the said fish were taken in any part of the eastern Pacific Ocean subject to conservation regulations pursuant to recommendations of the Inter-American Tropical Tuna Commission. [A certificate of authentication executed by a consular officer or consular agent of the United States must be attached.]

(c) Contains tuna fish of the species prohibited entry into the United States by virtue of a finding of ineligibility published under regulations issued pursuant to section 6(c) of the Tuna Conventions Act of 1950, as amended, but that such fish, as shown in the attached declaration, were taken in strict conformity with applicable conservation laws and regulations in a fishing enterprise conducted under the American flag by vessels of the United States, are products of an American fishery within the meaning of Schedule 1, Part 15A, Tariff Schedules of the United States, were landed in a foreign country solely for transshipment without change in condition and are eligible for free entry under such Schedule and 19 CFR 10.78-10.79. [Where an entry is to be made pursuant to this paragraph, this certificate must be executed by a consular officer or consular agent of the United States and the declaration(s) required by 19 C.F.R. 10.79 must be attached.]

(Signature)

(Title)

(Address)

(b) If the tuna fish are offered for entry under paragraph (a) or (b) of the Certificate of Eligibility, the certificate must be executed by a duly authorized official of the country named in the published finding and the certificate must be authenticated with respect to the signature and official position of the person executing the same by a consular officer or consular agent of the United States. Such certificate of authentication shall be attached to the Certificate of Eligibility and be substantially in the following form:

(Name and full title of officer)

(c) If the tuna fish are offered for entry under paragraph (c) of the Certificate of Eligibility, the certificate must be executed by a consular officer or consular agent of the United States and be accompanied by the declaration(s) required by 19 CFR 10.79. The "Declaration of Master and Two Members of Crew on Entry of Products of American Fisheries," required by 19 CFR 10.79, must contain a further statement as follows: "We further declare that the said tuna fish were caught by use in full compliance with Part 280, Title 50, Code of Federal Regulations, and such other conservation laws and regulations as were applicable at tne time the fishing operation was in progress."

§ 281.8 Removal of import restrictions.

Upon a determination by the Bureau Director that the conditions no longer exist which warranted the imposition of import restrictions against the country named in the finding published pursuant to § 281.6, the Bureau Director, with the approval of the Secretary of the Interior, shall publish a finding to such effect in the FEDERAL REGISTER. Effective upon the date of publication of such finding, the prior existing import restrictions against the country designated therein shall terminate: Provided, That for a period of 1 year from such date of publication every shipment of fish in any form of the species subject to regulation or under investigation by the Commission shall continue to be denied entry unless the shipment is

(4) Any Coast Guard personnel accompanying and acting under the direction of any person described in paragraph (a) of this definition.

"Bigeye tuna" means Thunnus obesus.

"Buy boat" means any vessel used by a dealer in purchasing or receiving Atlantic bluefin tuna from any person or fishing vessel engaged in fishing for such tuna.

"Cargo vessel" means any fishing vessel used for transporting fish or fish products.

"Commercial activity" means any activity, other than fishing, of industry, trade, and commerce including but not limited to the buying or selling of a regulated species and activities conducted for the purpose of facilitating such buying and selling.

"Commission" means the International Commission for the Conservation of Atlantic Tunas established pursuant to Article III of the Convention.

"Convention" means the International Convention for the Conservation of Atlantic Tunas, signed at Rio de Janeiro May 14, 1966, 20 U.S.T. 2887, including any amendments or protocols thereto, which are binding upon the United States.

"Council" means the Council established within the Commission pursuant to Article V of the Convention.

"Dealer" means any person who engages in a commercial activity with respect to a regulated species or parts thereof.

"Dressed weight" means the weight of a fish after it has been gilled, gutted, beheaded, and definned.

"'ishing" means the catching, taking, or fishing for, or the attempted catching, taking, or fishing for, any species of fish covered by the Convention, or any activities in support thereof.

"Fishing trip" means the period between the time a fishing vessel departs from any port after being inspected by a designated agent of the NMFS to carry out fishing operations and the time such vessel unloads any of its catch.

"Fishing vessel" means any vessel engaged in fishing or transporting fish loaded on the high seas, or any vessel outfitted for such activities.

