Oct. 1, 2015]

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Subpart P—Vessels on IUU Vessel Transshipping means the offloading, Lists unloading, or transferring of fish or fish products from one vessel to another. SOURCE: 75 FR 59142, Sept. 27, 2010, unless otherwise noted. § 300.302 Port entry by foreign, listed § 300.300 Purpose and scope. IUU vessels. (a) This subpart implements inter- The Assistant Administrator may, in nationally-adopted measures per- accordance with applicable provisions taining to foreign vessels determined of RFMO conservation and manage- to have engaged in illegal, unreported, ment measures, deny a foreign, listed and unregulated (IUU) fishing and IUU vessel entry to any port or place placed on IUU vessel lists of the: subject to the jurisdiction of the (1) International Commission for the United States, except in cases of force Conservation of Atlantic Tunas majeure. (ICCAT), (2) Commission for the Conservation § 300.303 Port access by foreign, listed of Antarctic Marine Living Resources IUU vessels. (CCAMLR), If a foreign, listed IUU vessel is al- (3) Northwest Atlantic Fisheries Or- lowed to enter a port or place subject ganization (NAFO), to the jurisdiction of the United (4) Western and Central Pacific Fish- States, the Assistant Administrator eries Commission (WCPFC), may, in accordance with applicable (5) Inter-American Tropical Tuna provisions of RFMO conservation and Commission (IATTC), and management measures, take one or (6) Parties to the Agreement on the International Dolphin Conservation more of the following actions: Program (AIDCP). (a) Inspect the vessel; (b) For purposes of this subpart, the (b) Deny the vessel access to port above organizations are referred to as services, including but not limited to regional fishery management organiza- refueling, resupplying, or disembarking tions (RFMOs). Each of these RFMOs or embarking of crew; or adopts or approves an IUU vessel list in (c) Prohibit the vessel from engaging accordance with their respective rules in commercial transactions including, and procedures. The lists are publicly but not limited to, transshipping or available at each RFMO’s Web site. landing product. The regulations in this subpart apply to all persons subject to the jurisdic- § 300.304 Prohibitions. tion of the United States, wherever (a) It is unlawful for a foreign, listed they are. IUU vessel denied entry under § 300.302 § 300.301 Definitions. to enter any port or place subject to the jurisdiction of the United States. In addition to the terms defined in (b) It is unlawful for any foreign, list- § 300.2, the terms used in this subpart have the following meanings. ed IUU vessel to obtain port services or Landing means to begin to offload engage in commercial transactions, or fish, or to offload fish from any vessel. attempt to obtain such services or en- Listed IUU Vessel means a vessel that gage in such transactions, if such ac- is included on a final IUU vessel list tivities have been denied or prohibited adopted or approved by an RFMO to under § 300.303(b) and/or § 300.303(c), or if which the United States is a party. the vessel has been denied entry under Processing means the preparation or § 300.302. packaging of fish to render it suitable (c) It is unlawful for any person, for human consumption, retail sale, in- without prior authorization from the dustrial uses or long-term storage, in- Assistant Administrator, to engage in cluding, but not limited to, cooking, commercial transactions with listed canning, smoking, salting, drying, IUU vessels. Such transactions include, filleting, freezing, or rendering into but are not limited to: meal or oil. (1) Transshipment;

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(2) Processing fish harvested or land- Accountability for Every Port Act of ed by a listed IUU vessel or processing 2006. The requirements in this subpart fish using a listed IUU vessel; may be incorporated by reference in (3) Joint fishing operations; other regulations under this title. (4) Providing supplies, fuel, crew, or otherwise supporting a listed IUU ves- § 300.321 Definitions. sel; or ACE Implementation Guide for NMFS (5) Chartering or entering in a char- means the data set and document im- tering arrangement with a listed IUU aging requirements set forth in the Ap- vessel. pendices to the Customs and Trade (d) The prohibitions listed in Automated Interface Requirements § 300.304(c) shall not apply when the As- issued by Customs and Border Protec- sistant Administrator has authorized a tion. listed IUU vessel to access such port Aggregated Harvest Report means a services or engage in such commercial record made at a single collection transactions, in accordance with appli- point on a single calendar day for ag- cable provisions of RFMO conservation gregated catches by multiple small- and management measures, including scale fishing vessels (20 measured gross in cases of force majeure and where the tons or less or 12 meters length overall Assistant Administrator has deter- or less) offloaded at that collection mined that such services are essential point on that day, or for a landing by to the safety, health, and welfare of the a vessel to which the catches of one or crew. more small-scale vessels were transferred at sea. An Aggregated Harvest Subpart Q—International Trade Report also means a record made at a Documentation and Tracking single collection point or processing fa- Programs cility on a single calendar day for aggregated deliveries from multiple SOURCE: 81 FR 51137, Aug. 3, 2016, unless small-scale aquaculture facilities, otherwise noted. where each aquaculture facility deliv- ers 1,000 kg or less to that collection § 300.320 Purpose and scope. point or processing facility on that The regulations in this subpart are day. An Aggregated Harvest Report issued under the authority of the At- may not be used for information for lantic Tunas Convention Act of 1975 catches from vessels greater than 20 (ATCA), the Magnuson-Stevens Fishery measured gross tons or 12 meters Conservation and Management Act, the length overall, and deliveries of more Tuna Conventions Act of 1950, and the than 1000 kg from aquaculture facili- Antarctic Marine Living Resources ties. Convention Act of 1984. These regula- AMLR trade program means the pro- tions implement the applicable rec- gram for monitoring trade in Antarctic ommendations of the International marine living resources including, Commission for the Conservation of inter alia, Dissostichus species as set Atlantic Tunas (ICCAT) for the con- forth in subpart G of this part. servation and management of tuna and Automated Commercial Environment tuna-like species in the Atlantic (ACE) means, for purposes of this sub- Ocean, the Inter-American Tropical part, the central point through which Tuna Commission (IATTC) for the con- import shipment data required by mul- servation and management of highly tiple agencies is filed electronically to migratory fish resources in the eastern Customs and Border Protection (CBP). Pacific Ocean, and the Commission for Automated Export System (AES) the Conservation of Antarctic Marine means, for purposes of this subpart, the Living Resources so far as they affect central point through which export vessels and persons subject to the juris- shipment data required by multiple diction of the United States. These reg- agencies is filed electronically to Cus- ulations are also issued under the Ma- toms and Border Protection (CBP). rine Mammal Protection Act of 1972, Catch and Statistical Document/Docu- the Dolphin Protection Consumer In- mentation means a document or docu- formation Act and the Security and mentation, in paper or electronic form,

