International Affairs; Antarctic Marine Living Resources Convention Act, 47325-47343 [2016-17129]

Download as PDF Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 60 and 62 [EPA–HQ–OAR–2016–0033; FRL–9949–36– OAR] RIN 2060–AS84 Clean Energy Incentive Program Design Details; Extension of Comment Period Environmental Protection Agency (EPA). ACTION: Proposed rule; extension of comment period. AGENCY: On June 30, 2016, the Environmental Protection Agency (EPA) proposed a rule titled, ‘‘Clean Energy Incentive Program Design Details.’’ The EPA is extending the comment period on the proposed rule that was scheduled to close on August 29, 2016, by four days until September 2, 2016. The EPA is making this change to align the public comment period with the public hearing submittal time frame. DATES: The public comment period for the proposed rule published in the Federal Register on June 30, 2016 (81 FR 42940), is being extended. Written comments must be received on or before September 2, 2016. ADDRESSES: The EPA has established a docket for the proposed rulemaking (available at http:// www.regulations.gov). The Docket ID No. is EPA–HQ–OAR–2016–0033. Information on this action is posted at https://www.epa.gov/cleanpowerplan/ clean-energy-incentive-program. Submit your comments, identified by the appropriate Docket ID No. to the Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. If you need to include CBI as part of your comment, please visit http:// www.epa.gov/dockets/comments.html for instructions. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. For additional submission methods, the full EPA public comment policy, and general guidance on making Lhorne on DSK30JT082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 15:00 Jul 20, 2016 Jkt 238001 effective comments, please visit http:// www.epa.gov/dockets/comments.html. FOR FURTHER INFORMATION CONTACT: For additional information on this action, contact Dr. Tina Ndoh, Sector Policies and Programs Division, Office of Air Quality Planning and Standards (D243– 04), Environmental Protection Agency, Research Triangle Park, NC 27711; telephone number: (919) 541–2750; email address: ndoh.tina@epa.gov. SUPPLEMENTARY INFORMATION: To provide administrative simplicity for stakeholders by aligning the public comment period on the proposal with the 30-day timeframe for submissions after the public hearing on August 3, 2016, the EPA has decided to extend the public comment period until September 2, 2016. Dated: July 13, 2016. Michael Koerber, Associate Director, Office of Air Quality Planning and Standards. [FR Doc. 2016–17279 Filed 7–20–16; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 120201087–6529–01] RIN 0648–BB86 International Affairs; Antarctic Marine Living Resources Convention Act National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule. AGENCY: NMFS proposes revising the regulations that implement conservation measures adopted by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR or Commission). These revisions would be in addition to those proposed on December 29, 2015, that would revise procedures and requirements for filing import, export, and re-export documentation for certain fishery products, to integrate the collection of trade documentation within the government-wide International Trade Data System (ITDS) and require electronic information collection. The purposes of the revisions in this proposed rule are to streamline and clarify the regulations, shift deadlines for advance notice of intended fishing activities, distinguish between first SUMMARY: PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 47325 receivers and dealers of Antarctic marine living resources (AMLR), reduce the time for advance notice of imports of Dissostichus species, and add transshipment notification requirements. The sections of these regulations would be reorganized to group requirements related to the trade of Antarctic marine living resources and those that apply to fishing activities. Additionally, this action would update 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: Written comments must be received by August 22, 2016. ADDRESSES: Written comments on this action, identified by NOAA–NMFS– 2016–0076, may be submitted by either of the following methods: Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal Go to www.regulations.gov/ #!docketDetail;D=NOAA–NMFS-20160076, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. Mail: Mi Ae Kim, Office of International Affairs and Seafood Inspection, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ A’’ in the required fields if you wish to remain anonymous). FOR FURTHER INFORMATION CONTACT: Mi Ae Kim, Office of International Affairs and Seafood Inspection, NMFS (phone 301–427–8365, fax 301–713–2313, or email mi.ae.kim@noaa.gov). 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 E:\FR\FM\21JYP1.SGM 21JYP1 47326 Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Proposed Rules 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 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). The amendments to sections 306 and 307 are further discussed below; no regulatory changes are necessary to implement the amendments to section 308(a). At each annual meeting, the Commission may adopt new conservation measures or revise existing measures. The current and past versions of the conservation measures are available on the Commission Web site: http://www.ccamlr.org. The conservation measures are organized by categories, including compliance, general fishery matters, fishery regulations, and protected areas, with each category designated by a two-digit code. While all conservation measures are subject to revision at the annual meeting, some (particularly those in the fishery regulation category) 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 would reorganize, streamline, and update the regulations that implement AMLRCA and Commission adopted conservation measures. These revisions would be in addition to those proposed in 80 FR 81251, December 29, 2015, hereinafter referred to as the rule for electronic reporting of trade documentation, which integrates the collection of trade documentation within the governmentwide ITDS and requires 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 generally will be implemented through vessel permits if applicable to the permitted fishing activities. Table 1 identifies how the sections of the current regulations will be designated by this action. TABLE 1—PROPOSED REORGANIZATION OF 50 CFR PART 300, SUBPART G Current structure Proposed designation Lhorne on DSK30JT082PROD with PROPOSALS 300.100 300.101 300.102 tions. 300.103 300.104 300.105 300.106 300.107 Purpose and scope .................................................................. Definitions ................................................................................ Relationship to other treaties, conventions, laws, and regula- Same. Same. Same. Procedure for according protection to CEMP Sites ................ Scientific research .................................................................... Initiating a new fishery ............................................................. Exploratory fisheries ................................................................ Reporting and recordkeeping requirements ............................ 300.108 300.109 300.110 300.112 300.113 300.114 300.115 300.116 sels. 300.117 300.118 300.119 Vessel and gear identification .................................................. Gear disposal ........................................................................... Mesh size ................................................................................. Harvesting permits ................................................................... Scientific observers .................................................................. Dealer permits and preapproval .............................................. Appointment of a designated representative ........................... Requirements for a vessel monitoring system for U.S. ves- Moved to 300.113. Moved to 300.103. Moved to 300.109. Moved to 300.110. DCD Requirements moved to 300.106 and first receiver and vessel reporting and recordkeeping requirements moved to 300.104 and 300.107, respectively. Same. Removed. Removed. Moved to 300.107. Moved to 300.111. Moved to 300.104 (permits) and 300.105 (preapprovals). Removed. Moved to 300.112. Prohibitions .............................................................................. Facilitation of enforcement and inspection .............................. Penalties .................................................................................. Moved to 300.114. Moved to 300.115. Moved to 300.116. This proposed rule would delete all references from the current version of VerDate Sep<11>2014 15:00 Jul 20, 2016 Jkt 238001 the AMLR regulations to section 300.111 which was removed and PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 reserved by a final rule published on April 9, 2010 (75 FR 18111). E:\FR\FM\21JYP1.SGM 21JYP1 Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Proposed Rules Lhorne on DSK30JT082PROD with PROPOSALS Definitions This action would remove the following definitions from 50 CFR 300.101: ‘‘Antarctic finfish’’ would be removed because the list of species in the current definition contains only a subset of all Antarctic finfish species and also because the AMLR regulations do not reference this term. ‘‘Directed fishing’’ would be removed because the sections that refer to this term, gear disposal and mesh size provisions, are being removed through this rulemaking for reasons stated below. ‘‘Port State’’ would be removed because the AMLR regulations do not reference this term. This action would revise the following definitions in 50 CFR 300.101: ‘‘Centralized Vessel Monitoring System (C–VMS)’’ and ‘‘Vessel Monitoring System (VMS)’’ would be revised and updated to more accurately describe these systems. For example, C– VMS is operated by the Secretariat of CCAMLR and receives position and other information from mobile transceiver units on vessels, either directly or through the flag State, but these aspects are not reflected in the current definition. The updated VMS definition would reflect the current use of enhanced mobile transceiver units, which have replaced mobile transceiver units. The revised definition reflects how such units are linked to satellites and provide automatic reports of positional and other information. ‘‘Convention waters’’ would be revised to ‘‘Convention Area’’ throughout the subpart to be consistent with terminology used in the Convention and in Commission adopted conservation measures. ‘‘Dealer’’ is currently defined as the person who first receives AMLR from a harvesting vessel or transshipment vessels or who imports AMLR into, or re-exports AMLR from, the United States. It would be modified to mean the person who imports AMLR into, or exports or re-exports AMLR from, the United States. It would no longer include persons that first receive AMLR from a harvesting vessel or transshipment vessel. See below for explanation of a new definition of ‘‘first receiver.’’ ‘‘Dissostichus catch document (DCD)’’ would be revised to update the term to reflect changes in Conservation Measure 10–05. These revisions are explained further below. ‘‘Landing or landed’’ would be revised, for purposes of catch documentation requirements to be VerDate Sep<11>2014 15:00 Jul 20, 2016 Jkt 238001 implemented under section 300.106, in accordance with the definition provided in Conservation Measure 10–05. ‘‘Mobile transceiver unit’’ would be changed to ‘‘enhanced mobile transceiver unit or EMTU’’ to reflect the current technology of these systems which includes two-way communication functionality. ‘‘Real-time’’ would be revised to reflect revisions to Conservation Measure 10–04 that were adopted at the 2015 annual CCAMLR meeting. Conservation Measure 10–04 had required all vessels in the Convention Area to report positions at 4-hour intervals, but now requires position reporting from vessels in the Convention Area on an hourly basis for finfish fisheries and, as of December 1, 2019, for all other fisheries. ‘‘Scientific research activity’’ would be removed for consistency with proposed changes to § 300.103 which applies to scientific research conducted in the Convention Area. As discussed further below, revisions to regulations on scientific research conducted in the Convention Area are necessary to implement Conservation Measure 24–01 which sets forth how conservation measures apply to scientific research and requires reporting of certain research activities to the Commission. ‘‘Transship or transshipment’’ which currently, with some exceptions, means the transfer of fish or fish products from one vessel to another would be revised to reflect how that term is defined in Conservation Measure 10–09, the measure that requires notification of transshipment activities in the Convention Area. The definition would be further revised to be consistent with the definition of transshipment, provided in Conservation Measure 10– 05, for purposes related to catch documentation to be implemented under proposed § 300.106. The action would add the following definitions: ‘‘First receiver’’ would be defined as the person who first receives AMLRs landed from a vessel licensed under § 300.107 at a U.S. port. This term is added to make a clear distinction between dealers and first receivers. This distinction is needed because dealers of AMLR will be subject to permitting requirements under the rule for electronic reporting of trade documentation (80 FR 81251, December 29, 2015) when that rule is finalized. As explained further below, first receivers of AMLR will continue to be subject to permitting requirements under the AMLRCA regulations. ‘‘Dissostichus export document (DED)’’ and ‘‘Dissostichus re-export PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 47327 document (DRED)’’ would be added to implement revisions to Conservation Measure 10–05. Currently, the regulations use the term ‘‘Dissostichus catch document’’ to include export and re-export documents, as well as documentation of harvest, transshipment, and landing. The new terminology clarifies that the DED documents export information and the DRED documents re-export information. The ‘‘Dissostichus catch document’’ or ‘‘DCD’’ would be defined as a document that includes information