cfr_sections
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164 rows where part_number = 300 and title_number = 50 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 50:50:11.0.2.9.1.1.1.1 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | A | Subpart A—General | § 300.1 Purpose and scope. | NOAA | The purpose of this part is to implement the fishery conservation and management measures provided for in the international treaties, conventions, or agreements specified in each subpart, as well as certain provisions of the Lacey Act Amendments of 1981. The regulations in this part apply, except where otherwise specified in this part, to all persons and all places subject to the jurisdiction of the United States under the acts implemented under each subpart. | |||||
| 50:50:11.0.2.9.1.1.1.2 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | A | Subpart A—General | § 300.2 Definitions. | NOAA | [61 FR 35550, July 5, 1996, as amended at 76 FR 59305, Sept. 26, 2011] | In addition to the definitions in each act, agreement, convention, or treaty specified in subparts B through K of this part, the terms used in this part have the following meanings: Assistant Administrator means the Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration, Department of Commerce, or a designee. Address: Room 14555, 1315 East-West Highway, Silver Spring, MD 20910. Authorized officer means: (1) Any commissioned, warrant, or petty officer of the U.S. Coast Guard; or any U.S. Coast Guard personnel accompanying and acting under the direction of a commissioned, warrant, or petty officer of the U.S. Coast Guard; (2) Any special agent or fisheries enforcement officer of NMFS; or (3) Any person designated by the head of any Federal or state agency that has entered into an agreement with the Secretary of Commerce or the Commandant of the U.S. Coast Guard to enforce the provisions of any statute administered by the Secretary. CCAMLR inspector means a person designated by a member of the Commission for the Conservation of Antarctic Marine Living Resources as an inspector under Article XXIV of the Convention on the Conservation of Antarctic Marine Living Resources to verify compliance with measures in effect under the Convention. Exclusive Economic Zone or EEZ means the zone established by Presidential Proclamation 5030, dated March 10, 1983, as defined in 16 U.S.C. 1802(6). Fishing or to fish means: (1) The catching or taking of fish; (2) The attempted catching or taking of fish; (3) Any other activity that can reasonably be expected to result in the catching or taking of fish; or (4) Any operations at sea in support of, or in preparation for, any activity described in paragraphs (1) through (3) of this definition. Fishing vessel means any vessel, boat, ship, or other craft that is used for, equipped to be used for, or of a type normally used for fishing. IATTC means the Inter-American Tropical Tuna Commission, established pursuant to the Convention for … | ||||
| 50:50:11.0.2.9.1.1.1.3 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | A | Subpart A—General | § 300.3 Relation to other laws. | NOAA | Other laws that may apply to fishing activities addressed herein are set forth in § 600.705 of chapter VI of this title. | |||||
| 50:50:11.0.2.9.1.1.1.4 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | A | Subpart A—General | § 300.4 General prohibitions. | NOAA | [61 FR 35550, July 5, 1996, as amended at 81 FR 51133, Aug. 3, 2016] | It is unlawful for any person subject to the jurisdiction of the United States to: (a) Violate the conditions or restrictions of a permit issued under this part. (b) Fail to submit information, fail to submit information in a timely manner, or submit false or inaccurate information, with respect to any information required to be submitted, reported, communicated, or recorded pursuant to this part. (c) Make any false statement, oral or written, to an authorized officer concerning the catching, taking, harvesting, possession, landing, purchase, sale, or transfer of fish, or concerning any other matter subject to investigation by that officer under this part. (d) Conceal any material fact (including by omission), concerning any matter subject to investigation by an authorized officer under this part. (e) Refuse to allow an authorized officer to inspect any report or record required to be made or kept under this part. (f) Falsify, cover, or otherwise obscure, the name, home port, official number (if any), or any other similar marking or identification of any fishing vessel subject to this part such that the vessel cannot be readily identified from an enforcement vessel or aircraft. (g) Fail to comply immediately with any of the enforcement and boarding procedures specified in this part. (h) Refuse to allow an authorized officer to board a fishing vessel, or enter any other area of custody (i.e., any vessel, building, vehicle, live car, pound, pier, or dock facility where fish might be found) subject to such person's control, for the purpose of conducting any inspection, search, seizure, investigation, or arrest in connection with the enforcement of this part or any other applicable law. (i) Destroy, stave, or dispose of in any manner, any fish, gear, cargo, or other matter, upon any communication or signal from an authorized officer of the United States, or upon the approach of such an officer, enforcement vessel, or aircraft, before the officer has had the opportunity to inspect same, or in contravention of… | ||||
| 50:50:11.0.2.9.1.1.1.5 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | A | Subpart A—General | § 300.5 Facilitation of enforcement. | NOAA | [61 FR 35550, July 5, 1996, as amended at 73 FR 67809, Nov. 17, 2008] | (a) Compliance. The operator of, or any other person aboard, any fishing vessel subject to this part must immediately comply with instructions and signals issued by an authorized officer or CCAMLR inspector to stop the vessel, and with instructions to facilitate safe boarding and inspection of the vessel, its gear, equipment, fishing record (where applicable), and catch for purposes of enforcing this part. (1) For the purposes of this section “freeboard” means the working distance between the top rail of the gunwale of a vessel and the water's surface. Where cut-outs are provided in the bulwarks for the purpose of boarding personnel, freeboard means the distance between the threshold of the bulwark cut-out and the water's surface. (2) For the purposes of this section, “pilot ladder” means a flexible ladder constructed and approved to meet the U.S. Coast Guard standards for pilot ladders at 46 CFR subpart 163.003 entitled Pilot Ladder. (b) Communications. (1) Upon being approached by a USCG vessel or aircraft, or other vessel or aircraft with an authorized officer or CCAMLR inspector aboard, the operator of a fishing vessel must be alert for communications conveying enforcement instructions. (2) VHF-FM radiotelephone is the preferred method of communicating between vessels. If the size of the vessel and the wind, sea, and visibility conditions allow, a loudhailer may be used instead of the radio. Hand signals, placards, high frequency radiotelephone, voice, flags, whistle or horn may be employed by an authorized officer or CCAMLR inspector, and message blocks may be dropped from an aircraft. (3) If other communications are not practicable, visual signals may be transmitted by flashing light directed at the vessel signaled. USCG units will normally use the flashing light signal “L” which, in the International Code of Signals, means “you should stop your vessel instantly.” (4) Failure of a vessel's operator promptly to stop the vessel when directed to do so by an authorized officer or CCAMLR inspector, or … | ||||
| 50:50:11.0.2.9.1.10.1.1 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | J | Subpart J—U.S. Nationals Fishing in Russian Fisheries | § 300.150 Purpose. | NOAA | This subpart regulates U.S. nationals fishing in the Russian fisheries and implements the Agreement between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics on Mutual Fisheries Relations, signed May 31, 1988. | |||||
| 50:50:11.0.2.9.1.10.1.2 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | J | Subpart J—U.S. Nationals Fishing in Russian Fisheries | § 300.151 Definitions. | NOAA | [61 FR 35550, July 5, 1996, as amended at 76 FR 59305, Sept. 26, 2011] | In addition to the terms defined in § 300.2 and those in the Magnuson-Stevens Act, the terms used in this subpart have the following meanings. If a term is defined differently in § 300.2 or the Magnuson-Stevens Act, the definition in this section shall apply. Affiliates means two persons (including individuals and entities) related in such a way that— (1) One indirectly or directly controls or has power to control the other; or (2) A third party controls or has power to control both. Indicia of control include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, or a reorganized entity having the same or similar management, ownership, or employees as a former entity. Agreement means the Agreement Between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics on Mutual Fisheries Relations, signed May 31, 1988. Embassy of the Russian Federation means the Fisheries Attache of the embassy located in Washington, D.C. Fishery resource means any fish, any stock of fish, any species of fish, and any habitat of fish. Fishing or to fish means any activity that does, is intended to, or can reasonably be expected to result in catching or removing from the water fishery resources. Fishing also includes the acts of scouting, processing, and support. Operator, with respect to any vessel, means the master or other individual on board and in charge of either the vessel, the vessel's fishing operation, or both. Owner, with respect to any vessel, means any person who owns that vessel in whole or in part, whether or not it is leased or chartered to or managed by another person, or any charterer, whether bareboat, time, or voyage, and any person who acts in the capacity of a charterer, or manager, including but not limited to parties to a management agreement, operating agreement, or any similar agreement that bestows control over the destination, funct… | ||||
| 50:50:11.0.2.9.1.10.1.3 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | J | Subpart J—U.S. Nationals Fishing in Russian Fisheries | § 300.152 Procedures. | NOAA | (a) Application for annual permits. U.S. vessel owners and operators must have a valid permit issued by the Russian Federation obtained pursuant to a complete application submitted through NMFS before fishing in the Russian EZ or for Russian fishery resources. Application forms and copies of applicable laws and regulations of the Russian Federation may be obtained from NMFS Headquarters. (b) Other application information. Applications for motherships, processing or transport vessels must identify the type of fishing gear to be employed or the fishing quotas if the vessel has received or is requesting a quota. To facilitate processing, NMFS requests that permit applications for more than 10 vessels be grouped by type and fishing area, and provide the name, address, telephone, and FAX number(s) of an individual who will be the official point of contact for an application. (c) Review of Applications. NMFS will review each application, and, if it is complete, forward it to the Department of State for submission to the competent authorities of the Russian Federation. NMFS will notify the permit applicant when the permit is submitted to the Russian Federation. NMFS will return incomplete applications to the applicant. (d) Direct Communication. U.S. applicants may communicate directly with the Russian Federation with regard to the status of their applications or permits and are encouraged to do so. Owners and operators should make direct contact and work with Russian industry and government authorities. | |||||
| 50:50:11.0.2.9.1.10.1.4 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | J | Subpart J—U.S. Nationals Fishing in Russian Fisheries | § 300.153 Permit issuance. | NOAA | (a) Acceptance. Once the Department of State has accepted the conditions and restrictions proposed by the Russian Federation and all fees have been paid, the competent authorities of the Russian Federation will approve the application. The Russian Federation will issue a permit to the vessel owner for each fishing vessel for which it has approved an application. That vessel will thereupon be authorized by the Russian Federation to fish in accordance with the Agreement and the terms and conditions set forth in the permit. The vessel owner is prohibited from transferring the permit to any other vessel or person. Any such transfer, or the sale or other transfer of the vessel, will immediately invalidate the permit. The vessel owner must notify NMFS of any change in the permit application information submitted to NMFS Headquarters under § 300.152 within 7 calendar days of the change. (b) Copies. The vessel owner and operator must mail a copy of each permit and any conditions and restrictions issued for that vessel by the Russian Federation within 7 calendar days of its receipt to NMFS Headquarters. (c) Validity. Any permit issued by the Russian Federation with respect to a vessel subject to this subpart will be deemed to be a valid permit only if: (1) A completed permit application has been forwarded to the competent authorities of the Russian Federation as provided in § 300.152(b)(1). (2) Such application has been approved and a permit issued by the competent authorities of the Russian Federation as provided in paragraph (a) of this section. (3) The U.S. Department of State has notified the competent authorities of the Russian Federation that it has accepted the conditions and restrictions as provided in paragraph (a) of this section. The permit will be rendered invalid by: The transfer or sale of the permit specified in paragraph (a) of this section; the failure to submit to NMFS any changes in permit application information as required by paragraph (a) of this section; failure to submit to NMFS any perm… | |||||
| 50:50:11.0.2.9.1.10.1.5 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | J | Subpart J—U.S. Nationals Fishing in Russian Fisheries | § 300.154 Recordkeeping and reporting. | NOAA | [61 FR 35550, July 5, 1996, as amended at 76 FR 59305, Sept. 26, 2011] | (a) General. The owner and operator of a vessel subject to this subpart are responsible for complying with all recordkeeping and reporting requirements in this part in a timely and accurate manner. Reports and records required by this subpart must be in English, in the formats specified, and unless otherwise specified, based on Greenwich mean time (GMT). (b) Vessel permit abstract report. (1) The owner and operator of a vessel subject to this subpart must submit to NMFS Headquarters a permit abstract report containing the following information: (i) Vessel name. (ii) Russian Federation permit number. (iii) Duration of permit (e.g., 1/1/91-12/31/91). (iv) Authorized areas of fishing operations in geographic coordinates. (v) Authorized catch quota in tons. (vi) Authorized fishing gear. (vii) Type of permit (e.g., catcher). (2) The report must be faxed to (301) 713-2313 within 5 calendar days of receipt of the Russian permit. (c) Activity reports. The owner and operator of a vessel subject to this subpart must submit to the Regional Administrator by telefax to (907) 586-7313, the following reports: (1) Depart Report (Action code DEPART). At least 24 hours before the vessel departs from the EEZ for the Russian EZ, NMFS must receive the following information: (i) The date (month and day), and time (hour and minute GMT), and position (latitude and longitude to the nearest degree and minute), at which the vessel will depart the EEZ for the Russian EZ. (ii) The weight in metric tons (to the nearest hundredth of a metric ton) of all fish and fish product (listed by species and product codes) on board the vessel at the time it will depart the EEZ. (2) Return Report (Action code RETURN). At least 24 hours before a vessel that has been in the Russian EZ enters the EEZ, NMFS must receive the following information: (i) The date (month and day), time (hour and minute GMT), and position (latitude and longitude to the nearest degree and minute), at which the vessel will enter the EEZ. (ii) The weight in m… | ||||
| 50:50:11.0.2.9.1.10.1.6 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | J | Subpart J—U.S. Nationals Fishing in Russian Fisheries | § 300.155 Requirements. | NOAA | (a) Compliance with permit requirements. (1) U.S. nationals and vessels subject to this subpart must have a valid permit, as specified in § 300.153(c) in order to fish for Russian fishery resources. (2) U.S. nationals and vessels subject to this subpart that are fishing for Russian fishery resources must comply with all provisions, conditions, and restrictions of any applicable permit. (b) Compliance with Russian law. U.S. nationals and vessels fishing for Russian fishery resources must comply with the relevant laws and regulations of the Russian Federation. (c) Protection of marine mammals. U.S. nationals and vessels fishing for Russian fishery resources may not harass, hunt, capture, or kill any marine mammal within the Russian EZ, attempt to do so, except as may be provided for by an international agreement to which both the United States and Russia are parties, or in accordance with specific authorization and controls established by the Russian Federation. The provisions of the Marine Mammal Protection Act (MMPA), 16 U.S.C. 1361 et seq. also apply to any person or vessel subject to the jurisdiction of the United States while in the Russian EZ, and it shall not be a defense to any violation of the MMPA that the person or vessel was acting in accordance with any permit or authorization issued by the Russian Federation. (d) Cooperation with enforcement procedures. (1) The operator of, or any person aboard, any U.S. vessel subject to this subpart must immediately comply with instructions and signals issued by an authorized officer of the Russian Federation to stop the vessel and with instructions to facilitate safe boarding and inspection of the vessel, its gear, equipment, fishing record, and catch for purposes of enforcing the relevant laws and regulations of Russia. (2) The operator of, and any person aboard, any U.S. vessel subject to this subpart, must comply with directions issued by authorized officers of the Russian Federation in connection with the seizure of the vessel for violation of th… | |||||
| 50:50:11.0.2.9.1.10.1.7 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | J | Subpart J—U.S. Nationals Fishing in Russian Fisheries | § 300.156 Prohibited acts. | NOAA | In addition to the prohibited acts specified at § 300.4, it shall be unlawful for any U.S. national or vessel, or the owner or operator of any such vessel: (a) To fish for Russian fishery resources without a valid permit issued by the competent authorities of the Russian Federation. (b) To violate the provisions, conditions, and restrictions of an applicable permit. (c) To violate the relevant laws and regulations of Russia. (d) To harass, hunt, capture, or kill any marine mammal within the Russian EZ, or while fishing for Russian fishery resources, except as provided in § 300.155 (c). (e) To fail to comply immediately with enforcement and boarding procedures specified in § 300.155 (d). (f) To refuse to allow an authorized officer of the Russian Federation to board and inspect a vessel subject to this subpart for purposes of conducting any search, inspection, arrest, or seizure in connection with the enforcement of the relevant laws and regulations of the Russian Federation. (g) To assault, resist, oppose, impede, intimidate, threaten, or interfere with, in any manner, any authorized officer of the Russian Federation in the conduct of any search, inspection, seizure, or arrest in connection with enforcement of the relevant laws and regulations of the Russian Federation. (h) To fail to pay fines or penalties or comply with forfeitures imposed for a violation of the relevant laws and regulations of the Russian Federation. (i) To refuse or fail to allow a Russian observer to board a vessel subject to this subpart while fishing in the Russian EZ, or for Russian fishery resources. (j) To fail to provide to a Russian observer aboard a vessel fishing in the Russian EZ or for Russian fishery resources, the courtesies and accommodations provided to ship's officers. (k) To assault, resist, oppose, impede, intimidate, threaten, interfere with, harass, or fail to cooperate, in any manner, with a Russian observer placed aboard a vessel subject to this subpart. (l) To fail to reimburse the Russian Federation for th… | |||||
| 50:50:11.0.2.9.1.10.1.8 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | J | Subpart J—U.S. Nationals Fishing in Russian Fisheries | § 300.157 Penalties. | NOAA | In addition to any fine, penalty, or forfeiture imposed by the Russian Federation, nationals and vessels of the United States violating the prohibitions of § 300.156 are subject to the fines, penalties, and forfeitures and the adjudicative procedures provided in the Magnuson-Stevens Act, 16 U.S.C. 1858, 1860, 1861, and any other applicable laws and regulations of the United States. | |||||
| 50:50:11.0.2.9.1.11.1.1 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | K | Subpart K—Transportation and Labeling of Fish or Wildlife | § 300.160 Requirement for marking of containers or packages. | NOAA | Except as otherwise provided in this subpart, all persons are prohibited from importing, exporting, or transporting in interstate commerce any container or package containing any fish or wildlife (including shellfish) unless each container or package is conspicuously marked on the outside with both the name and address of the shipper and consignee and an accurate list of its contents by species and number of each species. | |||||
