[Federal Register Volume 69, Number 36 (Tuesday, February 24, 2004)]
[Rules and Regulations]
[Pages 8336-8349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3851]



[[Page 8336]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 660

[Docket No. 020508114-3291-02; I.D. 030702C]
RIN 0648-AM97


Fisheries Off West Coast States and in the Western Pacific; Coral 
Reef Ecosystems Fishery Management Plan for the Western Pacific

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

ACTION: Final rule.

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SUMMARY: NMFS publishes this final rule to implement the Fishery 
Management Plan for Coral Reef Ecosystems of the Western Pacific Region 
(CREFMP). The rule establishes a coral reef ecosystem regulatory area, 
marine protected areas (MPAs), permitting and reporting requirements, 
no-anchoring zone, gear restrictions, and a framework regulatory 
process. This rule also pertains to the other four western Pacific 
fishery management plans with respect to fishing activities in the U.S. 
exclusive economic zone (U.S. EEZ) of the western Pacific region and 
implements Amendment 10 to the Fishery Management Plan for the Pelagic 
Fisheries of the Western Pacific Region (Pelagics FMP), Amendment 11 to 
the Fishery Management Plan for the Crustacean Fisheries of the Western 
Pacific Region (Crustaceans FMP), Amendment 7 to the Fishery Management 
Plan for the Bottomfish and Seamount Groundfish Fisheries of the 
Western Pacific Region (Bottomfish and Seamount Groundfish FMP), and 
Amendment 5 to the Fishery Management Plan for the Precious Coral 
Fisheries of the Western Pacific Region (Precious Corals FMP).

DATES: Effective March 25, 2004.

ADDRESSES: CD or paper copies of the CREFMP, Environmental Impact 
Statement (EIS) for the CREFMP, regulatory impact review/final 
regulatory impact flexibility analysis (RIR/FRFA) may be obtained from 
Kitty M. Simonds, Executive Director, Western Pacific Fishery 
Management Council (Council), 1164 Bishop Street, Suite 1400, Honolulu, 
HI 96813. 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 Alvin Katekaru, Pacific Islands Region, 
NMFS, 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 96814. Comments 
will not be accepted by NMFS if submitted via the Internet. Comments 
may also be submitted by e-mail to [email protected], or faxed 
to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, Council staff, at (808) 
522-8220 or Alvin Katekaru at 808-973-2937.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This final rule is also accessible via the Internet at the Office 
of the Federal Register's Web site at http://www.gpoaccess.gov/fr/index.html.

Background

    Coral reef ecosystem fisheries in federally managed waters of the 
western Pacific U.S. EEZs are currently unregulated under the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). 
The CREFMP would apply ecosystem principles to fisheries management to 
conserve and protect coral reef fisheries, their ecosystems and 
associated habitats in the Council's management area which includes 
U.S. EEZ waters around American Samoa, Guam, Hawaii, Commonwealth of 
the Northern Mariana Islands (CNMI) and the U.S. Pacific remote island 
areas (PRIA).
    On June 14, 2002, NMFS partially approved the CREFMP and parallel 
amendments to the Council's management plans for the Bottomfish FMP, 
Pelagics FMP, Precious Corals FMP, and the Crustaceans FMP. The CREFMP 
was approved, except for that portion of the CREFMP that governs 
fishing in waters of the U.S. EEZ around the Northwestern Hawaiian 
Islands (NWHI) west of 16050' W. long. NMFS disapproved 
a portion of the plan because it would be inconsistent with, or 
duplicate, certain provisions of Executive Orders 13178 and 13196, 
which together establish the NWHI Coral Reef Ecosystem Reserve 
(Reserve), as authorized by section 6(g) of Public Law 106-513. The 
Reserve encompasses a portion of the U.S. EEZ around the NWHI from the 
seaward boundary of the State of Hawaii, out to a distance of 50 
nautical miles (nm). Specifically, section 7(b)(5) of Executive Order 
13178, one of two executive orders establishing the Reserve, prohibits 
the harvest of almost all living and non-living resources throughout 
the Reserve while the CREFMP would actively manage the same species 
within the same geographical area.
    On September 24, 2002, NMFS published a proposed rule (67 FR 59813) 
for those provisions of the CREFMP that were approved by NMFS. These 
provisions govern fishing activities in the coral reef ecosystem 
regulatory area defined as waters of the U.S. EEZs around American 
Samoa, Guam, Hawaii, (except for the waters of the U.S. EEZ around the 
NWHI west of 16050' W. long.), CNMI (except for the 
portion of the U.S. EEZ 0-3 nm off the coastline), and the remote U.S. 
Pacific islands in the central Pacific Ocean, consisting of Kingman 
Reef, Jarvis, Howland, Baker and Wake Islands and Johnston and Palmyra 
Atolls. No-take and low-use MPAs are established in the coral reef 
ecosystem regulatory area, where fishing for marine species is 
prohibited and where only controlled harvest of CREFMP management unit 
species is allowed with a special permit, respectively. Any person who 
operates under a CREFMP special permit or transshipment permit in the 
coral reef ecosystem regulatory area must record and submit catch and 
effort data to NMFS. Large (15.25 m or 50 ft in length) 
fishing vessels are prohibited from anchoring on the offshore southern 
banks located in the U.S. EEZ off Guam. The final rule also contains 
gear restrictions, such as no spear fishing at night with SCUBA in the 
U.S. EEZ off the remote U.S. Pacific islands, and establishes a 
framework process to allow regulatory adjustments to the coral reef 
ecosystem management program. Except for permitting and reporting 
requirements that are unique to fishing for CREFMP management unit 
species, the CREFMP regulations apply to fishing activities governed 
under the other four existing western Pacific fishery management plans 
for pelagics, crustaceans, bottomfish and seamount groundfish, and 
precious corals.
    The preamble to the proposed rule presented substantial background 
information on the purpose and objectives of the CREFMP, description of 
the principle management actions that would be implemented under the 
CREFMP, and a summary of potential impacts resulting from the proposed 
rule on small business entities. Also, the preamble presented 
background information on NMFS' June 14, 2002, partial approval of the 
CREFMP and parallel amendments to the Fishery Management Plan (FMP) for 
the Bottomfish and Seamount Groundfish Fisheries of the Western Pacific 
Region, FMP for the Pelagic Fisheries of the Western Pacific Region, 
and FMP for the Precious Coral Fisheries of the Western Pacific Region. 
Background information

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may be found in the preamble to the proposed rule and is not presented 
here.
    NMFS will make technical corrections to 50 CFR 600.502 in Table 1 
to include the address of the Regional Administrator for the new NMFS 
Pacific Islands Region and Director of the new NMFS Pacific Islands 
Fisheries Science Center. Corrections will also be made to Table 2 with 
respect to the area of responsibility/fishery of the NMFS Pacific 
Islands Regional Administrator.
    NMFS will also make technical corrections to 50 CFR part 660 
subpart B, subpart C, subpart D, subpart E, and subpart F to correct an 
outdated title of an organization.

