###### 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.

#### § 300.101 Definitions.

In addition to the terms defined in § 300.2, in the Act, and in the Convention on the Conservation of Antarctic Marine Living Resources, done at Canberra, Australia, May 7, 1980 (Convention) the terms used in this subpart have the following meanings for purposes of this subpart. If a term is defined differently in § 300.2, than in the Act, or Convention, the definition in this section shall apply.

*ACA* means the Antarctic Conservation Act, 16 U.S.C. 2401, *et seq.,* as amended.

*Annual or biennial measure* means a conservation measure that:

(1) Applies to the operation of the Convention's commercial or exploratory fisheries such as gear, catch, and effort restrictions and time and area closures;

(2) Generally expires after one or two fishing season(s); and

(3) Does not require the development of policy options or a regulatory framework.

*Antarctic convergence* means a line joining the following points along the parallels of latitude and meridians of longitude:

| Lat. | Long. |
| --- | --- |
| 50° S | 0. |
| 50° S | 30° E. |
| 45° S | 30° E. |
| 45° S | 80° E. |
| 55° S | 80° E. |
| 55° S | 150° E. |
| 60° S | 150° E. |
| 60° S | 50° W. |
| 50° S | 50° W. |
| 50° S | 0. |

*Antarctic marine living resources or AMLR(s)* means:

(1) The populations of finfish, mollusks, crustaceans, and all other species of living organisms, including birds, found south of the Antarctic Convergence;

(2) All parts or products of those populations and species set forth in paragraph (1) of this definition.

*Centralized Vessel Monitoring System (C-VMS)* means the system operated by the Secretariat of CCAMLR that receives reports of positional and other information from satellite-linked mobile transceiver units located on vessels that are submitted to the CCAMLR Secretariat, either directly from the vessel or through the relevant flag State.

*Commission* or *CCAMLR* means the Commission for the Conservation of Antarctic Marine Living Resources established under Article VII of the Convention.

*Convention Area* means all waters south of the Antarctic Convergence.

*Dealer* means a person who imports AMLRs into, or exports or re-exports AMLRs from, the United States.

*Dissostichus catch document (DCD)* is a document generated through CCAMLR's electronic catch documentation scheme (CDS), containing information relating to the harvest, landing, and transshipment of *Dissostichus* species.

*Dissostichus export document (DED)* is a document generated through the CCAMLR's electronic CDS, containing information relating to the export of *Dissostichus* spp.

*Dissostichus re-export document (DRED)* is a document generated through CCAMLR's electronic CDS, containing information relating to the re-export of *Dissostichus* spp.

*Dissostichus species* or *Dissostichus spp.* means Patagonian toothfish and Antarctic toothfish, and any parts or products therefrom.

*Enhanced mobile transceiver unit* or *EMTU* means a transceiver or communication device, including all hardware and software, carried and operated on a vessel as part of a vessel monitoring system.

*Export* means any movement of fish or fish product from a territory under the control of the State or free trade zone of landing, or, where that State or free trade zone forms part of a customs union, any other Member State of that customs union.

*First receiver* means the person who first receives AMLRs landed from a vessel licensed under 50 CFR 300.107 at a U.S. port.

*Fish* means finfish, mollusks, and crustaceans.

*Fishery* means:

(1) One or more stocks of fish that are treated as a unit for purposes of conservation and management and that are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics.

(2) Any fishing for such stocks.

*Harvesting vessel* means any vessel of the United States (including any boat, ship, or other craft), that is used for, equipped to be used for, or of a type that is normally used for harvesting.

*Import* means the physical entering or bringing of a fish or fish product into any part of the geographical territory under the control of a State, except where the catch is landed or transshipped within the definitions of landing or transshipment.

*Individual permit* means a National Science Foundation (NSF) permit issued under 45 CFR part 670; or an NSF award letter (demonstrating that the individual has received an award from NSF to do research in the Antarctic); or a marine mammal permit issued under § 216.31 of this chapter; or an endangered species permit issued under § 222.21 of this chapter.

*Inspection vessel* means a vessel carrying a CCAMLR inspector and displaying the pennant approved by CCAMLR to identify such vessel.

*International observer* means a scientific observer operating in accordance with the CCAMLR Scheme of International Scientific Observation and the terms of a bilateral arrangement concluded between the United States and another member of CCAMLR for the placement of a U.S. national onboard a vessel flagged by another member of CCAMLR or for the placement of the national of another member of CCAMLR onboard a vessel of the United States.

*Land* or *Landing* means to begin offloading any fish, to arrive in port with the intention of offloading any fish, or to cause any fish to be offloaded. However, for purposes of catch documentation as provided for in § 300.106, land or landing means the initial unloading or transfer of *Dissostichus* spp. in any form from a vessel to dockside even if such fish are subsequently transferred to a container or to another vessel in a port or free trade zone.

*National observer* means a U.S. national placed and operating onboard a vessel of the United States as a scientific observer in accordance with § 300.111.

*Office of Law Enforcement (OLE)* refers to the NOAA Office of Law Enforcement.

*Port-to-port* means from the time the vessel leaves port to the time that the vessel returns to port and at all points in between.

*Real-time* means as soon as possible, but at least every hour with no more than a 1-hour delay.

*Recreational fishing* means fishing with hook and line for personal use and not for sale.

*Re-export* means any movement of a fish or fish product from a territory under the control of a State, free trade zone, or Member State of a customs union of import unless that State, free trade zone, or any Member State of that customs union is the first place of landing, in which case the movement is an export within the definition of export.

*Seal excluder device* means a barrier within the body of a trawl comprised of a metal frame, nylon mesh, or any material that results in an obstruction to seals between the mouth opening and the cod end of the trawl. The body of the trawl net forward of the barrier must include an escape opening through which seals entering the trawl can escape.

*Specially Validated Dissostichus Catch Document* (SVDCD) means a Dissostichus catch document that has been specially issued by a State to accompany seized or confiscated *Dissostichus* spp. offered for sale or otherwise disposed of by the State.

*Transship or transshipment* means the transfer of fish or fish products, other AMLRs, or any other goods or materials directly from one vessel to another. However, for purposes of catch documentation as provided for in § 300.106, transship or transshipment means the transfer of *Dissostichus* spp. that has not been previously landed, from one vessel directly to another, either at sea or in port.

*Vessel Monitoring System (VMS)* means a system that uses satellite-linked EMTUs installed on vessels to allow a flag State or other entity to receive automatic transmission of positional and other information related to vessel activity.

[82 FR 6223, Jan. 19, 2017, as amended at 89 FR 20137, Mar. 21, 2024]