60050 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

DEPARTMENT OF COMMERCE in the required name and organization The five Western Pacific FMPs, fields). Attachments to electronic previously developed by the Council, National Oceanic and Atmospheric comments will be accepted in Microsoft and approved and implemented by Administration Word or Excel, WordPerfect, or Adobe NMFS, provide the source and structure PDF file formats only. of the regulations at title 50 of the Code 15 CFR Part 902 Copies of the five current western of Federal Regulations, part 665 (50 CFR Pacific fishery management plans part 665). The FEPs establish 50 CFR Parts 223, 404, and 665 (FMPs) (Bottomfish and Seamount management regimes that consider the [Docket No. 071220872–91160–02] Groundfish FMP, Coral Reef Ecosystems unique ecosystems of each island group FMP, Crustaceans FMP, Pelagics FMP, or area in the western Pacific. RIN 0648–AU71 and Precious Corals FMP), the five new Accordingly, this proposed rule would FEPs (American Samoa, Hawaii, restructure existing regulations for Western Pacific Fisheries; Regulatory Mariana Archipelago, Pacific Remote efficient use by fishermen, government Restructuring Island Areas, and Western Pacific agencies, and the general public. No AGENCY: National Marine Fisheries Pelagics), and the Programmatic substantive changes would be made to Service (NMFS), National Oceanic and Environmental Impact Statement (PEIS) the regulations, but several definitions Atmospheric Administration (NOAA), that was prepared for the FEPs and would be added to reference the FEPs, Commerce. regulatory restructuring are available some sections would be redesignated and revised to reflect each geographic ACTION: Proposed rule; regulatory from the Western Pacific Fishery restructuring; request for comments. Management Council (Council), 1164 area, several errors would be corrected, Bishop St., Suite 1400, Honolulu, HI and administrative titles and telephone SUMMARY: This proposed rule would 96813, tel 808–522–8220, fax 808–522– numbers would be updated. restructure existing western Pacific 8226, or http://www.wpcouncil.org. In 1996, NMFS consolidated six parts fishery regulations. It would not make Written comments regarding the of the Code of Federal Regulations (CFR) substantive changes to existing burden-hour estimates or other aspects into one new CFR part (50 CFR part 660) regulations. The regulations would be of the collection-of-information (61 FR 34570, July 2, 1996). Among organized according to geographical requirements contained in this proposed other actions, that rule consolided areas, rather than target species as they rule may be submitted to William L. regulations that implemented fishery are now, in order to be consistent with Robinson, NMFS PIR, and by e-mail to conservation and management measures five new area-specific fishery ecosystem [email protected], or fax to for fisheries operating in the exclusive plans (FEP). This proposed rule would 202–395–7285. economic zone (EEZ) off the west coast also amend references to the Paperwork FOR FURTHER INFORMATION CONTACT: and in the western Pacific. The 1996 Reduction Act (PRA) information Brett Wiedoff, NMFS PIR, 808–944– action also reorganized the rules into a collection requirements to reflect the 2272. more logical and cohesive order, restructuring. The purpose of this rule is removed duplicative and outdated SUPPLEMENTARY INFORMATION: This provisions, and made editorial changes to make the regulations easier for the Federal Register document is also public to use by organizing existing for readability, clarity and uniformity in accessible at http://www.gpoaccess.gov/ the regulatory language. That final rule fishing regulations by geographic fr. location. carried out a directive from President To date, fisheries in the western Clinton to Federal agencies regarding DATES: Comments on this proposed rule Pacific have been managed through five their responsibilities under his must be received by December 4, 2009. species- or fishery-directed FMPs: For Regulatory Reinvention Initiative. This ADDRESSES: Comments on this proposed bottomfish and seamount groundfish, initiative, part of the National rule, identified by 0648–AU71, may be crustaceans, precious corals, coral reef Performance Review, called for sent to either of the following addresses: ecosystems, and pelagic species. The comprehensive regulatory reforms, and • Electronic Submission: Submit all FEPs cover archipelagos or other broad the President directed all agencies to electronic public comments via the geographic areas, including American review their regulations, with an Federal e-Rulemaking Portal http:// Samoa, the Mariana Islands (Guam and emphasis on eliminating or modifying www.regulations.gov; or the Northern Mariana Islands), Hawaii, those that are obsolete, duplicative, or • Mail: William L. Robinson, the Pacific remote island areas (PRIA) otherwise in need of reform. Regional Administrator, NMFS, Pacific (Palmyra Atoll, Kingman Reef, Jarvis Ten years later, NMFS again Islands Region (PIR), 1601 Kapiolani Island, Baker Island, Howland Island, restructured the regulations (71 FR Blvd., Suite 1110, Honolulu, HI 96814– Johnston Atoll, and Wake Island), and 17985, April 10, 2006). The measures in 4700. one FEP would manage western Pacific 50 CFR part 660 that had pertained to Instructions: Comments will be pelagic fisheries. The FEPs incorporate fisheries in the western Pacific were posted for public viewing after the and reorganize elements of the five redesignated as a new part 665. The comment period has closed. All existing FMPs, and do not change the 2006 regulatory restructuring was comments received are a part of the current management regime. The FEPs consistent with NMFS’ earlier public record and will generally be enable the Council and NMFS to focus establishment of the new Pacific Islands posted to http://www.regulations.gov on a comprehensive ecosystem Region, which created the Pacific without change. All personal identifying approach to fisheries management, Islands Regional Office (PIRO) and information (e.g., name, address, etc.) consistent with NOAA’s regional Pacific Islands Fisheries Science Center. submitted voluntarily by the commenter ecosystem-based management strategy. The new Region is responsible for may be publicly accessible. Do not The objectives of the FEPs will be administering NMFS conservation, submit confidential business consistent with the Magnuson-Stevens management, and research programs in information, or otherwise sensitive or Fishery Conservation and Management the western Pacific. Additionally, the protected information. NMFS will Act (Magnuson-Stevens Act) through Council at that time was in the process accept anonymous comments (if you the incorporation of ecosystem goals of creating FEPs to replace its fishery- or wish to remain anonymous, enter ‘‘NA’’ and principles in fisheries management. species-based FMPs. The 2006 rule was

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60051

a prelude to the transition to the FEP § 665.22(n). This proposed rule corrects requirements. Thus, paragraphs (aa), structure. the error. (gg), (hh), and (ll) would be removed. In September 2009, the Council This proposed rule also would correct A technical clarification in old 50 finalized the FEPs and submitted them an error related to sea turtle mitigation CFR § 665.72(d) (proposed new to NMFS for Secretarial review and measures. On March 28, 2000, NMFS § 665.211(d)) would revise the exception approval. This proposed rule published a final rule that implemented to the possession of Hawaii Restricted restructures the regulations to be several measures intended to mitigate Bottomfish Species after the total consistent with the FEP organization, injuries to sea turtles by the Hawaii allowable catch limit is reached. and makes the regulations easier for pelagic longline fishery, including This proposed rule would add or fishermen, managers and the general requirements to carry and use line revise several definitions to be public to use. clippers, dip nets, and dehookers (65 FR consistent with the FEPs and This proposed rule would redesignate 16346). In a subsequent final rule restructured regulations, correct errors old subparts A (General) and B (Western published on November 15, 2005, in cross referencing, remove duplicative Pacific Fisheries-General) of 50 CFR 665 relating to sea turtle mitigation text, add geographic information, and as new subpart A (General). Old Subpart measures (70 FR 69282), the regulations correct inadvertent omissions. A C (Western Pacific Pelagic Fisheries) relating to line clippers in § 665.32 were technical clarification at § 665.12 would would be redesignated as new subpart F inadvertently omitted. This proposed remove the definition for ‘‘Bottomfish (Western Pacific Pelagic Fisheries). Old rule would correct the error in new management area’’ and ‘‘Lobster closed subparts D (Western Pacific Crustacean § 665.812. area’’ as these terms are artifacts from Fisheries), E (Bottomfish and Seamount In the definition of western Pacific old regulations and are not currently Groundfish Fisheries), F (Precious Coral pelagic management unit species, the used in part 665. Fisheries), and G (Western Pacific Coral spelling of the scientific names for the This proposed rule would remove a Reef Ecosystem Fisheries) would be pelagic thresher shark and yellowfin duplicate requirement for fishermen to redesignated as B (American Samoa tuna would be corrected, and the complete a short-tailed albatross Fisheries), C (Hawaii Fisheries), D scientific name of the bigeye thresher recovery data form. In old § 665.35(b), (Mariana Archipelago Fisheries), and E shark would be revised to include the paragraph (8) was inadvertently (Pacific Remote Island Area Fisheries). species, which was inadvertently duplicated by paragraph (12). This Each of these new geographic subparts omitted from the definition. The proposed rule would correct the error by would identify the management unit scientific names of a Hawaii black coral removing the redundant paragraph. species (MUS) managed under the FEPs, and the pelagic armorhead would also This proposed rule also would revise as well as area restrictions within the be updated. management area. Each subpart would several cross-references to 50 CFR part This proposed rule would also correct 665 found in 50 CFR part 404 regarding also be organized by fishery. For current regulations to reflect that certain example, only those bottomfish species the Northwestern Hawaiian Islands provisions have been superseded. In old Marine National Monument. that are known to occur in the EEZ 50 CFR 665.22 (proposed new around American Samoa are included in § 668.802), paragraph (gg) prohibits In a previous regulatory restructuring the American Samoa bottomfish MUS in Hawaii shallow-set longline fishing (71 FR 17985, April 10, 2006), the the section for American Samoa north of the Equator with hooks other regulations were redesignated section- bottomfish fisheries. than offset circle hooks sized 18/0 or by-section from old 50 CFR part 660 to Fishery-specific regulations would be larger with a 10 degree offset. This new 50 CFR part 665. In the resulting redesignated and revised to reflect the paragraph is superseded by paragraph regulations, artifact cross-references to correct cross-referenced sections and (jj), which prohibits such fishing from part 660 remain, and these would be FEP naming conventions for the any western Pacific longline vessel. corrected in this proposed rule. Also, in respective fishery sections in each of the Similarly, in old 50 CFR 665.22, § 665.1(c), the cross-reference to 50 CFR four archipelagic ecosystem subparts. paragraph (hh) prohibits Hawaii part 600 subpart N was inadvertently Thus, only those regulations relevant to shallow-set longline fishing north of the changed to incorrectly reference 50 CFR the specific area, or general to all Equator with bait other than mackerel- part 665. This error would also be fisheries geographically located in the type bait. This provision is superseded corrected. area, would be included within the by paragraph (kk), which prohibits such The following table lists the subpart. Regulations for pelagic fisheries fishing from any western Pacific distribution of the subparts and sections in all fishery management areas would longline vessel. In old 50 CFR 665.22, in 50 CFR part 665 proposed in these be included in subpart F. paragraph (dd) prohibits owning or revisions: This proposed rule would redesignate operating any western Pacific longline regulations that define the fishery vessel without having on board a valid Old section New section management process as new section 50 protected species workshop certificate Subpart A—General. Subpart A—General. § 665.18, Framework Measures, in issued by NMFS; paragraph (ll) applies § 665.1 Purpose and § 665.1 Purpose subpart A. This rule would also correct that prohibition only to Hawaii longline scope. and scope. inadvertent errors in 50 CFR part 665 operators, a subset of those covered in § 665.2 Relation to § 665.2 Relation to relating to cross-referenced section paragraph (dd). In old 50 CFR 665.22, other laws. other laws. citations, and it would update several paragraph (aa) prohibits operating a § 665.3 Reporting § 665.14 Reporting administrative names and contact vessel under a longline limited access and recordkeeping. and recordkeeping. information. permit for American Samoa or Hawaii § 665.4 Licensing § 665.3 Licensing and registration. and registration. In a final rule published on December without complying with sea turtle Subpart B—Western Subpart B—American 12, 2008, (73 FR 75615) paragraphs (o) handling requirements. This paragraph Pacific Fisheries— Samoa Fisheries. through (u) in old § 665.22 were is superseded by paragraph (ii), which General. redesignated as paragraphs (m) through requires a vessel registered for use § 665.11 Purpose § 665.1 Purpose (s) in § 665.15. That redesignation under any pelagic fishing permit to and scope. and scope. should also have included old comply with sea turtle handling § 665.12 Definitions § 665.12 Definitions.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60052 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

Old section New section Old section New section Old section New section

§ 665.101 Defini- § 665.27 Exemp- § 665.807 Exemp- § 665.44 Lobster § 665.249 Lobster tions. (American tions for longline tions for longline size and condition size and condition Samoa). fishing prohibited fishing prohibited restrictions—Permit restrictions—Permit § 665.121 Defini- areas; procedures. areas; procedures. Area 2. Area 2. tions. (American § 665.28 Conditions § 665.808 Condi- § 665.45 Closed § 665.250 Closed Samoa). for at-sea observer tions for at-sea ob- seasons. seasons. § 665.141 Defini- coverage. server coverage. § 665.46 Closed § 665.251 Closed tions. (American § 665.29 Port privi- § 665.809 Port privi- areas. areas. Samoa). leges and transiting leges and transiting § 665.47 Gear iden- § 665.246 Gear § 665.161 Defini- for unpermitted for unpermitted tification. identification. tions. (American U.S. longline ves- U.S. longline ves- § 665.48 Gear re- § 665.245 Gear re- Samoa). sels. sels. strictions. strictions. § 665.201 Defini- § 665.30 Prohibition § 665.810 Prohibi- § 665.49 At-sea ob- § 665.145 At-sea tions. (Hawaii). of drift gillnetting. tion of drift server coverage. observer coverage. § 665.221 Defini- gillnetting. (American Samoa). tions. (Hawaii). § 665.31 Framework § 665.18 Framework § 665.247 At-sea § 665.241 Defini- adjustments to adjustments to observer coverage. tions. (Hawaii). management meas- management (Hawaii). § 665.261 Defini- ures. measures. § 665.445 At-sea tions. (Hawaii). observer coverage. § 665.401 Defini- § 665.32 Sea turtle § 665.812 Sea turtle take mitigation take mitigation (Marianas). tions. (Marianas). § 665.645 At-sea § 665.421 Defini- measures. measures. § 665.33 Western § 665.813 Western observer coverage. tions. (Marianas). (PRIA). § 665.441 Defini- Pacific longline fish- Pacific longline ing restrictions. fishing restrictions. § 665.50 Harvest § 665.252 Harvest tions. (Marianas). limitation program. limitation program. § 665.461 Defini- § 665.34 Protected § 665.814 Protected § 665.51 Monk seal § 665.248 Monk tions. (Marianas). species workshop. species workshop. protective meas- seal protective § 665.601 Defini- § 665.35 Pelagic § 665.815 Pelagic ures. measures. tions. (PRIA). longline seabird longline seabird § 665.52 Monk § 665.621 Defini- mitigation meas- mitigation meas- seal emergency tions. (PRIA). ures. ures. protective meas- § 665.641 Defini- § 665.36 American § 665.816 American ures. tions. (PRIA). Samoa longline lim- Samoa longline lim- § 665.53 Framework § 665.18 Framework § 665.661 Defini- ited entry program. ited entry program. tions. (PRIA). procedures. adjustments to § 665.37 American § 665.817 American management § 665.800 Defini- Samoa pelagic fish- Samoa pelagic fish- tions. (Western Pa- measures. ery area manage- ery area manage- § 665.54 Five-year cific Pelagic). ment. ment. § 665.13 Permits § 665.13 Permits review. § 665.38 Exemp- § 665.818 Exemp- Subpart E— Subpart E—Pacific and fees. and fees. tions for American tions for American § 665.14 Reporting § 665.14 Reporting Bottomfish and Remote Island Samoa large vessel Samoa large vessel Seamount Ground- Area Fisheries. and recordkeeping. and recordkeeping. prohibited areas. prohibited areas. § 665.15 Prohibi- § 665.15 Prohibi- fish Fisheries. Subpart D—Western Subpart D—Mariana § 665.61 Permits ..... § 665.203 Permits. tions. tions. Pacific Crustacean Archipelago Fish- § 665.16 Vessel § 665.16 Vessel (Hawaii). Fisheries. eries. identification. identification. § 665.404 Permits. § 665.41 Permits ..... § 665.142 Permits. § 665.17 Experi- § 665.17 Experi- (Marianas). (American Samoa). mental fishing. mental fishing. § 665.603 Permits. § 665.18 Area re- § 665.99 Area re- § 665.242 Permits. (PRIA). strictions. strictions. (Amer- (Hawaii). § 665.62 Prohibi- § 665.103 Prohibi- ican Samoa). § 665.442 Permits. tions. tions. (American § 665.199 Area re- (Marianas). Samoa). strictions. (Hawaii). § 665.642 Permits. § 665.204 Prohibi- § 665.399 Area re- (PRIA). tions. (Hawaii). strictions. (Mari- § 665.42 Prohibi- § 665.143 Prohibi- § 665.405 Prohibi- anas). tions. tions. (American tions. (Marianas). § 665.599 Area Re- Samoa). § 665.604 Prohibi- strictions. (PRIA). § 665.243 Prohibi- tions. (PRIA). § 665.19 Vessel § 665.19 Vessel tions. (Hawaii). § 665.63 Notification § 665.205 Notifica- monitoring system. monitoring system. § 665.443 Prohibi- tion. (Hawaii). Subpart C—Western Subpart C—Hawaii tions. (Marianas). § 665.64 Gear re- § 665.104 Gear re- Pacific Pelagic Fisheries. § 665.643 Prohibi- strictions. strictions. (Amer- Fisheries. tions. (PRIA). ican Samoa). § 665.21 Permits ..... § 665.801 Permits. § 665.43 Notifica- § 665.144 Notifica- § 665.206 Gear Re- § 665.22 Prohibi- § 665.802 Prohibi- tions. tions. (American strictions. (Hawaii). tions. tions. Samoa). § 665.406 Gear re- strictions. (Mari- § 665.23 Notifica- § 665.803 Notifica- § 665.244 Notifica- anas). tions. tions. tions. (Hawaii). § 665.24 Gear iden- § 665.804 Gear § 665.605 Gear re- § 665.444 Notifica- tification. identification. strictions. (PRIA). tions. (Marianas). § 665.26 Longline § 665.806 Longline § 665.65 At-sea ob- § 665.105 At-sea fishing prohibited fishing prohibited § 665.644 Notifica- server coverage. observer coverage. area management. area management. tions. (PRIA). (American Samoa).

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60053

Old section New section Old section New section Old section New section

§ 665.207 At-sea § 665.668 Seasons. § 665.602 Permits § 665.124 Permits observer coverage. (PRIA). and fees. and Fees. (Amer- (Hawaii). § 665.84 Quotas ..... § 665.167 Quotas. ican Samoa). § 665.407 At-sea (American Samoa). § 665.224 Permits observer coverage. § 665.269 Quotas. and Fees. (Hawaii). (Marianas). (Hawaii). § 665.424 Permits § 665.606 At-sea § 665.467 Quotas. and Fees. (Mari- observer coverage. (Marianas). anas). (PRIA). § 665.667 Quotas. § 665.624 Permits § 665.66 Protected § 665.208 Protected (PRIA). and Fees. (PRIA). species conserva- species conserva- § 665.85 Closures ... § 665.166 Closures. § 665.603 Prohibi- § 665.125 Prohibi- tion. tion. (American Samoa). tions. tions. (American § 665.67 Framework § 665.18 Framework § 665.268 Closures. Samoa). for regulatory ad- adjustments to (Hawaii). § 665.225 Prohibi- justments. management § 665.466 Closures. tions. (Hawaii). measures. (Marianas). § 665.68 Fishing § 665.209 Fishing § 665.425 Prohibi- § 665.666 Closures. tions. (Marianas). moratorium on moratorium on (PRIA). Hancock Seamount. Hancock Sea- § 665.625 Prohibi- § 665.86 Size re- § 665.165 Size re- tions. (PRIA). mount. strictions. strictions. (Amer- § 665.604 Notifica- § 665.126 Notifica- § 665.69 Manage- § 665.98 Manage- ican Samoa). tions. tions. (American ment subareas. ment area. (Amer- § 665.265 Size re- Samoa). ican Samoa). strictions. (Hawaii). § 665.198 Manage- § 665.465 Size re- § 665.226 Notifica- ment areas. (Ha- strictions. (Mari- tions. (Hawaii). waii). anas). § 665.426 Notifica- § 665.202 Manage- § 665.665 Size re- tions. (Marianas). ment subareas. strictions. (PRIA). § 665.626 Notifica- (Hawaii). § 665.87 Area re- § 665.266 Area re- tions. (PRIA). § 665.398 Manage- strictions. strictions. (Hawaii). § 665.605 Allowable § 665.127 Allowable ment areas. (Mari- § 665.88 Gear re- § 665.164 Gear re- gear and gear re- gear and gear re- anas). strictions. strictions. (Amer- strictions. strictions. (Amer- § 665.402 Manage- ican Samoa). ican Samoa). ment subareas. § 665.227 Allowable (Marianas). § 665.264 Gear re- strictions. (Hawaii). gear and gear re- § 665.598 Manage- strictions. (Hawaii). ment area. (PRIA). § 665.464 Gear re- § 665.427 Allowable § 665.70 Bottomfish § 665.403 strictions. (Mari- gear and gear re- fishery area man- Bottomfish fishery anas). strictions. (Mari- agement. area management. § 665.664 Gear re- anas). § 665.71 Hawaii re- § 665.210 Hawaii re- strictions. (PRIA). stricted bottomfish stricted bottomfish § 665.89 Framework § 665.18 Framework § 665.627 Allowable species. species. procedures. adjustments to gear and gear re- § 665.72 Total Al- § 665.211 Total Al- management strictions. (PRIA). lowable Catch lowable Catch measures. § 665.606 Gear § 665.128 Gear (TAC) limit. (TAC) limit. § 665.90 Gold coral § 665.169 Gold identification. identification. § 665.73 Non-com- § 665.212 Non-com- harvest moratorium. coral harvest mora- (American Samoa). mercial bag limits. mercial bag limits. torium. (American § 665.228 Gear Subpart F—Precious Subpart F—Western Samoa). identification. (Ha- Corals Fisheries. Pacific Pelagic § 665.270 Gold waii). Fisheries. coral harvest mora- § 665.428 Gear § 665.81 Permits ..... § 665.162 Permits. torium. (Hawaii). identification. (Mari- (American Samoa). § 665.469 Gold anas). § 665.262 Permits. coral harvest mora- § 665.628 Gear (Hawaii). torium. (Marianas). identification. § 665.462 Permits. § 665.669 Gold (PRIA). (Marianas). coral harvest mora- § 665.607 Frame- § 665.18 Framework § 665.662 Permits. torium. (PRIA). work for regulatory for regulatory ad- (PRIA). Subpart G—Western None. adjustments. justments. § 665.82 Prohibi- § 665.163 Prohibi- Pacific Coral Reef § 665.608 Regu- § 665.98 Manage- tions. tions. (American Ecosystem Fish- latory area. ment area. (Amer- Samoa). eries. ican Samoa). § 665.601 Relation § 665.123 Relation § 665.263 Prohibi- § 665.222 Manage- to other laws. to other laws. tions. (Hawaii). ment area. (Ha- (American Samoa). § 665.463 Prohibi- waii). tions. (Marianas). § 665.223 Relation § 665.422 Manage- § 665.663 Prohibi- to other laws. (Ha- ment area. (Mari- tions. (PRIA). waii). anas). § 665.83 Seasons ... § 665.168 Seasons. § 665.423 Relation (American Samoa). to other laws. (Mar- § 665.598 Manage- § 665.267 Seasons. ianas). ment area. (PRIA). (Hawaii). § 665.623 Relation § 665.609 Annual § 665.18 Framework § 665.468 Seasons. to other laws. reports. for regulatory ad- (Marianas). (PRIA). justments.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60054 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

Old section New section Old section New section Old section New section

Table 1 to Part 665— § 665.167 Quotas. None ...... § 665.100 American None ...... § 665.600 PRIA Quotas for Precious (American Samoa). Samoa Bottomfish Bottomfish and Corals Permit and Seamount Seamount Ground- Areas. Groundfish Fish- fish Fisheries. § 665.269 Quotas. eries. § 665.620 PRIA (Hawaii). § 665.120 American Coral Reef Eco- § 665.467 Quotas. Samoa Coral Reef system Fisheries. (Marianas). Ecosystem Fish- § 665.640 PRIA § 665.667 Quotas. eries. Crustacean Fish- (PRIA). § 665.140 American eries. Table 2 to Part 665— § 665.121 Defini- Samoa Crustacean § 665.660 PRIA Pre- Currently Harvested tions. (American Fisheries. cious Coral Fish- Coral Reef Taxa. Samoa). § 665.160 American eries. Samoa Precious § 665.221 Defini- None ...... § 665.798 Manage- Coral Fisheries. tions. (Hawaii). ment Area (West- None ...... § 665.200 Hawaii ern Pacific Pe- § 665.421 Defini- Bottomfish and lagic). tions. (Marianas). Seamount Ground- § 665.621 Defini- fish Fisheries. tions. (PRIA). Revisions to Paperwork Reduction Act § 665.220 Hawaii (PRA) References Table 3 to Part 665— § 665.121 Defini- Coral Reef Eco- Potentially Har- tions. (American system Fisheries. Section 3507 of the PRA requires that vested Coral Reef Samoa). § 665.240 Hawaii agencies inventory and display a current Taxa. Crustacean Fish- control number assigned by the § 665.221 Defini- eries. Director, OMB, for each agency tions. (Hawaii). § 665.260 Hawaii § 665.421 Defini- Precious Coral information collection, and 15 CFR tions. (Marianas). Fisheries. § 902.1(b) identifies the location of § 665.621 Defini- None ...... § 665.400 Mariana NOAA regulations for which OMB tions. (PRIA). Bottomfish and approvals have been issued. Because Figure 1 to Part Figure 1 to Part Seamount Ground- this proposed rule would codify 665—Carapace 665—Carapace fish Fisheries. recordkeeping and reporting Length of Lobsters. Length of Lobsters. § 665.420 Mariana requirements, 15 CFR § 902.1(b) would Figure 2 to Part Figure 2 to Part Coral Reef Eco- be revised to correctly reference the new 665—Length of 665—Length of system Fisheries. sections resulting from the § 665.440 Mariana Fishing Vessel. Fishing Vessel. reorganization. None ...... Figure 3 to Part Crustacean Fish- eries. The following table lists the 665—Sample Fab- derivation of the NOAA PRA approvals ricated Arceneaux § 665.460 Mariana Line Clipper. Precious Coral for regulatory requirements in 50 CFR Fisheries. part 665:

Old section New section OMB control No.

§ 665.13 Permits and fees ...... § 665.13 Permits and fees ...... 0648–0463, –0490, –0577, –0584, –0586, and –0589. § 665.14 Reporting and recordkeeping ...... § 665.14 Reporting and recordkeeping ...... 0648–0214, –0462, –0577, –0584, –0586, and –0589. § 665.16 Vessel identification ...... § 665.16 Vessel identification ...... 0648–0361, –0584, –0586, and –0589. § 665.17 Experimental fishing ...... § 665.17 Experimental fishing ...... 0648–0214 and –0490. § 665.19 Vessel monitoring system ...... § 665.19 Vessel monitoring system ...... 0648–0441, –0519, and –0584. § 665.21(l) Permits; Hawaii longline limited ac- § 665.801 Permits ...... 0648–0490. cess permit. § 665.21(g) Permits; squid jig ...... § 665.801(g) ...... 0648–0589. § 665.23 Notifications ...... § 665.803 Notifications ...... 0648–0214. § 665.24 Gear identification ...... § 665.804 Gear identification ...... 0648–0360. § 665.27 Exemptions for longline fishing pro- § 665.807 Exemptions for longline fishing 0648–0490. hibited areas; procedures. prohibited areas; procedures. § 665.28 Conditions for at-sea observer cov- § 665.808 Conditions for at-sea observer 0648–0214. erage. coverage. § 665.35 Pelagic longline seabird mitigation § 665.815 Pelagic longline seabird mitigation 0648–0456. measures. measures. § 665.41 Permits ...... § 665.142 Permits ...... 0648–0490 and –0586. § 665.242 Permits. § 665.442 Permits. § 665.642 Permits. § 665.43 Notifications ...... § 665.144 Notifications ...... 0648–0214. § 665.244 Notifications. § 665.444 Notifications. § 665.644 Notifications. § 665.47 Gear indentification ...... § 665.246 Gear indentification ...... 0648–0360. § 665.49 At-sea observer coverage ...... § 665.145 At-sea observer coverage ...... 0648–0214. § 665.247 At-sea observer coverage. § 665.445 At-sea observer coverage.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60055

Old section New section OMB control No.

§ 665.645 At-sea observer coverage. § 665.61 Permits ...... § 665.203 Permits ...... 0648–0490 and –0584. § 665.404 Permits. § 665.603 Permits. § 665.63 Notification ...... § 665.205 Notification ...... 0648–0214. § 665.65 At-sea observer coverage ...... § 665.105 At-sea observer coverage ...... 0648–0214. § 665.207 At-sea observer coverage. § 665.407 At-sea observer coverage. § 665.606 At-sea observer coverage. § 665.81 Permits ...... § 665.162 Permits ...... 0648–0490 § 665.262 Permits. § 665.462 Permits. § 665.662 Permits. § 665.602 Permits and Fees ...... § 665.124 Permits and Fees ...... 0648–0463. § 665.224 Permits and Fees. § 665.424 Permits and Fees. § 665.624 Permits and Fees. § 665.604 Notifications ...... § 665.126 Notifications ...... 0648–0462. § 665.226 Notifications. § 665.426 Notifications. § 665.606 Gear identification ...... § 665.128 Gear identification ...... 0648–0360. § 665.228 Gear identification. § 665.428 Gear identification. § 665.628 Gear identification.

To be considered, comments on this corals, coral reef ecosystem species, and being considered, and the legal basis for this proposed rule must be received by crustaceans; Essential Fish Habitat and action are contained in the preamble to this NMFS by December 4, 2009, not Habitat Areas of Particular Concern; proposed rule. This rule does not duplicate, postmarked or otherwise transmitted by protected species; fishery participants overlap, or conflict with other Federal rules. All fishing vessels having the potential to that date. Late comments may not be and communities; and administration participate in western Pacific fisheries are considered. In addition to soliciting and enforcement. All of the current considered to be small entities under the public comments on this proposed rule, fisheries in the Western Pacific Region current Small Business Administration NMFS is soliciting comments on the that are covered by the management definition of small fish-harvesting businesses five new FEPs through December 1, measures of the FEPs have been (gross receipts not in excess of $ 4.0 million). 2009, as stated in the Notice of reviewed for compliance with There are no additional small entities that Availability published on October 2, applicable laws. None of the actions could be affected by this rulemaking. 2009 (74 FR 50944). If they are received considered would result in irreversible This rule does not affect the profitability of by December 1, 2009, public comments fishing firms under Federal management. or irretrievable commitments of Therefore, there are no disproportionate on this proposed rule will also be resources and none would result in economic impacts from this rule based on considered in the approval/disapproval significant or unavoidable adverse home port, gear type, or relative vessel size. decision for the FEPs. Comments impacts. For these reasons, NMFS has determined that received after that date may not be This proposed rule has been this proposed rule will not have a significant considered in the approval/disapproval determined to be not significant for impact on a substantial number of small decision for the FEPs, but will be purposes of Executive Order 12866. entities. considered for this proposed rule. The Chief Council for Regulation of Any forthcoming additions or alterations to Under NOAA Administrative Order the Department of Commerce certified the reorganized regulations after the 205–11, dated December 17, 1990, the to the Chief Council for Advocacy of the implementation of this rule would require a Under Secretary for Oceans and complete regulatory flexibility act analysis Small Business Administration that this and analysis of significance under E.O. Atmosphere has delegated authority to proposed rule, if adopted, would not 12866. sign material for publication in the have a significant economic impact on Federal Register to the Assistant a substantial number of small entities. As a result, an initial regulatory Administrator for Fisheries, NOAA. The analysis follows: flexibility analysis is not required and none has been prepared. Classification The Western Pacific Fishery Management This proposed rule contains Council prepared five fishery ecosystem collection-of-information requirements Pursuant to section 304(b)(1)(A) of the plans (FEPs) to incorporate and reorganize Magnuson-Stevens Act, the NMFS elements of the five existing species-based subject to the PRA that have been Assistant Administrator has determined fishery management plans. The FEPs would approved by OMB, as follows: that this proposed rule is consistent cover archipelagos or other broad geographic 1. Approved under 0648–0214, 0648– with the new FEPs, other provisions of areas, including American Samoa, the 0577, 0648–0584, 0648–0586, and 0649– the Magnuson-Stevens Act, and other Mariana Islands (comprising Guam and the 0589. (a) Pacific Islands Region (PIR) applicable law, subject to further Northern Mariana Islands), Hawaii, the logbook family of forms estimated at 5 consideration after public comment. Pacific remote island areas, and one FEP minutes (min) per reporting action; (b) A PEIS was prepared for the FEPs, would manage western Pacific pelagic pre-trip and post-landing notifications fisheries. This rule restructures codified estimated at 5 min per reporting action; and a Notice of Availability of the draft language that would change the fisheries PEIS was published on April 13, 2007 from species-based to area-based, but would (c) experimental fishing reports (72 FR 18644). The PEIS discusses not change the current management regimes estimated at 4 hours (hr) per reporting impacts on target and non-target fish or affect regulations that are presently in action; (d) sales and transshipment stocks, including bottomfish, precious place. A description of the action, why it is reports estimated at 5 min per reporting

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60056 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

action; (e) report on gear left at sea William L. Robinson (see ADDRESSES), § 902.1 OMB control numbers assigned estimated at 5 min per reporting action; and by e-mail to pursuant to the Paperwork Reduction Act. (f) claims for reimbursement for lost [email protected], or fax to * * * * * fishing time estimated at 4 hr per claim; 202–395–7285. (b) Display. (g) request for pelagics area closure Notwithstanding any other provision exemption estimated at 1 hr per request; of law, no person is required to respond CFR part or sec- tion where the Current OMB control and (h) observer placement meetings to, nor shall a person be subject to a information col- number estimated at 1 hr per reporting action. penalty for failure to comply with, a lection require- (all numbers begin with (§§ 665.14, 665.17, 665.105, 665.144, collection of information subject to the ment is located 0648–) 665.145, 665.205, 665.207, 665.244, requirements of the PRA unless that 665.247, 665.407, 665.444, 665.445, collection displays a currently valid 665.606, 665.644, 665.645, 665.803, and OMB control number. ***** 665.808.) 50 CFR 2. Approved under 0648–0360, 0648– List of Subjects ***** 0361, 0648–0584, 0648–0586 and 0648– 15 CFR Part 902 665.13 ...... 0463, 0490, 0577, 0584, 0589. PIR gear and vessel and Reporting and recordkeeping 0586, and 0589. identification estimated at 45 min to 1 requirements. 665.14 ...... 0214, 0462, 0577, 0584, hr 15 min per vessel for vessel 0586, and 0589. identification and 2 min for each gear 50 CFR Part 223 665.16 ...... 0361, 0584, 0586, and marking. (§§ 665.16, 665.128, 665.228, 0589. Exports, Imports, Marine mammals, 665.17 ...... 0214 and 0490. 665.246, 665.428, 665.628, and Transportation. 665.804.) 665.19 ...... 0441, 0519, and 0584. 3. Approved under 0648–0441, 0648– 50 CFR Part 404 665.105 ...... 0214. 665.124 ...... 0463. 0519, and 0648–0584. PIR vessel Northwestern Hawaiian Islands 665.126 ...... 0462. monitoring system (a) installation, Marine National Monument. 665.128 ...... 0360. estimated at 4 hr per reporting action; 665.142 ...... 0490 and 0586. (b) repair and maintenance, estimated at 50 CFR Part 665 665.144 ...... 0214. 2 hr per reporting action; and (c) hourly Administrative practice and 665.145 ...... 0214. automated position reports, estimated at procedure, American Samoa, Fisheries, 665.162 ...... 0490. 24 sec per day. (§ 665.19.) Fishing, Guam, Hawaii, Hawaiian 665.203 ...... 0490 and 0577. 4. Approved under 0648–0456. PIR 665.205 ...... 0214. natives, Northern Mariana Islands, 665.207 ...... 0214. seabird interaction reporting (a) at-sea Pacific remote island areas, Reporting notification, estimated at 1 hr per 665.224 ...... 0463. and recordkeeping requirements. 665.226 ...... 0462. reporting action; (b) reporting on Dated: October 29, 2009. 665.228 ...... 0360. recovery data form, estimated at 1 hr per 665.242 ...... 0490 and 0586. Samuel D. Rauch, III, reporting action; and (c) specimen 665.244 ...... 0214. tagging, estimated at 0.5 hr per reporting Deputy Assistant Administrator for 665.246 ...... 0360. action. (§ 665.815.) Regulatory Programs, National Marine 665.247 ...... 0214. 5. Approved under 0648–0462. PIR Fisheries Service. 665.262 ...... 0490. coral reef logbook reporting (a) at-sea For the reasons set out in the 665.404 ...... 0490 and 0584. notification, estimated at 3 min per preamble, 15 CFR chapter IX, 50 CFR 665.407 ...... 0214. reporting action; (b) logbook reporting, chapter II, 50 CFR chapter IV, and 50 665.424 ...... 0463. 665.426 ...... 0462. estimated at 0.5 hr per reporting action; CFR chapter VI are proposed to be amended as follows: 665.428 ...... 0360. and (c) transshipment reports, estimated 665.442 ...... 0490 and 0586. at 15 min per reporting action. 15 CFR Chapter IX 665.444 ...... 0214. (§§ 665.14, 665.126, 665.226, and 665.445 ...... 0214. 665.426.) PART 902—NOAA INFORMATION 665.462 ...... 0490. 6. Approved under 0648–0463. PIR COLLECTION REQUIREMENTS UNDER 665.603 ...... 0490. coral reef special permit (a) application, THE PAPERWORK REDUCTION ACT: 665.606 ...... 0214. estimated at 2 hr per application; and OMB CONTROL NUMBERS 665.624 ...... 0463. (b) special permit appeals, estimated at 665.628 ...... 0360. 1. The authority citation for Part 902 3 hr per appeal. (§§ 665.124, 665.224, 665.642 ...... 0490 and 0586. continues to read as follows: 665.644 ...... 0214. 665.424, and 665.624.) Authority: 44 U.S.C. 3501 et seq. 665.445 ...... 0214. 7. Approved under 0648–0490, 0648– 665.662 ...... 0490. 0577, 0648–0584, 0648–0586, and 0649– 2. Amend the table in § 902.1(b) by: 665.801 ...... 0490 and 0589. 0589: (a) PIR permit family of forms a. Removing the entries and 665.803 ...... 0214. estimated at 0.5 hr per permit action; (b) corresponding OMB numbers under 50 665.804 ...... 0360. experimental fishing permits, estimated CFR for §§ 665.21(k), 665.23, 665.24, 665.807 ...... 0490. at 2 hr per application; and (c) appeals 665.27, 665.28, 665.35, 665.41, 665.43, 665.808 ...... 0214. from permit actions estimated at 2 hr and 665.48, 665.61, 665.63, 665.65, 665.815 ...... 0456. per permit appeal. (§§ 665.13, 665.17, 665.81, 665.602, 665.604, and 665.606. ***** 665.142, 665.162, 665.203, 665.242, b. Amending the table in § 902.1(b) by 665.262, 665.404, 665.442, 665.462, revising the entries for §§ 665.13, 50 CFR Chapter II 665.603, 665.642, 665.662, 665.801, and 665.14, 665.16, 665.17, and 665.19, and 665.807.) c. Adding new entries and PART 223—THREATENED MARINE Send comments regarding these corresponding OMB numbers under 50 AND ANADROMOUS SPECIES burden estimates, or any other aspect of CFR for §§ 665.105 through 665.815. this data collection, including The revisions and additions read as 4. The authority citation for 50 CFR suggestions for reducing the burden, to follows: part 223 continues to read as follows:

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60057

Authority: 16 U.S.C. 1531–1543 et seq. PART 665—FISHERIES IN THE 665.210 Hawaii restricted bottomfish WESTERN PACIFIC species. 5. In § 223.206, revise paragraph (d)(9) 665.211 Total Allowable Catch (TAC) limit. to read as follows: Subpart A—General 665.212 Non-commercial bag limits. 665.213–665.219 [Reserved] § 223.206 Exceptions to prohibitions Sec. 665.220 Hawaii coral reef ecosystem relating to sea turtles. 665.1 Purpose and scope. fisheries [Reserved]. * * * * * 665.2 Relation to other laws. 665.3 Licensing and registration. 665.221 Definitions. (d) * * * 665.4–665.11 [Reserved] 665.222 Management area. (9) Restrictions applicable to Pacific 665.12 Definitions. 665.223 Relation to other laws. pelagic longline vessels. In addition to 665.13 Permits and fees. 665.224 Permits and fees. the general prohibitions specified in 665.14 Reporting and recordkeeping. 665.225 Prohibitions. § 600.725 of Chapter VI, it is unlawful 665.15 Prohibitions. 665.226 Notifications. 665.16 Vessel identification. 665.227 Allowable gear and gear for any person who is not operating restrictions. under a western Pacific longline permit 665.17 Experimental fishing. 665.18 Framework adjustments to 665.228 Gear identification. under § 665.801 to do any of the management measures. 665.229–665.239 [Reserved] following on the high seas of the Pacific 665.19 Vessel monitoring system. 665.240 Hawaii crustacean fisheries Ocean east of 150° W. long. and north [Reserved]. of the Equator (0° N. lat.): Subpart B—American Samoa Fisheries 665.241 Definitions. * * * * * 665.98 Management area. 665.242 Permits. 665.99 Area restrictions. 665.243 Prohibitions. 50 CFR Chapter IV 665.100 American Samoa bottomfish 665.244 Notifications. fisheries [Reserved]. 665.245 Gear restrictions. PART 404—NORTHWESTERN 665.101 Definitions. 665.246 Gear identification. HAWAIIAN ISLANDS MARINE 665.102 [Reserved] 665.247 At-sea observer coverage. NATIONAL MONUMENT 665.103 Prohibitions. 665.248 Monk seal protective measures. 665.104 Gear restrictions. 665.249 Lobster size and condition 6. The authority citation for 50 CFR 665.105 At-sea observer coverage. restrictions in Permit Area 2. Part 404 continues to read as follows: 665.106–665.119 [Reserved] 665.250 Closed seasons. 665.120 American Samoa coral reef 665.251 Closed areas. Authority: 16 U.S.C. 431 et seq.; 16 U.S.C. ecosystem fisheries [Reserved]. 665.252 Harvest limitation program. 460k–3; 16 U.S.C. 1801 et seq.; 16 U.S.C. 665.121 Definitions. 665.253–665.259 [Reserved] 742f; 16 U.S.C. 742l; 16 U.S.C. 668 dd–ee; 16 665.122 [Reserved] 665.260 Hawaii precious coral fisheries U.S.C. 1361 et seq.; 16 U.S.C. 1531 et seq.; 665.123 Relation to other laws. [Reserved]. Pub. L. 106–513, § 6(g) (2000). 665.124 Permits and fees. 665.261 Definitions. 7. In § 404.3, revise the definitions of 665.125 Prohibitions. 665.262 Permits. 665.126 Notifications. 665.263 Prohibitions. ‘‘Bottomfish species’’ and ‘‘Pelagic 665.127 Allowable gear and gear species’’ to read as follows: 665.264 Gear restrictions. restrictions. 665.265 Size restrictions. 665.128 Gear identification. § 404.3 Definitions. 665.266 Area restrictions. 665.129–665.139 [Reserved] 665.267 Seasons. * * * * * 665.140 American Samoa crustacean 665.268 Closures. Bottomfish species means Hawaii fisheries [Reserved]. 665.269 Quotas. 665.141 Definitions. bottomfish management unit species as 665.270 Gold coral harvest moratorium. defined at 50 CFR 665.201. 665.142 Permits. 665.143 Prohibitions. Subpart D—Mariana Archipelago Fisheries * * * * * 665.144 Notifications. Pelagic species means western Pacific 665.398 Management areas. 665.145 At-sea observer coverage. 665.399 Area restrictions. 665.146–665.159 [Reserved] pelagic management unit species as 665.400 Mariana bottomfish fisheries 665.160 American Samoa precious coral defined at 50 CFR 665.800. [Reserved]. fisheries [Reserved]. 665.401 Definitions. * * * * * 665.161 Definitions. 665.402 Management subareas. 8. In § 404.10, revise paragraph 665.162 Permits. (b)(1)(ii) to read as follows: 665.163 Prohibitions. 665.403 Bottomfish fishery area 665.164 Gear restrictions. management. § 404.10 Commercial fishing. 665.165 Size restrictions. 665.404 Permits. * * * * * 665.166 Closures. 665.405 Prohibitions. (b) * * * 665.167 Quotas. 665.406 Gear restrictions. 665.407 At-sea observer coverage. (1) * * * 665.168 Seasons. 665.169 Gold coral harvest moratorium. 665.418–665.419 [Reserved] (ii) Such permit was in effect on June 665.420 Mariana coral reef ecosystem 15, 2006, and is subsequently renewed Subpart C—Hawaii Fisheries fisheries [Reserved]. pursuant to NOAA regulations at 50 665.198 Management areas. 665.421 Definitions. CFR part 665, as necessary. 665.199 Area restrictions [Reserved]. 665.422 Management area. * * * * * 665.200 Hawaii bottomfish and seamount 665.423 Relation to other laws. groundfish fisheries [Reserved]. 665.424 Permits and fees. 50 CFR Chapter VI 665.201 Definitions. 665.425 Prohibitions. 665.202 Management subareas. 665.426 Notifications. PART 665—FISHERIES IN THE 665.203 Permits. 665.427 Allowable gear and gear WESTERN PACIFIC 665.204 Prohibitions. restrictions. 665.205 Notification. 665.428 Gear identification. 9. The authority citation for 50 CFR 665.206 Gear restrictions. 665.429–665.439 [Reserved] part 665 continues to read as follows: 665.207 At-sea observer coverage. 665.440 Mariana crustacean fisheries Authority: 16 U.S.C. 1801 et seq. 665.208 Protected species conservation. [Reserved]. 665.209 Fishing moratorium on Hancock 665.441 Definitions. 10. Revise part 665 to read as follows: Seamount. 665.442 Permits.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60058 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

