[Federal Register Volume 61, Number 130 (Friday, July 5, 1996)] [Rules and Regulations] [Pages 35548-35579] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-16723] [[Page 35547]] _______________________________________________________________________ Part V Department of Commerce _______________________________________________________________________ National Oceanic and Atmospheric Administration _______________________________________________________________________ 15 CFR Part 902 50 CFR Parts 246, et al. International Fisheries; Consolidation of Regulations; Technical Amendment; OMB Control Numbers; Final Rule Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations [[Page 35548]] DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 902 50 CFR Parts 246, 280, 281, 282, 298, 299, 679, 695, and Chapter III [Docket No. 960419115-6178-02; I.D. 032196A] RIN 0648-AI22 International Fisheries; Consolidation of Regulations; Technical Amendment; OMB Control Numbers AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: NMFS is consolidating 10 CFR parts into one part that contains regulations governing international fisheries in the U.S. Exclusive Economic Zone (EEZ) and on the high seas. All but one of the consolidated parts implement an international agreement, convention, or treaty to which the United States is a party. The consolidated text is reorganized into a more logical and cohesive order, duplicative and outdated provisions are eliminated, and editorial changes are made for readability, clarity, and uniformity. Framework procedures are added for the specifications of annual management measures under two parts. In addition, an obsolete CFR part is removed. This final rule amends references to Paperwork Reduction Act (PRA) information-collection requirements to reflect the consolidation. This final rule also contains a technical amendment to 50 CFR part 679, Fisheries of the EEZ off Alaska, to bring cross references into conformance. The purpose of this final rule is to make the regulations more concise, better organized and, therefore, easier for the public to use. This action is part of the President's Regulatory Reinvention Initiative. EFFECTIVE DATE: July 1, 1996. FOR FURTHER INFORMATION CONTACT: Robert Gorrell, Team Leader, West Coast & Western Pacific Team, Office of Fisheries Conservation and Management, NMFS, 301-713-2343. SUPPLEMENTARY INFORMATION: The Regulatory Reinvention Initiative is part of the National Performance Review calling for comprehensive regulatory reform with an emphasis on eliminating or modifying regulations that are obsolete, duplicative, or otherwise in need of reform. Currently, regulations governing international fisheries, other than whaling and Atlantic highly migratory species, are contained in 11 separate parts of title 50 of the CFR. NMFS is removing nine of the parts (parts 246 (Marking of Containers or Packages), 280 (Pacific Tuna Fisheries), 282 (South Pacific Tuna Fisheries), 298 (United States- Canada Fisheries Enforcement Agreement), 299 (U.S. Nationals Fishing in the Russian Fisheries), 301 (Pacific Halibut Fisheries), 371 (Fraser River Sockeye and Pink Salmon Fisheries), 380 (Antarctic Marine Living Resources Convention Act of 1984), and 695 (Vessels of the United States Fishing in Columbian Treaty Waters)) to consolidate the regulations contained therein with the existing regulations in part 300 (High Seas Fisheries). NMFS also is eliminating part 281 (Restrictions on Tuna Imports) as no longer necessary. The consolidated regulations provide the public with a single reference source for the regulations applying to international fisheries. Consolidation results in one set of regulations that is more concise, clearer, and easier to use than the existing regulations found in 11 separate parts. NMFS is also simplifying and shortening provisions of the new part 300, including the removal of duplicative, nonessential, and obsolete provisions. Five types of substantive revisions are made by this rule: (1) Subpart A--General includes a definitions section (Sec. 300.2) with general applicability throughout the part; (2) subpart A--General includes both a general prohibitions section (Sec. 300.4) and a facilitation of enforcement section (Sec. 300.5) containing provisions that are applicable to many situations; (3) subpart E--Pacific Halibut Fisheries greatly reduces the existing Pacific halibut regulations by eliminating from the code all but one (fishing by U.S. treaty Indian tribes (Sec. 300.64)) of the existing sections containing management measures and substituting a new International Pacific Halibut Commission (IPHC) annual management measures section (for publishing the IPHC regulations by single notice in the Federal Register) (Sec. 300.62) and a new catch sharing plan and domestic management section (for the Assistant Administrator and the appropriate Regional Fishery Management Council to develop plans to apportion catch limits adopted by the IPHC and implement domestic management measures by preliminary and final notices in the Federal Register) (Sec. 300.63); (4) subpart H--Antarctic Marine Living Resources would establish a framework procedure by which NMFS would publish annual management measures by single notice in the Federal Register, rather than by codified rules; and (5) part 281--Restrictions on Tuna Imports is eliminated because there have not been yellowfin quotas under the Convention for the Establishment of an Inter-American Tropical Tuna Commission for approximately 2 decades. All management measures adopted by the IPHC and NMFS and currently in effect (50 CFR part 301 recodified as 50 CFR part 300 subpart E by this rule with 1996 revisions published at 61 FR 11337, March 20, 1996) will continue in effect until replaced by management measures in 1997 to be published in the Federal Register pursuant to Secs. 300.62 and 300.63 of this rule. All management measures adopted by the Commission for the Conservation of Antarctic Marine Living Resources (Commission) and published on March 5, 1996 (61 FR 8483), as well as other Commission measures still in effect, will continue in effect until replaced in 1997 by management measures to be published in the Federal Register under the framework procedures at Sec. 300.111. NMFS published a proposed rule at 61 FR 25443 (May 21, 1996), requesting comments through June 14, 1996. No comments were received. Additional background and rationale for this rule appear in the proposed rule, with expanded discussion of substantive changes, especially the decodification of the IPHC's regulations and NMFS' catch sharing regulations as well as the establishment of broad framework procedures for future Antarctic regulatory changes. This final rule is the same as the proposed rule except for a technical amendment to 50 CFR part 679 and for the amendment of references to previously approved collections of information. References to Other Rules NMFS, in another rulemaking published June 24, 1996, at 61 FR 32538, consolidated general provisions of the Magnuson Fishery Conservation and Management Act into 50 CFR part 600. Because some of the general provisions to be consolidated into part 600 apply to several international fisheries regulations being consolidated in this rule, the regulatory text in this rule includes references to the consolidated part 600, rather than to existing codified text. [[Page 35549]] Changes From the Proposed Rule (1) Technical Amendment to 50 CFR Part 679 This final rule contains a technical amendment to 50 CFR part 679. As part of the President's Regulatory Reform Initiative, NMFS issued a final rule (61 FR 31228, June 19, 1996) removing six parts in title 50 of the CFR (50 CFR parts 671, 672, 673, 675, 676, and 677) and consolidating the regulations contained therein into one new part (50 CFR part 679). No substantive changes were made to the regulations by the consolidation of the six parts. The new part 679 reference 50 CFR part 301 in several places. However, under this final rule, part 301 is removed and the regulations contained therein have been consolidated under subpart E of part 300. Therefore, references to part 301 in the new Sec. 679.2(1) under the definition of ``IFQ regulatory area'' and the definition for ``IPHC'', Sec. 679.3(c), Sec. 679.4(d)(1) introductory text and (f)(1)(i), Sec. 679.5(l) introductory text, Sec. 679.7(a)(6)(i), (b)(3), (f)(4), and (f)(11)(i), Sec. 679.21(b)(1), Sec. 679.23(e)(4)(i) and (f), Sec. 679.24 introductory paragraph, Sec. 679.30(b)(1)(ii), and Sec. 679.40 introductory paragraph, are revised to reference subpart E of part 300. Section 679.3, paragraph (a) references regulations governing U.S. nationals fishing in Russian fisheries as set forth in 50 CFR part 299. This final rule removes part 299 and consolidates the measures contained therein under subpart J of part 300. Therefore, Sec. 679.3(a) is revised to reference part 300. (2) References to Collections of Information Section 3506(c)(B)(i) of the PRA requires that agencies inventory and display a current control assigned by the Director, Office of Management and Budget (OMB), for each agency information collection. Section 902.1(b) identifies the location of NOAA regulations for which OMB approval numbers have been issued. This final rule amends references to previously approved collections of information in the table in Sec. 902.1(b). Under NOAA Administrative Order 205-11, 7.01, dated December 17, 1990, the Under Secretary for Oceans and Atmosphere has delegated, to the Assistant Administrator, the authority to sign material for publication in the Federal Register. Classification This final rule has been determined to be not significant for purposes of E.O. 12866. The Assistant General Counsel for Legislation and Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this final rule would not have a significant economic impact on a substantial number of small entities. The reasons were published in the proposed rule (61 FR 25443, May 21, 1996). As a result, a regulatory flexibility analysis was not prepared. Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information, subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number. This rule contains collection-of-information requirements subject to the PRA that were previously approved by OMB under the following approval numbers: a. Approved under 0648-0304--High seas fisheries, vessel permits (Sec. 300.13), estimated at .5 hours per response. b. Approved under 0648-0148--Pacific tuna fisheries, yellowfin tuna recordkeeping and written reports (Sec. 300.22), estimated at .1 hours per response. c. Approved under 0648-0202--Pacific bluefin tuna dealer permits (Sec. 300.24), estimated at .083 hours per response. d. Approved under 0648-0239--Pacific bluefin tuna dealer recordkeeping and reporting (Sec. 300.25), estimated at .25 hours per response. e. Approved under 0648-0239--Pacific tuna fisheries, Pacific bluefin tuna affixing of tags (Sec. 300.26(c)), estimated at .017 hours per response. f. Approved under 0648-0239--Pacific tuna fisheries, Pacific bluefin tuna removal of tags (Sec. 300.26(d)), estimated at .017 hours per response. g. Approved under 0648-0218--South Pacific tuna fisheries, vessel licenses (Sec. 300.32), estimated at .25 hours per response. h. Approved under 0648-0306--South Pacific tuna fisheries, reporting requirements (Sec. 300.34), estimated at .25 hours per marking. i. Approved under 0648-0306--South Pacific tuna fisheries, vessel and gear identification (Sec. 300.35), estimated at .25 hours per marking. j. Approved under 0648-0194--Antarctic marine living resources, procedure for according protection to CCAMLR ecosystem monitoring program sites, general (Sec. 300.103(a)), estimated at 1 hour per response. k. Approved under 0648-0194--Antarctic marine living resources, scientific research (Sec. 300.104(d)), estimated at 80 hours per response. l. Approved under 0648-0194--Antarctic marine living resources, scientific research (Sec. 300.104(e)), estimated at .25 hours per response. m. Approved under 0648-0194--Antarctic marine living resources, initiating a new fishery (Sec. 300.105(c)), estimated at 16 hours per response. n. Approved under 0648-0194--Antarctic marine living resources, exploratory fishing (Sec. 300.106(e)), estimated at 40 hours per response. o. Approved under 0648-0306--Antarctic marine living resources, vessel identification (Sec. 300.108(a)), estimated at .25 hours per marking. p. Approved under 0648-0305--Antarctic marine living resources, gear identification (Sec. 300.108(c)), estimated at .25 hours per marking. q. Approved under 0648-0194--Antarctic marine living resources, harvesting permits (Sec. 300.112), estimated at .5 hours per response. r. Approved under 0648-0194--Antarctic marine living resources, import permits (Sec. 300.113), estimated at .5 hours per response. s. Approved under 0648-0205--Vessels of the United States fishing in Colombian Treaty waters, certificates and permits (Sec. 300.123), estimated at .33 hours per response. t. Approved under 0648-0016--Vessels of the United States fishing in Colombian Treaty waters, recordkeeping and reporting (Sec. 300.124(b)), estimated at .22 hours per response. u. Approved under 0648-0306--Vessels of the United States fishing in Colombian Treaty waters, vessel identification (Sec. 300.125), estimated at .25 hours per marking. v. Approved under 0648-0228--U.S. nationals fishing in Russian fisheries, permit procedures (Sec. 300.152), estimated at .5 hours per response. w. Approved under 0648-0228--U.S. nationals fishing in Russian fisheries, permit issuance, copies (Sec. 300.153(b)), estimated at .167 hours per response. x. Approved under 0648-0228--U.S. nationals fishing in Russian fisheries, recordkeeping and reporting, vessel permit abstract report (Sec. 300.154(b)), estimated at .5 hours per response. y. Approved under 0648-0228--U.S. nationals fishing in Russian fisheries, recordkeeping and reporting, activity reports (Sec. 300.154(c)), estimated at .5 hours per response. z. Approved under 0648-0228--U.S. nationals fishing in Russian fisheries, recordkeeping and reporting, recordkeeping (Sec. 300.154(d)), estimated at .083 hours per response. The estimated response times shown include the time for reviewing [[Page 35550]] instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. List of Subjects 15 CFR Part 902 Reporting and recordkeeping requirements. 50 CFR Part 246 Exports, Fish, Imports, Labeling, Reporting and recordkeeping requirements, Transportation, Wildlife. 50 CFR Parts 280 and 282 Fisheries, Reporting and recordkeeping requirements, Treaties. 50 CFR Part 281 Fisheries, Imports, Treaties. 50 CFR Part 298 Canada, Fisheries, Treaties. 50 CFR Part 299 Fisheries, Reporting and recordkeeping requirements, Russian Federation, Treaties. 50 CFR Part 300 Fisheries, High seas fishing, International agreements, Reporting and recordkeeping requirements, Permits. 50 CFR Parts 301 and 695 Fisheries, Fishing, Reporting and recordkeeping requirements, Treaties. 50 CFR Part 371 Canada, Fisheries, Fishing, Indians, Treaties. 50 CFR Part 380 Administrative practice and procedure, Antarctica, Fish, Imports, Marine resources, Reporting and recordkeeping requirements, Treaties, Wildlife. 50 CFR Part 679 Fisheries, Reporting and recordkeeping requirements. Dated: June 26, 1996. Gary Matlock, Program Management Officer, National Marine Fisheries Service. For the reasons set out in the preamble, 15 CFR chapter IX and 50 CFR chapters II, III, and VI are amended as follows: 15 CFR Chapter IX PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS 1. The authority citation for part 902 continues to read as follows: Authority: 44 U.S.C. 3501 et seq. 2. In Sec. 902.1, paragraph (b), the table is amended by removing in the left column under 50 CFR, the entries ``280.10'', ``280.50'', ``280.51'', ``280.53'', ``282.3'', ``282.5'', ``282.6'', ``299.3'', ``299.4'', ``299.5'', ``300.4'', ``380.4'', ``380.5'', ``380.6'', ``380.8'', ``380.20'', ``380.24'', ``380.28'', ``695.4'', ``695.5'', and ``696.6'', and by removing in the right column the control numbers in corresponding positions; and by adding, in numerical order, the following entries to read as follows: Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork Reduction Act. * * * * * (b) * * * ------------------------------------------------------------------------ Current OMB control CFR part or section where the information collection number (all requirement is located numbers begin with 0648-) ------------------------------------------------------------------------ * * * * * 50 CFR * * * * * 300.13..................................................... -0304 300.22..................................................... -0148 300.24..................................................... -0202 300.25..................................................... -0239 300.26(c).................................................. -0239 300.26(d).................................................. -0239 300.32..................................................... -0218 300.34..................................................... -0306 300.35..................................................... -0306 300.103(a)................................................. -0194 300.104(d)................................................. -0194 300.104(e)................................................. -0194 300.105(c)................................................. -0194 300.106(e)................................................. -0194 300.108(a)................................................. -0306 300.108(c)................................................. -0305 300.112.................................................... -0194 300.113.................................................... -0194 300.123.................................................... -0205 300.124(b)................................................. -0016 300.125.................................................... -0306 300.152.................................................... -0228 300.153(b)................................................. -0228 300.154(b)................................................. -0228 300.154(c)................................................. -0228 300.154(d)................................................. -0228 * * * * * ------------------------------------------------------------------------ 50 CFR Chapter II PARTS 246, 280, 281, 282, 298, and 299 [REMOVED] 3. Under the authority of 16 U.S.C. 3371-3378, 16 U.S.C. 951-961 and 971 et seq., 16 U.S.C. 973-973r, and 16 U.S.C. 1801 et seq., 50 CFR parts 246, 280, 281, 282, 298, and 299 are removed and subchapter L is vacated. 50 CFR Chapter III 4. Chapter III is revised to read as follows: Chapter III--International Fishing and Related Activities PART 300--INTERNATIONAL FISHERIES REGULATIONS Subpart A--General Sec. 300.1 Purpose and scope. 300.2 Definitions. 300.3 Relation to other laws. 300.4 General prohibitions. 300.5 Facilitation of enforcement. Subpart B--High Seas Fisheries 300.10 Purpose. 300.11 Definitions. 300.12 Issuing offices. 300.13 Vessel permits. 300.14 Vessel and gear identification. [Reserved] 300.15 Prohibitions. 300.16 Penalties. 300.17 Reporting and recordkeeping. [Reserved] Subpart C--Pacific Tuna Fisheries 300.20 Purpose and scope. 300.21 Definitions. 300.22 Yellowfin Tuna--Recordkeeping and written reports. 300.23 Yellowfin Tuna--Persons and vessels exempted. 300.24 Pacific Bluefin Tuna--Dealer permits. 300.25 Pacific Bluefin Tuna--Dealer recordkeeping and reporting. 300.26 Pacific Bluefin Tuna--Tags. 300.27 Pacific Bluefin Tuna--Documentation requirements. 300.28 Pacific Bluefin Tuna--Prohibitions. Subpart D--South Pacific Tuna Fisheries 300.30 Purpose and scope. 300.31 Definitions. 300.32 Vessel licenses. 300.33 Compliance with applicable national laws. 300.34 Reporting requirements. 300.35 Vessel and gear identification. 300.36 Closed area stowage requirements. 300.37 Radio monitoring. 300.38 Prohibitions. 300.39 Exceptions. 300.40 Civil penalties. 300.41 Investigation notification. 300.42 Findings leading to removal from fishing area. [[Page 35551]] 300.43 Observers. 300.44 Other inspections. Subpart E--Pacific Halibut Fisheries 300.60 Purpose and scope. 300.61 Definitions. 300.62 Annual management measures. 300.63 Catch sharing plans and domestic management measures. 300.64 Fishing by U.S. treaty Indian tribes. 300.65 Prohibitions. Subpart F--Fraser River Sockeye and Pink Salmon Fisheries 300.90 Purpose and scope. 300.91 Definitions. 300.92 Relation to other laws. 300.93 Reporting requirements. 300.94 Prohibitions and restrictions. 300.95 Treaty Indian fisheries. 300.96 Penalties. 300.97 Inseason orders. Subpart G--Antarctic Marine Living Resources 300.100 Purpose and scope. 300.101 Definitions. 300.102 Relationship to other treaties, conventions, laws, and regulations. 300.103 Procedure for according protection to CCAMLR Ecosystem Monitoring Program Sites. 300.104 Scientific research. 300.105 Initiating a new fishery. 300.106 Exploratory fisheries. 300.107 Reporting and recordkeeping requirements. 300.108 Vessel and gear identification. 300.109 Gear disposal. 300.110 Mesh size. 300.111 Framework for annual management measures. 300.112 Harvesting permits. 300.113 Import permits. 300.114 Appointment of a designated representative. 300.115 Prohibitions. 300.116 Facilitation of enforcement and inspection. 300.117 Penalties. Figure 1 to Subpart G--Boundaries of the Statistical Reporting Area in the Southern Ocean Figure 2 to Subpart G--The Use of Streamer Lines to Minimize the Incidental Mortality of Seabirds in the Course of Longline Fishing or Longline Fishing Research Operations in the Convention Area Subpart H--Vessels of the United States Fishing in Colombian Treaty Waters 300.120 Purpose. 300.121 Definitions. 300.122 Relation to other laws. 300.123 Certificates and permits. 300.124 Recordkeeping and reporting. 300.125 Vessel identification. 300.126 Prohibitions. 300.127 Facilitation of enforcement. 300.128 Penalties. 300.129 Fishing year. 300.130 Vessel and gear restrictions. 300.131 Conch harvest limitations. 300.132 Lobster harvest limitations. Subpart I--United States-Canada Fisheries Enforcement 300.140 Purpose and scope. 300.141 Definitions. 300.142 Prohibitions. 300.143 Facilitation of enforcement. 300.144 Penalties and sanctions. Subpart J--U.S. Nationals Fishing in Russian Fisheries 300.150 Purpose. 300.151 Definitions. 300.152 Procedures. 300.153 Permit issuance. 300.154 Recordkeeping and reporting. 300.155 Requirements. 300.156 Prohibited acts. 300.157 Penalties. Subpart K--Transportation and Labeling of Fish or Wildlife 300.160 Requirement for marking of containers or packages. 