Fishery Conservation and Management Pt. 665

Vessel length Capacity PART 665—FISHERIES IN THE rating WESTERN PACIFIC 332 ...... 268.89 333 ...... 269.52 Subpart A—General 334 ...... 270.16 335 ...... 270.79 Sec. 336 ...... 271.42 665.1 Purpose and scope. 337 ...... 272.05 665.2 Relation to other laws. 338 ...... 272.68 665.3 Reporting and recordkeeping. 339 ...... 273.31 665.4 Licensing and registration. 340 ...... 273.94 341 ...... 274.57 342 ...... 275.20 Subpart B—Western Pacific Fisheries— 343 ...... 275.83 General 344 ...... 276.47 345 ...... 277.10 665.11 Purpose and scope. 346 ...... 277.73 665.12 Definitions. 347 ...... 278.36 665.13 Permits and fees. 348 ...... 278.99 665.14 Reporting and recordkeeping. 349 ...... 279.62 665.15 Prohibitions. 350 ...... 280.25 665.16 Vessel identification. 351 ...... 280.88 665.17 Experimental fishing. 352 ...... 281.51 665.18 Area restrictions. 353 ...... 282.14 354 ...... 282.78 Subpart C—Western Pacific Pelagic 355 ...... 283.41 Fisheries 356 ...... 284.04 357 ...... 284.67 665.21 Permits. 358 ...... 285.30 665.22 Prohibitions. 359 ...... 285.93 665.23 Notifications. 360 ...... 286.56 361 ...... 287.19 665.24 Gear identification. 362 ...... 287.82 665.25 Vessel monitoring system. 363 ...... 288.46 665.26 Longline fishing prohibited area man- 364 ...... 289.09 agement. 365 ...... 289.72 665.27 Exemptions for longline fishing pro- 366 ...... 290.35 hibited areas; procedures. 367 ...... 290.98 665.28 Conditions for at-sea observer cov- 368 ...... 291.61 erage. 369 ...... 292.24 665.29 Port privileges and transiting for 370 ...... 292.87 unpermitted U.S. longline vessels. 371 ...... 293.50 665.30 Prohibition of drift gillnetting. 372 ...... 294.13 665.31 Framework adjustments to manage- 373 ...... 294.77 ment measures. 374 ...... 295.40 375 ...... 296.03 665.32 Sea turtle take mitigation measures. 376 ...... 296.66 665.33 Western Pacific longline fishing re- 377 ...... 297.29 strictions. 378 ...... 297.92 665.34 Protected species workshop. 379 ...... 298.55 665.35 Pelagic longline seabird mitigation 380 ...... 299.18 measures. 381 ...... 299.81 665.36 American Samoa longline limited 382 ...... 300.44 entry program. 383 ...... 301.08 665.37 American Samoa pelagic fishery area 384 ...... 301.71 management. 385 ...... 302.34 665.38 Exemptions for American Samoa 386 ...... 302.97 387 ...... 303.60 large vessel prohibited areas. 388 ...... 304.23 389 ...... 304.86 Subpart D—Western Pacific Crustacean 390 ...... 305.49 Fisheries 391 ...... 306.12 392 ...... 306.75 665.41 Permits. 393 ...... 307.39 665.42 Prohibitions. 394 ...... 308.02 665.43 Notifications. 395 ...... 308.65 665.44 Lobster size and condition restric- 396 ...... 309.28 tions—Permit Area 2. 397 ...... 309.91 665.45 Closed seasons. 398 ...... 310.54 665.46 Closed areas. 399 ...... 311.17 665.47 Gear identification. >400 ...... 311.80 665.48 Gear restrictions.

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665.49 At-sea observer coverage. SOURCE: 61 FR 34572, July 2, 1996, as amend- 665.50 Harvest limitation program. ed at 71 FR 17988, Apr. 10, 2006. 665.51 Monk seal protective measures. 665.52 Monk seal emergency protective EDITORIAL NOTE: Nomenclature changes to measures. part 665 appear at 71 FR 30299, May 26, 2006. 665.53 Framework procedures. 665.54 Five-year review. Subpart A—General

Subpart E—Bottomfish And Seamount § 665.1 Purpose and scope. Groundfish Fisheries (a) The regulations in this part gov- 665.61 Permits. ern fishing for Western Pacific fishery 665.62 Prohibitions. management unit species by vessels of 665.63 Notification. the United States that operate or are 665.64 Gear restrictions. 665.65 At-sea observer coverage. based inside the outer boundary of the 665.66 Protected species conservation. EEZ off Western Pacific States. 665.67 Framework for regulatory adjust- (b) General regulations governing ments. fishing by all vessels of the United 665.68 Fishing moratorium on Hancock Sea- States and by fishing vessels other mount. than vessels of the United States are 665.69 Management subareas. contained in part 665 of this chapter. 665.70 Bottomfish fishery area management. 665.71 Hawaii restricted bottomfish species. (c) Regulations governing the har- 665.72 Total Allowable Catch (TAC) limit. vest, possession, landing, purchase, and 665.73 Non-commercial bag limits. sale of shark fins are found at part 665, 665.75 Closed season. subpart N of this chapter.

Subpart F—Precious Corals Fisheries § 665.2 Relation to other laws. 665.81 Permits. NMFS recognizes that any state law 665.82 Prohibitions. pertaining to vessels registered under 665.83 Seasons. the laws of that state while operating 665.84 Quotas. in the fisheries regulated under this 665.85 Closures. 665.86 Size restrictions. part, and that is consistent with this 665.87 Area restrictions. part and the FMPs implemented by 665.88 Gear restrictions. this part, shall continue in effect with 665.89 Framework procedures. respect to fishing activities regulated 665.90 Gold coral harvest moratorium. under this part.

Subpart G—Western Pacific Coral Reef § 665.3 Reporting and recordkeeping. Ecosystem Fisheries Except for fisheries subject to sub- 665.601 Relation to other laws. parts D and F of this part, any person 665.602 Permits and fees. who is required to do so by applicable 665.603 Prohibitions. state law or regulation must make and/ 665.604 Notifications. 665.605 Allowable gear and gear restrictions. or file all reports of management unit 665.606 Gear identification. species landings containing all data 665.607 Framework for regulatory adjust- and in the exact manner required by ments. applicable state law or regulation. 665.608 Regulatory area. 665.609 Annual reports. § 665.4 Licensing and registration. TABLE 1 TO PART 665—PRECIOUS CORAL Any person who is required to do so QUOTAS TABLE 2 TO PART 665—CURRENTLY HARVESTED by applicable state law or regulation CORAL REEF TAXA must comply with licensing and reg- TABLE 3 TO PART 665—POTENTIALLY HAR- istration requirements in the exact VESTED CORAL REEF TAXA manner required by applicable state FIGURE 1 TO PART 665—CARAPACE LENGTH OF law or regulation. LOBSTERS FIGURE 2 TO PART 665—LENGTH OF FISHING [73 FR 18458, Apr. 4, 2008] VESSEL

AUTHORITY: 16 U.S.C. 1801 et. seq.

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Subpart B—Western Pacific outer boundary of the EEZ around Fisheries—General American Samoa to fish for Pacific pe- lagic management unit species using longline gear or to land or transship SOURCE: 61 FR 34572, July 2, 1996, unless otherwise noted. Redesignated at 71 FR 17989, Pacific pelagic management unit spe- Apr. 10, 2006. cies that were caught in the EEZ around American Samoa using longline § 665.11 Purpose and scope. gear. (a) This subpart contains regulations American Samoa pelagics mailing list that are common to all Western Pacific means the list maintained by the Pa- fisheries managed under fishery man- cific Islands Regional Office of names agement plans prepared by the Western and mailing addresses of parties inter- Pacific Fishery Management Council ested in receiving notices of avail- under the Magnuson Act. ability for American Samoa longline (b) Regulations specific to individual limited access permits. fisheries are included in subparts C, D, Basket-style longline gear means a E, F, and G of this part. type of longline gear that is divided (c) Nothing in subparts C, D, E, F, into units called ‘‘baskets’’ each con- and G of this part is intended to sisting of a segment of main line to supercede any valid state or Federal which 10 or more branch lines with regulations that are more restrictive hooks are spliced. The mainline and all than those published here. branch lines are made of multiple braided strands of cotton, nylon, or [61 FR 34572, July 2, 1996, as amended at 69 FR 8341, Feb. 24, 2004; 71 FR 17989, Apr. 10, other synthetic fibers impregnated 2006] with tar or other heavy coatings that cause the lines to sink rapidly in sea- § 665.12 Definitions. water. In addition to the definitions in the Bottomfish FMP means the Fishery Magnuson-Stevens Act, and in § 665.10, Management Plan for Bottomfish and the terms used in subparts B through G Seamount Groundfish of the Western of this part have the following mean- Pacific Region. ings: Bottomfish management area means American Samoa longline limited access the areas designated in § 665.69. permit means the permit required by Bottomfish management unit species § 665.21 to use a vessel shoreward of the means the following fish:

Common name Local name Scientific name

Snappers: Silver jaw jobfish ...... Lehi (H); palu-gustusilvia (S) ...... Aphareus rutilans. Gray jobfish ...... Uku (H); asoama (S) ...... Aprion virescens. Squirrelfish snapper ...... Ehu (H); palu-malau (S) ...... Etelis carbunculus. Longtail snapper ...... Onaga, ula’T1ula (H); palu-loa (S) ...... Etelis coruscans. Blue stripe snapper ...... Ta’ape (H); savane (S); funai (G) ...... Lutjanus kasmira. Yellowtail snapper ...... Palu-i iusama (S); yellowtail kalekale ...... Pristipomoides auricilla. Pink snapper...... Opakapaka (H); Palu-‘tlena‘lena (S); Pristipomoides. gadao (G). Yelloweye snapper ...... Palusina (S); yelloweye opakapaka ...... Pristipomoides flavipinnis. Snapper ...... Kalekale (H) ...... Pristipomoides sieboldii. Snapper ...... Gindai (H,G); palu-sega (S) ...... Pristipomoides zonatus. Jacks: Giant trevally ...... White ulua (H); tarakito (G); sapo-anae Caranx ignoblis. (S). Black jack ...... Black ulua (H); tarakito (G); tafauli (S) .... Caranx lugubris. Thick lipped trevally ...... Pig ulua (H); butaguchi (H) ...... Pseudocaranx dentex. Amberjack ...... Kahala (H) ...... Seriola dumerili. Groupers: Blacktip grouper ...... Fausi (S); gadau (G) ...... Epinephelus fasciatus. Sea bass ...... Hapu‘upu‘u (H) ...... Epinephelus quernus. Lunartail grouper ...... Papa (S) ...... Variola louti. Emperor fishes: Ambon emperor ...... Filoa-gutumumu (S) ...... Lethrinus amboinensis. Redgill emperor ...... Filoa-palo ‘omumu (S); mafuti (G) ...... Lethrinus rubrioperculatus.

NOTES: G—Guam; H—Hawaii; S—American Samoa.

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Carapace length means a measure- slipper lobster (family Scyllaridae), and ment in a straight line from the ridge Kona crab (Ranina ranina). between the two largest spines above Crustaceans Permit Area 1 (Permit the eyes, back to the rear edge of the Area 1) means the EEZ off the North- carapace of a spiny lobster (see Figure western Hawaiian Islands. 1 of this part). Crustaceans Permit Area 2 (Permit Circle hook means a fishing hook with Area 2) means the EEZ off the main the point turned perpendicularly back Hawaiian Islands. towards the shank. Crustaceans Permit Area 3 (Permit Area Commercial fishing means fishing in 3) means the EEZ around Guam and which the fish harvested, either in American Samoa, and the EEZ seaward whole or in part, are intended to enter of points 3 nautical miles from the commerce or enter commerce through shoreline of the CNMI. sale, barter, or trade. All lobster fish- Crustaceans Permit Area 4 (Permit Area ing in Crustaceans Permit Area 1 is 4) means the EEZ around the PRIA, considered commercial fishing. with the exception of EEZ waters Commonwealth of the Northern Mar- around Midway Atoll. iana Islands (CNMI) means Northern Crustaceans Permit Area 1 VMS Sub- Mariana Islands. area means an area within the EEZ off CNMI offshore area means the portion the NWHI 50 nm from the center geo- of the U.S. EEZ around the CNMI ex- graphical positions of the islands and tending seaward from a line drawn 3 reefs in the NWHI as follows: Nihoa Is- nautical miles from the baseline land 23°05′ N. lat., 161°55′ W. long.; around the CNMI from which the terri- Necker Island 23°35′ N. lat., 164°40′ W. torial sea is measured, to the outer long.; French Frigate Shoals 23°45′ N. boundary of the U.S. EEZ, which to the lat., 166°15′ W. long; Garner Pinnacles south means those points which are 25°00′ N. lat., 168°00′ W. long.; Maro Reef equidistant between Guam and the is- 25°25′ N. lat., 170°35′ W. long.; Laysan Is- land of Rota in the CNMI. land 25°45′ N. lat., 171°45′ W. long; Council means the Western Pacific Lisianski Island 26°00′ N. lat., 173°55′ W. Fishery Management Council. long.; Pearl and Hermes Reef 27°50′ N. Coral reef ecosystem management unit lat., 175°50′ W. long.; Midway Islands species (Coral reef ecosystem MUS) 28°14′ N. lat., 177°22′ W. long.; and Kure means all of the Currently Harvested Island 28°25′ N. lat., 178°20′ W. long. The Coral Reef Taxa listed in Table 3 and remainder of the VMS subarea is de- Potentially Harvested Coral Reef Taxa limited by parallel lines tangent to and listed Table 4 of this part and which connecting the 50–nm areas around the spend the majority of their non-pelagic following: from Nihoa Island to Necker (post-settlement) life stages within wa- Island; from French Frigate Shoals to ters less than or equal to 50 fathoms in Gardner Pinnacles; from Gardner Pin- total depth. nacles to Maro Reef; from Laysan Is- Coral reef ecosystem regulatory area land to Lisianski Island; and from means the U.S. EEZ waters around Lisianski Island to Pearl and Hermes American Samoa, Guam, Hawaii, CNMI Reef. and the PRIA except for the portion of Crustaceans receiving vessel means a EEZ waters 0–3 miles around the CNMI, vessel of the United States to which and EEZ waters around the NWHI west lobsters taken in the crustaceans man- of 160°50′ W. long. agement area are transferred from an- Crustaceans FMP means the Fishery other vessel. Management Plan for Crustacean Fish- Currently harvested coral reef taxa eries of the Western Pacific Region. (CHCRT) means coral reef associated Crustaceans management area means species, families, or subfamilies, as de- the EEZ waters around American scribed in Table 3 of this part, that Samoa, the CNMI, Guam, Hawaii, and have annual landings greater than the PRIA. 454.54 kg (1,000 lb) as reported on indi- Crustaceans management unit species vidual state, commonwealth, or terri- means spiny lobster (Panulirus tory catch reports or through creel sur- marginatus or Panulirus penicillatus), veys. Fisheries and research data from

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many of these species have been ana- footrope of the net are in contact with lyzed by regional management agen- the sea bed. cies. (2) Gillnet, (see § 600.10). Dead coral means any precious coral (3) Hook-and-line, which means one or that no longer has any live coral pol- more hooks attached to one or more yps or tissue. lines. Deep-set or Deep-setting means the de- (4) Set net, which means a stationary, ployment of, or deploying, respec- buoyed, and anchored gill net. tively, longline gear in a manner con- (5) Trawl, (see § 600.10). sistent with all the following criteria: Fishing trip means a period of time with all float lines at least 20 meters in during which fishing is conducted, be- length; with a minimum of 15 branch ginning when the vessel leaves port and lines between any two floats (except ending when the vessel lands fish. basket-style longline gear which may Fishing year means the year begin- have as few as 10 branch lines between ning at 0001 local time on January 1 any two floats); without the use of and ending at 2400 local time on De- light sticks; and resulting in the pos- cember 31, with the exception of fishing session or landing of no more than 10 for Hawaii Restricted Bottomfish Spe- swordfish (Xiphias gladius) at any time cies. during a given trip. As used in this def- Freeboard means the straight-line inition ‘‘float line’’ means a line used vertical distance between a vessel’s to suspend the main longline beneath a working deck and the sea surface. If float and ‘‘light stick’’ means any type the vessel does not have gunwale door of light emitting device, including any or stern door that exposes the working fluorescent ‘‘glow bead’’, chemical, or deck, freeboard means the straight-line electrically powered light that is af- vertical distance between the top of a fixed underwater to the longline gear. vessel’s railing and the sea surface. EFP means an experimental fishing Guam bottomfish permit means the per- permit. mit required by § 665.61(a)(4) to use a First level buyer means: large vessel to fish for, land, or trans- ship bottomfish management unit spe- (1) The first person who purchases, cies shoreward of the outer boundary of with the intention to resell, manage- the Guam subarea of the bottomfish ment unit species, or portions thereof, fishery management area. that were harvested by a vessel that Harvest guideline means a specified holds a permit or is otherwise regu- numerical harvest objective. lated under subpart D of this part; or Hawaiian Archipelago means the Main (2) A person who provides record- and Northwestern Hawaiian Islands, in- keeping, purchase, or sales assistance cluding Midway Atoll. in the first transaction involving man- Hawaii longline limited access permit agement unit species (such as the serv- means the permit required by § 665.21 to ices provided by a wholesale auction use a vessel to fish for Pacific pelagic facility). management unit species with longline Fish dealer means any person who: gear in the EEZ around Hawaii or to (1) Obtains, with the intention to re- land or transship longline-caught Pa- sell, Pacific pelagic management unit cific pelagic management unit species species, or portions thereof, that were shoreward of the outer boundary of the harvested or received by a vessel that EEZ around Hawaii. holds a permit or is otherwise regu- Hawaii restricted bottomfish species lated under subpart E of this part; or fishing year 2008–09 and After means the (2) Provides recordkeeping, purchase, year beginning at 0001 HST on Sep- or sales assistance in obtaining or sell- tember 1 and ending at 2400 HST on Au- ing such management unit species gust 31 of the next calendar year. (such as the services provided by a Hookah breather means a tethered un- wholesale auction facility). derwater breathing device that pumps Fishing gear, as used in subpart D of air from the surface through one or this part, includes: more hoses to divers at depth. (1) Bottom trawl, which means a trawl Incidental catch or incidental species in which the otter boards or the means species caught while fishing for

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the primary purpose of catching a dif- long.; 23°00′ N. lat., 164°00′ W. long.; and ferent species. 23°00′ N. lat., 165°00′ W. long. Interested parties means the State of (2) Gardner Pinnacles Lobster Hawaii Department of Land and Nat- Grounds—waters bounded by straight ural Resources, the Council, holders of lines connecting the following coordi- permits issued under subpart D of this nates in the order presented: 25°20′ N. part, and any person who has notified lat., 168°20′ W. long.; 25°20′ N. lat., the Regional Administrator of his or 167°40′ W. long.; 24°20′ N. lat., 167°40′ W. her interest in the procedures and deci- long.; and 24°20′ N. lat., 168°20′ W. long. sions described in §§ 665.51 and 665.52, (3) Maro Reef Lobster Grounds—waters and who has specifically requested to bounded by straight lines connecting be considered an ‘‘interested party.’’ the following coordinates in the order Land or landing means offloading fish presented: 25°40′ N. lat., 171°00′ W. long.; from a fishing vessel, arriving in port 25°40′ N. lat., 170°20′ W. long.; 25°00′ N. to begin offloading fish, or causing fish lat., 170°20′ W. long.; and 25°00′ N. lat., to be offloaded from a fishing vessel. 171°00′ W. long. Large vessel means, as used in (4) General NWHI Lobster Grounds—all §§ 665.22, 665.37, 665.38, 665.61, 665.62, and waters within Crustaceans Permit Area 665.70, any vessel equal to or greater 1 except for the Necker Island, Gardner than 50 ft (15.2 m) in length overall. Pinnacles, and Maro Reef Lobster Length overall (LOA) or length of a ves- Grounds. sel means, as used in §§ 665.21(i) and Longline fishing prohibited area means 665.22, the horizontal distance, rounded the portions of the EEZ in which to the nearest foot (with any 0.5 foot or longline fishing is prohibited as speci- 0.15 meter fraction rounded upward), fied in § 665.26. between the foremost part of the stem Longline fishing vessel means a vessel and the aftermost part of the stern, ex- that has longline gear on board the cluding bowsprits, rudders, outboard vessel. motor brackets, and similar fittings or Longline gear means a type of fishing attachments (see Figure 2 to this part). gear consisting of a main line that ex- ‘‘Stem’’ is the foremost part of the ves- ceeds 1 nm in length, is suspended hori- sel, consisting of a section of timber or zontally in the water column either an- fiberglass, or cast forged or rolled chored, floating, or attached to a ves- metal, to which the sides of the vessel sel, and from which branch or dropper are united at the fore end, with the lines with hooks are attached; except lower end united to the keel, and with that, within the protected species zone, the bowsprit, if one is present, resting longline gear means a type of fishing on the upper end. ‘‘Stern’’ is the after- gear consisting of a main line of any most part of the vessel. length that is suspended horizontally Live coral means any precious coral in the water column either anchored, that has live coral polyps or tissue. floating, or attached to a vessel, and Live rock means any natural, hard from which branch or dropper lines substrate, including dead coral or rock, with hooks are attached. to which is attached, or which sup- Low use marine protected area (MPA) ports, any living marine life-form asso- means an area of the U.S. EEZ where ciated with coral reefs. fishing operations have specific restric- Lobster closed area means an area of tions in order to protect the coral reef the EEZ that is closed to fishing for ecosystem, as specified under area re- lobster. strictions. Lobster grounds refers, singularly or Main Hawaiian Islands means the is- collectively, to the following four areas lands of the Hawaiian Islands Archi- in Crustaceans Permit Area 1 that pelago lying to the east of 161° W. long. shall be used to manage the lobster Main Hawaiian Islands Non-Commer- fishery: cial Bottomfish Permit means the permit (1) Necker Island Lobster Grounds—wa- required by § 665.61(a)(4) to own or fish ters bounded by straight lines con- from a vessel that is used in any non- necting the following coordinates in commercial vessel-based fishing, land- the order presented: 24°00′ N. lat., ing, or transshipment of any 165°00′ W. long.; 24°00′ N. lat., 164°00′ W. bottomfish management unit species in

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the Main Hawaiian Islands Manage- Common name Scientific name ment Subarea. Longfin mako shark ...... Isurus paucus Non-commercial fishing means fishing Salmon shark ...... Lamna ditropis that does not meet the definition of Albacore ...... Thunnus alalunga commercial fishing. Bigeye tuna ...... T. obesus Non-precious coral means any species Yellowfin tuna ...... T. albacore of coral other than those listed under Northern bluefin tuna ...... T. thynnus Skipjack tuna ...... Katsuwonus pelamis the definition for precious coral in this Kawakawa ...... Euthynnus affinis section. Wahoo ...... Acanthocybium solandri Non-selective gear means any gear Moonfish ...... Lampris spp. used for harvesting corals that cannot Oilfish family ...... Gempylidae Pomfret ...... family Bramidae discriminate or differentiate between Other tuna relatives ...... Auxis spp., Scomber spp.; types, size, quality, or characteristics Allothunus spp. of living or dead corals. Northwestern Hawaiian Islands (NWHI) Pacific Islands Regional Office (PIRO) means the islands of the Hawaiian Is- means the headquarters of the Pacific lands Archipelago lying to the west of Islands Region, NMFS, located at 1601 161° W. long. Kapiolani Blvd., Suite 1110, Honolulu, No-take MPA means an area of the Hawaii 96814; telephone number (808) U.S. EEZ that is closed to fishing for or 944–2200. harvesting of management unit spe- Pacific Remote Island Areas (PRIA) cies, precious corals and seamount bottomfish fishing permit means the per- groundfish, as defined in this section. mit required by § 665.61 to use a vessel Offloading means removing manage- to fish for bottomfish management ment unit species from a vessel. unit species (MUS) in the EEZ around Offset circle hook means a circle hook the PRIA, or to land bottomfish MUS in which the barbed end of the hook is shoreward of the outer boundary of the displaced relative to the parallel plane EEZ around the PRIA, with the excep- of the eyed-end, or shank, of the hook tion of EEZ waters around Midway when laid on its side. Atoll. Owner, as used in subparts C and D Pacific Remote Island Areas (PRIA) of this part and § 665.61(i) through (m), crustacean fishing permit means the per- means a person who is identified as the mit required by § 665.41 to use a vessel current owner of the vessel as de- to fish for crustacean management scribed in the Certificate of Docu- unit species (MUS) in the EEZ around mentation (Form CG–1270) issued by the PRIA, or to land crustacean MUS the USCG for a documented vessel, or shoreward of the outer boundary of the in a registration certificate issued by a EEZ around the PRIA, with the excep- state, a territory, or the USCG for an tion of EEZ waters around Midway undocumented vessel. As used in sub- Atoll. part F of this part and § 665.61(c) Pacific Remote Island Areas (PRIA) pe- through (h), the definition of ‘‘owner’’ lagic troll and handline fishing permit in § 600.10 of this chapter continues to means the permit required by § 665.21 to apply. use a vessel shoreward of the outer Pacific Pelagic Management Unit Spe- boundary of the EEZ around the PRIA cies means the following fish: to fish for Pacific pelagic management unit species using pelagic handline or Common name Scientific name troll fishing methods. Mahimahi (dolphinfish) ...... Coryphaena spp. Pacific remote island areas (PRIA, or Indo-Pacific blue marlin ...... Makaira mazara U.S. island possessions in the Pacific Black marlin ...... M. indica Striped marlin ...... Tetrapturus audax Ocean) means Palmyra Atoll, Kingman Shortbill spearfish ...... T. angustirostris Reef, Jarvis Island, Baker Island, Swordfish ...... Xiphias gladius Howland Island, Johnston Atoll, Wake Sailfish ...... Istiophorus platypterus Island, and Midway Atoll. Pelagic thresher shark ...... Alapias pelagicus Bigeye thresher shark ...... Alopias Pelagic handline fishing means fishing Common thresher shark ...... Alopias vulpinus for pelagic management unit species Silky shark ...... Carcharhinus falciformis from a stationary or drifting vessel Oceanic whitetip shark ...... Carcharhinus longimanus Blue shark ...... Prionace glauca using hook and line gear other than Shortfin mako shark ...... Isurus oxyrinchus longline gear.

