50 Cfr 665

Pt. 665

50 CFR Ch. VI (10–1–19 Edition)

trips would be deemed consistent with
Federal law.
(d) Boat Limits Off the coast of California, boat limits apply, whereby each
fisherman aboard a vessel may continue to use recreational angling gear
until the combined daily limits of HMS
for all licensed and juvenile anglers
aboard has been attained (additional
state restrictions on boat limits may
apply). Unless otherwise prohibited,
when two or more persons are angling
for HMS species aboard a vessel in the
EEZ, fishing may continue until boat
limits are reached.
(e) Restrictions on Filleting of Tuna
South of Point Conception. South of a
line running due west true from Point
Conception, Santa Barbara County
(34°27′ N. latitude) to the U.S.-Mexico
border, any tuna that has been filleted
must be individually bagged as follows:
(1) The bag must be marked with the
species’ common name; and
(2) The fish must be cut into the following six pieces with all skin attached: the four loins, the collar removed as one piece with both pectoral
fins attached and intact, and the belly
cut to include the vent and with both
pelvic fins attached and intact.
[72 FR 58259, Oct. 15, 2007, as amended at 80
FR 44891, July 28, 2015]

665.100 American Samoa bottomfish fisheries [Reserved]
665.101 Definitions.
665.102 [Reserved]
665.103 Prohibitions.
665.104 Gear restrictions.
665.105 At-sea observer coverage.
665.106–665.119 [Reserved]
665.120 American Samoa coral reef ecosystem fisheries [Reserved]
665.121 Definitions.
665.122 [Reserved]
665.123 Relation to other laws.
665.124 Permits and fees.
665.125 Prohibitions.
665.126 Notifications.
665.127 Allowable gear and gear restrictions.
665.128 Gear identification.
665.129–665.139 [Reserved]
665.140 American Samoa crustacean fisheries [Reserved]
665.141 Definitions.
665.142 Permits.
665.143 Prohibitions.
665.144 Notifications.
665.145 At-sea observer coverage.
665.146–665.159 [Reserved]
665.160 American Samoa precious coral fisheries [Reserved]
665.161 Definitions.
665.162 Permits.
665.163 Prohibitions.
665.164 Gear restrictions.
665.165 Size restrictions.
665.166 Closures.
665.167 Quotas.
665.168 Seasons.
665.169 Gold coral harvest moratorium.

Subpart C—Hawaii Fisheries

PART 665—FISHERIES IN THE
WESTERN PACIFIC
Subpart A—General

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Sec.
665.1 Purpose and scope.
665.2 Relation to other laws.
665.3 Licensing and registration.
665.4 Annual catch limits.
665.5–665.11 [Reserved]
665.12 Definitions.
665.13 Permits and fees.
665.14 Reporting and recordkeeping.
665.15 Prohibitions.
665.16 Vessel identification.
665.17 Experimental fishing.
665.18 Framework adjustments to management measures.
665.19 Vessel monitoring system.
665.20 Western Pacific Community Development Program.

Subpart B—American Samoa Fisheries
665.98
665.99

Management area.
Area restrictions.

665.198 Management areas.
665.199 Area restrictions [Reserved]
665.200 Hawaii bottomfish and seamount
groundfish fisheries [Reserved]
665.201 Definitions.
665.202 Management subareas.
665.203 Permits.
665.204 Prohibitions.
665.205 Notification.
665.206 Gear restrictions.
665.207 At-sea observer coverage.
665.208 Protected species conservation.
665.209 Fishing moratorium at Hancock
Seamount.
665.210 [Reserved]
665.211 Annual Catch Limit (ACL).
665.212 Non-commercial bag limits.
665.213–665.219 [Reserved]
665.220 Hawaii coral reef ecosystem fisheries
[Reserved]
665.221 Definitions.
665.222 Management area.
665.223 Relation to other laws.
665.224 Permits and fees.
665.225 Prohibitions.
665.226 Notifications.

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Fishery Conservation and Management
665.227 Allowable gear and gear restrictions.
665.228 Gear identification.
665.229–665.239 [Reserved]
665.240 Hawaii crustacean fisheries [Reserved]
665.241 Definitions.
665.242 Permits.
665.243 Prohibitions.
665.244 Notifications.
665.245 Gear restrictions.
665.246 Gear identification.
665.247 At-sea observer coverage.
665.248 Monk seal protective measures.
665.249 Lobster size and condition restrictions in Permit Area 2.
665.250 Closed seasons.
665.251 Closed areas.
665.252 Harvest limitation program.
665.253–665.259 [Reserved]
665.260 Hawaii precious coral fisheries [Reserved]
665.261 Definitions.
665.262 Permits.
665.263 Prohibitions.
665.264 Gear restrictions.
665.265 Size restrictions.
665.266 Area restrictions.
665.267 Seasons.
665.268 Closures.
665.269 Quotas.
665.270 Gold coral harvest moratorium.

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Subpart D—Mariana Archipelago Fisheries
665.398 Management areas.
665.399 Area restrictions.
665.400 Mariana bottomfish fisheries [Reserved]
665.401 Definitions.
665.402 Management subareas.
665.403 Bottomfish fishery area management.
665.404 Permits.
665.405 Prohibitions.
665.406 Gear restrictions.
665.407 At-sea observer coverage.
665.418–665.419 [Reserved]
665.420 Mariana coral reef ecosystem fisheries [Reserved]
665.421 Definitions.
665.422 Management area.
665.423 Relation to other laws.
665.424 Permits and fees.
665.425 Prohibitions.
665.426 Notifications.
665.427 Allowable gear and gear restrictions.
665.428 Gear identification.
665.429–665.439 [Reserved]
665.440 Mariana crustacean fisheries [Reserved]
665.441 Definitions.
665.442 Permits.
665.443 Prohibitions.
665.444 Notifications.
665.445 At-sea observer coverage.
665.446–665.459 [Reserved]
665.460 Mariana precious coral fisheries [Reserved]

Pt. 665
665.461 Definitions.
665.462 Permits.
665.463 Prohibitions.
665.464 Gear restrictions.
665.465 Size restrictions.
665.466 Closures.
665.467 Quotas.
665.468 Seasons.
665.469 Gold coral harvest moratorium.

Subpart E—Pacific Remote Island Area
Fisheries
665.598 Management area.
665.599 Area Restrictions.
665.600 PRIA bottomfish fisheries [Reserved]
665.601 Definitions.
665.602 [Reserved]
665.603 Permits.
665.604 Prohibitions.
665.605 Gear restrictions.
665.606 At-sea observer coverage.
665.607–665.619 [Reserved]
665.620 PRIA coral reef ecosystem fisheries
[Reserved]
665.621 Definitions.
665.622 [Reserved]
665.623 Relation to other laws.
665.624 Permits and fees.
665.625 Prohibitions.
665.626 Notifications.
665.627 Allowable gear and gear restrictions.
665.628 Gear identification.
665.640 PRIA crustacean fisheries.
665.629–665.639 [Reserved]
665.641 Definitions.
665.642 Permits.
665.643 Prohibitions.
665.644 Notifications
665.645 At-sea observer coverage.
665.646–665.659 [Reserved]
665.660 PRIA precious coral fisheries [Reserved]
665.661 Definitions.
665.662 Permits.
665.663 Prohibitions.
665.664 Gear restrictions.
665.665 Size restrictions.
665.666 Closures.
665.667 Quotas.
665.668 Seasons.
665.669 Gold coral harvest moratorium.

Subpart F—Western Pacific Pelagic
Fisheries
665.798
665.799
665.800
665.801
665.802
665.803
665.804
665.805
665.806
665.807
ing

Management area.
Area restrictions.
Definitions.
Permits.
Prohibitions.
Notifications.
Gear identification.
[Reserved]
Prohibited area management.
Exemptions for Hawaii longline fishprohibited areas; procedures.

