Dolphins and the Tuna Industry (1992) / Chapter Skim
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Appendix 1
Appendix 1
Pages 129-156
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From page 129... ...
National Marine Fisheries Service/NOA~, Commerce Subpart C~General Exceptions 216.21 Actions permitted by International treaty, convention, or agreement. The Act and these regulations shall not apply to the extent that they are inconsistent with the provisions of any international treaty, convention or agreement, or any statute implementing the same relating to the t~k:i''s or importation of marine mammals or marine mammal products, which was existing and in force prior to December 21, 1972, and to which the IJnited States was a party.
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From page 130... ...
(2) No marine mammal taken for purposes of creating and selling authentic native articles of handicraft and clothing may be sold or otherwise transferred to any person other than an Indian, Aleut or Eskimo, or delivered, carried, transported or shipped in interstate or foreign commerce, unless: (i)
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From page 131... ...
NOTE TO ~ 216.24: The provisions of 50 CF'R part 229, rather than ~ 216.24, will govern the incidental talking of marine mammals in the course of commercial fishing-eperations by persons using vessels of the United States, other than vessels used in the eastern tropical Pacific yellowfin tuna purse seine fishery, and vessels which have valid fishing permits issued in accordance with section 204(b) of the Magnuson Fishery Conservation.and Management Act (16 U.S.C.
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From page 132... ...
Category 2: Enc~ircZing gear, pursue seining involving size intentional taking of marine mammals. Commercial fishing operations utilizing purse seines to capture tuna by international encircling marine mammals.
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From page 133... ...
Vessel certificates of inclusion. The owner or managing owner of a vessel that participates in commercial fishing operations for which a general permit is required under this subpart shall be the holder of a valid vessel certificate of inclusion under that general permit.
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From page 134... ...
(B) Owners or managing owners of vessels registered in Arizona, California, Hawaii, Nevada, and the territories of American Samoa, Guam, and the Trust Territory of the Pacific Islands should make application to the Regional Director, Southwest Region, National Marine Fisheries Service, 300 South Ferry Street, Terminal Island, California 90731.
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From page 135... ...
(9) By using an operator or vessel certificate of inclusion under the Category 2 general permit, the certificate holder authorizes the release to the National Marine Fisheries Service of all data collected by observers aboard purse seine vessels during fishing trips under the Inter-American Tropical Tuna Commission observer program or any other international observer program in which the United States may participate.
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From page 136... ...
Do ..... mediately recorded in the log and reported in writing to the Regional Director to whom the certificate application was made, or to an enforcement agent or other designated agent of the National Marine Fisheries Service, at the earliest opportunity, but no later than five days after such occurrence except that if a vessel at sea returns to port later than five days after such occurrence then it shall be reported within 48 hours after arrival in any port.
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From page 137... ...
(C) The vessel certificate holder shall notify the field office, National Marine Fisheries Service, Southwest Region, 1520 State Street, suite 200, San Diego, California 92101, telephone 619-557-6540, of any change of vessel operator within at least 48 hours prior to departing on the next scheduled trip.
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From page 138... ...
(B) Masters of all certificated vessels carrying National Marine Fisheries Service observers shall allow observers to report, in coded form, information by radio concerning the accumulated take of marine mammals and other observer collected data at such times as specified by the Regional Director, Southwest Region.
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From page 139... ...
(B) Reinspection: Purse seine nets and other gear and equipment required by these regulations shall be made available for reinspection by an authorized National Marine Fisheries Service Inspector as specified by the Regional Director, Southwest Region.
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From page 140... ...
If an operator does not have five observed sundown sets since July 1, 1986, the NMFS Southwest Regional Director will consider records from observed trips before that date, starting with the most recent observed trip during which a sundown set was made and reviewing as many trips as necessary to obtain at least five sundown sets for consideration.
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From page 141... ...
(A) A vessel certificate holder may apply for an experimental fishing operation waiver by submitting the following information to the Southwest Regional Director no less than 90 days before the intended date the proposed operation is intended to begin (1)
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From page 142... ...
Such suspension shall be effective upon notification from the National Marine Fisheries Service Southwest Regional Director and shall be for a period of one year. If the operator exceeds the 26~30 marine mammals killed per set average for a subsequent trip within three years of reinstatement, the certificate is suspended.
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From page 143... ...