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Pelagic troll fishing (trolling) means (ii) Kaena Point (Oahu), Permit Area fishing for pelagic management unit C-B-2, includes the area within a radius species from a moving vessel using of 0.5 nm of a point at 21°35.4′ N. lat., hook and line gear. 158°22.9′ W. long. Pelagics FMP means the Fishery Man- (iii) Brooks Bank, Permit Area C-B-3, agement Plan for the Pelagic Fisheries includes the area within a radius of 2.0 of the Western Pacific Region. nm of a point at 24°06.0′ N. lat., 166°48.0′ Potentially harvested coral reef taxa W. long. (PHCRT) means coral reef associated (iv) 180 Fathom Bank, Permit Area C- species, families, or subfamilies, as B-4, N.W. of Kure Atoll, includes the listed in Table 4 of this part, for which area within a radius of 2.0 nm of a little or no information is available be- point at 28°50.2′ N. lat., 178°53.4′ W. long. yond general taxonomic and distribu- (3) Refugia. Westpac Bed, Permit tion descriptions. These species have Area R-1, includes the area within a ra- either not been caught in the past or dius of 2.0 nm of a point at 23°18′ N. have been harvested annually in lat., 162°35′ W. long. amounts less than 454.54 kg (1,000 lb). (4) Exploratory areas. (1) Permit Area Coral reef ecosystem management unit X-P-H includes all coral beds, other species that are not listed as manage- than established beds, conditional beds, ment unit species, precious corals, sea- or refugia, in the EEZ seaward of the mount groundfish, as defined in this State of Hawaii. section, or listed as CHCRT in Table 3 (ii) Permit Area X-P-AS includes all of this part. coral beds, other than established beds, Precious coral means any coral of the conditional beds, or refugia, in the EEZ genus Corallium in addition to the fol- seaward of American Samoa. lowing species of corals: (iii) Permit Area X-P-G includes all coral beds, other than established beds, Common name Scientific name conditional beds, or refugia, in the EEZ Pink coral (also known as red coral) Corallium secundum. seaward of Guam. Pink coral (also known as red coral) Corallium regale. (iv) Permit Area X-P-PI includes all Pink coral (also known as red coral) Corallium laauense. Gold coral ...... Gerardia spp. coral beds, other than established beds, Gold coral ...... Callogorgia gilberti. conditional beds, or refugia, in the EEZ Gold coral ...... Narella spp. seaward of the U.S. Pacific Island pos- Gold coral ...... Calyptrophora spp. Bamboo coral ...... Lepidisis olapa. sessions. Bamboo coral ...... Acanella spp. (v) Permit Area X-P-CNMI includes Black coral ...... Antipathes dichotoma. all coral beds, other than established Black coral ...... Antipathes grandis. Black coral ...... Antipathes ulex. beds, conditional beds, or refugia, in the EEZ seaward of points 3 nautical Precious coral permit area means the miles from the shoreline of the CNMI. area encompassing the precious coral Protected species means an animal beds in the management area. Each bed protected under the MMPA, listed is designated by a permit area code and under the ESA, or subject to the Mi- assigned to one of the following four gratory Bird Treaty Act, as amended. categories: Protected species study zones means (1) Established beds. (i) Makapu’u the waters within a specified distance, (Oahu), Permit Area E-B–1, includes designated by the Regional Adminis- the area within a radius of 2.0 nm of a trator pursuant to § 665.66, around the point at 21°18.0′ N. lat., 157°32.5′ W. long. following islands of the NWHI and as (ii) Au’au Channel (Maui), Permit measured from the following coordi- Area E-B–2, includes the area west and nates: Nihoa Island 23°05′ N. lat., 161°55′ south of a point at 21°10′ N. lat., 156°40′ W. long.; Necker Island 23°35′ N. lat., W. long., and east of a point at 21° N. 164°40′ W. long.; French Frigate Shoals lat., 157° W. long., and west and north 23°45′ N. lat., 166°15′ W. long.; Gardner of a point at 20°45′ N. lat., 156°40′ W. Pinnacles 25°00′ N. lat., 168°00′ W. long.; long. Maro Reef 25°25′ N. lat., 170°35′ W. long.; (2) Conditional beds. (i) Keahole Point Laysan Island 25°45′ N. lat., 171°45′ W. (Hawaii), Permit Area C-B-1, includes long.; Lisianski Island 26°00′ N. lat., the area within a radius of 0.5 nm of a 173°55′ W. long.; Pearl and Hermes Reef point at 19°46.0′ N. lat., 156°06.0′ W. long. 27°50′ N. lat., 175°50′ W. long.; Midway

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Island 28°14′ N. lat., 177°22′ W. long.; and Shallow-set certificate means an origi- Kure Island 28°25′ N. lat., 178°20′ W. nal paper certificate that is issued by long. The protected species study zones NMFS and valid for one shallow-set of encompasses waters within 50 nm of longline gear (more than one nautical the geographical coordinates listed mile of deployed longline gear is a above. complete set) for sets that start during Protected species zone means an area, the period of validity indicated on the designated under § 665.26, measured certificate. from the center geographical positions Special Agent-In-Charge (SAC) means of certain islands and reefs in the the Special-Agent-In-Charge, NMFS, NWHI, as follows: Nihoa Island 23°05′ N. Pacific Islands Enforcement Division, lat., 161°55′ W. long.; Necker Island or a designee of the SAC, located at 300 23°35′ N. lat., 164°40′ W. long.; French Ala Moana Blvd., Suite 7–118, Honolulu, Frigate Shoals 23°45′ N. lat., 166°15′ W. Hawaii, 96850; telephone number (808) long; Gardner Pinnacles 25°00′ N. lat., 541–2727. 168°00′ W. long.; Maro Reef 25°25′ N. lat., Special permit means a permit issued 170°35′ W. long.; Laysan Island 25°45′ N. to allow fishing for coral reef eco- lat., 171°45′ W. long; Lisianski Island system management unit species in 26°00′ N. lat., 173°55′ W. long.; Pearl and low-use MPAs or to fish for any Hermes Reef 27°50′ N. lat., 175°50′ W. PHCRT. long.; Midway Islands 28°14′ N. lat., State of Hawaii Commercial Marine Li- 177°22′ W. long.; and Kure Island 28°25′ cense means the license required by the N. lat., 178°20′ W. long. Where the areas State of Hawaii for anyone to take ma- are not contiguous, parallel lines rine life for commercial purposes (also drawn tangent to and connecting those known as the commercial fishing li- semi-circles of the 50-nm areas that lie cense). between Nihoa Island and Necker Is- Transship means offloading or other- land, French Frigate Shoals and Gard- wise transferring management unit ner Pinnacles, Gardner Pinnacles and species or products thereof to a receiv- Maro Reef, and Lisianski Island and ing vessel. Pearl and Hermes Reef, shall delimit Trap means a box-like device used for the remainder of the protected species catching and holding lobsters or fish. zone. U.S. harvested corals means coral Receiving vessel permit means a permit caught, taken, or harvested by vessels required by § 665.21(c) for a receiving of the United States within any fishery vessel to transship or land Pacific pe- for which a fishery management plan lagic management unit species taken has been implemented under the Mag- by other vessels using longline gear. nuson Act. Regional Administrator means Direc- Vessel monitoring system unit (VMS tor, Pacific Islands Region, NMFS (see unit) means the hardware and software Table 1 of § 600.502 for address). owned by NMFS, installed on vessels Seamount groundfish means the fol- by NMFS, and required by subpart C of lowing species: this part to track and transmit the po- Common name Scientific name sitions of longline vessels or the hard- ware and software used by vessels to Armorhead ...... Pentaceros richardsoni. track and transmit the positions of Alfonsin ...... Beryx splendens. Raftfish ...... Hyperoglyphe japonica. vessels permitted under subpart D of this part to fish in Crustaceans Permit Selective gear means any gear used for Area 1. harvesting corals that can discriminate Western Pacific Fishery Management or differentiate between type, size, Area means those waters shoreward of quality, or characteristics of living or the outer boundary of the EEZ around dead corals. American Samoa, Guam, Hawaii, the Shallow-set or Shallow-setting means Northern Mariana Islands, Midway, the deployment of, or deploying, re- Johnston and Palmyra Atolls, King- spectively, longline gear in a manner man Reef, and Wake, Jarvis, Baker, that does not meet the definition of and Howland Islands. deep-set or deep-setting as defined in Western Pacific general longline permit this section. means the permit authorized under

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§ 665.21 to use a vessel shoreward of the section, must be reported to PIRO in outer boundary of the EEZ around writing within 15 days of the change to Guam, the Northern Mariana Islands, avoid a delay in processing the permit Johnston or Palmyra Atolls, Kingman application. A minimum of 10 days Reef, or Wake, Jarvis, Baker or from the day the information is re- Howland Islands to fish for Pacific pe- ceived by PIRO should be given for lagic management unit species using PIRO to record any change in informa- longline gear or to land or to transship tion from the permit application sub- Pacific pelagic management unit spe- mitted under paragraph (c) of this sec- cies that were caught using longline tion. Failure to report such changes gear. may result in a delay in processing an [61 FR 34572, July 2, 1996] application, permit holders failing to EDITORIAL NOTE: For FEDERAL REGISTER ci- receive important notifications, or tations affecting § 665.12, see the List of CFR sanctions pursuant to the Magnuson- Sections Affected, which appears in the Stevens Act at 16 U.S.C. § 1858(g) or 15 Finding Aids section of the printed volume CFR part 904, subpart D. and on GPO Access. (e) Issuance. After receiving a com- § 665.13 Permits and fees. plete application, the Regional Admin- istrator will issue a permit to an appli- (a) Applicability. The requirements for cant who is eligible under §§ 665.21, permits for specific Western Pacific 665.36, 665.41, 665.61, 665.601, or 665.8, or fisheries are set forth in subparts C, D, 665.602 as appropriate. E, F, and G of this part. (b) Validity. Each permit is valid for (f) Fees. (1) PIRO will not charge a fee fishing only in the specific fishery for a permit issued under subpart D or management areas identified on the F of this part, for a Ho′omalu Zone lim- permit. ited access permit, or for a Guam (c) Application. (1) A Western Pacific bottomfish permit issued under § 665.61. Federal Fisheries Permit Application (2) PIRO will charge a non-refundable Form may be obtained from the NMFS processing fee for each application (in- PIRO to apply for a permit or permits cluding transfers and renewals) for the to operate in any of the fisheries regu- following permits. The amount of the lated under subparts C, D, E, F, and G fee is calculated in accordance with the of this part. The completed application procedures of the NOAA Finance Hand- must be submitted to PIRO. In no case book, for determining the administra- shall PIRO accept an application that tive costs of each special product or is not on the Western Pacific Federal service incurred in processing the per- Fisheries Application Form. mit. The fee may not exceed such costs (2) A minimum of 15 days after the and is specified with each application day PIRO receives a complete applica- form. The appropriate fee must accom- tion should be allowed for processing a pany each application. Failure to pay permit application for fisheries under the fee will preclude the issuance, subparts C, D, E, and F of this part. A transfer or renewal of any of these per- minimum of 60 days after the day PIRO mits: receives a complete application should (i) Hawaii longline limited access be allowed for processing a permit ap- permit; plication for fisheries under subpart J (ii) Mau Zone limited access permit; of this part. If an incomplete or im- (iii) Coral reef ecosystem special per- properly completed application is filed, the applicant will be sent a letter of mit; notice of deficiency. If the applicant (iv) American Samoa longline lim- fails to correct the deficiency within 30 ited access permit; and days following the date of the letter of (v) Main Hawaiian Islands non-com- notification of deficiency, the applica- mercial bottomfish permit. tion will be considered abandoned. (g) Expiration. Permits issued under (d) Change in application information. subparts C, D, E, F, and G of this part Any change in the permit application are valid for the period specified on the information or vessel documentation, permit unless revoked, suspended, submitted under paragraph (c) of this transferred, or modified.

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(h) Replacement. Replacement permits manner determined by the Regional may be issued, without charge, to re- Administrator, and be submitted or place lost or mutilated permits. An ap- transmitted via an approved method as plication for a replacement permit is specified by the Regional Adminis- not considered a new application. trator, and as required by this para- (i) Transfer. An application for a per- graph (a). mit transfer under §§ 665.21(h), 665.41(e), (2) Timeliness of submission. (i) If fish- or 665.61(e), or for registration of a per- ing was authorized under a permit pur- mit for use with a replacement vessel suant to §§ 665.21, 665.41, 665.61(a)(1), under § 665.61(k), must be submitted to 665.61(a)(3), or 665.81 the vessel operator the PIRO as described in paragraph (c) must submit the original logbook form of this section. for each day of the fishing trip to the (j) Alteration. Any permit that has Regional Administrator within 72 been altered, erased, or mutilated is in- hours of the end of each fishing trip, valid. except as allowed in paragraph (iii) of (k) Display. Any permit issued under this section. this subpart, or a facsimile of the per- (ii) If fishing was authorized under a mit, must be on board the vessel at all permit pursuant to § 665.61(a)(4) the times while the vessel is fishing for, vessel operator or vessel owner must taking, retaining, possessing, or land- submit the original logbook form for ing management unit species shore- each day of the fishing trip to the Re- ward of the outer boundary of the fish- gional Administrator within 72 hours ery management area. Any permit of the end of each fishing trip. issued under this section must be dis- (iii) If fishing was authorized under a played for inspection upon request of PRIA bottomfish permit pursuant to an authorized officer. § 665.61(a)(2), PRIA pelagic troll and (l) Sanctions. Procedures governing handline permit pursuant to § 665.21(f), sanctions and denials are found at sub- crustaceans fishing permit for the part D of 15 CFR part 904. PRIA (Permit Area 4) pursuant to (m) Permit appeals. Procedures for ap- § 665.41, or a precious corals fishing per- peals of permit and administrative ac- mit for Permit Area X-P-PI pursuant tions are specified in the relevant sub- to § 665.81, the original logbook form parts of this part. for each day of fishing within the PRIA [61 FR 34572, July 2, 1996, as amended at 64 EEZ waters must be submitted to the FR 22812, Apr. 28, 1999; 69 FR 8342, Feb. 24, Regional Administrator within 30 days 2004; 70 FR 29651, May 24, 2005; 71 FR 64476, of the end of each fishing trip. Nov. 2, 2006; 73 FR 18458, Apr. 4, 2008] (iv) If fishing was authorized under a permit pursuant to § 665.602, the origi- § 665.14 Reporting and recordkeeping. nal logbook information for each day (a) Fishing record forms. (1) Applica- of fishing must be submitted to the Re- bility. The operator of any fishing ves- gional Administrator within 30 days of sel subject to the requirements of the end of each fishing trip. §§ 665.21, 665.41, 665.61(a)(2), 665.61(a)(3), (b) Transshipment logbooks. Any per- 665.61(a)(4), 665.81, or 665.602 must main- son subject to the requirements of tain on board the vessel an accurate § 665.21(c) or § 665.602(a)(2) must main- and complete record of catch, effort, tain on board the vessel an accurate and other data on paper report forms and complete NMFS transshipment provided by the Regional Adminis- logbook containing report forms pro- trator, or electronically as specified vided by the Regional Administrator. and approved by the Regional Adminis- All information specified on the forms trator. All information specified by the must be recorded on the forms within Regional Administrator must be re- 24 hours after the day of trans- corded on paper or electronically with- shipment. Each form must be signed in 24 hours after the completion of each and dated by the receiving vessel oper- fishing day. The logbook information, ator. The original logbook for each day reported on paper or electronically, for of transshipment activity must be sub- each day of the fishing trip must be mitted to the Regional Administrator signed and dated or otherwise authen- within 72 hours of each landing of Pa- ticated by the vessel operator in the cific pelagic management unit species.

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The original logbook for each day of ignated by the Regional Administrator, transshipment activity must be sub- to access, inspect, and copy all records mitted to the Regional Administrator relating to the harvest, sale, or trans- within 7 days of each landing of coral fer of crustacean management unit spe- reef ecosystem MUS. cies taken by vessels that have permits (c) Sales report. The operator of any issued under this subpart or that are fishing vessel subject to the require- otherwise subject to subpart D of this ments of § 665.41 must submit to the part. This requirement may be met by Regional Administrator, within 72 furnishing the information on a work- hours of offloading of crustaceans man- sheet provided by the Regional Admin- agement unit species, an accurate and istrator. The information must in- complete sales report on a form pro- clude, but is not limited to: vided by the Regional Administrator. The form must be signed and dated by (i) The name of the vessel involved in the fishing vessel operator. each transaction and the owner or op- (d) Packing or weigh-out slips. The op- erator of the vessel. erator of any fishing vessel subject to (ii) The amount, number, and size of the requirements of § 665.41 must at- each management unit species involved tach packing or weighout slips pro- in each transaction. vided to the operator by the first-level (iii) Prices paid by the buyer and pro- buyer(s), unless the packing or ceeds to the seller in each transaction. weighout slips have not been provided (3) Bottomfish and seamount groundfish in time by the buyer(s). management unit species. Any person (e) Modification of reporting and rec- who is required by state laws and regu- ordkeeping requirements. The Regional lations to maintain records of landings Administrator may, after consultation and sales for vessels regulated by this with the Council, initiate rulemaking subpart and subpart E of this part must to modify the information to be pro- make those records immediately avail- vided on the fishing record forms, able for Federal inspection and copying transshipment logbook, and sales re- upon request by an authorized officer. port forms and timeliness by which the (4) Coral reef ecosystem MUS. Any per- information is to be provided, includ- son who has a special permit and who ing the submission of packing or weighout slips. is required by state laws and regula- (f) Availability of records for inspec- tions to maintain and submit records tion—(1) Pacific pelagic management unit of catch and effort, landings and sales species. Upon request, any fish dealer for coral reef ecosystem MUS by this must immediately provide an author- subpart and subpart G of this part ized officer access for inspecting and must make those records immediately copying all records of purchases, sales, available for Federal inspection and or other transactions involving Pacific copying upon request by an authorized pelagic management unit species taken officer as defined in § 600.10 of this or handled by longline vessels that chapter of this chapter have permits issued under this subpart (g) State reporting. Any person who or that are otherwise subject to sub- has a permit under § 665.21, 665.61, or part C of this part, including, but not 665.601 and who is regulated by state limited to, information concerning: laws and regulations to maintain and (i) The name of the vessel involved in submit records of catch and effort, each transaction and the owner or op- landings and sales for vessels regulated erator of the vessel. by subparts C, E and G of this part (ii) The weight, number, and size of must maintain and submit those each species of fish involved in each records in the exact manner required transaction. by state laws and regulations. (iii) Prices paid by the buyer and pro- ceeds to the seller in each transaction. [61 FR 34572, July 2, 1996, as amended at 62 (2) Crustaceans management unit spe- FR 27524, May 20, 1997; 67 FR 56501, Sept. 4, cies. Upon request, any first-level buyer 2002; 69 FR 8343, Feb. 24, 2004; 71 FR 53607, must immediately allow an authorized Sept. 12, 2006; 71 FR 64476, Nov. 2, 2006; 72 FR officer and any employee of NMFS des- 19125, Apr. 17, 2007; 73 FR 18458, Apr. 4, 2008]

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§ 665.15 Prohibitions. cies, precious coral, seamount ground- fish or coral reef ecosystem MUS. In addition to the prohibitions in § 600.725 of this chapter, it is unlawful [61 FR 34572, July 2, 1996, as amended at 69 for any person to: FR 8343, Feb. 24, 2004] (a) Engage in fishing without a valid permit or facsimile of a valid permit on § 665.16 Vessel identification. board the vessel and available for in- (a) Each fishing vessel subject to this spection by an authorized officer, when subpart, except those identified in a permit is required under § 665.13 or paragraph (e) of this section, must dis- § 665.17, unless the vessel was at sea play its official number on the port and when the permit was issued under starboard sides of the deckhouse or § 665.13, in which case the permit must hull, and on an appropriate weather be on board the vessel before its next deck, so as to be visible from enforce- trip. ment vessels and aircraft. (b) File false information on any ap- (b) The official number must be af- plication for a fishing permit under fixed to each vessel subject to this sub- § 665.13 or an EFP under § 665.17. part and subparts C, D, E, and F of this (c) Fail to file reports in the exact part, in block Arabic numerals at least manner required by any state law or 18 inches (45.7 cm) in height for fishing regulation, as required in § 665.14. and receiving vessels of 65 ft (19.8 m) (d) Falsify or fail to make, keep, LOA or longer, and at least 10 inches maintain, or submit any logbook or (25.4 cm) in height for all other vessels, logbook form or other record or report except vessels subject to Subpart F and required under §§ 665.14 and 665.17. 65 ft (19.8 m) LOA or longer must be (e) Refuse to make available to an marked in block Arabic numerals at authorized officer or a designee of the least 14 inches (35.6 cm) in height. Regional Administrator for inspection Marking must be legible and of a color or copying, any records that must be that contrasts with the background. made available in accordance with (c) The vessel operator must ensure § 665.14. that the official number is clearly leg- (f) Fail to affix or maintain vessel or ible and in good repair. gear markings, as required by §§ 665.16, (d) The vessel operator must ensure 665.24, 665.47, and 665.605. that no part of the vessel, its rigging, (g) Violate a term or condition of an or its fishing gear obstructs the view of EFP issued under § 665.17. the official number from an enforce- (h) Fail to report any take of or ment vessel or aircraft. interaction with protected species as (e) The following fishing vessels are required by § 665.17(k). exempt from the vessel identification (i) Fish without an observer on board requirements in this section: the vessel after the owner or agent of (1) A vessel registered for use under a the owner has been directed by NMFS Main Hawaiian Islands non-commercial to make accommodations available for bottomfish permit that is in compli- an observer under §§ 665.17, 665.28, 665.49, ance with State of Hawaii bottomfish or 665.65. vessel registration and marking re- (j) Refuse to make accommodations quirements. available for an observer when so di- (2) [Reserved] rected by the Regional Administrator [61 FR 34572, July 2, 1996. Redesignated at 71 under § 665.28, § 665.49, or § 665.65, or FR 17989, Apr. 10, 2006; 73 FR 18459, Apr. 4, under any provision in an EFP issued 2008] under § 665.17. (k) Fail to notify officials as required § 665.17 Experimental fishing. in §§ 665.23, 665.28, 665.43, 665.63, and (a) General. The Regional Adminis- 665.603. trator may authorize, for limited pur- (l) Fish for, take or retain within a poses, the direct or incidental harvest no-take MPA, defined in § 665.18, any of management unit species that would bottomfish management unit species, otherwise be prohibited by this subpart crustacean management unit species, and subparts C, D, E, and F of this Pacific pelagic management unit spe- part. No experimental fishing may be

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conducted unless authorized by an EFP (e) Issuance. (1) If an application con- issued by the Regional Administrator tains all of the required information, in accordance with the criteria and NMFS will publish a notice of receipt procedures specified in this section. of the application in the FEDERAL REG- EFPs will be issued without charge. ISTER with a brief description of the (b) Observers. No experimental fishing proposal and will give interested per- for crustacean management unit spe- sons an opportunity to comment. The cies may be conducted unless an NMFS Regional Administrator will also for- scientific observer is aboard the vessel. ward copies of the application to the (c) Application. An applicant for an Council, the USCG, and the fishery EFP must submit to the Regional Ad- management agency of the affected ministrator at least 60 days before the state, accompanied by the following in- desired date of the EFP a written ap- formation: plication including, but not limited to, (i) The current utilization of domes- the following information: tic annual harvesting and processing (1) The date of the application. capacity (including existing experi- (2) The applicant’s name, mailing ad- mental harvesting, if any) of the di- dress, and telephone number. rected and incidental species for which (3) A statement of the purposes and an EFP is being requested. goals of the experiment for which an (ii) A citation of the regulation or EFP is needed, including a general de- regulations that, without the EFP, scription of the arrangements for dis- would prohibit the proposed activity. position of all species harvested under (iii) Biological information relevant the EFP. to the proposal. (4) A statement of whether the pro- (2) At a Council meeting following re- posed experimental fishing has broader ceipt of a complete application, the Re- significance than the applicant’s indi- gional Administrator will consult with vidual goals. the Council and the Director of the af- (5) For each vessel to be covered by fected state fishery management agen- the EFP: cy concerning the permit application. (i) Vessel name. The applicant will be notified in ad- (ii) Name, address, and telephone vance of the meeting at which the ap- number of owner and operator. plication will be considered, and in- (iii) USCG documentation, state li- vited to appear in support of the appli- cense, or registration number. cation, if the applicant desires. (iv) Home port. (3) Within 5 working days after the (v) Length of vessel. consultation in paragraph (e)(2) of this (vi) Net tonnage. section, or as soon as practicable there- (vii) Gross tonnage. after, NMFS will notify the applicant (6) A description of the species (di- in writing of the decision to grant or rected and incidental) to be harvested deny the EFP and, if denied, the rea- under the EFP and the amount of such sons for the denial. Grounds for denial harvest necessary to conduct the ex- of an EFP include, but are not limited periment. to, the following: (7) For each vessel covered by the (i) The applicant has failed to dis- EFP, the approximate times and places close material information required, or fishing will take place, and the type, has made false statements as to any size, and amount of gear to be used. material fact, in connection with his or (8) The signature of the applicant. her application. (d) Incomplete applications. The Re- (ii) According to the best scientific gional Administrator may request from information available, the harvest to an applicant additional information be conducted under the permit would necessary to make the determinations detrimentally affect any species of fish required under this section. An appli- in a significant way. cant will be notified of an incomplete (iii) Issuance of the EFP would in- application within 10 working days of equitably allocate fishing privileges receipt of the application. An incom- among domestic fishermen or would plete application will not be considered have economic allocation as its sole until corrected in writing. purpose.

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(iv) Activities to be conducted under presented for inspection upon request the EFP would be inconsistent with of any authorized officer. the intent of this section or the man- (j) Sanctions. Failure of the holder of agement objectives of the FMP. an EFP to comply with the terms and (v) The applicant has failed to dem- conditions of an EFP, the provisions of onstrate a valid justification for the subparts A through F of this part, any permit. other applicable provision of this part, (vi) The activity proposed under the the Magnuson Act, or any other regula- EFP would create a significant en- tion promulgated thereunder, is forcement problem. grounds for revocation, suspension, or (4) The decision to grant or deny an modification of the EFP with respect EFP is final and unappealable. If the to all persons and vessels conducting permit is granted, NMFS will publish a activities under the EFP. Any action notice in the FEDERAL REGISTER de- taken to revoke, suspend, or modify an scribing the experimental fishing to be EFP will be governed by 15 CFR part conducted under the EFP. The Re- 904 subpart D. Other sanctions avail- gional Administrator may attach able under the statute will be applica- terms and conditions to the EFP con- ble. sistent with the purpose of the experi- (k) Protected species. Persons fishing ment including, but not limited to: under an EFP must report any inci- (i) The maximum amount of each dental take or fisheries interaction species that can be harvested and land- with protected species on a form pro- ed during the term of the EFP, includ- vided for that purpose. Reports must be ing trip limits, where appropriate. submitted to the Regional Adminis- (ii) The number, sizes, names, and trator within 3 days of arriving in port. identification numbers of the vessels § 665.18 Area restrictions. authorized to conduct fishing activities under the EFP. (a) Fishing is prohibited in all no- (iii) The times and places where ex- take MPAs designated in this section. perimental fishing may be conducted. (b) Anchoring by all fishing vessels (iv) The type, size, and amount of over 50 ft (15.25 m) LOA is prohibited in gear which may be used by each vessel the U.S. EEZ seaward of the Territory operated under the EFP. of Guam west of 144°30′ E. long. except (v) The condition that observers be in the event of an emergency caused by carried aboard vessels operating under ocean conditions or by a vessel mal- an EFP. function that can be documented. (vi) Data reporting requirements. (c) MPAs—(1) No-take MPAs. The fol- (vii) Such other conditions as may be lowing U.S. EEZ waters are no-take necessary to assure compliance with MPAs: the purposes of the EFP consistent (i) Landward of the 50-fathom (fm) with the objectives of the FMP. (91.5-m) curve at Jarvis, Howland, and (f) Duration. Unless otherwise speci- Baker Islands, and Kingman Reef; as fied in the EFP or a superseding notice depicted on National Ocean Survey or regulation, an EFP is effective for Chart Numbers 83116 and 83153; no longer than 1 year, unless revoked, (ii) Landward of the 50-fm (91.5-m) suspended, or modified. EFPs may be curve around Rose Atoll, as depicted on renewed following the application pro- National Ocean Survey Chart Number cedures in this section. 83484. (g) Alteration. Any EFP that has been (2) Low-use MPAs. The following U.S. altered, erased, or mutilated is invalid. EEZ waters in the Western Pacific Re- (h) Transfer. EFPs issued under sub- gion are low-use MPAs: parts B through F of this part are not (i) All waters between the shoreline transferable or assignable. An EFP is and the 50-fm (91.5-m) curve around valid only for the vessel(s) for which it Johnston Atoll, Palmyra Atoll, and is issued. Wake Island as depicted on National (i) Inspection. Any EFP issued under Ocean Survey Chart Numbers 83637, subparts B through F of this part must 83157 and 81664. be carried aboard the vessel(s) for (ii) [Reserved] which it was issued. The EFP must be [69 FR 8343, Feb. 24, 2004]

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Subpart C—Western Pacific Northern Mariana Islands, or the Pa- Pelagic Fisheries cific remote island areas (with the ex- ception of Midway Atoll); or (2) To land or transship shoreward of SOURCE: 61 FR 34572, July 2, 1996, unless otherwise noted. Redesignated at 71 FR 17989, the outer boundary of the EEZ around Apr. 10, 2006. Guam, the Northern Mariana Islands, or the Pacific remote island areas § 665.21 Permits. (with the exception of Midway Atoll), (a) A vessel of the United States Pacific pelagic management unit spe- must be registered for use with a valid cies that were harvested using longline permit under the High Seas Fishing gear. Compliance Act if that vessel is used to (e) A receiving vessel of the United fish on the high seas, as required under States must be registered for use with § 300.15 of this title. a valid receiving vessel permit if that (b) A vessel of the United States vessel is used to land or transship, must be registered for use under a valid within the Western Pacific Fishery Hawaii longline limited access permit Management Area, Pacific pelagic if that vessel is used: management unit species that were (1) To fish for Pacific pelagic man- harvested using longline gear. agement unit species using longline (f) A vessel of the United States must gear in the EEZ around the Hawaiian be registered for use with a valid PRIA Archipelago; or pelagic troll and handline fishing per- (2) To land or transship, shoreward of mit if that vessel is used to fish for Pa- the outer boundary of the EEZ around cific pelagic management unit species the Hawaiian Archipelago, Pacific pe- using pelagic handline or trolling fish- lagic management unit species that ing methods in the EEZ around the were harvested using longline gear. PRIA. (c) A vessel of the United States (g) Any required permit must be must be registered for use under a valid valid and on board the vessel and avail- American Samoa longline limited ac- able for inspection by an authorized cess permit, in accordance with § 665.36, agent, except that, if the permit was if that vessel is used: issued (or registered to the vessel) dur- (1) To fish for Pacific pelagic man- ing the fishing trip in question, this re- agement unit species using longline quirement applies only after the start gear in the EEZ around American of any subsequent fishing trip. Samoa; or (h) A permit is valid only for the ves- (2) To land shoreward of the outer sel for which it is registered. A permit boundary of the EEZ around American not registered for use with a particular Samoa Pacific pelagic management vessel may not be used. unit species that were harvested using (i) An application for a permit re- longline gear in the EEZ around Amer- quired under this section will be sub- ican Samoa; or mitted to PIRO as described in § 665.13. (3) To transship shoreward of the (j) General requirements governing outer boundary of the EEZ around application information, issuance, fees, American Samoa Pacific pelagic man- expiration, replacement, transfer, al- agement unit species that were har- teration, display, and sanctions for per- vested using longline gear in the EEZ mits issued under this section, as appli- around American Samoa or on the high cable, are contained in § 665.13. seas. (k) A Hawaii longline limited access (d) A vessel of the United States permit may be transferred as follows: must be registered for use under a valid (1) The owner of a Hawaii longline Western Pacific general longline per- limited access permit may apply to mit, American Samoa longline limited transfer the permit: access permit, or Hawaii longline lim- (i) To a different person for registra- ited access permit if that vessel is tion for use with the same or another used: vessel; or (1) To fish for Pacific pelagic man- (ii) For registration for use with an- agement unit species using longline other U.S. vessel under the same own- gear in the EEZ around Guam, the ership.

