50 CFR Ch. VI (10–1–20 Edition)

Home , Barred thicklip, French Frigate Shoals, Gardner Pinnacles, Hyporthodus, Jarvis Island, Lisianski Island

Pt. 665 50 CFR Ch. VI (10–1–20 Edition)

PART 665—FISHERIES IN THE Subpart C—Hawaii Fisheries WESTERN PACIFIC 665.198 Management areas. 665.199 Area restrictions [Reserved] Subpart A—General 665.200 Hawaii bottomfish and seamount groundfish fisheries [Reserved] Sec. 665.201 Definitions. 665.1 Purpose and scope. 665.202 Management subareas. 665.2 Relation to other laws. 665.203 Permits. 665.3 Licensing and registration. 665.204 Prohibitions. 665.4 Annual catch limits. 665.205 Notification. 665.5–665.11 [Reserved] 665.206 Gear restrictions. 665.12 Definitions. 665.207 At-sea observer coverage. 665.13 Permits and fees. 665.208 Protected species conservation. 665.14 Reporting and recordkeeping. 665.209 Fishing moratorium at Hancock 665.15 Prohibitions. Seamount. 665.16 Vessel identification. 665.210 [Reserved] 665.17 Experimental fishing. 665.211 Annual Catch Limits (ACL). 665.18 Framework adjustments to manage- 665.212 Non-commercial bag limits. ment measures. 665.213–665.219 [Reserved] 665.19 Vessel monitoring system. 665.220 Hawaii coral reef ecosystem fisheries 665.20 Western Pacific Community Develop- [Reserved] ment Program. 665.221 Definitions. 665.222 Management area. Subpart B—American Samoa Fisheries 665.223 Relation to other laws. 665.224 Permits and fees. 665.98 Management area. 665.225 Prohibitions. 665.99 Area restrictions. 665.226 Notifications. 665.100 American Samoa bottomfish fish- 665.227 Allowable gear and gear restrictions. eries [Reserved] 665.228 Gear identification. 665.101 Definitions. 665.229–665.239 [Reserved] 665.102 [Reserved] 665.240 Hawaii crustacean fisheries [Re- 665.103 Prohibitions. served] 665.104 Gear restrictions. 665.241 Definitions. 665.105 At-sea observer coverage. 665.242 Permits. 665.106–665.119 [Reserved] 665.243 Prohibitions. 665.120 American Samoa coral reef eco- 665.244 Notifications. system fisheries [Reserved] 665.245 Gear restrictions. 665.121 Definitions. 665.246 Gear identification. 665.247 At-sea observer coverage. 665.122 [Reserved] 665.248 Monk seal protective measures. 665.123 Relation to other laws. 665.249 Lobster size and condition restric- 665.124 Permits and fees. tions in Permit Area 2. 665.125 Prohibitions. 665.250 Closed seasons. 665.126 Notifications. 665.251 Closed areas. 665.127 Allowable gear and gear restrictions. 665.252 Harvest limitation program. 665.128 Gear identification. 665.253 Annual Catch Limits (ACL). 665.129–665.139 [Reserved] 665.254–665.259 [Reserved] 665.140 American Samoa crustacean fish- 665.260 Hawaii precious coral fisheries [Re- eries [Reserved] served] 665.141 Definitions. 665.261 Definitions. 665.142 Permits. 665.262 Permits. 665.143 Prohibitions. 665.263 Prohibitions. 665.144 Notifications. 665.264 Gear restrictions. 665.145 At-sea observer coverage. 665.265 Size restrictions. 665.146–665.159 [Reserved] 665.266 Area restrictions. 665.160 American Samoa precious coral fish- 665.267 Seasons. eries [Reserved] 665.268 Closures. 665.161 Definitions. 665.269 Annual Catch Limits (ACL). 665.162 Permits. 665.270 Gold coral harvest moratorium. 665.163 Prohibitions. 665.164 Gear restrictions. Subpart D—Mariana Archipelago Fisheries 665.165 Size restrictions. 665.166 Closures. 665.398 Management areas. 665.167 Quotas. 665.399 Area restrictions. 665.168 Seasons. 665.400 Mariana bottomfish fisheries [Re- 665.169 Gold coral harvest moratorium. served]

402

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00412 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management Pt. 665

665.401 Definitions. 665.642 Permits. 665.402 Management subareas. 665.643 Prohibitions. 665.403 Bottomfish fishery area manage- 665.644 Notifications ment. 665.645 At-sea observer coverage. 665.404 Permits. 665.646–665.659 [Reserved] 665.405 Prohibitions. 665.660 PRIA precious coral fisheries [Re- 665.406 Gear restrictions. served] 665.407 At-sea observer coverage. 665.661 Definitions. 665.418–665.419 [Reserved] 665.662 Permits. 665.420 Mariana coral reef ecosystem fish- 665.663 Prohibitions. eries [Reserved] 665.664 Gear restrictions. 665.421 Definitions. 665.665 Size restrictions. 665.422 Management area. 665.666 Closures. 665.423 Relation to other laws. 665.667 Quotas. 665.424 Permits and fees. 665.668 Seasons. 665.425 Prohibitions. 665.669 Gold coral harvest moratorium. 665.426 Notifications. 665.427 Allowable gear and gear restrictions. Subpart F—Western Pacific Pelagic 665.428 Gear identification. Fisheries 665.429–665.439 [Reserved] 665.440 Mariana crustacean fisheries [Re- 665.798 Management area. served] 665.799 Area restrictions. 665.441 Definitions. 665.800 Definitions. 665.442 Permits. 665.801 Permits. 665.443 Prohibitions. 665.802 Prohibitions. 665.444 Notifications. 665.803 Notifications. 665.445 At-sea observer coverage. 665.804 Gear identification. 665.446–665.459 [Reserved] 665.805 [Reserved] 665.460 Mariana precious coral fisheries [Re- 665.806 Prohibited area management. 665.807 Exemptions for Hawaii longline fish- served] ing prohibited areas; procedures. 665.461 Definitions. 665.808 Conditions for at-sea observer cov- 665.462 Permits. erage. 665.463 Prohibitions. 665.809 Port privileges and transiting for 665.464 Gear restrictions. unpermitted U.S. longline vessels. 665.465 Size restrictions. 665.810 Prohibition of drift gillnetting. 665.466 Closures. 665.811 [Reserved] 665.467 Quotas. 665.812 Sea turtle take mitigation meas- 665.468 Seasons. ures. 665.469 Gold coral harvest moratorium. 665.813 Western Pacific longline fishing restrictions. Subpart E—Pacific Remote Island Area 665.814 Protected species workshop. Fisheries 665.815 Pelagic longline seabird mitigation measures. 665.598 Management area. 665.816 American Samoa longline limited 665.599 Area Restrictions. entry program. 665.600 PRIA bottomfish fisheries [Re- 665.817 [Reserved] served] 665.818 Exemptions for American Samoa 665.601 Definitions. large vessel prohibited areas. 665.602 [Reserved] 665.819 Territorial catch and fishing effort 665.603 Permits. limits. 665.604 Prohibitions. 665.605 Gear restrictions. Subpart G—Marianas Trench Marine 665.606 At-sea observer coverage. 665.607–665.619 [Reserved] National Monument 665.620 PRIA coral reef ecosystem fisheries 665.900 Scope and purpose. [Reserved] 665.901 Boundaries. 665.621 Definitions. 665.902 Definitions. 665.622 [Reserved] 665.903 Prohibitions. 665.623 Relation to other laws. 665.904 Regulated activities. 665.624 Permits and fees. 665.905 Fishing permit procedures and cri- 665.625 Prohibitions. teria. 665.626 Notifications. 665.906 International law. 665.627 Allowable gear and gear restrictions. 665.628 Gear identification. Subpart H—Pacific Remote Islands Marine 665.640 PRIA crustacean fisheries. National Monument 665.629–665.639 [Reserved] 665.641 Definitions. 665.930 Scope and purpose.

403

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00413 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.1 50 CFR Ch. VI (10–1–20 Edition)

665.931 Boundaries. (e) Regulations specific to individual 665.932 Definitions. areas and fisheries are included in sub- 665.933 Prohibitions. parts B through F of this part. 665.934 Regulated activities. (f) Nothing in subparts B through F 665.935 Fishing permit procedures and cri- of this part is intended to supersede teria. any valid state or Federal regulations 665.936 International law. that are more restrictive than those Subpart I—Rose Atoll Marine National published here. Monument [75 FR 2205, Jan. 14, 2010, as amended at 80 FR 62501, Oct. 16, 2015; 84 FR 2768, Feb. 8, 665.960 Scope and purpose. 2019] 665.961 Boundaries. 665.962 Definitions. § 665.2 Relation to other laws. 665.963 Prohibitions. 665.964 Regulated activities. NMFS recognizes that any state law 665.965 Fishing permit procedures and cri- pertaining to vessels registered under teria. the laws of that state while operating 665.966 International law. in the fisheries regulated under this FIGURE 1 TO PART 665—CARAPACE LENGTH OF part, that is consistent with this part LOBSTERS and the FEPs implemented by this FIGURE 2 TO PART 665—LENGTH OF FISHING part, shall continue in effect with re- VESSELS spect to fishing activities regulated FIGURE 3 TO PART 665—SAMPLE FABRICATED under this part. ARCENEAUX LINE CLIPPER § 665.3 Licensing and registration. AUTHORITY: 16 U.S.C. 1801 et seq. Any person who is required to do so SOURCE: 75 FR 2205, Jan. 14, 2010, unless otherwise noted. by applicable state law or regulation must comply with licensing and registration requirements in the exact Subpart A—General manner required by applicable state law or regulation. § 665.1 Purpose and scope. (a) The regulations in this part gov- § 665.4 Annual catch limits. ern fishing for Pacific Island manage- (a) General. For each fishing year, the ment unit species (MUS) and eco- Regional Administrator shall specify system component species (ECS) by an annual catch limit, including any vessels of the United States that oper- overage adjustments, for each stock or ate or are based inside the outer bound- stock complex of management unit ary of the U.S. EEZ around American species defined in subparts B through F Samoa, Hawaii, Guam, the Northern of this part, as recommended by the Mariana Islands, Palmyra Atoll, King- Council, and considering the best avail- man Reef, Jarvis Island, Baker Island, able scientific, commercial, and other Howland Island, Johnston Atoll, and information about the fishery for that Wake Island. stock or stock complex. The annual (b) General regulations governing catch limit shall serve as the basis for fishing by all vessels of the United invoking accountability measures in States and by fishing vessels other paragraph (f) of this section. than vessels of the United States are (b) Overage adjustments. If landings of contained in 50 CFR parts 300 and 600. a stock or stock complex exceed the (c) Regulations governing the har- specified annual catch limit in a fish- vest, possession, landing, purchase, and ing year, the Council will take action sale of shark fins are found in 50 CFR in accordance with 50 CFR 600.310(g), part 600 subpart N. which may include recommending that (d) This subpart contains regulations the Regional Administrator reduce the that are common to all western Pacific annual catch limit for the subsequent fisheries managed under Fishery Eco- year by the amount of the overage or system Plans (FEPs) prepared by the other measures, as appropriate. Western Pacific Fishery Management (c) Exceptions. The Regional Adminis- Council under the Magnuson-Stevens trator is not required to specify an an- Act. nual catch limit for an ECS, or for an

404

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00414 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.12

MUS that is statutorily excepted from but is not limited to, closure of the the requirement pursuant to 50 CFR fishery, closure of specific areas, 600.310(h)(1). changes to bag limits, or restrictions (d) Annual catch target. For each fish- in effort. The restriction will remain in ing year, the Regional Administrator effect until the end of the fishing year, may also specify an annual catch tar- except that the Regional Adminis- get that is below the annual catch trator may, based on a recommenda- limit of a stock or stock complex, as tion from the Council, remove or mod- recommended by the Council. When ify the restriction before the end of the used, the annual catch target shall fishing year. serve as the basis for invoking account- (2) It is unlawful for any person to ability measures in paragraph (f) of conduct fishing in violation of the re- this section. strictions specified in the notification (e) Procedures and timing. (1) No later issued pursuant to paragraph (f)(1) of than 60 days before the start of a fish- this section. ing year, the Council shall recommend [76 FR 37286, June 27, 2011, as amended at 84 to the Regional Administrator an an- FR 2768, Feb. 8, 2019; 85 FR 26624, May 5, 2020] nual catch limit, including any overage adjustment, for each stock or stock §§ 665.5–665.11 [Reserved] complex. The recommended limit should be based on a recommendation § 665.12 Definitions. of the SSC of the acceptable biological In addition to the definitions in the catch for each stock or stock complex. Magnuson-Stevens Act, § 600.10 of this The Council may not recommend an chapter, and subparts B through F of annual catch limit that exceeds the ac- this part, general definitions for west- ceptable biological catch recommended ern Pacific fisheries have the following by the SSC. The Council may also rec- meanings: ommend an annual catch target below American Samoa FEP means the Fish- the annual catch limit. ery Ecosystem Plan for American (2) No later than 30 days before the Samoa, available from the Western Pa- start of a fishing year, the Regional cific Fishery Management Council or Administrator shall publish in the FED- PIRO. ERAL REGISTER a notice of the proposed Bottomfish FMP means the Fishery annual catch limit specification and Management Plan for Bottomfish and any associated annual catch target, Seamount Groundfish of the Western and request public comment. Pacific Region established in 1986 and (3) No later than the start of a fish- replaced by FEPs. ing year, the Regional Administrator Carapace length means a measure- shall publish in the FEDERAL REGISTER ment in a straight line from the ridge and use other methods to notify permit between the two largest spines above holders of the final annual catch limit the eyes, back to the rear edge of the specification and any associated an- carapace of a spiny lobster (see Figure nual catch target. 1 to this part). (f) Accountability measures. When any Circle hook means a fishing hook with annual catch limit or annual catch tar- the point turned perpendicularly back get is projected to be reached, based on towards the shank. available information, the Regional Commercial fishing means fishing in Administrator shall publish notifica- which the fish harvested, either in tion to that effect in the FEDERAL REG- whole or in part, are intended to enter ISTER and shall use other means to no- commerce or enter commerce through tify permit holders. sale, barter, or trade. All lobster fish- (1) The notice will include an advise- ing in Crustacean Permit Area 1 is con- ment that fishing for that stock or sidered commercial fishing. stock complex will be restricted begin- Commonwealth of the Northern Mar- ning on a specified date, which shall iana Islands (CNMI) means the North- not be earlier than 7 days after the ern Mariana Islands. date of filing the notice for public in- Coral Reef Ecosystems FMP means the spection at the Office of the Federal Fishery Management Plan for Coral Register. The restriction may include, Reef Ecosystems of the Western Pacific

405

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00415 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.12 50 CFR Ch. VI (10–1–20 Edition)

Region established in 2004 and replaced or ECS (such as the services provided by FEPs. by a wholesale auction facility). Council means the Western Pacific Fishing gear, as used in regulations Fishery Management Council. for the American Samoa, CNMI, Ha- Crustacean receiving vessel means a waii, and PRIA bottomfish fisheries in vessel of the United States to which subparts B through E of this part, in- lobsters taken in a crustacean manage- cludes: ment area are transferred from another (1) Bottom trawl, which means a vessel. trawl in which the otter boards or the Crustaceans FMP means the Fishery footrope of the net are in contact with Management Plan for Crustacean Fish- the sea bed; eries of the Western Pacific Region es- (2) Gillnet, (see § 600.10); tablished in 1982 and replaced by FEPs. (3) Hook-and-line, which means one Customary exchange means the non- or more hooks attached to one or more market exchange of marine resources lines; between fishermen and community (4) Set net, which means a sta- residents, including family and friends tionary, buoyed, and anchored gill net; of community residents, for goods, and/ and or services for cultural, social, or reli- (5) Trawl, (see § 600.10). gious reasons. Customary exchange Fishing trip means a period of time may include cost recovery through during which fishing is conducted, be- monetary reimbursements and other ginning when the vessel leaves port and means for actual trip expenses, includ- ending when the vessel lands fish. ing but not limited to ice, bait, fuel, or Fishing year means the year begin- food, that may be necessary to partici- ning at 0001 local time on January 1 pate in fisheries in the western Pacific. and ending at 2400 local time on De- Actual trip expenses do not include ex- cember 31, with the exception of fishing penses that a fisherman would incur for Deep 7 bottomfish and any precious without making a fishing trip, includ- coral MUS. ing expenses relating to dock space, Freeboard means the straight line vessel mortgage payments, routine ves- vertical distance between a vessel’s sel maintenance, vessel registration working deck and the sea surface. If fees, safety equipment required by U.S. the vessel does not have gunwale door Coast Guard, and other incidental costs or stern door that exposes the working and expenses normally associated with deck, freeboard means the straight line ownership of a vessel. vertical distance between the top of a Dead coral means any precious coral vessel’s railing and the sea surface. that no longer has any live coral pol- Harvest guideline means a specified yps or tissue. numerical harvest objective. Ecosystem component species (ECS) Hawaiian Archipelago means the Main means a stock that a Council or the and Northwestern Hawaiian Islands, in- Secretary has determined does not re- cluding Midway Atoll. quire conservation and management, Hawaii FEP means the Fishery Eco- but is identified in an FEP to achieve system Plan for the Hawaiian Archi- ecosystem management objectives. pelago, available from the Western Pa- EFP means an experimental fishing cific Fishery Management Council or permit. PIRO. First level buyer means: Hookah breather means a tethered un- (1) The first person who purchases, derwater breathing device that pumps with the intention to resell, manage- air from the surface through one or ment unit species (MUS) or ECS, or more hoses to divers at depth. portions thereof, that were harvested Incidental catch or incidental species by a vessel that holds a permit or is means species caught while fishing for otherwise regulated under crustacean the primary purpose of catching a dif- fisheries in subparts B through E of ferent species. this part; or Land or landing means offloading fish (2) A person who provides record- from a fishing vessel, arriving in port keeping, purchase, or sales assistance to begin offloading fish, or causing fish in the first transaction involving MUS to be offloaded from a fishing vessel.

406

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00416 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.12

Large vessel means, as used in this Non-precious coral means any species part, any vessel equal to or greater of coral other than those listed under than 50 ft (15.2 m) in length overall. the definitions for precious coral in Length overall (LOA) or length of a §§ 665.161, 665.261, 665.461, and 665.661. vessel as used in this part, means the Non-selective gear means any gear horizontal distance, rounded to the used for harvesting coral that cannot nearest foot (with any 0.5 foot or 0.15 discriminate or differentiate between meter fraction rounded upward), be- types, size, quality, or characteristics tween the foremost part of the stem of living or dead coral. and the aftermost part of the stern, ex- Northwestern Hawaiian Islands (NWHI) cluding bowsprits, rudders, outboard means the islands of the Hawaiian Ar- motor brackets, and similar fittings or chipelago lying to the west of 161° W. attachments (see Figure 2 to this part). long. ‘‘Stem’’ is the foremost part of the ves- No-take MPA means an area of the sel, consisting of a section of timber or U.S. EEZ that is closed to fishing for or fiberglass, or cast forged or rolled harvesting of any MUS or ECS, as de- metal, to which the sides of the vessel fined in subparts B through F of this are united at the fore end, with the part. lower end united to the keel, and with Offload means to remove MUS or ECS the bowsprit, if one is present, resting from a vessel. on the upper end. ‘‘Stern’’ is the after- Offset circle hook means a circle hook most part of the vessel. in which the barbed end of the hook is Live coral means any precious coral displaced relative to the parallel plane that has live coral polyps or tissue. of the eyed end, or shank, of the hook Live rock means any natural, hard when laid on its side. substrate, including dead coral or rock, Owner, as used in the regulations for to which is attached, or which sup- the crustacean fisheries in subparts B ports, any living marine life form asso- through E of this part and § 665.203(i) ciated with coral reefs. and (j), means a person who is identi- Low-use marine protected area (MPA) fied as the current owner of the vessel means an area of the U.S. EEZ where as described in the Certificate of Docu- fishing operations have specific restric- mentation (Form CG–1270) issued by tions in order to protect the coral reef the United States Coast Guard (USCG) ecosystem, as specified under area re- for a documented vessel, or in a reg- strictions in subparts B through F of istration certificate issued by a state, a this part. territory, or the USCG for an undocu- Main Hawaiian Islands (MHI) means mented vessel. As used in the regula- the islands of the Hawaii Archipelago tions for the precious coral fisheries in lying to the east of 161° W. long. subparts B through E of this part and Mariana Archipelago means Guam and § 665.203(c) through (h), the definition of the Northern Mariana Islands. ‘‘owner’’ in § 600.10 of this chapter con- Mariana FEP means the Fishery Eco- tinues to apply. system Plan for the Mariana Archi- Pacific Islands Regional Office (PIRO) pelago, available from the Western Pa- means the headquarters of the Pacific cific Fishery Management Council or Islands Region, NMFS, located at 1845 PIRO. Wasp Blvd., Bldg. 176, Honolulu, HI Medium vessel, as used in this part, 96818; telephone number: 808–725–5000. means any vessel equal to or more than Pacific remote island areas (PRIA, or 40 ft (12.2 m) and less than 50 ft (15.2 m) U.S. island possessions in the Pacific LOA. Ocean) means Palmyra Atoll, Kingman Non-commercial fishing means fishing Reef, Jarvis Island, Baker Island, that does not meet the definition of Howland Island, Johnston Atoll, Wake commercial fishing in the Magnuson- Island, and Midway Atoll. Stevens Fishery Conservation and Pelagics FEP means the Fishery Eco- Management Act, and includes, but is system Plan for Pelagic Fisheries of not limited to, sustenance, subsistence, the Western Pacific, available from the traditional indigenous, and rec- Western Pacific Fishery Management reational fishing. Council or PIRO.

407

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00417 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.13 50 CFR Ch. VI (10–1–20 Edition)

Pelagics FMP means the Fishery Man- rine life for commercial purposes (also agement Plan for Pelagic Fisheries of known as the commercial fishing li- the Western Pacific Region that was cense). established in 1987 and replaced by the Transship means to offload or other- western Pacific pelagic FEP. wise transfer MUS or ECS or products Precious Corals FMP means the Fish- thereof to a receiving vessel. ery Management Plan for Precious Cor- Trap means a box-like device used for als of the Western Pacific Region es- catching and holding lobsters or fish. tablished in 1983 and replaced by fish- U.S. harvested coral means coral ery ecosystem plans (FEPs). caught, taken, or harvested by vessels PRIA FEP means the Fishery Eco- of the United States within any fishery system Plan for the Pacific Remote Is- for which an FMP or FEP has been im- land Areas of Palmyra Atoll, Kingman plemented under the Magnuson-Ste- Reef, Jarvis Island, Baker Island, vens Act. Howland Island, Johnston Atoll, and Vessel monitoring system unit (VMS Wake Island, available from the West- unit) means the hardware and software ern Pacific Fishery Management Coun- owned by NMFS, installed on vessels cil or PIRO. by NMFS, and required to track and Protected species means an animal transmit the positions of certain ves- protected under the MMPA, as amend- sels. ed, listed under the ESA, as amended, Western Pacific fishery management or subject to the Migratory Bird Trea- area means those waters shoreward of ty Act, as amended. the outer boundary of the EEZ around Receiving vessel means a vessel that American Samoa, Guam, Hawaii, receives fish or fish products from a CNMI, Midway, Johnston and Palmyra fishing vessel, and with regard to a ves- Atolls, Kingman Reef, and Wake, Jar- sel holding a permit under § 665.801(e), vis, Baker, and Howland Islands. that also lands western Pacific pelagic [75 FR 2205, Jan. 14, 2010, as amended at 76 MUS taken by other vessels using FR 37286, June 27, 2011; 78 FR 33003, June 3, longline gear. 2013; 79 FR 64111, Oct. 28, 2014; 84 FR 2768, Recreational fishing means fishing Feb. 8, 2019; 84 FR 29396, June 24, 2019] conducted for sport or pleasure, including charter fishing. § 665.13 Permits and fees. Regional Administrator means Re- (a) Applicability. The requirements for gional Administrator, Pacific Islands permits for specific western Pacific Region, NMFS (see Table 1 of § 600.502 fisheries are set forth in subparts B of this chapter for address). through I of this part. Selective gear means any gear used for (b) Validity. Each permit is valid for harvesting coral that can discriminate fishing only in the specific fishery or differentiate between type, size, management areas identified on the quality, or characteristics of living or permit. dead coral. (c) Application. (1) An application for Special Agent-In-Charge (SAC) means a permit to operate in a Federal west- the Special Agent-In-Charge, NMFS, ern Pacific fishery that requires a per- Pacific Islands Enforcement Division, mit and is regulated under subparts B located at 1845 Wasp Blvd., Bldg. 176, through I of this part may be obtained Honolulu, HI 96818; telephone number: from NMFS PIRO. The completed ap- 808–725–6100, or a designee. plication must be submitted to PIRO Special permit means a permit issued for consideration. In no case shall to allow fishing for coral reef ECS in PIRO accept an application that is not low-use MPAs or with any gear not on a Federal western Pacific fisheries specifically allowed under § 665.127, permit application form. § 665.227, or § 665.427. (2) A minimum of 15 days after the SSC means the Scientific and Statis- day PIRO receives a complete applica- tical Committee of the Western Pacific tion should be allowed for processing Fishery Management Council. the application for fisheries under sub- State of Hawaii commercial marine li- parts B through I of this part. If an in- cense means the license required by the complete or improperly completed ap- State of Hawaii for anyone to take ma- plication is filed, NMFS will notify the

408

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00418 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.13

applicant of the deficiency. If the ap- (ii) Mau Zone limited access permit. plicant fails to correct the deficiency (iii) Coral reef ecosystem special per- within 30 days following the date of the mit. letter of notification of deficiency, the (iv) American Samoa longline lim- application will be administratively ited access permit. closed. (v) MHI non-commercial bottomfish (d) Change in application information. permit. Any change in the permit application (vi) Western Pacific squid jig permit. information or vessel documentation, (vii) Crustacean permit. submitted under paragraph (c) of this section, must be reported to PIRO in (viii) CNMI commercial bottomfish writing within 15 days of the change to permit. avoid a delay in processing the permit (ix) Marianas Trench Monument non- application. A minimum of 10 days commercial permit. from the day the information is re- (x) Marianas Trench Monument rec- ceived by PIRO should be given for reational charter permit. PIRO to record any change in informa- (xi) Pacific Remote Islands Monu- tion from the permit application sub- ment recreational charter permit. mitted under paragraph (c) of this sec- (xii) Rose Atoll Monument non-com- tion. Failure to report such changes mercial permit. may result in a delay in processing an (xiii) Rose Atoll Monument rec- application, permit holders failing to reational charter permit. receive important notifications, or (g) Expiration. A permit issued under sanctions pursuant to the Magnuson- subparts B through I of this part is Stevens Act at 16 U.S.C. 1858(g) or 15 valid for the period specified on the CFR part 904, subpart D. permit unless revoked, suspended, (e) Issuance. After receiving a com- transferred, or modified under 15 CFR plete application submitted under part 904. paragraph (c) of this section, the Re- (h) Replacement. Replacement permits gional Administrator will issue a per- may be issued, without charge, to re- mit to an applicant who is eligible place lost or mutilated permits. An ap- under this part, as appropriate. plication for a replacement permit is (f) Fees. (1) PIRO will not charge a fee not considered a new application. for a permit issued under §§ 665.142, (i) Transfer. An application for a per- 665.162, 665.242, 665.262, 665.442, 665.462, mit transfer under §§ 665.203(d), 665.642, or 665.662 of this part, for a 665.242(e), or 665.801(k), or for registra- Ho’omalu limited access permit issued tion of a permit for use with a replace- under § 665.203, or for a Guam ment vessel under § 665.203(i), must be bottomfish permit issued under submitted to PIRO as described in § 665.404. paragraph (c) of this section. (2) PIRO will charge a non-refundable processing fee for each application (in- (j) Alteration. Any permit that has cluding transfer and renewal) for each been altered, erased, or mutilated is in- permit listed in paragraphs (f)(2)(i) valid. through (f)(2)(xiii) of this section. The (k) Display. Any permit issued under amount of the fee is calculated in ac- this subpart, or a facsimile of such per- cordance with the procedures of the mit, must be on board the vessel at all NOAA Finance Handbook for deter- times while the vessel is fishing for, mining the administrative costs in- taking, retaining, possessing, or land- curred in processing the permit. The ing MUS or ECS shoreward of the outer fee may not exceed such costs. The ap- boundary of the fishery management propriate fee is specified with each ap- area. Any permit issued under this sec- plication form and must accompany tion must be displayed for inspection each application. Failure to pay the fee upon request of an authorized officer. will preclude the issuance, transfer, or (l) Sanctions. Procedures governing renewal of any of the following per- sanctions and denials are found at submits: part D of 15 CFR part 904. (i) Hawaii longline limited access (m) Permit appeals. Procedures for ap- permit. peals of permitting and administrative

409

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00419 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.14 50 CFR Ch. VI (10–1–20 Edition)

actions are specified in the relevant suant to §§ 665.142, 665.242, 665.442, subparts of this part. 665.404, 665.162, 665.262, 665.462, 665.662, [75 FR 2205, Jan. 14, 2010, as amended at 78 or 665.801, the vessel operator must sub- FR 33003, June 3, 2013; 78 FR 39583, July 2, mit the original logbook information 2013; 84 FR 2769, Feb. 8, 2019] for each day of the fishing trip to the Regional Administrator within 72 § 665.14 Reporting and recordkeeping. hours of the end of each fishing trip, (a) State reporting. Except for pre- except as allowed in paragraph (iii) of cious coral and crustacean fisheries, this section. any person who is required to do so by (ii) If fishing was authorized under a applicable state law or regulation must permit pursuant to § 665.203(a)(2), the make and/or file all reports of MUS or vessel operator or vessel owner must ECS landings containing all data and submit the original logbook form for in the exact manner required by appli- each day of the fishing trip to the Re- cable state law or regulation. gional Administrator within 72 hours (b) Fishing record forms—(1) Applica- of the end of each fishing trip. bility. (i) The operator of a fishing ves- (iii) If fishing was authorized under a sel subject to the requirements of §§ 665.124, 665.142, 665.162, 665.203(a)(2), PRIA bottomfish permit pursuant to 665.224, 665.242, 665.262, 665.404, 665.424, § 665.603(a), PRIA pelagic troll and 665.442, 665.462, 665.603, 665.624, 665.642, handline permit pursuant to § 665.801(f), 665.662, 665.801, 665.905, 665.935, or 665.965 crustacean fishing permit for the PRIA must maintain on board the vessel an (Permit Area 4) pursuant to § 665.642(a), accurate and complete record of catch, or a precious coral fishing permit for effort, and other data on paper report Permit Area X–P–PI pursuant to forms provided by the Regional Admin- § 665.662, the original logbook form for istrator, or electronically as specified each day of fishing within EEZ waters and approved by the Regional Adminis- around the PRIA must be submitted to trator, except as allowed in paragraph the Regional Administrator within 30 (b)(1)(iii) of this section. days of the end of each fishing trip. (ii) All information specified by the (iv) If fishing was authorized under a Regional Administrator must be re- permit pursuant to §§ 665.124, 665.224, corded on paper or electronically with- 665.424, 665.624, 665.905, 665.935, or in 24 hours after the completion of each 665.965, the original logbook informa- fishing day. The logbook information, tion for each day of fishing must be reported on paper or electronically, for submitted to the Regional Adminis- each day of the fishing trip must be trator within 30 days of the end of each signed and dated or otherwise authen- fishing trip. ticated by the vessel operator in the (c) Transshipment logbooks. Any per- manner determined by the Regional son subject to the requirements of Administrator, and be submitted or § 665.124(a)(2), § 665.224(a)(2), transmitted via an approved method as § 665.424(a)(2), § 665.624(a)(2), or specified by the Regional Adminis- § 665.801(e) must maintain on board the trator, and as required by this paragraph (b). vessel an accurate and complete NMFS (iii) In lieu of the requirements in transshipment logbook containing re- paragraph (a)(1)(i) of this section, the port forms provided by the Regional operator of a fishing vessel registered Administrator. All information speci- for use under a Western Pacific squid fied on the forms must be recorded on jig permit pursuant to the require- the forms within 24 hours after the day ments of § 665.801(g) may participate in of transshipment. Each form must be a state reporting system. If partici- signed and dated by the receiving ves- pating in a state reporting system, all sel operator. The original logbook for required information must be recorded each day of transshipment activity and submitted in the exact manner re- must be submitted to the Regional Ad- quired by applicable state law or regu- ministrator within 72 hours of each lation. landing of western Pacific pelagic (2) Timeliness of submission. (i) If fish- MUS. The original logbook for each ing was authorized under a permit pur- day of transshipment activity must be

410

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00420 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.14

submitted to the Regional Adminis- ployee of NMFS designated by the Re- trator within 7 days of each landing of gional Administrator, to access, in- coral reef ECS. spect, and copy all records relating to (d) Sales report. The operator of any the harvest, sale, or transfer of crusta- fishing vessel subject to the require- cean MUS or ECS taken by vessels that ments of § 665.142, § 665.242, § 665.442, or have permits issued under this subpart § 665.642, or the owner of a medium or or §§ 665.140 through 665.145, §§ 665.240 large fishing vessel subject to the re- through 665.252, §§ 665.440 through quirements of § 665.404(a)(2) must sub- 665.445, or §§ 665.640 through 665.645. mit to the Regional Administrator, This requirement may be met by fur- within 72 hours of offloading of crusta- nishing the information on a work- cean MUS or ECS, an accurate and sheet provided by the Regional Admin- complete sales report on a form pro- istrator. The information must in- vided by the Regional Administrator. The form must be signed and dated by clude, but is not limited to: the fishing vessel operator. (i) The name of the vessel involved in (e) Packing or weigh-out slips. The op- each transaction and the owner or operator of any fishing vessel subject to erator of the vessel. the requirements of §§ 665.142, 665.242, (ii) The amount, number, and size of 665.442, or 665.642 must attach packing each MUS or ECS involved in each or weighout slips provided to the oper- transaction. ator by the first-level buyer(s), unless (iii) Prices paid by the buyer and pro- the packing or weighout slips have not ceeds to the seller in each transaction. been provided in time by the buyer(s). (3) Bottomfish and seamount ground- (f) Modification of reporting and rec- fish. Any person who is required by ordkeeping requirements. The Regional state laws and regulations to maintain Administrator may, after consultation records of landings and sales for vessels with the Council, initiate rulemaking regulated by this subpart and by to modify the information to be pro- §§ 665.100 through 665.105, 665.200 vided on the fishing record forms, through 665.212, 665.400 through 665.407, transshipment logbook, and sales re- and 665.600 through 665.606 must make port forms and timeliness by which the those records immediately available information is to be provided, includ- for Federal inspection and copying ing the submission of packing or weighout slips. upon request by an authorized officer. (g) Availability of records for inspec- (4) Coral reefs. Any person who has a tion. (1) Western Pacific pelagic MUS. special permit and who is required by Upon request, any fish dealer must im- state laws and regulations to maintain mediately provide an authorized officer and submit records of catch and effort, access to inspect and copy all records landings and sales for coral reef ECS by of purchases, sales, or other trans- this subpart and §§ 665.120 through actions involving western Pacific pe- 665.128, §§ 665.220 through 665.228, lagic MUS taken or handled by §§ 665.420 through 665.428, or §§ 665.620 longline vessels that have permits through 665.628 must make those issued under this subpart or that are records immediately available for Fed- otherwise subject to subpart F of this eral inspection and copying upon re- part, including, but not limited to, in- quest by an authorized officer as de- formation concerning: fined in § 600.10 of this chapter. (i) The name of the vessel involved in (h) State reporting. Any person who each transaction and the owner and op- has a permit under §§ 665.124, 665.203, erator of the vessel. 665.224, 665.404, 665.424, 665.603, or 665.624 (ii) The weight, number, and size of and who is regulated by state laws and each species of fish involved in each regulations to maintain and submit transaction. records of catch and effort, landings (iii) Prices paid by the buyer and pro- ceeds to the seller in each transaction. and sales for vessels regulated by sub- (2) Crustaceans. Upon request, any parts B through F of this part must first-level buyer must immediately maintain and submit those records in allow an authorized officer and any em-

411

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00421 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.15 50 CFR Ch. VI (10–1–20 Edition)

the exact manner required by state (k) Fail to notify officials as required laws and regulations. in §§ 665.126, 665.144, 665.205, 665.226, [75 FR 2205, Jan. 14, 2010, as amended at 78 665.244, 665.426, 665.444, 665.626, 665.644, FR 33003, June 3, 2013; 78 FR 39583, July 2, 665.803, or 665.808. 2013; 84 FR 2769, Feb. 8, 2019] (l) Fish for, take or retain within a no-take MPA, defined in § 665.99, § 665.15 Prohibitions. § 665.199, § 665.399, or § 665.599, any In addition to the prohibitions in bottomfish MUS or ECS, crustacean § 600.725 of this chapter, it is unlawful MUS or ECS, western Pacific pelagic for any person to: MUS, precious coral MUS or ECS, sea- (a) Engage in fishing without a valid mount groundfish MUS, or coral reef permit or facsimile of a valid permit on ecosystem ECS. board the vessel and available for in- (m) Fail to comply with a term or spection by an authorized officer, when condition governing the vessel moni- a permit is required under §§ 665.13 or toring system in violation of § 665.19. 665.17, unless the vessel was at sea when the permit was issued under (n) Fish for, catch, or harvest MUS or § 665.13, in which case the permit must ECS without an operational VMS unit be on board the vessel before its next on board the vessel after installation of trip. the VMS unit by NMFS, in violation of (b) File false information on any ap- § 665.19(e)(2). plication for a fishing permit under (o) Possess MUS or ECS, that were § 665.13 or an EFP under § 665.17. harvested after NMFS has installed the (c) Fail to file reports in the exact VMS unit on the vessel, on board that manner required by any state law or vessel without an operational VMS regulation, as required in § 665.14. unit, in violation of § 665.19(e)(2). (d) Falsify or fail to make, keep, (p) Interfere with, tamper with, alter, maintain, or submit any logbook or damage, disable, or impede the oper- logbook form or other record or report ation of a VMS unit or attempt any of required under §§ 665.14 and 665.17. the same; or move or remove a VMS (e) Refuse to make available to an unit without the prior permission of authorized officer or a designee of the the SAC in violation of § 665.19(e)(3). Regional Administrator for inspection (q) Make a false statement, oral or or copying, any records that must be made available in accordance with written, to an authorized officer, re- § 665.14. garding the use, operation, or mainte- (f) Fail to affix or maintain vessel or nance of a VMS unit, in violation of gear markings, as required by §§ 665.16, § 665.19(e). 665.128, 665.228, 665.246, 665.428, 665.628, (r) Interfere with, impede, delay, or or 665.804. prevent the installation, maintenance, (g) Violate a term or condition of an repair, inspection, or removal of a VMS EFP issued under § 665.17. unit, in violation of § 665.19(e). (h) Fail to report any take of or (s) Interfere with, impede, delay, or interaction with protected species as prevent access to a VMS unit by a required by § 665.17(k). NMFS observer, in violation of (i) Fish without an observer on board § 665.808(f)(4). the vessel after the owner or agent of (t) Connect or leave connected addi- the owner has been directed by NMFS tional equipment to a VMS unit with- to make accommodations available for out the prior approval of the SAC, in an observer under §§ 665.17, 665.105, violation of § 665.19(f). 665.145, 665.207, 665.247, 665.407, 665.445, (u) Fail to comply with the restric- 665.606, 665.645, or 665.808. (j) Refuse to make accommodations tions specified in the notification available for an observer when so di- issued pursuant to § 665.4(f)(1), in viola- rected by the Regional Administrator tion of § 665.15(f)(2). under §§ 665.105, 665.145, 665.207, 665.247, [75 FR 2205, Jan. 14, 2010, as amended at 76 665.407, 665.445, 665.606, 665.645, or FR 37287, June 27, 2011; 84 FR 2769, Feb. 8, 665.808, or under any provision in an 2019] EFP issued under § 665.17.

412

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00422 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.17

§ 665.16 Vessel identification. the official number from an enforce- (a) Applicability. Each fishing vessel ment vessel or aircraft. subject to this part, except those iden- (e) The following fishing vessels are tified in paragraph (e) of this section, exempt from the vessel identification must be marked for identification pur- requirements in this section: poses, as follows: (1) A vessel registered for use under a (1) A vessel that is registered for use MHI non-commercial bottomfish per- with a valid permit issued under mit that is in compliance with State of § 665.801 and used to fish on the high Hawaii bottomfish vessel registration seas within the Convention Area as de- and marking requirements. fined in § 300.211 of this title must be (2) A vessel less than 40 ft (12.2 m) marked in accordance with the require- LOA registered for use under a CNMI ments at §§ 300.14 and 300.217 of this commercial bottomfish permit that is title. in compliance with CNMI bottomfish (2) A vessel that is registered for use vessel registration and marking re- with a valid permit issued under quirements. § 665.801 of this part and not used to fish [75 FR 2205, Jan. 14, 2010, as amended at 75 on the high seas within the Convention FR 3417, Jan. 21, 2010; 78 FR 33003, June 3, Area must be marked in accordance 2013; 78 FR 39583, July 2, 2013] with either: (i) Sections 300.14 and 300.217 of this § 665.17 Experimental fishing. title, or (a) General. The Regional Adminis- (ii) Paragraph (b) of this section. trator may authorize, for limited pur- (3) A vessel that is registered for use poses, the direct or incidental harvest with a valid permit issued under sub- of MUS or ECS that would otherwise be parts B through E and subparts G prohibited by this part. No experi- through I of this part must be marked mental fishing may be conducted un- in accordance with paragraph (b) of less authorized by an EFP issued by this section. the Regional Administrator in accord- (b) Identification. Each vessel subject ance with the criteria and procedures to this section must be marked as fol- specified in this section. EFPs will be lows: issued without charge. (1) The vessel’s official number must be affixed to the port and starboard (b) Observers. No experimental fishing sides of the deckhouse or hull, and on for crustacean MUS or ECS may be an appropriate weather deck, so as to conducted unless a NMFS observer is be visible from enforcement vessels and aboard the vessel. aircraft. Marking must be legible and (c) Application. An applicant for an of a color that contrasts with the back- EFP must submit to the Regional Ad- ground. ministrator at least 60 days before the (2) For fishing and receiving vessels desired date of the EFP a written ap- of 65 ft (19.8 m) LOA or longer, the offi- plication including, but not limited to, cial number must be displayed in block the following information: Arabic numerals at least 18 inches (45.7 (1) The date of the application. cm) in height, except that vessels in (2) The applicant’s name, mailing ad- precious coral fisheries that are 65 ft dress, and telephone number. (19.8 m) LOA or longer must be marked (3) A statement of the purposes and in block Arabic numerals at least 14 goals of the experiment for which an inches (35.6 cm) in height. EFP is needed, including a general de- (3) For all other vessels, the official scription of the arrangements for dis- number must be displayed in block Ar- position of all species harvested under abic numerals at least 10 inches (25.4 the EFP. cm) in height. (4) A statement of whether the pro- (c) The vessel operator must ensure posed experimental fishing has broader that the official number is clearly leg- significance than the applicant’s indi- ible and in good repair. vidual goals. (d) The vessel operator must ensure (5) For each vessel to be covered by that no part of the vessel, its rigging, the EFP: or its fishing gear obstructs the view of (i) Vessel name.

