50 CFR 300.211 - Definitions.

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There are 10 Updates appearing in the Federal Register for 50 CFR 300. View below or at eCFR (GPOAccess)
§ 300.211 Definitions.
In addition to the terms defined in § 300.2 and those in the Act and in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, with Annexes (WCPF Convention), which was adopted at Honolulu, Hawaii, on September 5, 2000, by the Multilateral High-Level Conference on Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, the terms used in this subpart have the following meanings.
1982 Convention means the United Nations Convention on the Law of the Sea of 10 December 1982.
Aggregate or summary form means information structured in such a way which does not directly or indirectly disclose the identity or business of any person who submits such information.
Commercial, with respect to commercial fishing, means fishing in which the fish harvested, either in whole or in part, are intended to enter commerce through sale, barter or trade.
Commission means the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean established in accordance with the WCPF Convention, including its employees and contractors.
Confidential information means any observer information or any information submitted to the Secretary, a State fishery management agency, or a Marine Fisheries Commission by any person in compliance with any requirement or regulation under the Act or under the Magnuson-Stevens Fishery Conservation and Management Act.
Conservation and management measure means those conservation and management measures adopted by the Commission pursuant to Article 10 of the WCPF Convention.
Convention Area means all waters of the Pacific Ocean bounded to the south and to the east by the following line: From the south coast of Australia due south along the 141st meridian of east longitude to its intersection with the 55th parallel of south latitude; thence due east along the 55th parallel of south latitude to its intersection with the 150th meridian of east longitude; thence due south along the 150th meridian of east longitude to its intersection with the 60th parallel of south latitude; thence due east along the 60th parallel of south latitude to its intersection with the 130th meridian of west longitude; thence due north along the 130th meridian of west longitude to its intersection with the 4th parallel of south latitude; thence due west along the 4th parallel of south latitude to its intersection with the 150th meridian of west longitude; thence due north along the 150th meridian of west longitude.
Effort Limit Area for Purse Seine, or ELAPS, means, within the area between 20° N. latitude and 20° S. latitude, areas within the Convention Area that either are high seas or are within the jurisdiction of the United States, including the EEZ and territorial sea.
Fish aggregating device, or FAD, means any artificial or natural floating object, whether anchored or not and whether situated at the water surface or not, that is capable of aggregating fish, as well as any objects used for that purpose that are situated on board a vessel or otherwise out of the water. The meaning of FAD does not include a fishing vessel, provided that the fishing vessel is not used for the purpose of aggregating fish.
Fishing means using any vessel, vehicle, aircraft or hovercraft for any of the following activities, or attempting to do so:
(1) Searching for, catching, taking, or harvesting fish;
(2) Engaging in any other activity which can reasonably be expected to result in the locating, catching, taking, or harvesting of fish for any purpose;
(3) Placing, searching for, or recovering fish aggregating devices or associated electronic equipment such as radio beacons;
(4) Engaging in any operations at sea directly in support of, or in preparation for, any of the activities previously described in paragraphs (1) through (3) of this definition, including, but not limited to, bunkering;
(5) Engaging in transshipment at sea, either unloading or loading fish.
Fishing day means, for the purpose of § 300.223, any day in which a fishing vessel of the United States equipped with purse seine gear searches for fish, deploys a FAD, services a FAD, or sets a purse seine, with the exception of setting a purse seine solely for the purpose of testing or cleaning the gear and resulting in no catch.
Fishing trip means a period that a fishing vessel spends at sea between port visits and during which any fishing occurs.
Fishing vessel means any vessel used or intended for use for the purpose of fishing, including bunkering and other support vessels, carrier vessels and other vessels that unload or load fish in a transshipment, and any other vessel directly involved in fishing.
Hawaiian Archipelago means the Main and Northwestern Hawaiian Islands, including Midway Atoll.
High seas means the waters beyond the territorial sea or exclusive economic zone (or the equivalent) of any nation, to the extent that such territorial sea or exclusive economic zone (or the equivalent) is recognized by the United States.
Highly migratory species (or HMS) means any of the following species:
Common name Scientific name
Albacore Thunnus alalunga.
Pacific bluefin tuna Thunnus orientalis.
Southern bluefin tuna Thunnus maccoyii.
Bigeye tuna Thunnus obesus.
Skipjack tuna Katsuwonus pelamis.
Yellowfin tuna Thunnus albacares.
Little tuna Euthynnus affinis.
Frigate mackerel Auxis thazard; Auxis rochei.
Pomfrets Family Bramidae.
Marlins Tetrapturus angustirostris; Tetrapturus audax; Makaira mazara; Makaira indica; Makaira nigricans.
Sail-fishes Istiophorus platypterus.
Swordfish Xiphias gladius.
Dolphinfish Coryphaena hippurus; Coryphaena equiselis.
Oceanic sharks Hexanchus griseus; Cetorhinus maximus; Family Alopiidae; Rhincodon typus; Family Carcharhinidae; Family Sphyrnidae; Family Isuridae (or Lamnidae).
High seas fishing permit means a permit issued under § 300.13.