Comments and Responses

    Comment 1: Two commenters requested that the final rule contain a 
definition of the U.S. Pacific remote island areas (PRIA) and a 
description of the various jurisdictions associated with the PRIA and 
Rose Atoll in American Samoa, including maps depicting these areas 
appearing in the CREFMP.
    Response: NMFS published a definition of the PRIA (consisting of 
Palmyra Atoll, Kingman Reef, Jarvis Island, Baker Island, Howland 
Island, Johnston Atoll, Wake Island and Midway Atoll) in the Federal 
Register on September 4, 2002 (67 FR 56501). This definition is 
contained in Sec.  660.12 of 50 CFR part 660, subpart B. Regarding the 
descriptions and maps of various jurisdictions in the PRIA and Rose 
Atoll, the CREFMP and accompanying EIS contain nearly 40 pages of text 
and tables, and 13 pages of maps describing and illustrating the 
various jurisdictions and authorities in the PRIA. NMFS will make 
available to fishermen in a ``small entity compliance guide'' maps 
illustrating the jurisdictional authorities and description of the 
management measures implemented by the final rule.
    Comment 2: Several commenters questioned NMFS' authority to 
implement management measures in certain waters of the U.S. EEZ within 
the boundaries of National Wildlife Refuges (NWRs) in the Pacific 
insular areas and the Naval Defensive Sea Area around Wake Island. They 
requested that NMFS include language in the final rule stating that the 
CREFMP management measures, as well as all other management measures 
contained in other western Pacific FMPs, begin seaward of the outer 
boundary of the NWRs and the Naval Defensive Sea Area around Wake 
Island.
    Response: The Magnuson-Stevens Act authorizes NMFS to protect, 
conserve, and manage fishery resources in the U.S. EEZ, including 
Federal waters around the PRIA. For this reason, NMFS will not abdicate 
its responsibilities to manage fishery resources in waters of the U.S. 
EEZ within the boundaries of NWRs in the Pacific insular areas and the 
Naval Defensive Sea Area around Wake Island. However, NMFS will 
continue to work closely with the Council, Department of the Interior, 
U.S. Fish and Wildlife Service (USFWS), and the Department of Defense 
to protect fishery resources and marine habitats in waters of the U.S. 
EEZ in the western Pacific region which encompasses the NWRs and the 
Naval Defensive Sea Area around Wake Island. NMFS did not include the 
requested language in the final rule. First, the FMP covers the entire 
U.S. EEZ of the western Pacific region, except for the waters of the 
U.S. EEZ around the NWHI west of 16050' W. long. and the 
portion of the U.S. EEZ 0-3 nm off the coastline of CNMI. Second, it is 
not uncommon for multiple agencies to be vested with concurrent 
authority to manage resources in the same areas. As stated above, NMFS 
will continue to work closely with the Council, Department of the 
Interior, USFWS, and the Department of Defense to protect fishery 
resources and marine habitats in waters of the U.S. EEZ in the western 
Pacific region which encompasses the NWRs and the Naval Defensive Sea 
Area around Wake Island.
    Comment 3: Several commenters requested that the final rule include 
language to prohibit fishing in all no-take MPAs established under the 
CREFMP, and within the boundaries of Palmyra Atoll NWR, Kingman Reef 
NWR, Johnston Atoll NWR, Rose Atoll NWR, Baker Island NWR, Howland 
Island NWR, and Jarvis Island NWR, unless authorized by the USFWS.
    Response: The final rule prohibits fishing in all no-take MPAs. The 
final rule also prohibits fishing activities, governed under 50 CFR 
part 660 subpart J, within the boundary of a NWR unless specifically 
authorized by the Secretary of the Interior, regardless of whether that 
refuge was established by action of the President or the Secretary of 
the Interior.
    Comment 4: Several commenters requested that the final rule should 
include language stating that the NWHI bottomfish fishery is also 
governed by Executive Orders 13178 and 13196 that specify, among other 
things, catch and effort limits, boundary limits, and gear type limits.
    Response: Executive Orders 13178 and 13196 are currently in effect, 
including Reserve Preservation Areas and certain other conservation 
measures that either completely prohibit fishing or allow fishing in 
accordance with restrictions that are applicable in the Reserve. The 
CREFMP does not contain these measures and therefore they are not 
included in this final rule.
    Comment 5: Several commenters recommended that fishing vessels be 
required to post bonds to mitigate adverse impacts to coral reef 
ecosystem resources in the event of vessel groundings. Also, vessels 
should be required to operate 24-hour vessel monitoring systems (VMS) 
by which vessel positions can be tracked when approaching an MPA or 
reef, bank or atoll.
    Response: The Council proposed an insurance requirement for all 
vessels managed under the western Pacific FMPs while operating in or 
transiting through coral reef ecosystem MPAs. This was intended to 
mitigate reef damage in the event of vessel groundings or oil spills, 
including coverage of costs due to wreck removals and reef recovery 
activities. The CREFMP however did not provide sufficient details on 
administering and implementing this complex and novel approach to 
mitigation. However, NMFS is working with the Council and other 
agencies to develop appropriate strategies, including a measure on 
vessel insurance, to protect and restore coral reef ecosystem resources 
from vessel groundings or oil spills.
    VMS has proven to be a viable technology and effective tool in 
fisheries management. VMS is currently required on all Hawaii-based 
pelagic longline fishing vessels. Although it is a valuable monitoring 
tool, because logistics and management needs may differ among fisheries 
and geographical areas, it is necessary that NMFS work with the 
Council, U.S. Coast Guard, USFWS, U.S. Pacific islands marine resource 
agencies, and the fishing industry to evaluate the cost-effectiveness 
and feasibility of requiring VMS for western Pacific fisheries 
operating in and around coral reef ecosystems.
    Comment 6: One commenter recommended that the final rule should 
contain measures to prevent the introduction of invasive species to 
NWRs and measures to eradicate invasive species and recover habitats, 
if they are accidentally introduced by fishing vessels.
    Response: NMFS recognizes that invasive species pose a serious 
threat to remote Pacific island coral reef ecosystems such as the PRIA 
and also is aware that all vessels, including fishing vessels, can 
serve as carriers of invasive species. Given that fishing in the PRIA 
is minimal at this time and that the USFWS already has measures to 
mitigate invasive species introductions

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by any person upon entry into NWRs, additional regulatory measure to 
prevent invasive species introductions by FMP-permitted vessels are not 
necessary at this time. Nonetheless, NMFS will work with the Council, 
USFWS, and other Federal and state marine resource agencies to develop 
comprehensive invasive species mitigation measures for all vessels 
transiting through the western Pacific region.
    Comment 7: One commenter recommended that in addition to the 
fishermen reports, NMFS observers should be placed on federally-
permitted fishing vessels to collect representative harvest data used 
to calculate fishery production yields.
    Response: NMFS agrees and will consider implementing such a 
program. The NMFS Pacific Islands Region Observer Program is one of the 
primary means for collecting catch data from U.S. commercial fishing 
and processing vessels. The other programs are fishery-dependent data 
collected by other U.S. Pacific island marine resource management 
authorities. The mandatory placement of observers on fishing vessels 
must be considered in terms of safety issues and cost-effectiveness 
relative to the level of coverage and information required for analysis 
and management. For example, it would be inappropriate to place 
observers on small vessels (<10.67 m or 35 ft in length) due to safety 
concerns. As appropriate, NMFS will evaluate the need for observer 
coverage for vessels fishing for coral reef ecosystem resources and, in 
consultation with the Council, may consider implementing such a program 
in the future.
    Comment 8: Several commenters said the CREFMP is inconsistent with 
the guidance provided by the Ecosystem Principles Advisory Panel (EPAP) 
on ecosystem-based fishery management because the CREFMP exempts 
species managed under other FMPs.
    Response: NMFS disagrees. The CREFMP is the first ecosystem-based 
management plan for fisheries developed in the U.S. and incorporates 
many of the basic principles, goals, and policies for ecosystem-based 
management outlined by the EPAP. The CREFMP is a first step to fully 
integrating the EPAP guidance on ecosystem-based management for western 
Pacific FMPs and marks the initial phase for development of fishery 
ecosystem plans as recommended by EPAP. It is the goal of NMFS and the 
Council to incorporate ecosystem approaches into the regulatory 
structure of the current western Pacific bottomfish, pelagic, precious 
coral, and crustacean FMPs.
    Comment 9: Two commenters expressed concern over the Council's 
intent to designate 49 species of fish as bottomfish management unit 
species (BMUS).
    Response: Although not an action under the CREFMP, the Council 
recommended that 49 species of fish be designated as BMUS. The basis 
for this recommendation is that fishery surveys and reports show that 
these 49 species are being harvested in the Guam and CNMI bottomfish 
fisheries. Also, since catch and effort data are presently being 
collected on these 49 species, it is appropriate to continue monitoring 
harvest of these species as BMUS under the bottomfish FMP.
    Comment 10: One commenter stated that the use of the mixed stock 
exception would allow overfishing of individual species, contrary to 
the National Standard Guidelines under the Magnuson-Stevens Act. 
Overfishing of any species managed under the CREFMP should be 
specifically prohibited.
    Response: The Magnuson-Stevens Act allows several stocks of fish 
which are harvested together to be managed as a unit. The National 
Standard Guidelines provide specific guidance to prevent overfishing of 
any fishery resource. However, the National Standard Guidelines also 
allows for a mixed stock fishery to continue even if overfishing of one 
stock in that fishery is occurring. Overfishing of one stock in a mixed 
stock fishery is allowed if three conditions specified in the 
guidelines are met: (1) The action will result in long-term net 
benefits to the Nation; (2) a similar level of benefits cannot be 
achieved by modifying fleet behavior, gear selection or configuration, 
or other technical characteristic so that no overfishing would occur; 
and (3) the action will not cause any species or evolutionarily 
significant unit thereof to require protection under the Endangered 
Species Act. The CREFMP establishes formats and methods for defining 
overfishing definitions, maximum sustainable yield (MSY) control rules 
and reference points for coral reef ecosystem management unit species. 
NMFS recognizes that there is incomplete or no information available to 
evaluate the stock status for virtually all of the coral reef ecosystem 
management unit species, however, the definitions of overfishing in the 
plan will be revised accordingly when new information indicates that 
catch-per-unit-effort (CPUE), as an index for abundance, is found to be 
deficient in reflecting true abundance.
    Comment 11: One commenter stated that CPUE should not be used as 
the primary data source for determining allowable exploitation rates or 
biomass reference points such as minimum stock size threshold (MSST) 
and that methods for determining MSY, optimum yield, and MSST should be 
made more precautionary.
    Response: NMFS agrees that ideally CPUE would not be used as the 
primary data source for determining allowable exploitation rates or 
biomass reference points. However, there is a paucity of information on 
life histories, spawning biomass, fishing mortality, natural mortality, 
and ecological relationships of coral reef ecosystem resources covered 
by the CREFMP. As such, standardized CPUE and effort data represent the 
best information available at this time and were used to establish 
limits and reference point values consistent with the National Standard 
Guidelines. NMFS agrees that additional work needs to be conducted on 
western Pacific coral reef ecosystem fishery resources to improve 
estimates of biological parameters for the purpose of determining 
allowable exploitation rates. The CREFMP identifies region-specific 
research needs necessary for improving the information base on coral 
reef ecosystems for management.
    Comment 12: One commenter requested clarification on the intent of 
the Council to include in the list of coral reef ecosystem management 
unit species, all species of cephalopods, including those that do not 
inhabit the coral reef ecosystem (water column and substrate within 
waters less than 50 fathoms in total depth). The commenter noted that 
the CREFMP lists the entire Class Cephalopoda (squid/octopus), as 
Potentially Harvested Coral Reef Taxa (PHCRT) which apparently would 
require a special permit issued by NMFS for harvesting any and all 
species of cephalopods. The commenter also recommended that three 
species of pelagic cephalopods be excluded from the PHCRT as they do 
not meet the definition of coral reef ecosystem management unit species 
as defined in the proposed rule published in the Federal Register on 
September 24, 2002 (67 FR 59813).
    Response: NMFS agrees that species that inhabit the pelagic 
ecosystem for their entire life history are not considered as coral 
reef ecosystem management unit species. The proposed rule, published in 
the Federal Register on September 24, 2002 (67 FR 59813), clarified 
that CREFMP management unit species are those taxa listed in Table 1.2 
and 1.3 of the CREFMP that spend the majority of their non-pelagic 
(post-