413

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00423 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.17 50 CFR Ch. VI (10–1–20 Edition)

(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. (e) Issuance. (1) If an application con- (iv) Activities to be conducted under tains all of the required information, the EFP would be inconsistent with NMFS will publish a notice of receipt the intent of this section or the man- of the application in the FEDERAL REG- agement objectives of the FEP. ISTER with a brief description of the proposal and will give interested per- (v) The applicant has failed to dem- sons an opportunity to comment. The onstrate a valid justification for the Regional Administrator will also for- permit. ward copies of the application to the (vi) The activity proposed under the Council, the USCG, and the fishery EFP would create a significant en- management agency of the affected forcement problem. state, accompanied by the following in- (4) The decision to grant or deny an formation: EFP is final and unappealable. If the (i) The current utilization of domes- permit is granted, NMFS will publish a tic annual harvesting and processing notice in the FEDERAL REGISTER de- capacity (including existing experi- scribing the experimental fishing to be mental harvesting, if any) of the di- conducted under the EFP. The Re- rected and incidental species for which gional Administrator may attach an EFP is being requested. terms and conditions to the EFP con- (ii) A citation of the regulation or sistent with the purpose of the experi- regulations that, without the EFP, ment including, but not limited to: would prohibit the proposed activity. (i) The maximum amount of each (iii) Biological information relevant species that can be harvested and land- to the proposal. ed during the term of the EFP, includ- (2) At a Council meeting following re- ing trip limits, where appropriate. ceipt of a complete application, the Re- (ii) The number, sizes, names, and gional Administrator will consult with identification numbers of the vessels the Council and the Director of the af- authorized to conduct fishing activities fected state fishery management agen- under the EFP. cy concerning the permit application. (iii) The times and places where ex- The applicant will be notified in ad- perimental fishing may be conducted.

414

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00424 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.18

(iv) The type, size, and amount of § 665.18 Framework adjustments to gear which may be used by each vessel management measures. operated under the EFP. Framework measures described (v) The condition that observers be below for each specific fishery are valid carried aboard vessels operating under for all management areas, except an EFP. where specifically noted in this sec- (vi) Data reporting requirements. tion. (vii) Such other conditions as may be (a) Pelagic measures—(1) Introduction. necessary to assure compliance with Adjustments in management measures the purposes of the EFP consistent may be made through rulemaking if with the objectives of the FEP. new information demonstrates that (f) Duration. Unless otherwise speci- there are biological, social, or eco- fied in the EFP or a superseding notice nomic concerns in the fishery. The fol- or regulation, an EFP is effective for lowing framework process authorizes no longer than one (1) year from the the implementation of measures that may affect the operation of the fish- date of issuance, unless revoked, sus- eries, gear, harvest guidelines, or pended, or modified. EFPs may be re- changes in catch and/or effort. newed following the application proce- (2) Annual report. By June 30 of each dures in this section. year, the Council-appointed pelagics (g) Alteration. Any EFP that has been monitoring team will prepare an an- altered, erased, or mutilated is invalid. nual report on the fisheries in the man- (h) Transfer. EFPs issued under sub- agement area. The report shall con- parts B through F of this part are not tain, among other things, recommenda- transferable or assignable. An EFP is tions for Council action and an assess- valid only for the vessel(s) for which it ment of the urgency and effects of such is issued. action(s). (i) Inspection. Any EFP issued under (3) Procedure for established measures. subparts B through F of this part must (i) Established measures are regula- be carried aboard the vessel(s) for tions for which the impacts have been which it was issued. The EFP must be evaluated in Council or NMFS docu- presented for inspection upon request ments in the context of current condi- of any authorized officer. tions. (j) Sanctions. Failure of the holder of (ii) The Council may recommend to an EFP to comply with the terms and the Regional Administrator that estab- conditions of an EFP, the provisions of lished measures be modified, removed, subparts A through F of this part, any or reinstituted. Such recommendation other applicable provision of this part, shall include supporting rationale and the Magnuson-Stevens Act, or any analysis, and shall be made after ad- other regulation promulgated there- vance public notice, public discussion, under, is grounds for revocation, sus- and consideration of public comment. pension, or modification of the EFP NMFS may implement the Council’s with respect to all persons and vessels recommendation by rulemaking if ap- conducting activities under the EFP. proved by the Regional Administrator. Any action taken to revoke, suspend, (4) Procedure for new measures. (i) New or modify an EFP will be governed by measures are regulations for which the 15 CFR part 904 subpart D. Other sanc- impacts have not been evaluated in tions available under the statute will Council or NMFS documents in the be applicable. context of current conditions. (ii) The Council will publicize, in- (k) Protected species. Persons fishing cluding by FEDERAL REGISTER notice, under an EFP must report any inci- and solicit public comment on, any dental take or fisheries interaction proposed new management measure. with protected species on a form pro- After a Council meeting at which the vided for that purpose. Reports must be measure is discussed, the Council will submitted to the Regional Adminis- consider recommendations and prepare trator within 3 days of arriving in port. a FEDERAL REGISTER notice summa- [75 FR 2205, Jan. 14, 2010, as amended at 84 rizing the Council’s deliberations, ra- FR 2769, Feb. 8, 2019] tionale, and analysis for the preferred

415

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00425 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.18 50 CFR Ch. VI (10–1–20 Edition)

action, and the time and place for any prepare a FEDERAL REGISTER document subsequent Council meeting(s) to con- summarizing the Council’s delibera- sider the new measure. At subsequent tions, rationale, and analysis for the public meeting(s), the Council will con- preferred action, and the time and sider public comments and other infor- place for any subsequent Council meet- mation received to make a rec- ing(s) to consider the new measure. At ommendation to the Regional Adminis- subsequent public meeting(s), the trator about any new measure. NMFS Council will consider public comments may implement the Council’s rec- and other information received to ommendation by rulemaking if ap- make a recommendation to the Re- proved by the Regional Administrator. gional Administrator about any new (b) Crustacean measures—(1) Introduc- measure. NMFS may implement the tion. New management measures may Council’s recommendation by rule- be added through rulemaking if new in- making if approved by the Regional formation demonstrates that there are Administrator. biological, social, or economic con- (c) Bottomfish measures—(1) Annual re- cerns in Permit Areas 1, 2, or 3. The ports. By June 30 of each year, a Coun- following framework process author- cil-appointed bottomfish monitoring izes the implementation of measures team will prepare an annual report on that may affect the operation of the the fishery by area covering the fol- fisheries, gear, harvest guidelines, or lowing topics: changes in catch and/or effort. (i) Fishery performance data. (2) Annual report. By June 30 of each (ii) Summary of recent research and year, the Council-appointed team will survey results. prepare an annual report on the fish- (iii) Habitat conditions and recent al- eries in the management area. The re- terations. port shall contain, among other things, (iv) Enforcement activities and prob- recommendations for Council action lems. and an assessment of the urgency and (v) Administrative actions (e.g., data effects of such action(s). collection and reporting, permits). (3) Procedure for established measures. (vi) State and territorial manage- (i) Established measures are regula- ment actions. tions for which the impacts have been (vii) Assessment of need for Council evaluated in Council or NMFS docu- action (including biological, economic, ments in the context of current condi- social, enforcement, administrative, tions. and state/Federal needs, problems, and (ii) The Council may recommend to trends). Indications of potential prob- the Regional Administrator that estab- lems warranting further investigation lished measures be modified, removed, may be signaled by the following indi- or reinstituted. Such recommendation cator criteria: shall include supporting rationale and analysis, and shall be made after ad- (A) Mean size of the catch of any spe- vance public notice, public discussion, cies in any area is a pre-reproductive and consideration of public comment. size. NMFS may implement the Council’s (B) Ratio of fishing mortality to nat- recommendation by rulemaking if ap- ural mortality for any species. proved by the Regional Administrator. (C) Harvest capacity of the existing (4) Procedure for new measures. (i) New fleet and/or annual landings exceed measures are regulations for which the best estimate of MSY in any area. impacts have not been evaluated in (D) Significant decline (50 percent or Council or NMFS documents in the more) in bottomfish catch per unit of context of current conditions. effort from baseline levels. (ii) The Council will publicize, in- (E) Substantial decline in ex-vessel cluding by a FEDERAL REGISTER docu- revenue relative to baseline levels. ment, and solicit public comment on, (F) Significant shift in the relative any proposed new management meas- proportions of gear in any one area. ure. After a Council meeting at which (G) Significant change in the frozen/ the measure is discussed, the Council fresh components of the bottomfish will consider recommendations and catch.

416

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00426 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.18

(H) Entry/exit of fishermen in any proposed action, a written explanation area. for the denial will be provided to the (I) Per-trip costs for bottomfish fish- Council within 2 weeks of the decision. ing exceed per-trip revenues for a sig- (iii) The Council may appeal a denial nificant percentage of trips. by writing to the Assistant Adminis- (J) Significant decline or increase in trator, who must respond in writing total bottomfish landings in any area. within 30 days. (K) Change in species composition of (iv) The Regional Administrator and the bottomfish catch in any area. the Assistant Administrator will make (L) Research results. their decisions in accord with the Mag- (M) Habitat degradation or environ- nuson-Stevens Act, other applicable mental problems. law, and the bottomfish measures of (N) Reported interactions between the FEPs. bottomfish fishing operations and pro- (v) To minimize conflicts between tected species in the NWHI. the Federal and state management sys- (viii) Recommendations for Council tems, the Council will use the proce- action. dures in paragraph (c)(2) of this section (ix) Estimated impacts of rec- to respond to state/territorial manage- ommended action. ment actions. Council consideration of (2) Recommendation of management ac- action would normally begin with a tion. (i) The team may present manage- representative of the state or terri- ment recommendations to the Council torial government bringing a potential at any time. Recommendations may or actual management conflict or need cover actions suggested for Federal to the Council’s attention. regulations, state/territorial action, (4) Access limitation procedures. (i) Ac- enforcement or administrative ele- cess limitation may be adopted under ments, and research and data collec- this paragraph (c)(4) only for the tion. Recommendations will include an NWHI, American Samoa, and Guam. assessment of urgency and the effects of not taking action. (ii) If access limitation is proposed (ii) The Council will evaluate the for adoption or subsequent modifica- team’s reports and recommendations, tion through the process described in and the indicators of concern. The this paragraph (c)(4), the following re- Council will assess the need for one or quirements must be met: more of the following types of manage- (A) The bottomfish monitoring team ment action: Catch limits, size limits, must consider and report to the Coun- closures, effort limitations, access lim- cil on present participation in the fish- itations, or other measures. ery; historical fishing practices in, and (iii) The Council may recommend dependence on, the fishery; economics management action by either the state/ of the fishery; capability of fishing ves- territorial governments or by Federal sels used in the fishery to engage in regulation. other fisheries; cultural and social (3) Federal management action. (i) If framework relevant to the fishery; and the Council believes that management any other relevant considerations. action should be considered, it will (B) 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 (C) 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. (ii) The Regional Administrator will (D) The Council’s recommendation to consider the Council’s recommendation 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 (5) 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

417

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00427 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.18 50 CFR Ch. VI (10–1–20 Edition)

access program 5 years following im- ure. After a Council meeting at which plementation of the program. The the measure is discussed, the Council Council will consider the extent to will consider recommendations and which the FEP objectives have been prepare a FEDERAL REGISTER document met and verify that the target number summarizing the Council’s delibera- of vessels established for the fishery is tions, rationale, and analysis for the appropriate for current fishing activity preferred action and the time and place levels, catch rates, and biological con- for any subsequent Council meeting(s) dition of the stocks. The Council may to consider the new measure. At a sub- establish a new target number based on sequent public meeting, the Council the 5-year review. will consider public comments and (d) Precious coral measures—(1) Intro- other information received before mak- duction. Established management ing a recommendation to the Regional measures may be revised and new man- Administrator about any new measure. agement measures may be established If approved by the Regional Adminis- and/or revised through rulemaking if trator, NMFS may implement the new information demonstrates that Council’s recommendation by rule- there are biological, social, or eco- making. nomic concerns in a precious coral per- (e) Coral reef ecosystem measures—(1) mit area. The following framework Procedure for established measures. (i) process authorizes the implementation Established measures are regulations of measures that may affect the oper- for which the impacts have been evalu- ation of the fisheries, gear, quotas, sea- ated in Council or NMFS documents in son, or levels of catch and/or in effort. the context of current conditions. (2) Annual report. By June 30 of each (ii) The Council may recommend to year, the Council-appointed precious the Regional Administrator that estab- coral team will prepare an annual re- lished measures be modified, removed, port on the fisheries in the manage- or reinstituted. Such recommendation ment area. The report will contain, shall include supporting rationale and among other things, recommendations analysis, and shall be made after ad- for Council action and an assessment of vance public notice, public discussion the urgency and effects of such action(s). and consideration of public comment. (3) Procedure for established measures. NMFS may implement the Council’s (i) Established measures are regula- recommendation by rulemaking if ap- tions for which the impacts have been proved by the Regional Administrator. evaluated in Council or NMFS docu- (2) Procedure for new measures. (i) New ments in the context of current condi- measures are regulations for which the tions. impacts have not been evaluated in (ii) The Council may recommend to Council or NMFS documents in the the Regional Administrator that estab- context of current conditions. New lished measures be modified, removed, measures include, but are not limited or reinstituted. Such recommendation to, catch limits, resource size limits, will include supporting rationale and closures, effort limitations, reporting analysis and will be made after ad- and recordkeeping requirements. vance public notice, public discussion, (ii) The Regional Administrator will and consideration of public comment. publicize, including by FEDERAL REG- NMFS may implement the Council’s ISTER notice, and solicit public com- recommendation by rulemaking if ap- ment on, any proposed new manage- proved by the Regional Administrator. ment measure. After a Council meeting (4) Procedure for new measures. (i) New at which the measure is discussed, the measures are regulations for which the Council will consider recommendations impacts have not been evaluated in and prepare a document summarizing Council or NMFS documents in the the Council’s deliberations, rationale, context of current conditions. and analysis for the preferred action, (ii) The Council will publicize, in- and the time and place for any subse- cluding by a FEDERAL REGISTER docu- quent Council meeting(s) to consider ment, and solicit public comment on, the new measure. At subsequent public any proposed new management meas- meeting(s), the Council will consider

418

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00428 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.19

public comments and other informa- will make specific recommendations to tion received to make a recommenda- the Regional Administrator after con- tion to the Regional Administrator sidering the views of its advisory bod- about any new measure. NMFS may ies. implement the Council’s recommendation by rulemaking if approved by the § 665.19 Vessel monitoring system. Regional Administrator. (a) Applicability. The holder of any of (A) The Regional Administrator will the following permits is subject to the consider the Council’s recommendation vessel monitoring system requirements and supporting rationale and analysis, in this part: and, if the Regional Administrator con- (1) Hawaii longline limited access curs with the Council’s recommenda- permit issued pursuant to § 665.801(b); tion, will propose regulations to carry (2) American Samoa longline limited out the action. If the Regional Admin- entry permit, for vessel size Class C or istrator rejects the Council’s proposed D, issued pursuant to § 665.801(c); action, the Regional Administrator (3) Vessels permitted to fish in Crus- will provide a written explanation for tacean Permit Area 1 VMS Subarea; or the denial within 2 weeks of the deci- (4) CNMI commercial bottomfish per- sion. mit, if the vessel is a medium or large (B) The Council may appeal a denial bottomfish vessel, issued pursuant to by writing to the Assistant Adminis- § 665.404(a)(2). trator, who must respond in writing (b) VMS unit. Only a VMS unit owned within 30 days. by NMFS and installed by NMFS com- (C) The Regional Administrator and plies with the requirement of this sub- the Assistant Administrator will make part. their decisions in accordance with the (c) Notification. After a permit holder Magnuson-Stevens Act, other applica- subject to § 665.19(a) has been notified ble laws, and the FEPs. by the SAC of a specific date for instal- (D) To minimize conflicts between lation of a VMS unit on the permit the Federal and state/territorial/com- holder’s vessel, the vessel must carry monwealth management systems, the and operate the VMS unit after the Council will use the procedures in this date scheduled for installation. paragraph (e)(2)(ii) to respond to state/ (d) Fees and charges. During the ex- territorial/commonwealth management perimental VMS program, the holder of actions. The Council’s consideration of a permit subject to § 665.19(a) shall not action would normally begin with a be assessed any fee or other charges to representative of the state, territorial obtain and use a VMS unit, including or commonwealth government bringing the communication charges related di- a potential or actual management con- rected to requirements under this sec- flict or need to the Council’s attention. tion. Communication charges related (3) Annual report. By July 31 of each to any additional equipment attached year, a Council-appointed coral reef to the VMS unit by the owner or oper- ecosystem monitoring team will pre- ator shall be the responsibility of the pare an annual report on coral reef owner or operator and not NMFS. fisheries of the western Pacific region. (e) Permit holder duties. The holder of The report will contain, among other a permit subject to § 665.19(a) and mas- things: ter of the vessel must: (i) Fishery performance data, sum- (1) Provide opportunity for the SAC maries of new information and assess- to install and make operational a VMS ments of need for Council action. unit after notification. (ii) Recommendation for Council ac- (2) Carry and continuously operate tion. The Council will evaluate the an- the VMS unit on board whenever the nual report and advisory body rec- vessel is at sea. ommendations and may recommend (3) Not remove, relocate, or make management action by either the state/ non-operational the VMS unit without territorial/commonwealth governments prior approval from the SAC. or by Federal regulation. (f) Authorization by the SAC. The SAC (iii) If the Council believes that man- has authority over the installation and agement action should be considered, it operation of the VMS unit. The SAC

419

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00429 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.20 50 CFR Ch. VI (10–1–20 Edition)

may authorize the connection or order (2) A description and justification for the disconnection of additional equip- the specific fishing activity being pro- ment, including a computer, to any posed, including: VMS unit when deemed appropriate by (i) Location of the proposed fishing the SAC. activity. (ii) Management unit species to be § 665.20 Western Pacific Community harvested, and any potential bycatch. Development Program. (iii) Gear type(s) to be used. (a) General. In accordance with the (iv) Frequency and duration of the criteria and procedures specified in proposed fishing activity. this section, the Regional Adminis- (3) A statement describing the degree trator may authorize the direct or inci- of involvement by the indigenous com- dental harvest of management unit munity members, including the name, species that would otherwise be prohib- address, telephone and other contact ited by this part. information of each individual con- (b) Eligibility. To be eligible to par- ducting the proposed fishing activity. ticipate in the western Pacific commu- (4) A description of how the community development program, a community and or its members meet each of nity must meet the following criteria: the eligibility criteria in paragraph (b) (1) Be located in American Samoa, of this section. Guam, Hawaii, or the Northern Mar- (5) If a vessel is to be used by the iana Islands (collectively, the western community to conduct fishing activi- Pacific); ties, for each vessel: (2) Consist of community residents (i) Vessel name and official number descended from aboriginal people indig- (USCG documentation, state, territory, enous to the western Pacific who con- or other registration number). ducted commercial or subsistence fish- (ii) Vessel length overall, displace- ing using traditional fishing practices ment, and fish holding capacity. in the waters of the western Pacific; (iii) Any valid federal fishing permit (3) Consist of individuals who reside number(s). in their ancestral homeland; (iv) Name, address, and telephone (4) Have knowledge of customary number of the vessel owner(s) and oper- practices relevant to fisheries of the ator(s). western Pacific; (d) Council review. The Council will (5) Have a traditional dependence on review each community development fisheries of the western Pacific; plan to ensure that it meets the intent of the Magnuson-Stevens Act and con- (6) Are currently experiencing eco- tains all required information. The nomic or other constraints that have Council may consider advice of its ad- prevented full participation in the visory panels in conducting this re- western Pacific fisheries and, in recent view. If the Council finds the commu- years, have not had harvesting, proc- nity development plan is complete, it essing or marketing capability suffi- will transmit the plan to the Regional cient to support substantial participa- Administrator for review. tion in fisheries in the area; and (e) Agency review and approval. (1) (7) Develop and submit a community Upon receipt of a community develop- development plan to the Council and ment plan from the Council, the Re- the NMFS that meets the requirements gional Administrator will review the in paragraph (c) of this section. plan for consistency with paragraphs (c) Community development plan. An (b), (c), and (d) of this section, and eligible community seeking access to a other applicable laws. The Regional fishery under the authority of the Administrator may request from the Council and NMFS must submit to the applicant additional information nec- Council a community development essary to make the determinations plan that includes, but is not limited pursuant to this section and other ap- to, the following information: plicable laws before proceeding with (1) A statement of the purposes and the review pursuant to paragraph (e)(2) goals of the plan. of this section.

420

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00430 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.98

(2) If the Regional Administrator de- conditions to the authorization includ- termines that a plan contains the re- ing, but not limited to, the following: quired information and is consistent (i) The maximum amount of each with paragraphs (b), (c), and (d) of this management unit species and potential section, and other applicable laws, bycatch species that may be harvested NMFS will publish a notice in the FED- and landed during the term of the au- ERAL REGISTER to solicit public com- thorization. ment on the proposed plan and any as- (ii) The number, sizes, names, identi- sociated environmental review docu- fication numbers, and federal permit ments. The notice will include the fol- numbers of the vessels authorized to lowing: conduct fishing activities. (i) A description of the fishing activ- (iii) Type, size, and amount of gear ity to be conducted. used by each vessel, including trip lim- (ii) The current utilization of domes- its. tic annual harvesting and processing (iv) The times and places where fish- capacity (including existing experi- ing may or may not be conducted. mental harvesting, if any) of the tar- (v) Notification, observer, vessel get, incidental, and bycatch species. monitoring, and reporting require- (iii) A summary of any regulations ments. that would otherwise prohibit the pro- (f) Duration. Unless otherwise speci- posed fishing activity. fied, and unless revoked, suspended, or (iv) Biological and environmental in- modified, a plan may be effective for no formation relevant to the plan, includ- longer than five years. ing appropriate statements of environ- (g) Transfer. Plans authorized under mental impacts on target and non-tar- this section are not transferable or as- get stocks, marine mammals, and signable. threatened or endangered species. (h) Sanctions. The Regional Adminis- (3) Within 90 days from the end of the trator may revoke, suspend or modify a comment period on the plan, the Re- community development plan in the gional Administrator will notify the case of failure to comply with the applicant in writing of the decision to terms and conditions of the plan, any approve or disapprove the plan. other applicable provision of this part, the Magnuson-Stevens Act, or other (4) If disapproved, the Regional Ad- applicable laws. ministrator will provide the reasons for (i) Program review. NMFS and the the plan’s disapproval and provide the Council will periodically review and as- community with the opportunity to sess each plan. If fishery, environ- modify the plan and resubmit it for re- mental, or other conditions have view. Reasons for disapproval may in- changed such that the plan’s goals or clude, but are not limited to, the fol- requirements are not being met, or the lowing: fishery has become in an overfished (i) The applicant failed to disclose state or overfishing is occurring, the material information or made false Regional Administrator may revoke, statements related to the plan. suspend, or modify the plan. (ii) The harvest would contribute to overfishing or would hinder the recov- [75 FR 54046, Sept. 3, 2010] ery of an overfished stock, according to the best scientific information avail- Subpart B—American Samoa able. Fisheries (iii) The activity would be inconsistent with an applicable law. § 665.98 Management area. (iv) The activity would create a sig- The American Samoa fishery man- nificant enforcement, monitoring, or agement area is the EEZ seaward of administrative problem, as determined the Territory of American Samoa with by the Regional Administrator. the inner boundary coterminous with (5) If approved, the Regional Admin- the seaward boundaries of the Terri- istrator will publish a notice of the au- tory of American Samoa and the outer thorization in the FEDERAL REGISTER, boundary designated as a line drawn in and may attach limiting terms and such a manner that each point on it is

421

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00431 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.99 50 CFR Ch. VI (10–1–20 Edition)

200 nautical miles from the baseline § 665.104 Gear restrictions. from which the territorial sea is meas- (a) Bottom trawls and bottom set ured, or is coterminous with adjacent international maritime boundaries. gillnets. Fishing for American Samoa bottomfish MUS or ECS with bottom § 665.99 Area restrictions. trawls and bottom set gillnets is prohibited. Fishing is prohibited in all no-take (b) Possession of gear. The possession MPAs. The following U.S. EEZ waters of a bottom trawl or bottom set gillnet around American Samoa are no-take MPAs: Landward of the 50 fm (91.5 m) within the American Samoa fishery curve around Rose Atoll, as depicted on management area is prohibited. National Ocean Survey Chart Number (c) Poisons and explosives. The posses- 83484. sion or use of any poisons, explosives, or intoxicating substances for the pur- § 665.100 American Samoa bottomfish pose of harvesting bottomfish is pro- fisheries. [Reserved] hibited.

§ 665.101 Definitions. [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2770, Feb. 8, 2019] As used in §§ 665.100 through 665.119: American Samoa bottomfish ecosystem § 665.105 At-sea observer coverage. component species (American Samoa All fishing vessels subject to §§ 665.100 bottomfish ECS) means those species through 665.105 must carry an observer identified as ECS in the American when directed to do so by the Regional Samoa FEP and not defined as Amer- Administrator. ican Samoa bottomfish MUS. American Samoa bottomfish manage- §§ 665.106–665.119 [Reserved] ment unit species (American Samoa bottomfish MUS) means the following § 665.120 American Samoa coral reef species: ecosystem fisheries. [Reserved]

Local name Common name Scientific name § 665.121 Definitions. palu-gutusiliva ...... red snapper, Aphareus rutilans. As used in §§ 665.120 through 665.139, silvermouth. American Samoa coral reef ecosystem com- asoama ...... gray snapper, Aprion virescens. jobfish. ponent species (American Samoa coral tafauli ...... black trevally, jack Caranx lugubris. reef ECS) means those species identified papa, velo ...... lunartail grouper ... Variola louti. as ECS in the American Samoa FEP palu malau ...... red snapper ...... Etelis carbunculus. and not defined as MUS or another ECS palu-loa ...... red snapper ...... Etelis coruscans. filoa-paomumu ...... redgill emperor ..... Lethrinus in this subpart. rubrioperculatus. savane ...... blueline snapper ... Lutjanus kasmira. [84 FR 2770, Feb. 8, 2019] palu-e`na e`na ...... pink snapper ...... Pristipomoides filamentosus. § 665.122 [Reserved] palu-sina ...... yelloweye snapper Pristipomoides flavipinnis. § 665.123 Relation to other laws. palu-ula, palu-sega Snapper ...... Pristipomoides zonatus. To ensure consistency between the management regimes of different Fed- [84 FR 2769, Feb. 8, 2019] eral agencies with shared management responsibilities of fishery resources § 665.102 [Reserved] within the American Samoa fishery management area, fishing for Amer- § 665.103 Prohibitions. ican Samoa coral reef ECS is not al- In addition to the general prohibi- lowed within the boundary of a Na- tions specified in § 600.725 of this chap- tional Wildlife Refuge unless specifi- ter and § 665.15, it is unlawful for any cally authorized by the USFWS, re- person to fish for American Samoa gardless of whether that refuge was es- bottomfish MUS or ECS using gear pro- tablished by action of the President or hibited under § 665.104. the Secretary of the Interior. [84 FR 2770, Feb. 8, 2019] [84 FR 2770, Feb. 8, 2019]

422

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00432 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.124

§ 665.124 Permits and fees. under this section must complete and (a) Applicability. Unless otherwise submit to the Regional Administrator, specified in this subpart, § 665.13 applies a Special Coral Reef Ecosystem Fish- to coral reef ecosystem permits. ing Permit Application Form issued by (1) Special permit. Any person of the NMFS. Information in the application United States fishing for, taking or re- form must include, but is not limited taining American Samoa coral reef to, a statement describing the objec- ECS must have a special permit if they tives of the fishing activity for which a fish, or if a vessel which they operate is special permit is needed, including a used to fish, for any: general description of the expected dis- (i) American Samoa coral reef ECS in position of the resources harvested low-use MPAs as defined in § 665.99; under the permit (i.e., stored live, (ii) American Samoa coral reef ECS fresh, frozen, preserved; sold for food, in the coral reef ecosystem manage- ornamental, research, or other use; and ment area; or a description of the planned fishing op- (iii) American Samoa coral reef ECS eration, including location of fishing in the coral reef ecosystem manage- and gear operation, amount and species ment area with any gear not specifi- (directed and incidental) expected to be cally allowed in this subpart. harvested and estimated habitat and (2) Transshipment permit. A receiving protected species impacts). vessel must be registered for use with a (2) Incomplete applications. The Re- transshipment permit if that vessel is used in the American Samoa coral reef gional Administrator may request from ecosystem management area to land or an applicant additional information transship American Samoa coral reef necessary to make the determinations ECS harvested within low-use MPAs. required under this section. An appli- (3) Exceptions. The following persons cant will be notified of an incomplete are not required to have a permit under application within 10 working days of this section: receipt of the application. An incom- (i) Any person issued a permit to fish plete application will not be considered under any FEP who incidentally until corrected and completed in writ- catches American Samoa coral reef ing. ECS while fishing for bottomfish MUS (3) Issuance. (i) If an application con- or ECS, crustacean ECS, western Pa- tains all of the required information, cific pelagic MUS, precious coral ECS, the Regional Administrator will for- or seamount groundfish MUS; ward copies of the application within 30 (ii) Any person fishing for American days to the Council, the USCG, the Samoa coral reef ECS outside of an fishery management agency of the af- MPA, who does not retain any Amer- fected state, and other interested par- ican Samoa coral reef ECS; and ties who have identified themselves to (iii) Any person collecting marine or- the Council, and the USFWS. ganisms for scientific research as de- (ii) Within 60 days following receipt scribed in § 665.17, or § 600.745 of this of a complete application, the Regional chapter. Administrator will consult with the (b) Validity. Each permit will be valid Council through its Executive Direc- for fishing only in the fishery manage- tor, USFWS, and the Director of the af- ment area specified on the permit. (c) General requirements. General re- fected state fishery management agen- quirements governing application in- cy concerning the permit application formation, issuance, fees, expiration, and will receive their recommenda- replacement, transfer, alteration, dis- tions for approval or disapproval of the play, sanctions, and appeals for per- application based on: mits are contained in § 665.13. (A) Information provided by the ap- (d) Special permit. The Regional Ad- plicant; ministrator shall issue a special permit (B) The current domestic annual har- in accordance with the criteria and vesting and processing capacity of the procedures specified in this section. directed and incidental species for (1) Application. An applicant for a which a special permit is being re- special or transshipment permit issued quested;

423

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00433 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.124 50 CFR Ch. VI (10–1–20 Edition)

(C) The current status of resources to (C) Issuance of the special permit be harvested in relation to the over- would inequitably allocate fishing fishing definition in the FEP; privileges among domestic fishermen (D) Estimated ecosystem, habitat, or would have economic allocation as and protected species impacts of the its sole purpose. proposed activity; and (D) The method or amount of harvest (E) Other biological and ecological in the season and/or location stated on information relevant to the proposal. the permit is considered inappropriate The applicant will be provided with an based on previous human or natural opportunity to appear in support of the impacts in the given area. application. (E) NMFS has determined that the (iii) Following a review of the Coun- maximum number of permits for a cil’s recommendation and supporting given area in a given season has been rationale, the Regional Administrator reached and allocating additional per- may: mits in the same area would be detri- (A) Concur with the Council’s rec- mental to the resource. ommendation and, after finding that it (F) The activity proposed under the is consistent with the goals and objec- special permit would create a signifi- tives of the FEP, the national stand- cant enforcement problem. ards, the Endangered Species Act, and (vi) The Regional Administrator may other applicable laws, approve or deny attach conditions to the special per- a special permit; or mit, if it is granted, consistent with (B) Reject the Council’s rec- the management objectives of the FEP, ommendation, in which case, written including, but not limited to: (A) The reasons will be provided by the Re- maximum amount of each resource gional Administrator to the Council for that can be harvested and landed dur- the rejection. ing the term of the special permit, in- (iv) If the Regional Administrator cluding trip limits, where appropriate. does not receive a recommendation (B) The times and places where fish- from the Council within 60 days of ing may be conducted. Council receipt of the permit applica- (C) The type, size, and amount of tion, the Regional Administrator can gear which may be used by each vessel make a determination of approval or operated under the special permit. denial independently. (D) Data reporting requirements. (v) Within 30 working days after the (E) Such other conditions as may be consultation in paragraph (d)(3)(ii) of necessary to ensure compliance with this section, or as soon as practicable the purposes of the special permit con- thereafter, NMFS will notify the appli- sistent with the objectives of the FEP. cant in writing of the decision to grant (4) Appeals of permit actions. (i) Except or deny the special permit and, if de- as provided in subpart D of 15 CFR part nied, the reasons for the denial. 904, any applicant for a permit or a per- Grounds for denial of a special permit mit holder may appeal the granting, include the following: denial, conditioning, or suspension of (A) The applicant has failed to dis- their permit or a permit affecting their close material information required, or interests to the Regional Adminis- has made false statements as to any trator. In order to be considered by the material fact, in connection with his or Regional Administrator, such appeal her application. must be in writing, must state the ac- (B) According to the best scientific tion(s) appealed, and the reasons there- information available, the directed or fore, and must be submitted within 30 incidental catch in the season or loca- days of the original action(s) by the tion specified under the permit would Regional Administrator. The appellant detrimentally affect any coral reef re- may request an informal hearing on source or coral reef ecosystem in a sig- the appeal. nificant way, including, but not lim- (ii) Upon receipt of an appeal author- ited to issues related to, spawning ized by this section, the Regional Ad- grounds or seasons, protected species ministrator will notify the permit ap- interactions, EFH, and habitat areas of plicant, or permit holder, as appro- particular concern (HAPC). priate, and will request such additional

424

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00434 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.126

information and in such form as will (5) The Regional Administrator may, allow action upon the appeal. Upon re- for good cause, extend any time limit ceipt of sufficient information, the Re- prescribed in this section for a period gional Administrator will rule on the not to exceed 30 days either upon his or appeal in accordance with the permit her own motion or upon written re- eligibility criteria set forth in this sec- quest from the Council, appellant or tion and the FEP, as appropriate, based applicant stating the reason(s) there- upon information relative to the appli- fore. cation on file at NMFS and the Council [75 FR 2205, Jan. 14, 2010, as amended at 84 and any additional information, the FR 2770, Feb. 8, 2019] summary record kept of any hearing and the hearing officer’s recommended § 665.125 Prohibitions. decision, if any, and such other consid- In addition to the general prohibi- erations as deemed appropriate. The tions specified in § 600.725 of this chap- Regional Administrator will notify all ter and § 665.15 of this part, it is unlaw- interested persons of the decision, and ful for any person to do any of the fol- the reasons therefore, in writing, nor- lowing: mally within 30 days of the receipt of (a) Fish for, take, retain, possess or sufficient information, unless addi- land any American Samoa coral reef tional time is needed for a hearing. ecosystem ECS in any low-use MPA as (iii) If a hearing is requested, or if defined in § 665.99 unless: the Regional Administrator determines (1) A valid permit has been issued for that one is appropriate, the Regional the hand harvester or the fishing vessel Administrator may grant an informal operator that specifies the applicable hearing before a hearing officer des- area of harvest; ignated for that purpose after first giv- (2) A permit is not required, as out- ing notice of the time, place, and sub- lined in § 665.124; or ject matter of the hearing in the FED- (3) The American Samoa coral reef ERAL REGISTER. Such a hearing shall ECS possessed on board the vessel normally be held no later than 30 days originated outside the management following publication of the notice in area, and this can be demonstrated the FEDERAL REGISTER, unless the through receipts of purchase, invoices, hearing officer extends the time for fishing logbooks or other documenta- reasons deemed equitable. The appel- tion. lant, the applicant (if different), and, (b) Fish for, take, or retain any at the discretion of the hearing officer, American Samoa coral reef ECS: other interested parties, may appear (1) That is determined overfished personally and/or be represented by with subsequent rulemaking by the Re- counsel at the hearing and may submit gional Administrator; information and present arguments as (2) By means of gear or methods pro- determined appropriate by the hearing hibited under § 665.127; officer. Within 30 days of the last day (3) In a low-use MPA without a valid of the hearing, the hearing officer shall special permit; or recommend in writing a decision to the (4) In violation of any permit issued Regional Administrator. under §§ 665.13, 665.123, or 665.124. (iv) The Regional Administrator may (c) Fish for, take, or retain any wild adopt the hearing officer’s rec- live rock or live hard coral except ommended decision, in whole or in under a valid special permit for sci- part, or may reject or modify it. In any entific research, aquaculture seed event, the Regional Administrator will stock collection or traditional and cer- notify interested persons of the deci- emonial purposes by indigenous people. sion, and the reason(s) therefore, in writing, within 30 days of receipt of the [75 FR 2205, Jan. 14, 2010, as amended at 84 hearing officer’s recommended deci- FR 2770, Feb. 8, 2019] sion. The Regional Administrator’s action constitutes final action for the § 665.126 Notifications. agency for the purposes of the Admin- Any special permit holder subject to istrative Procedure Act. the requirements of this subpart must

425

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00435 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.127 50 CFR Ch. VI (10–1–20 Edition)

contact the appropriate NMFS enforce- the water by any vessel or person hold- ment agent in American Samoa, Guam, ing a permit under § 665.13 or § 665.124 or or Hawaii at least 24 hours before land- that is otherwise established to be fishing any American Samoa coral reef ing for American Samoa coral reef eco- ECS harvested under a special permit system ECS in the management area. and report the port and the approxi- (b) Enforcement action. (1) Traps not mate date and time at which the catch marked in compliance with paragraph will be landed. (a) of this section and found deployed [84 FR 2770, Feb. 8, 2019] in the coral reef ecosystem management area will be considered unclaimed § 665.127 Allowable gear and gear re- or abandoned property, and may be dis- strictions. posed of in any manner considered ap- (a) American Samoa coral reef ECS propriate by NMFS or an authorized of- may be taken only with the following ficer. allowable gear and methods: (2) Unattended surround nets or bait (1) Hand harvest; seine nets found deployed in the coral (2) Spear; reef ecosystem management area will (3) Slurp gun; be considered unclaimed or abandoned (4) Hand net/dip net; property, and may be disposed of in (5) Hoop net for Kona crab; any manner considered appropriate by (6) Throw net; NMFS or an authorized officer. (7) Barrier net; [75 FR 2205, Jan. 14, 2010, as amended at 84 (8) Surround/purse net that is at- FR 2770, Feb. 8, 2019] tended at all times; (9) Hook-and-line (includes handline §§ 665.129–665.139 [Reserved] (powered or not), rod-and-reel, and trolling); § 665.140 American Samoa Crustacean Fisheries. [Reserved] (10) Crab and fish traps with vessel ID number affixed; and (11) Remote-oper- § 665.141 Definitions. ating vehicles/submersibles. (b) American Samoa coral reef ECS As used in §§ 665.140 through 665.159: may not be taken by means of poisons, American Samoa crustacean ecosystem explosives, or intoxicating substances. component species (American Samoa crus- Possession or use of these materials by tacean ECS) means those species identi- any permit holder under this subpart fied as ECS in the American Samoa who is established to be fishing for FEP. coral reef ECS in the management area Crustacean Permit Area 3 (Permit Area is prohibited. 3) includes the EEZ around American (c) Existing FEP fisheries shall fol- Samoa. low the allowable gear and methods [75 FR 2205, Jan. 14, 2010, as amended at 84 outlined in their respective plans. FR 2770, Feb. 8, 2019] (d) Any person who intends to fish with new gear not included in this sec- § 665.142 Permits. tion must describe the new gear and its (a) Applicability. (1) The owner of any method of deployment in the special vessel used to fish for lobster in Permit permit application. A decision on the Area 3 must have a permit issued for permissibility of this gear type will be that vessel. made by the Regional Administrator (2) The owner of any vessel used to after consultation with the Council and fish for deepwater shrimp in Crusta- the director of the affected state fish- cean Permit Area 3 must have a permit ery management agency. issued for that vessel. [75 FR 2205, Jan. 14, 2010, as amended at 84 (b) General requirements. General re- FR 2770, Feb. 8, 2019] quirements governing application information, issuance, fees, expiration, § 665.128 Gear identification. replacement, transfer, alteration, dis- (a) Gear marking. The vessel number play, sanctions, and appeals for per- must be affixed to all fish and crab mits issued under this section, as appli- traps on board the vessel or deployed in cable, are contained in § 665.13.