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§ 665.1

50 CFR Ch. VI (10–1–19 Edition)

665.808 Conditions for at-sea observer coverage.
665.809 Port privileges and transiting for
unpermitted U.S. longline vessels.
665.810 Prohibition of drift gillnetting.
665.811 [Reserved]
665.812 Sea turtle take mitigation measures.
665.813 Western Pacific longline fishing restrictions.
665.814 Protected species workshop.
665.815 Pelagic longline seabird mitigation
measures.
665.816 American Samoa longline limited
entry program.
665.817 [Reserved]
665.818 Exemptions for American Samoa
large vessel prohibited areas.
665.819 Territorial catch and fishing effort
limits.

Subpart G—Marianas Trench Marine
National Monument
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

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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.
FIGURE 1 TO PART 665—CARAPACE LENGTH OF
LOBSTERS
FIGURE 2 TO PART 665—LENGTH OF FISHING
VESSELS
FIGURE 3 TO PART 665—SAMPLE FABRICATED
ARCENEAUX LINE CLIPPER

Subpart A—General
§ 665.1

[75 FR 2205, Jan. 14, 2010, as amended at 80
FR 62501, Oct. 16, 2015; 84 FR 2768, Feb. 8,
2019]

§ 665.2

Relation to other laws.

NMFS recognizes that any state law
pertaining to vessels registered under
the laws of that state while operating
in the fisheries regulated under this
part, that is consistent with this part
and the FEPs implemented by this
part, shall continue in effect with respect to fishing activities regulated
under this part.
§ 665.3

AUTHORITY: 16 U.S.C. 1801 et seq.
SOURCE: 75 FR 2205, Jan. 14, 2010, unless
otherwise noted.

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.
(b) General regulations governing
fishing by all vessels of the United
States and by fishing vessels other
than vessels of the United States are
contained in 50 CFR parts 300 and 600.
(c) Regulations governing the harvest, possession, landing, purchase, and
sale of shark fins are found in 50 CFR
part 600 subpart N.
(d) This subpart contains regulations
that are common to all western Pacific
fisheries managed under Fishery Ecosystem Plans (FEPs) prepared by the
Western Pacific Fishery Management
Council under the Magnuson-Stevens
Act.
(e) Regulations specific to individual
areas and fisheries are included in subparts B through F of this part.
(f) Nothing in subparts B through F
of this part is intended to supersede
any valid state or Federal regulations
that are more restrictive than those
published here.

Licensing and registration.

Any person who is required to do so
by applicable state law or regulation

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Fishery Conservation and Management

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must comply with licensing and registration requirements in the exact
manner required by applicable state
law or regulation.
§ 665.4 Annual catch limits.
(a) General. For each fishing year, the
Regional Administrator shall specify
an annual catch limit, including any
overage adjustments, for each stock or
stock complex of management unit
species defined in subparts B through F
of this part, as recommended by the
Council, and considering the best available scientific, commercial, and other
information about the fishery for that
stock or stock complex. The annual
catch limit shall serve as the basis for
invoking accountability measures in
paragraph (f) of this section.
(b) Overage adjustments. If landings of
a stock or stock complex exceed the
specified annual catch limit in a fishing year, the Council will take action
in accordance with 50 CFR 600.310(g),
which may include recommending that
the Regional Administrator reduce the
annual catch limit for the subsequent
year by the amount of the overage or
other measures, as appropriate.
(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).
(d) Annual catch target. For each fishing year, the Regional Administrator
may also specify an annual catch target that is below the annual catch
limit of a stock or stock complex, as
recommended by the Council. When
used, the annual catch target shall
serve as the basis for invoking accountability measures in paragraph (f) of
this section.
(e) Procedures and timing. (1) No later
than 60 days before the start of a fishing year, the Council shall recommend
to the Regional Administrator an annual catch limit, including any overage
adjustment, for each stock or stock
complex. The recommended limit
should be based on a recommendation
of the SSC of the acceptable biological
catch for each stock or stock complex.
The Council may not recommend an
annual catch limit that exceeds the acceptable biological catch recommended

§ 665.12
by the SSC. The Council may also recommend an annual catch target below
the annual catch limit.
(2) No later than 30 days before the
start of a fishing year, the Regional
Administrator shall publish in the FEDERAL REGISTER a notice of the proposed
annual catch limit specification and
any associated annual catch target,
and request public comment.
(3) No later than the start of a fishing year, the Regional Administrator
shall publish in the FEDERAL REGISTER
and use other methods to notify permit
holders of the final annual catch limit
specification and any associated annual catch target.
(f) Accountability measures. When any
annual catch limit or annual catch target is projected to be reached, based on
available information, the Regional
Administrator shall publish notification to that effect in the FEDERAL REGISTER and shall use other means to notify permit holders.
(1) The notice will include an advisement that fishing for that stock or
stock complex will be restricted beginning on a specified date, which shall
not be earlier than 7 days after the
date of filing the notice for public inspection at the Office of the Federal
Register. The restriction may include,
but is not limited to, closure of the
fishery, closure of specific areas,
changes to bag limits, or restrictions
in effort. The restriction will remain in
effect until the end of the fishing year,
except that the Regional Administrator may, based on a recommendation from the Council, remove or modify the restriction before the end of the
fishing year.
(2) It is unlawful for any person to
conduct fishing in violation of the restrictions specified in the notification
issued pursuant to paragraph (f)(1) of
this section.
[76 FR 37286, June 27, 2011, as amended at 84
FR 2768, Feb. 8, 2019]

§§ 665.5–665.11
§ 665.12

[Reserved]

Definitions.

In addition to the definitions in the
Magnuson-Stevens Act, § 600.10 of this
chapter, and subparts B through F of

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§ 665.12

50 CFR Ch. VI (10–1–19 Edition)

this part, general definitions for western Pacific fisheries have the following
meanings:
American Samoa FEP means the Fishery Ecosystem Plan for American
Samoa, available from the Western Pacific Fishery Management Council or
PIRO.
Bottomfish FMP means the Fishery
Management Plan for Bottomfish and
Seamount Groundfish of the Western
Pacific Region established in 1986 and
replaced by FEPs.
Carapace length means a measurement in a straight line from the ridge
between the two largest spines above
the eyes, back to the rear edge of the
carapace of a spiny lobster (see Figure
1 to this part).
Circle hook means a fishing hook with
the point turned perpendicularly back
towards the shank.
Commercial fishing means fishing in
which the fish harvested, either in
whole or in part, are intended to enter
commerce or enter commerce through
sale, barter, or trade. All lobster fishing in Crustacean Permit Area 1 is considered commercial fishing.
Commonwealth of the Northern Mariana Islands (CNMI) means the Northern Mariana Islands.
Coral Reef Ecosystems FMP means the
Fishery Management Plan for Coral
Reef Ecosystems of the Western Pacific
Region established in 2004 and replaced
by FEPs.
Council means the Western Pacific
Fishery Management Council.
Crustacean receiving vessel means a
vessel of the United States to which
lobsters taken in a crustacean management area are transferred from another
vessel.
Crustaceans FMP means the Fishery
Management Plan for Crustacean Fisheries of the Western Pacific Region established in 1982 and replaced by FEPs.
Customary exchange means the nonmarket 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.
Dead coral means any precious coral
that no longer has any live coral polyps or tissue.
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.
EFP means an experimental fishing
permit.
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).
Fishing gear, as used in regulations
for the American Samoa, CNMI, Hawaii, and PRIA bottomfish fisheries in
subparts B through E of this part, includes:
(1) Bottom trawl, which means a
trawl in which the otter boards or the
footrope of the net are in contact with
the sea bed;
(2) Gillnet, (see § 600.10);
(3) Hook-and-line, which means one
or more hooks attached to one or more
lines;
(4) Set net, which means a stationary, buoyed, and anchored gill net;
and
(5) Trawl, (see § 600.10).
Fishing trip means a period of time
during which fishing is conducted, beginning when the vessel leaves port and
ending when the vessel lands fish.