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(2) [Reserved] hearing before a hearing officer des- (l) A Hawaii longline limited access ignated for that purpose. Such a hear- permit will not be registered for use ing normally shall be held no later with a vessel that has a LOA greater than 30 days following receipt of the than 101 ft (30.8 m). appeal, unless the hearing officer ex- (m) Only a person eligible to own a tends the time. The appellant and, at documented vessel under the terms of the discretion of the hearing officer, 46 U.S.C. 12102(a) may be issued or may other interested persons, may appear hold (by ownership or otherwise) a Ha- personally or be represented by counsel waii longline limited access permit. at the hearing and submit information (n) Permit appeals. Except as provided and present arguments as determined in subpart D of 15 CFR part 904, any ap- appropriate by the hearing officer. plicant for a permit or any permit Within 30 days of the last day of the owner may appeal to the Regional Ad- hearing, the hearing officer shall rec- ministrator the granting, denial, condi- ommend, in writing, a decision to the tioning, suspension, or transfer of a Regional Administrator. permit or requested permit under this (3) The Regional Administrator may section. To be considered by the Re- adopt the hearing officer’s rec- gional Administrator, the appeal must ommended decision, in whole or in be in writing, must state the action(s) part, or may reject or modify it. In any appealed, and the reasons therefor, and event, the Regional Administrator will must be submitted within 30 days of notify the appellant, and interested the action(s) by the Regional Adminis- persons, if any, of the decision, and the trator. The appellant may request an reason(s) therefor, in writing, within 30 informal hearing on the appeal. days of receipt of the hearing officer’s (1) Upon receipt of an appeal author- recommended decision. The Regional ized by this section, the Regional Ad- Administrator’s action shall constitute ministrator may request additional in- final Agency action for purposes of the formation. Upon receipt of sufficient Administrative Procedure Act. information, the Regional Adminis- (4) In the case of a timely appeal trator will decide the appeal in accord- from an American Samoa longline lim- ance with the criteria set out in this ited access permit initial permit deci- part for qualifying for, or renewing, sion, the Regional Administrator will limited access permits. In making such issue the appellant a temporary Amer- decision, the Administrator will review ican Samoa longline limited access relevant portions of the Fishery Man- permit. A temporary permit will expire agement Plan for the Pelagic Fisheries 20 days after the Regional Administra- of the Western Pacific Region, to the tor’s final decision on the appeal. In no event will a temporary permit be effec- extent such review would clarify the tive for longer than 60 days. criteria in this part. Such decision will (5) With the exception of temporary be based upon information relative to permits issued under paragraph (n)(4) the application on file at NMFS and of this section, any time limit pre- the Council and any additional infor- scribed in this section may be extended mation available; the summary record for a period not to exceed 30 days by kept of any hearing and the hearing of- the Regional Administrator for good ficer’s recommended decision, if any, cause, either upon his/her own motion as provided in paragraph (n)(3) of this or upon written request from the appel- section; and such other considerations lant stating the reason(s) therefor. as deemed appropriate. The Regional Administrator will notify the appellant [70 FR 29651, May 24, 2005] of the decision and the reasons there- for, in writing, normally within 30 days § 665.22 Prohibitions. of the receipt of sufficient information, In addition to the prohibitions speci- unless additional time is needed for a fied in Part 600 § 600.725 of this chapter, hearing. it is unlawful for any person to do any (2) If a hearing is requested, or if the of the following: Regional Administrator determines (a) Falsify or fail to make and/or file that one is appropriate, the Regional all reports of Pacific pelagic manage- Administrator may grant an informal ment unit species landings, containing

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all data and in the exact manner, as re- Samoa longline limited access permit quired by applicable state law or regu- or a Hawaii longline limited access per- lation, as specified in § 665.3, provided mit registered for use with that vessel, that the person is required to do so by to fish for Pacific pelagic management applicable state law or regulation. unit species using longline gear, in vio- (b) Use a vessel without a valid per- lation of § 665.21(d)(1). mit issued under the High Seas Fishing (i) Use a vessel shoreward of the Compliance Act to fish for Pacific pe- outer boundary of the EEZ around lagic management unit species using Guam, the Northern Mariana Islands, longline gear, on the high seas, in vio- or the Pacific remote island areas lation of §§ 300.15 and 665.21(a)of this (with the exception of Midway Atoll) title. without either a valid Western Pacific (c) Use a vessel in the EEZ around general longline permit, American the Hawaiian Archipelago without a Samoa longline limited access permit valid Hawaii longline limited access or a Hawaii longline limited access per- permit registered for use with that ves- mit registered for use with that vessel, sel, to fish for Pacific pelagic manage- to land or transship Pacific pelagic ment unit species using longline gear, management unit species that were in violation of § 665.21(b)(1). harvested using longline gear, in viola- (d) Use a vessel shoreward of the tion of § 665.21(d)(2). outer boundary of the EEZ around the (j) Use a vessel in the Western Pacific Hawaiian Archipelago without a valid Fishery Management Area to land or Hawaii longline limited access permit transship Pacific pelagic management registered for use with that vessel, to unit species caught by other vessels land or transship Pacific pelagic man- using longline gear, without a valid re- agement unit species that were har- ceiving vessel permit registered for use vested with longline gear, in violation with that vessel, in violation of of § 665.21(b)(2). § 665.21(e). (e) Use a vessel in the EEZ around (k) Use a vessel in the EEZ around American Samoa without a valid the PRIA employing handline or troll- American Samoa longline limited ac- ing methods to fish for Pacific pelagic cess permit registered for use with that management unit species without a vessel, to fish for Pacific pelagic man- valid PRIA pelagic troll and handline agement unit species using longline fishing permit registered for use for gear, in violation of § 665.21(c)(1). that vessel, in violation of § 665.21(f). (f) Use a vessel shoreward of the (l) Fish in the fishery after failing to outer boundary of the EEZ around comply with the notification require- American Samoa without a valid ments in § 665.23. American Samoa longline limited ac- (m) Fail to comply with notification cess permit registered for use with that requirements set forth in § 665.23 or in vessel, to land Pacific pelagic manage- any EFP issued under § 665.17. ment unit species that were caught (n) Fail to comply with a term or with longline gear within the EEZ condition governing the vessel moni- around American Samoa, in violation toring system when using a vessel reg- of § 665.21(c)(2). istered for use with a Hawaii longline (g) Use a vessel within the EEZ limited access permit, or a vessel reg- around American Samoa without a istered for use with a size Class C or D valid American Samoa longline limited American Samoa longline limited ac- access permit registered for use with cess permit, in violation of § 665.25. that vessel, to transship Pacific pelagic (o) Fish for, catch, or harvest Pacific management unit species that were pelagic management unit species with caught with longline gear, in violation longline gear without a VMS unit on of § 665.21(c)(3). board the vessel after installation of (h) Use a vessel in the EEZ around the VMS unit by NMFS, in violation of Guam, the Northern Mariana Islands, § 665.25(d)(2). or the Pacific remote island areas (p) Possess on board a vessel without (with the exception of Midway Atoll) a VMS unit Pacific pelagic manage- without either a valid Western Pacific ment unit species harvested with general longline permit, American longline gear after NMFS has installed

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the VMS unit on the vessel, in viola- Samoa longline limited access permit tion of § 665.25(d)(2). or a Hawaii longline limited access per- (q) Interfere with, tamper with, alter, mit, fail to comply with the sea turtle damage, disable, or impede the oper- handling, resuscitation, and release re- ation of a VMS unit or to attempt any quirements, in violation of § 665.32(b). of the same; or to move or remove a (bb) Engage in shallow-setting with- VMS unit without the prior permission out a valid shallow-set certificate for of the SAC in violation of § 665.25(d)(3). each shallow set made, in violation of (r) Make a false statement, oral or § 665.33(c). written, to an authorized officer, re- (cc) Own or operate a vessel reg- garding the use, operation, or mainte- istered for use under any longline per- nance of a VMS unit, in violation of mit issued under § 665.21 while engaged § 665.25(d)(1). in longline fishing for Pelagic Manage- (s) Interfere with, impede, delay, or ment Unit Species and fail to be cer- prevent the installation, maintenance, tified for completion of a NMFS pro- repair, inspection, or removal of a VMS tected species workshop, in violation of unit, in violation of § 665.25(d)(1). § 665.34(a). (t) Interfere with, impede, delay, or (dd) Own or operate a vessel reg- prevent access to a VMS unit by a istered for use under any longline per- NMFS observer, in violation of mit issued under § 665.21 while engaged § 665.28(f)(4). in longline fishing for Pelagic Manage- (u) Connect or leave connected addi- ment Unit Species without having on tional equipment to a VMS unit with- board a valid protected species work- out the prior approval of the SAC, in shop certificate issued by NMFS or a violation of § 665.25(e). legible copy thereof, in violation of (v) Fish with longline gear within a § 665.34(d). longline fishing prohibited area, except (ee) Possess light sticks on board a as allowed pursuant to an exemption vessel registered for use under a Hawaii issued under § 665.17 or § 665.27, in viola- longline limited access permit at any tion of § 665.26. time during a trip for which notifica- (w) Fish for Pacific pelagic manage- tion to NMFS under § 665.23(a) indi- ment unit species with longline gear cated that deep-setting would be done, within the protected species zone, in in violation of § 665.33(d). violation of § 665.26(b). (ff) Fail to carry, or fail to use, a line (x) Fail to comply with a term or clipper, dip net, or dehooker on a vessel condition governing the observer pro- registered for use under any longline gram established in § 665.28 if using a permit issued under § 665.21, in viola- vessel registered for use with a Hawaii tion of § 665.32. longline limited access permit, or a (gg) Engage in shallow-setting from a vessel registered for use with a size vessel registered for use under a Hawaii Class B, C or D American Samoa longline limited access permit north of longline limited access permit, to fish the equator (0° lat.) with hooks other for Pacific pelagic management unit than offset circle hooks sized 18/0 or species using longline gear. larger, with 10° offset, in violation of (y) Fail to comply with other terms § 665.33(f). and conditions that the Regional Ad- (hh) Engage in shallow-setting from a ministrator imposes by written notice vessel registered for use under a Hawaii to either the permit holder or the des- longline limited access permit north of ignated agent of the permit holder to the equator (0° lat.) with bait other facilitate the details of observer place- than mackerel-type bait, in violation ment. of § 665.33(g). (z) Fail to fish in accordance with the (ii) When operating a vessel reg- seabird take mitigation techniques set istered for use under any longline per- forth at § 665.35(a)(1) or § 665.35(a)(2) mit issued under § 665.21 or operating a when operating a vessel registered for vessel using hooks to target Pelagic use under a Hawaii longline limited ac- Management Unit Species while fishing cess permit in violation of § 665.35(a). under the Pelagics FMP, fail to comply (aa) When operating a vessel reg- with the sea turtle handling require- istered for use under a American ments, in violation of § 665.32(b).

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(jj) Engage in shallow-setting from a (rr) Fail to handle short-tailed vessel registered for use under any albatrosses that are caught by pelagic longline permit issued under § 665.21 longline gear in a manner that maxi- north of the Equator (0° lat.) with mizes the probability of their long- hooks other than offset circle hooks term survival, in violation of § 665.35 sized 18/0 or larger, with a 10° offset, in (b). violation of § 665.33(f). (ss) Engage in shallow-setting from a (kk) Engage in shallow-setting from vessel registered for use under a Hawaii a vessel registered for use under any longline limited access permit after longline permit issued under § 665.21 the shallow-set component of the north of the Equator (0° lat.) with bait longline fishery has been closed pursu- other than mackerel-type bait, in vio- ant to § 665.33(b), in violation of lation of § 665.33(g). § 665.33(i). (ll) Operate a vessel registered for (tt) Fail to immediately retrieve use under a Hawaii longline limited ac- longline fishing gear upon receipt of cess permit while engaged in longline actual notice that the shallow-set com- fishing without having on board a valid ponent of the longline fishery has been protected species workshop certificate closed pursuant to § 665.33(b), in viola- issued by NMFS or a legible copy tion of § 665.33(i). thereof, in violation of § 665.34(d). (uu)–(vv) [Reserved] (mm) Fail to use a line setting ma- (ww) Fail to handle seabirds other chine or line shooter, with weighted than short-tailed albatrosses that are branch lines, to set the main longline caught by pelagic longline gear in a when operating a vessel that is reg- manner that maximizes the probability istered for use under a Hawaii longline of their long-term survival, in viola- limited access permit and equipped tion of § 665.35(c). with monofilament main longline, (xx) Use a large vessel to fish for Pe- when making deep sets north of 23° N. lagic management unit species within lat., in violation of § 665.35(a)(1) or an American Samoa large vessel pro- (a)(2). hibited area except as allowed pursuant (nn) Fail to employ basket-style to an exemption issued under § 665.38. longline gear such that the mainline is (yy) Fish for Pacific pelagic manage- deployed slack when operating a vessel ment unit species using gear prohibited registered for use under a Hawaii under § 665.30 or not permitted by an longline limited access north of 23° N. EFP issued under § 665.17. lat., in violation of § 665.35(a)(3). [70 FR 29652, May 24, 2005, as amended at 70 (oo) Fail to maintain and use blue FR 69284, Nov. 15, 2005; 70 FR 75080, Dec. 19, dye to prepare thawed bait when oper- 2005; 72 FR 8291, Feb. 26, 2007] ating a vessel registered for use under a Hawaii longline limited access per- § 665.23 Notifications. mit that is fishing north of 23° N. lat., (a) The permit holder for any vessel in violation of § 665.35(a)(4), (a)(5), or registered for use under a Hawaii (a)(6). longline limited access permit or for (pp) Fail to retain, handle, and dis- any vessel greater than 40 ft (12.2 m) in charge fish, fish parts, and spent bait, length overall that is registered for use strategically when operating a vessel under an American Samoa longline registered for use under a Hawaii limited access permit, or a designated longline limited access permit that is agent, shall provide a notice to the Re- fishing north of 23° N. lat., in violation gional Administrator at least 72 hours of § 665.35(a)(7), through (a)(9). (not including weekends and Federal (qq) Fail to be begin the deployment holidays) before the vessel leaves port of longline gear at least 1 hour after on a fishing trip, any part of which oc- local sunset or fail to complete the set- curs in the EEZ around the Hawaiian ting process before local sunrise from a Archipelago or American Samoa. For vessel registered for use under a Hawaii the purposes of this section, the vessel longline limited access permit while operator will be presumed to be an shallow-setting north of 23° N. lat., in agent designated by the permit holder violation of § 665.35(a)(1). unless the Regional Administrator is

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otherwise notified by the permit hold- § 665.24 Gear identification. er. The notice must be provided to the (a) Identification. The operator of office or telephone number designated each permitted vessel in the fishery by the Regional Administrator. The management area must ensure that the notice must provide the official num- official number of the vessel be affixed ber of the vessel, the name of the ves- to every longline buoy and float, in- sel, the intended departure date, time, cluding each buoy and float that is at- and location, the name of the operator tached to a radar reflector, radio an- of the vessel, and the name and tele- tenna, or flag marker, whether at- phone number of the agent designated tached to a deployed longline or pos- by the permit holder to be available be- sessed on board the vessel. Markings tween 8 a.m. and 5 p.m. (local time) on must be legible and permanent, and weekdays for NMFS to contact to ar- must be of a color that contrasts with range observer placement. Permit the background material. holders for vessels registered for use (b) Enforcement action. Longline gear under Hawaii longline limited access not marked in compliance with para- permits must also provide notification graph (a) of this section and found de- of the trip type (either deep-setting or ployed in the EEZ will be considered shallow-setting). unclaimed or abandoned property, and (b) The operator of any vessel subject may be disposed of in any manner con- to the requirements of this subpart sidered appropriate by NMFS or an au- who does not have on board a VMS unit thorized officer. while transiting the protected species zone as defined in § 665.12, must notify § 665.25 Vessel monitoring system. the NMFS Special-Agent-In-Charge im- (a) VMS unit. Only a VMS unit owned mediately upon entering and imme- by NMFS and installed by NMFS com- diately upon departing the protected plies with the requirement of this sub- species zone. The notification must in- part. clude the name of the vessel, name of (b) Notification. After a Hawaii the operator, date and time (GMT) of longline limited access permit holder access or exit from the protected spe- or size Class C or D American Samoa cies zone, and location by latitude and longline limited access permit holder longitude to the nearest minute. has been notified by the SAC of a spe- (c) The permit holder for any Amer- cific date for installation of a VMS ican Samoa longline limited access unit on the permit holder’s vessel, the permit, or an agent designated by the vessel must carry the VMS unit after permit holder, must notify the Re- the date scheduled for installation. gional Administrator in writing within (c) Fees and charges. During the ex- 30 days of any change to the permit perimental VMS program, a Hawaii holder’s contact information or any longline limited access permit holder change to the vessel documentation as- or size Class C or D American Samoa sociated with a permit registered to an longline permit holder with a size Class American Samoa longline limited ac- D or D permit shall not be assessed any cess permit. Complete changes in the fee or other charges to obtain and use ownership of the vessel registered to an a VMS unit, including the communica- American Samoa longline limited ac- tion charges related directed to re- cess permit must also be reported to quirements under this section. Commu- PIRO in writing within 30 days of the nication charges related to any addi- change. Failure to report such changes tional equipment attached to the VMS may result in a delay in processing an unit by the owner or operator shall be the responsibility of the owner or oper- application, permit holders failing to ator and not NMFS. receive important notifications, or sanctions pursuant to the Magnuson- (d) Permit holder duties. The holder of a Hawaii longline limited access per- Stevens Act at 16 U.S.C. § 1858(g) or 15 mit or a size Class C or D American CFR part 904, subpart D. Samoa longline permit and master of [70 FR 29654, May 24, 2005] the vessel must:

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(1) Provide opportunity for the SAC bounded by straight lines connecting to install and make operational a VMS the following coordinates in the order unit after notification. listed: (2) Carry the VMS unit on board whenever the vessel is at sea. Point N. lat. W. long. (3) Not remove or relocate the VMS A ...... 18°05′ 155°40′ unit without prior approval from the L ...... 18°25′ 155°40′ SAC. M ...... 19°00′ 154°45′ N ...... 19°15′ 154°25′ (e) Authorization by the SAC. The SAC O ...... 19°40′ 154°20′ has authority over the installation and P ...... 20°20′ 154°55′ operation of the VMS unit. The SAC Q ...... 20°35′ 155°30′ R ...... 21°00′ 155°35′ may authorize the connection or order S ...... 22°30′ 157°35′ the disconnection of additional equip- T ...... 22°40′ 159°35′ ment, including a computer, to any U ...... 22°25′ 160°20′ V ...... 21°55′ 160°55′ VMS unit when deemed appropriate by W ...... 21°40′ 161°00′ the SAC. E ...... 21°40′ 161°55′ D ...... 20°40′ 161°40′ [61 FR 34572, July 2, 1996, as amended at 70 C ...... 20°00′ 157°30′ FR 29654, May 24, 2005] B ...... 18°20′ 156°25′ A ...... 18°05′ 155°40′ § 665.26 Longline fishing prohibited area management. (d) Guam. The longline fishing pro- (a) Prohibited areas. Longline fishing hibited area around Guam is the waters shall be prohibited in the longline fish- seaward of Guam bounded by straight ing prohibited areas as defined in para- lines connecting the following coordi- graphs (b), (c), and (d) of this section. nates in the order listed: (b) Longline protected species zone. The Point N. lat. E. long. protected species zone is 50 nm from the center geographical positions of A ...... 14°25′ 144°00′ B ...... 14°00′ 143°38′ Nihoa Island, Necker Island, French C ...... 13°41′ 143°33′33″ Frigate Shoals, Gardner Pinnacles, D ...... 13°00′ 143°25′30″ Maro Reef, Laysan Island, Lisianski Is- E ...... 12°20′ 143°37′ land, Pearl and Hermes Reef, Midway F ...... 11°40′ 144°09′ G ...... 12°00′ 145°00′ Islands, and Kure Island, as defined in H ...... 13°00′ 145°42′ § 665.12. I ...... 13°27′ 145°51′ (c) Main Hawaiian Islands. (1) From February 1 through September 30 each [61 FR 34572, July 2, 1996, as amended at 71 year, the longline fishing prohibited FR 10869, Mar. 3, 2006] area around the main Hawaiian Islands is the portion of the EEZ seaward of § 665.27 Exemptions for longline fish- Hawaii bounded by straight lines con- ing prohibited areas; procedures. necting the following coordinates in (a) An exemption permitting a person the order listed: to use longline gear to fish in a por- tion(s) of the Hawaii longline fishing Point N. lat. DW. long. prohibited area will be issued to a per- A ...... 18°05′ 155°40′ son who can document that he or she: B ...... 18°20′ 156°25′ (1) Currently owns a Hawaii longline C ...... 20°00′ 157°30′ D ...... 20°40′ 161°40′ limited access permit issued under this E ...... 21°40′ 161°55′ part and registered for use with his or F ...... 23°00′ 161°30′ her vessel. G ...... 23°05′ 159°30′ H ...... 22°55′ 157°30′ (2) Before 1970, was the owner or op- I ...... 21°30′ 155°30′ erator of a vessel when that vessel J ...... 19°50′ 153°50′ landed Pacific pelagic management K ...... 19°00′ 154°05′ A ...... 18°05′ 155°40′ unit species taken on longline gear in an area that is now within the Hawaii (2) From October 1 through the fol- longline fishing prohibited area. lowing January 31 each year, the (3) Was the owner or operator of a longline fishing prohibited area around vessel that landed Pacific pelagic man- the main Hawaiian Islands is the por- agement unit species taken on longline tion of the EEZ seaward of Hawaii gear in an area that is now within the

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Hawaii longline fishing prohibited (1) If additional exemptions are need- area, in at least 5 calendar years after ed, the Council will advise the Re- 1969, which need not be consecutive. gional Administrator in writing of its (4) In any one of the 5 calendar years, recommendation, including criteria by was the owner or operator of a vessel which financial hardships will be miti- that harvested at least 80 percent of its gated, while retaining the effectiveness total landings, by weight, of longline- of the longline fishing prohibited area. caught Pacific pelagic management (2) Following a review of the Coun- unit species in an area that is now in cil’s recommendation and supporting the Hawaii longline fishing prohibited rationale, the Regional Administrator area. may: (b) Each exemption shall specify the (i) Reject the Council’s recommenda- portion(s) of the Hawaii longline fish- tion, in which case written reasons will ing prohibited area, bounded by longi- be provided by the Regional Adminis- tudinal and latitudinal lines drawn to trator to the Council for the rejection; include each statistical area, as ap- or pearing on Hawaii State Commercial (ii) Concur with the Council’s rec- Fisheries Charts, in which the exemp- tion holder made the harvest docu- ommendation and, after finding that it mented for the exemption application is consistent with the goals and objec- under paragraph (a)(4) of this section. tives of the Pelagics FMP, the national (c) Each exemption is valid only standards, and other applicable law, within the portion(s) of the Hawaii initiate rulemaking to implement the longline fishing prohibited area speci- Council’s recommendations. fied on the exemption. [61 FR 34572, July 2, 1996, as amended at 70 (d) A person seeking an exemption FR 29657, May 24, 2005] under this section must submit an ap- plication and supporting documenta- § 665.28 Conditions for at-sea observer tion to the PIRO at least 15 days before coverage. the desired effective date of the exemp- (a) NMFS shall advise the permit tion. holder or the designated agent of any (e) If the Regional Administrator de- observer requirement at least 24 hours termines that a gear conflict has oc- (not including weekends and Federal curred and is likely to occur again in holidays) before any trip for which the Hawaii longline fishing prohibited NMFS received timely notice in com- area between a vessel used by a person pliance with these regulations. holding an exemption under this sec- (b) The ‘‘Notice Prior to Fishing tion and a non-longline vessel, the Re- gional Administrator may prohibit all Trip’’ requirements in this subpart longline fishing in the Hawaii longline commit the permit holder to the rep- fishing prohibited area around the is- resentations in the notice. The notice land where the conflict occurred, or in can be modified by the permit holder or portions thereof, upon notice to each designated agent because of changed holder of an exemption who would be circumstance, if the Regional Adminis- affected by such a prohibition. trator is promptly provided a modifica- (f) The Council will consider informa- tion to the notice that complies with tion provided by persons with Hawaii the notice requirements. The notice longline limited access permits issued will also be considered modified if the under this part who believe they have Regional Administrator and the permit experienced extreme financial hardship holder or designated agent agree to resulting from the Hawaii longline area placement changes. closure, and will consider recommenda- (c) When NMFS notifies the permit tions of the Pelagic Advisory Review holder or designated agent of the obli- Board to assess whether exemptions gation to carry an observer in response under this section should continue to to a notification under this subpart, or be allowed, and, if appropriate, revise as a condition of an EFP issued under the qualifying criteria in paragraph (a) § 665.17, the vessel may not engage in of this section to permit additional ex- the fishery without taking the ob- emptions. server.