426

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00436 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.162

(c) Application. An application for a American Samoa precious coral eco- permit required under this section will system component species (American be submitted to PIRO as described in Samoa precious coral ECS) means those § 665.13. If the application for a limited species identified as ECS in the Amer- access permit is submitted on behalf of ican Samoa FEP. a partnership or corporation, the appli- American Samoa precious coral permit cation must be accompanied by a sup- area means the area encompassing the plementary information sheet obtained precious coral beds within the U.S. from PIRO and contain the names and EEZ around American Samoa. Each mailing addresses of all partners or bed is designated by a permit area code shareholders and their respective per- and assigned to one of the following centage of ownership in the partner- four categories: ship or corporation. (1) Established beds. [Reserved] § 665.143 Prohibitions. (2) Conditional beds. [Reserved] (3) Refugia. [Reserved] In addition to the general prohibitions specified in § 600.725 of this chap- (4) Exploratory Area. Permit Area X– ter and § 665.15, in Crustacean Permit P–AS includes all coral beds, other Area 3, it is unlawful for any person to than established beds, conditional beds, fish for, take, or retain deepwater or refugia, in the EEZ seaward of shrimp without a permit issued under American Samoa. § 665.142. [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2771, Feb. 8, 2019] § 665.144 Notifications. (a) The operator of any vessel fishing § 665.162 Permits. subject to the requirements of this sub- (a) Any vessel of the United States part must: fishing for, taking, or retaining Amer- (1) Report, not less than 24 hours, but ican Samoa precious coral ECS in any not more than 36 hours, before landing, American Samoa precious coral permit the port, the approximate date and the area must have a permit issued under approximate time at which spiny and § 665.13. slipper lobsters will be landed. (b) Each permit will be valid for fish- (2) Report, not less than 6 hours and ing only in the permit area specified on not more than 12 hours before off- the permit. Precious Coral Permit loading, the location and time that off- Areas are defined in § 665.161. loading of spiny and slipper lobsters will begin. (c) No more than one permit will be valid for any one vessel at any one (b) The Regional Administrator will notify permit holders of any change in time. the reporting method and schedule re- (d) No more than one permit will be quired in paragraphs (a)(1) and (a)(2) of valid for any one person at any one this section at least 30 days prior to time. the opening of the fishing season. (e) The holder of a valid permit to fish one permit area may obtain a per- § 665.145 At-sea observer coverage. mit to fish another permit area only All fishing vessels subject to §§ 665.140 upon surrendering to the Regional Ad- through 665.145 and subpart A of this ministrator any current permit for the part must carry an observer when re- precious coral fishery issued under quested to do so by the Regional Ad- § 665.13. ministrator. (f) General requirements governing application information, issuance, fees, §§ 665.146–665.159 [Reserved] expiration, replacement, transfer, alteration, display, sanctions, and ap- § 665.160 American Samoa precious peals for permits for the precious coral coral fisheries. [Reserved] fishery are contained in § 665.13. § 665.161 Definitions. [75 FR 2205, Jan. 14, 2010, as amended at 84 As used in §§ 665.160 through 665.169: FR 2771, Feb. 8, 2019]

427

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00437 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.163 50 CFR Ch. VI (10–1–20 Edition)

§ 665.163 Prohibitions. (a) Live Hemicorallium laauense, Pleurocorallium secundum, or Corallium In addition to the general prohibi- sp. harvested from any precious coral tions specified in § 600.725 of this chap- permit area must have attained a min- ter and in § 665.15, it is unlawful for any imum height of 10 inches (25.4 cm). person to: (b) Live black coral harvested from (a) Use any vessel to fish for, take, any precious coral permit area must retain, possess or land precious coral in have attained either a minimum stem any precious coral permit area, unless diameter of 1 inch (2.54 cm), or a min- a permit has been issued for that vessel imum height of 48 inches (122 cm). and area as specified in § 665.13 and that permit is on board the vessel. [75 FR 2205, Jan. 14, 2010, as amended at 84 (b) Fish for, take, or retain any spe- FR 2771, Feb. 8, 2019] cies of American Samoa precious coral ECS in any precious coral permit area: § 665.166 Closures. (1) By means of gear or methods pro- (a) If the Regional Administrator de- hibited by § 665.164. termines that the harvest quota for (2) In refugia specified in § 665.161. any coral bed will be reached prior to (3) In a bed for which the quota speci- the end of the fishing year, NMFS shall fied in § 665.167 has been attained. publish a notice to that effect in the (4) In violation of any permit issued FEDERAL REGISTER and shall use other under § 665.13 or § 665.17. means to notify permit holders. Any (5) In a bed that has been closed pur- such notice must indicate the reason suant to §§ 665.166 or 665.169. for the closure, the bed being closed, (c) Take and retain, possess, or land and the effective date of the closure. any live Hemicorallium laauense, (b) A closure is also effective for a Pleurocorallium secundum, Corallium sp., permit holder upon the permit holder’s or live black coral from any precious actual harvest of the applicable quota. coral permit area that is less than the § 665.167 Quotas. minimum height specified in § 665.165 unless: (a) General. The quotas limiting the (1) A valid EFP was issued under amount of precious coral that may be § 665.17 for the vessel and the vessel was taken in any precious coral permit operating under the terms of the per- area during the fishing year are listed mit; or in § 665.167(d). Only live coral is counted (2) The coral originated outside coral toward the quota. The accounting pe- beds listed in this paragraph, and this riod for all quotas begins July 1, 1983. can be demonstrated through receipts (b) Conditional bed closure. A condi- of purchase, invoices, or other docu- tional bed will be closed to all non- mentation. selective coral harvesting after the quota for one species of coral has been [75 FR 2205, Jan. 14, 2010, as amended at 84 taken. FR 2771, Feb. 8, 2019] (c) Reserves and reserve release. The quotas for exploratory area X–P–AS § 665.164 Gear restrictions. will be held in reserve for harvest by Only selective gear may be used to vessels of the United States in the fol- harvest coral from any precious coral lowing manner: permit area. (1) At the start of the fishing year, the reserve for the American Samoa § 665.165 Size restrictions. exploratory area will equal the quota The height of a live coral specimen minus the estimated domestic annual shall be determined by a straight line harvest for that year. measurement taken from its base to its (2) As soon as practicable after De- most distal extremity. The stem di- cember 31 each year, the Regional Ad- ameter of a living coral specimen shall ministrator will determine the amount be determined by measuring the great- harvested by vessels of the United est diameter of the stem at a point no States between July 1 and December 31 less than 1 inch (2.54 cm) from the top of the year that just ended on Decem- surface of the living holdfast. ber 31.

428

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00438 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.201

(3) NMFS will release to TALFF an area is prohibited through June 30, amount of precious coral for each ex- 2023. ploratory area equal to the quota [83 FR 27717, June 14, 2018] minus two times the amount harvested by vessels of the United States in that July 1-December 31 period. Subpart C—Hawaii Fisheries (4) NMFS will publish in the FEDERAL § 665.198 Management area. REGISTER a notification of the Re- gional Administrator’s determination The Hawaii fishery management area and a summary of the information on is the EEZ seaward of the State of Ha- which it is based as soon as practicable waii, including the Main Hawaiian Is- after the determination is made. lands (MHI) and Northwestern Hawai- (d) Exploratory areas. The American ian Islands (NWHI), with the inner Samoa exploratory permit area X–P– boundary a line coterminous with the AS has an annual quota of 1,000 kg for seaward boundaries of the State of Ha- all American Samoa precious coral waii and the outer boundary a line ECS combined with the exception of drawn in such a manner that each black corals. point on it is 200 nautical miles from the baseline from which the territorial [75 FR 2205, Jan. 14, 2010, as amended at 84 sea is measured. FR 2771, Feb. 8, 2019]

§ 665.168 Seasons. § 665.199 Area restrictions [Reserved] The fishing year for precious coral § 665.200 Hawaii bottomfish and sea- begins on July 1 and ends on June 30 mount groundfish fisheries. [Re- the following year. served]

§ 665.169 Gold coral harvest morato- § 665.201 Definitions. rium. As used in §§ 665.200 through 665.219: Fishing for, taking, or retaining any Deep 7 bottomfish means the following gold coral in any precious coral permit species:

Local name Common name Scientific name

(1) lehi ...... silver jaw jobfish ...... Aphareus rutilans. (2) ehu ...... squirrelfish snapper ...... Etelis carbunculus. (3) onaga ...... longtail snapper ...... Etelis coruscans. (4) hapuupuu ...... sea bass ...... Hyporthodus quernus. (5) opakapaka ...... pink snapper ...... Pristipomoides filamentosus. (6) kalekale ...... pink snapper ...... Pristipomoides sieboldii. (7) gindai ...... snapper ...... Pristipomoides zonatus.

Deep 7 bottomfish fishing year means waii bottomfish MUS and that are the year beginning at 0001 local time identified as ECS in Table 4 of the Ha- on September 1 and ending at 2400 HST waii FEP. on August 31 of the next calendar year. Hawaii bottomfish management unit Hawaii bottomfish ecosystem component species (Hawaii bottomfish MUS) means species (Hawaii bottomfish ECS) means the following species: those species that are not listed as Ha-

Local name Common name Scientific name

(1) lehi ...... silver jaw jobfish ...... Aphareus rutilans. (2) uku ...... gray jobfish ...... Aprion virescens. (3) ehu ...... squirrelfish snapper ...... Etelis carbunculus. (4) onaga ...... longtail snapper ...... Etelis coruscans. (5) hapuupuu ...... sea bass ...... Hyporthodus quernus. (6) opakapaka ...... pink snapper ...... Pristipomoides filamentosus. (7) kalekale ...... pink snapper ...... Pristipomoides sieboldii. (8) gindai ...... snapper ...... Pristipomoides zonatus.

429

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00439 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.202 50 CFR Ch. VI (10–1–20 Edition)

Main Hawaiian Islands non-commercial of the EEZ in the Northwestern Hawai- bottomfish permit means the permit re- ian Islands west of 180° W. long. and quired by § 665.203(a)(2) to own or fish north of 28° N. lat. from a vessel that is used in any non- (b) The inner boundary of each man- commercial vessel-based fishing, land- agement subarea is a line coterminous ing, or transshipment of any Hawaii with the seaward boundaries of the bottomfish MUS or ECS in the MHI State of Hawaii. Management Subarea. (c) The outer boundary of each man- Protected species study zone means the agement subarea is a line drawn in waters within 50 nm, as designated by such a manner that each point on it is the Regional Administrator pursuant 200 nautical miles from the baseline to § 665.208, around the following is- from which the territorial sea is meas- lands of the NWHI and as measured ured. from the following coordinates: [75 FR 2205, Jan. 14, 2010, as amended at 75 Name N. lat. W. long. FR 69015, Nov. 10, 2010]

Nihoa Island ...... 23°05′ 161°55′ § 665.203 Permits. Necker Island ...... 23°35′ 164°40′ French Frigate Shoals ...... 23°45′ 166°15′ (a) Applicability—(1) Northwestern Ha- Gardner Pinnacles ...... 25°00′ 168°00′ waiian Islands. The owner of any vessel Maro Reef ...... 25°25′ 170°35′ used to fish for, land, or transship Ha- Laysan Island ...... 25°45′ 171°45′ Lisianski Island ...... 26°00′ 173°55′ waii bottomfish MUS or ECS shore- Pearl and Hermes Reef ...... 27°50′ 175°50′ ward of the outer boundary of the Midway Island ...... 28°14′ 177°22′ NWHI subarea must have a permit ° ′ ° ′ Kure Island ...... 28 25 178 20 issued under this section, and the per- Seamount Groundfish means the fol- mit must be registered for use with lowing species: that vessel. PIRO will not register a single vessel for use with a Ho’omalu Common name Scientific name Zone permit and a Mau Zone permit at the same time. Mau Zone permits Armorhead ...... Pentaceros wheeleri. Alfonsin ...... Beryx splendens. issued before June 14, 1999, became in- Raftfish ...... Hyperoglyphe japonica. valid June 14, 1999, except that a permit issued to a person who submitted a [75 FR 2205, Jan. 14, 2010, as amended at 84 timely application under paragraph FR 2771, Feb. 8, 2019; 84 FR 29396, June 24, (b)(3) of this section is valid until the 2019] permit holder either receives a Mau Zone limited entry permit or until § 665.202 Management subareas. final agency action is taken on the per- (a) The Hawaii fishery management mit holder’s application. The Ho’omalu area is divided into subareas with the Zone and the Mau Zone limited entry following designations and boundaries: systems described in this section are (1) Main Hawaiian Islands means the subject to abolition, modification, or U.S. EEZ around the Hawaiian Archi- additional effort limitation programs. pelago lying to the east of 161°20′ W. (2) MHI non-commercial. The owner of long. a vessel that is used for and any person (2) Northwestern Hawaiian Islands who participates in non-commercial, means the EEZ around the Hawaiian vessel-based fishing, landing, or trans- Archipelago lying to the west of 161°20′ shipment of Hawaii bottomfish MUS or W. long. For the purposes of regula- ECS in the MHI management subarea tions issued under this subpart, Mid- is required to obtain an MHI non-com- way Island is treated as part of the mercial bottomfish permit or a State NWHI Subarea. of Hawaii Commercial Marine License. (i) Ho’omalu Zone means that por- If one or more persons on a vessel- tion of the EEZ around the NWHI west based bottomfish fishing trip holds an of 165° W. long. MHI non-commercial permit, then the (ii) Mau Zone means that portion of entire trip is considered non-commer- the EEZ around the NWHI between cial, and not commercial. However, if 161°20′ W. long. and 165° W. long. any commercial fishing occurs during (3) Hancock Seamounts Ecosystem or as a result of a vessel-based fishing Management Area means that portion trip, then the fishing trip is considered

430

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00440 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.203

commercial, and not non-commercial. (1) A Ho’omalu zone permit may not Charter boat customers are not subject be sold or otherwise transferred to a to the requirements of the section. new owner. (b) Submission. (1) An application for (2) A Ho’omalu zone permit or per- a permit required under this section mits may be held by a partnership or must be submitted to PIRO as de- corporation. If 50 percent or more of scribed in § 665.13. the ownership of the vessel passes to (2) Ho’omalu Zone limited access per- persons other than those listed in the mit. In addition to an application original application, the permit will under § 665.13(c), each applicant for a lapse and must be surrendered to the Ho’omalu Zone permit must also sub- Regional Administrator. mit a supplementary information sheet (d) Transfer of Ho’omalu Zone lim- provided by PIRO, which must be ited access permits to replacement ves- signed by the vessel owner or a des- sels. ignee and include the following infor- (1) Upon application by the owner of mation: a permitted vessel, the Regional Ad- (i) The qualification criterion that ministrator will transfer that owner’s the applicant believes he or she meets permit to a replacement vessel owned for issuance of a limited access permit; by that owner, provided that the replacement vessel does not exceed 60 ft (ii) A copy of landings receipts or (18.3 m) LOA. The replacement vessel other documentation, with a certifi- must be put into service no later than cation from a state or Federal agency 12 months after the owner applies for that this information is accurate, to the transfer, or the transfer shall be demonstrate participation in the NWHI void. bottomfish fishery; and (2) An owner of a permitted vessel (iii) If the application is filed by a may apply to the Regional Adminis- partnership or corporation, the names trator for transfer of that owner’s per- of each of the individual partners or mit to a replacement vessel greater shareholders and their respective per- than 60 ft (18.3 m) LOA. The Regional centages of ownership of the partner- Administrator may transfer the permit ship or corporation. upon determining, after consultation (3) Mau Zone limited access permit. with the Council and considering the PIRO will not accept applications for a objectives of the limited access pro- new Mau Zone permit after June 14, gram, that the replacement vessel has 1999. In addition to an application catching power that is comparable to under § 665.13(c), each applicant for a the rest of the vessels holding permits Mau Zone permit must also submit a for the fishery, or has catching power supplementary information sheet pro- that does not exceed that of the origi- vided by PIRO, which must be signed nal vessel, and that the transfer is not by the vessel owner or a designee and inconsistent with the objectives of the include the following information: program. The Regional Administrator (i) The qualification criterion that shall consider vessel length, range, the applicant believes he or she meets hold capacity, gear limitations, and for issuance of a limited access permit; other appropriate factors in making de- (ii) Copy of State of Hawaii catch re- terminations of catching power equiva- port(s) to demonstrate that the per- lency and comparability of the catch- mitted vessel had made qualifying ing power of vessels in the fishery. landings of bottomfish from the Mau (e) Ho’omalu Zone limited access per- Zone; and mit renewal. (iii) If the application is filed by a (1) A qualifying landing for Ho’omalu partnership or corporation, the names Zone permit renewal is a landing of at of each of the individual partners or least 2,500 lb (1,134 kg) of Hawaii shareholders and their respective per- bottomfish MUS or ECS from the centage of ownership of the partnership Ho’omalu Zone or a landing of at least or corporation. 2,500 lb (1,134 kg) of fish from the (c) Sale or transfer of Ho’omalu lim- Ho’omalu Zone, of which at least 50 ited access permits to new vessel own- percent by weight was Hawaii ers. bottomfish MUS or ECS. A permit is

431

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00441 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.203 50 CFR Ch. VI (10–1–20 Edition)

eligible for renewal for the next cal- (g)(1)(i) or (g)(1)(ii) of this section, but endar year if the vessel covered by the not under both paragraphs. permit made three or more qualifying (iv) Before the Regional Adminis- landings during the current calendar trator issues a Ho’omalu zone permit year. to fish for bottomfish under this sec- (2) The owner of a permitted vessel tion, the primary operator and relief that did not make three or more quali- operator named on the application fying landings of bottomfish in a year form must have completed a protected may apply to the Regional Adminis- species workshop conducted by NMFS. trator for a waiver of the landing re- (2) Restrictions. An applicant must quirement. If the Regional Adminis- own at least a 25 percent share in the trator finds that failure to make three vessel that the permit would cover, and landings was due to circumstances be- only one permit will be assigned to any yond the owner’s control, the Regional vessel. Administrator may renew the permit. (3) Order of issuance. New permits A waiver may not be granted if the shall be awarded to applicants in de- failure to make three landings was due scending order, starting with the appli- to general economic conditions or mar- cant with the largest number of points. ket conditions, such that the vessel op- If two or more persons have an equal erations would not be profitable. number of points, and there are insuffi- (f) Issuance of new Ho’omalu Zone cient new permits for all such appli- limited access permits. The Regional cants, the new permits shall be award- Administrator may issue new ed by the Regional Administrator Ho’omalu Zone limited access permits through a lottery. under § 665.13 if the Regional Adminis- (4) Notification. The Regional Admin- trator determines, in consultation with istrator shall place a notice in the FED- the Council, that bottomfish stocks in ERAL REGISTER and shall use other the Ho’omalu Zone are able to support means to notify prospective applicants additional fishing effort. of the opportunity to file applications (g) Eligibility for new Ho’omalu Zone for new permits under this program. limited access permits. When the Re- (h) Eligibility for new Mau Zone lim- gional Administrator has determined ited access permits. that new permits may be issued, they shall be issued to applicants based (1) PIRO will issue an initial Mau upon eligibility, determined as follows: Zone permit to a vessel owner who qualifies for at least three points under (1) Point system. (i) Two points will be assigned for each year in which the ap- the following point system: plicant was owner or captain of a ves- (i) An owner who held a Mau Zone sel that made three or more of any of permit on or before December 17, 1991, the following types of landings in the and whose permitted vessel made at NWHI: least one qualifying landing of Hawaii (A) Any amount of Hawaii bottomfish MUS on or before December bottomfish MUS, regardless of weight, 17, 1991, shall be assigned 1.5 points. if made on or before August 7, 1985; (ii) An owner whose permitted vessel (B) At least 2,500 lb (1,134 kg) of Ha- made at least one qualifying landing of waii bottomfish MUS, if made after Au- Hawaii bottomfish MUS during 1991 gust 7, 1985; or shall be assigned 0.5 point. (C) At least 2,500 lb (1,134 kg) of any (iii) An owner whose permitted vessel fish lawfully harvested from the NWHI, made at least one qualifying landing of of which at least 50 percent by weight Hawaii bottomfish MUS during 1992 was bottomfish, if made after August 7, shall be assigned 1.0 point. 1985. (iv) An owner whose permitted vessel (ii) One point will be assigned for made at least one qualifying landing of each year in which the applicant was Hawaii bottomfish MUS during 1993 owner or captain of a vessel that land- shall be assigned 1.5 points. ed at least 6,000 lb (2,722 kg) of (v) An owner whose permitted vessel bottomfish from the MHI. made at least one qualifying landing of (iii) For any one year, points will be Hawaii bottomfish MUS during 1994 assigned under either paragraph shall be assigned 2.0 points.

432

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00442 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.203

(vi) An owner whose permitted vessel that subordinate paragraph to a single made at least one qualifying landing of owner if only one owner submits an ap- Hawaii bottomfish MUS during 1995 plication with respect to the landings shall be assigned 2.5 points. of that vessel during that time frame. (vii) An owner whose permitted ves- If multiple owners submit separate ap- sel made at least one qualifying land- plications with respect to the same ing of Hawaii bottomfish MUS during landings of the same vessel during the 1996 shall be assigned 3.0 points. same time frame, then PIRO shall: (viii) Before PIRO issues a Mau Zone (i) Adhere to any written agreement permit to fish for bottomfish under between the applicants with respect to this section, the primary operator and who among them shall be assigned the relief operator named on the applica- aggregate point(s) generated by land- tion form must have completed a pro- ings during such time frame(s), or tected species workshop conducted by (ii) If there is no agreement: NMFS. (A) Shall issue the applicants a joint (2) For purposes of this paragraph (h), permit provided the vessel’s landings a ‘‘qualifying landing’’ means any during such time frames generated at amount of Hawaii bottomfish MUS least three points, or lawfully harvested from the Mau Zone (B) In the event the vessel’s landings and offloaded for sale. No points shall during such time frame(s) generated be assigned to an owner for any quali- less than three points, shall not assign fying landings reported to the State of any points generated by the vessel’s Hawaii more than 1 year after the land- landings during such time frame(s). ing. (i) Ownership requirements and reg- (3) More than one Mau Zone permit istration of Mau Zone limited access may be issued to an owner of two or permits for use with other vessels. more vessels, provided each of the own- (1) A Mau Zone permit may be held er’s vessels for which a permit will be by an individual, partnership, or cor- registered for use has made the re- poration. No more than 49 percent of quired qualifying landings for the the underlying ownership interest in a owner to be assigned at least three eli- Mau Zone permit may be sold, leased, gibility points. chartered, or otherwise transferred to (4) A Mau Zone permit holder who another person or entity. If more than does not own a vessel at the time ini- 49 percent of the underlying ownership tial permits are issued must register of the permit passes to persons or enti- the permit for use with a vessel owned ties other than those listed in the by the permit holder within 12 months original permit application supple- from the date the permit was issued. In mental information sheet, then the the interim, the permit holder may permit expires and must be surrendered register the permit for use with a to 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 PIRO to register permit holder fails to apply to PIRO to the permit for use with another vessel register the permit for use with a ves- if that vessel is owned by the permit sel owned by the permit holder, then holder, and is no longer than 60 ft (18.3 the permit shall expire. m) LOA. (5) For each of paragraphs (h)(1)(i) (3) If a Mau Zone permit holder sells through (h)(1)(viii) of this section, 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 PIRO to register the permit have multiple owners during the time for use with a vessel owned by the per- frame covered by the subordinate para- mit holder. If the permit holder has not graphs. If a vessel had multiple owners applied to register a replacement ves- during a time frame covered by any of sel within 12 months, then the permit paragraphs (h)(1)(i) through (h)(1)(viii) 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), PIRO will assign the points for unseaworthy, the Mau Zone permit

433

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00443 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.204 50 CFR Ch. VI (10–1–20 Edition)

with which the vessel was registered FEP and implementing regulations and may be registered for use with a leased based upon information relative to the or chartered vessel for a period not to application on file at NMFS and the exceed 12 months from the date of reg- Council, the summary record kept of istration of the leased or chartered ves- any hearing, the hearing officer’s rec- sel. If by the end of that 12-month pe- ommended decision, if any, and any riod the permit holder fails to apply to other relevant information. PIRO to register the permit for use (4) If a hearing is requested, or if the with a vessel owned by the permit Regional Administrator determines holder, then the permit expires. that one is appropriate, the Regional (j) Mau Zone limited access permit Administrator may grant an informal renewal. hearing before a hearing officer des- (1) A Mau Zone permit will be eligi- ignated for that purpose. The applicant ble for renewal if the vessel for which or permit holder may appear person- the permit is registered for use made at ally and/or be represented by counsel least five separate fishing trips with at the hearing and submit information landings of at least 500 lb (227 kg) of and present arguments as determined Hawaii bottomfish MUS or ECS per appropriate by the hearing officer. trip during the calendar year. Only one Within 30 days of the last day of the landing of bottomfish MUS or ECS per hearing, the hearing officer shall rec- fishing trip to the Mau Zone will be ommend in writing a decision to the counted toward the landing require- Regional Administrator. ment. (5) The Regional Administrator may (2) If the vessel for which the permit adopt the hearing officer’s rec- is registered for use fails to meet the ommended decision, in whole or in landing requirement of paragraph (j)(1) part, or may reject or modify it. The of this section, the owner may apply to Regional Administrator’s decision on the Regional Administrator for a waiv- the application is the final administra- er of the landing requirement. Grounds tive decision of the Department of for a waiver are limited to captain in- Commerce, and is effective on the date capacitation, vessel breakdowns, and the Administrator signs the decision. the loss of the vessel at sea if the event prevented the vessel from meeting the [75 FR 2205, Jan. 14, 2010, as amended at 84 landing requirement. Unprofitability is FR 2772, Feb. 8, 2019] not sufficient for waiver of the landing § 665.204 Prohibitions. requirement. (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 Hawaii bottomfish MUS (k) Appeals of permit actions. or ECS, or seamount groundfish MUS (1) Except as provided in subpart A of using gear prohibited under § 665.206. 15 CFR part 904, any applicant for a (b) Fish for, or retain on board a ves- permit or a permit holder may appeal sel, Hawaii bottomfish MUS or ECS in the granting, denial, or revocation of the Ho’omalu Zone or the Mau Zone his or her permit to the Regional Ad- without the appropriate permit reg- ministrator. istered for use with that vessel issued (2) In order to be considered by the under § 665.13. Regional Administrator, such appeal (c) Serve as primary operator or re- must be in writing, must state the ac- lief operator on a vessel with a Mau or tion appealed, and the reasons there- Ho’omalu Zone permit without com- fore, and must be submitted within 30 pleting a protected species workshop days of the appealed action. The appel- conducted by NMFS, as required by lant may request an informal hearing § 665.203. on the appeal. (d) Fail to notify the USCG at least (3) The Regional Administrator, in 24 hours prior to making any landing of consultation with the Council, will de- bottomfish taken in the Ho’omalu cide the appeal in accordance with the Zone, as required by § 665.205.

434

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00444 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.207

(e) Fish within any protected species day (8 a.m. to 5 p.m.) to indicate study zone in the NWHI without noti- whether an observer will be required on fying the Regional Administrator of the subject fishing trip. the intent to fish in these zones, as re- (b) The operator of a fishing vessel quired under § 664.205. that has taken Hawaii bottomfish MUS (f) Falsify or fail to make or file re- or ECS in the Ho’omalu Zone must ports of all fishing activities shoreward contact the USCG, by radio or other- of the outer boundary of the MHI man- wise, at the 14th District, Honolulu, HI; agement subarea, in violation of Pacific Area, San Francisco, CA; or § 665.14(a) or (b). 17th District, Juneau, AK, at least 24 (g) Own a vessel or fish from a vessel hours before landing, and report the that is used to fish non-commercially port and the approximate date and for any Hawaii bottomfish MUS or ECS time at which the bottomfish will be in the MHI management subarea with- landed. out either a MHI non-commercial bottomfish permit or a State of Hawaii [75 FR 2205, Jan. 14, 2010, as amended at 84 Commercial Marine License, in viola- FR 2772, Feb. 8, 2019] tion of § 665.2 or § 665.203(a)(2). § 665.206 Gear restrictions. (h) Fish for or possess any bottomfish MUS as defined in § 665.201, in the MHI (a) Bottom trawls and bottom set management subarea after a closure of gillnets. Fishing for Hawaii bottomfish its respective fishery, in violation of MUS or ECS, or seamount groundfish § 665.211. MUS with bottom trawls and bottom (i) Sell or offer for sale any set gillnets is prohibited. bottomfish MUS as defined in § 665.201, (b) Possession of gear. Possession of a after a closure of its respective fishery, bottom trawl and bottom set gillnet by in violation of § 665.211. any vessel having a permit under (j) Harvest, possess, or land more § 665.203 or otherwise established to be than a total of five fish (all species fishing for Hawaii bottomfish MUS or combined) identified as Deep 7 ECS, or seamount groundfish MUS in bottomfish in § 665.201 from a vessel in the management subareas is prohib- the MHI management subarea, while ited. holding a MHI non-commercial (c) Poisons and explosives. The posses- bottomfish permit, or while partici- sion or use of any poisons, explosives, pating as a charter boat customer, in or intoxicating substances for the pur- violation of § 665.212. pose of harvesting Hawaii bottomfish (k) Fish for or possess any Hawaii MUS or ECS, or seamount groundfish bottomfish MUS or ECS, or seamount MUS is prohibited. groundfish MUS in the Hancock Seamounts Ecosystem Management [84 FR 2772, Feb. 8, 2019] Area, in violation of § 665.209. § 665.207 At-sea observer coverage. [75 FR 2205, Jan. 14, 2010, as amended at 75 FR 69015, Nov. 10, 2010; 84 FR 2772, Feb. 8, (a) All fishing vessels subject to 2019; 84 FR 29397, June 24, 2019; 85 FR 26624, §§ 665.200 though 665.212 must carry an May 5, 2020] observer when directed to do so by the Regional Administrator. § 665.205 Notification. (b) PIRO will advise the vessel owner (a) The owner or operator of a fishing or operator of any observer require- vessel subject to § 665.203(a)(1) must in- ment within 72 hours (not including form PIRO at least 72 hours (not in- weekends or holidays) of receipt of the cluding weekends and holidays) before notice provided pursuant to § 665.205(a). leaving port, of his or her intent to fish If an observer is required, the owner or within the protected species study operator will be informed of the terms zones defined in § 665.201. The notice and conditions of observer coverage, must include the name of the vessel, and the time and place of embarkation name of the operator, intended depar- of the observer. ture and return date, and a telephone (c) All observers must be provided number at which the owner or operator with sleeping, toilet, and eating ac- may be contacted during the business commodations at least equal to that

435

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00445 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.208 50 CFR Ch. VI (10–1–20 Edition)

provided to a full crew member. A mat- the study zones would not result in tress or futon on the floor, or a cot, is fishing for bottomfish in the NWHI not acceptable in place of a regular that would adversely affect any species bunk. Meal and other galley privileges listed as threatened or endangered must be the same for the observer as under the ESA. for other crew members. (b) After consulting with the Council. (d) Female observers on a vessel with (c) Through notification in the FED- an all-male crew must be accommo- ERAL REGISTER published at least 30 dated either in a single-person cabin days prior to the effective date or or, if reasonable privacy can be ensured by installing a curtain or other tem- through actual notice to the permit porary divider, in a two-person cabin holders. shared with a licensed officer of the vessel. If the cabin assigned to a female § 665.209 Fishing moratorium at Han- cock Seamounts. observer does not have its own toilet and shower facilities that can be pro- Fishing for, and possession of, Hawaii vided for the exclusive use of the ob- bottomfish MUS or ECS, or seamount server, then a schedule for time-shar- groundfish MUS in the Hancock ing of common facilities must be estab- Seamounts Ecosystem Management lished and approved by the Regional Area is prohibited until the Regional Administrator prior to the vessel’s de- Administrator determines that the parture from port. armorhead stock is rebuilt. § 665.208 Protected species conserva- [84 FR 2772, Feb. 8, 2019] tion. The Regional Administrator may § 665.210 [Reserved] change the size of the protected species § 665.211 Annual Catch Limits (ACL). study zones defined in § 665.201 of this subpart: (a) In accordance with § 665.4, the (a) If the Regional Administrator de- ACLs for MHI bottomfish fisheries for termines that a change in the size of each fishing year are as follows:

2018–19 ACL 2019–20 ACL 2020–21 ACL Fishery (lb) (lb) (lb)

Deep 7 bottomfish ...... 492,000 492,000 492,000

2019 ACL 2020 ACL 2021 ACL Fishery (lb) (lb) (lb)

Uku ...... 127,205 127,205 127,205

(b) When a bottomfish ACL is pro- MUS from a closed fishery in the MHI jected to be reached based on analyses management subarea, except as other- of available information, the Regional wise allowed in this section. Administrator shall publish a docu- (d) On and after the date specified in ment to that effect in the FEDERAL paragraph (b) of this section, no person REGISTER and shall use other means to may sell or offer for sale any notify permit holders. The document bottomfish MUS from a closed fishery, will include an advisement that the except as otherwise authorized by law. fishery will be closed beginning at a (e) Fishing for, and the resultant pos- specified date, which is not earlier than session or sale of, any bottomfish MUS seven days after the date of filing the by vessels legally registered to Mau closure notice for public inspection at Zone, Ho’omalu Zone, or PRIA the Office of the Federal Register, bottomfish fishing permits and con- until the end of the fishing year in ducted in compliance with all other which the ACL is reached. laws and regulations, is exempted from (c) On and after the date specified in this section. paragraph (b) of this section, no person may fish for or possess any bottomfish [85 FR 26624, May 5, 2020]

436

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00446 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.224

§ 665.212 Non-commercial bag limits. to Hawaii coral reef ecosystem per- No more than a total of five fish (all mits. species combined) identified as Deep 7 (1) Special permit. Any person of the bottomfish may be harvested, pos- United States fishing for, taking or re- sessed, or landed by any individual par- taining Hawaii coral reef ECS must ticipating in a non-commercial vessel- have a special permit if they, or a ves- based fishing trip in the MHI manage- sel which they operate, is used to fish ment subarea. Charter boat customers for any: are also subject to the non-commercial (i) Hawaii coral reef ECS in low-use bag limit. MPAs as defined in § 665.199; (ii) Hawaii coral reef ECS in the [84 FR 29397, June 24, 2019] coral reef ecosystem management area; or §§ 665.213–665.219 [Reserved] (iii) Hawaii coral reef ECS in the § 665.220 Hawaii coral reef ecosystem coral reef ecosystem management area fisheries. [Reserved] with any gear not specifically allowed in this subpart. § 665.221 Definitions. (2) Transshipment permit. A receiving As used in §§ 665.220 through 665.239, vessel must be registered for use with a Hawaii coral reef ecosystem component transshipment permit if that vessel is species (Hawaii coral reef ECS) means used in the Hawaii coral reef ecosystem those species identified as ECS in the management area to land or transship Hawaii FEP and are not defined as Hawaii coral reef ECS harvested within MUS or another ECS in this subpart. low-use MPAs. (3) Exceptions. The following persons [84 FR 2772, Feb. 8, 2019] are not required to have a permit under § 665.222 Management area. this section: (i) Any person issued a permit to fish The Hawaii coral reef ecosystem under any FEP who incidentally management area is as follows: catches Hawaii coral reef ECS while (a) The U.S. EEZ around the Hawai- fishing for bottomfish MUS or ECS, ian Archipelago lying to the east of crustacean MUS, western Pacific pe- ° ′ 160 50 W. long. lagic MUS, precious corals, or sea- (b) The inner boundary of the man- mount groundfish; agement area is the seaward boundary (ii) Any person fishing for Hawaii of the State of Hawaii. coral reef ECS outside of an MPA, who (c) The outer boundary of the man- does not retain any Hawaii coral reef agement area is the outer boundary of ECS; and the U.S. EEZ. (iii) Any person collecting marine or- § 665.223 Relation to other laws. ganisms for scientific research as described in § 665.17, or § 600.745 of this To ensure consistency between the chapter. management regimes of different Fed- (b) Validity. Each permit will be valid eral agencies with shared management for fishing only in the fishery manage- responsibilities of fishery resources ment area specified on the permit. within the Hawaii coral reef ecosystem (c) General requirements. General re- management area, fishing for Hawaii quirements governing application in- coral reef ECS is not allowed within formation, issuance, fees, expiration, the boundary of a National Wildlife replacement, transfer, alteration, dis- Refuge unless specifically authorized play, sanctions, and appeals for per- by the USFWS, regardless of whether mits are contained in § 665.13. that refuge was established by action (d) Special permit. The Regional Ad- of the President or the Secretary of the ministrator shall issue a special permit Interior. in accordance with the criteria and [84 FR 2772, Feb. 8, 2019] procedures specified in this section. (1) Application. An applicant for a § 665.224 Permits and fees. special or transshipment permit issued (a) Applicability. Unless otherwise under this section must complete and specified in this subpart, § 665.13 applies submit to the Regional Administrator

437

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00447 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.224 50 CFR Ch. VI (10–1–20 Edition)

a Special Coral Reef Ecosystem Fish- (D) Estimated ecosystem, habitat, ing Permit Application Form issued by and protected species impacts of the NMFS. Information in the application proposed activity; and form must include, but is not limited (E) Other biological and ecological to a statement describing the objec- information relevant to the proposal. tives of the fishing activity for which a The applicant will be provided with an special permit is needed, including a opportunity to appear in support of the general description of the expected dis- application. position of the resources harvested (iii) Following a review of the Coun- under the permit (i.e., stored live, cil’s recommendation and supporting fresh, frozen, preserved, sold for food, rationale, the Regional Administrator ornamental, research, or other use, and may: a description of the planned fishing op- (A) Concur with the Council’s rec- eration, including location of fishing ommendation and, after finding that it is consistent with the goals and objec- and gear operation, amount and species tives of the FEP, the national stand- (directed and incidental) expected to be ards, the Endangered Species Act, and harvested and estimated habitat and other applicable laws, approve or deny protected species impacts). a special permit; or (2) Incomplete applications. The Re- (B) Reject the Council’s rec- gional Administrator may request from ommendation, in which case, written an applicant additional information reasons will be provided by the Re- necessary to make the determinations gional Administrator to the Council for required under this section. An appli- the rejection. cant will be notified of an incomplete (iv) If the Regional Administrator application within 10 working days of does not receive a recommendation receipt of the application. An incom- from the Council within 60 days of plete application will not be considered Council receipt of the permit applica- until corrected in writing. tion, the Regional Administrator can (3) Issuance. (i) If an application con- make a determination of approval or tains all of the required information, denial independently. the Regional Administrator will for- (v) Within 30 working days after the ward copies of the application within 30 consultation in paragraph (d)(3)(ii) of days to the Council, the USCG, the this section, or as soon as practicable fishery management agency of the af- thereafter, NMFS will notify the appli- fected state, and other interested par- cant in writing of the decision to grant ties who have identified themselves to or deny the special permit and, if de- the Council, and the USFWS. nied, the reasons for the denial. (ii) Within 60 days following receipt Grounds for denial of a special permit of a complete application, the Regional include the following: Administrator will consult with the (A) The applicant has failed to disclose 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 tions for approval or disapproval of the incidental catch in the season or loca- application based on: tion specified under the permit would (A) Information provided by the ap- detrimentally affect any coral reef re- plicant; source or coral reef ecosystem in a sig- (B) The current domestic annual har- nificant way, including, but not lim- vesting and processing capacity of the ited to, issues related to spawning directed and incidental species for grounds or seasons, protected species which a special permit is being re- interactions, EFH, and habitat areas of quested; particular concern (HAPC). (C) The current status of resources to (C) Issuance of the special permit be harvested in relation to the over- would inequitably allocate fishing fishing definition in the FEP; privileges among domestic fishermen

438

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00448 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.224

or would have economic allocation as sufficient information, the Regional its sole purpose. Administrator will rule on the appeal (D) The method or amount of harvest in accordance with the permit eligi- in the season and/or location stated on bility criteria set forth in this section the permit is considered inappropriate and the FEP, as appropriate, based on based on previous human or natural information relative to the application impacts in the given area. on file at NMFS and the Council and (E) NMFS has determined that the any additional information, the sum- maximum number of permits for a mary record kept of any hearing and given area in a given season has been the hearing officer’s recommended de- reached and allocating additional per- cision, if any, and such other consider- mits in the same area would be detri- ations as deemed appropriate. The Re- mental to the resource. gional Administrator will notify all in- (F) The activity proposed under the terested persons of the decision, and special permit would create a signifi- the reasons therefore, in writing, nor- cant enforcement problem. mally within 30 days of the receipt of (vi) The Regional Administrator may sufficient information, unless addi- attach conditions to the special per- tional time is needed for a hearing. mit, if it is granted, consistent with (iii) If a hearing is requested, or if the management objectives of the FEP, the Regional Administrator determines including, but not limited to: that one is appropriate, the Regional (A) The maximum amount of each re- Administrator may grant an informal source that can be harvested and land- hearing before a hearing officer des- ed during the term of the special per- ignated for that purpose after first giv- mit, including trip limits, where appro- ing notice of the time, place, and sub- priate. ject matter of the hearing in the FED- (B) The times and places where fish- ERAL REGISTER. Such a hearing shall ing may be conducted. normally be held no later than 30 days (C) The type, size, and amount of following publication of the notice in gear which may be used by each vessel the FEDERAL REGISTER, unless the operated under the special permit. hearing officer extends the time for (D) Data reporting requirements. reasons deemed equitable. The appel- (E) Such other conditions as may be lant, the applicant (if different), and, necessary to ensure compliance with at the discretion of the hearing officer, the purposes of the special permit con- other interested parties, may appear sistent with the objectives of the FEP. personally and/or be represented by (4) Appeals of permit actions. (i) Except counsel at the hearing and submit in- as provided in subpart D of 15 CFR part formation and present arguments as 904, any applicant for a permit or a per- determined appropriate by the hearing mit holder may appeal the granting, officer. Within 30 days of the last day denial, conditioning, or suspension of of the hearing, the hearing officer shall their permit or a permit affecting their recommend in writing a decision to the interests to the Regional Adminis- Regional Administrator. trator. In order to be considered by the (iv) The Regional Administrator may Regional Administrator, such appeal adopt the hearing officer’s rec- must be in writing, must state the ac- ommended decision, in whole or in tion(s) appealed, and the reasons there- part, or may reject or modify it. In any fore, and must be submitted within 30 event, the Regional Administrator will days of the original action(s) by the notify interested persons of the deci- Regional Administrator. The appellant sion, and the reason(s) therefore, in may request an informal hearing on writing, within 30 days of receipt of the the appeal. hearing officer’s recommended deci- (ii) Upon receipt of an appeal author- sion. The Regional Administrator’s ac- ized by this section, the Regional Ad- tion constitutes final action for the ministrator will notify the permit ap- agency for the purposes of the Admin- plicant, or permit holder as appro- istrative Procedure Act. priate, and will request such additional (5) Any time limit prescribed in this information in such form as will allow section may be extended for good action upon the appeal. Upon receipt of cause, for a period not to exceed 30

439

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00449 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.225 50 CFR Ch. VI (10–1–20 Edition)

days, by the Regional Administrator, port the port and the approximate date either upon his or her own motion or and time at which the catch will be upon written request from the Council, landed. appellant or applicant stating the rea- [84 FR 2773, Feb. 8, 2019] son(s) therefore. [75 FR 2205, Jan. 14, 2010, as amended at 84 § 665.227 Allowable gear and gear re- FR 2772, Feb. 8, 2019] strictions. (a) Hawaii coral reef ECS may be § 665.225 Prohibitions. taken only with the following allow- In addition to the general prohibi- able gear and methods: tions specified in § 600.725 of this chap- (1) Hand harvest; ter and § 665.15 of this part, it is unlaw- (2) Spear; ful for any person to do any of the fol- (3) Slurp gun; lowing: (4) Hand net/dip net; (a) Fish for, take, retain, possess or (5) Hoop net for Kona crab; land any Hawaii coral reef ECS in any (6) Throw net; low-use MPA as defined in § 665.99 un- (7) Barrier net; less: (8) Surround/purse net that is at- (1) A valid permit has been issued for tended at all times; the hand harvester or the fishing vessel (9) Hook-and-line (includes handline operator that specifies the applicable (powered or not), rod-and-reel, and area of harvest; trolling); (2) A permit is not required, as out- (10) Crab and fish traps with vessel ID lined in § 665.224; or number affixed; and (3) The Hawaii coral reef ECS pos- (11) Remote-operating vehicles/ sessed on board the vessel originated submersibles. outside the management area and this (b) Hawaii coral reef ECS may not be can be demonstrated through receipts taken by means of poisons, explosives, of purchase, invoices, fishing logbooks or intoxicating substances. Possession or other documentation. or use of these materials by any permit (b) Fish for, take, or retain any Ha- holder under this subpart who is estab- waii coral reef ECS: lished to be fishing for coral reef ECS (1) That is determined overfished in the management area is prohibited. with subsequent rulemaking by the Re- (c) Existing FEP fisheries shall fol- gional Administrator. low the allowable gear and methods (2) By means of gear or methods pro- outlined in their respective plans. hibited under § 665.227. (d) Any person who intends to fish (3) In a low-use MPA without a valid with new gear not included in this sec- special permit. tion must describe the new gear and its (4) In violation of any permit issued method of deployment in the special under §§ 665.13 or 665.224. permit application. A decision on the (c) Fish for, take, or retain any wild permissibility of this gear type will be live rock or live hard coral except made by the Regional Administrator under a valid special permit for sci- after consultation with the Council and entific research, aquaculture seed the director of the affected state fish- stock collection or traditional and cer- ery management agency. emonial purposes by indigenous people. [75 FR 2205, Jan. 14, 2010, as amended at 84 [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2773, Feb. 8, 2019] FR 2773, Feb. 8, 2019] § 665.228 Gear identification. § 665.226 Notifications. (a) The vessel number must be affixed Any special permit holder subject to to all fish and crab traps on board the the requirements of this subpart must vessel or deployed in the water by any contact the appropriate NMFS enforce- vessel or person holding a permit under ment agent in American Samoa, Guam, § 665.13 or § 665.124 or that is otherwise or Hawaii at least 24 hours before land- established to be fishing for Hawaii ing any Hawaii coral reef ECS har- coral reef ECS in the management vested under a special permit, and re- area.

