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International Affairs; Antarctic Marine Living Resources Convention Act


Published: 2017-01-19

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Federal Register, Volume 82 Issue 12 (Thursday, January 19, 2017)


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


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 300

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


International Affairs; Antarctic Marine Living Resources
Convention Act

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

ACTION: Final rule.

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

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

DATES: This rule is effective February 21, 2017.

FOR FURTHER INFORMATION CONTACT: Mi Ae Kim, Office of International
Affairs and Seafood Inspection, NMFS (phone 301-427-8365, or email
mi.ae.kim@noaa.gov).

SUPPLEMENTARY INFORMATION:

Background

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

[[Page 6222]]

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

Changes From the Proposed Rule

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

Responses to Public Comments

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

CCAMLR Ecosystem Monitoring Program Sites

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

Regulatory Structure

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

Classification

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

Regulatory Flexibility Act (RFA)

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

Paperwork Reduction Act

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

[[Page 6223]]

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

List of Subjects

15 CFR Part 902

Reporting and recordkeeping requirements.

50 CFR Part 300

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

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

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

TITLE 15: COMMERCE AND FOREIGN TRADE

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

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

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


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


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

* * * * *
(b) * * *

------------------------------------------------------------------------
Current OMB
control number
CFR part or section where the information collection (all numbers
requirement is located begin with
0648-)
------------------------------------------------------------------------

* * * * *
50 CFR:

* * * * *
300.103(b) and (c)...................................... -0194
300.104................................................. -0194
300.105................................................. -0194
300.106................................................. -0194
300.107(c) and (l)...................................... -0194
300.107(k).............................................. -0724
300.108................................................. -0194
300.109(c).............................................. -0194
300.110(e).............................................. -0194
300.111................................................. -0194
300.112................................................. -0194
300.113(a).............................................. -0194

* * * * *
------------------------------------------------------------------------

* * * * *

Title 50: Wildlife and Fisheries

PART 300--INTERNATIONAL FISHERIES REGULATIONS

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

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

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

Subpart G--Antarctic Marine Living Resources

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


Sec. 300.100 Purpose and scope.

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


Sec. 300.101 Definitions.

In addition to the terms defined in Sec. 300.2, in the Act, and in
the Convention on the Conservation of Antarctic Marine Living
Resources, done at Canberra, Australia, May 7, 1980 (Convention) the
terms used in this subpart have the following meanings for purposes of
this subpart. If a term is defined differently in Sec. 300.2, than in
the Act, or Convention, the definition in this section shall apply.
ACA means the Antarctic Conservation Act of 1978 (16 U.S.C. 2401,
et seq.).
Annual or biennial measure means a conservation measure that:
(1) Applies to the operation of the Convention's commercial or
exploratory fisheries such as gear, catch, and effort restrictions and
time and area closures;
(2) Generally expires after one or two fishing season(s); and
(3) Does not require the development of policy options or a
regulatory framework.
Antarctic convergence means a line joining the following points
along the parallels of latitude and meridians of longitude:

------------------------------------------------------------------------
Lat. Long.
------------------------------------------------------------------------
50[deg] S................................. 0.
50[deg] S................................. 30[deg] E.
45[deg] S................................. 30[deg] E.
45[deg] S................................. 80[deg] E.
55[deg] S................................. 80[deg] E.
55[deg] S................................. 150[deg] E.
60[deg] S................................. 150[deg] E.

[[Page 6224]]


