[Federal Register Volume 74, Number 222 (Thursday, November 19, 2009)]
[Proposed Rules]
[Pages 60050-60120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26557]



[[Page 60049]]

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Part II





Department of Commerce





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National Oceanic and Atmospheric Administration



15 CFR Part 902

50 CFR Parts 223, 404, and 665



Western Pacific Fisheries; Regulatory Restructuring; Proposed Rule

  Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / 
Proposed Rules  

[[Page 60050]]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Parts 223, 404, and 665

[Docket No. 071220872-91160-02]
RIN 0648-AU71


Western Pacific Fisheries; Regulatory Restructuring

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

ACTION: Proposed rule; regulatory restructuring; request for comments.

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SUMMARY: This proposed rule would restructure existing western Pacific 
fishery regulations. It would not make substantive changes to existing 
regulations. The regulations would be organized according to 
geographical areas, rather than target species as they are now, in 
order to be consistent with five new area-specific fishery ecosystem 
plans (FEP). This proposed rule would also amend references to the 
Paperwork Reduction Act (PRA) information collection requirements to 
reflect the restructuring. The purpose of this rule is to make the 
regulations easier for the public to use by organizing existing fishing 
regulations by geographic location.

DATES: Comments on this proposed rule must be received by December 4, 
2009.

ADDRESSES: Comments on this proposed rule, identified by 0648-AU71, may 
be sent to either of the following addresses:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal http://www.regulations.gov; or
     Mail: William L. Robinson, Regional Administrator, NMFS, 
Pacific Islands Region (PIR), 1601 Kapiolani Blvd., Suite 1110, 
Honolulu, HI 96814-4700.
    Instructions: Comments will be posted for public viewing after the 
comment period has closed. All comments received are a part of the 
public record and will generally be posted to http://www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.) submitted voluntarily by the 
commenter may be publicly accessible. Do not submit confidential 
business information, or otherwise sensitive or protected information. 
NMFS will accept anonymous comments (if you wish to remain anonymous, 
enter ``NA'' in the required name and organization fields). Attachments 
to electronic comments will be accepted in Microsoft Word or Excel, 
WordPerfect, or Adobe PDF file formats only.
    Copies of the five current western Pacific fishery management plans 
(FMPs) (Bottomfish and Seamount Groundfish FMP, Coral Reef Ecosystems 
FMP, Crustaceans FMP, Pelagics FMP, and Precious Corals FMP), the five 
new FEPs (American Samoa, Hawaii, Mariana Archipelago, Pacific Remote 
Island Areas, and Western Pacific Pelagics), and the Programmatic 
Environmental Impact Statement (PEIS) that was prepared for the FEPs 
and regulatory restructuring are available from the Western Pacific 
Fishery Management Council (Council), 1164 Bishop St., Suite 1400, 
Honolulu, HI 96813, tel 808-522-8220, fax 808-522-8226, or http://www.wpcouncil.org.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to William L. Robinson, NMFS PIR, and by 
e-mail to [email protected], or fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Brett Wiedoff, NMFS PIR, 808-944-2272.

SUPPLEMENTARY INFORMATION: This Federal Register document is also 
accessible at http://www.gpoaccess.gov/fr.
    To date, fisheries in the western Pacific have been managed through 
five species- or fishery-directed FMPs: For bottomfish and seamount 
groundfish, crustaceans, precious corals, coral reef ecosystems, and 
pelagic species. The FEPs cover archipelagos or other broad geographic 
areas, including American Samoa, the Mariana Islands (Guam and the 
Northern Mariana Islands), Hawaii, the Pacific remote island areas 
(PRIA) (Palmyra Atoll, Kingman Reef, Jarvis Island, Baker Island, 
Howland Island, Johnston Atoll, and Wake Island), and one FEP would 
manage western Pacific pelagic fisheries. The FEPs incorporate and 
reorganize elements of the five existing FMPs, and do not change the 
current management regime. The FEPs enable the Council and NMFS to 
focus on a comprehensive ecosystem approach to fisheries management, 
consistent with NOAA's regional ecosystem-based management strategy. 
The objectives of the FEPs will be consistent with the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act) through 
the incorporation of ecosystem goals and principles in fisheries 
management.
    The five Western Pacific FMPs, previously developed by the Council, 
and approved and implemented by NMFS, provide the source and structure 
of the regulations at title 50 of the Code of Federal Regulations, part 
665 (50 CFR part 665). The FEPs establish management regimes that 
consider the unique ecosystems of each island group or area in the 
western Pacific. Accordingly, this proposed rule would restructure 
existing regulations for efficient use by fishermen, government 
agencies, and the general public. No substantive changes would be made 
to the regulations, but several definitions would be added to reference 
the FEPs, some sections would be redesignated and revised to reflect 
each geographic area, several errors would be corrected, and 
administrative titles and telephone numbers would be updated.
    In 1996, NMFS consolidated six parts of the Code of Federal 
Regulations (CFR) into one new CFR part (50 CFR part 660) (61 FR 34570, 
July 2, 1996). Among other actions, that rule consolided regulations 
that implemented fishery conservation and management measures for 
fisheries operating in the exclusive economic zone (EEZ) off the west 
coast and in the western Pacific. The 1996 action also reorganized the 
rules into a more logical and cohesive order, removed duplicative and 
outdated provisions, and made editorial changes for readability, 
clarity and uniformity in the regulatory language. That final rule 
carried out a directive from President Clinton to Federal agencies 
regarding their responsibilities under his Regulatory Reinvention 
Initiative. This initiative, part of the National Performance Review, 
called for comprehensive regulatory reforms, and the President directed 
all agencies to review their regulations, with an emphasis on 
eliminating or modifying those that are obsolete, duplicative, or 
otherwise in need of reform.
    Ten years later, NMFS again restructured the regulations (71 FR 
17985, April 10, 2006). The measures in 50 CFR part 660 that had 
pertained to fisheries in the western Pacific were redesignated as a 
new part 665. The 2006 regulatory restructuring was consistent with 
NMFS' earlier establishment of the new Pacific Islands Region, which 
created the Pacific Islands Regional Office (PIRO) and Pacific Islands 
Fisheries Science Center. The new Region is responsible for 
administering NMFS conservation, management, and research programs in 
the western Pacific. Additionally, the Council at that time was in the 
process of creating FEPs to replace its fishery- or species-based FMPs. 
The 2006 rule was

[[Page 60051]]

a prelude to the transition to the FEP structure.
    In September 2009, the Council finalized the FEPs and submitted 
them to NMFS for Secretarial review and approval. This proposed rule 
restructures the regulations to be consistent with the FEP 
organization, and makes the regulations easier for fishermen, managers 
and the general public to use.
    This proposed rule would redesignate old subparts A (General) and B 
(Western Pacific Fisheries-General) of 50 CFR 665 as new subpart A 
(General). Old Subpart C (Western Pacific Pelagic Fisheries) would be 
redesignated as new subpart F (Western Pacific Pelagic Fisheries). Old 
subparts D (Western Pacific Crustacean Fisheries), E (Bottomfish and 
Seamount Groundfish Fisheries), F (Precious Coral Fisheries), and G 
(Western Pacific Coral Reef Ecosystem Fisheries) would be redesignated 
as B (American Samoa Fisheries), C (Hawaii Fisheries), D (Mariana 
Archipelago Fisheries), and E (Pacific Remote Island Area Fisheries). 
Each of these new geographic subparts would identify the management 
unit species (MUS) managed under the FEPs, as well as area restrictions 
within the management area. Each subpart would also be organized by 
fishery. For example, only those bottomfish species that are known to 
occur in the EEZ around American Samoa are included in the American 
Samoa bottomfish MUS in the section for American Samoa bottomfish 
fisheries.
    Fishery-specific regulations would be redesignated and revised to 
reflect the correct cross-referenced sections and FEP naming 
conventions for the respective fishery sections in each of the four 
archipelagic ecosystem subparts. Thus, only those regulations relevant 
to the specific area, or general to all fisheries geographically 
located in the area, would be included within the subpart. Regulations 
for pelagic fisheries in all fishery management areas would be included 
in subpart F.
    This proposed rule would redesignate regulations that define the 
fishery management process as new section 50 Sec.  665.18, Framework 
Measures, in subpart A. This rule would also correct inadvertent errors 
in 50 CFR part 665 relating to cross-referenced section citations, and 
it would update several administrative names and contact information.
    In a final rule published on December 12, 2008, (73 FR 75615) 
paragraphs (o) through (u) in old Sec.  665.22 were redesignated as 
paragraphs (m) through (s) in Sec.  665.15. That redesignation should 
also have included old Sec.  665.22(n). This proposed rule corrects the 
error.
    This proposed rule also would correct an error related to sea 
turtle mitigation measures. On March 28, 2000, NMFS published a final 
rule that implemented several measures intended to mitigate injuries to 
sea turtles by the Hawaii pelagic longline fishery, including 
requirements to carry and use line clippers, dip nets, and dehookers 
(65 FR 16346). In a subsequent final rule published on November 15, 
2005, relating to sea turtle mitigation measures (70 FR 69282), the 
regulations relating to line clippers in Sec.  665.32 were 
inadvertently omitted. This proposed rule would correct the error in 
new Sec.  665.812.
    In the definition of western Pacific pelagic management unit 
species, the spelling of the scientific names for the pelagic thresher 
shark and yellowfin tuna would be corrected, and the scientific name of 
the bigeye thresher shark would be revised to include the species, 
which was inadvertently omitted from the definition. The scientific 
names of a Hawaii black coral and the pelagic armorhead would also be 
updated.
    This proposed rule would also correct current regulations to 
reflect that certain provisions have been superseded. In old 50 CFR 
665.22 (proposed new Sec.  668.802), paragraph (gg) prohibits Hawaii 
shallow-set longline fishing north of the Equator with hooks other than 
offset circle hooks sized 18/0 or larger with a 10 degree offset. This 
paragraph is superseded by paragraph (jj), which prohibits such fishing 
from any western Pacific longline vessel. Similarly, in old 50 CFR 
665.22, paragraph (hh) prohibits Hawaii shallow-set longline fishing 
north of the Equator with bait other than mackerel-type bait. This 
provision is superseded by paragraph (kk), which prohibits such fishing 
from any western Pacific longline vessel. In old 50 CFR 665.22, 
paragraph (dd) prohibits owning or operating any western Pacific 
longline vessel without having on board a valid protected species 
workshop certificate issued by NMFS; paragraph (ll) applies that 
prohibition only to Hawaii longline operators, a subset of those 
covered in paragraph (dd). In old 50 CFR 665.22, paragraph (aa) 
prohibits operating a vessel under a longline limited access permit for 
American Samoa or Hawaii without complying with sea turtle handling 
requirements. This paragraph is superseded by paragraph (ii), which 
requires a vessel registered for use under any pelagic fishing permit 
to comply with sea turtle handling requirements. Thus, paragraphs (aa), 
(gg), (hh), and (ll) would be removed.
    A technical clarification in old 50 CFR Sec.  665.72(d) (proposed 
new Sec.  665.211(d)) would revise the exception to the possession of 
Hawaii Restricted Bottomfish Species after the total allowable catch 
limit is reached.
    This proposed rule would add or revise several definitions to be 
consistent with the FEPs and restructured regulations, correct errors 
in cross referencing, remove duplicative text, add geographic 
information, and correct inadvertent omissions. A technical 
clarification at Sec.  665.12 would remove the definition for 
``Bottomfish management area'' and ``Lobster closed area'' as these 
terms are artifacts from old regulations and are not currently used in 
part 665.
    This proposed rule would remove a duplicate requirement for 
fishermen to complete a short-tailed albatross recovery data form. In 
old Sec.  665.35(b), paragraph (8) was inadvertently duplicated by 
paragraph (12). This proposed rule would correct the error by removing 
the redundant paragraph.
    This proposed rule also would revise several cross-references to 50 
CFR part 665 found in 50 CFR part 404 regarding the Northwestern 
Hawaiian Islands Marine National Monument.
    In a previous regulatory restructuring (71 FR 17985, April 10, 
2006), the regulations were redesignated section-by-section from old 50 
CFR part 660 to new 50 CFR part 665. In the resulting regulations, 
artifact cross-references to part 660 remain, and these would be 
corrected in this proposed rule. Also, in Sec.  665.1(c), the cross-
reference to 50 CFR part 600 subpart N was inadvertently changed to 
incorrectly reference 50 CFR part 665. This error would also be 
corrected.
    The following table lists the distribution of the subparts and 
sections in 50 CFR part 665 proposed in these revisions:

------------------------------------------------------------------------
                Old section                          New section
------------------------------------------------------------------------
Subpart A--General.                         Subpart A--General.
Sec.   665.1 Purpose and scope............  Sec.   665.1 Purpose and
                                             scope.
Sec.   665.2 Relation to other laws.......  Sec.   665.2 Relation to
                                             other laws.
Sec.   665.3 Reporting and recordkeeping..  Sec.   665.14 Reporting and
                                             recordkeeping.
Sec.   665.4 Licensing and registration...  Sec.   665.3 Licensing and
                                             registration.
Subpart B--Western Pacific Fisheries--      Subpart B--American Samoa
 General.                                    Fisheries.
Sec.   665.11 Purpose and scope...........  Sec.   665.1 Purpose and
                                             scope.
Sec.   665.12 Definitions.................  Sec.   665.12 Definitions.

[[Page 60052]]

 
                                            Sec.   665.101 Definitions.
                                             (American Samoa).
                                            Sec.   665.121 Definitions.
                                             (American Samoa).
                                            Sec.   665.141 Definitions.
                                             (American Samoa).
                                            Sec.   665.161 Definitions.
                                             (American Samoa).
                                            Sec.   665.201 Definitions.
                                             (Hawaii).
                                            Sec.   665.221 Definitions.
                                             (Hawaii).
                                            Sec.   665.241 Definitions.
                                             (Hawaii).
                                            Sec.   665.261 Definitions.
                                             (Hawaii).
                                            Sec.   665.401 Definitions.
                                             (Marianas).
                                            Sec.   665.421 Definitions.
                                             (Marianas).
                                            Sec.   665.441 Definitions.
                                             (Marianas).
                                            Sec.   665.461 Definitions.
                                             (Marianas).
                                            Sec.   665.601 Definitions.
                                             (PRIA).
                                            Sec.   665.621 Definitions.
                                             (PRIA).
                                            Sec.   665.641 Definitions.
                                             (PRIA).
                                            Sec.   665.661 Definitions.
                                             (PRIA).
                                            Sec.   665.800 Definitions.
                                             (Western Pacific Pelagic).
Sec.   665.13 Permits and fees............  Sec.   665.13 Permits and
                                             fees.
Sec.   665.14 Reporting and recordkeeping.  Sec.   665.14 Reporting and
                                             recordkeeping.
Sec.   665.15 Prohibitions................  Sec.   665.15 Prohibitions.
Sec.   665.16 Vessel identification.......  Sec.   665.16 Vessel
                                             identification.
Sec.   665.17 Experimental fishing........  Sec.   665.17 Experimental
                                             fishing.
Sec.   665.18 Area restrictions...........  Sec.   665.99 Area
                                             restrictions. (American
                                             Samoa).
                                            Sec.   665.199 Area
                                             restrictions. (Hawaii).
                                            Sec.   665.399 Area
                                             restrictions. (Marianas).
                                            Sec.   665.599 Area
                                             Restrictions. (PRIA).
Sec.   665.19 Vessel monitoring system....  Sec.   665.19 Vessel
                                             monitoring system.
Subpart C--Western Pacific Pelagic          Subpart C--Hawaii Fisheries.
 Fisheries.
Sec.   665.21 Permits.....................  Sec.   665.801 Permits.
Sec.   665.22 Prohibitions................  Sec.   665.802 Prohibitions.
Sec.   665.23 Notifications...............  Sec.   665.803
                                             Notifications.
Sec.   665.24 Gear identification.........  Sec.   665.804 Gear
                                             identification.
Sec.   665.26 Longline fishing prohibited   Sec.   665.806 Longline
 area management.                            fishing prohibited area
                                             management.
Sec.   665.27 Exemptions for longline       Sec.   665.807 Exemptions
 fishing prohibited areas; procedures.       for longline fishing
                                             prohibited areas;
                                             procedures.
Sec.   665.28 Conditions for at-sea         Sec.   665.808 Conditions
 observer coverage.                          for at-sea observer
                                             coverage.
Sec.   665.29 Port privileges and           Sec.   665.809 Port
 transiting for unpermitted U.S. longline    privileges and transiting
 vessels.                                    for unpermitted U.S.
                                             longline vessels.
Sec.   665.30 Prohibition of drift          Sec.   665.810 Prohibition
 gillnetting.                                of drift gillnetting.
Sec.   665.31 Framework adjustments to      Sec.   665.18 Framework
 management measures.                        adjustments to management
                                             measures.
Sec.   665.32 Sea turtle take mitigation    Sec.   665.812 Sea turtle
 measures.                                   take mitigation measures.
Sec.   665.33 Western Pacific longline      Sec.   665.813 Western
 fishing restrictions.                       Pacific longline fishing
                                             restrictions.
Sec.   665.34 Protected species workshop..  Sec.   665.814 Protected
                                             species workshop.
Sec.   665.35 Pelagic longline seabird      Sec.   665.815 Pelagic
 mitigation measures.                        longline seabird mitigation
                                             measures.
Sec.   665.36 American Samoa longline       Sec.   665.816 American
 limited entry program.                      Samoa longline limited
                                             entry program.
Sec.   665.37 American Samoa pelagic        Sec.   665.817 American
 fishery area management.                    Samoa pelagic fishery area
                                             management.
Sec.   665.38 Exemptions for American       Sec.   665.818 Exemptions
 Samoa large vessel prohibited areas.        for American Samoa large
                                             vessel prohibited areas.
Subpart D--Western Pacific Crustacean       Subpart D--Mariana
 Fisheries.                                  Archipelago Fisheries.
Sec.   665.41 Permits.....................  Sec.   665.142 Permits.
                                             (American Samoa).
                                            Sec.   665.242 Permits.
                                             (Hawaii).
                                            Sec.   665.442 Permits.
                                             (Marianas).
                                            Sec.   665.642 Permits.
                                             (PRIA).
Sec.   665.42 Prohibitions................  Sec.   665.143 Prohibitions.
                                             (American Samoa).
                                            Sec.   665.243 Prohibitions.
                                             (Hawaii).
                                            Sec.   665.443 Prohibitions.
                                             (Marianas).
                                            Sec.   665.643 Prohibitions.
                                             (PRIA).
Sec.   665.43 Notifications...............  Sec.   665.144
                                             Notifications. (American
                                             Samoa).
                                            Sec.   665.244
                                             Notifications. (Hawaii).
                                            Sec.   665.444
                                             Notifications. (Marianas).
                                            Sec.   665.644
                                             Notifications. (PRIA).
Sec.   665.44 Lobster size and condition    Sec.   665.249 Lobster size
 restrictions--Permit Area 2.                and condition restrictions--
                                             Permit Area 2.
Sec.   665.45 Closed seasons..............  Sec.   665.250 Closed
                                             seasons.
Sec.   665.46 Closed areas................  Sec.   665.251 Closed areas.
Sec.   665.47 Gear identification.........  Sec.   665.246 Gear
                                             identification.
Sec.   665.48 Gear restrictions...........  Sec.   665.245 Gear
                                             restrictions.
Sec.   665.49 At-sea observer coverage....  Sec.   665.145 At-sea
                                             observer coverage.
                                             (American Samoa).
                                            Sec.   665.247 At-sea
                                             observer coverage.
                                             (Hawaii).
                                            Sec.   665.445 At-sea
                                             observer coverage.
                                             (Marianas).
                                            Sec.   665.645 At-sea
                                             observer coverage. (PRIA).
Sec.   665.50 Harvest limitation program..  Sec.   665.252 Harvest
                                             limitation program.
Sec.   665.51 Monk seal protective          Sec.   665.248 Monk seal
 measures.                                   protective measures.
 Sec.   665.52 Monk seal emergency
 protective measures.
Sec.   665.53 Framework procedures........  Sec.   665.18 Framework
                                             adjustments to management
                                             measures.
 Sec.   665.54 Five-year review.
Subpart E--Bottomfish and Seamount          Subpart E--Pacific Remote
 Groundfish Fisheries.                       Island Area Fisheries.
Sec.   665.61 Permits.....................  Sec.   665.203 Permits.
                                             (Hawaii).
                                            Sec.   665.404 Permits.
                                             (Marianas).
                                            Sec.   665.603 Permits.
                                             (PRIA).
Sec.   665.62 Prohibitions................  Sec.   665.103 Prohibitions.
                                             (American Samoa).
                                            Sec.   665.204 Prohibitions.
                                             (Hawaii).
                                            Sec.   665.405 Prohibitions.
                                             (Marianas).
                                            Sec.   665.604 Prohibitions.
                                             (PRIA).
Sec.   665.63 Notification................  Sec.   665.205 Notification.
                                             (Hawaii).
Sec.   665.64 Gear restrictions...........  Sec.   665.104 Gear
                                             restrictions. (American
                                             Samoa).
                                            Sec.   665.206 Gear
                                             Restrictions. (Hawaii).
                                            Sec.   665.406 Gear
                                             restrictions. (Marianas).
                                            Sec.   665.605 Gear
                                             restrictions. (PRIA).
Sec.   665.65 At-sea observer coverage....  Sec.   665.105 At-sea
                                             observer coverage.
                                             (American Samoa).

[[Page 60053]]

 
                                            Sec.   665.207 At-sea
                                             observer coverage.
                                             (Hawaii).
                                            Sec.   665.407 At-sea
                                             observer coverage.
                                             (Marianas).
                                            Sec.   665.606 At-sea
                                             observer coverage. (PRIA).
Sec.   665.66 Protected species             Sec.   665.208 Protected
 conservation.                               species conservation.
Sec.   665.67 Framework for regulatory      Sec.   665.18 Framework
 adjustments.                                adjustments to management
                                             measures.
Sec.   665.68 Fishing moratorium on         Sec.   665.209 Fishing
 Hancock Seamount.                           moratorium on Hancock
                                             Seamount.
Sec.   665.69 Management subareas.........  Sec.   665.98 Management
                                             area. (American Samoa).
                                            Sec.   665.198 Management
                                             areas. (Hawaii).
                                            Sec.   665.202 Management
                                             subareas. (Hawaii).
                                            Sec.   665.398 Management
                                             areas. (Marianas).
                                            Sec.   665.402 Management
                                             subareas. (Marianas).
                                            Sec.   665.598 Management
                                             area. (PRIA).
Sec.   665.70 Bottomfish fishery area       Sec.   665.403 Bottomfish
 management.                                 fishery area management.
Sec.   665.71 Hawaii restricted bottomfish  Sec.   665.210 Hawaii
 species.                                    restricted bottomfish
                                             species.
Sec.   665.72 Total Allowable Catch (TAC)   Sec.   665.211 Total
 limit.                                      Allowable Catch (TAC)
                                             limit.
Sec.   665.73 Non-commercial bag limits...  Sec.   665.212 Non-
                                             commercial bag limits.
Subpart F--Precious Corals Fisheries......  Subpart F--Western Pacific
                                             Pelagic Fisheries.
Sec.   665.81 Permits.....................  Sec.   665.162 Permits.
                                             (American Samoa).
                                            Sec.   665.262 Permits.
                                             (Hawaii).
                                            Sec.   665.462 Permits.
                                             (Marianas).
                                            Sec.   665.662 Permits.
                                             (PRIA).
Sec.   665.82 Prohibitions................  Sec.   665.163 Prohibitions.
                                             (American Samoa).
                                            Sec.   665.263 Prohibitions.
                                             (Hawaii).
                                            Sec.   665.463 Prohibitions.
                                             (Marianas).
                                            Sec.   665.663 Prohibitions.
                                             (PRIA).
Sec.   665.83 Seasons.....................  Sec.   665.168 Seasons.
                                             (American Samoa).
                                            Sec.   665.267 Seasons.
                                             (Hawaii).
                                            Sec.   665.468 Seasons.
                                             (Marianas).
                                            Sec.   665.668 Seasons.
                                             (PRIA).
Sec.   665.84 Quotas......................  Sec.   665.167 Quotas.
                                             (American Samoa).
                                            Sec.   665.269 Quotas.
                                             (Hawaii).
                                            Sec.   665.467 Quotas.
                                             (Marianas).
                                            Sec.   665.667 Quotas.
                                             (PRIA).
Sec.   665.85 Closures....................  Sec.   665.166 Closures.
                                             (American Samoa).
                                            Sec.   665.268 Closures.
                                             (Hawaii).
                                            Sec.   665.466 Closures.
                                             (Marianas).
                                            Sec.   665.666 Closures.
                                             (PRIA).
Sec.   665.86 Size restrictions...........  Sec.   665.165 Size
                                             restrictions. (American
                                             Samoa).
                                            Sec.   665.265 Size
                                             restrictions. (Hawaii).
                                            Sec.   665.465 Size
                                             restrictions. (Marianas).
                                            Sec.   665.665 Size
                                             restrictions. (PRIA).
Sec.   665.87 Area restrictions...........  Sec.   665.266 Area
                                             restrictions. (Hawaii).
Sec.   665.88 Gear restrictions...........  Sec.   665.164 Gear
                                             restrictions. (American
                                             Samoa).
                                            Sec.   665.264 Gear
                                             restrictions. (Hawaii).
                                            Sec.   665.464 Gear
                                             restrictions. (Marianas).
                                            Sec.   665.664 Gear
                                             restrictions. (PRIA).
Sec.   665.89 Framework procedures........  Sec.   665.18 Framework
                                             adjustments to management
                                             measures.
Sec.   665.90 Gold coral harvest            Sec.   665.169 Gold coral
 moratorium.                                 harvest moratorium.
                                             (American Samoa).
                                            Sec.   665.270 Gold coral
                                             harvest moratorium.
                                             (Hawaii).
                                            Sec.   665.469 Gold coral
                                             harvest moratorium.
                                             (Marianas).
                                            Sec.   665.669 Gold coral
                                             harvest moratorium. (PRIA).
Subpart G--Western Pacific Coral Reef       None.
 Ecosystem Fisheries.
Sec.   665.601 Relation to other laws.....  Sec.   665.123 Relation to
                                             other laws. (American
                                             Samoa).
                                            Sec.   665.223 Relation to
                                             other laws. (Hawaii).
                                            Sec.   665.423 Relation to
                                             other laws. (Marianas).
                                            Sec.   665.623 Relation to
                                             other laws. (PRIA).
Sec.   665.602 Permits and fees...........  Sec.   665.124 Permits and
                                             Fees. (American Samoa).
                                            Sec.   665.224 Permits and
                                             Fees. (Hawaii).
                                            Sec.   665.424 Permits and
                                             Fees. (Marianas).
                                            Sec.   665.624 Permits and
                                             Fees. (PRIA).
Sec.   665.603 Prohibitions...............  Sec.   665.125 Prohibitions.
                                             (American Samoa).
                                            Sec.   665.225 Prohibitions.
                                             (Hawaii).
                                            Sec.   665.425 Prohibitions.
                                             (Marianas).
                                            Sec.   665.625 Prohibitions.
                                             (PRIA).
Sec.   665.604 Notifications..............  Sec.   665.126
                                             Notifications. (American
                                             Samoa).
                                            Sec.   665.226
                                             Notifications. (Hawaii).
                                            Sec.   665.426
                                             Notifications. (Marianas).
                                            Sec.   665.626
                                             Notifications. (PRIA).
Sec.   665.605 Allowable gear and gear      Sec.   665.127 Allowable
 restrictions.                               gear and gear restrictions.
                                             (American Samoa).
                                            Sec.   665.227 Allowable
                                             gear and gear restrictions.
                                             (Hawaii).
                                            Sec.   665.427 Allowable
                                             gear and gear restrictions.
                                             (Marianas).
                                            Sec.   665.627 Allowable
                                             gear and gear restrictions.
                                             (PRIA).
Sec.   665.606 Gear identification........  Sec.   665.128 Gear
                                             identification. (American
                                             Samoa).
                                            Sec.   665.228 Gear
                                             identification. (Hawaii).
                                            Sec.   665.428 Gear
                                             identification. (Marianas).
                                            Sec.   665.628 Gear
                                             identification. (PRIA).
Sec.   665.607 Framework for regulatory     Sec.   665.18 Framework for
 adjustments.                                regulatory adjustments.
Sec.   665.608 Regulatory area............  Sec.   665.98 Management
                                             area. (American Samoa).
                                            Sec.   665.222 Management
                                             area. (Hawaii).
                                            Sec.   665.422 Management
                                             area. (Marianas).
                                            Sec.   665.598 Management
                                             area. (PRIA).
Sec.   665.609 Annual reports.............  Sec.   665.18 Framework for
                                             regulatory adjustments.

[[Page 60054]]

 
Table 1 to Part 665--Quotas for Precious    Sec.   665.167 Quotas.
 Corals Permit Areas.                        (American Samoa).
                                            Sec.   665.269 Quotas.
                                             (Hawaii).
                                            Sec.   665.467 Quotas.
                                             (Marianas).
                                            Sec.   665.667 Quotas.
                                             (PRIA).
Table 2 to Part 665--Currently Harvested    Sec.   665.121 Definitions.
 Coral Reef Taxa.                            (American Samoa).
                                            Sec.   665.221 Definitions.
                                             (Hawaii).
                                            Sec.   665.421 Definitions.
                                             (Marianas).
                                            Sec.   665.621 Definitions.
                                             (PRIA).
Table 3 to Part 665--Potentially Harvested  Sec.   665.121 Definitions.
 Coral Reef Taxa.                            (American Samoa).
                                            Sec.   665.221 Definitions.
                                             (Hawaii).
                                            Sec.   665.421 Definitions.
                                             (Marianas).
                                            Sec.   665.621 Definitions.
                                             (PRIA).
Figure 1 to Part 665--Carapace Length of    Figure 1 to Part 665--
 Lobsters.                                   Carapace Length of
                                             Lobsters.
Figure 2 to Part 665--Length of Fishing     Figure 2 to Part 665--Length
 Vessel.                                     of Fishing Vessel.
None......................................  Figure 3 to Part 665--Sample
                                             Fabricated Arceneaux Line
                                             Clipper.
None......................................  Sec.   665.100 American
                                             Samoa Bottomfish and
                                             Seamount Groundfish
                                             Fisheries.
                                            Sec.   665.120 American
                                             Samoa Coral Reef Ecosystem
                                             Fisheries.
                                            Sec.   665.140 American
                                             Samoa Crustacean Fisheries.
                                            Sec.   665.160 American
                                             Samoa Precious Coral
                                             Fisheries.
None......................................  Sec.   665.200 Hawaii
                                             Bottomfish and Seamount
                                             Groundfish Fisheries.
                                            Sec.   665.220 Hawaii Coral
                                             Reef Ecosystem Fisheries.
                                            Sec.   665.240 Hawaii
                                             Crustacean Fisheries.
                                            Sec.   665.260 Hawaii
                                             Precious Coral Fisheries.
None......................................  Sec.   665.400 Mariana
                                             Bottomfish and Seamount
                                             Groundfish Fisheries.
                                            Sec.   665.420 Mariana Coral
                                             Reef Ecosystem Fisheries.
                                            Sec.   665.440 Mariana
                                             Crustacean Fisheries.
                                            Sec.   665.460 Mariana
                                             Precious Coral Fisheries.
None......................................  Sec.   665.600 PRIA
                                             Bottomfish and Seamount
                                             Groundfish Fisheries.
                                            Sec.   665.620 PRIA Coral
                                             Reef Ecosystem Fisheries.
                                            Sec.   665.640 PRIA
                                             Crustacean Fisheries.
                                            Sec.   665.660 PRIA Precious
                                             Coral Fisheries.
None......................................  Sec.   665.798 Management
                                             Area (Western Pacific
                                             Pelagic).
------------------------------------------------------------------------

Revisions to Paperwork Reduction Act (PRA) References

    Section 3507 of the PRA requires that agencies inventory and 
display a current control number assigned by the Director, OMB, for 
each agency information collection, and 15 CFR Sec.  902.1(b) 
identifies the location of NOAA regulations for which OMB approvals 
have been issued. Because this proposed rule would codify recordkeeping 
and reporting requirements, 15 CFR Sec.  902.1(b) would be revised to 
correctly reference the new sections resulting from the reorganization.
    The following table lists the derivation of the NOAA PRA approvals 
for regulatory requirements in 50 CFR part 665:

------------------------------------------------------------------------
           Old section                New section       OMB control No.
------------------------------------------------------------------------
Sec.   665.13 Permits and fees..  Sec.   665.13       0648-0463, -0490,
                                   Permits and fees.   0577, -0584, -
                                                       0586, and -0589.
Sec.   665.14 Reporting and       Sec.   665.14       0648-0214, -0462,
 recordkeeping.                    Reporting and       0577, -0584, -
                                   recordkeeping.      0586, and -0589.
Sec.   665.16 Vessel              Sec.   665.16       0648-0361, -0584,
 identification.                   Vessel              0586, and -0589.
                                   identification.
Sec.   665.17 Experimental        Sec.   665.17       0648-0214 and -
 fishing.                          Experimental        0490.
                                   fishing.
Sec.   665.19 Vessel monitoring   Sec.   665.19       0648-0441, -0519,
 system.                           Vessel monitoring   and -0584.
                                   system.
Sec.   665.21(l) Permits; Hawaii  Sec.   665.801      0648-0490.
 longline limited access permit.   Permits.
Sec.   665.21(g) Permits; squid   Sec.   665.801(g).  0648-0589.
 jig.
Sec.   665.23 Notifications.....  Sec.   665.803      0648-0214.
                                   Notifications.
Sec.   665.24 Gear                Sec.   665.804      0648-0360.
 identification.                   Gear
                                   identification.
Sec.   665.27 Exemptions for      Sec.   665.807      0648-0490.
 longline fishing prohibited       Exemptions for
 areas; procedures.                longline fishing
                                   prohibited areas;
                                   procedures.
Sec.   665.28 Conditions for at-  Sec.   665.808      0648-0214.
 sea observer coverage.            Conditions for at-
                                   sea observer
                                   coverage.
Sec.   665.35 Pelagic longline    Sec.   665.815      0648-0456.
 seabird mitigation measures.      Pelagic longline
                                   seabird
                                   mitigation
                                   measures.
Sec.   665.41 Permits...........  Sec.   665.142      0648-0490 and -
                                   Permits.            0586.
                                  Sec.   665.242
                                   Permits.
                                  Sec.   665.442
                                   Permits.
                                  Sec.   665.642
                                   Permits.
Sec.   665.43 Notifications.....  Sec.   665.144      0648-0214.
                                   Notifications.
                                  Sec.   665.244
                                   Notifications.
                                  Sec.   665.444
                                   Notifications.
                                  Sec.   665.644
                                   Notifications.
Sec.   665.47 Gear                Sec.   665.246      0648-0360.
 indentification.                  Gear
                                   indentification.
Sec.   665.49 At-sea observer     Sec.   665.145 At-  0648-0214.
 coverage.                         sea observer
                                   coverage.
                                  Sec.   665.247 At-
                                   sea observer
                                   coverage.
                                  Sec.   665.445 At-
                                   sea observer
                                   coverage.

[[Page 60055]]

 
                                  Sec.   665.645 At-
                                   sea observer
                                   coverage.
Sec.   665.61 Permits...........  Sec.   665.203      0648-0490 and -
                                   Permits.            0584.
                                  Sec.   665.404
                                   Permits.
                                  Sec.   665.603
                                   Permits.
Sec.   665.63 Notification......  Sec.   665.205      0648-0214.
                                   Notification.
Sec.   665.65 At-sea observer     Sec.   665.105 At-  0648-0214.
 coverage.                         sea observer
                                   coverage.
                                  Sec.   665.207 At-
                                   sea observer
                                   coverage.
                                  Sec.   665.407 At-
                                   sea observer
                                   coverage.
                                  Sec.   665.606 At-
                                   sea observer
                                   coverage.
Sec.   665.81 Permits...........  Sec.   665.162      0648-0490
                                   Permits.
                                  Sec.   665.262
                                   Permits.
                                  Sec.   665.462
                                   Permits.
                                  Sec.   665.662
                                   Permits.
Sec.   665.602 Permits and Fees.  Sec.   665.124      0648-0463.
                                   Permits and Fees.
                                  Sec.   665.224
                                   Permits and Fees.
                                  Sec.   665.424
                                   Permits and Fees.
                                  Sec.   665.624
                                   Permits and Fees.
Sec.   665.604 Notifications....  Sec.   665.126      0648-0462.
                                   Notifications.
                                  Sec.   665.226
                                   Notifications.
                                  Sec.   665.426
                                   Notifications.
Sec.   665.606 Gear               Sec.   665.128      0648-0360.
 identification.                   Gear
                                   identification.
                                  Sec.   665.228
                                   Gear
                                   identification.
                                  Sec.   665.428
                                   Gear
                                   identification.
                                  Sec.   665.628
                                   Gear
                                   identification.
------------------------------------------------------------------------

    To be considered, comments on this proposed rule must be received 
by NMFS by December 4, 2009, not postmarked or otherwise transmitted by 
that date. Late comments may not be considered. In addition to 
soliciting public comments on this proposed rule, NMFS is soliciting 
comments on the five new FEPs through December 1, 2009, as stated in 
the Notice of Availability published on October 2, 2009 (74 FR 50944). 
If they are received by December 1, 2009, public comments on this 
proposed rule will also be considered in the approval/disapproval 
decision for the FEPs. Comments received after that date may not be 
considered in the approval/disapproval decision for the FEPs, but will 
be considered for this proposed rule.
    Under NOAA Administrative Order 205-11, dated December 17, 1990, 
the Under Secretary for Oceans and Atmosphere has delegated authority 
to sign material for publication in the Federal Register to the 
Assistant Administrator for Fisheries, NOAA.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the new FEPs, other provisions of the Magnuson-Stevens 
Act, and other applicable law, subject to further consideration after 
public comment.
    A PEIS was prepared for the FEPs, and a Notice of Availability of 
the draft PEIS was published on April 13, 2007 (72 FR 18644). The PEIS 
discusses impacts on target and non-target fish stocks, including 
bottomfish, precious corals, coral reef ecosystem species, and 
crustaceans; Essential Fish Habitat and Habitat Areas of Particular 
Concern; protected species; fishery participants and communities; and 
administration and enforcement. All of the current fisheries in the 
Western Pacific Region that are covered by the management measures of 
the FEPs have been reviewed for compliance with applicable laws. None 
of the actions considered would result in irreversible or irretrievable 
commitments of resources and none would result in significant or 
unavoidable adverse impacts.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Council for Regulation of the Department of Commerce 
certified to the Chief Council for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The analysis follows:

    The Western Pacific Fishery Management Council prepared five 
fishery ecosystem plans (FEPs) to incorporate and reorganize 
elements of the five existing species-based fishery management 
plans. The FEPs would cover archipelagos or other broad geographic 
areas, including American Samoa, the Mariana Islands (comprising 
Guam and the Northern Mariana Islands), Hawaii, the Pacific remote 
island areas, and one FEP would manage western Pacific pelagic 
fisheries. This rule restructures codified language that would 
change the fisheries from species-based to area-based, but would not 
change the current management regimes or affect regulations that are 
presently in place. A description of the action, why it is being 
considered, and the legal basis for this action are contained in the 
preamble to this proposed rule. This rule does not duplicate, 
overlap, or conflict with other Federal rules. All fishing vessels 
having the potential to participate in western Pacific fisheries are 
considered to be small entities under the current Small Business 
Administration definition of small fish-harvesting businesses (gross 
receipts not in excess of $ 4.0 million). There are no additional 
small entities that could be affected by this rulemaking.
    This rule does not affect the profitability of fishing firms 
under Federal management. Therefore, there are no disproportionate 
economic impacts from this rule based on home port, gear type, or 
relative vessel size. For these reasons, NMFS has determined that 
this proposed rule will not have a significant impact on a 
substantial number of small entities.
    Any forthcoming additions or alterations to the reorganized 
regulations after the implementation of this rule would require a 
complete regulatory flexibility act analysis and analysis of 
significance under E.O. 12866.

    As a result, an initial regulatory flexibility analysis is not 
required and none has been prepared.
    This proposed rule contains collection-of-information requirements 
subject to the PRA that have been approved by OMB, as follows:
    1. Approved under 0648-0214, 0648-0577, 0648-0584, 0648-0586, and 
0649-0589. (a) Pacific Islands Region (PIR) logbook family of forms 
estimated at 5 minutes (min) per reporting action; (b) pre-trip and 
post-landing notifications estimated at 5 min per reporting action; (c) 
experimental fishing reports estimated at 4 hours (hr) per reporting 
action; (d) sales and transshipment reports estimated at 5 min per 
reporting

[[Page 60056]]

action; (e) report on gear left at sea estimated at 5 min per reporting 
action; (f) claims for reimbursement for lost fishing time estimated at 
4 hr per claim; (g) request for pelagics area closure exemption 
estimated at 1 hr per request; and (h) observer placement meetings 
estimated at 1 hr per reporting action. (Sec. Sec.  665.14, 665.17, 
665.105, 665.144, 665.145, 665.205, 665.207, 665.244, 665.247, 665.407, 
665.444, 665.445, 665.606, 665.644, 665.645, 665.803, and 665.808.)
    2. Approved under 0648-0360, 0648-0361, 0648-0584, 0648-0586 and 
0648-0589. PIR gear and vessel and identification estimated at 45 min 
to 1 hr 15 min per vessel for vessel identification and 2 min for each 
gear marking. (Sec. Sec.  665.16, 665.128, 665.228, 665.246, 665.428, 
665.628, and 665.804.)
    3. Approved under 0648-0441, 0648-0519, and 0648-0584. PIR vessel 
monitoring system (a) installation, estimated at 4 hr per reporting 
action; (b) repair and maintenance, estimated at 2 hr per reporting 
action; and (c) hourly automated position reports, estimated at 24 sec 
per day. (Sec.  665.19.)
    4. Approved under 0648-0456. PIR seabird interaction reporting (a) 
at-sea notification, estimated at 1 hr per reporting action; (b) 
reporting on recovery data form, estimated at 1 hr per reporting 
action; and (c) specimen tagging, estimated at 0.5 hr per reporting 
action. (Sec.  665.815.)
    5. Approved under 0648-0462. PIR coral reef logbook reporting (a) 
at-sea notification, estimated at 3 min per reporting action; (b) 
logbook reporting, estimated at 0.5 hr per reporting action; and (c) 
transshipment reports, estimated at 15 min per reporting action. 
(Sec. Sec.  665.14, 665.126, 665.226, and 665.426.)
    6. Approved under 0648-0463. PIR coral reef special permit (a) 
application, estimated at 2 hr per application; and (b) special permit 
appeals, estimated at 3 hr per appeal. (Sec. Sec.  665.124, 665.224, 
665.424, and 665.624.)
    7. Approved under 0648-0490, 0648-0577, 0648-0584, 0648-0586, and 
0649-0589: (a) PIR permit family of forms estimated at 0.5 hr per 
permit action; (b) experimental fishing permits, estimated at 2 hr per 
application; and (c) appeals from permit actions estimated at 2 hr per 
permit appeal. (Sec. Sec.  665.13, 665.17, 665.142, 665.162, 665.203, 
665.242, 665.262, 665.404, 665.442, 665.462, 665.603, 665.642, 665.662, 
665.801, and 665.807.)
    Send comments regarding these burden estimates, or any other aspect 
of this data collection, including suggestions for reducing the burden, 
to William L. Robinson (see ADDRESSES), and by e-mail to [email protected], or fax to 202-395-7285.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with, a collection of information subject to the requirements 
of the PRA unless that collection displays a currently valid OMB 
control number.

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 223

    Exports, Imports, Marine mammals, Transportation.

50 CFR Part 404

    Northwestern Hawaiian Islands Marine National Monument.

50 CFR Part 665

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

    Dated: October 29, 2009.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 15 CFR chapter IX, 50 CFR 
chapter II, 50 CFR chapter IV, and 50 CFR chapter VI are proposed to be 
amended as follows:

15 CFR Chapter IX

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

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

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

    2. Amend the table in Sec.  902.1(b) by:
    a. Removing the entries and corresponding OMB numbers under 50 CFR 
for Sec. Sec.  665.21(k), 665.23, 665.24, 665.27, 665.28, 665.35, 
665.41, 665.43, and 665.48, 665.61, 665.63, 665.65, 665.81, 665.602, 
665.604, and 665.606.
    b. Amending the table in Sec.  902.1(b) by revising the entries for 
Sec. Sec.  665.13, 665.14, 665.16, 665.17, and 665.19, and
    c. Adding new entries and corresponding OMB numbers under 50 CFR 
for Sec. Sec.  665.105 through 665.815.
    The revisions and additions read as follows:


Sec.  902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) Display.

------------------------------------------------------------------------
     CFR part or section where the
 information collection requirement is     Current OMB control  number
                located                  (all numbers begin with 0648-)
------------------------------------------------------------------------
 
                                * * * * *
50 CFR
 
                                * * * * *
665.13................................  0463, 0490, 0577, 0584, 0586,
                                         and 0589.
665.14................................  0214, 0462, 0577, 0584, 0586,
                                         and 0589.
665.16................................  0361, 0584, 0586, and 0589.
665.17................................  0214 and 0490.
665.19................................  0441, 0519, and 0584.
665.105...............................  0214.
665.124...............................  0463.
665.126...............................  0462.
665.128...............................  0360.
665.142...............................  0490 and 0586.
665.144...............................  0214.
665.145...............................  0214.
665.162...............................  0490.
665.203...............................  0490 and 0577.
665.205...............................  0214.
665.207...............................  0214.
665.224...............................  0463.
665.226...............................  0462.
665.228...............................  0360.
665.242...............................  0490 and 0586.
665.244...............................  0214.
665.246...............................  0360.
665.247...............................  0214.
665.262...............................  0490.
665.404...............................  0490 and 0584.
665.407...............................  0214.
665.424...............................  0463.
665.426...............................  0462.
665.428...............................  0360.
665.442...............................  0490 and 0586.
665.444...............................  0214.
665.445...............................  0214.
665.462...............................  0490.
665.603...............................  0490.
665.606...............................  0214.
665.624...............................  0463.
665.628...............................  0360.
665.642...............................  0490 and 0586.
665.644...............................  0214.
665.445...............................  0214.
665.662...............................  0490.
665.801...............................  0490 and 0589.
665.803...............................  0214.
665.804...............................  0360.
665.807...............................  0490.
665.808...............................  0214.
665.815...............................  0456.
 
                                * * * * *
------------------------------------------------------------------------

50 CFR Chapter II

PART 223--THREATENED MARINE AND ANADROMOUS SPECIES

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


[[Page 60057]]


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

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


Sec.  223.206  Exceptions to prohibitions relating to sea turtles.