440

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00450 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.242

(b) Enforcement action. (1) Traps not Hawaii crustacean management unit marked in compliance with paragraph species (Hawaii crustacean MUS) means (a) of this section and found deployed the following crustaceans: in the Hawaii coral reef ecosystem management area will be considered Local name Common name Scientific name unclaimed or abandoned property, and papa‘i kua loa ...... Kona crab ...... Ranina ranina. may be disposed of in any manner con- deepwater shrimp, Heterocarpus sp. sidered appropriate by NMFS or an au- nylon shrimp. thorized officer. (2) Unattended surround nets or bait Interested parties means the State of seine nets found deployed in the Hawaii Hawaii Department of Land and Nat- coral reef ecosystem management area ural Resources, the Council, holders of will be considered unclaimed or aban- permits issued under § 665.242, and any doned property, and may be disposed of person who has notified the Regional in any manner considered appropriate Administrator of his or her interest in by NMFS or an authorized officer. the procedures and decisions described [75 FR 2205, Jan. 14, 2010, as amended at 84 in § 665.248, and who has specifically re- FR 2773, Feb. 8, 2019] quested to be considered an ‘‘interested party.’’ §§ 665.229–665.239 [Reserved] Lobster grounds refers, singularly or collectively, to the following four areas § 665.240 Hawaii crustacean fisheries. in Crustacean Permit Area 1 that shall [Reserved] be used to manage the lobster fishery: § 665.241 Definitions. (1) Necker Island Lobster Grounds— As used in §§ 665.240 through 665.259: waters bounded by straight lines con- Hawaii crustacean management area is necting the following coordinates in ° ′ divided into the following areas: the order presented: 24 00 N. lat., ° ′ ° ′ ° ′ (1) Crustacean Permit Area 1 (Permit 165 00 W. long.; 24 00 N. lat., 164 00 W. Area 1) means the EEZ around the long.; 23°00′ N. lat., 164°00′ W. long.; and NWHI. 23°00′ N. lat., 165°00′ W. long. (2) Crustacean Permit Area 2 (Permit (2) Gardner Pinnacles Lobster Area 2) means the EEZ around the MHI. Grounds—waters bounded by straight (3) Crustacean Permit Area 1 VMS Sub- lines connecting the following coordi- area means an area within the EEZ nates in the order presented: 25°20′ N. around the NWHI 50 nm from the cen- lat., 168°20′ W. long.; 25°20′ N. lat., ter geographical positions of the is- 167°40′ W. long.; 24°20′ N. lat., 167°40′ W. lands and reefs in the NWHI as follows: long.; and 24°20′ N. lat., 168°20′ W. long. (3) Maro Reef Lobster Grounds—wa- Name N. lat. W. long. ters bounded by straight lines con- Nihoa Island ...... 23°05′ 161°55′ necting the following coordinates in Necker Island ...... 23°35′ 164°40′ the order presented: 25°40′ N. lat., French Frigate Shoals ...... 23°45′ 166°15′ ° ′ ° ′ ° ′ Gardner Pinnacles ...... 25°00′ 168°00′ 171 00 W. long.; 25 40 N. lat., 170 20 W. Maro Reef ...... 25°25′ 170°35′ long.; 25°00′ N. lat., 170°20′ W. long.; and Laysan Island ...... 25°45′ 171°45′ 25°00′ N. lat., 171°00′ W. long. Lisianski Island ...... 26°00′ 173°55′ Pearl and Hermes Reef ...... 27°50′ 175°50′ (4) General NWHI Lobster Grounds— Midway Island ...... 28°14′ 177°22′ all waters within Crustacean Permit Kure Island ...... 28°25′ 178°20′ Area 1 except for the Necker Island, The remainder of the VMS subarea is delimited by parallel Gardner Pinnacles, and Maro Reef Lob- lines tangent to and connecting the 50-nm areas around ster Grounds. the following: from Nihoa Island to Necker Island; from French Frigate Shoals to Gardner Pinnacles; from Gardner [75 FR 2205, Jan. 14, 2010, as amended at 84 Pinnacles to Maro Reef; from Laysan Island to Lisianski FR 2773, Feb. 8, 2019] Island; and from Lisianski Island to Pearl and Hermes Reef. § 665.242 Permits. Hawaii crustacean ecosystem compo- (a) Applicability. (1) The owner of any nent species (Hawaii crustacean ECS) vessel used to fish for lobster in Permit means those species identified as ECS Area 1 must have a limited access per- in the Hawaii FEP. mit issued for such vessel.

441

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00451 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.242 50 CFR Ch. VI (10–1–20 Edition)

(2) The owner of any vessel used to ed on the permit application, PIRO fish for lobster in Permit Area 2 must must be notified of the change in writ- have a permit issued for such a vessel. ing and provided copies of the appro- (3) The owner of any vessel used to priate documents confirming the fish for deepwater shrimp in Crusta- changes within 30 days. cean Permit Areas 1 or 2 must have a (3) Upon the transfer or sale of a lim- permit issued for that vessel. ited access permit, a new application (4) Harvest of Hawaii crustacean must be submitted by the new permit MUS or ECS within the Northwestern owner according to the requirements of Hawaiian Islands Marine National § 665.13. The transferred permit is not Monument is subject to the require- valid until this process is completed. ments of 50 CFR part 404. (f) Replacement of a vessel covered by a (b) General requirements. General re- limited access permit. A limited access quirements governing application in- permit issued under this section may, formation, issuance, fees, expiration, without limitation as to frequency, be replacement, transfer, alteration, dis- transferred by the permit holder to a play, sanctions, and appeals for per- replacement vessel owned by that permits issued under this section, as appli- son. cable, are contained in § 665.13. (g) Issuance of limited access permits to (c) Application. An application for a future applicants. (1) The Regional Ad- permit required under this section will ministrator may issue limited access be submitted to PIRO as described in permits under this section when fewer § 665.13. If the application for a limited than 15 vessel owners hold active per- access permit is submitted on behalf of mits. a partnership or corporation, the application must be accompanied by a sup- (2) When the Regional Administrator plementary information sheet obtained has determined that limited access per- from PIRO and contain the names and mits may be issued to new persons, a mailing addresses of all partners or notice shall be placed in the FEDERAL shareholders and their respective per- REGISTER, and other means will be used centage of ownership in the partner- to notify prospective applicants of the ship or corporation. opportunity to obtain permits under (d) Lobster Limited Access Permit Re- the limited access management pro- quirements. (1) A lobster limited access gram. permit is valid for fishing only in Crus- (3) A period of 90 days will be pro- tacean Permit Area 1. vided after publication of the FEDERAL (2) Only one permit will be assigned REGISTER notice for submission of new to any vessel. applications for a limited access per- (3) No vessel owner will have permits mit. for a single vessel to harvest lobsters (4) Limited access permits issued in Permit Areas 1 and 2 at the same under this paragraph (g) will be issued time. first to applicants qualifying under (4) A maximum of 15 limited access paragraph (g)(4)(i) of this section. If the permits can be valid at any time. number of limited access permits avail- (e) Transfer or sale of limited access able is greater than the number of ap- permits. (1) Permits may be transferred plicants that qualify under paragraph or sold, but no one individual, partner- (g)(4)(i) of this section, then limited ac- ship, or corporation will be allowed to cess permits will be issued to appli- hold a whole or partial interest in more cants under paragraph (g)(4)(ii) of this than one permit, except that an owner section. who qualifies initially for more than (i) First priority to receive limited one permit may maintain those per- access permits under this paragraph (g) mits, but may not obtain additional goes to owners of vessels that were permits. Layering of partnerships or used to land lobster from Permit Area corporations shall not insulate a per- 1 during the period 1983 through 1990, mit holder from this requirement. and who were excluded from the fishery (2) If 50 percent or more of the owner- by implementation of the limited ac- ship of a limited access permit is cess system. If there are insufficient passed to persons other than those list- permits for all such applicants, the new

442

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00452 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.243

permits shall be issued by the Regional (iv) During a closed season, as speci- Administrator through a lottery. fied in § 665.250. (ii) Second priority to receive limited (v) After the closure date, as speci- access permits under paragraph (g) fied in § 665.252, and until the fishery goes to owners with the most points, opens again in the following calendar based upon a point system. If two or year. more owners have the same number of (vi) In a lobster grounds after closure points and there are insufficient per- of that grounds as specified in mits for all such owners, the Regional § 665.252(b). Administrator shall issue the permits (2) Fail to report before landing or through a lottery. Under the point sys- offloading as specified in § 665.244. tem, limited access permits will be (3) Fail to comply with any protec- issued, in descending order, beginning tive measures implemented under with owners who have the most points § 665.248. and proceeding to owners who have the least points, based on the following: (4) Leave a trap unattended in the (A) Three points shall be assigned for Hawaii crustacean management area each calendar year after August 8, 1985, except as provided in § 665.245. that the applicant was the operator of (5) Maintain on board the vessel or in a vessel that was used to land lobster the water more than 1,200 traps per from Permit Area 1. fishing vessel, of which no more than (B) Two points shall be assigned for 1,100 can be assembled traps, as speci- each calendar year or partial year after fied in § 665.245. August 8, 1985, that the applicant was (6) Land lobsters taken in Permit the owner, operator, or crew member of Area 1 after the closure date, as speci- a vessel engaged in either commercial fied in § 665.252, until the fishery opens fishing in Permit Area 2 for lobster, or again the following year. fishing in Permit Area 1 for fish other (7) Refuse to make available to an than lobster with an intention to sell authorized officer and employee of all or part of the catch. NMFS designated by the Regional Ad- (C) One point shall be assigned for ministrator for inspection and copying each calendar year or partial year after any records that must be made avail- August 8, 1985, that the applicant was able in accordance with § 665.14(g)(2). the owner, operator, or crew member of (8) Possess on a fishing vessel that a vessel engaged in any other commer- has a limited access permit issued cial fishing in the EEZ surrounding Ha- under § 665.242 any lobster trap in Crus- waii. tacean Permit Area 1 when fishing for (5) A holder of a new limited access lobster is prohibited as specified in permit must own at least a 50 percent §§ 665.248, 665.250(a), or 665.252, or except share in the vessel that the permit as allowed under § 665.245(a)(7). would cover. (9) Possess on a fishing vessel that [75 FR 2205, Jan. 14, 2010, as amended at 84 has a limited access permit issued FR 2773, Feb. 8, 2019] under this subpart any lobster trap in Crustacean Permit Area 1 VMS Sub- § 665.243 Prohibitions. area when fishing for lobsters is pro- In addition to the general prohibi- hibited as specified in §§ 665.248, tions specified in 50 CFR §§ 600.725 and 665.250(a), or 665.252, except as allowed 665.15, it is unlawful for any person to under § 665.245(a)(8). do any of the following: (10) Interfere with, tamper with, (a) In Permit Area 1, it is unlawful alter, damage, disable, or impede the for any person to— operation of a VMS unit or to attempt (1) Fish for, take, or retain lobsters— any of the same while engaged in the (i) Without a limited access permit Permit Area 1 fishery; or to move or issued under § 665.242. remove a VMS unit while engaged in (ii) By methods other than lobster the Permit Area 1 fishery without first traps or by hand for lobsters, as speci- notifying the Regional Administrator. fied in § 665.245. (11) Make a false statement, oral or (iii) From closed areas for lobsters, written, to the Regional Administrator as specified in § 665.251. or an authorized officer, regarding the

443

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00453 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.244 50 CFR Ch. VI (10–1–20 Edition)

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 paragraph (a) of this section cer to inspect and certify a VMS unit at least 30 days prior to the opening of used in the fishery. the fishing season. (13) Possess, on a fishing vessel that has a limited access permit issued § 665.245 Gear restrictions. under this subpart, any lobster trap in (a) Permit Area 1. (1) Lobsters may be a lobster grounds that is closed under taken only with lobster traps or by § 665.252(b), unless the vessel has an hand. Lobsters may not be taken by operational VMS unit, certified by means of poisons, drugs, other chemi- NMFS, on board. cals, spears, nets, hook, or explosives. (b) In Permit Area 2, it is unlawful (2) The smallest opening of an entry for any person to— way of any lobster trap may not allow (1) Fish for, take, or retain lobsters— any sphere or cylinder greater than 6.5 (i) By methods other than lobster inches (16.5 cm) in diameter to pass traps or by hand, as specified in from outside the trap to inside the § 665.245; or trap. (ii) During a closed season, as speci- (3) Each lobster trap must have a fied in § 665.250(b). minimum of two escape vent panels (2) Retain or possess on a fishing ves- that meet the following requirements: sel any lobster taken in Permit Area 2 that is less than the minimum size (i) Panels must have at least four un- specified in § 665.249. obstructed circular holes no smaller (3) Possess on a fishing vessel any than 67 mm in diameter, with centers lobster or lobster part taken in Permit at least 82 mm apart. Area 2 in a condition where the lobster (ii) The lowest part of any opening in is not whole and undamaged as speci- an escape vent panel must not be more fied in § 665.249. than 85 mm above the floor of the trap. (4) Retain or possess on a fishing ves- (iii) Panels must be placed opposite sel, or remove the eggs from, any egg- one another in each trap. bearing lobster, as specified in § 665.249. (4) A vessel fishing for or in posses- (5) Possess on a fishing vessel that sion of lobster in any permit area may has a permit for Permit Area 2 issued not have on board the vessel any trap under this subpart any lobster trap in that does not meet the requirements of Permit Area 2 when fishing for lobster paragraphs (a)(1), (2), and (3) of this in the MHI is prohibited during the section. months of May, June, July, and Au- (5) A maximum of 1,200 traps per ves- gust. sel may be maintained on board or in (c) In Crustacean Permit Areas 1 and the water, provided that no more than 2, it is unlawful for any person to fish 1,100 assembled traps are maintained for, take, or retain deepwater shrimp on board or in the water. If more than without a permit issued under § 665.242. 1,100 traps are maintained, the unas- sembled traps may be carried as spares § 665.244 Notifications. only, in order to replace assembled (a) The operator of any vessel subject traps that may be lost or become unus- to the requirements of this subpart able. must: (6) Traps shall not be left unattended (1) Report, not less than 24 hours, but in any permit area, except in the event not more than 36 hours, before landing, of an emergency, in which case the ves- the port, the approximate date and the sel operator must notify the SAC of the approximate time at which spiny and emergency that necessitated leaving slipper lobsters will be landed. the traps on the grounds, and the loca- (2) Report, not less than 6 hours and tion and number of the traps, within 24 not more than 12 hours before off- hours after the vessel reaches port. loading, the location and time that off- (7) A vessel whose owner has a lim- loading of spiny and slipper lobsters ited access permit issued under this will begin. subpart and has an operating VMS unit

444

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00454 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.248

certified by NMFS may enter Crusta- Regional Administrator will notify all cean Permit Area 1 with lobster traps interested parties of the facts known on board on or after June 25, but must about the incident. The Regional Ad- remain outside the Crustacean Permit ministrator will also notify them that Area 1 VMS Subarea until the NWHI an investigation is in progress, and lobster season opens on July 1. that, if the investigation reveals a (8) A vessel whose owner has a lim- threat of harm to the monk seal popu- ited access permit issued under this lation, protective measures may be im- subpart and has on board an oper- plemented. ational VMS unit certified by NMFS (c) Investigation. (1) The Regional Ad- may transit Crustacean Permit Area 1, ministrator will investigate the inci- including Crustacean Permit Area 1 dent reported and will attempt to: VMS Subarea, with lobster traps on (i) Verify that the incident occurred. board for the purpose of moving to an- (ii) Determine the extent of the harm other lobster grounds or returning to to the monk seal population. port following the closure date, as (iii) Determine the probability of a specified in § 665.252, providing the ves- similar incident recurring. sel does not stop or fish and is making (iv) Determine details of the incident steady progress to another lobster such as: grounds or back to port as determined (A) The number of animals involved. by NMFS. (B) The cause of the mortality. (9) The operator of a permitted vessel (C) The age and sex of the dead ani- must notify the Regional Adminis- mal(s). trator or an authorized officer no later (D) The relationship of the incident than June 15 of each year if the vessel to the reproductive cycle, for example, will use a VMS unit in the fishery and breeding season (March-September), allow for inspection and certification non-breeding season (October-Feb- of the unit. ruary). (b) Permit Area 2. Lobsters may be (E) The population estimates or taken only with lobster traps or by counts of animals at the island where hand. Lobsters may not be taken by the incident occurred. means of poisons, drugs, other chemi- (F) Any other relevant information. cals, spears, nets, hooks, or explosives. (v) Discover and evaluate any extenu- ating circumstances. § 665.246 Gear identification. (vi) Evaluate any other relevant fac- In Permit Area 1, the vessel’s official tors. number must be marked legibly on all (2) The Regional Administrator will traps and floats maintained on board make the results of the investigation the vessel or in the water by that ves- available to the interested parties and sel. request their advice and comments. (d) Determination of relationship. The § 665.247 At-sea observer coverage. Regional Administrator will review All fishing vessels subject to §§ 665.240 and evaluate the results of the inves- though 665.252 and subpart A of this tigation and any comments received part must carry an observer when re- from interested parties. If there is sub- quested to do so by the Regional Ad- stantial evidence that the death of the ministrator. monk seal was related to the lobster fishery, the Regional Administrator § 665.248 Monk seal protective meas- will: ures. (1) Advise the interested parties of (a) General. This section establishes a his or her conclusion and the facts procedure that will be followed if the upon which it is based. Regional Administrator receives a re- (2) Request from the interested par- port of a monk seal death that appears ties their advice on the necessity of to be related to the lobster fishery in protective measures and suggestions Permit Area 1. for appropriate protective measures. (b) Notification. Upon receipt of a re- (e) Determination of response. The Re- port of a monk seal death that appears gional Administrator will consider all to be related to the lobster fishery, the relevant information discovered during

445

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00455 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.248 50 CFR Ch. VI (10–1–20 Edition)

the investigation or submitted by in- (ii) Until other action that will re- terested parties in deciding on the ap- spond to the problem is taken under propriate response. Protective meas- the ESA; ures may include, but are not limited (iii) Until the Assistant Adminis- to, changes in trap design, changes in trator, following the procedures set gear, closures of specific areas, or clo- forth in paragraph (j) of this section, sures for specific periods of time. decides that the protective measures (f) Action by the Regional Adminis- are no longer required and repeals the trator. If the Regional Administrator measures; or decides that protective measures are (iv) For the period of time set forth necessary and appropriate, the Re- in the FEDERAL REGISTER notification, gional Administrator will prepare a not to exceed 3 months. The measures 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 As- ures. (1) If, after completing the steps sistant Administrator will notify the described in paragraph (f) of this sec- interested parties of this preliminary tion, the Regional Administrator con- decision and the facts upon which it is cludes that protective measures are based. The Assistant Administrator necessary and appropriate, the Re- will request advice on the proposed regional Administrator will recommend peal of the protective measures. the protective measures to the Assist- (2) The Assistant Administrator will ant Administrator and provide notice consider all relevant information ob- of this recommendation to the Chair- tained by the Regional Administrator man of the Council and the Director of or submitted by interested parties in the Division of Aquatic Resources, De- deciding whether to repeal the protec- partment of Land and Natural Re- tive measures. sources, State of Hawaii. (3) If the Assistant Administrator de- (2) If the Assistant Administrator cides to repeal the protective meas- concurs with the Regional Administra- ures— tor’s recommendation, NMFS will pub- (i) Interested parties will be notified lish an action in the FEDERAL REGISTER of the decision; and that includes a description of the inci- (ii) Notification of repeal and the dent that triggered the procedure de- reasons for the repeal will be published scribed in this section, the protective in the FEDERAL REGISTER. measures, and the reasons for the pro- (k) Monk seal emergency protective tective measures. measures—(1) Determination of emer- If, at any time during the proc- (h) Notification of ‘‘no action.’’ If, at gency. ess described in paragraphs (a) through any point in the process described in (j) of this section, the Regional Admin- this section, the Regional Adminis- istrator determines that an emergency trator or Assistant Administrator de- exists involving monk seal mortality cides that no further action is required, related to the lobster fishery and that the interested parties will be notified measures are needed immediately to of this decision. protect the monk seal population, the (i) Effective dates. (1) The protective Regional Administrator will— measures will take effect 10 days after (i) Notify the interested parties of the date of publication in the FEDERAL this determination and request their REGISTER. immediate advice and comments. (2) The protective measures will re- (ii) Forward a recommendation for main in effect for the shortest of the emergency action and any advice and following time periods: comments received from interested (i) Until the Hawaii FEP and this parties to the Assistant Administrator. section are amended to respond to the (2) Implementation of emergency meas- problem; ures. If the Assistant Administrator

446

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00456 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.252

agrees with the recommendation for tional Ocean Survey Charts, Numbers emergency action— 19022, 19019, and 19016. (i) The Regional Administrator will determine the appropriate emergency § 665.252 Harvest limitation program. protective measures. (a) General. Harvest guidelines for the (ii) NMFS will publish the emergency Necker Island Lobster Grounds, Gard- protective measures in the FEDERAL ner Pinnacles Lobster Grounds, Maro REGISTER. Reef Lobster Grounds, and General (iii) The Regional Administrator will NWHI Lobster Grounds for Permit notify the interested parties of the Area 1 will be set annually for the cal- emergency protective measures. Hold- endar year and shall: ers of permits to fish in Permit Area I (1) Apply to the total catch of spiny will be notified by certified mail. Per- and slipper lobsters. mit holders that the Regional Adminis- (2) Be expressed in terms of numbers trator knows are on the fishing of lobsters. grounds also will be notified by radio. (3) Effective dates. (i) Emergency pro- (b) Harvest guideline. (1) The Regional tective measures are effective against Administrator shall use information a permit holder at 12:01 a.m., local from daily lobster catch reports and time, of the day following the day the lobster sales reports from previous permit holder receives actual notice of years, and may use information from the measures. research sampling and other sources to (ii) Emergency protective measures establish the annual harvest guideline are effective for 10 days from the day in accordance with the FEP after con- following the day the first permit hold- sultation with the Council. er is notified of the protective meas- (2) NMFS shall publish a document ures. indicating the annual harvest guideline (iii) Emergency protective measures in the FEDERAL REGISTER by February may be extended for an additional 10 28 of each year and shall use other days, if necessary, to allow the comple- means to notify permit holders of the tion of the procedures set out in harvest guideline for the year. § 665.252. (3) The Regional Administrator shall determine, on the basis of the informa- § 665.249 Lobster size and condition tion reported to NMFS by the operator restrictions in Permit Area 2. of each vessel fishing, when the harvest (a) Only spiny lobsters with a cara- guideline for each lobster ground will pace length of 8.26 cm or greater may be reached. be retained (see Figure 1 to this part). (4) Notice of the date when the har- (b) Any lobster with a punctured or vest guideline for a lobster ground is mutilated body, or a separated cara- expected to be reached and specifica- pace and tail, may not be retained. tion of the closure date of the lobster (c) A female lobster of any size may grounds will be provided to each permit not be retained if it is carrying eggs ex- holder and/or operator of each per- ternally. Eggs may not be removed mitted vessel at least 24 hours in ad- from female lobsters. vance of the closure. After a closure, the harvest of lobster in that lobster § 665.250 Closed seasons. ground is prohibited, and the posses- (a) Lobster fishing is prohibited in sion of lobster traps on board the ves- Permit Area 1 during the months of sel in that lobster ground is prohibited January through June, inclusive. unless allowed under § 665.245(a)(8). (b) Lobster fishing is prohibited in (5) With respect to the notification in Permit Area 2 during the months of paragraph (b)(4) of this section, NMFS May, June, July, and August. shall provide each permit holder and operator of each permitted vessel with § 665.251 Closed areas. the following information, as appro- All lobster fishing is prohibited: priate: (a) Within 20 nm of Laysan Island. (i) Determination of when the overall (b) Within the EEZ landward of the harvest guideline for Crustacean Per- 10-fathom curve as depicted on Na- mit Area 1 will be reached;

447

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00457 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.253 50 CFR Ch. VI (10–1–20 Edition)

(ii) Closure date after which harvest (c) Monitoring and adjustment. The op- of lobster or possession of lobster traps erator of each vessel fishing during the on board the vessel in a lobster grounds open season shall report lobster catch is prohibited; (by species) and effort (number of trap (iii) Closure date after which the pos- hauls) data while at sea to NMFS in session of lobster traps on board the Honolulu. The Regional Administrator vessel in Crustacean Permit Area 1 is shall notify permit holders of the re- prohibited by any permitted vessel porting method, schedule, and logistics that is not operating a VMS unit cer- at least 30 days prior to the opening of tified by NMFS; and the fishing season. (iv) Specification of when further landings of lobster will be prohibited § 665.253 Annual Catch Limits (ACL). by permitted vessels not carrying an In accordance with § 665.4, the ACLs operational VMS unit, certified by for MHI crusteaceans for each fishing NMFS, on board. year are as follows:

2019 ACL 2020 ACL 2021 ACL Fishery (lb) (lb) (lb)

Kona crab ...... 3,500 NA NA Deepwater shrimp ...... 250,733 250,733 250,733

[85 FR 26624, May 5, 2020] lat., 157° W. long., and west and north of a point at 20°45′ N. lat., 156°40′ W. §§ 665.254–665.259 [Reserved] long. § 665.260 Hawaii precious coral fish- (2) Conditional beds. (i) Keahole Point eries. [Reserved] (Hawaii), Permit Area C–B–1, includes the area within a radius of 0.5 nm of a § 665.261 Definitions. point at 19°46.0′ N. lat., 156°06.0′ W. long. As used in §§ 665.260 through 665.270: (ii) Kaena Point (Oahu), Permit Area Hawaii precious coral ecosystem compo- C–B–2, includes the area within a ra- nent species (Hawaii precious coral ECS) dius of 0.5 nm of a point at 21°35.4′ N. means those species identified as ECS lat., 158°22.9′ W. long. in the Hawaii FEP. (iii) Brooks Bank, Permit Area C–B– Hawaii precious coral management unit 3, includes the area within a radius of species (Hawaii precious coral MUS) 2.0 nm of a point at 24°06.0′ N. lat., means the following species: 166°48.0′ W. long. Common name Scientific name (iv) 180 Fathom Bank, Permit Area C–B–4, N.W. of Kure Atoll, includes the Pink coral ...... Pleurocorallium secundum. Red coral ...... Hemicorallium laauense. area within a radius of 2.0 nm of a Gold coral ...... Kulamanamana haumeaae. point at 28°50.2′ N. lat., 178°53.4′ W. long. Bamboo coral ...... Acanella sp. Black coral ...... Antipathes griggi, Antipathes (3) Refugia. Westpac Bed, Permit grandis, Myriopathes ulex. Area R–1, includes the area within a radius of 2.0 nm of a point at 23°18′ N. Hawaii precious coral permit area lat., 162°35′ W. long. means the area encompassing the pre- (4) Exploratory areas. Permit Area X– cious coral beds within the EEZ around P–H includes all coral beds, other than Hawaii. Each bed is designated by a established beds, conditional beds, or permit area code and assigned to one of refugia, in the EEZ seaward of the the following four categories: State of Hawaii. (1) Established beds. (i) Makapu’u (Oahu), Permit Area E–B–1, includes [75 FR 2205, Jan. 14, 2010, as amended at 84 the area within a radius of 2.0 nm of a FR 2773, Feb. 8, 2019] point at 21°18.0′ N. lat., 157°32.5′ W. long. (ii) Au’au Channel (Maui), Permit § 665.262 Permits. Area E–B–2, includes the area west and (a) Any vessel of the United States south of a point at 21°10′ N. lat., 156°40′ fishing for, taking, or retaining Hawaii W. long., and east of a point at 21° N.

448

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00458 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.268

precious coral MUS or ECS in any Ha- minimum height specified in § 665.265 waiian Archipelago precious coral per- unless: mit area must have a permit issued (1) A valid EFP was issued under under § 665.13. § 665.17 for the vessel and the vessel was (b) Each permit will be valid for fish- operating under the terms of the per- ing only in the permit area specified on mit; or the permit. Precious Coral Permit (2) The coral originated outside coral Areas are defined in § 665.261. beds listed in this paragraph, and this (c) No more than one permit will be can be demonstrated through receipts valid for any one vessel at any one of purchase, invoices, or other docu- time. mentation. (d) No more than one permit will be [75 FR 2205, Jan. 14, 2010, as amended at 84 valid for any one person at any one FR 2773, Feb. 8, 2019; 85 FR 26624, May 5, 2020] time. (e) The holder of a valid permit to § 665.264 Gear restrictions. fish one permit area may obtain a per- Only selective gear may be used to mit to fish another permit area only harvest coral from any precious coral upon surrendering to the Regional Ad- permit area. ministrator any current permit for the precious coral fishery issued under § 665.265 Size restrictions. § 665.13. The height of a live coral specimen (f) General requirements governing shall be determined by a straight line application information, issuance, fees, measurement taken from its base to its expiration, replacement, transfer, al- most distal extremity. The stem di- teration, display, sanctions, and ap- ameter of a living coral specimen shall peals for permits for the precious coral be determined by measuring the great- fishery are contained in § 665.13. est diameter of the stem at a point no [75 FR 2205, Jan. 14, 2010, as amended at 84 less than 1 inch (2.54 cm) from the top FR 2773, Feb. 8, 2019] surface of the living holdfast. (a) Live Hemicorallium laauense, § 665.263 Prohibitions. Pleurocorallium secundum, or Corallium In addition to the general prohibi- sp. harvested from any precious coral tions specified in 50 CFR 600.725 and in permit area must have attained a min- 665.15, it is unlawful for any person to: imum height of 10 inches (25.4 cm). (a) Use any vessel to fish for, take, (b) Live black coral harvested from retain, possess or land precious coral in any precious coral permit area must any Hawaii precious coral permit area, have attained either a minimum stem unless a permit has been issued for diameter of 1 inch (2.54 cm), or a min- that vessel and area as specified in imum height of 48 inches (122 cm). § 665.13 and that permit is on board the [75 FR 2205, Jan. 14, 2010, as amended at 84 vessel. FR 2774, Feb. 8, 2019] (b) Fish for, take, or retain any species of Hawaii precious coral MUS or § 665.266 Area restrictions. Hawaii precious coral ECS in any pre- Fishing for coral on the WestPac Bed cious coral permit area: is not allowed. The specific area closed (1) By means of gear or methods pro- to fishing is all waters within a 2-nm hibited by § 665.264. radius of the midpoint of 23°18.0′ N. lat., (2) In refugia specified in § 665.261. 162°35.0′ W. long. (3) In a bed for which the ACL specified in § 665.269 has been attained. § 665.267 Seasons. (4) In violation of any permit issued The fishing year for precious coral under §§ 665.13 or 665.17. begins on July 1 and ends on June 30 (5) In a bed that has been closed pur- the following year. suant to §§ 665.268 or 665.270. (c) Take and retain, possess, or land [85 FR 26624, May 5, 2020] any live Hemicorallium laauense, Pleurocorallium secundum, Corallium sp., § 665.268 Closures. or live black coral from any precious (a) If the Regional Administrator de- coral permit area that is less than the termines that the ACL for any coral

449

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00459 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.269 50 CFR Ch. VI (10–1–20 Edition)

bed will be reached prior to the end of the United States in the following the fishing year, NMFS shall publish a manner: document to that effect in the FEDERAL (1) At the start of the fishing year, REGISTER and shall use other means to the reserve for the Hawaii exploratory notify permit holders. Any such notice areas will equal the ACL minus the es- must indicate the fishery shall be timated domestic annual harvest for closed, the reason for the closure, the that year. specific bed being closed, and the effec- (2) As soon as practicable after De- tive date of the closure. cember 31 each year, the Regional Ad- (b) A closure is also effective for a ministrator will determine the amount permit holder upon the permit holder’s harvested by vessels of the United actual harvest of the applicable quota. States between July 1 and December 31 of the year that just ended on Decem- [75 FR 2205, Jan. 14, 2010, as amended at 85 ber 31. FR 26624, May 5, 2020] (3) NMFS will release to TALFF an amount of Hawaii precious coral for § 665.269 Annual Catch Limits (ACL). each exploratory area equal to the ACL (a) General. The ACLs limiting the minus two times the amount harvested amount of precious coral that may be by vessels of the United States in that taken in any precious coral permit July 1–December 31 period. area during the fishing year are listed (4) NMFS will publish in the FEDERAL in paragraph (c) of this section. Only REGISTER a notification of the Re- live coral is counted toward the ACL. gional Administrator’s determination The accounting period for each fishing and a summary of the information on year for all precious coral ACLs begins which it is based as soon as practicable July 1 and ends June 30 of the fol- after the determination is made. lowing year. (c) In accordance with § 665.4, the (b) Reserves and reserve release. The ACLs for MHI precious coral permit ACL for exploratory area X–P–H will be areas for each fishing year are as fol- held in reserve for harvest by vessels of lows:

TABLE 1 TO PARAGRAPH (c)

Type of Area and coral 2019 ACL 2020 ACL 2021 ACL coral bed group (lb) (lb) (lb)

Established bed ...... Auau Channel—Black coral ...... 5,512 5,512 5,512 Makapuu Bed—Pink and red coral .. 2,205 2,205 2,205 Makapuu Bed—Bamboo coral ...... 551 551 551 Conditional Beds...... 180 Fathom Bank—Pink and red 489 489 489 coral. 180 Fathom Bank—Bamboo coral ... 123 123 123 Brooks Bank—Pink and red coral .... 979 979 979 Brooks Bank—Bamboo coral ...... 245 245 245 Kaena Point Bed—Pink and red 148 148 148 coral. Kaena Point Bed—Bamboo coral ..... 37 37 37 Keahole Bed—Pink and red coral .... 148 148 148 Keahole Bed—Bamboo coral ...... 37 37 37 Exploratory Area ...... Hawaii—precious coral ...... 2,205 2,205 2,205

NOTE 1 TO § 665.269: No fishing for coral is coral permit area is prohibited through authorized in refugia. June 30, 2023. NOTE 2 TO § 665.269: A moratorium on gold coral harvesting is in effect through June 30, [84 FR 2774, Feb. 8, 2019] 2023. [85 FR 26624, May 5, 2020] Subpart D—Mariana Archipelago Fisheries § 665.270 Gold coral harvest moratorium. § 665.398 Management area. Fishing for, taking, or retaining any The Mariana fishery management gold coral MUS or ECS in any precious area is the EEZ seaward of Guam and

450

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00460 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.402

CNMI with the inner boundary a line CNMI commercial bottomfish permit coterminous with the seaward bound- means the permit required by aries of Guam and CNMI and the outer § 665.404(a)(2) to engage in commercial boundary a line drawn in such a man- fishing for Mariana bottomfish MUS in ner that each point on it is 200 nautical the CNMI management subarea. miles from the baseline from which the Guam bottomfish permit means the per- territorial sea is measured, or is coter- mit required by § 665.404(a)(1) to use a minous with adjacent international large vessel to fish for, land, or trans- maritime boundaries. ship Mariana bottomfish MUS shore- § 665.399 Area restrictions. ward of the outer boundary of the Guam subarea of the Mariana fishery Anchoring by all fishing vessels over 50 ft (15.25 m) LOA is prohibited in the management area. U.S. EEZ seaward of Guam west of Mariana bottomfish ecosystem compo- 144°30′ E. long. except in the event of an nent species (Mariana bottomfish ECS) emergency caused by ocean conditions means those species identified as ECS or by a vessel malfunction that can be in the Marianas Archipelago FEP and documented. not defined as Mariana bottomfish MUS. § 665.400 Mariana bottomfish fisheries. Mariana bottomfish management unit [Reserved] species (Mariana bottomfish MUS) means § 665.401 Definitions. the following fish: As used in §§ 665.400 through 665.419:

Local name Common name Scientific name

(1) lehi/maroobw ...... red snapper, silvermouth ...... Aphareus rutilans. (2) tarakitu/etam ...... giant trevally, jack ...... Caranx ignobilis. (3) tarakiton attelong, orong ...... black trevally, jack ...... Caranx lugubris. (4) bueli, bwele ...... lunartail grouper ...... Variola louti. (5) buninas agaga’, falaghal moroobw .. red snapper ...... Etelis carbunculus. (6) abuninas, taighulupegh ...... red snapper ...... Etelis coruscans. (7) mafuti, atigh ...... redgill emperor ...... Lethrinus rubrioperculatus. (8) funai, saas ...... blueline snapper ...... Lutjanus kasmira. (9) buninas, falaghal-maroobw ...... yellowtail snapper ...... Pristipomoides auricilla. (10) buninas, pakapaka, falaghal- pink snapper ...... Pristipomoides filamentosus. maroobw,. (11) buninas, falaghal-maroobw ...... yelloweye snapper ...... Pristipomoides flavipinnis. (12) buninas, falaghal-maroobw ...... pink snapper ...... Pristipomoides sieboldii. (13) buninas rayao amariyu, falaghal- flower snapper ...... Pristipomoides zonatus. maroobw.

[75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2774, Feb. 8, 2019; 84 FR 29397, June 24, 2019]

§ 665.402 Management subareas. such a manner that each point on it is The Mariana fishery management 200 nautical miles from the baseline area is divided into bottomfish man- from which the territorial sea is meas- agement subareas with the following ured, or is coterminous with adjacent designations and boundaries: international maritime boundaries. (a) Guam Management Subarea means The boundary between the fishery the EEZ seaward of the Territory of management areas of Guam and the Guam, with the inner boundary defined CNMI extends to those points that are as a line coterminous with the seaward equidistant between Guam and the is- boundary of the Territory of Guam. land of Rota in the CNMI. CNMI and (b) CNMI Management Subarea means Guam management subareas are di- the EEZ seaward of the CNMI, with the vided by a line intersecting these two inner boundary defined as a line coter- points: 148° E. long., 12° N. lat., and 142° minous with the seaward boundary of E. long., 16° N. lat. the CNMI. (c) The outer boundary of each fish- [75 FR 2205, Jan. 14, 2010, as amended at 81 ery management area is a line drawn in FR 61626, Sept. 7, 2016]

451

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00461 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.403 50 CFR Ch. VI (10–1–20 Edition)

§ 665.403 Bottomfish fishery area man- ter and § 665.15, it is unlawful for any agement. person to do any of the following: (a) Guam large vessel bottomfish prohib- (a) Fish for Mariana bottomfish MUS ited area (Area GU–1). A large vessel of or ECS using gear prohibited under the United States, as defined in § 665.12, § 665.406. may not be used to fish for Mariana (b) Use a large vessel that does not bottomfish MUS or ECS in the Guam have a valid Guam bottomfish permit large vessel bottomfish prohibited registered for use with that vessel to area, defined as the U.S. EEZ waters fish for, land, or transship Mariana surrounding Guam that are enclosed by bottomfish MUS or ECS shoreward of straight lines connecting the following the outer boundary of the Guam man- coordinates in the order listed: agement subarea of the bottomfish fishery management area in violation Point N. lat. E. long. of § 665.404(a). GU–1–A ...... 14°16′ 144°17′ (c) Use a large vessel to fish for Mar- GU–1–B ...... 13°50′ 143°52′ iana bottomfish MUS or ECS within GU–1–C ...... 13°17′ 143°46′ GU–1–D ...... 12°50′ 143°54′ the Guam large vessel bottomfish pro- GU–1–E ...... 12°30′ 144°14′ hibited area, as defined in § 665.403(a). GU–1–F ...... 12°25′ 144°51′ (d) Land or transship, shoreward of ° ′ ° ′ GU–1–G ...... 12 57 145 33 the outer boundary of the Guam man- GU–1–H ...... 13°12′ 145°43′ GU–1–I ...... 13°29′44″ 145°48′27″ agement subarea of the bottomfish GU–1–A ...... 14°16′ 144°17′ fishery management area, Mariana bottomfish MUS or ECS that were har- (b) [Reserved] vested in violation of § 665.405(c). [75 FR 2205, Jan. 14, 2010, as amended at 81 (e) Use a vessel to fish commercially FR 61626, Sept. 7, 2016; 84 FR 2774, Feb. 8, for Mariana bottomfish MUS or ECS in 2019] the CNMI management subarea without a valid CNMI commercial § 665.404 Permits. bottomfish permit registered for use (a) Applicability—(1) Guam large vessel. with that vessel, in violation of The owner of any large vessel used to § 665.404(a)(2). fish for, land, or transship Mariana (f) Falsify or fail to make, keep, bottomfish MUS or ECS shoreward of maintain, or submit a Federal logbook the outer boundary of the Guam sub- as required under § 665.14(b) when using area must have a permit issued under a vessel to engage in commercial fish- this section, and the permit must be ing for Mariana bottomfish MUS or registered for use with that vessel. ECS in the CNMI management subarea (2) Commonwealth of the Northern Mar- in violation of § 665.14(b). iana Islands (CNMI) commercial. The owner of any vessel used to commer- [84 FR 2774, Feb. 8, 2019] cially fish for, transship, receive, or land Mariana bottomfish MUS or ECS § 665.406 Gear restrictions. shoreward of the outer boundary of the (a) Bottom trawls and bottom set CNMI management subarea must have gillnets. Fishing for bottomfish with a permit issued under this section, and bottom trawls and bottom set gillnets the permit must be registered for use is prohibited. with that vessel. (b) Possession of gear. Possession of a (b) Submission. An application for a bottom trawl and bottom set gillnet by permit required under this section any vessel having a permit under must be submitted to PIRO as de- § 665.404 or otherwise established to be scribed in § 665.13. fishing for bottomfish in the manage- [75 FR 2205, Jan. 14, 2010, as amended at 84 ment subareas is prohibited. FR 2774, Feb. 8, 2019] (c) Poisons and explosives. The possession or use of any poisons, explosives, § 665.405 Prohibitions. or intoxicating substances for the pur- In addition to the general prohibi- pose of harvesting bottomfish is pro- tions specified in § 600.725 of this chap- hibited.

