Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25443

selection document at a minimum shall

address the factors referenced in

paragraph (c)(1) of this section.

(3) The Contracting Officer shall

provide a copy of the competitive range

determination or source selection

document to the Competition Advocate

for review and concurrence prior to

approval.

8. Section 1515.611 is revised to read

as follows:

1515.611 Best and final offers.

The Contracting Officer shall establish

a common cut-off date for receipt of

revised proposals and/or confirmations

of negotiations (best and final offers)

upon completion of negotiations.

9. Section 1515.612 is amended by

revising paragraphs (a)(1) (iii), (iv) and

(v); and by adding paragraph (c) to read

as follows:

1515.612 Formal source selection.

(a) * * *

(1) * * *

(iii) SEB Membership—The SSO will

determine the organizational levels of

the individuals to serve on the SEB.

(iv) TEP Chairperson—The SSO will

determine, based on the

recommendation of the requesting

program office, the Chairperson of the

TEP. For recompetes or follow-on

contracts, the Chairperson should

normally not be the incumbent

contract’s Project Officer.

(v) TEP Membership—At least two

members, in addition to the Project

Officer, who are knowledgeable of the

procurement’s technical aspects. If the

procurement is a follow-on to an

existing contract, at least one of the TEP

members should be someone who is not

involved in managing the current

contract, preferably from outside of the

program division which originated the

requirement. See 1515.605(a) for waiver

of this requirement.

* * * * *

(c) Source selection plan. No separate

source selection plan is required. The

Contracting Officer may include the

information required by FAR 15.612(c)

in the individual acquisition plan.

10. Section 1552.215–70 is revised to

read as follows:

1552.215–70 EPA Source Selection and

Selection Procedures—Negotiated

Procurements (XX 1996)

As prescribed in 1515.605, insert the

following provision.

EPA Source Selection and Selection

Procedures—Negotiated Procurements (XX

1996)

(a) The Government will perform source

selection in accordance with FAR part 15 and

the EPA Source Evaluation and Selection

Procedures in EPAAR Part 1515 (48 CFR part

1515). The significant features of this

procedure are:

(1) The Government will perform either

cost analysis or price analysis of the offeror’s

cost/business proposal in accordance with

FAR parts 15 and 31, as appropriate. In

addition, the Government will also evaluate

proposals to determine contract cost or price

realism. Cost or price realism relates to an

offeror’s demonstrating that the proposed

cost or price provides an adequate reflection

of the offeror’s understanding of the

requirements of this solicitation, i.e., that the

cost or price is not unrealistically low or

unreasonably high.

(2) The Government will evaluate technical

proposals as specified in 1552.215–71,

Evaluation Factors for Award.

(b) In addition to evaluation of the

previously discussed elements, the

Government will consider in any award

decision the responsibility factors set forth in

FAR part 9.

(End of Provision)

11. Section 1552.215–71 is revised as

follows:

1552.215–71 Evaluation Factors for Award.

As prescribed in 1515.605, insert one

of the following provisions.

Evaluation Factors for Award (XX 1996)

(a) The Government will make award to the

responsible offeror(s) whose offer conforms

to the solicitation and is most advantageous

to the Government, cost or price and other

factors considered. For this solicitation, all

evaluation factors other than cost or price

when combined are significantly more

important than cost or price.

(b) Technical Evaluation Criteria.

(End of Provision)

Evaluation Factors for Award (XX 1996)

Alternate I (XX 96)

(a) The Government will make award to the

responsible offeror(s) whose offer conforms

to the solicitation and is most advantageous

to the Government, cost or price, and other

factors considered. For this solicitation, all

evaluation factors other than cost or price

when combined are significantly less

important than cost or price.

(b) Technical Evaluation Criteria.

(End of Provision)

Evaluation Factors for Award—Proposal

Meets the Minimum Needs of the

Government With the Lowest Evaluated

Cost/Price. Alternate II (XX 1996)

(a) The Government will make award to the

lowest-evaluated cost or price, technically

acceptable, responsible offeror whose offer

meets the minimum needs of the

Government. In the event that there are two

or more technically acceptable, equal price

(cost) offers, the Government will consider

other factors, as listed below in descending

order of importance:

(b) Technical Evaluation Criteria.

(End of Provision)

Evaluation Factors for Award (XX 1996)

Alternate III (XX 96)

(a) The Government will make award to the

responsible offeror(s) whose offer conforms

to the solicitation and is most advantageous

to the Government, cost or price, and other

factors considered. For this solicitation, all

evaluation factors other than cost or price

when combined are approximately equal to

cost or price.

(b) Technical Evaluation Criteria.

(End of Provision)

1552.215–72 [Removed]

12. Section 1552.215–72 is removed.

[FR Doc. 96–12628 Filed 5–20–96; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 246, 280, 281, 282, 298,

299, 300, 301, 371, 380, and 695

[Docket No. 960419115–6115–01; I.D.

032196A]

RIN 0648–AI22

International Fisheries; Consolidation

of Regulations

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes to

consolidate 10 CFR parts into one part

that would contain regulations

governing international fisheries in the

U.S. Exclusive Economic Zone (EEZ)

and on the high seas. All but one of the

consolidated parts implement an

international agreement, convention, or

treaty to which the United States is a

party. The consolidated text would be

reorganized into a more logical and

cohesive order, duplicative and

outdated provisions would be

eliminated, and editorial changes would

be made for readability, clarity, and

uniformity. Framework procedures

would be added for the specifications of

annual management measures under

two parts. In addition, an obsolete CFR

part would be removed. The purpose of

this proposed rule is to make the

regulations more concise, better

organized and, therefore, easier for the

public to use. This proposed action is

part of the President’s Regulatory

Reinvention Initiative.

DATES: Comments must be received on

or before June 14, 1996.
25444 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

ADDRESSES: Comments should be sent to

Robert Gorrell, Office of Fisheries

Conservation and Management, NMFS,

1315 East-West Highway, Silver Spring,

MD 20910. Comments regarding burdenhour estimates or other aspects of the

collection-of-information requirements

contained in this rule should be sent to

Robert Gorrell at the above address and

to the Office of Information and

Regulatory Affairs, Office of

Management and Budget, Washington,

DC 20503 (Attention: NOAA Desk

Officer).

FOR FURTHER INFORMATION CONTACT:

Robert Gorrell, 301–713–2343.

SUPPLEMENTARY INFORMATION:

Background

In March 1995, President Clinton

issued a directive to Federal agencies

regarding their responsibilities under

his Regulatory Reinvention Initiative.

This initiative is part of the National

Performance Review and calls for

comprehensive regulatory reform. The

President directed all agencies to

undertake a review of all their

regulations, with an emphasis on

eliminating or modifying those that are

obsolete, duplicative, or otherwise in

need of reform. This proposed rule is

intended to carry out the President’s

directive with respect to those

regulations governing international

fisheries, other than whaling and

Atlantic highly migratory species, under

the jurisdiction of NMFS.

Consolidation of regulations into one

CFR part (50 CFR part 300). Currently,

regulations governing international

fisheries, other than whaling and

Atlantic highly migratory species, are

contained in 11 separate parts of title 50

of the CFR. NMFS is proposing to

remove nine of the parts (parts 246

(Marking of Containers or Packages),

280 (Pacific Tuna Fisheries), 282 (South

Pacific Tuna Fisheries), 298 (United

States-Canada Fisheries Enforcement

Agreement), 299 (U.S. Nationals Fishing

in the Russian Fisheries), 301 (Pacific

Halibut Fisheries), 371 (Fraser River

Sockeye and Pink Salmon Fisheries),

380 (Antarctic Marine Living Resources

Convention Act of 1984), and 695

(Vessels of the United States Fishing in

Columbian Treaty Waters)) and to

consolidate the regulations contained

therein with the existing regulations in

part 300 (High Seas Fisheries). NMFS

also is proposing to eliminate part 281

(Restrictions on Tuna Imports) as no

longer necessary. The consolidated

regulations would provide the public

with a single reference source for the

regulations applying to international

fisheries. Consolidation would result in

one set of regulations that is more

concise, clearer, and easier to use than

the existing regulations found in 11

separate parts.

Reorganization of measures within the

consolidated regulations and

elimination of obsolete or duplicative

provisions. NMFS proposes to simplify

and shorten all the existing

international fisheries regulations and

recodify these in part 300. A subpart A

containing general provisions would be

created with a separate subpart

(subparts B through K) for each of the

10 parts being consolidated. Because

portions of the existing regulations

contain identical or nearly identical

provisions, this rule would combine and

restructure text. Regulatory language

would be revised to improve clarity and

consistency.

Duplicative and obsolete provisions

would be removed. Terms and other

regulatory provisions believed to be

nonessential also would be removed. No

substantive changes, except for those

specifically identified below, are

intended.

This proposed rule includes five types

of substantive revisions. First, proposed

subpart A—General includes a

definitions section (§ 300.2). The

standard for inclusion under general

definitions is that the term have general

applicability throughout the part. All

these terms were moved from one or

more of the existing parts that would be

consolidated. Where a term was defined

similarly in two or more existing parts,

a single definition was selected for

inclusion in § 300.2. Consequently,

definitions for some parts have been

modified slightly, while others are

newly applicable. Some terms in

subpart A are defined differently in

certain other subparts. In those

instances, the definition of the term as

set forth in the program subpart applies

therein, rather than the definition

contained in the general subpart.

Second, proposed subpart A—General

includes both a general prohibitions

section (§ 300.4) and a facilitation of

enforcement section (§ 300.5). The

prohibitions and facilitation of

enforcement sections contain provisions

that are generally applicable to many

situations. One group of prohibitions

deals with the protection of authorized

officers and observers, another group

insures the validity of information and

recordkeeping and assists in

investigations, another protects against

destruction of evidence, and another

prohibits the transportation or

possession of illegally obtained living

marine resources. The prohibitions in

the other subparts contain prohibitions

that are specific to each subpart. The

facilitation of enforcement provisions

are grouped by compliance assurance,

communications, boarding, and signals.

Some subparts have their own

facilitation of enforcement provisions

that are specific to each subpart. The

general provisions were drawn from

several of the existing parts that would

be consolidated; however, these

provisions are newly applicable for

most subparts.

Third, proposed subpart E—Pacific

Halibut Fisheries would greatly reduce

the existing Pacific halibut regulations

by eliminating from codification all but

one of the existing sections containing

management measures and substituting

a new International Pacific Halibut

Commission (IPHC) annual management

measures section (§ 300.62) and a new

catch sharing plan and domestic

management section (§ 300.63). Many of

the definitions also would be removed

from codification, as those terms would

no longer be used in codified text. The

IPHC annual management measures

section would establish a procedure for

the Assistant Administrator for

Fisheries, NMFS (Assistant

Administrator), to publish the IPHC

regulations by single notice in the

Federal Register. The catch sharing plan

section would establish a procedure for

the Assistant Administrator and the

appropriate Regional Fishery

Management Council to develop plans

to apportion catch limits adopted by the

IPHC and implement domestic

management measures by preliminary

and final notices in the Federal

Register. A prohibitions section would

be added to make it unlawful to fish for

halibut except in accordance with the

IPHC’s annual management measures or

in accordance with the Assistant

Administrator’s catch sharing plans and

implementing management measures.

The one existing section that would

remain codified concerns fishing by

U.S. treaty Indian tribes (§ 300.64). All

those management measures adopted by

the IPHC and NMFS and currently in

effect (as codified in the current 50 CFR

part 301 with 1996 revisions published

at 61 FR 11337, March 20, 1996) would

continue in effect until replaced by

management measures in 1997 to be

published in the Federal Register

pursuant to §§ 300.62 and 300.63

proposed by this rule. This substantive

change is discussed in more detail

below.

Fourth, proposed subpart H—

Antarctic Marine Living Resources

would establish a framework procedure

by which NMFS would publish annual

management measures by single notice

in the Federal Register, rather than by

codified rules. These management
Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25445

measures are modified annually and

need not be codified. All those

management measures adopted by the

Commission for the Conservation of

Antarctic Marine Living Resources

(Commission) and published on March

5, 1996 (61 FR 8483), as well as other

Commission measures still in effect,

would continue in effect until replaced

by management measures in 1997 to be

published in the Federal Register under

the proposed framework procedures at

§ 300.111. This substantive change is

discussed in more detail below.

Fifth, the requirements of part 281—

Restrictions on Tuna Imports are

proposed for elimination because they

are no longer necessary. For

approximately 2 decades, there have not

been yellowfin quotas under the

Convention for the Establishment of an

Inter-American Tropical Tuna

Commission that the part 281

regulations were designed to address. If

there were a need in the future for a

tuna quota regime under the InterAmerican Tropical Tuna Commission,

there would be adequate time to

implement such a regulatory scheme.

No quotas are expected in the

foreseeable future.

Decodification of the IPHC’s

Regulations and NMFS’s Catch Sharing

Regulations. Proposed subpart E

contains an annual management

measures section that explains the

process for NMFS publishing IPHC’s

annual management measures by single

notice, with immediate regulatory effect,

in the Federal Register. The annual

management measures would need to be

published by March 15. In addition, the

IPHC makes its regulations available to

fishermen in handbook form. Presently,

IPHC’s regulations are codified. Of the

current codified domestic halibut

management sections, only one section

(Fishing by U.S. Treaty Indian Tribes)

would be retained.

Proposed subpart E also contains a

catch sharing plan section that explains

implementation of catch sharing plans.

It explains the two notice process for

NMFS to implement management

measures under the area 2A catch

sharing plan. The preliminary notice of

management measures would need to be

published by January 1. The public

would be provided a comment period

that extends until after the annual IPHC

meeting when the final catch limits are

announced. The measures will then be

published in a final notice, with

immediate regulatory effect.

By decodifying the IPHC regulations

and NMFS’s catch sharing regulations,

the administration of the management

program would be improved and the

potential for confusion would be

avoided.

The parties to the Convention

between the United States and Canada

for the Preservation of the Halibut

Fishery of the Northern Pacific Ocean

and Bering Sea convene an annual

meeting in January. At the annual

meeting the Commission adopts final

catch limits and other management

measures after considering staff and

industry recommendations and public

testimony. These measures generally are

revised annually. Because title 50 CFR

is published only once a year, reflecting

measures in effect as of the preceding

October 1, many of the measures would

have been superseded and conceivably

could cause confusion. Also, the Office

of the Federal Register prefers not to

codify regulations with limited effect,

i.e., generally a year or less.

Establishment of broad framework

procedures for future Antarctic

regulatory changes. Proposed subpart G

contains framework procedures to

implement annual management

measures by regulatory notice. By

establishing a framework for

implementing management measures

that are adopted annually by the

Commission and agreed to by the

United States, the administration of the

management program would be

improved, the potential for confusion

would be avoided, and the codification

of regulations would be reduced.

The parties to the Convention on the

Conservation of Antarctic Marine Living

Resources meet annually to adopt

conservation and other management

measures to govern fishing and related

activities to be conducted in the

Antarctic region. Following the

conclusion of the meeting, the Secretary

of State publishes a document for public

comment, in the Federal Register, of the

measures adopted by the Commission. If

the United States does not object to the

measures within 90 days of notification

by the Commission, the United States is

bound by those measures. After

considering any public comment on the

measures, the Assistant Administrator

publishes a final rule codifying the

management measures. These measures

generally have a limited effect of

approximately 1 year, when measures

for the succeeding year supersede

current measures. Therefore codification

is not necessary and could cause

confusion. Further, the Office of the

Federal Register prefers not to codify

regulations with limited effect. Under

the framework proposed in this rule,

notification of annual measures would

be published in the Federal Register,

and would have force and effect until

superseded by the next year’s notice,

unless otherwise modified or

withdrawn.

References to Other Proposed Rules.

NMFS, in another rulemaking published

May 1, 1996, at 61 FR 19390, proposed

to consolidate general provisions of the

Magnuson Fishery Conservation and

Management Act into 50 CFR part 600.

Because some of the general provisions

to be consolidated into part 600 apply

to several international fisheries

regulations proposed for consolidation

in this rule, the regulatory text in this

rule includes references to the

consolidated part 600, rather than to

existing codified text.

Request for comments. NMFS

specifically requests comments or

suggestions for further consolidation or

elimination of obsolete or duplicative

provisions contained in the proposed

revision to international fisheries

regulations.

Under NOAA Administrative Order

205–11, 7.01, dated December 17, 1990,

the Under Secretary for Oceans and

Atmosphere has delegated, to the

Assistant Administrator, the authority to

sign material for publication in the

Federal Register.

Classification

This proposed rule has been

determined to be not significant for the

purposes of E.O. 12866.

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration that this

proposed rule, if adopted, would not

have a significant economic impact on

a substantial number of small entities.

The proposed consolidations and

revisions to the existing regulatory text

are intended to make the regulations

more concise, better organized, and

easier for the public to use and would

have little or no economic impact on

any small entities. Applying selected

prohibitions and facilitation of

enforcement provisions to all subparts

could result in improved enforcement of

the regulations, but are not expected to

change fishing practices, costs, or

revenues. As a result, a regulatory

flexibility analysis was not prepared.

This proposed rule contains

collection-of-information requirements

subject to the Paperwork Reduction Act

(PRA) that were previously approved by

the Office of Management and Budget.

Notwithstanding any other provision

of the law, no person is required to

respond to, nor shall any person be

subject to a penalty for failure to comply

with a collection of information, subject

to the requirements of the PRA, unless
25446 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

that collection of information displays a

currently valid OMB Control Number.

The following collection-ofinformation requirements have been

approved by OMB for international

fisheries regulations under the following

approval numbers:

(a) Approved under 0648–0304—High

seas fisheries, vessel permits (§ 300.13),

estimated at .5 hours per response.

(b) Approved under 0648–0148—

Pacific tuna fisheries, yellowfin tuna

recordkeeping and written reports

(§ 300.22), estimated at .1 hours per

response.

(c) Approved under 0648–0202—

Pacific bluefin tuna dealer permits

(§ 300.24), estimated at .083 hours per

response.

(d) Approved under 0648–0239—

Pacific bluefin tuna dealer

recordkeeping and reporting (§ 300.25),

estimated at .25 hours per response.

(e) Approved under 0648–0239—

Pacific tuna fisheries, Pacific bluefin

tuna affixing of tags (§ 300.26(c)),

estimated at .017 hours per response.

(f) Approved under 0648–0239—

Pacific tuna fisheries, Pacific bluefin

tuna removal of tags (§ 300.26(d)),

estimated at .017 hours per response.

(g) Approved under 0648–0218—

South Pacific tuna fisheries, vessel

licenses (§ 300.32), estimated at .25

hours per response.

(h) Approved under 0648–0306—

South Pacific tuna fisheries, reporting

requirements (§ 300.34), estimated at .25

hours per marking.

(i) Approved under 0648–0306—

South Pacific tuna fisheries, vessel and

gear identification (§ 300.35), estimated

at .25 hours per marking.

(j) Approved under 0648–0194—

Antarctic marine living resources,

procedure for according protection to

CCAMLR ecosystem monitoring

program sites, general (§ 300.103(a)),

estimated at 1 hour per response.

(k) Approved under 0648–0194—

Antarctic marine living resources,

scientific research (§ 300.104(d)),

estimated at 80 hours per response.

(l) Approved under 0648–0194—

Antarctic marine living resources,

scientific research (§ 300.104(e)),

estimated at .25 hours per response.

(m) Approved under 0648–0194—

Antarctic marine living resources,

initiating a new fishery (§ 300.105(c)),

estimated at 16 hours per response.

(n) Approved under 0648–0194—

Antarctic marine living resources,

exploratory fishing (§ 300.106(e)),

estimated at 40 hours per response.

(o) Approved under 0648–0306—

Antarctic marine living resources, vessel

identification (§ 300.108(a)), estimated

at .25 hours per marking.

(p) Approved under 0648–0305—

Antarctic marine living resources, gear

identification (§ 300.108(c)), estimated

at .25 hours per marking.

(q) Approved under 0648–0194—

Antarctic marine living resources,

harvesting permits (§ 300.112),

estimated at .5 hours per response.

(r) Approved under 0648–0194—

Antarctic marine living resources,

import permits (§ 300.113), estimated at

.5 hours per response.

(s) Approved under 0648–0205—

Vessels of the United States fishing in

Colombian Treaty waters, certificates

and permits (§ 300.123), estimated at .33

hours per response.

(t) Approved under 0648–0016—

Vessels of the United States fishing in

Colombian Treaty waters, recordkeeping

and reporting (§ 300.124(b)), estimated

at .22 hours per response.

(u) Approved under 0648–0306—

Vessels of the United States fishing in

Colombian Treaty waters, vessel

identification (§ 300.125), estimated at

.25 hours per marking.

(v) Approved under 0648–0228—U.S.

nationals fishing in Russian fisheries,

permit procedures (§ 300.152),

estimated at .5 hours per response.

(w) Approved under 0648–0228—U.S.

nationals fishing in Russian fisheries,

permit issuance, copies (§ 300.153(b)),

estimated at .167 hours per response.

(x) Approved under 0648–0228—U.S.

nationals fishing in Russian fisheries,

recordkeeping and reporting, vessel

permit abstract report (§ 300.154(b)),

estimated at .5 hours per response.

(y) Approved under 0648–0228—U.S.

nationals fishing in Russian fisheries,

recordkeeping and reporting, activity

reports (§ 300.154(c)), estimated at .5

hours per response.

(z) Approved under 0648–0228—U.S.

nationals fishing in Russian fisheries,

recordkeeping and reporting,

recordkeeping (§ 300.154(d)), estimated

at .083 hours per response.

The estimated response times shown

include the time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection of information.