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

50 CFR Chapter IV

PART 404--NORTHWESTERN HAWAIIAN ISLANDS MARINE NATIONAL MONUMENT

    6. The authority citation for 50 CFR Part 404 continues to read as 
follows:

    Authority: 16 U.S.C. 431 et seq.; 16 U.S.C. 460k-3; 16 U.S.C. 
1801 et seq.; 16 U.S.C. 742f; 16 U.S.C. 742l; 16 U.S.C. 668 dd-ee; 
16 U.S.C. 1361 et seq.; 16 U.S.C. 1531 et seq.; Pub. L. 106-513, 
Sec.  6(g) (2000).

    7. In Sec.  404.3, revise the definitions of ``Bottomfish species'' 
and ``Pelagic species'' to read as follows:


Sec.  404.3  Definitions.

* * * * *
    Bottomfish species means Hawaii bottomfish management unit species 
as defined at 50 CFR 665.201.
* * * * *
    Pelagic species means western Pacific pelagic management unit 
species as defined at 50 CFR 665.800.
* * * * *
    8. In Sec.  404.10, revise paragraph (b)(1)(ii) to read as follows:


Sec.  404.10  Commercial fishing.

* * * * *
    (b) * * *
    (1) * * *
    (ii) Such permit was in effect on June 15, 2006, and is 
subsequently renewed pursuant to NOAA regulations at 50 CFR part 665, 
as necessary.
* * * * *

50 CFR Chapter VI

PART 665--FISHERIES IN THE WESTERN PACIFIC

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

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

    10. Revise part 665 to read as follows:

PART 665--FISHERIES IN THE WESTERN PACIFIC

Subpart A--General
Sec.
665.1 Purpose and scope.
665.2 Relation to other laws.
665.3 Licensing and registration.
665.4-665.11 [Reserved]
665.12 Definitions.
665.13 Permits and fees.
665.14 Reporting and recordkeeping.
665.15 Prohibitions.
665.16 Vessel identification.
665.17 Experimental fishing.
665.18 Framework adjustments to management measures.
665.19 Vessel monitoring system.

Subpart B--American Samoa Fisheries

665.98 Management area.
665.99 Area restrictions.
665.100 American Samoa bottomfish fisheries [Reserved].
665.101 Definitions.
665.102 [Reserved]
665.103 Prohibitions.
665.104 Gear restrictions.
665.105 At-sea observer coverage.
665.106-665.119 [Reserved]
665.120 American Samoa coral reef ecosystem fisheries [Reserved].
665.121 Definitions.
665.122 [Reserved]
665.123 Relation to other laws.
665.124 Permits and fees.
665.125 Prohibitions.
665.126 Notifications.
665.127 Allowable gear and gear restrictions.
665.128 Gear identification.
665.129-665.139 [Reserved]
665.140 American Samoa crustacean fisheries [Reserved].
665.141 Definitions.
665.142 Permits.
665.143 Prohibitions.
665.144 Notifications.
665.145 At-sea observer coverage.
665.146-665.159 [Reserved]
665.160 American Samoa precious coral fisheries [Reserved].
665.161 Definitions.
665.162 Permits.
665.163 Prohibitions.
665.164 Gear restrictions.
665.165 Size restrictions.
665.166 Closures.
665.167 Quotas.
665.168 Seasons.
665.169 Gold coral harvest moratorium.
Subpart C--Hawaii Fisheries
665.198 Management areas.
665.199 Area restrictions [Reserved].
665.200 Hawaii bottomfish and seamount groundfish fisheries 
[Reserved].
665.201 Definitions.
665.202 Management subareas.
665.203 Permits.
665.204 Prohibitions.
665.205 Notification.
665.206 Gear restrictions.
665.207 At-sea observer coverage.
665.208 Protected species conservation.
665.209 Fishing moratorium on Hancock Seamount.
665.210 Hawaii restricted bottomfish species.
665.211 Total Allowable Catch (TAC) limit.
665.212 Non-commercial bag limits.
665.213-665.219 [Reserved]
665.220 Hawaii coral reef ecosystem fisheries [Reserved].
665.221 Definitions.
665.222 Management area.
665.223 Relation to other laws.
665.224 Permits and fees.
665.225 Prohibitions.
665.226 Notifications.
665.227 Allowable gear and gear restrictions.
665.228 Gear identification.
665.229-665.239 [Reserved]
665.240 Hawaii crustacean fisheries [Reserved].
665.241 Definitions.
665.242 Permits.
665.243 Prohibitions.
665.244 Notifications.
665.245 Gear restrictions.
665.246 Gear identification.
665.247 At-sea observer coverage.
665.248 Monk seal protective measures.
665.249 Lobster size and condition restrictions in Permit Area 2.
665.250 Closed seasons.
665.251 Closed areas.
665.252 Harvest limitation program.
665.253-665.259 [Reserved]
665.260 Hawaii precious coral fisheries [Reserved].
665.261 Definitions.
665.262 Permits.
665.263 Prohibitions.
665.264 Gear restrictions.
665.265 Size restrictions.
665.266 Area restrictions.
665.267 Seasons.
665.268 Closures.
665.269 Quotas.
665.270 Gold coral harvest moratorium.
Subpart D--Mariana Archipelago Fisheries
665.398 Management areas.
665.399 Area restrictions.
665.400 Mariana bottomfish fisheries [Reserved].
665.401 Definitions.
665.402 Management subareas.
665.403 Bottomfish fishery area management.
665.404 Permits.
665.405 Prohibitions.
665.406 Gear restrictions.
665.407 At-sea observer coverage.
665.418-665.419 [Reserved]
665.420 Mariana coral reef ecosystem fisheries [Reserved].
665.421 Definitions.
665.422 Management area.
665.423 Relation to other laws.
665.424 Permits and fees.
665.425 Prohibitions.
665.426 Notifications.
665.427 Allowable gear and gear restrictions.
665.428 Gear identification.
665.429-665.439 [Reserved]
665.440 Mariana crustacean fisheries [Reserved].
665.441 Definitions.
665.442 Permits.

[[Page 60058]]

665.443 Prohibitions.
665.444 Notifications.
665.445 At-sea observer coverage.
665.446-665.459 [Reserved]
665.460 Mariana precious coral fisheries [Reserved].
665.461 Definitions.
665.462 Permits.
665.463 Prohibitions.
665.464 Gear restrictions.
665.465 Size restrictions.
665.466 Closures.
665.467 Quotas.
665.468 Seasons.
665.469 Gold coral harvest moratorium.
Subpart E--Pacific Remote Island Area Fisheries
665.598 Management area.
665.599 Area Restrictions.
665.600 PRIA bottomfish fisheries [Reserved].
665.601 Definitions.
665.602 [Reserved]
665.603 Permits.
665.604 Prohibitions.
665.605 Gear restrictions.
665.606 At-sea observer coverage.
665.607-665.619 [Reserved]
665.620 PRIA coral reef ecosystem fisheries [Reserved].
665.621 Definitions.
665.622 [Reserved]
665.623 Relation to other laws.
665.624 Permits and fees.
665.625 Prohibitions.
665.626 Notifications.
665.627 Allowable gear and gear restrictions.
665.628 Gear identification.
665.629-665.639 [Reserved]
665.640 PRIA crustacean fisheries.
665.641 Definitions.
665.642 Permits.
665.643 Prohibitions.
665.644 Notifications.
665.645 At-sea observer coverage.
665.646-665.659 [Reserved]
665.660 PRIA precious coral fisheries [Reserved].
665.661 Definitions.
665.662 Permits.
665.663 Prohibitions.
665.664 Gear restrictions.
665.665 Size restrictions.
665.666 Closures.
665.667 Quotas.
665.668 Seasons.
665.669 Gold coral harvest moratorium.
Subpart F--Western Pacific Pelagic Fisheries
665.798 Management area.
665.799 Area restrictions.
665.800 Definitions.
665.801 Permits.
665.802 Prohibitions.
665.803 Notifications.
665.804 Gear identification.
665.805 [Reserved]
665.806 Longline fishing prohibited area management.
665.807 Exemptions for longline fishing prohibited areas; 
procedures.
665.808 Conditions for at-sea observer coverage.
665.809 Port privileges and transiting for unpermitted U.S. longline 
vessels.
665.810 Prohibition of drift gillnetting.
665.811 [Reserved]
665.812 Sea turtle take mitigation measures.
665.813 Western Pacific longline fishing restrictions.
665.814 Protected species workshop.
665.815 Pelagic longline seabird mitigation measures.
665.816 American Samoa longline limited entry program.
665.817 American Samoa pelagic fishery area management.
665.818 Exemptions for American Samoa large vessel prohibited areas.
FIGURE 1 TO PART 665. CARAPACE LENGTH OF LOBSTERS
FIGURE 2 TO PART 665. LENGTH OF FISHING VESSELS
FIGURE 3 TO PART 665. SAMPLE FABRICATED ARCENEAUX LINE CLIPPER

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

Subpart A--General


Sec.  665.1  Purpose and scope.

    (a) The regulations in this part govern fishing for western Pacific 
fishery ecosystem management unit species by vessels of the United 
States that operate or are based inside the outer boundary of the U.S. 
EEZ around American Samoa, Hawaii, Guam, the Northern Mariana Islands, 
Palmyra Atoll, Kingman Reef, Jarvis Island, Baker Island, Howland 
Island, Johnston Atoll, and Wake Island.
    (b) General regulations governing fishing by all vessels of the 
United States and by fishing vessels other than vessels of the United 
States are contained in 50 CFR part 600.
    (c) Regulations governing the harvest, possession, landing, 
purchase, and sale of shark fins are found in 50 CFR part 600, subpart 
N.
    (d) This subpart contains regulations that are common to all 
western Pacific fisheries managed under Fishery Ecosystem Plans (FEPs) 
prepared by the Western Pacific Fishery Management Council under the 
Magnuson-Stevens Act.
    (e) Regulations specific to individual areas and fisheries are 
included in subparts B through F of this part.
    (f) Nothing in subparts B through F of this part is intended to 
supersede any valid State or Federal regulations that are more 
restrictive than those published here.


Sec.  665.2  Relation to other laws.

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


Sec.  665.3  Licensing and registration.

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


Sec. Sec.  665.4--665.11  [Reserved]


Sec.  665.12  Definitions.

    In addition to the definitions in the Magnuson-Stevens Act, Sec.  
600.10 of this chapter, and subparts B through F of this part, general 
definitions for western Pacific fisheries have the following meanings:
    American Samoa FEP means the Fishery Ecosystem Plan for American 
Samoa.
    Bottomfish FMP means the Fishery Management Plan for Bottomfish and 
Seamount Groundfish of the Western Pacific Region established in 1986 
and replaced by FEPs.
    Carapace length means a measurement in a straight line from the 
ridge between the two largest spines above the eyes, back to the rear 
edge of the carapace of a spiny lobster (see Figure 1 to this part).
    Circle hook means a fishing hook with the point turned 
perpendicularly back towards the shank.
    Commercial fishing means fishing in which the fish harvested, 
either in whole or in part, are intended to enter commerce or enter 
commerce through sale, barter, or trade. All lobster fishing in 
Crustacean Permit Area 1 is considered commercial fishing.
    Commonwealth of the Northern Mariana Islands (CNMI) means the 
Northern Mariana Islands.
    Coral Reef Ecosystems FMP means the Fishery Management Plan for 
Coral Reef Ecosystems of the Western Pacific Region established in 2004 
and replaced by FEPs.
    Council means the Western Pacific Fishery Management Council.
    Crustacean receiving vessel means a vessel of the United States to 
which lobsters taken in a crustacean management area are transferred 
from another vessel.
    Crustaceans FMP means the Fishery Management Plan for Crustacean 
Fisheries of the Western Pacific Region established in 1982 and 
replaced by FEPs.
    Currently harvested coral reef taxa (CHCRT) means coral reef 
associated species, families, or subfamilies, as defined in Sec. Sec.  
665.121, 665.221, 665.421, and 665.621, that have annual landings

[[Page 60059]]

greater than 454.54 kg (1,000 lb) as reported on individual State, 
commonwealth, or territory catch reports or through creel surveys. 
Fisheries and research data from many of these species have been 
analyzed by regional management agencies.
    Dead coral means any precious coral that no longer has any live 
coral polyps or tissue.
    EFP means an experimental fishing permit.
    First level buyer means:
    (1) The first person who purchases, with the intention to resell, 
management unit species, or portions thereof, that were harvested by a 
vessel that holds a permit or is otherwise regulated under crustacean 
fisheries in subparts B through E of this part; or
    (2) A person who provides recordkeeping, purchase, or sales 
assistance in the first transaction involving management unit species 
(such as the services provided by a wholesale auction facility).
    Fishing gear, as used in regulations for the American Samoa, CNMI, 
Hawaii, and PRIA bottomfish fisheries in subparts B through E of this 
part, includes:
    (1) Bottom trawl, which means a trawl in which the otter boards or 
the footrope of the net are in contact with the sea bed;
    (2) Gillnet, (see Sec.  600.10);
    (3) Hook-and-line, which means one or more hooks attached to one or 
more lines;
    (4) Set net, which means a stationary, buoyed, and anchored gill 
net; and
    (5) Trawl, (see Sec.  600.10).
    Fishing trip means a period of time during which fishing is 
conducted, beginning when the vessel leaves port and ending when the 
vessel lands fish.
    Fishing year means the year beginning at 0001 local time on January 
1 and ending at 2400 local time on December 31, with the exception of 
fishing for Hawaii Restricted Bottomfish Species and any precious coral 
management unit species.
    Freeboard means the straight line vertical distance between a 
vessel's working deck and the sea surface. If the vessel does not have 
gunwale door or stern door that exposes the working deck, freeboard 
means the straight line vertical distance between the top of a vessel's 
railing and the sea surface.
    Harvest guideline means a specified numerical harvest objective.
    Hawaiian Archipelago means the Main and Northwestern Hawaiian 
Islands, including Midway Atoll.
    Hawaii FEP means the Fishery Ecosystem Plan for the Hawaiian 
Archipelago.
    Hookah breather means a tethered underwater breathing device that 
pumps air from the surface through one or more hoses to divers at 
depth.
    Incidental catch or incidental species means species caught while 
fishing for the primary purpose of catching a different species.
    Land or landing means offloading fish from a fishing vessel, 
arriving in port to begin offloading fish, or causing fish to be 
offloaded from a fishing vessel.
    Large vessel means, as used in this part, any vessel equal to or 
greater than 50 ft (15.2 m) in length overall.
    Length overall (LOA) or length of a vessel as used in this part, 
means the horizontal distance, rounded to the nearest foot (with any 
0.5 foot or 0.15 meter fraction rounded upward), between the foremost 
part of the stem and the aftermost part of the stern, excluding 
bowsprits, rudders, outboard motor brackets, and similar fittings or 
attachments (see Figure 2 to this part). ``Stem'' is the foremost part 
of the vessel, consisting of a section of timber or fiberglass, or cast 
forged or rolled metal, to which the sides of the vessel are united at 
the fore end, with the lower end united to the keel, and with the 
bowsprit, if one is present, resting on the upper end. ``Stern'' is the 
aftermost part of the vessel.
    Live coral means any precious coral that has live coral polyps or 
tissue.
    Live rock means any natural, hard substrate, including dead coral 
or rock, to which is attached, or which supports, any living marine 
life form associated with coral reefs.
    Low-use marine protected area (MPA) means an area of the U.S. EEZ 
where fishing operations have specific restrictions in order to protect 
the coral reef ecosystem, as specified under area restrictions in 
subparts B through F of this part.
    Main Hawaiian Islands (MHI) means the islands of the Hawaii 
Archipelago lying to the east of 161[deg] W. long.
    Mariana Archipelago means Guam and the Northern Mariana Islands.
    Mariana FEP means the Fishery Ecosystem Plan for the Mariana 
Archipelago.
    Medium vessel, as used in this part, means any vessel equal to or 
more than 40 ft (12.2 m) and less than 50 ft (15.2 m) LOA.
    Non-commercial fishing means fishing that does not meet the 
definition of commercial fishing.
    Non-precious coral means any species of coral other than those 
listed under the definitions for precious coral in Sec. Sec.  665.161, 
665.261, 665.461, and 665.661.
    Non-selective gear means any gear used for harvesting coral that 
cannot discriminate or differentiate between types, size, quality, or 
characteristics of living or dead coral.
    Northwestern Hawaiian Islands (NWHI) means the islands of the 
Hawaiian Archipelago lying to the west of 161[deg] W. long.
    No-take MPA means an area of the U.S. EEZ that is closed to fishing 
for or harvesting of any management unit species, as defined in 
subparts B through F of this part.
    Offload means to remove management unit species from a vessel.
    Offset circle hook means a circle hook in which the barbed end of 
the hook is displaced relative to the parallel plane of the eyed end, 
or shank, of the hook when laid on its side.
    Owner, as used in the regulations for the crustacean fisheries in 
subparts B through E of this part and Sec.  665.203(i) and (j), means a 
person who is identified as the current owner of the vessel as 
described in the Certificate of Documentation (Form CG-1270) issued by 
the United States Coast Guard (USCG) for a documented vessel, or in a 
registration certificate issued by a State, a territory, or the USCG 
for an undocumented vessel. As used in the regulations for the precious 
coral fisheries in subparts B through E of this part and Sec.  
665.203(c) through (h), the definition of ``owner'' in Sec.  600.10 of 
this chapter continues to apply.
    Pacific Islands Regional Office (PIRO) means the headquarters of 
the Pacific Islands Region, NMFS, located at 1601 Kapiolani Blvd., 
Suite 1110, Honolulu, Hawaii 96814; telephone number 808-944-2200.
    Pacific remote island areas (PRIA, or U.S. island possessions in 
the Pacific Ocean) means Palmyra Atoll, Kingman Reef, Jarvis Island, 
Baker Island, Howland Island, Johnston Atoll, Wake Island, and Midway 
Atoll.
    Pelagics FEP means the Fishery Ecosystem Plan for Pacific Pelagic 
Fisheries of the Western Pacific Region.
    Pelagics FMP means the Fishery Management Plan for Pelagic 
Fisheries of the Western Pacific Region that was established in 1987 
and replaced by the western Pacific pelagic FEP.
    Potentially harvested coral reef taxa (PHCRT) means coral reef 
associated species, families, or subfamilies, as defined in Sec. Sec.  
665.121, 665.221, 665.421, and 665.621, for which little or no 
information is available beyond general taxonomic and distribution 
descriptions. These species have either not been caught in the past or 
have been harvested annually in amounts less than 454.54 kg (1,000 lb).

[[Page 60060]]

    Precious Corals FMP means the Fishery Management Plan for Precious 
Corals of the Western Pacific Region established in 1983 and replaced 
by fishery ecosystem plans (FEPs).
    PRIA FEP means the Fishery Ecosystem Plan for the Pacific Remote 
Island Areas of Palmyra Atoll, Kingman Reef, Jarvis Island, Baker 
Island, Howland Island, Johnston Atoll, and Wake Island.
    Protected species means an animal protected under the MMPA, as 
amended, listed under the ESA, as amended, or subject to the Migratory 
Bird Treaty Act, as amended.
    Receiving vessel means a vessel that receives fish or fish products 
from a fishing vessel, and with regard to a vessel holding a permit 
under Sec.  665.801(e) that also lands western Pacific pelagic 
management unit species taken by other vessels using longline gear.
    Regional Administrator means Regional Administrator, Pacific 
Islands Region, NMFS (see Table 1 of Sec.  600.502 of this chapter for 
address).
    Selective gear means any gear used for harvesting coral that can 
discriminate or differentiate between type, size, quality, or 
characteristics of living or dead coral.
    Special Agent-In-Charge (SAC) means the Special-Agent-In-Charge, 
NMFS, Pacific Islands Enforcement Division, or a designee of the SAC, 
located at 1601 Kapiolani Blvd., Suite 950, Honolulu, HI 96814, 
telephone number 808-203-2500.
    Special permit means a permit issued to allow fishing for coral 
reef ecosystem management unit species in low-use MPAs or to fish for 
any PHCRT.
    State of Hawaii commercial marine license means the license 
required by the State of Hawaii for anyone to take marine life for 
commercial purposes (also known as the commercial fishing license).
    Transship means to offload or otherwise transfer management unit 
species or products thereof to a receiving vessel.
    Trap means a box-like device used for catching and holding lobsters 
or fish.
    U.S. harvested coral means coral caught, taken, or harvested by 
vessels of the United States within any fishery for which an FMP or FEP 
has been implemented under the Magnuson-Stevens Act.
    Vessel monitoring system unit (VMS unit) means the hardware and 
software owned by NMFS, installed on vessels by NMFS, and required to 
track and transmit the positions of certain vessels.
    Western Pacific fishery management area means those waters 
shoreward of the outer boundary of the EEZ around American Samoa, Guam, 
Hawaii, CNMI, Midway, Johnston and Palmyra Atolls, Kingman Reef, and 
Wake, Jarvis, Baker, and Howland Islands.


Sec.  665.13  Permits and fees.

    (a) Applicability. The requirements for permits for specific 
western Pacific fisheries are set forth in subparts B through F of this 
part.
    (b) Validity. Each permit is valid for fishing only in the specific 
fishery management areas identified on the permit.
    (c) Application.
    (1) A western Pacific Federal fisheries permit application may be 
obtained from NMFS PIRO to apply for a permit or permits to operate in 
any of the fisheries regulated under subparts B through F of this part. 
The completed application must be submitted to PIRO. In no case shall 
PIRO accept an application that is not on the western Pacific Federal 
fisheries permit application form.
    (2) A minimum of 15 days after the day PIRO receives a complete 
application should be allowed for processing a permit application for 
fisheries under subparts B through F of this part. If an incomplete or 
improperly completed application is filed, the applicant will be sent a 
letter of notice of deficiency. If the applicant fails to correct the 
deficiency within 30 days following the date of the letter of 
notification of deficiency, the application will be considered 
abandoned.
    (d) Change in application information. Any change in the permit 
application information or vessel documentation, submitted under 
paragraph (c) of this section, must be reported to PIRO in writing 
within 15 days of the change to avoid a delay in processing the permit 
application. A minimum of 10 days from the day the information is 
received by PIRO should be given for PIRO to record any change in 
information from the permit application submitted under paragraph (c) 
of this section. Failure to report such changes may result in a delay 
in processing an application, permit holders failing to receive 
important notifications, or sanctions pursuant to the Magnuson-Stevens 
Act at 16 U.S.C. 1858(g) or 15 CFR part 904, subpart D.
    (e) Issuance. After receiving a complete application submitted 
under paragraph (c) of this section, the Regional Administrator will 
issue a permit to an applicant who is eligible under this part, as 
appropriate.
    (f) Fees.
    (1) PIRO will not charge a fee for a permit issued under Sec. Sec.  
665.142, 665.162, 665.242, 665.262, 665.442, 665.462, 665.642, or 
665.662 of this part, for a Ho'omalu limited access permit issued under 
Sec.  665.203, or for a Guam bottomfish permit issued under Sec.  
665.404.
    (2) PIRO will charge a non-refundable processing fee for each 
application (including transfers and renewals) for the permits listed 
in paragraphs (f)(2)(i) through (viii) of this section. The amount of 
the fee is calculated in accordance with the procedures of the NOAA 
Finance Handbook, for determining the administrative costs of each 
special product or service incurred in processing the permit. The fee 
may not exceed such costs and is specified with each application form. 
The appropriate fee must accompany each application. Failure to pay the 
fee will preclude the issuance, transfer or renewal of any of these 
permits:
    (i) Hawaii longline limited access permit.
    (ii) Mau Zone limited access permit.
    (iii) Coral reef ecosystem special permit.
    (iv) American Samoa longline limited access permit.
    (v) MHI non-commercial bottomfish permit.
    (vi) Western Pacific squid jig permit.
    (vii) Crustacean permit.
    (viii) CNMI commercial bottomfish permit.
    (g) Expiration. Permits issued under subparts B through F of this 
part are valid for the period specified on the permit unless revoked, 
suspended, transferred, or modified under 15 CFR part 904.
    (h) Replacement. Replacement permits may be issued, without charge, 
to replace lost or mutilated permits. An application for a replacement 
permit is not considered a new application.
    (i) Transfer. An application for a permit transfer under Sec. Sec.  
665.203(d), 665.242(e), or 665.801(k), or for registration of a permit 
for use with a replacement vessel under Sec.  665.203(i), must be 
submitted to PIRO as described in paragraph (c) of this section.
    (j) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (k) Display. Any permit issued under this subpart, or a facsimile 
of such permit, must be on board the vessel at all times while the 
vessel is fishing for, taking, retaining, possessing, or landing 
management unit species shoreward of the outer boundary of the fishery 
management area. Any permit issued under this section must be displayed 
for inspection upon request of an authorized officer.

[[Page 60061]]

    (l) Sanctions. Procedures governing sanctions and denials are found 
at subpart D of 15 CFR part 904.
    (m) Permit appeals. Procedures for appeals of permitting and 
administrative actions are specified in the relevant subparts of this 
part.


Sec.  665.14  Reporting and recordkeeping.

    (a) Except for precious coral and crustacean fisheries, any person 
who is required to do so by applicable State law or regulation must 
make and/or file all reports of management unit species landings 
containing all data and in the exact manner required by applicable 
State law or regulation.
    (b) Fishing record forms.
    (1) Applicability.
    (i) The operator of any fishing vessel subject to the requirements 
of Sec. Sec.  665.124, 665.142, 665.162, 665.203(a)(2), 665.224, 
665.242, 665.262, 665.404, 665.424, 665.442, 665.462, 665.603, 665.624, 
665.642, 665.662, or 665.801 must maintain on board the vessel an 
accurate and complete record of catch, effort, and other data on paper 
report forms provided by the Regional Administrator, or electronically 
as specified and approved by the Regional Administrator, except as 
allowed in paragraph (b)(1)(iii) of this section.
    (ii) All information specified by the Regional Administrator must 
be recorded on paper or electronically within 24 hours after the 
completion of each fishing day. The logbook information, reported on 
paper or electronically, for each day of the fishing trip must be 
signed and dated or otherwise authenticated by the vessel operator in 
the manner determined by the Regional Administrator, and be submitted 
or transmitted via an approved method as specified by the Regional 
Administrator, and as required by this paragraph (b).
    (iii) In lieu of the requirements in paragraph (a)(1)(i) of this 
section, the operator of a fishing vessel registered for use under a 
Western Pacific squid jig permit pursuant to the requirements of Sec.  
665.801(g) may participate in a State reporting system. If 
participating in a State reporting system, all required information 
must be recorded and submitted in the exact manner required by 
applicable State law or regulation.
    (2) Timeliness of submission.
    (i) If fishing was authorized under a permit pursuant to Sec. Sec.  
665.142, 665.242, 665.442, 665.404, 665.162, 665.262, 665.462, 665.662, 
or 665.801, the vessel operator must submit the original logbook 
information for each day of the fishing trip to the Regional 
Administrator within 72 hours of the end of each fishing trip, except 
as allowed in paragraph (iii) of this section.
    (ii) If fishing was authorized under a permit pursuant to Sec.  
665.203(a)(2), the vessel operator or vessel owner must submit the 
original logbook form for each day of the fishing trip to the Regional 
Administrator within 72 hours of the end of each fishing trip.
    (iii) If fishing was authorized under a PRIA bottomfish permit 
pursuant to Sec.  665.603(a), PRIA pelagic troll and handline permit 
pursuant to Sec.  665.801(f), crustacean fishing permit for the PRIA 
(Permit Area 4) pursuant to Sec.  665.642(a), or a precious coral 
fishing permit for Permit Area X-P-PI pursuant to Sec.  665.662, the 
original logbook form for each day of fishing within EEZ waters around 
the PRIA must be submitted to the Regional Administrator within 30 days 
of the end of each fishing trip.
    (iv) If fishing was authorized under a permit pursuant to 
Sec. Sec.  665.124, 665.224, 665.424, or 665.624, the original logbook 
information for each day of fishing must be submitted to the Regional 
Administrator within 30 days of the end of each fishing trip.
    (c) Transshipment logbooks. Any person subject to the requirements 
of Sec. Sec.  665.124(a)(2), 665.224(a)(2), 665.424(a)(2), 
665.624(a)(2), or 665.801(e) must maintain on board the vessel an 
accurate and complete NMFS transshipment logbook containing report 
forms provided by the Regional Administrator. All information specified 
on the forms must be recorded on the forms within 24 hours after the 
day of transshipment. Each form must be signed and dated by the 
receiving vessel operator. The original logbook for each day of 
transshipment activity must be submitted to the Regional Administrator 
within 72 hours of each landing of western Pacific pelagic 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 management unit species.
    (d) Sales report. The operator of any fishing vessel subject to the 
requirements of Sec. Sec.  665.142, 665.242, 665.442, or 665.642, or 
the owner of a medium or large fishing vessel subject to the 
requirements of Sec.  665.404(a)(2) must submit to the Regional 
Administrator, within 72 hours of offloading of crustacean management 
unit species, an accurate and complete sales report on a form provided 
by the Regional Administrator. The form must be signed and dated by the 
fishing vessel operator.
    (e) Packing or weigh-out slips. The operator of any fishing vessel 
subject to the requirements of Sec. Sec.  665.142, 665.242, 665.442, or 
665.642 must attach packing or weighout slips provided to the operator 
by the first-level buyer(s), unless the packing or weighout slips have 
not been provided in time by the buyer(s).
    (f) Modification of reporting and recordkeeping requirements. The 
Regional Administrator may, after consultation with the Council, 
initiate rulemaking to modify the information to be provided on the 
fishing record forms, transshipment logbook, and sales report forms and 
timeliness by which the information is to be provided, including the 
submission of packing or weighout slips.
    (g) Availability of records for inspection.
    (1) Western Pacific pelagic management unit species. Upon request, 
any fish dealer must immediately provide an authorized officer access 
to inspect and copy all records of purchases, sales, or other 
transactions involving western Pacific pelagic management unit species 
taken or handled by longline vessels that have permits issued under 
this subpart or that are otherwise subject to subpart F of this part, 
including, but not limited to, information concerning:
    (i) The name of the vessel involved in each transaction and the 
owner and operator of the vessel.
    (ii) The weight, number, and size of each species of fish involved 
in each transaction.
    (iii) Prices paid by the buyer and proceeds to the seller in each 
transaction.
    (2) Crustacean management unit species. Upon request, any first-
level buyer must immediately allow an authorized officer and any 
employee of NMFS designated by the Regional Administrator, to access, 
inspect, and copy all records relating to the harvest, sale, or 
transfer of crustacean management unit species taken by vessels that 
have permits issued under this subpart or Sec. Sec.  665.140 through 
665.145, 665.240 through 665.252, 665.440 through 665.445, or 665.640 
through 665.645 of this part. This requirement may be met by furnishing 
the information on a worksheet provided by the Regional Administrator. 
The information must include, but is not limited to:
    (i) The name of the vessel involved in each transaction and the 
owner or operator of the vessel.
    (ii) The amount, number, and size of each management unit species 
involved in each transaction.

[[Page 60062]]

    (iii) Prices paid by the buyer and proceeds to the seller in each 
transaction.
    (3) Bottomfish and seamount groundfish management unit species. Any 
person who is required by State laws and regulations to maintain 
records of landings and sales for vessels regulated by this subpart and 
by Sec. Sec.  665.100 through 665.105, 665.200 through 665.212, 665.400 
through 665.407, and 665.600 through 665.606 of this part must make 
those records immediately available for Federal inspection and copying 
upon request by an authorized officer.
    (4) Coral reef ecosystem MUS. Any person who has a special permit 
and who is required by State laws and regulations to maintain and 
submit records of catch and effort, landings and sales for coral reef 
ecosystem MUS by this subpart and Sec. Sec.  665.120 through 665.128, 
665.220 through 665.228, 665.420 through 665.428, or 665.620 through 
665.628 of this part must make those records immediately available for 
Federal inspection and copying upon request by an authorized officer as 
defined in Sec.  600.10 of this chapter.
    (h) State reporting. Any person who has a permit under Sec. Sec.  
665.124, 665.203, 665.224, 665.404, 665.424, 665.603, or 665.624 and 
who is regulated by State laws and regulations to maintain and submit 
records of catch and effort, landings and sales for vessels regulated 
by subparts B through F of this part must maintain and submit those 
records in the exact manner required by State laws and regulations.


Sec.  665.15  Prohibitions.

    In addition to the prohibitions in Sec.  600.725 of this chapter, 
it is unlawful for any person to:
    (a) Engage in fishing without a valid permit or facsimile of a 
valid permit on board the vessel and available for inspection by an 
authorized officer, when a permit is required under Sec.  665.13 or 
665.17, unless the vessel was at sea when the permit was issued under 
Sec.  665.13, in which case the permit must be on board the vessel 
before its next trip.
    (b) File false information on any application for a fishing permit 
under Sec.  665.13 or an EFP under Sec.  665.17.
    (c) Fail to file reports in the exact manner required by any State 
law or regulation, as required in Sec.  665.14.
    (d) Falsify or fail to make, keep, maintain, or submit any logbook 
or logbook form or other record or report required under Sec. Sec.  
665.14 and 665.17.
    (e) Refuse to make available to an authorized officer or a designee 
of the Regional Administrator for inspection or copying, any records 
that must be made available in accordance with Sec.  665.14.
    (f) Fail to affix or maintain vessel or gear markings, as required 
by Sec. Sec.  665.16, 665.128, 665.228, 665.246, 665.428, 665.628, or 
665.804.
    (g) Violate a term or condition of an EFP issued under Sec.  
665.17.
    (h) Fail to report any take of or interaction with protected 
species as required by Sec.  665.17(k).
    (i) Fish without an observer on board the vessel after the owner or 
agent of the owner has been directed by NMFS to make accommodations 
available for an observer under Sec. Sec.  665.17, 665.105, 665.145, 
665.207, 665.247, 665.407, 665.445, 665.606, 665.645, or 665.808.
    (j) Refuse to make accommodations available for an observer when so 
directed by the Regional Administrator under Sec. Sec.  665.105, 
665.145, 665.207, 665.247, 665.407, 665.445, 665.606, 665.645, or 
665.808, or under any provision in an EFP issued under Sec.  665.17.
    (k) Fail to notify officials as required in Sec. Sec.  665.126, 
665.144, 665.205, 665.226, 665.244, 665.426, 665.444, 665.626, 665.644, 
665.803, or 665.808.
    (l) Fish for, take or retain within a no-take MPA, defined in 
Sec. Sec.  665.99, 665.199, 665.399, or 665.599, any bottomfish 
management unit species, crustacean management unit species, western 
Pacific pelagic management unit species, precious coral, seamount 
groundfish or coral reef ecosystem MUS.
    (m) Fail to comply with a term or condition governing the vessel 
monitoring system in violation of Sec.  665.19.
    (n) Fish for, catch, or harvest management unit species without an 
operational VMS unit on board the vessel after installation of the VMS 
unit by NMFS, in violation of Sec.  665.19(e)(2).
    (o) Possess management unit species, that were harvested after NMFS 
has installed the VMS unit on the vessel, on board that vessel without 
an operational VMS unit, in violation of Sec.  665.19(e)(2).
    (p) Interfere with, tamper with, alter, damage, disable, or impede 
the operation of a VMS unit or attempt any of the same; or move or 
remove a VMS unit without the prior permission of the SAC in violation 
of Sec.  665.19(e)(3).
    (q) Make a false statement, oral or written, to an authorized 
officer, regarding the use, operation, or maintenance of a VMS unit, in 
violation of Sec.  665.19(e).
    (r) Interfere with, impede, delay, or prevent the installation, 
maintenance, repair, inspection, or removal of a VMS unit, in violation 
of Sec.  665.19(e).
    (s) Interfere with, impede, delay, or prevent access to a VMS unit 
by an NMFS observer, in violation of Sec.  665.808(f)(4).
    (t) Connect or leave connected additional equipment to a VMS unit 
without the prior approval of the SAC, in violation of Sec.  665.19(f).


Sec.  665.16  Vessel identification.

    (a) Each fishing vessel subject to this subpart, except those 
identified in paragraph (e) of this section, must display its official 
number on the port and starboard sides of the deckhouse or hull, and on 
an appropriate weather deck, so as to be visible from enforcement 
vessels and aircraft.
    (b) The official number must be affixed to each vessel subject to 
this part in block Arabic numerals at least 18 inches (45.7 cm) in 
height for fishing and receiving vessels of 65 ft (19.8 m) LOA or 
longer, and at least 10 inches (25.4 cm) in height for all other 
vessels, except that vessels in precious coral fisheries and 65 ft 
(19.8 m) LOA or longer must be marked in block Arabic numerals at least 
14 inches (35.6 cm) in height. Marking must be legible and of a color 
that contrasts with the background.
    (c) The vessel operator must ensure that the official number is 
clearly legible and in good repair.
    (d) The vessel operator must ensure that no part of the vessel, its 
rigging, or its fishing gear obstructs the view of the official number 
from an enforcement vessel or aircraft.
    (e) The following fishing vessels are exempt from the vessel 
identification requirements in this section:
    (1) A vessel registered for use under a MHI non-commercial 
bottomfish permit that is in compliance with State of Hawaii bottomfish 
vessel registration and marking requirements.
    (2) A vessel less than 40 ft (12.2 m) LOA registered for use under 
a CNMI commercial bottomfish permit that is in compliance with CNMI 
bottomfish vessel registration and marking requirements.


Sec.  665.17  Experimental fishing.

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

[[Page 60063]]

species may be conducted unless an NMFS observer is aboard the vessel.
    (c) Application. An applicant for an EFP must submit to the 
Regional Administrator at least 60 days before the desired date of the 
EFP a written application including, but not limited to, the following 
information:
    (1) The date of the application.
    (2) The applicant's name, mailing address, and telephone number.
    (3) A statement of the purposes and goals of the experiment for 
which an EFP is needed, including a general description of the 
arrangements for disposition of all species harvested under the EFP.
    (4) A statement of whether the proposed experimental fishing has 
broader significance than the applicant's individual goals.
    (5) For each vessel to be covered by the EFP:
    (i) Vessel name.
    (ii) Name, address, and telephone number of owner and operator.
    (iii) USCG documentation, State license, or registration number.
    (iv) Home port.
    (v) Length of vessel.
    (vi) Net tonnage.
    (vii) Gross tonnage.
    (6) A description of the species (directed and incidental) to be 
harvested under the EFP and the amount of such harvest necessary to 
conduct the experiment.
    (7) For each vessel covered by the EFP, the approximate times and 
places fishing will take place, and the type, size, and amount of gear 
to be used.
    (8) The signature of the applicant.
    (d) Incomplete applications. The Regional Administrator may request 
from an applicant additional information necessary to make the 
determinations required under this section. An applicant will be 
notified of an incomplete application within 10 working days of receipt 
of the application. An incomplete application will not be considered 
until corrected in writing.
    (e) Issuance.
    (1) If an application contains all of the required information, 
NMFS will publish a notice of receipt of the application in the Federal 
Register with a brief description of the proposal and will give 
interested persons an opportunity to comment. The Regional 
Administrator will also forward copies of the application to the 
Council, the USCG, and the fishery management agency of the affected 
State, accompanied by the following information:
    (i) The current utilization of domestic annual harvesting and 
processing capacity (including existing experimental harvesting, if 
any) of the directed and incidental species for which an EFP is being 
requested.
    (ii) A citation of the regulation or regulations that, without the 
EFP, would prohibit the proposed activity.
    (iii) Biological information relevant to the proposal.
    (2) At a Council meeting following receipt of a complete 
application, the Regional Administrator will consult with the Council 
and the Director of the affected State fishery management agency 
concerning the permit application. The applicant will be notified in 
advance of the meeting at which the application will be considered, and 
invited to appear in support of the application, if the applicant 
desires.
    (3) Within 5 working days after the consultation in paragraph 
(e)(2) of this section, or as soon as practicable thereafter, NMFS will 
notify the applicant in writing of the decision to grant or deny the 
EFP and, if denied, the reasons for the denial. Grounds for denial of 
an EFP include, but are not limited to, the following:
    (i) The applicant has failed to disclose material information 
required, or has made false statements as to any material fact, in 
connection with his or her application.
    (ii) According to the best scientific information available, the 
harvest to be conducted under the permit would detrimentally affect any 
species of fish in a significant way.
    (iii) Issuance of the EFP would inequitably allocate fishing 
privileges among domestic fishermen or would have economic allocation 
as its sole purpose.
    (iv) Activities to be conducted under the EFP would be inconsistent 
with the intent of this section or the management objectives of the 
FEP.
    (v) The applicant has failed to demonstrate a valid justification 
for the permit.
    (vi) The activity proposed under the EFP would create a significant 
enforcement problem.
    (4) The decision to grant or deny an EFP is final and unappealable. 
If the permit is granted, NMFS will publish a notice in the Federal 
Register describing the experimental fishing to be conducted under the 
EFP. The Regional Administrator may attach terms and conditions to the 
EFP consistent with the purpose of the experiment including, but not 
limited to:
    (i) The maximum amount of each species that can be harvested and 
landed during the term of the EFP, including trip limits, where 
appropriate.
    (ii) The number, sizes, names, and identification numbers of the 
vessels authorized to conduct fishing activities under the EFP.
    (iii) The times and places where experimental fishing may be 
conducted.
    (iv) The type, size, and amount of gear which may be used by each 
vessel operated under the EFP.
    (v) The condition that observers be carried aboard vessels 
operating under an EFP.
    (vi) Data reporting requirements.
    (vii) Such other conditions as may be necessary to assure 
compliance with the purposes of the EFP consistent with the objectives 
of the FEP.
    (f) Duration. Unless otherwise specified in the EFP or a 
superseding notice or regulation, an EFP is effective for no longer 
than one (1) year from the date of issuance, unless revoked, suspended, 
or modified. EFPs may be renewed following the application procedures 
in this section.
    (g) Alteration. Any EFP that has been altered, erased, or mutilated 
is invalid.
    (h) Transfer. EFPs issued under subparts B through F of this part 
are not transferable or assignable. An EFP is valid only for the 
vessel(s) for which it is issued.
    (i) Inspection. Any EFP issued under subparts B through F of this 
part must be carried aboard the vessel(s) for which it was issued. The 
EFP must be presented for inspection upon request of any authorized 
officer.
    (j) Sanctions. Failure of the holder of an EFP to comply with the 
terms and conditions of an EFP, the provisions of subparts A through F 
of this part, any other applicable provision of this part, the 
Magnuson-Stevens Act, or any other regulation promulgated thereunder, 
is grounds for revocation, suspension, or modification of the EFP with 
respect to all persons and vessels conducting activities under the EFP. 
Any action taken to revoke, suspend, or modify an EFP will be governed 
by 15 CFR part 904 subpart D. Other sanctions available under the 
statute will be applicable.
    (k) Protected species. Persons fishing under an EFP must report any 
incidental take or fisheries interaction with protected species on a 
form provided for that purpose. Reports must be submitted to the 
Regional Administrator within 3 days of arriving in port.


Sec.  665.18  Framework adjustments to management measures.

