E9-30972. Western Pacific Fisheries; Regulatory Restructuring

AGENCY:

National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

ACTION:

Final rule.

SUMMARY:

This final rule restructures western Pacific fishery regulations to be consistent with five new area-specific fishery ecosystem plans (FEP). This final rule also amends references to the Paperwork Reduction Act (PRA) information collection requirements to reflect the restructuring. The purpose of this rule is to make the regulations easier for the public to use by organizing existing fishing regulations by geographic location.

DATES:

This final rule is effective February 16, 2010.

ADDRESSES:

Copies of the five FEPs (American Samoa, Hawaii, Mariana Archipelago, Pacific Remote Island Areas, and Western Pacific Pelagics), and the Final Programmatic Environmental Impact Statement (PEIS) that was prepared for the FEPs and regulatory restructuring are available from the Western Pacific Fishery Management Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808-522-8220, fax 808-522-8226, or http://www.wpcouncil.org.

Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this final rule may be submitted to William L. Robinson, NMFS PIR, 1601 Kapiolani Blvd. Suite 1110, Honolulu, HI 96814, and by e-mail to David_Rostker@omb.eop.gov or fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT:

Brett Wiedoff, NMFS PIR, 808-944-2272.

SUPPLEMENTARY INFORMATION:

This Federal Register document is also accessible at http://www.gpoaccess.gov/fr.

In December 2009, the Secretary of Commerce approved the five western Pacific FEPs. This final rule restructures western Pacific fishery regulations to be consistent with the FEP organization, making the regulations easier to use for fishermen, managers, and the general public. No substantive changes are made to the regulations. Several definitions are added to reference the FEPs, some sections are redesignated and revised to reflect each geographic area, several errors are corrected, and administrative titles and telephone numbers are updated.

This final rule redesignates old subparts A (General) and B (Western Pacific Fisheries-General) of 50 CFR part 665 as new subpart A (General). Old Subpart C (Western Pacific Pelagic Fisheries) is redesignated as new subpart F (Western Pacific Pelagic Fisheries). Old subparts D (Western Pacific Crustacean Fisheries), E (Bottomfish and Seamount Groundfish Fisheries), F (Precious Coral Fisheries), and G (Western Pacific Coral Reef Ecosystem Fisheries) are redesignated as B (American Samoa Fisheries), C (Hawaii Fisheries), D (Mariana Archipelago Fisheries), and E (Pacific Remote Island Area Fisheries). Each of these new geographic subparts identifies the management unit species (MUS) managed under the FEPs, as well as area restrictions within the management area. Each subpart is also organized by fishery. Fishery-specific regulations are redesignated and revised to reflect the correct cross-referenced sections and FEP naming conventions for the respective fishery sections in each of the four archipelagic ecosystem subparts.

This final rule redesignates regulations that define the fishery management process as new section 50 CFR 665.18, Framework Measures, in subpart A. This rule also corrects inadvertent errors in 50 CFR part 665 relating to cross-referenced section citations, and it updates several administrative names and contact information.

In a final rule published on December 12, 2008, (73 FR 75615) paragraphs (o) through (u) in old § 665.22 were redesignated as paragraphs (m) through (s) in § 665.15. That redesignation should also have included old § 665.22(n). This final rule corrects the error.

This final rule also corrects an error related to sea turtle mitigation measures. On March 28, 2000, NMFS published a final rule that implemented several measures intended to mitigate injuries to sea turtles by the Hawaii pelagic longline fishery, including requirements to carry and use line clippers, dip nets, and dehookers (65 FR 16346). In a subsequent final rule published on November 15, 2005, relating to sea turtle mitigation measures (70 FR 69282), the regulations relating to line clippers in § 665.32 were inadvertently omitted. This final rule corrects the error in new § 665.812.

In the definition of western Pacific pelagic MUS, the spelling of the scientific names for the pelagic thresher shark and yellowfin tuna are corrected, and the scientific name of the bigeye thresher shark is revised to include the species, which was inadvertently omitted from the definition. The scientific names of a Hawaii black coral and the pelagic armorhead are also updated.

This final rule also corrects current regulations to reflect that certain provisions have been superseded. In old 50 CFR 665.22 (new § 668.802), paragraph (gg) prohibits Hawaii shallow-set longline fishing north of the Equator with hooks other than offset circle hooks sized 18/0 or larger with a 10 degree offset. This paragraph is superseded by paragraph (jj), which prohibits such fishing from any western Pacific longline vessel. Similarly, in old 50 CFR 665.22, paragraph (hh) prohibits Hawaii shallow-set longline fishing north of the Equator with bait other than mackerel-type bait. This provision is superseded by paragraph (kk), which prohibits such fishing from any western Pacific longline vessel. In old 50 CFR 665.22, paragraph (dd) prohibits owning or operating any western Pacific longline vessel without having on board a valid protected species workshop certificate issued by NMFS; paragraph (ll) applies that prohibition only to Hawaii longline operators, a subset of those covered in paragraph (dd). In old 50 CFR 665.22, paragraph (aa) prohibits operating a vessel under a longline limited access permit for American Samoa or Hawaii without complying with sea turtle handling requirements. This paragraph is superseded by paragraph (ii), which requires a vessel registered for use under any pelagic fishing permit to comply with sea turtle handling requirements. Thus, paragraphs (aa), (gg), (hh), and (ll) are removed.

A technical clarification in old 50 CFR 665.72(d) (new § 665.211(d)) revises the exception to the possession of Hawaii Restricted Bottomfish Species after the total allowable catch limit is reached.

This final rule adds or revises several definitions to be consistent with the FEPs and restructured regulations, corrects errors in cross referencing, removes duplicative text, adds geographic information, and corrects inadvertent omissions. A technical clarification at § 665.12 removes the Start Printed Page 2199definition for “Bottomfish management area” and “Lobster closed area” as these terms are artifacts from old regulations and are not currently used in part 665.

This final rule removes a duplicate requirement for fishermen to complete a short-tailed albatross recovery data form. In old § 665.35(b), paragraph (8) was inadvertently duplicated by paragraph (12). This final rule corrects the error by removing the redundant paragraph.

In a previous regulatory restructuring (71 FR 17985, April 10, 2006), the regulations were redesignated section-by-section from old 50 CFR part 660 to new 50 CFR part 665. In the resulting regulations, artifact cross-references to part 660 remain, and these are corrected in this final rule. Also, in § 665.1(c), the cross-reference to 50 CFR part 600 subpart N was inadvertently changed to incorrectly reference 50 CFR part 665. This error is also corrected.

The following table lists the distribution of the subparts and sections in 50 CFR part 665 in this restructuring:

Old section	New section
Subpart A—General	Subpart A—General
§ 665.1 Purpose and scope	§ 665.1 Purpose and scope.
§ 665.2 Relation to other laws	§ 665.2 Relation to other laws.
§ 665.3 Reporting and recordkeeping	§ 665.14 Reporting and recordkeeping.
§ 665.4 Licensing and registration	§ 665.3 Licensing and registration.
Subpart B—Western Pacific Fisheries—General	Subpart B—American Samoa Fisheries
§ 665.11 Purpose and scope	§ 665.1 Purpose and scope.
§ 665.12 Definitions	§ 665.12 Definitions.
	§ 665.101 Definitions. (American Samoa)
	§ 665.121 Definitions. (American Samoa)
	§ 665.141 Definitions. (American Samoa)
	§ 665.161 Definitions. (American Samoa)
	§ 665.201 Definitions. (Hawaii)
	§ 665.221 Definitions. (Hawaii)
	§ 665.241 Definitions. (Hawaii)
	§ 665.261 Definitions. (Hawaii)
	§ 665.401 Definitions. (Marianas)
	§ 665.421 Definitions. (Marianas)
	§ 665.441 Definitions. (Marianas)
	§ 665.461 Definitions. (Marianas)
	§ 665.601 Definitions. (PRIA)
	§ 665.621 Definitions. (PRIA)
	§ 665.641 Definitions. (PRIA)
	§ 665.661 Definitions. (PRIA)
	§ 665.800 Definitions. (Western Pacific Pelagic)
§ 665.13 Permits and fees	§ 665.13 Permits and fees.
§ 665.14 Reporting and recordkeeping	§ 665.14 Reporting and recordkeeping.
§ 665.15 Prohibitions	§ 665.15 Prohibitions.
§ 665.16 Vessel identification	§ 665.16 Vessel identification.
§ 665.17 Experimental fishing	§ 665.17 Experimental fishing.
§ 665.18 Area restrictions	§ 665.99 Area restrictions. (American Samoa)
	§ 665.199 Area restrictions. (Hawaii)
	§ 665.399 Area restrictions. (Marianas)
	§ 665.599 Area Restrictions. (PRIA)
§ 665.19 Vessel monitoring system	§ 665.19 Vessel monitoring system.
Subpart C—Western Pacific Pelagic Fisheries	Subpart C—Hawaii Fisheries
§ 665.21 Permits	§ 665.801 Permits.
§ 665.22 Prohibitions	§ 665.802 Prohibitions.
§ 665.23 Notifications	§ 665.803 Notifications.
§ 665.24 Gear identification	§ 665.804 Gear identification.
§ 665.26 Longline fishing prohibited area management	§ 665.806 Longline fishing prohibited area management.
§ 665.27 Exemptions for longline fishing prohibited areas; procedures	§ 665.807 Exemptions for longline fishing prohibited areas; procedures.
§ 665.28 Conditions for at-sea observer coverage	§ 665.808 Conditions for at-sea observer coverage.
§ 665.29 Port privileges and transiting for unpermitted U.S. longline vessels	§ 665.809 Port privileges and transiting for unpermitted U.S. longline vessels.
§ 665.30 Prohibition of drift gillnetting	§ 665.810 Prohibition of drift gillnetting.
§ 665.31 Framework adjustments to management measures	§ 665.18 Framework adjustments to management measures.
§ 665.32 Sea turtle take mitigation measures	§ 665.812 Sea turtle take mitigation measures.
§ 665.33 Western Pacific longline fishing restrictions	§ 665.813 Western Pacific longline fishing restrictions.
§ 665.34 Protected species workshop	§ 665.814 Protected species workshop.
§ 665.35 Pelagic longline seabird mitigation measures	§ 665.815 Pelagic longline seabird mitigation measures.
§ 665.36 American Samoa longline limited entry program	§ 665.816 American Samoa longline limited entry program.
§ 665.37 American Samoa pelagic fishery area management	§ 665.817 American Samoa pelagic fishery area management.
Start Printed Page 2200
§ 665.38 Exemptions for American Samoa large vessel prohibited areas	§ 665.818 Exemptions for American Samoa large vessel prohibited areas.
Subpart D—Western Pacific Crustacean Fisheries	Subpart D—Mariana Archipelago Fisheries
§ 665.41 Permits	§ 665.142 Permits. (American Samoa)
	§ 665.242 Permits. (Hawaii)
	§ 665.442 Permits. (Marianas)
	§ 665.642 Permits. (PRIA)
§ 665.42 Prohibitions	§ 665.143 Prohibitions. (American Samoa)
	§ 665.243 Prohibitions. (Hawaii)
	§ 665.443 Prohibitions. (Marianas)
	§ 665.643 Prohibitions. (PRIA)
§ 665.43 Notifications	§ 665.144 Notifications. (American Samoa)
	§ 665.244 Notifications. (Hawaii)
	§ 665.444 Notifications. (Marianas)
	§ 665.644 Notifications. (PRIA)
§ 665.44 Lobster size and condition restrictions—Permit Area 2	§ 665.249 Lobster size and condition restrictions—Permit Area 2.
§ 665.45 Closed seasons	§ 665.250 Closed seasons.
§ 665.46 Closed areas	§ 665.251 Closed areas.
§ 665.47 Gear identification	§ 665.246 Gear identification.
§ 665.48 Gear restrictions	§ 665.245 Gear restrictions.
§ 665.49 At-sea observer coverage	§ 665.145 At-sea observer coverage. (American Samoa)
	§ 665.247 At-sea observer coverage. (Hawaii)
	§ 665.445 At-sea observer coverage. (Marianas)
	§ 665.645 At-sea observer coverage. (PRIA)
§ 665.50 Harvest limitation program	§ 665.252 Harvest limitation program.
§ 665.51 Monk seal protective measures § 665.52 Monk seal emergency protective measures.	§ 665.248 Monk seal protective measures.
§ 665.53 Framework procedures § 665.54 Five-year review	§ 665.18 Framework adjustments to management measures.
Subpart E—Bottomfish and Seamount Groundfish Fisheries	Subpart E—Pacific Remote Island Area Fisheries.
§ 665.61 Permits.	§ 665.203 Permits. (Hawaii)
	§ 665.404 Permits. (Marianas)
	§ 665.603 Permits. (PRIA)
§ 665.62 Prohibitions	§ 665.103 Prohibitions. (American Samoa)
	§ 665.204 Prohibitions. (Hawaii)
	§ 665.405 Prohibitions. (Marianas)
	§ 665.604 Prohibitions. (PRIA)
§ 665.63 Notification	§ 665.205 Notification. (Hawaii)
§ 665.64 Gear restrictions	§ 665.104 Gear restrictions. (American Samoa)
	§ 665.206 Gear Restrictions. (Hawaii)
	§ 665.406 Gear restrictions. (Marianas)
	§ 665.605 Gear restrictions. (PRIA)
§ 665.65 At-sea observer coverage	§ 665.105 At-sea observer coverage. (American Samoa)
	§ 665.207 At-sea observer coverage. (Hawaii)
	§ 665.407 At-sea observer coverage. (Marianas)
	§ 665.606 At-sea observer coverage. (PRIA)
§ 665.66 Protected species conservation	§ 665.208 Protected species conservation.
§ 665.67 Framework for regulatory adjustments	§ 665.18 Framework adjustments to management measures.
§ 665.68 Fishing moratorium on Hancock Seamount	§ 665.209 Fishing moratorium on Hancock Seamount.
§ 665.69 Management subareas	§ 665.98 Management area. (American Samoa)
	§ 665.198 Management areas. (Hawaii)
	§ 665.202 Management subareas. (Hawaii)
	§ 665.398 Management areas. (Marianas)
	§ 665.402 Management subareas. (Marianas)
	§ 665.598 Management area. (PRIA)
§ 665.70 Bottomfish fishery area management	§ 665.403 Bottomfish fishery area management.
§ 665.71 Hawaii restricted bottomfish species	§ 665.210 Hawaii restricted bottomfish species.
§ 665.72 Total Allowable Catch (TAC) limit	§ 665.211 Total Allowable Catch (TAC) limit.
§ 665.73 Non-commercial bag limits	§ 665.212 Non-commercial bag limits.
Subpart F—Precious Corals Fisheries	Subpart F—Western Pacific Pelagic Fisheries
§ 665.81 Permits	§ 665.162 Permits. (American Samoa)
	§ 665.262 Permits. (Hawaii)
	§ 665.462 Permits. (Marianas)
	§ 665.662 Permits. (PRIA)
§ 665.82 Prohibitions	§ 665.163 Prohibitions. (American Samoa)
Start Printed Page 2201
	§ 665.263 Prohibitions. (Hawaii)
	§ 665.463 Prohibitions. (Marianas)
	§ 665.663 Prohibitions. (PRIA)
§ 665.83 Seasons	§ 665.168 Seasons. (American Samoa)
	§ 665.267 Seasons. (Hawaii)
	§ 665.468 Seasons. (Marianas)
	§ 665.668 Seasons. (PRIA)
§ 665.84 Quotas	§ 665.167 Quotas. (American Samoa)
	§ 665.269 Quotas. (Hawaii)
	§ 665.467 Quotas. (Marianas)
	§ 665.667 Quotas. (PRIA)
§ 665.85 Closures	§ 665.166 Closures. (American Samoa)
	§ 665.268 Closures. (Hawaii)
	§ 665.466 Closures. (Marianas)
	§ 665.666 Closures. (PRIA)
§ 665.86 Size restrictions	§ 665.165 Size restrictions. (American Samoa)
	§ 665.265 Size restrictions. (Hawaii)
	§ 665.465 Size restrictions. (Marianas)
	§ 665.665 Size restrictions. (PRIA)
§ 665.87 Area restrictions	§ 665.266 Area restrictions. (Hawaii)
§ 665.88 Gear restrictions	§ 665.164 Gear restrictions, (American Samoa)
	§ 665.264 Gear restrictions. (Hawaii)
	§ 665.464 Gear restrictions. (Marianas)
	§ 665.664 Gear restrictions. (PRIA)
§ 665.89 Framework procedures	§ 665.18 Framework adjustments to management measures.
§ 665.90 Gold coral harvest moratorium	§ 665.169 Gold coral harvest moratorium. (American Samoa)
	§ 665.270 Gold coral harvest moratorium. (Hawaii)
	§ 665.469 Gold coral harvest moratorium. (Marianas)
	§ 665.669 Gold coral harvest moratorium. (PRIA)
Subpart G—Western Pacific Coral Reef Ecosystem Fisheries	None
§ 665.601 Relation to other laws	§ 665.123 Relation to other laws. (American Samoa)
	§ 665.223 Relation to other laws. (Hawaii)
	§ 665.423 Relation to other laws. (Marianas)
	§ 665.623 Relation to other laws. (PRIA)
§ 665.602 Permits and fees	§ 665.124 Permits and Fees. (American Samoa)
	§ 665.224 Permits and Fees. (Hawaii)
	§ 665.424 Permits and Fees. (Marianas)
	§ 665.624 Permits and Fees. (PRIA)
§ 665.603 Prohibitions	§ 665.125 Prohibitions. (American Samoa)
	§ 665.225 Prohibitions. (Hawaii)
	§ 665.425 Prohibitions. (Marianas)
	§ 665.625 Prohibitions. (PRIA)
§ 665.604 Notifications	§ 665.126 Notifications. (American Samoa)
	§ 665.226 Notifications. (Hawaii)
	§ 665.426 Notifications. (Marianas)
	§ 665.626 Notifications. (PRIA)
§ 665.605 Allowable gear and gear restrictions	§ 665.127 Allowable gear and gear restrictions. (American Samoa)
	§ 665.227 Allowable gear and gear restrictions. (Hawaii)
	§ 665.427 Allowable gear and gear restrictions. (Marianas)
	§ 665.627 Allowable gear and gear restrictions. (PRIA)
§ 665.606 Gear identification	§ 665.128 Gear identification. (American Samoa)
	§ 665.228 Gear identification. (Hawaii)
	§ 665.428 Gear identification. (Marianas)
	§ 665.628 Gear identification. (PRIA)
§ 665.607 Framework for regulatory adjustments	§ 665.18 Framework for regulatory adjustments.
§ 665.608 Regulatory area	§ 665.98 Management area. (American Samoa)
	§ 665.222 Management area. (Hawaii)
	§ 665.422 Management area. (Marianas)
	§ 665.598 Management area. (PRIA)
§ 665.609 Annual reports	§ 665.18 Framework for regulatory adjustments.
Table 1 to Part 665—Quotas for Precious Corals Permit Areas	§ 665.167 Quotas. (American Samoa)
	§ 665.269 Quotas. (Hawaii)
	§ 665.467 Quotas. (Marianas)
	§ 665.667 Quotas. (PRIA)
Table 2 to Part 665—Currently Harvested Coral Reef Taxa	§ 665.121 Definitions. (American Samoa)
	§ 665.221 Definitions. (Hawaii)
	§ 665.421 Definitions. (Marianas)
	§ 665.621 Definitions. (PRIA)
Table 3 to Part 665—Potentially Harvested Coral Reef Taxa	§ 665.121 Definitions. (American Samoa)
Start Printed Page 2202
	§ 665.221 Definitions. (Hawaii)
	§ 665.421 Definitions. (Marianas)
	§ 665.621 Definitions. (PRIA)
Figure 1 to Part 665—Carapace Length of Lobsters	Figure 1 to Part 665—Carapace Length of Lobsters
Figure 2 to Part 665—Length of Fishing Vessel	Figure 2 to Part 665—Length of Fishing Vessel
None	Figure 3 to Part 665—Sample Fabricated Arceneaux Line Clipper
None	§ 665.100 American Samoa Bottomfish and Seamount Groundfish Fisheries.
	§ 665.120 American Samoa Coral Reef Ecosystem Fisheries.
	§ 665.140 American Samoa Crustacean Fisheries.
	§ 665.160 American Samoa Precious Coral Fisheries.
None	§ 665.200 Hawaii Bottomfish and Seamount Groundfish Fisheries.
	§ 665.220 Hawaii Coral Reef Ecosystem Fisheries.
	§ 665.240 Hawaii Crustacean Fisheries.
	§ 665.260 Hawaii Precious Coral Fisheries.
None	§ 665.400 Mariana Bottomfish and Seamount Groundfish Fisheries.
	§ 665.420 Mariana Coral Reef Ecosystem Fisheries.
	§ 665.440 Mariana Crustacean Fisheries.
	§ 665.460 Mariana Precious Coral Fisheries.
None	§ 665.600 PRIA Bottomfish and Seamount Groundfish Fisheries.
	§ 665.620 PRIA Coral Reef Ecosystem Fisheries.
	§ 665.640 PRIA Crustacean Fisheries.
	§ 665.660 PRIA Precious Coral Fisheries.
None	§ 665.798 Management Area. (Western Pacific Pelagic)

Revisions to Paperwork Reduction Act (PRA) References

Section 3507 of the PRA requires that agencies inventory and display a current control number assigned by the Director, OMB, for each agency information collection, and 15 CFR 902.1(b) identifies the location of NOAA regulations for which OMB approvals have been issued. Because this final rule codifies recordkeeping and reporting requirements, 15 CFR 902.1(b) is revised to correctly reference the new sections resulting from the reorganization.

The following table lists the derivation of the NOAA PRA approvals for regulatory requirements in 50 CFR part 665:

Old section	New section	OMB Control No.
§ 665.13 Permits and fees	§ 665.13 Permits and fees	0648-0463, -0490, -0577, -0584, -0586, and -0589.
§ 665.14 Reporting and recordkeeping	§ 665.14 Reporting and recordkeeping	0648-0214, -0462, -0577, -0584, -0586, and -0589.
§ 665.16 Vessel identification	§ 665.16 Vessel identification	0648-0361, -0584, -0586, and -0589.
§ 665.17 Experimental fishing	§ 665.17 Experimental fishing	0648-0214 and -0490.
§ 665.19 Vessel monitoring system	§ 665.19 Vessel monitoring system	0648-0441, -0519, and -0584.
§ 665.21(l) Permits; Hawaii longline limited access permit	§ 665.801 Permits	0648-0490.
§ 665.21(g) Permits; squid jig	§ 665.801(g)	0648-0589.
§ 665.23 Notifications	§ 665.803 Notifications	0648-0214.
§ 665.24 Gear identification	§ 665.804 Gear identification	0648-0360.
§ 665.27 Exemptions for longline fishing prohibited areas; procedures	§ 665.807 Exemptions for longline fishing prohibited areas; procedures	0648-0490.
§ 665.28 Conditions for at-sea observer coverage	§ 665.808 Conditions for at-sea observer coverage	0648-0214.
§ 665.35 Pelagic longline seabird mitigation measures	§ 665.815 Pelagic longline seabird mitigation measures	0648-0456.
§ 665.41 Permits	§ 665.142 Permits. § 665.242 Permits. § 665.442 Permits. § 665.642 Permits.	0648-0490 and -0586.
§ 665.43 Notifications	§ 665.144 Notifications § 665.244 Notifications. § 665.444 Notifications. § 665.644 Notifications.	0648-0214.
§ 665.47 Gear identification	§ 665.246 Gear identification	0648-0360.
§ 665.49 At-sea observer coverage	§ 665.145 At-sea observer coverage § 665.247 At-sea observer coverage. § 665.445 At-sea observer coverage. § 665.645 At-sea observer coverage	0648-0214.
§ 665.61 Permits	§ 665.203 Permits § 665.404 Permits. § 665.603 Permits.	0648-0490 and -0584.
§ 665.63 Notification	§ 665.205 Notification	0648-0214.
Start Printed Page 2203
§ 665.65 At-sea observer coverage	§ 665.105 At-sea observer coverage § 665.207 At-sea observer coverage. § 665.407 At-sea observer coverage. § 665.606 At-sea observer coverage.	0648-0214.
§ 665.81 Permits	§ 665.162 Permits § 665.262 Permits. § 665.462 Permits. § 665.662 Permits.	0648-0490.
§ 665.602 Permits and Fees	§ 665.124 Permits and Fees § 665.224 Permits and Fees. § 665.424 Permits and Fees. § 665.624 Permits and Fees.	0648-0463.
§ 665.604 Notifications	§ 665.126 Notifications § 665.226 Notifications. § 665.426 Notifications.	0648-0462.
§ 665.606 Gear identification	§ 665.128 Gear identification § 665.228 Gear identification. § 665.428 Gear identification. § 665.628 Gear identification.	0648-0360.

Under NOAA Administrative Order 205-11, dated December 17, 1990, the Under Secretary for Oceans and Atmosphere has delegated authority to sign material for publication in the Federal Register to the Assistant Administrator for Fisheries, NOAA.

Additional background information on this final rule may be found in the preamble to the proposed rule, and is not repeated here.

Comments and Responses

On November 19, 2009, NMFS published a proposed rule and request for public comment (74 FR 60050). The public comment period ended on December 4, 2009. NMFS received no public comments.

Changes From the Proposed Rule

NMFS made several administrative changes to the final rule for consistency with changes implemented by a recent, separate rulemaking. On December 10, 2009, NMFS published a final rule that removed or revised several regulations for western Pacific longline fishing (74 FR 65460). In § 665.800, the definition of shallow-set certificate was removed. The prohibition against shallow-set fishing without certificates on board at § 665.802(bb) was also removed. The technical requirements for sea turtle dehookers were clarified at § 665.812(a)(7)(iii). The sea turtle mitigation requirements at § 665.812 were reorganized for clarity. Requirements of the annual shallow-set effort limitation program at § 665.813(a), (c), and (e) were removed. The annual limit on sea turtle interactions and related administrative procedures at § 665.813(b) were revised. The circle hook specifications at § 665.813(f) were clarified. This final rule updates the regulatory text to be consistent with the above changes.

In the proposed rule, NMFS indicated that it would make administrative clarifications in several cross-references to 50 CFR part 665 that are found in 50 CFR part 404 regarding the Northwestern Hawaiian Islands Marine National Monument. This is part of a joint chapter between NOAA and the U.S. Fish and Wildlife Service, and amendments to part 404 need to be issued in a rule signed by an official from both agencies. Thus, NOAA will address amendments to part 404 later in a jointly-issued rule. No changes are made to part 404 in this final rule.

Classification

The Regional Administrator, NMFS Pacific Islands Region, determined that the restructured regulations are necessary for the conservation and management of western Pacific fisheries and that they are consistent with FEPs, the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable laws.

A PEIS was prepared for the FEPs, and a Notice of Availability of the final PEIS was published on October 30, 2009 (74 FR 56194). The PEIS discusses impacts on target and non-target stocks, including bottomfish, pelagic fish, precious corals, coral reef ecosystem species, crustaceans, essential fish habitat and habitat areas of particular concern, protected species, fishery participants and communities, and administration and enforcement. This action is administrative in that it restructures existing western Pacific fishery regulations at 50 CFR part 665, and none of the alternatives, or the actions considered as part of the alternatives, change existing fisheries, or the impact of continuing activities under the respective FEPs. All of the current fisheries in the western Pacific that are managed under the FEPs have been reviewed for compliance with applicable laws. None of the actions considered result in irreversible or irretrievable commitments of resources and none results in significant or unavoidable adverse impacts.

This final rule has been determined to be not significant for purposes of Executive Order 12866.

The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not required, and none was prepared.

This final rule contains collection-of-information requirements subject to the PRA that have been approved by OMB, as follows:

1. Approved under 0648-0214, 0648-0577, 0648-0584, 0648-0586, and 0649-0589. (a) Pacific Islands Region (PIR) logbook family of forms estimated at 5 minutes (min) per reporting action; (b) pre-trip and post-landing notifications estimated at 5 min per reporting action; (c) experimental fishing reports estimated at 4 hours (hr) per reporting action; (d) sales and transshipment reports estimated at 5 min per reporting action; (e) report on gear left at sea estimated at 5 min per reporting action; (f) claims for reimbursement for lost fishing time estimated at 4 hr per claim; (g) request for pelagics area closure exemption estimated at 1 hr per request; Start Printed Page 2204and (h) observer placement meetings estimated at 1 hr per reporting action. (§§ 665.14, 665.17, 665.105, 665.144, 665.145, 665.205, 665.207, 665.244, 665.247, 665.407, 665.444, 665.445, 665.606, 665.644, 665.645, 665.803, and 665.808.)

2. Approved under 0648-0360, 0648-0361, 0648-0584, 0648-0586, and 0648-0589. PIR gear and vessel and identification estimated at 45 min to 1 hr 15 min per vessel for vessel identification and 2 min for each gear marking. (§§ 665.16, 665.128, 665.228, 665.246, 665.428, 665.628, and 665.804.)

3. Approved under 0648-0441, 0648-0519, and 0648-0584. PIR vessel monitoring system (a) installation, estimated at 4 hr per reporting action; (b) repair and maintenance, estimated at 2 hr per reporting action; and (c) hourly automated position reports, estimated at 24 sec per day. (§ 665.19.)

4. Approved under 0648-0456. PIR seabird interaction reporting (a) at-sea notification, estimated at 1 hr per reporting action; (b) reporting on recovery data form, estimated at 1 hr per reporting action; and (c) specimen tagging, estimated at 0.5 hr per reporting action. (§ 665.815.)

5. Approved under 0648-0462. PIR coral reef logbook reporting (a) at-sea notification, estimated at 3 min per reporting action; (b) logbook reporting, estimated at 0.5 hr per reporting action; and (c) transshipment reports, estimated at 15 min per reporting action. (§§ 665.14, 665.126, 665.226, and 665.426.)

6. Approved under 0648-0463. PIR coral reef special permit (a) application, estimated at 2 hr per application; and (b) special permit appeals, estimated at 3 hr per appeal. (§§ 665.124, 665.224, 665.424, and 665.624.)

7. Approved under 0648-0490, 0648-0577, 0648-0584, 0648-0586, and 0649-0589: (a) PIR permit family of forms estimated at 0.5 hr per permit action; (b) experimental fishing permits, estimated at 2 hr per application; and (c) appeals from permit actions estimated at 2 hr per permit appeal. (§§ 665.13, 665.17, 665.142, 665.162, 665.203, 665.242, 665.262, 665.404, 665.442, 665.462, 665.603, 665.642, 665.662, 665.801, and 665.807.)

Send comments regarding these burden estimates, or any other aspect of this data collection, including suggestions for reducing the burden, to William L. Robinson, NMFS PIR, 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 96814, and by e-mail to David_Rostker@omb.eop.gov or fax to 202-395-7285.

Notwithstanding any other provision of law, no person is required to respond to, nor shall a person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA unless that collection displays a currently valid OMB control number.

List of Subjects

15 CFR Part 902

Reporting and recordkeeping requirements

50 CFR Part 223

Exports
Imports
Marine mammals
Transportation

50 CFR Part 665

Administrative practice and procedure
American Samoa
Fisheries
Fishing
Guam
Hawaii
Hawaiian natives
Northern Mariana Islands
Pacific remote island areas
Reporting and recordkeeping requirements

Dated: December 23, 2009.

Samuel D. Rauch III,

Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

For the reasons set out in the preamble, 15 CFR chapter IX, 50 CFR chapter II, 50 CFR chapter IV, and 50 CFR chapter VI are amended as follows:

15 CFR CHAPTER IX

PART 902—NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

1. The authority citation for Part 902 continues to read as follows:

Authority: 44 U.S.C. 3501 et seq.

2. Amend the table in § 902.1(b) by:

a. Removing the entries and corresponding OMB numbers under 50 CFR for §§ 665.21(k), 665.23, 665.24, 665.27, 665.28, 665.35, 665.41, 665.43, 665.48, 665.61, 665.63, 665.65, 665.81, 665.602, 665.604, and 665.606.

b. Amending the table in § 902.1(b) by revising the entries for §§ 665.13, 665.14, 665.16, 665.17, and 665.19, and

c. Adding new entries and corresponding OMB numbers under 50 CFR for §§ 665.105 through 665.815.

The revisions and additions read as follows:

§ 902.1

OMB control numbers assigned pursuant to the Paperwork Reduction Act.

(b) Display.

CFR part or section where the information collection requirement is located	Current OMB control number (all numbers begin with 0648-)

* * * * * * *
50 CFR

* * * * * * *
665.13	-0463, -0490, -0577, -0584, -0586, and -0589.
665.14	-0214, -0462, -0577, -0584, -0586, and -0589.
665.16	-0361, -0584, -0586, and -0589.
665.17	-0214 and -0490.
665.19	-0441, -0519, and -0584.
665.105	-0214.
665.124	-0463.
665.126	-0462.
665.128	-0360.
665.142	-0490 and -0586.
665.144	-0214.
665.145	-0214.
665.162	-0490.
665.203	-0490 and -0577.
665.205	-0214.
665.207	-0214.
665.224	-0463.
665.226	-0462.
Start Printed Page 2205
665.228	-0360.
665.242	-0490 and -0586.
665.244	-0214.
665.246	-0360.
665.247	-0214.
665.262	-0490.
665.404	-0490 and -0584.
665.407	-0214.
665.424	-0463.
665.426	-0462.
665.428	-0360.
665.442	-0490 and -0586.
665.444	-0214.
665.445	-0214.
665.462	-0490.
665.603	-0490.
665.606	-0214.
665.624	-0463.
665.628	-0360.
665.642	-0490 and -0586.
665.644	-0214.
665.445	-0214.
665.662	-0490.
665.801	-0490 and -0589.
665.803	-0214.
665.804	-0360.
665.807	-0490.
665.808	-0214.
665.815	-0456.

* * * * * * *

50 CFR CHAPTER II

PART 223—THREATENED MARINE AND ANADROMOUS SPECIES

4. The authority citation for 50 CFR part 223 continues to read as follows:

Authority: 16 U.S.C. 1531-1543 et seq.

5. In § 223.206, revise paragraph (d)(9) introductory text to read as follows:

§ 223.206

Exceptions to prohibitions relating to sea turtles.

(d) * * *

(9) Restrictions applicable to Pacific pelagic longline vessels. In addition to the general prohibitions specified in § 600.725 of chapter VI of this title, it is unlawful for any person who is not operating under a western Pacific longline permit under § 665.801 of this title to do any of the following on the high seas of the Pacific Ocean east of 150° W. long. and north of the Equator (0° N. lat.):

50 CFR CHAPTER VI

PART 665—FISHERIES IN THE WESTERN PACIFIC

6. The authority citation for 50 CFR part 665 continues to read as follows:

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

7. Revise part 665 to read as follows:

PART 665—FISHERIES IN THE WESTERN PACIFIC

665.1: Purpose and scope.
665.2: Relation to other laws.
665.3: Licensing and registration.
665.4-665.11: [Reserved]
665.12: Definitions.
665.13: Permits and fees.
665.14: Reporting and recordkeeping.
665.15: Prohibitions.
665.16: Vessel identification.
665.17: Experimental fishing.
665.18: Framework adjustments to management measures.
665.19: Vessel monitoring system.
665.98: Management area.
665.99: Area restrictions.
665.100: American Samoa bottomfish fisheries [Reserved].
665.101: Definitions.
665.102: [Reserved]
665.103: Prohibitions.
665.104: Gear restrictions.
665.105: At-sea observer coverage.
665.106-665.119: [Reserved]
665.120: American Samoa coral reef ecosystem fisheries [Reserved].
665.121: Definitions.
665.122: [Reserved]
665.123: Relation to other laws.
665.124: Permits and fees.
665.125: Prohibitions.
665.126: Notifications.
665.127: Allowable gear and gear restrictions.
665.128: Gear identification.
665.129-665.139: [Reserved]
665.140: American Samoa crustacean fisheries [Reserved].
665.141: Definitions.
665.142: Permits.
665.143: Prohibitions.
665.144: Notifications.
665.145: At-sea observer coverage.
665.146-665.159: [Reserved]
665.160: American Samoa precious coral fisheries [Reserved].
665.161: Definitions.
665.162: Permits.
665.163: Prohibitions.
665.164: Gear restrictions.
665.165: Size restrictions.
665.166: Closures.
665.167: Quotas.
665.168: Seasons.
665.169: Gold coral harvest moratorium.
665.198: Management areas.
665.199: Area restrictions [Reserved].
665.200: Hawaii bottomfish and seamount groundfish fisheries [Reserved].
665.201: Definitions.
665.202: Management subareas.
665.203: Permits.
665.204: Prohibitions.
665.205: Notification.
665.206: Gear restrictions.
665.207: At-sea observer coverage.
665.208: Protected species conservation.
665.209: Fishing moratorium on Hancock Seamount. Start Printed Page 2206
665.210: Hawaii restricted bottomfish species.
665.211: Total Allowable Catch (TAC) limit.
665.212: Non-commercial bag limits.
665.213-665.219: [Reserved]
665.220: Hawaii coral reef ecosystem fisheries [Reserved].
665.221: Definitions.
665.222: Management area.
665.223: Relation to other laws.
665.224: Permits and fees.
665.225: Prohibitions.
665.226: Notifications.
665.227: Allowable gear and gear restrictions.
665.228: Gear identification.
665.229-665.239: [Reserved]
665.240: Hawaii crustacean fisheries [Reserved].
665.241: Definitions.
665.242: Permits.
665.243: Prohibitions.
665.244: Notifications.
665.245: Gear restrictions.
665.246: Gear identification.
665.247: At-sea observer coverage.
665.248: Monk seal protective measures.
665.249: Lobster size and condition restrictions in Permit Area 2.
665.250: Closed seasons.
665.251: Closed areas.
665.252: Harvest limitation program.
665.253-665.259: [Reserved]
665.260: Hawaii precious coral fisheries [Reserved].
665.261: Definitions.
665.262: Permits.
665.263: Prohibitions.
665.264: Gear restrictions.
665.265: Size restrictions.
665.266: Area restrictions.
665.267: Seasons.
665.268: Closures.
665.269: Quotas.
665.270: Gold coral harvest moratorium.
665.398: Management areas.
665.399: Area restrictions.
665.400: Mariana bottomfish fisheries [Reserved].
665.401: Definitions.
665.402: Management subareas.
665.403: Bottomfish fishery area management.
665.404: Permits.
665.405: Prohibitions.
665.406: Gear restrictions.
665.407: At-sea observer coverage.
665.418-665.419: [Reserved]
665.420: Mariana coral reef ecosystem fisheries [Reserved].
665.421: Definitions.
665.422: Management area.
665.423: Relation to other laws.
665.424: Permits and fees.
665.425: Prohibitions.
665.426: Notifications.
665.427: Allowable gear and gear restrictions.
665.428: Gear identification.
665.429-665.439: [Reserved]
665.440: Mariana crustacean fisheries [Reserved].
665.441: Definitions.
665.442: Permits.
665.443: Prohibitions.
665.444: Notifications.
665.445: At-sea observer coverage.
665.446-665.459: [Reserved]
665.460: Mariana precious coral fisheries [Reserved].
665.461: Definitions.
665.462: Permits.
665.463: Prohibitions.
665.464: Gear restrictions.
665.465: Size restrictions.
665.466: Closures.
665.467: Quotas.
665.468: Seasons.
665.469: Gold coral harvest moratorium.
665.598: Management area.
665.599: Area Restrictions.
665.600: PRIA bottomfish fisheries [Reserved].
665.601: Definitions.
665.602: [Reserved]
665.603: Permits.
665.604: Prohibitions.
665.605: Gear restrictions.
665.606: At-sea observer coverage.
665.607-665.619: [Reserved]
665.620: PRIA coral reef ecosystem fisheries [Reserved].
665.621: Definitions.
665.622: [Reserved]
665.623: Relation to other laws.
665.624: Permits and fees.
665.625: Prohibitions.
665.626: Notifications.
665.627: Allowable gear and gear restrictions.
665.628: Gear identification.
665.640: PRIA crustacean fisheries.
665.629-665.639: [Reserved]
665.641: Definitions.
665.642: Permits.
665.643: Prohibitions.
665.644: Notifications
665.645: At-sea observer coverage.
665.646-665.659: [Reserved]
665.660: PRIA precious coral fisheries [Reserved].
665.661: Definitions.
665.662: Permits.
665.663: Prohibitions.
665.664: Gear restrictions.
665.665: Size restrictions.
665.666: Closures.
665.667: Quotas.
665.668: Seasons.
665.669: Gold coral harvest moratorium.
665.798: Management area.
665.799: Area restrictions.
665.800: Definitions.
665.801: Permits.
665.802: Prohibitions.
665.803: Notifications.
665.804: Gear identification.
665.805: [Reserved]
665.806: Longline fishing prohibited area management.
665.807: Exemptions for longline fishing prohibited areas; procedures.
665.808: Conditions for at-sea observer coverage.
665.809: Port privileges and transiting for unpermitted U.S. longline vessels.
665.810: Prohibition of drift gillnetting.
665.811: [Reserved]
665.812: Sea turtle take mitigation measures.
665.813: Western Pacific longline fishing restrictions.
665.814: Protected species workshop.
665.815: Pelagic longline seabird mitigation measures.
665.816: American Samoa longline limited entry program.
665.817: American Samoa pelagic fishery area management.
665.818: Exemptions for American Samoa large vessel prohibited areas.

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

Subpart A—General

§ 665.1

Purpose and scope.

(a) The regulations in this part govern fishing for western Pacific fishery ecosystem MUS by vessels of the United States that operate or are based inside the outer boundary of the U.S. EEZ around American Samoa, Hawaii, Guam, the Northern Mariana Islands, Palmyra Atoll, Kingman Reef, Jarvis Island, Baker Island, Howland Island, Johnston Atoll, and Wake Island.

(b) General regulations governing fishing by all vessels of the United States and by fishing vessels other than vessels of the United States are contained in 50 CFR part 600.

(c) Regulations governing the harvest, possession, landing, purchase, and sale of shark fins are found in 50 CFR part 600 subpart N.

(d) This subpart contains regulations that are common to all western Pacific fisheries managed under Fishery Ecosystem Plans (FEPs) prepared by the Western Pacific Fishery Management Council under the Magnuson-Stevens Act.

(e) Regulations specific to individual areas and fisheries are included in subparts B through F of this part.

(f) Nothing in subparts B through F of this part is intended to supersede any valid state or Federal regulations that are more restrictive than those published here.

§ 665.2

Relation to other laws.

NMFS recognizes that any state law pertaining to vessels registered under the laws of that state while operating in the fisheries regulated under this part, that is consistent with this part and the FEPs implemented by this part, shall continue in effect with respect to fishing activities regulated under this part.

§ 665.3

Licensing and registration.

Any person who is required to do so by applicable state law or regulation must comply with licensing and registration requirements in the exact manner required by applicable state law or regulation.

§§ 665.4-665.11

[Reserved]

§ 665.12

Definitions.

In addition to the definitions in the Magnuson-Stevens Act, § 600.10 of this chapter, and subparts B through F of this part, general definitions for western Pacific fisheries have the following meanings:

American Samoa FEP means the Fishery Ecosystem Plan for American Samoa.

Bottomfish FMP means the Fishery Management Plan for Bottomfish and Seamount Groundfish of the Western Pacific Region established in 1986 and replaced by FEPs.

Carapace length means a measurement in a straight line from the ridge between the two largest spines above the eyes, back to the rear edge of the carapace of a spiny lobster (see Figure 1 to this part).

Circle hook means a fishing hook with the point turned perpendicularly back towards the shank.

Commercial fishing means fishing in which the fish harvested, either in whole or in part, are intended to enter commerce or enter commerce through sale, barter, or trade. All lobster fishing in Crustacean Permit Area 1 is considered commercial fishing.

Commonwealth of the Northern Mariana Islands (CNMI) means the Northern Mariana Islands.

Coral Reef Ecosystems FMP means the Fishery Management Plan for Coral Reef Ecosystems of the Western Pacific Region established in 2004 and replaced by FEPs.

Council means the Western Pacific Fishery Management Council.

Crustacean receiving vessel means a vessel of the United States to which lobsters taken in a crustacean management area are transferred from another vessel.

Crustaceans FMP means the Fishery Management Plan for Crustacean Fisheries of the Western Pacific Region established in 1982 and replaced by FEPs.

Currently harvested coral reef taxa (CHCRT) means coral reef associated species, families, or subfamilies, as defined in §§ 665.121, 665.221, 665.421, and 665.621, that have annual landings greater than 454.54 kg (1,000 lb) as reported on individual state, commonwealth, or territory catch reports or through creel surveys. Fisheries and research data from many of these species have been analyzed by regional management agencies.

Dead coral means any precious coral that no longer has any live coral polyps or tissue.

EFP means an experimental fishing permit.

First level buyer means:

(1) The first person who purchases, with the intention to resell, management unit species, or portions thereof, that were harvested by a vessel that holds a permit or is otherwise regulated under crustacean fisheries in subparts B through E of this part; or

(2) A person who provides recordkeeping, purchase, or sales assistance in the first transaction involving MUS (such as the services provided by a wholesale auction facility).

Fishing gear, as used in regulations for the American Samoa, CNMI, Hawaii, and PRIA bottomfish fisheries in subparts B through E of this part, includes:

(1) Bottom trawl, which means a trawl in which the otter boards or the footrope of the net are in contact with the sea bed;

(2) Gillnet, (see § 600.10);

(3) Hook-and-line, which means one or more hooks attached to one or more lines;

(4) Set net, which means a stationary, buoyed, and anchored gill net; and

(5) Trawl, (see § 600.10).

Fishing trip means a period of time during which fishing is conducted, beginning when the vessel leaves port and ending when the vessel lands fish.

Fishing year means the year beginning at 0001 local time on January 1 and ending at 2400 local time on December 31, with the exception of fishing for Hawaii Restricted Bottomfish Species and any precious coral MUS.

Freeboard means the straight line vertical distance between a vessel's working deck and the sea surface. If the vessel does not have gunwale door or stern door that exposes the working deck, freeboard means the straight line vertical distance between the top of a vessel's railing and the sea surface.

Harvest guideline means a specified numerical harvest objective.

Hawaiian Archipelago means the Main and Northwestern Hawaiian Islands, including Midway Atoll.

Hawaii FEP means the Fishery Ecosystem Plan for the Hawaiian Archipelago.

Hookah breather means a tethered underwater breathing device that pumps air from the surface through one or more hoses to divers at depth.

Incidental catch or incidental species means species caught while fishing for the primary purpose of catching a different species.

Land or landing means offloading fish from a fishing vessel, arriving in port to begin offloading fish, or causing fish to be offloaded from a fishing vessel.

Large vessel means, as used in this part, any vessel equal to or greater than 50 ft (15.2 m) in length overall.

Length overall (LOA) or length of a vessel as used in this part, means the horizontal distance, rounded to the nearest foot (with any 0.5 foot or 0.15 meter fraction rounded upward), between the foremost part of the stem and the aftermost part of the stern, excluding bowsprits, rudders, outboard motor brackets, and similar fittings or attachments (see Figure 2 to this part). “Stem” is the foremost part of the vessel, consisting of a section of timber or fiberglass, or cast forged or rolled metal, to which the sides of the vessel are united at the fore end, with the lower end united to the keel, and with the bowsprit, if one is present, resting on the upper end. “Stern” is the aftermost part of the vessel.

Live coral means any precious coral that has live coral polyps or tissue.

Live rock means any natural, hard substrate, including dead coral or rock, to which is attached, or which supports, any living marine life form associated with coral reefs.

Low-use marine protected area (MPA) means an area of the U.S. EEZ where fishing operations have specific restrictions in order to protect the coral reef ecosystem, as specified under area restrictions in subparts B through F of this part.

Main Hawaiian Islands (MHI) means the islands of the Hawaii Archipelago lying to the east of 161° W. long.

Mariana Archipelago means Guam and the Northern Mariana Islands.

Mariana FEP means the Fishery Ecosystem Plan for the Mariana Archipelago.

Medium vessel, as used in this part, means any vessel equal to or more than 40 ft (12.2 m) and less than 50 ft (15.2 m) LOA.

Non-commercial fishing means fishing that does not meet the definition of commercial fishing.

Non-precious coral means any species of coral other than those listed under the definitions for precious coral in §§ 665.161, 665.261, 665.461, and 665.661.

Non-selective gear means any gear used for harvesting coral that cannot discriminate or differentiate between types, size, quality, or characteristics of living or dead coral.Start Printed Page 2208

Northwestern Hawaiian Islands (NWHI) means the islands of the Hawaiian Archipelago lying to the west of 161° W. long.

No-take MPA means an area of the U.S. EEZ that is closed to fishing for or harvesting of any MUS, as defined in subparts B through F of this part.

Offload means to remove MUS from a vessel.

Offset circle hook means a circle hook in which the barbed end of the hook is displaced relative to the parallel plane of the eyed end, or shank, of the hook when laid on its side.

Owner, as used in the regulations for the crustacean fisheries in subparts B through E of this part and § 665.203(i) and (j), means a person who is identified as the current owner of the vessel as described in the Certificate of Documentation (Form CG-1270) issued by the United States Coast Guard (USCG) for a documented vessel, or in a registration certificate issued by a state, a territory, or the USCG for an undocumented vessel. As used in the regulations for the precious coral fisheries in subparts B through E of this part and § 665.203(c) through (h), the definition of “owner” in § 600.10 of this chapter continues to apply.

Pacific Islands Regional Office (PIRO) means the headquarters of the Pacific Islands Region, NMFS, located at 1601 Kapiolani Blvd., Suite 1110, Honolulu, Hawaii 96814; telephone number 808-944-2200.

Pacific remote island areas (PRIA, or U.S. island possessions in the Pacific Ocean) means Palmyra Atoll, Kingman Reef, Jarvis Island, Baker Island, Howland Island, Johnston Atoll, Wake Island, and Midway Atoll.

Pelagics FEP means the Fishery Ecosystem Plan for Pacific Pelagic Fisheries of the Western Pacific Region.

Pelagics FMP means the Fishery Management Plan for Pelagic Fisheries of the Western Pacific Region that was established in 1987 and replaced by the western Pacific pelagic FEP.

Potentially harvested coral reef taxa (PHCRT) means coral reef associated species, families, or subfamilies, as defined in §§ 665.121, 665.221, 665.421, and 665.621, for which little or no information is available beyond general taxonomic and distribution descriptions. These species have either not been caught in the past or have been harvested annually in amounts less than 454.54 kg (1,000 lb).

Precious Corals FMP means the Fishery Management Plan for Precious Corals of the Western Pacific Region established in 1983 and replaced by fishery ecosystem plans (FEPs).

PRIA FEP means the Fishery Ecosystem Plan for the Pacific Remote Island Areas of Palmyra Atoll, Kingman Reef, Jarvis Island, Baker Island, Howland Island, Johnston Atoll, and Wake Island.

Protected species means an animal protected under the MMPA, as amended, listed under the ESA, as amended, or subject to the Migratory Bird Treaty Act, as amended.

Receiving vessel means a vessel that receives fish or fish products from a fishing vessel, and with regard to a vessel holding a permit under § 665.801(e), that also lands western Pacific pelagic MUS taken by other vessels using longline gear.

Regional Administrator means Regional Administrator, Pacific Islands Region, NMFS (see Table 1 of § 600.502 of this chapter for address).

Selective gear means any gear used for harvesting coral that can discriminate or differentiate between type, size, quality, or characteristics of living or dead coral.

Special Agent-In-Charge (SAC) means the Special Agent-In-Charge, NMFS, Pacific Islands Enforcement Division, or a designee of the SAC, located at 1601 Kapiolani Blvd., Suite 950, Honolulu, HI 96814, telephone number 808-203-2500.

Special permit means a permit issued to allow fishing for coral reef ecosystem MUS in low-use MPAs or to fish for any PHCRT.

State of Hawaii commercial marine license means the license required by the State of Hawaii for anyone to take marine life for commercial purposes (also known as the commercial fishing license).

Transship means to offload or otherwise transfer MUS or products thereof to a receiving vessel.

Trap means a box-like device used for catching and holding lobsters or fish.

U.S. harvested coral means coral caught, taken, or harvested by vessels of the United States within any fishery for which an FMP or FEP has been implemented under the Magnuson-Stevens Act.

Vessel monitoring system unit (VMS unit) means the hardware and software owned by NMFS, installed on vessels by NMFS, and required to track and transmit the positions of certain vessels.

Western Pacific fishery management area means those waters shoreward of the outer boundary of the EEZ around American Samoa, Guam, Hawaii, CNMI, Midway, Johnston and Palmyra Atolls, Kingman Reef, and Wake, Jarvis, Baker, and Howland Islands.

§ 665.13

Permits and fees.

(a) Applicability. The requirements for permits for specific Western Pacific fisheries are set forth in subparts B through F of this part.

(b) Validity. Each permit is valid for fishing only in the specific fishery management areas identified on the permit.

(c) Application. (1) A Western Pacific Federal fisheries permit application may be obtained from NMFS PIRO to apply for a permit or permits to operate in any of the fisheries regulated under subparts B through F of this part. The completed application must be submitted to PIRO. In no case shall PIRO accept an application that is not on the Western Pacific Federal fisheries permit application form.

(2) A minimum of 15 days after the day PIRO receives a complete application should be allowed for processing a permit application for fisheries under subparts B through F of this part. If an incomplete or improperly completed application is filed, the applicant will be sent a letter of notice of deficiency. If the applicant fails to correct the deficiency within 30 days following the date of the letter of notification of deficiency, the application will be considered abandoned.

(d) Change in application information. Any change in the permit application information or vessel documentation, submitted under paragraph (c) of this section, must be reported to PIRO in writing within 15 days of the change to avoid a delay in processing the permit application. A minimum of 10 days from the day the information is received by PIRO should be given for PIRO to record any change in information from the permit application submitted under paragraph (c) of this section. Failure to report such changes may result in a delay in processing an application, permit holders failing to receive important notifications, or sanctions pursuant to the Magnuson-Stevens Act at 16 U.S.C. 1858(g) or 15 CFR part 904, subpart D.

(e) Issuance. After receiving a complete application submitted under paragraph (c) of this section, the Regional Administrator will issue a permit to an applicant who is eligible under this part, as appropriate.

(f) Fees. (1) PIRO will not charge a fee for a permit issued under §§ 665.142, 665.162, 665.242, 665.262, 665.442, 665.462, 665.642, or 665.662 of this part, for a Ho'omalu limited access permit issued under § 665.203, or for a Guam bottomfish permit issued under § 665.404.

(2) PIRO will charge a non-refundable processing fee for each application (including transfers and renewals) for the permits listed in paragraphs (f)(2)(i) Start Printed Page 2209through (viii) of this section. The amount of the fee is calculated in accordance with the procedures of the NOAA Finance Handbook, for determining the administrative costs of each special product or service incurred in processing the permit. The fee may not exceed such costs and is specified with each application form. The appropriate fee must accompany each application. Failure to pay the fee will preclude the issuance, transfer or renewal of any of these permits:

(i) Hawaii longline limited access permit.

(ii) Mau Zone limited access permit.

(iii) Coral reef ecosystem special permit.

(iv) American Samoa longline limited access permit.

(v) MHI non-commercial bottomfish permit.

(vi) Western Pacific squid jig permit.

(vii) Crustacean permit.

(viii) CNMI commercial bottomfish permit.

(g) Expiration. Permits issued under subparts B through F of this part are valid for the period specified on the permit unless revoked, suspended, transferred, or modified under 15 CFR part 904.

(h) Replacement. Replacement permits may be issued, without charge, to replace lost or mutilated permits. An application for a replacement permit is not considered a new application.

(i) Transfer. An application for a permit transfer under §§ 665.203(d), 665.242(e), or 665.801(k), or for registration of a permit for use with a replacement vessel under § 665.203(i), must be submitted to PIRO as described in paragraph (c) of this section.

(j) Alteration. Any permit that has been altered, erased, or mutilated is invalid.

(k) Display. Any permit issued under this subpart, or a facsimile of such permit, must be on board the vessel at all times while the vessel is fishing for, taking, retaining, possessing, or landing MUS shoreward of the outer boundary of the fishery management area. Any permit issued under this section must be displayed for inspection upon request of an authorized officer.

(l) Sanctions. Procedures governing sanctions and denials are found at subpart D of 15 CFR part 904.

(m) Permit appeals. Procedures for appeals of permitting and administrative actions are specified in the relevant subparts of this part.

§ 665.14

Reporting and recordkeeping.

(a) Except for precious coral and crustacean fisheries, any person who is required to do so by applicable state law or regulation must make and/or file all reports of MUS landings containing all data and in the exact manner required by applicable state law or regulation.

(b) Fishing record forms—(1) Applicability. (i) The operator of any fishing vessel subject to the requirements of §§ 665.124, 665.142, 665.162, 665.203(a)(2), 665.224, 665.242, 665.262, 665.404, 665.424, 665.442, 665.462, 665.603, 665.624, 665.642, 665.662, or 665.801 must maintain on board the vessel an accurate and complete record of catch, effort, and other data on paper report forms provided by the Regional Administrator, or electronically as specified and approved by the Regional Administrator, except as allowed in paragraph (b)(1)(iii) of this section.

(ii) All information specified by the Regional Administrator must be recorded on paper or electronically within 24 hours after the completion of each fishing day. The logbook information, reported on paper or electronically, for each day of the fishing trip must be signed and dated or otherwise authenticated by the vessel operator in the manner determined by the Regional Administrator, and be submitted or transmitted via an approved method as specified by the Regional Administrator, and as required by this paragraph (b).

(iii) In lieu of the requirements in paragraph (a)(1)(i) of this section, the operator of a fishing vessel registered for use under a Western Pacific squid jig permit pursuant to the requirements of § 665.801(g) may participate in a state reporting system. If participating in a state reporting system, all required information must be recorded and submitted in the exact manner required by applicable state law or regulation.

(2) Timeliness of submission. (i) If fishing was authorized under a permit pursuant to §§ 665.142, 665.242, 665.442, 665.404, 665.162, 665.262, 665.462, 665.662, or 665.801, the vessel operator must submit the original logbook information for each day of the fishing trip to the Regional Administrator within 72 hours of the end of each fishing trip, except as allowed in paragraph (iii) of this section.

(ii) If fishing was authorized under a permit pursuant to § 665.203(a)(2), the vessel operator or vessel owner must submit the original logbook form for each day of the fishing trip to the Regional Administrator within 72 hours of the end of each fishing trip.

(iii) If fishing was authorized under a PRIA bottomfish permit pursuant to § 665.603(a), PRIA pelagic troll and handline permit pursuant to § 665.801(f), crustacean fishing permit for the PRIA (Permit Area 4) pursuant to § 665.642(a), or a precious coral fishing permit for Permit Area X-P-PI pursuant to § 665.662, the original logbook form for each day of fishing within EEZ waters around the PRIA must be submitted to the Regional Administrator within 30 days of the end of each fishing trip.

(iv) If fishing was authorized under a permit pursuant to §§ 665.124, 665.224, 665.424, or 665.624, the original logbook information for each day of fishing must be submitted to the Regional Administrator within 30 days of the end of each fishing trip.

(c) Transshipment logbooks. Any person subject to the requirements of §§ 665.124(a)(2), 665.224(a)(2), 665.424(a)(2), 665.624(a)(2), or 665.801(e) must maintain on board the vessel an accurate and complete NMFS transshipment logbook containing report forms provided by the Regional Administrator. All information specified on the forms must be recorded on the forms within 24 hours after the day of transshipment. Each form must be signed and dated by the receiving vessel operator. The original logbook for each day of transshipment activity must be submitted to the Regional Administrator within 72 hours of each landing of western Pacific pelagic MUS. The original logbook for each day of transshipment activity must be submitted to the Regional Administrator within 7 days of each landing of coral reef ecosystem MUS.

(d) Sales report. The operator of any fishing vessel subject to the requirements of §§ 665.142, 665.242, 665.442, or 665.642, or the owner of a medium or large fishing vessel subject to the requirements of § 665.404(a)(2) must submit to the Regional Administrator, within 72 hours of offloading of crustacean MUS, an accurate and complete sales report on a form provided by the Regional Administrator. The form must be signed and dated by the fishing vessel operator.

(e) Packing or weigh-out slips. The operator of any fishing vessel subject to the requirements of §§ 665.142, 665.242, 665.442, or 665.642 must attach packing or weighout slips provided to the operator by the first-level buyer(s), unless the packing or weighout slips have not been provided in time by the buyer(s).

(f) Modification of reporting and recordkeeping requirements. The Regional Administrator may, after consultation with the Council, initiate rulemaking to modify the information to be provided on the fishing record forms, transshipment logbook, and sales report Start Printed Page 2210forms and timeliness by which the information is to be provided, including the submission of packing or weighout slips.

(g) Availability of records for inspection. (1) Western Pacific pelagic MUS. Upon request, any fish dealer must immediately provide an authorized officer access to inspect and copy all records of purchases, sales, or other transactions involving western Pacific pelagic MUS taken or handled by longline vessels that have permits issued under this subpart or that are otherwise subject to subpart F of this part, including, but not limited to, information concerning:

(i) The name of the vessel involved in each transaction and the owner and operator of the vessel.

(ii) The weight, number, and size of each species of fish involved in each transaction.

(iii) Prices paid by the buyer and proceeds to the seller in each transaction.

(2) Crustacean MUS. Upon request, any first-level buyer must immediately allow an authorized officer and any employee of NMFS designated by the Regional Administrator, to access, inspect, and copy all records relating to the harvest, sale, or transfer of crustacean MUS taken by vessels that have permits issued under this subpart or §§ 665.140 through 665.145, 665.240 through 665.252, 665.440 through 665.445, or 665.640 through 665.645 of this part. This requirement may be met by furnishing the information on a worksheet provided by the Regional Administrator. The information must include, but is not limited to:

(i) The name of the vessel involved in each transaction and the owner or operator of the vessel.

(ii) The amount, number, and size of each MUS involved in each transaction.

(iii) Prices paid by the buyer and proceeds to the seller in each transaction.

(3) Bottomfish and seamount groundfish MUS. Any person who is required by state laws and regulations to maintain records of landings and sales for vessels regulated by this subpart and by §§ 665.100 through 665.105, 665.200 through 665.212, 665.400 through 665.407, and 665.600 through 665.606 of this part must make those records immediately available for Federal inspection and copying upon request by an authorized officer.

(4) Coral reef ecosystem MUS. Any person who has a special permit and who is required by state laws and regulations to maintain and submit records of catch and effort, landings and sales for coral reef ecosystem MUS by this subpart and §§ 665.120 through 665.128, 665.220 through 665.228, 665.420 through 665.428, or 665.620 through 665.628 of this part must make those records immediately available for Federal inspection and copying upon request by an authorized officer as defined in § 600.10 of this chapter.

(h) State reporting. Any person who has a permit under §§ 665.124, 665.203, 665.224, 665.404, 665.424, 665.603, or 665.624 and who is regulated by state laws and regulations to maintain and submit records of catch and effort, landings and sales for vessels regulated by subparts B through F of this part must maintain and submit those records in the exact manner required by state laws and regulations.

§ 665.15

Prohibitions.

In addition to the prohibitions in § 600.725 of this chapter, it is unlawful for any person to:

(a) Engage in fishing without a valid permit or facsimile of a valid permit on board the vessel and available for inspection by an authorized officer, when a permit is required under §§ 665.13 or 665.17, unless the vessel was at sea when the permit was issued under § 665.13, in which case the permit must be on board the vessel before its next trip.

(b) File false information on any application for a fishing permit under § 665.13 or an EFP under § 665.17.

(d) Falsify or fail to make, keep, maintain, or submit any logbook or logbook form or other record or report required under §§ 665.14 and 665.17.

(e) Refuse to make available to an authorized officer or a designee of the Regional Administrator for inspection or copying, any records that must be made available in accordance with § 665.14.

(f) Fail to affix or maintain vessel or gear markings, as required by §§ 665.16, 665.128, 665.228, 665.246, 665.428, 665.628, or 665.804.

(g) Violate a term or condition of an EFP issued under § 665.17.

(h) Fail to report any take of or interaction with protected species as required by § 665.17(k).

(i) Fish without an observer on board the vessel after the owner or agent of the owner has been directed by NMFS to make accommodations available for an observer under §§ 665.17, 665.105, 665.145, 665.207, 665.247, 665.407, 665.445, 665.606, 665.645, or 665.808.

(j) Refuse to make accommodations available for an observer when so directed by the Regional Administrator under §§ 665.105, 665.145, 665.207, 665.247, 665.407, 665.445, 665.606, 665.645, or 665.808, or under any provision in an EFP issued under § 665.17.

(k) Fail to notify officials as required in §§ 665.126, 665.144, 665.205, 665.226, 665.244, 665.426, 665.444, 665.626, 665.644, 665.803, or 665.808.

(l) Fish for, take or retain within a no-take MPA, defined in §§ 665.99, 665.199, 665.399, or 665.599, any bottomfish MUS, crustacean MUS, western Pacific pelagic MUS, precious coral, seamount groundfish or coral reef ecosystem MUS.

(m) Fail to comply with a term or condition governing the vessel monitoring system in violation of § 665.19.

(n) Fish for, catch, or harvest MUS without an operational VMS unit on board the vessel after installation of the VMS unit by NMFS, in violation of § 665.19(e)(2).

(o) Possess MUS, that were harvested after NMFS has installed the VMS unit on the vessel, on board that vessel without an operational VMS unit, in violation of § 665.19(e)(2).

(p) Interfere with, tamper with, alter, damage, disable, or impede the operation of a VMS unit or attempt any of the same; or move or remove a VMS unit without the prior permission of the SAC in violation of § 665.19(e)(3).

(q) Make a false statement, oral or written, to an authorized officer, regarding the use, operation, or maintenance of a VMS unit, in violation of § 665.19(e).

(r) Interfere with, impede, delay, or prevent the installation, maintenance, repair, inspection, or removal of a VMS unit, in violation of § 665.19(e).

(s) Interfere with, impede, delay, or prevent access to a VMS unit by a NMFS observer, in violation of § 665.808(f)(4).

(t) Connect or leave connected additional equipment to a VMS unit without the prior approval of the SAC, in violation of § 665.19(f).

§ 665.16

Vessel identification.

(a) Each fishing vessel subject to this subpart, except those identified in paragraph (e) of this section, must display its official number on the port and starboard sides of the deckhouse or hull, and on an appropriate weather deck, so as to be visible from enforcement vessels and aircraft.

(b) The official number must be affixed to each vessel subject to this part in block Arabic numerals at least 18 inches (45.7 cm) in height for fishing and receiving vessels of 65 ft (19.8 m) LOA or longer, and at least 10 inches (25.4 cm) in height for all other vessels, Start Printed Page 2211except that vessels in precious coral fisheries and 65 ft (19.8 m) LOA or longer must be marked in block Arabic numerals at least 14 inches (35.6 cm) in height. Marking must be legible and of a color that contrasts with the background.

(d) The vessel operator must ensure that no part of the vessel, its rigging, or its fishing gear obstructs the view of the official number from an enforcement vessel or aircraft.

(e) The following fishing vessels are exempt from the vessel identification requirements in this section:

(1) A vessel registered for use under a MHI non-commercial bottomfish permit that is in compliance with State of Hawaii bottomfish vessel registration and marking requirements.

(2) A vessel less than 40 ft (12.2 m) LOA registered for use under a CNMI commercial bottomfish permit that is in compliance with CNMI bottomfish vessel registration and marking requirements.

§ 665.17

Experimental fishing.

(a) General. The Regional Administrator may authorize, for limited purposes, the direct or incidental harvest of MUS that would otherwise be prohibited by this part. No experimental fishing may be conducted unless authorized by an EFP issued by the Regional Administrator in accordance with the criteria and procedures specified in this section. EFPs will be issued without charge.

(b) Observers. No experimental fishing for crustacean MUS may be conducted unless a NMFS observer is aboard the vessel.

(c) Application. An applicant for an EFP must submit to the Regional Administrator at least 60 days before the desired date of the EFP a written application including, but not limited to, the following information:

(1) The date of the application.

(2) The applicant's name, mailing address, and telephone number.

(3) A statement of the purposes and goals of the experiment for which an EFP is needed, including a general description of the arrangements for disposition of all species harvested under the EFP.

(4) A statement of whether the proposed experimental fishing has broader significance than the applicant's individual goals.

(5) For each vessel to be covered by the EFP:

(i) Vessel name.

(ii) Name, address, and telephone number of owner and operator.

(iii) USCG documentation, state license, or registration number.

(iv) Home port.

(v) Length of vessel.

(vi) Net tonnage.

(vii) Gross tonnage.

(6) A description of the species (directed and incidental) to be harvested under the EFP and the amount of such harvest necessary to conduct the experiment.

(7) For each vessel covered by the EFP, the approximate times and places fishing will take place, and the type, size, and amount of gear to be used.

(8) The signature of the applicant.

(d) Incomplete applications. The Regional Administrator may request from an applicant additional information necessary to make the determinations required under this section. An applicant will be notified of an incomplete application within 10 working days of receipt of the application. An incomplete application will not be considered until corrected in writing.

(e) Issuance. (1) If an application contains all of the required information, NMFS will publish a notice of receipt of the application in the Federal Register with a brief description of the proposal and will give interested persons an opportunity to comment. The Regional Administrator will also forward copies of the application to the Council, the USCG, and the fishery management agency of the affected state, accompanied by the following information:

(i) The current utilization of domestic annual harvesting and processing capacity (including existing experimental harvesting, if any) of the directed and incidental species for which an EFP is being requested.

(ii) A citation of the regulation or regulations that, without the EFP, would prohibit the proposed activity.

(iii) Biological information relevant to the proposal.

(2) At a Council meeting following receipt of a complete application, the Regional Administrator will consult with the Council and the Director of the affected state fishery management agency concerning the permit application. The applicant will be notified in advance of the meeting at which the application will be considered, and invited to appear in support of the application, if the applicant desires.

(3) Within 5 working days after the consultation in paragraph (e)(2) of this section, or as soon as practicable thereafter, NMFS will notify the applicant in writing of the decision to grant or deny the EFP and, if denied, the reasons for the denial. Grounds for denial of an EFP include, but are not limited to, the following:

(i) The applicant has failed to disclose material information required, or has made false statements as to any material fact, in connection with his or her application.

(ii) According to the best scientific information available, the harvest to be conducted under the permit would detrimentally affect any species of fish in a significant way.

(iii) Issuance of the EFP would inequitably allocate fishing privileges among domestic fishermen or would have economic allocation as its sole purpose.

(iv) Activities to be conducted under the EFP would be inconsistent with the intent of this section or the management objectives of the FEP.

(v) The applicant has failed to demonstrate a valid justification for the permit.

(vi) The activity proposed under the EFP would create a significant enforcement problem.

(4) The decision to grant or deny an EFP is final and unappealable. If the permit is granted, NMFS will publish a notice in the Federal Register describing the experimental fishing to be conducted under the EFP. The Regional Administrator may attach terms and conditions to the EFP consistent with the purpose of the experiment including, but not limited to:

(i) The maximum amount of each species that can be harvested and landed during the term of the EFP, including trip limits, where appropriate.

(ii) The number, sizes, names, and identification numbers of the vessels authorized to conduct fishing activities under the EFP.

(iii) The times and places where experimental fishing may be conducted.

(iv) The type, size, and amount of gear which may be used by each vessel operated under the EFP.

(v) The condition that observers be carried aboard vessels operating under an EFP.

(vi) Data reporting requirements.

(vii) Such other conditions as may be necessary to assure compliance with the purposes of the EFP consistent with the objectives of the FEP.

(f) Duration. Unless otherwise specified in the EFP or a superseding notice or regulation, an EFP is effective for no longer than one (1) year from the date of issuance, unless revoked, suspended, or modified. EFPs may be renewed following the application procedures in this section.

(g) Alteration. Any EFP that has been altered, erased, or mutilated is invalid.Start Printed Page 2212

(h) Transfer. EFPs issued under subparts B through F of this part are not transferable or assignable. An EFP is valid only for the vessel(s) for which it is issued.

(i) Inspection. Any EFP issued under subparts B through F of this part must be carried aboard the vessel(s) for which it was issued. The EFP must be presented for inspection upon request of any authorized officer.

(j) Sanctions. Failure of the holder of an EFP to comply with the terms and conditions of an EFP, the provisions of subparts A through F of this part, any other applicable provision of this part, the Magnuson-Stevens Act, or any other regulation promulgated thereunder, is grounds for revocation, suspension, or modification of the EFP with respect to all persons and vessels conducting activities under the EFP. Any action taken to revoke, suspend, or modify an EFP will be governed by 15 CFR part 904 subpart D. Other sanctions available under the statute will be applicable.

(k) Protected species. Persons fishing under an EFP must report any incidental take or fisheries interaction with protected species on a form provided for that purpose. Reports must be submitted to the Regional Administrator within 3 days of arriving in port.

§ 665.18

Framework adjustments to management measures.

Framework measures described below for each specific fishery are valid for all management areas, except where specifically noted in this section.

(a) Pelagic measures—(1) Introduction. Adjustments in management measures may be made through rulemaking if new information demonstrates that there are biological, social, or economic concerns in the fishery. The following framework process authorizes the implementation of measures that may affect the operation of the fisheries, gear, harvest guidelines, or changes in catch and/or effort.

(2) Annual report. By June 30 of each year, the Council-appointed pelagics monitoring team will prepare an annual report on the fisheries in the management area. The report shall contain, among other things, recommendations for Council action and an assessment of the urgency and effects of such action(s).

(3) Procedure for established measures. (i) Established measures are regulations for which the impacts have been evaluated in Council or NMFS documents in the context of current conditions.

(ii) The Council may recommend to the Regional Administrator that established measures be modified, removed, or reinstituted. Such recommendation shall include supporting rationale and analysis, and shall be made after advance public notice, public discussion, and consideration of public comment. NMFS may implement the Council's recommendation by rulemaking if approved by the Regional Administrator.

(4) Procedure for new measures. (i) New measures are regulations for which the impacts have not been evaluated in Council or NMFS documents in the context of current conditions.

(ii) The Council will publicize, including by Federal Register notice, and solicit public comment on, any proposed new management measure. After a Council meeting at which the measure is discussed, the Council will consider recommendations and prepare a Federal Register notice summarizing the Council's deliberations, rationale, and analysis for the preferred action, and the time and place for any subsequent Council meeting(s) to consider the new measure. At subsequent public meeting(s), the Council will consider public comments and other information received to make a recommendation to the Regional Administrator about any new measure. NMFS may implement the Council's recommendation by rulemaking if approved by the Regional Administrator.

(b) Crustacean measures—(1) Introduction. New management measures may be added through rulemaking if new information demonstrates that there are biological, social, or economic concerns in Permit Areas 1, 2, or 3. The following framework process authorizes the implementation of measures that may affect the operation of the fisheries, gear, harvest guidelines, or changes in catch and/or effort.

(2) Annual report. By June 30 of each year, the Council-appointed team will prepare an annual report on the fisheries in the management area. The report shall contain, among other things, recommendations for Council action and an assessment of the urgency and effects of such action(s).

(3) Procedure for established measures. (i) Established measures are regulations for which the impacts have been evaluated in Council or NMFS documents in the context of current conditions.

(4) Procedure for new measures. (i) New measures are regulations for which the impacts have not been evaluated in Council or NMFS documents in the context of current conditions.

(ii) The Council will publicize, including by a Federal Register document, and solicit public comment on, any proposed new management measure. After a Council meeting at which the measure is discussed, the Council will consider recommendations and prepare a Federal Register document summarizing the Council's deliberations, rationale, and analysis for the preferred action, and the time and place for any subsequent Council meeting(s) to consider the new measure. At subsequent public meeting(s), the Council will consider public comments and other information received to make a recommendation to the Regional Administrator about any new measure. NMFS may implement the Council's recommendation by rulemaking if approved by the Regional Administrator.

(c) Bottomfish measures— (1) Annual reports. By June 30 of each year, a Council-appointed bottomfish monitoring team will prepare an annual report on the fishery by area covering the following topics:

(i) Fishery performance data.

(ii) Summary of recent research and survey results.

(iii) Habitat conditions and recent alterations.

(iv) Enforcement activities and problems.

(v) Administrative actions (e.g., data collection and reporting, permits).

(vi) State and territorial management actions.

(vii) Assessment of need for Council action (including biological, economic, social, enforcement, administrative, and state/Federal needs, problems, and trends). Indications of potential problems warranting further investigation may be signaled by the following indicator criteria:

(A) Mean size of the catch of any species in any area is a pre-reproductive size.

(B) Ratio of fishing mortality to natural mortality for any species.Start Printed Page 2213

(D) Significant decline (50 percent or more) in bottomfish catch per unit of effort from baseline levels.

(E) Substantial decline in ex-vessel revenue relative to baseline levels.

(F) Significant shift in the relative proportions of gear in any one area.

(G) Significant change in the frozen/fresh components of the bottomfish catch.

(H) Entry/exit of fishermen in any area.

(I) Per-trip costs for bottomfish fishing exceed per-trip revenues for a significant percentage of trips.

(J) Significant decline or increase in total bottomfish landings in any area.

(K) Change in species composition of the bottomfish catch in any area.

(L) Research results.

(M) Habitat degradation or environmental problems.

(N) Reported interactions between bottomfish fishing operations and protected species in the NWHI.

(viii) Recommendations for Council action.

(ix) Estimated impacts of recommended action.

(2) Recommendation of management action. (i) The team may present management recommendations to the Council at any time. Recommendations may cover actions suggested for Federal regulations, state/territorial action, enforcement or administrative elements, and research and data collection. Recommendations will include an assessment of urgency and the effects of not taking action.

(ii) The Council will evaluate the team's reports and recommendations, and the indicators of concern. The Council will assess the need for one or more of the following types of management action: Catch limits, size limits, closures, effort limitations, access limitations, or other measures.

(iii) The Council may recommend management action by either the state/territorial governments or by Federal regulation.

(3) Federal management action. (i) If the Council believes that management action should be considered, it will make specific recommendations to the Regional Administrator after requesting and considering the views of its Scientific and Statistical Committee and Bottomfish Advisory Panel and obtaining public comments at a public hearing.

(ii) The Regional Administrator will consider the Council's recommendation and accompanying data, and, if he or she concurs with the Council's recommendation, will propose regulations to carry out the action. If the Regional Administrator rejects the Council's proposed action, a written explanation for the denial will be provided to the Council within 2 weeks of the decision.

(iii) The Council may appeal a denial by writing to the Assistant Administrator, who must respond in writing within 30 days.

(iv) The Regional Administrator and the Assistant Administrator will make their decisions in accord with the Magnuson-Stevens Act, other applicable law, and the bottomfish measures of the FEPs.

(v) To minimize conflicts between the Federal and state management systems, the Council will use the procedures in paragraph (c)(2) of this section to respond to state/territorial management actions. Council consideration of action would normally begin with a representative of the state or territorial government bringing a potential or actual management conflict or need to the Council's attention.

(4) Access limitation procedures. (i) Access limitation may be adopted under this paragraph (c)(4) only for the NWHI, American Samoa, and Guam.

(ii) If access limitation is proposed for adoption or subsequent modification through the process described in this paragraph (c)(4), the following requirements must be met:

(A) The bottomfish monitoring team must consider and report to the Council on present participation in the fishery; historical fishing practices in, and dependence on, the fishery; economics of the fishery; capability of fishing vessels used in the fishery to engage in other fisheries; cultural and social framework relevant to the fishery; and any other relevant considerations.

(B) Public hearings must be held specifically addressing the limited access proposals.

(C) A specific advisory subpanel of persons experienced in the fishing industry will be created to advise the Council and the Regional Administrator on administrative decisions.

(D) The Council's recommendation to the Regional Administrator must be approved by a two-thirds majority of the voting members.

(5) Five-year review. The Council will conduct a comprehensive review on the effectiveness of the Mau Zone limited access program 5 years following implementation of the program. The Council will consider the extent to which the FEP objectives have been met and verify that the target number of vessels established for the fishery is appropriate for current fishing activity levels, catch rates, and biological condition of the stocks. The Council may establish a new target number based on the 5-year review.

(d) Precious coral measures—(1) Introduction. Established management measures may be revised and new management measures may be established and/or revised through rulemaking if new information demonstrates that there are biological, social, or economic concerns in a precious coral permit area. The following framework process authorizes the implementation of measures that may affect the operation of the fisheries, gear, quotas, season, or levels of catch and/or in effort.

(2) Annual report. By June 30 of each year, the Council-appointed precious coral team will prepare an annual report on the fisheries in the management area. The report will contain, among other things, recommendations for Council action and an assessment of the urgency and effects of such action(s).

(3) Procedure for established measures. (i) Established measures are regulations for which the impacts have been evaluated in Council or NMFS documents in the context of current conditions.

(ii) The Council may recommend to the Regional Administrator that established measures be modified, removed, or reinstituted. Such recommendation will include supporting rationale and analysis and will be made after advance public notice, public discussion, and consideration of public comment. NMFS may implement the Council's recommendation by rulemaking if approved by the Regional Administrator.

(4) Procedure for new measures. (i) New measures are regulations for which the impacts have not been evaluated in Council or NMFS documents in the context of current conditions.

(ii) The Council will publicize, including by a Federal Register document, and solicit public comment on, any proposed new management measure. After a Council meeting at which the measure is discussed, the Council will consider recommendations and prepare a Federal Register document summarizing the Council's deliberations, rationale, and analysis for the preferred action and the time and place for any subsequent Council meeting(s) to consider the new measure. At a subsequent public meeting, the Council will consider public comments and other information received before making a recommendation to the Regional Administrator about any new measure. If approved by the Regional Start Printed Page 2214Administrator, NMFS may implement the Council's recommendation by rulemaking.

(e) Coral reef ecosystem measures— (1) Procedure for established measures. (i) Established measures are regulations for which the impacts have been evaluated in Council or NMFS documents in the context of current conditions.

(ii) The Council may recommend to the Regional Administrator that established measures be modified, removed, or reinstituted. Such recommendation shall include supporting rationale and analysis, and shall be made after advance public notice, public discussion and consideration of public comment. NMFS may implement the Council's recommendation by rulemaking if approved by the Regional Administrator.

(2) Procedure for new measures. (i) New measures are regulations for which the impacts have not been evaluated in Council or NMFS documents in the context of current conditions. New measures include, but are not limited to, catch limits, resource size limits, closures, effort limitations, reporting and recordkeeping requirements.

(ii) The Regional Administrator will publicize, including by Federal Register notice, and solicit public comment on, any proposed new management measure. After a Council meeting at which the measure is discussed, the Council will consider recommendations and prepare a document summarizing the Council's deliberations, rationale, and analysis for the preferred action, and the time and place for any subsequent Council meeting(s) to consider the new measure. At subsequent public meeting(s), the Council will consider public comments and other information received to make a recommendation to the Regional Administrator about any new measure. NMFS may implement the Council's recommendation by rulemaking if approved by the Regional Administrator.

(A) The Regional Administrator will consider the Council's recommendation and supporting rationale and analysis, and, if the Regional Administrator concurs with the Council's recommendation, will propose regulations to carry out the action. If the Regional Administrator rejects the Council's proposed action, the Regional Administrator will provide a written explanation for the denial within 2 weeks of the decision.

(B) The Council may appeal a denial by writing to the Assistant Administrator, who must respond in writing within 30 days.

(C) The Regional Administrator and the Assistant Administrator will make their decisions in accordance with the Magnuson-Stevens Act, other applicable laws, and the FEPs.

(D) To minimize conflicts between the Federal and state/territorial/commonwealth management systems, the Council will use the procedures in this paragraph (e)(2)(ii) to respond to state/territorial/commonwealth management actions. The Council's consideration of action would normally begin with a representative of the state, territorial or commonwealth government bringing a potential or actual management conflict or need to the Council's attention.

(3) Annual report. By July 31 of each year, a Council-appointed coral reef ecosystem monitoring team will prepare an annual report on coral reef fisheries of the western Pacific region. The report will contain, among other things:

(i) Fishery performance data, summaries of new information and assessments of need for Council action.

(ii) Recommendation for Council action. The Council will evaluate the annual report and advisory body recommendations and may recommend management action by either the state/territorial/commonwealth governments or by Federal regulation.

(iii) If the Council believes that management action should be considered, it will make specific recommendations to the Regional Administrator after considering the views of its advisory bodies.

§ 665.19

Vessel monitoring system.

(a) Applicability. The holder of any of the following permits is subject to the vessel monitoring system requirements in this part:

(1) Hawaii longline limited access permit issued pursuant to § 665.801(b);

(2) American Samoa longline limited entry permit, for vessel size Class C or D, issued pursuant to § 665.801(c);

(3) Vessels permitted to fish in Crustacean Permit Area 1 VMS Subarea; or

(4) CNMI commercial bottomfish permit, if the vessel is a medium or large bottomfish vessel, issued pursuant to § 665.404(a)(2).

(b) VMS unit. Only a VMS unit owned by NMFS and installed by NMFS complies with the requirement of this subpart.

(c) Notification. After a permit holder subject to § 665.19(a) has been notified by the SAC of a specific date for installation of a VMS unit on the permit holder's vessel, the vessel must carry and operate the VMS unit after the date scheduled for installation.

(d) Fees and charges. During the experimental VMS program, the holder of a permit subject to § 665.19(a) shall not be assessed any fee or other charges to obtain and use a VMS unit, including the communication charges related directed to requirements under this section. Communication charges related to any additional equipment attached to the VMS unit by the owner or operator shall be the responsibility of the owner or operator and not NMFS.

(e) Permit holder duties. The holder of a permit subject to § 665.19(a) and master of the vessel must:

(1) Provide opportunity for the SAC to install and make operational a VMS unit after notification.

(2) Carry and continuously operate the VMS unit on board whenever the vessel is at sea.

(3) Not remove, relocate, or make non-operational the VMS unit without prior approval from the SAC.

(f) Authorization by the SAC. The SAC has authority over the installation and operation of the VMS unit. The SAC may authorize the connection or order the disconnection of additional equipment, including a computer, to any VMS unit when deemed appropriate by the SAC.

Subpart B—American Samoa Fisheries

§ 665.98

Management area.

The American Samoa fishery management area is the EEZ seaward of the Territory of American Samoa with the inner boundary coterminous with the seaward boundaries of the Territory of American Samoa and the outer boundary designated as a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured, or is coterminous with adjacent international maritime boundaries.

§ 665.99

Area restrictions.

Fishing is prohibited in all no-take MPAs. The following U.S. EEZ waters around American Samoa are no-take MPAs: Landward of the 50 fm (91.5 m) curve around Rose Atoll, as depicted on National Ocean Survey Chart Number 83484.

§ 665.100

American Samoa bottomfish fisheries [Reserved].

§ 665.101

Definitions.

As used in §§ 665.100 through 665.119:

American Samoa bottomfish management unit species (American Start Printed Page 2215Samoa bottomfish MUS) means the following fish:

Samoan name	English common name	Scientific name
palu-gutusiliva	red snapper, silvermouth	Aphareus rutilans.
asoama	gray snapper, jobfish	Aprion virescens.
sapoanae	giant trevally, jack	Caranx ignobilis.
tafauli	black trevally, jack	Caranx lugubris.
fausi	blacktip grouper	Epinephelus fasciatus.
papa, velo	lunartail grouper	Variola louti.
palu malau	red snapper	Etelis carbunculus.
palu-loa	red snapper	Etelis coruscans.
filoa-gutumumu	Ambon emperor	Lethrinus amboinensis.
filoa-paomumu	redgill emperor	Lethrinus rubrioperculatus.
savane	blueline snapper	Lutjanus kasmira.
palu-i'usama	yellowtail snapper	Pristipomoides auricilla.
palu-`ena'ena	pink snapper	Pristipomoides filamentosus.
palu-sina	yelloweye snapper	Pristipomoides flavipinnis.
palu	pink snapper	Pristipomoides seiboldii.
palu-ula, palu-sega	snapper	Pristipomoides zonatus.
malauli	amberjack	Seriola dumerili.

§ 665.102

[Reserved]

§ 665.103

Prohibitions.

In addition to the general prohibitions specified in § 600.725 of this chapter and § 665.15, it is unlawful for any person to fish for American Samoa bottomfish MUS using gear prohibited under § 665.104.

§ 665.104

Gear restrictions.

(a) Bottom trawls and bottom set gillnets. Fishing for American Samoa bottomfish MUS with bottom trawls and bottom set gillnets is prohibited.

(b) Possession of gear. The possession of a bottom trawl or bottom set gillnet within the American Samoa fishery management area is prohibited.

(c) Poisons and explosives. The possession or use of any poisons, explosives, or intoxicating substances for the purpose of harvesting bottomfish is prohibited.

§ 665.105

At-sea observer coverage.

All fishing vessels subject to §§ 665.100 through 665.105 must carry an observer when directed to do so by the Regional Administrator.

§§ 665.106-665.119

[Reserved]

§ 665.120

American Samoa coral reef ecosystem fisheries [Reserved].

§ 665.121

Definitions.

As used in §§ 665.120 through 665.139:

American Samoa coral reef ecosystem management unit species (American Samoa coral reef ecosystem MUS) means all of the Currently Harvested Coral Reef Taxa and Potentially Harvested Coral Reef Taxa listed in this section and which spend the majority of their non-pelagic (post-settlement) life stages within waters less than or equal to 50 fathoms in total depth.

American Samoa Currently Harvested Coral Reef Taxa:

Family name	Samoan name	English common name	Scientific name
Acanthuridae (Surgeonfishes)	afinamea	orange-spot surgeonfish	Acanthurus olivaceus.
		yellowfin surgeonfish	Acanthurus xanthopterus.
	Aanini	convict tang	Acanthurus triostegus.
		eye-striped surgeonfish	Acanthurus dussumieri.
	ponepone, gaitolama	blue-lined surgeon	Acanthurus nigroris.
	Alogo	blue-banded surgeonfish	Acanthurus lineatus.
	pone-i'usama	blackstreak surgeonfish	Acanthurus nigricauda.
	laulama,	whitecheek surgeonfish	Acanthurus nigricans.
	Maogo	white-spotted surgeonfish	Acanthurus guttatus.
		ringtail surgeonfish	Acanthurus blochii.
	ponepone	brown surgeonfish	Acanthurus nigrofuscus.
		elongate surgeonfish	Acanthurus mata.
		mimic surgeonfish	Acanthurus pyroferus.
	Pone	yellow-eyed surgeonfish	Ctenochaetus strigosus.
	pone, pala'ia, logoulia	striped bristletooth	Ctenochaetus striatus.
		two-spot bristletooth	Ctenochaetus binotatus.
	ume-isu	bluespine unicornfish	Naso unicornus.
	ili'ilia, umelei	orangespine unicornfish	Naso lituratus.
		black tongue unicornfish	Naso hexacanthus.
	ume-masimasi	bignose unicornfish	Naso vlamingii.
		whitemargin unicornfish	Naso annulatus.
	ume-ulutao	spotted unicornfish	Naso brevirostris.
		barred unicornfish	Naso thynnoides.
Balistidae (Triggerfishes)	sumu, sumu-laulau	titan triggerfish	Balistoides viridescens.
		orangestriped triggerfish	Balistapus undulatus.
	sumu-`apa'apasina, sumu-si'umumu	pinktail triggerfish	Melichthys vidua.
	sumu-uli	black triggerfish	Melichthys niger.
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	sumu-laulau	blue triggerfish	Pseudobalistes fuscus.
	sumu-uo'uo, sumu-aloalo	picassofish	Rhinecanthus aculeatus.
	sumu-gase'ele'ele	bridled triggerfish	Sufflamen fraenatum.
	Atule	bigeye scad	Selar crumenophthalmus.
	atuleau, namuauli	mackerel scad	Decapterus macarellus.
Carcharhinidae (Sharks)	malie-aloalo	grey reef shark	Carcharhinus amblyrhynchos.
	Aso	silvertip shark	Carcharhinus albimarginatus.
	Malie	Galapagos shark	Carcharhinus galapagensis.
	apeape, malie-alamata	blacktip reef shark	Carcharhinus melanopterus.
	Malu	whitetip reef shark	Triaenodon obesus.
Holocentridae (Soldierfish, squirrelfish	malau-ugatele, malau-va'ava'a	bigscale soldierfish	Myripristis berndti.
	malau-tui	bronze soldierfish	Myripristis adusta.
		blotcheye soldierfish	Myripristis murdjan.
		brick soldierfish	Myripristis amaena.
	malau-mamo, malau-va'ava'a	scarlet soldierfish	Myripristis pralinia.
	malau-tuauli	violet soldierfish	Myripristis violacea.
		whitetip soldierfish	Myripristis vittata.
		yellowfin soldierfish	Myripristis chryseres.
	malau-pu'u	pearly soldierfish	Myripristis kuntee.
		double tooth squirrelfish	Myripristis hexagona.
		blackspot squirrelfish	Sargocentron melanospilos.
	malau-tianiu	file-lined squirrelfish	Sargocentron microstoma.
		pink squirrelfish	Sargocentron tiereoides.
	malau-tui, malau-talapu'u, malau-tusitusi, malau-pauli	crown squirrelfish	Sargocentron diadema.
		peppered squirrelfish	Sargocentron punctatissimum.
		blue-lined squirrelfish	Sargocentron tiere.
	tamalu, mu-malau, malau-toa	saber or long jaw squirrelfish	Sargocentron spiniferum.
		spotfin squirrelfish	Neoniphon spp.
Kuhliidae (Flagtails)	Safole, inato	barred flag-tail	Kuhlia mugil.
Kyphosidae (Rudderfish)	nanue, mata-mutu, mutumutu	rudderfish	Kyphosus cinerascens Kyphosus biggibus.
	Nanue	rudderfish	Kyphosus vaigienses.
Labridae (Wrasses)	lalafi, tagafa malakea	napoleon wrasse	Cheilinus undulatus.
	Lalafi-matamumu	triple-tail wrasse	Cheilinus trilobatus.
	lalafi-matapua'a	floral wrasse	Cheilinus chlorourus.
	lalafi-pulepule	harlequin tuskfish	Cheilinus fasciatus.
	sugale	bandcheek wrasse	Oxycheilinus diagrammus.
	sugale	arenatus wrasse	Oxycheilinus arenatus.
	sugale-tatanu	whitepatch wrasse	Xyrichtys aneitensis.
	sugale-mo'o	cigar wrasse	Cheilio inermis.
	sugale-laugutu, sugale-uli, sugale-aloa, sugale-lupe	blackeye thicklip	Hemigymnus melapterus
	sugale-gutumafia	barred thicklip	Hemigymnus fasciatus.
	lape, sugale-pagota	three-spot wrasse	Halichoeres trimaculatus.
	sugale-a'au, sugale-pagota, ifigi	checkerboard wrasse	Halichoeres hortulanus.
	sugale-uluvela	weedy surge wrasse	Halichoeres margaritaceus.
	uloulo-gatala, patagaloa	surge wrasse	Thalassoma purpureum.
	lape-moana	red ribbon wrasse	Thalassoma quinquevittatum.
	sugale-samasama	sunset wrasse	Thalassoma lutescens.
	sugale-la'o, sugale-taili, sugale-gasufi	rockmover wrasse	Novaculichthys taeniourus.
Mullidae (Goatfishes)	i'asina, vete, afulu	yellow goatfish	Mulloidichthys spp.
	Vete	yellowfin goatfish	Mulloidichthys vanicolensis.
	afolu, afulu	yellowstripe goatfish	Mulloidichthys flavolineatus.
	afoul, afulu	banded goatfish	Parupeneus spp.
	tusia, tulausaena, ta'uleia	dash-dot goatfish	Parupeneus barberinus.
	matulau-moana	doublebar goatfish	Parupeneus bifasciatus.
	moana-ula	redspot goatfish	Parupeneus heptacanthus.
	i'asina, vete, afulu, moana	yellowsaddle goatfish	Parupeneus cyclostomas.
	matulau-ilamutu	side-spot goatfish	Parupeneus pleurostigma.
	i'asina, vete, afulu	multi-barred goatfish	Parupeneus multifaciatus.
Mugilidae (Mullets)	anae, aua. fuafua	fringelip mullet	Crenimugil crenilabis.
	moi, poi	false mullet	Neomyxus leuciscus.
Muraenidae (Moray eels)	Pusi	yellowmargin moray eel	Gymnothorax flavimarginatus.
	maoa'e	giant moray eel	Gymnothorax javanicus.
	pusi-pulepule	undulated moray eel	Gymnothorax undulatus.
Octopodidae (Octopus)	fe'e fe'e	octopus octopus	Octopus cyanea, Octopus ornatus.
Polynemidae	umiumia, i'ausi	threadfin	Polydactylus sexfilis.
Pricanthidae (Bigeye)	matapula	glasseye	Heteropriacanthus cruentatus.
	matapula	bigeye	Priacanthus hamrur.
Scaridae (Parrotfishes)	Fuga	stareye parrotfish	Calotomus carolinus.
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	fuga, galo-uluto'i, fuga-valea, laea-mamanu	parrotfish	Scarus spp.
	ulapokea, laea-ulapokea	Pacific longnose parrotfish	Hipposcarus longiceps.
Scombridae	Tagi	dogtooth tuna	Gymnosarda unicolor.
Siganidae (Rabbitfish)	loloa, lo	forktail rabbitfish	Siganus aregenteus.
Sphyraenidae (Barracuda)	Sapatu	heller's barracuda	Sphyraena helleri.
	Saosao	great barracuda	Sphyraena barracuda.
Turbinidae (turban shells, green snails	Alili	green snails	Turbo spp.

American Samoa Potentially Harvested Coral Reef Taxa:

Samoan name	English common name	Scientific name
sugale, sugale-vaolo, sugale-a'a, lalafi, lape-a'au, la'ofia	wrasses (Those species not listed as CHCRT)	Labrida.
malie, apoapo, moemoeao	sharks (Those species not listed as CHCRT)	Carcharhinidae, Sphyrnidae.
Fai	rays and skates	Dasyatididae, Myliobatidae.
pe'ape'a	batfishes	Ephippidae.
mutumutu, misimisi, ava'ava-moana	sweetlips	Haemulidae.
talitaliuli	remoras	Echeneidae.
mo'o, mo'otai	tilefishes	Malacanthidae.
Tiva	dottybacks	Pseudochromidae.
aneanea, tafuti	prettyfins	Plesiopidae.
Tapua	coral crouchers	Caracanthidae.
	flashlightfishes	Anomalopidae.
gatala, ataata, vaolo, gatala-uli, gatala-sega, gatala-aleva, ateate, apoua, susami, gatala-sina, gatala-mumu	groupers (Those species not listed as CHCRT or BMUS)	Serrandiae.
lupo, lupota, mamalusi, ulua, sapoanae, taupapa, nato, filu, atuleau, malauli-apamoana, malauli-sinasama, malauli-matalapo'a, lai	jacks and scads (Those species not listed as CHCRT or BMUS)	Carangidae.
Malau	soldierfishes and squirrelfishes (Those species not listed as CHCRT)	Holocentridae.
i'asina, vete, afulu, afoul, ulula'oa	goatfishes (Those species not listed as CHCRT)	Mullidae.
pone, palagi	surgeonfishes (Those species not listed as CHCRT)	Acanthuridae.
pelupelu, nefu	herrings	Clupeidae.
nefu, file	anchovies	Engraulidae.
mano'o, mano'o-popo, mano'o-fugafuga, mano'o-apofusami, mano'o-a'au	gobies	Gobiidae.
mu, mu-taiva, tamala, malai, feloitega, mu-mafalaugutu, savane-ulusama, matala'oa	snappers (Those species not listed as CHCRT or BMUS)	Lutjanidae.
sumu, sumu-papa, sumu-taulau	trigger fishes (Those species not listed as CHCRT)	Balistidae.
Lo	rabbitfishes (Those species not listed as CHCRT)	Siganidae.
nanue, matamutu, mutumutu	rudderfishes (Those species not listed as CHCRT)	Kyphosidae.
ulisega, atule-toto	fusiliers	Caesionidae.
filoa, mata'ele'ele, ulamalosi	emperors (Those species not listed as CHCRT or BMUS)	Lethrinidae.
pusi, maoa'e, atapanoa, u'aulu, apeape, fafa, gatamea, pusi-solasulu	eels (Those species not listed as CHCRT)	Muraenidae, Chlopsidae, Congridae, Moringuidae, Ophichthidae.
fo, fo-tusiloloa, fo-si'umu, fo-loloa, fo-tala, fo-manifi, fo-aialo, fo-tuauli	cardinalfishes	Apogonidae.
pe'ape'a, laulaufau	moorish idols	Zanclidae.
tifitifi, si'u, i'usamasama, tifitifi-segaula, laulafau-laumea, alosina	butterfly fishes	Chaetodontidae.
tu'u'u, tu'u'u-sama, tu'u'u-lega, tu'u'u-ulavapua, tu'u'u-matamalu, tu'u'u-alomu, tu'u'u-uluvela, tu'u'u-atugauli, tu'u'u-tusiuli, tu'u'u-manini	angelfishes	Pomacanthidae.
tu'u'u, mutu, mamo, tu'u'u-lumane	damselfishes	Pomacentridae.
i'atala, la'otele, nofu	scorpionfishes	Scorpaenidae.
mano'o, mano'o-mo'o, mano'o-palea, mano'o-la'o	blennies	Blenniidae.
sapatu	barracudas (Those species not listed as CHCRT)	Sphyraenidae.
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la'o, ulutu'i, lausiva	hawkfishes (Those species not listed as CHCRT)	Cirrhitidae.
la'otale, nofu	frogfishes	Antennariidae.
	pipefishes and seahorses	Syngnathidae.
ta'oto	sandperches	Pinguipedidae.
tagi	dog tooth tuna	Gymnosarda unicolor.
taoto-ena, taoto-sama, `au'aulauti, taotito	trumpetfish	Aulostomus chinensis.
taotao, taoto-ama	cornetfish	Fistularia commersoni.
sue, sue-vaolo, sue-va'a, sue-lega, sue-mu, sue-uli, sue-lape, sue-afa, sue-sugale	puffer fishes and porcupine fishes	Tetradontidae.
ali	flounders and soles	Bothidae, Soleidae.
moamoa	trunkfishes	Ostraciidae.
fugafuga, tuitui, sava'e	sea cucumbers and sea urchins	Echinoderms.
amu	blue corals	Heliopora.
amu	organpipe corals	Tubipora.
	ahermatypic corals	Azooxanthellates.
amu	mushroom corals	Fungiidae.
amu	small and large coral polyps
amu	fire corals	Millepora.
amu	soft corals and gorgonians.
lumane, matalelei	anemones	Actinaria.
	soft zoanthid corals (Those species not listed as CHCRT)	Zoanthinaria. Mollusca.
sisi-sami	sea snails	Gastropoda.
aliao, alili		Trochus spp.
sea	sea slugs	Opistobranches.
	black lipped pearl oyster	Pinctada margaritifera.
faisua	giant clam	Tridacnidae.
pipi, asi, fatuaua, tio, pae, fole	other clams	Other Bivalves.
ula, pa'a, kuku, papata	lobsters, shrimps, mantis shrimps, true crabs and hermit crabs (Those species not listed as Crustacean MUS)	Crustaceans.
	sea squirts	Tunicates.
	sponges	Porifera.
amu	lace corals	Stylasteridae.
amu	hydroid corals	Solanderidae.
	segmented worms (Those species not listed as CHCRT)	Annelids.
limu	seaweed	Algae.
	Live rock.
All other American Samoa coral reef ecosystem MUS that are marine plants, invertebrates, and fishes that are not listed in the American Samoa CHCRT table or are not American Samoa bottomfish, crustacean, precious coral, or western Pacific pelagic MUS.

§ 665.122

[Reserved]

§ 665.123

Relation to other laws.

To ensure consistency between the management regimes of different Federal agencies with shared management responsibilities of fishery resources within the American Samoa fishery management area, fishing for American Samoa coral reef ecosystem MUS is not allowed within the boundary of a National Wildlife Refuge unless specifically authorized by the USFWS, regardless of whether that refuge was established by action of the President or the Secretary of the Interior.

§ 665.124

Permits and fees.

(a) Applicability. Unless otherwise specified in this subpart, § 665.13 applies to coral reef ecosystem permits.

(1) Special permit. Any person of the United States fishing for, taking or retaining American Samoa coral reef ecosystem MUS must have a special permit if they, or a vessel which they operate, is used to fish for any:

(i) American Samoa coral reef ecosystem MUS in low-use MPAs as defined in § 665.99;

(ii) American Samoa Potentially Harvested Coral Reef Taxa in the coral reef ecosystem management area; or

(iii) American Samoa coral reef ecosystem MUS in the coral reef ecosystem management area with any gear not specifically allowed in this subpart.

(2) Transshipment permit. A receiving vessel must be registered for use with a transshipment permit if that vessel is used in the American Samoa coral reef ecosystem management area to land or transship PHCRT, or any American Samoa coral reef ecosystem MUS harvested within low-use MPAs.

(3) Exceptions. The following persons are not required to have a permit under this section:

(i) Any person issued a permit to fish under any FEP who incidentally catches American Samoa coral reef ecosystem MUS while fishing for bottomfish MUS, crustacean MUS, western Pacific pelagic MUS, precious coral, or seamount groundfish.

(ii) Any person fishing for American Samoa CHCRT outside of an MPA, who does not retain any incidentally caught American Samoa PHCRT; and

(iii) Any person collecting marine organisms for scientific research as described in § 665.17, or § 600.745 of this chapter.

(b) Validity. Each permit will be valid for fishing only in the fishery management area specified on the permit.

(c) General requirements. General requirements governing application information, issuance, fees, expiration, replacement, transfer, alteration, display, sanctions, and appeals for permits are contained in § 665.13.Start Printed Page 2219

(d) Special permit. The Regional Administrator shall issue a special permit in accordance with the criteria and procedures specified in this section.

(1) Application. An applicant for a special or transshipment permit issued under this section must complete and submit to the Regional Administrator, a Special Coral Reef Ecosystem Fishing Permit Application Form issued by NMFS. Information in the application form must include, but is not limited to, a statement describing the objectives of the fishing activity for which a special permit is needed, including a general description of the expected disposition of the resources harvested under the permit (i.e., stored live, fresh, frozen, preserved; sold for food, ornamental, research, or other use; and a description of the planned fishing operation, including location of fishing and gear operation, amount and species (directed and incidental) expected to be harvested and estimated habitat and protected species impacts).

(2) Incomplete applications. The Regional Administrator may request from an applicant additional information necessary to make the determinations required under this section. An applicant will be notified of an incomplete application within 10 working days of receipt of the application. An incomplete application will not be considered until corrected and completed in writing.

(3) Issuance. (i) If an application contains all of the required information, the Regional Administrator will forward copies of the application within 30 days to the Council, the USCG, the fishery management agency of the affected state, and other interested parties who have identified themselves to the Council, and the USFWS.

(ii) Within 60 days following receipt of a complete application, the Regional Administrator will consult with the Council through its Executive Director, USFWS, and the Director of the affected state fishery management agency concerning the permit application and will receive their recommendations for approval or disapproval of the application based on:

(A) Information provided by the applicant;

(B) The current domestic annual harvesting and processing capacity of the directed and incidental species for which a special permit is being requested;

(D) Estimated ecosystem, habitat, and protected species impacts of the proposed activity; and

(E) Other biological and ecological information relevant to the proposal. The applicant will be provided with an opportunity to appear in support of the application.

(iii) Following a review of the Council's recommendation and supporting rationale, the Regional Administrator may:

(A) Concur with the Council's recommendation and, after finding that it is consistent with the goals and objectives of the FEP, the national standards, the Endangered Species Act, and other applicable laws, approve or deny a special permit; or

(B) Reject the Council's recommendation, in which case, written reasons will be provided by the Regional Administrator to the Council for the rejection.

(iv) If the Regional Administrator does not receive a recommendation from the Council within 60 days of Council receipt of the permit application, the Regional Administrator can make a determination of approval or denial independently.

(v) Within 30 working days after the consultation in paragraph (d)(3)(ii) of this section, or as soon as practicable thereafter, NMFS will notify the applicant in writing of the decision to grant or deny the special permit and, if denied, the reasons for the denial. Grounds for denial of a special permit include the following:

(A) The applicant has failed to disclose material information required, or has made false statements as to any material fact, in connection with his or her application.

(B) According to the best scientific information available, the directed or incidental catch in the season or location specified under the permit would detrimentally affect any coral reef resource or coral reef ecosystem in a significant way, including, but not limited to issues related to, spawning grounds or seasons, protected species interactions, EFH, and habitat areas of particular concern (HAPC).

(C) Issuance of the special permit would inequitably allocate fishing privileges among domestic fishermen or would have economic allocation as its sole purpose.

(D) The method or amount of harvest in the season and/or location stated on the permit is considered inappropriate based on previous human or natural impacts in the given area.

(E) NMFS has determined that the maximum number of permits for a given area in a given season has been reached and allocating additional permits in the same area would be detrimental to the resource.

(F) The activity proposed under the special permit would create a significant enforcement problem.

(vi) The Regional Administrator may attach conditions to the special permit, if it is granted, consistent with the management objectives of the FEP, including, but not limited to: (A) The maximum amount of each resource that can be harvested and landed during the term of the special permit, including trip limits, where appropriate.

(B) The times and places where fishing may be conducted.

(D) Data reporting requirements.

(E) Such other conditions as may be necessary to ensure compliance with the purposes of the special permit consistent with the objectives of the FEP.

(4) Appeals of permit actions. (i) Except as provided in subpart D of 15 CFR part 904, any applicant for a permit or a permit holder may appeal the granting, denial, conditioning, or suspension of their permit or a permit affecting their interests to the Regional Administrator. In order to be considered by the Regional Administrator, such appeal must be in writing, must state the action(s) appealed, and the reasons therefore, and must be submitted within 30 days of the original action(s) by the Regional Administrator. The appellant may request an informal hearing on the appeal.

(ii) Upon receipt of an appeal authorized by this section, the Regional Administrator will notify the permit applicant, or permit holder, as appropriate, and will request such additional information and in such form as will allow action upon the appeal. Upon receipt of sufficient information, the Regional Administrator will rule on the appeal in accordance with the permit eligibility criteria set forth in this section and the FEP, as appropriate, based upon information relative to the application on file at NMFS and the Council and any additional information, the summary record kept of any hearing and the hearing officer's recommended decision, if any, and such other considerations as deemed appropriate. The Regional Administrator will notify all interested persons of the decision, and the reasons therefore, in writing, normally within 30 days of the receipt of sufficient information, unless additional time is needed for a hearing.

(iii) If a hearing is requested, or if the Regional Administrator determines that one is appropriate, the Regional Administrator may grant an informal hearing before a hearing officer Start Printed Page 2220designated for that purpose after first giving notice of the time, place, and subject matter of the hearing in the Federal Register. Such a hearing shall normally be held no later than 30 days following publication of the notice in the Federal Register, unless the hearing officer extends the time for reasons deemed equitable. The appellant, the applicant (if different), and, at the discretion of the hearing officer, other interested parties, may appear personally and/or be represented by counsel at the hearing and may submit information and present arguments as determined appropriate by the hearing officer. Within 30 days of the last day of the hearing, the hearing officer shall recommend in writing a decision to the Regional Administrator.

(iv) The Regional Administrator may adopt the hearing officer's recommended decision, in whole or in part, or may reject or modify it. In any event, the Regional Administrator will notify interested persons of the decision, and the reason(s) therefore, in writing, within 30 days of receipt of the hearing officer's recommended decision. The Regional Administrator's action constitutes final action for the agency for the purposes of the Administrative Procedure Act.

(5) The Regional Administrator may, for good cause, extend any time limit prescribed in this section for a period not to exceed 30 days either upon his or her own motion or upon written request from the Council, appellant or applicant stating the reason(s) therefore.

§ 665.125

Prohibitions.

In addition to the general prohibitions specified in § 600.725 of this chapter and § 665.15 of this part, it is unlawful for any person to do any of the following:

(a) Fish for, take, retain, possess or land any American Samoa coral reef ecosystem MUS in any low-use MPA as defined in § 665.99 unless:

(1) A valid permit has been issued for the hand harvester or the fishing vessel operator that specifies the applicable area of harvest;

(2) A permit is not required, as outlined in § 665.124; or

(3) The American Samoa coral reef ecosystem MUS possessed on board the vessel originated outside the management area and this can be demonstrated through receipts of purchase, invoices, fishing logbooks or other documentation.

(b) Fish for, take, or retain any American Samoa coral reef ecosystem MUS species:

(1) That is determined overfished with subsequent rulemaking by the Regional Administrator;

(2) By means of gear or methods prohibited under § 665.127;

(3) In a low-use MPA without a valid special permit; or

(4) In violation of any permit issued under §§ 665.13, 665.123, or 665.124.

(c) Fish for, take, or retain any wild live rock or live hard coral except under a valid special permit for scientific research, aquaculture seed stock collection or traditional and ceremonial purposes by indigenous people.

§ 665.126

Notifications.

Any special permit holder subject to the requirements of this subpart must contact the appropriate NMFS enforcement agent in American Samoa, Guam, or Hawaii at least 24 hours before landing any coral reef ecosystem MUS unit species harvested under a special permit, and report the port and the approximate date and time at which the catch will be landed.

§ 665.127

Allowable gear and gear restrictions.

(a) American Samoa coral reef ecosystem MUS may be taken only with the following allowable gear and methods:

(1) Hand harvest;

(2) Spear;

(3) Slurp gun;

(4) Hand net/dip net;

(5) Hoop net for Kona crab;

(6) Throw net;

(7) Barrier net;

(8) Surround/purse net that is attended at all times;

(9) Hook-and-line (includes handline (powered or not), rod-and-reel, and trolling);

(10) Crab and fish traps with vessel ID number affixed; and (11) Remote-operating vehicles/submersibles.

(b) American Samoa coral reef ecosystem MUS may not be taken by means of poisons, explosives, or intoxicating substances. Possession or use of these materials by any permit holder under this subpart who is established to be fishing for coral reef ecosystem MUS in the management area is prohibited.

(d) Any person who intends to fish with new gear not included in this section must describe the new gear and its method of deployment in the special permit application. A decision on the permissibility of this gear type will be made by the Regional Administrator after consultation with the Council and the director of the affected state fishery management agency.

§ 665.128

Gear identification.

(a) The vessel number must be affixed to all fish and crab traps on board the vessel or deployed in the water by any vessel or person holding a permit under §§ 665.13 or 665.124 or that is otherwise established to be fishing for American Samoa coral reef ecosystem MUS in the management area.

(b) Enforcement action. (1) Traps not marked in compliance with paragraph (a) of this section and found deployed in the coral reef ecosystem management area will be considered unclaimed or abandoned property, and may be disposed of in any manner considered appropriate by NMFS or an authorized officer.

(2) Unattended surround nets or bait seine nets found deployed in the coral reef ecosystem management area will be considered unclaimed or abandoned property, and may be disposed of in any manner considered appropriate by NMFS or an authorized officer.

§§ 665.129-665.139

[Reserved]

§ 665.140

American Samoa Crustacean Fisheries [Reserved].

§ 665.141

Definitions.

As used in §§ 665.140 through 665.159:

American Samoa crustacean management unit species means the following crustaceans:

Samoan name	English common name	Scientific name
Ula	spiny lobster	Panulirus marginatus, Panulirus penicillatus.
Papata	slipper lobster	Scyllaridae.
pa'a	Kona crab	Ranina ranina.
	deepwater shrimp	Heterocarpus spp.

Crustacean Permit Area 3 (Permit Area 3) includes the EEZ around American Samoa.

§ 665.142

Permits.

(a) Applicability. (1) The owner of any vessel used to fish for lobster in Permit Area 3 must have a permit issued for that vessel.

(2) The owner of any vessel used to fish for deepwater shrimp in Crustacean Permit Area 3 must have a permit issued for that vessel.

(b) General requirements. General requirements governing application information, issuance, fees, expiration, replacement, transfer, alteration, display, sanctions, and appeals for permits issued under this section, as applicable, are contained in § 665.13.

(c) Application. An application for a permit required under this section will be submitted to PIRO as described in § 665.13. If the application for a limited access permit is submitted on behalf of a partnership or corporation, the application must be accompanied by a supplementary information sheet obtained from PIRO and contain the names and mailing addresses of all partners or shareholders and their respective percentage of ownership in the partnership or corporation.

§ 665.143

Prohibitions.

In addition to the general prohibitions specified in § 600.725 of this chapter and § 665.15, in Crustacean Permit Area 3, it is unlawful for any person to fish for, take, or retain deepwater shrimp without a permit issued under § 665.142.

§ 665.144

Notifications.

(a) The operator of any vessel fishing subject to the requirements of this subpart must:

(1) Report, not less than 24 hours, but not more than 36 hours, before landing, the port, the approximate date and the approximate time at which spiny and slipper lobsters will be landed.

(2) Report, not less than 6 hours and not more than 12 hours before offloading, the location and time that offloading of spiny and slipper lobsters will begin.

(b) The Regional Administrator will notify permit holders of any change in the reporting method and schedule required in paragraphs (a)(1) and (a)(2) of this section at least 30 days prior to the opening of the fishing season.

§ 665.145

At-sea observer coverage.

All fishing vessels subject to §§ 665.140 through 665.145 and subpart A of this part must carry an observer when requested to do so by the Regional Administrator.

§§ 665.146-665.159

[Reserved]

§ 665.160

American Samoa precious coral fisheries [Reserved].

§ 665.161

Definitions.

As used in §§ 665.160 through 665.169:

American Samoa precious coral management unit species (American Samoa precious coral MUS) means any coral of the genus Corallium in addition to the following species of corals:

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

American Samoa precious coral permit area means the area encompassing the precious coral beds within the U.S. EEZ around American Samoa. Each bed is designated by a permit area code and assigned to one of the following four categories:

(1) Established beds. [Reserved]

(2) Conditional beds. [Reserved]

(3) Refugia. [Reserved]

(4) Exploratory Area. Permit Area X-P-AS includes all coral beds, other than established beds, conditional beds, or refugia, in the EEZ seaward of American Samoa.

§ 665.162

Permits.

(a) Any vessel of the United States fishing for, taking, or retaining American Samoa precious coral MUS in any American Samoa precious coral permit area must have a permit issued under § 665.13.

(b) Each permit will be valid for fishing only in the permit area specified on the permit. Precious Coral Permit Areas are defined in § 665.161.

(d) No more than one permit will be valid for any one person at any one time.

(e) The holder of a valid permit to fish one permit area may obtain a permit to fish another permit area only upon surrendering to the Regional Administrator any current permit for the precious coral fishery issued under § 665.13.

(f) General requirements governing application information, issuance, fees, expiration, replacement, transfer, alteration, display, sanctions, and appeals for permits for the precious coral fishery are contained in § 665.13.

§ 665.163

Prohibitions.

In addition to the general prohibitions specified in § 600.725 of this chapter and in § 665.15, it is unlawful for any person to:

(a) Use any vessel to fish for, take, retain, possess or land precious coral in any precious coral permit area, unless a permit has been issued for that vessel and area as specified in § 665.13 and that permit is on board the vessel.

(b) Fish for, take, or retain any species of American Samoa precious coral MUS in any precious coral permit area:

(1) By means of gear or methods prohibited by § 665.164.

(2) In refugia specified in § 665.161.

(3) In a bed for which the quota specified in § 665.167 has been attained.

(4) In violation of any permit issued under § 665.13 or § 665.17.

(5) In a bed that has been closed pursuant to §§ 665.166 or 665.169.

(c) Take and retain, possess, or land any live pink coral or live black coral from any precious coral permit area that is less than the minimum height specified in § 665.165 unless:

(1) A valid EFP was issued under § 665.17 for the vessel and the vessel was operating under the terms of the permit; or

(2) The coral originated outside coral beds listed in this paragraph, and this can be demonstrated through receipts of purchase, invoices, or other documentation.

§ 665.164

Gear restrictions.

Only selective gear may be used to harvest coral from any precious coral permit area.

§ 665.165

Size restrictions.

The height of a live coral specimen shall be determined by a straight line measurement taken from its base to its most distal extremity. The stem diameter of a living coral specimen shall be determined by measuring the greatest diameter of the stem at a point no less than 1 inch (2.54 cm) from the top surface of the living holdfast.

(a) Live pink coral harvested from any precious coral permit area must have attained a minimum height of 10 inches (25.4 cm).

(b) Black coral. Live black coral harvested from any precious coral permit area must have attained either a minimum stem diameter of 1 inch (2.54 cm), or a minimum height of 48 inches (122 cm).

§ 665.166

Closures.

(a) If the Regional Administrator determines that the harvest quota for any coral bed will be reached prior to the end of the fishing year, NMFS shall publish a notice to that effect in the Federal Register and shall use other means to notify permit holders. Any such notice must indicate the reason for the closure, the bed being closed, and the effective date of the closure.

(b) A closure is also effective for a permit holder upon the permit holder's actual harvest of the applicable quota.

§ 665.167

Quotas.

(a) General. The quotas limiting the amount of precious coral that may be taken in any precious coral permit area during the fishing year are listed in § 665.167(d). Only live coral is counted toward the quota. The accounting period for all quotas begins July 1, 1983.

(b) Conditional bed closure. A conditional bed will be closed to all nonselective coral harvesting after the quota for one species of coral has been taken.

(c) Reserves and reserve release. The quotas for exploratory area X-P-AS will be held in reserve for harvest by vessels of the United States in the following manner:

(1) At the start of the fishing year, the reserve for the American Samoa exploratory area will equal the quota minus the estimated domestic annual harvest for that year.

(2) As soon as practicable after December 31 each year, the Regional Administrator will determine the amount harvested by vessels of the United States between July 1 and December 31 of the year that just ended on December 31.

(3) NMFS will release to TALFF an amount of precious coral for each exploratory area equal to the quota minus two times the amount harvested by vessels of the United States in that July 1-December 31 period.

(4) NMFS will publish in the Federal Register a notification of the Regional Administrator's determination and a summary of the information on which it is based as soon as practicable after the determination is made.

(d) The American Samoa exploratory permit area X-P-AS has an annual quota of 1,000 kg for all American Samoa precious coral MUS combined with the exception of black corals.

§ 665.168

Seasons.

The fishing year for precious coral begins on July 1 and ends on June 30 the following year.

§ 665.169

Gold coral harvest moratorium.

Fishing for, taking, or retaining any gold coral in any precious coral permit area is prohibited through June 30, 2013.

Subpart C—Hawaii Fisheries

§ 665.198

Management area.

The Hawaii fishery management area is the EEZ seaward of the State of Hawaii, including the Main Hawaiian Islands (MHI) and Northwestern Hawaiian Islands (NWHI), with the inner boundary a line coterminous with the seaward boundaries of the State of Hawaii and the outer boundary a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured.

§ 665.199

Area restrictions [Reserved].

§ 665.200

Hawaii bottomfish and seamount groundfish fisheries [Reserved].

§ 665.201

Definitions.

As used in §§ 665.200 through 665.219:

Hawaii bottomfish management unit species (Hawaii bottomfish MUS) means the following species:

Local name	English common name	Scientific name
Lehi	silver jaw jobfish	Aphareus rutilans.
Uku white papio, ulua au	gray jobfish	Aprion virescens.
kea	giant trevally	Caranx ignobilis.
ulua la`uli	black jack	Caranx lugubris.
hāpu`upu`u	sea bass	Epinephalus quernus.
Ehuonaga, `ula`ula	red snapper	Etelis carbunculus.
koa`e	longtail snapper	Etelis coruscans.
ta`ape	blue stripe snapper	Lutjanus kasmira.
kalekale	yellowtail snapper	Pristipomoides auricilla.
`ōpakapaka	pink snapper	Pristipomoides filamentosus.
kalekale	pink snapper	Pristipomoides seiboldii.
gindai	snapper	Pristipomoides zonatus.
pig ulua, butaguchi	thicklip trevally	Pseudocaranx dentex.
kahala	amberjack	Seriola dumerili.

Hawaii restricted bottomfish species fishing year means the year beginning at 0001 HST on September 1 and ending at 2400 HST on August 31 of the next calendar year.

Main Hawaiian Islands non-commercial bottomfish permit means the permit required by § 665.203(a)(2) to own or fish from a vessel that is used in any non-commercial vessel-based fishing, landing, or transshipment of any Hawaii bottomfish MUS in the MHI Management Subarea.

Protected species study zone means the waters within 50 nm, as designated by the Regional Administrator pursuant to § 665.208, around the following islands of the NWHI and as measured from the following coordinates:Start Printed Page 2223

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

Seamount Groundfish means the following species:

Common name	Scientific name
Armorhead	Pseudopentaceros wheeleri.
Alfonsin	Beryx splendens.
Raftfish	Hyperoglyphe japonica.

§ 665.202

Management subareas.

(a) The Hawaii fishery management area is divided into subareas with the following designations and boundaries:

(1) Main Hawaiian Islands means the U.S. EEZ around the Hawaiian Archipelago lying to the east of 161°20′ W. long.

(2) Northwestern Hawaiian Islands means the EEZ around the Hawaiian Archipelago lying to the west of 161°20′ W. long. For the purposes of regulations issued under this subpart, Midway Island is treated as part of the NWHI Subarea.

(i) Ho'omalu Zone means that portion of the EEZ around the NWHI west of 165° W. long.

(ii) Mau Zone means that portion of the EEZ around the NWHI between 161°20′ W. long. and 165° W. long.

(3) Hancock Seamount means that portion of the EEZ in the Northwestern Hawaiian Islands west of 180°00′ W. long. and north of 28°00′ N. lat.

(b) The inner boundary of each management subarea is a line coterminous with the seaward boundaries of the State of Hawaii.

(c) The outer boundary of each management subarea is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured.

§ 665.203

Permits.

(a) Applicability— (1) Northwestern Hawaiian Islands. The owner of any vessel used to fish for, land, or transship Hawaii bottomfish MUS shoreward of the outer boundary of the NWHI subarea must have a permit issued under this section, and the permit must be registered for use with that vessel. PIRO will not register a single vessel for use with a Ho'omalu Zone permit and a Mau Zone permit at the same time. Mau Zone permits issued before June 14, 1999, became invalid June 14, 1999, except that a permit issued to a person who submitted a timely application under paragraph (b)(3) of this section is valid until the permit holder either receives a Mau Zone limited entry permit or until final agency action is taken on the permit holder's application. The Ho'omalu Zone and the Mau Zone limited entry systems described in this section are subject to abolition, modification, or additional effort limitation programs.

(2) MHI non-commercial. The owner of a vessel that is used for and any person who participates in non-commercial, vessel-based fishing, landing, or transshipment of Hawaii bottomfish MUS in the MHI management subarea is required to obtain an MHI non-commercial bottomfish permit or a State of Hawaii Commercial Marine License. If one or more persons on a vessel-based bottomfish fishing trip holds an MHI non-commercial permit, then the entire trip is considered non-commercial, and not commercial. However, if any commercial fishing occurs during or as a result of a vessel-based fishing trip, then the fishing trip is considered commercial, and not non-commercial. Charter boat customers are not subject to the requirements of the section.

(b) Submission. (1) An application for a permit required under this section must be submitted to PIRO as described in § 665.13.

(2) Ho'omalu Zone limited access permit. In addition to an application under § 665.13(c), each applicant for a Ho'omalu Zone permit must also submit a supplementary information sheet provided by PIRO, which must be signed by the vessel owner or a designee and include the following information:

(i) The qualification criterion that the applicant believes he or she meets for issuance of a limited access permit;

(ii) A copy of landings receipts or other documentation, with a certification from a state or Federal agency that this information is accurate, to demonstrate participation in the NWHI bottomfish fishery; and

(iii) If the application is filed by a partnership or corporation, the names of each of the individual partners or shareholders and their respective percentages of ownership of the partnership or corporation.

(3) Mau Zone limited access permit. PIRO will not accept applications for a new Mau Zone permit after June 14, 1999. In addition to an application under § 665.13(c), each applicant for a Mau Zone permit must also submit a supplementary information sheet provided by PIRO, which must be signed by the vessel owner or a designee and include the following information:

(i) The qualification criterion that the applicant believes he or she meets for issuance of a limited access permit;

(ii) Copy of State of Hawaii catch report(s) to demonstrate that the permitted vessel had made qualifying landings of bottomfish from the Mau Zone; and

(iii) If the application is filed by a partnership or corporation, the names of each of the individual partners or shareholders and their respective percentage of ownership of the partnership or corporation.

(1) A Ho'omalu zone permit may not be sold or otherwise transferred to a new owner.

(2) A Ho'omalu zone permit or permits may be held by a partnership or corporation. If 50 percent or more of the ownership of the vessel passes to persons other than those listed in the original application, the permit will lapse and must be surrendered to the Regional Administrator.

(d) Transfer of Ho'omalu Zone limited access permits to replacement vessels.

(1) Upon application by the owner of a permitted vessel, the Regional Administrator will transfer that owner's permit to a replacement vessel owned by that owner, provided that the replacement vessel does not exceed 60 Start Printed Page 2224ft (18.3 m) LOA. The replacement vessel must be put into service no later than 12 months after the owner applies for the transfer, or the transfer shall be void.

(2) An owner of a permitted vessel may apply to the Regional Administrator for transfer of that owner's permit to a replacement vessel greater than 60 ft (18.3 m) LOA. The Regional Administrator may transfer the permit upon determining, after consultation with the Council and considering the objectives of the limited access program, that the replacement vessel has catching power that is comparable to the rest of the vessels holding permits for the fishery, or has catching power that does not exceed that of the original vessel, and that the transfer is not inconsistent with the objectives of the program. The Regional Administrator shall consider vessel length, range, hold capacity, gear limitations, and other appropriate factors in making determinations of catching power equivalency and comparability of the catching power of vessels in the fishery.

(e) Ho'omalu Zone limited access permit renewal.

(1) A qualifying landing for Ho'omalu Zone permit renewal is a landing of at least 2,500 lb (1,134 kg) of Hawaii bottomfish MUS from the Ho'omalu Zone or a landing of at least 2,500 lb (1,134 kg) of fish from the Ho'omalu Zone, of which at least 50 percent by weight was Hawaii bottomfish MUS. A permit is eligible for renewal for the next calendar year if the vessel covered by the permit made three or more qualifying landings during the current calendar year.

(2) The owner of a permitted vessel that did not make three or more qualifying landings of bottomfish in a year may apply to the Regional Administrator for a waiver of the landing requirement. If the Regional Administrator finds that failure to make three landings was due to circumstances beyond the owner's control, the Regional Administrator may renew the permit. A waiver may not be granted if the failure to make three landings was due to general economic conditions or market conditions, such that the vessel operations would not be profitable.

(f) Issuance of new Ho'omalu Zone limited access permits. The Regional Administrator may issue new Ho'omalu Zone limited access permits under § 665.13 if the Regional Administrator determines, in consultation with the Council, that bottomfish stocks in the Ho'omalu Zone are able to support additional fishing effort.

(g) Eligibility for new Ho'omalu Zone limited access permits. When the Regional Administrator has determined that new permits may be issued, they shall be issued to applicants based upon eligibility, determined as follows:

(1) Point system. (i) Two points will be assigned for each year in which the applicant was owner or captain of a vessel that made three or more of any of the following types of landings in the NWHI:

(A) Any amount of Hawaii bottomfish MUS, regardless of weight, if made on or before August 7, 1985;

(B) At least 2,500 lb (1,134 kg) of Hawaii bottomfish MUS, if made after August 7, 1985; or

(C) At least 2,500 lb (1,134 kg) of any fish lawfully harvested from the NWHI, of which at least 50 percent by weight was bottomfish, if made after August 7, 1985.

(ii) One point will be assigned for each year in which the applicant was owner or captain of a vessel that landed at least 6,000 lb (2,722 kg) of bottomfish from the MHI.

(iii) For any one year, points will be assigned under either paragraph (g)(1)(i) or (g)(1)(ii) of this section, but not under both paragraphs.

(iv) Before the Regional Administrator issues a Ho'omalu zone permit to fish for bottomfish under this section, the primary operator and relief operator named on the application form must have completed a protected species workshop conducted by NMFS.

(2) Restrictions. An applicant must own at least a 25 percent share in the vessel that the permit would cover, and only one permit will be assigned to any vessel.

(3) Order of issuance. New permits shall be awarded to applicants in descending order, starting with the applicant with the largest number of points. If two or more persons have an equal number of points, and there are insufficient new permits for all such applicants, the new permits shall be awarded by the Regional Administrator through a lottery.

(4) Notification. The Regional Administrator shall place a notice in the Federal Register and shall use other means to notify prospective applicants of the opportunity to file applications for new permits under this program.

(h) Eligibility for new Mau Zone limited access permits.

(1) PIRO will issue an initial Mau Zone permit to a vessel owner who qualifies for at least three points under the following point system:

(i) An owner who held a Mau Zone permit on or before December 17, 1991, and whose permitted vessel made at least one qualifying landing of Hawaii bottomfish MUS on or before December 17, 1991, shall be assigned 1.5 points.

(ii) An owner whose permitted vessel made at least one qualifying landing of Hawaii bottomfish MUS during 1991 shall be assigned 0.5 point.

(iii) An owner whose permitted vessel made at least one qualifying landing of Hawaii bottomfish MUS during 1992 shall be assigned 1.0 point.

(iv) An owner whose permitted vessel made at least one qualifying landing of Hawaii bottomfish MUS during 1993 shall be assigned 1.5 points.

(v) An owner whose permitted vessel made at least one qualifying landing of Hawaii bottomfish MUS during 1994 shall be assigned 2.0 points.

(vi) An owner whose permitted vessel made at least one qualifying landing of Hawaii bottomfish MUS during 1995 shall be assigned 2.5 points.

(vii) An owner whose permitted vessel made at least one qualifying landing of Hawaii bottomfish MUS during 1996 shall be assigned 3.0 points.

(viii) Before PIRO issues a Mau Zone permit to fish for bottomfish under this section, the primary operator and relief operator named on the application form must have completed a protected species workshop conducted by NMFS.

(2) For purposes of this paragraph (h), a “qualifying landing” means any amount of Hawaii bottomfish MUS lawfully harvested from the Mau Zone and offloaded for sale. No points shall be assigned to an owner for any qualifying landings reported to the State of Hawaii more than 1 year after the landing.

(3) More than one Mau Zone permit may be issued to an owner of two or more vessels, provided each of the owner's vessels for which a permit will be registered for use has made the required qualifying landings for the owner to be assigned at least three eligibility points.

(4) A Mau Zone permit holder who does not own a vessel at the time initial permits are issued must register the permit for use with a vessel owned by the permit holder within 12 months from the date the permit was issued. In the interim, the permit holder may register the permit for use with a leased or chartered vessel. If within 12 months of initial permit issuance, the permit holder fails to apply to PIRO to register the permit for use with a vessel owned by the permit holder, then the permit shall expire.

(5) For each of paragraphs (h)(1)(i) through (h)(1)(viii) of this section, PIRO shall assign points based on the landings of one permitted vessel to only one owner if the vessel did not have Start Printed Page 2225multiple owners during the time frame covered by the subordinate paragraphs. If a vessel had multiple owners during a time frame covered by any of paragraphs (h)(1)(i) through (h)(1)(viii) of this section (including joint owners, partners, or shareholders of a corporate owner), PIRO will assign the points for that subordinate paragraph to a single owner if only one owner submits an application with respect to the landings of that vessel during that time frame. If multiple owners submit separate applications with respect to the same landings of the same vessel during the same time frame, then PIRO shall:

(i) Adhere to any written agreement between the applicants with respect to who among them shall be assigned the aggregate point(s) generated by landings during such time frame(s), or

(ii) If there is no agreement:

(A) Shall issue the applicants a joint permit provided the vessel's landings during such time frames generated at least three points, or

(B) In the event the vessel's landings during such time frame(s) generated less than three points, shall not assign any points generated by the vessel's landings during such time frame(s).

(i) Ownership requirements and registration of Mau Zone limited access permits for use with other vessels.

(1) A Mau Zone permit may be held by an individual, partnership, or corporation. No more than 49 percent of the underlying ownership interest in a Mau Zone permit may be sold, leased, chartered, or otherwise transferred to another person or entity. If more than 49 percent of the underlying ownership of the permit passes to persons or entities other than those listed in the original permit application supplemental information sheet, then the permit expires and must be surrendered to PIRO.

(2) A Mau Zone permit holder may apply under § 665.13 to PIRO to register the permit for use with another vessel if that vessel is owned by the permit holder, and is no longer than 60 ft (18.3 m) LOA.

(3) If a Mau Zone permit holder sells the vessel for which the permit is registered for use, the permit holder must, within 12 months of the date of sale, apply to PIRO to register the permit for use with a vessel owned by the permit holder. If the permit holder has not applied to register a replacement vessel within 12 months, then the permit expires.

(4) If a permitted vessel owned by the permit holder is sold or becomes unseaworthy, the Mau Zone permit with which the vessel was registered may be registered for use with a leased or chartered vessel for a period not to exceed 12 months from the date of registration of the leased or chartered vessel. If by the end of that 12-month period the permit holder fails to apply to PIRO to register the permit for use with a vessel owned by the permit holder, then the permit expires.

(j) Mau Zone limited access permit renewal.

(1) A Mau Zone permit will be eligible for renewal if the vessel for which the permit is registered for use made at least five separate fishing trips with landings of at least 500 lb (227 kg) of Hawaii bottomfish MUS per trip during the calendar year. Only one landing of bottomfish MUS per fishing trip to the Mau Zone will be counted toward the landing requirement.

(2) If the vessel for which the permit is registered for use fails to meet the landing requirement of paragraph (j)(1) of this section, the owner may apply to the Regional Administrator for a waiver of the landing requirement. Grounds for a waiver are limited to captain incapacitation, vessel breakdowns, and the loss of the vessel at sea if the event prevented the vessel from meeting the landing requirement. Unprofitability is not sufficient for waiver of the landing requirement.

(3) Failure of the permit holder to register a vessel for use under the permit does not exempt a permit holder from the requirements specified in this paragraph.

(k) Appeals of permit actions.

(1) Except as provided in subpart A of 15 CFR part 904, any applicant for a permit or a permit holder may appeal the granting, denial, or revocation of his or her permit to the Regional Administrator.

(2) In order to be considered by the Regional Administrator, such appeal must be in writing, must state the action appealed, and the reasons therefore, and must be submitted within 30 days of the appealed action. The appellant may request an informal hearing on the appeal.

(3) The Regional Administrator, in consultation with the Council, will decide the appeal in accordance with the FEP and implementing regulations and based upon information relative to the application on file at NMFS and the Council, the summary record kept of any hearing, the hearing officer's recommended decision, if any, and any other relevant information.

(4) If a hearing is requested, or if the Regional Administrator determines that one is appropriate, the Regional Administrator may grant an informal hearing before a hearing officer designated for that purpose. The applicant or permit holder may appear personally and/or be represented by counsel at the hearing and submit information and present arguments as determined appropriate by the hearing officer. Within 30 days of the last day of the hearing, the hearing officer shall recommend in writing a decision to the Regional Administrator.

(5) The Regional Administrator may adopt the hearing officer's recommended decision, in whole or in part, or may reject or modify it. The Regional Administrator's decision on the application is the final administrative decision of the Department of Commerce, and is effective on the date the Administrator signs the decision.

§ 665.204

Prohibitions.

In addition to the general prohibitions specified in § 600.725 of this chapter and § 665.15, it is unlawful for any person to do any of the following:

(a) Fish for Hawaii bottomfish or seamount groundfish MUS using gear prohibited under § 665.206.

(b) Fish for, or retain on board a vessel, Hawaii bottomfish MUS in the Ho'omalu Zone or the Mau Zone without the appropriate permit registered for use with that vessel issued under § 665.13.

(c) Serve as primary operator or relief operator on a vessel with a Mau or Ho'omalu Zone permit without completing a protected species workshop conducted by NMFS, as required by § 665.203.

(d) Fail to notify the USCG at least 24 hours prior to making any landing of bottomfish taken in the Ho'omalu Zone, as required by § 665.205.

(e) Fish within any protected species study zone in the NWHI without notifying the Regional Administrator of the intent to fish in these zones, as required under § 664.205.

(f) Falsify or fail to make or file reports of all fishing activities shoreward of the outer boundary of the MHI management subarea, in violation of § 665.14(a) or (b).

(g) Own a vessel or fish from a vessel that is used to fish non-commercially for any Hawaii bottomfish MUS in the MHI management subarea without either a MHI non-commercial bottomfish permit or a State of Hawaii Commercial Marine License, in violation of §§ 665.2 or 665.203(a)(2).

(h) Fish for or possess any Hawaii Restricted Bottomfish Species as specified in § 665.210, in the MHI management subarea after a closure of the fishery, in violation of § 665.211.

(i) Sell or offer for sale any Hawaii Restricted Bottomfish Species, as Start Printed Page 2226specified in § 665.210, after a closure of the fishery, in violation of § 665.211.

(j) Harvest, possess, or land more than a total of five fish (all species combined) identified as Hawaii Restricted Bottomfish Species in § 665.210 from a vessel in the MHI management subarea, while holding a MHI non-commercial bottomfish permit, or while participating as a charter boat customer, in violation of § 665.212.

§ 665.205

Notification.

(a) The owner or operator of a fishing vessel subject to § 665.203(a)(1) must inform PIRO at least 72 hours (not including weekends and holidays) before leaving port, of his or her intent to fish within the protected species study zones defined in § 665.201. The notice must include the name of the vessel, name of the operator, intended departure and return date, and a telephone number at which the owner or operator may be contacted during the business day (8 a.m. to 5 p.m.) to indicate whether an observer will be required on the subject fishing trip.

(b) The operator of a fishing vessel that has taken Hawaii bottomfish MUS in the Ho'omalu Zone must contact the USCG, by radio or otherwise, at the 14th District, Honolulu, HI; Pacific Area, San Francisco, CA; or 17th District, Juneau, AK, at least 24 hours before landing, and report the port and the approximate date and time at which the bottomfish will be landed.

§ 665.206

Gear restrictions.

(a) Bottom trawls and bottom set gillnets. Fishing for Hawaii bottomfish and seamount groundfish MUS with bottom trawls and bottom set gillnets is prohibited.

(b) Possession of gear. Possession of a bottom trawl and bottom set gillnet by any vessel having a permit under § 665.203 or otherwise established to be fishing for Hawaii bottomfish or seamount groundfish MUS in the management subareas is prohibited.

(c) Poisons and explosives. The possession or use of any poisons, explosives, or intoxicating substances for the purpose of harvesting Hawaii bottomfish and seamount groundfish MUS is prohibited.

§ 665.207

At-sea observer coverage.

(a) All fishing vessels subject to §§ 665.200 though 665.212 must carry an observer when directed to do so by the Regional Administrator.

(b) PIRO will advise the vessel owner or operator of any observer requirement within 72 hours (not including weekends or holidays) of receipt of the notice provided pursuant to § 665.205(a). If an observer is required, the owner or operator will be informed of the terms and conditions of observer coverage, and the time and place of embarkation of the observer.

(c) All observers must be provided with sleeping, toilet, and eating accommodations at least equal to that provided to a full crew member. A mattress or futon on the floor, or a cot, is not acceptable in place of a regular bunk. Meal and other galley privileges must be the same for the observer as for other crew members.

(d) Female observers on a vessel with an all-male crew must be accommodated either in a single-person cabin or, if reasonable privacy can be ensured by installing a curtain or other temporary divider, in a two-person cabin shared with a licensed officer of the vessel. If the cabin assigned to a female observer does not have its own toilet and shower facilities that can be provided for the exclusive use of the observer, then a schedule for time-sharing of common facilities must be established and approved by the Regional Administrator prior to the vessel's departure from port.

§ 665.208

Protected species conservation.

The Regional Administrator may change the size of the protected species study zones defined in § 665.201 of this subpart:

(a) If the Regional Administrator determines that a change in the size of the study zones would not result in fishing for bottomfish in the NWHI that would adversely affect any species listed as threatened or endangered under the ESA.

(b) After consulting with the Council.

(c) Through notification in the Federal Register published at least 30 days prior to the effective date or through actual notice to the permit holders.

§ 665.209

Fishing moratorium on Hancock Seamount.

Fishing for Hawaii bottomfish and seamount groundfish MUS on the Hancock Seamount is prohibited through August 31, 2010.

§ 665.210

Hawaii restricted bottomfish species.

Hawaii restricted bottomfish species means the following species:

Local name	English common name	Scientific name
lehi	silver jaw jobfish	Aphareus rutilans.
ehu	squirrelfish snapper	Etelis carbunculus.
onaga	longtail snapper	Etelis coruscans.
opakapaka	Pink snapper	Pristipomoides filamentosus.
kalekale	snapper	Pristipomoides sieboldii.
gindai	snapper	Pristipomoides zonatus.
hapu`upu`u	sea bass	Epinephelus quernus.

§ 665.211

Total Allowable Catch (TAC) limit.

(a) TAC limits will be set annually for the fishing year by NMFS, as recommended by the Council, based on the best available scientific, commercial, and other information, and taking into account the associated risk of overfishing.

(b) The Regional Administrator shall publish a notice indicating the annual TAC limit in the Federal Register by August 31 of each year, and shall use other means to notify permit holders of the TAC limit for the year.

(c) When the TAC limit specified in this section is projected to be reached based on analyses of available information, the Regional Administrator shall publish a notice to that effect in the Federal Register and shall use other means to notify permit holders. The notice will include an advisement that the fishery will be closed beginning at a specified date, which is not earlier than 14 days after the date of filing the closure notice for public inspection at the Office of the Federal Register, until the end of the fishing year in which the TAC is reached.

(d) On and after the date specified in § 665.211(c), no person may fish for or possess any Hawaii Restricted Bottomfish Species as specified in § 665.210 in the MHI management subarea, except as otherwise allowed in this section.

(e) On and after the date specified in § 665.211(c), no person may sell or offer for sale Hawaii Restricted Bottomfish Start Printed Page 2227Species as specified in § 665.210, except as otherwise authorized by law.

(f) Fishing for, and the resultant possession or sale of, Hawaii Restricted Bottomfish Species by vessels legally registered to Mau Zone, Ho‘omalu Zone, or PRIA bottomfish fishing permits and conducted in compliance with all other laws and regulations, is exempted from this section.

§ 665.212

Non-commercial bag limits.

No more than a total of five fish (all species combined) identified as Hawaii Restricted Bottomfish Species as specified in § 665.210, may be harvested, possessed, or landed by any individual participating in a non-commercial vessel-based fishing trip in the MHI management subarea. Charter boat customers are also subject to the bag limit.

§§ 665.213-665.219

[Reserved]

§ 665.220

Hawaii coral reef ecosystem fisheries [Reserved].

§ 665.221

Definitions.

As used in §§ 665.220 through 665.239:

Hawaii coral reef ecosystem management unit species (Hawaii coral reef ecosystem MUS) means all of the Currently Harvested Coral Reef Taxa and Potentially Harvested Coral Reef Taxa listed in this section and which spend the majority of their non-pelagic (post-settlement) life stages within waters less than or equal to 50 fathoms in total depth.

Hawaii Currently Harvested Coral Reef Taxa:

Family name	Local name	English common name	Scientific name
Acanthuridae (Surgeonfishes)	na`ena`e	orange-spot surgeonfish	Acanthurus olivaceus.
	Pualu	yellowfin surgeonfish	Acanthurus xanthopterus.
	Manini	convict tang	Acanthurus triostegus.
	Palani	eye-striped surgeonfish	Acanthurus dussumieri.
	Maiko	blue-lined surgeon	Acanthurus nigroris.
	maiko, maikoiko	whitebar surgeonfish	Acanthurus leucopareius.
		whitecheek surgeonfish	Acanthurus nigricans.
	`api	white-spotted surgeonfish	Acanthurus guttatus.
	Pualu	ringtail surgeonfish	Acanthurus blochii.
	mai`i`i	brown surgeonfish	Acanthurus nigrofuscus.
	Kole	yellow-eyed surgeonfish	Ctenochaetus strigosus.
	NA	striped bristletooth	Ctenochaetus striatus.
	Kala	bluespine unicornfish	Naso unicornus.
	kalalei, umaumalei	orangespine unicornfish	Naso lituratus.
Acanthuridae (Surgeonfishes)	kala holo	black tongue unicornfish	Naso hexacanthus.
	Kala	whitemargin unicornfish	Naso annulatus.
	kala lolo	spotted unicornfish	Naso brevirostris.
		gray unicornfish	Naso caesius.
	lau`ipala	yellow tang	Zebrasoma flavescens.
Balistidae (Triggerfish)	humuhumu hi`ukole	pinktail triggerfish	Melichthys vidua.
	humuhumu `ele`ele	black triggerfish	Melichthys niger.
	humuhumu nukunuku apua`a	picassofish	Rhinecanthus aculeatus.
		bridled triggerfish	Sufflamen fraenatum.
Carangidae (Jacks)	akule, hahalu	bigeye scad	Selar crumenophthalmus.
	`opelu, `opelu mama	mackerel scad	Decapterus macarellus.
Carcharhinidae (Sharks)	Manō	grey reef shark	Carcharhinus amblyrhynchos.
	Manō	galapagos shark	Carcharhinus galapagensis.
	Manō	blacktip reef shark	Carcharhinus melanopterus.
	manō lalakea	whitetip reef shark	Triaenodon obesus.
Holocentridae (Soldierfish/Squirrel- fish)	menpachi, `u`u menpachi, `u`u	bigscale soldierfish brick soldierfish	Myripristis berndti. Myripristis amaena.
	menpachi, `u`u	yellowfin soldierfish	Myripristis chryseres.
	menpachi, `u`u	pearly soldierfish	Myripristis kuntee.
	`ala`ihi	file-lined squirrelfish	Sargocentron microstoma.
	`ala`ihi	crown squirrelfish	Sargocentron diadema.
	`ala`ihi	peppered squirrelfish	Sargocentron punctatissimum.
	`ala`ihi	blue-lined squirrelfish	Sargocentron tiere.
	`ala`ihi	Hawaiian squirrelfish	Sargocentron xantherythrum.
	`ala`ihi	saber or long jaw squirrelfish	Sargocentron spiniferum.
	`ala`ihi	spotfin squirrelfish	Neoniphon spp.
Kuhliidae (Flagtails)	`aholehole	Hawaiian flag-tail	Kuhlia sandvicensis.
Kyphosidae (Rudderfish)	Nenue	rudderfish	Kyphosus biggibus.
	Nenue	rudderfish	Kyphosus cinerascens.
	Nenue	rudderfish	Kyphosus vaigiensis.
Labridae (Wrasses)	`a`awa	saddleback hogfish	Bodianus bilunulatus.
	po`ou	ring-tailed wrasse	Oxycheilinus unifasciatus.
	laenihi, nabeta	razor wrasse	Xyrichtys pavo.
	kupoupou ho`u	cigar wrasse	Cheilio inermis.
		surge wrasse	Thalassoma purpureum.
		red ribbon wrasse	Thalassoma quinquevittatum.
		sunset wrasse	Thalassoma lutescens.
		rockmover wrasse	Novaculichthys taeniourus.
Mullidae (Goatfishes)	Weke	yellow goatfish	Mulloidichthys spp.
	weke nono	orange goatfish	Mulloidichthys pfleugeri.
	weke`ula	yellowfin goatfish	Mulloidichthys vanicolensis.
	weke`a or weke a`a	yellowstripe goatfish	Mulloidichthys flavolineatus.
	kumu, moano	banded goatfish	Parupeneus spp.
Start Printed Page 2228
	Munu	doublebar goatfish	Parupeneus bifasciatus.
	moano kea, moano kale	yellowsaddle goatfish	Parupeneus cyclostomas.
	Malu	side-spot goatfish	Parupeneus pleurostigma.
	Moano	multi-barred goatfish	Parupeneus multifaciatus.
	weke pueo	bandtail goatfish	Upeneus arge.
Mugilidae (Mullets)	`ama`ama	stripped mullet	Mugil cephalus.
	Uouoa	false mullet	Neomyxus leuciscus.
Muraenidae (Moray eels)	puhi paka	yellowmargin moray eel	Gymnothorax flavimarginatus.
	Puhi	giant moray eel	Gymnothorax javanicus.
	puhi laumilo	undulated moray eel	Gymnothorax undulatus.
	Puhi	dragon eel	Enchelycore pardalis.
Octopodidae (Octopus)	he`e mauli, tako	octopus	Octopus cyanea.
	he`e, tako	octopus	Octopus ornatus.
Polynemidae	Moi	threadfin	Polydactylus sexfilis.
Priacanthidae (Big-eyes)	`aweoweo	glasseye	Heteropriacanthus cruentatus.
	`aweoweo	bigeye	Priacanthus hamrur.
Scaridae (Parrotfish)	uhu, palukaluka	parrotfish	Scarus spp.
	panuhunuhu	stareye parrotfish	Calotomus carolinus.
Sphyraenidae (Barracuda)	kawele`a, kaku	Heller's barracuda	Sphyraena helleri.
	Kaku	great barracuda	Sphyraena barracuda.
Turbinidae		green snails turban shells	Turbo spp.
Zanclidae	kihikihi	moorish idol	Zanclus cornutus.
Chaetodontidae	kikakapu	butterflyfish	Chaetodon auriga.
	kikakapu	raccoon butterflyfish	Chaetodon lunula.
	kikakapu	saddleback butterflyfish	Chaetodon ephippium.
Sabellidae		featherduster worm.

Hawaii Potentially Harvested Coral Reef Taxa:

Local name	English common name	Scientific name
Hinalea	wrasses (Those species not listed as CHCRT)	Labridae.
Manō	sharks (Those species not listed as CHCRT)	Carcharhinidae, Sphyrnidae.
Hihimanu	rays and skates	Dasyatididae, Myliobatidae.
roi, hapu`upu `u	groupers, seabass (Those species not listed as CHCRT or in BMUS)	Serrandiae.
	tilefishes	Malacanthidae.
dobe, kagami, pa`opa`o, papa, omaka, ulua	jacks and scads (Those species not listed as CHCRT or in BMUS)	Carangidae.
`u`u	solderfishes and squirrelfishes (Those species not listed as CHCRT)	Holocentridae.
weke, moano, kumu	goatfishes (Those species not listed as CHCRT)	Mullidae.
na`ena `e, maikoiko	surgeonfishes (Those species not listed as CHCRT)	Acanthuridae.
	remoras	Echeneidae.
Puhi	eels (Those species not listed as CHCRT)	Muraenidae, Congridae, Ophichthidae.
`upapalu	cardinalfishes	Apogonidae.
	herrings	Clupeidae.
Nehu	anchovies	Engraulidae.
	coral crouchers	Caracanthidae.
`o`opu	gobies	Gobiidae.
to`au	snappers (Those species not listed as CHCRT or in BMUS)	Lutjanidae.
Nunu	trumpetfish	Aulostomus chinensis.
nunu peke	cornetfish	Fistularia commersoni.
Kihikihi	moorish Idols	Zanclidae.
Kikakapu	butterflyfishes	Chaetodontidae.
	angelfishes	Pomacanthidae.
Mamo	damselfishes	Pomacentridae.
nohu, okoze	scorpionfishes, lionfishes	Scorpaenidae.
pa o'o	blennies	Blenniidae.
Kaku	barracudas (Those species not listed as CHCRT)	Sphyraenidae.
	sandperches	Pinguipedidae.
paki`i	flounders and soles	Bothidae, Soleidae, Pleurnectidae.
Makukana	trunkfishes	Ostraciidae.
humu humu	trigger fishes (Those species not listed as CHCRT)	Balistidae.
Nenue	rudderfishes (Those species not listed as CHCRT)	Kyphosidae.
Start Printed Page 2229
po`opa`a	hawkfishes (Those species not listed as CHCRT)	Cirrhitidae.
`o`opu hue, fugu	puffer fishes and porcupine fishes	Tetradontidae.
	frogfishes	Antennariidae.
	pipefishes and seahorses	Syngnathidae.
namako, lole, wana	sea cucumbers and sea urchins (Those species not listed as CHCRT)	Echinoderms. Mollusca.
ko`a	ahermatypic corals	Azooxanthellates.
ko`a	mushroom corals	Fungiidae.
ko`a	small and large coral polyps
	soft corals and gorgonians
	anemones	Actinaria.
	soft zoanthid corals	Zoanthinaria.
	hydroid corals	Solanderidae.
ko`a	lace corals	Stylasteridae.
ula, a`ama, mo`ala, `alakuma	lobsters, shrimps, mantis shrimps, true crabs and hermit crabs (Those species not listed as CMUS)	Crustaceans.
		Hydrozoans, Bryzoans.
	black-lip pearl oyster	Pinctada margaritifera.
	other clams	Other Bivalves.
	sea squirts	Tunicates.
	sponges	Porifera.
tako, he`e	octopi	Cephalopods.
	sea snails	Gastropoda.
	sea slugs	Opistobranchs.
Limu	seaweed	Algae.
		Live rock.
	segmented worms (Those species not listed as CHCRT)	Annelids.
All other Hawaii coral reef ecosystem MUS that are marine plants, invertebrates, and fishes that are not listed in the Hawaii CHCRT table or are not Hawaii bottomfish, crustacean, precious coral, seamount groundfish or western Pacific pelagic MUS.

§ 665.222

Management area.

The Hawaii coral reef ecosystem management area is as follows:

(a) The U.S. EEZ around the Hawaiian Archipelago lying to the east of 160°50′ W. long.

(b) The inner boundary of the management area is the seaward boundary of the State of Hawaii.

§ 665.223

Relation to other laws.

To ensure consistency between the management regimes of different Federal agencies with shared management responsibilities of fishery resources within the Hawaii coral reef ecosystem management area, fishing for Hawaii coral reef ecosystem MUS is not allowed within the boundary of a National Wildlife Refuge unless specifically authorized by the USFWS, regardless of whether that refuge was established by action of the President or the Secretary of the Interior.

§ 665.224

Permits and fees.

(a) Applicability. Unless otherwise specified in this subpart, § 665.13 applies to Hawaii coral reef ecosystem permits.

(1) Special permit. Any person of the United States fishing for, taking or retaining Hawaii coral reef ecosystem MUS must have a special permit if they, or a vessel which they operate, is used to fish for any:

(i) Hawaii coral reef ecosystem MUS in low-use MPAs as defined in § 665.199;

(ii) Hawaii Potentially Harvested Coral Reef Taxa in the coral reef ecosystem management area; or

(iii) Hawaii coral reef ecosystem MUS in the coral reef ecosystem management area with any gear not specifically allowed in this subpart.

(2) Transshipment permit. A receiving vessel must be registered for use with a transshipment permit if that vessel is used in the Hawaii coral reef ecosystem management area to land or transship PHCRT, or any Hawaii coral reef ecosystem MUS harvested within low-use MPAs.

(3) Exceptions. The following persons are not required to have a permit under this section:

(i) Any person issued a permit to fish under any FEP who incidentally catches Hawaii coral reef ecosystem MUS while fishing for bottomfish MUS, crustacean MUS, western Pacific pelagic MUS, precious coral, or seamount groundfish.

(ii) Any person fishing for Hawaii CHCRT outside of an MPA, who does not retain any incidentally caught Hawaii PHCRT; and

(iii) Any person collecting marine organisms for scientific research as described in § 665.17, or § 600.745 of this chapter.

(b) Validity. Each permit will be valid for fishing only in the fishery management area specified on the permit.

(d) Special permit. The Regional Administrator shall issue a special permit in accordance with the criteria and procedures specified in this section.

(1) Application. An applicant for a special or transshipment permit issued under this section must complete and submit to the Regional Administrator a Special Coral Reef Ecosystem Fishing Permit Application Form issued by NMFS. Information in the application form must include, but is not limited to a statement describing the objectives of the fishing activity for which a special permit is needed, including a general description of the expected disposition Start Printed Page 2230of the resources harvested under the permit (i.e., stored live, fresh, frozen, preserved, sold for food, ornamental, research, or other use, and a description of the planned fishing operation, including location of fishing and gear operation, amount and species (directed and incidental) expected to be harvested and estimated habitat and protected species impacts).

(A) Information provided by the applicant;

(B) The current domestic annual harvesting and processing capacity of the directed and incidental species for which a special permit is being requested;

(D) Estimated ecosystem, habitat, and protected species impacts of the proposed activity; and

(E) Other biological and ecological information relevant to the proposal. The applicant will be provided with an opportunity to appear in support of the application.

(iii) Following a review of the Council's recommendation and supporting rationale, the Regional Administrator may:

(B) Reject the Council's recommendation, in which case, written reasons will be provided by the Regional Administrator to the Council for the rejection.

(A) The applicant has failed to disclose material information required, or has made false statements as to any material fact, in connection with his or her application.

(B) According to the best scientific information available, the directed or incidental catch in the season or location specified under the permit would detrimentally affect any coral reef resource or coral reef ecosystem in a significant way, including, but not limited to, issues related to spawning grounds or seasons, protected species interactions, EFH, and habitat areas of particular concern (HAPC).

(C) Issuance of the special permit would inequitably allocate fishing privileges among domestic fishermen or would have economic allocation as its sole purpose.

(D) The method or amount of harvest in the season and/or location stated on the permit is considered inappropriate based on previous human or natural impacts in the given area.

(E) NMFS has determined that the maximum number of permits for a given area in a given season has been reached and allocating additional permits in the same area would be detrimental to the resource.

(F) The activity proposed under the special permit would create a significant enforcement problem.

(vi) The Regional Administrator may attach conditions to the special permit, if it is granted, consistent with the management objectives of the FEP, including, but not limited to:

(A) The maximum amount of each resource that can be harvested and landed during the term of the special permit, including trip limits, where appropriate.

(B) The times and places where fishing may be conducted.

(D) Data reporting requirements.

(E) Such other conditions as may be necessary to ensure compliance with the purposes of the special permit consistent with the objectives of the FEP.

(ii) Upon receipt of an appeal authorized by this section, the Regional Administrator will notify the permit applicant, or permit holder as appropriate, and will request such additional information in such form as will allow action upon the appeal. Upon receipt of sufficient information, the Regional Administrator will rule on the appeal in accordance with the permit eligibility criteria set forth in this section and the FEP, as appropriate, based on information relative to the application on file at NMFS and the Council and any additional information, the summary record kept of any hearing and the hearing officer's recommended decision, if any, and such other considerations as deemed appropriate. The Regional Administrator will notify all interested persons of the decision, and the reasons therefore, in writing, normally within 30 days of the receipt of sufficient information, unless additional time is needed for a hearing.

(iii) If a hearing is requested, or if the Regional Administrator determines that one is appropriate, the Regional Administrator may grant an informal hearing before a hearing officer designated for that purpose after first giving notice of the time, place, and subject matter of the hearing in the Federal Register. Such a hearing shall normally be held no later than 30 days following publication of the notice in the Federal Register, unless the hearing officer extends the time for reasons deemed equitable. The appellant, the applicant (if different), and, at the discretion of the hearing officer, other interested parties, may appear personally and/or be represented by counsel at the hearing and submit Start Printed Page 2231information and present arguments as determined appropriate by the hearing officer. Within 30 days of the last day of the hearing, the hearing officer shall recommend in writing a decision to the Regional Administrator.

(5) Any time limit prescribed in this section may be extended for good cause, for a period not to exceed 30 days, by the Regional Administrator, either upon his or her own motion or upon written request from the Council, appellant or applicant stating the reason(s) therefore.

§ 665.225

Prohibitions.

In addition to the general prohibitions specified in § 600.725 of this chapter and § 665.15 of this part, it is unlawful for any person to do any of the following:

(a) Fish for, take, retain, possess or land any Hawaii coral reef ecosystem MUS in any low-use MPA as defined in § 665.199 unless:

(1) A valid permit has been issued for the hand harvester or the fishing vessel operator that specifies the applicable area of harvest;

(2) A permit is not required, as outlined in § 665.224; or

(3) The Hawaii coral reef ecosystem MUS possessed on board the vessel originated outside the management area and this can be demonstrated through receipts of purchase, invoices, fishing logbooks or other documentation.

(b) Fish for, take, or retain any Hawaii coral reef ecosystem MUS species:

(1) That is determined overfished with subsequent rulemaking by the Regional Administrator.

(2) By means of gear or methods prohibited under § 665.227.

(3) In a low-use MPA without a valid special permit.

(4) In violation of any permit issued under §§ 665.13 or 665.224.

§ 665.226

Notifications.

Any special permit holder subject to the requirements of this subpart must contact the appropriate NMFS enforcement agent in American Samoa, Guam, or Hawaii at least 24 hours before landing any Hawaii coral reef ecosystem MUS unit species harvested under a special permit, and report the port and the approximate date and time at which the catch will be landed.

§ 665.227

Allowable gear and gear restrictions.

(a) Hawaii coral reef ecosystem MUS may be taken only with the following allowable gear and methods:

(1) Hand harvest;

(2) Spear;

(3) Slurp gun;

(4) Hand net/dip net;

(5) Hoop net for Kona crab;

(6) Throw net;

(7) Barrier net;

(8) Surround/purse net that is attended at all times;

(9) Hook-and-line (includes handline (powered or not), rod-and-reel, and trolling);

(10) Crab and fish traps with vessel ID number affixed; and

(11) Remote-operating vehicles/submersibles.

(b) Hawaii coral reef ecosystem MUS may not be taken by means of poisons, explosives, or intoxicating substances. Possession or use of these materials by any permit holder under this subpart who is established to be fishing for Hawaii coral reef ecosystem MUS in the Hawaii management area is prohibited.

§ 665.228

Gear identification.

(a) The vessel number must be affixed to all fish and crab traps on board the vessel or deployed in the water by any vessel or person holding a permit under §§ 665.13 or 665.224 or that is otherwise established to be fishing for Hawaii coral reef ecosystem MUS in the Hawaii management area.

(b) Enforcement action. (1) Traps not marked in compliance with paragraph (a) of this section and found deployed in the Hawaii coral reef ecosystem management area will be considered unclaimed or abandoned property, and may be disposed of in any manner considered appropriate by NMFS or an authorized officer.

(2) Unattended surround nets or bait seine nets found deployed in the Hawaii coral reef ecosystem management area will be considered unclaimed or abandoned property, and may be disposed of in any manner considered appropriate by NMFS or an authorized officer.

§§ 665.229-665.239

[Reserved]

§ 665.240

Hawaii crustacean fisheries [Reserved].

§ 665.241

Definitions.

As used in §§ 665.240 through 665.259:

Hawaii crustacean management area is divided into the following areas:

(1) Crustacean Permit Area 1 (Permit Area 1) means the EEZ around the NWHI.

(2) Crustacean Permit Area 2 (Permit Area 2) means the EEZ around the MHI.

(3) Crustacean Permit Area 1 VMS Subarea means an area within the EEZ around the NWHI 50 nm from the center geographical positions of the islands and reefs in the NWHI as follows:

Name	N. lat.	W. long.
Nihoa Island	23°05′	161°55′
Necker Island	23°35′	164°40′
French Frigate Shoals	23°45′	166°15′
Gardner Pinnacles	25°00′	168°00′
Maro Reef	25°25′	170°35′
Laysan Island	25°45′	171°45′
Lisianski Island	26°00′	173°55′
Pearl and Hermes Reef	27°50′	175°50′
Midway Island	28°14′	177°22′
Kure Island	28°25′	178°20′
Start Printed Page 2232
The remainder of the VMS subarea is delimited by parallel lines tangent to and connecting the 50-nm areas around the following: from Nihoa Island to Necker Island; from French Frigate Shoals to Gardner Pinnacles; from Gardner Pinnacles to Maro Reef; from Laysan Island to Lisianski Island; and from Lisianski Island to Pearl and Hermes Reef.

Hawaii crustacean management unit species (Hawaii crustacean MUS) means the following crustaceans:

Local name	English common name	Scientific name
Ula	spiny lobster	Panulirus marginatus, Panulirus penicillatus.
ula papapa	slipper lobster	Scyllaridae.
papa`i kua loa	Kona crab	Ranina ranina.
	deepwater shrimp	Heterocarpus spp.

Interested parties means the State of Hawaii Department of Land and Natural Resources, the Council, holders of permits issued under § 665.242, and any person who has notified the Regional Administrator of his or her interest in the procedures and decisions described in § 665.248, and who has specifically requested to be considered an “interested party.”

Lobster grounds refers, singularly or collectively, to the following four areas in Crustacean Permit Area 1 that shall be used to manage the lobster fishery:

(1) Necker Island Lobster Grounds—waters bounded by straight lines connecting the following coordinates in the order presented: 24°00′ N. lat., 165°00′ W. long.; 24°00′ N. lat., 164°00′ W. long.; 23°00′ N. lat., 164°00′ W. long.; and 23°00′ N. lat., 165°00′ W. long.

(2) Gardner Pinnacles Lobster Grounds—waters bounded by straight lines connecting the following coordinates in the order presented: 25°20′ N. lat., 168°20′ W. long.; 25°20′ N. lat., 167°40′ W. long.; 24°20′ N. lat., 167°40′ W. long.; and 24°20′ N. lat., 168°20′ W. long.

(3) Maro Reef Lobster Grounds—waters bounded by straight lines connecting the following coordinates in the order presented: 25°40′ N. lat., 171°00′ W. long.; 25°40′ N. lat., 170°20′ W. long.; 25°00′ N. lat., 170°20′ W. long.; and 25°00′ N. lat., 171°00′ W. long.

(4) General NWHI Lobster Grounds—all waters within Crustacean Permit Area 1 except for the Necker Island, Gardner Pinnacles, and Maro Reef Lobster Grounds.

§ 665.242

Permits.

(a) Applicability. (1) The owner of any vessel used to fish for lobster in Permit Area 1 must have a limited access permit issued for such vessel.

(2) The owner of any vessel used to fish for lobster in Permit Area 2 must have a permit issued for such a vessel.

(3) The owner of any vessel used to fish for deepwater shrimp in Crustacean Permit Areas 1 or 2 must have a permit issued for that vessel.

(4) Harvest of Hawaii crustacean MUS within the Northwestern Hawaiian Islands Marine National Monument is subject to the requirements of 50 CFR part 404.

(d) Lobster Limited Access Permit Requirements. (1) A lobster limited access permit is valid for fishing only in Crustacean Permit Area 1.

(2) Only one permit will be assigned to any vessel.

(3) No vessel owner will have permits for a single vessel to harvest lobsters in Permit Areas 1 and 2 at the same time.

(4) A maximum of 15 limited access permits can be valid at any time.

(e) Transfer or sale of limited access permits. (1) Permits may be transferred or sold, but no one individual, partnership, or corporation will be allowed to hold a whole or partial interest in more than one permit, except that an owner who qualifies initially for more than one permit may maintain those permits, but may not obtain additional permits. Layering of partnerships or corporations shall not insulate a permit holder from this requirement.

(2) If 50 percent or more of the ownership of a limited access permit is passed to persons other than those listed on the permit application, PIRO must be notified of the change in writing and provided copies of the appropriate documents confirming the changes within 30 days.

(3) Upon the transfer or sale of a limited access permit, a new application must be submitted by the new permit owner according to the requirements of § 665.13. The transferred permit is not valid until this process is completed.

(f) Replacement of a vessel covered by a limited access permit. A limited access permit issued under this section may, without limitation as to frequency, be transferred by the permit holder to a replacement vessel owned by that person.

(g) Issuance of limited access permits to future applicants. (1) The Regional Administrator may issue limited access permits under this section when fewer than 15 vessel owners hold active permits.

(2) When the Regional Administrator has determined that limited access permits may be issued to new persons, a notice shall be placed in the Federal Register, and other means will be used to notify prospective applicants of the opportunity to obtain permits under the limited access management program.

(3) A period of 90 days will be provided after publication of the Federal Register notice for submission of new applications for a limited access permit.

(4) Limited access permits issued under this paragraph (g) will be issued first to applicants qualifying under paragraph (g)(4)(i) of this section. If the number of limited access permits available is greater than the number of applicants that qualify under paragraph Start Printed Page 2233(g)(4)(i) of this section, then limited access permits will be issued to applicants under paragraph (g)(4)(ii) of this section.

(i) First priority to receive limited access permits under this paragraph (g) goes to owners of vessels that were used to land lobster from Permit Area 1 during the period 1983 through 1990, and who were excluded from the fishery by implementation of the limited access system. If there are insufficient permits for all such applicants, the new permits shall be issued by the Regional Administrator through a lottery.

(ii) Second priority to receive limited access permits under paragraph (g) goes to owners with the most points, based upon a point system. If two or more owners have the same number of points and there are insufficient permits for all such owners, the Regional Administrator shall issue the permits through a lottery. Under the point system, limited access permits will be issued, in descending order, beginning with owners who have the most points and proceeding to owners who have the least points, based on the following:

(A) Three points shall be assigned for each calendar year after August 8, 1985, that the applicant was the operator of a vessel that was used to land lobster from Permit Area 1.

(B) Two points shall be assigned for each calendar year or partial year after August 8, 1985, that the applicant was the owner, operator, or crew member of a vessel engaged in either commercial fishing in Permit Area 2 for lobster, or fishing in Permit Area 1 for fish other than lobster with an intention to sell all or part of the catch.

(C) One point shall be assigned for each calendar year or partial year after August 8, 1985, that the applicant was the owner, operator, or crew member of a vessel engaged in any other commercial fishing in the EEZ surrounding Hawaii.

(5) A holder of a new limited access permit must own at least a 50 percent share in the vessel that the permit would cover.

§ 665.243

Prohibitions.

In addition to the general prohibitions specified in 50 CFR §§ 600.725 and 665.15, it is unlawful for any person to do any of the following:

(a) In Permit Area 1, it is unlawful for any person to—

(1) Fish for, take, or retain lobsters—

(i) Without a limited access permit issued under § 665.242.

(ii) By methods other than lobster traps or by hand for lobsters, as specified in § 665.245.

(iii) From closed areas for lobsters, as specified in § 665.251.

(iv) During a closed season, as specified in § 665.250.

(v) After the closure date, as specified in § 665.252, and until the fishery opens again in the following calendar year.

(vi) In a lobster grounds after closure of that grounds as specified in § 665.252(b).

(2) Fail to report before landing or offloading as specified in § 665.244.

(3) Fail to comply with any protective measures implemented under § 665.248.

(4) Leave a trap unattended in the Hawaii crustacean management area except as provided in § 665.245.

(5) Maintain on board the vessel or in the water more than 1,200 traps per fishing vessel, of which no more than 1,100 can be assembled traps, as specified in § 665.245.

(6) Land lobsters taken in Permit Area 1 after the closure date, as specified in § 665.252, until the fishery opens again the following year.

(7) Refuse to make available to an authorized officer and employee of NMFS designated by the Regional Administrator for inspection and copying any records that must be made available in accordance with § 665.14(g)(2).

(8) Possess on a fishing vessel that has a limited access permit issued under § 665.242 any lobster trap in Crustacean Permit Area 1 when fishing for lobster is prohibited as specified in §§ 665.248, 665.250(a), or 665.252, or except as allowed under § 665.245(a)(7).

(9) Possess on a fishing vessel that has a limited access permit issued under this subpart any lobster trap in Crustacean Permit Area 1 VMS Subarea when fishing for lobsters is prohibited as specified in §§ 665.248, 665.250(a), or 665.252, except as allowed under § 665.245(a)(8).

(10) Interfere with, tamper with, alter, damage, disable, or impede the operation of a VMS unit or to attempt any of the same while engaged in the Permit Area 1 fishery; or to move or remove a VMS unit while engaged in the Permit Area 1 fishery without first notifying the Regional Administrator.

(11) Make a false statement, oral or written, to the Regional Administrator or an authorized officer, regarding the certification, use, operation, or maintenance of a VMS unit used in the fishery.

(12) Fail to allow an authorized officer to inspect and certify a VMS unit used in the fishery.

(13) Possess, on a fishing vessel that has a limited access permit issued under this subpart, any lobster trap in a lobster grounds that is closed under § 665.252(b), unless the vessel has an operational VMS unit, certified by NMFS, on board.

(b) In Permit Area 2, it is unlawful for any person to—

(1) Fish for, take, or retain lobsters—

(i) By methods other than lobster traps or by hand, as specified in § 665.245; or

(ii) During a closed season, as specified in § 665.250(b).

(2) Retain or possess on a fishing vessel any lobster taken in Permit Area 2 that is less than the minimum size specified in § 665.249.

(3) Possess on a fishing vessel any lobster or lobster part taken in Permit Area 2 in a condition where the lobster is not whole and undamaged as specified in § 665.249.

(4) Retain or possess on a fishing vessel, or remove the eggs from, any egg-bearing lobster, as specified in § 665.249.

(5) Possess on a fishing vessel that has a permit for Permit Area 2 issued under this subpart any lobster trap in Permit Area 2 when fishing for lobster in the MHI is prohibited during the months of May, June, July, and August.

(c) In Crustacean Permit Areas 1 and 2, it is unlawful for any person to fish for, take, or retain deepwater shrimp without a permit issued under § 665.242.

§ 665.244

Notifications.

(a) The operator of any vessel subject to the requirements of this subpart must:

(1) Report, not less than 24 hours, but not more than 36 hours, before landing, the port, the approximate date and the approximate time at which spiny and slipper lobsters will be landed.

(2) Report, not less than 6 hours and not more than 12 hours before offloading, the location and time that offloading of spiny and slipper lobsters will begin.

(b) The Regional Administrator will notify permit holders of any change in the reporting method and schedule required in paragraph (a) of this section at least 30 days prior to the opening of the fishing season.

§ 665.245

Gear restrictions.

(a) Permit Area 1. (1) Lobsters may be taken only with lobster traps or by hand. Lobsters may not be taken by means of poisons, drugs, other chemicals, spears, nets, hook, or explosives.

(2) The smallest opening of an entry way of any lobster trap may not allow any sphere or cylinder greater than 6.5 inches (16.5 cm) in diameter to pass from outside the trap to inside the trap.

(3) Each lobster trap must have a minimum of two escape vent panels that meet the following requirements:Start Printed Page 2234

(i) Panels must have at least four unobstructed circular holes no smaller than 67 mm in diameter, with centers at least 82 mm apart.

(ii) The lowest part of any opening in an escape vent panel must not be more than 85 mm above the floor of the trap.

(iii) Panels must be placed opposite one another in each trap.

(4) A vessel fishing for or in possession of lobster in any permit area may not have on board the vessel any trap that does not meet the requirements of paragraphs (a)(1), (2), and (3) of this section.

(5) A maximum of 1,200 traps per vessel may be maintained on board or in the water, provided that no more than 1,100 assembled traps are maintained on board or in the water. If more than 1,100 traps are maintained, the unassembled traps may be carried as spares only, in order to replace assembled traps that may be lost or become unusable.

(6) Traps shall not be left unattended in any permit area, except in the event of an emergency, in which case the vessel operator must notify the SAC of the emergency that necessitated leaving the traps on the grounds, and the location and number of the traps, within 24 hours after the vessel reaches port.

(7) A vessel whose owner has a limited access permit issued under this subpart and has an operating VMS unit certified by NMFS may enter Crustacean Permit Area 1 with lobster traps on board on or after June 25, but must remain outside the Crustacean Permit Area 1 VMS Subarea until the NWHI lobster season opens on July 1.

(8) A vessel whose owner has a limited access permit issued under this subpart and has on board an operational VMS unit certified by NMFS may transit Crustacean Permit Area 1, including Crustacean Permit Area 1 VMS Subarea, with lobster traps on board for the purpose of moving to another lobster grounds or returning to port following the closure date, as specified in § 665.252, providing the vessel does not stop or fish and is making steady progress to another lobster grounds or back to port as determined by NMFS.

(9) The operator of a permitted vessel must notify the Regional Administrator or an authorized officer no later than June 15 of each year if the vessel will use a VMS unit in the fishery and allow for inspection and certification of the unit.

(b) Permit Area 2. Lobsters may be taken only with lobster traps or by hand. Lobsters may not be taken by means of poisons, drugs, other chemicals, spears, nets, hooks, or explosives.

§ 665.246

Gear identification.

In Permit Area 1, the vessel's official number must be marked legibly on all traps and floats maintained on board the vessel or in the water by that vessel.

§ 665.247

At-sea observer coverage.

All fishing vessels subject to §§ 665.240 though 665.252 and subpart A of this part must carry an observer when requested to do so by the Regional Administrator.

§ 665.248

Monk seal protective measures.

(a) General. This section establishes a procedure that will be followed if the Regional Administrator receives a report of a monk seal death that appears to be related to the lobster fishery in Permit Area 1.

(b) Notification. Upon receipt of a report of a monk seal death that appears to be related to the lobster fishery, the Regional Administrator will notify all interested parties of the facts known about the incident. The Regional Administrator will also notify them that an investigation is in progress, and that, if the investigation reveals a threat of harm to the monk seal population, protective measures may be implemented.

(i) Verify that the incident occurred.

(ii) Determine the extent of the harm to the monk seal population.

(iii) Determine the probability of a similar incident recurring.

(iv) Determine details of the incident such as:

(A) The number of animals involved.

(B) The cause of the mortality.

(D) The relationship of the incident to the reproductive cycle, for example, breeding season (March-September), non-breeding season (October-February).

(E) The population estimates or counts of animals at the island where the incident occurred.

(F) Any other relevant information.

(v) Discover and evaluate any extenuating circumstances.

(vi) Evaluate any other relevant factors.

(2) The Regional Administrator will make the results of the investigation available to the interested parties and request their advice and comments.

(d) Determination of relationship. The Regional Administrator will review and evaluate the results of the investigation and any comments received from interested parties. If there is substantial evidence that the death of the monk seal was related to the lobster fishery, the Regional Administrator will:

(1) Advise the interested parties of his or her conclusion and the facts upon which it is based.

(2) Request from the interested parties their advice on the necessity of protective measures and suggestions for appropriate protective measures.

(e) Determination of response. The Regional Administrator will consider all relevant information discovered during the investigation or submitted by interested parties in deciding on the appropriate response. Protective measures may include, but are not limited to, changes in trap design, changes in gear, closures of specific areas, or closures for specific periods of time.

(f) Action by the Regional Administrator. If the Regional Administrator decides that protective measures are necessary and appropriate, the Regional Administrator will prepare a document that describes the incident, the protective measures proposed, and the reasons for the protective measures; provide it to the interested parties; and request their comments.

(g) Implementation of protective measures. (1) If, after completing the steps described in paragraph (f) of this section, the Regional Administrator concludes that protective measures are necessary and appropriate, the Regional Administrator will recommend the protective measures to the Assistant Administrator and provide notice of this recommendation to the Chairman of the Council and the Director of the Division of Aquatic Resources, Department of Land and Natural Resources, State of Hawaii.

(2) If the Assistant Administrator concurs with the Regional Administrator's recommendation, NMFS will publish an action in the Federal Register that includes a description of the incident that triggered the procedure described in this section, the protective measures, and the reasons for the protective measures.

(h) Notification of “no action.” If, at any point in the process described in this section, the Regional Administrator or Assistant Administrator decides that no further action is required, the interested parties will be notified of this decision.

(i) Effective dates. (1) The protective measures will take effect 10 days after the date of publication in the Federal Register.

(2) The protective measures will remain in effect for the shortest of the following time periods:Start Printed Page 2235

(i) Until the Hawaii FEP and this section are amended to respond to the problem;

(ii) Until other action that will respond to the problem is taken under the ESA;

(iii) Until the Assistant Administrator, following the procedures set forth in paragraph (j) of this section, decides that the protective measures are no longer required and repeals the measures; or

(iv) For the period of time set forth in the Federal Register notification, not to exceed 3 months. The measures may be renewed for 3 months after again following procedures in paragraphs (b) through (g) of this section.

(j) Repeal. (1) If the Assistant Administrator decides that protective measures may no longer be necessary for the protection of monk seals, the Assistant Administrator will notify the interested parties of this preliminary decision and the facts upon which it is based. The Assistant Administrator will request advice on the proposed repeal of the protective measures.

(2) The Assistant Administrator will consider all relevant information obtained by the Regional Administrator or submitted by interested parties in deciding whether to repeal the protective measures.

(3) If the Assistant Administrator decides to repeal the protective measures—

(i) Interested parties will be notified of the decision; and

(ii) Notification of repeal and the reasons for the repeal will be published in the Federal Register.

(k) Monk seal emergency protective measures—(1) Determination of emergency. If, at any time during the process described in paragraphs (a) through (j) of this section, the Regional Administrator determines that an emergency exists involving monk seal mortality related to the lobster fishery and that measures are needed immediately to protect the monk seal population, the Regional Administrator will—

(i) Notify the interested parties of this determination and request their immediate advice and comments.

(ii) Forward a recommendation for emergency action and any advice and comments received from interested parties to the Assistant Administrator.

(2) Implementation of emergency measures. If the Assistant Administrator agrees with the recommendation for emergency action—

(i) The Regional Administrator will determine the appropriate emergency protective measures.

(ii) NMFS will publish the emergency protective measures in the Federal Register.

(iii) The Regional Administrator will notify the interested parties of the emergency protective measures. Holders of permits to fish in Permit Area I will be notified by certified mail. Permit holders that the Regional Administrator knows are on the fishing grounds also will be notified by radio.

(3) Effective dates. (i) Emergency protective measures are effective against a permit holder at 12:01 a.m., local time, of the day following the day the permit holder receives actual notice of the measures.

(ii) Emergency protective measures are effective for 10 days from the day following the day the first permit holder is notified of the protective measures.

(iii) Emergency protective measures may be extended for an additional 10 days, if necessary, to allow the completion of the procedures set out in § 665.252.

§ 665.249

Lobster size and condition restrictions in Permit Area 2.

(a) Only spiny lobsters with a carapace length of 8.26 cm or greater may be retained (see Figure 1 to this part).

(b) Any lobster with a punctured or mutilated body, or a separated carapace and tail, may not be retained.

(c) A female lobster of any size may not be retained if it is carrying eggs externally. Eggs may not be removed from female lobsters.

§ 665.250

Closed seasons.

(a) Lobster fishing is prohibited in Permit Area 1 during the months of January through June, inclusive.

(b) Lobster fishing is prohibited in Permit Area 2 during the months of May, June, July, and August.

§ 665.251

Closed areas.

All lobster fishing is prohibited:

(a) Within 20 nm of Laysan Island.

(b) Within the EEZ landward of the 10-fathom curve as depicted on National Ocean Survey Charts, Numbers 19022, 19019, and 19016.

§ 665.252

Harvest limitation program.

(a) General. Harvest guidelines for the Necker Island Lobster Grounds, Gardner Pinnacles Lobster Grounds, Maro Reef Lobster Grounds, and General NWHI Lobster Grounds for Permit Area 1 will be set annually for the calendar year and shall:

(1) Apply to the total catch of spiny and slipper lobsters.

(2) Be expressed in terms of numbers of lobsters.

(b) Harvest guideline. (1) The Regional Administrator shall use information from daily lobster catch reports and lobster sales reports from previous years, and may use information from research sampling and other sources to establish the annual harvest guideline in accordance with the FEP after consultation with the Council.

(2) NMFS shall publish a document indicating the annual harvest guideline in the Federal Register by February 28 of each year and shall use other means to notify permit holders of the harvest guideline for the year.

(3) The Regional Administrator shall determine, on the basis of the information reported to NMFS by the operator of each vessel fishing, when the harvest guideline for each lobster ground will be reached.

(4) Notice of the date when the harvest guideline for a lobster ground is expected to be reached and specification of the closure date of the lobster grounds will be provided to each permit holder and/or operator of each permitted vessel at least 24 hours in advance of the closure. After a closure, the harvest of lobster in that lobster ground is prohibited, and the possession of lobster traps on board the vessel in that lobster ground is prohibited unless allowed under § 665.245(a)(8).

(5) With respect to the notification in paragraph (b)(4) of this section, NMFS shall provide each permit holder and operator of each permitted vessel with the following information, as appropriate:

(i) Determination of when the overall harvest guideline for Crustacean Permit Area 1 will be reached;

(ii) Closure date after which harvest of lobster or possession of lobster traps on board the vessel in a lobster grounds is prohibited;

(iii) Closure date after which the possession of lobster traps on board the vessel in Crustacean Permit Area 1 is prohibited by any permitted vessel that is not operating a VMS unit certified by NMFS; and

(iv) Specification of when further landings of lobster will be prohibited by permitted vessels not carrying an operational VMS unit, certified by NMFS, on board.

(c) Monitoring and adjustment. The operator of each vessel fishing during the open season shall report lobster catch (by species) and effort (number of trap hauls) data while at sea to NMFS in Honolulu. The Regional Administrator shall notify permit holders of the reporting method, schedule, and logistics at least 30 days prior to the opening of the fishing season.

§§ 665.253-665.259

[Reserved]

§ 665.260

Hawaii precious coral fisheries [Reserved].

§ 665.261

Definitions.

