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426 Subpart C—Hawaii Fisheries

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426 Subpart C—Hawaii Fisheries § 665.168 50 CFR Ch. VI (10–1–10 Edition) minus two times the amount harvested Subpart C—Hawaii Fisheries by vessels of the United States in that July 1-December 31 period. § 665.198 Management area. (4) NMFS will publish in the FEDERAL The Hawaii fishery management area REGISTER a notification of the Re- is the EEZ seaward of the State of Ha- gional Administrator’s determination waii, including the Main Hawaiian Is- and a summary of the information on lands (MHI) and Northwestern Hawai- which it is based as soon as practicable ian Islands (NWHI), with the inner after the determination is made. boundary a line coterminous with the (d) The American Samoa exploratory seaward boundaries of the State of Ha- permit area X–P–AS has an annual waii and the outer boundary a line quota of 1,000 kg for all American drawn in such a manner that each Samoa precious coral MUS combined point on it is 200 nautical miles from with the exception of black corals. the baseline from which the territorial sea is measured. § 665.168 Seasons. The fishing year for precious coral § 665.199 Area restrictions [Reserved] begins on July 1 and ends on June 30 § 665.200 Hawaii bottomfish and sea- the following year. mount groundfish fisheries. [Re- served] § 665.169 Gold coral harvest morato- rium. § 665.201 Definitions. Fishing for, taking, or retaining any As used in §§ 665.200 through 665.219: gold coral in any precious coral permit Hawaii bottomfish management unit area is prohibited through June 30, species (Hawaii bottomfish MUS) means 2013. the following species: Local name English common name Scientific name Lehi ............................................................ silver jaw jobfish ...................................... Aphareus rutilans. Uku white papio, ulua au .......................... gray jobfish .............................................. Aprion virescens. kea ............................................................. giant trevally ............................................ Caranx ignobilis. ulua la‘uli ................................................... black jack ................................................. Caranx lugubris. hpu‘upu‘u ................................................... sea bass .................................................. Epinephalus quernus. Ehuonaga, ‘ula‘ula ..................................... red snapper ............................................. Etelis carbunculus. koa‘e .......................................................... longtail snapper ....................................... Etelis coruscans. ta‘ape ......................................................... blue stripe snapper .................................. Lutjanus kasmira. kalekale ..................................................... yellowtail snapper .................................... Pristipomoides auricilla. ‘pakapaka .................................................. pink snapper ............................................ Pristipomoides filamentosus. kalekale ..................................................... pink snapper ............................................ Pristipomoides seiboldii. gindai ......................................................... snapper .................................................... Pristipomoides zonatus. pig ulua, butaguchi .................................... thicklip trevally ......................................... Pseudocaranx dentex. kahala ........................................................ amberjack ................................................ Seriola dumerili. Hawaii restricted bottomfish species to § 665.208, around the following is- fishing year means the year beginning lands of the NWHI and as measured at 0001 HST on September 1 and ending from the following coordinates: at 2400 HST on August 31 of the next calendar year. Name N. lat. W. long. Main Hawaiian Islands non-commercial Nihoa Island ......................................... 23°05′ 161°55′ means the permit re- Necker Island ....................................... 23°35′ 164°40′ bottomfish permit ° ′ ° ′ quired by § 665.203(a)(2) to own or fish French Frigate Shoals ......................... 23 45 166 15 Gardner Pinnacles ............................... 25°00′ 168°00′ from a vessel that is used in any non- Maro Reef ............................................ 25°25′ 170°35′ commercial vessel-based fishing, land- Laysan Island ...................................... 25°45′ 171°45′ ing, or transshipment of any Hawaii Lisianski Island .................................... 26°00′ 173°55′ ° ′ ° ′ bottomfish MUS in the MHI Manage- Pearl and Hermes Reef ....................... 