50 CFR § 600.501-600.530 - Magnuson-Stevens Act Provisions - Foreign Fishing

72 50 CFR Ch. VI (10–1–22 Edition) § 600.420 (1) Council employees who are re sponsible for FMP development and monitoring. (2) A Council for use by the Council for conservation and management pur poses, with the approval of the Assist ant Administrator. In addition to the information described in paragraph (a) of this section, the Assistant Adminis trator will consider the following in de ciding whether to grant access: (i) The possibility that Council mem bers might gain personal or competi tive advantage from access to the data. (ii) The possibility that the suppliers of the data would be placed at a com petitive disadvantage by public disclo sure of the data at Council meetings or hearings. (3) A contractor of the Council for use in such analysis or studies nec essary for conservation and manage ment purposes, with approval of the Assistant Administrator and execution of an agreement with NMFS as de scribed by NOAA Administrative Order (NAO) 216–100. (e) Prohibitions. Persons having ac cess to these data are prohibited from unauthorized use or disclosure and are subject to the provisions of 18 U.S.C. 1905, 16 U.S.C. 1857, and NOAA/NMFS internal procedures, including NAO 216–100. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998] § 600.420 Control system. (a) The Assistant Administrator maintains a control system to protect the identity of submitters of statistics required by an FMP. The control sys tem: (1) Identifies those persons who have access to the statistics. (2) Contains procedures to limit ac cess to confidential data to authorized users. (3) Provides for safeguarding the data. (b) This system requires that all per sons who have authorized access to the data be informed of the confidentiality of the data. These persons are required to sign a statement that they: (1) Have been informed that the data are confidential. (2) Have reviewed and are familiar with the procedures to protect con fidential statistics. § 600.425 Release of statistics. (a) The Assistant Administrator will not release to the public any statistics required to be submitted under an FMP in a form that would identify the sub mitter, except as required by law. (b) All requests from the public for statistics submitted in response to a requirement of an FMP will be proc essed consistent with the NOAA FOIA regulations (15 CFR part 903), NAO 205– 14, Department of Commerce Adminis trative Orders 205–12 and 205–14 and 15 CFR part 4. (c) NOAA does not release or allow access to confidential information in its possession to members of Council advisory groups, except as provided by law. Subpart F—Foreign Fishing § 600.501 Vessel permits. (a) General. (1) Each FFV fishing under the Magnuson-Stevens Act must have on board a permit issued under this section, unless it is engaged only in recreational fishing. (2) Permits issued under this section do not authorize FFV’s or persons to harass, capture, or kill marine mam mals. No marine mammals may be taken in the course of fishing unless that vessel has on board a currently valid Authorization Certificate under the MMPA. Regulations governing the taking of marine mammals incidental to commercial fishing operations are contained in 50 CFR part 229 of this title. (b) Responsibility of owners and opera tors. The owners and operators of each FFV are jointly and severally respon sible for compliance with the Magnu son-Stevens Act, the applicable GIFA, this subpart, and any permit issued under the Magnuson-Stevens Act and this subpart. The owners and operators of each FFV bear civil responsibility for the acts of their employees and agents constituting violations, regard less of whether the specific acts were authorized or even forbidden by the employer or principal, and regardless 73 Fishery Conservation and Management § 600.501 of knowledge concerning the occur rence. (c) Activity codes. Permits to fish under this subpart may be issued by the Assistant Administrator for the ac tivities described in this paragraph, but the permits may be modified by regulations of this subpart and by the conditions and restrictions attached to the permit (see paragraphs (e)(1)(v) and (l) of this section). The Assistant Ad ministrator may issue a permit, as ap propriate, for one or more of the activ ity codes listed. Only vessels of nations having a GIFA with the United States may be issued permits for activity codes 1 through 9. A GIFA is not re quired for a vessel to be issued a permit for activity code 10. The activity codes are described as follows: (1) Activity Code 1. Catching, scout ing, processing, transshipping, and sup porting foreign vessels. Activity is lim ited to fish harvested or to be har vested by foreign vessels in the EEZ. (2) Activity Code 2. Processing, scout ing, transshipping, and supporting for eign vessels. Activity is limited to fish harvested or to be harvested by foreign vessels in the EEZ. (3) Activity Code 3. Transshipping, scouting, and supporting foreign ves sels. Activity is limited to fish har vested or to be harvested by foreign vessels in the EEZ. (4) Activity Code 4. Processing, scout ing, transshipping, and supporting U.S. vessels delivering fish to foreign ves sels. Activity is limited to the receipt of unprocessed fish harvested or to be harvested by U.S. vessels. (5) Activity Code 5. Transshipping, scouting, and supporting foreign ves sels. Transshipment limited to fish re ceived or to be received from foreign vessels processing fish from U.S. har vesting vessels. (6) Activity Code 6. Transshipping, scouting, and supporting U.S. vessels. Transshipment limited to U.S.-har vested fish processed on board U.S. ves sels. (7) Activity Code 7. Processing, trans shipping, and supporting foreign ves sels. Activity limited to fish harvested or to be harvested by foreign vessels seaward of the EEZ. (8) Activity Code 8. Transshipping and supporting foreign vessels. Activity is limited to fish harvested or to be har vested seaward of the EEZ by foreign vessels or fish duly authorized for proc essing in the internal waters of one of the states. (9) Activity Code 9. Supporting U.S. fishing vessels and U.S. fish processing vessels and any foreign fishing vessels authorized under any activity code under paragraph (c) of this subpart. (10) Activity Code 10. Transshipping at sea for the purpose of transporting fish or fish products from a point within the EEZ or, with the concurrence of a state, within the boundaries of that state, to a point outside the United States. (d) Application. (1) Applications for FFV permits authorizing activity codes 1 through 9 must be submitted by an official representative of a foreign nation to the DOS. Applications for permits authorizing activity codes 1 through 9 are available from, and should be submitted to, DOS, OES/ OMC, Washington, DC 20520. Applica tions for FFV permits authorizing ac tivity code 10 may be submitted by any person to the Assistant Administrator. Applications for permits authorizing activity code 10 are available from NMFS, Attn: Office of International Affairs, 1315 East West Highway, Silver Spring, Maryland 20910. All applicants should allow 90 days for review and comment by the public, involved gov ernmental agencies, and appropriate Councils and for processing before the anticipated date to begin fishing. The permit application fee must be paid at the time of application according to § 600.518. (2) Applicants must provide complete and accurate information requested on the permit application form. (3) Applicants for FFV’s that will support U.S. vessels in joint ventures (Activity Code 4) must provide the ad ditional information specified by the permit application form. (4) Each applicant may request to substitute one FFV for another of the same flag by submitting a new applica tion form and a short explanation of the reason for the substitution to the appropriate address listed at paragraph (d)(1) of this section. Each substitution is considered a new application, and a new application fee must be paid. 74 50 CFR Ch. VI (10–1–22 Edition) § 600.501 NMFS will promptly process an appli cation for a vessel replacing a per mitted FFV that is disabled or decom missioned, once the appropriate Coun cil(s) and governmental agencies have been notified of the substituted appli cation. (e) Issuance. (1) Permits may be issued to an FFV by the Assistant Ad ministrator after— (i) The Assistant Administrator de termines that the fishing described in the application will meet the require ments of the Magnuson-Stevens Act and approves the permit application. (ii) The applicant has paid the fees and provided any assurances required by the Secretary in accordance with the provisions of § 600.518. (iii) The applicant has appointed an agent. (iv) The applicant has identified a designated representative. (v) The applicant has accepted the general ‘‘conditions and restrictions’’ of receiving permits, as required by section 204(b)(7) of the Magnuson-Ste vens Act, and any ‘‘additional restric tions’’ attached to the permit for the conservation and management of fish ery resources or for the prevention of significant impairment of the national defense or security interests. (2) The DOS will provide permits for activity codes 1 through 9 to the offi cial representative of the applicant for eign nation. The Assistant Adminis trator will provide permits for activity code 10 directly to the applicant. (3) An approved permit will contain— (i) The name and IRCS of the FFV and its permit number. (ii) The permitted fisheries and/or ac tivity codes. (iii) The date of issuance and expira tion date, if other than December 31. (iv) All conditions and restrictions, and any additional restrictions and technical modifications appended to the permit. (4) Permits are not issued for boats that are launched from larger vessels. Any enforcement action that results from the activities of a launched boat will be taken against the permitted vessel. (f) Duration. A permit is valid from its date of issuance to its date of expi ration, unless it is revoked or sus pended or the nation issuing the FFV’s documents does not accept amend ments to the permit made by the As sistant Administrator in accordance with the procedures of paragraph (l) of this section. The permit will be valid for no longer than the calendar year in which it was issued. (g) Transfer. Permits are not transfer able or assignable. A permit is valid only for the FFV to which it is issued. (h) Display. Each FFV operator must have a properly completed permit form available on board the FFV when en gaged in fishing activities and must produce it at the request of an author ized officer or observer. (i) Suspension and revocation. NMFS may apply sanctions to an FFV’s per mit by revoking, suspending, or impos ing additional permit restrictions on the permit under 15 CFR part 904, if the vessel is involved in the commission of any violation of the Magnuson-Stevens Act, the GIFA, or this subpart; if an agent and a designated representative are not maintained in the United States; if a civil penalty or criminal fine imposed under the Magnuson-Ste vens Act has become overdue; or as otherwise specified in the Magnuson Stevens Act. (j) Fees. Permit application fees are described in § 600.518. (k) Change in application information. The applicant must report, in writing, any change in the information supplied under paragraph (d) of this section to the Assistant Administrator within 15 calendar days after the date of the change. Failure to report a change in the ownership from that described in the current application within the specified time frame voids the permit, and all penalties involved will accrue to the previous owner. (l) Permit amendments. (1) The Assist ant Administrator may amend a per mit by adding ‘‘additional restrictions’’ for the conservation and management of fishery resources covered by the per mit, or for the national defense or se curity if the Assistant Administrator determines that such interests would be significantly impaired without such restrictions. Compliance with the added additional restrictions is a con dition of the permit. Violations of 75 Fishery Conservation and Management § 600.502 added additional restrictions will be treated as violations of this subpart. (2) The Assistant Administrator may make proposed additional restrictions effective immediately, if necessary, to prevent substantial harm to a fishery resource of the United States, to allow for the continuation of ongoing fishing operations, or to allow for fishing to begin at the normal time for opening of the fishery. (3) The Assistant Administrator will send proposed additional restrictions to each Nation whose vessels are af fected (via the Secretary of State), to the appropriate Councils, and to the Commandant of the Coast Guard. NMFS will, at the same time, publish a document of any significant proposed additional restrictions in the FEDERAL REGISTER. The document will include a summary of the reasons underlying the proposal, and the reasons that any pro posed additional restrictions are made effective immediately. (4) The Nation whose vessels are in volved, the owners of the affected ves sels, their representatives, the agencies specified in paragraph (l)(3) of this sec tion, and the public may submit writ ten comments on the proposed addi tional restrictions within 30 days after publication in the FEDERAL REGISTER. (5) The Assistant Administrator will make a final decision regarding the proposed additional restrictions as soon as practicable after the end of the comment period. The Assistant Admin istrator will provide the final addi tional restrictions to the Nation whose vessels are affected (via the Secretary of State) according to the procedures of paragraph (e) of this section. The As sistant Administrator will include with the final additional restrictions to the Nation, a response to comments sub mitted. (6) Additional restrictions may be modified by following the procedures of paragraphs (l)(2) through (l)(5) of this section. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 64 FR 39019, July 21, 1999; 76 FR 59305, Sept. 26, 2011] § 600.502 Vessel reports. (a) The operator of each FFV must report the FFV’s activities to the USCG and NMFS as specified in this section. (b) All reports required by this sec tion must be in English and in the for mats specified in the permit additions and restrictions. Reports must be de livered via private or commercial com munications facilities, facsimile, or other electronic means acceptable to NMFS and the USCG, directly to the appropriate NMFS Region or Center and USCG commander. Weekly reports must also be delivered directly to the appropriate NMFS Region or Center (see tables 1 and 2 of this section). (The required reports may be delivered to the closest USCG communication sta tion as indicated in table 3 of this sec tion or other USCG communication station only if adequate private or commercial communications facilities have not been successfully contacted.) Radio reports must be made via radio telegraphy, Telex, or facsimile where available. For the purposes of this sec tion, a message is considered ‘‘trans mitted’’ when its receipt is acknowl edged by a communications facility and considered ‘‘delivered’’ upon its re ceipt by the offices of the appropriate USCG commander, NMFS Regional Of fice, or NMFS Center identified in table 2 of this section. Reports required by this section may be submitted by the vessel’s designated representative; however, the operator of the FFV is re sponsible for the correct and timely fil ing of all required reports. (c) Activity reports. The operator of each FFV must report the FFV’s move ments and activities before or upon the event, as specified in this paragraph (c). Appropriate forms, instructions, codes, and examples are contained in the conditions and restrictions of the FFV’s permit. Each FFV report must contain the following information: The message identifier ‘‘VESREP’’ to indi cate it is a vessel activity report, FFV name, international radio call sign IRCS, date (month and day based on GMT), time (hour and minute GMT), position (latitude and longitude to the nearest degree and minute) where re quired, area (by fishing area code) where required, the appropriate action 76 50 CFR Ch. VI (10–1–22 Edition) § 600.502 code, confirmation codes where re quired, and the other information spec ified in paragraphs (c)(1) through (c)(11) of this section. (1) ‘‘BEGIN’’. Each operator must specify the date, time, position, and area the FFV will actually ‘‘BEGIN’’ fishing in the EEZ and the species (by species code), product (by product code), and quantity of all fish and fish products (by product weight to the nearest hundredth of a metric ton) on board when entering the EEZ (action code ‘‘BEGIN’’). The message must be delivered at least 24 hours before the vessel begins to fish. (2) ‘‘DEPART’’. Each operator must specify the date, time, position, and area the FFV will ‘‘DEPART’’ the EEZ to embark or debark an observer, to visit a U.S. port, to conduct a joint venture in internal waters, or to other wise temporarily leave an authorized fishing area, but not depart the sea ward limit of the EEZ (action code ‘‘DEPART’’). The message must be transmitted before the FFV departs the present fishing area and delivered within 24 hours of its transmittal. (3) ‘‘RETURN’’. Each operator must specify the date, time, position, and area the FFV will ‘‘RETURN’’ to the EEZ following a temporary departure, and the species (by species code), prod uct (by product code), and quantity of all fish and fish products (by product weight to the nearest hundredth of a metric ton) on board that were re ceived in a joint venture in internal waters (action code ‘‘RETURN’’). The message must be transmitted before re turning to the EEZ and delivered with in 24 hours of its transmittal. (4) ‘‘SHIFT’’. Each operator must re port each SHIFT in fishing area (as de scribed for each fishery) by specifying the date, time, and position the FFV will start fishing, and the new area (ac tion code ‘‘SHIFT’’). The message must be transmitted before leaving the origi nal area and delivered within 24 hours of its transmittal. If a foreign vessel operates within 20 nautical miles (37.04 km) of a fishing area boundary, its op erator may submit in one message the shift reports for all fishing area shifts occurring during 1 fishing day (0001– 2400 GMT). This message must be transmitted prior to the last shift ex pected to be made in the day and deliv ered within 24 hours of its transmittal. (5) ‘‘JV OPS’’. Each operator must specify the date, time, position, and area at which the FFV will ‘‘START’’ joint venture operations (action code ‘‘START JV OPS’’) or ‘‘END’’ joint venture operations (action code ‘‘END JV OPS’’). These reports must be made in addition to other activity reports made under this section. Each message must be transmitted before the event and delivered within 24 hours of its transmittal. (6) ‘‘TRANSFER’’. The operator of each FFV that anticipates a trans shipping operation in which the FFV will receive fish or fisheries products must specify the date, time, position and area the FFV will conduct the ‘‘TRANSFER’’ and the name and IRCS of the other FFV or U.S. vessel in volved (action code ‘‘TRANSFER’’). The report must include the permit ac tivity code under which the transfer will be made. The message must be transmitted prior to the transfer and delivered within 24 hours of its trans mittal. The movement of raw fish from a permitted foreign catching vessel or, under an Activity Code 4, from a U.S. fishing vessel to the reporting proc essing vessel and the return of nets or codends is not considered a transfer. (7) ‘‘OFFLOADED’’. Each operator must specify the date, time, position, and area the FFV ‘‘OFFLOADED’’ fish or fisheries products TO another FFV or a U.S. vessel in a transfer, the other FFV’s or U.S. vessel’s name, IRCS, Permit Activity Code under which the transfer was made, species (by species code) and quantity of fish and fisheries products (by product code and by prod uct weight, to the nearest hundredth of a metric ton) offloaded (action code ‘‘OFFLOADED TO’’). The message must be transmitted within 12 hours after the transfer is completed and de livered within 24 hours of its trans mittal and before the FFV ceases fish ing in the EEZ. (8) ‘‘RECEIVED’’. Each operator must specify the date, time, position and area the vessel ‘‘RECEIVED’’ fish or fisheries products FROM another FFV in a transfer, the other FFV’s or U.S. vessel’s name, IRCS, Permit Activity Code under which the receipt was 77 Fishery Conservation and Management § 600.502 made, species (by species code) and quantity of fish and fisheries products (by product code and by product weight, to the nearest hundredth of a metric ton) received (action code ‘‘RE CEIVED FROM’’). The message must be transmitted within 12 hours after the transfer is completed and delivered within 24 hours of its transmittal and before the vessel ceases fishing in the EEZ. (9) ‘‘CEASE’’. Each operator must specify the date, time, position, and area the FFV will ‘‘CEASE’’ fishing in order to leave the EEZ (action code ‘‘CEASE’’). The message must be deliv ered at least 24 hours before the FFV’s departure. (10) ‘‘CHANGE’’. Each operator must report any ‘‘CHANGE’’ TO the FFV’s operations if the position or time of an event specified in an activity report will vary more than 5 nautical miles (9.26 km) or 4 hours from that pre viously reported, by sending a revised message inserting the word ‘‘CHANGE’’ in front of the previous report, repeat ing the name, IRCS, date, and time of the previous report, adding the word ‘‘TO’’ and the complete revised text of the new report (action code ‘‘CHANGE TO’’). Changes to reports specifying an early beginning of fishing by an FFV or other changes to reports contained in paragraphs (c)(1) through (c)(9) of this section must be transmitted and deliv ered as if the ‘‘CHANGE’’ report were the original message. (11) ‘‘CANCEL’’. Each operator want ing to ‘‘CANCEL’’ a previous report may do so by sending a revised mes sage, and inserting the word ‘‘CAN CEL’’ in front of the previous report’s vessel name, IRCS, date, time and ac tion code canceled (action code ‘‘CAN CEL’’). The message must be trans mitted and delivered prior to the date and time of the event in the original message. (d) The operator of an FFV will be in violation of paragraphs (c)(1) through (c)(9) of this section if the FFV does not pass within 5 nautical miles (9.26 km) of the position given in the report within 4 hours of the time given in the report. (e) The notices required by this sec tion may be provided for individual or groups of FFV’s (on a vessel-by-vessel basis) by authorized persons. An FFV operator may retransmit reports on the behalf of another FFV, if author ized by that FFV’s operator. This does not relieve the individual vessel oper ator of the responsibility of filing re quired reports. In these cases, the mes sage format should be modified so that each line of text under ‘‘VESREP’’ is a separate vessel report. (f) Weekly reports. (1) The operator of each FFV in the EEZ must submit ap propriate weekly reports through the Nation’s designated representative. The report must arrive at the address and time specified in paragraph (g) of this section. The reports may be sent by facsimile or Telex, but a completed copy of the report form must be mailed or hand delivered to confirm the Telex. Appropriate forms, instructions, codes, and examples are contained in the con ditions and restrictions of the FFV’s permit. Designated representatives may include more than one vessel re port in a facsimile or Telex message, if the information is submitted on a ves sel-by-vessel basis. Requests for correc tions to previous reports must be sub mitted through the Nation’s designated representative and mailed or hand-de livered, together with a written expla nation of the reasons for the errors. The appropriate Regional Adminis trator or Science and Research Direc tor may accept or reject any correction and initiate any appropriate civil pen alty actions. (2) Weekly catch report (CATREP). The operator of each FFV must submit a weekly catch report stating any catch (Activity Code 1) in round weight of each species or species group allocated to that Nation by area and days fished in each area for the weekly period Sun day through Saturday, GMT, as modi fied by the fishery in which the FFV is engaged. Foreign vessels delivering unsorted, unprocessed fish to a proc essing vessel are not required to sub mit CATREP’s, if that processing ves sel (Activity Code 2) submits consoli dated CATREP’s for all fish received during each weekly period. No report is required for FFV’s that do not catch or receive foreign-caught fish during the reporting period. (3) Weekly receipts report (RECREP). The operator of each FFV must submit 78 50 CFR Ch. VI (10–1–22 Edition) § 600.502 a weekly report stating any receipts of U.S.-harvested fish in a joint venture (Activity Code 4) for the weekly period Sunday through Saturday, GMT, as modified by the fishery in which the FFV is engaged, for each fishing area, by authorized or prohibited species or species group; days fish received; round weight retained or returned to the U.S. fishing vessel; number of codends re ceived; and number of vessels transfer ring codends. The report must also in clude the names of U.S. fishing vessels transferring codends during the week. No report is required for FFV’s that do not receive any U.S.-harvested fish during the reporting period. (4) Marine mammal report (MAMREP). The operator of each FFV must submit a weekly report stating any incidental catch or receipt of marine mammals (Activity Codes 1 or 2 and/or 4), the geographical position caught, the con dition of the animal, number caught (if more than one of the same species and condition), and nationality of the catching vessel for the period Sunday through Saturday, GMT, as modified by the fishery in which the vessel is en gaged. Foreign catching vessels deliv ering unsorted, unprocessed fish to processing vessel are not required to submit MAMREP’s, provided that the processing or factory vessel (Activity Code 2) submits consolidated MAMREP’s for all fish received during each weekly period. FFV’s receiving U.S.