50 C.F.R. Subpart B—High Seas Fisheries
Title 50 - Wildlife and Fisheries
Authority: 16 U.S.C. 5501 et seq.
This subpart implements the High Seas Fishing Compliance Act of 1995 (Act), which requires the Secretary to license U.S. vessels fishing on the high seas. In addition to the terms defined in section 300.2 and those in the Act and the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted by the Conference of the Food and Agriculture Organization of the United Nations on November 24, 1993 (Agreement), the terms used in this subpart have the following meanings. If a term is defined differently in §300.2, the Act, or the Agreement, the definition in this section shall apply. High seas means the waters beyond the territorial sea or exclusive economic zone (or the equivalent) of any Nation, to the extent that such territorial sea or exclusive economic zone (or the equivalent) is recognized by the United States. High seas fishing vessel means any vessel of the United States used or intended for use on the high seas for the purpose of the commercial exploitation of living marine resources as a harvesting vessel, mothership, or any other support vessel directly engaged in a fishing operation. International conservation and management measures means measures to conserve or manage one or more species of living marine resources that are adopted and applied in accordance with the relevant rules of international law, as reflected in the 1982 United Nations Convention on the Law of the Sea, and that are recognized by the United States. Regional Administrator means any one of the Directors of the five NMFS regional offices, defined under §300.2, serving as the issuing office. Any Regional Administrator may issue permits required under this subpart. While applicants for permits may submit an application to any Regional Administrator, applicants are encouraged to submit their applications (with envelopes marked “Attn: HSFCA Permits”) to the Regional Administrator with whom they normally interact on fisheries matters. (a) Eligibility. (1) Any high seas fishing vessel of the United States is eligible to receive a permit under this subpart, unless the vessel was previously authorized to be used for fishing on the high seas by a foreign nation, and— (i) The foreign nation suspended such authorization, because the vessel undermined the effectiveness of international conservation and management measures, and the suspension has not expired; or (ii) The foreign nation, within the 3 years preceding application for a permit under this section, withdrew such authorization, because the vessel undermined the effectiveness of international conservation and management measures. (2) The restrictions in paragraphs (a)(1) (i) and (ii) of this section do not apply if ownership of the vessel has changed since the vessel undermined the effectiveness of international conservation and management measures, and the new owner has provided sufficient evidence to the Regional Administrator demonstrating that the owner and operator at the time the vessel undermined the effectiveness of such measures has no further legal, beneficial, or financial interest in, or control of, the vessel. (3) The restrictions in paragraphs (a)(1) (i) and (ii) of this section do not apply if it is determined by the Regional Administrator that issuing a permit would not subvert the purposes of the Agreement. (b) Application forms. The owner or operator of a high seas fishing vessel may apply for a permit under this subpart by completing an application form. Applicants may obtain an application form from a Regional Administrator. (c) Application information. An applicant must submit a complete and accurate permit application, signed by the owner or operator, to the appropriate Regional Administrator. (d) Fees. NMFS will charge a fee to recover the administrative expenses of permit issuance. The amount of the fee will be determined in accordance with the procedures of the NOAA Finance Handbook, available from a Regional Administrator, for determining administrative costs of each special product or service. The fee is specified with the application form. The appropriate fee must accompany each application. Failure to pay the fee will preclude issuance of the permit. Payment by a commercial instrument later determined to be insufficiently funded will invalidate any permit. (e) Issuance. (1) Except as provided in subpart D of 15 CFR part 904, the Regional Administrator will issue a permit, which will include appropriate conditions or restrictions, within 30 days of receipt of a completed application and payment of the appropriate fee. (2) The Regional Administrator will notify the applicant of any deficiency in the application. (f) Validity. Permits issued under this subpart are valid for 5 years from the date of issuance. Renewal of a permit prior to its expiration is the responsibility of the permit holder. For a permit to remain valid to its expiration date, the vessel's USCG documentation or state registration must be kept current. A permit issued under this subpart is void when the name of the owner or vessel changes, or in the event the vessel is no longer eligible for U.S. documentation, such documentation is revoked or denied, or the vessel is removed from such documentation. (g) Change in application information. Any changes in vessel documentation status or other permit application information must be reported to the Regional Administrator in writing within 15 days of such changes. (h) Transfer. A permit issued under this subpart is not transferable or assignable to another vessel or owner; it is valid only for the vessel and owner to which it is issued. (i) Display. A valid permit, or a copy thereof, issued under this subpart must be on board the vessel while operating on the high seas and available for inspection by an authorized officer. Faxed copies of permits are acceptable. [61 FR 35550, July 5, 1996, as amended at 64 FR 15, Jan. 4, 1999] (a) General. A vessel permitted under this subpart must be marked for identification purposes in accordance with this section. (b) Marking. Vessels must be marked either: (1) In accordance with vessel identification requirements specified in Federal fishery regulations issued under the Magnuson-Stevens Act or under other Federal fishery management statutes; or (2) In accordance with the following identification requirements: (i) A vessel must be marked with its IRCS, or, if not assigned an IRCS, must be marked (in order of priority) with its Federal, state, or other documentation number appearing on its high seas fishing permit; (ii) The markings must be displayed at all times on the vessel's side or superstructure, port and starboard, as well as on a deck; (iii) The markings must be placed so that they do not extend below the waterline, are not obscured by fishing gear, whether stowed or in use, and are clear of flow from scuppers or overboard discharges that might damage or discolor the markings; (iv) Block lettering and numbering must be used; (v) The height of the letters and numbers must be in proportion to the size of the vessel as follows: for vessels 25 meters (m) and over in length, the height of letters and numbers must be no less than 1.0 m; for vessels 20 m but less than 25 m in length, the height of letters and numbers must be no less than 0.8 m; for vessels 15 m but less than 20 m in length, the height of letters and numbers must be no less than 0.6 m; for vessels 12 m but less than 15 m in length, the height of letters and numbers must be no less than 0.4 m; for vessels 5 m but less than 12 m in length, the height of letters and numbers must be no less than 0.3 m; and for vessels under 5 m in length, the height of letters and numbers must be no less than 0.1 m; (vi) The height of the letters and numbers to be placed on decks must be no less than 0.3 m; (vii) The length of the hyphen(s), if any, must be half the height (h) of the letters and numbers; (viii) The width of the stroke for all letters, numbers, and hyphens must be h/6; (ix) The space between letters and/or numbers must not exceed h/4 nor be less than h/6; (x) The space between adjacent letters having sloping sides must not exceed h/8 nor be less than h/10; (xi) The marks must be white on a black background, or black on a white background; (xii) The background must extend to provide a border around the mark of no less than h/6; and (xiii) The marks and the background must be maintained in good condition at all times. [64 FR 15, Jan. 4, 1999] In addition to the prohibitions in section 300.4, it is unlawful for any person to: (a) Use a high seas fishing vessel on the high seas in contravention of international conservation and management measures. (b) Use a high seas fishing vessel on the high seas, unless the vessel has on board a valid permit issued under section 300.13. (c) Use a high seas fishing vessel on the high seas that is not marked in accordance with §300.14. [61 FR 35550, July 5, 1996, as amended at 64 FR 15, Jan. 4, 1999] (a) Any person, any high seas fishing vessel, the owner or operator of such vessel, or any person who has been issued or has applied for a permit, 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, permit sanctions, and forfeiture provisions prescribed by the Act, 15 CFR part 904 (Civil Procedures), and other applicable laws. (b) Permits under this subpart may be subject to permit sanctions prescribed by the Act, 15 CFR part 904 (Civil Procedures), and other applicable laws if any amount in settlement of a civil forfeiture imposed on a high seas fishing vessel or other property, or any civil penalty or criminal fine imposed on a high seas fishing vessel or on an owner or operator of such a vessel or on any other person who has been issued or has applied for a permit under any fishery resource statute enforced by the Secretary, has not been paid and is overdue. [64 FR 15, Jan. 4, 1999] (a) General. The operator of any vessel permitted under this subpart must report high seas catch and effort information to NMFS in a manner set by this section. Reports must include: identification information for vessel and operator; operator signature; crew size; whether an observer is aboard; target species; gear used; dates, times, locations, and conditions under which fishing was conducted; species and amounts of fish retained and discarded; and details of any interactions with sea turtles or birds. (b) Reporting options. (1) For the following fisheries, a permit holder must maintain and submit the listed reporting forms to the appropriate address and in accordance with the time limits required by the relevant regulations: (i) Antarctic—CCAMLR Logbook (50 CFR 300.107); (ii) Atlantic—Fishing Vessel Log Reports (50 CFR 648.7(b)); (iii) Atlantic Pelagic Longline—Longline Logbook (50 CFR 630.5); (iv) Atlantic Purse Seine—Vessel Logbook (50 CFR 635.5); (v) Pacific Pelagic Longline—Longline Logbook (50 CFR 660.14(a)); (vi) Eastern Pacific Purse Seine—IATTC Logbook (50 CFR 300.22); or (vii) Western Pacific Purse Seine—South Pacific Tuna Treaty Logbook (50 CFR 300.34). (2) For the albacore troll fisheries in the North and South Pacific, a permit holder must report high seas catch and effort by maintaining and submitting the log provided by the Regional Administrator, Southwest Region, NMFS. (3) For other fisheries, a permit holder must report high seas catch and effort by maintaining and submitting records, specific to the fishing gear being used, on forms provided by the Regional Administrator of the NMFS Region which issued the permit holder's HSFCA permit. (c) Confidentiality of statistics. Information submitted pursuant to this subpart will be treated in accordance with the provisions of 50 CFR part 600 of this title. [64 FR 15, Jan. 4, 1999, as amended at 67 FR 64312, Oct. 18, 2002]
Title 50: Wildlife and Fisheries
PART 300—INTERNATIONAL FISHERIES REGULATIONS
Subpart B—High Seas Fisheries
§ 300.10 Purpose.
§ 300.11 Definitions.
§ 300.12 Issuing offices.
§ 300.13 Vessel permits.
§ 300.14 Vessel identification.
§ 300.15 Prohibitions.
§ 300.16 Penalties.
§ 300.17 Reporting.