452

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00462 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.424

§ 665.407 At-sea observer coverage. § 665.424 Permits and fees. All fishing vessels subject to §§ 665.400 (a) Applicability. Unless otherwise through 665.407 must carry an observer specified in this subpart, § 665.13 applies when directed to do so by the Regional to coral reef ecosystem permits. Administrator. (1) Special permit. Any person of the United States fishing for, taking or re- §§ 665.408–665.419 [Reserved] taining Mariana coral reef ECS must have a special permit if they, or a ves- § 665.420 Mariana coral reef ecosystem sel which they operate, is used to fish fisheries. [Reserved] for any: (i) Mariana coral reef ecosystem § 665.421 Definitions. MUS ECS in low-use MPAs as defined As used in §§ 665.420 through 665.439, in § 665.399; Mariana coral reef ecosystem component (ii) Mariana coral reef ECS in the species (Mariana coral reef ECS) are coral reef ecosystem management area; those species identified in the Mari- or anas Archipelago FEP and are not de- (iii) Mariana coral reef ECS in the fined as MUS or another ECS in this Mariana coral reef ecosystem manage- subpart. ment area with any gear not specifically allowed in this subpart. [84 FR 2774, Feb. 8, 2019] (2) Transshipment permit. A receiving vessel must be registered for use with a § 665.422 Management area. transshipment permit if that vessel is The Mariana coral reef management used in the Mariana coral reef eco- area consists of the U.S. EEZ around system management area to land or Guam and the offshore area of the transship any Mariana coral reef ECS CNMI or that portion of the U.S. EEZ harvested within low-use MPAs. around CNMI between three nautical (3) Exceptions. The following persons miles offshore and the outer boundary are not required to have a permit under of the U.S. EEZ. The inner boundary of this section: the management area is the seaward (i) Any person issued a permit to fish boundaries of the Territory of Guam, under any FEP who incidentally and a line three nautical miles seaward catches Mariana coral reef ECS while from the shoreline of CNMI. The outer fishing for bottomfish MUS or ECS, boundary of the management area is crustacean ECS, western Pacific pe- the outer boundary of the U.S. EEZ or lagic MUS, precious coral ECS, or sea- adjacent international maritime mount groundfish MUS. boundaries. The CNMI and Guam man- (ii) Any person fishing for Mariana agement area is divided by a line inter- coral reef ECS outside of an MPA, who secting these two points: 148° E. long., does not retain any Mariana coral reef 12° N. lat., and 142° E. long., 16° N. lat. ECS. (iii) Any person collecting marine or- § 665.423 Relation to other laws. ganisms for scientific research as de- To ensure consistency between the scribed in § 665.17, or § 600.745 of this management regimes of different Fed- 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 Mariana coral reef eco- ment area specified on the permit. system management area, fishing for (c) General requirements. General re- Mariana coral reef ECS is not allowed quirements governing application in- within the boundary of a National formation, issuance, fees, expiration, Wildlife Refuge unless specifically au- replacement, transfer, alteration, dis- thorized by the USFWS, regardless of play, sanctions, and appeals for permits are contained in § 665.13. whether that refuge was established by action of the President or the Sec- (d) Special permit. The Regional Ad- ministrator shall issue a special permit retary of the Interior. in accordance with the criteria and [84 FR 2774, Feb. 8, 2019] procedures specified in this section.

453

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00463 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.424 50 CFR Ch. VI (10–1–20 Edition)

(1) Application. An applicant for a (C) The current status of resources to special or transshipment permit issued be harvested in relation to the over- under this section must complete, and fishing definition in the FEP; submit to the Regional Administrator, (D) Estimated ecosystem, habitat, a Special Coral Reef Ecosystem Fish- and protected species impacts of the ing Permit Application Form issued by proposed activity; and NMFS. Information in the application (E) Other biological and ecological form must include, but is not limited information relevant to the proposal. to, a statement describing the objec- The applicant will be provided with an tives of the fishing activity for which a opportunity to appear in support of the special permit is needed, including a application. general description of the expected dis- (iii) Following a review of the Coun- position of the resources harvested cil’s recommendation and supporting under the permit (i.e., stored live, rationale, the Regional Administrator fresh, frozen, preserved; sold for food, may: ornamental, research, or other use; and (A) Concur with the Council’s rec- a description of the planned fishing op- ommendation and, after finding that it eration, including location of fishing is consistent with the goals and objec- and gear operation, amount and species tives of the FEP, the national stand- (directed and incidental) expected to be ards, the Endangered Species Act, and harvested and estimated habitat and other applicable laws, approve or deny protected species impacts). a special permit; or (2) Incomplete applications. The Re- (B) Reject the Council’s rec- gional Administrator may request from ommendation, in which case, written an applicant additional information reasons will be provided by the Re- necessary to make the determinations gional Administrator to the Council for required under this section. An appli- the rejection. cant will be notified of an incomplete (iv) If the Regional Administrator application within 10 working days of does not receive a recommendation receipt of the application. An incom- from the Council within 60 days of plete application will not be considered Council receipt of the permit applica- until corrected and completed in writ- tion, the Regional Administrator can ing. 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 USCG, the thereafter, NMFS will notify the appli- fishery management agency of the af- cant in writing of the decision to grant fected state, and other interested par- or deny the special permit and, if de- ties who have identified themselves to nied, the reasons for the denial. 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 tions for approval or disapproval of the incidental catch in the season or loca- application based on: tion specified under the permit would (A) Information provided by the ap- detrimentally affect any coral reef re- plicant; source or coral reef ecosystem in a sig- (B) The current domestic annual har- nificant way, including, but not lim- vesting and processing capacity of the ited to, issues related to spawning directed and incidental species for grounds or seasons, protected species which a special permit is being re- interactions, EFH, and habitat areas of quested; particular concern (HAPC).

454

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00464 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.424

(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 FEP, as appropriate, based based on previous human or natural upon information relative to the appli- impacts in the given area. cation on file at NMFS and the Council (E) NMFS has determined that the and any additional information, the maximum number of permits for a summary record kept of any hearing given area in a given season has been and the hearing officer’s recommended reached and allocating additional per- decision, if any, and such other consid- mits in the same area would be detri- erations as deemed appropriate. The mental to the resource. Regional Administrator will notify all (F) The activity proposed under the interested persons of the decision, and special permit would create a signifi- the reasons therefore, in writing, nor- cant enforcement problem. mally within 30 days of the receipt of (vi) The Regional Administrator may sufficient information, unless addi- attach conditions to the special per- tional time is needed for a hearing. mit, if it is granted, consistent with (iii) If a hearing is requested, or if the management objectives of the FEP, the Regional Administrator determines including, but not limited to: that one is appropriate, the Regional (A) The maximum amount of each re- Administrator may grant an informal source that can be harvested and land- hearing before a hearing officer des- ed during the term of the special per- ignated for that purpose after first giv- mit, including trip limits, where appro- ing notice of the time, place, and sub- priate. ject matter of the hearing in the FED- (B) The times and places where fish- ERAL REGISTER. Such a hearing shall ing may be conducted. normally be held no later than 30 days (C) The type, size, and amount of following publication of the notice in gear which may be used by each vessel the FEDERAL REGISTER, unless the operated under the special permit. hearing officer extends the time for (D) Data reporting requirements. reasons deemed equitable. The appel- (E) Such other conditions as may be lant, the applicant (if different), and, necessary to ensure compliance with at the discretion of the hearing officer, the purposes of the special permit con- other interested parties, may appear sistent with the objectives of the FEP. personally and/or be represented by (4) Appeals of permit actions. counsel at the hearing and submit in- (i) Except as provided in subpart D of formation and present arguments as 15 CFR part 904, any applicant for a determined appropriate by the hearing permit or a permit holder may appeal officer. Within 30 days of the last day the granting, denial, conditioning, or of the hearing, the hearing officer shall suspension of their permit or a permit recommend in writing a decision to the affecting their interests to the Re- Regional Administrator. gional Administrator. In order to be (iv) The Regional Administrator may considered by the Regional Adminis- adopt the hearing officer’s rec- trator, such appeal must be in writing, ommended decision, in whole or in must state the action(s) appealed, and part, or may reject or modify it. In any the reasons therefore, and must be sub- event, the Regional Administrator will mitted within 30 days of the original notify interested persons of the deci- action(s) by the Regional Adminis- sion, and the reason(s) therefore, in trator. The appellant may request an writing, within 30 days of receipt of the informal hearing on the appeal. hearing officer’s recommended deci- (ii) Upon receipt of an appeal author- sion. The Regional Administrator’s ac- ized by this section, the Regional Ad- tion constitutes final action for the ministrator will notify the permit ap- agency for the purposes of the Admin- plicant, or permit holder as appro- istrative Procedure Act.

455

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00465 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.425 50 CFR Ch. VI (10–1–20 Edition)

(5) The Regional Administrator may or Hawaii at least 24 hours before land- extend, for good cause, any time limit ing any Mariana coral reef ECS har- prescribed in this section for a period vested under a special permit, and re- not to exceed 30 days, either upon his port the port and the approximate date or her own motion or upon written re- and time at which the catch will be quest from the Council, appellant or landed. applicant stating the reason(s) there- [84 FR 2775, Feb. 8, 2019] fore. [75 FR 2205, Jan. 14, 2010, as amended at 84 § 665.427 Allowable gear and gear re- FR 2775, Feb. 8, 2019] strictions. (a) Mariana coral reef ECS may be § 665.425 Prohibitions. taken only with the following allow- In addition to the general prohibi- able gear and methods: tions specified in § 600.725 of this chap- (1) Hand harvest; ter and § 665.15 of this part, it is unlaw- (2) Spear; ful for any person to do any of the fol- (3) Slurp gun; lowing: (4) Hand net/dip net; (a) Fish for, take, retain, possess or (5) Hoop net for Kona crab; land any Mariana coral reef ECS in any (6) Throw net; low-use MPA as defined in § 665.12 un- (7) Barrier net; less: (8) Surround/purse net that is at- (1) A valid permit has been issued for tended at all times; the hand harvester or the fishing vessel (9) Hook-and-line (includes handline operator that specifies the applicable (powered or not), rod-and-reel, and area of harvest; trolling); (2) A permit is not required, as out- (10) Crab and fish traps with vessel ID lined in § 665.424 of this part; or number affixed; and (3) The Mariana coral reef ECS pos- (11) Remote-operating vehicles/ sessed on board the vessel originated submersibles. outside the management area, and this (b) Mariana coral reef ECS may not can be demonstrated through receipts be taken by means of poisons, explo- of purchase, invoices, fishing logbooks sives, or intoxicating substances. Pos- or other documentation. session or use of these materials by (b) Fish for, take, or retain any Mar- any permit holder under this subpart iana coral reef ECS species: who is established to be fishing for (1) That is determined overfished coral reef ECS in the management area with subsequent rulemaking by the Re- is prohibited. gional Administrator. (c) Existing FEP fisheries shall fol- (2) By means of gear or methods pro- low the allowable gear and methods hibited under § 665.427. outlined in their respective plans. (3) In a low-use MPA without a valid (d) Any person who intends to fish special permit. with new gear not included in this sec- (4) In violation of any permit issued tion must describe the new gear and its under §§ 665.13 or 665.424. method of deployment in the special (c) Fish for, take, or retain any wild permit application. A decision on the live rock or live hard coral except permissibility of this gear type will be under a valid special permit for sci- made by the Regional Administrator entific research, aquaculture seed after consultation with the Council and stock collection or traditional and cer- the director of the affected state fish- emonial purposes by indigenous people. ery management agency. [75 FR 2205, Jan. 14, 2010, as amended at 84 [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2775, Feb. 8, 2019] FR 2775, Feb. 8, 2019]

§ 665.426 Notifications. § 665.428 Gear identification. Any special permit holder subject to (a) The vessel number must be affixed the requirements of this subpart must to all fish and crab traps on board the contact the appropriate NMFS enforce- vessel or deployed in the water by any ment agent in American Samoa, Guam, vessel or person holding a permit under

456

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00466 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.444

§§ 665.13 or 665.424 or that is otherwise Permit Area 5 must have a permit established to be fishing for Mariana issued for that vessel. coral reef ecosystem MUS in the man- (b) General requirements. General re- agement area. quirements governing application in- (b) Enforcement action. (1) Traps not formation, issuance, fees, expiration, marked in compliance with paragraph replacement, transfer, alteration, dis- (a) of this section and found deployed play, sanctions, and appeals for per- in the coral reef ecosystem manage- mits issued under this section, as appli- ment area will be considered unclaimed cable, are contained in § 665.13. or abandoned property, and may be dis- (c) Application. An application for a posed of in any manner considered ap- permit required under this section propriate by NMFS or an authorized of- shall be submitted to PIRO as de- ficer. scribed in § 665.13. If the application for (2) Unattended surround nets or bait seine nets found deployed in the coral a limited access permit is submitted on reef ecosystem management area will behalf of a partnership or corporation, be considered unclaimed or abandoned the application must be accompanied property, and may be disposed of in by a supplementary information sheet any manner considered appropriate by obtained from PIRO and contain the NMFS or an authorized officer. names and mailing addresses of all partners or shareholders and their re- §§ 665.429–665.439 [Reserved] spective percentage of ownership in the partnership or corporation. § 665.440 Mariana crustacean fisheries. [Reserved] [75 FR 2205, Jan. 14, 2010, as amended at 81 FR 61626, Sept. 7, 2016; 84 FR 2775, Feb. 8, § 665.441 Definitions. 2019] As used in §§ 665.440 through 665.459: § 665.443 Prohibitions. Crustacean Permit Area 5 (Permit Area 5) means the EEZ around Guam and In addition to the general prohibi- the EEZ seaward of points 3 nautical tions specified in § 600.725 of this chap- miles from the shoreline of the CNMI. ter and § 665.15, it is unlawful for any Mariana crustacean ecosystem compo- person in Crustacean Permit Area 5 to nent species (Mariana crustacean ECS) fish for, take, or retain Heterocarpus sp. means those species identified as ECS without a permit issued under § 665.442. in the Marianas Archipelago FEP. [84 FR 2775, Feb. 8, 2019] Mariana crustacean management unit species means the following crusta- § 665.444 Notifications. ceans: (a) The operator of any vessel subject English common to the requirements of this subpart Local name name Scientific name must: Mahonggang ..... spiny lobster ...... Panulirus (1) Report, not less than 24 hours, but marginatus, not more than 36 hours, before landing, Panulirus penicillatus. the port, the approximate date and the pa’pangpang ...... slipper lobster ...... Scyllaridae. approximate time at which spiny and Kona crab ...... Ranina ranina. slipper lobsters will be landed. deepwater shrimp Heterocarpus spp. (2) Report, not less than 6 hours and not more than 12 hours before off- [75 FR 2205, Jan. 14, 2010, as amended at 84 loading, the location and time that off- FR 2775, Feb. 8, 2019] loading of spiny and slipper lobsters § 665.442 Permits. will begin. (b) The Regional Administrator will (a) Applicability. (1) The owner of any vessel used to fish for lobster in Crus- notify permit holders of any change in tacean Permit Area 5 must have a per- the reporting method and schedule re- mit issued for such a vessel. quired in paragraphs (a)(1) and (2) of (2) The owner of any vessel used to this section at least 30 days prior to fish for Heterocarpus sp. in Crustacean the opening of the fishing season.

457

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00467 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.445 50 CFR Ch. VI (10–1–20 Edition)

§ 665.445 At-sea observer coverage. iana Archipelago precious coral permit All fishing vessels subject to §§ 665.440 area must have a permit issued under through 665.445 and subpart A of this § 665.13. (b) Each permit will be valid for fish- part must carry an observer when re- ing only in the permit area specified on quested to do so by the Regional Ad- the permit. Precious Coral Permit ministrator. Areas are defined in § 665.461. §§ 665.446–665.459 [Reserved] (c) No more than one permit will be valid for any one vessel at any one § 665.460 Mariana precious coral fish- time. eries. [Reserved] (d) No more than one permit will be valid for any one person at any one § 665.461 Definitions. time. As used in §§ 665.460 through 665.470: (e) The holder of a valid permit to Mariana precious coral ecosystem com- fish one permit area may obtain a per- ponent species (Mariana precious coral mit to fish another permit area only ECS) means those species identified as upon surrendering to the Regional Ad- ECS in the Marianas Archipelago FEP. ministrator any current permit for the Mariana precious coral management precious coral fishery issued under unit species means any coral of the § 665.13. genus Corallium in addition to the fol- (f) General requirements governing lowing species of corals: application information, issuance, fees, expiration, replacement, transfer, al- English common name Scientific name teration, display, sanctions, and appeals for permits for the precious coral Pink coral (also Corallium secundum, Corallium regale, fishery are contained in § 665.13. known as red Corallium laauense. coral). [75 FR 2205, Jan. 14, 2010, as amended at 84 Gold coral ...... Gerardia spp., Callogorgia gilberti, Narella FR 2775, Feb. 8, 2019] spp., Calyptrophora spp. Bamboo coral .... Lepidisis olapa, Acanella spp. Black coral ...... Antipathes dichotoma, Antipathes grandis, § 665.463 Prohibitions. Antipathes ulex. In addition to the general prohibitions specified in § 600.725 of this chap- Mariana precious coral permit area ter and in § 665.15, it is unlawful for any means the area encompassing the pre- person to: cious coral beds within the EEZ around (a) Use any vessel to fish for, take, the Mariana Archipelago. Each bed is retain, possess or land Mariana pre- designated by a permit area code and cious coral ECS in any Mariana pre- assigned to one of the following four cious coral permit area, unless a per- categories: mit has been issued for that vessel and (1) Established beds. [Reserved] area as specified in § 665.13 and that (2) Conditional beds. [Reserved] permit is on board the vessel. (3) Refugia. [Reserved] (b) Fish for, take, or retain any spe- (4) Exploratory Area. cies of Mariana precious coral ECS in (i) Permit Area X–P–G includes all any Mariana precious coral permit coral beds, other than established beds, area: conditional beds, or refugia, in the EEZ (1) By means of gear or methods pro- seaward of Guam. hibited by § 665.464. (ii) Permit Area X–P–CNMI includes (2) In refugia specified in § 665.461. all coral beds, other than established (3) In a bed for which the quota speci- beds, conditional beds, or refugia, in fied in § 665.467 has been attained. the EEZ seaward of points 3 nautical (4) In violation of any permit issued miles from the shoreline of the CNMI. under §§ 665.13 or 665.17. [75 FR 2205, Jan. 14, 2010, as amended at 84 (5) In a bed that has been closed pur- FR 2775, Feb. 8, 2019] suant to §§ 665.466 or 665.469. (c) Take and retain, possess, or land § 665.462 Permits. any live Hemicorallium laauense, (a) Any vessel of the United States Pleurocorallium secundum, Corallium sp., fishing for, taking, or retaining Mar- or live black coral from any precious iana precious coral ECS in any Mar- coral permit area that is less than the

458

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00468 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.469

minimum height specified in § 665.465 § 665.467 Quotas. unless: (a) General. The quotas limiting the (1) A valid EFP was issued under amount of precious coral that may be § 665.17 for the vessel and the vessel was taken in any precious coral permit operating under the terms of the per- area during the fishing year are listed mit; or in § 665.467(d). Only live coral is counted (2) The coral originated outside coral toward the quota. The accounting pe- beds listed in this paragraph, and this riod for all quotas begins July 1, 1983. can be demonstrated through receipts (b) Conditional bed closure. A condi- of purchase, invoices, or other docu- tional bed will be closed to all non- mentation. selective coral harvesting after the [75 FR 2205, Jan. 14, 2010, as amended at 84 quota for one species of coral has been FR 2775, Feb. 8, 2019] taken. (c) Reserves and reserve release. The § 665.464 Gear restrictions. quotas for exploratory areas X–P–G Only selective gear may be used to and X–P–CNMI will be held in reserve harvest coral from any precious coral for harvest by vessels of the United permit area. States in the following manner: (1) At the start of the fishing year, § 665.465 Size restrictions. the reserve for the Guam and CNMI exploratory areas will equal the quota The height of a live coral specimen minus the estimated domestic annual shall be determined by a straight line harvest for that year. measurement taken from its base to its most distal extremity. The stem di- (2) As soon as practicable after De- ameter of a living coral specimen shall cember 31 each year, the Regional Ad- be determined by measuring the great- ministrator will determine the amount est diameter of the stem at a point no harvested by vessels of the United States between July 1 and December 31 less than 1 inch (2.54 cm) from the top of the year that just ended on Decem- surface of the living holdfast. ber 31. (a) Live Hemicorallium laauense, (3) NMFS will release to TALFF an Pleurocorallium secundum, or Corallium amount of precious coral for each ex- sp. harvested from any precious coral ploratory area equal to the quota permit area must have attained a min- minus two times the amount harvested imum height of 10 inches (25.4 cm). by vessels of the United States in that (b) Live black coral harvested from July 1-December 31 period. any precious coral permit area must (4) NMFS will publish in the FEDERAL have attained either a minimum stem REGISTER a notification of the Re- diameter of 1 inch (2.54 cm), or a min- gional Administrator’s determination imum height of 48 inches (122 cm). and a summary of the information on [75 FR 2205, Jan. 14, 2010, as amended at 84 which it is based as soon as practicable FR 2775, Feb. 8, 2019] after the determination is made. (d) The Guam and CNMI exploratory § 665.466 Closures. permit areas, X–P–GU and X–P–CNMI, (a) If the Regional Administrator de- each have annual quotas of 1,000 kg for termines that the harvest quota for all precious coral MUS combined with any coral bed will be reached prior to the exception of black corals. the end of the fishing year, NMFS shall publish a notice to that effect in the § 665.468 Seasons. FEDERAL REGISTER and shall use other The fishing year for precious coral means to notify permit holders. Any begins on July 1 and ends on June 30 such notice must indicate the reason the following year. for the closure, the bed being closed, and the effective date of the closure. § 665.469 Gold coral harvest morato- (b) A closure is also effective for a rium. permit holder upon the permit holder’s Fishing for, taking, or retaining any actual harvest of the applicable quota. gold coral in any precious coral permit

459

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00469 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.598 50 CFR Ch. VI (10–1–20 Edition)

area is prohibited through June 30, Common name Scientific name 2023. (7) Longtail snapper ...... Etelis coruscans. [83 FR 27717, June 14, 2018] (8) Redgill emperor ...... Lethrinus rubrioperculatus. (9) Yellowtail snapper ...... Pristipomoides auricilla. (10) Pink snapper ...... Pristipomoides filamentosus. Subpart E—Pacific Remote Island (11) Pink snapper ...... Pristipomoides seiboldii. (12) Lunartail, lyretail group- Variola louti. Area Fisheries er. § 665.598 Management area. [75 FR 2205, Jan. 14, 2010, as amended at 84 The PRIA fishery management area FR 29397, June 24, 2019] is the EEZ seaward of Palmyra Atoll, Kingman Reef, Jarvis Island, Baker Is- § 665.602 [Reserved] land, Howland Island, Johnston Atoll, and Wake Island, Pacific Remote Is- § 665.603 Permits. land Areas with the inner boundary a (a) Applicability. PRIA. The owner of line coterminous with the seaward any vessel used to fish for, land, or boundaries of the above atolls, reefs transship PRIA bottomfish MUS shore- and islands PRIA and the outer bound- ward of the outer boundary of the ary a line drawn in such a manner that PRIA subarea must have a permit each point on it is 200 nautical miles issued under this section, and the per- from the baseline from which the terri- mit must be registered for use with torial sea is measured, or is cotermi- that vessel. nous with adjacent international mari- (b) Submission. An application for a time boundaries. permit required under this section must be submitted to PIRO as de- § 665.599 Area restrictions. scribed in § 665.13. Except as provided in § 665.934, fishing is prohibited in all no-take MPAs. The § 665.604 Prohibitions. following U.S. EEZ waters are no-take In addition to the general prohibi- MPAs: Landward of the 50 fathom tions specified in § 600.725 of this chap- curve at Jarvis, Howland, and Baker Is- ter and § 665.16, it is unlawful for any lands, and Kingman Reef; as depicted person to do any of the following: on National Ocean Survey Chart Num- (a) Fish for PRIA bottomfish MUS bers 83116 and 83153. using gear prohibited under § 665.605. [78 FR 33003, June 3, 2013] (b) Fish for, or retain on board a vessel, PRIA bottomfish MUS in the PRIA § 665.600 PRIA bottomfish fisheries. without the appropriate permit reg- [Reserved] istered for use with that vessel issued under § 665.13. § 665.601 Definitions. (c) Falsify or fail to make or file all As used in §§ 665.600 through 665.619: reports of PRIA bottomfish MUS land- PRIA bottomfish fishing permit means ings taken in the PRIA, containing all the permit required by § 665.603 to use a data in the exact manner, as specified vessel to fish for PRIA bottomfish MUS in § 665.14(b). in the EEZ around the PRIA, or to land bottomfish MUS shoreward of the § 665.605 Gear restrictions. outer boundary of the EEZ around the (a) Bottom trawls and bottom set PRIA, with the exception of EEZ wa- gillnets. Fishing for PRIA bottomfish ters around Midway Atoll. MUS with bottom trawls and bottom PRIA bottomfish management unit spe- set gillnets is prohibited. cies (PRIA bottomfish MUS) means the (b) Possession of gear. Possession of a following fish: bottom trawl and bottom set gillnet by any vessel having a permit under Common name Scientific name § 665.603 or otherwise established to be (1) Silver jaw jobfish ...... Aphareus rutilans. fishing for PRIA bottomfish MUS in (2) Giant trevally ...... Caranx ignobilis. the PRIA fishery management area is (3) Black jack ...... Caranx lugubris. prohibited. (4) Blacktip grouper ...... Epinephelus fasciatus. (5) Sea bass ...... Hyporthodus quernus. (c) Poisons and explosives. The posses- (6) Red snapper ...... Etelis carbunculus. sion or use of any poisons, explosives,

460

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00470 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.621

or intoxicating substances for the pur- PRIA coral reef ecosystem management pose of harvesting PRIA bottomfish is unit species (PRIA coral reef ecosystem prohibited. MUS) means all of the Currently Har- vested Coral Reef Taxa and Potentially § 665.606 At-sea observer coverage. Harvested Coral Reef Taxa listed in All fishing vessels subject to §§ 665.600 this section and which spend the ma- through 665.606 must carry an observer jority of their non-pelagic (post-settle- when directed to do so by the Regional ment) life stages within waters less Administrator. than or equal to 50 fathoms in total §§ 665.607–665.619 [Reserved] depth. PRIA Currently Harvested Coral Reef § 665.620 PRIA coral reef ecosystem Taxa: fisheries. [Reserved] § 665.621 Definitions. As used in §§ 665.620 through 665.639:

Family name English common name Scientific name

Acanthuridae (Surgeonfishes) orange-spot ...... Acanthurus olivaceus. surgeonfish. 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. yellow-eyed surgeonfish ...... Ctenochaetus strigosus. striped bristletooth ...... Ctenochaetus striatus. twospot bristletooth ...... Ctenochaetus binotatus. Yellow tang ...... Zebrasoma flavescens. bluespine unicornfish ...... Naso unicornus. orangespine unicornfish ...... Naso lituratus. black tongue unicornfish ...... Naso hexacanthus. bignose unicornfish ...... Naso vlamingii. whitemargin unicornfish ...... Naso annulatus. spotted unicornfish ...... Naso brevirostris. Labridae (Wrasses) ...... Napoleon wrasse ...... Cheilinus undulatus. Triple-tail wrasse ...... Cheilinus trilobatus. Floral wrasse ...... Cheilinus chlorourus. ring-tailed wrasse ...... Oxycheilinus unifasciatus. bandcheek wrasse ...... Oxycheilinus diagrammus. Barred thicklip ...... Hemigymnus fasciatus. three-spot wrasse ...... Halichoeres trimaculatus. red ribbon wrasse ...... Thalassoma quinquevittatum. Sunset wrasse ...... Thalassoma lutescens. Mullidae (Goatfishes) ...... Yellow goatfish ...... Mulloidichthys. spp. Orange goatfish ...... Mulloidichthys pfleugeri. yellowstripe goatfish ...... Mulloidichthys flavolineatus. Banded goatfish ...... Parupeneus. spp. Mullidae (Goatfishes) ...... dash-dot goatfish ...... Parupeneus barberinus. yellowsaddle goatfish ...... Parupeneus cyclostomas. multi-barred goatfish ...... Parupeneus multifaciatus. bantail goatfish ...... Upeneus arge. Mugilidae (Mullets) ...... fringelip mullet ...... Crenimugil crenilabis. engel’s mullet ...... Moolgarda engeli. false mullet ...... Neomyxus leuciscus. Muraenidae (Moray eels) ...... yellowmargin moray eel ...... Gymnothorax flavimarginatus. giant moray eel ...... Gymnothorax javanicus. undulated moray eel ...... Gymnothorax undulatus. Octopodidae ...... Octopus ...... Octopus cyanea. Octopus ...... Octopus ornatus. Pricanthidae (Bigeye) ...... Glasseye ...... Heteropriacanthus cruentatus. Scaridae (Parrotfishes) ...... Humphead parrotfish ...... Bolbometopon muricatum. parrotfish ...... Scarus. spp. pacific longnose parrotfish ...... Hipposcarus longiceps.

461

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00471 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.621 50 CFR Ch. VI (10–1–20 Edition)

Family name English common name Scientific name

stareye parrotfish ...... Calotomus carolinus. Scombridae ...... Dogtooth tuna ...... Gymnosarda unicolor. Sphyraenidae (Barracuda) ...... great barracuda ...... Sphyraena barracuda.

PRIA Potentially Harvested Coral Reef Taxa:

English common name Scientific name

wrasses (Those species not listed as CHCRT) ...... Labridae. sharks (Those species not listed as CHCRT) ...... Carcharhinidae, Sphyrnidae. rays and skates ...... Myliobatidae, Mobulidae. groupers (Those species not listed as CHCRT or as BMUS) .... Serrandiae. jacks and scads (Those species not listed as CHCRT or as Carangidae. BMUS). solderfishes and squirrelfishes (Those species not listed as Holocentridae. CHCRT). goatfishes (Those species not listed as CHCRT) ...... Mullidae. Batfishes ...... Ephippidae. Sweetlips ...... Haemulidae. Remoras ...... Echeneidae. Tilefishes ...... Malacanthidae. Dottybacks ...... Pseudochromidae. Prettyfins ...... Plesiopidae. surgeonfishes (Those species not listed as CHCRT) ...... Acanthuridae. emperors (Those species not listed as CHCRT or as BMUS) ... Lethrinidae. Herrings ...... Clupeidae. Gobies ...... Gobiidae. snappers (Those species not listed as CHCRT or as BMUS) ... Lutjanidae. trigger fishes (Those species not listed as CHCRT) ...... Balistidae. rabbitfishes (Those species not listed as CHCRT) ...... Siganidae. eels (Those species not listed as CHCRT) ...... Muraenidae, Chlopsidae, Congridae, Ophichthidae. Cardinalfishes ...... Apogonidae. moorish idols ...... Zanclidae. butterfly fishes ...... Chaetodontidae. Angelfishes ...... Pomacanthidae. Damselfishes ...... Pomacentridae. Scorpionfishes ...... Scorpaenidae. Blennies ...... Blenniidae. barracudas (Those species not listed as CHCRT) ...... Sphyraenidae. Sandperches ...... Pinguipedidae. rudderfishes (Those species not listed as CHCRT) ...... Kyphosidae. Fusiliers ...... Caesionidae. hawkfishes (Those species not listed as CHCRT) ...... Cirrhitidae. Frogfishes ...... Antennariidae. pipefishes, seahorses ...... Syngnathidae. flounders, soles ...... Bothidae. Trunkfishes ...... Ostraciidae. puffer fishes, porcupine fishes ...... Tetradontidae. Trumpetfish ...... Aulostomus chinensis. Cornetfish ...... Fistularia commersoni. blue corals ...... Heliopora. organpipe corals ...... Tubipora. ahermatypic corals ...... Azooxanthellates. mushroom corals ...... Fungiidae. small and large coral polyps ...... fire corals ...... Millepora. soft corals, gorgonians ...... Anemones ...... Actinaria. soft zoanthid corals ...... Zoanthinaria. Hydrozoans, Bryzoans. sea squirts ...... Tunicates. sea cucumbers and sea urchins ...... Echinoderms. Those species not listed as CHCRT ...... Mollusca. sea snails ...... Gastropoda. Trochus. sea slugs ...... Opistobranchs. black lipped pearl oyster ...... Pinctada margaritifera. giant clam ...... Tridacnidae. other clams ...... Other Bivalves. Cephalopods. lobsters, shrimps/mantis shrimps, true crabs and hermit crabs Crustaceans. (Those species not listed as CMUS) ...... Sponges ...... Porifera. lace corals ...... Stylasteridae.

462

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00472 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.624

English common name Scientific name

hydroid corals ...... Solanderidae. segmented worms ...... Annelids. Seaweed ...... Algae. Live rock.

All other PRIA coral reef ecosystem MUS that are marine plants, invertebrates, and fishes that are not listed in the PRIA CHCRT table or are not PRIA bottomfish, crustacean, precious coral, or western Pacific pelagic MUS.

§ 665.622 [Reserved] MUS while fishing for bottomfish MUS, crustacean MUS, western Pacific pe- § 665.623 Relation to other laws. lagic MUS, precious coral, or seamount To ensure consistency between the groundfish. management regimes of different Fed- (ii) Any person fishing for PRIA eral agencies with shared management CHCRT outside of an MPA, who does responsibilities of fishery resources not retain any incidentally caught within the PRIA fishery management PRIA PHCRT. area, fishing for PRIA coral reef eco- (iii) Any person collecting marine or- system MUS is not allowed within the ganisms for scientific research as de- boundary of a National Wildlife Refuge scribed in § 665.17, or § 600.745 of this unless specifically authorized by the chapter. USFWS, regardless of whether that ref- (b) Validity. Each permit will be valid uge was established by action of the for fishing only in the fishery management area specified on the permit. President or the Secretary of the Inte- (c) General requirements. General re- rior. quirements governing application in- § 665.624 Permits and fees. formation, issuance, fees, expiration, replacement, transfer, alteration, dis- (a) Applicability. Unless otherwise play, sanctions, and appeals for per- specified in this subpart, § 665.13 applies mits are contained in § 665.13. to coral reef ecosystem permits. (d) Special permit. The Regional Ad- (1) Special permit. Any person of the ministrator shall issue a special permit United States fishing for, taking or re- in accordance with the criteria and taining PRIA coral reef ecosystem procedures specified in this section. MUS must have a special permit if (1) Application. An applicant for a they, or a vessel which they operate, is special or transshipment permit issued used to fish for any: under this section must complete and (i) [Reserved] submit to the Regional Administrator (ii) PRIA Potentially Harvested a Special Coral Reef Ecosystem Fish- Coral Reef Taxa in the PRIA coral reef ing Permit Application Form issued by ecosystem management area; or NMFS. Information in the application (iii) PRIA Coral reef ecosystem MUS form must include, but is not limited in the PRIA coral reef ecosystem man- to, a statement describing the objec- agement area with any gear not spe- tives of the fishing activity for which a cifically allowed in this subpart. special permit is needed, including a (2) Transshipment permit. A receiving general description of the expected dis- vessel must be registered for use with a position of the resources harvested transshipment permit if that vessel is under the permit (i.e., stored live, used in the PRIA coral reef ecosystem fresh, frozen, preserved; sold for food, management area to land or transship ornamental, research, or other use; and PRIA PHCRT, or any PRIA coral reef a description of the planned fishing op- ecosystem MUS harvested within low- eration, including location of fishing use MPAs. and gear operation, amount and species (3) Exceptions. The following persons (directed and incidental) expected to be are not required to have a permit under harvested and estimated habitat and this section: protected species impacts). (i) Any person issued a permit to fish (2) Incomplete applications. The Re- under any FEP who incidentally gional Administrator may request from catches PRIA coral reef ecosystem an applicant additional information

463

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00473 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.624 50 CFR Ch. VI (10–1–20 Edition)

necessary to make the determinations gional Administrator to the Council for required under this section. An appli- the rejection. cant will be notified of an incomplete (iv) If the Regional Administrator application within 10 working days of does not receive a recommendation receipt of the application. An incom- from the Council within 60 days of plete application will not be considered Council receipt of the permit applica- until corrected and completed in writ- tion, the Regional Administrator can ing. 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 USCG, the thereafter, NMFS will notify the appli- fishery management agency of the af- cant in writing of the decision to grant fected state, and other interested par- or deny the special permit and, if de- ties who have identified themselves to nied, the reasons for the denial. 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 and will receive their recommenda- (B) According to the best scientific tions for approval or disapproval of the information available, the directed or application based on: incidental catch in the season or loca- (A) Information provided by the ap- tion specified under the permit would plicant; detrimentally affect any coral reef re- (B) The current domestic annual har- source or coral reef ecosystem in a sig- vesting and processing capacity of the nificant way, including, but not lim- directed and incidental species for ited to issues related to, spawning which a special permit is being re- grounds or seasons, protected species quested; interactions, EFH, and habitat areas of (C) The current status of resources to particular concern (HAPC). be harvested in relation to the over- (C) Issuance of the special permit fishing definition in the FEP; would inequitably allocate fishing (D) Estimated ecosystem, habitat, privileges among domestic fishermen and protected species impacts of the or would have economic allocation as proposed activity; and its sole purpose. (E) Other biological and ecological (D) The method or amount of harvest information relevant to the proposal. in the season and/or location stated on The applicant will be provided with an the permit is considered inappropriate opportunity to appear in support of the based on previous human or natural application. impacts in the given area. (iii) Following a review of the Coun- (E) NMFS has determined that the cil’s recommendation and supporting maximum number of permits for a rationale, the Regional Administrator given area in a given season has been may: reached and allocating additional per- (A) Concur with the Council’s rec- mits in the same area would be detri- ommendation and, after finding that it mental to the resource. is consistent with the goals and objec- (F) The activity proposed under the tives of the FEP, the national stand- special permit would create a signifi- ards, the Endangered Species Act, and cant enforcement problem. other applicable laws, approve or deny (vi) The Regional Administrator may a special permit; or attach conditions to the special per- (B) Reject the Council’s rec- mit, if it is granted, consistent with ommendation, in which case, written the management objectives of the FEP, reasons will be provided by the Re- including but not limited to:

464

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00474 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.625

(A) The maximum amount of each re- Administrator may grant an informal source that can be harvested and land- hearing before a hearing officer des- ed during the term of the special per- ignated for that purpose after first giv- mit, including trip limits, where appro- ing notice of the time, place, and sub- priate. ject matter of the hearing in the FED- (B) The times and places where fish- ERAL REGISTER. Such a hearing shall ing may be conducted. normally be held no later than 30 days (C) The type, size, and amount of following publication of the notice in gear which may be used by each vessel the FEDERAL REGISTER, unless the operated under the special permit. hearing officer extends the time for (D) Data reporting requirements. reasons deemed equitable. The appel- (E) Such other conditions as may be lant, the applicant (if different), and, necessary to ensure compliance with at the discretion of the hearing officer, the purposes of the special permit con- other interested parties, may appear sistent with the objectives of the FEP. personally and/or be represented by (4) Appeals of permit actions. counsel at the hearing and submit in- (i) Except as provided in subpart D of formation and present arguments as 15 CFR part 904, any applicant for a determined appropriate by the hearing permit or a permit holder may appeal officer. Within 30 days of the last day the granting, denial, conditioning, or of the hearing, the hearing officer shall suspension of their permit or a permit recommend in writing a decision to the affecting their interests to the Re- Regional Administrator. gional Administrator. In order to be (iv) The Regional Administrator may considered by the Regional Adminis- adopt the hearing officer’s rec- trator, such appeal must be in writing, ommended decision, in whole or in must state the action(s) appealed, and part, or may reject or modify it. In any the reasons therefore, and must be sub- event, the Regional Administrator mitted within 30 days of the original shall notify interested persons of the action(s) by the Regional Adminis- decision, and the reason(s) therefore, in trator. The appellant may request an writing, within 30 days of receipt of the informal hearing on the appeal. hearing officer’s recommended deci- (ii) Upon receipt of an appeal author- sion. The Regional Administrator’s ac- ized by this section, the Regional Ad- tion constitutes final action for the ministrator will notify the permit ap- agency for the purposes of the Admin- plicant, or permit holder as appro- istrative Procedure Act. priate, and will request such additional (5) The Regional Administrator may, information and in such form as will for good cause, extend any time limit allow action upon the appeal. Upon re- prescribed in this section for a period ceipt of sufficient information, the Re- not to exceed 30 days, either upon his gional Administrator will rule on the or her own motion or upon written re- appeal in accordance with the permit quest from the Council, appellant or eligibility criteria set forth in this sec- applicant stating the reason(s) there- tion and the FEP, as appropriate, based fore. upon information relative to the appli- [75 FR 2205, Jan. 14, 2010, as amended at 78 cation on file at NMFS and the Council FR 33003, June 3, 2013] and any additional information, the summary record kept of any hearing § 665.625 Prohibitions. and the hearing officer’s recommended In addition to the general prohibi- decision, if any, and such other consid- tions specified in § 600.725 of this chap- erations as deemed appropriate. The ter and § 665.15, it is unlawful for any Regional Administrator will notify all person to do any of the following: interested persons of the decision, and (a) [Reserved] the reasons therefor, in writing, nor- (b) Fish for, take, or retain any PRIA mally within 30 days of the receipt of coral reef ecosystem MUS species: sufficient information, unless addi- (1) That is determined overfished tional time is needed for a hearing. with subsequent rulemaking by the Re- (iii) If a hearing is requested, or if gional Administrator. the Regional Administrator determines (2) By means of gear or methods pro- that one is appropriate, the Regional hibited under § 665.627.

