(2) Which results in the loss of, or damage to, a fishing vessel, fishing gear, or catch.

(u) "Governing International Fishery Agreement” means an agreement between the United States and a foreign nation under Section 201(c) of the Act.

species"

(v) “Highly migratory means the species of tuna which in the course of their life cycle spawn and migrate over great distances of the ocean, including but not limited to:

Albacore (Thunnus alalunga)
Bigeye tuna (Thunnus obesus)
Bluefin tuna (Thunnus thynnus)
Skipjack tuna (Euthynnus pelanis)
Southern bluefin tuna (Thunnus maccoyii)
Yellowfin tuna (Thunnus albacares).

(w) “Incidental catch" means fish of any species, other than the directed fishery species, which are caught during a directed fishery.

(x) "Operator," with respect to any vessel, means the master or other person in charge of that vessel.

(y) "Owner," with respect to any vessel, means any person who owns that vessel or any charterer, whether bareboat, time, or voyage; or any person who acts in the capacity of a charterer, including but not limited to parties to a management agreement, operating agreement, or any similar agreement that bestows control over the destination, function or operation of the vessel.

(z) "Prohibited species", with respect to any vessel, means any species of fish which that vessel is not specifically authorized to retain.

(aa) "Secretary" means the Secretary of Commerce or a designee.

(bb) "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. Beginning at 0100 G.m.t., January 9, 1978, it includes the Northern Mariana Islands; it does not include the remaining districts of the Trust Territory of the Pacific Islands.

(cc) "Vessel day" means a unit of fishing effort measured by the presence, for any part of a day, of a vessel rigged for fishing (as defined in para

graph (p)(1) of this section) in a designated fishing area.

(dd) "Vessel of the United States" means:

(1) A vessel documented or numbered by the Coast Guard under United States law; or

(2) A vessel, under five net tons, which is registered under the laws of any State.

(ee) "Billfish” means all species of:
Marlin
Spearfish
Sailfish
Swordfish

[42 FR 60682, Nov. 28, 1977; 43 FR 2726, Jan. 19, 1978, as amended at 43 FR 11825, Mar. 22, 1978]

§ 611.3 Permits for foreign fishing vessels. (a) No foreign fishing vessel may engage in fishing unless a permit has been 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 nation.

(c) Annual permits for foreign fishing vessels to engage in fishing pursuant to a Governing International Fishery Agreement may be issued by the Director after:

(1) His approval of an application from the foreign nation;

(2) The foreign nation's acceptance of the applicable terms and conditions; and

(3) The payment of the fees established by the Secretary.

(d) Applications for foreign vessel permits shall be submitted on forms available from: Office of Fisheries Affairs, Department of State (OES/ OFA), Washington, D.C. 20520. To allow time for review and comments by the public, the involved governmental agencies, and appropriate fishery management councils, and the necessary processing, applications should be submitted to the Secretary of State at least 90 days prior to the date on which the foreign vessel desires to commence fishing under the proposed permit.

(e) The procedures for issuance of permits under paragraph (c) of this

section and the commencement of activities thereunder are as follows:

(1) Permit Forms will be distributed to foreign nations in advance of permit issuance in order that they may be readily available for completion when permits are issued. The Permit Form provides spaces for insertion of all pertinent information contained in the permit and instructions for its use.

(2) Permits are issued by the Director, through the Secretary of State, in Washington, D.C., U.S.A. Permits are valid when issued, but not earlier than January 1 of the year for which the permit is issued. Permits are valid only for the specific vessel(s) for which they are issued. A permit specifies the permit number for each permitted vessel, the fisheries and activities authorized for each permitted vessel, any other activities authorized, any additional conditions and restrictions applicable to a permitted vessel, and the date of issuance of the permit.

(3) A vessel may engage in fishing activities authorized in its permit only after:

(1) The permitted vessel has received notification of the permit number, the fisheries and activities authorized, any additional activities authorized, any applicable additional conditions and restrictions, and the date of issuance of the permit, and

(ii) The vessel has substantiated receipt of such notification by prominently displaying a properly completed Permit Form in the wheelhouse of such permitted vessel.

