50 CFR § 300.330-300.341 - International Fisheries Regulations - High Seas Fisheries

322 50 CFR Ch. III (10–1–18 Edition) § 300.330 600.725 and 635.71 of this title, it is un lawful for any person subject to the ju risdiction of the United States to: (a) Violate any provision of this sub part, or the conditions of any IFTP issued under this subpart; (b) Import, export or re-export fish or fish products regulated under this sub part, including imports or exports oth erwise eligible for informal filing pro cedures or the de minimis value exemp tion from filing requirements under CBP procedures, without a valid IFTP as required under § 300.322 or without submitting complete and accurate in formation as required under § 300.323; and (c) Import species listed in § 300.324(a) without a valid IFTP or without sub mitting complete and accurate infor mation as required under § 300.324(b) and (c) or without maintaining for in spection records as required under § 300.324(d) and (e). [81 FR 88998, Dec. 9, 2016] Subpart R—High Seas Fisheries AUTHORITY: 16 U.S.C. 5501 et seq. SOURCE: 80 FR 62495, Oct. 16, 2015, unless otherwise noted. Redesignated at 81 FR 51137, Aug. 3, 2016. § 300.330 Purpose. This subpart implements the High Seas Fishing Compliance Act of 1995 (Act), which requires the Secretary to license U.S. vessels fishing on the high seas and to ensure that such vessels do not operate in contravention of inter national conservation and management measures recognized by the United States. § 300.331 Definitions. In addition to the terms defined in section 300.2 and those in the Act and the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Ves sels on the High Seas, adopted by the Conference of the Food and Agriculture Organization of the United Nations on November 24, 1993 (Agreement), the terms used in this subpart have the fol lowing meanings. If a term is defined differently in section 300.2, the Act, or the Agreement, the definition in this section shall apply. Bottom fishing means fishing using gear that is likely to contact the seafloor during the normal course of fishing operations. Enhanced mobile transceiver unit (EMTU) is defined in 50 CFR 600.1500. High seas means the waters beyond the territorial sea or exclusive eco nomic zone (or the equivalent) of any Nation, to the extent that such terri torial sea or exclusive economic zone (or the equivalent) is recognized by the United States. High seas fishing permit means a per mit issued under this subpart. High seas fishing vessel means any ves sel of the United States used or in tended for use on the high seas for the purpose of the commercial exploitation of living marine resources and as a har vesting vessel, mothership, or any other support vessel directly engaged in a fishing operation. Support vessels include vessels that process or trans ship fish on the high seas; provide sup plies, personnel or fuel on the high seas to other fishing vessels; or conduct other activities in support of, or in preparation for fishing. International conservation and manage ment measures means measures to con serve or manage one or more species of living marine resources that are adopt ed and applied in accordance with the relevant rules of international law, as reflected in the 1982 United Nations Convention on the Law of the Sea, and that are recognized by the United States. Such measures may be adopted by global, regional, or sub-regional fisheries organizations, subject to the rights and obligations of their mem bers, or by treaties or other inter national agreements. Observer means any person serving in the capacity of an observer employed by NMFS, either directly or under con tract with a third party, or certified as an observer by NMFS. Office Director means the director of the NMFS Office for International Af fairs and Seafood Inspection. Regional Administrator means any one of the Directors of a NMFS regional of fice, defined under § 300.2. VerDate Sep<11>2014 13:34 Nov 01, 2018 Jkt 244244 PO 00000 Frm 00332 Fmt 8010 Sfmt 8002 Q:\50\50V11.TXT PC31kp a yn e o n V M O F R W IN 7 0 2 w ith $ $ JO B 323 Int’l. Fishing and Related Activities § 300.333 Transship or transshipment means off loading or receiving or otherwise trans ferring fish or fish products from one fishing vessel to another. Excluded from this definition is net sharing, which means the transfer of fish that have not yet been loaded on board any fishing vessel from the purse seine net of one vessel to another fishing vessel. Fish shall be considered to be on board a fishing vessel once they are on a deck or in a hold, or once they are first lift ed out of the water by the vessel. Vessel monitoring system (VMS) is de fined in 50 CFR 600.1500. § 300.332 Issuing offices. Any Regional Administrator or the Office Director may issue permits re quired under this subpart. While appli cants for permits may submit an appli cation to any Regional Administrator or the Office Director, applicants are encouraged to submit their applica tions (with envelopes marked ‘‘Attn: HSFCA Permits’’) to the Regional Ad ministrator or the Office Director with whom they normally interact on fish eries matters. § 300.333 Vessel permits. (a) Eligibility. (1) Any vessel owner or operator of a high seas fishing vessel is eligible to receive a permit for a fish ery authorized on the high seas