| 50:50:11.0.2.9.1.11.1.2 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | K | Subpart K—Transportation and Labeling of Fish or Wildlife | § 300.161 Alternatives and exceptions. | NOAA | (a) The requirements of § 300.160 may be met by complying with one of the following alternatives to the marking requirement: (1)(i) Conspicuously marking the outside of each container or package containing fish or wildlife with the word “fish” or “wildlife” as appropriate for its contents, or with the common name of its contents by species, and (ii) Including an invoice, packing list, bill of lading, or similar document to accompany the shipment that accurately states the name and address of the shipper and consignee, states the total number of packages or containers in the shipment, and for each species in the shipment specifies: The common name that identifies the species (examples include: chinook (or king) salmon; bluefin tuna; and whitetail deer); and the number of that species (or other appropriate measure of quantity such as gross or net weight). The invoice, packing list, bill of lading, or equivalent document must be securely attached to the outside of one container or package in the shipment or otherwise physically accompany the shipment in a manner that makes it readily accessible for inspection; or (2) Affixing the shipper's wildlife import/export license number preceded by “FWS” on the outside of each container or package containing fish or wildlife if the shipper has a valid wildlife import/export license issued under authority of part 14 of this title. For each shipment marked in accordance with this paragraph (a)(2), the records maintained under § 14.93(d) of this title must include a copy of the invoice, packing list, bill of lading, or other similar document that accurately states the information required by paragraph (a)(1)(ii) of this section. (3) In the case of subcontainers or packages within a larger packing container, only the outermost container must be marked in accordance with this section, provided, that for live fish or wildlife that are packed in subcontainers within a larger packing container, if the subcontainers are numbered or labeled, the packing list, invoice, bill of ladin… | |||||
| 50:50:11.0.2.9.1.12.1.1 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | L | Subpart L—Pacific Albacore Tuna Fisheries | § 300.170 Purpose and scope. | NOAA | The regulations in this subpart govern fishing by U.S. vessels in waters under the fisheries jurisdiction of Canada pursuant to the 1981 Treaty Between the Government of the United States of America and the Government of Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges as amended in 2002. Regulations governing fishing by Canadian vessels in waters under the fisheries jurisdiction of the United States pursuant to this Treaty as amended in 2002 are found at § 600.530 of chapter VI of this title. | |||||
| 50:50:11.0.2.9.1.12.1.2 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | L | Subpart L—Pacific Albacore Tuna Fisheries | § 300.171 Definitions. | NOAA | In addition to the definitions in the Magnuson-Stevens Fishery Conservation and Management Act and § 600.10 of Chapter VI of this title, the terms used in this subpart have the following meanings: Fishing under the Treaty as amended in 2002 means to engage in fishing for albacore tuna in waters under the fisheries jurisdiction of Canada seaward of 12 nautical miles from the baseline from which the territorial sea is measured. Regional Administrator means the Regional Administrator, Southwest Region, NMFS, 501 W. Ocean Boulevard, Suite 4200, Long Beach, CA 90802-4213, or a designee. Reporting Office means the office designated by the Regional Administrator to take hail-in and hail-out reports from U.S. and Canadian vessel operators. Treaty means the 1981 Treaty Between the Government of the United States of America and the Government of Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges as amended in 2002. | |||||
| 50:50:11.0.2.9.1.12.1.3 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | L | Subpart L—Pacific Albacore Tuna Fisheries | § 300.172 Vessel list. | NOAA | [72 FR 19123, Apr. 17, 2007] | The “vessel list” is the list of U.S. vessels that are authorized to fish under the Treaty as amended in 2002. Only a vessel on the list for at least 7 days may engage in fishing in Canadian waters under the Treaty as amended in 2002. The owner of any U.S. vessel that wishes to be eligible to fish for albacore tuna under the Treaty as amended in 2002 must provide the Regional Administrator or his designee with the vessel name, the owner's name and address, phone number where the owner can be reached, the USCG documentation number (or state registration number if not documented), and vessel operator (if different from the owner) and his or her address and phone number. On the date that NMFS receives a request that includes all the required information, NMFS will place the vessel on the annual vessel list. NMFS will notify fishermen by a confirmation letter or email of the date the vessel was placed on the list. Because the vessel list will revert to zero vessels on December 31 of each year, the required information must be provided in the manner specified on an annual basis. | ||||
| 50:50:11.0.2.9.1.12.1.4 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | L | Subpart L—Pacific Albacore Tuna Fisheries | § 300.173 Vessel identification. | NOAA | [76 FR 73520, Nov. 29, 2011] | Each U.S. vessel fishing under the Treaty must be marked for identification purposes, as follows: (a) A vessel used to fish on the high seas within the Convention Area as defined in § 300.211 must be marked in accordance with the requirements at §§ 300.14 and 300.217. (b) A vessel not used to fish on the high seas within the Convention Area as defined in § 300.211 must be marked in accordance with either: (1) Sections 300.14 and 300.217, or (2) The vessel's name and U.S. Coast Guard Documentation number (or if not documented, the state registration number) followed by the letter U must be prominently displayed where they are clearly visible both from the air and from a surface vessel. Numerals and the letter U must meet the size requirements of § 660.704 of this title. Markings must be legible and of a color that contrasts with the background. | ||||
| 50:50:11.0.2.9.1.12.1.5 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | L | Subpart L—Pacific Albacore Tuna Fisheries | § 300.174 Logbook reports. | NOAA | The owner of any U.S. vessel that fishes for albacore tuna in Canadian waters under the Treaty as amended in 2002 must maintain and submit to the Regional Administrator a logbook of catch and effort of such fishing. The logbook form will be provided to the vessel owner as soon as practicable after the request to be placed on the list of vessels. The logbook must be submitted to the Regional Administrator within 15 days of the end of a trip, regardless of whether the trip ends by reentry to U.S. waters or entry to Canada's territorial sea, other Canadian waters in which fishing is not permitted, or a Canadian port. If the departure is due to exit to the high seas, the vessel operator must submit the logbook within 7 days of its next landing. | |||||
| 50:50:11.0.2.9.1.12.1.6 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | L | Subpart L—Pacific Albacore Tuna Fisheries | § 300.175 Hail-in and hail-out reports. | NOAA | (a) The operator of any U.S. vessel that wishes to engage in fishing in waters under the fisheries jurisdiction of Canada must file a hail-in report to the Reporting Office at least 24 hours prior to engaging in fishing in such waters. (b) The operator of a U.S. vessel that has been fishing under the Treaty as amended in 2002 must file a hail-out report to the Reporting Office within 24 hours of departing waters under the fisheries jurisdiction of Canada. | |||||
| 50:50:11.0.2.9.1.12.1.7 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | L | Subpart L—Pacific Albacore Tuna Fisheries | § 300.176 Prohibitions. | NOAA | It is prohibited for the owner or operator of a U.S. fishing vessel to: (a) Engage in fishing in waters under the fisheries jurisdiction of Canada if: (1) The vessel has not been on the list of fisheries pursuant to § 300.172 for at least 7 days; (2) The vessel is not clearly marked as required under § 300.173; (3) The vessel operator has not filed a hail-in report with the Reporting Office as required under § 300.175(a); or (4) The Regional Administrator has announced that the U.S. limit on fishing under the Treaty as amended in 2002 has been reached. (b) Fail to maintain and submit logbook records of catch and effort statistics as required under § 300.174; (c) Fail to report an exit from waters under the fisheries jurisdiction of Canada as required by § 300.175(b). | |||||
| 50:50:11.0.2.9.1.13.1.1 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | M | Subpart M—International Trade Documentation and Tracking Programs for Highly Migratory Species | § 300.180 Purpose and scope. | NOAA | The regulations in this subpart are issued under the authority of the Atlantic Tunas Convention Act of 1975 (ATCA), Tuna Conventions Act of 1950, and Magnuson-Stevens Act. The regulations implement the recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT) for the conservation and management of tuna and tuna-like species in the Atlantic Ocean and of the Inter-American Tropical Tuna Commission (IATTC) for the conservation and management of highly migratory fish resources in the Eastern Tropical Pacific Ocean, so far as they affect vessels and persons subject to the jurisdiction of the United States. | |||||
| 50:50:11.0.2.9.1.13.1.10 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | M | Subpart M—International Trade Documentation and Tracking Programs for Highly Migratory Species | § 300.189 Prohibitions. | NOAA | [61 FR 35550, July 5, 1996, as amended at 73 FR 31388, June 2, 2008; 81 FR 51136, Aug. 3, 2016] | In addition to the prohibitions specified in § 300.4, and §§ 600.725 and 635.71 of this title, it is unlawful for any person subject to the jurisdiction of the United States to violate any provision of this part, the Atlantic Tunas Convention Act, the Magnuson-Stevens Act, the Tuna Conventions Act of 1950, or any other rules promulgated under those Acts. It is unlawful for any person or vessel subject to the jurisdiction of the United States to: (a) Falsify information required on an application for a permit submitted under § 300.322. (b) Import as an entry for consumption, purchase, receive for export, export, or re-export any fish or fish product regulated under this subpart without a valid trade permit issued under § 300.322. (c) Fail to possess, and make available for inspection, a trade permit at the permit holder's place of business, or alter any such permit as specified in § 300.322. (d) Falsify or fail to record, report, or maintain information required to be recorded, reported, or maintained, as specified in § 300.183 or § 300.185. (e) Fail to allow an authorized agent of NMFS to inspect and copy reports and records, as specified in § 300.183 or § 300.185. (f) Fail to comply with the documentation requirements as specified in § 300.185, § 300.186 or § 300.187, for fish or fish products regulated under this subpart that are imported, entered for consumption, exported, or re-exported. (g) Fail to comply with the documentation requirements as specified in § 300.186, for the importation, entry for consumption, exportation, or re-exportation of an Atlantic swordfish, or part thereof, that is less than the minimum size. (h) Validate consignment documents or re-export certificates without authorization as specified in § 300.187. (i) Validate consignment documents or re-export certificates as provided for in § 300.187 with false information. (j) Remove any NMFS-issued numbered tag affixed to any Pacific bluefin tuna or any tag affixed to a bluefin tuna imported from a country with a BCD tag program bef… | ||||
| 50:50:11.0.2.9.1.13.1.2 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | M | Subpart M—International Trade Documentation and Tracking Programs for Highly Migratory Species | § 300.181 Definitions. | NOAA | [61 FR 35550, July 5, 1996, as amended at 73 FR 31385, June 2, 2008; 81 FR 18799, Apr. 1, 2016; 81 FR 51134, Aug. 3, 2016] | Atlantic bluefin tuna means the species Thunnus thynnus found in the Atlantic Ocean. Automated Commercial Environment (ACE) has the same meaning as that term is defined in § 300.321 of this part. Automated Export System (AES) has the same meaning as that term is defined in § 300.321 of this part. BCD tag means a numbered tag affixed to a bluefin tuna issued by any country in conjunction with a catch statistics information program and recorded on a BCD or eBCD. Bigeye tuna means the species Thunnus obesus found in any ocean area. Bluefin Tuna Catch Document (BCD) means a bluefin tuna catch document issued by a nation implementing the ICCAT bluefin tuna catch documentation program. BSD tag means a numbered tag affixed to a bluefin tuna issued by any country in conjunction with a catch statistics information program and recorded on a bluefin tuna statistical document (BSD). CBP means U.S. Customs and Border Protection, Department of Homeland Security. CCSBT means the Commission for the Conservation of Southern Bluefin Tuna established pursuant to the Convention for the Conservation of Southern Bluefin Tuna. Consignment document means either an ICCAT eBCD or paper BCD issued by a nation to comply with the ICCAT bluefin tuna catch documentation program consistent with ICCAT recommendations; or an ICCAT, IATTC, IOTC, or CCSBT statistical document or a statistical document issued by a nation to comply with such statistical document programs. Consignment documentation programs means the ICCAT, IOTC, IATTC or CCSBT catch document or statistical document programs. Customs territory of the United States has the same meaning as in 19 CFR 101.1 and includes only the States, the District of Columbia, and Puerto Rico. Dealer tag means the numbered, flexible, self-locking ribbon issued by NMFS for the identification of Atlantic bluefin tuna sold to a dealer permitted under § 635.4 of this title as required under § 635.5(b) of this title. Document Imaging System (DIS) means the system established by… | ||||
| 50:50:11.0.2.9.1.13.1.3 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | M | Subpart M—International Trade Documentation and Tracking Programs for Highly Migratory Species | § 300.182 International fisheries trade permit. | NOAA | [81 FR 51134, Aug. 3, 2016] | An importer, entering for consumption any fish or fish products regulated under this subpart, harvested from any ocean area, into the United States, or an exporter exporting or re-exporting such product, must possess a valid International Fisheries Trade Permit (IFTP) issued under § 300.322. | ||||
| 50:50:11.0.2.9.1.13.1.4 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | M | Subpart M—International Trade Documentation and Tracking Programs for Highly Migratory Species | § 300.183 Permit holder reporting and recordkeeping requirements. | NOAA | [73 FR 31385, June 2, 2008, as amended at 81 FR 51134, Aug. 3, 2016] | (a) Biweekly reports. Any person trading fish and fish products regulated under this subpart and required to obtain a trade permit under § 300.322 must submit to NMFS, on forms supplied by NMFS, a biweekly report of entries for consumption, exports and re-exports of fish and fish products regulated under this subpart, except shark fins. (1) The report required to be submitted under this paragraph (a) must be received within 10 days after the end of each biweekly reporting period in which fish or fish products regulated under this subpart except shark fins were entered for consumption, exported, or re-exported. The bi-weekly reporting periods are the first day to the 15 th day of each month, and the 16 th day to the last day of each month. (2) Each report must specify accurately and completely the requested information for each consignment of fish or fish products regulated under this subpart, except shark fins, that is entered for consumption, exported, or re-exported. (3) A biweekly report is not required for export consignments of bluefin tuna when the information required on the biweekly report has been previously supplied on a biweekly report submitted under § 635.5(b)(2)(i)(B) of this title. The person required to obtain a trade permit under § 300.322 must retain, at his/her principal place of business, a copy of the biweekly report which includes the required information and is submitted under § 635.5(b)(2)(i)(B) of this title, for a period of 2 years from the date on which each report was submitted to NMFS. (b) Recordkeeping. Any person trading fish and fish products regulated under this subpart and required to submit biweekly reports under paragraph (a) of this section must retain, at his/her principal place of business, a copy of each biweekly report and all supporting records for a period of 2 years from the date on which each report was submitted to NMFS. (c) Other requirements. Any person trading fish and fish products regulated under this subpart and required to obtain a trade permit u… | ||||
| 50:50:11.0.2.9.1.13.1.5 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | M | Subpart M—International Trade Documentation and Tracking Programs for Highly Migratory Species | § 300.184 Species subject to permitting, documentation, reporting, and recordkeeping requirements. | NOAA | [81 FR 51135, Aug. 3, 2016] | (a) Except as noted in paragraphs (b) and (c) of this section, the following fish or fish products are subject to the documentation requirements of this subpart, regardless of ocean area of catch, and must be reported under the appropriate heading or subheading numbers from the Harmonized Tariff Schedule of the United States (HTS): (1) Bluefin tuna, (2) Southern bluefin tuna, (3) Frozen bigeye tuna, (4) Swordfish, and (5) Shark fins. (b) For bluefin tuna, southern bluefin tuna, frozen bigeye tuna, and swordfish, fish parts other than meat ( e.g., heads, eyes, roe, guts, and tails) may be imported without the documentation required under this subpart. (c) Bigeye tuna caught by purse seiners or pole and line (bait) vessels and destined for canneries within the United States, including all U.S. commonwealths, territories, and possessions, may be imported without the documentation required under this subpart. | ||||
| 50:50:11.0.2.9.1.13.1.6 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | M | Subpart M—International Trade Documentation and Tracking Programs for Highly Migratory Species | § 300.185 Documentation, reporting and recordkeeping requirements for consignment documents and re-export certificates. | NOAA | [69 FR 67277, Nov. 17, 2004, as amended at 71 FR 58163, Oct. 2, 2006; 73 FR 31386, June 2, 2008; 74 FR 66586, Dec. 16, 2009; 81 FR 18799, Apr. 1, 2016; 81 FR 51135, Aug. 3, 2016] | (a) Imports —(1) Applicability of requirements. The documentation requirements in paragraph (a)(2) of this section apply to all imports of fish or fish products regulated under this subpart, into the Customs territory of the United States, except shark fins, or except when entered as a product of an American fishery landed overseas (HTS heading 9815). For insular possessions with customs territories separate from the Customs territory of the United States, documentation requirements in paragraph (a)(2) of this section apply only to entries for consumption. The reporting requirements of paragraph (a)(3) of this section do not apply to fish products destined from one foreign country to another which transit the United States or a U.S. insular possession and are designated as an entry type other than entry for consumption as defined in § 300.181. (2) Documentation requirements. (i) Except for shark fins, all fish or fish products regulated under this subpart, imported into the Customs territory of the United States or entered for consumption into a separate customs territory of a U.S. insular possession, must, at the time of presenting entry documentation for clearance by customs authorities ( e.g., electronic filing via ACE or other documentation required by the port director) be accompanied by an original, complete, accurate, approved and properly validated, species-specific consignment document. An image of such document and the required data set must be filed electronically with CBP via ACE. (ii) Bluefin tuna: (A) Imports that were re-exported from another nation must also be accompanied by an original, complete, accurate, approved and properly validated, species-specific re-export certificate. ( 1 ) For Atlantic bluefin tuna, this requirement must be satisfied by the U.S. importer through electronic receipt and completion of a re-export certificate in the ICCAT eBCD system, unless NMFS provides otherwise through actual notice or Federal Register notice. In cases where the documentation requirements … | ||||