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Fishery Conservation and Management
Fishing year means the year beginning at 0001 local time on January 1
and ending at 2400 local time on December 31, with the exception of fishing
for Deep 7 bottomfish and any precious
coral MUS.
Freeboard means the straight line
vertical distance between a vessel’s
working deck and the sea surface. If
the vessel does not have gunwale door
or stern door that exposes the working
deck, freeboard means the straight line
vertical distance between the top of a
vessel’s railing and the sea surface.
Harvest guideline means a specified
numerical harvest objective.
Hawaiian Archipelago means the Main
and Northwestern Hawaiian Islands, including Midway Atoll.
Hawaii FEP means the Fishery Ecosystem Plan for the Hawaiian Archipelago, available from the Western Pacific Fishery Management Council or
PIRO.
Hookah breather means a tethered underwater breathing device that pumps
air from the surface through one or
more hoses to divers at depth.
Incidental catch or incidental species
means species caught while fishing for
the primary purpose of catching a different species.
Land or landing means offloading fish
from a fishing vessel, arriving in port
to begin offloading fish, or causing fish
to be offloaded from a fishing vessel.
Large vessel means, as used in this
part, any vessel equal to or greater
than 50 ft (15.2 m) in length overall.
Length overall (LOA) or length of a
vessel as used in this part, means the
horizontal distance, rounded to the
nearest foot (with any 0.5 foot or 0.15
meter fraction rounded upward), between the foremost part of the stem
and the aftermost part of the stern, excluding bowsprits, rudders, outboard
motor brackets, and similar fittings or
attachments (see Figure 2 to this part).
‘‘Stem’’ is the foremost part of the vessel, consisting of a section of timber or
fiberglass, or cast forged or rolled
metal, to which the sides of the vessel
are united at the fore end, with the
lower end united to the keel, and with
the bowsprit, if one is present, resting
on the upper end. ‘‘Stern’’ is the aftermost part of the vessel.

§ 665.12
Live coral means any precious coral
that has live coral polyps or tissue.
Live rock means any natural, hard
substrate, including dead coral or rock,
to which is attached, or which supports, any living marine life form associated with coral reefs.
Low-use marine protected area (MPA)
means an area of the U.S. EEZ where
fishing operations have specific restrictions in order to protect the coral reef
ecosystem, as specified under area restrictions in subparts B through F of
this part.
Main Hawaiian Islands (MHI) means
the islands of the Hawaii Archipelago
lying to the east of 161° W. long.
Mariana Archipelago means Guam and
the Northern Mariana Islands.
Mariana FEP means the Fishery Ecosystem Plan for the Mariana Archipelago, available from the Western Pacific Fishery Management Council or
PIRO.
Medium vessel, as used in this part,
means any vessel equal to or more than
40 ft (12.2 m) and less than 50 ft (15.2 m)
LOA.
Non-commercial fishing means fishing
that does not meet the definition of
commercial fishing in the MagnusonStevens Fishery Conservation and
Management Act, and includes, but is
not limited to, sustenance, subsistence,
traditional
indigenous,
and
recreational fishing.
Non-precious coral means any species
of coral other than those listed under
the definitions for precious coral in
§§ 665.161, 665.261, 665.461, and 665.661.
Non-selective gear means any gear
used for harvesting coral that cannot
discriminate or differentiate between
types, size, quality, or characteristics
of living or dead coral.
Northwestern Hawaiian Islands (NWHI)
means the islands of the Hawaiian Archipelago lying to the west of 161° W.
long.
No-take MPA means an area of the
U.S. EEZ that is closed to fishing for or
harvesting of any MUS or ECS, as defined in subparts B through F of this
part.
Offload means to remove MUS or ECS
from a vessel.
Offset circle hook means a circle hook
in which the barbed end of the hook is
displaced relative to the parallel plane

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§ 665.12

50 CFR Ch. VI (10–1–19 Edition)

of the eyed end, or shank, of the hook
when laid on its side.
Owner, as used in the regulations for
the crustacean fisheries in subparts B
through E of this part and § 665.203(i)
and (j), means a person who is identified as the current owner of the vessel
as described in the Certificate of Documentation (Form CG–1270) issued by
the United States Coast Guard (USCG)
for a documented vessel, or in a registration certificate issued by a state, a
territory, or the USCG for an undocumented vessel. As used in the regulations for the precious coral fisheries in
subparts B through E of this part and
§ 665.203(c) through (h), the definition of
‘‘owner’’ in § 600.10 of this chapter continues to apply.
Pacific Islands Regional Office (PIRO)
means the headquarters of the Pacific
Islands Region, NMFS, located at 1845
Wasp Blvd., Bldg. 176, Honolulu, HI
96818; telephone number: 808–725–5000.
Pacific remote island areas (PRIA, or
U.S. island possessions in the Pacific
Ocean) means Palmyra Atoll, Kingman
Reef, Jarvis Island, Baker Island,
Howland Island, Johnston Atoll, Wake
Island, and Midway Atoll.
Pelagics FEP means the Fishery Ecosystem Plan for Pelagic Fisheries of
the Western Pacific, available from the
Western Pacific Fishery Management
Council or PIRO.
Pelagics FMP means the Fishery Management Plan for Pelagic Fisheries of
the Western Pacific Region that was
established in 1987 and replaced by the
western Pacific pelagic FEP.
Precious Corals FMP means the Fishery Management Plan for Precious Corals of the Western Pacific Region established in 1983 and replaced by fishery ecosystem plans (FEPs).
PRIA FEP means the Fishery Ecosystem Plan for the Pacific Remote Island Areas of Palmyra Atoll, Kingman
Reef, Jarvis Island, Baker Island,
Howland Island, Johnston Atoll, and
Wake Island, available from the Western Pacific Fishery Management Council or PIRO.
Protected species means an animal
protected under the MMPA, as amended, listed under the ESA, as amended,
or subject to the Migratory Bird Treaty Act, as amended.

Receiving vessel means a vessel that
receives fish or fish products from a
fishing vessel, and with regard to a vessel holding a permit under § 665.801(e),
that also lands western Pacific pelagic
MUS taken by other vessels using
longline gear.
Recreational fishing means fishing
conducted for sport or pleasure, including charter fishing.
Regional Administrator means Regional Administrator, Pacific Islands
Region, NMFS (see Table 1 of § 600.502
of this chapter for address).
Selective gear means any gear used for
harvesting coral that can discriminate
or differentiate between type, size,
quality, or characteristics of living or
dead coral.
Special Agent-In-Charge (SAC) means
the Special Agent-In-Charge, NMFS,
Pacific Islands Enforcement Division,
located at 1845 Wasp Blvd., Bldg. 176,
Honolulu, HI 96818; telephone number:
808–725–6100, or a designee.
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 § 665.127,
§ 665.227, or § 665.427.
SSC means the Scientific and Statistical Committee of the Western Pacific
Fishery Management Council.
State of Hawaii commercial marine license means the license required by the
State of Hawaii for anyone to take marine life for commercial purposes (also
known as the commercial fishing license).
Transship means to offload or otherwise transfer MUS or ECS or products
thereof to a receiving vessel.
Trap means a box-like device used for
catching and holding lobsters or fish.
U.S. harvested coral means coral
caught, taken, or harvested by vessels
of the United States within any fishery
for which an FMP or FEP has been implemented under the Magnuson-Stevens Act.
Vessel monitoring system unit (VMS
unit) means the hardware and software
owned by NMFS, installed on vessels
by NMFS, and required to track and
transmit the positions of certain vessels.
Western Pacific fishery management
area means those waters shoreward of
the outer boundary of the EEZ around

