Federal Register, Volume 84 Issue 27 (Friday, February 8, 2019)

[Federal Register Volume 84, Number 27 (Friday, February 8, 2019)]
[Rules and Regulations]
[Pages 2767-2775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01294]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 180202118-8999-01]
RIN 0648-BH63

Pacific Island Fisheries; Reclassifying Management Unit Species
to Ecosystem Component Species

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

ACTION: Final rule.

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SUMMARY: This final rule reclassifies certain management unit species
in the Pacific Islands as ecosystem component species. The rule also
updates the scientific and local names of certain species. The intent
of this final rule is to prioritize conservation and management efforts
and to improve efficiency of fishery management in the region.

DATES: This rule is effective March 11, 2019.

ADDRESSES: The Western Pacific Fishery Management Council (Council)
prepared Amendment 4 to the Fishery Ecosystem Plan (FEP) for American
Samoa, Amendment 5 to the FEP for the Marianas Archipelago, and
Amendment 5 to the FEP for Hawaii. Those amendments, available as a
single document, include an environmental assessment (EA) that
describes the potential impacts on the human environment that would
result from the action. This document is available at http://www.regulations.gov or from the Council, 1164 Bishop St., Suite 1400,
Honolulu, HI 96813, tel (808) 522-8220, fax (808) 522-8226, or https://www.wpcouncil.org.

FOR FURTHER INFORMATION CONTACT: Kate Taylor, NMFS PIR Sustainable
Fisheries, 808-725-5182.

SUPPLEMENTARY INFORMATION: The Council and NMFS manage fishing in the
U.S. Exclusive Economic Zone (EEZ) around the U.S. Pacific Islands
pursuant to the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act). In this rule, NMFS, as recommended by the
Council, is reclassifying certain bottomfish, coral reef ecosystem,
precious coral, and crustacean management unit species (MUS) in the
three FEPs as ecosystem component species (ECS). The action focuses
Federal conservation and management on the MUS (i.e., the targets of
Federal fisheries).
The Council recommended amending the three FEPs to reclassify
certain management unit species as ecosystem component species. The
intent of these amendments is to focus management efforts on species
that are in need of conservation and management, and improve efficiency
of fishery management in the region. On August 8, 2018, NMFS published
a notice of availability of the amendments, including an environmental
assessment, and request for public comments (83 FR 39039); the comment
period ended October 9, 2018. NMFS did not receive any comments
directly related to the amendments, and on November 5, 2018, the
Secretary of Commerce approved the FEP amendments. This final rule
implements the FEP amendments.
This action does not change any fishery operations in terms of
location, target and non-target species, catch,

[[Page 2768]]

effort, fishermen participation, gear composition, seasonality,
intensity, or bycatch. For newly designated ECS, the Council and NMFS
would no longer establish annual catch limits or associated
accountability measures. The Council and NMFS, in cooperation with the
State of Hawaii, Territory of American Samoa and Guam and the
Commonwealth of the Northern Mariana Islands will continue to monitor
fisheries that catch ECS. If an ECS stock becomes a target of a Federal
fishery in the future, NMFS and the Council may consider including that
stock in the management unit to actively manage that stock.
This rule reduces the number of MUS from 205 species or families to
11 in the American Samoa FEP, from 227 species or families to 13 in the
Marianas FEP, and from 173 species or families to 20 in the Hawaii FEP.
Appendix B of the EA contains the complete list of ECS. This rule also
updates several scientific and common names according to current
scientific classifications. All existing management measures, including
reporting and record keeping, prohibitions, and experimental fishing
regulations apply to the associated ECS, unless otherwise specified.
You may find additional background information on this action in
the preamble to the proposed rule (83 FR 46466, September 13, 2018).

Comments and Responses

On September 13, 2018, NMFS published a proposed rule and request
for public comments (83 FR 46466). The comment period ended October 29,
2018. NMFS received one comment that generally supported the rule.

Changes From the Proposed Rule

This final rule contains no changes from the proposed rule.

Classification

The Administrator, Pacific Islands Region, NMFS, determined that
this action is necessary for the conservation and management of Pacific
Island fisheries, and that it is consistent with the Magnuson-Stevens
Act and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. NMFS did not receive any
comments regarding this certification. As a result, a regulatory
flexibility analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 665

Administrative practice and procedure, American Samoa, Ecosystem,
Fisheries, Fishing, Guam, Hawaii, Northern Mariana Islands, Permits,
Reporting and recordkeeping requirements.

