50 CFR Part 300 Subpart C

50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

50 CFR Part 300 Subpart C (Oct. 21, 2024)

This content is from the eCFR and is authoritative but unofficial.

Title 50 —Wildlife and Fisheries
Chapter III —International Fishing and Related Activities
Part 300 —International Fisheries Regulations
Authority: 16 U.S.C. 951 et seq., 16 U.S.C. 1801 et seq., 16 U.S.C. 5501 et seq., 16 U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq.
Source: 61 FR 35550, July 5, 1996, unless otherwise noted.

Subpart C Eastern Pacific Tuna Fisheries
§ 300.20 Purpose and scope.
§ 300.21 Definitions.
§ 300.22 Recordkeeping and reporting requirements.
§ 300.23 IATTC Regional Vessel Register.
§ 300.24 Prohibitions.
§ 300.25 Fisheries management.
§ 300.26 Vessel monitoring system (VMS).
§ 300.27 Incidental catch and tuna retention requirements.
§ 300.28 FAD restrictions.
§ 300.29 Observers.
Editorial Note: Nomenclature changes to part 300 appear at 64 FR 44431, Aug. 16, 1999, and at 76 FR 59305,
Sept. 26, 2011.

Subpart C—Eastern Pacific Tuna Fisheries
Authority: 16 U.S.C. 951 et seq.

§ 300.20 Purpose and scope.
(a) The regulations in this subpart are issued under the authority of the Tuna Conventions Act of 1950, as
amended (Act), and apply to persons and vessels subject to the jurisdiction of the United States. The
regulations implement recommendations and other decisions of the Inter-American Tropical Tuna
Commission (IATTC) for the conservation and management of stocks of tunas and tuna-like species and
other species of fish taken by vessels fishing for tunas and tuna-like species in the IATTC Convention
Area. The Secretary of Commerce, in consultation with the Secretary of State and, with respect to
enforcement measures, the U.S. Coast Guard, may promulgate such regulations as may be necessary to
carry out the U.S. international obligations under the Convention for the Establishment of an InterAmerican Tropical Tuna Commission (Convention), the Convention for the Strengthening of the InterAmerican Tropical Tuna Commission Established by the 1949 Convention between the United States of
America and the Republic of Costa Rica (Antigua Convention), and the Act, including recommendations
and other decisions adopted by the IATTC.
(b) This subpart does not apply to:
50 CFR 300.20(b) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

50 CFR 300.20(b)(1)

(1) Any person or vessel authorized by the IATTC, the Assistant Administrator, or any state of the United
States to engage in fishing for research purposes; or
(2) Any person or vessel engaged in sport fishing for personal use.
[87 FR 40735, July 8, 2022]

§ 300.21 Definitions.
In addition to the terms defined in § 300.2, in the Act, the Convention for the Establishment of an Inter-American
Tropical Tuna Commission (Convention), and the Convention for the Strengthening of the Inter-American Tropical
Tuna Commission Established by the 1949 Convention between the United States of America and the Republic of
Costa Rica (Antigua Convention), the terms used in this subpart have the following meanings. If a term is defined
differently in § 300.2, in the Act, or in the Antigua Convention, the definition in this section shall apply.
Activation of a satellite buoy means the act of initializing network service for receiving the satellite buoy's
position. Activation is done by the buoy supplier company at the request of the vessel owner or manager.
Following activation, the vessel owner pays for the communication service. The buoy can be transmitting
or not, depending if it has been switched on.
Active FAD means a FAD deployed at sea where activation of the satellite buoy has occurred and the satellite
buoy is transmitting its location and is being tracked by the vessel owner or operator. A FAD shall be
considered an Active FAD unless/until the vessel owner or operator is no longer tracking its location and
the vessel owner or operator notifies the IATTC that the FAD is deactivated.
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.
Commercial passenger fishing vessel means any vessel licensed for commercial passenger fishing purposes
within the State out of which it is operating and from which, while under charter or hire, persons are legally
permitted to conduct sportfishing activities.
Convention Area or IATTC Convention Area means all waters of the Pacific Ocean within the area bounded by the
west coast of the Americas and by 50° N latitude from the coast of North America to its intersection with
150° W longitude, then 150° W longitude to its intersection with 50° S latitude, and then 50° S latitude to
its intersection with the coast of South America.
Data buoy means, for the purpose of § 300.25, a floating device, either drifting or anchored, which is deployed by
one or more governmental or recognized scientific organizations or entities for the purpose of
electronically collecting and measuring environmental data, and not for the purpose of fishing activities,
and which has been reported to the IATTC by a Member or Cooperating non-Member of the Commission.
Deactivation of a satellite buoy means the act of canceling network service for receiving the satellite buoy's
position. Deactivation is done by the buoy supplier company at the request of the vessel owner or
manager. Following deactivation, the communication service is no longer paid for and the buoy stops
transmitting.
Dolphin set means a purse seine set where a class size 6 U.S. purse seine vessel (greater than 363 metric tons
carrying capacity) deploys a net on, or encircles, dolphins to catch yellowfin tuna.

50 CFR 300.21 “Dolphin set” (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

50 CFR 300.21 “Fish aggregating device (FAD)”

Fish aggregating device (FAD) means anchored, drifting, floating or submerged objects deployed and/or tracked
by vessels, including through the use of radio and/or satellite buoys, for the purpose of aggregating target
tuna species for purse-seine fishing operations.
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, boat, ship, or other craft that is used for, equipped to be used for, or of a type
that is normally used for fishing or for assisting or supporting a vessel engaged in fishing, except purse
seine skiffs.
Floating object means any natural object or FAD around which fishing vessels may catch tuna.
Floating object set means a purse seine set in which purse seine gear is deployed to encircle a floating object.
Force majeure means, for the purpose of § 300.25, a situation in which a vessel at sea, except while transiting
between ports on a trip during which no fishing operations occur, is disabled by mechanical and/or
structural failure, fire or explosion.
Highly Migratory Species (HMS) Branch means the Chief of the HMS Branch of the Sustainable Fisheries
Division, National Marine Fisheries Service West Coast Region, Suite 4200, 501 W Ocean Blvd., Long
Beach, CA 90802, and [email protected].
Incidental catch or incidental species means species caught while fishing with the primary purpose of catching a
different species. An incidental catch is expressed as a percentage of the weight of the total fish on
board.
Land or Landing means to begin transfer of fish from a fishing vessel. Once transfer begins, all fish on board the
vessel are counted as part of the landing.
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 anchored, floating, or attached to a vessel, and from which
branch or dropper lines with hooks are attached.
Mesh size means the distance between the inside of one knot to the inside of the opposing knot when the mesh
is stretched, regardless of twine size.
Mobulid ray means any animal in the family Mobulidae, which includes manta rays (Manta spp.) and devil rays
(Mobula spp.).
Observer means an individual placed aboard a fishing vessel under the IATTC observer program or any other
international observer program in which the United States may participate.
Overall length means registered length, or the horizontal distance between the outboard side of the foremost
part of the stem and the outboard side of the aftermost part of the stern, excluding rudders, outboard
motor brackets, and other similar fittings and attachments for a single-hull vessel; for a multi-hull vessel, it
is the horizontal distance between the outboard side of the foremost part of the stem of the foremost hull
and the outboard side of the aftermost part of the stern of the aftermost hull, excluding fittings or
attachments (See 46 CFR 69.203).
Reactivation of a satellite buoy means the act of re-initializing network service for transmission of a satellite
buoy's position after deactivation. The procedure is the same as the one to be followed for activation of a
satellite buoy.

50 CFR 300.21 “Reactivation of a satellite buoy” (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

50 CFR 300.21 “Regional Administrator”

Regional Administrator means the Regional Administrator for the West Coast Region, National Marine Fisheries
Service, or a designee.
Regional Vessel Register (hereafter referred to as Vessel Register) means the regional register of vessels
authorized to fish for tuna and tuna-like species in the Convention Area, as established by the InterAmerican Tropical Tuna Commission in June 2000.
Satellite buoy means a buoy that uses a satellite network service to indicate its geographical position and is
compliant with requirements in § 300.28(a) to be clearly marked with a unique identification code.
Shark line means a type of fishing gear used to target sharks and consisting of an individual hooked line or
hooked lines attached to the floatline or directly to the floats of longline gear and deployed in the water
column at depths shallower than the mainline.
Signal loss means the situation in which, without any intervention of the owner, operator, or manager, a satellite
buoy cannot be located by the owner on a monitoring device. The main causes of signal loss are buoy
retrieved by another vessel or person (at-sea or on-shore), FAD sinking, and buoy failure.
South Pacific Tuna Treaty means the Treaty on Fisheries Between the Governments of Certain Pacific Island
States and the Government of the United States of America (50 CFR part 300, subpart D).
Sustainable Fisheries Division (SFD) means the Assistant Regional Administrator for the Sustainable Fisheries
Division, West Coast Region, National Marine Fisheries Service, or a designee.
Tender vessel means a vessel that does not engage in purse seine fishing but tends to FADs in support of tuna
fishing operations.
Transship means to unload fish from a vessel that caught fish to another vessel.
Transshipment receiving vessel means any vessel, boat, ship, or other craft that is used to receive fish from a
fishing vessel.
Trip limit means the total allowable amount of a species by weight of fish that may be retained on board,
transshipped, or landed from a single fishing trip by a vessel that harvests tuna or tuna-like species.
Tropical tuna means any of the following species:

Common name

Scientific name

Bigeye tuna

Thunnus obesus.

Skipjack tuna

Katsuwonus pelamis.

Yellowfin tuna

Thunnus albacares.