Longline gear means a type of fishing gear consisting of a main line that exceeds 1 nautical mile in length, is suspended horizontally in the water column either anchored, floating, or attached to a vessel, and from which branch or dropper lines with hooks are attached; except that, within the protected species zone, longline gear means a type of fishing gear consisting of a main line of any length that is suspended horizontally in the water column either anchored, floating, or attached to a vessel, and from which branch or dropper lines with hooks are attached, where “protected species zone” is used as defined at § 665.12 of this title.
Marine Fisheries Commission means the Atlantic States Marine Fisheries Commission, the Gulf States Marine Fisheries Commission, or the Pacific States Marine Fisheries Commission.
Member of the Commission means any Contracting Party to the WCPF Convention, and, unless otherwise stated in context, any territory that has been authorized by an appropriate Contracting Party to participate in the Commission and its subsidiary bodies pursuant to Article 43 of the WCPF Convention and any fishing entity that has agreed to be bound by the regime established by the WCPF Convention pursuant to Annex I of the WCPF Convention.
NOAA means the National Oceanic and Atmospheric Administration, Department of Commerce.
Observer employer/observer provider means any person that provides observers to fishing vessels, shoreside processors, or stationary floating processors under a requirement of the Act or the Magnuson-Stevens Fishery Conservation and Management Act.
Observer information means any information collected, observed, retrieved, or created by an observer or electronic monitoring system pursuant to authorization by the Secretary, or collected as part of a cooperative research initiative, including fish harvest or processing observations, fish sampling or weighing data, vessel logbook data, vessel or processor-specific information (including any safety, location, or operating condition observations), and video, audio, photographic, or written documents.
Pacific Islands Regional Administrator means the Regional Administrator, Pacific Islands Region, NMFS, or a designee (1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 96814).
Person means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State), and any Federal, State, local, or foreign government or any entity of any such government.
Purse seine means a floated and weighted encircling net that is closed by means of a drawstring threaded through rings attached to the bottom of the net.
Special Agent-In-Charge (or SAC) means the Special-Agent-In-Charge, NOAA Office of Law Enforcement, Pacific Islands Division, or a designee (1601 Kapiolani Blvd., Suite 950, Honolulu, HI 96814; tel: (808) 203-2500; facsimile: (808) 203-2599; e-mail: pidvms@noaa.gov ).
State means each of the several States of the United States, the District of Columbia, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and any other commonwealth, territory, or possession of the United States.
Transshipment means the unloading of fish from one fishing vessel and its direct transfer to, and loading on, another fishing vessel, either at sea or in port.
Vessel monitoring system (or VMS) means an automated, remote system that provides information about a vessel's identity, location and activity, for the purposes of routine monitoring, control, surveillance and enforcement of area and time restrictions and other fishery management measures.
VMS unit, sometimes known as a “mobile transmitting unit,” means a transceiver or communications device, including all hardware and software, that is carried and operated on a vessel as part of a VMS.
WCPFC Area Endorsement means the authorization issued by NMFS under § 300.212, supplementary to a valid high seas fishing permit and expressed as an endorsement to such permit, for a fishing vessel used for commercial fishing for highly migratory species on the high seas in the Convention Area.
WCPF Convention means the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (including any annexes, amendments, or protocols that are in force, or have come into force, for the United States) that was adopted at Honolulu, Hawaii, on September 5, 2000, by the Multilateral High-Level Conference on Highly Migratory Fish Stocks in the Western and Central Pacific Ocean.
WCPFC observer means a person authorized by the Commission in accordance with any procedures established by the Commission to undertake vessel observer duties as part of the Commission's Regional Observer Programme, including an observer deployed as part of a NMFS-administered observer program or as part of another national or sub-regional observer program, provided that such program is authorized by the Commission to be part of the Commission's Regional Observer Programme.
WCPFC inspection vessel means any vessel that is:
(1) Authorized by a member of the Commission to be used to undertake boarding and inspection of fishing vessels on the high seas pursuant to, and in accordance with, Article 26 of the WCPF Convention and procedures established by the Commission pursuant thereto;
(2) Included in the Commission's register of authorized inspection vessels and authorities or inspectors, established by the Commission in procedures pursuant to Article 26 of the WCPF Convention; and
(3) Flying the WCPFC inspection flag established by the Commission.
WCPFC inspector means a person that is authorized by a member of the Commission to undertake boarding and inspection of fishing vessels on the high seas pursuant to, and in accordance with, the boarding and inspection procedures adopted by the Commission under Article 26 of the WCPF Convention, and referred to therein as a “duly authorized inspector” or “authorized inspector.”
WCPFC transshipment monitor means, with respect to transshipments that take place on the high seas, a person authorized by the Commission to conduct transshipment monitoring on the high seas, and with respect to transshipments that take place in areas under the jurisdiction of a member of the Commission other than the United States, a person authorized by such member of the Commission to conduct transshipment monitoring.
[72 FR 18405, Apr. 12, 2007, as amended at 74 FR 64010, Dec. 7, 2009; 75 FR 3347, Jan. 21, 2010]

