National United States Regulations 50 CFR 300 PART 300—INTERNATIONAL FISHERIES REGULATIONS Title 50: Wildlife and Fisheries PART 300—INTERNATIONAL FISHERIES REGULATIONS -------------------------------------------------------------------------------- Section Contents Figure 1 to Subpart E—Sitka Local Area Management Plan Figure 2 to Subpart E—Ketchikan Non-Rural Area Figure 3 to Subpart E—Juneau Non-Rural Area Figure 4 to Subpart E—Anchorage-Matsu-Kenai Non-Rural Area Figure 5 to Subpart E—Valdez Non-Rural Area Figure 1 to Subpart G—Boundaries of the Statistical Reporting Area in the Southern Ocean Figure 2 to Subpart G—The Use of Streamer Lines To Minimize the Incidental Mortality of Seabirds in the Course of Longline Fishing or Longline Fishing Research Operations in the Convention Area -------------------------------------------------------------------------------- Source: 61 FR 35550, July 5, 1996, unless otherwise noted. Editorial Note: Nomenclature changes to part 300 appear at 64 FR 44431, Aug. 16, 1999. Subpart A—General top Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 951–961 and 971 et seq.; 16 U.S.C. 973–973r; 16 U.S.C. 2431 et seq.; 16 U.S.C. 3371–3378; 16 U.S.C. 3636(b); 16 U.S.C. 5501 et seq.; and 16 U.S.C. 1801 et seq. § 300.1 Purpose and scope. top The purpose of this part is to implement the fishery conservation and management measures provided for in the international treaties, conventions, or agreements specified in each subpart, as well as certain provisions of the Lacey Act Amendments of 1981. The regulations in this part apply, except where otherwise specified in this part, to all persons and all places subject to the jurisdiction of the United States under the acts implemented under each subpart. § 300.2 Definitions. top In addition to the definitions in each act, agreement, convention, or treaty specified in subparts B through K of this part, the terms used in this part have the following meanings: Assistant Administrator means the Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration, Department of Commerce, or a designee. Address: Room 14555, 1315 East-West Highway, Silver Spring, MD 20910. Authorized officer means: (1) Any commissioned, warrant, or petty officer of the U.S. Coast Guard; or any U.S. Coast Guard personnel accompanying and acting under the direction of a commissioned, warrant, or petty officer of the U.S. Coast Guard; (2) Any special agent or fisheries enforcement officer of NMFS; or (3) Any person designated by the head of any Federal or state agency that has entered into an agreement with the Secretary of Commerce or the Commandant of the U.S. Coast Guard to enforce the provisions of any statute administered by the Secretary. CCAMLR inspector means a person designated by a member of the Commission for the Conservation of Antarctic Marine Living Resources as an inspector under Article XXIV of the Convention on the Conservation of Antarctic Marine Living Resources to verify compliance with measures in effect under the Convention. Director, Alaska Region, means Director, Alaska Region, NMFS, 709 West Ninth Street, Suite 401, P.O. Box 21668, Juneau, AK 99802, or a designee. Director, Northeast Region, means Director, Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930–2298, or a designee. Director, Northwest Region, means Director, Northwest Region, NMFS, 7600 Sand Point Way, N.E., BIN C15700, Bldg. 1, Seattle, WA 98115, or a designee. Director, Southeast Fisheries Science Center, means Director, Science and Research, Southeast Fisheries Science Center, NMFS, 75 Virginia Beach Drive, Miami, FL 33149, or a designee. Director, Southeast Region, means Director, Southeast Region, NMFS, 9721 Executive Center Drive, N., St. Petersburg, FL 33702, or a designee. Director, Southwest Region, means Director, Southwest Region, NMFS, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA 90802–4213, or a designee. Exclusive Economic Zone or EEZ means the zone established by Presidential Proclamation 5030, dated March 10, 1983, as defined in 16 U.S.C. 1802(6). Fishing or to fish means: (1) The catching or taking of fish; (2) The attempted catching or taking of fish; (3) Any other activity that can reasonably be expected to result in the catching or taking of fish; or (4) Any operations at sea in support of, or in preparation for, any activity described in paragraphs (1) through (3) of this definition. Fishing vessel means any vessel, boat, ship, or other craft that is used for, equipped to be used for, or of a type normally used for fishing. IATTC means the Inter-American Tropical Tuna Commission, established pursuant to the Convention for the Establishment of an Inter-American Tropical Tuna Commission. Import means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction, constitutes an importation within the meaning of the customs laws of the United States. IRCS means International Radio Call Sign. Magnuson Act means the Magnuson Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq. National of the United States or U.S. national means any person subject to the jurisdiction of the United States, including, but not limited to, a citizen or resident of the United States, or a person employed on a vessel of the United States. In the case of a corporation, partnership or other non- natural person, this includes, but is not limited to, any entity that is the owner of a vessel of the United States. NMFS means the National Marine Fisheries Service, NOAA, Department of Commerce. NMFS Headquarters means NMFS, 1315 East-West Highway, Silver Spring, MD 20910. Attention: Office of Fisheries Conservation and Management. Official number means the documentation number issued by the USCG or the certificate number issued by a state or the USCG for an undocumented vessel, or any equivalent number if the vessel is registered in a foreign nation. Operator means, with respect to any vessel, the master or other individual aboard and in charge of that vessel. Owner means, with respect to any vessel: (1) Any person who owns that vessel in whole or part (whether or not the vessel is leased or chartered); (2) Any charterer of the vessel, whether bareboat, time, or voyage; (3) Any person who acts in the capacity of a charterer, including but not limited to parties to a management agreement, operating agreement, or any similar agreement that bestows control over the destination, function, or operation of the vessel; or (4) Any agent designated as such by a person described in this definition. Person means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized, or existing under the laws of any state), and any Federal, state, local, or foreign government or any entity of any such government. Secretary means the Secretary of Commerce or a designee. USCG means the United States Coast Guard. Yellowfin tuna means any fish of the species Thunnus albacares (synonomy: Neothunnus macropterus). § 300.3 Relation to other laws. top Other laws that may apply to fishing activities addressed herein are set forth in §600.705 of chapter VI of this title. § 300.4 General prohibitions. top It is unlawful for any person subject to the jurisdiction of the United States to: (a) Violate the conditions or restrictions of a permit issued under this part. (b) Fail to submit information, fail to submit information in a timely manner, or submit false or inaccurate information, with respect to any information required to be submitted, reported, communicated, or recorded pursuant to this part. (c) Make any false statement, oral or written, to an authorized officer concerning the catching, taking, harvesting, possession, landing, purchase, sale, or transfer of fish, or concerning any other matter subject to investigation by that officer under this part. (d) Conceal any material fact (including by omission), concerning any matter subject to investigation by an authorized officer under this part. (e) Refuse to allow an authorized officer to inspect any report or record required to be made or kept under this part. (f) Falsify, cover, or otherwise obscure, the name, home port, official number (if any), or any other similar marking or identification of any fishing vessel subject to this part such that the vessel cannot be readily identified from an enforcement vessel or aircraft. (g) Fail to comply immediately with any of the enforcement and boarding procedures specified in this part. (h) Refuse to allow an authorized officer to board a fishing vessel, or enter any other area of custody (i.e., any vessel, building, vehicle, live car, pound, pier, or dock facility where fish might be found) subject to such person's control, for the purpose of conducting any inspection, search, seizure, investigation, or arrest in connection with the enforcement of this part or any other applicable law. (i) Destroy, stave, or dispose of in any manner, any fish, gear, cargo, or other matter, upon any communication or signal from an authorized officer of the United States, or upon the approach of such an officer, enforcement vessel, or aircraft, before the officer has had the opportunity to inspect same, or in contravention of directions from such an officer. (j) Intentionally destroy evidence that could be used to determine if a violation of this part has occurred. (k) Assault, resist, oppose, impede, intimidate, threaten, obstruct, delay, prevent, or interfere, in any manner, with an authorized officer in the conduct of any boarding, inspection, search, seizure, investigation, or arrest in connection with enforcement of this part. (l) Resist a lawful arrest or detention for any act prohibited by this part. (m) Interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of another person, knowing that such person has committed any act prohibited by this part. (n) Interfere with, obstruct, delay, or prevent, by any means, an investigation, search, seizure, or disposition of seized property in connection with enforcement of this part. (o) Ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any living marine resource taken or retained in violation of this part. (p) Violate any provision of any statute implemented by this part. (q) Attempt to do any of the foregoing. § 300.5 Facilitation of enforcement. top (a) Compliance. The operator of, or any other person aboard, any fishing vessel subject to this part must immediately comply with instructions and signals issued by an authorized officer or CCAMLR inspector to stop the vessel, and with instructions to facilitate safe boarding and inspection of the vessel, its gear, equipment, fishing record (where applicable), and catch for purposes of enforcing this part. (b) Communications. (1) Upon being approached by a USCG vessel or aircraft, or other vessel or aircraft with an authorized officer or CCAMLR inspector aboard, the operator of a fishing vessel must be alert for communications conveying enforcement instructions. (2) VHF-FM radiotelephone is the preferred method of communicating between vessels. If the size of the vessel and the wind, sea, and visibility conditions allow, a loudhailer may be used instead of the radio. Hand signals, placards, high frequency radiotelephone, voice, flags, whistle or horn may be employed by an authorized officer or CCAMLR inspector, and message blocks may be dropped from an aircraft. (3) If other communications are not practicable, visual signals may be transmitted by flashing light directed at the vessel signaled. USCG units will normally use the flashing light signal “L” which, in the International Code of Signals, means “you should stop your vessel instantly.” (4) Failure of a vessel's operator promptly to stop the vessel when directed to do so by an authorized officer or CCAMLR inspector, or by an enforcement vessel or aircraft, using loudhailer, radiotelephone, flashing light, flags, whistle, horn or other means constitutes prima facie evidence of the offense of refusal to allow an authorized officer or CCAMLR inspector to board. (5) A person aboard a vessel who does not understand a signal from an enforcement unit and who is unable to obtain clarification by loudhailer or radiotelephone must consider the signal to be a command to stop the vessel immediately. (c) Boarding. The operator of a vessel directed to stop must: (1) Monitor Channel 16, VHF-FM, if so equipped. (2) Stop immediately and lay to or, if appropriate and/or directed to do so by the authorized officer or CCAMLR inspector, maneuver in such a way as to allow the safe boarding of the vessel by the authorized officer or CCAMLR inspector and the boarding party. (3) Except for those vessels with a freeboard of 4 ft (1.25 m) or less, provide a safe ladder, if needed, for the authorized officer or CCAMLR inspector and boarding party to come aboard. (4) When necessary to facilitate the boarding or when requested by an authorized officer or CCAMLR inspector, provide a manrope or safety line, and illumination for the ladder. (5) Take such other actions as necessary to facilitate boarding and to ensure the safety of the authorized officer or CCAMLR inspector and the boarding party. (d) Signals. The following signals, extracted from the International Code of Signals, may be sent by flashing light by an enforcement unit when conditions do not allow communications by loudhailer or radiotelephone. Knowledge of these signals by vessel operators is not required. However, knowledge of these signals and appropriate action by a vessel operator may preclude the necessity of sending the signal “L” and the necessity for the vessel to stop instantly. (1) “AA” repeated (.- .-) is the call to an unknown station. The operator of the signaled vessel should respond by identifying the vessel by radiotelephone or by illuminating the vessel's identification. (2) “RY-CY” (.-. -.-- -.-. -.--) means “you should proceed at slow speed, a boat is coming to you.” This signal is normally employed when conditions allow an enforcement boarding without the necessity of the vessel being boarded coming to a complete stop, or, in some cases, without retrieval of fishing gear that may be in the water. (3) “SQ3” (... --.- ...--) means “you should stop or heave to; I am going to board you.” Subpart B—High Seas Fisheries top Authority: 16 U.S.C. 5501 et seq. § 300.10 Purpose. top This subpart implements the High Seas Fishing Compliance Act of 1995 (Act), which requires the Secretary to license U.S. vessels fishing on the high seas. § 300.11 Definitions. top In addition to the terms defined in section 300.2 and those in the Act and the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted by the Conference of the Food and Agriculture Organization of the United Nations on November 24, 1993 (Agreement), the terms used in this subpart have the following meanings. If a term is defined differently in §300.2, the Act, or the Agreement, the definition in this section shall apply. High seas means the waters beyond the territorial sea or exclusive economic zone (or the equivalent) of any Nation, to the extent that such territorial sea or exclusive economic zone (or the equivalent) is recognized by the United States. High seas fishing vessel means any vessel of the United States used or intended for use on the high seas for the purpose of the commercial exploitation of living marine resources as a harvesting vessel, mothership, or any other support vessel directly engaged in a fishing operation. International conservation and management measures means measures to conserve or manage one or more species of living marine resources that are adopted and applied in accordance with the relevant rules of international law, as reflected in the 1982 United Nations Convention on the Law of the Sea, and that are recognized by the United States. Regional Administrator means any one of the Directors of the five NMFS regional offices, defined under §300.2, serving as the issuing office. § 300.12 Issuing offices. top Any Regional Administrator may issue permits required under this subpart. While applicants for permits may submit an application to any Regional Administrator, applicants are encouraged to submit their applications (with envelopes marked “Attn: HSFCA Permits”) to the Regional Administrator with whom they normally interact on fisheries matters. § 300.13 Vessel permits. top (a) Eligibility. (1) Any high seas fishing vessel of the United States is eligible to receive a permit under this subpart, unless the vessel was previously authorized to be used for fishing on the high seas by a foreign nation, and— (i) The foreign nation suspended such authorization, because the vessel undermined the effectiveness of international conservation and management measures, and the suspension has not expired; or (ii) The foreign nation, within the 3 years preceding application for a permit under this section, withdrew such authorization, because the vessel undermined the effectiveness of international conservation and management measures. (2) The restrictions in paragraphs (a)(1) (i) and (ii) of this section do not apply if ownership of the vessel has changed since the vessel undermined the effectiveness of international conservation and management measures, and the new owner has provided sufficient evidence to the Regional Administrator demonstrating that the owner and operator at the time the vessel undermined the effectiveness of such measures has no further legal, beneficial, or financial interest in, or control of, the vessel. (3) The restrictions in paragraphs (a)(1) (i) and (ii) of this section do not apply if it is determined by the Regional Administrator that issuing a permit would not subvert the purposes of the Agreement. (b) Application forms. The owner or operator of a high seas fishing vessel may apply for a permit under this subpart by completing an application form. Applicants may obtain an application form from a Regional Administrator. (c) Application information. An applicant must submit a complete and accurate permit application, signed by the owner or operator, to the appropriate Regional Administrator. (d) Fees. NMFS will charge a fee to recover the administrative expenses of permit issuance. The amount of the fee will be determined in accordance with the procedures of the NOAA Finance Handbook, available from a Regional Administrator, for determining administrative costs of each special product or service. The fee is specified with the application form. The appropriate fee must accompany each application. Failure to pay the fee will preclude issuance of the permit. Payment by a commercial instrument later determined to be insufficiently funded will invalidate any permit. (e) Issuance. (1) Except as provided in subpart D of 15 CFR part 904, the Regional Administrator will issue a permit, which will include appropriate conditions or restrictions, within 30 days of receipt of a completed application and payment of the appropriate fee. (2) The Regional Administrator will notify the applicant of any deficiency in the application. (f) Validity. Permits issued under this subpart are valid for 5 years from the date of issuance. Renewal of a permit prior to its expiration is the responsibility of the permit holder. For a permit to remain valid to its expiration date, the vessel's USCG documentation or state registration must be kept current. A permit issued under this subpart is void when the name of the owner or vessel changes, or in the event the vessel is no longer eligible for U.S. documentation, such documentation is revoked or denied, or the vessel is removed from such documentation. (g) Change in application information. Any changes in vessel documentation status or other permit application information must be reported to the Regional Administrator in writing within 15 days of such changes. (h) Transfer. A permit issued under this subpart is not transferable or assignable to another vessel or owner; it is valid only for the vessel and owner to which it is issued. (i) Display. A valid permit, or a copy thereof, issued under this subpart must be on board the vessel while operating on the high seas and available for inspection by an authorized officer. Faxed copies of permits are acceptable. [61 FR 35550, July 5, 1996, as amended at 64 FR 15, Jan. 4, 1999] § 300.14 Vessel identification. top (a) General. A vessel permitted under this subpart must be marked for identification purposes in accordance with this section. (b) Marking. Vessels must be marked either: (1) In accordance with vessel identification requirements specified in Federal fishery regulations issued under the Magnuson-Stevens Act or under other Federal fishery management statutes; or (2) In accordance with the following identification requirements: (i) A vessel must be marked with its IRCS, or, if not assigned an IRCS, must be marked (in order of priority) with its Federal, state, or other documentation number appearing on its high seas fishing permit; (ii) The markings must be displayed at all times on the vessel's side or superstructure, port and starboard, as well as on a deck; (iii) The markings must be placed so that they do not extend below the waterline, are not obscured by fishing gear, whether stowed or in use, and are clear of flow from scuppers or overboard discharges that might damage or discolor the markings; (iv) Block lettering and numbering must be used; (v) The height of the letters and numbers must be in proportion to the size of the vessel as follows: for vessels 25 meters (m) and over in length, the height of letters and numbers must be no less than 1.0 m; for vessels 20 m but less than 25 m in length, the height of letters and numbers must be no less than 0.8 m; for vessels 15 m but less than 20 m in length, the height of letters and numbers must be no less than 0.6 m; for vessels 12 m but less than 15 m in length, the height of letters and numbers must be no less than 0.4 m; for vessels 5 m but less than 12 m in length, the height of letters and numbers must be no less than 0.3 m; and for vessels under 5 m in length, the height of letters and numbers must be no less than 0.1 m; (vi) The height of the letters and numbers to be placed on decks must be no less than 0.3 m; (vii) The length of the hyphen(s), if any, must be half the height (h) of the letters and numbers; (viii) The width of the stroke for all letters, numbers, and hyphens must be h/6; (ix) The space between letters and/or numbers must not exceed h/4 nor be less than h/6; (x) The space between adjacent letters having sloping sides must not exceed h/8 nor be less than h/10; (xi) The marks must be white on a black background, or black on a white background; (xii) The background must extend to provide a border around the mark of no less than h/6; and (xiii) The marks and the background must be maintained in good condition at all times. [64 FR 15, Jan. 4, 1999] § 300.15 Prohibitions. top In addition to the prohibitions in section 300.4, it is unlawful for any person to: (a) Use a high seas fishing vessel on the high seas in contravention of international conservation and management measures. (b) Use a high seas fishing vessel on the high seas, unless the vessel has on board a valid permit issued under section 300.13. (c) Use a high seas fishing vessel on the high seas that is not marked in accordance with §300.14. [61 FR 35550, July 5, 1996, as amended at 64 FR 15, Jan. 4, 1999] § 300.16 Penalties. top (a) Any person, any high seas fishing vessel, the owner or operator of such vessel, or any person who has been issued or has applied for a permit, found to be in violation of the Act, this subpart, or any permit issued under this subpart will be subject to the civil and criminal penalty provisions, permit sanctions, and forfeiture provisions prescribed by the Act, 15 CFR part 904 (Civil Procedures), and other applicable laws. (b) Permits under this subpart may be subject to permit sanctions prescribed by the Act, 15 CFR part 904 (Civil Procedures), and other applicable laws if any amount in settlement of a civil forfeiture imposed on a high seas fishing vessel or other property, or any civil penalty or criminal fine imposed on a high seas fishing vessel or on an owner or operator of such a vessel or on any other person who has been issued or has applied for a permit under any fishery resource statute enforced by the Secretary, has not been paid and is overdue. [64 FR 15, Jan. 4, 1999] § 300.17 Reporting. top (a) General. The operator of any vessel permitted under this subpart must report high seas catch and effort information to NMFS in a manner set by this section. Reports must include: identification information for vessel and operator; operator signature; crew size; whether an observer is aboard; target species; gear used; dates, times, locations, and conditions under which fishing was conducted; species and amounts of fish retained and discarded; and details of any interactions with sea turtles or birds. (b) Reporting options. (1) For the following fisheries, a permit holder must maintain and submit the listed reporting forms to the appropriate address and in accordance with the time limits required by the relevant regulations: (i) Antarctic—CCAMLR Logbook (50 CFR 300.107); (ii) Atlantic—Fishing Vessel Log Reports (50 CFR 648.7(b)); (iii) Atlantic Pelagic Longline—Longline Logbook (50 CFR 630.5); (iv) Atlantic Purse Seine—Vessel Logbook (50 CFR 635.5); (v) Pacific Pelagic Longline—Longline Logbook (50 CFR 660.14(a)); (vi) Eastern Pacific Purse Seine—IATTC Logbook (50 CFR 300.22); or (vii) Western Pacific Purse Seine—South Pacific Tuna Treaty Logbook (50 CFR 300.34). (2) For the albacore troll fisheries in the North and South Pacific, a permit holder must report high seas catch and effort by maintaining and submitting the log provided by the Regional Administrator, Southwest Region, NMFS. (3) For other fisheries, a permit holder must report high seas catch and effort by maintaining and submitting records, specific to the fishing gear being used, on forms provided by the Regional Administrator of the NMFS Region which issued the permit holder's HSFCA permit. (c) Confidentiality of statistics. Information submitted pursuant to this subpart will be treated in accordance with the provisions of 50 CFR part 600 of this title. [64 FR 15, Jan. 4, 1999, as amended at 67 FR 64312, Oct. 18, 2002] Subpart C—Pacific Tuna Fisheries top Authority: 16 U.S.C. 951–961 et seq. § 300.20 Purpose and scope. top The regulations in this subpart are issued under the authority of the Tuna Conventions Act of 1950 (Act). The regulations implement recommendations of the Inter-American Tropical Tuna Commission (IATTC) for the conservation and management of highly migratory fish resources in the Eastern Tropical Pacific Ocean so far as they affect vessels and persons subject to the jurisdiction of the United States. [69 FR 67277, Nov. 17, 2004] § 300.21 Definitions. top In addition to the terms defined in §300.2, in the Act, and in the Convention for the Establishment of an Inter-American Tropical Tuna Commission (Convention), the terms used in this subpart have the following meanings. If a term is defined differently in §300.2, in the Act, or in the Convention, the definition in this section shall apply. Bigeye tuna means the species Thunnus obesus. Commission's Yellowfin Regulatory Area (CYRA) means the waters bounded by a line extending westward from the mainland of North America along the 40° N. latitude parallel, and connecting the following coordinates: 40° N. lat., 125° W. long.; 20° N. lat., 125° W. long.; 20° N. lat., 120° W. long.; 5° N. lat., 120° W. long.; 5° N. lat., 110° W. long.; 10° S. lat., 110° W. long.; 10° S. lat., 90° W. long.; 30° S. lat., 90° W. long.; and then eastward along the 30° S. latitude parallel to the coast of South America. Convention Area means the waters within the area bounded by the mainland of the Americas, lines extending westward from the mainland of the Americas along the 40° N. lat. and 40° S. lat., and 150° W. long. Fish aggregating device (FAD) means a manmade raft or other floating object used to attract tuna and make them available to fishing vessels. Fishing trip means a period of time between landings when fishing is conducted. Fishing vessel means any vessel, boat, ship, or other craft that is used for, equipped to be used for, or of a type that is normally used for fishing or for assisting or supporting a vessel engaged in fishing, except purse seine skiffs. Floating object means any natural object or FAD around which fishing vessels may catch tuna. Incidental catch or incidental species means species caught while fishing with the primary purpose of catching a different species. An incidental catch is expressed as a percentage of the weight of the total fish on board. Land or Landing means to begin transfer of fish from a fishing vessel. Once transfer begins, all fish on board the vessel are counted as part of the landing. Observer means an individual placed aboard a fishing vessel under the IATTC observer program or any other international observer program in which the United States may participate. South Pacific Tuna Treaty means the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America (50 CFR part 300, subpart D). Tender vessel means a vessel that does not engage in purse seine fishing but tends to FADs in support of tuna fishing operations. Transship means to unload fish from a vessel that caught fish to another vessel. Transshipment receiving vessel means any vessel, boat, ship, or other craft that is used to receive fish from a fishing vessel. Vessel Register means the regional register of vessels authorized to purse seine for tuna in the Convention Area, as established by the Inter-American Tropical Tuna Commission on June 28, 2002. [61 FR 35550, July 5, 1996, as amended at 64 FR 29133, May 28, 1999; 64 FR 44430, Aug. 16, 1999; 69 FR 67277, Nov. 17, 2004; 70 FR 19010, Apr. 12, 2005] § 300.22 Yellowfin tuna—recordkeeping and written reports. top (a) The master or other person in charge of a fishing vessel, or a person authorized in writing to serve as the agent for either person, must keep an accurate log of all operations conducted from the fishing vessel, entering for each day the date, noon position (stated in latitude and longitude or in relation to known physical features), and the tonnage of fish on board, by species. The record and bridge log maintained at the request of the IATTC shall be sufficient to comply with this paragraph, provided the items of information specified are accurately entered in the log. (b) Vessel register. Except as provided under paragraph (b)(1) of this section, vessels must be listed on the Vessel Register and categorized as active under paragraph (b)(4)(i) of this section in order to purse seine for tuna in the Convention Area. (1) Exceptions. The following classes of vessels are exempted from being listed on the Vessel Register to purse seine for tuna in the Convention Area: (i) Vessels licensed under the South Pacific Tuna Treaty that exercise an option to fish in the Convention Area for a single trip each year, provided that the total number of optional trips does not exceed 32 in a given calendar year. Each optional trip in the Convention Area may not exceed 90 days in duration. (ii) Vessels of 400 st (362.8 mt) or less carrying capacity for which landings of tuna caught in the Convention Area comprise 50 percent or less of the vessel's total landings, by weight, for a given calendar year. (2) Requirements for inclusion on the vessel register. The Vessel Register shall include, consistent with resolutions of the IATTC, only vessels that fished in the Convention Area prior to the creation of the Vessel Register on June 28, 2002. New vessels may be added to the Vessel Register at any time to replace those previously removed by the Regional Administrator, provided that the total capacity of the replacement vessel or vessels does not exceed that of the vessel or vessels being replaced. (3) Vessel information. The owner of any fishing vessel that uses purse seine, longline, drift gillnet, harpoon, or troll fishing gear to harvest tuna in the Convention Area for sale or a person authorized in writing to serve as agent for the owner must provide such information about the vessel and its characteristics as requested by the Regional Administrator, to conform to IATTC actions relative to the Vessel Register. This information initially includes, but is not limited to, vessel name and registration number; a photograph of the vessel with the registration number showing and legible; vessel length, beam and moulded depth; gross tonnage and hold capacity in cubic meters and tonnage; engine horsepower; date and place where built; and type of fishing method or methods used. (4) Vessel register status. For a vessel to be categorized as either “active” or “inactive” on the Vessel Register in the following calendar year, the vessel owner or managing owner must submit to the Regional Administrator under §216.24(b) of this title, the observer placement fee, vessel permit application, and permit application processing fee for the vessel. (i) Active status. As early as August 1 of each year, vessel owners or managing owners may submit to the Regional Administrator, a vessel permit application and payment of the permit application fee and observer placement fee for each vessel in excess of 400 st (362.8 mt) carrying capacity qualified to be listed on the Vessel Register under paragraph (b)(2) of this section to have a vessel categorized as active for the following calendar year. Vessel permit applications may not be submitted via regular mail; they must be faxed to (562) 980–4027. Owners or managing owners of vessels of 400 st (362.8 mt) carrying capacity or less must only submit payment of the observer placement fee associated with active status in order to request a small purse seine vessel be categorized as active for the following calendar year. The Regional Administrator must receive the faxed vessel permit application and payment of the observer placement fee and permit application processing fee no later than September 15 for vessels for which a DML was requested for the following year and no later than November 30 for vessels for which a DML was not requested for the following year. Submission of the vessel permit application and payment of the observer placement fee and permit application processing fee will be interpreted by the Regional Administrator as a request for a vessel to be categorized as active. The following restrictions apply to active status: (A) The cumulative carrying capacity of all vessels categorized as active on the Vessel Register may not exceed 8,969 mt in a given year; (B) A vessel may not be added to active status on the Vessel Register unless the captain of the vessel has obtained a valid operator permit under §216.24(b)(2) of this title; (C) For 2005 only, requests for vessels will be prioritized on a first-come, first-served basis according to the date and time the fax is received in the office of the Regional Administrator; (D) Requests for active status for 2006 and subsequent years will be prioritized according to the following hierarchy: (1) Requests received for vessels that were categorized as active in the previous year, beginning with the vessel's status in 2005, unless the request for active status was determined to be frivolous by the Regional Administrator under paragraph (b)(4)(ii) of this section; (2) Requests received for vessels that were categorized as inactive under paragraph (b)(4)(iii) of this section in the previous year, beginning with the vessel's status in 2005; (3) Requests for vessels not described in paragraphs (b)(4)(D)(1) or (2) of this section will be prioritized on a first-come, first-served basis according to the date and time stamp printed by the incoming fax machine upon receipt, provided that the associated observer placement fee is paid by the applicable deadline described in §216.24(b)(6)(iii) of this title; and (4) Requests received from owners or managing owners of vessels that were determined, by the Regional Administrator, to have made a frivolous request for active status under paragraph (b)(4)(ii) of this section. (ii) Frivolous requests for active status. Beginning with requests made for 2005, a request for active status under paragraph (b)(4)(i) of this section will be considered frivolous, unless as a result of force majeure or other extraordinary circumstances as determined by the Regional Administrator if, for a vessel categorized as active in a given calendar year, less than 20 percent of the vessel's total landings, by weight, in that same year is comprised of tuna harvested by purse seine in the Convention Area. (iii) Inactive status. From August 1 through November 30 of each year, vessel owners or managing owners may request that vessels qualified to be listed on the Vessel Register under paragraph (b)(2) of this section be categorized as inactive for the following calendar year by submitting to the Regional Administrator payment of the associated observer placement fees. At any time during the year, a vessel owner or managing owner may request that a vessel qualified to be listed on the Vessel Register under paragraph (b)(2) of this section be categorized as inactive for the remainder of the calendar year by submitting to the Regional Administrator payment of the associated observer placement fee plus a 10 percent surcharge of the fee. Payment of the observer placement fee consistent with inactive status will be interpreted by the Regional Administrator as a request for the vessel to be categorized as inactive. (5) Removal from the vessel register. A vessel may be removed from the Vessel Register by the Regional Administrator: (i) If the vessel has sunk; (ii) Upon written request by the vessel's owner or managing owner; (iii) Following a final agency action on a permit sanction for a violation; (iv) For failure to pay a penalty or for default on a penalty payment agreement resulting from a final agency action for a violation; or (v) If the U.S. Maritime Administration or the U.S. Coast Guard notifies NMFS that: (A) The owner has submitted an application for transfer of the vessel to foreign registry and flag; or (B) The documentation for the vessel will be or has been deleted for any reason. (6) Process for Removal from the Vessel Register. When a vessel is removed from the Vessel Register under paragraph (b)(5) of this section, the Regional Administrator shall promptly notify the vessel owner in writing of the removal and the reasons therefor. For a removal from the Vessel Register under §300.22(b)(5)(iii), the Regional Administrator will not accept a request to reinstate the vessel to the Vessel Register for the term of the permit sanction. For a removal from the Vessel Register under §300.22(b)(5)(iv), the Regional Administrator will not accept a request to reinstate the vessel to the Vessel Register until such time as payment is made on the penalty or penalty agreement, or such other duration as NOAA and the vessel owner may agree upon. (7) Procedures for replacing vessels removed from the Vessel Register. (i) A vessel previously listed on the Vessel Register, but not included for a given year or years, may be added back to the Vessel Register and categorized as inactive at any time during the year, provided the owner of the vessel pays the observer placement fee associated with inactive status plus a 10 percent surcharge of the fee. (ii) A vessel may be added to the Vessel Register and categorized as active in order to replace a vessel removed from active status under paragraph (b)(5) of this section, provided the total carrying capacity of active vessels does not exceed 8,969 mt and the owner submits a complete request under paragraph (b)(7)(iv) or (v) of this section. (iii) After a vessel categorized as active is removed from the Vessel Register, the Regional Administrator will notify owners or managing owners of vessels categorized as inactive that replacement capacity is available on the active list of the Vessel Register. In the event that owners of inactive vessels do not request to replace a removed vessel, the Regional Administrator will notify owners of vessels eligible for, but not included on, the Vessel Register that replacement capacity is available on the active list of the Vessel Register. (iv) The owner or managing owner of a purse seine vessel of 400 st (362.8 mt) carrying capacity or less may request a vessel be categorized as active to replace a vessel removed from the Vessel Register by submitting payment of the observer placement fee to the Regional Administrator. (v) The owner or managing owner of a purse seine vessel in excess of 400 st (362.8 mt) carrying capacity may request a vessel be categorized as active to replace a vessel removed from the Vessel Register by submitting to the Regional Administrator under §216.24(b) of this title, the observer placement fee, vessel permit application, and permit application processing fee for the replacement vessel. The replacement vessel will be eligible to be categorized as active on the Vessel Register if it has a carrying capacity equal to or less than the vessel being replaced, and the captain of the replacement vessel possesses an operator permit under §216.24(b) of this title. (vi) The Regional Administrator will forward requests to replace vessels removed from the Vessel Register within 15 days of receiving each request. [61 FR 35550, July 5, 1996, as amended at 66 FR 49320, Sept. 27, 2001; 70 FR 19010, Apr. 12, 2005] § 300.23 Yellowfin tuna—Persons and vessels exempted. top This subpart does not apply to: (a) Any person or vessel authorized by the IATTC, the Assistant Administrator, or any state of the United States to engage in fishing for research purposes. (b) Any person or vessel engaged in sport fishing for personal use. § 300.24 Prohibitions. top In addition to the prohibitions in §300.4, it is unlawful for any person or vessel subject to the jurisdiction of the United States to: (a) Land any species of tuna during the closed season for that species in excess of the amount allowed by the Regional Administrator. (b) Fish on floating objects in the Convention Area using any gear type specified by the Regional Administrator's notification of closure issued under §300.25; (c) Use tender vessels in the Convention Area. (d) Transship purse seine-caught tuna at sea within the Convention Area. (e) Fail to retain any bigeye, skipjack, or yellowfin tuna brought on board a purse seine vessel in the Convention Area, except fish unfit for human consumption due to spoilage, and except on the last set of the trip if the well capacity is filled; (f) When using purse seine gear to fish for tuna in the Convention Area, fail to release any non-tuna species as soon as practicable after being identified on board the vessel during the brailing operation; (g) Land any non-tuna fish species taken in a purse seine set in the Convention Area; (h) Fail to use the sea turtle handling, release, and resuscitation procedures in §300.25(e); or (i) Fail to report information when requested by the Regional Administrator under §300.22. [61 FR 35550, July 5, 1996, as amended at 64 FR 29133, May 28, 1999; 64 FR 44430, Aug. 16, 1999; 66 FR 49320, Sept. 27, 2001. Redesignated and amended at 69 FR 67277, Nov. 17, 2004] § 300.25 Eastern Pacific fisheries management. top (a) Notification of IATTC recommendations. The Regional Administrator will directly notify owners or agents of U.S. tuna vessels of any fishery management recommendations made by the IATTC and approved by the Department of State that will affect fishing or other activities by U.S. parties with fishery interests in the Convention Area. As soon as practicable after such notification, the Regional Administrator will announce approved IATTC recommendations in the Federal Register. (b) Tuna quotas. (1) Fishing seasons for all tuna species begin on January 1 and end either on December 31 or when NMFS closes the fishery for a specific species. (2) The Regional Administrator may close the U.S. fishery for yellowfin, bigeye, or skipjack tuna or any other tuna species in the Convention Area or portion of the Convention Area when advised by the Director of Investigations of the IATTC that the associated quota has been or is projected to be reached. Any such closure may include: (i) An allowance for an incidental catch that may be landed while fishing for other tuna species; (ii) A prohibition on the further setting of specified gear types on floating objects by U.S. vessels in the Convention Area; (iii) Provisions for vessels that are at sea during an announced closure to fish unrestricted until the fishing trip is completed; (iv) Provisions for vessels at sea with an observer on board during any closure to land fish unrestricted if the landing occurs after December 31; or (v) Other measures to ensure that the conservation and management measures of the IATTC are achieved. (3) The Regional Administrator will announce any such closures directly to the owners or agents of U.S. vessels who are fishing in or are eligible to fish in the Convention Area. (4) As soon as practicable after being advised of the quota attainment or projection under paragraph (b)(2) of this section, the Regional Administrator will publish an announcement of the closure in the Federal Register. (c) Use of tender vessels. No person subject to these regulations may use a tender vessel in the Convention Area. (d) Transshipments at sea. No person subject to these regulations may transship purse seine-caught tuna from one vessel to another vessel at sea within the Convention Area. (e) Bycatch reduction measures. (1) Through December 31, 2001, all purse seine vessels must retain on board and land all bigeye, skipjack, and yellowfin tuna brought on board the vessel after a set, except fish deemed unfit for human consumption for other than reason of size. This requirement shall not apply to the last set of a trip if the available well capacity is insufficient to accommodate the entire fish catch brought on board. (2) All purse seine vessels must release all sharks, billfishes, rays, mahimahi (dorado), and other non-tuna fish species, except those being retained for consumption aboard the vessel, as soon as practicable after being identified on board the vessel during the brailing operation. (3) All purse seine vessels must apply special sea turtle handling and release procedures, as follows: (i) Whenever a sea turtle is sighted in the net, a speedboat shall be stationed close to the point where the net is lifted out of the water to assist in release of the turtle; (ii) If a turtle is entangled in the net, net roll shall stop as soon as the turtle comes out of the water and shall not resume until the turtle has been disentangled and released; (iii) If, in spite of the measures taken under paragraphs (e)(3)(i) and (ii) of this section, a turtle is accidentally brought onboard the vessel alive and active, the vessel's engine shall be disengaged and the turtle shall be released as quickly as practicable; (iv) If a turtle brought on board under paragraph (e)(3)(iii) of this section is alive but comatose or inactive, the resuscitation procedures described in §223.206(d)(1)(i)(B) of this title shall be used before release of the turtle. [64 FR 44431, Aug. 16, 1999, as amended at 66 FR 49320, Sept. 27, 2001. Redesignated at 69 FR 67277, Nov. 17, 2004] Subpart D—South Pacific Tuna Fisheries top Authority: 16 U.S.C. 973–973r. § 300.30 Purpose and scope. top This subpart implements the South Pacific Tuna Act of 1988 (Act) and the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America (Treaty) and applies to persons and vessels subject to the jurisdiction of the United States. § 300.31 Definitions. top In addition to the terms defined in §300.2, in the Act, and in the Treaty, and unless the context requires otherwise, the terms used in this subpart have the following meanings. If a term is defined differently in §300.2, the Act, or the Treaty, the definition in this section shall apply. Administrator means the individual or organization designated by the Pacific Island Parties to act on their behalf under the Treaty and notified to the United States. Applicable national law means any provision of law of a Pacific Island Party that is described in paragraph 1(a) of Annex I of the Treaty. Authorized inspector means any individual authorized by a Pacific Island Party or the Secretary to conduct inspections, to remove samples of fish, and to gather any other information relating to fisheries in the Licensing Area. Authorized officer means any officer who is authorized by the Secretary, or the Secretary of Transportation, or the head of any Federal or state agency that has entered into an enforcement agreement with the Secretary under section 10(a) of the Act. Authorized party officer means any officer authorized by a Pacific Island Party to enforce the provisions of the Treaty. Closed area means any of the closed areas identified in Schedule 2 of Annex I of the Treaty. Fishing means searching for, catching, taking, or harvesting fish; attempting to search for, catch, take, or harvest fish; engaging in any other activity that can reasonably be expected to result in the locating, catching, taking, or harvesting of fish; placing, searching for, or recovering fish aggregating devices or associated electronic equipment such as radio beacons; any operations at sea directly in support of, or in preparation for, any activity described in this paragraph; or aircraft use, relating to the activities described in this definition, except for flights in emergencies involving the health or safety of crew members or the safety of a vessel. Fishing arrangement means an arrangement between a Pacific Island Party and the owner of a U.S. fishing vessel that complies with section 6(b) of the Act. Fishing vessel or vessel means any boat, ship, or other craft that is used for, equipped to be used for, or of a type normally used for commercial fishing, and that is documented under the laws of the United States. Licensing Area means all waters in the Treaty Area except for: (1) Those waters subject to the jurisdiction of the United States in accordance with international law. (2) Those waters within closed areas. (3) Those waters within limited areas closed to fishing. Licensing period means the period of validity of licenses issued in accordance with the Treaty. Limited area(s) means those areas so identified in Schedule 3 of Annex I of the Treaty. Operator means any person who is in charge of, directs or controls a vessel, including the owner, charterer and master. Pacific Island Party means a Pacific island nation that is a party to the Treaty. Regional Administrator means the Director, Southwest Region, or a designee. Transship means to unload any or all of the fish on board a licensed vessel either ashore or onto another vessel. Treaty Area means the area described in paragraph 1(k) of Article I of the Treaty. § 300.32 Vessel licenses. top (a) Each vessel fishing in the Licensing Area must have a license issued by the Administrator for the licensing period being fished, unless excepted by §300.39. Each licensing period begins on June 15 and ends on June 14 of the following year. (b) Upon receipt, the license or a duly certified copy, facsimile or telex confirmation must be carried on board the vessel when in the Licensing Area or Closed Areas and must be produced at the request of authorized officers, authorized party officers, or authorized inspectors. Prior to receipt of the license, but after issuance, a vessel may be used to fish, provided the number of the issued license is available on board. (c) Application forms for licenses to use a vessel to fish in the Licensing Area may be requested from, and upon completion, must be returned to, the Regional Administrator. All of the information requested on the form and the following must be supplied before the application will be considered complete: (1) The licensing period for which the license is requested. (2) The name of an agent, located in Port Moresby, Papua New Guinea, who, on behalf of the license holder, will receive and respond to any legal process issued in accordance with the Treaty. (3) Documentation from an insurance company showing that the vessel will be fully insured for the licensing period against all risks and liabilities normally covered by maritime liability insurance. (4) If the owner or charterer is the subject of proceedings under the bankruptcy laws of the United States, reasonable assurances that the owner of charterer will be financially able to fulfill any and all responsibilities under the Treaty, Act, and regulations, including the payment of any penalties or fines. (5) A copy of the vessel's USCG Certificate of Documentation. (d) The number of available licenses are set forth in Schedule 2 of Annex II of the Treaty. (e) Applications for vessels may be submitted at any time; complete applications will be forwarded to the Secretary of State for transmittal to the Administrator. (f) The Secretary, in consultation with the Secretary of State, may determine that a license application for a vessel should not be forwarded to the Administrator if: (1) The application is not in accord with the Treaty, Act, or regulations; (2) The owner or charterer is the subject of proceedings under the bankruptcy laws of the United States, and reasonable financial assurances have not been provided to the Secretary that the owner or charterer will be financially able to fulfill any and all responsibilities under the Treaty, Act, and regulations, including the payment of any penalties or fines; (3) The owner or charterer has not established to the satisfaction of the Secretary that the vessel will be fully insured for the licensing period against all risks and liabilities normally covered by maritime liability insurance; or (4) The owner or charterer has not paid any final penalty assessed by the Secretary in accordance with the Act. (g) An applicant will be promptly notified if that applicant's license application will not be forwarded to the Administrator, and of the reasons therefor. Within 15 days of notification by the Regional Administrator that the application will not be forwarded, an applicant may request reconsideration by providing a petition for reconsideration accompanied by new or additional information. § 300.33 Compliance with applicable national laws. top The operator of the vessel shall comply with each of the applicable national laws, and the operator of the vessel shall be responsible for the compliance by the vessel and its crew with each of the applicable national laws, and the vessel shall be operated in accordance with those laws. § 300.34 Reporting requirements. top (a) License holders shall comply with the reporting requirements of parts 4 and 5 of Annex I to the Treaty. (b) Information provided by license holders under Schedule 5 of Annex I of the Treaty shall be provided on the designated Forum Fisheries Agency form(s) to the Regional Administrator within 2 days of reaching port. (c) Information provided by license holders under Schedule 6 of Annex I of the Treaty shall be provided on the designated Forum Fisheries Agency form(s) to the Regional Administrator within 2 days of completing unloading. (d) Any information required to be recorded, or to be notified, communicated or reported pursuant to a requirement of these regulations, the Act, or the Treaty shall be true, complete and correct. Any change in circumstances that has the effect of rendering any of the information provided false, incomplete or misleading shall be communicated immediately to the Regional Administrator. § 300.35 Vessel and gear identification. top While a vessel is in the Licensing Area, a Limited Area closed to fishing, or a Closed Area, a recent and up-to-date copy of the International Code of Signals (INTERCO) shall be on board and accessible at all times. The operator shall comply with the 1989 Food and Agricultural Organization standard specifications for the marking and identification of fishing vessels. The international radio call sign of the vessel shall be painted in white on a black background, or in black on a white background, and be clear, distinct, and uncovered, in the following manner: (a) On both sides of the vessel's hull or superstructure, with each letter and number being at least 1 m high and having a stroke width of 16.7 cm, with the background extending to provide a border around the mark of not less than 16.7 cm. (b) On the vessel's deck, on the body of any helicopter and on the hull of any skiff, with each letter and number being at least 30 cm high, and having a stroke width of 5 cm with the background extending to provide a border around the mark of not less than 5 cm. (c) On any other equipment being carried by and intended to be separated from the vessel during normal fishing operations, with each letter and number being at least 10 cm high and having a stroke width of 1.7 cm, with the background extending to provide a border around the mark of not less than 1.7 cm. § 300.36 Closed area stowage requirements. top At all times while a vessel is in a Closed Area, the fishing gear of the vessel shall be stowed in a manner as not to be readily available for fishing. In particular, the boom shall be lowered as far as possible so that the vessel cannot be used for fishing, but so that the skiff is accessible for use in emergency situations; the helicopter, if any shall be tied down; and launches shall be secured. § 300.37 Radio monitoring. top The international distress frequency, 2.182 mHz, and 156.8 mHz (Channel 16, VHF) shall be monitored continuously from the vessel for the purpose of facilitating communication with the fisheries management, surveillance and enforcement authorities of the Parties. § 300.38 Prohibitions. top (a) Except as provided for in §300.39, in addition to the prohibitions in §300.4, it is unlawful for any person subject to the jurisdiction of the United States to do any of the following: (1) To violate the Act or any provision of any regulation or order issued pursuant to Act. (2) To use a vessel for fishing in violation of an applicable national law. (3) To violate the terms and conditions of any fishing arrangement to which that person is a party. (4) To use a vessel for fishing in a Limited Area in violation of the requirements set forth in Schedule 3 of Annex I of the Treaty on “Limited Areas”. (5) To use a vessel for fishing in any Closed Area. (6) To refuse to permit any authorized officer or authorized party officer to board a fishing vessel for purpose of conducting a search or inspection in connection with the enforcement of the Act or the Treaty. (7) To refuse to comply with the instructions of an authorized officer or authorized party officer relating to fishing activities under the Treaty. (8) To refuse to permit an authorized inspector full access to any place where fish taken in the Licensing Area is unloaded. (9) To refuse to allow an authorized inspector to remove samples of fish from a vessel that fished in the Licensing Area. (10) To forcibly assault, resist, oppose, impede, intimidate, or interfere with: (i) Any authorized officer, authorized party officer or authorized inspector in the conduct of a search or inspection in connection with the enforcement of these regulations, the Act or the Treaty; or (ii) An observer in the conduct of observer duties under the Treaty. (11) To transship fish on board a vessel that fished in the Licensing Area, except in accordance with the conditions set out in parts 3 and 4 of Annex I to the Treaty. (b) Except as provided for in §300.39, it is unlawful for any person subject to the jurisdiction of the United States when in the Licensing Area: (1) To use a vessel to fish unless validly licensed as required by the Administrator. (2) To use a vessel for directed fishing for southern bluefin tuna or for fishing for any kinds of fish other than tunas, except that fish may be caught as an incidental bycatch. (3) To use a vessel for fishing by any method, except the purse-seine method. (4) To use any vessel to engage in fishing after the revocation of its license, or during the period of suspension of an applicable license. (5) To operate a vessel in such a way as to disrupt or in any other way adversely affect the activities of traditional and locally based fishermen and fishing vessels. (6) To use a vessel to fish in a manner inconsistent with an order issued by the Secretary under §300.42 (section 11 of the Act). (7) Except for circumstances involving force majeure and other emergencies involving the health or safety of crew members or the safety of the vessel, to use aircraft in association with fishing activities of a vessel, unless it is identified on the license application for the vessel, or any amendment thereto. § 300.39 Exceptions. top (a) The prohibitions of §300.38 and the licensing requirements of §300.32 do not apply to fishing for albacore tuna by vessels using the trolling method outside of the 200 nautical mile fisheries zones of the Pacific Island Parties. (b) The prohibitions of §300.38(a)(4), (a)(5), and (b)(3) do not apply to fishing under the terms and conditions of a fishing arrangement. § 300.40 Civil penalties. top The procedures of 15 CFR part 904 apply to the assessment of civil penalties, except as modified by the requirements of section 8 of the Act. § 300.41 Investigation notification. top Upon commencement of an investigation under section 10(b)(1) of the Act, the operator of any vessel concerned shall have 30 days after receipt of notification of the investigation and the operator's rights under section 10(b)(1) to submit comments, information, or evidence bearing on the investigation, and to request in writing that the Secretary provide the operator an opportunity to present the comments, information, or evidence orally to the Secretary or the Secretary's representative. § 300.42 Findings leading to removal from fishing area. top (a) Following an investigation conducted under section 10(b) of the Act, the Secretary, with the concurrence of the Secretary of State, and upon the request of the Pacific Island Party concerned, may order a fishing vessel that has not submitted to the jurisdiction of that Pacific Island Party to leave immediately the Licensing Area, all Limited Areas, and all Closed Areas upon making a finding that: (1) The fishing vessel— (i) While fishing in the Licensing Area did not have a license under the Treaty to fish in the Licensing Area, and that under paragraph 2 of Article 3 of the Treaty, the fishing is not authorized to be conducted in the Licensing Area without a license; (ii) Was involved in any incident in which an authorized officer, authorized party officer, or observer was allegedly assaulted with resultant bodily harm, physically threatened, forcibly resisted, refused boarding or subjected to physical intimidation or physical interference in the performance of duties as authorized by the Act or the Treaty; (iii) Has not made full payment within 60 days of any amount due as a result of a final judgement or other final determination deriving from a violation in waters within the Treaty Area of a Pacific Island Party; or (iv) Was not represented by an agent for service of process in accordance with the Treaty; or (2) There is probable cause to believe that the fishing vessel— (i) Was used in violation of section 5(a)(4), (a)(5), (b)(2), or (b)(3) of the Act; (ii) Used an aircraft in violation of section 5(b)(7) of the Act; or (iii) Was involved in an incident in which section 5(a)(7) of the Act was violated. (b) Upon being advised by the Secretary of State that proper notification to Parties has been made under paragraph 7 of Article 5 of the Treaty that a Pacific Island Party is investigating an alleged infringement of the Treaty by a vessel in waters under the jurisdiction of that Pacific Island Party, the Secretary shall order the vessel to leave those waters until the Secretary of State notifies the Secretary that the order is no longer necessary. (c) The Secretary shall rescind any order issued on the basis of a finding under paragraphs (a)(1) (iii) or (iv) of this section (subsections 11(a)(1) (C) or (D) of the Act) as soon as the Secretary determines that the facts underlying the finding do not apply. (d) An order issued in accordance with this section is not subject to judicial review. § 300.43 Observers. top (a) The operator and each member of the crew of a vessel shall allow and assist any person identified as an observer under the Treaty by the Pacific Island Parties: (1) To board the vessel for scientific, compliance, monitoring and other functions at the point and time notified by the Pacific Island Parties to the Secretary. (2) Without interfering unduly with the lawful operation of the vessel, to have full access to and use of facilities and equipment on board the vessel that the observer may determine are necessary to carry out observer duties; have full access to the bridge, fish on board, and areas that may be used to hold, process, weigh and store fish; remove samples; have full access to vessel's records, including its log and documentation for the purpose of inspection and copying; have reasonable access to navigation equipment, charts, and radios, and gather any other information relating to fisheries in the Licensing Area. (3) To disembark at the point and time notified by the Pacific Island Parties to the Secretary. (4) To carry out observer duties safely. (b) The operator shall provide the observer, while on board the vessel, at no expense to the Pacific Island Parties, with food, accommodation and medical facilities of reasonable standard as may be acceptable to the Pacific Island Party whose representative is serving as the observer. § 300.44 Other inspections. top The operator and each member of the crew of any vessel from which any fish taken in the Licensing Area is unloaded or transshipped shall allow, or arrange for, and assist any authorized inspector, authorized party officer, or authorized officer to have full access to any place where the fish is unloaded or transshipped, to remove samples, to have full access to the vessel's records, including its log and documentation for the purpose of inspection and photocopying, and to gather any other information relating to fisheries in the Licensing Area without interfering unduly with the lawful operation of the vessel. Subpart E—Pacific Halibut Fisheries top Authority: 16 U.S.C. 773–773k. § 300.60 Purpose and scope. top This subpart implements the North Pacific Halibut Act of 1982 (Act) and is intended to supplement, not conflict with, the annual fishery management measures adopted by the International Pacific Halibut Commission (Commission) under the Convention between the United States and Canada for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea (Convention). § 300.61 Definitions. top In addition to the terms defined in §300.2 and those in the Act and the Convention, the terms used in this subpart have the following meanings. If a term is defined differently in §300.2, the Act, or the Convention, the definition in this section shall apply. Alaska Native tribe means, for purposes of the subsistence fishery for Pacific halibut in waters in and off Alaska, a Federally recognized Alaska Native tribe that has customary and traditional use of halibut and that is listed in §300.65(f)(2) of this part. Area 2A includes all waters off the States of California, Oregon, and Washington. Charter vessel means a vessel used for hire in sport fishing for halibut, but not including a vessel without a hired operator. Commercial fishing means fishing, the resulting catch of which either is, or is intended to be, sold or bartered but does not include subsistence fishing. Commission means the International Pacific Halibut Commission. Commission regulatory area means an area defined by the Commission for purposes of the Convention identified in 50 CFR 300.60 and prescribed in the annual management measures published pursuant to 50 CFR 300.62. Customary trade means, for purposes of the subsistence fishery for Pacific halibut in waters in and off Alaska, the non-commercial exchange of subsistence halibut for anything other than items of significant value. Fishing means the taking, harvesting, or catching of fish, or any activity that can reasonably be expected to result in the taking, harvesting, or catching of fish, including specifically the deployment of any amount or component part of setline gear anywhere in the maritime area. Guideline harvest level (GHL) means a level of allowable halibut harvest by the charter vessel fishery. Halibut harvest means the catching and retaining of any halibut. Individual Fishing Quota (IFQ), for purposes of this subpart, means the annual catch limit of halibut that may be harvested by a person who is lawfully allocated a harvest privilege for a specific portion of the TAC of halibut. IFQ fishing trip, for purposes of the subpart, means the period beginning when a vessel operator commences harvesting IFQ halibut and ending when the vessel operator lands any species. IFQ halibut means any halibut that is harvested with setline or other hook and line gear while commercial fishing in any IFQ regulatory area defined at §679.2 of this title. Overall length of a vessel means the horizontal distance, rounded to the nearest ft/meter, between the foremost part of the stem and the aftermost part of the stern (excluding bowsprits, rudders, outboard motor brackets, and similar fittings or attachments). Person includes an individual, corporation, firm, or association. Rural means, for purposes of the subsistence fishery for Pacific halibut in waters in and off Alaska, a community or area of Alaska in which the non-commercial, customary and traditional use of fish and game for personal or family consumption is a principal characteristic of the economy or area and in which there is a long-term, customary and traditional use of halibut, and that is listed in §300.65(f)(1). Rural resident means, for purposes of the subsistence fishery for Pacific halibut in waters in and off Alaska, a person domiciled in a rural community listed in the table in §300.65(f)(1) of this part and who has maintained a domicile in a rural community listed in the table in §300.65(f)(1) for the 12 consecutive months immediately preceding the time when the assertion of residence is made, and who is not claiming residency in another state, territory, or country. Setline gear means one or more stationary, buoyed, and anchored lines with hooks attached. Sport fishing means: (1) In regulatory area 2A, all fishing other than commercial fishing and treaty Indian ceremonial and subsistence fishing; and (2) In waters in and off Alaska, all fishing other than commercial fishing and subsistence fishing. Subarea 2A–1 includes all U.S. waters off the coast of Washington that are north of 46°53'18" N. lat. and east of 125°44'00" W. long., and all inland marine waters of Washington. Subsistence means, with respect to waters in and off Alaska, the non-commercial, long-term, customary and traditional use of halibut. Subsistence halibut means halibut caught by a rural resident or a member of an Alaska Native tribe for direct personal or family consumption as food, sharing for personal or family consumption as food, or customary trade. Treaty Indian tribes means the Hoh, Jamestown S'Klallam, Lower Elwha S'Klallam, Lummi, Makah, Port Gamble S'Klallam, Quileute, Quinault, Skokomish, Suquamish, Swinomish, and Tulalip tribes. [61 FR 35550, July 5, 1996, as amended at 64 FR 52469, Sept. 29, 1999; 68 FR 18156, Apr. 15, 2003; 68 FR 47264, Aug. 8, 2003] § 300.62 Annual management measures. top Annual management measures may be added and modified through adoption by the Commission and publication in the Federal Register by the Assistant Administrator, with immediate regulatory effect. Such measures may include, inter alia, provisions governing: Licensing of vessels, inseason actions, regulatory areas, fishing periods, closed periods, closed areas, catch limits (quotas), fishing period limits, size limits, careful release of halibut, vessel clearances, logs, receipt and possession of halibut, fishing gear, retention of tagged halibut, supervision of unloading and weighing, and sport fishing for halibut. The Assistant Administrator will publish the Commission's regulations setting forth annual management measures in the Federal Register by March 15 each year. Annual management measures may be adjusted inseason by the Commission. § 300.63 Catch sharing plan and domestic management measures in Area 2A. top (a) A catch sharing plan (CSP) may be developed by the Pacific Fishery Management Council and approved by NMFS for portions of the fishery. Any approved CSP may be obtained from the Administrator, Northwest Region, NMFS. (b)(1) Each year, before January 1, NMFS will publish a proposal to govern the recreational fishery under the CSP for the following year and will seek public comment. The comment period will extend until after the Commission's annual meeting, so the public will have the opportunity to consider the final area 2A total allowable catch (TAC) before submitting comments. After the Commission's annual meeting and review of public comments, NMFS will publish in the Federal Register the final rule governing sport fishing in area 2A. Annual management measures may be adjusted inseason by NMFS. (2) A portion of the commercial TAC is allocated as incidental catch in the salmon troll fishery in Area 2A. Each year the landing restrictions necessary to keep the fishery within its allocation will be recommended by the Pacific Fishery Management Council at its spring meetings, and will be published in the Federal Register along with the annual salmon management measures. (3) A portion of the Area 2A Washington recreational TAC is allocated as incidental catch in the primary directed longline sablefish fishery north of 46°53.30' N. lat, (Pt. Chehalis, Washington), which is regulated under 50 CFR 660.372. This fishing opportunity is only available in years in which the Area 2A TAC is greater than 900,000 lb (408.2 mt,) provided that a minimum of 10,000 lb (4.5 mt) is available above a Washington recreational TAC of 214,100 lb (97.1 mt). Each year that this harvest is available, the landing restrictions necessary to keep this fishery within its allocation will be recommended by the Pacific Fishery Management Council at its spring meetings, and will be published in the Federal Register. These restrictions will be designed to ensure the halibut harvest is incidental to the sablefish harvest and will be based on the amounts of halibut and sablefish available to this fishery, and other pertinent factors. The restrictions may include catch or landing ratios, landing limits, or other means to control the rate of halibut landings. (i) In years when this incidental harvest of halibut in the directed sablefish fishery north of 46°53.30' N. lat. is allowed, it is allowed only for vessels using longline gear that are registered to groundfish limited entry permits with sablefish endorsements and that possess the appropriate incidental halibut harvest license issued by the Commission. (ii) It is unlawful for any person to possess, land or purchase halibut south of 46°53.30' N. lat. that were taken and retained as incidental catch authorized by this section in the directed longline sablefish fishery. (4) The commercial longline fishery in area 2A is governed by the annual management measures published pursuant to §§300.62 and 300.63. (5) The treaty Indian fishery is governed by §300.64 and tribal regulations. The annual quota for the fishery will be announced with the Commission regulations under §300.62 (c) Flexible Inseason Management Provisions for Sport Halibut Fisheries in Area 2A. (1) The Regional Administrator, NMFS Northwest Region, after consultation with the Chairman of the Pacific Fishery Management Council, the Commission Executive Director, and the Fisheries Director(s) of the affected state(s), or their designees, is authorized to modify regulations during the season after making the following determinations: (i) The action is necessary to allow allocation objectives to be met. (ii) The action will not result in exceeding the catch limit for the area. (iii) If any of the sport fishery subareas north of Cape Falcon, Oregon are not projected to utilize their respective quotas by September 30, NMFS may take inseason action to transfer any projected unused quota to another Washington sport subarea. (iv) If any of the sport fishery subareas south of Leadbetter Point, Washington, are not projected to utilize their respective quotas by their season ending dates, NMFS may take inseason action to transfer any projected unused quota to another Oregon sport subarea. (2) Flexible inseason management provisions include, but are not limited to, the following: (i) Modification of sport fishing periods; (ii) Modification of sport fishing bag limits; (iii) Modification of sport fishing size limits; (iv) Modification of sport fishing days per calendar week; and (v) Modification of subarea quotas north of Cape Falcon, Oregon. (3) Notice procedures. (i) Actions taken under this section will be published in the Federal Register. (ii) Actual notice of inseason management actions will be provided by a telephone hotline administered by the Northwest Region, NMFS, at 206–526–6667 or 800–662–9825 (May through October) and by U.S. Coast Guard broadcasts. These broadcasts are announced on Channel 16 VHF–FM and 2182 kHz at frequent intervals. The announcements designate the channel or frequency over which the notice to mariners will be immediately broadcast. Since provisions of these regulations may be altered by inseason actions, sport fishers should monitor either the telephone hotline or U.S. Coast Guard broadcasts for current information for the area in which they are fishing. (4) Effective dates. (i) Any action issued under this section is effective on the date specified in the publication or at the time that the action is filed for public inspection with the Office of the Federal Register, whichever is later. (ii) If time allows, NMFS will invite public comment prior to the effective date of any inseason action filed with the Federal Register. If the Regional Administrator determines, for good cause, that an inseason action must be filed without affording a prior opportunity for public comment, public comments will be received for a period of 15 days after publication of the action in the Federal Register. (iii) Any inseason action issued under this section will remain in effect until the stated expiration date or until rescinded, modified, or superseded. However, no inseason action has any effect beyond the end of the calendar year in which it is issued. (5) Availability of data. The Regional Administrator will compile, in aggregate form, all data and other information relevant to the action being taken and will make them available for public review during normal office hours at the Northwest Regional Office, NMFS, Sustainable Fisheries Division, 7600 Sand Point Way NE, Seattle, Washington. (d) Fishery Election in Area 2A. (1) A vessel that fishes in Area 2A may participate in only one of the following three fisheries in Area 2A: (i) The sport fishery under Section 24 of the annual domestic management measures and IPHC regulations; (ii) The commercial directed fishery for halibut during the fishing period(s) established in section 8 of the annual domestic management measures and IPHC regulations and/or the incidental retention of halibut during the primary sablefish fishery described at 50 CFR 660.372; or (iii) The incidental catch fishery during the salmon troll fishery as authorized in section 8 of the annual domestic management measures and IPHC regulations. (2) No person shall fish for halibut in the sport fishery in Area 2A under section 24 of the annual domestic management measures and IPHC regulations from a vessel that has been used during the same calendar year for commercial halibut fishing in Area 2A or that has been issued a permit for the same