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settlement) life stages within waters less than or equal to 50 fathoms 
in total depth. NMFS believes this definition is consistent with the 
intent of the Council and provides adequate clarification for the 
purpose of permit and reporting requirements under the CREFMP. 
Therefore, pelagic species of cephalopods are not coral reef ecosystem 
management unit species. Similarly, species that inhabit deep demersal 
marine ecosystems do not meet the CREFMP management unit species 
definition, are not meant to be managed under the CREFMP and should 
also be excluded from the PHCRT. In developing the coral reef ecosystem 
management unit species list, in particular the PHCRT list, the Council 
recognized the challenge involved in listing literally thousands of 
coral reef ecosystem species, and thus, chose to rely on a more general 
taxonomic classification scheme for certain groups of organisms to 
ensure that all coral reef ecosystem species, including those not yet 
described by science, could be managed under the CREFMP. To aid 
fishermen, NMFS will be issuing compliance guides on the CREFMP, 
including the Currently Harvested Coral Reef Taxa (CHCRT) and PHCRT. 
Additionally, these guides will provide further clarification on permit 
requirements and permit issuance among other regulatory and procedural 
requirements. Beyond this, NMFS, in consultation with the Council, will 
address specific inquiries on permit requirements on a case-by-case 
basis.

Changes From the Proposed Rule

    This final rule contains changes to the regulatory text from the 
proposed rule. Throughout subpart J, the words ``PIAO Administrator'' 
which means Pacific Islands Area Office Administrator, is deleted and 
replaced with the words ``Regional Administrator.''
    In Sec.  660.12, Definitions, the words ``Currently Harvested Coral 
Reef Ecosystem MUS'', and ``Potentially Harvested Coral Reef Ecosystem 
MUS'' are deleted and replaced by the words ``Currently Harvested Coral 
Reef Taxa'' and ``Potentially Harvested Coral Reef Taxa.'' These terms, 
which describe the two categories of Coral Reef Ecosystem management 
unit species, are identical to the terms used in Table 1.2 and Table 
1.3 of the CREFMP. This change is also made in Sec.  660.602(a)(1)(ii); 
Sec.  660.602(a)(2) and; Sec.  660.602(a)(3)(ii).
    In 50 CFR part 660, subpart J, Sec.  660.601 (Relation to other 
laws), the word ``Secretary of Commerce'' is deleted and replaced by 
the ``Secretary of the Interior'', as the subject pertains to national 
wildlife refuges administered by the Department of the Interior. Also, 
in this paragraph, immediately following the words ``National Wildlife 
Refuge'', text is added to state ``unless specifically authorized by 
the U.S. Fish and Wildlife Service,''. This new language clarifies that 
fishing authorized under subpart J is not allowed within the boundaries 
of a national wildlife refuge, unless specifically authorized by the 
U.S. Fish and Wildlife Service.
    In Sec.  660.602(a)(3)(i), Exemptions, the first sentence is 
deleted and replaced with the following: ``Any person issued a permit 
to fish under the Bottomfish and Seamount Groundfish FMP, Pelagics FMP, 
Crustaceans FMP or Precious Corals FMP who incidentally catches coral 
reef ecosystem MUS while fishing for bottomfish management unit 
species, crustaceans management unit species, Pacific pelagic 
management unit species, precious coral, or seamount groundfish.''
    This change is being made for three reasons. First, all persons 
issued a permit under the Bottomfish and Seamount Groundfish FMP, 
Pelagics FMP, Crustaceans FMP or Precious Corals FMP are already 
required to maintain accurate and complete records of catch, including 
any incidental catch of coral reef ecosystem MUS. Therefore, these 
persons will be exempted from the special permit requirement. Second, 
the word ``targeting'' is an ambiguous term and may not clearly convey 
the activity of fishing. Replacing this term with ``fishing for'', 
which is defined in 50 CFR 600.10, clearly conveys the intent or act of 
fishing. Third, the words ``MUS listed under a separate FMP'' is also 
ambiguous because it does not define to which MUS this exemption 
pertains. Replacing these words with four specific fishery management 
units as defined in 50 CFR 660.12 provides this clarity. Additionally, 
in the next sentence of this paragraph, the word ``targeting'' is again 
replaced with the words ``fishing for'' for the same reason previously 
explained above. Replacement of the word ``targeting'' with ``fishing 
for'' is also made in Sec.  660.602(a)(3)(ii). Also in Sec.  
660.602(a)(3)(i) Exemptions, the second sentence beginning with, ``It 
will be considered a rebuttable presumption * * * '', is deleted in its 
entirety. The intent of the special permit requirement is to ensure 
that fisheries data is collected while fishing in any designated low-
use MPA and while fishing for and retaining PHCRT. As clarified above, 
persons issued a permit under the Bottomfish and Seamount Groundfish 
FMP, Pacific Pelagic FMP, Crustacean FMP or Precious Coral FMP are 
already required to maintain accurate and complete records of catch, 
including any incidental catch of coral reef ecosystem MUS. However, in 
determining whether a person is primarily fishing for coral reef 
ecosystem MUS or bottomfish management unit species, crustaceans 
management unit species, Pacific pelagic management unit species, 
precious coral, or seamount groundfish, the Council, as a general rule 
of thumb, considers that such person is fishing for coral reef 
ecosystem MUS if the total weight or number of pieces of landed coral 
reef ecosystem MUS comprise more than 20 percent of the total landed 
weight or number of pieces, respectively, on any one trip. If, during 
processing of fisheries information, it is determined that such 
threshold has been exceeded by a Bottomfish and Seamount Groundfish 
FMP, Pelagics FMP, Crustaceans FMP or Precious Corals FMP permitted 
fisher, NMFS, the Coral Reef Ecosystem Plan Team, the relevant FMP Plan 
Team, and the affected local jurisdiction will, through a multi-agency 
and plan team coordination process, discuss and identify appropriate 
action for the Council to consider.
    In Sec.  660.602 (a)(3)(d), the entire paragraph beginning with 
``Low use MPAs special permits'' until ``specified in this section.'' 
is deleted and replaced with, ``Special permit. The Regional 
Administrator shall issue a special permit in accordance with the 
criteria and procedures specified in this section.''. The original 
language contained in the preamble was redundant with the language 
stated in Sec.  660.602(a)(1), Sec.  660.602(a)(2) and Sec.  
660.602(a)(3) which describes the applicability of the special permit 
requirement.
    In 50 CFR Sec.  660.608(c), following ``and 142 E.'' 
the phrase ``long., 16 N. lat.'' is added. The inclusion 
of this phrase makes accurate the location of the line intersecting the 
outer boundary of the U.S. EEZ between CNMI and Guam regulatory area.