Tuna means any fish of the genus Thunnus and the species Katsuwonus pelamis.
Vessel monitoring system (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.
50 CFR 300.21 “VMS unit” (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

50 CFR 300.22

[61 FR 35550, July 5, 1996]

Editorial Note: For FEDERAL REGISTER citations affecting § 300.21, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 300.22 Recordkeeping and reporting requirements.
(a) Logbooks —
(1) General logbook reporting. The master or other person in charge of a commercial fishing vessel or
commercial passenger fishing vessel (CPFV) authorized to fish for tuna and tuna-like species in the
Convention Area, or a person authorized in writing to serve as the agent for either person, must keep
an accurate log of operations conducted from the fishing vessel.
(2) Longline and other non-purse seine logbooks. Maintaining and submitting any logbook required by
existing state or Federal regulation will be sufficient to comply with paragraph (a)(1) of this section.
(3) Purse seine logbooks. For purse seine vessels greater than 400 st (362.8 mt) carrying capacity that
are authorized to purse seine for tuna in the Convention Area, the log must include for each day the
date, noon position (stated in latitude and longitude or in relation to known physical features), and
the tonnage of fish on board, by species. The record and bridge log maintained and submitted at the
request of the IATTC will be sufficient to comply with this paragraph (a)(3) and with paragraph (a)(1)
of this section, provided the items of information specified by the IATTC are accurately entered in the
log. For purse seine vessels of 400 st (362.8 mt) carrying capacity or less, maintaining and
submitting any logbook required by existing state or Federal regulation will be sufficient to comply
with paragraph (a)(1) of this section.
(b) Whale shark encirclement reporting. The owner and operator of a purse seine fishing vessel of the United
States that encircles a whale shark (Rhincodon typus) while commercially fishing in the Convention Area
must ensure that the incident is recorded on the log that is required by paragraphs (a)(1) and (3) of this
section. The log must include the following information: The number of individual whale sharks with
which the vessel interacted, details of how and why the encirclement happened, where it occurred, steps
taken to ensure safe release, and an assessment of the life status of the whale shark upon release
(including whether the animal was released alive, but subsequently died), as may be further specified by
NMFS.
(c) FAD reporting —
(1) Reporting on FAD interactions. U.S. purse seine vessel operators must provide the observer with the
FAD identification code and, as appropriate, the other information in the FAD interaction standard
format provided by the HMS Branch. U.S. vessel owners and operators, without an observer onboard,
must ensure that any interaction or activity with a FAD is reported using a FAD interaction standard
format provided by the HMS Branch. The owner and operator shall ensure that the form is submitted
within 30 days of each landing or transshipment of tuna or tuna-like species to the address specified
by the HMS Branch.
(2) Reporting on Active FADs. U.S. vessel owners and operators must record or maintain daily
information on buoy location and acoustic data for all Active FADs that have been deployed in the
water in the IATTC Convention Area and report that information to the IATTC, using a format and
address provided by the HMS Branch. Daily information on buoy location must include date, time,
buoy identifier, latitude, longitude, IMO number, and speed. Daily acoustic data will vary depending on
50 CFR 300.22(c)(2) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

50 CFR 300.22(c)(3)

the buoy company, but must include company, buoy identifier, latitude, longitude, date, time, and
available layers of data. Further instructions on reporting data specific for different buoys companies
are available in a compliance guide. This information must be submitted for each calendar month no
later than 90 days after the month covered by the report.
(3) Deactivation of Active FADs. U.S. vessel owners and operators must report any deactivation of a
satellite buoy, including the reason for deactivation, date, latitude, longitude, buoy identifier, and
speed. This information must be reported to the IATTC, using a format and address provided by the
HMS Branch. This information must be submitted for each calendar month no later than 90 days
after the month covered by the report.
(4) Reactivation of Active FADs. U.S. vessel owners and operators must report any remote reactivation of
a satellite buoy, including the reason for remote reactivation, date, latitude, longitude, buoy identifier,
speed. This information must be reported to the IATTC, using a format and address provided by the
HMS Branch. This information must be submitted for each calendar month no later than 90 days
after the month covered by the report.
(d) Cannery reporting. U.S. vessel owners and operators must report processing plant data for fish caught in
the IATTC Convention Area to the IATTC, and also make the data available to NMFS upon request, no later
than 10 days after completion of unloading and the last day of grading by size. Instructions for reporting
are available in a compliance guide.
[87 FR 40736, July 8, 2022]

§ 300.23 IATTC Regional Vessel Register.
(a) IATTC Regional Vessel Register (Vessel Register). The Vessel Register shall include, consistent with
resolutions of the IATTC, all commercial fishing vessels and CPFVs authorized to fish for tuna and tunalike species in the Convention Area. Except as provided under paragraph (a)(1) of this section, tuna purse
seine vessels must be listed on the Vessel Register and categorized as active under paragraph (c)(2) of
this section in order to fish for tuna and tuna-like species in the Convention Area.
(1) Exception from requirement for inclusion on the Vessel Register. Once per year, a vessel that is
permitted and authorized under an alternative international tuna purse seine fisheries management
regime in the Pacific Ocean may exercise an option to fish with purse seine gear to target tuna in the
Convention Area without the vessel's capacity counted towards the cumulative carrying capacity
described under paragraph (c)(1)(i) of this section. This exception is for a single fishing trip that
does not exceed 90 days in duration. At any time during the calendar year, a vessel exercising this
exception shall follow the procedures, where applicable, described in paragraph (c) of this section.
No more than 32 of such trips are allowed each calendar year. After the commencement of the 32nd
such trip, the Regional Administrator shall announce, in the FEDERAL REGISTER and by other
appropriate means, that no more such trips are allowed for the remainder of the calendar year. Under
50 CFR 216.24(b)(6)(iii)(C), vessel assessment fees must be paid for vessels exercising this option.
(2) Requirements for inclusion of purse seine vessels on the Vessel Register. Inclusion on the tuna purse
seine portion of the Vessel Register is valid through December 31 of each year. New tuna purse
seine vessels may be added to the Vessel Register at any time to replace those previously removed
by the Regional Administrator, provided that the total capacity of the replacement vessel or vessels
does not exceed that of the tuna purse seine vessel or vessels being replaced.
(b) Vessel information to be collected for the Vessel Register —
50 CFR 300.23(b) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

50 CFR 300.23(b)(1)

(1) Required information. Information on each commercial fishing vessel or CPFV authorized to use
purse seine, longline, drift gillnet, harpoon, troll, rod and reel, or pole and line fishing gear to fish for
tuna and tuna-like species in the Convention Area for sale shall be collected by the Regional
Administrator to conform to IATTC resolutions governing the Vessel Register. This information
initially includes, but is not limited to, the vessel name and registration number; the name and
business address of the owner(s) and managing owner(s); a photograph of the vessel with the
registration number legible; previous vessel name(s) and previous flag (if known and if any); port of
registry; International Radio Call Sign; IMO number (if applicable); vessel length, beam, and moulded
depth; gross tonnage, fish hold capacity in cubic meters, and carrying capacity in metric tons and
cubic meters; engine horsepower; date and place where built; and type of fishing method or methods
used. The required information shall be collected as part of existing information collections as
described in this part and other parts of the CFR.
(2) IMO numbers. For the purpose of this section, an “IMO number” is the unique six or seven digit
number issued for a vessel under the ship identification number scheme adopted by the
International Maritime Organization (IMO) and managed by the entity identified by the IMO (currently
IHS Maritime) and is also known as a Lloyd's Register number.
(3) Requirements for IMO numbers. The owner of a fishing vessel of the United States used for
commercial fishing for tuna and tuna-like species in the IATTC Convention Area shall ensure that an
IMO number has been issued for the vessel if the vessel's Certificate of Documentation issued under
46 CFR part 67 indicates that the vessel's total internal volume is 100 gross register tons or greater
or 100 gross tonnage or greater. In addition, the owner of a fishing vessel of the United States
engaging in fishing activities for tuna or tuna-like species in the IATTC Convention Area, and for
which a high seas fishing permit under § 300.333 is required, shall ensure that an IMO number has
been issued for the vessel if the vessel's total internal volume is less than 100 gross registered tons
or less than 100 gross tons, but equal to or greater than 12 meters in overall length, as indicated in
the vessel's Certificate of Documentation issued under 46 CFR part 67 or State documentation. A
vessel owner may request that an IMO number be issued for a vessel by following the instructions
given by the administrator of the IMO ship identification number scheme; those instructions are
currently available on the website of IHS Markit, https://imonumbers.lrfairplay.com/.
(4) Request for exemption. In the event that a fishing vessel owner, after following the instructions given
by the designated manager of the IMO ship identification number scheme, is unable to ensure that
an IMO number is issued for the fishing vessel, the fishing vessel owner may request an exemption
from the requirement from the Regional Administrator. The request must be sent by mail to NMFS
HMS Branch, West Coast Region, 501 W Ocean Blvd., Suite 4200, Long Beach, CA 90802, or by email
to [email protected], and must include the vessel's name, the vessel's official number, a description
of the steps taken to request an IMO number, and a description of any responses from the
administrator of the IMO ship identification number scheme.
(5) Exemption process. Upon receipt of a request for an exemption under paragraph (b)(4) of this
section, the Regional Administrator will, to the extent they determine appropriate, assist the fishing
vessel owner in requesting an IMO number. If the Regional Administrator determines that the fishing
vessel owner has followed all appropriate procedures and yet is unable to obtain an IMO number for
the fishing vessel, they will issue an exemption from the requirements of paragraph (b)(3) of this
section for the vessel and its owner and notify the owner of the exemption. The Regional
Administrator may limit the duration of the exemption. The Regional Administrator may rescind an

50 CFR 300.23(b)(5) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

50 CFR 300.23(c)

exemption at any time. If an exemption is rescinded, the fishing vessel owner must comply with the
requirements of paragraph (b)(3) within 30 days of being notified of the rescission. If the ownership
of a fishing vessel changes, an exemption issued to the former fishing vessel owner becomes void.
(c) Purse seine Vessel Register listing. For a tuna purse seine vessel to be listed on the Vessel Register and to
be categorized as either “active” or “inactive” in the following calendar year, the vessel owner or managing
owner must submit to the Regional Administrator the required permit applications, written notifications,
and fees as described under 50 CFR 216.24(b) and under paragraphs (c)(2) and (3) of this section as well
as payment of the vessel assessment fee, where applicable, to the IATTC.
(1) Restrictions for purse seine vessels. The following restrictions apply:
(i)

The cumulative carrying capacity of all tuna purse seine vessels on the Vessel Register may not
exceed 31,866 cubic meters in a given year; and

(ii) A purse seine vessel in excess of 400 st (362.8 mt) carrying capacity may not be added to
active status on the Vessel Register unless the captain of the vessel has obtained a valid
operator permit under 50 CFR 216.24(b)(2).
(2) Active status for purse seine vessels. As early as August 1 of each year, vessel owners or managing
owners may request that a purse seine vessel qualified to be listed on the Vessel Register under
paragraph (a)(2) of this section be categorized as active for the following calendar year. To request a
purse seine vessel in excess of 400 st (362.8 mt) carrying capacity be listed on the Vessel Register
and be categorized as active, the vessel owner or managing owner must submit to the Regional
Administrator the vessel permit application and payment of the permit application fee and submit to
the IATTC payment of the vessel assessment fee.
(i)

To request a purse seine vessel of 400 st (362.8 mt) carrying capacity or less be listed on the
Vessel Register and be categorized as active, the vessel owner or managing owner must
submit to the HMS Branch written notification including, but not limited to, a vessel photograph,
the vessel information as described under paragraph (b) of this section, and the owner or
managing owner's signature, business email address, and business telephone and fax
numbers. If a purse seine vessel of 400 st (362.8 mt) carrying capacity or less is required by the
Agreement on the IDCP to carry an observer, the vessel owner or managing owner must also
submit payment of the vessel assessment fee to the IATTC.