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Fishery Conservation and Management
American Samoa, Guam, Hawaii,
CNMI, Midway, Johnston and Palmyra
Atolls, Kingman Reef, and Wake, Jarvis, Baker, and Howland Islands.

kpayne on VMOFRWIN702 with $$_JOB

[75 FR 2205, Jan. 14, 2010, as amended at 76
FR 37286, June 27, 2011; 78 FR 33003, June 3,
2013; 79 FR 64111, Oct. 28, 2014; 84 FR 2768,
Feb. 8, 2019; 84 FR 29396, June 24, 2019]

§ 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.
(b) Validity. Each permit is valid for
fishing only in the specific fishery
management areas identified on the
permit.
(c) Application. (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.
(d) Change in application information.
Any change in the permit application
information or vessel documentation,
submitted under paragraph (c) of this
section, must be reported to PIRO in
writing within 15 days of the change to
avoid a delay in processing the permit
application. A minimum of 10 days
from the day the information is received by PIRO should be given for
PIRO to record any change in information from the permit application submitted under paragraph (c) of this section. Failure to report such changes
may result in a delay in processing an
application, permit holders failing to
receive important notifications, or

§ 665.13
sanctions pursuant to the MagnusonStevens Act at 16 U.S.C. 1858(g) or 15
CFR part 904, subpart D.
(e) Issuance. After receiving a complete application submitted under
paragraph (c) of this section, the Regional Administrator will issue a permit to an applicant who is eligible
under this part, as appropriate.
(f) Fees. (1) PIRO will not charge a fee
for a permit issued under §§ 665.142,
665.162, 665.242, 665.262, 665.442, 665.462,
665.642, or 665.662 of this part, for a
Ho’omalu limited access permit issued
under § 665.203, or for a Guam
bottomfish
permit
issued
under
§ 665.404.
(2) PIRO will charge a non-refundable
processing fee for each application (including 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:
(i) Hawaii longline limited access
permit.
(ii) Mau Zone limited access permit.
(iii) Coral reef ecosystem special permit.
(iv) American Samoa longline limited access permit.
(v) MHI non-commercial bottomfish
permit.
(vi) Western Pacific squid jig permit.
(vii) Crustacean permit.
(viii) CNMI commercial bottomfish
permit.
(ix) Marianas Trench Monument noncommercial 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

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§ 665.14

50 CFR Ch. VI (10–1–19 Edition)

valid for the period specified on the
permit unless revoked, suspended,
transferred, or modified under 15 CFR
part 904.
(h) Replacement. Replacement permits
may be issued, without charge, to replace lost or mutilated permits. An application for a replacement permit is
not considered a new application.
(i) Transfer. An application for a permit
transfer
under
§§ 665.203(d),
665.242(e), or 665.801(k), or for registration of a permit for use with a replacement vessel under § 665.203(i), must be
submitted to PIRO as described in
paragraph (c) of this section.
(j) Alteration. Any permit that has
been altered, erased, or mutilated is invalid.
(k) Display. Any permit issued under
this subpart, or a facsimile of such permit, must be on board the vessel at all
times while the vessel is fishing for,
taking, retaining, possessing, or landing MUS 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.
(l) Sanctions. Procedures governing
sanctions and denials are found at subpart D of 15 CFR part 904.
(m) Permit appeals. Procedures for appeals of permitting and administrative
actions are specified in the relevant
subparts of this part.

kpayne on VMOFRWIN702 with $$_JOB

[75 FR 2205, Jan. 14, 2010, as amended at 78
FR 33003, June 3, 2013; 78 FR 39583, July 2,
2013; 84 FR 2769, Feb. 8, 2019]

§ 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.
(b) Fishing record forms—(1) Applicability. (i) The operator of a fishing vessel subject to the requirements of
§§ 665.124, 665.142, 665.162, 665.203(a)(2),
665.224, 665.242, 665.262, 665.404, 665.424,
665.442, 665.462, 665.603, 665.624, 665.642,
665.662, 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.
(ii) All information specified by the
Regional Administrator must be recorded on paper or electronically within 24 hours after the completion of each
fishing day. The logbook information,
reported on paper or electronically, for
each day of the fishing trip must be
signed and dated or otherwise authenticated by the vessel operator in the
manner determined by the Regional
Administrator, and be submitted or
transmitted via an approved method as
specified by the Regional Administrator, and as required by this paragraph (b).
(iii) In lieu of the requirements in
paragraph (a)(1)(i) of this section, the
operator of a fishing vessel registered
for use under a Western Pacific squid
jig permit pursuant to the requirements of § 665.801(g) may participate in
a state reporting system. If participating in a state reporting system, all
required information must be recorded
and submitted in the exact manner required by applicable state law or regulation.
(2) Timeliness of submission. (i) If fishing was authorized under a permit pursuant to §§ 665.142, 665.242, 665.442,
665.404, 665.162, 665.262, 665.462, 665.662,
or 665.801, the vessel operator must submit the original logbook information
for each day of the fishing trip to the
Regional Administrator within 72
hours of the end of each fishing trip,
except as allowed in paragraph (iii) of
this section.
(ii) If fishing was authorized under a
permit pursuant to § 665.203(a)(2), the
vessel operator or vessel owner must
submit the original logbook form for
each day of the fishing trip to the Regional Administrator within 72 hours
of the end of each fishing trip.
(iii) If fishing was authorized under a
PRIA bottomfish permit pursuant to
§ 665.603(a), PRIA pelagic troll and
handline permit pursuant to § 665.801(f),
crustacean fishing permit for the PRIA
(Permit Area 4) pursuant to § 665.642(a),
or a precious coral fishing permit for
Permit Area X–P–PI pursuant to
§ 665.662, the original logbook form for

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kpayne on VMOFRWIN702 with $$_JOB

Fishery Conservation and Management
each day of fishing within EEZ waters
around the PRIA must be submitted to
the Regional Administrator within 30
days of the end of each fishing trip.
(iv) If fishing was authorized under a
permit pursuant to §§ 665.124, 665.224,
665.424, 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.
(c) Transshipment logbooks. Any person subject to the requirements of
§ 665.124(a)(2),
§ 665.224(a)(2),
§ 665.424(a)(2),
§ 665.624(a)(2),
or
§ 665.801(e) must maintain on board the
vessel an accurate and complete NMFS
transshipment logbook containing report forms provided by the Regional
Administrator. All information specified on the forms must be recorded on
the forms within 24 hours after the day
of transshipment. Each form must be
signed and dated by the receiving vessel operator. The original logbook for
each day of transshipment activity
must be submitted to the Regional Administrator within 72 hours of each
landing of western Pacific pelagic
MUS. The original logbook for each
day of transshipment activity must be
submitted to the Regional Administrator within 7 days of each landing of
coral reef ECS.
(d) Sales report. The operator of any
fishing vessel subject to the requirements of § 665.142, § 665.242, § 665.442, or
§ 665.642, or the owner of a medium or
large fishing vessel subject to the requirements of § 665.404(a)(2) must submit to the Regional Administrator,
within 72 hours of offloading of crustacean MUS 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.
(e) Packing or weigh-out slips. The operator of any fishing vessel subject to
the requirements of §§ 665.142, 665.242,
665.442, or 665.642 must attach packing
or weighout slips provided to the operator by the first-level buyer(s), unless
the packing or weighout slips have not
been provided in time by the buyer(s).
(f) Modification of reporting and recordkeeping requirements. The Regional
Administrator may, after consultation