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

[[Page 60064]]

    (a) Pelagic measures.
    (1) Introduction. Adjustments in management measures may be made 
through rulemaking if new information demonstrates that there are 
biological, social, or economic concerns in the fishery. The following 
framework process authorizes the implementation of measures that may 
affect the operation of the fisheries, gear, harvest guidelines, or 
changes in catch and/or effort.
    (2) Annual report. By June 30 of each year, the Council-appointed 
pelagics monitoring team will prepare an annual report on the fisheries 
in the management area. The report shall contain, among other things, 
recommendations for Council action and an assessment of the urgency and 
effects of such action(s).
    (3) Procedure for established measures.
    (i) Established measures are regulations for which the impacts have 
been evaluated in Council or NMFS documents in the context of current 
conditions.
    (ii) The Council may recommend to the Regional Administrator that 
established measures be modified, removed, or reinstituted. Such 
recommendation shall include supporting rationale and analysis, and 
shall be made after advance public notice, public discussion, and 
consideration of public comment. NMFS may implement the Council's 
recommendation by rulemaking if approved by the Regional Administrator.
    (4) Procedure for new measures.
    (i) New measures are regulations for which the impacts have not 
been evaluated in Council or NMFS documents in the context of current 
conditions.
    (ii) The Council will publicize, including by Federal Register 
notice, and solicit public comment on, any proposed new management 
measure. After a Council meeting at which the measure is discussed, the 
Council will consider recommendations and prepare a Federal Register 
notice summarizing the Council's deliberations, rationale, and analysis 
for the preferred action, and the time and place for any subsequent 
Council meeting(s) to consider the new measure. At subsequent public 
meeting(s), the Council will consider public comments and other 
information received to make a recommendation to the Regional 
Administrator about any new measure. NMFS may implement the Council's 
recommendation by rulemaking if approved by the Regional Administrator.
    (b) Crustacean measures.
    (1) Introduction. New management measures may be added through 
rulemaking if new information demonstrates that there are biological, 
social, or economic concerns in Permit Areas 1, 2, or 3. The following 
framework process authorizes the implementation of measures that may 
affect the operation of the fisheries, gear, harvest guidelines, or 
changes in catch and/or effort.
    (2) Annual report. By June 30 of each year, the Council-appointed 
team will prepare an annual report on the fisheries in the management 
area. The report shall contain, among other things, recommendations for 
Council action and an assessment of the urgency and effects of such 
action(s).
    (3) Procedure for established measures.
    (i) Established measures are regulations for which the impacts have 
been evaluated in Council or NMFS documents in the context of current 
conditions.
    (ii) The Council may recommend to the Regional Administrator that 
established measures be modified, removed, or reinstituted. Such 
recommendation shall include supporting rationale and analysis, and 
shall be made after advance public notice, public discussion, and 
consideration of public comment. NMFS may implement the Council's 
recommendation by rulemaking if approved by the Regional Administrator.
    (4) Procedure for new measures.
    (i) New measures are regulations for which the impacts have not 
been evaluated in Council or NMFS documents in the context of current 
conditions.
    (ii) The Council will publicize, including by a Federal Register 
document, and solicit public comment on, any proposed new management 
measure. After a Council meeting at which the measure is discussed, the 
Council will consider recommendations and prepare a Federal Register 
document summarizing the Council's deliberations, rationale, and 
analysis for the preferred action, and the time and place for any 
subsequent Council meeting(s) to consider the new measure. At 
subsequent public meeting(s), the Council will consider public comments 
and other information received to make a recommendation to the Regional 
Administrator about any new measure. NMFS may implement the Council's 
recommendation by rulemaking if approved by the Regional Administrator.
    (c) Bottomfish measures.
    (1) Annual reports. By June 30 of each year, a Council-appointed 
bottomfish monitoring team will prepare an annual report on the fishery 
by area covering the following topics:
    (i) Fishery performance data.
    (ii) Summary of recent research and survey results.
    (iii) Habitat conditions and recent alterations.
    (iv) Enforcement activities and problems.
    (v) Administrative actions (e.g., data collection and reporting, 
permits).
    (vi) State and territorial management actions.
    (vii) Assessment of need for Council action (including biological, 
economic, social, enforcement, administrative, and State/Federal needs, 
problems, and trends). Indications of potential problems warranting 
further investigation may be signaled by the following indicator 
criteria:
    (A) Mean size of the catch of any species in any area is a pre-
reproductive size.
    (B) Ratio of fishing mortality to natural mortality for any 
species.
    (C) Harvest capacity of the existing fleet and/or annual landings 
exceed best estimate of MSY in any area.
    (D) Significant decline (50 percent or more) in bottomfish catch 
per unit of effort from baseline levels.
    (E) Substantial decline in ex-vessel revenue relative to baseline 
levels.
    (F) Significant shift in the relative proportions of gear in any 
one area.
    (G) Significant change in the frozen/fresh components of the 
bottomfish catch.
    (H) Entry/exit of fishermen in any area.
    (I) Per-trip costs for bottomfish fishing exceed per-trip revenues 
for a significant percentage of trips.
    (J) Significant decline or increase in total bottomfish landings in 
any area.
    (K) Change in species composition of the bottomfish catch in any 
area.
    (L) Research results.
    (M) Habitat degradation or environmental problems.
    (N) Reported interactions between bottomfish fishing operations and 
protected species in the NWHI.
    (viii) Recommendations for Council action.
    (ix) Estimated impacts of recommended action.
    (2) Recommendation of management action.
    (i) The team may present management recommendations to the Council 
at any time. Recommendations may cover actions suggested for Federal 
regulations, State/territorial action, enforcement or administrative 
elements,

[[Page 60065]]

and research and data collection. Recommendations will include an 
assessment of urgency and the effects of not taking action.
    (ii) The Council will evaluate the team's reports and 
recommendations, and the indicators of concern. The Council will assess 
the need for one or more of the following types of management action: 
catch limits, size limits, closures, effort limitations, access 
limitations, or other measures.
    (iii) The Council may recommend management action by either the 
State/territorial governments or by Federal regulation.
    (3) Federal management action.
    (i) If the Council believes that management action should be 
considered, it will make specific recommendations to the Regional 
Administrator after requesting and considering the views of its 
Scientific and Statistical Committee and Bottomfish Advisory Panel and 
obtaining public comments at a public hearing.
    (ii) The Regional Administrator will consider the Council's 
recommendation and accompanying data, and, if he or she concurs with 
the Council's recommendation, will propose regulations to carry out the 
action. If the Regional Administrator rejects the Council's proposed 
action, a written explanation for the denial will be provided to the 
Council within 2 weeks of the decision.
    (iii) The Council may appeal a denial by writing to the Assistant 
Administrator, who must respond in writing within 30 days.
    (iv) The Regional Administrator and the Assistant Administrator 
will make their decisions in accord with the Magnuson-Stevens Act, 
other applicable law, and the bottomfish measures of the FEPs.
    (v) To minimize conflicts between the Federal and State management 
systems, the Council will use the procedures in paragraph (c)(2) of 
this section to respond to State/territorial management actions. 
Council consideration of action would normally begin with a 
representative of the State or territorial government bringing a 
potential or actual management conflict or need to the Council's 
attention.
    (4) Access limitation procedures.
    (i) Access limitation may be adopted under this paragraph (c)(4) 
only for the NWHI, American Samoa, and Guam.
    (ii) If access limitation is proposed for adoption or subsequent 
modification through the process described in this paragraph (c)(4), 
the following requirements must be met:
    (A) The bottomfish monitoring team must consider and report to the 
Council on present participation in the fishery; historical fishing 
practices in, and dependence on, the fishery; economics of the fishery; 
capability of fishing vessels used in the fishery to engage in other 
fisheries; cultural and social framework relevant to the fishery; and 
any other relevant considerations.
    (B) Public hearings must be held specifically addressing the 
limited access proposals.
    (C) A specific advisory subpanel of persons experienced in the 
fishing industry will be created to advise the Council and the Regional 
Administrator on administrative decisions.
    (D) The Council's recommendation to the Regional Administrator must 
be approved by a two-thirds majority of the voting members.
    (5) Five-year review. The Council will conduct a comprehensive 
review on the effectiveness of the Mau Zone limited access program 5 
years following implementation of the program. The Council will 
consider the extent to which the FEP objectives have been met and 
verify that the target number of vessels established for the fishery is 
appropriate for current fishing activity levels, catch rates, and 
biological condition of the stocks. The Council may establish a new 
target number based on the 5-year review.
    (d) Precious coral measures.
    (1) Introduction. Established management measures may be revised 
and new management measures may be established and/or revised through 
rulemaking if new information demonstrates that there are biological, 
social, or economic concerns in a precious coral permit area. The 
following framework process authorizes the implementation of measures 
that may affect the operation of the fisheries, gear, quotas, season, 
or levels of catch and/or in effort.
    (2) Annual report. By June 30 of each year, the Council-appointed 
precious coral team will prepare an annual report on the fisheries in 
the management area. The report will contain, among other things, 
recommendations for Council action and an assessment of the urgency and 
effects of such action(s).
    (3) Procedure for established measures.
    (i) Established measures are regulations for which the impacts have 
been evaluated in Council or NMFS documents in the context of current 
conditions.
    (ii) The Council may recommend to the Regional Administrator that 
established measures be modified, removed, or reinstituted. Such 
recommendation will include supporting rationale and analysis and will 
be made after advance public notice, public discussion, and 
consideration of public comment. NMFS may implement the Council's 
recommendation by rulemaking if approved by the Regional Administrator.
    (4) Procedure for new measures.
    (i) New measures are regulations for which the impacts have not 
been evaluated in Council or NMFS documents in the context of current 
conditions.
    (ii) The Council will publicize, including by a Federal Register 
document, and solicit public comment on, any proposed new management 
measure. After a Council meeting at which the measure is discussed, the 
Council will consider recommendations and prepare a Federal Register 
document summarizing the Council's deliberations, rationale, and 
analysis for the preferred action and the time and place for any 
subsequent Council meeting(s) to consider the new measure. At a 
subsequent public meeting, the Council will consider public comments 
and other information received before making a recommendation to the 
Regional Administrator about any new measure. If approved by the 
Regional Administrator, NMFS may implement the Council's recommendation 
by rulemaking.
    (e) Coral reef ecosystem measures.
    (1) Procedure for established measures.
    (i) Established measures are regulations for which the impacts have 
been evaluated in Council or NMFS documents in the context of current 
conditions.
    (ii) The Council may recommend to the Regional Administrator that 
established measures be modified, removed, or reinstituted. Such 
recommendation shall include supporting rationale and analysis, and 
shall be made after advance public notice, public discussion and 
consideration of public comment. NMFS may implement the Council's 
recommendation by rulemaking if approved by the Regional Administrator.
    (2) Procedure for new measures.
    (i) New measures are regulations for which the impacts have not 
been evaluated in Council or NMFS documents in the context of current 
conditions. New measures include, but are not limited to, catch limits, 
resource size limits, closures, effort limitations, reporting and 
recordkeeping requirements.

[[Page 60066]]

    (ii) The Regional Administrator will publicize, including by 
Federal Register notice, and solicit public comment on, any proposed 
new management measure. After a Council meeting at which the measure is 
discussed, the Council will consider recommendations and prepare a 
document summarizing the Council's deliberations, rationale, and 
analysis for the preferred action, and the time and place for any 
subsequent Council meeting(s) to consider the new measure. At 
subsequent public meeting(s), the Council will consider public comments 
and other information received to make a recommendation to the Regional 
Administrator about any new measure. NMFS may implement the Council's 
recommendation by rulemaking if approved by the Regional Administrator.
    (A) The Regional Administrator will consider the Council's 
recommendation and supporting rationale and analysis, and, if the 
Regional Administrator concurs with the Council's recommendation, will 
propose regulations to carry out the action. If the Regional 
Administrator rejects the Council's proposed action, the Regional 
Administrator will provide a written explanation for the denial within 
2 weeks of the decision.
    (B) The Council may appeal a denial by writing to the Assistant 
Administrator, who must respond in writing within 30 days.
    (C) The Regional Administrator and the Assistant Administrator will 
make their decisions in accordance with the Magnuson-Stevens Act, other 
applicable laws, and the FEPs.
    (D) To minimize conflicts between the Federal and State/
territorial/commonwealth management systems, the Council will use the 
procedures in this paragraph (e)(2)(ii) to respond to State/
territorial/commonwealth management actions. The Council's 
consideration of action would normally begin with a representative of 
the State, territorial or commonwealth government bringing a potential 
or actual management conflict or need to the Council's attention.
    (3) Annual report. By July 31 of each year, a Council-appointed 
coral reef ecosystem monitoring team will prepare an annual report on 
coral reef fisheries of the western Pacific region. The report will 
contain, among other things:
    (i) Fishery performance data, summaries of new information and 
assessments of need for Council action.
    (ii) Recommendation for Council action. The Council will evaluate 
the annual report and advisory body recommendations and may recommend 
management action by either the State/territorial/commonwealth 
governments or by Federal regulation.
    (iii) If the Council believes that management action should be 
considered, it will make specific recommendations to the Regional 
Administrator after considering the views of its advisory bodies.


Sec.  665.19  Vessel monitoring system.

    (a) Applicability. The holder of any of the following permits is 
subject to the vessel monitoring system requirements in this part:
    (1) Hawaii longline limited access permit issued pursuant to Sec.  
665.801(b);
    (2) American Samoa longline limited entry permit, for vessel size 
Class C or D, issued pursuant to Sec.  665.801(c);
    (3) Vessels permitted to fish in Crustacean Permit Area 1 VMS 
Subarea; or
    (4) CNMI commercial bottomfish permit, if the vessel is a medium or 
large bottomfish vessel, issued pursuant to Sec.  665.404(a)(2).
    (b) VMS unit. Only a VMS unit owned by NMFS and installed by NMFS 
complies with the requirement of this subpart.
    (c) Notification. After a permit holder subject to Sec.  665.19(a) 
has been notified by the SAC of a specific date for installation of a 
VMS unit on the permit holder's vessel, the vessel must carry and 
operate the VMS unit after the date scheduled for installation.
    (d) Fees and charges. During the experimental VMS program, the 
holder of a permit subject to Sec.  665.19(a) shall not be assessed any 
fee or other charges to obtain and use a VMS unit, including the 
communication charges related directed to requirements under this 
section. Communication charges related to any additional equipment 
attached to the VMS unit by the owner or operator shall be the 
responsibility of the owner or operator and not NMFS.
    (e) Permit holder duties. The holder of a permit subject to Sec.  
665.19(a) and master of the vessel must:
    (1) Provide opportunity for the SAC to install and make operational 
a VMS unit after notification.
    (2) Carry and continuously operate the VMS unit on board whenever 
the vessel is at sea.
    (3) Not remove, relocate, or make non-operational the VMS unit 
without prior approval from the SAC.
    (f) Authorization by the SAC. The SAC has authority over the 
installation and operation of the VMS unit. The SAC may authorize the 
connection or order the disconnection of additional equipment, 
including a computer, to any VMS unit when deemed appropriate by the 
SAC.

Subpart B--American Samoa Fisheries


Sec.  665.98  Management area.

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


Sec.  665.99  Area restrictions.

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


Sec.  665.100  American Samoa bottomfish fisheries. [Reserved]


Sec.  665.101  Definitions.

    As used in Sec. Sec.  665.100 through 665.119:
    American Samoa bottomfish management unit species (American Samoa 
bottomfish MUS) means the following fish:

----------------------------------------------------------------------------------------------------------------
              Samoan name                   English common name                    Scientific name
----------------------------------------------------------------------------------------------------------------
palu-gutusiliva........................  red snapper, silvermouth.  Aphareus rutilans
asoama.................................  gray snapper, jobfish....  Aprion virescens
sapoanae...............................  giant trevally, jack.....  Caranx ignobilis
tafauli................................  black trevally, jack.....  Caranx lugubris
fausi..................................  blacktip grouper.........  Epinephelus fasciatus
papa, velo.............................  lunartail grouper........  Variola louti
palu malau.............................  red snapper..............  Etelis carbunculus
palu-loa...............................  red snapper..............  Etelis coruscans

[[Page 60067]]

 
filoa-gutumumu.........................  ambon emperor............  Lethrinus amboinensis
filoa-paomumu..........................  redgill emperor..........  Lethrinus rubrioperculatus
savane.................................  blueline snapper.........  Lutjanus kasmira
palu-i'usama...........................  yellowtail snapper.......  Pristipomoides auricilla
palu-`ena'ena..........................  pink snapper.............  Pristipomoides filamentosus
palu-sina..............................  yelloweye snapper........  Pristipomoides flavipinnis
palu...................................  pink snapper.............  Pristipomoides seiboldii
palu-ula, palu-sega....................  snapper..................  Pristipomoides zonatus
malauli................................  amberjack................  Seriola dumerili
----------------------------------------------------------------------------------------------------------------

Sec.  665.102  [Reserved]


Sec.  665.103  Prohibitions.

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


Sec.  665.104  Gear restrictions.

    (a) Bottom trawls and bottom set gillnets. Fishing for American 
Samoa bottomfish MUS with bottom trawls and bottom set gillnets is 
prohibited.
    (b) Possession of gear. The possession of a bottom trawl or bottom 
set gillnet within the American Samoa fishery management area is 
prohibited.
    (c) Poisons and explosives. The possession or use of any poisons, 
explosives, or intoxicating substances for the purpose of harvesting 
bottomfish is prohibited.


Sec.  665.105  At-sea observer coverage.

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


Sec. Sec.  665.106-665.119  [Reserved]


Sec.  665.120  American Samoa coral reef ecosystem fisheries. 
[Reserved]


Sec.  665.121  Definitions.

    As used in Sec. Sec.  665.120 through 665.139:
    American Samoa coral reef ecosystem management unit species 
(American Samoa coral reef ecosystem MUS) means all of the Currently 
Harvested Coral Reef Taxa and Potentially Harvested Coral Reef Taxa 
listed in this section and which spend the majority of their non-
pelagic (post-settlement) life stages within waters less than or equal 
to 50 fathoms in total depth.
    American Samoa Currently Harvested Coral Reef Taxa:

----------------------------------------------------------------------------------------------------------------
           Family name                Samoan name      English common name             Scientific name
----------------------------------------------------------------------------------------------------------------
Acanthuridae (Surgeonfishes)....  afinamea...........  orange-spot          Acanthurus olivaceus.
                                                        surgeonfish.
                                                       yellowfin            Acanthurus xanthopterus.
                                                        surgeonfish.
                                  aanini.............  convict tang.......  Acanthurus triostegus.
                                                       eye-striped          Acanthurus dussumieri.
                                                        surgeonfish.
                                  ponepone, gaitolama  blue-lined surgeon.  Acanthurus nigroris.
                                  alogo..............  blue-banded          Acanthurus lineatus.
                                                        surgeonfish.
                                  pone-i'usama.......  blackstreak          Acanthurus nigricauda.
                                                        surgeonfish.
                                  laulama,...........  whitecheek           Acanthurus nigricans.
                                                        surgeonfish.
                                  maogo..............  white-spotted        Acanthurus guttatus.
                                                        surgeonfish.
                                                       ringtail             Acanthurus blochii.
                                                        surgeonfish.
                                  ponepone...........  brown surgeonfish..  Acanthurus nigrofuscus.
                                                       elongate             Acanthurus mata.
                                                        surgeonfish.
                                                       mimic surgeonfish..  Acanthurus pyroferus.
                                  pone...............  yellow-eyed          Ctenochaetus strigosus.
                                                        surgeonfish.
                                  pone, pala'ia,       striped              Ctenochaetus striatus.
                                   logoulia.            bristletooth.
                                                       two-spot             Ctenochaetus binotatus.
                                                        bristletooth.
                                  ume-isu............  bluespine            Naso unicornus.
                                                        unicornfish.
                                  ili'ilia, umelei...  orangespine          Naso lituratus.
                                                        unicornfish.
                                                       black tongue         Naso hexacanthus.
                                                        unicornfish.
                                  ume-masimasi.......  bignose unicornfish  Naso vlamingii.
                                                       whitemargin          Naso annulatus.
                                                        unicornfish.
                                  ume-ulutao.........  spotted unicornfish  Naso brevirostris.
                                                       barred unicornfish.  Naso thynnoides.
Balistidae (Triggerfishes)......  sumu, sumu-laulau..  titan triggerfish..  Balistoides viridescens.
                                                       orangestriped        Balistapus undulatus.
                                                        triggerfish.
                                  sumu-`apa'apasina,   pinktail             Melichthys vidua.
                                   sumu-si'umumu.       triggerfish.
                                  sumu-uli...........  black triggerfish..  Melichthys niger.
                                  sumu-laulau........  blue triggerfish...  Pseudobalistes fuscus.
                                  sumu-uo'uo, sumu-    picassofish........  Rhinecanthus aculeatus.
                                   aloalo.
                                  sumu-gase'ele'ele..  bridled triggerfish  Sufflamen fraenatum.
                                  atule..............  bigeye scad........  Selar crumenophthalmus.
                                  atuleau, namuauli..  mackerel scad......  Decapterus macarellus.
Carcharhinidae (Sharks).........  malie-aloalo.......  grey reef shark....  Carcharhinus amblyrhynchos.
                                  aso................  silvertip shark....  Carcharhinus albimarginatus.
                                  malie..............  Galapagos shark....  Carcharhinus galapagensis.
                                  apeape, malie-       blacktip reef shark  Carcharhinus melanopterus.
                                   alamata.

[[Page 60068]]

 
                                  malu...............  whitetip reef shark  Triaenodon obesus.
Holocentridae (Soldierfish,       malau-ugatele,       bigscale             Myripristis berndti.
 squirrelfish).                    malau-va'ava'a.      soldierfish.
                                  malau-tui..........  bronze soldierfish.  Myripristis adusta.
                                                       blotcheye            Myripristis murdjan.
                                                        soldierfish.
                                                       brick soldierfish..  Myripristis amaena.
                                  malau-mamo, malau-   scarlet soldierfish  Myripristis pralinia.
                                   va'ava'a..
                                  malau-tuauli.......  violet soldierfish.  Myripristis violacea.
                                                       whitetip             Myripristis vittata.
                                                        soldierfish.
                                                       yellowfin            Myripristis chryseres.
                                                        soldierfish.
                                  malau-pu'u.........  pearly soldierfish.  Myripristis kuntee.
                                                       double tooth         Myripristis hexagona.
                                                        squirrelfish.
                                                       blackspot            Sargocentron melanospilos.
                                                        squirrelfish.
                                  malau-tianiu.......  file-lined           Sargocentron microstoma.
                                                        squirrelfish.
                                                       pink squirrelfish..  Sargocentron tiereoides.
                                  malau-tui, malau-    crown squirrelfish.  Sargocentron diadema.
                                   talapu'u, malau-
                                   tusitusi, malau-
                                   pauli.
                                                       peppered             Sargocentron punctatissimum.
                                                        squirrelfish.
                                                       blue-lined           Sargocentron tiere.
                                                        squirrelfish.
                                  tamalu, mu-malau,    saber or long jaw    Sargocentron spiniferum.
                                   malau-toa.           squirrelfish.
                                                       spotfin              Neoniphon spp..
                                                        squirrelfish.
Kuhliidae (Flagtails)...........  safole, inato......  barred flag-tail...  Kuhlia mugil.
Kyphosidae (Rudderfish).........  nanue, mata-mutu,    rudderfish.........  Kyphosus cinerascens Kyphosus
                                   mutumutu..                                biggibus.
                                  nanue..............  rudderfish.........  Kyphosus vaigienses.
Labridae (Wrasses)..............  lalafi, tagafa.      napoleon wrasse....  Cheilinus undulatus.
                                   malakea.
                                  lalafi-matamumu....  triple-tail wrasse.  Cheilinus trilobatus.
                                  lalafi-matapua'a...  floral wrasse......  Cheilinus chlorourus.
                                  lalafi-pulepule....  harlequin tuskfish.  Cheilinus fasciatus.
                                  sugale.............  bandcheek wrasse...  Oxycheilinus diagrammus.
                                  sugale.............  arenatus wrasse....  Oxycheilinus arenatus.
                                  sugale-tatanu......  whitepatch wrasse..  Xyrichtys aneitensis.
                                  sugale-mo'o........  cigar wrasse.......  Cheilio inermis.
                                  sugale-laugutu,      blackeye thicklip..  Hemigymnus melapterus.
                                   sugale-uli, sugale-
                                   aloa, sugale-lupe.
                                  sugale-gutumafia...  barred thicklip....  Hemigymnus fasciatus.
                                  lape, sugale-pagota  three-spot wrasse..  Halichoeres trimaculatus.
                                  sugale-a'au, sugale- checkerboard wrasse  Halichoeres hortulanus.
                                   pagota, ifigi.
                                  sugale-uluvela.....  weedy surge wrasse.  Halichoeres margaritaceus.
                                  uloulo-gatala,       surge wrasse.......  Thalassoma purpureum.
                                   patagaloa.
                                  lape-moana.........  red ribbon wrasse..  Thalassoma quinquevittatum.
                                  sugale-samasama....  sunset wrasse......  Thalassoma lutescens.
                                  sugale-la'o, sugale- rockmover wrasse...  Novaculichthys taeniourus.
                                   taili, sugale-
                                   gasufi.
Mullidae (Goatfishes)...........  i'asina, vete,       yellow goatfish....  Mulloidichthys spp.
                                   afulu.
                                  Vete...............  yellowfin goatfish.  Mulloidichthys vanicolensis.
                                  afolu, afulu.......  yellowstripe         Mulloidichthys flavolineatus.
                                                        goatfish.
                                  afoul, afulu.......  banded goatfish....  Parupeneus spp.
                                  tusia, tulausaena,   dash-dot goatfish..  Parupeneus barberinus.
                                   ta'uleia.
                                  matulau-moana......  doublebar goatfish.  Parupeneus bifasciatus.
                                  moana-ula..........  redspot goatfish...  Parupeneus heptacanthus.
                                  i'asina, vete,       yellowsaddle         Parupeneus cyclostomas.
                                   afulu, moana.        goatfish.
                                  matulau-ilamutu....  side-spot goatfish.  Parupeneus pleurostigma.
                                  i'asina, vete,       multi-barred         Parupeneus multifaciatus.
                                   afulu.               goatfish.
Mugilidae (Mullets).............  anae, aua. fuafua..  fringelip mullet...  Crenimugil crenilabis.
                                  moi, poi...........  false mullet.......  Neomyxus leuciscus.
Muraenidae (Moray eels).........  pusi...............  yellowmargin moray   Gymnothorax flavimarginatus.
                                                        eel.
                                  maoa'e.............  giant moray eel....  Gymnothorax javanicus.
                                  pusi-pulepule......  undulated moray eel  Gymnothorax undulatus.
Octopodidae (Octopus)...........  fe'e...............  octopus............  Octopus cyanea.
                                  fe'e...............  octopus............  Octopus ornatus.
Polynemidae.....................  umiumia, i'ausi....  threadfin..........  Polydactylus sexfilis.
Pricanthidae (Bigeye)...........  matapula...........  glasseye...........  Heteropriacanthus cruentatus.
                                  matapula...........  bigeye.............  Priacanthus hamrur.
Scaridae (Parrotfishes).........  fuga...............  stareye parrotfish.  Calotomus carolinus.
                                  fuga, galo-uluto'i,  parrotfish.........  Scarus spp.
                                   fuga-valea, laea-
                                   mamanu.
                                  ulapokea, laea-      Pacific longnose     Hipposcarus longiceps.
                                   ulapokea.            parrotfish.
Scombridae......................  tagi...............  dogtooth tuna......  Gymnosarda unicolor.
Siganidae (Rabbitfish)..........  loloa, lo..........  forktail rabbitfish  Siganus aregenteus.

[[Page 60069]]

 
Sphyraenidae (Barracuda)........  sapatu.............  heller's barracuda.  Sphyraena helleri.
                                  saosao.............  great barracuda....  Sphyraena barracuda.
Turbinidae (turban shells, green  alili..............  green snails.......  Turbo spp.
 snails).
----------------------------------------------------------------------------------------------------------------

    American Samoa Potentially Harvested Reef Taxa:

----------------------------------------------------------------------------------------------------------------
             Samoan name                    English common name                     Scientific name
----------------------------------------------------------------------------------------------------------------
sugale, sugale-vaolo, sugale-a'a,      wrasses (Those species not     Labridae
 lalafi, lape-a'au, la'ofia.            listed as CHCRT).
malie, apoapo, moemoeao..............  sharks (Those species not      Carcharhinidae, Sphyrnidae
                                        listed as CHCRT).
fai..................................  rays and skates..............  Dasyatididae, Myliobatidae
pe'ape'a.............................  batfishes....................  Ephippidae
mutumutu, misimisi, ava'ava-moana....  sweetlips....................  Haemulidae
talitaliuli..........................  remoras......................  Echeneidae
mo'o, mo'otai........................  tilefishes...................  Malacanthidae
tiva.................................  dottybacks...................  Pseudochromidae
aneanea, tafuti......................  prettyfins...................  Plesiopidae
tapua................................  coral crouchers..............  Caracanthidae
                                       flashlightfishes.............  Anomalopidae
gatala, ataata, vaolo, gatala-uli,     groupers (Those species not    Serrandiae
 gatala-sega, gatala-aleva, ateate,     listed as CHCRT or BMUS).
 apoua, susami, gatala-sina, gatala-
 mumu.
lupo, lupota, mamalusi, ulua,          jacks and scads (Those         Carangidae
 sapoanae, taupapa, nato, filu,         species not listed as CHCRT
 atuleau, malauli-apamoana, malauli-    or BMUS).
 sinasama, malauli-matalapo'a, lai.
malau................................  soldierfishes and              Holocentridae
                                        squirrelfishes (Those
                                        species not listed as CHCRT).
i'asina, vete, afulu, afoul, ulula'oa  goatfishes (Those species not  Mullidae
                                        listed as CHCRT).
pone, palagi.........................  surgeonfishes (Those species   Acanthuridae
                                        not listed as CHCRT).
pelupelu, nefu.......................  herrings.....................  Clupeidae
nefu, file...........................  anchovies....................  Engraulidae
mano'o, mano'o-popo, mano'o-fugafuga,  gobies.......................  Gobiidae
 mano'o-apofusami, mano'o-a'au.
mu, mu-taiva, tamala, malai,           snappers (Those species not    Lutjanidae
 feloitega, mu-mafalaugutu, savane-     listed as CHCRT or BMUS).
 ulusama, matala'oa.
sumu, sumu-papa, sumu-taulau.........  trigger fishes (Those species  Balistidae
                                        not listed as CHCRT).
lo...................................  rabbitfishes (Those species    Siganidae
                                        not listed as CHCRT).
nanue, matamutu, mutumutu............  rudderfishes (Those species    Kyphosidae
                                        not listed as CHCRT).
ulisega, atule-toto..................  fusiliers....................  Caesionidae
filoa, mata'ele'ele, ulamalosi.......  emperors (Those species not    Lethrinidae
                                        listed as CHCRT or BMUS).
pusi, maoa'e, atapanoa, u'aulu,        eels (Those species not        Muraenidae, Chlopsidae, Congridae,
 apeape, fafa, gatamea, pusi-solasulu.  listed as CHCRT).              Moringuidae, Ophichthidae
fo, fo-tusiloloa, fo-si'umu, fo-       cardinalfishes...............  Apogonidae
 loloa, fo-tala, fo-manifi, fo-aialo,
 fo-tuauli.
pe'ape'a, laulaufau..................  moorish idols................  Zanclidae
tifitifi, si'u, i'usamasama, tifitifi- butterfly fishes.............  Chaetodontidae
 segaula, laulafau-laumea, alosina.
tu'u'u, tu'u'u-sama, tu'u'u-lega,      angelfishes..................  Pomacanthidae
 tu'u'u-ulavapua, tu'u'u-matamalu,
 tu'u'u-alomu, tu'u'u-uluvela, tu'u'u-
 atugauli, tu'u'u-tusiuli, tu'u'u-
 manini.
tu'u'u, mutu, mamo, tu'u'u-lumane....  damselfishes.................  Pomacentridae
i'atala, la'otele, nofu..............  scorpionfishes...............  Scorpaenidae
mano'o, mano'o-mo'o, mano'o-palea,     blennies.....................  Blenniidae
 mano'o-la'o..
sapatu...............................  barracudas (Those species not  Sphyraenidae
                                        listed as CHCRT).
la'o, ulutu'i, lausiva...............  hawkfishes (Those species not  Cirrhitidae
                                        listed as CHCRT).
la'otale, nofu.......................  frogfishes...................  Antennariidae
                                       pipefishes and seahorses.....  Syngnathidae
ta'oto...............................  sandperches..................  Pinguipedidae
tagi.................................  dog tooth tuna...............  Gymnosarda unicolor
taoto-ena, taoto-sama, `au'aulauti,    trumpetfish..................  Aulostomus chinensis
 taotito.
taotao, taoto-ama....................  cornetfish...................  Fistularia commersoni
sue, sue-vaolo, sue-va'a, sue-lega,    puffer fishes and porcupine    Tetradontidae
 sue-mu, sue-uli, sue-lape, sue-afa,    fishes.
 sue-sugale.
ali..................................  flounders and soles..........  Bothidae, Soleidae
moamoa...............................  trunkfishes..................  Ostraciidae
fugafuga, tuitui, sava'e.............  sea cucumbers and sea urchins  Echinoderms
amu..................................  blue corals..................  Heliopora
amu..................................  organpipe corals.............  Tubipora

[[Page 60070]]

 
                                       ahermatypic corals...........  Azooxanthellates
amu..................................  mushroom corals..............  Fungiidae
amu..................................  small and large coral polyps   ..........................................
amu..................................  fire corals..................  Millepora
amu..................................  soft corals and gorgonians     ..........................................
lumane, matalelei....................  anemones.....................  Actinaria
                                       soft zoanthid corals.........  Zoanthinaria
                                       (Those species not listed as   Mollusca
                                        CHCRT).
sisi-sami............................  sea snails...................  Gastropoda
aliao, alili.........................  .............................  Trochus spp.
sea..................................  sea slugs....................  Opistobranches
                                       black lipped pearl oyster....  Pinctada margaritifera
faisua...............................  giant clam...................  Tridacnidae
pipi, asi, fatuaua, tio, pae, fole...  other clams..................  Other Bivalves
ula, pa'a, kuku, papata..............  lobsters, shrimps, mantis      Crustaceans
                                        shrimps, true crabs and
                                        hermit crabs (Those species
                                        not listed as Crustacean
                                        MUS).
                                       sea squirts..................  Tunicates
                                       sponges......................  Porifera
amu..................................  lace corals..................  Stylasteridae
amu..................................  hydroid corals...............  Solanderidae
                                       segmented worms (Those         Annelids
                                        species not listed as CHCRT).
limu.................................  seaweed......................  Algae
                                       Live rock                      ..........................................
----------------------------------------------------------------------------------------------------------------


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


Sec.  665.122  [Reserved]


Sec.  665.123  Relation to other laws.

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


Sec.  665.124  Permits and fees.

    (a) Applicability. Unless otherwise specified in this subpart, 
Sec.  665.13 applies to coral reef ecosystem permits.
    (1) Special permit. Any person of the United States fishing for, 
taking or retaining American Samoa coral reef ecosystem MUS must have a 
special permit if they, or a vessel which they operate, is used to fish 
for any:
    (i) American Samoa coral reef ecosystem MUS in low-use MPAs as 
defined in Sec.  665.99;
    (ii) American Samoa Potentially Harvested Coral Reef Taxa in the 
coral reef ecosystem management area; or
    (iii) American Samoa coral reef ecosystem MUS in the coral reef 
ecosystem management area with any gear not specifically allowed in 
this subpart.
    (2) Transshipment permit. A receiving vessel must be registered for 
use with a transshipment permit if that vessel is used in the American 
Samoa coral reef ecosystem management area to land or transship PHCRT, 
or any American Samoa coral reef ecosystem MUS harvested within low-use 
MPAs.
    (3) Exceptions. The following persons are not required to have a 
permit under this section:
    (i) Any person issued a permit to fish under any FEP who 
incidentally catches American Samoa coral reef ecosystem MUS while 
fishing for bottomfish management unit species, crustacean management 
unit species, western Pacific pelagic management unit species, precious 
coral, or seamount groundfish.
    (ii) Any person fishing for American Samoa CHCRT outside of an MPA, 
who does not retain any incidentally caught American Samoa PHCRT; and
    (iii) Any person collecting marine organisms for scientific 
research as described in Sec.  665.17, or Sec.  600.745 of this 
chapter.
    (b) Validity. Each permit will be valid for fishing only in the 
fishery management area specified on the permit.
    (c) General requirements. General requirements governing 
application information, issuance, fees, expiration, replacement, 
transfer, alteration, display, sanctions, and appeals for permits are 
contained in Sec.  665.13.
    (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 and completed in writing.
    (3) Issuance.
    (i) If an application contains all of the required information, the 
Regional

[[Page 60071]]

Administrator will forward copies of the application within 30 days to 
the Council, the U.S. Coast Guard (USCG), the fishery management agency 
of the affected State, and other interested parties who have identified 
themselves to the Council, and the USFWS.
    (ii) Within 60 days following receipt of a complete application, 
the Regional Administrator will consult with the Council through its 
Executive Director, USFWS, and the Director of the affected State 
fishery management agency concerning the permit application and will 
receive their recommendations for approval or disapproval of the 
application based on:
    (A) Information provided by the applicant;
    (B) The current domestic annual harvesting and processing capacity 
of the directed and incidental species for which a special permit is 
being requested;
    (C) The current status of resources to be harvested in relation to 
the overfishing definition in the FEP;
    (D) Estimated ecosystem, habitat, and protected species impacts of 
the proposed activity; and
    (E) Other biological and ecological information relevant to the 
proposal. The applicant will be provided with an opportunity to appear 
in support of the application.
    (iii) Following a review of the Council's recommendation and 
supporting rationale, the Regional Administrator may:
    (A) Concur with the Council's recommendation and, after finding 
that it is consistent with the goals and objectives of the FEP, the 
national standards, the Endangered Species Act, and other applicable 
laws, approve or deny a special permit; or
    (B) Reject the Council's recommendation, in which case, written 
reasons will be provided by the Regional Administrator to the Council 
for the rejection.
    (iv) If the Regional Administrator does not receive a 
recommendation from the Council within 60 days of Council receipt of 
the permit application, the Regional Administrator can make a 
determination of approval or denial independently.
    (v) Within 30 working days after the consultation in paragraph 
(d)(3)(ii) of this section, or as soon as practicable thereafter, NMFS 
will notify the applicant in writing of the decision to grant or deny 
the special permit and, if denied, the reasons for the denial. Grounds 
for denial of a special permit include the following:
    (A) The applicant has failed to disclose material information 
required, or has made false statements as to any material fact, in 
connection with his or her application.
    (B) According to the best scientific information available, the 
directed or incidental catch in the season or location specified under 
the permit would detrimentally affect any coral reef resource or coral 
reef ecosystem in a significant way, including, but not limited to 
issues related to, spawning grounds or seasons, protected species 
interactions, EFH, and habitat areas of particular concern (HAPC).
    (C) Issuance of the special permit would inequitably allocate 
fishing privileges among domestic fishermen or would have economic 
allocation as its sole purpose.
    (D) The method or amount of harvest in the season and/or location 
stated on the permit is considered inappropriate based on previous 
human or natural impacts in the given area.
    (E) NMFS has determined that the maximum number of permits for a 
given area in a given season has been reached and allocating additional 
permits in the same area would be detrimental to the resource.
    (F) The activity proposed under the special permit would create a 
significant enforcement problem.
    (vi) The Regional Administrator may attach conditions to the 
special permit, if it is granted, consistent with the management 
objectives of the FEP, including, but not limited to:
    (A) The maximum amount of each resource that can be harvested and 
landed during the term of the special permit, including trip limits, 
where appropriate.
    (B) The times and places where fishing may be conducted.
    (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 FEP.
    (4) Appeals of permit actions.
    (i) Except as provided in subpart D of 15 CFR part 904, any 
applicant for a permit or a permit holder may appeal the granting, 
denial, conditioning, or suspension of their permit or a permit 
affecting their interests to the Regional Administrator. In order to be 
considered by the Regional Administrator, such appeal must be in 
writing, must state the action(s) appealed, and the reasons therefore, 
and must be submitted within 30 days of the original action(s) by the 
Regional Administrator. The appellant may request an informal hearing 
on the appeal.
    (ii) Upon receipt of an appeal authorized by this section, the 
Regional Administrator will notify the permit applicant, or permit 
holder, as appropriate, and will request such additional information 
and in such form as will allow action upon the appeal. Upon receipt of 
sufficient information, the Regional Administrator will rule on the 
appeal in accordance with the permit eligibility criteria set forth in 
this section and the FEP, as appropriate, based upon information 
relative to the application on file at NMFS and the Council and any 
additional information, the summary record kept of any hearing and the 
hearing officer's recommended decision, if any, and such other 
considerations as deemed appropriate. The Regional Administrator will 
notify all interested persons of the decision, and the reasons 
therefore, in writing, normally within 30 days of the receipt of 
sufficient information, unless additional time is needed for a hearing.
    (iii) If a hearing is requested, or if the Regional Administrator 
determines that one is appropriate, the Regional Administrator may 
grant an informal hearing before a hearing officer designated for that 
purpose after first giving notice of the time, place, and subject 
matter of the hearing in the Federal Register. Such a hearing shall 
normally be held no later than 30 days following publication of the 
notice in the Federal Register, unless the hearing officer extends the 
time for reasons deemed equitable. The appellant, the applicant (if 
different), and, at the discretion of the hearing officer, other 
interested parties, may appear personally and/or be represented by 
counsel at the hearing and may submit information and present arguments 
as determined appropriate by the hearing officer. Within 30 days of the 
last day of the hearing, the hearing officer shall recommend in writing 
a decision to the Regional Administrator.
    (iv) The Regional Administrator may adopt the hearing officer's 
recommended decision, in whole or in part, or may reject or modify it. 
In any event, the Regional Administrator will notify interested persons 
of the decision, and the reason(s) therefore, in writing, within 30 
days of receipt of the hearing officer's recommended decision. The 
Regional Administrator's action constitutes final action for the agency 
for the purposes of the Administrative Procedure Act.
    (5) The Regional Administrator may, for good cause, extend any time 
limit prescribed in this section for a period not to exceed 30 days 
either upon his

[[Page 60072]]

or her own motion or upon written request from the Council, appellant 
or applicant stating the reason(s) therefore.


Sec.  665.125  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this chapter and Sec.  665.15 of this part, it is unlawful for any 
person to do any of the following:
    (a) Fish for, take, retain, possess or land any American Samoa 
coral reef ecosystem MUS in any low-use MPA as defined in Sec.  665.99 
unless:
    (1) A valid permit has been issued for the hand harvester or the 
fishing vessel operator that specifies the applicable area of harvest;
    (2) A permit is not required, as outlined in Sec.  665.124; or
    (3) The American Samoa coral reef ecosystem MUS possessed on board 
the vessel originated outside the management area and this can be 
demonstrated through receipts of purchase, invoices, fishing logbooks 
or other documentation.
    (b) Fish for, take, or retain any American Samoa coral reef 
ecosystem MUS species:
    (1) That is determined overfished with subsequent rulemaking by the 
Regional Administrator;
    (2) By means of gear or methods prohibited under Sec.  665.127;
    (3) In a low-use MPA without a valid special permit; or
    (4) In violation of any permit issued under Sec. Sec.  665.13, 
665.123, or 665.124.
    (c) Fish for, take, or retain any wild live rock or live hard coral 
except under a valid special permit for scientific research, 
aquaculture seed stock collection or traditional and ceremonial 
purposes by indigenous people.


Sec.  665.126  Notifications.

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


Sec.  665.127  Allowable gear and gear restrictions.

    (a) American Samoa coral reef ecosystem MUS may be taken only with 
the following allowable gear and methods:
    (1) Hand harvest;
    (2) Spear;
    (3) Slurp gun;
    (4) Hand net/dip net;
    (5) Hoop net for Kona crab;
    (6) Throw net;
    (7) Barrier net;
    (8) Surround/purse net that is attended at all times;
    (9) Hook-and-line (includes handline (powered or not), rod-and-
reel, and trolling);
    (10) Crab and fish traps with vessel ID number affixed; and
    (11) Remote-operating vehicles/submersibles.
    (b) American Samoa coral reef ecosystem MUS may not be taken by 
means of poisons, explosives, or intoxicating substances. Possession or 
use of these materials by any permit holder under this subpart who is 
established to be fishing for coral reef ecosystem MUS in the 
management area is prohibited.
    (c) Existing FEP fisheries shall follow the allowable gear and 
methods outlined in their respective plans.
    (d) Any person who intends to fish with new gear not included in 
this section must describe the new gear and its method of deployment in 
the special permit application. A decision on the permissibility of 
this gear type will be made by the Regional Administrator after 
consultation with the Council and the director of the affected State 
fishery management agency.


Sec.  665.128  Gear identification.

    (a) The vessel number must be affixed to all fish and crab traps on 
board the vessel or deployed in the water by any vessel or person 
holding a permit under Sec. Sec.  665.13 or 665.124 or that is 
otherwise established to be fishing for American Samoa coral reef 
ecosystem MUS in the management area.
    (b) Enforcement action.
    (1) Traps not marked in compliance with paragraph (a) of this 
section and found deployed in the coral reef ecosystem management area 
will be considered unclaimed or abandoned property, and may be disposed 
of in any manner considered appropriate by NMFS or an authorized 
officer.
    (2) Unattended surround nets or bait seine nets found deployed in 
the coral reef ecosystem management area will be considered unclaimed 
or abandoned property, and may be disposed of in any manner considered 
appropriate by NMFS or an authorized officer.


Sec. Sec.  665.129-665.139  [Reserved]


Sec.  665.140  American Samoa Crustacean Fisheries. [Reserved]


Sec.  665.141  Definitions.

    As used in Sec. Sec.  665.140 through 665.159:
    American Samoa crustacean management unit species means the 
following crustaceans:

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

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


Sec.  665.142  Permits.

    (a) Applicability.
    (1) The owner of any vessel used to fish for lobster in Permit Area 
3 must have a permit issued for that vessel.
    (2) The owner of any vessel used to fish for deepwater shrimp in 
Crustacean Permit Area 3 must have a permit issued for that vessel.
    (b) General requirements. General requirements governing 
application information, issuance, fees, expiration, replacement, 
transfer, alteration, display, sanctions, and appeals for permits 
issued under this section, as applicable, are contained in Sec.  
665.13.
    (c) Application. An application for a permit required under this 
section will be submitted to PIRO as described in Sec.  665.13. If the 
application for a limited access permit is submitted on behalf of a 
partnership or corporation, the application must be accompanied by a 
supplementary information sheet obtained from PIRO and contain the 
names and mailing addresses of all partners or shareholders and their 
respective percentage of ownership in the partnership or corporation.


Sec.  665.143  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this chapter and Sec.  665.15, in Crustacean Permit Area 3, it is 
unlawful for any person to fish

[[Page 60073]]

for, take, or retain deepwater shrimp without a permit issued under 
Sec.  665.142.


Sec.  665.144  Notifications.

    (a) The operator of any vessel fishing subject to the requirements 
of this subpart must:
    (1) Report, not less than 24 hours, but not more than 36 hours, 
before landing, the port, the approximate date and the approximate time 
at which spiny and slipper lobsters will be landed.
    (2) Report, not less than 6 hours and not more than 12 hours before 
offloading, the location and time that offloading of spiny and slipper 
lobsters will begin.
    (b) The Regional Administrator will notify permit holders of any 
change in the reporting method and schedule required in paragraphs 
(a)(1) and (a)(2) of this section at least 30 days prior to the opening 
of the fishing season.


Sec.  665.145  At-sea observer coverage.

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


Sec. Sec.  665.146  665.159 [Reserved]


Sec.  665.160  American samoa precious coral fisheries. [Reserved]


Sec.  665.161  Definitions.

    As used in Sec. Sec.  665.160 through 665.169:
    American Samoa precious coral management unit species (American 
Samoa precious coral MUS) means any coral of the genus Corallium in 
addition to the following species of corals:

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

    American Samoa precious coral permit area means the area 
encompassing the precious coral beds within the U.S. EEZ around 
American Samoa. Each bed is designated by a permit area code and 
assigned to one of the following four categories:
    (1) Established beds. [Reserved]
    (2) Conditional beds. [Reserved]
    (3) Refugia. [Reserved]
    (4) Exploratory Area. Permit Area X-P-AS includes all coral beds, 
other than established beds, conditional beds, or refugia, in the EEZ 
seaward of American Samoa.


Sec.  665.162  Permits.

    (a) Any vessel of the United States fishing for, taking, or 
retaining American Samoa precious coral MUS in any American Samoa 
precious coral permit area must have a permit issued under Sec.  
665.13.
    (b) Each permit will be valid for fishing only in the permit area 
specified on the permit. Precious Coral Permit Areas are defined in 
Sec.  665.161.
    (c) No more than one permit will be valid for any one vessel at any 
one time.
    (d) No more than one permit will be valid for any one person at any 
one time.
    (e) The holder of a valid permit to fish one permit area may obtain 
a permit to fish another permit area only upon surrendering to the 
Regional Administrator any current permit for the precious coral 
fishery issued under Sec.  665.13.
    (f) General requirements governing application information, 
issuance, fees, expiration, replacement, transfer, alteration, display, 
sanctions, and appeals for permits for the precious coral fishery are 
contained in Sec.  665.13.


Sec.  665.163  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this chapter and in Sec.  665.15, it is unlawful for any person to:
    (a) Use any vessel to fish for, take, retain, possess or land 
precious coral in any precious coral permit area, unless a permit has 
been issued for that vessel and area as specified in Sec.  665.13 and 
that permit is on board the vessel.
    (b) Fish for, take, or retain any species of American Samoa 
precious coral MUS in any precious coral permit area:
    (1) By means of gear or methods prohibited by Sec.  665.164.
    (2) In refugia specified in Sec.  665.161.
    (3) In a bed for which the quota specified in Sec.  665.167 has 
been attained.
    (4) In violation of any permit issued under Sec.  665.13 or Sec.  
665.17.
    (5) In a bed that has been closed pursuant to Sec. Sec.  665.166 or 
665.169.
    (c) Take and retain, possess, or land any live pink coral or live 
black coral from any precious coral permit area that is less than the 
minimum height specified in Sec.  665.165 unless:
    (1) A valid EFP was issued under Sec.  665.17 for the vessel and 
the vessel was operating under the terms of the permit; or
    (2) The coral originated outside coral beds listed in this 
paragraph, and this can be demonstrated through receipts of purchase, 
invoices, or other documentation.


Sec.  665.164  Gear restrictions.

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


Sec.  665.165  Size restrictions.

    The height of a live coral specimen shall be determined by a 
straight line measurement taken from its base to its most distal 
extremity. The stem diameter of a living coral specimen shall be 
determined by measuring the greatest diameter of the stem at a point no 
less than 1 inch (2.54 cm) from the top surface of the living holdfast.
    (a) Live pink coral harvested from any precious coral permit area 
must have attained a minimum height of 10 inches (25.4 cm).
    (b) Black coral. Live black coral harvested from any precious coral 
permit area must have attained either a minimum stem diameter of 1 inch 
(2.54 cm), or a minimum height of 48 inches (122 cm).