(ii) The Regional Administrator must receive the vessel permit application or written notification
and payment of the permit application fee and payment confirmation of the vessel assessment
fee no later than September 15 for vessels for which a DML was requested for the following
year and no later than November 30 for vessels for which a DML was not requested for the
following year. Submission of the vessel permit application or written notification and payment
of the vessel assessment fee and permit application fee will be interpreted by the Regional
Administrator as a request for a vessel to be categorized as active.
(3) Inactive status for purse seine vessels.
(i)

From August 1 through November 30 of each year, vessel owners or managing owners may
request that purse seine vessels qualified to be listed on the Vessel Register under paragraph
(a)(2) of this section be categorized as inactive for the following calendar year. To request a
purse seine vessel in excess of 400 st (362.8 mt) carrying capacity be listed on the Vessel
Register and categorized as inactive for the following calendar year, the vessel owner or

50 CFR 300.23(c)(3)(i) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
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50 CFR 300.23(c)(3)(ii)

managing owner must submit to the IATTC payment of the associated vessel assessment fee.
Payment of the vessel assessment fee consistent with inactive status will be interpreted by the
Regional Administrator as a request for the vessel to be categorized as inactive.
(ii) To request a tuna purse seine vessel of 400 st (362.8 mt) carrying capacity or less be listed on
the Vessel Register and categorized as inactive for the following calendar year, the vessel
owner or managing owner must submit to the HMS Branch a written notification including, but
not limited to, the vessel name and registration number and the vessel owner or managing
owner's name, signature, business address, business email address, and business telephone
and fax numbers. Payment of the vessel assessment fee is not required for vessels of 400 st
(362.8 mt) carrying capacity or less to be categorized as inactive.
(iii) At any time during the year, a vessel owner or managing owner may request that a tuna purse
seine vessel qualified to be listed on the Vessel Register under paragraph (a)(2) of this section
be categorized as inactive for the remainder of the calendar year, provided the cumulative
carrying capacity described in paragraph (c)(1)(i) of this section is not exceeded. To request a
purse seine vessel in excess of 400 st (362.8 mt) carrying capacity be listed on the Vessel
Register and categorized as inactive for the remainder of the calendar year, the vessel owner or
managing owner must submit to the IATTC payment of the associated vessel assessment fee.
To request a tuna purse seine vessel of 400 st (362.8 mt) carrying capacity or less be listed on
the Vessel Register and categorized as inactive for the remainder of the calendar year, the
vessel owner or managing owner must submit to the HMS Branch written notification as
described in paragraph (c)(3)(i) of this section. Payment of the vessel assessment fee is not
required for such vessels.
(iv) The vessel owner or managing owner of a purse seine vessel listed as active on the Vessel
Register that has sunk may request the vessel be listed as sunk and categorized as inactive on
the Vessel Register. To request the vessel be listed as sunk and categorized as inactive on the
Vessel Register, the vessel owner or managing owner must submit to the HMS Branch written
notification within 30 days of the vessel's sinking. Written notification shall include, but is not
limited to, the vessel name, date of sinking, registration number, the vessel owner or managing
owner's name, signature, business address, business email address, and business telephone
and fax numbers. For subsequent calendar years, vessel assessment fee payment shall be
made as described in paragraph (c)(3) of this section.
(v) A vessel listed as inactive or sunk on the Vessel Register for more than two consecutive
calendar years after January 21, 2020, requesting active status will be prioritized according to
the hierarchy under paragraph (e) of this section. A vessel listed as inactive or sunk on the
Vessel Register for more than two consecutive calendar years after January 21, 2020, will be
removed from the Vessel Register as described in paragraph (f)(9) of this section.
(d) Frivolous requests for purse seine vessels on the Vessel Register.
(1) Except as described under paragraph (d)(2) of this section, requests for active status under
paragraph (c)(2) of this section will be considered frivolous if, for a vessel categorized as active on
the Vessel Register in a given calendar year:
(i)

Less than 20 percent of the vessel's total landings, by weight, in that same year is comprised of
tuna harvested by purse seine in the Convention Area; or

(ii) The vessel did not fish for tuna at all in the Convention Area in that same year.
50 CFR 300.23(d)(1)(ii) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
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50 CFR 300.23(d)(2)

(2) Requests described under paragraph (d)(1) of this section will not be considered frivolous requests
if:
(i)

The vessel's catch pattern fell within the criteria described in paragraph (d)(1) of this section as
a result of force majeure or other extraordinary circumstances as determined by the Regional
Administrator; or

(ii) The vessel's carrying capacity is 400 st (362.8 mt) or less and there was at least one
documented landing of tuna caught by the vessel in the Convention Area in the calendar year
prior to the year in which the request is made and through November 15 of the year of the
request, unless the vessel was not able to make a landing as a result of force majeure or other
extraordinary circumstances as determined by the Regional Administrator.
(iii) The vessel was listed as inactive before January 21, 2020, and has not been listed as inactive
for more than two consecutive calendar years since January 21, 2020.
(e) Listing hierarchy for purse seine vessels on the Vessel Register. Requests for active status and inactive
status will be prioritized according to the following hierarchy:
(1) Requests received for replacement vessels with a carrying capacity equal to or less than a vessel
removed from the Vessel Register under a request described in paragraph (j) of this section;
(2) Requests received for vessels that were categorized as active in the previous year, unless the request
was determined to be frivolous by the Regional Administrator under paragraph (c)(2) of this section;
(3) Requests received for vessels that were categorized as inactive under paragraph (c)(3) of this
section in the previous year, unless that vessel has been listed as inactive or sunk under paragraph
(c)(3) for more than 2 consecutive calendar years after January 21, 2020;
(4) Requests for vessels not described in paragraphs (e)(1) through (3) of this section, and requests, if
applicable, by replacement vessels for the portion of the carrying capacity greater than the amount
authorized to the vessel that was replaced under paragraph (j) of this section, will be prioritized on a
first-come, first-served basis according to the date and time of receipt, provided that the associated
vessel assessment fee is paid by the applicable deadline described in 50 CFR 216.24(b)(6)(iii); and
(5) Requests received from owners or managing owners of vessels that were determined by the
Regional Administrator to have made a frivolous request for active status under paragraph (d) of this
section or that have been listed as inactive or sunk as described in paragraph (c)(3) of this section
for more than two consecutive calendar years after January 21, 2020.
(f) Removal from the Vessel Register. A vessel may be removed from the Vessel Register by the Regional
Administrator under any of the following circumstances:
(1) The vessel has sunk and the vessel owner or managing owner has not submitted written notification
as described in paragraph (c)(3)(iv) of this section.
(2) By written request of the vessel's owner or managing owner.
(3) Following a final agency action on a permit sanction for a violation.
(4) For failure to pay a penalty or for default on a penalty payment agreement resulting from a final
agency action for a violation.
(5) The U.S. Maritime Administration or the U.S. Coast Guard notifies NMFS that:
50 CFR 300.23(f)(5) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

(i)

50 CFR 300.23(f)(5)(i)

The owner has submitted an application for transfer of the vessel to foreign registry and flag; or

(ii) The documentation for the vessel has been or will be deleted for any reason.
(6) The vessel does not have a valid state registration or U.S. Coast Guard certificate of documentation.
(7) For tuna purse seine vessels, by written notification from the owner or managing owner of the intent
to transfer the vessel to foreign registry and flag, as described in paragraph (i) of this section.
(8) For tuna purse seine vessels, the request for active status on the Vessel Register has been
determined to be a frivolous request.
(9) For tuna purse seine vessels, the vessel has been listed as inactive or sunk on the Vessel Register for
more than two consecutive calendar years after January 21, 2020.
(g) Process for removal from the Vessel Register. When a vessel is removed from the Vessel Register under
paragraph (f) of this section, the Regional Administrator shall promptly notify the vessel owner in writing
of the removal and the reasons therefore. For a removal from the Vessel Register under § 300.30(f)(3), the
Regional Administrator will not accept a request to reinstate the vessel to the Vessel Register for the term
of the permit sanction. For a removal from the Vessel Register under § 300.30(f)(4), the Regional
Administrator will not accept a request to reinstate the vessel to the Vessel Register until such time as
payment is made on the penalty or penalty agreement, or such other duration as NOAA and the vessel
owner may agree upon.
(h) Procedures for replacing purse seine vessels removed from the Vessel Register.
(1) A purse seine vessel that was previously listed on the Vessel Register, but not included for a given
year or years, may be added back to the Vessel Register and categorized as inactive at any time
during the year, provided the cumulative carrying capacity described in paragraph (c)(1)(i) of this
section is not exceeded. The owner or managing owner of a purse seine vessel of more than 400 st
(362.8 mt) carrying capacity must pay the vessel assessment fee associated with inactive status.
The owner or managing owner of a purse seine vessel of 400 st (362.8 mt) carrying capacity or less
must submit written notification as described in paragraph (c)(3) of this section.
(2) A purse seine vessel may be added to the Vessel Register and categorized as active in order to
replace a vessel or vessels removed from active or inactive status under paragraph (f) of this
section, provided the total carrying capacity described in paragraph (c)(1)(i) of this section is not
exceeded and the owner submits a complete request under paragraph (h)(4) of this section.
(3) Notification of available capacity after a purse seine vessel has been removed from the Vessel
Register will be conducted as follows:
(i)

After a purse seine vessel categorized as active or inactive is removed from the Vessel Register,
the Regional Administrator will notify owners or managing owners of vessels eligible for, but
not included on, the Vessel Register that replacement capacity is available on the active or
inactive list of the Vessel Register.

(ii) When a purse seine vessel categorized as active or inactive on the Vessel Register has been
removed from the Vessel Register under the procedures described in paragraph (j) of this
section, the Regional Administrator will not make available the capacity of the vessel removed
from the Vessel Register, and will reserve that capacity for a replacement vessel for a period of
2 years from the date of notification described in paragraph (j)(4) of this section. The
replacement vessel will be eligible to be listed as active on the Vessel Register at the same
50 CFR 300.23(h)(3)(ii) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