-harvested fish in a joint venture (Activity Code 4) must submit consoli dated reports for U.S. vessels operating in the joint venture. No report is re quired for FFV’s that do not catch or receive marine mammals during the re porting period. (g) Submission instructions for weekly reports. The designated representative for each FFV must submit weekly re ports in the prescribed format to the appropriate Regional Administrator or Science and Research Director of NMFS by 1900 GMT on the Wednesday following the end of the reporting pe riod. However, by agreement with the appropriate Regional Administrator or Science and Research Director, the des ignated representative may submit weekly reports to some other facility of NMFS. (h) Alternative reporting procedures. As an alternative to the use of the specific procedures provided, an applicant may submit proposed reporting procedures for a general type of fishery operation (i.e., transshipments under Activity Code 10) to the appropriate Regional Administrator and the USCG com mander (see tables 1 and 2 to § 600.502 of this chapter). With the agreement of the USCG commander, the Regional Administrator may authorize the use of alternative reporting procedures. TABLE 1 TO § 600.502—ADDRESSES NMFS regional administrators NMFS science and research directors U.S. Coast Guard commanders Administrator, Northeast Region, National Marine Fisheries Service, NOAA, One Blackburn Drive, Gloucester, MA 01930–2298. Director, Northeast Fisheries Science Center, National Marine Fisheries Service, NOAA, 166 Water St., Woods Hole, MA 02543–1097. Commander, Atlantic Area, U.S. Coast Guard, 431 Crawford St., Portsmouth, VA 23704. Administrator, Southeast Region, National Marine Fisheries Service, 263 13th Ave. South, St. Petersburg, FL 33701. Director, Southeast Fisheries Science Center, National Marine Fisheries Service, NOAA, 75 Virginia Beach Drive, Miami, FL 33149. Commander, Atlantic Area, U.S. Coast Guard, Governor’s Island, New York 10004. Administrator, Northwest Region, National Marine Fisheries Service, NOAA, 7600 Sand Point Way, NE, BIN C15700, Bldg. 1, Seattle, WA 98115. Director, Northwest Fisheries Science Center, National Marine Fisheries Service, NOAA, 2725 Montlake Blvd. East, Seattle, WA 98112–2097. Commander, Pacific Area, U.S. Coast Guard, Government Island, Alameda, CA 94501. Administrator, Alaska Region, National Marine Fisheries Service, NOAA, P.O. Box 21668, Juneau, AK 99802–1668. Director, Alaska Fisheries Science Cen ter, National Marine Fisheries Service, NOAA, 7600 Sand Point Way, NE, BIN C15700, Bldg. 4, Seattle, WA 98115–0070. Commander, Seventeenth Coast Guard District, P.O. Box 25517, Juneau, AK 99802. Administrator, Southwest Region, National Marine Fisheries Service, NOAA, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802–4213. Director, Southwest Fisheries Science Center, National Marine Fisheries Service, NOAA, P.O. Box 271, La Jolla, CA 92038–0271. Commander, Fourteenth Coast Guard District, 300 Ala Moana Blvd., Hono lulu, HI 96850. 79 Fishery Conservation and Management § 600.502 TABLE 1 TO § 600.502—ADDRESSES—Continued NMFS regional administrators NMFS science and research directors U.S. Coast Guard commanders Administrator, Pacific Islands Region, Na tional Marine Fisheries Service, NOAA, 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818. Director, Pacific Islands Fisheries Science Center, National Marine Fish eries Service, NOAA, 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818. Commander, Fourteenth Coast Guard District, 300 Ala Moana Blvd., Hono lulu, HI 96850. TABLE 2 TO § 600.502—AREAS OF RESPONSIBILITY OF NMFS AND U.S. COAST GUARD OFFICES Area of responsibility/fishery National Marine Fisheries Service U.S. Coast Guard Atlantic Ocean North of Cape Hatteras .... Director, Northeast Science Center, Attn: Observer Program. Commander, Atlantic Area. Atlantic Ocean South of Cape Hatteras .... Director, Northeast Science Center, Attn: Observer Program. Commander, Atlantic Area. Atlantic Tunas, Swordfish, Billfish and Sharks. Director, Office of Sustainable Fisheries Commander, Atlantic Area. Gulf of Mexico and Caribbean Sea ........... Administrator, Southeast Region ............ Commander, Atlantic Area. Pacific Ocean off the States of California, Oregon, and Washington. Administrator, Northwest Region ............ Commander, Pacific Area. North Pacific Ocean and Bering Sea off Alaska. Administrator, Alaska Region .................. Commander, Seventeenth Coast Guard District. Pacific Ocean off Hawaii, American Samoa, Guam, Commonwealth of the Northern Mariana Islands, and U.S. In sular Possessions in the Central and Western Pacific. Administrator, Pacific Islands Region ..... Commander, Fourteenth Coast Guard District. TABLE 3 TO § 600.502—U.S. COAST GUARD COMMUNICATIONS STATIONS AND FREQUENCIES U.S. Coast Guard communications station Radiotelephone IRCS Channel 1 GMT time Boston .................................................................................... NMF A-E 2330–1100. B,C All. D 1100–2330. E (On request). CAMSLANT Chesapeake (Portsmouth, VA) .......................... NMN A 2330–1100. B,C All. D 1100–2330. E (On request). New Orleans ........................................................................... NMG A 2330–1100. B,C All. D 1100–2330. E (On request). CAMSPAC Point Reyes (San Francisco, CA) ....................... NMC A-D All. E (On request). Honolulu ................................................................................. NMO A-D All. E (On request). Kodiak ..................................................................................... NOJ A-D All. E (On request). 1 Carrier frequencies of duplex, high-frequency single-sideband channels are: Letter Shore transmit Ship transmit A ........................................................................................................................................ 4426.0 4134.0 B ........................................................................................................................................ 6501.0 6200.0 C ........................................................................................................................................ 8764.0 8240.0 D ........................................................................................................................................ 13089.0 12242.0 E ........................................................................................................................................ 17314.0 16432.0 [61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998; 64 FR 39020, July 21, 1999; 69 FR 8341, Feb. 24, 2004; 76 FR 34902, June 15, 2011; 79 FR 64111, Oct. 28, 2014] 80 50 CFR Ch. VI (10–1–22 Edition) § 600.503 § 600.503 Vessel and gear identifica tion. (a) Vessel identification. (1) The oper ator of each FFV assigned an IRCS must display that call sign amidships on both the port and starboard sides of the deckhouse or hull, so that it is visi ble from an enforcement vessel, and on an appropriate weather deck so it is visible from the air. (2) The operator of each FFV not as signed an IRCS, such as a small trawler associated with a mothership or one of a pair of trawlers, must display the IRCS of the associated vessel, followed by a numerical suffix. (For example, JCZM–1, JCZM–2, etc., would be dis played on small trawlers not assigned an IRCS operating with a mothership whose IRCS is JCZM; JANP–1 would be displayed by a pair trawler not as signed an IRCS operating with a trawl er whose IRCS is JANP.) (3) The vessel identification must be in a color in contrast to the back ground and must be permanently af fixed to the FFV in block Roman al phabet letters and Arabic numerals at least 1 m in height for FFV’s over 20 m in length, and at least 0.5 m in height for all other FFV’s. (b) Navigational lights and shapes. Each FFV must display the lights and shapes prescribed by the International Regulations for Preventing Collisions at Sea, 1972 (TIAS 8587, and 1981 amend ment TIAS 10672), for the activity in which the FFV is engaged (as described at 33 CFR part 81). (c) Gear identification. (1) The oper ator of each FFV must ensure that all deployed fishing gear that is not phys ically and continuously attached to an FFV: (i) Is clearly marked at the surface with a buoy displaying the vessel iden tification of the FFV (see paragraph (a) of this section) to which the gear be longs. (ii) Has attached a light visible for 2 nautical miles (3.70 km) at night in good visibility. (iii) Has a radio buoy. Trawl codends passed from one vessel to another are considered continuously attached gear and are not required to be marked. (2) The operator of each FFV must ensure that deployed longlines, strings of traps or pots, and gillnets are marked at the surface at each terminal end with: (see paragraphs (c)(1)(i) through (c)(1)(iii) of this section). (3) Additional requirements may be specified for the fishery in which the vessel is engaged. (4) Unmarked or incorrectly identi fied fishing gear may be considered abandoned and may be disposed of in accordance with applicable Federal regulations by any authorized officer. (d) Maintenance. The operator of each FFV must— (1) Keep the vessel and gear identi fication clearly legible and in good re pair. (2) Ensure that nothing on the FFV obstructs the view of the markings from an enforcement vessel or aircraft. (3) Ensure that the proper naviga tional lights and shapes are displayed for the FFV’s activity and are properly functioning. § 600.504 Facilitation of enforcement. (a) General. (1) The owner, operator, or any person aboard any FFV subject to this subpart must immediately com ply with instructions and signals issued by an authorized officer to stop the FFV; to move the FFV to a speci fied location; and to facilitate safe boarding and inspection of the vessel, its gear, equipment, records, and fish and fish products on board for purposes of enforcing the Magnuson-Stevens Act and this subpart. (2) The operator of each FFV must provide vessel position or other infor mation when requested by an author ized officer within the time specified in the request. (b) Communications equipment. (1) Each FFV must be equipped with a VHF-FM radiotelephone station lo cated so that it may be operated from the wheelhouse. Each operator must maintain a continuous listening watch on channel 16 (156.8 mHz). (2) Each FFV must be equipped with a radiotelephone station capable of communicating via 2182 kHz (SSB) radiotelephony and at least one set of working frequencies identified in table 3 to § 600.502 appropriate to the fishery in which the FFV is operating. Each operator must monitor and be ready to 81 Fishery Conservation and Management § 600.504 communicate via 2182 kHz (SSB) radio telephone each day from 0800 GMT to 0830 GMT and 2000 to 2030 GMT, and in preparation for boarding. (3) FFV’s that are not equipped with processing facilities and that deliver all catches to a foreign processing ves sel are exempt from the requirements of paragraph (b)(2) of this section. (4) FFV’s with no IRCS that do not catch fish and are used as auxiliary vessels to handle codends, nets, equip ment, or passengers for a processing vessel are exempt from the require ments of paragraphs (b)(1) and (b)(2) of this section. (5) The appropriate Regional Admin istrator, with the agreement of the ap propriate USCG commander, may, upon request by a foreign nation, ac cept alternatives to the radio require ments of this section to certain FFV’s or types of FFV’s operating in a fish ery, provided they are adequate for the communications needs of the fishery. (c) Communications procedures. (1) Upon being approached by a USCG ves sel or aircraft, or other vessel or air craft with an authorized officer aboard, the operator of any FFV subject to this subpart must be alert for communica tions conveying enforcement instruc tions. The enforcement unit may com municate by channel 16 VHF-FM radio telephone, 2182 kHz (SSB) radio telephone, message block from an air craft, flashing light or flag signals from the International Code of Signals, hand signal, placard, loudhailer, or other appropriate means. The following signals, extracted from the Inter national Code of Signals, are among those that may be used. (i) ‘‘AA, AA, AA, etc.’’, which is the call for an unknown station. The sig naled vessel should respond by identi fying itself or by illuminating the ves sel identification required by § 600.505. (ii) ‘‘RY-CY’’, meaning ‘‘You should proceed at slow speed, a boat is coming to you’’. (iii) ‘‘SQ3’’, meaning ‘‘You should stop or heave to; I am going to board you’’. (iv) ‘‘L’’, meaning ‘‘You should stop your vessel instantly.’’ (2) Failure of an FFV’s operator to stop the vessel when directed to do so by an authorized officer using VHF-FM radiotelephone (channel 16), 2182 kHz (SSB) radiotelephone (where required), message block from an aircraft, flash ing light signal, flaghoist, or loudhailer constitutes a violation of this subpart. (3) The operator of or any person aboard an FFV who does not under stand a signal from an enforcement unit and who is unable to obtain clari fication by radiotelephone or other means must consider the signal to be a command to stop the FFV instantly. (d) Boarding. The operator of an FFV signaled for boarding must— (1) Monitor 2182 kHz (SSB) radio telephone and channel 16 (156.8 mHz) VHF-FM radiotelephone. (2) Stop immediately and lay to or maneuver in such a way as to maintain the safety of the FFV and facilitate boarding by the authorized officer and the boarding party or an observer. (3) Provide the authorized officer, boarding party, or observer a safe pilot ladder. The operator must ensure the pilot ladder is securely attached to the FFV and meets the construction re quirements of Regulation 17, Chapter V of the International Convention for the Safety of Life at Sea (SOLAS), 1974 (TIAS 9700 and 1978 Protocol, TIAS 10009), or a substantially equivalent na tional standard approved by letter from the Assistant Administrator, with agreement with the USCG. Safe pilot ladder standards are summarized below: (i) The ladder must be of a single length of not more than 9 m (30 ft), ca pable of reaching the water from the point of access to the FFV, accounting for all conditions of loading and trim of the FFV and for an adverse list of 15°. Whenever the distance from sea level to the point of access to the ship is more than 9 m (30 ft), access must be by means of an accommodation ladder or other safe and convenient means. (ii) The steps of the pilot ladder must be— (A) Of hardwood, or other material of equivalent properties, made in one piece free of knots, having an efficient non-slip surface; the four lowest steps may be made of rubber of sufficient strength and stiffness or of other suit able material of equivalent character istics. 