Dated: February 1, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs National Marine
Fisheries Service.

For the reasons set out in the preamble, NMFS amends 50 CFR part
665 as follows:

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. 665.1, revise paragraph (a) to read as follows:

Sec. 665.1 Purpose and scope.

(a) The regulations in this part govern fishing for Pacific Island
management unit species (MUS) and ecosystem component species (ECS) 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.
* * * * *

0
3. In Sec. 665.4, revise paragraph (c) to read as follows:

Sec. 665.4 Annual catch limits.

* * * * *
(c) Exceptions. The Regional Administrator is not required to
specify an annual catch limit for an ECS, or for an MUS that is
statutorily excepted from the requirement pursuant to 50 CFR
600.310(h)(2).
* * * * *

0
4. In Sec. 665.12:
0
a. Revise the definition of ``American Samoa FEP'';
0
b. Remove the definition of ``Currently harvested coral reef taxa'';
0
c. Revise the definitions of ``Ecosystem component species'', ``First
level buyer'', ``Hawaii FEP'', ``Mariana FEP,'' ``No-take MPA'',
``Offload'', and ``Pelagics FEP'';
0
d. Remove the definition of ``Potentially harvested coral reef taxa'';
and
0
e. Revise the definitions of ``PRIA FEP'', ``Special permit'', and
``Transship''.
The revisions read as follows:

Sec. 665.12 Definitions.

* * * * *
American Samoa FEP means the Fishery Ecosystem Plan for American
Samoa, available from the Western Pacific Fishery Management Council or
PIRO.
* * * * *
Ecosystem component species (ECS) means a stock that a Council or
the Secretary has determined does not require conservation and
management, but is identified in an FEP to achieve ecosystem management
objectives.
* * * * *
First level buyer means:
(1) The first person who purchases, with the intention to resell,
management unit species (MUS) or ECS, or portions thereof, that were
harvested by a vessel that holds a permit or is otherwise regulated
under crustacean fisheries in subparts B through E of this part; or
(2) A person who provides recordkeeping, purchase, or sales
assistance in the first transaction involving MUS or ECS (such as the
services provided by a wholesale auction facility).
* * * * *
Hawaii FEP means the Fishery Ecosystem Plan for the Hawaiian
Archipelago, available from the Western Pacific Fishery Management
Council or PIRO.
* * * * *
Mariana FEP means the Fishery Ecosystem Plan for the Mariana
Archipelago, available from the Western Pacific Fishery Management
Council or PIRO.
* * * * *
No-take MPA means an area of the U.S. EEZ that is closed to fishing
for or harvesting of any MUS or ECS, as defined in subparts B through F
of this part.
Offload means to remove MUS or ECS from a vessel.
* * * * *
Pelagics FEP means the Fishery Ecosystem Plan for Pelagic Fisheries
of the Western Pacific, available from the Western Pacific Fishery
Management Council or PIRO.
* * * * *
PRIA FEP means the Fishery Ecosystem Plan for the Pacific Remote
Island Areas of Palmyra Atoll, Kingman

[[Page 2769]]

Reef, Jarvis Island, Baker Island, Howland Island, Johnston Atoll, and
Wake Island, available from the Western Pacific Fishery Management
Council or PIRO.
* * * * *
Special permit means a permit issued to allow fishing for coral
reef ECS in low-use MPAs or with any gear not specifically allowed
under Sec. 665.127, Sec. 665.227, or Sec. 665.427.
* * * * *
Transship means to offload or otherwise transfer MUS or ECS or
products thereof to a receiving vessel.
* * * * *

0
5. In Sec. 665.13, revise paragraph (k) to read as follows:

Sec. 665.13 Permits and fees.

* * * * *
(k) Display. Any permit issued under this subpart, or a facsimile
of such permit, must be on board the vessel at all times while the
vessel is fishing for, taking, retaining, possessing, or landing MUS or
ECS 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.
* * * * *

0
6. In Sec. 665.14, revise paragraphs (a), (c), (d), (g)(2)
introductory text, (g)(2)(ii), and (g)(3) and (4) to read as follows:

Sec. 665.14 Reporting and recordkeeping.