665.443 Prohibitions. 665.809 Port privileges and transiting for continue in effect with respect to fishing 665.444 Notifications. unpermitted U.S. longline vessels. activities regulated under this part. 665.445 At-sea observer coverage. 665.810 Prohibition of drift gillnetting. 665.446–665.459 [Reserved] 665.811 [Reserved] § 665.3 Licensing and registration. 665.460 Mariana precious coral fisheries 665.812 Sea turtle take mitigation measures. Any person who is required to do so [Reserved]. 665.813 Western Pacific longline fishing by applicable State law or regulation 665.461 Definitions. restrictions. 665.462 Permits. 665.814 Protected species workshop. must comply with licensing and 665.463 Prohibitions. 665.815 Pelagic longline seabird mitigation registration requirements in the exact 665.464 Gear restrictions. measures. manner required by applicable State law 665.465 Size restrictions. 665.816 American Samoa longline limited or regulation. 665.466 Closures. entry program. 665.467 Quotas. 665.817 American Samoa pelagic fishery §§ 665.4—665.11 [Reserved] 665.468 Seasons. area management. § 665.12 Definitions. 665.469 Gold coral harvest moratorium. 665.818 Exemptions for American Samoa large vessel prohibited areas. In addition to the definitions in the Subpart E—Pacific Remote Island Area FIGURE 1 TO PART 665. CARAPACE Magnuson-Stevens Act, § 600.10 of this Fisheries LENGTH OF LOBSTERS chapter, and subparts B through F of 665.598 Management area. FIGURE 2 TO PART 665. LENGTH OF this part, general definitions for western 665.599 Area Restrictions. FISHING VESSELS Pacific fisheries have the following 665.600 PRIA bottomfish fisheries FIGURE 3 TO PART 665. SAMPLE meanings: [Reserved]. FABRICATED ARCENEAUX LINE American Samoa FEP means the 665.601 Definitions. CLIPPER 665.602 [Reserved] Fishery Ecosystem Plan for American Authority: 16 U.S.C. 1801 et seq. 665.603 Permits. Samoa. Bottomfish FMP means the Fishery 665.604 Prohibitions. Subpart A—General 665.605 Gear restrictions. Management Plan for Bottomfish and 665.606 At-sea observer coverage. § 665.1 Purpose and scope. Seamount Groundfish of the Western 665.607–665.619 [Reserved] Pacific Region established in 1986 and 665.620 PRIA coral reef ecosystem fisheries (a) The regulations in this part govern fishing for western Pacific fishery replaced by FEPs. [Reserved]. Carapace length means a 665.621 Definitions. ecosystem management unit species by 665.622 [Reserved] vessels of the United States that operate measurement in a straight line from the 665.623 Relation to other laws. or are based inside the outer boundary ridge between the two largest spines 665.624 Permits and fees. of the U.S. EEZ around American above the eyes, back to the rear edge of 665.625 Prohibitions. Samoa, Hawaii, Guam, the Northern the carapace of a spiny lobster (see 665.626 Notifications. Mariana Islands, Palmyra Atoll, Figure 1 to this part). 665.627 Allowable gear and gear Kingman Reef, Jarvis Island, Baker Circle hook means a fishing hook with restrictions. the point turned perpendicularly back 665.628 Gear identification. Island, Howland Island, Johnston Atoll, and Wake Island. towards the shank. 665.629–665.639 [Reserved] Commercial fishing means fishing in 665.640 PRIA crustacean fisheries. (b) General regulations governing 665.641 Definitions. fishing by all vessels of the United which the fish harvested, either in 665.642 Permits. States and by fishing vessels other than whole or in part, are intended to enter 665.643 Prohibitions. vessels of the United States are commerce or enter commerce through 665.644 Notifications. contained in 50 CFR part 600. sale, barter, or trade. All lobster fishing 665.645 At-sea observer coverage. (c) Regulations governing the harvest, in Crustacean Permit Area 1 is 665.646–665.659 [Reserved] possession, landing, purchase, and sale considered commercial fishing. 665.660 PRIA precious coral fisheries Commonwealth of the Northern [Reserved]. of shark fins are found in 50 CFR part 600, subpart N. Mariana Islands (CNMI) means the 665.661 Definitions. Northern Mariana Islands. 665.662 Permits. (d) This subpart contains regulations 665.663 Prohibitions. that are common to all western Pacific Coral Reef Ecosystems FMP means the 665.664 Gear restrictions. fisheries managed under Fishery Fishery Management Plan for Coral Reef 665.665 Size restrictions. Ecosystem Plans (FEPs) prepared by the Ecosystems of the Western Pacific 665.666 Closures. Western Pacific Fishery Management Region established in 2004 and replaced 665.667 Quotas. Council under the Magnuson-Stevens by FEPs. 665.668 Seasons. Act. Council means the Western Pacific 665.669 Gold coral harvest moratorium. (e) Regulations specific to individual Fishery Management Council. Subpart F—Western Pacific Pelagic areas and fisheries are included in Crustacean receiving vessel means a Fisheries subparts B through F of this part. vessel of the United States to which 665.798 Management area. (f) Nothing in subparts B through F of lobsters taken in a crustacean 665.799 Area restrictions. this part is intended to supersede any management area are transferred from 665.800 Definitions. valid State or Federal regulations that another vessel. 665.801 Permits. are more restrictive than those Crustaceans FMP means the Fishery 665.802 Prohibitions. published here. Management Plan for Crustacean 665.803 Notifications. Fisheries of the Western Pacific Region 665.804 Gear identification. § 665.2 Relation to other laws. established in 1982 and replaced by 665.805 [Reserved] NMFS recognizes that any State law FEPs. 665.806 Longline fishing prohibited area management. pertaining to vessels registered under Currently harvested coral reef taxa 665.807 Exemptions for longline fishing the laws of that State while operating in (CHCRT) means coral reef associated prohibited areas; procedures. the fisheries regulated under this part, species, families, or subfamilies, as 665.808 Conditions for at-sea observer that is consistent with this part and the defined in §§ 665.121, 665.221, 665.421, coverage. FEPs implemented by this part, shall and 665.621, that have annual landings

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60059

greater than 454.54 kg (1,000 lb) as Hookah breather means a tethered Non-selective gear means any gear reported on individual State, underwater breathing device that pumps used for harvesting coral that cannot commonwealth, or territory catch air from the surface through one or more discriminate or differentiate between reports or through creel surveys. hoses to divers at depth. types, size, quality, or characteristics of Fisheries and research data from many Incidental catch or incidental species living or dead coral. of these species have been analyzed by means species caught while fishing for Northwestern Hawaiian Islands regional management agencies. the primary purpose of catching a (NWHI) means the islands of the Dead coral means any precious coral different species. Hawaiian Archipelago lying to the west that no longer has any live coral polyps Land or landing means offloading fish of 161° W. long. or tissue. from a fishing vessel, arriving in port to No-take MPA means an area of the EFP means an experimental fishing begin offloading fish, or causing fish to U.S. EEZ that is closed to fishing for or permit. be offloaded from a fishing vessel. harvesting of any management unit First level buyer means: Large vessel means, as used in this species, as defined in subparts B (1) The first person who purchases, part, any vessel equal to or greater than through F of this part. with the intention to resell, management 50 ft (15.2 m) in length overall. Offload means to remove management unit species, or portions thereof, that Length overall (LOA) or length of a unit species from a vessel. were harvested by a vessel that holds a vessel as used in this part, means the Offset circle hook means a circle hook permit or is otherwise regulated under horizontal distance, rounded to the in which the barbed end of the hook is crustacean fisheries in subparts B nearest foot (with any 0.5 foot or 0.15 displaced relative to the parallel plane through E of this part; or meter fraction rounded upward), of the eyed end, or shank, of the hook (2) A person who provides between the foremost part of the stem when laid on its side. Owner, as used in the regulations for recordkeeping, purchase, or sales and the aftermost part of the stern, the crustacean fisheries in subparts B assistance in the first transaction excluding bowsprits, rudders, outboard through E of this part and § 665.203(i) involving management unit species motor brackets, and similar fittings or and (j), means a person who is (such as the services provided by a attachments (see Figure 2 to this part). identified as the current owner of the wholesale auction facility). ‘‘Stem’’ is the foremost part of the vessel as described in the Certificate of Fishing gear, as used in regulations vessel, consisting of a section of timber Documentation (Form CG–1270) issued for the American Samoa, CNMI, Hawaii, or fiberglass, or cast forged or rolled by the United States Coast Guard and PRIA bottomfish fisheries in metal, to which the sides of the vessel (USCG) for a documented vessel, or in subparts B through E of this part, are united at the fore end, with the a registration certificate issued by a includes: lower end united to the keel, and with State, a territory, or the USCG for an (1) Bottom trawl, which means a trawl the bowsprit, if one is present, resting undocumented vessel. As used in the in which the otter boards or the footrope on the upper end. ‘‘Stern’’ is the regulations for the precious coral of the net are in contact with the sea aftermost part of the vessel. fisheries in subparts B through E of this bed; Live coral means any precious coral (2) Gillnet, (see § 600.10); part and § 665.203(c) through (h), the that has live coral polyps or tissue. (3) Hook-and-line, which means one definition of ‘‘owner’’ in § 600.10 of this Live rock means any natural, hard or more hooks attached to one or more chapter continues to apply. lines; substrate, including dead coral or rock, Pacific Islands Regional Office (PIRO) (4) Set net, which means a stationary, to which is attached, or which supports, means the headquarters of the Pacific buoyed, and anchored gill net; and any living marine life form associated Islands Region, NMFS, located at 1601 (5) Trawl, (see § 600.10). with coral reefs. Kapiolani Blvd., Suite 1110, Honolulu, Fishing trip means a period of time Low-use marine protected area (MPA) Hawaii 96814; telephone number 808– during which fishing is conducted, means an area of the U.S. EEZ where 944–2200. beginning when the vessel leaves port fishing operations have specific Pacific remote island areas (PRIA, or and ending when the vessel lands fish. restrictions in order to protect the coral U.S. island possessions in the Pacific Fishing year means the year beginning reef ecosystem, as specified under area Ocean) means Palmyra Atoll, Kingman at 0001 local time on January 1 and restrictions in subparts B through F of Reef, Jarvis Island, Baker Island, ending at 2400 local time on December this part. Howland Island, Johnston Atoll, Wake 31, with the exception of fishing for Main Hawaiian Islands (MHI) means Island, and Midway Atoll. Hawaii Restricted Bottomfish Species the islands of the Hawaii Archipelago Pelagics FEP means the Fishery and any precious coral management lying to the east of 161° W. long. Ecosystem Plan for Pacific Pelagic unit species. Mariana Archipelago means Guam Fisheries of the Western Pacific Region. Freeboard means the straight line and the Northern Mariana Islands. Pelagics FMP means the Fishery vertical distance between a vessel’s Mariana FEP means the Fishery Management Plan for Pelagic Fisheries working deck and the sea surface. If the Ecosystem Plan for the Mariana of the Western Pacific Region that was vessel does not have gunwale door or Archipelago. established in 1987 and replaced by the stern door that exposes the working Medium vessel, as used in this part, western Pacific pelagic FEP. deck, freeboard means the straight line means any vessel equal to or more than Potentially harvested coral reef taxa vertical distance between the top of a 40 ft (12.2 m) and less than 50 ft (15.2 (PHCRT) means coral reef associated vessel’s railing and the sea surface. m) LOA. species, families, or subfamilies, as Harvest guideline means a specified Non-commercial fishing means defined in §§ 665.121, 665.221, 665.421, numerical harvest objective. fishing that does not meet the definition and 665.621, for which little or no Hawaiian Archipelago means the of commercial fishing. information is available beyond general Main and Northwestern Hawaiian Non-precious coral means any species taxonomic and distribution Islands, including Midway Atoll. of coral other than those listed under descriptions. These species have either Hawaii FEP means the Fishery the definitions for precious coral in not been caught in the past or have been Ecosystem Plan for the Hawaiian §§ 665.161, 665.261, 665.461, and harvested annually in amounts less than Archipelago. 665.661. 454.54 kg (1,000 lb).

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60060 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

Precious Corals FMP means the American Samoa, Guam, Hawaii, CNMI, 665.162, 665.242, 665.262, 665.442, Fishery Management Plan for Precious Midway, Johnston and Palmyra Atolls, 665.462, 665.642, or 665.662 of this Corals of the Western Pacific Region Kingman Reef, and Wake, Jarvis, Baker, part, for a Ho’omalu limited access established in 1983 and replaced by and Howland Islands. permit issued under § 665.203, or for a fishery ecosystem plans (FEPs). Guam bottomfish permit issued under PRIA FEP means the Fishery § 665.13 Permits and fees. § 665.404. Ecosystem Plan for the Pacific Remote (a) Applicability. The requirements (2) PIRO will charge a non-refundable Island Areas of Palmyra Atoll, Kingman for permits for specific western Pacific processing fee for each application Reef, Jarvis Island, Baker Island, fisheries are set forth in subparts B (including transfers and renewals) for Howland Island, Johnston Atoll, and through F of this part. the permits listed in paragraphs (f)(2)(i) Wake Island. (b) Validity. Each permit is valid for through (viii) of this section. The Protected species means an animal fishing only in the specific fishery amount of the fee is calculated in protected under the MMPA, as management areas identified on the accordance with the procedures of the amended, listed under the ESA, as permit. NOAA Finance Handbook, for amended, or subject to the Migratory (c) Application. determining the administrative costs of (1) A western Pacific Federal fisheries Bird Treaty Act, as amended. each special product or service incurred permit application may be obtained Receiving vessel means a vessel that in processing the permit. The fee may from NMFS PIRO to apply for a permit receives fish or fish products from a not exceed such costs and is specified or permits to operate in any of the fishing vessel, and with regard to a with each application form. The fisheries regulated under subparts B vessel holding a permit under appropriate fee must accompany each through F of this part. The completed § 665.801(e) that also lands western application. Failure to pay the fee will application must be submitted to PIRO. Pacific pelagic management unit species preclude the issuance, transfer or In no case shall PIRO accept an taken by other vessels using longline renewal of any of these permits: application that is not on the western gear. (i) Hawaii longline limited access Pacific Federal fisheries permit Regional Administrator means permit. application form. Regional Administrator, Pacific Islands (ii) Mau Zone limited access permit. Region, NMFS (see Table 1 of § 600.502 (2) A minimum of 15 days after the day PIRO receives a complete (iii) Coral reef ecosystem special of this chapter for address). permit. Selective gear means any gear used for application should be allowed for processing a permit application for (iv) American Samoa longline limited harvesting coral that can discriminate or access permit. differentiate between type, size, quality, fisheries under subparts B through F of this part. If an incomplete or improperly (v) MHI non-commercial bottomfish or characteristics of living or dead coral. permit. Special Agent-In-Charge (SAC) means completed application is filed, the (vi) Western Pacific squid jig permit. the Special-Agent-In-Charge, NMFS, applicant will be sent a letter of notice (vii) Crustacean permit. Pacific Islands Enforcement Division, or of deficiency. If the applicant fails to (viii) CNMI commercial bottomfish a designee of the SAC, located at 1601 correct the deficiency within 30 days permit. Kapiolani Blvd., Suite 950, Honolulu, following the date of the letter of (g) Expiration. Permits issued under HI 96814, telephone number 808–203– notification of deficiency, the subparts B through F of this part are 2500. application will be considered Special permit means a permit issued abandoned. valid for the period specified on the to allow fishing for coral reef ecosystem (d) Change in application information. permit unless revoked, suspended, management unit species in low-use Any change in the permit application transferred, or modified under 15 CFR MPAs or to fish for any PHCRT. information or vessel documentation, part 904. State of Hawaii commercial marine submitted under paragraph (c) of this (h) Replacement. Replacement license means the license required by section, must be reported to PIRO in permits may be issued, without charge, the State of Hawaii for anyone to take writing within 15 days of the change to to replace lost or mutilated permits. An marine life for commercial purposes avoid a delay in processing the permit application for a replacement permit is (also known as the commercial fishing application. A minimum of 10 days not considered a new application. license). from the day the information is received (i) Transfer. An application for a Transship means to offload or by PIRO should be given for PIRO to permit transfer under §§ 665.203(d), otherwise transfer management unit record any change in information from 665.242(e), or 665.801(k), or for species or products thereof to a the permit application submitted under registration of a permit for use with a receiving vessel. paragraph (c) of this section. Failure to replacement vessel under § 665.203(i), Trap means a box-like device used for report such changes may result in a must be submitted to PIRO as described catching and holding lobsters or fish. delay in processing an application, in paragraph (c) of this section. U.S. harvested coral means coral permit holders failing to receive (j) Alteration. Any permit that has caught, taken, or harvested by vessels of important notifications, or sanctions been altered, erased, or mutilated is the United States within any fishery for pursuant to the Magnuson-Stevens Act invalid. which an FMP or FEP has been at 16 U.S.C. 1858(g) or 15 CFR part 904, (k) Display. Any permit issued under implemented under the Magnuson- subpart D. this subpart, or a facsimile of such Stevens Act. (e) Issuance. After receiving a permit, must be on board the vessel at Vessel monitoring system unit (VMS complete application submitted under all times while the vessel is fishing for, unit) means the hardware and software paragraph (c) of this section, the taking, retaining, possessing, or landing owned by NMFS, installed on vessels by Regional Administrator will issue a management unit species shoreward of NMFS, and required to track and permit to an applicant who is eligible the outer boundary of the fishery transmit the positions of certain vessels. under this part, as appropriate. management area. Any permit issued Western Pacific fishery management (f) Fees. under this section must be displayed for area means those waters shoreward of (1) PIRO will not charge a fee for a inspection upon request of an the outer boundary of the EEZ around permit issued under §§ 665.142, authorized officer.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60061

(l) Sanctions. Procedures governing end of each fishing trip, except as (e) Packing or weigh-out slips. The sanctions and denials are found at allowed in paragraph (iii) of this operator of any fishing vessel subject to subpart D of 15 CFR part 904. section. the requirements of §§ 665.142, 665.242, (m) Permit appeals. Procedures for (ii) If fishing was authorized under a 665.442, or 665.642 must attach packing appeals of permitting and permit pursuant to § 665.203(a)(2), the or weighout slips provided to the administrative actions are specified in vessel operator or vessel owner must operator by the first-level buyer(s), the relevant subparts of this part. submit the original logbook form for unless the packing or weighout slips each day of the fishing trip to the have not been provided in time by the § 665.14 Reporting and recordkeeping. Regional Administrator within 72 hours buyer(s). (a) Except for precious coral and of the end of each fishing trip. (f) Modification of reporting and crustacean fisheries, any person who is (iii) If fishing was authorized under a recordkeeping requirements. The required to do so by applicable State PRIA bottomfish permit pursuant to Regional Administrator may, after law or regulation must make and/or file § 665.603(a), PRIA pelagic troll and consultation with the Council, initiate all reports of management unit species handline permit pursuant to rulemaking to modify the information to landings containing all data and in the § 665.801(f), crustacean fishing permit be provided on the fishing record forms, exact manner required by applicable for the PRIA (Permit Area 4) pursuant to transshipment logbook, and sales report State law or regulation. § 665.642(a), or a precious coral fishing forms and timeliness by which the (b) Fishing record forms. permit for Permit Area X–P–PI pursuant information is to be provided, including (1) Applicability. to § 665.662, the original logbook form the submission of packing or weighout (i) The operator of any fishing vessel for each day of fishing within EEZ slips. subject to the requirements of waters around the PRIA must be (g) Availability of records for §§ 665.124, 665.142, 665.162, submitted to the Regional Administrator inspection. 665.203(a)(2), 665.224, 665.242, within 30 days of the end of each (1) Western Pacific pelagic 665.262, 665.404, 665.424, 665.442, fishing trip. management unit species. Upon request, 665.462, 665.603, 665.624, 665.642, (iv) If fishing was authorized under a any fish dealer must immediately 665.662, or 665.801 must maintain on permit pursuant to §§ 665.124, 665.224, provide an authorized officer access to board the vessel an accurate and 665.424, or 665.624, the original inspect and copy all records of complete record of catch, effort, and logbook information for each day of purchases, sales, or other transactions other data on paper report forms fishing must be submitted to the involving western Pacific pelagic provided by the Regional Administrator, Regional Administrator within 30 days management unit species taken or or electronically as specified and of the end of each fishing trip. handled by longline vessels that have approved by the Regional (c) Transshipment logbooks. Any permits issued under this subpart or Administrator, except as allowed in person subject to the requirements of that are otherwise subject to subpart F paragraph (b)(1)(iii) of this section. §§ 665.124(a)(2), 665.224(a)(2), of this part, including, but not limited (ii) All information specified by the 665.424(a)(2), 665.624(a)(2), or to, information concerning: Regional Administrator must be 665.801(e) must maintain on board the (i) The name of the vessel involved in recorded on paper or electronically vessel an accurate and complete NMFS each transaction and the owner and within 24 hours after the completion of transshipment logbook containing operator of the vessel. each fishing day. The logbook report forms provided by the Regional (ii) The weight, number, and size of information, reported on paper or Administrator. All information specified each species of fish involved in each electronically, for each day of the on the forms must be recorded on the transaction. fishing trip must be signed and dated or forms within 24 hours after the day of (iii) Prices paid by the buyer and otherwise authenticated by the vessel transshipment. Each form must be proceeds to the seller in each operator in the manner determined by signed and dated by the receiving vessel transaction. the Regional Administrator, and be operator. The original logbook for each (2) Crustacean management unit submitted or transmitted via an day of transshipment activity must be species. Upon request, any first-level approved method as specified by the submitted to the Regional Administrator buyer must immediately allow an Regional Administrator, and as required within 72 hours of each landing of authorized officer and any employee of by this paragraph (b). western Pacific pelagic management NMFS designated by the Regional (iii) In lieu of the requirements in unit species. The original logbook for Administrator, to access, inspect, and paragraph (a)(1)(i) of this section, the each day of transshipment activity must copy all records relating to the harvest, operator of a fishing vessel registered for be submitted to the Regional sale, or transfer of crustacean use under a Western Pacific squid jig Administrator within 7 days of each management unit species taken by permit pursuant to the requirements of landing of coral reef ecosystem vessels that have permits issued under § 665.801(g) may participate in a State management unit species. this subpart or §§ 665.140 through reporting system. If participating in a (d) Sales report. The operator of any 665.145, 665.240 through 665.252, State reporting system, all required fishing vessel subject to the 665.440 through 665.445, or 665.640 information must be recorded and requirements of §§ 665.142, 665.242, through 665.645 of this part. This submitted in the exact manner required 665.442, or 665.642, or the owner of a requirement may be met by furnishing by applicable State law or regulation. medium or large fishing vessel subject the information on a worksheet (2) Timeliness of submission. to the requirements of § 665.404(a)(2) provided by the Regional Administrator. (i) If fishing was authorized under a must submit to the Regional The information must include, but is permit pursuant to §§ 665.142, 665.242, Administrator, within 72 hours of not limited to: 665.442, 665.404, 665.162, 665.262, offloading of crustacean management (i) The name of the vessel involved in 665.462, 665.662, or 665.801, the vessel unit species, an accurate and complete each transaction and the owner or operator must submit the original sales report on a form provided by the operator of the vessel. logbook information for each day of the Regional Administrator. The form must (ii) The amount, number, and size of fishing trip to the Regional be signed and dated by the fishing each management unit species involved Administrator within 72 hours of the vessel operator. in each transaction.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60062 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

(iii) Prices paid by the buyer and copying, any records that must be made NMFS observer, in violation of proceeds to the seller in each available in accordance with § 665.14. § 665.808(f)(4). transaction. (f) Fail to affix or maintain vessel or (t) Connect or leave connected (3) Bottomfish and seamount gear markings, as required by §§ 665.16, additional equipment to a VMS unit groundfish management unit species. 665.128, 665.228, 665.246, 665.428, without the prior approval of the SAC, Any person who is required by State 665.628, or 665.804. in violation of § 665.19(f). laws and regulations to maintain (g) Violate a term or condition of an records of landings and sales for vessels EFP issued under § 665.17. § 665.16 Vessel identification. regulated by this subpart and by (h) Fail to report any take of or (a) Each fishing vessel subject to this §§ 665.100 through 665.105, 665.200 interaction with protected species as subpart, except those identified in through 665.212, 665.400 through required by § 665.17(k). paragraph (e) of this section, must 665.407, and 665.600 through 665.606 (i) Fish without an observer on board display its official number on the port of this part must make those records the vessel after the owner or agent of the and starboard sides of the deckhouse or immediately available for Federal owner has been directed by NMFS to hull, and on an appropriate weather inspection and copying upon request by make accommodations available for an deck, so as to be visible from an authorized officer. observer under §§ 665.17, 665.105, enforcement vessels and aircraft. (4) Coral reef ecosystem MUS. Any 665.145, 665.207, 665.247, 665.407, (b) The official number must be person who has a special permit and 665.445, 665.606, 665.645, or 665.808. affixed to each vessel subject to this part who is required by State laws and (j) Refuse to make accommodations in block Arabic numerals at least 18 regulations to maintain and submit available for an observer when so inches (45.7 cm) in height for fishing records of catch and effort, landings and directed by the Regional Administrator and receiving vessels of 65 ft (19.8 m) sales for coral reef ecosystem MUS by under §§ 665.105, 665.145, 665.207, LOA or longer, and at least 10 inches this subpart and §§ 665.120 through 665.247, 665.407, 665.445, 665.606, (25.4 cm) in height for all other vessels, 665.128, 665.220 through 665.228, 665.645, or 665.808, or under any except that vessels in precious coral 665.420 through 665.428, or 665.620 provision in an EFP issued under fisheries and 65 ft (19.8 m) LOA or through 665.628 of this part must make § 665.17. longer must be marked in block Arabic those records immediately available for (k) Fail to notify officials as required numerals at least 14 inches (35.6 cm) in Federal inspection and copying upon in §§ 665.126, 665.144, 665.205, height. Marking must be legible and of request by an authorized officer as 665.226, 665.244, 665.426, 665.444, a color that contrasts with the defined in § 600.10 of this chapter. 665.626, 665.644, 665.803, or 665.808. background. (l) Fish for, take or retain within a no- (h) State reporting. Any person who (c) The vessel operator must ensure take MPA, defined in §§ 665.99, has a permit under §§ 665.124, 665.203, that the official number is clearly legible 665.199, 665.399, or 665.599, any 665.224, 665.404, 665.424, 665.603, or and in good repair. bottomfish management unit species, 665.624 and who is regulated by State (d) The vessel operator must ensure crustacean management unit species, laws and regulations to maintain and that no part of the vessel, its rigging, or western Pacific pelagic management submit records of catch and effort, its fishing gear obstructs the view of the unit species, precious coral, seamount landings and sales for vessels regulated official number from an enforcement groundfish or coral reef ecosystem MUS. by subparts B through F of this part vessel or aircraft. must maintain and submit those records (m) Fail to comply with a term or condition governing the vessel (e) The following fishing vessels are in the exact manner required by State exempt from the vessel identification laws and regulations. monitoring system in violation of § 665.19. requirements in this section: § 665.15 Prohibitions. (n) Fish for, catch, or harvest (1) A vessel registered for use under In addition to the prohibitions in management unit species without an a MHI non-commercial bottomfish § 600.725 of this chapter, it is unlawful operational VMS unit on board the permit that is in compliance with State for any person to: vessel after installation of the VMS unit of Hawaii bottomfish vessel registration (a) Engage in fishing without a valid by NMFS, in violation of § 665.19(e)(2). and marking requirements. permit or facsimile of a valid permit on (o) Possess management unit species, (2) A vessel less than 40 ft (12.2 m) board the vessel and available for that were harvested after NMFS has LOA registered for use under a CNMI inspection by an authorized officer, installed the VMS unit on the vessel, on commercial bottomfish permit that is in when a permit is required under board that vessel without an operational compliance with CNMI bottomfish § 665.13 or 665.17, unless the vessel was VMS unit, in violation of § 665.19(e)(2). vessel registration and marking at sea when the permit was issued (p) Interfere with, tamper with, alter, requirements. damage, disable, or impede the under § 665.13, in which case the § 665.17 Experimental fishing. permit must be on board the vessel operation of a VMS unit or attempt any before its next trip. of the same; or move or remove a VMS (a) General. The Regional (b) File false information on any unit without the prior permission of the Administrator may authorize, for application for a fishing permit under SAC in violation of § 665.19(e)(3). limited purposes, the direct or § 665.13 or an EFP under § 665.17. (q) Make a false statement, oral or incidental harvest of management unit (c) Fail to file reports in the exact written, to an authorized officer, species that would otherwise be manner required by any State law or regarding the use, operation, or prohibited by this part. No experimental regulation, as required in § 665.14. maintenance of a VMS unit, in violation fishing may be conducted unless (d) Falsify or fail to make, keep, of § 665.19(e). authorized by an EFP issued by the maintain, or submit any logbook or (r) Interfere with, impede, delay, or Regional Administrator in accordance logbook form or other record or report prevent the installation, maintenance, with the criteria and procedures required under §§ 665.14 and 665.17. repair, inspection, or removal of a VMS specified in this section. EFPs will be (e) Refuse to make available to an unit, in violation of § 665.19(e). issued without charge. authorized officer or a designee of the (s) Interfere with, impede, delay, or (b) Observers. No experimental Regional Administrator for inspection or prevent access to a VMS unit by an fishing for crustacean management unit

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60063

species may be conducted unless an capacity (including existing landed during the term of the EFP, NMFS observer is aboard the vessel. experimental harvesting, if any) of the including trip limits, where appropriate. (c) Application. An applicant for an directed and incidental species for (ii) The number, sizes, names, and EFP must submit to the Regional which an EFP is being requested. identification numbers of the vessels Administrator at least 60 days before the (ii) A citation of the regulation or authorized to conduct fishing activities desired date of the EFP a written regulations that, without the EFP, would under the EFP. application including, but not limited prohibit the proposed activity. (iii) The times and places where to, the following information: (iii) Biological information relevant to experimental fishing may be conducted. (1) The date of the application. the proposal. (iv) The type, size, and amount of gear (2) The applicant’s name, mailing (2) At a Council meeting following which may be used by each vessel address, and telephone number. receipt of a complete application, the operated under the EFP. (v) The condition that observers be (3) A statement of the purposes and Regional Administrator will consult carried aboard vessels operating under goals of the experiment for which an with the Council and the Director of the an EFP. EFP is needed, including a general affected State fishery management description of the arrangements for (vi) Data reporting requirements. agency concerning the permit (vii) Such other conditions as may be disposition of all species harvested application. The applicant will be under the EFP. necessary to assure compliance with the notified in advance of the meeting at purposes of the EFP consistent with the (4) A statement of whether the which the application will be proposed experimental fishing has objectives of the FEP. considered, and invited to appear in (f) Duration. Unless otherwise broader significance than the applicant’s support of the application, if the specified in the EFP or a superseding individual goals. applicant desires. notice or regulation, an EFP is effective (5) For each vessel to be covered by (3) Within 5 working days after the for no longer than one (1) year from the the EFP: consultation in paragraph (e)(2) of this date of issuance, unless revoked, (i) Vessel name. section, or as soon as practicable (ii) Name, address, and telephone suspended, or modified. EFPs may be thereafter, NMFS will notify the renewed following the application number of owner and operator. applicant in writing of the decision to (iii) USCG documentation, State procedures in this section. grant or deny the EFP and, if denied, the (g) Alteration. Any EFP that has been license, or registration number. reasons for the denial. Grounds for (iv) Home port. altered, erased, or mutilated is invalid. denial of an EFP include, but are not (h) Transfer. EFPs issued under (v) Length of vessel. subparts B through F of this part are not (vi) Net tonnage. limited to, the following: (vii) Gross tonnage. (i) The applicant has failed to disclose transferable or assignable. An EFP is (6) A description of the species material information required, or has valid only for the vessel(s) for which it (directed and incidental) to be harvested made false statements as to any material is issued. (i) Inspection. Any EFP issued under under the EFP and the amount of such fact, in connection with his or her subparts B through F of this part must harvest necessary to conduct the application. be carried aboard the vessel(s) for which experiment. (ii) According to the best scientific it was issued. The EFP must be (7) For each vessel covered by the information available, the harvest to be presented for inspection upon request of EFP, the approximate times and places conducted under the permit would detrimentally affect any species of fish any authorized officer. fishing will take place, and the type, (j) Sanctions. Failure of the holder of size, and amount of gear to be used. in a significant way. (iii) Issuance of the EFP would an EFP to comply with the terms and (8) The signature of the applicant. conditions of an EFP, the provisions of (d) Incomplete applications. The inequitably allocate fishing privileges subparts A through F of this part, any Regional Administrator may request among domestic fishermen or would other applicable provision of this part, from an applicant additional have economic allocation as its sole the Magnuson-Stevens Act, or any other information necessary to make the purpose. (iv) Activities to be conducted under regulation promulgated thereunder, is determinations required under this grounds for revocation, suspension, or section. An applicant will be notified of the EFP would be inconsistent with the intent of this section or the management modification of the EFP with respect to an incomplete application within 10 all persons and vessels conducting working days of receipt of the objectives of the FEP. (v) The applicant has failed to activities under the EFP. Any action application. An incomplete application taken to revoke, suspend, or modify an demonstrate a valid justification for the will not be considered until corrected in EFP will be governed by 15 CFR part permit. writing. 904 subpart D. Other sanctions available (vi) The activity proposed under the (e) Issuance. under the statute will be applicable. (1) If an application contains all of the EFP would create a significant (k) Protected species. Persons fishing required information, NMFS will enforcement problem. under an EFP must report any publish a notice of receipt of the (4) The decision to grant or deny an incidental take or fisheries interaction application in the Federal Register with EFP is final and unappealable. If the with protected species on a form a brief description of the proposal and permit is granted, NMFS will publish a provided for that purpose. Reports must will give interested persons an notice in the Federal Register be submitted to the Regional opportunity to comment. The Regional describing the experimental fishing to Administrator within 3 days of arriving Administrator will also forward copies be conducted under the EFP. The in port. of the application to the Council, the Regional Administrator may attach USCG, and the fishery management terms and conditions to the EFP § 665.18 Framework adjustments to agency of the affected State, consistent with the purpose of the management measures. accompanied by the following experiment including, but not limited Framework measures described below information: to: for each specific fishery are valid for all (i) The current utilization of domestic (i) The maximum amount of each management areas, except where annual harvesting and processing species that can be harvested and specifically noted in this section.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60064 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

(a) Pelagic measures. (b) Crustacean measures. (1) Annual reports. By June 30 of each (1) Introduction. Adjustments in (1) Introduction. New management year, a Council-appointed bottomfish management measures may be made measures may be added through monitoring team will prepare an annual through rulemaking if new information rulemaking if new information report on the fishery by area covering demonstrates that there are biological, demonstrates that there are biological, the following topics: social, or economic concerns in the social, or economic concerns in Permit (i) Fishery performance data. fishery. The following framework Areas 1, 2, or 3. The following (ii) Summary of recent research and process authorizes the implementation framework process authorizes the survey results. of measures that may affect the implementation of measures that may (iii) Habitat conditions and recent operation of the fisheries, gear, harvest affect the operation of the fisheries, gear, alterations. guidelines, or changes in catch and/or harvest guidelines, or changes in catch (iv) Enforcement activities and effort. and/or effort. problems. (2) Annual report. By June 30 of each (2) Annual report. By June 30 of each (v) Administrative actions (e.g., data year, the Council-appointed pelagics year, the Council-appointed team will collection and reporting, permits). monitoring team will prepare an annual prepare an annual report on the (vi) State and territorial management report on the fisheries in the fisheries in the management area. The actions. management area. The report shall report shall contain, among other things, (vii) Assessment of need for Council contain, among other things, recommendations for Council action action (including biological, economic, recommendations for Council action and an assessment of the urgency and social, enforcement, administrative, and and an assessment of the urgency and effects of such action(s). State/Federal needs, problems, and effects of such action(s). (3) Procedure for established trends). Indications of potential (3) Procedure for established measures. problems warranting further measures. (i) Established measures are investigation may be signaled by the (i) Established measures are regulations for which the impacts have following indicator criteria: regulations for which the impacts have been evaluated in Council or NMFS (A) Mean size of the catch of any been evaluated in Council or NMFS documents in the context of current species in any area is a pre-reproductive documents in the context of current conditions. size. conditions. (ii) The Council may recommend to (B) Ratio of fishing mortality to (ii) The Council may recommend to the Regional Administrator that natural mortality for any species. the Regional Administrator that established measures be modified, (C) Harvest capacity of the existing established measures be modified, removed, or reinstituted. Such fleet and/or annual landings exceed best removed, or reinstituted. Such recommendation shall include estimate of MSY in any area. recommendation shall include supporting rationale and analysis, and (D) Significant decline (50 percent or supporting rationale and analysis, and shall be made after advance public more) in bottomfish catch per unit of shall be made after advance public notice, public discussion, and effort from baseline levels. notice, public discussion, and consideration of public comment. (E) Substantial decline in ex-vessel consideration of public comment. NMFS may implement the Council’s revenue relative to baseline levels. NMFS may implement the Council’s recommendation by rulemaking if (F) Significant shift in the relative recommendation by rulemaking if approved by the Regional proportions of gear in any one area. approved by the Regional Administrator. (G) Significant change in the frozen/ Administrator. (4) Procedure for new measures. fresh components of the bottomfish (4) Procedure for new measures. (i) New measures are regulations for catch. (i) New measures are regulations for which the impacts have not been (H) Entry/exit of fishermen in any which the impacts have not been evaluated in Council or NMFS area. evaluated in Council or NMFS documents in the context of current (I) Per-trip costs for bottomfish fishing documents in the context of current conditions. exceed per-trip revenues for a conditions. (ii) The Council will publicize, significant percentage of trips. (ii) The Council will publicize, including by a Federal Register (J) Significant decline or increase in including by Federal Register notice, document, and solicit public comment total bottomfish landings in any area. and solicit public comment on, any on, any proposed new management (K) Change in species composition of proposed new management measure. measure. After a Council meeting at the bottomfish catch in any area. After a Council meeting at which the which the measure is discussed, the (L) Research results. measure is discussed, the Council will Council will consider recommendations (M) Habitat degradation or consider recommendations and prepare and prepare a Federal Register environmental problems. a Federal Register notice summarizing document summarizing the Council’s (N) Reported interactions between the Council’s deliberations, rationale, deliberations, rationale, and analysis for bottomfish fishing operations and and analysis for the preferred action, the preferred action, and the time and protected species in the NWHI. and the time and place for any place for any subsequent Council (viii) Recommendations for Council subsequent Council meeting(s) to meeting(s) to consider the new measure. action. consider the new measure. At At subsequent public meeting(s), the (ix) Estimated impacts of subsequent public meeting(s), the Council will consider public comments recommended action. Council will consider public comments and other information received to make (2) Recommendation of management and other information received to make a recommendation to the Regional action. a recommendation to the Regional Administrator about any new measure. (i) The team may present management Administrator about any new measure. NMFS may implement the Council’s recommendations to the Council at any NMFS may implement the Council’s recommendation by rulemaking if time. Recommendations may cover recommendation by rulemaking if approved by the Regional actions suggested for Federal approved by the Regional Administrator. regulations, State/territorial action, Administrator. (c) Bottomfish measures. enforcement or administrative elements,

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60065

and research and data collection. (A) The bottomfish monitoring team recommendation will include Recommendations will include an must consider and report to the Council supporting rationale and analysis and assessment of urgency and the effects of on present participation in the fishery; will be made after advance public not taking action. historical fishing practices in, and notice, public discussion, and (ii) The Council will evaluate the dependence on, the fishery; economics consideration of public comment. team’s reports and recommendations, of the fishery; capability of fishing NMFS may implement the Council’s and the indicators of concern. The vessels used in the fishery to engage in recommendation by rulemaking if Council will assess the need for one or other fisheries; cultural and social approved by the Regional more of the following types of framework relevant to the fishery; and Administrator. management action: catch limits, size any other relevant considerations. (4) Procedure for new measures. limits, closures, effort limitations, (B) Public hearings must be held (i) New measures are regulations for access limitations, or other measures. specifically addressing the limited which the impacts have not been (iii) The Council may recommend access proposals. evaluated in Council or NMFS management action by either the State/ (C) A specific advisory subpanel of documents in the context of current territorial governments or by Federal persons experienced in the fishing conditions. regulation. industry will be created to advise the (ii) The Council will publicize, (3) Federal management action. Council and the Regional Administrator including by a Federal Register (i) If the Council believes that on administrative decisions. document, and solicit public comment management action should be (D) The Council’s recommendation to on, any proposed new management considered, it will make specific the Regional Administrator must be measure. After a Council meeting at recommendations to the Regional approved by a two-thirds majority of the which the measure is discussed, the Administrator after requesting and voting members. Council will consider recommendations considering the views of its Scientific (5) Five-year review. The Council will and prepare a Federal Register and Statistical Committee and conduct a comprehensive review on the document summarizing the Council’s Bottomfish Advisory Panel and effectiveness of the Mau Zone limited deliberations, rationale, and analysis for obtaining public comments at a public access program 5 years following the preferred action and the time and hearing. implementation of the program. The place for any subsequent Council (ii) The Regional Administrator will Council will consider the extent to meeting(s) to consider the new measure. consider the Council’s recommendation which the FEP objectives have been met At a subsequent public meeting, the and accompanying data, and, if he or and verify that the target number of Council will consider public comments she concurs with the Council’s vessels established for the fishery is and other information received before recommendation, will propose appropriate for current fishing activity making a recommendation to the regulations to carry out the action. If the levels, catch rates, and biological Regional Administrator about any new Regional Administrator rejects the condition of the stocks. The Council measure. If approved by the Regional Council’s proposed action, a written may establish a new target number Administrator, NMFS may implement explanation for the denial will be based on the 5-year review. the Council’s recommendation by (d) Precious coral measures. provided to the Council within 2 weeks (1) Introduction. Established rulemaking. of the decision. management measures may be revised (e) Coral reef ecosystem measures. (iii) The Council may appeal a denial and new management measures may be (1) Procedure for established by writing to the Assistant established and/or revised through measures. Administrator, who must respond in rulemaking if new information (i) Established measures are writing within 30 days. demonstrates that there are biological, regulations for which the impacts have (iv) The Regional Administrator and social, or economic concerns in a been evaluated in Council or NMFS the Assistant Administrator will make precious coral permit area. The documents in the context of current their decisions in accord with the following framework process authorizes conditions. Magnuson-Stevens Act, other applicable the implementation of measures that (ii) The Council may recommend to law, and the bottomfish measures of the may affect the operation of the fisheries, the Regional Administrator that FEPs. gear, quotas, season, or levels of catch established measures be modified, (v) To minimize conflicts between the and/or in effort. removed, or reinstituted. Such Federal and State management systems, (2) Annual report. By June 30 of each recommendation shall include the Council will use the procedures in year, the Council-appointed precious supporting rationale and analysis, and paragraph (c)(2) of this section to coral team will prepare an annual report shall be made after advance public respond to State/territorial management on the fisheries in the management area. notice, public discussion and actions. Council consideration of action The report will contain, among other consideration of public comment. would normally begin with a things, recommendations for Council NMFS may implement the Council’s representative of the State or territorial action and an assessment of the urgency recommendation by rulemaking if government bringing a potential or and effects of such action(s). approved by the Regional actual management conflict or need to (3) Procedure for established Administrator. the Council’s attention. measures. (2) Procedure for new measures. (4) Access limitation procedures. (i) Established measures are (i) New measures are regulations for (i) Access limitation may be adopted regulations for which the impacts have which the impacts have not been under this paragraph (c)(4) only for the been evaluated in Council or NMFS evaluated in Council or NMFS NWHI, American Samoa, and Guam. documents in the context of current documents in the context of current (ii) If access limitation is proposed for conditions. conditions. New measures include, but adoption or subsequent modification (ii) The Council may recommend to are not limited to, catch limits, resource through the process described in this the Regional Administrator that size limits, closures, effort limitations, paragraph (c)(4), the following established measures be modified, reporting and recordkeeping requirements must be met: removed, or reinstituted. Such requirements.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60066 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