300.161 Alternatives and exceptions. Subpart A--General Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 951-961 and 971 et seq.; 16 U.S.C. 973-973r; 16 U.S.C. 2431 et seq.; 16 U.S.C. 3371- 3378; 16 U.S.C. 3636(b); 16 U.S.C. 5501 et seq.; and 16 U.S.C. 1801 et seq. Sec. 300.1 Purpose and scope. The purpose of this part is to implement the fishery conservation and management measures provided for in the international treaties, conventions, or agreements specified in each subpart, as well as certain provisions of the Lacey Act Amendments of 1981. The regulations in this part apply, except where otherwise specified in this part, to all persons and all places subject to the jurisdiction of the United States under the acts implemented under each subpart. Sec. 300.2 Definitions. In addition to the definitions in each act, agreement, convention, or treaty specified in subparts B through K of this part, the terms used in this part have the following meanings: Assistant Administrator means the Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration, Department of Commerce, or a designee. Address: Room 14555, 1315 East-West Highway, Silver Spring, MD 20910. Authorized officer means: (1) Any commissioned, warrant, or petty officer of the U.S. Coast Guard; or any U.S. Coast Guard personnel accompanying and acting under the direction of a commissioned, warrant, or petty officer of the U.S. Coast Guard; (2) Any special agent or fisheries enforcement officer of NMFS; or (3) Any person designated by the head of any Federal or state agency that has entered into an agreement with the Secretary of Commerce or the Commandant of the U.S. Coast Guard to enforce the provisions of any statute administered by the Secretary. CCAMLR inspector means a person designated by a member of the Commission for the Conservation of Antarctic Marine Living Resources as an inspector under Article XXIV of the Convention on the Conservation of Antarctic Marine Living Resources to verify compliance with measures in effect under the Convention. Director, Alaska Region, means Director, Alaska Region, NMFS, 709 West Ninth Street, Suite 401, P.O. Box 21668, Juneau, AK 99802, or a designee. Director, Northeast Region, means Director, Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930-2298, or a designee. Director, Northwest Region, means Director, Northwest Region, NMFS, 7600 Sand Point Way, N.E., BIN C15700, Bldg. 1, Seattle, WA 98115, or a designee. Director, Southeast Fisheries Science Center, means Director, Science and Research, Southeast Fisheries Science Center, NMFS, 75 Virginia Beach Drive, Miami, FL 33149, or a designee. Director, Southeast Region, means Director, Southeast Region, NMFS, 9721 Executive Center Drive, N., St. Petersburg, FL 33702, or a designee. Director, Southwest Region, means Director, Southwest Region, NMFS, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA 90802-4213, or a designee. Exclusive Economic Zone or EEZ means the zone established by Presidential Proclamation 5030, dated March 10, 1983, as defined in 16 U.S.C. 1802(6). Fishing or to fish means: (1) The catching or taking of fish; (2) The attempted catching or taking of fish; (3) Any other activity that can reasonably be expected to result in the catching or taking of fish; or (4) Any operations at sea in support of, or in preparation for, any activity described in paragraphs (1) through (3) of this definition. Fishing vessel means any vessel, boat, ship, or other craft that is used for, equipped to be used for, or of a type normally used for fishing. IATTC means the Inter-American Tropical Tuna Commission, established pursuant to the Convention for the Establishment of an Inter-American Tropical Tuna Commission. Import means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place [[Page 35552]] subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction, constitutes an importation within the meaning of the customs laws of the United States. IRCS means International Radio Call Sign. Magnuson Act means the Magnuson Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq. National of the United States or U.S. national means any person subject to the jurisdiction of the United States, including, but not limited to, a citizen or resident of the United States, or a person employed on a vessel of the United States. In the case of a corporation, partnership or other non- natural person, this includes, but is not limited to, any entity that is the owner of a vessel of the United States. NMFS means the National Marine Fisheries Service, NOAA, Department of Commerce. NMFS Headquarters means NMFS, 1315 East-West Highway, Silver Spring, MD 20910. Attention: Office of Fisheries Conservation and Management. Official number means the documentation number issued by the USCG or the certificate number issued by a state or the USCG for an undocumented vessel, or any equivalent number if the vessel is registered in a foreign nation. Operator means, with respect to any vessel, the master or other individual aboard and in charge of that vessel. Owner means, with respect to any vessel: (1) Any person who owns that vessel in whole or part (whether or not the vessel is leased or chartered); (2) Any charterer of the vessel, whether bareboat, time, or voyage; (3) Any person who acts in the capacity of a charterer, including but not limited to parties to a management agreement, operating agreement, or any similar agreement that bestows control over the destination, function, or operation of the vessel; or (4) Any agent designated as such by a person described in this definition. Person means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized, or existing under the laws of any state), and any Federal, state, local, or foreign government or any entity of any such government. Secretary means the Secretary of Commerce or a designee. USCG means the United States Coast Guard. Yellowfin tuna means any fish of the species Thunnus albacares (synonomy: Neothunnus macropterus). Sec. 300.3 Relation to other laws. Other laws that may apply to fishing activities addressed herein are set forth in Sec. 600.705 of chapter VI of this title. Sec. 300.4 General prohibitions. It is unlawful for any person subject to the jurisdiction of the United States to: (a) Violate the conditions or restrictions of a permit issued under this part. (b) Fail to submit information, fail to submit information in a timely manner, or submit false or inaccurate information, with respect to any information required to be submitted, reported, communicated, or recorded pursuant to this part. (c) Make any false statement, oral or written, to an authorized officer concerning the catching, taking, harvesting, possession, landing, purchase, sale, or transfer of fish, or concerning any other matter subject to investigation by that officer under this part. (d) Conceal any material fact (including by omission), concerning any matter subject to investigation by an authorized officer under this part. (e) Refuse to allow an authorized officer to inspect any report or record required to be made or kept under this part. (f) Falsify, cover, or otherwise obscure, the name, home port, official number (if any), or any other similar marking or identification of any fishing vessel subject to this part such that the vessel cannot be readily identified from an enforcement vessel or aircraft. (g) Fail to comply immediately with any of the enforcement and boarding procedures specified in this part. (h) Refuse to allow an authorized officer to board a fishing vessel, or enter any other area of custody (i.e., any vessel, building, vehicle, live car, pound, pier, or dock facility where fish might be found) subject to such person's control, for the purpose of conducting any inspection, search, seizure, investigation, or arrest in connection with the enforcement of this part or any other applicable law. (i) Destroy, stave, or dispose of in any manner, any fish, gear, cargo, or other matter, upon any communication or signal from an authorized officer of the United States, or upon the approach of such an officer, enforcement vessel, or aircraft, before the officer has had the opportunity to inspect same, or in contravention of directions from such an officer. (j) Intentionally destroy evidence that could be used to determine if a violation of this part has occurred. (k) Assault, resist, oppose, impede, intimidate, threaten, obstruct, delay, prevent, or interfere, in any manner, with an authorized officer in the conduct of any boarding, inspection, search, seizure, investigation, or arrest in connection with enforcement of this part. (l) Resist a lawful arrest or detention for any act prohibited by this part. (m) Interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of another person, knowing that such person has committed any act prohibited by this part. (n) Interfere with, obstruct, delay, or prevent, by any means, an investigation, search, seizure, or disposition of seized property in connection with enforcement of this part. (o) Ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any living marine resource taken or retained in violation of this part. (p) Violate any provision of any statute implemented by this part. (q) Attempt to do any of the foregoing. Sec. 300.5 Facilitation of enforcement. (a) Compliance. The operator of, or any other person aboard, any fishing vessel subject to this part must immediately comply with instructions and signals issued by an authorized officer or CCAMLR inspector to stop the vessel, and with instructions to facilitate safe boarding and inspection of the vessel, its gear, equipment, fishing record (where applicable), and catch for purposes of enforcing this part. (b) Communications. (1) Upon being approached by a USCG vessel or aircraft, or other vessel or aircraft with an authorized officer or CCAMLR inspector aboard, the operator of a fishing vessel must be alert for communications conveying enforcement instructions. (2) VHF-FM radiotelephone is the preferred method of communicating between vessels. If the size of the vessel and the wind, sea, and visibility conditions allow, a loudhailer may be used instead of the radio. Hand signals, placards, high frequency radiotelephone, voice, flags, whistle or horn may be employed by an authorized officer or CCAMLR inspector, and message blocks may be dropped from an aircraft. (3) If other communications are not practicable, visual signals may be transmitted by flashing light directed at the vessel signaled. USCG units will normally use the flashing light signal ``L'' which, in the International Code of Signals, means ``you should stop your vessel instantly.'' [[Page 35553]] (4) Failure of a vessel's operator promptly to stop the vessel when directed to do so by an authorized officer or CCAMLR inspector, or by an enforcement vessel or aircraft, using loudhailer, radiotelephone, flashing light, flags, whistle, horn or other means constitutes prima facie evidence of the offense of refusal to allow an authorized officer or CCAMLR inspector to board. (5) A person aboard a vessel who does not understand a signal from an enforcement unit and who is unable to obtain clarification by loudhailer or radiotelephone must consider the signal to be a command to stop the vessel immediately. (c) Boarding. The operator of a vessel directed to stop must: (1) Monitor Channel 16, VHF-FM, if so equipped. (2) Stop immediately and lay to or, if appropriate and/or directed to do so by the authorized officer or CCAMLR inspector, maneuver in such a way as to allow the safe boarding of the vessel by the authorized officer or CCAMLR inspector and the boarding party. (3) Except for those vessels with a freeboard of 4 ft (1.25 m) or less, provide a safe ladder, if needed, for the authorized officer or CCAMLR inspector and boarding party to come aboard. (4) When necessary to facilitate the boarding or when requested by an authorized officer or CCAMLR inspector, provide a manrope or safety line, and illumination for the ladder. (5) Take such other actions as necessary to facilitate boarding and to ensure the safety of the authorized officer or CCAMLR inspector and the boarding party. (d) Signals. The following signals, extracted from the International Code of Signals, may be sent by flashing light by an enforcement unit when conditions do not allow communications by loudhailer or radiotelephone. Knowledge of these signals by vessel operators is not required. However, knowledge of these signals and appropriate action by a vessel operator may preclude the necessity of sending the signal ``L'' and the necessity for the vessel to stop instantly. (1) ``AA'' repeated (.- .-) is the call to an unknown station. The operator of the signaled vessel should respond by identifying the vessel by radiotelephone or by illuminating the vessel's identification. (2) ``RY-CY'' (.-. -.-- -.-. -.--) means ``you should proceed at slow speed, a boat is coming to you.'' This signal is normally employed when conditions allow an enforcement boarding without the necessity of the vessel being boarded coming to a complete stop, or, in some cases, without retrieval of fishing gear that may be in the water. (3) ``SQ3'' (... --.- ...--) means ``you should stop or heave to; I am going to board you.'' Subpart B--High Seas Fisheries Authority: 16 U.S.C. 5501 et seq. Sec. 300.10 Purpose. This subpart implements the High Seas Fishing Compliance Act of 1995 (Act), which requires the Secretary to license U.S. vessels fishing on the high seas. Sec. 300.11 Definitions. In addition to the terms defined in 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 Sec. 300.2, the Act, or the Agreement, the definition in this section shall apply. High seas means the waters beyond the territorial sea or exclusive economic zone (or the equivalent) of any Nation, to the extent that such territorial sea or exclusive economic zone (or the equivalent) is recognized by the United States. High seas fishing vessel means any vessel of the United States used or intended for use on the high seas for the purpose of the commercial exploitation of living marine resources as a harvesting vessel, mothership, or any other support vessel directly engaged in a fishing operation. International conservation and management measures means measures to conserve or manage one or more species of living marine resources that are adopted and applied in accordance with the relevant rules of international law, as reflected in the 1982 United Nations Convention on the Law of the Sea, and that are recognized by the United States. Regional Director means any one of the Directors of the five NMFS regional offices, defined under Sec. 300.2, serving as the issuing office. Sec. 300.12 Issuing offices. Any Regional Director may issue permits required under this subpart. While applicants for permits may submit an application to any Regional Director, applicants are encouraged to submit their applications (with envelopes marked ``Attn: HSFCA Permits'') to the Regional Director with whom they normally interact on fisheries matters. Sec. 300.13 Vessel permits. (a) Eligibility. (1) Except for vessels having unpaid or overdue civil penalties, criminal fines, or other liabilities incurred in a judicial proceeding under any statute administered by NOAA, any high seas fishing vessel of the United States is eligible to receive a permit under this subpart, unless the vessel was previously authorized to be used for fishing on the high seas by a foreign nation, and-- (i) The foreign nation suspended such authorization, because the vessel undermined the effectiveness of international conservation and management measures, and the suspension has not expired; or (ii) The foreign nation, within the 3 years preceding application for a permit under this section, withdrew such authorization, because the vessel undermined the effectiveness of international conservation and management measures. (2) The restrictions in paragraphs (a)(1) (i) and (ii) of this section do not apply if ownership of the vessel has changed since the vessel undermined the effectiveness of international conservation and management measures, and the new owner has provided sufficient evidence to the Regional Director demonstrating that the owner and operator at the time the vessel undermined the effectiveness of such measures has no further legal, beneficial, or financial interest in, or control of, the vessel. (3) The restrictions in paragraphs (a)(1) (i) and (ii) of this section do not apply if it is determined by the Regional Director that issuing a permit would not subvert the purposes of the Agreement. (b) Application forms. The owner or operator of a high seas fishing vessel may apply for a permit under this subpart by completing an application form. Applicants may obtain an application form from a Regional Director. (c) Application information. An applicant must submit a complete and accurate permit application, signed by the owner or operator, to the appropriate Regional Director. (d) Fees. NMFS will charge a fee to recover the administrative expenses of permit issuance. The amount of the fee will be determined in accordance with the procedures of the NOAA Finance Handbook, available from a Regional Director, for determining administrative costs of each special product or service. [[Page 35554]] The fee is specified with the application form. The appropriate fee must accompany each application. Failure to pay the fee will preclude issuance of the permit. Payment by a commercial instrument later determined to be insufficiently funded will invalidate any permit. (e) Issuance. (1) Except as provided in subpart D of 15 CFR part 904, the Regional Director will issue a permit, which will include appropriate conditions or restrictions, within 30 days of receipt of a completed application and payment of the appropriate fee. (2) The Regional Director will notify the applicant of any deficiency in the application. (f) Validity. Permits issued under this subpart are valid for 5 years from the date of issuance. Renewal of a permit prior to its expiration is the responsibility of the permit holder. For a permit to remain valid to its expiration date, the vessel's USCG documentation or state registration must be kept current. A permit issued under this subpart is void when the name of the owner or vessel changes, or in the event the vessel is no longer eligible for U.S. documentation, such documentation is revoked or denied, or the vessel is removed from such documentation. (g) Change in application information. Any changes in vessel documentation status or other permit application information must be reported to the Regional Director in writing within 15 days of such changes. (h) Transfer. A permit issued under this subpart is not transferable or assignable to another vessel or owner; it is valid only for the vessel and owner to which it is issued. (i) Display. A valid permit, or a copy thereof, issued under this subpart must be on board the vessel while operating on the high seas and available for inspection by an authorized officer. Faxed copies of permits are acceptable. Sec. 300.14 Vessel and gear identification. [Reserved] Sec. 300.15 Prohibitions. In addition to the prohibitions in section 300.4, it is unlawful for any person to: (a) Use a high seas fishing vessel on the high seas in contravention of international conservation and management measures. (b) Use a high seas fishing vessel on the high seas, unless the vessel has on board a valid permit issued under section 300.13. Sec. 300.16 Penalties. Any person or high seas fishing vessel found to be in violation of the Act, this subpart, or any permit issued under this subpart will be subject to the civil and criminal penalty provisions, permit sanctions, and forfeiture provisions prescribed in the Act, 15 CFR part 904 (Civil Procedures), and other applicable laws. Sec. 300.17 Reporting and recordkeeping. [Reserved] Subpart C--Pacific Tuna Fisheries Authority: 16 U.S.C. 951-961 and 971 et seq. Sec. 300.20 Purpose and scope. The regulations in this subpart implement the Tuna Conventions Act of 1950 (Act), the Atlantic Tunas Convention Act of 1975, and the IATTC recommendations for the conservation of yellowfin tuna and the recommendations of the International Commission for the Conservation of Atlantic Tunas for the conservation of bluefin tuna, so far as they affect vessels and persons subject to the jurisdiction of the United States. Sec. 300.21 Definitions. In addition to the terms defined in Sec. 300.2, in the Act, the Convention for the Establishment of an Inter-American Tropical Tuna Commission, and the International Convention for the Conservation of Atlantic Tunas, the terms used in this subpart have the following meanings. If a term is defined differently in Sec. 300.2, the Act, or the Conventions, the definition in this section shall apply. Bluefin tuna means the fish species Thunnus thynnus that is found in any ocean area. Fishing vessel means any vessel, boat, ship, or other craft that is used for, equipped to be used for, or of a type that is normally used for fishing or for assisting or supporting a vessel engaged in fishing, except purse seine skiffs. Pacific bluefin tuna means the subspecies of bluefin tuna Thunnus thynnus orientalis that is found in the Pacific Ocean. Regional Director means the Director, Southwest Region. Tag means the flexible, self-locking ribbon issued by the NMFS for the identification of bluefin tuna under Sec. 300.26 or 285.30 of chapter II of this title. Sec. 300.22 Yellowfin tuna--Recordkeeping and written reports. The master or other person in charge of a fishing vessel, or a person authorized in writing to serve as the agent for either person, must keep an accurate log of all operations conducted from the fishing vessel, entering for each day the date, noon position (stated in latitude and longitude or in relation to known physical features), and the tonnage of fish on board, by species. The record and bridge log maintained at the request of the IATTC shall be sufficient to comply with this paragraph, provided the items of information specified are accurately entered in the log. Sec. 300.23 Yellowfin tuna--Persons and vessels exempted. This subpart does not apply to: (a) Any person or vessel authorized by the IATTC, the Assistant Administrator, or any state of the United States to engage in fishing for research purposes. (b) Any person or vessel engaged in sport fishing for personal use. Sec. 300.24 Pacific bluefin tuna--Dealer permits. (a) General. A dealer importing Pacific bluefin tuna, or purchasing or receiving for export Pacific bluefin tuna first landed in the United States, must have a valid permit issued under this section. (b) Application. A dealer must apply for a permit in writing on an appropriate form obtained from the Regional Director. The application must be signed by the dealer and be submitted to the Regional Director at least 30 days before the date upon which the dealer desires to have the permit made effective. The application must contain the following information: Company name, principal place of business, owner's or owners' names, applicant's name (if different from owner or owners) and mailing address and telephone number, and any other information required by the Regional Director. (c) Issuance. (1) Except as provided in subpart D of 15 CFR part 904, the Regional Director will issue a permit within 30 days of receipt of a completed application. (2) The Regional Director will notify the applicant of any deficiency in the application. If the applicant fails to correct the deficiency within 15 days following the date of notification, the application will be considered abandoned. (d) Duration. Any permit issued under this section is valid until December 31 of the year for which it is issued, unless suspended or revoked. (e) Alteration. Any permit that is substantially altered, erased, or mutilated is invalid. [[Page 35555]] (f) Replacement. The Regional Director may issue replacement permits. An application for a replacement permit is not considered a new application. (g) Transfer. A permit issued under this section is not transferable or assignable; it is valid only for the dealer to whom it is issued. (h) Inspection. The dealer must keep the permit issued under this section at his/her principal place of business. The permit must be displayed for inspection upon request of any authorized officer, or any employee of NMFS designated by the Regional Director for such purpose. (i) Sanctions. The Assistant Administrator may suspend, revoke, modify, or deny a permit issued or sought under this section. Procedures governing permit sanctions and denials are found at subpart D of 15 CFR part 904. (j) Fees. The Regional Director may charge a fee to recover the administrative expenses of permit issuance. The amount of the fee is calculated, at least