(a) State reporting. Except for precious coral and crustacean
fisheries, any person who is required to do so by applicable state law
or regulation must make and/or file all reports of MUS or ECS landings
containing all data and in the exact manner required by applicable
state law or regulation.
* * * * *
(c) Transshipment logbooks. Any person subject to the requirements
of Sec. 665.124(a)(2), Sec. 665.224(a)(2), Sec. 665.424(a)(2), Sec.
665.624(a)(2), or Sec. 665.801(e) must maintain on board the vessel an
accurate and complete NMFS transshipment logbook containing report
forms provided by the Regional Administrator. All information specified
on the forms must be recorded on the forms within 24 hours after the
day of transshipment. Each form must be signed and dated by the
receiving vessel operator. The original logbook for each day of
transshipment activity must be submitted to the Regional Administrator
within 72 hours of each landing of western Pacific pelagic MUS. The
original logbook for each day of transshipment activity must be
submitted to the Regional Administrator within 7 days of each landing
of coral reef ECS.
(d) Sales report. The operator of any fishing vessel subject to the
requirements of Sec. 665.142, Sec. 665.242, Sec. 665.442, or Sec.
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 MUS or ECS,
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.
* * * * *
(g) * * *
(2) Crustaceans. Upon request, any first-level buyer must
immediately allow an authorized officer and any employee of NMFS
designated by the Regional Administrator, to access, inspect, and copy
all records relating to the harvest, sale, or transfer of crustacean
MUS or ECS taken by vessels that have permits issued under this subpart
or Sec. Sec. 665.140 through 665.145, Sec. Sec. 665.240 through
665.252, Sec. Sec. 665.440 through 665.445, or Sec. Sec. 665.640
through 665.645. 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:
* * * * *
(ii) The amount, number, and size of each MUS or ECS involved in
each transaction.
* * * * *
(3) Bottomfish and seamount groundfish. 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 must make those records immediately available for
Federal inspection and copying upon request by an authorized officer.
(4) Coral reefs. 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 ECS by this
subpart and Sec. Sec. 665.120 through 665.128, Sec. Sec. 665.220
through 665.228, Sec. Sec. 665.420 through 665.428, or Sec. Sec.
665.620 through 665.628 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.
* * * * *

0
7. In Sec. 665.15, revise paragraphs (l), (n), and (o) to read as
follows:

Sec. 665.15 Prohibitions.

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

0
8. In Sec. 665.17, revise paragraphs (a) and (b) to read as follows:

Sec. 665.17 Experimental fishing.

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

0
9. Revise Sec. 665.101 to read as follows:

Sec. 665.101 Definitions.

As used in Sec. Sec. 665.100 through 665.119:
American Samoa bottomfish ecosystem component species (American
Samoa bottomfish ECS) means those species identified as ECS in the
American Samoa FEP and not defined as American Samoa bottomfish MUS.
American Samoa bottomfish management unit species (American Samoa
bottomfish MUS) means the following species:

[[Page 2770]]

------------------------------------------------------------------------
Local name Common name Scientific name
------------------------------------------------------------------------
palu-gutusiliva................. red snapper, Aphareus rutilans.
silvermouth.
asoama.......................... gray snapper, Aprion virescens.
jobfish.
tafauli......................... black trevally, Caranx lugubris.
jack.
papa, velo...................... lunartail grouper. Variola louti.
palu malau...................... red snapper....... Etelis
carbunculus.
palu-loa........................ red snapper....... Etelis coruscans.
filoa-paomumu................... redgill emperor... Lethrinus
rubrioperculatus.
savane.......................... blueline snapper.. Lutjanus kasmira.
palu-[egrave]na [egrave]na...... pink snapper...... Pristipomoides
filamentosus.
palu-sina....................... yelloweye snapper. Pristipomoides
flavipinnis.
palu-ula, palu-sega............. Snapper........... Pristipomoides
zonatus.
------------------------------------------------------------------------

0
10. Revise Sec. 665.103 to read as follows:

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 or ECS using gear prohibited under
Sec. 665.104.

0
11. In Sec. 665.104, revise paragraph (a) to read as follows:

Sec. 665.104 Gear restrictions.

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

0
12. Revise Sec. 665.121 to read as follows:

Sec. 665.121 Definitions.

As used in Sec. Sec. 665.120 through 665.139, American Samoa coral
reef ecosystem component species (American Samoa coral reef ECS) means
those species identified as ECS in the American Samoa FEP and not
defined as MUS or another ECS in this subpart.

