50 CFR 300.114 - Dealer permits and preapproval.

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§ 300.114 Dealer permits and preapproval.

(a) General.

(1) A dealer intending to import or re-export AMLR must obtain an AMLR dealer permit valid for one year. Preapproval from NMFS is required for each shipment of frozen Dissostichus species. The permit holder may only conduct those specific activities stipulated by the permit.

(2) An AMLR may be imported into the United States if its harvest has been authorized by a U.S.-issued individual permit issued under § 300.112(a)(1) or its importation has been authorized by a NMFS-issued dealer permit and preapproval issued under § 300.114(a)(1). AMLRs may not be released for entry into the United States unless accompanied by the harvesting permit or the individual permit or dealer permit and, in the case of frozen Dissostichus species, the preapproval certification granted by NMFS to allow import. NMFS will only accept electronic catch documents for toothfish imports.

(3) In no event may a marine mammal be imported into the United States unless authorized and accompanied by an import permit issued under the Marine Mammal Protection Act and/or the Endangered Species Act.

(4) A dealer permit or preapproval issued under this section does not authorize the harvest or transshipment of any AMLR by or to a vessel of the United States.

(b) Application. Application forms for AMLR dealer permits and preapproval are available from NMFS. With the exception of the U.S. Customs 7501 entry number, a complete and accurate application must be received by NMFS for each preapproval at least 15 working days before the anticipated date of the first receipt, importation, or re-export. Dealers must supply the U.S. Customs 7501 entry number at least three working days prior to a Dissostichus species shipment's arrival.

(c) Fees. A fee to recover the administrative expenses associated with processing preapproval applications will be charged. The amount of the fee will be determined in accordance with procedures specified in the NOAA Finance Handbook for calculating administrative costs of special products and services. The fee is specified with the preapproval application form. The appropriate fee must accompany each application and be paid by check, draft, or money order.

(d) Issuance. NMFS may issue a dealer permit or preapproval if it determines that the activity proposed by the dealer meets the requirements of the Act and that the resources were not or will not be harvested in violation of any CCAMLR conservation measure or in violation of any regulation in this subpart. No preapproval will be issued for Dissostichus species without verifiable documentation, to include VMS reports with vessel location and messages, of the use of real-time C-VMS port-to-port by the vessel that harvested such Dissostichus species, except for Dissostichus species harvested during fishing trips that began prior to September 24, 2007.

(e) Duration. A permit issued under this section is valid from its date of issuance to its date of expiration unless it is revoked or suspended. A preapproval is valid until the product is imported (and re-exported, if applicable).

(f) Transfer. A permit issued under this section is not transferable or assignable.

(g) Changes in information - (1) Pending applications. Applicants for permits and preapproval under this section must report in writing to NMFS any change in the information submitted in their permit and preapproval applications. The processing period for the application may be extended as necessary to review and consider the change.

(2) Issued permits and preapprovals. Any entity issued a permit or preapproval under this section must report in writing to NMFS any changes in previously submitted information. Any changes that would result in a change in the receipt or importation authorized by the preapproval, such as harvesting vessel or country of origin, type and quantity of the resource to be received or imported, and Convention statistical subarea from which the resource was harvested, must be proposed in writing to NMFS and may not be undertaken unless authorized by NMFS through issuance of a revised or new preapproval.

(h) Revision, suspension, or revocation. A permit or preapproval issued under this section may be revised, suspended, or revoked, based upon a violation of the permit, the Act, or this subpart. Failure to report a change in the information contained in a permit or preapproval application voids the application, permit, or preapproval as applicable. Title 15 CFR part 904 governs permit sanctions under this subpart.

(i) Exception. Preapproval is not required for shipments of fresh Dissostichus species. A report of a shipment of fresh Dissostichus species must be completed and submitted to NMFS within 24 hours following import.

(j) SVDCD. Dealer permits will not be issued for Dissostichus spp. offered for sale or other disposition under a Specially Validated DCD.

(k) Registered agent. Foreign entities shall, as a condition of possessing a dealer permit, designate and maintain a registered agent within the United States that is authorized to accept service of process on behalf of that entity. Foreign based importers of record may identify to NMFS the registered agent identified for Customs Service purposes.

[68 FR 23228, May 1, 2003. Redesignated and amended at 72 FR 48510, 48511, Aug. 23, 2007; 75 FR 18112, Apr. 9, 2010]

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

§ 953 - General Advisory Committee and Scientific Advisory Subcommittee

§ 954 - Repealed. Pub. L. 92–471, title II, § 203(b), Oct. 9, 1972, 86 Stat. 787

§ 955 - Rulemaking

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

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

§ 958 - Cooperation with other agencies

§ 959 - Enforcement

§ 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

§ 971b-1

§ 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 - Repealed. Pub. L. 114–81, title I, § 107(5), Nov. 5, 2015, 129 Stat. 658

§ 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

§ 973l - Observers

§ 973m - Technical assistance

§ 973n - Arbitration

§ 973o - Disposition of fees, penalties, forfeitures, and other moneys

§ 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 2015-10-01

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

  • 2015-11-12; vol. 80 # 218 - Thursday, November 12, 2015
    1. 80 FR 69884 - Fraser River Sockeye and Pink Salmon Fisheries; Inseason Orders
      GPO FDSys XML | Text
      DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration
      Temporary orders; inseason orders.
      The effective dates for the inseason orders are set out in this document under the heading Inseason Orders.
      50 CFR Part 300