Send comments regarding burden

estimates, or any other aspect of the data

requirements, including suggestions for

reducing the burden, to NMFS and OMB

(see ADDRESSES).

List of Subjects

50 CFR Part 246

Exports, Fish, Imports, Labeling,

Reporting and recordkeeping

requirements, Transportation, Wildlife.

50 CFR Parts 280 and 282

Fisheries, Reporting and

recordkeeping requirements, Treaties.

50 CFR Part 281

Fisheries, Imports, Treaties.

50 CFR Part 298

Canada, Fisheries, Treaties.

50 CFR Part 299

Fisheries, Reporting and

recordkeeping requirements, Russian

Federation, Treaties.

50 CFR Part 300

Fisheries, High seas fishing,

International agreements, Reporting and

recordkeeping requirements, Permits.

50 CFR Parts 301 and 695

Fisheries, Fishing, Reporting and

recordkeeping requirements, Treaties.

50 CFR Part 371

Canada, Fisheries, Fishing, Indians,

Treaties.

50 CFR Part 380

Administrative practice and

procedure, Antarctica, Fish, Imports,

Marine resources, Reporting and

recordkeeping requirements, Treaties,

Wildlife.

Dated: May 13, 1996.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, chapters II, III, and VI are

proposed to be amended as follows:

CHAPTER II—NATIONAL MARINE

FISHERIES SERVICE, NATIONAL OCEANIC

AND ATMOSPHERIC ADMINISTRATION,

DEPARTMENT OF COMMERCE

PARTS 246, 280, 281, 282, 298, AND

299 [REMOVED]

1. Under the authority of 16 U.S.C.

3371–3378, 16 U.S.C. 951–961 and 971

et seq., 16 U.S.C. 973–973r, and 16

U.S.C. 1801 et seq., 50 CFR parts 246,

280, 281, 282, 298, and 299 are removed

and subchapter L is vacated.

2. Chapter III is revised to read as

follows:

CHAPTER III—INTERNATIONAL FISHING

AND RELATED ACTIVITIES

PART 300—INTERNATIONAL FISHERIES

REGULATIONS

Subpart A—General

Sec.

300.1 Purpose and scope.

300.2 Definitions.

300.3 Relation to other laws.

300.4 General prohibitions.

300.5 Facilitation of enforcement.
Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25447

Subpart B—High Seas Fisheries

300.10 Purpose.

300.11 Definitions.

300.12 Issuing offices.

300.13 Vessel permits.

300.14 Vessel and gear identification.

[Reserved]

300.15 Prohibitions.

300.16 Penalties.

300.17 Reporting and recordkeeping.

[Reserved]

Subpart C—Pacific Tuna Fisheries

300.20 Purpose and scope.

300.21 Definitions.

300.22 Yellowfin Tuna—Recordkeeping

and written reports.

300.23 Yellowfin Tuna—Persons and

vessels exempted.

300.24 Pacific Bluefin Tuna—Dealer

permits.

300.25 Pacific Bluefin Tuna—Dealer

recordkeeping and reporting.

300.26 Pacific Bluefin Tuna—Tags.

300.27 Pacific Bluefin Tuna—

Documentation requirements.

300.28 Pacific Bluefin Tuna—Prohibitions.

Subpart D—South Pacific Tuna Fisheries

300.30 Purpose and scope.

300.31 Definitions.

300.32 Vessel licenses.

300.33 Compliance with applicable

national laws.

300.34 Reporting requirements.

300.35 Vessel and gear identification.

300.36 Closed area stowage requirements.

300.37 Radio monitoring.

300.38 Prohibitions.

300.39 Exceptions.

300.40 Civil penalties.

300.41 Investigation notification.

300.42 Findings leading to removal from

fishing area.

300.43 Observers.

300.44 Other inspections.

Subpart E—Pacific Halibut Fisheries

300.60 Purpose and scope.

300.61 Definitions.

300.62 Annual management measures.

300.63 Catch sharing plans and domestic

management measures.

300.64 Fishing by U.S. treaty Indian tribes.

300.65 Prohibitions.

Subpart F—Fraser River Sockeye and Pink

Salmon Fisheries

300.90 Purpose and scope.

300.91 Definitions.

300.92 Relation to other laws.

300.93 Reporting requirements.

300.94 Prohibitions and restrictions.

300.95 Treaty Indian fisheries.

300.96 Penalties.

300.97 Inseason orders.

Subpart G—Antarctic Marine Living

Resources

300.100 Purpose and scope.

300.101 Definitions.

300.102 Relationship to other treaties,

conventions, laws, and regulations.

300.103 Procedure for according protection

to CCAMLR Ecosystem Monitoring

Program Sites.

300.104 Scientific research.

300.105 Initiating a new fishery.

300.106 Exploratory fisheries.

300.107 Reporting and recordkeeping

requirements.

300.108 Vessel and gear identification.

300.109 Gear disposal.

300.110 Mesh size.

300.111 Framework for annual management

measures.

300.112 Harvesting permits.

300.113 Import permits.

300.114 Appointment of a designated

representative.

300.115 Prohibitions.

300.116 Facilitation of enforcement and

inspection.

300.117 Penalties.

Figure 1 to Subpart G—Boundaries of the

Statistical Reporting Area in the Southern

Ocean

Figure 2 to Subpart G—The Use of

Streamer Lines to Minimize the Incidental

Mortality of Seabirds in the Course of

Longline Fishing or Longline Fishing

Research Operations in the Convention Area

Subpart H—Vessels of the United States

Fishing in Colombian Treaty Waters

300.120 Purpose.

300.121 Definitions.

300.122 Relation to other laws.

300.123 Certificates and permits.

300.124 Recordkeeping and reporting.

300.125 Vessel identification.

300.126 Prohibitions.

300.127 Facilitation of enforcement.

300.128 Penalties.

300.129 Fishing year.

300.130 Vessel and gear restrictions.

300.131 Conch harvest limitations.

300.132 Lobster harvest limitations.

Subpart I—United States-Canada Fisheries

Enforcement

300.140 Purpose and scope.

300.141 Definitions.

300.142 Prohibitions.

300.143 Facilitation of enforcement.

300.144 Penalties and sanctions.

Subpart J—U.S. Nationals Fishing in

Russian Fisheries

300.150 Purpose.

300.151 Definitions.

300.152 Procedures.

300.153 Permit issuance.

300.154 Recordkeeping and reporting.

300.155 Requirements.

300.156 Prohibited acts.

300.157 Penalties.

Subpart K—Transportation and Labeling of

Fish or Wildlife

300.160 Requirement for marking of

containers or packages.

300.161 Alternatives and exceptions.

Subpart A—General

Authority: 16 U.S.C. 773 et seq.; 16 U.S.C.

951–961 and 971 et seq.; 16 U.S.C. 973–973r;

16 U.S.C. 2431 et seq.; 16 U.S.C. 3371–3378;

16 U.S.C. 3636(b); 16 U.S.C. 5501 et seq.; and

16 U.S.C. 1801 et seq.

§ 300.1 Purpose and scope.

The purpose of this part is to

implement the fishery conservation and

management measures provided for in

the international treaties, conventions,

or agreements specified in each subpart,

as well as certain provisions of the

Lacey Act Amendments of 1981. The

regulations in this part apply, except

where otherwise specified in this part,

to all persons and all places subject to

the jurisdiction of the United States

under the acts implemented under each

subpart.

§ 300.2 Definitions.

In addition to the definitions in each

act, agreement, convention, or treaty

specified in subparts B through K of this

part, the terms used in this part have the

following meanings:

Assistant Administrator means the

Assistant Administrator for Fisheries,

National Oceanic and Atmospheric

Administration, Department of

Commerce, or a designee. Address:

Room 14555, 1315 East-West Highway,

Silver Spring, MD 20910.

Authorized officer means:

(1) Any commissioned, warrant, or

petty officer of the U.S. Coast Guard; or

any U.S. Coast Guard personnel

accompanying and acting under the

direction of a commissioned, warrant, or

petty officer of the U.S. Coast Guard;

(2) Any special agent or fisheries

enforcement officer of NMFS; or

(3) Any person designated by the head

of any Federal or state agency that has

entered into an agreement with the

Secretary of Commerce or the

Commandant of the U.S. Coast Guard to

enforce the provisions of any statute

administered by the Secretary.

CCAMLR inspector means a person

designated by a member of the

Commission for the Conservation of

Antarctic Marine Living Resources as an

inspector under Article XXIV of the

Convention on the Conservation of

Antarctic Marine Living Resources to

verify compliance with measures in

effect under the Convention.

Director, Alaska Region, means

Director, Alaska Region, NMFS, 709

West Ninth Street, Suite 401, P.O. Box

21668, Juneau, AK 99802, or a designee.

Director, Northeast Region, means

Director, Northeast Region, NMFS, One

Blackburn Drive, Gloucester, MA

01930–2298, or a designee.

Director, Northwest Region, means

Director, Northwest Region, NMFS,

7600 Sand Point Way, NE., BIN C15700,

Bldg. 1, Seattle, WA 98115, or a

designee.

Director, Southeast Fisheries Science

Center, means Director, Science and

Research, Southeast Fisheries Science
25448 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

Center, NMFS, 75 Virginia Beach Drive,

Miami, FL 33149, or a designee.

Director, Southeast Region, means

Director, Southeast Region, NMFS, 9721

Executive Center Drive, N., St.

Petersburg, FL 33702, or a designee.

Director, Southwest Region, means

Director, Southwest Region, NMFS, 501

West Ocean Boulevard, Suite 4200,

Long Beach, CA 90802–4213, or a

designee.

Exclusive Economic Zone or EEZ

means the zone established by

Presidential Proclamation 5030, dated

March 10, 1983, as defined in 16 U.S.C.

1802(6).

Fishing or to fish means:

(1) The catching or taking of fish;

(2) The attempted catching or taking

of fish;

(3) Any other activity that can

reasonably be expected to result in the

catching or taking of fish; or

(4) Any operations at sea in support

of, or in preparation for, any activity

described in paragraphs (1) through (3)

of this definition.

Fishing vessel means any vessel, boat,

ship, or other craft that is used for,

equipped to be used for, or of a type

normally used for fishing.

IATTC means the Inter-American

Tropical Tuna Commission, established

pursuant to the Convention for the

Establishment of an Inter-American

Tropical Tuna Commission.

Import means to land on, bring into,

or introduce into, or attempt to land on,

bring into, or introduce into, any place

subject to the jurisdiction of the United

States, whether or not such landing,

bringing, or introduction, constitutes an

importation within the meaning of the

customs laws of the United States.

IRCS means International Radio Call

Sign.

Magnuson Act means the Magnuson

Fishery Conservation and Management

Act, 16 U.S.C. 1801 et seq.

National of the United States or U.S.

national means any person subject to

the jurisdiction of the United States,

including, but not limited to, a citizen

or resident of the United States, or a

person employed on a vessel of the

United States. In the case of a

corporation, partnership or other nonnatural person, this includes, but is not

limited to, any entity that is the owner

of a vessel of the United States.

NMFS means the National Marine

Fisheries Service, NOAA, Department of

Commerce.

NMFS Headquarters means NMFS,

135 East-West Highway, Silver Spring,

MD 20910. Attention: Office of Fisheries

Conservation and Management.

Official number means the

documentation number issued by the

USCG or the certificate number issued

by a state or the USCG for an

undocumented vessel, or any equivalent

number if the vessel is registered in a

foreign nation.

Operator means, with respect to any

vessel, the master or other individual

aboard and in charge of that vessel.

Owner means, with respect to any

vessel:

(1) Any person who owns that vessel

in whole or part (whether or not the

vessel is leased or chartered);

(2) Any charterer of the vessel,

whether bareboat, time, or voyage;

(3) Any person who acts in the

capacity of a charterer, including but

not limited to parties to a management

agreement, operating agreement, or any

similar agreement that bestows control

over the destination, function, or

operation of the vessel; or

(4) Any agent designated as such by

a person described in this definition.

Person means any individual

(whether or not a citizen or national of

the United States), any corporation,

partnership, association, or other entity

(whether or not organized, or existing

under the laws of any state), and any

Federal, state, local, or foreign

government or any entity of any such

government.

Secretary means the Secretary of

Commerce or a designee.

USCG means the United States Coast

Guard.

Yellowfin tuna means any fish of the

species Thunnus albacares (synonomy:

Neothunnus macropterus).

§ 300.3 Relation to other laws.

Other laws that may apply to fishing

activities addressed herein are set forth

in § 600.705 of this chapter.

§ 300.4 General prohibitions.

It is unlawful for any person subject

to the jurisdiction of the United States

to:

(a) Violate the conditions or

restrictions of a permit issued under this

part.

(b) Fail to submit information, fail to

submit information in a timely manner,

or submit false or inaccurate

information, with respect to any

information required to be submitted,

reported, communicated, or recorded

pursuant to this part.

(c) Make any false statement, oral or

written, to an authorized officer

concerning the catching, taking,

harvesting, possession, landing,

purchase, sale, or transfer of fish, or

concerning any other matter subject to

investigation by that officer under this

part.

(d) Conceal any material fact

(including by omission), concerning any

matter subject to investigation by an

authorized officer under this part.

(e) Refuse to allow an authorized

officer to inspect any report or record

required to be made or kept under this

part.

(f) Falsify, cover, or otherwise

obscure, the name, home port, official

number (if any), or any other similar

marking or identification of any fishing

vessel subject to this part such that the

vessel cannot be readily identified from

an enforcement vessel or aircraft.

(g) Fail to comply immediately with

any of the enforcement and boarding

procedures specified in this part.

(h) Refuse to allow an authorized

officer to board a fishing vessel, or enter

any other area of custody (i.e., any

vessel, building, vehicle, live car,

pound, pier, or dock facility where fish

might be found) subject to such person’s

control, for the purpose of conducting

any inspection, search, seizure,

investigation, or arrest in connection

with the enforcement of this part or any

other applicable law.

(i) Destroy, stave, or dispose of in any

manner, any fish, gear, cargo, or other

matter, upon any communication or

signal from an authorized officer of the

United States, or upon the approach of

such an officer, enforcement vessel, or

aircraft, before the officer has had the

opportunity to inspect same, or in

contravention of directions from such

an officer.

(j) Intentionally destroy evidence that

could be used to determine if a violation

of this part has occurred.

(k) Assault, resist, oppose, impede,

intimidate, threaten, obstruct, delay,

prevent, or interfere, in any manner,

with an authorized officer in the

conduct of any boarding, inspection,

search, seizure, investigation, or arrest

in connection with enforcement of this

part.

(l) Resist a lawful arrest or detention

for any act prohibited by this part.

(m) Interfere with, delay, or prevent,

by any means, the apprehension, arrest,

or detection of another person, knowing

that such person has committed any act

prohibited by this part.

(n) Interfere with, obstruct, delay, or

prevent, by any means, an investigation,

search, seizure, or disposition of seized

property in connection with

enforcement of this part.

(o) Ship, transport, offer for sale, sell,

purchase, import, export, or have

custody, control, or possession of, any

living marine resource taken or retained

in violation of this part.

(p) Violate any provision of any

statute implemented by this part.

(q) Attempt to do any of the foregoing.
Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25449

§ 300.5 Facilitation of enforcement.

(a) Compliance. The operator of, or

any other person aboard, any fishing

vessel subject to this part must

immediately comply with instructions

and signals issued by an authorized

officer or CCAMLR inspector to stop the

vessel, and with instructions to facilitate

safe boarding and inspection of the

vessel, its gear, equipment, fishing

record (where applicable), and catch for

purposes of enforcing this part.

(b) Communications. (1) Upon being

approached by a USCG vessel or

aircraft, or other vessel or aircraft with

an authorized officer or CCAMLR

inspector aboard, the operator of a

fishing vessel must be alert for

communications conveying enforcement

instructions.

(2) VHF–FM radiotelephone is the

preferred method of communicating

between vessels. If the size of the vessel

and the wind, sea, and visibility

conditions allow, a loudhailer may be

used instead of the radio. Hand signals,

placards, high frequency

radiotelephone, voice, flags, whistle or

horn may be employed by an authorized

officer or CCAMLR inspector, and

message blocks may be dropped from an

aircraft.

(3) If other communications are not

practicable, visual signals may be

transmitted by flashing light directed at

the vessel signaled. USCG units will

normally use the flashing light signal

‘‘L’’ which, in the International Code of

Signals, means ‘‘you should stop your

vessel instantly.’’

(4) Failure of a vessel’s operator

promptly to stop the vessel when

directed to do so by an authorized

officer or CCAMLR inspector, or by an

enforcement vessel or aircraft, using

loudhailer, radiotelephone, flashing

light, flags, whistle, horn or other means

constitutes prima facie evidence of the

offense of refusal to allow an authorized

officer or CCAMLR inspector to board.

(5) A person aboard a vessel who does

not understand a signal from an

enforcement unit and who is unable to

obtain clarification by loudhailer or

radiotelephone must consider the signal

to be a command to stop the vessel

immediately.

(c) Boarding. The operator of a vessel

directed to stop must:

(1) Monitor Channel 16, VHF–FM, if

so equipped.

(2) Stop immediately and lay to or, if

appropriate and/or directed to do so by

the authorized officer or CCAMLR

inspector, maneuver in such a way as to

allow the safe boarding of the vessel by

the authorized officer or CCAMLR

inspector and the boarding party.

(3) Except for those vessels with a

freeboard of 4 ft (1.25 m) or less, provide

a safe ladder, if needed, for the

authorized officer or CCAMLR inspector

and boarding party to come aboard.

(4) When necessary to facilitate the

boarding or when requested by an

authorized officer or CCAMLR

inspector, provide a manrope or safety

line, and illumination for the ladder.

(5) Take such other actions as

necessary to facilitate boarding and to

ensure the safety of the authorized

officer or CCAMLR inspector and the

boarding party.

(d) Signals. The following signals,

extracted from the International Code of

Signals, may be sent by flashing light by

an enforcement unit when conditions

do not allow communications by

loudhailer or radiotelephone.

Knowledge of these signals by vessel

operators is not required. However,

knowledge of these signals and

appropriate action by a vessel operator

may preclude the necessity of sending

the signal ‘‘L’’ and the necessity for the

vessel to stop instantly.

(1) ‘‘AA’’ repeated (.– .–) is the call to

an unknown station. The operator of the

signaled vessel should respond by

identifying the vessel by radiotelephone

or by illuminating the vessel’s

identification.

(2) ‘‘RY–CY’’ (.–. –.– – –.–. –.– –)

means ‘‘you should proceed at slow

speed, a boat is coming to you.’’ This

signal is normally employed when

conditions allow an enforcement

boarding without the necessity of the

vessel being boarded coming to a

complete stop, or, in some cases,

without retrieval of fishing gear that

may be in the water.

(3) ‘‘SQ3’’ (... – –.– ...– –) means ‘‘you

should stop or heave to; I am going to

board you.’’

Subpart B—High Seas Fisheries

Authority: 16 U.S.C. 5501 et seq.

§ 300.10 Purpose.

This subpart implements the High

Seas Fishing Compliance Act of 1995

(Act), which requires the Secretary to

license U.S. vessels fishing on the high

seas.

§ 300.11 Definitions.

In addition to the terms defined in

§ 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 § 300.2,

the Act, or the Agreement, the definition

in this section shall apply.

High seas means the waters beyond

the territorial sea or exclusive economic

zone (or the equivalent) of any Nation,

to the extent that such territorial sea or

exclusive economic zone (or the

equivalent) is recognized by the United

States.

High seas fishing vessel means any

vessel of the United States used or

intended for use on the high seas for the

purpose of the commercial exploitation

of living marine resources as a

harvesting vessel, mothership, or any

other support vessel directly engaged in

a fishing operation.

International conservation and

management measures means measures

to conserve or manage one or more

species of living marine resources that

are adopted and applied in accordance

with the relevant rules of international

law, as reflected in the 1982 United

Nations Convention on the Law of the

Sea, and that are recognized by the

United States.

Regional Director means any one of

the Directors of the five NMFS regional

offices, defined under § 300.2, serving as

the issuing office.

§ 300.12 Issuing offices.

Any Regional Director may issue

permits required under this subpart.

While applicants for permits may

submit an application to any Regional

Director, applicants are encouraged to

submit their applications (with

envelopes marked ‘‘Attn: HSFCA

Permits’’) to the Regional Director with

whom they normally interact on

fisheries matters.

§ 300.13 Vessel permits.

(a) Eligibility. (1) Except for vessels

having unpaid or overdue civil

penalties, criminal fines, or other

liabilities incurred in a judicial

proceeding under any statute

administered by NOAA, any high seas

fishing vessel of the United States is

eligible to receive a permit under this

subpart, unless the vessel was

previously authorized to be used for

fishing on the high seas by a foreign

nation, and—

(i) The foreign nation suspended such

authorization, because the vessel

undermined the effectiveness of

international conservation and

management measures, and the

suspension has not expired; or

(ii) The foreign nation, within the 3

years preceding application for a permit

under this section, withdrew such

authorization, because the vessel
25450 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

undermined the effectiveness of

international conservation and

management measures.

(2) The restrictions in paragraphs

(a)(1) (i) and (ii) of this section do not

apply if ownership of the vessel has

changed since the vessel undermined

the effectiveness of international

conservation and management

measures, and the new owner has

provided sufficient evidence to the

Regional Director demonstrating that the

owner and operator at the time the

vessel undermined the effectiveness of

such measures has no further legal,

beneficial, or financial interest in, or

control of, the vessel.

(3) The restrictions in paragraphs

(a)(1) (i) and (ii) of this section do not

apply if it is determined by the Regional

Director that issuing a permit would not

subvert the purposes of the Agreement.