| 50:50:11.0.2.9.1.13.1.7 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | M | Subpart M—International Trade Documentation and Tracking Programs for Highly Migratory Species | § 300.186 Completed and approved documents. | NOAA | [61 FR 35550, July 5, 1996, as amended at 73 FR 31388, June 2, 2008; 81 FR 18800, Apr. 1, 2016] | (a) NMFS-approved forms. A NMFS-approved consignment document or re-export certificate may be obtained from NMFS to accompany exports of fish or fish products regulated under this subpart from the Customs territory of the United States or the separate customs territory of a U.S. insular possession. (b) Nationally approved forms from other countries. A nationally approved form from another country may be used for exports to the United States if that document strictly conforms to the information requirements and format of the applicable RFMO documents. An approved consignment document or re-export certificate for use in countries without a nationally approved form to accompany consignments to the United States may be obtained from the following websites, as appropriate: www.iccat.org , www.iattc.org , www.ccsbt.org , or www.iotc.org. | ||||
| 50:50:11.0.2.9.1.13.1.8 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | M | Subpart M—International Trade Documentation and Tracking Programs for Highly Migratory Species | § 300.187 Validation requirements. | NOAA | [61 FR 35550, July 5, 1996, as amended at 73 FR 31388, June 2, 2008; 81 FR 18801, Apr. 1, 2016] | (a) Imports. The approved consignment document accompanying any import of any fish or fish product regulated under this subpart must be validated by a government official from the issuing country, unless NMFS waives this requirement pursuant to an applicable RFMO recommendation. NMFS will furnish a list of countries for which government validation requirements are waived to the appropriate customs officials. Such list will indicate the circumstances of exemption for each issuing country and the non-government institutions, if any, accredited to validate statistical documents and re-export certificates for that country. (b) Exports. The approved consignment document accompanying any export of fish or fish products regulated under this subpart must be validated, except pursuant to a waiver described in paragraph (d) of this section. Validation must be made by NMFS or another official authorized by NMFS. (c) Re-exports. The approved re-export certificate accompanying any re-export of fish or fish products regulated under this subpart, as required under § 300.185(c), must be validated, except pursuant to a waiver described in paragraph (d) of this section. Validation must be made by NMFS or another official authorized by NMFS. (d) Validation waiver. Any waiver of government validation will be consistent with applicable RFMO recommendations concerning validation of consignment documents and re-export certificates. If authorized, such waiver of government validation may include exemptions from government validation for Pacific bluefin tuna with individual BCD tags affixed pursuant to paragraph (f) of this section or for Atlantic bluefin tuna with tags affixed pursuant to § 635.5(b) of this title. Waivers will be specified on consignment documents and re-export certificates or accompanying instructions, or in a letter to permit holders from NMFS. (e) Authorization for non-NMFS validation. An official from an organization or government agency seeking authorization to validate consignment documents or re-exp… | ||||
| 50:50:11.0.2.9.1.13.1.9 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | M | Subpart M—International Trade Documentation and Tracking Programs for Highly Migratory Species | § 300.188 Ports of entry. | NOAA | [73 FR 31388, June 2, 2008] | NMFS shall monitor the importation of fish or fish products regulated under this subpart into the United States. If NMFS determines that the diversity of handling practices at certain ports at which fish or fish products regulated under this subpart are being imported into the United States allows for circumvention of the consignment document requirement, NMFS may undertake a rulemaking to designate, after consultation with the CBP, those ports at which fish or fish products regulated under this subpart from any ocean area may be imported into the United States. | ||||
| 50:50:11.0.2.9.1.14.1.1 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | N | Subpart N—Identification and Certification of Nations | § 300.200 Purpose and scope. | NOAA | [78 FR 3342, Jan. 16, 2013] | The purpose of this subpart is to implement the requirements in the High Seas Driftnet Fishing Moratorium Protection Act (“Moratorium Protection Act”) to identify and certify nations whose vessels engaged in illegal, unreported, or unregulated fishing; whose fishing activities result in bycatch of protected living marine resources; or whose vessels engaged in fishing activities or practices on the high seas that target or incidentally catch sharks where the nation has not adopted a regulatory program for the conservation of sharks, comparable in effectiveness to that of the United States, taking into account different conditions. This language applies to vessels entitled to fly the flag of the nation in question. Where the Secretary of Commerce determines that an identified nation has not taken the necessary actions to warrant receipt of a positive certification, the Secretary of Commerce may recommend to the President that the United States prohibit the importation of certain fish and fish products from the identified nation or other measures. The Secretary of Commerce will recommend to the President appropriate measures, including trade restrictive measures, to be taken against identified nations that have not received a positive certification, to address the fishing activities or practices for which such nations were identified in the biennial report. The Secretary of Commerce will make such a recommendation on a case-by-case basis in accordance with international obligations, including the World Trade Organization (WTO) Agreement. The Moratorium Protection Act also authorizes cooperation and assistance to nations to take action to combat illegal, unreported, or unregulated fishing, reduce bycatch of protected living marine resources, and achieve shark conservation. | ||||
| 50:50:11.0.2.9.1.14.1.10 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | N | Subpart N—Identification and Certification of Nations | § 300.209 Alternative procedures for nations identified as having vessels engaged in shark catch that are not certified in this subpart. | NOAA | [78 FR 3346, Jan. 16, 2013] | (a) These certification procedures may be applied to fish and fish products from a vessel of a harvesting nation that has been identified under § 300.204 in the event that the Secretary cannot reach a certification determination for that nation by the time of the next biennial report. These procedures shall not apply to fish and fish products from identified nations that have received either a negative or a positive certification under this subpart. (b) Consistent with paragraph (a) of this section, the Secretary of Commerce may allow entry of fish and fish products on a shipment-by-shipment, shipper-by-shipper, or other basis if the Secretary determines that imports were harvested by fishing activities or practices that do not target or incidentally catch sharks, or were harvested by practices that— (1) Are comparable to those of the United States, taking into account different conditions; and (2) Include the gathering of species specific shark data that can be used to support international and regional assessments and conservation efforts for sharks. (c) In addition to any other import documentation requirements that otherwise apply, fish and fish products offered for entry under this section must be accompanied by certification of admissibility, for which a form is available from NMFS. The certification of admissibility must be properly completed and signed by a duly authorized official of the identified nation and validated by a responsible official(s) designated by NMFS. The certification must also be signed by the importer of record and submitted to NMFS in a format (electronic facsimile (fax), the Internet, etc.) specified by NMFS. (d) Any action recommended under this section shall be consistent with international obligations, including the WTO Agreement. | ||||
| 50:50:11.0.2.9.1.14.1.2 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | N | Subpart N—Identification and Certification of Nations | § 300.201 Definitions. | NOAA | [76 FR 2024, Jan. 12, 2011, as amended at 78 FR 3342, Jan. 16, 2013] | For the purposes of the Moratorium Protection Act: Bycatch means: the incidental or discarded catch of protected living marine resources or entanglement of such resources with fishing gear. Fishing vessel means: any vessel, boat, ship, or other craft which is used for, equipped to be used for, or of a type which is normally used for— (1) Fishing; or (2) Any activity relating to fishing, including, but not limited to, preparation, supply, storage, refrigeration, transportation, or processing, bunkering or purchasing catch, or aiding or assisting one or more vessels at sea in the performance of such activity. Illegal, unreported, or unregulated (IUU) fishing means: (1) In the case of parties to an international fishery management agreement to which the United States is a party, fishing activities that violate conservation and management measures required under an international fishery management agreement to which the United States is a party, including but not limited to catch limits or quotas, capacity restrictions, bycatch reduction requirements, shark conservation measures, and data reporting; (2) In the case of non-parties to an international fishery management agreement to which the United States is a party, fishing activities that would undermine the conservation of the resources managed under that agreement; (3) Overfishing of fish stocks shared by the United States, for which there are no applicable international conservation or management measures, or in areas with no applicable international fishery management organization or agreement, that has adverse impacts on such stocks; or, (4) Fishing activity that has a significant adverse impact on seamounts, hydrothermal vents, cold water corals and other vulnerable marine ecosystems located beyond any national jurisdiction, for which there are no applicable conservation or management measures or in areas with no applicable international fishery management organization or agreement. (5) Fishing activities by foreign flagged vessels in U.S. waters … | ||||
| 50:50:11.0.2.9.1.14.1.3 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | N | Subpart N—Identification and Certification of Nations | § 300.202 Identification and certification of nations engaged in illegal, unreported, or unregulated fishing activities. | NOAA | [76 FR 2024, Jan. 12, 2011, as amended at 78 FR 3343, Jan. 16, 2013] | (a) Procedures to identify nations whose fishing vessels are engaged in IUU fishing (1) NMFS will identify and list, in a biennial report to Congress, nations whose fishing vessels are engaged, or have been engaged at any point during the preceding two years, in IUU fishing. (2) When determining whether to identify a nation as having fishing vessels engaged in IUU fishing, NMFS will take into account all relevant matters, including but not limited to the history, nature, circumstances, extent, duration, and gravity of the IUU fishing activity in question, and any measures that the nation has implemented to address the IUU fishing activity. NMFS will also take into account whether an international fishery management organization exists with a mandate to regulate the fishery in which the IUU activity in question takes place. If such an organization exists, NMFS will consider whether the relevant international fishery management organization has adopted measures that are effective at addressing the IUU fishing activity in question and, if the nation whose fishing vessels are engaged, or have been engaged, in IUU fishing is a party to, or maintains cooperating status with, the organization. NMFS will also take into account any actions taken or on-going proceedings by the United States and/or flag State to address the IUU fishing activity of concern as well as the effectiveness of such actions. (b) Notification of nations identified as having fishing vessels engaged in IUU fishing. Upon identifying a nation whose vessels have been engaged in IUU fishing activities in the biennial report to Congress, the Secretary of Commerce will notify the President of such identification. Within 60 days after submission of the biennial report to Congress, the Secretary of Commerce, acting through or in consultation with the Secretary of State, will: (1) Notify nations that have been identified in the biennial report as having fishing vessels that are currently engaged, or were engaged at any point during the preceding two cal… | ||||
| 50:50:11.0.2.9.1.14.1.4 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | N | Subpart N—Identification and Certification of Nations | § 300.203 Identification and certification of nations engaged in bycatch of protected living marine resources. | NOAA | [76 FR 2024, Jan. 12, 2011, as amended at 78 FR 3343, Jan. 16, 2013] | (1) NMFS will identify and list, in the biennial report to Congress nations— (i) whose fishing vessels are engaged, or have been engaged during the preceding calendar year prior to publication of the biennial report to Congress, in fishing activities or practices either in waters beyond any national jurisdiction that result in bycatch of a PLMR, or in waters beyond the U.S. EEZ that result in bycatch of a PLMR that is shared by the United States; (ii) if the nation is a party to or maintains cooperating status with the relevant international organization with jurisdiction over the conservation and protection of the relevant PLMRs, or a relevant international or regional fishery organization, and the organization has not adopted measures to effectively end or reduce bycatch of such species; and (iii) the nation has not implemented measures designed to end or reduce such bycatch that are comparable in effectiveness to U.S. regulatory requirements, taking into account different conditions that could bear on the feasibility and efficacy of comparable measures. (2) When determining whether to identify nations as having fishing vessels engaged in PLMR bycatch, NMFS will take into account all relevant matters including, but not limited to, the history, nature, circumstances, extent, duration, and gravity of the bycatch activity in question. (3) NMFS will also examine whether the nation has implemented measures designed to end or reduce such bycatch that are comparable in effectiveness to U.S. regulatory requirements. In considering whether a nation has implemented measures that are comparable in effectiveness to those of the United States, NMFS will evaluate if different conditions exist that could bear on the feasibility and efficiency of such measures to end or reduce bycatch of the pertinent PLMRs. (b) Notification of nations identified as having fishing vessels engaged in PLMR bycatch. Upon identifying a nation whose vessels have been engaged in bycatch of PLMRs in the biennial report to Congress, the Secret… | ||||
| 50:50:11.0.2.9.1.14.1.5 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | N | Subpart N—Identification and Certification of Nations | § 300.204 Identification and certification of nations whose vessels are engaged in shark catch. | NOAA | [78 FR 3343, Jan. 16, 2013] | (a) Procedures to identify nations if fishing vessels of that nation are engaged in fishing activities or practices in waters beyond any national jurisdiction that target or incidentally catch sharks during the preceding calendar year. (1) NMFS will identify and list in the biennial report to Congress nations— (i) Whose fishing vessels are engaged, or have been engaged during the calendar year prior to publication of the biennial report to Congress, in fishing activities or practices in waters beyond any national jurisdiction that target or incidentally catch sharks; and (ii) Where that nation has not adopted a regulatory program to provide for the conservation of sharks, including measures to prohibit removal of any of the fins of a shark (including the tail) and discard the carcass of the shark at sea, that is comparable in effectiveness to that of the United States, taking into account different conditions, including conditions that could bear on the feasibility and effectiveness of measures. (2) When determining whether to identify nations for these activities, NMFS will take into account all relevant matters including, but not limited to, the history, nature, circumstances, duration, and gravity of the fishing activity of concern. (b) Notification of nations identified as having fishing vessels engaged in fishing activities or practices that target or incidentally catch sharks. Upon identifying in the biennial report to Congress a nation whose vessels engaged in fishing activities or practices in waters beyond any national jurisdiction that target or incidentally catch sharks, the Secretary of Commerce will notify the President of such identification. Within 60 days after submission of the biennial report to Congress, the Secretary of Commerce, acting through or in consultation with the Secretary of State, will notify identified nations about the requirements under the Moratorium Protection Act and this subpart N. (c) Consultations and negotiations. Upon submission of the biennial report to Congre… | ||||
| 50:50:11.0.2.9.1.14.1.6 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | N | Subpart N—Identification and Certification of Nations | § 300.205 Effect of certification. | NOAA | [78 FR 3344, Jan. 16, 2013] | (a) If a nation identified under § 300.202(a), § 300.203(a), or § 300.204(a) does not receive a positive certification under this subpart ( i.e., the nation receives a negative certification or no certification is made), the Secretary of Treasury shall, in accordance with recognized principles of international law: (1) Withhold or revoke the clearance required by section 91 of the appendix to Title 46 for the fishing vessels of such nation; and (2) Deny entry to the fishing vessels of such nation to any place in the United States and to the navigable waters of the United States. (b) Upon notification and any recommendations by the Secretary of Commerce to the President that an identified nation has failed to receive a positive certification, the President is authorized to direct the Secretary of the Treasury to prohibit the importation of certain fish and fish products from such nation (see § 300.206). (c) Any action recommended under paragraph (b) of this section shall be consistent with international obligations, including the WTO Agreement. (d) If certain fish and fish products are prohibited from entering the United States, within six months after the imposition of the prohibition, the Secretary of Commerce shall determine whether the prohibition is insufficient to cause that nation to effectively address the IUU fishing, bycatch, or shark catch described in the biennial report, or that nation has retaliated against the United States as a result of that prohibition. The Secretary of Commerce shall certify to the President each affirmative determination that an import prohibition is insufficient to cause a nation to effectively address such IUU fishing activity, bycatch, or shark catch or that a nation has taken retaliatory action against the United States. This certification is deemed to be a certification under section 1978(a) of Title 22, which provides that the President may direct the Secretary of the Treasury to prohibit the bringing or the importation into the United States of any products from th… | ||||
| 50:50:11.0.2.9.1.14.1.7 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | N | Subpart N—Identification and Certification of Nations | § 300.206 Denial of port privileges and import restrictions on fish or fish products. | NOAA | [76 FR 2024, Jan. 12, 2011. Redesignated and amended at 78 FR 3343, 3345, Jan. 16, 2013] | (a) Scope of applicability. (1) Vessels from a nation identified in the biennial report under § 300.202(a), § 300.203(a), or § 300.204(a) and not positively certified by the Secretary of Commerce that enter any place in the United States or the navigable waters of the United States remain subject to inspection and may be prohibited from landing, processing, or transshipping fish and fish products, under applicable law. Services, including the refueling and re-supplying of such fishing vessels, may be prohibited, with the exception of services essential to the safety, health, and welfare of the crew. Fishing vessels will not be denied port access or services in cases of force majeure or distress. (2) For nations identified in the previous biennial report under § 300.202(a) that are not positively certified in the current biennial report, the Secretary of Commerce shall so notify and make recommendations to the President, who is authorized to direct the Secretary of Treasury to impose import prohibitions with respect to fish and fish products from those nations. Such a recommendation would address the relevant fishing activities or practices for which such nations were identified in the biennial report. Such import prohibitions, if implemented, would apply to fish and fish products managed under an applicable international fishery agreement. If there is no applicable international fishery agreement, such prohibitions, if implemented, would only apply to fish and fish products caught by vessels engaged in illegal, unreported, or unregulated fishing. For nations identified under § 300.203(a) or § 300.204(a) that are not positively certified, the Secretary of Commerce shall so notify and make recommendations to the President, who is authorized to direct the Secretary of Treasury to impose import prohibitions with respect to fish and fish products from those nations; such prohibitions would only apply to fish and fish products caught by the vessels engaged in the relevant activity for which the nation was identified… | ||||
