50 CFR § 600.1200-600.1203 - Magnuson-Stevens Act Provisions - Shark Fin Removal, Possession, Transfer and Landing

214 50 CFR Ch. VI (10–1–22 Edition) § 600.1200 the fishery vote in favor of the Reduc tion Program is accordance with 18 U.S.C. 1861a(d)(1)(B). (k)(1) Fee payment and collection sys tem. Upon successful completion of the Referendum discussed above as author ized by Public Law 108–447 and in ac cordance with 16 U.S.C. 1861a and § 600.1012 this fee collection system es tablishes: (i) The subsector members’ obliga tion to repay the reduction loan, and (ii) The loan’s principal amount, in terest rate, and repayment term; and (iii) In accordance with §§ 600.1013 through 600.1016, implements an indus try fee system for the reduction fish ery. (2) Reduction loan amount. The reduc tion loan’s original principal amount is $2,700,000. (3) Interest accrual from inception. In terest begins accruing on the reduction loan from the date which NMFS dis burses such loan. (4) Interest rate. The reduction loan’s interest rate shall be the applicable rate which the U.S. Treasury deter mines at the end of fiscal year in which loan is disbursed plus 2 percent. (5) Repayment terms. For the purpose of determining fee rates, the reduction loan’s repayment term is 30 years from the date NMFS disburses the loan. However, fee collections shall continue indefinitely until the loan is fully re paid. (6) Reduction loan repayment. The sub sector members shall repay the reduc tion loan in accordance with § 600.1012. Both fish buyers and fish sellers are considered subsector members for pur poses of fee collection, deposit, dis bursement, and accounting in accord ance with § 600.1013. (i) Subsector members in the reduc tion fishery shall collect and pay the fee amount in accordance with § 600.1105; (ii) Subsector members in the reduc tion fishery shall deposit and disburse, as well as keep records for and submit reports about, the applicable fees in ac cordance with § 600.1014, except the re quirements under paragraphs (c) and (e) of this section. All collected fee rev enue a fish buyer collects to repay the loan identified in paragraph (c) of this section shall be made to NMFS no later than fifteen (15) calendar days fol lowing the end of each calendar month. The annual reports identified in para graph (e) of this section shall be sub mitted to NMFS by February 1 of each calendar year. (iii) The reduction loan is, in all other respects, subject to the provi sions of §§ 600.1012 through 600.1017. (l) Enforcement for failure to pay fees. The provisions and requirements of § 600.1016 (Enforcement) shall also apply to fish sellers and fish buyers subject to this fishery. [77 FR 58779, Sept. 24, 2012] Subpart N—Shark Fin Removal, Possession, Transfer and Landing SOURCE: 81 FR 42289, June 29, 2016, unless otherwise noted. § 600.1200 Purpose and scope. The regulations in this subpart im plement the Shark Conservation Act of 2010. § 600.1201 Relation to other laws. (a) Regulations pertaining to con servation and management (including record keeping and reporting) for cer tain shark fisheries are also set forth in parts 635 (for Federal Atlantic Ocean, Gulf of Mexico, and Caribbean shark fisheries), 648 (for spiny dogfish fisheries), 660 (for fisheries off West Coast states), and 665 (for fisheries in the western Pacific) of this chapter. (b) This subpart does not apply to an individual engaged in commercial fish ing for smooth dogfish (Mustelus canis) when the conditions in § 635.30(c)(5) have been met. (c) This subpart does not supersede state laws or regulations governing conservation and management of state shark fisheries in state waters. § 600.1202 Definitions. (a) In addition to the definitions in the Magnuson-Stevens Act and in § 600.10, the terms used in this subpart have the following meanings: Fin means any of the fins of a shark (including the tail) or a portion there of. Land or landing means offloading fish, or causing fish to be offloaded, 215 Fishery Conservation and Management § 600.1310 from a fishing vessel, either to another vessel or to a shore side location or fa cility, or arriving in port, or at a dock, berth, beach, seawall, or ramp to begin offloading fish. Naturally attached, with respect to a shark fin, means attached to the cor responding shark carcass through some portion of uncut skin. (b) If there is any difference between a definition in this section and in § 600.10, the definition in this section is the operative definition for the pur poses of this subpart. § 600.1203 Prohibitions. (a) It is unlawful for any person to do, or attempt to do, any of the fol lowing: (1) Remove a fin at sea. (2) To have custody, control, or pos session of a fin, aboard a fishing vessel, unless the fin is naturally attached. (3) Transfer a fin from one vessel to another vessel at sea unless the fin is naturally attached. (4) Receive a fin in a transfer from one vessel to another vessel at sea un less the fin is naturally attached. (5) Land a fin unless the fin is natu rally attached. (6) Land a shark carcass without all of its fins naturally attached. (7) Possess, purchase, offer to sell, or sell fins or shark carcasses taken, transferred, landed, or possessed in vio lation of this section. (8) When requested, fail to allow an authorized officer or any employee of NMFS designated by a Regional Ad ministrator, or by the Director of the Office of Sustainable Fisheries in the case of the Atlantic Highly Migratory Species, access to or inspection or copying of any records pertaining to the landing, sale, transfer, purchase, or other disposition of fins or shark car casses. (b) For purposes of this section, it is a rebuttable presumption that: (1) If a fin is found aboard a vessel, other than a fishing vessel, without being naturally attached, such fin was transferred in violation of this section. (2) If, after landing, the total weight of fins landed from any vessel exceeds five percent of the total weight of shark carcasses landed, such fins were taken, held, or landed in violation of this section. Subpart O—Limited Access Privilege Programs AUTHORITY: 16 U.S.C. 1801 et seq. SOURCE: 73 FR 75973, Dec. 15, 2008, unless otherwise noted. §§ 600.1300–600.1309 [Reserved] § 600.1310 New England and Gulf of Mexico Individual Fishing Quota Referenda. (a) Purpose and scope. This section es tablishes procedures and guidelines for referenda to be conducted on Individual Fishing Quota (IFQ) program proposals developed by the New England Fishery Management Council (NEFMC) and the Gulf of Mexico Fishery Management Council (GMFMC). These procedures and guidelines also apply to IFQ pro gram proposals developed by NMFS for fisheries under the jurisdiction of the NEFMC or GMFMC, except for certain provisions that only apply to a fishery management council. This section pro vides guidance on developing voter eli gibility and vote weighting, and estab lishes general procedures to ensure referenda are conducted in a fair and equitable manner. (b) Initiating IFQ referenda. (1) The NEFMC and the GMFMC shall not sub mit, and the Secretary shall not ap prove, an FMP or FMP amendment that would create an IFQ program until the IFQ program proposal, as ul timately developed, has been approved by a referendum of eligible voters. Paragraph (h) of this section provides criteria for determining the outcome of IFQ referenda. (2) To initiate a referendum on a pro posed IFQ program: (i) The relevant Council must have held public hearings on the FMP or FMP amendment in which the IFQ pro gram is proposed; (ii) The relevant Council must have considered public comments on the proposed IFQ program; (iii) The relevant Council must have selected preferred alternatives for the proposed IFQ program;