(3) The U.S.S.R. will release U.S. vessels and their crews promptly, subject to the posting of reasonable bond or other security.

(4) The sanctions for violation of a limitation or restriction on fishing operations will be limited to appropriate fines, penalties, forfeitures, or revocation or suspension of fishing privileges.

[54 FR 29898, July 17, 1989]

EFFECTIVE DATE NOTE: Paragraph (a) of § 299.3 contains an information collection requirement which has been submitted to the Office of Management and Budget for approval. The National Marine Fisheries Service, NOAA, Commerce will publish a notice of OMB approval in the FEDERAL REGISTER at a later date. (See 54 FR 29898, July 17, 1989.)

§ 299.4 Requirements.

(a) Compliance with permit requirements. (1) U.S. nationals and vessels must obtain a permit from the U.S.S.R. in order to fish for fishery resources over which the U.S.S.R. exercises sovereign rights or fishery management authority.

(2) U.S. nationals and vessels fishing for fishery resources over which the U.S.S.R. exercises sovereign rights or fishery management authority must comply with all provisions, conditions, and restrictions of any applicable permit.

(b) Compliance with Soviet law. U.S. nationals and vessels fishing for fishery resources over which the U.S.S.R. exercises sovereign rights or fishery management authority must comply with the relevant laws and regulations of the U.S.S.R.

(c) Protection of marine mammals. U.S. nationals and vessels fishing for fishery resources over which the U.S.S.R. exercises sovereign rights or fishery management authority must refrain from harassing, hunting, capturing, or killing any marine mammal within the Soviet EZ, and attempting to do so, except as may be provided for by an international agreement to which both the United States and the U.S.S.R. are parties, or in accordance with specific authorization and controls established by the U.S.S.R. Provided, however, that the provisions of the Marine Mammal Protection Act,

16 U.S.C. 1361 et seq., also shall apply to any person or vessel subject to the jurisdiction of the United States while in the Soviet EZ, and it shall not be a defense to any violation of the Marine Mammal Protection Act that the person or vessel was acting in accordance with any permit or authorization issued by the U.S.S.R.

(d) Cooperation with enforcement procedures. (1) The operator of, or any person aboard, any U.S. vessel subject to this part must immediately comply with instructions and signals issued by an authorized officer of the U.S.S.R. to stop the vessel and with instructions to facilitate safe boarding and inspection of the vessel, its gear, equipment, fishing record, and catch for purposes of enforcing the relevant laws and regulations of the U.S.S.R.

(2) The operator of any U.S. vessel must comply with directions issued by authorized officers of the U.S.S.R. in connection with the seizure of the vessel for violation of the relevant laws or regulations of the U.S.S.R.

(3) U.S. nationals and vessels must pay fines and penalties and comply with forfeiture sanctions imposed by the U.S.S.R. for violations of the relevant laws and regulations of the U.S.S.R.

(4) The operator of, and any person aboard, any U.S. vessel subject to this part must immediately comply with instructions and signals issued by an authorized officer of the United States to stop the vessel and with instructions to facilitate safe boarding and inspection of the vessel, its gear, equipment, fishing record, and catch for purposes of enforcing the Magnuson Act and this part.

(e) Compliance with observer requirements. The owner of, operator of, and any person aboard, any U.S. vessel fishing in the Soviet EZ to which a Soviet observer is assigned must—

(1) Allow and facilitate, on request, boarding of a U.S. vessel by the observer;

(2) Provide to the observer, at no Icost to the observer or the U.S.S.R., the courtesies and accommodations provided to ship's officers;

(3) Cooperate with the observer in the conduct of his or her official duties; and

(4) Reimburse the U.S.S.R. for the costs of providing an observer aboard the vessel.

§ 299.5 Prohibited acts.

It shall be unlawful for any U.S. national:

(a) To fish for Soviet fisheries without obtaining a permit from the U.S.S.R.;

(b) While fishing for Soviet fisheries, to violate the provisions, conditions, and restrictions of applicable permits;

(c) To violate the relevant laws and regulations of the U.S.S.R.;

(d) To harass, hunt, capture, or kill any marine mammal within the Soviet EZ, or to attempt to do so, except as provided in § 299.4(c);

(e) To fail to comply immediately with enforcement and boarding procedures specified in § 299.4(d);

(f) To refuse to allow an authorized officer of the U.S.S.R. to board and inspect a vessel subject to this part for purposes of conducting any search, inspection, or seizure in connection with the enforcement of the relevant laws and regulations of the U.S.S.R.;

(g) Το assault, resist, oppose, impede, intimidate, threaten, or interfere with, any authorized officer of the U.S.S.R. in the conduct of any search, inspection, seizure, or arrest in connection with enforcement of the relevant laws and regulations of the U.S.S.R.;