| 50:50:11.0.2.9.1.14.1.8 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | N | Subpart N—Identification and Certification of Nations | § 300.207 Alternative procedures for nations identified as having vessels engaged in IUU fishing activities that are not certified in this subpart. | NOAA | [76 FR 2024, Jan. 12, 2011. Redesignated and amended at 78 FR 3343, 3345, Jan. 16, 2013] | (a) These certification procedures may be applied to fish or fish products from a vessel of a harvesting nation that has been identified under § 300.202 in the event that the Secretary cannot reach a certification determination for that nation by the time of the next biennial report. These procedures shall not apply to fish or fish products from identified nations that have received either a negative or a positive certification under this subpart. (b) Consistent with paragraph (a) of this section, the Secretary of Commerce may allow entry of fish or fish products on a shipment-by-shipment, shipper-by-shipper, or other basis if the Secretary determines that: (1) The vessel has not engaged in IUU fishing under an international fishery management agreement to which the U.S. is a party; or (2) The vessel is not identified by an international fishery management organization as participating in IUU fishing activities. (c) In addition to any other import documentation requirements that otherwise apply, fish and fish products offered for entry under this section must be accompanied by certification of admissibility, for which a form is available from NMFS. The certification of admissibility must be properly completed and signed by a duly authorized official of the identified nation and must be validated by a responsible official(s) designated by NMFS. The certification must also be signed by the importer of record and submitted to NMFS in a format (electronic facsimile (fax), the Internet, etc.) specified by NMFS. (d) Any action recommended under this section shall be consistent with international obligations, including the WTO Agreement. | ||||
| 50:50:11.0.2.9.1.14.1.9 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | N | Subpart N—Identification and Certification of Nations | § 300.208 Alternative procedures for nations identified as having vessels engaged in bycatch of PLMRs that are not certified in this subpart. | NOAA | [76 FR 2024, Jan. 12, 2011. Redesignated and amended at 78 FR 3343, 3345, Jan. 16, 2013] | (a) These certification procedures may be applied to fish or fish products from a vessel of a harvesting nation that has been identified under § 300.203 in the event that the Secretary cannot reach a certification determination for that nation by the time of the next biennial report. These procedures shall not apply to fish or fish products from identified nations that have received either a negative or a positive certification under this subpart. (b) Consistent with paragraph (a) of this section, the Secretary of Commerce may allow entry of fish or fish products on a shipment-by-shipment, shipper-by-shipper, or other basis if the Secretary determines that imports were harvested by practices that do not result in bycatch of a protected marine species, or were harvested by practices that— (1) Are comparable to those of the United States, taking into account different conditions, and which, in the case of pelagic longline fisheries, the regulatory program of an identified nation includes mandatory use of circle hooks, careful handling and release equipment, and training and observer programs; and (2) Include the gathering of species specific data that can be used to support international and regional assessments and conservation efforts for protected living marine resources. (c) In addition to any other import documentation requirements that otherwise apply, fish and fish products offered for entry under this section must be accompanied by certification of admissibility, for which a form is available from NMFS. The certification of admissibility must be properly completed and signed by a duly authorized official of the identified nation and must be validated by a responsible official(s) designated by NMFS. The certification must also be signed by the importer of record and submitted to NMFS in a format (electronic facsimile (fax), the Internet, etc.) specified by NMFS. (d) Any action recommended under this section shall be consistent with international obligations, including the WTO Agreement. | ||||
| 50:50:11.0.2.9.1.15.1.1 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | O | Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species | § 300.210 Purpose and scope. | NOAA | This subpart implements provisions of the Western and Central Pacific Fisheries Convention Implementation Act (Act) and applies to persons and vessels subject to the jurisdiction of the United States. | |||||
| 50:50:11.0.2.9.1.15.1.10 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | O | Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species | § 300.219 Vessel monitoring system. | NOAA | [75 FR 3351, Jan. 21, 2010, as amended at 79 FR 64110, Oct. 28, 2014; 80 FR 59048, Oct. 1, 2015] | (a) SAC and VMS Helpdesk contact information and business hours. For the purpose of this section, the following contact information applies: (1) SAC. Address: 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818; telephone: 808-725-6100; facsimile: 808-725-6199; email: pidvms@noaa.gov; business hours: Monday through Friday, except Federal holidays, 8 a.m. to 4:30 p.m., Hawaii Standard Time. (2) VMS Helpdesk. Telephone: 888-219-9228; email: ole.helpdesk@noaa.gov; business hours: Monday through Friday, except Federal holidays, 7 a.m. to 11 p.m., Eastern Time. (b) Applicability. This section applies to any fishing vessel of the United States with a WCPFC Area Endorsement or for which a WCPFC Area Endorsement is required. (c) Provision of vessel position information —(1) VMS unit. The vessel owner and operator shall install and maintain on the fishing vessel, in accordance with instructions provided by the SAC and the VMS unit manufacturer, a VMS unit that is type-approved by NMFS for fisheries governed under the Act. The vessel owner and operator shall arrange for a NMFS-approved mobile communications service provider to receive and relay transmissions from the VMS unit to NMFS. NMFS makes available lists of type-approved VMS units and approved mobile communications service providers. NMFS and the Commission are authorized to receive and relay transmissions from the VMS unit. (2) VMS unit activation. If the VMS unit has not yet been activated as described in this paragraph, or if the VMS unit has been newly installed or reinstalled, or if the mobile communications service provider has changed since the previous activation, or if directed by the SAC, the vessel owner and operator shall, prior to the vessel leaving port: (i) Turn on the VMS unit to make it operational; (ii) Submit a written activation report, via mail, facsimile or e-mail, to the SAC, that includes: the vessel's name; the vessel's official number; the VMS unit manufacturer and identification number; and telephone, facsimile or e-mail… | ||||
| 50:50:11.0.2.9.1.15.1.11 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | O | Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species | § 300.220 Confidentiality of information. | NOAA | [75 FR 3352, Jan. 21, 2010] | (a) Types of information covered. NOAA is authorized under the Act and other statutes to collect and maintain information. This section applies to confidential information collected under authority of the Act. (b) Collection and maintenance of information —(1) General. (i) Any information required to be submitted to the Secretary, a State fishery management agency, or a Marine Fisheries Commission under the Act shall be provided to the Assistant Administrator. (ii) Any observer information collected under the Act shall be provided to the Assistant Administrator. (iii) Appropriate safeguards as specified by NOAA Administrative Order (NAO) 216-100 or other NOAA/NMFS internal procedures, apply to the collection and maintenance of any information collected pursuant to paragraphs (b)(1) or (b)(2) of this section, whether separated from identifying particulars or not, so as to ensure their confidentiality. Information submitted to the Secretary in compliance with this subpart shall not be disclosed except as authorized herein or by other law or regulation. (2) Collection agreements with States or Marine Fisheries Commissions. (i) The Assistant Administrator may enter into an agreement with a State or a Marine Fisheries Commission authorizing the State or Marine Fisheries Commission to collect information on behalf of the Secretary. (ii) To enter into a cooperative collection agreement with a State or a Marine Fisheries Commission, NMFS must ensure that: (A) The State has authority to protect the information from disclosure in a manner at least as protective as these regulations. (B) The Marine Fisheries Commission has enacted policies and procedures to protect the information from public disclosure. (3) Collection services by observer employer/observer provider. The Assistant Administrator shall make the following determinations before issuing a permit or letting a contract or grant to an organization that provides observer services: (i) That the observer employer/observer provider has enacted policie… | ||||
| 50:50:11.0.2.9.1.15.1.12 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | O | Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species | § 300.221 Facilitation of enforcement and inspection. | NOAA | [75 FR 3354, Jan. 21, 2010] | In addition to the facilitation of enforcement provisions of § 300.5, the following requirements apply to this subpart. (a) A fishing vessel of the United States with a WCPFC Area Endorsement or for which a WCPFC Area Endorsement is required, including the vessel's operator and each member of the vessel's crew shall, when in the Convention Area, be subject to the following requirements: (1) The Federal Certificate of Documentation or State or other documentation for the vessel, or a copy thereof, shall be carried on board the vessel. Any license, permit or other authorization to use the vessel to fish, retain fish, transship fish, or land fish issued by a nation or political entity other than the United States, or a copy thereof, shall be carried on board the vessel. These documents shall be made available for inspection by any authorized officer. If the vessel is on the high seas, the above-mentioned licenses, permits, and authorizations shall also be made available for inspection by any WCPFC inspector. If the vessel is in an area under the jurisdiction of a member of the Commission other than the United States, they shall be made available for inspection by any authorized enforcement official of that member. (2) For the purpose of facilitating communication with the fisheries management, surveillance and enforcement authorities of the members of the Commission, the operator shall ensure the continuous monitoring of the international safety and calling radio frequency 156.8 MHz (Channel 16, VHF-FM) and, if the vessel is equipped to do so, the international distress and calling radio frequency 2.182 MHz (HF). (3) The operator shall ensure that an up-to-date copy of the International Code of Signals (INTERCO) is on board and accessible at all times. (4) When engaged in transshipment on the high seas or in an area under the jurisdiction of a member of the Commission other than the United States, the operator and crew shall: (i) Provide any WCPFC transshipment monitor with full access to, and use of, faciliti… | ||||
| 50:50:11.0.2.9.1.15.1.13 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | O | Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species | § 300.222 Prohibitions. | NOAA | [74 FR 38554, Aug. 4, 2009, as amended at 74 FR 64010, Dec. 7, 2009; 75 FR 3355, Jan. 21, 2010; 77 FR 51714, Aug. 27, 2012; 77 FR 71512, Dec. 3, 2012; 79 FR 71331, Dec. 2, 2014; 80 FR 8815, Feb. 19, 2015; 80 FR 59048, Oct. 1, 2015; 81 FR 41250, June 24, 2016; 83 FR 33869, July 18, 2018; 86 FR 31181, June 11, 2021; 86 FR 35659, July 7, 2021; 88 FR 30678, May 12, 2023] | In addition to the prohibitions in § 300.4, it is unlawful for any person to: (a) Fail to obtain and have on board a fishing vessel a valid WCPFC Area Endorsement as required in § 300.212. (b) Fail to report a change in the information required in an application for a WCPFC Area Endorsement as required in § 300.212(g). (c) Fail to provide information on vessels and fishing authorizations or fail to report changes in such information as required in § 300.213. (d) Fish for, retain on board, or land fish, including HMS, in areas under the jurisdiction of a nation other than the United States without authorization by such nation to do so, as provided in § 300.214(a)(1) and (b)(1). (e) Operate a fishing vessel in violation of, or fail to ensure the vessel crew complies with, the applicable national laws of a member of the Commission other than the United States, including any laws related to carrying vessel observers or the operation of VMS units, as provided in § 300.214(a)(2) and (b)(2). (f) Fail to carry, allow on board, or assist a WCPFC observer as required in § 300.215. (g) Assault, obstruct, resist, delay, refuse boarding to, intimidate, harass, or interfere with a WCPFC observer, or attempt to do any of the same, or fail to provide a WCPFC observer with food, accommodation or medical facilities, as required in § 300.215. (h) Offload, receive, or load fish from a purse seine vessel at sea in the Convention Area, in contravention of § 300.216. (i) Fail to mark a fishing vessel or a boat, skiff, or other watercraft on board the fishing vessel as required in § 300.217, or remove, obscure, or obstruct such markings, or attempt to do so. (j) Fail to maintain and report catch and effort information or transshipment information as required in § 300.218. (k) Fail to install, activate, or operate a VMS unit as required in § 300.219(c). (l) In the event of VMS unit failure or interruption, fail to repair or replace a VMS unit, fail to notify the SAC and follow the instructions provided, or otherwise fail to a… | ||||
| 50:50:11.0.2.9.1.15.1.14 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | O | Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species | § 300.223 Purse seine fishing restrictions. | NOAA | [74 FR 38554, Aug. 4, 2009, as amended at 76 FR 82183, Dec. 30, 2011; 77 FR 71513, Dec. 3, 2012; 78 FR 30778, May 23, 2013; 80 FR 8815, Feb. 19, 2015; 80 FR 29223, May 21, 2015; 80 FR 51480, Aug. 25, 2015; 80 FR 59048, Oct. 1, 2015; 81 FR 41250, June 24, 2016; 83 FR 33869, July 18, 2018; 84 FR 37148, July 31, 2019; 85 FR 37390, June 22, 2020; 86 FR 31181, June 11, 2021; 88 FR 30678, May 12, 2023; 89 FR 70124, Aug. 29, 2024] | None of the requirements of this section apply in the territorial seas or archipelagic waters of the United States or any other nation, as defined by the domestic laws and regulations of that nation and recognized by the United States, or within the Overlap Area. All dates used in this section are in Universal Coordinated Time, also known as UTC; for example: The year 2013 starts at 00:00 on January 1, 2013 UTC and ends at 24:00 on December 31, 2013 UTC; and July 1, 2013, begins at 00:00 UTC and ends at 24:00 UTC. (a) Fishing effort limits. This paragraph establishes limits on the number of fishing days that fishing vessels of the United States equipped with purse seine gear may operate in the Convention Area in the area between 20° N latitude and 20° S latitude in a calendar year. (1) For calendar year 2019, there is a limit of 1,616 fishing days in the ELAPS. (2) Beginning in 2020, there is a limit of 1,828 fishing days in the ELAPS per calendar year. (3) NMFS will determine the number of fishing days spent in the ELAPS in each calendar year using data submitted in logbooks and other available information. After NMFS determines that a limit in a calendar year is expected to be reached by a specific future date, and at least seven calendar days in advance of the closure date, NMFS will publish a document in the Federal Register announcing that the purse seine fishery in the area where the limit is expected to be reached will be closed starting on that specific future date and will remain closed until the end of the calendar year. (4) Once a fishery closure is announced pursuant to paragraph (a)(3) of this section, fishing vessels of the United States equipped with purse seine gear may not be used to fish in the closed area during the period specified in the Federal Register document, except that such vessels are not prohibited from bunkering during a fishery closure. (b) Use of fish aggregating devices. (1) During the periods and in the areas specified in paragraph (b)(2) of this section, owners, o… | ||||
| 50:50:11.0.2.9.1.15.1.15 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | O | Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species | § 300.224 Longline fishing restrictions. | NOAA | [78 FR 58246, Sept. 23, 2013, as amended at 79 FR 64111, Oct. 28, 2014; 80 FR 43636, July 23, 2015; 81 FR 41251, June 24, 2016; 83 FR 33870, July 18, 2018; 85 FR 37390, June 22, 2020; 89 FR 63843, Aug. 6, 2024] | None of the requirements of this section apply in the Overlap Area. (a) Establishment of bigeye tuna catch limits. (1) There is a limit of 6,554 metric tons of bigeye tuna per calendar year that may be captured in the Convention Area by longline gear and retained on board by fishing vessels of the United States. (2) [Reserved] (b) Exception for bigeye tuna landed in territories. Except as provided in paragraphs (c) and (d), bigeye tuna landed in American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands will be attributed to the longline fishery of the territory in which it is landed and will not be counted against the limit established under paragraph (a) of this section, provided that: (1) The bigeye tuna were not caught in the portion of the EEZ surrounding the Hawaiian Archipelago; and (2) The bigeye tuna were landed by a fishing vessel operated in compliance with a valid permit issued under § 660.707 or § 665.801 of this title. (c) Exception for bigeye tuna caught by vessels with American Samoa Longline Limited Access Permits. Except as provided in paragraph (d), bigeye tuna caught by a vessel registered for use under a valid American Samoa Longline Limited Access Permit issued under § 665.801(c) of this title will be attributed to the longline fishery of American Samoa and will not be counted against the limit established under paragraph (a) of this section, provided that: (1) The bigeye tuna were not caught in the portion of the EEZ surrounding the Hawaiian Archipelago; and (2) The bigeye tuna were landed by a fishing vessel operated in compliance with a valid permit issued under § 660.707 or § 665.801 of this title. (d) Exception for bigeye tuna caught by vessels included in specified fishing agreements under § 665.819(c) of this title. Bigeye tuna caught by a vessel that is included in a specified fishing agreement under § 665.819(c) of this title will be attributed to the longline fishery of American Samoa, Guam, or the Northern Mariana Islands, according to the terms of … | ||||
| 50:50:11.0.2.9.1.15.1.16 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | O | Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species | § 300.225 Eastern High Seas Special Management Area. | NOAA | [83 FR 33870, July 18, 2018] | The owner and operator of a fishing vessel of the United States used for commercial fishing for HMS is prohibited from engaging in transshipment in the Eastern High Seas Special Management Area. | ||||
| 50:50:11.0.2.9.1.15.1.17 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | O | Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species | § 300.226 Oceanic whitetip shark and silky shark. | NOAA | [80 FR 8816, Feb. 19, 2015, as amended at 85 FR 37390, June 22, 2020; 88 FR 30678, May 12, 2023] | None of the requirements of this section apply in the Overlap Area. (a) The crew, operator, and owner and operator of a fishing vessel of the United States used for commercial fishing for HMS cannot retain on board, transship, store, or land any part or whole carcass of an oceanic whitetip shark ( Carcharhinus longimanus) or silky shark ( Carcharhinus falciformis ) that is caught in the Convention Area unless subject to the provisions of paragraph (c) or (e) of this section. (b) The crew, operator, and owner and operator of a fishing vessel of the United States used for commercial fishing for HMS must release any oceanic whitetip shark or silky shark that is caught in the Convention Area as soon as possible after the shark is caught and brought alongside the vessel, and take reasonable steps for its safe release, without compromising the safety of any persons, unless subject to the provisions of paragraph (c) or (e) of this section. (c) Paragraphs (a) and (b) of this section do not apply in the event that a WCPFC observer collects, or requests the assistance of the vessel crew, operator, or owner in the observer's collection of, samples of oceanic whitetip shark or silky shark in the Convention Area. (d) The crew, operator, and owner of a fishing vessel of the United States used for commercial fishing for HMS in the Convention Area must allow and assist a WCPFC observer to collect samples of oceanic whitetip shark or silky shark in the Convention Area, if requested to do so by the WCPFC observer. (e) Paragraphs (a) and (b) of this section do not apply in the event that any oceanic whitetip shark or silky shark is not seen by the crew, operator, or owner of a purse seine vessel, or any WCPFC observer on board that vessel, prior to being delivered into the vessel hold and frozen. In such a case, oceanic whitetip shark or silky shark could be stored and landed, but the vessel owner or operator must notify the on-board observer and surrender the whole shark to the responsible government authorities or discard t… | ||||