50 CFR 300.23(h)(4)

carrying capacity or less as that of the vessel it is replacing. If the replacement vessel has a
carrying capacity greater than the vessel being replaced, the vessel owner or managing owner
may request additional carrying capacity allocated to the vessel in accordance with paragraph
(e)(4) of this section. If additional carrying capacity is not available, the replacement vessel
must reduce its carrying capacity to no more than the previously authorized carrying capacity
amount for the vessel being replaced by complying with the protocol for sealing wells adopted
by the IATTC, prior to it being listed as active on the Vessel Register. Such a vessel may apply
for additional carrying capacity as it becomes available under the procedures described in
paragraph (e)(4).
(4) Vessel owners or managing owners may request a purse seine vessel of 400 st (362.8 mt) carrying
capacity or less be categorized as active to replace a vessel or vessels removed from the Vessel
Register by submitting to the HMS Branch written notification as described in paragraph (c)(2) of this
section and, only if the vessel is required by the Agreement on the IDCP to carry an observer,
payment of the vessel assessment fee to the IATTC within 10 business days after submission of the
written notification. The replacement vessel will be eligible to be categorized as active on the Vessel
Register at the same carrying capacity or less as that of the vessel or vessels it is replacing. If the
replacement vessel has a carrying capacity greater than the vessel being replaced, the vessel owner
or managing owner may request additional carrying capacity allocated to the vessel in accordance
with paragraph (e)(4) of this section. If additional carrying capacity is not available, the replacement
vessel must reduce its capacity to no more than the previously authorized carrying capacity for the
vessel or vessels being replaced by complying with the protocol for sealing wells adopted by the
IATTC, prior to it being listed as active on the Vessel Register. Such a vessel may apply for additional
carrying capacity as it becomes available. Payments received will be subject to a 10 percent
surcharge for vessels that were listed as active on the Vessel Register in the previous calendar year,
but not listed as inactive at the beginning of the calendar year for which active status was requested.
(5) Vessel owners or managing owners may request a purse seine vessel in excess of 400 st (362.8 mt)
carrying capacity be categorized as active to replace a vessel or vessels removed from the Vessel
Register by submitting to the Regional Administrator the vessel permit application as described
under 50 CFR 216.24(b) and payment of the vessel assessment fee to the IATTC and payment of the
permit application fee to the Regional Administrator within 10 business days after submission of the
vessel permit application for the replacement vessel. The replacement vessel will be eligible to be
categorized as active on the Vessel Register at the same carrying capacity as that of the vessel or
vessels it is replacing. If the replacement vessel has a carrying capacity greater than the vessel
being replaced, the vessel owner or managing owner may request additional carrying capacity
allocated to the vessel in accordance with paragraph (e)(4) of this section. If additional carrying
capacity is not available, the replacement vessel must reduce its carrying capacity to no more than
the previously authorized carrying capacity for the vessel or vessels being replaced by complying
with the protocol for sealing wells adopted by the IATTC, prior to it being listed as active on the
Vessel Register. Such a vessel may apply for additional carrying capacity as it becomes available.
The replacement vessel will also only be eligible to be categorized as active on the Vessel Register if
the captain of the replacement vessel possesses an operator permit under 50 CFR 216.24(b).
Payments received will be subject to a 10 percent surcharge for vessels that were listed as active on
the Vessel Register in the previous calendar year, but not listed as inactive at the beginning of the
calendar year for which active status was requested.
(6) The Regional Administrator will forward requests to replace vessels removed from the Vessel
Register within 15 days of receiving each request.
50 CFR 300.23(h)(6) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

50 CFR 300.23(i)

(i)

Transfers of purse seine vessels to a foreign registry and flag. The owner or managing owner of a purse
seine vessel listed on the Vessel Register must provide written notification to the Regional Administrator
prior to submitting an application for transfer of the vessel to foreign registry and flag. Written notification
must be submitted to the Regional Administrator at least 10 business days prior to submission of the
application for transfer. The written notification must include the vessel name and registration number;
the expected date that the application for transfer will be submitted; and the vessel owner or managing
owner's name and signature. Vessels that require approval by the U.S. Maritime Administration prior to
transfer of the vessel to foreign registry and flag will not be subject to the notification requirement
described in this paragraph (i).

(j)

Aging fleet provision for purse seine vessels.
(1) The vessel owner or managing owner of a purse seine vessel listed as active or inactive on the
Vessel Register may request to replace the current vessel with a new or used vessel without losing
the vessel's placement in the hierarchy of requests for active status as described in paragraph (e) of
this section. The replacement vessel will be eligible to be listed as active on the Vessel Register at
the same carrying capacity or less as that of the vessel it is replacing. If the replacement vessel has
a carrying capacity greater than the vessel being replaced, the vessel owner or managing owner may
request additional carrying capacity be allocated to the vessel in accordance with paragraph (e)(4)
of this section. If additional carrying capacity is not available at the time the request to be listed as
active on the Vessel Register is received by the Regional Administrator, the replacement vessel must
reduce its carrying capacity to no more than the previously authorized carrying capacity of the vessel
being replaced by complying with the protocol for sealing wells adopted by the IATTC, prior to it
being listed as active on the Vessel Register. Such a vessel may apply for additional carrying
capacity as it becomes available under the procedures described in paragraph (e)(4). This aging fleet
provision may be used only once per vessel by the vessel owner or managing owner.
(2) A request made under this provision may include a request to remove the vessel from the Vessel
Register. The Regional Administrator will ensure the amount of carrying capacity equal to or less of
the vessel being replaced will be available for the replacement vessel for up to 2 years from the date
of notification described in paragraph (j)(4) of this section.
(3) To request a vessel be replaced under this provision, the vessel owner or managing owner must
submit to the HMS Branch written notification including, but not limited to, the vessel name and
registration number, the vessel owner or managing owner's name, signature, business address,
business email address, and business telephone and fax numbers, and the expected month and year
the replacement vessel will be ready to fish in the Convention Area.
(4) Within 30 days of receiving each request described in paragraph (j)(3) of this section, the Regional
Administrator shall notify the vessel owner or managing owner in writing whether the request has
been accepted or denied, and the reasons therefore.

[87 FR 40736, July 8, 2022]

§ 300.24 Prohibitions.
In addition to the prohibitions in § 300.4, it is unlawful for any person or vessel subject to the jurisdiction of the
United States to:

50 CFR 300.24 (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

50 CFR 300.24(a)

(a) Land any species of tuna during the closed season for that species in excess of the amount allowed by
the Regional Administrator.
(b) [Reserved]
(c) Use tender vessels in the Convention Area.
(d) Transship purse seine-caught tuna at sea within the Convention Area.
(e) Fail to retain any bigeye, skipjack, or yellowfin tuna caught by a fishing vessel of the United States of class
size 4-6 using purse seine gear in the Convention Area as required under § 300.27(a).
(f) When using purse seine gear to fish for tuna in the Convention Area, fail to release any fish species
(excluding mobulid rays, tuna, tuna-like species, and those being retained for consumption aboard the
vessel) as soon as practicable after being identified on board the vessel during the brailing operation as
required in § 300.27(b).
(g) [Reserved]
(h) Fail to use the sea turtle handling, release, and resuscitation procedures in § 300.27(c).
(i)

Fail to report information when requested by the Regional Administrator under § 300.22.

(j)

Fail to provide written notification as described under § 300.22(b)(8) to the Regional Administrator at least
10 business days prior to submission of an application to transfer a purse seine vessel listed on the
Vessel Register to foreign registry and flag, unless transfer of the vessel requires approval by the U.S.
Maritime Administration.

(k) Use a U.S. fishing vessel over 24 meters in length to retain on board, transship, or land bigeye tuna caught
by longline gear in the Convention Area or to fish in contravention of § 300.25(a)(4)(i) or (ii).
(l)

Use a U.S. fishing vessel over 24 meters in overall length to fish with longline gear in the Pacific Ocean
both inside and outside the Convention Area on the same fishing trip in contravention of §
300.25(a)(4)(iii).

(m) Fail to stow gear as required in § 300.25(a)(4)(iv) or (e)(6).
(n) Use a fishing vessel of class size 4-6 to fish with purse seine gear in the IATTC Convention Area in
contravention of § 300.25(e).
(o) Use a U.S. longline or purse seine fishing vessel used to fish for HMS within one nautical mile of an
anchored data buoy while the fishing vessel is in the Convention Area in contravention of § 300.25(f)(1).
(p) Use a U.S. fishing vessel used for fishing for HMS, or any gear, equipment, or watercraft deployed by such
a fishing vessel, to interact with a data buoy in the Convention Area in contravention of § 300.25(f)(2).
(q) Remove from the water a data buoy and place it on board or tow a data buoy with a U.S. fishing vessel
used for fishing for HMS while the vessel is in the Convention Area without authorization by the owner of
the data buoy or the owner's authorized representative in contravention of § 300.25(f)(3).
(r) In the event of an entanglement of a data buoy with a U.S. fishing vessel, or its fishing gear, equipment, or
associated watercraft, used for fishing for HMS in the Convention Area, fail to promptly remove the data
buoy with as little damage to the data buoy and its mooring and anchor lines as possible, in contravention
of § 300.25(f)(4).

50 CFR 300.24(r) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

50 CFR 300.24(s)

(s) Fail to take all reasonable measures to avoid fishing gear entanglement or interaction with drifting data
buoys in contravention of § 300.25(f)(5).
(t) Use a U.S. fishing vessel to fish for HMS in the Convention Area and retain on board, transship, land, store,
sell, or offer for sale any part or whole carcass of an oceanic whitetip shark (Carcharhinus longimanus) or
fail to release unharmed, to the extent practicable, all oceanic whitetip sharks when brought alongside the
vessel in contravention of § 300.27(d).
(u) Use a United States commercial fishing vessel in the Convention Area to target, retain on board, transship,
or land Pacific bluefin tuna in contravention of § 300.25(g)(2) through (6).
(v) Fail to maintain, submit, or ensure submission of a log that includes all the information required in §
300.22(a).
(w) Set or attempt to set a purse seine on or around a whale shark (Rhincodon typus) in contravention of §
300.27(g).
(x) Fail to release a whale shark encircled in a purse seine net of a fishing vessel as required in § 300.27(h).
(y) Fail to install, activate, or operate a VMS unit as required in § 300.26(c).
(z) In the event of VMS unit failure or interruption: fail to repair or replace a VMS unit; fail to notify the
Assistant Director, NOAA Office of Law Enforcement, Pacific Islands Division (or designee) and follow the
instructions provided; fail to manually report as required in § 300.26(c)(4)(ii); or otherwise fail to act as
provided in § 300.26(c)(4).
(aa) Disable, destroy, damage or operate improperly a VMS unit installed under § 300.26, or attempt to do any
of the same, or fail to ensure that its operation is not impeded or interfered with, as provided in §
300.26(e).
(bb) Fail to make a VMS unit installed under § 300.26 or the position data obtained from it available for
inspection, as provided in § 300.26 (f) and (g).
(cc) To retain on board, transship, store, land, sell, or offer for sale any part or whole carcass of a mobulid ray,
as described in § 300.27(i).
(dd) Fail to handle or release a mobulid ray as required in § 300.27(j).
(ee) Fail to ensure characters of a unique code are marked indelibly on a FAD deployed or modified on or after
January 1, 2017, in accordance with § 300.28(a)(2).
(ff) Fail to provide information to an observer or record or report data on FADs as required in § 300.22(c).
(gg) Use a commercial purse seine or longline fishing vessel of the United States to retain on board, transship,
store, or land any part or whole carcass of a silky shark (Carcharhinus falciformis) in contravention of §
300.27(e).
(hh) Fail to follow observer safety requirements as specified under § 300.29.
(ii) Fail to handle or release a shark as required in § 300.27(k).
(jj) Use a shark line in contravention of § 300.27(l).
(kk) When deploying a FAD, activate the satellite buoy attached to a FAD in a location other than on a purse
seine vessel at sea as required in § 300.28(b).
(ll) Fail to activate a satellite buoy before deploying a FAD at sea as required in § 300.28(b).
50 CFR 300.24(ll) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