related to harvest, transshipment, and landing. Section 300.103 Scientific Research This proposed rule would revise the research notification requirements and remove paragraphs that refer to an obsolete section. These revisions are necessary to reflect Commission adopted revisions to Conservation Measure 24–01 which applies to scientific research in the Convention Area. Currently, persons planning to use a vessel for research purposes, who expect to catch less than 50 tonnes (metric tons) of AMLR, must provide notification to the Assistant Administrator at least 2 months in advance of planned research. Where catch is expected to be more than 50 tonnes, this notification must be provided at least 7 months in advance of the planned starting date for the research. In this proposed rule, these advance notification requirements would apply if expected catches are one tonne or more of finfish or krill, or when gear other than longline, trawl, or pot would be used to catch Dissostichus spp. For clarity, this rule would add Table 1 to the regulations, which would identify taxa-specific thresholds for advance notification of research vessel activity. Advance notification at least 2 months before the planned start of research fishing would be required for amounts of expected catch that are less than 50 tonnes of finfish in a season and no more than the amounts specified in Table 1. Advance notification of at least 7 months would be required for research that would involve expected catches more than 50 tonnes or more than the amounts specified in Table 1. CCAMLR Formats would need to be used in providing the notifications to the Assistant Administrator. The proposed rule would also require that research fishing not proceed until the Assistant Administrator authorizes the person in writing that he or she may proceed when the expected catch is more than 50 tonnes of fish or greater than the amounts specified in Table 1. Such authorization may be provided E:\FR\FM\21JYP1.SGM 21JYP1 47328 Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Proposed Rules Lhorne on DSK30JT082PROD with PROPOSALS after the completion of review of the scientific research plan by the CCAMLR Scientific Committee and the Commission. Section 300.104 International Fisheries Trade Permits and AMLR First Receiver Permits The provisions related to AMLR dealer permits and preapprovals are currently combined. This proposed rule would clearly separate these processes because the preapproval process applies only to imports of frozen Dissostichus spp. and not to imports of fresh Dissostichus spp. or other AMLR species. As explained above, this proposed rule would also revise the definition of a ‘‘dealer’’ and establish a definition for ‘‘first receiver.’’ This would enable NMFS to apply different requirements for dealer activities (importing/exporting/re-exporting AMLR) and first receiver activities (i.e., receiving AMLR, that have not previously been landed, from a harvesting or transshipment vessel at a U.S. port of landing). Through the proposed rule for electronic reporting of trade documentation (80 FR 81251, December 29, 2015), NOAA would establish an International Fisheries Trade Permit (IFTP) for the import, export, and re-export of AMLR and other regulated seafood commodities that are subject to trade monitoring programs of regional fishery management organizations or arrangements and/or subject to trade documentation requirements under domestic law. The IFTP would replace the AMLR dealer permit. The IFTP would cover activities currently authorized under an AMLR dealer permit but would not apply to first receivers of AMLR. Accordingly, in anticipation of establishment of the IFTP, this proposed rule would establish a permit requirement and procedure for first receivers of AMLR that is distinct and separate from the requirement and procedure for AMLR dealers. This will enable NMFS to continue to monitor and obtain information about first receiver activities. Current regulations (50 CFR 300.114(k)) allow foreign entities to possess a dealer permit on the condition that the entity designate and maintain a resident agent within the United States that is authorized to accept service of process on behalf of that entity. NMFS proposes to remove section 300.114(k), as the proposed rule for electronic reporting of trade documentation (80 FR 81251, December 29, 2015) would require any person (including a resident agent of a nonresident corporation) who VerDate Sep<11>2014 15:00 Jul 20, 2016 Jkt 238001 imports, exports or re-exports AMLR to have a valid IFTP. Section 300.105 Preapproval for importation of Frozen Dissostichus Species As mentioned, this proposed rule would create a separate section for the procedures related to issuance of a preapproval certificate for imports of frozen Dissostichus spp. This proposed rule would also change the preapproval certificate application deadline for imports of frozen Dissostichus spp. from 15 to 10 working days before the anticipated date of importation to provide a more reasonable timeframe for submitting applications while still allowing sufficient time for NMFS to evaluate them. The proposed rule includes clarification regarding when NMFS will not issue a preapproval certificate for importation of frozen Dissostichus spp., e.g., when the Dissostichus spp. was harvested or transshipped in contravention of any CCAMLR conservation measure in force at the time of harvest or transshipment. The proposed rule includes additional minor, non-substantive changes to clarify the requirements related to the importation of frozen Dissostichus spp. Under this proposed rule, NMFS would continue to charge a fee for reviewing and processing applications for a preapproval certificate that authorizes importation of a shipment of frozen Dissositichus spp. The methodology for calculating the fee is based on procedures in the NOAA Finance Handbook for determining administrative costs of special products and services. See NOAA Finance Handbook at Chapter 9, Section 10, ‘‘Instructions for Completing the NOAA Product/Service Cost Computation Form.’’ The NOAA Finance Handbook may be obtained by contacting NMFS (see ADDRESSES) or online at the NOAA’s Office of the Chief Financial Officer website: http:// www.corporateservices.noaa/gov/noaa/ cfohome.html. Section 300.106 Catch Documentation Scheme (CDS) Documentation and Other Requirements This proposed rule would provide a distinct section in the regulations for requirements under Conservation Measure 10–05, CCAMLR’s electronic Catch Documentation Scheme (CDS). CCAMLR’s CDS allows tracking of Dissostichus spp. from harvest through the trade cycle, including transhipment, landing, import, export, and re-export. For imports of fresh Dissostichus, spp., a report of the shipment will need to be submitted to NMFS even if the amount PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 or value of the Dissostichus spp. is below the threshold that triggers the requirement to file entry documentation with U.S. Customs and Border Protection. The proposed section 300.106 would contain a number of existing requirements related to CDS documents, such as the following: vessels masters must provide information on the harvest or transshipment of Dissostichus spp. and submit the DCD to NMFS and to each recipient of the catch; upon landing, first receivers must sign the DCD; and dealers must obtain necessary signatures, check the quantity of toothfish with that list on the DED or DRED and provide the DED and DRED and other information when importing, exporting, or re-exporting Dissostichus spp. The DED and DRED are new terms that the Commission incorporated into Conservation Measure 10–05 in 2014. This proposed rule would remove from the regulations the list of information specified in the applications for re-export of Dissostichus spp. because that information is captured in the application form that must be completed in order to receive approval to re-export or export Dissostichus spp. Section 300.107 Vessel Permits and Requirements This proposed rule would replace the term ‘‘harvesting permits’’ with ‘‘vessel permits.’’ NMFS proposes this change to ensure that the terminology encompasses vessels that engage in harvesting or associated activities such as transshipment at sea in support of harvesting. Transshipment vessels are currently required to obtain a ‘‘havesting permit’’ and thus this change in terminology would clarify but not change the scope of requirement. To allow time for NMFS to review permit applications and provide information to the Commission Secretariat, if appropriate, by the June 1 deadline for some fisheries, this proposed rule would change the deadline for vessel permit applications to April 1 that precedes the fishing season (generally December 1 to November 30) in which the fishing or associated activities are expected to occur. The current deadline in the regulation is June 1, which does not allow any time for review by NMFS prior to the deadline for submission of fishing notitifications to CCAMLR. Under this proposed rule, NMFS would accept vessel permit applications only for U.S. vessels that have been issued an International Maritime Organization or IMO number, consistent with Commission adopted revisions to Conservation Measure 10–02. IMO E:\FR\FM\21JYP1.SGM 21JYP1 Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Proposed Rules numbers are unique vessel identifiers that remain with the vessel and allow for tracking of the vessel regardless of any changes to its name, call sign, flag or other identifying information. This proposed rule would add 300.107(k) to implement Conservation Measure 10–09, which applies to transshipments in the Convention Area. Under proposed 300.107(k), a vessel operator would be required to provide advance notification of any transshipment within the Convention Area, of AMLRs or of any other goods or materials, to the CCAMLR Secretariat directly and to submit a confirmation of such notification to NMFS Headquarters. Additionally, this proposed rule would remove regulatory text codified at § 300.115 regarding the appointment of a designated representative for holders of permits authorizing fishing in Subarea 48.3. This requirement will be included as a vessel permit condition if necessary and applicable to the authorized fishery and gear types. Lhorne on DSK30JT082PROD with PROPOSALS Section 300.108 Vessel and Gear Identification This proposed rule would revise existing regulations to implement Commission adopted revisions to Conservation Measure 10–01 related to the marking of fishing vessels and fishing gear. Previously, this conservation measure required that fishing vessels be marked so that they can be readily identified, in accordance with internationally recognized standards such as the FAO Standard Specifications and Guidelines for the Marking and Identification of Fishing Vessels. Revisions to the conservation measure now specify the location, coloring, size, and maintenance requirements for vessel and gear markings, and the proposed rule includes these requirements. Section 300.109 Initiating a New Fishery This proposed rule would revise the deadline for notification of intent to participate in a new fishery to ensure that NMFS is able to satisfy the requirements of Conservation Measure 21–01 (Notification that members are Considering Initiating a New Fishery). Per this proposed rule, the deadline would be changed from July 1 to April 1 that precedes the fishing season (generally December 1 to November 30) in which the fishing activities are expected to occur. This revision would provide NMFS time to review the information provided by the applicant before submittal to the Commission Secretariat. Because Conservation VerDate Sep<11>2014 15:00 Jul 20, 2016 Jkt 238001 Measure 21–01 requires that Commission members submit to the Commission Secretariat information about the vessel proposing to participate in a new fishery, this proposed rule requires that the notification shall be accompanied by a complete vessel permit application, which includes the requisite vessel information. Because bottom trawling on the high seas of the Convention Area is considered a new fishery under Conservation Measure 21– 01, this proposed rule would add to § 300.109 a requirement to provide information on any fishery that uses bottom trawl gear. This proposed rule revises section 300.109(c)(1) to reflect requirements in Conservation Measure 21–01 to provide a maximum catch level for the forthcoming season instead of the current regulation requiring ‘‘minimum level of catches that would be required to develop a viable fishery.’’ Section 300.110 Exploratory Fisheries This proposed rule would revise the deadline for notification of intent to participate in an exploratory fishery to ensure that NMFS is able to satisfy the requirements of Conservation Measure 21–02 (Exploratory Fisheries). The deadline would be changed from July 1 to April 1 that precedes the fishing season (generally December 1 to November 30) in which the fishing activities are expected to occur. This revision would provide NMFS time to review the information prior to submission to the Commission Secretariat. Because Conservation Measure 21–02 requires that Commission members submit information about the vessel proposing to participate in an exploratory fishery to the Commission Secretariat, this rule would require that the notification shall be accompanied by a complete vessel permit application, which includes the requisite vessel information. Proposed section 300.110(e) would also require that additional information be submitted with the notification so that the United States can comply with Conservation Measure 21–02 when notifying the Commission about the permittee’s intent to participate in an exploratory fishery. Section 300.111 Scientific Observers This proposed rule would maintain but reorganize the requirements related to carrying of scientific observers aboard U.S. vessels permitted to harvest AMLR in the Convention Area. Section 300.113 CCAMLR Ecosystem Monitoring Program Sites This proposed rule would remove the duration and permit modification PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 47329 request elements of the regulation that implements Conservation Measure 91– 01 (CCAMLR Ecosystem Management Program). Duration would be specified within the CCAMLR Ecosystem Monitoring Program (CEMP) permit itself rather than by regulation. Persons seeking any modifications of their permit before it expires would need to submit a new application. This proposed 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 Conservation Measure 91–01. Additionally, this rule would remove the phrase ‘‘when it enters into force’’ in reference to the Protocol on Environmental Protection to the Antarctic Treaty and its Annexes because they have entered into force. Section 300.114 Prohibitions This proposed rule would revise § 300.114, Prohibitions, by removing text regarding gear restrictions on trawl mesh size and requirements to use measures to minimize incidental mortality of seabirds and marine mammals. NMFS would implement these measures as conditions to a vessel permit if applicable to the authorized fishery and gear type. The regulations would continue to specify under proposed 300.114(l) that it is unlawful for any person to violate or attempt to violate the conditions of any permit issued under AMLRCA. Additionally, to be consistent with the IUU Fishing Enforcement Act amendments to AMLRCA section 306, 16 U.S.C. 2435, noted above, this rule would revise § 300.114 by: (1) Removing the words ‘‘knew or should have known’’ from the prohibition in 300.114(d) relating to trade in AMLR harvested in violation of a conservation measure that is in force with respect to the United States; and, (2) amending 300.114(e) and (h) to add ‘‘investigation’’ to make it unlawful for a person to refuse to allow any authorized officer to board a vessel for that purpose. Implementation of New or Revised Conservation Measures Adopted and Notified by the Commission Proposed section 300.102(d) of this rule would clarify that NMFS may apply exemptions to Administrative Procedure Act (APA) requirements when implementing conservation measures that have been adopted and notified by the Commission. This proposed approach would apply only to conservation measures that do not require the development of policy options or a regulatory framework. E:\FR\FM\21JYP1.SGM 21JYP1 Lhorne on DSK30JT082PROD with PROPOSALS 47330 Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Proposed Rules NMFS would provide for notice-andcomment 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. Proposed section 300.102(e) would further clarify that NMFS would generally implement annual or biennial measures as conditions to vessel permits instead of through regulations. Annual or biennial measures are conservation measures that apply to the operation of the Convention’s commercial or exploratory fisheries and include, among other measures, gear, catch, and effort restrictions and time and area closures. (See proposed definition below). These types of measures generally expire after one or two fishing seasons and therefore are referred to as annual or biennial measures. This section provides background and an explanation for the application of APA exemptions, the use of permit conditions, and generally describes the regulations that would be added to codify this approach to implementation of certain conservation measures. NMFS has had different practices for implementation of annual and biennial measures. The Commission adopts these and other conservation measures at its annual meeting, which is usually held in October. Shortly after the conclusion of each annual meeting, the Commission provides members formal notification of adopted conservation measures as required under the Convention’s procedure for member implementation of adopted Conservation Measures at Article IX. Under the Commission’s usual schedule, notification is generally provided within the first few days of November. The fishing season for fisheries managed under the Convention generally commences on December 1 and ends on November 30 of the following year. This tight timing has presented challenges for NMFS in implementing annual and biennial measures in a timely manner. NMFS has taken a few different approaches to address those challenges. Until 1996, NMFS promulgated regulations to implement adopted annual measures. In May of 1996, NMFS adopted a framework under which annual measures were implemented by regulatory notice rather than codified regulations. In April of 2010, NMFS rescinded that framework and stated that Commission adopted measures would be implemented through regulations or permit conditions as appropriate. The approach in this proposed rule— use APA exemptions and permit VerDate Sep<11>2014 15:00 Jul 20, 2016 Jkt 238001 conditions—will help to expedite implementation of annual or biennial measures and other conservation measures with respect to vessels of the United States and persons subject to United States jurisdiction. The APA generally requires prior notice of and an opportunity to comment on proposed rules, and a 30-day delay in effectiveness of final rules. 5 U.S.C. 553(b)–(d). However, there are two APA exemptions that NMFS may apply in implementation of conservation measures. First, because NMFS implements Commission adopted measures to satisfy the obligations of the United States under the Convention, the APA foreign affairs function exception, 5 U.S.C. 553(a)(1), is available. Second, the IUU Fishing Enforcement Act explicitly added to AMLRCA an exemption from APA rulemaking requirements under 5 U.S.C. 553(b)–(d). Public Law 114–81, Title I, 106(2)(B); 16 U.S.C. 2436(b). The exemption may be applied only to implement Commission adopted measures that have been ‘‘in effect for 12 months or less.’’ Id.; 16 U.S.C. 2436(b)(1)(A). NMFS proposes to interpret this ‘‘in effect’’ text as meaning the 12-month period that commences when the Commission provides notice of adopted conservation measures under Article IX of the Convention. Proposed section 300.102(d) would provide that NMFS may apply either the APA foreign affairs function exception or the AMLRCA APA rulemaking exemption when implementing conservation measures that have been adopted and notified by the Commission. In either case, this proposed approach would apply only to conservation measures that do not require the development of policy options or a regulatory framework. Proposed section 300.102(e) would provide that NMFS may implement annual and biennial measures as conditions to vessel permits instead of through regulations. Use of permit conditions would provide actual notice of the annual and biennial measures, consistent with the APA. See 5 U.S.C. 551(a)(1). Proposed section 300.101 of the rule would define ‘‘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. Consistent with this approach, this rule would remove existing regulations that implemented measures that NMFS PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 intends to implement via permit condition, specifically, restrictions on gear disposal and mesh size. NMFS notes that the APA exemption under AMLRCA applies only when the United States does not object to a measure. See 16 U.S.C. 2436(b)(1)(C) (applying exemption to conservation measures ‘‘with respect to which the Secretary of State, does not notify [sic] Commission in accordance with section 305(a)(1) within the time period allotted for objections under Article IX of the Convention’’ (emphasis added)). However, NMFS believes the introductory paragraph of section 2436(b)(1) as enacted by Congress has a typographical error: It refers to the exemption applying when the Secretary of State ‘‘notifies’’ the Commission of an objection. This does not make sense; the text should say ‘‘does not notify’’ as does section 2436(b)(1)(C). NMFS interprets the APA exemption consistent with AMLRCA section 2436(b)(1)(C). NMFS also notes that, if implementation of a Commission adopted measure is exempt from APA rulemaking requirements, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., would also be inapplicable to those actions. NMFS welcomes public comment on this proposed approach to implementation of Commission adopted measures and the regulations that would implement this approach under sections 300.102(d) and (e). Classification Antarctic Marine Living Resources Convention Act of 1984 The NMFS Assistant Administrator has determined that this proposed rule is consistent with the Antarctic Marine Living Resources Convention Act, codified at 16 U.S.C. 2431 et seq., subject to further consideration following public comment. Executive Order 12866 This rule has been determined to be not significant for purposes of Executive Order 12866. 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) that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. This proposed rule would further modify the AMLR regulations as E:\FR\FM\21JYP1.SGM 21JYP1 Lhorne on DSK30JT082PROD with PROPOSALS Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Proposed Rules proposed in the rule for electronic reporting of trade documentation (80 FR 81251, December 29, 2015). It would reorganize the regulations related to the trade of Antarctic marine living resources (AMLR) and those that apply to fishing activities; establish a distinction between first receivers and dealers of AMLR to ensure that NMFS is able to regulate the activities of first receivers when dealer activities are regulated under the rule for electronic reporting of trade documentation; change the regulatory deadlines including the requirement for advance notice of intended fishing activities from June 1 to April 1 to allow NMFS time for review of vessel permit applications and associated information prior to submitting to the CCAMLR Secretariat by its deadline of June 1; require advance notification of transshipments of AMLR, bait, or fuel or other goods; and change the advance notice deadline for imports of toothfish (Dissostichus spp.) from 15 to 10 working days to provide a more reasonable timeframe for such advance notice while still allowing time for NMFS to verify information. Additionally, the proposed rule would implement the following revised elements of CCAMLR conservation measures: • Reporting requirements for vessels that conduct scientific research activities in the Convention Area; • A requirement that Contracting Parties provide IMO numbers for their flagged vessels that it authorizes to fish in the CCAMLR area; • Terminology changes relating to the Dissostichus Catch Documentation Scheme (CDS) and providing for the use of the electronic CDS; and • Specifications for the identification markings to be put on vessels and gear. The proposed rule also revises regulations that specify prohibitions or unlawful acts to be consistent with the IUU Fishing Enforcement Act of 2015 amendments to AMLRCA section 306. Specifically, this rule proposes to (1) remove the words ‘‘knew or should have known’’ from the prohibition in 300.114(d) relating to trade in AMLR harvested in violation of a conservation measure that is in force with respect to the United States; and, (2) amending 300.114(e) and (h) to add ‘‘investigation’’ to make it unlawful for a person to refuse to allow any authorized officer to board a vessel for that purpose. The proposed rule would also establish regulations that would allow NMFS to implement CCAMLR adopted annual or biennial conservation measures through vessel permit VerDate Sep<11>2014 15:00 Jul 20, 2016 Jkt 238001 conditions rather than regulations. Lastly, the proposed rule would clarify certain regulatory requirements, and remove or update outdated items, such as references to previously deleted sections, and outdated web and mailing addresses. This proposed rule would impact U.S. flagged vessels operating in the Convention Area and first receivers and dealers of AMLR. During the past several years, there have been no U.S. flagged vessels operating in the Convention Area and no U.S. entities that first receive AMLRs, but there are approximately 45 dealers who could fall within the scope of NMFS’s AMLRCA regulations. Although NMFS does not have access to data about the business sizes of dealers that would be impacted by this proposed rule, it is likely that the majority would be considered small entities under the ‘‘Small Business Size Regulations’’ established by the SBA under 13 CFR 121.201. Although all regulated entities are considered small under the SBA size standard, this rule is expected to have no economic impact on these regulated entities. The creation of a distinction between first receivers and dealers of AMLR and a modification of the deadline for advance notification for imports of toothfish are administrative provisions that would only minimally change dealer practices and are not expected to change dealer costs or revenues, and thus they are expected to be cost neutral. Other proposed changes applicable to fishing operations are also expected to be cost neutral as they do not add new requirements but rather only make technical changes. These proposed changes include the change in the deadline for advance notification of intended fishing practices, revisions to requirements for scientific research fishing, and vessel marking. The requirement for advance notification for transshipments may involve some cost for transmitting information to the CCAMLR Secretariat and NMFS but, given that there have been no U.S. vessels harvesting or transshipping under these regulations for several years, any cost impacts of this requirement is expected to be absorbed into the overall, high cost of initiating operation in the Convention Area. NMFS’ proposal that Commission adopted annual or biennial measures be implemented through vessel permits, as appropriate, is an administrative change that is expected to result in a more efficient scheme for regulating entities that fish in the Convention Area. As an administrative change, this approach to implementation of conservation measures would not increase the PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 47331 regulatory burden on entities that are subject to AMLRCA regulations or have any economic effects. Finally, the proposed rule includes technical revisions to existing regulations to make the regulations more concise, better organized, and easier for the public to use. These changes would have little or no economic impact on any small entities. For the above reasons, this proposed rule is not expected to have a significant economic impact on a substantial number of small entities. As a result, a regulatory flexibility analysis was not prepared. Paperwork Reduction Act This proposed rule contains new collection-of-information requirements subject to the Paperwork Reduction Act (PRA). OMB approval of the new collections-of-information is being requested. This proposed rule also contains a collection-of-information approved by OMB under control number 0648–0194. The current, approved collection of information includes permit applications (CEMP, vessel permit, dealer permit, and preapproval of toothfish imports), vessel and gear marking requirements, installation of and reporting through a vessel monitoring unit, import tickets, and other items. This proposed rule would add a requirement to provide advance notification of transshipments of AMLRs, bait, fuel, or other goods and materials to the CCAMLR Secretariat and to submit 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. Public reporting burden for this proposed requirement is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate, or any other aspect of this data collection, including suggestions for reducing the burden, to NMFS (see ADDRESSES) and by email to OIRA_Submission@ omb.eop.gov, or fax to (202) 395–5806. List of Subjects in 50 CFR Part 300 Antarctica, Antarctic marine living resources, Catch documentation scheme, Fisheries, Fishing, Intergovernmental relations, Reporting and recordkeeping requirements. E:\FR\FM\21JYP1.SGM 21JYP1 47332 Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Proposed Rules Dated: July 11, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, NMFS proposes to amend 50 CFR part 300 as follows: PART 300—INTERNATIONAL FISHERIES REGULATIONS 1. Under part 300, further revise subpart G—which was proposed to be amended on December 29, 2015 (80 FR 81251)—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. Lhorne on DSK30JT082PROD with PROPOSALS § 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. § 300.101 Definitions. In addition to the terms defined in § 300.2, in the Act, and in the Convention on the Conservation of Antarctic Marine Living Resources, done at Canberra, Australia, May 7, VerDate Sep<11>2014 15:00 Jul 20, 2016 Jkt 238001 1980 (Convention) the terms used in this subpart have the following meanings for purposes of this subpart. If a term is defined differently in § 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. 