82 50 CFR Ch. VI (10–1–22 Edition) § 600.505 (B) Not less than 480 mm (19 inches) long, 115 mm (4.5 inches) wide, and 25 mm (1 inch) in depth, excluding any non-slip device. (C) Equally spaced not less than 300 millimeters (12 inches) nor more than 380 mm (15 inches) apart and secured in such a manner that they will remain horizontal. (iii) No pilot ladder may have more than two replacement steps that are secured in position by a method dif ferent from that used in the original construction of the ladder. (iv) The side ropes of the ladder must consist of two uncovered manila ropes not less than 60 mm (2.25 inches) in cir cumference on each side (or synthetic ropes of equivalent size and equivalent or greater strength). Each rope must be continuous, with no joints below the top step. (v) Battens made of hardwood, or other material of equivalent prop erties, in one piece and not less than 1.80 m (5 ft 10 inches) long must be pro vided at such intervals as will prevent the pilot ladder from twisting. The lowest batten must be on the fifth step from the bottom of the ladder and the interval between any batten and the next must not exceed nine steps. (vi) Where passage onto or off the ship is by means of a bulwark ladder, two handhold stanchions must be fitted at the point of boarding or leaving the FFV not less than 0.70 m (2 ft 3 inches) nor more than 0.80 m (2 ft 7 inches) apart, not less than 40 mm (2.5 inches) in diameter, and must extend not less than 1.20 m (3 ft 11 inches) above the top of the bulwark. (4) When necessary to facilitate the boarding or when requested by an au thorized officer or observer, provide a manrope, safety line, and illumination for the ladder; and (5) Take such other actions as nec essary to ensure the safety of the au thorized officer and the boarding party and to facilitate the boarding and in spection. (e) Access and records. (1) The owner and operator of each FFV must provide authorized officers 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 per sonal quarters. (2) The owner and operator of each FFV must provide to authorized offi cers all records and documents per taining to the fishing activities of the vessel, including but not limited to, production records, fishing logs, navi gation logs, transfer records, product receipts, cargo stowage plans or records, draft or displacement calcula tions, customs documents or records, and an accurate hold plan reflecting the current structure of the vessel’s storage and factory spaces. (f) Product storage. The operator of each permitted FFV storing fish or fish products in a storage space must en sure that all non-fish product items are neither stowed beneath nor covered by fish products, unless required to main tain the stability and safety of the ves sel. These items include, but are not limited to, portable conveyors, exhaust fans, ladders, nets, fuel bladders, extra bin boards, or other movable non-prod uct items. These items may be in the space when necessary for safety of the vessel or crew or for storage of the product. Lumber, bin boards, or other dunnage may be used for shoring or bracing of product to ensure safety of crew and to prevent shifting of cargo within the space. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998] § 600.505 Prohibitions. (a) It is unlawful for any person to do any of the following: (1) Ship, transport, offer for sale, sell, purchase, import, export, or have cus tody, control, or possession of any fish taken or retained in violation of the Magnuson-Stevens Act, the applicable GIFA, this subpart, or any permit issued under this subpart; (2) Refuse to allow an authorized offi cer to board an FFV for purposes of conducting any search or inspection in connection with the enforcement of the Magnuson-Stevens Act, the applicable GIFA, this subpart, or any other per mit issued under this subpart; (3) Assault, resist, oppose, impede, in timidate, or interfere with any author ized officer in the conduct of any in spection or search described in para graph (a)(2) of this section; 83 Fishery Conservation and Management § 600.505 (4) Resist a lawful arrest for any act prohibited by the Magnuson-Stevens Act, the applicable GIFA, this subpart, or any permit issued under this sub part; (5) Interfere with, delay, or prevent by any means the apprehension or ar rest of another person with the knowl edge that such other person has com mitted any act prohibited by the Mag nuson-Stevens Act, the applicable GIFA, this subpart, or any permit issued under this subpart; (6) Interfere with, obstruct, delay, op pose, impede, intimidate, or prevent by any means any boarding, investigation or search, wherever conducted, in the process of enforcing the Magnuson-Ste vens Act, the applicable GIFA, this subpart, or any permit issued under this subpart; (7) Engage in any fishing activity for which the FFV does not have a permit as required under § 600.501; (8) Engage in any fishing activity within the EEZ without a U.S. observer aboard the FFV, unless the require ment has been waived by the Assistant Administrator or appropriate Regional Administrator; (9) Retain or attempt to retain, di rectly or indirectly, any U.S. harvested fish, unless the FFV has a permit for Activity Codes 4, 6, or 10; (10) Use any fishing vessel to engage in fishing after the revocation, or dur ing the period of suspension, of an ap plicable permit issued under this sub part; (11) Violate any provision of the ap plicable GIFA; (12) Falsely or incorrectly complete (including by omission) a permit appli cation or permit form as specified in § 600.501 (d) and (k); (13) Fail to report to the Assistant Administrator within 15 days any change in the information contained in the permit application for a FFV, as specified in § 600.501(k); (14) Assault, resist, oppose, impede, intimidate, or interfere with an ob server placed aboard an FFV under this subpart; (15) Interfere with or bias the sam pling procedure employed by an ob server, including sorting or discarding any catch prior to sampling, unless the observer has stated that sampling will not occur; or tamper with, destroy, or discard an observer’s collected sam ples, equipment, records, photographic film, papers, or effects without the ex press consent of the observer; (16) Prohibit or bar by command, im pediment, threat, coercion, or refusal of reasonable assistance, an observer from collecting samples, conducting product recovery rate determinations, making observations, or otherwise per forming the observer’s duties; (17) Harass or sexually harass an au thorized officer or observer; (18) Fail to provide the required as sistance to an observer as described at § 600.506 (c) and (e); (19) Fail to identify, falsely identify, fail to properly maintain, or obscure the identification of the FFV or its gear as required by this subpart; (20) Falsify or fail to make, keep, maintain, or submit any record or re port required by this subpart; (21) Fail to return to the sea or fail to otherwise treat prohibited species as required by this subpart; (22) Fail to report or falsely report any gear conflict; (23) Fail to report or falsely report any loss, jettisoning, or abandonment of fishing gear or other article into the EEZ that might interfere with fishing, obstruct fishing gear or vessels, or cause damage to any fishery resource or marine mammals; (24) Continue Activity Codes 1 through 4 after those activity codes have been canceled under § 600.511; (25) Fail to maintain health and safe ty standards set forth in § 600.506(d); (26) Violate any provisions of regula tions for specific fisheries of this sub part; (27) On a scientific research vessel, engage in fishing other than rec reational fishing authorized by applica ble state, territorial, or Federal regula tions; (28) Violate any provision of this sub part, the Magnuson-Stevens Act, the applicable GIFA, any notice issued under this subpart or any permit issued under this subpart; or (29) Attempt to do any of the fore going. (b) It is unlawful for any FFV, and for the owner or operator of any FFV 84 50 CFR Ch. VI (10–1–22 Edition) § 600.506 except an FFV engaged only in rec reational fishing, to fish— (1) Within the boundaries of any state, unless: (i) The fishing is authorized by the Governor of that state as permitted by section 306(c) of the Magnuson-Stevens Act to engage in a joint venture for processing and support with U.S. fish ing vessels in the internal waters of that state; or (ii) The fishing is authorized by, and conducted in accordance with, a valid permit issued under § 600.501, and the Governor of that state has indicated concurrence to allow fishing consisting solely of transporting fish or fish prod ucts from a point within the bound aries of that state to a point outside the United States; or (2) Within the EEZ, or for any anad romous species or continental shelf fishery resources beyond the EEZ, un less the fishing is authorized by, and conducted in accordance with, a valid permit issued under § 600.501. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 64 FR 39020, July 21, 1999] § 600.506 Observers. (a) General. To carry out such sci entific, compliance monitoring, and other functions as may be necessary or appropriate to carry out the purposes of the Magnuson-Stevens Act, the ap propriate Regional Administrator or Science and Research Director (see table 2 to § 600.502) may assign U.S. ob servers to FFV’s. Except as provided for in section 201(h)(2) of the Magnu son-Stevens Act, no FFV may conduct fishing operations within the EEZ un less a U.S. observer is aboard. (b) Effort plan. To ensure the avail ability of an observer as required by this section, the owners and operators of FFV’s wanting to fish within the EEZ will submit to the appropriate Re gional Administrator or Science and Research Director and also to the Chief, Financial Services Division, NMFS, 1315 East West Highway, Silver Spring, MD 20910 a schedule of fishing effort 30 days prior to the beginning of each quarter. A quarter is a time pe riod of 3 consecutive months beginning January 1, April 1, July 1, and October 1 of each year. The schedule will con tain the name and IRCS of each FFV intending to fish within the EEZ dur ing the upcoming quarter, and each FFV’s expected date of arrival and ex pected date of departure. (1) The appropriate Regional Admin istrator or Science and Research Direc tor must be notified immediately of any substitution of vessels or any can cellation of plans to fish in the EEZ for FFV’s listed in the effort plan required by this section. (2) If an arrival date of an FFV will vary more than 5 days from the date listed in the quarterly schedule, the ap propriate Regional Administrator or Science and Research Director must be notified at least 10 days in advance of the rescheduled date of arrival. If the notice required by this paragraph (b)(2) is not given, the FFV may not engage in fishing until an observer is available and has been placed aboard the vessel or the requirement has been waived by the appropriate Regional Adminis trator or Science and Research Direc tor. (c) Assistance to observers. To assist the observer in the accomplishment of his or her assigned duties, the owner and operator of an FFV to which an ob server is assigned must— (1) Provide, at no cost to the observer or the United States, accommodations for the observer aboard the FFV that are equivalent to those provided to the officers of that vessel. (2) Cause the FFV to proceed to such places and at such times as may be des ignated by the appropriate Regional Administrator or Science and Research Director for the purpose of embarking and debarking the observer. (3) Allow the observer to use the FFV’s communications equipment and personnel upon demand for the trans mission and receipt of messages. (4) Allow the observer access to and use of the FFV’s navigation equipment and personnel upon demand to deter mine the vessel’s position. (5) Allow the observer free and unob structed access to the FFV’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. 85 Fishery Conservation and Management § 600.506 (6) Allow the observer to inspect and copy the FFV’s daily log, communica tions log, transfer log, and any other log, document, notice, or record re quired by these regulations. (7) Provide the observer copies of any records required by these regulations upon demand. (8) Notify the observer at least 15 minutes before fish are brought on board or fish or fish products are trans ferred from the FFV to allow sampling the catch or observing the transfer, un less the observer specifically requests not to be notified. (9) Provide all other reasonable as sistance to enable the observer to carry out his or her duties. (d) Health and safety standards. All foreign fishing vessels to which an ob server is deployed must maintain, at all times that the vessel is in the EEZ, the following: (1) At least one working radar. (2) Functioning navigation lights as required by international law. (3) A watch on the bridge by appro priately trained and experienced per sonnel while the vessel is underway. (4) Lifeboats and/or inflatable life rafts with a total carrying capacity equal to or greater than the number of people aboard the vessel. Lifeboats and inflatable life rafts must be maintained in good working order and be readily available. (5) Life jackets equal or greater in number to the total number of persons aboard the vessel. Life jackets must be stowed in readily accessible and plain ly marked positions throughout the vessel, and maintained in a state of good repair. (6) At least one ring life buoy for each 25 ft (7.6 m) of vessel length, equipped with automatic water lights. Ring life buoys must have an outside diameter of not more than 32 inches (81.3 cm) nor less than 30 inches (76.2 cm), and must be maintained in a state of good repair. Ring life buoys must be readily available, but not positioned so they pose a threat of entanglement in work areas. They must be secured in such a way that they can be easily cast loose in the event of an emergency. (7) At least one VHF-FM radio with a functioning channel 16 (156.8 mHz), International Distress, Safety and Call ing Frequency, and one functioning AM radio (SSB-Single Side Band) capable of operating at 2182 kHz (SSB). Radios will be maintained in a radio room, chartroom, or other suitable location. (8) At least one Emergency Position Indicating Radio Beacon (EPIRB), ap proved by the USCG for offshore com mercial use, stowed in a location so as to make it readily available in the event of an emergency. (9) At least six hand-held, rocket-pro pelled, parachute, red-flare distress sig nals, and three orange-smoke distress signals stowed in the pilothouse or navigation bridge in portable water tight containers. (10) All lights, shapes, whistles, foghorns, fog bells and gongs required by and maintained in accordance with the International Regulations for Pre venting Collisions at Sea. (11) Clean and sanitary conditions in all living spaces, food service and prep aration areas and work spaces aboard the vessel. (e) Observer transfers. (1) The operator of the FFV must ensure that transfers of observers at sea via small boat or raft are carried out during daylight hours as weather and sea conditions allow, and with the agreement of the observer involved. The FFV operator must provide the observer 3 hours ad vance notice of at-sea transfers, so that the observer may collect personal be longings, equipment, and scientific samples. (2) The FFV’s involved must provide a safe pilot ladder and conduct the transfer according to the procedures of § 600.504(d) to ensure the safety of the during the transfer. (3) An experienced crew member must assist the observer in the small boat or raft in which the transfer is made. (f) Supplementary observers. In the event funds are not available from Con gressional appropriations of fees col lected to assign an observer to a for eign fishing vessel, the appropriate Re gional Administrator or Science and Research Director will assign a supple mentary observer to that vessel. The costs of supplementary observers will be paid for by the owners and operators of foreign fishing vessels as provided for in paragraph (h) of this section. 