50 CFR Part 300 — International Fisheries Regulations

PART 300—INTERNATIONAL FISHERIES REGULATIONS Authority: 16 U.S.C. 951 et seq., et seq., et seq., et seq., et seq. Source: 61 FR 35550, July 5, 1996, unless otherwise noted. Editorial Note: Nomenclature changes to part 300 appear at 64 FR 44431, Aug. 16, 1999, and at 76 FR 59305, Sept. 26, 2011. Subpart A—General Authority: 16 U.S.C. 2431 et seq., et seq. § 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. § 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 Authorized officer (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 Exclusive Economic Zone EEZ Fishing to fish (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 IATTC Import IRCS Magnuson-Stevens Act et seq. National of the United States U.S. national NMFS NMFS Headquarters Attention: Official number Operator Owner (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 Regional Administrator Science and Research Director Secretary USCG Yellowfin tuna Thunnus albacares Neothunnus macropterus [61 FR 35550, July 5, 1996, as amended at 76 FR 59305, Sept. 26, 2011] § 300.3 Relation to other laws. Other laws that may apply to fishing activities addressed herein are set forth in § 600.705 of chapter VI of this title. § 300.4 General prohibitions. 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 fish imported, exported or re-exported in violation of this part. (p) Import, export, or re-export any fish regulated under this part without a valid International Fisheries Trade Permit as required under § 300.322 or applicable shipment documentation as required under § 300.323. (q) Violate any provision of any statute implemented by this part. (r) Attempt to do any of the foregoing. [61 FR 35550, July 5, 1996, as amended at 81 FR 51133, Aug. 3, 2016] § 300.5 Facilitation of enforcement. (a) Compliance. (1) For the purposes of this section “freeboard” means the working distance between the top rail of the gunwale of a vessel and the water's surface. Where cut-outs are provided in the bulwarks for the purpose of boarding personnel, freeboard means the distance between the threshold of the bulwark cut-out and the water's surface. (2) For the purposes of this section, “pilot ladder” means a flexible ladder constructed and approved to meet the U.S. Coast Guard standards for pilot ladders at 46 CFR subpart 163.003 entitled Pilot Ladder. (b) Communications. (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. (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 fishing vessels with a freeboard of 4 feet (1.25 m) or less, provide, when requested by an authorized officer or CCAMLR inspector, a pilot ladder capable of being used for the purpose of enabling the authorized officer or CCAMLR inspector to embark and disembark the vessel safely. The pilot ladder must be maintained in good condition and kept clean. (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 pilot 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. (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.” [61 FR 35550, July 5, 1996, as amended at 73 FR 67809, Nov. 17, 2008] Subpart B [Reserved] Subpart C—Eastern Pacific Tuna Fisheries Authority: 16 U.S.C. 951 et seq. § 300.20 Purpose and scope. (a) The regulations in this subpart are issued under the authority of the Tuna Conventions Act of 1950, as amended (Act), and apply to persons and vessels subject to the jurisdiction of the United States. The regulations implement recommendations and other decisions of the Inter-American Tropical Tuna Commission (IATTC) for the conservation and management of stocks of tunas and tuna-like species and other species of fish taken by vessels fishing for tunas and tuna-like species in the IATTC Convention Area. The Secretary of Commerce, in consultation with the Secretary of State and, with respect to enforcement measures, the U.S. Coast Guard, may promulgate such regulations as may be necessary to carry out the U.S. international obligations under the Convention for the Establishment of an Inter-American Tropical Tuna Commission (Convention), the Convention for the Strengthening of the Inter-American Tropical Tuna Commission Established by the 1949 Convention between the United States of America and the Republic of Costa Rica (Antigua Convention), and the Act, including recommendations and other decisions adopted by the IATTC. (b) This subpart does not apply to: (1) 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; or (2) Any person or vessel engaged in sport fishing for personal use. [87 FR 40735, July 8, 2022] § 300.21 Definitions. In addition to the terms defined in § 300.2, in the Act, the Convention for the Establishment of an Inter-American Tropical Tuna Commission (Convention), and the Convention for the Strengthening of the Inter-American Tropical Tuna Commission Established by the 1949 Convention between the United States of America and the Republic of Costa Rica (Antigua Convention), the terms used in this subpart have the following meanings. If a term is defined differently in § 300.2, in the Act, or in the Antigua Convention, the definition in this section shall apply. Activation of a satellite buoy Active FAD Biodegradable Commercial Commercial passenger fishing vessel Convention Area IATTC Convention Area Data buoy Deactivation of a satellite buoy Dolphin set Fish aggregating device (FAD) Fishing trip Fishing vessel Floating object Floating object set Force majeure Highly Migratory Species (HMS) Branch wcr.hms@noaa.gov. Incidental catch incidental species Land Landing Longline gear Mesh size Mobulid ray Manta spp. Mobula spp. Non-entangling FAD e.g., e.g., Non-fishing FAD Observer Overall length Reactivation of a satellite buoy Regional Administrator Regional Vessel Register (hereafter referred to as Vessel Register) Satellite buoy Shark line Signal loss South Pacific Tuna Treaty Sustainable Fisheries Division (SFD) Tender vessel Transship Transshipment receiving vessel Trip limit Tropical tuna Common name Scientific name Bigeye tuna Thunnus obesus. Skipjack tuna Katsuwonus pelamis. Yellowfin tuna Thunnus albacares. Tuna Katsuwonus pelamis. Vessel monitoring system (VMS) VMS unit, [61 FR 35550, July 5, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 300.22 Recordkeeping and reporting requirements. (a) Logbooks General logbook reporting. (2) Longline and other non-purse seine logbooks. (3) Purse seine logbooks. (b) Whale shark encirclement reporting. Rhincodon typus (c) FAD reporting Reporting on FAD interactions. (2) Reporting on Active FADs. (3) Deactivation of Active FADs. (4) Reactivation of Active FADs. (5) Reporting on recovered FADs. (d) Cannery reporting. (e) Sea turtle interaction reporting. (1) Required information. (i) Number of individual sea turtles with which the vessel interacted; (ii) Date of interaction; (iii) Location of interaction (latitude and longitude of interaction); (iv) Fishing gear type; (v) Species identification; (vi) Size ( i.e., (vii) Capture and release condition ( e.g., (2) Supplemental information. (i) The anatomical hooking location ( e.g., (ii) Amount of gear left on the animal, if applicable ( e.g., (iii) Any associated photographs. [87 FR 40736, July 8, 2022, as amended at 89 FR 96909, Dec. 6, 2024; 91 FR 41576, July 7, 2026] § 300.23 IATTC Regional Vessel Register. (a) IATTC Regional Vessel Register (Vessel Register). (1) Exception from requirement for inclusion on the Vessel Register. Federal Register (2) Requirements for inclusion of purse seine vessels on the Vessel Register. (b) Vessel information to be collected for the Vessel Register Required information. (2) IMO numbers. (3) Requirements for IMO numbers. https://imonumbers.lrfairplay.com/. (4) Request for exemption. wcr.hms@noaa.gov, (5) Exemption process. (c) Purse seine Vessel Register listing. (1) Restrictions for purse seine vessels. (i) The cumulative carrying capacity of all tuna purse seine vessels on the Vessel Register may not exceed 31,866 cubic meters in a given year; and (ii) A purse seine vessel in excess of 400 st (362.8 mt) carrying capacity may not be added to active status on the Vessel Register unless the captain of the vessel has obtained a valid operator permit under 50 CFR 216.24(b)(2). (2) Active status for purse seine vessels. (i) To request a purse seine vessel of 400 st (362.8 mt) carrying capacity or less be listed on the Vessel Register and be categorized as active, the vessel owner or managing owner must submit to the HMS Branch written notification including, but not limited to, a vessel photograph, the vessel information as described under paragraph (b) of this section, and the owner or managing owner's signature, business email address, and business telephone and fax numbers. If a purse seine vessel of 400 st (362.8 mt) carrying capacity or less is required by the Agreement on the IDCP to carry an observer, the vessel owner or managing owner must also submit payment of the vessel assessment fee to the IATTC. (ii) The Regional Administrator must receive the vessel permit application or written notification and payment of the permit application fee and payment confirmation of the vessel assessment fee no later than September 15 for vessels for which a DML was requested for the following year and no later than November 30 for vessels for which a DML was not requested for the following year. Submission of the vessel permit application or written notification and payment of the vessel assessment fee and permit application fee will be interpreted by the Regional Administrator as a request for a vessel to be categorized as active. (3) Inactive status for purse seine vessels. (ii) To request a tuna purse seine vessel of 400 st (362.8 mt) carrying capacity or less be listed on the Vessel Register and categorized as inactive for the following calendar year, the vessel owner or managing owner must submit to the HMS Branch a written notification including, but not limited to, the vessel name and registration number and the vessel owner or managing owner's name, signature, business address, business email address, and business telephone and fax numbers. Payment of the vessel assessment fee is not required for vessels of 400 st (362.8 mt) carrying capacity or less to be categorized as inactive. (iii) At any time during the year, a vessel owner or managing owner may request that a tuna purse seine vessel qualified to be listed on the Vessel Register under paragraph (a)(2) of this section be categorized as inactive for the remainder of the calendar year, provided the cumulative carrying capacity described in paragraph (c)(1)(i) of this section is not exceeded. To request a purse seine vessel in excess of 400 st (362.8 mt) carrying capacity be listed on the Vessel Register and categorized as inactive for the remainder of the calendar year, the vessel owner or managing owner must submit to the IATTC payment of the associated vessel assessment fee. To request a tuna purse seine vessel of 400 st (362.8 mt) carrying capacity or less be listed on the Vessel Register and categorized as inactive for the remainder of the calendar year, the vessel owner or managing owner must submit to the HMS Branch written notification as described in paragraph (c)(3)(i) of this section. Payment of the vessel assessment fee is not required for such vessels. (iv) The vessel owner or managing owner of a purse seine vessel listed as active on the Vessel Register that has sunk may request the vessel be listed as sunk and categorized as inactive on the Vessel Register. To request the vessel be listed as sunk and categorized as inactive on the Vessel Register, the vessel owner or managing owner must submit to the HMS Branch written notification within 30 days of the vessel's sinking. Written notification shall include, but is not limited to, the vessel name, date of sinking, registration number, the vessel owner or managing owner's name, signature, business address, business email address, and business telephone and fax numbers. For subsequent calendar years, vessel assessment fee payment shall be made as described in paragraph (c)(3) of this section. (v) A vessel listed as inactive or sunk on the Vessel Register for more than two consecutive calendar years after January 21, 2020, requesting active status will be prioritized according to the hierarchy under paragraph (e) of this section. A vessel listed as inactive or sunk on the Vessel Register for more than two consecutive calendar years after January 21, 2020, will be removed from the Vessel Register as described in paragraph (f)(9) of this section. (d) Frivolous requests for purse seine vessels on the Vessel Register. (i) Less than 20 percent of the vessel's total landings, by weight, in that same year is comprised of tuna harvested by purse seine in the Convention Area; or (ii) The vessel did not fish for tuna at all in the Convention Area in that same year. (2) Requests described under paragraph (d)(1) of this section will not be considered frivolous requests if: (i) The vessel's catch pattern fell within the criteria described in paragraph (d)(1) of this section as a result of force majeure (ii) The vessel's carrying capacity is 400 st (362.8 mt) or less and there was at least one documented landing of tuna caught by the vessel in the Convention Area in the calendar year prior to the year in which the request is made and through November 15 of the year of the request, unless the vessel was not able to make a landing as a result of force majeure (iii) The vessel was listed as inactive before January 21, 2020, and has not been listed as inactive for more than two consecutive calendar years since January 21, 2020. (e) Listing hierarchy for purse seine vessels on the Vessel Register. (1) Requests received for replacement vessels with a carrying capacity equal to or less than a vessel removed from the Vessel Register under a request described in paragraph (j) of this section; (2) Requests received for vessels that were categorized as active in the previous year, unless the request was determined to be frivolous by the Regional Administrator under paragraph (c)(2) of this section; (3) Requests received for vessels that were categorized as inactive under paragraph (c)(3) of this section in the previous year, unless that vessel has been listed as inactive or sunk under paragraph (c)(3) for more than 2 consecutive calendar years after January 21, 2020; (4) Requests for vessels not described in paragraphs (e)(1) through (3) of this section, and requests, if applicable, by replacement vessels for the portion of the carrying capacity greater than the amount authorized to the vessel that was replaced under paragraph (j) of this section, will be prioritized on a first-come, first-served basis according to the date and time of receipt, provided that the associated vessel assessment fee is paid by the applicable deadline described in 50 CFR 216.24(b)(6)(iii); and (5) Requests received from owners or managing owners of vessels that were determined by the Regional Administrator to have made a frivolous request for active status under paragraph (d) of this section or that have been listed as inactive or sunk as described in paragraph (c)(3) of this section for more than two consecutive calendar years after January 21, 2020. (f) Removal from the Vessel Register. (1) The vessel has sunk and the vessel owner or managing owner has not submitted written notification as described in paragraph (c)(3)(iv) of this section. (2) By written request of the vessel's owner or managing owner. (3) Following a final agency action on a permit sanction for a violation. (4) For failure to pay a penalty or for default on a penalty payment agreement resulting from a final agency action for a violation. (5) The U.S. Maritime Administration or the U.S. Coast Guard notifies NMFS that: (i) The owner has submitted an application for transfer of the vessel to foreign registry and flag; or (ii) The documentation for the vessel has been or will be deleted for any reason. (6) The vessel does not have a valid state registration or U.S. Coast Guard certificate of documentation. (7) For tuna purse seine vessels, by written notification from the owner or managing owner of the intent to transfer the vessel to foreign registry and flag, as described in paragraph (i) of this section. (8) For tuna purse seine vessels, the request for active status on the Vessel Register has been determined to be a frivolous request. (9) For tuna purse seine vessels, the vessel has been listed as inactive or sunk on the Vessel Register for more than two consecutive calendar years after January 21, 2020. (g) Process for removal from the Vessel Register. (h) Procedures for replacing purse seine vessels removed from the Vessel Register. (2) A purse seine vessel may be added to the Vessel Register and categorized as active in order to replace a vessel or vessels removed from active or inactive status under paragraph (f) of this section, provided the total carrying capacity described in paragraph (c)(1)(i) of this section is not exceeded and the owner submits a complete request under paragraph (h)(4) of this section. (3) Notification of available capacity after a purse seine vessel has been removed from the Vessel Register will be conducted as follows: (i) After a purse seine vessel categorized as active or inactive is removed from the Vessel Register, the Regional Administrator will notify owners or managing owners of vessels eligible for, but not included on, the Vessel Register that replacement capacity is available on the active or inactive list of the Vessel Register. (ii) When a purse seine vessel categorized as active or inactive on the Vessel Register has been removed from the Vessel Register under the procedures described in paragraph (j) of this section, the Regional Administrator will not make available the capacity of the vessel removed from the Vessel Register, and will reserve that capacity for a replacement vessel for a period of 2 years from the date of notification described in paragraph (j)(4) of this section. The replacement vessel will be eligible to be listed as active on the Vessel Register at the same carrying capacity or less as that of the vessel it is replacing. If the replacement vessel has a carrying capacity greater than the vessel being replaced, the vessel owner or managing owner may request additional carrying capacity allocated to the vessel in accordance with paragraph (e)(4) of this section. If additional carrying capacity is not available, the replacement vessel must reduce its carrying capacity to no more than the previously authorized carrying capacity amount for the vessel being replaced by complying with the protocol for sealing wells adopted by the IATTC, prior to it being listed as active on the Vessel Register. Such a vessel may apply for additional carrying capacity as it becomes available under the procedures described in paragraph (e)(4). (4) Vessel owners or managing owners may request a purse seine vessel of 400 st (362.8 mt) carrying capacity or less be categorized as active to replace a vessel or vessels removed from the Vessel Register by submitting to the HMS Branch written notification as described in paragraph (c)(2) of this section and, only if the vessel is required by the Agreement on the IDCP to carry an observer, payment of the vessel assessment fee to the IATTC within 10 business days after submission of the written notification. The replacement vessel will be eligible to be categorized as active on the Vessel Register at the same carrying capacity or less as that of the vessel or vessels it is replacing. If the replacement vessel has a carrying capacity greater than the vessel being replaced, the vessel owner or managing owner may request additional carrying capacity allocated to the vessel in accordance with paragraph (e)(4) of this section. If additional carrying capacity is not available, the replacement vessel must reduce its capacity to no more than the previously authorized carrying capacity for the vessel or vessels being replaced by complying with the protocol for sealing wells adopted by the IATTC, prior to it being listed as active on the Vessel Register. Such a vessel may apply for additional carrying capacity as it becomes available. Payments received will be subject to a 10 percent surcharge for vessels that were listed as active on the Vessel Register in the previous calendar year, but not listed as inactive at the beginning of the calendar year for which active status was requested. (5) Vessel owners or managing owners may request a purse seine vessel in excess of 400 st (362.8 mt) carrying capacity be categorized as active to replace a vessel or vessels removed from the Vessel Register by submitting to the Regional Administrator the vessel permit application as described under 50 CFR 216.24(b) and payment of the vessel assessment fee to the IATTC and payment of the permit application fee to the Regional Administrator within 10 business days after submission of the vessel permit application for the replacement vessel. The replacement vessel will be eligible to be categorized as active on the Vessel Register at the same carrying capacity as that of the vessel or vessels it is replacing. If the replacement vessel has a carrying capacity greater than the vessel being replaced, the vessel owner or managing owner may request additional carrying capacity allocated to the vessel in accordance with paragraph (e)(4) of this section. If additional carrying capacity is not available, the replacement vessel must reduce its carrying capacity to no more than the previously authorized carrying capacity for the vessel or vessels being replaced by complying with the protocol for sealing wells adopted by the IATTC, prior to it being listed as active on the Vessel Register. Such a vessel may apply for additional carrying capacity as it becomes available. The replacement vessel will also only be eligible to be categorized as active on the Vessel Register if the captain of the replacement vessel possesses an operator permit under 50 CFR 216.24(b). Payments received will be subject to a 10 percent surcharge for vessels that were listed as active on the Vessel Register in the previous calendar year, but not listed as inactive at the beginning of the calendar year for which active status was requested. (6) The Regional Administrator will forward requests to replace vessels removed from the Vessel Register within 15 days of receiving each request. (i) Transfers of purse seine vessels to a foreign registry and flag. (j) Aging fleet provision for purse seine vessels. (2) A request made under this provision may include a request to remove the vessel from the Vessel Register. The Regional Administrator will ensure the amount of carrying capacity equal to or less of the vessel being replaced will be available for the replacement vessel for up to 2 years from the date of notification described in paragraph (j)(4) of this section. (3) To request a vessel be replaced under this provision, the vessel owner or managing owner must submit to the HMS Branch written notification including, but not limited to, the vessel name and registration number, the vessel owner or managing owner's name, signature, business address, business email address, and business telephone and fax numbers, and the expected month and year the replacement vessel will be ready to fish in the Convention Area. (4) Within 30 days of receiving each request described in paragraph (j)(3) of this section, the Regional Administrator shall notify the vessel owner or managing owner in writing whether the request has been accepted or denied, and the reasons therefore. [87 FR 40736, July 8, 2022] § 300.24 Prohibitions. In addition to the prohibitions in § 300.4, it is unlawful for any person or vessel subject to the jurisdiction of the United States to: (a) Land any species of tuna during the closed season for that species in excess of the amount allowed by the Regional Administrator. (b) [Reserved] (c) Use tender vessels in the Convention Area. (d) Transship purse seine-caught tuna at sea within the Convention Area. (e) Fail to retain any bigeye, skipjack, or yellowfin tuna caught by a fishing vessel of the United States of class size 4-6 using purse seine gear in the Convention Area as required under § 300.27(a). (f) When using purse seine gear to fish for tuna in the Convention Area, fail to release any fish species (excluding mobulid rays, tuna, tuna-like species, and those being retained for consumption aboard the vessel) as soon as practicable after being identified on board the vessel during the brailing operation as required in § 300.27(b). (g) [Reserved] (h) Fail to use the sea turtle handling, release, and resuscitation procedures in § 300.27(c). (i) Fail to report information when requested by the Regional Administrator under § 300.23. (j) Fail to record or submit information required under § 300.22(b), (d), or (e). (k) Use a U.S. fishing vessel over 24 meters in length to retain on board, transship, or land bigeye tuna caught by longline gear in the Convention Area or to fish in contravention of § 300.25(a)(4)(i) or (ii). (l) Use a U.S. fishing vessel over 24 meters in overall length to fish with longline gear in the Pacific Ocean both inside and outside the Convention Area on the same fishing trip in contravention of § 300.25(a)(4)(iii). (m) Fail to stow gear as required in § 300.25(a)(4)(iv) or (e)(6). (n) Use a fishing vessel of class size 4-6 to fish with purse seine gear in the IATTC Convention Area in contravention of § 300.25(e). (o) Use a U.S. longline or purse seine fishing vessel used to fish for HMS within one nautical mile of an anchored data buoy while the fishing vessel is in the Convention Area in contravention of § 300.25(f)(1). (p) Use a U.S. fishing vessel used for fishing for HMS, or any gear, equipment, or watercraft deployed by such a fishing vessel, to interact with a data buoy in the Convention Area in contravention of § 300.25(f)(2). (q) Remove from the water a data buoy and place it on board or tow a data buoy with a U.S. fishing vessel used for fishing for HMS while the vessel is in the Convention Area without authorization by the owner of the data buoy or the owner's authorized representative in contravention of § 300.25(f)(3). (r) In the event of an entanglement of a data buoy with a U.S. fishing vessel, or its fishing gear, equipment, or associated watercraft, used for fishing for HMS in the Convention Area, fail to promptly remove the data buoy with as little damage to the data buoy and its mooring and anchor lines as possible, in contravention of § 300.25(f)(4). (s) Fail to take all reasonable measures to avoid fishing gear entanglement or interaction with drifting data buoys in contravention of § 300.25(f)(5). (t) Use a U.S. fishing vessel to fish for HMS in the Convention Area and retain on board, transship, land, store, sell, or offer for sale any part or whole carcass of an oceanic whitetip shark ( Carcharhinus longimanus (u) Use a United States commercial fishing vessel in the Convention Area to target, retain on board, transship, or land Pacific bluefin tuna in contravention of § 300.25(g). (v) Fail to maintain, submit, or ensure submission of a log that includes all the information required in § 300.22(a). (w) Set or attempt to set a purse seine on or around a whale shark ( Rhincodon typus (x) Fail to release a whale shark encircled in a purse seine net of a fishing vessel as required in § 300.27(h). (y) Fail to install, activate, or operate a VMS unit as required in § 300.26(c). (z) In the event of VMS unit failure or interruption: fail to repair or replace a VMS unit; fail to notify the Assistant Director, NOAA Office of Law Enforcement, Pacific Islands Division (or designee) and follow the instructions provided; fail to manually report as required in § 300.26(c)(4)(ii); or otherwise fail to act as provided in § 300.26(c)(4). (aa) Disable, destroy, damage or operate improperly a VMS unit installed under § 300.26, or attempt to do any of the same, or fail to ensure that its operation is not impeded or interfered with, as provided in § 300.26(e). (bb) Fail to make a VMS unit installed under § 300.26 or the position data obtained from it available for inspection, as provided in § 300.26 (f) and (g). (cc) To retain on board, transship, store, land, sell, or offer for sale any part or whole carcass of a mobulid ray, as described in § 300.27(i). (dd) Fail to handle or release a mobulid ray as required in § 300.27(j). (ee) Fail to ensure characters of a unique code are marked indelibly on a FAD deployed or modified on or after January 1, 2017, in accordance with § 300.28(a)(2). (ff) Fail to provide information to an observer or record or report data on FADs as required in § 300.22(c). (gg) Use a commercial purse seine or longline fishing vessel of the United States to retain on board, transship, store, or land any part or whole carcass of a silky shark ( Carcharhinus falciformis (hh) Fail to follow observer safety requirements as specified under § 300.29. (ii) Fail to handle or release a shark as required in § 300.27(k). (jj) Use a shark line in contravention of § 300.27(l). (kk) When deploying a FAD, activate the satellite buoy attached to a FAD in a location other than on a purse seine vessel at sea as required in § 300.28(b). (ll) Fail to activate a satellite buoy before deploying a FAD at sea as required in § 300.28(b). (mm) Deploy a FAD in the IATTC Convention Area that is not an Active FAD. (nn) Have more Active FADs than specified in § 300.28(c) in the IATTC Convention Area at any one time. (oo) Deploy a FAD in the IATTC Convention Area during a period of 15 days prior to the start of the selected closure period in contravention of § 300.28(d)(1). (pp) Fail to timely remove from the water a number of FADs in the IATTC Convention Area equal to the number of FADs set upon by the vessel during the 15 days prior to the start of the selected closure period as required in § 300.28(d)(2). (qq) Fail to provide FAD data as described under § 300.28(d)(5). (rr) Except for tuna purse seine vessels, when recovering FADs, performing maintenance and adjustments on deployed FADs, or deploying a FAD. (ss) Deploy or redeploy a FAD in the IATTC Convention Area that fails to comply with the FAD design requirements in § 300.28(g) and (h). [61 FR 35550, July 5, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 300.25 Fisheries management. (a) Longline tuna catch limits. (2) There is a limit of 750 metric tons of bigeye tuna that may be caught by longline gear in the Convention Area by U.S. commercial fishing vessels that are over 24 meters in overall length. The catch limit within a calendar year is subject to increase if the United States receives a transfer of catch limit from another IATTC member or cooperating non-member, per paragraph (a)(5) of this section. (3) NMFS will project a date the limit of bigeye tuna established under paragraph (a)(2) of this section will be reached ( i.e., Federal Register Federal Register (4) Once the closure date is announced, pursuant to paragraph (a)(3) of this section the following restrictions will apply during the period specified in the announcement: (i) A fishing vessel of the United States over 24 meters in overall length may not be used to retain on board, transship, or land bigeye tuna captured by longline gear in the Convention Area, except as follows: (A) Any bigeye tuna already on board a U.S. fishing vessel upon the effective closure date may be retained on board, transshipped, and/or landed, to the extent authorized by applicable laws and regulations, provided that the bigeye tuna is landed within 14 days after the effective closure date. (B) The 14-day limit is waived in the case of a U.S. fishing vessel that has already declared to NMFS, pursuant to § 665.803(a) of this title, that the current trip type is shallow-setting. However, the number of bigeye tuna retained on board, transshipped, or landed must not exceed the number on board the vessel upon the effective closure date, as recorded by the NMFS observer on board the vessel. (ii) Bigeye tuna caught by a vessel of the United States over 24 meters in overall length and using longline gear in the Convention Area may not be transshipped to a fishing vessel unless that fishing vessel is operated in compliance with a valid permit issued under § 660.707 or § 665.801 of this title. (iii) A fishing vessel of the United States over 24 meters in overall length may not be used to fish in the Pacific Ocean using longline gear both inside and outside the Convention Area during the same fishing trip. The only exceptions are: a fishing trip during which the closure date was announced under paragraph (a)(3) of this section, and a trip for which a declaration has been made to NMFS, pursuant to § 665.803(a) of this title, that the current trip is shallow-setting. (iv) If a fishing vessel of the United States over 24 meters in overall length is used to fish in the Pacific Ocean using longline gear outside the Convention Area and the vessel enters the Convention Area at any time during an effective closure period on the same fishing trip, the longline gear on the fishing vessel must be stowed in a manner so as not to be readily available for fishing. Specifically, the hooks, branch or dropper lines, and floats used to buoy the mainline must be stowed and not available for immediate use, and any power-operated mainline hauler on deck must be covered in such a manner that it is not readily available for use. This provision does not apply to trips in which vessels have made a declaration to NMFS, pursuant to § 665.803(a) of this title, that the trip type is shallow-setting. (5) If the United States engages in a transfer of a bigeye tuna catch limit with another IATTC member or cooperating non-member, NMFS will publish a notice in the Federal Register (b) Use of tender vessels. (c) Transshipments at sea. (d) Observer requirements Purse seine vessels. (ii) [Reserved] (2) [Reserved] (e) Purse seine closures 64-day closure. (i) For class size 5-6 purse seine vessels: (A) From 0000 hours Coordinated Universal Time (UTC) August 6 to 2400 hours UTC October 8; or (B) From 0000 hours UTC November 9 to 2400 hours UTC January 11 of the following year. (ii) For class size 4 purse seine vessels a closure of 64 consecutive days must be observed at any time of the year. (2) Additional closure days for vessels that exceed bigeye tuna catch levels. (i) U.S. purse seine vessels that exceed a certain annual catch level of bigeye tuna must increase the number of closure days they observe in the following year, as specified in table 1 to this paragraph (e)(2). (ii) The additional days of closure must be added to the closure period indicated in paragraph (e)(1) of this section. For class 5-6 vessels observing the first closure period, the additional days must be added at the beginning of the closure period. For class 5-6 vessels observing the second closure period, the additional days must be added to the end of the closure period. For class 4 vessels, the additional days must be added consecutively to their chosen days of closure. The HMS Branch will confirm the determination of annual catch levels for U.S. purse vessels based on information provided by the IATTC and notify any U.S. vessel that exceeds a given catch level. Table 1 to Paragraph (e)(2) Catch level (mt) exceeded Additional 1,200 10 1,500 13 1,800 16 2,100 19 2,400 22 (3) Choice of closure period. wcr.hms@noaa.gov (ii) A class size 4 vessel owner, manager, or association representative of a vessel that is subject to the requirements of paragraph (e)(1) of this section must provide written notification to the Regional Administrator declaring which consecutive 64 days of closure that vessel will observe in that year. This written notification must be submitted by email to wcr.hms@noaa.gov (4) Default closure period. (5) Request for exemption due to force majeure. force majeure force majeure (i) A request for an exemption due to force majeure force majeure. wcr.hms@noaa.gov (ii) If accepted by the Sustainable Fisheries Division, the request for exemption due to force majeure wcr.hms@noaa.gov, (iii) If the request for an exemption due to force majeure force majeure (iv) If the request for an exemption due to force majeure force majeure (v) An exemption due to force majeure will apply to only the closure period required under paragraph (e)(1) of this section. Vessels that are both granted a reduced 40-day initial closure period due to force majeure under this paragraph (e)(5) and required to observe additional closure days for exceeding bigeye tuna catch levels under paragraph (e)(2) of this section must observe the reduced closure period consecutively with the additional closure days by adding the additional closure days to either the beginning of the first reduced closure period or the end of the second reduced closure period. (vi) Any purse seine vessel for which a force majeure (6) 31-day area closure. (7) Requirement to stow gear. (f) Restrictions on fishing in proximity to data buoys. (2) A fishing vessel of the United States used to fish for HMS, or any fishing gear, equipment, or watercraft deployed by such a fishing vessel, may not be used to interact with a data buoy while the fishing vessel is in the Convention Area. Interact with a data buoy means to engage in conduct that could impair the functioning of a data buoy through actions that include but that are not limited to the following: encircling the buoy with fishing gear; tying up to or attaching the vessel, or any fishing gear, part or portion of the fishing vessel, including equipment such as watercraft, to a data buoy or its mooring; or cutting a data buoy anchor line. (3) A vessel operator, crew member, or other persons on board a fishing vessel of the United States that is used to fish for HMS may not remove a data buoy or any parts thereof from the water and place it on board the fishing vessel or tow a data buoy when in the Convention Area unless authorized to do so by the owner of the data buoy or an authorized representative or agent of the owner. When practicable, advance written authorization must be available onboard a U.S. fishing vessel that has taken on board or tows a data buoy. In all other cases, a written document ( e.g., (4) In the event that a fishing vessel of the United States that is used to fish for HMS or any of its fishing gear, equipment, or associated watercraft, becomes entangled with a data buoy while the fishing vessel is in the Convention Area, the owner and operator of the fishing vessel must promptly remove the entangled fishing vessel, fishing gear, equipment, or associated watercraft with as little damage to the data buoy and its mooring and anchor lines as possible. (5) A vessel operator, crew member, or other persons on board a fishing vessel of the United States that is used to fish for HMS must take all reasonable measures to avoid fishing gear entanglement or interaction with drifting data buoys. (g) Pacific bluefin tuna (Thunnus orientalis) commercial catch limits, reporting requirements, and in-season action procedures Biennial catch limit for 2025-2026. (2) Annual catch and trip limits for 2025. If the time of year is . . . And NMFS anticipates cumulative catch will be . . . Then the trip limit will be . . . (i) January through June 885 mt 40 mt. 1,060 mt 5 mt. (ii) July through September 985 mt 40 mt. 1,110 mt 5 mt. (iii) October through December 1,085 mt 40 mt. 1,160 mt 5 mt. (3) Annual catch and trip limits for 2026. (i) If the 2026 catch limit is more than 200 metric tons, a 60-metric ton trip limit will be in effect until the following criteria are met: If the time of year is . . . And NMFS anticipates cumulative catch will be within . . . Then the trip limit will be . . . (A) January through June 400 mt of the annual limit 40 mt. 225 mt of the annual limit 5 mt. (B) July through September 300 mt of the annual limit 40 mt. 175 mt of the annual limit 5 mt (C) October through December 200 mt of the annual limit 40 mt. 125 mt of the annual limit 5 mt. (ii) If the 2026 catch limit is 200 metric tons or less, the trip limit will be 5 metric tons for the entire calendar year. (4) In-season actions for trip limits and closure of the fishery. (5) Announcement and effective dates of in-season actions. Federal Register Federal Register (6) Reversal of in-season actions. (7) State of California fish landing receipts. [64 FR 44431, Aug. 16, 1999] Editorial Note: For Federal Register www.govinfo.gov. § 300.26 Vessel monitoring system (VMS). (a) Assistant Director (AD), NOAA Office of Law Enforcement, Pacific Islands Division (or designee) and VMS Helpdesk contact information and business hours. pidvms@noaa.gov; (2) The contact information for the NOAA Office of Law Enforcement's VMS Helpdesk is telephone: (888) 219-9228, ext. 2; email: ole.helpdesk@noaa.gov. (b) Applicability. (c) Provisions for Installation, Activation and Operation VMS Unit Installation. (2) VMS Unit Activation. (i) Turn on the VMS unit to make it operational; (ii) Submit a written activation report to the AD, via mail, facsimile or email, that includes the vessel's name; the vessel's official number; the VMS unit manufacturer and identification number; and telephone, facsimile or email contact information for the vessel owner or operator; and (iii) Receive verbal or written confirmation from the AD that the proper VMS unit transmissions are being received from the VMS unit. (3) VMS Unit Operation. (i) Prior to shutting down the VMS unit, reports to the AD or the NOAA Office of Law Enforcement's VMS Helpdesk via facsimile, email, or web-form the following information: The intent to shut down the VMS unit; the vessel's name; the vessel's official number; an estimate for when the vessel's VMS may be turned back on; and telephone, facsimile or email contact information for the vessel owner or operator. In addition, the vessel owner or operator shall receive verbal or written confirmation from the AD before shutting down the VMS unit after the end of the fishing season; and (ii) When turning the VMS unit back on, report to the AD or the NOAA Office of Law Enforcement's VMS Helpdesk, via mail, facsimile or email, the following information: That the VMS unit has been turned on; the vessel's name; the vessel's official number; and telephone, facsimile or email contact information for the vessel owner or operator; and (iii) Prior to leaving port, receive verbal or written confirmation from the AD that proper transmissions are being received from the VMS unit. (4) Failure of VMS unit. (i) If the vessel is at port: The vessel owner or operator shall repair or replace the VMS unit and ensure it is operable before the vessel leaves port. (ii) If the vessel is at sea: The vessel owner, operator, or designee must contact the Assistant Director (AD) of NOAA Office of Law Enforcement (OLE) by telephone, facsimile, or email at the earliest opportunity during the AD's business hours and identify the caller and vessel. The vessel operator must follow the instructions provided by the AD which could include, but may not be limited to, ceasing fishing, stowing fishing gear, and/or returning to port. The vessel operator must also manually report to OLE every 6 hours by appropriate telecommunication means reports containing: the vessel's identification, the vessel's geographical position (latitude and longitude) accurate to within 100 meters, the date and time (UTC) of the fixing of the vessel's position, and the vessel's speed and course. These reports must continue until the vessel returns to port or the VMS unit is once again functioning normally. The vessel operator must repair or replace the VMS unit and ensure it is operable before starting the next trip. (5) Related VMS Requirements. (d) Costs. (e) Tampering. (f) Inspection. (g) Access to data. [80 FR 60538, Oct. 7, 2015, as amended at 89 FR 54726, July 2, 2024] § 300.27 Incidental catch and tuna retention requirements. (a) Tuna retention requirements for purse seine vessels. (b) Release requirements for fish species on purse seine vessels. Coryphaena hippurus (c) Sea turtle handling and release. (1) Whenever a sea turtle is sighted in the net, vessel owners and operators must take all reasonable steps to ensure its safe release. (2) If a sea turtle is entangled during net roll, the net should be hauled over the turntable to a height of 2 meters, the main boom should be moved to starboard or to port (depending on the vessel's direction) and the net should be rolled back, so that the crew can release the turtle from the netting as soon as possible, and return it to the sea if it is active. Net roll should not start again until the turtle has been disentangled and released. (3) If, in spite of the measures taken under paragraphs (c)(1) and (c)(2) of this section, a sea turtle is accidentally brought on board the vessel alive and active, the vessel's engine shall be disengaged and the sea turtle shall be released as quickly as practicable; (4) If a sea turtle brought on board under paragraph (c)(3) of this section is alive but comatose or inactive, the resuscitation procedures described in § 223.206(d)(1)(i)(B) of this title shall be used before release of the turtle. (5) Vessels must carry on board, and employ, when appropriate, dip nets able to lift and lower sea turtles to and from vessels. Dip nets must follow the design specified in § 660.712(b)(3) of this title. (6) All sea turtles observed entangled in fish-aggregating devices (FADs) must be promptly released unharmed. (d) Oceanic whitetip shark restrictions. Carcharhinus longimanus (e) Silky shark restrictions for purse seine and longline vessels. Carcharhinus falciformis (f) Exception for silky shark caught and frozen on purse seine vessels. (g) Whale shark restrictions for purse seine vessels. Rhincodon typus (h) Whale shark release. e.g., (i) Mobulid ray restrictions. (j) Mobulid ray handling and release. (1) No mobulid ray may be gaffed, no mobulid ray may be lifted by the gill slits or spiracles or by using bind wire against or inserted through the body, and no holes may be punched through the bodies of mobulid ray ( e.g., (2) Applicable to purse seine operations, large mobulid rays must be brailed out of the net by directly releasing the mobulid ray from the brailer into the ocean. Large mobulid rays that cannot be released without compromising the safety of persons or the mobulid ray before being landed on deck, must be returned to the water as soon as possible, either utilizing a ramp from the deck connecting to an opening on the side of the boat, or lowered with a sling or net, using a crane if available. The minimum size for the sling or net must be at least 25 feet in diameter. (k) Shark handling and release requirements. (i) Sharks must be released out of the purse seine net by directly releasing the shark from the brailer into the ocean. Sharks that cannot be released without compromising the safety of persons or the sharks before being landed on deck must be returned to the water as soon as possible, either utilizing a ramp from the deck connecting to an opening on the side of the boat or through escape hatches. If ramps or escape hatches are not available, the sharks must be lowered with a sling or cargo net, using a crane or similar equipment, if available. (ii) No shark may be gaffed or hooked, lifted by the head, tail, gill slits or spiracles, or lifted by using bind wire against or inserted through the body, and no holes may be punched through the bodies of sharks ( e.g., (2) For longline vessels: the crew, operator, or owner of a U.S. commercial longline fishing vessel must promptly release unharmed, to the extent practicable, any shark (whether live or dead) caught in the IATTC Convention Area that is not retained, as soon as it is seen on the line, without compromising the safety of any persons. If a shark is live when seen on the line, the crew, operator, or owner must follow these release procedures: (i) Leave the shark in the water. (ii) Use a line clipper meeting the minimum design standards in paragraph (m) of this section to cut the branchline so that less than 1 meter (or 3.3 ft) of line remains on the animal. If this is not possible without compromising the safety of any persons, cut the branchline as close to the hook as possible. (l) Shark line prohibition for longline vessels. (m) Possession and use of required mitigation gear. (i) The line clipper must have a protected cutting blade. The cutting blade must be curved, recessed, contained in a holder, or otherwise afforded some protection to minimize direct contact of the cutting surface with animals or users of the cutting blade. (ii) The cutting blade edge must be capable of cutting 2.0-2.1 mm monofilament line and nylon or polypropylene multi-strand material commonly known as braided mainline or tarred mainline. (iii) The line clipper must have an extended reach handle or pole of at least 6 ft (1.82 m) for the cutting blade. (iv) The cutting blade must be securely fastened to the extended reach handle or pole to ensure effective deployment and use. (2) [Reserved] (n) Prohibition on shark finning. [81 FR 50403, Aug. 1, 2016, as amended at 81 FR 86970, Dec. 2, 2016; 82 FR 56178, Nov. 28, 2017; 84 FR 70048, Dec. 20, 2019; 85 FR 29669, May 18, 2020; 87 FR 40741, July 8, 2022; 89 FR 54726, July 2, 2024; 91 FR 41577, July 7, 2026] § 300.28 FAD restrictions. (a) FAD identification requirements for purse seine vessels. e.g., (2) U.S. purse seine vessel owners and operators shall ensure the characters of the unique code or unique identifier be marked indelibly at least five centimeters in height on the upper portion of the attached radio or satellite buoy in a location that does not cover the solar cells used to power the equipment. For FADs without attached radio or satellite buoys, the characters shall be on the uppermost or emergent top portion of the FAD. The vessel owner or operator shall ensure the marking is visible at all times during daylight. In circumstances where the on-board observer is unable to view the code, the captain or crew shall assist the observer ( e.g., (b) Activating FADs for purse seine vessels. (c) Restrictions on Active FADs for purse seine vessels. 