under this subpart, unless the vessel was pre viously authorized to be used for fish ing on the high seas by a foreign na tion, and— (i) The foreign nation suspended such authorization, because the vessel un dermined the effectiveness of inter national conservation and management measures, and the suspension has not expired; or (ii) The foreign nation, within the 3 years preceding application for a per mit under this section, withdrew such authorization, because the vessel un dermined the effectiveness of inter national conservation and management measures. (2) The restrictions in paragraphs (a)(1)(i) and (ii) of this section do not apply if ownership of the vessel has changed since the vessel undermined the effectiveness of international con servation and management measures, and the new owner has provided suffi cient evidence to the Regional Admin istrator or Office Director dem onstrating that the owner and operator at the time the vessel undermined the effectiveness of such measures have no further legal, beneficial, or financial interest in, or control of, the vessel. (3) The restrictions in paragraphs (a)(1)(i) and (ii) of this section do not apply if it is determined by the Re gional Administrator or Office Director that issuing a permit would not sub vert the purposes of the Agreement. (b) Applicability. Any high seas fish ing vessel used for fishing, as defined under § 300.2, on the high seas must have on board a valid permit issued under this subpart. (c) Application. Permit application forms are available from the NMFS Web site or from any Regional Admin istrator or the Office Director. Failure to submit a complete and accurate ap plication, along with all other required documentation and the specified fee will preclude issuance of a permit. To apply for a permit under this subpart, the owner or operator of a high seas fishing vessel must submit the fol lowing to a Regional Administrator or Office Director: (1) A complete, accurate application form signed by the vessel owner or op erator. (2) Information required under this section and § 300.334(a). (3) A color photograph showing an entire bow-to-stern side-view of the vessel in its current form and appear ance. The photograph must clearly and legibly display the vessel name and identification markings. If the vessel’s form or appearance materially changes (such as the vessel is painted another color, the vessel’s identification mark ings change, or the vessel undergoes a structural modification) the vessel owner and operator must submit a new photograph of the vessel within 15 days of the change. (4) For vessels with state registration instead of U.S. Coast Guard docu mentation, the applicant must supply additional vessel information that NMFS may request. (5) The fee specified in the applica tion form. Payment by a commercial instrument later determined to be in sufficiently funded will invalidate any VerDate Sep<11>2014 13:34 Nov 01, 2018 Jkt 244244 PO 00000 Frm 00333 Fmt 8010 Sfmt 8002 Q:\50\50V11.TXT PC31kp a yn e o n V M O F R W IN 7 0 2 w ith $ $ JO B 324 50 CFR Ch. III (10–1–18 Edition) § 300.333 permit. NMFS charges this fee to re cover the administrative expenses of permit issuance, and the amount of the fee is determined in accordance with the procedures of the NOAA Finance Handbook. (d) Permit issuance and validity. (1) Ex cept as provided for in subpart D of 15 CFR part 904, and subject to para graphs (a), (c), and (d)(2) and (3) of this section, the Regional Administrator or Office Director will issue a permit, which will include applicable condi tions or restrictions, within 15 days of receipt of a completed application and payment of the appropriate fee. (2) The Regional Administrator or Of fice Director will not issue a permit unless an EMTU has been installed and activated on the vessel in accordance with § 300.337(c)(2). (3) The Regional Administrator or Of fice Director will not issue a permit unless the applicant holds a valid per mit for the subject vessel for any U.S. domestic fisheries related to the au thorized high seas fishery. (4) Except as otherwise provided, per mits issued under this subpart are valid for 5 years from the date of issuance. For a permit to remain valid to its expiration date, the vessel’s U.S. Coast Guard documentation or state registration must be kept current. A permit issued under this subpart is void when the vessel owner or the name of the vessel changes, or in the event the vessel is no longer eligible for U.S. documentation, such docu mentation is revoked or denied, or the vessel is removed from such docu mentation. (5) A permit issued under this sub part is not transferable or assignable to another vessel or owner; it is valid only for the vessel and owner to which it is issued. (e) Display. A valid permit, or a copy thereof, issued under this subpart must be on board any high seas fishing vessel while operating on the high seas and available for inspection by an author ized officer. (f) Change in application information. Any changes in vessel documentation status or other permit application in formation must be reported in writing to the Regional Administrator or Of fice Director who issued the permit within 15 days of such changes. (g) Renewal. Application for renewal of a permit prior to its expiration is the responsibility of the permit holder and may