[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Rules and Regulations]
[Pages 6221-6234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00401]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 300

[Docket No. 120201087-6641-02]
RIN 0648-BB86


International Affairs; Antarctic Marine Living Resources 
Convention Act

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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

SUMMARY: This final rule sets forth changes to the regulations that 
implement conservation measures adopted by the Commission for the 
Conservation of Antarctic Marine Living Resources (CCAMLR or 
Commission). This final rule streamlines and clarifies the regulations 
for Antarctic marine living resources, shifts deadlines for advance 
notice of intended fishing activities, distinguishes between first 
receivers and dealers of Antarctic marine living resources (AMLR), 
reduces the time for advance notice of imports of Dissostichus species, 
and adds transshipment notification requirements. The sections of these 
regulations are reorganized to group requirements related to the trade 
of Antarctic marine living resources and those that apply to fishing 
activities. Additionally, this action updates the regulations to 
reflect Commission-adopted revisions to existing conservation measures 
and changes made to the Antarctic Marine Living Resources Convention 
Act through the Illegal, Unreported, and Unregulated Fishing 
Enforcement Act of 2015.

DATES: This rule is effective February 21, 2017.

FOR FURTHER INFORMATION CONTACT: Mi Ae Kim, Office of International 
Affairs and Seafood Inspection, NMFS (phone 301-427-8365, or email 
[email protected]).

SUPPLEMENTARY INFORMATION: 

Background

    The United States is a Contracting Party to the Convention on the 
Conservation of Antarctic Marine Living Resources (Convention). Under 
Article VII of the Convention, contracting parties established and 
agreed to maintain the Commission to give effect to the Convention's 
objective--conservation of AMLR. The United States, along with 23 other 
countries and the European Union, are members of the Commission and 
meet annually to formulate, adopt and revise conservation measures. 
Article IX(6) of the Convention requires the Commission to notify 
conservation measures to all members and, 180 days thereafter, such 
measures become binding. If a member objects to a measure within 90 
days of notification, the measure is not binding on that member and, 
should that occur, Article IX(6)(d) of the Convention includes a 
procedure that allows other members to notify that they can no longer 
accept that measure.
    The Antarctic Marine Living Resources Convention Act of 1984 
(AMLRCA), codified at 16 U.S.C. 2431, et seq., provides the statutory 
authority for the United States to carry out its obligations under the 
Convention, including implementation of Commission-adopted conservation 
measures. AMLRCA section 305(a)(1) authorizes the Secretary of State, 
with the concurrence of the Secretary of Commerce and the Director of 
the National Science Foundation, to decide whether the United States is 
unable to accept or can no longer accept a Commission-adopted 
conservation measure (16 U.S.C. 2434(a)(1)). AMLRCA also gives the 
Secretary of Commerce authority to promulgate regulations as necessary 
and appropriate to implement the Act. This authority has been delegated 
to the Assistant Administrator for Fisheries (Assistant Administrator), 
who has implemented Commission-adopted conservation measures that are 
binding on the United States under Article IX of the Convention through 
regulations at 50 CFR part 300, subpart G (AMLR regulations).
    Through the ``Illegal, Unreported, and Unregulated Fishing 
Enforcement Act'' (IUU Fishing Enforcement Act), Public Law 114-81 
(2015), Congress amended AMLRCA section 306, 16 U.S.C. 2435, which 
specifies unlawful activities; section 307, 16 U.S.C. 2436, which 
provides the Secretary of Commerce authority to promulgate regulations 
that are necessary and appropriate to implement AMLRCA; and section 
308(a), 16 U.S.C. 2437(a), which specifies the penalties available for 
violations of the Act. Public Law 114-81 (2015), Title I, 106(1)-(2).
    At each annual meeting, the Commission may adopt new conservation 
measures or revise existing measures. While all conservation measures 
are subject to revision at the annual meeting, some (particularly those 
in the fishery regulation category)

[[Page 6222]]

expire after one or two fishing seasons and so must be revised annually 
or biennially, to reflect management or monitoring needs identified 
during Commission deliberations, changes in catch limits or bycatch 
limits, or other considerations.
    Through this action, NMFS reorganizes, streamlines, and updates the 
regulations that implement AMLRCA and Commission-adopted conservation 
measures. These revisions incorporate regulatory changes that were 
finalized on August 3, 2016 (80 FR 51126) regarding the collection of 
trade documentation within the government-wide International Trade Data 
System and required electronic information collection. Certain sections 
are rearranged so that regulations applicable to the trade of AMLR are 
grouped together while other sections that are obsolete are removed. 
This action removes sections that implement annual measures which will 
be implemented through vessel permits if applicable to the permitted 
fishing activities.
    On July 21, 2016, NMFS published a notice of proposed rulemaking 
for this action (81 FR 47325) to reorganize and update the regulations 
implementing U.S. obligations under the Convention. The preamble of the 
proposed rule (81 FR 47325) provides a detailed description of the 
changes to these regulations as well as NMFS's implementation of annual 
or biennial measures as conditions to vessel permits instead of through 
regulations. Responses to public comments received on the proposed rule 
are set forth below.

Changes From the Proposed Rule

    With the exception of minor, non-substantive editorial corrections, 
this final rule includes no changes to the regulatory text that was 
published in the proposed rule.

Responses to Public Comments

    NMFS received two public comments on the proposed rule which are 
addressed below.

CCAMLR Ecosystem Monitoring Program Sites

    Comment 1: A commenter expressed concern over the removal of the 
list of CCAMLR Ecosystem Monitoring Program (CEMP) sites from the 
regulations.
    Response: This final rule removes the list of CEMP sites because 
these sites (Seal Islands, South Shetland Islands and Cape Shirreff and 
the San Telmo Islands) are no longer protected under CCAMLR 
conservation measures. The Scientific Committee advised during the 2007 
meeting of the Commission that: ``because research on the Seal Island 
CEMP site was no longer undertaken, Conservation Measure 91-03 should 
be discontinued.'' As a result, the Commission discontinued 
Conservation Measure 91-03 (Report of the Twenty-Sixth Meeting of the 
Commission: Paragraphs 7.1 and 7.2). Similarly, during the 2009 meeting 
of the Commission, upon advice from the Scientific Committee, the 
Commission rescinded Conservation Measure 91-02 (Protection of the Cape 
Shirreff CEMP site) to avoid duplication of effort on the part of 
researchers, national governments and the secretariats of CCAMLR and 
Antarctic Treaty System and noting that the site would continue to be 
protected under the management plan of an Antarctic Specially Protected 
Area (ASPA) (Report of the Twenty-Eighth Meeting of the Commission: 
Paragraph 12.5). ASPAs, as well as Antarctic Specially Managed Areas 
(ASMAs) are designated and managed under the Antarctic Treaty, and 
CCAMLR cooperates in implementing these designations and management 
plans by having Contracting Parties ensure that their fishing vessels 
are aware of the location and relevant management plan of all 
designated ASPAs and ASMAs.

Regulatory Structure

    Comment 2: NMFS received a comment from United States Seafoods, LLC 
suggesting that NMFS consider its experience on managing fisheries 
under the Magnuson-Stevens Fishery Conservation and Management Act 
(MSA) to establish a stable regulatory environment for U.S. vessels 
that intend to fish in the CCAMLR Convention Area.
    Response: U.S. fishing vessels have not operated within the 
Convention Area for over a decade. For U.S. vessels interested in 
fishing in the Convention Area, NMFS established procedures and 
requirements under the AMLR regulations and, through this rulemaking, 
makes improvements to that regulatory framework. One improvement is 
that, under this rule, NMFS may implement annual and biennial measures 
adopted by CCAMLR as conditions to vessel permits instead of through 
regulations. Given the short time period between the adoption of new 
measures by CCAMLR in the fall and the start of the fishing season on 
December 1, this approach will make the regulatory process more 
efficient for U.S. vessels and NMFS.
    Section 300.101 of the rule defines ``annual or biennial measure'' 
as a conservation measure that: (1) Applies to the operation of the 
Convention's commercial or exploratory fisheries such as gear, catch, 
and effort restrictions and time and area closures; (2) generally 
expires after one or two fishing season(s); and (3) does not require 
the development of policy options or a regulatory framework. This 
approach will apply only to conservation measures that do not require 
the development of policy options or a regulatory framework. NMFS will 
provide for notice-and-comment rulemaking when implementation of a 
conservation measure implicates other requirements of domestic law or 
when NMFS needs to interpret or expand upon a conservation measure.
    Under this final rule, an application for a vessel permit must be 
submitted by April 1 for the fishing season that will commence on or 
after December 1 of that year. Therefore, as part of the vessel permit 
application process and through the permit itself once issued by NMFS, 
the applicant would have notice of applicable measures in advance of 
the start of the fishing season. Moreover, annual and biennial 
measures, along with all CCAMLR conservation measures currently in 
force are updated every year following the Commission's annual meeting 
and made available on the Commission's Web site, www.ccamlr.org and 
are, therefore, available to all interested members of the public, 
including prospective participants in CCAMLR fisheries. NMFS may 
reconsider its approach to implementation of annual and biennial 
measures if participation by U.S. fishing vessels in CCAMLR fisheries 
increases.

Classification

    This rule is published under the authority of Antarctic Marine 
Living Resources Convention Act, codified at 16 U.S.C. 2431 et seq.