3 Table 1 to Paragraph ( c Well volume 3 Active 1,200 or more 340 426-1,199 210 213-425 85 0-212 50 (d) Restrictions on satellite buoy deactivations. (1) Complete loss of signal reception; (2) Appropriation of a FAD by a third party; (3) Temporarily during a selected closure period; (4) For being outside of the area between the meridians 150° W long. and 100° W long., and the parallels 8° N lat. and 10° S lat.; the area between the meridian 100° W long. and the coast of the American continent and the parallels 5° N lat. and 15° S lat. FADs drifting south of 10° S lat. and west of 100° W long. must not be deactivated and the vessels or vessel operators must share their position with FAD recovery programs or other vessels capable of retrieving FADs for final disposal. These FADs will be considered “non-fishing FADs” and excluded from active FAD limits in paragraph (c) of this section if: (i) The buoys send location data only for recovery purposes; (ii) The vessel or vessel operator instructs the buoy service provider to share the FAD location with recovery programs and other vessels capable of retrieving FADs and the location data are no longer shared with the vessel or vessel operator; (iii) The location data is shared with a frequency of at least one position per day; (iv) The position is not visible to the owner and the FAD will not be set on; (v) Location data is shared for at least 6 months when drifting in the area defined in this paragraph; and (vi) The echosounder is turned off and this status is reported to the IATTC; or (5) Transfer of ownership. (e) Restrictions on satellite buoy reactivations. (1) To assist in the recovery of a beached FAD; (2) After a temporary deactivation during the closure period; or (3) Transfer of ownership while the FAD is at sea. (f) Restrictions on FAD deployments, removals, and recovery. (2) During the 15 days prior to the start of the closure period selected by the vessel per § 300.25(e)(1), U.S. vessel owners, operators, and crew of purse seine vessels of class size 6 (greater than 363 metric tons carrying capacity) must remove from the water a number of FADs equal to the number of FADs set upon by the vessel during that same 15 day period. (3) U.S. vessel owners and operators may recover FADs for final disposal or recycling. Recovery activities must be limited to the collection of FADs for final disposal or recycling and may not include any type of maintenance or adjustment on deployed FADs. (g) Non-entangling FAD materials. i.e., (h) Biodegradable FAD materials. (1) Beginning January 1, 2026, all FADs deployed or redeployed in the IATTC Convention Area must be designed and constructed according to one of the following sets of specifications: (i) The surface part of the FAD must be made of fully biodegradable materials, except for flotation components ( e.g., e.g., (ii) The subsurface part of the FAD must be made of fully biodegradable materials, whereas the surface part and any flotation components ( e.g., e.g., (iii) The surface part, except for flotation components ( e.g., (2) Beginning January 1, 2029, all FADs deployed or redeployed in the IATTC Convention Area must be made of fully biodegradable materials, except for flotation components ( e.g., (3) Restrictions on biodegradable FAD materials set forth in paragraphs (h)(1) and (2) of this section do not apply to satellite buoys that are attached to FADs in order to track them. [83 FR 15510, Apr. 11, 2018, as amended at 83 FR 62734, Dec. 6, 2018; 87 FR 40741, July 8, 2022; 89 FR 96909, Dec. 6, 2024; 90 FR 22027, May 23, 2025; 91 FR 41577, July 7, 2026] § 300.29 Observers. The following requirements apply to all on-board fisheries observers required under this subpart, which includes observers on purse seine, longline vessels, and transshipment carrier vessels, and while on a fishing trip in the IATTC Convention Area. (a) Contact information. https://www.fisheries.noaa.gov/west-coast/partners/emergency-contacts-vessel-owners-operators-and-observers-longline-and-purse. (b) Loss of life. (c) Serious illness or injury. (1) Immediately cease fishing operations; (2) Take all reasonable actions to care for the observer and provide any medical treatment available and possible on board the vessel, and where appropriate seek external medical advice; (3) Where directed by the observer provider, if not already directed by the appropriate U.S. Government contact, facilitate the disembarkation and transport of the observer to a medical facility equipped to provide the required care, as soon as practicable; and (4) Cooperate fully in any official investigations into the cause of the illness or injury. (d) Assault, intimidation, threat, or harassment. (1) Immediately take action to preserve the safety of the observer and mitigate and resolve the situation on board; (2) If the observer or the observer provider indicate that they wish for the observer to be removed from the vessel, facilitate the safe disembarkation of the observer in a manner and place, as agreed by the observer provider and a U.S. Government contact, that facilitates access to any needed medical treatment; and (3) Cooperate fully in any official investigations into the incident. [85 FR 29669, May 18, 2020] Subpart D—South Pacific Tuna Fisheries Authority: 16 U.S.C. 973-973r. § 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. § 300.31 Definitions. In addition to the terms defined in § 300.2, in the Act, and in the Treaty, and unless the context requires otherwise, the terms used in this subpart have the following meanings. If a term is defined differently in § 300.2, the Act, or the Treaty, the definition in this section shall apply. Administrator Applicable national law Pacific Island Party Laws AUSTRALIA Antarctic Marine Living Resources Conservation Act, 1981. Fisheries Administration Act, 1991. COOK ISLANDS Exclusive Economic Zone (Foreign Fishing Craft) Regulations, 1979. FEDERATED STATES OF MICRONESIA Titles 18 and 24 of the Code of the Federated States of Micronesia, as amended by Public Law Nos. 2-28, 2-31, 3-9, 3-10, 3-34, and 3-80. FIJI Fisheries Act (Cap. 158). KIRIBATI Fisheries Ordinance, 1979. MARSHALL ISLANDS Title 33, Marine Resources Act, as amended by P.L. 1989-56, P.L. 1991-43, and P.L. 1992-25 of the Marshall Islands Revised Code. NAURU Interpretation Act, 1971. NEW ZEALAND Antarctic Marine Living Resources Act, 1981. Driftnet Prohibition Act, 1991. NIUE Niue Fish Protection Ordinance 1965. PALAU Palau National Code, Title 27. PAPUA NEW GUINEA Fisheries Act (Cap 214). SOLOMON ISLANDS Delimitation of Marine Waters Act, 1978. TONGA Fisheries Act, 1989. TUVALU Fisheries Act (Cap 45). VANUATU Fisheries Act 1982 (Cap 158). SAMOA Exclusive Economic Zone Act, 1977. Authorized inspector Authorized officer Authorized party officer Closed area Pacific Island Party Area AUSTRALIA All waters within the seaward boundary of the Australian Fishing Zone (AFZ) west of a line connecting the point of intersection of the outer limit of the AFZ by the parallel of latitude 25° 30′ South with the point of intersection of the meridian of longitude 151° East by the outer limit of the AFZ and all waters south of the parallel of latitude 25° 30′ South. COOK ISLANDS Territorial Sea. FEDERATED STATES OF MICRONESIA Three nautical mile territorial sea and nine nautical mile exclusive fishery zone and on all named banks and reefs as depicted on the following charts: DMAHTC NO 81019 (2nd. ed., Mar. 1945; revised 7/17/72; corrected through NM 3/78 of 21 June 1978). DMAHTC NO 81023 (3rd. ed., 7 Aug. 1976). DMAHTC NO 81002 (4th. ed., 26 Jan. 1980; corrected through NM 4/80). FIJI Internal waters, archipelagic waters and territorial seas of Fiji and Rotuma and its Dependencies. KIRIBATI Within archipelagic waters as established in accordance with Marine Zones (Declaration) Act 1983; within 12 nautical miles drawn from the baselines from which the territorial seas is measured; and within 2 nautical miles of any anchored fish aggregating device within the Kiribati exclusive economic zone for which notification of its location shall be given by geographical coordinates. MARSHALL ISLANDS 12 nautical mile territorial sea and area within two nautical miles of any anchored fish aggregating device within the Marshall Islands exclusive economic zone for which notification of its location shall be given by geographical coordinates. NAURU The territorial waters as defined by Nauru Interpretation Act, 1971, Section 2. NEW ZEALAND Territorial waters; waters within 6 nautical miles of outer boundary of territorial waters; all waters to west of New Zealand main islands and south of 39° South latitude; all waters to east of New Zealand main islands south of 40° South latitude; and in respect of Tokelau: areas within 12 nautical miles of all island and reef baselines; twelve and one half nautical miles either side of a line joining Atafu and Nukunonu and Faka'ofo; and coordinates as follows: Atafu: 8°35′10″ S, 172°29′30″ W Nukunonu: 9°06′25″ S, 171°52′10″ W 9°11′30″ S, 171°47′00″ W Faka'ofo: 9°22′30″ S, 171°16′30″ W NIUE Territorial sea and within 3 nautical miles of Beveridge Reef, Antiope Reef and Haran Reef as depicted by appropriate symbols on NZ 225F (chart showing the territorial sea and exclusive economic zone of Niue pursuant to the Niue Territorial Sea and Exclusive Economic Zone Act of 1978). PALAU Within 12 nautical miles of all island baselines in the Palau Islands; and the area: commencing at the north-easternmost intersection of the outer limit of the 12 nautical mile territorial sea of Palau by the arc of a circle having a radius of 50 nautical miles and its center at Latitude 07°16′34″ North, longitude 134°28′25″ East, being at about the center of the reef entrance to Malakal Pass; running thence generally south-easterly, southerly, south-westerly, westerly, north-westerly, northerly and north-easterly along that arc to its intersection by the outer limit of the 12 nautical mile territorial sea; and thence generally northerly, north-easterly, easterly, south-easterly and southerly along that outer limit to the point of commencement. Where for the purpose of these specifications it is necessary to determine the position on the surface of the Earth of a point, line or area, it shall be determined by reference to the World Geodetic System 1984; that is to say, by reference to a spheroid having its center at the center of the Earth and a major (equatorial) radius of 6,378,137 meters and a flattening of 1/298.2572. PAPUA NEW GUINEA All territorial seas, archipelagic and internal waters. SOLOMON ISLANDS All internal waters, territorial seas and archipelagic waters; and such additional waters around the main group archipelago, as defined under the Delimitation of Marine Waters Act 1978, not exceeding sixty nautical miles. TONGA All waters with depths of not more than 1,000 meters, within the area bounded by the fifteenth and twenty third and one half degrees of south latitudes and the one hundred and seventy third and the one hundred and seventy seventh degrees of west longitudes; also within a radius of twelve nautical miles from the islands of Teleki Tonga and Teleki Tokelau. TUVALU Territorial sea and waters within two nautical miles of all named banks, that is Macaw, Kosciusko, Rose, Bayonnaise and Hera, in Tuvalu exclusive economic zone, as depicted on the chart entitled “Tuvalu Fishery Limits” prepared by the United Kingdom Hydrographic Department, Taunton, January 11, 1981. VANUATU Archipelagic waters and the territorial sea, and internal waters. SAMOA Territorial sea; reefs, banks and sea-mounts and within 2 nautical miles of any anchored fish aggregating device within the Samoa exclusive economic zone for which notification of its location shall be given by geographical coordinates. FFA Vessel Register Fishing Fishing arrangement Fishing vessel vessel Licensing Area (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 Operator Pacific Island Party Pacific Islands Forum Fisheries Agency FFA Regional Administrator Transship Treaty Area Point Latitude Longitude A 2°35′39″ S 141°00′00″ E B 1°01′35″ N 140°48′35″ E C 1°01′35″ N 129°30′00″ E D 10°00′00″ N 129°30′00″ E E 14°00′00″ N 140°00′00″ E F 14°00′00″ N 142°00′00″ E G 12°30′00″ N 142°00′00″ E H 12°30′00″ N 158°00′00″ E I 15°00′00″ N 158°00′00″ E J 15°00′00″ N 165°00′00″ E K 18°00′00″ N 165°00′00″ E L 18°00′00″ N 174°00′00″ E M 12°00′00″ N 174°00′00″ E N 12°00′00″ N 176°00′00″ E O 5°00′00″ N 176°00′00″ E P 1°00′00″ N 180°00′00″ Q 1°00′00″ N 164°00′00″ W R 8°00′00″ N 164°00′00″ W S 8°00′00″ N 158°00′00″ W T 0°00′00″ 150°00′00″ W U 6°00′00″ S 150°00′00″ W V 6°00′00″ S 146°00′00″ W W 12°00′00″ S 146°00′00″ W X 26°00′00″ S 157°00′00″ W Y 26°00′00″ S 174°00′00″ W Z 40°00′00″ S 174°00′00″ W AA 40°00′00″ S 171°00′00″ W AB 46°00′00″ S 171°00′00″ W AC 55°00′00″ S 180°00′00″ AD 59°00′00″ S 160°00′00″ E AE 59°00′00″ S 152°00′00″ E and north along the 152 degrees of East longitude until intersecting the Australian 200-nautical-mile limit. UTC Vessel Monitoring System Unit VMS unit, [61 FR 35550, July 5, 1996, as amended at 72 FR 6149, Feb. 9, 2007; 75 FR 74643, Dec. 1, 2010; 79 FR 64110, Oct. 28, 2014] § 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 exempted by § 300.39. Each licensing period begins on June 15 and ends on June 14 of the following year. (b) Upon receipt, the license or a copy or facsimile thereof 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. A vessel may be used to fish in the Licensing Area if the license has been issued but not yet received, provided that the license number is available on board. (c) The total number of licenses that may be issued and valid at any point in time is 45, five of which shall be reserved for fishing vessels of the United States engaged in joint venture arrangements. (1) For the purpose of this section, the licenses reserved for vessels engaged in joint venture arrangements are referred to as “joint venture licenses,” and the remaining licenses are referred to as “general licenses.” (2) A joint venture arrangement is one in which the subject vessel and its operators are engaged in fishing-related activities designed to maximize the benefits generated for the Pacific Island Parties from the operations of fishing vessels licensed pursuant to the Treaty, as determined by the Administrator. Such activities can include the use of canning, transshipment, vessel slipping and repair facilities located in the Pacific Island Parties; the purchase of equipment and supplies, including fuel supplies, from suppliers located in the Pacific Island Parties; and the employment of nationals of the Pacific Island Parties on board such vessels. (d) Licenses are issued by the Administrator. The Administrator will issue licenses only for applications that have been approved by the Regional Administrator. The Regional Administrator's approval is indicated by the signature of the Regional Administrator on the part of the application form labeled “Schedule 1.” Upon approval by the Regional Administrator of a license application, the complete application will be forwarded to the Administrator for consideration. Except as provided in paragraph (n) of this section, prior to approving license applications for a given licensing period, the Regional Administrator will issue pre-approvals of license applications that serve the purpose of temporarily reserving approvals up until the time complete applications are due to be received by the Regional Administrator. (e) The Regional Administrator, in his or her sole discretion, may approve fewer license applications than there are licenses available for any given licensing period or at any given time. (f) A pre-approval or approval issued by the Regional Administrator pursuant to this section: (1) Shall not confer any right of compensation to the recipient of such pre-approval or approval; (2) Shall not create, or be construed to create, any right, title, or interest in or to a license or any fish; and (3) Shall be considered a grant of permission to the recipient of the pre-approval or approval to proceed with the process of seeking a license from the Administrator. (g) A pre-approval or approval issued by the Regional Administrator pursuant to this section is subject to being rescinded at any time if the Regional Administrator determines that an administrative error has been made in its granting, false information has been provided by the applicant, circumstances have changed such that the information provided by the applicant is no longer accurate, true or valid, or if the applicant or vessel no longer meets the requirements for licensing under this subpart or under the Act or other applicable law. NMFS will notify the applicant of its rescission of a pre-approval or approval within 14 days of the rescission. In the event that the Regional Administrator rescinds an approval after the license has been issued, NMFS will notify the Administrator of such, and request that the Administrator immediately revoke the license. (h) Application process for general licenses. (2) In order for a general license to be issued for a vessel, an applicant must submit a complete application to, and obtain an application approval from, the Regional Administrator. (3) Except for the 2011-2012 licensing period, prior to submitting a complete application, an applicant may request pre-approval of an application by the Regional Administrator by submitting an expression of interest. A pre-approval of an application establishes that the applicant is eligible to be considered for one of the available licenses following timely submission of a complete application. Although submission of an expression of interest is entirely voluntary, applications that have not been pre-approved might not be eligible for approval if the number of applications exceeds the number of available licenses for a given licensing period. A pre-approval will be deemed to be void if the applicant fails to submit a complete application by the date established in paragraph (h)(6) of this section. (4) Except as provided in paragraph (n) of this section, in order to obtain a pre-approval for a given licensing period, either an expression of interest or a complete application must be submitted to and received by the Regional Administrator no later than June 1st of the year preceding the year in which the licensing period begins. (5) An expression of interest must include the information listed below, which may be submitted by electronic or hard-copy correspondence following instructions provided by the Regional Administrator. (i) If the expression of interest is for a vessel for which, as of the June 1st due date for submitting such expression of interest, NMFS has issued an application approval for the licensing period that starts that year (i.e., a renewal of the license is being sought), the expression of interest shall include: (A) The licensing period for which the license is being sought. (B) The current name, IRCS, and annual USCG Certificate of Documentation number of the vessel. (ii) For all other expressions of interest that do not meet the criteria in paragraph (h)(5)(i) of this section, the expression of interest shall include: (A) The licensing period for which the license is being sought. (B) The full name and address of each person who is, or who is anticipated to be, an operator of the vessel for which a license is sought, and for each such person, a statement of whether the person is, or is anticipated to be, owner, charterer, and/or master of the vessel. (C) A statement of whether or not the vessel to be licensed is known, and if it is known, the current name, IRCS, and annual USCG Certificate of Documentation number, if any, of the vessel. (D) A copy of the vessel's current USCG Certificate of Documentation. If the vessel has not been issued such a document, then a statement of whether application has been or will be made for a USCG Certificate of Documentation, including identification of all endorsements sought in such application. (E) If the vessel is known, a list of the licensing periods, if any, during which a license for the vessel was issued under this section. (F) If the vessel is known, a statement of the total amount, in metric tons, of any tuna species landed or transshipped from the vessel at United States ports, including ports located in any of the States, for each of the calendar years 1988 through the current year. (6) A complete application for a given licensing period may be submitted to the Regional Administrator at any time up to May 15th within the licensing period, but in order to be considered for approval in the event that more applications are received by the Regional Administrator than there are licenses available, a complete application must be received by the Regional Administrator as follows: (i) No later than February 5th of the year in which the licensing period begins; or (ii) If a pre-approval of the application was issued in accordance with paragraphs (k)(8) or (k)(9) of this section, not later than the date specified by NMFS in the notification of such pre-approval (which will be calculated by NMFS to be no later than 194 days from the date of mailing of the notification of the pre-approval). (7) License application forms, which include the “Schedule 1” form and the FFA Vessel Register application form, are available from the Regional Administrator. The complete application must be received by the Regional Administrator as specified in paragraph (h)(6) of this section. An application shall not be complete, and shall not be subject to processing, unless it contains all of the information specified on the “Schedule 1” form and all the items listed in paragraphs (h)(7)(i) through (h)(7)(x) of this section, as follows: (i) The licensing period for which the license is requested. (ii) 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. (iii) 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. (iv) If the owner or charterer is the subject of proceedings under the bankruptcy laws of the United States, a statement 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. (v) A copy of the vessel's current annual USCG Certificate of Documentation. (vi) Electronic versions of full color photographs of the vessel in its current form and appearance, including a bow-to-stern side-view photograph of the vessel that clearly and legibly shows the vessel markings, and a photograph of every area of the vessel that is marked with the IRCS assigned to the vessel. (vii) A schematic stowage/well plan for the vessel. (viii) A copy of the VMS unit installation certificate, issued by the Administrator-authorized person who installed the VMS unit, for the VMS unit installed on the vessel in accordance with § 300.45. (ix) An FFA Vessel Register application form that includes all the applicable information specified in the form. (x) In the case of an application for a vessel that does not meet the criteria in paragraph (h)(5)(i) of this section, any information under paragraph (h)(5)(ii) of this section that has not already been provided or that has changed since it was previously submitted. (i) Application process for joint venture licenses. (2) The applicant, in coordination with one or more Pacific Island Parties, shall contact the Administrator to determine the specific information and documents that are required by the Administrator in order to obtain an initial approval from the Administrator for a joint venture license. The applicant shall submit such required information and documents directly to the Administrator. Once an initial approval is obtained from the Administrator, the applicant shall submit a complete application package, as described in paragraph (h)(7) of this section, to the Regional Administrator, along with dated documentation of the Administrator's initial approval, and a letter or other documentation from the relevant national authority or authorities of the Pacific Island Party or Parties identifying the joint venture partner or partners and indicating the Party's or Parties' approval of the joint venture arrangement and its or their concurrence that a joint venture license may be issued for the vessel. (j) Appeals Eligibility. (2) Appeal review. (k) Procedures used by the Secretary to review and process applications for general licenses. (1) NMFS will pre-approve no more applications for a given licensing period than there are licenses available for that licensing period. A pre-approval will be deemed to be void if the applicant fails to submit a complete application by the date established in paragraph (h)(6) of this section. (2) NMFS will approve no more applications for a given licensing period than there are licenses available for that licensing period. (3) NMFS will not approve a license application if it determines that: (i) The application is not in accord with the Treaty, Act, or regulations; (ii) 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; (iii) 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 (iv) The owner or charterer has not paid any final penalty assessed by the Secretary in accordance with the Act. (4) Except as provided in paragraph (n) of this section, no later than July 16th of each year, NMFS will pre-approve applications from among the expressions of interest and complete applications that were received by June 1st of the current year for the licensing period that starts the following year as provided in this paragraph. If the number of expressions of interest and complete applications does not exceed the number of licenses available, all applications that meet the requirements of paragraphs (h)(4) and (h)(5) of this section and that satisfy the relevant requirements for licensing under the Act and this subpart will be pre-approved. If the number of expressions of interest and complete applications exceeds the number of licenses available, those that meet the requirements of paragraphs (h)(4) and (h)(5) of this section and that satisfy the relevant requirements for licensing under the Act and this subpart will be prioritized for pre-approval as follows: (i) First priority will be given to expressions of interest and complete applications for vessels for which, as of June 1st of that year, application approvals have been issued by NMFS for the licensing period that starts that year ( i.e., (ii) Second priority will be given to expressions of interest and complete applications scored using the following system, in descending order of the sum of the points assigned: (A) 15 points will be assigned for a vessel that has been issued, or will be issued by the date complete applications are due to be received by the Regional Administrator under paragraph (h)(6) of this section, a valid USCG Certificate of Documentation with a fishery endorsement. (B) 1 point will be assigned for each licensing period, starting with the 1988-1989 licensing period, in which a license had been issued for the vessel pursuant to the Act, for a total of no more than 10 points. (C) 1 point will be assigned for each calendar year in which at least 3,000 metric tons of fish were landed or transshipped from the vessel in United States ports, including ports located in any of the States, as determined by the Regional Administrator. The applicable period shall run from 1988 through the last calendar year prior to the year in which the applied-for licensing period starts, and the total number of points assigned shall be no more than 5. (D) In the event that two or more vessels receive the same sum number of points under paragraphs (k)(4)(ii)(A) through (k)(4)(ii)(C) of this section, priority will be given to the vessel from which the greatest amount of fish, by weight, was landed or transshipped in United States ports, including ports located in any of the States, starting in calendar year 1988 and ending in the year prior to the year in which the applied-for licensing period starts, as determined by the Regional Administrator. In the event that that does not resolve the tie, priority will be given by lottery, which will be conducted by the Regional Administrator. (5) Except as provided in paragraph (n) of this section, no later than July 26th of each year, NMFS will send notifications by mail to all applicants that submitted expressions of interest or complete applications by June 1st of that year, indicating whether their applications (for the licensing period that starts the following year) have been pre-approved. (6) No later than March 7th of each year, NMFS will approve applications (for the licensing period that starts that year) that satisfy all of the following conditions: (i) The application was pre-approved; (ii) The information associated with the application has not changed since the point of pre-approval in a way such that pre-approval would not have been made using the updated information; (iii) The complete application was received by February 5th of the same year; and (iv) The applicant satisfies the requirements for licensing under the Act and this subpart. (7) No later than March 17th of each year, NMFS will notify all applicants (for the licensing period that starts that year) who submitted complete applications by February 5th of that year, whether their applications have been approved under paragraph (k)(6) of this section, and in cases where they have not, whether their applications are being considered for approval under paragraph (k)(8) of this section. (8) In the event that additional licenses for a given licensing period are available after issuing the approvals under paragraph (k)(6) of this section, NMFS will, after final administrative action by the Department of Commerce on any appeals made under paragraph (j) of this section, do the following: (i) If the number of outstanding expressions of interest ( i.e., i.e., (ii) If the number of outstanding expressions of interest received by June 1st of the year preceding the year in which the licensing period begins, plus the number of outstanding complete applications received by February 5th of the year in which the licensing period begins, does not exceed the number of licenses available: (A) No later than June 15th of the year in which the licensing period begins, NMFS will pre-approve all such outstanding expressions of interest and complete applications that satisfy the relevant requirements for licensing under the Act and this subpart; (B) No later than June 25th of the year in which the licensing period begins, NMFS will notify all such outstanding applicants of the pre-approvals, and for those applicants that submitted expressions of interest but not complete applications, also notify them of the date by which a complete application must be received in order to be issued an application approval (which will be calculated by NMFS to be no later than 194 days from the date of mailing of the notification of the pre-approval); (C) NMFS will review all complete applications received by the required date from applicants pre-approved under paragraph (8)(ii)(A) of this section, and within 30 days of such receipt, approve the application, if and as appropriate and if the applicant satisfies the requirements for licensing under the Act and this subpart; and (D) If and as long as the number of approvals plus outstanding (not voided) pre-approvals does not exceed the total number of licenses available under paragraph (c) of this section, NMFS will review all complete applications received after February 5th of the year in which the licensing period begins and before May 16th within the licensing period and, as they are received and in the order they are received (based on the day of receipt), will approve those applications that satisfy the requirements for licensing under the Act and this subpart until no more approvals are available. In the event that two or more complete applications are received on the same day, priority for approval will be given by lottery, which will be conducted by the Regional Administrator. (iii) Within 10 days of approving an application, NMFS will notify the applicant. (9) If a license or application approval that has been issued for a given licensing period becomes available before or during that licensing period, NMFS will do the following: (i) If there are any outstanding expressions of interest received by June 1st of the year preceding the year in which the licensing period begins or outstanding complete applications received by February 5th of the year in which the licensing period begins, NMFS will review all such outstanding expressions of interest and complete applications and pre-approve and approve applications for that license from among that pool as follows: (A) Within 45 days of NMFS becoming aware of the availability of the license, NMFS will pre-approve an application using the prioritization criteria and point-assigning system described in paragraphs (k)(4)(i) and (k)(4)(ii) of this section; (B) Within 55 days of NMFS becoming aware of the availability of the license NMFS will notify all active applicants as to whether their applications have been pre-approved, and for those applications that have been pre-approved, notify each applicant of the date by which a complete application, if not already received, must be received (which will be calculated by NMFS to be no later than 194 days from the date of mailing of the notification of the pre-approval); and (C) Within 30 days of receiving a complete application that had been pre-approved, NMFS will approve the application, if and as appropriate and if the applicant satisfies the requirements of this subpart. (ii) If there are no outstanding expressions of interest received by June 1st of the year preceding the year in which the licensing period begins and no outstanding complete applications received by February 5th of the year in which the licensing period begins, if and as long as the number of approvals plus outstanding (not voided) pre-approvals does not exceed the number of licenses available, NMFS will review all complete applications received after February 5th of the year in which the licensing period begins and before May 16th within the licensing period and, in the order they are received (based on the day of receipt), will approve those applications that satisfy the requirements for licensing under the Act and this subpart until no more approvals are available. In the event that two or more complete applications are received on the same day, priority for approval will be given by lottery, which will be conducted by the Regional Administrator. (iii) Within 10 days of approving an application, NMFS will notify the applicant. (l) Procedures used by the Secretary to review and process applications for joint venture licenses. (m) Transferability of application approvals. (1) A vessel operator may seek to transfer a general or joint venture license to another vessel that meets the requirements for licensing under this subpart and the Act, only if the license has been valid for the vessel for at least 365 consecutive days and all the fees required by the Administrator for the current licensing period have been paid to the Administrator. The vessel operator may seek to transfer the license by submitting a written request to the Regional Administrator along with a complete application for the other vessel as described in paragraph (h)(7) of this section. Any such transfer may be subject to additional fees for the registration of the vessel on the FFA Vessel Register, as specified in paragraph (b) of § 300.45. (2) Upon receipt of a request and complete application under paragraph (m)(1) of this section, the Regional Administrator, after determining that all the fees required for the vessel by the Administrator for the current licensing period have been paid, that the ownership of the licensed vessel and the ownership of the vessel to which the application approval would be transferred are identical, and that the transferee vessel meets the requirements for licensing under this subpart and the Act, will approve the application and notify the applicant of such within 10 days of the determination. (3) If a licensed vessel is lost or destroyed, and the operators of the vessel apply for a license for another vessel for the licensing period during which the vessel was lost, or for either of the two subsequent licensing periods, NMFS will consider the replacement vessel to have the license application approval status and history of the lost or destroyed vessel for the purpose of applying the prioritization criteria of paragraph (k)(4) of this section, provided that the ownership of the lost or destroyed vessel and the ownership of the replacement vessel, as determined by the Regional Administrator, are identical, and the replacement vessel meets the requirements for licensing under this subpart and the Act. (n) Procedures for 2011-2012 licensing period. [75 FR 74644, Dec. 1, 2010] § 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. § 300.34 Reporting requirements. (a) Holders of licenses issued under § 300.32 shall comply with the reporting requirements of this section with respect to the licensed vessels. (b) Any information required to be recorded, or to be notified, communicated or reported pursuant to a requirement of these regulations, the Act, or the Treaty shall be true, complete and correct. Any change in circumstances that has the effect of rendering any of the information provided false, incomplete or misleading shall be communicated immediately to the Regional Administrator. (c) The operator of any vessel licensed under § 300.32 must prepare and submit accurate, complete, and timely notifications, requests, and reports with respect to the licensed vessel, as described in paragraphs (c)(1) through (10) of this section. (1) Catch report forms. (2) Unloading and transshipment logsheet forms. (3) Port departure reports. (4) Entry into port for unloading reports. (5) Intent to transship notification and request. (6) Zone entry and exit reports. (7) Weekly reports. (8) Port entry reports. (9) Transshipment reports. (10) Other reports and notifications to Pacific Island Parties. (i) Australia. (B) At least 24 hours before entering the Australian Fishing Zone, a notification must be submitted that indicates an intent to enter the Australian Fishing Zone. (ii) Fiji. (B) Each week while the vessel is in Fiji fisheries waters, a report must be submitted that includes the amount of the catch made during the preceding week, by species. (iii) Kiribati. (B) Immediately upon entry into or exit from a Closed Area under the jurisdiction of Kiribati, a report must be submitted that includes the following information: report type (“CAENT” for entry or “CAEXT” for exit); the number of the vessel's license issued under § 300.32; IRCS; date and time (in UTC) of the report; vessel position (latitude and longitude to nearest minute of arc); amount of the catch on board the vessel, by species; and status of the boom (“up” or “down”), net (“deployed” or “stowed”), and skiff (“deployed” or “stowed”). (C) At least 24 hours prior to fueling the vessel from a tanker in the area of jurisdiction of Kiribati, a report must be submitted that includes the following information: report type (“SBUNK”); the number of the vessel's license issued under § 300.32; IRCS; trip start date; name of port from which trip started; amount of the catch on board the vessel, by species; estimated time of bunkering; estimated position of bunkering (latitude and longitude to nearest minute of arc); and name of tanker. (D) After fueling the vessel from a tanker in the area of jurisdiction of Kiribati, but no later than 12 noon local time on the following day, a report must be submitted that includes the following information: report type (“FBUNK”); the number of the vessel's license issued under § 300.32; IRCS; start time of bunkering; end time of bunkering; amount of fuel received, in kiloliters; and name of tanker. (iv) New Zealand. (B) For each day that the vessel is in the exclusive economic zone of New Zealand, a notification must be submitted no later than noon of the following day of the vessel's position (latitude and longitude to nearest minute of arc) at noon. (C) For each week or portion thereof that the vessel is in the exclusive economic zone of New Zealand, a report that covers the period from 12:01 a.m. on Monday to 12 midnight on the following Sunday must be submitted and received by noon of the following Wednesday (local time). The report must include the amount of the catch taken in the exclusive economic zone of New Zealand during the reporting period. (D) At least 10 days prior to an intended transshipment in an area under the jurisdiction of New Zealand, a notification must be submitted that includes the intended port, date, and time of transshipment. (E) At least 24 hours prior to exiting the exclusive economic zone of New Zealand, a notification must be submitted that includes the following information: position of the intended point of exit (latitude and longitude to nearest minute of arc); the amount of catch on board the vessel, by species; and condition of the catch on board the vessel (“fresh” or “frozen”). (v) Solomon Islands. (B) For each week or portion thereof that the vessel is in the exclusive economic zone of Solomon Islands, a report that covers the period from 12:01 a.m. on Monday to 12 midnight on the following Sunday must be submitted and received by noon of the following Tuesday (local time). The report must include the amount of the catch taken and the number of fishing days spent in the exclusive economic zone of Solomon Islands during the reporting period. (vi) Tonga. (B) [Reserved] (vii) Tuvalu. (B) Every seventh day that the vessel is in Tuvalu fishery limits, a report must be submitted that includes vessel position (latitude and longitude to nearest minute of arc) and the total amount of catch on board the vessel. (C) Immediately upon exit from Tuvalu fishery limits, a notification must be submitted that includes vessel position (latitude and longitude to nearest minute of arc) and the total amount of catch on board the vessel. [72 FR 6151, Feb. 9, 2007] § 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. § 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. § 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. § 300.38 Prohibitions. (a) Except as provided for in § 300.39, in addition to the prohibitions in § 300.4, it is unlawful for any person subject to the jurisdiction of the United States to do any of the following: (1) To violate the Act or any provision of any regulation or order issued pursuant to Act. (2) To use a vessel for fishing in violation of an applicable national law. (3) To violate the terms and conditions of any fishing arrangement to which that person is a party. (4) To use a vessel for fishing in any Closed Area. (5) 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. (6) To refuse to comply with the instructions of an authorized officer or authorized party officer relating to fishing activities under the Treaty. (7) To refuse to permit an authorized inspector full access to any place where fish taken in the Licensing Area is unloaded. (8) To refuse to allow an authorized inspector to remove samples of fish from a vessel that fished in the Licensing Area. (9) 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. (10) To transship fish on board a vessel that fished in the Licensing Area, except in accordance with the requirements of § 300.46. (11) To fail to have installed, allow to be programmed, carry, or have operational a VMS unit while in the Treaty Area as specified in § 300.45(a). (12) To fail to activate a VMS unit, to interrupt, interfere with, or impede the operation of a VMS unit, to tamper with, alter, damage, or disable a VMS unit, or to move or remove a VMS unit without prior notification as specified in § 300.45(e). (13) In the event of a VMS unit failure or breakdown or interruption of automatic position reporting in the Treaty Area, to fail to submit manual position reports as specified in § 300.45(f). (14) In the event of a VMS unit failure or breakdown or interruption of automatic position reporting in the Treaty Area and if directed by the Administrator or an authorized officer, to fail to stow fishing gear or take the vessel to a designated port as specified in § 300.45(f). (15) To fail to repair or replace a VMS unit as specified in § 300.45(h). (b) Except as provided for in § 300.39, it is unlawful for any person subject to the jurisdiction of the United States when in the Licensing Area: (1) To use a vessel to fish unless validly licensed as required by the Administrator. (2) To use a vessel for directed fishing for southern bluefin tuna or for fishing for any kinds of fish other than tunas, except that fish may be caught as an incidental bycatch. (3) To use a vessel for fishing by any method, except the purse-seine method. (4) To use any vessel to engage in fishing after the revocation of its license, or during the period of suspension of an applicable license. (5) To operate a vessel in such a way as to disrupt or in any other way adversely affect the activities of traditional and locally based fishermen and fishing vessels. (6) To use a vessel to fish in a manner inconsistent with an order issued by the Secretary under § 300.42 (section 11 of the Act). (7) Except for circumstances involving force majeure and other emergencies involving the health or safety of crew members or the safety of the vessel, to use aircraft in association with fishing activities of a vessel, unless it is identified on the license application for the vessel, or any amendment thereto. [61 FR 35550, July 5, 1996, as amended at 72 FR 6153, Feb. 9, 2007] § 300.39 Exceptions. (a) The prohibitions of § 300.38 and the licensing requirements of § 300.32 do not apply to fishing for albacore tuna by vessels using the trolling method or to fishing by vessels using the longline method in the high seas areas of the Treaty Area. (b) The prohibitions of § 300.38(a)(4), (a)(5), and (b)(3) do not apply to fishing under the terms and conditions of a fishing arrangement. [61 FR 35550, July 5, 1996, as amended at 72 FR 6153, Feb. 9, 2007] § 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. § 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. § 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 issued under § 300.32 to fish in the Licensing Area, and that under the terms of the Treaty the fishing is not authorized to be conducted in the Licensing Area without such 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 by a Pacific Island Party that such 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. [61 FR 35550, July 5, 1996, as amended at 72 FR 6154, Feb. 9, 2007] § 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. § 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. § 300.45 Vessel Monitoring System. (a) Applicability. (1) Have installed a VMS unit on board the licensed vessel; (2) Allow the Administrator, its agent, or a person authorized by the Administrator to program the VMS unit to transmit position and related information to the Administrator; (3) If directed by the Regional Administrator, allow NMFS, its agent, or a person authorized by NMFS to program the VMS unit to transmit position and related information to NMFS; and (4) Carry and have operational the VMS unit at all times while in the Treaty Area, except as provided in paragraphs (f) and (g) of this section. (b) FFA Vessel Register. http://www.ffa.int. (c) VMS unit installation. (d) Hardware and software specifications. (e) Service activation. (1) Activate the VMS unit on board the licensed vessel to transmit automatic position reports; (2) Ensure that no person interrupts, interferes with, or impedes the operation of the VMS unit or tampers with, alters, damages, or disables the VMS unit, or attempts any of the same; and (3) Ensure that no person moves or removes the VMS unit from the installed position without first notifying the Administrator by telephone, facsimile, or e-mail of such movement or removal. (f) Interruption of VMS unit signal. (1) The vessel owner or operator must submit manual position reports that include vessel name, call sign, current position (latitude and longitude to the nearest minute), date, and time to the Administrator by telephone, facsimile, or e-mail at intervals of no greater than eight hours or a shorter interval if and as specified by the Administrator or an authorized officer. The reports must continue to be submitted until the Administrator has confirmed to the vessel owner or operator that the VMS unit is properly transmitting position reports. If the manual position reports cannot be made, the vessel operator or owner must notify the Administrator of such as soon as possible, by any means possible. (2) If directed by the Administrator or an authorized officer, the vessel operator must immediately stow the fishing gear in the manner described in § 300.36, take the vessel directly to a port designated by the Administrator or authorized officer, and notify the Administrator by telephone, facsimile, or e-mail as soon as possible that the vessel is being taken to port with fishing gear stowed. (g) Shutdown of VMS unit while in port or in shipyard. (h) VMS unit repair and replacement. (i) Access to data. [72 FR 6154, Feb. 9, 2007, as amended at 75 FR 74648, Dec. 1, 2010] § 300.46 Transshipping requirements. (a) Applicability. (b) Transshipping may only be done at the time and place authorized for transshipment by the Pacific Island Parties, following the notification and request requirements of § 300.34(c)(5). (c) The operator and each member of the crew of a vessel from which any fish taken in the Licensing Area is transshipped must: (1) Allow and assist any person identified as an officer of the Pacific Island Party to: (i) Have full access to the vessel and any place where such fish is being transshipped and the use of facilities and equipment that the officer may determine is necessary to carry out his or her duties; (ii) Have full access to the bridge, fish on board and areas which may be used to hold, process, weigh and store fish; (iii) Remove samples; (iv) Have full access to the vessel's records, including its log and documentation, for the purpose of inspection and copying; and (v) Gather any other information required to fully monitor the activity without interfering unduly with the lawful operation of the vessel; and (2) Not assault, obstruct, resist, delay, refuse boarding to, intimidate, or interfere with any person identified as an officer of the Pacific Island Party in the performance of his or her duties. (d) Transshipping at sea may only be done: (1) In a designated area in accordance with such terms and conditions as may be agreed between the operator of the vessel and the Pacific Island Party in whose jurisdiction the transshipment is to take place; (2) In accordance with the requirements of § 300.34; and (3) If the catch is transshipped to a carrier vessel duly authorized in accordance with national laws. [72 FR 6155, Feb. 9, 2007] Subpart E—Pacific Halibut Fisheries Authority: 16 U.S.C. 773-773k. § 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). § 300.61 Definitions. In addition to the terms defined in § 300.2 and those in the Act and the Convention, the terms used in this subpart have the following meanings. If a term is defined differently in § 300.2, the Act, or the Convention, the definition in this section shall apply. Alaska Native tribe Annual combined catch limit, Annual commercial catch limit, (1) Commission regulatory areas 2C and 3A, means the annual commercial allocation minus an area-specific estimate of commercial halibut wastage. (2) Commission regulatory areas 3B and 4A, means the annual total allowable halibut removals by persons fishing IFQ. (3) Commission regulatory areas 4B, 4C, 4D, and 4E, means the annual total allowable halibut removals by persons fishing IFQ and CDQ. Annual guided sport catch limit, Area 2A Area 2C Area 3A Charter halibut permit Charter halibut permit holder Charter halibut stamp Charter halibut stamp validation Charter vessel, Charter vessel angler, Charter vessel fishing trip, Charter vessel guide, Charter vessel operator, Chiniak Bay (1) North from Cape Chiniak (57°37.22′ N. lat., 152°9.36′ W. long.); (2) To Buoy #1 at Williams Reef (57°50.36′ N. lat., 152°8.82′ W. long.); (3) To East Cape on Spruce Island (57°54.89′ N. lat., 152°19.45′ W. long.); (4) To Termination Point on Kodiak Island (57°51.31′ N. lat., 152°24.01′ W. long.); and (5) Connecting to a line running counterclockwise along the shoreline of Kodiak Island to Cape Chiniak (57°37.22′ N. lat., 152°9.36′ W. long.). Commercial fishing Commission Commission regulatory area Community charter halibut permit Compensation, Crew member, Customary trade Fishing (1) The deployment of any amount or component part of setline gear anywhere in the maritime area; (2) The deployment of longline pot gear as defined in § 679.2 of this title, or component part of that gear in Commission regulatory areas 2C, 3A, 3B, and that portion of Area 4A in the Gulf of Alaska west of Area 3B and east of 170°00′ W. long; or (3) The deployment of pot gear as defined in § 679.2 of this title in Commission regulatory areas 4B, 4C, 4D, and 4E and the portion of Area 4A in the Bering Sea Aleutian Islands west of 170°00′ W long. Fishing period Fishing period limit Fishing week, Guided Angler Fish (GAF) Guided Angler Fish (GAF) permit Guided Angler Fish (GAF) permit holder Halibut harvest Head-on length Individual Fishing Quota (IFQ), IFQ fishing trip, IFQ halibut Military charter halibut permit Overall length Permit Person Power hauling Rural Rural resident (1) An individual domiciled in a rural community listed in the table at § 300.65(g)(1) and who has maintained a domicile in rural communities listed in the table at § 300.65(g)(1), or in rural areas described at § 300.65(g)(3), for the 12 consecutive months immediately preceding the time when the assertion of residence is made, and who is not claiming residency in another state, territory, or country; or (2) An individual domiciled in a rural area described at § 300.65(g)(3) and who has maintained a domicile in rural areas described at § 300.65(g)(3), or in rural communities listed in the table at § 300.65(g)(1), for the 12 consecutive months immediately preceding the time when the assertion of residence is made, and who is not claiming residency in another state, territory, or country. Setline gear Sport fishing (1) In regulatory area 2A, all fishing other than commercial fishing and treaty Indian ceremonial and subsistence fishing; and (2) In waters in and off Alaska, all fishing other than commercial fishing and subsistence fishing. Sport fishing guide services, Subarea 2A-1 Subsistence Subsistence halibut Subsistence halibut registration certificate Treaty Indian tribes Valid, Vessel class [61 FR 35550, July 5, 1996] Editorial Note: For Federal Register www.govinfo.gov. § 300.62 Annual management measures. Annual management measures may be added and modified through adoption by the Commission and publication in the Federal Register inter alia, Federal Register § 300.63 Catch sharing plan and domestic management measures in Area 2A. (a) General provisions. Federal Register. (2) A portion of the Area 2A non-tribal commercial allocation is allocated as incidental catch in the salmon troll fishery in Area 2A pursuant to § 300.62. 