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accompanying regulated seafood im- sumption, withdrawal from customs ports and exports that is submitted by bonded warehouse for consumption, or importers and exporters to document entry for consumption from a foreign compliance with TTVP, AMLR trade trade zone. program, and HMS ITP trade docu- International Fisheries Trade Permit (or mentation programs or the Seafood IFTP) means the permit issued by Traceability Program as described in NMFS under § 300.222. this subpart. Seafood Traceability Program means CBP means U.S. Customs and Border the data reporting and recordkeeping Protection, Department of Homeland requirements established under § 300.324 Security. and includes the permitting require- Documentation and data sets required ments of § 300.322, and the requirements under this subpart refers to documenta- under § 300.323 as they pertain to spe- tion and data that must be submitted cies or species group subject to the by an importer or exporter to NMFS at Seafood Traceability Program. the time of, or in advance of, import, TTVP means the Tuna Tracking and export, or re-export, as applicable for Verification Program, which regulates those seafood products regulated under trade in certain fishery products as set the TTVP, AMLR trade program, and forth in § 216.24(f)(2) of this title. HMS ITP or the Seafood Traceability Program as described in this subpart. [81 FR 51137, Aug. 3, 2016, as amended at 81 The required data sets and document FR 88996, Dec. 9, 2016] images to be submitted for specific programs and transactions are posted by § 300.322 International Fisheries Trade Permit. CBP as indicated in § 300.323. Fish or fish products regulated under (a) General. Any person, including a this subpart means species and products resident agent for a nonresident cor- containing species regulated under this poration (see 19 CFR 141.18), who im- subpart, and the AMLR trade program, ports as defined in § 300.321, exports, or the HMS ITP, the TTVP, or the Sea- re-exports fish or fish products regu- food Traceability Program. lated under this sub-part from any Harvest Event means, for wild-capture ocean area, must possess a valid Inter- fisheries, the landing of fish in port or national Fisheries Trade Permit offloading of fish from a fishing vessel (IFTP) issued under this section. Fish that caught the fish to a carrier vessel or fish products regulated under this at sea or in port, and for aquaculture subpart may not be imported into, or production, the delivery of fish from exported or re-exported from, the the facility to a consolidator or a proc- United States unless the IFTP holder essor. For wild-capture fisheries, the files electronically the documentation harvest event is considered to occur at and the data sets required under this the fishing trip level, such that the subpart with U.S. Customs and Border harvest event concludes at the time Protection (CBP) via ACE at the time catch is landed or offloaded from the of, or in advance of, importation, ex- catching vessel. For fishing trips oc- portation or re-exportation. If author- curring in more than one area, each ized under other regulations under this area fished during the trip must be title or other applicable laws and regu- identified in the report on the harvest lations, a representative or agent of event. the IFTP holder may make the elec- HMS ITP means the Highly Migra- tronic filings. Only persons resident in tory Species International Trade Pro- the United States are eligible to apply gram which includes trade monitoring for the IFTP. and/or reporting and consignment doc- (b) Application. A person must apply umentation for trade of bluefin tuna, for an IFTP electronically via a Web southern bluefin tuna, frozen bigeye site designated by NMFS. The applica- tuna, swordfish, and shark fins as de- tion must be submitted electronically scribed in subpart M of this part. with the required permit fee payment, Import has the same meaning as 16 at least 30 days before the date upon U.S.C. 1802(22). Import includes, but is which the applicant wishes the permit not limited to, customs entry for con- to be made effective.

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(c) Issuance. Except as provided in by a commercial instrument later de- subpart D of 15 CFR part 904, NMFS termined to be insufficiently funded will issue an IFTP within 30 days of re- shall invalidate any permit. ceipt of a completed application. (k) Change in application information. NMFS will notify the applicant of any Within 15 days after any change in the deficiency in the application, including information contained in an applica- failure to provide information, docu- tion submitted under this section, the mentation or reports required under permit holder must report the change this subpart. If the applicant fails to to NMFS via a Web site designated by correct the deficiency within 30 days NMFS. If a change in permit informa- following the date of notification, the tion is not reported within 30 days, the application will be considered aban- permit is void as of the 30th day after doned. such change. (d) Duration. An IFTP issued under (l) Renewal. Persons must apply an- this section is valid for a period of one nually for an IFTP issued under this year from the permit effective date. section. A renewal application must be (e) Alteration. Any IFTP that is sub- submitted via a Web site designated by stantially altered, erased, or mutilated NMFS, at least 15 days before the per- is invalid. mit expiration date to avoid a lapse in (f) Replacement. NMFS may issue re- permitted status. NMFS will renew a placement permits. An application for permit provided that: The application a replacement permit is not considered for the requested permit renewal is a new application. An appropriate fee, complete; all documentation and re- consistent with paragraph (j) of this ports required under this subpart and section, may be charged for issuance of the Magnuson-Stevens Act, Atlantic a replacement permit. Tuna Conventions Act, the Tuna Con- (g) Transfer. An IFTP issued under ventions Act, the Marine Mammal Pro- this section is not transferable or as- tection Act, the Dolphin Consumer signable; it is valid only for the permit Protection Information Act, and the holder to whom it is issued. Antarctic Marine Living Resources Act (h) Inspection. The permit holder must keep the IFTP issued under this have been submitted, including those section at his/her principal place of required under §§ 216.24, 216.93, 300.114, business. The IFTP must be displayed 300.183, 300.185, 300.186, 300.187 and 635.5 for inspection upon request of any au- of this title; and the applicant is not thorized officer, or any employee of subject to a permit sanction or denial NMFS designated by NMFS for such under paragraph (i) of this section. purpose. § 300.323 Reporting and recordkeeping (i) Sanctions. The Assistant Adminis- requirements. trator may suspend, revoke, modify, or deny a permit issued or sought under (a) Reporting. Any person, including a this section. Procedures governing per- resident agent for a nonresident entity mit sanctions and denials are found at (see 19 CFR 141.18), who imports as de- subpart D of 15 CFR part 904. fined in § 300.321, exports, or re-exports (j) Fees. NMFS will charge a fee to re- fish or fish products regulated under cover the administrative expenses of this subpart must file all data sets, re- permit issuance. The amount of the fee ports, and documentation as required is calculated, at least annually, in ac- under the AMLR program, HMS ITP, cordance with the procedures of the TTVP and Seafood Traceability Pro- NOAA Finance Handbook, available gram, and under other regulations that from NMFS, for determining the ad- incorporate by reference the require- ministrative costs of each special prod- ments of this subpart. For imports, uct or service. The fee may not exceed specific instructions for electronic fil- such costs and is specified on each ap- ing are found in Customs and Trade plication form. The appropriate fee Automated Interface Requirements must be submitted via a Web site des- (CATAIR) Appendix PGA (https:// ignated by NMFS at the time of appli- www.cbp.gov/document /guidance/appen- cation. Failure to pay the fee will pre- dix-pga). For exports, specific instruc- clude issuance of the permit. Payment tions for electronic filing are found in

