50 CFR § 216.81-216.87 - Regulations governing the taking and importing of marine mammals - Pribilof Islands Administration

75 National Marine Fisheries Service/NOAA, Commerce § 216.87 that meet and address the purposes of the co-management agreements for representatives from NMFS, St. George and St. Paul tribal governments. NMFS representatives are responsible for compiling information related to sources of human-caused mortality and serious injury of marine mammals. The Pribilovians are responsible for report ing their subsistence needs and actual level of subsistence take. This informa tion is used to update stock assessment reports and make determinations under § 216.72. Pribilovians who take fur seals for subsistence uses collabo rate with NMFS representatives and the respective Tribal representatives to consider best subsistence use prac tices under co-management and to fa cilitate scientific research. [84 FR 52383, Oct. 2, 2019, as amnded at 85 FR 15948, Mar. 20, 2020] Subpart G—Pribilof Islands Administration § 216.81 Visits to fur seal rookeries. From June 1 to October 15 of each year, no person, except those author ized by a representative of the National Marine Fisheries Service, or accom panied by an authorized employee of the National Marine Fisheries Service, shall approach any fur seal rookery or hauling grounds nor pass beyond any posted sign forbidding passage. [41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996] § 216.82 Dogs prohibited. In order to prevent molestation of fur seal herds, the landing of any dogs at Pribilof Islands is prohibited. [41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996] § 216.83 Importation of birds or mam mals. No mammals or birds, except house hold cats, canaries and parakeets, shall be imported to the Pribilof Islands without the permission of an author ized representative of the National Ma rine Fisheries Service. [41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996] § 216.84 [Reserved] § 216.85 Walrus and Otter Islands. By Executive Order 1044, dated Feb ruary 27, 1909, Walrus and Otter Islands were set aside as bird reservations. All persons are prohibited to land on these islands except those authorized by the appropriate representative of the Na tional Marine Fisheries Service. [41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996] § 216.86 Local regulations. Local regulations will be published from time to time and will be brought to the attention of local residents and persons assigned to duty on the Islands by posting in public places and brought to the attention of tourists by personal notice. [41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996] § 216.87 Wildlife research. (a) Wildlife research, other than re search on North Pacific fur seals, in cluding specimen collection, may be permitted on the Pribilof Islands sub ject to the following conditions: (1) Any person or agency, seeking to conduct such research shall first obtain any Federal or State of Alaska permit required for the type of research in volved. (2) Any person seeking to conduct such research shall obtain prior ap proval of the Director, Pribilof Islands Program, National Marine Fisheries Service, National Oceanic and Atmos pheric Administration, 1700 Westlake Avenue North, Seattle, WA 98109, by filing with the Director an application which shall include: (i) Copies of the required Federal and State of Alaska permits; and (ii) A resume of the intended research program. (3) All approved research shall be subject to all regulations and adminis trative procedures in effect on the Pribilof Islands, and such research shall not commence until approval from the Director is received. (4) Any approved research program shall be subject to such terms and con ditions as the Director, Pribilof Islands Program deems appropriate. VerDate Sep<11>2014 16:47 Jan 20, 2023 Jkt 256245 PO 00000 Frm 00085 Fmt 8010 Sfmt 8010 Q:\50\50V10.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith D IS T IL LE R 76 50 CFR Ch. II (10–1–22 Edition) § 216.90 (5) Permission to utilize the Pribilof Islands to conduct an approved re search program may be revoked by the Director, Pribilof Islands Program at any time for noncompliance with any terms and conditions, or for violations of any regulation or administrative procedure in effect on the Pribilof Is lands. [43 FR 5521, Feb. 9, 1978. Redesignated at 61 FR 11750, Mar. 22, 1996] Subpart H—Dolphin Safe Tuna Labeling AUTHORITY: 16 U.S.C. 1385. § 216.90 Purposes. This subpart governs the require ments for using the official mark de scribed in § 216.95 or an alternative mark that refers to dolphins, porpoises, or marine mammals, to label tuna or tuna products offered for sale in or ex ported from the United States using the term dolphin-safe or suggesting the tuna were harvested in a manner not injurious to dolphins. [69 FR 55307, Sept. 13, 2004] § 216.91 Dolphin-safe labeling stand ards. (a) It is a violation of Section 5 of the Federal Trade Commission Act (15 U.S.C. 45) for any producer, importer, exporter, wholesaler/distributor, or seller of any tuna products that are ex ported from or offered for sale in the United States to include on the label of those products the term ‘‘dolphin-safe’’ or any other term or symbol that claims or suggests that the tuna con tained in the products were harvested using a method of fishing that is not harmful to dolphins if the products contain tuna harvested: (1) ETP large purse seine vessel. In the ETP by a purse seine vessel of greater than 400 st (362.8 mt) carrying capacity unless: (i) The documentation requirements for dolphin-safe tuna under §§ 216.92 and 216.93 are met; (ii) No dolphins were killed or seri ously injured during the sets in which the tuna were caught; and (iii) None of the tuna were caught on a trip using a purse seine net inten tionally deployed on or to encircle dol phins, provided that this paragraph (a)(1)(iii) will not apply if the Assistant Administrator publishes a notification in the FEDERAL REGISTER announcing a finding under 16 U.S.C. 1385(g)(2) that the intentional deployment of purse seine nets on or encirclement of dol phins is not having a significant ad verse impact on any depleted stock. (2) Driftnet. By a vessel engaged in large-scale driftnet fishing; or (3) Other fisheries. By a vessel in a fishery other than one described in paragraph (a)(1) or (2) of this section unless such product is accompanied as described in § 216.93(d), (e), or (f), as ap propriate, by: (i) For tuna caught in a purse seine fishery outside the ETP by a vessel on a fishing trip that began before July 13, 2013, a written statement executed by the Captain of the vessel certifying that no purse seine net was inten tionally deployed on or used to encircle dolphins during the particular trip on which the tuna was harvested. (ii) For tuna caught by a vessel on a fishing trip that began on or after July 13, 2013, and before May 21, 2016, a writ ten statement executed by the Captain of the vessel certifying: (A) For a purse seine vessel outside the ETP, that no purse seine net was intentionally deployed on or used to encircle dolphins during the fishing trip in which the tuna were caught, and that no dolphins were killed or seri ously injured in the sets in which the tuna were caught; (B) For a vessel other than one de scribed in paragraph (a)(3)(ii)(A) of this section, that no dolphins were killed or seriously injured in the sets or other gear deployments in which the tuna were caught. (iii) For tuna caught by a vessel on a fishing trip that began on or after May 21, 2016, a written statement executed by the Captain of the vessel certifying that: (A) No purse seine net or other fish ing gear was intentionally deployed on or used to encircle dolphins during the fishing trip in which the tuna were caught, and that no dolphins were killed or seriously injured in the sets or other gear deployments in which the tuna were caught; and VerDate Sep<11>2014 16:47 Jan 20, 2023 Jkt 256245 PO 00000 Frm 00086 Fmt 8010 Sfmt 8010 Q:\50\50V10.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith D IS T IL LE R