§ 665.14
with the Council, initiate rulemaking
to modify the information to be provided on the fishing record forms,
transshipment logbook, and sales report forms and timeliness by which the
information is to be provided, including the submission of packing or
weighout slips.
(g) Availability of records for inspection. (1) Western Pacific pelagic MUS.
Upon request, any fish dealer must immediately provide an authorized officer
access to inspect and copy all records
of purchases, sales, or other transactions involving western Pacific pelagic MUS taken or handled by
longline vessels that have permits
issued under this subpart or that are
otherwise subject to subpart F of this
part, including, but not limited to, information concerning:
(i) The name of the vessel involved in
each transaction and the owner and operator of the vessel.
(ii) The weight, number, and size of
each species of fish involved in each
transaction.
(iii) Prices paid by the buyer and proceeds to the seller in each transaction.
(2) 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 §§ 665.140 through 665.145, §§ 665.240
through 665.252, §§ 665.440 through
665.445, or §§ 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:
(i) The name of the vessel involved in
each transaction and the owner or operator of the vessel.
(ii) The amount, number, and size of
each MUS or ECS involved in each
transaction.
(iii) Prices paid by the buyer and proceeds to the seller 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

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§ 665.15

50 CFR Ch. VI (10–1–19 Edition)

§§ 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 §§ 665.120 through
665.128,
§§ 665.220
through
665.228,
§§ 665.420 through 665.428, or §§ 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 § 600.10 of this chapter.
(h) State reporting. Any person who
has a permit under §§ 665.124, 665.203,
665.224, 665.404, 665.424, 665.603, or 665.624
and who is regulated by state laws and
regulations to maintain and submit
records of catch and effort, landings
and sales for vessels regulated by subparts B through F of this part must
maintain and submit those records in
the exact manner required by state
laws and regulations.
[75 FR 2205, Jan. 14, 2010, as amended at 78
FR 33003, June 3, 2013; 78 FR 39583, July 2,
2013; 84 FR 2769, Feb. 8, 2019]

kpayne on VMOFRWIN702 with $$_JOB

§ 665.15

Prohibitions.

In addition to the prohibitions in
§ 600.725 of this chapter, it is unlawful
for any person to:
(a) Engage in fishing without a valid
permit or facsimile of a valid permit on
board the vessel and available for inspection by an authorized officer, when
a permit is required under §§ 665.13 or
665.17, unless the vessel was at sea
when the permit was issued under
§ 665.13, in which case the permit must
be on board the vessel before its next
trip.
(b) File false information on any application for a fishing permit under
§ 665.13 or an EFP under § 665.17.
(c) Fail to file reports in the exact
manner required by any state law or
regulation, as required in § 665.14.
(d) Falsify or fail to make, keep,
maintain, or submit any logbook or
logbook form or other record or report
required under §§ 665.14 and 665.17.

(e) Refuse to make available to an
authorized officer or a designee of the
Regional Administrator for inspection
or copying, any records that must be
made available in accordance with
§ 665.14.
(f) Fail to affix or maintain vessel or
gear markings, as required by §§ 665.16,
665.128, 665.228, 665.246, 665.428, 665.628,
or 665.804.
(g) Violate a term or condition of an
EFP issued under § 665.17.
(h) Fail to report any take of or
interaction with protected species as
required by § 665.17(k).
(i) Fish without an observer on board
the vessel after the owner or agent of
the owner has been directed by NMFS
to make accommodations available for
an observer under §§ 665.17, 665.105,
665.145, 665.207, 665.247, 665.407, 665.445,
665.606, 665.645, or 665.808.
(j) Refuse to make accommodations
available for an observer when so directed by the Regional Administrator
under §§ 665.105, 665.145, 665.207, 665.247,
665.407, 665.445, 665.606, 665.645, or
665.808, or under any provision in an
EFP issued under § 665.17.
(k) Fail to notify officials as required
in §§ 665.126, 665.144, 665.205, 665.226,
665.244, 665.426, 665.444, 665.626, 665.644,
665.803, or 665.808.
(l) Fish for, take or retain within a
no-take MPA, defined in § 665.99,
§ 665.199, § 665.399, or § 665.599, any
bottomfish MUS or ECS, crustacean
MUS or ECS, western Pacific pelagic
MUS, precious coral MUS or ECS, seamount groundfish MUS, or coral reef
ecosystem ECS.
(m) Fail to comply with a term or
condition governing the vessel monitoring system in violation of § 665.19.
(n) Fish for, catch, or harvest MUS or
ECS without an operational VMS unit
on board the vessel after installation of
the VMS unit by NMFS, in violation of
§ 665.19(e)(2).
(o) Possess MUS 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 § 665.19(e)(2).
(p) Interfere with, tamper with, alter,
damage, disable, or impede the operation of a VMS unit or attempt any of
the same; or move or remove a VMS

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Fishery Conservation and Management
unit without the prior permission of
the SAC in violation of § 665.19(e)(3).
(q) Make a false statement, oral or
written, to an authorized officer, regarding the use, operation, or maintenance of a VMS unit, in violation of
§ 665.19(e).
(r) Interfere with, impede, delay, or
prevent the installation, maintenance,
repair, inspection, or removal of a VMS
unit, in violation of § 665.19(e).
(s) Interfere with, impede, delay, or
prevent access to a VMS unit by a
NMFS observer, in violation of
§ 665.808(f)(4).
(t) Connect or leave connected additional equipment to a VMS unit without the prior approval of the SAC, in
violation of § 665.19(f).
(u) Fail to comply with the restrictions specified in the notification
issued pursuant to § 665.4(f)(1), in violation of § 665.15(f)(2).

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[75 FR 2205, Jan. 14, 2010, as amended at 76
FR 37287, June 27, 2011; 84 FR 2769, Feb. 8,
2019]

§ 665.16 Vessel identification.
(a) Applicability. Each fishing vessel
subject to this part, except those identified in paragraph (e) of this section,
must be marked for identification purposes, as follows:
(1) A vessel that is registered for use
with a valid permit issued under
§ 665.801 and used to fish on the high
seas within the Convention Area as defined in § 300.211 of this title must be
marked in accordance with the requirements at §§ 300.14 and 300.217 of this
title.
(2) A vessel that is registered for use
with a valid permit issued under
§ 665.801 of this part and not used to fish
on the high seas within the Convention
Area must be marked in accordance
with either:
(i) Sections 300.14 and 300.217 of this
title, or
(ii) Paragraph (b) of this section.
(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.
(b) Identification. Each vessel subject
to this section must be marked as follows:

§ 665.17
(1) The vessel’s official number must
be affixed to the port and starboard
sides of the deckhouse or hull, and on
an appropriate weather deck, so as to
be visible from enforcement vessels and
aircraft. Marking must be legible and
of a color that contrasts with the background.
(2) For fishing and receiving vessels
of 65 ft (19.8 m) LOA or longer, the official number must be displayed in block
Arabic numerals at least 18 inches (45.7
cm) in height, except that vessels in
precious coral fisheries that are 65 ft
(19.8 m) LOA or longer must be marked
in block Arabic numerals at least 14
inches (35.6 cm) in height.
(3) For all other vessels, the official
number must be displayed in block Arabic numerals at least 10 inches (25.4
cm) in height.
(c) The vessel operator must ensure
that the official number is clearly legible and in good repair.
(d) The vessel operator must ensure
that no part of the vessel, its rigging,
or its fishing gear obstructs the view of
the official number from an enforcement vessel or aircraft.
(e) The following fishing vessels are
exempt from the vessel identification
requirements in this section:
(1) A vessel registered for use under a
MHI non-commercial bottomfish permit that is in compliance with State of
Hawaii bottomfish vessel registration
and marking requirements.
(2) A vessel less than 40 ft (12.2 m)
LOA registered for use under a CNMI
commercial bottomfish permit that is
in compliance with CNMI bottomfish
vessel registration and marking requirements.
[75 FR 2205, Jan. 14, 2010, as amended at 75
FR 3417, Jan. 21, 2010; 78 FR 33003, June 3,
2013; 78 FR 39583, July 2, 2013]

§ 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.

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§ 665.17

50 CFR Ch. VI (10–1–19 Edition)

(b) Observers. No experimental fishing
for crustacean MUS or ECS may be
conducted unless a NMFS observer is
aboard the vessel.
(c) Application. An applicant for an
EFP must submit to the Regional Administrator at least 60 days before the
desired date of the EFP a written application including, but not limited to,
the following information:
(1) The date of the application.
(2) The applicant’s name, mailing address, and telephone number.
(3) A statement of the purposes and
goals of the experiment for which an
EFP is needed, including a general description of the arrangements for disposition of all species harvested under
the EFP.
(4) A statement of whether the proposed experimental fishing has broader
significance than the applicant’s individual goals.
(5) For each vessel to be covered by
the EFP:
(i) Vessel name.
(ii) Name, address, and telephone
number of owner and operator.
(iii) USCG documentation, state license, or registration number.
(iv) Home port.
(v) Length of vessel.
(vi) Net tonnage.
(vii) Gross tonnage.
(6) A description of the species (directed and incidental) to be harvested
under the EFP and the amount of such
harvest necessary to conduct the experiment.
(7) For each vessel covered by the
EFP, the approximate times and places
fishing will take place, and the type,
size, and amount of gear to be used.
(8) The signature of the applicant.
(d) Incomplete applications. The Regional Administrator may request from
an applicant additional information
necessary to make the determinations
required under this section. An applicant will be notified of an incomplete
application within 10 working days of
receipt of the application. An incomplete application will not be considered
until corrected in writing.
(e) Issuance. (1) If an application contains all of the required information,
NMFS will publish a notice of receipt
of the application in the FEDERAL REGISTER with a brief description of the

proposal and will give interested persons an opportunity to comment. The
Regional Administrator will also forward copies of the application to the
Council, the USCG, and the fishery
management agency of the affected
state, accompanied by the following information:
(i) The current utilization of domestic annual harvesting and processing
capacity (including existing experimental harvesting, if any) of the directed and incidental species for which
an EFP is being requested.
(ii) A citation of the regulation or
regulations that, without the EFP,
would prohibit the proposed activity.
(iii) Biological information relevant
to the proposal.
(2) At a Council meeting following receipt of a complete application, the Regional Administrator will consult with
the Council and the Director of the affected state fishery management agency concerning the permit application.
The applicant will be notified in advance of the meeting at which the application will be considered, and invited to appear in support of the application, if the applicant desires.
(3) Within 5 working days after the
consultation in paragraph (e)(2) of this
section, or as soon as practicable thereafter, NMFS will notify the applicant
in writing of the decision to grant or
deny the EFP and, if denied, the reasons for the denial. Grounds for denial
of an EFP include, but are not limited
to, the following:
(i) The applicant has failed to disclose material information required, or
has made false statements as to any
material fact, in connection with his or
her application.
(ii) According to the best scientific
information available, the harvest to
be conducted under the permit would
detrimentally affect any species of fish
in a significant way.
(iii) Issuance of the EFP would inequitably allocate fishing privileges
among domestic fishermen or would
have economic allocation as its sole
purpose.
(iv) Activities to be conducted under
the EFP would be inconsistent with
the intent of this section or the management objectives of the FEP.

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Fishery Conservation and Management
(v) The applicant has failed to demonstrate a valid justification for the
permit.
(vi) The activity proposed under the
EFP would create a significant enforcement problem.
(4) The decision to grant or deny an
EFP is final and unappealable. If the
permit is granted, NMFS will publish a
notice in the FEDERAL REGISTER describing the experimental fishing to be
conducted under the EFP. The Regional Administrator may attach
terms and conditions to the EFP consistent with the purpose of the experiment including, but not limited to:
(i) The maximum amount of each
species that can be harvested and landed during the term of the EFP, including trip limits, where appropriate.
(ii) The number, sizes, names, and
identification numbers of the vessels
authorized to conduct fishing activities
under the EFP.
(iii) The times and places where experimental fishing may be conducted.
(iv) The type, size, and amount of
gear which may be used by each vessel
operated under the EFP.
(v) The condition that observers be
carried aboard vessels operating under
an EFP.
(vi) Data reporting requirements.
(vii) Such other conditions as may be
necessary to assure compliance with
the purposes of the EFP consistent
with the objectives of the FEP.
(f) Duration. Unless otherwise specified in the EFP or a superseding notice
or regulation, an EFP is effective for
no longer than one (1) year from the
date of issuance, unless revoked, suspended, or modified. EFPs may be renewed following the application procedures in this section.
(g) Alteration. Any EFP that has been
altered, erased, or mutilated is invalid.
(h) Transfer. EFPs issued under subparts B through F of this part are not
transferable or assignable. An EFP is
valid only for the vessel(s) for which it
is issued.
(i) Inspection. Any EFP issued under
subparts B through F of this part must
be carried aboard the vessel(s) for
which it was issued. The EFP must be
presented for inspection upon request
of any authorized officer.

§ 665.18
(j) Sanctions. Failure of the holder of
an EFP to comply with the terms and
conditions of an EFP, the provisions of
subparts A through F of this part, any
other applicable provision of this part,
the Magnuson-Stevens Act, or any
other regulation promulgated thereunder, is grounds for revocation, suspension, or modification of the EFP
with respect to all persons and vessels
conducting activities under the EFP.
Any action taken to revoke, suspend,
or modify an EFP will be governed by
15 CFR part 904 subpart D. Other sanctions available under the statute will
be applicable.
(k) Protected species. Persons fishing
under an EFP must report any incidental take or fisheries interaction
with protected species on a form provided for that purpose. Reports must be
submitted to the Regional Administrator within 3 days of arriving in port.
[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2769, Feb. 8, 2019]

§ 665.18 Framework adjustments to
management measures.
Framework
measures
described
below for each specific fishery are valid
for all management areas, except
where specifically noted in this section.
(a) Pelagic measures—(1) Introduction.
Adjustments in management measures
may be made through rulemaking if
new information demonstrates that
there are biological, social, or economic concerns in the fishery. The following framework process authorizes
the implementation of measures that
may affect the operation of the fisheries, gear, harvest guidelines, or
changes in catch and/or effort.
(2) Annual report. By June 30 of each
year, the Council-appointed pelagics
monitoring team will prepare an annual report on the fisheries in the management area. The report shall contain, among other things, recommendations for Council action and an assessment of the urgency and effects of such
action(s).
(3) Procedure for established measures.
(i) Established measures are regulations for which the impacts have been
evaluated in Council or NMFS documents in the context of current conditions.

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§ 665.18

50 CFR Ch. VI (10–1–19 Edition)

(ii) The Council may recommend to
the Regional Administrator that established measures be modified, removed,
or reinstituted. Such recommendation
shall include supporting rationale and
analysis, and shall be made after advance public notice, public discussion,
and consideration of public comment.
NMFS may implement the Council’s
recommendation by rulemaking if approved by the Regional Administrator.
(4) Procedure for new measures. (i) New
measures are regulations for which the
impacts have not been evaluated in
Council or NMFS documents in the
context of current conditions.
(ii) The Council will publicize, including by FEDERAL REGISTER notice,
and solicit public comment on, any
proposed new management measure.
After a Council meeting at which the
measure is discussed, the Council will
consider recommendations and prepare
a FEDERAL REGISTER notice summarizing the Council’s deliberations, rationale, and analysis for the preferred
action, and the time and place for any
subsequent Council meeting(s) to consider the new measure. At subsequent
public meeting(s), the Council will consider public comments and other information received to make a recommendation to the Regional Administrator about any new measure. NMFS
may implement the Council’s recommendation by rulemaking if approved by the Regional Administrator.
(b) Crustacean measures—(1) Introduction. New management measures may
be added through rulemaking if new information demonstrates that there are
biological, social, or economic concerns in Permit Areas 1, 2, or 3. The
following framework process authorizes the implementation of measures
that may affect the operation of the
fisheries, gear, harvest guidelines, or
changes in catch and/or effort.
(2) Annual report. By June 30 of each
year, the Council-appointed team will
prepare an annual report on the fisheries in the management area. The report shall contain, among other things,
recommendations for Council action
and an assessment of the urgency and
effects of such action(s).
(3) Procedure for established measures.
(i) Established measures are regulations for which the impacts have been