(ii) The Regional Administrator will ecosystem monitoring team will prepare shall be the responsibility of the owner publicize, including by Federal Register an annual report on coral reef fisheries or operator and not NMFS. notice, and solicit public comment on, of the western Pacific region. The report (e) Permit holder duties. The holder of any proposed new management will contain, among other things: a permit subject to § 665.19(a) and measure. After a Council meeting at (i) Fishery performance data, master of the vessel must: which the measure is discussed, the summaries of new information and (1) Provide opportunity for the SAC to Council will consider recommendations assessments of need for Council action. install and make operational a VMS unit and prepare a document summarizing (ii) Recommendation for Council after notification. the Council’s deliberations, rationale, action. The Council will evaluate the (2) Carry and continuously operate and analysis for the preferred action, annual report and advisory body the VMS unit on board whenever the and the time and place for any recommendations and may recommend vessel is at sea. subsequent Council meeting(s) to management action by either the State/ (3) Not remove, relocate, or make non- consider the new measure. At territorial/commonwealth governments operational the VMS unit without prior subsequent public meeting(s), the or by Federal regulation. approval from the SAC. Council will consider public comments (iii) If the Council believes that (f) Authorization by the SAC. The and other information received to make management action should be SAC has authority over the installation a recommendation to the Regional considered, it will make specific and operation of the VMS unit. The SAC Administrator about any new measure. recommendations to the Regional may authorize the connection or order NMFS may implement the Council’s Administrator after considering the the disconnection of additional recommendation by rulemaking if views of its advisory bodies. equipment, including a computer, to approved by the Regional § 665.19 Vessel monitoring system. any VMS unit when deemed Administrator. (a) Applicability. The holder of any of appropriate by the SAC. (A) The Regional Administrator will the following permits is subject to the consider the Council’s recommendation Subpart B—American Samoa Fisheries vessel monitoring system requirements and supporting rationale and analysis, in this part: § 665.98 Management area. and, if the Regional Administrator (1) Hawaii longline limited access concurs with the Council’s The American Samoa fishery permit issued pursuant to § 665.801(b); management area is the EEZ seaward of recommendation, will propose (2) American Samoa longline limited the Territory of American Samoa with regulations to carry out the action. If the entry permit, for vessel size Class C or the inner boundary coterminous with Regional Administrator rejects the D, issued pursuant to § 665.801(c); the seaward boundaries of the Territory Council’s proposed action, the Regional (3) Vessels permitted to fish in of American Samoa and the outer Administrator will provide a written Crustacean Permit Area 1 VMS Subarea; boundary designated as a line drawn in explanation for the denial within 2 or weeks of the decision. (4) CNMI commercial bottomfish such a manner that each point on it is (B) The Council may appeal a denial permit, if the vessel is a medium or 200 nautical miles from the baseline by writing to the Assistant large bottomfish vessel, issued pursuant from which the territorial sea is Administrator, who must respond in to § 665.404(a)(2). measured, or is coterminous with writing within 30 days. (b) VMS unit. Only a VMS unit owned adjacent international maritime (C) The Regional Administrator and by NMFS and installed by NMFS boundaries. the Assistant Administrator will make complies with the requirement of this § 665.99 Area restrictions. their decisions in accordance with the subpart. Magnuson-Stevens Act, other applicable (c) Notification. After a permit holder Fishing is prohibited in all no-take laws, and the FEPs. subject to § 665.19(a) has been notified MPAs. The following U.S. EEZ waters (D) To minimize conflicts between the by the SAC of a specific date for around American Samoa are no-take Federal and State/territorial/ installation of a VMS unit on the permit MPAs: Landward of the 50 fm (91.5 m) commonwealth management systems, holder’s vessel, the vessel must carry curve around Rose Atoll, as depicted on the Council will use the procedures in and operate the VMS unit after the date National Ocean Survey Chart Number this paragraph (e)(2)(ii) to respond to scheduled for installation. 83484. State/territorial/commonwealth (d) Fees and charges. During the § 665.100 American Samoa bottomfish management actions. The Council’s experimental VMS program, the holder fisheries. [Reserved] consideration of action would normally of a permit subject to § 665.19(a) shall begin with a representative of the State, not be assessed any fee or other charges § 665.101 Definitions. territorial or commonwealth to obtain and use a VMS unit, including As used in §§ 665.100 through government bringing a potential or the communication charges related 665.119: actual management conflict or need to directed to requirements under this American Samoa bottomfish the Council’s attention. section. Communication charges related management unit species (American (3) Annual report. By July 31 of each to any additional equipment attached to Samoa bottomfish MUS) means the year, a Council-appointed coral reef the VMS unit by the owner or operator following fish:

Samoan name English common name Scientific name

palu-gutusiliva ...... red snapper, silvermouth ...... Aphareus rutilans asoama ...... gray snapper, jobfish ...... Aprion virescens sapoanae ...... giant trevally, jack ...... Caranx ignobilis tafauli ...... black trevally, jack ...... Caranx lugubris fausi ...... blacktip grouper ...... Epinephelus fasciatus papa, velo ...... lunartail grouper ...... Variola louti palu malau ...... red snapper ...... Etelis carbunculus palu-loa ...... red snapper ...... Etelis coruscans

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60067

Samoan name English common name Scientific name

filoa-gutumumu ...... ambon emperor ...... Lethrinus amboinensis filoa-paomumu ...... redgill emperor ...... Lethrinus rubrioperculatus savane ...... blueline snapper ...... Lutjanus kasmira palu-i’usama ...... yellowtail snapper ...... Pristipomoides auricilla palu-‘ena’ena ...... pink snapper ...... Pristipomoides filamentosus palu-sina ...... yelloweye snapper ...... Pristipomoides flavipinnis palu ...... pink snapper ...... Pristipomoides seiboldii palu-ula, palu-sega ...... snapper ...... Pristipomoides zonatus malauli ...... amberjack ...... Seriola dumerili

§ 665.102 [Reserved] (c) Poisons and explosives. The American Samoa coral reef ecosystem possession or use of any poisons, § 665.103 Prohibitions. management unit species (American explosives, or intoxicating substances Samoa coral reef ecosystem MUS) In addition to the general prohibitions for the purpose of harvesting bottomfish means all of the Currently Harvested specified in § 600.725 of this chapter is prohibited. Coral Reef Taxa and Potentially and § 665.15, it is unlawful for any Harvested Coral Reef Taxa listed in this person to fish for American Samoa § 665.105 At-sea observer coverage. section and which spend the majority of bottomfish MUS using gear prohibited All fishing vessels subject to under § 665.104. §§ 665.100 through 665.105 must carry their non-pelagic (post-settlement) life an observer when directed to do so by stages within waters less than or equal § 665.104 Gear restrictions. the Regional Administrator. to 50 fathoms in total depth. (a) Bottom trawls and bottom set American Samoa Currently Harvested §§ 665.106–665.119 [Reserved] gillnets. Fishing for American Samoa Coral Reef Taxa: bottomfish MUS with bottom trawls and § 665.120 American Samoa coral reef bottom set gillnets is prohibited. ecosystem fisheries. [Reserved] (b) Possession of gear. The possession of a bottom trawl or bottom set gillnet § 665.121 Definitions. within the American Samoa fishery As used in §§ 665.120 through management area is prohibited. 665.139:

Family name Samoan name English common name Scientific name

Acanthuridae (Surgeonfishes) ...... afinamea ...... orange-spot surgeonfish ...... Acanthurus olivaceus. yellowfin surgeonfish ...... Acanthurus xanthopterus. aanini ...... convict tang ...... Acanthurus triostegus. eye-striped surgeonfish ...... Acanthurus dussumieri. ponepone, gaitolama ...... blue-lined surgeon ...... Acanthurus nigroris. alogo ...... blue-banded surgeonfish ...... Acanthurus lineatus. pone-i’usama ...... blackstreak surgeonfish ...... Acanthurus nigricauda. laulama, ...... whitecheek surgeonfish ...... Acanthurus nigricans. maogo ...... white-spotted surgeonfish ...... Acanthurus guttatus. ringtail surgeonfish ...... Acanthurus blochii. ponepone ...... brown surgeonfish ...... Acanthurus nigrofuscus. elongate surgeonfish ...... Acanthurus mata. mimic surgeonfish ...... Acanthurus pyroferus. pone ...... yellow-eyed surgeonfish ...... Ctenochaetus strigosus. pone, pala’ia, logoulia ...... striped bristletooth ...... Ctenochaetus striatus. two-spot bristletooth ...... Ctenochaetus binotatus. ume-isu ...... bluespine unicornfish ...... Naso unicornus. ili’ilia, umelei ...... orangespine unicornfish ...... Naso lituratus. black tongue unicornfish ...... Naso hexacanthus. ume-masimasi ...... bignose unicornfish ...... Naso vlamingii. whitemargin unicornfish ...... Naso annulatus. ume-ulutao ...... spotted unicornfish ...... Naso brevirostris. barred unicornfish ...... Naso thynnoides. Balistidae (Triggerfishes) ...... sumu, sumu-laulau ...... titan triggerfish ...... Balistoides viridescens. orangestriped triggerfish ...... Balistapus undulatus. sumu-‘apa’apasina, sumu-si’umumu pinktail triggerfish ...... Melichthys vidua. sumu-uli ...... black triggerfish ...... Melichthys niger. sumu-laulau ...... blue triggerfish ...... Pseudobalistes fuscus. sumu-uo’uo, sumu-aloalo ...... picassofish ...... Rhinecanthus aculeatus. sumu-gase’ele’ele ...... bridled triggerfish ...... Sufflamen fraenatum. atule ...... bigeye scad ...... Selar crumenophthalmus. atuleau, namuauli ...... mackerel scad ...... Decapterus macarellus. Carcharhinidae (Sharks) ...... malie-aloalo ...... grey reef shark ...... Carcharhinus amblyrhynchos. aso ...... silvertip shark ...... Carcharhinus albimarginatus. malie ...... Galapagos shark ...... Carcharhinus galapagensis. apeape, malie-alamata ...... blacktip reef shark ...... Carcharhinus melanopterus.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60068 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

Family name Samoan name English common name Scientific name

malu ...... whitetip reef shark ...... Triaenodon obesus. Holocentridae (Soldierfish, malau-ugatele, malau-va’ava’a ...... bigscale soldierfish ...... Myripristis berndti. squirrelfish). malau-tui ...... bronze soldierfish ...... Myripristis adusta. blotcheye soldierfish ...... Myripristis murdjan. brick soldierfish ...... Myripristis amaena. malau-mamo, malau-va’ava’a...... scarlet soldierfish ...... Myripristis pralinia. malau-tuauli ...... violet soldierfish ...... Myripristis violacea. whitetip soldierfish ...... Myripristis vittata. yellowfin soldierfish ...... Myripristis chryseres. malau-pu’u ...... pearly soldierfish ...... Myripristis kuntee. double tooth squirrelfish ...... Myripristis hexagona. blackspot squirrelfish ...... Sargocentron melanospilos. malau-tianiu ...... file-lined squirrelfish ...... Sargocentron microstoma. pink squirrelfish ...... Sargocentron tiereoides. malau-tui, malau-talapu’u, malau- crown squirrelfish ...... Sargocentron diadema. tusitusi, malau-pauli. peppered squirrelfish ...... Sargocentron punctatissimum. blue-lined squirrelfish ...... Sargocentron tiere. tamalu, mu-malau, malau-toa ...... saber or long jaw squirrelfish ...... Sargocentron spiniferum. spotfin squirrelfish ...... Neoniphon spp.. Kuhliidae (Flagtails) ...... safole, inato ...... barred flag-tail ...... Kuhlia mugil. Kyphosidae (Rudderfish) ...... nanue, mata-mutu, mutumutu...... rudderfish ...... Kyphosus cinerascens Kyphosus biggibus. nanue ...... rudderfish ...... Kyphosus vaigienses. Labridae (Wrasses) ...... lalafi, tagafa. malakea ...... napoleon wrasse ...... Cheilinus undulatus. lalafi-matamumu ...... triple-tail wrasse ...... Cheilinus trilobatus. lalafi-matapua’a ...... floral wrasse ...... Cheilinus chlorourus. lalafi-pulepule ...... harlequin tuskfish ...... Cheilinus fasciatus. sugale ...... bandcheek wrasse ...... Oxycheilinus diagrammus. sugale ...... arenatus wrasse ...... Oxycheilinus arenatus. sugale-tatanu ...... whitepatch wrasse ...... Xyrichtys aneitensis. sugale-mo’o ...... cigar wrasse ...... Cheilio inermis. sugale-laugutu, sugale-uli, sugale- blackeye thicklip ...... Hemigymnus melapterus. aloa, sugale-lupe. sugale-gutumafia ...... barred thicklip ...... Hemigymnus fasciatus. lape, sugale-pagota ...... three-spot wrasse ...... Halichoeres trimaculatus. sugale-a’au, sugale-pagota, ifigi ...... checkerboard wrasse ...... Halichoeres hortulanus. sugale-uluvela ...... weedy surge wrasse ...... Halichoeres margaritaceus. uloulo-gatala, patagaloa ...... surge wrasse ...... Thalassoma purpureum. lape-moana ...... red ribbon wrasse ...... Thalassoma quinquevittatum. sugale-samasama ...... sunset wrasse ...... Thalassoma lutescens. sugale-la’o, sugale-taili, sugale- rockmover wrasse ...... Novaculichthys taeniourus. gasufi. Mullidae (Goatfishes) ...... i’asina, vete, afulu ...... yellow goatfish ...... Mulloidichthys spp. Vete ...... yellowfin goatfish ...... Mulloidichthys vanicolensis. afolu, afulu ...... yellowstripe goatfish ...... Mulloidichthys flavolineatus. afoul, afulu ...... banded goatfish ...... Parupeneus spp. tusia, tulausaena, ta’uleia ...... dash-dot goatfish ...... Parupeneus barberinus. matulau-moana ...... doublebar goatfish ...... Parupeneus bifasciatus. moana-ula ...... redspot goatfish ...... Parupeneus heptacanthus. i’asina, vete, afulu, moana ...... yellowsaddle goatfish ...... Parupeneus cyclostomas. matulau-ilamutu ...... side-spot goatfish ...... Parupeneus pleurostigma. i’asina, vete, afulu ...... multi-barred goatfish ...... Parupeneus multifaciatus. Mugilidae (Mullets) ...... anae, aua. fuafua ...... fringelip mullet ...... Crenimugil crenilabis. moi, poi ...... false mullet ...... Neomyxus leuciscus. Muraenidae (Moray eels) ...... pusi ...... yellowmargin moray eel ...... Gymnothorax flavimarginatus. maoa’e ...... giant moray eel ...... Gymnothorax javanicus. pusi-pulepule ...... undulated moray eel ...... Gymnothorax undulatus. Octopodidae (Octopus) ...... fe’e ...... octopus ...... Octopus cyanea. fe’e ...... octopus ...... Octopus ornatus. Polynemidae ...... umiumia, i’ausi ...... threadfin ...... Polydactylus sexfilis. Pricanthidae (Bigeye) ...... matapula ...... glasseye ...... Heteropriacanthus cruentatus. matapula ...... bigeye ...... Priacanthus hamrur. Scaridae (Parrotfishes) ...... fuga ...... stareye parrotfish ...... Calotomus carolinus. fuga, galo-uluto’i, fuga-valea, laea- parrotfish ...... Scarus spp. mamanu. ulapokea, laea-ulapokea ...... Pacific longnose parrotfish ...... Hipposcarus longiceps. Scombridae ...... tagi ...... dogtooth tuna ...... Gymnosarda unicolor. Siganidae (Rabbitfish) ...... loloa, lo ...... forktail rabbitfish ...... Siganus aregenteus.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60069

Family name Samoan name English common name Scientific name

Sphyraenidae (Barracuda) ...... sapatu ...... heller’s barracuda ...... Sphyraena helleri. saosao ...... great barracuda ...... Sphyraena barracuda. Turbinidae (turban shells, green alili ...... green snails ...... Turbo spp. snails).

American Samoa Potentially Harvested Reef Taxa:

Samoan name English common name Scientific name

sugale, sugale-vaolo, sugale-a’a, lalafi, lape-a’au, la’ofia wrasses (Those species not listed as CHCRT) ...... Labridae malie, apoapo, moemoeao ...... sharks (Those species not listed as CHCRT) ...... Carcharhinidae, Sphyrnidae fai ...... rays and skates ...... Dasyatididae, Myliobatidae pe’ape’a ...... batfishes ...... Ephippidae mutumutu, misimisi, ava’ava-moana ...... sweetlips ...... Haemulidae talitaliuli ...... remoras ...... Echeneidae mo’o, mo’otai ...... tilefishes ...... Malacanthidae tiva ...... dottybacks ...... Pseudochromidae aneanea, tafuti ...... prettyfins ...... Plesiopidae tapua ...... coral crouchers ...... Caracanthidae flashlightfishes ...... Anomalopidae gatala, ataata, vaolo, gatala-uli, gatala-sega, gatala- groupers (Those species not listed as CHCRT or Serrandiae aleva, ateate, apoua, susami, gatala-sina, gatala- BMUS). mumu. lupo, lupota, mamalusi, ulua, sapoanae, taupapa, nato, jacks and scads (Those species not listed as CHCRT Carangidae filu, atuleau, malauli-apamoana, malauli-sinasama, or BMUS). malauli-matalapo’a, lai. malau ...... soldierfishes and squirrelfishes (Those species not list- Holocentridae ed as CHCRT). i’asina, vete, afulu, afoul, ulula’oa ...... goatfishes (Those species not listed as CHCRT) ...... Mullidae pone, palagi ...... surgeonfishes (Those species not listed as CHCRT) .... Acanthuridae pelupelu, nefu ...... herrings ...... Clupeidae nefu, file ...... anchovies ...... Engraulidae mano’o, mano’o-popo, mano’o-fugafuga, mano’o- gobies ...... Gobiidae apofusami, mano’o-a’au. mu, mu-taiva, tamala, malai, feloitega, mu-mafalaugutu, snappers (Those species not listed as CHCRT or Lutjanidae savane-ulusama, matala’oa. BMUS). sumu, sumu-papa, sumu-taulau ...... trigger fishes (Those species not listed as CHCRT) ..... Balistidae lo ...... rabbitfishes (Those species not listed as CHCRT) ...... Siganidae nanue, matamutu, mutumutu ...... rudderfishes (Those species not listed as CHCRT) ...... Kyphosidae ulisega, atule-toto ...... fusiliers ...... Caesionidae filoa, mata’ele’ele, ulamalosi...... emperors (Those species not listed as CHCRT or Lethrinidae BMUS). pusi, maoa’e, atapanoa, u’aulu, apeape, fafa, gatamea, eels (Those species not listed as CHCRT) ...... Muraenidae, Chlopsidae, pusi-solasulu. Congridae, Moringuidae, Ophichthidae fo, fo-tusiloloa, fo-si’umu, fo-loloa, fo-tala, fo-manifi, fo- cardinalfishes ...... Apogonidae aialo, fo-tuauli. pe’ape’a, laulaufau ...... moorish idols ...... Zanclidae tifitifi, si’u, i’usamasama, tifitifi-segaula, laulafau-laumea, butterfly fishes ...... Chaetodontidae alosina. tu’u’u, tu’u’u-sama, tu’u’u-lega, tu’u’u-ulavapua, tu’u’u- angelfishes ...... Pomacanthidae matamalu, tu’u’u-alomu, tu’u’u-uluvela, tu’u’u-atugauli, tu’u’u-tusiuli, tu’u’u-manini. tu’u’u, mutu, mamo, tu’u’u-lumane ...... damselfishes ...... Pomacentridae i’atala, la’otele, nofu ...... scorpionfishes ...... Scorpaenidae mano’o, mano’o-mo’o, mano’o-palea, mano’o-la’o...... blennies ...... Blenniidae sapatu ...... barracudas (Those species not listed as CHCRT) ...... Sphyraenidae la’o, ulutu’i, lausiva ...... hawkfishes (Those species not listed as CHCRT) ...... Cirrhitidae la’otale, nofu ...... frogfishes ...... Antennariidae pipefishes and seahorses ...... Syngnathidae ta’oto ...... sandperches ...... Pinguipedidae tagi ...... dog tooth tuna ...... Gymnosarda unicolor taoto-ena, taoto-sama, ‘au’aulauti, taotito ...... trumpetfish ...... Aulostomus chinensis taotao, taoto-ama ...... cornetfish ...... Fistularia commersoni sue, sue-vaolo, sue-va’a, sue-lega, sue-mu, sue-uli, puffer fishes and porcupine fishes ...... Tetradontidae sue-lape, sue-afa, sue-sugale. ali ...... flounders and soles ...... Bothidae, Soleidae moamoa ...... trunkfishes ...... Ostraciidae fugafuga, tuitui, sava’e ...... sea cucumbers and sea urchins ...... Echinoderms amu ...... blue corals ...... Heliopora amu ...... organpipe corals ...... Tubipora

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60070 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

Samoan name English common name Scientific name

ahermatypic corals ...... Azooxanthellates amu ...... mushroom corals ...... Fungiidae amu ...... small and large coral polyps amu ...... fire corals ...... Millepora amu ...... soft corals and gorgonians lumane, matalelei ...... anemones ...... Actinaria soft zoanthid corals ...... Zoanthinaria (Those species not listed as CHCRT) ...... Mollusca sisi-sami ...... sea snails ...... Gastropoda aliao, alili ...... Trochus spp. sea ...... sea slugs ...... Opistobranches black lipped pearl oyster ...... Pinctada margaritifera faisua ...... giant clam ...... Tridacnidae pipi, asi, fatuaua, tio, pae, fole ...... other clams ...... Other Bivalves ula, pa’a, kuku, papata ...... lobsters, shrimps, mantis shrimps, true crabs and her- Crustaceans mit crabs (Those species not listed as Crustacean MUS). sea squirts ...... Tunicates sponges ...... Porifera amu ...... lace corals ...... Stylasteridae amu ...... hydroid corals ...... Solanderidae segmented worms (Those species not listed as Annelids CHCRT). limu ...... seaweed ...... Algae Live rock

All other American Samoa coral reef (iii) American Samoa coral reef display, sanctions, and appeals for ecosystem MUS that are marine plants, ecosystem MUS in the coral reef permits are contained in § 665.13. invertebrates, and fishes that are not ecosystem management area with any (d) Special permit. The Regional listed in the American Samoa CHCRT gear not specifically allowed in this Administrator shall issue a special table or are not American Samoa subpart. permit in accordance with the criteria bottomfish, crustacean, precious coral, (2) Transshipment permit. A receiving and procedures specified in this section. or western Pacific pelagic MUS. vessel must be registered for use with a (1) Application. An applicant for a transshipment permit if that vessel is special or transshipment permit issued § 665.122 [Reserved] used in the American Samoa coral reef under this section must complete and § 665.123 Relation to other laws. ecosystem management area to land or submit to the Regional Administrator, a Special Coral Reef Ecosystem Fishing To ensure consistency between the transship PHCRT, or any American Samoa coral reef ecosystem MUS Permit Application Form issued by management regimes of different NMFS. Information in the application Federal agencies with shared harvested within low-use MPAs. (3) Exceptions. The following persons form must include, but is not limited to, management responsibilities of fishery a statement describing the objectives of resources within the American Samoa are not required to have a permit under this section: the fishing activity for which a special fishery management area, fishing for permit is needed, including a general (i) Any person issued a permit to fish American Samoa coral reef ecosystem description of the expected disposition under any FEP who incidentally catches MUS is not allowed within the of the resources harvested under the American Samoa coral reef ecosystem boundary of a National Wildlife Refuge permit (i.e., stored live, fresh, frozen, MUS while fishing for bottomfish unless specifically authorized by the preserved; sold for food, ornamental, management unit species, crustacean USFWS, regardless of whether that research, or other use; and a description management unit species, western refuge was established by action of the of the planned fishing operation, President or the Secretary of the Pacific pelagic management unit including location of fishing and gear Interior. species, precious coral, or seamount operation, amount and species (directed groundfish. § 665.124 Permits and fees. and incidental) expected to be harvested (ii) Any person fishing for American and estimated habitat and protected (a) Applicability. Unless otherwise Samoa CHCRT outside of an MPA, who species impacts). specified in this subpart, § 665.13 does not retain any incidentally caught (2) Incomplete applications. The applies to coral reef ecosystem permits. American Samoa PHCRT; and Regional Administrator may request (1) Special permit. Any person of the (iii) Any person collecting marine from an applicant additional United States fishing for, taking or organisms for scientific research as information necessary to make the retaining American Samoa coral reef described in § 665.17, or § 600.745 of determinations required under this ecosystem MUS must have a special this chapter. section. An applicant will be notified of permit if they, or a vessel which they (b) Validity. Each permit will be valid an incomplete application within 10 operate, is used to fish for any: for fishing only in the fishery working days of receipt of the (i) American Samoa coral reef management area specified on the application. An incomplete application ecosystem MUS in low-use MPAs as permit. will not be considered until corrected defined in § 665.99; (c) General requirements. General and completed in writing. (ii) American Samoa Potentially requirements governing application (3) Issuance. Harvested Coral Reef Taxa in the coral information, issuance, fees, expiration, (i) If an application contains all of the reef ecosystem management area; or replacement, transfer, alteration, required information, the Regional

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60071

Administrator will forward copies of the or has made false statements as to any may request an informal hearing on the application within 30 days to the material fact, in connection with his or appeal. Council, the U.S. Coast Guard (USCG), her application. (ii) Upon receipt of an appeal the fishery management agency of the (B) According to the best scientific authorized by this section, the Regional affected State, and other interested information available, the directed or Administrator will notify the permit parties who have identified themselves incidental catch in the season or applicant, or permit holder, as to the Council, and the USFWS. location specified under the permit appropriate, and will request such (ii) Within 60 days following receipt would detrimentally affect any coral additional information and in such form of a complete application, the Regional reef resource or coral reef ecosystem in as will allow action upon the appeal. Administrator will consult with the a significant way, including, but not Upon receipt of sufficient information, Council through its Executive Director, limited to issues related to, spawning the Regional Administrator will rule on USFWS, and the Director of the affected grounds or seasons, protected species the appeal in accordance with the State fishery management agency interactions, EFH, and habitat areas of permit eligibility criteria set forth in this concerning the permit application and particular concern (HAPC). section and the FEP, as appropriate, will receive their recommendations for (C) Issuance of the special permit based upon information relative to the approval or disapproval of the would inequitably allocate fishing application on file at NMFS and the application based on: privileges among domestic fishermen or Council and any additional information, (A) Information provided by the would have economic allocation as its the summary record kept of any hearing applicant; sole purpose. and the hearing officer’s recommended (B) The current domestic annual (D) The method or amount of harvest decision, if any, and such other harvesting and processing capacity of in the season and/or location stated on considerations as deemed appropriate. the directed and incidental species for the permit is considered inappropriate The Regional Administrator will notify which a special permit is being based on previous human or natural all interested persons of the decision, requested; impacts in the given area. and the reasons therefore, in writing, (C) The current status of resources to (E) NMFS has determined that the normally within 30 days of the receipt be harvested in relation to the maximum number of permits for a given of sufficient information, unless overfishing definition in the FEP; area in a given season has been reached additional time is needed for a hearing. (iii) If a hearing is requested, or if the (D) Estimated ecosystem, habitat, and and allocating additional permits in the Regional Administrator determines that protected species impacts of the same area would be detrimental to the one is appropriate, the Regional proposed activity; and resource. (E) Other biological and ecological Administrator may grant an informal (F) The activity proposed under the information relevant to the proposal. hearing before a hearing officer special permit would create a significant The applicant will be provided with an designated for that purpose after first enforcement problem. opportunity to appear in support of the giving notice of the time, place, and (vi) The Regional Administrator may application. subject matter of the hearing in the (iii) Following a review of the attach conditions to the special permit, Federal Register. Such a hearing shall Council’s recommendation and if it is granted, consistent with the normally be held no later than 30 days supporting rationale, the Regional management objectives of the FEP, following publication of the notice in Administrator may: including, but not limited to: the Federal Register, unless the hearing (A) Concur with the Council’s (A) The maximum amount of each officer extends the time for reasons recommendation and, after finding that resource that can be harvested and deemed equitable. The appellant, the it is consistent with the goals and landed during the term of the special applicant (if different), and, at the objectives of the FEP, the national permit, including trip limits, where discretion of the hearing officer, other standards, the Endangered Species Act, appropriate. interested parties, may appear and other applicable laws, approve or (B) The times and places where personally and/or be represented by deny a special permit; or fishing may be conducted. counsel at the hearing and may submit (B) Reject the Council’s (C) The type, size, and amount of gear information and present arguments as recommendation, in which case, written which may be used by each vessel determined appropriate by the hearing reasons will be provided by the operated under the special permit. officer. Within 30 days of the last day Regional Administrator to the Council (D) Data reporting requirements. of the hearing, the hearing officer shall for the rejection. (E) Such other conditions as may be recommend in writing a decision to the (iv) If the Regional Administrator does necessary to ensure compliance with the Regional Administrator. not receive a recommendation from the purposes of the special permit (iv) The Regional Administrator may Council within 60 days of Council consistent with the objectives of the adopt the hearing officer’s receipt of the permit application, the FEP. recommended decision, in whole or in Regional Administrator can make a (4) Appeals of permit actions. part, or may reject or modify it. In any determination of approval or denial (i) Except as provided in subpart D of event, the Regional Administrator will independently. 15 CFR part 904, any applicant for a notify interested persons of the (v) Within 30 working days after the permit or a permit holder may appeal decision, and the reason(s) therefore, in consultation in paragraph (d)(3)(ii) of the granting, denial, conditioning, or writing, within 30 days of receipt of the this section, or as soon as practicable suspension of their permit or a permit hearing officer’s recommended decision. thereafter, NMFS will notify the affecting their interests to the Regional The Regional Administrator’s action applicant in writing of the decision to Administrator. In order to be considered constitutes final action for the agency grant or deny the special permit and, if by the Regional Administrator, such for the purposes of the Administrative denied, the reasons for the denial. appeal must be in writing, must state Procedure Act. Grounds for denial of a special permit the action(s) appealed, and the reasons (5) The Regional Administrator may, include the following: therefore, and must be submitted within for good cause, extend any time limit (A) The applicant has failed to 30 days of the original action(s) by the prescribed in this section for a period disclose material information required, Regional Administrator. The appellant not to exceed 30 days either upon his

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60072 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

or her own motion or upon written § 665.126 Notifications. section must describe the new gear and request from the Council, appellant or Any special permit holder subject to its method of deployment in the special applicant stating the reason(s) therefore. the requirements of this subpart must permit application. A decision on the contact the appropriate NMFS permissibility of this gear type will be § 665.125 Prohibitions. enforcement agent in American Samoa, made by the Regional Administrator In addition to the general prohibitions Guam, or Hawaii at least 24 hours before after consultation with the Council and specified in § 600.725 of this chapter landing any coral reef ecosystem MUS the director of the affected State fishery and § 665.15 of this part, it is unlawful unit species harvested under a special management agency. for any person to do any of the permit, and report the port and the following: approximate date and time at which the § 665.128 Gear identification. (a) Fish for, take, retain, possess or catch will be landed. (a) The vessel number must be affixed land any American Samoa coral reef § 665.127 Allowable gear and gear to all fish and crab traps on board the ecosystem MUS in any low-use MPA as restrictions. vessel or deployed in the water by any defined in § 665.99 unless: vessel or person holding a permit under (a) American Samoa coral reef §§ 665.13 or 665.124 or that is otherwise (1) A valid permit has been issued for ecosystem MUS may be taken only with the hand harvester or the fishing vessel the following allowable gear and established to be fishing for American operator that specifies the applicable methods: Samoa coral reef ecosystem MUS in the area of harvest; (1) Hand harvest; management area. (2) A permit is not required, as (2) Spear; (b) Enforcement action. outlined in § 665.124; or (3) Slurp gun; (1) Traps not marked in compliance (3) The American Samoa coral reef (4) Hand net/dip net; with paragraph (a) of this section and (5) Hoop net for Kona crab; ecosystem MUS possessed on board the found deployed in the coral reef vessel originated outside the (6) Throw net; (7) Barrier net; ecosystem management area will be management area and this can be (8) Surround/purse net that is considered unclaimed or abandoned demonstrated through receipts of attended at all times; property, and may be disposed of in any purchase, invoices, fishing logbooks or (9) Hook-and-line (includes handline manner considered appropriate by other documentation. (powered or not), rod-and-reel, and NMFS or an authorized officer. (b) Fish for, take, or retain any trolling); (2) Unattended surround nets or bait American Samoa coral reef ecosystem (10) Crab and fish traps with vessel ID seine nets found deployed in the coral MUS species: number affixed; and reef ecosystem management area will be (1) That is determined overfished (11) Remote-operating vehicles/ considered unclaimed or abandoned with subsequent rulemaking by the submersibles. property, and may be disposed of in any Regional Administrator; (b) American Samoa coral reef manner considered appropriate by (2) By means of gear or methods ecosystem MUS may not be taken by NMFS or an authorized officer. prohibited under § 665.127; means of poisons, explosives, or intoxicating substances. Possession or §§ 665.129–665.139 [Reserved] (3) In a low-use MPA without a valid use of these materials by any permit special permit; or § 665.140 American Samoa Crustacean holder under this subpart who is Fisheries. [Reserved] (4) In violation of any permit issued established to be fishing for coral reef under §§ 665.13, 665.123, or 665.124. ecosystem MUS in the management area § 665.141 Definitions. (c) Fish for, take, or retain any wild is prohibited. live rock or live hard coral except under (c) Existing FEP fisheries shall follow As used in §§ 665.140 through a valid special permit for scientific the allowable gear and methods 665.159: research, aquaculture seed stock outlined in their respective plans. American Samoa crustacean collection or traditional and ceremonial (d) Any person who intends to fish management unit species means the purposes by indigenous people. with new gear not included in this following crustaceans:

Samoan name English common name Scientific name

ula ...... spiny lobster ...... Panulirus marginatus, Panulirus penicillatus. papata ...... slipper lobster ...... Scyllaridae. pa’a ...... Kona crab ...... Ranina ranina...... deepwater shrimp ...... Heterocarpus spp.

Crustacean Permit Area 3 (Permit (b) General requirements. General application must be accompanied by a Area 3) includes the EEZ around requirements governing application supplementary information sheet American Samoa. information, issuance, fees, expiration, obtained from PIRO and contain the replacement, transfer, alteration, names and mailing addresses of all § 665.142 Permits. display, sanctions, and appeals for partners or shareholders and their (a) Applicability. permits issued under this section, as respective percentage of ownership in (1) The owner of any vessel used to applicable, are contained in § 665.13. the partnership or corporation. fish for lobster in Permit Area 3 must (c) Application. An application for a § 665.143 Prohibitions. have a permit issued for that vessel. permit required under this section will (2) The owner of any vessel used to be submitted to PIRO as described in In addition to the general prohibitions fish for deepwater shrimp in Crustacean § 665.13. If the application for a limited specified in § 600.725 of this chapter Permit Area 3 must have a permit issued access permit is submitted on behalf of and § 665.15, in Crustacean Permit Area for that vessel. a partnership or corporation, the 3, it is unlawful for any person to fish

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60073

for, take, or retain deepwater shrimp offloading, the location and time that when requested to do so by the Regional without a permit issued under offloading of spiny and slipper lobsters Administrator. § 665.142. will begin. §§ 665.146 665.159 [Reserved] § 665.144 Notifications. (b) The Regional Administrator will notify permit holders of any change in § 665.160 American samoa precious coral (a) The operator of any vessel fishing fisheries. [Reserved] subject to the requirements of this the reporting method and schedule subpart must: required in paragraphs (a)(1) and (a)(2) § 665.161 Definitions. (1) Report, not less than 24 hours, but of this section at least 30 days prior to As used in §§ 665.160 through not more than 36 hours, before landing, the opening of the fishing season. 665.169: the port, the approximate date and the § 665.145 At-sea observer coverage. American Samoa precious coral approximate time at which spiny and management unit species (American slipper lobsters will be landed. All fishing vessels subject to Samoa precious coral MUS) means any (2) Report, not less than 6 hours and §§ 665.140 through 665.145 and subpart coral of the genus Corallium in addition not more than 12 hours before A of this part must carry an observer to the following species of corals:

Local name English common name Scientific name

Amu piniki-mumu ...... Pink coral (also known as red Corallium secundum, coral). Corallium regale, Corallium laauense. Amu auro ...... Gold coral ...... Gerardia spp., Callogorgia gilberti, Narella spp., Calyptrophora spp. Amu ofe ...... Bamboo coral ...... Lepidisis olapa, Acanella spp. Amu ofe ...... Black coral ...... Antipathes dichotoma, Antipathes grandis, Antipathes ulex.

American Samoa precious coral § 665.163 Prohibitions. § 665.165 Size restrictions. permit area means the area In addition to the general prohibitions The height of a live coral specimen encompassing the precious coral beds specified in § 600.725 of this chapter shall be determined by a straight line within the U.S. EEZ around American and in § 665.15, it is unlawful for any measurement taken from its base to its Samoa. Each bed is designated by a person to: most distal extremity. The stem permit area code and assigned to one of (a) Use any vessel to fish for, take, diameter of a living coral specimen shall the following four categories: retain, possess or land precious coral in be determined by measuring the greatest (1) Established beds. [Reserved] diameter of the stem at a point no less (2) Conditional beds. [Reserved] any precious coral permit area, unless a permit has been issued for that vessel than 1 inch (2.54 cm) from the top (3) Refugia. [Reserved] surface of the living holdfast. (4) Exploratory Area. Permit Area X– and area as specified in § 665.13 and (a) Live pink coral harvested from any P–AS includes all coral beds, other than that permit is on board the vessel. precious coral permit area must have established beds, conditional beds, or (b) Fish for, take, or retain any species attained a minimum height of 10 inches refugia, in the EEZ seaward of American of American Samoa precious coral MUS Samoa. in any precious coral permit area: (25.4 cm). (b) Black coral. Live black coral § 665.162 Permits. (1) By means of gear or methods harvested from any precious coral prohibited by § 665.164. (a) Any vessel of the United States permit area must have attained either a fishing for, taking, or retaining (2) In refugia specified in § 665.161. minimum stem diameter of 1 inch (2.54 American Samoa precious coral MUS in (3) In a bed for which the quota cm), or a minimum height of 48 inches any American Samoa precious coral specified in § 665.167 has been attained. (122 cm). permit area must have a permit issued (4) In violation of any permit issued § 665.166 Closures. under § 665.13. under § 665.13 or § 665.17. (b) Each permit will be valid for (5) In a bed that has been closed (a) If the Regional Administrator fishing only in the permit area specified pursuant to §§ 665.166 or 665.169. determines that the harvest quota for on the permit. Precious Coral Permit any coral bed will be reached prior to (c) Take and retain, possess, or land the end of the fishing year, NMFS shall Areas are defined in § 665.161. any live pink coral or live black coral (c) No more than one permit will be publish a notice to that effect in the from any precious coral permit area that valid for any one vessel at any one time. Federal Register and shall use other (d) No more than one permit will be is less than the minimum height means to notify permit holders. Any valid for any one person at any one specified in § 665.165 unless: such notice must indicate the reason for time. (1) A valid EFP was issued under the closure, the bed being closed, and (e) The holder of a valid permit to fish § 665.17 for the vessel and the vessel the effective date of the closure. one permit area may obtain a permit to was operating under the terms of the (b) A closure is also effective for a fish another permit area only upon permit; or permit holder upon the permit holder’s surrendering to the Regional (2) The coral originated outside coral actual harvest of the applicable quota. Administrator any current permit for the beds listed in this paragraph, and this precious coral fishery issued under can be demonstrated through receipts of § 665.167 Quotas. § 665.13. purchase, invoices, or other (a) General. The quotas limiting the (f) General requirements governing documentation. amount of precious coral that may be application information, issuance, fees, taken in any precious coral permit area expiration, replacement, transfer, § 665.164 Gear restrictions. during the fishing year are listed in alteration, display, sanctions, and Only selective gear may be used to § 665.167(d). Only live coral is counted appeals for permits for the precious harvest coral from any precious coral toward the quota. The accounting coral fishery are contained in § 665.13. permit area. period for all quotas begins July 1, 1983.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60074 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

(b) Conditional bed closure. A by vessels of the United States in that Subpart C—Hawaii Fisheries conditional bed will be closed to all July 1–December 31 period. § 665.198 Management area. nonselective coral harvesting after the (4) NMFS will publish in the Federal The Hawaii fishery management area quota for one species of coral has been Register a notification of the Regional is the EEZ seaward of the State of taken. Administrator’s determination and a (c) Reserves and reserve release. The Hawaii, including the Main Hawaiian summary of the information on which it quotas for exploratory area X–P–AS will Islands (MHI) and Northwestern be held in reserve for harvest by vessels is based as soon as practicable after the Hawaiian Islands (NWHI), with the of the United States in the following determination is made. inner boundary a line coterminous with manner: (d) The American Samoa exploratory the seaward boundaries of the State of (1) At the start of the fishing year, the permit area X–P–AS has an annual Hawaii and the outer boundary a line reserve for the American Samoa quota of 1,000 kg for all American drawn in such a manner that each point exploratory area will equal the quota Samoa precious coral MUS combined on it is 200 nautical miles from the minus the estimated domestic annual with the exception of black corals. baseline from which the territorial sea is harvest for that year. measured. (2) As soon as practicable after § 665.168 Seasons. § 665.199 Area restrictions. [Reserved] December 31 each year, the Regional The fishing year for precious coral Administrator will determine the begins on July 1 and ends on June 30 the § 665.200 Hawaii bottomfish and seamount amount harvested by vessels of the following year. groundfish fisheries. [Reserved] United States between July 1 and December 31 of the year that just ended § 665.169 Gold coral harvest moratorium. § 665.201 Definitions. on December 31. As used in §§ 665.200 through (3) NMFS will release to TALFF an Fishing for, taking, or retaining any 665.219: amount of precious coral for each gold coral in any precious coral permit Hawaii bottomfish management unit exploratory area equal to the quota area is prohibited through June 30, species (Hawaii bottomfish MUS) means minus two times the amount harvested 2013. the following species:

Local name English common name Scientific name

lehi ...... silver jaw jobfish ...... Aphareus rutilans. uku ...... gray jobfish ...... Aprion virescens. white papio, ulua au kea ...... giant trevally ...... Caranx ignobilis. ulua la‘uli ...... black jack ...... Caranx lugubris. ha¯pu‘upu‘u ...... sea bass ...... Epinephalus quernus. ehu ...... red snapper ...... Etelis carbunculus. onaga, ‘ula‘ula koa‘e ...... longtail snapper ...... Etelis coruscans. ta‘ape ...... blue stripe snapper ...... Lutjanus kasmira. kalekale ...... yellowtail snapper ...... Pristipomoides auricilla. ‘o¯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 the permit required by § 665.203(a)(2) to Protected species study zone means fishing year means the year beginning at own or fish from a vessel that is used the waters within 50 nm, as designated 0001 HST on September 1 and ending in any non-commercial vessel-based by the Regional Administrator pursuant at 2400 HST on August 31 of the next fishing, landing, or transshipment of to § 665.208, around the following calendar year. any Hawaii bottomfish MUS in the MHI islands of the NWHI and as measured Main Hawaiian Islands non- Management Subarea. from the following coordinates: commercial bottomfish permit means

Name N. lat. W. long.