| 50:50:11.0.2.9.1.15.1.18 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | O | Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species | § 300.227 Framework for catch and fishing effort limits. | NOAA | [80 FR 59048, Oct. 1, 2015] | (a) General. To implement conservation and management measures adopted by the Commission, the Pacific Islands Regional Administrator may specify limits on catch or fishing effort by fishing vessels of the United States in the Convention Area, and other fishing-related restrictions and requirements (collectively called “limits”). The limits will be specified as may be necessary to carry out the international obligations of the United States under the WCPF Convention and the Act, and will be designed to implement particular provisions of Commission-adopted conservation and management measures. For each specified limit, the Pacific Islands Regional Administrator will specify the area and period in which it applies, and as appropriate, the vessel types, gear types, species, fish sizes, and any other relevant attributes to which it applies. In addition to quantitative limits on catches and fishing effort, the Pacific Islands Regional Administrator may specify areas or periods in which particular fishing activities are restricted or prohibited, and other fishing-related requirements. For each specified quantitative limit, the Pacific Islands Regional Administrator will also specify the prohibitions and requirements that would go into effect after the limit is reached and the applicable dates of those prohibitions. (b) Application in territorial seas and archipelagic waters. Unless stated otherwise in particular specifications, the limits specified under the framework shall not apply in the territorial seas or archipelagic waters of the United States or any other nation, as defined by the domestic laws and regulations of that nation and recognized by the United States. (c) Types of limits. The types of limits that may be specified under this section include, but are not limited to: (1) Limits on the weight or number of fish or other living marine resources of specific types and/or sizes that may be caught, retained, transshipped, landed, and/or sold; (2) Limits on the amount of fishing effort that may be expen… | ||||
| 50:50:11.0.2.9.1.15.1.19 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | O | Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species | § 300.228 Framework to implement emergency decisions. | NOAA | [86 FR 31181, June 11, 2021, at amended at 87 FR 34586, June 7, 2022] | (a) General. To implement short-notice Commission decisions, including intersessional decisions, that address relevant global or regional health, safety, and security concerns, as well as other international emergencies and crises, the Pacific Islands Regional Administrator may, by temporary specification, modify or suspend regulations in this subpart for a period less than one year. A temporary specification under this paragraph (a) will remain in effect no longer than 30 days after the expiration of the underlying Commission decision. (b) Procedures for regulatory modification s or suspensions. The Pacific Islands Regional Administrator will publish in the Federal Register each temporary specification issued under paragraph (a) of this section. The temporary specification will identify the basis for the modification or suspension ( i.e., a description of the Commission decision), the changes to the regulations, and the duration of the changes. (c) Procedures for revoking regulatory modifications or suspensions. The Pacific Islands Regional Administrator may revoke any temporary specification issued under paragraph (a) of this section by notification published in the Federal Register . (d) Limitations on regulatory modifications or suspensions. Temporary specifications issued under paragraph (a) of this section shall be limited to the following: (1) Modifications or suspensions of the purse seine observer coverage requirements at § 300.223(e), including the Pacific Islands Regional Administrator's suspension of some or all of the requirements on a fleet-wide or individual vessel basis, requiring the carrying of observers other than WCPFC observers, requirements to carry electronic monitoring devices in lieu of observers, and requirements to collect and submit photographic or written information; (2) Modifications or suspensions of the regulations at § 300.216(b)(1) prohibiting at-sea transshipment for purse seine vessels, including suspensions of some or all of the prohibitions, prior notificat… | ||||
| 50:50:11.0.2.9.1.15.1.2 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | O | Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species | § 300.211 Definitions. | NOAA | [72 FR 18405, Apr. 12, 2007, as amended at 74 FR 64010, Dec. 7, 2009; 75 FR 3347, Jan. 21, 2010; 77 FR 71509, Dec. 3, 2012; 78 FR 30778, May 23, 2013; 79 FR 64110, Oct. 28, 2014; 80 FR 8815, Feb. 19, 2015; 80 FR 59047, Oct. 1, 2015; 83 FR 33869, July 18, 2018; 85 FR 37388, June 22, 2020] | In addition to the terms defined in § 300.2 and those in the Act and in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, with Annexes (WCPF Convention), which was adopted at Honolulu, Hawaii, on September 5, 2000, by the Multilateral High-Level Conference on Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, the terms used in this subpart have the following meanings. 1982 Convention means the United Nations Convention on the Law of the Sea of 10 December 1982. Active FAD is a FAD that is equipped with a buoy with a clearly marked reference number allowing its identification and equipped with a satellite tracking system to monitor its position. Aggregate or summary form means information structured in such a way which does not directly or indirectly disclose the identity or business of any person who submits such information. Areas under the national jurisdiction of the Parties to the Nauru Agreement means the exclusive economic zones of the Parties to the Nauru Agreement. Commercial, with respect to commercial fishing, means fishing in which the fish harvested, either in whole or in part, are intended to enter commerce through sale, barter or trade. Commission means the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean established in accordance with the WCPF Convention, including its employees and contractors. Confidential information means any observer information or any information submitted to the Secretary, a State fishery management agency, or a Marine Fisheries Commission by any person in compliance with any requirement or regulation under the Act or under the Magnuson-Stevens Fishery Conservation and Management Act. Conservation and management measure means those conservation and management measures adopted by the Commission pursuant to Article 10 of the WCPF Convention. Convention Area means all waters of the Pacific Ocean bo… | ||||
| 50:50:11.0.2.9.1.15.1.20 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | O | Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species | § 300.229 Mobulid ray restrictions. | NOAA | [88 FR 30679, May 12, 2023] | The requirements of this section apply in all exclusive economic zones and all areas of high seas in the Convention Area, excluding the Overlap Area. For the purpose of this section, mobulid ray is defined as any ray in the family Mobulidae, which includes manta rays and devil rays ( Mobula spp. ). (a) The owner and operator of a fishing vessel of the United States used for commercial fishing for HMS cannot set or attempt to set on or around a mobulid ray if the animal is sighted at any time prior to the commencement of the set or the attempted set. (b) The owner and operator of a fishing vessel of the United States used for commercial fishing for HMS cannot retain on board, transship, store, or land any part or whole carcass of a mobulid ray, unless subject to the provisions of paragraphs (d), (e) and (f) of this section. (c) The owner and operator of a fishing vessel of the United States used for commercial fishing for HMS must release any mobulid ray, as soon as possible, and must ensure that all reasonable steps are taken to ensure its safe release, without compromising the safety of any persons, unless subject to the provisions of paragraphs (d), (e) and (f) of this section. (d) Paragraphs (b) and (c) of this section do not apply in the event that a WCPFC observer collects, or requests the assistance of the vessel crew, operator, or owner in the collection of, samples of a mobulid ray in the Convention Area. (e) The crew, operator, and owner of a vessel must allow and assist a WCPFC observer to collect samples of a mobulid ray in the Convention Area, if requested to do so by a WCPFC observer. (f) Paragraphs (b) and (c) of this section do not apply in the event that a mobulid ray is not seen by the crew, operator, or owner of a purse seine vessel, or any WCPFC observer on board that vessel, prior to being delivered into the vessel hold and frozen. In such a case, a mobulid ray could be stored and landed, but the vessel owner or operator must notify the on-board observer and surrender the whole ray to th… | ||||
| 50:50:11.0.2.9.1.15.1.21 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | O | Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species | § 300.230 Shark handling and release. | NOAA | [88 FR 30679, May 12, 2023] | (a) The requirements of paragraph (b) of this section apply to all fishing vessels of the United States used for commercial fishing for HMS. The requirements apply in all exclusive economic zones and all areas of high seas in the Convention Area, excluding the Overlap Area. The requirements apply only if there is a WCPFC observer or camera monitoring device on board the fishing vessel. (b) Prior to releasing any shark that is caught during fishing operations and not brought on board the fishing vessel, the owner and operator, without compromising the safety of any persons, shall ensure that the shark is brought alongside the vessel for identification purposes. | ||||
| 50:50:11.0.2.9.1.15.1.3 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | O | Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species | § 300.212 Vessel permit endorsements. | NOAA | [75 FR 3349, Jan. 21, 2010] | (a) Any fishing vessel of the United States used for commercial fishing for HMS on the high seas in the Convention Area must have on board a valid high seas fishing permit, or a copy thereof, that has a valid WCPFC Area Endorsement, or a copy thereof. (b) Eligibility. Only a fishing vessel that has a valid high seas fishing permit is eligible to receive a WCPFC Area Endorsement. (c) Application. (1) A WCPFC Area Endorsement may be applied for at the same time the underlying high seas permit is applied for, or at any time thereafter. (2) The owner or operator of a high seas fishing vessel may apply for a WCPFC Area Endorsement by completing an application form, available from the Pacific Islands Regional Administrator, and submitting the complete and accurate application, signed by the applicant, to the Pacific Islands Regional Administrator, along with the required fees. (3) The application must be accompanied by a bow-to-stern side-view photograph of the vessel in its current form and appearance. The photograph must meet the specifications prescribed on the application form and clearly show that the vessel is marked in accordance with the vessel identification requirements of § 300.217. (d) Fees. NMFS will charge a fee to recover the administrative expenses of issuance of a WCPFC Area Endorsement. The amount of the fee will be determined in accordance with the procedures of the NOAA Finance Handbook, available from the Pacific Islands Regional Administrator, for determining administrative costs of each special product or service. The fee is specified in the application form. The appropriate fee must accompany each application. Failure to pay the fee will preclude issuance of the WCPFC Area Endorsement. Payment by a commercial instrument later determined to be insufficiently funded is grounds for invalidating the WCPFC Area Endorsement. (e) Issuance. (1) The Pacific Islands Regional Administrator will issue a WCPFC Area Endorsement within 30 days of receipt of a complete application that meets the r… | ||||
| 50:50:11.0.2.9.1.15.1.4 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | O | Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species | § 300.213 Vessel information. | NOAA | [75 FR 3349, Jan. 21, 2010] | (a) The owner or operator of any fishing vessel of the United States that is used for fishing for HMS in the Convention Area in waters under the jurisdiction of any nation other than the United States must, prior to the commencement of such fishing, submit to the Pacific Islands Regional Administrator information about the vessel and its ownership and operation, and the authorized fishing activities, including copies of any permits, licenses, or authorizations issued for such activities, as specified on forms available from the Pacific Islands Regional Administrator. The owner or operator of such a fishing vessel must also submit to the Pacific Islands Regional Administrator a bow-to-stern side-view photograph of the vessel in its current form and appearance, and the photograph must meet the specifications prescribed on the application form. If any of the submitted information changes, the vessel owner or operator must report the updated information to the Pacific Islands Regional Administrator in writing within 15 days of the change. (b) If any of the information or the vessel photograph required under paragraph (a) of this section has been submitted for the subject vessel on an application for a high seas fishing permit or an application for a WCPFC Area Endorsement, then the requirements of paragraph (a) of this section will be deemed satisfied. However, in order to satisfy this requirement, the high seas fishing permit or WCPFC Area Endorsement must be valid, the information provided must be true, accurate and complete, and in the case of a vessel photograph, it must meet the specifications prescribed on the form used for the purpose of submitting the photograph under this section. | ||||
| 50:50:11.0.2.9.1.15.1.5 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | O | Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species | § 300.214 Compliance with laws of other nations. | NOAA | [75 FR 3349, Jan. 21, 2010] | (a) The owner and operator of a fishing vessel of the United States with a WCPFC Area Endorsement or for which a WCPFC Area Endorsement is required: (1) May not use the vessel for fishing, retaining fish on board, or landing fish in areas under the jurisdiction of a nation other than the United States unless any license, permit, or other authorization that may be required by such other nation for such activity has been issued with respect to the vessel. (2) Shall, when the vessel is in the Convention Area in areas under the jurisdiction of a member of the Commission other than the United States, operate the vessel in compliance with, and ensure its crew complies with, the applicable national laws of such member. (b) The owner and operator of a fishing vessel of the United States shall ensure that: (1) The vessel is not used for fishing for HMS, retaining HMS on board, or landing HMS in the Convention Area in areas under the jurisdiction of a nation other than the United States unless any license, permit, or other authorization that may be required by such other nation for such activity has been issued with respect to the vessel. (2) If the vessel is used for commercial fishing for HMS, including transshipment of HMS, in the Convention Area in areas under the jurisdiction of a member of the Commission other than the United States, the vessel is operated in compliance with, and the vessel crew complies with, the applicable laws of such member, including any laws related to carrying vessel observers or the operation of VMS units. (c) For the purpose of this section, the meaning of transshipment does not include transfers that exclusively involve fish that have been previously landed and processed. | ||||
| 50:50:11.0.2.9.1.15.1.6 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | O | Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species | § 300.215 Observers. | NOAA | [77 FR 71509, Dec. 3, 2012, as amended at 85 FR 37388, June 22, 2020; 86 FR 31180, June 11, 2021; 86 FR 35658, July 7, 2021] | (a) Applicability. This section applies to the following categories of fishing vessels: (1) Any fishing vessel of the United States with a WCPFC Area Endorsement. (2) Any fishing vessel of the United States for which a WCPFC Area Endorsement is required. (3) Any fishing vessel of the United States used for commercial fishing that receives or offloads in the Convention Area a transshipment of HMS at sea. (b) Notifications. (1) If a fishing vessel of the United States used for commercial fishing for HMS in the Convention Area intends to conduct transshipments at sea, the owner or operator of that fishing vessel is required to carry a WCPFC observer under paragraph (d) of this section during the fishing trip and shall notify the Pacific Islands Regional Administrator of the need for a WCPFC observer at least 72 hours (exclusive of weekends and Federal holidays) before the vessel leaves port on the fishing trip. The notice shall be provided to the Observer Placement Contact specified by the Pacific Islands Regional Administrator and must include the official number of the vessel, the name of the vessel, the intended departure date, time, and location, the name of the operator of the vessel, and a telephone number at which the owner, operator, or a designated agent may be contacted during the business day (8 a.m. to 5 p.m. Hawaii Standard Time). If applicable, this notice may be provided in conjunction with the notice required under § 665.803(a) of this title. (2) In order to obtain a WCPFC observer on a fishing trip departing from American Samoa, the owner or operator of a fishing vessel of the United States equipped with purse seine gear shall provide the Pacific Islands Regional Administrator with the following information before departure on the fishing trip, at least five days (exclusive of weekends and Federal holidays) before the owner or operator of the fishing vessel's intended departure: The name of the vessel; name of the operator of the vessel; a telephone number or email at which the owner or ope… | ||||
| 50:50:11.0.2.9.1.15.1.7 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | O | Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species | § 300.216 Transshipping, bunkering and net sharing. | NOAA | [77 FR 71510, Dec. 3, 2012, as amended at 85 FR 37389, June 22, 2020; 86 FR 31180, June 11, 2021] | (a) Transshipment monitoring. [Reserved] (b) Restrictions on transshipping and bunkering —(1) Restrictions on transshipments involving purse seine fishing vessels. (i) Fish may not be transshipped from a fishing vessel of the United States equipped with purse seine gear at sea in the Convention Area, and a fishing vessel of the United States may not be used to receive a transshipment of fish from a fishing vessel equipped with purse seine gear at sea in the Convention Area. (ii) Fish caught in the Convention Area may not be transshipped from a fishing vessel of the United States equipped with purse seine gear at sea, and a fishing vessel of the United States may not be used to receive a transshipment of fish caught in the Convention Area from a fishing vessel equipped with purse seine gear at sea. (iii) The restrictions in paragraphs (b)(1)(i) and (ii) of this section shall not apply to transshipments that are subject to a modification or suspension issued by the Pacific Islands Regional Administrator and published in the Federal Register under § 300.228. (2) Restrictions on at-sea transshipments. This paragraph (b)(2) does not apply to transshipments meeting any of the following conditions: The transshipment is subject to a modification or suspension issued by the Pacific Islands Regional Administrator and published in the Federal Register under § 300.228; the transshipment takes place entirely within the territorial seas or archipelagic waters of any nation, as defined by the domestic laws and regulations of that nation and recognized by the United States, and only includes fish caught within such waters; or, the transshipment takes place entirely within the Overlap Area, and only includes fish caught within such waters. (i) The owner and operator of a fishing vessel of the United States used for commercial fishing that offloads or receives a transshipment of HMS at sea in the Convention Area must ensure that a WCPFC observer is on board at least one of the vessels involved in the transshipment … | ||||