Regulatory Flexibility Act (RFA)

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) at the proposed rule stage that this rule is not 
expected to have a significant economic impact on a substantial number 
of small entities (81 FR 47330, July 21, 2016). The factual basis for 
the certification was published in the proposed rule and is not 
repeated here. No comments were received regarding this certification. 
As a result, a regulatory flexibility analysis is not required and none 
has been prepared.

Paperwork Reduction Act

    This rule contains a Paperwork Reduction Act (PRA) collection-of-

[[Page 6223]]

information approved by the Office of Management and Budget (OMB) under 
control number 0648-0194. The table appearing at 15 CFR part 902 is 
updated to reflect the reorganization of regulations under this final 
rule. The current, approved collection of information includes permit 
applications (CEMP, vessel permit, dealer permit, and pre-approval of 
toothfish imports), vessel and gear marking requirements, installation 
of and reporting through a vessel monitoring unit, import tickets, and 
other items.
    This rule also contains a new PRA collection-of-information that 
requires advance notification of transshipments of AMLRs, bait, fuel, 
or other goods and materials to the CCAMLR Secretariat and submission 
of a confirmation of the notification to NMFS Headquarters, including 
information on the vessels involved in the transshipment and the 
details of the materials being transshipped. The new information 
collection requirements have been approved by OMB under control number 
0648-0742.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to 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.

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 300

    Antarctica, Antarctic marine living resources, Catch documentation 
scheme, Fisheries, Fishing, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: January 5, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 15 CFR part 
902 and 50 CFR part 300 as follows:

TITLE 15: COMMERCE AND FOREIGN TRADE

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

0
1. The authority citation for part 902 continues to read as follows:

    Authority:  44 U.S.C. 3501 et seq.


0
2. In Sec.  902.1, the table in paragraph (b) under ``50 CFR'' is 
amended by removing the entries for 300.103(a), 300.104(d), 300.104(e), 
300.105(c), 300.106(e), 300.107, 300.108(a), 300.108(a), 300.108(c), 
300.112, and 300.113 and adding entries in numeric order to read as 
follows:


Sec.  902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                            Current OMB
                                                          control number
  CFR part or section where  the information collection     (all numbers
                 requirement is located                     begin with
                                                              0648-)
------------------------------------------------------------------------
 
                                * * * * *
50 CFR:
 
                                * * * * *
300.103(b) and (c)......................................           -0194
300.104.................................................           -0194
300.105.................................................           -0194
300.106.................................................           -0194
300.107(c) and (l)......................................           -0194
300.107(k)..............................................           -0724
300.108.................................................           -0194
300.109(c)..............................................           -0194
300.110(e)..............................................           -0194
300.111.................................................           -0194
300.112.................................................           -0194
300.113(a)..............................................           -0194
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

Title 50: Wildlife and Fisheries

PART 300--INTERNATIONAL FISHERIES REGULATIONS

0
3. The authority citation for part 300 continues to read as follows:

    Authority:  16 U.S.C. 951 et seq., 16 U.S.C. 1801 et seq., 16 
U.S.C. 5501 et seq., 16 U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq.

0
4. Revise subpart G to read as follows:
Subpart G--Antarctic Marine Living Resources
Sec.
300.100 Purpose and scope.
300.101 Definitions.
300.102 Relationship to other treaties, conventions, laws, and 
regulations.
300.103 Scientific research.
300.104 International Fisheries Trade Permits and AMLR first 
receiver permits.
300.105 Preapproval for importation of frozen Dissostichus species.
300.106 Catch Documentation Scheme (CDS) documentation and other 
requirements.
300.107 Vessel permits and requirements.
300.108 Vessel and gear identification.
300.109 Initiating a new fishery.
300.110 Exploratory fisheries.
300.111 Scientific observers.
300.112 Vessel monitoring system.
300.113 CCAMLR Ecosystem Monitoring Program sites.
300.114 Prohibitions.
300.115 Facilitation of enforcement and inspection.
300.116 Penalties.

Subpart G--Antarctic Marine Living Resources

    Authority:  16 U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq.


Sec.  300.100  Purpose and scope.

    (a) This subpart implements the Antarctic Marine Living Resources 
Convention Act of 1984 (AMLRCA or Act), 16 U.S.C. 2431 et seq.
    (b) This subpart regulates--
    (1) The harvesting of Antarctic marine living resources and other 
associated activities by any person subject to the jurisdiction of the 
United States or by any vessel of the United States.
    (2) The import, export, and re-export into the United States of any 
Antarctic marine living resource.


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) the 
terms used in this subpart have the following meanings for purposes of 
this subpart. If a term is defined differently in Sec.  300.2, than in 
the Act, or Convention, the definition in this section shall apply.
    ACA means the Antarctic Conservation Act of 1978 (16 U.S.C. 2401, 
et seq.).
    Annual or biennial measure means a conservation measure that:
    (1) Applies to the operation of the Convention's commercial or 
exploratory fisheries such as gear, catch, and effort restrictions and 
time and area closures;
    (2) Generally expires after one or two fishing season(s); and
    (3) Does not require the development of policy options or a 
regulatory framework.
    Antarctic convergence 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.

[[Page 6224]]

 
60[deg] S.................................  50[deg] W.
50[deg] S.................................  50[deg] W.
50[deg] S.................................  0.
------------------------------------------------------------------------

    Antarctic marine living resources or AMLR(s) means:
    (1) The populations of finfish, mollusks, crustaceans, and all 
other species of living organisms, including birds, found south of the 
Antarctic Convergence;
    (2) All parts or products of those populations and species set 
forth in paragraph (1) of this definition.
    Centralized Vessel Monitoring System (C-VMS) means the system 
operated by the Secretariat of CCAMLR that receives reports of 
positional and other information from satellite-linked mobile 
transceiver units located on vessels that are submitted to the CCAMLR 
Secretariat, either directly from the vessel or through the relevant 
flag State.
    Commission or CCAMLR means the Commission for the Conservation of 
Antarctic Marine Living Resources established under Article VII of the 
Convention.
    Convention Area means all waters south of the Antarctic 
Convergence.
    Dealer means a person who imports AMLRs into, or exports or re-
exports AMLRs from, the United States.
    Dissostichus catch document (DCD) is a document generated through 
CCAMLR's electronic catch documentation scheme (CDS), containing 
information relating to the harvest, landing, and transshipment of 
Dissostichus species.
    Dissostichus export document (DED) is a document generated through 
the CCAMLR's electronic CDS, containing information relating to the 
export of Dissostichus spp.
    Dissostichus re-export document (DRED) is a document generated 
through CCAMLR's electronic CDS, containing information relating to the 
re-export of Dissostichus spp.
    Dissostichus species or Dissostichus spp. means Patagonian 
toothfish and Antarctic toothfish, and any parts or products therefrom.
    Enhanced mobile transceiver unit or EMTU means a transceiver or 
communication device, including all hardware and software, carried and 
operated on a vessel as part of a vessel monitoring system.
    Export means any movement of fish or fish product from a territory 
under the control of the State or free trade zone of landing, or, where 
that State or free trade zone forms part of a customs union, any other 
Member State of that customs union.
    First receiver means the person who first receives AMLRs landed 
from a vessel licensed under 50 CFR 300.107 at a U.S. port.
    Fish means finfish, mollusks, and crustaceans.
    Fishery means:
    (1) One or more stocks of fish that are treated as a unit for 
purposes of conservation and management and that are identified on the 
basis of geographical, scientific, technical, recreational, and 
economic characteristics.
    (2) Any fishing for such stocks.
    Harvesting vessel means any vessel of the United States (including 
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.
    Import means the physical entering or bringing of a fish or fish 
product into any part of the geographical territory under the control 
of a State, except where the catch is landed or transshipped within the 
definitions of landing or transshipment.
    Individual permit means a National Science Foundation (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 CCAMLR to identify such vessel.
    International observer means a scientific observer operating in 
accordance with the CCAMLR Scheme of International Scientific 
Observation and the terms of a bilateral arrangement concluded between 
the United States and another member of CCAMLR for the placement of a 
U.S. national onboard a vessel flagged by another member of CCAMLR or 
for the placement of the national of another member of CCAMLR onboard a 
vessel of the United States.
    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. However, for purposes of catch documentation as provided 
for in Sec.  300.106, land or landing means the initial unloading or 
transfer of Dissostichus spp. in any form from a vessel to dockside 
even if such fish are subsequently transferred to a container or to 
another vessel in a port or free trade zone.
    National observer means a U.S. national placed and operating 
onboard a vessel of the United States as a scientific observer in 
accordance with Sec.  300.111.
    National Seafood Inspection Laboratory means the NMFS laboratory 
located at 3209 Frederic Street, Pascagoula, MS 39567, telephone (228) 
769-8964, email [email protected].
    Office of Law Enforcement (OLE) refers to the NOAA Office of Law 
Enforcement.
    Port-to-port means from the time the vessel leaves port to the time 
that the vessel returns to port and at all points in between.
    Real-time means as soon as possible, but at least every hour with 
no more than a 1-hour delay.
    Recreational fishing means fishing with hook and line for personal 
use and not for sale.
    Re-export means any movement of a fish or fish product from a 
territory under the control of a State, free trade zone, or Member 
State of a customs union of import unless that State, free trade zone, 
or any Member State of that customs union is the first place of 
landing, in which case the movement is an export within the definition 
of export.
    Seal excluder device means a barrier within the body of a trawl 
comprised of a metal frame, nylon mesh, or any material that results in 
an obstruction to seals between the mouth opening and the cod end of 
the trawl. The body of the trawl net forward of the barrier must 
include an escape opening through which seals entering the trawl can 
escape.
    Specially Validated Dissostichus Catch Document (SVDCD) means a 
Dissostichus catch document that has been specially issued by a State 
to accompany seized or confiscated Dissostichus spp. offered for sale 
or otherwise disposed of by the State.
    Transship or transshipment means the transfer of fish or fish 
products, other AMLRs, or any other goods or materials directly from 
one vessel to another. However, for purposes of catch documentation as 
provided for in Sec.  300.106, transship or transshipment means the 
transfer of Dissostichus spp. that has not been previously landed, from 
one vessel directly to another, either at sea or in port.
    Vessel Monitoring System (VMS) means a system that uses satellite-
linked EMTUs installed on vessels to allow a flag State or other entity 
to receive automatic transmission of positional and other information 
related to vessel activity.

