50 C.F.R. § 300.107 Reporting and recordkeeping requirements.
Title 50 - Wildlife and Fisheries
(a) Vessels. The operator of any vessel required to have a harvesting 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 permit, submit a copy of such reports and records to NMFS at an address designated by NMFS. (4) Install a NMFS-approved VMS unit on board the vessel and operate the VMS unit whenever the vessel enters Convention waters. (b) Dealers. Dealers of AMLRs required to have a permit under this subpart must: (1) Accurately maintain all reports and records required by their permits; (2) Make such reports and records available for inspection upon the request of an authorized officer or CCAMLR inspector; and (3) Within the time specified in the permit, submit a copy of such reports and records to NMFS at an address designated by NMFS. (c) Catch documentation—(1) General. (i) The CCAMLR DCD must accompany all shipments of Dissostichus species as required in this paragraph (c). (ii) No shipment of Dissostichus species shall be released for entry into the United States unless accompanied by a complete and validated CCAMLR DCD. (iii) No shipment of Dissostichus species 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 shall be issued a preapproval. (2) Harvesting vessels. (i) In addition to any harvesting permit or authorization previously issued, a U.S. vessel harvesting or attempting to harvest Dissostichus species must possess a DCD issued by NMFS which is non-transferrable. The master of the harvesting vessel must ensure that the catch information specified on the DCD is accurately recorded. (ii) Prior to offloading of Dissostichus species, the master of the harvesting vessel must: (A) electronically convey by the most rapid means possible catch information to NMFS and record on the DCD a confirmation number received from NMFS; (B) 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 harvesting permit, and the dealer(s) that receives the catch at the port(s) of landing; and (C) 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. (iii) The master of the harvesting vessel must submit the original DCD (or all copies thereof with original signatures) to NMFS no later than 30 days after the end of the fishing season as authorized for that vessel on its harvesting permit. (3) Transshipment vessels. (i) The master of a U.S. vessel issued a permit to transship Dissostichus species must, upon receipt of Dissostichus species, sign each DCD provided by the master of the harvesting vessel. (ii) Prior to landing Dissostichus species, the master of the transshipping vessel must: (A) Obtain on each DCD (or copies thereof) the signature(s) of both the responsible official(s) designated by NMFS in the permit, and the dealer(s) that receives the catch at the port(s) of landing and (B) 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 harvesting vessel(s) and provide a copy to each dealer receiving Dissostichus species. (iii) 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. (4) Receivers upon landing. Any dealer who receives Dissostichus species from a harvesting vessel or from a transshipment vessel must sign the DCD(s) provided by the master of the vessel. (5) Import. (i) Any dealer who imports Dissostichus species must: (A) Obtain the DCD and stamp on the DCD showing that NMFS has certified that preapproval has been granted for importation (and Dissostichus re-export document if applicable) with a unique export reference number that accompanies the import shipment, (B) Ensure that the quantity of toothfish listed on the DCD (or Dissostichus re-export document if product is to be re-exported) matches the quantity listed on the preapproval application within a variance of 10 percent, (C) Express mail or fax the catch documentation described in paragraphs (c)(5)(i)(A) and (B) of this section to an address designated by NMFS so that NMFS receives the documentation at least 15 working days prior to import, and (D) Retain a copy of the DCD for his/her records and provide copies to exporters as needed. (ii) Dealers must retain at their place of business a copy of the DCD for a period of 2 years from the date on the DCD. (iii) Exception. For shipments of Dissostichus species which are fresh and less than 2,000 kilograms in quantity, the application for approval of catch documents of toothfish must be submitted to NMFS within 24 hours of import. (6) Re-export. (i) Any dealer who re-exports Dissostichus species must complete a Dissostichus re-export document by indicating: (A) The amount from the original DCD(s) that is exported in the particular export shipment; (B) The number of the original DCD(s); (C) The name of the importer and point of import; and (D) The exporter's name, address and permit number. (ii) The dealer must then sign the re-export document and obtain validation by a responsible official(s) designated by NMFS. (iii) The original validated Dissostichus re-export document and copies of the original DCD(s) must accompany the export shipment. (iv) The dealer must retain a copy of the re-export document and copies of the DCD(s)at his/her place of business for a period of 2 years from the date on the DCD. [65 FR 30016, May 10, 2000, as amended at 68 FR 23228, May 1, 2003]
Title 50: Wildlife and Fisheries
PART 300—INTERNATIONAL FISHERIES REGULATIONS
Subpart G—Antarctic Marine Living Resources
§ 300.107 Reporting and recordkeeping requirements.