0
13. Revise Sec. 665.123 to read as follows:

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 ECS 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.

0
14. In Sec. 665.124, revise paragraphs (a)(1) and (2) and (a)(3)(i)
and (ii) to read as follows:

Sec. 665.124 Permits and fees.

(a) * * *
(1) Special permit. Any person of the United States fishing for,
taking or retaining American Samoa coral reef ECS must have a special
permit if they fish, or if a vessel which they operate is used to fish,
for any:
(i) American Samoa coral reef ECS in low-use MPAs as defined in
Sec. 665.99;
(ii) American Samoa coral reef ECS in the coral reef ecosystem
management area; or
(iii) American Samoa coral reef ECS 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
American Samoa coral reef ECS harvested within low-use MPAs.
(3) * * *
(i) Any person issued a permit to fish under any FEP who
incidentally catches American Samoa coral reef ECS while fishing for
bottomfish MUS or ECS, crustacean ECS, western Pacific pelagic MUS,
precious coral ECS, or seamount groundfish MUS;
(ii) Any person fishing for American Samoa coral reef ECS outside
of an MPA, who does not retain any American Samoa coral reef ECS; and
* * * * *

0
15. In Sec. 665.125, revise paragraphs (a) introductory text, (a)(3),
and (b) introductory text to read as follows:

Sec. 665.125 Prohibitions.

* * * * *
(a) Fish for, take, retain, possess or land any American Samoa
coral reef ecosystem ECS in any low-use MPA as defined in Sec. 665.99
unless:
* * * * *
(3) The American Samoa coral reef ECS 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 ECS:
* * * * *

0
16. Revise Sec. 665.126 to read as follows:

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 American
Samoa coral reef ECS harvested under a special permit and report the
port and the approximate date and time at which the catch will be
landed.

0
17. In Sec. 665.127, revise paragraphs (a) introductory text and (b)
to read as follows:

Sec. 665.127 Allowable gear and gear restrictions.

(a) American Samoa coral reef ECS may be taken only with the
following allowable gear and methods:
* * * * *
(b) American Samoa coral reef ECS 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 ECS in the management area is
prohibited.
* * * * *

0
18. In Sec. 665.128, revise paragraph (a) to read as follows:

Sec. 665.128 Gear identification.

(a) Gear marking. 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. 665.13 or Sec. 665.124 or that
is otherwise established to be fishing for American Samoa coral reef
ecosystem ECS in the management area.
* * * * *

0
19. In Sec. 665.141, add a definition for ``American Samoa crustacean
ecosystem component species (American Samoa crustacean ECS)'' in
alphabetical order and remove the definition of ``American

[[Page 2771]]

Samoa crustacean management unit species''.
The addition reads as follows:

Sec. 665.141 Definitions.

* * * * *
American Samoa crustacean ecosystem component species (American
Samoa crustacean ECS) means those species identified as ECS in the
American Samoa FEP.
* * * * *

0
20. In Sec. 665.161, add a definition for ``American Samoa precious
coral ecosystem component species (American Samoa precious coral ECS)''
in alphabetical order and remove the definition of ``American Samoa
precious coral management unit species''.
The addition reads as follows:

Sec. 665.161 Definitions.

* * * * *
American Samoa precious coral ecosystem component species (American
Samoa precious coral ECS) means those species identified as ECS in the
American Samoa FEP.
* * * * *

0
21. In Sec. 665.162, revise paragraph (a) to read as follows:

Sec. 665.162 Permits.

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

0
22. In Sec. 665.163, revise the introductory text of paragraphs (b)
and (c) to read as follows:

Sec. 665.163 Prohibitions.

* * * * *
(b) Fish for, take, or retain any species of American Samoa
precious coral ECS in any precious coral permit area:
* * * * *
(c) Take and retain, possess, or land any live Hemicorallium
laauense, Pleurocorallium secundum, Corallium sp., or live black coral
from any precious coral permit area that is less than the minimum
height specified in Sec. 665.165 unless:
* * * * *

0
23. In Sec. 665.165, revise paragraphs (a) and (b) to read as follows:

Sec. 665.165 Size restrictions.