Sec.  665.166  Closures.

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


Sec.  665.167  Quotas.

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

[[Page 60074]]

    (b) Conditional bed closure. A conditional bed will be closed to 
all nonselective coral harvesting after the quota for one species of 
coral has been taken.
    (c) Reserves and reserve release. The quotas for exploratory area 
X-P-AS will be held in reserve for harvest by vessels of the United 
States in the following manner:
    (1) At the start of the fishing year, the reserve for the American 
Samoa exploratory area will equal the quota minus the estimated 
domestic annual harvest for that year.
    (2) As soon as practicable after December 31 each year, the 
Regional Administrator will determine the amount harvested by vessels 
of the United States between July 1 and December 31 of the year that 
just ended on December 31.
    (3) NMFS will release to TALFF an amount of precious coral for each 
exploratory area equal to the quota minus two times the amount 
harvested by vessels of the United States in that July 1-December 31 
period.
    (4) NMFS will publish in the Federal Register a notification of the 
Regional Administrator's determination and a summary of the information 
on which it is based as soon as practicable after the determination is 
made.
    (d) The American Samoa exploratory permit area X-P-AS has an annual 
quota of 1,000 kg for all American Samoa precious coral MUS combined 
with the exception of black corals.


Sec.  665.168  Seasons.

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


Sec.  665.169  Gold coral harvest moratorium.

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

Subpart C--Hawaii Fisheries


Sec.  665.198  Management area.

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


Sec.  665.199  Area restrictions. [Reserved]


Sec.  665.200  Hawaii bottomfish and seamount groundfish fisheries. 
[Reserved]


Sec.  665.201  Definitions.

    As used in Sec. Sec.  665.200 through 665.219:
    Hawaii bottomfish management unit species (Hawaii bottomfish MUS) 
means the following species:

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

    Hawaii restricted bottomfish species fishing year means the year 
beginning at 0001 HST on September 1 and ending at 2400 HST on August 
31 of the next calendar year.
    Main Hawaiian Islands non-commercial bottomfish permit means the 
permit required by Sec.  665.203(a)(2) to own or fish from a vessel 
that is used in any non-commercial vessel-based fishing, landing, or 
transshipment of any Hawaii bottomfish MUS in the MHI Management 
Subarea.
    Protected species study zone means the waters within 50 nm, as 
designated by the Regional Administrator pursuant to Sec.  665.208, 
around the following islands of the NWHI and as measured from the 
following coordinates:

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


[[Page 60075]]

    Seamount Groundfish means the following species:

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

Sec.  665.202  Management subareas.

    (a) The Hawaii fishery management area is divided into subareas 
with the following designations and boundaries:
    (1) Main Hawaiian Islands means the U.S. EEZ around the Hawaiian 
Archipelago lying to the east of 161[deg]20[min] W. long.
    (2) Northwestern Hawaiian Islands means the EEZ around the Hawaiian 
Archipelago lying to the west of 161[deg]20[min] W. long. For the 
purposes of regulations issued under this subpart, Midway Island is 
treated as part of the NWHI Subarea.
    (i) Ho'omalu Zone means that portion of the EEZ around the NWHI 
west of 165[deg] W. long.
    (ii) Mau Zone means that portion of the EEZ around the NWHI between 
161[deg]20' W. long. and 165[deg] W. long.
    (3) Hancock Seamount means that portion of the EEZ in the 
Northwestern Hawaiian Islands west of 180[deg]00[min] W. long. and 
north of 28[deg]00[min] N. lat.
    (b) The inner boundary of each management subarea is a line 
coterminous with the seaward boundaries of the State of Hawaii.
    (c) The outer boundary of each management subarea is a line drawn 
in such a manner that each point on it is 200 nautical miles from the 
baseline from which the territorial sea is measured.


Sec.  665.203  Permits.

    (a) Applicability.
    (1) Northwestern Hawaiian Islands. The owner of any vessel used to 
fish for, land, or transship Hawaii bottomfish MUS shoreward of the 
outer boundary of the NWHI subarea must have a permit issued under this 
section, and the permit must be registered for use with that vessel. 
PIRO will not register a single vessel for use with a Ho'omalu Zone 
permit and a Mau Zone permit at the same time. Mau Zone permits issued 
before June 14, 1999, became invalid June 14, 1999, except that a 
permit issued to a person who submitted a timely application under 
paragraph (b)(3) of this section is valid until the permit holder 
either receives a Mau Zone limited entry permit or until final agency 
action is taken on the permit holder's application. The Ho'omalu Zone 
and the Mau Zone limited entry systems described in this section are 
subject to abolition, modification, or additional effort limitation 
programs.
    (2) MHI non-commercial. The owner of a vessel that is used for and 
any person who participates in non-commercial, vessel-based fishing, 
landing, or transshipment of Hawaii bottomfish MUS in the MHI 
management subarea is required to obtain an MHI non-commercial 
bottomfish permit or a State of Hawaii Commercial Marine License. If 
one or more persons on a vessel-based bottomfish fishing trip holds an 
MHI non-commercial permit, then the entire trip is considered non-
commercial, and not commercial. However, if any commercial fishing 
occurs during or as a result of a vessel-based fishing trip, then the 
fishing trip is considered commercial, and not non-commercial. Charter 
boat customers are not subject to the requirements of the section.
    (b) Submission.
    (1) An application for a permit required under this section must be 
submitted to PIRO as described in Sec.  665.13.
    (2) Ho'omalu Zone limited access permit. In addition to an 
application under Sec.  665.13(c), each applicant for a Ho'omalu Zone 
permit must also submit a supplementary information sheet provided by 
PIRO, which must be signed by the vessel owner or a designee and 
include the following information:
    (i) The qualification criterion that the applicant believes he or 
she meets for issuance of a limited access permit;
    (ii) A copy of landings receipts or other documentation, with a 
certification from a State or Federal agency that this information is 
accurate, to demonstrate participation in the NWHI bottomfish fishery; 
and
    (iii) If the application is filed by a partnership or corporation, 
the names of each of the individual partners or shareholders and their 
respective percentages of ownership of the partnership or corporation.
    (3) Mau Zone limited access permit. PIRO will not accept 
applications for a new Mau Zone permit after June 14, 1999. In addition 
to an application under Sec.  665.13(c), each applicant for a Mau Zone 
permit must also submit a supplementary information sheet provided by 
PIRO, which must be signed by the vessel owner or a designee and 
include the following information:
    (i) The qualification criterion that the applicant believes he or 
she meets for issuance of a limited access permit;
    (ii) Copy of State of Hawaii catch report(s) to demonstrate that 
the permitted vessel had made qualifying landings of bottomfish from 
the Mau Zone; and
    (iii) If the application is filed by a partnership or corporation, 
the names of each of the individual partners or shareholders and their 
respective percentage of ownership of the partnership or corporation.
    (c) Sale or transfer of Ho'omalu limited access permits to new 
vessel owners.
    (1) A Ho'omalu zone permit may not be sold or otherwise transferred 
to a new owner.
    (2) A Ho'omalu zone permit or permits may be held by a partnership 
or corporation. If 50 percent or more of the ownership of the vessel 
passes to persons other than those listed in the original application, 
the permit will lapse and must be surrendered to the Regional 
Administrator.
    (d) Transfer of Ho'omalu Zone limited access permits to replacement 
vessels.
    (1) Upon application by the owner of a permitted vessel, the 
Regional Administrator will transfer that owner's permit to a 
replacement vessel owned by that owner, provided that the replacement 
vessel does not exceed 60 ft (18.3 m) LOA. The replacement vessel must 
be put into service no later than 12 months after the owner applies for 
the transfer, or the transfer shall be void.
    (2) An owner of a permitted vessel may apply to the Regional 
Administrator for transfer of that owner's permit to a replacement 
vessel greater than 60 ft (18.3 m) LOA. The Regional Administrator may 
transfer the permit upon determining, after consultation with the 
Council and considering the objectives of the limited access program, 
that the replacement vessel has catching power that is comparable to 
the rest of the vessels holding permits for the fishery, or has 
catching power that does not exceed that of the original vessel, and 
that the transfer is not inconsistent with the objectives of the 
program. The Regional Administrator shall consider vessel length, 
range, hold capacity, gear limitations, and other appropriate factors 
in making determinations of catching power equivalency and 
comparability of the catching power of vessels in the fishery.
    (e) Ho'omalu Zone limited access permit renewal.
    (1) A qualifying landing for Ho'omalu Zone permit renewal is a 
landing of at least 2,500 lb (1,134 kg) of Hawaii bottomfish MUS from 
the Ho'omalu Zone or a landing of at least 2,500 lb (1,134 kg) of fish 
from the Ho'omalu Zone, of which at least 50 percent by weight was 
Hawaii bottomfish MUS. A permit is eligible for renewal for the

[[Page 60076]]

next calendar year if the vessel covered by the permit made three or 
more qualifying landings during the current calendar year.
    (2) The owner of a permitted vessel that did not make three or more 
qualifying landings of bottomfish in a year may apply to the Regional 
Administrator for a waiver of the landing requirement. If the Regional 
Administrator finds that failure to make three landings was due to 
circumstances beyond the owner's control, the Regional Administrator 
may renew the permit. A waiver may not be granted if the failure to 
make three landings was due to general economic conditions or market 
conditions, such that the vessel operations would not be profitable.
    (f) Issuance of new Ho'omalu Zone limited access permits. The 
Regional Administrator may issue new Ho'omalu Zone limited access 
permits under Sec.  665.13 if the Regional Administrator determines, in 
consultation with the Council, that bottomfish stocks in the Ho'omalu 
Zone are able to support additional fishing effort.
    (g) Eligibility for new Ho'omalu Zone limited access permits. When 
the Regional Administrator has determined that new permits may be 
issued, they shall be issued to applicants based upon eligibility, 
determined as follows:
    (1) Point system.
    (i) Two points will be assigned for each year in which the 
applicant was owner or captain of a vessel that made three or more of 
any of the following types of landings in the NWHI:
    (A) Any amount of Hawaii bottomfish MUS, regardless of weight, if 
made on or before August 7, 1985;
    (B) At least 2,500 lb (1,134 kg) of Hawaii bottomfish MUS, if made 
after August 7, 1985; or
    (C) At least 2,500 lb (1,134 kg) of any fish lawfully harvested 
from the NWHI, of which at least 50 percent by weight was bottomfish, 
if made after August 7, 1985.
    (ii) One point will be assigned for each year in which the 
applicant was owner or captain of a vessel that landed at least 6,000 
lb (2,722 kg) of bottomfish from the MHI.
    (iii) For any one year, points will be assigned under either 
paragraph (g)(1)(i) or (g)(1)(ii) of this section, but not under both 
paragraphs.
    (iv) Before the Regional Administrator issues a Ho'omalu zone 
permit to fish for bottomfish under this section, the primary operator 
and relief operator named on the application form must have completed a 
protected species workshop conducted by NMFS.
    (2) Restrictions. An applicant must own at least a 25 percent share 
in the vessel that the permit would cover, and only one permit will be 
assigned to any vessel.
    (3) Order of issuance. New permits shall be awarded to applicants 
in descending order, starting with the applicant with the largest 
number of points. If two or more persons have an equal number of 
points, and there are insufficient new permits for all such applicants, 
the new permits shall be awarded by the Regional Administrator through 
a lottery.
    (4) Notification. The Regional Administrator shall place a notice 
in the Federal Register and shall use other means to notify prospective 
applicants of the opportunity to file applications for new permits 
under this program.
    (h) Eligibility for new Mau Zone limited access permits. (1) PIRO 
will issue an initial Mau Zone permit to a vessel owner who qualifies 
for at least three points under the following point system:
    (i) An owner who held a Mau Zone permit on or before December 17, 
1991, and whose permitted vessel made at least one qualifying landing 
of Hawaii bottomfish MUS on or before December 17, 1991, shall be 
assigned 1.5 points.
    (ii) An owner whose permitted vessel made at least one qualifying 
landing of Hawaii bottomfish MUS during 1991, shall be assigned 0.5 
point.
    (iii) An owner whose permitted vessel made at least one qualifying 
landing of Hawaii bottomfish MUS during 1992, shall be assigned 1.0 
point.
    (iv) An owner whose permitted vessel made at least one qualifying 
landing of Hawaii bottomfish MUS during 1993, shall be assigned 1.5 
points.
    (v) An owner whose permitted vessel made at least one qualifying 
landing of Hawaii bottomfish MUS during 1994, shall be assigned 2.0 
points.
    (vi) An owner whose permitted vessel made at least one qualifying 
landing of Hawaii bottomfish MUS during 1995, shall be assigned 2.5 
points.
    (vii) An owner whose permitted vessel made at least one qualifying 
landing of Hawaii bottomfish MUS during 1996, shall be assigned 3.0 
points.
    (viii) Before PIRO issues a Mau Zone permit to fish for bottomfish 
under this section, the primary operator and relief operator named on 
the application form must have completed a protected species workshop 
conducted by NMFS.
    (2) For purposes of this paragraph (h), a ``qualifying landing'' 
means any amount of Hawaii bottomfish MUS lawfully harvested from the 
Mau Zone and offloaded for sale. No points shall be assigned to an 
owner for any qualifying landings reported to the State of Hawaii more 
than 1 year after the landing.
    (3) More than one Mau Zone permit may be issued to an owner of two 
or more vessels, provided each of the owner's vessels for which a 
permit will be registered for use has made the required qualifying 
landings for the owner to be assigned at least three eligibility 
points.
    (4) A Mau Zone permit holder who does not own a vessel at the time 
initial permits are issued must register the permit for use with a 
vessel owned by the permit holder within 12 months from the date the 
permit was issued. In the interim, the permit holder may register the 
permit for use with a leased or chartered vessel. If within 12 months 
of initial permit issuance, the permit holder fails to apply to PIRO to 
register the permit for use with a vessel owned by the permit holder, 
then the permit shall expire.
    (5) For each of paragraphs (h)(1)(i) through (h)(1)(viii) of this 
section, PIRO shall assign points based on the landings of one 
permitted vessel to only one owner if the vessel did not have multiple 
owners during the time frame covered by the subordinate paragraphs. If 
a vessel had multiple owners during a time frame covered by any of 
paragraphs (h)(1)(i) through (h)(1)(viii) of this section (including 
joint owners, partners, or shareholders of a corporate owner), PIRO 
will assign the points for that subordinate paragraph to a single owner 
if only one owner submits an application with respect to the landings 
of that vessel during that time frame. If multiple owners submit 
separate applications with respect to the same landings of the same 
vessel during the same time frame, then PIRO shall:
    (i) Adhere to any written agreement between the applicants with 
respect to who among them shall be assigned the aggregate point(s) 
generated by landings during such time frame(s), or
    (ii) If there is no agreement:
    (A) Shall issue the applicants a joint permit provided the vessel's 
landings during such time frames generated at least three points, or
    (B) In the event the vessel's landings during such time frame(s) 
generated less than three points, shall not assign any points generated 
by the vessel's landings during such time frame(s).
    (i) Ownership requirements and registration of Mau Zone limited 
access permits for use with other vessels.
    (1) A Mau Zone permit may be held by an individual, partnership, or 
corporation. No more than 49 percent of the underlying ownership 
interest in a Mau Zone permit may be sold, leased, chartered, or 
otherwise transferred to

[[Page 60077]]

another person or entity. If more than 49 percent of the underlying 
ownership of the permit passes to persons or entities other than those 
listed in the original permit application supplemental information 
sheet, then the permit expires and must be surrendered to PIRO.
    (2) A Mau Zone permit holder may apply under Sec.  665.13 to PIRO 
to register the permit for use with another vessel if that vessel is 
owned by the permit holder, and is no longer than 60 ft (18.3 m).
    (3) If a Mau Zone permit holder sells the vessel for which the 
permit is registered for use, the permit holder must, within 12 months 
of the date of sale, apply to PIRO to register the permit for use with 
a vessel owned by the permit holder. If the permit holder has not 
applied to register a replacement vessel within 12 months, then the 
permit expires.
    (4) If a permitted vessel owned by the permit holder is sold or 
becomes unseaworthy, the Mau Zone permit with which the vessel was 
registered may be registered for use with a leased or chartered vessel 
for a period not to exceed 12 months from the date of registration of 
the leased or chartered vessel. If by the end of that 12 month period 
the permit holder fails to apply to PIRO to register the permit for use 
with a vessel owned by the permit holder, then the permit expires.
    (j) Mau Zone limited access permit renewal.
    (1) A Mau Zone permit will be eligible for renewal if the vessel 
for which the permit is registered for use made at least five separate 
fishing trips with landings of at least 500 lb (227 kg) of Hawaii 
bottomfish MUS per trip during the calendar year. Only one landing of 
bottomfish MUS per fishing trip to the Mau Zone will be counted toward 
the landing requirement.
    (2) If the vessel for which the permit is registered for use fails 
to meet the landing requirement of paragraph (j)(1) of this section, 
the owner may apply to the Regional Administrator for a waiver of the 
landing requirement. Grounds for a waiver are limited to captain 
incapacitation, vessel breakdowns, and the loss of the vessel at sea if 
the event prevented the vessel from meeting the landing requirement. 
Unprofitability is not sufficient for waiver of the landing 
requirement.
    (3) Failure of the permit holder to register a vessel for use under 
the permit does not exempt a permit holder from the requirements 
specified in this paragraph.
    (k) Appeals of permit actions.
    (1) Except as provided in subpart A of 15 CFR part 904, any 
applicant for a permit or a permit holder may appeal the granting, 
denial, or revocation of his or her permit to the Regional 
Administrator.
    (2) In order to be considered by the Regional Administrator, such 
appeal must be in writing, must state the action appealed, and the 
reasons therefore, and must be submitted within 30 days of the appealed 
action. The appellant may request an informal hearing on the appeal.
    (3) The Regional Administrator, in consultation with the Council, 
will decide the appeal in accordance with the FEP and implementing 
regulations and based upon information relative to the application on 
file at NMFS and the Council, the summary record kept of any hearing, 
the hearing officer's recommended decision, if any, and any other 
relevant information.
    (4) If a hearing is requested, or if the Regional Administrator 
determines that one is appropriate, the Regional Administrator may 
grant an informal hearing before a hearing officer designated for that 
purpose. The applicant or permit holder may appear personally and/or be 
represented by counsel at the hearing and submit information and 
present arguments as determined appropriate by the hearing officer. 
Within 30 days of the last day of the hearing, the hearing officer 
shall recommend in writing a decision to the Regional Administrator.
    (5) The Regional Administrator may adopt the hearing officer's 
recommended decision, in whole or in part, or may reject or modify it. 
The Regional Administrator's decision on the application is the final 
administrative decision of the Department of Commerce, and is effective 
on the date the Administrator signs the decision.


Sec.  665.204  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this chapter and Sec.  665.15, it is unlawful for any person to do 
any of the following:
    (a) Fish for Hawaii bottomfish or seamount groundfish management 
unit species using gear prohibited under Sec.  665.206.
    (b) Fish for, or retain on board a vessel, Hawaii bottomfish MUS in 
the Ho'omalu Zone or the Mau Zone without the appropriate permit 
registered for use with that vessel issued under Sec.  665.13.
    (c) Serve as primary operator or relief operator on a vessel with a 
Mau or Ho'omalu Zone permit without completing a protected species 
workshop conducted by NMFS, as required by Sec.  665.203.
    (d) Fail to notify the USCG at least 24 hours prior to making any 
landing of bottomfish taken in the Ho'omalu Zone, as required by Sec.  
665.205.
    (e) Fish within any protected species study zone in the NWHI 
without notifying the Regional Administrator of the intent to fish in 
these zones, as required under Sec.  664.205.
    (f) Falsify or fail to make or file reports of all fishing 
activities shoreward of the outer boundary of the MHI management 
subarea, in violation of Sec.  665.14(a) or (b).
    (g) Own a vessel or fish from a vessel that is used to fish non-
commercially for any Hawaii bottomfish MUS in the MHI management 
subarea without either a MHI non-commercial bottomfish permit or a 
State of Hawaii Commercial Marine License, in violation of Sec. Sec.  
665.2 or 665.203(a)(2).
    (h) Fish for or possess any Hawaii Restricted Bottomfish Species as 
specified in Sec.  665.210, in the MHI management subarea after a 
closure of the fishery, in violation of Sec.  665.211.
    (i) Sell or offer for sale any Hawaii Restricted Bottomfish 
Species, as specified in Sec.  665.210, after a closure of the fishery, 
in violation of Sec.  665.211.
    (j) Harvest, possess, or land more than a total of five fish (all 
species combined) identified as Hawaii Restricted Bottomfish Species in 
Sec.  665.210 from a vessel in the MHI management subarea, while 
holding a MHI non-commercial bottomfish permit, or while participating 
as a charter boat customer, in violation of Sec.  665.212.


Sec.  665.205  Notification.

    (a) The owner or operator of a fishing vessel subject to Sec.  
665.203(a)(1) must inform PIRO at least 72 hours (not including 
weekends and holidays) before leaving port, of his or her intent to 
fish within the protected species study zones defined in Sec.  665.201. 
The notice must include the name of the vessel, name of the operator, 
intended departure and return date, and a telephone number at which the 
owner or operator may be contacted during the business day (8 a.m. to 5 
p.m.) to indicate whether an observer will be required on the subject 
fishing trip.
    (b) The operator of a fishing vessel that has taken Hawaii 
bottomfish MUS in the Ho'omalu Zone must contact the USCG, by radio or 
otherwise, at the 14th District, Honolulu, HI; Pacific Area, San 
Francisco, CA; or 17th District, Juneau, AK, at least 24 hours before 
landing, and report the port and the approximate date and time at which 
the bottomfish will be landed.

[[Page 60078]]

Sec.  665.206  Gear restrictions.

    (a) Bottom trawls and bottom set gillnets. Fishing for Hawaii 
bottomfish and seamount groundfish management unit species with bottom 
trawls and bottom set gillnets is prohibited.
    (b) Possession of gear. Possession of a bottom trawl and bottom set 
gillnet by any vessel having a permit under Sec.  665.203 or otherwise 
established to be fishing for Hawaii bottomfish or seamount groundfish 
management unit species in the management subareas is prohibited.
    (c) Poisons and explosives. The possession or use of any poisons, 
explosives, or intoxicating substances for the purpose of harvesting 
Hawaii bottomfish and seamount groundfish management unit species is 
prohibited.


Sec.  665.207  At-sea observer coverage.

    (a) All fishing vessels subject to Sec. Sec.  665.200 though 
665.212 must carry an observer when directed to do so by the Regional 
Administrator.
    (b) PIRO will advise the vessel owner or operator of any observer 
requirement within 72 hours (not including weekends or holidays) of 
receipt of the notice provided pursuant to Sec.  665.205(a). If an 
observer is required, the owner or operator will be informed of the 
terms and conditions of observer coverage, and the time and place of 
embarkation of the observer.
    (c) All observers must be provided with sleeping, toilet, and 
eating accommodations at least equal to that provided to a full crew 
member. A mattress or futon on the floor, or a cot, is not acceptable 
in place of a regular bunk. Meal and other galley privileges must be 
the same for the observer as for other crew members.
    (d) Female observers on a vessel with an all-male crew must be 
accommodated either in a single-person cabin or, if reasonable privacy 
can be ensured by installing a curtain or other temporary divider, in a 
two-person cabin shared with a licensed officer of the vessel. If the 
cabin assigned to a female observer does not have its own toilet and 
shower facilities that can be provided for the exclusive use of the 
observer, then a schedule for time-sharing of common facilities must be 
established and approved by the Regional Administrator prior to the 
vessel's departure from port.


Sec.  665.208  Protected species conservation.

    The Regional Administrator may change the size of the protected 
species study zones defined in Sec.  665.201 of this subpart:
    (a) If the Regional Administrator determines that a change in the 
size of the study zones would not result in fishing for bottomfish in 
the NWHI that would adversely affect any species listed as threatened 
or endangered under the ESA.
    (b) After consulting with the Council.
    (c) Through notification in the Federal Register published at least 
30 days prior to the effective date or through actual notice to the 
permit holders.


Sec.  665.209  Fishing moratorium on Hancock Seamount.

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


Sec.  665.210  Hawaii restricted bottomfish species.

    Hawaii restricted bottomfish species means the following species:

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

Sec.  665.211  Total Allowable Catch (TAC) limit.

    (a) TAC limits will be set annually for the fishing year by NMFS, 
as recommended by the Council, based on the best available scientific, 
commercial, and other information, and taking into account the 
associated risk of overfishing.
    (b) The Regional Administrator shall publish a notice indicating 
the annual TAC limit in the Federal Register by August 31 of each year, 
and shall use other means to notify permit holders of the TAC limit for 
the year.
    (c) When the TAC limit specified in this section is projected to be 
reached based on analyses of available information, the Regional 
Administrator shall publish a notice to that effect in the Federal 
Register and shall use other means to notify permit holders. The notice 
will include an advisement that the fishery will be closed beginning at 
a specified date, which is not earlier than 14 days after the date of 
filing the closure notice for public inspection at the Office of the 
Federal Register, until the end of the fishing year in which the TAC is 
reached.
    (d) On and after the date specified in Sec.  665.211(c), no person 
may fish for or possess any Hawaii Restricted Bottomfish Species as 
specified in Sec.  665.210 in the MHI management subarea, except as 
otherwise allowed in this section.
    (e) On and after the date specified in Sec.  665.211(c), no person 
may sell or offer for sale Hawaii Restricted Bottomfish Species as 
specified in Sec.  665.210, except as otherwise authorized by law.
    (f) Fishing for, and the resultant possession or sale of, Hawaii 
Restricted Bottomfish Species by vessels legally registered to Mau 
Zone, Ho'omalu Zone, or PRIA bottomfish fishing permits and conducted 
in compliance with all other laws and regulations, is exempted from 
this section.


Sec.  665.212  Non-commercial bag limits.

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


Sec. Sec.  665.213-665.219  [Reserved]


Sec.  665.220  Hawaii coral reef ecosystem fisheries. [Reserved]


Sec.  665.221  Definitions.

    As used in Sec. Sec.  665.220 through 665.239:
    Hawaii coral reef ecosystem management unit species (Hawaii coral 
reef ecosystem MUS) means all of the Currently Harvested Coral Reef 
Taxa and Potentially Harvested Coral Reef Taxa listed in this section 
and which spend the majority of their non-pelagic

[[Page 60079]]

(post-settlement) life stages within waters less than or equal to 50 
fathoms in total depth.

                                   Hawaii--Currently Harvested Coral Reef Taxa
----------------------------------------------------------------------------------------------------------------
             Family name                      Local name          English common name        Scientific name
----------------------------------------------------------------------------------------------------------------
 
Acanthuridae (Surgeonfishes).........  na`ena`e...............  orange-spot surgeonfish  Acanthurus olivaceus.
                                       pualu..................  yellowfin surgeonfish..  Acanthurus
                                                                                          xanthopterus.
                                       manini.................  convict tang...........  Acanthurus triostegus.
                                       palani.................  eye-striped surgeonfish  Acanthurus dussumieri.
                                       maiko..................  blue-lined surgeon.....  Acanthurus nigroris.
                                       maiko, maikoiko........  whitebar surgeonfish...  Acanthurus
                                                                                          leucopareius.
                                                                whitecheek surgeonfish.  Acanthurus nigricans.
                                       `api...................  white-spotted            Acanthurus guttatus.
                                                                 surgeonfish.
                                       Pualu..................  ringtail surgeonfish...  Acanthurus blochii.
                                       mai`i`i................  brown surgeonfish......  Acanthurus nigrofuscus.
                                       kole...................  yellow-eyed surgeonfish  Ctenochaetus strigosus.
                                       NA.....................  striped bristletooth...  Ctenochaetus striatus.
                                       kala...................  bluespine unicornfish..  Naso unicornus.
                                       kalalei, umaumalei.....  orangespine unicornfish  Naso lituratus.
Acanthuridae (Surgeonfishes).........  kala holo..............  black tongue             Naso hexacanthus.
                                                                 unicornfish.
                                       kala...................  whitemargin unicornfish  Naso annulatus.
                                       kala lolo..............  spotted unicornfish....  Naso brevirostris.
                                                                gray unicornfish.......  Naso caesius.
                                       lau`ipala..............  yellow tang............  Zebrasoma flavescens.
Balistidae (Triggerfish).............  humuhumu hi`ukole......  pinktail triggerfish...  Melichthys vidua.
                                       humuhumu `ele`ele......  black triggerfish......  Melichthys niger.
                                       humuhumu nukunuku        picassofish............  Rhinecanthus aculeatus.
                                        apua`a.
                                                                bridled triggerfish....  Sufflamen fraenatum.
Carangidae (Jacks)...................  akule, hahalu..........  bigeye scad............  Selar crumenophthalmus.
                                       `opelu, `opelu mama....  mackerel scad..........  Decapterus macarellus.
Carcharhinidae (Sharks)..............  man[omacr].............  grey reef shark........  Carcharhinus
                                                                                          amblyrhynchos.
                                       man[omacr].............  galapagos shark........  Carcharhinus
                                                                                          galapagensis.
                                       man[omacr].............  blacktip reef shark....  Carcharhinus
                                                                                          melanopterus.
                                       man[omacr] lalakea.....  whitetip reef shark....  Triaenodon obesus.
Holocentridae (Solderfish/Squirrel-    menpachi, `u`u.........  bigscale soldierfish...  Myripristis berndti.
 fish.
                                       menpachi, `u`u.........  brick soldierfish......  Myripristis amaena.
                                       menpachi, `u`u.........  yellowfin soldierfish..  Myripristis chryseres.
                                       menpachi, `u`u.........  pearly soldierfish.....  Myripristis kuntee.
                                       `ala`ihi...............  file-lined squirrelfish  Sargocentron
                                                                                          microstoma.
                                       `ala`ihi...............  crown squirrelfish.....  Sargocentron diadema.
                                       `ala`ihi...............  peppered squirrelfish..  Sargocentron
                                                                                          punctatissimum.
                                       `ala`ihi...............  blue-lined squirrelfish  Sargocentron tiere.
                                       `ala`ihi...............  hawaiian squirrelfish..  Sargocentron
                                                                                          xantherythrum.
                                       `ala`ihi...............  saber or long jaw        Sargocentron
                                                                 squirrelfish.            spiniferum.
                                       `ala`ihi...............  spotfin squirrelfish...  Neoniphon spp.
Kuhliidae (Flagtails)................  `aholehole.............  Hawaiian flag-tail.....  Kuhlia sandvicensis.
Kyphosidae (Rudderfish)..............  nenue..................  rudderfish.............  Kyphosus biggibus.
                                       nenue..................  rudderfish.............  Kyphosus cinerascens.
                                       nenue..................  rudderfish.............  Kyphosus vaigiensis.
Labridae (Wrasses)...................  `a`awa.................  saddleback hogfish.....  Bodianus bilunulatus.
                                       po`ou..................  ring-tailed wrasse.....  Oxycheilinus
                                                                                          unifasciatus.
                                       laenihi, nabeta........  razor wrasse...........  Xyrichtys pavo.
                                       kupoupou...............  cigar wrasse...........  Cheilio inermis.
                                       ho`u...................  surge wrasse...........  Thalassoma purpureum.
                                                                red ribbon wrasse......  Thalassoma
                                                                                          quinquevittatum.
                                                                sunset wrasse..........  Thalassoma lutescens.
                                                                rockmover wrasse.......  Novaculichthys
                                                                                          taeniourus.
Mullidae (Goatfishes)................  weke...................  yellow goatfish........  Mulloidichthys spp.
                                       weke nono..............  orange goatfish........  Mulloidichthys
                                                                                          pfleugeri.
                                       weke`ula...............  yellowfin goatfish.....  Mulloidichthys
                                                                                          vanicolensis.
                                       weke`a or weke a`a.....  yellowstripe goatfish..  Mulloidichthys
                                                                                          flavolineatus.
                                       kumu, moano............  banded goatfish........  Parupeneus spp.
                                       munu...................  doublebar goatfish.....  Parupeneus bifasciatus.
                                       moano kea, moano kale..  yellowsaddle goatfish..  Parupeneus cyclostomas.
                                       malu...................  side-spot goatfish.....  Parupeneus
                                                                                          pleurostigma.
                                       moano..................  multi-barred goatfish..  Parupeneus
                                                                                          multifaciatus.
                                       weke pueo..............  bandtail goatfish......  Upeneus arge.
Mugilidae (Mullets)..................  `ama`ama...............  stripped mullet........  Mugil cephalus.
                                       uouoa..................  false mullet...........  Neomyxus leuciscus.
 
Muraenidae (Moray eels)..............  puhi paka..............  yellowmargin moray eel.  Gymnothorax
                                                                                          flavimarginatus.
                                       puhi...................  giant moray eel........  Gymnothorax javanicus.

[[Page 60080]]

 
                                       puhi laumilo...........  undulated moray eel....  Gymnothorax undulatus.
                                       puhi...................  dragon eel.............  Enchelycore pardalis.
Octopodidae (Octopus)................  he`e...................  octopus................  Octopus cyanea.
                                       mauli, tako he`e, tako.  octopus................  Octopus ornatus.
Polynemidae..........................  moi....................  threadfin..............  Polydactylus sexfilis.
Priacanthidae (Big-eyes).............  `aweoweo...............  glasseye...............  Heteropriacanthus
                                                                                          cruentatus.
                                       `aweoweo...............  bigeye.................  Priacanthus hamrur.
Scaridae (Parrotfish)................  uhu, palukaluka........  parrotfish.............  Scarus spp.
                                       panuhunuhu.............  stareye parrotfish.....  Calotomus carolinus.
Sphyraenidae (Barracuda).............  kawele`a, kaku.........  Heller's barracuda.....  Sphyraena helleri.
                                       kaku...................  great barracuda........  Sphyraena barracuda.
Turbinidae...........................  .......................  green snails turban      Turbo spp.
                                                                 shells.
Zanclidae............................  kihikihi...............  moorish idol...........  Zanclus cornutus.
Chaetodontidae.......................  kikakapu...............  butterflyfish..........  Chaetodon auriga.
                                       kikakapu...............  raccoon butterflyfish..  Chaetodon lunula.
                                       kikakapu...............  saddleback               Chaetodon ephippium.
                                                                 butterflyfish.
Sabellidae...........................  .......................  featherduster worm.....  .......................
----------------------------------------------------------------------------------------------------------------


              Hawaii--Potentially Harvested Coral Reef Taxa
------------------------------------------------------------------------
         Local name            English common name     Scientific name
------------------------------------------------------------------------
hinalea.....................  wrasses (Those        Labridae.
                               species not listed
                               as CHCRT).
man[omacr]..................  sharks (Those         Carcharhinidae,
                               species not listed    Sphyrnidae.
                               as CHCRT).
hihimanu....................  rays and skates.....  Dasyatididae,
                                                     Myliobatidae.
roi, hapu`upu `u............  groupers, seabass     Serrandiae.
                               (Those species not
                               listed as CHCRT or
                               in BMUS).
                              tilefishes..........  Malacanthidae.
dobe, kagami, pa`opa`o,       jacks and scads       Carangidae.
 papa, omaka, ulua.            (Those species not
                               listed as CHCRT or
                               in BMUS).
`u`u........................  solderfishes and      Holocentridae.
                               squirrelfishes
                               (Those species not
                               listed as CHCRT).
weke, moano, kumu...........  goatfishes (Those     Mullidae.
                               species not listed
                               as CHCRT).
na`ena `e, maikoiko.........  surgeonfishes (Those  Acanthuridae.
                               species not listed
                               as CHCRT).
                              remoras.............  Echeneidae.
puhi........................  eels (Those species   Muraenidae,
                               not listed as         Congridae,
                               CHCRT).               Ophichthidae.
`upapalu....................  cardinalfishes......  Apogonidae.
                              herrings............  Clupeidae.
nehu........................  anchovies...........  Engraulidae.
                              coral crouchers.....  Caracanthidae.
`o`opu......................  gobies..............  Gobiidae.
to`au.......................  snappers (Those       Lutjanidae.
                               species not listed
                               as CHCRT or in
                               BMUS).
nunu........................  trumpetfish.........  Aulostomus
                                                     chinensis.
nunu peke...................  cornetfish..........  Fistularia
                                                     commersoni.
kihikihi....................  moorish Idols.......  Zanclidae.
kikakapu....................  butterflyfishes.....  Chaetodontidae.
                              angelfishes.........  Pomacanthidae.
mamo........................  damselfishes........  Pomacentridae.
nohu, okoze.................  scorpionfishes,       Scorpaenidae.
                               lionfishes.
pa o'o......................  blennies............  Blenniidae.
kaku........................  barracudas (Those     Sphyraenidae.
                               species not listed
                               as CHCRT).
                              sandperches.........  Pinguipedidae.
paki`i......................  flounders and soles.  Bothidae, Soleidae,
                                                     Pleurnectidae.
makukana....................  trunkfishes.........  Ostraciidae.
humu humu...................  trigger fishes        Balistidae.
                               (Those species not
                               listed as CHCRT).
nenue.......................  rudderfishes (Those   Kyphosidae.
                               species not listed
                               as CHCRT).
po`opa`a....................  hawkfishes (Those     Cirrhitidae.
                               species not listed
                               as CHCRT).
`o`opu hue, fugu............  puffer fishes and     Tetradontidae.
                               porcupine fishes.
                              frogfishes..........  Antennariidae.
                              pipefishes and        Syngnathidae.
                               seahorses.
namako, lole, wana..........  sea cucumbers and     Echinoderms.
                               sea urchins.
                              (Those species not    Mollusca.
                               listed as CHCRT).
ko`a........................  ahermatypic corals..  Azooxanthellates.
ko`a........................  mushroom corals.....  Fungiidae.
ko`a........................  small and large       ....................
                               coral polyps.
                              soft corals and
                               gorgonians.
                              anemones............  Actinaria.
                              soft zoanthid corals  Zoanthinaria.
                              hydroid corals......  Solanderidae.
ko`a........................  lace corals.........  Stylasteridae.

[[Page 60081]]

 
ula, a`ama, mo`ala, `alakuma  lobsters, shrimps,    Crustaceans.
                               mantis shrimps,
                               true crabs and
                               hermit crabs (Those
                               species not listed
                               as CMUS).
                                                    Hydrozoans,
                                                     Bryzoans.
                              black-lip pearl       Pinctada
                               oyster.               margaritifera.
                              other clams.........  Other Bivalves.
                              sea squirts.........  Tunicates.
                              sponges.............  Porifera.
tako, he`e..................  octopi..............  Cephalopods.
                              sea snails..........  Gastropoda.
                              sea slugs...........  Opistobranchs.
limu........................  seaweed.............  Algae.
                                                    Live rock.
                              segmented worms       Annelids.
                               (Those species not
                               listed as CHCRT).
------------------------------------------------------------------------

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


Sec.  665.222  Management area.

    The Hawaii coral reef ecosystem management area is as follows:
    (a) The U.S. EEZ around the Hawaiian Archipelago lying to the east 
of 160[deg]50' W. long.
    (b) The inner boundary of the management area is the seaward 
boundary of the State of Hawaii.
    (c) The outer boundary of the management area is the outer boundary 
of the U.S. EEZ.


Sec.  665.223  Relation to other laws.

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


Sec.  665.224  Permits and fees.

    (a) Applicability. Unless otherwise specified in this subpart, 
Sec.  665.13 applies to Hawaii coral reef ecosystem permits.
    (1) Special permit. Any person of the United States fishing for, 
taking or retaining Hawaii coral reef ecosystem MUS must have a special 
permit if they, or a vessel which they operate, is used to fish for 
any:
    (i) Hawaii coral reef ecosystem MUS in low-use MPAs as defined in 
Sec.  665.199;
    (ii) Hawaii Potentially Harvested Coral Reef Taxa in the coral reef 
ecosystem management area; or
    (iii) Hawaii coral reef ecosystem MUS in the coral reef ecosystem 
management area with any gear not specifically allowed in this subpart.
    (2) Transshipment permit. A receiving vessel must be registered for 
use with a transshipment permit if that vessel is used in the Hawaii 
coral reef ecosystem management area to land or transship PHCRT, or any 
Hawaii coral reef ecosystem MUS harvested within low-use MPAs.
    (3) Exceptions. The following persons are not required to have a 
permit under this section:
    (i) Any person issued a permit to fish under any FEP who 
incidentally catches Hawaii coral reef ecosystem MUS while fishing for 
bottomfish management unit species, crustacean management unit species, 
western Pacific pelagic management unit species, precious coral, or 
seamount groundfish.
    (ii) Any person fishing for Hawaii CHCRT outside of an MPA, who 
does not retain any incidentally caught Hawaii PHCRT; and
    (iii) Any person collecting marine organisms for scientific 
research as described in Sec.  665.17, or Sec.  600.745 of this 
chapter.
    (b) Validity. Each permit will be valid for fishing only in the 
fishery management area specified on the permit.
    (c) General requirements. General requirements governing 
application information, issuance, fees, expiration, replacement, 
transfer, alteration, display, sanctions, and appeals for permits are 
contained in Sec.  665.13.
    (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

[[Page 60082]]

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 FEP;
    (D) Estimated ecosystem, habitat, and protected species impacts of 
the proposed activity; and
    (E) Other biological and ecological information relevant to the 
proposal. The applicant will be provided with an opportunity to appear 
in support of the application.
    (iii) Following a review of the Council's recommendation and 
supporting rationale, the Regional Administrator may:
    (A) Concur with the Council's recommendation and, after finding 
that it is consistent with the goals and objectives of the FEP, the 
national standards, the Endangered Species Act, and other applicable 
laws, approve or deny a special permit; or
    (B) Reject the Council's recommendation, in which case, written 
reasons will be provided by the Regional Administrator to the Council 
for the rejection.
    (iv) If the Regional Administrator does not receive a 
recommendation from the Council within 60 days of Council receipt of 
the permit application, the Regional Administrator can make a 
determination of approval or denial independently.
    (v) Within 30 working days after the consultation in paragraph 
(d)(3)(ii) of this section, or as soon as practicable thereafter, NMFS 
will notify the applicant in writing of the decision to grant or deny 
the special permit and, if denied, the reasons for the denial. Grounds 
for denial of a special permit include the following:
    (A) The applicant has failed to disclose material information 
required, or has made false statements as to any material fact, in 
connection with his or her application.
    (B) According to the best scientific information available, the 
directed or incidental catch in the season or location specified under 
the permit would detrimentally affect any coral reef resource or coral 
reef ecosystem in a significant way, including, but not limited to, 
issues related to spawning grounds or seasons, protected species 
interactions, EFH, and habitat areas of particular concern (HAPC).
    (C) Issuance of the special permit would inequitably allocate 
fishing privileges among domestic fishermen or would have economic 
allocation as its sole purpose.
    (D) The method or amount of harvest in the season and/or location 
stated on the permit is considered inappropriate based on previous 
human or natural impacts in the given area.
    (E) NMFS has determined that the maximum number of permits for a 
given area in a given season has been reached and allocating additional 
permits in the same area would be detrimental to the resource.
    (F) The activity proposed under the special permit would create a 
significant enforcement problem.
    (vi) The Regional Administrator may attach conditions to the 
special permit, if it is granted, consistent with the management 
objectives of the FEP, including, but not limited to:
    (A) The maximum amount of each resource that can be harvested and 
landed during the term of the special permit, including trip limits, 
where appropriate.
    (B) The times and places where fishing may be conducted.
    (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 FEP.
    (4) Appeals of permit actions.
    (i) Except as provided in subpart D of 15 CFR part 904, any 
applicant for a permit or a permit holder may appeal the granting, 
denial, conditioning, or suspension of their permit or a permit 
affecting their interests to the Regional Administrator. In order to be 
considered by the Regional Administrator, such appeal must be in 
writing, must state the action(s) appealed, and the reasons therefore, 
and must be submitted within 30 days of the original action(s) by the 
Regional Administrator. The appellant may request an informal hearing 
on the appeal.
    (ii) Upon receipt of an appeal authorized by this section, the 
Regional Administrator will notify the permit applicant, or permit 
holder as appropriate, and will request such additional information in 
such form as will allow action upon the appeal. Upon receipt of 
sufficient information, the Regional Administrator will rule on the 
appeal in accordance with the permit eligibility criteria set forth in 
this section and the FEP, as appropriate, based on information relative 
to the application on file at NMFS and the Council and any additional 
information, the summary record kept of any hearing and the hearing 
officer's recommended decision, if any, and such other considerations 
as deemed appropriate. The Regional Administrator will notify all 
interested persons of the decision, and the reasons therefore, in 
writing, normally within 30 days of the receipt of sufficient 
information, unless additional time is needed for a hearing.
    (iii) If a hearing is requested, or if the Regional Administrator 
determines that one is appropriate, the Regional Administrator may 
grant an informal hearing before a hearing officer designated for that 
purpose after first giving notice of the time, place, and subject 
matter of the hearing in the Federal Register. Such a hearing shall 
normally be held no later than 30 days following publication of the 
notice in the Federal Register, unless the hearing officer extends the 
time for reasons deemed equitable. The appellant, the applicant (if 
different), and, at the discretion of the hearing officer, other 
interested parties, may appear personally and/or be represented by 
counsel at the hearing and submit 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.  665.225  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this chapter and Sec.  665.15 of this part, it is unlawful for any 
person to do any of the following:
    (a) Fish for, take, retain, possess or land any Hawaii coral reef 
ecosystem MUS in any low-use MPA as defined in Sec.  665.199 unless:

[[Page 60083]]

    (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.  665.224; or
    (3) The Hawaii coral reef ecosystem MUS possessed on board the 
vessel originated outside the management area and this can be 
demonstrated through receipts of purchase, invoices, fishing logbooks 
or other documentation.
    (b) Fish for, take, or retain any Hawaii coral reef ecosystem MUS 
species:
    (1) That is determined overfished with subsequent rulemaking by the 
Regional Administrator.
    (2) By means of gear or methods prohibited under Sec.  665.227.
    (3) In a low-use MPA without a valid special permit.
    (4) In violation of any permit issued under Sec. Sec.  665.13 or 
665.224.
    (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.  665.226  Notifications.

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


Sec.  665.227  Allowable gear and gear restrictions.

    (a) Hawaii coral reef ecosystem MUS may be taken only with the 
following allowable gear and methods:
    (1) Hand harvest;
    (2) Spear;
    (3) Slurp gun;
    (4) Hand net/dip net;
    (5) Hoop net for Kona crab;
    (6) Throw net;
    (7) Barrier net;
    (8) Surround/purse net that is attended at all times;
    (9) Hook-and-line (includes handline (powered or not), rod-and-
reel, and trolling);
    (10) Crab and fish traps with vessel ID number affixed; and
    (11) Remote-operating vehicles/submersibles.
    (b) Hawaii coral reef ecosystem MUS may not be taken by means of 
poisons, explosives, or intoxicating substances. Possession or use of 
these materials by any permit holder under this subpart who is 
established to be fishing for Hawaii coral reef ecosystem MUS in the 
Hawaii management area is prohibited.
    (c) Existing FEP fisheries shall follow the allowable gear and 
methods outlined in their respective plans.
    (d) Any person who intends to fish with new gear not included in 
this section must describe the new gear and its method of deployment in 
the special permit application. A decision on the permissibility of 
this gear type will be made by the Regional Administrator after 
consultation with the Council and the director of the affected State 
fishery management agency.