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

Antarctic marine living resources or AMLR(s) means:
(1) The populations of finfish, mollusks, crustaceans, and all
other species of living organisms, including birds, found south of the
Antarctic Convergence;
(2) All parts or products of those populations and species set
forth in paragraph (1) of this definition.
Centralized Vessel Monitoring System (C-VMS) means the system
operated by the Secretariat of CCAMLR that receives reports of
positional and other information from satellite-linked mobile
transceiver units located on vessels that are submitted to the CCAMLR
Secretariat, either directly from the vessel or through the relevant
flag State.
Commission or CCAMLR means the Commission for the Conservation of
Antarctic Marine Living Resources established under Article VII of the
Convention.
Convention Area means all waters south of the Antarctic
Convergence.
Dealer means a person who imports AMLRs into, or exports or re-
exports AMLRs from, the United States.
Dissostichus catch document (DCD) is a document generated through
CCAMLR's electronic catch documentation scheme (CDS), containing
information relating to the harvest, landing, and transshipment of
Dissostichus species.
Dissostichus export document (DED) is a document generated through
the CCAMLR's electronic CDS, containing information relating to the
export of Dissostichus spp.
Dissostichus re-export document (DRED) is a document generated
through CCAMLR's electronic CDS, containing information relating to the
re-export of Dissostichus spp.
Dissostichus species or Dissostichus spp. means Patagonian
toothfish and Antarctic toothfish, and any parts or products therefrom.
Enhanced mobile transceiver unit or EMTU means a transceiver or
communication device, including all hardware and software, carried and
operated on a vessel as part of a vessel monitoring system.
Export means any movement of fish or fish product from a territory
under the control of the State or free trade zone of landing, or, where
that State or free trade zone forms part of a customs union, any other
Member State of that customs union.
First receiver means the person who first receives AMLRs landed
from a vessel licensed under 50 CFR 300.107 at a U.S. port.
Fish means finfish, mollusks, and crustaceans.
Fishery means:
(1) One or more stocks of fish that are treated as a unit for
purposes of conservation and management and that are identified on the
basis of geographical, scientific, technical, recreational, and
economic characteristics.
(2) Any fishing for such stocks.
Harvesting vessel means any vessel of the United States (including
any boat, ship, or other craft), that is used for, equipped to be used
for, or of a type that is normally used for harvesting.
Import means the physical entering or bringing of a fish or fish
product into any part of the geographical territory under the control
of a State, except where the catch is landed or transshipped within the
definitions of landing or transshipment.
Individual permit means a National Science Foundation (NSF) permit
issued under 45 CFR part 670; or an NSF award letter (demonstrating
that the individual has received an award from NSF to do research in
the Antarctic); or a marine mammal permit issued under Sec. 216.31 of
this chapter; or an endangered species permit issued under Sec. 222.21
of this chapter.
Inspection vessel means a vessel carrying a CCAMLR inspector and
displaying the pennant approved by CCAMLR to identify such vessel.
International observer means a scientific observer operating in
accordance with the CCAMLR Scheme of International Scientific
Observation and the terms of a bilateral arrangement concluded between
the United States and another member of CCAMLR for the placement of a
U.S. national onboard a vessel flagged by another member of CCAMLR or
for the placement of the national of another member of CCAMLR onboard a
vessel of the United States.
Land or Landing means to begin offloading any fish, to arrive in
port with the intention of offloading any fish, or to cause any fish to
be offloaded. However, for purposes of catch documentation as provided
for in Sec. 300.106, land or landing means the initial unloading or
transfer of Dissostichus spp. in any form from a vessel to dockside
even if such fish are subsequently transferred to a container or to
another vessel in a port or free trade zone.
National observer means a U.S. national placed and operating
onboard a vessel of the United States as a scientific observer in
accordance with Sec. 300.111.
National Seafood Inspection Laboratory means the NMFS laboratory
located at 3209 Frederic Street, Pascagoula, MS 39567, telephone (228)
769-8964, email PTFReporting@noaa.gov.
Office of Law Enforcement (OLE) refers to the NOAA Office of Law
Enforcement.
Port-to-port means from the time the vessel leaves port to the time
that the vessel returns to port and at all points in between.
Real-time means as soon as possible, but at least every hour with
no more than a 1-hour delay.
Recreational fishing means fishing with hook and line for personal
use and not for sale.
Re-export means any movement of a fish or fish product from a
territory under the control of a State, free trade zone, or Member
State of a customs union of import unless that State, free trade zone,
or any Member State of that customs union is the first place of
landing, in which case the movement is an export within the definition
of export.
Seal excluder device means a barrier within the body of a trawl
comprised of a metal frame, nylon mesh, or any material that results in
an obstruction to seals between the mouth opening and the cod end of
the trawl. The body of the trawl net forward of the barrier must
include an escape opening through which seals entering the trawl can
escape.
Specially Validated Dissostichus Catch Document (SVDCD) means a
Dissostichus catch document that has been specially issued by a State
to accompany seized or confiscated Dissostichus spp. offered for sale
or otherwise disposed of by the State.
Transship or transshipment means the transfer of fish or fish
products, other AMLRs, or any other goods or materials directly from
one vessel to another. However, for purposes of catch documentation as
provided for in Sec. 300.106, transship or transshipment means the
transfer of Dissostichus spp. that has not been previously landed, from
one vessel directly to another, either at sea or in port.
Vessel Monitoring System (VMS) means a system that uses satellite-
linked EMTUs installed on vessels to allow a flag State or other entity
to receive automatic transmission of positional and other information
related to vessel activity.