(b) Application forms. The owner or

operator of a high seas fishing vessel

may apply for a permit under this

subpart by completing an application

form. Applicants may obtain an

application form from a Regional

Director.

(c) Application information. An

applicant must submit a complete and

accurate permit application, signed by

the owner or operator, to the

appropriate Regional Director.

(d) Fees. NMFS will charge a fee to

recover the administrative expenses of

permit issuance. The amount of the fee

will be determined in accordance with

the procedures of the NOAA Finance

Handbook, available from a Regional

Director, for determining administrative

costs of each special product or service.

The fee is specified with the application

form. The appropriate fee must

accompany each application. Failure to

pay the fee will preclude issuance of the

permit. Payment by a commercial

instrument later determined to be

insufficiently funded will invalidate any

permit.

(e) Issuance. (1) Except as provided in

subpart D of 15 CFR part 904, the

Regional Director will issue a permit,

which will include appropriate

conditions or restrictions, within 30

days of receipt of a completed

application and payment of the

appropriate fee.

(2) The Regional Director will notify

the applicant of any deficiency in the

application.

(f) Validity. Permits issued under this

subpart are valid for 5 years from the

date of issuance. Renewal of a permit

prior to its expiration is the

responsibility of the permit holder. For

a permit to remain valid to its expiration

date, the vessel’s USCG documentation

or state registration must be kept

current. A permit issued under this

subpart is void when the name of the

owner or vessel changes, or in the event

the vessel is no longer eligible for U.S.

documentation, such documentation is

revoked or denied, or the vessel is

removed from such documentation.

(g) Change in application information.

Any changes in vessel documentation

status or other permit application

information must be reported to the

Regional Director in writing within 15

days of such changes.

(h) Transfer. A permit issued under

this subpart is not transferable or

assignable to another vessel or owner; it

is valid only for the vessel and owner

to which it is issued.

(i) Display. A valid permit, or a copy

thereof, issued under this subpart must

be on board the vessel while operating

on the high seas and available for

inspection by an authorized officer.

Faxed copies of permits are acceptable.

§ 300.14 Vessel and gear identification.

[Reserved]

§ 300.15 Prohibitions.

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) Use a high seas fishing vessel on

the high seas, unless the vessel has on

board a valid permit issued under

§ 300.13.

§ 300.16 Penalties.

Any person or high seas fishing vessel

found to be in violation of the Act, this

subpart, or any permit issued under this

subpart will be subject to the civil and

criminal penalty provisions, permit

sanctions, and forfeiture provisions

prescribed in the Act, 15 CFR part 904

(Civil Procedures), and other applicable

laws.

§ 300.17 Reporting and recordkeeping.

[Reserved]

Subpart C—Pacific Tuna Fisheries

Authority: 16 U.S.C. 951–961 and 971 et

seq.

§ 300.20 Purpose and scope.

The regulations in this subpart

implement the Tuna Conventions Act of

1950 (Act), the Atlantic Tunas

Convention Act of 1975, and the IATTC

recommendations for the conservation

of yellowfin tuna and the

recommendations of the International

Commission for the Conservation of

Atlantic Tunas for the conservation of

bluefin tuna, so far as they affect vessels

and persons subject to the jurisdiction

of the United States.

§ 300.21 Definitions.

In addition to the terms defined in

§ 300.2, in the Act, the Convention for

the Establishment of an Inter-American

Tropical Tuna Commission, and the

International Convention for the

Conservation of Atlantic Tunas, the

terms used in this subpart have the

following meanings. If a term is defined

differently in § 300.2, the Act, or the

Conventions, the definition in this

section shall apply.

Bluefin tuna means the fish species

Thunnus thynnus that is found in any

ocean area.

Fishing vessel means any vessel, boat,

ship, or other craft that is used for,

equipped to be used for, or of a type that

is normally used for fishing or for

assisting or supporting a vessel engaged

in fishing, except purse seine skiffs.

Pacific bluefin tuna means the

subspecies of bluefin tuna Thunnus

thynnus orientalis that is found in the

Pacific Ocean.

Regional Director means the Director,

Southwest Region.

Tag means the flexible, self-locking

ribbon issued by the NMFS for the

identification of bluefin tuna under

§ 300.26 or § 285.30 of this chapter.

§ 300.22 Yellowfin tuna—Recordkeeping

and written reports.

The master or other person in charge

of a fishing vessel, or a person

authorized in writing to serve as the

agent for either person, must keep an

accurate log of all operations conducted

from the fishing vessel, entering for each

day the date, noon position (stated in

latitude and longitude or in relation to

known physical features), and the

tonnage of fish on board, by species.

The record and bridge log maintained at

the request of the IATTC shall be

sufficient to comply with this

paragraph, provided the items of

information specified are accurately

entered in the log.

§ 300.23 Yellowfin tuna—Persons and

vessels exempted.

This subpart does not apply to:

(a) Any person or vessel authorized by

the IATTC, the Assistant Administrator,

or any state of the United States to

engage in fishing for research purposes.

(b) Any person or vessel engaged in

sport fishing for personal use.

§ 300.24 Pacific bluefin tuna—Dealer

permits.

(a) General. A dealer importing

Pacific bluefin tuna, or purchasing or

receiving for export Pacific bluefin tuna

first landed in the United States, must
Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25451

have a valid permit issued under this

section.

(b) Application. A dealer must apply

for a permit in writing on an appropriate

form obtained from the Regional

Director. The application must be

signed by the dealer and be submitted

to the Regional Director at least 30 days

before the date upon which the dealer

desires to have the permit made

effective. The application must contain

the following information: Company

name, principal place of business,

owner’s or owners’ names, applicant’s

name (if different from owner or

owners) and mailing address and

telephone number, and any other

information required by the Regional

Director.

(c) Issuance. (1) Except as provided in

subpart D of 15 CFR part 904, the

Regional Director will issue a permit

within 30 days of receipt of a completed

application.

(2) The Regional Director will notify

the applicant of any deficiency in the

application. If the applicant fails to

correct the deficiency within 15 days

following the date of notification, the

application will be considered

abandoned.

(d) Duration. Any permit issued

under this section is valid until

December 31 of the year for which it is

issued, unless suspended or revoked.

(e) Alteration. Any permit that is

substantially altered, erased, or

mutilated is invalid.

(f) Replacement. The Regional

Director may issue replacement permits.

An application for a replacement permit

is not considered a new application.

(g) Transfer. A permit issued under

this section is not transferable or

assignable; it is valid only for the dealer

to whom it is issued.

(h) Inspection. The dealer must keep

the permit issued under this section at

his/her principal place of business. The

permit must be displayed for inspection

upon request of any authorized officer,

or any employee of NMFS designated by

the Regional Director for such purpose.

(i) Sanctions. The Assistant

Administrator may suspend, revoke,

modify, or deny a permit issued or

sought under this section. Procedures

governing permit sanctions and denials

are found at subpart D of 15 CFR part

904.

(j) Fees. The Regional Director may

charge a fee to recover the

administrative expenses of permit

issuance. The amount of the fee is

calculated, at least annually, in

accordance with the procedures of the

NOAA Finance Handbook, available

from the Regional Director, for

determining administrative costs of each

special product or service. The fee may

not exceed such costs and is specified

on each application form. The

appropriate fee must accompany each

application. Failure to pay the fee will

preclude issuance of the permit.

Payment by a commercial instrument

later determined to be insufficiently

funded shall invalidate any permit.

(k) Change in application

information. Within 15 days after any

change in the information contained in

an application submitted under this

section, the dealer issued a permit must

report the change to the Regional

Director in writing. The permit is void

if any change in information is not

reported within 15 days.

§ 300.25 Pacific bluefin tuna—Dealer

recordkeeping and reporting.

Any person issued a dealer permit

under § 300.24:

(a) Must submit to the Regional

Director a biweekly report on bluefin

imports and exports on forms supplied

by NMFS.

(1) The report required by this

paragraph (a) must be postmarked and

mailed at the dealer’s expense within 10

days after the end of each 2-week

reporting period in which Pacific

bluefin tuna were exported. The

biweekly reporting periods are defined

as the first day to the 14th day of each

month and the 15th day to the last day

of the month.

(2) Each report must specify

accurately and completely for each tuna

or each shipment of bulk-frozen tuna

exported: Date of landing or import; any

tag number (if so tagged); weight in

kilograms (specify if round or dressed);

and any other information required by

the Regional Director. At the top of each

form, the company’s name, license

number, and the name of the person

filling out the report must be specified.

In addition, the beginning and ending

dates of the 2-week reporting period

must be specified by the dealer and

noted at the top of the form.

(b) Must allow an authorized officer,

or any employee of NMFS designated by

the Regional Director for this purpose,

to inspect and copy any records of

transfers, purchases, or receipts of

Pacific bluefin tuna.

(c) Must retain at his/her principal

place of business a copy of each

biweekly report for a period of 2 years

from the date on which it was submitted

to the Regional Director.

§ 300.26 Pacific bluefin tuna—tags.

(a) Issuance. The Regional Director

will issue numbered tags to each person

receiving a dealer’s permit under

§ 300.24.

(b) Transfer. Tail tags issued under

this section are not transferable and are

usable only by the permitted dealer to

whom they are issued.

(c) Affixing tags. At the discretion of

dealers permitted under § 300.24, a tag

issued under paragraph (a) of this

section may be affixed to each Pacific

bluefin tuna purchased or received by

the dealer. If so tagged, the tag must be

affixed to the tuna between the fifth

dorsal finlet and the keel and tag

numbers must be recorded on NMFS

reports required by § 300.25(a) and any

documents accompanying the shipment

of Pacific bluefin tuna for domestic

commercial use or export.

(d) Removal. An NMFS-issued tag

affixed to any Pacific bluefin tuna at the

option of any permitted dealer under

paragraph (c) of this section or any tag

affixed to any Pacific bluefin tuna to

meet the requirements of

§ 285.202(a)(6)(v) of this chapter must

remain on the tuna until the tuna is cut

into portions. If the tuna or tuna parts

subsequently are packaged for transport

for domestic commercial use or for

export, the tag number must be written

legibly and indelibly on the outside of

any package or container.

(e) Reuse. Tags issued under this

section are separately numbered and

may be used only once, one tail tag per

fish, to distinguish the purchase of one

Pacific bluefin tuna. Once affixed to a

tuna or recorded on any package,

container or report, a tail tag and

associated number may not be reused.

§ 300.27 Pacific bluefin tuna—

documentation requirements.

Bluefin tuna imported into, or

exported or re-exported from the

customs territory of the United States is

subject to the documentation

requirements specified in part 285 of

this chapter (§§ 285.200–285.203).

§ 300.28 Pacific bluefin tuna—prohibitions.

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) Import Pacific bluefin tuna or

purchase or receive for export Pacific

bluefin tuna first landed in the United

States without a valid dealer permit

issued under § 300.24.

(b) Remove any NMFS-issued tag

affixed to any Pacific bluefin tuna at the

option of any permitted dealer or any

tag affixed to a Pacific bluefin tuna to

meet the requirements of

§ 285.202(a)(6)(v) of this chapter, before

removal is allowed under § 300.26, or

fail to write the tag number on the

shipping package or container as

specified in § 300.26.
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(c) Reuse any NMFS-issued tag affixed

to a Pacific bluefin tuna at the option of

a permitted dealer or any tag affixed to

a Pacific bluefin tuna to meet the

requirements of § 285.202(a)(6)(v) of this

chapter or reuse any tag number

previously written on a shipping

package or container as prescribed by

§ 300.26.

Subpart D—South Pacific Tuna

Fisheries

Authority: 16 U.S.C. 973–973r.

§ 300.30 Purpose and scope.

This subpart implements the South

Pacific Tuna Act of 1988 (Act) and the

Treaty on Fisheries Between the

Governments of Certain Pacific Island

States and the Government of the

United States of America (Treaty) and

applies to persons and vessels subject to

the jurisdiction of the United States.

§ 300.31 Definitions.

In addition to the terms defined in

§ 300.2, in the Act, and in the Treaty,

and unless the context requires

otherwise, the terms used in this

subpart have the following meanings. If

a term is defined differently in § 300.2,

the Act, or the Treaty, the definition in

this section shall apply.

Administrator means the individual

or organization designated by the Pacific

Island Parties to act on their behalf

under the Treaty and notified to the

United States.

Applicable national law means any

provision of law of a Pacific Island Party

that is described in paragraph 1(a) of

Annex I of the Treaty.

Authorized inspector means any

individual authorized by a Pacific

Island Party or the Secretary to conduct

inspections, to remove samples of fish,

and to gather any other information

relating to fisheries in the Licensing

Area.

Authorized officer means any officer

who is authorized by the Secretary, or

the Secretary of Transportation, or the

head of any Federal or state agency that

has entered into an enforcement

agreement with the Secretary under

section 10(a) of the Act.

Authorized party officer means any

officer authorized by a Pacific Island

Party to enforce the provisions of the

Treaty.

Closed area means any of the closed

areas identified in Schedule 2 of Annex

I of the Treaty.

Fishing means searching for, catching,

taking, or harvesting fish; attempting to

search for, catch, take, or harvest fish;

engaging in any other activity that can

reasonably be expected to result in the

locating, catching, taking, or harvesting

of fish; placing, searching for, or

recovering fish aggregating devices or

associated electronic equipment such as

radio beacons; any operations at sea

directly in support of, or in preparation

for, any activity described in this

paragraph; or aircraft use, relating to the

activities described in this definition,

except for flights in emergencies

involving the health or safety of crew

members or the safety of a vessel.

Fishing arrangement means an

arrangement between a Pacific Island

Party and the owner of a U.S. fishing

vessel that complies with section 6(b) of

the Act.

Fishing vessel or vessel means any

boat, ship, or other craft that is used for,

equipped to be used for, or of a type

normally used for commercial fishing,

and that is documented under the laws

of the United States.

Licensing Area means all waters in

the Treaty Area except for:

(1) Those waters subject to the

jurisdiction of the United States in

accordance with international law.

(2) Those waters within closed areas.

(3) Those waters within limited areas

closed to fishing.

Licensing period means the period of

validity of licenses issued in accordance

with the Treaty.

Limited area(s) means those areas so

identified in Schedule 3 of Annex I of

the Treaty.

Operator means any person who is in

charge of, directs or controls a vessel,

including the owner, charterer and

master.

Pacific Island Party means a Pacific

island nation that is a party to the

Treaty.

Regional Director means the Director,

Southwest Region, or a designee.

Transship means to unload any or all

of the fish on board a licensed vessel

either ashore or onto another vessel.

Treaty Area means the area described

in paragraph 1(k) of Article I of the

Treaty.

§ 300.32 Vessel licenses.

(a) Each vessel fishing in the

Licensing Area must have a license

issued by the Administrator for the

licensing period being fished, unless

excepted by § 300.39. Each licensing

period begins on June 15 and ends on

June 14 of the following year.

(b) Upon receipt, the license or a duly

certified copy, facsimile or telex

confirmation must be carried on board

the vessel when in the Licensing Area

or Closed Areas and must be produced

at the request of authorized officers,

authorized party officers, or authorized

inspectors. Prior to receipt of the

license, but after issuance, a vessel may

be used to fish, provided the number of

the issued license is available on board.

(c) Application forms for licenses to

use a vessel to fish in the Licensing Area

may be requested from, and upon

completion, must be returned to, the

Regional Director. All of the information

requested on the form and the following

must be supplied before the application

will be considered complete:

(1) The licensing period for which the

license is requested.

(2) The name of an agent, located in

Port Moresby, Papua New Guinea, who,

on behalf of the license holder, will

receive and respond to any legal process

issued in accordance with the Treaty.

(3) Documentation from an insurance

company showing that the vessel will be

fully insured for the licensing period

against all risks and liabilities normally

covered by maritime liability insurance.

(4) If the owner or charterer is the

subject of proceedings under the

bankruptcy laws of the United States,

reasonable assurances that the owner or

charterer will be financially able to

fulfill any and all responsibilities under

the Treaty, Act, and regulations,

including the payment of any penalties

or fines.

(5) A copy of the vessel’s USCG

Certificate of Documentation.

(d) The number of available licenses

are set forth in Schedule 2 of Annex II

of the Treaty.

(e) Applications for vessels may be

submitted at any time; complete

applications will be forwarded to the

Secretary of State for transmittal to the

Administrator.

(f) The Secretary, in consultation with

the Secretary of State, may determine

that a license application for a vessel

should not be forwarded to the

Administrator if:

(1) The application is not in accord

with the Treaty, Act, or regulations;

(2) The owner or charterer is the

subject of proceedings under the

bankruptcy laws of the United States,

and reasonable financial assurances

have not been provided to the Secretary

that the owner or charterer will be

financially able to fulfill any and all

responsibilities under the Treaty, Act,

and regulations, including the payment

of any penalties or fines;

(3) The owner or charterer has not

established to the satisfaction of the

Secretary that the vessel will be fully

insured for the licensing period against

all risks and liabilities normally covered

by maritime liability insurance; or

(4) The owner or charterer has not

paid any final penalty assessed by the

Secretary in accordance with the Act.

(g) An applicant will be promptly

notified if that applicant’s license
Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25453

application will not be forwarded to the

Administrator, and of the reasons

therefor. Within 15 days of notification

by the Regional Director that the

application will not be forwarded, an

applicant may request reconsideration

by providing a petition for

reconsideration accompanied by new or

additional information.

§ 300.33 Compliance with applicable

national laws.

The operator of the vessel shall

comply with each of the applicable

national laws, and the operator of the

vessel shall be responsible for the

compliance by the vessel and its crew

with each of the applicable national

laws, and the vessel shall be operated in

accordance with those laws.

§ 300.34 Reporting requirements.

(a) License holders shall comply with

the reporting requirements of parts 4

and 5 of Annex I to the Treaty.

(b) Information provided by license

holders under Schedule 5 of Annex I of

the Treaty shall be provided on the

designated Forum Fisheries Agency

form(s) to the Regional Director within

2 days of reaching port.

(c) Information provided by license

holders under Schedule 6 of Annex I of

the Treaty shall be provided on the

designated Forum Fisheries Agency

form(s) to the Regional Director within

2 days of completing unloading.

(d) Any information required to be

recorded, or to be notified,

communicated or reported pursuant to a

requirement of these regulations, the

Act, or the Treaty shall be true,

complete and correct. Any change in

circumstances that has the effect of

rendering any of the information

provided false, incomplete or

misleading shall be communicated

immediately to the Regional Director.

§ 300.35 Vessel and gear identification.

While a vessel is in the Licensing

Area, a Limited Area closed to fishing,

or a Closed Area, a recent and up-todate copy of the International Code of

Signals (INTERCO) shall be on board

and accessible at all times. The operator

shall comply with the 1989 Food and

Agricultural Organization standard

specifications for the marking and

identification of fishing vessels. The

international radio call sign of the vessel

shall be painted in white on a black

background, or in black on a white

background, and be clear, distinct, and

uncovered, in the following manner:

(a) On both sides of the vessel’s hull

or superstructure, with each letter and

number being at least 1 m high and

having a stroke width of 16.7 cm, with

the background extending to provide a

border around the mark of not less than

16.7 cm.

(b) On the vessel’s deck, on the body

of any helicopter and on the hull of any

skiff, with each letter and number being

at least 30 cm high, and having a stroke

width of 5 cm with the background

extending to provide a border around

the mark of not less than 5 cm.

(c) On any other equipment being

carried by and intended to be separated

from the vessel during normal fishing

operations, with each letter and number

being at least 10 cm high and having a

stroke width of 1.7 cm, with the

background extending to provide a

border around the mark of not less than

1.7 cm.

§ 300.36 Closed area stowage

requirements.

At all times while a vessel is in a

Closed Area, the fishing gear of the

vessel shall be stowed in a manner as

not to be readily available for fishing. In

particular, the boom shall be lowered as

far as possible so that the vessel cannot

be used for fishing, but so that the skiff

is accessible for use in emergency

situations; the helicopter, if any shall be

tied down; and launches shall be

secured.

§ 300.37 Radio monitoring.

The international distress frequency,

2.182 mHz, and 156.8 mHz (Channel 16,

VHF) shall be monitored continuously

from the vessel for the purpose of

facilitating communication with the

fisheries management, surveillance and

enforcement authorities of the Parties.

§ 300.38 Prohibitions.

(a) Except as provided for in § 300.39,

in addition to the prohibitions in

§ 300.4, it is unlawful for any person

subject to the jurisdiction of the United

States to do any of the following:

(1) To violate the Act or any provision

of any regulation or order issued

pursuant to Act.

(2) To use a vessel for fishing in

violation of an applicable national law.

(3) To violate the terms and

conditions of any fishing arrangement to

which that person is a party.

(4) To use a vessel for fishing in a

Limited Area in violation of the

requirements set forth in Schedule 3 of

Annex I of the Treaty on ‘‘Limited

Areas’’.

(5) To use a vessel for fishing in any

Closed Area.

(6) To refuse to permit any authorized

officer or authorized party officer to

board a fishing vessel for purpose of

conducting a search or inspection in

connection with the enforcement of the

Act or the Treaty.

(7) To refuse to comply with the

instructions of an authorized officer or

authorized party officer relating to

fishing activities under the Treaty.

(8) To refuse to permit an authorized

inspector full access to any place where

fish taken in the Licensing Area is

unloaded.

(9) To refuse to allow an authorized

inspector to remove samples of fish

from a vessel that fished in the

Licensing Area.

(10) To forcibly assault, resist, oppose,

impede, intimidate, or interfere with:

(i) Any authorized officer, authorized

party officer or authorized inspector in

the conduct of a search or inspection in

connection with the enforcement of

these regulations, the Act or the Treaty;

or

(ii) An observer in the conduct of

observer duties under the Treaty.

