[Code of Federal Regulations]
[Title 50, Volume 7]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR300.38]

[Page 729-730]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
        CHAPTER III--INTERNATIONAL FISHING AND RELATED ACTIVITIES
 
PART 300_INTERNATIONAL FISHERIES REGULATIONS--Table of Contents
 
                 Subpart D_South Pacific Tuna Fisheries
 
Sec. 300.38  Prohibitions.

    (a) Except as provided for in Sec. 300.39, in addition to the 
prohibitions in Sec. 300.4, it is unlawful for any person subject to 
the jurisdiction of the United States to do any of the following:
    (1) To violate the Act or any provision of any regulation or order 
issued pursuant to 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 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 Sec. 
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 
Sec. 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 Sec. 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 Sec. 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 Sec. 300.45(f).
    (15) To fail to repair or replace a VMS unit as specified in Sec. 
300.45(h).
    (b) Except as provided for in Sec. 300.39, it is unlawful for any 
person subject to the jurisdiction of the United States when in the 
Licensing Area:

[[Page 730]]

    (1) To use a vessel to fish unless validly licensed as required by 
the Administrator.
    (2) To use a vessel for directed fishing for southern bluefin tuna 
or for fishing for any kinds of fish other than tunas, except that fish 
may be caught as an incidental bycatch.
    (3) To use a vessel for fishing by any method, except the purse-
seine method.
    (4) To use any vessel to engage in fishing after the revocation of 
its license, or during the period of suspension of an applicable 
license.
    (5) To operate a vessel in such a way as to disrupt or in any other 
way adversely affect the activities of traditional and locally based 
fishermen and fishing vessels.
    (6) To use a vessel to fish in a manner inconsistent with an order 
issued by the Secretary under Sec. 300.42 (section 11 of the Act).
    (7) Except for circumstances involving force majeure and other 
emergencies involving the health or safety of crew members or the safety 
of the vessel, to use aircraft in association with fishing activities of 
a vessel, unless it is identified on the license application for the 
vessel, or any amendment thereto.

[61 FR 35550, July 5, 1996, as amended at 72 FR 6153, Feb. 9, 2007]