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Automated Export System Trade Inter- to be reported or retained under this face Requirements (AESTIR) Appendix program for fish oil, slurry, sauces, Q (https://www.cbp.gov/document /guid- sticks, balls, cakes, pudding and other ance/aestir-draft- appendix-q-pga-record- similar fish products for which it is not formats). For fish and fish products reg- technically or economically feasible to ulated under this subpart, an ACE identify the species of fish comprising entry filing or AES export filing, as ap- the product or the harvesting event(s) plicable, is required, except in cases contributing to the product in the ship- where CBP provides alternate means of ment. collecting NMFS-required data and/or (2) The following species or species document images. groups are subject to this Seafood (b) Recordkeeping. A paper or elec- Traceability Program: Atlantic Cod; tronic copy of all documentation and Pacific Cod; Blue Crab; Red King Crab; data sets required under this subpart, Dolphinfish (Mahi Mahi); Grouper; Red and all supporting records upon which Snapper; Sea Cucumber; Sharks; an entry filing or export declaration is Swordfish; Tunas (Albacore, Bigeye, made, must be maintained by the im- Skipjack, Yellowfin, and Bluefin). The porter of record or the exporting prin- harmonized tariff schedule (HTS) num- cipal party in interest as applicable, bers applicable to these species or spe- and made available for inspection, at cies groups are listed in the documents the importer’s/exporter’s place of busi- referenced in paragraph (c) of this sec- ness for a period of two years from the tion. Compliance with the require- date of the import, export or re-export. ments of the Seafood Traceability Pro- [81 FR 88997, Dec. 9, 2016] gram for these species or groups of species is mandatory beginning January 1, § 300.324 Seafood Traceability Pro- 2018. gram. (3) The following species or species This section establishes a Seafood groups are also subject to this Seafood Traceability Program which has data Traceability Program: Abalone and reporting requirements at the time of Shrimp. The harmonized tariff sched- entry for imported fish or fish products ule (HTS) numbers applicable to these and recordkeeping requirements for species or species groups are listed in fish or fish products entered into U.S. the documents referenced in paragraph commerce. The data reported and re- (c) of this section. The Seafood tained will facilitate enforcement of Traceability Program for these species section 307(1)(Q) of the Magnuson-Ste- or species groups consists of two com- vens Act and the exclusion of products ponents: from entry into U.S. commerce that (i) The data reporting requirements are misrepresented or the product of il- of paragraphs (b)(1) through (3) and (c) legal or unreported fishing. The data of this section in conjunction with reporting and recordkeeping require- § 300.323(a); and ments under the program enable (ii) The permit requirements of verification of the supply chain of the § 300.322, the IFTP number reporting re- product offered for entry back to the quirement in paragraph (b)(4) of this harvesting event(s). In addition, the section in conjunction with § 300.323(a), permitting requirements of § 300.322 and the recordkeeping requirements of pertain to importers of products within § 300.323(b) which includes the record- the scope of the program. keeping of all information specified in (a)(1) For species or species groups paragraphs (b) and (e) of this section. subject to this Seafood Traceability (b) In addition to data reporting re- Program, data is required to be requirements applicable, pursuant to ported and retained under this program other authorities and requirements set for all fish and fish products, whether out elsewhere in U.S. law and regula- fresh, frozen, canned, pouched, or oth- tion (e.g., under other NMFS programs erwise prepared in a manner that al- or U.S. Customs and Border Protection lows, including through label or dec- (CBP) requirements), to the particular laration, the identification of the spe- commodity offered for entry, the im- cies contained in the product and the porter of record is required to provide harvesting event. Data is not required the following data set in ACE at the

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time of entry for each entry containing quired to submit the data under para- the species or species groups listed graph (b) of this section through ACE under paragraph (a) of this section: as a message set and/or image files in (1) Information on the entity(ies) conformance with the procedures and harvesting or producing the fish: Name formats prescribed by the NMFS Im- and flag state of harvesting vessel(s) plementation Guide and CBP and made and evidence of fishing authorization; available at: http://www.cbp.gov/trade Unique vessel identifier(s) (if avail- /ace/catair. All harvest events contrib- able); Type(s) of fishing gear used to uting to the inbound shipment must be harvest the fish; Name(s) of farm or reported, but links between portions of aquaculture facility. Vessel-, farm-, or the shipment and particular harvest aquaculture facility-specific informa- events are not required. tion is not required if the importer of (d) Import shipments of fish or fish record provides information from an products subject to this program may Aggregated Harvest Report, unless the be selected for inspection and/or the in- product offered for entry is subject to formation or records supporting entry another NMFS program that requires may be selected for audit, on a pre- or data reporting or documentation at an post-release basis, in order to verify individual vessel, farm, or aquaculture the information submitted at entry. To facility level. support such audits, the importer must (2) Information on the fish that was retain records of the information re- harvested and processed: Species of fish ported at entry under paragraph (b) of (Aquatic Sciences Fishery Information this section in electronic or paper for- System 3-alpha code as listed at http:// www.fao.org/); Product form(s) at the mat, and make them available for in- point of first landing whether unproc- spection, at the importer’s place of essed or processed prior to landing/de- business for a period of two years from livery; Quantity and/or weight of the the date of the import. product(s) as landed/delivered. When an (e) In addition to the entry record- Aggregated Harvest Report is used, the keeping requirements specified at 19 importer must provide all of the infor- CFR part 163 and § 300.323(b), the im- mation under this paragraph (b)(2), but porter of record is required to maintain may provide the total quantity and/or records containing information on the weight of the product(s) as landed/de- chain of custody of the fish or fish livered on the date of the report. products sufficient to trace the fish or (3) Information on where and when fish product from point of entry into the fish were harvested and landed: U.S. commerce back to the point of Area(s) of wild-capture or aquaculture harvest, including individual or Aggre- location; Location of aquaculture facil- gated Harvest Reports, if any, and in- ity; Point(s) of first landing; Date(s) of formation that identifies each custo- first landing, transshipment or deliv- dian of the fish or fish product (such as ery; Name of entity(ies) (processor, any transshipper, processor, storage fa- dealer, vessel) to which fish was landed cility or distributor). The latter may or delivered. When an Aggregated Har- include widely used commercial docu- vest Report is used, the importer must ments such as declarations by the har- provide all of the information under vesting/carrier vessels or bills of lad- this paragraph (b)(3). Some product of- ing. The importer must retain such fered for entry may be comprised of chain-of-custody records in electronic products from more than one harvest or paper format, and make them avail- event and each such harvest event rel- able for inspection, at the importer’s/ evant to the contents of the shipment exporter’s place of business for a period must be documented; however, specific of two years from the date of the im- links between portions of the shipment port. and a particular harvest event are not required. [81 FR 88997, Dec. 9, 2016] (4) The NMFS-issued IFTP number for the importer of record. § 300.325 Prohibitions. (c) The importer of record, either di- In addition to the prohibitions speci- rectly or through an entry filer, is re- fied in §§ 300.4, 300.117, and 300.189 and