50° 50° 45° 45° 55° 55° 60° 60° 50° 50° S. S. S. S. S. S. S. S. S. S. Long. ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ 0. 30° E. 30° E. 80° E. 80° E. 150° E. 150° E. 50° W. 50° W. 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 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 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 § 216.31 of this chapter; or an endangered species permit issued under § 222.21 of this chapter. E:\FR\FM\21JYP1.SGM 21JYP1 Lhorne on DSK30JT082PROD with PROPOSALS Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Proposed Rules 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 § 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 § 300.111. National Seafood Inspection Laboratory (NSIL) means the NMFS laboratory located at 3209 Frederic Street Pascagoula, MS 39567, telephone (228) 769–8964, email PTFReporting@ noaa.gov. 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. VerDate Sep<11>2014 17:39 Jul 20, 2016 Jkt 238001 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 § 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. § 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° 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, PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 47333 NMFS may apply the following exceptions to Administrative Procedures 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 § 300.107, instead of through rulemaking. § 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). E:\FR\FM\21JYP1.SGM 21JYP1 47334 Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Proposed Rules TABLE 1—TAXA-SPECIFIC THRESHOLDS FOR NOTIFICATION OF RESEARCH VESSEL ACTIVITY Taxon Gear type Thresholds for finfish taxa: Dissostichus spp. ................................................ Champsocephalus gunnari ................................. Thresholds for non-finfish taxa: Krill ...................................................................... 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. Lhorne on DSK30JT082PROD with PROPOSALS (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. VerDate Sep<11>2014 22:18 Jul 20, 2016 Jkt 238001 Longline ...................................................................... Trawl ........................................................................... Pot .............................................................................. Other .......................................................................... All ............................................................................... 5 tonnes. 5 tonnes. 5 tonnes. 0 tonnes. 10 tonnes. All ............................................................................... 0.1 percent of the catch limit for a given area. § 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 NMFSissued 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 DEDs/DREDs) as described in § 300.106, and, in the case of shipments of frozen Dissostichus species, a preapproval certificate issued under § 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 § 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 § 300.322 and file required data sets electronically with Customs and Border Protection (CBP) at the time, or in advance, of importation, exportation or reexportation. ‘‘Required data set’’ has the same meaning as § 300.321 (see definition of ‘‘Documentation and data sets required’’). See § 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 § 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 PO 00000 Expected catch Frm 00022 Fmt 4702 Sfmt 4702 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 § 300.107 as well as a valid High Seas Fishing Permit issued under 50 CFR subpart Q. (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. The person to whom NMFS issued an AMLR first receiver permit must report any change in previously submitted information to the Assistant Administrator in writing within 15 days of the change. Based on such reported information, the Assistant Administrator may revise the permit effective upon notification to the permit holder. E:\FR\FM\21JYP1.SGM 21JYP1 Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Proposed Rules (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 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. Lhorne on DSK30JT082PROD with PROPOSALS § 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. VerDate Sep<11>2014 15:00 Jul 20, 2016 Jkt 238001 (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. (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; PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 47335 (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 (4) Accompanied by inaccurate, incomplete, invalid, or improperly validated CDS documentation or by a SVDCD. § 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 § 300.107, a valid High Seas Fishing Permit issued under 50 CFR subpart Q, 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 E:\FR\FM\21JYP1.SGM 21JYP1 Lhorne on DSK30JT082PROD with PROPOSALS 47336 Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Proposed Rules 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 § 300.107 and a valid High Seas Fishing Permit issued under subpart Q 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 § 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 § 300.107 as well as a valid High Seas Fishing Permit issued under 50 CFR subpart Q. (e) Import. (1) A person who imports fresh Dissostichus species must hold an IFTP issued under § 300.322. To import frozen Dissostichus species into the United States, a person must: (i) Obtain a preapproval certificate issued under § 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 VerDate Sep<11>2014 15:00 Jul 20, 2016 Jkt 238001 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; (iii) Provide copies of the DED or DRED as needed to persons who reexport 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 § 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 § 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 § 300.322 and: (i) Submit to NMFS a complete and accurate NMFS application for a DED. (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 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 available for inspection upon request of an authorized officer. § 300.107 Vessel permits and requirements. (a) General. In addition to the High Seas Fishing Permit requirements at 50 CFR part 300, subpart Q: (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 E:\FR\FM\21JYP1.SGM 21JYP1 Lhorne on DSK30JT082PROD with PROPOSALS Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Proposed Rules 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 VerDate Sep<11>2014 15:00 Jul 20, 2016 Jkt 238001 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 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 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 47337 effective upon notification to the permit holder. (iii) 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. (6) Details of the type and amount of catches and/or other goods, such as food stores and fuel, involved in the transshipment. E:\FR\FM\21JYP1.SGM 21JYP1 47338 Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Proposed Rules (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 portto-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 § 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. Lhorne on DSK30JT082PROD with PROPOSALS § 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 sign from another vessel or from the air. The vessel’s IRCS shall 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 VerDate Sep<11>2014 15:00 Jul 20, 2016 Jkt 238001 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. (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 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 displayed for the vessel’s activity and are properly functioning. § 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 § 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. § 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 § 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; E:\FR\FM\21JYP1.SGM 21JYP1 Lhorne on DSK30JT082PROD with PROPOSALS Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Proposed Rules (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 § 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 § 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 § 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 § 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. VerDate Sep<11>2014 15:00 Jul 20, 2016 Jkt 238001 § 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 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. PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 47339 (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 workrelated 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 E:\FR\FM\21JYP1.SGM 21JYP1 Lhorne on DSK30JT082PROD with PROPOSALS 47340 Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Proposed Rules 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 § 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 VerDate Sep<11>2014 15:00 Jul 20, 2016 Jkt 238001 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 System of 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 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 System of 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 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 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. § 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 § 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. E:\FR\FM\21JYP1.SGM 21JYP1 Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Proposed Rules 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. Lhorne on DSK30JT082PROD with PROPOSALS § 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. VerDate Sep<11>2014 15:00 Jul 20, 2016 Jkt 238001 (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 (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 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 47341 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. E:\FR\FM\21JYP1.SGM 21JYP1 47342 Lhorne on DSK30JT082PROD with PROPOSALS § 300.114 Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Proposed Rules Prohibitions. In addition to the prohibitions in § 300.4, it is unlawful for any person to: (a) Harvest any AMLR without a permit for such activity as required by § 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 the 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 § 300.106; without an IFTP as required by § 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 Commission measures in effect 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. VerDate Sep<11>2014 15:00 Jul 20, 2016 Jkt 238001 (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 § 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 § 300.104, or receive AMLR from a fishing vessel that does not hold a valid vessel permit issued under § 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 § 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. (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. PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 (6) Fish for or process fish without observer coverage required under § 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. E:\FR\FM\21JYP1.SGM 21JYP1 Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Proposed Rules (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. § 300.115 Facilitation of enforcement and inspection. Lhorne on DSK30JT082PROD with PROPOSALS In addition to the facilitation of enforcement provisions of § 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 VerDate Sep<11>2014 15:00 Jul 20, 2016 Jkt 238001 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 Commission 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 § 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 noninspectors present in the Convention Area and subject to the jurisdiction of the United States are encouraged to report any violation of Commission PO 00000 Frm 00031 Fmt 4702 Sfmt 9990 47343 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. § 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. 2016–17129 Filed 7–20–16; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\21JYP1.SGM 21JYP1