be completed per § 300.333(c). The Regional Administrator or Office Director will not consider a permit re newal application to be complete until the permit holder satisfies all required fishing activity report requirements under the permit and § 300.341. The Re gional Administrator or Office Director will not issue a renewed permit unless an EMTU has been activated on the vessel in accordance with § 300.337(c)(2) and the applicant holds a valid permit for the subject vessel for any U.S. do mestic fisheries related to the author ized high seas fishery. (h) Marine mammals and ESA-listed species. Permits issued under this sec tion do not authorize vessels or persons subject to the jurisdiction of the United States to take marine mam mals or ESA-listed species. No marine mammals or ESA-listed species may be taken in the course of fishing oper ations unless the taking is allowed under the Marine Mammal Protection Act or the Endangered Species Act (ESA), pursuant to regulations, an au thorization, or permit granted by NMFS or the U.S. Fish and Wildlife Service. (i) Permit Status Changes. NMFS may modify, suspend, or revoke a permit issued under this subpart if permitted activities may impact living marine re sources in ways that were not consid ered at the time of permit issuance; are in contravention of an international conservation and management meas ure; or violate any applicable law. NMFS will notify an affected permit holder of any potential change in per mit status by contacting the permit holder at the address of record provided on the permit application or as updated pursuant to paragraph (f) of this sub section and will provide an opportunity to respond, consistent with the Admin istrative Procedure Act and other ap plicable law. VerDate Sep<11>2014 13:34 Nov 01, 2018 Jkt 244244 PO 00000 Frm 00334 Fmt 8010 Sfmt 8002 Q:\50\50V11.TXT PC31kp a yn e o n V M O F R W IN 7 0 2 w ith $ $ JO B 325 Int’l. Fishing and Related Activities § 300.334 § 300.334 Fisheries authorized on the high seas. (a) General. When applying for a per mit under § 300.333, the owner or oper ator of a high seas fishing vessel must identify in the application the author ized fisheries in which he or she in tends to fish. More than one authorized fishery may be selected. The following fisheries are authorized on the high seas: (1) 50 CFR part 300, subpart C—East ern Pacific Tuna Fisheries. (2) 50 CFR part 300, subpart D—South Pacific Tuna Fisheries. (3) 50 CFR part 300, subpart G—Ant arctic Marine Living Resources. (4) 50 CFR part 635—Atlantic Highly Migratory Species Fisheries. (5) 50 CFR part 660, subpart K—U.S. West Coast Fisheries for Highly Migra tory Species. (6) 50 CFR part 665, subpart F—West ern Pacific Pelagic Fisheries. (7) South Pacific Albacore Troll Fish ery. (8) Northwest Atlantic Fishery. (b) Requirements for authorized fish eries. For each of the authorized fish eries specified on the high seas fishing permit, the owner or operator of the high seas fishing vessel must: (1) Abide by the regulations, set forth in other parts of this chapter and Chap ter VI, governing those authorized fish eries while operating on the high seas; (2) Obtain and renew any appropriate permits or authorizations; and (3) Notify the Regional Adminis trator or Office Director who issued the permit immediately in the event that a species listed as threatened or endan gered under the ESA is taken inci dental to the fishing activities without authorization under a relevant inci dental take statement. (c) Change in authorized fisheries. If a high seas fishing permit holder elects to change the authorized fisheries spec ified on the permit, he or she shall no tify the Regional Administrator or Of fice Director who issued the permit of the change(s) and shall obtain the un derlying permits for the authorized fisheries prior to engaging in the fish ery on the high seas. Per the process under § 300.333(d), the Regional Admin istrator or Office Director will then issue a revised high seas fishing permit which will expire 5 years from the original effective date. (d) Revision of authorized fisheries list. Through rulemaking, NMFS will add a fishery to, or delete a fishery from, the list in paragraph (a) of this section. NMFS may add or delete fisheries from the list after completing any analyses required under the Endangered Species Act, Marine Mammal Protection Act, National Environmental Policy Act, and other applicable laws. In taking such action, NMFS, in consultation with the relevant Regional Fishery Management Council(s) where appro priate, will consider, among other things, whether: (1) The proposed fishing activities would detrimentally affect the well being of the stock of any regulated spe cies of fish, marine mammal, or species listed as threatened or endangered under the Endangered Species Act; (2) The proposed fishing activities would be inconsistent with relevant fishery management plans and their implementing regulations or other ap plicable law; (3) Insufficient mechanisms exist to effectively monitor the activities of vessels engaged in the proposed fishing activities; or (4) The proposed fishing activities would contravene international con servation and management measures recognized by the United States. (e) Request for revision of authorized fisheries list. A person may submit a written request to