Sec.  665.228  Gear identification.

    (a) The vessel number must be affixed to all fish and crab traps on 
board the vessel or deployed in the water by any vessel or person 
holding a permit under Sec. Sec.  665.13 or 665.224 or that is 
otherwise established to be fishing for Hawaii coral reef ecosystem MUS 
in the Hawaii management area.
    (b) Enforcement action.
    (1) Traps not marked in compliance with paragraph (a) of this 
section and found deployed in the Hawaii coral reef ecosystem 
management area will be considered unclaimed or abandoned property, and 
may be disposed of in any manner considered appropriate by NMFS or an 
authorized officer.
    (2) Unattended surround nets or bait seine nets found deployed in 
the Hawaii coral reef ecosystem management area will be considered 
unclaimed or abandoned property, and may be disposed of in any manner 
considered appropriate by NMFS or an authorized officer.


Sec. Sec.  665.229-665.239  [Reserved]


Sec.  665.240  Hawaii crustacean fisheries. [Reserved]


Sec.  665.241  Definitions.

    As used in Sec. Sec.  665.240 through 665.259:
    Hawaii crustacean management area is divided into the following 
areas:
    (1) Crustacean Permit Area 1 (Permit Area 1) means the EEZ around 
the NWHI.
    (2) Crustacean Permit Area 2 (Permit Area 2) means the EEZ around 
the MHI.
    (3) Crustacean Permit Area 1 VMS Subarea means an area within the 
EEZ around the NWHI 50 nm from the center geographical positions of the 
islands and reefs in the NWHI as follows:

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


The remainder of the VMS subarea is delimited by parallel lines tangent 
to and connecting the 50-nm areas around the following: From Nihoa 
Island to Necker Island; from French Frigate Shoals to Gardner 
Pinnacles; from Gardner Pinnacles to Maro Reef; from Laysan Island to 
Lisianski Island; and from Lisianski Island to Pearl and Hermes Reef.
    Hawaii crustacean management unit species (Hawaii crustacean MUS) 
means the following crustaceans:

----------------------------------------------------------------------------------------------------------------
               Local name                    English common name                   Scientific name
----------------------------------------------------------------------------------------------------------------
ula....................................  spiny lobster.............  Panulirus marginatus, Panulirus
                                                                      penicillatus.

[[Page 60084]]

 
ula papapa.............................  slipper lobster...........  Scyllaridae.
papa`i kua loa.........................  Kona crab.................  Ranina ranina.
                                         deepwater shrimp..........  Heterocarpus spp.
----------------------------------------------------------------------------------------------------------------

    Interested parties means the State of Hawaii Department of Land and 
Natural Resources, the Council, holders of permits issued under Sec.  
665.242, and any person who has notified the Regional Administrator of 
his or her interest in the procedures and decisions described in Sec.  
665.248, and who has specifically requested to be considered an 
``interested party.''
    Lobster grounds refers, singularly or collectively, to the 
following four areas in Crustacean Permit Area 1 that shall be used to 
manage the lobster fishery:
    (1) Necker Island Lobster Grounds--waters bounded by straight lines 
connecting the following coordinates in the order presented: 
24[deg]00[min] N. lat., 165[deg]00[min] W. long.; 24[deg]00[min] N. 
lat., 164[deg]00[min] W. long.; 23[deg]00[min] N. lat., 164[deg]00[min] 
W. long.; and 23[deg]00[min] N. lat., 165[deg]00[min] W. long.
    (2) Gardner Pinnacles Lobster Grounds--waters bounded by straight 
lines connecting the following coordinates in the order presented: 
25[deg]20[min] N. lat., 168[deg]20[min] W. long.; 25[deg]20[min] N. 
lat., 167[deg]40[min] W. long.; 24[deg]20[min] N. lat., 167[deg]40[min] 
W. long.; and 24[deg]20[min] N. lat., 168[deg]20[min] W. long.
    (3) Maro Reef Lobster Grounds--waters bounded by straight lines 
connecting the following coordinates in the order presented: 
25[deg]40[min] N. lat., 171[deg]00[min] W. long.; 25[deg]40[min] N. 
lat., 170[deg]20[min] W. long.; 25[deg]00[min] N. lat., 170[deg]20[min] 
W. long.; and 25[deg]00[min] N. lat., 171[deg]00[min] W. long.
    (4) General NWHI Lobster Grounds--all waters within Crustacean 
Permit Area 1 except for the Necker Island, Gardner Pinnacles, and Maro 
Reef Lobster Grounds.


Sec.  665.242  Permits.

    (a) Applicability.
    (1) The owner of any vessel used to fish for lobster in Permit Area 
1 must have a limited access permit issued for such vessel.
    (2) The owner of any vessel used to fish for lobster in Permit Area 
2 must have a permit issued for such a vessel.
    (3) The owner of any vessel used to fish for deepwater shrimp in 
Crustacean Permit Areas 1 or 2 must have a permit issued for that 
vessel.
    (4) Harvest of Hawaii crustacean MUS within the Northwestern 
Hawaiian Islands Marine National Monument is subject to the 
requirements of 50 CFR part 404.
    (b) General requirements. General requirements governing 
application information, issuance, fees, expiration, replacement, 
transfer, alteration, display, sanctions, and appeals for permits 
issued under this section, as applicable, are contained in Sec.  
665.13.
    (c) Application. An application for a permit required under this 
section will be submitted to PIRO as described in Sec.  665.13. If the 
application for a limited access permit is submitted on behalf of a 
partnership or corporation, the application must be accompanied by a 
supplementary information sheet obtained from PIRO and contain the 
names and mailing addresses of all partners or shareholders and their 
respective percentage of ownership in the partnership or corporation.
    (d) Lobster Limited Access Permit Requirements.
    (1) A lobster limited access permit is valid for fishing only in 
Crustacean Permit Area 1.
    (2) Only one permit will be assigned to any vessel.
    (3) No vessel owner will have permits for a single vessel to 
harvest lobsters in Permit Areas 1 and 2 at the same time.
    (4) A maximum of 15 limited access permits can be valid at any 
time.
    (e) Transfer or sale of limited access permits.
    (1) Permits may be transferred or sold, but no one individual, 
partnership, or corporation will be allowed to hold a whole or partial 
interest in more than one permit, except that an owner who qualifies 
initially for more than one permit may maintain those permits, but may 
not obtain additional permits. Layering of partnerships or corporations 
shall not insulate a permit holder from this requirement.
    (2) If 50 percent or more of the ownership of a limited access 
permit is passed to persons other than those listed on the permit 
application, PIRO must be notified of the change in writing and 
provided copies of the appropriate documents confirming the changes 
within 30 days.
    (3) Upon the transfer or sale of a limited access permit, a new 
application must be submitted by the new permit owner according to the 
requirements of Sec.  665.13. The transferred permit is not valid until 
this process is completed.
    (f) Replacement of a vessel covered by a limited access permit. A 
limited access permit issued under this section may, without limitation 
as to frequency, be transferred by the permit holder to a replacement 
vessel owned by that person.
    (g) Issuance of limited access permits to future applicants.
    (1) The Regional Administrator may issue limited access permits 
under this section when fewer than 15 vessel owners hold active 
permits.
    (2) When the Regional Administrator has determined that limited 
access permits may be issued to new persons, a notice shall be placed 
in the Federal Register, and other means will be used to notify 
prospective applicants of the opportunity to obtain permits under the 
limited access management program.
    (3) A period of 90 days will be provided after publication of the 
Federal Register notice for submission of new applications for a 
limited access permit.
    (4) Limited access permits issued under this paragraph (g) will be 
issued first to applicants qualifying under paragraph (g)(4)(i) of this 
section. If the number of limited access permits available is greater 
than the number of applicants that qualify under paragraph (g)(4)(i) of 
this section, then limited access permits will be issued to applicants 
under paragraph (g)(4)(ii) of this section.
    (i) First priority to receive limited access permits under this 
paragraph (g) goes to owners of vessels that were used to land lobster 
from Permit Area 1 during the period 1983 through 1990, and who were 
excluded from the fishery by implementation of the limited access 
system. If there are insufficient permits for all such applicants, the 
new permits shall be issued by the Regional Administrator through a 
lottery.
    (ii) Second priority to receive limited access permits under 
paragraph (g) goes to owners with the most points, based upon a point 
system. If two or more owners have the same number of points and there 
are insufficient permits for all such owners, the Regional 
Administrator shall issue the permits through a lottery. Under the 
point system, limited access permits will be issued, in descending 
order, beginning with owners who have the most points and proceeding to 
owners who have the least points, based on the following:
    (A) Three points shall be assigned for each calendar year after 
August 8, 1985, that the applicant was the operator of a vessel that 
was used to land lobster from Permit Area 1.

[[Page 60085]]

    (B) Two points shall be assigned for each calendar year or partial 
year after August 8, 1985, that the applicant was the owner, operator, 
or crew member of a vessel engaged in either commercial fishing in 
Permit Area 2 for lobster, or fishing in Permit Area 1 for fish other 
than lobster with an intention to sell all or part of the catch.
    (C) One point shall be assigned for each calendar year or partial 
year after August 8, 1985, that the applicant was the owner, operator, 
or crew member of a vessel engaged in any other commercial fishing in 
the EEZ surrounding Hawaii.
    (5) A holder of a new limited access permit must own at least a 50 
percent share in the vessel that the permit would cover.


Sec.  665.243  Prohibitions.

    In addition to the general prohibitions specified in 50 CFR 600.725 
and Sec.  665.15, it is unlawful for any person to do any of the 
following:
    (a) In Permit Area 1, it is unlawful for any person to--
    (1) Fish for, take, or retain lobsters--
    (i) Without a limited access permit issued under Sec.  665.242.
    (ii) By methods other than lobster traps or by hand for lobsters, 
as specified in Sec.  665.245.
    (iii) From closed areas for lobsters, as specified in Sec.  
665.251.
    (iv) During a closed season, as specified in Sec.  665.250.
    (v) After the closure date, as specified in Sec.  665.252, and 
until the fishery opens again in the following calendar year.
    (vi) In a lobster grounds after closure of that grounds as 
specified in Sec.  665.252(b).
    (2) Fail to report before landing or offloading as specified in 
Sec.  665.244.
    (3) Fail to comply with any protective measures implemented under 
Sec.  665.248.
    (4) Leave a trap unattended in the Hawaii crustacean management 
area except as provided in Sec.  665.245.
    (5) Maintain on board the vessel or in the water more than 1,200 
traps per fishing vessel, of which no more than 1,100 can be assembled 
traps, as specified in Sec.  665.245.
    (6) Land lobsters taken in Permit Area 1 after the closure date, as 
specified in Sec.  665.252, until the fishery opens again the following 
year.
    (7) Refuse to make available to an authorized officer and employee 
of NMFS designated by the Regional Administrator for inspection and 
copying any records that must be made available in accordance with 
Sec.  665.14(g)(2).
    (8) Possess on a fishing vessel that has a limited access permit 
issued under Sec.  665.242 any lobster trap in Crustacean Permit Area 1 
when fishing for lobster is prohibited as specified in Sec. Sec.  
665.248, 665.250(a), or 665.252, or except as allowed under Sec.  
665.245(a)(7).
    (9) Possess on a fishing vessel that has a limited access permit 
issued under this subpart any lobster trap in Crustacean Permit Area 1 
VMS Subarea when fishing for lobsters is prohibited as specified in 
Sec. Sec.  665.248, 665.250(a), or 665.252, except as allowed under 
Sec.  665.245(a)(8).
    (10) Interfere with, tamper with, alter, damage, disable, or impede 
the operation of a VMS unit or to attempt any of the same while engaged 
in the Permit Area 1 fishery; or to move or remove a VMS unit while 
engaged in the Permit Area 1 fishery without first notifying the 
Regional Administrator.
    (11) Make a false statement, oral or written, to the Regional 
Administrator or an authorized officer, regarding the certification, 
use, operation, or maintenance of a VMS unit used in the fishery.
    (12) Fail to allow an authorized officer to inspect and certify a 
VMS unit used in the fishery.
    (13) Possess, on a fishing vessel that has a limited access permit 
issued under this subpart, any lobster trap in a lobster grounds that 
is closed under Sec.  665.252(b), unless the vessel has an operational 
VMS unit, certified by NMFS, on board.
    (b) In Permit Area 2, it is unlawful for any person to--
    (1) Fish for, take, or retain lobsters--
    (i) By methods other than lobster traps or by hand, as specified in 
Sec.  665.245; or
    (ii) During a closed season, as specified in Sec.  665.250(b).
    (2) Retain or possess on a fishing vessel any lobster taken in 
Permit Area 2 that is less than the minimum size specified in Sec.  
665.249.
    (3) Possess on a fishing vessel any lobster or lobster part taken 
in Permit Area 2 in a condition where the lobster is not whole and 
undamaged as specified in Sec.  665.249.
    (4) Retain or possess on a fishing vessel, or remove the eggs from, 
any egg-bearing lobster, as specified in Sec.  665.249.
    (5) Possess on a fishing vessel that has a permit for Permit Area 2 
issued under this subpart any lobster trap in Permit Area 2 when 
fishing for lobster in the MHI is prohibited during the months of May, 
June, July, and August.
    (c) In Crustacean Permit Areas 1 and 2, it is unlawful for any 
person to fish for, take, or retain deepwater shrimp without a permit 
issued under Sec.  665.242.


Sec.  665.244  Notifications.

    (a) The operator of any vessel subject to the requirements of this 
subpart must:
    (1) Report, not less than 24 hours, but not more than 36 hours, 
before landing, the port, the approximate date and the approximate time 
at which spiny and slipper lobsters will be landed.
    (2) Report, not less than 6 hours and not more than 12 hours before 
offloading, the location and time that offloading of spiny and slipper 
lobsters will begin.
    (b) The Regional Administrator will notify permit holders of any 
change in the reporting method and schedule required in paragraph (a) 
of this section at least 30 days prior to the opening of the fishing 
season.


Sec.  665.245  Gear restrictions.

    (a) Permit Area 1.
    (1) Lobsters may be taken only with lobster traps or by hand. 
Lobsters may not be taken by means of poisons, drugs, other chemicals, 
spears, nets, hook, or explosives.
    (2) The smallest opening of an entry way of any lobster trap may 
not allow any sphere or cylinder greater than 6.5 inches (16.5 cm) in 
diameter to pass from outside the trap to inside the trap.
    (3) Each lobster trap must have a minimum of two escape vent panels 
that meet the following requirements:
    (i) Panels must have at least four unobstructed circular holes no 
smaller than 67 mm in diameter, with centers at least 82 mm apart.
    (ii) The lowest part of any opening in an escape vent panel must 
not be more than 85 mm above the floor of the trap.
    (iii) Panels must be placed opposite one another in each trap.
    (4) A vessel fishing for or in possession of lobster in any permit 
area may not have on board the vessel any trap that does not meet the 
requirements of paragraphs (a)(1), (2), and (3) of this section.
    (5) A maximum of 1,200 traps per vessel may be maintained on board 
or in the water, provided that no more than 1,100 assembled traps are 
maintained on board or in the water. If more than 1,100 traps are 
maintained, the unassembled traps may be carried as spares only, in 
order to replace assembled traps that may be lost or become unusable.
    (6) Traps shall not be left unattended in any permit area, except 
in the event of an emergency, in which case the vessel operator must 
notify the SAC of the emergency that necessitated leaving the traps on 
the grounds, and the location and number of the traps, within 24 hours 
after the vessel reaches port.
    (7) A vessel whose owner has a limited access permit issued under 
this

[[Page 60086]]

subpart and has an operating VMS unit certified by NMFS may enter 
Crustacean Permit Area 1 with lobster traps on board on or after June 
25, but must remain outside the Crustacean Permit Area 1 VMS Subarea 
until the NWHI lobster season opens on July 1.
    (8) A vessel whose owner has a limited access permit issued under 
this subpart and has on board an operational VMS unit certified by NMFS 
may transit Crustacean Permit Area 1, including Crustacean Permit Area 
1 VMS Subarea, with lobster traps on board for the purpose of moving to 
another lobster grounds or returning to port following the closure 
date, as specified in Sec.  665.252, providing the vessel does not stop 
or fish and is making steady progress to another lobster grounds or 
back to port as determined by NMFS.
    (9) The operator of a permitted vessel must notify the Regional 
Administrator or an authorized officer no later than June 15 of each 
year if the vessel will use a VMS unit in the fishery and allow for 
inspection and certification of the unit.
    (b) Permit Area 2. Lobsters may be taken only with lobster traps or 
by hand. Lobsters may not be taken by means of poisons, drugs, other 
chemicals, spears, nets, hooks, or explosives.


Sec.  665.246  Gear identification.

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


Sec.  665.247  At-sea observer coverage.

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


Sec.  665.248  Monk seal protective measures.

    (a) General. This section establishes a procedure that will be 
followed if the Regional Administrator receives a report of a monk seal 
death that appears to be related to the lobster fishery in Permit Area 
1.
    (b) Notification. Upon receipt of a report of a monk seal death 
that appears to be related to the lobster fishery, the Regional 
Administrator will notify all interested parties of the facts known 
about the incident. The Regional Administrator will also notify them 
that an investigation is in progress, and that, if the investigation 
reveals a threat of harm to the monk seal population, protective 
measures may be implemented.
    (c) Investigation.
    (1) The Regional Administrator will investigate the incident 
reported and will attempt to:
    (i) Verify that the incident occurred.
    (ii) Determine the extent of the harm to the monk seal population.
    (iii) Determine the probability of a similar incident recurring.
    (iv) Determine details of the incident such as:
    (A) The number of animals involved.
    (B) The cause of the mortality.
    (C) The age and sex of the dead animal(s).
    (D) The relationship of the incident to the reproductive cycle, for 
example, breeding season (March-September), non-breeding season 
(October-February).
    (E) The population estimates or counts of animals at the island 
where the incident occurred.
    (F) Any other relevant information.
    (v) Discover and evaluate any extenuating circumstances.
    (vi) Evaluate any other relevant factors.
    (2) The Regional Administrator will make the results of the 
investigation available to the interested parties and request their 
advice and comments.
    (d) Determination of relationship. The Regional Administrator will 
review and evaluate the results of the investigation and any comments 
received from interested parties. If there is substantial evidence that 
the death of the monk seal was related to the lobster fishery, the 
Regional Administrator will:
    (1) Advise the interested parties of his or her conclusion and the 
facts upon which it is based.
    (2) Request from the interested parties their advice on the 
necessity of protective measures and suggestions for appropriate 
protective measures.
    (e) Determination of response. The Regional Administrator will 
consider all relevant information discovered during the investigation 
or submitted by interested parties in deciding on the appropriate 
response. Protective measures may include, but are not limited to, 
changes in trap design, changes in gear, closures of specific areas, or 
closures for specific periods of time.
    (f) Action by the Regional Administrator. If the Regional 
Administrator decides that protective measures are necessary and 
appropriate, the Regional Administrator will prepare a document that 
describes the incident, the protective measures proposed, and the 
reasons for the protective measures; provide it to the interested 
parties; and request their comments.
    (g) Implementation of protective measures.
    (1) If, after completing the steps described in paragraph (f) of 
this section, the Regional Administrator concludes that protective 
measures are necessary and appropriate, the Regional Administrator will 
recommend the protective measures to the Assistant Administrator and 
provide notice of this recommendation to the Chairman of the Council 
and the Director of the Division of Aquatic Resources, Department of 
Land and Natural Resources, State of Hawaii.
    (2) If the Assistant Administrator concurs with the Regional 
Administrator's recommendation, NMFS will publish an action in the 
Federal Register that includes a description of the incident that 
triggered the procedure described in this section, the protective 
measures, and the reasons for the protective measures.
    (h) Notification of ``no action.'' If, at any point in the process 
described in this section, the Regional Administrator or Assistant 
Administrator decides that no further action is required, the 
interested parties will be notified of this decision.
    (i) Effective dates.
    (1) The protective measures will take effect 10 days after the date 
of publication in the Federal Register.
    (2) The protective measures will remain in effect for the shortest 
of the following time periods:
    (i) Until the Hawaii FEP and this section are amended to respond to 
the problem;
    (ii) Until other action that will respond to the problem is taken 
under the ESA;
    (iii) Until the Assistant Administrator, following the procedures 
set forth in paragraph (j) of this section, decides that the protective 
measures are no longer required and repeals the measures; or
    (iv) For the period of time set forth in the Federal Register 
notification, not to exceed 3 months. The measures may be renewed for 3 
months after again following procedures in paragraphs (b) through (g) 
of this section.
    (j) Repeal.
    (1) If the Assistant Administrator decides that protective measures 
may no longer be necessary for the protection of monk seals, the 
Assistant Administrator will notify the interested parties of this 
preliminary decision and the facts upon which it is based. The 
Assistant Administrator will request advice on the proposed repeal of 
the protective measures.
    (2) The Assistant Administrator will consider all relevant 
information obtained by the Regional Administrator or submitted by 
interested parties in deciding whether to repeal the protective 
measures.

[[Page 60087]]

    (3) If the Assistant Administrator decides to repeal the protective 
measures--
    (i) Interested parties will be notified of the decision; and
    (ii) Notification of repeal and the reasons for the repeal will be 
published in the Federal Register.
    (k) Monk seal emergency protective measures.
    (1) Determination of emergency. If, at any time during the process 
described in paragraphs (a) through (j) of this section, the Regional 
Administrator determines that an emergency exists involving monk seal 
mortality related to the lobster fishery and that measures are needed 
immediately to protect the monk seal population, the Regional 
Administrator will--
    (i) Notify the interested parties of this determination and request 
their immediate advice and comments.
    (ii) Forward a recommendation for emergency action and any advice 
and comments received from interested parties to the Assistant 
Administrator.
    (2) Implementation of emergency measures. If the Assistant 
Administrator agrees with the recommendation for emergency action--
    (i) The Regional Administrator will determine the appropriate 
emergency protective measures.
    (ii) NMFS will publish the emergency protective measures in the 
Federal Register.
    (iii) The Regional Administrator will notify the interested parties 
of the emergency protective measures. Holders of permits to fish in 
Permit Area I will be notified by certified mail. Permit holders that 
the Regional Administrator knows are on the fishing grounds also will 
be notified by radio.
    (3) Effective dates.
    (i) Emergency protective measures are effective against a permit 
holder at 12:01 a.m., local time, of the day following the day the 
permit holder receives actual notice of the measures.
    (ii) Emergency protective measures are effective for 10 days from 
the day following the day the first permit holder is notified of the 
protective measures.
    (iii) Emergency protective measures may be extended for an 
additional 10 days, if necessary, to allow the completion of the 
procedures set out in Sec.  665.252.


Sec.  665.249  Lobster size and condition restrictions in Permit Area 
2.

    (a) Only spiny lobsters with a carapace length of 8.26 cm or 
greater may be retained (see Figure 1 to this part).
    (b) Any lobster with a punctured or mutilated body, or a separated 
carapace and tail, may not be retained.
    (c) A female lobster of any size may not be retained if it is 
carrying eggs externally. Eggs may not be removed from female lobsters.


Sec.  665.250  Closed seasons.

    (a) Lobster fishing is prohibited in Permit Area 1 during the 
months of January through June, inclusive.
    (b) Lobster fishing is prohibited in Permit Area 2 during the 
months of May, June, July, and August.


Sec.  665.251  Closed areas.

    All lobster fishing is prohibited:
    (a) Within 20 nm of Laysan Island.
    (b) Within the EEZ landward of the 10-fathom curve as depicted on 
National Ocean Survey Charts, Numbers 19022, 19019, and 19016.


Sec.  665.252  Harvest limitation program.

    (a) General. Harvest guidelines for the Necker Island Lobster 
Grounds, Gardner Pinnacles Lobster Grounds, Maro Reef Lobster Grounds, 
and General NWHI Lobster Grounds for Permit Area 1 will be set annually 
for the calendar year and shall:
    (1) Apply to the total catch of spiny and slipper lobsters.
    (2) Be expressed in terms of numbers of lobsters.
    (b) Harvest guideline.
    (1) The Regional Administrator shall use information from daily 
lobster catch reports and lobster sales reports from previous years, 
and may use information from research sampling and other sources to 
establish the annual harvest guideline in accordance with the FEP after 
consultation with the Council.
    (2) NMFS shall publish a document indicating the annual harvest 
guideline in the Federal Register by February 28 of each year and shall 
use other means to notify permit holders of the harvest guideline for 
the year.
    (3) The Regional Administrator shall determine, on the basis of the 
information reported to NMFS by the operator of each vessel fishing, 
when the harvest guideline for each lobster ground will be reached.
    (4) Notice of the date when the harvest guideline for a lobster 
ground is expected to be reached and specification of the closure date 
of the lobster grounds will be provided to each permit holder and/or 
operator of each permitted vessel at least 24 hours in advance of the 
closure. After a closure, the harvest of lobster in that lobster ground 
is prohibited, and the possession of lobster traps on board the vessel 
in that lobster ground is prohibited unless allowed under Sec.  
665.245(a)(8).
    (5) With respect to the notification in paragraph (b)(4) of this 
section, NMFS shall provide each permit holder and operator of each 
permitted vessel with the following information, as appropriate:
    (i) Determination of when the overall harvest guideline for 
Crustacean Permit Area 1 will be reached;
    (ii) Closure date after which harvest of lobster or possession of 
lobster traps on board the vessel in a lobster grounds is prohibited;
    (iii) Closure date after which the possession of lobster traps on 
board the vessel in Crustacean Permit Area 1 is prohibited by any 
permitted vessel that is not operating a VMS unit certified by NMFS; 
and
    (iv) Specification of when further landings of lobster will be 
prohibited by permitted vessels not carrying an operational VMS unit, 
certified by NMFS, on board.
    (c) Monitoring and adjustment. The operator of each vessel fishing 
during the open season shall report lobster catch (by species) and 
effort (number of trap hauls) data while at sea to NMFS in Honolulu. 
The Regional Administrator shall notify permit holders of the reporting 
method, schedule, and logistics at least 30 days prior to the opening 
of the fishing season.


Sec. Sec.  665.253-665.259  [Reserved]


Sec.  665.260  Hawaii precious coral fisheries. [Reserved]


Sec.  665.261  Definitions.

    As used in Sec. Sec.  665.260 through 665.270:
    Hawaii precious coral management unit species (Hawaii precious 
coral MUS) means any coral of the genus Corallium in addition to the 
following species of corals:

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

[[Page 60088]]

 
Black coral............................  Antipathes griggi, Antipathes
                                          grandis, Antipathes ulex.
------------------------------------------------------------------------

    Hawaii precious coral permit area means the area encompassing the 
precious coral beds within the EEZ around Hawaii. Each bed is 
designated by a permit area code and assigned to one of the following 
four categories:
    (1) Established beds.
    (i) Makapu'u (Oahu), Permit Area E-B-1, includes the area within a 
radius of 2.0 nm of a point at 21[deg]18.0' N. lat., 157[deg]32.5' W. 
long.
    (ii) Au'au Channel (Maui), Permit Area E-B-2, includes the area 
west and south of a point at 21[deg]10' N. lat., 156[deg]40' W. long., 
and east of a point at 21[deg] N. lat., 157[deg] W. long., and west and 
north of a point at 20[deg]45' N. lat., 156[deg]40' W. long.
    (2) Conditional beds.
    (i) Keahole Point (Hawaii), Permit Area C-B-1, includes the area 
within a radius of 0.5 nm of a point at 19[deg]46.0' N. lat., 
156[deg]06.0' W. long.
    (ii) Kaena Point (Oahu), Permit Area C-B-2, includes the area 
within a radius of 0.5 nm of a point at 21[deg]35.4' N. lat., 
158[deg]22.9' W. long.
    (iii) Brooks Bank, Permit Area C-B-3, includes the area within a 
radius of 2.0 nm of a point at 24[deg]06.0' N. lat., 166[deg]48.0' W. 
long.
    (iv) 180 Fathom Bank, Permit Area C-B-4, N.W. of Kure Atoll, 
includes the area within a radius of 2.0 nm of a point at 28[deg]50.2' 
N. lat., 178[deg]53.4' W. long.
    (3) Refugia. Westpac Bed, Permit Area R-1, includes the area within 
a radius of 2.0 nm of a point at 23[deg]18' N. lat., 162[deg]35' W. 
long.
    (4) Exploratory areas. Permit Area X-P-H includes all coral beds, 
other than established beds, conditional beds, or refugia, in the EEZ 
seaward of the State of Hawaii.


Sec.  665.262  Permits.

    (a) Any vessel of the United States fishing for, taking, or 
retaining Hawaii precious coral MUS in any Hawaiian Archipelago 
precious coral permit area must have a permit issued under Sec.  
665.13.
    (b) Each permit will be valid for fishing only in the permit area 
specified on the permit. Precious Coral Permit Areas are defined in 
Sec.  665.261.
    (c) No more than one permit will be valid for any one vessel at any 
one time.
    (d) No more than one permit will be valid for any one person at any 
one time.
    (e) The holder of a valid permit to fish one permit area may obtain 
a permit to fish another permit area only upon surrendering to the 
Regional Administrator any current permit for the precious coral 
fishery issued under Sec.  665.13.
    (f) General requirements governing application information, 
issuance, fees, expiration, replacement, transfer, alteration, display, 
sanctions, and appeals for permits for the precious coral fishery are 
contained in Sec.  665.13.


Sec.  665.263  Prohibitions.

    In addition to the general prohibitions specified in 50 CFR Sec.  
600.725 and in Sec.  665.15, it is unlawful for any person to:
    (a) Use any vessel to fish for, take, retain, possess or land 
precious coral in any Hawaii precious coral permit area, unless a 
permit has been issued for that vessel and area as specified in Sec.  
665.13 and that permit is on board the vessel.
    (b) Fish for, take, or retain any species of Hawaii precious coral 
MUS in any precious coral permit area:
    (1) By means of gear or methods prohibited by Sec.  665.264.
    (2) In refugia specified in Sec.  665.261.
    (3) In a bed for which the quota specified in Sec.  665.269 has 
been attained.
    (4) In violation of any permit issued under Sec. Sec.  665.13 or 
665.17.
    (5) In a bed that has been closed pursuant to Sec. Sec.  665.268 or 
665.270.
    (c) Take and retain, possess, or land any live pink coral or live 
black coral from any precious coral permit area that is less than the 
minimum height specified in Sec.  665.265 unless:
    (1) A valid EFP was issued under Sec.  665.17 for the vessel and 
the vessel was operating under the terms of the permit; or
    (2) The coral originated outside coral beds listed in this 
paragraph, and this can be demonstrated through receipts of purchase, 
invoices, or other documentation.


Sec.  665.264  Gear restrictions.

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


Sec.  665.265  Size restrictions.

    The height of a live coral specimen shall be determined by a 
straight line measurement taken from its base to its most distal 
extremity. The stem diameter of a living coral specimen shall be 
determined by measuring the greatest diameter of the stem at a point no 
less than 1 inch (2.54 cm) from the top surface of the living holdfast.
    (a) Live pink coral harvested from any precious coral permit area 
must have attained a minimum height of 10 inches (25.4 cm).
    (b) Black coral. Live black coral harvested from any precious coral 
permit area must have attained either a minimum stem diameter of 1 inch 
(2.54 cm), or a minimum height of 48 inches (122 cm).


Sec.  665.266  Area restrictions.

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


Sec.  665.267  Seasons.

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


Sec.  665.268  Closures.

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


Sec.  665.269  Quotas.

    (a) General. The quotas limiting the amount of precious coral that 
may be taken in any precious coral permit area during the fishing year 
are listed in Sec.  665.269(d). Only live coral is counted toward the 
quota. The accounting period for all quotas begins July 1, 1983.
    (b) Conditional bed closure. A conditional bed will be closed to 
all nonselective coral harvesting after the quota for one species of 
coral has been taken.
    (c) Reserves and reserve release. The quotas for exploratory area 
X-P-H will be held in reserve for harvest by vessels of the United 
States in the following manner:
    (1) At the start of the fishing year, the reserve for the Hawaii 
exploratory areas will equal the quota minus the

[[Page 60089]]

estimated domestic annual harvest for that year.
    (2) As soon as practicable after December 31 each year, the 
Regional Administrator will determine the amount harvested by vessels 
of the United States between July 1 and December 31 of the year that 
just ended on December 31.
    (3) NMFS will release to TALFF an amount of Hawaii precious coral 
for each exploratory area equal to the quota minus two times the amount 
harvested by vessels of the United States in that July 1-December 31 
period.
    (4) NMFS will publish in the Federal Register a notification of the 
Regional Administrator's determination and a summary of the information 
on which it is based as soon as practicable after the determination is 
made.
    (d) Quotas for precious coral permit areas.

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

Sec.  665.270  Gold coral harvest moratorium.

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

Subpart D--Mariana Archipelago Fisheries


Sec.  665.398  Management area.

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


Sec.  665.399  Area restrictions.

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


Sec.  665.400  Mariana bottomfish fisheries. [Reserved]


Sec.  665.401  Definitions.

    As used in Sec. Sec.  665.400 through 665.419:
    CNMI commercial bottomfish permit means the permit required by 
Sec.  665.404(a)(2) to engage in commercial fishing for Mariana 
bottomfish MUS in the CNMI management subarea.
    Guam bottomfish permit means the permit required by Sec.  
665.404(a)(1) to use a large vessel to fish for, land, or transship 
Mariana bottomfish MUS shoreward of the outer boundary of the Guam 
subarea of the Mariana fishery management area.
    Mariana bottomfish management unit species (Mariana bottomfish MUS) 
means the following fish:

----------------------------------------------------------------------------------------------------------------
    Local name Chamorro/Carolinian       English common name                     Scientific name
----------------------------------------------------------------------------------------------------------------
lehi/maroobw.........................  red snapper,             Aphareus rutilans.
                                        silvermouth.
gogunafon/aiwe.......................  gray snapper, jobfish..  Aprion virescens.
tarakitu/etam........................  Giant trevally, jack...  Caranx ignobilis.
tarakiton attelong/orong.............  Black trevally, jack...  Caranx lugubris.
gadao/meteyil........................  blacktip grouper.......  Epinephelus fasciatus.
bueli/bwele..........................  lunartail grouper......  Variola louti.
buninas agaga'/falaghal moroobw......  red snapper............  Etelis carbunculus.
abuninas/taighulupegh................  red snapper............  Etelis coruscans.
mafuti/atigh.........................  redgill emperor........  Lethrinus rubrioperculatus.
mafuti/loot..........................  Ambon emperor..........  Lethrinus amboinensis.
funai/saas...........................  blueline snapper.......  Lutjanus kasmira.
buninas/falaghal-maroobw.............  yellowtail snapper.....  Pristipomoides auricilla.
buninas or pakapaka/falaghal-maroobw.  pink snapper...........  Pristipomoides filamentosus.
buninas/falaghal-maroobw.............  yelloweye snapper......  Pristipomoides flavipinnis.
                                       pink snapper...........  Pristipomoides seiboldii.
buninas rayao amariyu/falaghal-        snapper................  Pristipomoides zonatus.
 maroobw.

[[Page 60090]]

 
tarakiton tadong/meseyugh............  amberjack..............  Seriola dumerili.
----------------------------------------------------------------------------------------------------------------

Sec.  665.402  Management subareas.

    The Mariana fishery management area is divided into bottomfish 
management subareas with the following designations and boundaries:
    (a) Guam Management Subarea means the EEZ seaward of the Territory 
of Guam, with the inner boundary defined as a line coterminous with the 
seaward boundary of the Territory of Guam.
    (b) CNMI Management Subarea means the EEZ seaward of the CNMI. The 
CNMI Management Subarea is further divided into subareas with the 
following designations and boundaries:
    (1) CNMI Inshore Area means that portion of the EEZ within 3 
nautical miles from the shoreline of the CNMI.
    (2) CNMI Offshore Area means that portion of the EEZ seaward of 3 
nautical miles from the shoreline of the CNMI.
    (c) The outer boundary of each fishery management area is a line 
drawn in such a manner that each point on it is 200 nautical miles from 
the baseline from which the territorial sea is measured, or is 
coterminous with adjacent international maritime boundaries, except 
that the outer boundary of the CNMI Inshore Area is 3 nautical miles 
from the shoreline. The boundary between the fishery management areas 
of Guam and CNMI extends to those points which are equidistant between 
Guam and the island of Rota in the CNMI. CNMI and Guam management 
subareas are divided by a line intersecting these two points: 148[deg] 
E. long., 12[deg] N. lat., and 142[deg] E. long., 16[deg] N. lat.


Sec.  665.403  Bottomfish fishery area management.

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

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

     (b) CNMI medium and large vessel bottomfish prohibited areas. A 
medium or large vessel of the United States, as defined in Sec.  
665.12, may not be used to fish commercially for Mariana bottomfish MUS 
in the following areas:
    (1) CNMI Southern Islands (Area NM-1). The CNMI Southern Islands 
prohibited area is defined as the waters of the U.S. EEZ surrounding 
CNMI that are enclosed by straight lines connecting the following 
coordinates in the order listed:

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

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

------------------------------------------------------------------------
             Point                     N. lat.             E. long.
------------------------------------------------------------------------
NM-2-A.........................  17[deg]26'           145[deg]40'
NM-2-B.........................  17[deg]46'           145[deg]40'
NM-2-C.........................  17[deg]46'           146[deg]00'
NM-2-D.........................  17[deg]26'           146[deg]00'
NM-2-A.........................  17[deg]26'           145[deg]40'
------------------------------------------------------------------------

Sec.  665.404  Permits.

    (a) Applicability.
    (1) Guam large vessel. The owner of any large vessel used to fish 
for, land, or transship Mariana bottomfish MUS shoreward of the outer 
boundary of the Guam subarea must have a permit issued under this 
section, and the permit must be registered for use with that vessel.
    (2) Commonwealth of the Northern Mariana Islands (CNMI) commercial. 
The owner of any vessel used to commercially fish for, transship, 
receive, or land Mariana bottomfish MUS shoreward of the outer boundary 
of the CNMI management subarea must have a permit issued under this 
section, and the permit must be registered for use with that vessel.
    (b) Submission. An application for a permit required under this 
section must be submitted to PIRO as described in Sec.  665.13.


Sec.  665.405  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this chapter and Sec.  665.15, it is unlawful for any person to do 
any of the following:
    (a) Fish for Mariana bottomfish MUS using gear prohibited under 
Sec.  665.406.
    (b) Use a large vessel that does not have a valid Guam bottomfish 
permit registered for use with that vessel to fish for, land, or 
transship Mariana bottomfish management unit species shoreward of the 
outer boundary of the Guam management subarea of the bottomfish fishery 
management area in violation of Sec.  665.404(a).
    (c) Use a large vessel to fish for Mariana bottomfish MUS within 
the Guam large vessel bottomfish prohibited area, as defined in Sec.  
665.403(a).
    (d) Land or transship, shoreward of the outer boundary of the Guam 
management subarea of the bottomfish fishery management area, Mariana 
bottomfish MUS that were harvested in violation of Sec.  665.405(c).
    (e) Use a vessel to fish commercially for Mariana bottomfish MUS 
shoreward of the outer boundary of the CNMI management subarea without 
a valid CNMI commercial bottomfish permit registered for use with that 
vessel, in violation of Sec.  665.404(a)(2).
    (f) Use a medium or large vessel, as defined in Sec.  665.12, to 
fish for Mariana bottomfish MUS within the CNMI medium and large vessel 
bottomfish prohibited areas, as defined in Sec.  665.403(b).
    (g) Retain, land, possess, sell, or offer for sale, shoreward of 
the outer boundary of the CNMI management subarea, Mariana bottomfish 
MUS that were harvested in violation of Sec.  665.405(f), except that 
Mariana bottomfish MUS that are harvested legally may be transferred to 
a receiving vessel shoreward of the outer boundary of the CNMI medium 
and large vessel bottomfish prohibited area as defined in Sec.  
665.403(b).
    (h) Falsify or fail to make, keep, maintain, or submit a Federal 
logbook as required under Sec.  665.14(b) when using a vessel to engage 
in commercial fishing for Mariana bottomfish MUS shoreward

[[Page 60091]]

of the outer boundary of the CNMI management subarea in violation of 
Sec.  665.14(b).


Sec.  665.406  Gear restrictions.

    (a) Bottom trawls and bottom set gillnets. Fishing for bottomfish 
with bottom trawls and bottom set gillnets is prohibited.
    (b) Possession of gear. Possession of a bottom trawl and bottom set 
gillnet by any vessel having a permit under Sec.  665.404 or otherwise 
established to be fishing for bottomfish in the management subareas is 
prohibited.
    (c) Poisons and explosives. The possession or use of any poisons, 
explosives, or intoxicating substances for the purpose of harvesting 
bottomfish is prohibited.


Sec.  665.407  At-sea observer coverage.

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


Sec. Sec.  665.408-665.419  [Reserved]


Sec.  665.420 Mariana coral reef ecosystem fisheries.  [Reserved]


Sec.  665.421  Definitions.

    As used in Sec. Sec.  665.420 through 665.439:
    Mariana coral reef ecosystem management unit species (Mariana coral 
reef ecosystem MUS) means all of the Currently Harvested Coral Reef 
Taxa and Potentially Harvested Coral Reef Taxa listed in this section 
and which spend the majority of their non-pelagic (post-settlement) 
life stages within waters less than or equal to 50 fathoms in total 
depth.
    Mariana Currently Harvested Coral Reef Taxa:

----------------------------------------------------------------------------------------------------------------
                                    Local name
          Family name               (Chamorro/       English common                 Scientific name
                                   Carolinian)            name
----------------------------------------------------------------------------------------------------------------
Acanthuridae (Surgeonfishes)..  .................  orange-spot        Acanthurus olivaceus.
                                                    surgeonfish.
                                hugupao dangulo/   yellowfin          Acanthurus xanthopterus.
                                 mowagh.            surgeonfish.
                                kichu/limell.....  convict tang.....  Acanthurus triostegus.
                                                   eye-striped        Acanthurus dussumieri.
                                                    surgeonfish.
                                                   blue-lined         Acanthurus nigroris.
                                                    surgeon.
                                                   whitebar           Acanthurus leucopareius.
                                                    surgeonfish.
                                                   whitebar           Acanthurus leucopareius.
                                                    surgeonfish.
                                hiyok/filaang....  blue-banded        Acanthurus lineatus.
                                                    surgeonfish.
                                                   blackstreak        Acanthurus nigricauda.
                                                    surgeonfish.
                                                   whitecheek         Acanthurus nigricans.
                                                    surgeonfish.
                                                   white-spotted      Acanthurus guttatus.
                                                    surgeonfish.
                                                   ringtail           Acanthurus blochii.
                                                    surgeonfish.
                                                   brown surgeonfish  Acanthurus nigrofuscus.
                                                   mimic surgeonfish  Acanthurus pyroferus.
                                                   Yellow tang......  Zebrasoma flavescens.
                                                   striped            Ctenochaetus striatus.
                                                    bristletooth.
                                                   twospot            Ctenochaetus binotatus.
                                                    bristletooth.
                                tataga/igh-        bluespine          Naso unicornus.
                                 falafal.           unicornfish.
                                hangon/bwulaalay.  orangespine        Naso lituratus.
                                                    unicornfish.
                                                   humpnose           Naso tuberosus.
                                                    unicornfish.
                                                   black tongue       Naso hexacanthus.
                                                    unicornfish.
                                                   bignose            Naso vlamingii.
                                                    unicornfish.
                                                   whitemargin        Naso annulatus.
                                                    unicornfish.
                                                   spotted            Naso brevirostris.
                                                    unicornfish.
                                                   humpback           Naso brachycentron.
                                                    unicornfish.
                                                   gray unicornfish.  Naso caesius.
Balistidae (Triggerfishes)....  .................  titan triggerfish  Balistoides viridescens.
                                                   clown triggerfish  Balistoides conspicillum.
                                                   orange striped     Balistapus undulatus.
                                                    triggerfish.
                                                   pinktail           Melichthys vidua.
                                                    triggerfish.
                                                   black triggerfish  Melichthys niger.
                                                   blue triggerfish.  Pseudobalistes fuscus.
                                                   Picassofish......  Rhinecanthus aculeatus.
                                                   wedged             Balistoides rectangulus.
                                                    Picassofish.
                                                   bridled            Sufflamen fraenatus.
                                                    triggerfish.
Carangidae (Jacks)............  atulai/peti......  Bigeye scad......  Selar crumenophthalmus.
                                                   mackerel scad....  Decapterus macarellus.
Carcharhinidae (Sharks).......  .................  grey reef shark..  Carcharhinus amblyrhynchos.
                                                   silvertip shark..  Carcharhinus albimarginatus.
                                                   Galapagos shark..  Carcharhinus galapagensis.
                                                   blacktip reef      Carcharhinus melanopterus.
                                                    shark.
                                                   whitetip reef      Triaenodon obesus.
                                                    shark.
Holocentridae (Solderfish/      saksak/mweel.....  bigscale           Myripristis berndti.
 Squirrel-fish).                                    soldierfish.
                                sagamelon........  bronze             Myripristis adusta.
                                                    soldierfish.
                                sagamelon........  blotcheye          Myripristis murdjan.
                                                    soldierfish.
                                sagamelon........  brick soldierfish  Myripristis amaena.
                                sagamelon........  scarlet            Myripristis pralinia.
                                                    soldierfish.
                                sagamelon........  violet             Myripristis violacea.
                                                    soldierfish.
                                sagamelon........  whitetip           Myripristis vittata.
                                                    soldierfish.
                                sagamelon........  yellowfin          Myripristis chryseres.
                                                    soldierfish.
                                sagamelon........  pearly             Myripristis kuntee.
                                                    soldierfish.
                                sagamelon........  tailspot           Sargocentron caudimaculatum.
                                                    squirrelfish.
                                                   file-lined         Sargocentron microstoma.
                                                    squirrelfish.
                                chalak...........  crown              Sargocentron diadema.
                                                    squirrelfish.