Nihoa Island ...... 23°05′ 161°55′ Necker Island ...... 23°35′ 164°40′ French Frigate Shoals ...... 23°45′ 166°15′ Gardner Pinnacles ...... 25°00′ 168°00′ Maro Reef ...... 25°25′ 170°35′ Laysan Island ...... 25°45′ 171°45′ Lisianski Island ...... 26°00′ 173°55′ Pearl and Hermes Reef ...... 27°50′ 175°50′ Midway Island ...... 28°14′ 177°22′ Kure Island ...... 28°25′ 178°20′

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60075

Seamount Groundfish means the systems described in this section are landings of bottomfish from the Mau following species: subject to abolition, modification, or Zone; and additional effort limitation programs. (iii) If the application is filed by a Common name Scientific name (2) MHI non-commercial. The owner partnership or corporation, the names of of a vessel that is used for and any each of the individual partners or Armorhead ...... Pseudopentaceros person who participates in non- shareholders and their respective wheeleri. percentage of ownership of the Alfonsin ...... Beryx splendens. commercial, vessel-based fishing, Raftfish ...... Hyperoglyphe japonica. landing, or transshipment of Hawaii partnership or corporation. bottomfish MUS in the MHI (c) Sale or transfer of Ho’omalu limited access permits to new vessel § 665.202 Management subareas. management subarea is required to obtain an MHI non-commercial owners. (a) The Hawaii fishery management bottomfish permit or a State of Hawaii (1) A Ho’omalu zone permit may not area is divided into subareas with the Commercial Marine License. If one or be sold or otherwise transferred to a following designations and boundaries: more persons on a vessel-based new owner. (1) Main Hawaiian Islands means the bottomfish fishing trip holds an MHI (2) A Ho’omalu zone permit or U.S. EEZ around the Hawaiian permits may be held by a partnership or ° ′ non-commercial permit, then the entire Archipelago lying to the east of 161 20 trip is considered non-commercial, and corporation. If 50 percent or more of the W. long. not commercial. However, if any ownership of the vessel passes to (2) Northwestern Hawaiian Islands commercial fishing occurs during or as persons other than those listed in the means the EEZ around the Hawaiian original application, the permit will ° ′ a result of a vessel-based fishing trip, Archipelago lying to the west of 161 20 then the fishing trip is considered lapse and must be surrendered to the W. long. For the purposes of regulations commercial, and not non-commercial. Regional Administrator. (d) Transfer of Ho’omalu Zone limited issued under this subpart, Midway Charter boat customers are not subject to access permits to replacement vessels. Island is treated as part of the NWHI the requirements of the section. Subarea. (1) Upon application by the owner of (b) Submission. (i) Ho’omalu Zone means that portion a permitted vessel, the Regional (1) An application for a permit of the EEZ around the NWHI west of Administrator will transfer that owner’s required under this section must be 165° W. long. permit to a replacement vessel owned submitted to PIRO as described in (ii) Mau Zone means that portion of by that owner, provided that the § 665.13. the EEZ around the NWHI between replacement vessel does not exceed 60 161°20’ W. long. and 165° W. long. (2) Ho’omalu Zone limited access ft (18.3 m) LOA. The replacement vessel (3) Hancock Seamount means that permit. In addition to an application must be put into service no later than 12 portion of the EEZ in the Northwestern under § 665.13(c), each applicant for a months after the owner applies for the Hawaiian Islands west of 180°00′ W. Ho’omalu Zone permit must also submit transfer, or the transfer shall be void. long. and north of 28°00′ N. lat. a supplementary information sheet (2) An owner of a permitted vessel (b) The inner boundary of each provided by PIRO, which must be may apply to the Regional management subarea is a line signed by the vessel owner or a designee Administrator for transfer of that coterminous with the seaward and include the following information: owner’s permit to a replacement vessel boundaries of the State of Hawaii. (i) The qualification criterion that the greater than 60 ft (18.3 m) LOA. The (c) The outer boundary of each applicant believes he or she meets for Regional Administrator may transfer the management subarea is a line drawn in issuance of a limited access permit; permit upon determining, after such a manner that each point on it is (ii) A copy of landings receipts or consultation with the Council and 200 nautical miles from the baseline other documentation, with a considering the objectives of the limited from which the territorial sea is certification from a State or Federal access program, that the replacement measured. agency that this information is accurate, vessel has catching power that is to demonstrate participation in the comparable to the rest of the vessels § 665.203 Permits. NWHI bottomfish fishery; and holding permits for the fishery, or has (a) Applicability. (iii) If the application is filed by a catching power that does not exceed (1) Northwestern Hawaiian Islands. partnership or corporation, the names of that of the original vessel, and that the The owner of any vessel used to fish for, each of the individual partners or transfer is not inconsistent with the land, or transship Hawaii bottomfish shareholders and their respective objectives of the program. The Regional MUS shoreward of the outer boundary percentages of ownership of the Administrator shall consider vessel of the NWHI subarea must have a permit partnership or corporation. length, range, hold capacity, gear issued under this section, and the (3) Mau Zone limited access permit. limitations, and other appropriate permit must be registered for use with PIRO will not accept applications for a factors in making determinations of that vessel. PIRO will not register a new Mau Zone permit after June 14, catching power equivalency and single vessel for use with a Ho’omalu 1999. In addition to an application comparability of the catching power of Zone permit and a Mau Zone permit at under § 665.13(c), each applicant for a vessels in the fishery. the same time. Mau Zone permits issued Mau Zone permit must also submit a (e) Ho’omalu Zone limited access before June 14, 1999, became invalid supplementary information sheet permit renewal. June 14, 1999, except that a permit provided by PIRO, which must be (1) A qualifying landing for Ho’omalu issued to a person who submitted a signed by the vessel owner or a designee Zone permit renewal is a landing of at timely application under paragraph and include the following information: least 2,500 lb (1,134 kg) of Hawaii (b)(3) of this section is valid until the (i) The qualification criterion that the bottomfish MUS from the Ho’omalu permit holder either receives a Mau applicant believes he or she meets for Zone or a landing of at least 2,500 lb Zone limited entry permit or until final issuance of a limited access permit; (1,134 kg) of fish from the Ho’omalu agency action is taken on the permit (ii) Copy of State of Hawaii catch Zone, of which at least 50 percent by holder’s application. The Ho’omalu report(s) to demonstrate that the weight was Hawaii bottomfish MUS. A Zone and the Mau Zone limited entry permitted vessel had made qualifying permit is eligible for renewal for the

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60076 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

next calendar year if the vessel covered vessel that the permit would cover, and of Hawaii more than 1 year after the by the permit made three or more only one permit will be assigned to any landing. qualifying landings during the current vessel. (3) More than one Mau Zone permit calendar year. (3) Order of issuance. New permits may be issued to an owner of two or (2) The owner of a permitted vessel shall be awarded to applicants in more vessels, provided each of the that did not make three or more descending order, starting with the owner’s vessels for which a permit will qualifying landings of bottomfish in a applicant with the largest number of be registered for use has made the year may apply to the Regional points. If two or more persons have an required qualifying landings for the Administrator for a waiver of the equal number of points, and there are owner to be assigned at least three landing requirement. If the Regional insufficient new permits for all such eligibility points. Administrator finds that failure to make applicants, the new permits shall be (4) A Mau Zone permit holder who three landings was due to circumstances awarded by the Regional Administrator does not own a vessel at the time initial beyond the owner’s control, the through a lottery. permits are issued must register the Regional Administrator may renew the (4) Notification. The Regional permit for use with a vessel owned by permit. A waiver may not be granted if Administrator shall place a notice in the the permit holder within 12 months the failure to make three landings was Federal Register and shall use other from the date the permit was issued. In due to general economic conditions or means to notify prospective applicants the interim, the permit holder may market conditions, such that the vessel of the opportunity to file applications register the permit for use with a leased operations would not be profitable. for new permits under this program. or chartered vessel. If within 12 months (f) Issuance of new Ho’omalu Zone (h) Eligibility for new Mau Zone of initial permit issuance, the permit limited access permits. The Regional limited access permits. (1) PIRO will holder fails to apply to PIRO to register Administrator may issue new Ho’omalu issue an initial Mau Zone permit to a the permit for use with a vessel owned Zone limited access permits under vessel owner who qualifies for at least by the permit holder, then the permit § 665.13 if the Regional Administrator three points under the following point shall expire. determines, in consultation with the system: (5) For each of paragraphs (h)(1)(i) Council, that bottomfish stocks in the (i) An owner who held a Mau Zone through (h)(1)(viii) of this section, PIRO Ho’omalu Zone are able to support permit on or before December 17, 1991, shall assign points based on the additional fishing effort. and whose permitted vessel made at landings of one permitted vessel to only (g) Eligibility for new Ho’omalu Zone least one qualifying landing of Hawaii one owner if the vessel did not have limited access permits. When the bottomfish MUS on or before December multiple owners during the time frame Regional Administrator has determined 17, 1991, shall be assigned 1.5 points. covered by the subordinate paragraphs. that new permits may be issued, they (ii) An owner whose permitted vessel If a vessel had multiple owners during shall be issued to applicants based upon made at least one qualifying landing of a time frame covered by any of eligibility, determined as follows: Hawaii bottomfish MUS during 1991, paragraphs (h)(1)(i) through (h)(1)(viii) (1) Point system. shall be assigned 0.5 point. of this section (including joint owners, (i) Two points will be assigned for (iii) An owner whose permitted vessel partners, or shareholders of a corporate each year in which the applicant was made at least one qualifying landing of owner), PIRO will assign the points for owner or captain of a vessel that made Hawaii bottomfish MUS during 1992, that subordinate paragraph to a single three or more of any of the following shall be assigned 1.0 point. owner if only one owner submits an types of landings in the NWHI: (iv) An owner whose permitted vessel application with respect to the landings (A) Any amount of Hawaii bottomfish made at least one qualifying landing of of that vessel during that time frame. If MUS, regardless of weight, if made on Hawaii bottomfish MUS during 1993, multiple owners submit separate or before August 7, 1985; shall be assigned 1.5 points. applications with respect to the same (B) At least 2,500 lb (1,134 kg) of (v) An owner whose permitted vessel landings of the same vessel during the Hawaii bottomfish MUS, if made after made at least one qualifying landing of same time frame, then PIRO shall: August 7, 1985; or Hawaii bottomfish MUS during 1994, (i) Adhere to any written agreement (C) At least 2,500 lb (1,134 kg) of any shall be assigned 2.0 points. between the applicants with respect to fish lawfully harvested from the NWHI, (vi) An owner whose permitted vessel who among them shall be assigned the of which at least 50 percent by weight made at least one qualifying landing of aggregate point(s) generated by landings was bottomfish, if made after August 7, Hawaii bottomfish MUS during 1995, during such time frame(s), or 1985. shall be assigned 2.5 points. (ii) If there is no agreement: (ii) One point will be assigned for (vii) An owner whose permitted (A) Shall issue the applicants a joint each year in which the applicant was vessel made at least one qualifying permit provided the vessel’s landings owner or captain of a vessel that landed landing of Hawaii bottomfish MUS during such time frames generated at at least 6,000 lb (2,722 kg) of bottomfish during 1996, shall be assigned 3.0 least three points, or from the MHI. points. (B) In the event the vessel’s landings (iii) For any one year, points will be (viii) Before PIRO issues a Mau Zone during such time frame(s) generated less assigned under either paragraph (g)(1)(i) permit to fish for bottomfish under this than three points, shall not assign any or (g)(1)(ii) of this section, but not under section, the primary operator and relief points generated by the vessel’s both paragraphs. operator named on the application form landings during such time frame(s). (iv) Before the Regional Administrator must have completed a protected (i) Ownership requirements and issues a Ho’omalu zone permit to fish species workshop conducted by NMFS. registration of Mau Zone limited access for bottomfish under this section, the (2) For purposes of this paragraph (h), permits for use with other vessels. primary operator and relief operator a ‘‘qualifying landing’’ means any (1) A Mau Zone permit may be held named on the application form must amount of Hawaii bottomfish MUS by an individual, partnership, or have completed a protected species lawfully harvested from the Mau Zone corporation. No more than 49 percent of workshop conducted by NMFS. and offloaded for sale. No points shall the underlying ownership interest in a (2) Restrictions. An applicant must be assigned to an owner for any Mau Zone permit may be sold, leased, own at least a 25 percent share in the qualifying landings reported to the State chartered, or otherwise transferred to

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60077

another person or entity. If more than 49 (1) Except as provided in subpart A of workshop conducted by NMFS, as percent of the underlying ownership of 15 CFR part 904, any applicant for a required by § 665.203. the permit passes to persons or entities permit or a permit holder may appeal (d) Fail to notify the USCG at least 24 other than those listed in the original the granting, denial, or revocation of his hours prior to making any landing of permit application supplemental or her permit to the Regional bottomfish taken in the Ho’omalu Zone, information sheet, then the permit Administrator. as required by § 665.205. expires and must be surrendered to (2) In order to be considered by the (e) Fish within any protected species PIRO. Regional Administrator, such appeal study zone in the NWHI without (2) A Mau Zone permit holder may must be in writing, must state the action notifying the Regional Administrator of apply under § 665.13 to PIRO to register appealed, and the reasons therefore, and the intent to fish in these zones, as the permit for use with another vessel must be submitted within 30 days of the required under § 664.205. if that vessel is owned by the permit appealed action. The appellant may (f) Falsify or fail to make or file holder, and is no longer than 60 ft (18.3 request an informal hearing on the reports of all fishing activities m). appeal. shoreward of the outer boundary of the (3) If a Mau Zone permit holder sells (3) The Regional Administrator, in MHI management subarea, in violation the vessel for which the permit is consultation with the Council, will of § 665.14(a) or (b). registered for use, the permit holder decide the appeal in accordance with (g) Own a vessel or fish from a vessel must, within 12 months of the date of the FEP and implementing regulations that is used to fish non-commercially for sale, apply to PIRO to register the permit and based upon information relative to any Hawaii bottomfish MUS in the MHI for use with a vessel owned by the the application on file at NMFS and the management subarea without either a permit holder. If the permit holder has Council, the summary record kept of MHI non-commercial bottomfish permit not applied to register a replacement any hearing, the hearing officer’s or a State of Hawaii Commercial Marine vessel within 12 months, then the recommended decision, if any, and any License, in violation of §§ 665.2 or permit expires. other relevant information. 665.203(a)(2). (4) If a permitted vessel owned by the (4) If a hearing is requested, or if the (h) Fish for or possess any Hawaii permit holder is sold or becomes Regional Administrator determines that Restricted Bottomfish Species as unseaworthy, the Mau Zone permit with one is appropriate, the Regional specified in § 665.210, in the MHI which the vessel was registered may be Administrator may grant an informal management subarea after a closure of registered for use with a leased or hearing before a hearing officer the fishery, in violation of § 665.211. (i) Sell or offer for sale any Hawaii chartered vessel for a period not to designated for that purpose. The Restricted Bottomfish Species, as exceed 12 months from the date of applicant or permit holder may appear specified in § 665.210, after a closure of registration of the leased or chartered personally and/or be represented by the fishery, in violation of § 665.211. vessel. If by the end of that 12 month counsel at the hearing and submit information and present arguments as (j) Harvest, possess, or land more than period the permit holder fails to apply a total of five fish (all species combined) to PIRO to register the permit for use determined appropriate by the hearing officer. Within 30 days of the last day identified as Hawaii Restricted with a vessel owned by the permit Bottomfish Species in § 665.210 from a holder, then the permit expires. of the hearing, the hearing officer shall recommend in writing a decision to the vessel in the MHI management subarea, (j) Mau Zone limited access permit while holding a MHI non-commercial renewal. Regional Administrator. (5) The Regional Administrator may bottomfish permit, or while (1) A Mau Zone permit will be eligible adopt the hearing officer’s participating as a charter boat customer, for renewal if the vessel for which the recommended decision, in whole or in in violation of § 665.212. permit is registered for use made at least part, or may reject or modify it. The five separate fishing trips with landings § 665.205 Notification. Regional Administrator’s decision on of at least 500 lb (227 kg) of Hawaii the application is the final (a) The owner or operator of a fishing bottomfish MUS per trip during the administrative decision of the vessel subject to § 665.203(a)(1) must calendar year. Only one landing of Department of Commerce, and is inform PIRO at least 72 hours (not bottomfish MUS per fishing trip to the effective on the date the Administrator including weekends and holidays) Mau Zone will be counted toward the signs the decision. before leaving port, of his or her intent landing requirement. to fish within the protected species (2) If the vessel for which the permit § 665.204 Prohibitions. study zones defined in § 665.201. The is registered for use fails to meet the In addition to the general prohibitions notice must include the name of the landing requirement of paragraph (j)(1) specified in § 600.725 of this chapter vessel, name of the operator, intended of this section, the owner may apply to and § 665.15, it is unlawful for any departure and return date, and a the Regional Administrator for a waiver person to do any of the following: telephone number at which the owner of the landing requirement. Grounds for (a) Fish for Hawaii bottomfish or or operator may be contacted during the a waiver are limited to captain seamount groundfish management unit business day (8 a.m. to 5 p.m.) to incapacitation, vessel breakdowns, and species using gear prohibited under indicate whether an observer will be the loss of the vessel at sea if the event § 665.206. required on the subject fishing trip. prevented the vessel from meeting the (b) Fish for, or retain on board a (b) The operator of a fishing vessel landing requirement. Unprofitability is vessel, Hawaii bottomfish MUS in the that has taken Hawaii bottomfish MUS not sufficient for waiver of the landing Ho’omalu Zone or the Mau Zone in the Ho’omalu Zone must contact the requirement. without the appropriate permit USCG, by radio or otherwise, at the 14th (3) Failure of the permit holder to registered for use with that vessel issued District, Honolulu, HI; Pacific Area, San register a vessel for use under the permit under § 665.13. Francisco, CA; or 17th District, Juneau, does not exempt a permit holder from (c) Serve as primary operator or relief AK, at least 24 hours before landing, the requirements specified in this operator on a vessel with a Mau or and report the port and the approximate paragraph. Ho’omalu Zone permit without date and time at which the bottomfish (k) Appeals of permit actions. completing a protected species will be landed.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60078 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

§ 665.206 Gear restrictions. § 665.205(a). If an observer is required, § 665.208 Protected species conservation. (a) Bottom trawls and bottom set the owner or operator will be informed The Regional Administrator may gillnets. Fishing for Hawaii bottomfish of the terms and conditions of observer change the size of the protected species and seamount groundfish management coverage, and the time and place of study zones defined in § 665.201 of this unit species with bottom trawls and embarkation of the observer. subpart: bottom set gillnets is prohibited. (c) All observers must be provided (a) If the Regional Administrator (b) Possession of gear. Possession of a with sleeping, toilet, and eating determines that a change in the size of bottom trawl and bottom set gillnet by accommodations at least equal to that the study zones would not result in any vessel having a permit under provided to a full crew member. A fishing for bottomfish in the NWHI that § 665.203 or otherwise established to be mattress or futon on the floor, or a cot, would adversely affect any species fishing for Hawaii bottomfish or is not acceptable in place of a regular listed as threatened or endangered seamount groundfish management unit bunk. Meal and other galley privileges under the ESA. species in the management subareas is must be the same for the observer as for (b) After consulting with the Council. prohibited. other crew members. (c) Poisons and explosives. The (c) Through notification in the possession or use of any poisons, (d) Female observers on a vessel with Federal Register published at least 30 explosives, or intoxicating substances an all-male crew must be days prior to the effective date or for the purpose of harvesting Hawaii accommodated either in a single-person through actual notice to the permit bottomfish and seamount groundfish cabin or, if reasonable privacy can be holders. management unit species is prohibited. ensured by installing a curtain or other temporary divider, in a two-person § 665.209 Fishing moratorium on Hancock § 665.207 At-sea observer coverage. cabin shared with a licensed officer of Seamount. (a) All fishing vessels subject to the vessel. If the cabin assigned to a Fishing for Hawaii bottomfish and §§ 665.200 though 665.212 must carry female observer does not have its own seamount groundfish management unit an observer when directed to do so by toilet and shower facilities that can be species on the Hancock Seamount is the Regional Administrator. provided for the exclusive use of the prohibited through August 31, 2010. (b) PIRO will advise the vessel owner observer, then a schedule for time- or operator of any observer requirement sharing of common facilities must be § 665.210 Hawaii restricted bottomfish within 72 hours (not including established and approved by the species. weekends or holidays) of receipt of the Regional Administrator prior to the Hawaii restricted bottomfish species notice provided pursuant to vessel’s departure from port. means the following species:

Local name English common name Scientific name

lehi ...... silver jaw jobfish ...... Aphareus rutilans. ehu ...... squirrelfish snapper ...... Etelis carbunculus. onaga ...... longtail snapper ...... Etelis coruscans. opakapaka ...... pink snapper ...... Pristipomoides filamentosus. kalekale ...... snapper ...... Pristipomoides sieboldii. gindai ...... snapper ...... Pristipomoides zonatus. hapu‘upu‘u ...... sea bass ...... Epinephelus quernus.

§ 665.211 Total Allowable Catch (TAC) closure notice for public inspection at § 665.212 Non-commercial bag limits. limit. the Office of the Federal Register, until No more than a total of five fish (all (a) TAC limits will be set annually for the end of the fishing year in which the species combined) identified as Hawaii the fishing year by NMFS, as TAC is reached. Restricted Bottomfish Species as recommended by the Council, based on (d) On and after the date specified in specified in § 665.210, may be the best available scientific, commercial, § 665.211(c), no person may fish for or harvested, possessed, or landed by any and other information, and taking into possess any Hawaii Restricted individual participating in a non- account the associated risk of Bottomfish Species as specified in commercial vessel-based fishing trip in overfishing. § 665.210 in the MHI management the MHI management subarea. Charter (b) The Regional Administrator shall subarea, except as otherwise allowed in boat customers are also subject to the publish a notice indicating the annual this section. bag limit. TAC limit in the Federal Register by §§ 665.213–665.219 [Reserved] August 31 of each year, and shall use (e) On and after the date specified in other means to notify permit holders of § 665.211(c), no person may sell or offer § 665.220 Hawaii coral reef ecosystem the TAC limit for the year. for sale Hawaii Restricted Bottomfish fisheries. [Reserved] (c) When the TAC limit specified in Species as specified in § 665.210, except § 665.221 Definitions. this section is projected to be reached as otherwise authorized by law. based on analyses of available (f) Fishing for, and the resultant As used in §§ 665.220 through information, the Regional Administrator possession or sale of, Hawaii Restricted 665.239: shall publish a notice to that effect in Bottomfish Species by vessels legally Hawaii coral reef ecosystem the Federal Register and shall use other registered to Mau Zone, Ho’omalu Zone, management unit species (Hawaii coral means to notify permit holders. The or PRIA bottomfish fishing permits and reef ecosystem MUS) means all of the notice will include an advisement that conducted in compliance with all other Currently Harvested Coral Reef Taxa the fishery will be closed beginning at laws and regulations, is exempted from and Potentially Harvested Coral Reef a specified date, which is not earlier this section. Taxa listed in this section and which than 14 days after the date of filing the spend the majority of their non-pelagic

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60079

(post-settlement) life stages within waters less than or equal to 50 fathoms in total depth.

HAWAII—CURRENTLY HARVESTED CORAL REEF TAXA

Family name Local name English common name Scientific name

Acanthuridae (Surgeonfishes) ...... na‘ena‘e ...... orange-spot surgeonfish ...... Acanthurus olivaceus. pualu ...... yellowfin surgeonfish ...... Acanthurus xanthopterus. manini ...... convict tang ...... Acanthurus triostegus. palani ...... eye-striped surgeonfish ...... Acanthurus dussumieri. maiko ...... blue-lined surgeon ...... Acanthurus nigroris. maiko, maikoiko ...... whitebar surgeonfish ...... Acanthurus leucopareius. whitecheek surgeonfish ...... Acanthurus nigricans. ‘api ...... white-spotted surgeonfish ...... Acanthurus guttatus. Pualu ...... ringtail surgeonfish ...... Acanthurus blochii. mai‘i‘i ...... brown surgeonfish ...... Acanthurus nigrofuscus. kole ...... yellow-eyed surgeonfish ...... Ctenochaetus strigosus. NA ...... striped bristletooth ...... Ctenochaetus striatus. kala ...... bluespine unicornfish ...... Naso unicornus. kalalei, umaumalei ...... orangespine unicornfish ...... Naso lituratus. Acanthuridae (Surgeonfishes) ...... kala holo ...... black tongue unicornfish ...... Naso hexacanthus. kala ...... whitemargin unicornfish ...... Naso annulatus. kala lolo ...... spotted unicornfish ...... Naso brevirostris. gray unicornfish ...... Naso caesius. lau‘ipala ...... yellow tang ...... Zebrasoma flavescens. Balistidae (Triggerfish) ...... humuhumu hi‘ukole ...... pinktail triggerfish ...... Melichthys vidua. humuhumu ‘ele‘ele ...... black triggerfish ...... Melichthys niger. humuhumu nukunuku apua‘a ...... picassofish ...... Rhinecanthus aculeatus. bridled triggerfish ...... Sufflamen fraenatum. Carangidae (Jacks) ...... akule, hahalu ...... bigeye scad ...... Selar crumenophthalmus. ‘opelu, ‘opelu mama ...... mackerel scad ...... Decapterus macarellus. Carcharhinidae (Sharks) ...... mano¯ ...... grey reef shark ...... Carcharhinus amblyrhynchos. mano¯ ...... galapagos shark ...... Carcharhinus galapagensis. mano¯ ...... blacktip reef shark ...... Carcharhinus melanopterus. mano¯ lalakea ...... whitetip reef shark ...... Triaenodon obesus. Holocentridae (Solderfish/Squirrel- menpachi, ‘u‘u ...... bigscale soldierfish ...... Myripristis berndti. fish. menpachi, ‘u‘u ...... brick soldierfish ...... Myripristis amaena. menpachi, ‘u‘u ...... yellowfin soldierfish ...... Myripristis chryseres. menpachi, ‘u‘u ...... pearly soldierfish ...... Myripristis kuntee. ‘ala‘ihi ...... file-lined squirrelfish ...... Sargocentron microstoma. ‘ala‘ihi ...... crown squirrelfish ...... Sargocentron diadema. ‘ala‘ihi ...... peppered squirrelfish ...... Sargocentron punctatissimum. ‘ala‘ihi ...... blue-lined squirrelfish ...... Sargocentron tiere. ‘ala‘ihi ...... hawaiian squirrelfish ...... Sargocentron xantherythrum. ‘ala‘ihi ...... saber or long jaw squirrelfish ...... Sargocentron spiniferum. ‘ala‘ihi ...... spotfin squirrelfish ...... Neoniphon spp. Kuhliidae (Flagtails) ...... ‘aholehole ...... Hawaiian flag-tail ...... Kuhlia sandvicensis. Kyphosidae (Rudderfish) ...... nenue ...... rudderfish ...... Kyphosus biggibus. nenue ...... rudderfish ...... Kyphosus cinerascens. nenue ...... rudderfish ...... Kyphosus vaigiensis. Labridae (Wrasses) ...... ‘a‘awa ...... saddleback hogfish ...... Bodianus bilunulatus. po‘ou ...... ring-tailed wrasse ...... Oxycheilinus unifasciatus. laenihi, nabeta ...... razor wrasse ...... Xyrichtys pavo. kupoupou ...... cigar wrasse ...... Cheilio inermis. ho‘u ...... surge wrasse ...... Thalassoma purpureum. red ribbon wrasse ...... Thalassoma quinquevittatum. sunset wrasse ...... Thalassoma lutescens. rockmover wrasse ...... Novaculichthys taeniourus. Mullidae (Goatfishes) ...... weke ...... yellow goatfish ...... Mulloidichthys spp. weke nono ...... orange goatfish ...... Mulloidichthys pfleugeri. weke‘ula ...... yellowfin goatfish ...... Mulloidichthys vanicolensis. weke‘a or weke a‘a ...... yellowstripe goatfish ...... Mulloidichthys flavolineatus. kumu, moano ...... banded goatfish ...... Parupeneus spp. munu ...... doublebar goatfish ...... Parupeneus bifasciatus. moano kea, moano kale ...... yellowsaddle goatfish ...... Parupeneus cyclostomas. malu ...... side-spot goatfish ...... Parupeneus pleurostigma. moano ...... multi-barred goatfish ...... Parupeneus multifaciatus. weke pueo ...... bandtail goatfish ...... Upeneus arge. Mugilidae (Mullets) ...... ‘ama‘ama ...... stripped mullet ...... Mugil cephalus. uouoa ...... false mullet ...... Neomyxus leuciscus.

Muraenidae (Moray eels) ...... puhi paka ...... yellowmargin moray eel ...... Gymnothorax flavimarginatus. puhi ...... giant moray eel ...... Gymnothorax javanicus.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60080 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

HAWAII—CURRENTLY HARVESTED CORAL REEF TAXA—Continued

Family name Local name English common name Scientific name

puhi laumilo ...... undulated moray eel ...... Gymnothorax undulatus. puhi ...... dragon eel ...... Enchelycore pardalis. Octopodidae (Octopus) ...... he‘e ...... octopus ...... Octopus cyanea. mauli, tako he‘e, tako ...... octopus ...... Octopus ornatus. Polynemidae ...... moi ...... threadfin ...... Polydactylus sexfilis. Priacanthidae (Big-eyes) ...... ‘aweoweo ...... glasseye ...... Heteropriacanthus cruentatus. ‘aweoweo ...... bigeye ...... Priacanthus hamrur. Scaridae (Parrotfish) ...... uhu, palukaluka ...... parrotfish ...... Scarus spp. panuhunuhu ...... stareye parrotfish ...... Calotomus carolinus. Sphyraenidae (Barracuda) ...... kawele‘a, kaku ...... Heller’s barracuda ...... Sphyraena helleri. kaku ...... great barracuda ...... Sphyraena barracuda. Turbinidae ...... green snails turban shells ...... Turbo spp. Zanclidae ...... kihikihi ...... moorish idol ...... Zanclus cornutus. Chaetodontidae ...... kikakapu ...... butterflyfish ...... Chaetodon auriga. kikakapu ...... raccoon butterflyfish ...... Chaetodon lunula. kikakapu ...... saddleback butterflyfish ...... Chaetodon ephippium. Sabellidae ...... featherduster worm ......

HAWAII—POTENTIALLY HARVESTED CORAL REEF TAXA

Local name English common name Scientific name

hinalea ...... wrasses (Those species not listed as CHCRT) ...... Labridae. mano¯ ...... sharks (Those species not listed as CHCRT) ...... Carcharhinidae, Sphyrnidae. hihimanu ...... rays and skates ...... Dasyatididae, Myliobatidae. roi, hapu‘upu ‘u ...... groupers, seabass (Those species not listed as Serrandiae. CHCRT or in BMUS). tilefishes ...... Malacanthidae. dobe, kagami, pa‘opa‘o, papa, jacks and scads (Those species not listed as CHCRT Carangidae. omaka, ulua. or in BMUS). ‘u‘u ...... solderfishes and squirrelfishes (Those species not Holocentridae. listed as CHCRT). weke, moano, kumu ...... goatfishes (Those species not listed as CHCRT) ...... Mullidae. na‘ena ‘e, maikoiko ...... surgeonfishes (Those species not listed as CHCRT) Acanthuridae. remoras ...... Echeneidae. puhi ...... eels (Those species not listed as CHCRT) ...... Muraenidae, Congridae, Ophichthidae. ‘upapalu ...... cardinalfishes ...... Apogonidae. herrings ...... Clupeidae. nehu ...... anchovies ...... Engraulidae. coral crouchers ...... Caracanthidae. ‘o‘opu ...... gobies ...... Gobiidae. to‘au ...... snappers (Those species not listed as CHCRT or in Lutjanidae. BMUS). nunu ...... trumpetfish ...... Aulostomus chinensis. nunu peke ...... cornetfish ...... Fistularia commersoni. kihikihi ...... moorish Idols ...... Zanclidae. kikakapu ...... butterflyfishes ...... Chaetodontidae. angelfishes ...... Pomacanthidae. mamo ...... damselfishes ...... Pomacentridae. nohu, okoze ...... scorpionfishes, lionfishes ...... Scorpaenidae. pa o’o ...... blennies ...... Blenniidae. kaku ...... barracudas (Those species not listed as CHCRT) ..... Sphyraenidae. sandperches ...... Pinguipedidae. paki‘i ...... flounders and soles ...... Bothidae, Soleidae, Pleurnectidae. makukana ...... trunkfishes ...... Ostraciidae. humu humu ...... trigger fishes (Those species not listed as CHCRT) ... Balistidae. nenue ...... rudderfishes (Those species not listed as CHCRT) .... Kyphosidae. po‘opa‘a ...... hawkfishes (Those species not listed as CHCRT) ...... Cirrhitidae. ‘o‘opu hue, fugu ...... puffer fishes and porcupine fishes ...... Tetradontidae. frogfishes ...... Antennariidae. pipefishes and seahorses ...... Syngnathidae. namako, lole, wana ...... sea cucumbers and sea urchins ...... Echinoderms. (Those species not listed as CHCRT) ...... Mollusca. ko‘a ...... ahermatypic corals ...... Azooxanthellates. ko‘a ...... mushroom corals ...... Fungiidae. ko‘a ...... small and large coral polyps ...... soft corals and gorgonians. anemones ...... Actinaria. soft zoanthid corals ...... Zoanthinaria. hydroid corals ...... Solanderidae. ko‘a ...... lace corals ...... Stylasteridae.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60081

HAWAII—POTENTIALLY HARVESTED CORAL REEF TAXA—Continued

Local name English common name Scientific name

ula, a‘ama, mo‘ala, ‘alakuma ...... lobsters, shrimps, mantis shrimps, true crabs and Crustaceans. hermit crabs (Those species not listed as CMUS). Hydrozoans, Bryzoans. black-lip pearl oyster ...... Pinctada margaritifera. other clams ...... Other Bivalves. sea squirts ...... Tunicates. sponges ...... Porifera. tako, he‘e ...... octopi ...... Cephalopods. sea snails ...... Gastropoda. sea slugs ...... Opistobranchs. limu ...... seaweed ...... Algae. Live rock. segmented worms (Those species not listed as Annelids. CHCRT).

All other Hawaii coral reef ecosystem (ii) Hawaii Potentially Harvested under this section must complete and MUS that are marine plants, Coral Reef Taxa in the coral reef submit to the Regional Administrator a invertebrates, and fishes that are not ecosystem management area; or Special Coral Reef Ecosystem Fishing listed in the Hawaii CHCRT table or are (iii) Hawaii coral reef ecosystem MUS Permit Application Form issued by not Hawaii bottomfish, crustacean, in the coral reef ecosystem management NMFS. Information in the application precious coral, seamount groundfish or area with any gear not specifically form must include, but is not limited to western Pacific pelagic MUS. allowed in this subpart. a statement describing the objectives of (2) Transshipment permit. A receiving the fishing activity for which a special § 665.222 Management area. vessel must be registered for use with a permit is needed, including a general The Hawaii coral reef ecosystem transshipment permit if that vessel is description of the expected disposition management area is as follows: used in the Hawaii coral reef ecosystem of the resources harvested under the (a) The U.S. EEZ around the Hawaiian management area to land or transship permit (i.e., stored live, fresh, frozen, Archipelago lying to the east of 160°50′ PHCRT, or any Hawaii coral reef preserved, sold for food, ornamental, W. long. ecosystem MUS harvested within low- research, or other use, and a description (b) The inner boundary of the use MPAs. of the planned fishing operation, management area is the seaward (3) Exceptions. The following persons including location of fishing and gear boundary of the State of Hawaii. are not required to have a permit under operation, amount and species (directed (c) The outer boundary of the this section: and incidental) expected to be harvested management area is the outer boundary (i) Any person issued a permit to fish and estimated habitat and protected of the U.S. EEZ. under any FEP who incidentally catches species impacts). Hawaii coral reef ecosystem MUS while § 665.223 Relation to other laws. (2) Incomplete applications. The fishing for bottomfish management unit Regional Administrator may request To ensure consistency between the species, crustacean management unit from an applicant additional management regimes of different species, western Pacific pelagic information necessary to make the Federal agencies with shared management unit species, precious determinations required under this management responsibilities of fishery coral, or seamount groundfish. section. An applicant will be notified of resources within the Hawaii coral reef (ii) Any person fishing for Hawaii an incomplete application within 10 ecosystem management area, fishing for CHCRT outside of an MPA, who does working days of receipt of the Hawaii coral reef ecosystem MUS is not not retain any incidentally caught application. An incomplete application allowed within the boundary of a Hawaii PHCRT; and will not be considered until corrected in National Wildlife Refuge unless (iii) Any person collecting marine writing. specifically authorized by the USFWS, organisms for scientific research as regardless of whether that refuge was described in § 665.17, or § 600.745 of (3) Issuance. established by action of the President or this chapter. (i) If an application contains all of the the Secretary of the Interior. (b) Validity. Each permit will be valid required information, the Regional for fishing only in the fishery Administrator will forward copies of the § 665.224 Permits and fees. management area specified on the application within 30 days to the (a) Applicability. Unless otherwise permit. Council, the U.S. Coast Guard, the specified in this subpart, § 665.13 (c) General requirements. General fishery management agency of the applies to Hawaii coral reef ecosystem requirements governing application affected State, and other interested permits. information, issuance, fees, expiration, parties who have identified themselves (1) Special permit. Any person of the replacement, transfer, alteration, to the Council, and the USFWS. United States fishing for, taking or display, sanctions, and appeals for (ii) Within 60 days following receipt retaining Hawaii coral reef ecosystem permits are contained in § 665.13. of a complete application, the Regional MUS must have a special permit if they, (d) Special permit. The Regional Administrator will consult with the or a vessel which they operate, is used Administrator shall issue a special Council through its Executive Director, to fish for any: permit in accordance with the criteria USFWS, and the Director of the affected (i) Hawaii coral reef ecosystem MUS and procedures specified in this section. State fishery management agency in low-use MPAs as defined in (1) Application. An applicant for a concerning the permit application and § 665.199; special or transshipment permit issued will receive their recommendations for

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60082 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

approval or disapproval of the (C) Issuance of the special permit application on file at NMFS and the application based on: would inequitably allocate fishing Council and any additional information, (A) Information provided by the privileges among domestic fishermen or the summary record kept of any hearing applicant; would have economic allocation as its and the hearing officer’s recommended (B) The current domestic annual sole purpose. decision, if any, and such other harvesting and processing capacity of (D) The method or amount of harvest considerations as deemed appropriate. the directed and incidental species for in the season and/or location stated on The Regional Administrator will notify which a special permit is being the permit is considered inappropriate all interested persons of the decision, requested; based on previous human or natural and the reasons therefore, in writing, (C) The current status of resources to impacts in the given area. normally within 30 days of the receipt be harvested in relation to the (E) NMFS has determined that the of sufficient information, unless overfishing definition in the FEP; maximum number of permits for a given additional time is needed for a hearing. (D) Estimated ecosystem, habitat, and area in a given season has been reached (iii) If a hearing is requested, or if the protected species impacts of the and allocating additional permits in the Regional Administrator determines that proposed activity; and same area would be detrimental to the one is appropriate, the Regional (E) Other biological and ecological resource. Administrator may grant an informal information relevant to the proposal. (F) The activity proposed under the hearing before a hearing officer The applicant will be provided with an special permit would create a significant designated for that purpose after first opportunity to appear in support of the enforcement problem. giving notice of the time, place, and application. (vi) The Regional Administrator may subject matter of the hearing in the (iii) Following a review of the attach conditions to the special permit, Federal Register. Such a hearing shall Council’s recommendation and if it is granted, consistent with the normally be held no later than 30 days supporting rationale, the Regional management objectives of the FEP, following publication of the notice in Administrator may: including, but not limited to: the Federal Register, unless the hearing (A) The maximum amount of each (A) Concur with the Council’s officer extends the time for reasons resource that can be harvested and recommendation and, after finding that deemed equitable. The appellant, the landed during the term of the special it is consistent with the goals and applicant (if different), and, at the permit, including trip limits, where objectives of the FEP, the national discretion of the hearing officer, other appropriate. interested parties, may appear standards, the Endangered Species Act, (B) The times and places where personally and/or be represented by and other applicable laws, approve or fishing may be conducted. deny a special permit; or (C) The type, size, and amount of gear counsel at the hearing and submit (B) Reject the Council’s which may be used by each vessel information and present arguments as recommendation, in which case, written operated under the special permit. determined appropriate by the hearing reasons will be provided by the (D) Data reporting requirements. officer. Within 30 days of the last day Regional Administrator to the Council (E) Such other conditions as may be of the hearing, the hearing officer shall for the rejection. necessary to ensure compliance with the recommend in writing a decision to the (iv) If the Regional Administrator does purposes of the special permit Regional Administrator. not receive a recommendation from the consistent with the objectives of the (iv) The Regional Administrator may Council within 60 days of Council FEP. adopt the hearing officer’s receipt of the permit application, the (4) Appeals of permit actions. recommended decision, in whole or in Regional Administrator can make a (i) Except as provided in subpart D of part, or may reject or modify it. In any determination of approval or denial 15 CFR part 904, any applicant for a event, the Regional Administrator will independently. permit or a permit holder may appeal notify interested persons of the (v) Within 30 working days after the the granting, denial, conditioning, or decision, and the reason(s) therefore, in consultation in paragraph (d)(3)(ii) of suspension of their permit or a permit writing, within 30 days of receipt of the this section, or as soon as practicable affecting their interests to the Regional hearing officer’s recommended decision. thereafter, NMFS will notify the Administrator. In order to be considered The Regional Administrator’s action applicant in writing of the decision to by the Regional Administrator, such constitutes final action for the agency grant or deny the special permit and, if appeal must be in writing, must state for the purposes of the Administrative denied, the reasons for the denial. the action(s) appealed, and the reasons Procedure Act. Grounds for denial of a special permit therefore, and must be submitted within (5) Any time limit prescribed in this include the following: 30 days of the original action(s) by the section may be extended for good cause, (A) The applicant has failed to Regional Administrator. The appellant for a period not to exceed 30 days, by disclose material information required, may request an informal hearing on the the Regional Administrator, either upon or has made false statements as to any appeal. his or her own motion or upon written material fact, in connection with his or (ii) Upon receipt of an appeal request from the Council, appellant or her application. authorized by this section, the Regional applicant stating the reason(s) therefore. (B) According to the best scientific Administrator will notify the permit information available, the directed or applicant, or permit holder as § 665.225 Prohibitions. incidental catch in the season or appropriate, and will request such In addition to the general prohibitions location specified under the permit additional information in such form as specified in § 600.725 of this chapter would detrimentally affect any coral will allow action upon the appeal. Upon and § 665.15 of this part, it is unlawful reef resource or coral reef ecosystem in receipt of sufficient information, the for any person to do any of the a significant way, including, but not Regional Administrator will rule on the following: limited to, issues related to spawning appeal in accordance with the permit (a) Fish for, take, retain, possess or grounds or seasons, protected species eligibility criteria set forth in this land any Hawaii coral reef ecosystem interactions, EFH, and habitat areas of section and the FEP, as appropriate, MUS in any low-use MPA as defined in particular concern (HAPC). based on information relative to the § 665.199 unless:

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60083

(1) A valid permit has been issued for § 665.227 Allowable gear and gear vessel or deployed in the water by any the hand harvester or the fishing vessel restrictions. vessel or person holding a permit under operator that specifies the applicable (a) Hawaii coral reef ecosystem MUS §§ 665.13 or 665.224 or that is otherwise area of harvest; may be taken only with the following established to be fishing for Hawaii allowable gear and methods: coral reef ecosystem MUS in the Hawaii (2) A permit is not required, as (1) Hand harvest; outlined in § 665.224; or management area. (2) Spear; (b) Enforcement action. (3) The Hawaii coral reef ecosystem (3) Slurp gun; MUS possessed on board the vessel (4) Hand net/dip net; (1) Traps not marked in compliance originated outside the management area (5) Hoop net for Kona crab; with paragraph (a) of this section and and this can be demonstrated through (6) Throw net; found deployed in the Hawaii coral reef (7) Barrier net; ecosystem management area will be receipts of purchase, invoices, fishing (8) Surround/purse net that is considered unclaimed or abandoned logbooks or other documentation. attended at all times; property, and may be disposed of in any (b) Fish for, take, or retain any Hawaii (9) Hook-and-line (includes handline manner considered appropriate by coral reef ecosystem MUS species: (powered or not), rod-and-reel, and NMFS or an authorized officer. (1) That is determined overfished trolling); (2) Unattended surround nets or bait (10) Crab and fish traps with vessel ID with subsequent rulemaking by the seine nets found deployed in the Hawaii number affixed; and Regional Administrator. coral reef ecosystem management area (11) Remote-operating vehicles/ (2) By means of gear or methods submersibles. will be considered unclaimed or prohibited under § 665.227. (b) Hawaii coral reef ecosystem MUS abandoned property, and may be may not be taken by means of poisons, disposed of in any manner considered (3) In a low-use MPA without a valid appropriate by NMFS or an authorized special permit. explosives, or intoxicating substances. Possession or use of these materials by officer. (4) In violation of any permit issued any permit holder under this subpart §§ 665.229–665.239 [Reserved] under §§ 665.13 or 665.224. who is established to be fishing for (c) Fish for, take, or retain any wild Hawaii coral reef ecosystem MUS in the § 665.240 Hawaii crustacean fisheries. live rock or live hard coral except under Hawaii management area is prohibited. [Reserved] (c) Existing FEP fisheries shall follow a valid special permit for scientific § 665.241 Definitions. research, aquaculture seed stock the allowable gear and methods collection or traditional and ceremonial outlined in their respective plans. As used in §§ 665.240 through purposes by indigenous people. (d) Any person who intends to fish 665.259: with new gear not included in this Hawaii crustacean management area § 665.226 Notifications. section must describe the new gear and is divided into the following areas: its method of deployment in the special (1) Crustacean Permit Area 1 (Permit Any special permit holder subject to permit application. A decision on the the requirements of this subpart must Area 1) means the EEZ around the permissibility of this gear type will be NWHI. contact the appropriate NMFS made by the Regional Administrator (2) Crustacean Permit Area 2 (Permit enforcement agent in American Samoa, after consultation with the Council and Area 2) means the EEZ around the MHI. Guam, or Hawaii at least 24 hours before the director of the affected State fishery landing any Hawaii coral reef ecosystem management agency. (3) Crustacean Permit Area 1 VMS MUS unit species harvested under a Subarea means an area within the EEZ special permit, and report the port and § 665.228 Gear identification. around the NWHI 50 nm from the center the approximate date and time at which (a) The vessel number must be affixed geographical positions of the islands the catch will be landed. to all fish and crab traps on board the and reefs in the NWHI as follows:

Name N. lat. W. long.

Nihoa Island ...... 23°05′ 161°55′ Necker Island ...... 23°35′ 164°40′ French Frigate Shoals ...... 23°45′ 166°15′ Gardner Pinnacles ...... 25°00′ 168°00′ Maro Reef ...... 25°25′ 170°35′ Laysan Island ...... 25°45′ 171°45′ Lisianski Island ...... 26°00′ 173°55′ Pearl and Hermes Reef ...... 27°50′ 175°50′ Midway Island ...... 28°14′ 177°22′ Kure Island ...... 28°25′ 178°20′

The remainder of the VMS subarea is Shoals to Gardner Pinnacles; from Hawaii crustacean management unit delimited by parallel lines tangent to Gardner Pinnacles to Maro Reef; from species (Hawaii crustacean MUS) means and connecting the 50-nm areas around Laysan Island to Lisianski Island; and the following crustaceans: the following: From Nihoa Island to from Lisianski Island to Pearl and Necker Island; from French Frigate Hermes Reef.

Local name English common name Scientific name

ula ...... spiny lobster ...... Panulirus marginatus, Panulirus penicillatus.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60084 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

Local name English common name Scientific name

ula papapa ...... slipper lobster ...... Scyllaridae. papa‘i kua loa ...... Kona crab ...... Ranina ranina. deepwater shrimp ...... Heterocarpus spp.