(h) To fail to pay fines or penalties or comply with forfeitures imposed for a violation of the relevant laws and regulations of the U.S.S.R.;

(i) While fishing in the Soviet EZ, to refuse to allow a Soviet observer to board a vessel subject to this part;

(j) To fail to provide to a Soviet observer on board a vessel fishing in the Soviet EZ the courtesies and accommodations provided to ship's officers;

(k) Το assault, resist, oppose, impede, intimidate, threaten, interfere with, or fail to cooperate with a Soviet observer placed aboard a vessel subject to this part;

(1) To fail to reimburse the U.S.S.R. for the costs incurred in the utilization of a Soviet observer;

(m) To refuse to allow an authorized officer of the United States to board and inspect a vessel subject to this part for purposes of conducting any search, inspection, or seizure in connection with the enforcement of the Magnuson Act or this part;

(n) Το assault, resist, oppose, impede, intimidate, threaten, or interfere with, any authorized officer of the United States in the conduct of any search, inspection, seizure, or arrest in connection with enforcement of the Magnuson Act or this part;

(0) To resist a lawful arrest for any act prohibition under the Magnuson Act or this part;

(p) To interfere with, delay, or prevent by any means, the apprehension of another person, knowing that such person has committed any act prohibited by the Magnuson Act or this part;

or

(q) To possess, have custody or control of, ship, transport, offer for sale, sell, purchase, import, or export, any fish or parts thereof taken or retained in violation of the relevant laws and regulations of the U.S.S.R, the Magnuson Act, or this part.

§ 299.6 Penalties.

In addition to any fine, penalty, or forfeiture imposed by the U.S.S.R., nationals and vessels of the United States violating the prohibitions of § 299.5 are subject to the fines, penalties, and forfeitures and the adjudicative procedures provided in the Magnuson Act, 16 U.S.C. 1858, 1860, 1861, and any other applicable laws and regulations of the United States.

Sec.

PART 301-PACIFIC HALIBUT FISHERIES

301.15 Receipt and possession of halibut. 301.16 Fishing gear.

301.17 Retention of tagged halibut.

301.18 Supervision of unloading and weighing.

301.19 Fishing by United States treaty Indian tribes.

301.20 Sport fishing for halibut.
301.21 Previous regulations superseded.

AUTHORITY: 5 UST 5; TIAS 2900; 16 U.S.C. 773-773k.

SOURCE: 56 FR 18536, Apr. 23, 1991, unless otherwise noted.

EDITORIAL NOTE: For a document announcing the approval of the 1991 Catch Sharing Plan, see 56 FR 18533, Apr. 23, 1991.

§ 301.1 Short title.

This part may be cited as the Pacific Halibut Fishery Regulations.

§ 301.2 Interpretation.

(a) In this part,

Automated hook stripper (commonly known as a crucifier) means a device through which the groundline can be passed during gear retrieval which allows the groundline and hooks to pass freely, but does not allow fish to pass, thereby removing fish from the hooks;

Charter vessel means a vessel used for hire in sport fishing for halibut, but not including a vessel without a hired operator;

Commercial fishing means fishing, the resulting catch of which either is or is intended to be sold or bartered;

Commission means the International Pacific Halibut Commission;

Fishery officer means any State, Federal, or Provincial officer authorized to enforce this part, including, but not limited to, the National Marine Fisheries Service (NMFS), Canadian Department of Fisheries and Oceans (DFO), Alaska Department of Fish and Wildlife Protection (ADFWP), and the United States Coast Guard (USCG);

Fishing means the taking, harvesting, or catching of fish, or any activity that can reasonably be expected to result in the taking, harvesting, or catching of fish, including specifically the deployment of any amount or component part of setline gear anywhere in the maritime area;

Fishing period limit means the maximum amount of halibut that may be retained and landed by a vessel during one fishing period;

Land with respect to halibut means to bring to shore and to offload;

License means a halibut fishing license issued by the Commission pursuant to § 301.3 of this part;

Maritime area, in respect of the fisheries jurisdiction of a Contracting Party, includes without distinction areas within and seaward of the territorial sea or internal waters of that Party;

Operator, with respect to any vessel, means the master or other individual on board and in charge of that vessel;

Overall length of a vessel means the horizontal distance, rounded to the nearest foot, between the foremost part of the stem and the aftermost part of the stern (excluding bowsprits, rudders, outboard motor brackets, and similar fittings or attachments);

Person includes an individual, corporation, firm, or association;

Regulatory area means an area referred to in § 301.6 of this part;

Setline gear means one or more stationary, buoyed, and anchored lines with hooks attached;

Sport fishing means all fishing other than commercial fishing and treaty