465

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00475 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.626 50 CFR Ch. VI (10–1–20 Edition)

(3) [Reserved] Kingman Reef, Johnston Atoll and Pal- (4) In violation of any permit issued myra Atoll. under §§ 665.13 or 665.624. (d) Existing FEP fisheries shall fol- (c) Fish for, take, or retain any wild low the allowable gear and methods live rock or live hard coral except outlined in their respective plans. under a valid special permit for sci- (e) Any person who intends to fish entific research, aquaculture seed with new gear not included in this sec- stock collection or traditional and cer- tion must describe the new gear and its emonial purposes by indigenous people. method of deployment in the special permit application. A decision on the [75 FR 2205, Jan. 14, 2010, as amended at 78 FR 33003, June 3, 2013] permissibility of this gear type will be made by the Regional Administrator § 665.626 Notifications. after consultation with the Council and the director of the affected state fish- Any special permit holder subject to ery management agency. the requirements of this subpart must contact the appropriate NMFS enforce- § 665.628 Gear identification. ment agent in American Samoa, Guam, (a) The vessel number must be affixed or Hawaii at least 24 hours before land- to all fish and crab traps on board the ing any PRIA coral reef ecosystem vessel or deployed in the water by any MUS unit species harvested under a vessel or person holding a permit under special permit, and report the port and §§ 665.13 or 665.624 or that is otherwise the approximate date and time at established to be fishing for PRIA coral which the catch will be landed. reef ecosystem MUS in the PRIA fish- § 665.627 Allowable gear and gear re- ery management area. strictions. (b) Enforcement action. (1) Traps not marked in compliance with paragraph (a) Coral reef ecosystem MUS may be (a) of this section and found deployed taken only with the following allow- in the PRIA fishery management area able gear and methods: will be considered unclaimed or aban- (1) Hand harvest; doned property, and may be disposed of (2) Spear; in any manner considered appropriate (3) Slurp gun; by NMFS or an authorized officer. (4) Hand net/dip net; (2) Unattended surround nets or bait (5) Hoop net for Kona crab; seine nets found deployed in the coral (6) Throw net; reef ecosystem management area will (7) Barrier net; be considered unclaimed or abandoned (8) Surround/purse net that is at- property, and may be disposed of in tended at all times; any manner considered appropriate by (9) Hook-and-line (includes handline NMFS or an authorized officer. (powered or not), rod-and-reel, and trolling); §§ 665.629–665.639 [Reserved] (10) Crab and fish traps with vessel ID number affixed; and § 665.640 PRIA crustacean fisheries. (11) Remote-operating vehicles/ [Reserved] submersibles. (b) PRIA coral reef ecosystem MUS § 665.641 Definitions. may not be taken by means of poisons, As used in §§ 665.640 through 665.659: explosives, or intoxicating substances. Crustacean Permit Area 4 (Permit Area Possession or use of these materials by 4) means the EEZ around Palmyra any permit holder under this subpart Atoll, Kingman Reef, Jarvis Island, who is established to be fishing for Baker Island, Howland Island, John- coral reef ecosystem MUS in the man- ston Atoll, and Wake Island. agement area is prohibited. PRIA crustacean fishing permit means (c) PRIA coral reef ecosystem MUS the permit required by § 665.642 to use a may not be taken by means of vessel to fish for PRIA crustacean MUS spearfishing with SCUBA at night in the PRIA fishery management area, (from 6 p.m. to 6 a.m.) in the U.S. EEZ or to land crustacean MUS shoreward waters around Howland Island, Baker of the outer boundary of the PRIA fish- Island, Jarvis Island, Wake Island, ery management area.

466

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00476 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.661

PRIA crustacean management unit spe- (2) Report, not less than 6 hours and cies means the following crustaceans: not more than 12 hours before offloading, the location and time that off- English common name Scientific name loading of spiny and slipper lobsters will begin. Spiny lobster .. Panulirus marginatus, Panulirus penicillatus. (b) The Regional Administrator will Slipper lobster Scyllaridae. Kona crab ...... Ranina ranina. notify permit holders of any change in Deepwater Heterocarpus. spp. the reporting method and schedule re- shrimp. quired in paragraphs (a)(1) and (2) of this section at least 30 days prior to § 665.642 Permits. the opening of the fishing season. (a) Applicability. (1) The owner of any vessel used to fish for lobster in Permit § 665.645 At-sea observer coverage. Area 4 must have a permit issued for All fishing vessels subject to §§ 665.640 that vessel. through 665.645 and subpart A of this (2) The owner of any vessel used to part must carry an observer when re- fish for deepwater shrimp in Crusta- quested to do so by the Regional Ad- cean Permit Area 4 must have a permit ministrator. issued for that vessel. (b) General requirements. General re- §§ 665.646–665.659 [Reserved] quirements governing application information, issuance, fees, expiration, § 665.660 PRIA precious coral fish- replacement, transfer, alteration, dis- eries. [Reserved] play, sanctions, and appeals for permits issued under this section, as appli- § 665.661 Definitions. cable, are contained in § 665.13. As used in §§ 665.660 through 665.669: (c) Application. An application for a PRIA precious coral management unit permit required under this section will species (PRIA precious coral MUS) means be submitted to PIRO as described in any coral of the genus Corallium in ad- § 665.13. If the application for a limited dition to the following species of cor- access permit is submitted on behalf of als: a partnership or corporation, the application must be accompanied by a sup- English Scientific name plementary information sheet obtained common name from PIRO and contain the names and Pink coral (also Corallium secundum, Corallium regale, mailing addresses of all partners or known as red Corallium laauense. shareholders and their respective per- coral). Gold coral ...... Gerardia spp., Callogorgia gilberti, Narella centage of ownership in the partner- spp., Calyptrophora spp. ship or corporation. Bamboo coral .. Lepidisis olapa, Acanella spp. Black coral ...... Antipathes dichotoma, Antipathes grandis, § 665.643 Prohibitions. Antipathes ulex. In addition to the general prohibitions specified in § 600.725 of this chap- PRIA precious coral permit area means ter and § 665.15, it is unlawful for any the area encompassing the precious person in Crustacean Permit Area 4 to coral beds within the EEZ around the fish for, take, or retain deepwater PRIA. Each bed is designated by a per- shrimp without a permit issued under mit area code and assigned to one of § 665.642. the following four categories: (1) Established beds. [Reserved] § 665.644 Notifications. (2) Conditional beds. [Reserved] (a) The operator of any vessel subject (3) Refugia. [Reserved] to the requirements of this subpart (4) Exploratory Area. Permit Area X– must: P–PI includes all coral beds, other than (1) Report, not less than 24 hours, but established beds, conditional beds, or not more than 36 hours, before landing, refugia, in the EEZ seaward Palmyra the port, the approximate date and the Atoll, Kingman Reef, Jarvis Island, approximate time at which spiny and Baker Island, Howland Island, John- slipper lobsters will be landed. ston Atoll and Wake Island.

467

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00477 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.662 50 CFR Ch. VI (10–1–20 Edition)

§ 665.662 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 PRIA operating under the terms of the per- precious coral MUS in any PRIA pre- mit; or (2) The coral originated outside coral cious coral permit area must have a beds listed in this paragraph, and this permit issued under § 665.13. (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 § 665.661. § 665.664 Gear restrictions. (c) No more than one permit will be valid for any one vessel at any one Only selective gear may be used to time. harvest coral from any precious coral (d) No more than one permit will be permit area. valid for any one person at any one § 665.665 Size restrictions. time. (e) The holder of a valid permit to The height of a live coral specimen fish one permit area may obtain a per- shall be determined by a straight line mit to fish another permit area only measurement taken from its base to its upon surrendering to the Regional Ad- most distal extremity. The stem di- ministrator any current permit for the ameter of a living coral specimen shall precious coral fishery issued under be determined by measuring the great- § 665.13. est diameter of the stem at a point no (f) General requirements governing less than 1 inch (2.54 cm) from the top application information, issuance, fees, surface of the living holdfast. expiration, replacement, transfer, al- (a) Live pink coral harvested from teration, display, sanctions, and ap- any precious coral permit area must peals for permits for the precious coral have attained a minimum height of 10 fishery are contained in § 665.13. inches (25.4 cm). (b) Black coral. Live black coral har- § 665.663 Prohibitions. vested from any precious coral permit In addition to the general prohibi- area must have attained either a min- tions specified in § 600.725 of this chap- imum stem diameter of 1 inch (2.54 ter and in § 665.15, it is unlawful for any cm), or a minimum height of 48 inches person to: (122 cm). (a) Use any vessel to fish for, take, § 665.666 Closures. retain, possess or land PRIA precious coral MUS in any precious coral permit (a) If the Regional Administrator de- area, unless a permit has been issued termines that the harvest quota for for that vessel and area as specified in any coral bed will be reached prior to § 665.13 and that permit is on board the the end of the fishing year, NMFS shall vessel. publish a notice to that effect in the (b) Fish for, take, or retain any spe- FEDERAL REGISTER and shall use other cies of PRIA precious coral MUS in any means to notify permit holders. Any precious coral permit area: such notice must indicate the reason (1) By means of gear or methods pro- for the closure, the bed being closed, hibited by § 665.664. and the effective date of the closure. (2) In refugia specified in § 665.661. (b) A closure is also effective for a (3) In a bed for which the quota speci- permit holder upon the permit holder’s fied in § 665.667 has been attained. actual harvest of the applicable quota. (4) In violation of any permit issued under §§ 665.13 or 665.17. § 665.667 Quotas. (5) In a bed that has been closed pur- (a) General. The quotas limiting the suant to §§ 665.666 or 665.669. amount of precious coral that may be (c) Take and retain, possess, or land taken in any precious coral permit any live pink coral or live black coral area during the fishing year are listed from any precious coral permit area in § 665.667(d). Only live coral is counted that is less than the minimum height toward the quota. The accounting pe- specified in § 665.665 unless: riod for all quotas begins July 1, 1983.

468

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00478 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.800

(b) Conditional bed closure. A condi- high seas for any vessels of the United tional bed will be closed to all non- States or persons that: selective coral harvesting after the (a) Fish for, possess, or transship quota for one species of coral has been western Pacific pelagic fishery MUS taken. within the EEZ waters around Amer- (c) Reserves and reserve release. The ican Samoa, CNMI, Guam, Hawaii, or quotas for exploratory area, X–P–PI, PRIA; or will be held in reserve for harvest by (b) Land western Pacific pelagic fish- vessels of the United States in the fol- ery MUS in American Samoa, CNMI, lowing manner: (1) At the start of the Guam, Hawaii, or PRIA. fishing year, the reserve for the PRIA exploratory area will equal the quota § 665.799 Area restrictions. minus the estimated domestic annual (a) Fishing is prohibited in all no- harvest for that year. (2) As soon as take MPAs designated in this section. practicable after December 31 each (b) No-take MPAs. The following U.S. year, the Regional Administrator will EEZ waters are no-take MPAs: determine the amount harvested by (1) Landward of the 50-fathom (fm) vessels of the United States between (91.5-m) curve at Jarvis, Howland, and July 1 and December 31 of the year Baker Islands, and Kingman Reef; as that just ended on December 31. (3) depicted on National Ocean Survey NMFS will release to TALFF an Chart Numbers 83116 and 83153; amount of precious coral for each ex- (2) Landward of the 50-fm (91.5-m) ploratory area equal to the quota curve around Rose Atoll, as depicted on minus two times the amount harvested National Ocean Survey Chart Number by vessels of the United States in that 83484. July 1-December 31 period. (4) NMFS § 665.800 Definitions. will publish in the FEDERAL REGISTER a notification of the Regional Adminis- As used in §§ 665.798 through 665.818: trator’s determination and a summary American Samoa longline limited access of the information on which it is based permit means the permit required by as soon as practicable after the deter- § 665.801 to use a vessel shoreward of the mination is made. outer boundary of the EEZ around (d) PRIA exploratory permit area, X– American Samoa to fish for western P–PI, has an annual quota of 1,000 kg Pacific pelagic MUS using longline for all precious coral MUS combined gear or to land or transship western with the exception of black corals. Pacific pelagic MUS that were caught in the EEZ around American Samoa § 665.668 Seasons. using longline gear. American Samoa pelagics mailing list The fishing year for precious coral means the list maintained by PIRO of begins on July 1 and ends on June 30 names and mailing addresses of parties the following year. interested in receiving notices of availability for American Samoa longline § 665.669 Gold coral harvest moratorium. limited access permits. Basket-style longline gear means a Fishing for, taking, or retaining any type of longline gear that is divided gold coral in any precious coral permit into units called ‘‘baskets’’ each con- area is prohibited through June 30, sisting of a segment of main line to 2023. which 10 or more branch lines with [83 FR 27717, June 14, 2018] hooks are spliced. The mainline and all branch lines are made of multiple braided strands of cotton, nylon, or Subpart F—Western Pacific other synthetic fibers impregnated Pelagic Fisheries with tar or other heavy coatings that cause the lines to sink rapidly in sea- § 665.798 Management area. water. The western Pacific Pelagic fishery Branch line (or dropper line) means a management area includes all areas of line with a hook that is attached to the fishing operations in the EEZ or on the mainline.

469

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00479 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.800 50 CFR Ch. VI (10–1–20 Edition)

Deep-set or Deep-setting means the de- chored, floating, or attached to a ves- ployment of longline gear in a manner sel, and from which branch or dropper consistent with all the following cri- lines with hooks are attached; except teria: All float lines are at least 20 me- that, within the protected species zone ters in length; a minimum of 15 branch as defined in § 665.806, longline gear lines are attached between any two means a type of fishing gear consisting floats (except basket-style longline of a main line of any length that is sus- gear which may have as few as 10 pended horizontally in the water col- branch lines between any two floats); umn either anchored, floating, or at- and no light sticks are used. As used in tached to a vessel, and from which this definition, ‘‘float line’’ means a branch or dropper lines with hooks are line used to suspend the main longline attached. beneath a float, and ‘‘light stick’’ Pelagic handline fishing means fishing means any type of light emitting de- for western Pacific pelagic MUS from a vice, including any fluorescent ‘‘glow stationary or drifting vessel using bead,’’ chemical, or electrically-pow- hook and line gear other than longline ered light that is affixed underwater to gear. the longline gear. Pelagic troll fishing (trolling) means Effective date means the date upon fishing for western Pacific pelagic MUS which the Regional Administrator pro- from a moving vessel using hook and vides written notice to the authorized line gear. official or designated representative of PRIA pelagic troll and handline fishing the U.S. participating territory that a permit means the permit required by specified fishing agreement meets the § 665.801 to use a vessel shoreward of the requirements of this section. outer boundary of the EEZ around the Fish dealer means any person who: PRIA to fish for western Pacific pe- (1) Obtains, with the intention to re- lagic MUS using pelagic handline or sell, western Pacific pelagic MUS, or troll fishing methods. portions thereof, that were harvested Receiving vessel permit means a permit or received by a vessel that holds a per- required by § 665.801(c) for a receiving mit or is otherwise regulated under vessel to transship or land western Pa- bottomfish fisheries in this subpart; or cific pelagic MUS taken by other ves- (2) Provides recordkeeping, purchase, sels using longline gear. or sales assistance in obtaining or sell- Shallow-set or shallow-setting means ing such MUS (such as the services pro- the deployment of, or deploying, re- vided by a wholesale auction facility). spectively, longline gear in a manner Float line means a line attached to a that does not meet the definition of mainline used to buoy, or suspend, the deep-set or deep-setting as defined in mainline in the water column. this section. Hawaii longline limited access permit Squid jig fishing means fishing for means the permit required by § 665.801 squid that are western Pacific pelagic to use a vessel to fish for western Pa- MUS using a hook or hooks attached to cific pelagic MUS with longline gear in a line that is raised and lowered in the the EEZ around Hawaii or to land or water column by manual or mechanical transship longline-caught western Pa- means. cific pelagic MUS shoreward of the U.S. participating territory means a outer boundary of the EEZ around Ha- U.S. participating territory to the Con- waii. vention on the Conservation and Man- Longline fishing prohibited area means agement of Highly Migratory Fish the portions of the EEZ in which Stocks in the Western and Central Pa- longline fishing is prohibited as speci- cific Ocean (including any annexes, fied in § 665.806. amendments, or protocols that are in Longline fishing vessel means a vessel force, or have come into force, for the that has longline gear on board the United States), and includes American vessel. Samoa, Guam, and the Northern Mar- Longline gear means a type of fishing iana Islands. gear consisting of a main line that ex- WCPFC means the Commission for ceeds 1 nm in length, is suspended hori- the Conservation and Management of zontally in the water column either an- Highly Migratory Fish Stocks in the

470

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00480 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.801

Western and Central Pacific Ocean, in- (b) A vessel of the United States cluding its employees and contractors. must be registered for use under a valid Western Pacific general longline permit Hawaii longline limited access permit means the permit authorized under if that vessel is used: § 665.801 to use a vessel shoreward of the (1) To fish for western Pacific pelagic outer boundary of the EEZ around MUS using longline gear in the EEZ Guam, CNMI, Johnston or Palmyra around the Hawaiian Archipelago; or Atolls, Kingman Reef, or Wake, Jarvis, (2) To land or transship, shoreward of Baker or Howland Islands to fish for the outer boundary of the EEZ around western Pacific pelagic MUS using the Hawaiian Archipelago, western Pa- longline gear or to land or to transship cific pelagic MUS that were harvested western Pacific pelagic MUS that were using longline gear. caught using longline gear. (c) A vessel of the United States Western Pacific pelagic management must be registered for use under a valid unit species means the following spe- American Samoa longline limited ac- cies: cess permit, in accordance with § 665.816, if that vessel is used to: English common name Scientific name (1) Fish for western Pacific pelagic MUS using longline gear in the EEZ Tunas: around American Samoa; Albacore ...... Thunnus alalunga. bigeye tuna ...... Thunnus obesus. (2) Land shoreward of the outer Pacific bluefin tuna ...... Thunnus orientalis boundary of the EEZ around American yellowfin tuna ...... Thunnus albacares. Samoa western Pacific pelagic MUS skipjack tuna ...... Katsuwonus pelamis. Kawakawa ...... Euthynnus affinis. that were harvested using longline gear other tuna relatives ...... Auxis spp., Scomber spp., in the EEZ around American Samoa; or Allothunnus spp. (3) Transship shoreward of the outer Billfishes: boundary of the EEZ around American Black marlin ...... Istiompax indica Striped marlin ...... Kajikia audax Samoa western Pacific pelagic MUS Pacific blue marlin ...... Makaira nigricans that were harvested using longline gear shortbill spearfish ...... Tetrapturus angustirostris. in the EEZ around American Samoa or Swordfish ...... Xiphias gladius. Sailfish ...... Istiophorus platypterus. on the high seas. Sharks: (d) A vessel of the United States pelagic thresher shark ...... Alopias pelagicus. must be registered for use under a valid bigeye thresher shark ...... Alopias superciliosus. Western Pacific general longline per- common thresher shark ... Alopias vulpinus. silky shark ...... Carcharhinus falciformis. mit, American Samoa longline limited oceanic whitetip shark ...... Carcharhinus longimanus. access permit, or Hawaii longline lim- blue shark ...... Prionace glauca. ited access permit if that vessel is used shortfin mako shark ...... Isurus oxyrinchus. longfin mako shark ...... Isurus paucus. to: salmon shark ...... Lamna ditropis. (1) Fish for western Pacific pelagic Other pelagic fishes: MUS using longline gear in the EEZ mahimahi (dolphinfish) ..... Coryphaena spp. around Guam, CNMI, or PRIA (with the Wahoo ...... Acanthocybium solandri. Moonfish ...... Lampris spp. exception of Midway Atoll); or Oilfish ...... Gempylidae. (2) Land or transship shoreward of Pomfret ...... Bramidae. the outer boundary of the EEZ around Squid: diamondback squid ...... Thysanoteuthis rhombus. Guam, CNMI, or PRIA (with the excep- neon flying squid ...... Ommastrephes bartramii. tion of Midway Atoll), western Pacific purpleback flying squid .... Sthenoteuthis oualaniensis. pelagic MUS that were harvested using longline gear. [75 FR 2205, Jan. 14, 2010, as amended at 76 (e) A receiving vessel of the United FR 52889, Aug. 24, 2011; 77 FR 43722, July 26, States must be registered for use with 2012; 79 FR 64111, Oct. 28, 2014] a valid receiving vessel permit if that vessel is used to land or transship, § 665.801 Permits. shoreward of the outer boundary of the (a) A vessel of the United States EEZ around American Samoa, Hawaii, must be registered for use with a valid Guam, CNMI, or PRIA, western Pacific permit under the High Seas Fishing pelagic MUS that were harvested using Compliance Act if that vessel is used to longline gear. fish on the high seas, as required under (f) A vessel of the United States must § 300.15 of this title. be registered for use with a valid PRIA

471

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00481 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.801 50 CFR Ch. VI (10–1–20 Edition)

pelagic troll and handline fishing per- Administrator the granting, denial, mit if that vessel is used to fish for conditioning, suspension, or transfer of western Pacific pelagic MUS using pe- a permit or requested permit under lagic handline or trolling fishing meth- this section. To be considered by the ods in the EEZ around the PRIA (with Regional Administrator, the appeal the exception of Midway Atoll). must be in writing, must state the ac- (g) A vessel of the United States tion(s) appealed, and the reasons there- must be registered for use under a fore, and must be submitted within 30 Western Pacific squid jig fishing per- days of the action(s) by the Regional mit, if that vessel is more than 50 ft Administrator. The appellant may re- (15.4 m) LOA and is used to squid jig quest an informal hearing on the ap- fish in EEZ waters around American peal. Samoa, CNMI, Guam, Hawaii, or PRIA. (1) Upon receipt of an appeal author- (h) Any required permit must be ized by this section, the Regional Ad- valid and on board the vessel and avail- ministrator may request additional in- able for inspection by an authorized formation. Upon receipt of sufficient agent, except that, if the permit was information, the Regional Adminis- issued (or registered to the vessel) dur- trator will decide the appeal in according the fishing trip in question, this re- ance with the criteria set out in this quirement applies only after the start part for qualifying for, or renewing, of any subsequent fishing trip. limited access permits. In making such (i) A permit is valid only for the ves- decision, the Administrator will review sel for which it is registered. A permit relevant portions of the Western Pa- not registered for use with a particular cific Pelagic FEP, to the extent such vessel may not be used. review would clarify the criteria in this (j) An application for a permit re- part. Such decision will be based upon quired under this section will be sub- information relative to the application mitted to PIRO as described in § 665.13. on file at NMFS and the Council and (k) General requirements governing any additional information available; application information, issuance, fees, the summary record kept of any hear- expiration, replacement, transfer, al- ing and the hearing officer’s rec- teration, display, and sanctions for per- ommended decision, if any, as provided mits issued under this section, as appli- in paragraph (o)(3) of this section; and cable, are contained in § 665.13. such other considerations as deemed (l) A Hawaii longline limited access appropriate. The Regional Adminis- permit may be transferred as follows: trator will notify the appellant of the (1) The owner of a Hawaii longline decision and the reasons therefore, in limited access permit may apply to writing, normally within 30 days of the transfer the permit: receipt of sufficient information, un- (i) To a different person for registra- less additional time is needed for a tion for use with the same or another hearing. vessel; or (2) If a hearing is requested, or if the (ii) For registration for use with an- Regional Administrator determines other U.S. vessel under the same own- that one is appropriate, the Regional ership. Administrator may grant an informal (2) [Reserved] hearing before a hearing officer des- (m) 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- (n) 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 and/or be represented by waii longline limited access permit. counsel at the hearing and submit in- (o) Permit appeals. Except as pro- formation and present arguments as vided in subpart D of 15 CFR part 904, determined appropriate by the hearing any applicant for a permit or any per- officer. Within 30 days of the last day mit owner may appeal to the Regional of the hearing, the hearing officer shall

472

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00482 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.802

recommend, in writing, a decision to permit registered for use with that ves- the Regional Administrator. sel, to fish for western Pacific pelagic (3) The Regional Administrator may MUS using longline gear, in violation adopt the hearing officer’s rec- of § 665.801(b)(1). ommended decision, in whole or in (d) Use a vessel shoreward of the part, or may reject or modify it. In any outer boundary of the EEZ around the event, the Regional Administrator will Hawaiian Archipelago without a valid notify the appellant, and interested Hawaii longline limited access permit persons, if any, of the decision, and the registered for use with that vessel, to reason(s) therefore, in writing, within land or transship western Pacific pe- 30 days of receipt of the hearing offi- lagic MUS that were harvested with cer’s recommended decision. The Re- longline gear, in violation of gional Administrator’s action shall § 665.801(b)(2). constitute final Agency action for pur- (e) Use a vessel in the EEZ around poses of the Administrative Procedure American Samoa without a valid Act. American Samoa longline limited ac- (4) In the case of a timely appeal cess permit registered for use with that from an American Samoa longline lim- vessel, to fish for western Pacific pe- ited access permit initial permit deci- lagic MUS using longline gear, in vio- sion, the Regional Administrator will lation of § 665.801(c)(1). issue the appellant a temporary Amer- (f) Use a vessel shoreward of the ican Samoa longline limited access outer boundary of the EEZ around permit. A temporary permit will expire American Samoa without a valid 20 days after the Regional Administra- American Samoa longline limited ac- tor’s final decision on the appeal. In no cess permit registered for use with that event will a temporary permit be effec- vessel, to land western Pacific pelagic tive for longer than 60 days. MUS that were caught with longline (5) With the exception of temporary gear within the EEZ around American permits issued under paragraph (o)(4) Samoa, in violation of § 665.801(c)(2). of this section, the Regional Adminis- (g) Use a vessel within the EEZ trator, for good cause, may extend any around American Samoa without a time limit prescribed in this section valid American Samoa longline limited for a period not to exceed 30 days, ei- access permit registered for use with ther upon his/her own motion or upon that vessel, to transship western Pa- written request from the appellant cific pelagic MUS that were caught stating the reason(s) therefore. with longline gear, in violation of § 665.801(c)(3). § 665.802 Prohibitions. (h) Use a vessel in the EEZ around In addition to the prohibitions speci- Guam, CNMI, or PRIA (with the excep- fied in § 600.725 of this chapter, it is un- tion of Midway Atoll) without either a lawful for any person to do any of the valid Western Pacific general longline following: permit, American Samoa longline lim- (a) Falsify or fail to make and/or file ited access permit or a Hawaii longline all reports of western Pacific pelagic limited access permit registered for use MUS landings, containing all data and with that vessel, to fish for western Pa- in the exact manner, as required by ap- cific pelagic MUS using longline gear, plicable state law or regulation, as in violation of § 665.801(d)(1). specified in § 665.14(a), provided that (i) Use a vessel shoreward of the the person is required to do so by appli- outer boundary of the EEZ around cable state law or regulation. Guam, CNMI, or PRIA (with the excep- (b) Use a vessel without a valid per- tion of Midway Atoll) without either a mit issued under the High Seas Fishing valid Western Pacific general longline Compliance Act to fish for western Pa- permit, American Samoa longline lim- cific pelagic MUS using longline gear, ited access permit or a Hawaii longline on the high seas, in violation of limited access permit registered for use §§ 665.801(a), and 300.15 of this title. with that vessel, to land or transship (c) Use a vessel in the EEZ around western Pacific pelagic MUS that were the Hawaiian Archipelago without a harvested using longline gear, in viola- valid Hawaii longline limited access tion of § 665.801(d)(2).

473

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00483 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.802 50 CFR Ch. VI (10–1–20 Edition)

(j) Use a vessel shoreward of the (y) Fail to comply with other terms outer boundary of the EEZ around and conditions that the Regional Ad- American Samoa, CNMI, Guam, Ha- ministrator imposes by written notice waii, or PRIA, to land or transship to either the permit holder or the des- western Pacific pelagic MUS caught by ignated agent of the permit holder to other vessels using longline gear, with- facilitate the details of observer place- out a valid receiving vessel permit reg- ment. istered for use with that vessel, in vio- (z) Fail to fish in accordance with the lation of § 665.801(e). seabird take mitigation techniques set (k) Use a vessel in the EEZ around forth at §§ 665.815(a)(1) or 665.815(a)(2) the PRIA employing handline or troll- when operating a vessel registered for ing methods to fish for western Pacific use under a Hawaii longline limited ac- pelagic MUS without a valid PRIA pe- cess permit. lagic troll and handline fishing permit (aa)–(bb) [Reserved] registered for use for that vessel, in (cc) Own or operate a vessel reg- violation of § 665.801(f). istered for use under any longline per- (l) Fish in the fishery after failing to mit issued under § 665.801 while engaged comply with the notification require- in longline fishing for western Pacific ments in § 665.803. pelagic MUS and fail to be certified for (m) Fail to comply with notification completion of a NMFS protected species workshop, in violation of requirements set forth in § 665.803 or in § 665.814(a). any EFP issued under § 665.17. (dd) Own or operate a vessel reg- (n) Fail to comply with a term or istered for use under any longline per- condition governing longline gear con- mit issued under § 665.801 while engaged figuration in § 665.813(k) if using a ves- in longline fishing for western Pacific sel longer than 40 ft (12.2 m) registered pelagic MUS without having on board a for use with any valid longline permit valid protected species workshop cer- issued pursuant to § 665.801 to fish for tificate issued by NMFS or a legible western Pacific pelagic MUS using copy thereof, in violation of § 665.814(d). longline gear south of the Equator (0° (ee) Possess light sticks on board a lat.). vessel registered for use under a Hawaii (o) Use a fishing vessel to retain on longline limited access permit at any board, transship, or land pelagic MUS time during a trip for which notifica- captured by longline gear in the tion to NMFS under § 665.803(a) indi- WCPFC Convention Area, as defined in cated that deep-setting would be done, § 300.211 of this title, in violation of any in violation of § 665.813(d). restriction announced in accordance (ff) Fail to carry, or fail to use, a line with § 665.819(d)(2). clipper, dip net, or dehooker on a vessel (p)–(u) [Reserved] registered for use under any longline (v) Use longline gear to fish within a permit issued under § 665.801, in viola- longline fishing prohibited area in vio- tion of § 665.812. lation of § 665.806, except as allowed (gg)–(hh) [Reserved] pursuant to an exemption issued under (ii) When operating a vessel reg- §§ 665.17 or 665.807. istered for use under any longline lim- (w) Fish for western Pacific pelagic ited access permit issued under MUS with longline gear within the pro- § 665.801, fail to comply with the sea tected species zone, in violation of turtle handling, resuscitation, and re- § 665.806(b). lease requirements, in violation of (x) Fail to comply with a term or § 665.812(b). condition governing the observer pro- (jj) Engage in shallow-setting from a gram established in § 665.808, if using a vessel registered for use under any vessel registered for use with a Hawaii longline permit issued under § 665.801 longline limited access permit, or a north of the Equator (0° lat.) with vessel registered for use with a size hooks other than circle hooks sized 18/ Class B, C or D American Samoa 0 or larger with an offset not to exceed longline limited access permit, to fish 10 degrees, in violation of § 665.813(f). for western Pacific pelagic MUS using (kk) Engage in shallow-setting from longline gear. a vessel registered for use under any

474

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00484 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.803

longline permit issued under § 665.801 been closed, or upon notice that that north of the Equator (0° lat.) with bait the vessel is restricted from fishing, in other than mackerel-type bait, in vio- violation of § 665.813(b). lation of § 665.813(g). (uu)–(vv) [Reserved] (ll) [Reserved] (ww) Fail to handle seabirds other (mm) Fail to use a line setting ma- than short-tailed albatrosses that are chine or line shooter, with weighted caught by pelagic longline gear in a branch lines, to set the main longline manner that maximizes the probability when operating a vessel that is reg- of their long-term survival, in viola- istered for use under a Hawaii longline tion of § 665.815(c). limited access permit and equipped (xx) Use a large vessel to fish for with monofilament main longline, western Pacific Pelagic MUS within an when making deep sets north of 23° N. American Samoa large vessel prohib- lat., in violation of § 665.815(a)(1) or ited area in violation of § 665.806, except (a)(2). as allowed pursuant to an exemption (nn) Fail to employ basket-style issued under §§ 665.17 or 665.818. longline gear such that the mainline is (yy) Fish for western Pacific pelagic deployed slack when operating a vessel MUS using gear prohibited under registered for use under a Hawaii § 665.810 or not permitted by an EFP ° longline limited access north of 23 N. issued under § 665.17. lat., in violation of § 665.815(a)(2)(v). (zz) Use a vessel that is greater than (oo) Fail to maintain and use blue 50 ft (15.4 m) LOA to squid jig fish in dye to prepare thawed bait when oper- EEZ waters around American Samoa, ating a vessel registered for use under CNMI, Guam, Hawaii, or PRIA, without a Hawaii longline limited access per- a Western Pacific squid jig fishing permit that is fishing north of 23° N. lat., mit registered for use with that vessel, in violation of § 665.815(a)(2)(vi) through in violation of § 665.801(g). (viii). (pp) Fail to retain, handle, and dis- [75 FR 2205, Jan. 14, 2010, as amended at 76 charge fish, fish parts, and spent bait, FR 37288, June 27, 2011; 76 FR 52889, Aug. 24, strategically when operating a vessel 2011; 77 FR 60649, Oct. 4, 2012; 79 FR 64111, registered for use under a Hawaii Oct. 28, 2014; 85 FR 57997, Sept. 17, 2020] longline limited access permit that is fishing north of 23° N. lat., in violation § 665.803 Notifications. of § 665.815(a)(2)(i) through (iv). (a) The permit holder, or designated (qq) Fail to be begin the deployment agent, for any vessel registered for use of longline gear at least 1 hour after under a Hawaii longline limited access local sunset or fail to complete the set- permit, or for any vessel greater than ting process before local sunrise from a 40 ft (12.2 m) LOA that is registered for vessel registered for use under a Hawaii use under an American Samoa longline longline limited access permit while limited access permit, shall provide a shallow-setting north of 23° N. lat., in notice to the Regional Administrator violation of § 665.815(a)(4). at least 72 hours (not including week- (rr) Fail to handle short-tailed ends and Federal holidays) before the albatrosses that are caught by pelagic vessel leaves port on a fishing trip, any longline gear in a manner that maxi- part of which occurs in the EEZ around mizes the probability of their long- the Hawaiian Archipelago or American term survival, in violation of Samoa. The vessel operator will be pre- § 665.815(b). sumed to be an agent designated by the (ss) Engage in shallow-setting from a permit holder unless the Regional Ad- vessel registered for use under a Hawaii ministrator is otherwise notified by longline limited access permit after the permit holder. The permit holder the shallow-set longline fishery has or designated agent for a vessel reg- been closed, or upon notice that that istered for use under Hawaii longline the vessel is restricted from fishing, in limited access permits must also pro- violation of § 665.813(b) and (i). vide notification of the trip type (ei- (tt) Fail to immediately retrieve ther deep-setting or shallow-setting). longline fishing gear upon notice that (b) The permit holder, or designated the shallow-set longline fishery has agent, for any vessel registered for use

475

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00485 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.804 50 CFR Ch. VI (10–1–20 Edition)

under a Western Pacific squid jig fish- receive important notifications, or ing permit that is greater than 50 ft sanctions pursuant to the Magnuson- (15.4 m) LOA, shall provide a notice to Stevens Act at 16 U.S.C. 1858(g) or 15 the Regional Administrator at least 72 CFR part 904, subpart D. hours (not including weekends and Federal holidays) before the vessel § 665.804 Gear identification. leaves port on a fishing trip, any part (a) Identification. The operator of of which occurs in western Pacific EEZ each permitted vessel in the fishery waters. The vessel operator will be pre- management area must ensure that the sumed to be an agent designated by the official number of the vessel be affixed permit holder unless the Regional Ad- to every longline buoy and float, in- ministrator is otherwise notified by cluding each buoy and float that is at- the permit holder. tached to a radar reflector, radio an- (c) For purposes of this section, the tenna, or flag marker, whether at- notice must be provided to the office or tached to a deployed longline or pos- telephone number designated by the sessed on board the vessel. Markings Regional Administrator. The notice must be legible and permanent, and must provide the official number of the must be of a color that contrasts with vessel, the name of the vessel, the in- the background material. tended departure date, time, and loca- (b) Enforcement action. Longline gear tion, the name of the operator of the not marked in compliance with para- vessel, and the name and telephone graph (a) of this section and found de- number of the permit holder or des- ployed in the EEZ will be considered ignated agent to be available between 8 unclaimed or abandoned property, and a.m. and 5 p.m. (local time) on week- may be disposed of in any manner con- days for NMFS to contact to arrange sidered appropriate by NMFS or an au- observer placement. thorized officer. (d) The operator of any vessel subject to the requirements of this subpart § 665.805 [Reserved] who does not have on board a VMS unit while transiting the protected species § 665.806 Prohibited area management. zone as defined in § 665.806, must notify (a) Longline fishing prohibited areas. the NMFS Special-Agent-In-Charge im- Longline fishing is prohibited in the mediately upon entering and imme- longline fishing prohibited areas as de- diately upon departing the protected fined in paragraphs (a)(1) through (a)(4) species zone. The notification must in- of this section. clude the name of the vessel, name of (1) NWHI protected species zone. The the operator, date and time (GMT) of NWHI protected species zone is the por- access or exit from the protected spe- tion of the EEZ within 50 nm of the cies zone, and location by latitude and center geographical positions of cer- longitude to the nearest minute. tain islands and reefs in the NWHI, as (e) The permit holder for any Amer- follows: ican Samoa longline limited access permit, or an agent designated by the Name N. lat. W. long. permit holder, must notify the Re- Nihoa Island ...... 23°05′ 161°55′ gional Administrator in writing within Necker Island ...... 23°35′ 164°40′ 30 days of any change to the permit French Frigate Shoals ...... 23°45′ 166°15′ ° ′ ° ′ holder’s contact information or any Gardner Pinnacles ...... 25 00 168 00 Maro Reef ...... 25°25′ 170°35′ change to the vessel documentation as- Laysan Island ...... 25°45′ 171°45′ sociated with a permit registered to an Lisianski Island ...... 26°00′ 173°55′ American Samoa longline limited ac- Pearl and Hermes Reef ...... 27°50′ 175°50′ Midway Island ...... 28°14′ 177°22′ cess permit. Complete changes in the Kure Island ...... 28°25′ 178°20′ ownership of the vessel registered to an American Samoa longline limited ac- Where the areas are not contiguous, parallel lines drawn cess permit must also be reported to tangent to and connecting those semicircles of the 50-nm areas that lie between Nihoa Island and Necker Island, PIRO in writing within 30 days of the French Frigate Shoals and Gardner Pinnacles, Gardner change. Failure to report such changes Pinnacles and Maro Reef, and Lisianski Island and Pearl may result in a delay in processing an and Hermes Reef, delimit the remainder of the NWHI application, permit holders failing to longline protected species zone.

476

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00486 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.807

(2) Main Hawaiian Islands (MHI). The (1) Tutuila Island, Manua Islands, and MHI longline fishing prohibited area is Rose Atoll (AS–1). The large vessel pro- the portion of the EEZ around Hawaii hibited area around Tutuila Island, the bounded by straight lines connecting Manua Islands, and Rose Atoll consists the following coordinated in the order of the waters of the EEZ around Amer- listed: ican Samoa enclosed by straight lines connecting the following coordinates: Point N. lat. W. long. Point S. lat. W. long. A ...... 18°05′ 155°40′ ° ′ ° ′ B ...... 18 20 156 25 ° ′ ″ ° ′ ° ′ ° ′ AS–1–A ...... 13 41 54 167 17 C ...... 20 00 157 30 ° ′ ″ ° ′ ° ′ ° ′ AS–1–B ...... 15 23 10 167 17 D ...... 20 40 161 40 ° ′ ″ ° ′ ″ E ...... 21°40′ 161°55′ AS–1–C ...... 15 23 10 169 00 42 ° ′ ° ′ ″ F ...... 23°00′ 161°30′ AS–1–D ...... 15 13 169 00 42 G ...... 23°05′ 159°30′ ° ′ ″ H ...... 22°55′ 157°30′ and from point AS–1–A westward along latitude 13 41 54 S. I ...... 21°30′ 155°30′ until intersecting the U.S. EEZ boundary with Samoa, and J ...... 19°50′ 153°50′ from point AS–1–D westward along latitude 15°13′ S. until K ...... 19°00′ 154°05′ intersecting the U.S. EEZ boundary with Samoa. A ...... 18°05′ 155°40′ (2) Swains Island (AS–2). The Swains (3) Guam. The Guam longline fishing Island large vessel prohibited area is prohibited area is the portion of the the portion of the EEZ around Amer- EEZ around Guam bounded by straight ican Samoa enclosed by straight lines lines connecting the following coordi- connecting the following coordinates: nates in the order listed: Point S. lat. W. long. Point N. lat. E. long. AS–2–A ...... 11°48′ 171°50′ A ...... 14°25′ 144°00′ AS–2–B ...... 11°48′ 170°20′ B ...... 14°00′ 143°38′ C ...... 13°41′ 143°33′33‘‘ and from Point AS–2–A northward along the longitude D ...... 13°00′ 143°25′30‘‘ 171°50′ W. until intersecting the U.S. EEZ boundary with E ...... 12°20′ 143°37′ Tokelau, and from Point AS–2–B northward along the lon- F ...... 11°40′ 144°09′ gitude 170°20′ W. until intersecting the U.S. EEZ boundary G ...... 12°00′ 145°00′ with Tokelau. H ...... 13°00′ 145°42′ I ...... 13°27′ 145°51′ [76 FR 37289, June 27, 2011, as amended at 77 (4) CNMI. The CNMI longline fishing FR 34261, June 11, 2012; 77 FR 71286, Nov. 29, prohibited area is the portion of the 2012] EEZ around the CNMI bounded by § 665.807 Exemptions for Hawaii straight lines connecting the following longline fishing prohibited areas; coordinates in the order listed: procedures. Point N. lat. E. long. (a) An exemption permitting a person to use longline gear to fish in a por- A ...... 14°00′ 144°34′ B ...... 15°49′ 145°29′ tion(s) of the Hawaii longline fishing C ...... 16°21′ 145°06′ prohibited area will be issued to a per- D ...... 17°03′ 145°22′ son who can document that he or she: E ...... 19°07′ 145°09′ F ...... 20°39′ 144°19′ (1) Currently owns a Hawaii longline G ...... 21°04′ 145°06′ limited access permit issued under this H ...... 19°19′ 146°04′ part and registered for use with his or I ...... 16°00′ 146°32′ her vessel; J ...... 13°32′ 145°32′ A ...... 14°00′ 144°34′ (2) Before 1970, was the owner or operator of a vessel when that vessel (b) American Samoa large vessel prohib- landed western Pacific pelagic MUS ited areas. A large vessel of the United taken on longline gear in an area that States may not be used to fish for is now within the Hawaii longline fish- western Pacific pelagic MUS in the ing prohibited area; American Samoa large vessel prohib- (3) Was the owner or operator of a ited areas as defined in paragraphs vessel that landed western Pacific pe- (b)(1) and (b)(2) of this section, except lagic MUS taken on longline gear in an as allowed pursuant to an exemption area that is now within the Hawaii issued under § 665.818. longline fishing prohibited area, in at

477

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00487 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.808 50 CFR Ch. VI (10–1–20 Edition)

least 5 calendar years after 1969, which recommendation, including criteria by need not be consecutive; and which financial hardships will be miti- (4) In any one of the 5 calendar years, gated, while retaining the effectiveness was the owner or operator of a vessel of the longline fishing prohibited area. that harvested at least 80 percent of its (2) Following a review of the Coun- total landings, by weight, of longline- cil’s recommendation and supporting caught western Pacific pelagic MUS in rationale, the Regional Administrator an area that is now in the Hawaii may: longline fishing prohibited area. (i) Reject the Council’s recommenda- (b) Each exemption shall specify the tion, in which case written reasons will portion(s) of the Hawaii longline fish- be provided by the Regional Adminis- ing prohibited area, bounded by longi- trator to the Council for the rejection; tudinal and latitudinal lines drawn to or include each statistical area, as ap- (ii) Concur with the Council’s rec- pearing on Hawaii State Commercial ommendation and, after finding that it Fisheries Charts, in which the exemp- is consistent with the goals and objec- tion holder made the harvest docu- tives of the Pelagics FEP, the national mented for the exemption application standards, and other applicable law, under paragraph (a)(4) of this section. initiate rulemaking to implement the (c) Each exemption is valid only Council’s recommendations. within the portion(s) of the Hawaii longline fishing prohibited area speci- § 665.808 Conditions for at-sea ob- fied on the exemption. server coverage. (d) A person seeking an exemption under this section must submit an ap- (a) NMFS shall advise the permit plication and supporting documenta- holder or the designated agent of any tion to PIRO at least 15 days before the observer requirement at least 24 hours desired effective date of the exemption. (not including weekends and Federal (e) If the Regional Administrator de- holidays) before any trip for which termines that a gear conflict has oc- NMFS received timely notice in com- curred and is likely to occur again in pliance with these regulations. the Hawaii longline fishing prohibited (b) The ‘‘Notice Prior to Fishing area between a vessel used by a person Trip’’ requirements in this subpart holding an exemption under this sec- commit the permit holder to the rep- tion and a non-longline vessel, the Re- resentations in the notice. The notice gional Administrator may prohibit all can be modified by the permit holder or longline fishing in the Hawaii longline designated agent because of changed fishing prohibited area around the is- circumstance, if the Regional Adminis- land where the conflict occurred, or in trator is promptly provided a modifica- portions thereof, upon notice to each tion to the notice that complies with holder of an exemption who would be the notice requirements. The notice affected by such a prohibition. will also be considered modified if the (f) The Council will consider informa- Regional Administrator and the permit tion provided by persons with Hawaii holder or designated agent agrees to longline limited access permits issued placement changes. under this part who believe they have (c) When NMFS notifies the permit experienced extreme financial hardship holder or designated agent of the obli- resulting from the Hawaii longline area gation to carry an observer in response closure, and will consider recommenda- to a notification under this subpart, or tions of the Pelagic Advisory Review as a condition of an EFP issued under Board to assess whether exemptions § 665.17, the vessel may not engage in under this section should continue to the fishery without taking the ob- be allowed, and, if appropriate, revise server. the qualifying criteria in paragraph (a) (d) A NMFS observer shall arrive at of this section to permit additional ex- the observer’s assigned vessel 30 min- emptions. utes before the time designated for de- (1) If additional exemptions are need- parture in the notice or the notice as ed, the Council will advise the Re- modified, and will wait 1 hour for de- gional Administrator in writing of its parture.