Interested parties means the State of information, issuance, fees, expiration, replacement vessel owned by that Hawaii Department of Land and Natural replacement, transfer, alteration, person. Resources, the Council, holders of display, sanctions, and appeals for (g) Issuance of limited access permits permits issued under § 665.242, and any permits issued under this section, as to future applicants. person who has notified the Regional applicable, are contained in § 665.13. (1) The Regional Administrator may Administrator of his or her interest in (c) Application. An application for a issue limited access permits under this the procedures and decisions described permit required under this section will section when fewer than 15 vessel in § 665.248, and who has specifically be submitted to PIRO as described in owners hold active permits. requested to be considered an § 665.13. If the application for a limited (2) When the Regional Administrator ‘‘interested party.’’ access permit is submitted on behalf of has determined that limited access Lobster grounds refers, singularly or a partnership or corporation, the permits may be issued to new persons, collectively, to the following four areas application must be accompanied by a a notice shall be placed in the Federal in Crustacean Permit Area 1 that shall supplementary information sheet Register, and other means will be used be used to manage the lobster fishery: obtained from PIRO and contain the to notify prospective applicants of the (1) Necker Island Lobster Grounds— names and mailing addresses of all opportunity to obtain permits under the waters bounded by straight lines partners or shareholders and their limited access management program. connecting the following coordinates in respective percentage of ownership in (3) A period of 90 days will be the order presented: 24°00′ N. lat., the partnership or corporation. provided after publication of the 165°00′ W. long.; 24°00′ N. lat., 164°00′ (d) Lobster Limited Access Permit Federal Register notice for submission W. long.; 23°00′ N. lat., 164°00′ W. long.; Requirements. of new applications for a limited access and 23°00′ N. lat., 165°00′ W. long. (1) A lobster limited access permit is permit. (2) Gardner Pinnacles Lobster valid for fishing only in Crustacean (4) Limited access permits issued Grounds—waters bounded by straight Permit Area 1. under this paragraph (g) will be issued lines connecting the following (2) Only one permit will be assigned first to applicants qualifying under coordinates in the order presented: to any vessel. paragraph (g)(4)(i) of this section. If the 25°20′ N. lat., 168°20′ W. long.; 25°20′ (3) No vessel owner will have permits number of limited access permits N. lat., 167°40′ W. long.; 24°20′ N. lat., for a single vessel to harvest lobsters in available is greater than the number of 167°40′ W. long.; and 24°20′ N. lat., Permit Areas 1 and 2 at the same time. applicants that qualify under paragraph 168°20′ W. long. (4) A maximum of 15 limited access (g)(4)(i) of this section, then limited (3) Maro Reef Lobster Grounds— permits can be valid at any time. access permits will be issued to waters bounded by straight lines (e) Transfer or sale of limited access applicants under paragraph (g)(4)(ii) of connecting the following coordinates in permits. this section. the order presented: 25°40′ N. lat., (1) Permits may be transferred or sold, (i) First priority to receive limited 171°00′ W. long.; 25°40′ N. lat., 170°20′ but no one individual, partnership, or access permits under this paragraph (g) W. long.; 25°00′ N. lat., 170°20′ W. long.; corporation will be allowed to hold a goes to owners of vessels that were used and 25°00′ N. lat., 171°00′ W. long. whole or partial interest in more than to land lobster from Permit Area 1 (4) General NWHI Lobster Grounds— one permit, except that an owner who during the period 1983 through 1990, all waters within Crustacean Permit qualifies initially for more than one and who were excluded from the fishery Area 1 except for the Necker Island, permit may maintain those permits, but by implementation of the limited access Gardner Pinnacles, and Maro Reef may not obtain additional permits. system. If there are insufficient permits Lobster Grounds. Layering of partnerships or corporations for all such applicants, the new permits shall not insulate a permit holder from shall be issued by the Regional § 665.242 Permits. this requirement. Administrator through a lottery. (a) Applicability. (2) If 50 percent or more of the (ii) Second priority to receive limited (1) The owner of any vessel used to ownership of a limited access permit is access permits under paragraph (g) goes fish for lobster in Permit Area 1 must passed to persons other than those listed to owners with the most points, based have a limited access permit issued for on the permit application, PIRO must be upon a point system. If two or more such vessel. notified of the change in writing and owners have the same number of points (2) The owner of any vessel used to provided copies of the appropriate and there are insufficient permits for all fish for lobster in Permit Area 2 must documents confirming the changes such owners, the Regional have a permit issued for such a vessel. within 30 days. Administrator shall issue the permits (3) The owner of any vessel used to (3) Upon the transfer or sale of a through a lottery. Under the point fish for deepwater shrimp in Crustacean limited access permit, a new application system, limited access permits will be Permit Areas 1 or 2 must have a permit must be submitted by the new permit issued, in descending order, beginning issued for that vessel. owner according to the requirements of with owners who have the most points (4) Harvest of Hawaii crustacean MUS § 665.13. The transferred permit is not and proceeding to owners who have the within the Northwestern Hawaiian valid until this process is completed. least points, based on the following: Islands Marine National Monument is (f) Replacement of a vessel covered by (A) Three points shall be assigned for subject to the requirements of 50 CFR a limited access permit. A limited each calendar year after August 8, 1985, part 404. access permit issued under this section that the applicant was the operator of a (b) General requirements. General may, without limitation as to frequency, vessel that was used to land lobster from requirements governing application be transferred by the permit holder to a Permit Area 1.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60085

(B) Two points shall be assigned for § 665.242 any lobster trap in Crustacean § 665.244 Notifications. each calendar year or partial year after Permit Area 1 when fishing for lobster (a) The operator of any vessel subject August 8, 1985, that the applicant was is prohibited as specified in §§ 665.248, to the requirements of this subpart must: the owner, operator, or crew member of 665.250(a), or 665.252, or except as (1) Report, not less than 24 hours, but a vessel engaged in either commercial allowed under § 665.245(a)(7). not more than 36 hours, before landing, fishing in Permit Area 2 for lobster, or (9) Possess on a fishing vessel that has the port, the approximate date and the fishing in Permit Area 1 for fish other a limited access permit issued under approximate time at which spiny and than lobster with an intention to sell all this subpart any lobster trap in slipper lobsters will be landed. or part of the catch. Crustacean Permit Area 1 VMS Subarea (2) Report, not less than 6 hours and (C) One point shall be assigned for when fishing for lobsters is prohibited not more than 12 hours before each calendar year or partial year after as specified in §§ 665.248, 665.250(a), or offloading, the location and time that August 8, 1985, that the applicant was 665.252, except as allowed under offloading of spiny and slipper lobsters the owner, operator, or crew member of § 665.245(a)(8). will begin. a vessel engaged in any other (10) Interfere with, tamper with, alter, (b) The Regional Administrator will commercial fishing in the EEZ damage, disable, or impede the notify permit holders of any change in surrounding Hawaii. operation of a VMS unit or to attempt the reporting method and schedule (5) A holder of a new limited access any of the same while engaged in the required in paragraph (a) of this section permit must own at least a 50 percent Permit Area 1 fishery; or to move or at least 30 days prior to the opening of share in the vessel that the permit remove a VMS unit while engaged in the fishing season. would cover. the Permit Area 1 fishery without first § 665.245 Gear restrictions. notifying the Regional Administrator. (a) Permit Area 1. § 665.243 Prohibitions. (11) Make a false statement, oral or In addition to the general prohibitions (1) Lobsters may be taken only with written, to the Regional Administrator lobster traps or by hand. Lobsters may specified in 50 CFR 600.725 and or an authorized officer, regarding the § 665.15, it is unlawful for any person not be taken by means of poisons, drugs, certification, use, operation, or other chemicals, spears, nets, hook, or to do any of the following: maintenance of a VMS unit used in the (a) In Permit Area 1, it is unlawful for explosives. fishery. (2) The smallest opening of an entry any person to— (12) Fail to allow an authorized officer way of any lobster trap may not allow (1) Fish for, take, or retain lobsters— to inspect and certify a VMS unit used (i) Without a limited access permit any sphere or cylinder greater than 6.5 in the fishery. inches (16.5 cm) in diameter to pass issued under § 665.242. (13) Possess, on a fishing vessel that (ii) By methods other than lobster from outside the trap to inside the trap. has a limited access permit issued under (3) Each lobster trap must have a traps or by hand for lobsters, as this subpart, any lobster trap in a lobster minimum of two escape vent panels that specified in § 665.245. grounds that is closed under meet the following requirements: (iii) From closed areas for lobsters, as § 665.252(b), unless the vessel has an (i) Panels must have at least four specified in § 665.251. operational VMS unit, certified by unobstructed circular holes no smaller (iv) During a closed season, as NMFS, on board. than 67 mm in diameter, with centers at specified in § 665.250. (b) In Permit Area 2, it is unlawful for least 82 mm apart. (v) After the closure date, as specified any person to— (ii) The lowest part of any opening in in § 665.252, and until the fishery opens (1) Fish for, take, or retain lobsters— an escape vent panel must not be more again in the following calendar year. (i) By methods other than lobster traps than 85 mm above the floor of the trap. (vi) In a lobster grounds after closure or by hand, as specified in § 665.245; or (iii) Panels must be placed opposite of that grounds as specified in (ii) During a closed season, as one another in each trap. § 665.252(b). specified in § 665.250(b). (4) A vessel fishing for or in (2) Fail to report before landing or (2) Retain or possess on a fishing possession of lobster in any permit area offloading as specified in § 665.244. vessel any lobster taken in Permit Area may not have on board the vessel any (3) Fail to comply with any protective 2 that is less than the minimum size trap that does not meet the requirements measures implemented under § 665.248. specified in § 665.249. of paragraphs (a)(1), (2), and (3) of this (4) Leave a trap unattended in the (3) Possess on a fishing vessel any section. Hawaii crustacean management area lobster or lobster part taken in Permit (5) A maximum of 1,200 traps per except as provided in § 665.245. Area 2 in a condition where the lobster vessel may be maintained on board or (5) Maintain on board the vessel or in is not whole and undamaged as in the water, provided that no more than the water more than 1,200 traps per specified in § 665.249. 1,100 assembled traps are maintained fishing vessel, of which no more than (4) Retain or possess on a fishing on board or in the water. If more than 1,100 can be assembled traps, as vessel, or remove the eggs from, any egg- 1,100 traps are maintained, the specified in § 665.245. bearing lobster, as specified in unassembled traps may be carried as (6) Land lobsters taken in Permit Area § 665.249. spares only, in order to replace 1 after the closure date, as specified in (5) Possess on a fishing vessel that has assembled traps that may be lost or § 665.252, until the fishery opens again a permit for Permit Area 2 issued under become unusable. the following year. this subpart any lobster trap in Permit (6) Traps shall not be left unattended (7) Refuse to make available to an Area 2 when fishing for lobster in the in any permit area, except in the event authorized officer and employee of MHI is prohibited during the months of of an emergency, in which case the NMFS designated by the Regional May, June, July, and August. vessel operator must notify the SAC of Administrator for inspection and (c) In Crustacean Permit Areas 1 and the emergency that necessitated leaving copying any records that must be made 2, it is unlawful for any person to fish the traps on the grounds, and the available in accordance with for, take, or retain deepwater shrimp location and number of the traps, within § 665.14(g)(2). without a permit issued under 24 hours after the vessel reaches port. (8) Possess on a fishing vessel that has § 665.242. (7) A vessel whose owner has a a limited access permit issued under limited access permit issued under this

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60086 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

subpart and has an operating VMS unit (i) Verify that the incident occurred. concludes that protective measures are certified by NMFS may enter Crustacean (ii) Determine the extent of the harm necessary and appropriate, the Regional Permit Area 1 with lobster traps on to the monk seal population. Administrator will recommend the board on or after June 25, but must (iii) Determine the probability of a protective measures to the Assistant remain outside the Crustacean Permit similar incident recurring. Administrator and provide notice of this Area 1 VMS Subarea until the NWHI (iv) Determine details of the incident recommendation to the Chairman of the lobster season opens on July 1. such as: Council and the Director of the Division (8) A vessel whose owner has a (A) The number of animals involved. of Aquatic Resources, Department of limited access permit issued under this (B) The cause of the mortality. Land and Natural Resources, State of subpart and has on board an operational (C) The age and sex of the dead Hawaii. VMS unit certified by NMFS may transit animal(s). (2) If the Assistant Administrator Crustacean Permit Area 1, including (D) The relationship of the incident to concurs with the Regional Crustacean Permit Area 1 VMS Subarea, the reproductive cycle, for example, Administrator’s recommendation, with lobster traps on board for the breeding season (March–September), NMFS will publish an action in the purpose of moving to another lobster non-breeding season (October– Federal Register that includes a grounds or returning to port following February). description of the incident that triggered (E) The population estimates or the closure date, as specified in the procedure described in this section, counts of animals at the island where § 665.252, providing the vessel does not the protective measures, and the reasons the incident occurred. stop or fish and is making steady for the protective measures. progress to another lobster grounds or (F) Any other relevant information. (h) Notification of ‘‘no action.’’ If, at back to port as determined by NMFS. (v) Discover and evaluate any any point in the process described in (9) The operator of a permitted vessel extenuating circumstances. must notify the Regional Administrator (vi) Evaluate any other relevant this section, the Regional Administrator or an authorized officer no later than factors. or Assistant Administrator decides that June 15 of each year if the vessel will (2) The Regional Administrator will no further action is required, the use a VMS unit in the fishery and allow make the results of the investigation interested parties will be notified of this for inspection and certification of the available to the interested parties and decision. unit. request their advice and comments. (i) Effective dates. (b) Permit Area 2. Lobsters may be (d) Determination of relationship. The (1) The protective measures will take taken only with lobster traps or by hand. Regional Administrator will review and effect 10 days after the date of Lobsters may not be taken by means of evaluate the results of the investigation publication in the Federal Register. poisons, drugs, other chemicals, spears, and any comments received from (2) The protective measures will nets, hooks, or explosives. interested parties. If there is substantial remain in effect for the shortest of the evidence that the death of the monk seal following time periods: § 665.246 Gear identification. was related to the lobster fishery, the (i) Until the Hawaii FEP and this In Permit Area 1, the vessel’s official Regional Administrator will: section are amended to respond to the number must be marked legibly on all (1) Advise the interested parties of his problem; traps and floats maintained on board the or her conclusion and the facts upon vessel or in the water by that vessel. (ii) Until other action that will which it is based. respond to the problem is taken under § 665.247 At-sea observer coverage. (2) Request from the interested parties the ESA; their advice on the necessity of All fishing vessels subject to (iii) Until the Assistant Administrator, protective measures and suggestions for §§ 665.240 though 665.252 and subpart following the procedures set forth in appropriate protective measures. A of this part must carry an observer paragraph (j) of this section, decides that (e) Determination of response. The when requested to do so by the Regional the protective measures are no longer Regional Administrator will consider all Administrator. required and repeals the measures; or relevant information discovered during (iv) For the period of time set forth in § 665.248 Monk seal protective measures. the investigation or submitted by the Federal Register notification, not to (a) General. This section establishes a interested parties in deciding on the appropriate response. Protective exceed 3 months. The measures may be procedure that will be followed if the renewed for 3 months after again Regional Administrator receives a report measures may include, but are not limited to, changes in trap design, following procedures in paragraphs (b) of a monk seal death that appears to be through (g) of this section. related to the lobster fishery in Permit changes in gear, closures of specific (j) Repeal. Area 1. areas, or closures for specific periods of (b) Notification. Upon receipt of a time. (1) If the Assistant Administrator report of a monk seal death that appears (f) Action by the Regional decides that protective measures may no to be related to the lobster fishery, the Administrator. If the Regional longer be necessary for the protection of Regional Administrator will notify all Administrator decides that protective monk seals, the Assistant Administrator interested parties of the facts known measures are necessary and appropriate, will notify the interested parties of this about the incident. The Regional the Regional Administrator will prepare preliminary decision and the facts upon Administrator will also notify them that a document that describes the incident, which it is based. The Assistant an investigation is in progress, and that, the protective measures proposed, and Administrator will request advice on the if the investigation reveals a threat of the reasons for the protective measures; proposed repeal of the protective harm to the monk seal population, provide it to the interested parties; and measures. protective measures may be request their comments. (2) The Assistant Administrator will implemented. (g) Implementation of protective consider all relevant information (c) Investigation. measures. obtained by the Regional Administrator (1) The Regional Administrator will (1) If, after completing the steps or submitted by interested parties in investigate the incident reported and described in paragraph (f) of this deciding whether to repeal the will attempt to: section, the Regional Administrator protective measures.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60087

(3) If the Assistant Administrator § 665.249 Lobster size and condition (4) Notice of the date when the decides to repeal the protective restrictions in Permit Area 2. harvest guideline for a lobster ground is measures— (a) Only spiny lobsters with a expected to be reached and specification (i) Interested parties will be notified carapace length of 8.26 cm or greater of the closure date of the lobster of the decision; and may be retained (see Figure 1 to this grounds will be provided to each permit (ii) Notification of repeal and the part). holder and/or operator of each (b) Any lobster with a punctured or reasons for the repeal will be published permitted vessel at least 24 hours in mutilated body, or a separated carapace in the Federal Register. advance of the closure. After a closure, and tail, may not be retained. the harvest of lobster in that lobster (k) Monk seal emergency protective (c) A female lobster of any size may measures. ground is prohibited, and the possession not be retained if it is carrying eggs of lobster traps on board the vessel in (1) Determination of emergency. If, at externally. Eggs may not be removed that lobster ground is prohibited unless any time during the process described from female lobsters. allowed under § 665.245(a)(8). in paragraphs (a) through (j) of this section, the Regional Administrator § 665.250 Closed seasons. (5) With respect to the notification in determines that an emergency exists (a) Lobster fishing is prohibited in paragraph (b)(4) of this section, NMFS involving monk seal mortality related to Permit Area 1 during the months of shall provide each permit holder and the lobster fishery and that measures are January through June, inclusive. operator of each permitted vessel with needed immediately to protect the monk (b) Lobster fishing is prohibited in the following information, as seal population, the Regional Permit Area 2 during the months of appropriate: Administrator will— May, June, July, and August. (i) Determination of when the overall harvest guideline for Crustacean Permit (i) Notify the interested parties of this § 665.251 Closed areas. determination and request their Area 1 will be reached; All lobster fishing is prohibited: (ii) Closure date after which harvest of immediate advice and comments. (a) Within 20 nm of Laysan Island. lobster or possession of lobster traps on (ii) Forward a recommendation for (b) Within the EEZ landward of the board the vessel in a lobster grounds is emergency action and any advice and 10-fathom curve as depicted on National prohibited; comments received from interested Ocean Survey Charts, Numbers 19022, parties to the Assistant Administrator. 19019, and 19016. (iii) Closure date after which the possession of lobster traps on board the (2) Implementation of emergency § 665.252 Harvest limitation program. vessel in Crustacean Permit Area 1 is measures. If the Assistant Administrator prohibited by any permitted vessel that agrees with the recommendation for (a) General. Harvest guidelines for the Necker Island Lobster Grounds, Gardner is not operating a VMS unit certified by emergency action— Pinnacles Lobster Grounds, Maro Reef NMFS; and (i) The Regional Administrator will Lobster Grounds, and General NWHI (iv) Specification of when further determine the appropriate emergency Lobster Grounds for Permit Area 1 will landings of lobster will be prohibited by protective measures. be set annually for the calendar year and permitted vessels not carrying an (ii) NMFS will publish the emergency shall: operational VMS unit, certified by protective measures in the Federal (1) Apply to the total catch of spiny NMFS, on board. Register. and slipper lobsters. (c) Monitoring and adjustment. The (iii) The Regional Administrator will (2) Be expressed in terms of numbers operator of each vessel fishing during notify the interested parties of the of lobsters. the open season shall report lobster emergency protective measures. Holders (b) Harvest guideline. (1) The Regional Administrator shall catch (by species) and effort (number of of permits to fish in Permit Area I will trap hauls) data while at sea to NMFS be notified by certified mail. Permit use information from daily lobster catch reports and lobster sales reports from in Honolulu. The Regional holders that the Regional Administrator Administrator shall notify permit knows are on the fishing grounds also previous years, and may use information from research sampling and holders of the reporting method, will be notified by radio. schedule, and logistics at least 30 days (3) Effective dates. other sources to establish the annual harvest guideline in accordance with prior to the opening of the fishing (i) Emergency protective measures are the FEP after consultation with the season. effective against a permit holder at 12:01 Council. §§ 665.253–665.259 [Reserved] a.m., local time, of the day following the (2) NMFS shall publish a document day the permit holder receives actual indicating the annual harvest guideline § 665.260 Hawaii precious coral fisheries. notice of the measures. in the Federal Register by February 28 [Reserved] (ii) Emergency protective measures of each year and shall use other means § 665.261 Definitions. are effective for 10 days from the day to notify permit holders of the harvest following the day the first permit holder guideline for the year. As used in §§ 665.260 through is notified of the protective measures. (3) The Regional Administrator shall 665.270: (iii) Emergency protective measures determine, on the basis of the Hawaii precious coral management may be extended for an additional 10 information reported to NMFS by the unit species (Hawaii precious coral days, if necessary, to allow the operator of each vessel fishing, when MUS) means any coral of the genus completion of the procedures set out in the harvest guideline for each lobster Corallium in addition to the following § 665.252. ground will be reached. species of corals:

English common name Scientific name

Pink coral (also known as red coral) ...... Corallium secundum, Corallium regale, Corallium laauense. Gold coral ...... Gerardia spp., Callogorgia gilberti, Narella spp., Calyptrophora spp. Bamboo coral ...... Lepidisis olapa, Acanella spp.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60088 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

English common name Scientific name

Black coral ...... Antipathes griggi, Antipathes grandis, Antipathes ulex.

Hawaii precious coral permit area surrendering to the Regional (a) Live pink coral harvested from any means the area encompassing the Administrator any current permit for the precious coral permit area must have precious coral beds within the EEZ precious coral fishery issued under attained a minimum height of 10 inches around Hawaii. Each bed is designated § 665.13. (25.4 cm). by a permit area code and assigned to (f) General requirements governing (b) Black coral. Live black coral one of the following four categories: application information, issuance, fees, harvested from any precious coral (1) Established beds. expiration, replacement, transfer, permit area must have attained either a (i) Makapu’u (Oahu), Permit Area E– alteration, display, sanctions, and minimum stem diameter of 1 inch (2.54 B–1, includes the area within a radius appeals for permits for the precious cm), or a minimum height of 48 inches of 2.0 nm of a point at 21°18.0′ N. lat., coral fishery are contained in § 665.13. (122 cm). 157°32.5′ W. long. (ii) Au’au Channel (Maui), Permit § 665.263 Prohibitions. § 665.266 Area restrictions. Area E–B–2, includes the area west and In addition to the general prohibitions Fishing for coral on the WestPac Bed south of a point at 21°10′ N. lat., 156°40′ specified in 50 CFR § 600.725 and in is not allowed. The specific area closed W. long., and east of a point at 21° N. § 665.15, it is unlawful for any person to fishing is all waters within a 2-nm lat., 157° W. long., and west and north to: radius of the midpoint of 23°18.0′ N. of a point at 20°45′ N. lat., 156°40′ W. (a) Use any vessel to fish for, take, lat., 162°35.0′ W. long. long. retain, possess or land precious coral in (2) Conditional beds. any Hawaii precious coral permit area, § 665.267 Seasons. (i) Keahole Point (Hawaii), Permit unless a permit has been issued for that The fishing year for precious coral Area C–B–1, includes the area within a vessel and area as specified in § 665.13 begins on July 1 and ends on June 30 the radius of 0.5 nm of a point at 19°46.0′ and that permit is on board the vessel. following year, except at the Makapu’u N. lat., 156°06.0′ W. long. (b) Fish for, take, or retain any species and Au’au Channel Beds, which have a (ii) Kaena Point (Oahu), Permit Area of Hawaii precious coral MUS in any two-year fishing period that begins July C–B–2, includes the area within a radius precious coral permit area: 1 and ends June 30, two years later. of 0.5 nm of a point at 21°35.4′ N. lat., (1) By means of gear or methods § 665.268 Closures. 158°22.9′ W. long. prohibited by § 665.264. (iii) Brooks Bank, Permit Area C–B–3, (2) In refugia specified in § 665.261. (a) If the Regional Administrator includes the area within a radius of 2.0 (3) In a bed for which the quota determines that the harvest quota for nm of a point at 24°06.0′ N. lat., specified in § 665.269 has been attained. any coral bed will be reached prior to 166°48.0′ W. long. (4) In violation of any permit issued the end of the fishing year, or the end (iv) 180 Fathom Bank, Permit Area C– under §§ 665.13 or 665.17. of the 2-year fishing period at Makapu’u B–4, N.W. of Kure Atoll, includes the (5) In a bed that has been closed Bed or Au’au Channel Bed, NMFS shall area within a radius of 2.0 nm of a point pursuant to §§ 665.268 or 665.270. publish a notice to that effect in the at 28°50.2′ N. lat., 178°53.4′ W. long. (c) Take and retain, possess, or land Federal Register and shall use other (3) Refugia. Westpac Bed, Permit Area any live pink coral or live black coral means to notify permit holders. Any R–1, includes the area within a radius from any precious coral permit area that such notice must indicate the reason for of 2.0 nm of a point at 23°18′ N. lat., is less than the minimum height the closure, the bed being closed, and 162°35′ W. long. specified in § 665.265 unless: the effective date of the closure. (4) Exploratory areas. Permit Area X– (1) A valid EFP was issued under (b) A closure is also effective for a P–H includes all coral beds, other than § 665.17 for the vessel and the vessel permit holder upon the permit holder’s established beds, conditional beds, or was operating under the terms of the actual harvest of the applicable quota. refugia, in the EEZ seaward of the State permit; or § 665.269 Quotas. of Hawaii. (2) The coral originated outside coral beds listed in this paragraph, and this (a) General. The quotas limiting the § 665.262 Permits. can be demonstrated through receipts of amount of precious coral that may be (a) Any vessel of the United States purchase, invoices, or other taken in any precious coral permit area fishing for, taking, or retaining Hawaii documentation. during the fishing year are listed in precious coral MUS in any Hawaiian § 665.269(d). Only live coral is counted Archipelago precious coral permit area § 665.264 Gear restrictions. toward the quota. The accounting must have a permit issued under Only selective gear may be used to period for all quotas begins July 1, 1983. § 665.13. harvest coral from any precious coral (b) Conditional bed closure. A (b) Each permit will be valid for permit area. conditional bed will be closed to all fishing only in the permit area specified nonselective coral harvesting after the on the permit. Precious Coral Permit § 665.265 Size restrictions. quota for one species of coral has been Areas are defined in § 665.261. The height of a live coral specimen taken. (c) No more than one permit will be shall be determined by a straight line (c) Reserves and reserve release. The valid for any one vessel at any one time. measurement taken from its base to its quotas for exploratory area X–P–H will (d) No more than one permit will be most distal extremity. The stem be held in reserve for harvest by vessels valid for any one person at any one diameter of a living coral specimen shall of the United States in the following time. be determined by measuring the greatest manner: (e) The holder of a valid permit to fish diameter of the stem at a point no less (1) At the start of the fishing year, the one permit area may obtain a permit to than 1 inch (2.54 cm) from the top reserve for the Hawaii exploratory areas fish another permit area only upon surface of the living holdfast. will equal the quota minus the

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60089

estimated domestic annual harvest for December 31 of the year that just ended (4) NMFS will publish in the Federal that year. on December 31. Register a notification of the Regional (2) As soon as practicable after (3) NMFS will release to TALFF an Administrator’s determination and a December 31 each year, the Regional amount of Hawaii precious coral for summary of the information on which it Administrator will determine the each exploratory area equal to the quota is based as soon as practicable after the minus two times the amount harvested determination is made. amount harvested by vessels of the by vessels of the United States in that (d) Quotas for precious coral permit United States between July 1 and July 1–December 31 period. areas.

Number of Type of coral bed Name of coral bed Harvest quota in kilograms years

Established beds ...... Au’au Channel ...... Black: 5,000 ...... 2 Makapu’u ...... Pink: 2,000 ...... 2 Gold: 0 (zero) ...... Bamboo: 500 ...... 2 Conditional Beds ...... 180 Fathom Bank ...... Pink: 222 ...... 1 Gold: 67 ...... 1 Bamboo: 56 ...... 1 Brooks Bank ...... Pink: 444 ...... 1 Gold: 133 ...... 1 Bamboo: 111 ...... 1 Kaena Point ...... Pink: 67 ...... 1 Gold: 20 ...... 1 Bamboo: 17 ...... 1 Keahole Point ...... Pink: 67 ...... 1 Gold: 20 ...... 1 Bamboo: 17 ...... 1 Refugia ...... Westpac ...... All: 0 (zero) ...... Exploratory Area ...... Hawaii ...... 1,000 per area (all species combined except black corals) .... 1 Notes: 1. No fishing for coral is authorized in refugia. 2. A moratorium on gold coral harvesting is in effect through June 30, 2013.

§ 665.270 Gold coral harvest moratorium. which the territorial sea is measured, or CNMI commercial bottomfish permit Fishing for, taking, or retaining any is coterminous with adjacent means the permit required by gold coral in any precious coral permit international maritime boundaries. § 665.404(a)(2) to engage in commercial area is prohibited through June 30, § 665.399 Area restrictions. fishing for Mariana bottomfish MUS in 2013. the CNMI management subarea. Anchoring by all fishing vessels over Guam bottomfish permit means the Subpart D—Mariana Archipelago 50 ft (15.25 m) LOA is prohibited in the Fisheries U.S. EEZ seaward of Guam west of permit required by § 665.404(a)(1) to use 144°30′ E. long. except in the event of a large vessel to fish for, land, or § 665.398 Management area. an emergency caused by ocean transship Mariana bottomfish MUS The Mariana fishery management area conditions or by a vessel malfunction shoreward of the outer boundary of the is the EEZ seaward of Guam and CNMI that can be documented. Guam subarea of the Mariana fishery management area. with the inner boundary a line § 665.400 Mariana bottomfish fisheries. coterminous with the seaward [Reserved] Mariana bottomfish management unit boundaries of Guam and CNMI and the species (Mariana bottomfish MUS) outer boundary a line drawn in such a § 665.401 Definitions. means the following fish: manner that each point on it is 200 As used in §§ 665.400 through nautical miles from the baseline from 665.419:

Local name Chamorro/Carolinian English common name Scientific name

lehi/maroobw ...... red snapper, silvermouth ...... Aphareus rutilans. gogunafon/aiwe ...... gray snapper, jobfish ...... Aprion virescens. tarakitu/etam ...... Giant trevally, jack ...... Caranx ignobilis. tarakiton attelong/orong ...... Black trevally, jack ...... Caranx lugubris. gadao/meteyil ...... blacktip grouper ...... Epinephelus fasciatus. bueli/bwele ...... lunartail grouper ...... Variola louti. buninas agaga’/falaghal moroobw ...... red snapper ...... Etelis carbunculus. abuninas/taighulupegh ...... red snapper ...... Etelis coruscans. mafuti/atigh ...... redgill emperor ...... Lethrinus rubrioperculatus. mafuti/loot ...... Ambon emperor ...... Lethrinus amboinensis. funai/saas ...... blueline snapper ...... Lutjanus kasmira. buninas/falaghal-maroobw ...... yellowtail snapper ...... Pristipomoides auricilla. buninas or pakapaka/falaghal-maroobw ...... pink snapper ...... Pristipomoides filamentosus. buninas/falaghal-maroobw ...... yelloweye snapper ...... Pristipomoides flavipinnis. pink snapper ...... Pristipomoides seiboldii. buninas rayao amariyu/falaghal-maroobw ...... snapper ...... Pristipomoides zonatus.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60090 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

Local name Chamorro/Carolinian English common name Scientific name

tarakiton tadong/meseyugh ...... amberjack ...... Seriola dumerili.

§ 665.402 Management subareas. Point N. lat. E. long. and the permit must be registered for The Mariana fishery management area use with that vessel. is divided into bottomfish management GU–1–H ...... 13°12′ 145°43′. (b) Submission. An application for a subareas with the following GU–1–I ...... 13°29′44″ 145°48′27″. permit required under this section must ° ′ ° ′ designations and boundaries: GU–1–A ...... 14 16 144 17 . be submitted to PIRO as described in (a) Guam Management Subarea § 665.13. means the EEZ seaward of the Territory (b) CNMI medium and large vessel of Guam, with the inner boundary bottomfish prohibited areas. A medium § 665.405 Prohibitions. defined as a line coterminous with the or large vessel of the United States, as In addition to the general prohibitions seaward boundary of the Territory of defined in § 665.12, may not be used to specified in § 600.725 of this chapter Guam. fish commercially for Mariana and § 665.15, it is unlawful for any (b) CNMI Management Subarea means bottomfish MUS in the following areas: person to do any of the following: the EEZ seaward of the CNMI. The (1) CNMI Southern Islands (Area NM– (a) Fish for Mariana bottomfish MUS CNMI Management Subarea is further 1). The CNMI Southern Islands using gear prohibited under § 665.406. divided into subareas with the following prohibited area is defined as the waters (b) Use a large vessel that does not designations and boundaries: of the U.S. EEZ surrounding CNMI that have a valid Guam bottomfish permit (1) CNMI Inshore Area means that are enclosed by straight lines connecting registered for use with that vessel to fish portion of the EEZ within 3 nautical the following coordinates in the order for, land, or transship Mariana miles from the shoreline of the CNMI. listed: bottomfish management unit species (2) CNMI Offshore Area means that shoreward of the outer boundary of the portion of the EEZ seaward of 3 nautical Point N. lat. E. long. Guam management subarea of the miles from the shoreline of the CNMI. bottomfish fishery management area in (c) The outer boundary of each fishery NM–1–A ...... 14°9′ 144°15′ violation of § 665.404(a). management area is a line drawn in NM–1–B ...... 16°10′47″ 145°12′ (c) Use a large vessel to fish for ° ′ ″ ° ′ such a manner that each point on it is NM–1–C ...... 16 10 47 146 53 Mariana bottomfish MUS within the NM–1–D ...... 14°48′ 146°33′ Guam large vessel bottomfish prohibited 200 nautical miles from the baseline ° ′ ° ′ NM–1–E ...... 13 27 145 43 area, as defined in § 665.403(a). from which the territorial sea is NM–1–A ...... 14°9′ 144°15′ measured, or is coterminous with (d) Land or transship, shoreward of adjacent international maritime the outer boundary of the Guam (2) CNMI Alamagan Island (Area NM– boundaries, except that the outer management subarea of the bottomfish 2). The CNMI Alamagan Island boundary of the CNMI Inshore Area is fishery management area, Mariana prohibited area is defined as the waters 3 nautical miles from the shoreline. The bottomfish MUS that were harvested in of the U.S. EEZ surrounding CNMI that boundary between the fishery violation of § 665.405(c). are enclosed by straight lines connecting management areas of Guam and CNMI (e) Use a vessel to fish commercially the following coordinates in the order extends to those points which are for Mariana bottomfish MUS shoreward listed: equidistant between Guam and the of the outer boundary of the CNMI management subarea without a valid island of Rota in the CNMI. CNMI and Point N. lat. E. long. Guam management subareas are divided CNMI commercial bottomfish permit by a line intersecting these two points: NM–2–A ...... 17°26′ 145°40′ registered for use with that vessel, in 148° E. long., 12° N. lat., and 142° E. NM–2–B ...... 17°46′ 145°40′ violation of § 665.404(a)(2). long., 16° N. lat. NM–2–C ...... 17°46′ 146°00′ (f) Use a medium or large vessel, as NM–2–D ...... 17°26′ 146°00′ defined in § 665.12, to fish for Mariana § 665.403 Bottomfish fishery area NM–2–A ...... 17°26′ 145°40′ bottomfish MUS within the CNMI management. medium and large vessel bottomfish (a) Guam large vessel bottomfish § 665.404 Permits. prohibited areas, as defined in prohibited area (Area GU–1). A large § 665.403(b). vessel of the United States, as defined (a) Applicability. (g) Retain, land, possess, sell, or offer in § 665.12, may not be used to fish for (1) Guam large vessel. The owner of for sale, shoreward of the outer Mariana bottomfish MUS in the Guam any large vessel used to fish for, land, boundary of the CNMI management large vessel bottomfish prohibited area, or transship Mariana bottomfish MUS subarea, Mariana bottomfish MUS that defined as the U.S. EEZ waters shoreward of the outer boundary of the were harvested in violation of surrounding Guam that are enclosed by Guam subarea must have a permit § 665.405(f), except that Mariana straight lines connecting the following issued under this section, and the bottomfish MUS that are harvested coordinates in the order listed: permit must be registered for use with legally may be transferred to a receiving that vessel. vessel shoreward of the outer boundary Point N. lat. E. long. (2) Commonwealth of the Northern of the CNMI medium and large vessel Mariana Islands (CNMI) commercial. bottomfish prohibited area as defined in GU–1–A ...... 14°16′ 144°17′. The owner of any vessel used to ° ′ ° ′ § 665.403(b). GU–1–B ...... 13 50 143 52 . commercially fish for, transship, GU–1–C ...... 13°17′ 143°46′. (h) Falsify or fail to make, keep, GU–1–D ...... 12°50′ 143°54′. receive, or land Mariana bottomfish maintain, or submit a Federal logbook as GU–1–E ...... 12°30′ 144°14′. MUS shoreward of the outer boundary required under § 665.14(b) when using a GU–1–F ...... 12°25′ 144°51′. of the CNMI management subarea must vessel to engage in commercial fishing GU–1–G ...... 12°57′ 145°33′. have a permit issued under this section, for Mariana bottomfish MUS shoreward

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60091

of the outer boundary of the CNMI explosives, or intoxicating substances Mariana coral reef ecosystem management subarea in violation of for the purpose of harvesting bottomfish management unit species (Mariana § 665.14(b). is prohibited. coral reef ecosystem MUS) means all of § 665.406 Gear restrictions. § 665.407 At-sea observer coverage. the Currently Harvested Coral Reef Taxa and Potentially Harvested Coral Reef (a) Bottom trawls and bottom set All fishing vessels subject to Taxa listed in this section and which gillnets. Fishing for bottomfish with §§ 665.400 through 665.407 must carry bottom trawls and bottom set gillnets is an observer when directed to do so by spend the majority of their non-pelagic prohibited. the Regional Administrator. (post-settlement) life stages within (b) Possession of gear. Possession of a waters less than or equal to 50 fathoms bottom trawl and bottom set gillnet by §§ 665.408–665.419 [Reserved] in total depth. any vessel having a permit under § 665.420 Mariana coral reef ecosystem Mariana Currently Harvested Coral § 665.404 or otherwise established to be fisheries. [Reserved] Reef Taxa: fishing for bottomfish in the management subareas is prohibited. § 665.421 Definitions. (c) Poisons and explosives. The As used in §§ 665.420 through possession or use of any poisons, 665.439:

Family name Local name (Chamorro/Carolinian) English common name Scientific name

Acanthuridae (Surgeonfishes) ...... orange-spot surgeonfish ...... Acanthurus olivaceus. hugupao dangulo/mowagh ...... yellowfin surgeonfish ...... Acanthurus xanthopterus. kichu/limell ...... convict tang ...... Acanthurus triostegus. eye-striped surgeonfish ...... Acanthurus dussumieri. blue-lined surgeon ...... Acanthurus nigroris. whitebar surgeonfish ...... Acanthurus leucopareius. whitebar surgeonfish ...... Acanthurus leucopareius. hiyok/filaang ...... blue-banded surgeonfish ...... Acanthurus lineatus. blackstreak surgeonfish ...... Acanthurus nigricauda. whitecheek surgeonfish ...... Acanthurus nigricans. white-spotted surgeonfish ...... Acanthurus guttatus. ringtail surgeonfish ...... Acanthurus blochii. brown surgeonfish ...... Acanthurus nigrofuscus. mimic surgeonfish ...... Acanthurus pyroferus. Yellow tang ...... Zebrasoma flavescens. striped bristletooth ...... Ctenochaetus striatus. twospot bristletooth ...... Ctenochaetus binotatus. tataga/igh-falafal ...... bluespine unicornfish ...... Naso unicornus. hangon/bwulaalay ...... orangespine unicornfish ...... Naso lituratus. humpnose unicornfish ...... Naso tuberosus. black tongue unicornfish ...... Naso hexacanthus. bignose unicornfish ...... Naso vlamingii. whitemargin unicornfish ...... Naso annulatus. spotted unicornfish ...... Naso brevirostris. humpback unicornfish ...... Naso brachycentron. gray unicornfish ...... Naso caesius. Balistidae (Triggerfishes) ...... titan triggerfish ...... Balistoides viridescens. clown triggerfish ...... Balistoides conspicillum. orange striped triggerfish ...... Balistapus undulatus. pinktail triggerfish ...... Melichthys vidua. black triggerfish ...... Melichthys niger. blue triggerfish ...... Pseudobalistes fuscus. Picassofish ...... Rhinecanthus aculeatus. wedged Picassofish ...... Balistoides rectangulus. bridled triggerfish ...... Sufflamen fraenatus. Carangidae (Jacks) ...... atulai/peti ...... Bigeye scad ...... Selar crumenophthalmus. mackerel scad ...... Decapterus macarellus. Carcharhinidae (Sharks) ...... grey reef shark ...... Carcharhinus amblyrhynchos. silvertip shark ...... Carcharhinus albimarginatus. Galapagos shark ...... Carcharhinus galapagensis. blacktip reef shark ...... Carcharhinus melanopterus. whitetip reef shark ...... Triaenodon obesus. Holocentridae (Solderfish/Squirrel- saksak/mweel ...... bigscale soldierfish ...... Myripristis berndti. fish). sagamelon ...... bronze soldierfish ...... Myripristis adusta. sagamelon ...... blotcheye soldierfish ...... Myripristis murdjan. sagamelon ...... brick soldierfish ...... Myripristis amaena. sagamelon ...... scarlet soldierfish ...... Myripristis pralinia. sagamelon ...... violet soldierfish ...... Myripristis violacea. sagamelon ...... whitetip soldierfish ...... Myripristis vittata. sagamelon ...... yellowfin soldierfish ...... Myripristis chryseres. sagamelon ...... pearly soldierfish ...... Myripristis kuntee. sagamelon ...... tailspot squirrelfish ...... Sargocentron caudimaculatum. file-lined squirrelfish ...... Sargocentron microstoma. chalak ...... crown squirrelfish ...... Sargocentron diadema.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60092 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

Family name Local name (Chamorro/Carolinian) English common name Scientific name

sagsag/leet ...... blue-lined squirrelfish ...... Sargocentron tiere. sisiok ...... saber or long jaw squirrelfish ...... Sargocentron spiniferum. sagsag/leet ...... spotfin squirrelfish ...... Neoniphon spp. Kuhliidae (Flagtails) ...... barred flag-tail ...... Kuhlia mugil. Kyphosidae (Rudderfish) ...... guili ...... rudderfish ...... Kyphosus biggibus. guili/schpwul ...... rudderfish ...... Kyphosus cinerascens. guilen puengi/reel ...... rudderfish ...... Kyphosus vaigienses. Labridae (Wrasses) ...... tangison/maam ...... floral wrasse ...... Cheilinus chlorourus. tangison/maam ...... napoleon wrasse ...... Cheilinus undulatus. lalacha mamate/ porou ...... triple-tail wrasse ...... Cheilinus trilobatus. harlequin tuskfish, red-breasted Cheilinus fasciatus. wrasse. ring-tailed wrasse ...... Oxycheilinus unifasciatus. razor wrasse ...... Xyrichtys pavo. whitepatch wrasse ...... Xyrichtys aneitensis. cigar wrasse ...... Cheilio inermis. blackeye thicklip ...... Hemigymnus melapterus. barred thicklip ...... Hemigymnus fasciatus. three-spot wrasse ...... Halichoeres trimaculatus. checkerboard wrasse ...... Halichoeres hortulanus. weedy surge wrasse ...... Halichoeres margaritacous. three-spot wrasse ...... Halichoeres trimaculatus. surge wrasse ...... Thalassoma purpureum. red ribbon wrasse ...... Thalassoma quinquevittatum. sunset wrasse ...... Thalassoma lutescens. longface wrasse ...... Hologynmosus doliatus. rockmover wrasse ...... Novaculichthys taeniourus. Mullidae (Goatfishes) ...... yellow goatfish ...... Mulloidichthys spp. satmoneti/wichigh ...... yellowfin goatfish ...... Mulloidichthys vanicolensis. satmoneti (adult) ti´ao (juvenile) .... yellowstripe goatfish ...... Mulloidichthys flaviolineatus. banded goatfish ...... Parupeneus spp. satmonetiyo/failighi ...... dash-dot goatfish ...... Parupeneus barberinus. satmoneti acho/ sungoongo ...... doublebar goatfish ...... Parupeneus bifasciatus. redspot goatfish ...... Parupeneus heptacanthus. satmoneti (adult) ti´ao (juvenile) .... white-lined goatfish ...... Parupeneus ciliatus. satmoneti (adult) ti´ao (juvenile) .... yellowsaddle goatfish ...... Parupeneus cyclostomas. satmoneti (adult) ti´ao (juvenile) .... side-spot goatfish ...... Parupeneus pleurostigma. satmoneti (adult) ti´ao (juvenile) .... multi-barred goatfish ...... Parupeneus multifaciatus. band tail goatfish ...... Upeneus arge. Mugilidae (Mullets) ...... laiguan (adult) agues (juvenile) ..... striped mullet ...... Mugil cephalus. laiguan (adult) agues (juvenile) ..... Engel’s mullet ...... Moolgarda engeli. laiguan (adult) agues (juvenile) ..... fringelip mullet ...... Crenimugil crenilabis. Muraenidae (Moray eels) ...... yellowmargin moray eel ...... Gymnothorax flavimarginatus. giant moray eel ...... Gymnothorax javanicus. undulated moray eel ...... Gymnothorax undulatus. Octopodidae (Octopus) ...... gamsun ...... octopus ...... Octopus cyanea. gamsun ...... octopus ...... Octopus ornatus. Polynemidae ...... threadfin ...... Polydactylus sexfilis. Pricanthidae (Bigeye) ...... glasseye ...... Heteropriacanthus cruentatus. Bigeye ...... Priacanthus hamrur. Scaridae (Parrotfishes) ...... atuhong/roow ...... humphead parrotfish ...... Bolbometopon muricatum. palakse (sm.) laggua (lg.) ...... parrotfish ...... Scarus spp. gualafi/oscha ...... Pacific longnose parrotfish ...... Hipposcarus longiceps. palaksin chaguan ...... stareye parrotfish ...... Calotomus carolinus. Scombridae ...... white tuna/ayul ...... dogtooth tuna ...... Gymnosarda unicolor. Siganidae (Rabbitfish) ...... hiting/manahok/llegh ...... forktail rabbitfish ...... Siganus aregentus. hiting ...... golden rabbitfish ...... Siganus guttatus. hiting galagu ...... gold-spot rabbitfish ...... Siganus punctatissimus. Randall’s rabbitfish ...... Siganus randalli. hiting/sesyon/palawa ...... scribbled rabbitfish ...... Siganus spinus. hiting ...... vermiculate rabbitfish ...... Siganus vermiculatus. Sphyraenidae (Barracuda) ...... Heller’s barracuda ...... Sphyraena helleri. great barracuda ...... Sphyraena barracuda. Turbinidae (turban/green snails) .... aliling pulan/aliling tulompu ...... green snails ...... Turbo spp. turban shells ......