| 50:50:11.0.2.9.1.15.1.8 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | O | Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species | § 300.217 Vessel identification. | NOAA | [75 FR 3350, Jan. 21, 2010, as amended at 76 FR 73520, Nov. 29, 2011; 80 FR 59047, Oct. 1, 2015; 83 FR 33869, July 18, 2018; 88 FR 30678, May 12, 2023] | (a) General. (1) A fishing vessel must be marked in accordance with the requirements of this section in order for a WCPFC Area Endorsement to be issued for the fishing vessel. (2) Any fishing vessel of the United States with a WCPFC Area Endorsement or for which a WCPFC Area Endorsement is required shall be marked for identification purposes in accordance with this section, and all parts of such markings shall be clear, distinct, uncovered, and unobstructed. (3) Any boat, skiff, or other watercraft carried on board the fishing vessel shall be marked with the same identification markings as required under this section for the fishing vessel and shall be marked in accordance with this section. (b) Marking. (1) Vessels shall be marked in accordance with the identification requirements of § 300.336(b)(2), and if an IRCS has not been assigned to the vessel, then the Federal, State, or other documentation number used in lieu of the IRCS must be preceded by the characters “USA” and a hyphen (that is, “USA-”). (2) With the exception of the vessel's name and hailing port, the marking required in this section shall be the only vessel identification mark consisting of letters and numbers to be displayed on the hull and superstructure. (c) IMO numbers. (1) For the purpose of this section, an IMO number is the unique number issued for a vessel under the ship identification number scheme established by the International Maritime Organization or, for vessels that are not strictly subject to that scheme, the unique number issued by the administrator of that scheme using the scheme's numbering format, sometimes known as a Lloyd's Register number or LR number. (2) The owner of a fishing vessel of the United States used for commercial fishing for HMS in the Convention Area, either on the high seas or in waters under the jurisdiction of any nation other than the United States, shall request and obtain an IMO number for the vessel if the gross tonnage of the vessel, as indicated on the vessel's current Certificate of Docu… | ||||
| 50:50:11.0.2.9.1.15.1.9 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | O | Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species | § 300.218 Reporting and recordkeeping requirements. | NOAA | [75 FR 3350, Jan. 21, 2010, as amended at 77 FR 71511, Dec. 3, 2012; 79 FR 77943, Dec. 29, 2014; 80 FR 8815, Feb. 19, 2015; 80 FR 59048, Oct. 1, 2015; 83 FR 33869, July 18, 2018; 85 FR 37389, June 22, 2020] | (a) Fishing reports —(1) General. The owner or operator of any fishing vessel of the United States used for commercial fishing for HMS in the Pacific Ocean must maintain and report to NMFS catch and effort and other operational information for all such fishing activities. The reports must include at a minimum: identification information for the vessel; description of fishing gear used; dates, times and locations of fishing; and species and amounts of fish retained and discarded. (2) Reporting options. Vessel owners and operators shall be deemed to meet the recordkeeping and reporting requirements of paragraph (a)(1) of this section by satisfying all applicable catch and effort reporting requirements as listed below: (i) Western Pacific pelagic fisheries. Fishing activities subject to the reporting requirements of § 665.14 of this title must be maintained and reported in the manner specified in that section. (ii) West Coast HMS fisheries. Fishing activities subject to the reporting requirements of § 660.708(a) of this title must be maintained and reported in the manner specified in that section. (iii) Pacific tuna fisheries. Fishing activities subject to the reporting requirements of § 300.22 must be maintained and reported in the manner specified in that section. (iv) South Pacific tuna fisheries. Fishing activities subject to the reporting requirements of § 300.34(c)(1) must be maintained and reported in the manner specified in that section. (v) High seas fisheries. Fishing activities subject to the reporting requirements of § 300.341 must be maintained and reported in the manner specified in § 300.341(a). (vi) Canada albacore fisheries. Fishing activities subject to the reporting requirements of § 300.174 must be maintained and reported in the manner specified in that section. (vii) State-regulated fisheries. Catch and effort information for fishing activities for which reporting of effort, catch, and/or landings is required under State law must be maintained and reported in the manne… | ||||
| 50:50:11.0.2.9.1.16.1.1 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | P | Subpart P—Vessels on IUU Vessel Lists | § 300.300 Purpose and scope. | NOAA | (a) This subpart implements internationally-adopted measures pertaining to foreign vessels determined to have engaged in illegal, unreported, and unregulated (IUU) fishing and placed on IUU vessel lists of the: (1) International Commission for the Conservation of Atlantic Tunas (ICCAT), (2) Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), (3) Northwest Atlantic Fisheries Organization (NAFO), (4) Western and Central Pacific Fisheries Commission (WCPFC), (5) Inter-American Tropical Tuna Commission (IATTC), and (6) Parties to the Agreement on the International Dolphin Conservation Program (AIDCP). (b) For purposes of this subpart, the above organizations are referred to as regional fishery management organizations (RFMOs). Each of these RFMOs adopts or approves an IUU vessel list in accordance with their respective rules and procedures. The lists are publicly available at each RFMO's Web site. The regulations in this subpart apply to all persons subject to the jurisdiction of the United States, wherever they are. | |||||
| 50:50:11.0.2.9.1.16.1.2 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | P | Subpart P—Vessels on IUU Vessel Lists | § 300.301 Definitions. | NOAA | In addition to the terms defined in § 300.2, the terms used in this subpart have the following meanings. Landing means to begin to offload fish, or to offload fish from any vessel. Listed IUU Vessel means a vessel that is included on a final IUU vessel list adopted or approved by an RFMO to which the United States is a party. Processing means the preparation or packaging of fish to render it suitable for human consumption, retail sale, industrial uses or long-term storage, including, but not limited to, cooking, canning, smoking, salting, drying, filleting, freezing, or rendering into meal or oil. Transshipping means the offloading, unloading, or transferring of fish or fish products from one vessel to another. | |||||
| 50:50:11.0.2.9.1.16.1.3 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | P | Subpart P—Vessels on IUU Vessel Lists | § 300.302 Port entry by foreign, listed IUU vessels. | NOAA | The Assistant Administrator may, in accordance with applicable provisions of RFMO conservation and management measures, deny a foreign, listed IUU vessel entry to any port or place subject to the jurisdiction of the United States, except in cases of force majeure. | |||||
| 50:50:11.0.2.9.1.16.1.4 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | P | Subpart P—Vessels on IUU Vessel Lists | § 300.303 Port access by foreign, listed IUU vessels. | NOAA | If a foreign, listed IUU vessel is allowed to enter a port or place subject to the jurisdiction of the United States, the Assistant Administrator may, in accordance with applicable provisions of RFMO conservation and management measures, take one or more of the following actions: (a) Inspect the vessel; (b) Deny the vessel access to port services, including but not limited to refueling, resupplying, or disembarking or embarking of crew; or (c) Prohibit the vessel from engaging in commercial transactions including, but not limited to, transshipping or landing product. | |||||
| 50:50:11.0.2.9.1.16.1.5 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | P | Subpart P—Vessels on IUU Vessel Lists | § 300.304 Prohibitions. | NOAA | (a) It is unlawful for a foreign, listed IUU vessel denied entry under § 300.302 to enter any port or place subject to the jurisdiction of the United States. (b) It is unlawful for any foreign, listed IUU vessel to obtain port services or engage in commercial transactions, or attempt to obtain such services or engage in such transactions, if such activities have been denied or prohibited under § 300.303(b) and/or § 300.303(c), or if the vessel has been denied entry under § 300.302. (c) It is unlawful for any person, without prior authorization from the Assistant Administrator, to engage in commercial transactions with listed IUU vessels. Such transactions include, but are not limited to: (1) Transshipment; (2) Processing fish harvested or landed by a listed IUU vessel or processing fish using a listed IUU vessel; (3) Joint fishing operations; (4) Providing supplies, fuel, crew, or otherwise supporting a listed IUU vessel; or (5) Chartering or entering in a chartering arrangement with a listed IUU vessel. (d) The prohibitions listed in § 300.304(c) shall not apply when the Assistant Administrator has authorized a listed IUU vessel to access such port services or engage in such commercial transactions, in accordance with applicable provisions of RFMO conservation and management measures, including in cases of force majeure and where the Assistant Administrator has determined that such services are essential to the safety, health, and welfare of the crew. | |||||
| 50:50:11.0.2.9.1.17.1.1 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | Q | Subpart Q—International Trade Documentation and Tracking Programs | § 300.320 Purpose and scope. | NOAA | The regulations in this subpart are issued under the authority of the Atlantic Tunas Convention Act of 1975 (ATCA), the Magnuson-Stevens Fishery Conservation and Management Act, the Tuna Conventions Act of 1950, and the Antarctic Marine Living Resources Convention Act of 1984. These regulations implement the applicable recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT) for the conservation and management of tuna and tuna-like species in the Atlantic Ocean, the Inter-American Tropical Tuna Commission (IATTC) for the conservation and management of highly migratory fish resources in the eastern Pacific Ocean, and the Commission for the Conservation of Antarctic Marine Living Resources so far as they affect vessels and persons subject to the jurisdiction of the United States. These regulations are also issued under the Marine Mammal Protection Act of 1972, the Dolphin Protection Consumer Information Act and the Security and Accountability for Every Port Act of 2006. The requirements in this subpart may be incorporated by reference in other regulations under this title. | |||||
| 50:50:11.0.2.9.1.17.1.2 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | Q | Subpart Q—International Trade Documentation and Tracking Programs | § 300.321 Definitions. | NOAA | [81 FR 51137, Aug. 3, 2016, as amended at 81 FR 88996, Dec. 9, 2016] | ACE Implementation Guide for NMFS means the data set and document imaging requirements set forth in the Appendices to the Customs and Trade Automated Interface Requirements issued by Customs and Border Protection. Aggregated Harvest Report means a record made at a single collection point on a single calendar day for aggregated catches by multiple small-scale fishing vessels (20 measured gross tons or less or 12 meters length overall or less) offloaded at that collection point on that day, or for a landing by a vessel to which the catches of one or more small-scale vessels were transferred at sea. An Aggregated Harvest Report also means a record made at a single collection point or processing facility on a single calendar day for aggregated deliveries from multiple small-scale aquaculture facilities, where each aquaculture facility delivers 1,000 kg or less to that collection point or processing facility on that day. An Aggregated Harvest Report may not be used for information for catches from vessels greater than 20 measured gross tons or 12 meters length overall, and deliveries of more than 1000 kg from aquaculture facilities. AMLR trade program means the program for monitoring trade in Antarctic marine living resources including, inter alia, Dissostichus species as set forth in subpart G of this part. Automated Commercial Environment (ACE) means, for purposes of this subpart, the central point through which import shipment data required by multiple agencies is filed electronically to Customs and Border Protection (CBP). Automated Export System (AES) means, for purposes of this subpart, the central point through which export shipment data required by multiple agencies is filed electronically to Customs and Border Protection (CBP). Catch and Statistical Document/Documentation means a document or documentation, in paper or electronic form, accompanying regulated seafood imports and exports that is submitted by importers and exporters to document compliance with TTVP, AMLR trade program, and HMS ITP trad… | ||||
| 50:50:11.0.2.9.1.17.1.3 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | Q | Subpart Q—International Trade Documentation and Tracking Programs | § 300.322 International Fisheries Trade Permit. | NOAA | (a) General. Any person, including a resident agent for a nonresident corporation (see 19 CFR 141.18), who imports as defined in § 300.321, exports, or re-exports fish or fish products regulated under this sub-part from any ocean area, must possess a valid International Fisheries Trade Permit (IFTP) issued under this section. Fish or fish products regulated under this subpart may not be imported into, or exported or re-exported from, the United States unless the IFTP holder files electronically the documentation and the data sets required under this subpart with U.S. Customs and Border Protection (CBP) via ACE at the time of, or in advance of, importation, exportation or re-exportation. If authorized under other regulations under this title or other applicable laws and regulations, a representative or agent of the IFTP holder may make the electronic filings. Only persons resident in the United States are eligible to apply for the IFTP. (b) Application. A person must apply for an IFTP electronically via a Web site designated by NMFS. The application must be submitted electronically with the required permit fee payment, at least 30 days before the date upon which the applicant wishes the permit to be made effective. (c) Issuance. Except as provided in subpart D of 15 CFR part 904, NMFS will issue an IFTP within 30 days of receipt of a completed application. NMFS will notify the applicant of any deficiency in the application, including failure to provide information, documentation or reports required under this subpart. If the applicant fails to correct the deficiency within 30 days following the date of notification, the application will be considered abandoned. (d) Duration. An IFTP issued under this section is valid for a period of one year from the permit effective date. (e) Alteration. Any IFTP that is substantially altered, erased, or mutilated is invalid. (f) Replacement. NMFS may issue replacement permits. An application for a replacement permit is not considered a new application. An approp… | |||||
| 50:50:11.0.2.9.1.17.1.4 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | Q | Subpart Q—International Trade Documentation and Tracking Programs | § 300.323 Reporting and recordkeeping requirements. | NOAA | [81 FR 88997, Dec. 9, 2016] | (a) Reporting. Any person, including a resident agent for a nonresident entity (see 19 CFR 141.18), who imports as defined in § 300.321, exports, or re-exports fish or fish products regulated under this subpart must file all data sets, reports, and documentation as required under the AMLR program, HMS ITP, TTVP and Seafood Traceability Program, and under other regulations that incorporate by reference the requirements of this subpart. For imports, specific instructions for electronic filing are found in Customs and Trade Automated Interface Requirements (CATAIR) Appendix PGA ( https://www.cbp.gov/document/guidance/appendix-pga ). For exports, specific instructions for electronic filing are found in Automated Export System Trade Interface Requirements (AESTIR) Appendix Q ( https://www.cbp.gov/document/guidance/aestir-draft-appendix-q-pga-record-formats ). For fish and fish products regulated under this subpart, an ACE entry filing or AES export filing, as applicable, is required, except in cases where CBP provides alternate means of collecting NMFS-required data and/or document images. (b) Recordkeeping. A paper or electronic copy of all documentation and data sets required under this subpart, and all supporting records upon which an entry filing or export declaration is made, must be maintained by the importer of record or the exporting principal party in interest as applicable, and made available for inspection, at the importer's/exporter's place of business for a period of two years from the date of the import, export or re-export. | ||||
| 50:50:11.0.2.9.1.17.1.5 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | Q | Subpart Q—International Trade Documentation and Tracking Programs | § 300.324 Seafood Traceability Program. | NOAA | [81 FR 88997, Dec. 9, 2016] | This section establishes a Seafood Traceability Program which has data reporting requirements at the time of entry for imported fish or fish products and recordkeeping requirements for fish or fish products entered into U.S. commerce. The data reported and retained will facilitate enforcement of section 307(1)(Q) of the Magnuson-Stevens Act and the exclusion of products from entry into U.S. commerce that are misrepresented or the product of illegal or unreported fishing. The data reporting and recordkeeping requirements under the program enable verification of the supply chain of the product offered for entry back to the harvesting event(s). In addition, the permitting requirements of § 300.322 pertain to importers of products within the scope of the program. (a)(1) For species or species groups subject to this Seafood Traceability Program, data is required to be reported and retained under this program for all fish and fish products, whether fresh, frozen, canned, pouched, or otherwise prepared in a manner that allows, including through label or declaration, the identification of the species contained in the product and the harvesting event. Data is not required to be reported or retained under this program for fish oil, slurry, sauces, sticks, balls, cakes, pudding and other similar fish products for which it is not technically or economically feasible to identify the species of fish comprising the product or the harvesting event(s) contributing to the product in the shipment. (2) The following species or species groups are subject to this Seafood Traceability Program: Atlantic Cod; Pacific Cod; Blue Crab; Red King Crab; Dolphinfish (Mahi Mahi); Grouper; Red Snapper; Sea Cucumber; Sharks; Swordfish; Tunas (Albacore, Bigeye, Skipjack, Yellowfin, and Bluefin). The harmonized tariff schedule (HTS) numbers applicable to these species or species groups are listed in the documents referenced in paragraph (c) of this section. Compliance with the requirements of the Seafood Traceability Program for these species or g… | ||||
| 50:50:11.0.2.9.1.17.1.6 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | Q | Subpart Q—International Trade Documentation and Tracking Programs | § 300.325 Prohibitions. | NOAA | [81 FR 88998, Dec. 9, 2016] | In addition to the prohibitions specified in §§ 300.4, 300.117, and 300.189 and 600.725 and 635.71 of this title, it is unlawful for any person subject to the jurisdiction of the United States to: (a) Violate any provision of this subpart, or the conditions of any IFTP issued under this subpart; (b) Import, export or re-export fish or fish products regulated under this subpart, including imports or exports otherwise eligible for informal filing procedures or the de minimis value exemption from filing requirements under CBP procedures, without a valid IFTP as required under § 300.322 or without submitting complete and accurate information as required under § 300.323; and (c) Import species listed in § 300.324(a) without a valid IFTP or without submitting complete and accurate information as required under § 300.324(b) and (c) or without maintaining for inspection records as required under § 300.324(d) and (e). | ||||
| 50:50:11.0.2.9.1.18.1.1 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | R | Subpart R—High Seas Fisheries | § 300.330 Purpose. | NOAA | This subpart implements the High Seas Fishing Compliance Act of 1995 (Act), which requires the Secretary to license U.S. vessels fishing on the high seas and to ensure that such vessels do not operate in contravention of international conservation and management measures recognized by the United States. | |||||