the Office Director to add a fishery to or delete a fishery from the list. A request to delete a fishery from the list of authorized fish eries must include the name of the fishery; information that addresses considerations under paragraph (d) of this section; and, if requested by NMFS, any additional information nec essary for NMFS to conduct analyses required under applicable laws. A re quest to add a fishery to the list of au thorized fisheries must include the fol lowing information: (1) The species (target and inci dental) expected to be harvested and the anticipated amounts of such har vest and bycatch; (2) The approximate times and places when fishing is expected to take place, VerDate Sep<11>2014 13:34 Nov 01, 2018 Jkt 244244 PO 00000 Frm 00335 Fmt 8010 Sfmt 8002 Q:\50\50V11.TXT PC31kp a yn e o n V M O F R W IN 7 0 2 w ith $ $ JO B 326 50 CFR Ch. III (10–1–18 Edition) § 300.335 the number and type of vessels ex pected to participate, and the type, size, and amount of gear expected to be used; (3) A description of the specific area that may be affected by the fishing ac tivities; (4) A description of any anticipated impacts on the environment, including impacts on fisheries, marine mammals, and species listed as threatened or en dangered under the ESA or their crit ical habitat; (5) Other information that addresses considerations under paragraph (d) of this section; and (6) If requested by NMFS, any addi tional information necessary for NMFS to conduct analyses required under ap plicable laws. (7) Once all required information is received to proceed with consideration of a request, NMFS will publish in the FEDERAL REGISTER a proposed rule, noting receipt of the request to add an authorized fishery, and inviting infor mation and comments. Relevant infor mation received during the comment period may be considered by NMFS and, where appropriate, the relevant Regional Fishery Management Coun cil(s), in analyzing potential environ mental impacts of the fisheries and de veloping any conditions or restrictions. Based on its analysis, considerations under paragraph (d) of this section, and other relevant considerations, NMFS will publish its decision on the request in the FEDERAL REGISTER. (f) Deletion of a fishery from the au thorized fisheries list. NMFS will delete (i.e., deauthorize) a fishery under para graph (d) or (e) of this section through publication of a final rule. NMFS will also provide notice to affected permit holders by email and by Registered Mail at the addresses provided to NMFS in the high seas permit applica tion. When a fishery is deleted from the list, any activities on the high seas re lated to that fishery are prohibited as of the effective date of the final rule. In addition, the high seas permit will be voided unless the permit holder no tifies NMFS that he or she elects to change to another authorized high seas fishery or continue in any other au thorized fisheries noted on the permit. Once the applicant so notifies NMFS and, if necessary, secures any under lying permits necessary for participa tion in another authorized high seas fishery, the Regional Administrator or Office Director will then issue a revised high seas fishing permit per the process under § 300.333(d). The revised permit will expire 5 years from the original ef fective date. § 300.335 Bottom fishing. (a) Bottom fishing may be permitted on the high seas when authorized by international conservation and man agement measures recognized by the United States. For bottom fishing ac tivity not subject to international con servation measures recognized by the United States, a person who seeks to engage in such fishing must request au thorization of a new high seas fishery as described in § 300.334(e) and then, if the fishery is authorized, must obtain all applicable permits including a high seas fishing permit issued under § 300.333. NMFS may specify conditions and restrictions in the permit to miti gate adverse impacts on VMEs, which may include the types of conditions that have been adopted in relevant RFMO measures recognized by the United States. (b) Permit. To be permitted under this section, the owner or operator of a high seas fishing vessel must follow the pro cedures under § 300.334(e) or, if he or she seeks to change an existing permit, must follow the procedures under § 300.334(c). § 300.336 Vessel identification. (a) General. A vessel permitted under this subpart must be marked for identi fication purposes in accordance with this section. (b) Marking. Vessels must be marked either: (1) In accordance with vessel identi fication requirements specified in Fed eral fishery regulations issued under the Magnuson-Stevens Act or under other Federal fishery management statutes; or (2) In accordance with the following identification requirements: (i) A vessel must be marked with its international radio call sign (IRCS) or, if not assigned an IRCS, must be marked (in order of priority) with its VerDate Sep<11>2014 13:34 Nov 01, 2018 Jkt 244244 PO 00000 Frm 00336 Fmt 8010 Sfmt 8002 Q:\50\50V11.TXT PC31kp a yn e o n V M O F R W IN 7 0 2 w ith $ $ JO B 327 Int’l. Fishing and Related Activities § 300.337 Federal, state, or other documentation number appearing on its high seas fish ing permit and, if a WCPFC Area En dorsement has been issued for the ves sel under § 300.212, that