(G) An operator whose average marine mammal mortality rate exceeds 3.89 marine mammals killed per set on two consecutive trips or on three trips ending within a period of twenty-four months or on three trips within eight consecutive trips must have observer data and other pertinent records reviewed by the Southwest Regional Director and the Porpoise Rescue Foundation for the purpose of determining the causes of higher than acceptable mortality, must participate in supplemental marine mammal safety training as ordered by the Southwest Regional Director and must comply with actions for reducing marine mammal mortali143 § 216.24 ty which may be ordered by the Southwest Regional Director.
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From page 144... ...
All deaths or injuries to marine mammals occurring in the course of commercial fishing operations under the conditions of a general permit shall be immediately recorded in the log and reported in writing to the Regional Director, National Marine Fisheries Service, where a certificate application was made, or to an enforcement agent or other designated agent of the National Marine Fisheries Service, at the earliest opportunity but no later than five days after such occurrence, except that if a vessel at sea returns to port later than five days after such occur
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From page 145... ...
All deaths or injuries to marine mammals occurring in the course of commercial fishing operations under the conditions of a general permit shall be immediately recorded in the log and reported in writing to the Regional Dir ector, National Marine Fisheries Service, where a certificate application was made, or to an enforcement agent or other designated agent of the National Marine Fisheries Service, at the earliest opportunity but no later than five days after such occurrence, except that if a vessel at sea retu`-~s to port later than five days after such occurrence, then it shall be reported within forty-eight hours after arrival in port. Reports must include: (A)
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From page 146... ...
All deaths or injuries to marine mammals occurring in the course of commercial fishing operations under the conditions of a general permit shall be immediately recorded in the log and reported in writing to the Regional Director, National Marine Fisheries Service, where a certificate application was made, or to an enforcement agent, or other designated agent of the National Marine Fisheries Service, at the earliest opportunity but no later than five days after such occurrence, except that if a vessel at sea returns to port later than five days after such occurrence, then it shall be reported within forty-eight hours after arrival in port. Reports must include: (A)
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From page 147... ...
. 1604.14.20.40.0 Tunas and sklpJacl: in airtlght containers; not in oil: · · · (except cans marked as other than yellowlin tuna in a manner approved in advance by the National Marine Fisheries Service Southwest Regional Director)
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From page 148... ...
(i) of this section, from harvesting nations whose vessels of greater than 400 short tons carrying capacity operate in the w tuna purse seine fishery as determined by the Assistant Administrator, may
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From page 149... ...
A detailed description of the nation's regulatory and enforcement program governing incidental taking of marine mammals in the purse seine fishery for yellowfin tuna, including: (l) A description, with copies of relevant laws, implementing regulations and guidelines, of the gear and procedures required in the fishery to protect marine mammals, including but not limited to the following: (i)
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From page 150... ...
The data on marine mammal mortality and serious injury submitted by the harvesting nation are determined to be accurate; (D) The observer coverage of fishing trips was equal to that achieved by the United States during the same time period or, if less, was determined by the Assistant Administrator to provide a sufficiently accurate sample of the nation's fleet mortality rate; (E)
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From page 151... ...
(G) of this section, the additional information must include data collected by an acceptable observer program which demonstrate that the nation's fleet marine mammal mortality rate improved to the acceptable level during the period including at a minimum January 1 through June 30 of the year following the year in which the nation's mortality rate was found to exceed acceptable levels.
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From page 152... ...
. Within 90 days after such Customs entry, or such additional period as the District Director of Customs may allow for good cause shown, the importer or consignee shall deliver a copy of the required documentation or certification to the District Director of Customs, and an original of the required documentation or a copy of the certification to the Regional Director of the National Marine Fisheries Service, unless the District Director of Customs has received notification from the National Marine Fisheries Service that the fish is covered by a certification.
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From page 153... ...
(D) "AMOS" means the National Marine Fisheries Services, National Oceanic and Atmospheric Administration, Department of Commerce.
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From page 154... ...
A vessel certificate holder who has been notified that the vessel is required to carry an observer, via certified letter from the National Marine Fisheries Service, shall notify the office from which the letter was received at least five days in advance of the fishing voyage to facilitate observer placement. ~ vessel certificate holder who has failed to comply with the provisions of this section may not engage in fishing operations for which a general permit is required.
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From page 155... ...
The Southwest Regional Director will revoke an exemption if the criteria for an exemption are no longer met.
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From page 156... ...
(b) Marine mammal parts so collected may be retained if registered within 30 days with an agent of the National MarWe Fisheries Service, or an agent of the Bureau of Sport Fisheries and Wildlite.
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