* * * * *
(a) Live Hemicorallium laauense, Pleurocorallium secundum, or
Corallium sp. harvested from any precious coral permit area must have
attained a minimum height of 10 inches (25.4 cm).
(b) 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).

0
24. In Sec. 665.167, revise paragraph (d) to read as follows:

Sec. 665.167 Quotas.

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

0
25. In Sec. 665.201, add a definition for ``Hawaii bottomfish
ecosystem component species (Hawaii bottomfish ECS)'' in alphabetical
order, revise the definitions of ``Hawaii bottomfish management unit
species (Hawaii bottomfish MUS)'' and ``Main Hawaiian Islands non-
commercial bottomfish permit'', and in the definition of ``Seamount
Groundfish'', revise the entry for ``Armorhead'' to read as follows:

Sec. 665.201 Definitions.

* * * * *
Hawaii bottomfish ecosystem component species (Hawaii bottomfish
ECS) means those species that are not listed as Hawaii bottomfish MUS
and that are identified as ECS in Table 4 of the Hawaii FEP.
Hawaii bottomfish management unit species (Hawaii bottomfish MUS)
means the following species:

------------------------------------------------------------------------
Local name Common name Scientific name
------------------------------------------------------------------------
lehi............................ silver jaw jobfish Aphareus rutilans.
uku............................. gray jobfish...... Aprion virescens.
hapu`upu`u...................... sea bass.......... Hyporthodus
quernus.
ehu............................. squirrelfish Etelis
snapper. carbunculus.
onaga........................... longtail snapper.. Etelis coruscans.
`opakapaka...................... pink snapper...... Pristipomoides
filamentosus.
kalekale........................ pink snapper...... Pristipomoides
seiboldii.
gindai.......................... snapper........... Pristipomoides
zonatus.
------------------------------------------------------------------------

* * * * *
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 or ECS in the MHI Management
Subarea.
* * * * *

Seamount Groundfish * * *
------------------------------------------------------------------------
Common name Scientific name
------------------------------------------------------------------------
Armorhead................................. Pentaceros wheeleri.

* * * * *
------------------------------------------------------------------------

0
26. In Sec. 665.203, revise paragraphs (a)(1) and (2), (e)(1), and
(j)(1) to read as follows:

Sec. 665.203 Permits.

(a) * * *
(1) Northwestern Hawaiian Islands. The owner of any vessel used to
fish for, land, or transship Hawaii bottomfish MUS or ECS 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 or ECS in the MHI
management subarea is required to

[[Page 2772]]

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.
* * * * *
(e) * * *
(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 or ECS
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 or ECS. A permit is eligible for renewal for the
next calendar year if the vessel covered by the permit made three or
more qualifying landings during the current calendar year.
* * * * *
(j) * * *
(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 or ECS per trip during the calendar year. Only one
landing of bottomfish MUS or ECS per fishing trip to the Mau Zone will
be counted toward the landing requirement.
* * * * *

0
27. In Sec. 665.204, revise paragraphs (a), (b), (g), and (k) to read
as follows:

Sec. 665.204 Prohibitions.

* * * * *
(a) Fish for Hawaii bottomfish MUS or ECS, or seamount groundfish
MUS using gear prohibited under Sec. 665.206.
(b) Fish for, or retain on board a vessel, Hawaii bottomfish MUS or
ECS in the Ho'omalu Zone or the Mau Zone without the appropriate permit
registered for use with that vessel issued under Sec. 665.13.
* * * * *
(g) Own a vessel or fish from a vessel that is used to fish non-
commercially for any Hawaii bottomfish MUS or ECS 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. 665.2
or Sec. 665.203(a)(2).
* * * * *
(k) Fish for or possess any Hawaii bottomfish MUS or ECS, or
seamount groundfish MUS in the Hancock Seamounts Ecosystem Management
Area, in violation of Sec. 665.209.

0
28. In Sec. 665.205, revise paragraph (b) to read as follows:

Sec. 665.205 Notification.

* * * * *
(b) The operator of a fishing vessel that has taken Hawaii
bottomfish MUS or ECS 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.

0
29. Revise Sec. 665.206 to read as follows:

Sec. 665.206 Gear restrictions.

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

0
30. Revise Sec. 665.209 to read as follows:

Sec. 665.209 Fishing moratorium at Hancock Seamounts.