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600.725 and 635.71 of this title, it is un- the Agreement, the definition in this lawful for any person subject to the ju- section shall apply. risdiction of the United States to: Bottom fishing means fishing using (a) Violate any provision of this sub- gear that is likely to contact the part, or the conditions of any IFTP seafloor during the normal course of issued under this subpart; fishing operations. (b) Import, export or re-export fish or Enhanced mobile transceiver unit fish products regulated under this sub- (EMTU) is defined in 50 CFR 600.1500. part, including imports or exports oth- High seas means the waters beyond erwise eligible for informal filing pro- the territorial sea or exclusive eco- cedures or the de minimis value exemp- nomic zone (or the equivalent) of any tion from filing requirements under Nation, to the extent that such terri- CBP procedures, without a valid IFTP torial sea or exclusive economic zone as required under § 300.322 or without (or the equivalent) is recognized by the submitting complete and accurate in- United States. formation as required under § 300.323; and High seas fishing permit means a permit issued under this subpart. (c) Import species listed in § 300.324(a) without a valid IFTP or without sub- High seas fishing vessel means any ves- mitting complete and accurate infor- sel of the United States used or in- mation as required under § 300.324(b) tended for use on the high seas for the and (c) or without maintaining for in- purpose of the commercial exploitation spection records as required under of living marine resources and as a har- § 300.324(d) and (e). vesting vessel, mothership, or any other support vessel directly engaged [81 FR 88998, Dec. 9, 2016] in a fishing operation. Support vessels include vessels that process or trans- Subpart R—High Seas Fisheries ship fish on the high seas; provide supplies, personnel or fuel on the high seas AUTHORITY: 16 U.S.C. 5501 et seq. to other fishing vessels; or conduct other activities in support of, or in SOURCE: 80 FR 62495, Oct. 16, 2015, unless preparation for fishing. otherwise noted. Redesignated at 81 FR 51137, Aug. 3, 2016. International conservation and management measures means measures to con- § 300.330 Purpose. serve or manage one or more species of This subpart implements the High living marine resources that are adopt- Seas Fishing Compliance Act of 1995 ed and applied in accordance with the (Act), which requires the Secretary to relevant rules of international law, as license U.S. vessels fishing on the high reflected in the 1982 United Nations seas and to ensure that such vessels do Convention on the Law of the Sea, and not operate in contravention of inter- that are recognized by the United national conservation and management States. Such measures may be adopted measures recognized by the United by global, regional, or sub-regional States. fisheries organizations, subject to the rights and obligations of their mem- § 300.331 Definitions. bers, or by treaties or other international agreements. In addition to the terms defined in section 300.2 and those in the Act and Observer means any person serving in the Agreement to Promote Compliance the capacity of an observer employed with International Conservation and by NMFS, either directly or under con- Management Measures by Fishing Ves- tract with a third party, or certified as sels on the High Seas, adopted by the an observer by NMFS. Conference of the Food and Agriculture Office Director means the director of Organization of the United Nations on the NMFS Office for International Af- November 24, 1993 (Agreement), the fairs and Seafood Inspection. terms used in this subpart have the fol- Regional Administrator means any one lowing meanings. If a term is defined of the Directors of a NMFS regional of- differently in section 300.2, the Act, or fice, defined under § 300.2.

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Transship or transshipment means off- cient evidence to the Regional Admin- loading or receiving or otherwise trans- istrator or Office Director dem- ferring fish or fish products from one onstrating that the owner and operator fishing vessel to another. Excluded at the time the vessel undermined the from this definition is net sharing, effectiveness of such measures have no which means the transfer of fish that further legal, beneficial, or financial have not yet been loaded on board any interest in, or control of, the vessel. fishing vessel from the purse seine net (3) The restrictions in paragraphs of one vessel to another fishing vessel. (a)(1)(i) and (ii) of this section do not Fish shall be considered to be on board apply if it is determined by the Re- a fishing vessel once they are on a deck gional Administrator or Office Director or in a hold, or once they are first lift- that issuing a permit would not sub- ed out of the water by the vessel. vert the purposes of the Agreement. Vessel monitoring system (VMS) is de- (b) Applicability. Any high seas fish- fined in 50 CFR 600.1500. ing vessel used for fishing, as defined under § 300.2, on the high seas must § 300.332 Issuing offices. have on board a valid permit issued Any Regional Administrator or the under this subpart. Office Director may issue permits re- (c) Application. Permit application quired under this subpart. While appli- forms are available from the NMFS cants for permits may submit an appli- Web site or from any Regional Admin- cation to any Regional Administrator istrator or the Office Director. Failure or the Office Director, applicants are to submit a complete and accurate ap- encouraged to submit their applica- plication, along with all other required tions (with envelopes marked ‘‘Attn: documentation and the specified fee HSFCA Permits’’) to the Regional Ad- will preclude issuance of a permit. To ministrator or the Office Director with apply for a permit under this subpart, whom they normally interact on fish- the owner or operator of a high seas eries matters. fishing vessel must submit the following to a Regional Administrator or § 300.333 Vessel permits. Office Director: (a) Eligibility. (1) Any vessel owner or (1) A complete, accurate application operator of a high seas fishing vessel is form signed by the vessel owner or op- eligible to receive a permit for a fish- erator. ery authorized on the high seas under (2) Information required under this this subpart, unless the vessel was pre- section and § 300.334(a). viously authorized to be used for fish- (3) A color photograph showing an ing on the high seas by a foreign na- entire bow-to-stern side-view of the tion, and— vessel in its current form and appear- (i) The foreign nation suspended such ance. The photograph must clearly and authorization, because the vessel un- legibly display the vessel name and dermined the effectiveness of inter- identification markings. If the vessel’s national conservation and management form or appearance materially changes measures, and the suspension has not (such as the vessel is painted another expired; or color, the vessel’s identification mark- (ii) The foreign nation, within the 3 ings change, or the vessel undergoes a years preceding application for a per- structural modification) the vessel mit under this section, withdrew such owner and operator must submit a new authorization, because the vessel un- photograph of the vessel within 15 days dermined the effectiveness of inter- of the change. national conservation and management (4) For vessels with state registration measures. instead of U.S. Coast Guard docu- (2) The restrictions in paragraphs mentation, the applicant must supply (a)(1)(i) and (ii) of this section do not additional vessel information that apply if ownership of the vessel has NMFS may request. changed since the vessel undermined (5) The fee specified in the applica- the effectiveness of international con- tion form. Payment by a commercial servation and management measures, instrument later determined to be in- and the new owner has provided suffi- sufficiently funded will invalidate any