documentation number must be preceded by the char acters ‘‘USA’’ and a hyphen (that is, ‘‘USA-’’); (ii) The markings must be displayed at all times on the vessel’s side or su perstructure, port and starboard, as well as on a deck; (iii) The markings must be placed so that they do not extend below the wa terline, are not obscured by fishing gear, whether stowed or in use, and are clear of flow from scuppers or over board discharges that might damage or discolor the markings; (iv) Block lettering and numbering must be used; (v) The height of the letters and numbers must be in proportion to the size of the vessel as follows: for vessels 25 meters (m) and over in length over all, the height of letters and numbers must be no less than 1.0 m; for vessels 20 m but less than 25 m in length over all, the height of letters and numbers must be no less than 0.8 m; for vessels 15 m but less than 20 m in length over all, the height of letters and numbers must be no less than 0.6 m; for vessels 12 m but less than 15 m in length over all, the height of letters and numbers must be no less than 0.4 m; for vessels 5 m but less than 12 m in length over all, the height of letters and numbers must be no less than 0.3 m; and for ves sels under 5 m in length overall, the height of letters and numbers must be no less than 0.1 m; (vi) The height of the letters and numbers to be placed on decks must be no less than 0.3 m; (vii) The length of the hyphen(s), if any, must be half the height (h) of the letters and numbers; (viii) The width of the stroke for all letters, numbers, and hyphens must be h/6; (ix) The space between letters and/or numbers must not exceed h/4 nor be less than h/6; (x) The space between adjacent let ters having sloping sides must not ex ceed h/8 nor be less than h/10; (xi) The marks must be white on a black background, or black on a white background; (xii) The background must extend to provide a border around the mark of no less than h/6; and (xiii) The marks and the background must be maintained in good condition at all times. § 300.337 Requirements for Enhanced Mobile Transceiver Units (EMTUs). (a) Vessel position information. The owner or operator of a vessel issued a permit under this subpart, or for which such permit is required, must have in stalled on board the vessel a NMFS type-approved enhanced mobile trans ceiver unit (EMTU). The operator or owner of the vessel must ensure that the EMTU is operational and properly reporting positions to NMFS as re quired by this section, except when ex empt under paragraph (d)(1) or (2) of this section. If the vessel is also sub ject to EMTU requirements in other parts of this title, the more restrictive requirements apply. (b) Contact information and business hours. With respect to the require ments in this section, vessel owners and operators should consult with the divisional office of the NOAA Office of Law Enforcement (OLE) in, or nearest, the Region issuing the permit under this subpart. The OLE VMS Helpdesk in OLE headquarters office may also be contacted. (c) EMTU installation and activation— (1) EMTU installation. The vessel owner or operator shall obtain and have in stalled on the fishing vessel, by a quali fied marine electrician and in accord ance with any instructions provided by the VMS Helpdesk or OLE divisional office, a NMFS type-approved EMTU. OLE is authorized to receive and relay transmissions from the EMTU. The vessel owner and operator shall ar range for a type-approved mobile com munications service to receive and transmit position reports and email communications from the EMTU to OLE. NMFS makes available lists of type-approved EMTUs and mobile com munications service providers. Vessel owners must ensure that the EMTU and communications service hardware VerDate Sep<11>2014 13:34 Nov 01, 2018 Jkt 244244 PO 00000 Frm 00337 Fmt 8010 Sfmt 8002 Q:\50\50V11.TXT PC31kp a yn e o n V M O F R W IN 7 0 2 w ith $ $ JO B 328 50 CFR Ch. III (10–1–18 Edition) § 300.337 purchased is type-approved for all fish eries and regions in which their vessel will be operating. (2) EMTU activation. When an EMTU is installed or reinstalled or the mobile communications service provider changes, or if directed by OLE, the ves sel owner and operator shall, prior to leaving port: (i) Turn on the EMTU to make it operational; (ii) Submit a VMS Installation and Activation Certification form, or an activation report as directed by OLE, to the OLE divisional office within or nearest to the region issuing the per mit under this subpart; and (iii) Receive confirmation from OLE that transmissions are being received properly from the EMTU. (d) EMTU operation. Unless otherwise provided below, and subject to more re strictive requirements where applica ble, the vessel owner or operator shall continuously operate the EMTU so that it automatically transmits posi tion information to OLE, once every hour or as directed by OLE. (1) In-port exemption: The EMTU may be powered down when the vessel will remain at a dock or permanent mooring for more than 72 consecutive hours and after the notice required in paragraph (d)(3) of this section is sub mitted to OLE. When powering up the EMTU after the in-port exemption, the vessel owner or operator must submit the report required in paragraph (d)(4) of this section at least 2 hours before leaving port or mooring. (2) Long-term