86 50 CFR Ch. VI (10–1–22 Edition) § 600.506 (g) Supplementary observer authority and duties. (1) A supplementary ob server aboard a foreign fishing vessel has the same authority and must be treated in all respects as an observer who is employed by NMFS, either di rectly or under contract. (2) The duties of supplementary ob servers and their deployment and work schedules will be specified by the ap propriate Regional Administrator or Science and Research Director. (3) All data collected by supple mentary observers will be under the ex clusive control of the Assistant Admin istrator. (h) Supplementary observer payment— (1) Method of payment. The owners and operators of foreign fishing vessels must pay directly to the contractor the costs of supplementary observer cov erage. Payment must be made to the contractor supplying supplementary observer coverage either by letter of credit or certified check drawn on a federally chartered bank in U.S. dol lars, or other financial institution ac ceptable to the contractor. The letter of credit used to pay supplementary ob server fees to contractors must be sep arate and distinct from the letter of credit required by § 600.518(b)(2). Billing schedules will be specified by the terms of the contract between NOAA and the contractors. Billings for supplementary observer coverage will be approved by the appropriate Regional Adminis trator or Science and Research Direc tor and then transmitted to the owners and operators of foreign fishing vessels by the appropriate designated rep resentative. Each country will have only one designated representative to receive observer bills for all vessels of that country, except as provided for by the Assistant Administrator. All bills must be paid within 10 working days of the billing date. Failure to pay an ob server bill will constitute grounds to revoke fishing permits. All fees col lected under this section will be con sidered interim in nature and subject to reconciliation at the end of the fis cal year in accordance with paragraph (h)(4) of this section and § 600.518(d). (2) Contractor costs. The costs charged for supplementary observer coverage to the owners and operators of foreign fishing vessels may not exceed the costs charged to NMFS for the same or similar services, except that contrac tors may charge to the owners and op erators of foreign fishing vessels an ad ditional fee to cover the administrative costs of the program not ordinarily part of contract costs charged to NMFS. The costs charged foreign fish ermen for supplementary observers may include, but are not limited to the following: (i) Salary and benefits, including overtime, for supplementary observers. (ii) The costs of post-certification training required by paragraph (j)(2) of this section. (iii) The costs of travel, transpor tation, and per diem associated with deploying supplementary observers to foreign fishing vessels including the cost of travel, transportation, and per diem from the supplementary observ er’s post of duty to the point of embar kation to the foreign fishing vessel, and then from the point of disembarka tion to the post of duty from where the trip began. For the purposes of these regulations, the appropriate Regional Administrator or Science and Research Director will designate posts of duty for supplementary observers. (iv) The costs of travel, transpor tation, and per diem associated with the debriefing following deployment of a supplementary observer by NMFS of ficials. (v) The administrative and overhead costs incurred by the contractor and, if appropriate, a reasonable profit. (3) NMFS costs. The owners and opera tors of foreign fishing vessels must also pay to NMFS as part of the surcharge required by section 201(i)(4) of the Mag nuson-Stevens Act, the following costs: (i) The costs of certifying applicants for the position of supplementary ob server. (ii) The costs of any equipment, in cluding safety equipment, sampling equipment, operations manuals, or other texts necessary to perform the duties of a supplementary observer. The equipment will be specified by the appropriate Regional Administrator or Science and Research Director accord ing to the requirements of the fishery to which the supplementary observer will be deployed. 87 Fishery Conservation and Management § 600.506 (iii) The costs associated with com munications with supplementary ob servers for transmission of data and routine messages. (iv) For the purposes of monitoring the supplementary observer program, the costs for the management and analysis of data. (v) The costs for data editing and entry. (vi) Any costs incurred by NMFS to train, deploy or debrief a supple mentary observer. (vii) The cost for U.S. Customs in spection for supplementary observers disembarking after deployment. (4) Reconciliation. Fees collected by the contractor in excess of the actual costs of supplementary observer cov erage will be refunded to the owners and operators of foreign fishing vessels, or kept on deposit to defray the costs of future supplementary observer cov erage. Refunds will be made within 60 days after final costs are determined and approved by NMFS. (i) Supplementary observer contrac tors—(1) Contractor eligibility. Supple mentary observers will be obtained by NMFS from persons or firms having es tablished contracts to provide NMFS with observers. In the event no such contract is in place, NMFS will use es tablished, competitive contracting pro cedures to select persons or firms to provide supplementary observers. The services supplied by the supplementary observer contractors will be as de scribed within the contract and as specified below. (2) Supplementary observer contrac tors must submit for the approval of the Assistant Administrator the fol lowing: (i) A copy of any contract, including all attachments, amendments, and en closures thereto, between the con tractor and the owners and operators of foreign fishing vessels for whom the contractor will provide supplementary observer services. (ii) All application information for persons whom the contractor desires to employ as certified supplementary ob servers. (iii) Billing schedules and billings to the owners and operators of foreign fishing vessels for further transmission to the designated representative of the appropriate foreign nation. (iv) All data on costs. (j) Supplementary observers—certifi cation, training—(1) Certification. The appropriate Regional Administrator or Science and Research Director will cer tify persons as qualified for the posi tion of supplementary observer once the following conditions are met: (i) The candidate is a citizen or na tional of the United States. (ii) The candidate has education or experience equivalent to the education or experience required of persons used as observers by NMFS as either Fed eral personnel or contract employees. The education and experience required for certification may vary according to the requirements of managing the for eign fishery in which the supple mentary observer is to be deployed. Documentation of U.S. citizenship or nationality, and education or experi ence will be provided from personal qualification statements on file with NMFS contractors who provide supple mentary observer services, and will not require the submission of additional in formation to NMFS. (2) Training. Prior to deployment to foreign fishing vessels, certified supple mentary observers must also meet the following conditions: (i) Each certified supplementary ob server must satisfactorily complete a course of training approved by the ap propriate Regional Administrator or Science and Research Director as equivalent to that received by persons used as observers by NMFS as either Federal personnel or contract employ ees. The course of training may vary according to the foreign fishery in which the supplementary observer is to be deployed. (ii) Each certified supplementary ob server must agree in writing to abide by standards of conduct as set forth in Department of Commerce Administra tive Order 202–735 (as provided by the contractor). (k) Supplementary observer certification suspension or revocation. (1) Certifi cation of a supplementary observer may be suspended or revoked by the Assistant Administrator under the fol lowing conditions: 88 50 CFR Ch. VI (10–1–22 Edition) § 600.507 (i) A supplementary observer fails to perform the duties specified in para graph (g)(2) of this section. (ii) A supplementary observer fails to abide by the standards of conduct de scribed by Department of Commerce Administrative Order 202–735. (2) The suspension or revocation of the certification of a supplementary observer by the Assistant Adminis trator may be based on the following: (i) Boarding inspection reports by au thorized officers of the USCG or NMFS, or other credible information, that in dicate a supplementary observer has failed to abide by the established standards of conduct; or (ii) An analysis by NMFS of the data collected by a supplementary observer indicating improper or incorrect data collection or recording. The failure to properly collect or record data is suffi cient to justify decertification of sup plementary observers; no intent to de fraud need be demonstrated. (3) The Assistant Administrator will notify the supplementary observer, in writing, of the Assistant Administra tor’s intent to suspend or revoke cer tification, and the reasons therefor, and provide the supplementary ob server a reasonable opportunity to re spond. If the Assistant Administrator determines that there are disputed questions of material fact, then the As sistant Administrator may in this re spect appoint an examiner to make an informal fact-finding inquiry and pre pare a report and recommendations. [61 FR 32540, June 24, 1996, as amended at 63 FR 7074, 7075, Feb. 12, 1998; 64 FR 39020, July 21, 1999] § 600.507 Recordkeeping. (a) General. The owner and operator of each FFV must maintain timely and accurate records required by this sec tion as modified by the regulations for the fishery in which the FFV is en gaged. (1) The owner and operator of each FFV must maintain all required records in English, based on Greenwich mean time (GMT) unless otherwise specified in the regulation, and make them immediately available for inspec tion upon the request of an authorized officer or observer. (2) The owner and operator of each FFV must retain all required records on board the FFV whenever it is in the EEZ, for 3 years after the end of the permit period. (3) The owner and operator of each FFV must retain the required records and make them available for inspec tion upon the request of an authorized officer at any time during the 3 years after the end of the permit period, whether or not such records are on board the vessel. (4) The owner and operator of each FFV must provide to the Assistant Ad ministrator, in the form and at the times prescribed, any other informa tion requested that the Assistant Ad ministrator determines is necessary to fulfill the fishery conservation, man agement and enforcement purposes of the Magnuson-Stevens Act. (b) Communications log. The owner and operator of each FFV must record in a separate communications log, at the time of transmittal, the time and content of each notification made under § 600.504. (c) Transfer log. Except for the trans fer of unsorted, unprocessed fish via codend from a catching vessel to a processing vessel (Activity Code 2 or 4), the owner and operator of each FFV must record, in a separate transfer log, each transfer or receipt of any fish or fishery product, including quantities transferred or offloaded outside the EEZ. The operator must record in the log within 12 hours of the completion of the transfer: (1) The time and date (GMT) and lo cation (in geographic coordinates) the transfer began and was completed. (2) The product weight, by species and product (use species and product codes), of all fish transferred, to the nearest 0.01 mt. (3) The name, IRCS, and permit num ber of both the FFV offloading the fish and the FFV receiving the fish. (d) Daily fishing log. (1) The owner or operator of each FFV authorized to catch fish (Activity Code 1) must main tain a daily fishing log of the effort, catch and production of the FFV, as modified by paragraph (d)(2) of this section and the regulations for the fishery in which the FFV is engaged. The operator must maintain on a daily 89 Fishery Conservation and Management § 600.507 and cumulative basis for the permit pe riod a separate log for each fishery (see table 2 to § 600.502) in which the FFV is engaged according to this section and in the format specified in the instruc tions provided with the permit or other format authorized under paragraph (i) of this section. Daily effort entries are required for each day the vessel con ducts fishing operations within the EEZ. Daily entries are not required whenever the FFV is in port or engaged in a joint venture in the internal waters of a state. Each page of log may contain entries pertaining to only one day’s fishing operations or one gear set, whichever is longer. (2) The owner or operator of each FFV authorized to catch fish (Activity Code 1) and that delivers all catches to a processing vessel, must maintain only ‘‘SECTION ONE-EFFORT’’, of the daily fishing log, provided the proc essing vessel maintains a daily consoli dated fishing log as described in para graphs (f) and (g) of this section. (e) Daily fishing log—contents. The daily fishing log must contain the fol lowing information, as modified by paragraph (d)(2) of this section and the regulations for the fishery in which the FFV is engaged, and be completed ac cording to the format and instructions provided with the permit or other for mat authorized under paragraph (i) of this section. (1) ‘‘SECTION ONE-EFFORT’’ must contain on a daily basis— (i) A consecutive page number, begin ning with the first day the vessel start ed fishing operations within the EEZ and continuing throughout the log. (ii) The date (based on GMT). (iii) The FFV’s name. (iv) The FFV’s IRCS. (v) The FFV’s U.S. permit number. (vi) The FFV’s noon (1200 GMT) posi tion in geographic coordinates. (vii) The master or operator’s signa ture or title. (2) ‘‘SECTION ONE-EFFORT’’ must contain, for each trawl or set, as appro priate to the gear type employed— (i) The consecutive trawl or set num ber, beginning with the first set of the calendar year. (ii) The fishing area in which the trawl or set was completed. (iii) The gear type. (iv) The time the gear was set. (v) The position of the set. (vi) The course of the set. (vii) The sea depth. (viii) The depth of the set. (ix) The duration of the set. (x) The hauling time. (xi) The position of the haul. (xii) The number of pots or longline units (where applicable). (xiii) The average number of hooks per longline unit (where applicable). (xiv) The trawl speed (where applica ble). (xv) The mesh size of the trawl’s codend (where applicable). (xvi) The estimated total weight of the catch for the trawl of set, to at least the nearest metric ton round weight. (3) ‘‘SECTION TWO-CATCH’’ must contain, for each trawl or set— (i) The consecutive set or trawl num ber from ‘‘SECTION ONE’’. (ii) The catch of each allocated spe cies or species group to at least the nearest 0.1 mt round weight. (iii) The prohibited species catch to at least the nearest 0.1 mt round weight or by number, as required by the regulations for the fishery in which the FFV is engaged. (iv) The species code of each marine mammal caught and its condition when released. (4) ‘‘SECTION TWO-CATCH’’ must contain, on a daily basis— (i) The species codes for all allocated or prohibited species or species groups caught. (ii) For each allocated species—the amount, to at least the nearest 0.1 mt, and the daily disposition, either proc essed for human consumption, used for fishmeal, or discarded; the daily catch by fishing area; the daily catch for all fishing areas; and the cumulative total catch. (iii) For the total catch of allocated species—the amount to at least the nearest 0.1 mt and the daily disposi tion, daily total catch by fishing area, daily total catch for all fishing areas, and cumulative total catch. (iv) The catch by fishing area, daily total, and cumulative total of each pro hibited species. (5) ‘‘SECTION THREE—PRODUC TION’’ must contain, on a daily basis, 90 50 CFR Ch. VI (10–1–22 Edition) § 600.507 for each allocated species caught and product produced— (i) The product by species code and product type. (ii) The daily product recovery rate of each species and product. (iii) The daily total product produced by species to at least the nearest 0.01 mt. (iv) The cumulative total of each product to at least the nearest 0.01 mt. (v) The cumulative amount of prod uct transferred. (vi) The balance of product remain ing aboard the FFV. (vii) The total daily amount, cumu lative amount, transferred product and balance of frozen product aboard the FFV to the nearest 0.01 mt. (viii) Transferred amount and bal ance of fishmeal and fish oil aboard to at least the nearest 0.01 mt. (f) Daily consolidated fishing or joint venture log. The operator of each FFV that receives unsorted, unprocessed fish from foreign catching vessels (Ac tivity Code 2) for processing or receives U.S.-harvested fish from U.S. fishing vessels in a joint venture (Activity Code 4) must maintain a daily joint venture log of the effort, catch and pro duction of its associated U.S. or foreign fishing vessels and the processing ves sel as modified by the regulations for the fishery in which the FFV is en gaged. This log is separate and in addi tion to the log required by paragraph (d) of this section. The operator must maintain a separate log for each fish ery in which the FFV is engaged, on a daily and cumulative basis, according to this section and in the format speci fied in the instructions provided with the permit or other format authorized under paragraph (i) of this section. Re ceipts of fish caught outside the EEZ must be included. Each page of the log may contain entries pertaining to only one day’s fishing operations. (g) Daily joint venture log—contents. Daily joint venture logs must contain the following information, as modified by the fishery in which the vessel is en gaged, and be completed according to the format and instructions provided with the permit or other format au thorized under paragraph (i) of this sec tion. (1) ‘‘SECTION ONE-EFFORT’’ must contain, on a daily basis, that informa tion required in paragraph (e)(1) of this section. (2) ‘‘SECTION ONE-EFFORT’’ must contain for each receipt of a codend— (i) The consecutive codend number, beginning with the first codend re ceived for the calendar year. (ii) The name of the U.S. fishing ves sel or the name and IRCS of the foreign fishing vessel the codend was received from. (iii) The fishing area where the codend was received. (iv) The time the codend was re ceived. (v) The position the codend was re ceived. (vi) The estimated weight of the codend to at least the nearest metric ton round weight. (3) ‘‘SECTION TWO-CATCH’’ must contain, for each codend received— (i) The consecutive codend number from ‘‘SECTION ONE’’. (ii) The receipts of each authorized species or species group and its disposi tion, either processed for human con sumption, used for fishmeal, discarded, or returned to the U.S. fishing vessel, to at least the nearest 0.1 mt round weight. (iii) The estimated receipts of each prohibited species or species group and its disposition, either discarded or re turned to the U.S. fishing vessel if au thorized in the fishery in which the U.S. vessel is engaged, to at least the nearest 0.1 mt round weight. (iv) The species code of each marine mammal received and its condition when released. (4) ‘‘SECTION TWO-CATCH’’ must contain on a daily basis— (i) The species codes of all authorized or prohibited species or species groups received. (ii) The daily disposition, as de scribed in paragraph (g)(3)(ii) of this section, daily total, and cumulative total receipts of each authorized spe cies or species groups. (iii) The daily disposition, daily total and cumulative total receipts of all au thorized species or species groups. (iv) The daily and cumulative total receipts of prohibited species groups 91 Fishery Conservation and Management § 600.508 and their disposition as described in paragraph (g)(3)(iii) of this section. (5) ‘‘SECTION THREE—PRODUC TION’’ must contain, on a daily basis, for each authorized species or species group received and product produced, that information required in paragraph (e)(5) of this section. (h) Daily log maintenance. The logs re quired by paragraphs (e) through (g) of this section must be maintained sepa rately for each fishery (see table 2 to § 600.502). (1) The effort section (all of ‘‘SEC TION ONE’’) of the daily logs must be updated within 2 hours of the hauling or receipt time. The catch or receipt by trawl or set (‘‘SECTION TWO’’) must be entered within 12 hours of the haul ing or receipt time. The daily and cu mulative total catch or receipts (‘‘SECTION TWO’’) and the production portion (‘‘SECTION THREE’’) of the log must be updated within 12 hours of the end of the day on which the catch was taken. The date of catch is the day and time (GMT) the gear is hauled. (2) Entries for total daily and cumu lative catch or receipt weights (disposi tion ‘‘C’’ or ‘‘M’’) must be based on the most accurate method available to the vessel, either scale round weights or factory weights converted to round weights. Entries for daily and cumu lative weights of discarded or returned fish (disposition ‘‘D’’ or ‘‘R’’) must be based on the most accurate method available to the vessel, either actual count, scale round weight, or estimated deck weights. Entries for product weights must be based on the number of production units (pans, boxes, blocks, trays, cans, or bags) and the av erage weight of the production unit, with reasonable allowances for water added. Allowances for water added can not exceed 5 percent of the unit weight. Product weights cannot be based on the commercial or arbitrary wholesale weight of the product, but must be based on the total actual weight of the product as determined by representa tive samples. (3) The owner or operator must make all entries in indelible ink, with correc tions to be accomplished by lining out and rewriting, rather than erasure. (i) Alternative log formats. As an al ternative to the use of the specific for mats provided, a Nation may submit a proposed log format for FFV’s of that Nation for a general type of fishery op eration in a fishery (i.e., joint venture operations) to the appropriate Regional Administrator and the USCG com mander (see tables 1 and 2 to § 600.502). With the agreement of the USCG com mander, the Regional Administrator may authorize the use of that log for mat for vessels of the requesting Na tion. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998] § 600.508 Fishing operations. (a) Catching. Each FFV authorized for activity code 1 may catch fish. An FFV may retain its catch of any spe cies or species group for which there is an unfilled national allocation. All fish caught will be counted against the na tional allocation, even if the fish are discarded, unless exempted by the reg ulations of the fishery in which the FFV is engaged. Catching operations may be conducted as specified by the regulations of the fishery in which the FFV is engaged and as modified by the FFV’s permit. (b) Scouting. Each FFV authorized for Activity Codes 1 through 6 may scout for fish. Scouting may be conducted only in the fisheries area authorized by the scouting vessel’s permit and under such other circumstances as may be designated in this subpart or the per mit. (c) Processing. Each FFV with Activ ity Code 1 or 2 may process fish. Proc essing may only be conducted when ever and wherever catching operations for FFV’s of that Nation are permitted, whenever and wherever joint venture operations are authorized by an FFV’s permit under Activity Code 4, and under such other circumstances as may be designated in this subpart or the permit. (d) Support. Each FFV with Activity Codes 1, 2, 3, 5, or 8 may support other permitted FFV’s. Each FFV with Ac tivity Codes 4 or 6 may support U.S. vessels. Support operations may be conducted only in the fisheries areas authorized by the supporting vessel’s permit, and under such other cir cumstances as may be designated in this subpart or the permit. 