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60093

Mariana Potentially Harvested Coral Reef Taxa:

English common name Scientific name

Wrasses (Those species not listed as Currently Harvested Coral Reef Taxa or CHCRT) ...... Labridae. Sharks ...... Carcharhinidae, Sphyrnidae. Rays and skates ...... Dasyatididae, Myliobatidae. Groupers (Those species not listed as CHCRT or Bottomfish Management Unit Species or BMUS) ...... Serrandiae. Jacks and Scads (Those species not listed as CHCRT or BMUS) ...... Carangidae. Solderfishes and Squirrelfishes (Those species not listed as CHCRT) ...... Holocentridae. Goatfishes (Those species not listed as CHCRT) ...... Mullidae. Surgeonfishes (Those species not listed as CHCRT) ...... Acanthuridae. Batfishes ...... Ephippidae. Monos ...... Monodactylidae. Sweetlips ...... Haemulidae. Remoras ...... Echeneidae. Tilefishes ...... Malacanthidae. Emperors (Those species not listed as CHCRT) ...... Lethrinidae. Dottybacks ...... Pseudochromidae. Prettyfins ...... Plesiopidae. Eels (Those species not listed as CHCRT) ...... Muraenidae, Chlopsidae, Congri- dae, Ophichthidae. Cardinalfishes ...... Apogonidae. Moorish Idols ...... Zanclidae. Trumpetfish ...... Aulostomus chinensis. Cornetfish ...... Fistularia commersoni. Butterfly fishes ...... Chaetodontidae. Angelfishes ...... Pomacanthidae. Damselfishes ...... Pomacentridae. Scorpionfishes ...... Scorpaenidae. Coral crouchers ...... Caracanthidae. Flashlightfishes ...... Anomalopidae. Herrings ...... Clupeidae. Anchovies ...... Engraulidae. Gobies ...... Gobiidae. Blennies ...... Blenniidae. Barracudas (Those species not listed as CHCRT) ...... Sphyraenidae. Snappers (Those species not listed as CHCRT or BMUS) ...... Lutjanidae. Trigger fishes (Those species not listed as CHCRT) ...... Balistidae. Rabbitfishes (Those species not listed as CHCRT) ...... Siganidae. Sandperches ...... Pinguipedidae. Dog tooth tuna ...... Gymnosarda unicolor. Rudderfishes (Those species not listed as CHCRT) ...... Kyphosidae. Flounders, Soles ...... Bothidae Soleidae. Trunkfishes ...... Ostraciidae. Fusiliers ...... Caesionidae. Hawkfishes ...... Cirrhitidae. Frogfishes ...... Antennariidae. Pipefishes, Seahorses ...... Syngnathidae. Puffer fishes, Porcupine fishes ...... Tetradontidae. Blue corals ...... Heliopora. Organpipe corals ...... Tubipora. Ahermatypic corals ...... Azooxanthellates. Sea cucumbers, Sea urchins (Those species not listed as CHCRT) ...... Echinoderms. Mollusca. Sea snails ...... Gastropoda. Turban shells ...... Trochus spp. Sea slugs ...... Opistobranchs. Black lipped pearl oyster ...... Pinctada margaritifera. Giant clam ...... Tridacnidae. Other Clams ...... Other Bivalves. Mushroom corals ...... Fungiidae. Small and large coral polyps. Fire corals ...... Millepora. Soft corals, Gorgonians. Anemones ...... Actinaria. Soft zoanthid corals ...... Zoanthinaria. Hydrozoans, Bryzoans. Sea squirts ...... Tunicates. Sponges ...... Porifera. Cephalopods. Lobsters, Shrimps/Mantis shrimps, true crabs and hermit crabs (Those species not listed as CMUS) ...... Crustacea. Lace corals ...... Stylasteridae. Hydroid corals ...... Solanderidae. Seaweed ...... Algae.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60094 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

English common name Scientific name

Segmented worms ...... Annelids. Live rock.

All other Mariana coral reef gear not specifically allowed in this and incidental) expected to be harvested ecosystem MUS that are marine plants, subpart. and estimated habitat and protected invertebrates, and fishes that are not (2) Transshipment permit. A receiving species impacts). listed in the Mariana CHCRT table or are vessel must be registered for use with a (2) Incomplete applications. The not Mariana bottomfish, crustacean, transshipment permit if that vessel is Regional Administrator may request precious coral or western Pacific pelagic used in the Mariana coral reef from an applicant additional MUS. ecosystem management area to land or information necessary to make the transship Mariana PHCRT, or any determinations required under this § 665.422 Management area. Mariana coral reef ecosystem MUS section. An applicant will be notified of The Mariana coral reef management harvested within low-use MPAs. an incomplete application within 10 area consists of the U.S. EEZ around (3) Exceptions. The following persons working days of receipt of the Guam and the offshore area of the CNMI are not required to have a permit under application. An incomplete application or that portion of the U.S. EEZ around this section: will not be considered until corrected CNMI between three nautical miles (i) Any person issued a permit to fish and completed in writing. offshore and the outer boundary of the under any FEP who incidentally catches (3) Issuance. U.S. EEZ. The inner boundary of the Mariana coral reef ecosystem MUS (i) If an application contains all of the management area is the seaward while fishing for bottomfish required information, the Regional boundaries of the Territory of Guam, management unit species, crustacean Administrator will forward copies of the and a line three nautical miles seaward management unit species, western application within 30 days to the from the shoreline of CNMI. The outer Pacific pelagic management unit Council, the U.S. Coast Guard, the boundary of the management area is the species, precious coral, or seamount fishery management agency of the outer boundary of the U.S. EEZ or groundfish. affected State, and other interested adjacent international maritime (ii) Any person fishing for Mariana parties who have identified themselves boundaries. The CNMI and Guam CHCRT outside of an MPA, who does to the Council, and the USFWS. management area is divided by a line not retain any incidentally caught (ii) Within 60 days following receipt intersecting these two points: 148° E. Mariana PHCRT. of a complete application, the Regional long., 12° N. lat., and 142° E. long., 16° (iii) Any person collecting marine Administrator will consult with the N. lat. organisms for scientific research as Council through its Executive Director, described in § 665.17, or § 600.745 of USFWS, and the Director of the affected § 665.423 Relation to other laws. this chapter. State fishery management agency To ensure consistency between the (b) Validity. Each permit will be valid concerning the permit application, and management regimes of different for fishing only in the fishery will receive their recommendations for Federal agencies with shared management area specified on the approval or disapproval of the management responsibilities of fishery permit. application based on: resources within the Mariana coral reef (c) General requirements. General (A) Information provided by the ecosystem management area, fishing for requirements governing application applicant; Mariana coral reef ecosystem MUS is information, issuance, fees, expiration, (B) The current domestic annual not allowed within the boundary of a replacement, transfer, alteration, harvesting and processing capacity of National Wildlife Refuge unless display, sanctions, and appeals for the directed and incidental species for specifically authorized by the USFWS, permits are contained in § 665.13. which a special permit is being regardless of whether that refuge was (d) Special permit. The Regional requested; established by action of the President or Administrator shall issue a special (C) The current status of resources to the Secretary of the Interior. permit in accordance with the criteria be harvested in relation to the and procedures specified in this section. overfishing definition in the FEP; § 665.424 Permits and fees. (1) Application. An applicant for a (D) Estimated ecosystem, habitat, and (a) Applicability. Unless otherwise special or transshipment permit issued protected species impacts of the specified in this subpart, § 665.13 under this section must complete, and proposed activity; and applies to coral reef ecosystem permits. submit to the Regional Administrator, a (E) Other biological and ecological (1) Special permit. Any person of the Special Coral Reef Ecosystem Fishing information relevant to the proposal. United States fishing for, taking or Permit Application Form issued by The applicant will be provided with an retaining Mariana coral reef ecosystem NMFS. Information in the application opportunity to appear in support of the MUS must have a special permit if they, form must include, but is not limited to, application. or a vessel which they operate, is used a statement describing the objectives of (iii) Following a review of the to fish for any: the fishing activity for which a special Council’s recommendation and (i) Mariana coral reef ecosystem MUS permit is needed, including a general supporting rationale, the Regional in low-use MPAs as defined in description of the expected disposition Administrator may: § 665.399; of the resources harvested under the (A) Concur with the Council’s (ii) Mariana Potentially Harvested permit (i.e., stored live, fresh, frozen, recommendation and, after finding that Coral Reef Taxa in the coral reef preserved; sold for food, ornamental, it is consistent with the goals and ecosystem management area; or research, or other use; and a description objectives of the FEP, the national (iii) Mariana Coral reef ecosystem of the planned fishing operation, standards, the Endangered Species Act, MUS in the Mariana coral reef including location of fishing and gear and other applicable laws, approve or ecosystem management area with any operation, amount and species (directed deny a special permit; or

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60095

(B) Reject the Council’s (C) The type, size, and amount of gear information and present arguments as recommendation, in which case, written which may be used by each vessel determined appropriate by the hearing reasons will be provided by the operated under the special permit. officer. Within 30 days of the last day Regional Administrator to the Council (D) Data reporting requirements. of the hearing, the hearing officer shall for the rejection. (E) Such other conditions as may be recommend in writing a decision to the (iv) If the Regional Administrator does necessary to ensure compliance with the Regional Administrator. not receive a recommendation from the purposes of the special permit (iv) The Regional Administrator may Council within 60 days of Council consistent with the objectives of the adopt the hearing officer’s receipt of the permit application, the FEP. recommended decision, in whole or in Regional Administrator can make a (4) Appeals of permit actions. part, or may reject or modify it. In any (i) Except as provided in subpart D of determination of approval or denial event, the Regional Administrator will 15 CFR part 904, any applicant for a independently. notify interested persons of the permit or a permit holder may appeal (v) Within 30 working days after the decision, and the reason(s) therefore, in the granting, denial, conditioning, or consultation in paragraph (d)(3)(ii) of writing, within 30 days of receipt of the suspension of their permit or a permit this section, or as soon as practicable hearing officer’s recommended decision. affecting their interests to the Regional thereafter, NMFS will notify the The Regional Administrator’s action Administrator. In order to be considered applicant in writing of the decision to by the Regional Administrator, such constitutes final action for the agency grant or deny the special permit and, if appeal must be in writing, must state for the purposes of the Administrative denied, the reasons for the denial. the action(s) appealed, and the reasons Procedure Act. Grounds for denial of a special permit therefore, and must be submitted within (5) The Regional Administrator may include the following: 30 days of the original action(s) by the extend, for good cause, any time limit (A) The applicant has failed to Regional Administrator. The appellant prescribed in this section for a period disclose material information required, may request an informal hearing on the not to exceed 30 days, either upon his or has made false statements as to any appeal. or her own motion or upon written material fact, in connection with his or (ii) Upon receipt of an appeal request from the Council, appellant or her application. authorized by this section, the Regional applicant stating the reason(s) therefore. (B) According to the best scientific Administrator will notify the permit § 665.425 Prohibitions. information available, the directed or applicant, or permit holder as incidental catch in the season or appropriate, and will request such In addition to the general prohibitions location specified under the permit additional information and in such form specified in § 600.725 of this chapter would detrimentally affect any coral as will allow action upon the appeal. and § 665.15 of this part, it is unlawful reef resource or coral reef ecosystem in Upon receipt of sufficient information, for any person to do any of the a significant way, including, but not the Regional Administrator will rule on following: limited to, issues related to spawning the appeal in accordance with the (a) Fish for, take, retain, possess or grounds or seasons, protected species permit eligibility criteria set forth in this land any Mariana coral reef ecosystem interactions, EFH, and habitat areas of section and the FEP, as appropriate, MUS in any low-use MPA as defined in particular concern (HAPC). based upon information relative to the § 665.399 unless: (C) Issuance of the special permit application on file at NMFS and the (1) A valid permit has been issued for would inequitably allocate fishing Council and any additional information, the hand harvester or the fishing vessel privileges among domestic fishermen or the summary record kept of any hearing operator that specifies the applicable would have economic allocation as its and the hearing officer’s recommended area of harvest; sole purpose. decision, if any, and such other (2) A permit is not required, as (D) The method or amount of harvest considerations as deemed appropriate. outlined in § 665.424 of this part; or in the season and/or location stated on The Regional Administrator will notify (3) The Mariana coral reef ecosystem the permit is considered inappropriate all interested persons of the decision, MUS possessed on board the vessel based on previous human or natural and the reasons therefore, in writing, originated outside the management area impacts in the given area. normally within 30 days of the receipt and this can be demonstrated through (E) NMFS has determined that the of sufficient information, unless receipts of purchase, invoices, fishing maximum number of permits for a given additional time is needed for a hearing. logbooks or other documentation. area in a given season has been reached (iii) If a hearing is requested, or if the (b) Fish for, take, or retain any and allocating additional permits in the Regional Administrator determines that Mariana coral reef ecosystem MUS same area would be detrimental to the one is appropriate, the Regional species: resource. Administrator may grant an informal (F) The activity proposed under the hearing before a hearing officer (1) That is determined overfished special permit would create a significant designated for that purpose after first with subsequent rulemaking by the enforcement problem. giving notice of the time, place, and Regional Administrator. (vi) The Regional Administrator may subject matter of the hearing in the (2) By means of gear or methods attach conditions to the special permit, Federal Register. Such a hearing shall prohibited under § 665.427. if it is granted, consistent with the normally be held no later than 30 days (3) In a low-use MPA without a valid management objectives of the FEP, following publication of the notice in special permit. including, but not limited to: the Federal Register, unless the hearing (4) In violation of any permit issued (A) The maximum amount of each officer extends the time for reasons under §§ 665.13 or 665.424. resource that can be harvested and deemed equitable. The appellant, the (c) Fish for, take, or retain any wild landed during the term of the special applicant (if different), and, at the live rock or live hard coral except under permit, including trip limits, where discretion of the hearing officer, other a valid special permit for scientific appropriate. interested parties, may appear research, aquaculture seed stock (B) The times and places where personally and/or be represented by collection or traditional and ceremonial fishing may be conducted. counsel at the hearing and submit purposes by indigenous people.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60096 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

§ 665.426 Notifications. (b) Mariana coral reef ecosystem MUS (1) Traps not marked in compliance Any special permit holder subject to may not be taken by means of poisons, with paragraph (a) of this section and the requirements of this subpart must explosives, or intoxicating substances. found deployed in the coral reef contact the appropriate NMFS Possession or use of these materials by ecosystem management area will be enforcement agent in American Samoa, any permit holder under this subpart considered unclaimed or abandoned Guam, or Hawaii at least 24 hours before who is established to be fishing for property, and may be disposed of in any landing any Mariana coral reef Mariana coral reef ecosystem MUS in manner considered appropriate by ecosystem MUS unit species harvested the management area is prohibited. NMFS or an authorized officer. under a special permit, and report the (c) Existing FEP fisheries shall follow (2) Unattended surround nets or bait port and the approximate date and time the allowable gear and methods seine nets found deployed in the coral at which the catch will be landed. outlined in their respective plans. reef ecosystem management area will be (d) Any person who intends to fish considered unclaimed or abandoned § 665.427 Allowable gear and gear with new gear not included in this restrictions. property, and may be disposed of in any section must describe the new gear and (a) Mariana coral reef ecosystem MUS manner considered appropriate by its method of deployment in the special NMFS or an authorized officer. may be taken only with the following permit application. A decision on the allowable gear and methods: permissibility of this gear type will be §§ 665.429–665.439 [Reserved] (1) Hand harvest; made by the Regional Administrator (2) Spear; § 665.440 Mariana crustacean fisheries. (3) Slurp gun; after consultation with the Council and [Reserved] (4) Hand net/dip net; the director of the affected State fishery (5) Hoop net for Kona crab; management agency. § 665.441 Definitions. (6) Throw net; § 665.428 Gear identification. As used in §§ 665.440 through (7) Barrier net; 665.459: (8) Surround/purse net that is (a) The vessel number must be affixed attended at all times; to all fish and crab traps on board the Crustacean Permit Area 5 (Permit (9) Hook-and-line (includes handline vessel or deployed in the water by any Area 5) means the EEZ around Guam (powered or not), rod-and-reel, and vessel or person holding a permit under and the EEZ seaward of points 3 trolling); §§ 665.13 or 665.424 or that is otherwise nautical miles from the shoreline of the (10) Crab and fish traps with vessel ID established to be fishing for Mariana CNMI. number affixed; and coral reef ecosystem MUS in the Mariana crustacean management unit (11) Remote-operating vehicles/ management area. species means the following submersibles. (b) Enforcement action. crustaceans:

Local name English common name Scientific name

Mahonggang ...... spiny lobster ...... Panulirus marginatus, Panulirus penicillatus. pa’pangpang ...... slipper lobster ...... Scyllaridae. Kona crab ...... Ranina ranina. deepwater shrimp ...... Heterocarpus spp.

§ 665.442 Permits. respective percentage of ownership in the reporting method and schedule (a) Applicability. the partnership or corporation. required in paragraphs (a)(1) and (2) of (1) The owner of any vessel used to this section at least 30 days prior to the fish for lobster in Permit Area 3, must § 665.443 Prohibitions. opening of the fishing season. have a permit issued for such a vessel. In addition to the general prohibitions (2) The owner of any vessel used to specified in § 600.725 of this chapter § 665.445 At-sea observer coverage. fish for deepwater shrimp in Crustacean and § 665.15, it is unlawful for any All fishing vessels subject to Permit Area 5 must have a permit issued person in Crustacean Permit Area 5 to §§ 665.440 through 665.445 and subpart for that vessel. fish for, take, or retain deepwater A of this part must carry an observer (b) General requirements. General shrimp without a permit issued under when requested to do so by the Regional requirements governing application § 665.442. Administrator. information, issuance, fees, expiration, §§ 665.446–665.459 [Reserved] replacement, transfer, alteration, § 665.444 Notifications. display, sanctions, and appeals for (a) The operator of any vessel subject § 665.460 Mariana precious coral fisheries. permits issued under this section, as to the requirements of this subpart must: [Reserved] applicable, are contained in § 665.13. (1) Report, not less than 24 hours, but (c) Application. An application for a not more than 36 hours, before landing, § 665.461 Definitions. permit required under this section shall the port, the approximate date and the Mariana precious coral management be submitted to PIRO as described in approximate time at which spiny and unit species means any coral of the § 665.13. If the application for a limited slipper lobsters will be landed. genus Corallium in addition to the access permit is submitted on behalf of (2) Report, not less than 6 hours and following species of corals: a partnership or corporation, the not more than 12 hours before English com- application must be accompanied by a offloading, the location and time that mon name Scientific name supplementary information sheet offloading of spiny and slipper lobsters obtained from PIRO and contain the will begin. Pink coral Corallium secundum, names and mailing addresses of all (b) The Regional Administrator will (also known Corallium regale, partners or shareholders and their notify permit holders of any change in as red coral). Corallium laauense.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60097

English com- coral MUS in any Mariana precious (b) A closure is also effective for a mon name Scientific name coral permit area, unless a permit has permit holder upon the permit holder’s been issued for that vessel and area as actual harvest of the applicable quota. Gold coral ...... Gerardia spp., Callogorgia specified in § 665.13 and that permit is gilberti, Narella spp., on board the vessel. § 665.467 Quotas. Calyptrophora spp. (a) General. The quotas limiting the Bamboo coral Lepidisis olapa, Acanella (b) Fish for, take, or retain any species of Mariana precious coral MUS in any amount of precious coral that may be spp. taken in any precious coral permit area Black coral ..... Antipathes dichotoma, Mariana precious coral permit area: Antipathes grandis, (1) By means of gear or methods during the fishing year are listed in Antipathes ulex. prohibited by § 665.464. § 665.467(d). Only live coral is counted (2) In refugia specified in § 665.461. toward the quota. The accounting Mariana precious coral permit area (3) In a bed for which the quota period for all quotas begins July 1, 1983. means the area encompassing the specified in § 665.467 has been attained. (b) Conditional bed closure. A precious coral beds within the EEZ (4) In violation of any permit issued conditional bed will be closed to all around the Mariana Archipelago. Each under §§ 665.13 or 665.17. nonselective coral harvesting after the bed is designated by a permit area code (5) In a bed that has been closed quota for one species of coral has been and assigned to one of the following pursuant to §§ 665.466 or 665.469. taken. four categories: (c) Take and retain, possess, or land (c) Reserves and reserve release. The (1) Established beds. [Reserved] any live pink coral or live black coral quotas for exploratory areas X–P–G and (2) Conditional beds. [Reserved] from any precious coral permit area that X–P–CNMI will be held in reserve for (3) Refugia. [Reserved] is less than the minimum height harvest by vessels of the United States (4) Exploratory Area. specified in § 665.465 unless: in the following manner: (i) Permit Area X–P–G includes all (1) A valid EFP was issued under (1) At the start of the fishing year, the coral beds, other than established beds, § 665.17 for the vessel and the vessel reserve for the Guam and CNMI conditional beds, or refugia, in the EEZ was operating under the terms of the exploratory areas will equal the quota seaward of Guam. permit; or minus the estimated domestic annual (ii) Permit Area X–P–CNMI includes (2) The coral originated outside coral harvest for that year. all coral beds, other than established beds listed in this paragraph, and this (2) As soon as practicable after beds, conditional beds, or refugia, in the can be demonstrated through receipts of December 31 each year, the Regional EEZ seaward of points 3 nautical miles purchase, invoices, or other Administrator will determine the from the shoreline of the CNMI. documentation. amount harvested by vessels of the United States between July 1 and § 665.462 Permits. § 665.464 Gear restrictions. December 31 of the year that just ended (a) Any vessel of the United States Only selective gear may be used to on December 31. fishing for, taking, or retaining Mariana harvest coral from any precious coral (3) NMFS will release to TALFF an precious coral MUS in any Mariana permit area. amount of precious coral for each Archipelago precious coral permit area exploratory area equal to the quota must have a permit issued under § 665.465 Size restrictions. minus two times the amount harvested § 665.13. The height of a live coral specimen by vessels of the United States in that (b) Each permit will be valid for shall be determined by a straight line July 1–December 31 period. fishing only in the permit area specified measurement taken from its base to its (4) NMFS will publish in the Federal on the permit. Precious Coral Permit most distal extremity. The stem Register a notification of the Regional Areas are defined in § 665.461. diameter of a living coral specimen shall Administrator’s determination and a (c) No more than one permit will be be determined by measuring the greatest summary of the information on which it valid for any one vessel at any one time. diameter of the stem at a point no less is based as soon as practicable after the (d) No more than one permit will be than 1 inch (2.54 cm) from the top determination is made. valid for any one person at any one surface of the living holdfast. (d) The Guam and CNMI exploratory time. (a) Live pink coral harvested from any permit areas, X–P–GU and X–P–CNMI, (e) The holder of a valid permit to fish precious coral permit area must have each have annual quotas of 1,000 kg for one permit area may obtain a permit to attained a minimum height of 10 inches all precious coral management unit fish another permit area only upon (25.4 cm). species combined with the exception of surrendering to the Regional (b) Black coral. Live black coral black corals. Administrator any current permit for the harvested from any precious coral § 665.468 Seasons. precious coral fishery issued under permit area must have attained either a The fishing year for precious coral § 665.13. minimum stem diameter of 1 inch (2.54 begins on July 1 and ends on June 30 the (f) General requirements governing cm), or a minimum height of 48 inches following year. application information, issuance, fees, (122 cm). expiration, replacement, transfer, § 665.469 Gold coral harvest moratorium. § 665.466 Closures. alteration, display, sanctions, and Fishing for, taking, or retaining any (a) If the Regional Administrator appeals for permits for the precious gold coral in any precious coral permit determines that the harvest quota for coral fishery are contained in § 665.13. area is prohibited through June 30, any coral bed will be reached prior to 2013. § 665.463 Prohibitions. the end of the fishing year, NMFS shall In addition to the general prohibitions publish a notice to that effect in the Subpart E—Pacific Remote Island Area specified in § 600.725 of this chapter Federal Register and shall use other Fisheries and in § 665.15, it is unlawful for any means to notify permit holders. Any person to: such notice must indicate the reason for § 665.598 Management area. (a) Use any vessel to fish for, take, the closure, the bed being closed, and The PRIA fishery management area is retain, possess or land Mariana precious the effective date of the closure. the EEZ seaward of Palmyra Atoll,

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60098 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

Kingman Reef, Jarvis Island, Baker fathom (fm) (91.5 m) curve at Jarvis, § 665.600 PRIA bottomfish fisheries. Island, Howland Island, Johnston Atoll, Howland, and Baker Islands, and [Reserved] and Wake Island, Pacific Remote Island Kingman Reef; as depicted on National § 665.601 Definitions. Areas with the inner boundary a line Ocean Survey Chart Numbers 83116 and As used in §§ 665.600 through coterminous with the seaward 83153. boundaries of the above atolls, reefs and 665.619: (b) Low-use MPAs. The following U.S. islands PRIA and the outer boundary a PRIA bottomfish fishing permit means line drawn in such a manner that each EEZ waters in the Western Pacific the permit required by § 665.603 to use point on it is 200 nautical miles from Region are low-use MPAs: All waters a vessel to fish for PRIA bottomfish the baseline from which the territorial between the shoreline and the 50 fm management unit species in the EEZ sea is measured, or is coterminous with (91.5 m) curve around Johnston Atoll, around the PRIA, or to land bottomfish adjacent international maritime Palmyra Atoll, and Wake Island as MUS shoreward of the outer boundary boundaries. depicted on National Ocean Survey of the EEZ around the PRIA, with the Chart Numbers 83637, 83157 and 81664. exception of EEZ waters around § 665.599 Area restrictions. Midway Atoll. (a) Fishing is prohibited in all no-take PRIA bottomfish management unit MPAs. The following U.S. EEZ waters species (PRIA bottomfish MUS) means are no-take MPAs: Landward of the 50 the following fish:

English common name Scientific name

Silver jaw jobfish ...... Aphareus rutilans Giant trevally ...... Caranx ignobilis Black jack ...... Caranx lugubris Blacktip grouper ...... Epinephelus fasciatus Sea bass ...... Epinephelus quernus Red snapper ...... Etelis carbunculus Longtail snapper ...... Etelis coruscans Redgill emperor ...... Lethrinus rubrioperculatus Yellowtail snapper ...... Pristipomoides auricilla Pink snapper ...... Pristipomoides filamentosus Pink snapper ...... Pristipomoides seiboldii Lunartail, lyretail grouper ...... Variola louti

§ 665.602 [Reserved] registered for use with that vessel issued § 665.606 At-sea observer coverage. under § 665.13. § 665.603 Permits. All fishing vessels subject to (c) Falsify or fail to make or file all §§ 665.600 through 665.606 must carry (a) Applicability. PRIA. The owner of reports of PRIA bottomfish MUS an observer when directed to do so by any vessel used to fish for, land, or landings taken in the PRIA, containing the Regional Administrator. transship PRIA bottomfish MUS all data in the exact manner, as shoreward of the outer boundary of the specified in § 665.14(b). §§ 665.607–665.619 [Reserved] PRIA subarea must have a permit issued § 665.605 Gear restrictions. § 665.620 PRIA coral reef ecosystem under this section, and the permit must fisheries. [Reserved] be registered for use with that vessel. (a) Bottom trawls and bottom set (b) Submission. An application for a gillnets. Fishing for PRIA bottomfish § 665.621 Definitions. permit required under this section must MUS with bottom trawls and bottom set As used in §§ 665.620 through be submitted to PIRO as described in gillnets is prohibited. 665.639: § 665.13. (b) Possession of gear. Possession of a PRIA coral reef ecosystem bottom trawl and bottom set gillnet by management unit species (PRIA coral § 665.604 Prohibitions. any vessel having a permit under reef ecosystem MUS) means all of the In addition to the general prohibitions § 665.603 or otherwise established to be Currently Harvested Coral Reef Taxa specified in § 600.725 of this chapter fishing for PRIA bottomfish MUS in the and Potentially Harvested Coral Reef and § 665.16, it is unlawful for any PRIA fishery management area is Taxa listed in this section and which person to do any of the following: prohibited. spend the majority of their non-pelagic (a) Fish for PRIA bottomfish MUS (c) Poisons and explosives. The (post-settlement) life stages within using gear prohibited under § 665.605. possession or use of any poisons, waters less than or equal to 50 fathoms (b) Fish for, or retain on board a explosives, or intoxicating substances in total depth. vessel, PRIA bottomfish MUS in the for the purpose of harvesting PRIA PRIA Currently Harvested Coral Reef PRIA without the appropriate permit bottomfish is prohibited. Taxa:

Family name English common name Scientific name

Acanthuridae (Surgeonfishes) ...... orange-spot surgeonfish ...... Acanthurus olivaceus. yellowfin surgeonfish ...... Acanthurus xanthopterus. convict tang ...... Acanthurus triostegus. eye-striped surgeonfish ...... Acanthurus dussumieri. blue-lined surgeon ...... Acanthurus nigroris. Whitebar surgeonfish ...... Acanthurus leucopareius. blue-banded surgeonfish ...... Acanthurus lineatus.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60099

Family name English common name Scientific name

blackstreak surgeonfish ...... Acanthurus nigricauda. whitecheek surgeonfish ...... Acanthurus nigricans. white-spotted surgeonfish ...... Acanthurus guttatus. Ringtail surgeonfish ...... Acanthurus blochii. brown surgeonfish ...... Acanthurus nigrofuscus. yellow-eyed surgeonfish ...... Ctenochaetus strigosus. striped bristletooth ...... Ctenochaetus striatus. twospot bristletooth ...... Ctenochaetus binotatus. yellow tang ...... Zebrasoma flavescens. bluespine unicornfish ...... Naso unicornus. orangespine unicornfish ...... Naso lituratus. black tongue unicornfish ...... Naso hexacanthus. bignose unicornfish ...... Naso vlamingii. whitemargin unicornfish ...... Naso annulatus. spotted unicornfish ...... Naso brevirostris. Labridae (Wrasses) ...... Napoleon wrasse ...... Cheilinus undulatus. triple-tail wrasse ...... Cheilinus trilobatus. floral wrasse ...... Cheilinus chlorourus. ring-tailed wrasse ...... Oxycheilinus unifasciatus. bandcheek wrasse ...... Oxycheilinus diagrammus. barred thicklip ...... Hemigymnus fasciatus. three-spot wrasse ...... Halichoeres trimaculatus. red ribbon wrasse ...... Thalassoma quinquevittatum. sunset wrasse ...... Thalassoma lutescens. Mullidae (Goatfishes) ...... yellow goatfish ...... Mulloidichthys spp. orange goatfish ...... Mulloidichthys pfleugeri. yellowstripe goatfish ...... Mulloidichthys flavolineatus. banded goatfish ...... Parupeneus spp. Mullidae (Goatfishes) ...... dash-dot goatfish ...... Parupeneus barberinus. yellowsaddle goatfish ...... Parupeneus cyclostomas. multi-barred goatfish ...... Parupeneus multifaciatus. bantail goatfish ...... Upeneus arge. Mugilidae (Mullets) ...... fringelip mullet ...... Crenimugil crenilabis. engel’s mullet ...... Moolgarda engeli. false mullet ...... Neomyxus leuciscus. Muraenidae (Moray eels) ...... yellowmargin moray eel ...... Gymnothorax flavimarginatus. giant moray eel ...... Gymnothorax javanicus. undulated moray eel ...... Gymnothorax undulatus. Octopodidae ...... Octopus ...... Octopus cyanea. Octopus ...... Octopus ornatus. Pricanthidae (Bigeye) ...... Glasseye ...... Heteropriacanthus cruentatus. Scaridae (Parrotfishes) ...... Humphead parrotfish ...... Bolbometopon muricatum. parrotfish ...... Scarus spp. pacific longnose parrotfish ...... Hipposcarus longiceps. stareye parrotfish ...... Calotomus carolinus. Scombridae ...... Dogtooth tuna ...... Gymnosarda unicolor. Sphyraenidae (Barracuda) ...... great barracuda ...... Sphyraena barracuda.

PRIA Potentially Harvested Coral Reef Taxa:

English common name Scientific name

wrasses (Those species not listed as CHCRT) ...... Labridae. sharks (Those species not listed as CHCRT) ...... Carcharhinidae, Sphyrnidae. rays and skates ...... Myliobatidae, Mobulidae. groupers (Those species not listed as CHCRT or as BMUS) ...... Serrandiae. jacks and scads (Those species not listed as CHCRT or as BMUS) ...... Carangidae. solderfishes and squirrelfishes (Those species not listed as CHCRT) ...... Holocentridae. goatfishes (Those species not listed as CHCRT) ...... Mullidae. Batfishes ...... Ephippidae. Sweetlips ...... Haemulidae. Remoras ...... Echeneidae. Tilefishes ...... Malacanthidae. Dottybacks ...... Pseudochromidae. Prettyfins ...... Plesiopidae. surgeonfishes (Those species not listed as CHCRT) ...... Acanthuridae. emperors (Those species not listed as CHCRT or as BMUS) ...... Lethrinidae. Herrings ...... Clupeidae. Gobies ...... Gobiidae. snappers (Those species not listed as CHCRT or as BMUS) ...... Lutjanidae. trigger fishes (Those species not listed as CHCRT) ...... Balistidae.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60100 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

English common name Scientific name

rabbitfishes (Those species not listed as CHCRT) ...... Siganidae. eels (Those species not listed as CHCRT) ...... Muraenidae, Chlopsidae, Congridae, Ophichthidae. Cardinalfishes ...... Apogonidae. moorish idols ...... Zanclidae. butterfly fishes ...... Chaetodontidae. Angelfishes ...... Pomacanthidae. Damselfishes ...... Pomacentridae. Scorpionfishes ...... Scorpaenidae. Blennies ...... Blenniidae. barracudas (Those species not listed as CHCRT) ...... Sphyraenidae. Sandperches ...... Pinguipedidae. rudderfishes (Those species not listed as CHCRT) ...... Kyphosidae. Fusiliers ...... Caesionidae. hawkfishes (Those species not listed as CHCRT) ...... Cirrhitidae. Frogfishes ...... Antennariidae. pipefishes, seahorses ...... Syngnathidae. flounders, soles ...... Bothidae. Trunkfishes ...... Ostraciidae. puffer fishes, porcupine fishes ...... Tetradontidae. Trumpetfish ...... Aulostomus chinensis. Cornetfish ...... Fistularia commersoni. blue corals ...... Heliopora. organpipe corals ...... Tubipora. ahermatypic corals ...... Azooxanthellates. mushroom corals ...... Fungiidae. small and large coral polyps fire corals ...... Millepora. soft corals, gorgonians Anemones ...... Actinaria. soft zoanthid corals ...... Zoanthinaria. Hydrozoans, Bryzoans. sea squirts ...... Tunicates. sea cucumbers and sea urchins ...... Echinoderms. Those species not listed as CHCRT ...... Mollusca. sea snails ...... Gastropoda. Trochus. sea slugs ...... Opistobranchs. black lipped pearl oyster ...... Pinctada margaritifera. giant clam ...... Tridacnidae. other clams ...... Other Bivalves. Cephalopods. lobsters, shrimps/mantis shrimps, true crabs and hermit crabs (Those species not Crustaceans. listed as CMUS). Sponges ...... Porifera. lace corals ...... Stylasteridae. hydroid corals ...... Solanderidae. segmented worms ...... Annelids. Seaweed ...... Algae. Live rock All other PRIA coral reef ecosystem MUS that are marine plants, invertebrates, and fishes that are not listed in the PRIA CHCRT table or are not PRIA bottomfish, crustacean, precious coral, or western Pacific pelagic MUS.

§ 665.622 [Reserved] § 665.624 Permits and fees. management area with any gear not (a) Applicability. Unless otherwise specifically allowed in this subpart. § 665.623 Relation to other laws. specified in this subpart, § 665.13 (2) Transshipment permit. A receiving To ensure consistency between the applies to coral reef ecosystem permits. vessel must be registered for use with a management regimes of different (1) Special permit. Any person of the transshipment permit if that vessel is Federal agencies with shared United States fishing for, taking or used in the PRIA coral reef ecosystem management responsibilities of fishery retaining PRIA coral reef ecosystem management area to land or transship resources within the PRIA fishery MUS must have a special permit if they, PRIA PHCRT, or any PRIA coral reef management area, fishing for PRIA coral or a vessel which they operate, is used ecosystem MUS harvested within low- reef ecosystem MUS is not allowed to fish for any: use MPAs. within the boundary of a National (i) PRIA Coral reef ecosystem MUS in (3) Exceptions. The following persons Wildlife Refuge unless specifically low-use MPAs as defined in § 665.599; are not required to have a permit under authorized by the USFWS, regardless of (ii) PRIA Potentially Harvested Coral this section: whether that refuge was established by Reef Taxa in the PRIA coral reef (i) Any person issued a permit to fish ecosystem management area; or under any FEP who incidentally catches action of the President or the Secretary (iii) PRIA Coral reef ecosystem MUS PRIA coral reef ecosystem MUS while of the Interior. in the PRIA coral reef ecosystem fishing for bottomfish management unit

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60101

species, crustacean management unit (ii) Within 60 days following receipt would detrimentally affect any coral species, western Pacific pelagic of a complete application, the Regional reef resource or coral reef ecosystem in management unit species, precious Administrator will consult with the a significant way, including, but not coral, or seamount groundfish. Council through its Executive Director, limited to issues related to, spawning (ii) Any person fishing for PRIA USFWS, and the Director of the affected grounds or seasons, protected species CHCRT outside of an MPA, who does State fishery management agency interactions, EFH, and habitat areas of not retain any incidentally caught PRIA concerning the permit application and particular concern (HAPC). PHCRT. will receive their recommendations for (C) Issuance of the special permit (iii) Any person collecting marine approval or disapproval of the would inequitably allocate fishing organisms for scientific research as application based on: privileges among domestic fishermen or described in § 665.17, or § 600.745 of (A) Information provided by the would have economic allocation as its this chapter. applicant; sole purpose. (b) Validity. Each permit will be valid (B) The current domestic annual (D) The method or amount of harvest for fishing only in the fishery harvesting and processing capacity of in the season and/or location stated on management area specified on the the directed and incidental species for the permit is considered inappropriate permit. which a special permit is being based on previous human or natural (c) General requirements. General requested; impacts in the given area. requirements governing application (C) The current status of resources to (E) NMFS has determined that the information, issuance, fees, expiration, be harvested in relation to the maximum number of permits for a given replacement, transfer, alteration, overfishing definition in the FEP; area in a given season has been reached display, sanctions, and appeals for (D) Estimated ecosystem, habitat, and and allocating additional permits in the permits are contained in § 665.13. protected species impacts of the same area would be detrimental to the (d) Special permit. The Regional proposed activity; and resource. Administrator shall issue a special (E) Other biological and ecological (F) The activity proposed under the permit in accordance with the criteria information relevant to the proposal. special permit would create a significant and procedures specified in this section. The applicant will be provided with an enforcement problem. (1) Application. An applicant for a opportunity to appear in support of the (vi) The Regional Administrator may special or transshipment permit issued application. attach conditions to the special permit, under this section must complete and (iii) Following a review of the if it is granted, consistent with the submit to the Regional Administrator a Council’s recommendation and management objectives of the FEP, Special Coral Reef Ecosystem Fishing supporting rationale, the Regional including but not limited to: Permit Application Form issued by Administrator may: (A) The maximum amount of each NMFS. Information in the application (A) Concur with the Council’s resource that can be harvested and form must include, but is not limited to, recommendation and, after finding that landed during the term of the special a statement describing the objectives of it is consistent with the goals and permit, including trip limits, where the fishing activity for which a special objectives of the FEP, the national appropriate. permit is needed, including a general standards, the Endangered Species Act, (B) The times and places where description of the expected disposition and other applicable laws, approve or fishing may be conducted. of the resources harvested under the deny a special permit; or (C) The type, size, and amount of gear permit (i.e., stored live, fresh, frozen, (B) Reject the Council’s which may be used by each vessel preserved; sold for food, ornamental, recommendation, in which case, written operated under the special permit. research, or other use; and a description reasons will be provided by the (D) Data reporting requirements. of the planned fishing operation, Regional Administrator to the Council (E) Such other conditions as may be including location of fishing and gear for the rejection. necessary to ensure compliance with the operation, amount and species (directed (iv) If the Regional Administrator does purposes of the special permit and incidental) expected to be harvested not receive a recommendation from the consistent with the objectives of the and estimated habitat and protected Council within 60 days of Council FEP. species impacts). receipt of the permit application, the (4) Appeals of permit actions. (2) Incomplete applications. The Regional Administrator can make a (i) Except as provided in subpart D of Regional Administrator may request determination of approval or denial 15 CFR part 904, any applicant for a from an applicant additional independently. permit or a permit holder may appeal information necessary to make the (v) Within 30 working days after the the granting, denial, conditioning, or determinations required under this consultation in paragraph (d)(3)(ii) of suspension of their permit or a permit section. An applicant will be notified of this section, or as soon as practicable affecting their interests to the Regional an incomplete application within 10 thereafter, NMFS will notify the Administrator. In order to be considered working days of receipt of the applicant in writing of the decision to by the Regional Administrator, such application. An incomplete application grant or deny the special permit and, if appeal must be in writing, must state will not be considered until corrected denied, the reasons for the denial. the action(s) appealed, and the reasons and completed in writing. Grounds for denial of a special permit therefore, and must be submitted within (3) Issuance. include the following: 30 days of the original action(s) by the (i) If an application contains all of the (A) The applicant has failed to Regional Administrator. The appellant required information, the Regional disclose material information required, may request an informal hearing on the Administrator will forward copies of the or has made false statements as to any appeal. application within 30 days to the material fact, in connection with his or (ii) Upon receipt of an appeal Council, the U.S. Coast Guard, the her application. authorized by this section, the Regional fishery management agency of the (B) According to the best scientific Administrator will notify the permit affected State, and other interested information available, the directed or applicant, or permit holder as parties who have identified themselves incidental catch in the season or appropriate, and will request such to the Council, and the USFWS. location specified under the permit additional information and in such form

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00053 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60102 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

as will allow action upon the appeal. and § 665.15, it is unlawful for any (b) PRIA coral reef ecosystem MUS Upon receipt of sufficient information, person to do any of the following: may not be taken by means of poisons, the Regional Administrator will rule on (a) Fish for, take, retain, possess or explosives, or intoxicating substances. the appeal in accordance with the land any PRIA coral reef ecosystem Possession or use of these materials by permit eligibility criteria set forth in this MUS in any low-use MPA as defined in any permit holder under this subpart section and the FEP, as appropriate, § 665.599 unless: who is established to be fishing for coral based upon information relative to the (1) A valid permit has been issued for reef ecosystem MUS in the management application on file at NMFS and the the hand harvester or the fishing vessel area is prohibited. Council and any additional information, operator that specifies the applicable (c) PRIA coral reef ecosystem MUS the summary record kept of any hearing area of harvest; may not be taken by means of and the hearing officer’s recommended (2) A permit is not required, as spearfishing with SCUBA at night (from decision, if any, and such other outlined in § 665.624; 6 p.m. to 6 a.m.) in the U.S. EEZ waters considerations as deemed appropriate. (3) The PRIA coral reef ecosystem around Howland Island, Baker Island, The Regional Administrator will notify MUS possessed on board the vessel Jarvis Island, Wake Island, Kingman all interested persons of the decision, originated outside the management area Reef, Johnston Atoll and Palmyra Atoll. and the reasons therefore, in writing, and this can be demonstrated through (d) Existing FEP fisheries shall follow normally within 30 days of the receipt receipts of purchase, invoices, fishing the allowable gear and methods of sufficient information, unless logbooks or other documentation. outlined in their respective plans. additional time is needed for a hearing. (b) Fish for, take, or retain any PRIA (e) Any person who intends to fish (iii) If a hearing is requested, or if the coral reef ecosystem MUS species: with new gear not included in this Regional Administrator determines that (1) That is determined overfished section must describe the new gear and one is appropriate, the Regional with subsequent rulemaking by the its method of deployment in the special Administrator may grant an informal Regional Administrator. permit application. A decision on the hearing before a hearing officer (2) By means of gear or methods permissibility of this gear type will be designated for that purpose after first prohibited under § 665.627. made by the Regional Administrator giving notice of the time, place, and (3) In a low-use MPA without a valid after consultation with the Council and subject matter of the hearing in the special permit. the director of the affected State fishery Federal Register. Such a hearing shall (4) In violation of any permit issued management agency. under §§ 665.13 or 665.624. normally be held no later than 30 days § 665.628 Gear identification. following publication of the notice in (c) Fish for, take, or retain any wild (a) The vessel number must be affixed the Federal Register, unless the hearing live rock or live hard coral except under to all fish and crab traps on board the officer extends the time for reasons a valid special permit for scientific vessel or deployed in the water by any deemed equitable. The appellant, the research, aquaculture seed stock vessel or person holding a permit under applicant (if different), and, at the collection or traditional and ceremonial §§ 665.13 or 665.624 or that is otherwise discretion of the hearing officer, other purposes by indigenous people. established to be fishing for PRIA coral interested parties, may appear § 665.626 Notifications. reef ecosystem MUS in the PRIA fishery personally and/or be represented by Any special permit holder subject to management area. counsel at the hearing and submit the requirements of this subpart must (b) Enforcement action. information and present arguments as contact the appropriate NMFS (1) Traps not marked in compliance determined appropriate by the hearing enforcement agent in American Samoa, with paragraph (a) of this section and officer. Within 30 days of the last day Guam, or Hawaii at least 24 hours before found deployed in the PRIA fishery of the hearing, the hearing officer shall landing any PRIA coral reef ecosystem management area will be considered recommend in writing a decision to the MUS unit species harvested under a unclaimed or abandoned property, and Regional Administrator. special permit, and report the port and may be disposed of in any manner (iv) The Regional Administrator may the approximate date and time at which considered appropriate by NMFS or an adopt the hearing officer’s the catch will be landed. authorized officer. recommended decision, in whole or in (2) Unattended surround nets or bait part, or may reject or modify it. In any § 665.627 Allowable gear and gear seine nets found deployed in the coral event, the Regional Administrator shall restrictions. reef ecosystem management area will be notify interested persons of the (a) Coral reef ecosystem MUS may be considered unclaimed or abandoned decision, and the reason(s) therefore, in taken only with the following allowable property, and may be disposed of in any writing, within 30 days of receipt of the gear and methods: manner considered appropriate by hearing officer’s recommended decision. (1) Hand harvest; NMFS or an authorized officer. The Regional Administrator’s action (2) Spear; constitutes final action for the agency (3) Slurp gun; §§ 665.629–665.639 [Reserved] for the purposes of the Administrative (4) Hand net/dip net; § 665.640 PRIA crustacean fisheries. Procedure Act. (5) Hoop net for Kona crab; [Reserved] (5) The Regional Administrator may, (6) Throw net; for good cause, extend any time limit (7) Barrier net; § 665.641 Definitions. prescribed in this section for a period (8) Surround/purse net that is As used in §§ 665.640 through not to exceed 30 days, either upon his attended at all times; 665.659: or her own motion or upon written (9) Hook-and-line (includes handline Crustacean Permit Area 4 (Permit request from the Council, appellant or (powered or not), rod-and-reel, and Area 4) means the EEZ around Palmyra applicant stating the reason(s) therefore. trolling); Atoll, Kingman Reef, Jarvis Island, (10) Crab and fish traps with vessel ID Baker Island, Howland Island, Johnston § 665.625 Prohibitions. number affixed; and Atoll, and Wake Island. In addition to the general prohibitions (11) Remote-operating vehicles/ PRIA crustacean fishing permit means specified in § 600.725 of this chapter submersibles. the permit required by § 665.642 to use

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00054 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60103

a vessel to fish for PRIA crustacean crustacean MUS shoreward of the outer PRIA crustacean management unit management unit species in the PRIA boundary of the PRIA fishery species means the following fishery management area, or to land management area. crustaceans:

English common name Scientific name

Spiny lobster ...... Panulirus marginatus, Panulirus penicillatus. Slipper lobster ...... Scyllaridae. Kona crab ...... Ranina ranina. Deepwater shrimp ...... Heterocarpus spp.

§ 665.642 Permits. partners or shareholders and their (b) The Regional Administrator will (a) Applicability. respective percentage of ownership in notify permit holders of any change in (1) The owner of any vessel used to the partnership or corporation. the reporting method and schedule fish for lobster in Permit Area 4 must required in paragraphs (a)(1) and (2) of have a permit issued for that vessel. § 665.643 Prohibitions. this section at least 30 days prior to the (2) The owner of any vessel used to In addition to the general prohibitions opening of the fishing season. fish for deepwater shrimp in Crustacean specified in § 600.725 of this chapter Permit Area 4 must have a permit issued and § 665.15, it is unlawful for any § 665.645 At-sea observer coverage. for that vessel. person in Crustacean Permit Area 4 to All fishing vessels subject to (b) General requirements. General fish for, take, or retain deepwater §§ 665.640 through 665.645 and subpart requirements governing application shrimp without a permit issued under A of this part must carry an observer information, issuance, fees, expiration, § 665.642. when requested to do so by the Regional replacement, transfer, alteration, Administrator. display, sanctions, and appeals for § 665.644 Notifications. permits issued under this section, as (a) The operator of any vessel subject §§ 665.646–665.659 [Reserved] applicable, are contained in § 665.13. to the requirements of this subpart must: § 665.660 PRIA precious coral fisheries. (c) Application. An application for a (1) Report, not less than 24 hours, but [Reserved] permit required under this section will not more than 36 hours, before landing, be submitted to PIRO as described in the port, the approximate date and the § 665.661 Definitions. § 665.13. If the application for a limited approximate time at which spiny and As used in §§ 665.660 through access permit is submitted on behalf of slipper lobsters will be landed. 665.669: a partnership or corporation, the (2) Report, not less than 6 hours and PRIA precious coral management unit application must be accompanied by a not more than 12 hours before species (PRIA precious coral MUS) supplementary information sheet offloading, the location and time that means any coral of the genus Corallium obtained from PIRO and contain the offloading of spiny and slipper lobsters in addition to the following species of names and mailing addresses of all will begin. corals:

English common name Scientific name

Pink coral (also known as red coral) ...... Corallium secundum, Corallium regale, Corallium laauense. Gold coral ...... Gerardia spp., Callogorgia gilberti, Narella spp., Calyptrophora spp. Bamboo coral ...... Lepidisis olapa, Acanella spp. Black coral ...... Antipathes dichotoma, Antipathes grandis, Antipathes ulex.

PRIA precious coral permit area precious coral permit area must have a appeals for permits for the precious means the area encompassing the permit issued under § 665.13. coral fishery are contained in § 665.13. precious coral beds within the EEZ (b) Each permit will be valid for § 665.663 Prohibitions. around the PRIA. Each bed is designated fishing only in the permit area specified by a permit area code and assigned to on the permit. Precious Coral Permit In addition to the general prohibitions one of the following four categories: Areas are defined in § 665.661. specified in § 600.725 of this chapter and in § 665.15, it is unlawful for any (1) Established beds. [Reserved] (c) No more than one permit will be valid for any one vessel at any one time. person to: (2) Conditional beds. [Reserved] (a) Use any vessel to fish for, take, (d) No more than one permit will be retain, possess or land PRIA precious (3) Refugia. [Reserved] valid for any one person at any one coral MUS in any precious coral permit (4) Exploratory Area. Permit Area X– time. area, unless a permit has been issued for P–PI includes all coral beds, other than (e) The holder of a valid permit to fish that vessel and area as specified in established beds, conditional beds, or one permit area may obtain a permit to § 665.13 and that permit is on board the refugia, in the EEZ seaward Palmyra fish another permit area only upon vessel. Atoll, Kingman Reef, Jarvis Island, surrendering to the Regional (b) Fish for, take, or retain any species Baker Island, Howland Island, Johnston Administrator any current permit for the of PRIA precious coral MUS in any Atoll and Wake Island. precious coral fishery issued under precious coral permit area: § 665.13. § 665.662 Permits. (1) By means of gear or methods (f) General requirements governing prohibited by § 665.664. (a) Any vessel of the United States application information, issuance, fees, (2) In refugia specified in § 665.661. fishing for, taking, or retaining PRIA expiration, replacement, transfer, (3) In a bed for which the quota precious coral MUS in any PRIA alteration, display, sanctions, and specified in § 665.667 has been attained.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00055 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60104 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

(4) In violation of any permit issued nonselective coral harvesting after the (b) No-take MPAs. The following U.S. under §§ 665.13 or 665.17. quota for one species of coral has been EEZ waters are no-take MPAs: (5) In a bed that has been closed taken. (1) Landward of the 50-fathom (fm) pursuant to §§ 665.666 or 665.669. (c) Reserves and reserve release. The (91.5-m) curve at Jarvis, Howland, and (c) Take and retain, possess, or land quotas for exploratory area, X–P–PI, will Baker Islands, and Kingman Reef; as any live pink coral or live black coral be held in reserve for harvest by vessels depicted on National Ocean Survey from any precious coral permit area that of the United States in the following Chart Numbers 83116 and 83153; is less than the minimum height manner: (2) Landward of the 50-fm (91.5-m) specified in § 665.665 unless: (1) At the start of the fishing year, the curve around Rose Atoll, as depicted on (1) A valid EFP was issued under reserve for the PRIA exploratory area National Ocean Survey Chart Number § 665.17 for the vessel and the vessel will equal the quota minus the 83484. was operating under the terms of the estimated domestic annual harvest for permit; or that year. § 665.800 Definitions. (2) The coral originated outside coral (2) As soon as practicable after As used in §§ 665.798 through beds listed in this paragraph, and this December 31 each year, the Regional 665.818: can be demonstrated through receipts of Administrator will determine the American Samoa longline limited purchase, invoices, or other amount harvested by vessels of the access permit means the permit documentation. United States between July 1 and required by § 665.801 to use a vessel December 31 of the year that just ended § 665.664 Gear restrictions. shoreward of the outer boundary of the on December 31. Only selective gear may be used to EEZ around American Samoa to fish for (3) NMFS will release to TALFF an western Pacific pelagic MUS using harvest coral from any precious coral amount of precious coral for each permit area. longline gear or to land or transship exploratory area equal to the quota western Pacific pelagic MUS that were § 665.665 Size restrictions. minus two times the amount harvested caught in the EEZ around American The height of a live coral specimen by vessels of the United States in that Samoa using longline gear. shall be determined by a straight line July 1–December 31 period. American Samoa pelagics mailing list (4) NMFS will publish in the Federal measurement taken from its base to its means the list maintained by PIRO of Register a notification of the Regional most distal extremity. The stem names and mailing addresses of parties Administrator’s determination and a diameter of a living coral specimen shall interested in receiving notices of summary of the information on which it be determined by measuring the greatest availability for American Samoa is based as soon as practicable after the diameter of the stem at a point no less longline limited access permits. determination is made. than 1 inch (2.54 cm) from the top Basket-style longline gear means a (d) PRIA exploratory permit area, X– surface of the living holdfast. type of longline gear that is divided into P–PI, has an annual quota of 1,000 kg (a) Live pink coral harvested from any units called ‘‘baskets’’ each consisting of for all precious coral MUS combined precious coral permit area must have a segment of main line to which 10 or with the exception of black corals. attained a minimum height of 10 inches more branch lines with hooks are (25.4 cm). § 665.668 Seasons. spliced. The mainline and all branch (b) Black coral. Live black coral The fishing year for precious coral lines are made of multiple braided harvested from any precious coral begins on July 1 and ends on June 30 the strands of cotton, nylon, or other permit area must have attained either a following year. synthetic fibers impregnated with tar or minimum stem diameter of 1 inch (2.54 other heavy coatings that cause the lines cm), or a minimum height of 48 inches § 665.669 Gold coral harvest moratorium. to sink rapidly in seawater. (122 cm). Fishing for, taking, or retaining any Deep-set or Deep-setting means the gold coral in any precious coral permit § 665.666 Closures. deployment of, or deploying, area is prohibited through June 30, respectively, longline gear in a manner (a) If the Regional Administrator 2013. consistent with all the following determines that the harvest quota for criteria: with all float lines at least 20 any coral bed will be reached prior to Subpart F—Western Pacific Pelagic meters in length; with a minimum of 15 the end of the fishing year, NMFS shall Fisheries branch lines between any two floats publish a notice to that effect in the (except basket-style longline gear which Federal Register and shall use other § 665.798 Management area. may have as few as 10 branch lines means to notify permit holders. Any The western Pacific Pelagic fishery between any two floats); without the use such notice must indicate the reason for management area includes all areas of of light sticks; and resulting in the the closure, the bed being closed, and fishing operations in the EEZ or on the possession or landing of no more than the effective date of the closure. high seas for any vessels of the United 10 swordfish (Xiphias gladius) at any (b) A closure is also effective for a States or persons that: time during a given trip. As used in this permit holder upon the permit holder’s (a) Fish for, possess, or transship definition ‘‘float line’’ means a line used actual harvest of the applicable quota. western Pacific pelagic fishery management unit species (MUS) within to suspend the main longline beneath a § 665.667 Quotas. the EEZ waters around American float and ‘‘light stick’’ means any type (a) General. The quotas limiting the Samoa, CNMI, Guam, Hawaii, or PRIA; of light emitting device, including any amount of precious coral that may be or fluorescent ‘‘glow bead,’’ chemical, or taken in any precious coral permit area (b) Land western Pacific pelagic electrically powered light that is affixed during the fishing year are listed in fishery MUS in American Samoa, CNMI, underwater to the longline gear. § 665.667(d). Only live coral is counted Guam, Hawaii, or PRIA. Fish dealer means any person who: toward the quota. The accounting (1) Obtains, with the intention to period for all quotas begins July 1, 1983. § 665.799 Area restrictions. resell, western Pacific pelagic MUS, or (b) Conditional bed closure. A (a) Fishing is prohibited in all no-take portions thereof, that were harvested or conditional bed will be closed to all MPAs designated in this section. received by a vessel that holds a permit

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00056 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60105

or is otherwise regulated under gear means a type of fishing gear deep-set or deep-setting as defined in bottomfish fisheries in this subpart; or consisting of a main line of any length this section. (2) Provides recordkeeping, purchase, that is suspended horizontally in the Shallow-set certificate means an or sales assistance in obtaining or water column either anchored, floating, original paper certificate that is issued selling such MUS (such as the services or attached to a vessel, and from which by NMFS and valid for one shallow-set provided by a wholesale auction branch or dropper lines with hooks are of longline gear (more than one nautical facility). attached. mile of deployed longline gear is a Hawaii longline limited access permit Pelagic handline fishing means complete set) for sets that start during means the permit required by § 665.801 fishing for western Pacific pelagic MUS the period of validity indicated on the to use a vessel to fish for western Pacific from a stationary or drifting vessel using pelagic MUS with longline gear in the hook and line gear other than longline certificate. EEZ around Hawaii or to land or gear. Squid jig fishing means fishing for transship longline-caught western Pelagic troll fishing (trolling) means squid that are western Pacific pelagic Pacific pelagic MUS shoreward of the fishing for western Pacific pelagic MUS MUS using a hook or hooks attached to outer boundary of the EEZ around from a moving vessel using hook and a line that is raised and lowered in the Hawaii. line gear. water column by manual or mechanical Longline fishing prohibited area PRIA pelagic troll and handline means. means the portions of the EEZ in which fishing permit means the permit Western Pacific general longline longline fishing is prohibited as required by § 665.801 to use a vessel permit means the permit authorized specified in § 665.806. shoreward of the outer boundary of the under § 665.801 to use a vessel Longline fishing vessel means a vessel EEZ around the PRIA to fish for western shoreward of the outer boundary of the that has longline gear on board the Pacific pelagic MUS using pelagic EEZ around Guam, CNMI, Johnston or vessel. handline or troll fishing methods. Palmyra Atolls, Kingman Reef, or Wake, Longline gear means a type of fishing Receiving vessel permit means a gear consisting of a main line that permit required by § 665.801(c) for a Jarvis, Baker or Howland Islands to fish exceeds 1 nm in length, is suspended receiving vessel to transship or land for western Pacific pelagic MUS using horizontally in the water column either western Pacific pelagic MUS taken by longline gear or to land or to transship anchored, floating, or attached to a other vessels using longline gear. western Pacific pelagic MUS that were vessel, and from which branch or Shallow-set or shallow-setting means caught using longline gear. dropper lines with hooks are attached; the deployment of, or deploying, Western Pacific pelagic management except that, within the protected species respectively, longline gear in a manner unit species means the following zone as defined in § 665.806, longline that does not meet the definition of species:

English common name Scientific name

Tunas: Albacore ...... Thunnus alalunga bigeye tuna ...... Thunnus obesus yellowfin tuna ...... Thunnus albacares northern bluefin tuna ...... Thunnus thynnus skipjack tuna ...... Katsuwonus pelamis Kawakawa ...... Euthynnus affinis other tuna relatives ...... Auxis spp., Scomber spp., Allothunnus spp. Billfishes: Indo-Pacific blue marlin ...... Makaira mazara black marlin ...... Makaira indica striped marlin ...... Tetrapturus audax shortbill spearfish ...... Tetrapturus angustirostris Swordfish ...... Xiphias gladius Sailfish ...... Istiophorus platypterus Sharks: pelagic thresher shark ...... Alopias pelagicus bigeye thresher shark ...... Alopias superciliosus common thresher shark ...... Alopias vulpinus silky shark ...... Carcharhinus falciformis oceanic whitetip shark ...... Carcharhinus longimanus blue shark ...... Prionace glauca shortfin mako shark ...... Isurus oxyrinchus longfin mako shark ...... Isurus paucus salmon shark ...... Lamna ditropis Other pelagic fishes: mahimahi (dolphinfish) ...... Coryphaena spp. Wahoo ...... Acanthocybium solandri Moonfish ...... Lampris spp. Oilfish ...... Gempylidae Pomfret ...... Bramidae Squid: diamondback squid ...... Thysanoteuthis rhombus neon flying squid ...... Ommastrephes bartramii purpleback flying squid ...... Sthenoteuthis oualaniensis

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00057 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60106 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

§ 665.801 Permits. the EEZ around the PRIA (with the Administrator may request additional (a) A vessel of the United States must exception of Midway Atoll). information. Upon receipt of sufficient be registered for use with a valid permit (g) A vessel of the United States must information, the Regional Administrator under the High Seas Fishing be registered for use under a Western will decide the appeal in accordance Compliance Act if that vessel is used to Pacific squid jig fishing permit, if that with the criteria set out in this part for fish on the high seas, as required under vessel is more than 50 ft (15.4 m) LOA qualifying for, or renewing, limited § 300.15 of this title. and is used to squid jig fish in EEZ access permits. In making such (b) A vessel of the United States must waters around American Samoa, CNMI, decision, the Administrator will review be registered for use under a valid Guam, Hawaii, or PRIA. relevant portions of the Western Pacific Hawaii longline limited access permit if (h) Any required permit must be valid Pelagic FEP, to the extent such review that vessel is used: and on board the vessel and available would clarify the criteria in this part. (1) To fish for western Pacific pelagic for inspection by an authorized agent, Such decision will be based upon MUS using longline gear in the EEZ except that, if the permit was issued (or information relative to the application around the Hawaiian Archipelago; or registered to the vessel) during the on file at NMFS and the Council and (2) To land or transship, shoreward of fishing trip in question, this any additional information available; the outer boundary of the EEZ around requirement applies only after the start the summary record kept of any hearing the Hawaiian Archipelago, western of any subsequent fishing trip. and the hearing officer’s recommended Pacific pelagic MUS that were harvested (i) A permit is valid only for the decision, if any, as provided in using longline gear. vessel for which it is registered. A paragraph (o)(3) of this section; and (c) A vessel of the United States must permit not registered for use with a such other considerations as deemed be registered for use under a valid particular vessel may not be used. appropriate. The Regional American Samoa longline limited access (j) An application for a permit Administrator will notify the appellant permit, in accordance with § 665.816, if required under this section will be of the decision and the reasons that vessel is used to: submitted to PIRO as described in therefore, in writing, normally within 30 (1) Fish for western Pacific pelagic § 665.13. days of the receipt of sufficient MUS using longline gear in the EEZ (k) General requirements governing information, unless additional time is around American Samoa; application information, issuance, fees, needed for a hearing. (2) Land shoreward of the outer expiration, replacement, transfer, (2) If a hearing is requested, or if the boundary of the EEZ around American alteration, display, and sanctions for Regional Administrator determines that Samoa western Pacific pelagic MUS that permits issued under this section, as one is appropriate, the Regional were harvested using longline gear in applicable, are contained in § 665.13. Administrator may grant an informal the EEZ around American Samoa; or (l) A Hawaii longline limited access hearing before a hearing officer (3) Transship shoreward of the outer permit may be transferred as follows: designated for that purpose. Such a boundary of the EEZ around American (1) The owner of a Hawaii longline hearing normally shall be held no later Samoa western Pacific pelagic MUS that limited access permit may apply to than 30 days following receipt of the were harvested using longline gear in transfer the permit: appeal, unless the hearing officer the EEZ around American Samoa or on (i) To a different person for extends the time. The appellant and, at the high seas. registration for use with the same or the discretion of the hearing officer, (d) A vessel of the United States must another vessel; or other interested persons, may appear be registered for use under a valid (ii) For registration for use with personally and/or be represented by western Pacific general longline permit, another U.S. vessel under the same counsel at the hearing and submit American Samoa longline limited access ownership. information and present arguments as permit, or Hawaii longline limited (2) [Reserved] determined appropriate by the hearing access permit if that vessel is used to: (m) A Hawaii longline limited access officer. Within 30 days of the last day (1) Fish for western Pacific pelagic permit will not be registered for use of the hearing, the hearing officer shall MUS using longline gear in the EEZ with a vessel that has a LOA greater recommend, in writing, a decision to the around Guam, CNMI, or PRIA (with the than 101 ft (30.8 m). Regional Administrator. exception of Midway Atoll); or (n) Only a person eligible to own a (3) The Regional Administrator may (2) Land or transship shoreward of the documented vessel under the terms of adopt the hearing officer’s outer boundary of the EEZ around 46 U.S.C. 12102(a) may be issued or recommended decision, in whole or in Guam, CNMI, or PRIA (with the may hold (by ownership or otherwise) a part, or may reject or modify it. In any exception of Midway Atoll), western Hawaii longline limited access permit. event, the Regional Administrator will Pacific pelagic MUS that were harvested (o) Permit appeals. Except as provided notify the appellant, and interested using longline gear. in subpart D of 15 CFR part 904, any persons, if any, of the decision, and the (e) A receiving vessel of the United applicant for a permit or any permit reason(s) therefore, in writing, within 30 States must be registered for use with a owner may appeal to the Regional days of receipt of the hearing officer’s valid receiving vessel permit if that Administrator the granting, denial, recommended decision. The Regional vessel is used to land or transship, conditioning, suspension, or transfer of Administrator’s action shall constitute shoreward of the outer boundary of the a permit or requested permit under this final Agency action for purposes of the EEZ around American Samoa, Hawaii, section. To be considered by the Administrative Procedure Act. Guam, CNMI, or PRIA, western Pacific Regional Administrator, the appeal must (4) In the case of a timely appeal from pelagic MUS that were harvested using be in writing, must state the action(s) an American Samoa longline limited longline gear. appealed, and the reasons therefore, and access permit initial permit decision, (f) A vessel of the United States must must be submitted within 30 days of the the Regional Administrator will issue be registered for use with a valid PRIA action(s) by the Regional Administrator. the appellant a temporary American pelagic troll and handline fishing permit The appellant may request an informal Samoa longline limited access permit. A if that vessel is used to fish for western hearing on the appeal. temporary permit will expire 20 days Pacific pelagic MUS using pelagic (1) Upon receipt of an appeal after the Regional Administrator’s final handline or trolling fishing methods in authorized by this section, the Regional decision on the appeal. In no event will

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00058 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60107

a temporary permit be effective for longline gear, in violation of Administrator imposes by written notice longer than 60 days. § 665.801(c)(3). to either the permit holder or the (5) With the exception of temporary (h) Use a vessel in the EEZ around designated agent of the permit holder to permits issued under paragraph (o)(4) of Guam, CNMI, or PRIA (with the facilitate the details of observer this section, the Regional Administrator, exception of Midway Atoll) without placement. for good cause, may extend any time either a valid Western Pacific general (z) Fail to fish in accordance with the limit prescribed in this section for a longline permit, American Samoa seabird take mitigation techniques set period not to exceed 30 days, either longline limited access permit or a forth at §§ 665.815(a)(1) or 665.815(a)(2) upon his/her own motion or upon Hawaii longline limited access permit when operating a vessel registered for written request from the appellant registered for use with that vessel, to use under a Hawaii longline limited stating the reason(s) therefore. fish for western Pacific pelagic MUS access permit. using longline gear, in violation of (aa) [Reserved] § 665.802 Prohibitions. § 665.801(d)(1). (bb) Engage in shallow-setting without In addition to the prohibitions (i) Use a vessel shoreward of the outer a valid shallow-set certificate for each specified in § 600.725 of this chapter, it boundary of the EEZ around Guam, shallow set made, in violation of is unlawful for any person to do any of CNMI, or PRIA (with the exception of § 665.813(c). the following: Midway Atoll) without either a valid (cc) Own or operate a vessel registered (a) Falsify or fail to make and/or file Western Pacific general longline permit, for use under any longline permit issued all reports of western Pacific pelagic American Samoa longline limited access under § 665.801 while engaged in MUS landings, containing all data and permit or a Hawaii longline limited longline fishing for western Pacific in the exact manner, as required by access permit registered for use with pelagic MUS and fail to be certified for applicable State law or regulation, as that vessel, to land or transship western completion of a NMFS protected species specified in § 665.14(a), provided that Pacific pelagic MUS that were harvested workshop, in violation of § 665.814(a). the person is required to do so by using longline gear, in violation of (dd) Own or operate a vessel applicable State law or regulation. § 665.801(d)(2). registered for use under any longline (b) Use a vessel without a valid permit (j) Use a vessel shoreward of the outer permit issued under § 665.801 while issued under the High Seas Fishing boundary of the EEZ around American engaged in longline fishing for western Compliance Act to fish for western Samoa, CNMI, Guam, Hawaii, or PRIA, Pacific pelagic MUS without having on Pacific pelagic MUS using longline gear, to land or transship western Pacific board a valid protected species on the high seas, in violation of pelagic MUS caught by other vessels workshop certificate issued by NMFS or §§ 665.801(a), and 300.15 of this title. using longline gear, without a valid a legible copy thereof, in violation of (c) Use a vessel in the EEZ around the receiving vessel permit registered for § 665.814(d). Hawaiian Archipelago without a valid use with that vessel, in violation of (ee) Possess light sticks on board a Hawaii longline limited access permit § 665.801(e). vessel registered for use under a Hawaii registered for use with that vessel, to (k) Use a vessel in the EEZ around the longline limited access permit at any fish for western Pacific pelagic MUS PRIA employing handline or trolling time during a trip for which notification using longline gear, in violation of methods to fish for western Pacific to NMFS under § 665.803(a) indicated § 665.801(b)(1). pelagic MUS without a valid PRIA that deep-setting would be done, in violation of § 665.813(d). (d) Use a vessel shoreward of the pelagic troll and handline fishing permit (ff) Fail to carry, or fail to use, a line outer boundary of the EEZ around the registered for use for that vessel, in clipper, dip net, or dehooker on a vessel Hawaiian Archipelago without a valid violation of § 665.801(f). (l) Fish in the fishery after failing to registered for use under any longline Hawaii longline limited access permit comply with the notification permit issued under § 665.801, in registered for use with that vessel, to requirements in § 665.803. violation of § 665.812. land or transship western Pacific pelagic (m) Fail to comply with notification (gg)–(hh) [Reserved] MUS that were harvested with longline requirements set forth in § 665.803 or in (ii) When operating a vessel registered gear, in violation of § 665.801(b)(2). any EFP issued under § 665.17. for use under any longline limited (e) Use a vessel in the EEZ around (n)–(u) [Reserved] access permit issued under § 665.801, American Samoa without a valid (v) Fish with longline gear within a fail to comply with the sea turtle American Samoa longline limited access longline fishing prohibited area, except handling, resuscitation, and release permit registered for use with that as allowed pursuant to an exemption requirements, in violation of vessel, to fish for western Pacific pelagic issued under §§ 665.17 or 665.807, in § 665.812(b). MUS using longline gear, in violation of violation of § 665.806. (jj) Engage in shallow-setting from a § 665.801(c)(1). (w) Fish for western Pacific pelagic vessel registered for use under any (f) Use a vessel shoreward of the outer MUS with longline gear within the longline permit issued under § 665.801 boundary of the EEZ around American protected species zone, in violation of north of the Equator (0° lat.) with hooks Samoa without a valid American Samoa § 665.806(b). other than offset circle hooks sized 18/ longline limited access permit registered (x) Fail to comply with a term or 0 or larger, with a 10° offset, in violation for use with that vessel, to land western condition governing the observer of § 665.813(f). Pacific pelagic MUS that were caught program established in § 665.808, if (kk) Engage in shallow-setting from a with longline gear within the EEZ using a vessel registered for use with a vessel registered for use under any around American Samoa, in violation of Hawaii longline limited access permit, longline permit issued under § 665.801 § 665.801(c)(2). or a vessel registered for use with a size north of the Equator (0° lat.) with bait (g) Use a vessel within the EEZ Class B, C or D American Samoa other than mackerel-type bait, in around American Samoa without a valid longline limited access permit, to fish violation of § 665.813(g). American Samoa longline limited access for western Pacific pelagic MUS using (ll) [Reserved] permit registered for use with that longline gear. (mm) Fail to use a line setting vessel, to transship western Pacific (y) Fail to comply with other terms machine or line shooter, with weighted pelagic MUS that were caught with and conditions that the Regional branch lines, to set the main longline

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00059 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60108 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

when operating a vessel that is (zz) Use a vessel that is greater than protected species zone. The notification registered for use under a Hawaii 50 ft (15.4 m) LOA to squid jig fish in must include the name of the vessel, longline limited access permit and EEZ waters around American Samoa, name of the operator, date and time equipped with monofilament main CNMI, Guam, Hawaii, or PRIA, without (GMT) of access or exit from the longline, when making deep sets north a Western Pacific squid jig fishing protected species zone, and location by of 23° N. lat., in violation of permit registered for use with that latitude and longitude to the nearest § 665.815(a)(1) or (a)(2). vessel, in violation of § 665.801(g). minute. (nn) Fail to employ basket-style (e) The permit holder for any longline gear such that the mainline is § 665.803 Notifications. American Samoa longline limited access deployed slack when operating a vessel (a) The permit holder, or designated permit, or an agent designated by the registered for use under a Hawaii agent, for any vessel registered for use permit holder, must notify the Regional longline limited access north of 23° N. under a Hawaii longline limited access Administrator in writing within 30 days lat., in violation of § 665.815(a)(2)(v). permit, or for any vessel greater than 40 (oo) Fail to maintain and use blue dye ft (12.2 m) LOA that is registered for use of any change to the permit holder’s to prepare thawed bait when operating under an American Samoa longline contact information or any change to the a vessel registered for use under a limited access permit, shall provide a vessel documentation associated with a Hawaii longline limited access permit notice to the Regional Administrator at permit registered to an American Samoa that is fishing north of 23° N. lat., in least 72 hours (not including weekends longline limited access permit. violation of § 665.815(a)(2)(vi) through and Federal holidays) before the vessel Complete changes in the ownership of (viii). leaves port on a fishing trip, any part of the vessel registered to an American (pp) Fail to retain, handle, and which occurs in the EEZ around the Samoa longline limited access permit discharge fish, fish parts, and spent bait, Hawaiian Archipelago or American must also be reported to PIRO in writing strategically when operating a vessel Samoa. The vessel operator will be within 30 days of the change. Failure to registered for use under a Hawaii presumed to be an agent designated by report such changes may result in a longline limited access permit that is the permit holder unless the Regional delay in processing an application, fishing north of 23° N. lat., in violation Administrator is otherwise notified by permit holders failing to receive of § 665.815(a)(2)(i) through (iv). the permit holder. The permit holder or important notifications, or sanctions (qq) Fail to be begin the deployment designated agent for a vessel registered pursuant to the Magnuson-Stevens Act of longline gear at least 1 hour after for use under Hawaii longline limited at 16 U.S.C. 1858(g) or 15 CFR part 904, local sunset or fail to complete the access permits must also provide subpart D. setting process before local sunrise from notification of the trip type (either deep- § 665.804 Gear identification. a vessel registered for use under a setting or shallow-setting). Hawaii longline limited access permit (b) The permit holder, or designated (a) Identification. The operator of each while shallow-setting north of 23° N. agent, for any vessel registered for use permitted vessel in the fishery lat., in violation of § 665.815(a)(4). under a Western Pacific squid jig fishing management area must ensure that the (rr) Fail to handle short-tailed permit that is greater than 50 ft (15.4 m) official number of the vessel be affixed albatrosses that are caught by pelagic LOA, shall provide a notice to the to every longline buoy and float, longline gear in a manner that Regional Administrator at least 72 hours including each buoy and float that is maximizes the probability of their long- (not including weekends and Federal attached to a radar reflector, radio term survival, in violation of holidays) before the vessel leaves port antenna, or flag marker, whether § 665.815(b). on a fishing trip, any part of which attached to a deployed longline or (ss) Engage in shallow-setting from a occurs in western Pacific EEZ waters. possessed on board the vessel. Markings vessel registered for use under a Hawaii The vessel operator will be presumed to must be legible and permanent, and longline limited access permit after the be an agent designated by the permit must be of a color that contrasts with shallow-set component of the longline holder unless the Regional the background material. fishery has been closed pursuant to Administrator is otherwise notified by (b) Enforcement action. Longline gear § 665.813(b), in violation of § 665.813(i). the permit holder. (tt) Fail to immediately retrieve (c) For purposes of this section, the not marked in compliance with longline fishing gear upon receipt of notice must be provided to the office or paragraph (a) of this section and found actual notice that the shallow-set telephone number designated by the deployed in the EEZ will be considered component of the longline fishery has Regional Administrator. The notice unclaimed or abandoned property, and been closed pursuant to § 665.813(b), in must provide the official number of the may be disposed of in any manner violation of § 665.813(i). vessel, the name of the vessel, the considered appropriate by NMFS or an (uu)–(vv) [Reserved] intended departure date, time, and authorized officer. location, the name of the operator of the (ww) Fail to handle seabirds other § 665.805 [Reserved] than short-tailed albatrosses that are vessel, and the name and telephone caught by pelagic longline gear in a number of the permit holder or § 665.806 Longline fishing prohibited area manner that maximizes the probability designated agent to be available between management. of their long-term survival, in violation 8 a.m. and 5 p.m. (local time) on (a) Prohibited areas. Longline fishing of § 665.815(c). weekdays for NMFS to contact to (xx) Use a large vessel to fish for arrange observer placement. shall be prohibited in the longline western Pacific Pelagic MUS within an (d) The operator of any vessel subject fishing prohibited areas as defined in American Samoa large vessel prohibited to the requirements of this subpart who paragraphs (b), (c), and (d) of this area except as allowed pursuant to an does not have on board a VMS unit section. exemption issued under § 665.818. while transiting the protected species (b) Longline protected species zone. (yy) Fish for western Pacific pelagic zone as defined in § 665.806, must (1) The protected species zone is 50 nm MUS using gear prohibited under notify the NMFS Special-Agent-In- from the center geographical positions § 665.810 or not permitted by an EFP Charge immediately upon entering and of certain islands and reefs in the issued under § 665.17. immediately upon departing the NWHI, as follows:

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00060 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60109

Name N. lat. W. long.

Nihoa Island ...... 23°05′ 161°55′ Necker Island ...... 23°35′ 164°40′ French Frigate Shoals ...... 23°45′ 166°15′ Gardner Pinnacles ...... 25°00′ 168°00′ Maro Reef ...... 25°25′ 170°35′ Laysan Island ...... 25°45′ 171°45′ Lisianski Island ...... 26°00′ 173°55′ Pearl and Hermes Reef ...... 27°50′ 175°50′ Midway Island ...... 28°14′ 177°22′ Kure Island ...... 28°25′ 178°20′

(2) Where the areas are not Point N. lat. W. long. (b) Each exemption shall specify the contiguous, parallel lines drawn tangent portion(s) of the Hawaii longline fishing to and connecting those semicircles of D ...... 20°40′ 161°40′ prohibited area, bounded by the 50-nm areas that lie between Nihoa C ...... 20°00′ 157°30′ longitudinal and latitudinal lines drawn ° ′ ° ′ Island and Necker Island, French Frigate B ...... 18 20 156 25 to include each statistical area, as A ...... 18°05′ 155°40′ Shoals and Gardner Pinnacles, Gardner appearing on Hawaii State Commercial Pinnacles and Maro Reef, and Lisianski (d) Guam. The longline fishing Fisheries Charts, in which the Island and Pearl and Hermes Reef, shall prohibited area around Guam is the exemption holder made the harvest delimit the remainder of the protected waters seaward of Guam bounded by documented for the exemption species zone. straight lines connecting the following application under paragraph (a)(4) of (c) Main Hawaiian Islands (MHI). coordinates in the order listed: this section. (1) From February 1–September 30 (c) Each exemption is valid only each year, the longline fishing Point N. lat. E. long. within the portion(s) of the Hawaii prohibited area around the MHI is the longline fishing prohibited area portion of the EEZ seaward of Hawaii A ...... 14°25′ 144°00′ specified on the exemption. bounded by straight lines connecting B ...... 14°00′ 143°38′ (d) A person seeking an exemption C ...... 13°41′ 143°33′33″ under this section must submit an the following coordinates in the order ° ′ ° ′ ″ listed: D ...... 13 00 143 25 30 application and supporting E ...... 12°20′ 143°37′ F ...... 11°40′ 144°09′ documentation to PIRO at least 15 days Point N. lat. W. long. G ...... 12°00′ 145°00′ before the desired effective date of the H ...... 13°00′ 145°42′ exemption. A ...... 18°05′ 155°40′ ° ′ ° ′ ° ′ ° ′ I ...... 13 27 145 51 (e) If the Regional Administrator B ...... 18 20 156 25 determines that a gear conflict has C ...... 20°00′ 157°30′ D ...... 20°40′ 161°40′ § 665.807 Exemptions for longline fishing occurred and is likely to occur again in E ...... 21°40′ 161°55′ prohibited areas; procedures. the Hawaii longline fishing prohibited F ...... 23°00′ 161°30′ (a) An exemption permitting a person area between a vessel used by a person G ...... 23°05′ 159°30′ to use longline gear to fish in a holding an exemption under this section H ...... 22°55′ 157°30′ portion(s) of the Hawaii longline fishing and a non-longline vessel, the Regional ° ′ ° ′ I ...... 21 30 155 30 prohibited area will be issued to a Administrator may prohibit all longline J ...... 19°50′ 153°50′ fishing in the Hawaii longline fishing ° ′ ° ′ person who can document that he or K ...... 19 00 154 05 prohibited area around the island where A ...... 18°05′ 155°40′ she: (1) Currently owns a Hawaii longline the conflict occurred, or in portions thereof, upon notice to each holder of an (2) From October 1 through the limited access permit issued under this part and registered for use with his or exemption who would be affected by following January 31 each year, the such a prohibition. longline fishing prohibited area around her vessel; (2) Before 1970, was the owner or (f) The Council will consider the MHI is the portion of the EEZ operator of a vessel when that vessel information provided by persons with seaward of Hawaii bounded by straight landed western Pacific pelagic MUS Hawaii longline limited access permits lines connecting the following taken on longline gear in an area that is issued under this part who believe they coordinates in the order listed: now within the Hawaii longline fishing have experienced extreme financial Point N. lat. W. long. prohibited area; hardship resulting from the Hawaii (3) Was the owner or operator of a longline area closure, and will consider A ...... 18°05′ 155°40′ vessel that landed western Pacific recommendations of the Pelagic L ...... 18°25′ 155°40′ pelagic MUS taken on longline gear in Advisory Review Board to assess M ...... 19°00′ 154°45′ an area that is now within the Hawaii whether exemptions under this section N ...... 19°15′ 154°25′ longline fishing prohibited area, in at should continue to be allowed, and, if O ...... 19°40′ 154°20′ least 5 calendar years after 1969, which appropriate, revise the qualifying ° ′ ° ′ P ...... 20 20 154 55 need not be consecutive; and criteria in paragraph (a) of this section Q ...... 20°35′ 155°30′ ° ′ ° ′ (4) In any one of the 5 calendar years, to permit additional exemptions. R ...... 21 00 155 35 was the owner or operator of a vessel S ...... 22°30′ 157°35′ (1) If additional exemptions are T ...... 22°40′ 159°35′ that harvested at least 80 percent of its needed, the Council will advise the U ...... 22°25′ 160°20′ total landings, by weight, of longline- Regional Administrator in writing of its V ...... 21°55′ 160°55′ caught western Pacific pelagic MUS in recommendation, including criteria by W ...... 21°40′ 161°00′ an area that is now in the Hawaii which financial hardships will be E ...... 21°40′ 161°55′ longline fishing prohibited area. mitigated, while retaining the

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00061 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60110 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

effectiveness of the longline fishing (2) Allowing the observer access to all medical services. Payment will be based prohibited area. areas of the vessel necessary to conduct on the current target fish market prices (2) Following a review of the observer duties. and that vessel’s average target fish Council’s recommendation and (3) Allowing the observer access to catch retained per day at sea for the supporting rationale, the Regional communications equipment and previous 2 years, but shall not exceed Administrator may: navigation equipment as necessary to $5,000 per day or $20,000 per claim. (i) Reject the Council’s perform observer duties. Detailed billing with receipts and recommendation, in which case written (4) Allowing the observer access to supporting records are required for reasons will be provided by the VMS units to verify operation, obtain allowable communication and lost Regional Administrator to the Council data, and use the communication fishing time claims. The claim must be for the rejection; or capabilities of the units for official completed in ink, showing the (ii) Concur with the Council’s purposes. claimant’s printed name, address, vessel recommendation and, after finding that (5) Providing accurate vessel locations name, observer name, trip dates, days it is consistent with the goals and by latitude and longitude or loran observer was on board, an explanation objectives of the Pelagics FEP, the coordinates, upon request by the of the charges, and claimant’s dated national standards, and other applicable observer. signature with a statement verifying the law, initiate rulemaking to implement (6) Providing sea turtle, marine claim to be true and correct. Requested the Council’s recommendations. mammal, or seabird specimens as reimbursement claims must be requested. submitted to the Fisheries Observer § 665.808 Conditions for at-sea observer (7) Notifying the observer in a timely Branch, Pacific Islands Region, NMFS. coverage. fashion when commercial fishing NMFS will not process reimbursement (a) NMFS shall advise the permit operations are to begin and end. invoices and documentation submitted holder or the designated agent of any (g) The permit holder, operator, and more than 120 days after the occurrence. observer requirement at least 24 hours crew must comply with other terms and (j) If a vessel normally has cabins for (not including weekends and Federal conditions to ensure the effective crew members, female observers on a holidays) before any trip for which deployment and use of observers that vessel with an all-male crew must be NMFS received timely notice in the Regional Administrator imposes by accommodated either in a single person compliance with these regulations. written notice. cabin or, if NMFS concludes that (b) The ‘‘Notice Prior to Fishing Trip’’ (h) The permit holder must ensure adequate privacy can be ensured by requirements in this subpart commit the that assigned observers are provided installing a curtain or other temporary permit holder to the representations in living quarters comparable to crew divider, in a two-person shared cabin. If the notice. The notice can be modified members and are provided the same the vessel normally does not have by the permit holder or designated agent meals, snacks, and amenities as are cabins for crew members, alternative because of changed circumstance, if the normally provided to other vessel accommodations must be approved by Regional Administrator is promptly personnel. A mattress or futon on the NMFS. If a cabin assigned to a female provided a modification to the notice floor or a cot is not acceptable if a observer does not have its own toilet that complies with the notice regular bunk is provided to any crew and shower facilities that can be requirements. The notice will also be member, unless other arrangements are provided for the exclusive use of the considered modified if the Regional approved in advance by the Regional observer, or if no cabin is assigned, then Administrator and the permit holder or Administrator. arrangements for sharing common (i) Reimbursement requirements are designated agent agrees to placement facilities must be established and as follows: approved in advance by NMFS. changes. (1) Upon observer verification of (c) When NMFS notifies the permit vessel accommodations and the number § 665.809 Port privileges and transiting for holder or designated agent of the of assigned days on board, NMFS will unpermitted U.S. longline vessels. obligation to carry an observer in reimburse vessel owners a reasonable A U.S. longline fishing vessel that response to a notification under this amount for observer subsistence as does not have a permit under subpart A subpart, or as a condition of an EFP determined by the Regional of this part may enter waters of the issued under § 665.17, the vessel may Administrator. fishery management area with western not engage in the fishery without taking (2) If requested and properly Pacific pelagic MUS on board, but may the observer. documented, NMFS will reimburse the not land or transship any western (d) A NMFS observer shall arrive at vessel owner for the following: Pacific pelagic MUS on board the vessel. the observer’s assigned vessel 30 (i) Communications charges incurred The vessel’s longline gear must be minutes before the time designated for by the observer. stowed or secured so it is rendered departure in the notice or the notice as (ii) Lost fishing time arising from a unusable during the time the vessel is modified, and will wait 1 hour for seriously injured or seriously ill in those waters. departure. observer, provided that notification of (e) A permit holder must the nature of the emergency is § 665.810 Prohibition of drift gillnetting. accommodate a NMFS observer transmitted to the Observer Program, Fishing with drift gillnets in the assigned under these regulations. The NMFS (see address for PIRO Regional fishery management area is prohibited, Regional Administrator’s office, and not Administrator) at the earliest practical except where authorized by an EFP the observer, will address any concerns time. NMFS will reimburse the owner issued under § 665.17. raised over accommodations. only for those days during which the § 665.811 [Reserved] (f) The permit holder, vessel operator, vessel is unable to fish as a direct result and crew must cooperate with the of helping the NMFS employee who is § 665.812 Sea turtle take mitigation observer in the performance of the seriously injured or seriously ill. Lost measures. observer’s duties, including: fishing time is based on time travelling (a) Possession and use of required (1) Allowing for the embarking and to and from the fishing grounds and any mitigation gear. The gear required in debarking of the observer. documented out-of-pocket expenses for paragraph (a) of this section must be

