§ 665.906 50 CFR Ch. VI (10–1–14 Edition)

(ii) No MUS harvested under a rec- ID E. long. N. lat. reational charter fishing permit may 4 ...... 165°42′56″ 18°25′51″ be used for the purposes of customary 1 ...... 165°42′56″ 20°9′27″ exchange. (c) Application. An application for a (b) Howland and Baker Islands. The permit required under this section Howland and Baker Islands units of the must be submitted to PIRO as de- Monument include the waters and sub- scribed in § 665.13. merged and emergent lands around (d) Transfer. A permit issued under Howland and Baker Islands within an this section is not transferrable. area defined by straight lines con- (e) Reporting and recordkeeping. The necting the following coordinates in operator of a vessel subject to the re- the order listed: quirements of this section must com- ply with the terms and conditions de- ID W. long. Lat. scribed in § 665.14. 1 ...... 177°27′7″ 1°39′15″ N. ° ′ ″ ° ′ ″ [78 FR 33003, June 3, 2013, as amended at 78 2 ...... 175 38 32 1 39 15 N. 3 ...... 175°38′32″ 0°38′33″ S. FR 39583, July 2, 2013] 4 ...... 177°27′7″ 0°38′33″ S. 1 ...... 177°27′7″ 1°39′15″ N. § 665.906 International law. The regulations in this subpart shall (c) Jarvis Island. The Jarvis Island be applied in accordance with inter- unit of the Monument includes the wa- national law. No restrictions shall ters and submerged and emergent lands apply to or be enforced against a per- around Jarvis Island within an area de- son who is not a citizen, national, or fined by straight lines connecting the resident alien of the United States (in- following coordinates in the order list- cluding foreign flag vessels) unless in ed: accordance with international law. ID W. long. Lat. Subpart H—Pacific Remote Islands 1 ...... 160°50′52″ 0°28′39″ N. 2 ...... 159°8′53″ 0°28′39″ N. Marine National Monument 3 ...... 159°8′53″ 1°13′15″ S. 4 ...... 160°50′52″ 1°13′15″ S. 1 ...... 160°50′52″ 0°28′39″ N. SOURCE: 78 FR 33003, June 3, 2013, unless otherwise noted. (d) Johnston Atoll. The Johnston Atoll § 665.930 Scope and purpose. unit of the Monument includes the wa- ters and submerged and emergent lands The regulations in this subpart cod- around Johnston Atoll within an area ify certain provisions of the Proclama- defined by straight lines connecting tion, and govern the administration of the following coordinates in the order fishing in the Monument. listed:

§ 665.931 Boundaries. ID W. long. N. lat. The Monument, including the waters 1 ...... 170°24′37″ 17°35′39″ and submerged and emergent lands of 2 ...... 168°37′32″ 17°35′39″ Wake, Baker, Howland, and Jarvis Is- 3 ...... 168°37′32″ 15°53′26″ lands, Johnston Atoll, Kingman Reef, 4 ...... 170°24′37″ 15°53′26″ and Palmyra Atoll, is defined as fol- 1 ...... 170°24′37″ 17°35′39″ lows: (e) Kingman Reef and Palmyra Atoll. (a) Wake Island. The Wake Island unit of the Monument includes the waters The Kingman Reef and Palmyra Atoll and submerged and emergent lands units of the Monument include the wa- around Wake Island within an area de- ters and submerged and emergent lands fined by straight lines connecting the around Kingman Reef and Palmyra following coordinates in the order list- Atoll within an area defined by ed: straight lines connecting the following coordinates in the order listed: ID E. long. N. lat. ID W. long. N. lat. 1 ...... 165°42′56″ 20°9′27″ 2 ...... 167°32′23″ 20°9′27″ 1 ...... 163°11′16″ 7°14′38″ 3 ...... 167°32′23″ 18°25′51″ 2 ...... 161°12′3″ 7°14′38″

462 Fishery Conservation and Management § 665.935

ID W. long. N. lat. § 665.934 Regulated activities. 3 ...... 161°12′3″ 5°20′23″ (a) Commercial fishing is prohibited 4 ...... 161°25′22″ 5°1′34″ in the Monument. 5 ...... 163°11′16″ 5°1′34″ (b) Non-commercial fishing is prohib- 1 ...... 163°11′16″ 7°14′38″ ited in the Monument, except under permit and pursuant to the procedures § 665.932 Definitions. and criteria established in § 665.935 or The following definitions are used in pursuant to § 665.934(d). this subpart: (c) Commercial fishing outside the Monument and non-commercial fishing Management unit species or MUS within the Monument during the same means the Pacific Remote Island Areas trip is prohibited. management unit species as defined in (d) Non-commercial fishing is prohib- §§ 665.601, 665.621, 665.641, and 665.661, ited within 12 nm of emergent land and the pelagic management unit spe- within the Monument, unless author- cies as defined in § 665.800. ized by the U.S. Fish & Wildlife Serv- Monument means the waters and sub- ice, in consultation with NMFS and the merged and emergent lands of the Pa- Council. For the purposes of this sub- cific Remote Islands Marine National section, consultation means that the Monument, as defined in § 665.931. U.S. Fish & Wildlife Service will con- Proclamation means Presidential sult with NMFS, which in turn will Proclamation 8336 of January 6, 2009, consult with the Council. ‘‘Establishment of the Pacific Remote Islands Marine National Monument.’’ [78 FR 33003, June 3, 2013, as amended at 78 FR 39583, July 2, 2013]

§ 665.933 Prohibitions. § 665.935 Fishing permit procedures In addition to the general prohibi- and criteria. tions specified in § 600.725 of this chap- (a) Non-commercial fishing—(1) Appli- ter, and § 665.15 and subparts E and F of cability. Except as provided in section this part, the following activities are 665.934(d), a vessel that is used to non- prohibited in the Monument and, thus, commercially fish for, take, retain, or unlawful for a person to conduct or possess MUS in the Monument must be cause to be conducted. registered for use with a permit issued (a) Commercial fishing in the Monu- pursuant to §§ 665.603, 665.624, 665.642, ment. 665.662, 665.801(f), or 665.801(g). (b) Non-commercial fishing in the (2) Terms and conditions. Customary Monument, except as authorized under exchange of fish harvested in the permit and pursuant to the procedures Monument is prohibited. and criteria established in § 665.935. (b) Pacific Remote Islands Monument (c) Transferring a permit in violation recreational charter permit—(1) Applica- of § 665.935(d). bility. Except as provided in § 665.934(d), (d) Commercial fishing outside the both the owner and operator of a vessel Monument and non-commercial fishing that is chartered to recreationally fish within the Monument on the same trip for, take, retain, or possess MUS in the in violation of § 665.934(c). Monument must have a permit issued under this section, and the permit (e) Non-commercial fishing within 12 must be registered for use with that nm of emergent land within the Monu- vessel. Charter boat customers are not ment, unless authorized by the U.S. required to obtain a permit. Fish & Wildlife Service, in consulta- (2) Terms and conditions. (i) The sale tion with NMFS and the Council, in or exchange through barter or trade of violation of § 665.934(d). For the pur- fish caught by a charter boat fishing in poses of this subsection, consultation the Monument is prohibited. means that the U.S. Fish & Wildlife (ii) Customary exchange of fish har- Service will consult with NMFS, which vested under a Monument recreational in turn will consult with the Council. charter permit is prohibited. [78 FR 33003, June 3, 2013, as amended at 78 (c) Application. An application for a FR 39583, July 2, 2013] permit required under this section

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