[[Page 60092]]

 
                                sagsag/leet......  blue-lined         Sargocentron tiere.
                                                    squirrelfish.
                                sisiok...........  saber or long jaw  Sargocentron spiniferum.
                                                    squirrelfish.
                                sagsag/leet......  spotfin            Neoniphon spp.
                                                    squirrelfish.
Kuhliidae (Flagtails).........  .................  barred flag-tail.  Kuhlia mugil.
Kyphosidae (Rudderfish).......  guili............  rudderfish.......  Kyphosus biggibus.
                                guili/schpwul....  rudderfish.......  Kyphosus cinerascens.
                                guilen puengi/     rudderfish.......  Kyphosus vaigienses.
                                 reel.
Labridae (Wrasses)............  tangison/maam....  floral wrasse....  Cheilinus chlorourus.
                                tangison/maam....  napoleon wrasse..  Cheilinus undulatus.
                                lalacha mamate/    triple-tail        Cheilinus trilobatus.
                                 porou.             wrasse.
                                                   harlequin          Cheilinus fasciatus.
                                                    tuskfish, red-
                                                    breasted wrasse.
                                                   ring-tailed        Oxycheilinus unifasciatus.
                                                    wrasse.
                                                   razor wrasse.....  Xyrichtys pavo.
                                                   whitepatch wrasse  Xyrichtys aneitensis.
                                                   cigar wrasse.....  Cheilio inermis.
                                                   blackeye thicklip  Hemigymnus melapterus.
                                                   barred thicklip..  Hemigymnus fasciatus.
                                                   three-spot wrasse  Halichoeres trimaculatus.
                                                   checkerboard       Halichoeres hortulanus.
                                                    wrasse.
                                                   weedy surge        Halichoeres margaritacous.
                                                    wrasse.
                                                   three-spot wrasse  Halichoeres trimaculatus.
                                                   surge wrasse.....  Thalassoma purpureum.
                                                   red ribbon wrasse  Thalassoma quinquevittatum.
                                                   sunset wrasse....  Thalassoma lutescens.
                                                   longface wrasse..  Hologynmosus doliatus.
                                                   rockmover wrasse.  Novaculichthys taeniourus.
Mullidae (Goatfishes).........  .................  yellow goatfish..  Mulloidichthys spp.
                                satmoneti/wichigh  yellowfin          Mulloidichthys vanicolensis.
                                                    goatfish.
                                satmoneti (adult)  yellowstripe       Mulloidichthys flaviolineatus.
                                 ti[acute]ao        goatfish.
                                 (juvenile).
                                                   banded goatfish..  Parupeneus spp.
                                satmonetiyo/       dash-dot goatfish  Parupeneus barberinus.
                                 failighi.
                                satmoneti acho/    doublebar          Parupeneus bifasciatus.
                                 sungoongo.         goatfish.
                                                   redspot goatfish.  Parupeneus heptacanthus.
                                satmoneti (adult)  white-lined        Parupeneus ciliatus.
                                 ti[acute]ao        goatfish.
                                 (juvenile).
                                satmoneti (adult)  yellowsaddle       Parupeneus cyclostomas.
                                 ti[acute]ao        goatfish.
                                 (juvenile).
                                satmoneti (adult)  side-spot          Parupeneus pleurostigma.
                                 ti[acute]ao        goatfish.
                                 (juvenile).
                                satmoneti (adult)  multi-barred       Parupeneus multifaciatus.
                                 ti[acute]ao        goatfish.
                                 (juvenile).
                                                   band tail          Upeneus arge.
                                                    goatfish.
Mugilidae (Mullets)...........  laiguan (adult)    striped mullet...  Mugil cephalus.
                                 agues (juvenile).
                                laiguan (adult)    Engel's mullet...  Moolgarda engeli.
                                 agues (juvenile).
                                laiguan (adult)    fringelip mullet.  Crenimugil crenilabis.
                                 agues (juvenile).
Muraenidae (Moray eels).......  .................  yellowmargin       Gymnothorax flavimarginatus.
                                                    moray eel.
                                                   giant moray eel..  Gymnothorax javanicus.
                                                   undulated moray    Gymnothorax undulatus.
                                                    eel.
Octopodidae (Octopus).........  gamsun...........  octopus..........  Octopus cyanea.
                                gamsun...........  octopus..........  Octopus ornatus.
Polynemidae...................  .................  threadfin........  Polydactylus sexfilis.
Pricanthidae (Bigeye).........  .................  glasseye.........  Heteropriacanthus cruentatus.
                                                   Bigeye...........  Priacanthus hamrur.
Scaridae (Parrotfishes).......  atuhong/roow.....  humphead           Bolbometopon muricatum.
                                                    parrotfish.
                                palakse (sm.)      parrotfish.......  Scarus spp.
                                 laggua (lg.).
                                gualafi/oscha....  Pacific longnose   Hipposcarus longiceps.
                                                    parrotfish.
                                palaksin chaguan.  stareye            Calotomus carolinus.
                                                    parrotfish.
Scombridae....................  white tuna/ayul..  dogtooth tuna....  Gymnosarda unicolor.
Siganidae (Rabbitfish)........  hiting/manahok/    forktail           Siganus aregentus.
                                 llegh.             rabbitfish.
                                hiting...........  golden rabbitfish  Siganus guttatus.
                                hiting galagu....  gold-spot          Siganus punctatissimus.
                                                    rabbitfish.
                                                   Randall's          Siganus randalli.
                                                    rabbitfish.
                                hiting/sesyon/     scribbled          Siganus spinus.
                                 palawa.            rabbitfish.
                                hiting...........  vermiculate        Siganus vermiculatus.
                                                    rabbitfish.
Sphyraenidae (Barracuda)......  .................  Heller's           Sphyraena helleri.
                                                    barracuda.
                                                   great barracuda..  Sphyraena barracuda.
Turbinidae (turban/green        aliling pulan/     green snails.....  Turbo spp.
 snails).                        aliling tulompu.
                                                   turban shells....  ..........................................
----------------------------------------------------------------------------------------------------------------


[[Page 60093]]

    Mariana Potentially Harvested Coral Reef Taxa:

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

[[Page 60094]]

 
Segmented worms..............  Annelids.
Live rock....................
------------------------------------------------------------------------

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


Sec.  665.422  Management area.

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


Sec.  665.423  Relation to other laws.

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


Sec.  665.424  Permits and fees.

    (a) Applicability. Unless otherwise specified in this subpart, 
Sec.  665.13 applies to coral reef ecosystem permits.
    (1) Special permit. Any person of the United States fishing for, 
taking or retaining Mariana coral reef ecosystem MUS must have a 
special permit if they, or a vessel which they operate, is used to fish 
for any:
    (i) Mariana coral reef ecosystem MUS in low-use MPAs as defined in 
Sec.  665.399;
    (ii) Mariana Potentially Harvested Coral Reef Taxa in the coral 
reef ecosystem management area; or
    (iii) Mariana Coral reef ecosystem MUS in the Mariana coral reef 
ecosystem management area with any gear not specifically allowed in 
this subpart.
    (2) Transshipment permit. A receiving vessel must be registered for 
use with a transshipment permit if that vessel is used in the Mariana 
coral reef ecosystem management area to land or transship Mariana 
PHCRT, or any Mariana coral reef ecosystem MUS harvested within low-use 
MPAs.
    (3) Exceptions. The following persons are not required to have a 
permit under this section:
    (i) Any person issued a permit to fish under any FEP who 
incidentally catches Mariana coral reef ecosystem MUS while fishing for 
bottomfish management unit species, crustacean management unit species, 
western Pacific pelagic management unit species, precious coral, or 
seamount groundfish.
    (ii) Any person fishing for Mariana CHCRT outside of an MPA, who 
does not retain any incidentally caught Mariana PHCRT.
    (iii) Any person collecting marine organisms for scientific 
research as described in Sec.  665.17, or Sec.  600.745 of this 
chapter.
    (b) Validity. Each permit will be valid for fishing only in the 
fishery management area specified on the permit.
    (c) General requirements. General requirements governing 
application information, issuance, fees, expiration, replacement, 
transfer, alteration, display, sanctions, and appeals for permits are 
contained in Sec.  665.13.
    (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 and completed in writing.
    (3) Issuance.
    (i) If an application contains all of the required information, the 
Regional Administrator will forward copies of the application within 30 
days to the Council, the 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 FEP;
    (D) Estimated ecosystem, habitat, and protected species impacts of 
the proposed activity; and
    (E) Other biological and ecological information relevant to the 
proposal. The applicant will be provided with an opportunity to appear 
in support of the application.
    (iii) Following a review of the Council's recommendation and 
supporting rationale, the Regional Administrator may:
    (A) Concur with the Council's recommendation and, after finding 
that it is consistent with the goals and objectives of the FEP, the 
national standards, the Endangered Species Act, and other applicable 
laws, approve or deny a special permit; or

[[Page 60095]]

    (B) Reject the Council's recommendation, in which case, written 
reasons will be provided by the Regional Administrator to the Council 
for the rejection.
    (iv) If the Regional Administrator does not receive a 
recommendation from the Council within 60 days of Council receipt of 
the permit application, the Regional Administrator can make a 
determination of approval or denial independently.
    (v) Within 30 working days after the consultation in paragraph 
(d)(3)(ii) of this section, or as soon as practicable thereafter, NMFS 
will notify the applicant in writing of the decision to grant or deny 
the special permit and, if denied, the reasons for the denial. Grounds 
for denial of a special permit include the following:
    (A) The applicant has failed to disclose material information 
required, or has made false statements as to any material fact, in 
connection with his or her application.
    (B) According to the best scientific information available, the 
directed or incidental catch in the season or location specified under 
the permit would detrimentally affect any coral reef resource or coral 
reef ecosystem in a significant way, including, but not limited to, 
issues related to spawning grounds or seasons, protected species 
interactions, EFH, and habitat areas of particular concern (HAPC).
    (C) Issuance of the special permit would inequitably allocate 
fishing privileges among domestic fishermen or would have economic 
allocation as its sole purpose.
    (D) The method or amount of harvest in the season and/or location 
stated on the permit is considered inappropriate based on previous 
human or natural impacts in the given area.
    (E) NMFS has determined that the maximum number of permits for a 
given area in a given season has been reached and allocating additional 
permits in the same area would be detrimental to the resource.
    (F) The activity proposed under the special permit would create a 
significant enforcement problem.
    (vi) The Regional Administrator may attach conditions to the 
special permit, if it is granted, consistent with the management 
objectives of the FEP, including, but not limited to:
    (A) The maximum amount of each resource that can be harvested and 
landed during the term of the special permit, including trip limits, 
where appropriate.
    (B) The times and places where fishing may be conducted.
    (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 FEP.
    (4) Appeals of permit actions.
    (i) Except as provided in subpart D of 15 CFR part 904, any 
applicant for a permit or a permit holder may appeal the granting, 
denial, conditioning, or suspension of their permit or a permit 
affecting their interests to the Regional Administrator. In order to be 
considered by the Regional Administrator, such appeal must be in 
writing, must state the action(s) appealed, and the reasons therefore, 
and must be submitted within 30 days of the original action(s) by the 
Regional Administrator. The appellant may request an informal hearing 
on the appeal.
    (ii) Upon receipt of an appeal authorized by this section, the 
Regional Administrator will notify the permit applicant, or permit 
holder as appropriate, and will request such additional information and 
in such form as will allow action upon the appeal. Upon receipt of 
sufficient information, the Regional Administrator will rule on the 
appeal in accordance with the permit eligibility criteria set forth in 
this section and the FEP, as appropriate, based upon information 
relative to the application on file at NMFS and the Council and any 
additional information, the summary record kept of any hearing and the 
hearing officer's recommended decision, if any, and such other 
considerations as deemed appropriate. The Regional Administrator will 
notify all interested persons of the decision, and the reasons 
therefore, in writing, normally within 30 days of the receipt of 
sufficient information, unless additional time is needed for a hearing.
    (iii) If a hearing is requested, or if the Regional Administrator 
determines that one is appropriate, the Regional Administrator may 
grant an informal hearing before a hearing officer designated for that 
purpose after first giving notice of the time, place, and subject 
matter of the hearing in the Federal Register. Such a hearing shall 
normally be held no later than 30 days following publication of the 
notice in the Federal Register, unless the hearing officer extends the 
time for reasons deemed equitable. The appellant, the applicant (if 
different), and, at the discretion of the hearing officer, other 
interested parties, may appear personally and/or be represented by 
counsel at the hearing and submit information and present arguments as 
determined appropriate by the hearing officer. Within 30 days of the 
last day of the hearing, the hearing officer shall recommend in writing 
a decision to the Regional Administrator.
    (iv) The Regional Administrator may adopt the hearing officer's 
recommended decision, in whole or in part, or may reject or modify it. 
In any event, the Regional Administrator will notify interested persons 
of the decision, and the reason(s) therefore, in writing, within 30 
days of receipt of the hearing officer's recommended decision. The 
Regional Administrator's action constitutes final action for the agency 
for the purposes of the Administrative Procedure Act.
    (5) The Regional Administrator may extend, for good cause, any time 
limit prescribed in this section for a period not to exceed 30 days, 
either upon his or her own motion or upon written request from the 
Council, appellant or applicant stating the reason(s) therefore.


Sec.  665.425  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this chapter and Sec.  665.15 of this part, it is unlawful for any 
person to do any of the following:
    (a) Fish for, take, retain, possess or land any Mariana coral reef 
ecosystem MUS in any low-use MPA as defined in Sec.  665.399 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.  665.424 of this 
part; or
    (3) The Mariana coral reef ecosystem MUS possessed on board the 
vessel originated outside the management area and this can be 
demonstrated through receipts of purchase, invoices, fishing logbooks 
or other documentation.
    (b) Fish for, take, or retain any Mariana 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.  665.427.
    (3) In a low-use MPA without a valid special permit.
    (4) In violation of any permit issued under Sec. Sec.  665.13 or 
665.424.
    (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.

[[Page 60096]]

Sec.  665.426  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 Mariana 
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.  665.427  Allowable gear and gear restrictions.

    (a) Mariana 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) Mariana 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 Mariana coral reef ecosystem MUS in the 
management area is prohibited.
    (c) Existing FEP fisheries shall follow the allowable gear and 
methods outlined in their respective plans.
    (d) Any person who intends to fish with new gear not included in 
this section must describe the new gear and its method of deployment in 
the special permit application. A decision on the permissibility of 
this gear type will be made by the Regional Administrator after 
consultation with the Council and the director of the affected State 
fishery management agency.


Sec.  665.428  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. Sec.  665.13 or 665.424 or that is 
otherwise established to be fishing for Mariana coral reef ecosystem 
MUS in the management area.
    (b) Enforcement action.
    (1) Traps not marked in compliance with paragraph (a) of this 
section and found deployed in the coral reef ecosystem management area 
will be considered unclaimed or abandoned property, and may be disposed 
of in any manner considered appropriate by NMFS or an authorized 
officer.
    (2) Unattended surround nets or bait seine nets found deployed in 
the coral reef ecosystem management area will be considered unclaimed 
or abandoned property, and may be disposed of in any manner considered 
appropriate by NMFS or an authorized officer.


Sec. Sec.  665.429-665.439  [Reserved]


Sec.  665.440  Mariana crustacean fisheries. [Reserved]


Sec.  665.441  Definitions.

    As used in Sec. Sec.  665.440 through 665.459:
    Crustacean Permit Area 5 (Permit Area 5) means the EEZ around Guam 
and the EEZ seaward of points 3 nautical miles from the shoreline of 
the CNMI.
    Mariana crustacean management unit species means the following 
crustaceans:

----------------------------------------------------------------------------------------------------------------
               Local name                    English common name                   Scientific name
----------------------------------------------------------------------------------------------------------------
Mahonggang.............................  spiny lobster.............  Panulirus marginatus, Panulirus
                                                                      penicillatus.
pa'pangpang............................  slipper lobster...........  Scyllaridae.
                                         Kona crab.................  Ranina ranina.
                                         deepwater shrimp..........  Heterocarpus spp.
----------------------------------------------------------------------------------------------------------------

Sec.  665.442  Permits.

    (a) Applicability.
    (1) The owner of any vessel used to fish for lobster in Permit Area 
3, must have a permit issued for such a vessel.
    (2) The owner of any vessel used to fish for deepwater shrimp in 
Crustacean Permit Area 5 must have a permit issued for that vessel.
    (b) General requirements. General requirements governing 
application information, issuance, fees, expiration, replacement, 
transfer, alteration, display, sanctions, and appeals for permits 
issued under this section, as applicable, are contained in Sec.  
665.13.
    (c) Application. An application for a permit required under this 
section shall be submitted to PIRO as described in Sec.  665.13. If the 
application for a limited access permit is submitted on behalf of a 
partnership or corporation, the application must be accompanied by a 
supplementary information sheet obtained from PIRO and contain the 
names and mailing addresses of all partners or shareholders and their 
respective percentage of ownership in the partnership or corporation.


Sec.  665.443  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this chapter and Sec.  665.15, it is unlawful for any person in 
Crustacean Permit Area 5 to fish for, take, or retain deepwater shrimp 
without a permit issued under Sec.  665.442.


Sec.  665.444  Notifications.

    (a) The operator of any vessel subject to the requirements of this 
subpart must:
    (1) Report, not less than 24 hours, but not more than 36 hours, 
before landing, the port, the approximate date and the approximate time 
at which spiny and slipper lobsters will be landed.
    (2) Report, not less than 6 hours and not more than 12 hours before 
offloading, the location and time that offloading of spiny and slipper 
lobsters will begin.
    (b) The Regional Administrator will notify permit holders of any 
change in the reporting method and schedule required in paragraphs 
(a)(1) and (2) of this section at least 30 days prior to the opening of 
the fishing season.


Sec.  665.445  At-sea observer coverage.

    All fishing vessels subject to Sec. Sec.  665.440 through 665.445 
and subpart A of this part must carry an observer when requested to do 
so by the Regional Administrator.


Sec. Sec.  665.446-665.459  [Reserved]


Sec.  665.460  Mariana precious coral fisheries. [Reserved]


Sec.  665.461  Definitions.

    Mariana precious coral management unit species means any coral of 
the genus Corallium in addition to the following species of corals:

------------------------------------------------------------------------
          English common name                    Scientific name
------------------------------------------------------------------------
Pink coral (also known as red coral)...  Corallium secundum, Corallium
                                          regale, Corallium laauense.

[[Page 60097]]

 
Gold coral.............................  Gerardia spp., Callogorgia
                                          gilberti, Narella spp.,
                                          Calyptrophora spp.
Bamboo coral...........................  Lepidisis olapa, Acanella spp.
Black coral............................  Antipathes dichotoma,
                                          Antipathes grandis, Antipathes
                                          ulex.
------------------------------------------------------------------------

    Mariana precious coral permit area means the area encompassing the 
precious coral beds within the EEZ around the Mariana Archipelago. Each 
bed is designated by a permit area code and assigned to one of the 
following four categories:
    (1) Established beds. [Reserved]
    (2) Conditional beds. [Reserved]
    (3) Refugia. [Reserved]
    (4) Exploratory Area.
    (i) Permit Area X-P-G includes all coral beds, other than 
established beds, conditional beds, or refugia, in the EEZ seaward of 
Guam.
    (ii) Permit Area X-P-CNMI includes all coral beds, other than 
established beds, conditional beds, or refugia, in the EEZ seaward of 
points 3 nautical miles from the shoreline of the CNMI.


Sec.  665.462  Permits.

    (a) Any vessel of the United States fishing for, taking, or 
retaining Mariana precious coral MUS in any Mariana Archipelago 
precious coral permit area must have a permit issued under Sec.  
665.13.
    (b) Each permit will be valid for fishing only in the permit area 
specified on the permit. Precious Coral Permit Areas are defined in 
Sec.  665.461.
    (c) No more than one permit will be valid for any one vessel at any 
one time.
    (d) No more than one permit will be valid for any one person at any 
one time.
    (e) The holder of a valid permit to fish one permit area may obtain 
a permit to fish another permit area only upon surrendering to the 
Regional Administrator any current permit for the precious coral 
fishery issued under Sec.  665.13.
    (f) General requirements governing application information, 
issuance, fees, expiration, replacement, transfer, alteration, display, 
sanctions, and appeals for permits for the precious coral fishery are 
contained in Sec.  665.13.


Sec.  665.463  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this chapter and in Sec.  665.15, it is unlawful for any person to:
    (a) Use any vessel to fish for, take, retain, possess or land 
Mariana precious coral MUS in any Mariana precious coral permit area, 
unless a permit has been issued for that vessel and area as specified 
in Sec.  665.13 and that permit is on board the vessel.
    (b) Fish for, take, or retain any species of Mariana precious coral 
MUS in any Mariana precious coral permit area:
    (1) By means of gear or methods prohibited by Sec.  665.464.
    (2) In refugia specified in Sec.  665.461.
    (3) In a bed for which the quota specified in Sec.  665.467 has 
been attained.
    (4) In violation of any permit issued under Sec. Sec.  665.13 or 
665.17.
    (5) In a bed that has been closed pursuant to Sec. Sec.  665.466 or 
665.469.
    (c) Take and retain, possess, or land any live pink coral or live 
black coral from any precious coral permit area that is less than the 
minimum height specified in Sec.  665.465 unless:
    (1) A valid EFP was issued under Sec.  665.17 for the vessel and 
the vessel was operating under the terms of the permit; or
    (2) The coral originated outside coral beds listed in this 
paragraph, and this can be demonstrated through receipts of purchase, 
invoices, or other documentation.


Sec.  665.464  Gear restrictions.

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


Sec.  665.465  Size restrictions.

    The height of a live coral specimen shall be determined by a 
straight line measurement taken from its base to its most distal 
extremity. The stem diameter of a living coral specimen shall be 
determined by measuring the greatest diameter of the stem at a point no 
less than 1 inch (2.54 cm) from the top surface of the living holdfast.
    (a) Live pink coral harvested from any precious coral permit area 
must have attained a minimum height of 10 inches (25.4 cm).
    (b) Black coral. Live black coral harvested from any precious coral 
permit area must have attained either a minimum stem diameter of 1 inch 
(2.54 cm), or a minimum height of 48 inches (122 cm).


Sec.  665.466  Closures.

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


Sec.  665.467  Quotas.

    (a) General. The quotas limiting the amount of precious coral that 
may be taken in any precious coral permit area during the fishing year 
are listed in Sec.  665.467(d). Only live coral is counted toward the 
quota. The accounting period for all quotas begins July 1, 1983.
    (b) Conditional bed closure. A conditional bed will be closed to 
all nonselective coral harvesting after the quota for one species of 
coral has been taken.
    (c) Reserves and reserve release. The quotas for exploratory areas 
X-P-G and X-P-CNMI will be held in reserve for harvest by vessels of 
the United States in the following manner:
    (1) At the start of the fishing year, the reserve for the Guam and 
CNMI exploratory areas will equal the quota minus the estimated 
domestic annual harvest for that year.
    (2) As soon as practicable after December 31 each year, the 
Regional Administrator will determine the amount harvested by vessels 
of the United States between July 1 and December 31 of the year that 
just ended on December 31.
    (3) NMFS will release to TALFF an amount of precious coral for each 
exploratory area equal to the quota minus two times the amount 
harvested by vessels of the United States in that July 1-December 31 
period.
    (4) NMFS will publish in the Federal Register a notification of the 
Regional Administrator's determination and a summary of the information 
on which it is based as soon as practicable after the determination is 
made.
    (d) The Guam and CNMI exploratory permit areas, X-P-GU and X-P-
CNMI, each have annual quotas of 1,000 kg for all precious coral 
management unit species combined with the exception of black corals.


Sec.  665.468  Seasons.

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


Sec.  665.469  Gold coral harvest moratorium.

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

Subpart E--Pacific Remote Island Area Fisheries


Sec.  665.598  Management area.

    The PRIA fishery management area is the EEZ seaward of Palmyra 
Atoll,

[[Page 60098]]

Kingman Reef, Jarvis Island, Baker Island, Howland Island, Johnston 
Atoll, and Wake Island, Pacific Remote Island Areas with the inner 
boundary a line coterminous with the seaward boundaries of the above 
atolls, reefs and islands PRIA and the outer boundary a line drawn in 
such a manner that each point on it is 200 nautical miles from the 
baseline from which the territorial sea is measured, or is coterminous 
with adjacent international maritime boundaries.


Sec.  665.599  Area restrictions.

    (a) Fishing is prohibited in all no-take MPAs. The following U.S. 
EEZ waters are no-take MPAs: 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.
    (b) Low-use MPAs. The following U.S. EEZ waters in the Western 
Pacific Region are low-use MPAs: 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.


Sec.  665.600  PRIA bottomfish fisheries. [Reserved]


Sec.  665.601  Definitions.

    As used in Sec. Sec.  665.600 through 665.619:
    PRIA bottomfish fishing permit means the permit required by Sec.  
665.603 to use a vessel to fish for PRIA bottomfish management unit 
species in the EEZ around the PRIA, or to land bottomfish MUS shoreward 
of the outer boundary of the EEZ around the PRIA, with the exception of 
EEZ waters around Midway Atoll.
    PRIA bottomfish management unit species (PRIA bottomfish MUS) means 
the following fish:

------------------------------------------------------------------------
          English common name                    Scientific name
------------------------------------------------------------------------
Silver jaw jobfish.....................  Aphareus rutilans
Giant trevally.........................  Caranx ignobilis
Black jack.............................  Caranx lugubris
Blacktip grouper.......................  Epinephelus fasciatus
Sea bass...............................  Epinephelus quernus
Red snapper............................  Etelis carbunculus
Longtail snapper.......................  Etelis coruscans
Redgill emperor........................  Lethrinus rubrioperculatus
Yellowtail snapper.....................  Pristipomoides auricilla
Pink snapper...........................  Pristipomoides filamentosus
Pink snapper...........................  Pristipomoides seiboldii
Lunartail, lyretail grouper............  Variola louti
------------------------------------------------------------------------

Sec.  665.602  [Reserved]


Sec.  665.603  Permits.

    (a) Applicability. PRIA. The owner of any vessel used to fish for, 
land, or transship PRIA bottomfish MUS shoreward of the outer boundary 
of the PRIA subarea must have a permit issued under this section, and 
the permit must be registered for use with that vessel.
    (b) Submission. An application for a permit required under this 
section must be submitted to PIRO as described in Sec.  665.13.


Sec.  665.604  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this chapter and Sec.  665.16, it is unlawful for any person to do 
any of the following:
    (a) Fish for PRIA bottomfish MUS using gear prohibited under Sec.  
665.605.
    (b) Fish for, or retain on board a vessel, PRIA bottomfish MUS in 
the PRIA without the appropriate permit registered for use with that 
vessel issued under Sec.  665.13.
    (c) Falsify or fail to make or file all reports of PRIA bottomfish 
MUS landings taken in the PRIA, containing all data in the exact 
manner, as specified in Sec.  665.14(b).


Sec.  665.605  Gear restrictions.

    (a) Bottom trawls and bottom set gillnets. Fishing for PRIA 
bottomfish MUS with bottom trawls and bottom set gillnets is 
prohibited.
    (b) Possession of gear. Possession of a bottom trawl and bottom set 
gillnet by any vessel having a permit under Sec.  665.603 or otherwise 
established to be fishing for PRIA bottomfish MUS in the PRIA fishery 
management area is prohibited.
    (c) Poisons and explosives. The possession or use of any poisons, 
explosives, or intoxicating substances for the purpose of harvesting 
PRIA bottomfish is prohibited.


Sec.  665.606  At-sea observer coverage.

    All fishing vessels subject to Sec. Sec.  665.600 through 665.606 
must carry an observer when directed to do so by the Regional 
Administrator.


Sec. Sec.  665.607-665.619  [Reserved]


Sec.  665.620  PRIA coral reef ecosystem fisheries. [Reserved]


Sec.  665.621  Definitions.

    As used in Sec. Sec.  665.620 through 665.639:
    PRIA coral reef ecosystem management unit species (PRIA coral reef 
ecosystem MUS) means all of the Currently Harvested Coral Reef Taxa and 
Potentially Harvested Coral Reef Taxa listed in this section and which 
spend the majority of their non-pelagic (post-settlement) life stages 
within waters less than or equal to 50 fathoms in total depth.
    PRIA Currently Harvested Coral Reef Taxa:

----------------------------------------------------------------------------------------------------------------
             Family name                 English 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.

[[Page 60099]]

 
                                       blackstreak surgeonfish  Acanthurus nigricauda.
                                       whitecheek surgeonfish.  Acanthurus nigricans.
                                       white-spotted            Acanthurus guttatus.
                                        surgeonfish.
                                       Ringtail surgeonfish...  Acanthurus blochii.
                                       brown surgeonfish......  Acanthurus nigrofuscus.
                                       yellow-eyed surgeonfish  Ctenochaetus strigosus.
                                       striped bristletooth...  Ctenochaetus striatus.
                                       twospot bristletooth...  Ctenochaetus binotatus.
                                       yellow tang............  Zebrasoma flavescens.
                                       bluespine unicornfish..  Naso unicornus.
                                       orangespine unicornfish  Naso lituratus.
                                       black tongue             Naso hexacanthus.
                                        unicornfish.
                                       bignose unicornfish....  Naso vlamingii.
                                       whitemargin unicornfish  Naso annulatus.
                                       spotted unicornfish....  Naso brevirostris.
Labridae (Wrasses)...................  Napoleon wrasse........  Cheilinus undulatus.
                                       triple-tail wrasse.....  Cheilinus trilobatus.
                                       floral wrasse..........  Cheilinus chlorourus.
                                       ring-tailed wrasse.....  Oxycheilinus unifasciatus.
                                       bandcheek wrasse.......  Oxycheilinus diagrammus.
                                       barred thicklip........  Hemigymnus fasciatus.
                                       three-spot wrasse......  Halichoeres trimaculatus.
                                       red ribbon wrasse......  Thalassoma quinquevittatum.
                                       sunset wrasse..........  Thalassoma lutescens.
Mullidae (Goatfishes)................  yellow goatfish........  Mulloidichthys spp.
                                       orange goatfish........  Mulloidichthys pfleugeri.
                                       yellowstripe goatfish..  Mulloidichthys flavolineatus.
                                       banded goatfish........  Parupeneus spp.
Mullidae (Goatfishes)................  dash-dot goatfish......  Parupeneus barberinus.
                                       yellowsaddle goatfish..  Parupeneus cyclostomas.
                                       multi-barred goatfish..  Parupeneus multifaciatus.
                                       bantail goatfish.......  Upeneus arge.
Mugilidae (Mullets)..................  fringelip mullet.......  Crenimugil crenilabis.
                                       engel's mullet.........  Moolgarda engeli.
                                       false mullet...........  Neomyxus leuciscus.
Muraenidae (Moray eels)..............  yellowmargin moray eel.  Gymnothorax flavimarginatus.
                                       giant moray eel........  Gymnothorax javanicus.
                                       undulated moray eel....  Gymnothorax undulatus.
Octopodidae..........................  Octopus................  Octopus cyanea.
                                       Octopus................  Octopus ornatus.
Pricanthidae (Bigeye)................  Glasseye...............  Heteropriacanthus cruentatus.
Scaridae (Parrotfishes)..............  Humphead parrotfish....  Bolbometopon muricatum.
                                       parrotfish.............  Scarus spp.
                                       pacific longnose         Hipposcarus longiceps.
                                        parrotfish.
                                       stareye parrotfish.....  Calotomus carolinus.
Scombridae...........................  Dogtooth tuna..........  Gymnosarda unicolor.
Sphyraenidae (Barracuda).............  great barracuda........  Sphyraena barracuda.
----------------------------------------------------------------------------------------------------------------

    PRIA Potentially Harvested Coral Reef Taxa:

------------------------------------------------------------------------
            English common name                    Scientific name
------------------------------------------------------------------------
wrasses (Those species not listed as        Labridae.
 CHCRT).
sharks (Those species not listed as CHCRT)  Carcharhinidae, Sphyrnidae.
rays and skates...........................  Myliobatidae, Mobulidae.
groupers (Those species not listed as       Serrandiae.
 CHCRT or as BMUS).
jacks and scads (Those species not listed   Carangidae.
 as CHCRT or as BMUS).
solderfishes and squirrelfishes (Those      Holocentridae.
 species not listed as CHCRT).
goatfishes (Those species not listed as     Mullidae.
 CHCRT).
Batfishes.................................  Ephippidae.
Sweetlips.................................  Haemulidae.
Remoras...................................  Echeneidae.
Tilefishes................................  Malacanthidae.
Dottybacks................................  Pseudochromidae.
Prettyfins................................  Plesiopidae.
surgeonfishes (Those species not listed as  Acanthuridae.
 CHCRT).
emperors (Those species not listed as       Lethrinidae.
 CHCRT or as BMUS).
Herrings..................................  Clupeidae.
Gobies....................................  Gobiidae.
snappers (Those species not listed as       Lutjanidae.
 CHCRT or as BMUS).
trigger fishes (Those species not listed    Balistidae.
 as CHCRT).

[[Page 60100]]

 
rabbitfishes (Those species not listed as   Siganidae.
 CHCRT).
eels (Those species not listed as CHCRT)..  Muraenidae, Chlopsidae,
                                             Congridae, Ophichthidae.
Cardinalfishes............................  Apogonidae.
moorish idols.............................  Zanclidae.
butterfly fishes..........................  Chaetodontidae.
Angelfishes...............................  Pomacanthidae.
Damselfishes..............................  Pomacentridae.
Scorpionfishes............................  Scorpaenidae.
Blennies..................................  Blenniidae.
barracudas (Those species not listed as     Sphyraenidae.
 CHCRT).
Sandperches...............................  Pinguipedidae.
rudderfishes (Those species not listed as   Kyphosidae.
 CHCRT).
Fusiliers.................................  Caesionidae.
hawkfishes (Those species not listed as     Cirrhitidae.
 CHCRT).
Frogfishes................................  Antennariidae.
pipefishes, seahorses.....................  Syngnathidae.
flounders, soles..........................  Bothidae.
Trunkfishes...............................  Ostraciidae.
puffer fishes, porcupine fishes...........  Tetradontidae.
Trumpetfish...............................  Aulostomus chinensis.
Cornetfish................................  Fistularia commersoni.
blue corals...............................  Heliopora.
organpipe corals..........................  Tubipora.
ahermatypic corals........................  Azooxanthellates.
mushroom corals...........................  Fungiidae.
small and large coral polyps                ............................
fire corals...............................  Millepora.
soft corals, gorgonians                     ............................
Anemones..................................  Actinaria.
soft zoanthid corals......................  Zoanthinaria.
                                            Hydrozoans, Bryzoans.
sea squirts...............................  Tunicates.
sea cucumbers and sea urchins.............  Echinoderms.
Those species not listed as CHCRT.........  Mollusca.
sea snails................................  Gastropoda.
                                            Trochus.
sea slugs.................................  Opistobranchs.
black lipped pearl oyster.................  Pinctada margaritifera.
giant clam................................  Tridacnidae.
other clams...............................  Other Bivalves.
                                            Cephalopods.
lobsters, shrimps/mantis shrimps, true      Crustaceans.
 crabs and hermit crabs (Those species not
 listed as CMUS).
Sponges...................................  Porifera.
lace corals...............................  Stylasteridae.
hydroid corals............................  Solanderidae.
segmented worms...........................  Annelids.
Seaweed...................................  Algae.
Live rock                                   ............................
All other PRIA coral reef ecosystem MUS
 that are marine plants, invertebrates,
 and fishes that are not listed in the
 PRIA CHCRT table or are not PRIA
 bottomfish, crustacean, precious coral,
 or western Pacific pelagic MUS.
------------------------------------------------------------------------

Sec.  665.622  [Reserved]


Sec.  665.623  Relation to other laws.

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


Sec.  665.624  Permits and fees.

    (a) Applicability. Unless otherwise specified in this subpart, 
Sec.  665.13 applies to coral reef ecosystem permits.
    (1) Special permit. Any person of the United States fishing for, 
taking or retaining PRIA coral reef ecosystem MUS must have a special 
permit if they, or a vessel which they operate, is used to fish for 
any:
    (i) PRIA Coral reef ecosystem MUS in low-use MPAs as defined in 
Sec.  665.599;
    (ii) PRIA Potentially Harvested Coral Reef Taxa in the PRIA coral 
reef ecosystem management area; or
    (iii) PRIA Coral reef ecosystem MUS in the PRIA coral reef 
ecosystem management area with any gear not specifically allowed in 
this subpart.
    (2) Transshipment permit. A receiving vessel must be registered for 
use with a transshipment permit if that vessel is used in the PRIA 
coral reef ecosystem management area to land or transship PRIA PHCRT, 
or any PRIA coral reef ecosystem MUS harvested within low-use MPAs.
    (3) Exceptions. The following persons are not required to have a 
permit under this section:
    (i) Any person issued a permit to fish under any FEP who 
incidentally catches PRIA coral reef ecosystem MUS while fishing for 
bottomfish management unit

[[Page 60101]]

species, crustacean management unit species, western Pacific pelagic 
management unit species, precious coral, or seamount groundfish.
    (ii) Any person fishing for PRIA CHCRT outside of an MPA, who does 
not retain any incidentally caught PRIA PHCRT.
    (iii) Any person collecting marine organisms for scientific 
research as described in Sec.  665.17, or Sec.  600.745 of this 
chapter.
    (b) Validity. Each permit will be valid for fishing only in the 
fishery management area specified on the permit.
    (c) General requirements. General requirements governing 
application information, issuance, fees, expiration, replacement, 
transfer, alteration, display, sanctions, and appeals for permits are 
contained in Sec.  665.13.
    (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 and completed in writing.
    (3) Issuance.
    (i) If an application contains all of the required information, the 
Regional Administrator will forward copies of the application within 30 
days to the Council, the 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 FEP;
    (D) Estimated ecosystem, habitat, and protected species impacts of 
the proposed activity; and
    (E) Other biological and ecological information relevant to the 
proposal. The applicant will be provided with an opportunity to appear 
in support of the application.
    (iii) Following a review of the Council's recommendation and 
supporting rationale, the Regional Administrator may:
    (A) Concur with the Council's recommendation and, after finding 
that it is consistent with the goals and objectives of the FEP, the 
national standards, the Endangered Species Act, and other applicable 
laws, approve or deny a special permit; or
    (B) Reject the Council's recommendation, in which case, written 
reasons will be provided by the Regional Administrator to the Council 
for the rejection.
    (iv) If the Regional Administrator does not receive a 
recommendation from the Council within 60 days of Council receipt of 
the permit application, the Regional Administrator can make a 
determination of approval or denial independently.
    (v) Within 30 working days after the consultation in paragraph 
(d)(3)(ii) of this section, or as soon as practicable thereafter, NMFS 
will notify the applicant in writing of the decision to grant or deny 
the special permit and, if denied, the reasons for the denial. Grounds 
for denial of a special permit include the following:
    (A) The applicant has failed to disclose material information 
required, or has made false statements as to any material fact, in 
connection with his or her application.
    (B) According to the best scientific information available, the 
directed or incidental catch in the season or location specified under 
the permit would detrimentally affect any coral reef resource or coral 
reef ecosystem in a significant way, including, but not limited to 
issues related to, spawning grounds or seasons, protected species 
interactions, EFH, and habitat areas of particular concern (HAPC).
    (C) Issuance of the special permit would inequitably allocate 
fishing privileges among domestic fishermen or would have economic 
allocation as its sole purpose.
    (D) The method or amount of harvest in the season and/or location 
stated on the permit is considered inappropriate based on previous 
human or natural impacts in the given area.
    (E) NMFS has determined that the maximum number of permits for a 
given area in a given season has been reached and allocating additional 
permits in the same area would be detrimental to the resource.
    (F) The activity proposed under the special permit would create a 
significant enforcement problem.
    (vi) The Regional Administrator may attach conditions to the 
special permit, if it is granted, consistent with the management 
objectives of the FEP, including but not limited to:
    (A) The maximum amount of each resource that can be harvested and 
landed during the term of the special permit, including trip limits, 
where appropriate.
    (B) The times and places where fishing may be conducted.
    (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 FEP.
    (4) Appeals of permit actions.
    (i) Except as provided in subpart D of 15 CFR part 904, any 
applicant for a permit or a permit holder may appeal the granting, 
denial, conditioning, or suspension of their permit or a permit 
affecting their interests to the Regional Administrator. In order to be 
considered by the Regional Administrator, such appeal must be in 
writing, must state the action(s) appealed, and the reasons therefore, 
and must be submitted within 30 days of the original action(s) by the 
Regional Administrator. The appellant may request an informal hearing 
on the appeal.
    (ii) Upon receipt of an appeal authorized by this section, the 
Regional Administrator will notify the permit applicant, or permit 
holder as appropriate, and will request such additional information and 
in such form

[[Page 60102]]

as will allow action upon the appeal. Upon receipt of sufficient 
information, the Regional Administrator will rule on the appeal in 
accordance with the permit eligibility criteria set forth in this 
section and the FEP, as appropriate, based upon information relative to 
the application on file at NMFS and the Council and any additional 
information, the summary record kept of any hearing and the hearing 
officer's recommended decision, if any, and such other considerations 
as deemed appropriate. The Regional Administrator will notify all 
interested persons of the decision, and the reasons therefore, in 
writing, normally within 30 days of the receipt of sufficient 
information, unless additional time is needed for a hearing.
    (iii) If a hearing is requested, or if the Regional Administrator 
determines that one is appropriate, the Regional Administrator may 
grant an informal hearing before a hearing officer designated for that 
purpose after first giving notice of the time, place, and subject 
matter of the hearing in the Federal Register. Such a hearing shall 
normally be held no later than 30 days following publication of the 
notice in the Federal Register, unless the hearing officer extends the 
time for reasons deemed equitable. The appellant, the applicant (if 
different), and, at the discretion of the hearing officer, other 
interested parties, may appear personally and/or be represented by 
counsel at the hearing and submit 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 shall notify interested 
persons of the decision, and the reason(s) therefore, in writing, 
within 30 days of receipt of the hearing officer's recommended 
decision. The Regional Administrator's action constitutes final action 
for the agency for the purposes of the Administrative Procedure Act.
    (5) The Regional Administrator may, for good cause, extend any time 
limit prescribed in this section for a period not to exceed 30 days, 
either upon his or her own motion or upon written request from the 
Council, appellant or applicant stating the reason(s) therefore.


Sec.  665.625  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this chapter and Sec.  665.15, it is unlawful for any person to do 
any of the following:
    (a) Fish for, take, retain, possess or land any PRIA coral reef 
ecosystem MUS in any low-use MPA as defined in Sec.  665.599 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.  665.624;
    (3) The PRIA coral reef ecosystem MUS possessed on board the vessel 
originated outside the management area and this can be demonstrated 
through receipts of purchase, invoices, fishing logbooks or other 
documentation.
    (b) Fish for, take, or retain any PRIA 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.  665.627.
    (3) In a low-use MPA without a valid special permit.
    (4) In violation of any permit issued under Sec. Sec.  665.13 or 
665.624.
    (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.  665.626  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 PRIA 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.  665.627  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) PRIA coral reef ecosystem MUS may not be taken by means of 
poisons, explosives, or intoxicating substances. Possession or use of 
these materials by any permit holder under this subpart who is 
established to be fishing for coral reef ecosystem MUS in the 
management area is prohibited.
    (c) PRIA 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 FEP 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 
this section must describe the new gear and its method of deployment in 
the special permit application. A decision on the permissibility of 
this gear type will be made by the Regional Administrator after 
consultation with the Council and the director of the affected State 
fishery management agency.


Sec.  665.628  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. Sec.  665.13 or 665.624 or that is 
otherwise established to be fishing for PRIA coral reef ecosystem MUS 
in the PRIA fishery management area.
    (b) Enforcement action.
    (1) Traps not marked in compliance with paragraph (a) of this 
section and found deployed in the PRIA fishery management area will be 
considered unclaimed or abandoned property, and may be disposed of in 
any manner considered appropriate by NMFS or an authorized officer.
    (2) Unattended surround nets or bait seine nets found deployed in 
the coral reef ecosystem management area will be considered unclaimed 
or abandoned property, and may be disposed of in any manner considered 
appropriate by NMFS or an authorized officer.


Sec. Sec.  665.629-665.639  [Reserved]


Sec.  665.640  PRIA crustacean fisheries. [Reserved]


Sec.  665.641  Definitions.

    As used in Sec. Sec.  665.640 through 665.659:
    Crustacean Permit Area 4 (Permit Area 4) means the EEZ around 
Palmyra Atoll, Kingman Reef, Jarvis Island, Baker Island, Howland 
Island, Johnston Atoll, and Wake Island.
    PRIA crustacean fishing permit means the permit required by Sec.  
665.642 to use

[[Page 60103]]

a vessel to fish for PRIA crustacean management unit species in the 
PRIA fishery management area, or to land crustacean MUS shoreward of 
the outer boundary of the PRIA fishery management area.
    PRIA crustacean management unit species means the following 
crustaceans:

------------------------------------------------------------------------
          English common name                    Scientific name
------------------------------------------------------------------------
Spiny lobster..........................  Panulirus marginatus, Panulirus
                                          penicillatus.
Slipper lobster........................  Scyllaridae.
Kona crab..............................  Ranina ranina.
Deepwater shrimp.......................  Heterocarpus spp.
------------------------------------------------------------------------

Sec.  665.642  Permits.

    (a) Applicability.
    (1) The owner of any vessel used to fish for lobster in Permit Area 
4 must have a permit issued for that vessel.
    (2) The owner of any vessel used to fish for deepwater shrimp in 
Crustacean Permit Area 4 must have a permit issued for that vessel.
    (b) General requirements. General requirements governing 
application information, issuance, fees, expiration, replacement, 
transfer, alteration, display, sanctions, and appeals for permits 
issued under this section, as applicable, are contained in Sec.  
665.13.
    (c) Application. An application for a permit required under this 
section will be submitted to PIRO as described in Sec.  665.13. If the 
application for a limited access permit is submitted on behalf of a 
partnership or corporation, the application must be accompanied by a 
supplementary information sheet obtained from PIRO and contain the 
names and mailing addresses of all partners or shareholders and their 
respective percentage of ownership in the partnership or corporation.


Sec.  665.643  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this chapter and Sec.  665.15, it is unlawful for any person in 
Crustacean Permit Area 4 to fish for, take, or retain deepwater shrimp 
without a permit issued under Sec.  665.642.


Sec.  665.644  Notifications.

    (a) The operator of any vessel subject to the requirements of this 
subpart must:
    (1) Report, not less than 24 hours, but not more than 36 hours, 
before landing, the port, the approximate date and the approximate time 
at which spiny and slipper lobsters will be landed.
    (2) Report, not less than 6 hours and not more than 12 hours before 
offloading, the location and time that offloading of spiny and slipper 
lobsters will begin.
    (b) The Regional Administrator will notify permit holders of any 
change in the reporting method and schedule required in paragraphs 
(a)(1) and (2) of this section at least 30 days prior to the opening of 
the fishing season.


Sec.  665.645  At-sea observer coverage.

    All fishing vessels subject to Sec. Sec.  665.640 through 665.645 
and subpart A of this part must carry an observer when requested to do 
so by the Regional Administrator.


Sec. Sec.  665.646-665.659  [Reserved]


Sec.  665.660  PRIA precious coral fisheries. [Reserved]


Sec.  665.661  Definitions.