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(d) A NMFS observer shall arrive at (i) Reimbursement requirements are the observer’s assigned vessel 30 min- as follows: utes before the time designated for de- (1) Upon observer verification of ves- parture in the notice or the notice as sel accommodations and the number of modified, and will wait 1 hour for de- assigned days on board, NMFS will re- parture. imburse vessel owners a reasonable (e) A permit holder must accommo- amount for observer subsistence as de- date a NMFS observer assigned under termined by the Regional Adminis- these regulations. The Regional Ad- trator. ministrator’s office, and not the ob- (2) If requested and properly docu- server, will address any concerns raised mented, NMFS will reimburse the ves- over accommodations. sel owner for the following: (f) The permit holder, vessel oper- (i) Communications charges incurred ator, and crew must cooperate with the by the observer. observer in the performance of the ob- (ii) Lost fishing time arising from a server’s duties, including: seriously injured or seriously ill ob- (1) Allowing for the embarking and server, provided that notification of debarking of the observer. the nature of the emergency is trans- (2) Allowing the observer access to mitted to the Observer Program, all areas of the vessel necessary to con- NMFS (see address for PIRO Regional duct observer duties. Administrator) at the earliest prac- (3) Allowing the observer access to tical time. NMFS will reimburse the communications equipment and navi- owner only for those days during which gation equipment as necessary to per- the vessel is unable to fish as a direct form observer duties. result of helping the NMFS employee (4) Allowing the observer access to who is seriously injured or seriously VMS units to verify operation, obtain ill. Lost fishing time is based on time data, and use the communication capa- travelling to and from the fishing bilities of the units for official pur- grounds and any documented out-of- poses. pocket expenses for medical services. (5) Providing accurate vessel loca- Payment will be based on the current tions by latitude and longitude or target fish market prices and that ves- loran coordinates, upon request by the sel’s average target fish catch retained observer. per day at sea for the previous 2 years, (6) Providing sea turtle, marine but shall not exceed $5,000 per day or mammal, or sea bird specimens as re- $20,000 per claim. Detailed billing with quested. receipts and supporting records are re- (7) Notifying the observer in a timely quired for allowable communication fashion when commercial fishing oper- and lost fishing time claims. The claim ations are to begin and end. must be completed in ink, showing the (g) The permit holder, operator, and claimant’s printed name, address, ves- crew must comply with other terms sel name, observer name, trip dates, and conditions to ensure the effective days observer on board, an explanation deployment and use of observers that of the charges, and claimant’s dated the Regional Administrator imposes by signature with a statement verifying written notice. the claim to be true and correct. Re- (h) The permit holder must ensure quested reimbursement claims must be that assigned observers are provided submitted to the Fisheries Observer living quarters comparable to crew Branch, Pacific Islands Region, NMFS. members and are provided the same NMFS will not process reimbursement meals, snacks, and amenities as are invoices and documentation submitted normally provided to other vessel per- more than 120 days after the occur- sonnel. A mattress or futon on the rence. floor or a cot is not acceptable if a reg- (j) If a vessel normally has cabins for ular bunk is provided to any crew crew members, female observers on a member, unless other arrangements vessel with an all-male crew must be are approved in advance by the Re- accommodated either in a single per- gional Administrator. son cabin or, if NMFS concludes that

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adequate privacy can be ensured by in- (c) Procedure for established measures. stalling a curtain or other temporary (1) Established measures are manage- divider, in a two-person shared cabin. If ment measures that, at some time, the vessel normally does not have cab- have been included in regulations im- ins for crew members, alternative ac- plementing the FMP, and for which the commodations must be approved by impacts have been evaluated in Coun- NMFS. If a cabin assigned to a female cil/NMFS documents in the context of observer does not have its own toilet current conditions. and shower facilities that can be pro- (2) Following the framework proce- vided for the exclusive use of the ob- dures of Amendment 7 to the Pelagics server, or if no cabin is assigned, then FMP, the Council may recommend to arrangements for sharing common fa- the Regional Administrator that estab- cilities must be established and ap- proved in advance by NMFS. lished measures be modified, removed, or re-instituted. Such recommendation [61 FR 34572, July 2, 1996, as amended at 70 shall include supporting rationale and FR 29657, May 24, 2005] analysis, and shall be made after ad- § 665.29 Port privileges and transiting vance public notice, public discussion, for unpermitted U.S. longline ves- and consideration of public comment. sels. NMFS may implement the Council’s A U.S. longline fishing vessel that recommendation by rulemaking if ap- does not have a permit under subpart B proved by the Regional Administrator. of this part may enter waters of the (d) Procedure for new measures. (1) fishery management area with Pacific New measures are management meas- pelagic management unit species on ures that have not been included in board, but may not land or transship regulations implementing the FMP, or any management unit species on board for which the impacts have not been the vessel. The vessel’s longline gear evaluated in Council/NMFS documents must be stowed or secured so it is ren- in the context of current conditions. dered unusable during the time the ves- (2) Following the framework proce- sel is in those waters. dures of Amendment 7 to the Pelagics FMP, the Council will publicize, in- § 665.30 Prohibition of drift gillnetting. cluding by FEDERAL REGISTER notice, Fishing with drift gillnets in the fish- and solicit public comment on, any ery management area is prohibited, ex- proposed new management measure. cept where authorized5by an EFP After a Council meeting at which the issued under § 665.17. measure is discussed, the Council will consider recommendations and prepare § 665.31 Framework adjustments to management measures. a FEDERAL REGISTER notice summa- rizing the Council’s deliberations, ra- (a) Adjustments in man- Introduction. tionale, and analysis for the preferred agement measures may be made action, and the time and place for any through rulemaking if new information subsequent Council meeting(s) to con- demonstrates that there are biological, sider the new measure. At subsequent social, or economic concerns in the fishery. The following framework proc- public meeting(s), the Council will con- ess authorizes the implementation of sider public comments and other infor- measures that may affect the operation mation received to make a rec- of the fisheries, gear, harvest guide- ommendation to the Regional Adminis- lines, or changes in catch and/or effort. trator about any new measure. NMFS (b) Annual report. By June 30 of each may implement the Council’s rec- year, the Council-appointed Pelagics ommendation by rulemaking if ap- Plan Team will prepare an annual re- proved by the Regional Administrator. port on the fisheries in the manage- ment area. The report shall contain, § 665.32 Sea turtle take mitigation among other things, recommendations measures. for Council action and an assessment of (a) Possession and use of required miti- the urgency and effects of such ac- gation gear. The gear required in para- tion(s). graph (a) of this section must be used

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according to the sea turtle handling re- The minimum design standards for dip quirements set forth in paragraph (b) nets that meet the requirements of this of this section. section nets are: (1) Hawaii longline limited access per- (i) An extended reach handle. The dip mits. Any owner or operator of a vessel net must have an extended reach han- registered for use under a Hawaii dle of at least 6 ft (1.82 m) of wood or longline limited access permit must other rigid material able to support a carry aboard the vessel line clippers minimum of 100 lbs (34.1 kg) without meeting the minimum design standards breaking or significant bending or dis- specified in paragraph (a)(5) of this sec- tortion. tion, dip nets meeting the minimum (ii) Size of dip net. The dip net must design standards specified in paragraph have a net hoop of at least 31 inches (a)(6) of this section, and dehookers (78.74 cm) inside diameter and a bag meeting the minimum design and per- depth of at least 38 inches (96.52 cm). formance standards specified in para- The bag mesh openings may be no more graph (a)(4) of this section. than 3 inches × 3 inches (7.62 cm 7.62 (2) Other longline vessels with cm). freeboards of more than 3 ft (0.91m). Any (6) Dehookers—(i) Long-handled owner or operator of a longline vessel dehooker for ingested hooks. This item is with a permit issued under § 665.21 intended to be used to remove ingested other than a Hawaii limited access hooks from sea turtles that cannot be longline permit and that has a boated, and to engage a loose hook freeboard of more than 3 ft (0.91 m) when a turtle is entangled but not must carry aboard the vessel line clip- hooked and line is being removed. One pers meeting the minimum design long-handled dehooker for ingested standards specified in paragraph (a)(5) hooks is required on board. The min- of this section, dip nets meeting the imum design and performance stand- minimum design standards specified in ards are as follows: paragraph (a)(6) of this section, and (A) Hook removal device. The hook re- dehookers meeting ths minimum de- moval device must be constructed of 5/ sign and performance standards speci- 16–inch (7.94 mm) 316 L stainless steel fied in paragraph (a)(7) of this section. and have a dehooking end no larger (3) Other longline vessels with than 1 7/8 inches (4.76 cm) outside di- freeboards of 3 ft (0.91 m) or less. Any ameter. The device must be capable of owner or operator of a longline vessel securely engaging and controlling the with a permit issued under § 665.21 leader while shielding the barb of the other than a Hawaii limited access hook to prevent the hook from re-en- longline permit and that has a gaging during removal. It must not freeboard of 3 ft (0.91 m) or less must have any unprotected terminal points carry aboard their vessels line clippers (including blunt ones), as these could capable of cutting the vessels fishing cause injury to the esophagus during line or leader within approximately 1 ft hook removal. The device must be of a (0.3 m) of the eye of an embedded hook, size capable of securing the range of as well as wire or bolt cutters capable hook sizes and styles used by the ves- of cutting through the vessel’s hooks. sel. (4) Handline, troll, pole-and-line, and (B) Extended reach handle. The hook other vessels using hooks other than removal device must be securely fas- longline vessels. Any owner or operator tened to an extended reach handle or of a vessel fishing under the Pelagics pole with a length equal to or greater FMP with hooks other than longline than 150 percent of the vessel’s gear are not required to carry specific freeboard or 6 ft (1.83 m), whichever is mitigation gear, but must comply with greater. It is recommended that the the handling requirements set forth in handle be designed so that it breaks paragraph (b) of this section. down into sections. The handle must be (5) Dip nets. Dip nets are intended to sturdy and strong enough to facilitate facilitate safe handling of sea turtles the secure attachment of the hook re- and access to sea turtles for purposes moval device. of cutting lines in a manner that mini- (ii) Long-handled dehooker for external mizes injury and trauma to sea turtles. hooks. This item is intended to be used

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to remove externally-hooked hooks of the mouth of sea turtles that can be from sea turtles that cannot be boated. boated. One short-handled dehooker for The long-handled dehooker for ingested ingested hooks is required on board. hooks described in paragraph (a)(4)(i) The minimum design and performance of this section meets this requirement. standards are as follows: The minimum design and performance (A) Hook removal device. The hook re- standards are as follows: moval device must be constructed of 1/ (A) Construction. The device must be 4–inch (6.35–mm) 316 L stainless steel, constructed of 5/16–inch (7.94 mm) 316 L and the design of the dehooking end stainless steel rod. A 5–inch (12.70–cm) must be such to allow the hook to be tube T-handle of 1–inch (2.54–cm) out- secured and the barb shielded without side diameter is recommended, but not re-engaging during the hook removal required. The dehooking end must be process. The dehooking end must be no blunt with all edges rounded. The de- larger than 1 5/16 inch (3.33 cm) outside vice must be of a size capable of secur- diameter. It must not have any unpro- ing the range of hook sizes and styles tected terminal points (including blunt used by the vessel. ones), as this could cause injury to the (B) Handle. The handle must have a esophagus during hook removal. The length equal to or greater than the ves- dehooking end must be of a size appro- sel’s freeboard or 3 ft (0.91 m), which- priate to secure the range of hook sizes ever is greater. and styles used by the vessel. (iii) Long-handled device to pull an (B) Sliding plastic bite block. The ‘‘inverted V’’. This item is intended to dehooker must have a sliding plastic be used to pull an ‘‘inverted V’’ in the bite block, which is intended to be used fishing line when disentangling and to protect the sea turtle’s beak and fa- dehooking entangled sea turtles. One cilitate hook removal if the turtle long-handled device to pull an ‘‘in- bites down on the dehooker. The bite verted V’’ is required on board. The block must be constructed of a 3/4–inch long-handled dehooker for external (1.91–cm) inside diameter high impact hooks described in paragraph (a)(4)(ii) plastic cylinder (for example, Schedule of this section meets this requirement. 80 PVC) that is 10 inches (25.40 cm) The minimum design and performance long. The dehooker and bite block standards are as follows: must be configured to allow for 5 (A) Hook end. It must have a hook- inches (12.70 cm) of slide of the bite shaped end, like that of a standard block along the shaft of the dehooker. boat hook or gaff, which must be con- (C) Shaft and handle. The shaft must structed of stainless steel or alu- be 16 to 24 inches (40.64 - 60.69 cm) in minum. length, and must have a T-handle 4 to (B) Handle. The handle must have a 6 inches (10.16 - 15.24 cm) in length and length equal to or greater than 150 per- 3/4 to 1 1/4 inches (1.90 - 3.18 cm) in di- cent of the vessel’s freeboard or 6 ft ameter. (1.83 m), whichever is greater. The han- (vi) Short-handled dehooker for exter- dle must be sturdy and strong enough nal hooks. This item is intended to be to allow the hook end to be effectively used to remove externally hooked used to engage and pull an ‘‘inverted hooks from sea turtles that can be V’’ in the line. boated. One short-handled dehooker for (iv) Tire. This item is intended to be external hooks is required on board. used for supporting a turtle in an up- The short-handled dehooker for in- right orientation while it is on board. gested hooks required to comply with One tire is required on board, but an paragraph (a)(4)(v) of this section assortment of sizes is recommended to meets this requirement. The minimum accommodate a range of turtle sizes. design and performance standards are The tire must be a standard passenger as follows: vehicle tire and must be free of exposed (A) Hook removal device. The hook re- steel belts. moval device must be constructed of 5/ (v) Short-handled dehooker for ingested 16–inch (7.94–cm) 316 L stainless steel, hooks. This item is intended to be used and the design must be such that a to remove ingested hooks, externally hook can be rotated out without pull- hooked hooks, and hooks in the front ing it out at an angle. The dehooking

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end must be blunt, and all edges round- types and their minimum design stand- ed. The device must be of a size appro- ards are as follows. priate to secure the range of hook sizes (A) A block of hard wood. A block of and styles used by the vessel. hard wood is intended to be used to gag (B) Shaft and handle. The shaft must open a turtle’s mouth by placing it in be 16 to 24 inches (40.64 - 60.69 cm) in the corner of the jaw. It must be made length, and must have a T-handle 4 to of hard wood of a type that does not 6 inches (10.16 - 15.24 cm) in length and splinter (for example, maple), and it 3/4 to 1 1/4 inches (1.90 - 3.18 cm) in di- must have rounded and smoothed ameter. edges. The dimensions must be 10 to 12 (vii) Long-nose or needle-nose pliers. inches (24.50 - 30.48 cm) by 3/4 to 1 1/4 This item is intended to be used to re- inches (1.90 - 3.18 cm) by 3/4 to 1 1/4 move deeply embedded hooks from the inches (1.90 - 3.18 cm). turtle’s flesh that must be twisted in (B) A set of three canine mouth gags. A order to be removed, and also to hold canine mouth gag is intended to be in place PVC splice couplings when used to gag open a turtle’s mouth while used as mouth openers. One pair of allowing hands-free operation after it long-nose or needle-nose pliers is re- is in place. A set of canine mouth gags quired on board. The minimum design must include one of each of the fol- standards are as follows: The pliers lowing sizes: small (5 inches) (12.7 cm), must be 8 to 14 inches (20.32 - 35.56 cm) medium (6 inches) (15.2 cm), and large in length. It is recommended that they (7 inches) (17.8 cm). They must be con- be constructed of stainless steel mate- structed of stainless steel. A 1 3/4–inch rial. (4.45 cm) long piece of vinyl tubing (3/ 4 inch (1.91 cm) outside diameter and 5/ (viii) Wire or bolt cutters. This item is 8 inch (1.59 cm) inside diameter) must intended to be used to cut through be placed over the ends of the gags to hooks in order to remove all or part of protect the turtle’s beak. the hook. One pair of wire or bolt cut- (C) A set of two sturdy canine chew ters is required on board. The min- bones. A canine chew bone is intended imum design and performance stand- to be used to gag open a turtle’s mouth ards are as follows: The wire or bolt by placing it in the corner of the jaw. cutters must be capable of cutting hard They must be constructed of durable metals, such as stainless or carbon nylon, zylene resin, or thermoplastic steel hooks, and they must be capable polymer, and strong enough to with- of cutting through the hooks used by stand biting without splintering. To the vessel. accommodate a variety of turtle beak (ix) Monofilament line cutters. This sizes, a set must include one large (5 1/ item is intended to be used to cut and 2 - 8 inches (13.97 - 20.32 cm) in length) remove fishing line as close to the eye and one small (3 1/2 - 4 1/2 inches (8.89 of the hook as possible if the hook is - 11.43 cm) in length) canine chew swallowed or cannot be removed. One bones. pair of monofilament line cutters is re- (D) A set of two rope loops covered with quired on board. The minimum design hose. A set of two rope loops covered standards are as follows: Monofilament with a piece of hose is intended to be line cutters must be 6 to 9 inches (15.24 used as a mouth opener and to keep a - 22.86 cm) in length. The blades must turtle’s mouth open during hook and/or be 1 3/4 (4.45 cm) in length and 5/8 line removal. A set consists of two 3– inches (1.59 cm) wide when closed. foot (0.91–m) lengths of poly braid rope, (x) Mouth openers and gags. These each covered with an 8–inch (20.32–cm) items are intended to be used to open section of 1/2–inch (1.27–cm) or 3/4–inch the mouths of boated sea turtles, and (1.91–cm) light-duty garden hose, and to keep them open when removing in- each tied into a loop. gested hooks in a way that allows the (E) A hank of rope. A hank of rope is hook or line to be removed without intended to be used to gag open a sea causing further injury to the turtle. At turtle’s mouth by placing it in the cor- least two of the seven different types of ner of the jaw. A hank of rope is made mouth openers and gags described from a 6–foot (1.83–m) lanyard of braid- below are required on board. The seven ed nylon rope that is folded to create a

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hank, or looped bundle, of rope. The (ii) Handle the sea turtle in accord- hank must be 2 to 4 inches (5.08 - 10.16 ance with the procedures in paragraphs cm) in thickness. (b)(3) and (b)(4) of this section; and (F) A set of four PVC splice couplings. (iii) Disentangle and remove the PVC splice couplings are intended to be gear, or cut the line as close as possible used to allow access to the back of the to the hook or entanglement, to re- mouth of a turtle for hook and line re- move the maximum amount of the gear moval by positioning them inside a from the sea turtle. turtle’s mouth and holding them in (3) Sea turtle resuscitation. If a sea tur- place with long-nose or needle-nose tle appears dead or comatose, the fol- pliers. The set must consist of the fol- lowing actions must be taken: lowing Schedule 40 PVC splice coupling (i) Place the sea turtle on its belly sizes: 1 inch (2.54 cm), 1 1/4 inches (3.18 (on the bottom shell or plastron) so cm), 1 1/2 inches (3.81 cm), and 2 inches that the sea turtle is right side up and (5.08 cm). its hindquarters elevated at least 6 (G) A large avian oral speculum. A inches (15.24 cm) for a period of no less large avian oral speculum is intended than 4 hours and no more than 24 to be used to hold a turtle’s mouth hours. The amount of the elevation open and control the head with one varies with the size of the sea turtle; hand while removing a hook with the greater elevations are needed for larger other hand. It must be 9 inches (22.86 sea turtles; cm) in length and constructed of 3/16– (ii) Administer a reflex test at least inch (4.76–mm) wire diameter surgical once every 3 hours. The test is to be stainless steel (Type 304). It must be performed by gently touching the eye covered with 8 inches (20.32 cm) of clear and pinching the tail of a sea turtle to vinyl tubing (5/16–inch (7.94–mm) out- determine if the sea turtle is respon- side diameter, 3/16–inch (4.76–mm) in- sive; side diameter). (iii) Keep the sea turtle shaded and (b) Handling requirements. If a sea tur- damp or moist (but under no cir- tle is observed to be hooked or entan- cumstances place the sea turtle into a gled in fishing gear from any vessel container holding water). A water- fishing under the Pelagics FMP, vessel soaked towel placed over the eyes, car- owners and operators must use the re- apace and flippers is the most effective quired mitigation gear set forth in method of keeping a sea turtle moist; paragraph (a) of this section to comply and with these handling requirements. Any (iv) Return to the sea any sea turtle hooked or entangled sea turtle must be that revives and becomes active in the handled in a manner to minimize in- manner described in paragraph (b)(4) of jury and promote survival. this section. Sea turtles that fail to re- (1) Sea turtles that cannot be brought vive within the 24–hour period must aboard. In instances where a sea turtle also be returned to the sea in the man- is too large to be brought aboard or the ner described in paragraph (b)(4) of this sea turtle cannot be brought aboard section. without causing further injury to the (4) Sea turtle release. After handling a sea turtle, the vessel owner or operator sea turtle in accordance with the re- must disentangle and remove the gear, quirements of paragraphs (b)(2) and or cut the line as close as possible to (b)(3) of this section, the sea turtle the hook or entanglement, to remove must be returned to the ocean after the maximum amount of the gear from identification unless NMFS requests the sea turtle. the retention of a dead sea turtle for (2) Sea turtles that can be brought research. In releasing a sea turtle the aboard. In instances where a sea turtle vessel owner or operator must: is not too large to be brought aboard, (i) Place the vessel engine in neutral or the sea turtle can be brought aboard gear so that the propeller is disengaged without causing further injury to the and the vessel is stopped, and release turtle, the vessel owner or operator the sea turtle away from deployed must take the following actions: gear; and (i) Immediately bring the sea turtle (ii) Observe that the turtle is safely aboard; away from the vessel before engaging

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the propeller and continuing oper- be landed, offloaded, transhipped or ations. kept below deck only if NMFS requests (5) Other sea turtle requirements. No the retention of a dead sea turtle for sea turtle, including a dead turtle, may research. be consumed or sold. A sea turtle may

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[65 FR 16347, Mar. 28, 2000, as amended at 67 FR 40236, June 12, 2002; 67 FR 48576, July 25, 2002; 69 FR 17351, Apr. 2, 2004; 70 FR 69284, Nov. 15, 2005]

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§ 665.33 Western Pacific longline fish- access permits while shallow-setting. ing restrictions. The limits are based on the annual (a) Annual Effort Limit on shallow-set- numbers of the two turtle species ex- ting by Hawaii longline vessels. (1) A pected to be captured in the shallow- maximum annual limit of 2,120 is es- set component of the Hawaii-based tablished on the number of shallow-set fishery, as indicated in the incidental certificates that will be made available take statement of the biological opin- each calendar year to vessels registered ion issued by the National Marine for use under Hawaii longline limited Fisheries Service pursuant to section 7 access permits. of the Endangered Species Act. If the (2) The Regional Administrator will numbers in the incidental take state- divide the 2,120–set annual effort limit ment are modified or if a new biologi- each calendar year into equal shares cal opinion is issued, new rule-making such that each holder of a Hawaii will be undertaken to change the inter- longline limited access permit who pro- action limits accordingly. The limits vides notice of interest to the Regional are as follows: Administrator no later than November (i) The annual limit for leatherback 1 prior to the start of the calendar sea turtles (Dermochelys coriacea) is six- year, pursuant to paragraph (a)(3) of this section, receives one share for teen (16). each permit held. If such division (ii) The annual limit for loggerhead would result in shares containing a sea turtles (Caretta caretta) is seven- fraction of a set, the annual effort teen (17). limit will be adjusted downward such (2) Upon determination by the Re- that each share consists of a whole gional Administrator that, based on number of sets. data from NMFS observers, either of (3) Any permit holder who provides the two sea turtle interaction limits notice according to this paragraph is has been reached during a given cal- eligible to receive shallow-set certifi- endar year: cates. In order to be eligible to receive (i) As soon as practicable, the Re- shallow-set certificates for a given cal- gional Administrator will file for publi- endar year, holders of Hawaii longline cation at the Office of the Federal Reg- limited access permits must provide ister a notification of the sea turtle written notice to the Regional Admin- interaction limit having been reached. istrator of their interest in receiving The notification will include an advise- such certificates no later than Novem- ment that the shallow-set component ber 1 prior to the start of the calendar of the longline fishery shall be closed, year, except for 2004, the notification and that shallow-set longline fishing deadline for which is May 1, 2004. north of the Equator by vessels reg- (4) No later than December 1 of each istered for use under Hawaii longline year, the Regional Administrator will limited access permits will be prohib- send shallow-set certificates valid for ited beginning at a specified date, until the upcoming calendar year to all hold- ers of Hawaii longline limited access the end of the calendar year in which permits, as of the just previous Novem- the sea turtle interaction limit was ber 1, that provided notice of interest reached. Coincidental with the filing of to the Regional Administrator pursu- the notification, the Regional Adminis- ant to paragraph (a)(3) of this section. trator will also provide actual notice The Regional Administrator will send that the shallow-set component of the shallow-set certificates valid for 2004 longline fishery shall be closed, and no later than June 1, 2004, based on per- that shallow-set longline fishing north mit holders as of May 1, 2004. of the Equator by vessels registered for (b) Limits on sea turtle interactions. (1) use under Hawaii longline limited ac- Maximum annual limits are estab- cess permits will be prohibited begin- lished on the numbers of physical ning at a specified date, to all holders interactions that occur each calendar of Hawaii longline limited access per- year between leatherback and logger- mits via telephone, satellite telephone, head sea turtles and vessels registered radio, electronic mail, facsimile trans- for use under Hawaii longline limited mission, or post.

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(ii) Beginning on the fishery closure hook on the vertical axis (y-axis) and date indicated by the Regional Admin- perpendicular to the horizontal axis (x- istrator in the notification provided to axis). As used in this paragraph, a 10° vessel operators and permit holders offset is measured from the barbed end and published in the FEDERAL REG- of the hook and is relative to the par- ISTER under paragraph (b)(3)(i) of this allel plane of the eyed-end, or shank, of section, until the end of the calendar the hook when laid on its side. year in which the sea turtle inter- (g) Any owner or operator of a vessel action limit was reached, the Hawaii- registered for use under any longline based shallow-set component of the permit issued under § 665.21 must use longline fishery shall be closed. only mackerel-type bait when shallow- (c) Owners and operators of vessels setting north of the Equator (0° lat.). registered for use under a Hawaii As used in this paragraph, mackerel- longline limited access permit may en- type bait means a whole fusiform fish gage in shallow-setting north of the with a predominantly blue, green or equator (0° lat.) providing that there is gray back and predominantly gray, sil- on board one valid shallow-set certifi- ver or white lower sides and belly. cate for every shallow-set that is made (h) Owners and operators of vessels north of the equator (0° lat.) during the registered for use under a Hawaii trip. For each shallow-set made north longline limited access permit may of the equator (0° lat.) vessel operators make sets only of the type (shallow- must submit one valid shallow-set cer- setting or deep-setting) indicated in tificate to the Regional Administrator. the notification to NMFS pursuant to The certificate must be attached to the § 665.23(a). original logbook form that corresponds (i) Vessels registered for use under to the shallow-set and that is sub- Hawaii longline limited access permits mitted to the Regional Administrator may not be used to engage in shallow- within 72 hours of each landing of man- setting north of the equator (0° lat.) agement unit species as required under any time during which the shallow-set § 665.14. component of the longline fishery is (d) Vessels registered for use under a closed pursuant to paragraph (b)(3)(ii) Hawaii longline limited access permit of this section. may not have on board at any time (j) Owners and operators of vessels during a trip for which notification to registered for use under a Hawaii NMFS under § 665.23(a) indicated that longline limited access permit may deep-setting would be done any float land or possess no more than 10 sword- lines less than 20 meters in length or fish from a fishing trip for which the light sticks. As used in this paragraph permit holder notified NMFS under ‘‘float line’’ means a line used to sus- § 665.23(a) that the vessel would engage pend the main longline beneath a float in a deep-setting trip. and ‘‘light stick’’ means any type of [69 FR 17352, Apr. 2, 2004, as amended at 70 light emitting device, including any FR 69285, Nov. 15, 2005; 72 FR 8291, Feb. 26, fluorescent ‘‘glow bead’’, chemical, or 2007] electrically powered light that is af- fixed underwater to the longline gear. § 665.34 Protected species workshop. (e) Shallow-set certificates may be (a) Each year, both the owner and the transferred only to holders of Hawaii operator of a vessel registered for use longline limited access permits. under any longline permit issued under (f) Any owner or operator of a vessel § 665.21 must attend and be certified for registered for use under any longline completion of a workshop conducted by permit issued under § 665.21 must use NMFS on interaction mitigation tech- only offset circle hooks sized 18/0 or niques for sea turtles, seabirds and larger, with a 10° offset, when shallow- other protected species. setting north of the Equator (0° lat.). (b) A protected species workshop cer- As used in this paragraph, an offset cir- tificate will be issued by NMFS annu- cle hook sized 18/0 or larger is one with ally to any person who has completed an outer diameter at its widest point is the workshop. no smaller than 1.97 inches (50 mm) (c) An owner of a vessel registered for when measured with the eye of the use under any longline permit issued

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under § 665.21 must have a valid pro- regular intervals to the upper 2 m (6.6 tected species workshop certificate ft) of the pole and each of which has a issued by NMFS to the owner of the minimum diameter of 20 mm (0.8 in); vessel, in order to maintain or renew and branch streamers attached to each their vessel registration. main streamer at the end opposite (d) An owner and an operator of a from the pole, each of which is long vessel registered for use under any enough to drag on the sea surface in longline permit issued under § 665.21 the absence of wind, and each of which must have on board the vessel a valid has a minimum diameter 10 mm (0.4 protected species workshop certificate in). issued by NMFS to the operator of the (2) Alternative to side-setting. Owners vessel, or a legible copy thereof. and operators of vessels that do not [69 FR 17354, Apr. 2, 2004, as amended at 70 side-set must: FR 69285, Nov. 15, 2005] (i) Discharge fish, fish parts (offal), or spent bait while setting or hauling § 665.35 Pelagic longline seabird miti- longline gear, on the opposite side of gation measures. the vessel from where the longline gear (a) Seabird mitigation techniques. When is being set or hauled, when seabirds deep-setting or shallow-setting north are present; of 23° N. lat. or shallow-setting south of (ii) Retain sufficient quantities of 23 N. lat., owners and operators of ves- fish, fish parts, or spent bait, between sels registered for use under a Hawaii the setting of longline gear for the pur- longline limited access permit, must pose of strategically discharging it in either side-set according to paragraph accordance with paragraph (i) of this (a)(1) of this section, or fish in accord- section; ance with paragraph (a)(2) of this sec- (iii) Remove all hooks from fish, fish tion. parts, or spent bait prior to its dis- (1) Side-setting. Owners and operators charge in accordance with paragraph of vessels opting to side-set under this (i) of this section; section must fish according to the fol- (iv) Remove the bill and liver of any lowing specifications: swordfish that is caught, sever its head (i) The mainline must be deployed as from the trunk and cut it in half far forward on the vessel as prac- vertically and periodically discharge ticable, and at least 1 m (3.3 ft) forward the butchered heads and livers in ac- from the stern of the vessel; cordance with paragraph (i) of this sec- (ii) The mainline and branch lines tion; must be set from the port or the star- (v) When using basket-style longline board side of the vessel; gear north of 23° N. lat., ensure that (iii) If a mainline shooter is used, the the main longline is deployed slack to mainline shooter must be mounted as maximize its sink rate; and far forward on the vessel as prac- (vi) Use completely thawed bait that ticable, and at least 1 m (3.3 ft) forward has been dyed blue to an intensity level from the stern of the vessel; specified by a color quality control (iv) Branch lines must have weights card issued by NMFS; and with a minimum weight of 45 g (1.6 oz); (vii) Maintain a minimum of two (v) One weight must be connected to cans (each sold as 0.45 kg or 1 lb size) each branch line within 1 m (3.3 ft) of containing blue dye on board the ves- each hook; sel; and (vi) When seabirds are present, the (viii) Follow the requirements in longline gear must be deployed so that paragraphs (a)(3) and (a)(4) of this sec- baited hooks remain submerged and do tion, as applicable. not rise to the sea surface; and (3) Deep-setting requirements. The fol- (vii) A bird curtain must be deployed. lowing additional requirements apply Each bird curtain must consist of the to vessels engaged in deep-setting following three components: a pole using a monofilament main longline that is fixed to the side of the vessel north of 23° N. lat. that do not side-set. aft of the line shooter and which is at Owners and operators of these vessels least 3 m (9.8 ft) long; at least three must: main streamers that are attached at (i) Employ a line shooter; and