evaluated in Council or NMFS documents in the context of current conditions.
(ii) The Council may recommend to
the Regional Administrator that established measures be modified, removed,
or reinstituted. Such recommendation
shall include supporting rationale and
analysis, and shall be made after advance public notice, public discussion,
and consideration of public comment.
NMFS may implement the Council’s
recommendation by rulemaking if approved by the Regional Administrator.
(4) Procedure for new measures. (i) New
measures are regulations for which the
impacts have not been evaluated in
Council or NMFS documents in the
context of current conditions.
(ii) The Council will publicize, including by a FEDERAL REGISTER document, and solicit public comment on,
any proposed new management measure. After a Council meeting at which
the measure is discussed, the Council
will consider recommendations and
prepare a FEDERAL REGISTER document
summarizing the Council’s deliberations, rationale, and analysis for the
preferred action, and the time and
place for any subsequent Council meeting(s) to consider the new measure. At
subsequent public meeting(s), the
Council will consider public comments
and other information received to
make a recommendation to the Regional Administrator about any new
measure. NMFS may implement the
Council’s recommendation by rulemaking if approved by the Regional
Administrator.
(c) Bottomfish measures—(1) Annual reports. By June 30 of each year, a Council-appointed bottomfish monitoring
team will prepare an annual report on
the fishery by area covering the following topics:
(i) Fishery performance data.
(ii) Summary of recent research and
survey results.
(iii) Habitat conditions and recent alterations.
(iv) Enforcement activities and problems.
(v) Administrative actions (e.g., data
collection and reporting, permits).
(vi) State and territorial management actions.

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Fishery Conservation and Management
(vii) Assessment of need for Council
action (including biological, economic,
social, enforcement, administrative,
and state/Federal needs, problems, and
trends). Indications of potential problems warranting further investigation
may be signaled by the following indicator criteria:
(A) Mean size of the catch of any species in any area is a pre-reproductive
size.
(B) Ratio of fishing mortality to natural mortality for any species.
(C) Harvest capacity of the existing
fleet and/or annual landings exceed
best estimate of MSY in any area.
(D) Significant decline (50 percent or
more) in bottomfish catch per unit of
effort from baseline levels.
(E) Substantial decline in ex-vessel
revenue relative to baseline levels.
(F) Significant shift in the relative
proportions of gear in any one area.
(G) Significant change in the frozen/
fresh components of the bottomfish
catch.
(H) Entry/exit of fishermen in any
area.
(I) Per-trip costs for bottomfish fishing exceed per-trip revenues for a significant percentage of trips.
(J) Significant decline or increase in
total bottomfish landings in any area.
(K) Change in species composition of
the bottomfish catch in any area.
(L) Research results.
(M) Habitat degradation or environmental problems.
(N) Reported interactions between
bottomfish fishing operations and protected species in the NWHI.
(viii) Recommendations for Council
action.
(ix) Estimated impacts of recommended action.
(2) Recommendation of management action. (i) The team may present management recommendations to the Council
at any time. Recommendations may
cover actions suggested for Federal
regulations, state/territorial action,
enforcement or administrative elements, and research and data collection. Recommendations will include an
assessment of urgency and the effects
of not taking action.
(ii) The Council will evaluate the
team’s reports and recommendations,
and the indicators of concern. The

§ 665.18
Council will assess the need for one or
more of the following types of management action: Catch limits, size limits,
closures, effort limitations, access limitations, or other measures.
(iii) The Council may recommend
management action by either the state/
territorial governments or by Federal
regulation.
(3) Federal management action. (i) If
the Council believes that management
action should be considered, it will
make specific recommendations to the
Regional Administrator after requesting and considering the views of its
Scientific and Statistical Committee
and Bottomfish Advisory Panel and obtaining public comments at a public
hearing.
(ii) The Regional Administrator will
consider the Council’s recommendation
and accompanying data, and, if he or
she concurs with the Council’s recommendation, will propose regulations
to carry out the action. If the Regional
Administrator rejects the Council’s
proposed action, a written explanation
for the denial will be provided to the
Council within 2 weeks of the decision.
(iii) The Council may appeal a denial
by writing to the Assistant Administrator, who must respond in writing
within 30 days.
(iv) The Regional Administrator and
the Assistant Administrator will make
their decisions in accord with the Magnuson-Stevens Act, other applicable
law, and the bottomfish measures of
the FEPs.
(v) To minimize conflicts between
the Federal and state management systems, the Council will use the procedures in paragraph (c)(2) of this section
to respond to state/territorial management actions. Council consideration of
action would normally begin with a
representative of the state or territorial government bringing a potential
or actual management conflict or need
to the Council’s attention.
(4) Access limitation procedures. (i) Access limitation may be adopted under
this paragraph (c)(4) only for the
NWHI, American Samoa, and Guam.
(ii) If access limitation is proposed
for adoption or subsequent modification through the process described in
this paragraph (c)(4), the following requirements must be met:

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§ 665.18

50 CFR Ch. VI (10–1–19 Edition)

(A) The bottomfish monitoring team
must consider and report to the Council on present participation in the fishery; historical fishing practices in, and
dependence on, the fishery; economics
of the fishery; capability of fishing vessels used in the fishery to engage in
other fisheries; cultural and social
framework relevant to the fishery; and
any other relevant considerations.
(B) Public hearings must be held specifically addressing the limited access
proposals.
(C) A specific advisory subpanel of
persons experienced in the fishing industry will be created to advise the
Council and the Regional Administrator on administrative decisions.
(D) The Council’s recommendation to
the Regional Administrator must be
approved by a two-thirds majority of
the voting members.
(5) Five-year review. The Council will
conduct a comprehensive review on the
effectiveness of the Mau Zone limited
access program 5 years following implementation of the program. The
Council will consider the extent to
which the FEP objectives have been
met and verify that the target number
of vessels established for the fishery is
appropriate for current fishing activity
levels, catch rates, and biological condition of the stocks. The Council may
establish a new target number based on
the 5-year review.
(d) Precious coral measures—(1) Introduction.
Established
management
measures may be revised and new management measures may be established
and/or revised through rulemaking if
new information demonstrates that
there are biological, social, or economic concerns in a precious coral permit area. The following framework
process authorizes the implementation
of measures that may affect the operation of the fisheries, gear, quotas, season, or levels of catch and/or in effort.
(2) Annual report. By June 30 of each
year, the Council-appointed precious
coral team will prepare an annual report on the fisheries in the management area. The report will contain,
among other things, recommendations
for Council action and an assessment of
the urgency and effects of such action(s).