Classification

    The Administrator, Pacific Islands Region, NMFS, determined that 
the final rule is consistent with the CREFMP, as partially approved on 
June 14, 2002, the national standards, other provisions of the 
Magnuson-Stevens Act, and other applicable laws.
    The Council prepared a final environmental impact statement for the 
CREFMP; a notice of availability was published on May 10, 2002 (67 FR 
31801). On June 14, 2002, in partially approving the CREFMP, NMFS 
issued a

[[Page 8340]]

Record of Decision identifying the selected alternative, a variation of 
the preferred alternative in the EIS. The intent of the partially 
approved CREFMP and its implementing regulations (i.e., selected 
alternative) is to prevent adverse impacts to the environment before 
they occur. This final rule is intended to maintain the sustainability 
of target and non-target coral reef ecosystem species; safeguard 
against substantial damage to the ocean and coastal habitats and/or 
essential fish habitat; protect endangered or threatened species, 
marine mammals, and critical habitat; help ensure public health and 
safety; prevent the occurrence of cumulative adverse effects that could 
have a substantial impact on target or non-target coral reef ecosystem 
species; promote biodiversity and ecosystem stability; and minimize, if 
not eliminate, negative social or economic impacts.
    This final rule has been determined to be significant for the 
purposes of Executive Order 12866.
    The Council prepared a FRFA describing the impact of the action on 
small entities. It incorporates the Initial Regulatory Flexibility 
Analysis (IRFA), the comments and responses to the proposed rule, and a 
summary of the analyses completed to support this action.
    The following is a summary of the FRFA. The need for and objective 
of this final rule are stated in the summary and supplementary 
information sections of this notice and are not repeated here. None of 
the comments received on the proposed rule addressed the economic 
impacts of the rule.
    Both large and small vessels affected by the final rule are 
considered to be ``small entities'' under guidelines issued by the 
Small Business Administration because they are independently owned and 
operated and have annual receipts not in excess of $3.5 million. Based 
on information provided in the FRFA, this rule would potentially affect 
24 to 63 small entities, including commercial harvesters of food fish, 
ornamental fish collectors, charter sportsfishing operations, and 
research entities. It is difficult to predict how many entities would 
alter their planned operations by fishing in state waters or moving to 
other target species to avoid applying for special permits and 
complying with increased reporting requirements under this final rule. 
However, as a rough estimate, NMFS expects that approximately five 
special permit applications may be received each year.
    It is estimated that the costs to these small entities will 
primarily consist of a special permit application fee of between $50 
and $100 per application. It is not anticipated that additional small 
entities (beyond those mentioned above) will be affected by the final 
rule, as most MPAs are far from inhabited areas and the majority of 
other fisheries operate outside of MPA waters utilizing gears that 
would continue to be allowed under this rule. However, small entities 
using fish or crab traps to target coral reef ecosystem management unit 
species throughout the coral reef ecosystem regulatory area will be 
required to affix identification markers to each trap on board a vessel 
or deployed in the water. Based on similar requirements in other 
fisheries, the cost of this requirement is anticipated to be minimal, 
as identification markings may be inexpensively made using permanent 
ink, paint, or dye. Other, non-quantifiable, potential costs include 
revenue impacts resulting from the implementation of no-take MPAs. 
These no-take MPAs are anticipated to have minimal impacts on small 
entities as sufficient fishing areas remain open to accommodate their 
displaced effort. This action has information collection requirements 
that are addressed elsewhere in this classification section.
    Several alternatives to the measures in the final rule are examined 
in the FRFA. The first alternative is the no action alternative which 
would not impose any economic costs on small entities. This alternative 
was rejected on the basis that it could lead to unsustainable levels of 
fishing effort and eventual degradation of coral reef ecosystems and 
their component resources. The second alternative examined is similar 
to the preferred alternative with the following exceptions: It would 
not designate any no-take MPAs (low-use MPAs would be designated); it 
would not prohibit spearfishing at night with SCUBA/hookah gear for 
coral reef ecosystem management unit species; and it would not prohibit 
the harvesting of live rock or coral throughout the coral reef 
ecosystem regulatory area. This alternative was also rejected because 
it would not provide adequate protection to coral reef ecosystems or 
their component resources. Finally, the third alternative examined 
would designate no-take MPAs out to 100 fathoms around all western 
Pacific islands and atolls (no low-use MPAs would be designated); 
require general permits for harvesting CHCRT and special permits for 
harvesting PHCRT in waters of the U.S. EEZ of the western Pacific 
region; prohibit spearfishing at night with SCUBA or a hookah and 
prohibit the take of live rock or coral. This alternative was rejected 
on the basis that it would unnecessarily impede the sustainable use of 
coral reef ecosystem resources, while the preferred alternative would 
provide adequate conservation and protection for these resources. A 
copy of this analysis is available from the Council (see ADDRESSES).
    Section 212 of the Small Business Regulatory Enforcement and 
Fairness Act of 1996 states that, for each rule or group of related 
rules for which an agency is required to prepare a FRFA, the agency 
shall publish one or more guides to assist small entities in complying 
with the rule, and shall designate such publications as ``small entity 
compliance guides.'' The agency shall explain the actions a small 
entity is required to take to comply with the rule or group of rules. 
Copies of this final rule and the guide may be obtained from the 
Pacific Islands Regional Office.
    This rule contains collection-of-information requirements subject 
to the Paperwork Reduction Act (PRA). These collections were approved 
by OMB with the following control numbers and response times: Control 
Number 0648-0360 for marking fishing gear (2 minutes); 0648-0462 for an 
at-sea notification (3 minutes), for a logbook (30 minutes per day), 
and for transhipment reporting (15 minutes per day); and 0648-0463 for 
a permit application (2 hours) and a permit appeal (3 hours). These 
response time estimates include the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
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 Alvin Katekaru, Pacific Islands Region, NMFS, 
1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 96814, and by e-mail to 
[email protected], or faxed to (202) 395-7285.
    Notwithstanding any other provisions of the law, no person is 
required to respond to, and no person shall be subject to penalty to 
comply with, a collection of information subject to the requirement of 
the PRA, unless that collection of information displays a currently 
valid OMB control number.
    An informal consultation under the Endangered Species Act was 
concluded for the CREFMP on March 7, 2002. As a result of the informal 
consultation, the NMFS Regional Administrator determined that fishing 
activities conducted under this rule are not likely to affect adversely 
endangered or threatened species or critical habitat

[[Page 8341]]

under NMFS's jurisdiction. On May 22, 2002, the USFWS concurred with 
the determination of NMFS that the activities conducted under this rule 
are not likely to adversely affect listed species under USFWS's 
exclusive jurisdiction (i.e., seabirds and terrestrial plants) and 
listed species shared with NMFS (i.e., sea turtles).
    This final rule is consistent with Executive Order 13089, which is 
intended to preserve and protect the biodiversity, health, and social 
and economic value of the U.S. coral reef ecosystems and the marine 
environment.

List of Subjects

50 CFR Part 600

    Fisheries, Fishing.

50 CFR Part 660

    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing, Guam, Hawaiian natives, Indians, Northern Mariana Islands, and 
Reporting and recordkeeping requirements.

    Dated: February 17, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR parts 600 and 660 are 
amended as follows:

PART 600--MAGNUSON-STEVENS ACT PROVISIONS

0
1. The authority citation for part 600 is revised to read as follows:

    Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.

0
2. In Sec.  600.502, a new address is added at the end of Table 1 and 
the last row of Table 2 is revised to read as follows:


Sec.  600.502  Vessel reports.

* * * * *

                  Table 1 to Sec.   600.502.--Addresses
------------------------------------------------------------------------
                                NMFS science and      U.S. Coast Guard
NMFS regional administrators   research directors        commanders
------------------------------------------------------------------------
                              * * * * * * *
-----------------------------
Administrator, Pacific        Director, Pacific     Commander,
 Islands Region, National      Islands Fisheries     Fourteenth Coast
 Marine Fisheries Service,     Science Center,       Guard District, 300
 NOAA, 1601 Kapiolani Blvd.,   National Marine       Ala Moana Blvd.,
 Suite 1110, Honolulu, HI      Fisheries Service,    Honolulu, HI 96850.
 96814.                        NOAA, 2570 Dole
                               Street, Honolulu,
                               HI 96822.
------------------------------------------------------------------------


  Table 2 to Sec.   600.502.--Areas of Responsibility of NMFS and U.S.
                           Coast Guard Offices
------------------------------------------------------------------------
   Area of responsibility/       National Marine
           fishery              Fisheries Service     U.S. Coast Guard
------------------------------------------------------------------------
                              * * * * * * *
-----------------------------
Pacific Ocean off Hawaii,     Administrator,        Commander,
 American Samoa, Guam,         Pacific Islands       Fourteenth Coast
 Commonwealth of the           Region.               Guard District.
 Northern Mariana Islands,
 and U.S. Insular
 Possessions in the Central
 and Western Pacific.
------------------------------------------------------------------------

* * * * *

PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN 
PACIFIC

0
3. The authority citation for part 660 continues to read as follows:

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

0
4. In Sec.  660.11, paragraph (b) is revised, and a new paragraph (c) 
is added to read as follows:


Sec.  660.11  Purpose and scope.

* * * * *
    (b) Regulations specific to individual fisheries are included in 
subparts C, D, E, F, and J of this part.
    (c) Nothing in subparts C, D, E, F, and J of this part is intended 
to supercede any valid state or Federal regulations that are more 
restrictive than those published here.

0
5. Section 660.12 is amended by revising the introductory text and the 
definitions for ``Pacific pelagic management unit species'' and 
``Regional Administrator'; and adding definitions for the 
``Commonwealth of the Northern Mariana Islands (CNMI)'', ``CNMI 
offshore area'', ``Coral reef ecosystem management unit species'', 
``Coral reef ecosystem regulatory area'', ``Currently harvested coral 
reef taxa'', ``Hookah breather'', ``Live rock'', ``Low use marine 
protected area'', ``No-take MPA'', ``Potentially harvested coral reef 
taxa(PHCRT)'', and ``Special permit'', alphabetically to read as 
follows:


Sec.  660.12  Definitions.

    In addition to the definitions in the Magnuson-Stevens Act, and in 
Sec.  600.10, the terms used in subparts B through F and subpart J of 
this part have the following meanings:
* * * * *
    Commonwealth of the Northern Mariana Islands (CNMI) means Northern 
Mariana Islands.
    CNMI offshore area means the portion of the U.S. EEZ around the 
CNMI extending seaward from a line drawn 3 nautical miles from the 
baseline around the CNMI from which the territorial sea is measured, to 
the outer boundary of the U.S. EEZ, which to the south means those 
points which are equidistant between Guam and the island of Rota in the 
CNMI.
* * * * *
    Coral reef ecosystem management unit species (Coral reef ecosystem 
MUS) means all of the Currently Harvested Coral Reef Taxa listed in 
Table 3 and Potentially Harvested Coral Reef Taxa listed Table 4 of 
this part 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.
    Coral reef ecosystem regulatory area means the U.S. EEZ waters 
around American Samoa, Guam, Hawaii, CNMI and the PRIA except for the 
portion of

[[Page 8342]]

EEZ waters 0-3 miles around the CNMI, and EEZ waters around the NWHI 
west of 16050' W. long.
* * * * *
    Currently harvested coral reef taxa (CHCRT) means coral reef 
associated species, families, or subfamilies, as described in Table 3 
of this part, 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.
* * * * *
    Hookah breather means a tethered underwater breathing device that 
pumps air from the surface through one or more hoses to divers at 
depth.
* * * * *
    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.
* * * * *
    No-take MPA means an area of the U.S. EEZ that is closed to fishing 
for or harvesting of management unit species, precious corals and 
seamount groundfish, as defined in this section.
* * * * *
    Pacific Pelagic Management Unit Species means the following fish:

----------------------------------------------------------------------------------------------------------------
              Common name                                            Scientific name
----------------------------------------------------------------------------------------------------------------
Mahimahi (dolphinfish)................  Coryphaena spp.
Indo-Pacific blue marlin..............  Makaira mazara
Black marlin..........................  M. indica
Striped marlin........................  Tetrapturus audax
Shortbill spearfish...................  T. angustirostris
Swordfish.............................  Xiphias gladius
Sailfish..............................  Istiophorus platypterus
Pelagic thresher shark................  Alapias pelagicus
Bigeye thresher shark.................  Alopias
Common thresher shark.................  Alopias vulpinus
Silky shark...........................  Carcharhinus falciformis
Oceanic whitetip shark................  Carcharhinus longimanus
Blue shark............................  Prionace glauca
Shortfin mako shark...................  Isurus oxyrinchus
Longfin mako shark....................  Isurus paucus
Salmon shark..........................  Lamna ditropis
Albacore..............................  Thunnus alalunga
Bigeye tuna...........................  T. obesus
Yellowfin tuna........................  T. albacore
Northern bluefin tuna.................  T. thynnus
Skipjack tuna.........................  Katsuwonus pelamis
Kawakawa..............................  Euthynnus affinis
Wahoo.................................  Acanthocybium solandri
Moonfish..............................  Lampris spp.
Oilfish family........................  Gempylidae
Pomfret...............................  family Bramidae
Other tuna relatives..................  Auxis spp., Scomber spp.; Allothunus spp.
----------------------------------------------------------------------------------------------------------------

    Potentially harvested coral reef taxa (PHCRT) means coral reef 
associated species, families, or subfamilies, as listed in Table 4 of 
this part, 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). Coral reef ecosystem management 
unit species that are not listed as management unit species, precious 
corals, seamount groundfish, as defined in this section, or listed as 
CHCRT in Table 3 of this part.
* * * * *
    Regional Administrator means Director, Pacific Islands Region, NMFS 
(see Table 1 of Sec.  600.502 for address).
* * * * *
    Special permit means a permit issued to allow fishing for coral 
reef ecosystem management unit species in low-use MPAs or to fish for 
any PHCRT.
* * * * *

0
6. In Sec.  660.13, paragraph (a), the first sentence of paragraph 
(c)(1), the first and second sentences of paragraph (c)(2), and 
paragraphs (e), (f)(2), and (g)(1) are revised to read as follows:


Sec.  660.13  Permits and fees.

    (a) Applicability. The requirements for permits for specific 
Western Pacific fisheries are set forth in subparts C, D, E, F and J of 
this part.
* * * * *
    (c) Application. (1) A Pacific Island Region Federal fisheries 
permit application form may be obtained from the Pacific Island Region 
Office (PIRO) to apply for a permit or permits to operate in any of the 
fisheries regulated under subparts C, D, E, F, and J of this part. * * 
*
    (2) A minimum of 15 days should be allowed for processing a permit 
application for fisheries under subparts C, D, E, and F of this part. A 
minimum of 60 days should be allowed for processing a permit 
application for fisheries under subpart J of this part. * * *
* * * * *
    (e) Issuance. (1) After receiving a complete application, the 
Regional Administrator will issue a permit to an applicant who is 
eligible under Sec. Sec.  660.21, 660.41, 660.61, and 660.81.
    (2) After receiving a complete application, the Regional 
Administrator may issue a special permit in accordance with Sec.  
660.601(d)(3).
    (f) * * *
    (2) PIRO will charge a fee for each application for a Hawaii 
longline limited access permit, a Mau zone limited access permit, and a 
coral reef

[[Page 8343]]

ecosystem special permit (including permit transfers and permit 
renewals). 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. 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 issuance of any of the permits listed in this section.
    (g) Expiration. (1) Permits issued under subparts C, D, E, F, and J 
of this part are valid for the period specified on the permit unless 
transferred, revoked, suspended, or modified under 15 CFR part 904.
* * * * *

0
7. In Sec.  660.14, paragraphs (a), (b), and (g) are revised and 
paragraph (f)(4) is added to read as follows:


Sec.  660.14  Reporting and recordkeeping.

    (a) Fishing record forms. The operator of any fishing vessel 
subject to the requirements of Sec. Sec.  660.21, 660.41, 660.81, or 
660.602 must maintain on board the vessel an accurate and complete 
record of catch, effort and other data on report forms provided by the 
Regional Administrator. All information specified on the forms must be 
recorded on the forms within 24 hours after completion of each fishing 
day. Each form must be signed and dated by the fishing vessel operator. 
For the fisheries managed under Sec. Sec.  660.21, 660.41, and 660.81, 
the original logbook form for each day of the fishing trip must be 
submitted to the Regional Administrator within 72 hours of each landing 
of MUS. For the fisheries managed under Sec.  660.601, the original 
logbook form for each day of the fishing trip must be submitted to the 
Regional Administrator within 30 days of each landing of MUS.
    (b) Transshipment logbooks. Any person subject to the requirements 
of Sec.  660.21(c) or Sec.  660.602(a)(2) 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 Pacific pelagic management unit 
species. 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.
* * * * *
    (f) * * *
    (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 subpart J of this part must make 
those records immediately available for Federal inspection and copying 
upon request by an authorized officer as defined in Sec.  600.10 of 
this chapter of this chapter
    (g) State reporting. Any person who has a permit under Sec.  
660.21, 660.61, or 660.601 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 C, E and J of this 
part must maintain and submit those records in the exact manner 
required by state laws and regulations.