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 promulgated in the annual salmon management measures described at 660 Subpart H. This fishery will occur between dates and times listed in the annual management measures as described at § 300.62, until there is not sufficient allocation and the season is closed by NMFS. (3) A portion of the Area 2A Washington recreational (sport) allocation is allocated pursuant to § 300.62 as incidental catch in the sablefish primary fishery north of 46°53.30′ N lat. (Pt. Chehalis, Washington), which is regulated under § 660.231. This fishing opportunity is only available in years in which the Washington recreational allocation is 214,110 lb (97.1 mt) or greater, provided that a minimum of 10,000 lb (4.5 mt) is available to the sablefish fishery. Each year that this fishing opportunity is available, the landing restrictions necessary to keep this fishery within its allocation will be recommended by the Pacific Fishery Management Council at its spring meetings, and will be published in the Federal Register. (i) In years when the incidental catch of halibut in the sablefish primary fishery north of 46°53.30′ N lat. is allowed, it is allowed only for vessels using longline gear that are registered to groundfish limited entry permits with sablefish endorsements and that possess a permit issued pursuant to paragraph (d) of this section. (ii) It is unlawful for any person to possess, land or purchase halibut south of 46°53.30′ N lat. that were taken and retained as incidental catch authorized by this section in the sablefish primary fishery. (4) The treaty Indian fishery is governed by § 300.64 and tribal regulations. The annual allocation for the fishery will be announced with the annual management measures as described under § 300.62. (b) Non-Tribal fishery election in Area 2A. (i) The recreational (sport) fishery as established in the annual domestic management measures issued pursuant to § 300.62 and paragraph c of this subsection; (ii) The non-tribal commercial directed fishery for halibut established in the annual domestic management measures issued pursuant to § 300.62 and paragraph (e) of this section and/or the incidental retention of halibut during the sablefish primary fishery described at § 660.231; or (iii) Incidental catch of halibut during the salmon troll fishery as authorized in the annual domestic management measures issued pursuant to § 300.62 and 50 CFR part 660, subpart H. (2) No person shall fish for halibut in the recreational (sport) fishery in Area 2A from a vessel that has been used during the same calendar year for commercial halibut fishing in Area 2A, or that has been issued a permit for the same calendar year for the commercial halibut fishery in Area 2A. (3) No person shall fish for halibut in the directed commercial halibut fishery and/or retain halibut incidentally taken in the sablefish primary fishery in Area 2A from a vessel that has been used during the same calendar year for incidental catch of halibut during the salmon troll fishery. (4) No person shall fish for halibut in the non-tribal directed commercial halibut fishery and/or retain halibut incidentally taken in the sablefish primary fishery in Area 2A from a vessel that, during the same calendar year, has been used in the recreational (sport) halibut fishery in Area 2A or that is permitted for the recreational (sport) charter halibut fishery in Area 2A pursuant to paragraph (d) of this section. (5) No person shall retain halibut incidentally caught in the salmon troll fishery in Area 2A taken on a vessel that, during the same calendar year, has been used in the recreational (sport) halibut fishery in Area 2A, or that is permitted for the recreational (sport) charter halibut fishery in Area 2A pursuant to paragraph (d) of this section. (6) No person shall retain halibut incidentally caught in the salmon troll fishery in Area 2A taken on a vessel that, during the same calendar year, has been used in the directed commercial halibut fishery and/or retained halibut incidentally taken in the sablefish primary fishery for Area 2A or that is permitted to participate in these commercial fisheries pursuant to paragraph (d) of this section. (c) Recreational (sport) halibut fisheries in Area 2A Annual Recreational Fishery Rule. (2) Port of landing. (3) Automatic closure of recreational fisheries. Federal Register Federal Register, (4) Groundfish fisheries. (5) Recreational Fishery Subareas Washington. (A) Washington Puget Sound and the U.S. Convention waters in the Strait of Juan de Fuca. (B) Washington North Coast Subarea. ( 1 ( 2 (C) Washington South Coast Subarea. ( 1 Table 1 to Paragraph ( c i 1 Point N lat. W long. 1 47°31.70′ 124°37.03′ 2 47°25.67′ 124°34.79′ 3 47°12.82′ 124°29.12′ 4 46°58.00′ 124°24.24′ ( 2 (D) Columbia River Subarea. ( 1 ( 2 ( 3 (ii) Oregon. (A) Oregon Central Coast Subarea. ( 1 ( 2 ( 3 ( 4 (B) Southern Oregon Subarea. ( 1 ( 2 (iii) California. (A) Northern California Coast Subarea. (B) South of Point Arena Subarea. (6) Inseason Management for Recreational (Sport) Halibut Fisheries in Area 2A. (A) The action is necessary to allow allocation objectives to be met. (B) The action will not result in exceeding the allocation for the area. (C) If any of the recreational (sport) fishery subareas north of Cape Falcon, Oregon are not projected to utilize their respective allocations, NMFS may take inseason action to transfer any projected unused allocation to another Washington recreational subarea. (D) If any of the recreational (sport) fishery subareas south of Leadbetter Point, Washington, are not projected to utilize their respective allocations by their season ending dates, NMFS may take inseason action to transfer any projected unused allocation to another Oregon sport subarea. (E) If the Northern California recreational (sport) subarea is not projected to utilize its respective allocation prior to or by the season ending date, NMFS may take inseason action to transfer any projected unused allocation to the South of Point Arena subarea. (F) If the total estimated yelloweye rockfish bycatch mortality from recreational halibut trips in all Oregon subareas is projected to exceed 22 percent of the annual Oregon recreational yelloweye rockfish harvest guideline, NMFS may take inseason action to reduce yelloweye rockfish bycatch mortality in the halibut fishery while allowing allocation objectives to be met to the extent possible. (G) If any state is projected to not utilize its respective recreational allocation by the end of the fishing season, NMFS may take inseason action to transfer any projected unused allocation to another state. After a state notifies NMFS of the amount of their recreational subarea allocation in net pounds that is projected to be unused after accounting for state management objectives, NMFS may take inseason action to reallocate the amount of net pounds available equally to the other two states. If a state eligible to receive the additional pounds declines all or part of the additional pounds, or NMFS determines a state is unlikely to use additional allocation, a portion or the full amount of the remainder would go to the other state. (ii) Inseason management provisions include, but are not limited to, the following: (A) Modification of recreational (sport) fishing periods; (B) Modification of recreational (sport) fishing bag limits; (C) Modification of recreational (sport) fishing size limits; (D) Modification of recreational (sport) fishing days per calendar week; (E) Modification of state recreational allocation, including a shift in recreational allocation from one state to another; (F) Modification of subarea allocation; and (G) Modification of the Stonewall Bank Yelloweye Rockfish Conservation Area (YRCA) restrictions off Oregon using YRCA expansions as defined in groundfish regulations at 50 CFR 660.70(g) or (h). (iii) Notice procedures. Federal Register. (iv) Effective dates. (B) If time allows, NMFS will invite public comment prior to the effective date of any inseason action filed with the Federal Register. Federal Register (C) Any inseason action issued under this section will remain in effect until the stated expiration date or until rescinded, modified, or superseded. However, no inseason action has any effect beyond the end of the calendar year in which it is issued. (d) Pacific Halibut Permits for IPHC Regulatory Area 2A General. (ii) A permit issued for a vessel operating in the Pacific halibut fishery in IPHC Regulatory Area 2A shall be valid for one of the following, per paragraph (b) of this section: (A) The incidental catch of Pacific halibut during the salmon troll fishery specified in paragraph (a)(2) of this section; (B) The incidental catch of Pacific halibut during the sablefish fishery specified in paragraph (a)(3) of this section; (C) The non-tribal directed commercial fishery during the fishing periods specified in paragraph (e)(1) of this section; (D) Both the incidental catch of Pacific halibut during the sablefish fishery specified in paragraph (a)(3) of this section and the non-tribal directed commercial fishery during the fishing periods specified in paragraph (e)(1) of this section; or (E) The recreational charter fishery. (iii) A permit issued under this paragraph (d) is valid only for the vessel for which it is registered. A change in ownership, documentation, or name of the registered vessel, or transfer of the ownership of the registered vessel will render the permit invalid. (iv) A vessel owner must contact NMFS if the vessel for which the permit is issued is sold, ownership of the vessel is transferred, the vessel is renamed, or any other reason for which the documentation of the vessel is changed as the change would invalidate the current permit. A new permit application is required if there is a change in any documentation of the vessel. To submit a new permit application, follow the procedures outlined under paragraph (d)(2) of this section. If the documentation of the vessel is changed after the deadline to apply for a permit has passed as described at paragraph (d)(2)(ii) of this section, the vessel owner may contact NMFS and provide information on the reason for the documentation change and all permit application information described at paragraph (d)(2) of this section. NMFS may issue a permit, or decline to issue a permit and the applicant may appeal per paragraph (d)(3) of this section. (v) A permit issued under this paragraph (d) must be carried on board that vessel at all times and the vessel operator shall allow its inspection by any authorized officer. The format of this permit may be electronic or paper. (vi) No individual may alter, erase, mutilate, or forge any permit or document issued under this section. Any such permit or document that is intentionally altered, erased, mutilated, or forged is invalid. (vii) A permit issued under this paragraph (d) is valid only during the calendar year (January 1-December 31) for which it was issued. (viii) NMFS may suspend, revoke, or modify any permit issued under this section under policies and procedures in title 15 CFR part 904, or other applicable regulations in this chapter. (2) Applications Application form. https://www.fisheries.noaa.gov/permit/pacific-halibut-permits. (A) An application form that contains valid responses for all data fields, including information and signatures. (B) A current copy of the U.S. Coast Guard Documentation Form or state registration form or current marine survey. (C) Payment of required fees as discussed in paragraph (d)(2)(iv) of this section. (D) Additional documentation NMFS may require as it deems necessary to make a determination on the application. (ii) Deadlines. (B) Applications for permits that allow for incidental catch of Pacific halibut during the salmon troll fishery or the sablefish primary fishery in Area 2A must be received by NMFS no later than 2359 PDT March 15, or by 2359 PDT the next business day in March if March 15 is a Saturday, Sunday, or Federal holiday. (C) Applications for permits for recreational charter vessels, which allow for catch of Pacific halibut during the recreational fishery, must be received a minimum of 15 days before intending to participate in the fishery, to allow for processing the permit application. (iii) Application review and approval. (iv) Permit fees. (3) Appeals. (i) Who may appeal? (ii) Appeal process. (B) Appeals must be mailed or faxed to: National Marine Fisheries Service, West Coast Region, Sustainable Fisheries Division, ATTN: Appeals, 7600 Sand Point Way NE, Seattle, WA 98115; Fax: 206-526-6426; or delivered to National Marine Fisheries Service at the same address. (C) Upon receipt of an appeal authorized by this section, the Regional Administrator will notify the permit applicant, and may request additional information to allow action on the appeal. (D) Upon receipt of sufficient information, the Regional Administrator will decide the appeal in accordance with the permit provisions set forth in this section at the time of the application, based upon information relative to the application on file at NMFS and any additional information submitted to or obtained by the Regional Administrator, the summary record kept of any hearing and the hearing officer's recommended decision, if any, and such other considerations as the Regional Administrator deems appropriate. The Regional Administrator will notify all interested persons of the decision, and the reasons for the decision, in writing, normally within 30 days of the receipt of sufficient information, unless additional time is needed for a hearing. (E) If a hearing is requested, or if the Regional Administrator determines that one is appropriate, the Regional Administrator may grant an informal hearing before a hearing officer designated for that purpose after first giving notice of the time, place, and subject matter of the hearing to the applicant. The appellant, and, at the discretion of the hearing officer, other interested persons, may appear personally or be represented by counsel at the hearing and submit information and present arguments as determined appropriate by the hearing officer. Within 30 days of the last day of the hearing, the hearing officer shall recommend in writing a decision to the Regional Administrator. (F) The Regional Administrator may adopt the hearing officer's recommended decision, in whole or in part, or may reject or modify it. In any event, the Regional Administrator will notify interested persons of the decision, and the reason(s) therefore, in writing, within 30 days of receipt of the hearing officer's recommended decision. The Regional Administrator's decision will constitute the final administrative action by NMFS on the matter. (iii) Timing of appeals. (B) Any time limit prescribed in this section may be extended for a period not to exceed 30 days by the Regional Administrator for good cause, either upon his or her own motion or upon written request from the appellant stating the reason(s) therefore. (iv) Address of record. (v) Status of permits pending appeal. (B) [Reserved] (e) Non-tribal directed commercial fishery management. (1) Management measures. Federal Register (i) Fishing periods. e.g., (ii) Fishing period limits. e.g., Federal Register (A) Considerations. ( 1 ( 2 ( 3 ( 4 ( 5 (B) Vessel classes. Table 2 to Paragraph (e)(1)(ii)(B) Overall length Vessel class 1-25 A 26-30 B 31-35 C 36-40 D 41-45 E 46-50 F 51-55 G 56+ H (iii) Inseason action to add fishing periods and associated fishing period limits. Federal Register Federal Register. (2) Automatic closure of the non-tribal directed commercial fishery. (i) If NMFS determines that the non-Tribal directed commercial fishery has attained its annual allocation or is projected to attain its allocation if additional fishing was to be allowed, the Regional Administrator will take automatic action to close the fishery via email to affected permit holders and announcement in the Federal Register. Federal Register (ii) [Reserved] (f) Area 2A Non-Treaty Commercial Fishery Closed Areas Nontrawl Rockfish Conservation Area (RCA). (2) North Coast Commercial Yelloweye Rockfish Conservation Area (YRCA). (3) Salmon Troll YRCA. (4) Tillamook YRCA. (5) Newport YRCA. (6) Florence YRCA. (7) Heceta Bank YRCA. (8) Nehalem Bank East Essential Fish Habitat Conservation Area (EFHCA). (9) Garibaldi Reef North EFHCA. (10) Garibaldi Reef South EFHCA. (11) Arago Reef West EFHCA. (12) Bandon High Spot East EFHCA. [88 FR 21506, Apr. 11, 2023, as amended at 88 FR 83839, Dec. 1, 2023; 89 FR 22969, Apr. 3, 2024; 90 FR 14425, Apr. 2, 2025; 90 FR 26933, June 25, 2025] § 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, receipt and possession, and fishing gear (published pursuant to § 300.62), except that the 72-hour fishing restriction preceding the opening of a halibut fishing period shall not apply to treaty Indian fishing. (e) Ceremonial and subsistence fishing for halibut by treaty Indians in subarea 2A-1 is permitted with hook-and-line gear from January 1 to December 31. (f) No size or bag limits shall apply to the ceremonial and subsistence fishery, except that when commercial halibut fishing is prohibited pursuant to paragraph (b) of this section, treaty Indians may take and retain not more than two halibut per person per day. (g) Halibut taken for ceremonial and subsistence purposes shall not be offered for sale or sold. (h) Any member of a U.S. treaty Indian tribe who is engaged in commercial or ceremonial and subsistence fishing under this section must have on his or her person a valid treaty Indian identification card issued pursuant to 25 CFR part 249, subpart A, and must comply with the treaty Indian vessel and gear identification requirements of Final Decision No. 1 and subsequent orders in United States Washington (i) Table 1 to this paragraph (i) sets forth the fishing areas of each of the 13 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. Table 1 to Paragraph ( i Tribe Boundaries HOH A polygon commencing at the Pacific coast shoreline near the mouth of the Quillayute River, located at latitude 47°54′30″ north, longitude 124°38′31″ west; then proceeding west approximately forty nautical miles at that latitude to a northwestern point located at latitude 47°54′30″ north, longitude 125°38′18″ west; then proceeding in a southeasterly direction mirroring the coastline at a distance no farther than forty nautical miles from the mainland Pacific coast shoreline, to a point located at latitude 47°31′42″ north, longitude 125°20′26″ west, then proceeding east along that line of latitude approximately ten nautical miles to a point located at latitude 47°31′42″ north, longitude 125°5′48″ west, then proceeding in a southeasterly direction mirroring the coastline at a distance no farther than thirty nautical miles from the mainland Pacific coast shoreline to a point located at latitude 47°21′00″ north, longitude 125°2′52″ west; then proceeding east along that line of latitude to the Pacific coast shoreline near the mouth of the Quinault River, located at latitude 47°21′00″ north, longitude 124°18′8″ west. 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 Washington 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 Washington 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 Washington MAKAH The area north of 48°02.25′ N lat. (Norwegian Memorial) and east of 125°44.00′ W long. NOOKSACK Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States Washington 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 Washington QUILEUTE The area commencing at Cape Alava, located at 48°10′00″ N lat, 124°43′56.9″ W long.; then proceeding west approximately 40 nautical miles at that latitude to a northwestern point located at 48°10′00″ N lat, 125°44′00″ W long.; then proceeding in a southeasterly direction mirroring the coastline at a distance no farther than 40 nautical miles from the mainland Pacific coast shoreline at any line of latitude, to a southwestern point at 47°31′42″ N lat., 125°20′26″ W long.; then proceeding east along that line of latitude to the Pacific coast shoreline at 47°31′42″ N lat., 124°21′9.0″ W long. QUINAULT The area commencing at the Pacific coast shoreline near Destruction Island, located at 47°40′06″ N lat., 124°23′51.362″ W long.; then proceeding west approximately 30 nautical miles at that latitude to a northwestern point located at 47°40′06″ N lat., 125°08′30″ W long.; then proceeding in a southeasterly direction mirroring the coastline no farther than 30 nautical miles from the mainland Pacific coast shoreline at any line of latitude, to a southwestern point at 46°53′18″ N lat., 124°53′53″ W long.; then proceeding east along that line of latitude to the Pacific coast shoreline at 46°53′18″ N lat., 124°7′36.6″ W long. SKOKOMISH Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States Washington 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 Washington 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 Washington 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 Washington [61 FR 35550, July 5, 1996, as amended at 74 FR 11697, Mar. 19, 2009; 76 FR 14319, Mar. 16, 2011; 81 FR 18795, Apr. 1, 2016; 85 FR 25324, May 1, 2020; 89 FR 59677, July 23, 2024] § 300.65 Catch sharing plan and domestic management measures in waters in and off Alaska. (a) A catch sharing plan (CSP) may be developed by the North Pacific Fishery Management Council and approved by NMFS for portions of the fishery. Any approved CSP may be obtained from the Administrator, Alaska Region, NMFS. (b) The catch sharing plan for Commission regulatory area 4 allocates the annual commercial catch limit among Areas 4C, 4D, and 4E and will be adopted by the Commission as annual management measures and published in the Federal Register (c) Catch sharing plan (CSP) for Commission Regulatory Areas 2C and 3A General. (i) Allocates the annual combined catch limit for Commission regulatory areas 2C and 3A in order to establish the annual commercial catch limit and the annual guided sport catch limit for the halibut commercial fishing and sport fishing seasons, pursuant to paragraphs (c)(3) and (4) of this section; and (ii) Authorizes the use of Commission regulatory areas 2C and 3A halibut IFQ as guided angler fish (GAF) for harvest by charter vessel anglers in the corresponding area, pursuant to paragraph (c)(5) of this section. (iii) Authorizes the use of Commission regulatory areas 2C and 3A RFQ resulting from halibut QS held by the RQE as authorized in part 679 to this title to supplement the annual guided sport catch limit in the corresponding area, pursuant to paragraph (c)(4) of this section. (2) Implementation. Federal Register (3) Annual commercial catch limits. Federal Register (ii) Commercial fishing in Commission regulatory areas 2C and 3A is governed by the Commission's annual management measures and by regulations at 50 CFR part 679, subparts A, B, D, and E. (4) Annual guided sport catch limits. Federal Register (ii) Sport fishing by charter vessel anglers in Commission regulatory areas 2C and 3A is governed by the Commission's annual management measures and by regulations at 50 CFR part 300, subparts A and E. (iii) The amount of QS held by the RQE for Commission regulatory area 2C and 3A as of October 1 each year will be the basis for determining the amount of RFQ pounds that will be added to the annual guided sport catch limit for the corresponding area in the upcoming year. (5) Guided Angler Fish (GAF). (i) General. (B) A GAF permit authorizes a charter vessel angler to retain GAF that are caught in the Commission regulatory area specified on a GAF permit: ( 1 Federal Register ( 2 (C) NMFS will return unharvested GAF to the IFQ permit holder's account from which the GAF were derived on or after fifteen calendar days prior to the closing of the commercial halibut fishing season each year, subject to paragraph (c)(5)(ii) of this section and underage provisions at § 679.40(e) of this title. (ii) Transfer Between IFQ and GAF General. ( 1 ( 2 ( 3 (B) Transfer procedure 1 Application for Transfer Between IFQ and GAF. http://alaskafisheries.noaa.gov/ram/default.htm. ( 2 Application timing. ( 3 Transfer due to court order, operation of law, or as part of a security agreement. ( 4 Notification of decision on application. i ( ii ( iii ( iv ( 5 IFQ and GAF accounts. i ( ii ( iii 2 (C) Complete application. (D) Application for Transfer Between IFQ and GAF approval criteria. ( 1 ( i ( ii ( iii ( iv ( 2 ( 3 ( i 1 2 ( ii 3 ( iii ( 4 ( i ( ii ( iii ( iv (E) Conversion between IFQ and GAF 1 General. ( 2 Conversion calculation. IFQ net pounds = (number of GAF × average net weight). ( 3 (iii) Guided Angler Fish (GAF) permit General. 1 ( 2 ( i ( ii ( iii ( iv ( 3 ( 4 ( 5 ( 6 ( 7 (B) Issuance. (C) Transfer. (iv) GAF use restrictions. (B) The total number of GAF on board a vessel cannot exceed the number of unharvested GAF in the GAF permit holder's GAF account at the time of harvest. (C) The total number of halibut retained by a charter vessel angler harvesting GAF cannot exceed the sport fishing daily bag limit in effect for unguided sport anglers at the time of harvest adopted by the Commission as annual management measures and published in the Federal Register (D) Retained GAF are not subject to any length limit implemented by the Commission's annual management measures and published in the Federal Register (E) Each charter vessel angler retaining GAF must comply with the halibut possession requirements adopted by the Commission as annual management measures and published in the Federal Register (F) The charter vessel guide must ensure that each charter vessel angler complies with paragraphs (c)(5)(iv)(A) through (E) of this section. (G) The charter vessel guide must be physically present when the GAF halibut is harvested and must immediately remove the tips of the upper and lower lobes of the caudal (tail) fin to mark all halibut caught and retained as GAF. If the GAF halibut is filleted, the entire carcass, with head and tail connected as a single piece, must be retained on board the charter vessel on which the halibut was caught until all fillets are offloaded. (H) Except as provided in paragraph (c)(5)(iv)(I) of this section, during the halibut sport fishing season adopted by the Commission as annual management measures and published in the Federal Register ( 1 ( 2 ( 3 (I) The halibut QS equivalent of net pounds of halibut IFQ that is transferred to GAF is included in the computation of halibut QS use caps in § 679.42(f)(1)(i) and (ii) of this title. (J) A CHP holder receiving GAF from a CQE is subject to § 679.42(f)(6) of this title. For a CHP holder who receives GAF from a CQE, the net poundage equivalent of all halibut IFQ received as GAF is included in the computation of that person's IFQ halibut holdings in § 679.42(f)(6) of this title. (K) Applicability of GAF use restrictions to CQEs. The GAF use restrictions in paragraph (c)(5)(iv)(H) of this section do not apply if: ( 1 ( 2 ( 3 (d) Charter vessels in Commission regulatory area 2C and 3A General requirements Logbook submission. (ii) The charter vessel guide is responsible for complying with the reporting requirements of this paragraph (d) and 50 CFR 679.46. The person whose business was assigned to an Alaska Department of Fish and Game Saltwater Sport Fishing Charter Trip Logbook is responsible for ensuring that the charter vessel guide complies with the reporting requirements of this paragraph (d) and 50 CFR 679.46. (2) Retention and inspection of logbook. (i) Retain all logbook data pages showing halibut harvest for 2 years after the end of the fishing year for which the logbook was issued, and (ii) Make the logbook available for inspection upon the request of an authorized officer (as defined in Commission regulations). (3) Charter vessel guide and crew restriction in Commission regulatory areas 2C and 3A. (4) Recordkeeping and reporting requirements in Commission regulatory area 2C and 3A General requirements. (ii) Logbook reporting requirements Charter vessel angler signature requirement. (B) Charter vessel guide requirements. 1 10 ( 1 Guide license number. ( 2 Date. ( 3 Charter halibut permit (CHP) number. ( 4 Guided Angler Fish (GAF) permit number. ( 5 Statistical area. ( 6 Angler sport fishing license number and printed name. ( 7 Number of halibut retained. ( 8 Number of GAF retained. ( 9 Guide signature. ( 10 Angler signature. ( 11 Validation of charter halibut stamps. (iii) GAF reporting requirements General. 1 5 7 5 ( 2 http://alaskafisheries.noaa.gov/ ( 3 ( 4 ( 5 (B) Electronic Reporting of GAF. (C) NMFS-Approved Electronic Reporting System. 1 3 ( 1 ( 2 ( 3 (D) Information entered for each GAF caught and retained. 1 9 ( 1 ( 2 ( i ( ii ( 3 ( 4 ( 5 ( 6 ( 7 ( 8 i.e. ( 9 i.e. (E) Properly reported landing. 1 ( 2 1 ( 3 4 (5) Carcass retention requirement for size-restricted halibut. (6) If a charter vessel angler catches and retains halibut, and that halibut is on board a fishing vessel with halibut caught and retained by persons who are not charter vessel anglers, then the daily bag limit, possession limit, size limit, and carcass retention regulations applicable to charter vessel anglers shall apply to all halibut on board the fishing vessel. (e) The Local Area Management Plan (LAMP) for Sitka Sound provides guidelines for participation in the halibut fishery in Sitka Sound. (1) For purposes of this section, Sitka Sound means (See Figure 1 to subpart E): (i) With respect to paragraph (e)(2) of this section, that part of the Commission regulatory area 2C that is enclosed on the north and east: (A) By a line from Kruzof Island at 57°20′30″ N. lat., 135°45′10″ W. long. to Chichagof Island at 57°22′03″ N. lat., 135°43′00″ W. long., and (B) By a line from Chichagof Island at 57°22′35″ N. lat., 135°41′18″ W. long. to Baranof Island at 57°22′17″ N. lat., 135°40′57″ W. long.; and (C) That is enclosed on the south and west by a line from Cape Edgecumbe at 56°59′54″ N. lat., 135°51′27″ W. long. to Vasilief Rock at 56°48′56″ N. lat., 135°32′30″ W. long., and (D) To the green day marker in Dorothy Narrows at 56°49′17″ N. lat., 135°22′45″ W. long. to Baranof Island at 56°49′17″ N. lat., 135°22′36″ W. long. (ii) With respect to paragraphs (e)(3), (e)(4), and (e)(5) of this section, that part of the Commission Regulatory Area 2C that is enclosed on the north and east: (A) By a line from Kruzof Island at 57°20′30″ N. lat., 135°45′10″ W. long. to Chichagof Island at 57°22′03″ N. lat., 135°43′00″ W. long., and (B) A line from Chichagof Island at 57°22′35″ N. lat., 135°41′18″ W. long. to Baranof Island at 57°22′17″ N. lat., 135°40′57″ W. lat.; and (C) That is enclosed on the south and west by a line from Sitka Point at 56°59′23″ N. lat., 135°49′34″ W. long., to Hanus Point at 56°51′55″ N. lat., 135°30′30″ W. long., (D) To the green day marker in Dorothy Narrows at 56°49′17″ N. lat., 135°22′45″ W. long. to Baranof Island at 56°49′17″ N. lat., 135°22′36″ W. long. (2) A person using a vessel greater than 35 ft (10.7 m) in overall length, as defined at 50 CFR 300.61, is prohibited from fishing for IFQ halibut with setline gear, as defined at 50 CFR 300.61, within Sitka Sound as defined in paragraph (e)(1)(i) of this section. (3) A person using a vessel less than or equal to 35 ft (10.7 m) in overall length, as defined at 50 CFR 300.61: (i) Is prohibited from fishing for IFQ halibut with setline gear within Sitka Sound, as defined in paragraph (e)(1)(ii) of this section, from June 1 through August 31; and (ii) Is prohibited, during the remainder of the designated IFQ season, from retaining more than 2,000 lb (0.91 mt) of IFQ halibut within Sitka Sound, as defined in paragraph (e)(1)(ii) of this section, per IFQ fishing trip, as defined in 50 CFR 300.61. (4) No charter vessel shall engage in sport fishing, as defined at § 300.61, for halibut within Sitka Sound, as defined in paragraph (e)(1)(ii) of this section, from June 1 through August 31. (i) No charter vessel shall retain halibut caught while engaged in sport fishing, as defined at § 300.61, for other species, within Sitka Sound, as defined in paragraph (e)(1)(ii) of this section, from June 1 through August 31. (ii) Notwithstanding paragraphs (e)(4) and (e)(4)(i) of this section, halibut harvested outside Sitka Sound, as defined in paragraph (e)(1)(ii) of this section, may be retained onboard a charter vessel engaged in sport fishing, as defined in § 300.61, for other species within Sitka Sound, as defined in paragraph (e)(1)(ii) of this section, from June 1 through August 31. (5) Setline gear may not be used in a 4 nm radius extending south from Low Island at 57°00.70′ N. lat., 135°36.57′ W. long. within Sitka Sound, as defined in paragraph (e)(1)(ii) of this section, from June 1 through August 31. (f) Sitka Pinnacles Marine Reserve. (1) For purposes of this paragraph (f), the Sitka Pinnacles Marine Reserve means an area totaling 2.5 square nm off Cape Edgecumbe, defined by straight lines connecting the following points in a counterclockwise manner: 56°55.5′ N lat., 135°54.0′ W long; 56°57.0′ N lat., 135°54.0′ W long; 56°57.0′ N lat., 135°57.0′ W long; 56°55.5′ N lat., 135°57.0′ W long. (2) No person shall engage in commercial, sport or subsistence fishing, as defined at § 300.61, for halibut within the Sitka Pinnacles Marine Reserve. (3) No person shall anchor a vessel within the Sitka Pinnacles Marine Reserve if halibut is on board. (g) Subsistence fishing in and off Alaska. (1) A person is eligible to harvest subsistence halibut if he or she is a rural resident of a community with customary and traditional uses of halibut listed in the following table: Halibut Regulatory Area 2C Rural Community Organized Entity Angoon Municipality Coffman Cove Municipality Craig Municipality Edna Bay Census Designated Place Elfin Cove Census Designated Place Gustavus Census Designated Place Haines Municipality Hollis Census Designated Place Hoonah Municipality Hydaburg Municipality Hyder Census Designated Place Kake Municipality Kasaan Municipality Klawock Municipality Klukwan Census Designated Place Metlakatla Census Designated Place Meyers Chuck Census Designated Place Naukati Municipality Pelican Municipality Petersburg Municipality Point Baker Census Designated Place Port Alexander Municipality Port Protection Census Designated Place Saxman Municipality Sitka Municipality Skagway Municipality Tenakee Springs Municipality Thorne Bay Municipality Whale Pass Census Designated Place Wrangell Municipality Halibut Regulatory Area 3A Rural Community Organized Entity Akhiok Municipality Chenega Bay Census Designated Place Cordova Municipality Karluk Census Designated Place Kodiak City Municipality Larsen Bay Municipality Nanwalek Census Designated Place Old Harbor Municipality Ouzinkie Municipality Port Graham Census Designated Place Port Lions Municipality Seldovia Municipality Tatitlek Census Designated Place Yakutat Municipality Halibut Regulatory Area 3B Rural Community Organized Entity Chignik Bay Municipality Chignik Lagoon Census Designated Place Chignik Lake Census Designated Place Cold Bay Municipality False Pass Municipality Ivanof Bay Census Designated Place King Cove Municipality Nelson Lagoon Census Designated Place Perryville Census Designated Place Sand Point Municipality Halibut Regulatory Area 4A Rural Community Organized Entity Akutan Municipality Nikolski Census Designated Place Unalaska Municipality Halibut Regulatory Area 4B Rural Community Organized Entity Adak Census Designated Place Atka Municipality Halibut Regulatory Area 4C Rural Community Organized Entity St. George Municipality St. Paul Municipality Halibut Regulatory Area 4D Rural Community Organized Entity Gambell Municipality Savoonga Municipality Diomede (Inalik) Municipality Halibut Regulatory Area 4E Rural Community Organized Entity Alakanuk Municipality Aleknegik Municipality Bethel Municipality Brevig Mission Municipality Chefornak Municipality Chevak Municipality Clark's Point Municipality Council Census Designated Place Dillingham Municipality Eek Municipality Egegik Municipality Elim Municipality Emmonak Municipality Golovin Municipality Goodnews Bay Municipality Hooper Bay Municipality King Salmon Census Designated Place Kipnuk Census Designated Place Kongiganak Census Designated Place Kotlik Municipality Koyuk Municipality Kwigillingok Census Designated Place Levelock Census Designated Place Manokotak Municipality Mekoryak Municipality Naknek Census Designated Place Napakiak Municipality Napaskiak Municipality Newtok Census Designated Place Nightmute Municipality Nome Municipality Oscarville Census Designated Place Pilot Point Municipality Platinum Municipality Port Heiden Municipality Quinhagak Municipality Scammon Bay Municipality Shaktoolik Municipality Sheldon Point (Nunam Iqua) Municipality Shishmaref Municipality Solomon Census Designated Place South Naknek Census Designated Place St. Michael Municipality Stebbins Municipality Teller Municipality Togiak Municipality Toksook Bay Municipality Tuntutuliak Census Designated Place Tununak Census Designated Place Twin Hills Census Designated Place Ugashik Census Designated Place Unalakleet Municipality Wales Municipality White Mountain Municipality (2) A person is eligible to harvest subsistence halibut if he or she is a member of an Alaska Native tribe with customary and traditional uses of halibut listed in the following table: Halibut Regulatory Area 2C Place with Tribal Headquarters Organized Tribal Entity Angoon Angoon Community Association Craig Craig Community Association Haines Chilkoot Indian Association Hoonah Hoonah Indian Association Hydaburg Hydaburg Cooperative Association Juneau Aukquan Traditional Council Kake Organized Village of Kake Kasaan Organized Village of Kasaan Ketchikan Ketchikan Indian Corporation Klawock Klawock Cooperative Association Klukwan Chilkat Indian Village Metlakatla Metlakatla Indian Community, Annette Island Reserve Petersburg Petersburg Indian Association Saxman Organized Village of Saxman Sitka Sitka Tribe of Alaska Skagway Skagway Village Wrangell Wrangell Cooperative Association Halibut Regulatory Area 3A Place with Tribal Headquarters Organized Tribal Entity Akhiok Native Village of Akhiok Chenega Bay Native Village of Chanega Cordova Native Village of Eyak Karluk Native Village of Karluk Kenai-Soldotna Kenaitze Indian Tribe Kodiak City Lesnoi Village (Woody Island) Larsen Bay Native Village of Larsen Bay Nanwalek Native Village of Nanwalek Ninilchik Ninilchik Village Old Harbor Village of Old Harbor Ouzinkie Native Village of Ouzinkie Port Graham Native Village of Port Graham Port Lions Native Village of Port Lions Seldovia Seldovia Village Tribe Tatitlek Native Village of Tatitlek Wasilla Village of Kanatak Yakutat Yakutat Tlingit Tribe Halibut Regulatory Area 3B Place with Tribal Headquarters Organized Tribal Entity Chignik Bay Native Village of Chignik Chignik Lagoon Native Village of Chignik Lagoon Chignik Lake Chignik Lake Village False Pass Native Village of False Pass Ivanof Bay Ivanoff Bay Village King Cove Agdaagux Tribe of King Cove Nelson Lagoon Native Village of Nelson Lagoon Perryville Native Village of Perryville Sand Point Pauloff Harbor Village Halibut Regulatory Area 4A Place with Tribal Headquarters Organized Tribal Entity Akutan Native Village of Akutan Nikolski Native Village of Nikolski Unalaska Qawalingin Tribe of Unalaska Halibut Regulatory Area 4B Place with Tribal Headquarters Organized Tribal Entity Atka Native Village of Atka Halibut Regulatory Area 4C Place with Tribal Headquarters Organized Tribal Entity St. George Pribilof Islands Aleut Communities of St. Paul Island and St. George Island Halibut Regulatory Area 4D Place with Tribal Headquarters Organized Tribal Entity Gambell Native Village of Gambell Savoonga Native Village of Savoonga Diomede (Inalik) Native Village of Diomede (Inalik) Halibut Regulatory Area 4E Place with Tribal Headquarters Organized Tribal Entity Alakanuk Village of Alakanuk Aleknagik Native Village of Aleknagik Bethel Orutsararmuit Native Village Brevig Mission Native Village of Brevig Mission Chefornak Village of Chefornak Chevak Chevak Native Village Clark's Point Village of Clark's Point Council Native Village of Council Dillingham Native Village of Dillingham Eek Native Village of Eek Egegik Egegik Village Elim Native Village of Elim Emmonak Chuloonawick Native Village Golovin Chinik Eskimo Community Goodnews Bay Native Village of Goodnews Bay Hooper Bay Native Village of Hooper Bay King Salmon King Salmon Tribal Council Kipnuk Native Village of Kipnuk Kongiganak Native Village of Kongiganak Kotlik Native Village of Hamilton Koyuk Native Village of Koyuk Kwigillingok Native Village of Kwigillingok Levelock Levelock Village Manokotak Manokotak Village Mekoryak Native Village of Mekoryak Naknek Naknek Native Village Napakiak Native Village of Napakiak Napaskiak Native Village of Napaskiak Newtok Newtok Village Nightmute Native Village of Nightmute Nome King Island Native Community Oscarville Oscarville Traditional Village Pilot Point Native Village of Pilot Point Platinum Platinum Traditional Village Port Heiden Native Village of Port Heiden Quinhagak Native Village of Kwinhagak Scammon Bay Native Village of Scammon Bay Shaktoolik Native Village of Shaktoolik Sheldon Point (Nunam Iqua) Native Village of Sheldon's Point Shishmaref Native Village of Shishmaref Solomon Village of Solomon South Naknek South Naknek Village St. Michael Native Village of Saint Michael Stebbins Stebbins Community Association Teller Native Village of Mary's Igloo Togiak Traditional Village of Togiak Toksook Bay Native Village of Toksook Bay Tuntutuliak Native Village of Tuntutuliak Tununak Native Village of Tununak Twin Hills Twin Hills Village Ugashik Ugashik Village Unalakleet Native Village of Unalakleet Wales Native Village of Wales White Mountain Native Village of White Mountain (3) A person is eligible to harvest subsistence halibut if he or she is a rural resident in one of the rural areas of Alaska described as follows: (i) Southeast Alaska east of 141° W. long., except for the land areas of the Ketchikan Gateway Borough as described at paragraph (g)(4)(i) of this section, the land areas of the City and Borough of Juneau, and the Ketchikan and Juneau non-subsistence marine waters areas as defined in paragraphs (h)(3)(i) and (h)(3)(ii) of this section (see figures 2 and 3 to this subpart E). (ii) The Alaska Peninsula, Aleutian Islands, Kodiak Island Archipelago, and the area south of the northern boundary of the Bristol Bay Borough and south of 58°39.2′ N. lat. (see figures 5, 6, and 7 to this subpart E). (iii) Nelson, Nunivak, and Saint Lawrence Islands (see figure 6 to this subpart E). (iv) All other areas of Alaska within ten statute miles of mean high water on the Bering Sea and Pacific Ocean coasts, south of Cape Espenberg, including along the Kuskokwim River to Bethel, and that are not specified as non-rural land or water areas as defined in paragraph (g)(4) of this section (see figures 4, 5, 6, and 7 to this subpart E). (4) Non-rural areas consist of the non-subsistence marine waters areas defined in paragraph (h)(3) of this section and the land areas of the following cities and boroughs for purposes of the subsistence fishery for Pacific halibut in waters in and off Alaska: (i) The Ketchikan Gateway Borough on May 18, 2008. This area encompasses all those islands bounded on the east, north, and west by Behm Canal, Behm Narrows, and Clarence Strait to its junction with Nichols Passage, and on the south by Nichols and Revillagigedo Channel to its junction with Behm Canal. The designated boundaries extend to the center line of Behm Canal, Behm Narrows, Clarence Strait, Nichols Passage, and Revillagigedo Channel, and include all the area of Revillagigedo, Gravina, Pennock, Betton, Grant and other Clover Passage and Naha Bay Islands, Hassler, Gedney, Black, Smeaton, Manzanita, Rudyerd, and Bold Islands, and all other offshore and adjacent islands and inlets thereto (see figure 2 to this subpart E). (ii) The City and Borough of Juneau (see figure 3 to this subpart E). (iii) The Greater Anchorage Area Borough (see figures 4 and 5 to this subpart E). (iv) The Matanuska-Susitna Borough (see figure 5 to this subpart E). (v) The Kenai Peninsula Borough excluding the area of the Seldovia Census Designated Place, the area south and west of that place, and the area south and west of a line that runs from 59°27.5′ N. lat., 151°31.7′ W. long. to 59°12.5′ N. lat., 151°18.5′ W. long (see figure 5 to this subpart E). (vi) The City of Valdez (see figures 4 and 5 to this subpart E). (h) Limitations on subsistence fishing. (1) Subsistence fishing is limited to setline gear and hand-held gear, including longline, handline, rod and reel, spear, jig and hand-troll gear. (i) Subsistence fishing gear set or retrieved from a vessel while engaged in subsistence fishing for halibut must not have more than the allowable number of hooks per vessel, or per person registered in accordance with paragraph (i) of this section and aboard the vessel, whichever is less, according to the regulatory area and permit type indicated in the following table: Regulatory Area Permit Type Gear Restrictions 2C—Except Sitka Sound, and Ketchikan and Juneau non-subsistence marine waters areas SHARC 30 hooks per vessel Ceremonial Permit 30 hooks per vessel Educational Permit 30 hooks per vessel Community Harvest Permit 30 hooks per person onboard up to 90 hooks per vessel 2C—Sitka Sound SHARC September 1 through May 31: 30 hooks per vessel June 1 through August 31: 15 hooks per vessel; no power hauling Ceremonial Permit September 1 through May 31: 30 hooks per vessel June 1 through August 31: fishing under Ceremonial Permit not allowed Educational Permit 30 hooks per vessel Community Harvest Permit fishing under Community Harvest Permit not allowed 2C—Ketchikan and Juneau non-subsistence marine waters areas SHARC general subsistence halibut fishing not allowed Ceremonial Permit 30 hooks per vessel Educational Permit 30 hooks per vessel Community Harvest Permit fishing under Community Harvest Permit not allowed 3A—Except Chiniak Bay, and Anchorage-Matsu-Kenai and Valdez non-subsistence marine waters areas SHARC 30 hooks per person onboard up to 90 hooks per vessel Ceremonial Permit 30 hooks per person onboard up to 90 hooks per vessel Educational Permit 30 hooks per person onboard up to 90 hooks per vessel Community Harvest Permit 30 hooks per person onboard up to 90 hooks per vessel 3A—Chiniak Bay SHARC 30 hooks per person onboard up to 60 hooks per vessel Ceremonial Permit 30 hooks per person onboard up to 90 hooks per vessel Educational Permit 30 hooks per person onboard up to 90 hooks per vessel Community Harvest Permit 30 hooks per person onboard up to 90 hooks per vessel 3A—Anchorage-Matsu-Kenai and Valdez non-subsistence marine waters areas SHARC general subsistence halibut fishing not allowed Ceremonial Permit 30 hooks per person onboard up to 90 hooks per vessel Educational Permit 30 hooks per person onboard up to 90 hooks per vessel Community Harvest Permit fishing under Community Harvest Permit not allowed 3B SHARC 30 hooks per person onboard up to 90 hooks per vessel 4A and 4B SHARC 30 hooks per person onboard up to 90 hooks per vessel 4C, 4D, and 4E SHARC no hook limit (ii) All setline gear marker buoys carried on board or used by any vessel regulated under this section shall be marked with the following: first initial, last name, and address (street, city, and state), followed by the letter “S” to indicate that it is used to harvest subsistence halibut. (iii) Markings on setline marker buoys shall be in characters at least 4 inches (10.16 cm) in height and 0.5 inch (1.27 cm) in width in a contrasting color visible above the water line and shall be maintained so the markings are clearly visible. (2) The retention of subsistence halibut is limited per person eligible to conduct subsistence fishing for halibut and onboard the vessel according to the following table: Regulatory Area Permit Type Retention Limits 2C—Except Sitka Sound, and Ketchikan and Juneau non-subsistence marine waters areas SHARC 20 halibut per day per vessel and in possession Ceremonial Permit 25 halibut per permit Educational Permit 25 halibut per permit Community Harvest Permit no daily or possession limit 2C—Sitka Sound SHARC September 1 through May 31: 10 halibut per day per vessel and in possession June 1 through August 31: 5 halibut per day per vessel and in possession Ceremonial Permit September 1 through May 31: 25 halibut per permit June 1 through August 31: fishing under Ceremonial Permit not allowed Educational Permit 25 halibut per permit Community Harvest Permit fishing under Community Harvest Permit not allowed 2C—Ketchikan and Juneau non-subsistence marine waters areas SHARC general subsistence halibut fishing not allowed Ceremonial Permit 25 halibut per permit Educational Permit 25 halibut per permit Community Harvest Permit fishing under Community Harvest Permit not allowed 3A—Including Chiniak Bay, but excluding Anchorage-Matsu-Kenai and Valdez non-subsistence marine waters areas SHARC 20 halibut per person per day and in possession Ceremonial Permit 25 halibut per permit Educational Permit 25 halibut per permit Community Harvest Permit no daily or possession limit 3A—Anchorage-Matsu-Kenai and Valdez non-subsistence marine waters areas SHARC general subsistence halibut fishing not allowed Ceremonial Permit 25 halibut per permit Educational Permit 25 halibut per permit Community Harvest Permit fishing under Community Harvest Permit not allowed 3B SHARC 20 halibut per person per day and in possession 4A and 4B SHARC 20 halibut per person per day; no possession limit 4C, 4D, and 4E SHARC no daily or possession limit (3) Subsistence fishing may be conducted in any waters in and off Alaska except in the four non-subsistence marine waters areas defined as follows: (i) Ketchikan non-subsistence marine waters area in Commission regulatory area 2C (ii) Juneau non-subsistence marine waters area in Commission regulatory area 2C (iii) The Anchorage-Matsu-Kenai non-subsistence marine waters area in Commission Regulatory Area 3A (A) All waters of Cook Inlet north of a line extending from the westernmost point of Hesketh Island at 59°30.40′ N. lat., except those waters within mean lower low tide from a point one mile south of the southern edge of the Chuitna River (61°05.00′ N. lat., 151°01.00′ W. long.) south to the easternmost tip of Granite Point (61°01.00′ N. lat., 151°23.00′ W. long.) (Tyonek subdistrict); and (B) All waters of Alaska south of 59°30.40′ N. lat. on the western shore of Cook Inlet to Cape Douglas (58°51.10′ N. lat.) and in the east to Cape Fairfield (148°50.25′ W. long.), except those waters of Alaska west of a line from the easternmost point of Jakolof Bay (151°31.90′ W. long.), and following the shore to a line extending south from the easternmost point of Rocky Bay (151°18.41′ W. long.); and (iv) Valdez non-subsistence marine waters area in Commission regulatory area 3A (4) Waters in and off Alaska that are not specifically identified as non-subsistence marine waters areas in paragraph (h)(3) of this section are rural for purposes of subsistence fishing for halibut. Subsistence fishing may be conducted in any rural area by any person with a valid subsistence halibut registration certificate in his or her name issued by NMFS under paragraph (i) of this section, except that: (i) A person who is not a rural resident but who is a member of an Alaska Native tribe that is located in a rural area and that is listed in the table in paragraph (g)(2) of this section is limited to conducting subsistence fishing for halibut only in his or her area of tribal membership. (ii) A person who is a resident outside the State of Alaska but who is a member of an Alaska Native tribe that is located in a rural area and that is listed in the table in paragraph (g)(2) of this section is limited to conducting subsistence fishing for halibut only in his or her area of tribal membership. (iii) For purposes of this paragraph (h)(4), “area of tribal membership” means rural areas of the Commission regulatory area under which the Organized Tribal Entity is listed in the tables set out in paragraph (g)(2) of this section, or the Bering Sea closed area adjacent to the rural area in which the Alaska Native tribal headquarters is located. (i) Subsistence registration. (1) A subsistence halibut registration certificate will be issued to any person who registers according to paragraph (i)(2) of this section and who is qualified to conduct subsistence fishing for halibut according to paragraph (g) of this section. The Alaska Region, NMFS, may enter into cooperative agreements with Alaska Native tribal governments or their representative organizations for purposes of identifying persons qualified to conduct subsistence fishing for halibut according to paragraph (g) of this section. (2) Registration. http://alaskafisheries.noaa.gov (i) Non-electronic submittal. (ii) Electronic submittal. (3) Expiration of registration. (i) 2 years from the date of its issuance to a person eligible to harvest subsistence halibut under paragraph (g)(1) of this section, and (ii) 4 years from the date of its issuance to a person eligible to harvest subsistence halibut under paragraph (g)(2) of this section. (j) Community Harvest Permit (CHP). (1) Qualifications. (ii) NMFS will issue a CHP to a community in Area 2C or Area 3A only if: (A) The applying community is listed as eligible in Area 2C or Area 3A according to paragraph (g)(1) of this section; and (B) No Alaska Native tribe listed in paragraph (g)(2) of this section exists in that community. (iii) NMFS will issue a CHP to an Alaska Native tribe in Area 2C or Area 3A only if the applying tribe is listed as eligible in Area 2C or Area 3A according to paragraph (g)(2) of this section. (iv) Eligible communities or Alaska Native tribes may appoint only one CHP Coordinator per community or tribe. (2) Application. (i) The name of the community or Alaska Native tribe requesting the CHP; (ii) The full name of the person who is designated as the CHP Coordinator for each community or Alaska Native tribe, the designated CHP Coordinator's mailing address (number and street, city, state, and zip code), community of residence (the rural community or residence from paragraph (g)(1) of this section) or the Alaska Native tribe if applicable (as indicated in paragraph (g)(2) of this section), and the daytime telephone number; and (iii) Any previously issued CHP harvest logs. (3) Restrictions. (i) In Area 2C or Area 3A, except that a CHP may not be used: (A) Within Sitka Sound as defined in paragraph (e)(1)(ii) of this section (see Figure 1 to this subpart E); or (B) Within the Ketchikan, Juneau, Anchorage-Matsu-Kenai, and Valdez non-subsistence marine waters areas as defined in paragraph (h)(3) of this section (see figures 2, 3, 4, 5, 6, and 7 to this subpart E). (ii) To persons in possession of a valid subsistence halibut registration certificate issued in accordance with paragraph (i) of this section for the same community or Alaska Native tribe listed on the CHP; (iii) On a single vessel on which a CHP card is present; and (iv) If subsistence fishing gear set or retrieved from a vessel on which the CHP card is present does not exceed the restrictions of paragraph (h) of this section. (4) Expiration of permit. (5) Duties of the CHP coordinator. (i) The designated harvesters who may fish under the CHP are identified on the Community Harvest Permit harvest log when the CHP is issued to the designated harvesters; (ii) The CHP remains in the possession of the CHP Coordinator or other tribal or government authority when not in use and is issued to the designated harvesters when necessary; and (iii) All required recordkeeping and data reporting of subsistence harvests under the CHP are performed. (6) Harvest log submission. (i) The subsistence fisher's identity including his or her full name, subsistence halibut registration certificate number, date of birth, mailing address (number and street, city, state, and zip code), community of residence, daytime phone number, and tribal identity (if appropriate); and (ii) The subsistence halibut harvest including whether the participant fished for subsistence halibut during the period specified on the permit, and if so, the date harvest occurred, the number and weight (in pounds) of halibut harvested, the type of gear and number of hooks used, the Commission regulatory area and local water body from which the halibut were harvested, and the number of lingcod and rockfish caught while subsistence fishing for halibut. (k) Ceremonial Permit or Educational Permit. (1) Qualifications. (ii) Eligible Alaska Native tribes may appoint only one Ceremonial Permit Coordinator per tribe. (iii) Eligible educational programs may appoint only one authorized Instructor per Educational Permit. (2) Application. (i) A complete application must include: (A) The name of the Alaska Native tribe requesting the Ceremonial or Educational Permit; (B) The name of the person designated as the Ceremonial Permit Coordinator for each Alaska Native tribe or the name of the person designated as the Instructor for an Educational Permit, the Ceremonial Permit Coordinator or Instructor's mailing address (number and street, city, state, and zip code), and the daytime telephone number; (C) Any previously issued Ceremonial Permit harvest logs from any expired Ceremonial Permit if applying for a Ceremonial Permit; and (D) Any previously issued Educational Permit harvest logs from any expired Educational Permit if applying for an Educational Permit. (ii) NMFS will issue a Ceremonial Permit for the harvest of halibut associated with traditional cultural events only if the application: (A) Indicates the occasion of cultural or ceremonial significance; and (B) Identifies the person designated by the eligible Alaska Native tribe as the Ceremonial Permit Coordinator. (iii) NMFS will issue an Educational Permit only if the application: (A) Includes the name and address of the educational institution or organization; (B) Includes the instructor's name; (C) Demonstrates the enrollment of qualified students; (D) Describes minimum attendance requirements of the educational program; and (E) Describes standards for the successful completion of the educational program. (3) Restrictions. (i) In Area 3A, except: (A) In the Anchorage-Matsu-Kenai non-subsistence marine waters area defined in paragraph (h)(3) of this section (see figures 4, 5, 6, and 7 to this subpart E), only the following tribes may use a Ceremonial or Educational permit: ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 (B) In the Valdez non-subsistence marine waters area defined in paragraph (h)(3) of this section (see figures 4 and 5 to this subpart E), only the Native Village of Tatitlek may use a Ceremonial or Educational permit. (ii) In Area 2C, except: (A) In the Ketchikan non-subsistence marine waters area defined in paragraph (h)(3) of this section (see figure 2 to this subpart E), only the following tribes may use a Ceremonial or Educational permit: ( 1 ( 2 ( 3 (B) In the Juneau non-subsistence marine waters area defined in paragraph (h)(3) of this section (see figure 3 to this subpart E), only the following tribes may use a Ceremonial or Educational permit: ( 1 ( 2 ( 3 (C) A Ceremonial Permit may not be used within Sitka Sound from June 1 through August 31; (iii) On a single vessel on which the Ceremonial or Educational Permit card is present; (iv) On the vessel on which the instructor is present for Educational Permits; (v) To persons in possession of a valid subsistence halibut registration certificate issued in accordance with paragraph (i) of this section for the same Alaska Native tribe listed on the Ceremonial or Educational Permit, except that students enrolled in an educational program may fish under an Educational Permit without a subsistence halibut registration certificate; and (vi) If subsistence fishing gear set or retrieved from a vessel on which the Ceremonial or Educational Permit card is present does not exceed the restrictions of paragraph (h) of this section. (4) Expiration of permits. (5) Duties of Ceremonial Permit Coordinators and Instructors. (i) The designated harvesters or students who may fish under the Ceremonial or Educational Permit are identified on the Ceremonial/Educational Permit harvest log when the permit is used; (ii) The Ceremonial Permit remains in the possession of the Ceremonial Permit Coordinator or other tribal authority when not in use and is issued to designated harvesters when necessary; and (iii) All required recordkeeping and data reporting of subsistence harvests under the Ceremonial or Educational Permit are performed. (6) Harvest log submission. (i) The subsistence fisher's identity including his or her full name, subsistence halibut registration certificate number if applicable (students do not need a SHARC), date of birth, mailing address (number and street, city, state, and zip code), community of residence, daytime phone number, and tribal identity; (ii) The subsistence halibut harvest including whether the participant fished for subsistence halibut during the period indicated on the permit, and if so, the date when harvest occurred, the number and weight (in pounds) of halibut harvested, the type of gear and number of hooks used, the Commission