| 50:50:11.0.2.9.1.18.1.10 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | R | Subpart R—High Seas Fisheries | § 300.339 Transshipment on the high seas. | NOAA | (a) In addition to any other applicable restrictions on transshipment, including those under parts 300 and 635 of this title, the following requirements apply to transshipments, when authorized, taking place on the high seas: (1) The owner or operator of a U.S. vessel receiving or offloading fish on the high seas shall provide a notice by fax or email to the Regional Administrator or the Office Director at least 36 hours prior to any intended transshipment on the high seas with the following information: the vessels offloading and receiving the transshipment (names, official numbers, and vessel types); the location (latitude and longitude to the nearest tenth of a degree) of transshipment; date and time that transshipment is expected to occur; and species, processed state, and quantities (in metric tons) expected to be transshipped. If another requirement for prior notice applies, the more restrictive requirement ( i.e., a requirement for greater advance notice and/or more specific information regarding vessels, location etc.) must be followed. (2) U.S. high seas fishing vessels shall report transshipments on the high seas to the Regional Administrator or Office Director within 15 calendar days after the vessel first enters into port, using the form obtained from the Regional Administrator or Office Director. If there are applicable transshipment reporting requirements in other parts of this title, the more restrictive requirement ( e.g., a reporting requirement of fewer than 15 calendar days) must be followed. (b) [Reserved] | |||||
| 50:50:11.0.2.9.1.18.1.11 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | R | Subpart R—High Seas Fisheries | § 300.340 Prohibitions. | NOAA | In addition to the prohibitions in § 300.4, it is unlawful for any person to: (a) Use a high seas fishing vessel on the high seas in contravention of international conservation and management measures. (b) Fish on the high seas unless the vessel has been issued, and has on board, a valid permit issued under § 300.333(d). (c) Fish on the high seas unless the vessel has been issued, and has on board, valid permits related to the authorized fisheries noted on the high seas fishing permit, as required under § 300.334(b). (d) Operate a high seas fishing vessel on the high seas that is not marked in accordance with § 300.336. (e) With respect to the EMTU, (1) Fail to install, activate, or continuously operate a properly functioning and type-approved EMTU as required in § 300.337; (2) Power-down or power-up the EMTU without following the procedures required in § 300.337; (3) In the event of EMTU failure or interruption, fail to repair or replace an EMTU, fail to notify the appropriate OLE divisional office and follow the instructions provided, or otherwise fail to act as required in § 300.337; (4) Disable, destroy, damage or operate improperly an EMTU installed under § 300.337, attempt to do any of the same, or fail to ensure that its operation is not impeded or interfered with, as provided in § 300.337; (5) Fail to make an EMTU installed under § 300.337 or the position data obtained from it available for inspection, as provided in § 300.337; or (6) Fail to carry on board and monitor communication devices as required in § 300.337(l); (f) With respect to observers, (1) Fail to provide to an observer, a NMFS employee, or a designated observer provider, information that has been requested pursuant to § 300.338 or § 600.746 of this title, or fail to allow an observer, a NMFS employee, or a designated observer provider to inspect any item described at § 300.338 or § 600.746 of this title; (2) Fish without an observer when the vessel is required to carry an observer pursuant to § 300.338(c); (3) Assault, oppose… | |||||
| 50:50:11.0.2.9.1.18.1.12 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | R | Subpart R—High Seas Fisheries | § 300.341 Reporting. | NOAA | (a) General. The operator of any vessel permitted under this subpart must accurately maintain on board the vessel a complete record of fishing activities, such as catch, effort, and other data and report high seas catch and effort information to NMFS in a manner consistent with the reporting requirements of the authorized fishery(ies) noted on the high seas permit. Reports must include: identification information for vessel and operator; operator signature; crew size; whether an observer is aboard; target species; gear used; dates, times, locations, and conditions under which fishing was conducted; species and amounts of fish retained and discarded; and details of any interactions with sea turtles, marine mammals, or birds. (1) The vessel owner and operator are responsible for obtaining and completing the reporting forms from the Regional Administrator or Office Director who issued the permit holder's high seas fishing permit. The completed forms must be submitted to the same Regional Administrator or Office Director or, if directed by NMFS, to a Science Center. (2) Reports must be submitted within the deadline provided for in the authorized fishery or within 15 days following the end of a fishing trip, whichever is sooner. Contact information for the Regional Administrators and Science Center Directors can be found on the NMFS Web site. (b) [Reserved] | |||||
| 50:50:11.0.2.9.1.18.1.2 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | R | Subpart R—High Seas Fisheries | § 300.331 Definitions. | NOAA | In addition to the terms defined in section 300.2 and those in the Act and the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted by the Conference of the Food and Agriculture Organization of the United Nations on November 24, 1993 (Agreement), the terms used in this subpart have the following meanings. If a term is defined differently in section 300.2, the Act, or the Agreement, the definition in this section shall apply. Bottom fishing means fishing using gear that is likely to contact the seafloor during the normal course of fishing operations. Enhanced mobile transceiver unit (EMTU) is defined in 50 CFR 600.1500. High seas means the waters beyond the territorial sea or exclusive economic zone (or the equivalent) of any Nation, to the extent that such territorial sea or exclusive economic zone (or the equivalent) is recognized by the United States. High seas fishing permit means a permit issued under this subpart. High seas fishing vessel means any vessel of the United States used or intended for use on the high seas for the purpose of the commercial exploitation of living marine resources and as a harvesting vessel, mothership, or any other support vessel directly engaged in a fishing operation. Support vessels include vessels that process or transship fish on the high seas; provide supplies, personnel or fuel on the high seas to other fishing vessels; or conduct other activities in support of, or in preparation for fishing. International conservation and management measures means measures to conserve or manage one or more species of living marine resources that are adopted and applied in accordance with the relevant rules of international law, as reflected in the 1982 United Nations Convention on the Law of the Sea, and that are recognized by the United States. Such measures may be adopted by global, regional, or sub-regional fisheries organizations, subject to the rights and obligations of their members, or by trea… | |||||
| 50:50:11.0.2.9.1.18.1.3 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | R | Subpart R—High Seas Fisheries | § 300.332 Issuing offices. | NOAA | Any Regional Administrator or the Office Director may issue permits required under this subpart. While applicants for permits may submit an application to any Regional Administrator or the Office Director, applicants are encouraged to submit their applications (with envelopes marked “Attn: HSFCA Permits”) to the Regional Administrator or the Office Director with whom they normally interact on fisheries matters. | |||||
| 50:50:11.0.2.9.1.18.1.4 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | R | Subpart R—High Seas Fisheries | § 300.333 Vessel permits. | NOAA | (a) Eligibility. (1) Any vessel owner or operator of a high seas fishing vessel is eligible to receive a permit for a fishery authorized on the high seas under this subpart, unless the vessel was previously authorized to be used for fishing on the high seas by a foreign nation, and— (i) The foreign nation suspended such authorization, because the vessel undermined the effectiveness of international conservation and management measures, and the suspension has not expired; or (ii) The foreign nation, within the 3 years preceding application for a permit under this section, withdrew such authorization, because the vessel undermined the effectiveness of international conservation and management measures. (2) The restrictions in paragraphs (a)(1)(i) and (ii) of this section do not apply if ownership of the vessel has changed since the vessel undermined the effectiveness of international conservation and management measures, and the new owner has provided sufficient evidence to the Regional Administrator or Office Director demonstrating that the owner and operator at the time the vessel undermined the effectiveness of such measures have no further legal, beneficial, or financial interest in, or control of, the vessel. (3) The restrictions in paragraphs (a)(1)(i) and (ii) of this section do not apply if it is determined by the Regional Administrator or Office Director that issuing a permit would not subvert the purposes of the Agreement. (b) Applicability. Any high seas fishing vessel used for fishing, as defined under § 300.2, on the high seas must have on board a valid permit issued under this subpart. (c) Application. Permit application forms are available from the NMFS Web site or from any Regional Administrator or the Office Director. Failure to submit a complete and accurate application, along with all other required documentation and the specified fee will preclude issuance of a permit. To apply for a permit under this subpart, the owner or operator of a high seas fishing vessel must submit the follow… | |||||
| 50:50:11.0.2.9.1.18.1.5 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | R | Subpart R—High Seas Fisheries | § 300.334 Fisheries authorized on the high seas. | NOAA | (a) General. When applying for a permit under § 300.333, the owner or operator of a high seas fishing vessel must identify in the application the authorized fisheries in which he or she intends to fish. More than one authorized fishery may be selected. The following fisheries are authorized on the high seas: (1) 50 CFR part 300, subpart C—Eastern Pacific Tuna Fisheries. (2) 50 CFR part 300, subpart D—South Pacific Tuna Fisheries. (3) 50 CFR part 300, subpart G—Antarctic Marine Living Resources. (4) 50 CFR part 635—Atlantic Highly Migratory Species Fisheries. (5) 50 CFR part 660, subpart K—U.S. West Coast Fisheries for Highly Migratory Species. (6) 50 CFR part 665, subpart F—Western Pacific Pelagic Fisheries. (7) South Pacific Albacore Troll Fishery. (8) Northwest Atlantic Fishery. (b) Requirements for authorized fisheries. For each of the authorized fisheries specified on the high seas fishing permit, the owner or operator of the high seas fishing vessel must: (1) Abide by the regulations, set forth in other parts of this chapter and Chapter VI, governing those authorized fisheries while operating on the high seas; (2) Obtain and renew any appropriate permits or authorizations; and (3) Notify the Regional Administrator or Office Director who issued the permit immediately in the event that a species listed as threatened or endangered under the ESA is taken incidental to the fishing activities without authorization under a relevant incidental take statement. (c) Change in authorized fisheries. If a high seas fishing permit holder elects to change the authorized fisheries specified on the permit, he or she shall notify the Regional Administrator or Office Director who issued the permit of the change(s) and shall obtain the underlying permits for the authorized fisheries prior to engaging in the fishery on the high seas. Per the process under § 300.333(d), the Regional Administrator or Office Director will then issue a revised high seas fishing permit which will expire 5 years from the original eff… | |||||
| 50:50:11.0.2.9.1.18.1.6 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | R | Subpart R—High Seas Fisheries | § 300.335 Bottom fishing. | NOAA | (a) Bottom fishing may be permitted on the high seas when authorized by international conservation and management measures recognized by the United States. For bottom fishing activity not subject to international conservation measures recognized by the United States, a person who seeks to engage in such fishing must request authorization of a new high seas fishery as described in § 300.334(e) and then, if the fishery is authorized, must obtain all applicable permits including a high seas fishing permit issued under § 300.333. NMFS may specify conditions and restrictions in the permit to mitigate adverse impacts on VMEs, which may include the types of conditions that have been adopted in relevant RFMO measures recognized by the United States. (b) Permit. To be permitted under this section, the owner or operator of a high seas fishing vessel must follow the procedures under § 300.334(e) or, if he or she seeks to change an existing permit, must follow the procedures under § 300.334(c). | |||||
| 50:50:11.0.2.9.1.18.1.7 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | R | Subpart R—High Seas Fisheries | § 300.336 Vessel identification. | NOAA | (a) General. A vessel permitted under this subpart must be marked for identification purposes in accordance with this section. (b) Marking. Vessels must be marked either: (1) In accordance with vessel identification requirements specified in Federal fishery regulations issued under the Magnuson-Stevens Act or under other Federal fishery management statutes; or (2) In accordance with the following identification requirements: (i) A vessel must be marked with its international radio call sign (IRCS) or, if not assigned an IRCS, must be marked (in order of priority) with its Federal, state, or other documentation number appearing on its high seas fishing permit and, if a WCPFC Area Endorsement has been issued for the vessel under § 300.212, that documentation number must be preceded by the characters “USA” and a hyphen (that is, “USA-”); (ii) The markings must be displayed at all times on the vessel's side or superstructure, port and starboard, as well as on a deck; (iii) The markings must be placed so that they do not extend below the waterline, are not obscured by fishing gear, whether stowed or in use, and are clear of flow from scuppers or overboard discharges that might damage or discolor the markings; (iv) Block lettering and numbering must be used; (v) The height of the letters and numbers must be in proportion to the size of the vessel as follows: for vessels 25 meters (m) and over in length overall, the height of letters and numbers must be no less than 1.0 m; for vessels 20 m but less than 25 m in length overall, the height of letters and numbers must be no less than 0.8 m; for vessels 15 m but less than 20 m in length overall, the height of letters and numbers must be no less than 0.6 m; for vessels 12 m but less than 15 m in length overall, the height of letters and numbers must be no less than 0.4 m; for vessels 5 m but less than 12 m in length overall, the height of letters and numbers must be no less than 0.3 m; and for vessels under 5 m in length overall, the height of letters and numbers… | |||||
| 50:50:11.0.2.9.1.18.1.8 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | R | Subpart R—High Seas Fisheries | § 300.337 Requirements for Enhanced Mobile Transceiver Units (EMTUs). | NOAA | (a) Vessel position information. The owner or operator of a vessel issued a permit under this subpart, or for which such permit is required, must have installed on board the vessel a NMFS type-approved enhanced mobile transceiver unit (EMTU). The operator or owner of the vessel must ensure that the EMTU is operational and properly reporting positions to NMFS as required by this section, except when exempt under paragraph (d)(1) or (2) of this section. If the vessel is also subject to EMTU requirements in other parts of this title, the more restrictive requirements apply. (b) Contact information and business hours. With respect to the requirements in this section, vessel owners and operators should consult with the divisional office of the NOAA Office of Law Enforcement (OLE) in, or nearest, the Region issuing the permit under this subpart. The OLE VMS Helpdesk in OLE headquarters office may also be contacted. (c) EMTU installation and activation —(1) EMTU installation. 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 divisional office, a NMFS type-approved EMTU. OLE is authorized to receive and relay transmissions from the EMTU. The vessel owner and operator shall arrange for a type-approved mobile communications service to receive and transmit position reports and email communications from the EMTU to OLE. NMFS makes available lists of type-approved EMTUs and mobile communications service providers. Vessel owners must ensure that the EMTU and communications service hardware purchased is type-approved for all fisheries and regions in which their vessel will be operating. (2) EMTU activation. When an EMTU is installed or reinstalled or the mobile communications service provider changes, or if directed by OLE, the vessel owner and operator shall, prior to leaving port: (i) Turn on the EMTU to make it operational; (ii) Submit a VMS Installation and Activation … | |||||
| 50:50:11.0.2.9.1.18.1.9 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | R | Subpart R—High Seas Fisheries | § 300.338 Observers. | NOAA | (a) Where observer coverage is not otherwise required by other regulations or relevant RFMO conservation and management measures, NMFS may select for at-sea observer coverage any vessel that has been issued a high seas fishing permit. A vessel so selected by NMFS must carry an observer when directed to do so. (b) NMFS will contact a vessel owner, in writing, when his or her vessel is selected for observer coverage under this section. (c) A vessel shall not fish on the high seas without taking an observer if NMFS contacted the vessel owner under paragraph (b) of this section, or if so required as a condition of a permit issued under this subpart or pursuant to other legal authorities, unless the requirement to carry an observer has been waived under paragraph (d) of this section. (d) The vessel owner that NMFS contacts under paragraph (b) of this section must notify NMFS of his or her next fishing trip that may take place on the high seas before commencing the fishing trip. NMFS will specify the notification procedures and information requirements, such as expected gear deployment, trip duration and fishing area, in its selection letter. Once notified of a trip by the vessel owner, NMFS will assign an observer for that trip or notify the vessel owner that coverage pursuant to this subpart is not required, given the existing requirement for observer coverage under other legal authorities. (e) The owner, operator, and crew of a vessel on which a NMFS-approved observer is assigned must comply with safety regulations at §§ 600.725 and 600.746 of this title and— (1) Facilitate the safe embarkation and debarkation of the observer. (2) Provide the observer with accommodations, food, and amenities that are equivalent of those provided to vessel officers. (3) Allow the observer access to all areas of the vessel necessary to conduct observer duties. (4) Allow the observer free and unobstructed access to the vessel's bridge, working decks, holding bins, weight scales, holds, and any other space used to hold, process,… | |||||
| 50:50:11.0.2.9.1.3.1.1 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | C | Subpart C—Eastern Pacific Tuna Fisheries | § 300.20 Purpose and scope. | NOAA | [87 FR 40735, July 8, 2022] | (a) The regulations in this subpart are issued under the authority of the Tuna Conventions Act of 1950, as amended (Act), and apply to persons and vessels subject to the jurisdiction of the United States. The regulations implement recommendations and other decisions of the Inter-American Tropical Tuna Commission (IATTC) for the conservation and management of stocks of tunas and tuna-like species and other species of fish taken by vessels fishing for tunas and tuna-like species in the IATTC Convention Area. The Secretary of Commerce, in consultation with the Secretary of State and, with respect to enforcement measures, the U.S. Coast Guard, may promulgate such regulations as may be necessary to carry out the U.S. international obligations under the Convention for the Establishment of an Inter-American Tropical Tuna Commission (Convention), the Convention for the Strengthening of the Inter-American Tropical Tuna Commission Established by the 1949 Convention between the United States of America and the Republic of Costa Rica (Antigua Convention), and the Act, including recommendations and other decisions adopted by the IATTC. (b) This subpart does not apply to: (1) Any person or vessel authorized by the IATTC, the Assistant Administrator, or any state of the United States to engage in fishing for research purposes; or (2) Any person or vessel engaged in sport fishing for personal use. | ||||