Fishing for, and possession of, Hawaii bottomfish MUS or ECS, or
seamount groundfish MUS in the Hancock Seamounts Ecosystem Management
Area is prohibited until the Regional Administrator determines that the
armorhead stock is rebuilt.

0
31. Revise Sec. 665.210 to read as follows:

Sec. 665.210 Hawaii restricted bottomfish species.

Hawaii restricted bottomfish species means the following species:

0
32. Revise Sec. 665.221 to read as follows:

Sec. 665.221 Definitions.

As used in Sec. Sec. 665.220 through 665.239, Hawaii coral reef
ecosystem component species (Hawaii coral reef ECS) means those species
identified as ECS in the Hawaii FEP and are not defined as MUS or
another ECS in this subpart.

0
33. Revise Sec. 665.223 to read as follows:

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 ECS 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.

0
34. In Sec. 665.224, revise paragraphs (a)(1) and (2) and (a)(3)(i)
and (ii) to read as follows:

Sec. 665.224 Permits and fees.

(a) * * *
(1) Special permit. Any person of the United States fishing for,
taking or retaining Hawaii coral reef ECS must have a special permit if
they, or a vessel which they operate, is used to fish for any:
(i) Hawaii coral reef ECS in low-use MPAs as defined in Sec.
665.199;

[[Page 2773]]

(ii) Hawaii coral reef ECS in the coral reef ecosystem management
area; or
(iii) Hawaii coral reef ECS 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 Hawaii coral
reef ECS harvested within low-use MPAs.
(3) * * *
(i) Any person issued a permit to fish under any FEP who
incidentally catches Hawaii coral reef ECS while fishing for bottomfish
MUS or ECS, crustacean MUS, western Pacific pelagic MUS, precious
corals, or seamount groundfish;
(ii) Any person fishing for Hawaii coral reef ECS outside of an
MPA, who does not retain any Hawaii coral reef ECS; and
* * * * *

0
35. In Sec. 665.225, revise paragraphs (a) introductory text, (a)(3),
and (b) introductory text to read as follows:

Sec. 665.225 Prohibitions.

* * * * *
(a) Fish for, take, retain, possess or land any Hawaii coral reef
ECS in any low-use MPA as defined in Sec. 665.99 unless:
* * * * *
(3) The Hawaii coral reef ECS 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 ECS:
* * * * *

0
36. Revise Sec. 665.226 to read as follows:

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 ECS harvested under a special permit, and report the port
and the approximate date and time at which the catch will be landed.

0
37. In Sec. 665.227, revise paragraphs (a) introductory text and (b)
to read as follows:

Sec. 665.227 Allowable gear and gear restrictions.

(a) Hawaii coral reef ECS may be taken only with the following
allowable gear and methods:
* * * * *
(b) Hawaii coral reef ECS 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 ECS in the management area is prohibited.
* * * * *

0
38. In Sec. 665.228, revise paragraph (a) to read as follows:

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. 665.13 or Sec. 665.124 or that is
otherwise established to be fishing for Hawaii coral reef ECS in the
management area.
* * * * *

0
39. In Sec. 665.241, add a definition for ``Hawaii crustacean
ecosystem component species (Hawaii crustacean ECS)'' in alphabetical
order and revise the definition of ``Hawaii crustacean management unit
species (Hawaii crustacean MUS)'' to read as follows:

Sec. 665.241 Definitions.

* * * * *
Hawaii crustacean ecosystem component species (Hawaii crustacean
ECS) means those species identified as ECS in the Hawaii FEP.
* * * * *
Hawaii crustacean management unit species (Hawaii crustacean MUS)
means the following crustaceans:

------------------------------------------------------------------------
Local name Common name Scientific name
------------------------------------------------------------------------
papa`i kua loa.................. Kona crab......... Ranina ranina.
deepwater shrimp, Heterocarpus sp.
nylon shrimp.
------------------------------------------------------------------------

* * * * *

0
40. In Sec. 665.242, revise paragraph (a)(4) to read as follows:

Sec. 665.242 Permits.

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

0
41. In Sec. 665.261, add a definition for ``Hawaii precious coral
ecosystem component species (Hawaii precious coral ECS)'' in
alphabetical order and revise the definition of ``Hawaii precious coral
management unit species (Hawaii precious coral MUS)'' to read as
follows:

Sec. 665.261 Definitions.