"Metal tag" means the flexible, selflocking ribbon of metal issued by the NMFS for the identification of Atlantic bluefin tuna as provided in § 285.24. "NMFS" means the National Marine Fisheries Service, National Oceanic and Atmospheric Administration.

"Person" means any individual, partnership, corporation, or association subject to the jurisdiction of the United States.

"Plastic tag" means the plastic or combination plastic and metal marker which is issued with a tag and release permit by the NMFS pursuant to § 285.33(b).

"Purse seining" means fishing for, catching or taking a regulated species by means of an encircling net and associated gear used in commercial fishing operations.

"Quota" means the amount of fish measured either by number or weight which may be retained as prescribed in §§ 285.29 and 285.30 of Subpart B of this part and any other sections of this part.

"Regional Director" means:

(1) For purposes of Atlantic bluefin tuna-the Regional Director, Northeast Region, National Marine Fisheries Service, Federal Building, 14 Elm Street, Gloucester, Massachusetts 01930; and

(2) For purposes of yellowfin tunathe Regional Director, Southwest Region, National Marine Fisheries Service, 300 South Ferry Street, Terminal Island, California 90731.

"Regulated species" means Atlantic bluefin, yellowfin, skipjack, albacore, or bigeye tuna.

"Regulatory area" means all waters of the Atlantic Ocean including adjacent seas, except the waters over which the individual States exercise jurisdiction unless the Assistant Administrator has determined otherwise in accordance with this part.

"Round weight" means the weight of a fish prior to gilling, gutting, beheading, and definning.

"Secretary" means the Secretary of Commerce or her designee.

"Short ton" means 2,000 pounds (907 kilograms).

"Skipjack tuna" means Katsuwonus pelamis.

"State" means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico and territories and possessions of the United States.

"Tuna" means Atlantic bluefin, yellowfin, skipjack, albacore or bigeye tuna.

"Yellowfin tuna” means Thunnus albacares.

[44 FR 36046, June 20, 1979]

§ 285.2 Basis and purpose.

(a) At a Tuna Symposium convened in Dakar, Senegal December 12-17, 1960, the Commission for Technical Cooperation in Africa South of the Sahara suggested the need to develop international procedures for the conservation of Atlantic tunas. The idea gained support and culminated in the convening of a Conference of Plenipotentiaries on the Conservation of Atlantic Tunas in Rio de Janeiro, Brazil, during May 2-14, 1966. The Conference prepared the International Convention for the Conservation of Atlantic Tunas, which entered into force March 21, 1969, after ratification by Canada, Japan, France, Ghana, South Africa, Spain, and the United States. Ratifications have been deposited by Brazil, Cuba, Ivory Coast, Korea, Morocco, Portugal and Senegal since the Convention entered into force.

(b) The International Commission for the Conservation of Atlantic Tunas (ICCAT) has been established under the authority of the Convention. The Commission is responsible for the study of the populations of tuna and tuna-like fishes in the Atlantic Ocean and is empowered to recommend proposals for joint action by member governments aimed at maintaining these stocks at levels which will permit the maximum sustainable catch. The Commission structure also includes a Council which serves as an executive body between biennial meetings of the Commission.

(c) The First Regular Meeting of the Commission held in Rome, December 1-6, 1969, and the First Regular Meeting of the Council in Madrid, November 16-20, 1970, centered on organizational questions. Priority was given to the collection of basic data by the Secretariat from member countries on

tuna fisheries and to the organization of a Standing Committee on Research and Statistics (SCRS). The Committee, composed of scientists from member countries, is responsible for coordinating and reviewing data collection and stock assessment work on tuna and tuna-like species in the Atlantic.

(d) At the second biennial meeting of the Commission held in Madrid December 2-7, 1971, the SCRS reviewed the somewhat limited data available and warned that regulatory measures might be needed in the future (1) to control the taking of Atlantic bluefin and yellowfin tuna below a certain size and (2) to reduce fishing intensity on yellowfin tuna.