exemption: The EMTU may be powered down if the vessel will not operate on the high seas, or in any fishery that requires EMTU operation, for more than 30 consecutive days and after the notice required in paragraph (d)(3) of this section is submitted. When powering up the EMTU from the long-term exemption, the vessel owner or operator must submit the report re quired in paragraph (d)(4) of this sec tion. (3) Prior to each power-down of the EMTU, under paragraph (d)(1) or (2) of this section, the vessel owner or oper ator must report to the OLE divisional office in, or nearest, the Region issuing the permit under this subpart during business hours, via email or other means as directed by OLE: the vessel’s name; the vessel’s official number; the intent to power down the EMTU; the reason for power-down; the port where the vessel is docked or area where it will be operating; and the full name, telephone, and email contact informa tion for the vessel owner or operator. (4) When powering up the EMTU, the vessel owner or operator must report to the OLE divisional office in, or near est, the Region issuing the permit under this subpart during business hours, via email or other means as di rected by OLE: The fact that the EMTU has been powered up; the ves sel’s name; the vessel’s official number; port name; intended fishery; and full name, telephone, and email contact in formation for the vessel owner or oper ator. (5) If the EMTU is powered up after a long-term or in-port exemption, the vessel owner must receive confirma tion from the OLE divisional office in, or nearest, the Region issuing the per mit under this subpart that EMTU transmissions are being received prop erly before leaving port, entering the high seas, or entering a fishery that re quires EMTU operation. (e) Failure of EMTU. If the vessel owner or operator becomes aware that the EMTU has become inoperable or that transmission of automatic posi tion reports from the EMTU has been interrupted, or if notified by OLE or the U.S. Coast Guard that automatic position reports are not being received from the EMTU or that an inspection of the EMTU has revealed a problem with the performance of the EMTU, the vessel owner or operator shall comply with the following requirements: (1) If the vessel is in port, the vessel owner or operator shall repair or re place the EMTU and comply with the requirements in paragraph (c)(2) of this section before the vessel leaves port. (2) If the vessel is at sea, the vessel owner, operator, or designee shall con tact the OLE divisional office in, or nearest, the Region issuing the permit under this subpart by telephone or email at the earliest opportunity dur ing business hours and identify the caller, vessel name, vessel location, and the type of fishing permit(s). The VerDate Sep<11>2014 13:34 Nov 01, 2018 Jkt 244244 PO 00000 Frm 00338 Fmt 8010 Sfmt 8002 Q:\50\50V11.TXT PC31kp a yn e o n V M O F R W IN 7 0 2 w ith $ $ JO B 329 Int’l. Fishing and Related Activities § 300.338 vessel operator shall follow the in structions provided by the OLE divi sional office, which could include: Ceasing fishing, stowing fishing gear, returning to port, or submitting peri odic position reports at specified inter vals by other means. The vessel owner or operator must repair or replace the EMTU and comply with the require ments in paragraph (c)(2) of this sec tion within 30 days or before the vessel leaves port, whichever is sooner. (f) Related VMS requirements. Unless specified otherwise in the high seas fishing permit, a vessel owner’s and op erator’s compliance with requirements in part 300, 635, 660, or 665 of this title relating to the installation, carrying, and operation of EMTUs will satisfy the requirements of this section, if the requirements are the same or more re strictive than those in this section and provided that: (1) On the high seas, the EMTU is op erated continuously and position infor mation is automatically transmitted a minimum of once every hour; (2) The EMTU is type-approved by NMFS; (3) OLE is authorized to receive and relay transmissions from the EMTU; and (4) The requirements of paragraph (d) of this section are complied with. If the EMTU is owned by NMFS, the require ment under paragraph (e) of this sec tion to repair or replace the EMTU will be the responsibility of NMFS, but the vessel owner and operator shall be re sponsible for ensuring that the EMTU complies with the requirements speci fied in paragraph (c)(2) of this section before the vessel leaves port. (g) Costs. The vessel owner and oper ator shall be responsible for all costs associated with the purchase, installa tion, operation, and maintenance of the EMTU and for all charges levied by vendors as necessary to ensure the transmission of automatic position re ports to OLE as required in paragraph (c) of this section. However, if the EMTU is being carried and operated in compliance with the requirements in part 300, 635, 660, or 665 of this title re lating to the installation, carrying, and operation of EMTUs, the vessel owner and operator shall not be respon sible for any costs that are the respon sibility of NMFS under those regula tions. (h) Tampering. The vessel owner and operator shall ensure that the EMTU is not tampered with, disabled, destroyed, damaged or operated improperly, and that its operation is