annually, in accordance with the procedures of the NOAA Finance Handbook, available from the Regional Director, for determining administrative costs of each special product or service. The fee may not exceed such costs and is specified on each application form. The appropriate fee must accompany each application. Failure to pay the fee will preclude issuance of the permit. Payment by a commercial instrument later determined to be insufficiently funded shall invalidate any permit. (k) Change in application information. Within 15 days after any change in the information contained in an application submitted under this section, the dealer issued a permit must report the change to the Regional Director in writing. The permit is void if any change in information is not reported within 15 days. Sec. 300.25 Pacific bluefin tuna--Dealer recordkeeping and reporting. Any person issued a dealer permit under Sec. 300.24: (a) Must submit to the Regional Director a biweekly report on bluefin imports and exports on forms supplied by NMFS. (1) The report required by this paragraph (a) must be postmarked and mailed at the dealer's expense within 10 days after the end of each 2-week reporting period in which Pacific bluefin tuna were exported. The biweekly reporting periods are defined as the first day to the 14th day of each month and the 15th day to the last day of the month. (2) Each report must specify accurately and completely for each tuna or each shipment of bulk-frozen tuna exported: Date of landing or import; any tag number (if so tagged); weight in kilograms (specify if round or dressed); and any other information required by the Regional Director. At the top of each form, the company's name, license number, and the name of the person filling out the report must be specified. In addition, the beginning and ending dates of the 2-week reporting period must be specified by the dealer and noted at the top of the form. (b) Must allow an authorized officer, or any employee of NMFS designated by the Regional Director for this purpose, to inspect and copy any records of transfers, purchases, or receipts of Pacific bluefin tuna. (c) Must retain at his/her principal place of business a copy of each biweekly report for a period of 2 years from the date on which it was submitted to the Regional Director. Sec. 300.26 Pacific bluefin tuna--Tags. (a) Issuance. The Regional Director will issue numbered tags to each person receiving a dealer's permit under Sec. 300.24. (b) Transfer. Tail tags issued under this section are not transferable and are usable only by the permitted dealer to whom they are issued. (c) Affixing tags. At the discretion of dealers permitted under Sec. 300.24, a tag issued under paragraph (a) of this section may be affixed to each Pacific bluefin tuna purchased or received by the dealer. If so tagged, the tag must be affixed to the tuna between the fifth dorsal finlet and the keel and tag numbers must be recorded on NMFS reports required by Sec. 300.25(a) and any documents accompanying the shipment of Pacific bluefin tuna for domestic commercial use or export. (d) Removal. A NMFS-issued tag affixed to any Pacific bluefin tuna at the option of any permitted dealer under paragraph (c) of this section or any tag affixed to any Pacific bluefin tuna to meet the requirements of Sec. 285.202(a)(6)(v) of this chapter must remain on the tuna until the tuna is cut into portions. If the tuna or tuna parts subsequently are packaged for transport for domestic commercial use or for export, the tag number must be written legibly and indelibly on the outside of any package or container. (e) Reuse. Tags issued under this section are separately numbered and may be used only once, one tail tag per fish, to distinguish the purchase of one Pacific bluefin tuna. Once affixed to a tuna or recorded on any package, container or report, a tail tag and associated number may not be reused. Sec. 300.27 Pacific bluefin tuna--Documentation requirements. Bluefin tuna imported into, or exported or re-exported from the customs territory of the United States is subject to the documentation requirements specified in part 285 of this chapter (Secs. 285.200- 285.203). Sec. 300.28 Pacific bluefin tuna--Prohibitions. In addition to the prohibitions in Sec. 300.4, it is unlawful for any person or vessel subject to the jurisdiction of the United States to: (a) Import Pacific bluefin tuna or purchase or receive for export Pacific bluefin tuna first landed in the United States without a valid dealer permit issued under Sec. 300.24. (b) Remove any NMFS-issued tag affixed to any Pacific bluefin tuna at the option of any permitted dealer or any tag affixed to a Pacific bluefin tuna to meet the requirements of Sec. 285.202(a)(6)(v) of this chapter, before removal is allowed under Sec. 300.26, or fail to write the tag number on the shipping package or container as specified in Sec. 300.26. (c) Reuse any NMFS-issued tag affixed to a Pacific bluefin tuna at the option of a permitted dealer or any tag affixed to a Pacific bluefin tuna to meet the requirements of Sec. 285.202(a)(6)(v) of this chapter or reuse any tag number previously written on a shipping package or container as prescribed by Sec. 300.26. Subpart D--South Pacific Tuna Fisheries Authority: 16 U.S.C. 973-973r. Sec. 300.30 Purpose and scope. This subpart implements the South Pacific Tuna Act of 1988 (Act) and the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America (Treaty) and applies to persons and vessels subject to the jurisdiction of the United States. Sec. 300.31 Definitions. In addition to the terms defined in Sec. 300.2, in the Act, and in the Treaty, and unless the context requires otherwise, the terms used in this subpart have the following meanings. If a term is defined differently in Sec. 300.2, the Act, or the Treaty, the definition in this section shall apply. Administrator means the individual or organization designated by the Pacific Island Parties to act on their behalf [[Page 35556]] under the Treaty and notified to the United States. Applicable national law means any provision of law of a Pacific Island Party that is described in paragraph 1(a) of Annex I of the Treaty. Authorized inspector means any individual authorized by a Pacific Island Party or the Secretary to conduct inspections, to remove samples of fish, and to gather any other information relating to fisheries in the Licensing Area. Authorized officer means any officer who is authorized by the Secretary, or the Secretary of Transportation, or the head of any Federal or state agency that has entered into an enforcement agreement with the Secretary under section 10(a) of the Act. Authorized party officer means any officer authorized by a Pacific Island Party to enforce the provisions of the Treaty. Closed area means any of the closed areas identified in Schedule 2 of Annex I of the Treaty. Fishing means searching for, catching, taking, or harvesting fish; attempting to search for, catch, take, or harvest fish; engaging in any other activity that can reasonably be expected to result in the locating, catching, taking, or harvesting of fish; placing, searching for, or recovering fish aggregating devices or associated electronic equipment such as radio beacons; any operations at sea directly in support of, or in preparation for, any activity described in this paragraph; or aircraft use, relating to the activities described in this definition, except for flights in emergencies involving the health or safety of crew members or the safety of a vessel. Fishing arrangement means an arrangement between a Pacific Island Party and the owner of a U.S. fishing vessel that complies with section 6(b) of the Act. Fishing vessel or vessel means any boat, ship, or other craft that is used for, equipped to be used for, or of a type normally used for commercial fishing, and that is documented under the laws of the United States. Licensing Area means all waters in the Treaty Area except for: (1) Those waters subject to the jurisdiction of the United States in accordance with international law. (2) Those waters within closed areas. (3) Those waters within limited areas closed to fishing. Licensing period means the period of validity of licenses issued in accordance with the Treaty. Limited area(s) means those areas so identified in Schedule 3 of Annex I of the Treaty. Operator means any person who is in charge of, directs or controls a vessel, including the owner, charterer and master. Pacific Island Party means a Pacific island nation that is a party to the Treaty. Regional Director means the Director, Southwest Region, or a designee. Transship means to unload any or all of the fish on board a licensed vessel either ashore or onto another vessel. Treaty Area means the area described in paragraph 1(k) of Article I of the Treaty. Sec. 300.32 Vessel licenses. (a) Each vessel fishing in the Licensing Area must have a license issued by the Administrator for the licensing period being fished, unless excepted by Sec. 300.39. Each licensing period begins on June 15 and ends on June 14 of the following year. (b) Upon receipt, the license or a duly certified copy, facsimile or telex confirmation must be carried on board the vessel when in the Licensing Area or Closed Areas and must be produced at the request of authorized officers, authorized party officers, or authorized inspectors. Prior to receipt of the license, but after issuance, a vessel may be used to fish, provided the number of the issued license is available on board. (c) Application forms for licenses to use a vessel to fish in the Licensing Area may be requested from, and upon completion, must be returned to, the Regional Director. All of the information requested on the form and the following must be supplied before the application will be considered complete: (1) The licensing period for which the license is requested. (2) The name of an agent, located in Port Moresby, Papua New Guinea, who, on behalf of the license holder, will receive and respond to any legal process issued in accordance with the Treaty. (3) Documentation from an insurance company showing that the vessel will be fully insured for the licensing period against all risks and liabilities normally covered by maritime liability insurance. (4) If the owner or charterer is the subject of proceedings under the bankruptcy laws of the United States, reasonable assurances that the owner of charterer will be financially able to fulfill any and all responsibilities under the Treaty, Act, and regulations, including the payment of any penalties or fines. (5) A copy of the vessel's USCG Certificate of Documentation. (d) The number of available licenses are set forth in Schedule 2 of Annex II of the Treaty. (e) Applications for vessels may be submitted at any time; complete applications will be forwarded to the Secretary of State for transmittal to the Administrator. (f) The Secretary, in consultation with the Secretary of State, may determine that a license application for a vessel should not be forwarded to the Administrator if: (1) The application is not in accord with the Treaty, Act, or regulations; (2) The owner or charterer is the subject of proceedings under the bankruptcy laws of the United States, and reasonable financial assurances have not been provided to the Secretary that the owner or charterer will be financially able to fulfill any and all responsibilities under the Treaty, Act, and regulations, including the payment of any penalties or fines; (3) The owner or charterer has not established to the satisfaction of the Secretary that the vessel will be fully insured for the licensing period against all risks and liabilities normally covered by maritime liability insurance; or (4) The owner or charterer has not paid any final penalty assessed by the Secretary in accordance with the Act. (g) An applicant will be promptly notified if that applicant's license application will not be forwarded to the Administrator, and of the reasons therefor. Within 15 days of notification by the Regional Director that the application will not be forwarded, an applicant may request reconsideration by providing a petition for reconsideration accompanied by new or additional information. Sec. 300.33 Compliance with applicable national laws. The operator of the vessel shall comply with each of the applicable national laws, and the operator of the vessel shall be responsible for the compliance by the vessel and its crew with each of the applicable national laws, and the vessel shall be operated in accordance with those laws. Sec. 300.34 Reporting requirements. (a) License holders shall comply with the reporting requirements of parts 4 and 5 of Annex I to the Treaty. (b) Information provided by license holders under Schedule 5 of Annex I of the Treaty shall be provided on the designated Forum Fisheries Agency form(s) to the Regional Director within 2 days of reaching port. (c) Information provided by license holders under Schedule 6 of Annex I of the Treaty shall be provided on the designated Forum Fisheries Agency form(s) to the Regional Director within 2 days of completing unloading. [[Page 35557]] (d) Any information required to be recorded, or to be notified, communicated or reported pursuant to a requirement of these regulations, the Act, or the Treaty shall be true, complete and correct. Any change in circumstances that has the effect of rendering any of the information provided false, incomplete or misleading shall be communicated immediately to the Regional Director. Sec. 300.35 Vessel and gear identification. While a vessel is in the Licensing Area, a Limited Area closed to fishing, or a Closed Area, a recent and up-to-date copy of the International Code of Signals (INTERCO) shall be on board and accessible at all times. The operator shall comply with the 1989 Food and Agricultural Organization standard specifications for the marking and identification of fishing vessels. The international radio call sign of the vessel shall be painted in white on a black background, or in black on a white background, and be clear, distinct, and uncovered, in the following manner: (a) On both sides of the vessel's hull or superstructure, with each letter and number being at least 1 m high and having a stroke width of 16.7 cm, with the background extending to provide a border around the mark of not less than 16.7 cm. (b) On the vessel's deck, on the body of any helicopter and on the hull of any skiff, with each letter and number being at least 30 cm high, and having a stroke width of 5 cm with the background extending to provide a border around the mark of not less than 5 cm. (c) On any other equipment being carried by and intended to be separated from the vessel during normal fishing operations, with each letter and number being at least 10 cm high and having a stroke width of 1.7 cm, with the background extending to provide a border around the mark of not less than 1.7 cm. Sec. 300.36 Closed area stowage requirements. At all times while a vessel is in a Closed Area, the fishing gear of the vessel shall be stowed in a manner as not to be readily available for fishing. In particular, the boom shall be lowered as far as possible so that the vessel cannot be used for fishing, but so that the skiff is accessible for use in emergency situations; the helicopter, if any shall be tied down; and launches shall be secured. Sec. 300.37 Radio monitoring. The international distress frequency, 2.182 mHz, and 156.8 mHz (Channel 16, VHF) shall be monitored continuously from the vessel for the purpose of facilitating communication with the fisheries management, surveillance and enforcement authorities of the Parties. Sec. 300.38 Prohibitions. (a) Except as provided for in Sec. 300.39, in addition to the prohibitions in Sec. 300.4, it is unlawful for any person subject to the jurisdiction of the United States to do any of the following: (1) To violate the Act or any provision of any regulation or order issued pursuant to Act. (2) To use a vessel for fishing in violation of an applicable national law. (3) To violate the terms and conditions of any fishing arrangement to which that person is a party. (4) To use a vessel for fishing in a Limited Area in violation of the requirements set forth in Schedule 3 of Annex I of the Treaty on ``Limited Areas''. (5) To use a vessel for fishing in any Closed Area. (6) To refuse to permit any authorized officer or authorized party officer to board a fishing vessel for purpose of conducting a search or inspection in connection with the enforcement of the Act or the Treaty. (7) To refuse to comply with the instructions of an authorized officer or authorized party officer relating to fishing activities under the Treaty. (8) To refuse to permit an authorized inspector full access to any place where fish taken in the Licensing Area is unloaded. (9) To refuse to allow an authorized inspector to remove samples of fish from a vessel that fished in the Licensing Area. (10) To forcibly assault, resist, oppose, impede, intimidate, or interfere with: (i) Any authorized officer, authorized party officer or authorized inspector in the conduct of a search or inspection in connection with the enforcement of these regulations, the Act or the Treaty; or (ii) An observer in the conduct of observer duties under the Treaty. (11) To transship fish on board a vessel that fished in the Licensing Area, except in accordance with the conditions set out in parts 3 and 4 of Annex I to the Treaty. (b) Except as provided for in Sec. 300.39, it is unlawful for any person subject to the jurisdiction of the United States when in the Licensing Area: (1) To use a vessel to fish unless validly licensed as required by the Administrator. (2) To use a vessel for directed fishing for southern bluefin tuna or for fishing for any kinds of fish other than tunas, except that fish may be caught as a incidental bycatch. (3) To use a vessel for fishing by any method, except the purse- seine method. (4) To use any vessel to engage in fishing after the revocation of its license, or during the period of suspension of an applicable license. (5) To operate a vessel in such a way as to disrupt or in any other way adversely affect the activities of traditional and locally based fishermen and fishing vessels. (6) To use a vessel to fish in a manner inconsistent with an order issued by the Secretary under Sec. 300.42 (section 11 of the Act). (7) Except for circumstances involving force majeure and other emergencies involving the health or safety of crew members or the safety of the vessel, to use aircraft in association with fishing activities of a vessel, unless it is identified on the license application for the vessel, or any amendment thereto. Sec. 300.39 Exceptions. (a) The prohibitions of Sec. 300.38 and the licensing requirements of Sec. 300.32 do not apply to fishing for albacore tuna by vessels using the trolling method outside of the 200 nautical mile fisheries zones of the Pacific Island Parties. (b) The prohibitions of Sec. 300.38(a)(4), (a)(5), and (b)(3) do not apply to fishing under the terms and conditions of a fishing arrangement. Sec. 300.40 Civil penalties. The procedures of 15 CFR part 904 apply to the assessment of civil penalties, except as modified by the requirements of section 8 of the Act. Sec. 300.41 Investigation notification. Upon commencement of an investigation under section 10(b)(1) of the Act, the operator of any vessel concerned shall have 30 days after receipt of notification of the investigation and the operator's rights under section 10(b)(1) to submit comments, information, or evidence bearing on the investigation, and to request in writing that the Secretary provide the operator an opportunity to present the comments, information, or evidence orally to the Secretary or the Secretary's representative. Sec. 300.42 Findings leading to removal from fishing area. (a) Following an investigation conducted under section 10(b) of the Act, the Secretary, with the concurrence of the Secretary of State, and upon the request of the Pacific Island Party concerned, may order a fishing vessel [[Page 35558]] that has not submitted to the jurisdiction of that Pacific Island Party to leave immediately the Licensing Area, all Limited Areas, and all Closed Areas upon making a finding that: (1) The fishing vessel-- (i) While fishing in the Licensing Area did not have a license under the Treaty to fish in the Licensing Area, and that under paragraph 2 of Article 3 of the Treaty, the fishing is not authorized to be conducted in the Licensing Area without a license; (ii) Was involved in any incident in which an authorized officer, authorized party officer, or observer was allegedly assaulted with resultant bodily harm, physically threatened, forcibly resisted, refused boarding or subjected to physical intimidation or physical interference in the performance of duties as authorized by the Act or the Treaty; (iii) Has not made full payment within 60 days of any amount due as a result of a final judgement or other final determination deriving from a violation in waters within the Treaty Area of a Pacific Island Party; or (iv) Was not represented by an agent for service of process in accordance with the Treaty; or (2) There is probable cause to believe that the fishing vessel-- (i) Was used in violation of section 5(a)(4), (a)(5), (b)(2), or (b)(3) of the Act; (ii) Used an aircraft in violation of section 5(b)(7) of the Act; or (iii) Was involved in an incident in which section 5(a)(7) of the Act was violated. (b) Upon being advised by the Secretary of State that proper notification to Parties has been made under paragraph 7 of Article 5 of the Treaty that a Pacific Island Party is investigating an alleged infringement of the Treaty by a vessel in waters under the jurisdiction of that Pacific Island Party, the Secretary shall order the vessel to leave those waters until the Secretary of State notifies the Secretary that the order is no longer necessary. (c) The Secretary shall rescind any order issued on the basis of a finding under paragraphs (a)(1) (iii) or (iv) of this section (subsections 11(a)(1) (C) or (D) of the Act) as soon as the Secretary determines that the facts underlying the finding do not apply. (d) An order issued in accordance with this section is not subject to judicial review. Sec. 300.43 Observers. (a) The operator and each member of the crew of a vessel shall allow and assist any person identified as an observer under the Treaty by the Pacific Island Parties: (1) To board the vessel for scientific, compliance, monitoring and other functions at the point and time notified by the Pacific Island Parties to the Secretary. (2) Without interfering unduly with the lawful operation of the vessel, to have full access to and use of facilities and equipment on board the vessel that the observer may determine are necessary to carry out observer duties; have full access to the bridge, fish on board, and areas that may be used to hold, process, weigh and store fish; remove samples; have full access to vessel's records, including its log and documentation for the purpose of inspection and copying; have reasonable access to navigation equipment, charts, and radios, and gather any other information relating to fisheries in the Licensing Area. (3) To disembark at the point and time notified by the Pacific Island Parties to the Secretary. (4) To carry out observer duties safely. (b) The operator shall provide the observer, while on board the vessel, at no expense to the Pacific Island Parties, with food, accommodation and medical facilities of reasonable standard as may be acceptable to the Pacific Island Party whose representative is serving as the observer. Sec. 300.44 Other inspections. The operator and each member of the crew of any vessel from