| 50:50:11.0.2.9.1.3.1.10 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | C | Subpart C—Eastern Pacific Tuna Fisheries | § 300.29 Observers. | NOAA | [85 FR 29669, May 18, 2020] | The following requirements apply to all on-board fisheries observers required under this subpart, which includes observers on purse seine, longline vessels, and transshipment carrier vessels, and while on a fishing trip in the IATTC Convention Area. (a) Contact information. A full list of U.S. longline and IATTC purse seine observer providers and U.S. Government contacts for situations described in paragraphs (b) through (d) of this section is available at the following website: https://www.fisheries.noaa.gov/west-coast/partners/emergency-contacts-vessel-owners-operators-and-observers-longline-and-purse. (b) Loss of life. In the event that an observer dies, is missing, or presumed fallen overboard, the owner or operator of the fishing vessel must immediately notify a U.S. Government contact and the observer provider. (c) Serious illness or injury. The owner or operator of a fishing vessel of the United States shall immediately report serious illness or injury that threatens the life and/or long-term health or safety of an observer to the observer provider and a U.S. Government contact. In addition, the owner or operator of the fishing vessel must: (1) Immediately cease fishing operations; (2) Take all reasonable actions to care for the observer and provide any medical treatment available and possible on board the vessel, and where appropriate seek external medical advice; (3) Where directed by the observer provider, if not already directed by the appropriate U.S. Government contact, facilitate the disembarkation and transport of the observer to a medical facility equipped to provide the required care, as soon as practicable; and (4) Cooperate fully in any official investigations into the cause of the illness or injury. (d) Assault, intimidation, threat, or harassment. For reporting violations in the event that an observer on a fishing vessel of the United States has been assaulted, intimidated, threatened, or harassed, the owner or operator of the fishing vessel shall immediately notify the obser… | ||||
| 50:50:11.0.2.9.1.3.1.2 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | C | Subpart C—Eastern Pacific Tuna Fisheries | § 300.21 Definitions. | NOAA | [61 FR 35550, July 5, 1996] | In addition to the terms defined in § 300.2, in the Act, the Convention for the Establishment of an Inter-American Tropical Tuna Commission (Convention), and the Convention for the Strengthening of the Inter-American Tropical Tuna Commission Established by the 1949 Convention between the United States of America and the Republic of Costa Rica (Antigua Convention), the terms used in this subpart have the following meanings. If a term is defined differently in § 300.2, in the Act, or in the Antigua Convention, the definition in this section shall apply. Activation of a satellite buoy means the act of initializing network service for receiving the satellite buoy's position. Activation is done by the buoy supplier company at the request of the vessel owner or manager. Following activation, the vessel owner pays for the communication service. The buoy can be transmitting or not, depending if it has been switched on. Active FAD means a FAD deployed at sea where activation of the satellite buoy has occurred and the satellite buoy is transmitting its location and is being tracked by the vessel owner or operator. A FAD shall be considered an Active FAD unless/until the vessel owner or operator is no longer tracking its location and the vessel owner or operator notifies the IATTC that the FAD is deactivated. Biodegradable means non-synthetic materials and/or bio-based alternatives that are consistent with approved international standards for materials that are biodegradable in marine environments. The components resulting from the degradation of these materials should not be damaging to the marine and coastal ecosystems or include heavy metals or plastics in their composition. Examples of non-synthetic materials include plant-based materials such as cotton, jute, manila hemp (abaca), bamboo, and natural rubber; and animal-based materials such as leather, wool, and lard. The approved international standards are ASTM D6691, ASTM D7881, and TUV Austria. Commercial with respect to commercial fishing, means fishing in w… | ||||
| 50:50:11.0.2.9.1.3.1.3 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | C | Subpart C—Eastern Pacific Tuna Fisheries | § 300.22 Recordkeeping and reporting requirements. | NOAA | [87 FR 40736, July 8, 2022, as amended at 89 FR 96909, Dec. 6, 2024] | (a) Logbooks —(1) General logbook reporting. The master or other person in charge of a commercial fishing vessel or commercial passenger fishing vessel (CPFV) authorized to fish for tuna and tuna-like species in the Convention Area, or a person authorized in writing to serve as the agent for either person, must keep an accurate log of operations conducted from the fishing vessel. (2) Longline and other non-purse seine logbooks. Maintaining and submitting any logbook required by existing state or Federal regulation will be sufficient to comply with paragraph (a)(1) of this section. (3) Purse seine logbooks. For purse seine vessels greater than 400 st (362.8 mt) carrying capacity that are authorized to purse seine for tuna in the Convention Area, the log must include for each day the date, noon position (stated in latitude and longitude or in relation to known physical features), and the tonnage of fish on board, by species. The record and bridge log maintained and submitted at the request of the IATTC will be sufficient to comply with this paragraph (a)(3) and with paragraph (a)(1) of this section, provided the items of information specified by the IATTC are accurately entered in the log. For purse seine vessels of 400 st (362.8 mt) carrying capacity or less, maintaining and submitting any logbook required by existing state or Federal regulation will be sufficient to comply with paragraph (a)(1) of this section. (b) Whale shark encirclement reporting. The owner and operator of a purse seine fishing vessel of the United States that encircles a whale shark ( Rhincodon typus ) while commercially fishing in the Convention Area must ensure that the incident is recorded on the log that is required by paragraphs (a)(1) and (3) of this section. The log must include the following information: The number of individual whale sharks with which the vessel interacted, details of how and why the encirclement happened, where it occurred, steps taken to ensure safe release, and an assessment of the life status of the w… | ||||
| 50:50:11.0.2.9.1.3.1.4 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | C | Subpart C—Eastern Pacific Tuna Fisheries | § 300.23 IATTC Regional Vessel Register. | NOAA | [87 FR 40736, July 8, 2022] | (a) IATTC Regional Vessel Register (Vessel Register). The Vessel Register shall include, consistent with resolutions of the IATTC, all commercial fishing vessels and CPFVs authorized to fish for tuna and tuna-like species in the Convention Area. Except as provided under paragraph (a)(1) of this section, tuna purse seine vessels must be listed on the Vessel Register and categorized as active under paragraph (c)(2) of this section in order to fish for tuna and tuna-like species in the Convention Area. (1) Exception from requirement for inclusion on the Vessel Register. Once per year, a vessel that is permitted and authorized under an alternative international tuna purse seine fisheries management regime in the Pacific Ocean may exercise an option to fish with purse seine gear to target tuna in the Convention Area without the vessel's capacity counted towards the cumulative carrying capacity described under paragraph (c)(1)(i) of this section. This exception is for a single fishing trip that does not exceed 90 days in duration. At any time during the calendar year, a vessel exercising this exception shall follow the procedures, where applicable, described in paragraph (c) of this section. No more than 32 of such trips are allowed each calendar year. After the commencement of the 32nd such trip, the Regional Administrator shall announce, in the Federal Register and by other appropriate means, that no more such trips are allowed for the remainder of the calendar year. Under 50 CFR 216.24(b)(6)(iii)(C), vessel assessment fees must be paid for vessels exercising this option. (2) Requirements for inclusion of purse seine vessels on the Vessel Register. Inclusion on the tuna purse seine portion of the Vessel Register is valid through December 31 of each year. New tuna purse seine vessels may be added to the Vessel Register at any time to replace those previously removed by the Regional Administrator, provided that the total capacity of the replacement vessel or vessels does not exceed that of the tuna purse sein… | ||||
| 50:50:11.0.2.9.1.3.1.5 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | C | Subpart C—Eastern Pacific Tuna Fisheries | § 300.24 Prohibitions. | NOAA | [61 FR 35550, July 5, 1996] | In addition to the prohibitions in § 300.4, it is unlawful for any person or vessel subject to the jurisdiction of the United States to: (a) Land any species of tuna during the closed season for that species in excess of the amount allowed by the Regional Administrator. (b) [Reserved] (c) Use tender vessels in the Convention Area. (d) Transship purse seine-caught tuna at sea within the Convention Area. (e) Fail to retain any bigeye, skipjack, or yellowfin tuna caught by a fishing vessel of the United States of class size 4-6 using purse seine gear in the Convention Area as required under § 300.27(a). (f) When using purse seine gear to fish for tuna in the Convention Area, fail to release any fish species (excluding mobulid rays, tuna, tuna-like species, and those being retained for consumption aboard the vessel) as soon as practicable after being identified on board the vessel during the brailing operation as required in § 300.27(b). (g) [Reserved] (h) Fail to use the sea turtle handling, release, and resuscitation procedures in § 300.27(c). (i) Fail to report information when requested by the Regional Administrator under § 300.22. (j) Fail to provide written notification as described under § 300.22(b)(8) to the Regional Administrator at least 10 business days prior to submission of an application to transfer a purse seine vessel listed on the Vessel Register to foreign registry and flag, unless transfer of the vessel requires approval by the U.S. Maritime Administration. (k) Use a U.S. fishing vessel over 24 meters in length to retain on board, transship, or land bigeye tuna caught by longline gear in the Convention Area or to fish in contravention of § 300.25(a)(4)(i) or (ii). (l) Use a U.S. fishing vessel over 24 meters in overall length to fish with longline gear in the Pacific Ocean both inside and outside the Convention Area on the same fishing trip in contravention of § 300.25(a)(4)(iii). (m) Fail to stow gear as required in § 300.25(a)(4)(iv) or (e)(6). (n) Use a fishing vessel of class size… | ||||
| 50:50:11.0.2.9.1.3.1.6 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | C | Subpart C—Eastern Pacific Tuna Fisheries | § 300.25 Fisheries management. | NOAA | [64 FR 44431, Aug. 16, 1999] | (a) Longline tuna catch limits. (1) Fishing seasons for all tuna species begin on 0000 hours Coordinated Universal Time (UTC) January 1 and end either on 2400 hours UTC December 31 or when NMFS closes the fishery for a specific species. (2) There is a limit of 750 metric tons of bigeye tuna that may be caught by longline gear in the Convention Area by U.S. commercial fishing vessels that are over 24 meters in overall length. The catch limit within a calendar year is subject to increase if the United States receives a transfer of catch limit from another IATTC member or cooperating non-member, per paragraph (a)(5) of this section. (3) NMFS will project a date the limit of bigeye tuna established under paragraph (a)(2) of this section will be reached ( i.e., a closure date) by monitoring longline landings, data submitted in logbooks, and other available information. NMFS will publish a notice in the Federal Register at least 7 calendar days in advance of that projected closure date announcing that the limit has been reached. The Federal Register notice will specify that the restrictions described in paragraph (a)(4) of this section will be in effect through the end of the calendar year. (4) Once the closure date is announced, pursuant to paragraph (a)(3) of this section the following restrictions will apply during the period specified in the announcement: (i) A fishing vessel of the United States over 24 meters in overall length may not be used to retain on board, transship, or land bigeye tuna captured by longline gear in the Convention Area, except as follows: (A) Any bigeye tuna already on board a U.S. fishing vessel upon the effective closure date may be retained on board, transshipped, and/or landed, to the extent authorized by applicable laws and regulations, provided that the bigeye tuna is landed within 14 days after the effective closure date. (B) The 14-day limit is waived in the case of a U.S. fishing vessel that has already declared to NMFS, pursuant to § 665.803(a) of this title, that the … | ||||
| 50:50:11.0.2.9.1.3.1.7 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | C | Subpart C—Eastern Pacific Tuna Fisheries | § 300.26 Vessel monitoring system (VMS). | NOAA | [80 FR 60538, Oct. 7, 2015, as amended at 89 FR 54726, July 2, 2024] | (a) Assistant Director (AD), NOAA Office of Law Enforcement, Pacific Islands Division (or designee) and VMS Helpdesk contact information and business hours. (1) The contact information for the AD for the purpose of this section: 1845 Wasp Blvd., Building 176, Honolulu, HI 96818; telephone: (808) 725-6100; facsimile: 808-725-6199; email: pidvms@noaa.gov; business hours: Monday through Friday, except Federal holidays, 8 a.m. to 4:30 p.m., Hawaii Standard Time. (2) The contact information for the NOAA Office of Law Enforcement's VMS Helpdesk is telephone: (888) 219-9228, ext. 2; email: ole.helpdesk@noaa.gov. The business hours of the VMS Helpdesk are Monday through Friday, except Federal holidays, 7 a.m. to 11 p.m., Eastern Time. (b) Applicability. This section applies to any U.S. commercial fishing vessel that is 24 meters or more in overall length and engaging in fishing activities for tuna or tuna-like species in the Convention Area, and for which either of the following permits is required: Pacific highly migratory species permit under § 660.707, or high seas fishing permit under § 300.13 of this part. (c) Provisions for Installation, Activation and Operation —(1) VMS Unit Installation. The vessel owner or operator must obtain and have installed on the fishing vessel, in accordance with instructions provided by the AD and the VMS unit manufacturer, a VMS unit that is type-approved by NOAA for fisheries in the IATTC Convention Area. The vessel owner or operator shall arrange for a NOAA-approved mobile communications service provider to receive and relay transmissions from the VMS unit to NOAA at a default reporting interval of at least once per hour. NOAA, the USCG, and other authorized entities are authorized to receive and relay transmissions from the VMS unit. The NOAA OLE VMS Helpdesk is available to provide instructions for VMS installation and a list of the current type-approved VMS units and mobile communication service providers. (2) VMS Unit Activation. If the VMS unit has not yet been a… | ||||
| 50:50:11.0.2.9.1.3.1.8 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | C | Subpart C—Eastern Pacific Tuna Fisheries | § 300.27 Incidental catch and tuna retention requirements. | NOAA | [81 FR 50403, Aug. 1, 2016, as amended at 81 FR 86970, Dec. 2, 2016; 82 FR 56178, Nov. 28, 2017; 84 FR 70048, Dec. 20, 2019; 85 FR 29669, May 18, 2020; 87 FR 40741, July 8, 2022; 89 FR 54726, July 2, 2024] | (a) Tuna retention requirements for purse seine vessels. Bigeye, skipjack, and yellowfin tuna caught in the Convention Area by a fishing vessel of the United States of class size 4-6 (more than 182 metric tons carrying capacity) using purse seine gear must be retained on board and landed, except for fish deemed unfit for human consumption for reasons other than size. This requirement shall not apply to the last set of a trip if the available well capacity is insufficient to accommodate the entire catch. (b) Release requirements for fish species on purse seine vessels. All purse seine vessels must release, as soon as practicable after being identified on board the vessel during the brailing operation, all billfish, rays (not including mobulid rays, which are subject to paragraph (i) of this section), dorado ( Coryphaena hippurus ), and other fish species. This requirement does not apply to tuna or tuna-like species, or to other fish retained for consumption aboard the vessel. Sharks caught in the IATTC Convention Area and that are not retained for consumption aboard the vessel must be released according to the requirements in paragraph (k) of this section. Tuna caught in the IATTC Convention Area are subject to the retention requirements in paragraph (a) of this section. (c) Sea turtle handling and release. All purse seine vessels must apply special sea turtle handling and release requirements, as follows: (1) Whenever a sea turtle is sighted in the net, a speedboat shall be stationed close to the point where the net is lifted out of the water to assist in release of the sea turtle; (2) If a sea turtle is entangled in the net, net roll shall stop as soon as the sea turtle comes out of the water and shall not resume until the sea turtle has been disentangled and released; (3) If, in spite of the measures taken under paragraphs (c)(1) and (c)(2) of this section, a sea turtle is accidentally brought on board the vessel alive and active, the vessel's engine shall be disengaged and the sea turtle shall be re… | ||||
| 50:50:11.0.2.9.1.3.1.9 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | C | Subpart C—Eastern Pacific Tuna Fisheries | § 300.28 FAD restrictions. | NOAA | [83 FR 15510, Apr. 11, 2018, as amended at 83 FR 62734, Dec. 6, 2018; 87 FR 40741, July 8, 2022; 89 FR 96909, Dec. 6, 2024; 90 FR 22027, May 23, 2025] | (a) FAD identification requirements for purse seine vessels. (1) For each FAD deployed or modified on or after January 1, 2017, in the IATTC Convention Area, the vessel owner or operator must either: obtain a unique code from HMS Branch; or use an existing unique identifier associated with the FAD ( e.g., the manufacturer identification code for the attached buoy). (2) U.S. purse seine vessel owners and operators shall ensure the characters of the unique code or unique identifier be marked indelibly at least five centimeters in height on the upper portion of the attached radio or satellite buoy in a location that does not cover the solar cells used to power the equipment. For FADs without attached radio or satellite buoys, the characters shall be on the uppermost or emergent top portion of the FAD. The vessel owner or operator shall ensure the marking is visible at all times during daylight. In circumstances where the on-board observer is unable to view the code, the captain or crew shall assist the observer ( e.g., by providing the FAD identification code to the observer). (b) Activating FADs for purse seine vessels. When deploying a FAD in the IATTC Convention Area, a vessel owner, operator, or crew must activate the satellite buoy while the FAD is onboard the purse seine vessel and before it is deployed in the water. (c) Restrictions on Active FADs for purse seine vessels. U.S. vessel owners and operators of purse-seine vessels with the following well volume in cubic meters (m 3 ) must not have more than the following number of Active FADs per vessel in the IATTC Convention Area at any one time, as specified in table 1 to this paragraph (c). Table 1 to Paragraph ( c ) (d) Restrictions on satellite buoy deactivations. A vessel owner or operator that deactivates a satellite buoy attached to a FAD must comply with the reporting requirements for buoy deactivations in § 300.22(c)(3). A U.S. vessel owner or operator shall only deactivate a satellite buoy attached to a FAD that was activated in the IA… | ||||
| 50:50:11.0.2.9.1.4.1.1 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | D | Subpart D—South Pacific Tuna Fisheries | § 300.30 Purpose and scope. | NOAA | This subpart implements the South Pacific Tuna Act of 1988 (Act) and the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America (Treaty) and applies to persons and vessels subject to the jurisdiction of the United States. | |||||
| 50:50:11.0.2.9.1.4.1.10 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | D | Subpart D—South Pacific Tuna Fisheries | § 300.39 Exceptions. | NOAA | [61 FR 35550, July 5, 1996, as amended at 72 FR 6153, Feb. 9, 2007] | (a) The prohibitions of § 300.38 and the licensing requirements of § 300.32 do not apply to fishing for albacore tuna by vessels using the trolling method or to fishing by vessels using the longline method in the high seas areas of the Treaty Area. (b) The prohibitions of § 300.38(a)(4), (a)(5), and (b)(3) do not apply to fishing under the terms and conditions of a fishing arrangement. | ||||
| 50:50:11.0.2.9.1.4.1.11 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | D | Subpart D—South Pacific Tuna Fisheries | § 300.40 Civil penalties. | NOAA | The procedures of 15 CFR part 904 apply to the assessment of civil penalties, except as modified by the requirements of section 8 of the Act. | |||||
| 50:50:11.0.2.9.1.4.1.12 | 50 | Wildlife and Fisheries | III | 300 | PART 300—INTERNATIONAL FISHERIES REGULATIONS | D | Subpart D—South Pacific Tuna Fisheries | § 300.41 Investigation notification. | NOAA | Upon commencement of an investigation under section 10(b)(1) of the Act, the operator of any vessel concerned shall have 30 days after receipt of notification of the investigation and the operator's rights under section 10(b)(1) to submit comments, information, or evidence bearing on the investigation, and to request in writing that the Secretary provide the operator an opportunity to present the comments, information, or evidence orally to the Secretary or the Secretary's representative. |
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title_name TEXT,
chapter TEXT,
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