regulatory area and local water body from which the halibut were harvested, and the number of lingcod and rockfish caught while subsistence fishing for halibut. (l) Appeals. [68 FR 18156, Apr. 15, 2003] Editorial Note: For Federal Register www.govinfo.gov. § 300.66 Prohibitions. In addition to the general prohibitions specified in 50 CFR 300.4, it is unlawful for any person to do any of the following: (a) Fish for halibut except in accordance with the annual management measures published pursuant to 50 CFR 300.62. (b) Fish for halibut except in accordance with the catch sharing plans and domestic management measures implemented under §§ 300.63, 300.65, and 300.67. (c) Fish for halibut in Sitka Sound in violation of the Sitka Sound LAMP implemented under 50 CFR 300.65(e). (d) Fish for halibut or anchor a vessel with halibut on board within the Sitka Pinnacles Marine Reserve defined at 50 CFR 300.65(f). (e) Fish for subsistence halibut in and off Alaska unless the person is qualified to do so under § 300.65(g), possesses a valid subsistence halibut registration certificate pursuant to § 300.65(i), and makes this certificate available for inspection by an authorized officer on request, except that students enrolled in a valid educational program and fishing under an Educational Permit issued pursuant to § 300.65(k) do not need a subsistence halibut registration certificate. (f) Fish for subsistence halibut in and off Alaska with gear other than that described at 50 CFR 300.65(h)(1) and retain more halibut than specified at 50 CFR 300.65(h)(2). (g) Fish for subsistence halibut in and off Alaska in a non-subsistence marine waters area specified at § 300.65(h)(3). (h) Conduct subsistence fishing for halibut while commercial fishing or sport fishing for halibut, as defined in § 300.61, from the same vessel on the same calendar day, or possess on board a vessel halibut harvested while subsistence fishing with halibut harvested while commercial fishing or sport fishing, except that persons authorized to conduct subsistence fishing under § 300.65(g), and who land their total annual harvest of halibut: (1) In Commission regulatory Areas 4D or 4E may retain, with harvests of Community Development Quota (CDQ) halibut, subsistence halibut harvested in Commission regulatory areas 4D or 4E that are smaller than the size limit specified in the annual management measures published pursuant to § 300.62; or (2) In Commission regulatory Areas 4C, 4D or 4E may retain, with harvests of CDQ halibut, subsistence halibut harvested in Commission regulatory areas 4C, 4D or 4E that are equal to or greater than the size limit specified in the annual management measures published pursuant to § 300.62. (i) Conduct commercial and sport fishing for halibut, as defined in § 300.61, from the same vessel on the same calendar day. (j) Fish for subsistence halibut from a charter vessel or retain subsistence halibut onboard a charter vessel if anyone other than the owner of record, as indicated on the State of Alaska vessel registration, or the owner's immediate family is aboard the charter vessel and unless each person engaging in subsistence fishing onboard the charter vessel holds a subsistence halibut registration certificate in the person's name pursuant to § 300.65(i) and complies with the gear and harvest restrictions found at § 300.65(h). For purposes of this paragraph (i), the term “charter vessel” means a vessel that is registered, or that should be registered, as a sport fishing guide vessel with the Alaska Department of Fish and Game. (k) Retain or possess subsistence halibut for commercial purposes; cause subsistence halibut to be sold, bartered, or otherwise entered into commerce; or solicit exchange of subsistence halibut for commercial purposes, except that a person who qualified to conduct subsistence fishing for halibut under § 300.65(g), and who holds a subsistence halibut registration certificate in the person's name under § 300.65(i), may be reimbursed for the expense of fishing for subsistence halibut under the following conditions: (1) Persons who qualify as rural residents under § 300.65(g)(1) or (g)(3) and hold a SHARC in the person's name under § 300.65(i) may be reimbursed for actual expenses for ice, bait, food, and fuel directly related to subsistence fishing for halibut, by residents of the same rural community or by rural residents residing within ten statute miles of the rural location listed on the person's SHARC application; or (2) Persons who qualify as Alaska Native tribal members under § 300.65(g)(2) and hold a SHARC in the person's name under § 300.65(i) may be reimbursed for actual expenses for ice, bait, food, and fuel directly related to subsistence fishing for halibut, by any Alaska Native tribe, or its members, or residents of the same rural community or by rural residents residing within ten statute miles of the rural location listed on the person's SHARC application. (l) Retain subsistence halibut harvested under a CHP, Ceremonial Permit, or Educational Permit together in any combination or with halibut harvested under any other license or permit. (m) Fillet, mutilate, or otherwise disfigure subsistence halibut in any manner that prevents the determination of the number of fish caught, possessed, or landed. (n) Exceed any of the harvest or gear limitations specified at § 300.65(c)(5) or adopted by the Commission as annual management measures and published in the Federal Register (o) Transfer subsistence halibut to charter vessel anglers. (p) Fail to comply with the requirements of §§ 300.65 and 300.67. (q) Fail to submit or submit inaccurate information on any report, license, catch card, application, or statement required or submitted under §§ 300.65 and 300.67, or submit inaccurate information to an authorized officer. (r) Refuse to present valid identification, U.S. Coast Guard operator's license, permit, license, or Alaska Department of Fish and Game Saltwater Sport Fishing Charter Trip logbook upon the request of an authorized officer. (s) Be a charter vessel guide with charter vessel anglers on board, or a charter vessel operator if the charter vessel guide is not on board, in Commission regulatory area 2C or 3A without an original valid charter halibut permit for the regulatory area in which the charter vessel is operating during a charter vessel fishing trip. (t) Be a charter vessel guide in Commission regulatory area 2C or 3A with more charter vessel anglers catching and retaining halibut during a charter vessel fishing trip than the total angler endorsement number specified on the charter halibut permit(s) or community charter halibut permit(s) in use for that trip. (u) Be a charter vessel guide of a charter vessel on which one or more charter vessel anglers are catching and retaining halibut in both Commission regulatory areas 2C and 3A during one charter vessel fishing trip. (v) Be a charter vessel guide or a charter vessel operator during a charter vessel fishing trip in Commission regulatory area 2C or 3A with one or more charter vessel anglers that are catching and retaining halibut without having on board the vessel with the charter vessel anglers a State of Alaska Department of Fish and Game Saltwater Charter Logbook in which the charter vessel guide has specified the following: (1) The person named on the charter halibut permit or permits being used during that charter vessel fishing trip; (2) The charter halibut permit or permits number(s) being used during that charter vessel fishing trip; and (3) The name and State-issued vessel registration (AK number) or U.S. Coast Guard documentation number of the charter vessel. [68 FR 18156, Apr. 15, 2003, as amended at 70 FR 16754, Apr. 1, 2005; 72 FR 30728, June 4, 2007; 72 FR 67669, Nov. 30, 2007; 73 FR 30524, May 28, 2008; 73 FR 52797, Sept. 11, 2008; 73 FR 54942, Sept. 24, 2008; 74 FR 21228, May 6, 2009; 74 FR 57110, Nov. 4, 2009; 75 FR 600, Jan. 5, 2010; 78 FR 75890, Dec. 12, 2013; 80 FR 35206, June 19, 2015] § 300.67 Charter halibut limited access program. This section establishes limitations on using a vessel on which charter vessel anglers catch and retain Pacific halibut in International Pacific Halibut Commission (IPHC) regulatory areas 2C and 3A. (a) General permit requirements Requirements. (2) Area endorsement. (3) Charter vessel angler endorsement. (4) Annual registration. (i) Application and submittal. https://www.fisheries.noaa.gov/region/alaska (ii) Complete annual registration. (iii) Denied registration applications. (A) Initial Administration Determination (IAD). (B) Appeal. (b) Qualifications for a charter halibut permit. (1) NMFS will issue a charter halibut permit to a person who meets the following requirements: (i) The person applies for a charter halibut permit within the application period specified in the Federal Register (ii) The person is the individual or non-individual entity to which the State of Alaska Department of Fish and Game (ADF&G) issued the ADF&G Business Owner Licenses that authorized logbook fishing trips that meet the minimum participation requirements described in paragraphs (b)(1)(ii)(A) and (b)(1)(ii)(B) of this section for one or more charter halibut permits, unless the person is applying as a successor-in-interest. (A) Reported five (5) bottomfish logbook fishing trips or more during one year of the qualifying period; and (B) Reported five (5) halibut logbook fishing trips or more during the recent participation period. (iii) If the person is applying as a successor-in-interest to the person to which ADF&G issued the Business Owner Licenses that authorized logbook fishing trips that meet the participation requirements described in paragraphs (b)(1)(ii) of this section for one or more charter halibut permits, NMFS will require the following written documentation: (A) If the applicant is applying on behalf of a deceased individual, the applicant must document that the individual is deceased, that the applicant is the personal representative of the deceased's estate appointed by a court, and that the applicant specifies who, pursuant to the applicant's personal representative duties, should receive the permit(s) for which application is made; or (B) If the applicant is applying as a successor-in-interest to an entity that is not an individual, the applicant must document that the entity has been dissolved and that the applicant is the successor-in-interest to the dissolved entity. (iv) If more than one applicant claims that they are the successor-in-interest to a dissolved entity, NMFS will award the permit or permits for which the dissolved entity qualified in the name(s) of the applicants that submitted a timely application and proved that they are a successor-in-interest to the dissolved entity. (2) Notwithstanding any other provision in this subpart, and except as provided in paragraph (b)(1)(iv) of this section, (i) One logbook fishing trip shall not be credited to more than one applicant; (ii) One logbook fishing trip made pursuant to one ADF&G Business Owner License shall not be credited to more than one applicant; and (iii) Participation by one charter halibut fishing business shall not be allowed to support issuance of permits to more than one applicant. (3) For purposes of this section, the term “ADF&G Business Owner(s) License(s)” includes a “business registration,” “sport fish business owner license,” “sport fish business license,” and “ADF&G business license”. (c) Number of charter halibut permits. (1) The total number of bottomfish logbook fishing trips made pursuant to the applicant's ADF&G Business License in the applicant-selected year divided by five, and rounded down to a whole number; or (2) The number of vessels that made the bottomfish logbook fishing trips in the applicant-selected year. (d) Designation of transferability. (1) Minimum participation criteria for a transferable permit are described in paragraphs (d)(1)(i) and (d)(1)(ii) of this section as follows: (i) Reported fifteen (15) bottomfish logbook fishing trips or more from the same vessel during one year of the qualifying period; and (ii) Reported fifteen (15) halibut logbook fishing trips or more from the same vessel during the recent participation period. (iii) The vessel used during the recent participation period is not required to be the same vessel used during the qualifying period. (2) The number of transferable charter halibut permits issued to an applicant will be equal to the lesser of the number of vessels that met the minimum transferable permit qualifications described in paragraphs (d)(1)(i) or (d)(1)(ii) of this section. (e) Angler endorsement. (1) The angler endorsement number for the first transferable permit for an area issued to an applicant will be the greatest number of charter vessel anglers reported on any logbook trip in the qualifying period in that area. (2) The angler endorsement number for each subsequent transferable permit issued to the same applicant for the same area will be the greatest number of charter vessel anglers reported by the applicant on any logbook trip in the qualifying period for a vessel not already used in that area to determine an angler endorsement, until all transferable permits issued to the applicant are assigned an angler endorsement. (3) The angler endorsement number for the first non-transferable permit for an area issued to an applicant will be the greatest number of charter vessel anglers reported on any logbook trip in the qualifying period for a vessel not already used to determine an angler endorsement in that area. (4) The angler endorsement number for each subsequent non-transferable permit issued to the same applicant for the same area will be the greatest number of charter vessel anglers reported by the applicant on any logbook trip in the qualifying period for a vessel not already used in that area to determine an angler endorsement, until all non-transferable permits issued to the applicant are assigned an angler endorsement. (5) The angler endorsement number will be four (4) if the greatest number of charter vessel anglers reported on any logbook fishing trip for an area in the qualifying period is less than four (4), or no charter vessel anglers were reported on any of the applicant's logbook fishing trips in the applicant-selected year. (6) The angler endorsement number will be six (6) on a charter halibut permit issued pursuant to military service under paragraph (g)(3) of this section. (f) For purposes of this section, the following terms are defined as follows: (1) Applicant-selected year (2) Bottomfish logbook fishing trip (3) Halibut logbook fishing trip (4) Logbook fishing trip e.g., (5) Official charter halibut record (6) Qualifying period (7) Recent participation period (g) Unavoidable circumstance. (1) Recent participation period. (i) The applicant had a specific intent to operate a charter halibut fishing business in the recent participation period; (ii) The applicant's specific intent was thwarted by a circumstance that was: (A) Unavoidable; (B) Unique to the owner of the charter halibut fishing business; and (C) Unforeseen and reasonably unforeseeable by the owner of the charter halibut fishing business; (iii) The circumstance that prevented the applicant from operating a charter halibut fishing business actually occurred; and (iv) The applicant took all reasonable steps to overcome the circumstance that prevented the applicant from operating a charter halibut fishing business in the recent participation period. (v) If the applicant proves the foregoing ( see (2) Qualifying period. (i) The applicant had a specific intent to operate a charter halibut fishing business in at least one year of the qualifying period; (ii) The applicant's specific intent was thwarted by a circumstance that was: (A) Unavoidable; (B) Unique to the owner of the charter halibut fishing business; and (C) Unforeseen and reasonably unforeseeable by the owner of the charter halibut fishing business; (iii) The circumstance that prevented the applicant from operating a charter halibut fishing business actually occurred; and (iv) The applicant took all reasonable steps to overcome the circumstance that prevented the applicant from operating a charter halibut fishing business in at least one year of the qualifying period. (v) If the applicant proves the foregoing ( see (A) One non-transferable permit with an angler endorsement of four (4); or (B) The number of transferable and non-transferable permits, and the angler endorsement on those permits, that result from the logbook fishing trips that the applicant proves likely would have taken by the applicant but for the circumstance that thwarted the applicant's specific intent to operate a charter halibut fishing business in one year of the qualifying period and the applicant did not participate during the other year of the qualifying period. (3) Military service. (i) The applicant was ordered to report for active duty military service as a member of a branch of the U.S. military, National Guard, or military reserve during the qualifying period; and (ii) The applicant had a specific intent to operate a charter halibut fishing business that was thwarted by the applicant's order to report for military service. (iii) The number of transferable and non-transferable charter halibut permit(s) that an applicant may receive under paragraph (g)(3) of this section will be based on the criteria in paragraph (g)(2)(v)(B) of this section. Angler endorsements on all such charter halibut permits will be pursuant to paragraph (e)(2) of this section. (h) Application for a charter halibut permit. Federal Register Federal Register (2) Charter halibut permit. Federal Register (3) Application procedure. (i) An applicant shall be limited to one 30-day evidentiary period; and (ii) Additional information received after the 30-day evidentiary period has expired will not be considered for purposes of the initial administrative determination. (4) After NMFS evaluates the additional information submitted by the applicant during the 30-day evidentiary period, it will take one of the following two actions. (i) If NMFS determines that the applicant has met its burden of proving that the official charter halibut record is incorrect, NMFS will amend the official charter halibut record and use the official charter halibut record, as amended, to determine whether the applicant is eligible to receive one or more charter halibut permits, the nature of those permits and the angler and area endorsements on those permits; or (ii) If NMFS determines that the applicant has not met its burden of proving that the official charter halibut record is incorrect, NMFS will notify the applicant by an initial administration determination, pursuant to paragraph (h)(5) of this section. (5) Initial Administration Determination (IAD). (6) Appeal. (i) If the applicant does not apply for a charter halibut permit within the application period specified in the Federal Register, (ii) If the applicant applies for a permit within the specified application period and OAA accepts the applicant's appeal, the applicant will receive the number and kind of interim permits which are not in dispute, according to the information in the official charter halibut record. (iii) If the applicant applies for a permit within the specified application period and OAA accepts the applicant's appeal, but according to the information in the official charter halibut record, the applicant would not be issued any permits, the applicant will receive one interim permit with an angler endorsement of four (4). (iv) All interim permits will be non-transferable and will expire when NMFS takes final agency action on the application. (i) Transfer of a charter halibut permit General. (2) Standards for approval of transfers. (i) The person designated to receive the transferred permit is a U.S. citizen or a U.S. business with a minimum of 75 percent U.S. ownership; (ii) The parties to the transfer do not owe NMFS any fines, civil penalties or any other payments; (iii) The transfer is not inconsistent with any sanctions resulting from Federal fishing violations; (iv) The transfer will not cause the designated recipient of the permit to exceed the permit limit at paragraph (j) of this section, unless an exception to that limit applies; (v) The GAF permit is not assigned to a charter halibut permit for which the GAF account contains unharvested GAF, pursuant to § 300.65 (c)(5)(iii)(A)( 3 4 (vi) A transfer application is completed and approved by NMFS; and (vii) The transfer does not violate any other provision in this part. (3) For purposes of paragraph (i)(2) of this section, a U.S. business with a minimum of 75 percent U.S. ownership means a corporation, partnership, association, trust, joint venture, limited liability company, limited liability partnership, or any other entity where at least 75 percent of the interest in such entity, at each tier of ownership of such entity and in the aggregate, is owned and controlled by citizens of the United States. (4) Application to transfer a charter halibut permit. (5) Denied transfer applications. (6) Transfer due to court order, operation of law or as part of a security agreement. (j) Charter halibut permit limitations General. (2) Ten percent ownership criterion. (3) A permit will cease to be a valid permit if the permit holder is: (i) An individual and the individual dies; or (ii) A non-individual ( e.g., (iii) A transferable permit may be made valid by transfer to an eligible recipient. (4) Exception for initial recipients of permits. (i) This exception applies only to an initial recipient as the recipient exists at the time that it is initially issued the permits; (ii) If an initial recipient of transferable permit(s) who is an individual dies, the individual's successor-in-interest may not hold more than five (5) charter halibut permits; (iii) If an initial recipient permit holder that is a non-individual, such as a corporation or a partnership, dissolves or changes, NMFS will consider the new entity a new permit holder and the new permit holder may not hold more than five (5) charter halibut permits. (5) For purposes of this paragraph (j), a “change” means: (i) For an individual, the individual has died, in which case NMFS must be notified within 30 days of the individual's death; and (ii) For a non-individual entity, the same as defined at § 679.42(j)(4)(i) of this title, in which case the permit holder must notify NMFS within 15 days of the effective date of the change as required at § 679.42(j)(5) of this title. (6) Exception for transfer of permits. (i) The designated person that would receive the transferred permits does not hold any charter halibut permits; (ii) All permits that would be transferred are transferable permits; (iii) The permits that would be transferred are all of the transferable permits that were awarded to an initial recipient who exceeded the permit limitation of five (5) permits; and (iv) The person transferring its permits also is transferring its entire charter vessel fishing business, including all the assets of that business, to the designated person that would receive the transferred permits. (k) Community charter halibut permit General. (2) Eligible communities. (i) For Area 2C: Angoon, Coffman Cove, Edna Bay, Game Creek, Hollis, Hoonah, Hydaburg, Kake, Kasaan, Klawock, Metlakatla, Meyers Chuck, Naukati Bay, Pelican, Point Baker, Port Alexander, Port Protection, Tenakee, Thorne Bay, Whale Pass. (ii) For Area 3A: Akhiok, Chenega Bay, Halibut Cove, Karluk, Larsen Bay, Nanwalek, Old Harbor, Ouzinkie, Port Graham, Port Lyons, Seldovia, Tatitlek, Tyonek, Yakutat. (3) Limitations. (i) A CQE representing an eligible community or communities in regulatory area 2C may receive a maximum of four (4) community charter halibut permits per eligible community designated for Area 2C. (ii) A CQE representing an eligible community or communities in regulatory area 3A may receive a maximum of seven (7) community charter halibut permits per eligible community designated for Area 3A. (4) NMFS will not approve a transfer that will cause a CQE representing a community or communities to hold more than the total number of permits described in paragraphs (k)(4)(i) and (k)(4)(ii) of this section, per community, including community charter halibut permits granted to the CQE under this paragraph (k) and any charter halibut permits acquired by the CQE by transfer under paragraph (i) of this section. (i) The maximum number of charter halibut and community charter halibut permits that may be held by a CQE per community represented by the CQE in regulatory area 2C is eight (8). (ii) The maximum number of charter halibut and community charter halibut permits that may be held by a CQE per community represented by the CQE in regulatory area 3A is fourteen (14). (5) Limitation on use of permits. (i) Every charter vessel fishing trip authorized by such a permit and on which halibut are caught and retained must begin or end at a location(s) specified on the application for a community charter halibut permit and that is within the boundaries of the eligible community designated on the permit. The geographic boundaries of the eligible community will be those defined by the United States Census Bureau. (ii) Community charter halibut permits may be used only within the regulatory area for which they are designated to catch and retain halibut. (6) Application procedure. (7) An annual report on the use of charter halibut permits must be submitted by the CQE as required at § 679.5(t) of this title. (l) Military charter halibut permit. (1) Limitations. (2) Application procedure. [75 FR 600, Jan. 5, 2010, as amended at 75 FR 56909, Sept. 17, 2010; 78 FR 33650, June 4, 2013; 78 FR 75890, Dec. 12, 2013; 80 FR 35207, June 19, 2015; 84 FR 64026, Nov. 20, 2019; 86 FR 70754, Dec. 13, 2021; 90 FR 29790, July 7, 2025] Figure 1 to Subpart E of Part 300—Sitka Local Area Management Plan Figure 2 to Subpart E of Part 300—Southern Southeast Alaska Rural and Non-Rural Areas [74 FR 57110, Nov. 4, 2009] Figure 3 to Subpart E of Part 300—Northern Southeast Alaska Rural and Non-Rural Areas [74 FR 57110, Nov. 4, 2009] Figure 4 to Subpart E of Part 300—Prince William Sound Rural and Non-Rural Areas [74 FR 57110, Nov. 4, 2009] Figure 5 to Subpart E of Part 300—Anchorage, Matanuska-Susitna, and Kenai Rural and Non-Rural Areas [74 FR 57110, Nov. 4, 2009] Figure 6 to Subpart E of Part 300—Alaska Peninsula and Aleutian Islands Rural and Non-Rural Areas [74 FR 57110, Nov. 4, 2009] Figure 7 to Subpart E of Part 300—Western and Central Alaska Rural and Non-Rural Areas [74 FR 57110, Nov. 4, 2009] Table 1 to Subpart E of Part 300— Determination of Commission Regulatory Area 2C Annual Commercial Allocation From the Annual Combined Catch Limit for Halibut If the area 2C annual combined catch limit (CCL) in net pounds is: then the area 2C annual commercial allocation is: <5,000,000 lb 81.7% of the Area 2C CCL. ≥5,000,000 and ≤5,755,000 lb the Area 2C CCL minus a fixed 915,000-lb allocation to the charter halibut fishery. >5,755,000 lb 84.1% of the Area 2C CCL. [78 FR 75890, Dec. 12, 2013] Table 2 to Subpart E of Part 300—Determination of Commission Regulatory Area 3A Annual Commercial Allocation From the Annual Combined Catch Limit for Halibut If the area 3A annual combined catch limit (CCL) in net pounds is: then the area 3A annual commercial allocation is: <10,000,000 lb 81.1% of the Area 3A CCL. ≥10,000,000 and ≤10,800,000 lb the Area 3A CCL minus a fixed 1,890,000-lb allocation to the charter halibut fishery. >10,800,000 and ≤20,000,000 lb 82.5% of the Area 3A CCL. >20,000,000 and ≤25,000,000 lb the Area 3A CCL minus a fixed 3,500,000-lb allocation to the charter halibut fishery. >25,000,000 lb 86.0% of the Area 3A CCL. [78 FR 75890, Dec. 12, 2013] Table 3 to Subpart E of Part 300—Determination of Commission Regulatory Area 2C Annual Charter Halibut Allocation From the Annual Combined Catch Limit If the area 2C annual combined catch limit for halibut in net pounds is: then the area 2C annual charter allocation is: <5,000,000 lb 18.3% of the Area 2C CCL. ≥5,000,000 and ≤5,755,000 lb 915,000 lb. >5,755,000 lb 15.9% of the Area 2C CCL. [78 FR 75890, Dec. 12, 2013] Table 4 to Subpart E of Part 300—Determination of Commission Regulatory Area 3A Annual Charter Halibut Allocation From the Annual Combined Catch Limit If the area 3A annual combined catch limit (CCL) for halibut in net pounds is: then the area 3A annual charter allocation is: <10,000,000 lb 18.9% of the Area 3A annual combined catch limit. ≥10,000,000 and ≤10,800,000 lb 1,890,000 lb. >10,800,000 and ≤20,000,000 lb 17.5% of the Area 3A annual combined catch limit. >20,000,000 and ≤25,000,000 lb 3,500,000 lb. >25,000,000 lb 14.0% of the Area 3A annual combined catch limit. [78 FR 75890, Dec. 12, 2013] Subpart F—Fraser River Sockeye and Pink Salmon Fisheries Authority: Pacific Salmon Treaty Act, 16 U.S.C. 3636(b). § 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). § 300.91 Definitions. In addition to the terms defined in § 300.2 and those in the Act and the Treaty, the terms used in this subpart have the following meanings. If a term is defined differently in § 300.2, the Act, or the Treaty, the definition in this section shall apply. All-citizen Authorized officer authorized officer Commission Consistent regulation or consistent order Fishing gear— (1) Gill net (2) Purse seine (3) Reef net (4) Troll fishing gear (5) Treaty Indian fishing gear United States Washington, Fraser River Panel Fraser River Panel Area (U.S.) (1) The territorial water and the high seas westward from the western coast of Canada and the United States of America and from a direct line drawn from Bonilla Point, Vancouver Island, to the lighthouse of Tatoosh Island, Washington—which line marks the entrance of Juan de Fuca Strait—and embraced between 48° and 49° N. lat., excepting therefrom, however, all the waters of Barkley Sound, eastward of a straight line drawn from Amphitrite Point to Cape Beale and all the waters of Nitinat Lake and the entrance thereto. (2) The waters included within the following boundaries: Beginning at Bonilla Point, Vancouver Island, thence along the aforesaid direct line drawn from Bonilla Point to Tatoosh Lighthouse, Washington, described in paragraph (1) of this definition, thence to the nearest point of Cape Flattery, thence following the southerly shore of Juan de Fuca Strait to Point Wilson, on Whidbey Island, thence following the western shore of the said Whidbey Island, to the entrance to Deception Pass, thence across said entrance to the southern side of Reservation Bay, on Fidalgo Island, thence following the western and northern shore line of the said Fidalgo Island to Swinomish Slough, crossing the said Swinomish Slough, in line with the track of the Great Northern Railway (Burlington Northern Railroad), thence northerly following the shoreline of the mainland to Atkinson Point at the northerly entrance to Burrard Inlet, British Columbia, thence in a straight line to the southern end of Bowen Island, then westerly following the southern shore of Bowen Island to Cape Roger Curtis, thence in a straight line to Gower Point, thence westerly following the shoreline to Welcome Point on Sechelt Peninsula, thence in a straight line to Point Young on Lasqueti Island, thence in a straight line to Dorcas Point on Vancouver Island, thence following the eastern and southern shores of the said Vancouver Island, to the starting point at Bonilla Point, as shown on the British Admiralty Chart Number 579, and on the U.S. Coast and Geodetic Survey Chart Number 6300, as corrected to March 14, 1930, copies of which are annexed to the 1930 Convention between Canada and the United States of America for Protection, Preservation, and Extension of the Sockeye Salmon Fishery in the Fraser River System as amended, signed May 26, 1930. [Note: U.S. Coast and Geodetic Survey Chart Number 6300 has been replaced and updated by NOAA Chart Number 18400.] (3) The Fraser River and the streams and lakes tributary thereto. (4) The Fraser River Panel Area (U.S.) includes Puget Sound Management and Catch Reporting Areas 4B, 5, 6, 6A, 6B, 6C, 6D, 7, 7A, 7B, 7C, 7D, and 7E as defined in the Washington State Administrative Code at Chapter 220-22 as of June 27, 1986. Fraser River Panel regulations Mesh size Pink salmon Oncorhynchus gorbuscha. Sockeye salmon Oncorhynchus nerka. Treaty fishing places United States Washington, Treaty Indian Treaty Indian tribe § 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 § 300.91, notwithstanding any dispute or negotiation between the United States and Canada regarding their respective jurisdictions, until such time as different boundaries are published by the United States. (c) Any person fishing in the Fraser River Panel Area (U.S.) who also fishes for groundfish in the EEZ should consult Federal regulations at part 663 of this title for applicable requirements, including the requirement that vessels engaged in commercial fishing for groundfish (except commercial passenger vessels) have vessel identification in accordance with § 663.6. Federal regulations governing salmon fishing in the EEZ, which includes a portion of the Fraser River Panel Area (U.S.), are at part 661 of this title. Annual regulatory modifications are published in the Federal Register. (d) Except as otherwise provided in this subpart, general provisions governing off-reservation fishing by treaty Indians are found at 25 CFR part 249, subpart A. Additional general and specific provisions governing treaty Indian fisheries are found in regulations and laws promulgated by each treaty Indian tribe for fishermen fishing pursuant to tribal authorization. (e) Nothing in this subpart relieves a person from any other applicable requirements lawfully imposed by the United States, the State of Washington, or a treaty Indian tribe. § 300.93 Reporting requirements. Any person fishing for sockeye or pink salmon within the Fraser River Panel Area (U.S.) and any person receiving or purchasing fish caught by such persons are subject to State of Washington reporting requirements at Washington Administrative Code, Chapter 220-69. Treaty Indian fishermen are subject also to tribal reporting requirements. No separate Federal reports are required. § 300.94 Prohibitions and restrictions. In addition to the prohibitions in § 300.4, the following prohibitions and restrictions apply. (a) In addition to the prohibited acts set forth in the Act at 16 U.S.C. 3637(a), the following restrictions apply to sockeye and pink salmon fishing in the Fraser River Panel Area (U.S.): (1) The Fraser River Panel Area (U.S.) is closed to sockeye and pink salmon fishing, unless opened by Fraser River Panel regulations or by inseason orders of the Secretary issued under § 300.97 that give effect to orders of the Fraser River Panel, unless such orders are determined not to be consistent with domestic legal obligations. Such regulations and inseason orders may be further implemented by regulations promulgated by the United States, the State of Washington, or any treaty Indian tribe, which are also consistent with domestic legal obligations. (2) It is unlawful for any person or fishing vessel subject to the jurisdiction of the United States to fish for, or take and retain, any sockeye or pink salmon: (i) Except during times or in areas that are opened by Fraser River Panel regulations or by inseason order, except that this provision will not prohibit the direct transport of legally caught sockeye or pink salmon to offloading areas. (ii) By means of gear or methods not authorized by Fraser River Panel regulations, inseason orders, or other applicable Federal, state, or treaty Indian tribal law. (iii) In violation of any applicable area, season, species, zone, gear, or mesh size restriction. (b) It is unlawful for any person or fishing vessel subject to the jurisdiction of the United States to— (1) Remove the head of any sockeye or pink salmon caught in the Fraser River Panel Area (U.S.), or possess a salmon with the head removed, if that salmon has been marked by removal of the adipose fin to indicate that a coded wire tag has been implanted in the head of the fish. (2) Fail to permit an authorized officer to inspect a record or report required by the State of Washington or treaty Indian tribal authority. (c) Notwithstanding paragraph (a) of this section, nothing in this subpart will be construed to prohibit the retention of sockeye or pink salmon caught by any person while lawfully engaged in a fishery for subsistence or ceremonial purposes pursuant to treaty Indian tribal regulations, for recreational purposes pursuant to recreational fishing regulations promulgated by the State of Washington, or as otherwise authorized by treaty Indian tribal or State of Washington law or regulation, provided that such treaty Indian tribal or State regulation is consistent with U.S.-approved Commission fishery regimes, Fraser River Panel regulations, or inseason orders of the Secretary applicable to fishing in the Fraser River Panel Area (U.S.). (d) The following types of fishing gear are authorized, subject to the restrictions set forth in this subpart and according to the times and areas established by Fraser River Panel regulations or inseason orders of the Secretary: (1) All citizens: Gill net, purse seine, reef net, and troll fishing gear. Specific restrictions on all citizens gear are contained in the Washington State Administrative Code of Chapter 220-47. (2) Treaty Indians: Treaty Indian fishing gear. (e) Geographic descriptions of Puget Sound Salmon Management and Catch Reporting Areas, which are referenced in the Commission's regimes, Fraser River Panel regulations, and in inseason orders of the Secretary, are found in the Washington State Administrative Code at Chapter 220-22. § 300.95 Treaty Indian fisheries. (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 Washington, (c) Identification. (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 Washington, (d) Fishing assistance. United States Washington, (2) No treaty Indian may, while fishing at a treaty fishing place in accordance with treaty-secured fishing rights, permit any person 16 years of age or older other than the authorized holder of a currently valid identification card issued in accordance with the requirements of paragraphs (c) (1) and (2) of this section to fish for said treaty Indian, assist said treaty Indian in fishing, or use any gear or fishing location identified as said treaty Indian's gear or location. (3) Treaty Indians are prohibited from participating in a treaty Indian fishery under this section at any time persons who are not treaty Indians are aboard the fishing vessel or in contact with fishing gear operated from the fishing vessel, unless such persons are authorized employees or officers of a treaty Indian tribe or tribal fisheries management organization, the Northwest Indian Fisheries Commission, the Commission, or a fisheries management agency of the United States or the State of Washington. § 300.96 Penalties. 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-Stevens Act. § 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. Federal Register (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 Washington, (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 [61 FR 35550, July 5, 1996, as amended at 74 FR 44771, Aug. 31, 2009] Subpart G—Antarctic Marine Living Resources Authority: 16 U.S.C. 2431 et seq., et seq., et seq. Source: 82 FR 6223, Jan. 19, 2017, unless otherwise noted. § 300.100 Purpose and scope. (a) This subpart implements the Antarctic Marine Living Resources Convention Act of 1984 (AMLRCA or Act), 16 U.S.C. 2431 et seq. (b) This subpart regulates— (1) The harvesting of Antarctic marine living resources and other associated activities by any person subject to the jurisdiction of the United States or by any vessel of the United States. (2) The import, export, and re-export into the United States of any Antarctic marine living resource. § 300.101 Definitions. In addition to the terms defined in § 300.2, in the Act, and in the Convention on the Conservation of Antarctic Marine Living Resources, done at Canberra, Australia, May 7, 1980 (Convention) the terms used in this subpart have the following meanings for purposes of this subpart. If a term is defined differently in § 300.2, than in the Act, or Convention, the definition in this section shall apply. ACA et seq., Annual or biennial measure (1) Applies to the operation of the Convention's commercial or exploratory fisheries such as gear, catch, and effort restrictions and time and area closures; (2) Generally expires after one or two fishing season(s); and (3) Does not require the development of policy options or a regulatory framework. Antarctic convergence Lat. Long. 50° S 0. 50° S 30° E. 45° S 30° E. 45° S 80° E. 55° S 80° E. 55° S 150° E. 60° S 150° E. 60° S 50° W. 50° S 50° W. 50° S 0. Antarctic marine living resources or AMLR(s) (1) The populations of finfish, mollusks, crustaceans, and all other species of living organisms, including birds, found south of the Antarctic Convergence; (2) All parts or products of those populations and species set forth in paragraph (1) of this definition. Centralized Vessel Monitoring System (C-VMS) Commission CCAMLR Convention Area Dealer Dissostichus catch document (DCD) Dissostichus Dissostichus export document (DED) Dissostichus Dissostichus re-export document (DRED) Dissostichus Dissostichus species Dissostichus spp. Enhanced mobile transceiver unit EMTU Export First receiver Fish Fishery (1) One or more stocks of fish that are 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 Import Individual permit Inspection vessel International observer Land Landing Dissostichus National observer Office of Law Enforcement (OLE) Port-to-port Real-time Recreational fishing Re-export Seal excluder device Specially Validated Dissostichus Catch Document Dissostichus Transship or transshipment Dissostichus Vessel Monitoring System (VMS) [82 FR 6223, Jan. 19, 2017, as amended at 89 FR 20137, Mar. 21, 2024] § 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 Protocol on Environmental Protection to the Antarctic Treaty. The ACA and its implementing regulations (including, but not limited to, 45 CFR part 670) apply to certain defined activities of U.S. citizens south of 60° S lat. (c) The Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq. et seq. et seq. (d) Rule making exceptions. When implementing conservation measures adopted and notified by CCAMLR, NMFS may apply the following exceptions to Administrative Procedure Act (APA) rulemaking requirements at 5 U.S.C. 553(b)-(d): (1) The foreign affairs function exception of the APA, 5 U.S.C. 553(a)(1); or (2) The exception under subsection 307(b) of AMLRCA, 16 U.S.C. 2436(b), that provides that, notwithstanding 5 U.S.C. 553(b)-(d), NMFS may publish in the Federal Register (i) That has been in effect for 12 months or less, beginning on the date that the Commission notifies the United States of the conservation measure under Article IX of the Convention; and (ii) With respect to which the Secretary of State does not notify the Commission in accordance with section 305(a)(1) of AMLRCA within the time period allotted for objections under Article IX of the Convention. (e) Annual or biennial measures. NMFS may implement annual or biennial measures adopted by CCAMLR as conditions to vessel permits issued under section 300.107, instead of through rulemaking. [82 FR 6223, Jan. 19, 2017, as amended at 89 FR 20137, Mar. 21, 2024] § 300.103 Scientific research. (a) This section applies to any person, using a vessel for research purposes, who intends to catch more than 1 tonne of finfish or krill or use gear other than longline, trawl, or pot to catch Dissostichus (b) Any person planning to use a vessel for research purposes, when the estimated research catch is expected to be less than 50 tonnes of finfish in a season, and no more than the amounts specified in Table 1, must notify the Assistant Administrator at least 2 months in advance of the planned research using the CCAMLR Format for Notification of Research Vessel Activity, Format 1. A copy of the format is available from NMFS Headquarters. The format requires: (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 the Convention Area; (4) Purposes of research; and (5) Fishing equipment to be used (bottom trawl, midwater trawl, longline, crab pots, other). Table 1—Taxa-Specific Thresholds for Notification of Research Vessel Activity Taxon Gear type Expected catch Thresholds for finfish taxa: Dissostichus Longline 5 tonnes. Trawl 5 tonnes. Pot 5 tonnes. Other 0 tonnes. Champsocephalus gunnari All 10 tonnes. Thresholds for non-finfish taxa: Krill All 0.1 percent of the catch limit for a given area. Squid Crabs (c) Any person planning to use any vessel for research purposes, when the estimated research catch is expected to be more than 50 tonnes or greater than the amounts specified in Table 1 must report the details of the research plan to NMFS using CCAMLR Format 2 for Notification of Research Vessel Activity. The format must be submitted to Assistant Administrator at least 7 months in advance of the planned start date for the research. A copy of the format is available from NMFS Headquarters. The format requires: (1) Description of the main objective of the research; (2) Description of the fishery operations; (3) Description of the survey design, data collection, and analysis; (4) Proposed catch limit; (5) Description of the research capability; and (6) Description of the reporting for evaluation and review. (d) Where the expected catch is more than 50 tonnes of fish or greater than the amounts specified in Table 1, the planned fishing for research purposes shall not proceed until the Assistant Administrator authorizes the person in writing that he or she may proceed. Such authorization may be provided after completion of review of the scientific research plan by the CCAMLR Scientific Committee and Commission. (e) A summary of the results of any research subject to these provisions must be provided to the Assistant Administrator within 150 days of the completion of the research and a full report must be provided within 11 months. (f) Catch, effort, and biological data resulting from the research must be reported using the reporting format for research vessels in accordance with relevant conservation measures, with a copy to NMFS Headquarters. § 300.104 International Fisheries Trade Permits and AMLR first receiver permits. (a) General. (2) All shipments of Dissostichus Dissostichus Dissostichus (3) Imports of fresh or frozen Dissostichus (b) International Fisheries Trade Permit. (c) AMLR First Receiver Permits General. (2) Application. (3) Issuance. (4) Duration. (5) Prohibition on transfer or assignment. (6) Changes in information submitted by permit applicants or permit holders: (i) Changes in pending applications. (ii) Changes occurring after permit issuance. (7) Fees. (8) Reporting and recordkeeping requirements. (i) Accurately maintain all reports and records required by their first receiver permit and this subpart at their place of business; (ii) Maintain the original permit at their place of business; (iii) Make their permit, and all required reports and records, available for inspection upon the request of an authorized officer; and (iv) Within the time specified in the permit, submit a copy of such reports and records to NMFS at an address designated by NMFS. (d) Revision, suspension, or revocation. (e) A person may not import a marine mammal 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. § 300.105 Preapproval for importation of frozen Dissostichus (a) A NMFS-issued preapproval certificate is required to import each shipment of frozen Dissostichus (b) Application. Dissostichus (c) Fees. (d) Issuance. Dissostichus Dissostichus Dissostichus (e) Duration. (f) Transfer. (g) Changes in information. (2) For issued preapproval certificates, the certificate holder must report to NMFS any changes to information included in the preapproval certificate application. Any changes related to fish being imported, such as harvesting vessel or country of origin, type and quantity of the fish to be imported, or statistical subarea from which the resource was harvested, will void the preapproval certificate and the shipment may not be imported unless authorized by NMFS through issuance of a revised or new preapproval certificate. (3) The provision of false information in a preapproval application, or the failure to report a change in the information contained in a preapproval application, voids the application or preapproval as applicable. (h) NMFS will not issue a preapproval certificate for any shipment of Dissostichus (1) Determined to have been harvested or transshipped in contravention of any CCAMLR conservation measure in force at the time of harvest or transshipment; (2) Determined to have been taken, possessed, transported, or sold in violation of any foreign law or regulation or international agreement which is a treaty within the meaning of section II of article II of the U.S. Constitution; (3) Determined to have been taken, possessed, transported, or sold in contravention of any binding conservation measure adopted by an international agreement or organization to which the United States is a party; (4) Determined to have been harvested or transshipped by a vessel identified by CCAMLR as having engaged in illegal, unreported, and unregulated (IUU) fishing; or (5) Accompanied by inaccurate, incomplete, invalid, or improperly validated CDS documentation or by a SVDCD. [82 FR 6223, Jan. 19, 2017, as amended at 84 FR 8625, Mar. 11, 2019; 89 FR 20137, Mar. 21, 2024] § 300.106 Catch Documentation Scheme (CDS): Documentation and other requirements. (a) General. Dissostichus (2) No shipment of Dissostichus (3) Dissostichus (b) Harvesting vessels. Dissostichus (2) Prior to offloading Dissostichus (i) Electronically convey, by the most rapid means possible, catch and other information to NMFS and record on the DCD a confirmation number received from NMFS; (ii) Obtain on the DCD (or copies thereof) the signature(s) of the following persons: If catch is offloaded for transshipment, the master of the vessel(s) to which the catch is transferred; or if catch is offloaded for landing, the signature of both the responsible official(s) designated by NMFS in the vessel permit and the recipient of the catch at the port(s) of landing; and (iii) Sign the DCD (or copies thereof), electronically convey by the most rapid means possible each copy to NMFS and provide a copy to each recipient of the catch. (3) The master of the harvesting vessel must submit the original DCD (and all copies thereof with original signatures) to NMFS no later than 30 days after the end of the fishing season for which the vessel permit was issued and retain copies of the DCD for a period of 2 years. (c) Transshipment vessels. Dissostichus Dissostichus Dissostichus Dissostichus (2) Prior to landing Dissostichus (i) Obtain on each DCD (or copies thereof) the signature(s) of both the responsible official(s) designated by NMFS in the vessel permit and the recipient of the catch at the port(s) of landing; and (ii) Sign each DCD (or copies thereof), and electronically convey by the most rapid means possible each copy to NMFS and to the flag state(s) of the offloading vessel(s) and provide a copy to each recipient of Dissostichus (3) The master of the transshipping vessel must submit all DCDs with original signatures to NMFS no later than 30 days after offloading and retain copies for a period of 2 years. (d) First receivers. Dissostichus (e) Import. Dissostichus Dissostichus (i) Obtain a preapproval certificate issued under § 300.105 for each shipment. Among the information required on the application, applicants must provide the document number and export reference number on the DED or DRED corresponding to the intended import shipment and, if requested by NMFS, additional information for NMFS to verify that the harvesting vessel reported to the C-VMS continuously and in real-time, from port-to-port, regardless of where the fish were harvested; (ii) Ensure that the quantity of toothfish listed on the DED (or the Dissostichus (iii) Provide copies of the DED or DRED as needed to persons who re-export Dissostichus (2) Imports of fresh Dissostichus Dissostichus Dissostichus (f) Re-export. Dissostichus (i) Submit to NMFS a complete and accurate application for a NMFS Dissostichus (ii) Obtain validation by a responsible official(s) designated by NMFS and receive an electronically-generated DRED before re-exporting shipments of Dissostichus (2) When applying for a re-export approval, a person must reference or include the approval number issued by NOAA, for the original validated Dissostichus (3) A DRED will not be issued for any shipment of Dissostichus (i) Determined to have been harvested or transshipped in contravention of any CCAMLR conservation measure in force at the time of harvest or transshipment; (ii) Determined to have been taken, possessed, transported, or sold in violation of any foreign law or regulation or international agreement which is a treaty within the meaning of section II of article II of the U.S. Constitution; (iii) Determined to have been taken, possessed, transported, or sold in contravention of any binding conservation measure adopted by an international agreement or organization to which the United States is a party; (iv) Determined to have been harvested or transshipped by a vessel identified by CCAMLR as having engaged in illegal, unreported, and unregulated (IUU) fishing; (v) Accompanied by inaccurate, incomplete, invalid, or improperly validated CDS documentation; or (vi) Imported in violation of AMLRCA or this subpart. (g) Export. Dissostichus (i) Submit to NMFS a complete and accurate NMFS application for a DED; and (ii) Obtain validation by a responsible official(s) designated by NMFS and receive an electronically-generated DED before exporting shipments of Dissostichus (2) Any person who exports Dissostichus (3) A DED will not be issued for any shipment of Dissostichus (i) Determined to have been harvested or transshipped in contravention of a CCAMLR conservation measure, AMLRCA, or this subpart; (ii) Determined to have been taken, possessed, transported, or sold in violation of any foreign law or regulation or international agreement which is a treaty within the meaning of section II of article II of the U.S. Constitution; (iii) Determined to have been taken, possessed, transported, or sold in contravention of any binding conservation measure adopted by an international agreement or organization to which the United States is a party; (iv) Determined to have been harvested or transshipped by a vessel identified by CCAMLR as having engaged in illegal, unreported, and unregulated (IUU) fishing; or (v) Accompanied by inaccurate, incomplete, invalid, or improperly validated CDS documentation. (h) Recordkeeping. Dissostichus (1) Retain a copy of all CDS documents at the person's place of business for a period of 2 years from the date on the documents and provide copies as needed to NMFS; and (2) Make the IFTP and all CDS documents and other records and reports required by this subpart available for inspection upon request of an authorized officer. [82 FR 6223, Jan. 19, 2017, as amended at 89 FR 20137, Mar. 21, 2024] § 300.107 Vessel permits and requirements. (a) General. (1) Every vessel of the United States that attempts to harvest or harvests any AMLR must have a vessel permit authorizing the harvest issued under this subpart, unless the attempt or