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e-CFR data is current as of April 8, 2021

Title 50Chapter IIIPart 300Subpart O → §300.222


Title 50: Wildlife and Fisheries
PART 300—INTERNATIONAL FISHERIES REGULATIONS
Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species


§300.222   Prohibitions.

In addition to the prohibitions in §300.4, it is unlawful for any person to:

(a) Fail to obtain and have on board a fishing vessel a valid WCPFC Area Endorsement as required in §300.212.

(b) Fail to report a change in the information required in an application for a WCPFC Area Endorsement as required in §300.212(g).

(c) Fail to provide information on vessels and fishing authorizations or fail to report changes in such information as required in §300.213.

(d) Fish for, retain on board, or land fish, including HMS, in areas under the jurisdiction of a nation other than the United States without authorization by such nation to do so, as provided in §300.214(a)(1) and (b)(1).

(e) Operate a fishing vessel in violation of, or fail to ensure the vessel crew complies with, the applicable national laws of a member of the Commission other than the United States, including any laws related to carrying vessel observers or the operation of VMS units, as provided in §300.214(a)(2) and (b)(2).

(f) Fail to carry, allow on board, or assist a WCPFC observer as required in §300.215.

(g) Assault, obstruct, resist, delay, refuse boarding to, intimidate, harass, or interfere with a WCPFC observer, or attempt to do any of the same, or fail to provide a WCPFC observer with food, accommodation or medical facilities, as required in §300.215.

(h) Offload, receive, or load fish from a purse seine vessel at sea in the Convention Area, in contravention of §300.216.

(i) Fail to mark a fishing vessel or a boat, skiff, or other watercraft on board the fishing vessel as required in §300.217, or remove, obscure, or obstruct such markings, or attempt to do so.

(j) Fail to maintain and report catch and effort information or transshipment information as required in §300.218.

(k) Fail to install, activate, or operate a VMS unit as required in §300.219(c).

(l) In the event of VMS unit failure or interruption, fail to repair or replace a VMS unit, fail to notify the SAC and follow the instructions provided, or otherwise fail to act as provided in §300.219(c)(4).

(m) Disable, destroy, damage or operate improperly a VMS unit installed under §300.219, or attempt to do any of the same, or fail to ensure that its operation is not impeded or interfered with, as provided in §300.219(e).

(n) Fail to make a VMS unit installed under §300.219 or the position data obtained from it available for inspection, as provided in §300.219(f) and (g).

(o) Fail to carry on board and monitor communication devices as required in §300.219(h).

(p) Fail to carry on board and make available the required vessel documentation and authorizations as required in §300.221(a)(1).

(q) Fail to continuously monitor the specified radio frequencies as required in §300.221(a)(2).

(r) Fail to carry on board, and keep accessible, an up-to-date copy of the International Code of Signals as required in §300.221(a)(3).

(s) Fail to provide access to, or fail to allow and assist, a WCPFC transshipment monitor as required in §300.221(a)(4).

(t) Fail to comply with the instructions of, or fail to accept and facilitate prompt and safe boarding by, a WCPFC inspector, or fail to cooperate and assist a WCPFC inspector in the inspection of a fishing vessel, as provided in §300.221(b).

(u) Fail to stow fishing gear or fishing equipment as required in §300.221(c).

(v) Use a fishing vessel equipped with purse seine gear to fish in an area closed to purse seine fishing under §300.223(a).

(w) Set a purse seine around, near or in association with a FAD or a vessel, deploy, activate, or service a FAD, or use lights in contravention of §300.223(b).

(x) Discard fish at sea in the Convention Area in contravention of §300.223(d).

(y) Fail to comply with the sea turtle mitigation gear and handling requirements of §300.223(f).

(z) Use a fishing vessel to retain on board, transship, or land bigeye tuna captured by longline gear in the Convention Area or to fish in contravention of §300.224(f)(1) or (f)(2).

(aa) Use a fishing vessel to fish in the Pacific Ocean using longline gear both inside and outside the Convention Area on the same fishing trip in contravention of §300.224(f)(3).

(bb) Fail to stow longline gear as required in §300.224(f)(4).

(cc) Fail to carry on board a WCPFC observer during a transshipment at sea, as required in §300.215(d).

(dd) Offload, receive, or load fish caught in the Convention Area from a purse seine vessel at sea in contravention of §300.216.

(ee) Fail to ensure that a WCPFC observer is on board at least one of the vessels involved in the transshipment for the duration of the transshipment in contravention of §300.216(b)(2)(i), except as specified at §300.216(b)(4).

(ff) Receive transshipments from more than one fishing vessel at a time in contravention of §300.216(b)(2)(ii), except as specified at §300.216(b)(4).

(gg) Transship to or from another vessel, in contravention of §300.216(b)(3)(i), except as specified at §300.216(b)(4).

(hh) Provide bunkering, receive bunkering, or exchange supplies or provisions with another vessel, in contravention of §300.216(b)(3)(ii).

(ii) Engage in net sharing except as specified under §300.216(c).

(jj) Fail to submit, or ensure submission of, a transshipment report as required in §300.218(b), except as specified under §300.218(c).

(kk) Fail to submit, or ensure submission of, a transshipment notice as required in §300.218(d).

(ll) Transship more than 24 nautical miles from the location indicated in the transshipment notice, in contravention of §300.218(d)(3).

(mm) Fail to submit, or ensure submission of, a discard report as required in §300.218(e).

(nn) Fail to submit, or ensure submission of, a net sharing report as required in §300.218(f).

(oo) Transship in the Eastern High Seas Special Management Area in contravention of §300.225.

(pp) Fail to submit, or ensure submission of, a daily purse seine fishing effort report as required in §300.218(g).

(qq) Fail to submit, or ensure submission of, a whale shark encirclement report as required in §300.218(h).

(rr) Set or attempt to set a purse seine on or around a whale shark (Rhincodon typus) in contravention of §300.223(g).

(ss) Fail to release a whale shark encircled in a purse seine net of a fishing vessel as required in §300.223(h).

(tt) Use a fishing vessel to retain on board, transship, store, or land any part or whole carcass of an oceanic whitetip shark (Carcharhinus longimanus) or silky shark (Carcharhinus falciformis) in contravention of §300.226(a).

(uu) Fail to release an oceanic whitetip shark or silky shark as required in §300.226(b).

(vv) Fail to obtain an IMO number for a fishing vessel as required in §300.217(c).

(ww) Fail to carry an observer as required in §300.223(e).

(xx) Fail to comply with any of the limits, restrictions, prohibitions, or requirements specified under §300.227.

[74 FR 38554, Aug. 4, 2009, as amended at 74 FR 64010, Dec. 7, 2009; 75 FR 3355, Jan. 21, 2010; 77 FR 51714, Aug. 27, 2012; 77 FR 71512, Dec. 3, 2012; 79 FR 71331, Dec. 2, 2014; 80 FR 8815, Feb. 19, 2015; 80 FR 59048, Oct. 1, 2015; 81 FR 41250, June 24, 2016; 83 FR 33869, July 18, 2018]

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