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(ii) Attach a weight of at least 45 g the Short-tailed Albatross Handling (1.6 oz) to each branch line within 1 m Placard distributed at the NMFS pro- (3.3 ft) of the hook. tected species workshop and request (4) Shallow-setting requirement. In ad- veterinary guidance; dition to the requirements set forth in (7) Follow the veterinary guidance paragraphs (a)(1) and (a)(2) of this sec- regarding the handling and release of tion, owners and operators of vessels the bird. engaged in shallow-setting that do not (8) Complete the short-tailed alba- side-set must begin the deployment of tross recovery data form issued by longline gear at least 1 hour after local NMFS. sunset and complete the deployment no (9) If the bird is externally hooked later than local sunrise, using only the and no veterinary guidance is received minimum vessel lights to conform with within 24–48 hours, handle the bird in navigation rules and best safety prac- accordance with paragraphs (c)(4) and tices. (c)(5) of this section, and release the (b) Short-tailed albatross handling tech- bird only if it meets the following cri- niques. If a short-tailed albatross is teria: hooked or entangled by a vessel reg- (i) Able to hold its head erect and re- istered for use under a Hawaii longline spond to noise and motion stimuli; limited access permit, owners and op- (ii) Able to breathe without noise; erators must ensure that the following (iii) Capable of flapping and retract- actions are taken: ing both wings to normal folded posi- (1) Stop the vessel to reduce the ten- tion on its back; sion on the line and bring the bird on (iv) Able to stand on both feet with board the vessel using a dip net; toes pointed forward; and (2) Cover the bird with a towel to pro- (v) Feathers are dry. tect its feathers from oils or damage (10) Any seabird that is released in while being handled; accordance with paragraph (b)(9) of (3) Remove any entangled lines from this section or under the guidance of a the bird; veterinarian must be placed on the sea (4) Determine if the bird is alive or surface. dead. (11) If the hook has been ingested or (i) If dead, freeze the bird imme- is inaccessible, keep the bird in a safe, diately with an identification tag at- enclosed place and submit it to NMFS tached directly to the specimen listing immediately upon the vessel’s return the species, location and date of mor- to port. Do not give the bird food or tality, and band number if the bird has water. a leg band. Attach a duplicate identi- (12) Complete the short-tailed alba- fication tag to the bag or container tross recovery data form issued by holding the bird. Any leg bands present NMFS. must remain on the bird. Contact (c) Non-short-tailed albatross seabird NMFS, the Coast Guard, or the U.S. handling techniques. If a seabird other Fish and Wildlife Service at the num- than a short-tailed albatross is hooked bers listed on the Short-tailed Alba- or entangled by a vessel registered for tross Handling Placard distributed at use under a Hawaii longline limited ac- the NMFS protected species workshop, cess permit owners and operators must inform them that you have a dead ensure that the following actions are short-tailed albatross on board, and taken: submit the bird to NMFS within 72 (1) Stop the vessel to reduce the ten- hours following completion of the fish- sion on the line and bring the seabird ing trip. on board the vessel using a dip net; (ii) If alive, handle the bird in accord- (2) Cover the seabird with a towel to ance with paragraphs (b)(5) through protect its feathers from oils or dam- (b)(10) of this section. age while being handled; (5) Place the bird in a safe enclosed (3) Remove any entangled lines from place; the seabird; (6) Immediately contact NMFS, the (4) Remove any external hooks by Coast Guard, or the U.S. Fish and Wild- cutting the line as close as possible to life Service at the numbers listed on the hook, pushing the hook barb out

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point first, cutting off the hook barb should provide sufficient information using bolt cutters, and then removing on the fishing trip to allow PIRO to re- the hook shank; trieve the records. (5) Cut the fishing line as close as (2) Family means those people related possible to ingested or inaccessible by blood, marriage, and formal or in- hooks; formal adoption. (6) Leave the bird in a safe enclosed (c) Vessel size classes. The Regional space to recover until its feathers are Administrator shall issue American dry; and Samoa longline limited access permits (7) After recovered, release seabirds in the following size classes: by placing them on the sea surface. (1) Class A: Vessels less than or equal [67 FR 34412, May 14, 2002, as amended at 69 to 40 ft (12.2 m) length overall. The FR 17354, Apr. 2, 2004; 70 FR 75080, Dec. 19, maximum number will be reduced as 2005] Class B–1, C–1, and D–1 permits are issued under paragraph (e) of this sec- § 665.36 American Samoa longline lim- tion. ited entry program. (2) Class B: Vessels over 40 ft (12.2 m) (a) General. Under § 665.21(c), certain to 50 ft (15.2 m) length overall. U.S. vessels are required to be reg- (3) Class B–1: Maximum number of 14 istered for use under a valid American permits for vessels over 40 ft (12.2 m) to Samoa longline limited access permit. 50 ft (15.2 m) length overall, to be made With the exception of reductions in available according to the following permits in vessel size Class A under schedule: paragraph (c)(1) of this section, the (i) Four permits in the first calendar maximum number of permits will be year after the Regional Administrator capped at the number of initial permits has issued all initial permits in Classes actually issued under paragraph (f)(1) A, B, C, and D (initial issuance), of this section. (ii) In the second calendar year after (b) Terminology. For purposes of this initial issuance, any unissued, relin- section, the following terms have these quished, or revoked permits of the first meanings: four, plus four additional permits, (1) Documented participation means (iii) In the third calendar year after participation proved by, but not nec- initial issuance, any unissued, relin- essarily limited to, a properly sub- quished, or revoked permits of the first mitted NMFS or American Samoa log- eight, plus four additional permits, and book, an American Samoa creel survey record, a delivery or payment record (iv) In the fourth calendar year after from an American Samoa-based can- initial issuance, any unissued, relin- nery, retailer or wholesaler, an Amer- quished, or revoked permits of the first ican Samoa tax record, an individual 12, plus two additional permits. wage record, ownership title, vessel (4) Class C: Vessels over 50 ft (15.2 m) registration, or other official docu- to 70 ft (21.3 m) length overall. ments showing: (5) Class C–1: Maximum number of six (i) Ownership of a vessel that was permits for vessels over 50 ft (15.2) to 70 used to fish in the EEZ around Amer- ft (21.3 m) length overall, to be made ican Samoa, or available according to the following (ii) Evidence of work on a fishing trip schedule: during which longline gear was used to (i) Two permits in the first calendar harvest Pacific pelagic management year after initial issuance, unit species in the EEZ around Amer- (ii) In the second calendar year after ican Samoa. If the applicant does not initial issuance, any unissued, relin- possess the necessary documentation of quished, or revoked permits of the first evidence of work on a fishing trip based two, plus two additional permits, and on records available only from NMFS (iii) In the third calendar year after or the Government of American Samoa initial issuance, any unissued, relin- (e.g., creel survey record or logbook), quished, or revoked permits of the first the applicant may request PIRO to ob- four, plus two additional permits. tain such records from the appropriate (6) Class D: Vessels over 70 ft (21.3 m) agencies, if available. The applicant length overall.

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(7) Class D–1: Maximum number of 6 the application must be accompanied permits for vessels over 70 ft (21.3 m) by a supplementary information sheet length overall, to be made available ac- obtained from the Regional Adminis- cording to the following schedule: trator, containing the names and mail- (i) Two permits in the first calendar ing addresses of all owners, partners, year after initial issuance, and corporate officers. (ii) In the second calendar year after (2) Only permits of Class A, B, C, and initial issuance, any unissued, relin- D will be made available for initial quished, or revoked permits of the first issuance. Permits of Class B–1, C–1, and two, plus two additional permits, and D–1, will be made available in subse- (iii) In the third calendar year after quent calendar years. initial issuance, any unissued, relin- (3) Within 30 days of receipt of a com- quished, or revoked permits of the first pleted application, the Assistant Re- four, plus two additional permits. gional Administrator for Sustainable (d) A vessel subject to this section Fisheries, PIRO, shall make a decision may only be registered with an Amer- on whether the applicant qualifies for ican Samoa longline limited access an initial permit and will notify the permit of a size class equal to or larger successful applicant by a dated letter. than the vessel’s length overall. The successful applicant must register (e) Initial permit qualification. Any a vessel, of the equivalent size class or U.S. national or U.S. citizen or com- smaller to which the qualifying vessel pany, partnership, or corporation would have belonged, to the permit qualifies for an initial American within 120 days of the date of the letter Samoa longline limited access permit of notification, and maintain this ves- if the person, company, partnership, or sel registration to the permit for at corporation, on or prior to March 21, least 120 days. The successful applicant 2002, owned a vessel that was used dur- must also submit a supplementary in- ing the time of their ownership to har- formation sheet, obtained from the Re- vest Pacific pelagic management unit gional Administrator, containing the species with longline gear in the EEZ name and mailing address of the owner around American Samoa and that fish of the vessel to which the permit is was landed in American Samoa: registered. If the registered vessel is (1) Prior to March 22, 2002, or owned by any entity other than a sole (2) Prior to June 28, 2002, provided owner, the names and mailing address- that the person or business provided to es of all owners, partners, and cor- NMFS or the Council, prior to March porate officers must be included. 22, 2002, a written notice of intent to (4) An appeal of a denial of an appli- participate in the pelagic longline fish- cation for an initial permit shall be ery in the EEZ around American processed in accordance with § 665.21(n) Samoa. of this subpart. (f) Initial permit issuance. (1) Any ap- (5) After all appeals on initial per- plication for issuance of an initial per- mits are concluded in any vessel size mit must be submitted to the Pacific class, the maximum number of permits Islands Regional Office no later than in that class shall be the number of 120 days after the effective date of this permits issued during the initial final rule. The Regional Administrator issuance process (including appeals). shall publish a notice in the FEDERAL The maximum number of permits will REGISTER, send notices to persons on not change, except that the maximum the American Samoa pelagics mailing number of Class A permits will be re- list, and use other means to notify pro- duced if Class A permits are replaced spective applicants of the availability by B–1, C–1, or D–1 permits under para- of permits. Applications for initial per- graph (h) of this section. Thereafter, if mits must be made, and application any Class A, B, C, or D permit becomes fees paid, in accordance with available, the Regional Administrator §§ 665.13(c)(1), (d) and (f)(2). A complete shall re-issue that permit according to application must include documented the process set forth in paragraph (g) of participation in the fishery in accord- this section. ance with § 665.36(b)(1). If the applicant (g) Additional permit issuance. (1) If is any entity other than a sole owner, the number of permits issued in Class

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A, B, C, or D, falls below the maximum whether the applicant qualifies for a number of permits, the Regional Ad- permit and will notify the successful ministrator shall publish a notice in applicant by a dated letter. The suc- the FEDERAL REGISTER, send notices to cessful applicant must register a vessel persons on the American Samoa of the equivalent vessel size or smaller pelagics mailing list, and use other to the permit within 120 days of the means to notify prospective applicants date of the letter of notification. The of any available permit(s) in that class. successful applicant must also submit Any application for issuance of an ad- a supplementary information sheet, ob- ditional permit must be submitted to tained from the Regional Adminis- PIRO no later than 120 days after the trator, containing the name and mail- date of publication of the notice on the ing address of the owner of the vessel availability of additional permits in to which the permit is registered. If the the FEDERAL REGISTER. A complete ap- registered vessel is owned by any enti- plication must include documented ty other than a sole owner, the names participation in the fishery in accord- and mailing addresses of all owners, ance with § 665.36(b)(1). The Regional partners, and corporate officers must Administrator shall issue permits to be included. If the successful applicant persons according the following pri- fails to register a vessel to the permit ority standard: within 120 days of the date of the letter (i) First priority accrues to the per- of notification, the Assistant Regional son with the earliest documented par- Administrator for Sustainable Fish- ticipation in the pelagic longline fish- eries shall issue a letter of notification ery in the EEZ around American to the next person on the priority list Samoa on a Class A sized vessel. or, in the event that there are no more (ii) The next priority accrues to the prospective applicants on the priority person with the earliest documented list, re-start the issuance process pur- participation in the pelagic longline suant to paragraph (g)(1) of this sec- fishery in the EEZ around American tion. Any person who fails to register Samoa on a Class B size, Class C size, the permit to a vessel under this para- or Class D size vessel, in that order. graph within 120 days shall not be eligi- (iii) In the event of a tie in the pri- ble to apply for a permit for 6 months ority ranking between two or more ap- from the date those 120 days expired. plicants, then the applicant whose sec- (4) An appeal of a denial of an appli- ond documented participation in the cation for a permit shall be processed pelagic longline fishery in the EEZ in accordance with § 665.21(n). around American Samoa is first in time will be ranked first in priority. If (h) Class B–1, C–1, and D–1 Permits. (1) there is still a tie between two or more Permits of Class B–1, C–1, and D–1 will applicants, the Regional Administrator be initially issued only to persons who will select the successful applicant by hold a Class A permit and who, prior to an impartial lottery. March 22, 2002, participated in the pe- (2) Applications must be made, and lagic longline fishery around American application fees paid, in accordance Samoa. with §§ 665.13(c)(1), (d), and (f)(2). If the (2) The Regional Administrator shall applicant is any entity other than a issue permits to persons for Class B–1, sole owner, the application must be ac- C–1, and D–1 permits based on each per- companied by a supplementary infor- son’s earliest documented participa- mation sheet, obtained from the Re- tion, with the highest priority given to gional Administrator, containing the that person with the earliest date of names and mailing addresses of all documented participation. owners, partners, and corporate offi- (3) A permit holder who receives a cers that comprise ownership of the Class B–1, C–1, or D–1 permit must re- vessel for which the permit application linquish his or her Class A permit and is prepared. that permit will no longer be valid. The (3) Within 30 days of receipt of a com- maximum number of Class A permits pleted application, the Assistant Re- will be reduced accordingly. gional Administrator for Sustainable (4) Within 30 days of receipt of a com- Fisheries shall make a decision on pleted application for a Class B–1, C–1,

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and D–1 permit, the Regional Adminis- barter, or trade) to the following per- trator shall make a decision on wheth- sons only: er the applicant qualifies for a permit (i) A Western Pacific community lo- and will notify the successful applicant cated in American Samoa that meets by a dated letter. The successful appli- the criteria set forth in section 305(I)(2) cant must register a vessel of the of the Magnuson-Stevens Act, 16 U.S.C. equivalent vessel size or smaller to the 1855(I)(2), and its implementing regula- permit within 120 days of the date of tions, or the letter of notification. The success- (ii) Any person with documented par- ful applicant must also submit a sup- ticipation in the pelagic longline fish- plementary information sheet, ob- ery in the EEZ around American tained from the Regional Adminis- Samoa. trator, containing the name and mail- (2) Class A Permits. An American ing address of the owner of the vessel Samoa longline limited access permit to which the permit is registered. If the of Class A may be transferred (by sale, registered vessel is owned by any enti- ty other than a sole owner, the names gift, bequest, intestate succession, bar- and mailing addresses of all owners, ter, or trade) to the following persons partners, and corporate officers must only: be included. (i) A family member of the permit (5) An appeal of a denial of an appli- holder, cation for a Class B–1, C–1, or D–1 per- (ii) A Western Pacific community lo- mit shall be processed in accordance cated in American Samoa that meets with § 665.21(n). the criteria set forth in section 305(I)(2) (6) If a Class B–1, C–1, or D–1 permit of the Magnuson-Stevens Act, 16 U.S.C. is relinquished, revoked, or not re- 1855(I)(2), and its implementing regula- newed pursuant to paragraph (j)(1) of tions, or this section, the Regional Adminis- (iii) Any person with documented trator shall make that permit avail- participation in the pelagic longline able according to the procedure de- fishery on a Class A size vessel in the scribed in paragraphs (g)(1) through EEZ around American Samoa prior to (g)(4) of this section. March 22, 2002. (i) Permit transfer. The holder of an (3) Class B–1, C–1, and D–1 Permits. American Samoa longline limited ac- Class B–1, C–1, and D–1 permits may cess permit may transfer the permit to not be transferred to a different owner another individual, partnership, cor- for 3 years from the date of initial poration, or other entity as described issuance, except by bequest or intes- in this section. Applications for permit tate succession if the permit holder transfers must be submitted to the Re- dies during those 3 years. After the ini- gional Administrator within 30 days of tial 3 years, Class B–1, C–1, and D–1 per- the transferral date. If the applicant is mits may be transferred only in ac- any entity other than a sole owner, the cordance with the restrictions in para- application must be accompanied by a graph (I)(1) of this section. supplementary information sheet, ob- (j) Permit renewal and registration of tained from the Regional Adminis- vessels—(1) Use requirements. An Amer- trator, containing the names and mail- ican Samoa longline limited access ing addresses of all owners, partners, permit will not be renewed following 3 and corporate officers. After such an application has been made, the permit consecutive calendar years (beginning is not valid for use by the new permit with the year after the permit was holder until the Regional Adminis- issued in the name of the current per- trator has issued the permit in the new mit holder) in which the vessel(s) to permit holder’s name under § 665.13(c). which it is registered landed less than: (1) Permits of all size classes except (i) For permit size Classes A or B: a Class A. An American Samoa longline total of 1,000 lb (455 kg) of Pacific pe- limited access permit of any size class lagic management unit species har- except Class A may be transferred (by vested in the EEZ around American sale, gift, bequest, intestate succession, Samoa using longline gear, or

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(ii) For permit size Classes C or D: a Island consists of the waters of the total of 5,000 lb (2,273 kg) of Pacific pe- EEZ around American Samoa enclosed lagic management unit species har- by straight lines connecting the fol- vested in the EEZ around American lowing coordinates: Samoa using longline gear. (k) Concentration of ownership of per- Point S. lat. W. long. mits. No more than 10 percent of the AS-2-A 11°48′ 171°50′ maximum number of permits, of all AS-2-B 11°48′ 170°20′ size classes combined, may be held by the same permit holder. Fractional in- and from Point AS-2-A northward terest will be counted as a full permit along the longitude 171°50′ W. until for the purpose of calculating whether intersecting the U.S. EEZ boundary the 10–percent standard has been with Tokelau, and from Point AS-2-B reached. northward along the longitude 170°20′ (l) Three year review. Within 3 years W. until intersecting the U.S. EEZ of the effective date of this final rule boundary with Tokelau. the Council shall consider appropriate revisions to the American Samoa lim- [67 FR 4371, Jan. 30, 2002] ited entry program after reviewing the effectiveness of the program with re- § 665.38 Exemptions for American spect to its biological and socio- Samoa large vessel prohibited areas. economic objectives, concerning gear conflict, overfishing, enforceability, (a) An exemption will be issued to a compliance, and other issues. person who currently owns a large ves- sel, to use that vessel to fish for Pacific [70 FR 29654, May 24, 2005; 70 FR 33719, June pelagic management unit species in the 9, 2005] American Samoa large vessel prohib- § 665.37 American Samoa pelagic fish- ited management areas, if he or she ery area management. had been the owner of that vessel when (a) Large vessel prohibited areas. A it was registered for use with a West- large vessel of the United States may ern Pacific general longline permit and not be used to fish for Pacific pelagic made at least one landing of Pacific pe- management unit species in the Amer- lagic management unit species in ican Samoa large vessel prohibited American Samoa on or prior to Novem- areas as defined in paragraphs (b) and ber 13, 1997. (c) of this section, except as allowed (b) A landing of Pacific pelagic man- pursuant to an exemption issued under agement unit species for the purpose of § 665.38. this section must have been properly (b) Tutuila Island, Manu’a Islands, and recorded on a NMFS Western Pacific Rose Atoll (AS-1). The large vessel pro- Federal daily longline form that was hibited area around Tutuila Island, the submitted to NMFS, as required in Manu’a Islands, and Rose Atoll con- § 665.14. sists of the waters of the EEZ around (c) An exemption is valid only for a American Samoa enclosed by straight vessel that was registered for use with lines connecting the following coordi- a Western Pacific general longline per- nates: mit and landed Pacific pelagic manage- ment unit species in American Samoa Point S. lat. W. long. on or prior to November 13, 1997, or for AS-1-A 13°30′ 167°25′ a replacement vessel of equal or small- AS-1-B 15°13′ 167°25′ er LOA than the vessel that was ini- tially registered for use with a Western and from Point AS-1-A westward along Pacific general longline permit on or the latitude 13°30′ S. until intersecting prior to November 13, 1997. the U.S. EEZ boundary with Samoa, (d) An exemption is valid only for the and from Point AS-1-B westward along vessel for which it is registered. An ex- the latitude 15°13′ S. until intersecting emption not registered for use with a the U.S. EEZ boundary with Samoa. particular vessel may not be used. (c) Swains Island (AS-2). The large (e) An exemption may not be trans- vessel prohibited area around Swains ferred to another person.

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(f) If more than one person, e.g., a (d) Number of permits. A maximum of partnership or corporation, owned a 15 limited access permits can be valid large vessel when it was registered for at any time. use with a Western Pacific general (e) Transfer or sale of limited access longline permit and made at least one permits. (1) Permits may be transferred landing of Pacific pelagic management or sold, but no one individual, partner- unit species in American Samoa on or ship, or corporation will be allowed to prior to November 13, 1997, an exemp- hold a whole or partial interest in more tion issued under this section will be than one permit, except that an owner issued to only one person. who qualifies initially for more than one permit may maintain those per- [67 FR 4371, Jan. 30, 2002, as amended at 70 FR 29657, May 24, 2005] mits, but may not obtain additional permits. Layering of partnerships or corporations shall not insulate a per- Subpart D—Western Pacific mit holder from this requirement. Crustacean Fisheries (2) If 50 percent or more of the owner- ship of a limited access permit is SOURCE: 61 FR 34572, July 2, 1996, unless passed to persons other than those list- otherwise noted. Redesignated at 71 FR 17989, ed on the permit application, the Pa- Apr. 10, 2006. cific Islands Regional Office must be notified of the change in writing and § 665.41 Permits. provided copies of the appropriate doc- (a) Applicability. (1) The owner of any uments confirming the changes within vessel used to fish for lobster in Permit 30 days. Area 1 must have a limited access per- (3) Upon the transfer or sale of a lim- mit issued for such vessel. Only one ited access permit, a new application permit will be assigned to any vessel. must be submitted by the new permit (2) The owner of any vessel used to owner according to the requirements of fish for lobster in Permit Area 2, Per- § 665.13. The transferred permit is not mit Area 3, or Permit Area 4, must valid until this process is completed. have a permit issued for that vessel. (f) Replacement of a vessel covered by a (3) No vessel owner will have permits limited access permit. A limited access for a single vessel to harvest lobsters permit issued under this section may, in Permit Areas 1 and 2 at the same without limitation as to frequency, be time. transferred by the permit holder to a (4) A limited access permit is valid replacement vessel owned by that per- for fishing only in Permit Area 1. son. (b) General requirements. General re- (g) Issuance of limited access permits to quirements governing application in- future applicants. (1) The Regional Ad- formation, issuance, fees, expiration, ministrator may issue limited access replacement, transfer, alteration, dis- permits under this section when fewer play, sanctions, and appeals for per- than 15 vessel owners hold active per- mits issued under this section, as appli- mits. cable, are contained in § 665.13. (2) When the Regional Administrator (c) Application. An application for a has determined that limited access per- permit required under this section will mits may be issued to new persons, a be submitted to the Pacific Islands Re- notice shall be placed in the FEDERAL gional Office as described in § 665.13. If REGISTER, and other means will be used the application for a limited access to notify prospective applicants of the permit is submitted on behalf of a part- opportunity to obtain permits under nership or corporation, the application the limited access management pro- must be accompanied by a supple- gram. mentary information sheet obtained (3) A period of 90 days will be pro- from the Pacific Islands Regional Of- vided after publication of the FEDERAL fice and contain the names and mailing REGISTER notice for submission of new addresses of all partners or share- applications for a limited access per- holders and their respective percentage mit. of ownership in the partnership or cor- (4) Limited access permits issued poration. under this paragraph (g) will be issued

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first to applicants qualifying under share in the vessel that the permit paragraph (g)(4)(i) of this section. If the would cover. number of limited access permits avail- [61 FR 34572, July 2, 1996. Redesignated at 71 able is greater than the number of ap- FR 17989, Apr. 10, 2006 and amended at 71 FR plicants that qualify under paragraph 30299, May 26, 2006; 71 FR 53607, Sept. 12, 2006] (g)(4)(i) of this section, then limited ac- cess permits will be issued to appli- § 665.42 Prohibitions. cants under paragraph (g)(4)(ii) of this In addition to the general prohibi- section. tions specified in § 600.725 of this chap- (i) First priority to receive limited ter and § 665.16, it is unlawful for any access permits under this paragraph (g) person to do any of the following: goes to owners of vessels that were (a) In Permit Area 1, it is unlawful used to land lobster from Permit Area for any person to— 1 during the period 1983 through 1990, (1) Fish for, take, or retain lobsters— and who were excluded from the fishery (i) Without a limited access permit by implementation of the limited ac- issued under § 665.41; cess system. If there are insufficient (ii) By methods other than lobster permits for all such applicants, the new traps or by hand for lobsters, as speci- permits shall be issued by the Regional fied in § 665.48; Administrator through a lottery. (iii) From closed areas for lobsters, (ii) Second priority to receive limited as specified in § 665.46; access permits under paragraph (g) (iv) During a closed season, as speci- goes to owners with the most points, fied in § 665.45; or based upon a point system. If two or (v) After the closure date, as speci- more owners have the same number of fied in § 665.50, and until the fishery points and there are insufficient per- opens again in the following calendar mits for all such owners, the Regional year. Administrator shall issue the permits (vi) In a lobster grounds after closure through a lottery. Under the point sys- of that grounds as specified in tem, limited access permits will be § 665.50(b). issued, in descending order, beginning (2) Fail to report before landing or with owners who have the most points offloading as specified in § 665.43. and proceeding to owners who have the (3) Fail to comply with any protec- least points, based on the following: tive measures implemented under § 665.51 or § 665.52. (A) Three points shall be assigned for (4) Leave a trap unattended in the each calendar year after August 8, 1985, Management Area except as provided that the applicant was the operator of in § 665.48. a vessel that was used to land lobster (5) Maintain on board the vessel or in from Permit Area 1. the water more than 1,200 traps per (B) Two points shall be assigned for fishing vessel, of which no more than each calendar year or partial year after 1,100 can be assembled traps, as speci- August 8, 1985, that the applicant was fied in § 665.48. the owner, operator, or crew member of (6) Land lobsters taken in Permit a vessel engaged in either commercial Area 1 after the closure date, as speci- fishing in Permit Area 2 for lobster, or fied in § 665.50, until the fishery opens fishing in Permit Area 1 for fish other again the following year. than lobster with an intention to sell (7) Refuse to make available to an all or part of the catch. authorized officer and employee of (C) One point shall be assigned for NMFS designated by the Regional Ad- each calendar year or partial year after ministrator for inspection and copying August 8, 1985, that the applicant was any records that must be made avail- the owner, operator, or crew member of able in accordance with § 665.14(f)(2). a vessel engaged in any other commer- (8) Possess on a fishing vessel that cial fishing in the EEZ surrounding Ha- has a limited access permit issued waii. under this subpart any lobster trap in (5) A holder of a new limited access Crustaceans Permit Area 1 when fish- permit must own at least a 50-percent ing for lobster is prohibited as specified

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in §§ 665.45(a), 665.50, 665.51, or 665.52, ex- ited during the months of May, June, cept as allowed under § 665.48(a)(7). July, and August. (9) Possess on a fishing vessel that [61 FR 34572, July 2, 1996, as amended at 62 has a limited access permit issued FR 35449, July 1, 1997; 63 FR 20540, Apr. 27, under this subpart any lobster trap in 1998; 64 FR 36822, July 8, 1999; 70 FR 29657, Crustaceans Permit Area 1 VMS Sub- May 24, 2005] area when fishing for lobsters is pro- hibited as specified in §§ 665.45(a), 665.50, § 665.43 Notifications. 665.51, and 665.52, except as allowed (a) The operator of any vessel subject under § 665.48(a)(8). to the requirements of this subpart (10) Interfere with, tamper with, must: alter, damage, disable, or impede the (1) Report, not less than 24 hours, but operation of a VMS unit or to attempt not more than 36 hours, before landing, any of the same while engaged in the the port, the approximate date and the Permit Area 1 fishery; or to move or approximate time at which spiny and remove a VMS unit while engaged in slipper lobsters will be landed. the Permit Area 1 fishery without first (2) Report, not less than 6 hours and notifying the Regional Administrator. not more than 12 hours before off- (11) Make a false statement, oral or loading, the location and time that off- written, to the Regional Administrator loading of spiny and slipper lobsters or an authorized officer, regarding the will begin. certification, use, operation, or main- (b) The Regional Administrator will tenance of a VMS unit used in the fish- notify permit holders of any change in ery. the reporting method and schedule re- (12) Fail to allow an authorized offi- quired in paragraphs (a)(1) and (2) of cer to inspect and certify a VMS unit this section at least 30 days prior to used in the fishery. the opening of the fishing season. (13) Possess, on a fishing vessel that has a limited access permit issued § 665.44 Lobster size and condition re- under this subpart, any lobster trap in strictions—Permit Area 2. a lobster grounds that is closed under (a) Only spiny lobsters with a cara- § 665.50(b), unless the vessel has an pace length of 8.26 cm or greater may operational VMS unit, certified by be retained (see Figure 3 of this sub- NMFS, on board. part). (b) In Permit Area 2, it is unlawful (b) Any lobster with a punctured or for any person to— mutilated body, or a separated cara- (1) Fish for, take, or retain lobsters— pace and tail, may not be retained. (i) By methods other than lobster (c) A female lobster of any size may traps or by hand, as specified in § 665.48; not be retained if it is carrying eggs ex- or ternally. Eggs may not be removed (ii) During a closed season, as speci- from female lobsters. fied in § 665.45(b). § 665.45 Closed seasons. (2) Retain or possess on a fishing ves- sel any lobster taken in Permit Area 2 (a) Lobster fishing is prohibited in that is less than the minimum size Permit Area 1 during the months of specified in § 665.44. January through June, inclusive. (3) Possess on a fishing vessel any (b) Lobster fishing is prohibited in lobster or lobster part taken in Permit Permit Area 2 during the months of Area 2 in a condition where the lobster May, June, July, and August. is not whole and undamaged as speci- [61 FR 34572, July 2, 1996, as amended at 63 fied in § 665.44. FR 20540, Apr. 27, 1998] (4) Retain or possess on a fishing ves- sel, or remove the eggs from, any egg- § 665.46 Closed areas. bearing lobster, as specified in § 665.44. All lobster fishing is prohibited: (5) Possess on a fishing vessel that (a) Within 20 nm of Laysan Island. has a permit for Permit Area 2 issued (b) Within the EEZ landward of the under this subpart any lobster trap in 10-fathom curve as depicted on Na- Permit Area 2 when fishing for lobster tional Ocean Survey Charts, Numbers in the main Hawaiian Islands is prohib- 19022, 19019, and 19016.