* * * * *
Hawaii precious coral ecosystem component species (Hawaii precious
coral ECS) means those species identified as ECS in the Hawaii FEP.
Hawaii precious coral management unit species (Hawaii precious
coral MUS) means the following species:

------------------------------------------------------------------------
Common name Scientific name
------------------------------------------------------------------------
Pink coral................................ Pleurocorallium secundum.
Red coral................................. Hemicorallium laauense.
Gold coral................................ Kulamanamana haumeaae.
Bamboo coral.............................. Acanella sp.
Black coral............................... Antipathes griggi,
Antipathes grandis,
Myriopathes ulex.
------------------------------------------------------------------------

* * * * *

0
42. In Sec. 665.262, revise paragraph (a) to read as follows:

Sec. 665.262 Permits.

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

0
43. In Sec. 665.263, revise the introductory text of paragraphs (b)
and (c) to read as follows:

Sec. 665.263 Prohibitions.

* * * * *
(b) Fish for, take, or retain any species of Hawaii precious coral
MUS or Hawaii precious coral ECS in any precious coral permit area:
* * * * *
(c) Take and retain, possess, or land any live Hemicorallium
laauense, Pleurocorallium secundum, Corallium sp., or live black coral
from any precious coral permit area that is less

[[Page 2774]]

than the minimum height specified in Sec. 665.265 unless:
* * * * *

0
44. In Sec. 665.265, revise paragraphs (a) and (b) to read as follows:

Sec. 665.265 Size restrictions.

0
45. Revise Sec. 665.270 to read as follows:

Sec. 665.270 Gold coral harvest moratorium.

Fishing for, taking, or retaining any gold coral MUS or ECS in any
precious coral permit area is prohibited through June 30, 2023.

0
46. In Sec. 665.401, add a definition for ``Mariana bottomfish
ecosystem component species (Mariana bottomfish ECS)'' in alphabetical
order and revise the definition of ``Mariana bottomfish management unit
species (Mariana bottomfish MUS)'' to read as follows:

Sec. 665.401 Definitions.

* * * * *
Mariana bottomfish ecosystem component species (Mariana bottomfish
ECS) means those species identified as ECS in the Marianas Archipelago
FEP and not defined as Mariana bottomfish MUS.
Mariana bottomfish management unit species (Mariana bottomfish MUS)
means the following fish:

------------------------------------------------------------------------
Local name Common name Scientific name
------------------------------------------------------------------------
lehi/maroobw.................... red snapper, Aphareus rutilans.
silvermouth.
tarakitu/etam................... giant trevally, Caranx ignobilis.
jack.
tarakiton attelong, orong....... black trevally, Caranx lugubris.
jack.
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.
funai, saas..................... blueline snapper.. Lutjanus kasmira.
buninas, falaghal-maroobw....... yellowtail snapper Pristipomoides
auricilla.
buninas, pakapaka, falaghal- pink snapper...... Pristipomoides
maroobw,. filamentosus.
buninas, falaghal-maroobw....... yelloweye snapper. Pristipomoides
flavipinnis.
pink snapper...... Pristipomoides
seiboldii.
buninas rayao amariyu, falaghal- flower snapper.... Pristipomoides
maroobw. zonatus.
------------------------------------------------------------------------

0
47. In Sec. 665.403, revise paragraph (a) introductory text to read as
follows:

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 or ECS 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:
* * * * *

0
48. In Sec. 665.404, revise paragraphs (a)(1) and (2) to read as
follows:

Sec. 665.404 Permits.

(a) * * *
(1) Guam large vessel. The owner of any large vessel used to fish
for, land, or transship Mariana bottomfish MUS or ECS 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 or ECS 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.
* * * * *

0
49. Revise Sec. 665.405 to read as follows:

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 or ECS 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 MUS or ECS 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 or ECS
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 or ECS that were harvested in violation of Sec.
665.405(c).
(e) Use a vessel to fish commercially for Mariana bottomfish MUS or
ECS in 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) 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 or ECS in the CNMI
management subarea in violation of Sec. 665.14(b).

0
50. Revise Sec. 665.421 to read as follows:

Sec. 665.421 Definitions.

As used in Sec. Sec. 665.420 through 665.439, Mariana coral reef
ecosystem component species (Mariana coral reef ECS) are those species
identified in the Marianas Archipelago FEP and are not defined as MUS
or another ECS in this subpart.