not impeded or interfered with. (i) Inspection. The vessel owner and operator shall make the EMTU, includ ing its antenna, connectors and an tenna cable, available for inspection by authorized officers or by officers con ducting boarding and inspection under a scheme adopted by an RFMO of which the United States is a member. (j) Access to data. As required under fishery-specific regulations in other parts of this title, the vessel owner and operator shall make the vessel’s posi tion data, obtained from the EMTU or other means, available to authorized officers and to any inspector con ducting a high seas boarding and in spection pursuant to a scheme adopted by an RFMO of which the United States is a member. (k) Communication devices. In cases of EMTU failure as specified under para graph (e) of this section, and to facili tate communication with management and enforcement authorities regarding the functioning of the EMTU and other purposes, the vessel operator shall, while the vessel is at sea, carry on board and continuously monitor a two way communication device, in addition to the EMTU, that is capable of real time communication with the OLE di visional office in, or nearest, the Re gion issuing the permit under this sub part. § 300.338 Observers. (a) Where observer coverage is not otherwise required by other regula tions or relevant RFMO conservation and management measures, NMFS may select for at-sea observer coverage any vessel that has been issued a high seas fishing permit. A vessel so selected by NMFS must carry an observer when di rected to do so. (b) NMFS will contact a vessel owner, in writing, when his or her ves sel is selected for observer coverage under this section. (c) A vessel shall not fish on the high seas without taking an observer if VerDate Sep<11>2014 13:34 Nov 01, 2018 Jkt 244244 PO 00000 Frm 00339 Fmt 8010 Sfmt 8002 Q:\50\50V11.TXT PC31kp a yn e o n V M O F R W IN 7 0 2 w ith $ $ JO B 330 50 CFR Ch. III (10–1–18 Edition) § 300.339 NMFS contacted the vessel owner under paragraph (b) of this section, or if so required as a condition of a permit issued under this subpart or pursuant to other legal authorities, unless the requirement to carry an observer has been waived under paragraph (d) of this section. (d) The vessel owner that NMFS con tacts under paragraph (b) of this sec tion must notify NMFS of his or her next fishing trip that may take place on the high seas before commencing the fishing trip. NMFS will specify the notification procedures and informa tion requirements, such as expected gear deployment, trip duration and fishing area, in its selection letter. Once notified of a trip by the vessel owner, NMFS will assign an observer for that trip or notify the vessel owner that coverage pursuant to this subpart is not required, given the existing re quirement for observer coverage under other legal authorities. (e) The owner, operator, and crew of a vessel on which a NMFS-approved ob server is assigned must comply with safety regulations at §§ 600.725 and 600.746 of this title and— (1) Facilitate the safe embarkation and debarkation of the observer. (2) Provide the observer with accom modations, food, and amenities that are equivalent of those provided to ves sel officers. (3) Allow the observer access to all areas of the vessel necessary to con duct observer duties. (4) Allow the observer free and unob structed access to the vessel’s bridge, working decks, holding bins, weight scales, holds, and any other space used to hold, process, weigh, or store fish. (5) Allow the observer access to EMTUs, communications equipment, and navigation equipment to verify op eration, obtain data, and use the com munication capabilities of the units for official purposes. (6) Allow the observer to inspect and copy the vessel’s log, communications logs, and any records associated with the catch and disposition of fish for that trip. (7) Provide accurate vessel locations by latitude and longitude upon request by the observer. (8) Provide access to sea turtle, ma rine mammal, sea bird, or other speci mens as requested by the observer. (9) Notify the observer in a timely fashion when commercial fishing activ ity is to begin and end. (f) The permit holder, vessel oper ator, and crew must cooperate with the observer in the performance of the ob server’s duties. (g) The permit holder, vessel oper ator, and crew must comply with other terms and conditions to ensure the ef fective deployment and use of observ ers that the Regional Administrator or Office Director imposes by written no tice. § 300.339 Transshipment on the high seas. (a) In addition to any other applica ble restrictions on transshipment, in cluding those under parts 300 and 635 of this title, the following requirements apply to transshipments, when author ized, taking place on the high seas: (1) The owner or operator of a U.S. vessel receiving or offloading fish on the high seas shall provide a notice by fax or email to the Regional Adminis trator or the Office Director at least 36 hours prior to any intended trans shipment on the high seas with the fol lowing information: the vessels off loading and receiving the trans shipment (names, official numbers, and vessel types); the location (latitude and longitude to the nearest tenth of a de gree) of transshipment; date and time that transshipment is