[[Page 6225]]

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.
    (d) Rule making exceptions. When implementing conservation measures 
adopted and notified by CCAMLR, NMFS may apply the following exceptions 
to Administrative Procedure Act (APA) rulemaking requirements at 5 
U.S.C. 553(b)-(d):
    (1) The foreign affairs function exception of the APA, 5 U.S.C. 
553(a)(1); or
    (2) The exception under subsection 307(b) of AMLRCA, 16 U.S.C. 
2436(b), that provides that, notwithstanding 5 U.S.C. 553(b)-(d), NMFS 
may publish in the Federal Register a final regulation to implement any 
CCAMLR-adopted conservation measure--
    (i) That has been in effect for 12 months or less, beginning on the 
date that the Commission notifies the United States of the conservation 
measure under Article IX of the Convention; and
    (ii) With respect to which the Secretary of State does not notify 
the Commission in accordance with section 305(a)(1) of AMLRCA within 
the time period allotted for objections under Article IX of the 
Convention.
    (e) Annual or biennial measures. NMFS may implement annual or 
biennial measures adopted by CCAMLR as conditions to vessel permits 
issued under section 300.107, instead of through rulemaking.


Sec.  300.103  Scientific research.

    (a) This section applies to any person, using a vessel for research 
purposes, who intends to catch more than 1 tonne of finfish or krill or 
use gear other than longline, trawl, or pot to catch Dissostichus spp.
    (b) Any person planning to use a vessel for research purposes, when 
the estimated research catch is expected to be less than 50 tonnes of 
finfish in a season, and no more than the amounts specified in Table 1, 
must notify the Assistant Administrator at least 2 months in advance of 
the planned research using the CCAMLR Format for Notification of 
Research Vessel Activity, Format 1. A copy of the format is available 
from NMFS Headquarters. The format requires:
    (1) Name and registration number of vessel;
    (2) Division and subarea in which research is to be carried out;
    (3) Estimated dates of entering and leaving the Convention Area;
    (4) Purposes of research; and
    (5) Fishing equipment to be used (bottom trawl, midwater trawl, 
longline, crab pots, other).

  Table 1--Taxa-Specific Thresholds for Notification of Research Vessel
                                Activity
------------------------------------------------------------------------
             Taxon                  Gear type          Expected catch
------------------------------------------------------------------------
Thresholds for finfish taxa:
    Dissostichus spp..........  Longline.........  5 tonnes.
                                Trawl............  5 tonnes.
                                Pot..............  5 tonnes.
                                Other............  0 tonnes.
    Champsocephalus gunnari...  All..............  10 tonnes.
Thresholds for non-finfish
 taxa:
    Krill.....................  All..............  0.1 percent of the
                                                    catch limit for a
                                                    given area.
    Squid.....................
    Crabs.....................
------------------------------------------------------------------------

    (c) Any person planning to use any vessel for research purposes, 
when the estimated research catch is expected to be more than 50 tonnes 
or greater than the amounts specified in Table 1 must report the 
details of the research plan to NMFS using CCAMLR Format 2 for 
Notification of Research Vessel Activity. The format must be submitted 
to Assistant Administrator at least 7 months in advance of the planned 
start date for the research. A copy of the format is available from 
NMFS Headquarters. The format requires:
    (1) Description of the main objective of the research;
    (2) Description of the fishery operations;
    (3) Description of the survey design, data collection, and 
analysis;
    (4) Proposed catch limit;
    (5) Description of the research capability; and
    (6) Description of the reporting for evaluation and review.
    (d) Where the expected catch is more than 50 tonnes of fish or 
greater than the amounts specified in Table 1, the planned fishing for 
research purposes shall not proceed until the Assistant Administrator 
authorizes the person in writing that he or she may proceed. Such 
authorization may be provided after completion of review of the 
scientific research plan by the CCAMLR Scientific Committee and 
Commission.
    (e) A summary of the results of any research subject to these 
provisions must be provided to the Assistant Administrator within 150 
days of the completion of the research and a full report must be 
provided within 11 months.
    (f) Catch, effort, and biological data resulting from the research 
must be reported using the reporting format for research vessels in 
accordance with relevant conservation measures, with a copy to NMFS 
Headquarters.


Sec.  300.104  International Fisheries Trade Permits and AMLR first 
receiver permits.

    (a) General. (1) A person may import, export, or re-export AMLR 
into the United States only under a NMFS-issued International Fisheries 
Trade Permit (IFTP). For AMLRs to be released for entry into the United 
States, the product must be accompanied by a vessel permit, individual 
permit, AMLR first receiver permit, or IFTP.
    (2) All shipments of Dissostichus spp. must also be accompanied by 
accurate, complete and valid CDS documentation (including all required 
validations and

[[Page 6226]]

DEDs/DREDs) as described in Sec.  300.106, and, in the case of 
shipments of frozen Dissostichus species, a preapproval certificate 
issued under Sec.  300.105, as well as verifiable information that the 
harvesting vessel was reporting to C-VMS from port-to-port, regardless 
of where the fish were harvested. For purposes of entry of Dissostichus 
spp. into the United States, NMFS will only accept electronic CDS 
documents described in Sec.  300.106.
    (3) Imports of fresh or frozen Dissostichus spp. accompanied by an 
SVDCD are prohibited.
    (b) International Fisheries Trade Permit. A person intending to 
import, export, or re-export AMLR must possess a valid IFTP issued 
under Sec.  300.322 and file required data sets electronically with 
Customs and Border Protection (CBP) at the time, or in advance, of 
importation, exportation or re-exportation. ``Required data set'' has 
the same meaning as Sec.  300.321 (see definition of ``Documentation 
and data sets required''). See Sec.  300.322 for IFTP application 
procedures and permit regulations. The IFTP holder may only conduct 
those specific activities stipulated by the IFTP.
    (c) AMLR First Receiver Permits. (1) General. First receivers of 
AMLR catch landed from a vessel permitted under Sec.  300.107 at a U.S. 
port of landing must possess an AMLR first receiver permit and may only 
conduct those activities described in the permit. A person issued, or 
required to have been issued a first receiver permit under this subpart 
may only receive fish from a U.S. vessel that has a valid vessel permit 
issued under Sec.  300.107 as well as a valid High Seas Fishing Permit 
issued under 50 CFR part 300, subpart R.
    (2) Application. Applications for the AMLR first receiver permit 
are available from NMFS Headquarters.
    (3) Issuance. NMFS may issue an AMLR first receiver permit if the 
permit application is complete and NMFS determines that the activity 
proposed by the first receiver meets the requirements of the Act. First 
receivers of AMLR required to have a first receiver permit may only 
receive AMLR that were harvested in a manner consistent with CCAMLR 
conservation measures and this subpart.
    (4) Duration. Unless revoked or suspended, an AMLR first receiver 
permit is valid from its date of issuance to its date of expiration.
    (5) Prohibition on transfer or assignment. AMLR first receiver 
permits are valid only for the person to whom NMFS issued the permit 
and may not be transferred or assigned.
    (6) Changes in information submitted by permit applicants or permit 
holders:
    (i) Changes in pending applications. Applicants for an AMLR first 
receiver permit must report any change in the information contained in 
the application to the Assistant Administrator in writing as soon as 
possible.
    (ii) Changes occurring after permit issuance. An AMLR first 
receiver permit holder must report any change to information previously 
submitted to the Assistant Administrator in writing within 15 days of 
the change. Based on such information, the Assistant Administrator may 
revise the permit effective upon notification to the permit holder.
    (7) Fees. NMFS may charge a fee to recover the administrative 
expenses of permit issuance. NMFS will determine the fee in accordance 
with the procedures in the NOAA finance handbook, available from NMFS, 
for calculating administrative costs of special products and services.
    (8) Reporting and recordkeeping requirements. First receivers of 
AMLRs who have been issued, or are required to have, a first receiver 
permit under this subpart must:
    (i) Accurately maintain all reports and records required by their 
first receiver permit and this subpart at their place of business;
    (ii) Maintain the original permit at their place of business;
    (iii) Make their permit, and all required reports and records, 
available for inspection upon the request of an authorized officer; and
    (iv) Within the time specified in the permit, submit a copy of such 
reports and records to NMFS at an address designated by NMFS.
    (d) Revision, suspension, or revocation. NMFS may revise, suspend, 
or revoke an IFTP, or first receiver permit, issued under this section 
based upon a violation of the permit, the Act, or this subpart.
    (e) A person may not import a marine mammal into the United States 
unless authorized and accompanied by an import permit issued under the 
Marine Mammal Protection Act and/or the Endangered Species Act.