(e) At the Second Regular Meeting of the ICCAT Council in Madrid November 29-December 5, 1972. The Council recommended a ban on taking and landing yellowfin tuna weighing less than 3.2 kilograms but provided for an incidental catch allowance for yellowfin tuna weighing less than 3.2 kilograms of 15 percent of all yellowfin onboard. The Council held its Third Regular Meeting in Madrid November 20-26, 1974, at which time it adopted two regulatory measures for Atlantic bluefin tuna which included a 6.4 kilogram minimum size and a limit on fishing mortality of Atlantic bluefin tuna to recent levels for a period of one year. The Council's recommendations were formally approved by a majority of the Commission members in February 1975.

(f) On August 5, 1975, the President signed into law the Atlantic Tunas Convention Act of 1975, which under certain conditions authorizes the Secretary to implement the Commission's recommendations. The Secretary's authority under the Act has been delegated to the Assistant Administrator.

[41 FR 8350, Feb. 26, 1976, as amended at 44 FR 36045, June 20, 1979]

§ 285.3 Prohibitions.

(a) It shall be unlawful

(1) For any person in charge of a fishing vessel or any fishing vessel subject to the jurisdiction of the United States to engage in fishing or to land any tuna in violation of these regulations; or

40-146 0-80-37

(2) For any person to land, transship, ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fish which he knows, or should have known, were taken or retained contrary to these regulations, without regard to the citizenship of the person or fishing vessel which took the fish.

(b) It shall be unlawful for a dealer or master or any person in charge of any fishing vessel subject to the jurisdiction of the United States to fail to make, keep, or furnish any catch returns, statistical records, or other reports required by these regulations to be made, kept, or furnished by such dealer, master or person.

(c) It shall be unlawful for a dealer or master or any person in charge of any fishing vessel subject to the jurisdiction of the United States to refuse to permit any person authorized to enforce the provisions of these regulations, to enter the premises of said dealer or to board such vessel in order to inspect its catch, equipment, books, documents, records, or other articles or question the persons onboard in accordance with the provisions of these regulations, or to obstruct such officials in the execution of such duties.

(d) It shall be unlawful for any person to import from any country any fish in any form of those species subject to regulation pursuant to a recommendation of the Commission, or any fish in any form not under reglation but under investigation by the Commission, during the period such fish have been denied entry in accordance with the provisions of these regulations.

§ 285.4 Civil penalties.

Any person who

(a) Violates any provision of § 285.3 (a) of this part shall be assessed a civil penalty of not more than $25,000 and for any subsequent violation of said section shall be assessed a civil penalty of not more than $50,000;

(b) Violates any provision of § 285.3 (b) or (c) of this part shall be assessed a penalty of not more than $1,000 and for any subsequent violation of said subsection shall be assessed a civil penalty of not more than $5,000; or

(c) Violates any provision of § 285.3 (d) of this part shall be assessed a civil penalty of not more than $100,000.

§ 285.5 Enforcement.

(a) These regulations and the provisions of the Act shall be enforced jointly by the Secretary, the Secretary of the department in which the Coast Guard is operating, and the United States Customs Service.

(b) Enforcement Agents of the National Marine Fisheries Service shall enforce these regulations and the provisions of the Act on behalf of the Secretary and may take any actions authorized by the Act and these regulations with respect to enforcement. The Secretary may utilize, by agreement, the personnel, services, and facilities of any other Federal Agency for the purposes of enforcing this Act. Subject to the limitations of section 6 of the Act, the Secretary may also designate personnel of a State to enforce these regulations and the provisions of the Act.

§ 285.6 Civil procedures.

(a) The method for assessment of civil penalties for violation of these regulations or the Act shall be in accordance with the rules and procedures set forth in 50 CFR Part 218.

(b) In view of the perishable nature of tuna when not processed otherwise than by chilling or freezing, any person authorized to enforce the regulations in this part may cause to be sold, and any person may purchase, for not less than its reasonable market value such quantities of perishable tunas as may be seized and forfeited pursuant to the Act or any regulations promulgated thereunder.

(c) The proceeds of any sale made pursuant to paragraph (b) of this section after deducting the reasonable costs of the sale, if any, shall be remitted by the purchaser to the Regional Director for deposit and retention in the Suspense Account of the National Marine Fisheries Service (Account No. 14X6875(17) pending judgment of the court or other disposition of the case.

(d) If a duly constituted official acting under authority and in behalf of a State of the United States seizes any tuna taken in the regulatory area