[[Page 6225]]

Sec. 300.102 Relationship to other treaties, conventions, laws, and
regulations.

(a) Other conventions and treaties to which the United States is a
party and other Federal statutes and implementing regulations may
impose additional restrictions on the harvesting and importation into
the United States of AMLRs.
(b) The ACA implements the Antarctic Treaty Agreed Measures for the
Conservation of Antarctic Fauna and Flora (12 U.S.T. 794). The ACA and
its implementing regulations (45 CFR part 670) apply to certain defined
activities of U.S. citizens south of 60[deg] S. lat.
(c) The Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et
seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the
Migratory Bird Treaty Act (16 U.S.C. 701 et seq.), and their
implementing regulations also apply to the harvesting and importation
of AMLRs.
(d) Rule making exceptions. When implementing conservation measures
adopted and notified by CCAMLR, NMFS may apply the following exceptions
to Administrative Procedure Act (APA) rulemaking requirements at 5
U.S.C. 553(b)-(d):
(1) The foreign affairs function exception of the APA, 5 U.S.C.
553(a)(1); or
(2) The exception under subsection 307(b) of AMLRCA, 16 U.S.C.
2436(b), that provides that, notwithstanding 5 U.S.C. 553(b)-(d), NMFS
may publish in the Federal Register a final regulation to implement any
CCAMLR-adopted conservation measure--
(i) That has been in effect for 12 months or less, beginning on the
date that the Commission notifies the United States of the conservation
measure under Article IX of the Convention; and
(ii) With respect to which the Secretary of State does not notify
the Commission in accordance with section 305(a)(1) of AMLRCA within
the time period allotted for objections under Article IX of the
Convention.
(e) Annual or biennial measures. NMFS may implement annual or
biennial measures adopted by CCAMLR as conditions to vessel permits
issued under section 300.107, instead of through rulemaking.


Sec. 300.103 Scientific research.

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

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

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


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

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

[[Page 6226]]

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


Sec. 300.105 Preapproval for importation of frozen Dissostichus
species

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

[[Page 6227]]

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


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

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

[[Page 6228]]

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


Sec. 300.107 Vessel permits and requirements.

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

[[Page 6229]]

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


Sec. 300.108 Vessel and gear identification.

(a) Vessel identification. (1) A vessel issued a permit under this
subpart must be marked with the vessel's name and its International
Radio Call Sign (IRCS) amidships on both the port and starboard sides
of the superstructure or hull, so that it is visible at all times from
an enforcement or inspection vessel. Fixtures inclined at an angle to
the vessel's side or superstructure would be considered as suitable
provided that the angle of inclination would not prevent sighting of
the IRCS from another vessel or from the air. The vessel's IRCS shall
also be marked on the deck. Should an awning or other temporary cover
be placed so as to obscure the mark on the deck, the awning or cover
shall also be marked with the IRCS. The marks should be placed
athwartship with the top of the numbers or letters towards the bow.
(2) Boats, skiffs and craft carried by the vessel for fishing
operations shall bear the same mark as the vessel, except that a
numerical suffix specific for the boat, skiff, or craft must follow the
IRCS.
(3) The vessel identification must be in a color in contrast to the
background and must be permanently affixed to the vessel in block Roman
alphabet letters and Arabic numerals using good quality marine paints.
The letters and numbers shall be: At least 1 meter in height (h) for
the IRCS placed on the hull, superstructure and/or inclined surfaces
and at least 0.3 meter for marks placed on deck. The length of the
hyphen shall be half the height of the letters and numbers. The width
of the stroke for all letters, numbers and the hyphen shall be h/6. The
space between letters and/or numbers shall not exceed h/4 nor be less
than h/6. The space between adjacent letters having sloping sides
(e.g., A and V) shall not exceed h/8 nor be less than h/10. If a
contrasting color is used for the background of the marks, it shall
extend to provide a border around the mark of at least h/6.
(4) The marks and the background shall be maintained in good
condition at all times.
(b) Navigational lights and shapes. Each vessel issued a vessel
permit must display the lights and shapes prescribed by the
International Regulations for Preventing Collisions at Sea, 1972 (TIAS
8587, and 1981 amendment TIAS 10672), for the activity in which the
harvesting vessel is engaged (as described at 33 CFR part 81).
(c) Gear identification. (1) The operator of each fishing vessel
must ensure that all deployed fishing gear is clearly marked at all
times at the surface with a buoy displaying the vessel identification
of the harvesting vessel (see paragraph (a) of this section) to which
the gear belongs, a light visible for 2 miles at night in good
visibility, and a radio buoy.
(2) The operator of each harvesting vessel must ensure that
deployed longlines and strings of traps or pots, and gillnets are
clearly marked at all times at the surface at each terminal end with a
buoy displaying the vessel identification of the harvesting vessel to
which the gear belongs (see paragraph (a) of this section), a light
visible for 2 miles at night in good visibility, and a radio buoy.