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permit. NMFS charges this fee to re- fice Director who issued the permit cover the administrative expenses of within 15 days of such changes. permit issuance, and the amount of the (g) Renewal. Application for renewal fee is determined in accordance with of a permit prior to its expiration is the procedures of the NOAA Finance the responsibility of the permit holder Handbook. and may be completed per § 300.333(c). (d) Permit issuance and validity. (1) Ex- The Regional Administrator or Office cept as provided for in subpart D of 15 Director will not consider a permit re- CFR part 904, and subject to para- newal application to be complete until graphs (a), (c), and (d)(2) and (3) of this the permit holder satisfies all required section, the Regional Administrator or fishing activity report requirements Office Director will issue a permit, under the permit and § 300.341. The Re- which will include applicable condi- gional Administrator or Office Director tions or restrictions, within 15 days of will not issue a renewed permit unless receipt of a completed application and an EMTU has been activated on the payment of the appropriate fee. vessel in accordance with § 300.337(c)(2) (2) The Regional Administrator or Of- and the applicant holds a valid permit fice Director will not issue a permit for the subject vessel for any U.S. do- unless an EMTU has been installed and mestic fisheries related to the author- activated on the vessel in accordance ized high seas fishery. with § 300.337(c)(2). (h) Marine mammals and ESA-listed (3) The Regional Administrator or Of- species. Permits issued under this sec- fice Director will not issue a permit unless the applicant holds a valid per- tion do not authorize vessels or persons mit for the subject vessel for any U.S. subject to the jurisdiction of the domestic fisheries related to the au- United States to take marine mam- thorized high seas fishery. mals or ESA-listed species. No marine (4) Except as otherwise provided, per- mammals or ESA-listed species may be mits issued under this subpart are taken in the course of fishing oper- valid for 5 years from the date of ations unless the taking is allowed issuance. For a permit to remain valid under the Marine Mammal Protection to its expiration date, the vessel’s U.S. Act or the Endangered Species Act Coast Guard documentation or state (ESA), pursuant to regulations, an au- registration must be kept current. A thorization, or permit granted by permit issued under this subpart is NMFS or the U.S. Fish and Wildlife void when the vessel owner or the Service. name of the vessel changes, or in the (i) Permit Status Changes. NMFS may event the vessel is no longer eligible modify, suspend, or revoke a permit for U.S. documentation, such docu- issued under this subpart if permitted mentation is revoked or denied, or the activities may impact living marine re- vessel is removed from such docu- sources in ways that were not consid- mentation. ered at the time of permit issuance; are (5) A permit issued under this sub- in contravention of an international part is not transferable or assignable conservation and management meas- to another vessel or owner; it is valid ure; or violate any applicable law. only for the vessel and owner to which NMFS will notify an affected permit it is issued. holder of any potential change in per- (e) Display. A valid permit, or a copy mit status by contacting the permit thereof, issued under this subpart must holder at the address of record provided be on board any high seas fishing vessel on the permit application or as updated while operating on the high seas and pursuant to paragraph (f) of this sub- available for inspection by an author- section and will provide an opportunity ized officer. to respond, consistent with the Admin- (f) Change in application information. istrative Procedure Act and other ap- Any changes in vessel documentation plicable law. status or other permit application information must be reported in writing to the Regional Administrator or Of-

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§ 300.334 Fisheries authorized on the which will expire 5 years from the high seas. original effective date. (a) General. When applying for a per- (d) Revision of authorized fisheries list. mit under § 300.333, the owner or oper- Through rulemaking, NMFS will add a ator of a high seas fishing vessel must fishery to, or delete a fishery from, the identify in the application the author- list in paragraph (a) of this section. ized fisheries in which he or she in- NMFS may add or delete fisheries from tends to fish. More than one authorized the list after completing any analyses fishery may be selected. The following required under the Endangered Species fisheries are authorized on the high Act, Marine Mammal Protection Act, seas: National Environmental Policy Act, (1) 50 CFR part 300, subpart C—East- and other applicable laws. In taking ern Pacific Tuna Fisheries. such action, NMFS, in consultation (2) 50 CFR part 300, subpart D—South with the relevant Regional Fishery Pacific Tuna Fisheries. Management Council(s) where appro- (3) 50 CFR part 300, subpart G—Ant- priate, will consider, among other arctic Marine Living Resources. things, whether: (4) 50 CFR part 635—Atlantic Highly (1) The proposed fishing activities Migratory Species Fisheries. would detrimentally affect the well- (5) 50 CFR part 660, subpart K—U.S. being of the stock of any regulated spe- West Coast Fisheries for Highly Migra- cies of fish, marine mammal, or species tory Species. listed as threatened or endangered (6) 50 CFR part 665, subpart F—West- under the Endangered Species Act; ern Pacific Pelagic Fisheries. (2) The proposed fishing activities (7) South Pacific Albacore Troll Fish- would be inconsistent with relevant ery. fishery management plans and their (8) Northwest Atlantic Fishery. implementing regulations or other ap- (b) Requirements for authorized fish- plicable law; eries. For each of the authorized fish- (3) Insufficient mechanisms exist to eries specified on the high seas fishing effectively monitor the activities of permit, the owner or operator of the high seas fishing vessel must: vessels engaged in the proposed fishing (1) Abide by the regulations, set forth activities; or in other parts of this chapter and Chap- (4) The proposed fishing activities ter VI, governing those authorized fish- would contravene international con- eries while operating on the high seas; servation and management measures (2) Obtain and renew any appropriate recognized by the United States. permits or authorizations; and (e) Request for revision of authorized (3) Notify the Regional Adminis- fisheries list. A person may submit a trator or Office Director who issued the written request to the Office Director permit immediately in the event that a to add a fishery to or delete a fishery species listed as threatened or endan- from the list. A request to delete a gered under the ESA is taken inci- fishery from the list of authorized fish- dental to the fishing activities without eries must include the name of the authorization under a relevant inci- fishery; information that addresses dental take statement. considerations under paragraph (d) of (c) Change in authorized fisheries. If a this section; and, if requested by high seas fishing permit holder elects NMFS, any additional information nec- to change the authorized fisheries spec- essary for NMFS to conduct analyses ified on the permit, he or she shall no- required under applicable laws. A re- tify the Regional Administrator or Of- quest to add a fishery to the list of au- fice Director who issued the permit of thorized fisheries must include the fol- the change(s) and shall obtain the un- lowing information: derlying permits for the authorized (1) The species (target and inci- fisheries prior to engaging in the fish- dental) expected to be harvested and ery on the high seas. Per the process the anticipated amounts of such har- under § 300.333(d), the Regional Admin- vest and bycatch; istrator or Office Director will then (2) The approximate times and places issue a revised high seas fishing permit when fishing is expected to take place,

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the number and type of vessels ex- and, if necessary, secures any under- pected to participate, and the type, lying permits necessary for participa- size, and amount of gear expected to be tion in another authorized high seas used; fishery, the Regional Administrator or (3) A description of the specific area Office Director will then issue a revised that may be affected by the fishing ac- high seas fishing permit per the process tivities; under § 300.333(d). The revised permit (4) A description of any anticipated will expire 5 years from the original ef- impacts on the environment, including fective date. impacts on fisheries, marine mammals, and species listed as threatened or en- § 300.335 Bottom fishing. dangered under the ESA or their crit- (a) Bottom fishing may be permitted ical habitat; on the high seas when authorized by (5) Other information that addresses international conservation and man- considerations under paragraph (d) of agement measures recognized by the this section; and United States. For bottom fishing ac- (6) If requested by NMFS, any addi- tivity not subject to international con- tional information necessary for NMFS servation measures recognized by the to conduct analyses required under ap- United States, a person who seeks to plicable laws. engage in such fishing must request au- (7) Once all required information is thorization of a new high seas fishery received to proceed with consideration as described in § 300.334(e) and then, if of a request, NMFS will publish in the the fishery is authorized, must obtain FEDERAL REGISTER a proposed rule, all applicable permits including a high noting receipt of the request to add an seas fishing permit issued under authorized fishery, and inviting infor- § 300.333. NMFS may specify conditions mation and comments. Relevant infor- and restrictions in the permit to miti- mation received during the comment gate adverse impacts on VMEs, which period may be considered by NMFS may include the types of conditions and, where appropriate, the relevant that have been adopted in relevant Regional Fishery Management Coun- RFMO measures recognized by the cil(s), in analyzing potential environ- United States. mental impacts of the fisheries and de- (b) Permit. To be permitted under this veloping any conditions or restrictions. section, the owner or operator of a high Based on its analysis, considerations seas fishing vessel must follow the pro- under paragraph (d) of this section, and cedures under § 300.334(e) or, if he or she other relevant considerations, NMFS seeks to change an existing permit, will publish its decision on the request must follow the procedures under in the FEDERAL REGISTER. § 300.334(c). (f) Deletion of a fishery from the authorized fisheries list. NMFS will delete § 300.336 Vessel identification. (i.e., deauthorize) a fishery under para- (a) General. A vessel permitted under graph (d) or (e) of this section through this subpart must be marked for identi- publication of a final rule. NMFS will fication purposes in accordance with also provide notice to affected permit this section. holders by email and by Registered (b) Marking. Vessels must be marked Mail at the addresses provided to either: NMFS in the high seas permit applica- (1) In accordance with vessel identi- tion. When a fishery is deleted from the fication requirements specified in Fed- list, any activities on the high seas re- eral fishery regulations issued under lated to that fishery are prohibited as the Magnuson-Stevens Act or under of the effective date of the final rule. other Federal fishery management In addition, the high seas permit will statutes; or be voided unless the permit holder no- (2) In accordance with the following tifies NMFS that he or she elects to identification requirements: change to another authorized high seas (i) A vessel must be marked with its fishery or continue in any other au- international radio call sign (IRCS) or, thorized fisheries noted on the permit. if not assigned an IRCS, must be Once the applicant so notifies NMFS marked (in order of priority) with its

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Federal, state, or other documentation (xi) The marks must be white on a number appearing on its high seas fish- black background, or black on a white ing permit and, if a WCPFC Area En- background; dorsement has been issued for the ves- (xii) The background must extend to sel under § 300.212, that documentation provide a border around the mark of no number must be preceded by the char- less than h/6; and acters ‘‘USA’’ and a hyphen (that is, (xiii) The marks and the background ‘‘USA-’’); must be maintained in good condition (ii) The markings must be displayed at all times. at all times on the vessel’s side or superstructure, port and starboard, as § 300.337 Requirements for Enhanced well as on a deck; Mobile Transceiver Units (EMTUs). (iii) The markings must be placed so (a) Vessel position information. The that they do not extend below the wa- owner or operator of a vessel issued a terline, are not obscured by fishing permit under this subpart, or for which gear, whether stowed or in use, and are such permit is required, must have in- clear of flow from scuppers or over- stalled on board the vessel a NMFS board discharges that might damage or type-approved enhanced mobile trans- discolor the markings; ceiver unit (EMTU). The operator or (iv) Block lettering and numbering owner of the vessel must ensure that must be used; the EMTU is operational and properly (v) The height of the letters and reporting positions to NMFS as re- numbers must be in proportion to the quired by this section, except when ex- size of the vessel as follows: for vessels empt under paragraph (d)(1) or (2) of 25 meters (m) and over in length over- this section. If the vessel is also sub- all, the height of letters and numbers ject to EMTU requirements in other must be no less than 1.0 m; for vessels parts of this title, the more restrictive 20 m but less than 25 m in length over- requirements apply. all, the height of letters and numbers (b) Contact information and business must be no less than 0.8 m; for vessels hours. With respect to the require- 15 m but less than 20 m in length over- ments in this section, vessel owners all, the height of letters and numbers and operators should consult with the must be no less than 0.6 m; for vessels divisional office of the NOAA Office of 12 m but less than 15 m in length over- Law Enforcement (OLE) in, or nearest, all, the height of letters and numbers the Region issuing the permit under must be no less than 0.4 m; for vessels this subpart. The OLE VMS Helpdesk 5 m but less than 12 m in length over- in OLE headquarters office may also be contacted. all, the height of letters and numbers must be no less than 0.3 m; and for ves- (c) EMTU installation and activation— sels under 5 m in length overall, the (1) EMTU installation. The vessel owner height of letters and numbers must be or operator shall obtain and have in- no less than 0.1 m; stalled on the fishing vessel, by a qualified marine electrician and in accord- (vi) The height of the letters and ance with any instructions provided by numbers to be placed on decks must be the VMS Helpdesk or OLE divisional no less than 0.3 m; office, a NMFS type-approved EMTU. (vii) The length of the hyphen(s), if OLE is authorized to receive and relay any, must be half the height (h) of the transmissions from the EMTU. The letters and numbers; vessel owner and operator shall ar- (viii) The width of the stroke for all range for a type-approved mobile com- letters, numbers, and hyphens must be munications service to receive and h/6; transmit position reports and email (ix) The space between letters and/or communications from the EMTU to numbers must not exceed h/4 nor be OLE. NMFS makes available lists of less than h/6; type-approved EMTUs and mobile com- (x) The space between adjacent let- munications service providers. Vessel ters having sloping sides must not ex- owners must ensure that the EMTU ceed h/8 nor be less than h/10; and communications service hardware

