Golden King Crab-Lithodes aequispinus; Red Abalone-Haliotis refuescens; Abalone-Haliotis kamtschatkana; Queen Conch-Strombus gigas; Surf Clam-Spisula solidissima; and SPONGES Glove Sponge-Hippiospongia canaliculata; (f) Directed fishery means a fishery conducted for the purpose of catching one or more designated species. (g) Director means Director, National Marine Fisheries Service, Washington, D.C. or his designee. (h) Existing International Fishery Agreement means any treaty, convention or agreement, to which the United States is a party, which relates to fishing and which was in effect on April 13, 1976, namely: (1) The International Convention for the High Seas Fisheries of the North Pacific Ocean, with Annex and Protocol of May 9, 1952, as amended; (2) The convention for the Preservation of the Halibut Fishery of the North Pacific Ocean and the Bering Sea of March 2, 1953; (3) The Agreement between the United States and Canada on Reciprocal Fishing Privileges in Certain Areas off their Coasts of June 15, 1973, as amended (remains in force through April 24, 1977); (4) The agreement between the United States of America and the Union of Soviet Socialist Republics concerning Certain Fisheries Problems on the High Seas in the Western Areas of the Middle Atlantic Ocean (remains in force through April 30, 1977); (5) Paragraphs 1(1) (a) and 2(10) of the Agreement between the United States and Japan in regard to Certain Fishery Problems of December 24, 1974 (remain in force through May 31, 1977, and April 30, 1977, respectively). (i) Fish means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals, birds and highly migratory species. (j) Fish over which the United States exercised exclusive fishery management authority means: (1) All fish within the fishery conservation zone; (2) All anadromous species beyond the fishery conservation zone, except when they are within any foreign nation's territorial sea or fishery conservation zone (or equivalent) as recognized by the United States; and (3) All Continental Shelf fishery resources on the Continental Shelf beyond the fishery conservation zone. (k) Fishery means: (1) One or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics; and (2) Any fishing for such stocks. (1) Fishery conservation zone means the area adjacent to the United States which, except where modified to accommodate international boundaries, encompasses all waters from the seaward boundary of each of the coastal states to a line on which each point is 200 nautical miles from the baseline from which the Territorial Sea of the United States is measured. (m) Fishery resource means any fishery, any stock of fish, any species of fish, and any habitat of fish. (n) Fishing means: (1) Any activity other than scientic research which does, which is extended to, or which reasonably can be expected to result in the removal of fish from the sea; or (2) Any operations at sea other than scientific research, which are in support of, or in preparation for any activity described in subparagraph (1), including, but not limited to: (i) Scouting or exploring for the presence of fish by visual, acoustic, or other means; (ii) Processing or refrigerating fish or fish products; (iii) Transferring or transporting fish or fish products; (iv) Supplying another fishing vessel with water, fuel, provisions, personnel, fishing equipment, fish processing equipment, or other supplies; or (v) Repairing another fishing vessel. (0) Fishing vessel means any boat, ship, or other craft which is used for, equipped to be used for, or of a type which is normally used for, fishing, except for a scientific research vessel. (p) Foreign fishing means fishing by a vessel other than a vessel of the United States. (q) Foreign fishing vessel means any fishing vessel other than a vessel of the United States. (r) Governing International Fishery Agreement means a written agreement between the Government of the United States and the government of a foreign nation in which the foreign nation acknowledges the exclusive fishery management authority of the United States, as set forth in the Act, and agrees to take measures to ensure that the owners or operators of any fishing vessels from such foreign nation comply with all of its provisions. (s) Highly migratory species means species of tuna which in the course of their life cycle spawn and migrate over great distances in the waters of the ocean, including, but not limited to: Albacore-Thunnus alalunga Blackfin Tuna-Thunnus atlanticus Little Tunny-Euthynnus alletteratus (t) Incidental catch means the fish of any species, other than the directed fishery species, that are caught during a directed fishery. (u) Operator, with respect to any vessel means: (1) The owner of the vessel; or (2) The master or other person in charge of the vessel. (v) Permit means a document issued under section 204 of the Act which authorizes foreign vessels to engage in fishing for fish over which the United States exercises exclusive fishery management authority. (w) Secretary means the Secretary of Commerce or his designee. (x) State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and any other commonwealth, territory, or possession of the United States. It does not include the Trust Territory of the Pacific Islands. (y) United States, when used in a geographical context, means all the States thereof. (z) Vessel days on the ground means the day or part of a day spent fishing in a trawl fishery by a single fishing vessel, not including support vessels. The number of vessel days for each foreign country is determined by adding each vessel day of its fishing vessels. § 611.3 Permits for foreign fishing vessels. (a) No foreign vessel shall engage in fishing for fish over which United States exercises exclusive fishery management authority unless it has on board a permit issued to it under this section. (b) Registration permits for foreign vessels to engage in fishing pursuant to an Existing International Fishery Agreement may be issued annually by the Secretary of State upon application from the foreign country and payment for a fee, if any, established by the Secretary of State. (c) Permits for foreign vessels to engage in fishing pursuant to a Governing International Fishery Agreement may be issued annually by the Secretary upon : (1) His approval of an application from the foreign country; (2) The foreign country's acceptance of the applicable terms and conditions; and (3) The payment of the fees established by the Secretary. (d) The foreign country shall submit a permit application to the Secretary of State at least 120 days prior to the date on which the foreign vessel desires to commence fishing under the proposed permit. (e) Permit applications shall be submitted on forms available from: Office of Fisheries Affairs, Department of State (OES/ OFA), Washington, D.C. 20520. (f) If a foreign fishing vessel with a permit issued under this section has been used in the commission of any act prohibited by § 611.17, the Secretary may : (1) Revoke the vessel's permit, with or without prejudice to the right of the vessel's foreign country to obtain a permit for that vessel in subsequent years; (2) Suspend the vessel's permit for an appropriate period; or (3) Impose additional restrictions on the permits of that vessel and any other vessel with the same foreign country. (g) If the operator of a foreign fishing vessel with a permit issued under this section has not paid a civil penalty or criminal fine which is final and unappealable, the Secretary shall: (1) Revoke the vessel's permit, with or without prejudice to the right of the vessel's foreign country to obtain a permit for that vessel in subsequent years. (2) Suspend the vessel's permit for an appropriate period; or (3) Impose additional restrictions on the permits of that vessel and any other vessel with the same foreign country; (h) A permit suspended under paragraph (g) of this section for failure to pay a final and unappealable civil penalty shall be reinstated upon payment of the civil penalty together with interest at the then prevailing rate. § 611.4 Vessel reporting. (a) The operator of each foreign vessel issued a permit shall notify the director of the appropriate National Marine Fisheries Service region and the commander of the appropriate Coast Guard command. . . of the time and position at which the vessel will begin activities to be conducted under the permit at least 24 hours before beginning any such activity. . . . § 611.5 Vessel identification. (a) Each foreign fishing vessel for which a permit has been issued shall display its hull number or international radio call sign amidships on the deck house or hull, and on the uppermost weather deck. § 611.7 Prohibitions. (a) It is unlawful for any person to: (1) Violate any provision of the Act or any regulation or permit issued under the Act; (2) Violate any provision of, or regulation under, any Governing International Fishery Agreement or Existing International Fishery Agreement; (3) Refuse to permit an Authorized Officer to board a fishing vessel subject to such person's control for purposes of conducting any search or inspection in connection with the enforcement of this Act or any regulation, permit, or agreement referred to in subparagraph (1) or (2) of this paragraph; (4) Forcibly assault, resist, oppose, impede, intimidate, or inter fere with: (i) Any Authorized Officer in the conduct of any search or inspection described in subparagraph (3) of this paragraph; or (ii) Any observer placed aboard a vessel under § 611.8; (5) Resist a lawful arrest for any act prohibited by this section; (6) Ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish taken or retained in violation of this Act or any regulation, permit, or agreement referred to in subparagraph (1) or (2) of this paragraph; or (7) To interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by this section. (b) It is unlawful for any foreign vessel and for the owner or operator of any foreign vessel to engage in fishing for fish over which the United States exercised exclusive fishery management authority, unless such fishing is authorized by, and conducted in accordance with the regulations of this part and a valid and applicable permit. (a) Each fishing vessel shall conduct its operations with due regard for the activities of other fishing vessels. Fishing vessels using mobile fishing gear shall take special care to minimize the possibility of conflict with and damage to fixed fishing gear; the owner or operator of any fishing vessel shall be responsible for the reimbursements of United States citizens for any loss of, or damage to, United States fishing vessels, fishing gear, or catch which is caused by such foreign fishing vessel. (b) Each foreign fishing vessel shall copy the list of fixed gear locations for the area in which it intends to fish as broadcast by the Coast Guard in accordance with the schedule listed in applicable sections of Subparts C through G of this part. (c) Each foreign fishing vessel which is involved in a gear conflict shall immediately notify the appropriate Coast Guard commander as indicated in Table I accompanying § 611.4 via the closest |