[[Page 6230]]

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


Sec. 300.109 Initiating a new fishery.

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


Sec. 300.110 Exploratory fisheries.

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


Sec. 300.111 Scientific observers.

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

[[Page 6231]]

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

[[Page 6232]]

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


Sec. 300.112 Vessel monitoring system.

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


Sec. 300.113 CCAMLR Ecosystem Monitoring Program sites.

(a) General. (1) Any person subject to the jurisdiction of the
United States must apply for and be granted an entry permit authorizing
specific activities prior to entering a CCAMLR Ecosystem Monitoring
Program (CEMP) site designated in accordance with the CCAMLR
conservation measure describing the procedure for according protection
for CEMP sites.
(2) If a CEMP site is also a site specially protected under the
Antarctic Treaty (or the Protocol on Environmental Protection to the
Antarctic Treaty and its Annexes, such as the sites listed in 45 CFR
670.29), an applicant seeking to enter such site must apply to the
Director of the NSF for a permit under applicable provisions of the ACA
or any superseding legislation. The permit granted by NSF shall
constitute a joint CEMP/ACA Protected Site permit and any person
holding such a permit must comply with the appropriate CEMP site
management plan. In all other cases, an applicant seeking a permit to
enter a CEMP site must apply to the Assistant Administrator for a CEMP
permit in accordance with the provisions of this section.
(b) Responsibility of CEMP permit holders and persons designated as
agents under a CEMP permit. (1) The CEMP permit holder and person
designated as agents under a CEMP permit are jointly and severally
responsible for compliance with the Act, this subpart, and any permit
issued under this subpart.
(2) The CEMP permit holder and agents designated under a CEMP
permit are responsible for the acts of their employees and agents
constituting violations, regardless of whether the specific acts were
authorized or forbidden by the CEMP permit holder or agents, and
regardless of knowledge concerning their occurrence.
(c) Prohibitions regarding the Antarctic Treaty System and other
applicable treaties and statutes. Holders of permits to enter CEMP
Protected Sites are not authorized to undertake any activities within a
CEMP Protected Site that are not in compliance with the conditions of
the CEMP permit and the provisions of:
(1) The Antarctic Treaty, including the Agreed Measures for the
Conservation of Antarctic Fauna and Flora (including the Protocol on
the Environmental Protection to the Antarctic Treaty and its Annexes),
as implemented by the ACA and any superseding legislation. (Persons
interested in conducting activities subject to the Antarctic Treaty or
the Protocol should contact the Office of Polar Programs, NSF).
(2) The Convention for the Conservation of Antarctic Seals.
(3) The Convention and its Conservation Measures in force,
implemented under the Act.
(d) Prohibitions on takings. Permits issued under this section do
not authorize any takings as defined in the applicable statutes and
implementing regulations governing the activities of persons in
Antarctica.
(e) Issuance criteria. Permits designated in this section may be
issued by the Assistant Administrator upon a determination that:
(1) The specific activities meet the requirements of the Act;
(2) There is sufficient reason, established in the CEMP permit
application, that the scientific purpose for the intended entry cannot
be served elsewhere; and

[[Page 6233]]