92 50 CFR Ch. VI (10–1–22 Edition) § 600.509 (e) Joint ventures. Each FFV with Ac tivity Code 4 in addition to Activity Codes 1 or 2 may also conduct oper ations with U.S. fishing vessels. These joint venture operations with U.S. fish ing vessels may be conducted through out the EEZ, and under such other cir cumstances as may be designated in these regulations or the permit. FFV’s with activity code 4 may continue op erations assisting U.S. fishing vessels, despite closures under § 600.511(a). (f) Internal waters. For FFV’s author ized under section 306(c) of the Magnu son-Stevens Act: (1) Each FFV may engage in fish processing and support of U.S. fishing vessels within the internal waters of that state in compliance with terms and conditions set by the authorizing Governor. (2) The owner or operator of each FFV must submit weekly reports on the amount of fish received from ves sels of the United States and the loca tion(s) where such fish were harvested. (i) Reports must include: (A) Vessel identification information for the FFV. (B) Date of each receipt of fish. (C) Amount of fish received, by spe cies. (D) Location(s) from which the fish received were harvested and the name and official number of the vessel of the United States that harvested the fish. (ii) Owners or operators of FFV’s processing fish in internal waters under the provisions of this paragraph (f) must request, from the Regional Ad ministrator, the requirements regard ing timing and submission of the re ports, at least 15 days prior to the first receipt of fish from a vessel of the United States. The Regional Adminis trator shall stipulate the timing and submission requirements in writing. (g) Transshipping. Each FFV with Ac tivity Code 1, 2, 3, 4, 5, 6, 7, 8, or 10 may transship in accordance with this sub part and the vessel’s permit. [61 FR 32540, June 24, 1996, as amended at 62 FR 27183, May 19, 1997; 62 FR 34397, June 26, 1997; 64 FR 39020, July 21, 1999] § 600.509 Prohibited species. (a) The owner or operator of each FFV must minimize its catch or re ceipt of prohibited species. (b) After allowing for sampling by an observer (if any), the owner or operator of each FFV must sort its catch of fish received as soon as possible and return all prohibited species and species parts to the sea immediately with a min imum of injury, regardless of condi tion, unless a different procedure is specified by the regulations for the fishery in which the FFV is engaged. All prohibited species must be recorded in the daily fishing log and other fish ing logs as specified by the regulations for the fishery in which the FFV is en gaged. (c) All species of fish that an FFV has not been specifically allocated or authorized under this subpart to re tain, including fish caught or received in excess of any allocation or author ization, are prohibited species. (d) It is a rebuttable presumption that any prohibited species or species part found on board an FFV was caught and retained in violation of this sec tion. § 600.510 Gear avoidance and disposal. (a) Vessel and gear avoidance. (1) FFV’s arriving on fishing grounds where fishing vessels are already fish ing or have set their gear for that pur pose must ascertain the position and extent of gear already placed in the sea and must not place themselves or their fishing gear so as to interfere with or obstruct fishing operations already in progress. Vessels using mobile gear must avoid fixed fishing gear. (2) The operator of each FFV must maintain on its bridge a current plot of broadcast fixed-gear locations for the area in which it is fishing, as required by the regulations for the fishery in which the FFV is engaged. (b) Gear conflicts. The operator of each FFV that is involved in a conflict or that retrieves the gear of another vessel must immediately notify the ap propriate USCG commander identified in tables 1 and 2 to § 600.502 and request disposal instructions. Each report must include: (1) The name of the reporting vessel. (2) A description of the incident and articles retrieved, including the amount, type of gear, condition, and identification markings. (3) The location of the incident. 93 Fishery Conservation and Management § 600.512 (4) The date and time of the incident. (c) Disposal of fishing gear and other articles. (1) The operator of an FFV in the EEZ may not dump overboard, jet tison or otherwise discard any article or substance that may interfere with other fishing vessels or gear, or that may catch fish or cause damage to any marine resource, including marine mammals and birds, except in cases of emergency involving the safety of the ship or crew, or as specifically author ized by communication from the appro priate USCG commander or other au thorized officer. These articles and sub stances include, but are not limited to, fishing gear, net scraps, bale straps, plastic bags, oil drums, petroleum con tainers, oil, toxic chemicals or any manmade items retrieved in an FFV’s gear. (2) The operator of an FFV may not abandon fishing gear in the EEZ. (3) If these articles or substances are encountered, or in the event of acci dental or emergency placement into the EEZ, the vessel operator must im mediately report the incident to the appropriate USCG Commander indi cated in tables 1 and 2 to § 600.502, and give the information required in para graph (b) of this section. § 600.511 Fishery closure procedures. (a) Activity Codes 1 and 2 for a fish ery are automatically canceled in the following cases, unless otherwise speci fied by regulations specific to a fish ery, when— (1) The OY for any allocated species or species group has been reached in that fishery; (2) The TALFF or catch allowance for any allocated species or species group has been reached in that fishery; (3) The foreign nation’s allocation for any allocated species or species group has been reached; or (4) The letter of credit required in § 600.518(b)(2) is not established and maintained. (b) Activity Code 4 is automatically canceled when— (1) The OY for a species with a JVP amount is reached; (2) The JVP amount for a species or species group is reached; or (3) The letter of credit required in § 600.518(b)(2) is not established and maintained. (c) Notification. (1) The Regional Ad ministrator is authorized to close a fishery on behalf of NMFS. The Re gional Administrator will notify each FFV’s designated representative of clo sures. (2) If possible, notice will be given 48 hours before the closure. However, each Nation and the owners and operators of all FFV’s of that Nation are respon sible for ending fishing operations when an allocation is reached. (d) Catch reconciliation. Vessel activ ity reports, U.S. surveillance observa tions, observer reports, and foreign catch and effort reports will be used to make the determination listed in para graphs (a) and (b) of this section. If NMFS estimates of catch or other val ues made during the season differ from those reported by the foreign fleets, ef forts may be initiated by the des ignated representative of each Nation to resolve such differences with NMFS. If, however, differences still persist after such efforts have been made, NMFS estimates will be the basis for decisions and will prevail. (e) Duration. Any closure under this section will remain in effect until an applicable new or increased allocation or JVP becomes available or the letter of credit required by § 600.518(b)(2) is re established. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998] § 600.512 Scientific research. (a) Scientific research activity. Persons planning to conduct scientific research activities on board a scientific research vessel in the EEZ that may be confused with fishing are encouraged to submit to the appropriate Regional Adminis trator or Director, 60 days or as soon as practicable prior to its start, a sci entific research plan for each scientific activity. The Regional Administrator or Director will acknowledge notifica tion of scientific research activity by issuing to the operator or master of that vessel, or to the sponsoring insti tution, a Letter of Acknowledgment. This Letter of Acknowledgment is sep arate and distinct from any permit or consultation required under the 94 50 CFR Ch. VI (10–1–22 Edition) § 600.513 MMPA, the ESA, or any other applica ble law. The Regional Administrator or Director will include text in the Letter of Acknowledgment informing the ap plicant that such permits may be re quired and should be obtained from the agency prior to embarking on the ac tivity. If the Regional Administrator or Director, after review of a research plan, determines that it does not con stitute scientific research activity but rather fishing, the Regional Adminis trator or Director will inform the ap plicant as soon as practicable and in writing. In making this determination, the Regional Administrator, Director, or designee shall consider: the merits of the individual proposal and the in stitution(s) involved; whether the pro posed activity meets the definition of scientific research activity; and wheth er the vessel meets all the require ments for a scientific research vessel. Foreign vessels that qualify as sci entific research vessels and which are engaged in a scientific research activ ity may only engage in compensation fishing during the scientific research cruise and in accordance with the ap plicable scientific research plan. The Regional Administrator or Director may also make recommendations to re vise the research plan to ensure the ac tivity will be considered to be a sci entific research activity. The Regional Administrator or Director may des ignate a Science and Research Direc tor, or the Assistant Regional Adminis trator for Sustainable Fisheries, to re ceive scientific research plans and issue Letters of Acknowledgment. In order to facilitate identification of the activity as scientific research, persons conducting scientific research activi ties are advised to carry a copy of the scientific research plan and the Letter of Acknowledgment on board the sci entific research vessel and to make it available for inspection upon the re quest of any authorized officer. It is recommended that for any scientific research activity, any fish, or parts thereof, retained pursuant to such ac tivity be accompanied, during any ex vessel activities, by a copy of the Let ter of Acknowledgment. Activities con ducted in accordance with a scientific research plan acknowledged by such a Letter of Acknowledgment are pre sumed to be scientific research activi ties. An authorized officer may over come this presumption by showing that an activity does not fit the definition of scientific research activity or is out side the scope of the scientific research plan. (b) Reports. Persons conducting sci entific research are requested to sub mit a copy of any cruise report or other publication created as a result of the cruise, including the amount, com position, and disposition of their catch, to the appropriate Science and Re search Director. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 74 FR 42793, Aug. 25, 2009] § 600.513 Recreational fishing. (a) Foreign vessels conducting rec reational fishing must comply only with this section, and §§ 600.10, 600.504(a)(1), and 600.505 (as applicable). Such vessels may conduct recreational fishing within the EEZ and within the boundaries of a state. Any fish caught may not be sold, bartered, or traded. (b) The owners or operator and any other person aboard any foreign vessel conducting recreational fishing must comply with any Federal laws or regu lations applicable to the domestic fish ery while in the EEZ, and any state laws or regulations applicable while in state waters. § 600.514 Relation to other laws. (a) Persons affected by these regula tions should be aware that other Fed eral and state statutes may apply to their activities. (b) Fishing vessel operators must ex ercise due care in the conduct of fish ing activities near submarine cables. Damage to submarine cables resulting from intentional acts or from the fail ure to exercise due care in the conduct of fishing operations subjects the fish ing vessel operator to enforcement ac tion under the International Conven tion for the Protection of Submarine Cables, and to the criminal penalties prescribed by the Submarine Cable Act (47 U.S.C. 21) and other laws that im plement that Convention. Fishing ves sel operators also should be aware that the Submarine Cable Act prohibits fishing operations at a distance of less 95 Fishery Conservation and Management § 600.518 than 1 nautical mile (1.85 km) from a vessel engaged in laying or repairing a submarine cable; or at a distance of less than 0.25 nautical mile (0.46 km) from a buoy or buoys intended to mark the position of a cable when being laid, or when out of order, or broken. § 600.515 Interpretation of 16 U.S.C. 1857(4). Section 307(4) of the Magnuson-Ste vens Act prohibits any fishing vessel other than a vessel of the United States (foreign fishing vessel) from op erating in the EEZ if all of the fishing gear on board the vessel is not stowed in compliance with that section ‘‘un less such vessel is authorized to engage in fishing in the area in which the ves sel is operating.’’ If such a vessel has a permit authorization that is limited to fishing activities other than catching, taking or harvesting (such as support, scouting or processing activities), it must have all of its fishing gear stowed at all times while it is in the EEZ. If such a vessel has a permit authoriza tion to engage in catching, taking or harvesting activities, but such author ization is limited to a specific area within the EEZ, and/or to a specific pe riod of time, the vessel must have all of its fishing gear stowed while it is in the EEZ, except when it is in the spe cific area authorized, and/or during the specific period of time authorized. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998] § 600.516 Total allowable level of for eign fishing (TALFF). (a) The TALFF, if any, with respect to any fishery subject to the exclusive fishery management authority of the United States, is that portion of the OY of such fishery, which cannot or will not be harvested by vessels of the United States. Allocations of TALFF are discretionary, except that the total allowable level shall be zero for fish eries determined by the Secretary to have adequate or excess domestic har vest capacity. (b) Each specification of OY and each assessment of the anticipated U.S. har vest will be reviewed during each fish ing season. Adjustments to TALFF’s will be made based on updated informa tion relating to status of stocks, esti mated and actual performance of do mestic and foreign fleets, and other rel evant factors. (c) Specifications of OY and the ini tial estimates of U.S. harvests and TALFF’s at the beginning of the rel evant fishing year will be published in the FEDERAL REGISTER. Adjustments to those numbers will be published in the FEDERAL REGISTER upon occasion or as directed by regulations implementing FMPs. For current apportionments, contact the appropriate Regional Ad ministrator or the Director. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 73 FR 67811, Nov. 17, 2008] § 600.517 Allocations. The Secretary of State, in coopera tion with the Secretary, determines the allocation among foreign nations of fish species and species groups. The Secretary of State officially notifies each foreign nation of its allocation. The burden of ascertaining and accu rately transmitting current allocations and status of harvest of an applicable allocation to fishing vessels is upon the foreign nation and the owner or oper ator of the FFV. § 600.518 Fee schedule for foreign fish ing. (a) Permit application fees. Each vessel permit application submitted under § 600.501 must be accompanied by a fee. The amount of the fee will be deter mined in accordance with the proce dures for determining administrative costs of each special product or service contained in the NOAA Finance Hand book, which is available upon request from the Office of International Affairs (see address at § 600.501(d)(1)). The fee is specified with the application form. At the time the application is submitted, a check for the fees, drawn on a U.S. bank, payable to the order of ‘‘Depart ment of Commerce, NOAA,’’ must be sent to the Assistant Administrator. The permit fee payment must be ac companied by a list of the vessels for which the payment is made. In the case of applications for permits authorizing activity code 10, the permit application fee will be waived if the applicant pro vides satisfactory documentary proof to the Assistant Administrator that 96 50 CFR Ch. VI (10–1–22 Edition) § 600.518 the foreign nation under which the ves sel is registered does not collect a fee from a vessel of the United States en gaged in similar activities in the waters of such foreign nation. The doc umentation presented (e.g., copy of for eign fishing regulations applicable to vessels of the United States) must clearly exempt vessels of the United States from such a fee. (b) Poundage fees—(1) Rates. If a Na tion chooses to accept an allocation, poundage fees must be paid at the rate specified in the following table. TABLE—SPECIES AND POUNDAGE FEES [Dollars per metric ton] Species Pound age fees Northwest Atlantic Ocean fisheries: 1. Butterfish .................................................... 277.96 2. Herring, Atlantic .......................................... 25.75 3. Herring, River ............................................. 49.59 4. Mackerel, Atlantic ....................................... 64.76 5. Other finfish ................................................ 45.48 6. Squid, Illex .................................................. 97.56 7. Squid, Loligo .............................................. 321.68 (2) Method of payment of poundage fees and observer fees. (i) If a Nation chooses to accept an allocation, a revolving let ter of credit (L/C) must be established and maintained to cover the poundage fees for at least 25 percent of the pre vious year’s total allocation at the rate in paragraph (b)(1) of this section, or as determined by the Assistant Adminis trator, plus the observer fees required by paragraph (c) of this section. The L/ C must— (A) Be irrevocable. (B) Be with a bank subscribing to ICC Pub. 290. (C) Designate ‘‘Department of Com merce, NOAA’’ as beneficiary; (D) Allow partial withdrawals. (E) Be confirmed by a U.S. bank. (ii) The customer must pay all com missions, transmission, and service charges. No fishing will be allowed until the L/C is established, and au thorized written notice of its issuance is provided to the Assistant Adminis trator. (3) Assessment of poundage fees. Poundage fees will be assessed quar terly for the actual catch during Janu ary through March, April through June, July through September, and Oc tober through December. The appro priate Regional Administrator will rec oncile catch figures with each country following the procedures of § 600.511(d). When the catch figures are agreed upon, NOAA will present a bill for col lection as the documentary demand for payment to the confirming bank. If, after 45 days from the end of the quar ter, catches have not been reconciled, the estimate of the Regional Adminis trator will stand and a bill will be issued for that amount. If necessary, the catch figures may be refined by the Regional Administrator during the next 60 days, and any modifications will be reflected in the next quarter’s bill. (c) Observer fees. The Assistant Ad ministrator will notify the owners or operators of FFV’s of the estimated an nual costs of placing observers aboard their vessels. The owners or operators of any such vessel must provide for re payment of those costs by including one-fourth of the estimated annual ob server fee as determined by the Assist ant Administrator in a L/C as pre scribed in § 600.518(b)(2). During the fis cal year, payment will be withdrawn from the L/C as required to cover an ticipated observer coverage for the up coming fishery. The Assistant Admin istrator will reconcile any differences between the estimated cost and actual costs of observer coverage within 90 days after the end of the fiscal year. (d) Financial assurances. (1) A foreign nation, or the owners and operators of certain vessels of that foreign nation, may be required by the Assistant Ad ministrator to provide financial assur ances. Such assurances may be re quired if— (i) Civil and criminal penalties as sessed against fishing vessels of the Na tion have not effectively deterred vio lations; (ii) Vessels of that Nation have en gaged in fishing in the EEZ without proper authorization to conduct such activities; (iii) The Nation’s vessel owners have refused to answer administrative charges or summons to appear in court; or (iv) Enforcement of Magnuson-Ste vens Act civil or criminal judgments in the courts of a foreign nation is unat tainable. 97 Fishery Conservation and Management § 600.520 (2) The level of financial assurances will be guided by the level of penalties assessed and costs to the U.S. Govern ment. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 64 FR 39020, July 21, 1999; 66 FR 28132, May 22, 2001; 76 FR 59305, Sept. 26, 2011] § 600.520 Northwest Atlantic Ocean fishery. (a) Purpose. Sections 600.520 and 600.525 regulate all foreign fishing con ducted under a GIFA within the EEZ in the Atlantic Ocean north of 35°00′ N. lat. (b) Authorized fishery—(1) Allocations. Foreign vessels may engage in fishing only in accordance with applicable na tional allocations. (2) Time and area restrictions. (i) Fish ing, including processing, scouting, and support of foreign or U.S. vessels, is prohibited south of 35°00′ N. lat., and north and east of a line beginning at the shore at 44°22′ N. lat., 67°52′ W. long. and intersecting the boundary of the EEZ at 44°11′12″ N. lat., 67°16′46″ W. long. (ii) The Regional Administrator will consult with the Council prior to giv ing notice of any area or time restric tion. NMFS will also consult with the USCG if the restriction is proposed to reduce gear conflicts. If NMFS deter mines after such consultation that the restriction appears to be appropriate, NMFS will publish the proposed re striction in the FEDERAL REGISTER, to gether with a summary of the informa tion on which the restriction is based. Following a 30-day comment period, NMFS will publish a final action. (iii) The Regional Administrator may rescind any restriction if he/she deter mines that the basis for the restriction no longer exists. (iv) Any notice of restriction shall operate as a condition imposed on the permit issued to the foreign vessels in volved in the fishery. (3) TALFF. The TALFFs for the fish eries of the Northwest Atlantic Ocean are published in the FEDERAL REG ISTER. Current TALFFs are also avail able from the Regional Administrator. (4) Species definitions. The category ‘‘other finfish’’ used in TALFFs and in allocations includes all species except: (i) The other allocated species, name ly: Short-finned squid, long-finned squid, Atlantic herring, Atlantic mack erel, river herring (includes alewife, blueback herring, and hickory shad), and butterfish. (ii) The prohibited species, namely: American plaice, American shad, At lantic cod, Atlantic menhaden, Atlan tic redfish, Atlantic salmon, all mar lin, all spearfish, sailfish, swordfish, black sea bass, bluefish, croaker, had dock, ocean pout, pollock, red hake, scup, sea turtles, sharks (except dogfish), silver hake, spot, striped bass, summer flounder, tilefish, yellowtail flounder, weakfish, white hake, win dowpane flounder, winter flounder, witch flounder, Continental Shelf fish ery resources, and other invertebrates (except nonallocated squids). (5) Closures. The taking of any species for which a Nation has an allocation is permitted, provided that: (i) The vessels of the foreign nation have not caught the allocation of that Nation for any species or species group (e.g., ‘‘other finfish’’). When vessels of a foreign nation have caught an appli cable allocation of any species, all fur ther fishing other than scouting, proc essing, or support by vessels of that Nation must cease, even if other allo cations have not been reached. There fore, it is essential that foreign nations plan their fishing strategy to ensure that the reaching of an allocation for one species does not result in the pre mature closing of a Nation’s fishery for other allocated species. (ii) The fishery has not been closed for other reasons under § 600.511. (6) Allocation utilization. Foreign fish ing vessels may elect to retain or dis card allocated species; however, the computation of allocation utilization and fee refunds will be based on the total quantity of that species that was caught. Prohibited species must always be returned to the sea as required under § 600.509. (c) Fishing areas. For the purposes of the Northwest Atlantic Ocean fishery, fishing areas are that portion of the EEZ shown inside the boundaries of the ‘‘three digit statistical areas’’ de scribed in Figure 1 to this section. 98 50 CFR Ch. VI (10–1–22 Edition) § 600.525 [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998] § 600.525 Applicability of subpart F to Canadian Albacore Fishing Vessels off the West Coast. Fishing by vessels of Canada under the 1981 Treaty Between the Govern ment of the United States of America and the Government of Canada on Pa cific Coast Albacore Tuna Vessels and Port Privileges is regulated only under this section and § 600.530 of this subpart F, and is exempt from any other re quirements of this subpart F. Regula tions governing fishing by U.S. vessels in waters under the fisheries jurisdic tion of the Canada more than 12 nau tical miles from the baseline from which the territorial sea is measured 99 Fishery Conservation and Management § 600.610 are found at §§ 300.170–300.176 of chapter II of this title. [69 FR 31535, June 4, 2004] § 600.530 Pacific albacore fishery. (a) Purpose and scope. This section regulates fishing by Canadian vessels under the 1981 Treaty Between the Government of the United States of America and the Government of Can ada on Pacific Coast Albacore Tuna Vessels and Port Privileges as amended in 2002. Notwithstanding any other pro vision of this subpart F, fishing vessels of Canada may be authorized to fish in waters under the fisheries jurisdiction of the United States more than 12 nau tical miles from the baseline from which the territorial sea is measured in accordance with the Treaty and this section, pursuant to Public Law 108–219 (118 Stat. 616; 16 U.S.C. 1821 note). (b) Definitions. In addition to the defi nitions in the Magnuson-Stevens Fish ery Conservation and Management Act and § 600.10, the terms used in this sub part have the following meanings: Fishing under the Treaty as amended in 2002 means to engage in fishing for al bacore tuna in waters under the fish eries jurisdiction of the United States seaward of 12 nautical miles from the baseline from which the territorial sea is measured. Regional Administrator means the Re gional Administrator, Southwest Re gion, NMFS, 501 W. Ocean Boulevard, Suite 4200, Long Beach, CA 90802–4213, or a designee. Reporting Office means the office des ignated by the Regional Administrator to take hail-in and hail-out reports from U.S. and Canadian vessel opera tors. Treaty means the 1981 Treaty Be tween the Government of the United States of America and the Government of Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges as amended in 2002. (c) Vessel list. A Canadian vessel is not eligible to fish for albacore in U.S. waters under the Treaty as amended in 2002 unless the vessel is on the list pro vided to NMFS by the Government of Canada of vessels authorized by Canada to fish under the Treaty as amended in 2002. (d) Vessel identification. A Canadian vessel fishing under the Treaty as amended in 2002 must clearly display its Canadian vessel registration num ber followed by the letter C in the same height and size as the numerals, con sistent with Canadian vessel marking requirements. (e) Hail-in reports. The operator of a Canadian Vessel eligible to fish for al bacore in U.S. waters under the Treaty as amended in 2002 must file a hail-in report with the Reporting Office at least 24 hours prior to beginning any such fishing. (f) Hail-out Reports. The operator of a Canadian vessel that has been fishing in U.S. waters under the Treaty as amended in 2002 must file a hail-out re port with the Reporting Office at least 24 hours prior to exiting from U.S. waters. (g) Prohibitions. It is prohibited for the operator of a Canadian vessel to en gage in fishing in U.S. waters if the vessel: (1) Is not on the vessel list in para graph (c) of this section; (2) Has not filed a hail-in report to advise of an intent to fish under the Treaty as amended in 2002 prior to en gaging in such fishing; or (3) Is not clearly marked in accord ance with paragraph (d) of this section. [69 FR 31535, June 4, 2004] Subpart G—Preemption of State Authority Under Section 306(b) § 600.605 General policy. It is the policy of the Secretary that preemption proceedings will be con ducted expeditiously. The administra tive law judge and counsel or other rep resentative for each party are encour aged to make every effort at each stage of the proceedings to avoid delay. § 600.610 Factual findings for Federal preemption. (a) The two factual findings for Fed eral preemption of state management authority over a fishery are: (1) The fishing in a fishery that is covered by an FMP implemented under the Magnuson-Stevens Act is engaged in predominately within the EEZ and beyond such zone.