which any fish taken in the Licensing Area is unloaded or transshipped shall allow, or arrange for, and assist any authorized inspector, authorized party officer, or authorized officer to have full access to any place where the fish is unloaded or transshipped, to remove samples, to have full access to the vessel's records, including its log and documentation for the purpose of inspection and photocopying, and to gather any other information relating to fisheries in the Licensing Area without interfering unduly with the lawful operation of the vessel. Subpart E--Pacific Halibut Fisheries Authority: 16 U.S.C. 773-773k. Sec. 300.60 Purpose and scope. This subpart implements the North Pacific Halibut Act of 1982 (Act) and is intended to supplement, not conflict with, the annual fishery management measures adopted by the International Pacific Halibut Commission (Commission) under the Convention between the United States and Canada for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea (Convention). Sec. 300.61 Definitions. In addition to the terms defined in Sec. 300.2 and those in the Act and the Convention, the terms used in this subpart have the following meanings. If a term is defined differently in Sec. 300.2, the Act, or the Convention, the definition in this section shall apply. Area 2A includes all waters off the States of California, Oregon, and Washington. Commercial fishing means fishing, the resulting catch of which either is, or is intended to be, sold or bartered. Person includes an individual, corporation, firm, or association. Subarea 2A-1 includes all U.S. waters off the coast of Washington that are north of 46 deg.53'18'' N. lat. and east of 125 deg.44'00'' W. long., and all inland marine waters of Washington. Treaty Indian tribes means the Hoh, Jamestown S'Klallam, Lower Elwha S'Klallam, Lummi, Makah, Port Gamble S'Klallam, Quileute, Quinault, Skokomish, Suquamish, Swinomish, and Tulalip tribes. Sec. 300.62 Annual management measures. Annual management measures may be added and modified through adoption by the Commission and publication in the Federal Register by the Assistant Administrator, with immediate regulatory effect. Such measures may include, inter alia, provisions governing: Licensing of vessels, inseason actions, regulatory areas, fishing periods, closed periods, closed areas, catch limits (quotas), fishing period limits, size limits, careful release of halibut, vessel clearances, logs, receipt and possession of halibut, fishing gear, retention of tagged halibut, supervision of unloading and weighing, and sport fishing for halibut. The Assistant Administrator will publish the Commission's regulations setting forth annual management measures in the Federal Register by March 15 each year. Annual management measures may be adjusted inseason by the Commission. Sec. 300.63 Catch sharing plans and domestic management measures. Catch sharing plans (CSP) may be developed by the appropriate regional fishery management council, and approved by NMFS, for portions of the fishery. Any approved catch sharing plan may be obtained from the Director, Northwest Region, or the Director, Alaska Region. (a) The catch sharing plan for area 2A provides a framework that shall be applied to the annual Area 2A total allowable catch (TAC) adopted by the Commission, and shall be implemented through domestic and Commission [[Page 35559]] regulations, which will be published in the Federal Register each year before March 15. The Area 2A CSP allocates halibut among the treaty Indian fishery, segments of the non-Indian commercial fishery, and segments of the recreational fishery. (1) Each year, before January 1, NMFS will publish a proposal to govern the recreational fishery under the CSP for the following year and will seek public comment. The comment period will extend until after the Commission's annual meeting, so the public will have the opportunity to consider the final area 2A total allowable catch (TAC) before submitting comments. After the Commission's annual meeting and review of public comments, NMFS will publish in the Federal Register the final rule governing sport fishing in area 2A. Annual management measures may be adjusted inseason by NMFS. (2) A portion of the commercial TAC is allocated as incidental catch in the salmon troll fishery in Area 2A. Each year the landing restrictions necessary to keep the fishery within its allocation will be recommended by the Pacific Fishery Management Council at its spring meetings, and will be published in the Federal Register along with the annual salmon management measures. (3) The commercial longline fishery in area 2A is governed by the annual management measures published pursuant to Secs. 300.62 and 300.63. (4) The treaty Indian fishery is governed by Sec. 300.64 and tribal regulations. The annual quota for the fishery will be announced with the Commission regulations under Sec. 300.62 (b) The catch sharing plan for area 4 allocates the annual TAC among area 4 subarea, and will be implemented by the Commission in management measures published pursuant to Sec. 300.62. Sec. 300.64 Fishing by U.S. treaty Indian tribes. (a) Halibut fishing in subarea 2A-1 by members of U.S. treaty Indian tribes located in the State of Washington is governed by this section. (b) Commercial fishing for halibut by treaty Indians is permitted only in subarea 2A-1 with hook-and-line gear in conformance with the season and quota established annually by the Commission. (c) Commercial fishing periods and management measures to implement paragraph (b) of this section will be established by treaty Indian tribal regulations. (d) Commercial fishing for halibut by treaty Indians shall comply with the Commission's management measures governing size limits, careful release of halibut, logs, and fishing gear (published pursuant to Sec. 300.62), except that the 72-hour fishing restriction preceding the opening of a halibut fishing period shall not apply to treaty Indian fishing. (e) Ceremonial and subsistence fishing for halibut by treaty Indians in subarea 2A-1 is permitted with hook-and-line gear from January 1 to December 31. (f) No size or bag limits shall apply to the ceremonial and subsistence fishery, except that when commercial halibut fishing is prohibited pursuant to paragraph (b) of this section, treaty Indians may take and retain not more than two halibut per person per day. (g) Halibut taken for ceremonial and subsistence purposes shall not be offered for sale or sold. (h) Any member of a U.S. treaty Indian tribe who is engaged in commercial or ceremonial and subsistence fishing under this section must have on his or her person a valid treaty Indian identification card issued pursuant to 25 CFR part 249, subpart A, and must comply with the treaty Indian vessel and gear identification requirements of Final Decision No. 1 and subsequent orders in United States v. Washington 384 F. Supp. 312 (W.D. Wash., 1974). (i) The following table sets forth the fishing areas of each of the 12 treaty Indian tribes fishing pursuant to this section. Within subarea 2A-1, boundaries of a tribe's fishing area may be revised as ordered by a Federal Court. ------------------------------------------------------------------------ Tribe Boundaries ------------------------------------------------------------------------ HOH....................................... Between 47 deg.54'18'' N. lat. (Quillayute River) and 47 deg.21'00'' N. lat. (Quinault River), and east of 125 deg.44'00'' W. long. JAMESTOWN S'KLALLAM....................... Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and particularly at 626 F. Supp. 1486, to be places at which the Jamestown S'Klallam Tribe may fish under rights secured by treaties with the United States. LOWER ELWHA S'KLALLAM..................... Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and particularly at 459 F. Supp. 1049 and 1066 and 626 F. Supp. 1443, to be places at which the Lower Elwha S'Klallam Tribe may fish under rights secured by treaties with the United States. LUMMI..................................... Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and particularly at 384 F. Supp. 360, as modified in Subproceeding No. 89-08 (W.D. Wash., February 13, 1990) (decision and order re: cross-motions for summary judgement), to be places at which the Lummi Tribe may fish under rights secured by treaties with the United States. MAKAH..................................... North of 48 deg.02'15'' N. lat. (Norwegian Memorial), west of 123 deg.42'30'' W. long., and east of 125 deg.44'00'' W. long. PORT GAMBLE S'KLALLAM..................... Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and particularly at 626 F. Supp. 1442, to be places at which the Port Gamble S'Klallam Tribe may fish under rights secured by treaties with the United States. QUILEUTE.................................. Between 48 deg.07'36'' N. lat. (Sand Point) and 47 deg.31'42'' N. lat. (Queets River), and east of 125 deg.44'00'' W. long. QUINAULT.................................. Between 47 deg.40'06'' N. lat. (Destruction Island) and 46 deg.53'18'' N. lat. (Point Chehalis), and east of 125 deg.44'00'' W. long. SKOKOMISH................................. Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and particularly at 384 F. Supp. 377, to be places at which the Skokomish Tribe may fish under rights secured by treaties with the United States. SUQUAMISH................................. Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and particularly at 459 F. Supp. 1049, to be places at which the Suquamish Tribe may fish under rights secured by treaties with the United States. [[Page 35560]] SWINOMISH................................. Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and particularly at 459 F. Supp. 1049, to be places at which the Swinomish Tribe may fish under rights secured by treaties with the United States. TULALIP................................... Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and particularly at 626 F. Supp. 1531-1532, to be places at which the Tulalip Tribe may fish under rights secured by treaties with the United States. ------------------------------------------------------------------------ Sec. 300.65 Prohibitions. In addition to the prohibitions in Sec. 300.4, the following prohibitions apply within this subpart. It is unlawful for any person to fish for halibut except in accordance with: (a) The management measures published under Sec. 300.62. (b) The catch sharing plans and management measures implemented under Sec. 300.63. Subpart F--Fraser River Sockeye and Pink Salmon Fisheries Authority: Pacific Salmon Treaty Act, 16 U.S.C. 3636(b). Sec. 300.90 Purpose and scope. This subpart implements the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631-3644) (Act) and is intended to supplement, not conflict with, the fishery regimes and Fraser River Panel regulations adopted under the Treaty between the Government of the United States of America and the Government of Canada Concerning Pacific Salmon, signed at Ottawa, January 28, 1985 (Treaty). Sec. 300.91 Definitions. In addition to the terms defined in Sec. 300.2 and those in the Act and the Treaty, the terms used in this subpart have the following meanings. If a term is defined differently in Sec. 300.2, the Act, or the Treaty, the definition in this section shall apply. All-citizen means any person who is not a treaty Indian fishing in that treaty Indian's tribal treaty fishing places pursuant to treaty Indian tribal fishing regulations (whether in compliance with such regulations or not). Authorized officer means, in addition to those individuals identified under authorized officer at Sec. 300.2, any state, Federal, or other officer as may be authorized by the Secretary in writing, including any treaty Indian tribal enforcement officer authorized to enforce tribal fishing regulations. Commission means the Pacific Salmon Commission established by the Pacific Salmon Treaty. Consistent regulation or consistent order means any Federal, state, or treaty Indian tribal regulation or order that is in addition to and not in conflict with (at least as restrictive as) any regime of the Commission, Fraser River Panel regulation, inseason order of the Secretary, or these regulations. Fishing gear-- (1) Gill net means a fishing net of single web construction, not anchored, tied, staked, placed, or weighted in such a manner that it cannot drift. (2) Purse seine means all types of fishing gear consisting of a lead line, cork line, auxiliary lines, purse line and purse rings and of mesh net webbing fashioned in such a manner that it is used to encircle fish, and in addition prevent their escape under the bottom or lead line of the net by drawing in the bottom of the net by means of the purse line so that it forms a closed bag. (3) Reef net means a non-self-fishing open bunt square or rectangular section of mesh netting suspended between two anchored boats fashioned in such a manner that to impound salmon passing over the net, the net must be raised to the surface. (4) Troll fishing gear means one or more lines that drag hooks with bait or lures behind a moving fishing vessel. (5) Treaty Indian fishing gear means fishing gear defined authorized, and identified under treaty Indian tribal laws and regulations in accordance with the requirements of Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974). Fraser River Panel means the Fraser River Panel established by the Pacific Salmon Treaty. Fraser River Panel Area (U.S.) means the United States' portion of the Fraser River Panel Area specified in Annex II of the Treaty as follows: (1) The territorial water and the high seas westward from the western coast of Canada and the United States of America and from a direct line drawn from Bonilla Point, Vancouver Island, to the lighthouse of Tatoosh Island, Washington--which line marks the entrance of Juan de Fuca Strait--and embraced between 48 deg. and 49 deg. N. lat., excepting therefrom, however, all the waters of Barkley Sound, eastward of a straight line drawn from Amphitrite Point to Cape Beale and all the waters of Nitinat Lake and the entrance thereto. (2) The waters included within the following boundaries: Beginning at Bonilla Point, Vancouver Island, thence along the aforesaid direct line drawn from Bonilla Point to Tatoosh Lighthouse, Washington, described in paragraph (1) of this definition, thence to the nearest point of Cape Flattery, thence following the southerly shore of Juan de Fuca Strait to Point Wilson, on Whidbey Island, thence following the western shore of the said Whidbey Island, to the entrance to Deception Pass, thence across said entrance to the southern side of Reservation Bay, on 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.] [[Page 35561]] (3) The Fraser River and the streams and lakes tributary thereto. (4) The Fraser River Panel Area (U.S.) includes Puget Sound Management and Catch Reporting Areas 4B, 5, 6, 6A, 6B, 6C, 6D, 7, 7A, 7B, 7C, 7D, and 7E as defined in the Washington State Administrative Code at Chapter 220-22 as of June 27, 1986. Fraser River Panel regulations means regulations applicable to the Fraser River Panel Area that are recommended by the Commission (on the basis of proposals made by the Fraser River Panel) and approved by the Secretary of State. Mesh size means the distance between the inside of one knot to the outside of the opposite (vertical) knot in one mesh of a net. Pink salmon means Oncorhynchus gorbuscha. Sockeye salmon means the anadromous form of Oncorhynchus nerka. Treaty fishing places (of an Indian tribe) means locations within the Fraser River Panel Area (U.S.) as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash. 1974), to be places at which that treaty Indian tribe may take fish under rights secured by treaty with the United States. Treaty Indian means any member of a treaty Indian tribe whose treaty fishing place is in the Fraser River Panel Area (U.S.) or any assistant to a treaty Indian authorized to assist in accordance with Sec. 300.95(d). Treaty Indian tribe means any of the federally recognized Indian tribes of the State of Washington having fishing rights secured by treaty with the United States to fish for salmon stocks subject to the Pacific Salmon Treaty in treaty fishing places within the Fraser River Panel Area (U.S.). Currently these tribes are the Makah, Tribe, Lower Elwha Klallam Tribe, Port Gamble Klallam Tribe, Jamestown Klallam Tribe, Suquamish Tribe, Lummi Tribe, Nooksack Tribe, the Swinomish Indian Tribal Community, and the Tulalip Tribe. Sec. 300.92 Relation to other laws. (a) Insofar as they are consistent with this part, any other applicable Federal law or regulation, or any applicable law and regulations of the State of Washington or of a treaty Indian tribe with treaty fishing rights in the Fraser River Panel Area (U.S.) will continue to have force and effect in the Fraser River Panel Area (U.S.) with respect to fishing activities addressed herein. (b) Any person fishing subject to this subpart is bound by the international boundaries now recognized by the United States within the Fraser River Panel Area (U.S.) described in Sec. 300.91, notwithstanding any dispute or negotiation between the United States and Canada regarding their respective jurisdictions, until such time as different boundaries are published by the United States. (c) Any person fishing in the Fraser River Panel Area (U.S.) who also fishes for groundfish in the EEZ should consult Federal regulations at part 663 of this title for applicable requirements, including the requirement that vessels engaged in commercial fishing for groundfish (except commercial passenger vessels) have vessel identification in accordance with Sec. 663.6. Federal regulations governing salmon fishing in the EEZ, which includes a portion of the Fraser River Panel Area (U.S.), are at part 661 of this title. Annual regulatory modifications are published in the Federal Register. (d) Except as otherwise provided in this subpart, general provisions governing off-reservation fishing by treaty Indians are found at 25 CFR part 249, subpart A. Additional general and specific provisions governing treaty Indian fisheries are found in regulations and laws promulgated by each treaty Indian tribe for fishermen fishing pursuant to tribal authorization. (e) Nothing in this subpart relieves a person from any other applicable requirements lawfully imposed by the United States, the State of Washington, or a treaty Indian tribe. Sec. 300.93 Reporting requirements. Any person fishing for sockeye or pink salmon within the Fraser River Panel Area (U.S.) and any person receiving or purchasing fish caught by such persons are subject to State of Washington reporting requirements at Washington Administrative Code, Chapter 220-69. Treaty Indian fishermen are subject also to tribal reporting requirements. No separate Federal reports are required. Sec. 300.94 Prohibitions and restrictions. In addition to the prohibitions in Sec. 300.4, the following prohibitions and restrictions apply. (a) In addition to the prohibited acts set forth in the Act at 16 U.S.C. 3637(a), the following restrictions apply to sockeye and pink salmon fishing in the Fraser River Panel Area (U.S.): (1) The Fraser River Panel Area (U.S.) is closed to sockeye and pink salmon fishing, unless opened by Fraser River Panel regulations or by inseason orders of the Secretary issued under Sec. 300.97 that give effect to orders of the Fraser River Panel, unless such orders are determined not to be consistent with domestic legal obligations. Such regulations and inseason orders may be further implemented by regulations promulgated by the United States, the State of Washington, or any treaty Indian tribe, which are also consistent with domestic legal obligations. (2) It is unlawful for any person or fishing vessel subject to the jurisdiction of the United States to fish for, or take and retain, any sockeye or pink salmon: (i) Except during times or in areas that are opened by Fraser River Panel regulations or by inseason order, except that this provision will not prohibit the direct transport of legally caught sockeye or pink salmon to offloading areas. (ii) By means of gear or methods not authorized by Fraser River Panel regulations, inseason orders, or other applicable Federal, state, or treaty Indian tribal law. (iii) In violation of any applicable area, season, species, zone, gear, or mesh size restriction. (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 [[Page 35562]] established by Fraser River Panel regulations or inseason orders of the Secretary: (1) All citizens: Gill net, purse seine, reef net, and troll fishing gear. Specific restrictions on all citizens gear are contained in the Washington State Administrative Code of Chapter 220-47. (2) Treaty Indians: Treaty Indian fishing gear. (e) Geographic descriptions of Puget Sound Salmon Management and Catch Reporting Areas, which are referenced in the Commission's regimes, Fraser River Panel regulations, and in inseason orders of the Secretary, are found in the Washington State Administrative Code at Chapter 220-22. Sec. 300.95 Treaty Indian fisheries. (a) Any treaty Indian must comply with this section when fishing for sockeye and pink salmon at the treaty Indian tribe's treaty fishing places in the Fraser River Panel Area (U.S.) during the time the Commission or the Secretary exercises jurisdiction over these fisheries. Fishing by a treaty Indian outside the applicable Indian tribe's treaty fishing places will be subject to the Fraser River Panel regulations and inseason orders applicable to all citizens, as well as to the restrictions set forth in this section. (b) Nothing in this section will relieve a treaty Indian from any applicable law or regulation imposed by a treaty Indian tribe, or from requirements lawfully imposed by the United States or the State of Washington in accordance with the requirements of Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974). (c) Identification. (1) Any treaty Indian fishing under the authority of this subpart must have in his or her possession at all times while fishing or engaged in any activity related to fishing the treaty Indian identification required by 25 CFR 249.3 or by applicable tribal law. (2) Any person assisting a treaty Indian under the authority of paragraph (d) of this section must have in his or her possession at all such times a valid identification card issued by the Bureau of Indian Affairs or by a treaty Indian tribe, identifying the holder as a person qualified to assist a treaty Indian. The identification card must include the name of the issuing tribe, the name, address, date of birth, and photograph of the assistant, and the name and identification number of the treaty Indian whom the assistant is authorized to assist. (3) Identification described in paragraph (c) (1) or (2) of this section must be shown on demand to an authorized officer by the treaty Indian or authorized assistant. (4) Any treaty Indian fishing under this subpart must comply with the treaty Indian vessel and gear identification requirements of Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974). (d) Fishing assistance. (1) Any member of a treaty Indian tribe fishing under this subpart may, if authorized by the treaty Indian's tribe, receive fishing assistance from, and only from, the treaty Indian tribal member's spouse, forebears, children, grandchildren, and siblings, as authorized by the U.S. District Court for the Western District of Washington in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974). For purposes of this section, the treaty Indian tribal member whom the assistant is authorized to assist must be present aboard the fishing vessel at all times while engaged