478

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00488 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.808

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

479

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00489 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.809 50 CFR Ch. VI (10–1–20 Edition)

and shower facilities that can be pro- pers meeting the minimum design vided for the exclusive use of the ob- standards specified in paragraph (a)(5) server, or if no cabin is assigned, then of this section, dip nets meeting the arrangements for sharing common fa- minimum design standards specified in cilities must be established and ap- paragraph (a)(6) of this section, and proved in advance by NMFS. dehookers meeting this minimum design and performance standards speci- § 665.809 Port privileges and fied in paragraph (a)(7) of this section. transiting for unpermitted U.S. (3) Other longline vessels with longline vessels. freeboards of 3 ft (0.91 m) or less. Any A U.S. longline fishing vessel that owner or operator of a longline vessel does not have a permit under subpart A with a permit issued under § 665.801 of this part may enter waters of the other than a Hawaii limited access fishery management area with western longline permit and that has a Pacific pelagic MUS on board, but may freeboard of 3 ft (0.91 m) or less must not land or transship any western Pa- carry aboard their vessels line clippers cific pelagic MUS on board the vessel. capable of cutting the vessels fishing The vessel’s longline gear must be line or leader within approximately 1 ft stowed or secured so it is rendered un- (0.3 m) of the eye of an embedded hook, usable during the time the vessel is in as well as wire or bolt cutters capable those waters. of cutting through the vessel’s hooks. (4) Handline, troll, pole-and-line, and § 665.810 Prohibition of drift gillnetting. other vessels using hooks other than longline vessels. Any owner or operator Fishing with drift gillnets in the fish- of a vessel fishing under the Pelagics ery management area is prohibited, ex- FEP with hooks other than longline cept where authorized by an EFP gear are not required to carry specific issued under § 665.17. mitigation gear, but must comply with § 665.811 [Reserved] the handling requirements set forth in paragraph (b) of this section. § 665.812 Sea turtle take mitigation (5) Line clippers. Line clippers are in- measures. tended to cut fishing line as close as (a) Possession and use of required possible to hooked or entangled sea mitigation gear. The gear required in turtles. NMFS has established min- paragraph (a) of this section must be imum design standards for line clip- used according to the sea turtle han- pers. The Arceneaux line clipper (ALC) dling requirements set forth in para- is a model line clipper that meets these graph (b) of this section. minimum design standards and may be (1) Hawaii longline limited access fabricated from readily available and permits. Any owner or operator of a low-cost materials (see Figure 3 to this vessel registered for use under a Hawaii part). The minimum design standards longline limited access permit must are as follows: carry aboard the vessel line clippers (i) A protected cutting blade. The meeting the minimum design standards cutting blade must be curved, recessed, specified in paragraph (a)(5) of this sec- contained in a holder, or otherwise af- tion, dip nets meeting the minimum forded some protection to minimize di- design standards specified in paragraph rect contact of the cutting surface with (a)(6) of this section, and dehookers sea turtles or users of the cutting meeting the minimum design and per- blade. formance standards specified in para- (ii) Cutting blade edge. The blade graph (a)(7) of this section. must be capable of cutting 2.0-2.1 mm (2) Other longline vessels with monofilament line and nylon or poly- freeboards of more than 3 ft (0.91m). propylene multistrand material com- Any owner or operator of a longline monly known as braided mainline or vessel with a permit issued under tarred mainline. § 665.801 other than a Hawaii limited ac- (iii) An extended reach holder for the cess longline permit and that has a cutting blade. The line clipper must freeboard of more than 3 ft (0.91 m) have an extended reach handle or pole must carry aboard the vessel line clip- of at least 6 ft (1.82 m).

480

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00490 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.812

(iv) Secure fastener. The cutting greater. It is recommended that the blade must be securely fastened to the handle be designed so that it breaks extended reach handle or pole to ensure down into sections. The handle must be effective deployment and use. sturdy and strong enough to facilitate (6) Dip nets. Dip nets are intended to the secure attachment of the hook re- facilitate safe handling of sea turtles moval device. and access to sea turtles for purposes (ii) Long-handled dehooker for exter- of cutting lines in a manner that mini- nal hooks. This item is intended to be mizes injury and trauma to sea turtles. used to remove externally-hooked The minimum design standards for dip hooks from sea turtles that cannot be nets that meet the requirements of this boated. The long-handled dehooker for section nets are: ingested hooks described in paragraph (i) An extended reach handle. The dip (a)(7)(i) of this section meets this re- net must have an extended reach han- quirement. The minimum design and dle of at least 6 ft (1.82 m) of wood or performance standards are as follows: other rigid material able to support a (A) Construction. The device must be minimum of 100 lb (34.1 kg) without constructed of 5⁄16 inch (7.94 mm) 316 L breaking or significant bending or dis- stainless steel rod. A 5 inch (12.70 cm) tortion. tube T-handle of 1 inch (2.54 cm) out- (ii) Size of dip net. The dip net must side diameter is recommended, but not have a net hoop of at least 31 inches required. The dehooking end must be (78.74 cm) inside diameter and a bag blunt with all edges rounded. The de- depth of at least 38 inches (96.52 cm). vice must be of a size capable of secur- The bag mesh openings may be no more ing the range of hook sizes and styles than 3 inches by 3 inches (7.62 cm by used by the vessel. 7.62 cm). (B) Handle. The handle must have a (7) Dehookers. (i) Long-handled length equal to or greater than the ves- dehooker for ingested hooks. This item sel’s freeboard or 3 ft (0.91 m), which- is intended to be used to remove in- ever is greater. gested hooks from sea turtles that can- (iii) Long-handled device to pull an not be boated, and to engage a loose ‘‘inverted V.’’ This item is intended to hook when a turtle is entangled but be used to pull an ‘‘inverted V’’ in the not hooked and line is being removed. fishing line when disentangling and One long-handled dehooker for ingested dehooking entangled sea turtles. One hooks is required on board. The min- long-handled device to pull an ‘‘in- imum design and performance stand- verted V’’ is required on the vessel. The ards are as follows: minimum design and performance (A) Hook removal device. The hook re- standards are as follows: moval device must be constructed of 5⁄16 (A) Hook end. It must have a hook- inch (7.94 mm) 316L stainless steel and shaped end, like that of a standard have a dehooking end no larger than boat hook or gaff, which must be con- 17⁄8 inches (4.76 cm) outside diameter. structed of stainless steel or alu- The device must be capable of securely minum. engaging and controlling the leader (B) Handle. The handle must have a while shielding the barb of the hook to length equal to or greater than 150 per- prevent the hook from re-engaging dur- cent of the vessel’s freeboard or 6 ft ing removal. It must not have any un- (1.83 m), whichever is greater. The han- protected terminal points (including dle must be sturdy and strong enough blunt ones), as these could cause injury to allow the hook end to be effectively to the esophagus during hook removal. used to engage and pull an ‘‘inverted The device must be of a size capable of V’’ in the line. securing the range of hook sizes and (C) The long-handled dehookers de- styles used by the vessel. scribed in paragraphs (a)(7)(i) and (ii) (B) Extended reach handle. The hook of this section meet this requirement. removal device must be securely fas- (iv) Short-handled dehooker for in- tened to an extended reach handle or gested hooks. This item is intended to pole with a length equal to or greater be used to remove ingested hooks, ex- than 150 percent of the vessel’s ternally hooked hooks, and hooks in freeboard or 6 ft (1.83 m), whichever is the front of the mouth of sea turtles

481

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00491 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.812 50 CFR Ch. VI (10–1–20 Edition)

that can be boated. One short-handled The device must be of a size appro- dehooker for ingested hooks is required priate to secure the range of hook sizes on board. The minimum design and and styles used by the vessel. performance standards are as follows: (B) Shaft and handle. The shaft must (A) Hook removal device. The hook re- be 16 to 24 inches (40.64 to 60.69 cm) in moval device must be constructed of 1⁄4 length, and must have a T-handle 4 to inch (6.35 mm) 316 L stainless steel, and 6 inches (10.16 to 15.24 cm) in length and the design of the dehooking end must 3⁄4 to 11⁄4 inches (1.90 to 3.18 cm) in di- be such to allow the hook to be secured ameter. and the barb shielded without re-en- (8) Tire. This item is intended to be gaging during the hook removal proc- used for supporting a turtle in an up- ess. The dehooking end must be no right orientation while it is on board. larger than 1-5/16 inch (3.33 cm) outside One tire is required on board, but an diameter. It must not have any unpro- assortment of sizes is recommended to tected terminal points (including blunt accommodate a range of turtle sizes. ones), as this could cause injury to the The tire must be a standard passenger esophagus during hook removal. The vehicle tire and must be free of exposed dehooking end must be of a size appro- steel belts. priate to secure the range of hook sizes (9) Long-nose or needle-nose pliers. and styles used by the vessel. This item is intended to be used to re- (B) Sliding plastic bite block. The move deeply embedded hooks from the dehooker must have a sliding plastic turtle’s flesh that must be twisted in bite block, which is intended to be used order to be removed, and also to hold to protect the sea turtle’s beak and fa- in place PVC splice couplings when cilitate hook removal if the turtle used as mouth openers. One pair of bites down on the dehooker. The bite long-nose or needle-nose pliers is re- block must be constructed of a 3⁄4 inch quired on board. The minimum design (1.91 cm) inside diameter high impact standards are as follows: The pliers plastic cylinder (for example, Schedule must be 8 to 14 inches (20.32 to 35.56 cm) 80 PVC) that is 10 inches (25.40 cm) in length. It is recommended that they long. The dehooker and bite block be constructed of stainless steel mate- must be configured to allow for 5 rial. inches (12.70 cm) of slide of the bite (10) Wire or bolt cutters. This item is block along the shaft of the dehooker. intended to be used to cut through (C) Shaft and handle. The shaft must hooks in order to remove all or part of be 16 to 24 inches (40.64 to 60.69 cm) in the hook. One pair of wire or bolt cut- length, and must have a T-handle 4 to ters is required on board. The min- 6 inches (10.16 to 15.24 cm) in length and imum design and performance stand- 3⁄4 to 11⁄4 inches (1.90 to 3.18 cm) in di- ards are as follows: The wire or bolt ameter. cutters must be capable of cutting hard (v) Short-handled dehooker for exter- metals, such as stainless or carbon nal hooks. This item is intended to be steel hooks, and they must be capable used to remove externally hooked of cutting through the hooks used by hooks from sea turtles that can be the vessel. boated. One short-handled dehooker for (11) Monofilament line cutters. This external hooks is required on board. item is intended to be used to cut and The short-handled dehooker for in- remove fishing line as close to the eye gested hooks required to comply with of the hook as possible if the hook is paragraph (a)(7)(v) of this section swallowed or cannot be removed. One meets this requirement. The minimum pair of monofilament line cutters is re- design and performance standards are quired on board. The minimum design as follows: standards are as follows: Monofilament (A) Hook removal device. The hook re- line cutters must be 6 to 9 inches (15.24 moval device must be constructed of 5⁄16 to 22.86 cm) in length. The blades must inch (7.94 cm) 316 L stainless steel, and be 13⁄4 (4.45 cm) in length and 5⁄8 inches the design must be such that a hook (1.59 cm) wide when closed. can be rotated out without pulling it (12) Mouth openers and gags. These out at an angle. The dehooking end items are intended to be used to open must be blunt, and all edges rounded. the mouths of boated sea turtles, and

482

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00492 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.812

to keep them open when removing in- (v) A hank of rope. A hank of rope is gested hooks in a way that allows the intended to be used to gag open a sea hook or line to be removed without turtle’s mouth by placing it in the cor- causing further injury to the turtle. At ner of the jaw. A hank of rope is made least two of the seven different types of from a 6 foot (1.83 m) lanyard of braid- mouth openers and gags described ed nylon rope that is folded to create a below are required on board. The seven hank, or looped bundle, of rope. The types and their minimum design stand- hank must be 2 to 4 inches (5.08 to 10.16 ards are as follows. cm) in thickness. (i) A block of hard wood. A block of (vi) A set of four PVC splice cou- hard wood is intended to be used to gag plings. PVC splice couplings are in- open a turtle’s mouth by placing it in tended to be used to allow access to the the corner of the jaw. It must be made back of the mouth of a turtle for hook of hard wood of a type that does not and line removal by positioning them splinter (for example, maple), and it inside a turtle’s mouth and holding must have rounded and smoothed them in place with long-nose or needle- edges. The dimensions must be 10 to 12 nose pliers. The set must consist of the inches (24.50 to 30.48 cm) by 3⁄4 to 11⁄4 following Schedule 40 PVC splice cou- inches (1.90 to 3.18 cm) by 3⁄4 to 11⁄4 pling sizes: 1 inch (2.54 cm), 11⁄4 inches inches (1.90 to 3.18 cm). (3.18 cm), 11⁄2 inches (3.81 cm), and 2 (ii) A set of three canine mouth gags. inches (5.08 cm). A canine mouth gag is intended to be (vii) A large avian oral speculum. A used to gag open a turtle’s mouth while large avian oral speculum is intended allowing hands-free operation after it to be used to hold a turtle’s mouth is in place. A set of canine mouth gags open and control the head with one must include one of each of the fol- hand while removing a hook with the lowing sizes: small (5 inches, 12.7 cm), other hand. It must be 9 inches (22.86 medium (6 inches, 15.2 cm), and large (7 cm) in length and constructed of 3⁄16 inches, 17.8 cm). They must be con- inch (4.76 mm) wire diameter surgical structed of stainless steel. A 13⁄4 inch stainless steel (Type 304). It must be (4.45 cm) long piece of vinyl tubing (3⁄4 covered with 8 inches (20.32 cm) of clear inch, 1.91 cm) outside diameter and 5⁄8 vinyl tubing 5⁄16 inch (7.94 mm) outside inch (1.59 cm) inside diameter) must be diameter, 3⁄16 inch (4.76 mm) inside di- placed over the ends of the gags to pro- ameter. tect the turtle’s beak. (b) Handling requirements. If a sea (iii) A set of two sturdy canine chew turtle is observed to be hooked or en- bones. A canine chew bone is intended tangled in fishing gear from any vessel to be used to gag open a turtle’s mouth fishing under the Pelagics FEP, vessel by placing it in the corner of the jaw. owners and operators must use the re- They must be constructed of durable quired mitigation gear set forth in nylon, zylene resin, or thermoplastic paragraph (a) of this section to comply polymer, and strong enough to with- with these handling requirements. Any stand biting without splintering. To hooked or entangled sea turtle must be accommodate a variety of turtle beak handled in a manner to minimize in- sizes, a set must include one large (51⁄2 jury and promote survival. to 8 inches (13.97 to 20.32 cm) in length) (1) Sea turtles that cannot be and one small (31⁄2 to 41⁄2 inches (8.89 to brought aboard. In instances where a 11.43 cm) in length) canine chew bones. sea turtle is too large to be brought (iv) A set of two rope loops covered aboard or the sea turtle cannot be with hose. A set of two rope loops cov- brought aboard without causing fur- ered with a piece of hose is intended to ther injury to the sea turtle, the vessel be used as a mouth opener and to keep owner or operator must disentangle a turtle’s mouth open during hook and/ and remove the gear, or cut the line as or line removal. A set consists of two 3- close as possible to the hook or entan- foot (0.91 m) lengths of poly braid rope, glement, to remove the maximum each covered with an 8 inch (20.32 cm) amount of the gear from the sea turtle. section of 1⁄2 inch (1.27 cm) or 3⁄4 inch (2) Sea turtles that can be brought (1.91 cm) light-duty garden hose, and aboard. In instances where a sea turtle each tied into a loop. is not too large to be brought aboard,

483

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00493 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.813 50 CFR Ch. VI (10–1–20 Edition)

or the sea turtle can be brought aboard (i) Place the vessel engine in neutral without causing further injury to the gear so that the propeller is disengaged turtle, the vessel owner or operator and the vessel is stopped, and release must take the following actions: the sea turtle away from deployed (i) Immediately bring the sea turtle gear; and aboard; (ii) Observe that the turtle is safely (ii) Handle the sea turtle in accord- away from the vessel before engaging ance with the procedures in paragraphs the propeller and continuing oper- (b)(3) and (b)(4) of this section; and ations. (iii) Disentangle and remove the (5) Other sea turtle requirements. No gear, or cut the line as close as possible sea turtle, including a dead turtle, may to the hook or entanglement, to re- be consumed or sold. A sea turtle may move the maximum amount of the gear be landed, offloaded, transshipped or from the sea turtle. kept below deck only if NMFS requests the retention of a dead sea turtle for (3) Sea turtle resuscitation. If a sea tur- research. tle appears dead or comatose, the following actions must be taken: § 665.813 Western Pacific longline fish- (i) Place the sea turtle on its belly ing restrictions. (on the bottom shell or plastron) so (a) [Reserved] that the sea turtle is right side up and (b) Limits on sea turtle interactions in its hindquarters elevated at least 6 the shallow-set longline fishery—(1) Fleet inches (15.24 cm) for a period of no less Limits. There are limits on the max- than 4 hours and no more than 24 imum number of allowable physical hours. The amount of the elevation interactions that occur each year be- varies with the size of the sea turtle; tween leatherback sea turtles and ves- greater elevations are needed for larger sels registered for use under Hawaii sea turtles; longline limited access permits while (ii) Administer a reflex test at least engaged in shallow-set fishing. once every 3 hours. The test is to be (i) The annual fleet limit for performed by gently touching the eye leatherback sea turtles (Dermochelys and pinching the tail of a sea turtle to coriacea) is 16. determine if the sea turtle is respon- (ii) Upon determination by the Re- sive; gional Administrator that the shallow- (iii) Keep the sea turtle shaded and set fleet has reached the limit during a damp or moist (but under no cir- given calendar year, the Regional Ad- cumstances place the sea turtle into a ministrator will, as soon as prac- container holding water). A water- ticable, file for publication at the Of- soaked towel placed over the eyes, car- fice of the Federal Register a notifica- apace and flippers is the most effective tion that the fleet reached the limit, method of keeping a sea turtle moist; and that shallow-set fishing north of and the Equator will be prohibited begin- (iv) Return to the sea any sea turtle ning at a specified date until the end of that revives and becomes active in the the calendar year in which the limit manner described in paragraph (b)(4) of was reached. this section. Sea turtles that fail to re- (2) Trip limits. There are limits on the vive within the 24-hour period must maximum number of allowable phys- also be returned to the sea in the man- ical interactions that occur during a ner described in paragraph (b)(4) of this single fishing trip between leatherback section. and North Pacific loggerhead sea tur- (4) Sea turtle release. After handling a tles and individual vessels registered sea turtle in accordance with the re- for use under Hawaii longline limited quirements of paragraphs (b)(2) and access permits while engaged in shal- (b)(3) of this section, the sea turtle low-set fishing. For purposes of this must be returned to the ocean after section, a shallow-set fishing trip com- identification unless NMFS requests mences when a vessel departs port, and the retention of a dead sea turtle for ends when the vessel returns to port, research. In releasing a sea turtle the regardless of whether fish are landed. vessel owner or operator must: For purposes of this section, a calendar

484

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00494 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.813

year is the year in which a vessel during a trip for which notification to reaches a trip limit. NMFS under § 665.803(a) indicated that (i) The trip limit for leatherback sea deep-setting would be done any float turtles is 2, and the trip limit for North lines less than 20 meters in length or Pacific loggerhead sea turtles (Caretta light sticks. As used in this paragraph caretta) is 5. ‘‘float line’’ means a line used to sus- (ii) Upon determination by the Re- pend the main longline beneath a float gional Administrator that a vessel has and ‘‘light stick’’ means any type of reached either sea turtle limit during a light emitting device, including any single fishing trip, the Regional Ad- fluorescent ‘‘glow bead,’’ chemical, or ministrator will notify the permit electrically powered light that is af- holder and the vessel operator that the fixed underwater to the longline gear. vessel has reached a trip limit, and (e) [Reserved] that the vessel is required to imme- (f) Any owner or operator of a vessel diately retrieve all fishing gear and registered for use under any longline stop fishing. permit issued under § 665.801 must use (iii) Upon notification, the vessel op- only circle hooks sized 18/0 or larger, erator shall immediately retrieve all with an offset not to exceed 10 degrees, fishing gear, stop fishing, and return to when shallow-setting north of the port. Equator (0° lat.). As used in this para- (iv) A vessel that reaches a trip limit graph, an offset circle hook sized 18/0 or for either turtle species during a cal- larger is one with an outer diameter at endar year shall be prohibited from en- its widest point no smaller than 1.97 gaging in shallow-set fishing during inches (50 mm) when measured with the 5 days immediately following the the eye of the hook on the vertical axis vessel’s return to port. (y-axis) and perpendicular to the hori- (v) A vessel that reaches a trip limit zontal axis (x-axis). As used in this a second time during a calendar year, paragraph, the allowable offset is for the same turtle species as the first measured from the barbed end of the instance, shall be prohibited from en- hook, and is relative to the parallel gaging in shallow-set fishing for the re- plane of the eyed-end, or shank, of the mainder of that calendar year. Addi- hook when laid on its side. tionally, in the subsequent calendar (g) Any owner or operator of a vessel year, that vessel shall be limited to an registered for use under any longline annual interaction limit for that spe- permit issued under § 665.801 must use cies, either 2 leatherback or 5 North only mackerel-type bait when shallow- Pacific loggerhead sea turtles. If that setting north of the Equator (0° lat.). subsequent annual interaction limit is As used in this paragraph, mackerel- reached, that vessel shall be prohibited type bait means a whole fusiform fish from engaging in shallow-set fishing with a predominantly blue, green or for the remainder of that calendar gray back and predominantly gray, sil- year. ver or white lower sides and belly. (vi) Upon determination by the Re- (h) Owners and operators of vessels gional Administrator that a vessel has registered for use under a Hawaii reached an annual interaction limit, longline limited access permit may the Regional Administrator will notify make sets only of the type (shallow- the permit holder and the vessel oper- setting or deep-setting) indicated in ator that the vessel has reached the the notification to NMFS pursuant to limit, and that the vessel is required to § 665.803(a). immediately stop fishing and return to (i) A vessel registered for use under a port. Hawaii longline limited access permit (vii) Upon notification, the vessel op- may not be used to engage in shallow- erator shall immediately retrieve all setting north of the Equator any time fishing gear, stop fishing, and return to during which shallow-set fishing is pro- port. hibited pursuant to paragraphs (b)(1) or (c) [Reserved] (2) of this section. (d) Vessels registered for use under a (j) Swordfish limits. When fishing Hawaii longline limited access permit north of the Equator (0° lat.), owners may not have on board at any time and operators of vessels registered for

485

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00495 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.814 50 CFR Ch. VI (10–1–20 Edition)

use under a Hawaii longline limited ac- under § 665.801 must have a valid process permit, on a trip for which the tected species workshop certificate permit holder notified NMFS under issued by NMFS to the owner of the § 665.803(a) that the vessel would deep- vessel, in order to maintain or renew set, may possess or land no more than their vessel registration. the following number of swordfish for (d) An owner and an operator of a such trip: vessel registered for use under any (1) If an observer is on board, there is longline permit issued under § 665.801 no limit. must have on board the vessel a valid (2) If there is no observer on board, protected species workshop certificate and if only circle hooks are used, the issued by NMFS to the operator of the limit is 25. vessel, or a legible copy thereof. (3) If there is no observer on board, and if any type of hook other than a § 665.815 Pelagic longline seabird miti- circle hook is used, the limit is 10. gation measures. (k) When fishing south of the Equa- (a) Seabird mitigation techniques. When tor (0° lat.) for western Pacific pelagic deep-setting or shallow-setting north MUS, owners and operators of vessels of 23° N. lat. or shallow-setting south of longer than 40 ft (12.2 m) registered for 23° N. lat., owners and operators of ves- use with any valid longline permit sels registered for use under a Hawaii issued pursuant to § 665.801 must use longline limited access permit, must longline gear that is configured accord- either side-set according to paragraph ing to the requirements in paragraphs (a)(1) of this section, or fish in accord- (k)(1) through (k)(5) of this section. ance with paragraph (a)(2) of this sec- (1) Each float line must be at least 30 tion. m long. (1) Side-setting. Owners and opera- (2) At least 15 branch lines must be tors of vessels opting to side-set under attached to the mainline between any this section must fish according to the two float lines attached to the main- following specifications: line. (i) The mainline must be deployed as (3) Each branch line must be at least far forward on the vessel as prac- 10 meters long. ticable, and at least 1 m (3.3 ft) forward (4) No branch line may be attached to from the stern of the vessel; the mainline closer than 70 meters to (ii) The mainline and branch lines any float line. must be set from the port or the star- (5) No more than 10 swordfish may be board side of the vessel; possessed or landed during a single (iii) If a mainline shooter is used, the fishing trip. mainline shooter must be mounted as [75 FR 2205, Jan. 14, 2010, as amended at 76 far forward on the vessel as prac- FR 13299, Mar. 11, 2011; 76 FR 52889, Aug. 24, ticable, and at least 1 m (3.3 ft) forward 2011; 77 FR 43722, July 26, 2012; 77 FR 60649, from the stern of the vessel; Oct. 4, 2012; 83 FR 49496, Oct. 2, 2018; 85 FR (iv) Branch lines must have weights 57997, Sept. 17, 2020] with a minimum weight of 45 g (1.6 oz); (v) One weight must be connected to § 665.814 Protected species workshop. each branch line within 1 m (3.3 ft) of (a) Each year, both the owner and the each hook; operator of a vessel registered for use (vi) When seabirds are present, the under any longline permit issued under longline gear must be deployed so that § 665.801 must attend and be certified baited hooks remain submerged and do for completion of a workshop con- not rise to the sea surface; and ducted by NMFS on interaction mitiga- (vii) A bird curtain must be deployed. tion techniques for sea turtles, seabirds Each bird curtain must consist of the and other protected species. following three components: a pole (b) A protected species workshop cer- that is fixed to the side of the vessel tificate will be issued by NMFS annu- aft of the line shooter and which is at ally to any person who has completed least 3 m (9.8 ft) long; at least three the workshop. main streamers that are attached at (c) An owner of a vessel registered for regular intervals to the upper 2 m (6.6 use under any longline permit issued ft) of the pole and each of which has a

486

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00496 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.815

minimum diameter of 20 mm (0.8 in); (ii) Attach a weight of at least 45 g and branch streamers attached to each (1.6 oz) to each branch line within 1 m main streamer at the end opposite (3.3 ft) of the hook. from the pole, each of which is long (4) Shallow-setting requirement. In enough to drag on the sea surface in addition to the requirements set forth the absence of wind, and each of which in paragraphs (a)(1) and (a)(2) of this has a minimum diameter 10 mm (0.4 section, owners and operators of ves- in). sels engaged in shallow-setting that do (2) Alternative to side-setting. Own- not side-set must begin the deployment ers and operators of vessels that do not of longline gear at least 1 hour after side-set must do the following: local sunset and complete the deploy- (i) Discharge fish, fish parts (offal), ment no later than local sunrise, using or spent bait while setting or hauling only the minimum vessel lights to con- form with navigation rules and best longline gear, on the opposite side of safety practices. the vessel from where the longline gear (b) Short-tailed albatross handling is being set or hauled, when seabirds techniques. If a short-tailed albatross are present; is hooked or entangled by a vessel reg- (ii) Retain sufficient quantities of istered for use under a Hawaii longline fish, fish parts, or spent bait between limited access permit, owners and op- the setting of longline gear for the pur- erators must ensure that the following pose of strategically discharging it in actions are taken: accordance with paragraph (a)(2)(i) of (1) Stop the vessel to reduce the ten- this section; sion on the line and bring the bird on (iii) Remove all hooks from fish, fish board the vessel using a dip net; parts, or spent bait prior to its dis- (2) Cover the bird with a towel to pro- charge in accordance with paragraph tect its feathers from oils or damage (a)(2)(i) of this section; while being handled; (iv) Remove the bill and liver of any (3) Remove any entangled lines from swordfish that is caught, sever its head the bird; and from the trunk and cut it in half (4) Determine if the bird is alive or vertically and periodically discharge dead. the butchered heads and livers in ac- (i) If dead, freeze the bird imme- cordance with paragraph (a)(2)(i) of diately with an identification tag at- this section; tached directly to the specimen listing (v) When using basket-style longline the species, location and date of mor- gear north of 23° N. lat., ensure that tality, and band number if the bird has the main longline is deployed slack to a leg band. Attach a duplicate identi- maximize its sink rate; fication tag to the bag or container (vi) Use completely thawed bait that holding the bird. Any leg bands present has been dyed blue to an intensity level must remain on the bird. Contact specified by a color quality control NMFS, the USCG, or the USFWS at the card issued by NMFS; numbers listed on the Short-tailed Al- batross Handling Placard distributed (vii) Maintain a minimum of two at the NMFS protected species work- cans (each sold as 0.45 kg or 1 lb size) shop, inform them that you have a containing blue dye on board the ves- dead short-tailed albatross on board, sel; and and submit the bird to NMFS within 72 (viii) Follow the requirements in hours following completion of the fish- paragraphs (a)(3) and (a)(4) of this sec- ing trip. tion, as applicable. (ii) If alive, handle the bird in accord- (3) Deep-setting requirements. The ance with paragraphs (b)(5) through following additional requirements (11) of this section. apply to vessels engaged in deep-set- (5) Place the bird in a safe enclosed ting using a monofilament main place; longline north of 23° N. lat. that do not (6) Immediately contact NMFS, the side-set. Owners and operators of these USCG, or the USFWS at the numbers vessels must do the following: listed on the Short-tailed Albatross (i) Employ a line shooter; and Handling Placard distributed at the

487

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00497 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.816 50 CFR Ch. VI (10–1–20 Edition)

NMFS protected species workshop and (5) Cut the fishing line as close as request veterinary guidance; possible to ingested or inaccessible (7) Follow the veterinary guidance hooks; regarding the handling and release of (6) Leave the bird in a safe enclosed the bird; space to recover until its feathers are (8) If the bird is externally hooked dry; and and no veterinary guidance is received (7) After recovered, release seabirds within 24-48 hours, handle the bird in by placing them on the sea surface. accordance with paragraphs (c)(4) and § 665.816 American Samoa longline (c)(5) of this section, and release the limited entry program. bird only if it meets the following criteria: (a) General. Under § 665.801(c), certain U.S. vessels are required to be reg- (i) Able to hold its head erect and re- istered for use under a valid American spond to noise and motion stimuli; Samoa longline limited access permit. (ii) Able to breathe without noise; With the exception of reductions in (iii) Capable of flapping and retract- permits in vessel size Class A under ing both wings to normal folded posi- paragraph (c)(1) of this section, the tion on its back; maximum number of permits will be (iv) Able to stand on both feet with capped at the number of initial permits toes pointed forward; and actually issued under paragraph (f) of (v) Feathers are dry. this section. (9) Any seabird that is released in ac- (b) Terminology. For purposes of this cordance with paragraph (b)(8) of this section, the following terms have these section or under the guidance of a vet- meanings: erinarian must be placed on the sea (1) Documented participation means surface; participation proved by, but not nec- (10) If the hook has been ingested or essarily limited to, a properly sub- is inaccessible, keep the bird in a safe, mitted NMFS or American Samoa log- enclosed place and submit it to NMFS book, an American Samoa creel survey immediately upon the vessel’s return record, a delivery or payment record to port. Do not give the bird food or from an American Samoa-based can- water; and nery, retailer or wholesaler, an Amer- (11) Complete the short-tailed alba- ican Samoa tax record, an individual tross recovery data form issued by wage record, ownership title, vessel NMFS. registration, or other official documents showing: (c) Non-short-tailed albatross seabird (i) Ownership of a vessel that was handling techniques. If a seabird other used to fish in the EEZ around Amer- than a short-tailed albatross is hooked ican Samoa, or or entangled by a vessel registered for (ii) Evidence of work on a fishing trip use under a Hawaii longline limited ac- during which longline gear was used to cess permit owners and operators must harvest western Pacific pelagic MUS in ensure that the following actions are the EEZ around American Samoa. If taken: the applicant does not possess the nec- (1) Stop the vessel to reduce the ten- essary documentation of evidence of sion on the line and bring the seabird work on a fishing trip based on records on board the vessel using a dip net; available only from NMFS or the Gov- (2) Cover the seabird with a towel to ernment of American Samoa (e.g., protect its feathers from oils or dam- creel survey record or logbook), the ap- age while being handled; plicant may issue a request to PIRO to (3) Remove any entangled lines from obtain such records from the appro- the seabird; priate agencies, if available. The appli- (4) Remove any external hooks by cant should provide sufficient informa- cutting the line as close as possible to tion on the fishing trip to allow PIRO the hook, pushing the hook barb out to retrieve the records. point first, cutting off the hook barb (2) Family means those people re- using bolt cutters, and then removing lated by blood, marriage, and formal or the hook shank; informal adoption.

488

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00498 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.816

(c) Vessel size classes. The Regional (iii) In the third calendar year after Administrator shall issue American initial issuance, any unissued, relin- Samoa longline limited access permits quished, or revoked permits of the first in the following size classes: four, plus two additional permits. (1) Class A: Vessels less than or equal (d) A vessel subject to this section to 40 ft (12.2 m) LOA. The maximum may only be registered with an Amer- number will be reduced as Class B–1, C– ican Samoa longline limited access 1, and D–1 permits are issued under permit of a size class equal to or larger paragraph (f)(5) of this section. than the vessel’s LOA. (2) Class B: Vessels over 40 ft (12.2 m) (e) Initial permit qualification. Any to 50 ft (15.2 m) LOA. U.S. national or U.S. citizen or com- (3) Class B–1: Maximum number of 14 pany, partnership, or corporation permits for vessels over 40 ft (12.2 m) to qualifies for an initial American 50 ft (15.2 m) LOA, to be made available Samoa longline limited access permit according to the following schedule: if the person, company, partnership, or (i) Four permits in the first calendar corporation, on or prior to March 21, year after the Regional Administrator 2002, owned a vessel that was used dur- has issued all initial permits in Classes ing the time of their ownership to har- A, B, C, and D (initial issuance); vest western Pacific pelagic MUS with (ii) In the second calendar year after longline gear in the EEZ around Amer- initial issuance, any unissued, relin- ican Samoa, and that fish was landed quished, or revoked permits of the first in American Samoa: four, plus four additional permits; (1) Prior to March 22, 2002; or (iii) In the third calendar year after initial issuance, any unissued, relin- (2) Prior to June 28, 2002, provided quished, or revoked permits of the first that the person or business provided to eight, plus four additional permits; and NMFS or the Council, prior to March (iv) In the fourth calendar year after 22, 2002, a written notice of intent to initial issuance, any unissued, relin- participate in the pelagic longline fish- quished, or revoked permits of the first ery in the EEZ around American 12, plus two additional permits. Samoa. (4) Class C: Vessels over 50 ft (15.2 m) (f) Initial permit issuance. to 70 ft (21.3 m) LOA. (1) Any application for issuance of an (5) Class C–1: Maximum number of six initial permit must be submitted to permits for vessels over 50 ft (15.2) to 70 PIRO no later than 120 days after the ft (21.3 m) LOA, to be made available effective date of this final rule. The Re- according to the following schedule: gional Administrator shall publish a (i) Two permits in the first calendar notice in the FEDERAL REGISTER, send year after initial issuance; notices to persons on the American (ii) In the second calendar year after Samoa pelagics mailing list, and use initial issuance, any unissued, relin- other means to notify prospective ap- quished, or revoked permits of the first plicants of the availability of permits. two, plus two additional permits; and Applications for initial permits must (iii) In the third calendar year after be made, and application fees paid, in initial issuance, any unissued, relin- accordance with §§ 665.13(c)(1), 665.13 quished, or revoked permits of the first (d), and 665.13 (f)(2). A complete appli- four, plus two additional permits. cation must include documented par- (6) Class D: Vessels over 70 ft (21.3 m) ticipation in the fishery in accordance LOA. with § 665.816(b)(1). If the applicant is (7) Class D–1: Maximum number of 6 any entity other than a sole owner, the permits for vessels over 70 ft (21.3 m) application must be accompanied by a LOA, to be made available according to supplementary information sheet ob- the following schedule: tained from the Regional Adminis- (i) Two permits in the first calendar trator, containing the names and mail- year after initial issuance; ing addresses of all owners, partners, (ii) In the second calendar year after and corporate officers. initial issuance, any unissued, relin- (2) Only permits of Class A, B, C, and quished, or revoked permits of the first D will be made available for initial two, plus two additional permits; and issuance. Permits of Class B–1, C–1, and

489

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00499 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.816 50 CFR Ch. VI (10–1–20 Edition)

D–1, will be made available in subse- of an additional permit must be sub- quent calendar years. mitted to PIRO no later than 120 days (3) Within 30 days of receipt of a com- after the date of publication of the no- pleted application, the Assistant Re- tice on the availability of additional gional Administrator for Sustainable permits in the FEDERAL REGISTER. A Fisheries, PIRO, shall make a decision complete application must include doc- on whether the applicant qualifies for umented participation in the fishery in an initial permit and will notify the accordance with § 665.816(b)(1). The Re- successful applicant by a dated letter. gional Administrator shall issue per- The successful applicant must register mits to persons according to the fol- a vessel, of the equivalent size class or lowing priority standard: smaller to which the qualifying vessel (i) First priority accrues to the per- would have belonged, to the permit son with the earliest documented par- within 120 days of the date of the letter ticipation in the pelagic longline fish- of notification, and maintain this ves- ery in the EEZ around American sel registration to the permit for at Samoa on a Class A sized vessel. least 120 days. The successful applicant (ii) The next priority accrues to the must also submit a supplementary in- person with the earliest documented formation sheet, obtained from the Re- participation in the pelagic longline gional Administrator, containing the fishery in the EEZ around American name and mailing address of the owner Samoa on a Class B size, Class C size, of the vessel to which the permit is or Class D size vessel, in that order. registered. If the registered vessel is (iii) In the event of a tie in the pri- owned by any entity other than a sole ority ranking between two or more ap- owner, the names and mailing address- plicants, the applicant whose second es of all owners, partners, and cor- documented participation in the pe- porate officers must be included. lagic longline fishery in the EEZ (4) An appeal of a denial of an appli- around American Samoa is first in cation for an initial permit shall be time will be ranked first in priority. If processed in accordance with § 665.801(o) of this subpart. there is still a tie between two or more (5) After all appeals on initial per- applicants, the Regional Administrator mits are concluded in any vessel size will select the successful applicant by class, the maximum number of permits an impartial lottery. in that class shall be the number of (2) Applications must be made, and permits issued during the initial application fees paid, in accordance issuance process (including appeals). with §§ 665.13(c)(1), 665.13(d), and The maximum number of permits will 665.13(f)(2). If the applicant is any enti- not change, except that the maximum ty other than a sole owner, the applica- number of Class A permits will be re- tion must be accompanied by a supple- duced if Class A permits are replaced mentary information sheet, obtained by B–1, C–1, or D–1 permits under para- from the Regional Administrator, con- graph (h) of this section. Thereafter, if taining the names and mailing address- any Class A, B, C, or D permit becomes es of all owners, partners, and cor- available, the Regional Administrator porate officers that comprise owner- shall re-issue that permit according to ship of the vessel for which the permit the process set forth in paragraph (g) of application is prepared. this section. (3) Within 30 days of receipt of a com- (g) Additional permit issuance. pleted application, the Assistant Re- (1) If the number of permits issued in gional Administrator for Sustainable Class A, B, C, or D, falls below the Fisheries shall make a decision on maximum number of permits, the Re- whether the applicant qualifies for a gional Administrator shall publish a permit and will notify the successful notice in the FEDERAL REGISTER, send applicant by a dated letter. The suc- notices to persons on the American cessful applicant must register a vessel Samoa pelagics mailing list, and use of the equivalent vessel size or smaller other means to notify prospective ap- to the permit within 120 days of the plicants of any available permit(s) in date of the letter of notification. The that class. Any application for issuance successful applicant must also submit

