[Federal Register Volume 78, Number 106 (Monday, June 3, 2013)]
[Rules and Regulations]
[Pages 32996-33007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13113]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 110819515-3444-02]
RIN 0648-BA98


Western Pacific Fisheries; Fishing in the Marianas Trench, 
Pacific Remote Islands, and Rose Atoll Marine National Monuments

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

ACTION: Final rule.

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SUMMARY: In this final rule, NMFS establishes requirements for fishing 
in the Marianas Trench, Pacific Remote Islands, and Rose Atoll Marine 
National Monuments. The intent of this rule is to implement fishery 
management measures consistent with Presidential Proclamations 8335, 
8336, and 8337, which established the monuments.

DATES: This final rule is effective on July 3, 2013, except for the 
amendments to Sec. Sec.  665.13, 665.14, and 665.16, and new Sec. Sec.  
665.903(b) and (c), 665.904(b), 665.905, 665.933(b) and (c), 
665.934(b), 665.935, 665.963(b) and (c), 665.964(b), and 665.965. Those 
sections contain collection-of-information requirements that the Office 
of Management and Budget (OMB) has not yet approved under the Paperwork 
Reduction Act (PRA). When NMFS receives OMB approval, we will publish 
the control number and the effective date in the Federal Register.

ADDRESSES: The background and details of the monuments fishing 
provisions are described in Amendment 3 to the Fishery Ecosystem Plan 
for the Mariana Archipelago, Amendment 2 to the Fishery Ecosystem Plan 
for the Pacific Remote Island Areas, Amendment 3 to the Fishery 
Ecosystem Plan for American Samoa, and Amendment 6 to the Fishery 
Ecosystem Plan for Pelagic Fisheries of the Western Pacific. You may 
obtain the amendment from www.regulations.gov or 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 from 
www.wpcouncil.org.
    You may submit written comments regarding the burden-hour estimates 
or other aspects of the collection-of-information requirements 
contained in this final rule to Michael D. Tosatto (see ADDRESSES) and 
by email to [email protected] or fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIR Sustainable 
Fisheries, tel 808-944-2108.

SUPPLEMENTARY INFORMATION: The Council and NMFS manage Pacific Island 
fisheries through fishery ecosystem plans (FEP) for American Samoa, the 
Mariana Archipelago (Guam and the Commonwealth of the Northern Mariana 
Islands (CNMI)), the Pacific Remote Island Areas (PRIA), Hawaii, and 
western Pacific pelagic fisheries. Fishing regulations for the Pacific 
Islands are found mostly in Title 50 of the Code of Federal 
Regulations, Part 665.
    On January 6, 2009, President Bush issued Presidential 
Proclamations that established three marine national monuments in the 
Pacific Islands under the authority of the Antiquities Act. 
Proclamation 8335 established the Marianas Trench Monument, 
Proclamation 8336 established the Pacific Remote Islands Monument, and 
Proclamation 8337 established the Rose Atoll Monument. The 
Proclamations define the monuments' boundaries, prohibit commercial 
fishing, and describe the management of monument resources. The 
Proclamations direct the Secretary of Commerce, in consultation with 
the Secretary of the Interior, to take action under the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
to regulate fisheries and ensure proper care and management of the 
monuments, including allowing for traditional indigenous fishing 
practices.
    The Council recommended incorporating the Proclamations' fishery 
management provisions into its FEPs, and recommended that NMFS 
establish certain provisions relating to traditional indigenous fishing 
practices. This final rule implements the Council's recommendations. 
Consistent with the Proclamations, and based on recommendations from 
the Council, this final rule creates three new subparts in 50 CFR Part 
665, one for each of the three monuments. The rule implements new 
requirements as follows:
     Codify the boundaries of the monuments and their various 
management units.
     Prohibit commercial fishing in the Pacific Remote Islands 
and Rose Atoll Monuments, and in the Islands Unit of the Marianas 
Trench Monument.
     Establish management measures for non-commercial and 
recreational fishing in the monuments to include the following:
    [cir] Require Federal permits and reporting for non-commercial and

[[Page 32997]]

recreational charter fishing to aid in the monitoring of fishing 
activities.
    [cir] Allow customary exchange in non-commercial fisheries in the 
Marianas Trench and Rose Atoll Monuments to help preserve traditional, 
indigenous, and cultural fishing practices, on a sustainable basis.
    [cir] Define customary exchange as the non-market exchange of 
marine resources between fishermen and community residents, including 
family and friends of community residents, for goods, and/or services 
for cultural, social, or religious reasons, and which may include cost 
recovery through monetary reimbursements and other means for actual 
trip expenses, including but not limited to ice, bait, food, or fuel, 
that may be necessary to participate in fisheries in the western 
Pacific.
    [cir] Limit permit eligibility for non-commercial fishing to 
community residents, as identified in the fishery ecosystem plans--
specifically, American Samoa, Guam and the CNMI are fishing 
communities--and limit permit eligibility for recreational charters to 
businesses of local fishing communities for the Rose Atoll Monument and 
Marianas Trench Monument Islands Unit.
    [cir] Prohibit all fishing within 12 nm of islands in the Pacific 
Remote Islands Monument, subject to U.S. Fish & Wildlife Service 
authority to allow non-commercial fishing in consultation with NMFS and 
the Council. For the purposes of this final rule, consultation means 
that the U.S. Fish & Wildlife Service will consult with NMFS, which in 
turn will consult with the Council.
    [cir] Prohibit all fishing within 12 nm around Rose Atoll. The 
Council and NMFS would review this regulation after three years.
     Prohibit the conduct of commercial fishing outside a 
monument and non-commercial fishing within the monument during the same 
trip.
    To incorporate the new permits that this final rule establishes, 
NMFS is making administrative housekeeping changes to the Federal 
permit and reporting requirements at Sec. Sec.  665.13 and 665.14, and 
the vessel identification requirements at Sec.  665.16.
    NMFS is also making administrative housekeeping changes to the 
requirements for low-use marine protected areas in the Pacific Remote 
Islands. NMFS had previously allowed limited fishing at Johnston Atoll, 
Palmyra Atoll, and Wake Island. Because this final rule prohibits 
fishing within 12 nm of those islands, it supersedes the provisions 
allowing fishing in the low-use marine protected areas. To eliminate 
the potential conflicting requirements, NMFS is removing the provisions 
allowing limited take in the monuments. Specifically, NMFS is removing 
the definition of the low-use area at Sec.  665.599, applicable permit 
provisions at Sec.  665.624, and the related prohibition at Sec.  
665.625.
    Additional background information on this final rule is found in 
the preamble to the proposed rule published on February 21, 2013 (78 FR 
12015), and is not repeated here.
Comments and Responses
    On February 21, 2013, NMFS published a proposed rule and request 
for public comments (78 FR 12015); the comment period ended April 8, 
2013. NMFS received multiple comments from 13 sources, including 
individuals, non-governmental organizations and the U.S. Department of 
the Interior, and responds as follows:
    Comment 1: Customary exchange fishing for cultural and ceremonial 
needs continues to be an important motive for initiating fishing trips 
and for sharing catches widely among the indigenous people of the 
Marianas and American Samoa.
    Response: NMFS agrees that providing fish for family and friends is 
a common motivation for initiating fishing trips in the U.S. Pacific 
Islands, including areas encompassed by the Monuments.
    Comment 2: Without access to some cost recovery, it is doubtful 
that indigenous fishermen will be able to fish in the Monuments at all.
    Response: We agree. NMFS and the Council recognize that fishing 
trips into the Monuments can involve traveling great distances and 
incurring high expenses. Allowing cost recovery of actual trip expenses 
through monetary reimbursements or other means enables the continuation 
of traditional access to the Monuments, perpetuates the practice of 
customary exchange, and is consistent with the traditional indigenous 
fishing provisions of the Presidential Proclamations.
    Comment 3: The proposed definition of customary exchange equates to 
commercial fishing.
    Response: The definition of customary exchange in this rule does 
not equate to commercial fishing within the meaning of the 
Proclamations. Proclamations 8335 establishing the Mariana Trench 
Monument and Proclamation 8337 establishing the Rose Atoll Monument 
require the Secretaries to prohibit commercial fishing while allowing 
sustainable non-commercial fishing, including traditional indigenous 
fishing practices. Neither the Antiquities Act, on which the 
Proclamations are based, nor the Proclamations themselves define 
commercial or non-commercial fishing. Instead, the ban on commercial 
fishing in the Proclamations must be read in context with the remainder 
of the Proclamations establishing the Monuments. The Proclamations 
clearly allow traditional indigenous fishing practices within the 
Monuments. Further, the Council's amendment establishes based on ample 
historical and sociological research that customary exchange of fish is 
an important element of traditional indigenous fishing practices in the 
region. In light of the foregoing, reading the term ``noncommercial'' 
to include ``customary exchange'' is consistent with the Proclamations' 
directives and does not conflict with the Proclamations' prohibition on 
commercial fishing. The rule, moreover, includes several safeguards and 
monitoring tools to ensure non-commercial fishing is sustainable, such 
as permit and catch logbook reporting requirements, and limitations on 
permit eligibility.
    Comment 4: The final rule should contain one or more additional 
mechanisms to ensure enforcement of the ban on commercial fishing and 
ensure that customary exchange does not cross the line into commercial 
fishing. Such mechanisms could include (1) limit customary exchange to 
fishing practices that were part of the cultural, social, or religious 
tradition of local communities at the time the proclamations were 
issued, consistent with the Proclamations' allowance for ``traditional 
indigenous fishing,'' (2) establish bag limits for noncommercial 
fishing, (3) cap the amount of money that can be received through 
customary exchange, or (4) require fishermen to report fishing trip 
expenses and cash sales.
    Response: The Council and NMFS considered these suggested 
mechanisms when developing the customary exchange provisions. Given the 
low level of commercial fishing in the past, and the low level of non-
commercial fishing anticipated under this final rule, the Council and 
NMFS concluded that additional requirements are unnecessary at this 
time and could be counter-productive. There is a lack of scientific 
data to support the effectiveness of bag limits as a management tool 
for harvests of small amounts of pelagic species in the Monuments. 
Logbooks will be required to monitor non-commercial fishing activity in 
the Monuments, and NMFS and the Council may consider