harvest occurs during recreational fishing or is covered by an individual permit. Boats launched from a vessel issued a vessel permit do not require a separate permit, but are covered by the permit issued to the launching vessel. Any enforcement action that results from the activities of a launched boat will be taken against the owner and operator of the launching vessel. (2) Any vessel of the United States that receives or attempts to receive any harvested AMLR from another vessel at sea, regardless of whether such transshipment occurs in the Convention Area or that receives, or attempts to receive any other goods or materials from another vessel in the Convention Area, must have a vessel permit authorizing transshipment issued under this subpart. Transshipment vessels must comply with the permitting provisions of this section. This requirement does not apply to scientific research vessels or to transshipments covered under an individual permit. (3) 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 authorized 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. (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 a vessel issued a vessel permit under this subpart must report any sale, change in ownership, or other disposition of the vessel to the Assistant Administrator as soon as possible but no later than 15 days after the change. (4) The owner and operator of a harvesting vessel issued a permit to fish for krill in the Convention Area using trawl gear must install a seal excluder device and may not possess onboard or deploy trawl gear without a seal excluder device installed. (c) Application. (1) A separate, fully completed and accurate application is required for each vessel for which a permit is requested. (2) NMFS must receive applications for vessel permits no later than April 1 for the fishing season that will commence on or after December 1 of that year. (3) Applications for a permit to harvest krill must, to the extent possible, identify the products to be derived from the anticipated krill catch. (4) NMFS will only accept permit applications for vessels that have been issued an International Maritime Organization (IMO) number. (5) NMFS may charge a fee to recover the administrative expense of permit issuance. NMFS will determine the fee in accordance with procedures in the NOAA finance handbook, available from NMFS, for calculating administrative costs of special products and services and user fees. (d) Issuance. (1) Decrease the size of any harvested population to levels below those that ensure its stable recruitment. For this purpose, the Convention provides that its size should 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 effects of the introduction of alien species, the effects of associated activities on the marine ecosystem and the effects of environmental changes, with the aim of making possible the sustained conservation of AMLRs. (4) Violate the Convention or any conservation measures in force with respect to the United States under the Convention. The Convention and the schedule of conservation measures in force can be found on the CCAMLR Web site: www.ccamlr.org. (e) Duration. (f) Transfer. (g) Display. (h) Changes in information submitted by permit applicants or holders Changes in pending applications. (2) Changes occurring after permit issuance Requested changes in the location, manner, or amount of harvesting. (ii) Changes other than in the location, manner or amount of harvesting. (i) Conditions and restrictions. (j) Revision, suspension, or revocation for violations. (k) Transshipment notification. (1) Names, registration numbers, and IMO numbers; (2) International radio call signs; (3) Flag State; (4) Type of vessels, length, gross registered tonnage and carrying capacity; (5) Proposed time and position, in latitude and longitude, of transshipment; and (6) Details of the type and amount of catches and/or other goods, such as food stores and fuel, involved in the transshipment. (l) Reporting and recordkeeping requirements. (1) Accurately maintain on board the vessel all CCAMLR reports and records required by its permit. (2) Make such reports and records available for inspection upon the request of an authorized officer or CCAMLR inspector. (3) Within the time specified in the vessel permit, submit a copy of such reports and records to NMFS. (4) Install a NMFS-approved EMTU on board U.S. flagged vessels harvesting AMLR for use in real-time C-VMS port-to-port reporting to a NMFS-designated land-based fisheries monitoring center or centers. The requirements for the installation and operation of the VMS are set forth in § 300.112. (5) Provide advance notice of the vessel's entry into port using the CCAMLR Port Inspection Report, including the written declaration that the vessel has not engaged in or supported illegal, unreported and unregulated (IUU) fishing in the Convention Area and has complied with relevant CCAMLR requirements. The CCAMLR Port Inspection Report, and instructions for its submission, is available from NMFS Headquarters. [82 FR 6223, Jan. 19, 2017, as amended at 89 FR 20137, Mar. 21, 2024] § 300.108 Vessel and gear identification. (a) Vessel identification. (2) Boats, skiffs and craft carried by the vessel for fishing operations shall bear the same mark as the vessel, except that a numerical suffix specific for the boat, skiff, or craft must follow the IRCS. (3) The vessel identification must be in a color in contrast to the background and must be permanently affixed to the vessel in block Roman alphabet letters and Arabic numerals using good quality marine paints. The letters and numbers shall be: At least 1 meter in height (h) for the IRCS placed on the hull, superstructure and/or inclined surfaces and at least 0.3 meter for marks placed on deck. The length of the hyphen shall be half the height of the letters and numbers. The width of the stroke for all letters, numbers and the hyphen shall be h/6. The space between letters and/or numbers shall not exceed h/4 nor be less than h/6. The space between adjacent letters having sloping sides ( e.g., (4) The marks and the background shall be maintained in good condition at all times. (b) Navigational lights and shapes. (c) Gear identification. (2) The operator of each harvesting vessel must ensure that deployed longlines and strings of traps or pots, and gillnets are clearly marked at all times 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 CCAMLR Conservation Measures in force with respect to the United States by any authorized officer or CCAMLR inspector. (d) Maintenance. (1) Keep the vessel and gear identification clearly legible and in good condition at all times; (2) Ensure that nothing on the vessel obstructs the view of the markings from an enforcement or inspection vessel or aircraft; and (3) Ensure that the proper navigational lights and shapes are displayed for the vessel's activity and are properly functioning. § 300.109 Initiating a new fishery. (a) A new fishery, for purposes of this section, is a fishery that uses bottom trawls on the high seas of the Convention Area or a fishery for a species, using a particular method, in a statistical subarea or division 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) Persons intending to develop a new fishery shall notify the Assistant Administrator no later than April 1 for the fishing season that will commence on or after December 1 and shall not initiate the fishery pending NMFS and CCAMLR review or until a vessel permit has been used under this subpart. (c) The notification shall be accompanied by a complete vessel permit application required under § 300.107 and information on: (1) The nature of the proposed fishery, including target species, methods of fishing, proposed region and maximum catch levels proposed for the forthcoming season; (2) Biological information on the target species from comprehensive research/survey cruises, such as distribution, abundance, demographic data and information on stock identity; (3) Details of dependent and related 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 evaluation of potential yield; and (5) If the proposed fishery will be undertaken using bottom trawl gear, the known and anticipated impacts of this gear on vulnerable marine ecosystems, including benthos and benthic communities. § 300.110 Exploratory fisheries. (a) An exploratory fishery, for purposes of this section, is a fishery that was previously defined as a new fishery under § 300.109. (b) A fishery continues to be classified by CCAMLR 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; and (3) Allow the CCAMLR Scientific Committee to formulate and provide advice to the Commission on appropriate harvest catch levels and fishing gear. (c) The operator of any vessel engaging in an exploratory fishery must submit, by the date specified in the vessel permit issued under § 300.107, 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. (d) In addition to the requirements in § 300.107, any person planning to enter an exploratory fishery must notify the Assistant Administrator no later than April 1 for the fishing season that will commence on or after December 1 and shall not enter the fishery pending NMFS and CCAMLR review or until a vessel permit has been used under this subpart. The Assistant Administrator will not issue a permit to enter an exploratory fishery until after the requirements of § 300.107 have been met and CCAMLR has considered the notification. (e) The notification shall be accompanied by a complete vessel permit application required under § 300.107 and information on: (1) The nature of the exploratory fishery, including target species, methods of fishing, proposed region and maximum catch levels proposed for the forthcoming season; (2) Specification and full description of the types of fishing gear to be used; (3) Biological information on the target species from comprehensive research/survey cruises, such as distribution, abundance, demographic data and information on stock identity; details of dependent and related species and the likelihood of their being affected by the proposed fishery; (4) Information from other fisheries in the region or similar fisheries elsewhere that may assist in the evaluation of potential yield; (5) If the proposed fishery will be undertaken using bottom trawl gear, information on the known and anticipated impacts of this gear on vulnerable marine ecosystems, including benthos and benthic communities; and (6) Any other information the Assistant Administrator requires to fully implement the relevant conservation measures. § 300.111 Scientific observers. (a) Except as otherwise specified, this section applies to both national observers and international observers, as well as to vessels of the United States carrying, or required to carry, such observers. (b) All vessels of the United States fishing in the Convention Area must carry one or more scientific observers as required by CCAMLR conservation measures or as specified in a vessel permit issued under this subpart. (c) All vessels of the United States conducting longline sink rate testing outside the Convention Area and pursuant to CCAMLR protocols must carry one or more scientific observers as specified in the vessel permit issued under this subpart. (d) Procurement of observers by vessel. (e) Vessel responsibilities. (1) Accommodations and food. (2) Safe conditions. (i) A valid Commercial Fishing Vessel Safety Decal issued within the past 2 years that certifies compliance with regulations found in 33 CFR chapter I and 46 CFR chapter I; (ii) A certificate of compliance issued pursuant to 46 CFR 28.710; or (iii) A valid certificate of inspection pursuant to 46 U.S.C. 3311. (3) Health and safety regulations. (4) Transmission of data. (5) Vessel position. (6) Access. (7) Prior notification. (8) Records. (9) Assistance. (i) Measuring decks, codends, and holding bins; (ii) Providing the observers with a safe work area adjacent to the sample collection site; (iii) Collecting bycatch when requested by the observers; (iv) Collecting and carrying baskets of fish when requested by observers; and (v) Allowing observers to determine the sex of fish when this procedure will not decrease the value of a significant portion of the catch. (10) Transfer at sea. (ii) Notify observers at least 3 hours before observers are transferred, such that the observers can collect personal belongings, equipment, and scientific samples. (iii) Provide a safe pilot ladder and conduct the transfer to ensure the safety of observers during transfers. (iv) Provide an experienced crew member to assist observers in the small boat or raft in which any transfer is made. (f) Insurance. (g) Educational requirements. (1) Have a Bachelor's degree or higher from an accredited college or university with a major in one of the natural sciences; or (2) Have successfully completed a minimum of 30 semester hours or equivalent in applicable biological sciences with extensive use of dichotomous keys in at least one course. (h) Health requirements. (i) Standards of observer conduct. (i) Must not have a direct financial interest in the fishery being observed, including but not limited to: (A) Any ownership, mortgage holder, or other secured interest in a vessel, shoreside or floating stationary processor facility involved in the catching, taking, harvesting or processing of fish; (B) Any business involved with selling supplies or services to any vessel, shoreside or floating stationary processing facility; or (C) Any business involved with purchasing raw or processed products from any vessel, shoreside or floating stationary processing facilities. (ii) Must not solicit or accept, directly or indirectly, any gratuity, gift, favor, entertainment, loan, or anything of monetary value from anyone who either conducts activities that are regulated by NMFS or has interests that may be substantially affected by the performance or nonperformance of the observers' official duties. (iii) Must not serve as observers on any vessel or at any shoreside or floating stationary processing facility owned or operated by a person who previously employed the observers. (iv) Must not solicit or accept employment as a crew member or an employee of a vessel, shoreside processor, or stationary floating processor while employed by an observer provider. (2) Provisions for remuneration of observers under this section do not constitute a conflict of interest. (j) Standards of observer behavior. (1) Avoid any behavior that could adversely affect the confidence of the public in the integrity of the CCAMLR Scheme of International Scientific Observation or of the government, including but not limited to the following: (2) Perform their assigned duties as described in the CCAMLR Scientific Observers Manual and must complete the CCAMLR Scientific Observer Logbooks and submit them to the CCAMLR Data Manager at the intervals specified by the Data Manager. (3) Accurately record their sampling data, write complete reports, and report accurately any observations of suspected violations of regulations relevant to conservation of marine resources or their environment. (4) Not disclose collected data and observations made on board the vessel or in the processing facility to any person, except the owner or operator of the observed vessel or processing facility or NMFS. (5) Refrain from engaging in any illegal actions or any other activities that would reflect negatively on their image as professional scientists, on other observers, or on the CCAMLR Scheme of International Scientific Observation as a whole. This includes, but is not limited to: (i) Refrain from engaging in the use, possession, or distribution of illegal drugs; or (ii) Refrain from engaging in physical sexual contact with personnel of the vessel or processing facility to which the observer is assigned, or with any vessel or processing plant personnel who may be substantially affected by the performance or non-performance of the observer's official duties. (k) Sampling station Minimum work space aboard at sea processing vessels. (2) Table aboard at-sea processing vessels. (3) Other requirement for at-sea processing vessels. § 300.112 Vessel monitoring system. (a) Requirement for use. Federal Register (b) Installing and activating the EMTU. (c) Interference with the EMTU. (d) Interruption of operation of the VMS. (e) Access to data. (f) Installation and operation of the VMS. § 300.113 CCAMLR Ecosystem Monitoring Program sites. (a) General. (2) If a CEMP site is also an area specially protected under the Antarctic Treaty (such as the sites listed in 45 CFR 670.29(a)), an applicant seeking to enter such site must apply to the Director of the NSF for a permit under applicable provisions of the ACA or any superseding legislation. The permit granted by NSF shall constitute a joint CEMP/ACA Protected Site permit and any person holding such a permit must comply with the appropriate CEMP site management plan. In all other cases, an applicant seeking a permit to enter a CEMP 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. (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. (1) The Antarctic Treaty as implemented by the ACA and any superseding legislation. (Persons interested in conducting activities subject to the Antarctic Treaty 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. (e) Issuance criteria. (1) The specific activities meet the requirements of the Act; (2) There is sufficient reason, established in the CEMP permit application, that the scientific purpose for the intended entry cannot be served elsewhere; and (3) The actions permitted will not violate any provisions or prohibitions of the site's management plan submitted in compliance with the CCAMLR Conservation Measure describing the procedure for according protection to CEMP sites. (f) Application process. (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 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 site's management plan. Prospective applicants may obtain copies of the relevant management plans and the CCAMLR Conservation Measure describing the procedure for according protection to CEMP sites by requesting them from NMFS Headquarters. (g) Conditions. (h) Transfer. (i) Additional conditions and restrictions. (j) Revocation or suspension. (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. (k) Exceptions. (l) Protected areas. https://www.ats.aq/e/protected.html. [82 FR 6223, Jan. 19, 2017, as amended at 89 FR 20137, Mar. 21, 2024] § 300.114 Prohibitions. In addition to the prohibitions in § 300.4, it is unlawful for any person to: (a) Harvest any AMLR without a permit for such activity as required by § 300.107. (b) Import into, or export or re-export from, the United States any AMLR: Taken by a vessel of the United States without a permit issued under this subpart or by a foreign-flagged vessel without valid authorization from the applicable flag state to harvest those resources; without accurate, complete, valid and properly validated CDS documentation as required by § 300.106; without an IFTP as required by § 300.104; or in violation of the terms and conditions for such import, export or re-export as specified on the IFTP. (c) Engage in or benefit from 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, re-export or have custody, control or possession of, any AMLR that 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 the Act, 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 or authorized officer to board a vessel of the United States or a vessel subject to the jurisdiction of the United States for the purpose of conducting any search, investigation, or 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 any CCAMLR inspector or authorized officer. (g) Refuse to sign a written notification of alleged violations of CCAMLR conservation measures in force prepared by a CCAMLR inspector. (h) Assault, resist, oppose, impede, intimidate, or interfere with a CCAMLR inspector or authorized officer in the conduct of any boarding, search, investigation, or inspection authorized by the Act, this subpart, or any permit issued under the Act. (i) Use any vessel to engage in harvesting, or receive, import, export or re-export, AMLRs 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 an area where fishing is prohibited by the Commission, other than for scientific research purposes in accordance with § 300.103. (l) Violate or attempt to violate any provision of this subpart, the Act, any other regulation promulgated under the Act or the conditions of any permit issued under the Act. (m) Provide incomplete or inaccurate information about the harvest, transshipment, landing, import, export, or re-export of applicable species on any document required under this subpart. (n) Receive AMLR from a vessel, without holding an AMLR first receiver permit as required under § 300.104, or receive AMLR from a fishing vessel that does not hold a valid vessel permit issued under § 300.107. (o) Import, export, or re-export Dissostichus (1) Harvested or transshipped in contravention of a CCAMLR conservation measure, AMLRCA, or this subpart; (2) Taken, possessed, transported, or sold in violation of: (i) Any foreign law or regulation or (ii) Any international agreement which is a treaty within the meaning of section II of article II of the U.S. Constitution; (3) Taken, possessed, transported, or sold in contravention of any binding conservation measure adopted by an international agreement or organization to which the United States is a party; (4) Harvested or transshipped by a vessel identified by CCAMLR as having engaged in illegal, unreported, and unregulated (IUU) fishing, or (5) Unaccompanied by CDS documentation, accompanied by inaccurate, incomplete, invalid, or improperly validated CDS documentation, or accompanied by a SVDCD. (p) Import shipments of frozen Dissostichus (q) Observers. (2) Interfere with or bias the sampling procedure employed by an observer, including physical, mechanical, or other sorting or discarding of catch before sampling. (3) Tamper with, destroy, or discard an observer's collected samples, equipment, records, photographic film, papers, or personal effects without the express consent of the observer. (4) Prohibit or bar by command, impediment, threat, coercion, or by refusal of reasonable assistance, an observer from collecting samples, conducting product recovery rate determinations, making observations, or otherwise performing the observer's duties. (5) Harass an observer by conduct that has sexual connotations, has the purpose or effect of interfering with the observer's work performance, or otherwise creates an intimidating, hostile, or offensive environment. (6) Fish for or process fish without observer coverage required under § 300.111. (7) Require, pressure, coerce, or threaten an observer to perform duties normally performed by crew members, including, but not limited to, cooking, washing dishes, standing watch, vessel maintenance, assisting with the setting or retrieval of gear, or any duties associated with the processing of fish, from sorting the catch to the storage of the finished product. (8) Refuse to provide appropriate assistance, including access as necessary to communications equipment, to an observer. (r) Vessel monitoring systems. (2) Fail to install, activate, repair or replace an EMTU prior to leaving port as specified in this subpart. (3) Fail to operate and maintain an EMTU on board the vessel at all times as specified in this subpart. (4) Tamper with, damage, destroy, alter, or in any way distort, render useless, inoperative, ineffective, or inaccurate the EMTU required to be installed on a vessel or the EMTU position reports transmitted by a vessel as specified in this subpart. (5) Fail to contact OLE or follow OLE instructions when automatic position reporting has been interrupted as specified in this subpart. (6) Register an EMTU to more than one vessel at the same time. (7) Connect, or leave connected, additional equipment to an EMTU without the prior approval of the OLE. (8) Make a false statement, oral or written, to an authorized officer regarding the installation, use, operation, or maintenance of an EMTU or communication service provider. (9) Fail to report to NMFS and to CCAMLR's C-VMS from port-to-port on any trip during which AMLR are, or are expected to be, harvested regardless of whether the vessel operates, or is expected to operate, inside the Convention Area. (s) Trawl for krill in Convention Area fisheries without a seal excluder device or possess trawl gear without a seal excluder device installed onboard a vessel permitted, or required to be permitted, under this subpart to harvest krill with trawl gear. (t) Harvest any AMLR in the Convention Area without a vessel permit required by this subpart. (u) Ship, transport, offer for sale, sell, purchase, import, export, re-export or have custody, control, or possession of, any frozen Dissostichus Dissostichus [82 FR 6223, Jan. 19, 2017, as amended at 89 FR 20137, Mar. 21, 2024] § 300.115 Facilitation of enforcement and inspection. In addition to the facilitation of enforcement provisions of § 300.5, the following requirements apply to this subpart. (a) Access and records. (2) The owner and operator of each harvesting vessel must provide to authorized officers and CCAMLR inspectors all records and documents pertaining to the harvesting activities of the vessel, including but not limited to production records, fishing logs, navigation logs, transfer records, product receipts, cargo stowage plans or records, draft or displacement calculations, customs documents or records, and an accurate hold plan reflecting the current structure of the vessel's storage and factory spaces. (3) Before leaving vessels that have been inspected, the CCAMLR inspector will give the master of the vessel a Certificate of Inspection and a written notification of any alleged violations of CCAMLR conservation measures in effect and will afford the master the opportunity to comment on it. The ship's master must sign the notification to acknowledge receipt and the opportunity to comment on it. (4) Any person issued a first receiver permit under this subpart, or an IFTP under § 300.322, must as a condition of that permit, allow an authorized officer access to any facility from which they engage in the first receipt, import, export or re-export of AMLR for the purpose of inspecting the facility and any fish, equipment or records therein. (b) Reports by non-inspectors. antarctica@state.gov, https://www.fisheries.noaa.gov/about/office-international-affairs-trade-and-commerce. (c) Storage of AMLR. [82 FR 6223, Jan. 19, 2017, as amended at 89 FR 20137, Mar. 21, 2024] § 300.116 Penalties. Any person or harvesting vessel found to be in violation of the Act, this subpart, or any permit issued under this subpart will be subject to the civil and criminal penalty provisions and forfeiture provisions prescribed in the Act, 15 CFR part 904, and other applicable laws. Subpart H—Vessels of the United States Fishing in Colombian Treaty Waters Authority: 16 U.S.C. 1801 et seq. § 300.120 Purpose. This subpart implements fishery conservation and management measures as provided in fishery agreements pursuant to the Treaty Between the Government of the United States of America and the Government of the Republic of Colombia Concerning the Status of Quita Sueno, Roncador and Serrana (TIAS 10120) (Treaty). § 300.121 Definitions. In addition to the terms defined in § 300.2, the Magnuson-Stevens Act, and § 600.10 of this title, and in the Treaty, the terms used in this subpart have the following meanings. If a term is defined differently in § 300.2, the Magnuson-Stevens Act, or the Treaty, the definition in this section shall apply. Conch Strombus gigas. Factory vessel Lobster (1) Smoothtail lobster, Panulirus laevicauda. (2) Caribbean spiny lobster or spiny lobster, Panulirus argus. Regional Administrator Science and Research Director Treaty waters (1) Quita Sueno, (2) Serrana, (3) Roncador, [61 FR 35550, July 5, 1996, as amended at 76 FR 59305, Sept. 26, 2011] § 300.122 Relation to other laws. (a) The relation of this subpart to other laws is set forth in § 600.705 of this title and paragraph (b) of this section. Particular note should be made to the reference in § 600.705 to the applicability of title 46 U.S.C., under which a Certificate of Documentation is invalid when the vessel is placed under the command of a person who is not a citizen of the United States. (b) Minimum size limitations for certain species, such as reef fish in the Gulf of America, may apply to vessels transiting the EEZ with such species aboard. [61 FR 35550, July 5, 1996, as amended at 90 FR 38003, Aug. 7, 2025] § 300.123 Certificates and permits. (a) Applicability. (b) Application for certificate/permit. (2) An applicant must provide the following: (i) A copy of the vessel's valid USCG certificate of documentation or, if not documented, a copy of its valid state registration certificate. (ii) Vessel name and official number. (iii) Name, address, telephone number, and other identifying information of the vessel owner or, if the owner is a corporation or partnership, of the responsible corporate officer or general partner. (iv) Principal port of landing of fish taken from treaty waters. (v) Type of fishing to be conducted in treaty waters. (vi) Any other information concerning the vessel, gear characteristics, principal fisheries engaged in, or fishing areas, as specified on the application form. (vii) Any other information that may be necessary for the issuance or administration of the permit, as specified on the application form. (c) Issuance. (i) The application is complete. (ii) The applicant has complied with all applicable reporting requirements of § 300.124 during the year immediately preceding the application. (2) Upon receipt of an incomplete application, or an application from a person who has not complied with all applicable reporting requirements of § 300.124 during the year immediately preceding the application, the Regional Administrator will notify the applicant of the deficiency. If the applicant fails to correct the deficiency within 30 days of the Regional Administrator's notification, the application will be considered abandoned. (3) The Regional Administrator will issue a permit as soon as the certificate is received from the Republic of Colombia. (d) Duration. (e) Transfer. (f) Display. (g) Sanctions and denials. (h) Alteration. (i) Replacement. (j) Change in application information. § 300.124 Recordkeeping and reporting. (a) Arrival and departure reports. (b) Catch and effort reports. § 300.125 Vessel identification. (a) Official number. (b) Duties of operator. (1) Keep the official number clearly legible and in good repair. (2) Ensure that no part of the fishing vessel, its rigging, fishing gear, or any other material aboard obstructs the view of the official number from an enforcement vessel or aircraft. § 300.126 Prohibitions. In addition to the general prohibitions specified in § 600.725 of this title and the prohibited acts specified in § 300.4, it is unlawful for any person to do any of the following: (a) Fish in treaty waters without the certificate and permit aboard, or fail to display the certificate and permit, as specified in § 300.123(a) and (f). (b) Fail to notify the Regional Administrator of a change in application information, as specified in § 300.123(j). (c) Fail to report a vessel's arrival in and departure from treaty waters, as required by § 300.124(a). (d) Falsify or fail to display and maintain vessel identification, as required by § 300.125. (e) Fail to comply immediately with instructions and signals issued by an enforcement officer of the Republic of Colombia, as specified in § 300.127. (f) Operate a factory vessel in treaty waters, as specified in § 300.130(a). (g) Use a monofilament gillnet in treaty waters, as specified in § 300.130(b). (h) Use autonomous or semi-autonomous diving equipment in treaty waters, as specified in § 300.130(c). (i) Use or possess in treaty waters a lobster trap or fish trap without a degradable panel, as specified in § 300.130(d). (j) Possess conch smaller than the minimum size limit, as specified in § 300.131(a). (k) Fish for or possess conch in the closed area or during the closed season, as specified in § 300.131(b) and (c). (l) Retain on board a berried lobster or strip eggs from or otherwise molest a berried lobster, as specified in § 300.132(a). (m) Possess a lobster smaller than the minimum size, as specified in § 300.132(b). (n) Fail to return immediately to the water unharmed a berried or undersized lobster, as specified in § 300.132(a) and (b). § 300.127 Facilitation of enforcement. (a) The provisions of § 600.730 of this title and paragraph (b) of this section apply to vessels of the United States fishing in treaty waters. (b) The operator of, or any other person aboard, any vessel of the United States fishing in treaty waters must immediately comply with instructions and signals issued by an enforcement officer of the Republic of Colombia to stop the vessel and with instructions to facilitate safe boarding and inspection of the vessel, its gear, equipment, fishing record, and catch for purposes of enforcing this subpart. § 300.128 Penalties. Any person committing or fishing vessel used in the commission of a violation of the Magnuson-Stevens Act or any regulation issued under the Magnuson-Stevens Act, is subject to the civil and criminal penalty provisions and civil forfeiture provisions of the Magnuson-Stevens Act, to part 600 of this title, to 15 CFR part 904, and to other applicable law. In addition, Colombian authorities may require a vessel involved in a violation of this subpart to leave treaty waters. § 300.129 Fishing year. The fishing year for fishing in treaty waters begins on January 1 and ends on December 31. § 300.130 Vessel and gear restrictions. (a) Factory vessels. (b) Monofilament gillnets. (c) Tanks and air hoses. (d) Trap requirements. (e) Poisons and explosives. § 300.131 Conch harvest limitations. (a) Size limit. (b) Closed area. (c) Closed season. § 300.132 Lobster harvest limitations. (a) Berried lobsters. (b) Size limit. Subpart I—United States-Canada Fisheries Enforcement Authority: 16 U.S.C. 1801 et seq. § 300.140 Purpose and scope. This subpart implements the Agreement Between the Government of the United States of America and the Government of Canada on Fisheries Enforcement executed at Ottawa, Canada, on September 26, 1990 (Agreement), allowing each party to the Agreement to take appropriate measures, consistent with international law, to prevent its nationals, residents and vessels from violating those national fisheries laws and regulations of the other party. This subpart applies, except where otherwise specified in this subpart, to all persons and all places (on water and on land) subject to the jurisdiction of the United States under the Magnuson-Stevens Act. This includes, but is not limited to, activities of nationals, residents and vessels of the United States (including the owners and operators of such vessels) within waters subject to the fisheries jurisdiction of Canada as defined in this subpart, as well as on the high seas and in waters subject to the fisheries jurisdiction of the United States. § 300.141 Definitions. In addition to the terms defined in § 300.2 and those in the Magnuson-Stevens Act and the Agreement, the terms used in this subpart have the following meanings. If a term is defined differently in § 300.2, the Magnuson-Stevens Act, or the Agreement, the definition in this section applies. Applicable Canadian fisheries law Authorized officer of Canada Canadian fishing vessel (1) That is registered or licensed in Canada under the Canada Shipping Act and is owned by one or more persons each of whom is a Canadian citizen, a person resident and domiciled in Canada, or a corporation incorporated under the laws of Canada or of a province, having its principal place of business in Canada; or (2) That is not required by the Canada Shipping Act to be registered or licensed in Canada and is not registered or licensed elsewhere but is owned as described in paragraph (1) of this definition. Waters subject to the fisheries jurisdiction of Canada § 300.142 Prohibitions. The prohibitions in this section apply within waters subject to the fisheries jurisdiction of Canada and during hot pursuit therefrom by an authorized officer of Canada. It is unlawful for any national or resident of the United States, or any person on board a vessel of the United States, or the owner or operator of any such vessel, to do any of the following: (a) Engage in fishing in waters subject to the fisheries jurisdiction of Canada without the express authorization of the Government of Canada. (b) Take or retain fish in waters subject to the fisheries jurisdiction of Canada without the express authorization of the Government of Canada. (c) Be on board a fishing vessel in waters subject to the fisheries jurisdiction of Canada, without stowing all fishing gear on board either: (1) Below deck, or in an area where it is not normally used, such that the gear is not readily available for fishing; or (2) If the gear cannot readily be moved, in a secured and covered manner, detached from all towing lines, so that it is rendered unusable for fishing; unless the vessel has been authorized by the Government of Canada to fish in the particular location within waters subject to the fisheries jurisdiction of Canada in which it is operating. (d) While on board a fishing vessel in waters subject to the fisheries jurisdiction of Canada, fail to respond to any inquiry from an authorized officer of Canada regarding the vessel's name, flag state, location, route or destination, and/or the circumstances under which the vessel entered such waters. (e) Violate the Agreement, any applicable Canadian fisheries law, or the terms or conditions of any permit, license or any other authorization granted by Canada under any such law. (f) Fail to comply immediately with any of the enforcement and boarding procedures specified in § 300.143. (g) Destroy, stave, or dispose of in any manner, any fish, gear, cargo or other matter, upon any communication or signal from an authorized officer of Canada, or upon the approach of such an officer, enforcement vessel or aircraft, before the officer has had the opportunity to inspect same, or in contravention of directions from such an officer. (h) Refuse to allow an authorized officer of Canada to board a vessel for the purpose of conducting any inspection, search, seizure, investigation or arrest in connection with the enforcement of any applicable Canadian fisheries law. (i) Assault, resist, oppose, impede, intimidate, threaten, obstruct, delay, prevent, or interfere, in any manner, with an authorized officer of Canada in the conduct of any boarding, inspection, search, seizure, investigation or arrest in connection with the enforcement of any applicable Canadian fisheries law. (j) Make any false statement, oral or written, to an authorized officer of Canada in response to any inquiry by that officer in connection with enforcement of any applicable Canadian fisheries law. (k) Falsify, cover, or otherwise obscure, the name, home port, official number (if any), or any other similar marking or identification of any fishing vessel subject to this subpart such that the vessel cannot be readily identified from an enforcement vessel or aircraft. (l) Attempt to do any of the foregoing. § 300.143 Facilitation of enforcement. (a) General. (b) Canadian signals. (1) Authorized officers of Canada use the following signals to require fishing vessels to stop or heave to: (i) The hoisting of a rectangular flag, known as the International Code Flag “L”, which is divided vertically and horizontally into quarters and colored so that: (A) The upper quarter next to the staff and the lower quarter next to the fly are yellow; and (B) The lower quarter next to the staff and the upper quarter next to the fly are black; (ii) The flashing of a light to indicate the International Morse Code letter “L”, consisting of one short flash, followed by one long flash, followed by two short flashes (. — . .); or (iii) The sounding of a horn or whistle to indicate the International Morse Code letter “L”, consisting of one short blast, followed by one long blast, followed by two short blasts (. — . .). (2) Authorized officers of Canada use the following signals to require a fishing vessel to prepare to be boarded: (i) The hoisting of flags representing the International Code Flag “SQ3”; or (ii) The flashing of a light, or the sounding of a horn or whistle, to indicate the International Morse Code Signal “SQ3” (. . . — — . — . . . — —). § 300.144 Penalties and sanctions. Any person, any fishing vessel, or the owner or operator of any such vessel, who violates any provision of the Agreement or this subpart, is subject to the civil and criminal fines, penalties, forfeitures, permit sanctions, or other sanctions provided in the Magnuson-Stevens Act, part 600 of this title, 15 CFR part 904 (Civil Procedures), and any other applicable law or regulation. Subpart J—U.S. Nationals Fishing in Russian Fisheries Authority: 16 U.S.C. 1801 et seq. § 300.150 Purpose. This subpart regulates U.S. nationals fishing in the Russian fisheries and implements the Agreement between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics on Mutual Fisheries Relations, signed May 31, 1988. § 300.151 Definitions. In addition to the terms defined in § 300.2 and those in the Magnuson-Stevens Act, the terms used in this subpart have the following meanings. If a term is defined differently in § 300.2 or the Magnuson-Stevens Act, the definition in this section shall apply. Affiliates (1) One indirectly or directly controls or has power to control the other; or (2) A third party controls or has power to control both. Indicia of control include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, or a reorganized entity having the same or similar management, ownership, or employees as a former entity. Agreement Embassy of the Russian Federation Fishery resource Fishing to fish Operator, Owner, Processing Regional Administrator Relevant laws and regulations of the Russian Federation Russian Federation Russian continental shelf continental shelf of Russia Russian Economic Zone Russian EZ Russian Federation Russia Russian fisheries, Russian fishery resources, fishery resources over which Russia exercises sovereign rights or fishery management authority Scouting Support (1) Transferring or transporting fish or fish products; or (2) Supplying a fishing vessel with water, fuel, provisions, fishing equipment, fish processing equipment, or other supplies. [61 FR 35550, July 5, 1996, as amended at 76 FR 59305, Sept. 26, 2011] § 300.152 Procedures. (a) Application for annual permits. (b) Other application information. (c) Review of Applications. (d) Direct Communication. § 300.153 Permit issuance. (a) Acceptance. (b) Copies. (c) Validity. (1) A completed permit application has been forwarded to the competent authorities of the Russian Federation as provided in § 300.152(b)(1). (2) Such application has been approved and a permit issued by the competent authorities of the Russian Federation as provided in paragraph (a) of this section. (3) The U.S. Department of State has notified the competent authorities of the Russian Federation that it has accepted the conditions and restrictions as provided in paragraph (a) of this section. The permit will be rendered invalid by: The transfer or sale of the permit specified in paragraph (a) of this section; the failure to submit to NMFS any changes in permit application information as required by paragraph (a) of this section; failure to submit to NMFS any permit copy required by paragraph (b) of this section or any other information or report required by any other provision of this subpart; or the failure to pay required permit fees. (d) Russian-imposed sanctions. (2) In the case of arrest and seizure of a U.S. vessel by Russian authorities, notification will be given promptly through diplomatic channels informing the United States of the facts and actions taken. (3) The Russian Federation will release U.S. vessels and their crews promptly, subject to the posting of reasonable bond or other security. (4) The sanctions for violations of limitations or restrictions on fishing operations will be appropriate fines, penalties, forfeitures, or revocations or suspensions of fishing privileges. § 300.154 Recordkeeping and reporting. (a) General. (b) Vessel permit abstract report. (i) Vessel name. (ii) Russian Federation permit number. (iii) Duration of permit (e.g., 1/1/91-12/31/91). (iv) Authorized areas of fishing operations in geographic coordinates. (v) Authorized catch quota in tons. (vi) Authorized fishing gear. (vii) Type of permit (e.g., catcher). (2) The report must be faxed to (301) 713-2313 within 5 calendar days of receipt of the Russian permit. (c) Activity reports. (1) Depart Report (i) The date (month and day), and time (hour and minute GMT), and position (latitude and longitude to the nearest degree and minute), at which the vessel will depart the EEZ for the Russian EZ. (ii) The weight in metric tons (to the nearest hundredth of a metric ton) of all fish and fish product (listed by species and product codes) on board the vessel at the time it will depart the EEZ. (2) Return Report (Action code RETURN). (i) The date (month and day), time (hour and minute GMT), and position (latitude and longitude to the nearest degree and minute), at which the vessel will enter the EEZ. (ii) The weight in metric tons (to the nearest hundredth of a metric ton) of all fish and fish products (listed by species and product codes) on board the vessel at the time it will enter the EEZ, and the areas (Russian EZ, U.S. EEZ, or other) in which such fish products were harvested or received. (3) All reports must specify: The appropriate action code (“DEPART” or “RETURN”); the vessel's name and international radio call sign (IRCS); the sender's name and telephone number, and FAX, TELEX, and COMSAT numbers; the date (month and day) and time (hour and minute GMT) that the report is submitted to NMFS; and the intended date and U.S. port of landing. A list of species and product codes may be obtained from the Regional Administrator. (d) Recordkeeping. [61 FR 35550, July 5, 1996, as amended at 76 FR 59305, Sept. 26, 2011] § 300.155 Requirements. (a) Compliance with permit requirements. (2) U.S. nationals and vessels subject to this subpart that are fishing for Russian fishery resources must comply with all provisions, conditions, and restrictions of any applicable permit. (b) Compliance with Russian law. (c) Protection of marine mammals. et seq. (d) Cooperation with enforcement procedures. (2) The operator of, and any person aboard, any U.S. vessel subject to this subpart, must comply with directions issued by authorized officers of the Russian Federation in connection with the seizure of the vessel for violation of the relevant laws or regulations of the Russian Federation. (3) U.S. nationals and vessels subject to this subpart must pay all fines and penalties and comply with forfeiture sanctions imposed by the Russian Federation for violations of its relevant laws and regulations. (4) The operator of, and any person aboard, any U.S. vessel subject to this subpart must immediately comply with instructions and signals issued by an authorized officer of the United States to stop the vessel and with instructions to facilitate safe boarding and inspection of the vessel, its gear, equipment, fishing records, and catch for purposes of enforcing the Magnuson-Stevens Act, the Agreement, and this subpart. (e) Compliance with observer requirements. (1) Allow and facilitate, on request, boarding of a U.S. vessel by the observer. (2) Provide to the observer, at no cost to the observer or the Russian Federation, the courtesies and accommodations provided to ship's officers. (3) Cooperate with the observer in the conduct of his or her official duties. (4) Reimburse the Russian Federation for the costs of providing an observer aboard the vessel. § 300.156 Prohibited acts. In addition to the prohibited acts specified at § 300.4, it shall be unlawful for any U.S. national or vessel, or the owner or operator of any such vessel: (a) To fish for Russian fishery resources without a valid permit issued by the competent authorities of the Russian Federation. (b) To violate the provisions, conditions, and restrictions of an applicable permit. (c) To violate the relevant laws and regulations of Russia. (d) To harass, hunt, capture, or kill any marine mammal within the Russian EZ, or while fishing for Russian fishery resources, except as provided in § 300.155 (c). (e) To fail to comply immediately with enforcement and boarding procedures specified in § 300.155 (d). (f) To refuse to allow an authorized officer of the Russian Federation to board and inspect a vessel subject to this subpart for purposes of conducting any search, inspection, arrest, or seizure in connection with the enforcement of the relevant laws and regulations of the Russian Federation. (g) To assault, resist, oppose, impede, intimidate, threaten, or interfere with, in any manner, any authorized officer of the Russian Federation in the conduct of any search, inspection, seizure, or arrest in connection with enforcement of the relevant laws and regulations of the Russian Federation. (h) To fail to pay fines or penalties or comply with forfeitures imposed for a violation of the relevant laws and regulations of the Russian Federation. (i) To refuse or fail to allow a Russian observer to board a vessel subject to this subpart while fishing in the Russian EZ, or for Russian fishery resources. (j) To fail to provide to a Russian observer aboard a vessel fishing in the Russian EZ or for Russian fishery resources, the courtesies and accommodations provided to ship's officers. (k) To assault, resist, oppose, impede, intimidate, threaten, interfere with, harass, or fail to cooperate, in any manner, with a Russian observer placed aboard a vessel subject to this subpart. (l) To fail to reimburse the Russian Federation for the costs incurred in the utilization of Russian observers placed aboard such vessel. (m) To possess, have custody or control of, ship, transport, offer for sale, sell, purchase, transship, import, export, or traffic in any manner, any fish or parts thereof taken or retained, landed, purchased, sold, traded, acquired, or possessed, in any manner, in violation of the relevant laws and regulations of the Russian Federation, the Magnuson-Stevens Act, or this subpart. (n) To enter the Russian EZ to fish unless a permit application has been submitted through NMFS to the competent authorities of the Russian Federation by the U.S. Department of State for such vessel as provided in this subpart. (o) To fish for Russian fisheries or to possess fish taken in Russian fisheries on board a vessel subject to this subpart without a valid permit or other valid form of authorization issued by the competent authorities of the Russian Federation on board the vessel. (p) To falsify, or fail to report to NMFS, any change in the information contained in a permit application subject to this subpart within 7 calendar days of such change. (q) To attempt to do, cause to be done, or aid and abet in doing, any of the foregoing. (r) To violate any other provision of this subpart. § 300.157 Penalties. In addition to any fine, penalty, or forfeiture imposed by the Russian Federation, nationals and vessels of the United States violating the prohibitions of § 300.156 are subject to the fines, penalties, and forfeitures and the adjudicative procedures provided in the Magnuson-Stevens Act, 16 U.S.C. 1858, 1860, 1861, and any other applicable laws and regulations of the United States. Subpart K—Transportation and Labeling of Fish or Wildlife Authority: 16 U.S.C. 3371-3378. § 300.160 Requirement for marking of containers or packages. Except as otherwise provided in this subpart, all persons are prohibited from importing, exporting, or transporting in interstate commerce any container or package containing any fish or wildlife (including shellfish) unless each container or package is conspicuously marked on the outside with both the name and address of the shipper and consignee and an accurate list of its contents by species and number of each species. § 300.161 Alternatives and exceptions. (a) The requirements of § 300.160 may be met by complying with one of the following alternatives to the marking requirement: (1)(i) Conspicuously marking the outside of each container or package containing fish or wildlife with the word “fish” or “wildlife” as appropriate for its contents, or with the common name of its contents by species, and (ii) Including an invoice, packing list, bill of lading, or similar document to accompany the shipment that accurately states the name and address of the shipper and consignee, states the total number of packages or containers in the shipment, and for each species in the shipment specifies: The common name that identifies the species (examples include: chinook (or king) salmon; bluefin tuna; and whitetail deer); and the number of that species (or other appropriate measure of quantity such as gross or net weight). The invoice, packing list, bill of lading, or equivalent document must be securely attached to the outside of one container or package in the shipment or otherwise physically accompany the shipment in a manner that makes it readily accessible for inspection; or (2) Affixing the shipper's wildlife import/export license number preceded by “FWS” on the outside of each container or package containing fish or wildlife if the shipper has a valid wildlife import/export license issued under authority of part 14 of this title. For each shipment marked in accordance with this paragraph (a)(2), the records maintained under § 14.93(d) of this title must include a copy of the invoice, packing list, bill of lading, or other similar document that accurately states the information required by paragraph (a)(1)(ii) of this section. (3) In the case of subcontainers or packages within a larger packing container, only the outermost container must be marked in accordance with this section, provided, that for live fish or wildlife that are packed in subcontainers within a larger packing container, if the subcontainers are numbered or labeled, the packing list, invoice, bill of lading, or other similar document, must reflect that number or label. (4) A conveyance (truck, plane, boat, etc.) is not considered a container for purposes of requiring specific marking of the conveyance itself, provided that: (i) The fish or wildlife within the conveyance is carried loosely or is readily identifiable, and is accompanied by the document required by paragraph (a)(1)(ii) of this section; or (ii) The fish or wildlife is otherwise packaged and marked in accordance with this subpart. (b) The requirements of § 300.160 of chapter III of this title do not apply to containers or packages containing— (1) Fox, nutria, rabbit, mink, chinchilla, marten, fisher, muskrat, and karakul that have been bred and born in captivity, or their products, if a signed statement certifying that the animals were bred and born in captivity accompanies the shipping documents; (2) Fish or shellfish contained in retail consumer packages labeled pursuant to the Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq.; (3) Fish or shellfish that are landed by, and offloaded from, a fishing vessel (whether or not the catch has been carried by