490

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00500 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.816

a supplementary information sheet, ob- the letter of notification. The success- tained from the Regional Adminis- ful applicant must also submit a sup- trator, containing the name and mail- plementary information sheet, ob- ing address of the owner of the vessel tained from the Regional Adminis- to which the permit is registered. If the trator, containing the name and mail- registered vessel is owned by any enti- ing address of the owner of the vessel ty other than a sole owner, the names to which the permit is registered. If the and mailing addresses of all owners, registered vessel is owned by any enti- partners, and corporate officers must ty other than a sole owner, the names be included. If the successful applicant and mailing addresses of all owners, fails to register a vessel to the permit partners, and corporate officers must within 120 days of the date of the letter be included. of notification, the Assistant Regional (5) An appeal of a denial of an appli- Administrator for Sustainable Fish- cation for a Class B–1, C–1, or D–1 per- eries shall issue a letter of notification mit shall be processed in accordance to the next person on the priority list or, in the event that there are no more with § 665.801(o). prospective applicants on the priority (6) If a Class B–1, C–1, or D–1 permit list, re-start the issuance process pur- is relinquished, revoked, or not re- suant to paragraph (g)(1) of this sec- newed pursuant to paragraph (j)(1) of tion. Any person who fails to register this section, the Regional Adminis- the permit to a vessel under this para- trator shall make that permit avail- graph (g)(3) within 120 days shall not be able according to the procedure de- eligible to apply for a permit for 6 scribed in paragraph (g) of this section. months from the date those 120 days (i) Permit transfer. The holder of an expired. American Samoa longline limited ac- (4) An appeal of a denial of an appli- cess permit may transfer the permit to cation for a permit shall be processed another individual, partnership, cor- in accordance with § 665.801(o). poration, or other entity as described (h) Class B–1, C–1, and D–1 Permits. in this section. Applications for permit (1) Permits of Class B–1, C–1, and D– transfers must be submitted to the Re- 1 will be initially issued only to per- gional Administrator within 30 days of sons who hold a Class A permit and the transfer date. If the applicant is who, prior to March 22, 2002, partici- any entity other than a sole owner, the pated in the pelagic longline fishery application must be accompanied by a around American Samoa. supplementary information sheet, ob- (2) The Regional Administrator shall tained from the Regional Adminis- issue permits to persons for Class B–1, trator, containing the names and mail- C–1, and D–1 permits based on each per- ing addresses of all owners, partners, son’s earliest documented participa- and corporate officers. After such an tion, with the highest priority given to application has been made, the permit that person with the earliest date of is not valid for use by the new permit documented participation. holder until the Regional Adminis- (3) A permit holder who receives a Class B–1, C–1, or D–1 permit must re- trator has issued the permit in the new linquish his or her Class A permit and permit holder’s name under § 665.13(c). that permit will no longer be valid. The (1) Permits of all size classes except maximum number of Class A permits Class A. An American Samoa longline will be reduced accordingly. limited access permit of any size class (4) Within 30 days of receipt of a com- except Class A may be transferred (by pleted application for a Class B–1, C–1, sale, gift, bequest, intestate succession, 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 § 305(I)(2) of the cant must register a vessel of the Magnuson-Stevens Act, 16 U.S.C. equivalent vessel size or smaller to the § 1855(I)(2), and its implementing regu- permit within 120 days of the date of lations, or

491

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00501 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.817 50 CFR Ch. VI (10–1–20 Edition)

(ii) Any person with documented par- terest will be counted as a full permit ticipation in the pelagic longline fish- for the purpose of calculating whether ery in the EEZ around American the 10-percent standard has been Samoa. reached. (2) Class A Permits. An American (l) Three year review. Within 3 years Samoa longline limited access permit of the effective date of this final rule, of Class A may be transferred (by sale, the Council shall consider appropriate gift, bequest, intestate succession, bar- revisions to the American Samoa lim- ter, or trade) to the following persons ited entry program after reviewing the only: effectiveness of the program with re- (i) A family member of the permit spect to its biological and socio- holder, economic objectives, concerning gear (ii) A western Pacific community lo- conflict, overfishing, enforceability, cated in American Samoa that meets compliance, and other issues. the criteria set forth in § 305(I)(2) of the Magnuson-Stevens Act, 16 U.S.C. 1855, § 665.817 [Reserved] and its implementing regulations, or § 665.818 Exemptions for American (iii) Any person with documented Samoa large vessel prohibited participation in the pelagic longline areas. fishery on a Class A size vessel in the (a) Exemption for historical participa- EEZ around American Samoa prior to tion. (1) An exemption will be issued to March 22, 2002. a person who currently owns a large (3) Class B–1, C–1, and D–1 Permits. vessel to use that vessel to fish for Class B–1, C–1, and D–1 permits may western Pacific pelagic MUS in the not be transferred to a different owner American Samoa large vessel prohib- for 3 years from the date of initial ited areas, if the person seeking the ex- issuance, except by bequest or intes- emption had been the owner of that tate succession if the permit holder vessel when it was registered for use dies during those 3 years. After the ini- with a Western Pacific general longline tial 3 years, Class B–1, C–1, and D–1 per- permit, and has made at least one land- mits may be transferred only in ac- ing of western Pacific pelagic MUS in cordance with the restrictions in para- American Samoa on or prior to Novem- graph (i)(1) of this section. ber 13, 1997. (j) Permit renewal and registration of (2) A landing of western Pacific pe- vessels. lagic MUS for the purpose of this para- (1) Use requirements. An American graph must have been properly re- Samoa longline limited access permit corded on a NMFS Western Pacific will not be renewed following 3 con- Federal daily longline form that was secutive calendar years (beginning submitted to NMFS, as required in with the year after the permit was § 665.14. issued in the name of the current per- (3) An exemption is valid only for a mit holder) in which the vessel(s) to vessel that was registered for use with which it is registered landed less than: a Western Pacific general longline per- (i) For permit size Classes A or B: a mit and landed western Pacific pelagic total of 1,000 lb (455 kg) of western Pa- MUS in American Samoa on or prior to cific pelagic MUS harvested in the EEZ November 13, 1997, or for a replacement around American Samoa using longline vessel of equal or smaller LOA than the gear, or vessel that was initially registered for (ii) For permit size Classes C or D: a use with a Western Pacific general total of 5,000 lb (2,273 kg) of western longline permit on or prior to Novem- Pacific pelagic MUS harvested in the ber 13, 1997. EEZ around American Samoa using (4) An exemption is valid only for the longline gear. vessel for which it is registered. An ex- (2) [Reserved] emption not registered for use with a (k) Concentration of ownership of particular vessel may not be used. permits. No more than 10 percent of (5) An exemption may not be trans- the maximum number of permits, of all ferred to another person. size classes combined, may be held by (6) If more than one person, e.g., a the same permit holder. Fractional in- partnership or corporation, owned a

492

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00502 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.819

large vessel when it was registered for WCPFC decisions, and other applicable use with a Western Pacific general laws. Based on this review, at least an- longline permit and made at least one nually, the Council shall recommend to landing of western Pacific pelagic MUS the Regional Administrator whether in American Samoa on or prior to No- such catch or fishing effort limit speci- vember 13, 1997, an exemption issued fication or portion available for alloca- under this section will be issued to tion should be approved for the next only one person. fishing year. (b) [Reserved] (4) The Regional Administrator shall [81 FR 5626, Feb. 3, 2016, as amended at 82 FR review any Council recommendation 43909, Sept. 20, 2017] pursuant to paragraph (a) of this section and, if determined to be consistent § 665.819 Territorial catch and fishing with the Pelagics FEP, Magnuson-Ste- effort limits. vens Act, WCPFC decisions, and other (a) General. (1) Notwithstanding applicable laws, shall approve such rec- § 665.4, if the WCPFC agrees to a catch ommendation. If the Regional Admin- or fishing effort limit for a stock of istrator determines that a rec- western Pacific pelagic MUS that is ap- ommendation is inconsistent with the plicable to a U.S. participating terri- Pelagics FEP, Magnuson-Stevens Act, tory, the Regional Administrator may WCPFC decisions and other applicable specify an annual or multi-year catch laws, the Regional Administrator will or fishing effort limit for a U.S. par- disapprove the recommendation and ticipating territory, as recommended provide the Council with a written ex- by the Council, not to exceed the planation of the reasons for dis- WCPFC adopted limit. The Regional approval. If a catch or fishing effort Administrator may authorize such U.S. limit specification or allocation limit participating territory to allocate a is disapproved, or if the Council rec- portion, as recommended by the Coun- ommends and NMFS approves no catch cil, of the specified catch or fishing ef- or fishing effort limit specification or fort limit to a fishing vessel or vessels allocation limit, no specified fishing holding a valid permit issued under agreements as described in paragraph § 665.801 through a specified fishing (c) of this section will be accepted for agreement pursuant to paragraph (c) of the fishing year covered by such ac- this section. tion. (2) If the WCPFC does not agree to a (b) Procedures and timing. (1) After re- catch or fishing effort limit for a stock ceiving a Council recommendation for of western Pacific pelagic MUS appli- a catch or fishing effort limit specifica- cable to a U.S. participating territory, tion, or portion available for alloca- the Council may recommend that the tion, the Regional Administrator will Regional Administrator specify such a evaluate the recommendation for con- limit that is consistent with the sistency with the Pelagics FEP, other Pelagics FEP, other provisions of the provisions of the Magnuson-Stevens Magnuson-Stevens Act, and other ap- Act, and other applicable laws. plicable laws. The Council may also (2) The Regional Administrator will recommend that the Regional Adminis- publish in the FEDERAL REGISTER a no- trator authorize a U.S. participating tice and request for public comment of territory to allocate a portion of a the proposed catch or fishing effort specified catch or fishing effort limit limit specification and any portion of to a fishing vessel or vessels holding the limit that may be allocated to a valid permits issued under § 665.801 fishing vessel or vessels holding a valid through a specified fishing agreement permit issued under § 665.801. pursuant to paragraph (c) of this sec- (3) The Regional Administrator will tion. publish in the FEDERAL REGISTER, a no- (3) The Council shall review any ex- tice of the final catch or fishing effort isting or proposed catch or fishing ef- limit specification and portion of the fort limit specification and portion limit that may be allocated to a fishing available for allocation at least annu- vessel or vessels holding valid permits ally to ensure consistency with the issued under § 665.801. The final speci- Pelagics FEP, Magnuson-Stevens Act, fication of a catch or fishing effort

493

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00503 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.819 50 CFR Ch. VI (10–1–20 Edition)

limit will also announce the deadline (A) Require the identified vessels to for submitting a specified fishing land or offload catch in the ports of the agreement for review as described in U.S. participating territory to which paragraph (c) of this section. The dead- the fishing agreement applies; or line will be no earlier than 30 days (B) Specify the amount of monetary after the publication date of the FED- contributions that each vessel owner in ERAL REGISTER notice that specifies the agreement, or his or her designated the final catch or fishing effort limit representative, will deposit into the and the portion of the limit that may Western Pacific Sustainable Fisheries be allocated through a specified fishing Fund. agreement. (vii) Be consistent with the Pelagics (c) Specified fishing agreements. A FEP and implementing regulations, specified fishing agreement means an the Magnuson-Stevens Act, and other agreement between a U.S. partici- applicable laws; and pating territory and the owner or a (viii) Shall not confer any right of designated representative of a fishing compensation to any party enforceable vessel or vessels holding a valid permit against the United States should ac- issued under § 665.801 of this part. An tion under such agreement be prohib- agreement provides access to an identi- ited or limited by NMFS pursuant to fied portion of a catch or fishing effort its authority under Magnuson-Stevens limit and may not exceed the amount Act, or other applicable laws. specified for the territory and made (2) Council review. The Council, available for allocation pursuant to paragraph (a) of this section. The iden- through its Executive Director, will re- tified portion of a catch or fishing ef- view a submitted specified fishing fort limit in an agreement must ac- agreement to ensure that it is con- count for recent and anticipated har- sistent with paragraph (1) of this sec- vest on the stock or stock complex or tion. The Council will advise the au- fishing effort, and any other valid thorized official or designated rep- agreements with the territory during resentative of the U.S. participating the same year not to exceed the terri- territory to which the agreement ap- tory’s catch or fishing effort limit or plies of any inconsistency and provide allocation limit. an opportunity to modify the agree- (1) An authorized official or des- ment, as appropriate. The Council will ignated representative of a U.S. par- transmit the complete specified fishing ticipating territory may submit a com- agreement to the Regional Adminis- plete specified fishing agreement to the trator for review. Council for review. A complete speci- (3) Agency review. (i) Upon receipt of fied fishing agreement must meet the a specified fishing agreement from the following requirements: Council, the Regional Administrator (i) Identify the vessel(s) to which the will consider such agreement for con- fishing agreement applies, along with sistency with paragraph (c)(1) of this documentation that such vessel(s) pos- section, the Pelagics FEP and imple- sesses a valid permit issued under menting regulations, the Magnuson- § 665.801; Stevens Act, and other applicable laws. (ii) Identify the amount (weight) of (ii) Within 30 calendar days of receipt western Pacific pelagic MUS to which of the fishing agreement from the the fishing agreement applies, if appli- Council, the Regional Administrator cable; will provide the authorized official or (iii) Identify the amount of fishing designated representative of the U.S. effort to which the fishing agreement participating territory to which the applies, if applicable; agreement applies and the signatory (iv) Be signed by an authorized offi- vessel owners or their designated rep- cial of the applicable U.S. participating resentatives with written notice of territory, or designated representative; whether the agreement meets the re- (v) Be signed by each vessel owner or quirements of this section. The Re- designated representative; and gional Administrator will reject an (vi) Satisfy either paragraph agreement for any of the following rea- (c)(1)(vi)(A) or (B) of this section: sons:

494

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00504 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.819

(A) The agreement fails to meet the (5) A vessel shall not be identified in criteria specified in this subpart; more than one valid specified fishing (B) The applicant has failed to dis- agreement at a time. close material information; (6) Revocation and suspension. The Re- (C) The applicant has made a mate- gional Administrator, in consultation rial false statement related to the with the Council, may at any time re- specified fishing agreement; voke or suspend attribution under a (D) The agreement is inconsistent specified fishing agreement upon the with the Pelagics FEP, implementing determination that either: Operation under the agreement would violate the regulations, the Magnuson-Stevens requirements of the Pelagics FEP or Act, or other applicable laws; or implementing regulations, the Magnu- (E) The agreement includes a vessel son-Stevens Act, or other applicable identified in another valid specified laws; or the U.S. participating terri- fishing agreement. tory fails to notify NMFS and the (iii) The Regional Administrator, in Council in writing of any changes in consultation with the Council, may the identity of fishing vessels to which recommend that specified fishing the specified fishing agreement applies agreements include such additional within 72 hours of the change. terms and conditions as are necessary (7) Cancellation. The U.S. partici- to ensure consistency with the Pelagics pating territory and the vessel FEP and implementing regulations, owner(s), or designated representa- the Magnuson-Stevens Act, and other tive(s), that are party to a specified applicable laws. fishing agreement must notify the Re- (iv) The U.S. participating territory gional Administrator in writing within must notify NMFS and the Council in 72 hours after an agreement is can- writing of any changes in the identity celled or no longer valid. A valid notice of fishing vessels to which the specified of cancellation shall require the signa- fishing agreement applies within 72 tures of both parties to the agreement. hours of the change. All catch or fishing effort attributions (v) Upon written notice that a speci- under the agreement shall cease upon fied fishing agreement fails to meet the the written date of a valid notice of requirements of this section, the Re- cancellation. gional Administrator may provide the (8) Appeals. An authorized official or U.S. participating territory an oppor- designated representative of a U.S. par- tunity to modify the fishing agreement ticipating territory or signatory vessel within the time period prescribed in owners or their designated representa- the notice. Such opportunity to modify tives may appeal the granting, denial, conditioning, or suspension of a speci- the agreement may not exceed 30 days fied fishing agreement affecting their following the date of written notice. interests to the Regional Adminis- The U.S. participating territory may trator in accordance with the permit resubmit the agreement according to appeals procedures set forth in paragraph (c)(1) of this section. § 665.801(o) of this subpart. (vi) The absence of the Regional Ad- (9) Catch or fishing effort attribution ministrator’s written notice within the procedures. (i) For vessels identified in time period specified in paragraph a valid specified fishing agreement (c)(3)(ii) of this section or, if applica- that are subject to a U.S. limit and ble, within the extended time period fishing restrictions set forth in 50 CFR specified in paragraph (c)(3)(v) of this part 300, subpart O, NMFS will at- section shall operate as the Regional tribute catch made by such vessels to Administrator’s finding that the fish- the applicable U.S. participating terri- ing agreement meets the requirements tory starting seven days before the of this section. date NMFS projects the annual U.S. (4) Transfer. Specified fishing agree- limit to be reached, or upon the effec- ments authorized under this section tive date of the agreement, whichever are not transferable or assignable, ex- is later. cept as allowed pursuant to paragraph (ii) For U.S. fishing vessels identified (c)(3)(iv) of this section. in a valid specified fishing agreement

495

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00505 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.900 50 CFR Ch. VI (10–1–20 Edition)

that are subject to catch or fishing ef- fied fishing agreement, pursuant to fort limits and fishing restrictions set § 665.819(c); and forth in this subpart, NMFS will at- (ii) In the case of two or more valid tribute catch or fishing effort to the specified fishing agreements in a fish- applicable U.S. participating territory ing year, the projects listed in an ap- starting seven days before the date proved Marine Conservation Plan ap- NMFS projects the limit to be reached, plicable to the territory with the ear- or upon the effective date of the agree- liest valid agreement will be funded ment, whichever is later. first. (iii) If NMFS determines catch or (2) At least seven calendar days prior fishing effort made by fishing vessels to the disbursement of any funds, the identified in a specified fishing agree- Council shall provide in writing to ment exceeds the allocated limit, NMFS a list identifying the order of NMFS will attribute any overage of the priority of the projects in an approved limit back to the U.S. or Pacific island Marine Conservation Plan that are to fishery to which the vessel(s) is reg- be funded. The Council may thereafter istered and permitted in accordance revise this list. with the regulations set forth in 50 [79 FR 64111, Oct. 28, 2014] CFR part 300, subpart O and other applicable laws. Subpart G—Marianas Trench (d) Accountability measures. (1) NMFS Marine National Monument will monitor catch and fishing effort with respect to any territorial catch or fishing effort limit, including the SOURCE: 78 FR 33003, June 3, 2013, unless amount of a limit allocated to vessels otherwise noted. identified in a valid specified fishing § 665.900 Scope and purpose. agreement, using data submitted in logbooks and other information. When The regulations in this subpart cod- NMFS projects a territorial catch or ify certain provisions of the Proclama- fishing effort limit or allocated limit tion, and govern the administration of to be reached, the Regional Adminis- fishing in the Monument. Nothing in trator shall publish notification to this subpart shall be deemed to dimin- ish or enlarge the jurisdiction of the that effect in the FEDERAL REGISTER at least seven days before the limit will Territory of Guam or the Common- wealth of the Northern Mariana Is- be reached. lands. (2) The notice will include an advisement that fishing for the applicable pe- § 665.901 Boundaries. lagic MUS stock or stock complex, or The Marianas Trench Marine Na- fishing effort, will be restricted on a tional Monument includes the fol- specific date. The restriction may in- lowing: clude, but is not limited to, a prohibi- (a) Islands Unit. The Islands Unit in- tion on retention, closure of a fishery, cludes the waters and submerged lands closure of specific areas, or other catch of the three northernmost Mariana Is- or fishing effort restrictions. The re- lands (Farallon de Pajaros (Uracas), striction will remain in effect until the Maug, and Asuncion). The shoreward end of the fishing year. boundary of the Islands Unit is the (e) Disbursement of contributions from mean low water line. The seaward the Sustainable Fisheries Fund. (1) boundary of Islands Unit is defined by NMFS shall make available to the straight lines connecting the following Western Pacific Fishery Management coordinates in the order listed: Council monetary contributions, made to the Fund pursuant to a specified ID E. long. N. lat. fishing agreement, in the following 1 ...... 144°1′22.97″ 21°23′42.40″ order of priority: 2 ...... 145°33′25.20″ 21°23′42.40″ (i) Project(s) identified in an ap- 3 ...... 145°44′31.14″ 21°11′14.60″ proved Marine Conservation Plan (16 4 ...... 146°18′36.75″ 20°49′17.46″ 5 ...... 146°18′36.75″ 19°22′0.00″ U.S.C. 1824) of a U.S. participating ter- 6 ...... 145°3′12.22″ 19°22′0.00″ ritory that is a party to a valid speci- 7 ...... 144°1′22.97″ 20°45′44.11″

496

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00506 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.904

ID E. long. N. lat. ID E. long. N. lat.

1 ...... 144°1′22.97″ 21°23′42.40″ 24 ...... 144°5′27.55″ 23°2′28.67″ 1 ...... 145°5′46″ 23°53′35″ (b) Volcanic Unit. The Volcanic Unit includes the submerged lands of des- § 665.902 Definitions. ignated volcanic sites. The boundaries of the Volcanic Unit are defined as cir- The following definitions are used in cles of a one nautical mile radius cen- this subpart: tered on each of the following points: Management unit species or MUS means the Mariana Archipelago man- ID E. long. N. lat. agement unit species as defined in Fukujin ...... 143°27′30″ 21°56′30″ §§ 665.401, 665.421, 665.441, and 665.461, Minami Kasuga #2 ...... 143°38′30″ 21°36′36″ and the pelagic management unit spe- N.W. Eifuku ...... 144°2′36″ 21°29′15″ Minami Kasuga #3 ...... 143°38′0″ 21°24′0″ cies as defined in § 665.800. Daikoku ...... 144°11′39″ 21°19′27″ Monument means the submerged Ahyi ...... 145°1′45″ 20°26′15″ lands and, where applicable, waters of Maug ...... 145°13′18″ 20°1′15″ Alice Springs ...... 144°30′0″ 18°12′0″ the Marianas Trench Marine National Central trough ...... 144°45′0″ 18°1′0″ Monument as defined in § 665.901. Zealandia ...... 145°51′4″ 16°52′57″ Proclamation means Presidential E. Diamante ...... 145°40′47″ 15°56′31″ Ruby ...... 145°34′24″ 15°36′15″ Proclamation 8335 of January 6, 2009, Esmeralda ...... 145°14′45″ 14°57′30″ ‘‘Establishment of the Marianas N.W. Rota #1 ...... 144°46′30″ 14°36′0″ Trench Marine National Monument.’’ W. Rota ...... 144°50′0″ 14°19′30″ Forecast ...... 143°55′12″ 13°23′30″ Seamount X ...... 144°1′0″ 13°14′48″ § 665.903 Prohibitions. South Backarc ...... 143°37′8″ 12°57′12″ Archaean site ...... 143°37′55″ 12°56′23″ In addition to the general prohibi- Pika site ...... 143°38′55″ 12°55′7″ tions specified in § 600.725 of this chap- Toto ...... 143°31′42″ 12°42′48″ ter, and § 665.15 and subpart D of this part, the following activities are pro- (c) Trench Unit. The Trench Unit in- hibited in the Islands Unit and, thus, cludes the submerged lands of the Mar- unlawful for a person to conduct or ianas Trench. The boundary of the cause to be conducted. Trench Unit extends from the northern limit of the EEZ around the Common- (a) Commercial fishing in violation of wealth of the Northern Mariana Islands § 665.904(a). to the southern limit of the EEZ (b) Non-commercial fishing, except as around Guam as defined by straight authorized under permit and pursuant lines connecting the following coordi- to the procedures and criteria estab- nates in the order listed: lished in § 665.905. (c) Transferring a permit in violation ID E. long. N. lat. of § 665.905(d). 1 ...... 145°5′46″ 23°53′35″ (d) Commercial fishing outside the 2 ...... 145°52′27.10″ 23°45′50.54″ Islands Unit and non-commercial fish- 3 ...... 146°36′18.91″ 23°29′18.33″ 4 ...... 147°5′16.84″ 23°11′43.92″ ing within the Islands Unit on the 5 ...... 147°22′31.43″ 20°38′41.35″ same trip in violation of § 665.904(c). 6 ...... 147°40′48.31″ 19°59′23.30″ 7 ...... 147°39′59.51″ 19°27′2.96″ [78 FR 33003, June 3, 2013, as amended at 78 8 ...... 147°48′51.61″ 19°8′18.74″ FR 39583, July 2, 2013] 9 ...... 148°21′47.20″ 18°56′6.46″ 10 ...... 148°42′50.50″ 17°58′2.20″ 11 ...... 148°34′47.12″ 16°40′53.86″ § 665.904 Regulated activities. 12 ...... 148°5′39.95″ 15°25′51.09″ (a) Commercial fishing is prohibited 13 ...... 146°23′24.38″ 12°21′38.38″ 14 ...... 145°28′33.28″ 11°34′7.64″ in the Islands Unit. 15 ...... 143°3′9″ 10°57′30″ (b) Non-commercial fishing is prohib- 16 ...... 142°19′54.93″ 11°47′24.83″ ited in the Islands Unit, except as au- 17 ...... 144°42′31.24″ 12°21′24.65″ 18 ...... 145°17′59.93″ 12°33′5.35″ thorized under permit and pursuant to 19 ...... 147°29′32.24″ 15°49′25.53″ the procedures and criteria established 20 ...... 147°27′32.35″ 17°57′52.76″ in § 665.905. 21 ...... 147°20′16.96″ 19°9′19.41″ 22 ...... 146°57′55.31″ 20°23′58.80″ (c) Commercial fishing outside the Is- 23 ...... 145°44′31.14″ 21°11′14.60″ lands Unit and non-commercial fishing

497

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00507 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.905 50 CFR Ch. VI (10–1–20 Edition)

within the Islands Unit during the (d) Transfer. A permit issued under same trip is prohibited. this section is not transferrable. (e) Reporting and recordkeeping. The [78 FR 33003, June 3, 2013, as amended at 78 FR 39583, July 2, 2013] operator of a vessel subject to the requirements of this section must com- § 665.905 Fishing permit procedures ply with the terms and conditions de- and criteria. scribed in § 665.14. (a) Marianas Trench Monument Islands [78 FR 33003, June 3, 2013, as amended at 78 Unit non-commercial permit—(1) Applica- FR 39583, July 2, 2013] bility. Both the owner and operator of a vessel used to non-commercially fish § 665.906 International law. for, take, retain, or possess MUS in the The regulations in this subpart shall Islands Unit must have a permit issued be applied in accordance with inter- under this section, and the permit national law. No restrictions shall must be registered for use with that apply to or be enforced against a per- vessel. son who is not a citizen, national, or (2) Eligibility criteria. A permit issued resident alien of the United States (in- under this section may be issued only cluding foreign flag vessels) unless in to a community resident of Guam or accordance with international law. the CNMI. (3) Terms and conditions. (i) Cus- Subpart H—Pacific Remote Islands tomary exchange of fish harvested within the Islands Unit under a non- Marine National Monument commercial permit is allowed, except that customary exchange by fishermen SOURCE: 78 FR 33003, June 3, 2013, unless engaged in recreational fishing is pro- otherwise noted. hibited. § 665.930 Scope and purpose. (ii) Monetary reimbursement under customary exchange shall not exceed The regulations in this subpart cod- actual fishing trip expenses, including ify certain provisions of the Proclama- but not limited to ice, bait, fuel, or tions, and govern the administration of food. fishing in the Monument. (b) Marianas Trench Monument Islands [80 FR 15695, Mar. 25, 2015] Unit recreational charter permit—(1) Ap- plicability. Both the owner and operator § 665.931 Boundaries. of a vessel chartered to recreationally The Monument, including the waters fish for, take, retain, or possess MUS in and submerged and emergent lands of the Islands Unit must have a permit Wake, Baker, Howland, and Jarvis Is- issued under this section, and the per- lands, Johnston Atoll, Kingman Reef, mit must be registered for use with and Palmyra Atoll, is defined as fol- that vessel. Charter boat customers are lows: not required to obtain a permit. (a) Wake Island. The Wake Island unit (2) Eligibility criteria. To be eligible of the Monument includes the waters for a permit issued under this section, and submerged and emergent lands a charter business must be established around Wake Island to the seaward legally under the laws of Guam or the limit of the U.S. EEZ. CNMI. (b) Howland and Baker Islands. The (3) Terms and conditions. (i) The sale Howland and Baker Islands units of the or exchange through barter or trade of Monument include the waters and sub- fish caught in the Monument by a merged and emergent lands around charter boat is prohibited. Howland and Baker Islands within an (ii) No MUS harvested under a rec- area defined by straight lines con- reational charter fishing permit may necting the following coordinates in be used for the purposes of customary the order listed: exchange. (c) Application. An application for a ID W. long. Lat. permit required under this section 1 ...... 177°27′7″ 1°39′15″ N. must be submitted to PIRO as de- 2 ...... 175°38′32″ 1°39′15″ N. scribed in § 665.13. 3 ...... 175°38′32″ 0°38′33″ S.

498

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00508 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.934

ID W. long. Lat. § 665.933 Prohibitions. 4 ...... 177°27′7″ 0°38′33″ S. In addition to the general prohibi- 1 ...... 177°27′7″ 1°39′15″ N. tions specified in § 600.725 of this chapter, and § 665.15 and subparts E and F of (c) Jarvis Island. The Jarvis Island this part, the following activities are unit of the Monument includes the wa- prohibited in the Monument and, thus, ters and submerged and emergent lands unlawful for a person to conduct or around Jarvis Island to the seaward cause to be conducted. limit of the U.S. EEZ. (a) Commercial fishing in the Monu- (d) Johnston Atoll. The Johnston Atoll ment. unit of the Monument includes the wa- (b) Non-commercial fishing in the ters and submerged and emergent lands Monument, except as authorized under around Johnston Atoll to the seaward permit and pursuant to the procedures limit of the U.S. EEZ. and criteria established in § 665.935. (e) Kingman Reef and Palmyra Atoll. (c) Transferring a permit in violation The Kingman Reef and Palmyra Atoll of § 665.935(d). units of the Monument include the wa- (d) Commercial fishing outside the ters and submerged and emergent lands Monument and non-commercial fishing around Kingman Reef and Palmyra within the Monument on the same trip Atoll within an area defined by in violation of § 665.934(c). straight lines connecting the following coordinates in the order listed: (e) Non-commercial fishing within 12 nm of emergent land within the Monu- ID W. long. N. lat. ment, unless authorized by the U.S. Fish & Wildlife Service, in consulta- 1 ...... 163°11′16″ 7°14′38″ 2 ...... 161°12′3″ 7°14′38″ tion with NMFS and the Council, in 3 ...... 161°12′3″ 5°20′23″ violation of § 665.934(d). For the pur- 4 ...... 161°25′22″ 5°1′34″ poses of this subsection, consultation 5 ...... 163°11′16″ 5°1′34″ means that the U.S. Fish & Wildlife 1 ...... 163°11′16″ 7°14′38″ Service will consult with NMFS, which in turn will consult with the Council. [78 FR 33003, June 3, 2013, as amended at 80 FR 15695, Mar. 25, 2015] [78 FR 33003, June 3, 2013, as amended at 78 FR 39583, July 2, 2013] § 665.932 Definitions. § 665.934 Regulated activities. The following definitions are used in this subpart: (a) Commercial fishing is prohibited Management unit species or MUS in the Monument. means the Pacific Remote Island Areas (b) Non-commercial fishing is prohib- management unit species as defined in ited in the Monument, except under §§ 665.601, 665.621, 665.641, and 665.661, permit and pursuant to the procedures and the pelagic management unit spe- and criteria established in § 665.935 or cies as defined in § 665.800. pursuant to § 665.934(d). Monument means the waters and sub- (c) Commercial fishing outside the merged and emergent lands of the Pa- Monument and non-commercial fishing cific Remote Islands Marine National within the Monument during the same Monument and the Pacific Remote Is- trip is prohibited. lands Marine National Monument Ex- (d) Non-commercial fishing is prohib- pansion, as defined in § 665.931. ited within 12 nm of emergent land Proclamations means Presidential within the Monument, unless author- Proclamation 8336 of January 6, 2009, ized by the U.S. Fish & Wildlife Serv- ‘‘Establishment of the Pacific Remote ice, in consultation with NMFS and the Islands Marine National Monument,’’ Council. For the purposes of this sub- and Presidential Proclamation 9173 of section, consultation means that the September 29, 2014, ‘‘Pacific Remote Is- U.S. Fish & Wildlife Service will con- lands Marine National Monument Ex- sult with NMFS, which in turn will pansion.’’ consult with the Council. [78 FR 33003, June 3, 2013, as amended at 80 [78 FR 33003, June 3, 2013, as amended at 78 FR 15695, Mar. 25, 2015] FR 39583, July 2, 2013]

499

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00509 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 665.935 50 CFR Ch. VI (10–1–20 Edition)

§ 665.935 Fishing permit procedures Subpart I—Rose Atoll Marine and criteria. National Monument (a) Non-commercial fishing—(1) Appli- cability. Except as provided in section SOURCE: 78 FR 33003, June 3, 2013, unless 665.934(d), a vessel that is used to non- otherwise noted. commercially fish for, take, retain, or possess MUS in the Monument must be § 665.960 Scope and purpose. registered for use with a permit issued The regulations in this subpart cod- pursuant to §§ 665.603, 665.624, 665.642, ify certain provisions of the Proclama- 665.662, 665.801(f), or 665.801(g). tion, and govern the administration of (2) Terms and conditions. Customary fishing within the Monument. Nothing in this subpart shall be deemed to di- exchange of fish harvested in the minish or enlarge the jurisdiction of Monument is prohibited. the Territory of American Samoa. (b) Pacific Remote Islands Monument recreational charter permit—(1) Applica- § 665.961 Boundaries. bility. Except as provided in § 665.934(d), The Monument consists of emergent both the owner and operator of a vessel and submerged lands and waters ex- that is chartered to recreationally fish tending seaward approximately 50 nm for, take, retain, or possess MUS in the from Rose Atoll. The boundary is de- Monument must have a permit issued fined by straight lines connecting the under this section, and the permit following coordinates in the order list- must be registered for use with that ed: vessel. Charter boat customers are not required to obtain a permit. ID W. long. S. lat. (2) Terms and conditions. (i) The sale 1 ...... 169°0′42″ 13°41′54″ 2 ...... 167°17′0″ 13°41′54″ or exchange through barter or trade of 3 ...... 167°17′0″ 15°23′10″ fish caught by a charter boat fishing in 4 ...... 169°0′42″ 15°23′10″ the Monument is prohibited. 1 ...... 169°0′42″ 13°41′54″ (ii) Customary exchange of fish harvested under a Monument recreational § 665.962 Definitions. charter permit is prohibited. The following definitions are used in (c) Application. An application for a this subpart: permit required under this section Management Unit Species or MUS must be submitted to PIRO as de- means the American Samoa manage- scribed in § 665.13. ment unit species as defined in (d) Transfer. A permit issued under §§ 665.401, 665.421, 665.441, and 665.461, this section is not transferrable. and the pelagic management unit spe- (e) Reporting and recordkeeping. The cies as defined in § 665.800. operator of a vessel subject to the re- Monument means the waters and emergent and submerged lands of the quirements of this section must com- Rose Atoll Marine National Monument, ply with the terms and conditions de- as defined in § 665.961. scribed in § 665.14. Proclamation means Presidential [78 FR 33003, June 3, 2013, as amended at 78 Proclamation 8337 of January 6, 2009, FR 39583, July 2, 2013] ‘‘Establishment of the Rose Atoll Ma- rine National Monument.’’ § 665.936 International law. § 665.963 Prohibitions. The regulations in this subpart shall be applied in accordance with inter- In addition to the general prohibi- national law. No restrictions shall tions specified in § 600.725 of this chap- apply to or be enforced against a per- ter, and § 665.15 and subpart B of this part, the following activities are pro- son who is not a citizen, national, or hibited in the Monument and, thus, un- resident alien of the United States (in- lawful for a person to conduct or cause cluding foreign flag vessels) unless in to be conducted. accordance with international law. (a) Commercial fishing in the Monu- ment.

500

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00510 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Fishery Conservation and Management § 665.966

(b) Non-commercial fishing in the gaged in recreational fishing is prohib- Monument, except as authorized under ited. permit and pursuant to the procedures (ii) Monetary reimbursement under and criteria established in § 665.965. customary exchange shall not exceed (c) Transferring a permit in violation actual fishing trip expenses, including of § 665.965(d). but not limited to ice, bait, fuel, or (d) Commercial fishing outside the food. Monument and non-commercial fishing (b) Rose Atoll Monument recreational within the Monument on the same trip charter permit — (1) Applicability. Both in violation of § 665.964(c). the owner and operator of a vessel that (e) Fishing within 12 nm of emergent is chartered to fish recreationally for, land within the Monument in violation take, retain, or possess MUS in the of § 665.964(d). Monument must have a permit issued [78 FR 33003, June 3, 2013, as amended at 78 under this section, and the permit FR 39583, July 2, 2013] must be registered for use with that vessel. Charter boat customers are not § 665.964 Regulated activities. required to obtain a permit. (a) Commercial fishing is prohibited (2) Permit eligibility criteria. To be eli- in the Monument. gible for a permit issued under this sec- (b) Non-commercial fishing is prohib- tion, a charter business must be estab- ited in the Monument, except as au- lished legally under the laws of Amer- thorized under permit and pursuant to ican Samoa. the procedures and criteria established (3) Terms and conditions. (i) The sale in § 665.965. or exchange through barter or trade of (c) Commercial fishing outside the fish caught by a charter boat fishing in Monument and non-commercial fishing the Monument is prohibited. within the Monument during the same (ii) No MUS harvested under a rec- trip is prohibited. reational charter fishing permit may (d) All fishing is prohibited within 12 be used for the purposes of customary nm of emergent land within the Monu- exchange. ment. (c) Application. An application for a [78 FR 33003, June 3, 2013, as amended at 78 permit required under this section FR 39583, July 2, 2013] must be submitted to PIRO as described in § 665.13. § 665.965 Fishing permit procedures (d) Transfer. A permit issued under and criteria. this section is not transferrable. (a) Rose Atoll Monument non-commer- (e) Reporting and recordkeeping. The cial fishing permit—(1) Applicability. operator of a vessel subject to the re- Both the owner and operator of a vessel quirements of this section must com- used to non-commercially fish for, ply with the terms and conditions de- take, retain, or possess MUS in the scribed in § 665.14. Monument must have a permit issued under this section, and the permit [78 FR 33003, June 3, 2013, as amended at 78 must be registered for use with that FR 39583, July 2, 2013] vessel. (2) Eligibility criteria. A permit issued § 665.966 International law. under this section may be issued only The regulations in this subpart shall to a community resident of American be applied in accordance with inter- Samoa. national law. No restrictions shall (3) Terms and conditions. (i) Cus- apply to or be enforced against a per- tomary exchange of fish harvested son who is not a citizen, national, or under a non-commercial permit within resident alien of the United States (in- the Monument is allowed, except that cluding foreign flag vessels) unless in customary exchange by fishermen en- accordance with international law.

501

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00511 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Pt. 665, Fig. 1 50 CFR Ch. VI (10–1–20 Edition)

FIGURE 1 TO PART 665—CARAPACE LENGTH OF LOBSTERS

FIGURE 2 TO PART 665—LENGTH OF FISHING VESSELS

502

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00512 Fmt 8010 Sfmt 8026 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB ER14JA10.126 ER14JA10.127 Fishery Conservation and Management Pt. 665, Fig. 3

FIGURE 3 TO PART 665—SAMPLE FABRICATED ARCENEAUX LINE CLIPPER

503

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00513 Fmt 8010 Sfmt 8006 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB ER14JA10.128 Pt. 679 50 CFR Ch. VI (10–1–20 Edition)

PART 679—FISHERIES OF THE EX- 679.55 Observer fees. CLUSIVE ECONOMIC ZONE OFF Subpart F—American Fisheries Act and ALASKA Aleutian Island Directed Pollock Fish- ery Management Measures Subpart A—General 679.60 Authority and related regulations. Sec. 679.61 Formation and operation of fishery 679.1 Purpose and scope. cooperatives. 679.2 Definitions. 679.62 Inshore sector cooperative allocation 679.3 Relation to other laws. program. 679.4 Permits. 679.63 Catch weighing requirements for ves- 679.5 Recordkeeping and reporting. sels and processors. 679.6 Exempted fisheries. 679.64 Harvesting sideboard limits in other 679.7 Prohibitions. fisheries. 679.8 Facilitation of enforcement. 679.65 Bering Sea Chinook Salmon Bycatch 679.9 Penalties. Management Program Economic Data Report (Chinook salmon EDR program). Subpart B—Management Measures 679.66 AFA cost recovery. 679.20 General limitations. 679.67 Aleutian Islands pollock cost recovery. 679.21 Prohibited species bycatch management. 679.22 Closures. Subpart G—Rockfish Program 679.23 Seasons. 679.80 Allocation and transfer of rockfish 679.24 Gear limitations. QS. 679.25 Inseason adjustments. 679.81 Rockfish Program annual harvester 679.26 Prohibited Species Donation Pro- privileges. gram. 679.82 Rockfish Program use caps and 679.27 Improved Retention/Improved Utili- sideboard limits. zation Program. 679.83 Rockfish Program entry level 679.28 Equipment and operational require- longline fishery. ments. 679.84 Rockfish Program recordkeeping, permits, monitoring, and catch account- Subpart C—Western Alaska Community ing. Development Quota Program 679.85 Cost recovery. 679.30 [Reserved] 679.31 CDQ and PSQ reserves, allocations, Subpart H—Amendment 80 Program and transfers. 679.90 Allocation, use, and transfer of 679.32 Groundfish and halibut CDQ catch Amendment 80 QS permits. monitoring. 679.91 Amendment 80 Program annual har- 679.33 CDQ cost recovery. vester privileges. Subpart D—Individual Fishing Quota 679.92 Amendment 80 Program use caps and sideboard limits. Management Measures 679.93 Amendment 80 Program record- 679.40 Sablefish and halibut QS. keeping, permits, monitoring, and catch 679.41 Transfer of quota shares and IFQ. accounting. 679.42 Limitations on use of QS and IFQ. 679.94 Economic data report (EDR) for the 679.43 Determinations and appeals. Amendment 80 sector and Gulf of Alaska 679.44 Penalties. Trawl Catcher/Processors. 679.45 IFQ cost recovery program. 679.95 Amendment 80 Program cost recovery. Subpart E—North Pacific Observer Program Subpart I—Equipment and Operational Re- 679.50 Applicability. quirements for the Longline Catcher/ 679.51 Observer and Electronic Monitoring Processor Subsector System requirements for vessels and plants. 679.100 Applicability. 679.52 Observer provider permitting and responsibilities. Subpart J—Gulf of Alaska Trawl Economic 679.53 Observer certification and respon- Data sibilities. 679.54 Release of observer data to the pub- 679.110 Gulf of Alaska Trawl Economic Data lic. Reports (EDRs).

504

VerDate Sep<11>2014 13:14 Jun 25, 2021 Jkt 250247 PO 00000 Frm 00514 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB