Editorial Note on Part 300
Editorial Note: Nomenclature changes to part 300 appear at 64 FR 44431, Aug. 16, 1999, and at 76 FR 59305, Sept. 26, 2011.

§ 300.106 Catch Documentation Scheme (CDS): Documentation and other requirements. ( a ) *General.* ( 1 ) CCAMLR CDS document(s) must accompany all shipments of *Dissostichus* species as required in this section.
( 2 ) No shipment of *Dissostichus* species shall be released for entry into the United States unless accompanied by an accurate, complete, valid and validated CCAMLR CDS document.
( 3 ) *Dissostichus* species shall not be released for entry into the United States unless all of the applicable requirements of the CCAMLR Conservation Measures and U.S. regulations have been met.
( b ) *Harvesting vessels.* ( 1 ) A U.S. vessel harvesting or attempting to harvest *Dissostichus* species, whether within or outside of the Convention Area, must possess a valid vessel permit issued under § 300.107, a valid High Seas Fishing Permit issued under 50 CFR part 300, subpart R, as well as DCD issued by NMFS, which is non-transferable. The master of the harvesting vessel must ensure that catch and other information specified on the DCD are accurately recorded.
( 2 ) Prior to offloading *Dissostichus* species, the master of the harvesting vessel must: ( i ) Electronically convey, by the most rapid means possible, catch and other information to NMFS and record on the DCD a confirmation number received from NMFS;
( ii ) Obtain on the DCD (or copies thereof) the signature(s) of the following persons: If catch is offloaded for transshipment, the master of the vessel(s) to which the catch is transferred; or if catch is offloaded for landing, the signature of both the responsible official(s) designated by NMFS in the vessel permit and the recipient of the catch at the port(s) of landing; and
( iii ) Sign the DCD (or copies thereof), electronically convey by the most rapid means possible each copy to NMFS and provide a copy to each recipient of the catch.
( 3 ) The master of the harvesting vessel must submit the original DCD (and all copies thereof with original signatures) to NMFS no later than 30 days after the end of the fishing season for which the vessel permit was issued and retain copies of the DCD for a period of 2 years.
( c ) *Transshipment vessels.* ( 1 ) A U.S. vessel transshipping or attempting to transship *Dissostichus* species, whether within or outside of the Convention Area, must possess a valid vessel permit issued under § 300.107 and a valid High Seas Fishing Permit issued under subpart R of this part. The master of a U.S. vessel receiving *Dissostichus* species by transshipment must, upon receipt of *Dissostichus* species, sign each DCD provided by the master of the vessel that offloads *Dissostichus* species.
( 2 ) Prior to landing *Dissostichus* species, the master of the transshipping vessel must: ( i ) Obtain on each DCD (or copies thereof) the signature(s) of both the responsible official(s) designated by NMFS in the vessel permit and the recipient of the catch at the port(s) of landing; and
( ii ) Sign each DCD (or copies thereof), and electronically convey by the most rapid means possible each copy to NMFS and to the flag state(s) of the offloading vessel(s) and provide a copy to each recipient of *Dissostichus* species.
( 3 ) The master of the transshipping vessel must submit all DCDs with original signatures to NMFS no later than 30 days after offloading and retain copies for a period of 2 years.
( d ) *First receivers.* Any person who receives *Dissostichus* species landed by a vessel at a U.S. port must hold an AMLR first receiver permit issued under § 300.104 and must sign the DCD(s) provided by the master of the vessel and retain copies at their place of business for a period of 2 years. A person issued, or required to have been issued, a first receiver permit under this subpart may only receive fish from a U.S. vessel that has a valid vessel permit issued under § 300.107 as well as a valid High Seas Fishing Permit issued under 50 CFR part 300, subpart R.
( e ) *Import.* ( 1 ) A person who imports fresh *Dissostichus* species must hold an IFTP issued under § 300.322. To import frozen *Dissostichus* species into the United States, a person must: ( i ) Obtain a preapproval certificate issued under § 300.105 for each shipment. Among the information required on the application, applicants must provide the document number and export reference number on the DED or DRED corresponding to the intended import shipment and, if requested by NMFS, additional information for NMFS to verify that the harvesting vessel reported to the C-VMS continuously and in real-time, from port-to-port, regardless of where the fish were harvested;
( ii ) Ensure that the quantity of toothfish listed on the DED (or the *Dissostichus* re-export document if product is a re-export) matches the quantity listed on the preapproval application within a variance of 10 percent; and
( iii ) Provide copies of the DED or DRED as needed to persons who re-export *Dissostichus* species.
( 2 ) Imports of fresh *Dissostichus* species do not require a preapproval certificate. If the amount or value of the fresh *Dissostichus* species to be imported is below thresholds that trigger the requirement to file entry documentation with U.S. Customs and Border Protection via the Automated Commercial Environment (see definition in § 300.321), the importer must complete a report of each shipment and submit the report to NMFS within 24 hours following importation. Verification of the harvesting vessel's reporting to C-VMS from port-to-port is not required for imports of fresh *Dissostichus* species.
( f ) *Re-export.* ( 1 ) To re-export *Dissostichus* species, a person must hold an IFTP issued under § 300.322 and: ( i ) Submit to NMFS a complete and accurate application for a NMFS *Dissostichus* re-export document, and
( ii ) Obtain validation by a responsible official(s) designated by NMFS and receive an electronically-generated DRED before re-exporting shipments of *Dissostichus* species.
( 2 ) When applying for a re-export approval, a person must reference or include the approval number issued by NOAA, for the original validated *Dissostichus* import document.
( 3 ) A DRED will not be issued for any shipment of *Dissostichus* species: ( i ) Determined to have been harvested or transshipped in contravention of any CCAMLR conservation measure in force at the time of harvest or transshipment;
( ii ) Determined to have been taken, possessed, transported, or sold in violation of any foreign law or regulation or international agreement which is a treaty within the meaning of section II of article II of the U.S. Constitution;
( iii ) Determined to have been taken, possessed, transported, or sold in contravention of any binding conservation measure adopted by an international agreement or organization to which the United States is a party;
( iv ) Determined to have been harvested or transshipped by a vessel identified by CCAMLR as having engaged in illegal, unreported, and unregulated (IUU) fishing;
( v ) Accompanied by inaccurate, incomplete, invalid, or improperly validated CDS documentation; or
( vi ) Imported in violation of AMLRCA or this subpart.
( g ) *Export.* ( 1 ) To export U.S.-harvested *Dissostichus* species, the person must possess an IFTP issued under § 300.322 and: ( i ) Submit to NMFS a complete and accurate NMFS application for a DED; and
( ii ) Obtain validation by a responsible official(s) designated by NMFS and receive an electronically-generated DED before exporting shipments of *Dissostichus* species.
( 2 ) Any person who exports *Dissostichus* species must include the original validated DED with the export shipment.
( 3 ) A DED will not be issued for any shipment of *Dissostichus* species: ( i ) Determined to have been harvested or transshipped in contravention of a CCAMLR conservation measure, AMLRCA, or this subpart;
( ii ) Determined to have been taken, possessed, transported, or sold in violation of any foreign law or regulation or international agreement which is a treaty within the meaning of section II of article II of the U.S. Constitution;
( iii ) Determined to have been taken, possessed, transported, or sold in contravention of any binding conservation measure adopted by an international agreement or organization to which the United States is a party;
( iv ) Determined to have been harvested or transshipped by a vessel identified by CCAMLR as having engaged in illegal, unreported, and unregulated (IUU) fishing; or
( v ) Accompanied by inaccurate, incomplete, invalid, or improperly validated CDS documentation.
( h ) *Recordkeeping.* Any person who imports, exports or re-exports *Dissostichus* spp. must: ( 1 ) Retain a copy of all CDS documents at the person's place of business for a period of 2 years from the date on the documents and provide copies as needed to NMFS; and
( 2 ) Make the IFTP and all CDS documents and other records and reports required by this subpart available for inspection upon request of an authorized officer.
[82 FR 6223, Jan. 19, 2017, as amended at 89 FR 20137, Mar. 21, 2024]