the fishing vessel interstate), as long as the fish or shellfish remain at the place where first offloaded. Subpart L—Pacific Albacore Tuna Fisheries Authority: Sec. 401, Pub. L. 108-219, 118 Stat. 616 (16 U.S.C. 1821 note). Source: 69 FR 31535, June 4, 2004, unless otherwise noted. § 300.170 Purpose and scope. The regulations in this subpart govern fishing by U.S. vessels in waters under the fisheries jurisdiction of Canada pursuant to the 1981 Treaty Between the Government of the United States of America and the Government of Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges as amended in 2002. Regulations governing fishing by Canadian vessels in waters under the fisheries jurisdiction of the United States pursuant to this Treaty as amended in 2002 are found at § 600.530 of chapter VI of this title. § 300.171 Definitions. In addition to the definitions in the Magnuson-Stevens Fishery Conservation and Management Act and § 600.10 of Chapter VI of this title, the terms used in this subpart have the following meanings: Fishing under the Treaty as amended in 2002 Regional Administrator Reporting Office Treaty § 300.172 Vessel list. The “vessel list” is the list of U.S. vessels that are authorized to fish under the Treaty as amended in 2002. Only a vessel on the list for at least 7 days may engage in fishing in Canadian waters under the Treaty as amended in 2002. The owner of any U.S. vessel that wishes to be eligible to fish for albacore tuna under the Treaty as amended in 2002 must provide the Regional Administrator or his designee with the vessel name, the owner's name and address, phone number where the owner can be reached, the USCG documentation number (or state registration number if not documented), and vessel operator (if different from the owner) and his or her address and phone number. On the date that NMFS receives a request that includes all the required information, NMFS will place the vessel on the annual vessel list. NMFS will notify fishermen by a confirmation letter or email of the date the vessel was placed on the list. Because the vessel list will revert to zero vessels on December 31 of each year, the required information must be provided in the manner specified on an annual basis. [72 FR 19123, Apr. 17, 2007] § 300.173 Vessel identification. Each U.S. vessel fishing under the Treaty must be marked for identification purposes, as follows: (a) A vessel used to fish on the high seas within the Convention Area as defined in § 300.211 must be marked in accordance with the requirements at §§ 300.14 and 300.217. (b) A vessel not used to fish on the high seas within the Convention Area as defined in § 300.211 must be marked in accordance with either: (1) Sections 300.14 and 300.217, or (2) The vessel's name and U.S. Coast Guard Documentation number (or if not documented, the state registration number) followed by the letter U must be prominently displayed where they are clearly visible both from the air and from a surface vessel. Numerals and the letter U must meet the size requirements of § 660.704 of this title. Markings must be legible and of a color that contrasts with the background. [76 FR 73520, Nov. 29, 2011] § 300.174 Logbook reports. The owner of any U.S. vessel that fishes for albacore tuna in Canadian waters under the Treaty as amended in 2002 must maintain and submit to the Regional Administrator a logbook of catch and effort of such fishing. The logbook form will be provided to the vessel owner as soon as practicable after the request to be placed on the list of vessels. The logbook must be submitted to the Regional Administrator within 15 days of the end of a trip, regardless of whether the trip ends by reentry to U.S. waters or entry to Canada's territorial sea, other Canadian waters in which fishing is not permitted, or a Canadian port. If the departure is due to exit to the high seas, the vessel operator must submit the logbook within 7 days of its next landing. § 300.175 Hail-in and hail-out reports. (a) The operator of any U.S. vessel that wishes to engage in fishing in waters under the fisheries jurisdiction of Canada must file a hail-in report to the Reporting Office at least 24 hours prior to engaging in fishing in such waters. (b) The operator of a U.S. vessel that has been fishing under the Treaty as amended in 2002 must file a hail-out report to the Reporting Office within 24 hours of departing waters under the fisheries jurisdiction of Canada. § 300.176 Prohibitions. It is prohibited for the owner or operator of a U.S. fishing vessel to: (a) Engage in fishing in waters under the fisheries jurisdiction of Canada if: (1) The vessel has not been on the list of fisheries pursuant to § 300.172 for at least 7 days; (2) The vessel is not clearly marked as required under § 300.173; (3) The vessel operator has not filed a hail-in report with the Reporting Office as required under § 300.175(a); or (4) The Regional Administrator has announced that the U.S. limit on fishing under the Treaty as amended in 2002 has been reached. (b) Fail to maintain and submit logbook records of catch and effort statistics as required under § 300.174; (c) Fail to report an exit from waters under the fisheries jurisdiction of Canada as required by § 300.175(b). Subpart M—International Trade Documentation and Tracking Programs for Highly Migratory Species Authority: 16 U.S.C. 951-961 and 971 et seq.; et seq. Source: 69 FR 67277, Nov. 17, 2004, unless otherwise noted. § 300.180 Purpose and scope. The regulations in this subpart are issued under the authority of the Atlantic Tunas Convention Act of 1975 (ATCA), Tuna Conventions Act of 1950, and Magnuson-Stevens Act. The regulations implement the recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT) for the conservation and management of tuna and tuna-like species in the Atlantic Ocean and of the Inter-American Tropical Tuna Commission (IATTC) for the conservation and management of highly migratory fish resources in the Eastern Tropical Pacific Ocean, so far as they affect vessels and persons subject to the jurisdiction of the United States. § 300.181 Definitions. Atlantic bluefin tuna Thunnus thynnus Automated Commercial Environment (ACE) Automated Export System (AES) BCD tag Bigeye tuna Thunnus obesus Bluefin Tuna Catch Document (BCD) BSD tag CBP CCSBT Consignment document Consignment documentation programs Customs territory of the United States Dealer tag Document Imaging System (DIS) eBCD eBCD system Entered for consumption Entry for consumption Entry number Export Exportation Exporter Finlet Fish or fish products regulated under this subpart IATTC ICCAT Import Importer Insular possession of the United States or U.S. insular possession Intermediate country International Fisheries Trade Permit (IFTP) or trade permit IOTC Pacific bluefin tuna Thunnus orientalis Permit holder, Re-export Required data set RFMO Separate customs territory of a U.S. insular possession Shark fin Southern bluefin tuna Thunnus maccoyii Statistical document Statistical document program Swordfish Xiphias gladius Tag [61 FR 35550, July 5, 1996, as amended at 73 FR 31385, June 2, 2008; 81 FR 18799, Apr. 1, 2016; 81 FR 51134, Aug. 3, 2016] § 300.182 International fisheries trade permit. An importer, entering for consumption any fish or fish products regulated under this subpart, harvested from any ocean area, into the United States, or an exporter exporting or re-exporting such product, must possess a valid International Fisheries Trade Permit (IFTP) issued under § 300.322. [81 FR 51134, Aug. 3, 2016] § 300.183 Permit holder reporting and recordkeeping requirements. (a) Biweekly reports. (1) The report required to be submitted under this paragraph (a) must be received within 10 days after the end of each biweekly reporting period in which fish or fish products regulated under this subpart except shark fins were entered for consumption, exported, or re-exported. The bi-weekly reporting periods are the first day to the 15 th th (2) Each report must specify accurately and completely the requested information for each consignment of fish or fish products regulated under this subpart, except shark fins, that is entered for consumption, exported, or re-exported. (3) A biweekly report is not required for export consignments of bluefin tuna when the information required on the biweekly report has been previously supplied on a biweekly report submitted under § 635.5(b)(2)(i)(B) of this title. The person required to obtain a trade permit under § 300.322 must retain, at his/her principal place of business, a copy of the biweekly report which includes the required information and is submitted under § 635.5(b)(2)(i)(B) of this title, for a period of 2 years from the date on which each report was submitted to NMFS. (b) Recordkeeping. (c) Other requirements. (d) Inspection. (e) Applicability of reporting and recordkeeping requirements. [73 FR 31385, June 2, 2008, as amended at 81 FR 51134, Aug. 3, 2016] § 300.184 Species subject to permitting, documentation, reporting, and recordkeeping requirements. (a) Except as noted in paragraphs (b) and (c) of this section, the following fish or fish products are subject to the documentation requirements of this subpart, regardless of ocean area of catch, and must be reported under the appropriate heading or subheading numbers from the Harmonized Tariff Schedule of the United States (HTS): (1) Bluefin tuna, (2) Southern bluefin tuna, (3) Frozen bigeye tuna, (4) Swordfish, and (5) Shark fins. (b) For bluefin tuna, southern bluefin tuna, frozen bigeye tuna, and swordfish, fish parts other than meat ( e.g., (c) Bigeye tuna caught by purse seiners or pole and line (bait) vessels and destined for canneries within the United States, including all U.S. commonwealths, territories, and possessions, may be imported without the documentation required under this subpart. [81 FR 51135, Aug. 3, 2016] § 300.185 Documentation, reporting and recordkeeping requirements for consignment documents and re-export certificates. (a) Imports Applicability of requirements. (2) Documentation requirements. e.g., (ii) Bluefin tuna: (A) Imports that were re-exported from another nation must also be accompanied by an original, complete, accurate, approved and properly validated, species-specific re-export certificate. ( 1 Federal Register ( 2 1 (B) Bluefin tuna, imported into the Customs territory of the United States or entered for consumption into the separate customs territory of a U.S. insular possession, from a country requiring a BCD tag on all such bluefin tuna available for sale, must be accompanied by the appropriate BCD tag issued by that country, and said BCD tag must remain on any bluefin tuna until it reaches its final import destination. If the final import destination is the United States, which includes U.S. insular possessions, the BCD tag must remain on the bluefin tuna until it is cut into portions. If the bluefin tuna portions are subsequently packaged for domestic commercial use or re-export, the BCD tag number and the issuing country must be written legibly and indelibly on the outside of the package. (iii) Fish or fish products regulated under this subpart other than bluefin tuna and shark fins: (A) Imports that were previously re-exported and were subdivided or consolidated with another consignment before re-export, must also be accompanied by an original, completed, accurate, valid, approved and properly validated, species-specific re-export certificate. An image of such document, an image of the original import document, and the required data set must be filed electronically with CBP via ACE. (B) Imports that have been previously re-exported from another nation must have the intermediate importer's certification of the original statistical document completed. (iv) Consignment documents must be validated as specified in § 300.187 by an authorized government official of the flag country whose vessel caught the fish (regardless of where the fish are first landed). Re-export certificates must be validated by an authorized government official of the re-exporting country. For electronically generated Atlantic bluefin tuna catch documents, validation must be electronic using the ICCAT eBCD system. (v) A permit holder may not accept an import without the completed consignment document or re-export certificate as described in paragraphs (a)(2)(i) through (iv) of this section. (vi) For fish or fish products, except shark fins, regulated under this subpart that are entered for consumption, the permit holder must provide correct and complete information, as requested by NMFS, on the original consignment document that accompanied the consignment. (A) For Atlantic bluefin tuna, this information must be provided electronically in the ICCAT eBCD system, unless NMFS provides otherwise through actual notice or Federal Register (B) For non-Atlantic bluefin tuna, this information must be provided on the original paper consignment document that accompanied the consignment. (3) Reporting requirements. (ii) For Atlantic bluefin tuna, this requirement must be satisfied electronically by entering the specified information into the ICCAT eBCD system as directed in paragraph (a)(2)(vi)(A) of this section, unless NMFS provides otherwise through actual notice or Federal Register (b) Exports Applicability of requirements. (2) Documentation requirements. (i) For Atlantic bluefin tuna, this requirement must be satisfied by electronic completion of a consignment document in the ICCAT eBCD system, unless NMFS provides otherwise through actual notice or Federal Register (ii) For non-Atlantic bluefin tuna, this requirement must be satisfied by completion of a paper consignment document, and electronic filing of an image of such documentation and the required data set with CBP via AES. (3) Reporting requirements. (ii) For Atlantic bluefin tuna, this requirement must be satisfied electronically by entering the specified information into the eBCD system as directed in paragraph (b)(2)(i) of this section, unless NMFS provides otherwise through actual notice or Federal Register (c) Re-exports Applicability of requirements. (2) Documentation requirements. (A) For Atlantic bluefin tuna, these requirements must be satisfied by electronic completion of a re-export certificate in the ICCAT eBCD system, unless NMFS provides otherwise through actual notice or Federal Register (B) For non-Atlantic bluefin tuna, these requirements must be satisfied by completion of a paper re-export certificate, and electronic filing of an image of such documentation and the required data set with CBP via AES. (ii) If a consignment of fish or fish products regulated under this subpart, except bluefin tuna or shark fins, that was previously entered for consumption as described in paragraph (c)(1) of this section is not subdivided into sub-consignments or consolidated with other consignments or parts thereof, for each such re-export consignment, a permit holder must complete the intermediate importer's certification on the original consignment document and note the entry number previously issued by CBP for the consignment at the top of the document. Such re-exports do not need a re-export certificate and the re-export does not require validation. An electronic image of the consignment document with the completed intermediate importer's certification and the required data set must be filed electronically with CBP via AES at the time of re-export. (iii) Re-export certificates must be validated, as specified in § 300.187, by NMFS or another official authorized by NMFS. A list of such officials may be obtained by contacting NMFS. A permit holder requesting validation for re-exports should notify NMFS as soon as possible to avoid delays in inspection and validation of the re-export shipment. Electronic re-export certificates created for Atlantic bluefin tuna using the ICCAT eBCD system will be validated electronically. (3) Reporting requirements. (ii) For Atlantic bluefin tuna, this requirement must be satisfied electronically by entering the specified information into the ICCAT eBCD system as directed in paragraph (c)(2)(i)(A) of this section, unless NMF provides otherwise through actual notice or Federal Register (d) Document completion. (e) Recordkeeping. (f) Inspection. [69 FR 67277, Nov. 17, 2004, as amended at 71 FR 58163, Oct. 2, 2006; 73 FR 31386, June 2, 2008; 74 FR 66586, Dec. 16, 2009; 81 FR 18799, Apr. 1, 2016; 81 FR 51135, Aug. 3, 2016] § 300.186 Completed and approved documents. (a) NMFS-approved forms. (b) Nationally approved forms from other countries. www.iccat.org www.iattc.org www.ccsbt.org www.iotc.org. [61 FR 35550, July 5, 1996, as amended at 73 FR 31388, June 2, 2008; 81 FR 18800, Apr. 1, 2016] § 300.187 Validation requirements. (a) Imports. (b) Exports. (c) Re-exports. (d) Validation waiver. (e) Authorization for non-NMFS validation. (f) BCD tags. (1) Issuance. (2) Transfer. (3) Affixing BCD tags. (4) Removal of tags. (5) Labeling. (6) Reuse. [61 FR 35550, July 5, 1996, as amended at 73 FR 31388, June 2, 2008; 81 FR 18801, Apr. 1, 2016] § 300.188 Ports of entry. NMFS shall monitor the importation of fish or fish products regulated under this subpart into the United States. If NMFS determines that the diversity of handling practices at certain ports at which fish or fish products regulated under this subpart are being imported into the United States allows for circumvention of the consignment document requirement, NMFS may undertake a rulemaking to designate, after consultation with the CBP, those ports at which fish or fish products regulated under this subpart from any ocean area may be imported into the United States. [73 FR 31388, June 2, 2008] § 300.189 Prohibitions. In addition to the prohibitions specified in § 300.4, and §§ 600.725 and 635.71 of this title, it is unlawful for any person subject to the jurisdiction of the United States to violate any provision of this part, the Atlantic Tunas Convention Act, the Magnuson-Stevens Act, the Tuna Conventions Act of 1950, or any other rules promulgated under those Acts. It is unlawful for any person or vessel subject to the jurisdiction of the United States to: (a) Falsify information required on an application for a permit submitted under § 300.322. (b) Import as an entry for consumption, purchase, receive for export, export, or re-export any fish or fish product regulated under this subpart without a valid trade permit issued under § 300.322. (c) Fail to possess, and make available for inspection, a trade permit at the permit holder's place of business, or alter any such permit as specified in § 300.322. (d) Falsify or fail to record, report, or maintain information required to be recorded, reported, or maintained, as specified in § 300.183 or § 300.185. (e) Fail to allow an authorized agent of NMFS to inspect and copy reports and records, as specified in § 300.183 or § 300.185. (f) Fail to comply with the documentation requirements as specified in § 300.185, § 300.186 or § 300.187, for fish or fish products regulated under this subpart that are imported, entered for consumption, exported, or re-exported. (g) Fail to comply with the documentation requirements as specified in § 300.186, for the importation, entry for consumption, exportation, or re-exportation of an Atlantic swordfish, or part thereof, that is less than the minimum size. (h) Validate consignment documents or re-export certificates without authorization as specified in § 300.187. (i) Validate consignment documents or re-export certificates as provided for in § 300.187 with false information. (j) Remove any NMFS-issued numbered tag affixed to any Pacific bluefin tuna or any tag affixed to a bluefin tuna imported from a country with a BCD tag program before removal is allowed under § 300.187; fail to write the tag number on the shipping package or container as specified in § 300.187; or reuse any NMFS-issued numbered tag affixed to any Pacific bluefin tuna, or any tag affixed to a bluefin tuna imported from a country with a BCD tag program, or any tag number previously written on a shipping package or container as prescribed by § 300.187. (k) Import, or attempt to import, any fish or fish product regulated under this subpart in a manner inconsistent with any ports of entry designated by NMFS as authorized by § 300.188. (l) Ship, transport, purchase, sell, offer for sale, import, enter for consumption, export, re-export, or have in custody, possession, or control any fish or fish product regulated under this subpart that was imported, entered for consumption, exported, or re-exported contrary to this subpart. (m) Fail to electronically file via ACE a validated consignment document and the required data set for imports at time of entry into the Customs territory of the United States of fish or fish products regulated under this subpart except shark fins, regardless of whether the importer, exporter, or re-exporter holds a valid trade permit issued pursuant to § 300.322 or whether the fish products are imported as an entry for consumption. (n) Import or accept an imported consignment of fish or fish products regulated under this subpart, except shark fins, without an original, complete, accurate, approved and properly validated, species-specific consignment document and re-export certificate (if applicable) with the required information and exporter's certification completed. [61 FR 35550, July 5, 1996, as amended at 73 FR 31388, June 2, 2008; 81 FR 51136, Aug. 3, 2016] Subpart N—Identification and Certification of Nations Authority: 16 U.S.C. 1826d et seq. Source: 76 FR 2024, Jan. 12, 2011, unless otherwise noted. § 300.200 Purpose and scope. The purpose of this subpart is to implement the requirements in the High Seas Driftnet Fishing Moratorium Protection Act (“Moratorium Protection Act”) to identify and certify nations whose vessels engaged in illegal, unreported, or unregulated fishing; whose fishing activities result in bycatch of protected living marine resources; or whose vessels engaged in fishing activities or practices on the high seas that target or incidentally catch sharks where the nation has not adopted a regulatory program for the conservation of sharks, comparable in effectiveness to that of the United States, taking into account different conditions. This language applies to vessels entitled to fly the flag of the nation in question. Where the Secretary of Commerce determines that an identified nation has not taken the necessary actions to warrant receipt of a positive certification, the Secretary of Commerce may recommend to the President that the United States prohibit the importation of certain fish and fish products from the identified nation or other measures. The Secretary of Commerce will recommend to the President appropriate measures, including trade restrictive measures, to be taken against identified nations that have not received a positive certification, to address the fishing activities or practices for which such nations were identified in the biennial report. The Secretary of Commerce will make such a recommendation on a case-by-case basis in accordance with international obligations, including the World Trade Organization (WTO) Agreement. The Moratorium Protection Act also authorizes cooperation and assistance to nations to take action to combat illegal, unreported, or unregulated fishing, reduce bycatch of protected living marine resources, and achieve shark conservation. [78 FR 3342, Jan. 16, 2013] § 300.201 Definitions. For the purposes of the Moratorium Protection Act: Bycatch Fishing vessel (1) Fishing; or (2) Any activity relating to fishing, including, but not limited to, preparation, supply, storage, refrigeration, transportation, or processing, bunkering or purchasing catch, or aiding or assisting one or more vessels at sea in the performance of such activity. Illegal, unreported, or unregulated (IUU) fishing (1) In the case of parties to an international fishery management agreement to which the United States is a party, fishing activities that violate conservation and management measures required under an international fishery management agreement to which the United States is a party, including but not limited to catch limits or quotas, capacity restrictions, bycatch reduction requirements, shark conservation measures, and data reporting; (2) In the case of non-parties to an international fishery management agreement to which the United States is a party, fishing activities that would undermine the conservation of the resources managed under that agreement; (3) Overfishing of fish stocks shared by the United States, for which there are no applicable international conservation or management measures, or in areas with no applicable international fishery management organization or agreement, that has adverse impacts on such stocks; or, (4) Fishing activity that has a significant adverse impact on seamounts, hydrothermal vents, cold water corals and other vulnerable marine ecosystems located beyond any national jurisdiction, for which there are no applicable conservation or management measures or in areas with no applicable international fishery management organization or agreement. (5) Fishing activities by foreign flagged vessels in U.S. waters without authorization of the United States. International agreement International fishery management agreement International fishery management organization Protected living marine resources (PLMRs) [76 FR 2024, Jan. 12, 2011, as amended at 78 FR 3342, Jan. 16, 2013] § 300.202 Identification and certification of nations engaged in illegal, unreported, or unregulated fishing activities. (a) Procedures to identify nations whose fishing vessels are engaged in IUU fishing (2) When determining whether to identify a nation as having fishing vessels engaged in IUU fishing, NMFS will take into account all relevant matters, including but not limited to the history, nature, circumstances, extent, duration, and gravity of the IUU fishing activity in question, and any measures that the nation has implemented to address the IUU fishing activity. NMFS will also take into account whether an international fishery management organization exists with a mandate to regulate the fishery in which the IUU activity in question takes place. If such an organization exists, NMFS will consider whether the relevant international fishery management organization has adopted measures that are effective at addressing the IUU fishing activity in question and, if the nation whose fishing vessels are engaged, or have been engaged, in IUU fishing is a party to, or maintains cooperating status with, the organization. NMFS will also take into account any actions taken or on-going proceedings by the United States and/or flag State to address the IUU fishing activity of concern as well as the effectiveness of such actions. (b) Notification of nations identified as having fishing vessels engaged in IUU fishing. (1) Notify nations that have been identified in the biennial report as having fishing vessels that are currently engaged, or were engaged at any point during the preceding two calendar years, in IUU fishing activities; (2) Notify identified nations of the requirements under the Moratorium Protection Act and this subpart; and (3) Notify any relevant international fishery management organization of actions taken by the United States to identify nations whose fishing vessels are engaged in IUU fishing and initiate consultations with such nations. (c) Consultation with nations identified as having fishing vessels engaged in IUU fishing. (d) Procedures to certify nations identified as having fishing vessels engaged in IUU fishing. (1) The Secretary of Commerce shall issue a positive certification to an identified nation upon making a determination that such nation has taken appropriate corrective action to address the activities for which such nation has been identified in the biennial report to Congress. When making such determination, the Secretary shall take into account the following: (i) Whether the government of the nation identified pursuant to paragraph (a) of this section has provided evidence documenting that it has taken corrective action to address the IUU fishing activity described in the biennial report; (ii) Whether the relevant international fishery management organization has adopted and, if applicable, the identified member nation has implemented and is enforcing, measures to effectively address the IUU fishing activity of the identified nation's fishing vessels described in the biennial report; (iii) Whether the United States has taken enforcement action to effectively address the IUU fishing activity of the identified nation described in the biennial report; and (iv) Whether the identified nation has cooperated in any action taken by the United States to address the IUU fishing activity described in the biennial report. (2) Prior to a formal certification determination, nations will be provided with preliminary certification determinations and an opportunity to support and/or refute the preliminary determinations and communicate any corrective actions taken to address the activities for which such nations were identified. The Secretary of Commerce shall consider any information received during the course of these consultations when making the subsequent certification determinations. [76 FR 2024, Jan. 12, 2011, as amended at 78 FR 3343, Jan. 16, 2013] § 300.203 Identification and certification of nations engaged in bycatch of protected living marine resources. (1) NMFS will identify and list, in the biennial report to Congress nations— (i) whose fishing vessels are engaged, or have been engaged during the preceding calendar year prior to publication of the biennial report to Congress, in fishing activities or practices either in waters beyond any national jurisdiction that result in bycatch of a PLMR, or in waters beyond the U.S. EEZ that result in bycatch of a PLMR that is shared by the United States; (ii) if the nation is a party to or maintains cooperating status with the relevant international organization with jurisdiction over the conservation and protection of the relevant PLMRs, or a relevant international or regional fishery organization, and the organization has not adopted measures to effectively end or reduce bycatch of such species; and (iii) the nation has not implemented measures designed to end or reduce such bycatch that are comparable in effectiveness to U.S. regulatory requirements, taking into account different conditions that could bear on the feasibility and efficacy of comparable measures. (2) When determining whether to identify nations as having fishing vessels engaged in PLMR bycatch, NMFS will take into account all relevant matters including, but not limited to, the history, nature, circumstances, extent, duration, and gravity of the bycatch activity in question. (3) NMFS will also examine whether the nation has implemented measures designed to end or reduce such bycatch that are comparable in effectiveness to U.S. regulatory requirements. In considering whether a nation has implemented measures that are comparable in effectiveness to those of the United States, NMFS will evaluate if different conditions exist that could bear on the feasibility and efficiency of such measures to end or reduce bycatch of the pertinent PLMRs. (b) Notification of nations identified as having fishing vessels engaged in PLMR bycatch. (c) Consultations and negotiations. (1) Initiate consultations within 60 days after submission of the biennial report to Congress with the governments of identified nations for the purposes of encouraging adoption of a regulatory program for protected living marine resources that is comparable in effectiveness to that of the United States, taking into account different conditions, and establishment of a management plan that assists in the collection of species-specific data; (2) Seek to enter into bilateral and multilateral treaties with such nations to protect the PLMRs from bycatch activities described in the biennial report; and (3) Seek agreements through the appropriate international organizations calling for international restrictions on the fishing activities or practices described in the biennial report that result in bycatch of PLMRs and, as necessary, request the Secretary of State to initiate the amendment of any existing international treaty to which the United States is a party for the protection and conservation of the PLMRs in question to make such agreements consistent with this subpart. (d) International cooperation and assistance. (1) Provide appropriate assistance to nations identified by the Secretary under paragraph (a) of this section and international organizations of which those nations are members to assist those nations in qualifying for a positive certification under paragraph(e) of this section; (2) Undertake, where appropriate, cooperative research activities on species assessments and improved bycatch mitigation techniques, with those nations or organizations; (3) Encourage and facilitate the transfer of appropriate technology to those nations or organizations to assist those nations in qualifying for positive certification under paragraph (e) of this section; and (4) Provide assistance to those nations or organizations in designing and implementing appropriate fish harvesting plans. (e) Procedures to certify nations identified as having fishing vessels engaged in PLMR bycatch. (i) Such nation has provided evidence documenting its adoption of a regulatory program to end or reduce bycatch of such PLMRs that is comparable in effectiveness to regulatory measures required under U.S. law to address bycatch in the relevant fisheries, taking into account different conditions that could bear on the feasibility and efficacy of these measures, and which, in the case of an identified nation with fishing vessels engaged in pelagic longline fishing, includes the mandatory use of circle hooks, careful handling and release equipment, training and observer programs; and (ii) Such nation has established a management plan that will assist in the collection of species-specific data on PLMR bycatch to support international stock assessments and conservation efforts for PLMRs. (2) Nations will be notified prior to a formal certification determination and will be provided with an opportunity to support and/or refute preliminary certification determinations, and communicate any corrective actions taken to address the activities for which such nations were identified. The Secretary of Commerce shall consider any information received during the course of these consultations when making the subsequent certification determinations. [76 FR 2024, Jan. 12, 2011, as amended at 78 FR 3343, Jan. 16, 2013] § 300.204 Identification and certification of nations whose vessels are engaged in shark catch. (a) Procedures to identify nations if fishing vessels of that nation are engaged in fishing activities or practices in waters beyond any national jurisdiction that target or incidentally catch sharks during the preceding calendar year. (i) Whose fishing vessels are engaged, or have been engaged during the calendar year prior to publication of the biennial report to Congress, in fishing activities or practices in waters beyond any national jurisdiction that target or incidentally catch sharks; and (ii) Where that nation has not adopted a regulatory program to provide for the conservation of sharks, including measures to prohibit removal of any of the fins of a shark (including the tail) and discard the carcass of the shark at sea, that is comparable in effectiveness to that of the United States, taking into account different conditions, including conditions that could bear on the feasibility and effectiveness of measures. (2) When determining whether to identify nations for these activities, NMFS will take into account all relevant matters including, but not limited to, the history, nature, circumstances, duration, and gravity of the fishing activity of concern. (b) Notification of nations identified as having fishing vessels engaged in fishing activities or practices that target or incidentally catch sharks. (c) Consultations and negotiations. (1) Initiate consultations within 60 days after submission of the biennial report to Congress with the governments of identified nations for the purposes of encouraging adoption of a regulatory program for the conservation of sharks that is comparable in effectiveness to that of the United States, taking into account different conditions, and establishment of a management plan that assists in the collection of species-specific data; (2) Seek to enter into bilateral and multilateral treaties or other arrangements with such nations to protect sharks; and (3) Seek agreements through the appropriate international organizations calling for international restrictions on the fishing activities or practices described in the biennial report and, as necessary, request the Secretary of State to initiate the amendment of any existing international treaty to which the United States is a party for the conservation of sharks to make such agreements consistent with this subpart. (d) International Cooperation and Assistance. (1) Provide appropriate assistance to nations identified by the Secretary under paragraph (a) of this section and international organizations of which those nations are members to assist those nations in qualifying for a positive certification under paragraph (e) of this section; (2) Undertake, where appropriate, cooperative research activities on species assessments and harvesting techniques aimed at mitigating or eliminating the non-target catch of sharks, with those nations or organizations; (3) Encourage and facilitate the transfer of appropriate technology to those nations or organizations to assist those nations in qualifying for positive certification under paragraph (e) of this section; and (4) Provide assistance to those nations or organizations in designing, implementing, and enforcing appropriate fish harvesting plans for the conservation and sustainable management of sharks. (e) Procedures to certify nations identified as having fishing vessels engaged in fishing activities or practices that target or incidentally catch sharks. (1) Such nation has provided evidence documenting its adoption of a regulatory program for the conservation of sharks that is comparable in effectiveness to regulatory measures required under U.S. law in the relevant fisheries, taking into account different conditions, including conditions that could bear on the feasibility and effectiveness of measures; and such nation has established a management plan that will assist in the collection of species-specific data on sharks to support international stock assessments and conservation efforts for sharks. (2) Prior to a formal certification determination, nations will be provided with preliminary certification determinations, and an opportunity to support and/or refute the preliminary determinations, and communicate actions taken to adopt a regulatory program that is comparable in effectiveness to that of the United States, taking into account different conditions. The Secretary of Commerce shall consider any relevant information received during consultations when making its formal certification determination. [78 FR 3343, Jan. 16, 2013] § 300.205 Effect of certification. (a) If a nation identified under § 300.202(a), § 300.203(a), or § 300.204(a) does not receive a positive certification under this subpart ( i.e., (1) Withhold or revoke the clearance required by section 91 of the appendix to Title 46 for the fishing vessels of such nation; and (2) Deny entry to the fishing vessels of such nation to any place in the United States and to the navigable waters of the United States. (b) Upon notification and any recommendations by the Secretary of Commerce to the President that an identified nation has failed to receive a positive certification, the President is authorized to direct the Secretary of the Treasury to prohibit the importation of certain fish and fish products from such nation (see § 300.206). (c) Any action recommended under paragraph (b) of this section shall be consistent with international obligations, including the WTO Agreement. (d) If certain fish and fish products are prohibited from entering the United States, within six months after the imposition of the prohibition, the Secretary of Commerce shall determine whether the prohibition is insufficient to cause that nation to effectively address the IUU fishing, bycatch, or shark catch described in the biennial report, or that nation has retaliated against the United States as a result of that prohibition. The Secretary of Commerce shall certify to the President each affirmative determination that an import prohibition is insufficient to cause a nation to effectively address such IUU fishing activity, bycatch, or shark catch or that a nation has taken retaliatory action against the United States. This certification is deemed to be a certification under section 1978(a) of Title 22, which provides that the President may direct the Secretary of the Treasury to prohibit the bringing or the importation into the United States of any products from the offending country for any duration as the President determines appropriate and to the extent that such prohibition is sanctioned by the World Trade Organization. (e) Duration of certification. (f) Consultations. [78 FR 3344, Jan. 16, 2013] § 300.206 Denial of port privileges and import restrictions on fish or fish products. (a) Scope of applicability. (2) For nations identified in the previous biennial report under § 300.202(a) that are not positively certified in the current biennial report, the Secretary of Commerce shall so notify and make recommendations to the President, who is authorized to direct the Secretary of Treasury to impose import prohibitions with respect to fish and fish products from those nations. Such a recommendation would address the relevant fishing activities or practices for which such nations were identified in the biennial report. Such import prohibitions, if implemented, would apply to fish and fish products managed under an applicable international fishery agreement. If there is no applicable international fishery agreement, such prohibitions, if implemented, would only apply to fish and fish products caught by vessels engaged in illegal, unreported, or unregulated fishing. For nations identified under § 300.203(a) or § 300.204(a) that are not positively certified, the Secretary of Commerce shall so notify and make recommendations to the President, who is authorized to direct the Secretary of Treasury to impose import prohibitions with respect to fish and fish products from those nations; such prohibitions would only apply to fish and fish products caught by the vessels engaged in the relevant activity for which the nation was identified. (3) Any action recommended under paragraph (a)(2) shall be consistent with international obligations, including the WTO Agreement. (b) Imposition of import restrictions Notification. (2) Certification of admissibility. Federal Register (3) Effective date of import restrictions. (4) Removal of negative certifications and import restrictions. [76 FR 2024, Jan. 12, 2011. Redesignated and amended at 78 FR 3343, 3345, Jan. 16, 2013] § 300.207 Alternative procedures for nations identified as having vessels engaged in IUU fishing activities that are not certified in this subpart. (a) These certification procedures may be applied to fish or fish products from a vessel of a harvesting nation that has been identified under § 300.202 in the event that the Secretary cannot reach a certification determination for that nation by the time of the next biennial report. These procedures shall not apply to fish or fish products from identified nations that have received either a negative or a positive certification under this subpart. (b) Consistent with paragraph (a) of this section, the Secretary of Commerce may allow entry of fish or fish products on a shipment-by-shipment, shipper-by-shipper, or other basis if the Secretary determines that: (1) The vessel has not engaged in IUU fishing under an international fishery management agreement to which the U.S. is a party; or (2) The vessel is not identified by an international fishery management organization as participating in IUU fishing activities. (c) In addition to any other import documentation requirements that otherwise apply, fish and fish products offered for entry under this section must be accompanied by certification of admissibility, for which a form is available from NMFS. The certification of admissibility must be properly completed and signed by a duly authorized official of the identified nation and must be validated by a responsible official(s) designated by NMFS. The certification must also be signed by the importer of record and submitted to NMFS in a format (electronic facsimile (fax), the Internet, etc.) specified by NMFS. (d) Any action recommended under this section shall be consistent with international obligations, including the WTO Agreement. [76 FR 2024, Jan. 12, 2011. Redesignated and amended at 78 FR 3343, 3345, Jan. 16, 2013] § 300.208 Alternative procedures for nations identified as having vessels engaged in bycatch of PLMRs that are not certified in this subpart. (a) These certification procedures may be applied to fish or fish products from a vessel of a harvesting nation that has been identified under § 300.203 in the event that the Secretary cannot reach a certification determination for that nation by the time of the next biennial report. These procedures shall not apply to fish or fish products from identified nations that have received either a negative or a positive certification under this subpart. (b) Consistent with paragraph (a) of this section, the Secretary of Commerce may allow entry of fish or fish products on a shipment-by-shipment, shipper-by-shipper, or other basis if the Secretary determines that imports were harvested by practices that do not result in bycatch of a protected marine species, or were harvested by practices that— (1) Are comparable to those of the United States, taking into account different conditions, and which, in the case of pelagic longline fisheries, the regulatory program of an identified nation includes mandatory use of circle hooks, careful handling and release equipment, and training and observer programs; and (2) Include the gathering of species specific data that can be used to support international and regional assessments and conservation efforts for protected living marine resources. (c) In addition to any other import documentation requirements that otherwise apply, fish and fish products offered for entry under this section must be accompanied by certification of admissibility, for which a form is available from NMFS. The certification of admissibility must be properly completed and signed by a duly authorized official of the identified nation and must be validated by a responsible official(s) designated by NMFS. The certification must also be signed by the importer of record and submitted to NMFS in a format (electronic facsimile (fax), the Internet, etc.) specified by NMFS. (d) Any action recommended under this section shall be consistent with international obligations, including the WTO Agreement. [76 FR 2024, Jan. 12, 2011. Redesignated and amended at 78 FR 3343, 3345, Jan. 16, 2013] § 300.209 Alternative procedures for nations identified as having vessels engaged in shark catch that are not certified in this subpart. (a) These certification procedures may be applied to fish and fish products from a vessel of a harvesting nation that has been identified under § 300.204 in the event that the Secretary cannot reach a certification determination for that nation by the time of the next biennial report. These procedures shall not apply to fish and fish products from identified nations that have received either a negative or a positive certification under this subpart. (b) Consistent with paragraph (a) of this section, the Secretary of Commerce may allow entry of fish and fish products on a shipment-by-shipment, shipper-by-shipper, or other basis if the Secretary determines that imports were harvested by fishing activities or practices that do not target or incidentally catch sharks, or were harvested by practices that— (1) Are comparable to those of the United States, taking into account different conditions; and (2) Include the gathering of species specific shark data that can be used to support international and regional assessments and conservation efforts for sharks. (c) In addition to any other import documentation requirements that otherwise apply, fish and fish products offered for entry under this section must be accompanied by certification of admissibility, for which a form is available from NMFS. The certification of admissibility must be properly completed and signed by a duly authorized official of the identified nation and validated by a responsible official(s) designated by NMFS. The certification must also be signed by the importer of record and submitted to NMFS in a format (electronic facsimile (fax), the Internet, etc.) specified by NMFS. (d) Any action recommended under this section shall be consistent with international obligations, including the WTO Agreement. [78 FR 3346, Jan. 16, 2013] Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species Source: 74 FR 38554, Aug. 4, 2009, unless otherwise noted. Authority: 16 U.S.C. 6901 et seq. § 300.210 Purpose and scope. This subpart implements provisions of the Western and Central Pacific Fisheries Convention Implementation Act (Act) and applies to persons and vessels subject to the jurisdiction of the United States. § 300.211 Definitions. In addition to the terms defined in § 300.2 and those in the Act and in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, with Annexes (WCPF Convention), which was adopted at Honolulu, Hawaii, on September 5, 2000, by the Multilateral High-Level Conference on Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, the terms used in this subpart have the following meanings. 