(3) The actions permitted will not violate any provisions or
prohibitions of the site's management plan submitted in compliance with
the CCAMLR Conservation Measure describing the procedure for according
protection to CEMP sites.
(f) Application process. An applicant seeking a CEMP permit from
the Assistant Administrator to enter a CEMP site shall include the
following in the application.
(1) A detailed justification that the scientific objectives of the
applicant cannot be accomplished elsewhere and a description of how
said objectives will be accomplished within the terms of the site's
management plan.
(2) A statement signed by the applicant that the applicant has read
and fully understands the provisions and prohibitions of the site's
management plan. Prospective applicants may obtain copies of the
relevant management plans and the CCAMLR Conservation Measure
describing the procedure for according protection to CEMP sites by
requesting them from NMFS Headquarters.
(g) Conditions. CEMP permits issued under this section will contain
special and general conditions including a condition that the permit
holder shall submit a report describing the activities conducted under
the permit within 30 days of the expiration of the CEMP permit.
(h) Transfer. CEMP permits are not transferable or assignable. A
CEMP permit is valid only for the person to whom it is issued.
(i) Additional conditions and restrictions. The Assistant
Administrator may revise the CEMP permit effective upon notification of
the permit holder, to impose additional conditions and restrictions as
necessary to achieve the purposes of the Convention, the Act and the
CEMP Management Plan. The CEMP permit holder must, as soon as possible,
notify any and all agents operating under the permit of any and all
revisions or modifications to the permit.
(j) Revocation or suspension. CEMP permits may be revoked or
suspended based upon information received by the Assistant
Administrator and such revocation or suspension shall be effective upon
notification to the permit holder.
(1) A CEMP permit may be revoked or suspended based on a violation
of the permit, the Act, or this subpart.
(2) Failure to report a change in the information submitted in a
CEMP permit application within 10 days of the change is a violation of
this subpart and voids the application or permit, as applicable. Title
15 CFR part 904 governs permit sanctions under this subpart.
(k) Exceptions. Entry into a CEMP site is lawful if committed under
emergency conditions to prevent the loss of human life, avoid
compromising human safety, prevent the loss of vessels or aircraft, or
to prevent environmental damage.
(l) Protected sites. Sites protected by the Antarctic Treaty and
regulated under the ACA are listed at 45 CFR part 670 subpart F.


Sec. 300.114 Prohibitions.

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

[[Page 6234]]

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


Sec. 300.115 Facilitation of enforcement and inspection.

In addition to the facilitation of enforcement provisions of Sec.
300.5, the following requirements apply to this subpart.
(a) Access and records. (1) The owners and operator of each
harvesting vessel must provide authorized officers and CCAMLR
inspectors access to all spaces where work is conducted or business
papers and records are prepared or stored, including but not limited to
personal quarters and areas within personal quarters. If inspection of
a particular area would interfere with specific on-going scientific
research, and if the operator of the harvesting vessel makes such
assertion and produces an individual permit that covers that specific
research, the authorized officer or CCAMLR inspector will not disturb
the area, but will record the information pertaining to the denial of
access.
(2) The owner and operator of each harvesting vessel must provide
to authorized officers and CCAMLR inspectors all records and documents
pertaining to the harvesting activities of the vessel, including but
not limited to production records, fishing logs, navigation logs,
transfer records, product receipts, cargo stowage plans or records,
draft or displacement calculations, customs documents or records, and
an accurate hold plan reflecting the current structure of the vessel's
storage and factory spaces.
(3) Before leaving vessels that have been inspected, the CCAMLR
inspector will give the master of the vessel a Certificate of
Inspection and a written notification of any alleged violations of
CCAMLR conservation measures in effect and will afford the master the
opportunity to comment on it. The ship's master must sign the
notification to acknowledge receipt and the opportunity to comment on
it.
(4) Any person issued a first receiver permit under this subpart,
or an IFTP under Sec. 300.322, must as a condition of that permit,
allow an authorized officer access to any facility from which they
engage in the first receipt, import, export or re-export of AMLR for
the purpose of inspecting the facility and any fish, equipment or
records therein.
(b) Reports by non-inspectors. All scientists, fishermen, and other
non-inspectors present in the Convention Area and subject to the
jurisdiction of the United States are encouraged to report any
violation of CCAMLR conservation measures observed in the Convention
Area to the Office of Ocean and Polar Affairs (CCAMLR Violations),
Department of State, Room 5801, Washington, DC 20520.
(c) Storage of AMLR. The operator of each harvesting vessel storing
AMLR in a storage space on board a vessel must ensure that non-resource
items are neither stowed beneath nor covered by resource items, unless
required to maintain the stability and safety of the vessel. Non-
resource items include, but are not limited to, portable conveyors,
exhaust fans, ladders, nets, fuel bladders, extra bin boards, or other
moveable non-resource items. These non-resource items may be in a
resource storage space when necessary for the safety of the vessel or
crew or for the storage of the items. Lumber, bin boards, or other
dunnage may be used for shoring or bracing of product to ensure the
safety of crew and to prevent shifting of cargo within the space.


Sec. 300.116 Penalties.

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

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