    As used in Sec. Sec.  665.660 through 665.669:
    PRIA precious coral management unit species (PRIA precious coral 
MUS) means any coral of the genus Corallium in addition to the 
following species of corals:

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

    PRIA precious coral permit area means the area encompassing the 
precious coral beds within the EEZ around the PRIA. Each bed is 
designated by a permit area code and assigned to one of the following 
four categories:
    (1) Established beds. [Reserved]
    (2) Conditional beds. [Reserved]
    (3) Refugia. [Reserved]
    (4) Exploratory Area. Permit Area X-P-PI includes all coral beds, 
other than established beds, conditional beds, or refugia, in the EEZ 
seaward Palmyra Atoll, Kingman Reef, Jarvis Island, Baker Island, 
Howland Island, Johnston Atoll and Wake Island.


Sec.  665.662  Permits.

    (a) Any vessel of the United States fishing for, taking, or 
retaining PRIA precious coral MUS in any PRIA precious coral permit 
area must have a permit issued under Sec.  665.13.
    (b) Each permit will be valid for fishing only in the permit area 
specified on the permit. Precious Coral Permit Areas are defined in 
Sec.  665.661.
    (c) No more than one permit will be valid for any one vessel at any 
one time.
    (d) No more than one permit will be valid for any one person at any 
one time.
    (e) The holder of a valid permit to fish one permit area may obtain 
a permit to fish another permit area only upon surrendering to the 
Regional Administrator any current permit for the precious coral 
fishery issued under Sec.  665.13.
    (f) General requirements governing application information, 
issuance, fees, expiration, replacement, transfer, alteration, display, 
sanctions, and appeals for permits for the precious coral fishery are 
contained in Sec.  665.13.


Sec.  665.663  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this chapter and in Sec.  665.15, it is unlawful for any person to:
    (a) Use any vessel to fish for, take, retain, possess or land PRIA 
precious coral MUS in any precious coral permit area, unless a permit 
has been issued for that vessel and area as specified in Sec.  665.13 
and that permit is on board the vessel.
    (b) Fish for, take, or retain any species of PRIA precious coral 
MUS in any precious coral permit area:
    (1) By means of gear or methods prohibited by Sec.  665.664.
    (2) In refugia specified in Sec.  665.661.
    (3) In a bed for which the quota specified in Sec.  665.667 has 
been attained.

[[Page 60104]]

    (4) In violation of any permit issued under Sec. Sec.  665.13 or 
665.17.
    (5) In a bed that has been closed pursuant to Sec. Sec.  665.666 or 
665.669.
    (c) Take and retain, possess, or land any live pink coral or live 
black coral from any precious coral permit area that is less than the 
minimum height specified in Sec.  665.665 unless:
    (1) A valid EFP was issued under Sec.  665.17 for the vessel and 
the vessel was operating under the terms of the permit; or
    (2) The coral originated outside coral beds listed in this 
paragraph, and this can be demonstrated through receipts of purchase, 
invoices, or other documentation.


Sec.  665.664  Gear restrictions.

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


Sec.  665.665  Size restrictions.

    The height of a live coral specimen shall be determined by a 
straight line measurement taken from its base to its most distal 
extremity. The stem diameter of a living coral specimen shall be 
determined by measuring the greatest diameter of the stem at a point no 
less than 1 inch (2.54 cm) from the top surface of the living holdfast.
    (a) Live pink coral harvested from any precious coral permit area 
must have attained a minimum height of 10 inches (25.4 cm).
    (b) Black coral. Live black coral harvested from any precious coral 
permit area must have attained either a minimum stem diameter of 1 inch 
(2.54 cm), or a minimum height of 48 inches (122 cm).


Sec.  665.666  Closures.

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


Sec.  665.667  Quotas.

    (a) General. The quotas limiting the amount of precious coral that 
may be taken in any precious coral permit area during the fishing year 
are listed in Sec.  665.667(d). Only live coral is counted toward the 
quota. The accounting period for all quotas begins July 1, 1983.
    (b) Conditional bed closure. A conditional bed will be closed to 
all nonselective coral harvesting after the quota for one species of 
coral has been taken.
    (c) Reserves and reserve release. The quotas for exploratory area, 
X-P-PI, will be held in reserve for harvest by vessels of the United 
States in the following manner:
    (1) At the start of the fishing year, the reserve for the PRIA 
exploratory area will equal the quota minus the estimated domestic 
annual harvest for that year.
    (2) As soon as practicable after December 31 each year, the 
Regional Administrator will determine the amount harvested by vessels 
of the United States between July 1 and December 31 of the year that 
just ended on December 31.
    (3) NMFS will release to TALFF an amount of precious coral for each 
exploratory area equal to the quota minus two times the amount 
harvested by vessels of the United States in that July 1-December 31 
period.
    (4) NMFS will publish in the Federal Register a notification of the 
Regional Administrator's determination and a summary of the information 
on which it is based as soon as practicable after the determination is 
made.
    (d) PRIA exploratory permit area, X-P-PI, has an annual quota of 
1,000 kg for all precious coral MUS combined with the exception of 
black corals.


Sec.  665.668  Seasons.

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


Sec.  665.669  Gold coral harvest moratorium.

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

Subpart F--Western Pacific Pelagic Fisheries


Sec.  665.798  Management area.

    The western Pacific Pelagic fishery management area includes all 
areas of fishing operations in the EEZ or on the high seas for any 
vessels of the United States or persons that:
    (a) Fish for, possess, or transship western Pacific pelagic fishery 
management unit species (MUS) within the EEZ waters around American 
Samoa, CNMI, Guam, Hawaii, or PRIA; or
    (b) Land western Pacific pelagic fishery MUS in American Samoa, 
CNMI, Guam, Hawaii, or PRIA.


Sec.  665.799  Area restrictions.

    (a) Fishing is prohibited in all no-take MPAs designated in this 
section.
    (b) No-take MPAs. The following U.S. EEZ waters are no-take MPAs:
    (1) 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;
    (2) Landward of the 50-fm (91.5-m) curve around Rose Atoll, as 
depicted on National Ocean Survey Chart Number 83484.


Sec.  665.800  Definitions.

    As used in Sec. Sec.  665.798 through 665.818:
    American Samoa longline limited access permit means the permit 
required by Sec.  665.801 to use a vessel shoreward of the outer 
boundary of the EEZ around American Samoa to fish for western Pacific 
pelagic MUS using longline gear or to land or transship western Pacific 
pelagic MUS that were caught in the EEZ around American Samoa using 
longline gear.
    American Samoa pelagics mailing list means the list maintained by 
PIRO of names and mailing addresses of parties interested in receiving 
notices of availability for American Samoa longline limited access 
permits.
    Basket-style longline gear means a type of longline gear that is 
divided into units called ``baskets'' each consisting of a segment of 
main line to which 10 or more branch lines with hooks are spliced. The 
mainline and all branch lines are made of multiple braided strands of 
cotton, nylon, or other synthetic fibers impregnated with tar or other 
heavy coatings that cause the lines to sink rapidly in seawater.
    Deep-set or Deep-setting means the deployment of, or deploying, 
respectively, longline gear in a manner consistent with all the 
following criteria: with all float lines at least 20 meters in length; 
with a minimum of 15 branch lines between any two floats (except 
basket-style longline gear which may have as few as 10 branch lines 
between any two floats); without the use of light sticks; and resulting 
in the possession or landing of no more than 10 swordfish (Xiphias 
gladius) at any time during a given trip. As used in this definition 
``float line'' means a line used to suspend the main longline beneath a 
float and ``light stick'' means any type of light emitting device, 
including any fluorescent ``glow bead,'' chemical, or electrically 
powered light that is affixed underwater to the longline gear.
    Fish dealer means any person who:
    (1) Obtains, with the intention to resell, western Pacific pelagic 
MUS, or portions thereof, that were harvested or received by a vessel 
that holds a permit

[[Page 60105]]

or is otherwise regulated under bottomfish fisheries in this subpart; 
or
    (2) Provides recordkeeping, purchase, or sales assistance in 
obtaining or selling such MUS (such as the services provided by a 
wholesale auction facility).
    Hawaii longline limited access permit means the permit required by 
Sec.  665.801 to use a vessel to fish for western Pacific pelagic MUS 
with longline gear in the EEZ around Hawaii or to land or transship 
longline-caught western Pacific pelagic MUS shoreward of the outer 
boundary of the EEZ around Hawaii.
    Longline fishing prohibited area means the portions of the EEZ in 
which longline fishing is prohibited as specified in Sec.  665.806.
    Longline fishing vessel means a vessel that has longline gear on 
board the vessel.
    Longline gear means a type of fishing gear consisting of a main 
line that exceeds 1 nm in length, is suspended horizontally in the 
water column either anchored, floating, or attached to a vessel, and 
from which branch or dropper lines with hooks are attached; except 
that, within the protected species zone as defined in Sec.  665.806, 
longline gear means a type of fishing gear consisting of a main line of 
any length that is suspended horizontally in the water column either 
anchored, floating, or attached to a vessel, and from which branch or 
dropper lines with hooks are attached.
    Pelagic handline fishing means fishing for western Pacific pelagic 
MUS from a stationary or drifting vessel using hook and line gear other 
than longline gear.
    Pelagic troll fishing (trolling) means fishing for western Pacific 
pelagic MUS from a moving vessel using hook and line gear.
    PRIA pelagic troll and handline fishing permit means the permit 
required by Sec.  665.801 to use a vessel shoreward of the outer 
boundary of the EEZ around the PRIA to fish for western Pacific pelagic 
MUS using pelagic handline or troll fishing methods.
    Receiving vessel permit means a permit required by Sec.  665.801(c) 
for a receiving vessel to transship or land western Pacific pelagic MUS 
taken by other vessels using longline gear.
    Shallow-set or shallow-setting means the deployment of, or 
deploying, respectively, longline gear in a manner that does not meet 
the definition of deep-set or deep-setting as defined in this section.
    Shallow-set certificate means an original paper certificate that is 
issued by NMFS and valid for one shallow-set of longline gear (more 
than one nautical mile of deployed longline gear is a complete set) for 
sets that start during the period of validity indicated on the 
certificate.
    Squid jig fishing means fishing for squid that are western Pacific 
pelagic MUS using a hook or hooks attached to a line that is raised and 
lowered in the water column by manual or mechanical means.
    Western Pacific general longline permit means the permit authorized 
under Sec.  665.801 to use a vessel shoreward of the outer boundary of 
the EEZ around Guam, CNMI, Johnston or Palmyra Atolls, Kingman Reef, or 
Wake, Jarvis, Baker or Howland Islands to fish for western Pacific 
pelagic MUS using longline gear or to land or to transship western 
Pacific pelagic MUS that were caught using longline gear.
    Western Pacific pelagic management unit species means the following 
species:

------------------------------------------------------------------------
          English common name                    Scientific name
------------------------------------------------------------------------
Tunas:                                   ...............................
    Albacore...........................  Thunnus alalunga
    bigeye tuna........................  Thunnus obesus
    yellowfin tuna.....................  Thunnus albacares
    northern bluefin tuna..............  Thunnus thynnus
    skipjack tuna......................  Katsuwonus pelamis
    Kawakawa...........................  Euthynnus affinis
    other tuna relatives...............  Auxis spp., Scomber spp.,
                                          Allothunnus spp.
Billfishes:                              ...............................
    Indo-Pacific blue marlin...........  Makaira mazara
    black marlin.......................  Makaira indica
    striped marlin.....................  Tetrapturus audax
    shortbill spearfish................  Tetrapturus angustirostris
    Swordfish..........................  Xiphias gladius
    Sailfish...........................  Istiophorus platypterus
Sharks:                                  ...............................
    pelagic thresher shark.............  Alopias pelagicus
    bigeye thresher shark..............  Alopias superciliosus
    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
Other pelagic fishes:                    ...............................
    mahimahi (dolphinfish).............  Coryphaena spp.
    Wahoo..............................  Acanthocybium solandri
    Moonfish...........................  Lampris spp.
    Oilfish............................  Gempylidae
    Pomfret............................  Bramidae
Squid:                                   ...............................
    diamondback squid..................  Thysanoteuthis rhombus
    neon flying squid..................  Ommastrephes bartramii
    purpleback flying squid............  Sthenoteuthis oualaniensis
------------------------------------------------------------------------


[[Page 60106]]

Sec.  665.801  Permits.

    (a) A vessel of the United States must be registered for use with a 
valid permit under the High Seas Fishing Compliance Act if that vessel 
is used to fish on the high seas, as required under Sec.  300.15 of 
this title.
    (b) A vessel of the United States must be registered for use under 
a valid Hawaii longline limited access permit if that vessel is used:
    (1) To fish for western Pacific pelagic MUS using longline gear in 
the EEZ around the Hawaiian Archipelago; or
    (2) To land or transship, shoreward of the outer boundary of the 
EEZ around the Hawaiian Archipelago, western Pacific pelagic MUS that 
were harvested using longline gear.
    (c) A vessel of the United States must be registered for use under 
a valid American Samoa longline limited access permit, in accordance 
with Sec.  665.816, if that vessel is used to:
    (1) Fish for western Pacific pelagic MUS using longline gear in the 
EEZ around American Samoa;
    (2) Land shoreward of the outer boundary of the EEZ around American 
Samoa western Pacific pelagic MUS that were harvested using longline 
gear in the EEZ around American Samoa; or
    (3) Transship shoreward of the outer boundary of the EEZ around 
American Samoa western Pacific pelagic MUS that were harvested using 
longline gear in the EEZ around American Samoa or on the high seas.
    (d) A vessel of the United States must be registered for use under 
a valid western Pacific general longline permit, American Samoa 
longline limited access permit, or Hawaii longline limited access 
permit if that vessel is used to:
    (1) Fish for western Pacific pelagic MUS using longline gear in the 
EEZ around Guam, CNMI, or PRIA (with the exception of Midway Atoll); or
    (2) Land or transship shoreward of the outer boundary of the EEZ 
around Guam, CNMI, or PRIA (with the exception of Midway Atoll), 
western Pacific pelagic MUS that were harvested using longline gear.
    (e) A receiving vessel of the United States must be registered for 
use with a valid receiving vessel permit if that vessel is used to land 
or transship, shoreward of the outer boundary of the EEZ around 
American Samoa, Hawaii, Guam, CNMI, or PRIA, western Pacific pelagic 
MUS that were harvested using longline gear.
    (f) A vessel of the United States must be registered for use with a 
valid PRIA pelagic troll and handline fishing permit if that vessel is 
used to fish for western Pacific pelagic MUS using pelagic handline or 
trolling fishing methods in the EEZ around the PRIA (with the exception 
of Midway Atoll).
    (g) A vessel of the United States must be registered for use under 
a Western Pacific squid jig fishing permit, if that vessel is more than 
50 ft (15.4 m) LOA and is used to squid jig fish in EEZ waters around 
American Samoa, CNMI, Guam, Hawaii, or PRIA.
    (h) Any required permit must be valid and on board the vessel and 
available for inspection by an authorized agent, except that, if the 
permit was issued (or registered to the vessel) during the fishing trip 
in question, this requirement applies only after the start of any 
subsequent fishing trip.
    (i) A permit is valid only for the vessel for which it is 
registered. A permit not registered for use with a particular vessel 
may not be used.
    (j) An application for a permit required under this section will be 
submitted to PIRO as described in Sec.  665.13.
    (k) General requirements governing application information, 
issuance, fees, expiration, replacement, transfer, alteration, display, 
and sanctions for permits issued under this section, as applicable, are 
contained in Sec.  665.13.
    (l) A Hawaii longline limited access permit may be transferred as 
follows:
    (1) The owner of a Hawaii longline limited access permit may apply 
to transfer the permit:
    (i) To a different person for registration for use with the same or 
another vessel; or
    (ii) For registration for use with another U.S. vessel under the 
same ownership.
    (2) [Reserved]
    (m) A Hawaii longline limited access permit will not be registered 
for use with a vessel that has a LOA greater than 101 ft (30.8 m).
    (n) Only a person eligible to own a documented vessel under the 
terms of 46 U.S.C. 12102(a) may be issued or may hold (by ownership or 
otherwise) a Hawaii longline limited access permit.
    (o) Permit appeals. Except as provided in subpart D of 15 CFR part 
904, any applicant for a permit or any permit owner may appeal to the 
Regional Administrator the granting, denial, conditioning, suspension, 
or transfer of a permit or requested permit under this section. To be 
considered by the Regional Administrator, the appeal must be in 
writing, must state the action(s) appealed, and the reasons therefore, 
and must be submitted within 30 days of the action(s) by the Regional 
Administrator. The appellant may request an informal hearing on the 
appeal.
    (1) Upon receipt of an appeal authorized by this section, the 
Regional Administrator may request additional information. Upon receipt 
of sufficient information, the Regional Administrator will decide the 
appeal in accordance with the criteria set out in this part for 
qualifying for, or renewing, limited access permits. In making such 
decision, the Administrator will review relevant portions of the 
Western Pacific Pelagic FEP, to the extent such review would clarify 
the criteria in this part. Such decision will be based upon information 
relative to the application on file at NMFS and the Council and any 
additional information available; the summary record kept of any 
hearing and the hearing officer's recommended decision, if any, as 
provided in paragraph (o)(3) of this section; and such other 
considerations as deemed appropriate. The Regional Administrator will 
notify the appellant of the decision and the reasons therefore, in 
writing, normally within 30 days of the receipt of sufficient 
information, unless additional time is needed for a hearing.
    (2) 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. Such a hearing normally shall be held no later than 30 days 
following receipt of the appeal, unless the hearing officer extends the 
time. The appellant and, at the discretion of the hearing officer, 
other interested persons, may appear personally and/or be represented 
by counsel at the hearing and submit information and present arguments 
as determined appropriate by the hearing officer. Within 30 days of the 
last day of the hearing, the hearing officer shall recommend, in 
writing, a decision to the Regional Administrator.
    (3) 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 the appellant, and 
interested persons, if any, 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 
shall constitute final Agency action for purposes of the Administrative 
Procedure Act.
    (4) In the case of a timely appeal from an American Samoa longline 
limited access permit initial permit decision, the Regional 
Administrator will issue the appellant a temporary American Samoa 
longline limited access permit. A temporary permit will expire 20 days 
after the Regional Administrator's final decision on the appeal. In no 
event will

[[Page 60107]]

a temporary permit be effective for longer than 60 days.
    (5) With the exception of temporary permits issued under paragraph 
(o)(4) of this section, the Regional Administrator, for good cause, may 
extend any time limit prescribed in this section for a period not to 
exceed 30 days, either upon his/her own motion or upon written request 
from the appellant stating the reason(s) therefore.


Sec.  665.802  Prohibitions.

    In addition to the prohibitions specified in Sec.  600.725 of this 
chapter, it is unlawful for any person to do any of the following:
    (a) Falsify or fail to make and/or file all reports of western 
Pacific pelagic MUS landings, containing all data and in the exact 
manner, as required by applicable State law or regulation, as specified 
in Sec.  665.14(a), provided that the person is required to do so by 
applicable State law or regulation.
    (b) Use a vessel without a valid permit issued under the High Seas 
Fishing Compliance Act to fish for western Pacific pelagic MUS using 
longline gear, on the high seas, in violation of Sec. Sec.  665.801(a), 
and 300.15 of this title.
    (c) Use a vessel in the EEZ around the Hawaiian Archipelago without 
a valid Hawaii longline limited access permit registered for use with 
that vessel, to fish for western Pacific pelagic MUS using longline 
gear, in violation of Sec.  665.801(b)(1).
    (d) Use a vessel shoreward of the outer boundary of the EEZ around 
the Hawaiian Archipelago without a valid Hawaii longline limited access 
permit registered for use with that vessel, to land or transship 
western Pacific pelagic MUS that were harvested with longline gear, in 
violation of Sec.  665.801(b)(2).
    (e) Use a vessel in the EEZ around American Samoa without a valid 
American Samoa longline limited access permit registered for use with 
that vessel, to fish for western Pacific pelagic MUS using longline 
gear, in violation of Sec.  665.801(c)(1).
    (f) Use a vessel shoreward of the outer boundary of the EEZ around 
American Samoa without a valid American Samoa longline limited access 
permit registered for use with that vessel, to land western Pacific 
pelagic MUS that were caught with longline gear within the EEZ around 
American Samoa, in violation of Sec.  665.801(c)(2).
    (g) Use a vessel within the EEZ around American Samoa without a 
valid American Samoa longline limited access permit registered for use 
with that vessel, to transship western Pacific pelagic MUS that were 
caught with longline gear, in violation of Sec.  665.801(c)(3).
    (h) Use a vessel in the EEZ around Guam, CNMI, or PRIA (with the 
exception of Midway Atoll) without either a valid Western Pacific 
general longline permit, American Samoa longline limited access permit 
or a Hawaii longline limited access permit registered for use with that 
vessel, to fish for western Pacific pelagic MUS using longline gear, in 
violation of Sec.  665.801(d)(1).
    (i) Use a vessel shoreward of the outer boundary of the EEZ around 
Guam, CNMI, or PRIA (with the exception of Midway Atoll) without either 
a valid Western Pacific general longline permit, American Samoa 
longline limited access permit or a Hawaii longline limited access 
permit registered for use with that vessel, to land or transship 
western Pacific pelagic MUS that were harvested using longline gear, in 
violation of Sec.  665.801(d)(2).
    (j) Use a vessel shoreward of the outer boundary of the EEZ around 
American Samoa, CNMI, Guam, Hawaii, or PRIA, to land or transship 
western Pacific pelagic MUS caught by other vessels using longline 
gear, without a valid receiving vessel permit registered for use with 
that vessel, in violation of Sec.  665.801(e).
    (k) Use a vessel in the EEZ around the PRIA employing handline or 
trolling methods to fish for western Pacific pelagic MUS without a 
valid PRIA pelagic troll and handline fishing permit registered for use 
for that vessel, in violation of Sec.  665.801(f).
    (l) Fish in the fishery after failing to comply with the 
notification requirements in Sec.  665.803.
    (m) Fail to comply with notification requirements set forth in 
Sec.  665.803 or in any EFP issued under Sec.  665.17.
    (n)-(u) [Reserved]
    (v) Fish with longline gear within a longline fishing prohibited 
area, except as allowed pursuant to an exemption issued under 
Sec. Sec.  665.17 or 665.807, in violation of Sec.  665.806.
    (w) Fish for western Pacific pelagic MUS with longline gear within 
the protected species zone, in violation of Sec.  665.806(b).
    (x) Fail to comply with a term or condition governing the observer 
program established in Sec.  665.808, if using a vessel registered for 
use with a Hawaii longline limited access permit, or a vessel 
registered for use with a size Class B, C or D American Samoa longline 
limited access permit, to fish for western Pacific pelagic MUS using 
longline gear.
    (y) Fail to comply with other terms and conditions that the 
Regional Administrator imposes by written notice to either the permit 
holder or the designated agent of the permit holder to facilitate the 
details of observer placement.
    (z) Fail to fish in accordance with the seabird take mitigation 
techniques set forth at Sec. Sec.  665.815(a)(1) or 665.815(a)(2) when 
operating a vessel registered for use under a Hawaii longline limited 
access permit.
    (aa) [Reserved]
    (bb) Engage in shallow-setting without a valid shallow-set 
certificate for each shallow set made, in violation of Sec.  
665.813(c).
    (cc) Own or operate a vessel registered for use under any longline 
permit issued under Sec.  665.801 while engaged in longline fishing for 
western Pacific pelagic MUS and fail to be certified for completion of 
a NMFS protected species workshop, in violation of Sec.  665.814(a).
    (dd) Own or operate a vessel registered for use under any longline 
permit issued under Sec.  665.801 while engaged in longline fishing for 
western Pacific pelagic MUS without having on board a valid protected 
species workshop certificate issued by NMFS or a legible copy thereof, 
in violation of Sec.  665.814(d).
    (ee) Possess light sticks on board a vessel registered for use 
under a Hawaii longline limited access permit at any time during a trip 
for which notification to NMFS under Sec.  665.803(a) indicated that 
deep-setting would be done, in violation of Sec.  665.813(d).
    (ff) Fail to carry, or fail to use, a line clipper, dip net, or 
dehooker on a vessel registered for use under any longline permit 
issued under Sec.  665.801, in violation of Sec.  665.812.
    (gg)-(hh) [Reserved]
    (ii) When operating a vessel registered for use under any longline 
limited access permit issued under Sec.  665.801, fail to comply with 
the sea turtle handling, resuscitation, and release requirements, in 
violation of Sec.  665.812(b).
    (jj) Engage in shallow-setting from a vessel registered for use 
under any longline permit issued under Sec.  665.801 north of the 
Equator (0[deg] lat.) with hooks other than offset circle hooks sized 
18/0 or larger, with a 10[deg] offset, in violation of Sec.  
665.813(f).
    (kk) Engage in shallow-setting from a vessel registered for use 
under any longline permit issued under Sec.  665.801 north of the 
Equator (0[deg] lat.) with bait other than mackerel-type bait, in 
violation of Sec.  665.813(g).
    (ll) [Reserved]
    (mm) Fail to use a line setting machine or line shooter, with 
weighted branch lines, to set the main longline

[[Page 60108]]

when operating a vessel that is registered for use under a Hawaii 
longline limited access permit and equipped with monofilament main 
longline, when making deep sets north of 23[deg] N. lat., in violation 
of Sec.  665.815(a)(1) or (a)(2).
    (nn) Fail to employ basket-style longline gear such that the 
mainline is deployed slack when operating a vessel registered for use 
under a Hawaii longline limited access north of 23[deg] N. lat., in 
violation of Sec.  665.815(a)(2)(v).
    (oo) Fail to maintain and use blue dye to prepare thawed bait when 
operating a vessel registered for use under a Hawaii longline limited 
access permit that is fishing north of 23[deg] N. lat., in violation of 
Sec.  665.815(a)(2)(vi) through (viii).
    (pp) Fail to retain, handle, and discharge fish, fish parts, and 
spent bait, strategically when operating a vessel registered for use 
under a Hawaii longline limited access permit that is fishing north of 
23[deg] N. lat., in violation of Sec.  665.815(a)(2)(i) through (iv).
    (qq) Fail to be begin the deployment of longline gear at least 1 
hour after local sunset or fail to complete the setting process before 
local sunrise from a vessel registered for use under a Hawaii longline 
limited access permit while shallow-setting north of 23[deg] N. lat., 
in violation of Sec.  665.815(a)(4).
    (rr) Fail to handle short-tailed albatrosses that are caught by 
pelagic longline gear in a manner that maximizes the probability of 
their long-term survival, in violation of Sec.  665.815(b).
    (ss) Engage in shallow-setting from a vessel registered for use 
under a Hawaii longline limited access permit after the shallow-set 
component of the longline fishery has been closed pursuant to Sec.  
665.813(b), in violation of Sec.  665.813(i).
    (tt) Fail to immediately retrieve longline fishing gear upon 
receipt of actual notice that the shallow-set component of the longline 
fishery has been closed pursuant to Sec.  665.813(b), in violation of 
Sec.  665.813(i).
    (uu)-(vv) [Reserved]
    (ww) Fail to handle seabirds other than short-tailed albatrosses 
that are caught by pelagic longline gear in a manner that maximizes the 
probability of their long-term survival, in violation of Sec.  
665.815(c).
    (xx) Use a large vessel to fish for western Pacific Pelagic MUS 
within an American Samoa large vessel prohibited area except as allowed 
pursuant to an exemption issued under Sec.  665.818.
    (yy) Fish for western Pacific pelagic MUS using gear prohibited 
under Sec.  665.810 or not permitted by an EFP issued under Sec.  
665.17.
    (zz) Use a vessel that is greater than 50 ft (15.4 m) LOA to squid 
jig fish in EEZ waters around American Samoa, CNMI, Guam, Hawaii, or 
PRIA, without a Western Pacific squid jig fishing permit registered for 
use with that vessel, in violation of Sec.  665.801(g).


Sec.  665.803  Notifications.

    (a) The permit holder, or designated agent, for any vessel 
registered for use under a Hawaii longline limited access permit, or 
for any vessel greater than 40 ft (12.2 m) LOA that is registered for 
use under an American Samoa longline limited access permit, shall 
provide a notice to the Regional Administrator at least 72 hours (not 
including weekends and Federal holidays) before the vessel leaves port 
on a fishing trip, any part of which occurs in the EEZ around the 
Hawaiian Archipelago or American Samoa. The vessel operator will be 
presumed to be an agent designated by the permit holder unless the 
Regional Administrator is otherwise notified by the permit holder. The 
permit holder or designated agent for a vessel registered for use under 
Hawaii longline limited access permits must also provide notification 
of the trip type (either deep-setting or shallow-setting).
    (b) The permit holder, or designated agent, for any vessel 
registered for use under a Western Pacific squid jig fishing permit 
that is greater than 50 ft (15.4 m) LOA, shall provide a notice to the 
Regional Administrator at least 72 hours (not including weekends and 
Federal holidays) before the vessel leaves port on a fishing trip, any 
part of which occurs in western Pacific EEZ waters. The vessel operator 
will be presumed to be an agent designated by the permit holder unless 
the Regional Administrator is otherwise notified by the permit holder.
    (c) For purposes of this section, the notice must be provided to 
the office or telephone number designated by the Regional 
Administrator. The notice must provide the official number of the 
vessel, the name of the vessel, the intended departure date, time, and 
location, the name of the operator of the vessel, and the name and 
telephone number of the permit holder or designated agent to be 
available between 8 a.m. and 5 p.m. (local time) on weekdays for NMFS 
to contact to arrange observer placement.
    (d) The operator of any vessel subject to the requirements of this 
subpart who does not have on board a VMS unit while transiting the 
protected species zone as defined in Sec.  665.806, must notify the 
NMFS Special-Agent-In-Charge immediately upon entering and immediately 
upon departing the protected species zone. The notification must 
include the name of the vessel, name of the operator, date and time 
(GMT) of access or exit from the protected species zone, and location 
by latitude and longitude to the nearest minute.
    (e) The permit holder for any American Samoa longline limited 
access permit, or an agent designated by the permit holder, must notify 
the Regional Administrator in writing within 30 days of any change to 
the permit holder's contact information or any change to the vessel 
documentation associated with a permit registered to an American Samoa 
longline limited access permit. Complete changes in the ownership of 
the vessel registered to an American Samoa longline limited access 
permit must also be reported to PIRO in writing within 30 days of the 
change. Failure to report such changes may result in a delay in 
processing an application, permit holders failing to receive important 
notifications, or sanctions pursuant to the Magnuson-Stevens Act at 16 
U.S.C. 1858(g) or 15 CFR part 904, subpart D.


Sec.  665.804  Gear identification.

    (a) Identification. The operator of each permitted vessel in the 
fishery management area must ensure that the official number of the 
vessel be affixed to every longline buoy and float, including each buoy 
and float that is attached to a radar reflector, radio antenna, or flag 
marker, whether attached to a deployed longline or possessed on board 
the vessel. Markings must be legible and permanent, and must be of a 
color that contrasts with the background material.
    (b) Enforcement action. Longline gear not marked in compliance with 
paragraph (a) of this section and found deployed in the EEZ will be 
considered unclaimed or abandoned property, and may be disposed of in 
any manner considered appropriate by NMFS or an authorized officer.


Sec.  665.805  [Reserved]


Sec.  665.806  Longline fishing prohibited area management.

    (a) Prohibited areas. Longline fishing shall be prohibited in the 
longline fishing prohibited areas as defined in paragraphs (b), (c), 
and (d) of this section.
    (b) Longline protected species zone. (1) The protected species zone 
is 50 nm from the center geographical positions of certain islands and 
reefs in the NWHI, as follows:

[[Page 60109]]



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

    (2) Where the areas are not contiguous, parallel lines drawn 
tangent to and connecting those semicircles of the 50-nm areas that lie 
between Nihoa Island and Necker Island, French Frigate Shoals and 
Gardner Pinnacles, Gardner Pinnacles and Maro Reef, and Lisianski 
Island and Pearl and Hermes Reef, shall delimit the remainder of the 
protected species zone.
    (c) Main Hawaiian Islands (MHI).
    (1) From February 1-September 30 each year, the longline fishing 
prohibited area around the MHI is the portion of the EEZ seaward of 
Hawaii bounded by straight lines connecting the following coordinates 
in the order listed:

------------------------------------------------------------------------
                  Point                       N. lat.        W. long.
------------------------------------------------------------------------
A.......................................  18[deg]05[min]  155[deg]40[min
                                                                       ]
B.......................................  18[deg]20[min]  156[deg]25[min
                                                                       ]
C.......................................  20[deg]00[min]  157[deg]30[min
                                                                       ]
D.......................................  20[deg]40[min]  161[deg]40[min
                                                                       ]
E.......................................  21[deg]40[min]  161[deg]55[min
                                                                       ]
F.......................................  23[deg]00[min]  161[deg]30[min
                                                                       ]
G.......................................  23[deg]05[min]  159[deg]30[min
                                                                       ]
H.......................................  22[deg]55[min]  157[deg]30[min
                                                                       ]
I.......................................  21[deg]30[min]  155[deg]30[min
                                                                       ]
J.......................................  19[deg]50[min]  153[deg]50[min
                                                                       ]
K.......................................  19[deg]00[min]  154[deg]05[min
                                                                       ]
A.......................................  18[deg]05[min]  155[deg]40[min
                                                                       ]
------------------------------------------------------------------------

     (2) From October 1 through the following January 31 each year, the 
longline fishing prohibited area around the MHI is the portion of the 
EEZ seaward of Hawaii bounded by straight lines connecting the 
following coordinates in the order listed:

------------------------------------------------------------------------
                  Point                       N. lat.        W. long.
------------------------------------------------------------------------
A.......................................  18[deg]05[min]  155[deg]40[min
                                                                       ]
L.......................................  18[deg]25[min]  155[deg]40[min
                                                                       ]
M.......................................  19[deg]00[min]  154[deg]45[min
                                                                       ]
N.......................................  19[deg]15[min]  154[deg]25[min
                                                                       ]
O.......................................  19[deg]40[min]  154[deg]20[min
                                                                       ]
P.......................................  20[deg]20[min]  154[deg]55[min
                                                                       ]
Q.......................................  20[deg]35[min]  155[deg]30[min
                                                                       ]
R.......................................  21[deg]00[min]  155[deg]35[min
                                                                       ]
S.......................................  22[deg]30[min]  157[deg]35[min
                                                                       ]
T.......................................  22[deg]40[min]  159[deg]35[min
                                                                       ]
U.......................................  22[deg]25[min]  160[deg]20[min
                                                                       ]
V.......................................  21[deg]55[min]  160[deg]55[min
                                                                       ]
W.......................................  21[deg]40[min]  161[deg]00[min
                                                                       ]
E.......................................  21[deg]40[min]  161[deg]55[min
                                                                       ]
D.......................................  20[deg]40[min]  161[deg]40[min
                                                                       ]
C.......................................  20[deg]00[min]  157[deg]30[min
                                                                       ]
B.......................................  18[deg]20[min]  156[deg]25[min
                                                                       ]
A.......................................  18[deg]05[min]  155[deg]40[min
                                                                       ]
------------------------------------------------------------------------

     (d) Guam. The longline fishing prohibited area around Guam is the 
waters seaward of Guam bounded by straight lines connecting the 
following coordinates in the order listed:

------------------------------------------------------------------------
                  Point                       N. lat.        E. long.
------------------------------------------------------------------------
A.......................................      14[deg]25'     144[deg]00'
B.......................................      14[deg]00'     143[deg]38'
C.......................................      13[deg]41'  143[deg]33'33'
                                                                       '
D.......................................      13[deg]00'  143[deg]25'30'
                                                                       '
E.......................................      12[deg]20'     143[deg]37'
F.......................................      11[deg]40'     144[deg]09'
G.......................................      12[deg]00'     145[deg]00'
H.......................................      13[deg]00'     145[deg]42'
I.......................................      13[deg]27'     145[deg]51'
------------------------------------------------------------------------

Sec.  665.807  Exemptions for longline fishing prohibited areas; 
procedures.

    (a) An exemption permitting a person to use longline gear to fish 
in a portion(s) of the Hawaii longline fishing prohibited area will be 
issued to a person who can document that he or she:
    (1) Currently owns a Hawaii longline limited access permit issued 
under this part and registered for use with his or her vessel;
    (2) Before 1970, was the owner or operator of a vessel when that 
vessel landed western Pacific pelagic MUS taken on longline gear in an 
area that is now within the Hawaii longline fishing prohibited area;
    (3) Was the owner or operator of a vessel that landed western 
Pacific pelagic MUS taken on longline gear in an area that is now 
within the Hawaii longline fishing prohibited area, in at least 5 
calendar years after 1969, which need not be consecutive; and
    (4) In any one of the 5 calendar years, was the owner or operator 
of a vessel that harvested at least 80 percent of its total landings, 
by weight, of longline-caught western Pacific pelagic MUS in an area 
that is now in the Hawaii longline fishing prohibited area.
    (b) Each exemption shall specify the portion(s) of the Hawaii 
longline fishing prohibited area, bounded by longitudinal and 
latitudinal lines drawn to include each statistical area, as appearing 
on Hawaii State Commercial Fisheries Charts, in which the exemption 
holder made the harvest documented for the exemption application under 
paragraph (a)(4) of this section.
    (c) Each exemption is valid only within the portion(s) of the 
Hawaii longline fishing prohibited area specified on the exemption.
    (d) A person seeking an exemption under this section must submit an 
application and supporting documentation to PIRO at least 15 days 
before the desired effective date of the exemption.
    (e) If the Regional Administrator determines that a gear conflict 
has occurred and is likely to occur again in the Hawaii longline 
fishing prohibited area between a vessel used by a person holding an 
exemption under this section and a non-longline vessel, the Regional 
Administrator may prohibit all longline fishing in the Hawaii longline 
fishing prohibited area around the island where the conflict occurred, 
or in portions thereof, upon notice to each holder of an exemption who 
would be affected by such a prohibition.
    (f) The Council will consider information provided by persons with 
Hawaii longline limited access permits issued under this part who 
believe they have experienced extreme financial hardship resulting from 
the Hawaii longline area closure, and will consider recommendations of 
the Pelagic Advisory Review Board to assess whether exemptions under 
this section should continue to be allowed, and, if appropriate, revise 
the qualifying criteria in paragraph (a) of this section to permit 
additional exemptions.
    (1) If additional exemptions are needed, the Council will advise 
the Regional Administrator in writing of its recommendation, including 
criteria by which financial hardships will be mitigated, while 
retaining the

[[Page 60110]]

effectiveness of the longline fishing prohibited area.
    (2) Following a review of the Council's recommendation and 
supporting rationale, the Regional Administrator may:
    (i) Reject the Council's recommendation, in which case written 
reasons will be provided by the Regional Administrator to the Council 
for the rejection; or
    (ii) Concur with the Council's recommendation and, after finding 
that it is consistent with the goals and objectives of the Pelagics 
FEP, the national standards, and other applicable law, initiate 
rulemaking to implement the Council's recommendations.


Sec.  665.808  Conditions for at-sea observer coverage.

    (a) NMFS shall advise the permit holder or the designated agent of 
any observer requirement at least 24 hours (not including weekends and 
Federal holidays) before any trip for which NMFS received timely notice 
in compliance with these regulations.
    (b) The ``Notice Prior to Fishing Trip'' requirements in this 
subpart commit the permit holder to the representations in the notice. 
The notice can be modified by the permit holder or designated agent 
because of changed circumstance, if the Regional Administrator is 
promptly provided a modification to the notice that complies with the 
notice requirements. The notice will also be considered modified if the 
Regional Administrator and the permit holder or designated agent agrees 
to placement changes.
    (c) When NMFS notifies the permit holder or designated agent of the 
obligation to carry an observer in response to a notification under 
this subpart, or as a condition of an EFP issued under Sec.  665.17, 
the vessel may not engage in the fishery without taking the observer.
    (d) A NMFS observer shall arrive at the observer's assigned vessel 
30 minutes before the time designated for departure in the notice or 
the notice as modified, and will wait 1 hour for departure.
    (e) A permit holder must accommodate a NMFS observer assigned under 
these regulations. The Regional Administrator's office, and not the 
observer, will address any concerns raised over accommodations.
    (f) The permit holder, vessel operator, and crew must cooperate 
with the observer in the performance of the observer's duties, 
including:
    (1) Allowing for the embarking and debarking of the observer.
    (2) Allowing the observer access to all areas of the vessel 
necessary to conduct observer duties.
    (3) Allowing the observer access to communications equipment and 
navigation equipment as necessary to perform observer duties.
    (4) Allowing the observer access to VMS units to verify operation, 
obtain data, and use the communication capabilities of the units for 
official purposes.
    (5) Providing accurate vessel locations by latitude and longitude 
or loran coordinates, upon request by the observer.
    (6) Providing sea turtle, marine mammal, or seabird specimens as 
requested.
    (7) Notifying the observer in a timely fashion when commercial 
fishing operations are to begin and end.
    (g) The permit holder, operator, and crew must comply with other 
terms and conditions to ensure the effective deployment and use of 
observers that the Regional Administrator imposes by written notice.
    (h) The permit holder must ensure that assigned observers are 
provided living quarters comparable to crew members and are provided 
the same meals, snacks, and amenities as are normally provided to other 
vessel personnel. A mattress or futon on the floor or a cot is not 
acceptable if a regular bunk is provided to any crew member, unless 
other arrangements are approved in advance by the Regional 
Administrator.
    (i) Reimbursement requirements are as follows:
    (1) Upon observer verification of vessel accommodations and the 
number of assigned days on board, NMFS will reimburse vessel owners a 
reasonable amount for observer subsistence as determined by the 
Regional Administrator.
    (2) If requested and properly documented, NMFS will reimburse the 
vessel owner for the following:
    (i) Communications charges incurred by the observer.
    (ii) Lost fishing time arising from a seriously injured or 
seriously ill observer, provided that notification of the nature of the 
emergency is transmitted to the Observer Program, NMFS (see address for 
PIRO Regional Administrator) at the earliest practical time. NMFS will 
reimburse the owner only for those days during which the vessel is 
unable to fish as a direct result of helping the NMFS employee who is 
seriously injured or seriously ill. Lost fishing time is based on time 
travelling to and from the fishing grounds and any documented out-of-
pocket expenses for medical services. Payment will be based on the 
current target fish market prices and that vessel's average target fish 
catch retained per day at sea for the previous 2 years, but shall not 
exceed $5,000 per day or $20,000 per claim. Detailed billing with 
receipts and supporting records are required for allowable 
communication and lost fishing time claims. The claim must be completed 
in ink, showing the claimant's printed name, address, vessel name, 
observer name, trip dates, days observer was on board, an explanation 
of the charges, and claimant's dated signature with a statement 
verifying the claim to be true and correct. Requested reimbursement 
claims must be submitted to the Fisheries Observer Branch, Pacific 
Islands Region, NMFS. NMFS will not process reimbursement invoices and 
documentation submitted more than 120 days after the occurrence.
    (j) If a vessel normally has cabins for crew members, female 
observers on a vessel with an all-male crew must be accommodated either 
in a single person cabin or, if NMFS concludes that adequate privacy 
can be ensured by installing a curtain or other temporary divider, in a 
two-person shared cabin. If the vessel normally does not have cabins 
for crew members, alternative accommodations must be approved by NMFS. 
If a cabin assigned to a female observer does not have its own toilet 
and shower facilities that can be provided for the exclusive use of the 
observer, or if no cabin is assigned, then arrangements for sharing 
common facilities must be established and approved in advance by NMFS.


Sec.  665.809  Port privileges and transiting for unpermitted U.S. 
longline vessels.

    A U.S. longline fishing vessel that does not have a permit under 
subpart A of this part may enter waters of the fishery management area 
with western Pacific pelagic MUS on board, but may not land or 
transship any western Pacific pelagic MUS on board the vessel. The 
vessel's longline gear must be stowed or secured so it is rendered 
unusable during the time the vessel is in those waters.


Sec.  665.810  Prohibition of drift gillnetting.

    Fishing with drift gillnets in the fishery management area is 
prohibited, except where authorized by an EFP issued under Sec.  
665.17.


Sec.  665.811  [Reserved]


Sec.  665.812  Sea turtle take mitigation measures.