Title 50 published on 2013-10-01

The following are only the Rules published in the Federal Register after the published date of Title 50.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-06-25; vol. 79 # 122 - Wednesday, June 25, 2014
    1. 79 FR 35957 - Identification and Certification of Nations; Notification of Effective Date of Information Collection Requirements
      GPO FDSys XML | Text
      DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration
      Final rule; notification of effective date.
      The amendments to 15 CFR 902.1 in this final rule are effective June 25, 2014. The revised information collection requirements contained in 50 CFR 300.206(b)(2), 300.207, and 300.208 were approved by OMB on January 16, 2013 (78 FR 3345, 3346), and are effective June 25, 2014.
      15 CFR Part 902

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 16 - CONSERVATION

§ 773 - Definitions

§ 773a - International Pacific Halibut Commission

§ 773b - Acceptance or rejection of Commission recommendations

§ 773c - General responsibility

§ 773d - Cooperation of Federal agencies

§ 773e - Prohibited acts

§ 773f - Civil penalties

§ 773g - Crimes and criminal penalties

§ 773h - Forfeitures

§ 773i - Administration and enforcement

§ 773j - Authorization of appropriations

§ 773k - Location of office space and other facilities on or near University of Washington campus in State of Washington

§ 951 - Definitions

§ 952 - Commissioners; number, appointment, and qualification

§ 953 - General Advisory Committee and Scientific Advisory Subcommittee

§ 954 - Repealed.