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§ 665.47 Gear identification. taceans Permit Area 1 with lobster In Permit Area 1, the vessel’s official traps on board on or after June 25, but number must be marked legibly on all must remain outside the Crustaceans traps and floats maintained on board Permit Area 1 VMS Subarea until the the vessel or in the water by that ves- NWHI lobster season opens on July 1. (8) A vessel whose owner has a lim- sel. ited access permit issued under this § 665.48 Gear restrictions. subpart and has on board an oper- ational VMS unit certified by NMFS (a) Permit Area 1. (1) Lobsters may be may transit Crustaceans Permit Area taken only with lobster traps or by 1, including Crustaceans Permit Area 1 hand. Lobsters may not be taken by VMS Subarea, with lobster traps on means of poisons, drugs, other chemi- board for the purpose of moving to an- cals, spears, nets, hook, or explosives. other lobster grounds or returning to (2) The smallest opening of an entry port following the closure date, as way of any lobster trap may not allow specified in § 665.50, providing the vessel any sphere or cylinder greater than 6.5 does not stop or fish and is making inches (16.5 cm) in diameter to pass steady progress to another lobster from outside the trap to inside the grounds or back to port as determined trap. by NMFS. (3) Each lobster trap must have a (9) The operator of a permitted vessel minimum of two escape vent panels must notify the Regional Adminis- that meet the following requirements: trator or an authorized officer no later (i) Panels must have at least four un- than June 15 of each year if the vessel obstructed circular holes no smaller will use a VMS unit in the fishery and than 67 mm in diameter, with centers allow for inspection and certification at least 82 mm apart. of the unit. (ii) The lowest part of any opening in (b) Permit Area 2. Lobsters may be an escape vent panel must not be more taken only with lobster traps or by than 85 mm above the floor of the trap. hand. Lobsters may not be taken by (iii) Panels must be placed opposite means of poisons, drugs, other chemi- one another in each trap. cals, spears, nets, hooks, or explosives. (4) A vessel fishing for or in posses- sion of lobster in any permit area may [61 FR 34572, July 2, 1996, as amended at 62 not have on board the vessel any trap FR 35450, July 1, 1997; 63 FR 20540, Apr. 27, that does not meet the requirements of 1998; 64 FR 36822, July 8, 1999; 70 FR 29657, paragraphs (a)(1), (2), and (3) of this May 24, 2005] section. § 665.49 At-sea observer coverage. (5) A maximum of 1,200 traps per ves- sel may be maintained on board or in All fishing vessels subject to this the water, provided that no more than subpart and subpart B of this part must 1,100 assembled traps are maintained carry an observer when requested to do on board or in the water. If more than so by the Regional Administrator. 1,100 traps are maintained, the unas- [61 FR 34572, July 2, 1996, as amended at 70 sembled traps may be carried as spares FR 29657, May 24, 2005] only, in order to replace assembled traps that may be lost or become unus- § 665.50 Harvest limitation program. able. (a) General. Harvest guidelines for the (6) Traps shall not be left unattended Necker Island Lobster Grounds, Gard- in any permit area, except in the event ner Pinnacles Lobster Grounds, Maro of an emergency, in which case the ves- Reef Lobster Grounds, and General sel operator must notify the SAC of the NWHI Lobster Grounds for Permit emergency that necessitated leaving Area 1 will be set annually for the cal- the traps on the grounds, and the loca- endar year and shall: tion and number of the traps, within 24 (1) Apply to the total catch of spiny hours after the vessel reaches port. and slipper lobsters. (7) A vessel whose owner has a lim- (2) Be expressed in terms of numbers ited access permit issued under this of lobsters. subpart and has an operating VMS unit (b) Harvest guideline. (1) The Regional certified by the NMFS may enter Crus- Administrator shall use information

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from daily lobster catch reports and (by species) and effort (number of trap lobster sales reports from previous hauls) data while at sea to NMFS in years, and may use information from Honolulu. The Regional Administrator research sampling and other sources to shall notify permit holders of the re- establish the annual harvest guideline porting method, schedule, and logistics in accordance with the FMP after con- at least 30 days prior to the opening of sultation with the Council. the fishing season. (2) NMFS shall publish a document [61 FR 34572, July 2, 1996, as amended at 62 indicating the annual harvest guideline FR 35450, July 1, 1997; 63 FR 20541, Apr. 27, in the FEDERAL REGISTER by February 1998; 64 FR 36822, July 8, 1999] 28 of each year and shall use other means to notify permit holders of the § 665.51 Monk seal protective meas- harvest guideline for the year. ures. (3) The Regional Administrator shall (a) General. This section establishes a determine, on the basis of the informa- procedure that will be followed if the tion reported to NMFS by the operator Regional Administrator receives a re- of each vessel fishing, when the harvest port of a monk seal death that appears guideline for each lobster ground will to be related to the lobster fishery in be reached. Permit Area 1. (4) Notice of the date when the har- (b) Notification. Upon receipt of a re- vest guideline for a lobster ground is port of a monk seal death that appears expected to be reached and specifica- to be related to the lobster fishery, the tion of the closure date of the lobster Regional Administrator will notify all grounds will be provided to each permit interested parties of the facts known holder and/or operator of each per- about the incident. The Regional Ad- mitted vessel at least 24 hours in ad- ministrator will also notify them that vance of the closure. After a closure, an investigation is in progress, and the harvest of lobster in that lobster that, if the investigation reveals a ground is prohibited, and the posses- threat of harm to the monk seal popu- sion of lobster traps on board the ves- lation, protective measures may be im- sel in that lobster ground is prohibited plemented. unless allowed under § 665.48(a)(8). (c) Investigation. (1) The Regional Ad- (5) With respect to the notification in ministrator will investigate the inci- paragraph (b)(4) of this section, NMFS dent reported and will attempt to: shall provide each permit holder and (i) Verify that the incident occurred. operator of each permitted vessel with (ii) Determine the extent of the harm the following information, as appro- to the monk seal population. priate: (i) Determination of when the over- (iii) Determine the probability of a all harvest guideline for Crustaceans similar incident recurring. Permit Area 1 will be reached; (iv) Determine details of the incident (ii) Closure date after which harvest such as: of lobster or possession of lobster traps (A) The number of animals involved. on board the vessel in a lobster grounds (B) The cause of the mortality. is prohibited; (C) The age and sex of the dead ani- (iii) Closure date after which the pos- mal(s). session of lobster traps on board the (D) The relationship of the incident vessel in Crustaceans Permit Area 1 is to the reproductive cycle, for example, prohibited by any permitted vessel breeding season (March-September), that is not operating a VMS unit cer- non-breeding season (October- Feb- tified by NMFS; and ruary). (iv) Specification of when further (E) The population estimates or landings of lobster will be prohibited counts of animals at the island where by permitted vessels not carrying an the incident occurred. operational VMS unit, certified by (F) Any other relevant information. NMFS, on board. (v) Discover and evaluate any extenu- (c) Monitoring and adjustment. The op- ating circumstances. erator of each vessel fishing during the (vi) Evaluate any other relevant fac- open season shall report lobster catch tors.

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(2) The Regional Administrator will dent that triggered the procedure de- make the results of the investigation scribed in this section, the protective available to the interested parties and measures, and the reasons for the pro- request their advice and comments. tective measures. (d) Determination of relationship. The (h) Notification of ‘‘no action.’’ If, at Regional Administrator will review any point in the process described in and evaluate the results of the inves- this section, the Regional Adminis- tigation and any comments received trator or Assistant Administrator de- from interested parties. If there is sub- cides that no further action is required, stantial evidence that the death of the the interested parties will be notified monk seal was related to the lobster of this decision. fishery, the Regional Administrator (i) Effective dates. (1) The protective will: measures will take effect 10 days after (1) Advise the interested parties of the date of publication in the FEDERAL his or her conclusion and the facts REGISTER. upon which it is based. (2) Request from the interested par- (2) The protective measures will re- ties their advice on the necessity of main in effect for the shortest of the protective measures and suggestions following time periods: for appropriate protective measures. (i) Until the Crustaceans FMP and (e) Determination of response. The Re- this section are amended to respond to gional Administrator will consider all the problem; relevant information discovered during (ii) Until other action that will re- the investigation or submitted by in- spond to the problem is taken under terested parties in deciding on the ap- the ESA; propriate response. Protective meas- (iii) Until the Assistant Adminis- ures may include, but are not limited trator, following the procedures set to, changes in trap design, changes in forth in paragraph (j) of this section, gear, closures of specific areas, or clo- decides that the protective measures sures for specific periods of time. are no longer required and repeals the (f) Action by the Regional Adminis- measures; or trator. If the Regional Administrator (iv) For the period of time set forth decides that protective measures are in the FEDERAL REGISTER notification, necessary and appropriate, the Re- not to exceed 3 months. The measures gional Administrator will prepare a may be renewed for 3 months after document that describes the incident, again following procedures in para- the protective measures proposed, and graphs (b) through (g) of this section. the reasons for the protective meas- (j) Repeal. (1) If the Assistant Admin- ures; provide it to the interested par- istrator decides that protective meas- ties; and request their comments. ures may no longer be necessary for (g) Implementation of protective meas- the protection of monk seals, the inter- ures. (1) If, after completing the steps ested parties will be notified of this described in paragraph (f) of this sec- preliminary decision and the facts tion, the Regional Administrator con- upon which it is based. The Assistant cludes that protective measures are Administrator will request advice on necessary and appropriate, the Re- the proposed repeal of the protective gional Administrator will recommend measures. the protective measures to the Assist- ant Administrator and provide notice (2) The Assistant Administrator will of this recommendation to the Chair- consider all relevant information ob- man of the Council and the Director of tained by the Regional Administrator the Division of Aquatic Resources, De- or submitted by interested parties in partment of Land and Natural Re- deciding whether to repeal the protec- sources, State of Hawaii. tive measures. (2) If the Assistant Administrator (3) If the Assistant Administrator de- concurs with the Regional Administra- cides to repeal the protective meas- tor’s recommendation, NMFS will pub- ures— lish an action in the FEDERAL REGISTER (i) Interested parties will be notified that includes a description of the inci- of the decision; and

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(ii) Notification of repeal and the § 665.53 Framework procedures. reasons for the repeal will be published (a) Introduction. New management in the FEDERAL REGISTER. measures may be added through rule- [61 FR 34572, July 2, 1996, as amended at 70 making if new information dem- FR 29657, May 24, 2005] onstrates that there are biological, so- cial, or economic concerns in Permit § 665.52 Monk seal emergency protec- Areas 1, 2, or 3. The following frame- tive measures. work process authorizes the implemen- (a) Determination of emergency. If, at tation of measures that may affect the any time during the process described operation of the fisheries, gear, harvest in § 665.51, the Regional Administrator guidelines, or changes in catch and/or determines that an emergency exists effort. involving monk seal mortality related (b) Annual report. By June 30 of each to the lobster fishery and that meas- year, the Council-appointed Crusta- ures are needed immediately to protect ceans Plan Team will prepare an an- the monk seal population, the Regional nual report on the fisheries in the man- Administrator will— agement area. The report shall con- (1) Notify the interested parties of tain, among other things, recommenda- this determination and request their tions for Council action and an assess- immediate advice and comments. ment of the urgency and effects of such (2) Forward a recommendation for action(s). emergency action and any advice and (c) Procedure for established measures. (1) Established measures are manage- comments received from interested ment measures that, at some time, parties to the Assistant Administrator. have been included in regulations im- (b) Implementation of emergency meas- plementing the FMP, and for which the ures. If the Assistant Administrator impacts have been evaluated in Coun- agrees with the recommendation for cil/NMFS documents in the context of emergency action— current conditions. (1) The Regional Administrator will (2) Following the framework proce- determine the appropriate emergency dures of Amendment 9 to the FMP, the protective measures. Council may recommend to the Re- (2) NMFS will publish the emergency gional Administrator that established protective measures in the FEDERAL measures be modified, removed, or re- REGISTER. instituted. Such recommendation shall (3) The Regional Administrator will include supporting rationale and anal- notify the interested parties of the ysis, and shall be made after advance emergency protective measures. Hold- public notice, public discussion, and ers of permits to fish in Permit Area I consideration of public comment. will be notified by certified mail. Per- NMFS may implement the Council’s mit holders that the Regional Adminis- recommendation by rulemaking if ap- trator knows are on the fishing proved by the Regional Administrator. grounds also will be notified by radio. (d) Procedure for New Measures. (1) (c) Effective dates. (1) Emergency pro- New measures are management meas- tective measures are effective against ures that have not been included in a permit holder at 12:01 a.m., local regulations implementing the FMP, or time, of the day following the day the for which the impacts have not been permit holder receives actual notice of evaluated in Council/NMFS documents the measures. in the context of current conditions. (2) Emergency protective measures (2) Following the framework proce- are effective for 10 days from the day dures of Amendment 9 to the FMP, the following the day the first permit hold- Council will publicize, including by a er is notified of the protective meas- FEDERAL REGISTER document, and so- ures. licit public comment on, any proposed (3) Emergency protective measures new management measure. After a may be extended for an additional 10 Council meeting at which the measure days, if necessary, to allow the comple- is discussed, the Council will consider tion of the procedures set out in recommendations and prepare a FED- § 665.51. ERAL REGISTER document summarizing

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the Council’s deliberations, rationale, agement unit species shoreward of the and analysis for the preferred action, outer boundary of the Pacific Remote and the time and place for any subse- Island Areas subarea must have a per- quent Council meeting(s) to consider mit issued under this section, and the the new measure. At subsequent public permit must be registered for use with meeting(s), the Council will consider that vessel. public comments and other informa- (3) Guam large vessel. The owner of tion received to make a recommenda- any large vessel used to fish for, land, tion to the Regional Administrator or transship bottomfish management about any new measure. NMFS may unit species shoreward of the outer implement the Council’s recommenda- boundary of the Guam subarea must tion by rulemaking if approved by the have a permit issued under this sec- Regional Administrator. tion, and the permit must be registered for use with that vessel. § 665.54 Five-year review. (4) Main Hawaiian Islands non-com- The Council, in cooperation with mercial. The owner of a vessel that is NMFS, will conduct a review of the ef- used for and any person who partici- fectiveness and impacts of the NWHI pates in non-commercial, vessel-based management program, including bio- fishing, landing, or transshipment of logical, economic, and social aspects of bottomfish management unit species in the fishery, by July 1, 2001. the Main Hawaiian Islands Manage- ment Subarea is required to obtain a Subpart E—Bottomfish and Main Hawaiian Islands non-commercial Seamount Groundfish Fisheries bottomfish permit or a State of Hawaii Commercial Marine License. If one or SOURCE: 61 FR 34572, July 2, 1996, unless more persons on a vessel-based otherwise noted. Redesignated at 71 FR 17989, bottomfish fishing trip holds a Main Apr. 10, 2006. Hawaiian Islands non-commercial per- mit, then the entire trip is considered § 665.61 Permits. non-commercial, and not commercial. (a) Applicability. (1) Northwestern Ha- However, if any commercial fishing oc- waiian Islands (NWHI). The owner of curs during or as a result of a vessel- any vessel used to fish for, land, or based fishing trip, then the fishing trip transship bottomfish management unit is considered commercial, and not non- species shoreward of the outer bound- commercial. Charter boat customers ary of the Northwestern Hawaiian Is- are not subject to the requirements of lands subarea must have a permit the section. issued under this section, and the per- (b) Submission. (1) An application for mit must be registered for use with that vessel. The PIRO will not register a permit required under this section a single vessel for use with a Ho omalu must be submitted to the PIRO as de- Zone permit and a Mau Zone permit at scribed in § 665.13. (2) Ho’omalu Zone lim- the same time. Mau Zone permits ited access permit. In addition to an ap- issued before June 14, 1999, become in- plication under § 665.13(c), each appli- valid June 14, 1999, except that a per- cant for a Ho’omalu Zone permit must mit issued to a person who submitted a also submit a supplementary informa- timely application under paragraph tion sheet provided by the PIRO, which (b)(3) of this section is valid until the must be signed by the vessel owner or permit holder either receives a Mau a designee and include the following in- Zone limited entry permit or until formation: final agency action is taken on the per- (i) The qualification criterion that mit holder’s application. The Ho omalu the applicant believes he or she meets Zone and the Mau Zone limited entry for issuance of a limited access permit; systems described in this section are (ii) A copy of landings receipts or subject to abolition, modification, or other documentation, with a certifi- additional effort limitation programs. cation from a state or Federal agency (2) Pacific Remote Island Areas (PRIA). that this information is accurate, to The owner of any vessel used to fish demonstrate participation in the NWHI for, land, or transship bottomfish man- bottomfish fishery; and

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(iii) If the application is filed by a trator for transfer of that owner’s per- partnership or corporation, the names mit to a replacement vessel greater of each of the individual partners or than 60 ft (18.3 m) in length. The Re- shareholders and their respective per- gional Administrator may transfer the centages of ownership of the partner- permit upon determining, after con- ship or corporation. sultation with the Council and consid- (3) Mau Zone limited access permit. The ering the objectives of the limited ac- PIRO will not accept applications for a cess program, that the replacement new Mau Zone permit after June 14, vessel has catching power that is com- 1999. In addition to an application parable to the rest of the vessels hold- under § 665.13(c), each applicant for a ing permits for the fishery, or has Mau Zone permit must also submit a catching power that does not exceed supplementary information sheet pro- that of the original vessel, and that the vided by the PIRO, which must be transfer is not inconsistent with the signed by the vessel owner or a des- objectives of the program. The Re- ignee and include the following infor- gional Administrator shall consider mation: vessel length, range, hold capacity, (i) The qualification criterion that gear limitations, and other appropriate the applicant believes he or she meets factors in making determinations of for issuance of a limited access permit; catching power equivalency and com- (ii) Copy of State of Hawaii catch re- parability of the catching power of ves- port(s) to demonstrate that the per- sels in the fishery. mitted vessel had made qualifying (e) Ho’omalu Zone limited access permit landings of bottomfish from the Mau renewal. (1) A qualifying landing for Zone; and Ho’omalu Zone permit renewal is a (iii) If the application is filed by a landing of at least 2,500 lb (1,134 kg) of partnership or corporation, the names bottomfish management unit species of each of the individual partners or from the Ho’omalu Zone or a landing of shareholders and their respective per- at least 2,500 lb (1,134 kg) of fish from centage of ownership of the partnership the Ho’omalu Zone, of which at least 50 or corporation. percent by weight was bottomfish man- (c) Sale or transfer of Ho’omalu limited agement unit species. A permit is eligi- access permits to new vessel owners. (1) A Ho’omalu zone permit may not be sold ble for renewal for the next calendar or otherwise transferred to a new year if the vessel covered by the permit owner. made three or more qualifying landings (2) A Ho’omalu zone permit or per- during the current calendar year. mits may be held by a partnership or (2) The owner of a permitted vessel corporation. If 50 percent or more of that did not make three or more quali- the ownership of the vessel passes to fying landings of bottomfish in a year persons other than those listed in the may apply to the Regional Adminis- original application, the permit will trator for waiver of the landing re- lapse and must be surrendered to the quirement. If the Regional Adminis- Regional Administrator. trator finds that failure to make three (d) Transfer of Ho’omalu Zone limited landings was due to circumstances be- access permits to replacement vessels. (1) yond the owner’s control, the Regional Upon application by the owner of a per- Administrator may renew the permit. mitted vessel, the Regional Adminis- A waiver may not be granted if the trator will transfer that owner’s per- failure to make three landings was due mit to a replacement vessel owned by to general economic conditions or mar- that owner, provided that the replace- ket conditions, such that the vessel op- ment vessel does not exceed 60 ft (18.3 erations would not be profitable. m) in length. The replacement vessel (f) Issuance of new Ho’omalu Zone lim- must be put into service no later than ited access permits. The Regional Ad- 12 months after the owner applies for ministrator may issue new Ho’omalu the transfer, or the transfer shall be Zone limited access permits under void. § 665.13 if the Regional Administrator (2) An owner of a permitted vessel determines, in consultation with the may apply to the Regional Adminis- Council, that bottomfish stocks in the

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Ho’omalu Zone are able to support ad- (4) Notification. The Regional Admin- ditional fishing effort. istrator shall place a notice in the FED- (g) Eligibility for new Ho’omalu Zone ERAL REGISTER and shall use other limited access permits. When the Re- means to notify prospective applicants gional Administrator has determined of the opportunity to file applications that new permits may be issued, they for new permits under this program. shall be issued to applicants based (h) Eligibility for new Mau Zone limited upon eligibility, determined as follows: access permits. (1) The PIRO will issue (1) Point system. (i) Two points will be an initial Mau Zone permit to a vessel assigned for each year in which the ap- owner who qualifies for at least three plicant was owner or captain of a ves- points under the following point sys- sel that made three or more of any of tem: the following types of landings in the (i) An owner who held a Mau Zone NWHI: permit on or before December 17, 1991, (A) Any amount of bottomfish man- and whose permitted vessel made at agement unit species, regardless of least one qualifying landing of weight, if made on or before August 7, bottomfish management unit species 1985; on or before December 17, 1991, shall be (B) At least 2,500 lb (1,134 kg) of assigned 1.5 points. bottomfish management unit species, (ii) An owner whose permitted vessel if made after August 7, 1985; or made at least one qualifying landing of (C) At least 2,500 lb (1,134 kg) of any bottomfish management unit species fish lawfully harvested from the NWHI, during 1991, shall be assigned 0.5 point. of which at least 50 percent by weight (iii) An owner whose permitted vessel was bottomfish, if made after August 7, made at least one qualifying landing of 1985. bottomfish management unit species (ii) One point will be assigned for during 1992, shall be assigned 1.0 point. each year in which the applicant was (iv) An owner whose permitted vessel owner or captain of a vessel that land- made at least one qualifying landing of ed at least 6,000 lb (2,722 kg) of bottomfish management unit species bottomfish from the main Hawaiian Is- during 1993, shall be assigned 1.5 points. lands. (v) An owner whose permitted vessel (iii) For any one year, points will be made at least one qualifying landing of assigned under either paragraph bottomfish management unit species (g)(1)(i) or (g)(1)(ii) of this section, but during 1994, shall be assigned 2.0 points. not under both paragraphs. (vi) An owner whose permitted vessel (iv) Before the Regional Adminis- made at least one qualifying landing of trator issues an Ho’omalu zone permit bottomfish management unit species to fish for bottomfish under this sec- during 1995, shall be assigned 2.5 points. tion, the primary operator and relief (vii) An owner whose permitted ves- operator named on the application sel made at least one qualifying land- form must have completed a protected ing of bottomfish management unit species workshop conducted by NMFS. species during 1996, shall be assigned (2) Restrictions. An applicant must 3.0 points. own at least a 25–percent share in the (viii) Before the PIRO issues a Mau vessel that the permit would cover, and Zone permit to fish for bottomfish only one permit will be assigned to any under this section, the primary oper- vessel. ator and relief operator named on the (3) Order of issuance. New permits application form must have completed shall be awarded to applicants in de- a protected species workshop con- scending order, starting with the appli- ducted by NMFS. cant with the largest number of points. (2) For purposes of this paragraph If two or more persons have an equal § 665.61(h), a ‘‘qualifying landing’’ number of points, and there are insuffi- means any amount of bottomfish man- cient new permits for all such appli- agement unit species lawfully har- cants, the new permits shall be award- vested from the Mau Zone and ed by the Regional Administrator offloaded for sale. No points shall be through a lottery. assigned to an owner for any qualifying

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landings reported to the State of Ha- less than three points, shall not assign waii more than 1 year after the land- any points generated by the vessel’s ing. landings during such time frame(s). (3) More than one Mau Zone permit (i) Ownership requirements and reg- may be issued to an owner of two or istration of Mau Zone limited access per- more vessels, provided each of the own- mits for use with other vessels. (1) A Mau er’s vessels for which a permit will be Zone permit may be held by an indi- registered for use has made the re- vidual, partnership, or corporation. No quired qualifying landings for the more than 49 percent of the underlying owner to be assigned at least three eli- ownership interest in a Mau Zone per- gibility points. mit may be sold, leased, chartered, or (4) A Mau Zone permit holder who otherwise transferred to another per- does not own a vessel at the time ini- son or entity. If more than 49 percent tial permits are issued must register of the underlying ownership of the per- the permit for use with a vessel owned mit passes to persons or entities other by the permit holder within 12 months than those listed in the original permit from the date the permit was issued. In application supplemental information the interim, the permit holder may sheet, then the permit expires and register the permit for use with a must be surrendered to the PIRO. leased or chartered vessel. If within 12 (2) A Mau Zone permit holder may months of initial permit issuance, the apply under § 665.13 to the PIRO to reg- permit holder fails to apply to the ister the permit for use with another PIRO to register the permit for use vessel if that vessel is owned by the with a vessel owned by the permit permit holder, and is no longer than 60 holder, then the permit expires. ft (18.3 m). (5) For each of paragraphs (h)(1)(i) (3) If a Mau Zone permit holder sells through (h)(1)(viii) of this section, the the vessel, for which the permit is reg- PIRO shall assign points based on the istered for use, the permit holder must landings of one permitted vessel to within 12 months of the date of sale only one owner if the vessel did not apply to the PIRO to register the per- have multiple owners during the time mit for use with a vessel owned by the frame covered by the subordinate para- permit holder. If the permit holder has graphs. If a vessel had multiple owners not applied to register a replacement during a time frame covered by any of vessel within 12 months, then the per- paragraphs (h)(1)(i) through (h)(1)(viii) mit expires. of this section (including joint owners, (4) If a permitted vessel owned by the partners, or shareholders of a corporate permit holder is sold or becomes owner), the PIRO will assign the points unseaworthy, the Mau Zone permit for that subordinate paragraph to a with which the vessel was registered single owner if only one owner submits may be registered for use with a leased an application with respect to the land- or chartered vessel for a period not to ings of that vessel during that time exceed 12 months from the date of reg- frame. If multiple owners submit sepa- istration of the leased or chartered ves- rate applications with respect to the sel. If by the end of that 12-month pe- same landings of the same vessel dur- riod the permit holder fails to apply to ing the same time frame, then the the PIRO to register the permit for use PIRO shall: with a vessel owned by the permit (i) Adhere to any written agreement holder, then the permit expires. between the applicants with respect to (j) Mau Zone limited access permit re- who among them shall be assigned the newal. (1) A Mau Zone permit will be aggregate point(s) generated by land- eligible for renewal if the vessel for ings during such time frame(s), or which the permit is registered for use (ii) If there is no agreement: made at least five separate fishing (A) Shall issue the applicants a joint trips with landings of at least 500 lb permit provided the vessel’s landings (227 kg) of bottomfish management during such time frames generated at unit species per trip during the cal- least three points, or endar year. Only one landing of (B) In the event the vessel’s landings bottomfish management unit species during such time frame(s) generated per fishing trip to the Mau Zone will be

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counted toward the landing require- (5) The Regional Administrator may ment. adopt the hearing officer’s rec- (2) If the vessel for which the permit ommended decision, in whole or in is registered for use fails to meet the part, or may reject or modify it. The landing requirement of paragraph (j)(1) Regional Administrator’s decision on of this section, the owner may apply to the application is the final administra- the Regional Administrator for a waiv- tive decision of the Department of er of the landing requirement. Grounds Commerce, and is effective on the date for a waiver are limited to captain in- the Administrator signs the decision. capacitation, vessel breakdowns, and the loss of the vessel at sea if the event [64 FR 22812, Apr. 28, 1999, as amended at 70 FR 29657, May 24, 2005; 71 FR 53607, Sept. 12, prevented the vessel from meeting the 2006; 71 FR 64477, Nov. 2, 2006; 73 FR 18459, landing requirement. Unprofitability is Apr. 4, 2008] not sufficient for waiver of the landing requirement. § 665.62 Prohibitions. (3) Failure of the permit holder to In addition to the general prohibi- register a vessel for use under the per- tions specified in § 600.725 of this chap- mit does not exempt a permit holder ter and § 665.15, it is unlawful for any from the requirements specified in this person to do any of the following: paragraph. (a) Fish for bottomfish or seamount (k) Appeals of permit actions. (1) Ex- groundfish using gear prohibited under cept as provided in subpart D of 15 CFR § 665.64. part 904, any applicant for a permit or a permit holder may appeal the grant- (b) Fish for, or retain on board a ves- ing, denial, or revocation of his or her sel, bottomfish management unit spe- permit to the Regional Administrator. cies in the Ho’omalu Zone, the Mau (2) In order to be considered by the Zone, or the Pacific Remote Island Regional Administrator, such appeal Areas without the appropriate permit must be in writing, must state the ac- registered for use with that vessel tion appealed, and the reasons there- issued under § 665.13. fore, and must be submitted within 30 (c) Serve as primary operator or re- days of the appealed action. The appel- lief operator on a vessel with a Mau or lant may request an informal hearing Ho’omalu Zone permit without com- on the appeal. pleting a protected species workshop (3) The Regional Administrator, in conducted by NMFS, as required by consultation with the Council, will de- § 665.61. cide the appeal in accordance with the (d) Fail to notify the USCG at least FMP and implementing regulations 24 hours prior to making any landing of and based upon information relative to bottomfish taken in the Ho’omalu the application on file at NMFS and Zone, as required by § 665.63. the Council, the summary record kept (e) Fish within any protected species of any hearing, the hearing officer’s study zone in the NWHI without noti- recommended decision, if any, and any fying the Regional Administrator of other relevant information. the intent to fish in these zones, as re- (4) If a hearing is requested, or if the quired under § 665.63. Regional Administrator determines (f) Falsify or fail to make or file all that one is appropriate, the Regional reports of bottomfish management unit Administrator may grant an informal species landings taken in the Pacific hearing before a hearing officer des- Remote Island Areas, containing all ignated for that purpose. The applicant data in the exact manner, as specified or permit holder may appear person- in § 665.14(a). ally or be represented by counsel at the (g) Use a large vessel that does not hearing and submit information and have a valid Guam bottomfish permit present arguments as determined ap- registered for use with that vessel to propriate by the hearing officer. Within fish for, land, or transship bottomfish 30 days of the last day of the hearing, management unit species shoreward of the hearing officer shall recommend in the outer boundary of the Guam sub- writing a decision to the Regional Ad- area of the bottomfish fishery manage- ministrator. ment area in violation of § 665.61(a).