As used in §§ 665.260 through 665.270:

Hawaii precious coral management unit species (Hawaii precious coral MUS) means any coral of the genus Corallium in addition to the following species of corals:

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

Hawaii precious coral permit area means the area encompassing the precious coral beds within the EEZ around Hawaii. Each bed is designated by a permit area code and assigned to one of the following four categories:

(1) Established beds. (i) Makapu'u (Oahu), Permit Area E-B-1, includes the area within a radius of 2.0 nm of a point at 21°18.0′ N. lat., 157°32.5′ W. long.

(ii) Au'au Channel (Maui), Permit Area E-B-2, includes the area west and south of a point at 21°10′ N. lat., 156°40′ W. long., and east of a point at 21° N. lat., 157° W. long., and west and north of a point at 20°45′ N. lat., 156°40′ W. long.

(2) Conditional beds. (i) Keahole Point (Hawaii), Permit Area C-B-1, includes the area within a radius of 0.5 nm of a point at 19°46.0′ N. lat., 156°06.0′ W. long.

(ii) Kaena Point (Oahu), Permit Area C-B-2, includes the area within a radius of 0.5 nm of a point at 21°35.4′ N. lat., 158°22.9′ W. long.

(iii) Brooks Bank, Permit Area C-B-3, includes the area within a radius of 2.0 nm of a point at 24°06.0′ N. lat., 166°48.0′ W. long.

(iv) 180 Fathom Bank, Permit Area C-B-4, N.W. of Kure Atoll, includes the area within a radius of 2.0 nm of a point at 28°50.2′ N. lat., 178°53.4′ W. long.

(3) Refugia. Westpac Bed, Permit Area R-1, includes the area within a radius of 2.0 nm of a point at 23°18′ N. lat., 162°35′ W. long.

(4) Exploratory areas. Permit Area X-P-H includes all coral beds, other than established beds, conditional beds, or refugia, in the EEZ seaward of the State of Hawaii.

§ 665.262

Permits.

(a) Any vessel of the United States fishing for, taking, or retaining Hawaii precious coral MUS in any Hawaiian Archipelago precious coral permit area must have a permit issued under § 665.13.

(b) Each permit will be valid for fishing only in the permit area specified on the permit. Precious Coral Permit Areas are defined in § 665.261.

(d) No more than one permit will be valid for any one person at any one time.

§665.263

Prohibitions.

In addition to the general prohibitions specified in 50 CFR 600.725 and in 665.15, it is unlawful for any person to:

(a) Use any vessel to fish for, take, retain, possess or land precious coral in any Hawaii precious coral permit area, unless a permit has been issued for that vessel and area as specified in § 665.13 and that permit is on board the vessel.

(b) Fish for, take, or retain any species of Hawaii precious coral MUS in any precious coral permit area:

(1) By means of gear or methods prohibited by § 665.264.

(2) In refugia specified in § 665.261.

(3) In a bed for which the quota specified in § 665.269 has been attained.

(4) In violation of any permit issued under §§ 665.13 or 665.17.

(5) In a bed that has been closed pursuant to §§ 665.268 or 665.270.

(c) Take and retain, possess, or land any live pink coral or live black coral from any precious coral permit area that is less than the minimum height specified in § 665.265 unless:

(1) A valid EFP was issued under § 665.17 for the vessel and the vessel was operating under the terms of the permit; or

(2) The coral originated outside coral beds listed in this paragraph, and this can be demonstrated through receipts of purchase, invoices, or other documentation.

§ 665.264

Gear restrictions.

Only selective gear may be used to harvest coral from any precious coral permit area.

§ 665.265

Size restrictions.

(a) Live pink coral harvested from any precious coral permit area must have attained a minimum height of 10 inches (25.4 cm).

(b) Black coral. Live black coral harvested from any precious coral permit area must have attained either a minimum stem diameter of 1 inch (2.54 cm), or a minimum height of 48 inches (122 cm).

§ 665.266

Area restrictions.

Fishing for coral on the WestPac Bed is not allowed. The specific area closed to fishing is all waters within a 2-nm radius of the midpoint of 23°18.0′ N. lat., 162°35.0′ W. long.

§ 665.267

Seasons.

The fishing year for precious coral begins on July 1 and ends on June 30 the following year, except at the Makapu'u and Au'au Channel Beds, which have a two-year fishing period that begins July 1 and ends June 30, two years later.

§ 665.268

Closures.

(a) If the Regional Administrator determines that the harvest quota for any coral bed will be reached prior to the end of the fishing year, or the end of the 2-year fishing period at Makapu'u Bed or Au'au Channel Bed, NMFS shall publish a notice to that effect in the Federal Register and shall use other Start Printed Page 2237means to notify permit holders. Any such notice must indicate the reason for the closure, the bed being closed, and the effective date of the closure.

(b) A closure is also effective for a permit holder upon the permit holder's actual harvest of the applicable quota.

§ 665.269

Quotas.

(a) General. The quotas limiting the amount of precious coral that may be taken in any precious coral permit area during the fishing year are listed in § 665.269(d). Only live coral is counted toward the quota. The accounting period for all quotas begins July 1, 1983.

(b) Conditional bed closure. A conditional bed will be closed to all nonselective coral harvesting after the quota for one species of coral has been taken.

(c) Reserves and reserve release. The quotas for exploratory area X-P-H will be held in reserve for harvest by vessels of the United States in the following manner:

(1) At the start of the fishing year, the reserve for the Hawaii exploratory areas will equal the quota minus the estimated domestic annual harvest for that year.

(3) NMFS will release to TALFF an amount of Hawaii precious coral for each exploratory area equal to the quota minus two times the amount harvested by vessels of the United States in that July 1-December 31 period.

(d) Quotas for precious coral permit areas.

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

§ 665.270

Gold coral harvest moratorium.

Fishing for, taking, or retaining any gold coral in any precious coral permit area is prohibited through June 30, 2013.

Subpart D—Mariana Archipelago Fisheries

§ 665.398

Management area.

The Mariana fishery management area is the EEZ seaward of Guam and CNMI with the inner boundary a line coterminous with the seaward boundaries of Guam and CNMI and the outer boundary a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured, or is coterminous with adjacent international maritime boundaries.

§ 665.399

Area restrictions.

Anchoring by all fishing vessels over 50 ft (15.25 m) LOA is prohibited in the U.S. EEZ seaward of Guam west of 144°30′ E. long. except in the event of an emergency caused by ocean conditions or by a vessel malfunction that can be documented.

§ 665.400

Mariana bottomfish fisheries [Reserved].

§ 665.401

Definitions.

As used in §§ 665.400 through 665.419:

CNMI commercial bottomfish permit means the permit required by § 665.404(a)(2) to engage in commercial fishing for Mariana bottomfish MUS in the CNMI management subarea.

Guam bottomfish permit means the permit required by § 665.404(a)(1) to use a large vessel to fish for, land, or transship Mariana bottomfish MUS shoreward of the outer boundary of the Guam subarea of the Mariana fishery management area.

Mariana bottomfish management unit species (Mariana bottomfish MUS) means the following fish:

Local name Chamorro/Carolinian	English common name	Scientific name
Lehi/maroobw	red snapper, silvermouth	Aphareus rutilans.
Gogunafon/aiwe	gray snapper, jobfish	Aprion virescens.
Tarakitu/etam	Giant trevally, jack	Caranx ignobilis.
Tarakiton attelong/orong	Black trevally, jack	Caranx lugubris.
Gadao/meteyil	blacktip grouper	Epinephelus fasciatus.
Start Printed Page 2238
Bueli/bwele	lunartail grouper	Variola louti.
Buninas agaga'/falaghal moroobw	red snapper	Etelis carbunculus.
Abuninas/taighulupegh	red snapper	Etelis coruscans.
Mafuti/atigh	redgill emperor	Lethrinus rubrioperculatus.
Mafuti/loot	Ambon emperor	Lethrinus amboinensis.
Funai/saas	blueline snapper	Lutjanus kasmira.
Buninas/falaghal-maroobw	yellowtail snapper	Pristipomoides auricilla.
Buninas or pakapaka/falaghal-maroobw	pink snapper	Pristipomoides filamentosus.
Buninas/falaghal-maroobw	yelloweye snapper	Pristipomoides flavipinnis.
	pink snapper	Pristipomoides seiboldii.
Buninas rayao amariyu/falaghal-maroobw	snapper	Pristipomoides zonatus.
Tarakiton tadong/Meseyugh	amberjack	Seriola dumerili.

§ 665.402

Management subareas.

The Mariana fishery management area is divided into bottomfish management subareas with the following designations and boundaries:

(a) Guam Management Subarea means the EEZ seaward of the Territory of Guam, with the inner boundary defined as a line coterminous with the seaward boundary of the Territory of Guam.

(b) CNMI Management Subarea means the EEZ seaward of the CNMI. The CNMI Management Subarea is further divided into subareas with the following designations and boundaries:

(1) CNMI Inshore Area means that portion of the EEZ within 3 nautical miles from the shoreline of the CNMI.

(2) CNMI Offshore Area means that portion of the EEZ seaward of 3 nautical miles from the shoreline of the CNMI.

(c) The outer boundary of each fishery management area is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured, or is coterminous with adjacent international maritime boundaries, except that the outer boundary of the CNMI Inshore Area is 3 nautical miles from the shoreline. The boundary between the fishery management areas of Guam and CNMI extends to those points which are equidistant between Guam and the island of Rota in the CNMI. CNMI and Guam management subareas are divided by a line intersecting these two points: 148° E. long., 12° N. lat., and 142° E. long., 16° N. lat.

§ 665.403

Bottomfish fishery area management.

(a) Guam large vessel bottomfish prohibited area (Area GU-1). A large vessel of the United States, as defined in § 665.12, may not be used to fish for Mariana bottomfish MUS in the Guam large vessel bottomfish prohibited area, defined as the U.S. EEZ waters surrounding Guam that are enclosed by straight lines connecting the following coordinates in the order listed:

Point	N. lat.	E. long.
GU-1-A	14°16′	144°17′
GU-1-B	13°50′	143°52′
GU-1-C	13°17′	143°46′
GU-1-D	12°50′	143°54′
GU-1-E	12°30′	144°14′
GU-1-F	12°25′	144°51′
GU-1-G	12°57′	145°33′
GU-1-H	13°12′	145°43′
GU-1-I	13°29′44″	145°48′27″
GU-1-A	14°16′	144°17′

(b) CNMI medium and large vessel bottomfish prohibited areas. A medium or large vessel of the United States, as defined in § 665.12, may not be used to fish commercially for Mariana bottomfish MUS in the following areas:

(1) CNMI Southern Islands (Area NM-1). The CNMI Southern Islands prohibited area is defined as the waters of the U.S. EEZ surrounding CNMI that are enclosed by straight lines connecting the following coordinates in the order listed:

Point	N. lat.	E. long.
NM-1-A	14°9′	144°15′
NM-1-B	16°10′47″	145°12′
NM-1-C	16°10′47″	146°53′
NM-1-D	14°48′	146°33′
NM-1-E	13°27′	145°43′
NM-1-A	14°9′	144°15′

(2) CNMI Alamagan Island (Area NM-2). The CNMI Alamagan Island prohibited area is defined as the waters of the U.S. EEZ surrounding CNMI that are enclosed by straight lines connecting the following coordinates in the order listed:

Point	N. lat.	E. long.
NM-2-A	17°26′	145°40′
NM-2-B	17°46′	145°40′
NM-2-C	17°46′	146°00′
NM-2-D	17°26′	146°00′
NM-2-A	17°26′	145°40′

§ 665.404

Permits.

(a) Applicability—(1) Guam large vessel. The owner of any large vessel used to fish for, land, or transship Mariana bottomfish MUS shoreward of the outer boundary of the Guam subarea must have a permit issued under this section, and the permit must be registered for use with that vessel.

(2) Commonwealth of the Northern Mariana Islands (CNMI) commercial. The owner of any vessel used to commercially fish for, transship, receive, or land Mariana bottomfish MUS shoreward of the outer boundary of the CNMI management subarea must have a permit issued under this section, and the permit must be registered for use with that vessel.

(b) Submission. An application for a permit required under this section must be submitted to PIRO as described in § 665.13.

§ 665.405

Prohibitions.

In addition to the general prohibitions specified in § 600.725 of this chapter and § 665.15, it is unlawful for any person to do any of the following:

(a) Fish for Mariana bottomfish MUS using gear prohibited under § 665.406.

(b) Use a large vessel that does not have a valid Guam bottomfish permit registered for use with that vessel to fish for, land, or transship Mariana bottomfish MUS shoreward of the outer boundary of the Guam management subarea of the bottomfish fishery management area in violation of § 665.404(a).

(c) Use a large vessel to fish for Mariana bottomfish MUS within the Guam large vessel bottomfish prohibited area, as defined in § 665.403(a).

(d) Land or transship, shoreward of the outer boundary of the Guam management subarea of the bottomfish fishery management area, Mariana bottomfish MUS that were harvested in violation of § 665.405(c).

(e) Use a vessel to fish commercially for Mariana bottomfish MUS shoreward of the outer boundary of the CNMI management subarea without a valid CNMI commercial bottomfish permit registered for use with that vessel, in violation of § 665.404(a)(2).Start Printed Page 2239

(f) Use a medium or large vessel, as defined in § 665.12, to fish for Mariana bottomfish MUS within the CNMI medium and large vessel bottomfish prohibited areas, as defined in § 665.403(b).

(g) Retain, land, possess, sell, or offer for sale, shoreward of the outer boundary of the CNMI management subarea, Mariana bottomfish MUS that were harvested in violation of § 665.405(f), except that Mariana bottomfish MUS that are harvested legally may be transferred to a receiving vessel shoreward of the outer boundary of the CNMI medium and large vessel bottomfish prohibited area as defined in § 665.403(b).

(h) Falsify or fail to make, keep, maintain, or submit a Federal logbook as required under § 665.14(b) when using a vessel to engage in commercial fishing for Mariana bottomfish MUS shoreward of the outer boundary of the CNMI management subarea in violation of § 665.14(b).

§ 665.406

Gear restrictions.

(a) Bottom trawls and bottom set gillnets. Fishing for bottomfish with bottom trawls and bottom set gillnets is prohibited.

(b) Possession of gear. Possession of a bottom trawl and bottom set gillnet by any vessel having a permit under § 665.404 or otherwise established to be fishing for bottomfish in the management subareas is prohibited.

(c) Poisons and explosives. The possession or use of any poisons, explosives, or intoxicating substances for the purpose of harvesting bottomfish is prohibited.

§ 665.407

At-sea observer coverage.

All fishing vessels subject to §§ 665.400 through 665.407 must carry an observer when directed to do so by the Regional Administrator.

§§ 665.408-665.419

[Reserved]

§ 665.420

Mariana coral reef ecosystem fisheries [Reserved].

§ 665.421

Definitions.

As used in §§ 665.420 through 665.439:

Mariana coral reef ecosystem management unit species (Mariana coral reef ecosystem MUS) means all of the Currently Harvested Coral Reef Taxa and Potentially Harvested Coral Reef Taxa listed in this section and which spend the majority of their non-pelagic (post-settlement) life stages within waters less than or equal to 50 fathoms in total depth.

Mariana Currently Harvested Coral Reef Taxa:

Family name	Local name (Chamorro/ Carolinian)	English common name	Scientific name
Acanthuridae (Surgeonfishes)		orange-spot surgeonfish	Acanthurus olivaceus.
	hugupao dangulo/mowagh	yellowfin surgeonfish	Acanthurus xanthopterus.
	Kichu/limell	convict tang	Acanthurus triostegus.
		eye-striped surgeonfish	Acanthurus dussumieri.
		blue-lined surgeon	Acanthurus nigroris.
		whitebar surgeonfish	Acanthurus leucopareius.
		whitebar surgeonfish	Acanthurus leucopareius.
	Hiyok/filaang	blue-banded surgeonfish	Acanthurus lineatus.
		blackstreak surgeonfish	Acanthurus nigricauda.
		whitecheek surgeonfish	Acanthurus nigricans.
		white-spotted surgeonfish	Acanthurus guttatus.
		ringtail surgeonfish	Acanthurus blochii.
		brown surgeonfish	Acanthurus nigrofuscus.
		mimic surgeonfish	Acanthurus pyroferus.
		Yellow tang	Zebrasoma flavescens.
		striped bristletooth	Ctenochaetus striatus.
		twospot bristletooth	Ctenochaetus binotatus.
	tataga/igh-falafal	bluespine unicornfish	Naso unicornus.
	hangon/bwulaalay	orangespine unicornfish	Naso lituratus.
		humpnose unicornfish	Naso tuberosus.
		black tongue unicornfish	Naso hexacanthus.
		bignose unicornfish	Naso vlamingii.
		whitemargin unicornfish	Naso annulatus.
		spotted unicornfish	Naso brevirostris.
		humpback unicornfish	Naso brachycentron.
		gray unicornfish	Naso caesius.
Balistidae (Triggerfishes)		titan triggerfish	Balistoides viridescens.
		clown triggerfish	Balistoides conspicillum.
		orange striped triggerfish	Balistapus undulatus.
		pinktail triggerfish	Melichthys vidua.
		black triggerfish	Melichthys niger.
		blue triggerfish	Pseudobalistes fuscus.
		Picassofish	Rhinecanthus aculeatus.
		wedged Picassofish	Balistoides rectangulus.
		bridled triggerfish	Sufflamen fraenatus.
Carangidae (Jacks)	atulai/peti	Bigeye scad	Selar crumenophthalmus.
		mackerel scad	Decapterus macarellus.
Carcharhinidae (Sharks)		grey reef shark	Carcharhinus amblyrhynchos.
		silvertip shark	Carcharhinus albimarginatus.
		Galapagos shark	Carcharhinus galapagensis.
		blacktip reef shark	Carcharhinus melanopterus.
		whitetip reef shark	Triaenodon obesus.
Holocentridae (Solderfish/Squirrelfish	saksak/mweel	bigscale soldierfish	Myripristis berndti.
	sagamelon	bronze soldierfish	Myripristis adusta.
	sagamelon	blotcheye soldierfish	Myripristis murdjan.
	sagamelon	brick soldierfish	Myripristis amaena.
Start Printed Page 2240
	sagamelon	scarlet soldierfish	Myripristis pralinia.
	sagamelon	violet soldierfish	Myripristis violacea.
	sagamelon	whitetip soldierfish	Myripristis vittata.
	sagamelon	yellowfin soldierfish	Myripristis chryseres.
	sagamelon	pearly soldierfish	Myripristis kuntee.
	sagamelon	tailspot squirrelfish	Sargocentron caudimaculatum.
		file-lined squirrelfish	Sargocentron microstoma.
	chalak	crown squirrelfish	Sargocentron diadema.
	sagsag/leet	blue-lined squirrelfish	Sargocentron tiere.
	sisiok	saber or long jaw squirrelfish	Sargocentron spiniferum.
	sagsag/leet	spotfin squirrelfish	Neoniphon spp.
Kuhliidae (Flagtails)		barred flag-tail	Kuhlia mugil.
Kyphosidae (Rudderfish)	Guili	rudderfish	Kyphosus biggibus.
	Guili/schpwul	rudderfish	Kyphosus cinerascens.
	guilen puengi/reel	rudderfish	Kyphosus vaigienses.
Labridae (Wrasses)	tangison/maam	floral wrasse	Cheilinus chlorourus.
	tangison/maam	napoleon wrasse	Cheilinus undulatus.
	lalacha mamate/Porou	triple-tail wrasse	Cheilinus trilobatus.
		harlequin tuskfish, red-breasted wrasse	Cheilinus fasciatus.
		ring-tailed wrasse	Oxycheilinus unifasciatus.
		razor wrasse	Xyrichtys pavo.
		whitepatch wrasse	Xyrichtys aneitensis.
		cigar wrasse	Cheilio inermis.
		blackeye thicklip	Hemigymnus melapterus.
		barred thicklip	Hemigymnus fasciatus.
		three-spot wrasse	Halichoeres trimaculatus.
		checkerboard wrasse	Halichoeres hortulanus.
		weedy surge wrasse	Halichoeres margaritacous.
		three-spot wrasse	Halichoeres trimaculatus.
		surge wrasse	Thalassoma purpureum.
		red ribbon wrasse	Thalassoma quinquevittatum.
		sunset wrasse	Thalassoma lutescens.
		longface wrasse	Hologynmosus doliatus.
		rockmover wrasse	Novaculichthys taeniourus.
Mullidae (Goatfishes)		yellow goatfish	Mulloidichthys spp.
	satmoneti/wichigh	yellowfin goatfish	Mulloidichthys vanicolensis.
	satmoneti (adult) ti'ao (juvenile)	yellowstripe goatfish	Mulloidichthys flaviolineatus.
		banded goatfish	Parupeneus spp.
	satmonetiyo/failighi	dash-dot goatfish	Parupeneus barberinus.
	satmoneti acho/sungoongo	doublebar goatfish	Parupeneus bifasciatus.
		redspot goatfish	Parupeneus heptacanthus.
	satmoneti (adult) ti'ao (juvenile)	white-lined goatfish	Parupeneus ciliatus.
	satmoneti (adult) ti'ao (juvenile)	yellowsaddle goatfish	Parupeneus cyclostomas.
	satmoneti (adult) ti'ao (juvenile)	side-spot goatfish	Parupeneus pleurostigma.
	satmoneti (adult) ti'ao (juvenile)	multi-barred goatfish	Parupeneus multifaciatus.
		band tail goatfish	Upeneus arge.
Mugilidae (Mullets)	laiguan (adult) Agues (juvenile)	striped mullet	Mugil cephalus.
	laiguan (adult) Agues (juvenile)	Engel's mullet	Moolgarda engeli.
	laiguan (adult) Agues (juvenile)	fringelip mullet	Crenimugil crenilabis.
Muraenidae (Moray eels)		yellowmargin moray eel	Gymnothorax flavimarginatus.
		giant moray eel	Gymnothorax javanicus.
		undulated moray eel	Gymnothorax undulatus.
Octopodidae (Octopus)	gamsun	octopus	Octopus cyanea.
	gamsun	octopus	Octopus ornatus.
Polynemidae		threadfin	Polydactylus sexfilis.
Pricanthidae (Bigeye)		glasseye	Heteropriacanthus cruentatus.
		Bigeye	Priacanthus hamrur.
Scaridae (Parrotfishes)	atuhong/roow	humphead parrotfish	Bolbometopon muricatum.
	palakse (sm.) laggua (lg.)	parrotfish	Scarus spp.
	gualafi/oscha	Pacific longnose parrotfish	Hipposcarus longiceps.
	palaksin chaguan	stareye parrotfish	Calotomus carolinus.
Scombridae	White tuna/ayul	dogtooth tuna	Gymnosarda unicolor.
Siganidae (Rabbitfish)	hiting/manahok/llegh	forktail rabbitfish	Siganus aregentus.
	hiting	golden rabbitfish	Siganus guttatus.
	hiting galagu	gold-spot rabbitfish	Siganus punctatissimus.
		Randall's rabbitfish	Siganus randalli.
	hiting/sesyon/palawa	scribbled rabbitfish	Siganus spinus.
	hiting	vermiculate rabbitfish	Siganus vermiculatus.
Sphyraenidae (Barracuda)		Heller's barracuda	Sphyraena helleri.
		great barracuda	Sphyraena barracuda.
Turbinidae (turban/green snails)	aliling pulan/aliling tulompu	green snails	Turbo spp.
		turban shells.

Mariana Potentially Harvested Coral Reef Taxa:

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

§ 665.422

Management area.

The Mariana coral reef management area consists of the U.S. EEZ around Guam and the offshore area of the CNMI or that portion of the U.S. EEZ around CNMI between three nautical miles offshore and the outer boundary of the U.S. EEZ. The inner boundary of the management area is the seaward boundaries of the Territory of Guam, and a line three nautical miles seaward from the shoreline of CNMI. The outer boundary of the management area is the outer boundary of the U.S. EEZ or adjacent international maritime boundaries. The CNMI and Guam management area is divided by a line intersecting these two points: 148° E. long., 12° N. lat., and 142° E. long., 16° N. lat.

§ 665.423

Relation to other laws.

To ensure consistency between the management regimes of different Federal agencies with shared management responsibilities of fishery resources within the Mariana coral reef ecosystem management area, fishing for Mariana coral reef ecosystem MUS is not allowed within the boundary of a National Wildlife Refuge unless specifically authorized by the USFWS, regardless of whether that refuge was established by action of the President or the Secretary of the Interior.

§ 665.424

Permits and fees.

(a) Applicability. Unless otherwise specified in this subpart, § 665.13 applies to coral reef ecosystem permits.

(1) Special permit. Any person of the United States fishing for, taking or retaining Mariana coral reef ecosystem MUS must have a special permit if they, or a vessel which they operate, is used to fish for any:

(i) Mariana coral reef ecosystem MUS in low-use MPAs as defined in § 665.399;

(ii) Mariana Potentially Harvested Coral Reef Taxa in the coral reef ecosystem management area; or

(iii) Mariana Coral reef ecosystem MUS in the Mariana coral reef ecosystem management area with any gear not specifically allowed in this subpart.

(2) Transshipment permit. A receiving vessel must be registered for use with a transshipment permit if that vessel is used in the Mariana coral reef ecosystem management area to land or transship Mariana PHCRT, or any Mariana coral reef ecosystem MUS harvested within low-use MPAs.

(3) Exceptions. The following persons are not required to have a permit under this section:

(i) Any person issued a permit to fish under any FEP who incidentally catches Mariana coral reef ecosystem MUS while fishing for bottomfish MUS, crustacean MUS, western Pacific pelagic MUS, precious coral, or seamount groundfish.

(ii) Any person fishing for Mariana CHCRT outside of an MPA, who does not retain any incidentally caught Mariana PHCRT.

(iii) Any person collecting marine organisms for scientific research as described in § 665.17, or § 600.745 of this chapter.

(b) Validity. Each permit will be valid for fishing only in the fishery management area specified on the permit.

(d) Special permit. The Regional Administrator shall issue a special permit in accordance with the criteria and procedures specified in this section.

(1) Application. An applicant for a special or transshipment permit issued under this section must complete, and submit to the Regional Administrator, a Special Coral Reef Ecosystem Fishing Permit Application Form issued by NMFS. Information in the application form must include, but is not limited to, a statement describing the objectives of the fishing activity for which a special permit is needed, including a general description of the expected disposition of the resources harvested under the permit (i.e., stored live, fresh, frozen, preserved; sold for food, ornamental, research, or other use; and a description of the planned fishing operation, including location of fishing and gear operation, amount and species (directed and incidental) expected to be harvested and estimated habitat and protected species impacts).

(ii) Within 60 days following receipt of a complete application, the Regional Administrator will consult with the Council through its Executive Director, USFWS, and the Director of the affected state fishery management agency concerning the permit application, and will receive their recommendations for approval or disapproval of the application based on:

(A) Information provided by the applicant;

(B) The current domestic annual harvesting and processing capacity of the directed and incidental species for which a special permit is being requested;

(D) Estimated ecosystem, habitat, and protected species impacts of the proposed activity; and

(E) Other biological and ecological information relevant to the proposal. The applicant will be provided with an Start Printed Page 2243opportunity to appear in support of the application.