calendar year for the commercial halibut fishery in Area 2A. (3) No person shall fish for halibut in the directed commercial halibut fishery during the fishing periods established in section 8 of the annual domestic management measures and IPHC regulations and/or retain halibut incidentally taken in the primary sablefish fishery in Area 2A from a vessel that has been used during the same calendar year for the incidental catch fishery during the salmon troll fishery as authorized in Section 8 of the annual domestic management measures and IPHC regulations. (4) No person shall fish for halibut in the directed commercial halibut fishery and/or retain halibut incidentally taken in the primary sablefish fishery in Area 2A from a vessel that, during the same calendar year, has been used in the sport halibut fishery in Area 2A or that is licensed for the sport charter halibut fishery in Area 2A. (5) No person shall retain halibut in the salmon troll fishery in Area 2A as authorized under section 8 of the annual domestic management measures and IPHC regulations taken on a vessel that, during the same calendar year, has been used in the sport halibut fishery in Area 2A, or that is licensed for the sport charter halibut fishery in Area 2A. (6) No person shall retain halibut in the salmon troll fishery in Area 2A as authorized under section 8 of the annual domestic management measures and IPHC regulations taken on a vessel that, during the same calendar year, has been used in the directed commercial halibut fishery during the fishing periods established in Section 8 of the annual domestic management measures and IPHC regulations and/or retained halibut incidentally taken in the primary sablefish fishery for Area 2A or that is licensed to participate in these commercial fisheries during the fishing periods established in Section 8 of the annual domestic management measures and IPHC regulations in Area 2A. (e) Area 2A Non-Treaty Commercial Fishery Closed Areas. Non-treaty commercial vessels operating in the directed commercial fishery for halibut in Area 2A are required to fish outside of a closed area, known as the Rockfish Conservation Area (RCA), that extends along the coast from the U.S./Canada border south to 40°10' N. lat. Between the U.S./Canada border and 46°16' N. lat., the eastern boundary of the RCA is the shoreline. Between 46°16' N. lat. and 40°10' N. lat., the RCA is defined along an eastern boundary approximating the 30-fm (55-m) depth contour. Coordinates for the 30-fm (55-m) boundary are listed at §300.63 (f). Between the U.S./Canada border and 40°10' N. lat., the RCA is defined along a western boundary approximating the 100-fm (183-m) depth contour. Coordinates for the 100-fm (183-m) boundary are listed at §300.63 (g). (f) The 30-fm (55-m) depth contour between 46°16' N. lat. and 40°10' N. lat. is defined by straight lines connecting all of the following points in the order stated: (1) 46°16.00' N. lat., 124°13.05' W. long.; (2) 46°07.00' N. lat., 124°07.01' W. long.; (3) 45°55.95' N. lat., 124°02.23' W. long.; (4) 45°54.53' N. lat., 124°02.57' W. long.; (5) 45°50.65' N. lat., 124°01.62' W. long.; (6) 45°48.20' N. lat., 124°02.16' W. long.; (7) 45°46.00' N. lat., 124°01.86' W. long.; (8) 45°43.47' N. lat., 124°01.28' W. long.; (9) 45°40.48' N. lat., 124°01.03' W. long.; (10) 45°39.04' N. lat., 124°01.68' W. long.; (11) 45°35.48' N. lat., 124°01.89' W. long.; (12) 45°29.81' N. lat., 124°02.45' W. long.; (13) 45°27.96' N. lat., 124°01.89' W. long.; (14) 45°27.22' N. lat., 124°02.67' W. long.; (15) 45°24.20' N. lat., 124°02.94' W. long.; (16) 45°20.60' N. lat., 124°01.74' W. long.; (17) 45°20.25' N. lat., 124°01.85' W. long.; (18) 45°16.44' N. lat., 124°03.22' W. long.; (19) 45°13.63' N. lat., 124°02.70' W. long.; (20) 45°11.04' N. lat., 124°03.59' W. long.; (21) 45°08.55' N. lat., 124°03.47' W. long.; (22) 45°02.82' N. lat., 124°04.64' W. long.; (23) 45°03.38' N. lat., 124°04.79' W. long.; (24) 44°58.06' N. lat., 124°05.03' W. long.; (25) 44°53.97' N. lat., 124°06.92' W. long.; (26) 44°48.89' N. lat., 124°07.04' W. long.; (27) 44°46.94' N. lat., 124°08.25' W. long.; (28) 44°42.72' N. lat., 124°08.98' W. long.; (29) 44°38.16' N. lat., 124°11.48' W. long.; (30) 44°33.38' N. lat., 124°11.54' W. long.; (31) 44°28.51' N. lat., 124°12.03' W. long.; (32) 44°27.65' N. lat., 124°12.56' W. long.; (33) 44°19.67' N. lat., 124°12.37' W. long.; (34) 44°10.79' N. lat., 124°12.22' W. long.; (35) 44°09.22' N. lat., 124°12.28' W. long.; (36) 44°08.30' N. lat., 124°12.30' W. long.; (37) 44°00.22' N. lat., 124°12.80' W. long.; (38) 43°51.56' N. lat., 124°13.17' W. long.; (39) 43°44.26' N. lat., 124°14.50' W. long.; (40) 43°33.82' N. lat., 124°16.28' W. long.; (41) 43°28.66' N. lat., 124°18.72' W. long.; (42) 43°23.12' N. lat., 124°24.04' W. long.; (43) 43°20.83' N. lat., 124°25.67' W. long.; (44) 43°20.49' N. lat., 124°25.90' W. long.; (45) 43°16.41' N. lat., 124°27.52' W. long.; (46) 43°14.23' N. lat., 124°29.28' W. long.; (47) 43°14.03' N. lat., 124°28.31' W. long.; (48) 43°11.92' N. lat., 124°28.26' W. long.; (49) 43°11.02' N. lat., 124°29.11' W. long.; (50) 43°10.13' N. lat., 124°29.15' W. long.; (51) 43°09.27' N. lat., 124°31.03' W. long.; (52) 43°07.73' N. lat., 124°30.92' W. long.; (53) 43°05.93' N. lat., 124°29.64' W. long.; (54) 43°01.59' N. lat., 124°30.64' W. long.; (55) 42°59.73' N. lat., 124°31.16' W. long.; (56) 42°53.75' N. lat., 124°36.09' W. long.; (57) 42°50.00' N. lat., 124°38.39' W. long.; (58) 42°49.37' N. lat., 124°38.81' W. long.; (59) 42°46.42' N. lat., 124°37.69' W. long.; (60) 42°46.07' N. lat., 124°38.56' W. long.; (61) 42°45.29' N. lat., 124°37.95' W. long.; (62) 42°45.61' N. lat., 124°36.87' W. long.; (63) 42°44.28' N. lat., 124°33.64' W. long.; (64) 42°42.75' N. lat., 124°31.84' W. long.; (65) 42°40.50' N. lat., 124°29.67' W. long.; (66) 42°40.04' N. lat., 124°29.19' W. long.; (67) 42°38.09' N. lat., 124°28.39' W. long.; (68) 42°36.72' N. lat., 124°27.54' W. long.; (69) 42°36.56' N. lat., 124°28.40' W. long.; (70) 42°35.76' N. lat., 124°28.79' W. long.; (71) 42°34.03' N. lat., 124°29.98' W. long.; (72) 42°34.19' N. lat., 124°30.58' W. long.; (73) 42°31.27' N. lat., 124°32.24' W. long.; (74) 42°27.07' N. lat., 124°32.53' W. long.; (75) 42°24.21' N. lat., 124°31.23' W. long.; (76) 42°20.47' N. lat., 124°28.87' W. long.; (77) 42°14.60' N. lat., 124°26.80' W. long.; (78) 42°13.67' N. lat., 124°26.25' W. long.; (79) 42°10.90' N. lat., 124°24.57' W. long.; (80) 42°07.04' N. lat., 124°23.35' W. long.; (81) 42°02.16' N. lat., 124°22.59' W. long.; (82) 42°00.00' N. lat., 124°21.81' W. long.; (83) 41°55.75' N. lat., 124°20.72' W. long.; (84) 41°50.93' N. lat., 124°23.76' W. long.; (85) 41°42.53' N. lat., 124°16.47' W. long.; (86) 41°37.20' N. lat., 124°17.05' W. long.; (87) 41°24.58' N. lat., 124°10.51' W. long.; (88) 41°20.73' N. lat., 124°11.73' W. long.; (89) 41°17.59' N. lat., 124°10.66' W. long.; (90) 41°04.54' N. lat., 124°14.47' W. long.; (91) 40°54.26' N. lat., 124°13.90' W. long.; (92) 40°40.31' N. lat., 124°26.24' W. long.; (93) 40°34.00' N. lat., 124°27.39' W. long.; (94) 40°30.00' N. lat., 124°31.32' W. long.; (95) 40°28.89' N. lat., 124°32.43' W. long.; (96) 40°24.77' N. lat., 124°29.51' W. long.; (97) 40°22.47' N. lat., 124°24.12' W. long.; (98) 40°19.73' N. lat., 124°23.59' W. long.; (99) 40°18.64' N. lat., 124°21.89' W. long.; (100) 40°17.67' N. lat., 124°23.07' W. long.; (101) 40°15.58' N. lat., 124°23.61' W. long.; (102) 40°13.42' N. lat., 124°22.94' W. long.; and (103) 40°10.00' N. lat., 124°16.65' W. long. (g) The 100-fm (183-m) depth contour between the U.S./Canada border and 40°10' N. lat. is defined by straight lines connecting all of the following points in the order stated: (1) 48°15.00' N. lat., 125°41.00' W. long.; (2) 48°14.00' N. lat., 125°36.00' W. long.; (3) 48°09.50' N. lat., 125°40.50' W. long.; (4) 48°08.00' N. lat., 125°38.00' W. long.; (5) 48°05.00' N. lat., 125°37.25' W. long.; (6) 48°02.60' N. lat., 125°34.70' W. long.; (7) 47°59.00' N. lat., 125°34.00' W. long.; (8) 47°57.26' N. lat., 125°29.82' W. long.; (9) 47°59.87' N. lat., 125°25.81' W. long.; (10) 48°01.80' N. lat., 125°24.53' W. long.; (11) 48°02.08' N. lat., 125°22.98' W. long.; (12) 48°02.97' N. lat., 125°22.89' W. long.; (13) 48°04.47' N. lat., 125°21.75' W. long.; (14) 48°06.11' N. lat., 125°19.33' W. long.; (15) 48°07.95' N. lat., 125°18.55' W. long.; (16) 48°09.00' N. lat., 125°18.00' W. long.; (17) 48°11.31' N. lat., 125°17.55' W. long.; (18) 48°14.60' N. lat., 125°13.46' W. long.; (19) 48°16.67' N. lat., 125°14.34' W. long.; (20) 48°18.73' N. lat., 125°14.41' W. long.; (21) 48°19.67' N. lat., 125°13.70' W. long.; (22) 48°19.70' N. lat., 125°11.13' W. long.; (23) 48°22.95' N. lat., 125°10.79' W. long.; (24) 48°21.61' N. lat., 125°02.54' W. long.; (25) 48°23.00' N. lat., 124°49.34' W. long.; (26) 48°17.00' N. lat., 124°56.50' W. long.; (27) 48°06.00' N. lat., 125°00.00' W. long.; (28) 48°04.62' N. lat., 125°01.73' W. long.; (29) 48°04.84' N. lat., 125°04.03' W. long.; (30) 48°06.41' N. lat., 125°06.51' W. long.; (31) 48°06.00' N. lat., 125°08.00' W. long.; (32) 48°07.08' N. lat., 125°09.34' W. long.; (33) 48°07.28' N. lat., 125°11.14' W. long.; (34) 48°03.45' N. lat., 125°16.66' W. long.; (35) 47°59.50' N. lat., 125°18.88' W. long.; (36) 47°58.68' N. lat., 125°16.19' W. long.; (37) 47°56.62' N. lat., 125°13.50' W. long.; (38) 47°53.71' N. lat., 125°11.96' W. long.; (39) 47°51.70' N. lat., 125°09.38' W. long.; (40) 47°49.95' N. lat., 125°06.07' W. long.; (41) 47°49.00' N. lat., 125°03.00' W. long.; (42) 47°46.95' N. lat., 125°04.00' W. long.; (43) 47°46.58' N. lat., 125°03.15' W. long.; (44) 47°44.07' N. lat., 125°04.28' W. long.; (45) 47°43.32' N. lat., 125°04.41' W. long.; (46) 47°40.95' N. lat., 125°04.14' W. long.; (47) 47°39.58' N. lat., 125°04.97' W. long.; (48) 47°36.23' N. lat., 125°02.77' W. long.; (49) 47°34.28' N. lat., 124°58.66' W. long.; (50) 47°32.17' N. lat., 124°57.77' W. long.; (51) 47°30.27' N. lat., 124°56.16' W. long.; (52) 47°30.60' N. lat., 124°54.80' W. long.; (53) 47°29.26' N. lat., 124°52.21' W. long.; (54) 47°28.21' N. lat., 124°50.65' W. long.; (55) 47°27.38' N. lat., 124°49.34' W. long.; (56) 47°25.61' N. lat., 124°48.26' W. long.; (57) 47°23.54' N. lat., 124°46.42' W. long.; (58) 47°20.64' N. lat., 124°45.91' W. long.; (59) 47°17.99' N. lat., 124°45.59' W. long.; (60) 47°18.20' N. lat., 124°49.12' W. long.; (61) 47°15.01' N. lat., 124°51.09' W. long.; (62) 47°12.61' N. lat., 124°54.89' W. long.; (63) 47°08.22' N. lat., 124°56.53' W. long.; (64) 47°08.50' N. lat., 124°57.74' W. long.; (65) 47°01.92' N. lat., 124°54.95' W. long.; (66) 47°01.14' N. lat., 124°59.35' W. long.; (67) 46°58.48' N. lat., 124°57.81' W. long.; (68) 46°56.79' N. lat., 124°56.03' W. long.; (69) 46°58.01' N. lat., 124°55.09' W. long.; (70) 46°55.07' N. lat., 124°54.14' W. long.; (71) 46°59.60' N. lat., 124°49.79' W. long.; (72) 46°58.72' N. lat., 124°48.78' W. long.; (73) 46°54.45' N. lat., 124°48.36' W. long.; (74) 46°53.99' N. lat., 124°49.95' W. long.; (75) 46°54.38' N. lat., 124°52.73' W. long.; (76) 46°52.38' N. lat., 124°52.02' W. long.; (77) 46°48.93' N. lat., 124°49.17' W. long.; (78) 46°41.50' N. lat., 124°43.00' W. long.; (79) 46°34.50' N. lat., 124°28.50' W. long.; (80) 46°29.00' N. lat., 124°30.00' W. long.; (81) 46°20.00' N. lat., 124°36.50' W. long.; (82) 46°18.00' N. lat., 124°38.00' W. long.; (83) 46°17.52' N. lat., 124°35.35' W. long.; (84) 46°17.00' N. lat., 124°22.50' W. long.; (85) 46°16.00' N. lat., 124°20.62' W. long.; (86) 46°13.52' N. lat., 124°25.49' W. long.; (87) 46°12.17' N. lat., 124°30.75' W. long.; (88) 46°10.63' N. lat., 124°37.95' W. long.; (89) 46°09.29' N. lat., 124°39.01' W. long.; (90) 46°02.40' N. lat., 124°40.37' W. long.; (91) 45°56.45' N. lat., 124°38.00' W. long.; (92) 45°51.92' N. lat., 124°38.49' W. long.; (93) 45°47.19' N. lat., 124°35.58' W. long.; (94) 45°46.41' N. lat., 124°32.36' W. long.; (95) 45°46.00' N. lat., 124°32.10' W. long.; (96) 45°41.75' N. lat., 124°28.12' W. long.; (97) 45°36.96' N. lat., 124°24.48' W. long.; (98) 45°31.84' N. lat., 124°22.04' W. long.; (99) 45°27.10' N. lat., 124°21.74' W. long.; (100) 45°20.25' N. lat., 124°18.54' W. long.; (101) 45°18.14' N. lat., 124°17.59' W. long.; (102) 45°11.08' N. lat., 124°16.97' W. long.; (103) 45°04.38' N. lat., 124°18.36' W. long.; (104) 45°03.83' N. lat., 124°18.60' W. long.; (105) 44°58.05' N. lat., 124°21.58' W. long.; (106) 44°47.67' N. lat., 124°31.41' W. long.; (107) 44°44.55' N. lat., 124°33.58' W. long.; (108) 44°39.88' N. lat., 124°35.01' W. long.; (109) 44°32.90' N. lat., 124°36.81' W. long.; (110) 44°30.33' N. lat., 124°38.56' W. long.; (111) 44°30.04' N. lat., 124°42.31' W. long.; (112) 44°26.84' N. lat., 124°44.91' W. long.; (113) 44°17.99' N. lat., 124°51.03' W. long.; (114) 44°13.68' N. lat., 124°56.38' W. long.; (115) 44°08.30' N. lat., 124°55.99' W. long.; (116) 43°56.67' N. lat., 124°55.45' W. long.; (117) 43°56.47' N. lat., 124°34.61' W. long.; (118) 43°42.73' N. lat., 124°32.41' W. long.; (119) 43°30.93' N. lat., 124°34.43' W. long.; (120) 43°20.83' N. lat., 124°39.39' W. long.; (121) 43°17.45' N. lat., 124°41.16' W. long.; (122) 43°07.04' N. lat., 124°41.25' W. long.; (123) 43°03.45' N. lat., 124°44.36' W. long.; (124) 43°03.90' N. lat., 124°50.81' W. long.; (125) 42°55.70' N. lat., 124°52.79' W. long.; (126) 42°54.12' N. lat., 124°47.36' W. long.; (127) 42°50.00' N. lat., 124°45.33' W. long.; (128) 42°44.00' N. lat., 124°42.38' W. long.; (129) 42°40.50' N. lat., 124°41.71' W. long.; (130) 42°38.23' N. lat., 124°41.25' W. long.; (131) 42°33.03' N. lat., 124°42.38' W. long.; (132) 42°31.89' N. lat., 124°42.04' W. long.; (133) 42°30.09' N. lat., 124°42.67' W. long.; (134) 42°28.28' N. lat., 124°47.08' W. long.; (135) 42°25.22' N. lat., 124°43.51' W. long.; (136) 42°19.23' N. lat., 124°37.92' W. long.; (137) 42°16.29' N. lat., 124°36.11' W. long.; (138) 42°13.67' N. lat., 124°35.81' W. long.; (139) 42°05.66' N. lat., 124°34.92' W. long.; (140) 42°00.00' N. lat., 124°35.27' W. long.; (141) 41°47.04' N. lat., 124°27.64' W. long.; (142) 41°32.92' N. lat., 124°28.79' W. long.; (143) 41°24.17' N. lat., 124°28.46' W. long.; (144) 41°10.12' N. lat., 124°20.50' W. long.; (145) 40°51.41' N. lat., 124°24.38' W. long.; (146) 40°43.71' N. lat., 124°29.89' W. long.; (147) 40°40.14' N. lat., 124°30.90' W. long.; (148) 40°37.35' N. lat., 124°29.05' W. long.; (149) 40°34.76' N. lat., 124°29.82' W. long.; (150) 40°36.78' N. lat., 124°37.06' W. long.; (151) 40°32.44' N. lat., 124°39.58' W. long.; (152) 40°30.00' N. lat., 124°38.13' W. long.; (153) 40°24.82' N. lat., 124°35.12' W. long.; (154) 40°23.30' N. lat., 124°31.60' W. long.; (155) 40°23.52' N. lat., 124°28.78' W. long.; (156) 40°22.43' N. lat., 124°25.00' W. long.; (157) 40°21.72' N. lat., 124°24.94' W. long.; (158) 40°21.87' N. lat., 124°27.96' W. long.; (159) 40°21.40' N. lat., 124°28.74' W. long.; (160) 40°19.68' N. lat., 124°28.49' W. long.; (161) 40°17.73' N. lat., 124°25.43' W. long.; (162) 40°18.37' N. lat., 124°23.35' W. long.; (163) 40°15.75' N. lat., 124°26.05' W. long.; (164) 40°16.75' N. lat., 124°33.71' W. long.; (165) 40°16.29' N. lat., 124°34.36' W. long.; and (166) 40°10.00' N. lat., 124°21.12' W. long. [61 FR 35550, July 5, 1996, as amended at 63 FR 13009, Mar. 17, 1998; 63 FR 24752, May 5, 1998; 64 FR 52469, Sept. 29, 1999; 65 FR 67308, Nov. 9, 2000; 65 FR 8373, Jan. 31, 2001; 66 FR 36208, July 11, 2001; 66 FR 42156, Aug. 10, 2001; 68 FR 11003, Mar. 7, 2003; 68 FR 18156, Apr. 15, 2003; 69 FR 24532, May 4, 2004; 70 FR 16751, Apr. 1, 2005; 71 FR 10863, Mar. 3, 2006] § 300.64 Fishing by U.S. treaty Indian tribes. top (a) Halibut fishing in subarea 2A–1 by members of U.S. treaty Indian tribes located in the State of Washington is governed by this section. (b) Commercial fishing for halibut by treaty Indians is permitted only in subarea 2A–1 with hook-and-line gear in conformance with the season and quota established annually by the Commission. (c) Commercial fishing periods and management measures to implement paragraph (b) of this section will be established by treaty Indian tribal regulations. (d) Commercial fishing for halibut by treaty Indians shall comply with the Commission's management measures governing size limits, careful release of halibut, logs, and fishing gear (published pursuant to §300.62), except that the 72-hour fishing restriction preceding the opening of a halibut fishing period shall not apply to treaty Indian fishing. (e) Ceremonial and subsistence fishing for halibut by treaty Indians in subarea 2A–1 is permitted with hook-and-line gear from January 1 to December 31. (f) No size or bag limits shall apply to the ceremonial and subsistence fishery, except that when commercial halibut fishing is prohibited pursuant to paragraph (b) of this section, treaty Indians may take and retain not more than two halibut per person per day. (g) Halibut taken for ceremonial and subsistence purposes shall not be offered for sale or sold. (h) Any member of a U.S. treaty Indian tribe who is engaged in commercial or ceremonial and subsistence fishing under this section must have on his or her person a valid treaty Indian identification card issued pursuant to 25 CFR part 249, subpart A, and must comply with the treaty Indian vessel and gear identification requirements of Final Decision No. 1 and subsequent orders in United States v. Washington 384 F. Supp. 312 (W.D. Wash., 1974). (i) The following table sets forth the fishing areas of each of the 12 treaty Indian tribes fishing pursuant to this section. Within subarea 2A–1, boundaries of a tribe's fishing area may be revised as ordered by a Federal Court. ------------------------------------------------------------------------ Tribe Boundaries ------------------------------------------------------------------------ HOH....................................... Between 47°54[min]18[sec] N. lat. (Quillayute River) and 47°21[min]00[sec] N. lat. (Quinault River), and east of 125°44[min]00[sec] W. long. JAMESTOWN S'KLALLAM....................... Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and particularly at 626 F. Supp. 1486, to be places at which the Jamestown S'Klallam Tribe may fish under rights secured by treaties with the United States. LOWER ELWHA S'KLALLAM..................... Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and particularly at 459 F. Supp. 1049 and 1066 and 626 F. Supp. 1443, to be places at which the Lower Elwha S'Klallam Tribe may fish under rights secured by treaties with the United States. LUMMI..................................... Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and particularly at 384 F. Supp. 360, as modified in Subproceeding No. 89-08 (W.D. Wash., February 13, 1990) (decision and order re: cross-motions for summary judgement), to be places at which the Lummi Tribe may fish under rights secured by treaties with the United States. MAKAH..................................... North of 48°02[min]15[sec] N. lat. (Norwegian Memorial), west of 123°42[min]30[sec] W. long., and east of 125°44[min]00[sec] W. long. PORT GAMBLE S'KLALLAM..................... Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and particularly at 626 F. Supp. 1442, to be places at which the Port Gamble S'Klallam Tribe may fish under rights secured by treaties with the United States. QUILEUTE.................................. Between 48°07[min]36[sec] N. lat. (Sand Point) and 47°31[min]42[sec] N. lat. (Queets River), and east of 125°44[min]00[sec] W. long. QUINAULT.................................. Between 47°40[min]06[sec] N. lat. (Destruction Island) and 46°53[min]18[sec] N. lat. (Point Chehalis), and east of 125°44[min]00[sec] 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. ------------------------------------------------------------------------ § 300.65 Catch sharing plan and domestic management measures in waters in and off Alaska. top (a) A catch sharing plan (CSP) may be developed by the North Pacific Fishery Management Council and approved by NMFS for portions of the fishery. Any approved CSP may be obtained from the Administrator, Alaska Region, NMFS. (b) The catch sharing plan for Commission regulatory area 4 allocates the annual TAC among area 4 subareas and will be implemented by the Commission in annual management measures published pursuant to 50 CFR 300.62. (c) Guideline harvest level. (1) The annual GHLs for regulatory areas 2C and 3A are determined as follows: ---------------------------------------------------------------------------------------------------------------- If the Annual Total Constant If the Annual Total Constant Exploitation Yield for Than the GHL for Exploitation Yield Than the GHL for Halibut in Area 2C is More Than: Area 2C will be: for Halibut in Area 3A will be: Area 3A is More Than: ---------------------------------------------------------------------------------------------------------------- (i) 9,027,000 lbs. 1,432,000 lbs. 21,581,000 lbs. 3,650,000 lbs. (4094.5 mt) (649.5 mt) (9,788.9 mt) (1655.6 mt) (ii) 7,965,000 lbs. 1,217,000 lbs. 19,042,000 lbs. 3,103,000 lbs. (3612.9 mt) (552.0 mt) (8637.3 mt) (1407.0 mt) (iii) 6,903,000 lbs. 1,074,000 lbs. 16,504,000 lbs. 2,734,000 lbs. (3,131.2 mt) (496.7 mt) (7,485.9 mt) (1266.4 mt) (iv) 5,841,000 lbs. 931,000 lbs. 13,964,000 lbs. 2,373,000 lbs. (2,649.4 mt) (447.2 mt) (6334.0 mt) (1,139.9 mt) (v) 4,779,000 lbs. 788,000 lbs. 11,425,000 lbs. 2,008,000 lbs. (2,167.7 mt) (357.4 mt) (5,182.3 mt) (910.8 mt) ---------------------------------------------------------------------------------------------------------------- (2) NMFS will publish a notice in the Federal Register on an annual basis establishing the GHL for Area 2C and Area 3B for that calendar year within 30 days of receiving information from the Commission which establishes the constant exploitation yield for that year. (3) If the GHL in either Area 2C or 3A is exceeded, NMFS will notify the Council in writing that the GHL has been exceeded within 30 days of receiving information that the GHL has been exceeded. (d) The Local Area Management Plan (LAMP) for Sitka Sound provides guidelines for participation in the halibut fishery in Sitka Sound. (1) For purposes of this section, Sitka Sound means (See Figure 1 to subpart E): (i) With respect to paragraph (d)(2) of this section, that part of the Commission regulatory area 2C that is enclosed on the north and east: (A) By a line from Kruzof Island at 57°20'30" N. lat., 135°45'10" W. long. to Chichagof Island at 57°22'03" N. lat., 135°43'00" W. long., and (B) By a line from Chichagof Island at 57°22'35" N. lat., 135°41'18" W. long. to Baranof Island at 57°22'17" N. lat., 135°40'57" W. long.; and (C) That is enclosed on the south and west by a line from Cape Edgecumbe at 56°59'54" N. lat., 135°51'27" W. long. to Vasilief Rock at 56°48'56" N. lat., 135°32'30" W. long., and (D) To the green day marker in Dorothy Narrows at 56°49'17" N. lat., 135°22'45" W. long. to Baranof Island at 56°49'17" N. lat., 135°22'36" W. long. (ii) With respect to paragraphs (d)(3) and (d)(4) of this section, that part of the Commission regulatory area 2C that is enclosed on the north and east: (A) By a line from Kruzof Island at 57°20'30" N. lat., 135°45'10" W. long. to Chichagof Island at 57°22'03" N. lat., 135°43'00" W. long., and (B) A line from Chichagof Island at 57°22'35" N. lat., 135°41'18" W. long. to Baranof Island at 57°22'17" N. lat., 135°40'57" W. lat.; and (C) That is enclosed on the south and west by a line from Sitka Point at 56°59'23" N. lat., 135°49'34" W. long., to Hanus Point at 56°51'55" N. lat., 135°30'30" W. long., (D) To the green day marker in Dorothy Narrows at 56°49'17" N. lat., 135°22'45" W. long. to Baranof Island at 56°49'17" N. lat., 135°22'36" W. long. (2) A person using a vessel greater than 35 ft (10.7 m) in overall length, as defined at 50 CFR 300.61, is prohibited from fishing for IFQ halibut with setline gear, as defined at 50 CFR 300.61, within Sitka Sound as defined in paragraph (d)(1)(i) of this section. (3) A person using a vessel less than or equal to 35 ft (10.7 m) in overall length, as defined at 50 CFR 300.61: (i) Is prohibited from fishing for IFQ halibut with setline gear within Sitka Sound, as defined in paragraph (d)(1)(ii) of this section, from June 1 through August 31; and (ii) Is prohibited, during the remainder of the designated IFQ season, from retaining more than 2,000 lb (0.91 mt) of IFQ halibut within Sitka Sound, as defined in paragraph (d)(1)(ii) of this section, per IFQ fishing trip, as defined in 50 CFR 300.61. (4) No charter vessel shall engage in sport fishing, as defined at §300.61, for halibut within Sitka Sound, as defined in paragraph (d)(1)(ii) of this section, from June 1 through August 31. (i) No charter vessel shall retain halibut caught while engaged in sport fishing, as defined at §300.61, for other species, within Sitka Sound, as defined in paragraph (d)(1)(ii) of this section, from June 1 through August 31. (ii) Notwithstanding paragraphs (d)(4) and (d)(4)(i) of this section, halibut harvested outside Sitka Sound, as defined in paragraph (d)(1)(ii) of this section, may be retained onboard a charter vessel engaged in sport fishing, as defined in §300.61, for other species within Sitka Sound, as defined in paragraph (d)(1)(ii) of this section, from June 1 through August 31. (e) Sitka Pinnacles Marine Reserve. (1) For purposes of this paragraph (e), the Sitka Pinnacles Marine Reserve means an area totaling 2.5 square nm off Cape Edgecumbe, defined by straight lines connecting the following points in a counterclockwise manner: 56°55.5'N lat., 135°54.0'W long; 56°57.0'N lat., 135°54.0'W long; 56°57.0'N lat., 135°57.0'W long; 56°55.5'N lat., 135°57.0'W long. (2) No person shall engage in commercial, sport or subsistence fishing, as defined at §300.61, for halibut within the Sitka Pinnacles Marine Reserve. (3) No person shall anchor a vessel within the Sitka Pinnacles Marine Reserve if halibut is on board. (f) Subsistence fishing in and off Alaska. No person shall engage in subsistence fishing for halibut unless that person meets the requirements in paragraphs (f)(1) or (f)(2) of this section. (1) A person is eligible to harvest subsistence halibut if he or she is a rural resident of a community with customary and traditional uses of halibut listed in the following table: Halibut Regulatory Area 2C ------------------------------------------------------------------------ Rural Community Organized Entity ------------------------------------------------------------------------ Angoon.................................... Municipality Coffman Cove.............................. Municipality Craig..................................... Municipality Edna Bay.................................. Census Designated Place Elfin Cove................................ Census Designated Place Gustavus.................................. Census Designated Place Haines.................................... Municipality Hollis.................................... Census Designated Place Hoonah.................................... Municipality Hydaburg.................................. Municipality Hyder..................................... Census Designated Place Kake...................................... Municipality Kasaan.................................... Municipality Klawock................................... Municipality Klukwan................................... Census Designated Place Metlakatla................................ Census Designated Place Meyers Chuck.............................. Census Designated Place Pelican................................... Municipality Petersburg................................ Municipality Point Baker............................... Census Designated Place Port Alexander............................ Municipality Port Protection........................... Census Designated Place Saxman.................................... Municipality Sitka..................................... Municipality Skagway................................... Municipality Tenakee Springs........................... Municipality Thorne Bay................................ Municipality Whale Pass................................ Census Designated Place Wrangell.................................. Municipality ------------------------------------------------------------------------ Halibut Regulatory Area 3A ------------------------------------------------------------------------ Rural Community Organized Entity ------------------------------------------------------------------------ Akhiok.................................... Municipality Chenega Bay............................... Census Designated Place Cordova................................... Municipality Karluk.................................... Census Designated Place Kodiak City............................... Municipality Larsen Bay................................ Municipality Nanwalek.................................. Census Designated Place Old Harbor................................ Municipality Ouzinkie.................................. Municipality Port Graham............................... Census Designated Place Port Lions................................ Municipality Seldovia.................................. Municipality Tatitlek.................................. Census Designated Place Yakutat................................... Municipality ------------------------------------------------------------------------ Halibut Regulatory Area 3B ------------------------------------------------------------------------ Rural Community Organized Entity ------------------------------------------------------------------------ Chignik Bay............................... Municipality Chignik Lagoon............................ Census Designated Place Chignik Lake.............................. Census Designated Place Cold Bay.................................. Municipality False Pass................................ Municipality Ivanof Bay................................ Census Designated Place King Cove................................. Municipality Nelson Lagoon............................. Census Designated Place Perryville................................ Census Designated Place Sand Point................................ Municipality ------------------------------------------------------------------------ Halibut Regulatory Area 4A ------------------------------------------------------------------------ Rural Community Organized Entity ------------------------------------------------------------------------ Akutan.................................... Municipality Nikolski.................................. Census Designated Place Unalaska.................................. Municipality ------------------------------------------------------------------------ Halibut Regulatory Area 4B ------------------------------------------------------------------------ Rural Community Organized Entity ------------------------------------------------------------------------ Adak...................................... Census Designated Place Atka...................................... Municipality ------------------------------------------------------------------------ Halibut Regulatory Area 4C ------------------------------------------------------------------------ Rural Community Organized Entity ------------------------------------------------------------------------ St. George................................ Municipality St. Paul.................................. Municipality ------------------------------------------------------------------------ Halibut Regulatory Area 4D ------------------------------------------------------------------------ Rural Community Organized Entity ------------------------------------------------------------------------ Gambell................................... Municipality Savoonga.................................. Municipality Diomede (Inalik).......................... Municipality ------------------------------------------------------------------------ Halibut Regulatory Area 4E ------------------------------------------------------------------------ Rural Community Organized Entity ------------------------------------------------------------------------ Alakanuk.................................. Municipality Aleknegik................................. Municipality Bethel.................................... Municipality Brevig Mission............................ Municipality Chefornak................................. Municipality Chevak.................................... Municipality Clark's Point............................. Municipality Council................................... Census Designated Place Dillingham................................ Municipality Eek....................................... Municipality Egegik.................................... Municipality Elim...................................... Municipality Emmonak................................... Municipality Golovin................................... Municipality Goodnews Bay.............................. Municipality Hooper Bay................................ Municipality King Salmon............................... Census Designated Place Kipnuk.................................... Census Designated Place Kongiganak................................ Census Designated Place Kotlik.................................... Municipality Koyuk..................................... Municipality Kwigillingok.............................. Census Designated Place Levelock.................................. Census Designated Place Manokotak................................. Municipality Mekoryak.................................. Municipality Naknek.................................... Census Designated Place Napakiak.................................. Municipality Napaskiak................................. Municipality Newtok.................................... Census Designated Place Nightmute................................. Municipality Nome...................................... Municipality Oscarville................................ Census Designated Place Pilot Point............................... Municipality Platinum.................................. Municipality Port Heiden............................... Municipality Quinhagak................................. Municipality Scammon Bay............................... Municipality Shaktoolik................................ Municipality Sheldon Point (Nunam Iqua)................ Municipality Shishmaref................................ Municipality Solomon................................... Census Designated Place South Naknek.............................. Census Designated Place St. Michael............................... Municipality Stebbins.................................. Municipality Teller.................................... Municipality Togiak.................................... Municipality Toksook Bay............................... Municipality Tuntutuliak............................... Census Designated Place Tununak................................... Census Designated Place Twin Hills................................ Census Designated Place Ugashik................................... Census Designated Place Unalakleet................................ Municipality Wales..................................... Municipality White Mountain............................ Municipality ------------------------------------------------------------------------ (2) A person is eligible to harvest subsistence halibut if he or she is a member of an Alaska Native tribe with customary and traditional uses of halibut listed in the following table: Halibut Regulatory Area 2C ------------------------------------------------------------------------ Place with Tribal Headquarters Organized Tribal Entity ------------------------------------------------------------------------ Angoon.................................... Angoon Community Association Craig..................................... Craig Community Association Haines.................................... Chilkoot Indian Association Hoonah.................................... Hoonah Indian Association Hydaburg.................................. Hydaburg Cooperative Association Juneau.................................... Aukquan Traditional Council Central Council Tlingit and Haida Indian Tribes Douglas Indian Association Kake...................................... Organized Village of Kake Kasaan.................................... Organized Village of Kasaan Ketchikan................................. Ketchikan Indian Corporation Klawock................................... Klawock Cooperative Association Klukwan................................... Chilkat Indian Village Metlakatla................................ Metlakatla Indian Community, Annette Island Reserve Petersburg................................ Petersburg Indian Association Saxman.................................... Organized Village of Saxman Sitka..................................... Sitka Tribe of Alaska Skagway................................... Skagway Village Wrangell.................................. Wrangell Cooperative Association ------------------------------------------------------------------------ Halibut Regulatory Area 3A ------------------------------------------------------------------------ Place with Tribal Headquarters Organized Tribal Entity ------------------------------------------------------------------------ Akhiok.................................... Native Village of Akhiok Chenega Bay............................... Native Village of Chanega Cordova................................... Native Village of Eyak Karluk.................................... Native Village of Karluk Kenai-Soldotna............................ Kenaitze Indian Tribe Village of Salamatoff Kodiak City............................... Lesnoi Village (Woody Island) Native Village of Afognak Shoonaq' Tribe of Kodiak Larsen Bay................................ Native Village of Larsen Bay Nanwalek.................................. Native Village of Nanwalek Ninilchik................................. Ninilchik Village Old Harbor................................ Village of Old Harbor Ouzinkie.................................. Native Village of Ouzinkie Port Graham............................... Native Village of Port Graham Port Lions................................ Native Village of Port Lions Seldovia.................................. Seldovia Village Tribe Tatitlek.................................. Native Village of Tatitlek Yakutat................................... Yakutat Tlingit Tribe ------------------------------------------------------------------------ Halibut Regulatory Area 3B ------------------------------------------------------------------------ Place with Tribal Headquarters Organized Tribal Entity ------------------------------------------------------------------------ Chignik Bay............................... Native Village of Chignik Chignik Lagoon............................ Native Village of Chignik Lagoon Chignik Lake.............................. Chignik Lake Village False Pass................................ Native Village of False Pass Ivanof Bay................................ Ivanoff Bay Village King Cove................................. Agdaagux Tribe of King Cove Native Village of Belkofski Nelson Lagoon............................. Native Village of Nelson Lagoon Perryville................................ Native Village of Perryville Sand Point................................ Pauloff Harbor Village Native Village of Unga Qagan Toyagungin Tribe of Sand Point Village ------------------------------------------------------------------------ Halibut Regulatory Area 4A ------------------------------------------------------------------------ Place with Tribal Headquarters Organized Tribal Entity ------------------------------------------------------------------------ Akutan.................................... Native Village of Akutan Nikolski.................................. Native Village of Nikolski Unalaska.................................. Qawalingin Tribe of Unalaska ------------------------------------------------------------------------ Halibut Regulatory Area 4B ------------------------------------------------------------------------ Place with Tribal Headquarters Organized Tribal Entity ------------------------------------------------------------------------ Atka...................................... Native Village of Atka ------------------------------------------------------------------------ Halibut Regulatory Area 4C ------------------------------------------------------------------------ Place with Tribal Headquarters Organized Tribal Entity ------------------------------------------------------------------------ St. George................................ Pribilof Islands Aleut St. Paul.................................. Communities of St. Paul Island and St. George Island ------------------------------------------------------------------------ Halibut Regulatory Area 4D ------------------------------------------------------------------------ Place with Tribal Headquarters Organized Tribal Entity ------------------------------------------------------------------------ Gambell................................... Native Village of Gambell Savoonga.................................. Native Village of Savoonga Diomede (Inalik).......................... Native Village of Diomede (Inalik) ------------------------------------------------------------------------ Halibut Regulatory Area 4E ------------------------------------------------------------------------ Place with Tribal Headquarters Organized Tribal Entity ------------------------------------------------------------------------ Alakanuk.................................. Village of Alakanuk Aleknagik................................. Native Village of Aleknagik Bethel.................................... Orutsararmuit Native Village Brevig Mission............................ Native Village of Brevig Mission Chefornak................................. Village of Chefornak Chevak.................................... Chevak Native Village Clark's Point............................. Village of Clark's Point Council................................... Native Village of Council Dillingham................................ Native Village of Dillingham Native Village of Ekuk Native Village of Kanakanak Eek....................................... Native Village of Eek Egegik.................................... Egegik Village Village of Kanatak Elim...................................... Native Village of Elim Emmonak................................... Chuloonawick Native Village Emmonak Village Golovin................................... Chinik Eskimo Community Goodnews Bay.............................. Native Village of Goodnews Bay Hooper Bay................................ Native Village of Hooper Bay Native Village of Paimiut King Salmon............................... King Salmon Tribal Council Kipnuk.................................... Native Village of Kipnuk Kongiganak................................ Native Village of Kongiganak Kotlik.................................... Native Village of Hamilton Village of Bill Moore's Slough Village of Kotlik Koyuk..................................... Native Village of Koyuk Kwigillingok.............................. Native Village of Kwigillingok Levelock.................................. Levelock Village Manokotak................................. Manokotak Village Mekoryak.................................. Native Village of Mekoryak Naknek.................................... Naknek Native Village Napakiak.................................. Native Village of Napakiak Napaskiak................................. Native Village of Napaskiak Newtok.................................... Newtok Village Nightmute................................. Native Village of Nightmute Umkumiute Native Village Nome...................................... King Island Native Community Nome Eskimo Community Oscarville................................ Oscarville Traditional Village Pilot Point............................... Native Village of Pilot Point Platinum.................................. Platinum Traditional Village Port Heiden............................... Native Village of Port Heiden Quinhagak................................. Native Village of Kwinhagak Scammon Bay............................... Native Village of Scammon Bay Shaktoolik................................ Native Village of Shaktoolik Sheldon Point (Nuna Iqua)................. Native Village of Sheldon's Point Shishmaref................................ Native Village of Shishmaref Solomon................................... Village of Solomon South Naknek.............................. South Naknek Village St. Michael............................... Native Village of Saint Michael Stebbins.................................. Stebbins Community Association Teller.................................... Native Village of Mary's Igloo Native Village of Teller Togiak.................................... Traditional Village of Togiak Toksook Bay............................... Native Village of Toksook Bay Tuntutuliak............................... Native Village of Tuntutuliak Tununak................................... Native Village of Tununak Twin Hills................................ Twin Hills Village Ugashik................................... Ugashik Village Unalakleet................................ Native Village of Unalakleet Wales..................................... Native Village of Wales White Mountain............................ Native Village of White Mountain ------------------------------------------------------------------------ (g) Limitations on subsistence fishing. Subsistence fishing for halibut may be conducted only by persons who qualify for such fishing pursuant to paragraph (f) of this section and who hold a valid subsistence halibut registration certificate in that person's name issued by NMFS pursuant to paragraph (h) of this section, provided that such fishing is consistent with the following limitations. (1) Subsistence fishing is limited to setline gear and hand-held gear, including longline, handline, rod and reel, spear, jig and hand-troll gear. (i) Subsistence fishing gear set or retrieved from a vessel when fishing under a subsistence halibut registration certificate or a Community Harvest Permit (CHP) must not have more than 30 hooks per person registered in accordance with paragraph (h) of this section and on board the vessel and shall never exceed 3 times the per-person hook limit except that: (A) No hook limit applies in Areas 4C, 4D, and 4E; (B) In Area 2C, subsistence fishing gear set or retrieved from a vessel when persons are fishing under a subsistence halibut registration certificate must not have more than 30 hooks per vessel; (C) In Area 2C, subsistence fishing gear set or retrieved from a vessel when fishing under a Ceremonial or Educational Permit pursuant to paragraph (j) of this section must not have more than 30 hooks per vessel; and (D) In Area 2C within the Sitka LAMP from June 1 to August 31, setline gear may not be used in a 4 nautical mile radius extending south from Low Island at 57'00'42" N. lat., and 135'36'34" W. long. (see Figure 1 to Subpart E). (ii) All setline gear marker buoys carried on board or used by any vessel regulated under this section shall be marked with the following: first initial, last name, and address (street, city, and state), followed by the letter “S” to indicate that it is used to harvest subsistence halibut. (iii) Markings on setline marker buoys shall be in characters at least 4 inches (10.16 cm) in height and 0.5 inch (1.27 cm) in width in a contrasting color visible above the water line and shall be maintained so the markings are clearly visible. (2) The daily retention of subsistence halibut in rural areas is limited to no more than 20 fish per person eligible to conduct subsistence fishing for halibut under this paragraph (g) and on board the vessel, except that: (i) No daily retention limit applies in Areas 4C, 4D, and 4E; (ii) No daily retention limit applies to persons fishing under a community harvest permit (CHP) pursuant to paragraph (i) of this section; (iii) The total allowable harvest for persons fishing under a Ceremonial or Educational Permit pursuant to paragraph (j) of this section is 25 fish per permit; and (iv) In Area 2C the daily retention limit is 20 fish per vessel. (3) Subsistence fishing may be conducted in any waters in and off Alaska except for the following four non-rural areas defined as follows: (i) Ketchikan non-subsistence marine waters area in Commission regulatory area 2C (see Figure 2 to subpart E) is defined as those waters between a line from Caamano Point at 55°29.90' N. lat., 131°58.25' W. long. to Point Higgins at 55°27.42' N. lat., 131°50.00' W. long. and a point at 55°11.78' N. lat., 131°05.13' W. long., located on Point Sykes to a point at 55°12.22' N. lat., 131°05.70' W. long., located one-half mile northwest of Point Sykes to Point Alava at 55°11.54' N. lat., 131°11.00' W. long. and within one mile of the mainland and the Gravina and Revillagigedo Island shorelines, including within one mile of the Cleveland Peninsula shoreline and east of the longitude of Niblack Point at 132°07.23' W. long., and north of the latitude of the southernmost tip of Mary Island at 55°02.66' N. lat.; (ii) Juneau non-subsistence marine waters area in Commission regulatory area 2C (see Figure 3 to subpart E) is defined as those waters of Stephens Passage and contiguous waters north of the latitude of Midway Island Light (57°50.21' N. lat.), including the waters of Taku Inlet, Port Snettisham, Saginaw Channel, and Favorite Channel, and those waters of Lynn Canal and contiguous waters south of the latitude of the northernmost entrance of Berners Bay (58°43.07' N. lat.), including the waters of Berners Bay and Echo Cove, and those waters of Chatham Strait and contiguous waters north of the latitude of Point Marsden (58°03.42' N. lat.), and east of a line from Point Couverden at 58°11.38' N. lat., 135°03.40' W. long., to Point Augusta at 58°02.38' N. lat., 134°57.11' W. long.; (iii) The Anchorage-Matsu-Kenai non-subsistence marine waters area in Commission Regulatory Area 3A (see Figure 4 to subpart E) is defined as: (A) All waters of Cook Inlet north of a line extending from the westernmost point of Hesketh Island at 59°30.40' N. lat., except those waters within mean lower low tide from a point one mile south of the southern edge of the Chuitna River (61°05.00' N. lat., 151°01.00' W. long.) south to the easternmost tip of Granite Point (61°01.00' N. lat., 151°23.00' W. long.) (Tyonek subdistrict); and (B) All waters of Alaska south of 59°30.40' N. lat. on the western shore of Cook Inlet to Cape Douglas (58°51.10' N. lat.) and in the east to Cape Fairfield (148°50.25' W. long.), except those waters of Alaska west of a line from the easternmost point of Jakolof Bay (151°31.90' W. long.), and following the shore to a line extending south from the easternmost point of Rocky Bay (151°18.41' W. long.); and (iv) Valdez non-subsistence marine waters area Commission regulatory area 3A (see Figure 5 to subpart E) is defined as the waters of Port Valdez and Valdez Arm located north of 61°02.24' N. lat., and east of 146°43.80' W. long. (4) Waters in and off Alaska that are not specifically identified as non-rural in paragraph (g)(3) of this section are rural for purposes of subsistence fishing for halibut. Subsistence fishing may be conducted in any rural area by any person with a valid subsistence halibut registration certificate in his or her name issued by NMFS under paragraph (h) of this section, except that: (i) A person who is not a rural resident but who is a member of an Alaska Native tribe that is located in a rural area and that is listed in the table in paragraph (f)(2) of this section is limited to conducting subsistence fishing for halibut only in his or her area of tribal membership. (ii) A person who is a resident outside the State of Alaska but who is a member of an Alaska Native tribe that is located in a rural area and that is listed in the table in paragraph (f)(2) of this section is limited to conducting subsistence fishing for halibut only in his or her area of tribal membership. (iii) For purposes of this paragraph, “area of tribal membership” means rural areas of the Commission regulatory area or the Bering Sea closed area in which the Alaska Native tribal headquarters is located. (h) Subsistence registration. A person must register as a subsistence halibut fisher and possess a valid subsistence halibut registration certificate in his or her name issued by NMFS before he or she begins subsistence fishing for halibut in waters in and off Alaska. (1) A subsistence halibut registration certificate will be issued to any person who registers according to paragraph (h)(2) of this section and who is qualified to conduct subsistence fishing for halibut according to paragraph (f) of this section. The Alaska Region, NMFS, may enter into cooperative agreements with Alaska Native tribal governments or their representative organizations for purposes of identifying persons qualified to conduct subsistence fishing for halibut according to paragraph (f) of this section. (2) Registration. To register as a subsistence halibut fisher, a person may request a cooperating Alaska Native tribal government or other entity designated by NMFS to submit an application on his or her behalf to the Alaska Region, NMFS. Alternatively, a person may apply by submitting a completed application to the Alaska Region, NMFS. Applications must be mailed to: Restricted Access Management Program, NMFS, Alaska Region, PO Box 21668, Juneau, AK 99802–1668. The following information is required to be submitted with the application: (i) For a Rural Resident Registration, the person must submit his or her full name, date of birth, mailing address (number and street, city and state, zip code), community of residence (the rural community or residence from 50 CFR 300.65(f)(1) that qualifies the fisher as eligible to fish for subsistence halibut), daytime telephone number, certification that he or she is a “rural resident” as that term is defined at §300.61, and signature and date of signature. (ii) For an Alaska Native Tribal Registration, the person must submit his or her full name, date of birth, mailing address (number and street, city and state, zip code), Alaska Native tribe (the name of the Alaska Native Tribe from 50 CFR 300.65(f)(2) that qualifies the fisher as eligible to fish for subsistence halibut), daytime telephone number, certification that he or she is a member of an “Alaska Native tribe” as that term is defined at §300.61, and signature and date of signature. (3) Expiration of registration. Each subsistence halibut registration certificate will be valid only for the period of time specified on the certificate. A person eligible to harvest subsistence halibut under paragraph (f) of this section may renew his or her registration certificate that is expired or will expire within 3 months by following the procedures described in paragraph (h)(2) of this section. A subsistence halibut registration certificate will expire: (i) 2 years from the date of its issuance to a person eligible to harvest subsistence halibut under paragraph (f)(1) of this section, and (ii) 4 years from the date of its issuance to a person eligible to harvest subsistence halibut under paragraph (f)(2) of this section. (i) Community Harvest Permit (CHP). An Area 2C community or Alaska Native tribe listed in paragraphs (f)(1) or (f)(2) of this section may apply for a CHP, which allows a community or Alaska Native tribe to appoint one or more individuals from its respective community or Alaska Native tribe to harvest subsistence halibut from a single vessel under reduced gear and harvest restrictions. The CHP consists of a harvest log and up to five laminated permit cards. A CHP is a permit subject to regulation under §679.4(a) of this title. (1) Qualifications. (i) NMFS may issue a CHP to any community or Alaska Native tribe that applies according to paragraph (i)(2) of this section and that is qualified to conduct subsistence fishing for halibut according to paragraph (f) of this section. (ii) NMFS will issue a CHP to a community in Area 2C only if: (A) The applying community is listed as eligible in Area 2C according to paragraph (f)(1) of this section; and (B) No Alaska Native tribe listed in paragraph (f)(2) exists in that community. (iii) NMFS will issue a CHP to an Alaska Native tribe in Area 2C only if the applying tribe is listed as eligible in Area 2C according to paragraph (f)(2) of this section. (iv) Eligible communities or Alaska Native tribes may appoint only one CHP Coordinator per community or tribe. (2) Application. A community or Alaska Native tribe may apply for a CHP by submitting an application to the Alaska Region, NMFS. Applications must be mailed to: Restricted Access Management Program, NMFS, Alaska Region, P.O. Box 21668, Juneau, AK 99802–1668. A complete application must include: (i) The name of the community or Alaska Native tribe requesting the CHP; (ii) The full name of the person who is designated as the CHP Coordinator for each community or Alaska Native tribe, the designated CHP Coordinator's mailing address (number and street, city, state, and zip code), community of residence (the rural community or residence from paragraph (f)(1) of this section) or the Alaska Native tribe if applicable (as indicated in paragraph (f)(2) of this section), and the daytime telephone number; and (iii) Any previously issued CHP harvest logs. (3) Restrictions. Subsistence fishing for halibut under a CHP shall be valid only: (i) In Area 2C, except that a CHP may not be used: (A) Within the Sitka LAMP defined in paragraph (d) of this section (see Figure 1 to subpart E); or (B) Within the Juneau and Ketchikan non-rural areas defined in paragraph (g) of this section (see Figures 2 and 3 to subpart E); (ii) To persons in possession of a valid subsistence halibut registration certificate issued in accordance with paragraph (h) of this section for the same community or Alaska Native tribe listed on the CHP; (iii) On a single vessel on which a CHP card is present; and (iv) If subsistence fishing gear set or retrieved from a vessel on which the CHP card is present does not exceed the restrictions of paragraph (g) of this section. (4) Expiration of permit. Each CHP will be valid only for the period of time specified on the permit. A CHP will expire one year from the date of issuance to a community or Alaska Native tribe eligible to harvest halibut under paragraph (f) of this section. A community or Alaska Native tribe eligible to harvest subsistence halibut under paragraph (f) of this section may renew its CHP that is expired or will expire within three months by following the procedures described in paragraph (i)(2) of this section. (5) Duties of the CHP coordinator. Each CHP Coordinator must ensure: (i) The designated harvesters who may fish under the CHP are identified on the Community Harvest Permit harvest log when the CHP is issued to the designated harvesters; (ii) The CHP remains in the possession of the CHP Coordinator or other tribal or government authority when not in use and is issued to the designated harvesters when necessary; and (iii) All required recordkeeping and data reporting of subsistence harvests under the CHP are performed. (6) Harvest log submission. Each Community Harvest Permit harvest log must be submitted to NMFS on or before the date of expiration by facsimile or mail. Harvest logs must be mailed to RAM at the address given in paragraph (i)(2) of this section or faxed to 907–586–7354. The log must provide information on: (i) The subsistence fisher's identity including his or her full name, subsistence halibut registration certificate number, date of birth, mailing address (number and street, city, state, and zip code), community of residence, daytime phone number, and tribal identity (if appropriate); and (ii) The subsistence halibut harvest including whether the participant fished for subsistence halibut during the period specified on the permit, and if so, the date harvest occurred, the number and weight (in pounds) of halibut harvested, the type of gear and number of hooks used, the Commission regulatory area and local water body from which the halibut were harvested, and the number of lingcod and rockfish caught while subsistence fishing for halibut. (j) Ceremonial Permit or Educational Permit. An Area 2C or Area 3A Alaska Native tribe that is listed in paragraph (f)(2) of this section may apply for a Ceremonial or Educational Permit, allowing the tribe to harvest up to 25 halibut per permit issued. The Ceremonial and Educational Permits each consist of a harvest log and a single laminated permit card. Ceremonial and Educational Permits are permits subject to regulation under §679.4(a)of this title. (1) Qualifications. (i) NMFS may issue a Ceremonial or Educational Permit to any Alaska Native tribe that completes an application according to paragraph (j)(2) of this section and that is qualified to conduct subsistence fishing for halibut according to paragraph (f)(2) of this section. (ii) Eligible Alaska Native tribes may appoint only one Ceremonial Permit Coordinator per tribe. (iii) Eligible educational programs may appoint only one authorized Instructor per Educational Permit. (2) Application. An Alaska Native tribe may apply for a Ceremonial or Educational Permit by submitting an application to the Alaska Region, NMFS. Applications must be mailed to: Restricted Access Management Program, NMFS, Alaska Region, P.O. Box 21668, Juneau, AK 99802–1668. (i) A complete application must include: (A) The name of the Alaska Native tribe requesting the Ceremonial or Educational Permit; (B) The name of the person designated as the Ceremonial Permit Coordinator for each Alaska Native tribe or the name of the person designated as the Instructor for an Educational Permit, the Ceremonial Permit Coordinator or Instructor's mailing address (number and street, city, state, and zip code), and the daytime telephone number; (C) Any previously issued Ceremonial Permit harvest logs from any expired Ceremonial Permit if applying for a Ceremonial Permit; and (D) Any previously issued Educational Permit harvest logs from any expired Educational Permit if applying for a Educational Permit. (ii) NMFS will issue a Ceremonial Permit for the harvest of halibut associated with traditional cultural events only if the application: (A) Indicates the occasion of cultural or ceremonial significance; and (B) Identifies the person designated by the eligible Alaska Native tribe as the Ceremonial Permit Coordinator. (iii) NMFS will issue an Educational Permit only if the application: (A) Includes the name and address of the educational institution or organization; (B) Includes the instructor's name; (C) Demonstrates the enrollment of qualified students; (D) Describes minimum attendance requirements of the educational program; and (E) Describes standards for the successful completion of the educational program. (3) Restrictions. Subsistence fishing for halibut under Ceremonial or Educational Permits shall be valid only: (i) In Area 3A, except in the Anchorage-Matsu-Kenai and Valdez non-rural areas defined in paragraph (g) of this section (see Figures 4 and 5 to subpart E); (ii) In Area 2C, except in the Juneau and Ketchikan non-rural areas defined in paragraph (g) of this section (see Figures 2 and 3 to subpart E) and a Ceremonial Permit may not be used within the Sitka LAMP from June 1 through August 31; (iii) On a single vessel on which the Ceremonial or Educational Permit card is present; (iv) On the vessel on which the instructor is present for Educational Permits; (v) To persons in possession of a valid subsistence halibut registration certificate issued in accordance with paragraph (h) of this section for the same Alaska Native tribe listed on the Ceremonial or Educational Permit, except that students enrolled in an educational program may fish under an Educational Permit without a subsistence halibut registration certificate; and (vi) If subsistence fishing gear set or retrieved from a vessel on which the Ceremonial or Educational Permit card is present does not exceed the restrictions of paragraph (g) of this section. (4) Expiration of permits. Each Ceremonial or Educational Permit will be valid only for the period of time specified on the permit. Ceremonial and Educational Permits will expire 30 days from the date of issuance to an Alaska Native tribe eligible to harvest halibut under paragraph (f)(2) of this section. A tribe eligible to harvest subsistence halibut under paragraph (f)(2) of this section may apply for additional Ceremonial or Educational Permits at any time. (5) Duties of Ceremonial Permit Coordinators and Instructors. Each Ceremonial Permit Coordinator or Instructor must ensure: (i) The designated harvesters or students who may fish under the Ceremonial or Educational Permit are identified on the Ceremonial/Educational Permit harvest log when the permit is used; (ii) The Ceremonial Permit remains in the possession of the Ceremonial Permit Coordinator or other tribal authority when not in use and is issued to designated harvesters when necessary; and (iii) All required recordkeeping and data reporting of subsistence harvests under the Ceremonial or Educational Permit are performed. (6) Harvest log submission. Submission of a Ceremonial or Educational Permit log shall be required upon the expiration of each permit and must be received by Restricted Access Management within 15 days of the expiration by facsimile or mail. Harvest logs must be mailed to RAM at the address given in paragraph (j)(2) of this section or faxed to 907–586–7354. The log must provide information on: (i) The subsistence fisher's identity including his or her full name, subsistence halibut registration certificate number if applicable (students do not need a SHARC), date of birth, mailing address (number and street, city, state, and zip code), community of residence, daytime phone number, and tribal identity; (ii) The subsistence halibut harvest including whether the participant fished for subsistence halibut during the period indicated on the permit, and if so, the date when harvest occurred, the number and weight (in pounds) of halibut harvested, the type of gear and number of hooks used, the Commission regulatory area and local water body from which the halibut were harvested, and the number of lingcod and rockfish caught while subsistence fishing for halibut. (k) Appeals. If Restricted Access Management (RAM) determines that an application is deficient, it will prepare and send an Initial Administrative Determination (IAD) to the applicant. The IAD will indicate the deficiencies in the application or any additional provided information. An applicant who receives an IAD may appeal RAM's findings pursuant to §679.43 of this title. [68 FR 18156, Apr. 15, 2003, as amended at 68 FR 47264, Aug. 8, 2003; 70 FR 16751, Apr. 1, 2005; 70 FR 41160, July 18, 2005] § 300.66 Prohibitions. top In addition to the general prohibitions specified in 50 CFR 300.4, it is unlawful for any person to do any of the following: (a) Fish for halibut except in accordance with the annual management measures published pursuant to 50 CFR 300.62. (b) Fish for halibut except in accordance with the catch sharing plans and domestic management measures implemented under 50 CFR 300.63 and 50 CFR 300.65. (c) Fish for halibut in Sitka Sound in violation of the Sitka Sound LAMP implemented under 50 CFR 300.65(d). (d) Fish for halibut or anchor a vessel with halibut on board within the Sitka Pinnacles Marine Reserve defined at 50 CFR 300.65(e). (e) Fish for subsistence halibut in and off Alaska unless the person is qualified to do so under §300.65(f), possesses a valid subsistence halibut registration certificate pursuant to §300.65(h), and makes this certificate available for inspection by an authorized officer on request, except that students enrolled in a valid educational program and fishing under an Educational Permit issued pursuant to §300.65(j) do not need a subsistence halibut registration certificate. (f) Fish for subsistence halibut in and off Alaska with gear other than that described at 50 CFR 300.65(g)(1) and retain more halibut than specified at 50 CFR 300.65(g)(2). (g) Fish for subsistence halibut in and off Alaska in a non-rural area specified at 50 CFR 300.65(g)(3). (h) Retain on board the harvesting vessel halibut harvested while subsistence fishing with halibut harvested while commercial fishing or from sport fishing, as defined at §300.61(b), except that persons authorized to conduct subsistence fishing under §300.65(f), and who land their total annual harvest of halibut: (1) In Commission regulatory Areas 4D or 4E may retain, with harvests of Community Development Quota (CDQ) halibut, subsistence halibut harvested in Commission regulatory areas 4D or 4E that are smaller than the size limit specified in the annual management measures published pursuant to §300.62; or (2) In Commission regulatory Areas 4C, 4D or 4E may retain, with harvests of CDQ halibut, subsistence halibut harvested in Commission regulatory areas 4C, 4D or 4E that are equal to or greater than the size limit specified in the annual management measures published pursuant to §300.62. (i) Retain subsistence halibut that were harvested using a charter vessel. (j) Retain or possess subsistence halibut for commercial purposes, cause subsistence halibut to be sold, bartered or otherwise enter commerce or solicit exchange of subsistence halibut for commercial purposes, except that a person who qualified to conduct subsistence fishing for halibut under 50 CFR 300.65(f), and who holds a subsistence halibut registration certificate in the person's name under 50 CFR 300.65(h) may engage in the customary trade of subsistence halibut through monetary exchange of no more than $400 per year. (k) Retain subsistence halibut harvested under a CHP, Ceremonial Permit, or Educational Permit together in any combination or with halibut harvested under any other license or permit. (l) Fillet, mutilate, or otherwise disfigure subsistence halibut in any manner that prevents the determination of the number of fish caught, possessed, or landed. [68 FR 18156, Apr. 15, 2003, as amended at 70 FR 16754, Apr. 1, 2005] Figure 1 to Subpart E—Sitka Local Area Management Plan top View or download PDF Figure 2 to Subpart E—Ketchikan Non-Rural Area top View or download PDF Figure 3 to Subpart E—Juneau Non-Rural Area top View or download PDF Figure 4 to Subpart E—Anchorage-Matsu-Kenai Non-Rural Area top View or download PDF Figure 5 to Subpart E—Valdez Non-Rural Area top View or download PDF [64 FR 52471, Sept. 29, 1999; 66 FR 36208, July 11, 2001, as amended at 68 FR 23361, May 1, 2003; 70 FR 41160, July 18, 2005] Subpart F—Fraser River Sockeye and Pink Salmon Fisheries top Authority: Pacific Salmon Treaty Act, 16 U.S.C. 3636(b). § 300.90 Purpose and scope. top This subpart implements the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631–3644) (Act) and is intended to supplement, not conflict with, the fishery regimes and Fraser River Panel regulations adopted under the Treaty between the Government of the United States of America and the Government of Canada Concerning Pacific Salmon, signed at Ottawa, January 28, 1985 (Treaty). § 300.91 Definitions. top In addition to the terms defined in §300.2 and those in the Act and the Treaty, the terms used in this subpart have the following meanings. If a term is defined differently in §300.2, the Act, or the Treaty, the definition in this section shall apply. All-citizen means any person who is not a treaty Indian fishing in that treaty Indian's tribal treaty fishing places pursuant to treaty Indian tribal fishing regulations (whether in compliance with such regulations or not). Authorized officer means, in addition to those individuals identified under authorized officer at §300.2, any state, Federal, or other officer as may be authorized by the Secretary in writing, including any treaty Indian tribal enforcement officer authorized to enforce tribal fishing regulations. Commission means the Pacific Salmon Commission established by the Pacific Salmon Treaty. Consistent regulation or consistent order means any Federal, state, or treaty Indian tribal regulation or order that is in addition to and not in conflict with (at least as restrictive as) any regime of the Commission, Fraser River Panel regulation, inseason order of the Secretary, or these regulations. Fishing gear— (1) Gill net means a fishing net of single web construction, not anchored, tied, staked, placed, or weighted in such a manner that it cannot drift. (2) Purse seine means all types of fishing gear consisting of a lead line, cork line, auxiliary lines, purse line and purse rings and of mesh net webbing fashioned in such a manner that it is used to encircle fish, and in addition prevent their escape under the bottom or lead line of the net by drawing in the bottom of the net by means of the purse line so that it forms a closed bag. (3) Reef net means a non-self-fishing open bunt square or rectangular section of mesh netting suspended between two anchored boats fashioned in such a manner that to impound salmon passing over the net, the net must be raised to the surface. (4) Troll fishing gear means one or more lines that drag hooks with bait or lures behind a moving fishing vessel. (5) Treaty Indian fishing gear means fishing gear defined authorized, and identified under treaty Indian tribal laws and regulations in accordance with the requirements of Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974). Fraser River Panel means the Fraser River Panel established by the Pacific Salmon Treaty. Fraser River Panel Area (U.S.) means the United States' portion of the Fraser River Panel Area specified in Annex II of the Treaty as follows: (1) The territorial water and the high seas westward from the western coast of Canada and the United States of America and from a direct line drawn from Bonilla Point, Vancouver Island, to the lighthouse of Tatoosh Island, Washington—which line marks the entrance of Juan de Fuca Strait—and embraced between 48° and 49° N. lat., excepting therefrom, however, all the waters of Barkley Sound, eastward of a straight line drawn from Amphitrite Point to Cape Beale and all the waters of Nitinat Lake and the entrance thereto. (2) The waters included within the following boundaries: Beginning at Bonilla Point, Vancouver Island, thence along the aforesaid direct line drawn from Bonilla Point to Tatoosh Lighthouse, Washington, described in paragraph (1) of this definition, thence to the nearest point of Cape Flattery, thence following the southerly shore of Juan de Fuca Strait to Point Wilson, on Whidbey Island, thence following the western shore of the said Whidbey Island, to the entrance to Deception Pass, thence across said entrance to the southern side of Reservation Bay, on Fidalgo Island, thence following the western and northern shore line of the said Fidalgo Island to Swinomish Slough, crossing the said Swinomish Slough, in line with the track of the Great Northern Railway (Burlington Northern Railroad), thence northerly following the shoreline of the mainland to Atkinson Point at the northerly entrance to Burrard Inlet, British Columbia, thence in a straight line to the southern end of Bowen Island, then westerly following the southern shore of Bowen Island to Cape Roger Curtis, thence in a straight line to Gower Point, thence westerly following the shoreline to Welcome Point on Sechelt Peninsula, thence in a straight line to Point Young on Lasqueti Island, thence in a straight line to Dorcas Point on Vancouver Island, thence following the eastern and southern shores of the said Vancouver Island, to the starting point at Bonilla Point, as shown on the British Admiralty Chart Number 579, and on the U.S. Coast and Geodetic Survey Chart Number 6300, as corrected to March 14, 1930, copies of which are annexed to the 1930 Convention between Canada and the United States of America for Protection, Preservation, and Extension of the Sockeye Salmon Fishery in the Fraser River System as amended, signed May 26, 1930. [Note: U.S. Coast and Geodetic Survey Chart Number 6300 has been replaced and updated by NOAA Chart Number 18400.] (3) The Fraser River and the streams and lakes tributary thereto. (4) The Fraser River Panel Area (U.S.) includes Puget Sound Management and Catch Reporting Areas 4B, 5, 6, 6A, 6B, 6C, 6D, 7, 7A, 7B, 7C, 7D, and 7E as defined in the Washington State Administrative Code at Chapter 220–22 as of June 27, 1986. Fraser River Panel regulations means regulations applicable to the Fraser River Panel Area that are recommended by the Commission (on the basis of proposals made by the Fraser River Panel) and approved by the Secretary of State. Mesh size means the distance between the inside of one knot to the outside of the opposite (vertical) knot in one mesh of a net. Pink salmon means Oncorhynchus gorbuscha. Sockeye salmon means the anadromous form of Oncorhynchus nerka. Treaty fishing places (of an Indian tribe) means locations within the Fraser River Panel Area (U.S.) as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash. 1974), to be places at which that treaty Indian tribe may take fish under rights secured by treaty with the United States. Treaty Indian means any member of a treaty Indian tribe whose treaty fishing place is in the Fraser River Panel Area (U.S.) or any assistant to a treaty Indian authorized to assist in accordance with §300.95(d). Treaty Indian tribe means any of the federally recognized Indian tribes of the State of Washington having fishing rights secured by treaty with the United States to fish for salmon stocks subject to the Pacific Salmon Treaty in treaty fishing places within the Fraser River Panel Area (U.S.). Currently these tribes are the Makah, Tribe, Lower Elwha Klallam Tribe, Port Gamble Klallam Tribe, Jamestown Klallam Tribe, Suquamish Tribe, Lummi Tribe, Nooksack Tribe, the Swinomish Indian Tribal Community, and the Tulalip Tribe. § 300.92 Relation to other laws. top (a) Insofar as they are consistent with this part, any other applicable Federal law or regulation, or any applicable law and regulations of the State of Washington or of a treaty Indian tribe with treaty fishing rights in the Fraser River Panel Area (U.S.) will continue to have force and effect in the Fraser River Panel Area (U.S.) with respect to fishing activities addressed herein. (b) Any person fishing subject to this subpart is bound by the international boundaries now recognized by the United States within the Fraser River Panel Area (U.S.) described in §300.91, notwithstanding any dispute or negotiation between the United States and Canada regarding their respective jurisdictions, until such time as different boundaries are published by the United States. (c) Any person fishing in the Fraser River Panel Area (U.S.) who also fishes for groundfish in the EEZ should consult Federal regulations at part 663 of this title for applicable requirements, including the requirement that vessels engaged in commercial fishing for groundfish (except commercial passenger vessels) have vessel identification in accordance with §663.6. Federal regulations governing salmon fishing in the EEZ, which includes a portion of the Fraser River Panel Area (U.S.), are at part 661 of this title. Annual regulatory modifications are published in the Federal Register. (d) Except as otherwise provided in this subpart, general provisions governing off-reservation fishing by treaty Indians are found at 25 CFR part 249, subpart A. Additional general and specific provisions governing treaty Indian fisheries are found in regulations and laws promulgated by each treaty Indian tribe for fishermen fishing pursuant to tribal authorization. (e) Nothing in this subpart relieves a person from any other applicable requirements lawfully imposed by the United States, the State of Washington, or a treaty Indian tribe. § 300.93 Reporting requirements. top Any person fishing for sockeye or pink salmon within the Fraser River Panel Area (U.S.) and any person receiving or purchasing fish caught by such persons are subject to State of Washington reporting requirements at Washington Administrative Code, Chapter 220–69. Treaty Indian fishermen are subject also to tribal reporting requirements. No separate Federal reports are required. § 300.94 Prohibitions and restrictions. top In addition to the prohibitions in §300.4, the following prohibitions and restrictions apply. (a) In addition to the prohibited acts set forth in the Act at 16 U.S.C. 3637(a), the following restrictions apply to sockeye and pink salmon fishing in the Fraser River Panel Area (U.S.): (1) The Fraser River Panel Area (U.S.) is closed to sockeye and pink salmon fishing, unless opened by Fraser River Panel regulations or by inseason orders of the Secretary issued under §300.97 that give effect to orders of the Fraser River Panel, unless such orders are determined not to be consistent with domestic legal obligations. Such regulations and inseason orders may be further implemented by regulations promulgated by the United States, the State of Washington, or any treaty Indian tribe, which are also consistent with domestic legal obligations. (2) It is unlawful for any person or fishing vessel subject to the jurisdiction of the United States to fish for, or take and retain, any sockeye or pink salmon: (i) Except during times or in areas that are opened by Fraser River Panel regulations or by inseason order, except that this provision will not prohibit the direct transport of legally caught sockeye or pink salmon to offloading areas. (ii) By means of gear or methods not authorized by Fraser River Panel regulations, inseason orders, or other applicable Federal, state, or treaty Indian tribal law. (iii) In violation of any applicable area, season, species, zone, gear, or mesh size restriction. (b) It is unlawful for any person or fishing vessel subject to the jurisdiction of the United States to— (1) Remove the head of any sockeye or pink salmon caught in the Fraser River Panel Area (U.S.), or possess a salmon with the head removed, if that salmon has been marked by removal of the adipose fin to indicate that a coded wire tag has been implanted in the head of the fish. (2) Fail to permit an authorized officer to inspect a record or report required by the State of Washington or treaty Indian tribal authority. (c) Notwithstanding paragraph (a) of this section, nothing in this subpart will be construed to prohibit the retention of sockeye or pink salmon caught by any person while lawfully engaged in a fishery for subsistence or ceremonial purposes pursuant to treaty Indian tribal regulations, for recreational purposes pursuant to recreational fishing regulations promulgated by the State of Washington, or as otherwise authorized by treaty Indian tribal or State of Washington law or regulation, provided that such treaty Indian tribal or State regulation is consistent with U.S.