82_FR_6233 82 FR 6221 - International Affairs; Antarctic Marine Living Resources Convention Act

82 FR 6221 - International Affairs; Antarctic Marine Living Resources Convention Act

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

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

Page Range6221-6234
FR Document2017-00401

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

Federal Register, Volume 82 Issue 12 (Thursday, January 19, 2017)
[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Rules and Regulations]
[Pages 6221-6234]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00401]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 300

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


International Affairs; Antarctic Marine Living Resources 
Convention Act

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

ACTION: Final rule.

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

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

DATES: This rule is effective February 21, 2017.

FOR FURTHER INFORMATION CONTACT: Mi Ae Kim, Office of International 
Affairs and Seafood Inspection, NMFS (phone 301-427-8365, or email 
[email protected]).

SUPPLEMENTARY INFORMATION: 

Background

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

[[Page 6222]]

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

Changes From the Proposed Rule

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

Responses to Public Comments

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

CCAMLR Ecosystem Monitoring Program Sites

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

Regulatory Structure

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

Classification

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

Regulatory Flexibility Act (RFA)

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

Paperwork Reduction Act

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

[[Page 6223]]

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

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 300

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

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

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

TITLE 15: COMMERCE AND FOREIGN TRADE

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

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

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


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


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

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                            Current OMB
                                                          control number
  CFR part or section where  the information collection     (all numbers
                 requirement is located                     begin with
                                                              0648-)
------------------------------------------------------------------------
 
                                * * * * *
50 CFR:
 
                                * * * * *
300.103(b) and (c)......................................           -0194
300.104.................................................           -0194
300.105.................................................           -0194
300.106.................................................           -0194
300.107(c) and (l)......................................           -0194
300.107(k)..............................................           -0724
300.108.................................................           -0194
300.109(c)..............................................           -0194
300.110(e)..............................................           -0194
300.111.................................................           -0194
300.112.................................................           -0194
300.113(a)..............................................           -0194
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

Title 50: Wildlife and Fisheries

PART 300--INTERNATIONAL FISHERIES REGULATIONS

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

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

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

Subpart G--Antarctic Marine Living Resources

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


Sec.  300.100  Purpose and scope.

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


Sec.  300.101  Definitions.

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

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

[[Page 6224]]

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

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

[[Page 6225]]

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

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


Sec.  300.103  Scientific research.

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

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

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


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

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

[[Page 6226]]

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


Sec.  300.105  Preapproval for importation of frozen Dissostichus 
species

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

[[Page 6227]]

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


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

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

[[Page 6228]]

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


Sec.  300.107  Vessel permits and requirements.

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

[[Page 6229]]

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


Sec.  300.108  Vessel and gear identification.

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

[[Page 6230]]

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


Sec.  300.109  Initiating a new fishery.

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


Sec.  300.110  Exploratory fisheries.

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


Sec.  300.111  Scientific observers.

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

[[Page 6231]]

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

[[Page 6232]]

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


Sec.  300.112  Vessel monitoring system.

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


Sec.  300.113  CCAMLR Ecosystem Monitoring Program sites.

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

[[Page 6233]]

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


Sec.  300.114  Prohibitions.

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

[[Page 6234]]

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


Sec.  300.115  Facilitation of enforcement and inspection.

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


Sec.  300.116  Penalties.

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

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



                                                                   Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations                                          6221

                                                  export controls and the support and                     DEPARTMENT OF COMMERCE                                 States, along with 23 other countries
                                                  adherence to multilateral export control                                                                       and the European Union, are members
                                                  regimes of the government of the                        National Oceanic and Atmospheric                       of the Commission and meet annually to
                                                  eligible destination.                                   Administration                                         formulate, adopt and revise
                                                  *      *    *      *     *                                                                                     conservation measures. Article IX(6) of
                                                                                                          15 CFR Part 902                                        the Convention requires the
                                                     (d) End-use restrictions. Items                                                                             Commission to notify conservation
                                                  obtained under authorization VEU in                     50 CFR Part 300                                        measures to all members and, 180 days
                                                  China may be used only for civil end                                                                           thereafter, such measures become
                                                                                                          [Docket No. 120201087–6641–02]
                                                  uses and may not be used for any                                                                               binding. If a member objects to a
                                                  activities described in part 744 of the                 RIN 0648–BB86                                          measure within 90 days of notification,
                                                  EAR. Items obtained under                                                                                      the measure is not binding on that
                                                  authorization VEU in India may be used                  International Affairs; Antarctic Marine                member and, should that occur, Article
                                                                                                          Living Resources Convention Act                        IX(6)(d) of the Convention includes a
                                                  for either civil or military end uses and
                                                  may not be used for any activities                      AGENCY:  National Marine Fisheries                     procedure that allows other members to
                                                  described in part 744 of the EAR.                       Service (NMFS), National Oceanic and                   notify that they can no longer accept
                                                  Exports, reexports, or transfers made                   Atmospheric Administration (NOAA),                     that measure.
                                                  under authorization VEU may be made                     Commerce.                                                 The Antarctic Marine Living
                                                                                                          ACTION: Final rule.
                                                                                                                                                                 Resources Convention Act of 1984
                                                  to an end user listed in Supplement No.
                                                                                                                                                                 (AMLRCA), codified at 16 U.S.C. 2431,
                                                  7 to this part only if the items will be
                                                                                                          SUMMARY:    This final rule sets forth                 et seq., provides the statutory authority
                                                  consigned to and for use by the                                                                                for the United States to carry out its
                                                                                                          changes to the regulations that
                                                  validated end user. Eligible end-users                                                                         obligations under the Convention,
                                                                                                          implement conservation measures
                                                  who obtain items under VEU may only:                                                                           including implementation of
                                                                                                          adopted by the Commission for the
                                                  *      *    *      *     *                              Conservation of Antarctic Marine Living                Commission-adopted conservation
                                                                                                          Resources (CCAMLR or Commission).                      measures. AMLRCA section 305(a)(1)
                                                  ■ 6. Paragraph (7)(ii) of the section titled
                                                                                                          This final rule streamlines and clarifies              authorizes the Secretary of State, with
                                                  Required Information for Validated
                                                                                                          the regulations for Antarctic marine                   the concurrence of the Secretary of
                                                  End-User Authorization Requests in                                                                             Commerce and the Director of the
                                                                                                          living resources, shifts deadlines for
                                                  Supplement No. 8 to part 748 is revised                                                                        National Science Foundation, to decide
                                                                                                          advance notice of intended fishing
                                                  to read as follows:                                                                                            whether the United States is unable to
                                                                                                          activities, distinguishes between first
                                                  Supplement No. 8 to Part 748—                           receivers and dealers of Antarctic                     accept or can no longer accept a
                                                  Information Required in Requests for                    marine living resources (AMLR),                        Commission-adopted conservation
                                                  Validated End-User (VEU)                                reduces the time for advance notice of                 measure (16 U.S.C. 2434(a)(1)).
                                                  Authorization                                           imports of Dissostichus species, and                   AMLRCA also gives the Secretary of
                                                                                                          adds transshipment notification                        Commerce authority to promulgate
                                                  *      *     *       *      *                           requirements. The sections of these                    regulations as necessary and appropriate
                                                  Required Information for Validated End-User             regulations are reorganized to group                   to implement the Act. This authority
                                                  Authorization Requests                                  requirements related to the trade of                   has been delegated to the Assistant
                                                                                                          Antarctic marine living resources and                  Administrator for Fisheries (Assistant
                                                  *      *     *       *      *                                                                                  Administrator), who has implemented
                                                    (7) * * *                                             those that apply to fishing activities.
                                                                                                          Additionally, this action updates the                  Commission-adopted conservation
                                                    (ii) Understands and will abide by all                                                                       measures that are binding on the United
                                                  authorization VEU end-use restrictions,                 regulations to reflect Commission-
                                                                                                          adopted revisions to existing                          States under Article IX of the
                                                  including the requirement that items                                                                           Convention through regulations at 50
                                                  received under authorization VEU will only              conservation measures and changes
                                                                                                          made to the Antarctic Marine Living                    CFR part 300, subpart G (AMLR
                                                  be used for authorized end-uses and may not                                                                    regulations).
                                                  be used for any activities described in part            Resources Convention Act through the
                                                                                                          Illegal, Unreported, and Unregulated                      Through the ‘‘Illegal, Unreported, and
                                                  744 of the EAR;                                                                                                Unregulated Fishing Enforcement Act’’
                                                                                                          Fishing Enforcement Act of 2015.
                                                  *      *     *       *      *                                                                                  (IUU Fishing Enforcement Act), Public
                                                                                                          DATES: This rule is effective February
                                                    Dated: January 6, 2017.                                                                                      Law 114–81 (2015), Congress amended
                                                                                                          21, 2017.                                              AMLRCA section 306, 16 U.S.C. 2435,
                                                  Kevin J. Wolf,                                          FOR FURTHER INFORMATION CONTACT: Mi                    which specifies unlawful activities;
                                                  Assistant Secretary for Export                          Ae Kim, Office of International Affairs                section 307, 16 U.S.C. 2436, which
                                                  Administration.                                         and Seafood Inspection, NMFS (phone                    provides the Secretary of Commerce
                                                  [FR Doc. 2017–00439 Filed 1–18–17; 8:45 am]             301–427–8365, or email mi.ae.kim@                      authority to promulgate regulations that
                                                  BILLING CODE 3510–33–P                                  noaa.gov).                                             are necessary and appropriate to
                                                                                                          SUPPLEMENTARY INFORMATION:                             implement AMLRCA; and section
                                                                                                                                                                 308(a), 16 U.S.C. 2437(a), which
                                                                                                          Background                                             specifies the penalties available for
                                                                                                            The United States is a Contracting                   violations of the Act. Public Law 114–
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                                                                                                          Party to the Convention on the                         81 (2015), Title I, 106(1)–(2).
                                                                                                          Conservation of Antarctic Marine Living                   At each annual meeting, the
                                                                                                          Resources (Convention). Under Article                  Commission may adopt new
                                                                                                          VII of the Convention, contracting                     conservation measures or revise existing
                                                                                                          parties established and agreed to                      measures. While all conservation
                                                                                                          maintain the Commission to give effect                 measures are subject to revision at the
                                                                                                          to the Convention’s objective—                         annual meeting, some (particularly
                                                                                                          conservation of AMLR. The United                       those in the fishery regulation category)


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                                                  6222             Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations

                                                  expire after one or two fishing seasons                 ‘‘because research on the Seal Island                  commercial or exploratory fisheries
                                                  and so must be revised annually or                      CEMP site was no longer undertaken,                    such as gear, catch, and effort
                                                  biennially, to reflect management or                    Conservation Measure 91–03 should be                   restrictions and time and area closures;
                                                  monitoring needs identified during                      discontinued.’’ As a result, the                       (2) generally expires after one or two
                                                  Commission deliberations, changes in                    Commission discontinued Conservation                   fishing season(s); and (3) does not
                                                  catch limits or bycatch limits, or other                Measure 91–03 (Report of the Twenty-                   require the development of policy
                                                  considerations.                                         Sixth Meeting of the Commission:                       options or a regulatory framework. This
                                                    Through this action, NMFS                             Paragraphs 7.1 and 7.2). Similarly,                    approach will apply only to
                                                  reorganizes, streamlines, and updates                   during the 2009 meeting of the                         conservation measures that do not
                                                  the regulations that implement                          Commission, upon advice from the                       require the development of policy
                                                  AMLRCA and Commission-adopted                           Scientific Committee, the Commission                   options or a regulatory framework.
                                                  conservation measures. These revisions                  rescinded Conservation Measure 91–02                   NMFS will provide for notice-and-
                                                  incorporate regulatory changes that                     (Protection of the Cape Shirreff CEMP                  comment rulemaking when
                                                  were finalized on August 3, 2016 (80 FR                 site) to avoid duplication of effort on the            implementation of a conservation
                                                  51126) regarding the collection of trade                part of researchers, national                          measure implicates other requirements
                                                  documentation within the government-                    governments and the secretariats of                    of domestic law or when NMFS needs
                                                  wide International Trade Data System                    CCAMLR and Antarctic Treaty System                     to interpret or expand upon a
                                                  and required electronic information                     and noting that the site would continue                conservation measure.
                                                  collection. Certain sections are                        to be protected under the management                      Under this final rule, an application
                                                  rearranged so that regulations applicable               plan of an Antarctic Specially Protected               for a vessel permit must be submitted by
                                                  to the trade of AMLR are grouped                        Area (ASPA) (Report of the Twenty-                     April 1 for the fishing season that will
                                                  together while other sections that are                  Eighth Meeting of the Commission:                      commence on or after December 1 of
                                                  obsolete are removed. This action                       Paragraph 12.5). ASPAs, as well as                     that year. Therefore, as part of the vessel
                                                  removes sections that implement annual                  Antarctic Specially Managed Areas                      permit application process and through
                                                  measures which will be implemented                      (ASMAs) are designated and managed                     the permit itself once issued by NMFS,
                                                  through vessel permits if applicable to                 under the Antarctic Treaty, and                        the applicant would have notice of
                                                  the permitted fishing activities.                       CCAMLR cooperates in implementing                      applicable measures in advance of the
                                                    On July 21, 2016, NMFS published a                    these designations and management                      start of the fishing season. Moreover,
                                                  notice of proposed rulemaking for this                  plans by having Contracting Parties                    annual and biennial measures, along
                                                  action (81 FR 47325) to reorganize and                  ensure that their fishing vessels are                  with all CCAMLR conservation
                                                  update the regulations implementing                     aware of the location and relevant                     measures currently in force are updated
                                                  U.S. obligations under the Convention.                  management plan of all designated                      every year following the Commission’s
                                                  The preamble of the proposed rule (81                   ASPAs and ASMAs.                                       annual meeting and made available on
                                                  FR 47325) provides a detailed                           Regulatory Structure                                   the Commission’s Web site,
                                                  description of the changes to these                                                                            www.ccamlr.org and are, therefore,
                                                  regulations as well as NMFS’s                              Comment 2: NMFS received a                          available to all interested members of
                                                  implementation of annual or biennial                    comment from United States Seafoods,                   the public, including prospective
                                                  measures as conditions to vessel permits                LLC suggesting that NMFS consider its                  participants in CCAMLR fisheries.
                                                  instead of through regulations.                         experience on managing fisheries under                 NMFS may reconsider its approach to
                                                  Responses to public comments received                   the Magnuson-Stevens Fishery                           implementation of annual and biennial
                                                  on the proposed rule are set forth below.               Conservation and Management Act                        measures if participation by U.S. fishing
                                                                                                          (MSA) to establish a stable regulatory                 vessels in CCAMLR fisheries increases.
                                                  Changes From the Proposed Rule                          environment for U.S. vessels that intend
                                                     With the exception of minor, non-                    to fish in the CCAMLR Convention                       Classification
                                                  substantive editorial corrections, this                 Area.                                                    This rule is published under the
                                                  final rule includes no changes to the                      Response: U.S. fishing vessels have                 authority of Antarctic Marine Living
                                                  regulatory text that was published in the               not operated within the Convention                     Resources Convention Act, codified at
                                                  proposed rule.                                          Area for over a decade. For U.S. vessels               16 U.S.C. 2431 et seq.
                                                                                                          interested in fishing in the Convention
                                                  Responses to Public Comments                            Area, NMFS established procedures and                  Regulatory Flexibility Act (RFA)
                                                    NMFS received two public comments                     requirements under the AMLR                              The Chief Counsel for Regulation of
                                                  on the proposed rule which are                          regulations and, through this                          the Department of Commerce certified
                                                  addressed below.                                        rulemaking, makes improvements to                      to the Chief Counsel for Advocacy of the
                                                                                                          that regulatory framework. One                         Small Business Administration (SBA) at
                                                  CCAMLR Ecosystem Monitoring                             improvement is that, under this rule,                  the proposed rule stage that this rule is
                                                  Program Sites                                           NMFS may implement annual and                          not expected to have a significant
                                                     Comment 1: A commenter expressed                     biennial measures adopted by CCAMLR                    economic impact on a substantial
                                                  concern over the removal of the list of                 as conditions to vessel permits instead                number of small entities (81 FR 47330,
                                                  CCAMLR Ecosystem Monitoring                             of through regulations. Given the short                July 21, 2016). The factual basis for the
                                                  Program (CEMP) sites from the                           time period between the adoption of                    certification was published in the
                                                  regulations.                                            new measures by CCAMLR in the fall                     proposed rule and is not repeated here.
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                                                     Response: This final rule removes the                and the start of the fishing season on                 No comments were received regarding
                                                  list of CEMP sites because these sites                  December 1, this approach will make                    this certification. As a result, a
                                                  (Seal Islands, South Shetland Islands                   the regulatory process more efficient for              regulatory flexibility analysis is not
                                                  and Cape Shirreff and the San Telmo                     U.S. vessels and NMFS.                                 required and none has been prepared.
                                                  Islands) are no longer protected under                     Section 300.101 of the rule defines
                                                  CCAMLR conservation measures. The                       ‘‘annual or biennial measure’’ as a                    Paperwork Reduction Act
                                                  Scientific Committee advised during the                 conservation measure that: (1) Applies                   This rule contains a Paperwork
                                                  2007 meeting of the Commission that:                    to the operation of the Convention’s                   Reduction Act (PRA) collection-of-


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                                                                   Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations                                                                          6223

                                                  information approved by the Office of                   ■ 2. In § 902.1, the table in paragraph (b)                       300.110 Exploratory fisheries.
                                                  Management and Budget (OMB) under                       under ‘‘50 CFR’’ is amended by                                    300.111 Scientific observers.
                                                  control number 0648–0194. The table                     removing the entries for 300.103(a),                              300.112 Vessel monitoring system.
                                                  appearing at 15 CFR part 902 is updated                                                                                   300.113 CCAMLR Ecosystem Monitoring
                                                                                                          300.104(d), 300.104(e), 300.105(c),
                                                                                                                                                                                Program sites.
                                                  to reflect the reorganization of                        300.106(e), 300.107, 300.108(a),                                  300.114 Prohibitions.
                                                  regulations under this final rule. The                  300.108(a), 300.108(c), 300.112, and                              300.115 Facilitation of enforcement and
                                                  current, approved collection of                         300.113 and adding entries in numeric                                 inspection.
                                                  information includes permit                             order to read as follows:                                         300.116 Penalties.
                                                  applications (CEMP, vessel permit,
                                                  dealer permit, and pre-approval of                      § 902.1 OMB control numbers assigned                              Subpart G—Antarctic Marine Living
                                                                                                          pursuant to the Paperwork Reduction Act.
                                                  toothfish imports), vessel and gear                                                                                       Resources
                                                  marking requirements, installation of                   *        *    *           *        *
                                                  and reporting through a vessel                               (b) * * *                                                      Authority: 16 U.S.C. 2431 et seq., 31
                                                  monitoring unit, import tickets, and                                                                                      U.S.C. 9701 et seq.
                                                  other items.                                                                                             Current OMB
                                                                                                              CFR part or section where                   control number    § 300.100         Purpose and scope.
                                                     This rule also contains a new PRA                        the information collection                   (all numbers
                                                  collection-of-information that requires                       requirement is located                      begin with     (a) This subpart implements the
                                                  advance notification of transshipments                                                                       0648–)   Antarctic Marine Living Resources
                                                  of AMLRs, bait, fuel, or other goods and                                                                              Convention Act of 1984 (AMLRCA or
                                                  materials to the CCAMLR Secretariat                                                                                   Act), 16 U.S.C. 2431 et seq.
                                                                                                           *            *             *               *          *         (b) This subpart regulates—
                                                  and submission of a confirmation of the
                                                  notification to NMFS Headquarters,                                                                                       (1) The harvesting of Antarctic marine
                                                                                                          50 CFR:
                                                  including information on the vessels                                                                                  living resources and other associated
                                                  involved in the transshipment and the                   *            *             *            *             *       activities by any person subject to the
                                                  details of the materials being                                                                                        jurisdiction of the United States or by
                                                  transshipped. The new information                       300.103(b) and (c) ................                     –0194 any vessel of the United States.
                                                  collection requirements have been                       300.104 .................................               –0194    (2) The import, export, and re-export
                                                  approved by OMB under control                           300.105 .................................               –0194 into the United States of any Antarctic
                                                  number 0648–0742.                                       300.106 .................................               –0194 marine living resource.
                                                     Notwithstanding any other provision                  300.107(c) and (l) .................                      –0194
                                                                                                          300.107(k) .............................                  –0724   § 300.101         Definitions.
                                                  of the law, no person is required to                    300.108 .................................                 –0194
                                                  respond to, and no person shall be                                                                                           In addition to the terms defined in
                                                                                                          300.109(c) .............................                  –0194   § 300.2, in the Act, and in the
                                                  subject to penalty for failure to comply                300.110(e) ............................                   –0194
                                                  with, a collection-of-information subject               300.111 .................................                 –0194   Convention on the Conservation of
                                                  to the requirements of the PRA, unless                  300.112 .................................                 –0194   Antarctic Marine Living Resources,
                                                  that collection-of-information displays a               300.113(a) ............................                   –0194   done at Canberra, Australia, May 7,
                                                  currently valid OMB control number.                                                                                       1980 (Convention) the terms used in
                                                                                                          *            *             *            *             *           this subpart have the following
                                                  List of Subjects                                                                                                          meanings for purposes of this subpart. If
                                                  15 CFR Part 902                                                                                                           a term is defined differently in § 300.2,
                                                                                                          *       *         *       *        *                              than in the Act, or Convention, the
                                                    Reporting and recordkeeping                                                                                             definition in this section shall apply.
                                                  requirements.                                           Title 50: Wildlife and Fisheries
                                                                                                                                                                               ACA means the Antarctic
                                                  50 CFR Part 300                                         PART 300—INTERNATIONAL                                            Conservation Act of 1978 (16 U.S.C.
                                                    Antarctica, Antarctic marine living                   FISHERIES REGULATIONS                                             2401, et seq.).
                                                                                                                                                                               Annual or biennial measure means a
                                                  resources, Catch documentation                          ■ 3. The authority citation for part 300                          conservation measure that:
                                                  scheme, Fisheries, Fishing,                             continues to read as follows:                                        (1) Applies to the operation of the
                                                  Intergovernmental relations, Reporting
                                                                                                            Authority: 16 U.S.C. 951 et seq., 16 U.S.C.                     Convention’s commercial or exploratory
                                                  and recordkeeping requirements.
                                                                                                          1801 et seq., 16 U.S.C. 5501 et seq., 16 U.S.C.                   fisheries such as gear, catch, and effort
                                                    Dated: January 5, 2017.                               2431 et seq., 31 U.S.C. 9701 et seq.                              restrictions and time and area closures;
                                                  Samuel D. Rauch III,                                    ■    4. Revise subpart G to read as follows:                         (2) Generally expires after one or two
                                                  Deputy Assistant Administrator for                                                                                        fishing season(s); and
                                                  Regulatory Programs, National Marine                    Subpart G—Antarctic Marine Living
                                                                                                          Resources                                                            (3) Does not require the development
                                                  Fisheries Service.                                                                                                        of policy options or a regulatory
                                                                                                          Sec.
                                                    For the reasons set out in the                                                                                          framework.
                                                                                                          300.100 Purpose and scope.
                                                  preamble, NMFS amends 15 CFR part                       300.101 Definitions.                                                 Antarctic convergence means a line
                                                  902 and 50 CFR part 300 as follows:                     300.102 Relationship to other treaties,                           joining the following points along the
                                                  TITLE 15: COMMERCE AND FOREIGN                               conventions, laws, and regulations.                          parallels of latitude and meridians of
                                                  TRADE                                                   300.103 Scientific research.                                      longitude:
                                                                                                          300.104 International Fisheries Trade
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                                                  PART 902—NOAA INFORMATION                                    Permits and AMLR first receiver permits.                                   Lat.                              Long.
                                                  COLLECTION REQUIREMENTS UNDER                           300.105 Preapproval for importation of
                                                                                                               frozen Dissostichus species.                                 50°   S   .........................   0.
                                                  THE PAPERWORK REDUCTION ACT:
                                                                                                          300.106 Catch Documentation Scheme                                50°   S   .........................   30° E.
                                                  OMB CONTROL NUMBERS                                          (CDS) documentation and other                                45°   S   .........................   30° E.
                                                                                                               requirements.                                                45°   S   .........................   80° E.
                                                  ■ 1. The authority citation for part 902                300.107 Vessel permits and requirements.                          55°   S   .........................   80° E.
                                                  continues to read as follows:                           300.108 Vessel and gear identification.                           55°   S   .........................   150° E.
                                                      Authority: 44 U.S.C. 3501 et seq.                   300.109 Initiating a new fishery.                                 60°   S   .........................   150° E.



