International Fisheries; Consolidation of Regulations

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 246, 280, 281, 282, 298, 299, 300, 301, 371, 380, and

695

[Docket No. 960419115-6115-01; I.D. 032196A]

RIN 0648-AI22

International Fisheries; Consolidation of Regulations

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to consolidate 10 CFR parts into one part that

would contain regulations governing international fisheries in the U.S.

Exclusive Economic Zone (EEZ) and on the high seas. All but one of the

consolidated parts implement an international agreement, convention, or

treaty to which the United States is a party. The consolidated text

would be reorganized into a more logical and cohesive order,

duplicative and outdated provisions would be eliminated, and editorial

changes would be made for readability, clarity, and uniformity.

Framework procedures would be added for the specifications of annual

management measures under two parts. In addition, an obsolete CFR part

would be removed. The purpose of this proposed rule is to make the

regulations more concise, better organized and, therefore, easier for

the public to use. This proposed action is part of the President's

Regulatory Reinvention Initiative.

DATES: Comments must be received on or before June 14, 1996.

[[Page 25444]]

ADDRESSES: Comments should be sent to Robert Gorrell, Office of

Fisheries Conservation and Management, NMFS, 1315 East-West Highway,

Silver Spring, MD 20910. Comments regarding burden-hour estimates or

other aspects of the collection-of-information requirements contained

in this rule should be sent to Robert Gorrell at the above address and

to the Office of Information and Regulatory Affairs, Office of

Management and Budget, Washington, DC 20503 (Attention: NOAA Desk

Officer).

FOR FURTHER INFORMATION CONTACT: Robert Gorrell, 301-713-2343.

SUPPLEMENTARY INFORMATION:

Background

In March 1995, President Clinton issued a directive to Federal

agencies regarding their responsibilities under his Regulatory

Reinvention Initiative. This initiative is part of the National

Performance Review and calls for comprehensive regulatory reform. The

President directed all agencies to undertake a review of all their

regulations, with an emphasis on eliminating or modifying those that

are obsolete, duplicative, or otherwise in need of reform. This

proposed rule is intended to carry out the President's directive with

respect to those regulations governing international fisheries, other

than whaling and Atlantic highly migratory species, under the

jurisdiction of NMFS.

Consolidation of regulations into one CFR part (50 CFR part 300).

Currently, regulations governing international fisheries, other than

whaling and Atlantic highly migratory species, are contained in 11

separate parts of title 50 of the CFR. NMFS is proposing to remove nine

of the parts (parts 246 (Marking of Containers or Packages), 280

(Pacific Tuna Fisheries), 282 (South Pacific Tuna Fisheries), 298

(United States-Canada Fisheries Enforcement Agreement), 299 (U.S.

Nationals Fishing in the Russian Fisheries), 301 (Pacific Halibut

Fisheries), 371 (Fraser River Sockeye and Pink Salmon Fisheries), 380

(Antarctic Marine Living Resources Convention Act of 1984), and 695

(Vessels of the United States Fishing in Columbian Treaty Waters)) and

to consolidate the regulations contained therein with the existing

regulations in part 300 (High Seas Fisheries). NMFS also is proposing

to eliminate part 281 (Restrictions on Tuna Imports) as no longer

necessary. The consolidated regulations would provide the public with a

single reference source for the regulations applying to international

fisheries. Consolidation would result in one set of regulations that is

more concise, clearer, and easier to use than the existing regulations

found in 11 separate parts.

Reorganization of measures within the consolidated regulations and

elimination of obsolete or duplicative provisions. NMFS proposes to

simplify and shorten all the existing international fisheries

regulations and recodify these in part 300. A subpart A containing

general provisions would be created with a separate subpart (subparts B

through K) for each of the 10 parts being consolidated. Because

portions of the existing regulations contain identical or nearly

identical provisions, this rule would combine and restructure text.

Regulatory language would be revised to improve clarity and

consistency.

Duplicative and obsolete provisions would be removed. Terms and

other regulatory provisions believed to be nonessential also would be

removed. No substantive changes, except for those specifically

identified below, are intended.

This proposed rule includes five types of substantive revisions.

First, proposed subpart A--General includes a definitions section

(Sec. 300.2). The standard for inclusion under general definitions is

that the term have general applicability throughout the part. All these

terms were moved from one or more of the existing parts that would be

consolidated. Where a term was defined similarly in two or more

existing parts, a single definition was selected for inclusion in

Sec. 300.2. Consequently, definitions for some parts have been modified

slightly, while others are newly applicable. Some terms in subpart A

are defined differently in certain other subparts. In those instances,

the definition of the term as set forth in the program subpart applies

therein, rather than the definition contained in the general subpart.

Second, proposed subpart A--General includes both a general

prohibitions section (Sec. 300.4) and a facilitation of enforcement

section (Sec. 300.5). The prohibitions and facilitation of enforcement

sections contain provisions that are generally applicable to many

situations. One group of prohibitions deals with the protection of

authorized officers and observers, another group insures the validity

of information and recordkeeping and assists in investigations, another

protects against destruction of evidence, and another prohibits the

transportation or possession of illegally obtained living marine

resources. The prohibitions in the other subparts contain prohibitions

that are specific to each subpart. The facilitation of enforcement

provisions are grouped by compliance assurance, communications,

boarding, and signals. Some subparts have their own facilitation of

enforcement provisions that are specific to each subpart. The general

provisions were drawn from several of the existing parts that would be

consolidated; however, these provisions are newly applicable for most

subparts.

Third, proposed subpart E--Pacific Halibut Fisheries would greatly

reduce the existing Pacific halibut regulations by eliminating from

codification all but one of the existing sections containing management

measures and substituting a new International Pacific Halibut

Commission (IPHC) annual management measures section (Sec. 300.62) and

a new catch sharing plan and domestic management section (Sec. 300.63).