§ 955 - Secretary of State to act for United States

§ 956 - Inspection of returns, records, or other reports

§ 957 - Violations; fines and forfeitures; application of related laws

§ 958 - Cooperation with other agencies

§ 959 - Enforcement of chapter

§ 960 - Commissions’ functions not restrained by this chapter or State laws

§ 961 - Authorization of appropriations

§ 962 - Reduction of bycatch in eastern tropical Pacific Ocean

§ 971 - Definitions

§ 971a - Commissioners

§ 971b - Advisory committee

16 U.S. Code § 921 to 923 - Omitted

§ 971c - Authority of Secretary of State; cooperative enforcement agreements

§ 971d - Administration

§ 971e - Violations

§ 971f - Enforcement

§ 971g - Cooperation in carrying out Convention

§ 971h - Authorization of appropriations

§ 971i - Research on Atlantic highly migratory species

§ 971j - Annual report

§ 971k - Savings clause

§ 973 - Definitions

§ 973a - Application to other laws

§ 973b - Regulations

§ 973c - Prohibited acts

§ 973d - Exceptions

§ 973e - Criminal offenses

§ 973f - Civil penalties

§ 973g - Licenses

§ 973h - Enforcement

§ 973i - Findings by Secretary

§ 973j - Reporting requirements; disclosure of information

§ 973k - Closed Area stowage requirements

16 U.S. Code § -

§ 973m - Technical assistance

§ 973n - Arbitration

16 U.S. Code § -

§ 973p - Additional agreements

§ 973q - Secretary of State to act for United States

§ 973r - Authorization of appropriations

§ 1801 - Findings, purposes and policy

§ 1802 - Definitions

§ 1803 - Authorization of appropriations

§ 1821 note - Foreign fishing

§ 1826d - Prohibition

§ 1826e - Negotiations

§ 1826f - Certification

§ 1826g - Enforcement

§ 1826h - Biennial report on international compliance

§ 1826i - Action to strengthen international fishery management organizations

§ 1826j - Illegal, unreported, or unregulated fishing

§ 1826k - Equivalent conservation measures

§ 1827 - Observer program regarding certain foreign fishing

§ 1827a - Prohibition on sale of billfish

§ 1828 - Foreign fishing incursions

§ 1829 - International monitoring and compliance

§ 2431 - Findings and purpose

§ 2432 - Definitions

§ 2433 - Representatives

§ 2434 - Conservation measures; system of observation and inspection

§ 2435 - Unlawful activities

§ 2436 - Regulations

§ 2437 - Civil penalties

§ 2438 - Criminal offenses

§ 2439 - Enforcement

§ 2440 - Jurisdiction of courts

§ 2441 - Federal agency cooperation

§ 2442 - Relationship to existing treaties and statutes

§ 2443 - Authorization of appropriations

§ 2444 - Severability

§ 3371 - Definitions

§ 3372 - Prohibited acts

§ 3373 - Penalties and sanctions

§ 3374 - Forfeiture

§ 3375 - Enforcement

§ 3376 - Administration

§ 3377 - Exceptions

§ 3378 - Miscellaneous provisions

§ 3636 - Rulemaking

§ 5501 - Purpose

§ 5502 - Definitions

§ 5503 - Permitting

§ 5504 - Responsibilities of Secretary

§ 5505 - Unlawful activities

§ 5506 - Enforcement provisions

§ 5507 - Civil penalties and permit sanctions

§ 5508 - Criminal offenses

§ 5509 - Forfeitures

U.S. Code: Title 31 - MONEY AND FINANCE

Title 50 published on 2013-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 50 CFR 300 after this date.

  • 2014-07-25; vol. 79 # 143 - Friday, July 25, 2014
    1. 79 FR 43373 - International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Effort Limits in Purse Seine Fisheries for 2014
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      DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration
      Proposed rule; request for comments.
      Comments must be submitted in writing by August 25, 2014.
      50 CFR Part 300