-approved Commission fishery regimes, Fraser River Panel regulations, or inseason orders of the Secretary applicable to fishing in the Fraser River Panel Area (U.S.). (d) The following types of fishing gear are authorized, subject to the restrictions set forth in this subpart and according to the times and areas established by Fraser River Panel regulations or inseason orders of the Secretary: (1) All citizens: Gill net, purse seine, reef net, and troll fishing gear. Specific restrictions on all citizens gear are contained in the Washington State Administrative Code of Chapter 220–47. (2) Treaty Indians: Treaty Indian fishing gear. (e) Geographic descriptions of Puget Sound Salmon Management and Catch Reporting Areas, which are referenced in the Commission's regimes, Fraser River Panel regulations, and in inseason orders of the Secretary, are found in the Washington State Administrative Code at Chapter 220–22. § 300.95 Treaty Indian fisheries. top (a) Any treaty Indian must comply with this section when fishing for sockeye and pink salmon at the treaty Indian tribe's treaty fishing places in the Fraser River Panel Area (U.S.) during the time the Commission or the Secretary exercises jurisdiction over these fisheries. Fishing by a treaty Indian outside the applicable Indian tribe's treaty fishing places will be subject to the Fraser River Panel regulations and inseason orders applicable to all citizens, as well as to the restrictions set forth in this section. (b) Nothing in this section will relieve a treaty Indian from any applicable law or regulation imposed by a treaty Indian tribe, or from requirements lawfully imposed by the United States or the State of Washington in accordance with the requirements of Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974). (c) Identification. (1) Any treaty Indian fishing under the authority of this subpart must have in his or her possession at all times while fishing or engaged in any activity related to fishing the treaty Indian identification required by 25 CFR 249.3 or by applicable tribal law. (2) Any person assisting a treaty Indian under the authority of paragraph (d) of this section must have in his or her possession at all such times a valid identification card issued by the Bureau of Indian Affairs or by a treaty Indian tribe, identifying the holder as a person qualified to assist a treaty Indian. The identification card must include the name of the issuing tribe, the name, address, date of birth, and photograph of the assistant, and the name and identification number of the treaty Indian whom the assistant is authorized to assist. (3) Identification described in paragraph (c) (1) or (2) of this section must be shown on demand to an authorized officer by the treaty Indian or authorized assistant. (4) Any treaty Indian fishing under this subpart must comply with the treaty Indian vessel and gear identification requirements of Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974). (d) Fishing assistance. (1) Any member of a treaty Indian tribe fishing under this subpart may, if authorized by the treaty Indian's tribe, receive fishing assistance from, and only from, the treaty Indian tribal member's spouse, forebears, children, grandchildren, and siblings, as authorized by the U.S. District Court for the Western District of Washington in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974). For purposes of this section, the treaty Indian tribal member whom the assistant is authorized to assist must be present aboard the fishing vessel at all times while engaged in the exercise of treaty Indian fishing rights subject to this subpart. (2) No treaty Indian may, while fishing at a treaty fishing place in accordance with treaty-secured fishing rights, permit any person 16 years of age or older other than the authorized holder of a currently valid identification card issued in accordance with the requirements of paragraphs (c) (1) and (2) of this section to fish for said treaty Indian, assist said treaty Indian in fishing, or use any gear or fishing location identified as said treaty Indian's gear or location. (3) Treaty Indians are prohibited from participating in a treaty Indian fishery under this section at any time persons who are not treaty Indians are aboard the fishing vessel or in contact with fishing gear operated from the fishing vessel, unless such persons are authorized employees or officers of a treaty Indian tribe or tribal fisheries management organization, the Northwest Indian Fisheries Commission, the Commission, or a fisheries management agency of the United States or the State of Washington. § 300.96 Penalties. top Any treaty Indian who commits any act that is unlawful under this subpart normally will be referred to the applicable tribe for prosecution and punishment. If such tribe fails to prosecute such persons in a diligent manner for the offense(s) referred to the tribe, or if other good cause exists, such treaty Indian may be subject to the penalties and procedures described in the Magnuson Act. § 300.97 Inseason orders. top (a) During the fishing season, the Secretary may issue orders that establish fishing times and areas consistent with the annual Commission regime and inseason orders of the Fraser River Panel. Inseason orders will be consistent with domestic legal obligations. Violation of such inseason orders is violation of this subpart. (b) Notice of inseason orders. (1) Official notice of such inseason orders is available from NMFS (for orders applicable to all-citizen fisheries) and from the Northwest Indian Fisheries Commission (for orders applicable to treaty Indian fisheries) through the following Area Code 206 toll-free telephone hotlines: All-citizen fisheries: 1–800–562–6513; Treaty Indian fisheries: 1–800–562–6142. (2) Notice of inseason orders of the Secretary and other applicable tribal regulations may be published and released according to tribal procedures in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974). (3) Inseason orders may also be communicated through news releases to radio and television stations and newspapers in the Fraser River Panel Area (U.S.). (4) Inseason orders of the Secretary will also be published in the Federal Register as soon as practicable after they are issued. Subpart G—Antarctic Marine Living Resources top Authority: 16 U.S.C. 2431 et seq. § 300.100 Purpose and scope. top (a) This subpart implements the Antarctic Marine Living Resources Convention Act of 1984 (Act). (b) This subpart regulates— (1) The harvesting of Antarctic marine living resources or other associated activities by any person subject to the jurisdiction of the United States or by any vessel of the United States. (2) The importation into the United States of any Antarctic marine living resource. § 300.101 Definitions. top In addition to the terms defined in §300.2, in the Act, and in the Convention on the Conservation of Antarctic Marine Living Resources, done at Canberra, Australia, May 7, 1980 (Convention). Convention, the terms used in this subpart have the following meanings. If a term is defined differently in §300.2, such Act, or such Convention, the definition in this section shall apply. ACA means the Antarctic Conservation Act of 1978 (16 U.S.C. 2401 et seq.). Antarctic convergence means a line joining the following points along the parallels of latitude and meridians of longitude: Lat. Long. 50° S. 0. 50° S. 30° E. 45° S. 30° E. 45° S. 80° E. 55° S. 80° E. 55° S. 150° E. 60° S. 150° E. 60° S. 50° W. 50° S. 50° W. 50° S. 0. Antarctic finfishes include the following: ------------------------------------------------------------------------ Scientific name Common name ------------------------------------------------------------------------ Gobionotothen gibberifrons................ Humped rockcod. Notothenia rossii......................... Marbled rockcod. Lepidorhirus squamifrons.................. Grey rockcod. Lepidonotothen kempi...................... Striped-eyed rockcod. Dissostichus eleginoides.................. Patagonian toothfish. Dissostichus mawsoni...................... Antarctic toothfish. Electrona carlsbergi...................... Lanternfish. Patagonothen brevicauda guntheri.......... Patagonian rockcod. Pleuragramma antarcticum.................. Antarctic silverfish. Trematomus spp............................ Antarctic cods. Chaenocephalus aceratus................... Blackfin icefish. Chaenodraco wilsoni....................... Spiny icefish. Champsocephalus gunnari................... Mackerel icefish. Chionodraco rastrospinosus................ Ocellated icefish. Pseudochaenichthys georgianus............. South Georgia icefish. ------------------------------------------------------------------------ Antarctic marine living resources or AMLR(s) means: (1) The populations of finfish, mollusks, crustaceans, and all other species of living organisms, including birds, found south of the Antarctic Convergence; (2) All species of Dissostichus, wherever found; and (3) All parts or products of those populations and species set forth in paragraphs (1) and (2) of this definition. Commission means the Commission for the Conservation of Antarctic Marine Living Resources established under Article VII of the Convention. Convention waters means all waters south of the Antarctic Convergence. Dealer means the person who first receives AMLRs from a harvesting vessel or transshipment vessel or who imports AMLRs into, or re-exports AMLRs from, the United States. Directed fishing, with respect to any species or stock of fish, means any fishing that results in such fish comprising more than 1 percent by weight, at any time, of the catch on board the vessel. Dissostichus catch document (DCD) means the uniquely numbered catch documentation form approved by the Commission and issued by a flag state to its vessels authorized to harvest Dissostichus species. Dissostichus species means Patagonian toothfish and/or Antarctic toothfish and their parts or products. Fish means finfish, mollusks, and crustaceans. Fishery means: (1) One or more stocks of fish that can be treated as a unit for purposes of conservation and management and that are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics. (2) Any fishing for such stocks. Harvesting vessel means any vessel of the United States (this includes any boat, ship, or other craft), that is used for, equipped to be used for, or of a type that is normally used for harvesting. Individual permit means an NSF permit issued under 45 CFR part 670; or an NSF award letter (demonstrating that the individual has received an award from NSF to do research in the Antarctic); or a marine mammal permit issued under §216.31 of this chapter; or an endangered species permit issued under §222.21 of this chapter. Inspection vessel means a vessel carrying a CCAMLR inspector and displaying the pennant approved by the Commission to identify such vessel. Land or landing means to begin offloading any fish, to arrive in port with the intention of offloading any fish, or to cause any fish to be offloaded. NSF means National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. Recreational fishing means fishing with hook and line for personal use and not for sale. Scientific research activity means any activity for which a person has a permit from NMFS under §216.31 of this title or an award letter from NSF or a permit from the NSF under 45 CFR part 670. Scientific research activities may also include harvesting or other associated activities if such activities are designated as scientific research activities by the Assistant Administrator. Specially Validated Dissostichus Catch Document (SVDCD) means a Dissostichus catch document that has been specially issued by a State to accompany seized or confiscated catch of Dissostichus spp. offered for sale or otherwise disposed of by the State. Transship means the transfer of fish or fish products from one vessel to another. Vessel Monitoring System (VMS) means a system that allows a Flag State, through the installation of satellite-tracking devices on board its fishing vessels to receive automatic transmission of certain information. [61 FR 35550, July 5, 1996, as amended at 65 FR 30015, May 10, 2000; 68 FR 23227, May 1, 2003] § 300.102 Relationship to other treaties, conventions, laws, and regulations. top (a) Other conventions and treaties to which the United States is a party and other Federal statutes and implementing regulations may impose additional restrictions on the harvesting and importation into the United States of AMLRs. (b) The ACA implements the Antarctic Treaty Agreed Measures for the Conservation of Antarctic Fauna and Flora (12 U.S.T. 794). The ACA and its implementing regulations (45 CFR part 670) apply to certain defined activities of U.S. citizens south of 60° S. lat. (c) The Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Migratory Bird Treaty Act (16 U.S.C. 701 et seq.), and their implementing regulations also apply to the harvesting and importation of AMLRs. § 300.103 Procedure for according protection to CCAMLR Ecosystem Monitoring Program Sites. top (a) General. (1) Any person subject to the jurisdiction of the United States must apply for and be granted an entry permit authorizing specific activities prior to entering a CCAMLR Ecosystem Monitoring Program (CEMP) Protected Site designated in accordance with the CCAMLR Conservation Measure describing the Procedures for According Protection for CEMP Sites. (2) If a CEMP Protected Site is also a site specially protected under the Antarctic Treaty (or the Protocol on Environmental Protection to the Antarctic Treaty and its Annexes, when it enters into force), an applicant seeking to enter such a Protected Site must apply to the Director of the NSF for a permit under applicable provisions of the ACA or any superseding legislation. The permit granted by NSF shall constitute a joint CEMP/ACA Protected Site permit and any person holding such a permit must comply with the appropriate CEMP Protected Site Management Plan. In all other cases, an applicant seeking a permit to enter a CEMP Protected Site must apply to the Assistant Administrator for a CEMP permit in accordance with the provisions of this section. (b) Responsibility of CEMP permit holders and persons designated as agents under a CEMP permit. (1) The CEMP permit holder and person designated as agents under a CEMP permit are jointly and severally responsible for compliance with the Act, this subpart, and any permit issued under this subpart. (2) The CEMP permit holder and agents designated under a CEMP permit are responsible for the acts of their employees and agents constituting violations, regardless of whether the specific acts were authorized or forbidden by the CEMP permit holder or agents, and regardless of knowledge concerning their occurrence. (c) Prohibitions regarding the Antarctic Treaty System and other applicable treaties and statutes. Holders of permits to enter CEMP Protected Sites are not permitted to undertake any activities within a CEMP Protected Site that are not in compliance with the provisions of: (1) The Antarctic Treaty, including the Agreed Measures for the Conservation of Antarctic Fauna and Flora (including the Protocol on the Environmental Protection to the Antarctic Treaty and its Annexes when it enters into force), as implemented under by the ACA and any superseding legislation. (Persons interested in conducting activities subject to the Antarctic Treaty or the Protocol should contact the Office of Polar Programs, NSF). (2) The Convention for the Conservation of Antarctic Seals. (3) The Convention and its Conservation Measures in force, implemented under the Act. (d) Prohibitions on takings. Permits issued under this section do not authorize any takings as defined in the applicable statutes and implementing regulations governing the activities of persons in Antarctica. (e) Issuance criteria. Permits designated in this section may be issued by the Assistant Administrator upon a determination that: (1) The specific activities meet the requirements of the Act. (2) There is sufficient reason, established in the permit application, that the scientific purpose for the intended entry cannot be served elsewhere. (3) The actions permitted will not violate any provisions or prohibitions of the Protected Site's Management Plan submitted in compliance with the CCAMLR Conservation Measure describing the Procedures for According Protection to CEMP Sites. (f) Application process. An applicant seeking a CEMP permit from the Assistant Administrator to enter a CEMP Protected Site shall include the following in the application. (1) A detailed justification that the scientific objectives of the applicant cannot be accomplished elsewhere and a description of how said objectives will be accomplished within the terms of the Protected Site's Management Plan. (2) A statement signed by the applicant that the applicant has read and fully understands the provisions and prohibitions of the Protected Site's Management Plan. Prospective applicants may obtain copies of the relevant Management Plans and the CCAMLR Conservation Measure describing the Procedures for According Protection to CEMP Sites by requesting them from the Assistant Administrator. (g) Conditions. CEMP permits issued under this section will contain special and general conditions including a condition that the permit holder shall submit a report describing the activities conducted under the permit within 30 days of the expiration of the CEMP permit. (h) Duration. Permits issued under this section are valid for a period of up to five years. Applicants requesting a permit to reenter a Protected Site must include the most recent report required by the general condition in the previously issued CEMP permit describing the activities conducted under authority of that permit. (i) Transfer. CEMP permits are not transferable or assignable. A CEMP permit is valid only for the person to whom it is issued. (j) Modification. (1) CEMP permits can be modified by submitting a request to the Assistant Administrator. Such requests shall specify: (i) The action proposed to be taken along with a summary of the reasons therefore. (ii) The steps that the permit holder may take to demonstrate or achieve compliance with all lawful requirements. (2) If a requested modification is not in compliance with the terms of the Protected Site's Management Plan, the Assistant Administrator will treat the requested modification as an application for a new CEMP permit and so notify the holder. Modifications will be acted upon within 30 days of receipt. The CEMP permit holder must report to the Assistant Administrator any change in previously submitted information within 10 days of the change. (3) Additional conditions and restrictions. The Assistant Administrator may revise the CEMP permit effective upon notification of the permit holder, to impose additional conditions and restrictions as necessary to achieve the purposes of the Convention, the Act and the CEMP Management Plan. The CEMP permit holder must, as soon as possible, notify any and all agents operating under the permit of any and all revisions or modifications to the permit. (k) Revocation or suspension. CEMP permits may be revoked or suspended based upon information received by the Assistant Administrator and such revocation or suspension shall be effective upon notification to the permit holder. (1) A CEMP permit may be revoked or suspended based on a violation of the permit, the Act, or this subpart. (2) Failure to report a change in the information submitted in a CEMP permit application within 10 days of the change is a violation of this subpart and voids the application or permit, as applicable. Title 15 CFR part 904 governs permit sanctions under this subpart. (l) Exceptions. Entry into a Protected Site described in this section is lawful if committed under emergency conditions to prevent the loss of human life, compromise human safety, prevent the loss of vessels or aircraft, or to prevent environmental damage. (m) Protected sites. (1) Sites protected by the Antarctic Treaty and regulated under the ACA are listed at 45 CFR part 670 subparts G and H. (2) The following sites have been identified as CEMP Protected Sites subject to the regulatory authority of the Act: (i) Seal Islands, South Shetland Islands—The Seal Islands are composed of islands and skerries located approximately 7 km north of the northwest corner of Elephant Island, South Shetland Islands. The Seal Islands CEMP Protected Site includes the entire Seal Islands group, which is defined as Seal Island plus any land or rocks exposed at mean low tide within a distance of 5.5 km of the point of highest elevation on Seal Island. Seal Island is situated at 60°59'14" S. lat., 55°23'04" W. long. (ii) Cape Shirreff and the San Telmo Islands. This designation takes effect on May 1, 1995. Cape Shirreff is a low, ice-free peninsula towards the western end of the north coast of Livingston Island, South Shetland Islands, situated at 62°29' S. lat., 60°47' W. long., between Barclay Bay and Hero Bay. San Telmo Island is the largest of a small group of ice-free rock islets, approximately 2 km west of Cape Shirreff. The boundaries of the Cape Shirreff CEMP Protected Site are identical to the boundaries of the Site of Special Scientific Interest No. 32, as specified by ATCM Recommendation XV–7. No manmade boundary markers indicate the limits of the SSSI or protected site. The boundaries are defined by natural features and include the entire area of the Cape Shirreff peninsula north of the glacier ice tongue margin, and most of the San Telmo Island group. For the purposes of the protected site, the entire area of Cape Shirreff and the San Telmo Island group is defined as any land or rocks exposed at mean low tide within the area delimited by the map of SSSI No. 32 and available from the Assistant Administrator. [61 FR 35550, July 5, 1996, as amended at 68 FR 23227, May 1, 2003] § 300.104 Scientific research. top (a) The management measures issued pursuant to the procedures at §300.111 do not apply to catches of less than 5 tons taken by any vessel for research purposes, unless otherwise indicated. (b) Catches taken by any vessel for research purposes will be considered as part of any catch limit. (c) The catch reporting procedure identified in management measures issued pursuant to the procedures at §300.111 applies whenever the catch within any 5-day reporting period exceeds 5 tons, unless more specific reporting requirements apply to the species being fished. (d) Any person, organization or institution planning to use a vessel for research purposes, when the estimated catch is expected to be less than 50 tons, must provide the following vessel and research notification to the Assistant Administrator at least 2 months in advance of the planned research: (1) Name and registration number of vessel. (2) Division and subarea in which research is to be carried out. (3) Estimated dates of entering and leaving CCAMLR Convention Area. (4) Purposes of research. (5) Fishing equipment to be used (bottom trawl, midwater trawl, longline, crab pots, other). (e) The following measures apply to any person planning to use any vessel for research purposes, when the estimated catch is expected to be more than 50 tons: (1) The person must use the CCAMLR Format for Reporting Plans for Finfish Surveys in the Convention Area when the Total Catch is Expected to be More Than 50 Tons to report the details of the research plan to the Assistant Administrator at least 7 months in advance of the planned starting date for the research. A copy of the format is available from the Assistant Administrator. (2) The format requires: (i) The name of the CCAMLR Member. (ii) Survey details. (iii) Description of the vessel. (iv) Description of the fishing gear to be used. (v) Description of acoustic gear to be used. (vi) Survey design and methods of data analyses. (vii) Data to be collected. (3) A summary of the results of any research fishing subject to these provisions must be provided to the Assistant Administrator within 150 days of the completion of the research fishing and a full report must be provided within 11 months. (4) Catch and effort data resulting from the research fishing must be reported to the Assistant Administrator using the CCAMLR C4 haul-by-haul reporting format for research vessels. § 300.105 Initiating a new fishery. top (a) A new fishery, for purposes of this section, is a fishery on a species using a particular method in a statistical subarea for which: (1) Information on distribution, abundance, demography, potential yield and stock identity from comprehensive research/surveys or exploratory fishing has not been submitted to CCAMLR; (2) Catch and effort data have never been submitted to CCAMLR; or (3) Catch and effort data from the two most recent seasons in which fishing occurred have not been submitted to CCAMLR. (b) An individual subject to these regulations intending to develop a new fishery shall notify the Assistant Administrator no later than July 1 of the year in which he or she intends to initiate the fishery and shall not initiate the fishery pending CCAMLR review. (c) The notification shall be accompanied by information on: (1) The nature of the proposed fishery, including target species, methods of fishing, proposed region and any minimum level of catches that would be required to develop a viable fishery. (2) Biological information from comprehensive research/survey cruises, such as distribution, abundance, demographic data and information on stock identity. (3) Details of dependent and associated species and the likelihood of them being affected by the proposed fishery. (4) Information from other fisheries in the region or similar fisheries elsewhere that may assist in the valuation of potential yield. § 300.106 Exploratory fisheries. top (a) An exploratory fishery, for purposes of this section, is a fishery that was previously defined as a new fishery under §300.105. (b) A fishery will continue to be classified as an exploratory fishery until sufficient information is available to: (1) Evaluate the distribution, abundance, and demography of the target species, leading to an estimate of the fishery's potential yield. (2) Review the fishery's potential impacts on dependent and related species. (3) Allow the CCAMLR Scientific Committee to formulate and provide advice to the Commission on appropriate harvest catch levels and fishing gear. (c) Each vessel participating in an exploratory fishery must carry a scientific observer. (d) The operator of any vessel engaging in an exploratory fishery must submit, by the date specified in the operator's harvesting permit, catch, effort, and related biological, ecological, and environmental data as required by a data collection plan for the fishery formulated by the CCAMLR Scientific Committee. (e) In addition to the requirements in §300.112, any individual planning to enter an exploratory fishery must notify the Assistant Administrator no later than 4 months in advance of the annual meeting of CCAMLR. The Assistant Administrator will not issue a permit to enter an exploratory fishery until after the requirements of §300.112 have been met and the meeting of CCAMLR, which receives and considers the notice made to the Assistant Administrator, has been concluded. § 300.107 Reporting and recordkeeping requirements. top (a) Vessels. The operator of any vessel required to have a harvesting permit under this subpart must: (1) Accurately maintain on board the vessel all CCAMLR reports and records required by its permit. (2) Make such reports and records available for inspection upon the request of an authorized officer or CCAMLR inspector. (3) Within the time specified in the permit, submit a copy of such reports and records to NMFS at an address designated by NMFS. (4) Install a NMFS-approved VMS unit on board the vessel and operate the VMS unit whenever the vessel enters Convention waters. (b) Dealers. Dealers of AMLRs required to have a permit under this subpart must: (1) Accurately maintain all reports and records required by their permits; (2) Make such reports and records available for inspection upon the request of an authorized officer or CCAMLR inspector; and (3) Within the time specified in the permit, submit a copy of such reports and records to NMFS at an address designated by NMFS. (c) Catch documentation—(1) General. (i) The CCAMLR DCD must accompany all shipments of Dissostichus species as required in this paragraph (c). (ii) No shipment of Dissostichus species shall be released for entry into the United States unless accompanied by a complete and validated CCAMLR DCD. (iii) No shipment of Dissostichus species identified as originating from a high seas area designated by the Food and Agriculture Organization of the United Nations as Statistical Area 51 or Statistical Area 57 in the eastern and western Indian Ocean outside and north of the Convention Area shall be issued a preapproval. (2) Harvesting vessels. (i) In addition to any harvesting permit or authorization previously issued, a U.S. vessel harvesting or attempting to harvest Dissostichus species must possess a DCD issued by NMFS which is non-transferrable. The master of the harvesting vessel must ensure that the catch information specified on the DCD is accurately recorded. (ii) Prior to offloading of Dissostichus species, the master of the harvesting vessel must: (A) electronically convey by the most rapid means possible catch information to NMFS and record on the DCD a confirmation number received from NMFS; (B) Obtain on the DCD (or copies thereof) the signature(s) of the following persons: if catch is offloaded for transshipment, the master of the vessel(s) to which the catch is transferred; or if catch is offloaded for landing, the signature of both the responsible official(s) designated by NMFS in the harvesting permit, and the dealer(s) that receives the catch at the port(s) of landing; and (C) Sign the DCD (or copies thereof), electronically convey by the most rapid means possible each copy to NMFS, and provide a copy to each recipient of the catch. (iii) The master of the harvesting vessel must submit the original DCD (or all copies thereof with original signatures) to NMFS no later than 30 days after the end of the fishing season as authorized for that vessel on its harvesting permit. (3) Transshipment vessels. (i) The master of a U.S. vessel issued a permit to transship Dissostichus species must, upon receipt of Dissostichus species, sign each DCD provided by the master of the harvesting vessel. (ii) Prior to landing Dissostichus species, the master of the transshipping vessel must: (A) Obtain on each DCD (or copies thereof) the signature(s) of both the responsible official(s) designated by NMFS in the permit, and the dealer(s) that receives the catch at the port(s) of landing and (B) Sign each DCD (or copies thereof), and electronically convey by the most rapid means possible each copy to NMFS and to the flag state(s) of the harvesting vessel(s) and provide a copy to each dealer receiving Dissostichus species. (iii) The master of the transshipping vessel must submit all DCDs with original signatures to NMFS no later than 30 days after offloading and retain copies for a period of 2 years. (4) Receivers upon landing. Any dealer who receives Dissostichus species from a harvesting vessel or from a transshipment vessel must sign the DCD(s) provided by the master of the vessel. (5) Import. (i) Any dealer who imports Dissostichus species must: (A) Obtain the DCD and stamp on the DCD showing that NMFS has certified that preapproval has been granted for importation (and Dissostichus re-export document if applicable) with a unique export reference number that accompanies the import shipment, (B) Ensure that the quantity of toothfish listed on the DCD (or Dissostichus re-export document if product is to be re-exported) matches the quantity listed on the preapproval application within a variance of 10 percent, (C) Express mail or fax the catch documentation described in paragraphs (c)(5)(i)(A) and (B) of this section to an address designated by NMFS so that NMFS receives the documentation at least 15 working days prior to import, and (D) Retain a copy of the DCD for his/her records and provide copies to exporters as needed. (ii) Dealers must retain at their place of business a copy of the DCD for a period of 2 years from the date on the DCD. (iii) Exception. For shipments of Dissostichus species which are fresh and less than 2,000 kilograms in quantity, the application for approval of catch documents of toothfish must be submitted to NMFS within 24 hours of import. (6) Re-export. (i) Any dealer who re-exports Dissostichus species must complete a Dissostichus re-export document by indicating: (A) The amount from the original DCD(s) that is exported in the particular export shipment; (B) The number of the original DCD(s); (C) The name of the importer and point of import; and (D) The exporter's name, address and permit number. (ii) The dealer must then sign the re-export document and obtain validation by a responsible official(s) designated by NMFS. (iii) The original validated Dissostichus re-export document and copies of the original DCD(s) must accompany the export shipment. (iv) The dealer must retain a copy of the re-export document and copies of the DCD(s)at his/her place of business for a period of 2 years from the date on the DCD. [65 FR 30016, May 10, 2000, as amended at 68 FR 23228, May 1, 2003] § 300.108 Vessel and gear identification. top (a) Vessel identification. (1) The operator of each harvesting vessel assigned an IRCS must display that call sign amidships on both the port and starboard sides of the deckhouse or hull, so that it is visible from an enforcement or inspection vessel, and on an appropriate weather deck so that it is visible from the air. (2) The operator of each harvesting vessel not assigned an IRCS, such as a small trawler associated with a mothership or one of a pair of trawlers, must display the IRCS of the associated vessel, followed by a numerical suffix specific for the non-assigned vessel. (3) The vessel identification must be in a color in contrast to the background and must be permanently affixed to the harvesting vessel in block roman alphabet letters and arabic numerals at least 1 m in height for harvesting vessels over 20 m in length, and at least 0.5 m in height for all other harvesting vessels. (b) Navigational lights and shapes. Each harvesting vessel must display the lights and shapes prescribed by the International Regulations for Preventing Collisions at Sea, 1972 (TIAS 8587, and 1981 amendment TIAS 10672), for the activity in which the harvesting vessel is engaged (as described at 33 CFR part 81). (c) Gear identification. (1) The operator of each harvesting vessel must ensure that all deployed fishing gear that is not physically and continuously attached to a harvesting vessel is clearly marked at the surface with a buoy displaying the vessel identification of the harvesting vessel (see paragraph (a) of this section) to which the gear belongs, a light visible for 2 miles at night in good visibility, and a radio buoy. Trawl codends passed from one vessel to another are considered continuously attached gear and do not have to be marked. (2) The operator of each harvesting vessel must ensure that deployed longlines, strings of traps or pots, and gillnets are marked at the surface at each terminal end with a buoy displaying the vessel identification of the harvesting vessel to which the gear belongs (see paragraph (a) of this section), a light visible for 2 miles at night in good visibility, and a radio buoy. (3) Unmarked or incorrectly identified fishing gear may be considered abandoned and may be disposed of in accordance with applicable Federal regulations by any authorized officer or CCAMLR inspector. (d) Maintenance. The operator of each harvesting vessel must: (1) Keep the vessel and gear identification clearly legible and in good repair. (2) Ensure that nothing on the harvesting vessel obstructs the view of the markings from an enforcement or inspection vessel or aircraft. (3) Ensure that the proper navigational lights and shapes are displayed for the harvesting vessel's activity and are properly functioning. § 300.109 Gear disposal. top (a) The operator of a harvesting vessel may not dump overboard, jettison or otherwise discard any article or substance that may interfere with other fishing vessels or gear, or that may catch fish or cause damage to any marine resource, including marine mammals and birds, except in cases of emergency involving the safety of the ship or crew, or as specifically authorized by communication from the appropriate USCG commander or authorized officer. These articles and