[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outdated provisions are eliminated, and editorial changes are made for 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