South Pacific Tuna Treaty Area

To set operational terms and conditions for the U.S. tuna purse seine fleet to fish in the Western and Central Pacific Ocean (WCPO), including waters under the jurisdiction of the Pacific Island Parties to the Treaty.

Species of Concern: Tunas

Restrictions

It is unlawful for any person subject to the jurisdiction of the United States in the Treaty Area:
(1) To violate the Act or any provision of any regulation or order issued pursuant to the Act.
(2) To use a vessel for fishing in violation of an applicable national law.
(3) To violate the terms and conditions of any fishing arrangement to which that person is a party.
(4) To use a vessel for fishing in any Closed Area.
(5) To refuse to permit any authorized officer or authorized party officer to board a fishing vessel for the purpose of conducting a search or inspection in connection with the enforcement of the Act or the Treaty.
(6) To refuse to comply with the instructions of an authorized officer or authorized party officer relating to fishing activities under the Treaty.
(7) To refuse to permit an authorized inspector full access to any place where fish taken in the Licensing Area is unloaded.
(8) To refuse to allow an authorized inspector to remove samples of fish from a vessel that fished in the Licensing Area.
(9) To forcibly assault, resist, oppose, impede, intimidate, or interfere with: (i) Any authorized officer, authorized party officer or authorized inspector in the conduct of a search or inspection in connection with the enforcement of these regulations, the Act or the Treaty; or (ii) An observer in the conduct of observer duties under the Treaty.
(10) To transship fish on board a vessel that fished in the Licensing Area, except in accordance with the requirements of § 300.46.
(11) To fail to have installed, allow to be programmed, carry, or have operational a VMS unit while in the Treaty Area as specified in § 300.45(a).
(12) To fail to activate a VMS unit, to interrupt, interfere with, or impede the operation of a VMS unit, to tamper with, alter, damage, or disable a VMS unit, or to move or remove a VMS unit without prior notification as specified in § 300.45(e).
(13) In the event of a VMS unit failure or breakdown or interruption of automatic position reporting in the Treaty Area, to fail to submit manual position reports as specified in § 300.45(f).
(14) In the event of a VMS unit failure or breakdown or interruption of automatic position reporting in the Treaty Area and if directed by the Administrator or an authorized officer, to fail to stow fishing gear or take the vessel to a designated port as specified in § 300.45(f).
(15) To fail to repair or replace a VMS unit as specified in § 300.45(h).

Allowed

1. The prohibitions do not apply to fishing for albacore tuna by vessels using the trolling method or to fishing by vessels using the longline method in the high seas areas of the Treaty Area.
2. The prohibitions in (4) and (5) do not apply to fishing under the terms and conditions of a fishing arrangement.