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60111

used according to the sea turtle contained in a holder, or otherwise fastened to an extended reach handle or handling requirements set forth in afforded some protection to minimize pole with a length equal to or greater paragraph (b) of this section. direct contact of the cutting surface with than 150 percent of the vessel’s (1) Hawaii longline limited access sea turtles or users of the cutting blade. freeboard or 6 ft (1.83 m), whichever is permits. Any owner or operator of a (ii) Cutting blade edge. The blade greater. It is recommended that the vessel registered for use under a Hawaii must be capable of cutting 2.0–2.1 mm handle be designed so that it breaks longline limited access permit must monofilament line and nylon or down into sections. The handle must be carry aboard the vessel line clippers polypropylene multistrand material sturdy and strong enough to facilitate meeting the minimum design standards commonly known as braided mainline the secure attachment of the hook specified in paragraph (a)(5) of this or tarred mainline. removal device. section, dip nets meeting the minimum (iii) An extended reach holder for the (ii) Long-handled dehooker for design standards specified in paragraph cutting blade. The line clipper must external hooks. This item is intended to (a)(6) of this section, and dehookers have an extended reach handle or pole be used to remove externally-hooked meeting the minimum design and of at least 6 ft (1.82 m). hooks from sea turtles that cannot be performance standards specified in (iv) Secure fastener. The cutting blade boated. The long-handled dehooker for paragraph (a)(7) of this section. must be securely fastened to the ingested hooks described in paragraph (2) Other longline vessels with extended reach handle or pole to ensure (a)(7)(i) of this section meets this freeboards of more than 3 ft (0.91m). effective deployment and use. requirement. The minimum design and Any owner or operator of a longline (6) Dip nets. Dip nets are intended to performance standards are as follows: vessel with a permit issued under facilitate safe handling of sea turtles and (A) Construction. The device must be § 665.801 other than a Hawaii limited access to sea turtles for purposes of constructed of 5/16 inch (7.94 mm) 316 access longline permit and that has a cutting lines in a manner that minimizes L stainless steel rod. A 5 inch (12.70 cm) freeboard of more than 3 ft (0.91 m) injury and trauma to sea turtles. The tube T-handle of 1 inch (2.54 cm) must carry aboard the vessel line minimum design standards for dip nets outside diameter is recommended, but clippers meeting the minimum design that meet the requirements of this not required. The dehooking end must standards specified in paragraph (a)(5) section nets are: be blunt with all edges rounded. The of this section, dip nets meeting the (i) An extended reach handle. The dip device must be of a size capable of minimum design standards specified in net must have an extended reach handle securing the range of hook sizes and paragraph (a)(6) of this section, and of at least 6 ft (1.82 m) of wood or other styles used by the vessel. dehookers meeting this minimum rigid material able to support a (B) Handle. The handle must have a design and performance standards minimum of 100 lb (34.1 kg) without length equal to or greater than the specified in paragraph (a)(7) of this breaking or significant bending or vessel’s freeboard or 3 ft (0.91 m), section. distortion. whichever is greater. (3) Other longline vessels with (ii) Size of dip net. The dip net must (iii) Long-handled device to pull an freeboards of 3 ft (0.91 m) or less. Any have a net hoop of at least 31 inches ‘‘inverted V.’’ This item is intended to owner or operator of a longline vessel (78.74 cm) inside diameter and a bag be used to pull an ‘‘inverted V’’ in the with a permit issued under § 665.801 depth of at least 38 inches (96.52 cm). fishing line when disentangling and other than a Hawaii limited access The bag mesh openings may be no more dehooking entangled sea turtles. One longline permit and that has a freeboard than 3 inches by 3 inches (7.62 cm by long-handled device to pull an of 3 ft (0.91 m) or less must carry aboard 7.62 cm). ‘‘inverted V’’ is required on board. The their vessels line clippers capable of (7) Dehookers. long-handled dehooker for external cutting the vessels fishing line or leader (i) Long-handled dehooker for hooks described in paragraph (a)(7)(ii) within approximately 1 ft (0.3 m) of the ingested hooks. This item is intended to of this section meets this requirement. eye of an embedded hook, as well as be used to remove ingested hooks from The minimum design and performance wire or bolt cutters capable of cutting sea turtles that cannot be boated, and to standards are as follows: through the vessel’s hooks. engage a loose hook when a turtle is (A) Hook end. It must have a hook- (4) Handline, troll, pole-and-line, and entangled but not hooked and line is shaped end, like that of a standard boat other vessels using hooks other than being removed. One long-handled hook or gaff, which must be constructed longline vessels. Any owner or operator dehooker for ingested hooks is required of stainless steel or aluminum. of a vessel fishing under the Pelagics on board. The minimum design and (B) Handle. The handle must have a FEP with hooks other than longline gear performance standards are as follows: length equal to or greater than 150 are not required to carry specific (A) Hook removal device. The hook percent of the vessel’s freeboard or 6 ft mitigation gear, but must comply with removal device must be constructed of (1.83 m), whichever is greater. The the handling requirements set forth in 5⁄16 inch (7.94 mm) 316 L stainless steel handle must be sturdy and strong paragraph (b) of this section. and have a dehooking end no larger enough to allow the hook end to be (5) Line clippers. Line clippers are than 17⁄8 inches (4.76 cm) outside effectively used to engage and pull an intended to cut fishing line as close as diameter. The device must be capable of ‘‘inverted V’’ in the line. possible to hooked or entangled sea securely engaging and controlling the (iv) Tire. This item is intended to be turtles. NMFS has established minimum leader while shielding the barb of the used for supporting a turtle in an design standards for line clippers. The hook to prevent the hook from re- upright orientation while it is on board. Arceneaux line clipper (ALC) is a model engaging during removal. It must not One tire is required on board, but an line clipper that meets these minimum have any unprotected terminal points assortment of sizes is recommended to design standards and may be fabricated (including blunt ones), as these could accommodate a range of turtle sizes. The from readily available and low-cost cause injury to the esophagus during tire must be a standard passenger materials (see Figure 3 to this part). The hook removal. The device must be of a vehicle tire and must be free of exposed minimum design standards are as size capable of securing the range of steel belts. follows: hook sizes and styles used by the vessel. (v) Short-handled dehooker for (i) A protected cutting blade. The (B) Extended reach handle. The hook ingested hooks. This item is intended to cutting blade must be curved, recessed, removal device must be securely be used to remove ingested hooks,

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00063 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60112 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

externally hooked hooks, and hooks in and 3⁄4 to 11⁄4 inches (1.90 to 3.18 cm) following sizes: small (5 inches, 12.7 the front of the mouth of sea turtles that in diameter. cm), medium (6 inches, 15.2 cm), and can be boated. One short-handled (vii) Long-nose or needle-nose pliers. large (7 inches, 17.8 cm). They must be dehooker for ingested hooks is required This item is intended to be used to constructed of stainless steel. A 13⁄4 inch on board. The minimum design and remove deeply embedded hooks from (4.45 cm) long piece of vinyl tubing (3⁄4 performance standards are as follows: the turtle’s flesh that must be twisted in inch, 1.91 cm) outside diameter and 5⁄8 (A) Hook removal device. The hook order to be removed, and also to hold inch (1.59 cm) inside diameter) must be removal device must be constructed of in place PVC splice couplings when placed over the ends of the gags to 1⁄4 inch (6.35 mm) 316 L stainless steel, used as mouth openers. One pair of protect the turtle’s beak. and the design of the dehooking end long-nose or needle-nose pliers is (C) A set of two sturdy canine chew must be such to allow the hook to be required on board. The minimum design bones. A canine chew bone is intended secured and the barb shielded without standards are as follows: The pliers to be used to gag open a turtle’s mouth re-engaging during the hook removal must be 8 to 14 inches (20.32 to 35.56 by placing it in the corner of the jaw. process. The dehooking end must be no cm) in length. It is recommended that They must be constructed of durable larger than 15⁄16 inch (3.33 cm) outside they be constructed of stainless steel nylon, zylene resin, or thermoplastic diameter. It must not have any material. polymer, and strong enough to unprotected terminal points (including (viii) Wire or bolt cutters. This item is withstand biting without splintering. To blunt ones), as this could cause injury intended to be used to cut through accommodate a variety of turtle beak hooks in order to remove all or part of to the esophagus during hook removal. sizes, a set must include one large (51⁄2 The dehooking end must be of a size the hook. One pair of wire or bolt to 8 inches (13.97 to 20.32 cm) in cutters is required on board. The appropriate to secure the range of hook length) and one small (31⁄2 to 41⁄2 inches sizes and styles used by the vessel. minimum design and performance (8.89 to 11.43 cm) in length) canine (B) Sliding plastic bite block. The standards are as follows: The wire or chew bones. bolt cutters must be capable of cutting dehooker must have a sliding plastic (D) A set of two rope loops covered hard metals, such as stainless or carbon bite block, which is intended to be used with hose. A set of two rope loops steel hooks, and they must be capable of to protect the sea turtle’s beak and covered with a piece of hose is intended cutting through the hooks used by the facilitate hook removal if the turtle bites to be used as a mouth opener and to vessel. down on the dehooker. The bite block keep a turtle’s mouth open during hook 3 (ix) Monofilament line cutters. This must be constructed of a ⁄4 inch (1.91 item is intended to be used to cut and and/or line removal. A set consists of cm) inside diameter high impact plastic remove fishing line as close to the eye two 3-foot (0.91 m) lengths of poly braid cylinder (for example, Schedule 80 rope, each covered with an 8 inch (20.32 of the hook as possible if the hook is 1 3 PVC) that is 10 inches (25.40 cm) long. swallowed or cannot be removed. One cm) section of ⁄2 inch (1.27 cm) or ⁄4 The dehooker and bite block must be pair of monofilament line cutters is inch (1.91 cm) light-duty garden hose, configured to allow for 5 inches (12.70 required on board. The minimum design and each tied into a loop. cm) of slide of the bite block along the standards are as follows: Monofilament (E) A hank of rope. A hank of rope is shaft of the dehooker. line cutters must be 6 to 9 inches (15.24 intended to be used to gag open a sea (C) Shaft and handle. The shaft must to 22.86 cm) in length. The blades must turtle’s mouth by placing it in the corner be 16 to 24 inches (40.64 to 60.69 cm) 3 5 of the jaw. A hank of rope is made from be 1 ⁄4 (4.45 cm) in length and ⁄8 inches in length, and must have a T-handle 4 (1.59 cm) wide when closed. a 6 foot (1.83 m) lanyard of braided to 6 inches (10.16 to 15.24 cm) in length (x) Mouth openers and gags. These nylon rope that is folded to create a and 3⁄4 to 11⁄4 inches (1.90 to 3.18 cm) items are intended to be used to open hank, or looped bundle, of rope. The in diameter. the mouths of boated sea turtles, and to hank must be 2 to 4 inches (5.08 to (vi) Short-handled dehooker for keep them open when removing 10.16 cm) in thickness. external hooks. This item is intended to ingested hooks in a way that allows the (F) A set of four PVC splice couplings. be used to remove externally hooked hook or line to be removed without PVC splice couplings are intended to be hooks from sea turtles that can be causing further injury to the turtle. At used to allow access to the back of the boated. One short-handled dehooker for least two of the seven different types of mouth of a turtle for hook and line external hooks is required on board. The mouth openers and gags described removal by positioning them inside a short-handled dehooker for ingested below are required on board. The seven turtle’s mouth and holding them in hooks required to comply with types and their minimum design place with long-nose or needle-nose paragraph (a)(7)(v) of this section meets standards are as follows. pliers. The set must consist of the this requirement. The minimum design (A) A block of hard wood. A block of following Schedule 40 PVC splice and performance standards are as hard wood is intended to be used to gag coupling sizes: 1 inch (2.54 cm), 11⁄4 follows: open a turtle’s mouth by placing it in inches (3.18 cm), 11⁄2 inches (3.81 cm), (A) Hook removal device. The hook the corner of the jaw. It must be made and 2 inches (5.08 cm). removal device must be constructed of of hard wood of a type that does not (G) A large avian oral speculum. A 5⁄16 inch (7.94 cm) 316 L stainless steel, splinter (for example, maple), and it large avian oral speculum is intended to and the design must be such that a hook must have rounded and smoothed be used to hold a turtle’s mouth open can be rotated out without pulling it out edges. The dimensions must be 10 to 12 and control the head with one hand at an angle. The dehooking end must be inches (24.50 to 30.48 cm) by 3⁄4 to 11⁄4 while removing a hook with the other blunt, and all edges rounded. The inches (1.90 to 3.18 cm) by 3⁄4 to 11⁄4 hand. It must be 9 inches (22.86 cm) in device must be of a size appropriate to inches (1.90 to 3.18 cm). length and constructed of 3⁄16 inch (4.76 secure the range of hook sizes and styles (B) A set of three canine mouth gags. mm) wire diameter surgical stainless used by the vessel. A canine mouth gag is intended to be steel (Type 304). It must be covered (B) Shaft and handle. The shaft must used to gag open a turtle’s mouth while with 8 inches (20.32 cm) of clear vinyl be 16 to 24 inches (40.64 to 60.69 cm) allowing hands-free operation after it is tubing 5⁄16 inch (7.94 mm) outside in length, and must have a T-handle 4 in place. A set of canine mouth gags diameter, 3⁄16 inch (4.76 mm) inside to 6 inches (10.16 to 15.24 cm) in length must include one of each of the diameter.

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00064 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60113

(b) Handling requirements. If a sea revive within the 24-hour period must (4) No later than December 1 of each turtle is observed to be hooked or also be returned to the sea in the year, the Regional Administrator will entangled in fishing gear from any manner described in paragraph (b)(4) of send shallow-set certificates valid for vessel fishing under the Pelagics FEP, this section. the upcoming calendar year to all vessel owners and operators must use (4) Sea turtle release. After handling holders of Hawaii longline limited the required mitigation gear set forth in a sea turtle in accordance with the access permits, as of the just previous paragraph (a) of this section to comply requirements of paragraphs (b)(2) and November 1, that provided notice of with these handling requirements. Any (b)(3) of this section, the sea turtle must interest to the Regional Administrator hooked or entangled sea turtle must be be returned to the ocean after pursuant to paragraph (a)(3) of this handled in a manner to minimize injury identification unless NMFS requests the section. and promote survival. retention of a dead sea turtle for (b) Limits on sea turtle interactions. (1) Sea turtles that cannot be brought research. In releasing a sea turtle the (1) Maximum annual limits are aboard. In instances where a sea turtle vessel owner or operator must: established on the numbers of physical is too large to be brought aboard or the (i) Place the vessel engine in neutral interactions that occur each calendar sea turtle cannot be brought aboard gear so that the propeller is disengaged year between leatherback and without causing further injury to the sea and the vessel is stopped, and release loggerhead sea turtles and vessels turtle, the vessel owner or operator must the sea turtle away from deployed gear; registered for use under Hawaii longline disentangle and remove the gear, or cut and limited access permits while shallow- the line as close as possible to the hook (ii) Observe that the turtle is safely setting. The limits are based on the or entanglement, to remove the away from the vessel before engaging annual numbers of the two turtle maximum amount of the gear from the the propeller and continuing operations. species expected to be captured in the sea turtle. (5) Other sea turtle requirements. No shallow-set component of the Hawaii- (2) Sea turtles that can be brought sea turtle, including a dead turtle, may based fishery, as indicated in the aboard. In instances where a sea turtle be consumed or sold. A sea turtle may incidental take statement of the is not too large to be brought aboard, or be landed, offloaded, transshipped or biological opinion issued by NMFS the sea turtle can be brought aboard kept below deck only if NMFS requests pursuant to section 7 of the Endangered without causing further injury to the the retention of a dead sea turtle for Species Act. If the numbers in the turtle, the vessel owner or operator must research. incidental take statement are modified take the following actions: or if a new biological opinion is issued, (i) Immediately bring the sea turtle § 665.813 Western Pacific longline fishing new rulemaking will be undertaken to restrictions. aboard; change the interaction limits (ii) Handle the sea turtle in (a) Annual effort limit on shallow- accordingly. The limits are as follows: accordance with the procedures in setting by Hawaii longline vessels. (i) The annual limit for leatherback paragraphs (b)(3) and (b)(4) of this (1) A maximum annual limit of 2,120 sea turtles (Dermochelys coriacea) is section; and is established on the number of shallow- sixteen (16). (iii) Disentangle and remove the gear, set certificates that will be made (ii) The annual limit for loggerhead or cut the line as close as possible to the available each calendar year to vessels sea turtles (Caretta caretta) is seventeen hook or entanglement, to remove the registered for use under Hawaii longline (17). maximum amount of the gear from the limited access permits. (2) Upon determination by the sea turtle. (2) The Regional Administrator will Regional Administrator that, based on (3) Sea turtle resuscitation. If a sea divide the 2,120-set annual effort limit data from NMFS observers, either of the turtle appears dead or comatose, the each calendar year into equal shares two sea turtle interaction limits has following actions must be taken: such that each holder of a Hawaii been reached during a given calendar (i) Place the sea turtle on its belly (on longline limited access permit who year: the bottom shell or plastron) so that the provides notice of interest to the (i) As soon as practicable, the sea turtle is right side up and its Regional Administrator no later than Regional Administrator will file for hindquarters elevated at least 6 inches November 1 prior to the start of the publication at the Office of the Federal (15.24 cm) for a period of no less than calendar year, pursuant to paragraph Register a notification of the sea turtle 4 hours and no more than 24 hours. The (a)(3) of this section, receives one share interaction limit having been reached. amount of the elevation varies with the for each permit held. If such division The notification will include an size of the sea turtle; greater elevations would result in shares containing a advisement that the shallow-set are needed for larger sea turtles; fraction of a set, the annual effort limit component of the longline fishery shall (ii) Administer a reflex test at least will be adjusted downward such that be closed, and that shallow-set longline once every 3 hours. The test is to be each share consists of a whole number fishing north of the Equator by vessels performed by gently touching the eye of sets. registered for use under Hawaii longline and pinching the tail of a sea turtle to (3) Any permit holder who provides limited access permits will be determine if the sea turtle is responsive; notice according to this paragraph (a) is prohibited beginning at a specified date, (iii) Keep the sea turtle shaded and eligible to receive shallow-set until the end of the calendar year in damp or moist (but under no certificates. In order to be eligible to which the sea turtle interaction limit circumstances place the sea turtle into receive shallow-set certificates for a was reached. Coincidental with the a container holding water). A water- given calendar year, holders of Hawaii filing of the notification, the Regional soaked towel placed over the eyes, longline limited access permits must Administrator will also provide actual carapace and flippers is the most provide written notice to the Regional notice that the shallow-set component effective method of keeping a sea turtle Administrator of their interest in of the longline fishery shall be closed, moist; and receiving such certificates no later than and that shallow-set longline fishing (iv) Return to the sea any sea turtle November 1 prior to the start of the north of the Equator by vessels that revives and becomes active in the calendar year, except for 2004, the registered for use under Hawaii longline manner described in paragraph (b)(4) of notification deadline for which is May limited access permits will be this section. Sea turtles that fail to 1, 2004. prohibited beginning at a specified date,

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00065 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60114 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

to all holders of Hawaii longline limited plane of the eyed end, or shank, of the south of 23° N. lat., owners and access permits via telephone, satellite hook when laid on its side. operators of vessels registered for use telephone, radio, electronic mail, (g) Any owner or operator of a vessel under a Hawaii longline limited access facsimile transmission, or post. registered for use under any longline permit, must either side-set according to (ii) Beginning on the fishery closure permit issued under § 665.801 must use paragraph (a)(1) of this section, or fish date indicated by the Regional only mackerel-type bait when shallow- in accordance with paragraph (a)(2) of Administrator in the notification setting north of the Equator (0° lat.). As this section. provided to vessel operators and permit used in this paragraph, mackerel-type (1) Side-setting. Owners and operators holders and published in the Federal bait means a whole fusiform fish with of vessels opting to side-set under this Register under paragraph (b)(2)(i) of this a predominantly blue, green or gray section must fish according to the section, until the end of the calendar back and predominantly gray, silver or following specifications: year in which the sea turtle interaction white lower sides and belly. (i) The mainline must be deployed as limit was reached, the Hawaii-based (h) Owners and operators of vessels far forward on the vessel as practicable, shallow-set component of the longline registered for use under a Hawaii and at least 1 m (3.3 ft) forward from the fishery shall be closed. longline limited access permit may stern of the vessel; (c) Owners and operators of vessels make sets only of the type (shallow- (ii) The mainline and branch lines registered for use under a Hawaii setting or deep-setting) indicated in the must be set from the port or the longline limited access permit may notification to NMFS pursuant to starboard side of the vessel; engage in shallow-setting north of the § 665.803(a). (iii) If a mainline shooter is used, the Equator (0° lat.) providing that there is (i) Vessels registered for use under mainline shooter must be mounted as on board one valid shallow-set Hawaii longline limited access permits far forward on the vessel as practicable, certificate for every shallow-set that is may not be used to engage in shallow- and at least 1 m (3.3 ft) forward from the made north of the Equator (0° lat.) setting north of the Equator (0° lat.) any stern of the vessel; during the trip. For each shallow-set time during which the shallow-set (iv) Branch lines must have weights made north of the Equator (0° lat.) vessel component of the longline fishery is with a minimum weight of 45 g (1.6 oz); (v) One weight must be connected to operators must submit one valid closed pursuant to paragraph (b)(2)(ii) of each branch line within 1 m (3.3 ft) of shallow-set certificate to the Regional this section. each hook; Administrator. The certificate must be (j) Owners and operators of vessels (vi) When seabirds are present, the attached to the original logbook form registered for use under a Hawaii longline gear must be deployed so that that corresponds to the shallow-set and longline limited access permit may land baited hooks remain submerged and do that is submitted to the Regional or possess no more than 10 swordfish not rise to the sea surface; and Administrator within 72 hours of each from a fishing trip for which the permit holder notified NMFS under (vii) A bird curtain must be deployed. landing of MUS as required under Each bird curtain must consist of the § 665.14. § 665.803(a) that the vessel would engage in a deep-setting trip. following three components: a pole that (d) Vessels registered for use under a is fixed to the side of the vessel aft of Hawaii longline limited access permit § 665.814 Protected species workshop. the line shooter and which is at least 3 may not have on board at any time (a) Each year, both the owner and the m (9.8 ft) long; at least three main during a trip for which notification to operator of a vessel registered for use streamers that are attached at regular NMFS under § 665.803(a) indicated that under any longline permit issued under intervals to the upper 2 m (6.6 ft) of the deep-setting would be done any float § 665.801 must attend and be certified pole and each of which has a minimum lines less than 20 meters in length or for completion of a workshop conducted diameter of 20 mm (0.8 in); and branch light sticks. As used in this paragraph by NMFS on interaction mitigation streamers attached to each main ‘‘float line’’ means a line used to techniques for sea turtles, seabirds and streamer at the end opposite from the suspend the main longline beneath a other protected species. pole, each of which is long enough to float and ‘‘light stick’’ means any type (b) A protected species workshop drag on the sea surface in the absence of light emitting device, including any certificate will be issued by NMFS of wind, and each of which has a fluorescent ‘‘glow bead,’’ chemical, or annually to any person who has minimum diameter of 10 mm (0.4 in). electrically powered light that is affixed completed the workshop. (2) Alternative to side-setting. Owners underwater to the longline gear. (c) An owner of a vessel registered for and operators of vessels that do not (e) Shallow-set certificates may be use under any longline permit issued side-set must do the following: transferred only to holders of Hawaii under § 665.801 must have a valid (i) Discharge fish, fish parts (offal), or longline limited access permits. protected species workshop certificate spent bait while setting or hauling (f) Any owner or operator of a vessel issued by NMFS to the owner of the longline gear, on the opposite side of the registered for use under any longline vessel, in order to maintain or renew vessel from where the longline gear is permit issued under § 665.801 must use their vessel registration. being set or hauled, when seabirds are only offset circle hooks sized 18/0 or (d) An owner and an operator of a present; larger, with a 10° offset, when shallow- (ii) Retain sufficient quantities of fish, ° vessel registered for use under any setting north of the Equator (0 lat.). As longline permit issued under § 665.801 fish parts, or spent bait between the used in this paragraph, an offset circle must have on board the vessel a valid setting of longline gear for the purpose hook sized 18/0 or larger is one with an protected species workshop certificate of strategically discharging it in outer diameter at its widest point no issued by NMFS to the operator of the accordance with paragraph (a)(2)(i) of smaller than 1.97 inches (50 mm) when vessel, or a legible copy thereof. this section; measured with the eye of the hook on (iii) Remove all hooks from fish, fish the vertical axis (y-axis) and § 665.815 Pelagic longline seabird parts, or spent bait prior to its discharge perpendicular to the horizontal axis (x- mitigation measures. in accordance with paragraph (a)(2)(i) of axis). As used in this paragraph, a 10° (a) Seabird mitigation techniques. this section; offset is measured from the barbed end When deep-setting or shallow-setting (iv) Remove the bill and liver of any of the hook and is relative to the parallel north of 23° N. lat. or shallow-setting swordfish that is caught, sever its head

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00066 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60115

from the trunk and cut it in half Coast Guard, or the U.S. Fish and (4) Remove any external hooks by vertically and periodically discharge the Wildlife Service at the numbers listed cutting the line as close as possible to butchered heads and livers in on the Short-tailed Albatross Handling the hook, pushing the hook barb out accordance with paragraph (a)(2)(i) of Placard distributed at the NMFS point first, cutting off the hook barb this section; protected species workshop, inform using bolt cutters, and then removing (v) When using basket-style longline them that you have a dead short-tailed the hook shank; gear north of 23° N. lat., ensure that the albatross on board, and submit the bird (5) Cut the fishing line as close as main longline is deployed slack to to NMFS within 72 hours following possible to ingested or inaccessible maximize its sink rate; completion of the fishing trip. hooks; (vi) Use completely thawed bait that (ii) If alive, handle the bird in (6) Leave the bird in a safe enclosed has been dyed blue to an intensity level accordance with paragraphs (b)(5) space to recover until its feathers are specified by a color quality control card through (11) of this section. dry; and issued by NMFS; (5) Place the bird in a safe enclosed (7) After recovered, release seabirds (vii) Maintain a minimum of two cans place; by placing them on the sea surface. (each sold as 0.45 kg or 1 lb size) (6) Immediately contact NMFS, the containing blue dye on board the vessel; Coast Guard, or the U.S. Fish and § 665.816 American Samoa longline and Wildlife Service at the numbers listed limited entry program. (viii) Follow the requirements in on the Short-tailed Albatross Handling (a) General. Under § 665.801(c), paragraphs (a)(3) and (a)(4) of this Placard distributed at the NMFS certain U.S. vessels are required to be section, as applicable. protected species workshop and request registered for use under a valid (3) Deep-setting requirements. The veterinary guidance; American Samoa longline limited access following additional requirements apply (7) Follow the veterinary guidance permit. With the exception of to vessels engaged in deep-setting using regarding the handling and release of reductions in permits in vessel size a monofilament main longline north of the bird; Class A under paragraph (c)(1) of this (8) If the bird is externally hooked and 23° N. lat. that do not side-set. Owners section, the maximum number of no veterinary guidance is received and operators of these vessels must do permits will be capped at the number of within 24–48 hours, handle the bird in the following: initial permits actually issued under accordance with paragraphs (c)(4) and (i) Employ a line shooter; and paragraph (f) of this section. (c)(5) of this section, and release the (ii) Attach a weight of at least 45 g (1.6 (b) Terminology. For purposes of this oz) to each branch line within 1 m (3.3 bird only if it meets the following criteria: section, the following terms have these ft) of the hook. meanings: (4) Shallow-setting requirement. In (i) Able to hold its head erect and (1) Documented participation means addition to the requirements set forth in respond to noise and motion stimuli; participation proved by, but not paragraphs (a)(1) and (a)(2) of this (ii) Able to breathe without noise; necessarily limited to, a properly section, owners and operators of vessels (iii) Capable of flapping and retracting submitted NMFS or American Samoa engaged in shallow-setting that do not both wings to normal folded position on logbook, an American Samoa creel side-set must begin the deployment of its back; (iv) Able to stand on both feet with survey record, a delivery or payment longline gear at least 1 hour after local toes pointed forward; and record from an American Samoa-based sunset and complete the deployment no (v) Feathers are dry. cannery, retailer or wholesaler, an later than local sunrise, using only the (9) Any seabird that is released in American Samoa tax record, an minimum vessel lights to conform with accordance with paragraph (b)(8) of this individual wage record, ownership title, navigation rules and best safety section or under the guidance of a vessel registration, or other official practices. veterinarian must be placed on the sea documents showing: (b) Short-tailed albatross handling surface; (i) Ownership of a vessel that was techniques. If a short-tailed albatross is (10) If the hook has been ingested or hooked or entangled by a vessel used to fish in the EEZ around is inaccessible, keep the bird in a safe, American Samoa, or registered for use under a Hawaii enclosed place and submit it to NMFS longline limited access permit, owners (ii) Evidence of work on a fishing trip immediately upon the vessel’s return to during which longline gear was used to and operators must ensure that the port. Do not give the bird food or water; following actions are taken: harvest western Pacific pelagic MUS in and the EEZ around American Samoa. If the (1) Stop the vessel to reduce the (11) Complete the short-tailed applicant does not possess the necessary tension on the line and bring the bird on albatross recovery data form issued by documentation of evidence of work on board the vessel using a dip net; NMFS. (2) Cover the bird with a towel to (c) Non-short-tailed albatross seabird a fishing trip based on records available protect its feathers from oils or damage handling techniques. If a seabird other only from NMFS or the Government of while being handled; than a short-tailed albatross is hooked or American Samoa (e.g., creel survey (3) Remove any entangled lines from entangled by a vessel registered for use record or logbook), the applicant may the bird; and under a Hawaii longline limited access issue a request to PIRO to obtain such (4) Determine if the bird is alive or permit owners and operators must records from the appropriate agencies, if dead. ensure that the following actions are available. The applicant should provide (i) If dead, freeze the bird immediately taken: sufficient information on the fishing trip with an identification tag attached (1) Stop the vessel to reduce the to allow PIRO to retrieve the records. directly to the specimen listing the tension on the line and bring the seabird (2) Family means those people related species, location and date of mortality, on board the vessel using a dip net; by blood, marriage, and formal or and band number if the bird has a leg (2) Cover the seabird with a towel to informal adoption. band. Attach a duplicate identification protect its feathers from oils or damage (c) Vessel size classes. The Regional tag to the bag or container holding the while being handled; Administrator shall issue American bird. Any leg bands present must (3) Remove any entangled lines from Samoa longline limited access permits remain on the bird. Contact NMFS, the the seabird; in the following size classes:

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00067 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60116 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

(1) Class A: Vessels less than or equal (e) Initial permit qualification. Any name and mailing address of the owner to 40 ft (12.2 m) LOA. The maximum U.S. national or U.S. citizen or of the vessel to which the permit is number will be reduced as Class B–1, company, partnership, or corporation registered. If the registered vessel is C–1, and D–1 permits are issued under qualifies for an initial American Samoa owned by any entity other than a sole paragraph (f)(5) of this section. longline limited access permit if the owner, the names and mailing addresses (2) Class B: Vessels over 40 ft (12.2 m) person, company, partnership, or of all owners, partners, and corporate to 50 ft (15.2 m) LOA. corporation, on or prior to March 21, officers must be included. (3) Class B–1: Maximum number of 14 2002, owned a vessel that was used (4) An appeal of a denial of an permits for vessels over 40 ft (12.2 m) during the time of their ownership to application for an initial permit shall be to 50 ft (15.2 m) LOA, to be made harvest western Pacific pelagic MUS processed in accordance with available according to the following with longline gear in the EEZ around § 665.801(o) of this subpart. schedule: American Samoa, and that fish was (5) After all appeals on initial permits (i) Four permits in the first calendar landed in American Samoa: are concluded in any vessel size class, year after the Regional Administrator (1) Prior to March 22, 2002; or the maximum number of permits in that has issued all initial permits in Classes (2) Prior to June 28, 2002, provided class shall be the number of permits A, B, C, and D (initial issuance); that the person or business provided to issued during the initial issuance (ii) In the second calendar year after NMFS or the Council, prior to March 22, process (including appeals). The initial issuance, any unissued, 2002, a written notice of intent to maximum number of permits will not relinquished, or revoked permits of the participate in the pelagic longline change, except that the maximum first four, plus four additional permits; fishery in the EEZ around American number of Class A permits will be (iii) In the third calendar year after Samoa. reduced if Class A permits are replaced initial issuance, any unissued, (f) Initial permit issuance. by B–1, C–1, or D–1 permits under relinquished, or revoked permits of the (1) Any application for issuance of an paragraph (h) of this section. Thereafter, first eight, plus four additional permits; initial permit must be submitted to if any Class A, B, C, or D permit and PIRO no later than 120 days after the becomes available, the Regional (iv) In the fourth calendar year after effective date of this final rule. The Administrator shall re-issue that permit initial issuance, any unissued, Regional Administrator shall publish a according to the process set forth in relinquished, or revoked permits of the notice in the Federal Register, send paragraph (g) of this section. first 12, plus two additional permits. notices to persons on the American (g) Additional permit issuance. (4) Class C: Vessels over 50 ft (15.2 m) Samoa pelagics mailing list, and use (1) If the number of permits issued in to 70 ft (21.3 m) LOA. other means to notify prospective Class A, B, C, or D, falls below the (5) Class C–1: Maximum number of applicants of the availability of permits. maximum number of permits, the six permits for vessels over 50 ft (15.2) Applications for initial permits must be Regional Administrator shall publish a to 70 ft (21.3 m) LOA, to be made made, and application fees paid, in notice in the Federal Register, send available according to the following accordance with §§ 665.13(c)(1), notices to persons on the American schedule: 665.13(d), and 665.13(f)(2). A complete Samoa pelagics mailing list, and use (i) Two permits in the first calendar application must include documented other means to notify prospective year after initial issuance; participation in the fishery in applicants of any available permit(s) in (ii) In the second calendar year after accordance with § 665.816(b)(1). If the that class. Any application for issuance initial issuance, any unissued, applicant is any entity other than a sole of an additional permit must be relinquished, or revoked permits of the owner, the application must be submitted to PIRO no later than 120 first two, plus two additional permits; accompanied by a supplementary days after the date of publication of the and information sheet obtained from the notice on the availability of additional (iii) In the third calendar year after Regional Administrator, containing the permits in the Federal Register. A initial issuance, any unissued, names and mailing addresses of all complete application must include relinquished, or revoked permits of the owners, partners, and corporate officers. documented participation in the fishery first four, plus two additional permits. (2) Only permits of Class A, B, C, and in accordance with § 665.816(b)(1). The (6) Class D: Vessels over 70 ft (21.3 m) D will be made available for initial Regional Administrator shall issue LOA. issuance. Permits of Class B–1, C–1, and permits to persons according the (7) Class D–1: Maximum number of 6 D–1, will be made available in following priority standard: permits for vessels over 70 ft (21.3 m) subsequent calendar years. (i) First priority accrues to the person LOA, to be made available according to (3) Within 30 days of receipt of a with the earliest documented the following schedule: completed application, the Assistant participation in the pelagic longline (i) Two permits in the first calendar Regional Administrator for Sustainable fishery in the EEZ around American year after initial issuance; Fisheries, PIRO, shall make a decision Samoa on a Class A sized vessel. (ii) In the second calendar year after on whether the applicant qualifies for (ii) The next priority accrues to the initial issuance, any unissued, an initial permit and will notify the person with the earliest documented relinquished, or revoked permits of the successful applicant by a dated letter. participation in the pelagic longline first two, plus two additional permits; The successful applicant must register a fishery in the EEZ around American and vessel, of the equivalent size class or Samoa on a Class B size, Class C size, (iii) In the third calendar year after smaller to which the qualifying vessel or Class D size vessel, in that order. initial issuance, any unissued, would have belonged, to the permit (iii) In the event of a tie in the priority relinquished, or revoked permits of the within 120 days of the date of the letter ranking between two or more first four, plus two additional permits. of notification, and maintain this vessel applicants, the applicant whose second (d) A vessel subject to this section registration to the permit for at least 120 documented participation in the pelagic may only be registered with an days. The successful applicant must longline fishery in the EEZ around American Samoa longline limited access also submit a supplementary American Samoa is first in time will be permit of a size class equal to or larger information sheet, obtained from the ranked first in priority. If there is still than the vessel’s LOA. Regional Administrator, containing the a tie between two or more applicants,

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00068 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60117

the Regional Administrator will select person’s earliest documented sale, gift, bequest, intestate succession, the successful applicant by an impartial participation, with the highest priority barter, or trade) to the following persons lottery. given to that person with the earliest only: (2) Applications must be made, and date of documented participation. (i) A Western Pacific community application fees paid, in accordance (3) A permit holder who receives a located in American Samoa that meets with §§ 665.13(c)(1), 665.13(d), and Class B–1, C–1, or D–1 permit must the criteria set forth in section 305(I)(2) 665.13(f)(2). If the applicant is any relinquish his or her Class A permit and of the Magnuson-Stevens Act, 16 U.S.C. entity other than a sole owner, the that permit will no longer be valid. The 1855(I)(2), and its implementing application must be accompanied by a maximum number of Class A permits regulations, or supplementary information sheet, will be reduced accordingly. (ii) Any person with documented obtained from the Regional (4) Within 30 days of receipt of a participation in the pelagic longline Administrator, containing the names completed application for a Class B–1, fishery in the EEZ around American and mailing addresses of all owners, C–1, and Samoa. partners, and corporate officers that D–1 permit, the Regional Administrator (2) Class A Permits. An American comprise ownership of the vessel for shall make a decision on whether the Samoa longline limited access permit of which the permit application is applicant qualifies for a permit and will Class A may be transferred (by sale, gift, prepared. notify the successful applicant by a bequest, intestate succession, barter, or (3) Within 30 days of receipt of a dated letter. The successful applicant trade) to the following persons only: completed application, the Assistant must register a vessel of the equivalent (i) A family member of the permit Regional Administrator for Sustainable vessel size or smaller to the permit holder, Fisheries shall make a decision on within 120 days of the date of the letter (ii) A Western Pacific community whether the applicant qualifies for a of notification. The successful applicant located in American Samoa that meets permit and will notify the successful must also submit a supplementary the criteria set forth in section 305(i)(2) applicant by a dated letter. The information sheet, obtained from the of the Magnuson-Stevens Act, 16 U.S.C. successful applicant must register a Regional Administrator, containing the § 1855, and its implementing vessel of the equivalent vessel size or name and mailing address of the owner regulations, or smaller to the permit within 120 days of of the vessel to which the permit is (iii) Any person with documented the date of the letter of notification. The registered. If the registered vessel is participation in the pelagic longline successful applicant must also submit a owned by any entity other than a sole fishery on a Class A size vessel in the supplementary information sheet, owner, the names and mailing addresses EEZ around American Samoa prior to obtained from the Regional of all owners, partners, and corporate March 22, 2002. Administrator, containing the name and officers must be included. (3) Class B–1, C–1, and D–1 Permits. mailing address of the owner of the (5) An appeal of a denial of an Class B–1, C–1, and D–1 permits may vessel to which the permit is registered. application for a Class B–1, C–1, or not be transferred to a different owner If the registered vessel is owned by any D–1 permit shall be processed in for 3 years from the date of initial entity other than a sole owner, the accordance with § 665.801(o). issuance, except by bequest or intestate names and mailing addresses of all (6) If a Class B–1, C–1, or D–1 permit succession if the permit holder dies owners, partners, and corporate officers is relinquished, revoked, or not renewed during those 3 years. After the initial 3 must be included. If the successful pursuant to paragraph (j)(1) of this years, Class B–1, C–1, and D–1 permits applicant fails to register a vessel to the section, the Regional Administrator may be transferred only in accordance permit within 120 days of the date of shall make that permit available with the restrictions in paragraph (i)(1) the letter of notification, the Assistant according to the procedure described in of this section. Regional Administrator for Sustainable paragraph (g) of this section. (j) Permit renewal and registration of Fisheries shall issue a letter of (i) Permit transfer. The holder of an vessels. notification to the next person on the American Samoa longline limited access (1) Use requirements. An American priority list or, in the event that there permit may transfer the permit to Samoa longline limited access permit are no more prospective applicants on another individual, partnership, will not be renewed following 3 the priority list, re-start the issuance corporation, or other entity as described consecutive calendar years (beginning process pursuant to paragraph (g)(1) of in this section. Applications for permit with the year after the permit was this section. Any person who fails to transfers must be submitted to the issued in the name of the current permit register the permit to a vessel under this Regional Administrator within 30 days holder) in which the vessel(s) to which paragraph (g)(3) within 120 days shall of the transfer date. If the applicant is it is registered landed less than: not be eligible to apply for a permit for any entity other than a sole owner, the (i) For permit size Classes A or B: a 6 months from the date those 120 days application must be accompanied by a total of 1,000 lb (455 kg) of western expired. supplementary information sheet, Pacific pelagic MUS harvested in the (4) An appeal of a denial of an obtained from the Regional EEZ around American Samoa using application for a permit shall be Administrator, containing the names longline gear, or processed in accordance with and mailing addresses of all owners, (ii) For permit size Classes C or D: a § 665.801(o). partners, and corporate officers. After total of 5,000 lb (2,273 kg) of western (h) Class B–1, C–1, and D–1 Permits. such an application has been made, the Pacific pelagic MUS harvested in the (1) Permits of Class B–1, C–1, and D– permit is not valid for use by the new EEZ around American Samoa using 1 will be initially issued only to persons permit holder until the Regional longline gear. who hold a Class A permit and who, Administrator has issued the permit in (2) [Reserved] prior to March 22, 2002, participated in the new permit holder’s name under (k) Concentration of ownership of the pelagic longline fishery around § 665.13(c). permits. No more than 10 percent of the American Samoa. (1) Permits of all size classes except maximum number of permits, of all size (2) The Regional Administrator shall Class A. An American Samoa longline classes combined, may be held by the issue permits to persons for Class B–1, limited access permit of any size class same permit holder. Fractional interest C–1, and D–1 permits based on each except Class A may be transferred (by will be counted as a full permit for the

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00069 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 60118 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

purpose of calculating whether the 10- the U.S. EEZ boundary with Samoa, and (b) A landing of western Pacific percent standard has been reached. from Point AS–1–B westward along the pelagic MUS for the purpose of this (l) Three year review. Within 3 years latitude 15°13′ S. until intersecting the section must have been properly of the effective date of this final rule, the U.S. EEZ boundary with Samoa. recorded on a NMFS Western Pacific Council shall consider appropriate (c) Swains Island (AS–2). The large Federal daily longline form that was revisions to the American Samoa vessel prohibited area around Swains submitted to NMFS, as required in limited entry program after reviewing Island consists of the waters of the EEZ § 665.14. the effectiveness of the program with around American Samoa enclosed by respect to its biological and straight lines connecting the following (c) An exemption is valid only for a socioeconomic objectives, concerning coordinates: vessel that was registered for use with gear conflict, overfishing, enforceability, a Western Pacific general longline compliance, and other issues. Point S. lat. W. long permit and landed western Pacific pelagic MUS in American Samoa on or ° ′ ° ′ § 665.817 American Samoa pelagic fishery AS–2–A ..... 11 48 171 50 prior to November 13, 1997, or for a area management. AS–2–B ..... 11°48′ 171°20′ replacement vessel of equal or smaller (a) Large vessel prohibited areas. A LOA than the vessel that was initially large vessel of the United States may not and from Point AS–2–A northward registered for use with a Western Pacific be used to fish for western Pacific along the longitude 171°50′ W. until general longline permit on or prior to pelagic MUS in the American Samoa intersecting the U.S. EEZ boundary with large vessel prohibited areas as defined Tokelau, and from Point AS–2–B November 13, 1997. in paragraphs (b) and (c) of this section, northward along the longitude 170°20′ (d) An exemption is valid only for the except as allowed pursuant to an W. until intersecting the U.S. EEZ vessel for which it is registered. An exemption issued under § 665.818. boundary with Tokelau. exemption not registered for use with a (b) Tutuila Island, Manu’a Islands, particular vessel may not be used. and Rose Atoll (AS–1). The large vessel § 665.818 Exemptions for American Samoa large vessel prohibited areas. (e) An exemption may not be prohibited area around Tutuila Island, transferred to another person. the Manu’a Islands, and Rose Atoll (a) An exemption will be issued to a consists of the waters of the EEZ around person who currently owns a large (f) If more than one person, e.g., a American Samoa enclosed by straight vessel to use that vessel to fish for partnership or corporation, owned a lines connecting the following western Pacific pelagic MUS in the large vessel when it was registered for coordinates: American Samoa large vessel prohibited use with a Western Pacific general management areas, if the person seeking longline permit and made at least one Point S. lat. W. long. the exemption had been the owner of landing of western Pacific pelagic MUS that vessel when it was registered for in American Samoa on or prior to AS–1–A ..... 13°30′ 167°25′ use with a Western Pacific general November 13, 1997, an exemption AS–1–B ..... 15°13′ 167°25′ longline permit, and has made at least one landing of western Pacific pelagic issued under this section will be issued and from Point AS–1–A westward along MUS in American Samoa on or prior to to only one person. the latitude 13°30′ S. until intersecting November 13, 1997. BILLING CODE 3510–22–P

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00070 Fmt 4701 Sfmt 4725 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 EP19NO09.000 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60119

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00071 Fmt 4701 Sfmt 4725 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 EP19NO09.001 60120 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules

[FR Doc. E9–26557 Filed 11–18–09; 8:45 am] BILLING CODE 3510–22–C

VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00072 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 EP19NO09.002