Many of the definitions also would be removed from codification, as

those terms would no longer be used in codified text. The IPHC annual

management measures section would establish a procedure for the

Assistant Administrator for Fisheries, NMFS (Assistant Administrator),

to publish the IPHC regulations by single notice in the Federal

Register. The catch sharing plan section would establish a procedure

for the Assistant Administrator and the appropriate Regional Fishery

Management Council to develop plans to apportion catch limits adopted

by the IPHC and implement domestic management measures by preliminary

and final notices in the Federal Register. A prohibitions section would

be added to make it unlawful to fish for halibut except in accordance

with the IPHC's annual management measures or in accordance with the

Assistant Administrator's catch sharing plans and implementing

management measures. The one existing section that would remain

codified concerns fishing by U.S. treaty Indian tribes (Sec. 300.64).

All those management measures adopted by the IPHC and NMFS and

currently in effect (as codified in the current 50 CFR part 301 with

1996 revisions published at 61 FR 11337, March 20, 1996) would continue

in effect until replaced by management measures in 1997 to be published

in the Federal Register pursuant to Secs. 300.62 and 300.63 proposed by

this rule. This substantive change is discussed in more detail below.

Fourth, proposed subpart H--Antarctic Marine Living Resources would

establish a framework procedure by which NMFS would publish annual

management measures by single notice in the Federal Register, rather

than by codified rules. These management

[[Page 25445]]

measures are modified annually and need not be codified. All those

management measures adopted by the Commission for the Conservation of

Antarctic Marine Living Resources (Commission) and published on March

5, 1996 (61 FR 8483), as well as other Commission measures still in

effect, would continue in effect until replaced by management measures

in 1997 to be published in the Federal Register under the proposed

framework procedures at Sec. 300.111. This substantive change is

discussed in more detail below.

Fifth, the requirements of part 281--Restrictions on Tuna Imports

are proposed for elimination because they are no longer necessary. For

approximately 2 decades, there have not been yellowfin quotas under the

Convention for the Establishment of an Inter-American Tropical Tuna

Commission that the part 281 regulations were designed to address. If

there were a need in the future for a tuna quota regime under the

Inter-American Tropical Tuna Commission, there would be adequate time

to implement such a regulatory scheme. No quotas are expected in the

foreseeable future.

Decodification of the IPHC's Regulations and NMFS's Catch Sharing

Regulations. Proposed subpart E contains an annual management measures

section that explains the process for NMFS publishing IPHC's annual

management measures by single notice, with immediate regulatory effect,

in the Federal Register. The annual management measures would need to

be published by March 15. In addition, the IPHC makes its regulations

available to fishermen in handbook form. Presently, IPHC's regulations

are codified. Of the current codified domestic halibut management

sections, only one section (Fishing by U.S. Treaty Indian Tribes) would

be retained.

Proposed subpart E also contains a catch sharing plan section that

explains implementation of catch sharing plans. It explains the two

notice process for NMFS to implement management measures under the area

2A catch sharing plan. The preliminary notice of management measures

would need to be published by January 1. The public would be provided a

comment period that extends until after the annual IPHC meeting when

the final catch limits are announced. The measures will then be

published in a final notice, with immediate regulatory effect.

By decodifying the IPHC regulations and NMFS's catch sharing

regulations, the administration of the management program would be

improved and the potential for confusion would be avoided.

The parties to the Convention between the United States and Canada

for the Preservation of the Halibut Fishery of the Northern Pacific

Ocean and Bering Sea convene an annual meeting in January. At the

annual meeting the Commission adopts final catch limits and other

management measures after considering staff and industry

recommendations and public testimony. These measures generally are

revised annually. Because title 50 CFR is published only once a year,

reflecting measures in effect as of the preceding October 1, many of

the measures would have been superseded and conceivably could cause

confusion. Also, the Office of the Federal Register prefers not to

codify regulations with limited effect, i.e., generally a year or less.

Establishment of broad framework procedures for future Antarctic

regulatory changes. Proposed subpart G contains framework procedures to

implement annual management measures by regulatory notice. By

establishing a framework for implementing management measures that are

adopted annually by the Commission and agreed to by the United States,

the administration of the management program would be improved, the

potential for confusion would be avoided, and the codification of

regulations would be reduced.

The parties to the Convention on the Conservation of Antarctic

Marine Living Resources meet annually to adopt conservation and other

management measures to govern fishing and related activities to be

conducted in the Antarctic region. Following the conclusion of the

meeting, the Secretary of State publishes a document for public

comment, in the Federal Register, of the measures adopted by the

Commission. If the United States does not object to the measures within

90 days of notification by the Commission, the United States is bound

by those measures. After considering any public comment on the

measures, the Assistant Administrator publishes a final rule codifying

the management measures. These measures generally have a limited effect

of approximately 1 year, when measures for the succeeding year

supersede current measures. Therefore codification is not necessary and

could cause confusion. Further, the Office of the Federal Register

prefers not to codify regulations with limited effect. Under the

framework proposed in this rule, notification of annual measures would

be published in the Federal Register, and would have force and effect

until superseded by the next year's notice, unless otherwise modified

or withdrawn.

References to Other Proposed Rules. NMFS, in another rulemaking

published May 1, 1996, at 61 FR 19390, proposed to consolidate general

provisions of the Magnuson Fishery Conservation and Management Act into

50 CFR part 600. Because some of the general provisions to be

consolidated into part 600 apply to several international fisheries

regulations proposed for consolidation in this rule, the regulatory

text in this rule includes references to the consolidated part 600,

rather than to existing codified text.

Request for comments. NMFS specifically requests comments or

suggestions for further consolidation or elimination of obsolete or

duplicative provisions contained in the proposed revision to

international fisheries regulations.

Under NOAA Administrative Order 205-11, 7.01, dated December 17,

1990, the Under Secretary for Oceans and Atmosphere has delegated, to

the Assistant Administrator, the authority to sign material for

publication in the Federal Register.

Classification

This proposed rule has been determined to be not significant for

the purposes of E.O. 12866.