Sec.  300.105  Preapproval for importation of frozen Dissostichus 
species

    (a) A NMFS-issued preapproval certificate is required to import 
each shipment of frozen Dissostichus species.
    (b) Application. Application forms for a preapproval certificate 
are available from NMFS Headquarters and the National Seafood 
Inspection Laboratory. With the exception of the U.S. Customs 7501 
entry number, a complete and accurate application must be received by 
NMFS for each preapproval certificate at least 10 working days before 
the anticipated date of the importation. Dealers must supply the U.S. 
Customs 7501 entry number at least three working days prior to the 
expected arrival of a shipment of frozen Dissostichus species at a U.S. 
port.
    (c) Fees. A person must include the processing fee with each 
preapproval certificate application. NMFS will determine the fee under 
the NOAA finance handbook procedures for calculating administrative 
costs of special products and services and user fees collected for 
administrative expenses associated with processing applications for 
preapproval certificates.
    (d) Issuance. NMFS may issue a preapproval certificate for 
importation of a shipment of frozen Dissostichus species if the 
preapproval application form is complete and NMFS determines that the 
activity proposed by the applicant meets the requirements of the Act 
and that the resources were not harvested in violation of any CCAMLR 
conservation measure or in violation of any regulation in this subpart. 
No preapproval will be issued for Dissostichus species without 
verifiable documentation that the harvesting vessel reported to C-VMS 
continuously and in real-time from port-to-port, regardless of where 
such Dissostichus species were harvested.
    (e) Duration. A preapproval certificate is valid until the 
Dissostichus product specified in the preapproval application is 
imported.
    (f) Transfer. A person may not transfer or assign a preapproval 
certificate.
    (g) Changes in information--(1) For pending preapproval 
certificates, applicants must report in writing to NMFS any changes in 
the information submitted in their preapproval certificate 
applications. NMFS may extend the processing period for the application 
as necessary to review and consider any changes.
    (2) Issued preapprovals. For issued preapproval certificates, the 
certificate holder must report in writing to NMFS any changes to 
information included in the preapproval certificate application. Any 
changes related to fish being imported, such as harvesting vessel or 
country of origin, type and quantity of the fish to be imported or 
Convention statistical subarea from which the resource was harvested, 
will void the preapproval certificate and the shipment may not be 
imported unless authorized by NMFS through issuance of a revised or new 
preapproval certificate.

[[Page 6227]]

    (3) The provision of false information in a preapproval 
application, or the failure to report a change in the information 
contained in a preapproval application, voids the application or 
preapproval as applicable.
    (h) NMFS will not issue a preapproval certificate for any shipment 
of Dissostichus species:
    (1) Identified as originating from a high seas area designated by 
the Food and Agriculture Organization of the United Nations as 
Statistical Area 51 or Statistical Area 57 in the eastern and western 
Indian Ocean outside and north of the Convention Area;
    (2) Determined to have been harvested or transshipped in 
contravention of any CCAMLR Conservation Measure in force at the time 
of harvest or transshipment;
    (3) Determined to have been harvested or transshipped by a vessel 
identified by CCAMLR as having engaged in illegal, unreported and 
unregulated (IUU) fishing; or
    (3) Accompanied by inaccurate, incomplete, invalid, or improperly 
validated CDS documentation or by a SVDCD.


Sec.  300.106  Catch Documentation Scheme (CDS): Documentation and 
other requirements.

    (a) General. (1) CCAMLR CDS document(s) must accompany all 
shipments of Dissostichus species as required in this section.
    (2) No shipment of Dissostichus species shall be released for entry 
into the United States unless accompanied by an accurate, complete, 
valid and validated CCAMLR CDS document.
    (3) Dissostichus species shall not be released for entry into the 
United States unless all of the applicable requirements of the CCAMLR 
Conservation Measures and U.S. regulations have been met.
    (b) Harvesting vessels. (1) A U.S. vessel harvesting or attempting 
to harvest Dissostichus species, whether within or outside of the 
Convention Area, must possess a valid vessel permit issued under Sec.  
300.107, a valid High Seas Fishing Permit issued under 50 CFR part 300, 
subpart R, as well as DCD issued by NMFS, which is non-transferable. 
The master of the harvesting vessel must ensure that catch and other 
information specified on the DCD are accurately recorded.
    (2) Prior to offloading Dissostichus species, the master of the 
harvesting vessel must:
    (i) Electronically convey, by the most rapid means possible, catch 
and other information to NMFS and record on the DCD a confirmation 
number received from NMFS;
    (ii) Obtain on the DCD (or copies thereof) the signature(s) of the 
following persons: If catch is offloaded for transshipment, the master 
of the vessel(s) to which the catch is transferred; or if catch is 
offloaded for landing, the signature of both the responsible 
official(s) designated by NMFS in the vessel permit and the recipient 
of the catch at the port(s) of landing; and
    (iii) Sign the DCD (or copies thereof), electronically convey by 
the most rapid means possible each copy to NMFS and provide a copy to 
each recipient of the catch.
    (3) The master of the harvesting vessel must submit the original 
DCD (and all copies thereof with original signatures) to NMFS no later 
than 30 days after the end of the fishing season for which the vessel 
permit was issued and retain copies of the DCD for a period of 2 years.
    (c) Transshipment vessels. (1) A U.S. vessel transshipping or 
attempting to transship Dissostichus species, whether within or outside 
of the Convention Area, must possess a valid vessel permit issued under 
Sec.  300.107 and a valid High Seas Fishing Permit issued under subpart 
R of this part. The master of a U.S. vessel receiving Dissostichus 
species by transshipment must, upon receipt of Dissostichus species, 
sign each DCD provided by the master of the vessel that offloads 
Dissostichus species.
    (2) Prior to landing Dissostichus species, the master of the 
transshipping vessel must:
    (i) Obtain on each DCD (or copies thereof) the signature(s) of both 
the responsible official(s) designated by NMFS in the vessel permit and 
the recipient of the catch at the port(s) of landing; and
    (ii) Sign each DCD (or copies thereof), and electronically convey 
by the most rapid means possible each copy to NMFS and to the flag 
state(s) of the offloading vessel(s) and provide a copy to each 
recipient of Dissostichus species.
    (3) The master of the transshipping vessel must submit all DCDs 
with original signatures to NMFS no later than 30 days after offloading 
and retain copies for a period of 2 years.
    (d) First receivers. Any person who receives Dissostichus species 
landed by a vessel at a U.S. port must hold an AMLR first receiver 
permit issued under Sec.  300.104 and must sign the DCD(s) provided by 
the master of the vessel and retain copies at their place of business 
for a period of 2 years. A person issued, or required to have been 
issued, a first receiver permit under this subpart may only receive 
fish from a U.S. vessel that has a valid vessel permit issued under 
Sec.  300.107 as well as a valid High Seas Fishing Permit issued under 
50 CFR part 300, subpart R.
    (e) Import. (1) A person who imports fresh Dissostichus species 
must hold an IFTP issued under Sec.  300.322. To import frozen 
Dissostichus species into the United States, a person must:
    (i) Obtain a preapproval certificate issued under Sec.  300.105 for 
each shipment. Among the information required on the application, 
applicants must provide the document number and export reference number 
on the DED or DRED corresponding to the intended import shipment and, 
if requested by NMFS, additional information for NMFS to verify that 
the harvesting vessel reported to the C-VMS continuously and in real-
time, from port-to-port, regardless of where the fish were harvested;
    (ii) Ensure that the quantity of toothfish listed on the DED (or 
the Dissostichus re-export document if product is a re-export) matches 
the quantity listed on the preapproval application within a variance of 
10 percent; and
    (iii) Provide copies of the DED or DRED as needed to persons who 
re-export Dissostichus species.
    (2) Imports of fresh Dissostichus species do not require a 
preapproval certificate. If the amount or value of the fresh 
Dissostichus species to be imported is below thresholds that trigger 
the requirement to file entry documentation with U.S. Customs and 
Border Protection via the Automated Commercial Environment (see 
definition in Sec.  300.321), the importer must complete a report of 
each shipment and submit the report to NMFS within 24 hours following 
importation. Verification of the harvesting vessel's reporting to C-VMS 
from port-to-port is not required for imports of fresh Dissostichus 
species.
    (f) Re-export. (1) To re-export Dissostichus species, a person must 
hold an IFTP issued under Sec.  300.322 and:
    (i) Submit to NMFS a complete and accurate application for a NMFS 
Dissostichus re-export document, and
    (ii) Obtain validation by a responsible official(s) designated by 
NMFS and receive an electronically-generated DRED.
    (2) When applying for a re-export approval, a person must reference 
or include the approval number issued by NOAA, for the original 
validated Dissostichus import document.
    (g) Export. (1) To export U.S.-harvested Dissostichus species, the 
person must possess an IFTP issued under Sec.  300.322 and:

[[Page 6228]]

    (i) Submit to NMFS a complete and accurate NMFS application for a 
DED; and
    (ii) Obtain validation by a responsible official(s) designated by 
NMFS and receive an electronically-generated DED.
    (2) Any person who exports Dissostichus species must include the 
original validated DED with the export shipment.
    (h) Recordkeeping. Any person who imports, exports or re-exports 
Dissostichus spp. must:
    (1) Retain a copy of all CDS documents at the person's place of 
business for a period of 2 years from the date on the documents and 
provide copies as needed to NMFS; and
    (2) Make the IFTP and all CDS documents and other records and 
reports required by this subpart available for inspection upon request 
of an authorized officer.


