§ 665.622 50 CFR Ch. VI (10–1–14 Edition)

English common name Scientific name

butterfly ...... Chaetodontidae. Angelfishes ...... Pomacanthidae. Damselfishes ...... Pomacentridae. Scorpionfishes ...... . 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 ...... Heliopora. organpipe corals ...... Tubipora. ahermatypic corals ...... Azooxanthellates. mushroom corals ...... Fungiidae. small and large polyps ...... fire corals ...... Millepora. soft corals, gorgonians ...... Anemones ...... Actinaria. soft zoanthid corals ...... Zoanthinaria. Hydrozoans, Bryzoans. sea squirts ...... Tunicates. sea cucumbers and sea urchins ...... Echinoderms. Those species not listed as CHCRT ...... Mollusca. sea snails ...... Gastropoda. Trochus. sea slugs ...... Opistobranchs. black lipped pearl oyster ...... Pinctada margaritifera. giant clam ...... Tridacnidae. other clams ...... Other Bivalves. Cephalopods. lobsters, shrimps/mantis shrimps, true crabs and hermit crabs . (Those species not listed as CMUS) ...... Sponges ...... Porifera. lace corals ...... Stylasteridae. hydroid corals ...... Solanderidae. segmented worms ...... Annelids. Seaweed ...... Algae. Live rock.

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

§ 665.622 [Reserved] § 665.624 Permits and fees. (a) Unless otherwise § 665.623 Relation to other laws. Applicability. specified in this subpart, § 665.13 applies To ensure consistency between the to coral reef ecosystem permits. management regimes of different Fed- (1) Special permit. Any person of the eral agencies with shared management United States fishing for, taking or re- responsibilities of fishery resources taining PRIA coral reef ecosystem within the PRIA fishery management MUS must have a special permit if area, fishing for PRIA coral reef eco- they, or a vessel which they operate, is system MUS is not allowed within the used to for any: boundary of a National Wildlife Refuge (i) [Reserved] unless specifically authorized by the (ii) PRIA Potentially Harvested USFWS, regardless of whether that ref- Coral Reef Taxa in the PRIA coral reef uge was established by action of the ecosystem management area; or President or the Secretary of the Inte- rior.

430 Fishery Conservation and Management § 665.624

(iii) PRIA Coral reef ecosystem MUS a description of the planned fishing op- in the PRIA coral reef ecosystem man- eration, including location of fishing agement area with any gear not spe- and gear operation, amount and species cifically allowed in this subpart. (directed and incidental) expected to be (2) Transshipment permit. A receiving harvested and estimated habitat and vessel must be registered for use with a protected species impacts). transshipment permit if that vessel is (2) Incomplete applications. The Re- used in the PRIA coral reef ecosystem gional Administrator may request from management area to land or transship an applicant additional information PRIA PHCRT, or any PRIA coral reef necessary to make the determinations ecosystem MUS harvested within low- required under this section. An appli- use MPAs. cant will be notified of an incomplete (3) Exceptions. The following persons application within 10 working days of are not required to have a permit under receipt of the application. An incom- this section: plete application will not be considered (i) Any person issued a permit to fish until corrected and completed in writ- under any FEP who incidentally ing. catches PRIA coral reef ecosystem (3) Issuance. (i) If an application con- MUS while fishing for bottomfish MUS, tains all of the required information, crustacean MUS, western Pacific pe- the Regional Administrator will for- lagic MUS, precious coral, or seamount ward copies of the application within 30 groundfish. days to the Council, the USCG, the (ii) Any person fishing for PRIA fishery management agency of the af- CHCRT outside of an MPA, who does fected state, and other interested par- not retain any incidentally caught ties who have identified themselves to PRIA PHCRT. the Council, and the USFWS. (iii) Any person collecting marine or- (ii) Within 60 days following receipt ganisms for scientific research as de- of a complete application, the Regional scribed in § 665.17, or § 600.745 of this Administrator will consult with the chapter. Council through its Executive Direc- (b) Each permit will be valid Validity. tor, USFWS, and the Director of the af- for fishing only in the fishery manage- fected state fishery management agen- ment area specified on the permit. cy concerning the permit application (c) General re- General requirements. and will receive their recommenda- quirements governing application in- tions for approval or disapproval of the formation, issuance, fees, expiration, application based on: replacement, transfer, alteration, dis- play, sanctions, and appeals for per- (A) Information provided by the ap- mits are contained in § 665.13. plicant; (d) Special permit. The Regional Ad- (B) The current domestic annual har- ministrator shall issue a special permit vesting and processing capacity of the in accordance with the criteria and directed and incidental species for procedures specified in this section. which a special permit is being re- (1) Application. An applicant for a quested; special or transshipment permit issued (C) The current status of resources to under this section must complete and be harvested in relation to the over- submit to the Regional Administrator fishing definition in the FEP; 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:

431 § 665.624 50 CFR Ch. VI (10–1–14 Edition)