    (a) Possession and use of required mitigation gear. The gear 
required in paragraph (a) of this section must be

[[Page 60111]]

used according to the sea turtle handling requirements set forth in 
paragraph (b) of this section.
    (1) Hawaii longline limited access permits. Any owner or operator 
of a vessel registered for use under a Hawaii longline limited access 
permit must carry aboard the vessel line clippers meeting the minimum 
design standards specified in paragraph (a)(5) of this section, dip 
nets meeting the minimum design standards specified in paragraph (a)(6) 
of this section, and dehookers meeting the minimum design and 
performance standards specified in paragraph (a)(7) of this section.
    (2) Other longline vessels with freeboards of more than 3 ft 
(0.91m). Any owner or operator of a longline vessel with a permit 
issued under Sec.  665.801 other than a Hawaii limited access longline 
permit and that has a freeboard of more than 3 ft (0.91 m) must carry 
aboard the vessel line clippers meeting the minimum design standards 
specified in paragraph (a)(5) of this section, dip nets meeting the 
minimum design standards specified in paragraph (a)(6) of this section, 
and dehookers meeting this minimum design and performance standards 
specified in paragraph (a)(7) of this section.
    (3) Other longline vessels with freeboards of 3 ft (0.91 m) or 
less. Any owner or operator of a longline vessel with a permit issued 
under Sec.  665.801 other than a Hawaii limited access longline permit 
and that has a freeboard of 3 ft (0.91 m) or less must carry aboard 
their vessels line clippers capable of cutting the vessels fishing line 
or leader within approximately 1 ft (0.3 m) of the eye of an embedded 
hook, as well as wire or bolt cutters capable of cutting through the 
vessel's hooks.
    (4) Handline, troll, pole-and-line, and other vessels using hooks 
other than longline vessels. Any owner or operator of a vessel fishing 
under the Pelagics FEP with hooks other than longline gear are not 
required to carry specific mitigation gear, but must comply with the 
handling requirements set forth in paragraph (b) of this section.
    (5) Line clippers. Line clippers are intended to cut fishing line 
as close as possible to hooked or entangled sea turtles. NMFS has 
established minimum design standards for line clippers. The Arceneaux 
line clipper (ALC) is a model line clipper that meets these minimum 
design standards and may be fabricated from readily available and low-
cost materials (see Figure 3 to this part). The minimum design 
standards are as follows:
    (i) A protected cutting blade. The cutting blade must be curved, 
recessed, contained in a holder, or otherwise afforded some protection 
to minimize direct contact of the cutting surface with sea turtles or 
users of the cutting blade.
    (ii) Cutting blade edge. The blade must be capable of cutting 2.0-
2.1 mm monofilament line and nylon or polypropylene multistrand 
material commonly known as braided mainline or tarred mainline.
    (iii) An extended reach holder for the cutting blade. The line 
clipper must have an extended reach handle or pole of at least 6 ft 
(1.82 m).
    (iv) Secure fastener. The cutting blade must be securely fastened 
to the extended reach handle or pole to ensure effective deployment and 
use.
    (6) Dip nets. Dip nets are intended to facilitate safe handling of 
sea turtles and access to sea turtles for purposes of cutting lines in 
a manner that minimizes injury and trauma to sea turtles. The minimum 
design standards for dip nets that meet the requirements of this 
section nets are:
    (i) An extended reach handle. The dip net must have an extended 
reach handle of at least 6 ft (1.82 m) of wood or other rigid material 
able to support a minimum of 100 lb (34.1 kg) without breaking or 
significant bending or distortion.
    (ii) Size of dip net. The dip net must have a net hoop of at least 
31 inches (78.74 cm) inside diameter and a bag depth of at least 38 
inches (96.52 cm). The bag mesh openings may be no more than 3 inches 
by 3 inches (7.62 cm by 7.62 cm).
    (7) Dehookers.
    (i) Long-handled dehooker for ingested hooks. This item is intended 
to be used to remove ingested hooks from sea turtles that cannot be 
boated, and to engage a loose hook when a turtle is entangled but not 
hooked and line is being removed. One long-handled dehooker for 
ingested hooks is required on board. The minimum design and performance 
standards are as follows:
    (A) Hook removal device. The hook removal device must be 
constructed of \5/16\ inch (7.94 mm) 316 L stainless steel and have a 
dehooking end no larger than 1\7/8\ inches (4.76 cm) outside diameter. 
The device must be capable of securely engaging and controlling the 
leader while shielding the barb of the hook to prevent the hook from 
re-engaging during removal. It must not have any unprotected terminal 
points (including blunt ones), as these could cause injury to the 
esophagus during hook removal. The device must be of a size capable of 
securing the range of hook sizes and styles used by the vessel.
    (B) Extended reach handle. The hook removal device must be securely 
fastened to an extended reach handle or pole with a length equal to or 
greater than 150 percent of the vessel's freeboard or 6 ft (1.83 m), 
whichever is greater. It is recommended that the handle be designed so 
that it breaks down into sections. The handle must be sturdy and strong 
enough to facilitate the secure attachment of the hook removal device.
    (ii) Long-handled dehooker for external hooks. This item is 
intended to be used to remove externally-hooked hooks from sea turtles 
that cannot be boated. The long-handled dehooker for ingested hooks 
described in paragraph (a)(7)(i) of this section meets this 
requirement. The minimum design and performance standards are as 
follows:
    (A) Construction. The device must be constructed of 5/16 inch (7.94 
mm) 316 L stainless steel rod. A 5 inch (12.70 cm) tube T-handle of 1 
inch (2.54 cm) outside diameter is recommended, but not required. The 
dehooking end must be blunt with all edges rounded. The device must be 
of a size capable of securing the range of hook sizes and styles used 
by the vessel.
    (B) Handle. The handle must have a length equal to or greater than 
the vessel's freeboard or 3 ft (0.91 m), whichever is greater.
    (iii) Long-handled device to pull an ``inverted V.'' This item is 
intended to be used to pull an ``inverted V'' in the fishing line when 
disentangling and dehooking entangled sea turtles. One long-handled 
device to pull an ``inverted V'' is required on board. The long-handled 
dehooker for external hooks described in paragraph (a)(7)(ii) of this 
section meets this requirement. The minimum design and performance 
standards are as follows:
    (A) Hook end. It must have a hook-shaped end, like that of a 
standard boat hook or gaff, which must be constructed of stainless 
steel or aluminum.
    (B) Handle. The handle must have a length equal to or greater than 
150 percent of the vessel's freeboard or 6 ft (1.83 m), whichever is 
greater. The handle must be sturdy and strong enough to allow the hook 
end to be effectively used to engage and pull an ``inverted V'' in the 
line.
    (iv) Tire. This item is intended to be used for supporting a turtle 
in an upright orientation while it is on board. One tire is required on 
board, but an assortment of sizes is recommended to accommodate a range 
of turtle sizes. The tire must be a standard passenger vehicle tire and 
must be free of exposed steel belts.
    (v) Short-handled dehooker for ingested hooks. This item is 
intended to be used to remove ingested hooks,

[[Page 60112]]

externally hooked hooks, and hooks in the front of the mouth of sea 
turtles that can be boated. One short-handled dehooker for ingested 
hooks is required on board. The minimum design and performance 
standards are as follows:
    (A) Hook removal device. The hook removal device must be 
constructed of \1/4\ inch (6.35 mm) 316 L stainless steel, and the 
design of the dehooking end must be such to allow the hook to be 
secured and the barb shielded without re-engaging during the hook 
removal process. The dehooking end must be no larger than 1\5/16\ inch 
(3.33 cm) outside diameter. It must not have any unprotected terminal 
points (including blunt ones), as this could cause injury to the 
esophagus during hook removal. The dehooking end must be of a size 
appropriate to secure the range of hook sizes and styles used by the 
vessel.
    (B) Sliding plastic bite block. The dehooker must have a sliding 
plastic bite block, which is intended to be used to protect the sea 
turtle's beak and facilitate hook removal if the turtle bites down on 
the dehooker. The bite block must be constructed of a \3/4\ inch (1.91 
cm) inside diameter high impact plastic cylinder (for example, Schedule 
80 PVC) that is 10 inches (25.40 cm) long. The dehooker and bite block 
must be configured to allow for 5 inches (12.70 cm) of slide of the 
bite block along the shaft of the dehooker.
    (C) Shaft and handle. The shaft must be 16 to 24 inches (40.64 to 
60.69 cm) in length, and must have a T-handle 4 to 6 inches (10.16 to 
15.24 cm) in length and \3/4\ to 1\1/4\ inches (1.90 to 3.18 cm) in 
diameter.
    (vi) Short-handled dehooker for external hooks. This item is 
intended to be used to remove externally hooked hooks from sea turtles 
that can be boated. One short-handled dehooker for external hooks is 
required on board. The short-handled dehooker for ingested hooks 
required to comply with paragraph (a)(7)(v) of this section meets this 
requirement. The minimum design and performance standards are as 
follows:
    (A) Hook removal device. The hook removal device must be 
constructed of \5/16\ inch (7.94 cm) 316 L stainless steel, and the 
design must be such that a hook can be rotated out without pulling it 
out at an angle. The dehooking end must be blunt, and all edges 
rounded. The device must be of a size appropriate to secure the range 
of hook sizes and styles used by the vessel.
    (B) Shaft and handle. The shaft must be 16 to 24 inches (40.64 to 
60.69 cm) in length, and must have a T-handle 4 to 6 inches (10.16 to 
15.24 cm) in length and \3/4\ to 1\1/4\ inches (1.90 to 3.18 cm) in 
diameter.
    (vii) Long-nose or needle-nose pliers. This item is intended to be 
used to remove deeply embedded hooks from the turtle's flesh that must 
be twisted in order to be removed, and also to hold in place PVC splice 
couplings when used as mouth openers. One pair of long-nose or needle-
nose pliers is required on board. The minimum design standards are as 
follows: The pliers must be 8 to 14 inches (20.32 to 35.56 cm) in 
length. It is recommended that they be constructed of stainless steel 
material.
    (viii) Wire or bolt cutters. This item is intended to be used to 
cut through hooks in order to remove all or part of the hook. One pair 
of wire or bolt cutters is required on board. The minimum design and 
performance standards are as follows: The wire or bolt cutters must be 
capable of cutting hard metals, such as stainless or carbon steel 
hooks, and they must be capable of cutting through the hooks used by 
the vessel.
    (ix) Monofilament line cutters. This item is intended to be used to 
cut and remove fishing line as close to the eye of the hook as possible 
if the hook is swallowed or cannot be removed. One pair of monofilament 
line cutters is required on board. The minimum design standards are as 
follows: Monofilament line cutters must be 6 to 9 inches (15.24 to 
22.86 cm) in length. The blades must be 1\3/4\ (4.45 cm) in length and 
\5/8\ inches (1.59 cm) wide when closed.
    (x) Mouth openers and gags. These items are intended to be used to 
open the mouths of boated sea turtles, and to keep them open when 
removing ingested hooks in a way that allows the hook or line to be 
removed without causing further injury to the turtle. At least two of 
the seven different types of mouth openers and gags described below are 
required on board. The seven types and their minimum design standards 
are as follows.
    (A) A block of hard wood. A block of hard wood is intended to be 
used to gag open a turtle's mouth by placing it in the corner of the 
jaw. It must be made of hard wood of a type that does not splinter (for 
example, maple), and it must have rounded and smoothed edges. The 
dimensions must be 10 to 12 inches (24.50 to 30.48 cm) by \3/4\ to 1\1/
4\ inches (1.90 to 3.18 cm) by \3/4\ to 1\1/4\ inches (1.90 to 3.18 
cm).
    (B) A set of three canine mouth gags. A canine mouth gag is 
intended to be used to gag open a turtle's mouth while allowing hands-
free operation after it is in place. A set of canine mouth gags must 
include one of each of the following sizes: small (5 inches, 12.7 cm), 
medium (6 inches, 15.2 cm), and large (7 inches, 17.8 cm). They must be 
constructed of stainless steel. A 1\3/4\ inch (4.45 cm) long piece of 
vinyl tubing (\3/4\ inch, 1.91 cm) outside diameter and \5/8\ inch 
(1.59 cm) inside diameter) must be placed over the ends of the gags to 
protect the turtle's beak.
    (C) A set of two sturdy canine chew bones. A canine chew bone is 
intended to be used to gag open a turtle's mouth by placing it in the 
corner of the jaw. They must be constructed of durable nylon, zylene 
resin, or thermoplastic polymer, and strong enough to withstand biting 
without splintering. To accommodate a variety of turtle beak sizes, a 
set must include one large (5\1/2\ to 8 inches (13.97 to 20.32 cm) in 
length) and one small (3\1/2\ to 4\1/2\ inches (8.89 to 11.43 cm) in 
length) canine chew bones.
    (D) A set of two rope loops covered with hose. A set of two rope 
loops covered with a piece of hose is intended to be used as a mouth 
opener and to keep a turtle's mouth open during hook and/or line 
removal. A set consists of two 3-foot (0.91 m) lengths of poly braid 
rope, each covered with an 8 inch (20.32 cm) section of \1/2\ inch 
(1.27 cm) or \3/4\ inch (1.91 cm) light-duty garden hose, and each tied 
into a loop.
    (E) A hank of rope. A hank of rope is intended to be used to gag 
open a sea turtle's mouth by placing it in the corner of the jaw. A 
hank of rope is made from a 6 foot (1.83 m) lanyard of braided nylon 
rope that is folded to create a hank, or looped bundle, of rope. The 
hank must be 2 to 4 inches (5.08 to 10.16 cm) in thickness.
    (F) A set of four PVC splice couplings. PVC splice couplings are 
intended to be used to allow access to the back of the mouth of a 
turtle for hook and line removal by positioning them inside a turtle's 
mouth and holding them in place with long-nose or needle-nose pliers. 
The set must consist of the following Schedule 40 PVC splice coupling 
sizes: 1 inch (2.54 cm), 1\1/4\ inches (3.18 cm), 1\1/2\ inches (3.81 
cm), and 2 inches (5.08 cm).
    (G) A large avian oral speculum. A large avian oral speculum is 
intended to be used to hold a turtle's mouth open and control the head 
with one hand while removing a hook with the other hand. It must be 9 
inches (22.86 cm) in length and constructed of \3/16\ inch (4.76 mm) 
wire diameter surgical stainless steel (Type 304). It must be covered 
with 8 inches (20.32 cm) of clear vinyl tubing \5/16\ inch (7.94 mm) 
outside diameter, \3/16\ inch (4.76 mm) inside diameter.

[[Page 60113]]

    (b) Handling requirements. If a sea turtle is observed to be hooked 
or entangled in fishing gear from any vessel fishing under the Pelagics 
FEP, vessel owners and operators must use the required mitigation gear 
set forth in paragraph (a) of this section to comply with these 
handling requirements. Any hooked or entangled sea turtle must be 
handled in a manner to minimize injury and promote survival.
    (1) Sea turtles that cannot be brought aboard. In instances where a 
sea turtle is too large to be brought aboard or the sea turtle cannot 
be brought aboard without causing further injury to the sea turtle, the 
vessel owner or operator must disentangle and remove the gear, or cut 
the line as close as possible to the hook or entanglement, to remove 
the maximum amount of the gear from the sea turtle.
    (2) Sea turtles that can be brought aboard. In instances where a 
sea turtle is not too large to be brought aboard, or the sea turtle can 
be brought aboard without causing further injury to the turtle, the 
vessel owner or operator must take the following actions:
    (i) Immediately bring the sea turtle aboard;
    (ii) Handle the sea turtle in accordance with the procedures in 
paragraphs (b)(3) and (b)(4) of this section; and
    (iii) Disentangle and remove the gear, or cut the line as close as 
possible to the hook or entanglement, to remove the maximum amount of 
the gear from the sea turtle.
    (3) Sea turtle resuscitation. If a sea turtle appears dead or 
comatose, the following actions must be taken:
    (i) Place the sea turtle on its belly (on the bottom shell or 
plastron) so that the sea turtle is right side up and its hindquarters 
elevated at least 6 inches (15.24 cm) for a period of no less than 4 
hours and no more than 24 hours. The amount of the elevation varies 
with the size of the sea turtle; greater elevations are needed for 
larger sea turtles;
    (ii) Administer a reflex test at least once every 3 hours. The test 
is to be performed by gently touching the eye and pinching the tail of 
a sea turtle to determine if the sea turtle is responsive;
    (iii) Keep the sea turtle shaded and damp or moist (but under no 
circumstances place the sea turtle into a container holding water). A 
water-soaked towel placed over the eyes, carapace and flippers is the 
most effective method of keeping a sea turtle moist; and
    (iv) Return to the sea any sea turtle that revives and becomes 
active in the manner described in paragraph (b)(4) of this section. Sea 
turtles that fail to revive within the 24-hour period must also be 
returned to the sea in the manner described in paragraph (b)(4) of this 
section.
    (4) Sea turtle release. After handling a sea turtle in accordance 
with the requirements of paragraphs (b)(2) and (b)(3) of this section, 
the sea turtle must be returned to the ocean after identification 
unless NMFS requests the retention of a dead sea turtle for research. 
In releasing a sea turtle the vessel owner or operator must:
    (i) Place the vessel engine in neutral gear so that the propeller 
is disengaged and the vessel is stopped, and release the sea turtle 
away from deployed gear; and
    (ii) Observe that the turtle is safely away from the vessel before 
engaging the propeller and continuing operations.
    (5) Other sea turtle requirements. No sea turtle, including a dead 
turtle, may be consumed or sold. A sea turtle may be landed, offloaded, 
transshipped or kept below deck only if NMFS requests the retention of 
a dead sea turtle for research.


Sec.  665.813  Western Pacific longline fishing restrictions.

    (a) Annual effort limit on shallow-setting by Hawaii longline 
vessels.
    (1) A maximum annual limit of 2,120 is established on the number of 
shallow-set certificates that will be made available each calendar year 
to vessels registered for use under Hawaii longline limited access 
permits.
    (2) The Regional Administrator will divide the 2,120-set annual 
effort limit each calendar year into equal shares such that each holder 
of a Hawaii longline limited access permit who provides notice of 
interest to the Regional Administrator no later than November 1 prior 
to the start of the calendar year, pursuant to paragraph (a)(3) of this 
section, receives one share for each permit held. If such division 
would result in shares containing a fraction of a set, the annual 
effort limit will be adjusted downward such that each share consists of 
a whole number of sets.
    (3) Any permit holder who provides notice according to this 
paragraph (a) is eligible to receive shallow-set certificates. In order 
to be eligible to receive shallow-set certificates for a given calendar 
year, holders of Hawaii longline limited access permits must provide 
written notice to the Regional Administrator of their interest in 
receiving such certificates no later than November 1 prior to the start 
of the calendar year, except for 2004, the notification deadline for 
which is May 1, 2004.
    (4) No later than December 1 of each year, the Regional 
Administrator will send shallow-set certificates valid for the upcoming 
calendar year to all holders of Hawaii longline limited access permits, 
as of the just previous November 1, that provided notice of interest to 
the Regional Administrator pursuant to paragraph (a)(3) of this 
section.
    (b) Limits on sea turtle interactions.
    (1) Maximum annual limits are established on the numbers of 
physical interactions that occur each calendar year between leatherback 
and loggerhead sea turtles and vessels registered for use under Hawaii 
longline limited access permits while shallow-setting. The limits are 
based on the annual numbers of the two turtle species expected to be 
captured in the shallow-set component of the Hawaii-based fishery, as 
indicated in the incidental take statement of the biological opinion 
issued by NMFS pursuant to section 7 of the Endangered Species Act. If 
the numbers in the incidental take statement are modified or if a new 
biological opinion is issued, new rulemaking will be undertaken to 
change the interaction limits accordingly. The limits are as follows:
    (i) The annual limit for leatherback sea turtles (Dermochelys 
coriacea) is sixteen (16).
    (ii) The annual limit for loggerhead sea turtles (Caretta caretta) 
is seventeen (17).
    (2) Upon determination by the Regional Administrator that, based on 
data from NMFS observers, either of the two sea turtle interaction 
limits has been reached during a given calendar year:
    (i) As soon as practicable, the Regional Administrator will file 
for publication at the Office of the Federal Register a notification of 
the sea turtle interaction limit having been reached. The notification 
will include an advisement that the shallow-set component of the 
longline fishery shall be closed, and that shallow-set longline fishing 
north of the Equator by vessels registered for use under Hawaii 
longline limited access permits will be prohibited beginning at a 
specified date, until the end of the calendar year in which the sea 
turtle interaction limit was reached. Coincidental with the filing of 
the notification, the Regional Administrator will also provide actual 
notice that the shallow-set component of the longline fishery shall be 
closed, and that shallow-set longline fishing north of the Equator by 
vessels registered for use under Hawaii longline limited access permits 
will be prohibited beginning at a specified date,

[[Page 60114]]

to all holders of Hawaii longline limited access permits via telephone, 
satellite telephone, radio, electronic mail, facsimile transmission, or 
post.
    (ii) Beginning on the fishery closure date indicated by the 
Regional Administrator in the notification provided to vessel operators 
and permit holders and published in the Federal Register under 
paragraph (b)(2)(i) of this section, until the end of the calendar year 
in which the sea turtle interaction limit was reached, the Hawaii-based 
shallow-set component of the longline fishery shall be closed.
    (c) Owners and operators of vessels registered for use under a 
Hawaii longline limited access permit may engage in shallow-setting 
north of the Equator (0[deg] lat.) providing that there is on board one 
valid shallow-set certificate for every shallow-set that is made north 
of the Equator (0[deg] lat.) during the trip. For each shallow-set made 
north of the Equator (0[deg] lat.) vessel operators must submit one 
valid shallow-set certificate to the Regional Administrator. The 
certificate must be attached to the original logbook form that 
corresponds to the shallow-set and that is submitted to the Regional 
Administrator within 72 hours of each landing of MUS as required under 
Sec.  665.14.
    (d) Vessels registered for use under a Hawaii longline limited 
access permit may not have on board at any time during a trip for which 
notification to NMFS under Sec.  665.803(a) indicated that deep-setting 
would be done any float lines less than 20 meters in length or light 
sticks. As used in this paragraph ``float line'' means a line used to 
suspend the main longline beneath a float and ``light stick'' means any 
type of light emitting device, including any fluorescent ``glow bead,'' 
chemical, or electrically powered light that is affixed underwater to 
the longline gear.
    (e) Shallow-set certificates may be transferred only to holders of 
Hawaii longline limited access permits.
    (f) Any owner or operator of a vessel registered for use under any 
longline permit issued under Sec.  665.801 must use only offset circle 
hooks sized 18/0 or larger, with a 10[deg] offset, when shallow-setting 
north of the Equator (0[deg] lat.). As used in this paragraph, an 
offset circle hook sized 18/0 or larger is one with an outer diameter 
at its widest point no smaller than 1.97 inches (50 mm) when measured 
with the eye of the hook on the vertical axis (y-axis) and 
perpendicular to the horizontal axis (x-axis). As used in this 
paragraph, a 10[deg] offset is measured from the barbed end of the hook 
and is relative to the parallel plane of the eyed end, or shank, of the 
hook when laid on its side.
    (g) Any owner or operator of a vessel registered for use under any 
longline permit issued under Sec.  665.801 must use only mackerel-type 
bait when shallow-setting north of the Equator (0[deg] lat.). As used 
in this paragraph, mackerel-type bait means a whole fusiform fish with 
a predominantly blue, green or gray back and predominantly gray, silver 
or white lower sides and belly.
    (h) Owners and operators of vessels registered for use under a 
Hawaii longline limited access permit may make sets only of the type 
(shallow-setting or deep-setting) indicated in the notification to NMFS 
pursuant to Sec.  665.803(a).
    (i) Vessels registered for use under Hawaii longline limited access 
permits may not be used to engage in shallow-setting north of the 
Equator (0[deg] lat.) any time during which the shallow-set component 
of the longline fishery is closed pursuant to paragraph (b)(2)(ii) of 
this section.
    (j) Owners and operators of vessels registered for use under a 
Hawaii longline limited access permit may land or possess no more than 
10 swordfish from a fishing trip for which the permit holder notified 
NMFS under Sec.  665.803(a) that the vessel would engage in a deep-
setting trip.


Sec.  665.814  Protected species workshop.

    (a) Each year, both the owner and the operator of a vessel 
registered for use under any longline permit issued under Sec.  665.801 
must attend and be certified for completion of a workshop conducted by 
NMFS on interaction mitigation techniques for sea turtles, seabirds and 
other protected species.
    (b) A protected species workshop certificate will be issued by NMFS 
annually to any person who has completed the workshop.
    (c) An owner of a vessel registered for use under any longline 
permit issued under Sec.  665.801 must have a valid protected species 
workshop certificate issued by NMFS to the owner of the vessel, in 
order to maintain or renew their vessel registration.
    (d) An owner and an operator of a vessel registered for use under 
any longline permit issued under Sec.  665.801 must have on board the 
vessel a valid protected species workshop certificate issued by NMFS to 
the operator of the vessel, or a legible copy thereof.


Sec.  665.815  Pelagic longline seabird mitigation measures.

    (a) Seabird mitigation techniques. When deep-setting or shallow-
setting north of 23[deg] N. lat. or shallow-setting south of 23[deg] N. 
lat., owners and operators of vessels registered for use under a Hawaii 
longline limited access permit, must either side-set according to 
paragraph (a)(1) of this section, or fish in accordance with paragraph 
(a)(2) of this section.
    (1) Side-setting. Owners and operators of vessels opting to side-
set under this section must fish according to the following 
specifications:
    (i) The mainline must be deployed as far forward on the vessel as 
practicable, and at least 1 m (3.3 ft) forward from the stern of the 
vessel;
    (ii) The mainline and branch lines must be set from the port or the 
starboard side of the vessel;
    (iii) If a mainline shooter is used, the mainline shooter must be 
mounted as far forward on the vessel as practicable, and at least 1 m 
(3.3 ft) forward from the stern of the vessel;
    (iv) Branch lines must have weights with a minimum weight of 45 g 
(1.6 oz);
    (v) One weight must be connected to each branch line within 1 m 
(3.3 ft) of each hook;
    (vi) When seabirds are present, the longline gear must be deployed 
so that baited hooks remain submerged and do not rise to the sea 
surface; and
    (vii) A bird curtain must be deployed. Each bird curtain must 
consist of the following three components: a pole that is fixed to the 
side of the vessel aft of the line shooter and which is at least 3 m 
(9.8 ft) long; at least three main streamers that are attached at 
regular intervals to the upper 2 m (6.6 ft) of the pole and each of 
which has a minimum diameter of 20 mm (0.8 in); and branch streamers 
attached to each main streamer at the end opposite from the pole, each 
of which is long enough to drag on the sea surface in the absence of 
wind, and each of which has a minimum diameter of 10 mm (0.4 in).
    (2) Alternative to side-setting. Owners and operators of vessels 
that do not side-set must do the following:
    (i) Discharge fish, fish parts (offal), or spent bait while setting 
or hauling longline gear, on the opposite side of the vessel from where 
the longline gear is being set or hauled, when seabirds are present;
    (ii) Retain sufficient quantities of fish, fish parts, or spent 
bait between the setting of longline gear for the purpose of 
strategically discharging it in accordance with paragraph (a)(2)(i) of 
this section;
    (iii) Remove all hooks from fish, fish parts, or spent bait prior 
to its discharge in accordance with paragraph (a)(2)(i) of this 
section;
    (iv) Remove the bill and liver of any swordfish that is caught, 
sever its head

[[Page 60115]]

from the trunk and cut it in half vertically and periodically discharge 
the butchered heads and livers in accordance with paragraph (a)(2)(i) 
of this section;
    (v) When using basket-style longline gear north of 23[deg] N. lat., 
ensure that the main longline is deployed slack to maximize its sink 
rate;
    (vi) Use completely thawed bait that has been dyed blue to an 
intensity level specified by a color quality control card issued by 
NMFS;
    (vii) Maintain a minimum of two cans (each sold as 0.45 kg or 1 lb 
size) containing blue dye on board the vessel; and
    (viii) Follow the requirements in paragraphs (a)(3) and (a)(4) of 
this section, as applicable.
    (3) Deep-setting requirements. The following additional 
requirements apply to vessels engaged in deep-setting using a 
monofilament main longline north of 23[deg] N. lat. that do not side-
set. Owners and operators of these vessels must do the following:
    (i) Employ a line shooter; and
    (ii) Attach a weight of at least 45 g (1.6 oz) to each branch line 
within 1 m (3.3 ft) of the hook.
    (4) Shallow-setting requirement. In addition to the requirements 
set forth in paragraphs (a)(1) and (a)(2) of this section, owners and 
operators of vessels engaged in shallow-setting that do not side-set 
must begin the deployment of longline gear at least 1 hour after local 
sunset and complete the deployment no later than local sunrise, using 
only the minimum vessel lights to conform with navigation rules and 
best safety practices.
    (b) Short-tailed albatross handling techniques. If a short-tailed 
albatross is hooked or entangled by a vessel registered for use under a 
Hawaii longline limited access permit, owners and operators must ensure 
that the following actions are taken:
    (1) Stop the vessel to reduce the tension on the line and bring the 
bird on board the vessel using a dip net;
    (2) Cover the bird with a towel to protect its feathers from oils 
or damage while being handled;
    (3) Remove any entangled lines from the bird; and
    (4) Determine if the bird is alive or dead.
    (i) If dead, freeze the bird immediately with an identification tag 
attached directly to the specimen listing the species, location and 
date of mortality, and band number if the bird has a leg band. Attach a 
duplicate identification tag to the bag or container holding the bird. 
Any leg bands present must remain on the bird. Contact NMFS, the Coast 
Guard, or the U.S. Fish and Wildlife Service at the numbers listed on 
the Short-tailed Albatross Handling Placard distributed at the NMFS 
protected species workshop, inform them that you have a dead short-
tailed albatross on board, and submit the bird to NMFS within 72 hours 
following completion of the fishing trip.
    (ii) If alive, handle the bird in accordance with paragraphs (b)(5) 
through (11) of this section.
    (5) Place the bird in a safe enclosed place;
    (6) Immediately contact NMFS, the Coast Guard, or the U.S. Fish and 
Wildlife Service at the numbers listed on the Short-tailed Albatross 
Handling Placard distributed at the NMFS protected species workshop and 
request veterinary guidance;
    (7) Follow the veterinary guidance regarding the handling and 
release of the bird;
    (8) If the bird is externally hooked and no veterinary guidance is 
received within 24-48 hours, handle the bird in accordance with 
paragraphs (c)(4) and (c)(5) of this section, and release the bird only 
if it meets the following criteria:
    (i) Able to hold its head erect and respond to noise and motion 
stimuli;
    (ii) Able to breathe without noise;
    (iii) Capable of flapping and retracting both wings to normal 
folded position on its back;
    (iv) Able to stand on both feet with toes pointed forward; and
    (v) Feathers are dry.
    (9) Any seabird that is released in accordance with paragraph 
(b)(8) of this section or under the guidance of a veterinarian must be 
placed on the sea surface;
    (10) If the hook has been ingested or is inaccessible, keep the 
bird in a safe, enclosed place and submit it to NMFS immediately upon 
the vessel's return to port. Do not give the bird food or water; and
    (11) Complete the short-tailed albatross recovery data form issued 
by NMFS.
    (c) Non-short-tailed albatross seabird handling techniques. If a 
seabird other than a short-tailed albatross is hooked or entangled by a 
vessel registered for use under a Hawaii longline limited access permit 
owners and operators must ensure that the following actions are taken:
    (1) Stop the vessel to reduce the tension on the line and bring the 
seabird on board the vessel using a dip net;
    (2) Cover the seabird with a towel to protect its feathers from 
oils or damage while being handled;
    (3) Remove any entangled lines from the seabird;
    (4) Remove any external hooks by cutting the line as close as 
possible to the hook, pushing the hook barb out point first, cutting 
off the hook barb using bolt cutters, and then removing the hook shank;
    (5) Cut the fishing line as close as possible to ingested or 
inaccessible hooks;
    (6) Leave the bird in a safe enclosed space to recover until its 
feathers are dry; and
    (7) After recovered, release seabirds by placing them on the sea 
surface.


Sec.  665.816  American Samoa longline limited entry program.

    (a) General. Under Sec.  665.801(c), certain U.S. vessels are 
required to be registered for use under a valid American Samoa longline 
limited access permit. With the exception of reductions in permits in 
vessel size Class A under paragraph (c)(1) of this section, the maximum 
number of permits will be capped at the number of initial permits 
actually issued under paragraph (f) of this section.
    (b) Terminology. For purposes of this section, the following terms 
have these meanings:
    (1) Documented participation means participation proved by, but not 
necessarily limited to, a properly submitted NMFS or American Samoa 
logbook, an American Samoa creel survey record, a delivery or payment 
record from an American Samoa-based cannery, retailer or wholesaler, an 
American Samoa tax record, an individual wage record, ownership title, 
vessel registration, or other official documents showing:
    (i) Ownership of a vessel that was used to fish in the EEZ around 
American Samoa, or
    (ii) Evidence of work on a fishing trip during which longline gear 
was used to harvest western Pacific pelagic MUS in the EEZ around 
American Samoa. If the applicant does not possess the necessary 
documentation of evidence of work on a fishing trip based on records 
available only from NMFS or the Government of American Samoa (e.g., 
creel survey record or logbook), the applicant may issue a request to 
PIRO to obtain such records from the appropriate agencies, if 
available. The applicant should provide sufficient information on the 
fishing trip to allow PIRO to retrieve the records.
    (2) Family means those people related by blood, marriage, and 
formal or informal adoption.
    (c) Vessel size classes. The Regional Administrator shall issue 
American Samoa longline limited access permits in the following size 
classes:

[[Page 60116]]

    (1) Class A: Vessels less than or equal to 40 ft (12.2 m) LOA. The 
maximum number will be reduced as Class B-1, C-1, and D-1 permits are 
issued under paragraph (f)(5) of this section.
    (2) Class B: Vessels over 40 ft (12.2 m) to 50 ft (15.2 m) LOA.
    (3) Class B-1: Maximum number of 14 permits for vessels over 40 ft 
(12.2 m) to 50 ft (15.2 m) LOA, to be made available according to the 
following schedule:
    (i) Four permits in the first calendar year after the Regional 
Administrator has issued all initial permits in Classes A, B, C, and D 
(initial issuance);
    (ii) In the second calendar year after initial issuance, any 
unissued, relinquished, or revoked permits of the first four, plus four 
additional permits;
    (iii) In the third calendar year after initial issuance, any 
unissued, relinquished, or revoked permits of the first eight, plus 
four additional permits; and
    (iv) In the fourth calendar year after initial issuance, any 
unissued, relinquished, or revoked permits of the first 12, plus two 
additional permits.
    (4) Class C: Vessels over 50 ft (15.2 m) to 70 ft (21.3 m) LOA.
    (5) Class C-1: Maximum number of six permits for vessels over 50 ft 
(15.2) to 70 ft (21.3 m) LOA, to be made available according to the 
following schedule:
    (i) Two permits in the first calendar year after initial issuance;
    (ii) In the second calendar year after initial issuance, any 
unissued, relinquished, or revoked permits of the first two, plus two 
additional permits; and
    (iii) In the third calendar year after initial issuance, any 
unissued, relinquished, or revoked permits of the first four, plus two 
additional permits.
    (6) Class D: Vessels over 70 ft (21.3 m) LOA.
    (7) Class D-1: Maximum number of 6 permits for vessels over 70 ft 
(21.3 m) LOA, to be made available according to the following schedule:
    (i) Two permits in the first calendar year after initial issuance;
    (ii) In the second calendar year after initial issuance, any 
unissued, relinquished, or revoked permits of the first two, plus two 
additional permits; and
    (iii) In the third calendar year after initial issuance, any 
unissued, relinquished, or revoked permits of the first four, plus two 
additional permits.
    (d) A vessel subject to this section may only be registered with an 
American Samoa longline limited access permit of a size class equal to 
or larger than the vessel's LOA.
    (e) Initial permit qualification. Any U.S. national or U.S. citizen 
or company, partnership, or corporation qualifies for an initial 
American Samoa longline limited access permit if the person, company, 
partnership, or corporation, on or prior to March 21, 2002, owned a 
vessel that was used during the time of their ownership to harvest 
western Pacific pelagic MUS with longline gear in the EEZ around 
American Samoa, and that fish was landed in American Samoa:
    (1) Prior to March 22, 2002; or
    (2) Prior to June 28, 2002, provided that the person or business 
provided to NMFS or the Council, prior to March 22, 2002, a written 
notice of intent to participate in the pelagic longline fishery in the 
EEZ around American Samoa.
    (f) Initial permit issuance.
    (1) Any application for issuance of an initial permit must be 
submitted to PIRO no later than 120 days after the effective date of 
this final rule. The Regional Administrator shall publish a notice in 
the Federal Register, send notices to persons on the American Samoa 
pelagics mailing list, and use other means to notify prospective 
applicants of the availability of permits. Applications for initial 
permits must be made, and application fees paid, in accordance with 
Sec. Sec.  665.13(c)(1), 665.13(d), and 665.13(f)(2). A complete 
application must include documented participation in the fishery in 
accordance with Sec.  665.816(b)(1). If the applicant is any entity 
other than a sole owner, the application must be accompanied by a 
supplementary information sheet obtained from the Regional 
Administrator, containing the names and mailing addresses of all 
owners, partners, and corporate officers.
    (2) Only permits of Class A, B, C, and D will be made available for 
initial issuance. Permits of Class B-1, C-1, and D-1, will be made 
available in subsequent calendar years.
    (3) Within 30 days of receipt of a completed application, the 
Assistant Regional Administrator for Sustainable Fisheries, PIRO, shall 
make a decision on whether the applicant qualifies for an initial 
permit and will notify the successful applicant by a dated letter. The 
successful applicant must register a vessel, of the equivalent size 
class or smaller to which the qualifying vessel would have belonged, to 
the permit within 120 days of the date of the letter of notification, 
and maintain this vessel registration to the permit for at least 120 
days. The successful applicant must also submit a supplementary 
information sheet, obtained from the Regional Administrator, containing 
the name and mailing address of the owner of the vessel to which the 
permit is registered. If the registered vessel is owned by any entity 
other than a sole owner, the names and mailing addresses of all owners, 
partners, and corporate officers must be included.
    (4) An appeal of a denial of an application for an initial permit 
shall be processed in accordance with Sec.  665.801(o) of this subpart.
    (5) After all appeals on initial permits are concluded in any 
vessel size class, the maximum number of permits in that class shall be 
the number of permits issued during the initial issuance process 
(including appeals). The maximum number of permits will not change, 
except that the maximum number of Class A permits will be reduced if 
Class A permits are replaced by B-1, C-1, or D-1 permits under 
paragraph (h) of this section. Thereafter, if any Class A, B, C, or D 
permit becomes available, the Regional Administrator shall re-issue 
that permit according to the process set forth in paragraph (g) of this 
section.
    (g) Additional permit issuance.
    (1) If the number of permits issued in Class A, B, C, or D, falls 
below the maximum number of permits, the Regional Administrator shall 
publish a notice in the Federal Register, send notices to persons on 
the American Samoa pelagics mailing list, and use other means to notify 
prospective applicants of any available permit(s) in that class. Any 
application for issuance of an additional permit must be submitted to 
PIRO no later than 120 days after the date of publication of the notice 
on the availability of additional permits in the Federal Register. A 
complete application must include documented participation in the 
fishery in accordance with Sec.  665.816(b)(1). The Regional 
Administrator shall issue permits to persons according the following 
priority standard:
    (i) First priority accrues to the person with the earliest 
documented participation in the pelagic longline fishery in the EEZ 
around American Samoa on a Class A sized vessel.
    (ii) The next priority accrues to the person with the earliest 
documented participation in the pelagic longline fishery in the EEZ 
around American Samoa on a Class B size, Class C size, or Class D size 
vessel, in that order.
    (iii) In the event of a tie in the priority ranking between two or 
more applicants, the applicant whose second documented participation in 
the pelagic longline fishery in the EEZ around American Samoa is first 
in time will be ranked first in priority. If there is still a tie 
between two or more applicants,

[[Page 60117]]

the Regional Administrator will select the successful applicant by an 
impartial lottery.
    (2) Applications must be made, and application fees paid, in 
accordance with Sec. Sec.  665.13(c)(1), 665.13(d), and 665.13(f)(2). 
If the applicant is any entity other than a sole owner, the application 
must be accompanied by a supplementary information sheet, obtained from 
the Regional Administrator, containing the names and mailing addresses 
of all owners, partners, and corporate officers that comprise ownership 
of the vessel for which the permit application is prepared.
    (3) Within 30 days of receipt of a completed application, the 
Assistant Regional Administrator for Sustainable Fisheries shall make a 
decision on whether the applicant qualifies for a permit and will 
notify the successful applicant by a dated letter. The successful 
applicant must register a vessel of the equivalent vessel size or 
smaller to the permit within 120 days of the date of the letter of 
notification. The successful applicant must also submit a supplementary 
information sheet, obtained from the Regional Administrator, containing 
the name and mailing address of the owner of the vessel to which the 
permit is registered. If the registered vessel is owned by any entity 
other than a sole owner, the names and mailing addresses of all owners, 
partners, and corporate officers must be included. If the successful 
applicant fails to register a vessel to the permit within 120 days of 
the date of the letter of notification, the Assistant Regional 
Administrator for Sustainable Fisheries shall issue a letter of 
notification to the next person on the priority list or, in the event 
that there are no more prospective applicants on the priority list, re-
start the issuance process pursuant to paragraph (g)(1) of this 
section. Any person who fails to register the permit to a vessel under 
this paragraph (g)(3) within 120 days shall not be eligible to apply 
for a permit for 6 months from the date those 120 days expired.
    (4) An appeal of a denial of an application for a permit shall be 
processed in accordance with Sec.  665.801(o).
    (h) Class B-1, C-1, and D-1 Permits.
    (1) Permits of Class B-1, C-1, and D-1 will be initially issued 
only to persons who hold a Class A permit and who, prior to March 22, 
2002, participated in the pelagic longline fishery around American 
Samoa.
    (2) The Regional Administrator shall issue permits to persons for 
Class B-1, C-1, and D-1 permits based on each person's earliest 
documented participation, with the highest priority given to that 
person with the earliest date of documented participation.
    (3) A permit holder who receives a Class B-1, C-1, or D-1 permit 
must relinquish his or her Class A permit and that permit will no 
longer be valid. The maximum number of Class A permits will be reduced 
accordingly.
    (4) Within 30 days of receipt of a completed application for a 
Class B-1, C-1, and D-1 permit, the Regional Administrator shall make a 
decision on whether the applicant qualifies for a permit and will 
notify the successful applicant by a dated letter. The successful 
applicant must register a vessel of the equivalent vessel size or 
smaller to the permit within 120 days of the date of the letter of 
notification. The successful applicant must also submit a supplementary 
information sheet, obtained from the Regional Administrator, containing 
the name and mailing address of the owner of the vessel to which the 
permit is registered. If the registered vessel is owned by any entity 
other than a sole owner, the names and mailing addresses of all owners, 
partners, and corporate officers must be included.
    (5) An appeal of a denial of an application for a Class B-1, C-1, 
or D-1 permit shall be processed in accordance with Sec.  665.801(o).
    (6) If a Class B-1, C-1, or D-1 permit is relinquished, revoked, or 
not renewed pursuant to paragraph (j)(1) of this section, the Regional 
Administrator shall make that permit available according to the 
procedure described in paragraph (g) of this section.
    (i) Permit transfer. The holder of an American Samoa longline 
limited access permit may transfer the permit to another individual, 
partnership, corporation, or other entity as described in this section. 
Applications for permit transfers must be submitted to the Regional 
Administrator within 30 days of the transfer date. If the applicant is 
any entity other than a sole owner, the application must be accompanied 
by a supplementary information sheet, obtained from the Regional 
Administrator, containing the names and mailing addresses of all 
owners, partners, and corporate officers. After such an application has 
been made, the permit is not valid for use by the new permit holder 
until the Regional Administrator has issued the permit in the new 
permit holder's name under Sec.  665.13(c).
    (1) Permits of all size classes except Class A. An American Samoa 
longline limited access permit of any size class except Class A may be 
transferred (by sale, gift, bequest, intestate succession, barter, or 
trade) to the following persons only:
    (i) A Western Pacific community located in American Samoa that 
meets the criteria set forth in section 305(I)(2) of the Magnuson-
Stevens Act, 16 U.S.C. 1855(I)(2), and its implementing regulations, or
    (ii) Any person with documented participation in the pelagic 
longline fishery in the EEZ around American Samoa.
    (2) Class A Permits. An American Samoa longline limited access 
permit of Class A may be transferred (by sale, gift, bequest, intestate 
succession, barter, or trade) to the following persons only:
    (i) A family member of the permit holder,
    (ii) A Western Pacific community located in American Samoa that 
meets the criteria set forth in section 305(i)(2) of the Magnuson-
Stevens Act, 16 U.S.C. Sec.  1855, and its implementing regulations, or
    (iii) Any person with documented participation in the pelagic 
longline fishery on a Class A size vessel in the EEZ around American 
Samoa prior to March 22, 2002.
    (3) Class B-1, C-1, and D-1 Permits. Class B-1, C-1, and D-1 
permits may not be transferred to a different owner for 3 years from 
the date of initial issuance, except by bequest or intestate succession 
if the permit holder dies during those 3 years. After the initial 3 
years, Class B-1, C-1, and D-1 permits may be transferred only in 
accordance with the restrictions in paragraph (i)(1) of this section.
    (j) Permit renewal and registration of vessels.
    (1) Use requirements. An American Samoa longline limited access 
permit will not be renewed following 3 consecutive calendar years 
(beginning with the year after the permit was issued in the name of the 
current permit holder) in which the vessel(s) to which it is registered 
landed less than:
    (i) For permit size Classes A or B: a total of 1,000 lb (455 kg) of 
western Pacific pelagic MUS harvested in the EEZ around American Samoa 
using longline gear, or
    (ii) For permit size Classes C or D: a total of 5,000 lb (2,273 kg) 
of western Pacific pelagic MUS harvested in the EEZ around American 
Samoa using longline gear.
    (2) [Reserved]
    (k) Concentration of ownership of permits. No more than 10 percent 
of the maximum number of permits, of all size classes combined, may be 
held by the same permit holder. Fractional interest will be counted as 
a full permit for the

[[Page 60118]]

purpose of calculating whether the 10-percent standard has been 
reached.
    (l) Three year review. Within 3 years of the effective date of this 
final rule, the Council shall consider appropriate revisions to the 
American Samoa limited entry program after reviewing the effectiveness 
of the program with respect to its biological and socioeconomic 
objectives, concerning gear conflict, overfishing, enforceability, 
compliance, and other issues.


Sec.  665.817  American Samoa pelagic fishery area management.

    (a) Large vessel prohibited areas. A large vessel of the United 
States may not be used to fish for western Pacific pelagic MUS in the 
American Samoa large vessel prohibited areas as defined in paragraphs 
(b) and (c) of this section, except as allowed pursuant to an exemption 
issued under Sec.  665.818.
    (b) Tutuila Island, Manu'a Islands, and Rose Atoll (AS-1). The 
large vessel prohibited area around Tutuila Island, the Manu'a Islands, 
and Rose Atoll consists of the waters of the EEZ around American Samoa 
enclosed by straight lines connecting the following coordinates:

------------------------------------------------------------------------
                  Point                       S. lat.        W. long.
------------------------------------------------------------------------
AS-1-A..................................      13[deg]30'     167[deg]25'
AS-1-B..................................      15[deg]13'     167[deg]25'
------------------------------------------------------------------------


and from Point AS-1-A westward along the latitude 13[deg]30' S. until 
intersecting the U.S. EEZ boundary with Samoa, and from Point AS-1-B 
westward along the latitude 15[deg]13' S. until intersecting the U.S. 
EEZ boundary with Samoa.
     (c) Swains Island (AS-2). The large vessel prohibited area around 
Swains Island consists of the waters of the EEZ around American Samoa 
enclosed by straight lines connecting the following coordinates:

------------------------------------------------------------------------
                  Point                       S. lat.         W. long
------------------------------------------------------------------------
AS-2-A..................................      11[deg]48'     171[deg]50'
AS-2-B..................................      11[deg]48'     171[deg]20'
------------------------------------------------------------------------


and from Point AS-2-A northward along the longitude 171[deg]50' W. 
until intersecting the U.S. EEZ boundary with Tokelau, and from Point 
AS-2-B northward along the longitude 170[deg]20' W. until intersecting 
the U.S. EEZ boundary with Tokelau.


Sec.  665.818  Exemptions for American Samoa large vessel prohibited 
areas.

    (a) An exemption will be issued to a person who currently owns a 
large vessel to use that vessel to fish for western Pacific pelagic MUS 
in the American Samoa large vessel prohibited management areas, if the 
person seeking the exemption had been the owner of that vessel when it 
was registered for use with a Western Pacific general longline permit, 
and has made at least one landing of western Pacific pelagic MUS in 
American Samoa on or prior to November 13, 1997.
    (b) A landing of western Pacific pelagic MUS for the purpose of 
this section must have been properly recorded on a NMFS Western Pacific 
Federal daily longline form that was submitted to NMFS, as required in 
Sec.  665.14.
    (c) An exemption is valid only for a vessel that was registered for 
use with a Western Pacific general longline permit and landed western 
Pacific pelagic MUS in American Samoa on or prior to November 13, 1997, 
or for a replacement vessel of equal or smaller LOA than the vessel 
that was initially registered for use with a Western Pacific general 
longline permit on or prior to November 13, 1997.
    (d) An exemption is valid only for the vessel for which it is 
registered. An exemption not registered for use with a particular 
vessel may not be used.
    (e) An exemption may not be transferred to another person.
    (f) If more than one person, e.g., a partnership or corporation, 
owned a large vessel when it was registered for use with a Western 
Pacific general longline permit and made at least one landing of 
western Pacific pelagic MUS in American Samoa on or prior to November 
13, 1997, an exemption issued under this section will be issued to only 
one person.
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[FR Doc. E9-26557 Filed 11-18-09; 8:45 am]
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