(4) If a permit is modified by the Director, the fisheries, activities, conditions and restrictions, as modified, must be recorded on the Permit Form and prominently displayed in the wheelhouse.

(5) The burden of accurately transmitting the notification of the contents of the permit (or modification) to the foreign fishing vessel, and the burden of accurately recording the pertinent contents of the permit (or modification) on the Permit Form, shall be upon the foreign nation and the owner or operator of the foreign fishing vessel.

(f) For determination of appropriate permit fees for permits issued under paragraph (c) of this section and for determination of activities authorized by such permit, the following definitions apply:

(1) "Catching" is those activities described in § 611.2(p) (1) or (2).

(2) "Processing" is those activities described in § 611.2(p)(3)(i).

(3) "Other Support" is those activities described in §611.2(p)(3) (ii) or (iii).

(g) If a foreign fishing vessel has been used in the commission of any act prohibited by § 611.7, or if an agent is not maintained within the United States, the Director may take appropriate action with respect to a permit issued under paragraph (c) of this section, under the administrative civil procedures specified in 50 CFR Part 621.

(h) Permits issued under this section do not authorize vessels or persons to engage in the kill, capture, or harassment of marine mammals. (A separate permit is required for such activity.)

(i) Permits issued under paragraph (c) of this section may be modified by the Director as follows:

(1) Because compliance with this Part 611 of the regulations is a condition of all foreign fishing permits, such permits may be modified by amendment of these regulations. Any such modification which would adversely affect activities under a permit will be effective no sooner than ten days after publication of the final amended regulation in the FEDERAL REGISTER. Other changes in the regulations may be made effective immediately. Notice of potentially adverse modifications will be sent by the Director to:

(i) Each nation whose fishing vessels are affected (via the Secretary of State); and

(ii) The owner of each affected fishing vessel (via the agent).

(2) The Director may modify any permit for purposes of "conservation and management" (as defined in section 3(2) of the Act) of fishery resources covered by the permit. Except as provided in paragraph (i)(2)(vii) of

this section, such modifications will be effected as follows:

(1) The Director shall notify the owner of the affected fishing vessel (via the agent) of the proposed modification and shall provide a summary of the reasons underlying the proposal.

(ii) The owner of the affected vessel may:

(A) Submit written comments on the proposed modification within 30 days after receipt of the notice; and

(B) Receive an informal hearing on the proposed modification if his written request for such a hearing is received by the Director within 15 days after receipt of the notice.

(iii) The Director will publish a notice of the proposed modification in the FEDERAL REGISTER providing for a 30-day public comment period. The Director will also notify the appropriate Regional Fishery Management Councils, the Secretary of State, and the Commandant of the Coast Guard asking for their written comments within 30 days of receipt of such notice.

(iv) Not less than 15 days prior to the date of a hearing, the Director shall:

(A) Publish a notice of the hearing in the FEDERAL REGISTER;

(B) Notify the requesting owner of the time and place of the hearing (via the agent).

(v) The Director may allow public participation at the hearing. The requesting owner and other participants may submit all relevant material, data, views, comments, arguments, and exhibits at the hearings. A summary record shall be kept of any such hearing.

(vi) The Director shall make a final decision regarding the proposed modification as soon as practicable after the 30-day comment period and the hearing, if any. Notice of the modification will be published in the FEDERAL REGISTER and will be sent to the nation involved (via the Secretary of State), the owner of the permitted fishing vessel (via the agent), each appropriate Regional Fishery Management Council, the Secretary of State, the Commandant of the Coast Guard, the Committee on Merchant Marine

and Fisheries of the House of Representatives, and the Committees on Commerce, Science, and Transportation, and on Foreign Relations of the Senate.

(vii) If necessary to prevent substantial harm to a fishery resource of the United States, the Director may make the proposed modification effective immediately or otherwise earlier than 30 days after the date of notice of proposed modification. In such cases, the Director shall summarize his findings of necessity and the reasons therefor in the notices of the proposed modification required by this section. The Director shall expedite the hearing process whenever a modification has been implemented on an interim basis. (3) A nation may submit a written request for a modification of any permit applicable to a vessel of that nation. The Director may make technical modifications or corrections requested by the nation such as change in ownership of a vessel, processing equipment, tonnage, or radio call sign, which will be effective immediately.