[[Page 32998]]

additional requirements or restrictions in the future, if necessary. 
Additional requirements to report fishing trip expenses and cash sales 
run counter to cultural values and benefits of sharing fish, and could 
change fishing motivation and/or practice of customary exchange.
    Comment 5: Absent some means of tracking expenses and 
reimbursements, it will be impossible to determine whether vessel 
owners or operators participating in customary exchange are being 
reimbursed for trip or non-trip expenses beyond those that the 
regulations contemplate. Therefore, there should be additional 
requirements on the customary exchange provision to ensure that 
reimbursements do not exceed actual trip expenses. This could include 
requirements for vessel owners and operators to report per trip 
expenses and monetary reimbursements as part of the logbook reporting 
requirements.
    Response: See response to Comment 4.
    Comment 6: To ensure that the practice of customary exchange does 
not lead eventually to commercial fishing, and to aid enforcement in 
determining when cash reimbursements exceed actual trip expenses, the 
final rule should require recordation of monetary reimbursements and 
trip expenses.
    Response: See response to Comment 4.
    Comment 7: The final rule should include a definition of Community 
Residents to include individuals either born in the relevant 
localities, or who have resided there for a period not less than one 
year, to bolster the regulations' goal of allowing customary exchange 
to ``help preserve traditional indigenous and cultural fishing 
practices.''
    Response: Guam, the CNMI, and American Samoa are all identified as 
fishing communities in the FEPs (64 FR 19067, April 19, 1999) as 
defined under the Magnuson-Stevens Act. Thus, all persons that reside 
in fishing communities are community residents, regardless of how long 
they have been residents or whether they were born there. Given the low 
level of non-commercial fishing and customary exchange anticipated 
under this final rule, the Council and NMFS concluded that additional 
requirements or restrictions are unnecessary. Moreover, imposing 
additional time and birth requirements could frustrate the 
Proclamations' objective of allowing the continuation of community-
based indigenous and cultural fishing, as traditionally practiced, 
including customary exchange.
    Comment 8: Trip expenses should be limited only to ice, bait, fuel, 
and food. Unless circumscribed, actual trip expense might include a 
number of expenses, such as boat repairs or new equipment, which exceed 
the definition of customary exchange.
    Response: NMFS clarifies here that for the purpose of customary 
exchange, actual trip expenses means only those expenses a non-
commercial permit holder incurs specifically to make a non-commercial 
fishing trip. Actual trip expenses generally include ice, bait, fuel, 
food, but can also include other trip expenses such as equipment or 
repairs specific to a fishing trip to a monument. Because NMFS and the 
Council cannot foresee every actual trip expense, a specific list is 
not appropriate. NMFS does not consider actual trip expenses to include 
expenses that a permit holder would incur without making a fishing trip 
to the Monument, including expenses relating to dock space, vessel 
mortgage payments, routine vessel maintenance, vessel registration 
fees, safety equipment required by U.S. Coast Guard, and other 
incidental costs and expenses normally associated with ownership of a 
vessel.
    Comment 9: NMFS should prohibit community residents and their 
families and friends who obtain fish through customary exchange from 
selling, exchanging, bartering, or transferring those fish to persons 
outside the community. Prohibiting secondary transfers would help 
safeguard against unlawful commercial fishing, and ensure that the 
benefits of customary exchange are enjoyed only within the local 
community.
    Response: NMFS disagrees that it is necessary to prohibit secondary 
sales and exchanges of fish obtained through customary exchange. The 
ample record considered by the Council does not include any evidence 
that secondary sales or exchanges of fish under customary exchange are 
either likely to occur, or would increase the likelihood of prohibited 
commercial fishing in the Monuments. Moreover, the comment letters 
provide no information beyond speculation that secondary sales and 
exchanges of fish would increase the risk of unauthorized commercial 
fishing. The Council's FEP amendments describe how customary exchange 
is an important element of traditional indigenous fishing practices in 
the region. As described in the amendments, customary exchange may 
include friends and family of community residents that live outside the 
community, but return regularly to participate in cultural and family 
events. The Council determined, and NMFS agrees, that prohibiting 
family and friends of community residents from sharing fishery 
resources harvested from the Rose Atoll Monument and the Marianas 
Trench Monument Islands Unit would be contrary to the community 
practices that are being preserved, and would be inconsistent with 
Chamorro, Carolinian, and American Samoan culture and tradition. In 
addition, based on the expected low level of participation in customary 
exchange, as fully documented in the Council record, as well as several 
safeguards and monitoring tools to ensure that non-commercial fishing 
is sustainable, NMFS does not believe that restrictions on secondary 
transfers are necessary at this time.
    Comment 10: The definition of customary exchange should explicitly 
state that no monetary exchange may occur at any level in association 
with any fish caught in either the Islands Unit of the Mariana Trench 
Monument or the Rose Atoll Monument. This will prevent community 
residents who obtain fish through customary exchange from potentially 
receiving substantial monetary gain, beyond the costs associated with 
the trip.
    Response: We disagree. As documented in the FEP amendments for this 
action, NMFS and the Council evaluated information from recent and 
historical fishing trips to the Rose Atoll and Mariana Trench 
Monuments, and concluded that the costs of a Monument fishing trip may 
range from several hundred to several thousand dollars. Therefore, 
allowing fishermen to recover actual trip expenses through monetary 
reimbursements or other means is necessary to provide for continued 
traditional access to the Monuments. Limiting reimbursements to actual 
trip expenses will help provide a necessary safeguard against the 
conduct of commercial fishing.
    Comment 11: Without permit and catch limits, customary exchange 
could enable an unlimited number of residents and boats to go to 
Monument waters and fish until there are no more fish, thereby 
defeating any ideas of conservation or sustainability.
    Response: Given the past low levels of fishing occurring in marine 
waters now designated as the Rose Atoll Monument and Marianas Trench 
Monument Islands Unit, NMFS notes that the regulations prohibiting 
commercial fishing, requiring fishing permits and catch reporting, 
limiting permit eligibility only to community residents and local 
businesses, and limiting customary exchange to include cost recovery 
only for actual trip expenses are appropriate constraints at this time 
to ensure non-commercial fishing is managed

[[Page 32999]]

sustainably. Additionally, the permit and catch reporting requirements 
will provide information that NMFS and the Council need to monitor 
catch and effort in the Monuments and develop additional requirements, 
if necessary.
    Comment 12: Before the establishment of the Monuments, there was 
very little indigenous and arguably no cultural fishing occurring in 
any Monument waters. This is not a deeply rooted cultural tradition in 
Monument waters. There is nothing to preserve here, since the activity 
of traditional, indigenous, and cultural fishing have been negligible.
    Response: The Council's FEP amendments that support this final rule 
includes analysis of studies and published papers that document fishing 
trips to Rose Atoll and the Mariana Trench Monument Islands Unit. 
Notwithstanding the relatively low number of fishing trips to areas 
within the Monuments, their cultural importance to fishing communities 
traditionally dependent on fishery resources is well documented. This 
final rule will manage and preserve those traditional fishing 
practices.
    Comment 13: In all monument areas, there should be catch limits on 
all fishing based on biological perimeters specified in a comprehensive 
fisheries ecosystem plan (FEP), and based on a precautionary approach 
when biological data are limited.
    Response: The setting of annual catch limits as specified in the 
FEP is beyond the scope of this rule. By way of further response, we 
note that we have specified catch limits applicable to the Rose Atoll 
and Mariana Trench Monuments. On March 13, 2013, NMFS issued a final 
rule specifying the 2013 annual catch limits and accountability 
measures for all federally managed bottomfish, crustacean, precious 
coral, and coral reef ecosystem resources in American Samoa, Guam, and 
the CNMI (78 FR 15885). NMFS and the Council specified the limits and 
accountability measures based on the process described in each western 
Pacific FEP, and codified at 50 CFR 665.4.
    Specifically, the regulations require NMFS to specify, every 
fishing year, an ACL for each stock and stock complex of management 
unit species included in an FEP, as recommended by the Council and in 
consideration of the best available scientific, commercial, and other 
information about the fishery. Catches of bottomfish, crustacean, 
precious coral, and coral reef ecosystem resources from the Rose Atoll 
and Mariana Trench Monuments will be counted towards the specified 
catch limits.
    With respect to the Pacific Remote Islands Monument, NMFS did not 
specify catch limits for bottomfish, crustacean, precious coral, or 
coral reef ecosystem resources because there is no suitable habitat for 
these fisheries beyond the 12 nm no-fishing zone, except at Kingman 
Reef, where fishing for these resources does not occur.
    Within all Monument areas, the level of non-commercial fishing is 
expected to be quite low. NMFS will continue to analyze all sources of 
fishing mortality in the Monuments, and will consider establishing 
Monument-specific ACL's if they become necessary. Specifically, fishing 
permit and catch reporting requirements, and the provision for 
consultation with the USFWS will provide information that NMFS and the 
Council need to monitor catch and effort in the monuments, and develop 
additional fishing requirements, including Monument-specific catch 
limits for species that may require them.
    Comment 14: Before any fishing occurs at all, a scientific baseline 
study should be done to determine what the waters could support without 
human intervention.
    Response: A baseline study without fishing is impossible to conduct 
because fishing in waters now encompassed by the Monument has long been 
conducted and continues to occur, although at low levels. Nonetheless, 
NMFS, in collaboration with the Council and other federal and local 
agencies have conducted biological and social assessments within waters 
now encompassed by the Monument. NMFS and the Council considered this 
information in developing and assessing the environmental impacts of 
the fishing regulations and found that the level of non-commercial 
fishing anticipated under the regulations is sustainable.
    Comment 15: Only non-commercial fishing using natural materials 
should be allowed in the Mariana Trench Marine National Monument 
Waters.
    Response: In developing monument regulations for traditional 
indigenous fishing, NMFS and the Council found that traditional 
indigenous fishing gear and practices necessarily evolve to provide for 
greater comfort, safety, and efficiency. We consider the use of modern 
gear integral to both maintaining traditional indigenous fishing in the 
Monuments, and preserving the safety of human life at sea consistent 
with National Standard 10.
    Comment 16: There should be a prohibition on subsistence fishing in 
the island units of the Mariana Trench Marine National Monument, except 
in support of Native Chamorro/Carolinian cultural, religious, and 
subsistence practices consistent with the long-term conservation and 
protection of the region.
    Response: The benefits derived from non-commercial fishing should 
apply to all fishing communities that have been historically dependent 
on fishery resources in the Monument. In developing the definition of 
non-commercial fishing, NMFS and the Council considered the concept of 
subsistence fishing, which in Guam and CNMI includes the non-market 
exchange of marine resources between fishermen and community residents, 
including family and friends of community residents, for cultural, 
social or religious purposes, and supports the long-term sustainability 
of monument fishery resources.
    Comment 17: The Northern Islands should be a sanctuary for the 
indigenous people of the CNMI (people of Northern Mariana Descent). The 
monument area should be jointly managed so that our indigenous fishing 
rights are protected and that any person of Northern Mariana's Decent 
should be allowed to fish in the Monument area.
    Response: To ensure that non-commercial fishing is conducted on a 
sustainable basis consistent with the Proclamation, this final rule 
requires NMFS to issue non-commercial fishing permits only to a 
community resident of Guam or the CNMI, or a fishing charter business 
established legally under the laws of Guam or the CNMI. This includes 
people indigenous to the Mariana Islands residing in CNMI and Guam. 
Additionally, NMFS and the Council will continue to consult the Mariana 
Monument Advisory Council and the CNMI government on Monument 
management issues, including indigenous fishing rights.
    Comment 18: NMFS should require all fish to be eaten within 
monument boundaries in all the marine national monuments.
    Response: Such a restriction would not allow for the traditional 
indigenous fishing practice of customary exchange, and is not necessary 
for the sustainable management of non-commercial fishing in the 
Monuments.
    Comment 19: Codify in regulation, the coordinates of the 12 
nautical mile no-take zone around the Pacific Remote Islands and Rose 
Atoll Monuments. This will enable marine vessels to comply with the 
prohibition on fishing.
    Response: Codifying the prohibition on fishing within 12 nm 
provides sufficient information for compliance and enforcement. If it 
becomes clear that the administration or enforcement of the restricted 
areas would benefit from

[[Page 33000]]

codifying the boundary coordinates, the Council or NMFS could propose 
that in a future rulemaking.
    Comment 20: After the regulations are finalized, chart the relevant 
boundaries of the Pacific Monuments on NOAA nautical charts.
    Response: NMFS will contact NOAA's Office of Coast Survey for 
consideration of plotting relevant boundaries of the Pacific Monuments 
on future charts.
    Comment 21: The regulations at Sec.  665.599 should clarify that 
the no-take zone in the PRI monument extends 12 nm seaward of the low 
water mark, and not landward of the 50-fm curve.
    Response: This final rule prohibits non-commercial fishing within 
12 nm of emergent land within the PRIA Monument. See 50 CFR 665.933(e). 
The 12 nm no-take areas fully enclose the pre-existing 50-fm no-take 
areas that are codified at Sec.  665.599. This final rule does not 
alter those areas, but NMFS will remove the redundant 50-fm no-take 
areas in a future housekeeping change.
    Comment 22: Maug Island lagoon should have special protections to 
exclude all fishing.
    Response: NMFS and the Council did not consider a fishing 
prohibition for Federal waters at Maug Island because there is no 
information indicating that the low level of fishing that occurs there 
poses a threat to any marine resource.
    Comment 23: Non-commercial fishing should be allowed within 12 nm 
of Rose Atoll. Traditional fishing at Rose Atoll mostly occurs on the 
coral reefs, which are within three miles from shore. Prohibiting all 
types of fishing within 12 nm around Rose, basically prohibits going to 
Rose for traditional fishing.
    Response: Federal regulations at Sec.  665.99, which became 
effective on March 25, 2004 (69 FR 8336, February 24, 2004) already 
prohibit fishing landward of the 50-fm isobath around Rose Atoll to 
help protect coral reef ecosystem resources. The regulations extending 
the fishing prohibition to 12 nm around Rose Atoll is intended to help 
protect local bottomfish, coral reef ecosystem, and pelagic resources. 
However, the regulations maintain traditional access and fishing 
opportunities outside of 12 nm for culturally significant pelagic 
resources, including skipjack tuna. As described in the proposed rule 
(78 FR 12015, February 21, 2013), the Council will review this closed 
area after a three-year period; the review will include a review of the 
closure's impacts on residents of American Samoa, including the Manua 
Islands.
    Comment 24: The proposed 12 nautical miles prohibited fishing zone 
around Rose Atoll does not allow the indigenous people of American 
Samoa to fish within the zone. The people of the Manua Islands request 
that the Council revisit the proposed 12 nm prohibited fishing zone 
around Muliava (Rose) Atoll and take into account the conservation need 
for the closure as well as the effect this has on our cultural and 
religious rights as indigenous Samoans.
    Response: See response to comment 23.
    Comment 25: The indigenous people of Aunuu Island voiced a strong 
objection to the inclusion of Aunuu fishing grounds to the extension of 
the American Samoa National Marine Sanctuary.
    Response: Changes to the Sanctuary boundaries are outside the scope 
of this final rule. NMFS will forward the comment to NOAA's Office of 
National Marine Sanctuaries.
    Comment 26: The residency requirement for permit eligibility 
appears to prevent recreational fishing from charters and private 
vessels, including by individuals on scientific research vessels, who 
visit the Monuments from other locations.
    Response: The Council and NMFS believe that restricting non-
commercial fishing opportunities to residents of fishing communities 
that are traditionally dependent upon marine resources in the Monuments 
was necessary to ensure sustainability, and is consistent with the 
intent of the Proclamations. Individuals who are not residents of 
American Samoa, Guam, or the CNMI are not eligible for applicable non-
commercial fishing permits. However, they may fish recreationally as a 
guest aboard a permitted non-commercial vessel or recreational charter 
vessel. A person aboard a scientific research vessel may fish 
recreationally only in the Rose Atoll and the Mariana Trench Monuments 
Islands Unit, if the owner and operator of the vessel possess a non-
commercial permit, or recreational charter permit.
    Comment 27: Delete reference to all requirements that the USFWS 
consult with the Council on activities within 12 nm of the Pacific 
Remote Islands Monument on the basis that it is inconsistent with 
Proclamation 8336, which only requires the Secretary of the Interior to 
consult with the Secretary of Commerce.
    Response: Requiring consultation with the Council is consistent 
with 16 U.S.C. 1851(a)(15), 50 CFR 600.310(i), and the FEP for the 
Pacific Remote Island Areas, under which the Council must account for 
all sources of fishing mortality within 12 nm of land in future 
determinations of catch limits. Consultation on USFWS permits will help 
inform those decisions. However, NMFS is clarifying in the final rule 
that consistent with the Proclamations, consultation means that the 
U.S. Fish and Wildlife Service will consult with NMFS, which in turn 
will consult with the Council.
    Comment 28: The USFWS should only consult with NMFS, not the 
Council, regarding potential non-commercial fishing within 12 nm no-
take zone of the PRI Monument because requiring such consultation would 
needlessly delay the decision-making process to the detriment of those 
seeking a permit.
    Response: See response to comment 27.
    Comment 29: The regulations prohibiting all fishing unless 
authorized by the USFWS have no basis in law because Presidential 
Proclamation 8336 did not establish a national wildlife refuge around 
Wake Island, and cannot expand refuge boundaries from 3 to 12 miles 
around Howland, Baker, Jarvis Islands, Johnston Atoll, Kingman Reef, 
and Palmyra Atoll.
    Response: The no-take areas are established under the authority of 
the Magnuson-Stevens Act, and are a necessary and appropriate measure 
to protect coral reef ecosystems, local bottomfish stocks, and local 
pelagic stocks. Because Presidential Proclamation 8336 expressly 
provides the Department of the Interior with responsibility for 
management of the Pacific Remote Island Monument, including out to 12 
nm around Wake Island, Howland Island, Baker Island, Jarvis Island, 
Johnston Atoll, Kingman Reef, and Palmyra Atoll, and because the 
Secretary of the Interior delegated this authority to the USFWS, these 
no-take areas are subject to USFWS authority to permit non-commercial 
fishing, in consultation with NMFS and the Council as described in this 
final rule, pursuant to existing legal authorities.
    The commenter's objection to the USFWS exercise of jurisdiction 
within national wildlife refuge boundaries extended by Secretary of the 
Interior is outside the scope of this rulemaking. NMFS will forward the 
comment to the USFWS.
    Comment 30: Records should be kept of all fish caught.
    Response: This final rule requires the operator of permitted 
vessels to keep an accurate and complete record of catch and effort on 
logbooks provided by NMFS, and to submit the logs to NMFS for each day 
of fishing within 30 days of the end of each fishing trip. The

[[Page 33001]]

permit and reporting requirements will allow the Council and NMFS to 
actively monitor and manage non-commercial fishing in the Monuments.
    Comment 31: We strongly endorse the need for permit and 
corresponding reporting of catch.
    Response: See response to Comment 30.
    Comment 32: All fishing vessels shift between commercial and non-
commercial fishing, so they should be required to have a vessel 
monitoring system (VMS) unit on board to assist in monitoring fishing 
activities and vessel locations. Commercial fishing vessels, in 
addition to a vessel monitoring system (VMS), should have an observer.
    Response: Given the historical low level of fishing in the 
Monuments, the Council did not recommend a requirement for vessels to 
carry VMS units or observers.
    Comment 33: When will promises made by a White House envoy to the 
people of the Mariana Islands in order to gain their support for the 
Mariana Trench Monument, as documented on Governor Benigno R. Fitial's 
remarks to the Mariana Trench Monument Advisory Council on June 5, 
2012, be fulfilled? The promises included the following:
     No future efforts to incorporate waters of the Volcanic 
and Trench Units into conservation zones or addition bureaucratic 
layers of protection, such and Wilderness Area designations.
     Full traditional indigenous access and practices in the 
Island Unit be allowed subject to approval and regulation by a group of 
local officials and/or citizens.
     Conveyance to the CNMI, without restriction, 0-3 miles of 
nearshore submerged lands for all islands.
     Undertake an assessment of the opportunities for 
education, research, and other economic activity associated with the 
new monument.
     DOI to develop legislation, including provision for 
revenue-sharing, authorizing mineral exploration and extraction, and 
setting up the regulatory process for such activities.
    Response: This final rule allows for the continuation of 
traditional access and indigenous fishing practices in the Islands Unit 
of the Mariana Trench Monument, as monitored by permits and reporting 
requirements. The Council, which includes representation from the CNMI 
Department of Land and Natural Resources and CNMI citizens 
knowledgeable in conservation and management of fishery resources of 
the CNMI, recommended the requirements. All other issues are beyond the 
scope of this final rule.
    Comment 34: Charter boats have no place in the monuments and they 
go against the spirit and intent of the proclamations of the Islands 
Unit of the Mariana Trench Monument and the Rose Atoll Marine National 
Monument. By definition, charter boat fishing is commercial and there 
is nothing customary or traditional about it.
    Response: The Magnuson-Stevens Act defines charter fishing to mean 
fishing from a vessel carrying a passenger for hire who is engaged in 
recreational fishing, and the Proclamations require that recreational 
fishing be managed as a sustainable activity. The final rule provides a 
procedure for permitting and monitoring charter boat fishing to ensure 
it is sustainable.
    Comment 35: We strongly support codification of the commercial 
fishing prohibition as set forth in the Proclamations establishing the 
three marine national monuments.
    Response: NMFS acknowledges the comment.
    Comment 36: We support the proposed prohibition on using fish 
harvested through recreational fishing as a medium of customary 
exchange.
    Response: Recreational fishing is motivated by sport or pleasure. 
The sale or customary exchange of recreational charter catches would be 
inconsistent with the Proclamations' conservation objectives.
    Comment 37: The proposed regulatory text in Sec.  665.905(a) should 
be revised to clarify that permits issued under this section are 
``fishing'' permits.
    Response: Further clarification is unnecessary because Sec.  
665.905 is already titled ``Fishing permit procedures and criteria.''
    Comment 38: Proposed Sec.  665.905(a)(3)(i) should be revised to 
include only family and friends of residents of the American Samoa, 
CNMI, and Guam fishing communities.
    Response: Customary exchange is important for community members to 
participate in and contributes to the maintenance of the social fabric 
and cultural continuity of Pacific Island communities. While customary 
exchange most often occurs between a fisherman and community residents 
who are also family members or friends, NMFS and the Council did not 
find a conservation or management need to limit customary exchange to 
them.
    Comment 39: The proposed regulations at Sec.  665.933(b) should be 
revised to refer to the authorizations at both Sec. Sec.  665.934(d) 
and 665.935.
    Response: Adding a reference to Sec.  665.934(d) within Sec.  
665.933(b) is unnecessary because the provisions of Sec.  665.934(d) 
are captured in Sec.  665.933(d).
    Comment 40: NMFS should acknowledge that the Proclamations direct 
the Secretary of Commerce to consult with the Secretary of the Interior 
when regulating fisheries, and should clarify that the provision for 
traditional indigenous fishing practices applies only in the Rose Atoll 
and Mariana Trench Monuments.
    Response: NMFS acknowledges the Proclamations' direction and 
provisions.
    Comment 41: NMFS and the Council should consult with the USFWS when 
reviewing the prohibition on fishing within 12 nm of Rose Atoll after 
three years.
    Response: The USFWS is a member of the Council and will be a part 
of any review and related recommendations relating to Monument fishery 
management measures.
    Comment 42: NMFS should acknowledge that it currently allows 
limited fishing in the low-use marine protected areas of the Pacific 
Remote Islands at Johnston Atoll, Palmyra Atoll, and Wake Island, 
except for fishing within a National Wildlife Refuge unless 
specifically authorized by the USFWS.
    Response: Since 2002, consistent with 50 CFR 665.621, fishing for 
PRIA coral reef management unit species has not been allowed within the 
boundary of a national wildlife refuge unless specifically authorized 
by USFWS. This prohibition applied to coral reef ecosystem species 
only. However, this final rule establishes a no-take fishing zone 
within 12 nm of the islands in the Pacific Remote Island Monument, and 
prohibits fishing for all federally managed species within this zone. 
This prohibition is subject to USFWS authority to allow fishing for any 
federally managed species, in consultation with NMFS and the Council as 
described in this final rule pursuant to existing legal authorities.
    Comment 43: NMFS should acknowledge USFWS authority to permit non-
commercial fishing within 12 nm of the islands in the Pacific Remote 
Islands Monument.
    Response: As stated in the final rule, USFWS has authority to 
permit non-commercial fishing within 12 nm of the islands in the 
Pacific Remote Islands Monument, in consultation with NMFS and the 
Council as described in this final rule, pursuant to existing legal 
authorities.
    Comment 44: NMFS should clarify that the residency requirements for 
non-commercial fishing permits apply only in the Islands Unit of the 
Mariana

[[Page 33002]]

Trench Monument, and not in the Volcano or Trench Units.
    Response: NMFS clarifies that permits are not required for fishing 
in Volcano or Trench Units of the Marianas Trench Monument.

Changes to the Proposed Rule

    In this final rule, NMFS is making five technical clarifications. 
First, in the proposed rule, the definition of ``customary exchange'' 
at Sec.  665.12 inadvertently omitted a portion of the requirements at 
Sec. Sec.  665.905(a)(3)(i) and 665.965(a)(3)(i). In those sections, 
the provisions for customary exchange specifically include family and 
friends of community residents. This final rule revises the definition 
to correct the inadvertent omission.
    Second, because this final rule revises the definition of customary 
exchange to include family and friends of community residents, 
consistent with the Council's recommendation, repeating the provision 
in the permit terms and conditions at Sec. Sec.  665.905(a)(3)(i) and 
665.965(a)(3)(i) is redundant and, thus, unnecessary. This final rule 
removes the portion of the terms and conditions relating to friends and 
family of community residents from the permit conditions to eliminate 
the redundancy.
    The third technical clarification relates to monetary reimbursement 
for customary exchange. The definition of customary exchange reflects 
the Council's recommendation that such exchange may include cost 
recovery through monetary reimbursements and other means for actual 
trip expenses, which includes, but is not limited to, ice, bait, fuel, 
and food, but can also include other trip expenses such as equipment or 
repairs specific to a fishing trip to a monument. Because NMFS and the 
Council cannot foresee every actual trip expense, a specific list is 
not appropriate. However, NMFS does not consider actual trip expenses 
to include expenses that a permit holder would incur without a fishing 
trip to the Monument, such as expenses relating to dock space, vessel 
mortgage payments, routine vessel maintenance, vessel registration 
fees, safety equipment required by U.S. Coast Guard, and other 
incidental costs and expenses normally associated with ownership of a 
vessel. This final rule revises the definition to make that distinction 
clear.
    The fourth technical clarification also relates to monetary 
reimbursement for customary exchange. In the proposed rule, in the 
terms and conditions for the Marianas Trench Monument Islands Unit and 
Rose Atoll non-commercial permits, NMFS inadvertently omitted the words 
``including but not limited to.'' This error meant that monetary 
reimbursement under customary exchange would have been limited to ice, 
bait, fuel, or food, and the incorrectly-worded terms and conditions 
would have been inconsistent with the Council's definition. This final 
rule revises Sec. Sec.  665.905(a)(3)(ii) and 665.965(a)(3)(ii) to 
correct the inadvertency. Also, see the response to Comment 8, above.
    The fifth technical clarification relates to USFWS authorization of 
non-commercial fishing within 12 nm of the islands in the Pacific 
Remote Islands Monument. The proposed rule provided that USFWS would 
consult with NMFS and the Council when authorizing non-commercial 
fishing, but did not identify a process for such consultations. The 
purpose of consultation on USFWS permits is to enable NMFS and the 
Council to account for and monitor all sources of fishing mortality in 
the Monuments, consistent with their responsibilities under the 
Magnuson-Stevens Act. In this final rule, NMFS clarifies that the USFWS 
is not required to consult directly with the Council on its non-
commercial fishing permits. Consistent with the Proclamation, the USFWS 
will consult with NMFS, and NMFS will in turn consult with the Council. 
This final rule revises Sec.  665.934(d) to make that clarification.

Classification

    The Regional Administrator, Pacific Islands Region, NMFS, has 
determined that the FEP amendments are necessary for the conservation 
and management of the fisheries in the monuments, and that they are 
consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act and other applicable laws.

Executive Order 12866

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

Certification Under the Regulatory Flexibility Act

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

Paperwork Reduction Act

    This final rule contains collection-of-information requirements 
subject to the PRA. These requirements have not yet been approved by 
OMB, but such approval is expected in the near future. NMFS will 
publish a notice when these requirements are cleared by OMB and are, 
therefore, effective (see DATES).
    For both types of non-commercial fishing (non-commercial and 
recreational charter) combined, NMFS expects to receive up to 10 permit 
applications each year for Rose Atoll and the Marianas Trench Islands 
Unit, each, and up to 15 permit applications a year for the Pacific 
Remote Islands Monument, for a total of 35 applications in a year. NMFS 
estimates that an application would take 15 minutes to complete, for a 
total maximum burden of 8.75 hours. If each fishing trip is three days, 
there could be 105 logbooks (35 trips x 3 days) in a year. At 20 
minutes per log sheet, the maximum reporting burden would be 35 hours 
per year. Therefore, NMFS expects the total maximum annual burden for 
permit applications and reporting to be 43.75 hr. Send comments 
regarding these burden estimates or any other aspect of this data 
collection, including suggestions for reducing the burden, to NMFS (see 
ADDRESSES) and by email to [email protected], or fax to 202-
395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.

List of Subjects in 50 CFR Part 665

    Administrative practice and procedure, American Samoa, Commercial 
fishing, Commonwealth of the Northern Mariana Islands, Fisheries, Guam, 
Marianas Trench, Monuments and memorials, Pacific Remote Islands, Rose 
Atoll.

    Dated: May 28, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR chapter 
VI as follows:

[[Page 33003]]

PART 665--FISHERIES IN THE WESTERN PACIFIC

0
1. The authority citation for 50 CFR part 665 continues to read as 
follows:

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


0
2. In Sec.  665.12, add the definitions of ``Customary exchange'' and 
``Recreational fishing,'' in alphabetical order, and revise the 
definition of ``Non-commercial fishing'' to read as follows:


Sec.  665.12  Definitions.

* * * * *
    Customary exchange means the non-market exchange of marine 
resources between fishermen and community residents, including family 
and friends of community residents, for goods, and/or services for 
cultural, social, or religious reasons. Customary exchange may include 
cost recovery through monetary reimbursements and other means for 
actual trip expenses, including but not limited to ice, bait, fuel, or 
food, that may be necessary to participate in fisheries in the western 
Pacific. Actual trip expenses do not include expenses that a fisherman 
would incur without making a fishing trip, including expenses relating 
to dock space, vessel mortgage payments, routine vessel maintenance, 
vessel registration fees, safety equipment required by U.S. Coast 
Guard, and other incidental costs and expenses normally associated with 
ownership of a vessel.
* * * * *
    Non-commercial fishing means fishing that does not meet the 
definition of commercial fishing in the Magnuson-Stevens Fishery 
Conservation and Management Act, and includes, but is not limited to, 
sustenance, subsistence, traditional indigenous, and recreational 
fishing.
* * * * *
    Recreational fishing means fishing conducted for sport or pleasure, 
including charter fishing.
* * * * *

0
3. In Sec.  665.13,
0
a. Revise paragraphs (a), (c)(1), and (c)(2);
0
b. Revise paragraph (f)(2) introductory text, and add paragraphs 
(f)(2)(ix) through (f)(2)(xiii); and
0
c. Revise paragraph (g), to read as follows:


Sec.  665.13  Permits and fees.