0
8. In Sec.  660.15, paragraphs (f) and (k) are revised and a new 
paragraph (l) is added to read as follows:


Sec.  660.15  Prohibitions.

* * * * *
    (f) Fail to affix or maintain vessel or gear markings, as required 
by Sec. Sec.  660.16, 660.24, 660.47, and 660.605.
* * * * *
    (k) Fail to notify officials as required in Sec. Sec.  660.23, 
660.28, 660.43, 660.63, and 660.603.
    (l) Fish for, take or retain within a no-take MPA, defined in Sec.  
660.18, any bottomfish management unit species, crustacean management 
unit species, Pacific pelagic management unit species, precious coral, 
seamount groundfish or coral reef ecosystem MUS.

0
8a. In subpart B, Sec.  660.18 is added to read as follows:


Sec.  660.18  Area restrictions.

    (a) Fishing is prohibited in all no-take MPAs designated in this 
section.
    (b) Anchoring by all fishing vessels over 50 ft (15.25 m) LOA is 
prohibited in the U.S. EEZ seaward of the Territory of Guam west of 
14430' E. long. except in the event of an emergency 
caused by ocean conditions or by a vessel malfunction that can be 
documented.
    (c) MPAs--(1) No-take MPAs. The following U.S. EEZ waters are no-
take MPAs:
    (i) Landward of the 50-fathom (fm) (91.5-m) curve at Jarvis, 
Howland, and Baker Islands, and Kingman Reef; as depicted on National 
Ocean Survey Chart Numbers 83116 and 83153;
    (ii) Landward of the 50-fm (91.5-m) curve around Rose Atoll, as 
depicted on National Ocean Survey Chart Number 83484.
    (2) Low-use MPAs. The following U.S. EEZ waters in the Western 
Pacific Region are low-use MPAs:
    (i) All waters between the shoreline and the 50-fm (91.5-m) curve 
around Johnston Atoll, Palmyra Atoll, and Wake Island as depicted on 
National Ocean Survey Chart Numbers 83637, 83157 and 81664.
    (ii) [Reserved]

0
9. A new subpart J is added to read as follows:
Subpart J--Western Pacific Coral Reef Ecosystem Fisheries
Sec.
660.601 Relation to other laws 660.602 Permits and fees.
660.603 Prohibitions.
660.604 Notifications.
660.605 Allowable gear and gear restrictions.
660.606 Gear identification.
660.607 Framework for regulatory adjustments.
660.608 Regulatory area.
660.609 Annual reports.

Subpart J--Western Pacific Coral Reef Ecosystem Fisheries


Sec.  660.601  Relation to other laws.

    To ensure consistency between the management regimes of different 
Federal agencies with shared management responsibilities of fishery 
resources within the Coral reef ecosystem regulatory area, fishing 
authorized under this subpart 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.


Sec.  660.602  Permits and fees.

    (a) Applicability. Unless otherwise specified in this subpart, 
Sec.  660.13 applies to coral reef ecosystem permits.
    (1) Special permit. Any person of the United States fishing for, 
taking or retaining coral reef ecosystem MUS must have a special permit 
if they, or a vessel which they operate, is used to fish for any:
    (i) Coral reef ecosystem MUS in low-use MPAs as defined in Sec.  
660.18;
    (ii) Potentially Harvested Coral Reef Taxa in the coral reef 
ecosystem regulatory area; or
    (iii) Coral reef ecosystem MUS in the coral reef ecosystem 
regulatory area with any gear not specifically allowed in this subpart.
    (2) Transshipment permit. A receiving vessel must be registered for 
use with a

[[Page 8344]]

transshipment permit if that vessel is used in the coral reef ecosystem 
regulatory area to land or tranship PHCRT, or any 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 the Bottomfish and 
Seamount Groundfish FMP, Pelagics FMP, Crustaceans FMP or Precious 
Corals FMP who incidentally catches coral reef ecosystem MUS while 
fishing for bottomfish management unit species, crustaceans management 
unit species, Pacific pelagic management unit species, precious coral, 
or seamount groundfish.
    (ii) Any person fishing for CHCRT outside of an MPA, who does not 
retain any incidentally caught PHCRT; and
    (iii) Any person collecting marine organisms for scientific 
research as described in Sec.  600.745 of this chapter.
    (b) Validity. Each permit will be valid for fishing only in the 
fishery management subarea 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 Sec.  660.13.
    (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 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 U.S. Coast Guard, 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,
    (C) The current status of resources to be harvested in relation to 
the overfishing definition in the FMP,
    (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 FMP, 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 FMP, 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.
    (C) The type, size, and amount of gear which may be used by each 
vessel operated under the special permit.
    (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 FMP.
    (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

[[Page 8345]]

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 FMP, 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 
therefor, 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 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.
    (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) 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.


Sec.  660.603  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this chapter and Sec.  660.15 of this part, it is unlawful for any 
person to do any of the following:
    (a) Fish for, take, retain, possess or land any coral reef 
ecosystem MUS in any low-use MPA as defined in Sec.  660.18(c)(1) and 
(c)(2) 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 Sec.  600.602 of this 
chapter;
    (3) The coral reef ecosystem MUS possessed on board the vessel 
originated outside the regulatory area and this can be demonstrated 
through receipts of purchase, invoices, fishing logbooks or other 
documentation.
    (b) Fish for, take, or retain any 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 Sec.  660.604.
    (3) In a low-use MPA without a valid special permit.
    (4) In violation of any permit issued under Sec.  660.13 or Sec.  
660.601.
    (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.


Sec.  660.604  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.


Sec.  660.605  Allowable gear and gear restrictions.

    (a) 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) 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 regulatory area is 
prohibited.
    (c) Coral reef ecosystem MUS may not be taken by means of 
spearfishing with SCUBA at night (from 6 p.m. to 6 a.m.) in the U.S. 
EEZ waters around Howland Island, Baker Island, Jarvis Island, Wake 
Island, Kingman Reef, Johnston Atoll and Palmyra Atoll.
    (d) Existing FMP fisheries shall follow the allowable gear and 
methods outlined in their respective plans.
    (e) Any person who intends to fish with new gear not included in 
Sec.  660.604 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.


Sec.  660.606  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 Sec.  660.13 or Sec.  660.601 or that is 
otherwise established to be fishing for coral reef ecosystem MUS in the 
regulatory area.
    (b) Enforcement action. (1) Traps not marked in compliance with 
paragraph (a) of this section and found deployed in the coral reef 
ecosystem regulatory 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 regulatory area will be considered unclaimed 
or abandoned property, and may be disposed of in any manner considered 
appropriate by NMFS or an authorized officer.

[[Page 8346]]

Sec.  660.607  Framework for regulatory adjustments.

    (a) Procedure for established measures. (1) Established measures 
are management measures that, at some time, have been included in 
regulations implementing the FMP, or for which the impacts have been 
evaluated in Council/NMFS documents in the context of current 
conditions;
    (2) Following framework procedures of the CREFMP, the Council may 
recommend to the Regional Administrator that established measures be 
modified, removed, or re-instituted. 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.
    (b) Procedure for new measures. (1) New measures are management 
measures that have not been included in regulations implementing the 
FMP, or for which the impacts have not been evaluated in Council/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;
    (2) Following the framework procedures of the FMP, 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 rule making if 
approved by the Regional Administrator.
    (i) 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.
    (ii) The Council may appeal denial by writing to the Assistant 
Administrator, who must respond in writing within 30 days.
    (iii) The Regional Administrator and the Assistant Administrator 
will make their decisions in accordance with the Magnuson-Stevens Act, 
other applicable laws, and the CREFMP.
    (iv) To minimize conflicts between the Federal and state/
territorial/commonwealth management systems, the Council will use the 
procedures in paragraph (a)(2) in this section 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.


Sec.  660.608  Regulatory area.