50 CFR 300.24(mm)

(mm) Deploy a FAD in the IATTC Convention Area that is not an Active FAD.
(nn) Have more Active FADs than specified in § 300.28(c) in the IATTC Convention Area at any one time.
(oo) Deploy a FAD in the IATTC Convention Area during a period of 15 days prior to the start of the selected
closure period in contravention of § 300.28(d)(1).
(pp) Fail to timely remove from the water a number of FADs in the IATTC Convention Area equal to the number
of FADs set upon by the vessel during the 15 days prior to the start of the selected closure period as
required in § 300.28(d)(2).
(qq) Deploy, or have onboard a vessel, a FAD in the IATTC Convention Area that fails to comply with the FAD
design requirements in § 300.28(e).
[61 FR 35550, July 5, 1996]

Editorial Note: For FEDERAL REGISTER citations affecting § 300.24, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 300.25 Fisheries management.
(a) Longline tuna catch limits.
(1) Fishing seasons for all tuna species begin on 0000 hours Coordinated Universal Time (UTC) January
1 and end either on 2400 hours UTC December 31 or when NMFS closes the fishery for a specific
species.
(2) There is a limit of 750 metric tons of bigeye tuna that may be caught by longline gear in the
Convention Area by U.S. commercial fishing vessels that are over 24 meters in overall length. The
catch limit within a calendar year is subject to increase if the United States receives a transfer of
catch limit from another IATTC member or cooperating non-member, per paragraph (a)(5) of this
section.
(3) NMFS will project a date the limit of bigeye tuna established under paragraph (a)(2) of this section
will be reached (i.e., a closure date) by monitoring longline landings, data submitted in logbooks, and
other available information. NMFS will publish a notice in the FEDERAL REGISTER at least 7 calendar
days in advance of that projected closure date announcing that the limit has been reached. The
FEDERAL REGISTER notice will specify that the restrictions described in paragraph (a)(4) of this section
will be in effect through the end of the calendar year.
(4) Once the closure date is announced, pursuant to paragraph (a)(3) of this section the following
restrictions will apply during the period specified in the announcement:
(i)

A fishing vessel of the United States over 24 meters in overall length may not be used to retain
on board, transship, or land bigeye tuna captured by longline gear in the Convention Area,
except as follows:
(A) Any bigeye tuna already on board a U.S. fishing vessel upon the effective closure date may
be retained on board, transshipped, and/or landed, to the extent authorized by applicable
laws and regulations, provided that the bigeye tuna is landed within 14 days after the
effective closure date.

50 CFR 300.25(a)(4)(i)(A) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
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50 CFR 300.25(a)(4)(i)(B)

(B) The 14-day limit is waived in the case of a U.S. fishing vessel that has already declared to
NMFS, pursuant to § 665.803(a) of this title, that the current trip type is shallow-setting.
However, the number of bigeye tuna retained on board, transshipped, or landed must not
exceed the number on board the vessel upon the effective closure date, as recorded by the
NMFS observer on board the vessel.
(ii) Bigeye tuna caught by a vessel of the United States over 24 meters in overall length and using
longline gear in the Convention Area may not be transshipped to a fishing vessel unless that
fishing vessel is operated in compliance with a valid permit issued under § 660.707 or §
665.801 of this title.
(iii) A fishing vessel of the United States over 24 meters in overall length may not be used to fish in
the Pacific Ocean using longline gear both inside and outside the Convention Area during the
same fishing trip. The only exceptions are: a fishing trip during which the closure date was
announced under paragraph (a)(3) of this section, and a trip for which a declaration has been
made to NMFS, pursuant to § 665.803(a) of this title, that the current trip is shallow-setting.
(iv) If a fishing vessel of the United States over 24 meters in overall length is used to fish in the
Pacific Ocean using longline gear outside the Convention Area and the vessel enters the
Convention Area at any time during an effective closure period on the same fishing trip, the
longline gear on the fishing vessel must be stowed in a manner so as not to be readily available
for fishing. Specifically, the hooks, branch or dropper lines, and floats used to buoy the mainline
must be stowed and not available for immediate use, and any power-operated mainline hauler
on deck must be covered in such a manner that it is not readily available for use. This provision
does not apply to trips in which vessels have made a declaration to NMFS, pursuant to §
665.803(a) of this title, that the trip type is shallow-setting.
(5) If the United States engages in a transfer of a bigeye tuna catch limit with another IATTC member or
cooperating non-member, NMFS will publish a notice in the FEDERAL REGISTER announcing the new
catch limit that is available to U.S. commercial fishing vessels that are over 24 meters in overall
length. All restrictions described in paragraphs (a)(1) and (3) through (4) of this section will continue
to apply.
(b) Use of tender vessels. No person subject to these regulations may use a tender vessel in the Convention
Area.
(c) Transshipments at sea. No person subject to these regulations may transship purse seine-caught tuna
from one vessel to another vessel at sea within the Convention Area.
(d) Observer requirements —
(1) Purse seine vessels.
(i)

The holder of an eastern tropical Pacific Ocean vessel permit, as required by § 216.24(b) of this
title, must allow an observer duly authorized by the Administrator, West Coast Region, to
accompany the vessel on all fishing trips in the IATTC Convention Area for the purpose of
conducting research and observing operations, including collecting information that may be
used in civil or criminal penalty proceedings, forfeiture actions, or permit sanctions, pursuant to
the requirements in § 216.24(e) of this title. A vessel that fails to carry an observer in
accordance with these requirements may not engage in fishing operations unless an exemption
has been granted from these requirements as provided for in § 216.24(e)(1)(i) of this title.

50 CFR 300.25(d)(1)(i) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

50 CFR 300.25(d)(1)(ii)

(ii) [Reserved]
(2) [Reserved]
(e) Purse seine closures —
(1) 72-day closure. A U.S. commercial purse seine fishing vessel that is of class size 4-6 (more than 182
metric tons carrying capacity) may not be used to fish with purse seine gear in the Convention Area
for 72 days during one of the following two periods:
(i)

From 0000 hours Coordinated Universal Time (UTC) July 29 to 2400 hours UTC October 8; or

(ii) From 0000 hours UTC November 9 to 2400 hours UTC January 19 of the following year.
(2) Additional closure days for vessels that exceed bigeye tuna catch levels.
(i)

In 2023 and 2024, U.S. purse seine vessels that exceed a certain annual catch level of bigeye
tuna must increase the number of closure days they observe in the following year, as specified
in table 1 to this paragraph (e)(2).

(ii) The additional days of closure must be added to one of the two closure periods indicated in
paragraph (e)(1) of this section. For vessels observing the first closure period, the additional
days must be added at the beginning of the closure period. For vessels observing the second
closure period, the additional days must be added to the end of the closure period. The HMS
Branch will confirm the determination of annual catch levels for U.S. purse vessels based on
information provided by the IATTC and notify any U.S. vessel that exceeds a given catch level.

TABLE 1 TO PARAGRAPH (e)(2)
Catch level
(mt)
exceeded

Additional
closure days
observed

1,200

10

1,500

13

1,800

16

2,100

19

2,400

22

(3) Choice of closure period. A vessel owner, manager, or association representative of a vessel that is
subject to the requirements of paragraph (e)(1) of this section must provide written notification to
the Regional Administrator declaring which one of the two closure periods identified in paragraph
(e)(1) their vessel will observe in that year. This written notification must be submitted by email to
[email protected] and must be received no later than May 15 of the relevant calendar year. The
written notification must include the vessel name and registration number, the closure dates that will
be observed by that vessel, and the vessel owner or managing owner's name, signature, business
address, and business telephone number.
50 CFR 300.25(e)(3) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

50 CFR 300.25(e)(4)

(4) Default closure period. If written notification is not submitted per paragraph (e)(3) of this section for
a vessel subject to the requirements under paragraph (e)(1) of this section, that vessel must observe
the second closure period under paragraph (e)(1)(ii) of this section.
(5) Request for exemption due to force majeure. A vessel may request a reduced closure period if a force
majeure event renders the vessel unable to proceed to sea outside one of the two closure periods
specified in paragraph (e)(1) of this section for at least 75 continuous days. A vessel will only be
eligible for an exemption due to force majeure if the vessel was disabled in the course of fishing
operations by mechanical and/or structural failure, fire, or explosion.
(i)

A request for an exemption due to force majeure must be made to the Highly Migratory Species
Branch no later than 20 calendar days after the end of the period of inactivity due to force
majeure. The request must be made via email to [email protected] or by contacting the HMS
Branch. The request must include the name and official number of the vessel, vessel owner or
manager's name and signature, and evidence to support the request, which may include but is
not limited to photographs, repair bills, certificates of departure from port, and in the case of a
marine casualty, a completed copy of the U.S. Coast Guard Form CG-2692A (See 46 CFR
4.05-10).

(ii) If accepted by the Sustainable Fisheries Division, the request for exemption due to force
majeure will be forwarded to the IATTC Director. If declined by the Sustainable Fisheries
Division, the applicant may provide additional information or documentation to the Sustainable
Fisheries Division with a request that the initial decision be reconsidered by email to
[email protected], or by contacting the HMS Branch Chief.
(iii) If the request for an exemption due to force majeure is accepted by the IATTC, the vessel may
observe a reduced closure period of 40 consecutive days in the same year during which the
force majeure event occurred, in one of the two closure periods described in paragraph (e)(1) of
this section. After a request is accepted by the IATTC, the vessel owner or manager must
specify to the HMS Branch which 40 consecutive days the vessel will observe for their reduced
closure period.
(iv) If the request for an exemption due to force majeure is accepted by the IATTC and the vessel
has already observed a closure period described in paragraph (e)(1) of this section in the same
year during which the force majeure event occurred, the vessel may observe a reduced closure
period of 40 consecutive days the following year, in one of the two closure periods described in
paragraph (e)(1).
(v) An exemption due to force majeure will only apply to the 72-day closure period required under
paragraph (e)(1) of this section. Vessels that are both granted a reduced 40-day initial closure
period due to force majeure under this paragraph (e)(5) and required to observe additional
closure days for exceeding bigeye tuna catch levels under paragraph (e)(2) of this section must
observe the reduced closure period consecutively with the additional closure days by adding
the additional closure days to either the beginning of the first reduced closure period or the end
of the second reduced closure period.
(vi) Any purse seine vessel for which a force majeure request is accepted by the IATTC must carry
an observer aboard authorized pursuant to the International Agreement on the International
Dolphin Conservation Program, unless that vessel has been granted an exemption from the
Regional Administrator.