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                                                  6224                  Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations

                                                              Lat.                           Long.                First receiver means the person who                 vessel of the United States as a scientific
                                                                                                               first receives AMLRs landed from a                     observer in accordance with § 300.111.
                                                  60° S .........................   50° W.                     vessel licensed under 50 CFR 300.107 at                   National Seafood Inspection
                                                  50° S .........................   50° W.                     a U.S. port.                                           Laboratory means the NMFS laboratory
                                                  50° S .........................   0.                            Fish means finfish, mollusks, and                   located at 3209 Frederic Street,
                                                                                                               crustaceans.                                           Pascagoula, MS 39567, telephone (228)
                                                     Antarctic marine living resources or                         Fishery means:
                                                  AMLR(s) means:                                                                                                      769–8964, email PTFReporting@
                                                                                                                  (1) One or more stocks of fish that are             noaa.gov.
                                                     (1) The populations of finfish,
                                                                                                               treated as a unit for purposes of                         Office of Law Enforcement (OLE)
                                                  mollusks, crustaceans, and all other
                                                                                                               conservation and management and that                   refers to the NOAA Office of Law
                                                  species of living organisms, including
                                                                                                               are identified on the basis of                         Enforcement.
                                                  birds, found south of the Antarctic
                                                                                                               geographical, scientific, technical,
                                                  Convergence;                                                                                                           Port-to-port means from the time the
                                                                                                               recreational, and economic
                                                     (2) All parts or products of those                                                                               vessel leaves port to the time that the
                                                                                                               characteristics.
                                                  populations and species set forth in                                                                                vessel returns to port and at all points
                                                                                                                  (2) Any fishing for such stocks.
                                                  paragraph (1) of this definition.                                                                                   in between.
                                                     Centralized Vessel Monitoring System                         Harvesting vessel means any vessel of
                                                                                                               the United States (including any boat,                    Real-time means as soon as possible,
                                                  (C–VMS) means the system operated by                                                                                but at least every hour with no more
                                                  the Secretariat of CCAMLR that receives                      ship, or other craft), that is used for,
                                                                                                               equipped to be used for, or of a type that             than a 1-hour delay.
                                                  reports of positional and other
                                                  information from satellite-linked mobile                     is normally used for harvesting.                          Recreational fishing means fishing
                                                  transceiver units located on vessels that                       Import means the physical entering or               with hook and line for personal use and
                                                  are submitted to the CCAMLR                                  bringing of a fish or fish product into                not for sale.
                                                  Secretariat, either directly from the                        any part of the geographical territory                    Re-export means any movement of a
                                                  vessel or through the relevant flag State.                   under the control of a State, except                   fish or fish product from a territory
                                                     Commission or CCAMLR means the                            where the catch is landed or                           under the control of a State, free trade
                                                  Commission for the Conservation of                           transshipped within the definitions of                 zone, or Member State of a customs
                                                  Antarctic Marine Living Resources                            landing or transshipment.                              union of import unless that State, free
                                                  established under Article VII of the                            Individual permit means a National                  trade zone, or any Member State of that
                                                  Convention.                                                  Science Foundation (NSF) permit issued                 customs union is the first place of
                                                     Convention Area means all waters                          under 45 CFR part 670; or an NSF award                 landing, in which case the movement is
                                                  south of the Antarctic Convergence.                          letter (demonstrating that the individual              an export within the definition of
                                                     Dealer means a person who imports                         has received an award from NSF to do                   export.
                                                  AMLRs into, or exports or re-exports                         research in the Antarctic); or a marine                   Seal excluder device means a barrier
                                                  AMLRs from, the United States.                               mammal permit issued under § 216.31                    within the body of a trawl comprised of
                                                     Dissostichus catch document (DCD) is                      of this chapter; or an endangered                      a metal frame, nylon mesh, or any
                                                  a document generated through                                 species permit issued under § 222.21 of                material that results in an obstruction to
                                                  CCAMLR’s electronic catch                                    this chapter.                                          seals between the mouth opening and
                                                  documentation scheme (CDS),                                     Inspection vessel means a vessel                    the cod end of the trawl. The body of
                                                  containing information relating to the                       carrying a CCAMLR inspector and                        the trawl net forward of the barrier must
                                                  harvest, landing, and transshipment of                       displaying the pennant approved by                     include an escape opening through
                                                  Dissostichus species.                                        CCAMLR to identify such vessel.                        which seals entering the trawl can
                                                     Dissostichus export document (DED)                           International observer means a                      escape.
                                                  is a document generated through the                          scientific observer operating in
                                                                                                               accordance with the CCAMLR Scheme                         Specially Validated Dissostichus
                                                  CCAMLR’s electronic CDS, containing                                                                                 Catch Document (SVDCD) means a
                                                  information relating to the export of                        of International Scientific Observation
                                                                                                               and the terms of a bilateral arrangement               Dissostichus catch document that has
                                                  Dissostichus spp.                                                                                                   been specially issued by a State to
                                                     Dissostichus re-export document                           concluded between the United States
                                                                                                               and another member of CCAMLR for the                   accompany seized or confiscated
                                                  (DRED) is a document generated
                                                                                                               placement of a U.S. national onboard a                 Dissostichus spp. offered for sale or
                                                  through CCAMLR’s electronic CDS,
                                                                                                               vessel flagged by another member of                    otherwise disposed of by the State.
                                                  containing information relating to the
                                                  re-export of Dissostichus spp.                               CCAMLR or for the placement of the                        Transship or transshipment means
                                                     Dissostichus species or Dissostichus                      national of another member of CCAMLR                   the transfer of fish or fish products,
                                                  spp. means Patagonian toothfish and                          onboard a vessel of the United States.                 other AMLRs, or any other goods or
                                                  Antarctic toothfish, and any parts or                           Land or Landing means to begin                      materials directly from one vessel to
                                                  products therefrom.                                          offloading any fish, to arrive in port                 another. However, for purposes of catch
                                                     Enhanced mobile transceiver unit or                       with the intention of offloading any fish,             documentation as provided for in
                                                  EMTU means a transceiver or                                  or to cause any fish to be offloaded.                  § 300.106, transship or transshipment
                                                  communication device, including all                          However, for purposes of catch                         means the transfer of Dissostichus spp.
                                                  hardware and software, carried and                           documentation as provided for in                       that has not been previously landed,
                                                  operated on a vessel as part of a vessel                     § 300.106, land or landing means the                   from one vessel directly to another,
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  monitoring system.                                           initial unloading or transfer of                       either at sea or in port.
                                                     Export means any movement of fish                         Dissostichus spp. in any form from a                      Vessel Monitoring System (VMS)
                                                  or fish product from a territory under                       vessel to dockside even if such fish are               means a system that uses satellite-linked
                                                  the control of the State or free trade                       subsequently transferred to a container                EMTUs installed on vessels to allow a
                                                  zone of landing, or, where that State or                     or to another vessel in a port or free                 flag State or other entity to receive
                                                  free trade zone forms part of a customs                      trade zone.                                            automatic transmission of positional
                                                  union, any other Member State of that                           National observer means a U.S.                      and other information related to vessel
                                                  customs union.                                               national placed and operating onboard a                activity.


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                                                                          Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations                                                                            6225

                                                  § 300.102 Relationship to other treaties,                                  Act (APA) rulemaking requirements at 5                                § 300.103   Scientific research.
                                                  conventions, laws, and regulations.                                        U.S.C. 553(b)–(d):                                                      (a) This section applies to any person,
                                                    (a) Other conventions and treaties to                                      (1) The foreign affairs function                                    using a vessel for research purposes,
                                                  which the United States is a party and                                     exception of the APA, 5 U.S.C.                                        who intends to catch more than 1 tonne
                                                  other Federal statutes and implementing                                    553(a)(1); or                                                         of finfish or krill or use gear other than
                                                  regulations may impose additional                                            (2) The exception under subsection                                  longline, trawl, or pot to catch
                                                  restrictions on the harvesting and                                         307(b) of AMLRCA, 16 U.S.C. 2436(b),                                  Dissostichus spp.
                                                  importation into the United States of                                      that provides that, notwithstanding 5                                   (b) Any person planning to use a
                                                  AMLRs.                                                                     U.S.C. 553(b)–(d), NMFS may publish in                                vessel for research purposes, when the
                                                                                                                             the Federal Register a final regulation to                            estimated research catch is expected to
                                                    (b) The ACA implements the
                                                                                                                             implement any CCAMLR-adopted                                          be less than 50 tonnes of finfish in a
                                                  Antarctic Treaty Agreed Measures for
                                                                                                                             conservation measure—                                                 season, and no more than the amounts
                                                  the Conservation of Antarctic Fauna and
                                                                                                                                                                                                   specified in Table 1, must notify the
                                                  Flora (12 U.S.T. 794). The ACA and its                                       (i) That has been in effect for 12                                  Assistant Administrator at least 2
                                                  implementing regulations (45 CFR part                                      months or less, beginning on the date                                 months in advance of the planned
                                                  670) apply to certain defined activities                                   that the Commission notifies the United                               research using the CCAMLR Format for
                                                  of U.S. citizens south of 60° S. lat.                                      States of the conservation measure                                    Notification of Research Vessel Activity,
                                                    (c) The Marine Mammal Protection                                         under Article IX of the Convention; and                               Format 1. A copy of the format is
                                                  Act of 1972 (16 U.S.C. 1361 et seq.), the                                    (ii) With respect to which the                                      available from NMFS Headquarters. The
                                                  Endangered Species Act of 1973 (16                                         Secretary of State does not notify the                                format requires:
                                                  U.S.C. 1531 et seq.), the Migratory Bird                                   Commission in accordance with section                                   (1) Name and registration number of
                                                  Treaty Act (16 U.S.C. 701 et seq.), and                                    305(a)(1) of AMLRCA within the time                                   vessel;
                                                  their implementing regulations also                                        period allotted for objections under                                    (2) Division and subarea in which
                                                  apply to the harvesting and importation                                    Article IX of the Convention.                                         research is to be carried out;
                                                  of AMLRs.                                                                    (e) Annual or biennial measures.                                      (3) Estimated dates of entering and
                                                    (d) Rule making exceptions. When                                         NMFS may implement annual or                                          leaving the Convention Area;
                                                  implementing conservation measures                                         biennial measures adopted by CCAMLR                                     (4) Purposes of research; and
                                                  adopted and notified by CCAMLR,                                            as conditions to vessel permits issued                                  (5) Fishing equipment to be used
                                                  NMFS may apply the following                                               under section 300.107, instead of                                     (bottom trawl, midwater trawl, longline,
                                                  exceptions to Administrative Procedure                                     through rulemaking.                                                   crab pots, other).

                                                                              TABLE 1—TAXA-SPECIFIC THRESHOLDS FOR NOTIFICATION OF RESEARCH VESSEL ACTIVITY
                                                                                        Taxon                                                            Gear type                                             Expected catch

                                                  Thresholds for finfish taxa:
                                                      Dissostichus spp ........................................................             Longline ..............................       5 tonnes.
                                                                                                                                            Trawl ...................................     5 tonnes.
                                                                                                                                            Pot ......................................    5 tonnes.
                                                                                                                                            Other ..................................      0 tonnes.
                                                      Champsocephalus gunnari ........................................                      All .......................................   10 tonnes.
                                                  Thresholds for non-finfish taxa:
                                                      Krill .............................................................................   All .......................................   0.1 percent of the catch limit for a given area.
                                                      Squid.
                                                      Crabs.



                                                    (c) Any person planning to use any                                          (5) Description of the research                                      (f) Catch, effort, and biological data
                                                  vessel for research purposes, when the                                     capability; and                                                       resulting from the research must be
                                                  estimated research catch is expected to                                       (6) Description of the reporting for                               reported using the reporting format for
                                                  be more than 50 tonnes or greater than                                     evaluation and review.                                                research vessels in accordance with
                                                  the amounts specified in Table 1 must                                         (d) Where the expected catch is more                               relevant conservation measures, with a
                                                  report the details of the research plan to                                 than 50 tonnes of fish or greater than the                            copy to NMFS Headquarters.
                                                  NMFS using CCAMLR Format 2 for                                             amounts specified in Table 1, the
                                                  Notification of Research Vessel Activity.                                                                                                        § 300.104 International Fisheries Trade
                                                                                                                             planned fishing for research purposes                                 Permits and AMLR first receiver permits.
                                                  The format must be submitted to                                            shall not proceed until the Assistant
                                                  Assistant Administrator at least 7                                         Administrator authorizes the person in                                   (a) General. (1) A person may import,
                                                  months in advance of the planned start                                     writing that he or she may proceed.                                   export, or re-export AMLR into the
                                                  date for the research. A copy of the                                       Such authorization may be provided                                    United States only under a NMFS-
                                                  format is available from NMFS                                              after completion of review of the                                     issued International Fisheries Trade
                                                  Headquarters. The format requires:                                         scientific research plan by the CCAMLR                                Permit (IFTP). For AMLRs to be released
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                    (1) Description of the main objective                                    Scientific Committee and Commission.                                  for entry into the United States, the
                                                  of the research;                                                              (e) A summary of the results of any                                product must be accompanied by a
                                                                                                                             research subject to these provisions                                  vessel permit, individual permit, AMLR
                                                    (2) Description of the fishery                                                                                                                 first receiver permit, or IFTP.
                                                  operations;                                                                must be provided to the Assistant
                                                                                                                             Administrator within 150 days of the                                     (2) All shipments of Dissostichus spp.
                                                    (3) Description of the survey design,                                    completion of the research and a full                                 must also be accompanied by accurate,
                                                  data collection, and analysis;                                             report must be provided within 11                                     complete and valid CDS documentation
                                                    (4) Proposed catch limit;                                                months.                                                               (including all required validations and


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                                                  6226             Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations

                                                  DEDs/DREDs) as described in § 300.106,                     (6) Changes in information submitted                7501 entry number, a complete and
                                                  and, in the case of shipments of frozen                 by permit applicants or permit holders:                accurate application must be received
                                                  Dissostichus species, a preapproval                        (i) Changes in pending applications.                by NMFS for each preapproval
                                                  certificate issued under § 300.105, as                  Applicants for an AMLR first receiver                  certificate at least 10 working days
                                                  well as verifiable information that the                 permit must report any change in the                   before the anticipated date of the
                                                  harvesting vessel was reporting to C–                   information contained in the                           importation. Dealers must supply the
                                                  VMS from port-to-port, regardless of                    application to the Assistant                           U.S. Customs 7501 entry number at least
                                                  where the fish were harvested. For                      Administrator in writing as soon as                    three working days prior to the expected
                                                  purposes of entry of Dissostichus spp.                  possible.                                              arrival of a shipment of frozen
                                                  into the United States, NMFS will only                     (ii) Changes occurring after permit                 Dissostichus species at a U.S. port.
                                                  accept electronic CDS documents                         issuance. An AMLR first receiver permit                   (c) Fees. A person must include the
                                                  described in § 300.106.                                 holder must report any change to                       processing fee with each preapproval
                                                     (3) Imports of fresh or frozen                       information previously submitted to the                certificate application. NMFS will
                                                  Dissostichus spp. accompanied by an                     Assistant Administrator in writing                     determine the fee under the NOAA
                                                  SVDCD are prohibited.                                   within 15 days of the change. Based on                 finance handbook procedures for
                                                     (b) International Fisheries Trade                    such information, the Assistant                        calculating administrative costs of
                                                  Permit. A person intending to import,                   Administrator may revise the permit                    special products and services and user
                                                  export, or re-export AMLR must possess                  effective upon notification to the permit              fees collected for administrative
                                                  a valid IFTP issued under § 300.322 and                 holder.                                                expenses associated with processing
                                                  file required data sets electronically                     (7) Fees. NMFS may charge a fee to                  applications for preapproval certificates.
                                                  with Customs and Border Protection                      recover the administrative expenses of                    (d) Issuance. NMFS may issue a
                                                  (CBP) at the time, or in advance, of                    permit issuance. NMFS will determine                   preapproval certificate for importation
                                                  importation, exportation or re-                         the fee in accordance with the                         of a shipment of frozen Dissostichus
                                                  exportation. ‘‘Required data set’’ has the              procedures in the NOAA finance                         species if the preapproval application
                                                  same meaning as § 300.321 (see                          handbook, available from NMFS, for                     form is complete and NMFS determines
                                                  definition of ‘‘Documentation and data                  calculating administrative costs of                    that the activity proposed by the
                                                                                                          special products and services.                         applicant meets the requirements of the
                                                  sets required’’). See § 300.322 for IFTP
                                                                                                             (8) Reporting and recordkeeping                     Act and that the resources were not
                                                  application procedures and permit
                                                                                                          requirements. First receivers of AMLRs                 harvested in violation of any CCAMLR
                                                  regulations. The IFTP holder may only
                                                                                                          who have been issued, or are required                  conservation measure or in violation of
                                                  conduct those specific activities
                                                                                                          to have, a first receiver permit under                 any regulation in this subpart. No
                                                  stipulated by the IFTP.
                                                                                                          this subpart must:                                     preapproval will be issued for
                                                     (c) AMLR First Receiver Permits. (1)
                                                                                                             (i) Accurately maintain all reports and             Dissostichus species without verifiable
                                                  General. First receivers of AMLR catch                                                                         documentation that the harvesting
                                                  landed from a vessel permitted under                    records required by their first receiver
                                                                                                          permit and this subpart at their place of              vessel reported to C–VMS continuously
                                                  § 300.107 at a U.S. port of landing must                                                                       and in real-time from port-to-port,
                                                  possess an AMLR first receiver permit                   business;
                                                                                                             (ii) Maintain the original permit at                regardless of where such Dissostichus
                                                  and may only conduct those activities                                                                          species were harvested.
                                                  described in the permit. A person                       their place of business;
                                                                                                             (iii) Make their permit, and all                       (e) Duration. A preapproval certificate
                                                  issued, or required to have been issued                                                                        is valid until the Dissostichus product
                                                  a first receiver permit under this subpart              required reports and records, available
                                                                                                          for inspection upon the request of an                  specified in the preapproval application
                                                  may only receive fish from a U.S. vessel                                                                       is imported.
                                                  that has a valid vessel permit issued                   authorized officer; and
                                                                                                             (iv) Within the time specified in the                  (f) Transfer. A person may not transfer
                                                  under § 300.107 as well as a valid High                                                                        or assign a preapproval certificate.
                                                  Seas Fishing Permit issued under 50                     permit, submit a copy of such reports
                                                                                                          and records to NMFS at an address                         (g) Changes in information—(1) For
                                                  CFR part 300, subpart R.                                                                                       pending preapproval certificates,
                                                                                                          designated by NMFS.
                                                     (2) Application. Applications for the                                                                       applicants must report in writing to
                                                                                                             (d) Revision, suspension, or
                                                  AMLR first receiver permit are available                                                                       NMFS any changes in the information
                                                                                                          revocation. NMFS may revise, suspend,
                                                  from NMFS Headquarters.                                                                                        submitted in their preapproval
                                                                                                          or revoke an IFTP, or first receiver
                                                     (3) Issuance. NMFS may issue an                                                                             certificate applications. NMFS may
                                                                                                          permit, issued under this section based
                                                  AMLR first receiver permit if the permit                                                                       extend the processing period for the
                                                                                                          upon a violation of the permit, the Act,
                                                  application is complete and NMFS                                                                               application as necessary to review and
                                                                                                          or this subpart.
                                                  determines that the activity proposed by                   (e) A person may not import a marine                consider any changes.
                                                  the first receiver meets the requirements               mammal into the United States unless                      (2) Issued preapprovals. For issued
                                                  of the Act. First receivers of AMLR                     authorized and accompanied by an                       preapproval certificates, the certificate
                                                  required to have a first receiver permit                import permit issued under the Marine                  holder must report in writing to NMFS
                                                  may only receive AMLR that were                         Mammal Protection Act and/or the                       any changes to information included in
                                                  harvested in a manner consistent with                   Endangered Species Act.                                the preapproval certificate application.
                                                  CCAMLR conservation measures and                                                                               Any changes related to fish being
                                                  this subpart.                                           § 300.105 Preapproval for importation of               imported, such as harvesting vessel or
                                                     (4) Duration. Unless revoked or                      frozen Dissostichus species                            country of origin, type and quantity of
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  suspended, an AMLR first receiver                         (a) A NMFS-issued preapproval                        the fish to be imported or Convention
                                                  permit is valid from its date of issuance               certificate is required to import each                 statistical subarea from which the
                                                  to its date of expiration.                              shipment of frozen Dissostichus species.               resource was harvested, will void the
                                                     (5) Prohibition on transfer or                         (b) Application. Application forms for               preapproval certificate and the
                                                  assignment. AMLR first receiver permits                 a preapproval certificate are available                shipment may not be imported unless
                                                  are valid only for the person to whom                   from NMFS Headquarters and the                         authorized by NMFS through issuance
                                                  NMFS issued the permit and may not be                   National Seafood Inspection Laboratory.                of a revised or new preapproval
                                                  transferred or assigned.                                With the exception of the U.S. Customs                 certificate.


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                                                                   Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations                                           6227

                                                     (3) The provision of false information               persons: If catch is offloaded for                     Fishing Permit issued under 50 CFR
                                                  in a preapproval application, or the                    transshipment, the master of the                       part 300, subpart R.
                                                  failure to report a change in the                       vessel(s) to which the catch is                           (e) Import. (1) A person who imports
                                                  information contained in a preapproval                  transferred; or if catch is offloaded for              fresh Dissostichus species must hold an
                                                  application, voids the application or                   landing, the signature of both the                     IFTP issued under § 300.322. To import
                                                  preapproval as applicable.                              responsible official(s) designated by                  frozen Dissostichus species into the
                                                     (h) NMFS will not issue a preapproval                NMFS in the vessel permit and the                      United States, a person must:
                                                  certificate for any shipment of                         recipient of the catch at the port(s) of                  (i) Obtain a preapproval certificate
                                                  Dissostichus species:                                   landing; and                                           issued under § 300.105 for each
                                                     (1) Identified as originating from a                    (iii) Sign the DCD (or copies thereof),             shipment. Among the information
                                                  high seas area designated by the Food                   electronically convey by the most rapid                required on the application, applicants
                                                  and Agriculture Organization of the                     means possible each copy to NMFS and                   must provide the document number and
                                                  United Nations as Statistical Area 51 or                provide a copy to each recipient of the                export reference number on the DED or
                                                  Statistical Area 57 in the eastern and                  catch.                                                 DRED corresponding to the intended
                                                  western Indian Ocean outside and north                     (3) The master of the harvesting vessel             import shipment and, if requested by
                                                  of the Convention Area;                                 must submit the original DCD (and all                  NMFS, additional information for
                                                     (2) Determined to have been harvested                copies thereof with original signatures)               NMFS to verify that the harvesting
                                                  or transshipped in contravention of any                 to NMFS no later than 30 days after the                vessel reported to the C–VMS
                                                  CCAMLR Conservation Measure in force                    end of the fishing season for which the                continuously and in real-time, from
                                                  at the time of harvest or transshipment;                vessel permit was issued and retain                    port-to-port, regardless of where the fish
                                                     (3) Determined to have been harvested                copies of the DCD for a period of 2                    were harvested;
                                                  or transshipped by a vessel identified by               years.                                                    (ii) Ensure that the quantity of
                                                  CCAMLR as having engaged in illegal,                       (c) Transshipment vessels. (1) A U.S.
                                                  unreported and unregulated (IUU)                                                                               toothfish listed on the DED (or the
                                                                                                          vessel transshipping or attempting to
                                                  fishing; or                                                                                                    Dissostichus re-export document if
                                                                                                          transship Dissostichus species, whether
                                                     (3) Accompanied by inaccurate,                                                                              product is a re-export) matches the
                                                                                                          within or outside of the Convention
                                                  incomplete, invalid, or improperly                                                                             quantity listed on the preapproval
                                                                                                          Area, must possess a valid vessel permit
                                                  validated CDS documentation or by a                                                                            application within a variance of 10
                                                                                                          issued under § 300.107 and a valid High
                                                  SVDCD.                                                                                                         percent; and
                                                                                                          Seas Fishing Permit issued under
                                                                                                                                                                    (iii) Provide copies of the DED or
                                                  § 300.106 Catch Documentation Scheme                    subpart R of this part. The master of a
                                                                                                                                                                 DRED as needed to persons who re-
                                                  (CDS): Documentation and other                          U.S. vessel receiving Dissostichus
                                                                                                                                                                 export Dissostichus species.
                                                  requirements.                                           species by transshipment must, upon
                                                                                                                                                                    (2) Imports of fresh Dissostichus
                                                     (a) General. (1) CCAMLR CDS                          receipt of Dissostichus species, sign
                                                                                                                                                                 species do not require a preapproval
                                                  document(s) must accompany all                          each DCD provided by the master of the
                                                                                                                                                                 certificate. If the amount or value of the
                                                  shipments of Dissostichus species as                    vessel that offloads Dissostichus species.
                                                                                                             (2) Prior to landing Dissostichus                   fresh Dissostichus species to be
                                                  required in this section.                                                                                      imported is below thresholds that
                                                     (2) No shipment of Dissostichus                      species, the master of the transshipping
                                                                                                          vessel must:                                           trigger the requirement to file entry
                                                  species shall be released for entry into                                                                       documentation with U.S. Customs and
                                                  the United States unless accompanied                       (i) Obtain on each DCD (or copies
                                                                                                          thereof) the signature(s) of both the                  Border Protection via the Automated
                                                  by an accurate, complete, valid and                                                                            Commercial Environment (see
                                                  validated CCAMLR CDS document.                          responsible official(s) designated by
                                                                                                          NMFS in the vessel permit and the                      definition in § 300.321), the importer
                                                     (3) Dissostichus species shall not be
                                                                                                          recipient of the catch at the port(s) of               must complete a report of each
                                                  released for entry into the United States
                                                                                                          landing; and                                           shipment and submit the report to
                                                  unless all of the applicable requirements
                                                                                                             (ii) Sign each DCD (or copies thereof),             NMFS within 24 hours following
                                                  of the CCAMLR Conservation Measures
                                                                                                          and electronically convey by the most                  importation. Verification of the
                                                  and U.S. regulations have been met.
                                                     (b) Harvesting vessels. (1) A U.S.                   rapid means possible each copy to                      harvesting vessel’s reporting to C–VMS
                                                  vessel harvesting or attempting to                      NMFS and to the flag state(s) of the                   from port-to-port is not required for
                                                  harvest Dissostichus species, whether                   offloading vessel(s) and provide a copy                imports of fresh Dissostichus species.
                                                  within or outside of the Convention                     to each recipient of Dissostichus                         (f) Re-export. (1) To re-export
                                                  Area, must possess a valid vessel permit                species.                                               Dissostichus species, a person must
                                                  issued under § 300.107, a valid High                       (3) The master of the transshipping                 hold an IFTP issued under § 300.322
                                                  Seas Fishing Permit issued under 50                     vessel must submit all DCDs with                       and:
                                                  CFR part 300, subpart R, as well as DCD                 original signatures to NMFS no later                      (i) Submit to NMFS a complete and
                                                  issued by NMFS, which is non-                           than 30 days after offloading and retain               accurate application for a NMFS
                                                  transferable. The master of the                         copies for a period of 2 years.                        Dissostichus re-export document, and
                                                  harvesting vessel must ensure that catch                   (d) First receivers. Any person who                    (ii) Obtain validation by a responsible
                                                  and other information specified on the                  receives Dissostichus species landed by                official(s) designated by NMFS and
                                                  DCD are accurately recorded.                            a vessel at a U.S. port must hold an                   receive an electronically-generated
                                                     (2) Prior to offloading Dissostichus                 AMLR first receiver permit issued under                DRED.
                                                  species, the master of the harvesting                   § 300.104 and must sign the DCD(s)                        (2) When applying for a re-export
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  vessel must:                                            provided by the master of the vessel and               approval, a person must reference or
                                                     (i) Electronically convey, by the most               retain copies at their place of business               include the approval number issued by
                                                  rapid means possible, catch and other                   for a period of 2 years. A person issued,              NOAA, for the original validated
                                                  information to NMFS and record on the                   or required to have been issued, a first               Dissostichus import document.
                                                  DCD a confirmation number received                      receiver permit under this subpart may                    (g) Export. (1) To export U.S.-
                                                  from NMFS;                                              only receive fish from a U.S. vessel that              harvested Dissostichus species, the
                                                     (ii) Obtain on the DCD (or copies                    has a valid vessel permit issued under                 person must possess an IFTP issued
                                                  thereof) the signature(s) of the following              § 300.107 as well as a valid High Seas                 under § 300.322 and:


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                                                  6228             Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations

                                                    (i) Submit to NMFS a complete and                     or the Endangered Species Act pursuant                 ensure its stable recruitment. For this
                                                  accurate NMFS application for a DED;                    to an exemption or permit granted by                   purpose, the Convention provides that
                                                  and                                                     the appropriate agency.                                its size should not be allowed to fall
                                                    (ii) Obtain validation by a responsible                  (b) Responsibility of owners and                    below a level close to that which
                                                  official(s) designated by NMFS and                      operators. (1) The owners and operators                ensures the greatest net annual
                                                  receive an electronically-generated DED.                of vessels permitted, or required to be                increment.
                                                    (2) Any person who exports                            permitted, under this subpart are jointly                 (2) Upset the ecological relationships
                                                  Dissostichus species must include the                   and severally responsible for                          between harvested, dependent, and
                                                  original validated DED with the export                  compliance with the Act, this subpart,                 related populations of AMLRs and the
                                                  shipment.                                               and any permit issued under the Act                    restoration of depleted populations to
                                                    (h) Recordkeeping. Any person who                     and this subpart.                                      levels that will ensure stable
                                                  imports, exports or re-exports                             (2) The owners and operators of each                recruitment.
                                                  Dissostichus spp. must:                                 such vessel are responsible for the acts                  (3) Cause changes or increase the risk
                                                    (1) Retain a copy of all CDS                          of their employees and agents                          of changes in the marine ecosystem that
                                                  documents at the person’s place of                      constituting violations, regardless of                 are not potentially reversible over 2 or
                                                  business for a period of 2 years from the               whether the specific acts were                         3 decades, taking into account the state
                                                  date on the documents and provide                       authorized or forbidden by the owners                  of available knowledge of the direct and
                                                  copies as needed to NMFS; and                           or operators, and regardless of                        indirect impact of harvesting, the effects
                                                    (2) Make the IFTP and all CDS                         knowledge concerning their occurrence.                 of the introduction of alien species, the
                                                  documents and other records and                            (3) The owner of a vessel issued a                  effects of associated activities on the
                                                  reports required by this subpart                        vessel permit under this subpart must                  marine ecosystem and the effects of
                                                  available for inspection upon request of                report any sale, change in ownership, or               environmental changes, with the aim of
                                                  an authorized officer.                                  other disposition of the vessel to the                 making possible the sustained
                                                                                                          Assistant Administrator as soon as                     conservation of AMLRs.
                                                  § 300.107 Vessel permits and                                                                                      (4) Violate the Convention or any
                                                  requirements.
                                                                                                          possible but no later than 15 days after
                                                                                                          the change.                                            conservation measures in force with
                                                     (a) General. In addition to the High                    (4) The owner and operator of a                     respect to the United States under the
                                                  Seas Fishing Permit requirements at 50                  harvesting vessel issued a permit to fish              Convention. The Convention and the
                                                  CFR part 300, subpart R:                                for krill in the Convention Area using                 schedule of conservation measures in
                                                     (1) Every vessel of the United States                trawl gear must install a seal excluder                force can be found on the CCAMLR Web
                                                  that attempts to harvest or harvests any                device and may not possess onboard or                  site: www.ccamlr.org.
                                                  AMLR must have a vessel permit                          deploy trawl gear without a seal                          (e) Duration. A vessel permit is valid
                                                  authorizing the harvest issued under                    excluder device installed.                             from its date of issuance to its date of
                                                  this subpart, unless the attempt or                        (c) Application. Application forms for              expiration unless it is revoked or
                                                  harvest occurs during recreational                      vessel permits are available from NMFS                 suspended.
                                                  fishing or is covered by an individual                  Headquarters.                                             (f) Transfer. Permits are not
                                                  permit. Boats launched from a vessel                       (1) A separate, fully completed and                 transferable or assignable. A permit is
                                                  issued a vessel permit do not require a                 accurate application is required for each              valid only for the vessel to which it is
                                                  separate permit, but are covered by the                 vessel for which a permit is requested.                issued.
                                                  permit issued to the launching vessel.                     (2) NMFS must receive applications                     (g) Display. Each vessel must have on
                                                  Any enforcement action that results                     for vessel permits no later than April 1               board, at all times, a valid vessel permit
                                                  from the activities of a launched boat                  for the fishing season that will                       and the vessel operator must produce it
                                                  will be taken against the owner and                     commence on or after December 1 of                     for inspection upon the request of an
                                                  operator of the launching vessel.                       that year.                                             authorized officer or CCAMLR
                                                     (2) Any vessel of the United States                     (3) Applications for a permit to                    inspector.
                                                  that receives or attempts to receive any                harvest krill must, to the extent                         (h) Changes in information submitted
                                                  harvested AMLR from another vessel at                   possible, identify the products to be                  by permit applicants or holders—(1)
                                                  sea, regardless of whether such                         derived from the anticipated krill catch.              Changes in pending applications.
                                                  transshipment occurs in the Convention                     (4) NMFS will only accept permit                    Applicants for a vessel permit must
                                                  Area or that receives, or attempts to                   applications for vessels that have been                report to the Assistant Administrator in
                                                  receive any other goods or materials                    issued an International Maritime                       writing any change in the information
                                                  from another vessel in the Convention                   Organization (IMO) number.                             contained in the application. The
                                                  Area, must have a vessel permit                            (5) NMFS may charge a fee to recover                processing period for the application
                                                  authorizing transshipment issued under                  the administrative expense of permit                   will be extended as necessary to review
                                                  this subpart. Transshipment vessels                     issuance. NMFS will determine the fee                  the change.
                                                  must comply with the permitting                         in accordance with procedures in the                      (2) Changes occurring after permit
                                                  provisions of this section. This                        NOAA finance handbook, available                       issuance—(i) Requested changes in the
                                                  requirement does not apply to scientific                from NMFS, for calculating                             location, manner, or amount of
                                                  research vessels or to transshipments                   administrative costs of special products               harvesting. Any changes in the location,
                                                  covered under an individual permit.                     and services and user fees.                            manner or amount of harvesting must be
                                                     (3) Permits issued under this section                   (d) Issuance. The Assistant                         proposed in writing to the Assistant
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  do not authorize vessels or persons                     Administrator may issue a vessel permit                Administrator and may not be
                                                  subject to the jurisdiction of the United               if the Assistant Administrator                         undertaken unless authorized by the
                                                  States to harass, capture, harm, kill,                  determines that the harvesting or                      Assistant Administrator through a
                                                  harvest, or import marine mammals. No                   transshipment activities described in                  permit revision or issuance of a new
                                                  marine mammals may be taken in the                      the application will meet the                          permit. If the Assistant Administrator
                                                  course of commercial fishing operations                 requirements of the Act and will not:                  determines that the requested change in
                                                  unless the taking is authorized under                      (1) Decrease the size of any harvested              the location, manner, or amount of
                                                  the Marine Mammal Protection Act and/                   population to levels below those that                  harvesting could significantly affect the


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                                                                   Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations                                           6229

                                                  status of any Antarctic marine living                   hours before the transshipment will take               also be marked on the deck. Should an
                                                  resource, the Assistant Administrator                   place. Notifications of intended                       awning or other temporary cover be
                                                  will treat the requested change as an                   transshipments shall include the                       placed so as to obscure the mark on the
                                                  application for a new permit and so                     following information, for all vessels                 deck, the awning or cover shall also be
                                                  notify the holder.                                      involved:                                              marked with the IRCS. The marks
                                                     (ii) Changes other than in the                          (1) Names, registration numbers, and                should be placed athwartship with the
                                                  location, manner or amount of                           IMO numbers;                                           top of the numbers or letters towards the
                                                  harvesting. For changes other than those                   (2) International radio call signs;                 bow.
                                                  addressed in paragraph (h)(2)(i) of this                   (3) Flag State;                                        (2) Boats, skiffs and craft carried by
                                                  section, the owner or operator of a                        (4) Type of vessels, length, gross                  the vessel for fishing operations shall
                                                  vessel that has been issued a vessel                    registered tonnage and carrying                        bear the same mark as the vessel, except
                                                  permit must report to the Assistant                     capacity;                                              that a numerical suffix specific for the
                                                  Administrator in writing any change in                     (5) Proposed time and position, in                  boat, skiff, or craft must follow the IRCS.
                                                  previously submitted information as                     latitude and longitude, of                                (3) The vessel identification must be
                                                  soon as possible but no later than within               transshipment; and                                     in a color in contrast to the background
                                                  15 days after the change. Based on such                    (6) Details of the type and amount of               and must be permanently affixed to the
                                                  reported information, the Assistant                     catches and/or other goods, such as food               vessel in block Roman alphabet letters
                                                  Administrator may revise the permit                     stores and fuel, involved in the                       and Arabic numerals using good quality
                                                  and any revised permit would be                         transshipment.                                         marine paints. The letters and numbers
                                                  effective upon notification to the permit                  (l) Reporting and recordkeeping                     shall be: At least 1 meter in height (h)
                                                  holder.                                                 requirements. The operator of any vessel               for the IRCS placed on the hull,
                                                     (i) Conditions and restrictions. The                 required to have a vessel permit under                 superstructure and/or inclined surfaces
                                                  vessel permit will contain conditions                   this subpart must:                                     and at least 0.3 meter for marks placed
                                                  and restrictions that the Assistant                        (1) Accurately maintain on board the                on deck. The length of the hyphen shall
                                                  Administrator deems necessary for                       vessel all CCAMLR reports and records                  be half the height of the letters and
                                                  implementation of conservation                          required by its permit.                                numbers. The width of the stroke for all
                                                  measures that apply to the harvesting or                   (2) Make such reports and records                   letters, numbers and the hyphen shall
                                                  transshipment activities. The Assistant                 available for inspection upon the                      be h/6. The space between letters and/
                                                  Administrator may revise the vessel                     request of an authorized officer or                    or numbers shall not exceed h/4 nor be
                                                  permit to include additional conditions                 CCAMLR inspector.                                      less than h/6. The space between
                                                  and restrictions on the harvesting vessel                  (3) Within the time specified in the                adjacent letters having sloping sides
                                                  as necessary to implement conservation                  vessel permit, submit a copy of such                   (e.g., A and V) shall not exceed h/8 nor
                                                  measures in force with respect to the                   reports and records to NMFS.                           be less than h/10. If a contrasting color
                                                  United States or to achieve the purposes                   (4) Install a NMFS-approved EMTU                    is used for the background of the marks,
                                                  of the Convention or the Act. Any                       on board U.S. flagged vessels harvesting               it shall extend to provide a border
                                                  additional conditions or restrictions will              AMLR for use in real-time C–VMS port-                  around the mark of at least h/6.
                                                  be effective upon notification to the                   to-port reporting to a NMFS-designated                    (4) The marks and the background
                                                  permit holder.                                          land-based fisheries monitoring center                 shall be maintained in good condition at
                                                     (j) Revision, suspension, or revocation              or centers. The requirements for the                   all times.
                                                  for violations. A vessel permit may be                  installation and operation of the VMS                     (b) Navigational lights and shapes.
                                                  revised, suspended, or revoked if the                   are set forth in § 300.112.                            Each vessel issued a vessel permit must
                                                  harvesting vessel is involved in the                       (5) Provide advance notice of the                   display the lights and shapes prescribed
                                                  commission of any violation of its                      vessel’s entry into port using the                     by the International Regulations for
                                                  permit, the Act, or this subpart. The                   CCAMLR Port Inspection Report,                         Preventing Collisions at Sea, 1972 (TIAS
                                                  Assistant Administrator may deny a                      including the written declaration that                 8587, and 1981 amendment TIAS
                                                  vessel permit if the applicant or                       the vessel has not engaged in or                       10672), for the activity in which the
                                                  harvesting vessel was previously                        supported illegal, unreported and                      harvesting vessel is engaged (as
                                                  involved in the commission of any                       unregulated (IUU) fishing in the                       described at 33 CFR part 81).
                                                  violation of its permit, the Act, or this               Convention Area and has complied with                     (c) Gear identification. (1) The
                                                  subpart. Failure to report a change in                  relevant CCAMLR requirements. The                      operator of each fishing vessel must
                                                  the information contained in an                         CCAMLR Port Inspection Report, and                     ensure that all deployed fishing gear is
                                                  application within 15 days of the                       instructions for its submission, is                    clearly marked at all times at the surface
                                                  change is a violation of this subpart and               available from NMFS Headquarters.                      with a buoy displaying the vessel
                                                  voids the application or permit, as                                                                            identification of the harvesting vessel
                                                  applicable. If a change in vessel                       § 300.108    Vessel and gear identification.           (see paragraph (a) of this section) to
                                                  ownership is not reported, the violation                   (a) Vessel identification. (1) A vessel             which the gear belongs, a light visible
                                                  is chargeable to the previous owner.                    issued a permit under this subpart must                for 2 miles at night in good visibility,
                                                     (k) Transshipment notification. The                  be marked with the vessel’s name and                   and a radio buoy.
                                                  vessel operator must notify the                         its International Radio Call Sign (IRCS)                  (2) The operator of each harvesting
                                                  CCAMLR Secretariat of transshipments                    amidships on both the port and                         vessel must ensure that deployed
                                                  of AMLRs, bait, or fuel, and submit a                   starboard sides of the superstructure or               longlines and strings of traps or pots,
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  confirmation of the notification to                     hull, so that it is visible at all times from          and gillnets are clearly marked at all
                                                  NMFS Headquarters, no later than 72                     an enforcement or inspection vessel.                   times at the surface at each terminal end
                                                  hours before the transshipment will take                Fixtures inclined at an angle to the                   with a buoy displaying the vessel
                                                  place. The vessel operator must notify                  vessel’s side or superstructure would be               identification of the harvesting vessel to
                                                  the CCAMLR Secretariat of transfers of                  considered as suitable provided that the               which the gear belongs (see paragraph
                                                  all other goods, and submit a                           angle of inclination would not prevent                 (a) of this section), a light visible for 2
                                                  confirmation of the notification to                     sighting of the IRCS from another vessel               miles at night in good visibility, and a
                                                  NMFS Headquarters, no later than 2                      or from the air. The vessel’s IRCS shall               radio buoy.