    (a) Applicability. The requirements for permits for specific 
western Pacific fisheries are set forth in subparts B through I of this 
part.
* * * * *
    (c) * * *
    (1) An application for a permit to operate in a Federal western 
Pacific fishery that requires a permit and is regulated under subparts 
B through I of this part may be obtained from NMFS PIRO. The completed 
application must be submitted to PIRO for consideration. In no case 
shall PIRO accept an application that is not on a Federal western 
Pacific fisheries permit application form.
    (2) A minimum of 15 days after the day PIRO receives a complete 
application should be allowed for processing the application for 
fisheries under subparts B through I of this part. If an incomplete or 
improperly completed application is filed, NMFS will notify the 
applicant of the 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 administratively 
closed.
* * * * *
    (f) * * *
    (2) PIRO will charge a non-refundable processing fee for each 
application (including transfer and renewal) for each permit listed in 
paragraphs (f)(2)(i) through (f)(2)(xiii) 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 incurred in 
processing the permit. The fee may not exceed such costs. The 
appropriate fee is specified with each application form and must 
accompany each application. Failure to pay the fee will preclude the 
issuance, transfer, or renewal of any of the following permits:
* * * * *
    (ix) Marianas Trench Monument non-commercial permit.
    (x) Marianas Trench Monument recreational charter permit.
    (xi) Pacific Remote Islands Monument recreational charter permit.
    (xii) Rose Atoll Monument non-commercial permit.
    (xiii) Rose Atoll Monument recreational charter permit.
    (g) Expiration. A permit issued under subparts B through I of this 
part is valid for the period specified on the permit unless revoked, 
suspended, transferred, or modified under 15 CFR part 904.
* * * * *

0
4. In Sec.  665.14 revise paragraphs (b)(1)(i) and (b)(2)(iv) to read 
as follows:


Sec.  665.14  Reporting and recordkeeping.

* * * * *
    (b) * * *
    (1) * * *
    (i) The operator of a 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, 665.801, 665.905, 665.935, or 665.965 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.
* * * * *
    (2) * * *
    (iv) If fishing was authorized under a permit pursuant to 
Sec. Sec.  665.124, 665.224, 665.424, 665.624, 665.905, 665.935, or 
665.965, 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.
* * * * *
    5. In Sec.  665.16 revise paragraph (a)(3) to read as follows:


Sec.  665.16  Vessel identification.

    (a) * * *
    (3) A vessel that is registered for use with a valid permit issued 
under subparts B through E and subparts G through I of this part must 
be marked in accordance with paragraph (b) of this section.
* * * * *

0
6. Revise Sec.  665.599 to read as follows:


Sec.  665.599  Area restrictions.

    Except as provided in Sec.  665.934, fishing is prohibited in all 
no-take MPAs. The following U.S. EEZ waters are no-take MPAs: Landward 
of the 50 fathom curve at Jarvis, Howland, and Baker Islands, and 
Kingman Reef; as depicted on National Ocean Survey Chart Numbers 83116 
and 83153.

0
7. Remove and reserve Sec.  665.624 paragraph (a)(1)(i) to read as 
follows:


Sec.  665.624  Permits and fees.

    (a) * * *
    (1) * * *
    (i) [Reserved]
* * * * *

0
8. Remove and reserve Sec.  665.625 paragraphs (a) and (b)(3) to read 
as follows:


Sec.  665.625  Prohibitions.

* * * * *
    (a) [Reserved]
    (b) * * *
    (3) [Reserved]
* * * * *

0
9. In 50 CFR part 665, add subparts G, H, and I to read as follows:

[[Page 33004]]

Subpart G--Marianas Trench Marine National Monument
Sec.
665.900 Scope and purpose.
665.901 Boundaries.
665.902 Definitions.
665.903 Prohibitions.
665.904 Regulated activities.
665.905 Fishing permit procedures and criteria.
665.906 International law.
Subpart H--Pacific Remote Islands Marine National Monument
665.930 Scope and purpose.
665.931 Boundaries.
665.932 Definitions.
665.933 Prohibitions.
665.934 Regulated activities.
665.935 Fishing permit procedures and criteria.
665.936 International law.
Subpart I--Rose Atoll Marine National Monument
665.960 Scope and purpose.
665.961 Boundaries.
665.962 Definitions.
665.963 Prohibitions.
665.964 Regulated activities.
665.965 Fishing permit procedures and criteria.
665.966 International law.
Subpart G--Marianas Trench Marine National Monument


Sec.  665.900  Scope and purpose.

    The regulations in this subpart codify certain provisions of the 
Proclamation, and govern the administration of fishing in the Monument. 
Nothing in this subpart shall be deemed to diminish or enlarge the 
jurisdiction of the Territory of Guam or the Commonwealth of the 
Northern Mariana Islands.


Sec.  665.901  Boundaries.

    The Marianas Trench Marine National Monument includes the 
following:
    (a) Islands Unit. The Islands Unit includes the waters and 
submerged lands of the three northernmost Mariana Islands (Farallon de 
Pajaros (Uracas), Maug, and Asuncion). The shoreward boundary of the 
Islands Unit is the mean low water line. The seaward boundary of 
Islands Unit is defined by straight lines connecting the following 
coordinates in the order listed:

------------------------------------------------------------------------
             ID                     E. long.               N. lat.
------------------------------------------------------------------------
1...........................  144[deg]1'22.97''     21[deg]23'42.40''
2...........................  145[deg]33'25.20''    21[deg]23'42.40''
3...........................  145[deg]44'31.14''    21[deg]11'14.60''
4...........................  146[deg]18'36.75''    20[deg]49'17.46''
5...........................  146[deg]18'36.75''    19[deg]22'0.00''
6...........................  145[deg]3'12.22''     19[deg]22'0.00''
7...........................  144[deg]1'22.97''     20[deg]45'44.11''
1...........................  144[deg]1'22.97''     21[deg]23'42.40''
------------------------------------------------------------------------

    (b) Volcanic Unit. The Volcanic Unit includes the submerged lands 
of designated volcanic sites. The boundaries of the Volcanic Unit are 
defined as circles of a one nautical mile radius centered on each of 
the following points:

------------------------------------------------------------------------
               ID                      E. long.             N. lat.
------------------------------------------------------------------------
Fukujin.........................  143[deg]27'30''     21[deg]56'30''
Minami Kasuga 2........  143[deg]38'30''     21[deg]36'36''
N.W. Eifuku.....................  144[deg]2'36''      21[deg]29'15''
Minami Kasuga 3........  143[deg]38'0''      21[deg]24'0''
Daikoku.........................  144[deg]11'39''     21[deg]19'27''
Ahyi............................  145[deg]1'45''      20[deg]26'15''
Maug............................  145[deg]13'18''     20[deg]1'15''
Alice Springs...................  144[deg]30'0''      18[deg]12'0''
Central trough..................  144[deg]45'0''      18[deg]1'0''
Zealandia.......................  145[deg]51'4''      16[deg]52'57''
E. Diamante.....................  145[deg]40'47''     15[deg]56'31''
Ruby............................  145[deg]34'24''     15[deg]36'15''
Esmeralda.......................  145[deg]14'45''     14[deg]57'30''
N.W. Rota 1............  144[deg]46'30''     14[deg]36'0''
W. Rota.........................  144[deg]50'0''      14[deg]19'30''
Forecast........................  143[deg]55'12''     13[deg]23'30''
Seamount X......................  144[deg]1'0''       13[deg]14'48''
South Backarc...................  143[deg]37'8''      12[deg]57'12''
Archaean site...................  143[deg]37'55''     12[deg]56'23''
Pika site.......................  143[deg]38'55''     12[deg]55'7''
Toto............................  143[deg]31'42''     12[deg]42'48''
------------------------------------------------------------------------

    (c) Trench Unit. The Trench Unit includes the submerged lands of 
the Marianas Trench. The boundary of the Trench Unit extends from the 
northern limit of the EEZ around the Commonwealth of the Northern 
Mariana Islands to the southern limit of the EEZ around Guam as defined 
by straight lines connecting the following coordinates in the order 
listed:

------------------------------------------------------------------------
              ID                      E. long.             N. lat.
------------------------------------------------------------------------
1.............................  145[deg]5'46''       23[deg]53'35''
2.............................  145[deg]52'27.10''   23[deg]45'50.54''
3.............................  146[deg]36'18.91''   23[deg]29'18.33''
4.............................  147[deg]5'16.84''    23[deg]11'43.92''
5.............................  147[deg]22'31.43''   20[deg]38'41.35''
6.............................  147[deg]40'48.31''   19[deg]59'23.30''
7.............................  147[deg]39'59.51''   19[deg]27'2.96''
8.............................  147[deg]48'51.61''   19[deg]8'18.74''
9.............................  148[deg]21'47.20''   18[deg]56'6.46''
10............................  148[deg]42'50.50''   17[deg]58'2.20''
11............................  148[deg]34'47.12''   16[deg]40'53.86''
12............................  148[deg]5'39.95''    15[deg]25'51.09''
13............................  146[deg]23'24.38''   12[deg]21'38.38''
14............................  145[deg]28'33.28''   11[deg]34'7.64''
15............................  143[deg]3'9''        10[deg]57'30''
16............................  142[deg]19'54.93''   11[deg]47'24.83''
17............................  144[deg]42'31.24''   12[deg]21'24.65''
18............................  145[deg]17'59.93''   12[deg]33'5.35''
19............................  147[deg]29'32.24''   15[deg]49'25.53''
20............................  147[deg]27'32.35''   17[deg]57'52.76''
21............................  147[deg]20'16.96''   19[deg]9'19.41''
22............................  146[deg]57'55.31''   20[deg]23'58.80''
23............................  145[deg]44'31.14''   21[deg]11'14.60''
24............................  144[deg]5'27.55''    23[deg]2'28.67''
1.............................  145[deg]5'46''       23[deg]53'35''
------------------------------------------------------------------------

Sec.  665.902  Definitions.