in the exercise of treaty Indian fishing rights subject to this subpart. (2) No treaty Indian may, while fishing at a treaty fishing place in accordance with treaty-secured fishing rights, permit any person 16 years of age or older other than the authorized holder of a currently valid identification card issued in accordance with the requirements of paragraphs (c) (1) and (2) of this section to fish for said treaty Indian, assist said treaty Indian in fishing, or use any gear or fishing location identified as said treaty Indian's gear or location. (3) Treaty Indians are prohibited from participating in a treaty Indian fishery under this section at any time persons who are not treaty Indians are aboard the fishing vessel or in contact with fishing gear operated from the fishing vessel, unless such persons are authorized employees or officers of a treaty Indian tribe or tribal fisheries management organization, the Northwest Indian Fisheries Commission, the Commission, or a fisheries management agency of the United States or the State of Washington. Sec. 300.96 Penalties. Any treaty Indian who commits any act that is unlawful under this subpart normally will be referred to the applicable tribe for prosecution and punishment. If such tribe fails to prosecute such persons in a diligent manner for the offense(s) referred to the tribe, or if other good cause exists, such treaty Indian may be subject to the penalties and procedures described in the Magnuson Act. Sec. 300.97 Inseason orders. (a) During the fishing season, the Secretary may issue orders that establish fishing times and areas consistent with the annual Commission regime and inseason orders of the Fraser River Panel. Inseason orders will be consistent with domestic legal obligations. Violation of such inseason orders is violation of this subpart. (b) Notice of inseason orders. (1) Official notice of such inseason orders is available from NMFS (for orders applicable to all-citizen fisheries) and from the Northwest Indian Fisheries Commission (for orders applicable to treaty Indian fisheries) through the following Area Code 206 toll-free telephone hotlines: All-citizen fisheries: 1- 800-562-6513; Treaty Indian fisheries: 1-800-562-6142. (2) Notice of inseason orders of the Secretary and other applicable tribal regulations may be published and released according to tribal procedures in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974). (3) Inseason orders may also be communicated through news releases to radio and television stations and newspapers in the Fraser River Panel Area (U.S.). (4) Inseason orders of the Secretary will also be published in the Federal Register as soon as practicable after they are issued. Subpart G--Antarctic Marine Living Resources Authority: 16 U.S.C. 2431 et seq. Sec. 300.100 Purpose and scope. (a) This subpart implements the Antarctic Marine Living Resources Convention Act of 1984 (Act). (b) This subpart regulates-- (1) The harvesting of Antarctic marine living resources or other associated activities by any person subject to the jurisdiction of the United States or by any vessel of the United States. (2) The importation into the United States of any Antarctic marine living resource. Sec. 300.101 Definitions. In addition to the terms defined in Sec. 300.2, in the Act, and in the Convention on the Conservation of Antarctic Marine Living Resources, done at Canberra, Australia, May 7, 1980 (Convention). Convention, the terms used in this subpart have the following meanings. If a term is defined differently in Sec. 300.2, such Act, or such Convention, the definition in this section shall apply. [[Page 35563]] ACA means the Antarctic Conservation Act of 1978 (16 U.S.C. 2401 et seq.). Antarctic convergence means a line joining the following points along the parallels of latitude and meridians of longitude: Lat. Long. 50 deg. S. 0. 50 deg. S. 30 deg. E. 45 deg. S. 30 deg. E. 45 deg. S. 80 deg. E. 55 deg. S. 80 deg. E. 55 deg. S. 150 deg. E. 60 deg. S. 150 deg. E. 60 deg. S. 50 deg. W. 50 deg. S. 50 deg. W. 50 deg. S. 0. Antarctic finfishes include the following: ------------------------------------------------------------------------ Scientific name Common name ------------------------------------------------------------------------ Gobionotothen gibberifrons................ Humped rockcod. Notothenia rossii......................... Marbled rockcod. Lepidorhirus squamifrons.................. Grey rockcod. Dissostichus eleginoides.................. Patagonian toothfish. Patagonothen brevicauda guntheri.......... Patagonian rockcod. Pleuragramma antarcticum.................. Antarctic silverfish. Trematomus spp............................ Antarctic cods. Chaenocephalus aceratus................... Blackfin icefish. Chaenodraco wilsoni....................... Spiny icefish. Champsocephalus gunnari................... Mackerel icefish. Chionodraco rastrospinosus................ Ocellated icefish. Pseudochaenichthys georgianus............. South Georgia icefish. ------------------------------------------------------------------------ Antarctic marine living resources or AMLR(s) means the populations of finfish, mollusks, crustaceans, and all other species of living organisms, including birds, found south of the Antarctic Convergence, and their parts or products. Commission means the Commission for the Conservation of Antarctic Marine Living Resources established under Article VII of the Convention. Convention waters means all waters south of the Antarctic Convergence. Directed fishing, with respect to any species or stock of fish, means any fishing that results in such fish comprising more than 1 percent by weight, at any time, of the catch on board the vessel. Fish means finfish, mollusks, and crustaceans. Fishery means: (1) One or more stocks of fish that can be treated as a unit for purposes of conservation and management and that are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics. (2) Any fishing for such stocks. Harvesting vessel means any vessel of the United States (this includes any boat, ship, or other craft), that is used for, equipped to be used for, or of a type that is normally used for harvesting. Individual permit means an NSF permit issued under 45 CFR part 670; or an NSF award letter (demonstrating that the individual has received an award from NSF to do research in the Antarctic); or a marine mammal permit issued under Sec. 216.31 of this chapter; or an endangered species permit issued under Sec. 222.21 of this chapter. Inspection vessel means a vessel carrying a CCAMLR inspector and displaying the pennant approved by the Commission to identify such vessel. Land or landing means to begin offloading any fish, to arrive in port with the intention of offloading any fish, or to cause any fish to be offloaded. NSF means National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. Recreational fishing means fishing with hook and line for personal use and not for sale. Scientific research activity means any activity for which a person has a permit from NMFS under Sec. 216.31 of this title or an award letter from NSF or a permit from the NSF under 45 CFR part 670. Scientific research activities may also include harvesting or other associated activities if such activities are designated as scientific research activities by the Assistant Administrator. Sec. 300.102 Relationship to other treaties, conventions, laws, and regulations. (a) Other conventions and treaties to which the United States is a party and other Federal statutes and implementing regulations may impose additional restrictions on the harvesting and importation into the United States of AMLRs. (b) The ACA implements the Antarctic Treaty Agreed Measures for the Conservation of Antarctic Fauna and Flora (12 U.S.T. 794). The ACA and its implementing regulations (45 CFR part 670) apply to certain defined activities of U.S. citizens south of 60 deg. S. lat. (c) The Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Migratory Bird Treaty Act (16 U.S.C. 701 et seq.), and their implementing regulations also apply to the harvesting and importation of AMLRs. Sec. 300.103 Procedure for according protection to CCAMLR Ecosystem Monitoring Program Sites. (a) General. (1) Any person subject to the jurisdiction of the United States must apply for and be granted an entry permit authorizing specific activities prior to entering a CCAMLR Ecosystem Monitoring Program (CEMP) Protected Site designated in accordance with the CCAMLR Conservation Measure describing the Procedures for According Protection for CEMP Sites. (2) If a CEMP Protected Site is also a site specially protected under the Antarctic Treaty (or the Protocol on Environmental Protection to the Antarctic Treaty and its Annexes, when it enters into force), an applicant seeking to enter such a Protected Site must apply to the Director of the NSF for a permit under applicable provisions of the ACA or any superseding legislation. The permit granted by NSF shall constitute a joint CEMP/ACA Protected Site permit and any person holding such a permit must comply with the appropriate CEMP Protected Site Management Plan. In all other cases, an applicant seeking a permit to enter a CEMP Protected Site must apply to the Assistant Administrator for a CEMP permit in accordance with the provisions of this section. (b) Responsibility of CEMP permit holders and persons designated as agents under a CEMP permit. (1) The CEMP permit holder and person designated as agents under a CEMP permit are jointly and severally responsible for compliance with the Act, this subpart, and any permit issued under this subpart. (2) The CEMP permit holder and agents designated under a CEMP permit are responsible for the acts of their employees and agents constituting violations, regardless of whether the specific acts were authorized or forbidden by the CEMP permit holder or agents, and regardless of knowledge concerning their occurrence. (c) Prohibitions regarding the Antarctic Treaty System and other applicable treaties and statutes. Holders of permits to enter CEMP Protected Sites are not permitted to undertake any activities within a CEMP Protected Site that are not in compliance with the provisions of: (1) The Antarctic Treaty, including the Agreed Measures for the Conservation of Antarctic Fauna and Flora (including the Protocol on the Environmental Protection to the Antarctic Treaty and its Annexes when it enters into force), as implemented under by the ACA and any superseding legislation. (Persons interested in [[Page 35564]] conducting activities subject to the Antarctic Treaty or the Protocol should contact the Office of Polar Programs, NSF). (2) The Convention for the Conservation of Antarctic Seals. (3) The Convention and its Conservation Measures in force, implemented under the Act. (d) Prohibitions on takings. Permits issued under this section do not authorize any takings as defined in the applicable statutes and implementing regulations governing the activities of persons in Antarctica. (e) Issuance criteria. Permits designated in this section may be issued by the Assistant Administrator upon a determination that: (1) The specific activities meet the requirements of the Act. (2) There is sufficient reason, established in the permit application, that the scientific purpose for the intended entry cannot be served elsewhere. (3) The actions permitted will not violate any provisions or prohibitions of the Protected Site's Management Plan submitted in compliance with the CCAMLR Conservation Measure describing the Procedures for According Protection to CEMP Sites. (f) Application process. An applicant seeking a CEMP permit from the Assistant Administrator to enter a CEMP Protected Site shall include the following in the application. (1) A detailed justification that the scientific objectives of the applicant cannot be accomplished elsewhere and a description of how said objectives will be accomplished within the terms of the Protected Site's Management Plan. (2) A statement signed by the applicant that the applicant has read and fully understands the provisions and prohibitions of the Protected Site's Management Plan. Prospective applicants may obtain copies of the relevant Management Plans and the CCAMLR Conservation Measure describing the Procedures for According Protection to CEMP Sites by requesting them from the Assistant Administrator. (g) Conditions. CEMP permits issued under this section will contain special and general conditions including a condition that the permit holder shall submit a report describing the activities conducted under the permit within 30 days of the expiration of the CEMP permit. (h) Duration. Permits issued under this section are valid for a period of 1 year. Applicants requesting a permit to reenter a Protected Site must include the report required by the general condition in the previously issued CEMP permit describing the activities conducted under authority of that permit. (i) Transfer. CEMP permits are not transferable or assignable. A CEMP permit is valid only for the person to whom it is issued. (j) Modification. (1) CEMP permits can be modified by submitting a request to the Assistant Administrator. Such requests shall specify: (i) The action proposed to be taken along with a summary of the reasons therefore. (ii) The steps that the permit holder may take to demonstrate or achieve compliance with all lawful requirements. (2) If a requested modification is not in compliance with the terms of the Protected Site's Management Plan, the Assistant Administrator will treat the requested modification as an application for a new CEMP permit and so notify the holder. Modifications will be acted upon within 30 days of receipt. The CEMP permit holder must report to the Assistant Administrator any change in previously submitted information within 10 days of the change. (3) Additional conditions and restrictions. The Assistant Administrator may revise the CEMP permit effective upon notification of the permit holder, to impose additional conditions and restrictions as necessary to achieve the purposes of the Convention, the Act and the CEMP Management Plan. The CEMP permit holder must, as soon as possible, notify any and all agents operating under the permit of any and all revisions or modifications to the permit. (k) Revocation or suspension. CEMP permits may be revoked or suspended based upon information received by the Assistant Administrator and such revocation or suspension shall be effective upon notification to the permit holder. (1) A CEMP permit may be revoked or suspended based on a violation of the permit, the Act, or this subpart. (2) Failure to report a change in the information submitted in a CEMP permit application within 10 days of the change is a violation of this subpart and voids the application or permit, as applicable. Title 15 CFR part 904 governs permit sanctions under this subpart. (l) Exceptions. Entry into a Protected Site described in this section is lawful if committed under emergency conditions to prevent the loss of human life, compromise human safety, prevent the loss of vessels or aircraft, or to prevent environmental damage. (m) Protected sites. (1) Sites protected by the Antarctic Treaty and regulated under the ACA are listed at 45 CFR part 670 subparts G and H. (2) The following sites have been identified as CEMP Protected Sites subject to the regulatory authority of the Act: (i) Seal Islands, South Shetland Islands--The Seal Islands are composed of islands and skerries located approximately 7 km north of the northwest corner of Elephant Island, South Shetland Islands. The Seal Islands CEMP Protected Site includes the entire Seal Islands group, which is defined as Seal Island plus any land or rocks exposed at mean low tide within a distance of 5.5 km of the point of highest elevation on Seal Island. Seal Island is situated at 60 deg.59'14'' S. lat., 55 deg.23'04'' W. long. (ii) Cape Shirreff and the San Telmo Islands. This designation takes effect on May 1, 1995. Cape Shirreff is a low, ice-free peninsula towards the western end of the north coast of Livingston Island, South Shetland Islands, situated at 62 deg.29' S. lat., 60 deg.47' W. long., between Barclay Bay and Hero Bay. San Telmo Island is the largest of a small group of ice-free rock islets, approximately 2 km west of Cape Shirreff. The boundaries of the Cape Shirreff CEMP Protected Site are identical to the boundaries of the Site of Special Scientific Interest No. 32, as specified by ATCM Recommendation XV-7. No manmade boundary markers indicate the limits of the SSSI or protected site. The boundaries are defined by natural features and include the entire area of the Cape Shirreff peninsula north of the glacier ice tongue margin, and most of the San Telmo Island group. For the purposes of the protected site, the entire area of Cape Shirreff and the San Telmo Island group is defined as any land or rocks exposed at mean low tide within the area delimited by the map of SSSI No. 32 and available from the Assistant Administrator. Sec. 300.104 Scientific research. (a) The management measures issued pursuant to the procedures at Sec. 300.111 do not apply to catches of less than 5 tons taken by any vessel for research purposes, unless otherwise indicated. (b) Catches taken by any vessel for research purposes will be considered as part of any catch limit. (c) The catch reporting procedure identified in management measures issued pursuant to the procedures at Sec. 300.111 applies whenever the catch within any 5-day reporting period exceeds 5 tons, unless more specific [[Page 35565]] reporting requirements apply to the species being fished. (d) Any person, organization or institution planning to use a vessel for research purposes, when the estimated catch is expected to be less than 50 tons, must provide the following vessel and research notification to the Assistant Administrator at least 2 months in advance of the planned research: (1) Name and registration number of vessel. (2) Division and subarea in which research is to be carried out. (3) Estimated dates of entering and leaving CCAMLR Convention Area. (4) Purposes of research. (5) Fishing equipment to be used (bottom trawl, midwater trawl, longline, crab pots, other). (e) The following measures apply to any person planning to use any vessel for research purposes, when the estimated catch is expected to be more than 50 tons: (1) The person must use the CCAMLR Format for Reporting Plans for Finfish Surveys in the Convention Area when the Total Catch is Expected to be More Than 50 Tons to report the details of the research plan to the Assistant Administrator at least 7 months in advance of the planned starting date for the research. A copy of the format is available from the Assistant Administrator. (2) The format requires: (i) The name of the CCAMLR Member. (ii) Survey details. (iii) Description of the vessel. (iv) Description of the fishing gear to be used. (v) Description of acoustic gear to be used. (vi) Survey design and methods of data analyses. (vii) Data to be collected. (3) A summary of the results of any research fishing subject to these provisions must be provided to the Assistant Administrator within 150 days of the completion of the research fishing and a full report must be provided within 11 months. (4) Catch and effort data resulting from the research fishing must be reported to the Assistant Administrator using the CCAMLR C4 haul-by- haul reporting format for research vessels. Sec. 300.105 Initiating a new fishery. (a) A new fishery, for purposes of this section, is a fishery on a species using a particular method in a statistical subarea for which: (1) Information on distribution, abundance, demography, potential yield and stock identity from comprehensive research/surveys or exploratory fishing has not been submitted to CCAMLR; (2) Catch and effort data have never been submitted to CCAMLR; or (3) Catch and effort data from the two most recent seasons in which fishing occurred have not been submitted to CCAMLR. (b) An individual subject to these regulations intending to develop a new fishery shall notify the Assistant Administrator no later than July 1 of the year in which he or she intends to initiate the fishery and shall not initiate the fishery pending CCAMLR review. (c) The notification shall be accompanied by information on: (1) The nature of the proposed fishery, including target species, methods of fishing, proposed region and any minimum level of catches that would be required to develop a viable fishery. (2) Biological information from comprehensive research/survey cruises, such as distribution, abundance, demographic data and information on stock identity. (3) Details of dependent and associated species and the likelihood of them being affected by the proposed fishery. (4) Information from other fisheries in the region or similar fisheries elsewhere that may assist in the valuation of potential yield. Sec. 300.106 Exploratory fisheries. (a) An exploratory fishery, for purposes of this section, is a fishery that was previously defined as a new fishery under Sec. 300.105. (b) A fishery will continue to be classified as an exploratory fishery until sufficient information is available to: (1) Evaluate the distribution, abundance, and demography of the target species, leading to an estimate of the fishery's potential yield. (2) Review the fishery's potential impacts on dependent and related species. (3) Allow the CCAMLR Scientific Committee to formulate and provide advice to the Commission on appropriate harvest catch levels and fishing gear. (c) Each vessel participating in an exploratory fishery must carry a scientific observer. (d) The operator of any vessel engaging in an exploratory fishery must submit, by the date specified in the operator's harvesting permit, catch, effort, and related biological, ecological, and environmental data as required by a data collection plan for the fishery formulated by the CCAMLR Scientific Committee. (e) In addition to the requirements in Sec. 300.112, any individual planning to enter an exploratory fishery must notify the Assistant Administrator no later than 4 months in advance of the annual meeting of CCAMLR. The Assistant Administrator will not issue a permit to enter an exploratory fishery until after the requirements of Sec. 300.112 have been met and the meeting of CCAMLR, which receives and considers the notice made to the Assistant Administrator, has been concluded. Sec. 300.107 Reporting and recordkeeping requirements. The operator of any vessel required to have a permit under this subpart must: (a) Accurately maintain on board the vessel a fishing logbook and all other reports and records required by its permit. (b) Make such reports and records available for inspection upon the request of an authorized officer or CCAMLR inspector. (c) Within the time specified in the permit, submit a copy of such reports and records to the Assistant Administrator. Sec. 300.108 Vessel and gear identification. (a) Vessel identification. (1) The operator of each harvesting vessel assigned an IRCS must display that call sign amidships on both the port and starboard sides of the deckhouse or hull, so that it is visible from an enforcement or inspection vessel, and on an appropriate weather deck so that it is visible from the air. (2) The operator of each harvesting vessel not assigned an IRCS, such as a small trawler associated with a mothership or one of a pair of trawlers, must display the IRCS of the associated vessel, followed by a numerical suffix specific for the non-assigned vessel. (3) The vessel identification must be in a color in contrast to the background and must be permanently affixed to the harvesting vessel in block roman alphabet letters and arabic numerals at least 1 m in height for