expected to occur; and species, processed state, and quantities (in metric tons) expected to be transshipped. If another require ment for prior notice applies, the more restrictive requirement (i.e., a require ment for greater advance notice and/or more specific information regarding vessels, location etc.) must be followed. (2) U.S. high seas fishing vessels shall report transshipments on the high seas to the Regional Administrator or Of fice Director within 15 calendar days after the vessel first enters into port, using the form obtained from the Re gional Administrator or Office Direc tor. If there are applicable trans shipment reporting requirements in other parts of this title, the more re strictive requirement (e.g., a reporting VerDate Sep<11>2014 13:34 Nov 01, 2018 Jkt 244244 PO 00000 Frm 00340 Fmt 8010 Sfmt 8002 Q:\50\50V11.TXT PC31kp a yn e o n V M O F R W IN 7 0 2 w ith $ $ JO B 331 Int’l. Fishing and Related Activities § 300.341 requirement of fewer than 15 calendar days) must be followed. (b) [Reserved] § 300.340 Prohibitions. In addition to the prohibitions in § 300.4, it is unlawful for any person to: (a) Use a high seas fishing vessel on the high seas in contravention of inter national conservation and management measures. (b) Fish on the high seas unless the vessel has been issued, and has on board, a valid permit issued under § 300.333(d). (c) Fish on the high seas unless the vessel has been issued, and has on board, valid permits related to the au thorized fisheries noted on the high seas fishing permit, as required under § 300.334(b). (d) Operate a high seas fishing vessel on the high seas that is not marked in accordance with § 300.336. (e) With respect to the EMTU, (1) Fail to install, activate, or con tinuously operate a properly func tioning and type-approved EMTU as re quired in § 300.337; (2) Power-down or power-up the EMTU without following the proce dures required in § 300.337; (3) In the event of EMTU failure or interruption, fail to repair or replace an EMTU, fail to notify the appro priate OLE divisional office and follow the instructions provided, or otherwise fail to act as required in § 300.337; (4) Disable, destroy, damage or oper ate improperly an EMTU installed under § 300.337, attempt to do any of the same, or fail to ensure that its oper ation is not impeded or interfered with, as provided in § 300.337; (5) Fail to make an EMTU installed under § 300.337 or the position data ob tained from it available for inspection, as provided in § 300.337; or (6) Fail to carry on board and mon itor communication devices as required in § 300.337(l); (f) With respect to observers, (1) Fail to provide to an observer, a NMFS employee, or a designated ob server provider, information that has been requested pursuant to § 300.338 or § 600.746 of this title, or fail to allow an observer, a NMFS employee, or a des ignated observer provider to inspect any item described at § 300.338 or § 600.746 of this title; (2) Fish without an observer when the vessel is required to carry an observer pursuant to § 300.338(c); (3) Assault, oppose, harass, impede, intimidate, or interfere with an ob server; (4) Prohibit or bar by command, im pediment, threat, coercion, inter ference, or refusal of reasonable assist ance, an observer from conducting his or her duties as an observer; or (5) Tamper with or destroy samples or equipment. (g) Fail to submit a prior notice or a report of a transshipment as provided in § 300.339(b) of this title. (h) Fail to comply with reporting re quirements as provided in § 300.341. § 300.341 Reporting. (a) General. The operator of any ves sel permitted under this subpart must accurately maintain on board the ves sel a complete record of fishing activi ties, such as catch, effort, and other data and report high seas catch and ef fort information to NMFS in a manner consistent with the reporting require ments of the authorized fishery(ies) noted on the high seas permit. Reports must include: identification informa tion for vessel and operator; operator signature; crew size; whether an ob server is aboard; target species; gear used; dates, times, locations, and con ditions under which fishing was con ducted; species and amounts of fish re tained and discarded; and details of any interactions with sea turtles, marine mammals, or birds. (1) The vessel owner and operator are responsible for obtaining and com pleting the reporting forms from the Regional Administrator or Office Di rector who issued the permit holder’s high seas fishing permit. The com pleted forms must be submitted to the same Regional Administrator or Office Director or, if directed by NMFS, to a Science Center. (2) Reports must be submitted within the deadline provided for in the author ized fishery or within 15 days following the end of a fishing trip, whichever is sooner. Contact information for the Regional Administrators and Science VerDate Sep<11>2014 13:34 Nov 01, 2018 Jkt 244244 PO 00000 Frm 00341 Fmt 8010 Sfmt 8002 Q:\50\50V11.TXT PC31kp a yn e o n V M O F R W IN 7 0 2 w ith $ $ JO B 332 50 CFR Ch. III (10–1–18 Edition) § 300.341 Center Directors can be found on the NMFS Web site. (b) [Reserved] PARTS 301–399 [RESERVED] VerDate Sep<11>2014 13:34 Nov 01, 2018 Jkt 244244 PO 00000 Frm 00342 Fmt 8010 Sfmt 8010 Q:\50\50V11.TXT PC31kp a yn e o n V M O F R W IN 7 0 2 w ith $ $ JO B