Sec.  300.107  Vessel permits and requirements.

    (a) General. In addition to the High Seas Fishing Permit 
requirements at 50 CFR part 300, subpart R:
    (1) Every vessel of the United States that attempts to harvest or 
harvests any AMLR must have a vessel permit authorizing the harvest 
issued under this subpart, unless the attempt or harvest occurs during 
recreational fishing or is covered by an individual permit. Boats 
launched from a vessel issued a vessel permit do not require a separate 
permit, but are covered by the permit issued to the launching vessel. 
Any enforcement action that results from the activities of a launched 
boat will be taken against the owner and operator of the launching 
vessel.
    (2) Any vessel of the United States that receives or attempts to 
receive any harvested AMLR from another vessel at sea, regardless of 
whether such transshipment occurs in the Convention Area or that 
receives, or attempts to receive any other goods or materials from 
another vessel in the Convention Area, must have a vessel permit 
authorizing transshipment issued under this subpart. Transshipment 
vessels must comply with the permitting provisions of this section. 
This requirement does not apply to scientific research vessels or to 
transshipments covered under an individual permit.
    (3) Permits issued under this section do not authorize vessels or 
persons subject to the jurisdiction of the United States to harass, 
capture, harm, kill, harvest, or import marine mammals. No marine 
mammals may be taken in the course of commercial fishing operations 
unless the taking is authorized under the Marine Mammal Protection Act 
and/or the Endangered Species Act pursuant to an exemption or permit 
granted by the appropriate agency.
    (b) Responsibility of owners and operators. (1) The owners and 
operators of vessels permitted, or required to be permitted, under this 
subpart 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 a vessel issued a vessel permit under this subpart 
must report any sale, change in ownership, or other disposition of the 
vessel to the Assistant Administrator as soon as possible but no later 
than 15 days after the change.
    (4) The owner and operator of a harvesting vessel issued a permit 
to fish for krill in the Convention Area using trawl gear must install 
a seal excluder device and may not possess onboard or deploy trawl gear 
without a seal excluder device installed.
    (c) Application. Application forms for vessel permits are available 
from NMFS Headquarters.
    (1) A separate, fully completed and accurate application is 
required for each vessel for which a permit is requested.
    (2) NMFS must receive applications for vessel permits no later than 
April 1 for the fishing season that will commence on or after December 
1 of that year.
    (3) Applications for a permit to harvest krill must, to the extent 
possible, identify the products to be derived from the anticipated 
krill catch.
    (4) NMFS will only accept permit applications for vessels that have 
been issued an International Maritime Organization (IMO) number.
    (5) NMFS may charge a fee to recover the administrative expense of 
permit issuance. NMFS will determine the fee in accordance with 
procedures in the NOAA finance handbook, available from NMFS, for 
calculating administrative costs of special products and services and 
user fees.
    (d) Issuance. The Assistant Administrator may issue a vessel permit 
if the Assistant Administrator determines that the harvesting or 
transshipment activities 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 provides that its size should not be allowed to fall below a 
level close to that which ensures the greatest net annual increment.
    (2) Upset the ecological relationships between harvested, 
dependent, and related populations of AMLRs and the restoration of 
depleted populations to levels that will ensure stable recruitment.
    (3) Cause changes or increase the risk of changes in the marine 
ecosystem that are not potentially reversible over 2 or 3 decades, 
taking into account the state of available knowledge of the direct and 
indirect impact of harvesting, the effects of the introduction of alien 
species, the effects of associated activities on the marine ecosystem 
and the effects of environmental changes, with the aim of making 
possible the sustained conservation of AMLRs.
    (4) Violate the Convention or any conservation measures in force 
with respect to the United States under the Convention. The Convention 
and the schedule of conservation measures in force can be found on the 
CCAMLR Web site: www.ccamlr.org.
    (e) Duration. A vessel 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 vessel must have on board, at all times, a valid 
vessel permit and the vessel operator must produce it for inspection 
upon the request of an authorized officer or CCAMLR inspector.
    (h) Changes in information submitted by permit applicants or 
holders--(1) Changes in pending applications. Applicants for a vessel 
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) Requested changes 
in the location, manner, or amount of harvesting. Any changes in the 
location, 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 the Assistant Administrator determines that the 
requested change in the location, manner, or amount of harvesting could 
significantly affect the

[[Page 6229]]

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.
    (ii) Changes other than in the location, manner or amount of 
harvesting. For changes other than those addressed in paragraph 
(h)(2)(i) of this section, the owner or operator of a vessel that has 
been issued a vessel permit must report to the Assistant Administrator 
in writing any change in previously submitted information as soon as 
possible but no later than within 15 days after the change. Based on 
such reported information, the Assistant Administrator may revise the 
permit and any revised permit would be effective upon notification to 
the permit holder.
    (i) Conditions and restrictions. The vessel permit will contain 
conditions and restrictions that the Assistant Administrator deems 
necessary for implementation of conservation measures that apply to the 
harvesting or transshipment activities. The Assistant Administrator may 
revise the vessel permit to include additional conditions and 
restrictions on the harvesting vessel as necessary to implement 
conservation measures in force with respect to the United States or to 
achieve the purposes of the Convention or the Act. Any additional 
conditions or restrictions will be effective upon notification to the 
permit holder.
    (j) Revision, suspension, or revocation for violations. A vessel 
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. The Assistant Administrator may deny a vessel permit 
if the applicant or harvesting vessel was previously 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.
    (k) Transshipment notification. The vessel operator must notify the 
CCAMLR Secretariat of transshipments of AMLRs, bait, or fuel, and 
submit a confirmation of the notification to NMFS Headquarters, no 
later than 72 hours before the transshipment will take place. The 
vessel operator must notify the CCAMLR Secretariat of transfers of all 
other goods, and submit a confirmation of the notification to NMFS 
Headquarters, no later than 2 hours before the transshipment will take 
place. Notifications of intended transshipments shall include the 
following information, for all vessels involved:
    (1) Names, registration numbers, and IMO numbers;
    (2) International radio call signs;
    (3) Flag State;
    (4) Type of vessels, length, gross registered tonnage and carrying 
capacity;
    (5) Proposed time and position, in latitude and longitude, of 
transshipment; and
    (6) Details of the type and amount of catches and/or other goods, 
such as food stores and fuel, involved in the transshipment.
    (l) Reporting and recordkeeping requirements. The operator of any 
vessel required to have a vessel permit under this subpart must:
    (1) Accurately maintain on board the vessel all CCAMLR reports and 
records required by its permit.
    (2) Make such reports and records available for inspection upon the 
request of an authorized officer or CCAMLR inspector.
    (3) Within the time specified in the vessel permit, submit a copy 
of such reports and records to NMFS.
    (4) Install a NMFS-approved EMTU on board U.S. flagged vessels 
harvesting AMLR for use in real-time C-VMS port-to-port reporting to a 
NMFS-designated land-based fisheries monitoring center or centers. The 
requirements for the installation and operation of the VMS are set 
forth in Sec.  300.112.
    (5) Provide advance notice of the vessel's entry into port using 
the CCAMLR Port Inspection Report, including the written declaration 
that the vessel has not engaged in or supported illegal, unreported and 
unregulated (IUU) fishing in the Convention Area and has complied with 
relevant CCAMLR requirements. The CCAMLR Port Inspection Report, and 
instructions for its submission, is available from NMFS Headquarters.


Sec.  300.108  Vessel and gear identification.

    (a) Vessel identification. (1) A vessel issued a permit under this 
subpart must be marked with the vessel's name and its International 
Radio Call Sign (IRCS) amidships on both the port and starboard sides 
of the superstructure or hull, so that it is visible at all times from 
an enforcement or inspection vessel. Fixtures inclined at an angle to 
the vessel's side or superstructure would be considered as suitable 
provided that the angle of inclination would not prevent sighting of 
the IRCS from another vessel or from the air. The vessel's IRCS shall 
also be marked on the deck. Should an awning or other temporary cover 
be placed so as to obscure the mark on the deck, the awning or cover 
shall also be marked with the IRCS. The marks should be placed 
athwartship with the top of the numbers or letters towards the bow.
    (2) Boats, skiffs and craft carried by the vessel for fishing 
operations shall bear the same mark as the vessel, except that a 
numerical suffix specific for the boat, skiff, or craft must follow the 
IRCS.
    (3) The vessel identification must be in a color in contrast to the 
background and must be permanently affixed to the vessel in block Roman 
alphabet letters and Arabic numerals using good quality marine paints. 
The letters and numbers shall be: At least 1 meter in height (h) for 
the IRCS placed on the hull, superstructure and/or inclined surfaces 
and at least 0.3 meter for marks placed on deck. The length of the 
hyphen shall be half the height of the letters and numbers. The width 
of the stroke for all letters, numbers and the hyphen shall be h/6. The 
space between letters and/or numbers shall not exceed h/4 nor be less 
than h/6. The space between adjacent letters having sloping sides 
(e.g., A and V) shall not exceed h/8 nor be less than h/10. If a 
contrasting color is used for the background of the marks, it shall 
extend to provide a border around the mark of at least h/6.
    (4) The marks and the background shall be maintained in good 
condition at all times.
    (b) Navigational lights and shapes. Each vessel issued a vessel 
permit 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 fishing vessel 
must ensure that all deployed fishing gear is clearly marked at all 
times at the surface with a buoy displaying the vessel identification 
of the harvesting vessel (see paragraph (a) of this section) to which 
the gear belongs, a light visible for 2 miles at night in good 
visibility, and a radio buoy.
    (2) The operator of each harvesting vessel must ensure that 
deployed longlines and strings of traps or pots, and gillnets are 
clearly marked at all times at the surface at each terminal end with a 
buoy displaying the vessel identification of the harvesting vessel to 
which the gear belongs (see paragraph (a) of this section), a light 
visible for 2 miles at night in good visibility, and a radio buoy.