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(h) Use a large vessel to fish for fishery, in violation of §§ 665.72, 665.74, bottomfish management unit species or 665.75. within the Guam large vessel [61 FR 34572, July 2, 1996, as amended at 64 bottomfish prohibited area, as defined FR 22814, Apr. 28, 1999; 70 FR 29657, May 24, in § 665.70(b). 2005; 71 FR 53607, Sept. 12, 2006; 71 FR 64477, (i) Land or transship, shoreward of Nov. 2, 2006; 73 FR 18459, Apr. 4, 2008] the outer boundary of the Guam sub- EFFECTIVE DATE NOTE: At 73 FR 50573, Aug. area of the bottomfish fishery manage- 27, 2008, § 665.62 was amended by suspending ment area, bottomfish management paragraphs (l) and (m) and adding paragraphs unit species that were harvested in vio- (o) and (p), effective Aug. 22, 2008 through lation of § 665.62(h). Nov. 14, 2008. (j) Falsify or fail to make or file re- § 665.63 Notification. ports of all fishing activities shoreward of outer boundary of the Main Hawai- (a) The owner or operator of a fishing ian Islands Management Subarea, in vessel subject to this subpart must in- form the PIRO at least 72 hours (not in- violation of §§ 665.3 or 665.14(a). cluding weekends and holidays) before (k) Own a vessel or fish from a vessel leaving port, of his or her intent to fish that is used to fish non-commercially within the protected species study for any bottomfish management unit zones defined in § 665.12. The notice species in the Main Hawaiian Islands must include the name of the vessel, Management Subarea without either a name of the operator, intended depar- Main Hawaiian Islands non-commercial ture and return date, and a telephone bottomfish permit or a State of Hawaii number at which the owner or operator Commercial Marine License, in viola- may be contacted during the business tion of §§ 665.4 or 665.61(a)(4). day (8 a.m. to 5 p.m.) to indicate (l) Fish for or possess any Hawaii Re- whether an observer will be required on stricted Bottomfish Species as speci- the subject fishing trip. fied in § 665.71, in the Main Hawaiian Is- (b) The operator of a fishing vessel lands Management Subarea after a clo- that has taken bottomfish in the sure of the fishery, in violation of Ho’omalu Zone must contact the §§ 665.72 or 665.74. USCG, by radio or otherwise, at the (m) Sell or offer for sale any Hawaii 14th District, Honolulu, HI; Pacific Restricted Bottomfish Species, as spec- Area, San Francisco, CA; or 17th Dis- ified in § 665.71, after a closure of the trict, Juneau, AK, at least 24 hours be- fishery, in violation of §§ 665.72 or fore landing, and report the port and 665.74. the approximate date and time at which the bottomfish will be landed. (n) Harvest, possess, or land more than a total of five fish (all species [61 FR 34572, July 2, 1996, as amended at 70 combined) identified as Hawaii Re- FR 29657, May 24, 2005] stricted Bottomfish Species in § 665.71 § 665.64 Gear restrictions. from a vessel in the Main Hawaiian Is- lands Management Subarea, while (a) Bottom trawls and bottom set holding a Main Hawaiian Islands non- gillnets. Fishing for bottomfish and sea- commercial bottomfish permit, or mount groundfish with bottom trawls while participating as a charter boat and bottom set gillnets is prohibited. customer, in violation of § 665.73. (b) Possession of gear. Possession of a (o) Fish for or possess any Hawaii Re- bottom trawl and bottom set gillnet by any vessel having a permit under stricted Bottomfish Species as speci- § 665.61 or otherwise established to be fied in § 665.71, in the Main Hawaiian Is- fishing for bottomfish or seamount lands Management Subarea after a clo- groundfish in the management sub- sure of the fishery, in violation of areas is prohibited. §§ 665.72, 665.74, or 665.75. (c) Poisons and explosives. The posses- (p) Sell or offer for sale any Hawaii sion or use of any poisons, explosives, Restricted Bottomfish Species, as spec- or intoxicating substances for the pur- ified in § 665.71, after a closure of the pose of harvesting bottomfish and sea- mount groundfish is prohibited.

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§ 665.65 At-sea observer coverage. days prior to the effective date or through actual notice to the permit (a) All fishing vessels subject to this holders. subpart must carry an observer when directed to do so by the Regional Ad- § 665.67 Framework for regulatory ad- ministrator. justments. (b) The PIRO will advise the vessel owner or operator of any observer re- (a) Annual reports. By June 30 of each quirement within 72 hours (not includ- year, a Council-appointed bottomfish ing weekends or holidays) of receipt of monitoring team will prepare an an- the notice. If an observer is required, nual report on the fishery by area cov- the owner or operator will be informed ering the following topics: of the terms and conditions of observer (1) Fishery performance data. coverage, and the time and place of (2) Summary of recent research and embarkation of the observer. survey results. (c) All observers must be provided (3) Habitat conditions and recent al- with sleeping, toilet, and eating ac- terations. commodations at least equal to that (4) Enforcement activities and prob- provided to a full crew member. A mat- lems. tress of futon on the floor or a cot is (5) Administrative actions (e.g., data not acceptable in place of a regular collection and reporting, permits). bunk. Meal and other gallery privileges (6) State and territorial management must be the same for the observer as actions. for other crew members. (7) Assessment of need for Council ac- (d) Female observers on a vessel with tion (including biological, economic, an all-male crew must be accommo- social, enforcement, administrative, dated either in a single-person cabin and state/Federal needs, problems, and or, if reasonable privacy can be ensured trends). Indications of potential prob- by installing a curtain or other tem- lems warranting further investigation porary divider, in a two-person cabin may be signaled by the following indi- shared with a licensed officer of the cator criteria: vessel. If the cabin assigned to a female (i) Mean size of the catch of any spe- observer does not have its own toilet cies in any area is a pre-reproductive and shower facilities that can be pro- size. vided for the exclusive use of the ob- (ii) Ratio of fishing mortality to nat- server, then a schedule for time-shar- ural mortality for any species. ing of common facilities must be estab- (iii) Harvest capacity of the existing lished and approved by the Regional fleet and/or annual landings exceed Administrator prior to the vessel’s de- best estimate of MSY in any area. parture from port. (iv) Significant decline (50 percent or [61 FR 34572, July 2, 1996, as amended at 70 more) in bottomfish catch per unit of FR 29657, May 24, 2005] effort from baseline levels. (v) Substantial decline in ex-vessel § 665.66 Protected species conserva- revenue relative to baseline levels. tion. (vi) Significant shift in the relative The Regional Administrator may proportions of gear in any one area. change the size of the protected species (vii) Significant change in the frozen/ study zones defined in § 665.12 of this fresh components of the bottomfish subpart: catch. (a) If the Regional Administrator de- (viii) Entry/exit of fishermen in any termines that a change in the size of area. the study zones would not result in (ix) Per-trip costs for bottomfishing fishing for bottomfish in the NWHI exceed per-trip revenues for a signifi- that would adversely affect any species cant percentage of trips. listed as threatened or endangered (x) Significant decline or increase in under the ESA. total bottomfish landings in any area. (b) After consulting with the Council. (xi) Change in species composition of (c) Through notification in the FED- the bottomfish catch in any area. ERAL REGISTER published at least 30 (xii) Research results.

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(xiii) Habitat degradation or environ- nuson Act, other applicable law, and mental problems. the Bottomfish FMP. (xiv) Reported interactions between (5) To minimize conflicts between the bottomfishing operations and protected Federal and state management sys- species in the NWHI. tems, the Council will use the proce- (8) Recommendations for Council ac- dures in paragraph (b) of this section to tion. respond to state/territorial manage- (9) Estimated impacts of rec- ment actions. Council consideration of ommended action. action would normally begin with a (b) Recommendation of management ac- representative of the state or terri- tion. (1) The team may present manage- torial government bringing a potential ment recommendations to the Council or actual management conflict or need at any time. Recommendations may cover actions suggested for Federal to the Council’s attention. regulations, state/territorial action, (d) Access limitation procedures. (1) Ac- enforcement or administrative ele- cess limitation may be adopted under ments, and research and data collec- this paragraph (d) only for the NWHI, tion. Recommendations will include an American Samoa, and Guam. assessment of urgency and the effects (2) If access limitation is proposed for of not taking action. adoption or subsequent modification (2) The Council will evaluate the through the process described in this team’s reports and recommendations, paragraph (d), the following require- and the indicators of concern. The ments must be met: Council will assess the need for one or (i) The Bottomfish Monitoring Team more of the following types of manage- must consider and report to the Coun- ment action: Catch limits, size limits, cil on present participation in the fish- closures, effort limitations, access lim- ery; historical fishing practices in, and itations, or other measures. dependence on, the fishery; economics (3) The Council may recommend of the fishery; capability of fishing ves- management action by either the state/ sels used in the fishery to engage in territorial governments or by Federal other fisheries; cultural and social regulation. framework relevant to the fishery; and (c) Federal management action. (1) If any other relevant considerations. the Council believes that management action should be considered, it will (ii) Public hearings must be held spe- make specific recommendations to the cifically addressing the limited access Regional Administrator after request- proposals. ing and considering the views of its (iii) A specific advisory subpanel of Scientific and Statistical Committee persons experienced in the fishing in- and Bottomfish Advisory Panel and ob- dustry will be created to advise the taining public comments at a public Council and the Regional Adminis- hearing. trator on administrative decisions. (2) The Regional Administrator will (iv) The Council’s recommendation consider the Council’s recommendation to the Regional Administrator must be and accompanying data, and, if he or approved by a two-thirds majority of she concurs with the Council’s rec- the voting members. ommendation, will propose regulations (e) Five-year review. The Council will to carry out the action. If the Regional conduct a comprehensive review on the Administrator rejects the Council’s effectiveness of the Mau Zone limited proposed action, a written explanation access program 5 years following im- for the denial will be provided to the plementation of the program. The Council within 2 weeks of the decision. Council will consider the extent to (3) The Council may appeal denial by writing to the Assistant Adminis- which the FMP objectives have been trator, who must respond in writing met and verify that the target number within 30 days. of vessels established for the fishery is (4) The Regional Administrator and appropriate for current fishing activity the Assistant Administrator will make levels, catch rates, and biological con- their decisions in accord with the Mag- dition of the stocks. The Council may

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establish a new target number based on (b) The inner boundary of each fish- the 5-year review. ery management area is a line cotermi- nous with the seaward boundaries of [61 FR 34572, July 2, 1996, as amended at 64 FR 22814, Apr. 28, 1999] the State of Hawaii, the Territory of American Samoa, the Territory of § 665.68 Fishing moratorium on Han- Guam, the CNMI, and the PRIA. cock Seamount. (c) The outer boundary of each fish- Fishing for bottomfish and seamount ery management area is a line drawn in groundfish on the Hancock Seamount such a manner that each point on it is is prohibited through August 31, 2010. 200 nautical miles from the baseline from which the territorial sea is meas- [69 FR 51401, Aug. 19, 2004] ured, or is coterminous with adjacent § 665.69 Management subareas. international maritime boundaries. The boundary between the fishery (a) The bottomfish fishery manage- management areas of Guam and the ment area is divided into eight sub- CNMI extends to those points which areas with the following designations are equidistant between Guam and the and boundaries: island of Rota in the CNMI. (1) Main Hawaiian Islands means the EEZ of the Hawaiian Islands Archi- [61 FR 34572, July 2, 1996. Redesignated at 71 pelago lying to the east of 161°20′ W. FR 17989, Apr. 10, 2006, as amended by 71 FR long. 53607, Sept. 12, 2006] (2) Northwestern Hawaiian Islands (NWHI) means the EEZ of the Hawaiian § 665.70 Bottomfish fishery area man- agement. Islands Archipelago lying to the west of 161°20′ W. long. However, for the pur- (a) Large vessel bottomfish prohibited poses of regulations issued under this area. A large vessel of the United subpart, Midway Island is treated as States may not be used to fish for part of the Northwestern Hawaiian Is- bottomfish management unit species in lands Subarea. any large vessel bottomfish prohibited (i) Ho’omalu Zone means that por- area as defined in paragraph (b) of this tion of the EEZ around the NWHI west section. of 165° W. long. (b) Guam large vessel bottomfish prohib- (ii) Mau Zone means that portion of ited area (Area GU–1). The large vessel the EEZ around the NWHI between bottomfish prohibited area around 161°20′ W. long. and 165° W. long. Guam means the waters of the US EEZ (3) Hancock Seamount means that surrounding Guam that are enclosed by portion of the EEZ in the Northwestern straight lines connecting the following Hawaiian Islands west of 180°00′ W. coordinates in the order listed: long. and north of 28°00′ N. lat. (4) Guam means the EEZ seaward of Point N. lat. E. long. the Territory of Guam. GU–1–A 14°16′ 144°17′ (5) American Samoa means the EEZ GU–1–B 13° 50′ 143° 52′ seaward of the Territory of American GU–1–C 13° 17′ 143° 46′ Samoa. GU–1–D 12° 50′ 143° 54′ GU–1–E 12° 30′ 144° 14′ (6) CNMI Inshore Area means that GU–1–F 12° 25′ 144° 51′ portion of the EEZ shoreward of 3 nau- GU–1–G 12° 57′ 145° 33′ tical miles of the shoreline of the GU–1–H 13° 12′ 145° 43′ CNMI. GU–1–I 13° 29′ 44″ 145° 48′ 27″ (7) CNMI Offshore Area means that GU–1–A 14° 16′ 144° 17′ portion of the EEZ seaward of 3 nau- tical miles from the shoreline of the [71 FR 64477, Nov. 2, 2006] CNMI. (8) Pacific Remote Island Areas § 665.71 Hawaii restricted bottomfish means that portion of the EEZ seaward species. of the Pacific Remote Island Areas, Hawaii restricted bottomfish species with the exception of Midway Atoll. means the following species:

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Common Common Name Name Scientific Name

Silver jaw jobfish ...... Lehi Aphareus rutilans Squirrelfish snapper ...... Ehu Etelis carbunculus Longtail snapper ...... Onaga Etelis coruscans Pink snapper ...... Opakapaka Pristipomoides filamentosus Snapper ...... Kalekale Pristipomoides sieboldii Snapper ...... Gindai Pristipomoides zonatus Sea bass ...... Hapu’upu’u Epinephelus quernus

[73 FR 18459, Apr. 4, 2008] Zone, or PRIA bottomfish fishing per- mits and conducted in compliance with § 665.72 Total Allowable Catch (TAC) all other laws and regulations, is ex- limit. empted from this section. (a) TAC limits will be set annually for the fishing year by NMFS, as rec- [73 FR 18459, Apr. 4, 2008] ommended by the Council, based on the best available scientific, commercial, § 665.73 Non-commercial bag limits. and other information, and taking into No more than a total of five fish (all account the associated risk of over- species combined) identified as Hawaii fishing. Restricted Bottomfish Species as speci- (b) The Regional Administrator shall fied in § 665.71, may be harvested, pos- publish a notice indicating the annual sessed, or landed by any individual par- Total Allowable Catch limit in the ticipating in a non-commercial vessel- FEDERAL REGISTER by August 31 of based fishing trip in the Main Hawaiian each year, and shall use other means to Islands Management Subarea. Charter notify permit holders of the TAC limit boat customers are also subject to the for the year. bag limit. (c) When the TAC limit specified in this section is projected to be reached [73 FR 18460, Apr. 4, 2008] based on analyses of available informa- tion, the Regional Administrator shall § 665.75 Closed season. publish a notice to that effect in the (a) All fishing for, or possession of, FEDERAL REGISTER and shall use other any Hawaii Restricted Bottomfish Spe- means to notify permit holders. The cies as specified in § 665.71, is prohibited notice will include an advisement that in the Main Hawaiian Islands Manage- the fishery will be closed beginning at ment Subarea during September 1, 2008, a specified date, which is not earlier through November 14, 2008, inclusive. than 14 days after the date of filing the All such species possessed in the Main closure notice for public inspection at Hawaiian Islands Management Subarea the Office of the Federal Register, are presumed to have been taken and until the end of the fishing year in retained from that Subarea, unless oth- which the TAC is reached. erwise demonstrated by the person in (d) On and after the date specified in possession of those species. § 665.72(c), no person may fish for or possess any Hawaii Restricted (b) Hawaii Restricted Bottomfish Bottomfish Species as specified in Species, as specified in § 665.71, may not § 665.71 in the Main Hawaiian Islands be sold or offered for sale during Sep- Management Subarea, except as other- tember 1, 2008, through November 14, wise allowed by law. 2008, inclusive, except as otherwise au- (e) On and after the date specified in thorized by law. § 665.72(c), no person may sell or offer (c) Fishing for, and the resultant pos- for sale Hawaii Restricted Bottomfish session or sale of, Hawaii Restricted Species as specified in § 665.71, except as Bottomfish Species by vessels legally otherwise authorized by law. registered to Mau Zone, Ho’omalu (f) Fishing for, and the resultant pos- Zone, or PRIA bottomfish fishing per- session or sale of, Hawaii Restricted mits and conducted in compliance with Bottomfish Species by vessels legally all other laws and regulations, is ex- registered to Mau Zone, Ho omalu empted from paragraphs (a) and (b).

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EFFECTIVE DATE NOTE: At 73 FR 50573, Aug. (3) In a bed for which the quota speci- 27, 2008, § 665.75 was added, effective Aug. 22, fied in § 665.84 has been attained. 2008 through Nov. 14, 2008. (4) In violation of any permit issued under § 665.13 or § 665.17. Subpart F—Precious Corals (5) In a bed that has been closed pur- Fisheries suant to §§ 665.85 or 665.90. (c) Take and retain, possess, or land SOURCE: 61 FR 34572, July 2, 1996, unless any live pink coral or live black coral otherwise noted. Redesignated at 71 FR 17989, from any precious coral permit area Apr. 10, 2006. that is less than the minimum height specified in § 665.86 unless: § 665.81 Permits. (1) A valid EFP was issued under (a) Any vessel of the United States § 665.17 for the vessel and the vessel was fishing for, taking, or retaining pre- operating under the terms of the per- cious coral in any precious coral per- mit; or mit area must have a permit issued (2) The coral originated outside coral under § 665.13. beds listed in this paragraph, and this (b) Each permit will be valid for fish- can be demonstrated through receipts ing only in the permit area specified on of purchase, invoices, or other docu- the permit. Precious Coral Permit mentation. Areas are defined in § 665.12. [61 FR 34572, July 2, 1996, as amended at 67 (c) No more than one permit will be FR 11945, Mar. 18, 2002; 73 FR 47099, Aug. 13, valid for any one vessel at any one 2008] time. (d) No more than one permit will be § 665.83 Seasons. valid for any one person at any one The fishing year for precious corals time. begins on July 1 and ends on June 30 (e) The holder of a valid permit to the following year, except at the fish one permit area may obtain a per- Makapu’u and Au’au Channel Beds, mit to fish another permit area only which have a two-year fishing period upon surrendering to the Regional Ad- that begins July 1 and ends June 30, ministrator any current permit for the two years later. precious corals fishery issued under [73 FR 47100, Aug. 13, 2008] § 665.13. (f) General requirements governing § 665.84 Quotas. application information, issuance, fees, (a) General. The quotas limiting the expiration, replacement, transfer, al- amount of precious coral that may be teration, display, sanctions, and ap- taken in any precious coral permit peals for permits for the precious cor- area during the fishing year are listed als fishery are contained in § 665.13. in Table 1 of this part. Only live coral is counted toward the quota. The ac- § 665.82 Prohibitions. counting period for all quotas begins In addition to the general prohibi- July 1, 1983. tions specified in § 600.725 of this chap- (b) Conditional bed closure. A condi- ter and in § 665.15, it is unlawful for any tional bed will be closed to all non- person to: selective coral harvesting after the (a) Use any vessel to fish for, take, quota for one species of coral has been retain, possess or land precious coral in taken. any precious coral permit area, unless (c) Reserves and reserve release. The a permit has been issued for that vessel quotas for exploratory areas will be and area as specified in § 665.13 and that held in reserve for harvest by vessels of permit is on board the vessel. the United States in the following (b) Fish for, take, or retain any spe- manner: cies of precious coral in any precious (1) At the start of the fishing year, coral permit area: the reserve for each of the three explor- (1) By means of gear or methods pro- atory areas will equal the quota minus hibited by § 665.88. the estimated domestic annual harvest (2) In refugia specified in § 665.12. for that year.

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(2) As soon as practicable after De- cm), or a minimum height of 48 inches cember 31 each year, the Regional Ad- (122 cm). ministrator will determine the amount [67 FR 11945, Mar. 18, 2002, as amended at 70 harvested by vessels of the United FR 29657, May 24, 2005; 72 FR 58261, Oct. 15, States between July 1 and December 31 2007] of that year. (3) NMFS will release to TALFF an § 665.87 Area restrictions. amount of precious coral for each ex- Fishing for coral on the WestPac Bed ploratory area equal to the quota is not allowed. The specific area closed minus two times the amount harvested to fishing is all waters within a 2-nm by vessels of the United States in that radius of the midpoint of 23°18.0′ N. lat., July 1 through December 31 period. 162°35.0′ W. long. (4) NMFS will publish in the FEDERAL REGISTER a notification of the Re- § 665.88 Gear restrictions. gional Administrator’s determination Only selective gear may be used to and a summary of the information on harvest coral from any precious coral which it is based as soon as practicable permit area. after the determination is made. [67 FR 11945, Mar. 18, 2002] § 665.85 Closures. § 665.89 Framework procedures. (a) If the Regional Administrator de- termines that the harvest quota for (a) Introduction. Established manage- any coral bed will be reached prior to ment measures may be revised and new the end of the fishing year, or the end management measures may be estab- of the 2-year fishing period at lished and/or revised through rule- Makapu’u Bed or Au’au Channel Bed, making if new information dem- NMFS shall publish a notice to that ef- onstrates that there are biological, so- fect in the FEDERAL REGISTER and shall cial, or economic concerns in a pre- use other means to notify permit hold- cious coral permit area. The following ers. Any such notice must indicate the framework process authorizes the im- reason for the closure, the bed being plementation of measures that may af- closed, and the effective date of the fect the operation of the fisheries, gear, closure. quotas, season, or levels of catch and/or (b) A closure is also effective for a in effort. permit holder upon the permit holder’s (b) Annual report. By June 30 of each actual harvest of the applicable quota. year, the Council-appointed Precious Coral Team will prepare an annual re- [61 FR 34572, July 2, 1996. Redesignated at 71 port on the fisheries in the manage- FR 17989, Apr. 10, 2006., as amended at 73 FR ment area. The report will contain, 47100, Aug. 13, 2008] among other things, recommendations for Council action and an assessment of § 665.86 Size restrictions. the urgency and effects of such ac- The height of a live coral specimen tion(s). shall be determined by a straight line (c) Procedure for established measures. measurement taken from its base to its (1) Established measures are manage- most distal extremity. The stem di- ment measures that, at some time, ameter of a living coral specimen shall have been included in regulations im- be determined by measuring the great- plementing the FMP, and for which the est diameter of the stem at a point no impacts have been evaluated in Coun- less than 1 inch (2.54 cm) from the top cil/NMFS documents in the context of surface of the living holdfast. current conditions. (a) Live pink coral harvested from (2) According to the framework pro- any precious coral permit area must cedures of Amendment 3 to the FMP, have attained a minimum height of 10 the Council may recommend to the Re- inches (25.4 cm). gional Administrator that established (b) Black coral. Live black coral har- measures be modified, removed, or re- vested from any precious coral permit instituted. Such recommendation will area must have attained either a min- include supporting rationale and anal- imum stem diameter of 1 inch (2.54 ysis and will be made after advance

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public notice, public discussion, and latory area, fishing authorized under consideration of public comment. this subpart is not allowed within the NMFS may implement the Council’s boundary of a National Wildlife Refuge recommendation by rulemaking if ap- unless specifically authorized by the proved by the Regional Administrator. USFWS, regardless of whether that ref- (d) Procedure for new measures. (1) uge was established by action of the New measures are management meas- President or the Secretary of the Inte- ures that have not been included in rior. regulations implementing the FMP, or for which the impacts have not been § 665.602 Permits and fees. evaluated in Council/NMFS documents (a) Applicability. Unless otherwise in the context of current conditions. specified in this subpart, § 665.13 applies (2) Following the framework proce- to coral reef ecosystem permits. dures of Amendment 3 to the FMP, the (1) Special permit. Any person of the Council will publicize, including by a United States fishing for, taking or re- FEDERAL REGISTER document, and so- taining coral reef ecosystem MUS must licit public comment on, any proposed have a special permit if they, or a ves- new management measure. After a sel which they operate, is used to fish Council meeting at which the measure for any: is discussed, the Council will consider (i) Coral reef ecosystem MUS in low- recommendations and prepare a FED- use MPAs as defined in § 665.18; ERAL REGISTER document summarizing the Council’s deliberations, rationale, (ii) Potentially Harvested Coral Reef and analysis for the preferred action Taxa in the coral reef ecosystem regu- and the time and place for any subse- latory area; or quent Council meeting(s) to consider (iii) Coral reef ecosystem MUS in the the new measure. At a subsequent pub- coral reef ecosystem regulatory area lic meeting, the Council will consider with any gear not specifically allowed public comments and other informa- in this subpart. tion received before making a rec- (2) Transshipment permit. A receiving ommendation to the Regional Adminis- vessel must be registered for use with a trator about any new measure. If ap- transshipment permit if that vessel is proved by the Regional Administrator, used in the coral reef ecosystem regu- NMFS may implement the Council’s latory area to land or tranship PHCRT, recommendation by rulemaking. or any coral reef ecosystem MUS har- vested within low-use MPAs. [63 FR 55810, Oct. 19, 1998] (3) Exceptions. The following persons § 665.90 Gold coral harvest morato- are not required to have a permit under rium. this section: Fishing for, taking, or retaining any (i) Any person issued a permit to fish gold coral in any precious coral permit under the Bottomfish and Seamount area is prohibited through June 30, Groundfish FMP, Pelagics FMP, Crus- 2013. taceans FMP or Precious Corals FMP who incidentally catches coral reef [73 FR 47100, Aug. 13, 2008] ecosystem MUS while fishing for bottomfish management unit species, Subpart G—Western Pacific Coral crustaceans management unit species, Reef Ecosystem Fisheries Pacific pelagic management unit spe- cies, precious coral, or seamount groundfish. SOURCE: 69 FR 8343, Feb. 24, 2004, unless otherwise noted. Redesignated at 71 FR 17989, (ii) Any person fishing for CHCRT Apr. 10, 2006. outside of an MPA, who does not retain any incidentally caught PHCRT; and § 665.601 Relation to other laws. (iii) Any person collecting marine or- To ensure consistency between the ganisms for scientific research as de- management regimes of different Fed- scribed in § 600.745 of this chapter. eral agencies with shared management (b) Validity. Each permit will be valid responsibilities of fishery resources for fishing only in the fishery manage- within the Coral reef ecosystem regu- ment subarea specified on the permit.