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purchased is type-approved for all fish- means as directed by OLE: the vessel’s eries and regions in which their vessel name; the vessel’s official number; the will be operating. intent to power down the EMTU; the (2) EMTU activation. When an EMTU reason for power-down; the port where is installed or reinstalled or the mobile the vessel is docked or area where it communications service provider will be operating; and the full name, changes, or if directed by OLE, the ves- telephone, and email contact informa- sel owner and operator shall, prior to tion for the vessel owner or operator. leaving port: (4) When powering up the EMTU, the (i) Turn on the EMTU to make it vessel owner or operator must report operational; to the OLE divisional office in, or near- (ii) Submit a VMS Installation and est, the Region issuing the permit Activation Certification form, or an under this subpart during business activation report as directed by OLE, hours, via email or other means as di- to the OLE divisional office within or rected by OLE: The fact that the nearest to the region issuing the per- EMTU has been powered up; the ves- mit under this subpart; and sel’s name; the vessel’s official number; (iii) Receive confirmation from OLE port name; intended fishery; and full that transmissions are being received name, telephone, and email contact in- properly from the EMTU. formation for the vessel owner or oper- (d) EMTU operation. Unless otherwise ator. provided below, and subject to more re- (5) If the EMTU is powered up after a strictive requirements where applica- long-term or in-port exemption, the ble, the vessel owner or operator shall vessel owner must receive confirma- continuously operate the EMTU so tion from the OLE divisional office in, that it automatically transmits posi- or nearest, the Region issuing the per- tion information to OLE, once every mit under this subpart that EMTU hour or as directed by OLE. transmissions are being received prop- (1) In-port exemption: The EMTU erly before leaving port, entering the may be powered down when the vessel high seas, or entering a fishery that re- will remain at a dock or permanent quires EMTU operation. mooring for more than 72 consecutive hours and after the notice required in (e) Failure of EMTU. If the vessel paragraph (d)(3) of this section is sub- owner or operator becomes aware that mitted to OLE. When powering up the the EMTU has become inoperable or EMTU after the in-port exemption, the that transmission of automatic posi- vessel owner or operator must submit tion reports from the EMTU has been the report required in paragraph (d)(4) interrupted, or if notified by OLE or of this section at least 2 hours before the U.S. Coast Guard that automatic leaving port or mooring. position reports are not being received (2) Long-term exemption: The EMTU from the EMTU or that an inspection may be powered down if the vessel will of the EMTU has revealed a problem not operate on the high seas, or in any with the performance of the EMTU, the fishery that requires EMTU operation, vessel owner or operator shall comply for more than 30 consecutive days and with the following requirements: after the notice required in paragraph (1) If the vessel is in port, the vessel (d)(3) of this section is submitted. owner or operator shall repair or re- When powering up the EMTU from the place the EMTU and comply with the long-term exemption, the vessel owner requirements in paragraph (c)(2) of this or operator must submit the report re- section before the vessel leaves port. quired in paragraph (d)(4) of this sec- (2) If the vessel is at sea, the vessel tion. owner, operator, or designee shall con- (3) Prior to each power-down of the tact the OLE divisional office in, or EMTU, under paragraph (d)(1) or (2) of nearest, the Region issuing the permit this section, the vessel owner or oper- under this subpart by telephone or ator must report to the OLE divisional email at the earliest opportunity dur- office in, or nearest, the Region issuing ing business hours and identify the the permit under this subpart during caller, vessel name, vessel location, business hours, via email or other and the type of fishing permit(s). The

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vessel operator shall follow the in- sibility of NMFS under those regula- structions provided by the OLE divi- tions. sional office, which could include: (h) Tampering. The vessel owner and Ceasing fishing, stowing fishing gear, operator shall ensure that the EMTU is returning to port, or submitting peri- not tampered with, disabled, destroyed, odic position reports at specified inter- damaged or operated improperly, and vals by other means. The vessel owner that its operation is not impeded or or operator must repair or replace the interfered with. EMTU and comply with the require- (i) Inspection. The vessel owner and ments in paragraph (c)(2) of this sec- operator shall make the EMTU, includ- tion within 30 days or before the vessel ing its antenna, connectors and an- leaves port, whichever is sooner. tenna cable, available for inspection by (f) Related VMS requirements. Unless authorized officers or by officers con- specified otherwise in the high seas ducting boarding and inspection under fishing permit, a vessel owner’s and op- a scheme adopted by an RFMO of erator’s compliance with requirements which the United States is a member. in part 300, 635, 660, or 665 of this title (j) Access to data. As required under relating to the installation, carrying, fishery-specific regulations in other and operation of EMTUs will satisfy parts of this title, the vessel owner and the requirements of this section, if the operator shall make the vessel’s posi- requirements are the same or more re- tion data, obtained from the EMTU or strictive than those in this section and other means, available to authorized provided that: officers and to any inspector con- (1) On the high seas, the EMTU is op- ducting a high seas boarding and in- erated continuously and position infor- spection pursuant to a scheme adopted mation is automatically transmitted a by an RFMO of which the United minimum of once every hour; States is a member. (2) The EMTU is type-approved by (k) Communication devices. In cases of NMFS; EMTU failure as specified under para- (3) OLE is authorized to receive and graph (e) of this section, and to facili- relay transmissions from the EMTU; tate communication with management and and enforcement authorities regarding (4) The requirements of paragraph (d) the functioning of the EMTU and other of this section are complied with. If the purposes, the vessel operator shall, EMTU is owned by NMFS, the require- while the vessel is at sea, carry on ment under paragraph (e) of this sec- board and continuously monitor a two- tion to repair or replace the EMTU will way communication device, in addition be the responsibility of NMFS, but the to the EMTU, that is capable of real- vessel owner and operator shall be re- time communication with the OLE di- sponsible for ensuring that the EMTU visional office in, or nearest, the Re- complies with the requirements speci- gion issuing the permit under this sub- fied in paragraph (c)(2) of this section part. before the vessel leaves port. (g) Costs. The vessel owner and oper- § 300.338 Observers. ator shall be responsible for all costs (a) Where observer coverage is not associated with the purchase, installa- otherwise required by other regulation, operation, and maintenance of tions or relevant RFMO conservation the EMTU and for all charges levied by and management measures, NMFS may vendors as necessary to ensure the select for at-sea observer coverage any transmission of automatic position re- vessel that has been issued a high seas ports to OLE as required in paragraph fishing permit. A vessel so selected by (c) of this section. However, if the NMFS must carry an observer when di- EMTU is being carried and operated in rected to do so. compliance with the requirements in (b) NMFS will contact a vessel part 300, 635, 660, or 665 of this title re- owner, in writing, when his or her ves- lating to the installation, carrying, sel is selected for observer coverage and operation of EMTUs, the vessel under this section. owner and operator shall not be respon- (c) A vessel shall not fish on the high sible for any costs that are the respon- seas without taking an observer if