(11) To transship fish on board a

vessel that fished in the Licensing Area,

except in accordance with the

conditions set out in parts 3 and 4 of

Annex I to the Treaty.

(b) Except as provided for in § 300.39,

it is unlawful for any person subject to

the jurisdiction of the United States

when in the Licensing Area:

(1) To use a vessel to fish unless

validly licensed as required by the

Administrator.

(2) To use a vessel for directed fishing

for southern bluefin tuna or for fishing

for any kinds of fish other than tunas,

except that fish may be caught as a

incidental bycatch.

(3) To use a vessel for fishing by any

method, except the purse-seine method.

(4) To use any vessel to engage in

fishing after the revocation of its license,

or during the period of suspension of an

applicable license.

(5) To operate a vessel in such a way

as to disrupt or in any other way

adversely affect the activities of

traditional and locally based fishermen

and fishing vessels.

(6) To use a vessel to fish in a manner

inconsistent with an order issued by the

Secretary under § 300.42 (section 11 of

the Act).

(7) Except for circumstances involving

force majeure and other emergencies

involving the health or safety of crew

members or the safety of the vessel, to

use aircraft in association with fishing

activities of a vessel, unless it is

identified on the license application for

the vessel, or any amendment thereto.

§ 300.39 Exceptions.

(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

outside of the 200 nautical mile
25454 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

fisheries zones of the Pacific Island

Parties.

(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.

§ 300.40 Civil penalties.

The procedures of 15 CFR part 904

apply to the assessment of civil

penalties, except as modified by the

requirements of section 8 of the Act.

§ 300.41 Investigation notification.

Upon commencement of an

investigation under section 10(b)(1) of

the Act, the operator of any vessel

concerned shall have 30 days after

receipt of notification of the

investigation and the operator’s rights

under section 10(b)(1) to submit

comments, information, or evidence

bearing on the investigation, and to

request in writing that the Secretary

provide the operator an opportunity to

present the comments, information, or

evidence orally to the Secretary or the

Secretary’s representative.

§ 300.42 Findings leading to removal from

fishing area.

(a) Following an investigation

conducted under section 10(b) of the

Act, the Secretary, with the concurrence

of the Secretary of State, and upon the

request of the Pacific Island Party

concerned, may order a fishing vessel

that has not submitted to the

jurisdiction of that Pacific Island Party

to leave immediately the Licensing

Area, all Limited Areas, and all Closed

Areas upon making a finding that:

(1) The fishing vessel—

(i) While fishing in the Licensing Area

did not have a license under the Treaty

to fish in the Licensing Area, and that

under paragraph 2 of Article 3 of the

Treaty, the fishing is not authorized to

be conducted in the Licensing Area

without a license;

(ii) Was involved in any incident in

which an authorized officer, authorized

party officer, or observer was allegedly

assaulted with resultant bodily harm,

physically threatened, forcibly resisted,

refused boarding or subjected to

physical intimidation or physical

interference in the performance of

duties as authorized by the Act or the

Treaty;

(iii) Has not made full payment

within 60 days of any amount due as a

result of a final judgement or other final

determination deriving from a violation

in waters within the Treaty Area of a

Pacific Island Party; or

(iv) Was not represented by an agent

for service of process in accordance

with the Treaty; or

(2) There is probable cause to believe

that the fishing vessel—

(i) Was used in violation of section

5(a)(4), (a)(5), (b)(2), or (b)(3) of the Act;

(ii) Used an aircraft in violation of

section 5(b)(7) of the Act; or

(iii) Was involved in an incident in

which section 5(a)(7) of the Act was

violated.

(b) Upon being advised by the

Secretary of State that proper

notification to Parties has been made

under paragraph 7 of Article 5 of the

Treaty that a Pacific Island Party is

investigating an alleged infringement of

the Treaty by a vessel in waters under

the jurisdiction of that Pacific Island

Party, the Secretary shall order the

vessel to leave those waters until the

Secretary of State notifies the Secretary

that the order is no longer necessary.

(c) The Secretary shall rescind any

order issued on the basis of a finding

under paragraphs (a)(1)(iii) or (iv) of this

section (subsections 11(a)(1)(C) or (D) of

the Act) as soon as the Secretary

determines that the facts underlying the

finding do not apply.

(d) An order issued in accordance

with this section is not subject to

judicial review.

§ 300.43 Observers.

(a) The operator and each member of

the crew of a vessel shall allow and

assist any person identified as an

observer under the Treaty by the Pacific

Island Parties:

(1) To board the vessel for scientific,

compliance, monitoring and other

functions at the point and time notified

by the Pacific Island Parties to the

Secretary.

(2) Without interfering unduly with

the lawful operation of the vessel, to

have full access to and use of facilities

and equipment on board the vessel that

the observer may determine are

necessary to carry out observer duties;

have full access to the bridge, fish on

board, and areas that may be used to

hold, process, weigh and store fish;

remove samples; have full access to

vessel’s records, including its log and

documentation for the purpose of

inspection and copying; have reasonable

access to navigation equipment, charts,

and radios, and gather any other

information relating to fisheries in the

Licensing Area.

(3) To disembark at the point and time

notified by the Pacific Island Parties to

the Secretary.

(4) To carry out observer duties safely.

(b) The operator shall provide the

observer, while on board the vessel, at

no expense to the Pacific Island Parties,

with food, accommodation and medical

facilities of reasonable standard as may

be acceptable to the Pacific Island Party

whose representative is serving as the

observer.

§ 300.44 Other inspections.

The operator and each member of the

crew of any vessel from which any fish

taken in the Licensing Area is unloaded

or transshipped shall allow, or arrange

for, and assist any authorized inspector,

authorized party officer, or authorized

officer to have full access to any place

where the fish is unloaded or

transshipped, to remove samples, to

have full access to the vessel’s records,

including its log and documentation for

the purpose of inspection and

photocopying, and to gather any other

information relating to fisheries in the

Licensing Area without interfering

unduly with the lawful operation of the

vessel.

Subpart E—Pacific Halibut Fisheries

Authority: 16 U.S.C. 773–773k.

§ 300.60 Purpose and scope.

This subpart implements the North

Pacific Halibut Act of 1982 (Act) and is

intended to supplement, not conflict

with, the annual fishery management

measures adopted by the International

Pacific Halibut Commission

(Commission) under the Convention

between the United States and Canada

for the Preservation of the Halibut

Fishery of the Northern Pacific Ocean

and Bering Sea (Convention).

§ 300.61 Definitions.

In addition to the terms defined in

§ 300.2 and those in the Act and the

Convention, the terms used in this

subpart have the following meanings. If

a term is defined differently in § 300.2,

the Act, or the Convention, the

definition in this section shall apply.

Area 2A includes all waters off the

States of California, Oregon, and

Washington.

Commercial fishing means fishing, the

resulting catch of which either is, or is

intended to be, sold or bartered.

Person includes an individual,

corporation, firm, or association.

Subarea 2A–1 includes all U.S. waters

off the coast of Washington that are

north of 46°53′18′′ N. lat. and east of

125°44′00′′ W. long., and all inland

marine waters of Washington.

Treaty Indian tribes means the Hoh,

Jamestown S’Klallam, Lower Elwha

S’Klallam, Lummi, Makah, Port Gamble

S’Klallam, Quileute, Quinault,

Skokomish, Suquamish, Swinomish,

and Tulalip tribes.
Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25455

§ 300.62 Annual management measures.

Annual management measures may be

added and modified through adoption

by the Commission and publication in

the Federal Register by the Assistant

Administrator, with immediate

regulatory effect. Such measures may

include, inter alia, provisions

governing: Licensing of vessels,

inseason actions, regulatory areas,

fishing periods, closed periods, closed

areas, catch limits (quotas), fishing

period limits, size limits, careful release

of halibut, vessel clearances, logs,

receipt and possession of halibut,

fishing gear, retention of tagged halibut,

supervision of unloading and weighing,

and sport fishing for halibut. The

Assistant Administrator will publish the

Commission’s regulations setting forth

annual management measures in the

Federal Register by March 15 each year.

Annual management measures may be

adjusted inseason by the Commission.

§ 300.63 Catch sharing plans and

domestic management measures.

Catch sharing plans (CSP) may be

developed by the appropriate regional

fishery management council, and

approved by NMFS, for portions of the

fishery. Any approved catch sharing

plan may be obtained from the Director,

Northwest Region, or the Director,

Alaska Region.

(a) The catch sharing plan for area 2A

provides a framework that shall be

applied to the annual Area 2A total

allowable catch (TAC) adopted by the

Commission, and shall be implemented

through domestic and Commission

regulations, which will be published in

the Federal Register each year before

March 15. The Area 2A CSP allocates

halibut among the treaty Indian fishery,

segments of the non-Indian commercial

fishery, and segments of the recreational

fishery.

(1) Each year, before January 1, NMFS

will publish a proposal to govern the

recreational fishery under the CSP for

the following year and will seek public

comment. The comment period will

extend until after the Commission’s

annual meeting, so the public will have

the opportunity to consider the final

area 2A total allowable catch (TAC)

before submitting comments. After the

Commission’s annual meeting and

review of public comments, NMFS will

publish in the Federal Register the final

rule governing sport fishing in area 2A.

Annual management measures may be

adjusted inseason by NMFS.

(2) A portion of the commercial TAC

is allocated as incidental catch in the

salmon troll fishery in Area 2A. Each

year the landing restrictions necessary

to keep the fishery within its allocation

will be recommended by the Pacific

Fishery Management Council at its

spring meetings, and will be published

in the Federal Register along with the

annual salmon management measures.

(3) The commercial longline fishery in

area 2A is governed by the annual

management measures published

pursuant to §§ 300.62 and 300.63.

(4) The treaty Indian fishery is

governed by § 300.64 and tribal

regulations. The annual quota for the

fishery will be announced with the

Commission regulations under § 300.62

(b) The catch sharing plan for area 4

allocates the annual TAC among area 4

subarea, and will be implemented by

the Commission in management

measures published pursuant to

§ 300.62.

§ 300.64 Fishing by U.S. treaty Indian

tribes.

(a) Halibut fishing in subarea 2A–1 by

members of U.S. treaty Indian tribes

located in the State of Washington is

governed by this section.

(b) Commercial fishing for halibut by

treaty Indians is permitted only in

subarea 2A–1 with hook-and-line gear

in conformance with the season and

quota established annually by the

Commission.

(c) Commercial fishing periods and

management measures to implement

paragraph (b) of this section will be

established by treaty Indian tribal

regulations.

(d) Commercial fishing for halibut by

treaty Indians shall comply with the

Commission’s management measures

governing size limits, careful release of

halibut, logs, and fishing gear

(published pursuant to § 300.62), except

that the 72-hour fishing restriction

preceding the opening of a halibut

fishing period shall not apply to treaty

Indian fishing.

(e) Ceremonial and subsistence

fishing for halibut by treaty Indians in

subarea 2A–1 is permitted with hookand-line gear from January 1 to

December 31.

(f) No size or bag limits shall apply to

the ceremonial and subsistence fishery,

except that when commercial halibut

fishing is prohibited pursuant to

paragraph (b) of this section, treaty

Indians may take and retain not more

than two halibut per person per day.

(g) Halibut taken for ceremonial and

subsistence purposes shall not be

offered for sale or sold.

(h) Any member of a U.S. treaty

Indian tribe who is engaged in

commercial or ceremonial and

subsistence fishing under this section

must have on his or her person a valid

treaty Indian identification card issued

pursuant to 25 CFR part 249, subpart A,

and must comply with the treaty Indian

vessel and gear identification

requirements of Final Decision No. 1

and subsequent orders in United States

v. Washington 384 F. Supp. 312 (W.D.

Wash., 1974).

(i) The following table sets forth the

fishing areas of each of the 12 treaty

Indian tribes fishing pursuant to this

section. Within subarea 2A–1,

boundaries of a tribe’s fishing area may

be revised as ordered by a Federal

Court.

Tribe Boundaries

HOH .................................... Between 47°54′18′′ N. lat. (Quillayute River) and 47°21′00′′ N. lat. (Quinault River), and east of 125°44′00′′ W.

long.

JAMESTOWN S’KLALLAM Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and

particularly at 626 F. Supp. 1486, to be places at which the Jamestown S’Klallam Tribe may fish under rights

secured by treaties with the United States.

LOWER ELWHA

S’KLALLAM.

Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and

particularly at 459 F. Supp. 1049 and 1066 and 626 F. Supp. 1443, to be places at which the Lower Elwha

S’Klallam Tribe may fish under rights secured by treaties with the United States.

LUMMI ................................ Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and

particularly at 384 F. Supp. 360, as modified in Subproceeding No. 89–08 (W.D. Wash., February 13, 1990) (decision and order re: cross-motions for summary judgement), to be places at which the Lummi Tribe may fish

under rights secured by treaties with the United States.

MAKAH ............................... North of 48°02′15′′ N. lat. (Norwegian Memorial), west of 123°42′30′′ W. long., and east of 125°44′00′′ W. long.
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Tribe Boundaries

PORT GAMBLE

S’KLALLAM.

Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and

particularly at 626 F. Supp. 1442, to be places at which the Port Gamble S’Klallam Tribe may fish under rights

secured by treaties with the United States.

QUILEUTE .......................... Between 48°07′36′′ N. lat. (Sand Point) and 47°31′42′′ N. lat. (Queets River), and east of 125°44′00′′ W. long.

QUINAULT .......................... Between 47°40′06′′ N. lat. (Destruction Island) and 46°53′18′′ N. lat. (Point Chehalis), and east of 125°44′00′′ W.

long.

SKOKOMISH ...................... Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and

particularly at 384 F. Supp. 377, to be places at which the Skokomish Tribe may fish under rights secured by

treaties with the United States.

SUQUAMISH ...................... Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and

particularly at 459 F. Supp. 1049, to be places at which the Suquamish Tribe may fish under rights secured by

treaties with the United States.

SWINOMISH ....................... Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and

particularly at 459 F. Supp. 1049, to be places at which the Swinomish Tribe may fish under rights secured by

treaties with the United States.

TULALIP ............................. Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and

particularly at 626 F. Supp. 1531–1532, to be places at which the Tulalip Tribe may fish under rights secured by

treaties with the United States.

§ 300.65 Prohibitions.

In addition to the prohibitions in

§ 300.4, the following prohibitions

apply within this subpart. It is unlawful

for any person to fish for halibut except

in accordance with:

(a) The management measures

published under § 300.62.

(b) The catch sharing plans and

management measures implemented

under § 300.63.

Subpart F—Fraser River Sockeye and

Pink Salmon Fisheries

Authority: Pacific Salmon Treaty Act, 16

U.S.C. 3636(b).

§ 300.90 Purpose and scope.

This subpart implements the Pacific

Salmon Treaty Act of 1985 (16 U.S.C.

3631–3644) (Act) and is intended to

supplement, not conflict with, the

fishery regimes and Fraser River Panel

regulations adopted under the Treaty

between the Government of the United

States of America and the Government

of Canada Concerning Pacific Salmon,

signed at Ottawa, January 28, 1985

(Treaty).

§ 300.91 Definitions.

In addition to the terms defined in

§ 300.2 and those in the Act and the

Treaty, the terms used in this subpart

have the following meanings. If a term

is defined differently in § 300.2, the Act,

or the Treaty, the definition in this

section shall apply.

All-citizen means any person who is

not a treaty Indian fishing in that treaty

Indian’s tribal treaty fishing places

pursuant to treaty Indian tribal fishing

regulations (whether in compliance

with such regulations or not).

Authorized officer means, in addition

to those individuals identified under

authorized officer at § 300.2, any state,

Federal, or other officer as may be

authorized by the Secretary in writing,

including any treaty Indian tribal

enforcement officer authorized to

enforce tribal fishing regulations.

Commission means the Pacific

Salmon Commission established by the

Pacific Salmon Treaty.

Consistent regulation or consistent

order means any Federal, state, or treaty

Indian tribal regulation or order that is

in addition to and not in conflict with

(at least as restrictive as) any regime of

the Commission, Fraser River Panel

regulation, inseason order of the

Secretary, or these regulations.

Fishing gear—

(1) Gill net means a fishing net of

single web construction, not anchored,

tied, staked, placed, or weighted in such

a manner that it cannot drift.

(2) Purse seine means all types of

fishing gear consisting of a lead line,

cork line, auxiliary lines, purse line and

purse rings and of mesh net webbing

fashioned in such a manner that it is

used to encircle fish, and in addition

prevent their escape under the bottom

or lead line of the net by drawing in the

bottom of the net by means of the purse

line so that it forms a closed bag.

(3) Reef net means a non-self-fishing

open bunt square or rectangular section

of mesh netting suspended between two

anchored boats fashioned in such a

manner that to impound salmon passing

over the net, the net must be raised to

the surface.

(4) Troll fishing gear means one or

more lines that drag hooks with bait or

lures behind a moving fishing vessel.

(5) Treaty Indian fishing gear means

fishing gear defined, authorized, and

identified under treaty Indian tribal

laws and regulations in accordance with

the requirements of Final Decision No.

1 and subsequent orders in United

States v. Washington, 384 F. Supp. 312

(W.D. Wash., 1974).

Fraser River Panel means the Fraser

River Panel established by the Pacific

Salmon Treaty. Fraser River Panel Area (U.S.) means

the United States’ portion of the Fraser

River Panel Area specified in Annex II

of the Treaty as follows: (1) The territorial water and the high

seas westward from the western coast of

Canada and the United States of

America and from a direct line drawn

from Bonilla Point, Vancouver Island, to

the lighthouse of Tatoosh Island,

Washington—which line marks the

entrance of Juan de Fuca Strait—and

embraced between 48° and 49° N. lat.,

excepting therefrom, however, all the

waters of Barkley Sound, eastward of a

straight line drawn from Amphitrite

Point to Cape Beale and all the waters

of Nitinat Lake and the entrance thereto.

(2) The waters included within the

following boundaries: Beginning at

Bonilla Point, Vancouver Island, thence

along the aforesaid direct line drawn

from Bonilla Point to Tatoosh

Lighthouse, Washington, described in

paragraph (1) of this definition, thence

to the nearest point of Cape Flattery,

thence following the southerly shore of

Juan de Fuca Strait to Point Wilson, on

Whidbey Island, thence following the

western shore of the said Whidbey

Island, to the entrance to Deception

Pass, thence across said entrance to the

southern side of Reservation Bay, on
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Fidalgo Island, thence following the

western and northern shore line of the

said Fidalgo Island to Swinomish

Slough, crossing the said Swinomish

Slough, in line with the track of the

Great Northern Railway (Burlington

Northern Railroad), thence northerly

following the shoreline of the mainland

to Atkinson Point at the northerly

entrance to Burrard Inlet, British

Columbia, thence in a straight line to

the southern end of Bowen Island, then

westerly following the southern shore of

Bowen Island to Cape Roger Curtis,

thence in a straight line to Gower Point,

thence westerly following the shoreline

to Welcome Point on Sechelt Peninsula,

thence in a straight line to Point Young

on Lasqueti Island, thence in a straight

line to Dorcas Point on Vancouver

Island, thence following the eastern and

southern shores of the said Vancouver

Island, to the starting point at Bonilla

Point, as shown on the British

Admiralty Chart Number 579, and on

the U.S. Coast and Geodetic Survey

Chart Number 6300, as corrected to

March 14, 1930, copies of which are

annexed to the 1930 Convention

between Canada and the United States

of America for Protection, Preservation,

and Extension of the Sockeye Salmon

Fishery in the Fraser River System as

amended, signed May 26, 1930. [Note:

U.S. Coast and Geodetic Survey Chart

Number 6300 has been replaced and

updated by NOAA Chart Number

18400.]

(3) The Fraser River and the streams

and lakes tributary thereto.

(4) The Fraser River Panel Area (U.S.)

includes Puget Sound Management and

Catch Reporting Areas 4B, 5, 6, 6A, 6B,

6C, 6D, 7, 7A, 7B, 7C, 7D, and 7E as

defined in the Washington State

Administrative Code at Chapter 220–22

as of June 27, 1986.

Fraser River Panel regulations means

regulations applicable to the Fraser

River Panel Area that are recommended

by the Commission (on the basis of

proposals made by the Fraser River

Panel) and approved by the Secretary of

State.

Mesh size means the distance between

the inside of one knot to the outside of

the opposite (vertical) knot in one mesh

of a net.

Pink salmon means Oncorhynchus

gorbuscha.

Sockeye salmon means the

anadromous form of Oncorhynchus

nerka.

Treaty fishing places (of an Indian

tribe) means locations within the Fraser

River Panel Area (U.S.) as determined in

or in accordance with Final Decision

No. 1 and subsequent orders in United

States v. Washington, 384 F. Supp. 312

(W.D. Wash. 1974), to be places at

which that treaty Indian tribe may take

fish under rights secured by treaty with

the United States.

Treaty Indian means any member of

a treaty Indian tribe whose treaty fishing

place is in the Fraser River Panel Area

(U.S.) or any assistant to a treaty Indian

authorized to assist in accordance with

§ 300.95(d).

Treaty Indian tribe means any of the

federally recognized Indian tribes of the

State of Washington having fishing

rights secured by treaty with the United

States to fish for salmon stocks subject

to the Pacific Salmon Treaty in treaty

fishing places within the Fraser River

Panel Area (U.S.). Currently these tribes

are the Makah, Tribe, Lower Elwha

Klallam Tribe, Port Gamble Klallam

Tribe, Jamestown Klallam Tribe,

Suquamish Tribe, Lummi Tribe,

Nooksack Tribe, the Swinomish Indian

Tribal Community, and the Tulalip

Tribe.