The Assistant General Counsel for Legislation and Regulation of the

Department of Commerce certified to the Chief Counsel for Advocacy of

the Small Business Administration that this proposed rule, if adopted,

would not have a significant economic impact on a substantial number of

small entities. The proposed consolidations and revisions to the

existing regulatory text are intended to make the regulations more

concise, better organized, and easier for the public to use and would

have little or no economic impact on any small entities. Applying

selected prohibitions and facilitation of enforcement provisions to all

subparts could result in improved enforcement of the regulations, but

are not expected to change fishing practices, costs, or revenues. As a

result, a regulatory flexibility analysis was not prepared.

This proposed rule contains collection-of-information requirements

subject to the Paperwork Reduction Act (PRA) that were previously

approved by the Office of Management and Budget.

Notwithstanding any other provision of the law, no person is

required to respond to, nor shall any person be subject to a penalty

for failure to comply with a collection of information, subject to the

requirements of the PRA, unless

[[Page 25446]]

that collection of information displays a currently valid OMB Control

Number.

The following collection-of-information requirements have been

approved by OMB for international fisheries regulations under the

following approval numbers:

(a) Approved under 0648-0304--High seas fisheries, vessel permits

(Sec. 300.13), estimated at .5 hours per response.

(b) Approved under 0648-0148--Pacific tuna fisheries, yellowfin

tuna recordkeeping and written reports (Sec. 300.22), estimated at .1

hours per response.

(c) Approved under 0648-0202--Pacific bluefin tuna dealer permits

(Sec. 300.24), estimated at .083 hours per response.

(d) Approved under 0648-0239--Pacific bluefin tuna dealer

recordkeeping and reporting (Sec. 300.25), estimated at .25 hours per

response.

(e) Approved under 0648-0239-- Pacific tuna fisheries, Pacific

bluefin tuna affixing of tags (Sec. 300.26(c)), estimated at .017 hours

per response.

(f) Approved under 0648-0239-- Pacific tuna fisheries, Pacific

bluefin tuna removal of tags (Sec. 300.26(d)), estimated at .017 hours

per response.

(g) Approved under 0648-0218--South Pacific tuna fisheries, vessel

licenses (Sec. 300.32), estimated at .25 hours per response.

(h) Approved under 0648-0306--South Pacific tuna fisheries,

reporting requirements (Sec. 300.34), estimated at .25 hours per

marking.

(i) Approved under 0648-0306--South Pacific tuna fisheries, vessel

and gear identification (Sec. 300.35), estimated at .25 hours per

marking.

(j) Approved under 0648-0194--Antarctic marine living resources,

procedure for according protection to CCAMLR ecosystem monitoring

program sites, general (Sec. 300.103(a)), estimated at 1 hour per

response.

(k) Approved under 0648-0194--Antarctic marine living resources,

scientific research (Sec. 300.104(d)), estimated at 80 hours per

response.

(l) Approved under 0648-0194--Antarctic marine living resources,

scientific research (Sec. 300.104(e)), estimated at .25 hours per

response.

(m) Approved under 0648-0194--Antarctic marine living resources,

initiating a new fishery (Sec. 300.105(c)), estimated at 16 hours per

response.

(n) Approved under 0648-0194--Antarctic marine living resources,

exploratory fishing (Sec. 300.106(e)), estimated at 40 hours per

response.

(o) Approved under 0648-0306--Antarctic marine living resources,

vessel identification (Sec. 300.108(a)), estimated at .25 hours per

marking.

(p) Approved under 0648-0305--Antarctic marine living resources,

gear identification (Sec. 300.108(c)), estimated at .25 hours per

marking.

(q) Approved under 0648-0194--Antarctic marine living resources,

harvesting permits (Sec. 300.112), estimated at .5 hours per response.

(r) Approved under 0648-0194--Antarctic marine living resources,

import permits (Sec. 300.113), estimated at .5 hours per response.

(s) Approved under 0648-0205--Vessels of the United States fishing

in Colombian Treaty waters, certificates and permits (Sec. 300.123),

estimated at .33 hours per response.

(t) Approved under 0648-0016--Vessels of the United States fishing

in Colombian Treaty waters, recordkeeping and reporting

(Sec. 300.124(b)), estimated at .22 hours per response.

(u) Approved under 0648-0306--Vessels of the United States fishing

in Colombian Treaty waters, vessel identification (Sec. 300.125),

estimated at .25 hours per marking.

(v) Approved under 0648-0228--U.S. nationals fishing in Russian

fisheries, permit procedures (Sec. 300.152), estimated at .5 hours per

response.

(w) Approved under 0648-0228--U.S. nationals fishing in Russian

fisheries, permit issuance, copies (Sec. 300.153(b)), estimated at .167

hours per response.

(x) Approved under 0648-0228--U.S. nationals fishing in Russian

fisheries, recordkeeping and reporting, vessel permit abstract report

(Sec. 300.154(b)), estimated at .5 hours per response.

(y) Approved under 0648-0228--U.S. nationals fishing in Russian

fisheries, recordkeeping and reporting, activity reports

(Sec. 300.154(c)), estimated at .5 hours per response.

(z) Approved under 0648-0228--U.S. nationals fishing in Russian

fisheries, recordkeeping and reporting, recordkeeping

(Sec. 300.154(d)), estimated at .083 hours per response.

The estimated response times shown include the time for reviewing

instructions, searching existing data sources, gathering and

maintaining the data needed, and completing and reviewing the

collection of information. Send comments regarding burden estimates, or

any other aspect of the data requirements, including suggestions for

reducing the burden, to NMFS and OMB (see ADDRESSES).

List of Subjects

50 CFR Part 246

Exports, Fish, Imports, Labeling, Reporting and recordkeeping

requirements, Transportation, Wildlife.

50 CFR Parts 280 and 282

Fisheries, Reporting and recordkeeping requirements, Treaties.

50 CFR Part 281

Fisheries, Imports, Treaties.

50 CFR Part 298

Canada, Fisheries, Treaties.

50 CFR Part 299

Fisheries, Reporting and recordkeeping requirements, Russian

Federation, Treaties.

50 CFR Part 300

Fisheries, High seas fishing, International agreements, Reporting

and recordkeeping requirements, Permits.