27 50 175 50 Midway Island ...................................... 28°14′ 177°22′ ment Subarea. Kure Island .......................................... 28°25′ 178°20′ Protected species study zone means the waters within 50 nm, as designated by Seamount Groundfish means the fol- the Regional Administrator pursuant lowing species: 426 VerDate Mar<15>2010 09:44 Dec 01, 2010 Jkt 220229 PO 00000 Frm 00436 Fmt 8010 Sfmt 8010 Y:\SGML\220229.XXX 220229 erowe on DSKG8SOYB1PROD with CFR Fishery Conservation and Management § 665.203 Common name Scientific name ceives a Mau Zone limited entry per- mit or until final agency action is Armorhead ........... Pseudopentaceros wheeleri. Alfonsin ................ Beryx splendens. taken on the permit holder’s applica- Raftfish ................. Hyperoglyphe japonica. tion. The Ho’omalu Zone and the Mau Zone limited entry systems described § 665.202 Management subareas. in this section are subject to abolition, modification, or additional effort limi- (a) The Hawaii fishery management tation programs. area is divided into subareas with the (2) The owner of following designations and boundaries: MHI non-commercial. a vessel that is used for and any person (1) Main Hawaiian Islands means the who participates in non-commercial, U.S. EEZ around the Hawaiian Archi- vessel-based fishing, landing, or trans- pelago lying to the east of 161°20′ W. shipment of Hawaii bottomfish MUS in long. (2) Northwestern Hawaiian Islands the MHI management subarea is re- means the EEZ around the Hawaiian quired to obtain an MHI non-commer- Archipelago lying to the west of 161°20′ cial bottomfish permit or a State of W. long. For the purposes of regula- Hawaii Commercial Marine License. If tions issued under this subpart, Mid- one or more persons on a vessel-based way Island is treated as part of the bottomfish fishing trip holds an MHI NWHI Subarea. non-commercial permit, then the en- (i) Ho’omalu Zone means that por- tire trip is considered non-commercial, tion of the EEZ around the NWHI west and not commercial. However, if any of 165° W. long. commercial fishing occurs during or as (ii) Mau Zone means that portion of a result of a vessel-based fishing trip, the EEZ around the NWHI between then the fishing trip is considered com- 161°20′ W. long. and 165° W. long. mercial, and not non-commercial. (3) Hancock Seamount means that Charter boat customers are not subject portion of the EEZ in the Northwestern to the requirements of the section. Hawaiian Islands west of 180°00′ W. (b) Submission. (1) An application for long. and north of 28°00′ N. lat. a permit required under this section (b) The inner boundary of each man- must be submitted to PIRO as de- agement subarea is a line coterminous scribed in § 665.13. with the seaward boundaries of the (2) Ho’omalu Zone limited access per- State of Hawaii. mit. In addition to an application (c) The outer boundary of each man- under § 665.13(c), each applicant for a agement subarea is a line drawn in Ho’omalu Zone permit must also sub- such a manner that each point on it is mit a supplementary information sheet 200 nautical miles from the baseline provided by PIRO, which must be from which the territorial sea is meas- signed by the vessel owner or a des- ured. ignee and include the following infor- mation: § 665.203 Permits. (i) The qualification criterion that (a) Applicability—(1) Northwestern Ha- the applicant believes he or she meets waiian Islands. The owner of any vessel for issuance of a limited access permit; used to fish for, land, or transship Ha- (ii) A copy of landings receipts or waii bottomfish MUS shoreward of the other documentation, with a certifi- outer boundary of the NWHI subarea cation from a state or Federal agency must have a permit issued under this that this information is accurate, to section, and the permit must be reg- demonstrate participation in the NWHI istered for use with that vessel. PIRO bottomfish fishery; and will not register a single vessel for use (iii) If the application is filed by a with a Ho’omalu Zone permit and a partnership or corporation, the names Mau Zone permit at the same time. of each of the individual partners or Mau Zone permits issued before June shareholders and their respective per- 14, 1999, became invalid June 14, 1999, centages of ownership of the partner- except that a permit issued to a person ship or corporation. who submitted a timely application (3) Mau Zone limited access permit. under paragraph (b)(3) of this section is PIRO will not accept applications for a valid until the permit holder either re- new Mau Zone permit after June 14, 427 VerDate Mar<15>2010 09:44 Dec 01, 2010 Jkt 220229 PO 00000 Frm 00437 Fmt 8010 Sfmt 8010 Y:\SGML\220229.XXX 220229 erowe on DSKG8SOYB1PROD with CFR.
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