§ 300.92 Relation to other laws.

(a) Insofar as they are consistent with

this part, any other applicable Federal

law or regulation, or any applicable law

and regulations of the State of

Washington or of a treaty Indian tribe

with treaty fishing rights in the Fraser

River Panel Area (U.S.) will continue to

have force and effect in the Fraser River

Panel Area (U.S.) with respect to fishing

activities addressed herein.

(b) Any person fishing subject to this

subpart is bound by the international

boundaries now recognized by the

United States within the Fraser River

Panel Area (U.S.) described in § 300.91,

notwithstanding any dispute or

negotiation between the United States

and Canada regarding their respective

jurisdictions, until such time as

different boundaries are published by

the United States.

(c) Any person fishing in the Fraser

River Panel Area (U.S.) who also fishes

for groundfish in the EEZ should

consult Federal regulations at part 663

of this title for applicable requirements,

including the requirement that vessels

engaged in commercial fishing for

groundfish (except commercial

passenger vessels) have vessel

identification in accordance with

§ 663.6. Federal regulations governing

salmon fishing in the EEZ, which

includes a portion of the Fraser River

Panel Area (U.S.), are at part 661 of this

title. Annual regulatory modifications

are published in the Federal Register.

(d) Except as otherwise provided in

this subpart, general provisions

governing off-reservation fishing by

treaty Indians are found at 25 CFR part

249, subpart A. Additional general and

specific provisions governing treaty

Indian fisheries are found in regulations

and laws promulgated by each treaty

Indian tribe for fishermen fishing

pursuant to tribal authorization.

(e) Nothing in this subpart relieves a

person from any other applicable

requirements lawfully imposed by the

United States, the State of Washington,

or a treaty Indian tribe.

§ 300.93 Reporting requirements.

Any person fishing for sockeye or

pink salmon within the Fraser River

Panel Area (U.S.) and any person

receiving or purchasing fish caught by

such persons are subject to State of

Washington reporting requirements at

Washington Administrative Code,

Chapter 220–69. Treaty Indian

fishermen are subject also to tribal

reporting requirements. No separate

Federal reports are required.

§ 300.94 Prohibitions and restrictions.

In addition to the prohibitions in

§ 300.4, the following prohibitions and

restrictions apply.

(a) In addition to the prohibited acts

set forth in the Act at 16 U.S.C. 3637(a),

the following restrictions apply to

sockeye and pink salmon fishing in the

Fraser River Panel Area (U.S.):

(1) The Fraser River Panel Area (U.S.)

is closed to sockeye and pink salmon

fishing, unless opened by Fraser River

Panel regulations or by inseason orders

of the Secretary issued under § 300.97

that give effect to orders of the Fraser

River Panel, unless such orders are

determined not to be consistent with

domestic legal obligations. Such

regulations and inseason orders may be

further implemented by regulations

promulgated by the United States, the

State of Washington, or any treaty

Indian tribe, which are also consistent

with domestic legal obligations.

(2) It is unlawful for any person or

fishing vessel subject to the jurisdiction

of the United States to fish for, or take

and retain, any sockeye or pink salmon:

(i) Except during times or in areas that

are opened by Fraser River Panel

regulations or by inseason order, except

that this provision will not prohibit the

direct transport of legally caught

sockeye or pink salmon to offloading

areas.

(ii) By means of gear or methods not

authorized by Fraser River Panel

regulations, inseason orders, or other

applicable Federal, state, or treaty

Indian tribal law.

(iii) In violation of any applicable

area, season, species, zone, gear, or

mesh size restriction.
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(b) It is unlawful for any person or

fishing vessel subject to the jurisdiction

of the United States to—

(1) Remove the head of any sockeye

or pink salmon caught in the Fraser

River Panel Area (U.S.), or possess a

salmon with the head removed, if that

salmon has been marked by removal of

the adipose fin to indicate that a coded

wire tag has been implanted in the head

of the fish.

(2) Fail to permit an authorized officer

to inspect a record or report required by

the State of Washington or treaty Indian

tribal authority.

(c) Notwithstanding paragraph (a) of

this section, nothing in this subpart will

be construed to prohibit the retention of

sockeye or pink salmon caught by any

person while lawfully engaged in a

fishery for subsistence or ceremonial

purposes pursuant to treaty Indian tribal

regulations, for recreational purposes

pursuant to recreational fishing

regulations promulgated by the State of

Washington, or as otherwise authorized

by treaty Indian tribal or State of

Washington law or regulation, provided

that such treaty Indian tribal or State

regulation is consistent with U.S.-

approved Commission fishery regimes,

Fraser River Panel regulations, or

inseason orders of the Secretary

applicable to fishing in the Fraser River

Panel Area (U.S.).

(d) The following types of fishing gear

are authorized, subject to the

restrictions set forth in this subpart and

according to the times and areas

established by Fraser River Panel

regulations or inseason orders of the

Secretary:

(1) All citizens: Gill net, purse seine,

reef net, and troll fishing gear. Specific

restrictions on all citizens gear are

contained in the Washington State

Administrative Code of Chapter 220–47.

(2) Treaty Indians: Treaty Indian

fishing gear.

(e) Geographic descriptions of Puget

Sound Salmon Management and Catch

Reporting Areas, which are referenced

in the Commission’s regimes, Fraser

River Panel regulations, and in inseason

orders of the Secretary, are found in the

Washington State Administrative Code

at Chapter 220–22.

§ 300.95 Treaty Indian fisheries.

(a) Any treaty Indian must comply

with this section when fishing for

sockeye and pink salmon at the treaty

Indian tribe’s treaty fishing places in the

Fraser River Panel Area (U.S.) during

the time the Commission or the

Secretary exercises jurisdiction over

these fisheries. Fishing by a treaty

Indian outside the applicable Indian

tribe’s treaty fishing places will be

subject to the Fraser River Panel

regulations and inseason orders

applicable to all citizens, as well as to

the restrictions set forth in this section.

(b) Nothing in this section will relieve

a treaty Indian from any applicable law

or regulation imposed by a treaty Indian

tribe, or from requirements lawfully

imposed by the United States or the

State of Washington in accordance with

the requirements of Final Decision No.

1 and subsequent orders in United

States v. Washington, 384 F. Supp. 312

(W.D. Wash., 1974).

(c) Identification. (1) Any treaty

Indian fishing under the authority of

this subpart must have in his or her

possession at all times while fishing or

engaged in any activity related to fishing

the treaty Indian identification required

by 25 CFR 249.3 or by applicable tribal

law.

(2) Any person assisting a treaty

Indian under the authority of paragraph

(d) of this section must have in his or

her possession at all such times a valid

identification card issued by the Bureau

of Indian Affairs or by a treaty Indian

tribe, identifying the holder as a person

qualified to assist a treaty Indian. The

identification card must include the

name of the issuing tribe, the name,

address, date of birth, and photograph of

the assistant, and the name and

identification number of the treaty

Indian whom the assistant is authorized

to assist.

(3) Identification described in

paragraph (c) (1) or (2) of this section

must be shown on demand to an

authorized officer by the treaty Indian or

authorized assistant.

(4) Any treaty Indian fishing under

this subpart must comply with the

treaty Indian vessel and gear

identification requirements of Final

Decision No. 1 and subsequent orders in

United States v. Washington, 384 F.

Supp. 312 (W.D. Wash., 1974).

(d) Fishing assistance. (1) Any

member of a treaty Indian tribe fishing

under this subpart may, if authorized by

the treaty Indian’s tribe, receive fishing

assistance from, and only from, the

treaty Indian tribal member’s spouse,

forebears, children, grandchildren, and

siblings, as authorized by the U.S.

District Court for the Western District of

Washington in United States v.

Washington, 384 F. Supp. 312 (W.D.

Wash., 1974). For purposes of this

section, the treaty Indian tribal member

whom the assistant is authorized to

assist must be present aboard the fishing

vessel at all times while engaged in the

exercise of treaty Indian fishing rights

subject to this subpart.

(2) No treaty Indian may, while

fishing at a treaty fishing place in

accordance with treaty-secured fishing

rights, permit any person 16 years of age

or older other than the authorized

holder of a currently valid identification

card issued in accordance with the

requirements of paragraphs (c) (1) and

(2) of this section to fish for said treaty

Indian, assist said treaty Indian in

fishing, or use any gear or fishing

location identified as said treaty

Indian’s gear or location.

(3) Treaty Indians are prohibited from

participating in a treaty Indian fishery

under this section at any time persons

who are not treaty Indians are aboard

the fishing vessel or in contact with

fishing gear operated from the fishing

vessel, unless such persons are

authorized employees or officers of a

treaty Indian tribe or tribal fisheries

management organization, the

Northwest Indian Fisheries

Commission, the Commission, or a

fisheries management agency of the

United States or the State of

Washington.

§ 300.96 Penalties.

Any treaty Indian who commits any

act that is unlawful under this subpart

normally will be referred to the

applicable tribe for prosecution and

punishment. If such tribe fails to

prosecute such persons in a diligent

manner for the offense(s) referred to the

tribe, or if other good cause exists, such

treaty Indian may be subject to the

penalties and procedures described in

the Magnuson Act.

§ 300.97 Inseason orders.

(a) During the fishing season, the

Secretary may issue orders that establish

fishing times and areas consistent with

the annual Commission regime and

inseason orders of the Fraser River

Panel. Inseason orders will be consistent

with domestic legal obligations.

Violation of such inseason orders is

violation of this subpart.

(b) Notice of inseason orders. (1)

Official notice of such inseason orders

is available from NMFS (for orders

applicable to all-citizen fisheries) and

from the Northwest Indian Fisheries

Commission (for orders applicable to

treaty Indian fisheries) through the

following Area Code 206 toll-free

telephone hotlines: All-citizen fisheries:

1–800–562–6513; Treaty Indian

fisheries: 1–800–562–6142.

(2) Notice of inseason orders of the

Secretary and other applicable tribal

regulations may be published and

released according to tribal procedures

in accordance with Final Decision No.

1 and subsequent orders in United

States v. Washington, 384 F. Supp. 312

(W.D. Wash., 1974).
Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25459

(3) Inseason orders may also be

communicated through news releases to

radio and television stations and

newspapers in the Fraser River Panel

Area (U.S.).

(4) Inseason orders of the Secretary

will also be published in the Federal

Register as soon as practicable after they

are issued.

Subpart G—Antarctic Marine Living

Resources

Authority: 16 U.S.C. 2431 et seq.

§ 300.100 Purpose and scope.

(a) This subpart implements the

Antarctic Marine Living Resources

Convention Act of 1984 (Act).

(b) This subpart regulates—

(1) The harvesting of Antarctic marine

living resources or other associated

activities by any person subject to the

jurisdiction of the United States or by

any vessel of the United States.

(2) The importation into the United

States of any Antarctic marine living

resource.

§ 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). Convention, the

terms used in this subpart have the

following meanings. If a term is defined

differently in § 300.2, such Act, or such

Convention, the definition in this

section shall apply.

ACA means the Antarctic

Conservation Act of 1978 (16 U.S.C.

2401 et seq.).

Antarctic convergence means a line

joining the following points along the

parallels of latitude and meridians of

longitude:

Lat. Long.

50° 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 finfishes include the

following:

Scientific name Common

name

Gobionotothen gibberifrons .... Humped

rockcod.

Scientific name Common

name

Notothenia rossii .................... Marbled

rockcod.

Lepidorhirus squamifrons ....... Grey

rockcod.

Dissostichus eleginoides ........ Patagonian

toothfish.

Patagonothen brevicauda

guntheri.

Patagonian

rockcod.

Pleuragramma antarcticum .... Antarctic silverfish.

Trematomus spp. ................... Antarctic

cods.

Chaenocephalus aceratus ..... Blackfin

icefish.

Chaenodraco wilsoni .............. Spiny icefish.

Champsocephalus gunnari .... Mackerel

icefish.

Chionodraco rastrospinosus Ocellated

icefish.

Pseudochaenichthys

georgianus.

South Georgia icefish.

Antarctic marine living resources or

AMLR(s) means the populations of

finfish, mollusks, crustaceans, and all

other species of living organisms,

including birds, found south of the

Antarctic Convergence, and their parts

or products.

Commission means the Commission

for the Conservation of Antarctic Marine

Living Resources established under

Article VII of the Convention.

Convention waters means all waters

south of the Antarctic Convergence.

Directed fishing, with respect to any

species or stock of fish, means any

fishing that results in such fish

comprising more than 1 percent by

weight, at any time, of the catch on

board the vessel.

Fish means finfish, mollusks, and

crustaceans.

Fishery means:

(1) One or more stocks of fish that can

be treated as a unit for purposes of

conservation and management and that

are identified on the basis of

geographical, scientific, technical,

recreational, and economic

characteristics.

(2) Any fishing for such stocks.

Harvesting vessel means any vessel of

the United States (this includes any

boat, ship, or other craft), that is used

for, equipped to be used for, or of a type

that is normally used for harvesting.

Individual permit means an NSF

permit issued under 45 CFR part 670; or

an NSF award letter (demonstrating that

the individual has received an award

from NSF to do research in the

Antarctic); or a marine mammal permit

issued under § 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 the

Commission to identify such vessel.

Land or landing means to begin

offloading any fish, to arrive in port

with the intention of offloading any fish,

or to cause any fish to be offloaded.

NSF means National Science

Foundation, 4201 Wilson Boulevard,

Arlington, VA 22230.

Recreational fishing means fishing

with hook and line for personal use and

not for sale.

Scientific research activity means any

activity for which a person has a permit

from NMFS under § 216.31 of this title

or an award letter from NSF or a permit

from the NSF under 45 CFR part 670.

Scientific research activities may also

include harvesting or other associated

activities if such activities are

designated as scientific research

activities by the Assistant

Administrator.

§ 300.102 Relationship to other treaties,

conventions, laws, and regulations.

(a) Other conventions and treaties to

which the United States is a party and

other Federal statutes and implementing

regulations may impose additional

restrictions on the harvesting and

importation into the United States of

AMLRs.

(b) The ACA implements the

Antarctic Treaty Agreed Measures for

the Conservation of Antarctic Fauna and

Flora (12 U.S.T. 794). The ACA and its

implementing regulations (45 CFR part

670) apply to certain defined activities

of U.S. citizens south of 60° S. lat.

(c) The Marine Mammal Protection

Act of 1972 (16 U.S.C. 1361 et seq.), the

Endangered Species Act of 1973 (16

U.S.C. 1531 et seq.), the Migratory Bird

Treaty Act (16 U.S.C. 701 et seq.), and

their implementing regulations also

apply to the harvesting and importation

of AMLRs.

§ 300.103 Procedure for according

protection to CCAMLR Ecosystem

Monitoring Program Sites.

(a) General. (1) Any person subject to

the jurisdiction of the United States

must apply for and be granted an entry

permit authorizing specific activities

prior to entering a CCAMLR Ecosystem

Monitoring Program (CEMP) Protected

Site designated in accordance with the

CCAMLR Conservation Measure

describing the Procedures for According

Protection for CEMP Sites.

(2) If a CEMP Protected Site is also a

site specially protected under the

Antarctic Treaty (or the Protocol on

Environmental Protection to the

Antarctic Treaty and its Annexes, when

it enters into force), an applicant

seeking to enter such a Protected Site
25460 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

must apply to the Director of the NSF

for a permit under applicable provisions

of the ACA or any superseding

legislation. The permit granted by NSF

shall constitute a joint CEMP/ACA

Protected Site permit and any person

holding such a permit must comply

with the appropriate CEMP Protected

Site Management Plan. In all other

cases, an applicant seeking a permit to

enter a CEMP Protected Site must apply

to the Assistant Administrator for a

CEMP permit in accordance with the

provisions of this section.

(b) Responsibility of CEMP permit

holders and persons designated as

agents under a CEMP permit. (1) The

CEMP permit holder and person

designated as agents under a CEMP

permit are jointly and severally

responsible for compliance with the

Act, this subpart, and any permit issued

under this subpart.

(2) The CEMP permit holder and

agents designated under a CEMP permit

are responsible for the acts of their

employees and agents constituting

violations, regardless of whether the

specific acts were authorized or

forbidden by the CEMP permit holder or

agents, and regardless of knowledge

concerning their occurrence.

(c) Prohibitions regarding the

Antarctic Treaty System and other

applicable treaties and statutes. Holders

of permits to enter CEMP Protected Sites

are not permitted to undertake any

activities within a CEMP Protected Site

that are not in compliance with the

provisions of:

(1) The Antarctic Treaty, including

the Agreed Measures for the

Conservation of Antarctic Fauna and

Flora (including the Protocol on the

Environmental Protection to the

Antarctic Treaty and its Annexes when

it enters into force), as implemented

under by the ACA and any superseding

legislation. (Persons interested in

conducting activities subject to the

Antarctic Treaty or the Protocol should

contact the Office of Polar Programs,

NSF).

(2) The Convention for the

Conservation of Antarctic Seals.

(3) The Convention and its

Conservation Measures in force,

implemented under the Act.

(d) Prohibitions on takings. Permits

issued under this section do not

authorize any takings as defined in the

applicable statutes and implementing

regulations governing the activities of

persons in Antarctica.

(e) Issuance criteria. Permits

designated in this section may be issued

by the Assistant Administrator upon a

determination that:

(1) The specific activities meet the

requirements of the Act.

(2) There is sufficient reason,

established in the permit application,

that the scientific purpose for the

intended entry cannot be served

elsewhere.

(3) The actions permitted will not

violate any provisions or prohibitions of

the Protected Site’s Management Plan

submitted in compliance with the

CCAMLR Conservation Measure

describing the Procedures for According

Protection to CEMP Sites.

(f) Application process. An applicant

seeking a CEMP permit from the

Assistant Administrator to enter a CEMP

Protected Site shall include the

following in the application.

(1) A detailed justification that the

scientific objectives of the applicant

cannot be accomplished elsewhere and

a description of how said objectives will

be accomplished within the terms of the

Protected Site’s Management Plan.

(2) A statement signed by the

applicant that the applicant has read

and fully understands the provisions

and prohibitions of the Protected Site’s

Management Plan. Prospective

applicants may obtain copies of the

relevant Management Plans and the

CCAMLR Conservation Measure

describing the Procedures for According

Protection to CEMP Sites by requesting

them from the Assistant Administrator.

(g) Conditions. CEMP permits issued

under this section will contain special

and general conditions including a

condition that the permit holder shall

submit a report describing the activities

conducted under the permit within 30

days of the expiration of the CEMP

permit.

(h) Duration. Permits issued under

this section are valid for a period of 1

year. Applicants requesting a permit to

reenter a Protected Site must include

the report required by the general

condition in the previously issued

CEMP permit describing the activities

conducted under authority of that

permit.

(i) Transfer. CEMP permits are not

transferable or assignable. A CEMP

permit is valid only for the person to

whom it is issued.

(j) Modification. (1) CEMP permits can

be modified by submitting a request to

the Assistant Administrator. Such

requests shall specify:

(i) The action proposed to be taken

along with a summary of the reasons

therefore.

(ii) The steps that the permit holder

may take to demonstrate or achieve

compliance with all lawful

requirements.

(2) If a requested modification is not

in compliance with the terms of the

Protected Site’s Management Plan, the

Assistant Administrator will treat the

requested modification as an

application for a new CEMP permit and

so notify the holder. Modifications will

be acted upon within 30 days of receipt.

The CEMP permit holder must report to

the Assistant Administrator any change

in previously submitted information

within 10 days of the change.

(3) Additional conditions and

restrictions. The Assistant

Administrator may revise the CEMP

permit effective upon notification of the

permit holder, to impose additional

conditions and restrictions as necessary

to achieve the purposes of the

Convention, the Act and the CEMP

Management Plan. The CEMP permit

holder must, as soon as possible, notify

any and all agents operating under the

permit of any and all revisions or

modifications to the permit.

(k) Revocation or suspension. CEMP

permits may be revoked or suspended

based upon information received by the

Assistant Administrator and such

revocation or suspension shall be

effective upon notification to the permit

holder.

(1) A CEMP permit may be revoked or

suspended based on a violation of the

permit, the Act, or this subpart.

(2) Failure to report a change in the

information submitted in a CEMP

permit application within 10 days of the

change is a violation of this subpart and

voids the application or permit, as

applicable. Title 15 CFR part 904

governs permit sanctions under this

subpart.

(l) Exceptions. Entry into a Protected

Site described in this section is lawful

if committed under emergency

conditions to prevent the loss of human

life, compromise human safety, prevent

the loss of vessels or aircraft, or to

prevent environmental damage.

(m) Protected sites. (1) Sites protected

by the Antarctic Treaty and regulated

under the ACA are listed at 45 CFR part

670 subparts G and H.

(2) The following sites have been

identified as CEMP Protected Sites

subject to the regulatory authority of the

Act:

(i) Seal Islands, South Shetland

Islands—The Seal Islands are composed

of islands and skerries located

approximately 7 km north of the

northwest corner of Elephant Island,

South Shetland Islands. The Seal

Islands CEMP Protected Site includes

the entire Seal Islands group, which is

defined as Seal Island plus any land or

rocks exposed at mean low tide within

a distance of 5.5 km of the point of
Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25461

highest elevation on Seal Island. Seal

Island is situated at 60°59′14′′ S. lat.,

55°23′04′′ W. long.