harvesting vessels over 20 m in length, and at least 0.5 m in height for all other harvesting vessels. (b) Navigational lights and shapes. Each harvesting vessel must display the lights and shapes prescribed by the International Regulations for Preventing Collisions at Sea, 1972 (TIAS 8587, and 1981 amendment TIAS 10672), for the activity in which the harvesting vessel is engaged (as described at 33 CFR part 81). (c) Gear identification. (1) The operator of each harvesting vessel must ensure that all deployed fishing gear that is not physically and continuously attached to a harvesting vessel is clearly marked at the surface with a buoy displaying the vessel identification of [[Page 35566]] the harvesting vessel (see paragraph (a) of this section) to which the gear belongs, a light visible for 2 miles at night in good visibility, and a radio buoy. Trawl codends passed from one vessel to another are considered continuously attached gear and do not have to be marked. (2) The operator of each harvesting vessel must ensure that deployed longlines, strings of traps or pots, and gillnets are marked at the surface at each terminal end with a buoy displaying the vessel identification of the harvesting vessel to which the gear belongs (see paragraph (a) of this section), a light visible for 2 miles at night in good visibility, and a radio buoy. (3) Unmarked or incorrectly identified fishing gear may be considered abandoned and may be disposed of in accordance with applicable Federal regulations by any authorized officer or CCAMLR inspector. (d) Maintenance. The operator of each harvesting vessel must: (1) Keep the vessel and gear identification clearly legible and in good repair. (2) Ensure that nothing on the harvesting vessel obstructs the view of the markings from an enforcement or inspection vessel or aircraft. (3) Ensure that the proper navigational lights and shapes are displayed for the harvesting vessel's activity and are properly functioning. Sec. 300.109 Gear disposal. (a) The operator of a harvesting vessel may not dump overboard, jettison or otherwise discard any article or substance that may interfere with other fishing vessels or gear, or that may catch fish or cause damage to any marine resource, including marine mammals and birds, except in cases of emergency involving the safety of the ship or crew, or as specifically authorized by communication from the appropriate USCG commander or authorized officer. These articles and substances include, but are not limited to, fishing gear, net scraps, bale straps, plastic bags, oil drums, petroleum containers, oil, toxic chemicals or any manmade items retrieved in a harvesting vessel's gear. (b) The operator of a harvesting vessel may not abandon fishing gear in Convention waters. (c) The operator of a harvesting vessel must provide a copy of the CCAMLR information brochure ``Marine Debris--A Potential Threat to Antarctic Marine Mammals'' to each member of the crew of the harvesting vessel and must display copies of the CCAMLR placard ``Avoidance of Incidental Mortality of Antarctic Marine Mammals'' in the wheelhouse and crew quarters of the harvesting vessels. Copies of the brochure and placard will be provided to each holder of a harvesting permit by NMFS when issuing the permit. Sec. 300.110 Mesh size. (a) The use of pelagic and bottom trawls having the mesh size in any part of a trawl less than indicated is prohibited for any directed fishing for the following Antarctic finfishes: (1) Notothenia rossii and Dissostichus eleginoides--120 mm. (2) Champsocephalus gunnari--90 mm. (3) Gobionotothen gibberifrons, Notothenia kempi and Lepidorhirus squamifrons--80 mm. (b) Any means or device that would reduce the size or obstruct the opening of the meshes is prohibited. (c) The following procedure will be used for determining compliance with mesh size requirements. (1) Description of gauges. (i) Gauges for determining mesh sizes will be 2 mm thick, flat, of durable material and capable of retaining their shape. They may have either a series of parallel-edged sides connected by intermediate tapering edges with a taper of one to eight on each side, or only tapering edges with the taper defined above. They will have a hole at the narrowest extremity. (ii) Each gauge will be inscribed on its face with the width in millimeters both on the parallel-sided section, if any, and on the tapering section. In the case of the latter, the width will be inscribed every 1 mm interval, but the indication of the width may appear at regular intervals other than 1 mm. (2) Use of the gauge. (i) The net will be stretched in the direction of the long diagonal of the meshes. (ii) A gauge as described in paragraph (c)(1) of this section will be inserted by its narrowest extremity into the mesh opening in a direction perpendicular to the plane of the net. (iii) The gauge may be inserted into the mesh opening either with a manual force or using a weight or dynamometer, until it is stopped at the tapering edges by the resistance of the mesh. (3) Selection of meshes to be measured. (i) Meshes to be measured will form a series of 20 consecutive meshes chosen in the direction of the long axis of the net, except that the meshes to be measured need not be consecutive if the application of paragraph (c)(3)(ii) of this section prevents it. (ii) Meshes less than 50 cm from lacings, ropes, or codline will not be measured. This distance will be measured perpendicular to the lacings, ropes or codline with the net stretched in the direction of that measurement. No mesh will be measured which has been mended or broken or has attachments to the net fixed at that mesh. (iii) Nets will be measured only when wet and unfrozen. (4) The measurement of each mesh will be the width of the gauge at the point where the gauge is stopped, when using this gauge in accordance with paragraph (c)(2) of this section. (5) Determination of the mesh size of the net will be the arithmetical mean in millimeters of the measurements of the total number of meshes selected and measured as provided for in paragraphs (c) (3) and (4) of this section, the arithmetical mean being rounded up to the next millimeter. (6) Inspection procedure. (i) One series of 20 meshes, selected in accordance with paragraph (c)(3) of this section, will be measured by inserting the gauge manually without using a weight or dynamometer. The mesh size of the net will then be determined in accordance with paragraph (c)(5) of this section. If the calculation of the mesh size shows that the mesh size does not appear to comply with the rules in force, then two additional series of 20 meshes selected in accordance with paragraph (c)(3) of this section will be measured. The mesh size will then be recalculated in accordance with paragraph (c)(5) of this section, taking into account the 60 meshes already measured; this recalculation will be the mesh size of the net. (ii) If the captain of the vessel contests the mesh size determined in accordance with paragraph (c)(6)(i) of this section, such measurement will not be considered for the determination of the mesh size and the net will be remeasured. (A) A weight or dynamometer attached to the gauge will be used for remeasurement. The choice of weight or dynamometer is at the discretion of the inspectors. The weight will be fixed to the hole in the narrowest extremity of the gauge using a hook. The dynamometer may either be fixed to the hole in the narrowest extremity of the gauge or be applied at the largest extremity of the gauge. (B) The accuracy of the weight or dynamometer must be certified by the appropriate national authority. (C) For nets of a mesh size of 35 mm or less as determined in accordance with paragraph (c)(6)(i) of this section, a force of 19.61 newtons (equivalent to a mass of 2 kg) will be applied, and for other nets, a force of 49.03 newtons (equivalent to a mass of 5 kg). [[Page 35567]] (D) For the purposes of determining the mesh size in accordance with paragraph (c)(5) of this section, when using a weight or dynamometer, one series of 20 meshes only will be measured. Sec. 300.111 Framework for annual management measures. (a) Introduction. New management measures may be added and others modified through publication of a regulatory action in the Federal Register. The following framework process authorizes the implementation of measures that may affect the operation of the commercial or exploratory fisheries, gear, area restrictions, or changes in catch and/or effort. (b) Preliminary notice. The Secretary of State shall publish preliminary notice in the Federal Register of the management measures adopted by the parties to the Convention. (c) Procedure. At its annual meeting, usually in October or November, the Commission may recommend new measures and that established measures be modified, removed, or re-instituted. After public notice of those recommendations by the Secretary of State and opportunity for public comment, and after considering the impact of instituting the measures and any public comment received by the Secretary of State, the Assistant Administrator may implement the management measures by notice in the Federal Register, with immediate force and effect. The notification in the Federal Register will summarize new management measures, and respond to any public comments received by the Secretary of State on the preliminary notice. (d) Types of management measures to be frameworked. Management measures that may be implemented by regulatory notice rather than by codified regulation are those that generally will not remain in effect for more than 12 months and include catch restrictions, time and area closures, and gear restrictions. Sec. 300.112 Harvesting permits. (a) General. (1) Every vessel subject to the jurisdiction of the United States that attempts to reduce or reduces any AMLR to possession must have a harvesting permit authorizing the attempt or reduction, unless the attempt or reduction occurs during recreational fishing or is covered by an individual permit. Boats launched from a vessel issued a harvesting permit do not require a separate permit, but are covered by the permit issued the launching vessel. Any enforcement action that results from the activities of a launched boat will be taken against the launching vessel. (2) Permits issued under this section do not authorize vessels or persons subject to the jurisdiction of the United States to harass, capture, harm, kill, harvest, or import marine mammals. No marine mammals may be taken in the course of commercial fishing operations unless the taking is allowed under the Marine Mammal Protection Act and/or the Endangered Species Act pursuant to an exemption or permit granted by the appropriate agency. (b) Responsibility of owners and operators. (1) The owners and operators of each harvesting vessel are jointly and severally responsible for compliance with the Act, this subpart, and any permit issued under the Act and this subpart. (2) The owners and operators of each such vessel are responsible for the acts of their employees and agents constituting violations, regardless of whether the specific acts were authorized or forbidden by the owners or operators, and regardless of knowledge concerning their occurrence. (3) The owner of such vessel must report any sale, change in ownership, or other disposition of the vessel to the Assistant Administrator within 15 days of the occurrence. (c) Application. Application forms for harvesting permits are available from the Assistant Administrator (Attn: CCAMLR permits). A separate fully completed and accurate application must be submitted for each vessel for which a harvesting permit is requested at least 90 days before the date anticipated for the beginning of harvesting. (d) Issuance. The Assistant Administrator may issue a harvesting permit to a vessel if the Assistant Administrator determines that the harvesting described in the application will meet the requirements of the Act and will not: (1) Decrease the size of any harvested population to levels below those that ensure its stable recruitment. For this purpose, the Convention recommends that its size not be allowed to fall below a level close to that which ensures the greatest net annual increment. (2) Upset the ecological relationships between harvested, dependent, and related populations of AMLRs and the restoration of depleted populations to levels that will ensure stable recruitment. (3) Cause changes or increase the risk of changes in the marine ecosystem that are not potentially reversible over 2 or 3 decades, taking into account the state of available knowledge of the direct and indirect impact of harvesting, the effect of the introduction of alien species, the effects of associated activities on the marine ecosystem and of the effects of environmental changes, with the aim of making possible the sustained conservation of AMLRs. (4) Violate the management measures issued pursuant to Sec. 300.111 of this subpart. (5) Violate any other conservation measures in force with respect to the United States under the Convention or the Act. (e) Duration. A harvesting permit is valid from its date of issuance to its date of expiration unless it is revoked or suspended. (f) Transfer. Permits are not transferable or assignable. A permit is valid only for the vessel to which it is issued. (g) Display. Each harvesting vessel when engaged in harvesting must either have on board an up-to-date copy of its harvesting permit or a fully completed and up-to-date harvesting vessel certificate and the vessel operator must produce it for inspection upon the request of an authorized officer or CCAMLR inspector. In order for the certificate to be considered complete, the vessel owner or operator must enter on it the name and IRCS of the vessel issued the harvesting permit, the number of the harvesting permit and its date of issuance and expiration, the harvesting authorized by the permit, and all conditions and restrictions contained in the permit. Blank certificates are available from the Assistant Administrator. (h) Changes in information submitted by permit applicants or holders--(1) Changes in pending applications. Applicants for a harvesting permit must report to the Assistant Administrator in writing any change in the information contained in the application. The processing period for the application will be extended as necessary to review the change. (2) Changes occurring after permit issuance--(i) Changes other than in the manner and amount of harvesting. The owner or operator of a vessel that has been issued a harvesting permit must report to the Assistant Administrator in writing any change in previously submitted information other than a proposed change in the location, manner, or amount of harvesting within 15 days of the change. Based on such reported information, the Assistant Administrator may revise the permit effective upon notification to the permit holder. As soon as possible, the vessel owner or operator must revise any [[Page 35568]] harvesting vessel certificate evidencing the permit, accordingly. (ii) Requested changes in the location, manner, or amount of harvesting. Any changes in the manner or amount of harvesting must be proposed in writing to the Assistant Administrator and may not be undertaken unless authorized by the Assistant Administrator through a permit revision or issuance of a new permit. If a requested change in the location, manner, or amount of harvesting could significantly affect the status of any Antarctic marine living resource, the Assistant Administrator will treat the requested change as an application for a new permit and so notify the holder. (i) Additional conditions and restrictions. The Assistant Administrator may revise the harvesting permit, effective upon notification to the permit holder, to impose additional conditions and restrictions on the harvesting vessel as necessary to achieve the purposes of the Convention or the Act. The permit holder must, as soon as possible, direct the vessel operator to revise the harvesting vessel certificate, if any, accordingly. (j) Revision, suspension, or revocation for violations. A harvesting permit may be revised, suspended, or revoked if the harvesting vessel is involved in the commission of any violation of its permit, the Act, or this subpart. Failure to report a change in the information contained in an application within 15 days of the change is a violation of this subpart and voids the application or permit, as applicable. If a change in vessel ownership is not reported, the violation is chargeable to the previous owner. Title 15 CFR part 904 governs permit sanctions under this subpart. Sec. 300.113 Import permits. (a) General. (1) Any AMLR may be imported into the United States if its harvest is authorized by an individual permit or a harvesting permit. The harvesting permit, the harvesting vessel certificate, or the individual permit, or a copy of any thereof, must accompany the import. AMLRs harvested by entities not subject to U.S. jurisdiction and, thus, not harvested under a U.S. issued permit (i.e., a harvesting permit or an individual permit), also may be imported into the United States if such harvesting will meet or met the requirements of the Act and will not or did not violate any conservation measure in force with respect to the United States under the Convention or the Act or violate any of the regulations in this subpart, including resource management measures contained therein. A NMFS issued import permit or copy thereof must accompany such an import as proof that the foreign harvested resources met such requirements. Further, the importer is required to complete and return to the Assistant Administrator, no later than 10 days after the date of the importation, an import ticket reporting the importation. However, in no event may a marine mammal be imported into the United States unless authorized and accompanied by an import permit issued under the Marine Mammal Protection Act and/or the Endangered Species Act. (2) A permit issued under this section does not authorize the harvest of any AMLRs. (b) Application. Application forms for import permits are available from the Assistant Administrator (Attn: CCAMLR permits). A fully completed and accurate application must be submitted for each import permit requested at least 30 days before the anticipated date of the importation. (c) Issuance. The Assistant Administrator may issue an import permit if the Assistant Administrator determines that the importation meets the requirements of the Act and that the resources were not or will not be harvested in violation of any conservation measure in force with respect to the United States or in violation of any regulation in this subpart. Blank import tickets will be attached to the permit. Additional blank import tickets are available from the Assistant Administrator. (d) Duration. An import permit is valid from its date of issuance to its date of expiration unless it is revoked or suspended. (e) Transfer. An import permit is not transferable or assignable. (f) Changes in information submitted by permit applicants or holders--(1) Changes in pending applications. Applicants for an import permit must report in writing to the Assistant Administrator any change in the information submitted in their import permit application. The processing period for the application will be extended as necessary to review the change. (2) Changes occurring after permit issuance. Any entity issued an import permit must report in writing to the Assistant Administrator any changes in previously submitted information. Any changes that would not result in a change in the importation authorized by the permit must be reported on the import ticket required to be submitted to the Assistant Administrator no later than 10 days after the date of importation. Any changes that would result in a change in the importation authorized by the permit, such as country of origin, type and quantity of the resource to be imported, and Convention statistical subarea from which the resource was harvested, must be proposed in writing to the Assistant Administrator and may not be undertaken unless authorized by the Assistant Administrator by a permit revision or new permit. (g) Revision, suspension, or revocation. An import permit may be revised, suspended, or revoked based upon information subsequently reported, effective upon notification to the permit holder. An import permit may be revised, suspended, or revoked, based upon a violation of the permit, the Act, or this subpart. Failure to report a change in the information contained in an import permit application is a violation of this subpart and voids the application or permit, as applicable. Title 15 CFR part 904 governs permit sanctions under this subpart. (h) Disposition of resources not accompanied by required documentation. (1) When AMLRs are imported into the United States unaccompanied by a permit authorizing import, the importer must either: (i) Abandon the resources; (ii) Waive claim to the resources; or (iii) Place the resources into a bonded warehouse and attempt to obtain a permit authorizing their importation. (2) If, within 60 days of such resources being placed into a bonded warehouse, the District Director of the U.S. Customs Service receives documentation that import of the resources into the United States is authorized by a permit, the resources will be allowed entry. If documentation of a permit is not presented within 60 days, the importer's claim to the resources will be deemed waived. (3) When resources are abandoned or claim to them waived, the resources will be delivered to the Administrator of NOAA, or a designee, for storage or disposal as authorized by law. Sec. 300.114 Appointment of a designated representative. (a) All holders of permits authorizing fishing in subarea 48.3 must appoint a designated representative in the United States. (b) The designated representative will be notified of closures under Sec. 300.111 and must transmit this information to the vessel on the grounds. (c) The designated representative may receive catch reports from the vessel and transmit the reports to NMFS in writing. [[Page 35569]] Sec. 300.115 Prohibitions. In addition to the prohibitions in Sec. 300.4, it is unlawful for any person to: (a) Reduce to possession or attempt to reduce to possession any AMLRs without a permit for such activity as required by Sec. 300.112. (b) Import into the United States any AMLRs without either a permit to import those resources as required by Sec. 300.113 or a permit to harvest those resources as required by Sec. 300.112. (c) Engage in harvesting or other associated activities in violation of the provisions of the Convention or in violation of a conservation measure in force with respect to the United States under Article IX of the Convention. (d) Ship, transport, offer for sale, sell, purchase, import, export or have custody, control or possession of, any AMLR that he or she knows, or reasonably should have known, was harvested in violation of a conservation measure in force with respect to the United States under article IX of the Convention or in violation of any regulation promulgated under this subpart, without regard to the citizenship of the person that harvested, or vessel that was used in the harvesting of, the AMLR. (e) Refuse to allow any CCAMLR inspector to board a vessel of the United States or a vessel subject to the jurisdiction of the United States for the purpose of conducting an inspection authorized by the Act, this subpart, or any permit issued under the Act. (f) Refuse to provide appropriate assistance, including access as necessary to communications equipment, to CCAMLR inspectors. (g) Refuse to sign a written notification of alleged violations of Commission