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                                                  6230             Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations

                                                     (3) Unmarked or incorrectly identified                 (5) If the proposed fishery will be                  and the likelihood of their being
                                                  fishing gear may be considered                          undertaken using bottom trawl gear, the                affected by the proposed fishery;
                                                  abandoned and may be disposed of in                     known and anticipated impacts of this                     (4) Information from other fisheries in
                                                  accordance with applicable CCAMLR                       gear on vulnerable marine ecosystems,                  the region or similar fisheries elsewhere
                                                  Conservation Measures in force with                     including benthos and benthic                          that may assist in the evaluation of
                                                  respect to the United States by any                     communities.                                           potential yield;
                                                  authorized officer or CCAMLR                                                                                      (5) If the proposed fishery will be
                                                  inspector.                                              § 300.110    Exploratory fisheries.                    undertaken using bottom trawl gear,
                                                     (d) Maintenance. The operator of each                   (a) An exploratory fishery, for                     information on the known and
                                                  vessel issued a vessel permit must:                     purposes of this section, is a fishery that            anticipated impacts of this gear on
                                                     (1) Keep the vessel and gear                         was previously defined as a new fishery                vulnerable marine ecosystems,
                                                  identification clearly legible and in good              under § 300.109.                                       including benthos and benthic
                                                  condition at all times;                                    (b) A fishery continues to be classified            communities; and
                                                     (2) Ensure that nothing on the vessel                by CCAMLR as an exploratory fishery                       (6) Any other information the
                                                  obstructs the view of the markings from                 until sufficient information is available              Assistant Administrator requires to fully
                                                  an enforcement or inspection vessel or                  to:                                                    implement the relevant conservation
                                                  aircraft; and                                              (1) Evaluate the distribution,                      measures.
                                                     (3) Ensure that the proper                           abundance, and demography of the
                                                  navigational lights and shapes are                      target species, leading to an estimate of              § 300.111   Scientific observers.
                                                  displayed for the vessel’s activity and                 the fishery’s potential yield;                            (a) Except as otherwise specified, this
                                                  are properly functioning.                                  (2) Review the fishery’s potential                  section applies to both national
                                                                                                          impacts on dependent and related                       observers and international observers, as
                                                  § 300.109   Initiating a new fishery.                   species; and                                           well as to vessels of the United States
                                                     (a) A new fishery, for purposes of this                 (3) Allow the CCAMLR Scientific                     carrying, or required to carry, such
                                                  section, is a fishery that uses bottom                  Committee to formulate and provide                     observers.
                                                  trawls on the high seas of the                          advice to the Commission on                               (b) All vessels of the United States
                                                  Convention Area or a fishery for a                      appropriate harvest catch levels and                   fishing in the Convention Area must
                                                  species, using a particular method, in a                fishing gear.                                          carry one or more scientific observers as
                                                  statistical subarea or division for which:                 (c) The operator of any vessel                      required by CCAMLR conservation
                                                     (1) Information on distribution,                     engaging in an exploratory fishery must                measures or as specified in a vessel
                                                  abundance, demography, potential yield                  submit, by the date specified in the                   permit issued under this subpart.
                                                  and stock identity from comprehensive                   vessel permit issued under § 300.107,                     (c) All vessels of the United States
                                                  research/surveys or exploratory fishing                 catch, effort, and related biological,                 conducting longline sink rate testing
                                                  has not been submitted to CCAMLR;                       ecological, and environmental data as                  outside the Convention Area and
                                                     (2) Catch and effort data have never                 required by a data collection plan for                 pursuant to CCAMLR protocols must
                                                  been submitted to CCAMLR; or                            the fishery formulated by the CCAMLR                   carry one or more scientific observers as
                                                     (3) Catch and effort data from the two               Scientific Committee.                                  specified in the vessel permit issued
                                                  most recent seasons in which fishing                       (d) In addition to the requirements in              under this subpart.
                                                  occurred have not been submitted to                     § 300.107, any person planning to enter                   (d) Procurement of observers by
                                                  CCAMLR.                                                 an exploratory fishery must notify the                 vessel. Owners of vessels required to
                                                     (b) Persons intending to develop a                   Assistant Administrator no later than                  carry scientific observers under this
                                                  new fishery shall notify the Assistant                  April 1 for the fishing season that will               section must arrange for observer
                                                  Administrator no later than April 1 for                 commence on or after December 1 and                    services in coordination with the NMFS
                                                  the fishing season that will commence                   shall not enter the fishery pending                    Southwest Fisheries Science Center
                                                  on or after December 1 and shall not                    NMFS and CCAMLR review or until a                      Antarctic Ecosystem Research Division.
                                                  initiate the fishery pending NMFS and                   vessel permit has been used under this                 The vessel owner is required to pay for
                                                  CCAMLR review or until a vessel permit                  subpart. The Assistant Administrator                   observer services through an observer
                                                  has been used under this subpart.                       will not issue a permit to enter an                    service provider who has provided
                                                     (c) The notification shall be                        exploratory fishery until after the                    observer services to the Federal
                                                  accompanied by a complete vessel                        requirements of § 300.107 have been                    government within the past year. In
                                                  permit application required under                       met and CCAMLR has considered the                      situations where no qualified observer is
                                                  § 300.107 and information on:                           notification.                                          available through a qualified observer
                                                     (1) The nature of the proposed fishery,                 (e) The notification shall be                       provider, the Secretary may authorize a
                                                  including target species, methods of                    accompanied by a complete vessel                       vessel owner to arrange for an observer
                                                  fishing, proposed region and maximum                    permit application required under                      by alternative methods. An observer
                                                  catch levels proposed for the                           § 300.107 and information on:                          may not be paid directly by the vessel
                                                  forthcoming season;                                        (1) The nature of the exploratory                   owner.
                                                     (2) Biological information on the                    fishery, including target species,                        (e) Vessel responsibilities. An operator
                                                  target species from comprehensive                       methods of fishing, proposed region and                of a vessel required to carry one or more
                                                  research/survey cruises, such as                        maximum catch levels proposed for the                  scientific observers must:
                                                  distribution, abundance, demographic                    forthcoming season;                                       (1) Accommodations and food.
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  data and information on stock identity;                    (2) Specification and full description              Provide, at no cost to the observers or
                                                     (3) Details of dependent and related                 of the types of fishing gear to be used;               the United States, accommodations and
                                                  species and the likelihood of them being                   (3) Biological information on the                   food on the vessel for the observer or
                                                  affected by the proposed fishery;                       target species from comprehensive                      observers that are equivalent to those
                                                     (4) Information from other fisheries in              research/survey cruises, such as                       provided for officers of the vessel; and
                                                  the region or similar fisheries elsewhere               distribution, abundance, demographic                      (2) Safe conditions. Maintain safe
                                                  that may assist in the evaluation of                    data and information on stock identity;                conditions on the vessel for the
                                                  potential yield; and                                    details of dependent and related species               protection of observers including


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                                                                   Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations                                            6231