    (a) The regulations in this subpart govern fishing for coral reef 
ecosystem management unit species by vessels of the United States or 
persons who operate or are based inside the outer boundary of the U.S. 
EEZ off:
    (1) The Hawaiian Islands Archipelago lying to the east of 
160 50' W. long.
    (2) Guam.
    (3) American Samoa.
    (4) Offshore area of the CNMI or that portion of the U.S. EEZ 
around the CNMI between three nautical miles offshore and the outer 
boundary of the U.S. EEZ.
    (5) Baker Island, Howland Island, Jarvis Island, Wake Island, 
Johnston Atoll, Palmyra Atoll and Kingman Reef.
    (b) The inner boundary of the regulatory area is as follows:
    (1) The shoreline of Baker Island, Howland Island, Jarvis Island, 
Wake Island, Johnston Atoll, Palmyra Atoll and Kingman Reef.
    (2) The seaward boundaries of the State of Hawaii, the Territory of 
Guam, the Territory of American Samoa; and
    (3) A line three nautical miles seaward from the shoreline of the 
CNMI.
    (c) The outer boundary of the regulatory area is the outer boundary 
of the U.S. EEZ or adjacent international maritime boundaries. The CNMI 
and Guam regulatory area is divided by a line intersecting these two 
points: 148 E. long., 12 N. lat., and 
142 E. long., 16 N. lat.


Sec.  660.609  Annual reports

    (a) Annual reports. By July 31 of each year, a Council-appointed 
coral reef ecosystem plan team will prepare an annual report on coral 
reef fisheries of the western Pacific region. The report will contain, 
among other things, fishery performance data, summaries of new 
information and assessments of need for Council action.
    (b) Recommendation for Council action. (1) 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;
    (2) 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.

0
10. In part 660, Tables 3 and 4 are added to read as follows:

        Table 3 To Part 660.--Currently Harvested Coral Reef Taxa
------------------------------------------------------------------------
              Family name                 Common name (scientific name)
------------------------------------------------------------------------
Acanthuridae (Surgeonfishes)...........  Orange-spot surgeonfish
                                          (Acanthurus olivaceus)
                                         Yellowfin surgeonfish
                                          (Acanthurus xanthopterus)
                                         Convict tang (Acanthurus
                                          triostegus)
                                         Eye-striped surgeonfish
                                          (Acanthurus dussumieri)
                                         Blue-lined surgeon (Acanthurus
                                          nigroris)
                                         Whitebar surgeonfish
                                          (Acanthurus leucopareius)
                                         Blue-banded surgeonfish
                                          (Acanthurus lineatus)
                                         Blackstreak surgeonfish
                                          (Acanthurus nigricauda)
                                         Whitecheek surgeonfish
                                          (Acanthurus nigricans)
                                         White-spotted surgeonfish
                                          (Acanthurus guttatus)
                                         Ringtail surgeonfish
                                          (Acanthurus blochii)
                                         Brown surgeonfish (Acanthurus
                                          nigrofuscus)

[[Page 8347]]

 
                                         Elongate surgeonfish
                                          (Acanthurus mata)
                                         Mimic surgeonfish (Acanthurus
                                          pyroferus)
                                         Yellow-eyed surgeonfish
                                          (Ctenochaetus strigousus)
                                         Striped bristletooth
                                          (Ctenochaetus striatus)
                                         Twospot bristletooth
                                          (Ctenochaetus binotatus
                                         Bluespine unicornfish (Naso
                                          unicornus)
                                         Orangespine unicornfish (Naso
                                          lituratus)
                                         Humpnose unicornfish (Naso
                                          tuberosus)
                                         Black tongue unicornfish (Naso
                                          hexacanthus)
                                         Bignose unicornfish (Naso
                                          vlamingii)
                                         Whitemargin unicornfish (Naso
                                          annulatus)
                                         Spotted unicornfish (Naso
                                          brevirostris)
                                         Humpback unicornfish (Naso
                                          brachycentron)
                                         Barred unicornfish (Naso
                                          thynnoides)
                                         Gray unicornfish (Naso caesius)
Balistidae (Triggerfishes).............  Titan triggerfish (Balistoides
                                          viridescens)
                                         Clown triggerfish (Balistoides
                                          conspicillum)
                                         Orangstriped triggerfish
                                          (Balistapus undulatus)
                                         Pinktail triggerfish
                                          (Melichthys vidua)
                                         Black triggerfish (Melichtys
                                          niger)
                                         Blue Triggerfish
                                          (Pseudobalistesfucus fucus)
                                         Picassofish (Rhinecanthus
                                          aculeatus)
                                         Wedged Picassofish (Balistoides
                                          rectangulus)
                                         Bridled triggerfish (Sufflamen
                                          fraenatus)
Carangidae (Jacks).....................  Bigeye scad (Selar
                                          crumenophthalmus)
                                         Mackerel scad (Decapterus
                                          macarellus)
Carcharhinidae (Sharks)................  Grey reef shark (Carcharhinus
                                          amblyrhynchos)
                                         Silvertip shark (Carcharhinus
                                          albimarginatus)
                                         Galapagos shark (Carcharhinus
                                          galapagenis)
                                         Blacktip reef shark
                                          (Carcharhinus melanopterus)
                                         Whitetip reef shark (Triaenodon
                                          obesus)
Holocentridae (Soldierfish/              Bigscale soldierfish
 Squirrelfish).                           (Myripristis berndti)
                                         Bronze soldierfish (Myripristis
                                          adusta)
                                         Blotcheye soldierfish
                                          (Myripristis murdjan)
                                         Brick soldierfish (Myripristis
                                          amaena)
                                         Scarlet soldierfish
                                          (Myripristis pralinia)
                                         Violet soldierfish (Myripristis
                                          violacea)
                                         Whitetip soldierfish
                                          (Myripristis vittata)
                                         Yellowfin soldierfish
                                          (Myripristis chryseres)
                                         Pearly soldierfish (Myripristis
                                          kuntee)
                                         Double tooth squirrel fish
                                          (Myripristis hexagona)
                                         Tailspot squirrelfish
                                          (Sargocentron caudimaculatum)
                                         Blackspot squirrelfish
                                          (Sargocentron melanospilos)
                                         File-lined squirrelfish
                                          (Sargocentron microstoma)
                                         Pink squirrelfish (Sargocentron
                                          tieroides)
                                         Crown squirrelfish
                                          (Sargocentron diadema)
                                         Peppered squirrelfish
                                          (Sargocentron punctatissimum)
                                         Blue-lined squirrelfish
                                          (Sargocentron tiere)
                                         Hawaiian squirrelfish
                                          (Sargocentron xantherythrum)
                                         Squirrelfish (Sargocentron
                                          furcatum)
                                         Saber or Long jaw squirrelfish
                                          (Sargocentron spiniferum)
                                         Spotfin squirrelfish (Neoniphon
                                          spp.)
Kuhliidae (Flag-tails).................  Hawaiian flag-tail (Kuhlia
                                          sandvicensis)
                                         Barred flag-tail (Kuhlia mugil)
Kyphosidae Rudderfish..................  Rudderfish (Kyphosus biggibus)
                                         Rudderfish (Kyphosus
                                          cinerascens)
                                         Rudderfish (Kyphosus
                                          vaigienses)
Labridae (Wrasses).....................  Saddleback hogfish (Bodianus
                                          bilunulatus)
                                         Napoleon wrasse (Cheilinus
                                          undulatus)
                                         Triple-tail wrasse (Cheilinus
                                          trilobatus)
                                         Floral wrasse (Cheilinus
                                          chlorourus)
                                         Harlequin tuskfish (Cheilinus
                                          fasciatus)
                                         Ring-tailed wrasse
                                          (Oxycheilinus unifasciatus)
                                         Bandcheek wrasse (Oxycheilinus
                                          diagrammus)
                                         Arenatus wrasse (Oxycheilinus
                                          arenatus)
                                         Razor wrasse (Xyricthys pavo)
                                         Whitepatch wrasse (Xyrichtes
                                          aneitensis)
                                         Cigar wrasse (Cheilio inermis)
                                         Blackeye thicklip (Hemigymnus
                                          melapterus)
                                         Barred thicklip (Hemigymnus
                                          fasciatus)
                                         Three-spot wrasse (Halichoeres
                                          trimaculatus)
                                         Checkerboard wrasse
                                          (Halichoeres hortulanus)

[[Page 8348]]