50 CFR 300.25(e)(5)(vi) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

50 CFR 300.25(e)(6)

(6) 31-day area closure. A U.S. fishing vessel of class size 4-6 (more than 182 metric tons carrying
capacity) may not be used from 0000 hours on October 9 to 2400 hours on November 8 to fish with
purse seine gear within the area bounded at the east and west by 96° and 110° W longitude and
bounded at the north and south by 4° N and 3° S latitude.
(7) Requirement to stow gear. At all times while a vessel is in a time/area closed period established
under paragraph (e)(1) or (6) of this section, unless fishing under the exception under paragraph
(e)(5) of this section, the fishing gear of the vessel must be stowed in a manner as not to be readily
available for fishing. In particular, the boom must be lowered as far as possible so that the vessel
cannot be used for fishing, but so that the skiff is accessible for use in emergency situations; the
helicopter, if any, must be tied down; and launches must be secured.
(f) Restrictions on fishing in proximity to data buoys.
(1) A longline or purse seine fishing vessel of the United States may not be used to fish for HMS within
one nautical mile of an anchored data buoy in the Convention Area. The one-nautical-mile distance
shall be measured from the data buoy to the nearest portion of the fishing vessel or items
associated with the fishing vessel, such as gear or watercraft deployed by the fishing vessel, to the
data buoy. This prohibition shall not apply if and when the fishing vessel is operated as part of a
scientific research program that has received specific authorization by the IATTC or is conducting
work on behalf of the IATTC.
(2) A fishing vessel of the United States used to fish for HMS, or any fishing gear, equipment, or
watercraft deployed by such a fishing vessel, may not be used to interact with a data buoy while the
fishing vessel is in the Convention Area. Interact with a data buoy means to engage in conduct that
could impair the functioning of a data buoy through actions that include but that are not limited to
the following: encircling the buoy with fishing gear; tying up to or attaching the vessel, or any fishing
gear, part or portion of the fishing vessel, including equipment such as watercraft, to a data buoy or
its mooring; or cutting a data buoy anchor line.
(3) A vessel operator, crew member, or other persons on board a fishing vessel of the United States that
is used to fish for HMS may not remove a data buoy or any parts thereof from the water and place it
on board the fishing vessel or tow a data buoy when in the Convention Area unless authorized to do
so by the owner of the data buoy or an authorized representative or agent of the owner. When
practicable, advance written authorization must be available onboard a U.S. fishing vessel that has
taken on board or tows a data buoy. In all other cases, a written document (e.g., fax, email) verifying
the authorization must be obtained by the vessel owner or operator within 15 days of landing.
(4) In the event that a fishing vessel of the United States that is used to fish for HMS or any of its fishing
gear, equipment, or associated watercraft, becomes entangled with a data buoy while the fishing
vessel is in the Convention Area, the owner and operator of the fishing vessel must promptly remove
the entangled fishing vessel, fishing gear, equipment, or associated watercraft with as little damage
to the data buoy and its mooring and anchor lines as possible.
(5) A vessel operator, crew member, or other persons on board a fishing vessel of the United States that
is used to fish for HMS must take all reasonable measures to avoid fishing gear entanglement or
interaction with drifting data buoys.
(g) Pacific bluefin tuna (Thunnus orientalis) commercial catch limits in the eastern Pacific Ocean for
2022-2024 —
(1) Biennial catch limit for 2021-2022. The biennial catch limit for 2021-2022 is 739 metric tons.
50 CFR 300.25(g)(1) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

50 CFR 300.25(g)(2)

(2) Biennial catch limit for 2023-2024. The biennial catch limit for 2023-2024 is either:
(i)

1,017 metric tons increased by the amount, not to exceed 37 metric tons, of Pacific bluefin tuna
catch remaining from the 2021-2022 U.S. commercial catch limit; or,

(ii) 1,017 metric tons reduced by the amount of Pacific bluefin tuna caught in excess of the
2021-2022 U.S. commercial biennial catch limit.
(3) Annual catch and trip limits for 2022. For the calendar year 2022, all commercial fishing vessels of
the United States combined may capture, retain, transship, or land no more than 523 metric tons. A
20-metric ton trip limit will be in effect until any of the following criteria are met:

If the time of year is . . .

And NMFS anticipates
cumulative catch will be . . .

Then the trip limit will be . . .

(mt)

(mt)

(i) January through June

200
300

15
3

(ii) July through September

250
325

15
3

(iii) October through December

300
423

15
3

(4) Annual catch and trip limits for 2023. For the calendar year 2023, all commercial fishing vessels of
the United States combined may capture, retain, transship, or land no more than 720 metric tons. A
30-metric ton trip limit will be in effect until any of the following criteria are met:

If the time of year is . . .

And NMFS anticipates
cumulative catch will be . . .

Then the trip limit will be . . .

(mt)

(mt)

(i) January through June

400
500

20
3

(ii) July through September

430
520

20
3

(iii) October through December

470
620

20
3

(5) Annual catch and trip limits for 2024.

50 CFR 300.25(g)(5) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

(i)

50 CFR 300.25(g)(5)(i)

If the 2024 catch limit is between 525 and 720 metric tons, a 30-metric ton trip limit will be in
effect until any of the following criteria are met:

If the time of year is . . .

And NMFS anticipates the
cumulative catch is within . . .

Then the trip limit will be . . .

(mt of the annual catch limit)

(mt)

(A) January through June

320
220
150

20
10
3

(B) July through September

300
200
140

20
10
3

(C) October through December

250
100

20
3

(ii) If the 2024 catch limit is between 400 and 524 metric tons, a 20-metric ton trip limit will be in
effect until any of the following criteria are met:

And NMFS
anticipates cumulative catch is within .
..

Then the trip limit will be .
..

(mt of the annual catch limit)

(mt)

(A) January through June

300
200

15
3

(B) July through September

250
150

15
3

(C) October through
December

200
100

15
3

If the time of year is . . .

(iii) If the 2024 catch limit is between 297 and 399 metric tons, a 15-metric ton trip limit will be in
effect until any of the following criteria are met:

If the time of year is . . .

(A) January through June

50 CFR 300.25(g)(5)(iii) (enhanced display)

And NMFS anticipates
cumulative catch is within . . .

Then the trip limit will be . . .

(mt of the annual catch limit)

(mt)

220

3

page 22 of 32

50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

If the time of year is . . .

50 CFR 300.25(g)(5)(iv)

And NMFS anticipates
cumulative catch is within . . .

Then the trip limit will be . . .

(B) July through September

200

3

(C) October through December

100

3

(iv) If the 2024 catch limit is 296 metric tons or less, the trip limit will be 5 metric tons for the entire
calendar year.
(6) In-season actions for trip limits and closure of the fishery. If NMFS determines that action to change
a trip limit needs to be taken under paragraphs (g)(3) through (5) of this section, the revised trip limit
will be effective upon the date provided in a notification of in-season action in accordance with
paragraph (g)(7) of this section. Upon the effective date of an in-season action to change trip limits
under paragraphs (g)(3) through (5), targeting, retaining on board, transshipping, or landing Pacific
bluefin tuna in the Convention Area in violation of the in-season action shall be prohibited, with the
exception that any Pacific bluefin tuna already on board a fishing vessel on the effective date of the
notification of in-season action may be retained on board and landed or transshipped within 24
hours after the effective date of the notice, to the extent authorized by applicable laws and
regulations. After NMFS determines that the annual catch limits under paragraphs (g)(3) through (5)
are expected to be reached, NMFS will close the fishery effective upon the date provided in the
notification in accordance with paragraph (g)(7). Upon the effective date in the notification, targeting,
retaining on board, transshipping, or landing Pacific bluefin tuna in the Convention Area shall be
prohibited through the end of the calendar year, with the exception that any Pacific bluefin tuna
already on board a fishing vessel on the effective date of the notice may be retained on board and
landed or transshipped within 14 days after the effective date published in the fishing closure
notification, to the extent authorized by applicable laws and regulations.
(7) Announcement and effective dates of in-season actions. If in-season actions under paragraphs (g)(2)
through (6) of this section are needed, NMFS will post a notice on the NMFS web page announcing
the in-season action, including effective dates. NMFS will also send emails with notice of the inseason action to affected vessel owners. This action will also be published in the FEDERAL REGISTER
as soon as practicable. The in-season action will be effective upon the earlier of either receipt by
email of such notice or publication in the FEDERAL REGISTER.
(8) Reversal of in-season actions. If an in-season action taken under paragraphs (g)(2) through (6) of
this section is based on overestimate of actual catch, NMFS will reverse that action in the timeliest
possible manner, provided NMFS finds that reversing that action is consistent with the management
objectives for the affected species. The fishery will be subject to the change in trip limit or reopened
effective on the date provided in the notice in accordance with paragraph (g)(7) of this section.
(9) State of California fish landing receipts. If landing Pacific bluefin tuna into the State of California, fish
landing receipts must be submitted within 24 hours to the California Department of Fish and Wildlife
in accordance with the requirements of applicable State regulations.
[64 FR 44431, Aug. 16, 1999]

Editorial Note: For FEDERAL REGISTER citations affecting § 300.25, see the List of CFR Sections Affected, which
50 CFR 300.25(g)(9) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

50 CFR 300.26

appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 300.26 Vessel monitoring system (VMS).
Link to an amendment published at 89 FR 54726, July 2, 2024.
(a) Assistant Director (AD), NOAA Office of Law Enforcement, Pacific Islands Division (or designee) and VMS
Helpdesk contact information and business hours.
(1) The contact information for the AD for the purpose of this section: 1845 Wasp Blvd., Building 176,
Honolulu, HI 96818; telephone: (808) 725-6100; facsimile: 808-725-6199; email: [email protected];
business hours: Monday through Friday, except Federal holidays, 8 a.m. to 4:30 p.m., Hawaii
Standard Time.
(2) The contact information for the NOAA Office of Law Enforcement's VMS Helpdesk is telephone:
(888) 219-9228, ext. 2; email: [email protected]. The business hours of the VMS Helpdesk are
Monday through Friday, except Federal holidays, 7 a.m. to 11 p.m., Eastern Time.
(b) Applicability. This section applies to any U.S. commercial fishing vessel that is 24 meters or more in
overall length and engaging in fishing activities for tuna or tuna-like species in the Convention Area, and
for which either of the following permits is required: Pacific highly migratory species permit under §
660.707, or high seas fishing permit under § 300.13 of this part.
(c) Provisions for Installation, Activation and Operation —
(1) VMS Unit Installation. The vessel owner or operator must obtain and have installed on the fishing
vessel, in accordance with instructions provided by the AD and the VMS unit manufacturer, a VMS
unit that is type-approved by NOAA for fisheries in the IATTC Convention Area. The vessel owner or
operator shall arrange for a NOAA-approved mobile communications service provider to receive and
relay transmissions from the VMS unit to NOAA at a default reporting interval of at least once per
hour. NOAA, the USCG, and other authorized entities are authorized to receive and relay
transmissions from the VMS unit. The NOAA OLE VMS Helpdesk is available to provide instructions
for VMS installation and a list of the current type-approved VMS units and mobile communication
service providers.
(2) VMS Unit Activation. If the VMS unit has not yet been activated as described in this paragraph, or if
the VMS unit has been newly installed or reinstalled, or if the mobile communications service
provider has changed since the previous activation, or if directed by the AD, the vessel owner or
operator must, prior to leaving port:
(i)

Turn on the VMS unit to make it operational;

(ii) Submit a written activation report to the AD, via mail, facsimile or email, that includes the
vessel's name; the vessel's official number; the VMS unit manufacturer and identification
number; and telephone, facsimile or email contact information for the vessel owner or operator;
and
(iii) Receive verbal or written confirmation from the AD that the proper VMS unit transmissions are
being received from the VMS unit.