50 CFR Parts 301 and 695

Fisheries, Fishing, Reporting and recordkeeping requirements,

Treaties.

50 CFR Part 371

Canada, Fisheries, Fishing, Indians, Treaties.

50 CFR Part 380

Administrative practice and procedure, Antarctica, Fish, Imports,

Marine resources, Reporting and recordkeeping requirements, Treaties,

Wildlife.

Dated: May 13, 1996.

Gary Matlock,

Program Management Officer, National Marine Fisheries Service.

For the reasons set out in the preamble, chapters II, III, and VI

are proposed to be amended as follows:

CHAPTER II--NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND

ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE

PARTS 246, 280, 281, 282, 298, AND 299 [REMOVED]

1. Under the authority of 16 U.S.C. 3371-3378, 16 U.S.C. 951-961

and 971 et seq., 16 U.S.C. 973-973r, and 16 U.S.C. 1801 et seq., 50 CFR

parts 246, 280, 281, 282, 298, and 299 are removed and subchapter L is

vacated.

2. Chapter III is revised to read as follows:

CHAPTER III--INTERNATIONAL FISHING AND RELATED ACTIVITIES

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart A--General

Sec.

300.1 Purpose and scope.

300.2 Definitions.

300.3 Relation to other laws.

300.4 General prohibitions.

300.5 Facilitation of enforcement.

[[Page 25447]]

Subpart B--High Seas Fisheries

300.10 Purpose.

300.11 Definitions.

300.12 Issuing offices.

300.13 Vessel permits.

300.14 Vessel and gear identification. [Reserved]

300.15 Prohibitions.

300.16 Penalties.

300.17 Reporting and recordkeeping. [Reserved]

Subpart C--Pacific Tuna Fisheries

300.20 Purpose and scope.

300.21 Definitions.

300.22 Yellowfin Tuna--Recordkeeping and written reports.

300.23 Yellowfin Tuna--Persons and vessels exempted.

300.24 Pacific Bluefin Tuna--Dealer permits.

300.25 Pacific Bluefin Tuna--Dealer recordkeeping and reporting.

300.26 Pacific Bluefin Tuna--Tags.

300.27 Pacific Bluefin Tuna--Documentation requirements.

300.28 Pacific Bluefin Tuna--Prohibitions.

Subpart D--South Pacific Tuna Fisheries

300.30 Purpose and scope.

300.31 Definitions.

300.32 Vessel licenses.

300.33 Compliance with applicable national laws.

300.34 Reporting requirements.

300.35 Vessel and gear identification.

300.36 Closed area stowage requirements.

300.37 Radio monitoring.

300.38 Prohibitions.

300.39 Exceptions.

300.40 Civil penalties.

300.41 Investigation notification.

300.42 Findings leading to removal from fishing area.

300.43 Observers.

300.44 Other inspections.

Subpart E--Pacific Halibut Fisheries

300.60 Purpose and scope.

300.61 Definitions.

300.62 Annual management measures.

300.63 Catch sharing plans and domestic management measures.

300.64 Fishing by U.S. treaty Indian tribes.

300.65 Prohibitions.

Subpart F--Fraser River Sockeye and Pink Salmon Fisheries

300.90 Purpose and scope.

300.91 Definitions.

300.92 Relation to other laws.

300.93 Reporting requirements.

300.94 Prohibitions and restrictions.

300.95 Treaty Indian fisheries.

300.96 Penalties.

300.97 Inseason orders.

Subpart G--Antarctic Marine Living Resources

300.100 Purpose and scope.

300.101 Definitions.

300.102 Relationship to other treaties, conventions, laws, and

regulations.

300.103 Procedure for according protection to CCAMLR Ecosystem

Monitoring Program Sites.

300.104 Scientific research.

300.105 Initiating a new fishery.

300.106 Exploratory fisheries.

300.107 Reporting and recordkeeping requirements.

300.108 Vessel and gear identification.

300.109 Gear disposal.

300.110 Mesh size.

300.111 Framework for annual management measures.

300.112 Harvesting permits.

300.113 Import permits.

300.114 Appointment of a designated representative.

300.115 Prohibitions.

300.116 Facilitation of enforcement and inspection.

300.117 Penalties.

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

Subpart H--Vessels of the United States Fishing in Colombian Treaty

Waters

300.120 Purpose.

300.121 Definitions.

300.122 Relation to other laws.

300.123 Certificates and permits.

300.124 Recordkeeping and reporting.

300.125 Vessel identification.

300.126 Prohibitions.

300.127 Facilitation of enforcement.

300.128 Penalties.

300.129 Fishing year.

300.130 Vessel and gear restrictions.

300.131 Conch harvest limitations.

300.132 Lobster harvest limitations.

Subpart I--United States-Canada Fisheries Enforcement

300.140 Purpose and scope.

300.141 Definitions.

300.142 Prohibitions.

300.143 Facilitation of enforcement.

300.144 Penalties and sanctions.

Subpart J--U.S. Nationals Fishing in Russian Fisheries

300.150 Purpose.

300.151 Definitions.

300.152 Procedures.

300.153 Permit issuance.

300.154 Recordkeeping and reporting.

300.155 Requirements.

300.156 Prohibited acts.

300.157 Penalties.

Subpart K--Transportation and Labeling of Fish or Wildlife

300.160 Requirement for marking of containers or packages.

300.161 Alternatives and exceptions.

Subpart A--General

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.

Sec. 300.1 Purpose and scope.

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.

Sec. 300.2 Definitions.

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, NE., BIN C15700, Bldg. 1, Seattle, WA 98115, or a

designee.

Director, Southeast Fisheries Science Center, means Director,

Science and Research, Southeast Fisheries Science

[[Page 25448]]

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, 135 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).

Sec. 300.3 Relation to other laws.

Other laws that may apply to fishing activities addressed herein

are set forth in Sec. 600.705 of this chapter.

Sec. 300.4 General prohibitions.

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.

[[Page 25449]]

Sec. 300.5 Facilitation of enforcement.