 
                                         Weedy surge wrasse (Halichoeres
                                          margaritacous)
                                         Goldstripe wrasse(Halichoeres
                                          zeylonicus)
                                         Surge wrasse (Thalassoma
                                          purpureum)
                                         Red ribbon wrasse (Thalassoma
                                          quinquevittatum)
                                         Sunset wrasse (Thalassoma
                                          lutescens)
                                         Longface wrasse (Hologynmosus
                                          doliatus)
                                         Rockmover wrasse
                                          (Novaculichthys taeniourus)
Mullidae (Goatfishes)..................  Yellow goatfish (Mulloidichthys
                                          spp.)
                                         Orange goatfish (Mulloidichthys
                                          pfleugeri)
                                         Yellowfin goatfish
                                          (Mulloidichthys vanicolensis)
                                         Yellowstripe goatfish
                                          (Mulloidichthys
                                          flaviolineatus)
                                         Banded goatfish (Parupeneus
                                          spp.)
                                         Dash-dot goatfish (Parupeneus
                                          barberinus)
                                         Doublebar goatfish (Parupeneus
                                          bifasciatus)
                                         Redspot goatfish (Parupeneus
                                          heptacanthus)
                                         White-lined goatfish
                                          (Parupeneus ciliatus)
                                         Yellowsaddle goatfish
                                          (Parupeneus cyclostomas)
                                         Side-spot goatfish (Parupeneus
                                          pleurostigma)
                                         Indian goatfish (Parupeneus
                                          indicus)
                                         Multi-barred goatfish
                                          (Parupeneus multifaciatus)
                                         Bantail goatfish (Upeneus arge)
Mugilidae (Mullets)....................  Stripped mullet (Mugil
                                          cephalus)
                                         Engel's mullet (Moolgarda
                                          engeli)
                                         False mullet (Neomyxus
                                          leuciscus)
                                         Fringelip mullet (Crenimugil
                                          crenilabis)
Muraenidae (Moray ells)................  Yellowmargin moray eel
                                          (Gymnothorax flavimarginatus)
                                         Giant moray eel (Gymnothorax
                                          javanicus)
                                         Undulated moray eel
                                          (Gymnothorax undulatus)
Octopodidae............................  Octopus (Octopus cyanea;
                                          Octopus ornatus)
Polynemidae............................  Threadfin (Polydactylus
                                          sexfilis)
Pricanthidae (Bigeye)..................  Glasseye (Heteropriacanthus
                                          cruentatus)
                                         Bigeye (Priacanthus hamrur)
Scaridae (Parrotfishes)................  Humphead parrotfish
                                          (Bulbometapon muracatum)
                                         Parrotfish (Scarus spp.)
                                         Pacific longnose parrotfish
                                          (Hipposcarus longiceps)
                                         Stareye parrotfish (Catolomus
                                          carolinus)
Scombridae.............................  Dogtooth tuna (Gymnosarda
                                          unicolor)
Siganidae (Rabbitfish).................  Forktail rabbitfish (Siganus
                                          aregentus)
                                         Golden rabbitfish (Siganus
                                          guttatus)
                                         Gold-spot rabbitfish (Siganus
                                          punctatissimus)
                                         Randall's rabbitfish (Siganus
                                          randalli)
                                         Scribbled rabbitfish (Siganus
                                          spinus)
                                         Vermiculate rabbitfish (Siganus
                                          vermiculatus)
Sphyraenidae (Barracuda)...............  Heller's barracuda (Sphyraena
                                          helleri)
                                         Great Barracuda (Sphyraena
                                          barracuda)
Turbinidae (turban shells/green snails)  Green snails (Turbo spp.)
Aquarium Taxa/Species..................  Acanthuridae
                                           Yellow tang (Zebrasoma
                                            flavescens)
                                           Yellow-eyed surgeon fish
                                            (Ctenochaetus strigosus)
                                         Achilles tang (Acanthurus
                                          achilles)
                                         Muraenidae
                                           Dragon eel (Enchelycore
                                            pardalis)
                                         Zanclidae
                                           Morrish idol (Zanclus
                                            cornutus)
                                         Pomacanthidae
                                           Angelfish (Centropyge
                                            shepardi, Centropyge
                                            flavissimus)
                                         Cirrhitidae
                                           Flame hawkfish (Neocirrhitus
                                            armatus)
                                         Chaetodontidae
                                           Butterflyfish (Chaetodon
                                            auriga, Chaetodon lunula,
                                            Chaetodon melannotus,
                                            Chaetodon ephippium)
                                         Pomacentridae
                                           Damselfish (Chromis viridis,
                                            Dascyllus aruanus, Dascyllus
                                            trimaculatus)
                                         Sabellidae
                                           Featherduster worm
------------------------------------------------------------------------


       Table 4 To Part 660.--Potentially Harvested Coral Reef Taxa
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Labridae spp. (wrasses) (Those species   Ephippidae (batfish)
 not listed in Table 3).

[[Page 8349]]

 
Carcharhinidae spp. Sphyrnidae spp.      Monodactylidae (monos)
 (Those species not listed in Table 3).
Dasyatididae, Myliobatidae, Mobulidae    Haemulidae (sweetlips)
 (rays).
Serranidae spp. (groupers) (Those        Echineididae (remoras)
 species not listed in Table 3 or are
 not bottomfish management unit
 species).
Carangidae (jacks/trevallies) (Those     Malacanthidae (tilefish)
 species not listed in Table 3 or are
 not bottomfish management unit
 species).
                                         Acanthoclinidae (spiny
                                          basslets)
Holocentridae spp. (soldierfish/         Pseudochromidae (dottybacks)
 squirrelfish) (Those species not
 listed in Table 3).
Mullidae spp. (goatfish) (Those species  Plesiopidae (prettyfins)
 not listed in Table 3).
Acanthuridae spp. (surgeonfish/          Tetrarogidae (waspfish)
 unicornfish) (Those species not listed
 in Table 3).
Lethrinidae spp. (emperor fish) (Those   Caracanthidae (coral crouchers)
 species not listed in Table 3 or are
 not bottomfish management unit
 species).
Chlopsidae, Congridae, Moringuidae,      Grammistidae (soapfish)
 Ophichthidae (eels) Muraenidae (morays
 eels) (Those species not listed in
 Table 3).
Apogonidae (cardinalfish)..............  Aulostomus chinensis
                                          (trumpetfish)
Zanclidae spp. (moorish idols) (Those    Fistularia commersoni
 species not listed in Table 3).          (coronetfish)
Chaetodontidae spp. (butterflyfish)      Anomalopidae (flashlightfish)
 (Those species not listed in Table 3).
Pomacanthidae spp. (angelfish) (Those    Clupeidae (herrings)
 species not listed in Table 3).
Pomacentridae spp. (damselfish) (Those   Engraulidae (anchovies)
 species not listed in Table 3).
Scorpaenidae (scorpionfish)............  Gobiidae (gobies)
Blenniidae (blennies)..................  Lutjanidae (snappers) (Those
                                          species that are not listed in
                                          Table 3 or are not bottomfish
                                          management unit species)
Sphyraenidae spp. (barracudas) (Those    Ballistidae/Monocanthidae spp.
 species not listed in Table 3).          (Those species not listed in
                                          Table 3)
Pinguipedidae (sandperches)............  Siganidae spp. (rabbit fish)
                                          (Those species not listed in
                                          Table 3)
Gymnosarda unicolor....................   Kyphosidae spp. (rudderfish)
                                          (Those species not listed in
                                          Table 3)
Bothidae/Soleidae/Pleurnectidae          Caesionidae (fusiliers)
 (flounder/sole).
Ostraciidae (trunkfish)................  Cirrhitidae (hawkfish) (Those
                                          species not listed in Table 3
Tetradontidae/Diodontidae (puffer/       Antennariidae (frogfishes)
 porcupinefish).
                                         Syngnathidae (pipefishes/
                                          seahorses)
Stony corals...........................  Echinoderms (e.g., sea
                                          cucumbers, sea urchins)
Heliopora (blue corals)................  Mollusca (Those species not
                                          listed in Table 3)
Tubipora (organpipe corals)............  Sea Snails (gastropods) (Those
                                          species not listed in Table 3)
Azooxanthellates (ahermatypic corals)..  Trochus spp.
Fungiidae (mushroom corals)............  Opistobranchs (sea slugs)
Small and large polyp corals...........  Pinctada margaritifera (black
                                          lipped pearl oyster)
Millepora (firecorals).................  Tridacnidae (giant clams)
Soft corals and Gorgonians.............  Other Bivalves (other clams)
Actinaria (anemones)...................  Cephalopods
Zoanthinaria (soft zoanthid corals)....  Crustaceans (Lobsters, Shrimps/
                                          mantis shrimps, true crabs and
                                          hermit crabs (not listed as
                                          crustacean management unit
                                          species)
Sponges (Porifera).....................  Stylasteridae (lace corals)
Hydrozoans.............................  Solanderidae (hydroid corals)
Bryozoans..............................  Annelids (segmented worms)
                                          (Those species not listed in
                                          Table 3)
                                         Algae (seaweeds)
Tunicates (sea squirts)................  Live rock
----------------------------------------
All other coral reef ecosystem management unit species that are marine
 plants, invertebrates, and fishes that are not listed in Table 3 or are
 not bottomfish management unit species, crustacean management unit
 species, Pacific pelagic management unit species, precious coral or
 seamount groundfish.
------------------------------------------------------------------------

[FR Doc. 04-3851 Filed 2-23-04; 8:45 am]
BILLING CODE 3510-22-P