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(c) General requirements. General re- tions for approval or disapproval of the quirements governing application in- application based on: formation, issuance, fees, expiration, (A) Information provided by the ap- replacement, transfer, alteration, dis- plicant, play, sanctions, and appeals for per- (B) The current domestic annual har- mits are contained in § 665.13. vesting and processing capacity of the (d) Special permit. The Regional Ad- directed and incidental species for ministrator shall issue a special permit which a special permit is being re- in accordance with the criteria and quested, procedures specified in this section. (C) The current status of resources to (1) Application. An applicant for a be harvested in relation to the over- special or transshipment permit issued fishing definition in the FMP, under this section must complete and (D) Estimated ecosystem, habitat, submit to the Regional Administrator, and protected species impacts of the a Special Coral Reef Ecosystem Fish- proposed activity, and ing Permit Application Form issued by (E) Other biological and ecological NMFS. Information in the application information relevant to the proposal. form must include, but is not limited The applicant will be provided with an to a statement describing the objec- opportunity to appear in support of the tives of the fishing activity for which a application. special permit is needed, including a (iii) Following a review of the Coun- general description of the expected dis- cil’s recommendation and supporting position of the resources harvested rationale, the Regional Administrator under the permit (i.e., stored live, may: fresh, frozen, preserved; sold for food, (A) Concur with the Council’s rec- ornamental, research, or other use, and ommendation and, after finding that it a description of the planned fishing op- is consistent with the goals and objec- eration, including location of fishing tives of the FMP, the national stand- and gear operation, amount and species ards, the Endangered Species Act, and (directed and incidental) expected to be other applicable laws, approve or deny harvested and estimated habitat and a special permit; or protected species impacts). (B) Reject the Council’s rec- (2) Incomplete applications. The Re- ommendation, in which case, written gional Administrator may request from reasons will be provided by the Re- an applicant additional information gional Administrator to the Council for necessary to make the determinations the rejection. required under this section. An appli- (iv) If the Regional Administrator cant will be notified of an incomplete does not receive a recommendation application within 10 working days of from the Council within 60 days of receipt of the application. An incom- Council receipt of the permit applica- plete application will not be considered tion, the Regional Administrator can until corrected in writing. make a determination of approval or (3) Issuance. (i) If an application con- denial independently. tains all of the required information, (v) Within 30 working days after the the Regional Administrator will for- consultation in paragraph (d)(3)(ii) of ward copies of the application within 30 this section, or as soon as practicable days to the Council, the U.S. Coast thereafter, NMFS will notify the appli- Guard, the fishery management agency cant in writing of the decision to grant of the affected state, and other inter- or deny the special permit and, if de- ested parties who have identified them- nied, the reasons for the denial. selves to the Council, and the USFWS. Grounds for denial of a special permit (ii) Within 60 days following receipt include the following: of a complete application, the Regional (A) The applicant has failed to dis- Administrator will consult with the close material information required, or Council through its Executive Direc- has made false statements as to any tor, USFWS, and the Director of the af- material fact, in connection with his or fected state fishery management agen- her application. cy concerning the permit application (B) According to the best scientific and will receive their recommenda- information available, the directed or

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incidental catch in the season or loca- fore, and must be submitted within 30 tion specified under the permit would days of the original action(s) by the detrimentally affect any coral reef re- Regional Administrator. The appellant source or coral reef ecosystem in a sig- may request an informal hearing on nificant way, including, but not lim- the appeal. ited to issues related to, spawning (ii) Upon receipt of an appeal author- grounds or seasons, protected species ized by this section, the Regional Ad- interactions, EFH, and habitat areas of ministrator will notify the permit ap- particular concern (HAPC). plicant, or permit holder as appro- (C) Issuance of the special permit priate, and will request such additional would inequitably allocate fishing information and in such form as will privileges among domestic fishermen allow action upon the appeal. Upon re- or would have economic allocation as ceipt of sufficient information, the Re- its sole purpose. gional Administrator will rule on the (D) The method or amount of harvest appeal in accordance with the permit in the season and/or location stated on eligibility criteria set forth in this sec- the permit is considered inappropriate tion and the FMP, as appropriate, based on previous human or natural based upon information relative to the impacts in the given area. application on file at NMFS and the (E) NMFS has determined that the Council and any additional informa- maximum number of permits for a tion, the summary record kept of any given area in a given season has been hearing and the hearing officer’s rec- reached and allocating additional per- ommended decision, if any, and such mits in the same area would be detri- other considerations as deemed appro- mental to the resource. priate. The Regional Administrator (F) The activity proposed under the will notify all interested persons of the special permit would create a signifi- decision, and the reasons therefor, in cant enforcement problem. writing, normally within 30 days of the (vi) The Regional Administrator may receipt of sufficient information, un- attach conditions to the special per- less additional time is needed for a mit, if it is granted, consistent with hearing. the management objectives of the (iii) If a hearing is requested, or if FMP, including but not limited to: the Regional Administrator determines (A) The maximum amount of each re- that one is appropriate, the Regional source that can be harvested and land- Administrator may grant an informal ed during the term of the special per- hearing before a hearing officer des- mit, including trip limits, where appro- ignated for that purpose after first giv- priate. ing notice of the time, place, and sub- (B) The times and places where fish- ject matter of the hearing in the FED- ing may be conducted. ERAL REGISTER. Such a hearing shall (C) The type, size, and amount of normally be held no later than 30 days gear which may be used by each vessel following publication of the notice in operated under the special permit. the FEDERAL REGISTER, unless the (D) Data reporting requirements. hearing officer extends the time for (E) Such other conditions as may be reasons deemed equitable. The appel- necessary to ensure compliance with lant, the applicant (if different), and, the purposes of the special permit con- at the discretion of the hearing officer, sistent with the objectives of the FMP. other interested parties, may appear (4) Appeals of permit actions. (i) Except personally or be represented by counsel as provided in subpart D of 15 CFR part at the hearing and submit information 904, any applicant for a permit or a per- and present arguments as determined mit holder may appeal the granting, appropriate by the hearing officer. denial, conditioning, or suspension of Within 30 days of the last day of the their permit or a permit affecting their hearing, the hearing officer shall rec- interests to the Regional Adminis- ommend in writing a decision to the trator. In order to be considered by the Regional Administrator. Regional Administrator, such appeal (iv) The Regional Administrator may must be in writing, must state the ac- adopt the hearing officer’s rec- tion(s) appealed, and the reasons there- ommended decision, in whole or in

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part, or may reject or modify it. In any § 665.604 Notifications. event, the Regional Administrator will Any special permit holder subject to notify interested persons of the deci- the requirements of this subpart must sion, and the reason(s) therefore, in contact the appropriate NMFS enforce- writing, within 30 days of receipt of the ment agent in American Samoa, Guam, hearing officer’s recommended deci- or Hawaii at least 24 hours before land- sion. The Regional Administrator’s ac- ing any coral reef ecosystem MUS unit tion constitutes final action for the species harvested under a special per- agency for the purposes of the Admin- mit, and report the port and the ap- istrative Procedure Act. proximate date and time at which the (5) Any time limit prescribed in this catch will be landed. section may be extended for good cause, for a period not to exceed 30 § 665.605 Allowable gear and gear re- days by the Regional Administrator, strictions. either upon his or her own motion or (a) Coral reef ecosystem MUS may be upon written request from the Council, taken only with the following allow- appellant or applicant stating the rea- able gear and methods: son(s) therefore. (1) Hand harvest; (2) Spear; § 665.603 Prohibitions. (3) Slurp gun; In addition to the general prohibi- (4) Hand net/dip net; tions specified in § 600.725 of this chap- (5) Hoop net for Kona crab; ter and § 665.15 of this part, it is unlaw- (6) Throw net; ful for any person to do any of the fol- (7) Barrier net; lowing: (8) Surround/purse net that is at- (a) Fish for, take, retain, possess or tended at all times; land any coral reef ecosystem MUS in (9) Hook-and-line (includes handline any low-use MPA as defined in (powered or not)), rod-and-reel, and § 665.18(c)(1) and (c)(2) unless: trolling); (1) A valid permit has been issued for (10) Crab and fish traps with vessel ID the hand harvester or the fishing vessel number affixed; and operator that specifies the applicable (11) Remote-operating vehicles/ area of harvest; submersibles. (b) Coral reef ecosystem MUS may (2) A permit is not required, as out- not be taken by means of poisons, ex- lined in § 600.602 of this chapter; plosives, or intoxicating substances. (3) The coral reef ecosystem MUS Possession or use of these materials by possessed on board the vessel origi- any permit holder under this subpart nated outside the regulatory area and who is established to be fishing for this can be demonstrated through re- coral reef ecosystem MUS in the regu- ceipts of purchase, invoices, fishing latory area is prohibited. logbooks or other documentation. (c) Coral reef ecosystem MUS may (b) Fish for, take, or retain any coral not be taken by means of spearfishing reef ecosystem MUS species: with SCUBA at night (from 6 p.m. to 6 (1) That is determined overfished a.m.) in the U.S. EEZ waters around with subsequent rulemaking by the Re- Howland Island, Baker Island, Jarvis gional Administrator. Island, Wake Island, Kingman Reef, (2) By means of gear or methods pro- Johnston Atoll and Palmyra Atoll. hibited under § 665.604. (d) Existing FMP fisheries shall fol- (3) In a low-use MPA without a valid low the allowable gear and methods special permit. outlined in their respective plans. (4) In violation of any permit issued (e) Any person who intends to fish under § 665.13 or § 665.601. with new gear not included in § 665.604 (c) Fish for, take, or retain any wild must describe the new gear and its live rock or live hard coral except method of deployment in the special under a valid special permit for sci- permit application. A decision on the entific research, aquaculture seed permissibility of this gear type will be stock collection or traditional and cer- made by the Regional Administrator emonial purposes by indigenous people. after consultation with the Council and

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the director of the affected state fish- ited to catch limits, resource size lim- ery management agency. its, closures, effort limitations, report- ing and recordkeeping requirements; § 665.606 Gear identification. (2) Following the framework proce- (a) The vessel number must be affixed dures of the FMP, the Regional Admin- to all fish and crab traps on board the istrator will publicize, including by vessel or deployed in the water by any FEDERAL REGISTER notice, and solicit vessel or person holding a permit under public comment on, any proposed new § 665.13 or § 665.601 or that is otherwise management measure. After a Council established to be fishing for coral reef meeting at which the measure is dis- ecosystem MUS in the regulatory area. cussed, the Council will consider rec- (b) Enforcement action. (1) Traps not ommendations and prepare a document marked in compliance with paragraph summarizing the Council’s delibera- (a) of this section and found deployed tions, rationale, and analysis for the in the coral reef ecosystem regulatory preferred action, and the time and area will be considered unclaimed or place for any subsequent Council meet- abandoned property, and may be dis- ing(s) to consider the new measure. At posed of in any manner considered ap- propriate by NMFS or an authorized of- subsequent public meeting(s), the ficer; Council will consider public comments (2) Unattended surround nets or bait and other information received to seine nets found deployed in the coral make a recommendation to the Re- reef ecosystem regulatory area will be gional Administrator about any new considered unclaimed or abandoned measure. NMFS may implement the property, and may be disposed of in Council’s recommendation by rule any manner considered appropriate by making if approved by the Regional NMFS or an authorized officer. Administrator. (i) The Regional Administrator will § 665.607 Framework for regulatory consider the Council’s recommendation adjustments. and supporting rationale and analysis, (a) Procedure for established measures. and, if the Regional Administrator con- (1) Established measures are manage- curs with the Council’s recommenda- ment measures that, at some time, tion, will propose regulations to carry have been included in regulations im- out the action. If the Regional Admin- plementing the FMP, or for which the istrator rejects the Council’s proposed impacts have been evaluated in Coun- action, the Regional Administrator cil/NMFS documents in the context of will provide a written explanation for current conditions; the denial within 2 weeks of the deci- (2) Following framework procedures sion. of the CREFMP, the Council may rec- (ii) The Council may appeal denial by ommend to the Regional Administrator writing to the Assistant Adminis- that established measures be modified, trator, who must respond in writing removed, or re-instituted. Such rec- within 30 days. ommendation shall include supporting rationale and analysis, and shall be (iii) The Regional Administrator and made after advance public notice, pub- the Assistant Administrator will make lic discussion and consideration of pub- their decisions in accordance with the lic comment. NMFS may implement Magnuson-Stevens Act, other applica- the Council’s recommendation by rule- ble laws, and the CREFMP. making if approved by the Regional (iv) To minimize conflicts between Administrator. the Federal and state/territorial/com- (b) Procedure for new measures. (1) monwealth management systems, the New measures are management meas- Council will use the procedures in para- ures that have not been included in graph (a)(2) in this section to respond regulations implementing the FMP, or to state/territorial/commonwealth for which the impacts have not been management actions. The Council’s evaluated in Council/NMFS documents consideration of action would normally in the context of current conditions. begin with a representative of the New measures include but are not lim- state, territorial or commonwealth

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government bringing a potential or ac- (b) Recommendation for Council action. tual management conflict or need to (1) The Council will evaluate the an- the Council’s attention. nual report and advisory body rec- ommendations and may recommend § 665.608 Regulatory area. management action by either the state/ (a) The regulations in this subpart territorial/commonwealth governments govern fishing for coral reef ecosystem or by Federal regulation; management unit species by vessels of (2) If the Council believes that man- the United States or persons who oper- agement action should be considered, it ate or are based inside the outer bound- will make specific recommendations to ary of the U.S. EEZ off: the Regional Administrator after con- (1) The Hawaiian Islands Archipelago sidering the views of its advisory bod- lying to the east of 160°50′ W. long. ies. (2) Guam. TABLE 1 TO PART 665—PRECIOUS CORAL (3) American Samoa. QUOTAS (4) Offshore area of the CNMI or that portion of the U.S. EEZ around the Type of Name of coral Harvest quota Num- CNMI between three nautical miles off- ber of coral bed bed in kilograms years shore and the outer boundary of the U.S. EEZ. Established Au’au Channel Black: 5,000 2 (5) Baker Island, Howland Island, Beds Jarvis Island, Wake Island, Johnston Makapu’u Pink: 2,000 2 Atoll, Palmyra Atoll and Kingman Reef. Gold: 0 (zero) -- (b) The inner boundary of the regu- Bamboo: 500 2 latory area is as follows: (1) The shoreline of Baker Island, Conditional 180 Fathom Bank Pink: 222 1 Beds Howland Island, Jarvis Island, Wake Is- land, Johnston Atoll, Palmyra Atoll Gold: 67 1 and Kingman Reef. Bamboo: 56 1 (2) The seaward boundaries of the State of Hawaii, the Territory of Brooks Bank Pink: 17 1 Guam, the Territory of American Gold: 133 1 Samoa; and (3) A line three nautical miles sea- Bamboo: 111 1 ward from the shoreline of the CNMI. Kaena Point Pink: 67 1 (c) The outer boundary of the regu- latory area is the outer boundary of Gold: 20 1 the U.S. EEZ or adjacent international Bamboo: 17 1 maritime boundaries. The CNMI and Guam regulatory area is divided by a Keahole Point Pink: 67 1 ° line intersecting these two points: 148 Gold: 20 1 E. long., 12° N. lat., and 142° E. long., 16° N. lat. Bamboo: 17 1

§ 665.609 Annual reports Refugia Westpac All: 0 (zero) -- (a) Annual reports. By July 31 of each Exploratory Hawaii, American 1,000 per area 1 Areas Samoa, Guam, (all species year, a Council-appointed coral reef CNMI, U.S. Pa- combined ex- ecosystem plan team will prepare an cific Remote Is- cept black cor- annual report on coral reef fisheries of land Areas als) the western Pacific region. The report Notes: will contain, among other things, fish- 1. No fishing for coral is authorized in refugia. 2. A moratorium on gold coral harvesting is in effect through ery performance data, summaries of June 30, 2013. new information and assessments of need for Council action. [73 FR 47100, Aug. 13, 2008]

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TABLE 2 TO PART 665—CURRENTLY HARVESTED CORAL REEF TAXA

Family name 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) Blackstreak surgeonfish (Acanthurus nigricauda) Whitecheek surgeonfish (Acanthurus nigricans) White-spotted surgeonfish (Acanthurus guttatus) Ringtail surgeonfish (Acanthurus blochii) Brown surgeonfish (Acanthurus nigrofuscus) Elongate surgeonfish (Acanthurus mata) Mimic surgeonfish (Acanthurus pyroferus) Yellow-eyed surgeonfish (Ctenochaetus strigousus) Striped bristletooth (Ctenochaetus striatus) Twospot bristletooth (Ctenochaetus binotatus Bluespine unicornfish (Naso unicornus) 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) Barred unicornfish (Naso thynnoides) Gray unicornfish (Naso caesius) Balistidae (Triggerfishes) ...... Titan triggerfish (Balistoides viridescens) Clown triggerfish (Balistoides conspicillum) Orangstriped triggerfish (Balistapus undulatus) Pinktail triggerfish (Melichthys vidua) Black triggerfish (Melichtys niger) Blue Triggerfish (Pseudobalistesfucus fucus) Picassofish (Rhinecanthus aculeatus) Wedged Picassofish (Balistoides rectangulus) Bridled triggerfish (Sufflamen fraenatus) Carangidae (Jacks) ...... Bigeye scad (Selar crumenophthalmus) Mackerel scad (Decapterus macarellus) Carcharhinidae (Sharks) ...... Grey reef shark (Carcharhinus amblyrhynchos) Silvertip shark (Carcharhinus albimarginatus) Galapagos shark (Carcharhinus galapagenis) Blacktip reef shark (Carcharhinus melanopterus) Whitetip reef shark (Triaenodon obesus) Holocentridae (Soldierfish/Squirrelfish) ...... Bigscale soldierfish (Myripristis berndti) Bronze soldierfish (Myripristis adusta) Blotcheye soldierfish (Myripristis murdjan) Brick soldierfish (Myripristis amaena) Scarlet soldierfish (Myripristis pralinia) Violet soldierfish (Myripristis violacea) Whitetip soldierfish (Myripristis vittata) Yellowfin soldierfish (Myripristis chryseres) Pearly soldierfish (Myripristis kuntee) Double tooth squirrel fish (Myripristis hexagona) Tailspot squirrelfish (Sargocentron caudimaculatum) Blackspot squirrelfish (Sargocentron melanospilos) File-lined squirrelfish (Sargocentron microstoma) Pink squirrelfish (Sargocentron tieroides) Crown squirrelfish (Sargocentron diadema) Peppered squirrelfish (Sargocentron punctatissimum) Blue-lined squirrelfish (Sargocentron tiere) Hawaiian squirrelfish (Sargocentron xantherythrum) Squirrelfish (Sargocentron furcatum) Saber or Long jaw squirrelfish (Sargocentron spiniferum) Spotfin squirrelfish (Neoniphon spp.) Kuhliidae (Flag-tails) ...... Hawaiian flag-tail (Kuhlia sandvicensis) Barred flag-tail (Kuhlia mugil) Kyphosidae Rudderfish ...... Rudderfish (Kyphosus biggibus) Rudderfish (Kyphosus cinerascens) Rudderfish (Kyphosus vaigienses) Labridae (Wrasses) ...... Saddleback hogfish (Bodianus bilunulatus) Napoleon wrasse (Cheilinus undulatus) Triple-tail wrasse (Cheilinus trilobatus)

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Family name Common name (scientific name)

Floral wrasse (Cheilinus chlorourus) Harlequin tuskfish (Cheilinus fasciatus) Ring-tailed wrasse (Oxycheilinus unifasciatus) Bandcheek wrasse (Oxycheilinus diagrammus) Arenatus wrasse (Oxycheilinus arenatus) Razor wrasse (Xyricthys pavo) Whitepatch wrasse (Xyrichtes 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) Goldstripe wrasse(Halichoeres zeylonicus) 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.) Orange goatfish (Mulloidichthys pfleugeri) Yellowfin goatfish (Mulloidichthys vanicolensis) Yellowstripe goatfish (Mulloidichthys flaviolineatus) Banded goatfish (Parupeneus spp.) Dash-dot goatfish (Parupeneus barberinus) Doublebar goatfish (Parupeneus bifasciatus) Redspot goatfish (Parupeneus heptacanthus) White-lined goatfish (Parupeneus ciliatus) Yellowsaddle goatfish (Parupeneus cyclostomas) Side-spot goatfish (Parupeneus pleurostigma) Indian goatfish (Parupeneus indicus) Multi-barred goatfish (Parupeneus multifaciatus) Bantail goatfish (Upeneus arge) Mugilidae (Mullets) ...... Stripped mullet (Mugil cephalus) Engel’s mullet (Moolgarda engeli) False mullet (Neomyxus leuciscus) Fringelip mullet (Crenimugil crenilabis) Muraenidae (Moray ells) ...... Yellowmargin moray eel (Gymnothorax flavimarginatus) Giant moray eel (Gymnothorax javanicus) Undulated moray eel (Gymnothorax undulatus) Octopodidae ...... Octopus (Octopus cyanea; Octopus ornatus) Polynemidae ...... Threadfin (Polydactylus sexfilis) Pricanthidae (Bigeye) ...... Glasseye (Heteropriacanthus cruentatus) Bigeye (Priacanthus hamrur) Scaridae (Parrotfishes) ...... Humphead parrotfish (Bulbometapon muracatum) Parrotfish (Scarus spp.) Pacific longnose parrotfish (Hipposcarus longiceps) Stareye parrotfish (Catolomus carolinus) Scombridae ...... Dogtooth tuna (Gymnosarda unicolor) Siganidae (Rabbitfish) ...... Forktail rabbitfish (Siganus aregentus) Golden rabbitfish (Siganus guttatus) Gold-spot rabbitfish (Siganus punctatissimus) Randall’s rabbitfish (Siganus randalli) Scribbled rabbitfish (Siganus spinus) Vermiculate rabbitfish (Siganus vermiculatus) Sphyraenidae (Barracuda) ...... Heller’s barracuda (Sphyraena helleri) Great Barracuda (Sphyraena barracuda) Turbinidae (turban shells/green snails) ...... Green snails (Turbo spp.) Aquarium Taxa/Species ...... Acanthuridae Yellow tang (Zebrasoma flavescens) Yellow-eyed surgeon fish (Ctenochaetus strigosus) Achilles tang (Acanthurus achilles) Muraenidae Dragon eel (Enchelycore pardalis) Zanclidae Morrish idol (Zanclus cornutus) Pomacanthidae Angelfish (Centropyge shepardi, Centropyge flavissimus) Cirrhitidae Flame hawkfish (Neocirrhitus armatus) Chaetodontidae Butterflyfish (Chaetodon auriga, Chaetodon lunula, Chaetodon melannotus, Chaetodon ephippium) Pomacentridae

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Family name Common name (scientific name)

Damselfish (Chromis viridis, Dascyllus aruanus, Dascyllus trimaculatus) Sabellidae Featherduster worm

[69 FR 8346, Feb. 24, 2004]

TABLE 3 TO PART 665—POTENTIALLY HARVESTED CORAL REEF TAXA

Labridae spp. (wrasses) (Those species not listed in Ephippidae (batfish) Table 3). Carcharhinidae spp. Sphyrnidae spp. (Those species Monodactylidae (monos) not listed in Table 3). Dasyatididae, Myliobatidae, Mobulidae (rays) ...... Haemulidae (sweetlips) Serranidae spp. (groupers) (Those species not listed Echineididae (remoras) in Table 3 or are not bottomfish management unit species). Carangidae (jacks/trevallies) (Those species not listed Malacanthidae (tilefish) in Table 3 or are not bottomfish management unit species). Acanthoclinidae (spiny basslets) Holocentridae spp. (soldierfish/squirrelfish) (Those Pseudochromidae (dottybacks) species not listed in Table 3). Mullidae spp. (goatfish) (Those species not listed in Plesiopidae (prettyfins) Table 3). Acanthuridae spp. (surgeonfish/unicornfish) (Those Tetrarogidae (waspfish) species not listed in Table 3). Lethrinidae spp. (emperor fish) (Those species not list- Caracanthidae (coral crouchers) ed in Table 3 or are not bottomfish management unit species). Chlopsidae, Congridae, Moringuidae, Ophichthidae Grammistidae (soapfish) (eels) Muraenidae (morays eels) (Those species not listed in Table 3). Apogonidae (cardinalfish) ...... Aulostomus chinensis (trumpetfish) Zanclidae spp. (moorish idols) (Those species not list- Fistularia commersoni (coronetfish) ed in Table 3). Chaetodontidae spp. (butterflyfish) (Those species not Anomalopidae (flashlightfish) listed in Table 3). Pomacanthidae spp. (angelfish) (Those species not Clupeidae (herrings) listed in Table 3). Pomacentridae spp. (damselfish) (Those species not Engraulidae (anchovies) listed in Table 3). Scorpaenidae (scorpionfish) ...... Gobiidae (gobies) Blenniidae (blennies) ...... Lutjanidae (snappers) (Those species that are not listed in Table 3 or are not bottomfish management unit species) Sphyraenidae spp. (barracudas) (Those species not Ballistidae/Monocanthidae spp. (Those species not listed in Table 3). listed in Table 3) Pinguipedidae (sandperches) ...... Siganidae spp. (rabbit fish) (Those species not listed in Table 3) Gymnosarda unicolor ...... Kyphosidae spp. (rudderfish) (Those species not list- ed in Table 3) Bothidae/Soleidae/Pleurnectidae (flounder/sole) ...... Caesionidae (fusiliers) Ostraciidae (trunkfish) ...... Cirrhitidae (hawkfish) (Those species not listed in Table 3 Tetradontidae/Diodontidae (puffer/porcupinefish) ...... Antennariidae (frogfishes) Syngnathidae (pipefishes/seahorses) Stony corals ...... Echinoderms (e.g., sea cucumbers, sea urchins) Heliopora (blue corals) ...... Mollusca (Those species not listed in Table 3) Tubipora (organpipe corals) ...... Sea Snails (gastropods) (Those species not listed in Table 3) Azooxanthellates (ahermatypic corals) ...... Trochus spp. Fungiidae (mushroom corals) ...... Opistobranchs (sea slugs) Small and large polyp corals ...... Pinctada margaritifera (black lipped pearl oyster) Millepora (firecorals) ...... Tridacnidae (giant clams)

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Soft corals and Gorgonians ...... Other Bivalves (other clams) Actinaria (anemones) ...... Cephalopods Zoanthinaria (soft zoanthid corals) ...... Crustaceans (Lobsters, Shrimps/mantis shrimps, true crabs and hermit crabs (not listed as crustacean management unit species) Sponges (Porifera) ...... Stylasteridae (lace corals) Hydrozoans ...... Solanderidae (hydroid corals) Bryozoans ...... Annelids (segmented worms) (Those species not list- ed in Table 3) Algae (seaweeds) Tunicates (sea squirts) ...... Live rock

All other coral reef ecosystem management unit species that are marine plants, invertebrates, and fishes that are not listed in Table 3 or are not bottomfish management unit species, crustacean management unit spe- cies, Pacific pelagic management unit species, precious coral or seamount groundfish.

[69 FR 8346, Feb. 24, 2004]

FIGURE 1 TO PART 665—CARAPACE LENGTH OF LOBSTERS

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FIGURE 2 TO PART 665—LENGTH OF FISHING VESSEL

[61 FR 34572, July 2, 1996, as amended at 67 FR 4371, Jan. 30, 2002]

PART 679—FISHERIES OF THE EX- 679.31 CDQ and PSQ reserves. 679.32 Groundfish and halibut CDQ catch CLUSIVE ECONOMIC ZONE OFF monitoring. ALASKA Subpart D—Individual Fishing Quota Subpart A—General Management Measures Sec. 679.40 Sablefish and halibut QS. 679.1 Purpose and scope. 679.41 Transfer of quota shares and IFQ. 679.2 Definitions. 679.42 Limitations on use of QS and IFQ. 679.3 Relation to other laws. 679.43 Determinations and appeals. 679.4 Permits. 679.44 Penalties. 679.5 Recordkeeping and reporting. 679.45 IFQ cost recovery program. 679.6 Exempted fisheries. 679.7 Prohibitions. Subpart E—Groundfish Observer Program 679.8 Facilitation of enforcement. 679.9 Penalties. 679.50 Groundfish Observer Program.

Subpart B—Management Measures Subpart F—American Fisheries Act and Aleutian Island Directed Pollock Fish- 679.20 General limitations. ery Management Measures 679.21 Prohibited species bycatch manage- ment. 679.60 Authority and related regulations. 679.22 Closures. 679.61 Formation and operation of fishery 679.23 Seasons. cooperatives. 679.24 Gear limitations. 679.62 Inshore sector cooperative allocation 679.25 Inseason adjustments. program. 679.26 Prohibited Species Donation Pro- 679.63 Catch weighing requirements for ves- gram. sels and processors. 679.27 Improved Retention/Improved Utili- 679.64 Harvesting sideboard limits in other zation Program. fisheries. 679.28 Equipment and operational require- 679.65 [Reserved] ments. Subpart G—Rockfish Program Subpart C—Western Alaska Community Development Quota Program 679.80 Initial allocation of rockfish QS. 679.81 Rockfish Program annual harvester 679.30 General CDQ regulations. and processor privileges.

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