(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: gional Administrator to the Council for (A) The maximum amount of each re- the rejection. source that can be harvested and land- (iv) If the Regional Administrator ed during the term of the special per- does not receive a recommendation mit, including trip limits, where appro- from the Council within 60 days of priate. Council receipt of the permit applica- (B) The times and places where fish- tion, the Regional Administrator can ing may be conducted. make a determination of approval or (C) The type, size, and amount of denial independently. gear which may be used by each vessel (v) Within 30 working days after the operated under the special permit. consultation in paragraph (d)(3)(ii) of (D) Data reporting requirements. this section, or as soon as practicable (E) Such other conditions as may be thereafter, NMFS will notify the appli- necessary to ensure compliance with cant in writing of the decision to grant the purposes of the special permit con- or deny the special permit and, if de- sistent with the objectives of the FEP. nied, the reasons for the denial. (4) Appeals of permit actions. Grounds for denial of a special permit (i) Except as provided in subpart D of include the following: 15 CFR part 904, any applicant for a (A) The applicant has failed to dis- permit or a permit holder may appeal close material information required, or the granting, denial, conditioning, or has made false statements as to any suspension of their permit or a permit material fact, in connection with his or affecting their interests to the Re- her application. gional Administrator. In order to be (B) According to the best scientific considered by the Regional Adminis- information available, the directed or trator, such appeal must be in writing, incidental catch in the season or loca- must state the action(s) appealed, and tion specified under the permit would the reasons therefore, and must be sub- detrimentally affect any coral reef re- mitted within 30 days of the original source or coral reef ecosystem in a sig- action(s) by the Regional Adminis- nificant way, including, but not lim- trator. The appellant may request an ited to issues related to, spawning informal hearing on the appeal. grounds or seasons, protected species (ii) Upon receipt of an appeal author- interactions, EFH, and habitat areas of ized by this section, the Regional Ad- particular concern (HAPC). ministrator will notify the permit ap- (C) Issuance of the special permit plicant, or permit holder as appro- would inequitably allocate fishing priate, and will request such additional privileges among domestic fishermen information and in such form as will or would have economic allocation as allow action upon the appeal. Upon re- its sole purpose. ceipt of sufficient information, the Re- (D) The method or amount of harvest gional Administrator will rule on the in the season and/or location stated on appeal in accordance with the permit the permit is considered inappropriate eligibility criteria set forth in this sec- based on previous human or natural tion and the FEP, as appropriate, based impacts in the given area. upon information relative to the appli- (E) NMFS has determined that the cation on file at NMFS and the Council maximum number of permits for a and any additional information, the given area in a given season has been summary record kept of any hearing reached and allocating additional per- and the hearing officer’s recommended

432 Fishery Conservation and Management § 665.627 decision, if any, and such other consid- § 665.625 Prohibitions. erations as deemed appropriate. The In addition to the general prohibi- Regional Administrator will notify all tions specified in § 600.725 of this chap- interested persons of the decision, and ter and § 665.15, it is unlawful for any the reasons therefor, in writing, nor- person to do any of the following: mally within 30 days of the receipt of (a) [Reserved] sufficient information, unless addi- (b) Fish for, take, or retain any PRIA tional time is needed for a hearing. coral reef ecosystem MUS species: (iii) If a hearing is requested, or if (1) That is determined overfished the Regional Administrator determines with subsequent rulemaking by the Re- that one is appropriate, the Regional gional Administrator. Administrator may grant an informal (2) By means of gear or methods pro- hearing before a hearing officer des- hibited under § 665.627. ignated for that purpose after first giv- (3) [Reserved] ing notice of the time, place, and sub- (4) In violation of any permit issued ject matter of the hearing in the FED- under §§ 665.13 or 665.624. ERAL REGISTER. Such a hearing shall (c) Fish for, take, or retain any wild normally be held no later than 30 days live rock or live hard coral except following publication of the notice in under a valid special permit for sci- the FEDERAL REGISTER, unless the entific research, aquaculture seed hearing officer extends the time for stock collection or traditional and cer- emonial purposes by indigenous people. reasons deemed equitable. The appel- lant, the applicant (if different), and, [75 FR 2205, Jan. 14, 2010, as amended at 78 at the discretion of the hearing officer, FR 33003, June 3, 2013] other interested parties, may appear § 665.626 Notifications. personally and/or be represented by counsel at the hearing and submit in- Any special permit holder subject to formation and present arguments as the requirements of this subpart must determined appropriate by the hearing contact the appropriate NMFS enforce- officer. Within 30 days of the last day ment agent in American Samoa, Guam, of the hearing, the hearing officer shall or Hawaii at least 24 hours before land- recommend in writing a decision to the ing any PRIA coral reef ecosystem MUS unit species harvested under a Regional Administrator. special permit, and report the port and (iv) The Regional Administrator may the approximate date and time at adopt the hearing officer’s rec- which the catch will be landed. ommended decision, in whole or in part, or may reject or modify it. In any § 665.627 Allowable gear and gear re- event, the Regional Administrator strictions. shall notify interested persons of the (a) Coral reef ecosystem MUS may be decision, and the reason(s) therefore, in taken only with the following allow- writing, within 30 days of receipt of the able gear and methods: hearing officer’s recommended deci- (1) Hand harvest; sion. The Regional Administrator’s ac- (2) Spear; tion constitutes final action for the (3) Slurp gun; agency for the purposes of the Admin- (4) Hand net/dip net; istrative Procedure Act. (5) Hoop net for Kona crab; (5) The Regional Administrator may, (6) Throw net; for good cause, extend any time limit (7) Barrier net; prescribed in this section for a period (8) Surround/purse net that is at- not to exceed 30 days, either upon his tended at all times; or her own motion or upon written re- (9) Hook-and-line (includes handline quest from the Council, appellant or (powered or not), rod-and-reel, and applicant stating the reason(s) there- trolling); (10) Crab and fish traps with vessel ID fore. number affixed; and [75 FR 2205, Jan. 14, 2010, as amended at 78 (11) Remote-operating vehicles/ FR 33003, June 3, 2013] submersibles.

433