(4) If, in the opinion of the Director, a permit change requested by a nation could significantly affect the status of any fishery resource, such request will be treated as an application for a new permit and procedures for issuance of the permit will be in accordance with section 204 of the Act.

(5) After modification of a permit under paragraph (i) (2) or (3) of this section, the Director shall promptly issue a revised permit to the nation involved.

[42 FR 60682, Nov. 28, 1977; 43 FR 2726, 2727, Jan. 19, 1978]

§ 611.4 Vessel reporting.

(a) The operator of each foreign fishing vessel shall notify the Coast Guard, in the manner set forth in paragraph (b) of this section, of:

(1) The time and position at which the vessel will begin fishing; (2) Any change in its directed fishery;

(3) Any change in its fishing area; and

(4) The time and position it will cease fishing, intending to leave the fishery conservation zone.

Atlantic Area, New York, New York (Telex: 126831).

Do.

Voice: Duplex high-frequency singlesideband channels guarded GMT

B (0000-2400).

A (0200-1200); B (0000-2400); C 00002400); D (1200-0200); E (on request). None.

Do.

Miami

San Juan.

New Orleans'.

San Francisco 2

Honolulu .......

NMO

2400); D & E (on request).

'Carrier frequencies (kHz) as follows:

2400); D & E (on request).

B (0100-2100); D (2100-0900).

B (0000-2400); A, C, D & E (on request). None.

12 hr after sunrise until 2 hr before sunset only. 'Also guards 2,182 kHz voice.

§ 611.5 Vessel and gear identifications.

(a) (1) Each fishing vessel assigned an international radio call sign (IRCS) shall display that call sign amidships on both the port and starboard sides of the deck house or hull, and on an appropriate weather deck.

(2) Each fishing vessel not assigned an IRCS, such as a small trawler associated with a mothership or one of a pair of trawlers, shall display the IRCS of the associated vessel followed by a numerical suffix. (For example, JCZM-1, JCZM-2, etc. would be displayed on small trawlers not assigned an IRCS operating with a mothership whose IRCS is JCZM; JANP-1 would be displayed by a pair trawler not assigned an IRCS operating with a trawler whose IRCS is JANP).

(b) The identifying markings shall be permanently affixed to the vessel in contrasting block Roman alphabet letters and arabic numerals at least one meter in height for vessels over 20

meters in length and at least one-half meter in height for all other vessels.

(c) The operator of each vessel shall: (1) Keep the identifying markings clearly legible and in good repair, and

(2) Ensure that no part of the vessel, its rigging or its fishing gear obstructs the view of the markings from an enforcement vessel or aircraft.

(d) Each vessel engaged in fishing shall display the lights and shapes prescribed by the International Regulations for Preventing Collisions at Sea, 1972, for the activity in which the vessel is engaged.

(e) Any fishing gear which, when in use, is not physically and continuously attached to a fishing vessel shall be permanently marked with the identification marking of the vessel to which it belongs.

§ 611.6 Facilitation of enforcement.

(a) The operator of each fishing vessel shall immediately comply with instructions issued by authorized officers to facilitate boarding and inspection of the vessel for purposes of enforcing the Act and these regulations.

(b) Upon being approached by a Coast Guard cutter or aircraft or other vessel or aircraft authorized to enforce the Act, a vessel shall be alert for signals conveying enforcement instructions. The following signals extracted from the International Code of Signals are among those which may be used:

(1) "L" meaning "You should stop your vessel instantly;"

(2) "SQ3" meaning "You should stop or heave to; I am going to board you;" and

(3) "AA AA AA etc." which is the call for an unknown station, to which the signalled vessel should respond by identifying itself or by illuminating (or clearing obstructions from) the vessel identification required by § 611.5.

(c) A vessel signalled for boarding shall:

(1) Guard channel 16, VHF-FM, if available;

(2) Stop immediately and lay to or maneuver in such a manner as to facilitate boarding by the authorized officer and his party.

30-142 0-79———47