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e-CFR data is current as of May 13, 2021

Title 50Chapter IIIPart 300 → Subpart H


Title 50: Wildlife and Fisheries
PART 300—INTERNATIONAL FISHERIES REGULATIONS


Subpart H—Vessels of the United States Fishing in Colombian Treaty Waters


Contents
§300.120   Purpose.
§300.121   Definitions.
§300.122   Relation to other laws.
§300.123   Certificates and permits.
§300.124   Recordkeeping and reporting.
§300.125   Vessel identification.
§300.126   Prohibitions.
§300.127   Facilitation of enforcement.
§300.128   Penalties.
§300.129   Fishing year.
§300.130   Vessel and gear restrictions.
§300.131   Conch harvest limitations.
§300.132   Lobster harvest limitations.

Authority: 16 U.S.C. 1801 et seq.

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§300.120   Purpose.

This subpart implements fishery conservation and management measures as provided in fishery agreements pursuant to the Treaty Between the Government of the United States of America and the Government of the Republic of Colombia Concerning the Status of Quita Sueno, Roncador and Serrana (TIAS 10120) (Treaty).

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§300.121   Definitions.

In addition to the terms defined in §300.2, the Magnuson-Stevens Act, and §600.10 of this title, and in the Treaty, the terms used in this subpart have the following meanings. If a term is defined differently in §300.2, the Magnuson-Stevens Act, or the Treaty, the definition in this section shall apply.

Conch means Strombus gigas.

Factory vessel means a vessel that processes, transforms, or packages aquatic biological resources on board.

Lobster means one or both of the following:

(1) Smoothtail lobster, Panulirus laevicauda.

(2) Caribbean spiny lobster or spiny lobster, Panulirus argus.

Regional Administrator means the Administrator of the Southeast Region, or a designee.

Science and Research Director means the Director, Southeast Fisheries Science Center.

Treaty waters means the waters of one or more of the following:

(1) Quita Sueno, enclosed by latitudes 13°55 N. and 14°43 N. between longitudes 80°55 W. and 81°28 W.

(2) Serrana, enclosed by arcs 12 nautical miles from the low water line of the cays and islands in the general area of 14°22 N. lat., 80°20 W. long.

(3) Roncador, enclosed by arcs 12 nautical miles from the low water line of Roncador Cay, in approximate position 13°35 N. lat., 80°05 W. long.

[61 FR 35550, July 5, 1996, as amended at 76 FR 59305, Sept. 26, 2011]

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§300.122   Relation to other laws.

(a) The relation of this subpart to other laws is set forth in §600.705 of this title and paragraph (b) of this section. Particular note should be made to the reference in §600.705 to the applicability of title 46 U.S.C., under which a Certificate of Documentation is invalid when the vessel is placed under the command of a person who is not a citizen of the United States.

(b) Minimum size limitations for certain species, such as reef fish in the Gulf of Mexico, may apply to vessels transiting the EEZ with such species aboard.

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§300.123   Certificates and permits.

(a) Applicability. An owner of a vessel of the United States that fishes in treaty waters is required to obtain an annual certificate issued by the Republic of Colombia and an annual vessel permit issued by the Regional Administrator.

(b) Application for certificate/permit. (1) An application for a permit must be submitted and signed by the vessel's owner. An application may be submitted at any time, but should be submitted to the Regional Administrator not less than 90 days in advance of its need. Applications for the ensuing calendar year should be submitted to the Regional Administrator by October 1.

(2) An applicant must provide the following:

(i) A copy of the vessel's valid USCG certificate of documentation or, if not documented, a copy of its valid state registration certificate.

(ii) Vessel name and official number.

(iii) Name, address, telephone number, and other identifying information of the vessel owner or, if the owner is a corporation or partnership, of the responsible corporate officer or general partner.

(iv) Principal port of landing of fish taken from treaty waters.

(v) Type of fishing to be conducted in treaty waters.