0
51. Revise Sec. 665.423 to read as follows:

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 ECS is not allowed within the boundary
of a National

[[Page 2775]]

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.

0
52. In Sec. 665.424, revise paragraphs (a)(1) and (2) and (a)(3)(i)
and (ii) to read as follows:

Sec. 665.424 Permits and fees.

(a) * * *
(1) Special permit. Any person of the United States fishing for,
taking or retaining Mariana coral reef ECS 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 ECS in low-use MPAs as defined
in Sec. 665.399;
(ii) Mariana coral reef ECS in the coral reef ecosystem management
area; or
(iii) Mariana coral reef ECS 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 any Mariana
coral reef ECS harvested within low-use MPAs.
(3) * * *
(i) Any person issued a permit to fish under any FEP who
incidentally catches Mariana coral reef ECS while fishing for
bottomfish MUS or ECS, crustacean ECS, western Pacific pelagic MUS,
precious coral ECS, or seamount groundfish MUS.
(ii) Any person fishing for Mariana coral reef ECS outside of an
MPA, who does not retain any Mariana coral reef ECS.
* * * * *

0
53. In Sec. 665.425, revise paragraphs (a) introductory text, (a)(3),
and (b) introductory text to read as follows:

Sec. 665.425 Prohibitions.

* * * * *
(a) Fish for, take, retain, possess or land any Mariana coral reef
ECS in any low-use MPA as defined in Sec. 665.12 unless:
* * * * *
(3) The Mariana coral reef ECS 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 ECS species:
* * * * *

0
54. Revise Sec. 665.426 to read as follows:

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 ECS harvested under a special permit, and report the port
and the approximate date and time at which the catch will be landed.

0
55. In Sec. 665.427, revise paragraphs (a) introductory text and (b)
to read as follows:

Sec. 665.427 Allowable gear and gear restrictions.

(a) Mariana coral reef ECS may be taken only with the following
allowable gear and methods:
* * * * *
(b) Mariana coral reef ECS 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 ECS in the management area is prohibited.
* * * * *

0
56. In Sec. 665.441, add a definition for ``Mariana crustacean
ecosystem component species (Mariana crustacean ECS)'' in alphabetical
order and remove the definition of ``Mariana crustacean management unit
species''.
The addition reads as follows:

Sec. 665.441 Definitions.

* * * * *
Mariana crustacean ecosystem component species (Mariana crustacean
ECS) means those species identified as ECS in the Marianas Archipelago
FEP.

0
57. In Sec. 665.442, revise paragraph (a)(2) to read as follows:

Sec. 665.442 Permits.

(a) * * *
(2) The owner of any vessel used to fish for Heterocarpus sp. in
Crustacean Permit Area 5 must have a permit issued for that vessel.
* * * * *

0
58. Revise Sec. 665.443 to read as follows:

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 Heterocarpus sp.
without a permit issued under Sec. 665.442.

0
59. In Sec. 665.461, add introductory text and a definition for
``Mariana precious coral ecosystem component species (Mariana precious
coral ECS)'' in alphabetical order and remove the definition of
``Mariana precious coral management unit species'' to read as follows:

Sec. 665.461 Definitions.

As used in Sec. Sec. 665.460 through 665.470:
Mariana precious coral ecosystem component species (Mariana
precious coral ECS) means those species identified as ECS in the
Marianas Archipelago FEP.
* * * * *

0
60. In Sec. 665.462, revise paragraph (a) to read as follows:

Sec. 665.462 Permits.

(a) Any vessel of the United States fishing for, taking, or
retaining Mariana precious coral ECS in any Mariana Archipelago
precious coral permit area must have a permit issued under Sec.
665.13.
* * * * *

0
61. In Sec. 665.463, revise paragraphs (a), (b) introductory text, and
(c) introductory text to read as follows:

Sec. 665.463 Prohibitions.

* * * * *
(a) Use any vessel to fish for, take, retain, possess or land
Mariana precious coral ECS 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
ECS in any Mariana precious coral permit area:
* * * * *
(c) Take and retain, possess, or land any live Hemicorallium
laauense, Pleurocorallium secundum, Corallium sp., or live black coral
from any precious coral permit area that is less than the minimum
height specified in Sec. 665.465 unless:
* * * * *

0
62. In Sec. 665.465, revise paragraphs (a) and (b) to read as follows:

Sec. 665.465 Size restrictions.