                                                  adherence to all U.S. Coast Guard and                   not decrease the value of a significant                exam occurred. A new physical exam
                                                  other applicable rules, regulations, or                 portion of the catch.                                  must be performed, and accompanying
                                                  statutes pertaining to safe operation of                   (10) Transfer at sea. (i) Ensure that               statement submitted, prior to any
                                                  the vessel and have on board:                           transfers of observers at sea via small                deployment occurring after the
                                                     (i) A valid Commercial Fishing Vessel                boat or raft are carried out during                    expiration of the statement.
                                                  Safety Decal issued within the past 2                   daylight hours, under safe conditions,                    (i) Standards of observer conduct. (1)
                                                  years that certifies compliance with                    and with the agreement of observers                    Observers: (i) Must not have a direct
                                                  regulations found in 33 CFR chapter I                   involved.                                              financial interest in the fishery being
                                                  and 46 CFR chapter I;                                      (ii) Notify observers at least 3 hours              observed, including but not limited to:
                                                     (ii) A certificate of compliance issued              before observers are transferred, such                    (A) Any ownership, mortgage holder,
                                                  pursuant to 46 CFR 28.710; or                           that the observers can collect personal                or other secured interest in a vessel,
                                                     (iii) A valid certificate of inspection              belongings, equipment, and scientific                  shoreside or floating stationary
                                                  pursuant to 46 U.S.C. 3311.                             samples.                                               processor facility involved in the
                                                     (3) Health and safety regulations.                      (iii) Provide a safe pilot ladder and               catching, taking, harvesting or
                                                  Comply with the observer health and                     conduct the transfer to ensure the safety              processing of fish;
                                                  safety regulations at part 600 of this                  of observers during transfers.                            (B) Any business involved with
                                                                                                             (iv) Provide an experienced crew                    selling supplies or services to any
                                                  title.
                                                                                                          member to assist observers in the small                vessel, shoreside or floating stationary
                                                     (4) Transmission of data. Facilitate
                                                                                                          boat or raft in which any transfer is                  processing facility; or
                                                  transmission of observer data by
                                                                                                          made.                                                     (C) Any business involved with
                                                  allowing observers, on request, to use                     (f) Insurance. The observer service
                                                  the vessel’s communications equipment                                                                          purchasing raw or processed products
                                                                                                          provider or vessel owner must provide                  from any vessel, shoreside or floating
                                                  and personnel for the confidential entry,               insurance for national observers that
                                                  transmission, and receipt of work-                                                                             stationary processing facilities.
                                                                                                          provides compensation in the event of                     (ii) Must not solicit or accept, directly
                                                  related messages.                                       an injury or death during the entire                   or indirectly, any gratuity, gift, favor,
                                                     (5) Vessel position. Allow observers                 deployment, from the point of hire                     entertainment, loan, or anything of
                                                  access to, and the use of, the vessel’s                 location to return, equivalent to the                  monetary value from anyone who either
                                                  navigation equipment and personnel, on                  standards of the North Pacific                         conducts activities that are regulated by
                                                  request, to determine the vessel’s                      Groundfish Observer Program set forth                  NMFS or has interests that may be
                                                  position, course and speed.                             in § 679.50 of this title.                             substantially affected by the
                                                     (6) Access. Allow observers free and                    (g) Educational requirements.                       performance or nonperformance of the
                                                  unobstructed access to the vessel’s                     National observer candidates must:                     observers’ official duties.
                                                  bridge, trawl or working decks, holding                    (1) Have a Bachelor’s degree or higher                 (iii) Must not serve as observers on
                                                  bins, processing areas, freezer spaces,                 from an accredited college or university               any vessel or at any shoreside or floating
                                                  weight scales, cargo holds, and any                     with a major in one of the natural                     stationary processing facility owned or
                                                  other space that may be used to hold,                   sciences; or                                           operated by a person who previously
                                                  process, weigh, or store fish or fish                      (2) Have successfully completed a                   employed the observers.
                                                  products at any time.                                   minimum of 30 semester hours or                           (iv) Must not solicit or accept
                                                     (7) Prior notification. Notify observers             equivalent in applicable biological                    employment as a crew member or an
                                                  at least 15 minutes before fish are                     sciences with extensive use of                         employee of a vessel, shoreside
                                                  brought on board, or fish and fish                      dichotomous keys in at least one course.               processor, or stationary floating
                                                  products are transferred from the vessel,                  (h) Health requirements. National                   processor while employed by an
                                                  to allow sampling the catch or observing                observers, and U.S. observers deployed                 observer provider.
                                                  the transfer, unless the observers                      as international observers, must have a                   (2) Provisions for remuneration of
                                                  specifically request not to be notified.                signed and dated statement from a                      observers under this section do not
                                                     (8) Records. Allow observers to                      licensed physician that he or she has                  constitute a conflict of interest.
                                                  inspect and copy the vessel’s DCD,                      physically examined the observer. The                     (j) Standards of observer behavior.
                                                  product transfer forms, any other                       statement must confirm that, based                     Observers must: (1) Avoid any behavior
                                                  logbook or document required by                         upon the physical examination, the                     that could adversely affect the
                                                  regulations or CCAMLR conservation                      observer does not have any health                      confidence of the public in the integrity
                                                  measures, printouts or tallies of scale                 problems or conditions that would                      of the CCAMLR Scheme of International
                                                  weights, scale calibration records, bin                 jeopardize that individual’s safety or the             Scientific Observation or of the
                                                  sensor readouts, and production                         safety of others while deployed, or                    government, including but not limited
                                                  records.                                                prevent the observer from performing                   to the following:
                                                     (9) Assistance. Provide all other                    his or her duties satisfactorily. The                     (2) Perform their assigned duties as
                                                  reasonable assistance to enable                         statement must declare that, prior to the              described in the CCAMLR Scientific
                                                  observers to carry out their duties,                    examination, the physician was made                    Observers Manual and must complete
                                                  including, but not limited to:                          aware of the duties of an observer and                 the CCAMLR Scientific Observer
                                                     (i) Measuring decks, codends, and                    the dangerous, remote and rigorous                     Logbooks and submit them to the
                                                  holding bins;                                           nature of the work. The physician’s                    CCAMLR Data Manager at the intervals
                                                     (ii) Providing the observers with a safe             statement must be submitted to the                     specified by the Data Manager.
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  work area adjacent to the sample                        NMFS Southwest Fisheries Science                          (3) Accurately record their sampling
                                                  collection site;                                        Center Antarctic Ecosystem Research                    data, write complete reports, and report
                                                     (iii) Collecting bycatch when                        Division program office prior to                       accurately any observations of
                                                  requested by the observers;                             approval of an observer. The physical                  suspected violations of regulations
                                                     (iv) Collecting and carrying baskets of              exam must have occurred during the 12                  relevant to conservation of marine
                                                  fish when requested by observers; and                   months prior to the observer’s                         resources or their environment.
                                                     (v) Allowing observers to determine                  deployment. The physician’s statement                     (4) Not disclose collected data and
                                                  the sex of fish when this procedure will                will expire 12 months after the physical               observations made on board the vessel


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                                                  6232             Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations

                                                  or in the processing facility to any                    fishery may be used. The vessel owner                  with the appropriate CEMP site
                                                  person, except the owner or operator of                 or operator shall obtain and have                      management plan. In all other cases, an
                                                  the observed vessel or processing                       installed on the fishing vessel, by a                  applicant seeking a permit to enter a
                                                  facility or NMFS.                                       qualified marine electrician and in                    CEMP site must apply to the Assistant
                                                     (5) Refrain from engaging in any                     accordance with any instructions                       Administrator for a CEMP permit in
                                                  illegal actions or any other activities                 provided by the VMS Helpdesk or OLE,                   accordance with the provisions of this
                                                  that would reflect negatively on their                  a NMFS type-approved EMTU.                             section.
                                                  image as professional scientists, on                       (c) Interference with the EMTU. No                     (b) Responsibility of CEMP permit
                                                  other observers, or on the CCAMLR                       person may interfere with, tamper with,                holders and persons designated as
                                                  Scheme of International Scientific                      alter, damage, disable, or impede the                  agents under a CEMP permit. (1) The
                                                  Observation as a whole. This includes,                  operation of the EMTU, or attempt any                  CEMP permit holder and person
                                                  but is not limited to:                                  of the same.                                           designated as agents under a CEMP
                                                     (i) Refrain from engaging in the use,                   (d) Interruption of operation of the                permit are jointly and severally
                                                  possession, or distribution of illegal                  VMS. When a vessel’s EMTU is not                       responsible for compliance with the
                                                  drugs; or                                               operating properly, the owner or                       Act, this subpart, and any permit issued
                                                     (ii) Refrain from engaging in physical               operator must immediately contact OLE,                 under this subpart.
                                                  sexual contact with personnel of the                    and follow instructions from that office.                 (2) The CEMP permit holder and
                                                  vessel or processing facility to which                  If notified by NMFS that a vessel’s                    agents designated under a CEMP permit
                                                  the observer is assigned, or with any                   EMTU is not operating properly, the                    are responsible for the acts of their
                                                  vessel or processing plant personnel                    owner and operator must follow                         employees and agents constituting
                                                  who may be substantially affected by                    instructions from that office. In either               violations, regardless of whether the
                                                  the performance or non-performance of                   event, such instructions may include,                  specific acts were authorized or
                                                  the observer’s official duties.                         but are not limited to, manually                       forbidden by the CEMP permit holder or
                                                     (k) Sampling station—(1) Minimum                     communicating to a location designated                 agents, and regardless of knowledge
                                                  work space aboard at sea processing                     by NMFS the vessel’s positions or                      concerning their occurrence.
                                                  vessels. The observer must have a                       returning to port until the EMTU is                       (c) Prohibitions regarding the
                                                  working area of 4.5 square meters,                      operable.                                              Antarctic Treaty System and other
                                                  including the observer’s sampling table,                   (e) Access to data. OLE is authorized               applicable treaties and statutes. Holders
                                                  for sampling and storage of fish to be                  to receive and relay transmissions from                of permits to enter CEMP Protected Sites
                                                  sampled. The observer must be able to                   the EMTU. OLE will share a vessel’s                    are not authorized to undertake any
                                                  stand upright and have a work area at                   position data obtained from the EMTU,                  activities within a CEMP Protected Site
                                                  least 0.9 meter (m) deep in the area in                 if requested, with other NMFS offices,                 that are not in compliance with the
                                                  front of the table and scale.                           the USCG, and their authorized officers                conditions of the CEMP permit and the
                                                     (2) Table aboard at-sea processing                   and designees.                                         provisions of:
                                                  vessels. The observer sampling station                     (f) Installation and operation of the                  (1) The Antarctic Treaty, including
                                                  must include a table at least 0.6 m deep,               VMS. NMFS has authority over the                       the Agreed Measures for the
                                                  1.2 m wide and 0.9 m high and no more                   installation and operation of the EMTU.                Conservation of Antarctic Fauna and
                                                  than 1.1 m high. The entire surface area                NMFS may authorize the connection or                   Flora (including the Protocol on the
                                                  of the table must be available for use by               order the disconnection of additional                  Environmental Protection to the
                                                  the observer. Any area for the observer                 equipment, including a computer, to                    Antarctic Treaty and its Annexes), as
                                                  sampling scale is in addition to the                    any EMTU when deemed appropriate by                    implemented by the ACA and any
                                                  minimum space requirements for the                      NMFS.                                                  superseding legislation. (Persons
                                                  table. The observer’s sampling table
                                                                                                          § 300.113 CCAMLR Ecosystem Monitoring                  interested in conducting activities
                                                  must be secured to the floor or wall.
                                                                                                          Program sites.                                         subject to the Antarctic Treaty or the
                                                     (3) Other requirement for at-sea
                                                                                                            (a) General. (1) Any person subject to               Protocol should contact the Office of
                                                  processing vessels. The sampling station
                                                                                                          the jurisdiction of the United States                  Polar Programs, NSF).
                                                  must be in a well-drained area that
                                                  includes floor grating (or other material               must apply for and be granted an entry                    (2) The Convention for the
                                                  that prevents slipping), lighting                       permit authorizing specific activities                 Conservation of Antarctic Seals.
                                                  adequate for day or night sampling, and                 prior to entering a CCAMLR Ecosystem                      (3) The Convention and its
                                                  a hose that supplies fresh or sea water                 Monitoring Program (CEMP) site                         Conservation Measures in force,
                                                  to the observer.                                        designated in accordance with the                      implemented under the Act.
                                                                                                          CCAMLR conservation measure                               (d) Prohibitions on takings. Permits
                                                  § 300.112   Vessel monitoring system.                   describing the procedure for according                 issued under this section do not
                                                     (a) Requirement for use. Within 30                   protection for CEMP sites.                             authorize any takings as defined in the
                                                  days after NMFS publishes in the                          (2) If a CEMP site is also a site                    applicable statutes and implementing
                                                  Federal Register a list of approved                     specially protected under the Antarctic                regulations governing the activities of
                                                  EMTUs and associated communications                     Treaty (or the Protocol on                             persons in Antarctica.
                                                  service providers for the AMLR fishery,                 Environmental Protection to the                           (e) Issuance criteria. Permits
                                                  an owner or operator of a vessel that has               Antarctic Treaty and its Annexes, such                 designated in this section may be issued
                                                  been issued a vessel permit under                       as the sites listed in 45 CFR 670.29), an              by the Assistant Administrator upon a
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                                                  § 300.107 must ensure that such vessel                  applicant seeking to enter such site                   determination that:
                                                  has a NMFS-type-approved, operating                     must apply to the Director of the NSF                     (1) The specific activities meet the
                                                  EMTU installed and continuously                         for a permit under applicable provisions               requirements of the Act;
                                                  operating for the duration of any fishing               of the ACA or any superseding                             (2) There is sufficient reason,
                                                  trip involving the harvesting of AMLR.                  legislation. The permit granted by NSF                 established in the CEMP permit
                                                     (b) Installing and activating the                    shall constitute a joint CEMP/ACA                      application, that the scientific purpose
                                                  EMTU. Only EMTUs that have been                         Protected Site permit and any person                   for the intended entry cannot be served
                                                  approved by NMFS for use in the AMLR                    holding such a permit must comply                      elsewhere; and


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                                                                   Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations                                               6233