(vi) Any other information concerning the vessel, gear characteristics, principal fisheries engaged in, or fishing areas, as specified on the application form.

(vii) Any other information that may be necessary for the issuance or administration of the permit, as specified on the application form.

(c) Issuance. (1) The Regional Administrator will request a certificate from the Republic of Colombia if:

(i) The application is complete.

(ii) The applicant has complied with all applicable reporting requirements of §300.124 during the year immediately preceding the application.

(2) Upon receipt of an incomplete application, or an application from a person who has not complied with all applicable reporting requirements of §300.124 during the year immediately preceding the application, the Regional Administrator will notify the applicant of the deficiency. If the applicant fails to correct the deficiency within 30 days of the Regional Administrator's notification, the application will be considered abandoned.

(3) The Regional Administrator will issue a permit as soon as the certificate is received from the Republic of Colombia.

(d) Duration. A certificate and permit are valid for the calendar year for which they are issued, unless the permit is revoked, suspended, or modified under subpart D of 15 CFR part 904.

(e) Transfer. A certificate and permit issued under this section are not transferable or assignable. They are valid only for the fishing vessel and owner for which they are issued.

(f) Display. A certificate and permit issued under this section must be carried aboard the fishing vessel while it is in treaty waters. The operator of a fishing vessel must present the certificate and permit for inspection upon request of an authorized officer or an enforcement officer of the Republic of Colombia.

(g) Sanctions and denials. Procedures governing enforcement-related permit sanctions and denials are found at subpart D of 15 CFR part 904.

(h) Alteration. A certificate or permit that is altered, erased, or mutilated is invalid.

(i) Replacement. A replacement certificate or permit may be issued upon request. Such request must clearly state the reason for a replacement certificate or permit.

(j) Change in application information. The owner of a vessel with a permit must notify the Regional Administrator within 30 days after any change in the application information required by paragraph (b)(2) of this section. The permit is void if any change in the information is not reported within 30 days.

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§300.124   Recordkeeping and reporting.

(a) Arrival and departure reports. The operator of each vessel of the United States for which a certificate and permit have been issued under §300.123 must report by radio to the Port Captain, San Andres Island, voice radio call sign “Capitania de San Andres,” the vessel's arrival in and departure from treaty waters. Radio reports must be made on 8222.0 kHz or 8276.5 kHz between 8:00 a.m. and 12 noon, local time (1300-1700, Greenwich mean time) Monday through Friday.

(b) Catch and effort reports. Each vessel of the United States must report its catch and effort on each trip into treaty waters to the Science and Research Director on a form available from the Science and Research Director. These forms must be submitted to the Science and Research Director so as to be received no later than 7 days after the end of each fishing trip.

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§300.125   Vessel identification.

(a) Official number. A vessel with a permit issued pursuant to §300.123, when in treaty waters, must display its official number on the port and starboard sides of the deckhouse or hull, and on an appropriate weather deck, so as to be clearly visible from an enforcement vessel or aircraft. The official number must be permanently affixed to or painted on the vessel and must be in block arabic numerals in contrasting color to the background at least 18 inches (45.7 cm) in height for fishing vessels over 65 ft (19.8 m) in length, and at least 10 inches (25.4 cm) in height for all other vessel.

(b) Duties of operator. The operator of each fishing vessel must—

(1) Keep the official number clearly legible and in good repair.

(2) Ensure that no part of the fishing vessel, its rigging, fishing gear, or any other material aboard obstructs the view of the official number from an enforcement vessel or aircraft.

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§300.126   Prohibitions.

In addition to the general prohibitions specified in §600.725 of this title and the prohibited acts specified in §300.4, it is unlawful for any person to do any of the following:

(a) Fish in treaty waters without the certificate and permit aboard, or fail to display the certificate and permit, as specified in §300.123(a) and (f).

(b) Fail to notify the Regional Administrator of a change in application information, as specified in §300.123(j).

(c) Fail to report a vessel's arrival in and departure from treaty waters, as required by §300.124(a).