50 CFR 300.26(c)(2)(iii) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

50 CFR 300.26(c)(3)

(3) VMS Unit Operation. The vessel owner and operator shall continuously operate the VMS unit at all
times, except that the VMS unit may be shut down while the vessel is in port or otherwise not at sea,
or if, after the end of the fishing season, the vessel will no longer be engaging in fishing activities in
the Convention Area for which either a Pacific highly migratory species permit or a high seas fishing
permit is required, provided that the owner or operator:
(i)

Prior to shutting down the VMS unit, reports to the AD or the NOAA Office of Law Enforcement's
VMS Helpdesk via facsimile, email, or web-form the following information: The intent to shut
down the VMS unit; the vessel's name; the vessel's official number; an estimate for when the
vessel's VMS may be turned back on; and telephone, facsimile or email contact information for
the vessel owner or operator. In addition, the vessel owner or operator shall receive verbal or
written confirmation from the AD before shutting down the VMS unit after the end of the fishing
season; and

(ii) When turning the VMS unit back on, report to the AD or the NOAA Office of Law Enforcement's
VMS Helpdesk, via mail, facsimile or email, the following information: That the VMS unit has
been turned on; the vessel's name; the vessel's official number; and telephone, facsimile or
email contact information for the vessel owner or operator; and
(iii) Prior to leaving port, receive verbal or written confirmation from the AD that proper
transmissions are being received from the VMS unit.
(4) Failure of VMS unit. If the VMS unit has become inoperable or transmission of automatic position
reports from the VMS unit has been interrupted, or if notified by NOAA or the USCG that automatic
position reports are not being received from the VMS unit or that an inspection of the VMS unit has
revealed a problem with the performance of the VMS unit, the vessel owner or operator shall comply
with the following requirements:
(i)

If the vessel is at port: The vessel owner or operator shall repair or replace the VMS unit and
ensure it is operable before the vessel leaves port.

(ii) If the vessel is at sea: The vessel owner, operator, or designee must contact the Assistant
Director (AD) of NOAA Office of Law Enforcement (OLE) by telephone, facsimile, or email at the
earliest opportunity during the AD's business hours and identify the caller and vessel. The
vessel operator must follow the instructions provided by the AD which could include, but may
not be limited to, ceasing fishing, stowing fishing gear, and/or returning to port. The vessel
operator must also manually report to OLE every 6 hours by appropriate telecommunication
means reports containing: the vessel's identification, the vessel's geographical position
(latitude and longitude) accurate to within 100 meters, the date and time (UTC) of the fixing of
the vessel's position, and the vessel's speed and course. These reports must continue until the
vessel returns to port or the VMS unit is once again functioning normally. The vessel operator
must repair or replace the VMS unit and ensure it is operable before starting the next trip.
(5) Related VMS Requirements. Installing, carrying and operating a VMS unit in compliance with the
requirements in part 300 of this title, part 660 of this title, or part 665 of this title relating to the
installation, carrying, and operation of VMS units shall be deemed to satisfy the requirements of this
paragraph (c), provided that the VMS unit is operated continuously and at all times while the vessel
is at sea, unless the AD authorizes a VMS unit to be shut down as described in paragraph (c)(3) of
this section, the VMS unit and mobile communications service providers are type-approved by NOAA
for fisheries in IATTC Convention Area, and the specific requirements of paragraph (c)(4) of this
section are followed. If the VMS unit is owned by NOAA, the requirement under paragraph (c)(4) of
50 CFR 300.26(c)(5) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

50 CFR 300.26(d)

this section to repair or replace the VMS unit will be the responsibility of NOAA, but the vessel owner
and operator shall be responsible for ensuring that the VMS unit is operable before leaving port or
starting the next trip.
(d) Costs. The vessel owner and operator shall be responsible for all costs associated with the purchase,
installation and maintenance of the VMS unit and for all charges levied by the mobile communications
service provider as necessary to ensure the transmission of automatic position reports to NOAA as
required in paragraph (c) of this section. However, if NOAA is paying for the VMS-associated costs
because the VMS unit is carried and operated under a requirement of part 300 of this title, part 660 of this
title, or part 665 of this title, the vessel owner and operator shall not be responsible for costs that those
regulations specify are the responsibility of NOAA. In addition, NOAA is responsible for the cost of any
temporary increase in the default reporting interval to support active enforcement investigations of
specific vessels.
(e) Tampering. The vessel owner and operator must ensure that the VMS unit is not tampered with, disabled,
destroyed, damaged or maintained improperly, and that its operation is not impeded or interfered with.
(f) Inspection. The vessel owner and operator must make the VMS unit, including its antenna, connectors and
antenna cable, available for inspection by authorized officers.
(g) Access to data. The vessel owner and operator must make the vessel's position data obtained from the
VMS unit or other means immediately and always available for inspection by NOAA personnel, USCG
personnel, and authorized officers.
[80 FR 60538, Oct. 7, 2015, as amended at 89 FR 54726, July 2, 2024]

§ 300.27 Incidental catch and tuna retention requirements.
(a) Tuna retention requirements for purse seine vessels. Bigeye, skipjack, and yellowfin tuna caught in the
Convention Area by a fishing vessel of the United States of class size 4-6 (more than 182 metric tons
carrying capacity) using purse seine gear must be retained on board and landed, except for fish deemed
unfit for human consumption for reasons other than size. This requirement shall not apply to the last set
of a trip if the available well capacity is insufficient to accommodate the entire catch.
(b) Release requirements for fish species on purse seine vessels. All purse seine vessels must release, as
soon as practicable after being identified on board the vessel during the brailing operation, all billfish, rays
(not including mobulid rays, which are subject to paragraph (i) of this section), dorado (Coryphaena
hippurus), and other fish species. This requirement does not apply to tuna or tuna-like species, or to other
fish retained for consumption aboard the vessel. Sharks caught in the IATTC Convention Area and that are
not retained for consumption aboard the vessel must be released according to the requirements in
paragraph (k) of this section. Tuna caught in the IATTC Convention Area are subject to the retention
requirements in paragraph (a) of this section.
(c) Sea turtle handling and release. All purse seine vessels must apply special sea turtle handling and release
requirements, as follows:
(1) Whenever a sea turtle is sighted in the net, a speedboat shall be stationed close to the point where
the net is lifted out of the water to assist in release of the sea turtle;
(2) If a sea turtle is entangled in the net, net roll shall stop as soon as the sea turtle comes out of the
water and shall not resume until the sea turtle has been disentangled and released;
50 CFR 300.27(c)(2) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

50 CFR 300.27(c)(3)

(3) If, in spite of the measures taken under paragraphs (c)(1) and (c)(2) of this section, a sea turtle is
accidentally brought on board the vessel alive and active, the vessel's engine shall be disengaged
and the sea turtle shall be released as quickly as practicable;
(4) If a sea turtle brought on board under paragraph (c)(3) of this section is alive but comatose or
inactive, the resuscitation procedures described in § 223.206(d)(1)(i)(B) of this title shall be used
before release of the turtle.
(d) Oceanic whitetip shark restrictions. The crew, operator, or owner of a fishing vessel of the United States
used to fish for HMS in the Convention Area shall be prohibited from retaining on board, transshipping,
landing, storing, selling, or offering for sale any part or whole carcass of an oceanic whitetip shark
(Carcharhinus longimanus) and must release unharmed, to the extent practicable, all oceanic whitetip
sharks when brought alongside the vessel.
(e) Silky shark restrictions for purse seine and longline vessels. The crew, operator, and owner of a
commercial purse seine or longline fishing vessel of the United States used to fish for tuna or tuna-like
species is prohibited from retaining on board, transshipping, storing, or landing any part or whole carcass
of a silky shark (Carcharhinus falciformis) that is caught in the IATTC Convention Area, except as provided
in paragraph (f) of this section.
(f) Exception for silky shark caught and frozen on purse seine vessels. In the case of a purse seine vessel
operating in the IATTC Convention Area that catches a silky shark that is not seen during fishing
operations and is delivered into the vessel hold, the silky shark may be stored on board and landed, but
the vessel owner or operator must surrender the whole silky shark to the responsible government
authority present at the point of landing. In U.S. ports the responsible governmental authority is the NOAA
Office of Law Enforcement divisional office nearest to the port, or other authorized personnel. If no
governmental authorities are available, the whole silky shark surrendered must not be sold or bartered but
must be donated for purposes of domestic human consumption consistent with relevant laws and
policies. The vessel owner or operator shall report these incidences to the IATTC Secretariat by recording
them in the IATTC Regional Purse Seine Logbook, or another form identified by NMFS.
(g) Whale shark restrictions for purse seine vessels. Owners, operators, and crew of fishing vessels of the
United States commercially fishing for tuna in the Convention Area may not set or attempt to set a purse
seine on or around a whale shark (Rhincodon typus) if the animal is sighted prior to the commencement
of the set or the attempted set.
(h) Whale shark release. The crew, operator, and owner of a fishing vessel of the United States commercially
fishing for tuna in the Convention Area must release as soon as possible, any whale shark that is
encircled in a purse seine net, and must ensure that all reasonable steps are taken to ensure its safe
release. No whale shark may be towed out of a purse seine net (e.g., using towing ropes).
(i)

Mobulid ray restrictions. The crew, operator, and owner of a U.S. commercial fishing vessel is prohibited
from retaining on board, transshipping, storing, landing, selling, or offering for sale any part or whole
carcass of a mobulid ray that is caught in the IATTC Convention Area, except as provided in the following
sentence. In the case of any mobulid ray caught in the IATTC Convention Area on an observed purse seine
vessel that is not seen during fishing operations and is delivered into the vessel hold, the mobulid ray may
be stored on board and landed, but the vessel owner or operator must show the whole mobulid ray to the
on-board observer at the point of landing for recording purposes, and then dispose of the mobulid ray at
the direction of the responsible government authority. In U.S. ports the responsible governmental

50 CFR 300.27(i) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

50 CFR 300.27(j)

authority is the NOAA Office of Law Enforcement divisional office nearest to the port, or other authorized
personnel. Mobulid rays that are caught and landed in this manner may not be sold or bartered, but may
be donated for purposes of domestic human consumption consistent with relevant laws and policies.
(j)

Mobulid ray handling and release. The crew, operator, and owner of a U.S. commercial fishing vessel must
promptly release unharmed, to the extent practicable, any mobulid ray (whether live or dead) caught in the
IATTC Convention Area as soon as it is seen in the net, on the hook, or on the deck, without compromising
the safety of any persons. If a mobulid ray is live when caught, the crew, operator, and owner of a U.S.
commercial fishing vessel must use the release procedures described in the following two paragraphs.
(1) No mobulid ray may be gaffed, no mobulid ray may be lifted by the gill slits or spiracles or by using
bind wire against or inserted through the body, and no holes may be punched through the bodies of
mobulid ray (e.g., to pass a cable through for lifting the mobulid ray).
(2) Applicable to purse seine operations, large mobulid rays must be brailed out of the net by directly
releasing the mobulid ray from the brailer into the ocean. Large mobulid rays that cannot be released
without compromising the safety of persons or the mobulid ray before being landed on deck, must
be returned to the water as soon as possible, either utilizing a ramp from the deck connecting to an
opening on the side of the boat, or lowered with a sling or net, using a crane if available. The
minimum size for the sling or net must be at least 25 feet in diameter.