                                                     (3) The actions permitted will not                   applicable. Title 15 CFR part 904                      CCAMLR conservation measures in
                                                  violate any provisions or prohibitions of               governs permit sanctions under this                    force prepared by a CCAMLR inspector.
                                                  the site’s management plan submitted in                 subpart.                                                  (h) Assault, resist, oppose, impede,
                                                  compliance with the CCAMLR                                 (k) Exceptions. Entry into a CEMP site              intimidate, or interfere with a CCAMLR
                                                  Conservation Measure describing the                     is lawful if committed under emergency                 inspector or authorized officer in the
                                                  procedure for according protection to                   conditions to prevent the loss of human                conduct of any boarding, search,
                                                  CEMP sites.                                             life, avoid compromising human safety,                 investigation, or inspection authorized
                                                     (f) Application process. An applicant                prevent the loss of vessels or aircraft, or            by the Act, this subpart, or any permit
                                                  seeking a CEMP permit from the                          to prevent environmental damage.                       issued under the Act.
                                                  Assistant Administrator to enter a CEMP                    (l) Protected sites. Sites protected by                (i) Use any vessel to engage in
                                                  site shall include the following in the                 the Antarctic Treaty and regulated                     harvesting, or receive, import, export or
                                                  application.                                            under the ACA are listed at 45 CFR part                re-export, AMLRs after the revocation,
                                                     (1) A detailed justification that the                670 subpart F.                                         or during the period of suspension, of
                                                  scientific objectives of the applicant                                                                         an applicable permit issued under the
                                                  cannot be accomplished elsewhere and                    § 300.114    Prohibitions.                             Act.
                                                  a description of how said objectives will                  In addition to the prohibitions in                     (j) Fail to identify, falsely identify, fail
                                                  be accomplished within the terms of the                 § 300.4, it is unlawful for any person to:             to properly maintain, or obscure the
                                                  site’s management plan.                                    (a) Harvest any AMLR without a                      identification of a harvesting vessel or
                                                     (2) A statement signed by the                        permit for such activity as required by                its gear as required by this subpart.
                                                  applicant that the applicant has read                   § 300.107.                                                (k) Fish in an area where fishing is
                                                  and fully understands the provisions                       (b) Import into, or export or re-export             prohibited by the Commission, other
                                                  and prohibitions of the site’s                          from, the United States any AMLR:                      than for scientific research purposes in
                                                  management plan. Prospective                            Taken by a vessel of the United States                 accordance with § 300.103.
                                                  applicants may obtain copies of the                     without a permit issued under this                        (l) Violate or attempt to violate any
                                                  relevant management plans and the                       subpart or by a foreign-flagged vessel                 provision of this subpart, the Act, any
                                                  CCAMLR Conservation Measure                             without valid authorization from the                   other regulation promulgated under the
                                                  describing the procedure for according                  applicable flag state to harvest those                 Act or the conditions of any permit
                                                  protection to CEMP sites by requesting                  resources; without accurate, complete,                 issued under the Act.
                                                  them from NMFS Headquarters.                            valid and properly validated CDS                          (m) Provide incomplete or inaccurate
                                                     (g) Conditions. CEMP permits issued                  documentation as required by § 300.106;                information about the harvest,
                                                  under this section will contain special                 without an IFTP as required by                         transshipment, landing, import, export,
                                                  and general conditions including a                      § 300.104; or in violation of the terms                or re-export of applicable species on any
                                                  condition that the permit holder shall                  and conditions for such import, export                 document required under this subpart.
                                                  submit a report describing the activities                                                                         (n) Receive AMLR from a vessel,
                                                                                                          or re-export as specified on the IFTP.
                                                  conducted under the permit within 30                                                                           without holding an AMLR first receiver
                                                                                                             (c) Engage in or benefit from
                                                  days of the expiration of the CEMP                                                                             permit as required under § 300.104, or
                                                                                                          harvesting or other associated activities
                                                  permit.                                                                                                        receive AMLR from a fishing vessel that
                                                                                                          in violation of the provisions of the
                                                     (h) Transfer. CEMP permits are not                                                                          does not hold a valid vessel permit
                                                                                                          Convention or in violation of a
                                                  transferable or assignable. A CEMP                                                                             issued under § 300.107.
                                                                                                          conservation measure in force with                        (o) Import, export or re-export
                                                  permit is valid only for the person to
                                                                                                          respect to the United States under                     Dissostichus spp. harvested or
                                                  whom it is issued.
                                                     (i) Additional conditions and                        Article IX of the Convention.                          transshipped by a vessel identified by
                                                  restrictions. The Assistant                                (d) Ship, transport, offer for sale, sell,          CCAMLR as having engaged in illegal,
                                                  Administrator may revise the CEMP                       purchase, import, export, re-export or                 unreported and unregulated (IUU)
                                                  permit effective upon notification of the               have custody, control or possession of,                fishing, originating from a high seas area
                                                  permit holder, to impose additional                     any AMLR that was harvested in                         designated by the Food and Agriculture
                                                  conditions and restrictions as necessary                violation of a conservation measure in                 Organization of the United Nations as
                                                  to achieve the purposes of the                          force with respect to the United States                Statistical Area 51 or Statistical Area 57
                                                  Convention, the Act and the CEMP                        under Article IX of the Convention or in               or accompanied by inaccurate,
                                                  Management Plan. The CEMP permit                        violation of any regulation promulgated                incomplete, invalid, or improperly
                                                  holder must, as soon as possible, notify                under the Act, without regard to the                   validated CDS documentation or import
                                                  any and all agents operating under the                  citizenship of the person that harvested,              or re-export Dissostichus spp.
                                                  permit of any and all revisions or                      or vessel that was used in the harvesting              accompanied by a SVDCD.
                                                  modifications to the permit.                            of, the AMLR.                                             (p) Import shipments of frozen
                                                     (j) Revocation or suspension. CEMP                      (e) Refuse to allow any CCAMLR                      Dissostichus spp. without a preapproval
                                                  permits may be revoked or suspended                     inspector or authorized officer to board               issued under § 300.105.
                                                  based upon information received by the                  a vessel of the United States or a vessel                 (q) Observers. (1) Assault, resist,
                                                  Assistant Administrator and such                        subject to the jurisdiction of the United              oppose, impede, intimidate, harass,
                                                  revocation or suspension shall be                       States for the purpose of conducting any               bribe, or interfere with an observer.
                                                  effective upon notification to the permit               search, investigation, or inspection                      (2) Interfere with or bias the sampling
                                                  holder.                                                 authorized by the Act, this subpart, or                procedure employed by an observer,
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                                                     (1) A CEMP permit may be revoked or                  any permit issued under the Act.                       including physical, mechanical, or other
                                                  suspended based on a violation of the                      (f) Refuse to provide appropriate                   sorting or discarding of catch before
                                                  permit, the Act, or this subpart.                       assistance, including access as                        sampling.
                                                     (2) Failure to report a change in the                necessary to communications                               (3) Tamper with, destroy, or discard
                                                  information submitted in a CEMP                         equipment, to any CCAMLR inspector                     an observer’s collected samples,
                                                  permit application within 10 days of the                or authorized officer.                                 equipment, records, photographic film,
                                                  change is a violation of this subpart and                  (g) Refuse to sign a written                        papers, or personal effects without the
                                                  voids the application or permit, as                     notification of alleged violations of                  express consent of the observer.


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                                                  6234             Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations

                                                     (4) Prohibit or bar by command,                      expected to be, harvested regardless of                CCAMLR conservation measures in
                                                  impediment, threat, coercion, or by                     whether the vessel operates, or is                     effect and will afford the master the
                                                  refusal of reasonable assistance, an                    expected to operate, inside the                        opportunity to comment on it. The
                                                  observer from collecting samples,                       Convention Area.                                       ship’s master must sign the notification
                                                  conducting product recovery rate                           (s) Trawl for krill in Convention Area              to acknowledge receipt and the
                                                  determinations, making observations, or                 fisheries without a seal excluder device               opportunity to comment on it.
                                                  otherwise performing the observer’s                     or possess trawl gear without a seal
                                                                                                          excluder device installed onboard a                       (4) Any person issued a first receiver
                                                  duties.
                                                     (5) Harass an observer by conduct that               vessel permitted, or required to be                    permit under this subpart, or an IFTP
                                                  has sexual connotations, has the                        permitted, under this subpart to harvest               under § 300.322, must as a condition of
                                                  purpose or effect of interfering with the               krill with trawl gear.                                 that permit, allow an authorized officer
                                                  observer’s work performance, or                            (t) Harvest any AMLR in the                         access to any facility from which they
                                                  otherwise creates an intimidating,                      Convention Area without a vessel                       engage in the first receipt, import,
                                                  hostile, or offensive environment.                      permit required by this subpart.                       export or re-export of AMLR for the
                                                     (6) Fish for or process fish without                    (u) Ship, transport, offer for sale, sell,          purpose of inspecting the facility and
                                                  observer coverage required under                        purchase, import, export, re-export or                 any fish, equipment or records therein.
                                                  § 300.111.                                              have custody, control, or possession of,                  (b) Reports by non-inspectors. All
                                                     (7) Require, pressure, coerce, or                    any frozen Dissostichus species without                scientists, fishermen, and other non-
                                                  threaten an observer to perform duties                  verifiable documentation that the
                                                                                                                                                                 inspectors present in the Convention
                                                  normally performed by crew members,                     harvesting vessel reported to CCAMLR’s
                                                                                                                                                                 Area and subject to the jurisdiction of
                                                  including, but not limited to, cooking,                 C–VMS continuously and in real-time,
                                                                                                                                                                 the United States are encouraged to
                                                  washing dishes, standing watch, vessel                  from port-to-port, regardless of where
                                                  maintenance, assisting with the setting                 such Dissostichus species were                         report any violation of CCAMLR
                                                  or retrieval of gear, or any duties                     harvested.                                             conservation measures observed in the
                                                  associated with the processing of fish,                                                                        Convention Area to the Office of Ocean
                                                                                                          § 300.115 Facilitation of enforcement and              and Polar Affairs (CCAMLR Violations),
                                                  from sorting the catch to the storage of
                                                                                                          inspection.                                            Department of State, Room 5801,
                                                  the finished product.
                                                     (8) Refuse to provide appropriate                      In addition to the facilitation of                   Washington, DC 20520.
                                                  assistance, including access as                         enforcement provisions of § 300.5, the
                                                                                                                                                                    (c) Storage of AMLR. The operator of
                                                  necessary to communications                             following requirements apply to this
                                                                                                                                                                 each harvesting vessel storing AMLR in
                                                  equipment, to an observer.                              subpart.
                                                                                                            (a) Access and records. (1) The                      a storage space on board a vessel must
                                                     (r) Vessel monitoring systems. (1) Use                                                                      ensure that non-resource items are
                                                  any vessel of the United States issued,                 owners and operator of each harvesting
                                                                                                          vessel must provide authorized officers                neither stowed beneath nor covered by
                                                  or required to be issued, an AMLR                                                                              resource items, unless required to
                                                  vessel permit to conduct fishing                        and CCAMLR inspectors access to all
                                                                                                          spaces where work is conducted or                      maintain the stability and safety of the
                                                  operations unless that vessel carries a
                                                                                                          business papers and records are                        vessel. Non-resource items include, but
                                                  NMFS-type-approved EMTU and
                                                                                                          prepared or stored, including but not                  are not limited to, portable conveyors,
                                                  complies with the requirements
                                                  described in this subpart.                              limited to personal quarters and areas                 exhaust fans, ladders, nets, fuel
                                                     (2) Fail to install, activate, repair or             within personal quarters. If inspection                bladders, extra bin boards, or other
                                                  replace an EMTU prior to leaving port                   of a particular area would interfere with              moveable non-resource items. These
                                                  as specified in this subpart.                           specific on-going scientific research,                 non-resource items may be in a resource
                                                     (3) Fail to operate and maintain an                  and if the operator of the harvesting                  storage space when necessary for the
                                                  EMTU on board the vessel at all times                   vessel makes such assertion and                        safety of the vessel or crew or for the
                                                  as specified in this subpart.                           produces an individual permit that                     storage of the items. Lumber, bin boards,
                                                     (4) Tamper with, damage, destroy,                    covers that specific research, the                     or other dunnage may be used for
                                                  alter, or in any way distort, render                    authorized officer or CCAMLR inspector                 shoring or bracing of product to ensure
                                                  useless, inoperative, ineffective, or                   will not disturb the area, but will record             the safety of crew and to prevent
                                                  inaccurate the EMTU required to be                      the information pertaining to the denial               shifting of cargo within the space.
                                                  installed on a vessel or the EMTU                       of access.
                                                  position reports transmitted by a vessel                  (2) The owner and operator of each                   § 300.116   Penalties.
                                                  as specified in this subpart.                           harvesting vessel must provide to
                                                                                                          authorized officers and CCAMLR                           Any person or harvesting vessel found
                                                     (5) Fail to contact OLE or follow OLE                                                                       to be in violation of the Act, this
                                                  instructions when automatic position                    inspectors all records and documents
                                                                                                          pertaining to the harvesting activities of             subpart, or any permit issued under this
                                                  reporting has been interrupted as
                                                                                                          the vessel, including but not limited to               subpart will be subject to the civil and
                                                  specified in this subpart.
                                                     (6) Register an EMTU to more than                    production records, fishing logs,                      criminal penalty provisions and
                                                  one vessel at the same time.                            navigation logs, transfer records,                     forfeiture provisions prescribed in the
                                                     (7) Connect, or leave connected,                     product receipts, cargo stowage plans or               Act, 15 CFR part 904, and other
                                                  additional equipment to an EMTU                         records, draft or displacement                         applicable laws.
                                                  without the prior approval of the OLE.                  calculations, customs documents or                     [FR Doc. 2017–00401 Filed 1–18–17; 8:45 am]
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                                                     (8) Make a false statement, oral or                  records, and an accurate hold plan                     BILLING CODE 3510–22–P
                                                  written, to an authorized officer                       reflecting the current structure of the
                                                  regarding the installation, use,                        vessel’s storage and factory spaces.
                                                  operation, or maintenance of an EMTU                      (3) Before leaving vessels that have
                                                  or communication service provider.                      been inspected, the CCAMLR inspector
                                                     (9) Fail to report to NMFS and to                    will give the master of the vessel a
                                                  CCAMLR’s C–VMS from port-to-port on                     Certificate of Inspection and a written
                                                  any trip during which AMLR are, or are                  notification of any alleged violations of


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Document Created: 2018-02-01 15:15:19
Document Modified: 2018-02-01 15:15:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective February 21, 2017.
ContactMi Ae Kim, Office of International Affairs and Seafood Inspection, NMFS (phone 301-427-8365, or email [email protected]).
FR Citation82 FR 6221 
RIN Number0648-BB86
CFR Citation15 CFR 902
50 CFR 300

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