(d) Falsify or fail to display and maintain vessel identification, as required by §300.125.

(e) Fail to comply immediately with instructions and signals issued by an enforcement officer of the Republic of Colombia, as specified in §300.127.

(f) Operate a factory vessel in treaty waters, as specified in §300.130(a).

(g) Use a monofilament gillnet in treaty waters, as specified in §300.130(b).

(h) Use autonomous or semi-autonomous diving equipment in treaty waters, as specified in §300.130(c).

(i) Use or possess in treaty waters a lobster trap or fish trap without a degradable panel, as specified in §300.130(d).

(j) Possess conch smaller than the minimum size limit, as specified in §300.131(a).

(k) Fish for or possess conch in the closed area or during the closed season, as specified in §300.131(b) and (c).

(l) Retain on board a berried lobster or strip eggs from or otherwise molest a berried lobster, as specified in §300.132(a).

(m) Possess a lobster smaller than the minimum size, as specified in §300.132(b).

(n) Fail to return immediately to the water unharmed a berried or undersized lobster, as specified in §300.132(a) and (b).

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§300.127   Facilitation of enforcement.

(a) The provisions of §600.730 of this title and paragraph (b) of this section apply to vessels of the United States fishing in treaty waters.

(b) The operator of, or any other person aboard, any vessel of the United States fishing in treaty waters must immediately comply with instructions and signals issued by an enforcement officer of the Republic of Colombia 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 this subpart.

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§300.128   Penalties.

Any person committing or fishing vessel used in the commission of a violation of the Magnuson-Stevens Act or any regulation issued under the Magnuson-Stevens Act, is subject to the civil and criminal penalty provisions and civil forfeiture provisions of the Magnuson-Stevens Act, to part 600 of this title, to 15 CFR part 904, and to other applicable law. In addition, Colombian authorities may require a vessel involved in a violation of this subpart to leave treaty waters.

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§300.129   Fishing year.

The fishing year for fishing in treaty waters begins on January 1 and ends on December 31.

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§300.130   Vessel and gear restrictions.

(a) Factory vessels. Factory vessels are prohibited from operating in treaty waters.

(b) Monofilament gillnets. A monofilament gillnet made from nylon or similar synthetic material are prohibited from being used in treaty waters.

(c) Tanks and air hoses. Autonomous or semiautonomous diving equipment (tanks or air hoses) are prohibited from being used to take aquatic biological resources in treaty waters.

(d) Trap requirements. A lobster trap or fish trap used or possessed in treaty waters that is constructed of material other than wood must have an escape panel located in the upper half of the sides or on top of the trap that, when removed, will leave an opening no smaller than the throat or entrance of the trap. Such escape panel must be constructed of or attached to the trap with wood, cotton, or other degradable material.

(e) Poisons and explosives. [Reserved]

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§300.131   Conch harvest limitations.

(a) Size limit. The minimum size limit for possession of conch in or from treaty waters is 7.94 oz (225 g) for an uncleaned meat and 3.53 oz (100 g) for a cleaned meat.

(b) Closed area. The treaty waters of Quita Sueno are closed to the harvest or possession of conch.

(c) Closed season. During the period July 1 through September 30 of each year, the treaty waters of Serrana and Roncador are closed to the harvest or possession of conch.

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§300.132   Lobster harvest limitations.

(a) Berried lobsters. A berried (egg-bearing) lobster in treaty waters may not be retained on board. A berried lobster must be returned immediately to the water unharmed. A berried lobster may not be stripped, scraped, shaved, clipped, or in any other manner molested to remove the eggs.

(b) Size limit. The minimum size limit for possession of lobster in or from treaty waters is 5.5 inches (13.97 cm), tail length. Tail length means the measurement, with the tail in a straight, flat position, from the anterior upper edge of the first abdominal (tail) segment to the tip of the closed tail. A lobster smaller than the minimum size limit must be returned immediately to the water unharmed.

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