(ii) Cape Shirreff and the San Telmo

Islands. This designation takes effect on

May 1, 1995. Cape Shirreff is a low, icefree peninsula towards the western end

of the north coast of Livingston Island,

South Shetland Islands, situated at

62°29′ S. lat., 60°47′ W. long., between

Barclay Bay and Hero Bay. San Telmo

Island is the largest of a small group of

ice-free rock islets, approximately 2 km

west of Cape Shirreff. The boundaries of

the Cape Shirreff CEMP Protected Site

are identical to the boundaries of the

Site of Special Scientific Interest No. 32,

as specified by ATCM Recommendation

XV–7. No manmade boundary markers

indicate the limits of the SSSI or

protected site. The boundaries are

defined by natural features and include

the entire area of the Cape Shirreff

peninsula north of the glacier ice tongue

margin, and most of the San Telmo

Island group. For the purposes of the

protected site, the entire area of Cape

Shirreff and the San Telmo Island group

is defined as any land or rocks exposed

at mean low tide within the area

delimited by the map of SSSI No. 32

and available from the Assistant

Administrator.

§ 300.104 Scientific research.

(a) The management measures issued

pursuant to the procedures at § 300.111

do not apply to catches of less than 5

tons taken by any vessel for research

purposes, unless otherwise indicated.

(b) Catches taken by any vessel for

research purposes will be considered as

part of any catch limit.

(c) The catch reporting procedure

identified in management measures

issued pursuant to the procedures at

§ 300.111 applies whenever the catch

within any 5-day reporting period

exceeds 5 tons, unless more specific

reporting requirements apply to the

species being fished.

(d) Any person, organization or

institution planning to use a vessel for

research purposes, when the estimated

catch is expected to be less than 50 tons,

must provide the following vessel and

research notification to the Assistant

Administrator at least 2 months in

advance of the planned research:

(1) Name and registration number of

vessel.

(2) Division and subarea in which

research is to be carried out.

(3) Estimated dates of entering and

leaving CCAMLR Convention Area.

(4) Purposes of research.

(5) Fishing equipment to be used

(bottom trawl, midwater trawl, longline,

crab pots, other).

(e) The following measures apply to

any person planning to use any vessel

for research purposes, when the

estimated catch is expected to be more

than 50 tons:

(1) The person must use the CCAMLR

Format for Reporting Plans for Finfish

Surveys in the Convention Area when

the Total Catch is Expected to be More

Than 50 Tons to report the details of the

research plan to the Assistant

Administrator at least 7 months in

advance of the planned starting date for

the research. A copy of the format is

available from the Assistant

Administrator.

(2) The format requires:

(i) The name of the CCAMLR Member.

(ii) Survey details.

(iii) Description of the vessel.

(iv) Description of the fishing gear to

be used.

(v) Description of acoustic gear to be

used.

(vi) Survey design and methods of

data analyses.

(vii) Data to be collected.

(3) A summary of the results of any

research fishing subject to these

provisions must be provided to the

Assistant Administrator within 150 days

of the completion of the research fishing

and a full report must be provided

within 11 months.

(4) Catch and effort data resulting

from the research fishing must be

reported to the Assistant Administrator

using the CCAMLR C4 haul-by-haul

reporting format for research vessels.

§ 300.105 Initiating a new fishery.

(a) A new fishery, for purposes of this

section, is a fishery on a species using

a particular method in a statistical

subarea for which:

(1) Information on distribution,

abundance, demography, potential yield

and stock identity from comprehensive

research/surveys or exploratory fishing

has not been submitted to CCAMLR;

(2) Catch and effort data have never

been submitted to CCAMLR; or

(3) Catch and effort data from the two

most recent seasons in which fishing

occurred have not been submitted to

CCAMLR.

(b) An individual subject to these

regulations intending to develop a new

fishery shall notify the Assistant

Administrator no later than July 1 of the

year in which he or she intends to

initiate the fishery and shall not initiate

the fishery pending CCAMLR review.

(c) The notification shall be

accompanied by information on:

(1) The nature of the proposed fishery,

including target species, methods of

fishing, proposed region and any

minimum level of catches that would be

required to develop a viable fishery.

(2) Biological information from

comprehensive research/survey cruises,

such as distribution, abundance,

demographic data and information on

stock identity.

(3) Details of dependent and

associated species and the likelihood of

them being affected by the proposed

fishery.

(4) Information from other fisheries in

the region or similar fisheries elsewhere

that may assist in the valuation of

potential yield.

§ 300.106 Exploratory fisheries.

(a) An exploratory fishery, for

purposes of this section, is a fishery that

was previously defined as a new fishery

under § 300.105.

(b) A fishery will continue to be

classified as an exploratory fishery until

sufficient information is available to:

(1) Evaluate the distribution,

abundance, and demography of the

target species, leading to an estimate of

the fishery’s potential yield.

(2) Review the fishery’s potential

impacts on dependent and related

species.

(3) Allow the CCAMLR Scientific

Committee to formulate and provide

advice to the Commission on

appropriate harvest catch levels and

fishing gear.

(c) Each vessel participating in an

exploratory fishery must carry a

scientific observer.

(d) The operator of any vessel

engaging in an exploratory fishery must

submit, by the date specified in the

operator’s harvesting permit, catch,

effort, and related biological, ecological,

and environmental data as required by

a data collection plan for the fishery

formulated by the CCAMLR Scientific

Committee.

(e) In addition to the requirements in

§ 300.112, any individual planning to

enter an exploratory fishery must notify

the Assistant Administrator no later

than 4 months in advance of the annual

meeting of CCAMLR. The Assistant

Administrator will not issue a permit to

enter an exploratory fishery until after

the requirements of § 300.112 have been

met and the meeting of CCAMLR, which

receives and considers the notice made

to the Assistant Administrator, has been

concluded.

§ 300.107 Reporting and recordkeeping

requirements.

The operator of any vessel required to

have a permit under this subpart must:

(a) Accurately maintain on board the

vessel a fishing logbook and all other

reports and records required by its

permit.

(b) Make such reports and records

available for inspection upon the
25462 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

request of an authorized officer or

CCAMLR inspector.

(c) Within the time specified in the

permit, submit a copy of such reports

and records to the Assistant

Administrator.

§ 300.108 Vessel and gear identification.

(a) Vessel identification. (1) The

operator of each harvesting vessel

assigned an IRCS must display that call

sign amidships on both the port and

starboard sides of the deckhouse or hull,

so that it is visible from an enforcement

or inspection vessel, and on an

appropriate weather deck so that it is

visible from the air.

(2) The operator of each harvesting

vessel not assigned an IRCS, such as a

small trawler associated with a

mothership or one of a pair of trawlers,

must display the IRCS of the associated

vessel, followed by a numerical suffix

specific for the non-assigned vessel.

(3) The vessel identification must be

in a color in contrast to the background

and must be permanently affixed to the

harvesting vessel in block roman

alphabet letters and arabic numerals at

least 1 m in height for harvesting vessels

over 20 m in length, and at least 0.5 m

in height for all other harvesting vessels.

(b) Navigational lights and shapes.

Each harvesting vessel must display the

lights and shapes prescribed by the

International Regulations for Preventing

Collisions at Sea, 1972 (TIAS 8587, and

1981 amendment TIAS 10672), for the

activity in which the harvesting vessel

is engaged (as described at 33 CFR part

81).

(c) Gear identification. (1) The

operator of each harvesting vessel must

ensure that all deployed fishing gear

that is not physically and continuously

attached to a harvesting vessel is clearly

marked at the surface with a buoy

displaying the vessel identification of

the harvesting vessel (see paragraph (a)

of this section) to which the gear

belongs, a light visible for 2 miles at

night in good visibility, and a radio

buoy. Trawl codends passed from one

vessel to another are considered

continuously attached gear and do not

have to be marked.

(2) The operator of each harvesting

vessel must ensure that deployed

longlines, strings of traps or pots, and

gillnets are marked at the surface at each

terminal end with a buoy displaying the

vessel identification of the harvesting

vessel to which the gear belongs (see

paragraph (a) of this section), a light

visible for 2 miles at night in good

visibility, and a radio buoy.

(3) Unmarked or incorrectly identified

fishing gear may be considered

abandoned and may be disposed of in

accordance with applicable Federal

regulations by any authorized officer or

CCAMLR inspector.

(d) Maintenance. The operator of each

harvesting vessel must:

(1) Keep the vessel and gear

identification clearly legible and in good

repair.

(2) Ensure that nothing on the

harvesting vessel obstructs the view of

the markings from an enforcement or

inspection vessel or aircraft.

(3) Ensure that the proper

navigational lights and shapes are

displayed for the harvesting vessel’s

activity and are properly functioning.

§ 300.109 Gear disposal.

(a) The operator of a harvesting vessel

may not dump overboard, jettison or

otherwise discard any article or

substance that may interfere with other

fishing vessels or gear, or that may catch

fish or cause damage to any marine

resource, including marine mammals

and birds, except in cases of emergency

involving the safety of the ship or crew,

or as specifically authorized by

communication from the appropriate

USCG commander or authorized officer.

These articles and substances include,

but are not limited to, fishing gear, net

scraps, bale straps, plastic bags, oil

drums, petroleum containers, oil, toxic

chemicals or any manmade items

retrieved in a harvesting vessel’s gear.

(b) The operator of a harvesting vessel

may not abandon fishing gear in

Convention waters.

(c) The operator of a harvesting vessel

must provide a copy of the CCAMLR

information brochure ‘‘Marine Debris—

A Potential Threat to Antarctic Marine

Mammals’’ to each member of the crew

of the harvesting vessel and must

display copies of the CCAMLR placard

‘‘Avoidance of Incidental Mortality of

Antarctic Marine Mammals’’ in the

wheelhouse and crew quarters of the

harvesting vessels. Copies of the

brochure and placard will be provided

to each holder of a harvesting permit by

NMFS when issuing the permit.

§ 300.110 Mesh size.

(a) The use of pelagic and bottom

trawls having the mesh size in any part

of a trawl less than indicated is

prohibited for any directed fishing for

the following Antarctic finfishes:

(1) Notothenia rossii and Dissostichus

eleginoides—120 mm.

(2) Champsocephalus gunnari—90

mm.

(3) Gobionotothen gibberifrons,

Notothenia kempi and Lepidorhirus

squamifrons—80 mm.

(b) Any means or device that would

reduce the size or obstruct the opening

of the meshes is prohibited.

(c) The following procedure will be

used for determining compliance with

mesh size requirements.

(1) Description of gauges. (i) Gauges

for determining mesh sizes will be 2

mm thick, flat, of durable material and

capable of retaining their shape. They

may have either a series of paralleledged sides connected by intermediate

tapering edges with a taper of one to

eight on each side, or only tapering

edges with the taper defined above.

They will have a hole at the narrowest

extremity.

(ii) Each gauge will be inscribed on its

face with the width in millimeters both

on the parallel-sided section, if any, and

on the tapering section. In the case of

the latter, the width will be inscribed

every 1 mm interval, but the indication

of the width may appear at regular

intervals other than 1 mm.

(2) Use of the gauge. (i) The net will

be stretched in the direction of the long

diagonal of the meshes.

(ii) A gauge as described in paragraph

(c)(1) of this section will be inserted by

its narrowest extremity into the mesh

opening in a direction perpendicular to

the plane of the net.

(iii) The gauge may be inserted into

the mesh opening either with a manual

force or using a weight or dynamometer,

until it is stopped at the tapering edges

by the resistance of the mesh.

(3) Selection of meshes to be

measured. (i) Meshes to be measured

will form a series of 20 consecutive

meshes chosen in the direction of the

long axis of the net, except that the

meshes to be measured need not be

consecutive if the application of

paragraph (c)(3)(ii) of this section

prevents it.

(ii) Meshes less than 50 cm from

lacings, ropes, or codline will not be

measured. This distance will be

measured perpendicular to the lacings,

ropes or codline with the net stretched

in the direction of that measurement. No

mesh will be measured which has been

mended or broken or has attachments to

the net fixed at that mesh.

(iii) Nets will be measured only when

wet and unfrozen.

(4) The measurement of each mesh

will be the width of the gauge at the

point where the gauge is stopped, when

using this gauge in accordance with

paragraph (c)(2) of this section.

(5) Determination of the mesh size of

the net will be the arithmetical mean in

millimeters of the measurements of the

total number of meshes selected and

measured as provided for in paragraphs

(c) (3) and (4) of this section, the

arithmetical mean being rounded up to

the next millimeter.
Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25463

(6) Inspection procedure. (i) One

series of 20 meshes, selected in

accordance with paragraph (c)(3) of this

section, will be measured by inserting

the gauge manually without using a

weight or dynamometer. The mesh size

of the net will then be determined in

accordance with paragraph (c)(5) of this

section. If the calculation of the mesh

size shows that the mesh size does not

appear to comply with the rules in

force, then two additional series of 20

meshes selected in accordance with

paragraph (c)(3) of this section will be

measured. The mesh size will then be

recalculated in accordance with

paragraph (c)(5) of this section, taking

into account the 60 meshes already

measured; this recalculation will be the

mesh size of the net.

(ii) If the captain of the vessel contests

the mesh size determined in accordance

with paragraph (c)(6)(i) of this section,

such measurement will not be

considered for the determination of the

mesh size and the net will be

remeasured.

(A) A weight or dynamometer

attached to the gauge will be used for

remeasurement. The choice of weight or

dynamometer is at the discretion of the

inspectors. The weight will be fixed to

the hole in the narrowest extremity of

the gauge using a hook. The

dynamometer may either be fixed to the

hole in the narrowest extremity of the

gauge or be applied at the largest

extremity of the gauge.

(B) The accuracy of the weight or

dynamometer must be certified by the

appropriate national authority.

(C) For nets of a mesh size of 35 mm

or less as determined in accordance

with paragraph (c)(6)(i) of this section,

a force of 19.61 newtons (equivalent to

a mass of 2 kg) will be applied, and for

other nets, a force of 49.03 newtons

(equivalent to a mass of 5 kg).

(D) For the purposes of determining

the mesh size in accordance with

paragraph (c)(5) of this section, when

using a weight or dynamometer, one

series of 20 meshes only will be

measured.

§ 300.111 Framework for annual

management measures.

(a) Introduction. New management

measures may be added and others

modified through publication of a

regulatory action in the Federal

Register. The following framework

process authorizes the implementation

of measures that may affect the

operation of the commercial or

exploratory fisheries, gear, area

restrictions, or changes in catch and/or

effort.

(b) Preliminary notice. The Secretary

of State shall publish preliminary notice

in the Federal Register of the

management measures adopted by the

parties to the Convention.

(c) Procedure. At its annual meeting,

usually in October or November, the

Commission may recommend new

measures and that established measures

be modified, removed, or re-instituted.

After public notice of those

recommendations by the Secretary of

State and opportunity for public

comment, and after considering the

impact of instituting the measures and

any public comment received by the

Secretary of State, the Assistant

Administrator may implement the

management measures by notice in the

Federal Register, with immediate force

and effect. The notification in the

Federal Register will summarize new

management measures, and respond to

any public comments received by the

Secretary of State on the preliminary

notice.

(d) Types of management measures to

be frameworked. Management measures

that may be implemented by regulatory

notice rather than by codified regulation

are those that generally will not remain

in effect for more than 12 months and

include catch restrictions, time and area

closures, and gear restrictions.

§ 300.112 Harvesting permits.

(a) General. (1) Every vessel subject to

the jurisdiction of the United States that

attempts to reduce or reduces any

AMLR to possession must have a

harvesting permit authorizing the

attempt or reduction, unless the attempt

or reduction occurs during recreational

fishing or is covered by an individual

permit. Boats launched from a vessel

issued a harvesting permit do not

require a separate permit, but are

covered by the permit issued the

launching vessel. Any enforcement

action that results from the activities of

a launched boat will be taken against

the launching vessel.

(2) Permits issued under this section

do not authorize vessels or persons

subject to the jurisdiction of the United

States to harass, capture, harm, kill,

harvest, or import marine mammals. No

marine mammals may be taken in the

course of commercial fishing operations

unless the taking is allowed under the

Marine Mammal Protection Act and/or

the Endangered Species Act pursuant to

an exemption or permit granted by the

appropriate agency.

(b) Responsibility of owners and

operators. (1) The owners and operators

of each harvesting vessel are jointly and

severally responsible for compliance

with the Act, this subpart, and any

permit issued under the Act and this

subpart.

(2) The owners and operators of each

such vessel are responsible for the acts

of their employees and agents

constituting violations, regardless of

whether the specific acts were

authorized or forbidden by the owners

or operators, and regardless of

knowledge concerning their occurrence.

(3) The owner of such vessel must

report any sale, change in ownership, or

other disposition of the vessel to the

Assistant Administrator within 15 days

of the occurrence.

(c) Application. Application forms for

harvesting permits are available from

the Assistant Administrator (Attn:

CCAMLR permits). A separate fully

completed and accurate application

must be submitted for each vessel for

which a harvesting permit is requested

at least 90 days before the date

anticipated for the beginning of

harvesting.

(d) Issuance. The Assistant

Administrator may issue a harvesting

permit to a vessel if the Assistant

Administrator determines that the

harvesting described in the application

will meet the requirements of the Act

and will not:

(1) Decrease the size of any harvested

population to levels below those that

ensure its stable recruitment. For this

purpose, the Convention recommends

that its size not be allowed to fall below

a level close to that which ensures the

greatest net annual increment.

(2) Upset the ecological relationships

between harvested, dependent, and

related populations of AMLRs and the

restoration of depleted populations to

levels that will ensure stable

recruitment.

(3) Cause changes or increase the risk

of changes in the marine ecosystem that

are not potentially reversible over 2 or

3 decades, taking into account the state

of available knowledge of the direct and

indirect impact of harvesting, the effect

of the introduction of alien species, the

effects of associated activities on the

marine ecosystem and of the effects of

environmental changes, with the aim of

making possible the sustained

conservation of AMLRs.

(4) Violate the management measures

issued pursuant to § 300.111 of this

subpart.

(5) Violate any other conservation

measures in force with respect to the

United States under the Convention or

the Act.

(e) Duration. A harvesting permit is

valid from its date of issuance to its date

of expiration unless it is revoked or

suspended.
25464 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

(f) Transfer. Permits are not

transferable or assignable. A permit is

valid only for the vessel to which it is

issued.

(g) Display. Each harvesting vessel

when engaged in harvesting must either

have on board an up-to-date copy of its

harvesting permit or a fully completed

and up-to-date harvesting vessel

certificate and the vessel operator must

produce it for inspection upon the

request of an authorized officer or

CCAMLR inspector. In order for the

certificate to be considered complete,

the vessel owner or operator must enter

on it the name and IRCS of the vessel

issued the harvesting permit, the

number of the harvesting permit and its

date of issuance and expiration, the

harvesting authorized by the permit,

and all conditions and restrictions

contained in the permit. Blank

certificates are available from the

Assistant Administrator.

(h) Changes in information submitted

by permit applicants or holders—(1)

Changes in pending applications.

Applicants for a harvesting permit must

report to the Assistant Administrator in

writing any change in the information

contained in the application. The

processing period for the application

will be extended as necessary to review

the change.

(2) Changes occurring after permit

issuance—(i) Changes other than in the

manner and amount of harvesting. The

owner or operator of a vessel that has

been issued a harvesting permit must

report to the Assistant Administrator in

writing any change in previously

submitted information other than a

proposed change in the location,

manner, or amount of harvesting within

15 days of the change. Based on such

reported information, the Assistant

Administrator may revise the permit

effective upon notification to the permit

holder. As soon as possible, the vessel

owner or operator must revise any

harvesting vessel certificate evidencing

the permit, accordingly.

(ii) Requested changes in the location,

manner, or amount of harvesting. Any

changes in the manner or amount of

harvesting must be proposed in writing

to the Assistant Administrator and may

not be undertaken unless authorized by

the Assistant Administrator through a

permit revision or issuance of a new

permit. If a requested change in the

location, manner, or amount of

harvesting could significantly affect the

status of any Antarctic marine living

resource, the Assistant Administrator

will treat the requested change as an

application for a new permit and so

notify the holder.

(i) Additional conditions and

restrictions. The Assistant

Administrator may revise the harvesting

permit, effective upon notification to the

permit holder, to impose additional

conditions and restrictions on the

harvesting vessel as necessary to

achieve the purposes of the Convention

or the Act. The permit holder must, as

soon as possible, direct the vessel

operator to revise the harvesting vessel

certificate, if any, accordingly.

(j) Revision, suspension, or revocation

for violations. A harvesting permit may

be revised, suspended, or revoked if the

harvesting vessel is involved in the

commission of any violation of its

permit, the Act, or this subpart. Failure

to report a change in the information

contained in an application within 15

days of the change is a violation of this

subpart and voids the application or

permit, as applicable. If a change in

vessel ownership is not reported, the

violation is chargeable to the previous

owner. Title 15 CFR part 904 governs

permit sanctions under this subpart.

§ 300.113 Import permits.

(a) General. (1) Any AMLR may be

imported into the United States if its

harvest is authorized by an individual

permit or a harvesting permit. The

harvesting permit, the harvesting vessel

certificate, or the individual permit, or

a copy of any thereof, must accompany

the import. AMLRs harvested by entities

not subject to U.S. jurisdiction and,

thus, not harvested under a U.S. issued

permit (i.e., a harvesting permit or an

individual permit), also may be

imported into the United States if such

harvesting will meet or met the

requirements of the Act and will not or

did not violate any conservation

measure in force with respect to the

United States under the Convention or

the Act or violate any of the regulations

in this subpart, including resource

management measures contained

therein. A NMFS issued import permit

or copy thereof must accompany such

an import as proof that the foreign

harvested resources met such

requirements. Further, the importer is

required to complete and return to the

Assistant Administrator, no later than

10 days after the date of the importation,

an import ticket reporting the

importation. However, in no event may

a marine mammal be imported into the

United States unless authorized and

accompanied by an import permit

issued under the Marine Mammal

Protection Act and/or the Endangered

Species Act.