[[Page 6230]]

    (3) Unmarked or incorrectly identified fishing gear may be 
considered abandoned and may be disposed of in accordance with 
applicable CCAMLR Conservation Measures in force with respect to the 
United States by any authorized officer or CCAMLR inspector.
    (d) Maintenance. The operator of each vessel issued a vessel permit 
must:
    (1) Keep the vessel and gear identification clearly legible and in 
good condition at all times;
    (2) Ensure that nothing on the vessel obstructs the view of the 
markings from an enforcement or inspection vessel or aircraft; and
    (3) Ensure that the proper navigational lights and shapes are 
displayed for the vessel's activity and are properly functioning.


Sec.  300.109  Initiating a new fishery.

    (a) A new fishery, for purposes of this section, is a fishery that 
uses bottom trawls on the high seas of the Convention Area or a fishery 
for a species, using a particular method, in a statistical subarea or 
division for which:
    (1) Information on distribution, abundance, demography, potential 
yield and stock identity from comprehensive research/surveys or 
exploratory fishing has not been submitted to CCAMLR;
    (2) Catch and effort data have never been submitted to CCAMLR; or
    (3) Catch and effort data from the two most recent seasons in which 
fishing occurred have not been submitted to CCAMLR.
    (b) Persons intending to develop a new fishery shall notify the 
Assistant Administrator no later than April 1 for the fishing season 
that will commence on or after December 1 and shall not initiate the 
fishery pending NMFS and CCAMLR review or until a vessel permit has 
been used under this subpart.
    (c) The notification shall be accompanied by a complete vessel 
permit application required under Sec.  300.107 and information on:
    (1) The nature of the proposed fishery, including target species, 
methods of fishing, proposed region and maximum catch levels proposed 
for the forthcoming season;
    (2) Biological information on the target species from comprehensive 
research/survey cruises, such as distribution, abundance, demographic 
data and information on stock identity;
    (3) Details of dependent and related species and the likelihood of 
them being affected by the proposed fishery;
    (4) Information from other fisheries in the region or similar 
fisheries elsewhere that may assist in the evaluation of potential 
yield; and
    (5) If the proposed fishery will be undertaken using bottom trawl 
gear, the known and anticipated impacts of this gear on vulnerable 
marine ecosystems, including benthos and benthic communities.


Sec.  300.110  Exploratory fisheries.

    (a) An exploratory fishery, for purposes of this section, is a 
fishery that was previously defined as a new fishery under Sec.  
300.109.
    (b) A fishery continues to be classified by CCAMLR as an 
exploratory fishery until sufficient information is available to:
    (1) Evaluate the distribution, abundance, and demography of the 
target species, leading to an estimate of the fishery's potential 
yield;
    (2) Review the fishery's potential impacts on dependent and related 
species; and
    (3) Allow the CCAMLR Scientific Committee to formulate and provide 
advice to the Commission on appropriate harvest catch levels and 
fishing gear.
    (c) The operator of any vessel engaging in an exploratory fishery 
must submit, by the date specified in the vessel permit issued under 
Sec.  300.107, catch, effort, and related biological, ecological, and 
environmental data as required by a data collection plan for the 
fishery formulated by the CCAMLR Scientific Committee.
    (d) In addition to the requirements in Sec.  300.107, any person 
planning to enter an exploratory fishery must notify the Assistant 
Administrator no later than April 1 for the fishing season that will 
commence on or after December 1 and shall not enter the fishery pending 
NMFS and CCAMLR review or until a vessel permit has been used under 
this subpart. The Assistant Administrator will not issue a permit to 
enter an exploratory fishery until after the requirements of Sec.  
300.107 have been met and CCAMLR has considered the notification.
    (e) The notification shall be accompanied by a complete vessel 
permit application required under Sec.  300.107 and information on:
    (1) The nature of the exploratory fishery, including target 
species, methods of fishing, proposed region and maximum catch levels 
proposed for the forthcoming season;
    (2) Specification and full description of the types of fishing gear 
to be used;
    (3) Biological information on the target species from comprehensive 
research/survey cruises, such as distribution, abundance, demographic 
data and information on stock identity; details of dependent and 
related species and the likelihood of their being affected by the 
proposed fishery;
    (4) Information from other fisheries in the region or similar 
fisheries elsewhere that may assist in the evaluation of potential 
yield;
    (5) If the proposed fishery will be undertaken using bottom trawl 
gear, information on the known and anticipated impacts of this gear on 
vulnerable marine ecosystems, including benthos and benthic 
communities; and
    (6) Any other information the Assistant Administrator requires to 
fully implement the relevant conservation measures.


Sec.  300.111  Scientific observers.

    (a) Except as otherwise specified, this section applies to both 
national observers and international observers, as well as to vessels 
of the United States carrying, or required to carry, such observers.
    (b) All vessels of the United States fishing in the Convention Area 
must carry one or more scientific observers as required by CCAMLR 
conservation measures or as specified in a vessel permit issued under 
this subpart.
    (c) All vessels of the United States conducting longline sink rate 
testing outside the Convention Area and pursuant to CCAMLR protocols 
must carry one or more scientific observers as specified in the vessel 
permit issued under this subpart.
    (d) Procurement of observers by vessel. Owners of vessels required 
to carry scientific observers under this section must arrange for 
observer services in coordination with the NMFS Southwest Fisheries 
Science Center Antarctic Ecosystem Research Division. The vessel owner 
is required to pay for observer services through an observer service 
provider who has provided observer services to the Federal government 
within the past year. In situations where no qualified observer is 
available through a qualified observer provider, the Secretary may 
authorize a vessel owner to arrange for an observer by alternative 
methods. An observer may not be paid directly by the vessel owner.
    (e) Vessel responsibilities. An operator of a vessel required to 
carry one or more scientific observers must:
    (1) Accommodations and food. Provide, at no cost to the observers 
or the United States, accommodations and food on the vessel for the 
observer or observers that are equivalent to those provided for 
officers of the vessel; and
    (2) Safe conditions. Maintain safe conditions on the vessel for the 
protection of observers including

[[Page 6231]]