measures in effect prepared by a CCAMLR inspector. (h) Assault, resist, oppose, impede, intimidate, or interfere with a CCAMLR inspector in the conduct of any boarding or inspection authorized by the Act, this subpart, or any permit issued under the Act. (i) Use any vessel to engage in harvesting after the revocation, or during the period of suspension, of an applicable permit issued under the Act. (j) Fail to identify, falsely identify, fail to properly maintain, or obscure the identification of a harvesting vessel or its gear as required by this subpart. (k) Fish in a closed area. (l) Trawl with a mesh size in any part of the trawl net smaller than that allowed for any directed fishing for Antarctic finfishes as specified in management measures issued pursuant to Sec. 300.111. (m) Use any means or device that would reduce the size or obstruct the opening of the trawl meshes specified in management measures issued pursuant to Sec. 300.111. (n) Possess fish in violation of the catch limit specified in management measures issued pursuant to Sec. 300.111. (o) Discard netting or other substances in the Convention Area in violation of Sec. 300.109. (p) Violate or attempt to violate any provision of this subpart, the Act, any other regulation promulgated under the Act or any permit issued under the Act. Sec. 300.116 Facilitation of enforcement and inspection. In addition to the facilitation of enforcement provisions of Sec. 300.5, the following requirements apply to this subpart. (a) Access and records. (1) The owners and operator of each harvesting vessel must provide authorized officers and CCAMLR inspectors access to all spaces where work is conducted or business papers and records are prepared or stored, including but not limited to personal quarters and areas within personal quarters. If inspection of a particular area would interfere with specific on-going scientific research, and if the operator of the harvesting vessel makes such assertion and produces an individual permit that covers that specific research, the authorized officer or CCAMLR inspector will not disturb the area, but will record the information pertaining to the denial of access. (2) The owner and operator of each harvesting vessel must provide to authorized officers and CCAMLR inspectors all records and documents pertaining to the harvesting activities of the vessel, including but not limited to production records, fishing logs, navigation logs, transfer records, product receipts, cargo stowage plans or records, draft or displacement calculations, customs documents or records, and an accurate hold plan reflecting the current structure of the vessel's storage and factory spaces. (3) Before leaving vessels that have been inspected, the CCAMLR inspector will give the master of the vessel a Certificate of Inspection and a written notification of any alleged violations of Commission measures in effect and will afford the master the opportunity to comment on it. The ship's master must sign the notification to acknowledge receipt and the opportunity to comment on it. (b) Reports by non-inspectors. All scientists, fishermen, and other non-inspectors present in the Convention area and subject to the jurisdiction of the United States are encouraged to report any violation of Commission conservation and management measures observed in the Convention area to the Office of Ocean Affairs (CCAMLR Violations), Department of State, Room 5801, Washington, DC 20520. (c) Storage of AMLRs. The operator of each harvesting vessel storing AMLRs in a storage space on board the vessel must ensure that non-resource items are neither stowed beneath nor covered by resource items, unless required to maintain the stability and safety of the vessel. Non-resource items include, but are not limited to, portable conveyors, exhaust fans, ladders, nets, fuel bladders, extra bin boards, or other moveable non-resource items. These non-resource items may be in a resource storage space when necessary for the safety of the vessel or crew or for the storage of the items. Lumber, bin boards, or other dunnage may be used for shoring or bracing of product to ensure the safety of crew and to prevent shifting of cargo within the space. Sec. 300.117 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. BILLING CODE 3510-225571-P [[Page 35570]] Figure 1 to Subpart G--Boundaries of the Statistical Reporting Area in the Southern Ocean [GRAPHIC] [TIFF OMITTED] TR05JY96.006 [[Page 35571]] Figure 2 to Subpart G--The Use of Streamer Lines to Minimize the Incidental Mortality of Seabirds in the Course of Longline Fishing or Longline Fishing Research Operations in the Convention Area [GRAPHIC] [TIFF OMITTED] TR05JY96.007 BILLING CODE 3510-22-C [[Page 35572]] Subpart H--Vessels of the United States Fishing in Colombian Treaty Waters Authority: 16 U.S.C. 1801 et seq. Sec. 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). Sec. 300.121 Definitions. In addition to the terms defined in Sec. 300.2, the Magnuson Act, and Sec. 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 Sec. 300.2, the Magnuson Act, or the Treaty, the definition in this section shall apply. Conch means Strombus gigas. Factory vessel means a vessel that processes, transforms, or packages aquatic biological resources on board. Lobster means one or both of the following: (1) Smoothtail lobster, Panulirus laevicauda. (2) Spiny lobster, Panulirus argus. Regional Director means the Director, Southeast Region, or a designee. Science and Research Director means the Director, Southeast Fisheries Science Center. Treaty waters means the waters of one or more of the following: (1) Quita Sueno, enclosed by latitudes 13 deg.55'N. and 14 deg.43'N. between longitudes 80 deg.55'W. and 81 deg.28'W. (2) Serrana, enclosed by arcs 12 nautical miles from the low water line of the cays and islands in the general area of 14 deg.22'N. lat., 80 deg.20'W. long. (3) Roncador, enclosed by arcs 12 nautical miles from the low water line of Roncador Cay, in approximate position 13 deg.35'N. lat., 80 deg.05'W. long. Sec. 300.122 Relation to other laws. (a) The relation of this subpart to other laws is set forth in Sec. 600.705 of this title and paragraph (b) of this section. Particular note should be made to the reference in Sec. 600.705 to the applicability of title 46 U.S.C., under which a Certificate of Documentation is invalid when the vessel is placed under the command of a person who is not a citizen of the United States. (b) Minimum size limitations for certain species, such as reef fish in the Gulf of Mexico, may apply to vessels transiting the EEZ with such species aboard. Sec. 300.123 Certificates and permits. (a) Applicability. An owner of a vessel of the United States that fishes in treaty waters is required to obtain an annual certificate issued by the Republic of Colombia and an annual vessel permit issued by the Regional Director. (b) Application for certificate/permit. (1) An application for a permit must be submitted and signed by the vessel's owner. An application may be submitted at any time, but should be submitted to the Regional Director not less than 90 days in advance of its need. Applications for the ensuing calendar year should be submitted to the Regional Director by October 1. (2) An applicant must provide the following: (i) A copy of the vessel's valid USCG certificate of documentation or, if not documented, a copy of its valid state registration certificate. (ii) Vessel name and official number. (iii) Name, address, telephone number, and other identifying information of the vessel owner or, if the owner is a corporation or partnership, of the responsible corporate officer or general partner. (iv) Principal port of landing of fish taken from treaty waters. (v) Type of fishing to be conducted in treaty waters. (vi) Any other information concerning the vessel, gear characteristics, principal fisheries engaged in, or fishing areas, as specified on the application form. (vii) Any other information that may be necessary for the issuance or administration of the permit, as specified on the application form. (c) Issuance. (1) The Regional Director will request a certificate from the Republic of Colombia if: (i) The application is complete. (ii) The applicant has complied with all applicable reporting requirements of Sec. 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 Sec. 300.124 during the year immediately preceding the application, the Regional Director will notify the applicant of the deficiency. If the applicant fails to correct the deficiency within 30 days of the Regional Director's notification, the application will be considered abandoned. (3) The Regional Director will issue a permit as soon as the certificate is received from the Republic of Colombia. (d) Duration. A certificate and permit are valid for the calendar year for which they are issued, unless the permit is revoked, suspended, or modified under subpart D of 15 CFR part 904. (e) Transfer. A certificate and permit issued under this section are not transferable or assignable. They are valid only for the fishing vessel and owner for which they are issued. (f) Display. A certificate and permit issued under this section must be carried aboard the fishing vessel while it is in treaty waters. The operator of a fishing vessel must present the certificate and permit for inspection upon request of an authorized officer or an enforcement officer of the Republic of Colombia. (g) Sanctions and denials. Procedures governing enforcement-related permit sanctions and denials are found at subpart D of 15 CFR part 904. (h) Alteration. A certificate or permit that is altered, erased, or mutilated is invalid. (i) Replacement. A replacement certificate or permit may be issued upon request. Such request must clearly state the reason for a replacement certificate or permit. (j) Change in application information. The owner of a vessel with a permit must notify the Regional Director within 30 days after any change in the application information required by paragraph (b)(2) of this section. The permit is void if any change in the information is not reported within 30 days. Sec. 300.124 Recordkeeping and reporting. (a) Arrival and departure reports. The operator of each vessel of the United States for which a certificate and permit have been issued under Sec. 300.123 must report by radio to the Port Captain, San Andres Island, voice radio call sign ``Capitania de San Andres,'' the vessel's arrival in and departure from treaty waters. Radio reports must be made on 8222.0 kHz or 8276.5 kHz between 8:00 a.m. and 12 noon, local time (1300-1700, Greenwich mean time) Monday through Friday. (b) Catch and effort reports. Each vessel of the United States must report its catch and effort on each trip into treaty waters to the Science and Research Director on a form available from the Science and Research Director. These forms must be submitted to the Science and Research Director so as to be received no later than 7 days after the end of each fishing trip. Sec. 300.125 Vessel identification. (a) Official number. A vessel with a permit issued pursuant to Sec. 300.123, when in treaty waters, must display its official number on the port and starboard sides of the deckhouse or hull, [[Page 35573]] and on an appropriate weather deck, so as to be clearly visible from an enforcement vessel or aircraft. The official number must be permanently affixed to or painted on the vessel and must be in block arabic numerals in contrasting color to the background at least 18 inches (45.7 cm) in height for fishing vessels over 65 ft (19.8 m) in length, and at least 10 inches (25.4 cm) in height for all other vessel. (b) Duties of operator. The operator of each fishing vessel must-- (1) Keep the official number clearly legible and in good repair. (2) Ensure that no part of the fishing vessel, its rigging, fishing gear, or any other material aboard obstructs the view of the official number from an enforcement vessel or aircraft. Sec. 300.126 Prohibitions. In addition to the general prohibitions specified in Sec. 600.725 of this title and the prohibited acts specified in Sec. 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 Sec. 300.123(a) and (f). (b) Fail to notify the Regional Director of a change in application information, as specified in Sec. 300.123(j). (c) Fail to report a vessel's arrival in and departure from treaty waters, as required by Sec. 300.124(a). (d) Falsify or fail to display and maintain vessel identification, as required by Sec. 300.125. (e) Fail to comply immediately with instructions and signals issued by an enforcement officer of the Republic of Colombia, as specified in Sec. 300.127. (f) Operate a factory vessel in treaty waters, as specified in Sec. 300.130(a). (g) Use a monofilament gillnet in treaty waters, as specified in Sec. 300.130(b). (h) Use autonomous or semi-autonomous diving equipment in treaty waters, as specified in Sec. 300.130(c). (i) Use or possess in treaty waters a lobster trap or fish trap without a degradable panel, as specified in Sec. 300.130(d). (j) Possess conch smaller than the minimum size limit, as specified in Sec. 300.131(a). (k) Fish for or possess conch in the closed area or during the closed season, as specified in Sec. 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 Sec. 300.132(a). (m) Possess a lobster smaller than the minimum size, as specified in Sec. 300.132(b). (n) Fail to return immediately to the water unharmed a berried or undersized lobster, as specified in Sec. 300.132(a) and (b). Sec. 300.127 Facilitation of enforcement. (a) The provisions of Sec. 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. Sec. 300.128 Penalties. Any person committing or fishing vessel used in the commission of a violation of the Magnuson Act or any regulation issued under the Magnuson Act, is subject to the civil and criminal penalty provisions and civil forfeiture provisions of the Magnuson Act, to part 600 of this title, to 15 CFR part 904, and to other applicable law. In addition, Colombian authorities may require a vessel involved in a violation of this subpart to leave treaty waters. Sec. 300.129 Fishing year. The fishing year for fishing in treaty waters begins on January 1 and ends on December 31. Sec. 300.130 Vessel and gear restrictions. (a) Factory vessels. Factory vessels are prohibited from operating in treaty waters. (b) Monofilament gillnets. A monofilament gillnet made from nylon or similar synthetic material are prohibited from being used in treaty waters. (c) Tanks and air hoses. Autonomous or semiautonomous diving equipment (tanks or air hoses) are prohibited from being used to take aquatic biological resources in treaty waters. (d) Trap requirements. A lobster trap or fish trap used or possessed in treaty waters that is constructed of material other than wood must have an escape panel located in the upper half of the sides or on top of the trap that, when removed, will leave an opening no smaller than the throat or entrance of the trap. Such escape panel must be constructed of or attached to the trap with wood, cotton, or other degradable material. (e) Poisons and explosives. [Reserved] Sec. 300.131 Conch harvest limitations. (a) Size limit. The minimum size limit for possession of conch in or from treaty waters is 7.94 oz (225 g) for an uncleaned meat and 3.53 oz (100 g) for a cleaned meat. (b) Closed area. The treaty waters of Quita Sueno are closed to the harvest or possession of conch. (c) Closed season. During the period July 1 through September 30 of each year, the treaty waters of Serrana and Roncador are closed to the harvest or possession of conch. Sec. 300.132 Lobster harvest limitations. (a) Berried lobsters. A berried (egg-bearing) lobster in treaty waters may not be retained on board. A berried lobster must be returned immediately to the water unharmed. A berried lobster may not be stripped, scraped, shaved, clipped, or in any other manner molested to remove the eggs. (b) Size limit. The minimum size limit for possession of lobster in or from treaty waters is 5.5 inches (13.97 cm), tail length. Tail length means the measurement, with the tail in a straight, flat position, from the anterior upper edge of the first abdominal (tail) segment to the tip of the closed tail. A lobster smaller than the minimum size limit must be returned immediately to the water unharmed. Subpart I--United States-Canada Fisheries Enforcement Authority: 16 U.S.C. 1801 et seq. Sec. 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 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. [[Page 35574]] Sec. 300.141 Definitions. In addition to the terms defined in Sec. 300.2 and those in the Magnuson Act and the Agreement, the terms used in this subpart have the following meanings. If a term is defined differently in Sec. 300.2, the Magnuson Act, or the Agreement, the definition in this section applies. Applicable Canadian fisheries law means any Canadian law, regulation or similar provision relating in any manner to fishing by any fishing vessel other than a Canadian fishing vessel in waters subject to the fisheries jurisdiction of Canada, including, but not limited to, any provision relating to stowage of fishing gear by vessels passing through such waters, and to obstruction or interference with enforcement of any such law or regulation. Authorized officer of Canada means any fishery officer, protection officer, officer of the Royal Canadian Mounted Police, or other employee authorized by the appropriate authority of any national or provincial agency of Canada to enforce any applicable Canadian fisheries law. Canadian fishing vessel means a fishing vessel: (1) That is registered or licensed in Canada under the Canada Shipping Act and is owned by one or more persons each of whom is a Canadian citizen, a person resident and domiciled in Canada, or a corporation incorporated under the laws of Canada or of a province, having its principal place of business in Canada; or (2) That is not required by the Canada Shipping Act to be registered or licensed in Canada and is not registered or licensed elsewhere but is owned as described in paragraph (1) of this definition. Waters subject to the fisheries jurisdiction of Canada means the internal waters, territorial sea, and the zone that Canada has established, extending 200 nautical miles from its coasts, in which it exercises sovereign rights for the purpose of exploration, exploitation, conservation and management of living marine resources, to the extent recognized by the United States. Sec. 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 Sec. 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. Sec. 300.143 Facilitation of enforcement. (a) General. Persons aboard fishing vessels subject to this subpart must immediately comply with instructions and/or signals issued by an authorized officer of the United States or Canada, or by an enforcement vessel or aircraft, to stop the vessel, and with instructions to facilitate safe boarding and inspection for the purpose of enforcing any applicable Canadian fisheries law, the Agreement, or this subpart. All of the provisions of Sec. 300.5 regarding communications, boarding, and signals apply to this subpart. For purposes of this subpart, authorized officer in Sec. 305 means an authorized officer of the United States or Canada. (See paragraph (b) of this section for specific requirements for complying with signals and instructions issued by an authorized officer of Canada.) (b) Canadian signals. In addition to signals set forth in Sec. 300.5, persons aboard fishing vessels subject to this subpart must immediately comply with the following signals by an authorized officer of Canada. (1) Authorized officers of Canada use the following signals to require fishing vessels to stop or heave to: (i) The hoisting of a rectangular flag, known as the International Code Flag ``L'', which is divided vertically and horizontally into quarters and colored so that: (A) The upper quarter next to the staff and the lower quarter next to the fly are yellow; and (B) The lower quarter next to the staff and the upper quarter next to the fly are black; (ii) The flashing of a light to indicate the International Morse Code letter ``L'', consisting of one short flash, followed by one long flash, followed by two short flashes (. -- . .); or (iii) The sounding of a horn or whistle to indicate the International Morse Code letter ``L'', consisting of one short blast, followed by one long blast, followed by two short blasts (. -- . .). [[Page 35575]] (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'' (. . . -- -- . -- . . . -- --). Sec. 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 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. Sec. 