(2) A permit issued under this section

does not authorize the harvest of any

AMLRs.

(b) Application. Application forms for

import permits are available from the

Assistant Administrator (Attn: CCAMLR

permits). A fully completed and

accurate application must be submitted

for each import permit requested at least

30 days before the anticipated date of

the importation.

(c) Issuance. The Assistant

Administrator may issue an import

permit if the Assistant Administrator

determines that the importation meets

the requirements of the Act and that the

resources were not or will not be

harvested in violation of any

conservation measure in force with

respect to the United States or in

violation of any regulation in this

subpart. Blank import tickets will be

attached to the permit. Additional blank

import tickets are available from the

Assistant Administrator.

(d) Duration. An import permit is

valid from its date of issuance to its date

of expiration unless it is revoked or

suspended.

(e) Transfer. An import permit is not

transferable or assignable.

(f) Changes in information submitted

by permit applicants or holders—(1)

Changes in pending applications.

Applicants for an import permit must

report in writing to the Assistant

Administrator any change in the

information submitted in their import

permit application. The processing

period for the application will be

extended as necessary to review the

change.

(2) Changes occurring after permit

issuance. Any entity issued an import

permit must report in writing to the

Assistant Administrator any changes in

previously submitted information. Any

changes that would not result in a

change in the importation authorized by

the permit must be reported on the

import ticket required to be submitted to

the Assistant Administrator no later

than 10 days after the date of

importation. Any changes that would

result in a change in the importation

authorized by the permit, such as

country of origin, type and quantity of

the resource to be imported, and

Convention statistical subarea from

which the resource was harvested, must

be proposed in writing to the Assistant

Administrator and may not be

undertaken unless authorized by the

Assistant Administrator by a permit

revision or new permit.

(g) Revision, suspension, or

revocation. An import permit may be

revised, suspended, or revoked based

upon information subsequently

reported, effective upon notification to

the permit holder. An import permit

may be revised, suspended, or revoked,
Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25465

based upon a violation of the permit, the

Act, or this subpart. Failure to report a

change in the information contained in

an import permit application is a

violation of this subpart and voids the

application or permit, as applicable.

Title 15 CFR part 904 governs permit

sanctions under this subpart.

(h) Disposition of resources not

accompanied by required

documentation. (1) When AMLRs are

imported into the United States

unaccompanied by a permit authorizing

import, the importer must either:

(i) Abandon the resources;

(ii) Waive claim to the resources; or

(iii) Place the resources into a bonded

warehouse and attempt to obtain a

permit authorizing their importation.

(2) If, within 60 days of such

resources being placed into a bonded

warehouse, the District Director of the

U.S. Customs Service receives

documentation that import of the

resources into the United States is

authorized by a permit, the resources

will be allowed entry. If documentation

of a permit is not presented within 60

days, the importer’s claim to the

resources will be deemed waived.

(3) When resources are abandoned or

claim to them waived, the resources will

be delivered to the Administrator of

NOAA, or a designee, for storage or

disposal as authorized by law.

§ 300.114 Appointment of a designated

representative.

(a) All holders of permits authorizing

fishing in subarea 48.3 must appoint a

designated representative in the United

States.

(b) The designated representative will

be notified of closures under § 300.111

and must transmit this information to

the vessel on the grounds.

(c) The designated representative may

receive catch reports from the vessel

and transmit the reports to NMFS in

writing.

§ 300.115 Prohibitions.

In addition to the prohibitions in

§ 300.4, it is unlawful for any person to:

(a) Reduce to possession or attempt to

reduce to possession any AMLRs

without a permit for such activity as

required by § 300.112.

(b) Import into the United States any

AMLRs without either a permit to

import those resources as required by

§ 300.113 or a permit to harvest those

resources as required by § 300.112.

(c) Engage in harvesting or other

associated activities in violation of the

provisions of the Convention or in

violation of a conservation measure in

force with respect to the United States

under Article IX of the Convention.

(d) Ship, transport, offer for sale, sell,

purchase, import, export or have

custody, control or possession of, any

AMLR that he or she knows, or

reasonably should have known, was

harvested in violation of a conservation

measure in force with respect to the

United States under article IX of the

Convention or in violation of any

regulation promulgated under this

subpart, without regard to the

citizenship of the person that harvested,

or vessel that was used in the harvesting

of, the AMLR.

(e) Refuse to allow any CCAMLR

inspector to board a vessel of the United

States or a vessel subject to the

jurisdiction of the United States for the

purpose of conducting an inspection

authorized by the Act, this subpart, or

any permit issued under the Act.

(f) Refuse to provide appropriate

assistance, including access as

necessary to communications

equipment, to CCAMLR inspectors.

(g) Refuse to sign a written

notification of alleged violations of

Commission measures in effect prepared

by a CCAMLR inspector.

(h) Assault, resist, oppose, impede,

intimidate, or interfere with a CCAMLR

inspector in the conduct of any boarding

or inspection authorized by the Act, this

subpart, or any permit issued under the

Act.

(i) Use any vessel to engage in

harvesting after the revocation, or

during the period of suspension, of an

applicable permit issued under the Act.

(j) Fail to identify, falsely identify, fail

to properly maintain, or obscure the

identification of a harvesting vessel or

its gear as required by this subpart.

(k) Fish in a closed area.

(l) Trawl with a mesh size in any part

of the trawl net smaller than that

allowed for any directed fishing for

Antarctic finfishes as specified in

management measures issued pursuant

to § 300.111.

(m) Use any means or device that

would reduce the size or obstruct the

opening of the trawl meshes specified in

management measures issued pursuant

to § 300.111.

(n) Possess fish in violation of the

catch limit specified in management

measures issued pursuant to § 300.111.

(o) Discard netting or other substances

in the Convention Area in violation of

§ 300.109.

(p) Violate or attempt to violate any

provision of this subpart, the Act, any

other regulation promulgated under the

Act or any permit issued under the Act.

§ 300.116 Facilitation of enforcement and

inspection.

In addition to the facilitation of

enforcement provisions of § 300.5, the

following requirements apply to this

subpart.

(a) Access and records. (1) The

owners and operator of each harvesting

vessel must provide authorized officers

and CCAMLR inspectors access to all

spaces where work is conducted or

business papers and records are

prepared or stored, including but not

limited to personal quarters and areas

within personal quarters. If inspection

of a particular area would interfere with

specific on-going scientific research,

and if the operator of the harvesting

vessel makes such assertion and

produces an individual permit that

covers that specific research, the

authorized officer or CCAMLR inspector

will not disturb the area, but will record

the information pertaining to the denial

of access.

(2) The owner and operator of each

harvesting vessel must provide to

authorized officers and CCAMLR

inspectors all records and documents

pertaining to the harvesting activities of

the vessel, including but not limited to

production records, fishing logs,

navigation logs, transfer records,

product receipts, cargo stowage plans or

records, draft or displacement

calculations, customs documents or

records, and an accurate hold plan

reflecting the current structure of the

vessel’s storage and factory spaces.

(3) Before leaving vessels that have

been inspected, the CCAMLR inspector

will give the master of the vessel a

Certificate of Inspection and a written

notification of any alleged violations of

Commission measures in effect and will

afford the master the opportunity to

comment on it. The ship’s master must

sign the notification to acknowledge

receipt and the opportunity to comment

on it.

(b) Reports by non-inspectors. All

scientists, fishermen, and other noninspectors present in the Convention

area and subject to the jurisdiction of

the United States are encouraged to

report any violation of Commission

conservation and management measures

observed in the Convention area to the

Office of Ocean Affairs (CCAMLR

Violations), Department of State, Room

5801, Washington, DC 20520.

(c) Storage of AMLRs. The operator of

each harvesting vessel storing AMLRs in

a storage space on board the vessel must

ensure that non-resource items are

neither stowed beneath nor covered by

resource items, unless required to

maintain the stability and safety of the

vessel. Non-resource items include, but

are not limited to, portable conveyors,

exhaust fans, ladders, nets, fuel

bladders, extra bin boards, or other

moveable non-resource items. These
25466 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

non-resource items may be in a resource

storage space when necessary for the

safety of the vessel or crew or for the

storage of the items. Lumber, bin boards,

or other dunnage may be used for

shoring or bracing of product to ensure

the safety of crew and to prevent

shifting of cargo within the space.

§ 300.117 Penalties.

Any person or harvesting vessel found

to be in violation of the Act, this

subpart, or any permit issued under this

subpart will be subject to the civil and

criminal penalty provisions and

forfeiture provisions prescribed in the

Act, 15 CFR part 904, and other

applicable laws.

BILLING CODE 3510–22–W
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BILLING CODE 3510–22–C
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Subpart H—Vessels of the United

States Fishing in Columbian Treaty

Waters

Authority: 16 U.S.C. 1801 et seq.

§ 300.120 Purpose.

This subpart implements fishery

conservation and management measures

as provided in fishery agreements

pursuant to the Treaty Between the

Government of the United States of

America and the Government of the

Republic of Colombia Concerning the

Status of Quita Sueno, Roncador and

Serrana (TIAS 10120) (Treaty).

§ 300.121 Definitions.

In addition to the terms defined in

§ 300.2, the Magnuson Act, and § 600.10

of this title, and in the Treaty, the terms

used in this subpart have the following

meanings. If a term is defined

differently in § 300.2, the Magnuson

Act, or the Treaty, the definition in this

section shall apply.

Conch means Strombus gigas.

Factory vessel means a vessel that

processes, transforms, or packages

aquatic biological resources on board.

Lobster means one or both of the

following:

(1) Smoothtail lobster, Panulirus

laevicauda.

(2) Spiny lobster, Panulirus argus.

Regional Director means the Director,

Southeast Region, or a designee.

Science and Research Director means

the Director, Southeast Fisheries

Science Center.

Treaty waters means the waters of one

or more of the following:

(1) Quita Sueno, enclosed by latitudes

13°55′ N. and 14°43′ N. between

longitudes 80°55′ W. and 81°28′ W.

(2) Serrana, enclosed by arcs 12

nautical miles from the low water line

of the cays and islands in the general

area of 14°22′ N. lat., 80°20′ W. long.

(3) Roncador, enclosed by arcs 12

nautical miles from the low water line

of Roncador Cay, in approximate

position 13°35′ N. lat., 80°05′ W. long.

§ 300.122 Relation to other laws.

(a) The relation of this subpart to

other laws is set forth in § 600.705 of

this title and paragraph (b) of this

section. Particular note should be made

to the reference in § 600.705 to the

applicability of title 46 U.S.C., under

which a Certificate of Documentation is

invalid when the vessel is placed under

the command of a person who is not a

citizen of the United States.

(b) Minimum size limitations for

certain species, such as reef fish in the

Gulf of Mexico, may apply to vessels

transitting the EEZ with such species

aboard.

§ 300.123 Certificates and permits.

(a) Applicability. An owner of a vessel

of the United States that fishes in treaty

waters is required to obtain an annual

certificate issued by the Republic of

Colombia and an annual vessel permit

issued by the Regional Director.

(b) Application for certificate/permit.

(1) An application for a permit must be

submitted and signed by the vessel’s

owner. An application may be

submitted at any time, but should be

submitted to the Regional Director not

less than 90 days in advance of its need.

Applications for the ensuing calendar

year should be submitted to the

Regional Director by October 1.

(2) An applicant must provide the

following:

(i) A copy of the vessel’s valid USCG

certificate of documentation or, if not

documented, a copy of its valid state

registration certificate.

(ii) Vessel name and official number.

(iii) Name, address, telephone

number, and other identifying

information of the vessel owner or, if

the owner is a corporation or

partnership, of the responsible corporate

officer or general partner.

(iv) Principal port of landing of fish

taken from treaty waters.

(v) Type of fishing to be conducted in

treaty waters.

(vi) Any other information concerning

the vessel, gear characteristics, principal

fisheries engaged in, or fishing areas, as

specified on the application form.

(vii) Any other information that may

be necessary for the issuance or

administration of the permit, as

specified on the application form.

(c) Issuance. (1) The Regional Director

will request a certificate from the

Republic of Colombia if:

(i) The application is complete.

(ii) The applicant has complied with

all applicable reporting requirements of

§ 300.124 during the year immediately

preceding the application.

(2) Upon receipt of an incomplete

application, or an application from a

person who has not complied with all

applicable reporting requirements of

§ 300.124 during the year immediately

preceding the application, the Regional

Director will notify the applicant of the

deficiency. If the applicant fails to

correct the deficiency within 30 days of

the Regional Director’s notification, the

application will be considered

abandoned.

(3) The Regional Director will issue a

permit as soon as the certificate is

received from the Republic of Colombia.

(d) Duration. A certificate and permit

are valid for the calendar year for which

they are issued, unless the permit is

revoked, suspended, or modified under

subpart D of 15 CFR part 904.

(e) Transfer. A certificate and permit

issued under this section are not

transferable or assignable. They are

valid only for the fishing vessel and

owner for which they are issued.

(f) Display. A certificate and permit

issued under this section must be

carried aboard the fishing vessel while

it is in treaty waters. The operator of a

fishing vessel must present the

certificate and permit for inspection

upon request of an authorized officer or

an enforcement officer of the Republic

of Colombia.

(g) Sanctions and denials. Procedures

governing enforcement-related permit

sanctions and denials are found at

subpart D of 15 CFR part 904.

(h) Alteration. A certificate or permit

that is altered, erased, or mutilated is

invalid.

(i) Replacement. A replacement

certificate or permit may be issued upon

request. Such request must clearly state

the reason for a replacement certificate

or permit.

(j) Change in application information.

The owner of a vessel with a permit

must notify the Regional Director within

30 days after any change in the

application information required by

paragraph (b)(2) of this section. The

permit is void if any change in the

information is not reported within 30

days.

§ 300.124 Recordkeeping and reporting.

(a) Arrival and departure reports. The

operator of each vessel of the United

States for which a certificate and permit

have been issued under § 300.123 must

report by radio to the Port Captain, San

Andres Island, voice radio call sign

‘‘Capitania de San Andres,’’ the vessel’s

arrival in and departure from treaty

waters. Radio reports must be made on

8222.0 kHz or 8276.5 kHz between 8:00

a.m. and 12 noon, local time (1300–

1700, Greenwich mean time) Monday

through Friday.

(b) Catch and effort reports. Each

vessel of the United States must report

its catch and effort on each trip into

treaty waters to the Science and

Research Director on a form available

from the Science and Research Director.

These forms must be submitted to the

Science and Research Director so as to

be received no later than 7 days after the

end of each fishing trip.

§ 300.125 Vessel identification.

(a) Official number. A vessel with a

permit issued pursuant to § 300.123,

when in treaty waters, must display its

official number on the port and

starboard sides of the deckhouse or hull,
25470 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

and on an appropriate weather deck, so

as to be clearly visible from an

enforcement vessel or aircraft. The

official number must be permanently

affixed to or painted on the vessel and

must be in block arabic numerals in

contrasting color to the background at

least 18 inches (45.7 cm) in height for

fishing vessels over 65 ft (19.8 m) in

length, and at least 10 inches (25.4 cm)

in height for all other vessel.

(b) Duties of operator. The operator of

each fishing vessel must—

(1) Keep the official number clearly

legible and in good repair.

(2) Ensure that no part of the fishing

vessel, its rigging, fishing gear, or any

other material aboard obstructs the view

of the official number from an

enforcement vessel or aircraft.

§ 300.126 Prohibitions.

In addition to the general prohibitions

specified in § 600.725 of this title and

the prohibited acts specified in § 300.4,

it is unlawful for any person to do any

of the following:

(a) Fish in treaty waters without the

certificate and permit aboard, or fail to

display the certificate and permit, as

specified in § 300.123 (a) and (f).

(b) Fail to notify the Regional Director

of a change in application information,

as specified in § 300.123(j).

(c) Fail to report a vessel’s arrival in

and departure from treaty waters, as

required by § 300.124(a).

(d) Falsify or fail to display and

maintain vessel identification, as

required by § 300.125.

(e) Fail to comply immediately with

instructions and signals issued by an

enforcement officer of the Republic of

Colombia, as specified in § 300.127.

(f) Operate a factory vessel in treaty

waters, as specified in § 300.130(a).

(g) Use a monofilament gillnet in

treaty waters, as specified in

§ 300.130(b).

(h) Use autonomous or semiautonomous diving equipment in treaty

waters, as specified in § 300.130(c).

(i) Use or possess in treaty waters a

lobster trap or fish trap without a

degradable panel, as specified in

§ 300.130(d).

(j) Possess conch smaller than the

minimum size limit, as specified in

§ 300.131(a).

(k) Fish for or possess conch in the

closed area or during the closed season,

as specified in § 300.131 (b) and (c).

(l) Retain on board a berried lobster or

strip eggs from or otherwise molest a

berried lobster, as specified in

§ 300.132(a).

(m) Possess a lobster smaller than the

minimum size, as specified in

§ 300.132(b).

(n) Fail to return immediately to the

water unharmed a berried or undersized

lobster, as specified in § 300.132(a) and

(b).

§ 300.127 Facilitation of enforcement.

(a) The provisions of § 600.730 of this

title and paragraph (b) of this section

apply to vessels of the United States

fishing in treaty waters.

(b) The operator of, or any other

person aboard, any vessel of the United

States fishing in treaty waters must

immediately comply with instructions

and signals issued by an enforcement

officer of the Republic of Colombia to

stop the vessel and with instructions to

facilitate safe boarding and inspection of

the vessel, its gear, equipment, fishing

record, and catch for purposes of

enforcing this subpart.

§ 300.128 Penalties.

Any person committing or fishing

vessel used in the commission of a

violation of the Magnuson Act or any

regulation issued under the Magnuson

Act, is subject to the civil and criminal

penalty provisions and civil forfeiture

provisions of the Magnuson Act, to part

600 of this title, to 15 CFR part 904, and

to other applicable law. In addition,

Colombian authorities may require a

vessel involved in a violation of this

subpart to leave treaty waters.

§ 300.129 Fishing year.

The fishing year for fishing in treaty

waters begins on January 1 and ends on

December 31.

§ 300.130 Vessel and gear restrictions.

(a) Factory vessels. Factory vessels are

prohibited from operating in treaty

waters.

(b) Monofilament gillnets. A

monofilament gillnet made from nylon

or similar synthetic material are

prohibited from being used in treaty

waters.

(c) Tanks and air hoses. Autonomous

or semiautonomous diving equipment

(tanks or air hoses) are prohibited from

being used to take aquatic biological

resources in treaty waters.

(d) Trap requirements. A lobster trap

or fish trap used or possessed in treaty

waters that is constructed of material

other than wood must have an escape

panel located in the upper half of the

sides or on top of the trap that, when

removed, will leave an opening no

smaller than the throat or entrance of

the trap. Such escape panel must be

constructed of or attached to the trap

with wood, cotton, or other degradable

material.

(e) Poisons and explosives. [Reserved]

§ 300.131 Conch harvest limitations.

(a) Size limit. The minimum size limit

for possession of conch in or from treaty

waters is 7.94 oz (225 g) for an

uncleaned meat and 3.53 oz (100 g) for

a cleaned meat.

(b) Closed area. The treaty waters of

Quita Sueno are closed to the harvest or

possession of conch.

(c) Closed season. During the period

July 1 through September 30 of each

year, the treaty waters of Serrana and

Roncador are closed to the harvest or

possession of conch.

§ 300.132 Lobster harvest limitations.

(a) Berried lobsters. A berried (eggbearing) lobster in treaty waters may not

be retained on board. A berried lobster

must be returned immediately to the

water unharmed. A berried lobster may

not be stripped, scraped, shaved,

clipped, or in any other manner

molested to remove the eggs.

(b) Size limit. The minimum size limit

for possession of lobster in or from

treaty waters is 5.5 inches (13.97 cm),

tail length. Tail length means the

measurement, with the tail in a straight,

flat position, from the anterior upper

edge of the first abdominal (tail)

segment to the tip of the closed tail. A

lobster smaller than the minimum size

limit must be returned immediately to

the water unharmed.

Subpart I—United States-Canada

Fisheries Enforcement

Authority: 16 U.S.C. 1801 et seq.

§ 300.140 Purpose and scope.

This subpart implements the

Agreement Between the Government of

the United States of America and the

Government of Canada on Fisheries

Enforcement executed at Ottawa,

Canada, on September 26, 1990

(Agreement), allowing each party to the

Agreement to take appropriate

measures, consistent with international

law, to prevent its nationals, residents

and vessels from violating those

national fisheries laws and regulations

of the other party. This subpart applies,

except where otherwise specified in this

subpart, to all persons and all places (on

water and on land) subject to the

jurisdiction of the United States under

the Magnuson Act. This includes, but is

not limited to, activities of nationals,

residents and vessels of the United

States (including the owners and

operators of such vessels) within waters

subject to the fisheries jurisdiction of

Canada as defined in this subpart, as

well as on the high seas and in waters

subject to the fisheries jurisdiction of

the United States.
Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25471

§ 300.141 Definitions.

In addition to the terms defined in

§ 300.2 and those in the Magnuson Act

and the Agreement, the terms used in

this subpart have the following

meanings. If a term is defined

differently in § 300.2, the Magnuson

Act, or the Agreement, the definition in

this section applies.

Applicable Canadian fisheries law

means any Canadian law, regulation or

similar provision relating in any manner

to fishing by any fishing vessel other

than a Canadian fishing vessel in waters

subject to the fisheries jurisdiction of

Canada, including, but not limited to,

any provision relating to stowage of

fishing gear by vessels passing through

such waters, and to obstruction or

interference with enforcement of any

such law or regulation.