adherence to all U.S. Coast Guard and other applicable rules, 
regulations, or statutes pertaining to safe operation of the vessel and 
have on board:
    (i) A valid Commercial Fishing Vessel Safety Decal issued within 
the past 2 years that certifies compliance with regulations found in 33 
CFR chapter I and 46 CFR chapter I;
    (ii) A certificate of compliance issued pursuant to 46 CFR 28.710; 
or
    (iii) A valid certificate of inspection pursuant to 46 U.S.C. 3311.
    (3) Health and safety regulations. Comply with the observer health 
and safety regulations at part 600 of this title.
    (4) Transmission of data. Facilitate transmission of observer data 
by allowing observers, on request, to use the vessel's communications 
equipment and personnel for the confidential entry, transmission, and 
receipt of work-related messages.
    (5) Vessel position. Allow observers access to, and the use of, the 
vessel's navigation equipment and personnel, on request, to determine 
the vessel's position, course and speed.
    (6) Access. Allow observers free and unobstructed access to the 
vessel's bridge, trawl or working decks, holding bins, processing 
areas, freezer spaces, weight scales, cargo holds, and any other space 
that may be used to hold, process, weigh, or store fish or fish 
products at any time.
    (7) Prior notification. Notify observers at least 15 minutes before 
fish are brought on board, or fish and fish products are transferred 
from the vessel, to allow sampling the catch or observing the transfer, 
unless the observers specifically request not to be notified.
    (8) Records. Allow observers to inspect and copy the vessel's DCD, 
product transfer forms, any other logbook or document required by 
regulations or CCAMLR conservation measures, printouts or tallies of 
scale weights, scale calibration records, bin sensor readouts, and 
production records.
    (9) Assistance. Provide all other reasonable assistance to enable 
observers to carry out their duties, including, but not limited to:
    (i) Measuring decks, codends, and holding bins;
    (ii) Providing the observers with a safe work area adjacent to the 
sample collection site;
    (iii) Collecting bycatch when requested by the observers;
    (iv) Collecting and carrying baskets of fish when requested by 
observers; and
    (v) Allowing observers to determine the sex of fish when this 
procedure will not decrease the value of a significant portion of the 
catch.
    (10) Transfer at sea. (i) Ensure that transfers of observers at sea 
via small boat or raft are carried out during daylight hours, under 
safe conditions, and with the agreement of observers involved.
    (ii) Notify observers at least 3 hours before observers are 
transferred, such that the observers can collect personal belongings, 
equipment, and scientific samples.
    (iii) Provide a safe pilot ladder and conduct the transfer to 
ensure the safety of observers during transfers.
    (iv) Provide an experienced crew member to assist observers in the 
small boat or raft in which any transfer is made.
    (f) Insurance. The observer service provider or vessel owner must 
provide insurance for national observers that provides compensation in 
the event of an injury or death during the entire deployment, from the 
point of hire location to return, equivalent to the standards of the 
North Pacific Groundfish Observer Program set forth in Sec.  679.50 of 
this title.
    (g) Educational requirements. National observer candidates must:
    (1) Have a Bachelor's degree or higher from an accredited college 
or university with a major in one of the natural sciences; or
    (2) Have successfully completed a minimum of 30 semester hours or 
equivalent in applicable biological sciences with extensive use of 
dichotomous keys in at least one course.
    (h) Health requirements. National observers, and U.S. observers 
deployed as international observers, must have a signed and dated 
statement from a licensed physician that he or she has physically 
examined the observer. The statement must confirm that, based upon the 
physical examination, the observer does not have any health problems or 
conditions that would jeopardize that individual's safety or the safety 
of others while deployed, or prevent the observer from performing his 
or her duties satisfactorily. The statement must declare that, prior to 
the examination, the physician was made aware of the duties of an 
observer and the dangerous, remote and rigorous nature of the work. The 
physician's statement must be submitted to the NMFS Southwest Fisheries 
Science Center Antarctic Ecosystem Research Division program office 
prior to approval of an observer. The physical exam must have occurred 
during the 12 months prior to the observer's deployment. The 
physician's statement will expire 12 months after the physical exam 
occurred. A new physical exam must be performed, and accompanying 
statement submitted, prior to any deployment occurring after the 
expiration of the statement.
    (i) Standards of observer conduct. (1) Observers: (i) Must not have 
a direct financial interest in the fishery being observed, including 
but not limited to:
    (A) Any ownership, mortgage holder, or other secured interest in a 
vessel, shoreside or floating stationary processor facility involved in 
the catching, taking, harvesting or processing of fish;
    (B) Any business involved with selling supplies or services to any 
vessel, shoreside or floating stationary processing facility; or
    (C) Any business involved with purchasing raw or processed products 
from any vessel, shoreside or floating stationary processing 
facilities.
    (ii) Must not solicit or accept, directly or indirectly, any 
gratuity, gift, favor, entertainment, loan, or anything of monetary 
value from anyone who either conducts activities that are regulated by 
NMFS or has interests that may be substantially affected by the 
performance or nonperformance of the observers' official duties.
    (iii) Must not serve as observers on any vessel or at any shoreside 
or floating stationary processing facility owned or operated by a 
person who previously employed the observers.
    (iv) Must not solicit or accept employment as a crew member or an 
employee of a vessel, shoreside processor, or stationary floating 
processor while employed by an observer provider.
    (2) Provisions for remuneration of observers under this section do 
not constitute a conflict of interest.
    (j) Standards of observer behavior. Observers must: (1) Avoid any 
behavior that could adversely affect the confidence of the public in 
the integrity of the CCAMLR Scheme of International Scientific 
Observation or of the government, including but not limited to the 
following:
    (2) Perform their assigned duties as described in the CCAMLR 
Scientific Observers Manual and must complete the CCAMLR Scientific 
Observer Logbooks and submit them to the CCAMLR Data Manager at the 
intervals specified by the Data Manager.
    (3) Accurately record their sampling data, write complete reports, 
and report accurately any observations of suspected violations of 
regulations relevant to conservation of marine resources or their 
environment.
    (4) Not disclose collected data and observations made on board the 
vessel

[[Page 6232]]

or in the processing facility to any person, except the owner or 
operator of the observed vessel or processing facility or NMFS.
    (5) Refrain from engaging in any illegal actions or any other 
activities that would reflect negatively on their image as professional 
scientists, on other observers, or on the CCAMLR Scheme of 
International Scientific Observation as a whole. This includes, but is 
not limited to:
    (i) Refrain from engaging in the use, possession, or distribution 
of illegal drugs; or
    (ii) Refrain from engaging in physical sexual contact with 
personnel of the vessel or processing facility to which the observer is 
assigned, or with any vessel or processing plant personnel who may be 
substantially affected by the performance or non-performance of the 
observer's official duties.
    (k) Sampling station--(1) Minimum work space aboard at sea 
processing vessels. The observer must have a working area of 4.5 square 
meters, including the observer's sampling table, for sampling and 
storage of fish to be sampled. The observer must be able to stand 
upright and have a work area at least 0.9 meter (m) deep in the area in 
front of the table and scale.
    (2) Table aboard at-sea processing vessels. The observer sampling 
station must include a table at least 0.6 m deep, 1.2 m wide and 0.9 m 
high and no more than 1.1 m high. The entire surface area of the table 
must be available for use by the observer. Any area for the observer 
sampling scale is in addition to the minimum space requirements for the 
table. The observer's sampling table must be secured to the floor or 
wall.
    (3) Other requirement for at-sea processing vessels. The sampling 
station must be in a well-drained area that includes floor grating (or 
other material that prevents slipping), lighting adequate for day or 
night sampling, and a hose that supplies fresh or sea water to the 
observer.


Sec.  300.112  Vessel monitoring system.

    (a) Requirement for use. Within 30 days after NMFS publishes in the 
Federal Register a list of approved EMTUs and associated communications 
service providers for the AMLR fishery, an owner or operator of a 
vessel that has been issued a vessel permit under Sec.  300.107 must 
ensure that such vessel has a NMFS-type-approved, operating EMTU 
installed and continuously operating for the duration of any fishing 
trip involving the harvesting of AMLR.
    (b) Installing and activating the EMTU. Only EMTUs that have been 
approved by NMFS for use in the AMLR fishery may be used. The vessel 
owner or operator shall obtain and have installed on the fishing 
vessel, by a qualified marine electrician and in accordance with any 
instructions provided by the VMS Helpdesk or OLE, a NMFS type-approved 
EMTU.
    (c) Interference with the EMTU. No person may interfere with, 
tamper with, alter, damage, disable, or impede the operation of the 
EMTU, or attempt any of the same.
    (d) Interruption of operation of the VMS. When a vessel's EMTU is 
not operating properly, the owner or operator must immediately contact 
OLE, and follow instructions from that office. If notified by NMFS that 
a vessel's EMTU is not operating properly, the owner and operator must 
follow instructions from that office. In either event, such 
instructions may include, but are not limited to, manually 
communicating to a location designated by NMFS the vessel's positions 
or returning to port until the EMTU is operable.
    (e) Access to data. OLE is authorized to receive and relay 
transmissions from the EMTU. OLE will share a vessel's position data 
obtained from the EMTU, if requested, with other NMFS offices, the 
USCG, and their authorized officers and designees.
    (f) Installation and operation of the VMS. NMFS has authority over 
the installation and operation of the EMTU. NMFS may authorize the 
connection or order the disconnection of additional equipment, 
including a computer, to any EMTU when deemed appropriate by NMFS.


Sec.  300.113  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) site designated in accordance with the CCAMLR 
conservation measure describing the procedure for according protection 
for CEMP sites.
    (2) If a CEMP site is also a site specially protected under the 
Antarctic Treaty (or the Protocol on Environmental Protection to the 
Antarctic Treaty and its Annexes, such as the sites listed in 45 CFR 
670.29), an applicant seeking to enter such site must apply to the 
Director of the NSF for a permit under applicable provisions of the ACA 
or any superseding legislation. The permit granted by NSF shall 
constitute a joint CEMP/ACA Protected Site permit and any person 
holding such a permit must comply with the appropriate CEMP site 
management plan. In all other cases, an applicant seeking a permit to 
enter a CEMP site must apply to the Assistant Administrator for a CEMP 
permit in accordance with the provisions of this section.
    (b) Responsibility of CEMP permit holders and persons designated as 
agents under a CEMP permit. (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 authorized to undertake any activities within a 
CEMP Protected Site that are not in compliance with the conditions of 
the CEMP permit and 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), 
as implemented by the ACA and any superseding legislation. (Persons 
interested in conducting activities subject to the Antarctic Treaty or 
the Protocol should contact the Office of Polar Programs, NSF).
    (2) The Convention for the Conservation of Antarctic Seals.
    (3) The Convention and its Conservation Measures in force, 
implemented under the Act.
    (d) Prohibitions on takings. Permits issued under this section do 
not authorize any takings as defined in the applicable statutes and 
implementing regulations governing the activities of persons in 
Antarctica.
    (e) Issuance criteria. Permits designated in this section may be 
issued by the Assistant Administrator upon a determination that:
    (1) The specific activities meet the requirements of the Act;
    (2) There is sufficient reason, established in the CEMP permit 
application, that the scientific purpose for the intended entry cannot 
be served elsewhere; and

[[Page 6233]]

    (3) The actions permitted will not violate any provisions or 
prohibitions of the site's management plan submitted in compliance with 
the CCAMLR Conservation Measure describing the procedure for according 
protection to CEMP sites.
    (f) Application process. An applicant seeking a CEMP permit from 
the Assistant Administrator to enter a CEMP 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 site's 
management plan.
    (2) A statement signed by the applicant that the applicant has read 
and fully understands the provisions and prohibitions of the site's 
management plan. Prospective applicants may obtain copies of the 
relevant management plans and the CCAMLR Conservation Measure 
describing the procedure for according protection to CEMP sites by 
requesting them from NMFS Headquarters.
    (g) Conditions. 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) Transfer. CEMP permits are not transferable or assignable. A 
CEMP permit is valid only for the person to whom it is issued.
    (i) 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.
    (j) 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.
    (k) Exceptions. Entry into a CEMP site is lawful if committed under 
emergency conditions to prevent the loss of human life, avoid 
compromising human safety, prevent the loss of vessels or aircraft, or 
to prevent environmental damage.
    (l) Protected sites. Sites protected by the Antarctic Treaty and 
regulated under the ACA are listed at 45 CFR part 670 subpart F.