    The following definitions are used in this subpart:
    Management unit species or MUS means the Mariana Archipelago 
management unit species as defined in Sec. Sec.  665.401, 665.421, 
665.441, and 665.461, and the pelagic management unit species as 
defined in Sec.  665.800.
    Monument means the submerged lands and, where applicable, waters of 
the Marianas Trench Marine National Monument as defined in Sec.  
665.901.
    Proclamation means Presidential Proclamation 8335 of January 6, 
2009, ``Establishment of the Marianas Trench Marine National 
Monument.''


Sec.  665.903  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this chapter, and Sec.  665.15 and subpart D of this part, the 
following activities are prohibited in the Islands Unit and, thus, 
unlawful for a person to conduct or cause to be conducted.
    (a) Commercial fishing in violation of Sec.  665.904(a).
    (b) Non-commercial fishing, except as authorized under permit and 
pursuant to the procedures and criteria established in Sec.  665.905.
    (c) Transferring a permit in violation of Sec.  665.905(d).
    (d) Commercial fishing outside the Islands Unit and non-commercial 
fishing within the Islands Unit on the same trip in violation of Sec.  
665.904(c).


Sec.  665.904  Regulated activities.

    (a) Commercial fishing is prohibited in the Islands Unit.
    (b) Non-commercial fishing is prohibited in the Islands Unit, 
except as authorized under permit and pursuant to the procedures and 
criteria established in Sec.  665.905.
    (c) Commercial fishing outside the Islands Unit and non-commercial 
fishing within the Islands Unit during the same trip is prohibited.


Sec.  665.905  Fishing permit procedures and criteria.

    (a) Marianas Trench Monument Islands Unit non-commercial permit--
(1) Applicability. Both the owner and operator of a vessel used to non-
commercially fish for, take, retain, or possess MUS in the Islands Unit 
must have a permit issued under this section, and the permit must be 
registered for use with that vessel.
    (2) Eligibility criteria. A permit issued under this section may be 
issued only to a community resident of Guam or the CNMI.
    (3) Terms and conditions. (i) Customary exchange of fish harvested 
within the Islands Unit under a non-commercial permit is allowed, 
except that customary exchange by fishermen

[[Page 33005]]

engaged in recreational fishing is prohibited.
    (ii) Monetary reimbursement under customary exchange shall not 
exceed actual fishing trip expenses, including but not limited to ice, 
bait, fuel, or food.
    (b) Marianas Trench Monument Islands Unit recreational charter 
permit--(1) Applicability. Both the owner and operator of a vessel 
chartered to recreationally fish for, take, retain, or possess MUS in 
the Islands Unit must have a permit issued under this section, and the 
permit must be registered for use with that vessel. Charter boat 
customers are not required to obtain a permit.
    (2) Eligibility criteria. To be eligible for a permit issued under 
this section, a charter business must be established legally under the 
laws of Guam or the CNMI.
    (3) Terms and conditions. (i) The sale or exchange through barter 
or trade of fish caught in the Monument by a charter boat is 
prohibited.
    (ii) No MUS harvested under a recreational charter fishing permit 
may be used for the purposes of customary exchange.
    (c) Application. An application for a permit required under this 
section must be submitted to PIRO as described in Sec.  665.13.
    (d) Transfer. A permit issued under this section is not 
transferrable.
    (e) Reporting and recordkeeping. The operator of a vessel subject 
to the requirements of this section must comply with the terms and 
conditions described in Sec.  665.14.


Sec.  665.906  International law.

    The regulations in this subpart shall be applied in accordance with 
international law. No restrictions shall apply to or be enforced 
against a person who is not a citizen, national, or resident alien of 
the United States (including foreign flag vessels) unless in accordance 
with international law.

Subpart H--Pacific Remote Islands Marine National Monument


Sec.  665.930  Scope and purpose.

    The regulations in this subpart codify certain provisions of the 
Proclamation, and govern the administration of fishing in the Monument.


Sec.  665.931  Boundaries.

    The Monument, including the waters and submerged and emergent lands 
of Wake, Baker, Howland, and Jarvis Islands, Johnston Atoll, Kingman 
Reef, and Palmyra Atoll, is defined as follows:
    (a) Wake Island. The Wake Island unit of the Monument includes the 
waters and submerged and emergent lands around Wake Island within an 
area defined by straight lines connecting the following coordinates in 
the order listed:

------------------------------------------------------------------------
             ID                     E. long.               N. lat.
------------------------------------------------------------------------
1...........................  165[deg]42'56''       20[deg]9'27''
2...........................  167[deg]32'23''       20[deg]9'27''
3...........................  167[deg]32'23''       18[deg]25'51''
4...........................  165[deg]42'56''       18[deg]25'51''
1...........................  165[deg]42'56''       20[deg]9'27''
------------------------------------------------------------------------

    (b) Howland and Baker Islands. The Howland and Baker Islands units 
of the Monument include the waters and submerged and emergent lands 
around Howland and Baker Islands within an area defined by straight 
lines connecting the following coordinates in the order listed:

------------------------------------------------------------------------
             ID                     W. long.                Lat.
------------------------------------------------------------------------
1...........................  177[deg]27'7''        1[deg]39'15'' N.
2...........................  175[deg]38'32''       1[deg]39'15'' N.
3...........................  175[deg]38'32''       0[deg]38'33'' S.
4...........................  177[deg]27'7''        0[deg]38'33'' S.
1...........................  177[deg]27'7''        1[deg]39'15'' N.
------------------------------------------------------------------------

    (c) Jarvis Island. The Jarvis Island unit of the Monument includes 
the waters and submerged and emergent lands around Jarvis Island within 
an area defined by straight lines connecting the following coordinates 
in the order listed:

------------------------------------------------------------------------
             ID                     W. long.                Lat.
------------------------------------------------------------------------
1...........................  160[deg]50'52''       0[deg]28'39'' N.
2...........................  159[deg]8'53''        0[deg]28'39'' N.
3...........................  159[deg]8'53''        1[deg]13'15'' S.
4...........................  160[deg]50'52''       1[deg]13'15'' S.
1...........................  160[deg]50'52''       0[deg]28'39'' N.
------------------------------------------------------------------------

    (d) Johnston Atoll. The Johnston Atoll unit of the Monument 
includes the waters and submerged and emergent lands around Johnston 
Atoll within an area defined by straight lines connecting the following 
coordinates in the order listed:

------------------------------------------------------------------------
             ID                     W. long.               N. lat.
------------------------------------------------------------------------
1...........................  170[deg]24'37''       17[deg]35'39''
2...........................  168[deg]37'32''       17[deg]35'39''
3...........................  168[deg]37'32''       15[deg]53'26''
4...........................  170[deg]24'37''       15[deg]53'26''
1...........................  170[deg]24'37''       17[deg]35'39''
------------------------------------------------------------------------

    (e) Kingman Reef and Palmyra Atoll. The Kingman Reef and Palmyra 
Atoll units of the Monument include the waters and submerged and 
emergent lands around Kingman Reef and Palmyra Atoll within an area 
defined by straight lines connecting the following coordinates in the 
order listed:

------------------------------------------------------------------------
             ID                     W. long.               N. lat.
------------------------------------------------------------------------
1...........................  163[deg]11'16''       7[deg]14'38''
2...........................  161[deg]12'3''        7[deg]14'38''
3...........................  161[deg]12'3''        5[deg]20'23''
4...........................  161[deg]25'22''       5[deg]1'34''
5...........................  163[deg]11'16''       5[deg]1'34''
1...........................  163[deg]11'16''       7[deg]14'38''
------------------------------------------------------------------------

Sec.  665.932  Definitions.