Authorized officer of Canada means

any fishery officer, protection officer,

officer of the Royal Canadian Mounted

Police, or other employee authorized by

the appropriate authority of any

national or provincial agency of Canada

to enforce any applicable Canadian

fisheries law.

Canadian fishing vessel means a

fishing vessel:

(1) That is registered or licensed in

Canada under the Canada Shipping Act

and is owned by one or more persons

each of whom is a Canadian citizen, a

person resident and domiciled in

Canada, or a corporation incorporated

under the laws of Canada or of a

province, having its principle place of

business in Canada; or

(2) That is not required by the Canada

Shipping Act to be registered or

licensed in Canada and is not registered

or licensed elsewhere but is owned as

described in paragraph (1) of this

definition.

Waters subject to the fisheries

jurisdiction of Canada means the

internal waters, territorial sea, and the

zone that Canada has established,

extending 200 nautical miles from its

coasts, in which it exercises sovereign

rights for the purpose of exploration,

exploitation, conservation and

management of living marine resources,

to the extent recognized by the United

States.

§ 300.142 Prohibitions.

The prohibitions in this section apply

within waters subject to the fisheries

jurisdiction of Canada and during hot

pursuit therefrom by an authorized

officer of Canada. It is unlawful for any

national or resident of the United States,

or any person on board a vessel of the

United States, or the owner or operator

of any such vessel, to do any of the

following:

(a) Engage in fishing in waters subject

to the fisheries jurisdiction of Canada

without the express authorization of the

Government of Canada.

(b) Take or retain fish in waters

subject to the fisheries jurisdiction of

Canada without the express

authorization of the Government of

Canada.

(c) Be on board a fishing vessel in

waters subject to the fisheries

jurisdiction of Canada, without stowing

all fishing gear on board either:

(1) Below deck, or in an area where

it is not normally used, such that the

gear is not readily available for fishing;

or

(2) If the gear cannot readily be

moved, in a secured and covered

manner, detached from all towing lines,

so that it is rendered unusable for

fishing; unless the vessel has been

authorized by the Government of

Canada to fish in the particular location

within waters subject to the fisheries

jurisdiction of Canada in which it is

operating.

(d) While on board a fishing vessel in

waters subject to the fisheries

jurisdiction of Canada, fail to respond to

any inquiry from an authorized officer

of Canada regarding the vessel’s name,

flag state, location, route or destination,

and/or the circumstances under which

the vessel entered such waters.

(e) Violate the Agreement, any

applicable Canadian fisheries law, or

the terms or conditions of any permit,

license or any other authorization

granted by Canada under any such law.

(f) Fail to comply immediately with

any of the enforcement and boarding

procedures specified in § 300.143.

(g) Destroy, stave, or dispose of in any

manner, any fish, gear, cargo or other

matter, upon any communication or

signal from an authorized officer of

Canada, or upon the approach of such

an officer, enforcement vessel or

aircraft, before the officer has had the

opportunity to inspect same, or in

contravention of directions from such

an officer.

(h) Refuse to allow an authorized

officer of Canada to board a vessel for

the purpose of conducting any

inspection, search, seizure, investigation

or arrest in connection with the

enforcement of any applicable Canadian

fisheries law.

(i) Assault, resist, oppose, impede,

intimidate, threaten, obstruct, delay,

prevent, or interfere, in any manner,

with an authorized officer of Canada in

the conduct of any boarding, inspection,

search, seizure, investigation or arrest in

connection with the enforcement of any

applicable Canadian fisheries law.

(j) Make any false statement, oral or

written, to an authorized officer of

Canada in response to any inquiry by

that officer in connection with

enforcement of any applicable Canadian

fisheries law.

(k) Falsify, cover, or otherwise

obscure, the name, home port, official

number (if any), or any other similar

marking or identification of any fishing

vessel subject to this subpart such that

the vessel cannot be readily identified

from an enforcement vessel or aircraft.

(l) Attempt to do any of the foregoing.

§ 300.143 Facilitation of enforcement.

(a) General. Persons aboard fishing

vessels subject to this subpart must

immediately comply with instructions

and/or signals issued by an authorized

officer of the United States or Canada,

or by an enforcement vessel or aircraft,

to stop the vessel, and with instructions

to facilitate safe boarding and inspection

for the purpose of enforcing any

applicable Canadian fisheries law, the

Agreement, or this subpart. All of the

provisions of § 300.5 regarding

communications, boarding, and signals

apply to this subpart. For purposes of

this subpart, authorized officer in § 305

means an authorized officer of the

United States or Canada. (See paragraph

(b) of this section for specific

requirements for complying with signals

and instructions issued by an

authorized officer of Canada.)

(b) Canadian signals. In addition to

signals set forth in § 300.5, persons

aboard fishing vessels subject to this

subpart must immediately comply with

the following signals by an authorized

officer of Canada.

(1) Authorized officers of Canada use

the following signals to require fishing

vessels to stop or heave to:

(i) The hoisting of a rectangular flag,

known as the International Code Flag

‘‘L’’, which is divided vertically and

horizontally into quarters and colored

so that:

(A) The upper quarter next to the staff

and the lower quarter next to the fly are

yellow; and

(B) The lower quarter next to the staff

and the upper quarter next to the fly are

black;

(ii) The flashing of a light to indicate

the International Morse Code letter ‘‘L’’,

consisting of one short flash, followed

by one long flash, followed by two short

flashes (. – . .); or

(iii) The sounding of a horn or whistle

to indicate the International Morse Code

letter ‘‘L’’, consisting of one short blast,

followed by one long blast, followed by

two short blasts (. – . .).
25472 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

(2) Authorized officers of Canada use

the following signals to require a fishing

vessel to prepare to be boarded:

(i) The hoisting of flags representing

the International Code Flag ‘‘SQ3’’; or

(ii) The flashing of a light, or the

sounding of a horn or whistle, to

indicate the International Morse Code

Signal ‘‘SQ3’’ (. . . – – . – . . . – –).

§ 300.144 Penalties and sanctions.

Any person, any fishing vessel, or the

owner or operator of any such vessel,

who violates any provision of the

Agreement or this subpart, is subject to

the civil and criminal fines, penalties,

forfeitures, permit sanctions, or other

sanctions provided in the Magnuson

Act, part 600 of this title, 15 CFR part

904 (Civil Procedures), and any other

applicable law or regulation.

Subpart J—U.S. Nationals Fishing in

Russian Fisheries

Authority: 16 U.S.C. 1801 et seq.

§ 300.150 Purpose.

This subpart regulates U.S. nationals

fishing in the Russian fisheries and

implements the Agreement between the

Government of the United States of

America and the Government of the

Union of Soviet Socialist Republics on

Mutual Fisheries Relations, signed May

31, 1988.

§ 300.151 Definitions.

In addition to the terms defined in

§ 300.2 and those in the Magnuson Act,

the terms used in this subpart have the

following meanings. If a term is defined

differently in § 300.2 or the Magnuson

Act, the definition in this section shall

apply.

Affiliates means two persons

(including individuals and entities)

related in such a way that—

(1) One indirectly or directly controls

or has power to control the other; or

(2) A third party controls or has

power to control both. Indicia of control

include, but are not limited to,

interlocking management or ownership,

identity of interests among family

members, shared facilities and

equipment, common use of employees,

or a reorganized entity having the same

or similar management, ownership, or

employees as a former entity.

Agreement means the Agreement

Between the Government of the United

States of America and the Government

of the Union of Soviet Socialist

Republics on Mutual Fisheries

Relations, signed May 31, 1988.

Embassy of the Russian Federation

means the Fisheries Attache of the

embassy located in Washington, D.C.

Fishery resource means any fish, any

stock of fish, any species of fish, and

any habitat of fish.

Fishing or to fish means any activity

that does, is intended to, or can

reasonably be expected to result in

catching or removing from the water

fishery resources. Fishing also includes

the acts of scouting, processing, and

support.

Operator, with respect to any vessel,

means the master or other individual on

board and in charge of either the vessel,

the vessel’s fishing operation, or both.

Owner, with respect to any vessel,

means any person who owns that vessel

in whole or in part, whether or not it is

leased or chartered to or managed by

another person, or any charterer,

whether bareboat, time, or voyage, and

any person who acts in the capacity of

a charterer, or manager, including but

not limited to parties to a management

agreement, operating agreement, or any

similar agreement that bestows control

over the destination, function, or

operation of the vessel, any officer,

director, manager, controlling

shareholder of any entity described in

this definition, any agent designated as

such by any person described in this

definition, and any affiliate of any

person described in this definition.

Processing means any operation by a

vessel to receive fish from a fishing

vessel and/or the preparation of fish,

including but not limited to cleaning,

cooking, canning, smoking, salting,

drying, or freezing, either on the vessel’s

behalf or to assist another vessel.

Regional Director means Director,

Alaska Region, or a designee.

Relevant laws and regulations of the

Russian Federation means those

Russian laws and regulations that

concern fishing for fishery resources

over which Russia exercises sovereign

rights or fishery management authority.

Russian and Federation mean the

Russian Federation, its government, or

any organ or entity of its government.

Russian continental shelf or

continental shelf of Russia means the

seabed and subsoil of the submarine

areas over which, consistent with

international law, Russia exercises

sovereign rights.

Russian Economic Zone or Russian

EZ means a zone of waters off the coast

of Russia beyond and adjacent to the

Russian territorial sea extending a

distance of up to 200 nautical miles

from the baseline from which the

territorial sea is measured, within

which, consistent with international

law, Russia has sovereign rights over the

fishery resources.

Russian Federation or Russia means

the governing entity that succeeded the

Union of Soviet Socialist Republics, and

that is the successor party to the

Agreement of May 31, 1988.

Russian fisheries, Russian fishery

resources, or fishery resources over

which Russia exercises sovereign rights

or fishery management authority means

fishery resources within the Russian EZ,

fishery resources of the Russian

continental shelf, and anadromous

species that originate in the waters of

Russia, whether found in the Russian

EZ or beyond any exclusive economic

zone or its equivalent.

Scouting means any operation by a

vessel exploring (on behalf of the vessel

or another vessel) for the presence of

fish by any means that do not involve

the catching of fish.

Support means any operation by a

vessel assisting fishing by another

vessel, including—

(1) Transferring or transporting fish or

fish products; or

(2) Supplying a fishing vessel with

water, fuel, provisions, fishing

equipment, fish processing equipment,

or other supplies.

§ 300.152 Procedures.

(a) Application for annual permits.

U.S. vessel owners and operators must

have a valid permit issued by the

Russian Federation obtained pursuant to

a complete application submitted

through NMFS before fishing in the

Russian EZ or for Russian fishery

resources. Application forms and copies

of applicable laws and regulations of the

Russian Federation may be obtained

from NMFS Headquarters.

(b) Other application information.

Applications for motherships,

processing or transport vessels must

identify the type of fishing gear to be

employed or the fishing quotas if the

vessel has received or is requesting a

quota. To facilitate processing, NMFS

requests that permit applications for

more than 10 vessels be grouped by type

and fishing area, and provide the name,

address, telephone, and FAX number(s)

of an individual who will be the official

point of contact for an application.

(c) Review of Applications. NMFS will

review each application, and, if it is

complete, forward it to the Department

of State for submission to the competent

authorities of the Russian Federation.

NMFS will notify the permit applicant

when the permit is submitted to the

Russian Federation. NMFS will return

incomplete applications to the

applicant.

(d) Direct Communication. U.S.

applicants may communicate directly

with the Russian Federation with regard

to the status of their applications or

permits and are encouraged to do so.
Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25473

Owners and operators should make

direct contact and work with Russian

industry and government authorities.

§ 300.153 Permit issuance.

(a) Acceptance. Once the Department

of State has accepted the conditions and

restrictions proposed by the Russian

Federation and all fees have been paid,

the competent authorities of the Russian

Federation will approve the application.

The Russian Federation will issue a

permit to the vessel owner for each

fishing vessel for which it has approved

an application. That vessel will

thereupon be authorized by the Russian

Federation to fish in accordance with

the Agreement and the terms and

conditions set forth in the permit. The

vessel owner is prohibited from

transferring the permit to any other

vessel or person. Any such transfer, or

the sale or other transfer of the vessel,

will immediately invalidate the permit.

The vessel owner must notify NMFS of

any change in the permit application

information submitted to NMFS

Headquarters under § 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 permit copy required by

paragraph (b) of this section or any other

information or report required by any

other provision of this subpart; or the

failure to pay required permit fees.

(d) Russian-imposed sanctions. (1)

The Russian Federation will impose

appropriate fines, penalties, or

forfeitures in accordance with its laws,

for violations of its relevant laws or

regulations.

(2) In the case of arrest and seizure of

a U.S. vessel by Russian authorities,

notification will be given promptly

through diplomatic channels informing

the United States of the facts and

actions taken.

(3) The Russian Federation will

release U.S. vessels and their crews

promptly, subject to the posting of

reasonable bond or other security.

(4) The sanctions for violations of

limitations or restrictions on fishing

operations will be appropriate fines,

penalties, forfeitures, or revocations or

suspensions of fishing privileges.

§ 300.154 Recordkeeping and reporting.

(a) General. The owner and operator

of a vessel subject to this subpart are

responsible for complying with all

recordkeeping and reporting

requirements in this part in a timely and

accurate manner. Reports and records

required by this subpart must be in

English, in the formats specified, and

unless otherwise specified, based on

Greenwich mean time (GMT).

(b) Vessel permit abstract report. (1)

The owner and operator of a vessel

subject to this subpart must submit to

NMFS Headquarters a permit abstract

report containing the following

information:

(i) Vessel name.

(ii) Russian Federation permit

number.

(iii) Duration of permit (e.g., 1/1/91–

12/31/91).

(iv) Authorized areas of fishing

operations in geographic coordinates.

(v) Authorized catch quota in tons.

(vi) Authorized fishing gear.

(vii) Type of permit (e.g., catcher).

(2) The report must be telefaxed to

(301) 713–0596 within 5 calendar days

of receipt of the Russian permit.

(c) Activity reports. The owner and

operator of a vessel subject to this

subpart must submit to the Regional

Director by telefax to (907) 586–7313,

the following reports:

(1) Depart Report (Action code

DEPART). At least 24 hours before the

vessel departs from the EEZ for the

Russian EZ, NMFS must receive the

following information:

(i) The date (month and day), and

time (hour and minute GMT), and

position (latitude and longitude to the

nearest degree and minute), at which

the vessel will depart the EEZ for the

Russian EZ.

(ii) The weight in metric tons (to the

nearest hundredth of a metric ton) of all

fish and fish product (listed by species

and product codes) on board the vessel

at the time it will depart the EEZ.

(2) Return Report (Action code

RETURN). At least 24 hours before a

vessel that has been in the Russian EZ

enters the EEZ, NMFS must receive the

following information:

(i) The date (month and day), time

(hour and minute GMT), and position

(latitude and longitude to the nearest

degree and minute), at which the vessel

will enter the EEZ.

(ii) The weight in metric tons (to the

nearest hundredth of a metric ton) of all

fish and fish products (listed by species

and product codes) on board the vessel

at the time it will enter the EEZ, and the

areas (Russian EZ, U.S. EEZ, or other) in

which such fish products were

harvested or received.

(3) All reports must specify: The

appropriate action code (‘‘DEPART’’ or

‘‘RETURN’’); the vessel’s name and

international radio call sign (IRCS); the

sender’s name and telephone number,

and FAX, TELEX, and COMSAT

numbers; the date (month and day) and

time (hour and minute GMT) that the

report is submitted to NMFS; and the

intended date and U.S. port of landing.

A list of species and product codes may

be obtained from the Regional Director.

(d) Recordkeeping. The owner and

operator of a vessel subject to this

subpart must retain all copies of all

reports required by this subpart on

board the vessel for 1 year after the end

of the calendar year in which the report

was generated. The owner and operator

must retain and make such records

available for inspection upon the

request of an authorized officer at any

time for 3 years after the end of the

calendar year in which the report was

generated, whether or not such records

on board the vessel.

§ 300.155 Requirements.

(a) Compliance with permit

requirements. (1) U.S. nationals and

vessels subject to this subpart must have

a valid permit, as specified in

§ 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
25474 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

both the United States and Russia are

parties, or in accordance with specific

authorization and controls established

by the Russian Federation. The

provisions of the Marine Mammal

Protection Act (MMPA), 16 U.S.C. 1361

et seq. also apply to any person or vessel

subject to the jurisdiction of the United

States while in the Russian EZ, and it

shall not be a defense to any violation

of the MMPA that the person or vessel

was acting in accordance with any

permit or authorization issued by the

Russian Federation.

(d) Cooperation with enforcement

procedures. (1) The operator of, or any

person aboard, any U.S. vessel subject to

this subpart must immediately comply

with instructions and signals issued by

an authorized officer of the Russian

Federation to stop the vessel and with

instructions to facilitate safe boarding

and inspection of the vessel, its gear,

equipment, fishing record, and catch for

purposes of enforcing the relevant laws

and regulations of Russia.

(2) The operator of, and any person

aboard, any U.S. vessel subject to this

subpart, must comply with directions

issued by authorized officers of the

Russian Federation in connection with

the seizure of the vessel for violation of

the relevant laws or regulations of the

Russian Federation.

(3) U.S. nationals and vessels subject

to this subpart must pay all fines and

penalties and comply with forfeiture

sanctions imposed by the Russian

Federation for violations of its relevant

laws and regulations.

(4) The operator of, and any person

aboard, any U.S. vessel subject to this

subpart must immediately comply with

instructions and signals issued by an

authorized officer of the United States to

stop the vessel and with instructions to

facilitate safe boarding and inspection of

the vessel, its gear, equipment, fishing

records, and catch for purposes of

enforcing the Magnuson Act, the

Agreement, and this subpart.

(e) Compliance with observer

requirements. The owner of, operator of,

and any person aboard, any U.S. vessel

fishing in the Russian EZ or for Russian

fishery resources to which a Russian

observer is assigned must—

(1) Allow and facilitate, on request,

boarding of a U.S. vessel by the

observer.

(2) Provide to the observer, at no cost

to the observer or the Russian

Federation, the courtesies and

accommodations provided to ship’s

officers.

(3) Cooperate with the observer in the

conduct of his or her official duties.

(4) Reimburse the Russian Federation

for the costs of providing an observer

aboard the vessel.

§ 300.156 Prohibited acts.

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 the costs incurred in the

utilization of Russian observers placed

aboard such vessel.

(m) To possess, have custody or

control of, ship, transport, offer for sale,

sell, purchase, transship, import, export,

or traffic in any manner, any fish or

parts thereof taken or retained, landed,

purchased, sold, traded, acquired, or

possessed, in any manner, in violation

of the relevant laws and regulations of

the Russian Federation, the Magnuson

Act, or this subpart.

(n) To enter the Russian EZ to fish

unless a permit application has been

submitted through NMFS to the

competent authorities of the Russian

Federation by the U.S. Department of

State for such vessel as provided in this

subpart.

(o) To fish for Russian fisheries or to

possess fish taken in Russian fisheries

on board a vessel subject to this subpart

without a valid permit or other valid

form of authorization issued by the

competent authorities of the Russian

Federation on board the vessel.

(p) To falsify, or fail to report to

NMFS, any change in the information

contained in a permit application

subject to this subpart within 7 calendar

days of such change.

(q) To attempt to do, cause to be done,

or aid and abet in doing, any of the

foregoing.

(r) To violate any other provision of

this subpart.

§ 300.157 Penalties.

In addition to any fine, penalty, or

forfeiture imposed by the Russian

Federation, nationals and vessels of the

United States violating the prohibitions

of § 300.156 are subject to the fines,

penalties, and forfeitures and the

adjudicative procedures provided in the

Magnuson Act, 16 U.S.C. 1858, 1860,

1861, and any other applicable laws and

regulations of the United States.

Subpart K—Transportation and

Labeling of Fish or Wildlife

Authority: 16 U.S.C. 3371–3378.

§ 300.160 Requirement for marking of

containers or packages.

Except as otherwise provided in this

subpart, all persons are prohibited from

importing, exporting, or transporting in

interstate commerce any container or

package containing any fish or wildlife

(including shellfish) unless each

container or package is conspicuously

marked on the outside with both the

name and address of the shipper and

consignee and an accurate list of its

contents by species and number of each

species.

§ 300.161 Alternatives and exceptions.

(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
Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25475

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 lading, or other similar

document, must reflect that number or

label.

(4) A conveyance (truck, plane, boat,

etc.) is not considered a container for

purposes of requiring specific marking

of the conveyance itself, provided that:

(i) The fish or wildlife within the

conveyance is carried loosely or is

readily identifiable, and is accompanied

by the document required by paragraph

(a)(1)(ii) of this section; or

(ii) The fish or wildlife is otherwise

packaged and marked in accordance

with this subpart.

(b) The requirements of § 300.160 do

not apply to containers or packages

containing—

(1) Fox, nutria, rabbit, mink,

chinchilla, marten, fisher, muskrat, and

karakul that have been bred and born in

captivity, or their products, if a signed

statement certifying that the animals

were bred and born in captivity

accompanies the shipping documents;

(2) Fish or shellfish contained in retail

consumer packages labeled pursuant to

the Food, Drug and Cosmetic Act, 21

U.S.C. 301 et seq.; or

(3) Fish or shellfish that are landed

by, and offloaded from, a fishing vessel

(whether or not the catch has been

carried by the fishing vessel interstate),

as long as the fish or shellfish remain at

the place where first offloaded.

PART 695—[REMOVED]

3. Under the authority of 16 U.S.C.

1801 et seq., 50 CFR part 695 is

removed.

[FR Doc. 96–12447 Filed 5–15–96; 5:02 pm]

BILLING CODE 3510–22–W