(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

Authority: 16 U.S.C. 5501 et seq.

Sec. 300.10 Purpose.

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.

Sec. 300.11 Definitions.

In addition to the terms defined in Sec. 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 Sec. 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 Director means any one of the Directors of the five NMFS

regional offices, defined under Sec. 300.2, serving as the issuing

office.

Sec. 300.12 Issuing offices.

Any Regional Director may issue permits required under this

subpart. While applicants for permits may submit an application to any

Regional Director, applicants are encouraged to submit their

applications (with envelopes marked ``Attn: HSFCA Permits'') to the

Regional Director with whom they normally interact on fisheries

matters.

Sec. 300.13 Vessel permits.

(a) Eligibility. (1) Except for vessels having unpaid or overdue

civil penalties, criminal fines, or other liabilities incurred in a

judicial proceeding under any statute administered by NOAA, 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

[[Page 25450]]

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 Director 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 Director 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 Director.

(c) Application information. An applicant must submit a complete

and accurate permit application, signed by the owner or operator, to

the appropriate Regional Director.

(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 Director, 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 Director 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 Director 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 Director 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.

Sec. 300.14 Vessel and gear identification. [Reserved]

Sec. 300.15 Prohibitions.

In addition to the prohibitions in Sec. 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 Sec. 300.13.

Sec. 300.16 Penalties.

Any person or high seas fishing 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, permit sanctions,

and forfeiture provisions prescribed in the Act, 15 CFR part 904 (Civil

Procedures), and other applicable laws.

Sec. 300.17 Reporting and recordkeeping. [Reserved]

Subpart C--Pacific Tuna Fisheries

Authority: 16 U.S.C. 951-961 and 971 et seq.

Sec. 300.20 Purpose and scope.

The regulations in this subpart implement the Tuna Conventions Act

of 1950 (Act), the Atlantic Tunas Convention Act of 1975, and the IATTC

recommendations for the conservation of yellowfin tuna and the

recommendations of the International Commission for the Conservation of

Atlantic Tunas for the conservation of bluefin tuna, so far as they

affect vessels and persons subject to the jurisdiction of the United

States.

Sec. 300.21 Definitions.

In addition to the terms defined in Sec. 300.2, in the Act, the

Convention for the Establishment of an Inter-American Tropical Tuna

Commission, and the International Convention for the Conservation of

Atlantic Tunas, the terms used in this subpart have the following

meanings. If a term is defined differently in Sec. 300.2, the Act, or

the Conventions, the definition in this section shall apply.

Bluefin tuna means the fish species Thunnus thynnus that is found

in any ocean area.

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.

Pacific bluefin tuna means the subspecies of bluefin tuna Thunnus

thynnus orientalis that is found in the Pacific Ocean.

Regional Director means the Director, Southwest Region.

Tag means the flexible, self-locking ribbon issued by the NMFS for

the identification of bluefin tuna under Sec. 300.26 or Sec. 285.30 of

this chapter.

Sec. 300.22 Yellowfin tuna--Recordkeeping and written reports.

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.

Sec. 300.23 Yellowfin tuna--Persons and vessels exempted.

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.

Sec. 300.24 Pacific bluefin tuna--Dealer permits.

(a) General. A dealer importing Pacific bluefin tuna, or purchasing

or receiving for export Pacific bluefin tuna first landed in the United

States, must

[[Page 25451]]

have a valid permit issued under this section.

(b) Application. A dealer must apply for a permit in writing on an

appropriate form obtained from the Regional Director. The application

must be signed by the dealer and be submitted to the Regional Director

at least 30 days before the date upon which the dealer desires to have

the permit made effective. The application must contain the following

information: Company name, principal place of business, owner's or

owners' names, applicant's name (if different from owner or owners) and

mailing address and telephone number, and any other information

required by the Regional Director.

(c) Issuance. (1) Except as provided in subpart D of 15 CFR part

904, the Regional Director will issue a permit within 30 days of

receipt of a completed application.

(2) The Regional Director will notify the applicant of any

deficiency in the application. If the applicant fails to correct the

deficiency within 15 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. The Regional Director may issue replacement

permits. An application for a replacement permit is not considered a

new application.

(g) Transfer. A permit issued under this section is not

transferable or assignable; it is valid only for the dealer to whom it

is issued.

(h) Inspection. The dealer 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 the Regional Director 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. The Regional Director 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 the Regional Director, 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 15 days after any

change in the information contained in an application submitted under

this section, the dealer issued a permit must report the change to the

Regional Director in writing. The permit is void if any change in

information is not reported within 15 days.

Sec. 300.25 Pacific bluefin tuna--Dealer recordkeeping and reporting.

Any person issued a dealer permit under Sec. 300.24:

(a) Must submit to the Regional Director a biweekly report on

bluefin imports and exports on forms supplied by NMFS.

(1) The report required by this paragraph (a) must be postmarked

and mailed at the dealer's expense within 10 days after the end of each

2-week reporting period in which Pacific bluefin tuna were exported.

The biweekly reporting periods are defined as the first day to the 14th

day of each month and the 15th day to the last day of the month.

(2) Each report must specify accurately and completely for each

tuna or each shipment of bulk-frozen tuna exported: Date of landing or

import; any tag number (if so tagged); weight in kilograms (specify if

round or dressed); and any other information required by the Regional

Director. At the top of each form, the company's name, license number,

and the name of the person filling out the report must be specified. In

addition, the beginning and ending dates of the 2-week reporting period

must be specified by the dealer and noted at the top of the form.

(b) Must allow an authorized officer, or any employee of NMFS

designated by the Regional Director for this purpose, to inspect and

copy any records of transfers, purchases, or receipts of Pacific

bluefin tuna.

(c) Must retain at his/her principal place of business a copy of

each biweekly report for a period of 2 years from the date on which it

was submitted to the Regional Director.

Sec. 300.26 Pacific bluefin tuna--tags.

(a) Issuance. The Regional Director will issue numbered tags to

each person receiving a dealer's permit under Sec. 300.24.