1982 Convention Active FAD Aggregate or summary form Areas under the national jurisdiction of the Parties to the Nauru Agreement Commercial, Commission Confidential information Conservation and management measure Convention Area Cooperating Non-Member Eastern High Seas Special Management Area Effort Limit Area for Purse Seine, ELAPS, Fish aggregating device, FAD, Fishing (1) Searching for, catching, taking, or harvesting fish; (2) Engaging in any other activity which can reasonably be expected to result in the locating, catching, taking, or harvesting of fish for any purpose; (3) Placing, searching for, or recovering fish aggregating devices or associated electronic equipment such as radio beacons; (4) Engaging in any operations at sea directly in support of, or in preparation for, any of the activities previously described in paragraphs (1) through (3) of this definition, including, but not limited to, bunkering; (5) Engaging in transshipment at sea, either unloading or loading fish. Fishing day Fishing trip Fishing vessel Hawaiian Archipelago High seas High seas fishing permit Highly migratory species (or HMS) Common name Scientific name Albacore Thunnus alalunga. Pacific bluefin tuna Thunnus orientalis. Southern bluefin tuna Thunnus maccoyii. Bigeye tuna Thunnus obesus. Skipjack tuna Katsuwonus pelamis. Yellowfin tuna Thunnus albacares. Little tuna Euthynnus affinis. Frigate mackerel Auxis thazard; Auxis rochei. Pomfrets Family Bramidae. Marlins Tetrapturus angustirostris; Tetrapturus audax; Makaira mazara; Makaira indica; Makaira nigricans. Sail-fishes Istiophorus platypterus. Swordfish Xiphias gladius. Dolphinfish Coryphaena hippurus; Coryphaena equiselis. Oceanic sharks Hexanchus griseus; Cetorhinus maximus; Rhincodon typus Longline gear Marine Fisheries Commission Member of the Commission Net sharing NOAA Observer employer/observer provider Observer information Overlap Area Pacific Islands Regional Administrator Parties to the Nauru Agreement www.pnatuna.com. Person Purse seine Special Agent-In-Charge (or SAC) pidvms@noaa.gov, State Transshipment Vessel monitoring system (or VMS) VMS unit, WCPFC Area Endorsement WCPF Convention WCPFC inspection vessel (1) Authorized by a member of the Commission to be used to undertake boarding and inspection of fishing vessels on the high seas pursuant to, and in accordance with, Article 26 of the WCPF Convention and procedures established by the Commission pursuant thereto; (2) Included in the Commission's register of authorized inspection vessels and authorities or inspectors, established by the Commission in procedures pursuant to Article 26 of the WCPF Convention; and (3) Flying the WCPFC inspection flag established by the Commission. WCPFC inspector WCPFC Interim Register of Non-Member Carrier and Bunker Vessels http://www.wcpfc.int/. WCPFC observer WCPFC Record of Fishing Vessels http://www.wcpfc.int/. WCPFC transshipment monitor [72 FR 18405, Apr. 12, 2007, as amended at 74 FR 64010, Dec. 7, 2009; 75 FR 3347, Jan. 21, 2010; 77 FR 71509, Dec. 3, 2012; 78 FR 30778, May 23, 2013; 79 FR 64110, Oct. 28, 2014; 80 FR 8815, Feb. 19, 2015; 80 FR 59047, Oct. 1, 2015; 83 FR 33869, July 18, 2018; 85 FR 37388, June 22, 2020] § 300.212 Vessel permit endorsements. (a) Any fishing vessel of the United States used for commercial fishing for HMS on the high seas in the Convention Area must have on board a valid high seas fishing permit, or a copy thereof, that has a valid WCPFC Area Endorsement, or a copy thereof. (b) Eligibility. (c) Application. (2) The owner or operator of a high seas fishing vessel may apply for a WCPFC Area Endorsement by completing an application form, available from the Pacific Islands Regional Administrator, and submitting the complete and accurate application, signed by the applicant, to the Pacific Islands Regional Administrator, along with the required fees. (3) The application must be accompanied by a bow-to-stern side-view photograph of the vessel in its current form and appearance. The photograph must meet the specifications prescribed on the application form and clearly show that the vessel is marked in accordance with the vessel identification requirements of § 300.217. (d) Fees. (e) Issuance. (2) If an incomplete or improperly completed application is submitted, the Pacific Islands Regional Administrator will notify the applicant of such deficiency within 30 days of the date of receipt of the application. If the applicant fails to correct the deficiency and send a complete and accurate application to the Pacific Islands Regional Administrator within 30 days of the date of the notification of deficiency, the application will be considered withdrawn and no further action will be taken to process the application. Following withdrawal, the applicant may at any time submit a new application for consideration. (f) Validity. (g) Change in application information. (h) Transfer. (i) Display. [75 FR 3349, Jan. 21, 2010] § 300.213 Vessel information. (a) The owner or operator of any fishing vessel of the United States that is used for fishing for HMS in the Convention Area in waters under the jurisdiction of any nation other than the United States must, prior to the commencement of such fishing, submit to the Pacific Islands Regional Administrator information about the vessel and its ownership and operation, and the authorized fishing activities, including copies of any permits, licenses, or authorizations issued for such activities, as specified on forms available from the Pacific Islands Regional Administrator. The owner or operator of such a fishing vessel must also submit to the Pacific Islands Regional Administrator a bow-to-stern side-view photograph of the vessel in its current form and appearance, and the photograph must meet the specifications prescribed on the application form. If any of the submitted information changes, the vessel owner or operator must report the updated information to the Pacific Islands Regional Administrator in writing within 15 days of the change. (b) If any of the information or the vessel photograph required under paragraph (a) of this section has been submitted for the subject vessel on an application for a high seas fishing permit or an application for a WCPFC Area Endorsement, then the requirements of paragraph (a) of this section will be deemed satisfied. However, in order to satisfy this requirement, the high seas fishing permit or WCPFC Area Endorsement must be valid, the information provided must be true, accurate and complete, and in the case of a vessel photograph, it must meet the specifications prescribed on the form used for the purpose of submitting the photograph under this section. [75 FR 3349, Jan. 21, 2010] § 300.214 Compliance with laws of other nations. (a) The owner and operator of a fishing vessel of the United States with a WCPFC Area Endorsement or for which a WCPFC Area Endorsement is required: (1) May not use the vessel for fishing, retaining fish on board, or landing fish in areas under the jurisdiction of a nation other than the United States unless any license, permit, or other authorization that may be required by such other nation for such activity has been issued with respect to the vessel. (2) Shall, when the vessel is in the Convention Area in areas under the jurisdiction of a member of the Commission other than the United States, operate the vessel in compliance with, and ensure its crew complies with, the applicable national laws of such member. (b) The owner and operator of a fishing vessel of the United States shall ensure that: (1) The vessel is not used for fishing for HMS, retaining HMS on board, or landing HMS in the Convention Area in areas under the jurisdiction of a nation other than the United States unless any license, permit, or other authorization that may be required by such other nation for such activity has been issued with respect to the vessel. (2) If the vessel is used for commercial fishing for HMS, including transshipment of HMS, in the Convention Area in areas under the jurisdiction of a member of the Commission other than the United States, the vessel is operated in compliance with, and the vessel crew complies with, the applicable laws of such member, including any laws related to carrying vessel observers or the operation of VMS units. (c) For the purpose of this section, the meaning of transshipment does not include transfers that exclusively involve fish that have been previously landed and processed. [75 FR 3349, Jan. 21, 2010] § 300.215 Observers. (a) Applicability. (1) Any fishing vessel of the United States with a WCPFC Area Endorsement. (2) Any fishing vessel of the United States for which a WCPFC Area Endorsement is required. (3) Any fishing vessel of the United States used for commercial fishing that receives or offloads in the Convention Area a transshipment of HMS at sea. (b) Notifications. (2) In order to obtain a WCPFC observer on a fishing trip departing from American Samoa, the owner or operator of a fishing vessel of the United States equipped with purse seine gear shall provide the Pacific Islands Regional Administrator with the following information before departure on the fishing trip, at least five days (exclusive of weekends and Federal holidays) before the owner or operator of the fishing vessel's intended departure: The name of the vessel; name of the operator of the vessel; a telephone number or email at which the owner or operator may be contacted; and the intended departure date. This information shall be provided to the address specified by the Pacific Islands Regional Administrator. (c) Accommodating observers. (2) Fishing vessels specified in paragraph (a)(3) of this section must carry an observer when required to do so under paragraph (d) of this section, except for within the Overlap Area. The operator and each member of the crew of the fishing vessel shall act in accordance with paragraphs (c)(3), (4), and (5) of this section, as applicable, with respect to any WCPFC observer. (3) The operator and crew shall allow and assist WCPFC observers to: (i) Embark at a place and time determined by NMFS or otherwise agreed to by NMFS and the vessel operator; (ii) Have access to and use of all facilities and equipment as necessary to conduct observer duties, including, but not limited to: Full access to the bridge, the fish on board, and areas which may be used to hold, process, weigh and store fish; full access to the vessel's records, including its logs and documentation, for the purpose of inspection and copying; access to, and use of, navigational equipment, charts and radios; and access to other information relating to fishing; (iii) Remove samples; (iv) Disembark at a place and time determined by NMFS or otherwise agreed to by NMFS and the vessel operator; and (v) Carry out all duties safely. (4) The operator shall provide the WCPFC observer, while on board the vessel, with food, accommodation and medical facilities of a reasonable standard equivalent to those normally available to an officer on board the vessel, at no expense to the WCPFC observer. (5) The operator and crew shall not assault, obstruct, resist, delay, refuse boarding to, intimidate, harass or interfere with WCPFC observers in the performance of their duties, or attempt to do any of the same. (d) Transshipment observer coverage Receiving vessels. (i) The vessel is less than or equal to 33 meters in registered length, the transshipment does not include any fish caught by purse seine gear, the transshipment does not include any frozen fish caught by longline gear, and, during the transshipment, there is a WCPFC observer on board the vessel that offloads the transshipment; (ii) The transshipment takes place entirely within the territorial seas or archipelagic waters of any nation, as defined by the domestic laws and regulations of that nation and recognized by the United States, or entirely within the Overlap Area, and only includes fish caught in such waters; or (iii) The transshipment is an emergency, as specified under § 300.216(b)(4); or (iv) The Pacific Islands Regional Administrator has by temporary specification published in the Federal Register (2) Offloading vessels. (i) The vessel that receives the transshipment has a WCPFC observer on board; (ii) The vessel that receives the transshipment is greater than 33 meters in registered length; (iii) The transshipment includes fish caught by purse seine gear; (iv) The transshipment includes frozen fish caught by longline gear; (v) The transshipment takes place entirely within the territorial seas or archipelagic waters of any nation, as defined by the domestic laws and regulations of that nation and recognized by the United States, or entirely within the Overlap Area, and only includes fish caught in such waters; or (vi) The transshipment is an emergency, as specified under § 300.216(b)(4); or (vii) The Pacific Islands Regional Administrator has by temporary specification published in the Federal Register (e) Related observer requirements. (f) Observer safety. (1) The owner or operator of a fishing vessel of the United States shall immediately report the serious illness that threatens the health or safety of a WCPFC observer to the U.S Government contact on the list provided by the Pacific Islands Regional Administrator at https://www.fisheries.noaa.gov/pacific-islands/commercial-fishing/western-and-central-pacific-longline-and-purse-seine-vessels (i) Immediately cease fishing operations; (ii) Take all reasonable actions to care for the observer and provide any medical treatment available and possible on board the vessel, and where appropriate seek external medical advice; (iii) Where directed by the observer provider, if not already directed by the appropriate U.S. Government contact, facilitate the disembarkation and transport of the observer to a medical facility equipped to provide the required care, as soon as practicable; and (iv) Cooperate fully in any official investigations into the cause of the illness. (2) In the event that a WCPFC observer on a fishing vessel of the United States has been assaulted, intimidated, threatened, or harassed, the owner or operator of the fishing vessel shall immediately notify the U.S. Government contact and observer program contact on the list provided by the Pacific Islands Regional Administrator at https://www.fisheries.noaa.gov/pacific-islands/commercial-fishing/western-and-central-pacific-longline-and-purse-seine-vessels (i) Immediately take action to preserve the safety of the observer and mitigate and resolve the situation on board; (ii) If the observer or the observer provider indicate that they wish to be removed from the vessel, facilitate the safe disembarkation of the observer in a manner and place, as agreed by the observer provider and a U.S. Government contact, that facilitates access to any needed medical treatment; and (iii) Cooperate fully in any official investigations into the incident. [77 FR 71509, Dec. 3, 2012, as amended at 85 FR 37388, June 22, 2020; 86 FR 31180, June 11, 2021; 86 FR 35658, July 7, 2021] § 300.216 Transshipping, bunkering and net sharing. (a) Transshipment monitoring. (b) Restrictions on transshipping and bunkering Restrictions on transshipments involving purse seine fishing vessels. (ii) Fish caught in the Convention Area may not be transshipped from a fishing vessel of the United States equipped with purse seine gear at sea, and a fishing vessel of the United States may not be used to receive a transshipment of fish caught in the Convention Area from a fishing vessel equipped with purse seine gear at sea. (iii) The restrictions in paragraphs (b)(1)(i) and (ii) of this section shall not apply to transshipments that are subject to a modification or suspension issued by the Pacific Islands Regional Administrator and published in the Federal Register (2) Restrictions on at-sea transshipments. Federal Register (i) The owner and operator of a fishing vessel of the United States used for commercial fishing that offloads or receives a transshipment of HMS at sea in the Convention Area must ensure that a WCPFC observer is on board at least one of the vessels involved in the transshipment for the duration of the transshipment. (ii) A fishing vessel of the United States used for commercial fishing that receives transshipments of HMS at sea in the Convention Area shall not receive such transshipments from more than one vessel at a time unless there is a separate WCPFC observer available on either the offloading or receiving vessel to monitor each additional transshipment. (3) General restrictions on transshipping and bunkering Transshipment. (A) The other vessel involved in the transshipment is flagged to a Member or Cooperating Non-Member of the Commission; (B) The other vessel involved in the transshipment is on the WCPFC Record of Fishing Vessels; (C) The other vessel involved in the transshipment is on the WCPFC Interim Register of Non-Member Carrier and Bunker Vessels; or (D) The transshipment takes place entirely within the territorial seas or archipelagic waters of any nation, as defined by the domestic laws and regulations of that nation and recognized by the United States, or entirely within the Overlap Area, and only includes fish caught within such waters. (ii) Bunkering, supplying and provisioning. (A) The other vessel involved in the bunkering or exchange of supplies or provisions is flagged to a Member or a Cooperating Non-Member of the Commission; (B) The other vessel involved in the bunkering or exchange of supplies or provisions is on the WCPFC Record of Fishing Vessels; or (C) The other vessel involved in the bunkering or exchange of supplies or provisions is on the WCPFC Interim Register of Non-Member Carrier and Bunker Vessels. (4) Emergency transshipments. (c) Net sharing restrictions. (i) The vessel transferring the fish is a fishing vessel of the United States equipped with purse seine gear; (ii) The vessel transferring the fish has insufficient well space for the fish; (iii) The vessel transferring the fish engages in no additional purse seine sets during the remainder of the fishing trip; and (iv) The vessel accepting the fish is a fishing vessel of the United States equipped with purse seine gear. (2) Only fishing vessels of the United States that are authorized to be used for fishing in the EEZ may engage in net sharing in the EEZ, subject to the provisions of paragraph (c)(1) of this section. [77 FR 71510, Dec. 3, 2012, as amended at 85 FR 37389, June 22, 2020; 86 FR 31180, June 11, 2021] § 300.217 Vessel identification. (a) General. (2) Any fishing vessel of the United States with a WCPFC Area Endorsement or for which a WCPFC Area Endorsement is required shall be marked for identification purposes in accordance with this section, and all parts of such markings shall be clear, distinct, uncovered, and unobstructed. (3) Any boat, skiff, or other watercraft carried on board the fishing vessel shall be marked with the same identification markings as required under this section for the fishing vessel and shall be marked in accordance with this section. (b) Marking. (2) With the exception of the vessel's name and hailing port, the marking required in this section shall be the only vessel identification mark consisting of letters and numbers to be displayed on the hull and superstructure. (c) IMO numbers. (2) The owner of a fishing vessel of the United States used for commercial fishing for HMS in the Convention Area, either on the high seas or in waters under the jurisdiction of any nation other than the United States, shall request and obtain an IMO number for the vessel if the gross tonnage of the vessel, as indicated on the vessel's current Certificate of Documentation issued under 46 CFR part 67, is at least 100 GRT or 100 GT ITC, or less than 100 GRT down to a size of 12 meters in overall length. An IMO number may be requested for a vessel by following the instructions given by the administrator of the IMO ship identification number scheme; those instructions are currently available on the website of IHS Markit at: www.imonumbers.lrfairplay.com. (3) In the event that the owner of a fishing vessel subject to the requirement of paragraph (c)(2) of this section, after following the instructions given by the administrator of the IMO ship identification number scheme, is unable to obtain an IMO number for the fishing vessel, the fishing vessel owner may request an exemption from the requirement from the Pacific Islands Regional Administrator. The request must be sent by mail to the Pacific Islands Regional Administrator or by email to pir.wcpfc@noaa.gov (4) Upon receipt of a request for an exemption under paragraph (c)(3) of this section, the Pacific Islands Regional Administrator will, to the extent he or she determines appropriate, assist the fishing vessel owner in requesting an IMO number. If the Pacific Islands Regional Administrator determines that it is infeasible or impractical for the fishing vessel owner to obtain an IMO number for the fishing vessel, he or she will issue an exemption from the requirements of paragraph (c)(2) of this section for the subject fishing vessel and its owner and notify the fishing vessel owner of the exemption. The Pacific Islands Regional Administrator may limit the duration of the exemption. The Pacific Islands Regional Administrator may rescind an exemption at any time. If an exemption is rescinded, the fishing vessel owner must comply with the requirements of paragraph (c)(2) of this section within 30 days of being notified of the rescission. If the ownership of a fishing vessel changes, an exemption issued to the former fishing vessel owner becomes void. [75 FR 3350, Jan. 21, 2010, as amended at 76 FR 73520, Nov. 29, 2011; 80 FR 59047, Oct. 1, 2015; 83 FR 33869, July 18, 2018; 88 FR 30678, May 12, 2023] § 300.218 Reporting and recordkeeping requirements. (a) Fishing reports General. (2) Reporting options. (i) Western Pacific pelagic fisheries. (ii) West Coast HMS fisheries. (iii) Pacific tuna fisheries. (iv) South Pacific tuna fisheries. (v) High seas fisheries. (vi) Canada albacore fisheries. (vii) State-regulated fisheries. (viii) Other fisheries. (3) Exceptions. (ii) Catch and effort information for fishing activities that take place in waters under Federal jurisdiction around American Samoa, Guam and the Northern Mariana Islands need not be reported under this section unless reporting of such activity is required under regulations in chapter VI of this title. (b) Transshipment reports. (1) For vessels licensed under § 300.32, the original transshipment report is submitted to the address specified by the Pacific Islands Regional Administrator by the due date specified at § 300.34(c)(2) for submitting the transshipment logsheet form to the Administrator as defined at § 300.31. (2) For vessels registered for use under § 660.707 of this title, the original transshipment report is submitted to the address specified by the Pacific Islands Regional Administrator by the due date specified for the logbook form at § 660.708 of this title. (3) For vessels subject to the requirements of § 665.14(c) and § 665.801(e) of this title, and not subject to the requirements of paragraphs (b)(1) or (b)(2) of this section, the original transshipment report is submitted to the address specified by the Pacific Islands Regional Administrator by the due date specified at § 665.14(c) of this title for submitting transshipment logbooks to the Pacific Islands Regional Administrator for landings of western Pacific pelagic management unit species. (4) For all transshipments on the high seas and emergency transshipments that meet the conditions described in § 300.216(b)(4), including transshipments involving the categories of vessels specified in paragraphs (b)(1), (b)(2), and (b)(3) of this section, the report is submitted by fax or email to the address specified by the Pacific Islands Regional Administrator no later than 10 calendar days after completion of the transshipment. The report may be submitted with or without signatures so long as the original transshipment report with signatures is submitted to the address specified by the Pacific Islands Regional Administrator no later than 15 calendar days after the vessel first enters into port or 15 calendar days after completion of the transshipment for emergency transshipments in port. (5) For all other transshipments at sea, the original transshipment report is submitted to the address specified by the Pacific Islands Regional Administrator no later than 72 hours after the vessel first enters into port. (6) For all other transshipments in port, the original transshipment report is submitted to the address specified by the Pacific Islands Regional Administrator no later than 72 hours after completion of the transshipment. (c) Exceptions to transshipment reporting requirements. (d) Transshipment notices High seas transshipments. (i) The name of the offloading vessel. (ii) The vessel identification markings located on the hull or superstructure of the offloading vessel. (iii) The name of the receiving vessel. (iv) The vessel identification markings located on the hull or superstructure of the receiving vessel. (v) The expected amount, in metric tons, of fish product to be transshipped, broken down by species and processed state. (vi) The expected date or dates of the transshipment. (vii) The expected location of the transshipment, including latitude and longitude to the nearest tenth of a degree. (viii) An indication of which one of the following areas the expected transshipment location is situated: high seas inside the Convention Area; high seas outside the Convention Area; or an area under the jurisdiction of a particular nation, in which case the nation must be specified. (ix) The expected amount of HMS to be transshipped, in metric tons, that was caught in each of the following areas: inside the Convention Area, on the high seas; outside the Convention Area, on the high seas; and within areas under the jurisdiction of particular nations, with each such nation and the associated amount specified. This information is not required if the reporting vessel is the receiving vessel. (2) Emergency transshipments. (i) The name of the offloading vessel. (ii) The vessel identification markings located on the hull or superstructure of the offloading vessel. (iii) The name of the receiving vessel. (iv) The vessel identification markings located on the hull or superstructure of the receiving vessel. (v) The expected or actual amount, in metric tons, of fish product transshipped, broken down by species and processed state. (vi) The expected or actual date or dates of the transshipment. (vii) The expected or actual location of the transshipment, including latitude and longitude to the nearest tenth of a degree. (viii) An indication of which one of the following areas the expected or actual transshipment location is situated: High seas inside the Convention Area; high seas outside the Convention Area; or an area under the jurisdiction of a particular nation, in which case the nation must be specified. (ix) The amount of HMS to be transshipped, in metric tons, that was caught in each of the following areas: inside the Convention Area, on the high seas; outside the Convention Area, on the high seas; and within areas under the jurisdiction of particular nations, with each such nation and the associated amount specified. This information is not required if the reporting vessel is the receiving vessel. (x) The reason or reasons for the emergency transshipment (i.e., a transshipment conducted under circumstances of force majeure or other serious mechanical breakdown that could reasonably be expected to threaten the health or safety of the vessel or crew or cause a significant financial loss through fish spoilage). (3) Location of high seas and emergency transshipments. (e) Purse seine discard reports. Thunnus obesus Thunnus albacares Katsuwonus pelamis (f) Net sharing reports. (1) Transferring vessels. (2) Accepting vessels. (g) Daily purse seine fishing effort reports. e.g., (h) Whale shark encirclement reports. Rhincodon typus [75 FR 3350, Jan. 21, 2010, as amended at 77 FR 71511, Dec. 3, 2012; 79 FR 77943, Dec. 29, 2014; 80 FR 8815, Feb. 19, 2015; 80 FR 59048, Oct. 1, 2015; 83 FR 33869, July 18, 2018; 85 FR 37389, June 22, 2020] § 300.219 Vessel monitoring system. (a) SAC and VMS Helpdesk contact information and business hours. (1) SAC. pidvms@noaa.gov; (2) VMS Helpdesk. ole.helpdesk@noaa.gov; (b) Applicability. (c) Provision of vessel position information VMS unit. (2) VMS unit activation. (i) Turn on the VMS unit to make it operational; (ii) Submit a written activation report, via mail, facsimile or e-mail, to the SAC, that includes: the vessel's name; the vessel's official number; the VMS unit manufacturer and identification number; and telephone, facsimile or e-mail contact information for the vessel owner or operator; and (iii) Receive verbal or written confirmation from the SAC that proper transmissions are being received from the VMS unit. (3) VMS unit operation. (i) Prior to shutting down the VMS unit, report to the SAC or the NOAA Office of Law Enforcement's VMS Helpdesk via facsimile or e-mail, the following information: the intent to shut down the VMS unit; the vessel's name; the vessel's official number; and telephone, facsimile or e-mail contact information for the vessel owner or operator; and (ii) When turning the VMS unit back on, report to the SAC or the NOAA Office of Law Enforcement's VMS Helpdesk, via mail, facsimile or e-mail, the following information: that the VMS unit has been turned on; the vessel's name; the vessel's official number; and telephone, facsimile or e-mail contact information for the vessel owner or operator; and (iii) Prior to leaving port, receive verbal or written confirmation from the SAC that proper transmissions are being received from the VMS unit. (4) Failure of VMS unit. (i) If the vessel is at port: The vessel owner or operator shall repair or replace the VMS unit and ensure it is operable before the vessel leaves port. (ii) If the vessel is at sea: The vessel owner, operator, or designee shall contact the SAC by telephone, facsimile, or e-mail at the earliest opportunity during the SAC's business hours and identify the caller and vessel. The vessel operator shall follow the instructions provided by the SAC, which could include, but are not limited to: ceasing fishing, stowing fishing gear, returning to port, and/or submitting periodic position reports at specified intervals by other means; and, repair or replace the VMS unit and ensure it is operable before starting the next trip. (5) Related VMS requirements. (d) Costs. (e) Tampering. (f) Inspection. (g) Access to data. (h) Communication devices. (2) For the purpose of submitting the position reports that might be required in cases of VMS unit failure under paragraph (c)(4)(ii) of this section, the vessel operator shall, while the vessel is at sea, carry on board a communication device capable of transmitting, while the vessel is on the high seas in the Convention Area, communications by telephone, facsimile, e-mail, or radio to the Commission, in Pohnpei, Micronesia. The VMS unit used to fulfill the requirements of paragraph (c) of this section may not be used to satisfy this requirement. The same communication device may be able to satisfy the requirements of both this paragraph and paragraph (h)(1) of this section. [75 FR 3351, Jan. 21, 2010, as amended at 79 FR 64110, Oct. 28, 2014; 80 FR 59048, Oct. 1, 2015] § 300.220 Confidentiality of information. (a) Types of information covered. (b) Collection and maintenance of information General. (ii) Any observer information collected under the Act shall be provided to the Assistant Administrator. (iii) Appropriate safeguards as specified by NOAA Administrative Order (NAO) 216-100 or other NOAA/NMFS internal procedures, apply to the collection and maintenance of any information collected pursuant to paragraphs (b)(1) or (b)(2) of this section, whether separated from identifying particulars or not, so as to ensure their confidentiality. Information submitted to the Secretary in compliance with this subpart shall not be disclosed except as authorized herein or by other law or regulation. (2) Collection agreements with States or Marine Fisheries Commissions. (ii) To enter into a cooperative collection agreement with a State or a Marine Fisheries Commission, NMFS must ensure that: (A) The State has authority to protect the information from disclosure in a manner at least as protective as these regulations. (B) The Marine Fisheries Commission has enacted policies and procedures to protect the information from public disclosure. (3) Collection services by observer employer/observer provider. (i) That the observer employer/observer provider has enacted policies and procedures to protect the information from public disclosure; (ii) That the observer employer/observer provider has entered into an agreement with the Assistant Administrator that prohibits public disclosure and specifies penalties for such disclosure; and (iii) That the observer employer/observer provider requires each observer to sign an agreement with NOAA/NMFS that prohibits public disclosure of observer information and specifies penalties for such disclosure. (c) Access to information General. (i) The specific types of information requested; (ii) The relevance of the information to requirements of the Act; (iii) The duration of time that access will be required: continuous, infrequent, or one-time; and (iv) An explanation of why the availability of information in aggregate or summary form from other sources would not satisfy the requested needs. (2) Federal employees. (i) Federal employees who are responsible for administering, implementing, or enforcing the Act. Such persons are exempt from the provisions of paragraph (c)(1) of this section. (ii) NMFS employees responsible for the collection, processing, and storage of the information or performing research that requires access to confidential information. Such persons are exempt from the provisions of paragraph (c)(1) of this section. (iii) Other NOAA employees on a demonstrable need-to-know basis. (iv) Persons that need access to confidential information to perform functions authorized under a Federal contract, cooperative agreement, or grant awarded by NOAA/NMFS. (3) Commission. (A) The information is required to be submitted to the Commission under the requirements of the WCPF Convention or the decisions of the Commission; (B) The provision of such information is in accord with the requirements of the Act, the WCPF Convention, and the decisions of the Commission, including any procedures, policies, or practices adopted by the Commission relating to the receipt, maintenance, protection or dissemination of information by the Commission; and (C) The provision of such information is in accord with any agreement between the United States and the Commission that includes provisions to prevent public disclosure of the identity or business of any person. (ii) The provisions of paragraph (c)(1) of this section do not apply to the release of confidential information to the Commission. (4) State employees. (i) The employee has a need for confidential information to further the Department of Commerce's mission, and the State has entered into a written agreement between the Assistant Administrator and the head of the State's agency that manages marine and/or anadromous fisheries. The agreement shall contain a finding by the Assistant Administrator that the State has confidentiality protection authority comparable to the Act and that the State will exercise this authority to prohibit public disclosure of the identity or business of any person. (ii) The employee enforces the Act or fishery management plans prepared under the authority of the Magnuson-Stevens Conservation and Management Act, and the State for which the employee works has entered into a fishery enforcement agreement with the Secretary and the agreement is in effect. (5) Marine Fisheries Commission employees. (6) Homeland and national security activities. (i) Providing the information promotes homeland security or national security purposes including the USCG's homeland security missions as defined in section 888(a)(2) of the Homeland Security Act of 2002 (6 U.S.C. 468(a)(2)); and (ii) The requesting agency has entered into a written agreement with the Assistant Administrator. The agreement shall contain a finding by the Assistant Administrator that the requesting agency has confidentiality policies and procedures to protect the information from public disclosure. (7) Observer and observer employer/observer provider. (i) To adjudicate observer certifications; (ii) To allow the sharing of observer information among the observers and between observers and observer employers/observer providers as necessary to train and prepare observers for deployments on specific vessels; or (iii) To validate the accuracy of the observer information collected. (8) Persons having access to confidential information may be subject to criminal and civil penalties for unauthorized use or disclosure of confidential information. See 18 U.S.C. 1905, 16 U.S.C. 1857, and NOAA/NMFS internal procedures, including NAO 216-100. (d) Control system. (i) Identifies those persons who have access to the information; (ii) Contains procedures to limit access to confidential information to authorized users; and (iii) Provides handling and physical storage protocols for safeguarding of the information. (2) This system requires that all persons who have authorized access to the information be informed of the confidentiality of the information. These persons, with the exception of employees and contractors of the Commission, are required to sign a statement that they: (i) Have been informed that the information is confidential; and (ii) Have reviewed and are familiar with the procedures to protect confidential information. (e) Release of information. (i) When the Secretary has obtained from the person who submitted the information an authorization to release the information to persons for reasons not otherwise provided for in this subpart. In situations where a person provides information through a second party, both parties are considered joint submitters of information and either party may request a release. The authorization to release such information will require: (A) A written statement from the person(s) who submitted the information authorizing the release of the submitted information; and (B) A finding by the Secretary that such release does not violate other requirements of the Act or other applicable laws. (ii) Observer information as authorized by a fishery management plan (prepared under the authority of the Magnuson-Stevens Fishery Conservation and Management Act) or regulations under the authority of the North Pacific Council to allow disclosure of observer information to the public of weekly summary bycatch information identified by vessel or for haul-specific bycatch information without vessel identification. (iii) When such information is required to be submitted for any determination under a limited access program. (iv) When required by a court order. (2) All requests from the public for confidential information will be processed in accordance with the requirements of 5 U.S.C. 552a, 15 CFR parts 4 and 903, NAO 205-14, and Department of Commerce Administrative Orders DAO 205-12 and DAO 205-14. Nothing in this section is intended to confer any right, claim, or entitlement to obtain access to confidential information not already established by law. (3) NMFS does not release or allow access to confidential information in its possession to members of advisory groups of the Regional Fishery Management Councils established under the Magnuson-Stevens Fishery Conservation and Management Act, except as provided by law. [75 FR 3352, Jan. 21, 2010] § 300.221 Facilitation of enforcement and inspection. In addition to the facilitation of enforcement provisions of § 300.5, the following requirements apply to this subpart. (a) A fishing vessel of the United States with a WCPFC Area Endorsement or for which a WCPFC Area Endorsement is required, including the vessel's operator and each member of the vessel's crew shall, when in the Convention Area, be subject to the following requirements: (1) The Federal Certificate of Documentation or State or other documentation for the vessel, or a copy thereof, shall be carried on board the vessel. Any license, permit or other authorization to use the vessel to fish, retain fish, transship fish, or land fish issued by a nation or political entity other than the United States, or a copy thereof, shall be carried on board the vessel. These documents shall be made available for inspection by any authorized officer. If the vessel is on the high seas, the above-mentioned licenses, permits, and authorizations shall also be made available for inspection by any WCPFC inspector. If the vessel is in an area under the jurisdiction of a member of the Commission other than the United States, they shall be made available for inspection by any authorized enforcement official of that member. (2) For the purpose of facilitating communication with the fisheries management, surveillance and enforcement authorities of the members of the Commission, the operator shall ensure the continuous monitoring of the international safety and calling radio frequency 156.8 MHz (Channel 16, VHF-FM) and, if the vessel is equipped to do so, the international distress and calling radio frequency 2.182 MHz (HF). (3) The operator shall ensure that an up-to-date copy of the International Code of Signals (INTERCO) is on board and accessible at all times. (4) When engaged in transshipment on the high seas or in an area under the jurisdiction of a member of the Commission other than the United States, the operator and crew shall: (i) Provide any WCPFC transshipment monitor with full access to, and use of, facilities and equipment which such authorized person may determine is necessary to carry out his or her duties to monitor transshipment activities, including full access to the bridge, fish on board, and all areas which may be used to hold, process, weigh and store fish, and full access to the vessel's records, including its log and documentation for the purpose of inspection and photocopying; (ii) Allow and assist any WCPFC transshipment monitor to collect and remove samples and gather any other information required to fully monitor transshipment activities. (iii) Not assault, obstruct, resist, delay, refuse boarding to, intimidate, harass, interfere with, unduly obstruct or delay any WCPFC transshipment monitor in the performance of such person's duties, or attempt to do any of the same. (b) The operator and crew of a fishing vessel of the United States, when on the high seas in the Convention Area, shall be subject to the following requirements: (1) The operator and crew shall immediately comply with instructions given by an officer on board a WCPFC inspection vessel to move the vessel to a safe location and/or to stop the vessel, provided that the officer has, prior to the issuance of such instructions: (i) Provided information identifying his or her vessel as a WCPFC inspection vessel, including its name, registration number, IRCS and contact frequency; and (ii) Communicated to the vessel operator his or her intention to board and inspect the vessel under the authority of the Commission and pursuant to the boarding and inspection procedures adopted by the Commission. (2) The operator and crew shall accept and facilitate prompt and safe boarding by any WCPFC inspector, provided that an officer on board the WCPFC inspection vessel has, prior to such boarding: (i) Provided information identifying his or her vessel as a WCPFC inspection vessel, including its name, registration number, IRCS and contact frequency; and (ii) Communicated to the vessel operator an intention to board and inspect the vessel under the authority of the Commission and pursuant to the boarding and inspection procedures adopted by the Commission. (3) Provided that the WCPFC inspector has presented to the vessel operator his or her identity card identifying him or her as an inspector authorized to carry out boarding and inspection procedures under the auspices of the Commission, and a copy of the text of the relevant conservation and management measures in force pursuant to the WCPF Convention in the relevant area of the high seas, the operator and crew shall: (i) Cooperate with and assist any WCPFC inspector in the inspection of the vessel, including its authorizations to fish, gear, equipment, records, facilities, fish and fish products and any relevant documents necessary to verify compliance with the conservation and management measures in force pursuant to the WCPF Convention; (ii) Allow any WCPFC inspector to communicate with the crew of the WCPFC inspection vessel, the authorities of the WCPFC inspection vessel and the authorities of the vessel being inspected; (iii) Provide any WCPFC inspector with reasonable facilities, including, where appropriate, food and accommodation; and (iv) Facilitate safe disembarkation by any WCPFC inspector. (4) If the operator or crew refuses to allow a WCPFC inspector to board and inspect the vessel in the manner described in this paragraph, they shall offer to the WCPFC inspector an explanation of the reason for such refusal. (5) The operator and crew shall not assault, obstruct, resist, delay, refuse boarding to, intimidate, harass, interfere with, unduly obstruct or delay any WCPFC inspector in the performance of such person's duties, or attempt to do any of the same. (c) When a fishing vessel of the United States that is used for commercial fishing for HMS is in the Convention Area and is either on the high seas without a valid WCPFC Area Endorsement or is in an area under the jurisdiction of a nation other than the United States without an authorization by that nation to fish in that area, all the fishing gear and fishing equipment on the fishing vessel shall be stowed in a manner so as not to be readily available for fishing, specifically: (1) If the fishing vessel is used for purse seining and equipped with purse seine gear, the boom must 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, must be tied down; and the launches must be secured. (2) If the fishing vessel is used for longlining and equipped with longline gear, the branch or dropper lines and floats used to buoy the mainline must be stowed and not available for immediate use, and any power-operated mainline hauler on deck must be covered in such a manner that it is not readily available for use. (3) If the fishing vessel is used for trolling and equipped with troll gear, no lines or hooks may be placed in the water; if outriggers are present on the vessel, they must be secured in a vertical position; if any power-operated haulers are located on deck they must be covered in such a manner that they are not readily available for use. (4) If the fishing vessel is used for pole-and-line fishing and equipped with pole-and-line gear, any poles rigged with lines and hooks must be stowed in such a manner that they are not readily available for use. (5) For any other type of fishing vessel, all the fishing gear and equipment on the vessel must be stowed in a manner so as not to be readily available for use. (d) For the purpose of this section, the meaning of transshipment does not include transfers that exclusively involve fish that have been previously landed and processed. [75 FR 3354, Jan. 21, 2010] § 300.222 Prohibitions. In addition to the prohibitions in § 300.4, it is unlawful for any person to: (a) Fail to obtain and have on board a fishing vessel a valid WCPFC Area Endorsement as required in § 300.212. (b) Fail to report a change in the information required in an application for a WCPFC Area Endorsement as required in § 300.212(g). (c) Fail to provide information on vessels and fishing authorizations or fail to report changes in such information as required in § 300.213. (d) Fish for, retain on board, or land fish, including HMS, in areas under the jurisdiction of a nation other than the United States without authorization by such nation to do so, as provided in § 300.214(a)(1) and (b)(1). (e) Operate a fishing vessel in violation of, or fail to ensure the vessel crew complies with, the applicable national laws of a member of the Commission other than the United States, including any laws related to carrying vessel observers or the operation of VMS units, as provided in § 300.214(a)(2) and (b)(2). (f) Fail to carry, allow on board, or assist a WCPFC observer as required in § 300.215. (g) Assault, obstruct, resist, delay, refuse boarding to, intimidate, harass, or interfere with a WCPFC observer, or attempt to do any of the same, or fail to provide a WCPFC observer with food, accommodation or medical facilities, as required in § 300.215. (h) Offload, receive, or load fish from a purse seine vessel at sea in the Convention Area, in contravention of § 300.216. (i) Fail to mark a fishing vessel or a boat, skiff, or other watercraft on board the fishing vessel as required in § 300.217, or remove, obscure, or obstruct such markings, or attempt to do so. (j) Fail to maintain and report catch and effort information or transshipment information as required in § 300.218. (k) Fail to install, activate, or operate a VMS unit as required in § 300.219(c). (l) In the event of VMS unit failure or interruption, fail to repair or replace a VMS unit, fail to notify the SAC and follow the instructions provided, or otherwise fail to act as provided in § 300.219(c)(4). (m) Disable, destroy, damage or operate improperly a VMS unit installed under § 300.219, or attempt to do any of the same, or fail to ensure that its operation is not impeded or interfered with, as provided in § 300.219(e). (n) Fail to make a VMS unit installed under § 300.219 or the position data obtained from it available for inspection, as provided in § 300.219(f) and (g). (o) Fail to carry on board and monitor communication devices as required in § 300.219(h). (p) Fail to carry on board and make available the required vessel documentation and authorizations as required in § 300.221(a)(1). (q) Fail to continuously monitor the specified radio frequencies as required in § 300.221(a)(2). (r) Fail to carry on board, and keep accessible, an up-to-date copy of the International Code of Signals as required in § 300.221(a)(3). (s) Fail to provide access to, or fail to allow and assist, a WCPFC transshipment monitor as required in § 300.221(a)(4). (t) Fail to comply with the instructions of, or fail to accept and facilitate prompt and safe boarding by, a WCPFC inspector, or fail to cooperate and assist a WCPFC inspector in the inspection of a fishing vessel, as provided in § 300.221(b). (u) Fail to stow fishing gear or fishing equipment as required in § 300.221(c). (v) Use a fishing vessel equipped with purse seine gear to fish in an area closed to purse seine fishing under § 300.223(a). (w) Set a purse seine around, near or in association with a FAD or a vessel, deploy, activate, or service a FAD, or use lights in contravention of § 300.223(b). (x) Discard fish at sea in the Convention Area in contravention of § 300.223(d). (y) Fail to comply with the sea turtle mitigation gear and handling requirements of § 300.223(f). (z) Use a fishing vessel to retain on board, transship, or land bigeye tuna captured by longline gear in the Convention Area or to fish in contravention of § 300.224(f)(1) or (f)(2). (aa) Use a fishing vessel to fish in the Pacific Ocean using longline gear both inside and outside the Convention Area on the same fishing trip in contravention of § 300.224(f)(3). (bb) Fail to stow longline gear as required in § 300.224(f)(4). (cc) Fail to carry on board a WCPFC observer during a transshipment at sea, as required in § 300.215(d). (dd) Offload, receive, or load fish caught in the Convention Area from a purse seine vessel at sea in contravention of § 300.216. (ee) Fail to ensure that a WCPFC observer is on board at least one of the vessels involved in the transshipment for the duration of the transshipment in contravention of § 300.216(b)(2)(i), except as specified at § 300.216(b)(4). (ff) Receive transshipments from more than one fishing vessel at a time in contravention of § 300.216(b)(2)(ii), except as specified at § 300.216(b)(4). (gg) Transship to or from another vessel, in contravention of § 300.216(b)(3)(i), except as specified at § 300.216(b)(4). (hh) Provide bunkering, receive bunkering, or exchange supplies or provisions with another vessel, in contravention of § 300.216(b)(3)(ii). (ii) Engage in net sharing except as specified under § 300.216(c). (jj) Fail to submit, or ensure submission of, a transshipment report as required in § 300.218(b), except as specified under § 300.218(c). (kk) Fail to submit, or ensure submission of, a transshipment notice as required in § 300.218(d). (ll) Transship more than 24 nautical miles from the location indicated in the transshipment notice, in contravention of § 300.218(d)(3). (mm) Fail to submit, or ensure submission of, a discard report as required in § 300.218(e). (nn) Fail to submit, or ensure submission of, a net sharing report as required in § 300.218(f). (oo) Transship in the Eastern High Seas Special Management Area in contravention of § 300.225. (pp) Fail to submit, or ensure submission of, a daily purse seine fishing effort report as required in § 300.218(g). (qq) Fail to submit, or ensure submission of, a whale shark encirclement report as required in § 300.218(h). (rr) Set or attempt to set a purse seine on or around a whale shark ( Rhincodon typus (ss) Fail to release a whale shark encircled in a purse seine net of a fishing vessel as required in § 300.223(h). (tt) Use a fishing vessel to retain on board, transship, store, or land any part or whole carcass of an oceanic whitetip shark ( Carcharhinus longimanus Carcharhinus falciformis (uu) Fail to release an oceanic whitetip shark or silky shark as required in § 300.226(b). (vv) Fail to obtain an IMO number for a fishing vessel as required in § 300.217(c). (ww) Fail to carry an observer as required in § 300.223(e). (xx) Fail to comply with any of the limits, restrictions, prohibitions, or requirements specified under § 300.227. (yy) Fail to comply with the requirements of any temporary specification issued under § 300.228. (zz) Fail to comply with the observer safety requirements in § 300.215(f). (aaa) Fail to provide pre-trip notification per requirements in § 300.215(b). (bbb) Fail to comply with the FAD design requirements in § 300.223(b)(4). (ccc) Fail to comply with the requirements of any exemption under § 300.226(e). (ddd) Fail to comply with any of the restrictions, prohibitions or requirements specified in § 300.229. (eee) Fail to comply with the handling and release requirements in § 300.230. [74 FR 38554, Aug. 4, 2009, as amended at 74 FR 64010, Dec. 7, 2009; 75 FR 3355, Jan. 21, 2010; 77 FR 51714, Aug. 27, 2012; 77 FR 71512, Dec. 3, 2012; 79 FR 71331, Dec. 2, 2014; 80 FR 8815, Feb. 19, 2015; 80 FR 59048, Oct. 1, 2015; 81 FR 41250, June 24, 2016; 83 FR 33869, July 18, 2018; 86 FR 31181, June 11, 2021; 86 FR 35659, July 7, 2021; 88 FR 30678, May 12, 2023] § 300.223 Purse seine fishing restrictions. None of the requirements of this section apply in the territorial seas or archipelagic waters of the United States or any other nation, as defined by the domestic laws and regulations of that nation and recognized by the United States, or within the Overlap Area. All dates used in this section are in Universal Coordinated Time, also known as UTC; for example: The year 2013 starts at 00:00 on January 1, 2013 UTC and ends at 24:00 on December 31, 2013 UTC; and July 1, 2013, begins at 00:00 UTC and ends at 24:00 UTC. (a) Fishing effort limits. (1) For calendar year 2019, there is a limit of 1,616 fishing days in the ELAPS. (2) Beginning in 2020, there is a limit of 1,828 fishing days in the ELAPS per calendar year. (3) NMFS will determine the number of fishing days spent in the ELAPS in each calendar year using data submitted in logbooks and other available information. After NMFS determines that a limit in a calendar year is expected to be reached by a specific future date, and at least seven calendar days in advance of the closure date, NMFS will publish a document in the Federal Register (4) Once a fishery closure is announced pursuant to paragraph (a)(3) of this section, fishing vessels of the United States equipped with purse seine gear may not be used to fish in the closed area during the period specified in the Federal Register (b) Use of fish aggregating devices. (i) Set a purse seine around a FAD or within one nautical mile of a FAD. (ii) Set a purse seine in a manner intended to capture fish that have aggregated in association with a FAD or a vessel, such as by setting the purse seine in an area from which a FAD or a vessel has been moved or removed within the previous eight hours, or setting the purse seine in an area in which a FAD has been inspected or handled within the previous eight hours, or setting the purse seine in an area into which fish were drawn by a vessel from the vicinity of a FAD or a vessel. (iii) Deploy a FAD into the water. (iv) Repair, clean, maintain, or otherwise service a FAD, including any electronic equipment used in association with a FAD, in the water or on a vessel while at sea, except that: (A) A FAD may be inspected and handled as needed to identify the FAD, identify and release incidentally captured animals, un-foul fishing gear, or prevent damage to property or risk to human safety; and (B) A FAD may be removed from the water and if removed may be repaired, cleaned, maintained, or otherwise serviced, provided that it is not returned to the water. (v) From a purse seine vessel or any associated skiffs, other watercraft or equipment, do any of the following, except in emergencies as needed to prevent human injury or the loss of human life, the loss of the purse seine vessel, skiffs, watercraft or aircraft, or environmental damage: (A) Submerge lights under water; (B) Suspend or hang lights over the side of the purse seine vessel, skiff, watercraft or equipment, or; (C) Direct or use lights in a manner other than as needed to illuminate the deck of the purse seine vessel or associated skiffs, watercraft or equipment, to comply with navigational requirements, and to ensure the health and safety of the crew. (2) The requirements of paragraph (b)(1) of this section shall apply: (i) From July 1 through August 15, in each calendar year; (ii) In any area of high seas, from December 1 through December 31, in each calendar year. (3)(i) Activating FADs for purse seine vessels. (ii) Restrictions on Active FADs for purse seine vessels. (4) FAD design requirements to reduce entanglements. Owners and operators of fishing vessels of the United States equipped with purse seine gear shall ensure that all FADs to be deployed ( i.e., (i) Raft. e.g., (ii) Subsurface. (c) [Reserved] (d) Catch retention. Thunnus obesus Thunnus albacares Katsuwonus pelamis (1) Fish that are unfit for human consumption, including but not limited to fish that are spoiled, pulverized, severed, or partially consumed at the time they are brought on board, may be discarded. (2) If at the end of a fishing trip there is insufficient well space to accommodate all the fish captured in a given purse seine set, fish captured in that set may be discarded, provided that no additional purse seine sets are made during the fishing trip. (3) If a serious malfunction of equipment occurs that necessitates that fish be discarded. (e) Observer coverage. (i) The portion of the fishing trip within the Convention Area takes place entirely within areas under the jurisdiction of a single nation other than the United States; or, (ii) No fishing takes place during the fishing trip in the Convention Area in the area between 20° N latitude and 20° S latitude; or (iii) The Pacific Islands Regional Administrator has by temporary specification published in the Federal Register (2) Owners, operators, and crew of fishing vessels subject to paragraph (e)(1) of this section must accommodate WCPFC observers in accordance with the provisions of § 300.215(c). (3) Meeting either of the conditions in paragraphs (e)(1)(i) and (ii) of this section does not exempt a fishing vessel from having to carry and accommodate a WCPFC observer pursuant to § 300.215 or other applicable regulations. (f) Sea turtle take mitigation measures. (i) Dip net. (A) An extended reach handle. (B) Size of dip net. (ii) Optional turtle hoist. (A) Frame and net. (B) Lines. (2) Handling requirements. (i) Sea turtles enclosed in purse seines. (ii) Sea turtles entangled in purse seines. (iii) Sea turtles entangled in FADs. (iv) Disentangled sea turtles that cannot be brought aboard. (v) Disentangled sea turtles that can be brought aboard. (A) Using the dip net or a turtle hoist, the sea turtle must be brought aboard immediately; and (B) The sea