substances include, but are not limited to, fishing gear, net scraps, bale straps, plastic bags, oil drums, petroleum containers, oil, toxic chemicals or any manmade items retrieved in a harvesting vessel's gear. (b) The operator of a harvesting vessel may not abandon fishing gear in Convention waters. (c) The operator of a harvesting vessel must provide a copy of the CCAMLR information brochure “Marine Debris—A Potential Threat to Antarctic Marine Mammals” to each member of the crew of the harvesting vessel and must display copies of the CCAMLR placard “Avoidance of Incidental Mortality of Antarctic Marine Mammals” in the wheelhouse and crew quarters of the harvesting vessels. Copies of the brochure and placard will be provided to each holder of a harvesting permit by NMFS when issuing the permit. § 300.110 Mesh size. top (a) The use of pelagic and bottom trawls having the mesh size in any part of a trawl less than indicated is prohibited for any directed fishing for the following Antarctic finfishes: (1) Notothenia rossii and Dissostichus eleginoides—120 mm. (2) Champsocephalus gunnari—90 mm. (3) Gobionotothen gibberifrons, Notothenia kempi and Lepidorhirus squamifrons—80 mm. (b) Any means or device that would reduce the size or obstruct the opening of the meshes is prohibited. (c) The following procedure will be used for determining compliance with mesh size requirements. (1) Description of gauges. (i) Gauges for determining mesh sizes will be 2 mm thick, flat, of durable material and capable of retaining their shape. They may have either a series of parallel-edged sides connected by intermediate tapering edges with a taper of one to eight on each side, or only tapering edges with the taper defined above. They will have a hole at the narrowest extremity. (ii) Each gauge will be inscribed on its face with the width in millimeters both on the parallel-sided section, if any, and on the tapering section. In the case of the latter, the width will be inscribed every 1 mm interval, but the indication of the width may appear at regular intervals other than 1 mm. (2) Use of the gauge. (i) The net will be stretched in the direction of the long diagonal of the meshes. (ii) A gauge as described in paragraph (c)(1) of this section will be inserted by its narrowest extremity into the mesh opening in a direction perpendicular to the plane of the net. (iii) The gauge may be inserted into the mesh opening either with a manual force or using a weight or dynamometer, until it is stopped at the tapering edges by the resistance of the mesh. (3) Selection of meshes to be measured. (i) Meshes to be measured will form a series of 20 consecutive meshes chosen in the direction of the long axis of the net, except that the meshes to be measured need not be consecutive if the application of paragraph (c)(3)(ii) of this section prevents it. (ii) Meshes less than 50 cm from lacings, ropes, or codline will not be measured. This distance will be measured perpendicular to the lacings, ropes or codline with the net stretched in the direction of that measurement. No mesh will be measured which has been mended or broken or has attachments to the net fixed at that mesh. (iii) Nets will be measured only when wet and unfrozen. (4) The measurement of each mesh will be the width of the gauge at the point where the gauge is stopped, when using this gauge in accordance with paragraph (c)(2) of this section. (5) Determination of the mesh size of the net will be the arithmetical mean in millimeters of the measurements of the total number of meshes selected and measured as provided for in paragraphs (c) (3) and (4) of this section, the arithmetical mean being rounded up to the next millimeter. (6) Inspection procedure. (i) One series of 20 meshes, selected in accordance with paragraph (c)(3) of this section, will be measured by inserting the gauge manually without using a weight or dynamometer. The mesh size of the net will then be determined in accordance with paragraph (c)(5) of this section. If the calculation of the mesh size shows that the mesh size does not appear to comply with the rules in force, then two additional series of 20 meshes selected in accordance with paragraph (c)(3) of this section will be measured. The mesh size will then be recalculated in accordance with paragraph (c)(5) of this section, taking into account the 60 meshes already measured; this recalculation will be the mesh size of the net. (ii) If the captain of the vessel contests the mesh size determined in accordance with paragraph (c)(6)(i) of this section, such measurement will not be considered for the determination of the mesh size and the net will be remeasured. (A) A weight or dynamometer attached to the gauge will be used for remeasurement. The choice of weight or dynamometer is at the discretion of the inspectors. The weight will be fixed to the hole in the narrowest extremity of the gauge using a hook. The dynamometer may either be fixed to the hole in the narrowest extremity of the gauge or be applied at the largest extremity of the gauge. (B) The accuracy of the weight or dynamometer must be certified by the appropriate national authority. (C) For nets of a mesh size of 35 mm or less as determined in accordance with paragraph (c)(6)(i) of this section, a force of 19.61 newtons (equivalent to a mass of 2 kg) will be applied, and for other nets, a force of 49.03 newtons (equivalent to a mass of 5 kg). (D) For the purposes of determining the mesh size in accordance with paragraph (c)(5) of this section, when using a weight or dynamometer, one series of 20 meshes only will be measured. § 300.111 Framework for annual management measures. top (a) Introduction. New management measures may be added and others modified through publication of a regulatory action in the Federal Register. The following framework process authorizes the implementation of measures that may affect the operation of the commercial or exploratory fisheries, gear, area restrictions, or changes in catch and/or effort. (b) Preliminary notice. The Secretary of State shall publish preliminary notice in the Federal Register of the management measures adopted by the parties to the Convention. (c) Procedure. At its annual meeting, usually in October or November, the Commission may recommend new measures and that established measures be modified, removed, or re-instituted. After public notice of those recommendations by the Secretary of State and opportunity for public comment, and after considering the impact of instituting the measures and any public comment received by the Secretary of State, the Assistant Administrator may implement the management measures by notice in the Federal Register, with immediate force and effect. The notification in the Federal Register will summarize new management measures, and respond to any public comments received by the Secretary of State on the preliminary notice. (d) Types of management measures to be frameworked. Management measures that may be implemented by regulatory notice rather than by codified regulation are those that generally will not remain in effect for more than 12 months and include catch restrictions, time and area closures, and gear restrictions. (e) The fishing season for all Convention Area species is December 1 through November 30 of the following year, unless otherwise set in specific CCAMLR conservation measures. [61 FR 35550, July 5, 1996, as amended at 68 FR 23228, May 1, 2003] § 300.112 Harvesting permits. top (a) General. (1) Every vessel subject to the jurisdiction of the United States that attempts to reduce or reduces any AMLR to possession must have a harvesting permit authorizing the attempt or reduction, unless the attempt or reduction occurs during recreational fishing or is covered by an individual permit. Boats launched from a vessel issued a harvesting permit do not require a separate permit, but are covered by the permit issued the launching vessel. Any enforcement action that results from the activities of a launched boat will be taken against the launching vessel. (2) Permits issued under this section do not authorize vessels or persons subject to the jurisdiction of the United States to harass, capture, harm, kill, harvest, or import marine mammals. No marine mammals may be taken in the course of commercial fishing operations unless the taking is allowed under the Marine Mammal Protection Act and/or the Endangered Species Act pursuant to an exemption or permit granted by the appropriate agency. (b) Responsibility of owners and operators. (1) The owners and operators of each harvesting vessel are jointly and severally responsible for compliance with the Act, this subpart, and any permit issued under the Act and this subpart. (2) The owners and operators of each such vessel are responsible for the acts of their employees and agents constituting violations, regardless of whether the specific acts were authorized or forbidden by the owners or operators, and regardless of knowledge concerning their occurrence. (3) The owner of such vessel must report any sale, change in ownership, or other disposition of the vessel to the Assistant Administrator within 15 days of the occurrence. (c) Application. Application forms for harvesting permits are available from the Assistant Administrator (Attn: CCAMLR permits). A separate fully completed and accurate application must be submitted for each vessel for which a harvesting permit is requested at least 90 days before the date anticipated for the beginning of harvesting. (d) Issuance. The Assistant Administrator may issue a harvesting permit to a vessel if the Assistant Administrator determines that the harvesting described in the application will meet the requirements of the Act and will not: (1) Decrease the size of any harvested population to levels below those that ensure its stable recruitment. For this purpose, the Convention recommends that its size not be allowed to fall below a level close to that which ensures the greatest net annual increment. (2) Upset the ecological relationships between harvested, dependent, and related populations of AMLRs and the restoration of depleted populations to levels that will ensure stable recruitment. (3) Cause changes or increase the risk of changes in the marine ecosystem that are not potentially reversible over 2 or 3 decades, taking into account the state of available knowledge of the direct and indirect impact of harvesting, the effect of the introduction of alien species, the effects of associated activities on the marine ecosystem and of the effects of environmental changes, with the aim of making possible the sustained conservation of AMLRs. (4) Violate the management measures issued pursuant to §300.111 of this subpart. (5) Violate any other conservation measures in force with respect to the United States under the Convention or the Act. (e) Duration. A harvesting permit is valid from its date of issuance to its date of expiration unless it is revoked or suspended. (f) Transfer. Permits are not transferable or assignable. A permit is valid only for the vessel to which it is issued. (g) Display. Each harvesting vessel when engaged in harvesting must either have on board an up-to-date copy of its harvesting permit or a fully completed and up-to-date harvesting vessel certificate and the vessel operator must produce it for inspection upon the request of an authorized officer or CCAMLR inspector. In order for the certificate to be considered complete, the vessel owner or operator must enter on it the name and IRCS of the vessel issued the harvesting permit, the number of the harvesting permit and its date of issuance and expiration, the harvesting authorized by the permit, and all conditions and restrictions contained in the permit. Blank certificates are available from the Assistant Administrator. (h) Changes in information submitted by permit applicants or holders—(1) Changes in pending applications. Applicants for a harvesting permit must report to the Assistant Administrator in writing any change in the information contained in the application. The processing period for the application will be extended as necessary to review the change. (2) Changes occurring after permit issuance—(i) Changes other than in the manner and amount of harvesting. The owner or operator of a vessel that has been issued a harvesting permit must report to the Assistant Administrator in writing any change in previously submitted information other than a proposed change in the location, manner, or amount of harvesting within 15 days of the change. Based on such reported information, the Assistant Administrator may revise the permit effective upon notification to the permit holder. As soon as possible, the vessel owner or operator must revise any harvesting vessel certificate evidencing the permit, accordingly. (ii) Requested changes in the location, manner, or amount of harvesting. Any changes in the manner or amount of harvesting must be proposed in writing to the Assistant Administrator and may not be undertaken unless authorized by the Assistant Administrator through a permit revision or issuance of a new permit. If a requested change in the location, manner, or amount of harvesting could significantly affect the status of any Antarctic marine living resource, the Assistant Administrator will treat the requested change as an application for a new permit and so notify the holder. (i) Additional conditions and restrictions. The Assistant Administrator may revise the harvesting permit, effective upon notification to the permit holder, to impose additional conditions and restrictions on the harvesting vessel as necessary to achieve the purposes of the Convention or the Act. The permit holder must, as soon as possible, direct the vessel operator to revise the harvesting vessel certificate, if any, accordingly. (j) Revision, suspension, or revocation for violations. A harvesting permit may be revised, suspended, or revoked if the harvesting vessel is involved in the commission of any violation of its permit, the Act, or this subpart. Failure to report a change in the information contained in an application within 15 days of the change is a violation of this subpart and voids the application or permit, as applicable. If a change in vessel ownership is not reported, the violation is chargeable to the previous owner. Title 15 CFR part 904 governs permit sanctions under this subpart. (k) Transshipment vessels. Any U.S. flagged vessel that receives or attempts to receive Dissostichus species from a harvesting vessel at sea, regardless of whether such transshipment occurs in waters under the jurisdiction of CCAMLR, must obtain from NMFS a harvesting permit authorizing transshipment. Transshipment vessels must comply with the permitting provisions of this section with respect to harvesting vessels. [61 FR 35550, July 5, 1996, as amended at 65 FR 30017, May 10, 2000] § 300.113 Dealer permits and preapproval. top (a) General. (1) A dealer intending to import or re-export AMLR must obtain an AMLR dealer permit valid for one year. Preapproval from NMFS is required for each shipment of Dissostichus species. Only those specific activities stipulated by the permit are authorized for the permit holder. (2) An AMLR may be imported into the United States if its harvest has been authorized by a U.S.-issued individual permit issued under §300.112 (a)(1) or its importation has been authorized by a NMFS-issued dealer permit and preapproval issued under paragraph (a) of this section. AMLRs may not be released for entry into the United States unless accompanied by the harvesting permit or the individual permit and the DCD for that shipment which has been stamped by NMFS certifying that preapproval has been granted to allow import. (3) In no event may a marine mammal be imported into the United States unless authorized and accompanied by an import permit issued under the Marine Mammal Protection Act and/or the Endangered Species Act. (4) A dealer permit or preapproval issued under this section does not authorize the harvest or transshipment of any AMLR by or to a vessel of the United States. (b) Application. Application forms for AMLR dealer permits and preapproval are available from NMFS. A complete and accurate application must be received by NMFS for each preapproval at least 15 working days before the anticipated date of the first receipt, importation, or re-export. (c) Fees. A fee to recover the administrative expenses associated with processing preapproval applications will be charged. The amount of the fee will be determined in accordance with procedures specified in the NOAA Finance Handbook for calculating administrative costs of special products and services. The fee is specified with the preapproval application form. The appropriate fee must accompany each application and be paid by check, draft, or money order. (d) Issuance. NMFS may issue a dealer permit or preapproval if it determines that the activity proposed by the dealer meets the requirements of the Act and that the resources were not or will not be harvested in violation of any conservation measure in force with respect to the United States or in violation of any regulation in this subpart. (e) Duration. A permit issued under this section is valid from its date of issuance to its date of expiration unless it is revoked or suspended. A preapproval is valid until the product is imported (and re-exported, if applicable). (f) Transfer. A permit issued under this section is not transferable or assignable. (g) Changes in information—(1) Pending applications. Applicants for permits and preapproval under this section must report in writing to NMFS any change in the information submitted in their permit and preapproval applications. The processing period for the application may be extended as necessary to review and consider the change. (2) Issued permits and preapprovals. Any entity issued a permit or preapproval under this section must report in writing to NMFS any changes in previously submitted information. Any changes that would result in a change in the receipt or importation authorized by the preapproval, such as harvesting vessel or country of origin, type and quantity of the resource to be received or imported, and Convention statistical subarea from which the resource was harvested, must be proposed in writing to NMFS and may not be undertaken unless authorized by NMFS through issuance of a revised or new preapproval. (h) Revision, suspension, or revocation. A permit or preapproval issued under this section may be revised, suspended, or revoked, based upon a violation of the permit, the Act, or this subpart. Failure to report a change in the information contained in a permit or preapproval application voids the application, permit, or preapproval as applicable. Title 15 CFR part 904 governs permit sanctions under this subpart. (i) Exception. For shipments of Dissostichus species which are fresh and less than 2,000 kilograms in quantity, the application for approval of catch documents of toothfish must be submitted to NMFS within 24 hours of import. (j) SVDCD. Dealer permits will not be issued for Dissostichus spp. offered for sale or other disposition under a Specially Validated DCD. (k) Registered agent. Foreign entities shall, as a condition of possessing a dealer permit, designate and maintain a registered agent within the United States that is authorized to accept service of process on behalf of that entity. Foreign based importers of record may identify to NMFS the registered agent identified for Customs Service purposes. [68 FR 23228, May 1, 2003] § 300.114 Appointment of a designated representative. top (a) All holders of permits authorizing fishing in subarea 48.3 must appoint a designated representative in the United States. (b) The designated representative will be notified of closures under §300.111 and must transmit this information to the vessel on the grounds. (c) The designated representative may receive catch reports from the vessel and transmit the reports to NMFS in writing. § 300.115 Prohibitions. top In addition to the prohibitions in §300.4, it is unlawful for any person to: (a) Reduce to possession or attempt to reduce to possession any AMLRs without a permit for such activity as required by §300.112. (b) Import into or export from the United States any AMLRs taken by vessels without a permit to harvest those resources as required by §300.112 (a)(1), or without applicable catch documentation as required by §300.107 (c)(1), or without a dealer permit as required by §300.113 (a)(1), or in violation of the terms and conditions for such import or export as specified on the permit. (c) Engage in harvesting or other associated activities in violation of the provisions of the Convention or in violation of a conservation measure in force with respect to the United States under Article IX of the Convention. (d) Ship, transport, offer for sale, sell, purchase, import, export or have custody, control or possession of, any AMLR that he or she knows, or reasonably should have known, was harvested in violation of a conservation measure in force with respect to the United States under article IX of the Convention or in violation of any regulation promulgated under this subpart, without regard to the citizenship of the person that harvested, or vessel that was used in the harvesting of, the AMLR. (e) Refuse to allow any CCAMLR inspector to board a vessel of the United States or a vessel subject to the jurisdiction of the United States for the purpose of conducting an inspection authorized by the Act, this subpart, or any permit issued under the Act. (f) Refuse to provide appropriate assistance, including access as necessary to communications equipment, to CCAMLR inspectors. (g) Refuse to sign a written notification of alleged violations of Commission measures in effect prepared by a CCAMLR inspector. (h) Assault, resist, oppose, impede, intimidate, or interfere with a CCAMLR inspector in the conduct of any boarding or inspection authorized by the Act, this subpart, or any permit issued under the Act. (i) Use any vessel to engage in harvesting after the revocation, or during the period of suspension, of an applicable permit issued under the Act. (j) Fail to identify, falsely identify, fail to properly maintain, or obscure the identification of a harvesting vessel or its gear as required by this subpart. (k) Fish in a closed area. (l) Trawl with a mesh size in any part of the trawl net smaller than that allowed for any directed fishing for Antarctic finfishes as specified in management measures issued pursuant to §300.111. (m) Use any means or device that would reduce the size or obstruct the opening of the trawl meshes specified in management measures issued pursuant to §300.111. (n) Possess fish in violation of the catch limit specified in management measures issued pursuant to §300.111. (o) Discard netting or other substances in the Convention Area in violation of §300.109. (p) Violate or attempt to violate any provision of this subpart, the Act, any other regulation promulgated under the Act or any permit issued under the Act. (q) Provide incomplete or inaccurate information about the harvest, transshipment, landing, import or re-export of applicable species on any document required under this subpart. (r) Receive AMLRs from a vessel without a dealer or harvesting permit issued under this subpart. (s) Import Dissostichus spp. with a Specially Validated DCD. (t) Import shipments of fresh Dissostichus spp. in quantities of 2,000 kilograms or more, or frozen Dissostichus spp., without a preapproval issued under §300.113. [61 FR 35550, July 5, 1996, as amended at 65 FR 30017, May 10, 2000; 68 FR 23229, May 1, 2003] § 300.116 Facilitation of enforcement and inspection. top In addition to the facilitation of enforcement provisions of §300.5, the following requirements apply to this subpart. (a) Access and records. (1) The owners and operator of each harvesting vessel must provide authorized officers and CCAMLR inspectors access to all spaces where work is conducted or business papers and records are prepared or stored, including but not limited to personal quarters and areas within personal quarters. If inspection of a particular area would interfere with specific on-going scientific research, and if the operator of the harvesting vessel makes such assertion and produces an individual permit that covers that specific research, the authorized officer or CCAMLR inspector will not disturb the area, but will record the information pertaining to the denial of access. (2) The owner and operator of each harvesting vessel must provide to authorized officers and CCAMLR inspectors all records and documents pertaining to the harvesting activities of the vessel, including but not limited to production records, fishing logs, navigation logs, transfer records, product receipts, cargo stowage plans or records, draft or displacement calculations, customs documents or records, and an accurate hold plan reflecting the current structure of the vessel's storage and factory spaces. (3) Before leaving vessels that have been inspected, the CCAMLR inspector will give the master of the vessel a Certificate of Inspection and a written notification of any alleged violations of Commission measures in effect and will afford the master the opportunity to comment on it. The ship's master must sign the notification to acknowledge receipt and the opportunity to comment on it. (b) Reports by non-inspectors. All scientists, fishermen, and other non-inspectors present in the Convention area and subject to the jurisdiction of the United States are encouraged to report any violation of Commission conservation and management measures observed in the Convention area to the Office of Ocean Affairs (CCAMLR Violations), Department of State, Room 5801, Washington, DC 20520. (c) Storage of AMLRs. The operator of each harvesting vessel storing AMLRs in a storage space on board the vessel must ensure that non-resource items are neither stowed beneath nor covered by resource items, unless required to maintain the stability and safety of the vessel. Non-resource items include, but are not limited to, portable conveyors, exhaust fans, ladders, nets, fuel bladders, extra bin boards, or other moveable non-resource items. These non-resource items may be in a resource storage space when necessary for the safety of the vessel or crew or for the storage of the items. Lumber, bin boards, or other dunnage may be used for shoring or bracing of product to ensure the safety of crew and to prevent shifting of cargo within the space. (d) Disposition of resources denied entry. [Reserved] [61 FR 35550, July 5, 1996, as amended at 65 FR 30017, May 10, 2000] § 300.117 Penalties. top Any person or harvesting vessel found to be in violation of the Act, this subpart, or any permit issued under this subpart will be subject to the civil and criminal penalty provisions and forfeiture provisions prescribed in the Act, 15 CFR part 904, and other applicable laws. Figure 1 to Subpart G—Boundaries of the Statistical Reporting Area in the Southern Ocean top View or download PDF Figure 2 to Subpart G—The Use of Streamer Lines To Minimize the Incidental Mortality of Seabirds in the Course of Longline Fishing or Longline Fishing Research Operations in the Convention Area top View or download PDF Subpart H—Vessels of the United States Fishing in Colombian Treaty Waters top Authority: 16 U.S.C. 1801 et seq. § 300.120 Purpose. top This subpart implements fishery conservation and management measures as provided in fishery agreements pursuant to the Treaty Between the Government of the United States of America and the Government of the Republic of Colombia Concerning the Status of Quita Sueno, Roncador and Serrana (TIAS 10120) (Treaty). § 300.121 Definitions. top In addition to the terms defined in §300.2, the Magnuson Act, and §600.10 of this title, and in the Treaty, the terms used in this subpart have the following meanings. If a term is defined differently in §300.2, the Magnuson Act, or the Treaty, the definition in this section shall apply. Conch means Strombus gigas. Factory vessel means a vessel that processes, transforms, or packages aquatic biological resources on board. Lobster means one or both of the following: (1) Smoothtail lobster, Panulirus laevicauda. (2) Spiny lobster, Panulirus argus. Regional Administrator means the Director, Southeast Region, or a designee. Science and Research Director means the Director, Southeast Fisheries Science Center. Treaty waters means the waters of one or more of the following: (1) Quita Sueno, enclosed by latitudes 13°55'N. and 14°43'N. between longitudes 80°55'W. and 81°28'W. (2) Serrana, enclosed by arcs 12 nautical miles from the low water line of the cays and islands in the general area of 14°22'N. lat., 80°20'W. long. (3) Roncador, enclosed by arcs 12 nautical miles from the low water line of Roncador Cay, in approximate position 13°35'N. lat., 80°05'W. long. § 300.122 Relation to other laws. top (a) The relation of this subpart to other laws is set forth in §600.705 of this title and paragraph (b) of this section. Particular note should be made to the reference in §600.705 to the applicability of title 46 U.S.C., under which a Certificate of Documentation is invalid when the vessel is placed under the command of a person who is not a citizen of the United States. (b) Minimum size limitations for certain species, such as reef fish in the Gulf of Mexico, may apply to vessels transiting the EEZ with such species aboard. § 300.123 Certificates and permits. top (a) Applicability. An owner of a vessel of the United States that fishes in treaty waters is required to obtain an annual certificate issued by the Republic of Colombia and an annual vessel permit issued by the Regional Administrator. (b) Application for certificate/permit. (1) An application for a permit must be submitted and signed by the vessel's owner. An application may be submitted at any time, but should be submitted to the Regional Administrator not less than 90 days in advance of its need. Applications for the ensuing calendar year should be submitted to the Regional Administrator by October 1. (2) An applicant must provide the following: (i) A copy of the vessel's valid USCG certificate of documentation or, if not documented, a copy of its valid state registration certificate. (ii) Vessel name and official number. (iii) Name, address, telephone number, and other identifying information of the vessel owner or, if the owner is a corporation or partnership, of the responsible corporate officer or general partner. (iv) Principal port of landing of fish taken from treaty waters. (v) Type of fishing to be conducted in treaty waters. (vi) Any other information concerning the vessel, gear characteristics, principal fisheries engaged in, or fishing areas, as specified on the application form. (vii) Any other information that may be necessary for the issuance or administration of the permit, as specified on the application form. (c) Issuance. (1) The Regional Administrator will request a certificate from the Republic of Colombia if: (i) The application is complete. (ii) The applicant has complied with all applicable reporting requirements of §300.124 during the year immediately preceding the application. (2) Upon receipt of an incomplete application, or an application from a person who has not complied with all applicable reporting requirements of §300.124 during the year immediately preceding the application, the Regional Administrator will notify the applicant of the deficiency. If the applicant fails to correct the deficiency within 30 days of the Regional Administrator's notification, the application will be considered abandoned. (3) The Regional Administrator will issue a permit as soon as the certificate is received from the Republic of Colombia. (d) Duration. A certificate and permit are valid for the calendar year for which they are issued, unless the permit is revoked, suspended, or modified under subpart D of 15 CFR part 904. (e) Transfer. A certificate and permit issued under this section are not transferable or assignable. They are valid only for the fishing vessel and owner for which they are issued. (f) Display. A certificate and permit issued under this section must be carried aboard the fishing vessel while it is in treaty waters. The operator of a fishing vessel must present the certificate and permit for inspection upon request of an authorized officer or an enforcement officer of the Republic of Colombia. (g) Sanctions and denials. Procedures governing enforcement-related permit sanctions and denials are found at subpart D of 15 CFR part 904. (h) Alteration. A certificate or permit that is altered, erased, or mutilated is invalid. (i) Replacement. A replacement certificate or permit may be issued upon request. Such request must clearly state the reason for a replacement certificate or permit. (j) Change in application information. The owner of a vessel with a permit must notify the Regional Administrator within 30 days after any change in the application information required by paragraph (b)(2) of this section. The permit is void if any change in the information is not reported within 30 days. § 300.124 Recordkeeping and reporting. top (a) Arrival and departure reports. The operator of each vessel of the United States for which a certificate and permit have been issued under §300.123 must report by radio to the Port Captain, San Andres Island, voice radio call sign “Capitania de San Andres,” the vessel's arrival in and departure from treaty waters. Radio reports must be made on 8222.0 kHz or 8276.5 kHz between 8:00 a.m. and 12 noon, local time (1300–1700, Greenwich mean time) Monday through Friday. (b) Catch and effort reports. Each vessel of the United States must report its catch and effort on each trip into treaty waters to the Science and Research Director on a form available from the Science and Research Director. These forms must be submitted to the Science and Research Director so as to be received no later than 7 days after the end of each fishing trip. § 300.125 Vessel identification. top (a) Official number. A vessel with a permit issued pursuant to §300.123, when in treaty waters, must display its official number on the port and starboard sides of the deckhouse or hull, and on an appropriate weather deck, so as to be clearly visible from an enforcement vessel or aircraft. The official number must be permanently affixed to or painted on the vessel and must be in block arabic numerals in contrasting color to the background at least 18 inches (45.7 cm) in height for fishing vessels over 65 ft (19.8 m) in length, and at least 10 inches (25.4 cm) in height for all other vessel. (b) Duties of operator. The operator of each fishing vessel must— (1) Keep the official number clearly legible and in good repair. (2) Ensure that no part of the fishing vessel, its rigging, fishing gear, or any other material aboard obstructs the view of the official number from an enforcement vessel or aircraft. § 300.126 Prohibitions. top In addition to the general prohibitions specified in §600.725 of this title and the prohibited acts specified in §300.4, it is unlawful for any person to do any of the following: (a) Fish in treaty waters without the certificate and permit aboard, or fail to display the certificate and permit, as specified in §300.123(a) and (f). (b) Fail to notify the Regional Administrator of a change in application information, as specified in §300.123(j). (c) Fail to report a vessel's arrival in and departure from treaty waters, as required by §300.124(a). (d) Falsify or fail to display and maintain vessel identification, as required by §300.125. (e) Fail to comply immediately with instructions and signals issued by an enforcement officer of the Republic of Colombia, as specified in §300.127. (f) Operate a factory vessel in treaty waters, as specified in §300.130(a). (g) Use a monofilament gillnet in treaty waters, as specified in §300.130(b). (h) Use autonomous or semi-autonomous diving equipment in treaty waters, as specified in §300.130(c). (i) Use or possess in treaty waters a lobster trap or fish trap without a degradable panel, as specified in §300.130(d). (j) Possess conch smaller than the minimum size limit, as specified in §300.131(a). (k) Fish for or possess conch in the closed area or during the closed season, as specified in §300.131(b) and (c). (l) Retain on board a berried lobster or strip eggs from or otherwise molest a berried lobster, as specified in §300.132(a). (m) Possess a lobster smaller than the minimum size, as specified in §300.132(b). (n) Fail to return immediately to the water unharmed a berried or undersized lobster, as specified in §300.132(a) and (b). § 300.127 Facilitation of enforcement. top (a) The provisions of §600.730 of this title and paragraph (b) of this section apply to vessels of the United States fishing in treaty waters. (b) The operator of, or any other person aboard, any vessel of the United States fishing in treaty waters must immediately comply with instructions and signals issued by an enforcement officer of the Republic of Colombia to stop the vessel and with instructions to facilitate safe boarding and inspection of the vessel, its gear, equipment, fishing record, and catch for purposes of enforcing this subpart. § 300.128 Penalties. top Any person committing or fishing vessel used in the commission of a violation of the Magnuson Act or any regulation issued under the Magnuson Act, is subject to the civil and criminal penalty provisions and civil forfeiture provisions of the Magnuson Act, to part 600 of this title, to 15 CFR part 904, and to other applicable law. In addition, Colombian authorities may require a vessel involved in a violation of this subpart to leave treaty waters. § 300.129 Fishing year. top The fishing year for fishing in treaty waters begins on January 1 and ends on December 31. § 300.130 Vessel and gear restrictions. top (a) Factory vessels. Factory vessels are prohibited from operating in treaty waters. (b) Monofilament gillnets. A monofilament gillnet made from nylon or similar synthetic material are prohibited from being used in treaty waters. (c) Tanks and air hoses. Autonomous or semiautonomous diving equipment (tanks or air hoses) are prohibited from being used to take aquatic biological resources in treaty waters. (d) Trap requirements. A lobster trap or fish trap used or possessed in treaty waters that is constructed of material other than wood must have an escape panel located in the upper half of the sides or on top of the trap that, when removed, will leave an opening no smaller than the throat or entrance of the trap. Such escape panel must be constructed of or attached to the trap with wood, cotton, or other degradable material. (e) Poisons and explosives. [Reserved] § 300.131 Conch harvest limitations. top (a) Size limit. The minimum size limit for possession of conch in or from treaty waters is 7.94 oz (225 g) for an uncleaned meat and 3.53 oz (100 g) for a cleaned meat. (b) Closed area. The treaty waters of Quita Sueno are closed to the harvest or possession of conch. (c) Closed season. During the period July 1 through September 30 of each year, the treaty waters of Serrana and Roncador are closed to the harvest or possession of conch. § 300.132 Lobster harvest limitations. top (a) Berried lobsters. A berried (egg-bearing) lobster in treaty waters may not be retained on board. A berried lobster must be returned immediately to the water unharmed. A berried lobster may not be stripped, scraped, shaved, clipped, or in any other manner molested to remove the eggs. (b) Size limit. The minimum size limit for possession of lobster in or from treaty waters is 5.5 inches (13.97 cm), tail length. Tail length means the measurement, with the tail in a straight, flat position, from the anterior upper edge of the first abdominal (tail) segment to the tip of the closed tail. A lobster smaller than the minimum size limit must be returned immediately to the water unharmed. Subpart