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NMFS contacted the vessel owner (8) Provide access to sea turtle, ma- under paragraph (b) of this section, or rine mammal, sea bird, or other speci- if so required as a condition of a permit mens as requested by the observer. issued under this subpart or pursuant (9) Notify the observer in a timely to other legal authorities, unless the fashion when commercial fishing activ- requirement to carry an observer has ity is to begin and end. been waived under paragraph (d) of this (f) The permit holder, vessel oper- section. ator, and crew must cooperate with the (d) The vessel owner that NMFS con- observer in the performance of the ob- tacts under paragraph (b) of this sec- server’s duties. tion must notify NMFS of his or her (g) The permit holder, vessel oper- next fishing trip that may take place ator, and crew must comply with other on the high seas before commencing terms and conditions to ensure the ef- the fishing trip. NMFS will specify the fective deployment and use of observ- notification procedures and informa- ers that the Regional Administrator or tion requirements, such as expected Office Director imposes by written no- gear deployment, trip duration and tice. fishing area, in its selection letter. § 300.339 Transshipment on the high Once notified of a trip by the vessel seas. owner, NMFS will assign an observer for that trip or notify the vessel owner (a) In addition to any other applica- that coverage pursuant to this subpart ble restrictions on transshipment, in- is not required, given the existing re- cluding those under parts 300 and 635 of quirement for observer coverage under this title, the following requirements other legal authorities. apply to transshipments, when author- (e) The owner, operator, and crew of ized, taking place on the high seas: a vessel on which a NMFS-approved ob- (1) The owner or operator of a U.S. server is assigned must comply with vessel receiving or offloading fish on safety regulations at §§ 600.725 and the high seas shall provide a notice by 600.746 of this title and— fax or email to the Regional Adminis- trator or the Office Director at least 36 (1) Facilitate the safe embarkation hours prior to any intended trans- and debarkation of the observer. shipment on the high seas with the fol- (2) Provide the observer with accom- lowing information: the vessels off- modations, food, and amenities that loading and receiving the trans- are equivalent of those provided to ves- shipment (names, official numbers, and sel officers. vessel types); the location (latitude and (3) Allow the observer access to all longitude to the nearest tenth of a de- areas of the vessel necessary to con- gree) of transshipment; date and time duct observer duties. that transshipment is expected to (4) Allow the observer free and unob- occur; and species, processed state, and structed access to the vessel’s bridge, quantities (in metric tons) expected to working decks, holding bins, weight be transshipped. If another require- scales, holds, and any other space used ment for prior notice applies, the more to hold, process, weigh, or store fish. restrictive requirement (i.e., a require- (5) Allow the observer access to ment for greater advance notice and/or EMTUs, communications equipment, more specific information regarding and navigation equipment to verify op- vessels, location etc.) must be followed. eration, obtain data, and use the com- (2) U.S. high seas fishing vessels shall munication capabilities of the units for report transshipments on the high seas official purposes. to the Regional Administrator or Of- (6) Allow the observer to inspect and fice Director within 15 calendar days copy the vessel’s log, communications after the vessel first enters into port, logs, and any records associated with using the form obtained from the Re- the catch and disposition of fish for gional Administrator or Office Direc- that trip. tor. If there are applicable trans- (7) Provide accurate vessel locations shipment reporting requirements in by latitude and longitude upon request other parts of this title, the more re- by the observer. strictive requirement (e.g., a reporting

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requirement of fewer than 15 calendar any item described at § 300.338 or days) must be followed. § 600.746 of this title; (b) [Reserved] (2) Fish without an observer when the vessel is required to carry an observer § 300.340 Prohibitions. pursuant to § 300.338(c); In addition to the prohibitions in (3) Assault, oppose, harass, impede, § 300.4, it is unlawful for any person to: intimidate, or interfere with an ob- (a) Use a high seas fishing vessel on server; the high seas in contravention of inter- (4) Prohibit or bar by command, im- national conservation and management pediment, threat, coercion, inter- measures. ference, or refusal of reasonable assist- (b) Fish on the high seas unless the ance, an observer from conducting his vessel has been issued, and has on or her duties as an observer; or board, a valid permit issued under (5) Tamper with or destroy samples § 300.333(d). or equipment. (c) Fish on the high seas unless the (g) Fail to submit a prior notice or a vessel has been issued, and has on report of a transshipment as provided board, valid permits related to the au- in § 300.339(b) of this title. thorized fisheries noted on the high (h) Fail to comply with reporting re- seas fishing permit, as required under quirements as provided in § 300.341. § 300.334(b). (d) Operate a high seas fishing vessel § 300.341 Reporting. on the high seas that is not marked in accordance with § 300.336. (a) General. The operator of any ves- (e) With respect to the EMTU, sel permitted under this subpart must (1) Fail to install, activate, or con- accurately maintain on board the ves- tinuously operate a properly func- sel a complete record of fishing activi- tioning and type-approved EMTU as re- ties, such as catch, effort, and other quired in § 300.337; data and report high seas catch and ef- (2) Power-down or power-up the fort information to NMFS in a manner EMTU without following the proce- consistent with the reporting require- dures required in § 300.337; ments of the authorized fishery(ies) (3) In the event of EMTU failure or noted on the high seas permit. Reports interruption, fail to repair or replace must include: identification informa- an EMTU, fail to notify the appro- tion for vessel and operator; operator priate OLE divisional office and follow signature; crew size; whether an ob- the instructions provided, or otherwise server is aboard; target species; gear fail to act as required in § 300.337; used; dates, times, locations, and con- (4) Disable, destroy, damage or oper- ditions under which fishing was con- ate improperly an EMTU installed ducted; species and amounts of fish re- under § 300.337, attempt to do any of the tained and discarded; and details of any same, or fail to ensure that its oper- interactions with sea turtles, marine ation is not impeded or interfered with, mammals, or birds. as provided in § 300.337; (1) The vessel owner and operator are (5) Fail to make an EMTU installed responsible for obtaining and com- under § 300.337 or the position data ob- pleting the reporting forms from the tained from it available for inspection, Regional Administrator or Office Di- as provided in § 300.337; or rector who issued the permit holder’s (6) Fail to carry on board and mon- high seas fishing permit. The com- itor communication devices as required pleted forms must be submitted to the in § 300.337(l); same Regional Administrator or Office (f) With respect to observers, Director or, if directed by NMFS, to a (1) Fail to provide to an observer, a Science Center. NMFS employee, or a designated ob- (2) Reports must be submitted within server provider, information that has the deadline provided for in the author- been requested pursuant to § 300.338 or ized fishery or within 15 days following § 600.746 of this title, or fail to allow an the end of a fishing trip, whichever is observer, a NMFS employee, or a des- sooner. Contact information for the ignated observer provider to inspect Regional Administrators and Science

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Center Directors can be found on the PARTS 301–399 [RESERVED] NMFS Web site. (b) [Reserved]

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