(b) Transfer. Tail tags issued under this section are not

transferable and are usable only by the permitted dealer to whom they

are issued.

(c) Affixing tags. At the discretion of dealers permitted under

Sec. 300.24, a tag issued under paragraph (a) of this section may be

affixed to each Pacific bluefin tuna purchased or received by the

dealer. If so tagged, the tag must be affixed to the tuna between the

fifth dorsal finlet and the keel and tag numbers must be recorded on

NMFS reports required by Sec. 300.25(a) and any documents accompanying

the shipment of Pacific bluefin tuna for domestic commercial use or

export.

(d) Removal. An NMFS-issued tag affixed to any Pacific bluefin tuna

at the option of any permitted dealer under paragraph (c) of this

section or any tag affixed to any Pacific bluefin tuna to meet the

requirements of Sec. 285.202(a)(6)(v) of this chapter must remain on

the tuna until the tuna is cut into portions. If the tuna or tuna parts

subsequently are packaged for transport for domestic commercial use or

for export, the tag number must be written legibly and indelibly on the

outside of any package or container.

(e) Reuse. Tags issued under this section are separately numbered

and may be used only once, one tail tag per fish, to distinguish the

purchase of one Pacific bluefin tuna. Once affixed to a tuna or

recorded on any package, container or report, a tail tag and associated

number may not be reused.

Sec. 300.27 Pacific bluefin tuna--documentation requirements.

Bluefin tuna imported into, or exported or re-exported from the

customs territory of the United States is subject to the documentation

requirements specified in part 285 of this chapter (Secs. 285.200-

285.203).

Sec. 300.28 Pacific bluefin tuna--prohibitions.

In addition to the prohibitions in Sec. 300.4, it is unlawful for

any person or vessel subject to the jurisdiction of the United States

to:

(a) Import Pacific bluefin tuna or purchase or receive for export

Pacific bluefin tuna first landed in the United States without a valid

dealer permit issued under Sec. 300.24.

(b) Remove any NMFS-issued tag affixed to any Pacific bluefin tuna

at the option of any permitted dealer or any tag affixed to a Pacific

bluefin tuna to meet the requirements of Sec. 285.202(a)(6)(v) of this

chapter, before removal is allowed under Sec. 300.26, or fail to write

the tag number on the shipping package or container as specified in

Sec. 300.26.

[[Page 25452]]

(c) Reuse any NMFS-issued tag affixed to a Pacific bluefin tuna at

the option of a permitted dealer or any tag affixed to a Pacific

bluefin tuna to meet the requirements of Sec. 285.202(a)(6)(v) of this

chapter or reuse any tag number previously written on a shipping

package or container as prescribed by Sec. 300.26.

Subpart D--South Pacific Tuna Fisheries

Authority: 16 U.S.C. 973-973r.

Sec. 300.30 Purpose and scope.

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.

Sec. 300.31 Definitions.

In addition to the terms defined in Sec. 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 Sec. 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 Director 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.

Sec. 300.32 Vessel licenses.

(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 Sec. 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 Director. 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 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.

(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

[[Page 25453]]

application will not be forwarded to the Administrator, and of the

reasons therefor. Within 15 days of notification by the Regional

Director that the application will not be forwarded, an applicant may

request reconsideration by providing a petition for reconsideration

accompanied by new or additional information.

Sec. 300.33 Compliance with applicable national laws.

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.

Sec. 300.34 Reporting requirements.

(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 Director 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 Director 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 Director.

Sec. 300.35 Vessel and gear identification.

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.

Sec. 300.36 Closed area stowage requirements.

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.

Sec. 300.37 Radio monitoring.

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.

Sec. 300.38 Prohibitions.

(a) Except as provided for in Sec. 300.39, in addition to the

prohibitions in Sec. 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 Sec. 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 a 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 Sec. 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.

Sec. 300.39 Exceptions.

(a) The prohibitions of Sec. 300.38 and the licensing requirements

of Sec. 300.32 do not apply to fishing for albacore tuna by vessels

using the trolling method outside of the 200 nautical mile

[[Page 25454]]

fisheries zones of the Pacific Island Parties.

(b) The prohibitions of Sec. 300.38(a)(4), (a)(5), and (b)(3) do

not apply to fishing under the terms and conditions of a fishing

arrangement.

Sec. 300.40 Civil penalties.

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.

Sec. 300.41 Investigation notification.

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.

Sec. 300.42 Findings leading to removal from fishing area.

(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.

Sec. 300.43 Observers.

(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.

Sec. 300.44 Other inspections.

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

Authority: 16 U.S.C. 773-773k.

Sec. 300.60 Purpose and scope.

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).

Sec. 300.61 Definitions.

In addition to the terms defined in Sec. 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 Sec. 300.2, the Act, or

the Convention, the definition in this section shall apply.

Area 2A includes all waters off the States of California, Oregon,

and Washington.

Commercial fishing means fishing, the resulting catch of which

either is, or is intended to be, sold or bartered.

Person includes an individual, corporation, firm, or association.

Subarea 2A-1 includes all U.S. waters off the coast of Washington

that are north of 46 deg.53'18'' N. lat. and east of 125 deg.44'00'' W.

long., and all inland marine waters of Washington.

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.

[[Page 25455]]

Sec. 300.62 Annual management measures.

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.

Sec. 300.63 Catch sharing plans and domestic management measures.

Catch sharing plans (CSP) may be developed by the appropriate

regional fishery management council, and approved by NMFS, for portions

of the fishery. Any approved catch sharing plan may be obtained from

the Director, Northwest Region, or the Director, Alaska Region.

(a) The catch sharing plan for area 2A provides a framework that

shall be applied to the annual Area 2A total allowable catch (TAC)

adopted by the Commission, and shall be implemented through domestic

and Commission regulations, which will be published in the Federal

Register each year before March 15. The Area 2A CSP allocates halibut

among the treaty Indian fishery, segments of the non-Indian commercial

fishery, and segments of the recreational fishery.