Sec.  300.114  Prohibitions.

    In addition to the prohibitions in Sec.  300.4, it is unlawful for 
any person to:
    (a) Harvest any AMLR without a permit for such activity as required 
by Sec.  300.107.
    (b) Import into, or export or re-export from, the United States any 
AMLR: Taken by a vessel of the United States without a permit issued 
under this subpart or by a foreign-flagged vessel without valid 
authorization from the applicable flag state to harvest those 
resources; without accurate, complete, valid and properly validated CDS 
documentation as required by Sec.  300.106; without an IFTP as required 
by Sec.  300.104; or in violation of the terms and conditions for such 
import, export or re-export as specified on the IFTP.
    (c) Engage in or benefit from harvesting or other associated 
activities in violation of the provisions of the Convention or in 
violation of a conservation measure in force with respect to the United 
States under Article IX of the Convention.
    (d) Ship, transport, offer for sale, sell, purchase, import, 
export, re-export or have custody, control or possession of, any AMLR 
that was harvested in violation of a conservation measure in force with 
respect to the United States under Article IX of the Convention or in 
violation of any regulation promulgated under the Act, without regard 
to the citizenship of the person that harvested, or vessel that was 
used in the harvesting of, the AMLR.
    (e) Refuse to allow any CCAMLR inspector or authorized officer to 
board a vessel of the United States or a vessel subject to the 
jurisdiction of the United States for the purpose of conducting any 
search, investigation, or inspection authorized by the Act, this 
subpart, or any permit issued under the Act.
    (f) Refuse to provide appropriate assistance, including access as 
necessary to communications equipment, to any CCAMLR inspector or 
authorized officer.
    (g) Refuse to sign a written notification of alleged violations of 
CCAMLR conservation measures in force prepared by a CCAMLR inspector.
    (h) Assault, resist, oppose, impede, intimidate, or interfere with 
a CCAMLR inspector or authorized officer in the conduct of any 
boarding, search, investigation, or inspection authorized by the Act, 
this subpart, or any permit issued under the Act.
    (i) Use any vessel to engage in harvesting, or receive, import, 
export or re-export, AMLRs after the revocation, or during the period 
of suspension, of an applicable permit issued under the Act.
    (j) Fail to identify, falsely identify, fail to properly maintain, 
or obscure the identification of a harvesting vessel or its gear as 
required by this subpart.
    (k) Fish in an area where fishing is prohibited by the Commission, 
other than for scientific research purposes in accordance with Sec.  
300.103.
    (l) Violate or attempt to violate any provision of this subpart, 
the Act, any other regulation promulgated under the Act or the 
conditions of any permit issued under the Act.
    (m) Provide incomplete or inaccurate information about the harvest, 
transshipment, landing, import, export, or re-export of applicable 
species on any document required under this subpart.
    (n) Receive AMLR from a vessel, without holding an AMLR first 
receiver permit as required under Sec.  300.104, or receive AMLR from a 
fishing vessel that does not hold a valid vessel permit issued under 
Sec.  300.107.
    (o) Import, export or re-export Dissostichus spp. harvested or 
transshipped by a vessel identified by CCAMLR as having engaged in 
illegal, unreported and unregulated (IUU) fishing, originating from a 
high seas area designated by the Food and Agriculture Organization of 
the United Nations as Statistical Area 51 or Statistical Area 57 or 
accompanied by inaccurate, incomplete, invalid, or improperly validated 
CDS documentation or import or re-export Dissostichus spp. accompanied 
by a SVDCD.
    (p) Import shipments of frozen Dissostichus spp. without a 
preapproval issued under Sec.  300.105.
    (q) Observers. (1) Assault, resist, oppose, impede, intimidate, 
harass, bribe, or interfere with an observer.
    (2) Interfere with or bias the sampling procedure employed by an 
observer, including physical, mechanical, or other sorting or 
discarding of catch before sampling.
    (3) Tamper with, destroy, or discard an observer's collected 
samples, equipment, records, photographic film, papers, or personal 
effects without the express consent of the observer.

[[Page 6234]]

    (4) Prohibit or bar by command, impediment, threat, coercion, or by 
refusal of reasonable assistance, an observer from collecting samples, 
conducting product recovery rate determinations, making observations, 
or otherwise performing the observer's duties.
    (5) Harass an observer by conduct that has sexual connotations, has 
the purpose or effect of interfering with the observer's work 
performance, or otherwise creates an intimidating, hostile, or 
offensive environment.
    (6) Fish for or process fish without observer coverage required 
under Sec.  300.111.
    (7) Require, pressure, coerce, or threaten an observer to perform 
duties normally performed by crew members, including, but not limited 
to, cooking, washing dishes, standing watch, vessel maintenance, 
assisting with the setting or retrieval of gear, or any duties 
associated with the processing of fish, from sorting the catch to the 
storage of the finished product.
    (8) Refuse to provide appropriate assistance, including access as 
necessary to communications equipment, to an observer.
    (r) Vessel monitoring systems. (1) Use any vessel of the United 
States issued, or required to be issued, an AMLR vessel permit to 
conduct fishing operations unless that vessel carries a NMFS-type-
approved EMTU and complies with the requirements described in this 
subpart.
    (2) Fail to install, activate, repair or replace an EMTU prior to 
leaving port as specified in this subpart.
    (3) Fail to operate and maintain an EMTU on board the vessel at all 
times as specified in this subpart.
    (4) Tamper with, damage, destroy, alter, or in any way distort, 
render useless, inoperative, ineffective, or inaccurate the EMTU 
required to be installed on a vessel or the EMTU position reports 
transmitted by a vessel as specified in this subpart.
    (5) Fail to contact OLE or follow OLE instructions when automatic 
position reporting has been interrupted as specified in this subpart.
    (6) Register an EMTU to more than one vessel at the same time.
    (7) Connect, or leave connected, additional equipment to an EMTU 
without the prior approval of the OLE.
    (8) Make a false statement, oral or written, to an authorized 
officer regarding the installation, use, operation, or maintenance of 
an EMTU or communication service provider.
    (9) Fail to report to NMFS and to CCAMLR's C-VMS from port-to-port 
on any trip during which AMLR are, or are expected to be, harvested 
regardless of whether the vessel operates, or is expected to operate, 
inside the Convention Area.
    (s) Trawl for krill in Convention Area fisheries without a seal 
excluder device or possess trawl gear without a seal excluder device 
installed onboard a vessel permitted, or required to be permitted, 
under this subpart to harvest krill with trawl gear.
    (t) Harvest any AMLR in the Convention Area without a vessel permit 
required by this subpart.
    (u) Ship, transport, offer for sale, sell, purchase, import, 
export, re-export or have custody, control, or possession of, any 
frozen Dissostichus species without verifiable documentation that the 
harvesting vessel reported to CCAMLR's C-VMS continuously and in real-
time, from port-to-port, regardless of where such Dissostichus species 
were harvested.


Sec.  300.115  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 
CCAMLR conservation measures in effect and will afford the master the 
opportunity to comment on it. The ship's master must sign the 
notification to acknowledge receipt and the opportunity to comment on 
it.
    (4) Any person issued a first receiver permit under this subpart, 
or an IFTP under Sec.  300.322, must as a condition of that permit, 
allow an authorized officer access to any facility from which they 
engage in the first receipt, import, export or re-export of AMLR for 
the purpose of inspecting the facility and any fish, equipment or 
records therein.
    (b) Reports by non-inspectors. 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 CCAMLR conservation measures observed in the Convention 
Area to the Office of Ocean and Polar Affairs (CCAMLR Violations), 
Department of State, Room 5801, Washington, DC 20520.
    (c) Storage of AMLR. The operator of each harvesting vessel storing 
AMLR in a storage space on board a 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.  300.116  Penalties.

    Any person or harvesting vessel found to be in violation of the 
Act, this subpart, or any permit issued under this subpart will be 
subject to the civil and criminal penalty provisions and forfeiture 
provisions prescribed in the Act, 15 CFR part 904, and other applicable 
laws.

[FR Doc. 2017-00401 Filed 1-18-17; 8:45 am]
 BILLING CODE 3510-22-P