Agencies

[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Proposed Rules]
[Pages 47325-47343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17129]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 120201087-6529-01]
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: Proposed rule.

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SUMMARY: NMFS proposes revising the regulations that implement 
conservation measures adopted by the Commission for the Conservation of 
Antarctic Marine Living Resources (CCAMLR or Commission). These 
revisions would be in addition to those proposed on December 29, 2015, 
that would revise procedures and requirements for filing import, 
export, and re-export documentation for certain fishery products, to 
integrate the collection of trade documentation within the government-
wide International Trade Data System (ITDS) and require electronic 
information collection. The purposes of the revisions in this proposed 
rule are to streamline and clarify the regulations, shift deadlines for 
advance notice of intended fishing activities, distinguish between 
first receivers and dealers of Antarctic marine living resources 
(AMLR), reduce the time for advance notice of imports of Dissostichus 
species, and add transshipment notification requirements. The sections 
of these regulations would be reorganized to group requirements related 
to the trade of Antarctic marine living resources and those that apply 
to fishing activities. Additionally, this action would update 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: Written comments must be received by August 22, 2016.

ADDRESSES: Written comments on this action, identified by NOAA-NMFS-
2016-0076, may be submitted by either of the following methods:
    Electronic Submissions: Submit all electronic public comments via 
the Federal eRulemaking Portal Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0076, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
    Mail: Mi Ae Kim, Office of International Affairs and Seafood 
Inspection, National Marine Fisheries Service, 1315 East-West Highway, 
Silver Spring, MD 20910.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Mi Ae Kim, Office of International 
Affairs and Seafood Inspection, NMFS (phone 301-427-8365, fax 301-713-
2313, or email mi.ae.kim@noaa.gov).

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

[[Page 47326]]

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 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). 
The amendments to sections 306 and 307 are further discussed below; no 
regulatory changes are necessary to implement the amendments to section 
308(a).
    At each annual meeting, the Commission may adopt new conservation 
measures or revise existing measures. The current and past versions of 
the conservation measures are available on the Commission Web site: 
http://www.ccamlr.org. The conservation measures are organized by 
categories, including compliance, general fishery matters, fishery 
regulations, and protected areas, with each category designated by a 
two-digit code. While all conservation measures are subject to revision 
at the annual meeting, some (particularly those in the fishery 
regulation category) 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 would reorganize, streamline, and update 
the regulations that implement AMLRCA and Commission adopted 
conservation measures. These revisions would be in addition to those 
proposed in 80 FR 81251, December 29, 2015, hereinafter referred to as 
the rule for electronic reporting of trade documentation, which 
integrates the collection of trade documentation within the government-
wide ITDS and requires 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 generally will be implemented through vessel permits if 
applicable to the permitted fishing activities. Table 1 identifies how 
the sections of the current regulations will be designated by this 
action.

     Table 1--Proposed Reorganization of 50 CFR Part 300, Subpart G
------------------------------------------------------------------------
           Current structure                   Proposed designation
------------------------------------------------------------------------
300.100 Purpose and scope..............  Same.
300.101 Definitions....................  Same.
300.102 Relationship to other treaties,  Same.
 conventions, laws, and regulations.
300.103 Procedure for according          Moved to 300.113.
 protection to CEMP Sites.
300.104 Scientific research............  Moved to 300.103.
300.105 Initiating a new fishery.......  Moved to 300.109.
300.106 Exploratory fisheries..........  Moved to 300.110.
300.107 Reporting and recordkeeping      DCD Requirements moved to
 requirements.                            300.106 and first receiver and
                                          vessel reporting and
                                          recordkeeping requirements
                                          moved to 300.104 and 300.107,
                                          respectively.
300.108 Vessel and gear identification.  Same.
300.109 Gear disposal..................  Removed.
300.110 Mesh size......................  Removed.
300.112 Harvesting permits.............  Moved to 300.107.
300.113 Scientific observers...........  Moved to 300.111.
300.114 Dealer permits and preapproval.  Moved to 300.104 (permits) and
                                          300.105 (preapprovals).
300.115 Appointment of a designated      Removed.
 representative.
300.116 Requirements for a vessel        Moved to 300.112.
 monitoring system for U.S. vessels.
300.117 Prohibitions...................  Moved to 300.114.
300.118 Facilitation of enforcement and  Moved to 300.115.
 inspection.
300.119 Penalties......................  Moved to 300.116.
------------------------------------------------------------------------

    This proposed rule would delete all references from the current 
version of the AMLR regulations to section 300.111 which was removed 
and reserved by a final rule published on April 9, 2010 (75 FR 18111).

[[Page 47327]]

Definitions

    This action would remove the following definitions from 50 CFR 
300.101:
    ``Antarctic finfish'' would be removed because the list of species 
in the current definition contains only a subset of all Antarctic 
finfish species and also because the AMLR regulations do not reference 
this term.
    ``Directed fishing'' would be removed because the sections that 
refer to this term, gear disposal and mesh size provisions, are being 
removed through this rulemaking for reasons stated below.
    ``Port State'' would be removed because the AMLR regulations do not 
reference this term.
    This action would revise the following definitions in 50 CFR 
300.101:
    ``Centralized Vessel Monitoring System (C-VMS)'' and ``Vessel 
Monitoring System (VMS)'' would be revised and updated to more 
accurately describe these systems. For example, C-VMS is operated by 
the Secretariat of CCAMLR and receives position and other information 
from mobile transceiver units on vessels, either directly or through 
the flag State, but these aspects are not reflected in the current 
definition. The updated VMS definition would reflect the current use of 
enhanced mobile transceiver units, which have replaced mobile 
transceiver units. The revised definition reflects how such units are 
linked to satellites and provide automatic reports of positional and 
other information.
    ``Convention waters'' would be revised to ``Convention Area'' 
throughout the subpart to be consistent with terminology used in the 
Convention and in Commission adopted conservation measures.
    ``Dealer'' is currently defined as the person who first receives 
AMLR from a harvesting vessel or transshipment vessels or who imports 
AMLR into, or re-exports AMLR from, the United States. It would be 
modified to mean the person who imports AMLR into, or exports or re-
exports AMLR from, the United States. It would no longer include 
persons that first receive AMLR from a harvesting vessel or 
transshipment vessel. See below for explanation of a new definition of 
``first receiver.''
    ``Dissostichus catch document (DCD)'' would be revised to update 
the term to reflect changes in Conservation Measure 10-05. These 
revisions are explained further below.
    ``Landing or landed'' would be revised, for purposes of catch 
documentation requirements to be implemented under section 300.106, in 
accordance with the definition provided in Conservation Measure 10-05.
    ``Mobile transceiver unit'' would be changed to ``enhanced mobile 
transceiver unit or EMTU'' to reflect the current technology of these 
systems which includes two-way communication functionality.
    ``Real-time'' would be revised to reflect revisions to Conservation 
Measure 10-04 that were adopted at the 2015 annual CCAMLR meeting. 
Conservation Measure 10-04 had required all vessels in the Convention 
Area to report positions at 4-hour intervals, but now requires position 
reporting from vessels in the Convention Area on an hourly basis for 
finfish fisheries and, as of December 1, 2019, for all other fisheries.
    ``Scientific research activity'' would be removed for consistency 
with proposed changes to Sec.  300.103 which applies to scientific 
research conducted in the Convention Area. As discussed further below, 
revisions to regulations on scientific research conducted in the 
Convention Area are necessary to implement Conservation Measure 24-01 
which sets forth how conservation measures apply to scientific research 
and requires reporting of certain research activities to the 
Commission.
    ``Transship or transshipment'' which currently, with some 
exceptions, means the transfer of fish or fish products from one vessel 
to another would be revised to reflect how that term is defined in 
Conservation Measure 10-09, the measure that requires notification of 
transshipment activities in the Convention Area. The definition would 
be further revised to be consistent with the definition of 
transshipment, provided in Conservation Measure 10-05, for purposes 
related to catch documentation to be implemented under proposed Sec.  
300.106.
    The action would add the following definitions:
    ``First receiver'' would be defined as the person who first 
receives AMLRs landed from a vessel licensed under Sec.  300.107 at a 
U.S. port. This term is added to make a clear distinction between 
dealers and first receivers. This distinction is needed because dealers 
of AMLR will be subject to permitting requirements under the rule for 
electronic reporting of trade documentation (80 FR 81251, December 29, 
2015) when that rule is finalized. As explained further below, first 
receivers of AMLR will continue to be subject to permitting 
requirements under the AMLRCA regulations.
    ``Dissostichus export document (DED)'' and ``Dissostichus re-export 
document (DRED)'' would be added to implement revisions to Conservation 
Measure 10-05. Currently, the regulations use the term ``Dissostichus 
catch document'' to include export and re-export documents, as well as 
documentation of harvest, transshipment, and landing. The new 
terminology clarifies that the DED documents export information and the 
DRED documents re-export information. The ``Dissostichus catch 
document'' or ``DCD'' would be defined as a document that includes 
information related to harvest, transshipment, and landing.

Section 300.103 Scientific Research

    This proposed rule would revise the research notification 
requirements and remove paragraphs that refer to an obsolete section. 
These revisions are necessary to reflect Commission adopted revisions 
to Conservation Measure 24-01 which applies to scientific research in 
the Convention Area. Currently, persons planning to use a vessel for 
research purposes, who expect to catch less than 50 tonnes (metric 
tons) of AMLR, must provide notification to the Assistant Administrator 
at least 2 months in advance of planned research. Where catch is 
expected to be more than 50 tonnes, this notification must be provided 
at least 7 months in advance of the planned starting date for the 
research.
    In this proposed rule, these advance notification requirements 
would apply if expected catches are one tonne or more of finfish or 
krill, or when gear other than longline, trawl, or pot would be used to 
catch Dissostichus spp. For clarity, this rule would add Table 1 to the 
regulations, which would identify taxa-specific thresholds for advance 
notification of research vessel activity. Advance notification at least 
2 months before the planned start of research fishing would be required 
for amounts of expected catch that are less than 50 tonnes of finfish 
in a season and no more than the amounts specified in Table 1. Advance 
notification of at least 7 months would be required for research that 
would involve expected catches more than 50 tonnes or more than the 
amounts specified in Table 1. CCAMLR Formats would need to be used in 
providing the notifications to the Assistant Administrator.
    The proposed rule would also require that research fishing not 
proceed until the Assistant Administrator authorizes the person in 
writing that he or she may proceed when the expected catch is more than 
50 tonnes of fish or greater than the amounts specified in Table 1. 
Such authorization may be provided

[[Page 47328]]

after the completion of review of the scientific research plan by the 
CCAMLR Scientific Committee and the Commission.

Section 300.104 International Fisheries Trade Permits and AMLR First 
Receiver Permits

    The provisions related to AMLR dealer permits and preapprovals are 
currently combined. This proposed rule would clearly separate these 
processes because the preapproval process applies only to imports of 
frozen Dissostichus spp. and not to imports of fresh Dissostichus spp. 
or other AMLR species. As explained above, this proposed rule would 
also revise the definition of a ``dealer'' and establish a definition 
for ``first receiver.'' This would enable NMFS to apply different 
requirements for dealer activities (importing/exporting/re-exporting 
AMLR) and first receiver activities (i.e., receiving AMLR, that have 
not previously been landed, from a harvesting or transshipment vessel 
at a U.S. port of landing). Through the proposed rule for electronic 
reporting of trade documentation (80 FR 81251, December 29, 2015), NOAA 
would establish an International Fisheries Trade Permit (IFTP) for the 
import, export, and re-export of AMLR and other regulated seafood 
commodities that are subject to trade monitoring programs of regional 
fishery management organizations or arrangements and/or subject to 
trade documentation requirements under domestic law. The IFTP would 
replace the AMLR dealer permit. The IFTP would cover activities 
currently authorized under an AMLR dealer permit but would not apply to 
first receivers of AMLR. Accordingly, in anticipation of establishment 
of the IFTP, this proposed rule would establish a permit requirement 
and procedure for first receivers of AMLR that is distinct and separate 
from the requirement and procedure for AMLR dealers. This will enable 
NMFS to continue to monitor and obtain information about first receiver 
activities.
    Current regulations (50 CFR 300.114(k)) allow foreign entities to 
possess a dealer permit on the condition that the entity designate and 
maintain a resident agent within the United States that is authorized 
to accept service of process on behalf of that entity. NMFS proposes to 
remove section 300.114(k), as the proposed rule for electronic 
reporting of trade documentation (80 FR 81251, December 29, 2015) would 
require any person (including a resident agent of a nonresident 
corporation) who imports, exports or re-exports AMLR to have a valid 
IFTP.

Section 300.105 Preapproval for importation of Frozen Dissostichus 
Species

    As mentioned, this proposed rule would create a separate section 
for the procedures related to issuance of a preapproval certificate for 
imports of frozen Dissostichus spp. This proposed rule would also 
change the preapproval certificate application deadline for imports of 
frozen Dissostichus spp. from 15 to 10 working days before the 
anticipated date of importation to provide a more reasonable timeframe 
for submitting applications while still allowing sufficient time for 
NMFS to evaluate them. The proposed rule includes clarification 
regarding when NMFS will not issue a preapproval certificate for 
importation of frozen Dissostichus spp., e.g., when the Dissostichus 
spp. was harvested or transshipped in contravention of any CCAMLR 
conservation measure in force at the time of harvest or transshipment. 
The proposed rule includes additional minor, non-substantive changes to 
clarify the requirements related to the importation of frozen 
Dissostichus spp.
    Under this proposed rule, NMFS would continue to charge a fee for 
reviewing and processing applications for a preapproval certificate 
that authorizes importation of a shipment of frozen Dissositichus spp. 
The methodology for calculating the fee is based on procedures in the 
NOAA Finance Handbook for determining administrative costs of special 
products and services. See NOAA Finance Handbook at Chapter 9, Section 
10, ``Instructions for Completing the NOAA Product/Service Cost 
Computation Form.'' The NOAA Finance Handbook may be obtained by 
contacting NMFS (see ADDRESSES) or online at the NOAA's Office of the 
Chief Financial Officer website: http://www.corporateservices.noaa/gov/noaa/cfohome.html.

Section 300.106 Catch Documentation Scheme (CDS) Documentation and 
Other Requirements

    This proposed rule would provide a distinct section in the 
regulations for requirements under Conservation Measure 10-05, CCAMLR's 
electronic Catch Documentation Scheme (CDS). CCAMLR's CDS allows 
tracking of Dissostichus spp. from harvest through the trade cycle, 
including transhipment, landing, import, export, and re-export. For 
imports of fresh Dissostichus, spp., a report of the shipment will need 
to be submitted to NMFS even if the amount or value of the Dissostichus 
spp. is below the threshold that triggers the requirement to file entry 
documentation with U.S. Customs and Border Protection.
    The proposed section 300.106 would contain a number of existing 
requirements related to CDS documents, such as the following: vessels 
masters must provide information on the harvest or transshipment of 
Dissostichus spp. and submit the DCD to NMFS and to each recipient of 
the catch; upon landing, first receivers must sign the DCD; and dealers 
must obtain necessary signatures, check the quantity of toothfish with 
that list on the DED or DRED and provide the DED and DRED and other 
information when importing, exporting, or re-exporting Dissostichus 
spp. The DED and DRED are new terms that the Commission incorporated 
into Conservation Measure 10-05 in 2014.
    This proposed rule would remove from the regulations the list of 
information specified in the applications for re-export of Dissostichus 
spp. because that information is captured in the application form that 
must be completed in order to receive approval to re-export or export 
Dissostichus spp.

Section 300.107 Vessel Permits and Requirements

    This proposed rule would replace the term ``harvesting permits'' 
with ``vessel permits.'' NMFS proposes this change to ensure that the 
terminology encompasses vessels that engage in harvesting or associated 
activities such as transshipment at sea in support of harvesting. 
Transshipment vessels are currently required to obtain a ``havesting 
permit'' and thus this change in terminology would clarify but not 
change the scope of requirement. To allow time for NMFS to review 
permit applications and provide information to the Commission 
Secretariat, if appropriate, by the June 1 deadline for some fisheries, 
this proposed rule would change the deadline for vessel permit 
applications to April 1 that precedes the fishing season (generally 
December 1 to November 30) in which the fishing or associated 
activities are expected to occur. The current deadline in the 
regulation is June 1, which does not allow any time for review by NMFS 
prior to the deadline for submission of fishing notitifications to 
CCAMLR.
    Under this proposed rule, NMFS would accept vessel permit 
applications only for U.S. vessels that have been issued an 
International Maritime Organization or IMO number, consistent with 
Commission adopted revisions to Conservation Measure 10-02. IMO

[[Page 47329]]

numbers are unique vessel identifiers that remain with the vessel and 
allow for tracking of the vessel regardless of any changes to its name, 
call sign, flag or other identifying information.
    This proposed rule would add 300.107(k) to implement Conservation 
Measure 10-09, which applies to transshipments in the Convention Area. 
Under proposed 300.107(k), a vessel operator would be required to 
provide advance notification of any transshipment within the Convention 
Area, of AMLRs or of any other goods or materials, to the CCAMLR 
Secretariat directly and to submit a confirmation of such notification 
to NMFS Headquarters.
    Additionally, this proposed rule would remove regulatory text 
codified at Sec.  300.115 regarding the appointment of a designated 
representative for holders of permits authorizing fishing in Subarea 
48.3. This requirement will be included as a vessel permit condition if 
necessary and applicable to the authorized fishery and gear types.

Section 300.108 Vessel and Gear Identification

    This proposed rule would revise existing regulations to implement 
Commission adopted revisions to Conservation Measure 10-01 related to 
the marking of fishing vessels and fishing gear. Previously, this 
conservation measure required that fishing vessels be marked so that 
they can be readily identified, in accordance with internationally 
recognized standards such as the FAO Standard Specifications and 
Guidelines for the Marking and Identification of Fishing Vessels. 
Revisions to the conservation measure now specify the location, 
coloring, size, and maintenance requirements for vessel and gear 
markings, and the proposed rule includes these requirements.

Section 300.109 Initiating a New Fishery

    This proposed rule would revise the deadline for notification of 
intent to participate in a new fishery to ensure that NMFS is able to 
satisfy the requirements of Conservation Measure 21-01 (Notification 
that members are Considering Initiating a New Fishery). Per this 
proposed rule, the deadline would be changed from July 1 to April 1 
that precedes the fishing season (generally December 1 to November 30) 
in which the fishing activities are expected to occur. This revision 
would provide NMFS time to review the information provided by the 
applicant before submittal to the Commission Secretariat. Because 
Conservation Measure 21-01 requires that Commission members submit to 
the Commission Secretariat information about the vessel proposing to 
participate in a new fishery, this proposed rule requires that the 
notification shall be accompanied by a complete vessel permit 
application, which includes the requisite vessel information. Because 
bottom trawling on the high seas of the Convention Area is considered a 
new fishery under Conservation Measure 21-01, this proposed rule would 
add to Sec.  300.109 a requirement to provide information on any 
fishery that uses bottom trawl gear. This proposed rule revises section 
300.109(c)(1) to reflect requirements in Conservation Measure 21-01 to 
provide a maximum catch level for the forthcoming season instead of the 
current regulation requiring ``minimum level of catches that would be 
required to develop a viable fishery.''

Section 300.110 Exploratory Fisheries

    This proposed rule would revise the deadline for notification of 
intent to participate in an exploratory fishery to ensure that NMFS is 
able to satisfy the requirements of Conservation Measure 21-02 
(Exploratory Fisheries). The deadline would be changed from July 1 to 
April 1 that precedes the fishing season (generally December 1 to 
November 30) in which the fishing activities are expected to occur. 
This revision would provide NMFS time to review the information prior 
to submission to the Commission Secretariat. Because Conservation 
Measure 21-02 requires that Commission members submit information about 
the vessel proposing to participate in an exploratory fishery to the 
Commission Secretariat, this rule would require that the notification 
shall be accompanied by a complete vessel permit application, which 
includes the requisite vessel information. Proposed section 300.110(e) 
would also require that additional information be submitted with the 
notification so that the United States can comply with Conservation 
Measure 21-02 when notifying the Commission about the permittee's 
intent to participate in an exploratory fishery.

Section 300.111 Scientific Observers

    This proposed rule would maintain but reorganize the requirements 
related to carrying of scientific observers aboard U.S. vessels 
permitted to harvest AMLR in the Convention Area.

Section 300.113 CCAMLR Ecosystem Monitoring Program Sites

    This proposed rule would remove the duration and permit 
modification request elements of the regulation that implements 
Conservation Measure 91-01 (CCAMLR Ecosystem Management Program). 
Duration would be specified within the CCAMLR Ecosystem Monitoring 
Program (CEMP) permit itself rather than by regulation. Persons seeking 
any modifications of their permit before it expires would need to 
submit a new application.
    This proposed 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 Conservation Measure 
91-01. Additionally, this rule would remove the phrase ``when it enters 
into force'' in reference to the Protocol on Environmental Protection 
to the Antarctic Treaty and its Annexes because they have entered into 
force.

Section 300.114 Prohibitions

    This proposed rule would revise Sec.  300.114, Prohibitions, by 
removing text regarding gear restrictions on trawl mesh size and 
requirements to use measures to minimize incidental mortality of 
seabirds and marine mammals. NMFS would implement these measures as 
conditions to a vessel permit if applicable to the authorized fishery 
and gear type. The regulations would continue to specify under proposed 
300.114(l) that it is unlawful for any person to violate or attempt to 
violate the conditions of any permit issued under AMLRCA. Additionally, 
to be consistent with the IUU Fishing Enforcement Act amendments to 
AMLRCA section 306, 16 U.S.C. 2435, noted above, this rule would revise 
Sec.  300.114 by: (1) Removing the words ``knew or should have known'' 
from the prohibition in 300.114(d) relating to trade in AMLR harvested 
in violation of a conservation measure that is in force with respect to 
the United States; and, (2) amending 300.114(e) and (h) to add 
``investigation'' to make it unlawful for a person to refuse to allow 
any authorized officer to board a vessel for that purpose.

Implementation of New or Revised Conservation Measures Adopted and 
Notified by the Commission

    Proposed section 300.102(d) of this rule would clarify that NMFS 
may apply exemptions to Administrative Procedure Act (APA) requirements 
when implementing conservation measures that have been adopted and 
notified by the Commission. This proposed approach would apply only to 
conservation measures that do not require the development of policy 
options or a regulatory framework.

[[Page 47330]]

NMFS would 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.
    Proposed section 300.102(e) would further clarify that NMFS would 
generally implement annual or biennial measures as conditions to vessel 
permits instead of through regulations. Annual or biennial measures are 
conservation measures that apply to the operation of the Convention's 
commercial or exploratory fisheries and include, among other measures, 
gear, catch, and effort restrictions and time and area closures. (See 
proposed definition below). These types of measures generally expire 
after one or two fishing seasons and therefore are referred to as 
annual or biennial measures.
    This section provides background and an explanation for the 
application of APA exemptions, the use of permit conditions, and 
generally describes the regulations that would be added to codify this 
approach to implementation of certain conservation measures.
    NMFS has had different practices for implementation of annual and 
biennial measures. The Commission adopts these and other conservation 
measures at its annual meeting, which is usually held in October. 
Shortly after the conclusion of each annual meeting, the Commission 
provides members formal notification of adopted conservation measures 
as required under the Convention's procedure for member implementation 
of adopted Conservation Measures at Article IX. Under the Commission's 
usual schedule, notification is generally provided within the first few 
days of November. The fishing season for fisheries managed under the 
Convention generally commences on December 1 and ends on November 30 of 
the following year.
    This tight timing has presented challenges for NMFS in implementing 
annual and biennial measures in a timely manner. NMFS has taken a few 
different approaches to address those challenges. Until 1996, NMFS 
promulgated regulations to implement adopted annual measures. In May of 
1996, NMFS adopted a framework under which annual measures were 
implemented by regulatory notice rather than codified regulations. In 
April of 2010, NMFS rescinded that framework and stated that Commission 
adopted measures would be implemented through regulations or permit 
conditions as appropriate.
    The approach in this proposed rule--use APA exemptions and permit 
conditions--will help to expedite implementation of annual or biennial 
measures and other conservation measures with respect to vessels of the 
United States and persons subject to United States jurisdiction. The 
APA generally requires prior notice of and an opportunity to comment on 
proposed rules, and a 30-day delay in effectiveness of final rules. 5 
U.S.C. 553(b)-(d). However, there are two APA exemptions that NMFS may 
apply in implementation of conservation measures. First, because NMFS 
implements Commission adopted measures to satisfy the obligations of 
the United States under the Convention, the APA foreign affairs 
function exception, 5 U.S.C. 553(a)(1), is available.
    Second, the IUU Fishing Enforcement Act explicitly added to AMLRCA 
an exemption from APA rulemaking requirements under 5 U.S.C. 553(b)-
(d). Public Law 114-81, Title I, 106(2)(B); 16 U.S.C. 2436(b). The 
exemption may be applied only to implement Commission adopted measures 
that have been ``in effect for 12 months or less.'' Id.; 16 U.S.C. 
2436(b)(1)(A). NMFS proposes to interpret this ``in effect'' text as 
meaning the 12-month period that commences when the Commission provides 
notice of adopted conservation measures under Article IX of the 
Convention.
    Proposed section 300.102(d) would provide that NMFS may apply 
either the APA foreign affairs function exception or the AMLRCA APA 
rulemaking exemption when implementing conservation measures that have 
been adopted and notified by the Commission. In either case, this 
proposed approach would apply only to conservation measures that do not 
require the development of policy options or a regulatory framework.
    Proposed section 300.102(e) would provide that NMFS may implement 
annual and biennial measures as conditions to vessel permits instead of 
through regulations. Use of permit conditions would provide actual 
notice of the annual and biennial measures, consistent with the APA. 
See 5 U.S.C. 551(a)(1). Proposed section 300.101 of the rule would 
define ``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. Consistent with this approach, this rule 
would remove existing regulations that implemented measures that NMFS 
intends to implement via permit condition, specifically, restrictions 
on gear disposal and mesh size.
    NMFS notes that the APA exemption under AMLRCA applies only when 
the United States does not object to a measure. See 16 U.S.C. 
2436(b)(1)(C) (applying exemption to conservation measures ``with 
respect to which the Secretary of State, does not notify [sic] 
Commission in accordance with section 305(a)(1) within the time period 
allotted for objections under Article IX of the Convention'' (emphasis 
added)). However, NMFS believes the introductory paragraph of section 
2436(b)(1) as enacted by Congress has a typographical error: It refers 
to the exemption applying when the Secretary of State ``notifies'' the 
Commission of an objection. This does not make sense; the text should 
say ``does not notify'' as does section 2436(b)(1)(C). NMFS interprets 
the APA exemption consistent with AMLRCA section 2436(b)(1)(C).
    NMFS also notes that, if implementation of a Commission adopted 
measure is exempt from APA rulemaking requirements, the analytical 
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., 
would also be inapplicable to those actions.
    NMFS welcomes public comment on this proposed approach to 
implementation of Commission adopted measures and the regulations that 
would implement this approach under sections 300.102(d) and (e).

Classification

Antarctic Marine Living Resources Convention Act of 1984

    The NMFS Assistant Administrator has determined that this proposed 
rule is consistent with the Antarctic Marine Living Resources 
Convention Act, codified at 16 U.S.C. 2431 et seq., subject to further 
consideration following public comment.

Executive Order 12866

    This rule has been determined to be not significant for purposes of 
Executive Order 12866.

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) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities.
    This proposed rule would further modify the AMLR regulations as

[[Page 47331]]

proposed in the rule for electronic reporting of trade documentation 
(80 FR 81251, December 29, 2015). It would reorganize the regulations 
related to the trade of Antarctic marine living resources (AMLR) and 
those that apply to fishing activities; establish a distinction between 
first receivers and dealers of AMLR to ensure that NMFS is able to 
regulate the activities of first receivers when dealer activities are 
regulated under the rule for electronic reporting of trade 
documentation; change the regulatory deadlines including the 
requirement for advance notice of intended fishing activities from June 
1 to April 1 to allow NMFS time for review of vessel permit 
applications and associated information prior to submitting to the 
CCAMLR Secretariat by its deadline of June 1; require advance 
notification of transshipments of AMLR, bait, or fuel or other goods; 
and change the advance notice deadline for imports of toothfish 
(Dissostichus spp.) from 15 to 10 working days to provide a more 
reasonable timeframe for such advance notice while still allowing time 
for NMFS to verify information.
    Additionally, the proposed rule would implement the following 
revised elements of CCAMLR conservation measures:
     Reporting requirements for vessels that conduct scientific 
research activities in the Convention Area;
     A requirement that Contracting Parties provide IMO numbers 
for their flagged vessels that it authorizes to fish in the CCAMLR 
area;
     Terminology changes relating to the Dissostichus Catch 
Documentation Scheme (CDS) and providing for the use of the electronic 
CDS; and
     Specifications for the identification markings to be put 
on vessels and gear.
    The proposed rule also revises regulations that specify 
prohibitions or unlawful acts to be consistent with the IUU Fishing 
Enforcement Act of 2015 amendments to AMLRCA section 306. Specifically, 
this rule proposes to (1) remove the words ``knew or should have 
known'' from the prohibition in 300.114(d) relating to trade in AMLR 
harvested in violation of a conservation measure that is in force with 
respect to the United States; and, (2) amending 300.114(e) and (h) to 
add ``investigation'' to make it unlawful for a person to refuse to 
allow any authorized officer to board a vessel for that purpose.
    The proposed rule would also establish regulations that would allow 
NMFS to implement CCAMLR adopted annual or biennial conservation 
measures through vessel permit conditions rather than regulations. 
Lastly, the proposed rule would clarify certain regulatory 
requirements, and remove or update outdated items, such as references 
to previously deleted sections, and outdated web and mailing addresses.
    This proposed rule would impact U.S. flagged vessels operating in 
the Convention Area and first receivers and dealers of AMLR. During the 
past several years, there have been no U.S. flagged vessels operating 
in the Convention Area and no U.S. entities that first receive AMLRs, 
but there are approximately 45 dealers who could fall within the scope 
of NMFS's AMLRCA regulations. Although NMFS does not have access to 
data about the business sizes of dealers that would be impacted by this 
proposed rule, it is likely that the majority would be considered small 
entities under the ``Small Business Size Regulations'' established by 
the SBA under 13 CFR 121.201.
    Although all regulated entities are considered small under the SBA 
size standard, this rule is expected to have no economic impact on 
these regulated entities. The creation of a distinction between first 
receivers and dealers of AMLR and a modification of the deadline for 
advance notification for imports of toothfish are administrative 
provisions that would only minimally change dealer practices and are 
not expected to change dealer costs or revenues, and thus they are 
expected to be cost neutral. Other proposed changes applicable to 
fishing operations are also expected to be cost neutral as they do not 
add new requirements but rather only make technical changes. These 
proposed changes include the change in the deadline for advance 
notification of intended fishing practices, revisions to requirements 
for scientific research fishing, and vessel marking. The requirement 
for advance notification for transshipments may involve some cost for 
transmitting information to the CCAMLR Secretariat and NMFS but, given 
that there have been no U.S. vessels harvesting or transshipping under 
these regulations for several years, any cost impacts of this 
requirement is expected to be absorbed into the overall, high cost of 
initiating operation in the Convention Area.
    NMFS' proposal that Commission adopted annual or biennial measures 
be implemented through vessel permits, as appropriate, is an 
administrative change that is expected to result in a more efficient 
scheme for regulating entities that fish in the Convention Area. As an 
administrative change, this approach to implementation of conservation 
measures would not increase the regulatory burden on entities that are 
subject to AMLRCA regulations or have any economic effects.
    Finally, the proposed rule includes technical revisions to existing 
regulations to make the regulations more concise, better organized, and 
easier for the public to use. These changes would have little or no 
economic impact on any small entities.
    For the above reasons, this proposed rule is not expected to have a 
significant economic impact on a substantial number of small entities. 
As a result, a regulatory flexibility analysis was not prepared.

Paperwork Reduction Act

    This proposed rule contains new collection-of-information 
requirements subject to the Paperwork Reduction Act (PRA). OMB approval 
of the new collections-of-information is being requested. This proposed 
rule also contains a collection-of-information approved by OMB under 
control number 0648-0194. 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 proposed rule would add a 
requirement to provide advance notification of transshipments of AMLRs, 
bait, fuel, or other goods and materials to the CCAMLR Secretariat and 
to submit 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. Public reporting 
burden for this proposed requirement is estimated to average 15 minutes 
per response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. Send comments 
regarding this burden estimate, or any other aspect of this data 
collection, including suggestions for reducing the burden, to NMFS (see 
ADDRESSES) and by email to OIRA_Submission@omb.eop.gov, or fax to (202) 
395-5806.

List of Subjects in 50 CFR Part 300

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


[[Page 47332]]


    Dated: July 11, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 300 as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

0
1. Under part 300, further revise subpart G--which was proposed to be 
amended on December 29, 2015 (80 FR 81251)--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.
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.

[[Page 47333]]

    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 (NSIL) means the NMFS 
laboratory located at 3209 Frederic Street Pascagoula, MS 39567, 
telephone (228) 769-8964, email PTFReporting@noaa.gov.
    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.


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 Procedures 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 Sec.  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).

[[Page 47334]]



  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
    Squid.......................                       catch limit for a
    Crabs.......................                       given area.
------------------------------------------------------------------------

    (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 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 subpart Q.
    (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. The person to whom 
NMFS issued an AMLR first receiver permit must report any change in 
previously submitted information to the Assistant Administrator in 
writing within 15 days of the change. Based on such reported 
information, the Assistant Administrator may revise the permit 
effective upon notification to the permit holder.

[[Page 47335]]

    (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 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.
    (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
    (4) 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 subpart 
Q, 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

[[Page 47336]]

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 
Q 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 
subpart Q.
    (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;
    (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:
    (i) Submit to NMFS a complete and accurate NMFS application for a 
DED.
    (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 Q:
    (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

[[Page 47337]]

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 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.
    (iii) 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.
    (6) Details of the type and amount of catches and/or other goods, 
such as food stores and fuel, involved in the transshipment.

[[Page 47338]]

    (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 sign from another vessel or from the air. The vessel's IRCS shall 
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.
    (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;

[[Page 47339]]

    (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 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

[[Page 47340]]

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 System of 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 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 System of 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.

[[Page 47341]]

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
    (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.

[[Page 47342]]

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 the 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 
Commission measures in effect 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.
    (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.

[[Page 47343]]

    (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 
Commission 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 Commission 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. 2016-17129 Filed 7-20-16; 8:45 am]
 BILLING CODE 3510-22-P