(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) The commercial longline fishery in area 2A is governed by the

annual management measures published pursuant to Secs. 300.62 and

300.63.

(4) The treaty Indian fishery is governed by Sec. 300.64 and tribal

regulations. The annual quota for the fishery will be announced with

the Commission regulations under Sec. 300.62

(b) The catch sharing plan for area 4 allocates the annual TAC

among area 4 subarea, and will be implemented by the Commission in

management measures published pursuant to Sec. 300.62.

Sec. 300.64 Fishing by U.S. treaty Indian tribes.

(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 Sec. 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 deg.54'18'' N. lat. (Quillayute River) and 47

deg.21'00'' N. lat. (Quinault River), and east of 125

deg.44'00'' W. long.

JAMESTOWN S'KLALLAM................................. Those locations in the Strait of Juan de Fuca and Puget

Sound as determined in or in accordance with Final

Decision No. 1 and subsequent orders in United States v.

Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and

particularly at 626 F. Supp. 1486, to be places at which

the Jamestown S'Klallam Tribe may fish under rights

secured by treaties with the United States.

LOWER ELWHA S'KLALLAM............................... Those locations in the Strait of Juan de Fuca and Puget

Sound as determined in or in accordance with Final

Decision No. 1 and subsequent orders in United States v.

Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and

particularly at 459 F. Supp. 1049 and 1066 and 626 F.

Supp. 1443, to be places at which the Lower Elwha

S'Klallam Tribe may fish under rights secured by treaties

with the United States.

LUMMI............................................... Those locations in the Strait of Juan de Fuca and Puget

Sound as determined in or in accordance with Final

Decision No. 1 and subsequent orders in United States v.

Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and

particularly at 384 F. Supp. 360, as modified in

Subproceeding No. 89-08 (W.D. Wash., February 13, 1990)

(decision and order re: cross-motions for summary

judgement), to be places at which the Lummi Tribe may

fish under rights secured by treaties with the United

States.

MAKAH............................................... North of 48 deg.02'15'' N. lat. (Norwegian Memorial), west

of 123 deg.42'30'' W. long., and east of 125 deg.44'00''

W. long.

[[Page 25456]]

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 deg.07'36'' N. lat. (Sand Point) and 47

deg.31'42'' N. lat. (Queets River), and east of 125

deg.44'00'' W. long.

QUINAULT............................................ Between 47 deg.40'06'' N. lat. (Destruction Island) and 46

deg.53'18'' N. lat. (Point Chehalis), and east of 125

deg.44'00'' W. long.

SKOKOMISH........................................... Those locations in the Strait of Juan de Fuca and Puget

Sound as determined in or in accordance with Final

Decision No. 1 and subsequent orders in United States v.

Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and

particularly at 384 F. Supp. 377, to be places at which

the Skokomish Tribe may fish under rights secured by

treaties with the United States.

SUQUAMISH........................................... Those locations in the Strait of Juan de Fuca and Puget

Sound as determined in or in accordance with Final

Decision No. 1 and subsequent orders in United States v.

Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and

particularly at 459 F. Supp. 1049, to be places at which

the Suquamish Tribe may fish under rights secured by

treaties with the United States.

SWINOMISH........................................... Those locations in the Strait of Juan de Fuca and Puget

Sound as determined in or in accordance with Final

Decision No. 1 and subsequent orders in United States v.

Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and

particularly at 459 F. Supp. 1049, to be places at which

the Swinomish Tribe may fish under rights secured by

treaties with the United States.

TULALIP............................................. Those locations in the Strait of Juan de Fuca and Puget

Sound as determined in or in accordance with Final

Decision No. 1 and subsequent orders in United States v.

Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and

particularly at 626 F. Supp. 1531-1532, to be places at

which the Tulalip Tribe may fish under rights secured by

treaties with the United States.

----------------------------------------------------------------------------------------------------------------

Sec. 300.65 Prohibitions.

In addition to the prohibitions in Sec. 300.4, the following

prohibitions apply within this subpart. It is unlawful for any person

to fish for halibut except in accordance with:

(a) The management measures published under Sec. 300.62.

(b) The catch sharing plans and management measures implemented

under Sec. 300.63.

Subpart F--Fraser River Sockeye and Pink Salmon Fisheries

Authority: Pacific Salmon Treaty Act, 16 U.S.C. 3636(b).

Sec. 300.90 Purpose and scope.

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).

Sec. 300.91 Definitions.

In addition to the terms defined in Sec. 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 Sec. 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 Sec. 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 deg. and 49 deg. 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

[[Page 25457]]

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

Sec. 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.

Sec. 300.92 Relation to other laws.

(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 Sec. 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 Sec. 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.

Sec. 300.93 Reporting requirements.

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.

Sec. 300.94 Prohibitions and restrictions.

In addition to the prohibitions in Sec. 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 Sec. 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.

[[Page 25458]]

(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.

Sec. 300.95 Treaty Indian fisheries.

(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.

Sec. 300.96 Penalties.

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.

Sec. 300.97 Inseason orders.

(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).

[[Page 25459]]

(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

Authority: 16 U.S.C. 2431 et seq.

Sec. 300.100 Purpose and scope.

(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.

Sec. 300.101 Definitions.

In addition to the terms defined in Sec. 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 Sec. 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 deg. S.................................... 0.

50 deg. S.................................... 30 deg. E.

45 deg. S.................................... 30 deg. E.

45 deg. S.................................... 80 deg. E.

55 deg. S.................................... 80 deg. E.

55 deg. S.................................... 150 deg. E.

60 deg. S.................................... 150 deg. E.

60 deg. S.................................... 50 deg. W.

50 deg. S.................................... 50 deg. W.

50 deg. S.................................... 0.

------------------------------------------------------------------------

Antarctic finfishes include the following:

------------------------------------------------------------------------

Scientific name Common name

------------------------------------------------------------------------

Gobionotothen gibberifrons............... Humped rockcod.

Notothenia rossii........................ Marbled rockcod.

Lepidorhirus squamifrons................. Grey rockcod.

Dissostichus eleginoides................. Patagonian toothfish.