turtle must be handled in accordance with the procedures in paragraphs (f)(2)(vi) and (f)(2)(vii) of this section. (vi) Sea turtle resuscitation. (A) The sea turtle must be placed on its belly (on the bottom shell or plastron) so that it is right side up and its hindquarters elevated at least 6 inches (15.24 cm) for a period of no less than 4 hours and no more than 24 hours. The amount of the elevation varies with the size of the sea turtle; greater elevations are needed for larger sea turtles; (B) A reflex test must be administered at least once every 3 hours. The test is to be performed by gently touching the eye and pinching the tail of a sea turtle to determine if the sea turtle is responsive; (C) The sea turtle must be kept shaded and damp or moist (but under no circumstances place the sea turtle into a container holding water). A water-soaked towel placed over the eyes (not covering the nostrils), carapace and flippers is the most effective method of keeping a sea turtle moist; and (D) If the sea turtle revives and becomes active, it must be returned to the sea in the manner described in paragraph (f)(2)(vii) of this section. Sea turtles that fail to revive within the 24-hour period must also be returned to the sea in the manner described in paragraph (f)(2)(vii) of this section, unless NMFS requests that the turtle or part thereof be kept on board and delivered to NMFS for research purposes. (vii) Sea turtle release. (A) Place the vessel engine in neutral gear so that the propeller is disengaged and the vessel is stopped; (B) Using the dip net or a turtle hoist to release the sea turtle with little impact, gently release the sea turtle away from any deployed gear; and (C) Observe that the turtle is safely away from the vessel before engaging the propeller and continuing operations. (viii) Other sea turtle requirements. (g) Owners, operators, and crew of fishing vessels of the United States used for commercial fishing for HMS in the Convention Area shall not set or attempt to set a purse seine in the Convention Area on or around a whale shark ( Rhincodon typus) (h) The crew, operator, and owner of a fishing vessel of the United States used for commercial fishing for HMS in the Convention Area must release any whale shark that is encircled in a purse seine net in the Convention Area, and take reasonable steps for its safe release, without compromising the safety of any persons. This paragraph does not apply to the territorial seas or archipelagic waters of any nation, as defined by the domestic laws and regulations of that nation and recognized by the United States. [74 FR 38554, Aug. 4, 2009, as amended at 76 FR 82183, Dec. 30, 2011; 77 FR 71513, Dec. 3, 2012; 78 FR 30778, May 23, 2013; 80 FR 8815, Feb. 19, 2015; 80 FR 29223, May 21, 2015; 80 FR 51480, Aug. 25, 2015; 80 FR 59048, Oct. 1, 2015; 81 FR 41250, June 24, 2016; 83 FR 33869, July 18, 2018; 84 FR 37148, July 31, 2019; 85 FR 37390, June 22, 2020; 86 FR 31181, June 11, 2021; 88 FR 30678, May 12, 2023; 89 FR 70124, Aug. 29, 2024] § 300.224 Longline fishing restrictions. None of the requirements of this section apply in the Overlap Area. (a) Establishment of bigeye tuna catch limits. (2) [Reserved] (b) Exception for bigeye tuna landed in territories. (1) The bigeye tuna were not caught in the portion of the EEZ surrounding the Hawaiian Archipelago; and (2) The bigeye tuna were landed by a fishing vessel operated in compliance with a valid permit issued under § 660.707 or § 665.801 of this title. (c) Exception for bigeye tuna caught by vessels with American Samoa Longline Limited Access Permits. (1) The bigeye tuna were not caught in the portion of the EEZ surrounding the Hawaiian Archipelago; and (2) The bigeye tuna were landed by a fishing vessel operated in compliance with a valid permit issued under § 660.707 or § 665.801 of this title. (d) Exception for bigeye tuna caught by vessels included in specified fishing agreements under § 665.819(c) of this title. (1) The start date specified in § 665.819(c)(9)(i) of this title has occurred or passed; and (2) NMFS has not made a determination under § 665.819(c)(9)(iii) of this title that the catch of bigeye tuna exceeds the limit allocated to the territory that is a party to the agreement. (e) Announcement of catch limit being reached and fishing prohibitions. Federal Register (f) Prohibitions after catch limit is reached. (1) A fishing vessel of the United States may not be used to retain on board, transship, or land bigeye tuna captured by longline gear in the Convention Area, except as follows: (i) Any bigeye tuna already on board a fishing vessel upon the effective date of the prohibitions may be retained on board, transshipped, and/or landed, to the extent authorized by applicable laws and regulations, provided that they are landed within 14 days after the prohibitions become effective. The 14-day landing requirement does not apply to a vessel that has declared to NMFS, pursuant to § 665.803(a) of this title, that the current trip type is shallow-setting. (ii) Bigeye tuna captured by longline gear may be retained on board, transshipped, and/or landed if they are landed in American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands, provided that: (A) The bigeye tuna were not caught in the portion of the EEZ surrounding the Hawaiian Archipelago; (B) Such retention, transshipment, and/or landing is in compliance with applicable laws and regulations; and (C) The bigeye tuna are landed by a fishing vessel operated in compliance with a valid permit issued under § 660.707 or § 665.801 of this title. (iii) Bigeye tuna captured by longline gear may be retained on board, transshipped, and/or landed if they are caught by a vessel registered for use under a valid American Samoa Longline Limited Access Permit issued under § 665.801(c) of this title, provided that: (A) The bigeye tuna were not caught in the portion of the EEZ surrounding the Hawaiian Archipelago; (B) Such retention, transshipment, and/or landing is in compliance with applicable laws and regulations; and (C) The bigeye tuna are landed by a fishing vessel operated in compliance with a valid permit issued under § 660.707 or § 665.801 of this title. (iv) Bigeye tuna caught by longline gear may be retained on board, transshipped, and/or landed if they were caught by a vessel that is included in a specified fishing agreement under § 665.819(c) of this title, if the agreement provides for bigeye tuna to be attributed to the longline fishery of American Samoa, Guam, or the Northern Mariana Islands, provided that: (A) The start date specified in § 665.819(c)(9)(i) of this title has occurred or passed; and (B) NMFS has not made a determination under § 665.819(c)(9)(iii) of this title that the catch of bigeye tuna exceeds the limit allocated to the territory that is a party to the agreement. (2) Bigeye tuna caught by longline gear in the Convention Area may not be transshipped to a fishing vessel unless that fishing vessel is operated in compliance with a valid permit issued under § 660.707 or § 665.801 of this title. (3) A fishing vessel of the United States may not be used to fish in the Pacific Ocean using longline gear both inside and outside the Convention Area during the same fishing trip, with the exception of a fishing trip during which the prohibitions were put into effect as announced under paragraph (e) of this section, in which case the bigeye tuna on board the vessel may be retained on board, transshipped, and/or landed, to the extent authorized by applicable laws and regulations, provided that they are landed within 14 days after the prohibitions become effective. This prohibition does not apply to a vessel that catches bigeye tuna that is to be attributed to the longline fishery of American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands in accordance with paragraphs (b), (c), or (d) of this section, or to a vessel for which a declaration has been made to NMFS, pursuant to § 665.803(a) of this title, that the current trip type is shallow-setting. (4) If a fishing vessel of the United States, other than a vessel that catches bigeye tuna that is to be attributed to the longline fishery of American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands, in accordance with paragraphs (b), (c), and (d) of this section, or a vessel for which a declaration has been made to NMFS, pursuant to § 665.803(a) of this title, that the current trip type is shallow-setting, is used to fish in the Pacific Ocean using longline gear outside the Convention Area and the vessel enters the Convention Area at any time during the same fishing trip, the longline gear on the fishing vessel must, while it is in the Convention Area, be stowed in a manner so as not to be readily available for fishing; specifically, the hooks, branch or dropper lines, and floats used to buoy the mainline must be stowed and not available for immediate use, and any power-operated mainline hauler on deck must be covered in such a manner that it is not readily available for use. [78 FR 58246, Sept. 23, 2013, as amended at 79 FR 64111, Oct. 28, 2014; 80 FR 43636, July 23, 2015; 81 FR 41251, June 24, 2016; 83 FR 33870, July 18, 2018; 85 FR 37390, June 22, 2020; 89 FR 63843, Aug. 6, 2024] § 300.225 Eastern High Seas Special Management Area. The owner and operator of a fishing vessel of the United States used for commercial fishing for HMS is prohibited from engaging in transshipment in the Eastern High Seas Special Management Area. [83 FR 33870, July 18, 2018] § 300.226 Oceanic whitetip shark and silky shark. None of the requirements of this section apply in the Overlap Area. (a) The crew, operator, and owner and operator of a fishing vessel of the United States used for commercial fishing for HMS cannot retain on board, transship, store, or land any part or whole carcass of an oceanic whitetip shark ( Carcharhinus longimanus) Carcharhinus falciformis (b) The crew, operator, and owner and operator of a fishing vessel of the United States used for commercial fishing for HMS must release any oceanic whitetip shark or silky shark that is caught in the Convention Area as soon as possible after the shark is caught and brought alongside the vessel, and take reasonable steps for its safe release, without compromising the safety of any persons, unless subject to the provisions of paragraph (c) or (e) of this section. (c) Paragraphs (a) and (b) of this section do not apply in the event that a WCPFC observer collects, or requests the assistance of the vessel crew, operator, or owner in the observer's collection of, samples of oceanic whitetip shark or silky shark in the Convention Area. (d) The crew, operator, and owner of a fishing vessel of the United States used for commercial fishing for HMS in the Convention Area must allow and assist a WCPFC observer to collect samples of oceanic whitetip shark or silky shark in the Convention Area, if requested to do so by the WCPFC observer. (e) Paragraphs (a) and (b) of this section do not apply in the event that any oceanic whitetip shark or silky shark is not seen by the crew, operator, or owner of a purse seine vessel, or any WCPFC observer on board that vessel, prior to being delivered into the vessel hold and frozen. In such a case, oceanic whitetip shark or silky shark could be stored and landed, but the vessel owner or operator must notify the on-board observer and surrender the whole shark to the responsible government authorities or discard the shark at the first point of landing or transshipment. In U.S. ports, the responsible government authority is the NOAA Office of Law Enforcement. Any oceanic whitetip shark or silky shark surrendered in this manner may not be sold or bartered, but may be donated for human consumption, consistent with any applicable laws and policies. [80 FR 8816, Feb. 19, 2015, as amended at 85 FR 37390, June 22, 2020; 88 FR 30678, May 12, 2023] § 300.227 Framework for catch and fishing effort limits. (a) General. (b) Application in territorial seas and archipelagic waters. (c) Types of limits. (1) Limits on the weight or number of fish or other living marine resources of specific types and/or sizes that may be caught, retained, transshipped, landed, and/or sold; (2) Limits on the amount of fishing effort that may be expended, such as the amount of time vessels spend at sea (e.g., days at sea) or engaged in fishing (e.g., fishing days), the amount of time vessels spend engaged in particular fishing activities (e.g., trolling hours), and the quantity of specific fishing activities (e.g., number of hooks set; number of longline sets or purse seine sets; number of purse seine sets made on FADs; number of FADs deployed); and (3) Areas or periods in which particular activities are restricted or prohibited, such as periods during which it is prohibited to set purse seines on FADs or to use FADs in specific other ways. (d) [Reserved] (e) Allocation of limits among sectors or vessels. (2) The Pacific Islands Regional Administrator may not, under this framework, allocate a Commission-adopted limit among individual fishing vessels of the United States. In other words, the Pacific Islands Regional Administrator may not, under this framework, specify limits for individual fishing vessels of the United States, except in the case where there is only one fishing vessel in a sector or group of fishing vessels that is subject to the limit. This does not preclude NMFS from allocating Commission-adopted limits among individual fishing vessels through other regulations. (f) Procedures for specifying limits. Federal Register (2) For each specified limit that is subject to prior notice and public comment, the Pacific Islands Regional Administrator will consider any public comment received on the proposed specification, and publish in the Federal Register (g) Notification of limits being reached. Federal Register (h) Prohibitions after limit is reached. Federal Register Federal Register [80 FR 59048, Oct. 1, 2015] § 300.228 Framework to implement emergency decisions. (a) General. (b) Procedures for regulatory modification or suspensions. Federal Register i.e., (c) Procedures for revoking regulatory modifications or suspensions. Federal Register (d) Limitations on regulatory modifications or suspensions. (1) Modifications or suspensions of the purse seine observer coverage requirements at § 300.223(e), including the Pacific Islands Regional Administrator's suspension of some or all of the requirements on a fleet-wide or individual vessel basis, requiring the carrying of observers other than WCPFC observers, requirements to carry electronic monitoring devices in lieu of observers, and requirements to collect and submit photographic or written information; (2) Modifications or suspensions of the regulations at § 300.216(b)(1) prohibiting at-sea transshipment for purse seine vessels, including suspensions of some or all of the prohibitions, prior notification to an address specified by the Pacific Islands Regional Administrator for an at-sea transshipment, and authority of the Pacific Islands Regional Administrator to suspend the prohibitions for particular transshipments; and (3) Modifications or suspensions of the regulations at §§ 300.215(d) and 300.216(b)(2) regarding at-sea transshipment observer requirements, including suspensions of some or all of the requirements, the Pacific Islands Regional Administrator's authorization to suspend some or all of the requirements for particular transshipments, requiring the carrying of observers other than WCPFC observers, requirements to carry electronic monitoring devices in lieu of observers, and requirements to collect and submit photographic or written information. (e) Covid-19-related actions. [86 FR 31181, June 11, 2021, at amended at 87 FR 34586, June 7, 2022] § 300.229 Mobulid ray restrictions. The requirements of this section apply in all exclusive economic zones and all areas of high seas in the Convention Area, excluding the Overlap Area. For the purpose of this section, mobulid ray is defined as any ray in the family Mobulidae, which includes manta rays and devil rays ( Mobula spp. (a) The owner and operator of a fishing vessel of the United States used for commercial fishing for HMS cannot set or attempt to set on or around a mobulid ray if the animal is sighted at any time prior to the commencement of the set or the attempted set. (b) The owner and operator of a fishing vessel of the United States used for commercial fishing for HMS cannot retain on board, transship, store, or land any part or whole carcass of a mobulid ray, unless subject to the provisions of paragraphs (d), (e) and (f) of this section. (c) The owner and operator of a fishing vessel of the United States used for commercial fishing for HMS must release any mobulid ray, as soon as possible, and must ensure that all reasonable steps are taken to ensure its safe release, without compromising the safety of any persons, unless subject to the provisions of paragraphs (d), (e) and (f) of this section. (d) Paragraphs (b) and (c) of this section do not apply in the event that a WCPFC observer collects, or requests the assistance of the vessel crew, operator, or owner in the collection of, samples of a mobulid ray in the Convention Area. (e) The crew, operator, and owner of a vessel must allow and assist a WCPFC observer to collect samples of a mobulid ray in the Convention Area, if requested to do so by a WCPFC observer. (f) Paragraphs (b) and (c) of this section do not apply in the event that a mobulid ray is not seen by the crew, operator, or owner of a purse seine vessel, or any WCPFC observer on board that vessel, prior to being delivered into the vessel hold and frozen. In such a case, a mobulid ray could be stored and landed, but the vessel owner or operator must notify the on-board observer and surrender the whole ray to the responsible government authorities or discard the animal at the first point of landing or transshipment. In U.S. ports, the responsible government authority is the NOAA Office of Law Enforcement. Any mobulid ray surrendered in this manner may not be sold or bartered, but may be donated for human consumption, consistent with any applicable laws and policies. [88 FR 30679, May 12, 2023] § 300.230 Shark handling and release. (a) The requirements of paragraph (b) of this section apply to all fishing vessels of the United States used for commercial fishing for HMS. The requirements apply in all exclusive economic zones and all areas of high seas in the Convention Area, excluding the Overlap Area. The requirements apply only if there is a WCPFC observer or camera monitoring device on board the fishing vessel. (b) Prior to releasing any shark that is caught during fishing operations and not brought on board the fishing vessel, the owner and operator, without compromising the safety of any persons, shall ensure that the shark is brought alongside the vessel for identification purposes. [88 FR 30679, May 12, 2023] Subpart P—Vessels on IUU Vessel Lists Source: 75 FR 59142, Sept. 27, 2010, unless otherwise noted. § 300.300 Purpose and scope. (a) This subpart implements internationally-adopted measures pertaining to foreign vessels determined to have engaged in illegal, unreported, and unregulated (IUU) fishing and placed on IUU vessel lists of the: (1) International Commission for the Conservation of Atlantic Tunas (ICCAT), (2) Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), (3) Northwest Atlantic Fisheries Organization (NAFO), (4) Western and Central Pacific Fisheries Commission (WCPFC), (5) Inter-American Tropical Tuna Commission (IATTC), and (6) Parties to the Agreement on the International Dolphin Conservation Program (AIDCP). (b) For purposes of this subpart, the above organizations are referred to as regional fishery management organizations (RFMOs). Each of these RFMOs adopts or approves an IUU vessel list in accordance with their respective rules and procedures. The lists are publicly available at each RFMO's Web site. The regulations in this subpart apply to all persons subject to the jurisdiction of the United States, wherever they are. § 300.301 Definitions. In addition to the terms defined in § 300.2, the terms used in this subpart have the following meanings. Landing Listed IUU Vessel Processing Transshipping § 300.302 Port entry by foreign, listed IUU vessels. The Assistant Administrator may, in accordance with applicable provisions of RFMO conservation and management measures, deny a foreign, listed IUU vessel entry to any port or place subject to the jurisdiction of the United States, except in cases of force majeure. § 300.303 Port access by foreign, listed IUU vessels. If a foreign, listed IUU vessel is allowed to enter a port or place subject to the jurisdiction of the United States, the Assistant Administrator may, in accordance with applicable provisions of RFMO conservation and management measures, take one or more of the following actions: (a) Inspect the vessel; (b) Deny the vessel access to port services, including but not limited to refueling, resupplying, or disembarking or embarking of crew; or (c) Prohibit the vessel from engaging in commercial transactions including, but not limited to, transshipping or landing product. § 300.304 Prohibitions. (a) It is unlawful for a foreign, listed IUU vessel denied entry under § 300.302 to enter any port or place subject to the jurisdiction of the United States. (b) It is unlawful for any foreign, listed IUU vessel to obtain port services or engage in commercial transactions, or attempt to obtain such services or engage in such transactions, if such activities have been denied or prohibited under § 300.303(b) and/or § 300.303(c), or if the vessel has been denied entry under § 300.302. (c) It is unlawful for any person, without prior authorization from the Assistant Administrator, to engage in commercial transactions with listed IUU vessels. Such transactions include, but are not limited to: (1) Transshipment; (2) Processing fish harvested or landed by a listed IUU vessel or processing fish using a listed IUU vessel; (3) Joint fishing operations; (4) Providing supplies, fuel, crew, or otherwise supporting a listed IUU vessel; or (5) Chartering or entering in a chartering arrangement with a listed IUU vessel. (d) The prohibitions listed in § 300.304(c) shall not apply when the Assistant Administrator has authorized a listed IUU vessel to access such port services or engage in such commercial transactions, in accordance with applicable provisions of RFMO conservation and management measures, including in cases of force majeure Subpart Q—International Trade Documentation and Tracking Programs Source: 81 FR 51137, Aug. 3, 2016, unless otherwise noted. § 300.320 Purpose and scope. The regulations in this subpart are issued under the authority of the Atlantic Tunas Convention Act of 1975 (ATCA), the Magnuson-Stevens Fishery Conservation and Management Act, the Tuna Conventions Act of 1950, and the Antarctic Marine Living Resources Convention Act of 1984. These regulations implement the applicable recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT) for the conservation and management of tuna and tuna-like species in the Atlantic Ocean, the Inter-American Tropical Tuna Commission (IATTC) for the conservation and management of highly migratory fish resources in the eastern Pacific Ocean, and the Commission for the Conservation of Antarctic Marine Living Resources so far as they affect vessels and persons subject to the jurisdiction of the United States. These regulations are also issued under the Marine Mammal Protection Act of 1972, the Dolphin Protection Consumer Information Act and the Security and Accountability for Every Port Act of 2006. The requirements in this subpart may be incorporated by reference in other regulations under this title. § 300.321 Definitions. ACE Implementation Guide for NMFS Aggregated Harvest Report AMLR trade program Automated Commercial Environment (ACE) Automated Export System (AES) Catch and Statistical Document/Documentation CBP Documentation and data sets required under this subpart Fish or fish products regulated under this subpart Harvest Event HMS ITP Import International Fisheries Trade Permit (or IFTP) Seafood Traceability Program TTVP [81 FR 51137, Aug. 3, 2016, as amended at 81 FR 88996, Dec. 9, 2016] § 300.322 International Fisheries Trade Permit. (a) General. (b) Application. (c) Issuance. (d) Duration. (e) Alteration. (f) Replacement. (g) Transfer. (h) Inspection. (i) Sanctions. (j) Fees. (k) Change in application information. (l) Renewal. § 300.323 Reporting and recordkeeping requirements. (a) Reporting. https://www.cbp.gov/document/guidance/appendix-pga https://www.cbp.gov/document/guidance/aestir-draft-appendix-q-pga-record-formats (b) Recordkeeping. [81 FR 88997, Dec. 9, 2016] § 300.324 Seafood Traceability Program. This section establishes a Seafood Traceability Program which has data reporting requirements at the time of entry for imported fish or fish products and recordkeeping requirements for fish or fish products entered into U.S. commerce. The data reported and retained will facilitate enforcement of section 307(1)(Q) of the Magnuson-Stevens Act and the exclusion of products from entry into U.S. commerce that are misrepresented or the product of illegal or unreported fishing. The data reporting and recordkeeping requirements under the program enable verification of the supply chain of the product offered for entry back to the harvesting event(s). In addition, the permitting requirements of § 300.322 pertain to importers of products within the scope of the program. (a)(1) For species or species groups subject to this Seafood Traceability Program, data is required to be reported and retained under this program for all fish and fish products, whether fresh, frozen, canned, pouched, or otherwise prepared in a manner that allows, including through label or declaration, the identification of the species contained in the product and the harvesting event. Data is not required to be reported or retained under this program for fish oil, slurry, sauces, sticks, balls, cakes, pudding and other similar fish products for which it is not technically or economically feasible to identify the species of fish comprising the product or the harvesting event(s) contributing to the product in the shipment. (2) The following species or species groups are subject to this Seafood Traceability Program: Atlantic Cod; Pacific Cod; Blue Crab; Red King Crab; Dolphinfish (Mahi Mahi); Grouper; Red Snapper; Sea Cucumber; Sharks; Swordfish; Tunas (Albacore, Bigeye, Skipjack, Yellowfin, and Bluefin). The harmonized tariff schedule (HTS) numbers applicable to these species or species groups are listed in the documents referenced in paragraph (c) of this section. Compliance with the requirements of the Seafood Traceability Program for these species or groups of species is mandatory beginning January 1, 2018. (3) The following species or species groups are also subject to this Seafood Traceability Program: Abalone and Shrimp. The harmonized tariff schedule (HTS) numbers applicable to these species or species groups are listed in the documents referenced in paragraph (c) of this section. The Seafood Traceability Program for these species or species groups consists of two components: (i) The data reporting requirements of paragraphs (b)(1) through (3) and (c) of this section in conjunction with § 300.323(a); and (ii) The permit requirements of § 300.322, the IFTP number reporting requirement in paragraph (b)(4) of this section in conjunction with § 300.323(a), and the recordkeeping requirements of § 300.323(b) which includes the recordkeeping of all information specified in paragraphs (b) and (e) of this section. (b) In addition to data reporting requirements applicable, pursuant to other authorities and requirements set out elsewhere in U.S. law and regulation ( e.g., (1) Information on the entity(ies) harvesting or producing the fish: Name and flag state of harvesting vessel(s) and evidence of fishing authorization; Unique vessel identifier(s) (if available); Type(s) of fishing gear used to harvest the fish; Name(s) of farm or aquaculture facility. Vessel-, farm-, or aquaculture facility-specific information is not required if the importer of record provides information from an Aggregated Harvest Report, unless the product offered for entry is subject to another NMFS program that requires data reporting or documentation at an individual vessel, farm, or aquaculture facility level. (2) Information on the fish that was harvested and processed: Species of fish (Aquatic Sciences Fishery Information System 3-alpha code as listed at http://www.fao.org/ (3) Information on where and when the fish were harvested and landed: Area(s) of wild-capture or aquaculture location; Location of aquaculture facility; Point(s) of first landing; Date(s) of first landing, transshipment or delivery; Name of entity(ies) (processor, dealer, vessel) to which fish was landed or delivered. When an Aggregated Harvest Report is used, the importer must provide all of the information under this paragraph (b)(3). Some product offered for entry may be comprised of products from more than one harvest event and each such harvest event relevant to the contents of the shipment must be documented; however, specific links between portions of the shipment and a particular harvest event are not required. (4) The NMFS-issued IFTP number for the importer of record. (c) The importer of record, either directly or through an entry filer, is required to submit the data under paragraph (b) of this section through ACE as a message set and/or image files in conformance with the procedures and formats prescribed by the NMFS Implementation Guide and CBP and made available at: http://www.cbp.gov/trade/ace/catair. (d) Import shipments of fish or fish products subject to this program may be selected for inspection and/or the information or records supporting entry may be selected for audit, on a pre- or post-release basis, in order to verify the information submitted at entry. To support such audits, the importer must retain records of the information reported at entry under paragraph (b) of this section in electronic or paper format, and make them available for inspection, at the importer's place of business for a period of two years from the date of the import. (e) In addition to the entry recordkeeping requirements specified at 19 CFR part 163 and § 300.323(b), the importer of record is required to maintain records containing information on the chain of custody of the fish or fish products sufficient to trace the fish or fish product from point of entry into U.S. commerce back to the point of harvest, including individual or Aggregated Harvest Reports, if any, and information that identifies each custodian of the fish or fish product (such as any transshipper, processor, storage facility or distributor). The latter may include widely used commercial documents such as declarations by the harvesting/carrier vessels or bills of lading. The importer must retain such chain-of-custody records in electronic or paper format, and make them available for inspection, at the importer's/exporter's place of business for a period of two years from the date of the import. [81 FR 88997, Dec. 9, 2016] § 300.325 Prohibitions. In addition to the prohibitions specified in §§ 300.4, 300.117, and 300.189 and 600.725 and 635.71 of this title, it is unlawful for any person subject to the jurisdiction of the United States to: (a) Violate any provision of this subpart, or the conditions of any IFTP issued under this subpart; (b) Import, export or re-export fish or fish products regulated under this subpart, including imports or exports otherwise eligible for informal filing procedures or the de minimis value exemption from filing requirements under CBP procedures, without a valid IFTP as required under § 300.322 or without submitting complete and accurate information as required under § 300.323; and (c) Import species listed in § 300.324(a) without a valid IFTP or without submitting complete and accurate information as required under § 300.324(b) and (c) or without maintaining for inspection records as required under § 300.324(d) and (e). [81 FR 88998, Dec. 9, 2016] Subpart R—High Seas Fisheries Authority: 16 U.S.C. 5501 et seq. Source: 80 FR 62495, Oct. 16, 2015, unless otherwise noted. Redesignated at 81 FR 51137, Aug. 3, 2016. § 300.330 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 and to ensure that such vessels do not operate in contravention of international conservation and management measures recognized by the United States. § 300.331 Definitions. In addition to the terms defined in section 300.2 and those in the Act and the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted by the Conference of the Food and Agriculture Organization of the United Nations on November 24, 1993 (Agreement), the terms used in this subpart have the following meanings. If a term is defined differently in section 300.2, the Act, or the Agreement, the definition in this section shall apply. Bottom fishing Enhanced mobile transceiver unit (EMTU) High seas High seas fishing permit High seas fishing vessel International conservation and management measures Observer Office Director Regional Administrator Transship transshipment Vessel monitoring system (VMS) § 300.332 Issuing offices. Any Regional Administrator or the Office Director may issue permits required under this subpart. While applicants for permits may submit an application to any Regional Administrator or the Office Director, applicants are encouraged to submit their applications (with envelopes marked “Attn: HSFCA Permits”) to the Regional Administrator or the Office Director with whom they normally interact on fisheries matters. § 300.333 Vessel permits. (a) Eligibility. (i) The foreign nation suspended such authorization, because the vessel undermined the effectiveness of international conservation and management measures, and the suspension has not expired; or (ii) The foreign nation, within the 3 years preceding application for a permit under this section, withdrew such authorization, because the vessel undermined the effectiveness of international conservation and management measures. (2) The restrictions in paragraphs (a)(1)(i) and (ii) of this section do not apply if ownership of the vessel has changed since the vessel undermined the effectiveness of international conservation and management measures, and the new owner has provided sufficient evidence to the Regional Administrator or Office Director demonstrating that the owner and operator at the time the vessel undermined the effectiveness of such measures have no further legal, beneficial, or financial interest in, or control of, the vessel. (3) The restrictions in paragraphs (a)(1)(i) and (ii) of this section do not apply if it is determined by the Regional Administrator or Office Director that issuing a permit would not subvert the purposes of the Agreement. (b) Applicability. (c) Application. (1) A complete, accurate application form signed by the vessel owner or operator. (2) Information required under this section and § 300.334(a). (3) A color photograph showing an entire bow-to-stern side-view of the vessel in its current form and appearance. The photograph must clearly and legibly display the vessel name and identification markings. If the vessel's form or appearance materially changes (such as the vessel is painted another color, the vessel's identification markings change, or the vessel undergoes a structural modification) the vessel owner and operator must submit a new photograph of the vessel within 15 days of the change. (4) For vessels with state registration instead of U.S. Coast Guard documentation, the applicant must supply additional vessel information that NMFS may request. (5) The fee specified in the application form. Payment by a commercial instrument later determined to be insufficiently funded will invalidate any permit. NMFS charges this fee to recover the administrative expenses of permit issuance, and the amount of the fee is determined in accordance with the procedures of the NOAA Finance Handbook. (d) Permit issuance and validity. (2) The Regional Administrator or Office Director will not issue a permit unless an EMTU has been installed and activated on the vessel in accordance with § 300.337(c)(2). (3) The Regional Administrator or Office Director will not issue a permit unless the applicant holds a valid permit for the subject vessel for any U.S. domestic fisheries related to the authorized high seas fishery. (4) Except as otherwise provided, permits issued under this subpart are valid for 5 years from the date of issuance. For a permit to remain valid to its expiration date, the vessel's U.S. Coast Guard documentation or state registration must be kept current. A permit issued under this subpart is void when the vessel owner or the name of the 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. (5) 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. (e) Display. (f) Change in application information. (g) Renewal. (h) Marine mammals and ESA-listed species. (i) Permit Status Changes. § 300.334 Fisheries authorized on the high seas. (a) General. (1) 50 CFR part 300, subpart C—Eastern Pacific Tuna Fisheries. (2) 50 CFR part 300, subpart D—South Pacific Tuna Fisheries. (3) 50 CFR part 300, subpart G—Antarctic Marine Living Resources. (4) 50 CFR part 635—Atlantic Highly Migratory Species Fisheries. (5) 50 CFR part 660, subpart K—U.S. West Coast Fisheries for Highly Migratory Species. (6) 50 CFR part 665, subpart F—Western Pacific Pelagic Fisheries. (7) South Pacific Albacore Troll Fishery. (8) Northwest Atlantic Fishery. (b) Requirements for authorized fisheries. (1) Abide by the regulations, set forth in other parts of this chapter and Chapter VI, governing those authorized fisheries while operating on the high seas; (2) Obtain and renew any appropriate permits or authorizations; and (3) Notify the Regional Administrator or Office Director who issued the permit immediately in the event that a species listed as threatened or endangered under the ESA is taken incidental to the fishing activities without authorization under a relevant incidental take statement. (c) Change in authorized fisheries. (d) Revision of authorized fisheries list. (1) The proposed fishing activities would detrimentally affect the well-being of the stock of any regulated species of fish, marine mammal, or species listed as threatened or endangered under the Endangered Species Act; (2) The proposed fishing activities would be inconsistent with relevant fishery management plans and their implementing regulations or other applicable law; (3) Insufficient mechanisms exist to effectively monitor the activities of vessels engaged in the proposed fishing activities; or (4) The proposed fishing activities would contravene international conservation and management measures recognized by the United States. (e) Request for revision of authorized fisheries list. (1) The species (target and incidental) expected to be harvested and the anticipated amounts of such harvest and bycatch; (2) The approximate times and places when fishing is expected to take place, the number and type of vessels expected to participate, and the type, size, and amount of gear expected to be used; (3) A description of the specific area that may be affected by the fishing activities; (4) A description of any anticipated impacts on the environment, including impacts on fisheries, marine mammals, and species listed as threatened or endangered under the ESA or their critical habitat; (5) Other information that addresses considerations under paragraph (d) of this section; and (6) If requested by NMFS, any additional information necessary for NMFS to conduct analyses required under applicable laws. (7) Once all required information is received to proceed with consideration of a request, NMFS will publish in the Federal Register Federal Register (f) Deletion of a fishery from the authorized fisheries list. i.e., § 300.335 Bottom fishing. (a) Bottom fishing may be permitted on the high seas when authorized by international conservation and management measures recognized by the United States. For bottom fishing activity not subject to international conservation measures recognized by the United States, a person who seeks to engage in such fishing must request authorization of a new high seas fishery as described in § 300.334(e) and then, if the fishery is authorized, must obtain all applicable permits including a high seas fishing permit issued under § 300.333. NMFS may specify conditions and restrictions in the permit to mitigate adverse impacts on VMEs, which may include the types of conditions that have been adopted in relevant RFMO measures recognized by the United States. (b) Permit. § 300.336 Vessel identification. (a) General. (b) Marking. (1) In accordance with vessel identification requirements specified in Federal fishery regulations issued under the Magnuson-Stevens Act or under other Federal fishery management statutes; or (2) In accordance with the following identification requirements: (i) A vessel must be marked with its international radio call sign (IRCS) or, if not assigned an IRCS, must be marked (in order of priority) with its Federal, state, or other documentation number appearing on its high seas fishing permit and, if a WCPFC Area Endorsement has been issued for the vessel under § 300.212, that documentation number must be preceded by the characters “USA” and a hyphen (that is, “USA-”); (ii) The markings must be displayed at all times on the vessel's side or superstructure, port and starboard, as well as on a deck; (iii) The markings must be placed so that they do not extend below the waterline, are not obscured by fishing gear, whether stowed or in use, and are clear of flow from scuppers or overboard discharges that might damage or discolor the markings; (iv) Block lettering and numbering must be used; (v) The height of the letters and numbers must be in proportion to the size of the vessel as follows: for vessels 25 meters (m) and over in length overall, the height of letters and numbers must be no less than 1.0 m; for vessels 20 m but less than 25 m in length overall, the height of letters and numbers must be no less than 0.8 m; for vessels 15 m but less than 20 m in length overall, the height of letters and numbers must be no less than 0.6 m; for vessels 12 m but less than 15 m in length overall, the height of letters and numbers must be no less than 0.4 m; for vessels 5 m but less than 12 m in length overall, the height of letters and numbers must be no less than 0.3 m; and for vessels under 5 m in length overall, the height of letters and numbers must be no less than 0.1 m; (vi) The height of the letters and numbers to be placed on decks must be no less than 0.3 m; (vii) The length of the hyphen(s), if any, must be half the height (h) of the letters and numbers; (viii) The width of the stroke for all letters, numbers, and hyphens must be h/6; (ix) The space between letters and/or numbers must not exceed h/4 nor be less than h/6; (x) The space between adjacent letters having sloping sides must not exceed h/8 nor be less than h/10; (xi) The marks must be white on a black background, or black on a white background; (xii) The background must extend to provide a border around the mark of no less than h/6; and (xiii) The marks and the background must be maintained in good condition at all times. § 300.337 Requirements for Enhanced Mobile Transceiver Units (EMTUs). (a) Vessel position information. (b) Contact information and business hours. (c) EMTU installation and activation EMTU installation. (2) EMTU activation. (i) Turn on the EMTU to make it operational; (ii) Submit a VMS Installation and Activation Certification form, or an activation report as directed by OLE, to the OLE divisional office within or nearest to the region issuing the permit under this subpart; and (iii) Receive confirmation from OLE that transmissions are being received properly from the EMTU. (d) EMTU operation. (1) In-port exemption: The EMTU may be powered down when the vessel will remain at a dock or permanent mooring for more than 72 consecutive hours and after the notice required in paragraph (d)(3) of this section is submitted to OLE. When powering up the EMTU after the in-port exemption, the vessel owner or operator must submit the report required in paragraph (d)(4) of this section at least 2 hours before leaving port or mooring. (2) Long-term exemption: The EMTU may be powered down if the vessel will not operate on the high seas, or in any fishery that requires EMTU operation, for more than 30 consecutive days and after the notice required in paragraph (d)(3) of this section is submitted. When powering up the EMTU from the long-term exemption, the vessel owner or operator must submit the report required in paragraph (d)(4) of this section. (3) Prior to each power-down of the EMTU, under paragraph (d)(1) or (2) of this section, the vessel owner or operator must report to the OLE divisional office in, or nearest, the Region issuing the permit under this subpart during business hours, via email or other means as directed by OLE: the vessel's name; the vessel's official number; the intent to power down the EMTU; the reason for power-down; the port where the vessel is docked or area where it will be operating; and the full name, telephone, and email contact information for the vessel owner or operator. (4) When powering up the EMTU, the vessel owner or operator must report to the OLE divisional office in, or nearest, the Region issuing the permit under this subpart during business hours, via email or other means as directed by OLE: The fact that the EMTU has been powered up; the vessel's name; the vessel's official number; port name; intended fishery; and full name, telephone, and email contact information for the vessel owner or operator. (5) If the EMTU is powered up after a long-term or in-port exemption, the vessel owner must receive confirmation from the OLE divisional office in, or nearest, the Region issuing the permit under this subpart that EMTU transmissions are being received properly before leaving port, entering the high seas, or entering a fishery that requires EMTU operation. (e) Failure of EMTU. (1) If the vessel is in port, the vessel owner or operator shall repair or replace the EMTU and comply with the requirements in paragraph (c)(2) of this section before the vessel leaves port. (2) If the vessel is at sea, the vessel owner, operator, or designee shall contact the OLE divisional office in, or nearest, the Region issuing the permit under this subpart by telephone or email at the earliest opportunity during business hours and identify the caller, vessel name, vessel location, and the type of fishing permit(s). The vessel operator shall follow the instructions provided by the OLE divisional office, which could include: Ceasing fishing, stowing fishing gear, returning to port, or submitting periodic position reports at specified intervals by other means. The vessel owner or operator must repair or replace the EMTU and comply with the requirements in paragraph (c)(2) of this section within 30 days or before the vessel leaves port, whichever is sooner. (f) Related VMS requirements. (1) On the high seas, the EMTU is operated continuously and position information is automatically transmitted a minimum of once every hour; (2) The EMTU is type-approved by NMFS; (3) OLE is authorized to receive and relay transmissions from the EMTU; and (4) The requirements of paragraph (d) of this section are complied with. If the EMTU is owned by NMFS, the requirement under paragraph (e) of this section to repair or replace the EMTU will be the responsibility of NMFS, but the vessel owner and operator shall be responsible for ensuring that the EMTU complies with the requirements specified in paragraph (c)(2) of this section before the vessel leaves port. (g) Costs. (h) Tampering. (i) Inspection. (j) Access to data. (k) Communication devices. § 300.338 Observers. (a) Where observer coverage is not otherwise required by other regulations or relevant RFMO conservation and management measures, NMFS may select for at-sea observer coverage any vessel that has been issued a high seas fishing permit. A vessel so selected by NMFS must carry an observer when directed to do so. (b) NMFS will contact a vessel owner, in writing, when his or her vessel is selected for observer coverage under this section. (c) A vessel shall not fish on the high seas without taking an observer if NMFS contacted the vessel owner under paragraph (b) of this section, or if so required as a condition of a permit issued under this subpart or pursuant to other legal authorities, unless the requirement to carry an observer has been waived under paragraph (d) of this section. (d) The vessel owner that NMFS contacts under paragraph (b) of this section must notify NMFS of his or her next fishing trip that may take place on the high seas before commencing the fishing trip. NMFS will specify the notification procedures and information requirements, such as expected gear deployment, trip duration and fishing area, in its selection letter. Once notified of a trip by the vessel owner, NMFS will assign an observer for that trip or notify the vessel owner that coverage pursuant to this subpart is not required, given the existing requirement for observer coverage under other legal authorities. (e) The owner, operator, and crew of a vessel on which a NMFS-approved observer is assigned must comply with safety regulations at §§ 600.725 and 600.746 of this title and— (1) Facilitate the safe embarkation and debarkation of the observer. (2) Provide the observer with accommodations, food, and amenities that are equivalent of those provided to vessel officers. (3) Allow the observer access to all areas of the vessel necessary to conduct observer duties. (4) Allow the observer free and unobstructed access to the vessel's bridge, working decks, holding bins, weight scales, holds, and any other space used to hold, process, weigh, or store fish. (5) Allow the observer access to EMTUs, communications equipment, and navigation equipment to verify operation, obtain data, and use the communication capabilities of the units for official purposes. (6) Allow the observer to inspect and copy the vessel's log, communications logs, and any records associated with the catch and disposition of fish for that trip. (7) Provide accurate vessel locations by latitude and longitude upon request by the observer. (8) Provide access to sea turtle, marine mammal, sea bird, or other specimens as requested by the observer. (9) Notify the observer in a timely fashion when commercial fishing activity is to begin and end. (f) The permit holder, vessel operator, and crew must cooperate with the observer in the performance of the observer's duties. (g) The permit holder, vessel operator, and crew must comply with other terms and conditions to ensure the effective deployment and use of observers that the Regional Administrator or Office Director imposes by written notice. § 300.339 Transshipment on the high seas. (a) In addition to any other applicable restrictions on transshipment, including those under parts 300 and 635 of this title, the following requirements apply to transshipments, when authorized, taking place on the high seas: (1) The owner or operator of a U.S. vessel receiving or offloading fish on the high seas shall provide a notice by fax or email to the Regional Administrator or the Office Director at least 36 hours prior to any intended transshipment on the high seas with the following information: the vessels offloading and receiving the transshipment (names, official numbers, and vessel types); the location (latitude and longitude to the nearest tenth of a degree) of transshipment; date and time that transshipment is expected to occur; and species, processed state, and quantities (in metric tons) expected to be transshipped. If another requirement for prior notice applies, the more restrictive requirement ( i.e., (2) U.S. high seas fishing vessels shall report transshipments on the high seas to the Regional Administrator or Office Director within 15 calendar days after the vessel first enters into port, using the form obtained from the Regional Administrator or Office Director. If there are applicable transshipment reporting requirements in other parts of this title, the more restrictive requirement ( e.g., (b) [Reserved] § 300.340 Prohibitions. In addition to the prohibitions in § 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) Fish on the high seas unless the vessel has been issued, and has on board, a valid permit issued under § 300.333(d). (c) Fish on the high seas unless the vessel has been issued, and has on board, valid permits related to the authorized fisheries noted on the high seas fishing permit, as required under § 300.334(b). (d) Operate a high seas fishing vessel on the high seas that is not marked in accordance with § 300.336. (e) With respect to the EMTU, (1) Fail to install, activate, or continuously operate a properly functioning and type-approved EMTU as required in § 300.337; (2) Power-down or power-up the EMTU without following the procedures required in § 300.337; (3) In the event of EMTU failure or interruption, fail to repair or replace an EMTU, fail to notify the appropriate OLE divisional office and follow the instructions provided, or otherwise fail to act as required in § 300.337; (4) Disable, destroy, damage or operate improperly an EMTU installed under § 300.337, attempt to do any of the same, or fail to ensure that its operation is not impeded or interfered with, as provided in § 300.337; (5) Fail to make an EMTU installed under § 300.337 or the position data obtained from it available for inspection, as provided in § 300.337; or (6) Fail to carry on board and monitor communication devices as required in § 300.337(l); (f) With respect to observers, (1) Fail to provide to an observer, a NMFS employee, or a designated observer provider, information that has been requested pursuant to § 300.338 or § 600.746 of this title, or fail to allow an observer, a NMFS employee, or a designated observer provider to inspect any item described at § 300.338 or § 600.746 of this title; (2) Fish without an observer when the vessel is required to carry an observer pursuant to § 300.338(c); (3) Assault, oppose, harass, impede, intimidate, or interfere with an observer; (4) Prohibit or bar by command, impediment, threat, coercion, interference, or refusal of reasonable assistance, an observer from conducting his or her duties as an observer; or (5) Tamper with or destroy samples or equipment. (g) Fail to submit a prior notice or a report of a transshipment as provided in § 300.339(b) of this title. (h) Fail to comply with reporting requirements as provided in § 300.341. § 300.341 Reporting. (a) General. (1) The vessel owner and operator are responsible for obtaining and completing the reporting forms from the Regional Administrator or Office Director who issued the permit holder's high seas fishing permit. The completed forms must be submitted to the same Regional Administrator or Office Director or, if directed by NMFS, to a Science Center. (2) Reports must be submitted within the deadline provided for in the authorized fishery or within 15 days following the end of a fishing trip, whichever is sooner. Contact information for the Regional Administrators and Science Center Directors can be found on the NMFS Web site. (b) [Reserved]

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