I—United States-Canada Fisheries Enforcement top Authority: 16 U.S.C. 1801 et seq. § 300.140 Purpose and scope. top This subpart implements the Agreement Between the Government of the United States of America and the Government of Canada on Fisheries Enforcement executed at Ottawa, Canada, on September 26, 1990 (Agreement), allowing each party to the Agreement to take appropriate measures, consistent with international law, to prevent its nationals, residents and vessels from violating those national fisheries laws and regulations of the other party. This subpart applies, except where otherwise specified in this subpart, to all persons and all places (on water and on land) subject to the jurisdiction of the United States under the Magnuson Act. This includes, but is not limited to, activities of nationals, residents and vessels of the United States (including the owners and operators of such vessels) within waters subject to the fisheries jurisdiction of Canada as defined in this subpart, as well as on the high seas and in waters subject to the fisheries jurisdiction of the United States. § 300.141 Definitions. top In addition to the terms defined in §300.2 and those in the Magnuson Act and the Agreement, the terms used in this subpart have the following meanings. If a term is defined differently in §300.2, the Magnuson Act, or the Agreement, the definition in this section applies. Applicable Canadian fisheries law means any Canadian law, regulation or similar provision relating in any manner to fishing by any fishing vessel other than a Canadian fishing vessel in waters subject to the fisheries jurisdiction of Canada, including, but not limited to, any provision relating to stowage of fishing gear by vessels passing through such waters, and to obstruction or interference with enforcement of any such law or regulation. Authorized officer of Canada means any fishery officer, protection officer, officer of the Royal Canadian Mounted Police, or other employee authorized by the appropriate authority of any national or provincial agency of Canada to enforce any applicable Canadian fisheries law. Canadian fishing vessel means a fishing vessel: (1) That is registered or licensed in Canada under the Canada Shipping Act and is owned by one or more persons each of whom is a Canadian citizen, a person resident and domiciled in Canada, or a corporation incorporated under the laws of Canada or of a province, having its principal place of business in Canada; or (2) That is not required by the Canada Shipping Act to be registered or licensed in Canada and is not registered or licensed elsewhere but is owned as described in paragraph (1) of this definition. Waters subject to the fisheries jurisdiction of Canada means the internal waters, territorial sea, and the zone that Canada has established, extending 200 nautical miles from its coasts, in which it exercises sovereign rights for the purpose of exploration, exploitation, conservation and management of living marine resources, to the extent recognized by the United States. § 300.142 Prohibitions. top The prohibitions in this section apply within waters subject to the fisheries jurisdiction of Canada and during hot pursuit therefrom by an authorized officer of Canada. It is unlawful for any national or resident of the United States, or any person on board a vessel of the United States, or the owner or operator of any such vessel, to do any of the following: (a) Engage in fishing in waters subject to the fisheries jurisdiction of Canada without the express authorization of the Government of Canada. (b) Take or retain fish in waters subject to the fisheries jurisdiction of Canada without the express authorization of the Government of Canada. (c) Be on board a fishing vessel in waters subject to the fisheries jurisdiction of Canada, without stowing all fishing gear on board either: (1) Below deck, or in an area where it is not normally used, such that the gear is not readily available for fishing; or (2) If the gear cannot readily be moved, in a secured and covered manner, detached from all towing lines, so that it is rendered unusable for fishing; unless the vessel has been authorized by the Government of Canada to fish in the particular location within waters subject to the fisheries jurisdiction of Canada in which it is operating. (d) While on board a fishing vessel in waters subject to the fisheries jurisdiction of Canada, fail to respond to any inquiry from an authorized officer of Canada regarding the vessel's name, flag state, location, route or destination, and/or the circumstances under which the vessel entered such waters. (e) Violate the Agreement, any applicable Canadian fisheries law, or the terms or conditions of any permit, license or any other authorization granted by Canada under any such law. (f) Fail to comply immediately with any of the enforcement and boarding procedures specified in §300.143. (g) Destroy, stave, or dispose of in any manner, any fish, gear, cargo or other matter, upon any communication or signal from an authorized officer of Canada, or upon the approach of such an officer, enforcement vessel or aircraft, before the officer has had the opportunity to inspect same, or in contravention of directions from such an officer. (h) Refuse to allow an authorized officer of Canada to board a vessel for the purpose of conducting any inspection, search, seizure, investigation or arrest in connection with the enforcement of any applicable Canadian fisheries law. (i) Assault, resist, oppose, impede, intimidate, threaten, obstruct, delay, prevent, or interfere, in any manner, with an authorized officer of Canada in the conduct of any boarding, inspection, search, seizure, investigation or arrest in connection with the enforcement of any applicable Canadian fisheries law. (j) Make any false statement, oral or written, to an authorized officer of Canada in response to any inquiry by that officer in connection with enforcement of any applicable Canadian fisheries law. (k) Falsify, cover, or otherwise obscure, the name, home port, official number (if any), or any other similar marking or identification of any fishing vessel subject to this subpart such that the vessel cannot be readily identified from an enforcement vessel or aircraft. (l) Attempt to do any of the foregoing. § 300.143 Facilitation of enforcement. top (a) General. Persons aboard fishing vessels subject to this subpart must immediately comply with instructions and/or signals issued by an authorized officer of the United States or Canada, or by an enforcement vessel or aircraft, to stop the vessel, and with instructions to facilitate safe boarding and inspection for the purpose of enforcing any applicable Canadian fisheries law, the Agreement, or this subpart. All of the provisions of §300.5 regarding communications, boarding, and signals apply to this subpart. For purposes of this subpart, authorized officer in §305 means an authorized officer of the United States or Canada. (See paragraph (b) of this section for specific requirements for complying with signals and instructions issued by an authorized officer of Canada.) (b) Canadian signals. In addition to signals set forth in §300.5, persons aboard fishing vessels subject to this subpart must immediately comply with the following signals by an authorized officer of Canada. (1) Authorized officers of Canada use the following signals to require fishing vessels to stop or heave to: (i) The hoisting of a rectangular flag, known as the International Code Flag “L”, which is divided vertically and horizontally into quarters and colored so that: (A) The upper quarter next to the staff and the lower quarter next to the fly are yellow; and (B) The lower quarter next to the staff and the upper quarter next to the fly are black; (ii) The flashing of a light to indicate the International Morse Code letter “L”, consisting of one short flash, followed by one long flash, followed by two short flashes (. — . .); or (iii) The sounding of a horn or whistle to indicate the International Morse Code letter “L”, consisting of one short blast, followed by one long blast, followed by two short blasts (. — . .). (2) Authorized officers of Canada use the following signals to require a fishing vessel to prepare to be boarded: (i) The hoisting of flags representing the International Code Flag “SQ3”; or (ii) The flashing of a light, or the sounding of a horn or whistle, to indicate the International Morse Code Signal “SQ3” (. . .——.—. . .——). § 300.144 Penalties and sanctions. top Any person, any fishing vessel, or the owner or operator of any such vessel, who violates any provision of the Agreement or this subpart, is subject to the civil and criminal fines, penalties, forfeitures, permit sanctions, or other sanctions provided in the Magnuson Act, part 600 of this title, 15 CFR part 904 (Civil Procedures), and any other applicable law or regulation. Subpart J—U.S. Nationals Fishing in Russian Fisheries top Authority: 16 U.S.C. 1801 et seq. § 300.150 Purpose. top This subpart regulates U.S. nationals fishing in the Russian fisheries and implements the Agreement between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics on Mutual Fisheries Relations, signed May 31, 1988. § 300.151 Definitions. top In addition to the terms defined in §300.2 and those in the Magnuson Act, the terms used in this subpart have the following meanings. If a term is defined differently in §300.2 or the Magnuson Act, the definition in this section shall apply. Affiliates means two persons (including individuals and entities) related in such a way that— (1) One indirectly or directly controls or has power to control the other; or (2) A third party controls or has power to control both. Indicia of control include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, or a reorganized entity having the same or similar management, ownership, or employees as a former entity. Agreement means the Agreement Between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics on Mutual Fisheries Relations, signed May 31, 1988. Embassy of the Russian Federation means the Fisheries Attache of the embassy located in Washington, D.C. Fishery resource means any fish, any stock of fish, any species of fish, and any habitat of fish. Fishing or to fish means any activity that does, is intended to, or can reasonably be expected to result in catching or removing from the water fishery resources. Fishing also includes the acts of scouting, processing, and support. Operator, with respect to any vessel, means the master or other individual on board and in charge of either the vessel, the vessel's fishing operation, or both. Owner, with respect to any vessel, means any person who owns that vessel in whole or in part, whether or not it is leased or chartered to or managed by another person, or any charterer, whether bareboat, time, or voyage, and any person who acts in the capacity of a charterer, or manager, including but not limited to parties to a management agreement, operating agreement, or any similar agreement that bestows control over the destination, function, or operation of the vessel, any officer, director, manager, controlling shareholder of any entity described in this definition, any agent designated as such by any person described in this definition, and any affiliate of any person described in this definition. Processing means any operation by a vessel to receive fish from a fishing vessel and/or the preparation of fish, including but not limited to cleaning, cooking, canning, smoking, salting, drying, or freezing, either on the vessel's behalf or to assist another vessel. Regional Administrator means Director, Alaska Region, or a designee. Relevant laws and regulations of the Russian Federation means those Russian laws and regulations that concern fishing for fishery resources over which Russia exercises sovereign rights or fishery management authority. Russian and Federation mean the Russian Federation, its government, or any organ or entity of its government. Russian continental shelf or continental shelf of Russia means the seabed and subsoil of the submarine areas over which, consistent with international law, Russia exercises sovereign rights. Russian Economic Zone or Russian EZ means a zone of waters off the coast of Russia beyond and adjacent to the Russian territorial sea extending a distance of up to 200 nautical miles from the baseline from which the territorial sea is measured, within which, consistent with international law, Russia has sovereign rights over the fishery resources. Russian Federation or Russia means the governing entity that succeeded the Union of Soviet Socialist Republics, and that is the successor party to the Agreement of May 31, 1988. Russian fisheries, Russian fishery resources, or fishery resources over which Russia exercises sovereign rights or fishery management authority means fishery resources within the Russian EZ, fishery resources of the Russian continental shelf, and anadromous species that originate in the waters of Russia, whether found in the Russian EZ or beyond any exclusive economic zone or its equivalent. Scouting means any operation by a vessel exploring (on behalf of the vessel or another vessel) for the presence of fish by any means that do not involve the catching of fish. Support means any operation by a vessel assisting fishing by another vessel, including— (1) Transferring or transporting fish or fish products; or (2) Supplying a fishing vessel with water, fuel, provisions, fishing equipment, fish processing equipment, or other supplies. § 300.152 Procedures. top (a) Application for annual permits. U.S. vessel owners and operators must have a valid permit issued by the Russian Federation obtained pursuant to a complete application submitted through NMFS before fishing in the Russian EZ or for Russian fishery resources. Application forms and copies of applicable laws and regulations of the Russian Federation may be obtained from NMFS Headquarters. (b) Other application information. Applications for motherships, processing or transport vessels must identify the type of fishing gear to be employed or the fishing quotas if the vessel has received or is requesting a quota. To facilitate processing, NMFS requests that permit applications for more than 10 vessels be grouped by type and fishing area, and provide the name, address, telephone, and FAX number(s) of an individual who will be the official point of contact for an application. (c) Review of Applications. NMFS will review each application, and, if it is complete, forward it to the Department of State for submission to the competent authorities of the Russian Federation. NMFS will notify the permit applicant when the permit is submitted to the Russian Federation. NMFS will return incomplete applications to the applicant. (d) Direct Communication. U.S. applicants may communicate directly with the Russian Federation with regard to the status of their applications or permits and are encouraged to do so. Owners and operators should make direct contact and work with Russian industry and government authorities. § 300.153 Permit issuance. top (a) Acceptance. Once the Department of State has accepted the conditions and restrictions proposed by the Russian Federation and all fees have been paid, the competent authorities of the Russian Federation will approve the application. The Russian Federation will issue a permit to the vessel owner for each fishing vessel for which it has approved an application. That vessel will thereupon be authorized by the Russian Federation to fish in accordance with the Agreement and the terms and conditions set forth in the permit. The vessel owner is prohibited from transferring the permit to any other vessel or person. Any such transfer, or the sale or other transfer of the vessel, will immediately invalidate the permit. The vessel owner must notify NMFS of any change in the permit application information submitted to NMFS Headquarters under §300.152 within 7 calendar days of the change. (b) Copies. The vessel owner and operator must mail a copy of each permit and any conditions and restrictions issued for that vessel by the Russian Federation within 7 calendar days of its receipt to NMFS Headquarters. (c) Validity. Any permit issued by the Russian Federation with respect to a vessel subject to this subpart will be deemed to be a valid permit only if: (1) A completed permit application has been forwarded to the competent authorities of the Russian Federation as provided in §300.152(b)(1). (2) Such application has been approved and a permit issued by the competent authorities of the Russian Federation as provided in paragraph (a) of this section. (3) The U.S. Department of State has notified the competent authorities of the Russian Federation that it has accepted the conditions and restrictions as provided in paragraph (a) of this section. The permit will be rendered invalid by: The transfer or sale of the permit specified in paragraph (a) of this section; the failure to submit to NMFS any changes in permit application information as required by paragraph (a) of this section; failure to submit to NMFS any permit copy required by paragraph (b) of this section or any other information or report required by any other provision of this subpart; or the failure to pay required permit fees. (d) Russian-imposed sanctions. (1) The Russian Federation will impose appropriate fines, penalties, or forfeitures in accordance with its laws, for violations of its relevant laws or regulations. (2) In the case of arrest and seizure of a U.S. vessel by Russian authorities, notification will be given promptly through diplomatic channels informing the United States of the facts and actions taken. (3) The Russian Federation will release U.S. vessels and their crews promptly, subject to the posting of reasonable bond or other security. (4) The sanctions for violations of limitations or restrictions on fishing operations will be appropriate fines, penalties, forfeitures, or revocations or suspensions of fishing privileges. § 300.154 Recordkeeping and reporting. top (a) General. The owner and operator of a vessel subject to this subpart are responsible for complying with all recordkeeping and reporting requirements in this part in a timely and accurate manner. Reports and records required by this subpart must be in English, in the formats specified, and unless otherwise specified, based on Greenwich mean time (GMT). (b) Vessel permit abstract report. (1) The owner and operator of a vessel subject to this subpart must submit to NMFS Headquarters a permit abstract report containing the following information: (i) Vessel name. (ii) Russian Federation permit number. (iii) Duration of permit (e.g., 1/1/91–12/31/91). (iv) Authorized areas of fishing operations in geographic coordinates. (v) Authorized catch quota in tons. (vi) Authorized fishing gear. (vii) Type of permit (e.g., catcher). (2) The report must be telefaxed to (301) 713–0596 within 5 calendar days of receipt of the Russian permit. (c) Activity reports. The owner and operator of a vessel subject to this subpart must submit to the Regional Administrator by telefax to (907) 586–7313, the following reports: (1) Depart Report (Action code DEPART). At least 24 hours before the vessel departs from the EEZ for the Russian EZ, NMFS must receive the following information: (i) The date (month and day), and time (hour and minute GMT), and position (latitude and longitude to the nearest degree and minute), at which the vessel will depart the EEZ for the Russian EZ. (ii) The weight in metric tons (to the nearest hundredth of a metric ton) of all fish and fish product (listed by species and product codes) on board the vessel at the time it will depart the EEZ. (2) Return Report (Action code RETURN). At least 24 hours before a vessel that has been in the Russian EZ enters the EEZ, NMFS must receive the following information: (i) The date (month and day), time (hour and minute GMT), and position (latitude and longitude to the nearest degree and minute), at which the vessel will enter the EEZ. (ii) The weight in metric tons (to the nearest hundredth of a metric ton) of all fish and fish products (listed by species and product codes) on board the vessel at the time it will enter the EEZ, and the areas (Russian EZ, U.S. EEZ, or other) in which such fish products were harvested or received. (3) All reports must specify: The appropriate action code (“DEPART” or “RETURN”); the vessel's name and international radio call sign (IRCS); the sender's name and telephone number, and FAX, TELEX, and COMSAT numbers; the date (month and day) and time (hour and minute GMT) that the report is submitted to NMFS; and the intended date and U.S. port of landing. A list of species and product codes may be obtained from the Regional Administrator. (d) Recordkeeping. The owner and operator of a vessel subject to this subpart must retain all copies of all reports required by this subpart on board the vessel for 1 year after the end of the calendar year in which the report was generated. The owner and operator must retain and make such records available for inspection upon the request of an authorized officer at any time for 3 years after the end of the calendar year in which the report was generated, whether or not such records on board the vessel. § 300.155 Requirements. top (a) Compliance with permit requirements. (1) U.S. nationals and vessels subject to this subpart must have a valid permit, as specified in §300.153(c) in order to fish for Russian fishery resources. (2) U.S. nationals and vessels subject to this subpart that are fishing for Russian fishery resources must comply with all provisions, conditions, and restrictions of any applicable permit. (b) Compliance with Russian law. U.S. nationals and vessels fishing for Russian fishery resources must comply with the relevant laws and regulations of the Russian Federation. (c) Protection of marine mammals. U.S. nationals and vessels fishing for Russian fishery resources may not harass, hunt, capture, or kill any marine mammal within the Russian EZ, attempt to do so, except as may be provided for by an international agreement to which both the United States and Russia are parties, or in accordance with specific authorization and controls established by the Russian Federation. The provisions of the Marine Mammal Protection Act (MMPA), 16 U.S.C. 1361 et seq. also apply to any person or vessel subject to the jurisdiction of the United States while in the Russian EZ, and it shall not be a defense to any violation of the MMPA that the person or vessel was acting in accordance with any permit or authorization issued by the Russian Federation. (d) Cooperation with enforcement procedures. (1) The operator of, or any person aboard, any U.S. vessel subject to this subpart must immediately comply with instructions and signals issued by an authorized officer of the Russian Federation to stop the vessel and with instructions to facilitate safe boarding and inspection of the vessel, its gear, equipment, fishing record, and catch for purposes of enforcing the relevant laws and regulations of Russia. (2) The operator of, and any person aboard, any U.S. vessel subject to this subpart, must comply with directions issued by authorized officers of the Russian Federation in connection with the seizure of the vessel for violation of the relevant laws or regulations of the Russian Federation. (3) U.S. nationals and vessels subject to this subpart must pay all fines and penalties and comply with forfeiture sanctions imposed by the Russian Federation for violations of its relevant laws and regulations. (4) The operator of, and any person aboard, any U.S. vessel subject to this subpart must immediately comply with instructions and signals issued by an authorized officer of the United States to stop the vessel and with instructions to facilitate safe boarding and inspection of the vessel, its gear, equipment, fishing records, and catch for purposes of enforcing the Magnuson Act, the Agreement, and this subpart. (e) Compliance with observer requirements. The owner of, operator of, and any person aboard, any U.S. vessel fishing in the Russian EZ or for Russian fishery resources to which a Russian observer is assigned must— (1) Allow and facilitate, on request, boarding of a U.S. vessel by the observer. (2) Provide to the observer, at no cost to the observer or the Russian Federation, the courtesies and accommodations provided to ship's officers. (3) Cooperate with the observer in the conduct of his or her official duties. (4) Reimburse the Russian Federation for the costs of providing an observer aboard the vessel. § 300.156 Prohibited acts. top In addition to the prohibited acts specified at §300.4, it shall be unlawful for any U.S. national or vessel, or the owner or operator of any such vessel: (a) To fish for Russian fishery resources without a valid permit issued by the competent authorities of the Russian Federation. (b) To violate the provisions, conditions, and restrictions of an applicable permit. (c) To violate the relevant laws and regulations of Russia. (d) To harass, hunt, capture, or kill any marine mammal within the Russian EZ, or while fishing for Russian fishery resources, except as provided in §300.155 (c). (e) To fail to comply immediately with enforcement and boarding procedures specified in §300.155 (d). (f) To refuse to allow an authorized officer of the Russian Federation to board and inspect a vessel subject to this subpart for purposes of conducting any search, inspection, arrest, or seizure in connection with the enforcement of the relevant laws and regulations of the Russian Federation. (g) To assault, resist, oppose, impede, intimidate, threaten, or interfere with, in any manner, any authorized officer of the Russian Federation in the conduct of any search, inspection, seizure, or arrest in connection with enforcement of the relevant laws and regulations of the Russian Federation. (h) To fail to pay fines or penalties or comply with forfeitures imposed for a violation of the relevant laws and regulations of the Russian Federation. (i) To refuse or fail to allow a Russian observer to board a vessel subject to this subpart while fishing in the Russian EZ, or for Russian fishery resources. (j) To fail to provide to a Russian observer aboard a vessel fishing in the Russian EZ or for Russian fishery resources, the courtesies and accommodations provided to ship's officers. (k) To assault, resist, oppose, impede, intimidate, threaten, interfere with, harass, or fail to cooperate, in any manner, with a Russian observer placed aboard a vessel subject to this subpart. (l) To fail to reimburse the Russian Federation for the costs incurred in the utilization of Russian observers placed aboard such vessel. (m) To possess, have custody or control of, ship, transport, offer for sale, sell, purchase, transship, import, export, or traffic in any manner, any fish or parts thereof taken or retained, landed, purchased, sold, traded, acquired, or possessed, in any manner, in violation of the relevant laws and regulations of the Russian Federation, the Magnuson Act, or this subpart. (n) To enter the Russian EZ to fish unless a permit application has been submitted through NMFS to the competent authorities of the Russian Federation by the U.S. Department of State for such vessel as provided in this subpart. (o) To fish for Russian fisheries or to possess fish taken in Russian fisheries on board a vessel subject to this subpart without a valid permit or other valid form of authorization issued by the competent authorities of the Russian Federation on board the vessel. (p) To falsify, or fail to report to NMFS, any change in the information contained in a permit application subject to this subpart within 7 calendar days of such change. (q) To attempt to do, cause to be done, or aid and abet in doing, any of the foregoing. (r) To violate any other provision of this subpart. § 300.157 Penalties. top In addition to any fine, penalty, or forfeiture imposed by the Russian Federation, nationals and vessels of the United States violating the prohibitions of §300.156 are subject to the fines, penalties, and forfeitures and the adjudicative procedures provided in the Magnuson Act, 16 U.S.C. 1858, 1860, 1861, and any other applicable laws and regulations of the United States. Subpart K—Transportation and Labeling of Fish or Wildlife top Authority: 16 U.S.C. 3371–3378. § 300.160 Requirement for marking of containers or packages. top Except as otherwise provided in this subpart, all persons are prohibited from importing, exporting, or transporting in interstate commerce any container or package containing any fish or wildlife (including shellfish) unless each container or package is conspicuously marked on the outside with both the name and address of the shipper and consignee and an accurate list of its contents by species and number of each species. § 300.161 Alternatives and exceptions. top (a) The requirements of §300.160 may be met by complying with one of the following alternatives to the marking requirement: (1)(i) Conspicuously marking the outside of each container or package containing fish or wildlife with the word “fish” or “wildlife” as appropriate for its contents, or with the common name of its contents by species, and (ii) Including an invoice, packing list, bill of lading, or similar document to accompany the shipment that accurately states the name and address of the shipper and consignee, states the total number of packages or containers in the shipment, and for each species in the shipment specifies: The common name that identifies the species (examples include: chinook (or king) salmon; bluefin tuna; and whitetail deer); and the number of that species (or other appropriate measure of quantity such as gross or net weight). The invoice, packing list, bill of lading, or equivalent document must be securely attached to the outside of one container or package in the shipment or otherwise physically accompany the shipment in a manner that makes it readily accessible for inspection; or (2) Affixing the shipper's wildlife import/export license number preceded by “FWS” on the outside of each container or package containing fish or wildlife if the shipper has a valid wildlife import/export license issued under authority of part 14 of this title. For each shipment marked in accordance with this paragraph (a)(2), the records maintained under §14.93(d) of this title must include a copy of the invoice, packing list, bill of lading, or other similar document that accurately states the information required by paragraph (a)(1)(ii) of this section. (3) In the case of subcontainers or packages within a larger packing container, only the outermost container must be marked in accordance with this section, provided, that for live fish or wildlife that are packed in subcontainers within a larger packing container, if the subcontainers are numbered or labeled, the packing list, invoice, bill of lading, or other similar document, must reflect that number or label. (4) A conveyance (truck, plane, boat, etc.) is not considered a container for purposes of requiring specific marking of the conveyance itself, provided that: (i) The fish or wildlife within the conveyance is carried loosely or is readily identifiable, and is accompanied by the document required by paragraph (a)(1)(ii) of this section; or (ii) The fish or wildlife is otherwise packaged and marked in accordance with this subpart. (b) The requirements of §300.160 of chapter III of this title do not apply to containers or packages containing— (1) Fox, nutria, rabbit, mink, chinchilla, marten, fisher, muskrat, and karakul that have been bred and born in captivity, or their products, if a signed statement certifying that the animals were bred and born in captivity accompanies the shipping documents; (2) Fish or shellfish contained in retail consumer packages labeled pursuant to the Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq.; or (3) Fish or shellfish that are landed by, and offloaded from, a fishing vessel (whether or not the catch has been carried by the fishing vessel interstate), as long as the fish or shellfish remain at the place where first offloaded. Subpart L—Pacific Albacore Tuna Fisheries top Authority: Sec. 401, Pub. L. 108-219, 118 Stat. 616 (16 U.S.C. 1821 note). Source: 69 FR 31535, June 4, 2004, unless otherwise noted. § 300.170 Purpose and scope. top The regulations in this subpart govern fishing by U.S. vessels in waters under the fisheries jurisdiction of Canada pursuant to the 1981 Treaty Between the Government of the United States of America and the Government of Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges as amended in 2002. Regulations governing fishing by Canadian vessels in waters under the fisheries jurisdiction of the United States pursuant to this Treaty as amended in 2002 are found at §600.530 of chapter VI of this title. § 300.171 Definitions. top In addition to the definitions in the Magnuson-Stevens Fishery Conservation and Management Act and §600.10 of Chapter VI of this title, the terms used in this subpart have the following meanings: Fishing under the Treaty as amended in 2002 means to engage in fishing for albacore tuna in waters under the fisheries jurisdiction of Canada seaward of 12 nautical miles from the baseline from which the territorial sea is measured. Regional Administrator means the Regional Administrator, Southwest Region, NMFS, 501 W. Ocean Boulevard, Suite 4200, Long Beach, CA 90802–4213, or a designee. Reporting Office means the office designated by the Regional Administrator to take hail-in and hail-out reports from U.S. and Canadian vessel operators. Treaty means the 1981 Treaty Between the Government of the United States of America and the Government of Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges as amended in 2002. § 300.172 Vessel list. top The “vessel list” is the list of U.S. vessels that are authorized to fish under the Treaty as amended in 2002. Only a vessel on the list for at least 7 days may engage in fishing in Canadian waters under the Treaty as amended in 2002. At least 7 (seven) days prior to the first day on which any fishing in Canadian waters may begin, the owner of any U.S. vessel that wishes to be eligible to fish for albacore tuna under the Treaty as amended in 2002 must provide the Regional Administrator or his designee with the vessel name, the owner's name and address, phone number where the owner can be reached, the U.S. Coast Guard documentation number (or state registration number if not documented), and vessel operator (if different from the owner) and his or her address and phone number. NMFS will then place the vessel on the vessel list. § 300.173 Vessel identification. top A U.S. vessel fishing under the Treaty as amended in 2002 must be marked with its name and vessel identification prominently displayed where they will be clearly visible both from the air and from a surface vessel. Vessel identification means the U.S. Coast Guard Documentation number (or if not documented, the state registration number) followed by the letter U in the same height and size as the numerals. Numerals and the letter U must meet the size requirements of §660.704 of chapter VI of this title. § 300.174 Logbook reports. top The owner of any U.S. vessel that fishes for albacore tuna in Canadian waters under the Treaty as amended in 2002 must maintain and submit to the Regional Administrator a logbook of catch and effort of such fishing. The logbook form will be provided to the vessel owner as soon as practicable after the request to be placed on the list of vessels. The logbook must be submitted to the Regional Administrator within 15 days of the end of a trip, regardless of whether the trip ends by reentry to U.S. waters or entry to Canada's territorial sea, other Canadian waters in which fishing is not permitted, or a Canadian port. If the departure is due to exit to the high seas, the vessel operator must submit the logbook within 7 days of its next landing. § 300.175 Hail-in and hail-out reports. top (a) The operator of any U.S. vessel that wishes to engage in fishing in waters under the fisheries jurisdiction of Canada must file a hail-in report to the Reporting Office at least 24 hours prior to engaging in fishing in such waters. (b) The operator of a U.S. vessel that has been fishing under the Treaty as amended in 2002 must file a hail-out report to the Reporting Office within 24 hours of departing waters under the fisheries jurisdiction of Canada. § 300.176 Prohibitions. top It is prohibited for the owner or operator of a U.S. fishing vessel to: (a) Engage in fishing in waters under the fisheries jurisdiction of Canada if: (1) The vessel has not been on the list of fisheries pursuant to §300.172 for at least 7 days; (2) The vessel is not clearly marked as required under §300.173; (3) The vessel operator has not filed a hail-in report with the Reporting Office as required under §300.175(a); or (4) The Regional Administrator has announced that the U.S. limit on fishing under the Treaty as amended in 2002 has been reached. (b) Fail to maintain and submit logbook records of catch and effort statistics as required under §300.174; (c) Fail to report an exit from waters under the fisheries jurisdiction of Canada as required by §300.175(b). Subpart M—International Trade Documentation and Tracking Programs for Highly Migratory Species top Authority: 16 U.S.C. 951–961 and 971 et seq.; 16 U.S.C. 1801 et seq. Source: 69 FR 67277, Nov. 17, 2004, unless otherwise noted. § 300.180 Purpose and scope. top The regulations in this subpart are issued under the authority of the Atlantic Tunas Convention Act of 1975 (ATCA), Tuna Conventions Act of 1950, and Magnuson-Stevens Act. The regulations implement the recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT) for the conservation and management of tuna and tuna-like species in the Atlantic Ocean and of the Inter-American Tropical Tuna Commission (IATTC) for the conservation and management of highly migratory fish resources in the Eastern Tropical Pacific Ocean, so far as they affect vessels and persons subject to the jurisdiction of the United States. § 300.181 Definitions. top Atlantic bluefin tuna means the species Thunnus thynnus found in the Atlantic Ocean. Bigeye tuna means the species Thunnus obesus found in any ocean area. Bluefin tuna, for purposes of this subpart, means Atlantic and Pacific bluefin tuna, as defined in this section. BSD tag means a numbered tag affixed to a bluefin tuna issued by any country in conjunction with a catch statistics information program and recorded on a bluefin tuna statistical document (BSD). CBP means the U.S. Customs and Border Protection. CCSBT means the Commission for the Conservation of Southern Bluefin Tuna established pursuant to the Convention for the Conservation of Southern Bluefin Tuna. Customs territory of the United States has the same meaning as in 19 CFR 101.1 and includes only the States, the District of Columbia, and Puerto Rico. Dealer tag means the numbered, flexible, self-locking ribbon issued by NMFS for the identification of Atlantic bluefin tuna sold to a dealer permitted under §635.4 of this title as required under §635.5(b) of this title. Entered for consumption has the same meaning as in 19 CFR 141.0a(f) and generally refers to the filing of an entry summary for consumption with customs authorities, in proper form, with estimated duties attached. Entry for consumption, for purposes of this subpart, has the same meaning as entry for consumption, withdrawal from warehouse for consumption, or entry for consumption of merchandise from a foreign trade zone, as provided under 19 CFR parts 101.1, 141, 144, and 146. For purposes of this subpart, “entry for consumption” generally means an import into the Customs territory of the United States or the separate customs territory of a U.S. insular possession, for domestic use, that is classified for customs purposes in the “consumption” category (entry type codes 00–08) or withdrawal from warehouse or foreign trade zone for consumption category (entry type codes 30–34 and 38). For purposes of this subpart, HMS destined from one foreign country to another, which transits the Customs territory of the United States or the separate customs territory of a U.S. insular possession, and is not classified as an entry for consumption upon release from CBP or other customs custody, is not an entry for consumption under this definition. Entry number, for purposes of this subpart, means the unique number/identifier assigned by customs authorities for each entry into a customs territory. For CBP, the entry number is assigned at the time of filing an entry summary (CBP Form 7501 or equivalent electronic filing) for entries into the Customs territory of the United States. Export, for purposes of this subpart, means to effect exportation. Exportation has the same general meaning as 19 CFR 101.1 and generally refers to a severance of goods from the mass of things belonging to one country with the intention of uniting them to the mass of things belonging to some foreign country. For purposes of this subpart, a shipment between the United States and its insular possessions is not an export. Exporter, for purposes of this subpart, is the principal party in interest, meaning the party that receives the primary benefit, monetary or otherwise, of the export transaction. For exports from the United States, the exporter is the U.S. principal party in interest, as identified in Part 30 of title 15 of the CFR. An exporter is subject to the requirements of this subpart, even if exports are exempt from statistical reporting requirements under Part 30 of title 15 of the CFR. Finlet means one of the small individual fins on a tuna located behind the second dorsal and anal fins and forward of the tail fin. Fish or fish products regulated under this subpart means bluefin tuna, frozen bigeye tuna, southern bluefin tuna and swordfish and all such products of these species except parts other than meat (e.g., heads, eyes, roe, guts, and tails). IATTC means the Inter-American Tropical Tuna Commission, established pursuant to the Convention for the Establishment of an Inter-American Tropical Tuna Commission. ICCAT means the International Commission for the Conservation of Atlantic Tunas established pursuant to the International Convention for the Conservation of Atlantic Tunas. Import, for purposes of this subpart, generally means the act of bringing or causing any goods to be brought into the customs territory of a country with the intent to unlade them. For purposes of this subpart, goods brought into the United States from a U.S. insular possession, or vice-versa, are not considered imports. Importer, for purposes of this subpart, means the principal party responsible for the import of product into a country. For imports into the United States, and for purposes of this subpart, “importer” means the consignee as identified on entry documentation or any authorized, equivalent electronic medium required for release of shipments from the customs authority of the United States or the separate customs territory of a U.S. insular possession. If a consignee is not declared, then the importer of record is considered to be the consignee. Insular possession of the United States or U.S. insular possession, for purposes of this subpart, means the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, and other possessions listed under 19 CFR 7.2, that are outside the customs territory of the United States. Intermediate country means a country that exports to another country HMS previously imported as an entry for consumption by that nation. A shipment of HMS through a country on a through bill of lading, or in another manner that does not enter the shipment into that country as an entry for consumption, does not make that country an intermediate country under this definition. IOTC means the Indian Ocean Tuna Commission established pursuant to the Agreement for the Establishment of the Indian Ocean Tuna Commission approved by the Food and Agriculture Organization (FAO) Council of the United Nations. Pacific bluefin tuna means the species Thunnus orientalis found in the Pacific Ocean. Permit holder, for purposes of this subpart, means, unless otherwise specified, a person who obtains a trade permit under §300.182. Re-export, for purposes of this subpart, means the export of goods that were previously entered for consumption into the customs territory of a country. RFMO, as defined under this subpart, means regional fishery management organization, including CCSBT, IATTC, ICCAT, or IOTC. Separate customs territory of a U.S. insular possession means the customs territory of a U.S. insular possession when that possession's customs territory is not a part of the Customs territory of the United States. Southern bluefin tuna means the species Thunnus maccoyii found in any ocean area. Swordfish means the species Xiphias gladius that is found in any ocean area. Tag means either a dealer tag or a BSD tag. Trade permit means the HMS international trade permit under §300.182. § 300.182 HMS international trade permit. top (a) General. A person entering for consumption, exporting, or re-exporting fish or fish products regulated under this subpart from any ocean area must possess a valid trade permit issued under this section. Importation of fish or fish products regulated under this subpart by nonresident corporations is restricted to those entities authorized under 19 CFR 141.18. (b) Application. A person must apply for a permit in writing on an appropriate form obtained from NMFS. The application must be completed, signed by the applicant, and submitted with required supporting documents, at least 30 days before the date upon which the permit is made effective. Application forms and instructions for their completion are available from NMFS. (c) Issuance. (1) Except as provided in subpart D of 15 CFR part 904, NMFS will issue a permit within 30 days of receipt of a completed application. (2) NMFS will notify the applicant of any deficiency in the application, including failure to provide information or reports required under this subpart. If the applicant fails to correct the deficiency within 30 days following the date of notification, the application will be considered abandoned. (d) Duration. Any permit issued under this section is valid until December 31 of the year for which it is issued, unless suspended or revoked. (e) Alteration. Any permit that is substantially altered, erased, or mutilated is invalid. (f) Replacement. NMFS may issue replacement permits. An application for a replacement permit is not considered a new application. An appropriate fee, consistent with paragraph (j) of this section, may be charged for issuance of a replacement permit. (g) Transfer. A permit issued under this section is not transferable or assignable; it is valid only for the permit holder to whom it is issued. (h) Inspection. The permit holder must keep the permit issued under this section at his/her principal place of business. The permit must be displayed for inspection upon request of any authorized officer, or any employee of NMFS designated by NMFS for such purpose. (i) Sanctions. The Assistant Administrator may suspend, revoke, modify, or deny a permit issued or sought under this section. Procedures governing permit sanctions and denials are found at subpart D of 15 CFR part 904. (j) Fees. NMFS may charge a fee to recover the administrative expenses of permit issuance. The amount of the fee is calculated, at least annually, in accordance with the procedures of the NOAA Finance Handbook, available from NMFS, for determining administrative costs of each special product or service. The fee may not exceed such costs and is specified on each application form. The appropriate fee must accompany each application. Failure to pay the fee will preclude issuance of the permit. Payment by a commercial instrument later determined to be insufficiently funded shall invalidate any permit. (k) Change in application information. Within 30 days after any change in the information contained in an application submitted under this section, the permit holder must report the change to NMFS in writing. If a change in permit information is not reported within 30 days, the permit is void as of the 31 st day after such change. (l) Renewal. Persons must apply annually for a trade permit issued under this section. A renewal application must be submitted to NMFS, at an address designated by NMFS, at least 30 days before the permit expiration date to avoid a lapse of permitted status. NMFS will renew a permit provided that: the application for the requested permit is complete; all reports required under the Magnuson-Stevens Act, ATCA, and the Tuna Conventions Act of 1950 have been submitted, including those required under §§300.183, 300.185, 300.186, and 300.187 and §635.5 of this title; and the applicant is not subject to a permit sanction or denial under paragraph (i) of this section. § 300.183 Permit holder reporting and recordkeeping requirements. top (a) Biweekly reports. Any person issued a trade permit under §300.182 must submit to NMFS, on forms supplied by NMFS, a biweekly report of imports entered for consumption, exports, and re-exports of fish or fish products regulated under this subpart. (1) The report required to be submitted under paragraph (a) of this section must be postmarked within 10 days after the end of each biweekly reporting period in which fish or fish products regulated under this subpart were entered for consumption, exported, or re-exported. The bi-weekly reporting periods are defined as the first day to the 15th day of each month and the 16th day to the last day of each month. (2) Each report must specify accurately and completely the requested information for each shipment of fish or fish products regulated under this subpart that is entered for consumption, exported, or re-exported. (b) Recordkeeping. Any person issued a trade permit under §300.182 must retain at his/her principal place of business a copy of each biweekly report and supporting records for a period of 2 years from the date on which each report was submitted to NMFS. (c) Other reporting and recordkeeping requirements. Any person issued a trade permit is also subject to the reporting and recordkeeping requirements identified in §300.185. (d) Inspection. Any person authorized to carry out the enforcement activities under the regulations in this subpart has the authority, without warrant or other process, to inspect, at any reasonable time: fish or fish products regulated under this subpart, biweekly reports, statistical documents, re-export certificates, relevant sales receipts, import and export documentation, or other records and reports required by this subpart to be made, retained, or submitted. A permit holder must allow NMFS or an authorized person to inspect and copy, for any fish or fish products regulated under this subpart, any import and export documentation and any reports required under this subpart, and the records, in any form, on which the completed reports are based, wherever they exist. Any agent of a person issued a trade permit under this part, or anyone responsible for importing, exporting, storing, packing, or selling fish or fish products regulated under this subpart, shall be subject to the inspection provisions of this section. § 300.184 Species subject to documentation requirements. top The following fish or fish products are subject to the documentation requirements of this subpart regardless of ocean area of catch. (a) Bluefin tuna. (1) Documentation is required for bluefin tuna products including those identified by the following subheading numbers from the Harmonized Tariff Schedule of the United States (HTS): (i) Fresh or chilled bluefin tuna (No. 0302.35.00.00) excluding fillets and other fish meat of HTS heading 0304. (ii) Frozen bluefin tuna (No. 0303.45.00.00), excluding fillets and other fish meat of HTS heading 0304. (2) In addition, bluefin tuna products in other forms (e.g., chunks, fillets, and products in airtight containers) that may be classified under any other HTS heading/subheading numbers are subject to the documentation requirements of this subpart, except that fish parts other than meat (e.g., heads, eyes, roe, guts, and tails) may be imported without said documentation. (b) Southern bluefin tuna. (1) Documentation is required for southern bluefin tuna products including those identified by the following subheading numbers from the HTS: (i) Fresh or chilled southern bluefin tuna (No. 0302.36.00.00), excluding fillets and other fish meat of HTS heading 0304. (ii) Frozen southern bluefin tuna (No. 0303.46.00.00), excluding fillets and other fish meat of HTS heading 0304. (2) In addition, southern bluefin tuna products in other forms (e.g., chunks, fillets, products in airtight containers) that may be classified under any other HTS heading/subheading numbers are subject to the documentation requirements of this subpart, except that fish parts other than meat (e.g., heads, eyes, roe, guts, and tails) may be imported without said documentation. (c) Bigeye tuna. (1) Documentation is required for frozen bigeye tuna products including those identified by the following subheading numbers from the HTS: (i) Frozen bigeye tuna (No. 0303.44.00.00), excluding fillets and other fish meat of HTS heading 0304. (ii) [Reserved] (2) In addition, frozen bigeye tuna products in other forms (e.g., chunks and fillets) that may be classified under any other HTS heading/subheading numbers are subject to the documentation requirements of this subpart, except that frozen fish parts other than meat (e.g., heads, eyes, roe, guts, and tails), may be imported without said documentation. (3) Bigeye tuna caught by purse seiners and pole and line (bait) vessels and destined for canneries within the United States, including all U.S. commonwealths, territories, and possessions, may be imported without the documentation required under this subpart. (d) Swordfish. (1) Documentation is required for swordfish products including those identified by the following subheading numbers from the HTS: (i) Fresh or chilled swordfish, steaks (No. 0302.69.20.41). (ii) Fresh or chilled swordfish, excluding fish fillets, steaks, and other fish meat (No. 0302.69.20.49). (iii) Frozen swordfish, steaks (No. 0303.79.20.41). (iv) Frozen swordfish, excluding fillets, steaks and other fish meat (No. 0303.79.20.49). (v) Fresh, chilled or frozen swordfish, fillets and other fish meat (No. 0304.20.60.92). (2) In addition, swordfish products in other forms (e.g., chunks, fillets, and products in airtight containers) that may be classified under any other HTS heading/subheading numbers, are subject to the documentation requirements of this subpart, except that fish parts other than meat (e.g., heads, eyes, roe, guts, tails) may be allowed entry without said statistical documentation. § 300.185 Documentation, reporting and recordkeeping requirements for statistical documents and re-export certificates. top (a) Imports—(1) Applicability of requirements. The documentation requirements in paragraph (a)(2) of this section apply to all imports of fish or fish products regulated under this subpart into the Customs territory of the United States, except when entered as a product of an American fishery landed overseas (HTS heading 9815). For insular possessions with customs territories separate from the Customs territory of the United States, documentation requirements in paragraph (a)(2) of this section apply only to entries for consumption. The reporting requirements of paragraph (a)(3) of this section do not apply to fish products destined from one foreign country to another which transit the United States or a U.S. insular possession and are designated as an entry type other than entry for consumption as defined in §300.181. (2) Documentation requirements. (i) All fish or fish products regulated under this subpart, imported into the customs territory of the United States or entered for consumption into a separate customs territory of a U.S. insular possession, must, at the time of presenting entry documentation for clearance by customs authorities (e.g., CBP Forms 7533 or 3461 or other documentation required by the port director) be accompanied by an original, completed, approved, validated, species-specific statistical document with the required information and exporter's certification completed as specified in §300.186. Customs forms can be obtained by contacting the local CBP port office; contact information is available at www.cbp.gov. For a U.S. insular possession, contact the local customs office for any forms required for entry. (ii) The statistical document must be validated as specified in §300.187 by a responsible government official of the country whose flag vessel caught the fish (regardless of where the fish are first landed). (iii) For fish products entered for consumption, the permit holder must provide on the original statistical document that accompanied the import shipment the correct information and importer's certification specified in §300.186, and must note on the top of the statistical document the entry number assigned at the time of filing an entry summary (e.g., CBP Form 7501 or electronic equivalent) with customs authorities. (iv) Bluefin tuna, imported into the Customs territory of the United States or entered for consumption into the separate customs territory of a U.S. insular possession, from a country requiring a BSD tag on all such bluefin tuna available for sale, must be accompanied by the appropriate BSD tag issued by that country, and said BSD tag must remain on any bluefin tuna until it reaches its final destination. If the final import destination is the United States, which includes U.S. insular possessions, the BSD tag must remain on the bluefin tuna until it is cut into portions. If the bluefin tuna portions are subsequently packaged for domestic commercial use or re-export, the BSD tag number and the issuing country must be written legibly and indelibly on the outside of the package. (3) Reporting requirements. For fish or fish products regulated under this subpart that are entered for consumption and whose final destination is within the United States, which includes a U.S. insular possessions, a permit holder must submit to NMFS the original statistical document that accompanied the fish product as completed under §300.186 and paragraph (a)(2) of this section. A copy of the original completed statistical document must be postmarked and mailed, or faxed, by said permit holder to NMFS at an address designated by NMFS within 24 hours of the time the fish product was entered for consumption into the Customs territory of the United States or the separate customs territory of a U.S. insular possession. (b) Exports—(1) Applicability of requirements. The documentation and reporting requirements of this paragraph apply to exports of fish or fish products regulated under this subpart that were harvested by U.S. vessels and first landed in the United States, or harvested by vessels of a U.S. insular possession and first landed in that possession. This paragraph also applies to products of American fisheries landed overseas. (2) Documentation requirements. A permit holder must complete an original, numbered, species-specific statistical document issued to that permit holder by NMFS for each export referenced under paragraph (b)(1) of this section. Such an individually numbered document is not transferable and may be used only once by the permit holder to which it was issued to report on a specific export shipment. A permit holder must provide on the statistical document the correct information and exporter certification specified in §300.186. The statistical document must be validated, as specified in §300.187, by NMFS, or another official authorized by NMFS. A list of such officials may be obtained by contacting NMFS. A permit holder requesting U.S. validation for exports should notify NMFS as soon as possible after arrival of the vessel to avoid delays in inspection and validation of the export shipment. (3) Reporting requirements. A permit holder must ensure that the original statistical document as completed under paragraph (b)(2) of this section accompanies the export of such products to their export destination. A copy of the statistical document must be postmarked and mailed by said permit holder to NMFS, at an address designated by NMFS, within 24 hours of the time the fish product was exported from the United States or a U.S. insular possession. (c) Re-exports—(1) Applicability of requirements. The documentation and reporting requirements of this paragraph apply to exports of fish or fish products regulated under this subpart that were previously entered for consumption into the customs territory of the United States or the separate customs territory of a U.S. insular possession through filing the documentation specified in paragraph (a) of this section. The requirements of this paragraph do not apply to fish products destined from one foreign country to another which transit the United States or a U.S. insular possession and which are designated as an entry type other than entry for consumption as defined in §300.181. (2) Documentation requirements. (i) If a permit holder subdivides or consolidates a shipment that was previously entered for consumption as described in paragraph (c)(1) of this section, the permit holder must complete an original, individually numbered, species-specific re-export certificate issued to that permit holder by NMFS for each such re-export shipment. Such an individually numbered document is not transferable and may be used only once by the permit holder to which it was issued to report on a specific re-export shipment. A permit holder must provide on the re-export certificate the correct information and re-exporter certification specified in §300.186. The permit holder must also attach the original statistical document that accompanied the import shipment or a copy, and provide the correct information and intermediate importer's certification specified in §300.186, and must note on the top of both the statistical documents and the re-export certificates the entry number assigned by customs authorities at the time of filing the entry summary. (ii) If a shipment that was previously entered for consumption as described in paragraph (c)(1) of this section is not subdivided into sub-shipments or consolidated, for each re-export shipment, a permit holder must complete the intermediate importer's certification on the original statistical document and note the entry number on the top of the statistical document. Such re-exports do not need a re-export certificate and the re-export does not require validation. (iii) Re-export certificates must be validated, as specified in §300.187, by NMFS or another official authorized by NMFS. A list of such officials may be obtained by contacting NMFS. A permit holder requesting validation for re-exports should notify NMFS as soon as possible to avoid delays in inspection and validation of the re-export shipment. (3) Reporting requirements. For each re-export, a permit holder must submit the original of the completed re-export certificate (when required) and the original or a copy of the original statistical document completed as specified under paragraph (c)(2) of this section, to accompany the shipment of such products to their re-export destination. A copy of the completed statistical document and re-export certificate (when required) must be postmarked and mailed by said permit holder to NMFS, at an address designated by NMFS, within 24 hours of the time the shipment was re-exported from the United States. (d) Recordkeeping. A permit holder must retain at his or her principal place of business, a copy of each statistical document and re-export certificate required to be submitted to NMFS pursuant to this section, and supporting records for a period of 2 years from the date on which it was submitted to NMFS. (e) Inspection. Any person responsible for importing, exporting, storing, packing, or selling fish or fish products regulated under this subpart, including permit holders, consignees, customs brokers, freight forwarders, and importers of record, shall be subject to the inspection provisions at §300.183(d). § 300.186 Contents of documentation. top (a) Statistical documents. To be deemed complete, all statistical documents must state: (1) The document number assigned by the country issuing the document. (2) The name of the country issuing the document, which must be the country whose flag vessel harvested the fish, regardless of where it is first landed. (3) The name of the vessel that caught the fish, the vessel's length (in meters), the vessel's registration number, and the ICCAT record number, if applicable. (4) The point of export, which is the city, state or province, and country from which the fish is first exported. (5) The product type (fresh or frozen), time of harvest (month/year), and product form (round, gilled and gutted, dressed, fillet, or other). (6) The method of fishing used to harvest the fish (e.g., purse seine, trap, rod and reel). (7) The ocean area from which the fish was harvested. (8) The weight of each fish (in kilograms for the same product form previously specified) or the net weight of each product type, as applicable. (9) The name and license number of, and be signed and dated in the exporter's certification block by, the exporter. (10) If applicable, the name and title of, and be signed and dated in the validation block by, a responsible government official of the country whose flag vessel caught the fish (regardless of where the fish are first landed) or by an official of an institution accredited by said government, with official government or accredited institution seal affixed, thus validating the information on the statistical document. (11) If applicable, the name(s) and address(es), including the name of the city and state or province of import, and the name(s) of the intermediate country(ies) or the name of the country of final destination, and license number(s) of, and be signed and dated in the importer's certification block by, each intermediate and the final importer. (b) Bluefin tuna statistical documents. Bluefin tuna statistical documents, to be deemed complete, in addition to the elements in paragraph (a) of this section, must also state: (1) Whether the fish was farmed or captured. (2) The name and address of the owner of the trap that caught the fish, or the farm from which the fish was taken, if applicable. (3) The identifying tag number, if landed by vessels from countries with BSD tagging programs, or tagged pursuant to §300.187(d) or §635.5(b) of this title. (c) Southern bluefin tuna statistical documents. To be complete, southern bluefin tuna statistical documents must, in addition to the elements in §300.186(a), also state: (1) The name and address of the processing establishment, if applicable. (2) [Reserved] (d) Bigeye tuna statistical documents. To be deemed complete, bigeye tuna statistical documents must, in addition to the elements in paragraph (a) of this section, also state: (1) The name of the owner of the trap that caught the fish, if applicable. (2) The net weight of product for each product type (in kilograms for the same product form previously specified). (e) Swordfish statistical documents. To be deemed complete, swordfish statistical documents must, in addition to the elements in paragraph (a) of this section, also state: (1) Certification by the exporter that, for swordfish harvested from the Atlantic Ocean, each individual Atlantic swordfish included in the shipment weighs at least 15 kilograms (33 lb) dressed weight, or if pieces, that the pieces were derived from a swordfish that weighed at least 15 kilograms (33 lb) dressed weight. Import provisions pertaining to swordfish minimum size are provided at §635.20(f) of this title. (2) [Reserved] (f) Re-export certificates. To be deemed complete, all re-export certificates, must state: (1) The document number assigned by the country issuing the document. (2) The name of the country issuing the document, which must be the country through which the product is being re-exported. (3) The point of re-export, which is the city, state, or province, and country from which the product was re-exported. (4) The description of the fish product as imported, including the product type (fresh or frozen), product form (round, gilled and gutted, dressed, fillet, or other), the net weight, flag country of the vessel that harvested the fish in the shipment, and the date of import to the country from which it is being re-exported. (5) The description of the fish product as re-exported, including the product type (fresh or frozen), product form (round, gilled and gutted, dressed, fillet, or other) and the net weight. (6) The name and license number (if applicable) of, and be signed and dated in the re-exporter's certification block by, the re-exporter. (7) If applicable, the name and title of, and be signed and dated in the validation block by, a responsible government official of the re-exporting country appearing on the certificate, or by an official of an institution accredited by said government, with official government or accredited institution seal affixed, thus validating the information on the re-export certificate. (8) If applicable, the name(s) and address(es), including the name of the city and state or province of import, and the name(s) of the intermediate country(ies) or the name of the country of final destination, and license number(s) of, and be signed and dated in the importer's certification block by each intermediate and the final importer. (g) Bluefin tuna re-export certificates. To be deemed complete, Bluefin tuna re-export certificates must, in addition to the elements in paragraph (f) of this section, also state: (1) Whether the fish for re-export was farmed. (2) The name and address of the farm from which the fish was taken. (h) Approved statistical documents and re-export certificates. (1) An approved statistical document or re-export certificate may be obtained from NMFS to accompany exports of fish or fish products regulated under this subpart from the customs territory of the United States or the separate customs territory of a U.S. insular possession. (2) A nationally approved form from another country may be used for exports to the United States if that document strictly conforms to the information requirements and format of the applicable RFMO documents. An approved statistical document or re-export certificate for use in countries without a nationally approved form may be obtained from the following websites, as appropriate: www.iccat.org, www.iattc.org, www.ccsbt.org, or www.iotc.org to accompany exports to the United States. § 300.187 Validation requirements. top (a) Imports. The approved statistical document accompanying any import of any fish or fish product regulated under this subpart must be validated by a government official from the issuing country, unless NMFS waives this requirement pursuant to an applicable RFMO recommendation. NMFS will furnish a list of countries for which government validation requirements are waived to the appropriate customs officials. Such list will indicate the circumstances of exemption for each issuing country and the non-government institutions, if any, accredited to validate statistical documents and re-export certificates for that country. (b) Exports. The approved statistical document accompanying any export of fish or fish products regulated under this subpart must be validated, except pursuant to a waiver described in paragraph (d) of this section. Validation must be made by NMFS or another official authorized by NMFS. (c) Re-exports. The approved re-export certificate accompanying any re-export of fish or fish products regulated under this subpart, as required under §300.185(c), must be validated, except pursuant to a waiver described in paragraph (d) of this section. Validation must be made by NMFS or another official authorized by NMFS. (d) Validation waiver. Any waiver of government validation will be consistent with applicable RFMO recommendations concerning validation of statistical documents and re-export certificates. If authorized, such waiver of government validation may include exemptions from government validation for Pacific bluefin tuna with individual BSD tags affixed pursuant to paragraph (f) of this section or for Atlantic bluefin tuna with tags affixed pursuant to §635.5(b) of this title. Waivers will be specified on statistical documents and re-export certificates or accompanying instructions, or in a letter to permit holders from NMFS. (e) Authorization for non-NMFS validation. An official from an organization or government agency seeking authorization to validate statistical documents or re-export certificates accompanying exports or re-exports from the United States, which includes U.S. commonwealths, territories, and possessions, must apply in writing, to NMFS, at an address designated by NMFS for such authorization. The application must indicate the procedures to be used for verification of information to be validated; list the names, addresses, and telephone/fax numbers of individuals to perform validation; procedures to be used to notify NMFS of validations; and an example of the stamp or seal to be applied to the statistical document or re-export certificate. NMFS, upon finding the applicant capable of verifying the information required on the statistical document or re-export certificate, will issue, within 30 days, a letter specifying the duration of effectiveness and conditions of authority to validate statistical documents or re-export certificates accompanying exports or re-exports from the United States. The effectiveness of such authorization will be delayed as necessary for NMFS to notify the appropriate RFMO of other officials authorized to validate statistical document or re-export certificates. Non-government organizations given authorization to validate statistical documents or re-export certificates must renew such authorization on a yearly basis. (f) BSD tags—(1) Issuance. NMFS will issue numbered BSD tags for use on Pacific bluefin tuna upon request to each permit holder. (2) Transfer. BSD tags issued under this section are not transferable and are usable only by the permit holder to whom they are issued. (3) Affixing BSD tags. At the discretion of permit holders, a tag issued under this section may be affixed to each Pacific bluefin tuna purchased or received by the permit holder. If so tagged, the tag must be affixed to the tuna between the fifth dorsal finlet and the keel. (4) Removal of tags. A tag, as defined in this subpart and affixed to any bluefin tuna, must remain on the tuna until it is cut into portions. If the bluefin tuna or bluefin tuna parts are subsequently packaged for transport for domestic commercial use or for export, the number of each dealer tag or BSD tag must be written legibly and indelibly on the outside of any package containing the bluefin tuna or bluefin tuna parts. Such tag number also must be recorded on any document accompanying the shipment of bluefin tuna or bluefin tuna parts for commercial use or export. (5) Labeling. The tag number of a BSD tag affixed to each Pacific bluefin tuna under this section must be recorded on NMFS reports required by §300.183, on any documents accompanying the shipment of Pacific bluefin tuna for domestic commercial use or export as indicated in §§300.185 and 300.186, and on any additional documents that accompany the shipment (e.g., bill of lading, customs manifest, etc.) of the tuna for commercial use or for export. (6) Reuse. BSD tags issued under this section are separately numbered and may be used only once, one tail tag per Pacific bluefin tuna, to distinguish the purchase of one Pacific bluefin tuna. Once affixed to a tuna or recorded on any package, container or report, a BSD tag and associated number may not be reused. § 300.188 Ports of entry. top NMFS shall monitor the importation of fish or fish products regulated under this subpart into the United States. If NMFS determines that the diversity of handling practices at certain ports at which fish or fish products regulated under this subpart are being imported into the United States allows for circumvention of the statistical document requirement, NMFS may undertake a rulemaking to designate, after consultation with the CBP, those ports at which fish or fish products regulated under this subpart from any ocean area may be imported into the United States. § 300.189 Prohibitions. top In addition to the prohibitions specified in §300.4, and §§600.725 and 635.71 of this title, it is unlawful for any person subject to the jurisdiction of the United States to violate any provision of this part, the Atlantic Tunas Convention Act, the Magnuson-Stevens Act, the Tuna Conventions Act of 1950, or any other rules promulgated under those Acts. It is unlawful for any person or vessel subject to the jurisdiction of the United States to: (a) Falsify information required on an application for a permit submitted under §300.182. (b) Import as an entry for consumption, purchase, receive for export, export, or re-export any fish or fish product regulated under this subpart without a valid trade permit issued under §300.182. (c) Fail to possess, and make available for inspection, a trade permit at the permit holder's place of business, or alter any such permit as specified in §300.182. (d) Falsify or fail to record, report, or maintain information required to be recorded, reported, or maintained, as specified in §300.183 or §300.185. (e) Fail to allow an authorized agent of NMFS to inspect and copy reports and records, as specified in §300.183 or §300.185. (f) Fail to comply with the documentation requirements as specified in §300.185, §300.186 or §300.187, for fish or fish products regulated under this subpart that are imported, entered for consumption, exported, or re-exported. (g) Fail to comply with the documentation requirements as specified in §300.186, for the importation, entry for consumption, exportation, or re-exportation of an Atlantic swordfish, or part thereof, that is less than the minimum size. (h) Validate statistical documents or re-export certificates without authorization as specified in §300.187. (i) Validate statistical documents or re-export certificates as provided for in §300.187 with false information. (j) Remove any NMFS-issued numbered tag affixed to any Pacific bluefin tuna or any tag affixed to a bluefin tuna imported from a country with a BSD tag program before removal is allowed under §300.187; fail to write the tag number on the shipping package or container as specified in §300.187; or reuse any NMFS-issued numbered tag affixed to any Pacific bluefin tuna, or any tag affixed to a bluefin tuna imported from a country with a BSD tag program, or any tag number previously written on a shipping package or container as prescribed by §300.187. (k) Import, or attempt to import, any fish or fish product regulated under this subpart in a manner inconsistent with any ports of entry designated by NMFS as authorized by §300.188. (l) Ship, transport, purchase, sell, offer for sale, import, enter for consumption, export, re-export, or have in custody, possession, or control any fish or fish product regulated under this subpart that was imported, entered for consumption, exported, or re-exported contrary to this subpart. (m) Fail to provide a validated statistical document for imports at time of entry into the customs territory of the United States of fish or fish products regulated under this subpart, regardless of whether the importer, exporter, or re-exporter holds a valid trade permit issued pursuant to §300.182 or whether the fish products are imported as an entry for consumption.