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 the populations

of finfish, mollusks, crustaceans, and all other species of living

organisms, including birds, found south of the Antarctic Convergence,

and their parts or products.

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.

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.

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 Sec. 216.31 of this chapter; or an endangered

species permit issued under Sec. 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 Sec. 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.

Sec. 300.102 Relationship to other treaties, conventions, laws, and

regulations.

(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 deg. 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.

Sec. 300.103 Procedure for according protection to CCAMLR Ecosystem

Monitoring Program Sites.

(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

[[Page 25460]]

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 1 year. Applicants requesting a permit to reenter a Protected

Site must include the 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

[[Page 25461]]

highest elevation on Seal Island. Seal Island is situated at

60 deg.59'14'' S. lat., 55 deg.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 deg.29' S. lat., 60 deg.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.

Sec. 300.104 Scientific research.

(a) The management measures issued pursuant to the procedures at

Sec. 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 Sec. 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.

Sec. 300.105 Initiating a new fishery.

(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.

Sec. 300.106 Exploratory fisheries.

(a) An exploratory fishery, for purposes of this section, is a

fishery that was previously defined as a new fishery under

Sec. 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 Sec. 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 Sec. 300.112

have been met and the meeting of CCAMLR, which receives and considers

the notice made to the Assistant Administrator, has been concluded.

Sec. 300.107 Reporting and recordkeeping requirements.

The operator of any vessel required to have a permit under this

subpart must:

(a) Accurately maintain on board the vessel a fishing logbook and

all other reports and records required by its permit.

(b) Make such reports and records available for inspection upon the

[[Page 25462]]

request of an authorized officer or CCAMLR inspector.

(c) Within the time specified in the permit, submit a copy of such

reports and records to the Assistant Administrator.

Sec. 300.108 Vessel and gear identification.

(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.

Sec. 300.109 Gear disposal.

(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.

Sec. 300.110 Mesh size.

(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.

[[Page 25463]]

(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.

Sec. 300.111 Framework for annual management measures.

(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.

Sec. 300.112 Harvesting permits.

(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 Sec. 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.

[[Page 25464]]

(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.

Sec. 300.113 Import permits.

(a) General. (1) Any AMLR may be imported into the United States if

its harvest is authorized by an individual permit or a harvesting

permit. The harvesting permit, the harvesting vessel certificate, or

the individual permit, or a copy of any thereof, must accompany the

import. AMLRs harvested by entities not subject to U.S. jurisdiction

and, thus, not harvested under a U.S. issued permit (i.e., a harvesting

permit or an individual permit), also may be imported into the United

States if such harvesting will meet or met the requirements of the Act

and will not or did not violate any conservation measure in force with

respect to the United States under the Convention or the Act or violate

any of the regulations in this subpart, including resource management

measures contained therein. A NMFS issued import permit or copy thereof

must accompany such an import as proof that the foreign harvested

resources met such requirements. Further, the importer is required to

complete and return to the Assistant Administrator, no later than 10

days after the date of the importation, an import ticket reporting the

importation. However, 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.

(2) A permit issued under this section does not authorize the

harvest of any AMLRs.

(b) Application. Application forms for import permits are available

from the Assistant Administrator (Attn: CCAMLR permits). A fully

completed and accurate application must be submitted for each import

permit requested at least 30 days before the anticipated date of the

importation.

(c) Issuance. The Assistant Administrator may issue an import

permit if the Assistant Administrator determines that the importation

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. Blank import tickets will be attached to the permit.

Additional blank import tickets are available from the Assistant

Administrator.

(d) Duration. An import permit is valid from its date of issuance

to its date of expiration unless it is revoked or suspended.

(e) Transfer. An import permit is not transferable or assignable.

(f) Changes in information submitted by permit applicants or

holders--(1) Changes in pending applications. Applicants for an import

permit must report in writing to the Assistant Administrator any change

in the information submitted in their import permit application. The

processing period for the application will be extended as necessary to

review the change.

(2) Changes occurring after permit issuance. Any entity issued an

import permit must report in writing to the Assistant Administrator any

changes in previously submitted information. Any changes that would not

result in a change in the importation authorized by the permit must be

reported on the import ticket required to be submitted to the Assistant

Administrator no later than 10 days after the date of importation. Any

changes that would result in a change in the importation authorized by

the permit, such as country of origin, type and quantity of the

resource to be imported, and Convention statistical subarea from which

the resource was harvested, must be proposed in writing to the

Assistant Administrator and may not be undertaken unless authorized by

the Assistant Administrator by a permit revision or new permit.

(g) Revision, suspension, or revocation. An import permit may be

revised, suspended, or revoked based upon information subsequently

reported, effective upon notification to the permit holder. An import

permit may be revised, suspended, or revoked,

[[Page 25465]]

based upon a violation of the permit, the Act, or this subpart. Failure

to report a change in the information contained in an import permit

application 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.

(h) Disposition of resources not accompanied by required

documentation. (1) When AMLRs are imported into the United States

unaccompanied by a permit authorizing import, the importer must either:

(i) Abandon the resources;

(ii) Waive claim to the resources; or

(iii) Place the resources into a bonded warehouse and attempt to

obtain a permit authorizing their importation.

(2) If, within 60 days of such resources being placed into a bonded

warehouse, the District Director of the U.S. Customs Service receives

documentation that import of the resources into the United States is

authorized by a permit, the resources will be allowed entry. If

documentation of a permit is not presented within 60 days, the

importer's claim to the resources will be deemed waived.

(3) When resources are abandoned or claim to them waived, the

resources will be delivered to the Administrator of NOAA, or a

designee, for storage or disposal as authorized by law.

Sec. 300.114 Appointment of a designated representative.

(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 Sec. 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.

Sec. 300.115 Prohibitions.

In addition to the prohibitions in Sec. 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 Sec. 300.112.

(b) Import into the United States any AMLRs without either a permit

to import those resources as required by Sec. 300.113 or a permit to

harvest those resources as required by Sec. 300.112.

(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 Sec. 300.111.

(m

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