(k) Shark handling and release requirements.
(1) For purse seine vessels: the crew, operator, or owner of a U.S. commercial purse seine fishing vessel
must promptly release unharmed, to the extent practicable, any shark (whether live or dead) caught
in the IATTC Convention Area, as soon as it is seen in the net or on the deck, without compromising
the safety of any persons. If a shark is live when caught, the crew, operator, or owner must follow
these release procedures:
(i)

Sharks must be released out of the purse seine net by directly releasing the shark from the
brailer into the ocean. Sharks that cannot be released without compromising the safety of
persons or the sharks before being landed on deck must be returned to the water as soon as
possible, either utilizing a ramp from the deck connecting to an opening on the side of the boat
or through escape hatches. If ramps or escape hatches are not available, the sharks must be
lowered with a sling or cargo net, using a crane or similar equipment, if available.

(ii) No shark may be gaffed or hooked, lifted by the head, tail, gill slits or spiracles, or lifted by using
bind wire against or inserted through the body, and no holes may be punched through the
bodies of sharks (e.g., to pass a cable through for lifting the shark).
(2) For longline vessels: the crew, operator, or owner of a U.S. commercial longline fishing vessel must
promptly release unharmed, to the extent practicable, any shark (whether live or dead) caught in the
IATTC Convention Area that is not retained, as soon as it is seen on the line, without compromising
the safety of any persons. If a shark is live when seen on the line, the crew, operator, or owner must
follow these release procedures:
(i)

Leave the shark in the water.

(ii) Use a line clipper meeting the minimum design standards in paragraph (m) of this section to cut
the branchline so that less than 1 meter (or 3.3 ft) of line remains on the animal. If this is not
possible without compromising the safety of any persons, cut the branchline as close to the
hook as possible.
50 CFR 300.27(k)(2)(ii) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

(l)

50 CFR 300.27(l)

Shark line prohibition for longline vessels. Any U.S. longline vessel used to fish for tuna or swordfish is
prohibited from using any shark line in the IATTC Convention Area.

(m) Possession and use of required mitigation gear.
(1) NMFS has established minimum design standards for line clippers. At least one line clipper meeting
these design standards must be present onboard any longline vessel fishing in the IATTC Convention
Area. The minimum design standards are as follows:
(i)

The line clipper must have a protected cutting blade. The cutting blade must be curved,
recessed, contained in a holder, or otherwise afforded some protection to minimize direct
contact of the cutting surface with animals or users of the cutting blade.

(ii) The cutting blade edge must be capable of cutting 2.0-2.1 mm monofilament line and nylon or
polypropylene multi-strand material commonly known as braided mainline or tarred mainline.
(iii) The line clipper must have an extended reach handle or pole of at least 6 ft (1.82 m) for the
cutting blade.
(iv) The cutting blade must be securely fastened to the extended reach handle or pole to ensure
effective deployment and use.
(2) [Reserved]
(n) Prohibition on shark finning. Vessel owners and operators must comply with regulations governing the
harvest, possession, landing, purchase, and sale of shark fins found at 50 CFR part 600, subpart N.
[81 FR 50403, Aug. 1, 2016, as amended at 81 FR 86970, Dec. 2, 2016; 82 FR 56178, Nov. 28, 2017; 84 FR 70048, Dec. 20, 2019;
85 FR 29669, May 18, 2020; 87 FR 40741, July 8, 2022; 89 FR 54726, July 2, 2024]

§ 300.28 FAD restrictions.
(a) FAD identification requirements for purse seine vessels.
(1) For each FAD deployed or modified on or after January 1, 2017, in the IATTC Convention Area, the
vessel owner or operator must either: obtain a unique code from HMS Branch; or use an existing
unique identifier associated with the FAD (e.g., the manufacturer identification code for the attached
buoy).
(2) U.S. purse seine vessel owners and operators shall ensure the characters of the unique code or
unique identifier be marked indelibly at least five centimeters in height on the upper portion of the
attached radio or satellite buoy in a location that does not cover the solar cells used to power the
equipment. For FADs without attached radio or satellite buoys, the characters shall be on the
uppermost or emergent top portion of the FAD. The vessel owner or operator shall ensure the
marking is visible at all times during daylight. In circumstances where the on-board observer is
unable to view the code, the captain or crew shall assist the observer (e.g., by providing the FAD
identification code to the observer).
(b) Activating FADs for purse seine vessels. When deploying a FAD in the IATTC Convention Area, a vessel
owner, operator, or crew must activate the satellite buoy while the FAD is onboard the purse seine vessel
and before it is deployed in the water.

50 CFR 300.28(b) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

50 CFR 300.28(c)

(c) Restrictions on Active FADs for purse seine vessels. U.S. vessel owners and operators of purse-seine
vessels with the following well volume in cubic meters (m3) must not have more than the following
number of Active FADs per vessel in the IATTC Convention Area at any one time during the following
years.

TABLE 1 TO PARAGRAPH (c)
Well volume (m3)

Active
FAD limit

FOR 2022 CALENDAR YEAR
1,200 or more

400

426-1,199

270

213-425

110

0-212

66
FOR 2023 CALENDAR YEAR

1,200 or more

340

426-1,199

255

213-425

105

0-212

64
FOR 2024 CALENDAR YEAR AND BEYOND

1,200 or more

340

426-1,199

210

213-425

85

0-212

50

(d) Restrictions on satellite buoy deactivations. A vessel owner or operator that deactivates a satellite buoy
attached to a FAD must comply with the reporting requirements for buoy deactivations in § 300.22(c)(3).
A U.S. vessel owner or operator shall only deactivate a satellite buoy attached to a FAD that was activated
in the IATTC Convention Area in the following circumstances:
(1) Complete loss of signal reception;
(2) Beaching;
(3) Appropriation of a FAD by a third party;
(4) Temporarily during a selected closure period;
(5) For being outside of the area between the meridians 150° W and 100° W, and the parallels 8° N and
10° S; the area between the meridian 100° W and the coast of the American continent and the
parallels 5° N and 15° S; or
(6) Transfer of ownership.

50 CFR 300.28(d)(6) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

50 CFR 300.28(e)

(e) Restrictions on satellite buoy reactivations. A vessel owner or operator that reactivates a satellite buoy
must comply with the reporting requirements for satellite buoy reactivations in § 300.22(c)(4). A U.S.
vessel owner or operator shall only remotely reactivate a satellite buoy at sea that was activated in the
IATTC Convention Area in the following circumstances:
(1) To assist in the recovery of a beached FAD;
(2) After a temporary deactivation during the closure period; or
(3) Transfer of ownership while the FAD is at sea.
(f) Restrictions on FAD deployments and removals.
(1) U.S. vessel owners, operators, and crew of purse seine vessels of class size 4-6 (more than 182
metric tons carrying capacity) must not deploy a FAD during a period of 15 days prior to the start of
the selected closure period described in § 300.25(e)(1).
(2) During the 15 days prior to the start of the closure period selected by the vessel per § 300.25(e)(1),
U.S. vessel owners, operators, and crew of purse seine vessels of class size 6 (greater than 363
metric tons carrying capacity) must remove from the water a number of FADs equal to the number of
FADs set upon by the vessel during that same 15 day period.
(g) FAD design requirements to reduce entanglements. All FADs onboard or deployed in the IATTC Convention
Area by U.S. vessel owners, operators, or crew, must comply with the following design requirements:
(1) Raft: If the FAD design includes a raft (e.g., flat raft or rolls of material) and if mesh netting is used as
part of the structure, the mesh netting shall have a mesh size less than 7 centimeters and the mesh
net must be tightly wrapped such that no netting hangs below the FAD when deployed; and,
(2) Subsurface: Any netting used in the subsurface structure of the FAD must be tightly tied into bundles
(“sausages”), or have stretched mesh size less than 7 centimeters in a panel that is weighted on the
lower end with at least enough weight to keep the netting taut in the water column.
[83 FR 15510, Apr. 11, 2018, as amended at 83 FR 62734, Dec. 6, 2018; 87 FR 40741, July 8, 2022]

§ 300.29 Observers.
The following requirements apply to all on-board fisheries observers required under this subpart, which includes
observers on purse seine, longline vessels, and transshipment carrier vessels, and while on a fishing trip in the
IATTC Convention Area.
(a) Contact information. A full list of U.S. longline and IATTC purse seine observer providers and U.S.
Government contacts for situations described in paragraphs (b) through (d) of this section is available at
the following website: https://www.fisheries.noaa.gov/west-coast/partners/emergency-contacts-vesselowners-operators-and-observers-longline-and-purse.
(b) Loss of life. In the event that an observer dies, is missing, or presumed fallen overboard, the owner or
operator of the fishing vessel must immediately notify a U.S. Government contact and the observer
provider.

50 CFR 300.29(b) (enhanced display)

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50 CFR Part 300 Subpart C (up to date as of 10/21/2024)
Eastern Pacific Tuna Fisheries

50 CFR 300.29(c)

(c) Serious illness or injury. The owner or operator of a fishing vessel of the United States shall immediately
report serious illness or injury that threatens the life and/or long-term health or safety of an observer to
the observer provider and a U.S. Government contact. In addition, the owner or operator of the fishing
vessel must:
(1) Immediately cease fishing operations;
(2) Take all reasonable actions to care for the observer and provide any medical treatment available and
possible on board the vessel, and where appropriate seek external medical advice;
(3) Where directed by the observer provider, if not already directed by the appropriate U.S. Government
contact, facilitate the disembarkation and transport of the observer to a medical facility equipped to
provide the required care, as soon as practicable; and
(4) Cooperate fully in any official investigations into the cause of the illness or injury.
(d) Assault, intimidation, threat, or harassment. For reporting violations in the event that an observer on a
fishing vessel of the United States has been assaulted, intimidated, threatened, or harassed, the owner or
operator of the fishing vessel shall immediately notify the observer provider and the NOAA Office of Law
Enforcement West Coast Division Duty Officer line at (206) 526-4851 of the situation and the status and
location of the observer. In addition, the owner or operator of the fishing vessel must:
(1) Immediately take action to preserve the safety of the observer and mitigate and resolve the situation
on board;
(2) If the observer or the observer provider indicate that they wish for the observer to be removed from
the vessel, facilitate the safe disembarkation of the observer in a manner and place, as agreed by the
observer provider and a U.S. Government contact, that facilitates access to any needed medical
treatment; and
(3) Cooperate fully in any official investigations into the incident.
[85 FR 29669, May 18, 2020]

50 CFR 300.29(d)(3) (enhanced display)

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