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. Sec. 300.151 Definitions. In addition to the terms defined in Sec. 300.2 and those in the Magnuson Act, the terms used in this subpart have the following meanings. If a term is defined differently in Sec. 300.2 or the Magnuson Act, the definition in this section shall apply. Affiliates means two persons (including individuals and entities) related in such a way that-- (1) One indirectly or directly controls or has power to control the other; or (2) A third party controls or has power to control both. Indicia of control include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, or a reorganized entity having the same or similar management, ownership, or employees as a former entity. Agreement means the Agreement Between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics on Mutual Fisheries Relations, signed May 31, 1988. Embassy of the Russian Federation means the Fisheries Attache of the embassy located in Washington, D.C. Fishery resource means any fish, any stock of fish, any species of fish, and any habitat of fish. Fishing or to fish means any activity that does, is intended to, or can reasonably be expected to result in catching or removing from the water fishery resources. Fishing also includes the acts of scouting, processing, and support. Operator, with respect to any vessel, means the master or other individual on board and in charge of either the vessel, the vessel's fishing operation, or both. Owner, with respect to any vessel, means any person who owns that vessel in whole or in part, whether or not it is leased or chartered to or managed by another person, or any charterer, whether bareboat, time, or voyage, and any person who acts in the capacity of a charterer, or manager, including but not limited to parties to a management agreement, operating agreement, or any similar agreement that bestows control over the destination, function, or operation of the vessel, any officer, director, manager, controlling shareholder of any entity described in this definition, any agent designated as such by any person described in this definition, and any affiliate of any person described in this definition. Processing means any operation by a vessel to receive fish from a fishing vessel and/or the preparation of fish, including but not limited to cleaning, cooking, canning, smoking, salting, drying, or freezing, either on the vessel's behalf or to assist another vessel. Regional Director means Director, Alaska Region, or a designee. Relevant laws and regulations of the Russian Federation means those Russian laws and regulations that concern fishing for fishery resources over which Russia exercises sovereign rights or fishery management authority. Russian and Federation mean the Russian Federation, its government, or any organ or entity of its government. Russian continental shelf or continental shelf of Russia means the seabed and subsoil of the submarine areas over which, consistent with international law, Russia exercises sovereign rights. Russian Economic Zone or Russian EZ means a zone of waters off the coast of Russia beyond and adjacent to the Russian territorial sea extending a distance of up to 200 nautical miles from the baseline from which the territorial sea is measured, within which, consistent with international law, Russia has sovereign rights over the fishery resources. Russian Federation or Russia means the governing entity that succeeded the Union of Soviet Socialist Republics, and that is the successor party to the Agreement of May 31, 1988. Russian fisheries, Russian fishery resources, or fishery resources over which Russia exercises sovereign rights or fishery management authority means fishery resources within the Russian EZ, fishery resources of the Russian continental shelf, and anadromous species that originate in the waters of Russia, whether found in the Russian EZ or beyond any exclusive economic zone or its equivalent. Scouting means any operation by a vessel exploring (on behalf of the vessel or another vessel) for the presence of fish by any means that do not involve the catching of fish. Support means any operation by a vessel assisting fishing by another vessel, including-- (1) Transferring or transporting fish or fish products; or (2) Supplying a fishing vessel with water, fuel, provisions, fishing equipment, fish processing equipment, or other supplies. Sec. 300.152 Procedures. (a) Application for annual permits. U.S. vessel owners and operators must have a valid permit issued by the Russian Federation obtained pursuant to a complete application submitted through NMFS before fishing in the Russian EZ or for Russian fishery resources. Application forms and copies of applicable laws and regulations of the Russian Federation may be obtained from NMFS Headquarters. (b) Other application information. Applications for motherships, processing or transport vessels must identify the type of fishing gear to be employed or the fishing quotas if the vessel has received or is requesting a quota. To facilitate processing, NMFS requests that permit applications for more than 10 vessels be grouped by type and fishing area, and provide the name, address, telephone, and FAX number(s) of an individual who will be the official point of contact for an application. (c) Review of Applications. NMFS will review each application, and, if it is complete, forward it to the Department of State for submission to the competent authorities of the Russian Federation. NMFS will notify the permit applicant when the permit is submitted to the Russian Federation. NMFS will return incomplete applications to the applicant. (d) Direct Communication. U.S. applicants may communicate directly with the Russian Federation with regard to the status of their applications or permits and are encouraged to do so. [[Page 35576]] Owners and operators should make direct contact and work with Russian industry and government authorities. Sec. 300.153 Permit issuance. (a) Acceptance. Once the Department of State has accepted the conditions and restrictions proposed by the Russian Federation and all fees have been paid, the competent authorities of the Russian Federation will approve the application. The Russian Federation will issue a permit to the vessel owner for each fishing vessel for which it has approved an application. That vessel will thereupon be authorized by the Russian Federation to fish in accordance with the Agreement and the terms and conditions set forth in the permit. The vessel owner is prohibited from transferring the permit to any other vessel or person. Any such transfer, or the sale or other transfer of the vessel, will immediately invalidate the permit. The vessel owner must notify NMFS of any change in the permit application information submitted to NMFS Headquarters under Sec. 300.152 within 7 calendar days of the change. (b) Copies. The vessel owner and operator must mail a copy of each permit and any conditions and restrictions issued for that vessel by the Russian Federation within 7 calendar days of its receipt to NMFS Headquarters. (c) Validity. Any permit issued by the Russian Federation with respect to a vessel subject to this subpart will be deemed to be a valid permit only if: (1) A completed permit application has been forwarded to the competent authorities of the Russian Federation as provided in Sec. 300.152(b)(1). (2) Such application has been approved and a permit issued by the competent authorities of the Russian Federation as provided in paragraph (a) of this section. (3) The U.S. Department of State has notified the competent authorities of the Russian Federation that it has accepted the conditions and restrictions as provided in paragraph (a) of this section. The permit will be rendered invalid by: The transfer or sale of the permit specified in paragraph (a) of this section; the failure to submit to NMFS any changes in permit application information as required by paragraph (a) of this section; failure to submit to NMFS any permit copy required by paragraph (b) of this section or any other information or report required by any other provision of this subpart; or the failure to pay required permit fees. (d) Russian-imposed sanctions. (1) The Russian Federation will impose appropriate fines, penalties, or forfeitures in accordance with its laws, for violations of its relevant laws or regulations. (2) In the case of arrest and seizure of a U.S. vessel by Russian authorities, notification will be given promptly through diplomatic channels informing the United States of the facts and actions taken. (3) The Russian Federation will release U.S. vessels and their crews promptly, subject to the posting of reasonable bond or other security. (4) The sanctions for violations of limitations or restrictions on fishing operations will be appropriate fines, penalties, forfeitures, or revocations or suspensions of fishing privileges. Sec. 300.154 Recordkeeping and reporting. (a) General. The owner and operator of a vessel subject to this subpart are responsible for complying with all recordkeeping and reporting requirements in this part in a timely and accurate manner. Reports and records required by this subpart must be in English, in the formats specified, and unless otherwise specified, based on Greenwich mean time (GMT). (b) Vessel permit abstract report. (1) The owner and operator of a vessel subject to this subpart must submit to NMFS Headquarters a permit abstract report containing the following information: (i) Vessel name. (ii) Russian Federation permit number. (iii) Duration of permit (e.g., 1/1/91-12/31/91). (iv) Authorized areas of fishing operations in geographic coordinates. (v) Authorized catch quota in tons. (vi) Authorized fishing gear. (vii) Type of permit (e.g., catcher). (2) The report must be telefaxed to (301) 713-0596 within 5 calendar days of receipt of the Russian permit. (c) Activity reports. The owner and operator of a vessel subject to this subpart must submit to the Regional Director by telefax to (907) 586-7313, the following reports: (1) Depart Report (Action code DEPART). At least 24 hours before the vessel departs from the EEZ for the Russian EZ, NMFS must receive the following information: (i) The date (month and day), and time (hour and minute GMT), and position (latitude and longitude to the nearest degree and minute), at which the vessel will depart the EEZ for the Russian EZ. (ii) The weight in metric tons (to the nearest hundredth of a metric ton) of all fish and fish product (listed by species and product codes) on board the vessel at the time it will depart the EEZ. (2) Return Report (Action code RETURN). At least 24 hours before a vessel that has been in the Russian EZ enters the EEZ, NMFS must receive the following information: (i) The date (month and day), time (hour and minute GMT), and position (latitude and longitude to the nearest degree and minute), at which the vessel will enter the EEZ. (ii) The weight in metric tons (to the nearest hundredth of a metric ton) of all fish and fish products (listed by species and product codes) on board the vessel at the time it will enter the EEZ, and the areas (Russian EZ, U.S. EEZ, or other) in which such fish products were harvested or received. (3) All reports must specify: The appropriate action code (``DEPART'' or ``RETURN''); the vessel's name and international radio call sign (IRCS); the sender's name and telephone number, and FAX, TELEX, and COMSAT numbers; the date (month and day) and time (hour and minute GMT) that the report is submitted to NMFS; and the intended date and U.S. port of landing. A list of species and product codes may be obtained from the Regional Director. (d) Recordkeeping. The owner and operator of a vessel subject to this subpart must retain all copies of all reports required by this subpart on board the vessel for 1 year after the end of the calendar year in which the report was generated. The owner and operator must retain and make such records available for inspection upon the request of an authorized officer at any time for 3 years after the end of the calendar year in which the report was generated, whether or not such records on board the vessel. Sec. 300.155 Requirements. (a) Compliance with permit requirements. (1) U.S. nationals and vessels subject to this subpart must have a valid permit, as specified in Sec. 300.153(c) in order to fish for Russian fishery resources. (2) U.S. nationals and vessels subject to this subpart that are fishing for Russian fishery resources must comply with all provisions, conditions, and restrictions of any applicable permit. (b) Compliance with Russian law. U.S. nationals and vessels fishing for Russian fishery resources must comply with the relevant laws and regulations of the Russian Federation. (c) Protection of marine mammals. U.S. nationals and vessels fishing for Russian fishery resources may not harass, hunt, capture, or kill any marine mammal within the Russian EZ, attempt to do so, except as may be provided for by an international agreement to which [[Page 35577]] both the United States and Russia are parties, or in accordance with specific authorization and controls established by the Russian Federation. The provisions of the Marine Mammal Protection Act (MMPA), 16 U.S.C. 1361 et seq. also apply to any person or vessel subject to the jurisdiction of the United States while in the Russian EZ, and it shall not be a defense to any violation of the MMPA that the person or vessel was acting in accordance with any permit or authorization issued by the Russian Federation. (d) Cooperation with enforcement procedures. (1) The operator of, or any person aboard, any U.S. vessel subject to this subpart must immediately comply with instructions and signals issued by an authorized officer of the Russian Federation to stop the vessel and with instructions to facilitate safe boarding and inspection of the vessel, its gear, equipment, fishing record, and catch for purposes of enforcing the relevant laws and regulations of Russia. (2) The operator of, and any person aboard, any U.S. vessel subject to this subpart, must comply with directions issued by authorized officers of the Russian Federation in connection with the seizure of the vessel for violation of the relevant laws or regulations of the Russian Federation. (3) U.S. nationals and vessels subject to this subpart must pay all fines and penalties and comply with forfeiture sanctions imposed by the Russian Federation for violations of its relevant laws and regulations. (4) The operator of, and any person aboard, any U.S. vessel subject to this subpart must immediately comply with instructions and signals issued by an authorized officer of the United States to stop the vessel and with instructions to facilitate safe boarding and inspection of the vessel, its gear, equipment, fishing records, and catch for purposes of enforcing the Magnuson Act, the Agreement, and this subpart. (e) Compliance with observer requirements. The owner of, operator of, and any person aboard, any U.S. vessel fishing in the Russian EZ or for Russian fishery resources to which a Russian observer is assigned must-- (1) Allow and facilitate, on request, boarding of a U.S. vessel by the observer. (2) Provide to the observer, at no cost to the observer or the Russian Federation, the courtesies and accommodations provided to ship's officers. (3) Cooperate with the observer in the conduct of his or her official duties. (4) Reimburse the Russian Federation for the costs of providing an observer aboard the vessel. Sec. 300.156 Prohibited acts. In addition to the prohibited acts specified at Sec. 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 Sec. 300.155 (c). (e) To fail to comply immediately with enforcement and boarding procedures specified in Sec. 300.155 (d). (f) To refuse to allow an authorized officer of the Russian Federation to board and inspect a vessel subject to this subpart for purposes of conducting any search, inspection, arrest, or seizure in connection with the enforcement of the relevant laws and regulations of the Russian Federation. (g) To assault, resist, oppose, impede, intimidate, threaten, or interfere with, in any manner, any authorized officer of the Russian Federation in the conduct of any search, inspection, seizure, or arrest in connection with enforcement of the relevant laws and regulations of the Russian Federation. (h) To fail to pay fines or penalties or comply with forfeitures imposed for a violation of the relevant laws and regulations of the Russian Federation. (i) To refuse or fail to allow a Russian observer to board a vessel subject to this subpart while fishing in the Russian EZ, or for Russian fishery resources. (j) To fail to provide to a Russian observer aboard a vessel fishing in the Russian EZ or for Russian fishery resources, the courtesies and accommodations provided to ship's officers. (k) To assault, resist, oppose, impede, intimidate, threaten, interfere with, harass, or fail to cooperate, in any manner, with a Russian observer placed aboard a vessel subject to this subpart. (l) To fail to reimburse the Russian Federation for the costs incurred in the utilization of Russian observers placed aboard such vessel. (m) To possess, have custody or control of, ship, transport, offer for sale, sell, purchase, transship, import, export, or traffic in any manner, any fish or parts thereof taken or retained, landed, purchased, sold, traded, acquired, or possessed, in any manner, in violation of the relevant laws and regulations of the Russian Federation, the Magnuson Act, or this subpart. (n) To enter the Russian EZ to fish unless a permit application has been submitted through NMFS to the competent authorities of the Russian Federation by the U.S. Department of State for such vessel as provided in this subpart. (o) To fish for Russian fisheries or to possess fish taken in Russian fisheries on board a vessel subject to this subpart without a valid permit or other valid form of authorization issued by the competent authorities of the Russian Federation on board the vessel. (p) To falsify, or fail to report to NMFS, any change in the information contained in a permit application subject to this subpart within 7 calendar days of such change. (q) To attempt to do, cause to be done, or aid and abet in doing, any of the foregoing. (r) To violate any other provision of this subpart. Sec. 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 Sec. 300.156 are subject to the fines, penalties, and forfeitures and the adjudicative procedures provided in the Magnuson Act, 16 U.S.C. 1858, 1860, 1861, and any other applicable laws and regulations of the United States. Subpart K--Transportation and Labeling of Fish or Wildlife Authority: 16 U.S.C. 3371-3378. Sec. 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. Sec. 300.161 Alternatives and exceptions. (a) The requirements of Sec. 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 [[Page 35578]] 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 Sec. 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 Sec. 300.160 of chapter III of this title do not apply to containers or packages containing-- (1) Fox, nutria, rabbit, mink, chinchilla, marten, fisher, muskrat, and karakul that have been bred and born in captivity, or their products, if a signed statement certifying that the animals were bred and born in captivity accompanies the shipping documents; (2) Fish or shellfish contained in retail consumer packages labeled pursuant to the Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq.; or (3) Fish or shellfish that are landed by, and offloaded from, a fishing vessel (whether or not the catch has been carried by the fishing vessel interstate), as long as the fish or shellfish remain at the place where first offloaded. 50 CFR Chapter VI PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA 5. The authority citation for 50 CFR part 679 continues to read as follows: Authority: 16 U.S.C. 773 et seq., 16 U.S.C. 1801 et seq. 6. In Sec. 679.2, paragraph (1) under the definition of ``IFQ regulatory area'' and the definition for ``IPHC'' are revised to read as follows: Sec. 679.2 Definitions. * * * * * IFQ regulatory area means: (1) With respect to IFQ halibut, areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E as prescribed in the annual management measures published in the Federal Register pursuant to Sec. 300.62 of chapter III of this title. * * * * * IPHC means International Pacific Halibut Commission (see part 300 of chapter III of this title). * * * * * 7. In Sec. 679.3, paragraphs (a) and (c) are revised to read as follows: Sec. 679.3 Relation to other laws. (a) Foreign fishing for groundfish. Regulations governing U.S. nationals fishing in the Russian fisheries are set forth in part 300 of chapter III of this title. * * * * * (c) Halibut. Additional regulations governing the conservation and management of halibut are set forth in subpart E of part 300 of chapter III of this title. * * * * * 8. In Sec. 679.4, paragraph (d)(1) introductory text and (f)(1)(i) are revised to read as follows: Sec. 679.4 Permits. * * * * * (d) * * * (1) General. In addition to the permit and licensing requirements prescribed in the annual management measures published in the Federal Register pursuant to Sec. 300.62 of chapter III of this title and in the permit requirements of this section, all fishing vessels that harvest IFQ halibut or IFQ sablefish must have on board: * * * * * (f) * * * (1) * * * (i) Applicability. In addition to the permit and licensing requirements prescribed in the annual management measures published in the Federal Register pursuant to Sec. 300.62 of chapter III of this title and paragraphs (b) and (d) of this section, and except as provided in paragraph (f)(1)(ii) of this section, a processor of fish from a Research Plan fishery must have a Federal processor permit issued by the Regional Director. * * * * * 9. In Sec. 679.5, paragraph (l) introductory text is revised to read as follows: Sec. 679.5 Recordkeeping and reporting. * * * * * (l) IFQ recordkeeping and reporting requirements. In addition to the recordkeeping and reporting requirements in this section and as prescribed in the annual management measures published in the Federal Register pursuant to Sec. 300.62 of chapter III of this title, the following reports are required. * * * * * 10. In Sec. 679.7, paragraphs (a)(6)(i), (b)(3), (f)(4), and (f)(11)(i) are revised to read as follows: Sec. 679.7 Prohibitions. * * * * * (a) * * * (6) * * * (i) Deployment of hook-and-line gear by operators of vessels fishing for halibut during seasons prescribed in the annual management measures published in the Federal Register pursuant to Sec. 300.62 of chapter III of this title. * * * * * (b) * * * (3) Halibut. With respect to halibut caught with hook-and-line gear deployed from a vessel fishing for groundfish, except for vessels fishing for halibut as prescribed in the annual management measures published in the Federal Register pursuant to Sec. 300.62 of chapter III of this title: * * * * * (f) * * * (4) Except as provided in Sec. 679.5(l)(3), retain IFQ halibut or IFQ sablefish on a vessel in excess of the total amount of unharvested IFQ, applicable to the [[Page 35579]] vessel category and IFQ regulatory area in which the vessel is deploying fixed gear, and that is currently held by all IFQ card holders aboard the vessel, unless the vessel has an observer aboard under subpart E of this part and maintains the applicable daily fishing log prescribed in the annual management measures published in the Federal Register pursuant to Sec. 300.62 of chapter III of this title and Sec. 679.5. * * * * * (11) * * * (i) Discard of halibut is required as prescribed in the annual management measures published in the Federal Register pursuant to Sec. 300.62 of chapter III of this title; * * * * * 11. In Sec. 679.21, paragraph (b)(1) is revised to read as follows: Sec. 679.21 Prohibited species bycatch management. * * * * * (b) * * * (1) Definition. Prohibited species, for the purpose of this part, means any of the species of Pacific salmon (Oncorhynchus spp.), steelhead trout (Oncorhynchus mykiss), halibut, Pacific herring (Clupea harengus pallasi), king crab, and Tanner crab caught by a vessel regulated under this part while fishing for groundfish in the BSAI or GOA, unless retention is authorized by other applicable laws, including the annual management measures published in the Federal Register pursuant to Sec. 300.62 of this title. * * * * * 12. In Sec. 679.23, paragraphs (e)(4)(i) and (f) are revised to read as follows: Sec. 679.23 Seasons. * * * * * (e) * * * (4) * * * (i) CDQ halibut. Fishing for CDQ halibut with fixed gear under an approved CDQ allocation may begin on the effective date of the allocation, except that CDQ fishing may occur only during the fishing periods specified in the annual management measures published in the Federal Register pursuant to Sec. 300.62 of chapter III of this title. * * * * * (f) IFQ halibut. The fishing period(s) for IFQ halibut are established by the IPHC and are specified in the annual management measures published in the Federal Register pursuant to Sec. 300.62 of chapter III of this title. Catches of halibut by fixed gear at times other than during the specified fishing periods must be treated as prohibited species as prescribed at Sec. 679.21(b). * * * * * * 13. In Sec. 679.24, the introductory paragraph is revised to read as follows: Sec. 679.24 Gear limitations. Regulations pertaining to vessel and gear markings are set forth in this section and as prescribed in the annual management measures published in the Federal Register pursuant to Sec. 300.62 of chapter III of this title. * * * * * 14. In Sec. 679.30, paragraph (b)(1)(ii) is revised to read as follows: Sec. 679.30 General CDQ regulations. * * * * * (b) * * * (1) * * * (ii) Allocation request. The allocation of each CDQ species requested for each subarea or district of the BSAI, as defined at Sec. 679.2 and for each IPHC regulatory area, as prescribed in the annual management measures published in the Federal Register pursuant to Sec. 300.62 of chapter III of this title. * * * * * 15. In Sec. 679.40, the introductory paragraph is revised to read as follows: Sec. 679.40 Sablefish and halibut QS. The Regional Director shall annually divide the TAC of halibut and sablefish that is apportioned to the fixed gear fishery pursuant to the annual management measures published in the Federal Register pursuant to Sec. 300.62 of chapter III of this title and Sec. 679.20, minus the CDQ reserve, among qualified halibut and sablefish quota share holders, respectively. * * * * * PART 695--[REMOVED] 16. Under the authority of 16 U.S.C. 1801 et seq., 50 CFR part 695 is removed. [FR Doc. 96-16723 Filed 7-1-96; 8:45 am] BILLING CODE 3510-22-P