    The following definitions are used in this subpart:
    Management unit species or MUS means the Pacific Remote Island 
Areas management unit species as defined in Sec. Sec.  665.601, 
665.621, 665.641, and 665.661, and the pelagic management unit species 
as defined in Sec.  665.800.
    Monument means the waters and submerged and emergent lands of the 
Pacific Remote Islands Marine National Monument, as defined in Sec.  
665.931.
    Proclamation means Presidential Proclamation 8336 of January 6, 
2009, ``Establishment of the Pacific Remote Islands Marine National 
Monument.''


Sec.  665.933  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this chapter, and Sec.  665.15 and subparts E and F of this part, 
the following activities are prohibited in the Monument and, thus, 
unlawful for a person to conduct or cause to be conducted.
    (a) Commercial fishing in the Monument.
    (b) Non-commercial fishing in the Monument, except as authorized 
under permit and pursuant to the procedures and criteria established in 
Sec.  665.935.
    (c) Transferring a permit in violation of Sec.  665.935(d).
    (d) Commercial fishing outside the Monument and non-commercial 
fishing within the Monument on the same trip in violation of Sec.  
665.934(c).
    (e) Non-commercial fishing within 12 nm of emergent land within the 
Monument, unless authorized by the U.S. Fish & Wildlife Service, in 
consultation with NMFS and the Council, in violation of Sec.  
665.934(d). For the purposes of this subsection, consultation means 
that the U.S. Fish & Wildlife Service will consult with NMFS, which in 
turn will consult with the Council.


Sec.  665.934  Regulated activities.

    (a) Commercial fishing is prohibited in the Monument.
    (b) Non-commercial fishing is prohibited in the Monument, except 
under permit and pursuant to the procedures and criteria established in 
Sec.  665.935 or pursuant to Sec.  665.934(d).
    (c) Commercial fishing outside the Monument and non-commercial 
fishing

[[Page 33006]]

within the Monument during the same trip is prohibited.
    (d) Non-commercial fishing is prohibited within 12 nm of emergent 
land within the Monument, unless authorized by the U.S. Fish & Wildlife 
Service, in consultation with NMFS and the Council. For the purposes of 
this subsection, consultation means that the U.S. Fish & Wildlife 
Service will consult with NMFS, which in turn will consult with the 
Council.


Sec.  665.935  Fishing permit procedures and criteria.

    (a) Non-commercial fishing--(1) Applicability. Except as provided 
in section 665.934(d), a vessel that is used to non-commercially fish 
for, take, retain, or possess MUS in the Monument must be registered 
for use with a permit issued pursuant to Sec. Sec.  665.603, 665.624, 
665.642, 665.662, 665.801(f), or 665.801(g).
    (2) Terms and conditions. Customary exchange of fish harvested in 
the Monument is prohibited.
    (b) Pacific Remote Islands Monument recreational charter permit--
(1) Applicability. Except as provided in Sec.  665.934(d), both the 
owner and operator of a vessel that is chartered to recreationally fish 
for, take, retain, or possess MUS in the Monument must have a permit 
issued under this section, and the permit must be registered for use 
with that vessel. Charter boat customers are not required to obtain a 
permit.
    (2) Terms and conditions. (i) The sale or exchange through barter 
or trade of fish caught by a charter boat fishing in the Monument is 
prohibited.
    (ii) Customary exchange of fish harvested under a Monument 
recreational charter permit is prohibited.
    (c) Application. An application for a permit required under this 
section must be submitted to PIRO as described in Sec.  665.13.
    (d) Transfer. A permit issued under this section is not 
transferrable.
    (e) Reporting and recordkeeping. The operator of a vessel subject 
to the requirements of this section must comply with the terms and 
conditions described in Sec.  665.14.


Sec.  665.936  International law.

    The regulations in this subpart shall be applied in accordance with 
international law. No restrictions shall apply to or be enforced 
against a person who is not a citizen, national, or resident alien of 
the United States (including foreign flag vessels) unless in accordance 
with international law.

Subpart I--Rose Atoll Marine National Monument


Sec.  665.960  Scope and purpose.

    The regulations in this subpart codify certain provisions of the 
Proclamation, and govern the administration of fishing within the 
Monument. Nothing in this subpart shall be deemed to diminish or 
enlarge the jurisdiction of the Territory of American Samoa.


Sec.  665.961  Boundaries.

    The Monument consists of emergent and submerged lands and waters 
extending seaward approximately 50 nm from Rose Atoll. The boundary is 
defined by straight lines connecting the following coordinates in the 
order listed:

------------------------------------------------------------------------
             ID                     W. long.               S. lat.
------------------------------------------------------------------------
1...........................  169[deg]0'42''        13[deg]41'54''
2...........................  167[deg]17'0''        13[deg]41'54''
3...........................  167[deg]17'0''        15[deg]23'10''
4...........................  169[deg]0'42''        15[deg]23'10''
1...........................  169[deg]0'42''        13[deg]41'54''
------------------------------------------------------------------------

Sec.  665.962  Definitions.

    The following definitions are used in this subpart:
    Management Unit Species or MUS means the American Samoa management 
unit species as defined in Sec. Sec.  665.401, 665.421, 665.441, and 
665.461, and the pelagic management unit species as defined in Sec.  
665.800.
    Monument means the waters and emergent and submerged lands of the 
Rose Atoll Marine National Monument, as defined in Sec.  665.961.
    Proclamation means Presidential Proclamation 8337 of January 6, 
2009, ``Establishment of the Rose Atoll Marine National Monument.''


Sec.  665.963  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this chapter, and Sec.  665.15 and subpart B of this part, the 
following activities are prohibited in the Monument and, thus, unlawful 
for a person to conduct or cause to be conducted.
    (a) Commercial fishing in the Monument.
    (b) Non-commercial fishing in the Monument, except as authorized 
under permit and pursuant to the procedures and criteria established in 
Sec.  665.965.
    (c) Transferring a permit in violation of Sec.  665.965(d).
    (d) Commercial fishing outside the Monument and non-commercial 
fishing within the Monument on the same trip in violation of Sec.  
665.964(c).
    (e) Fishing within 12 nm of emergent land within the Monument in 
violation of Sec.  665.964(d).


Sec.  665.964  Regulated activities.

    (a) Commercial fishing is prohibited in the Monument.
    (b) Non-commercial fishing is prohibited in the Monument, except as 
authorized under permit and pursuant to the procedures and criteria 
established in Sec.  665.965.
    (c) Commercial fishing outside the Monument and non-commercial 
fishing within the Monument during the same trip is prohibited.
    (d) All fishing is prohibited within 12 nm of emergent land within 
the Monument.


Sec.  665.965  Fishing permit procedures and criteria.

    (a) Rose Atoll Monument non-commercial fishing permit--(1) 
Applicability. Both the owner and operator of a vessel used to non-
commercially fish for, take, retain, or possess MUS in the Monument 
must have a permit issued under this section, and the permit must be 
registered for use with that vessel.
    (2) Eligibility criteria. A permit issued under this section may be 
issued only to a community resident of American Samoa.
    (3) Terms and conditions. (i) Customary exchange of fish harvested 
under a non-commercial permit within the Monument is allowed, except 
that customary exchange by fishermen engaged in recreational fishing is 
prohibited.
    (ii) Monetary reimbursement under customary exchange shall not 
exceed actual fishing trip expenses, including but not limited to ice, 
bait, fuel, or food.
    (b) Rose Atoll Monument recreational charter permit -- (1) 
Applicability. Both the owner and operator of a vessel that is 
chartered to fish recreationally for, take, retain, or possess MUS in 
the Monument must have a permit issued under this section, and the 
permit must be registered for use with that vessel. Charter boat 
customers are not required to obtain a permit.
    (2) Permit eligibility criteria. To be eligible for a permit issued 
under this section, a charter business must be established legally 
under the laws of American Samoa.
    (3) Terms and conditions. (i) The sale or exchange through barter 
or trade of fish caught by a charter boat fishing in the Monument is 
prohibited.
    (ii) No MUS harvested under a recreational charter fishing permit 
may be used for the purposes of customary exchange.
    (c) Application. An application for a permit required under this 
section must be submitted to PIRO as described in Sec.  665.13.

[[Page 33007]]

    (d) Transfer. A permit issued under this section is not 
transferrable.
    (e) Reporting and recordkeeping. The operator of a vessel subject 
to the requirements of this section must comply with the terms and 
conditions described in Sec.  665.14.


Sec.  665.966  International law.

    The regulations in this subpart shall be applied in accordance with 
international law. No restrictions shall apply to or be enforced 
against a person who is not a citizen, national, or resident alien of 
the United States (including foreign flag vessels) unless in accordance 
with international law.
[FR Doc. 2013-13113 Filed 5-31-13; 8:45 am]
BILLING CODE 3510-22-P