(3) Procedure for established measures.
(i) Established measures are regulations for which the impacts have been
evaluated in Council or NMFS documents in the context of current conditions.
(ii) The Council may recommend to
the Regional Administrator that established measures be modified, removed,
or reinstituted. Such recommendation
will include supporting rationale and
analysis and will be made after advance public notice, public discussion,
and consideration of public comment.
NMFS may implement the Council’s
recommendation by rulemaking if approved by the Regional Administrator.
(4) Procedure for new measures. (i) New
measures are regulations for which the
impacts have not been evaluated in
Council or NMFS documents in the
context of current conditions.
(ii) The Council will publicize, including by a FEDERAL REGISTER document, and solicit public comment on,
any proposed new management measure. After a Council meeting at which
the measure is discussed, the Council
will consider recommendations and
prepare a FEDERAL REGISTER document
summarizing the Council’s deliberations, rationale, and analysis for the
preferred action and the time and place
for any subsequent Council meeting(s)
to consider the new measure. At a subsequent public meeting, the Council
will consider public comments and
other information received before making a recommendation to the Regional
Administrator about any new measure.
If approved by the Regional Administrator, NMFS may implement the
Council’s recommendation by rulemaking.
(e) Coral reef ecosystem measures—(1)
Procedure for established measures. (i)
Established measures are regulations
for which the impacts have been evaluated in Council or NMFS documents in
the context of current conditions.
(ii) The Council may recommend to
the Regional Administrator that established measures be modified, removed,
or reinstituted. Such recommendation
shall include supporting rationale and
analysis, and shall be made after advance public notice, public discussion
and consideration of public comment.
NMFS may implement the Council’s

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Fishery Conservation and Management
recommendation by rulemaking if approved by the Regional Administrator.
(2) Procedure for new measures. (i) New
measures are regulations for which the
impacts have not been evaluated in
Council or NMFS documents in the
context of current conditions. New
measures include, but are not limited
to, catch limits, resource size limits,
closures, effort limitations, reporting
and recordkeeping requirements.
(ii) The Regional Administrator will
publicize, including by FEDERAL REGISTER notice, and solicit public comment on, any proposed new management measure. After a Council meeting
at which the measure is discussed, the
Council will consider recommendations
and prepare a document summarizing
the Council’s deliberations, rationale,
and analysis for the preferred action,
and the time and place for any subsequent Council meeting(s) to consider
the new measure. At subsequent public
meeting(s), the Council will consider
public comments and other information received to make a recommendation to the Regional Administrator
about any new measure. NMFS may
implement the Council’s recommendation by rulemaking if approved by the
Regional Administrator.
(A) The Regional Administrator will
consider the Council’s recommendation
and supporting rationale and analysis,
and, if the Regional Administrator concurs with the Council’s recommendation, will propose regulations to carry
out the action. If the Regional Administrator rejects the Council’s proposed
action, the Regional Administrator
will provide a written explanation for
the denial within 2 weeks of the decision.
(B) The Council may appeal a denial
by writing to the Assistant Administrator, who must respond in writing
within 30 days.
(C) The Regional Administrator and
the Assistant Administrator will make
their decisions in accordance with the
Magnuson-Stevens Act, other applicable laws, and the FEPs.
(D) To minimize conflicts between
the Federal and state/territorial/commonwealth management systems, the
Council will use the procedures in this
paragraph (e)(2)(ii) to respond to state/
territorial/commonwealth management

§ 665.19
actions. The Council’s consideration of
action would normally begin with a
representative of the state, territorial
or commonwealth government bringing
a potential or actual management conflict or need to the Council’s attention.
(3) Annual report. By July 31 of each
year, a Council-appointed coral reef
ecosystem monitoring team will prepare an annual report on coral reef
fisheries of the western Pacific region.
The report will contain, among other
things:
(i) Fishery performance data, summaries of new information and assessments of need for Council action.
(ii) Recommendation for Council action. The Council will evaluate the annual report and advisory body recommendations and may recommend
management action by either the state/
territorial/commonwealth governments
or by Federal regulation.
(iii) If the Council believes that management action should be considered, it
will make specific recommendations to
the Regional Administrator after considering the views of its advisory bodies.
§ 665.19 Vessel monitoring system.
(a) Applicability. The holder of any of
the following permits is subject to the
vessel monitoring system requirements
in this part:
(1) Hawaii longline limited access
permit issued pursuant to § 665.801(b);
(2) American Samoa longline limited
entry permit, for vessel size Class C or
D, issued pursuant to § 665.801(c);
(3) Vessels permitted to fish in Crustacean Permit Area 1 VMS Subarea; or
(4) CNMI commercial bottomfish permit, if the vessel is a medium or large
bottomfish vessel, issued pursuant to
§ 665.404(a)(2).
(b) VMS unit. Only a VMS unit owned
by NMFS and installed by NMFS complies with the requirement of this subpart.
(c) Notification. After a permit holder
subject to § 665.19(a) has been notified
by the SAC of a specific date for installation of a VMS unit on the permit
holder’s vessel, the vessel must carry
and operate the VMS unit after the
date scheduled for installation.
(d) Fees and charges. During the experimental VMS program, the holder of

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§ 665.20

50 CFR Ch. VI (10–1–19 Edition)

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a permit subject to § 665.19(a) shall not
be assessed any fee or other charges to
obtain and use a VMS unit, including
the communication charges related directed to requirements under this section. Communication charges related
to any additional equipment attached
to the VMS unit by the owner or operator shall be the responsibility of the
owner or operator and not NMFS.
(e) Permit holder duties. The holder of
a permit subject to § 665.19(a) and master of the vessel must:
(1) Provide opportunity for the SAC
to install and make operational a VMS
unit after notification.
(2) Carry and continuously operate
the VMS unit on board whenever the
vessel is at sea.
(3) Not remove, relocate, or make
non-operational the VMS unit without
prior approval from the SAC.
(f) Authorization by the SAC. The SAC
has authority over the installation and
operation of the VMS unit. The SAC
may authorize the connection or order
the disconnection of additional equipment, including a computer, to any
VMS unit when deemed appropriate by
the SAC.
§ 665.20 Western Pacific Community
Development Program.
(a) General. In accordance with the
criteria and procedures specified in
this section, the Regional Administrator may authorize the direct or incidental harvest of management unit
species that would otherwise be prohibited by this part.
(b) Eligibility. To be eligible to participate in the western Pacific community development program, a community must meet the following criteria:
(1) Be located in American Samoa,
Guam, Hawaii, or the Northern Mariana Islands (collectively, the western
Pacific);
(2) Consist of community residents
descended from aboriginal people indigenous to the western Pacific who conducted commercial or subsistence fishing using traditional fishing practices
in the waters of the western Pacific;
(3) Consist of individuals who reside
in their ancestral homeland;
(4) Have knowledge of customary
practices relevant to fisheries of the
western Pacific;

(5) Have a traditional dependence on
fisheries of the western Pacific;
(6) Are currently experiencing economic or other constraints that have
prevented full participation in the
western Pacific fisheries and, in recent
years, have not had harvesting, processing or marketing capability sufficient to support substantial participation in fisheries in the area; and
(7) Develop and submit a community
development plan to the Council and
the NMFS that meets the requirements
in paragraph (c) of this section.
(c) Community development plan. An
eligible community seeking access to a
fishery under the authority of the
Council and NMFS must submit to the
Council a community development
plan that includes, but is not limited
to, the following information:
(1) A statement of the purposes and
goals of the plan.
(2) A description and justification for
the specific fishing activity being proposed, including:
(i) Location of the proposed fishing
activity.
(ii) Management unit species to be
harvested, and any potential bycatch.
(iii) Gear type(s) to be used.
(iv) Frequency and duration of the
proposed fishing activity.
(3) A statement describing the degree
of involvement by the indigenous community members, including the name,
address, telephone and other contact
information of each individual conducting the proposed fishing activity.
(4) A description of how the community and or its members meet each of
the eligibility criteria in paragraph (b)
of this section.
(5) If a vessel is to be used by the
community to conduct fishing activities, for each vessel:
(i) Vessel name and official number
(USCG documentation, state, territory,
or other registration number).
(ii) Vessel length overall, displacement, and fish holding capacity.
(iii) Any valid federal fishing permit
number(s).
(iv) Name, address, and telephone
number of the vessel owner(s) and operator(s).
(d) Council review. The Council will
review each community development
plan to ensure that it meets the intent

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Fishery Conservation and Management
of the Magnuson-Stevens Act and contains all required information. The
Council may consider advice of its advisory panels in conducting this review. If the Council finds the community development plan is complete, it
will transmit the plan to the Regional
Administrator for review.
(e) Agency review and approval. (1)
Upon receipt of a community development plan from the Council, the Regional Administrator will review the
plan for consistency with paragraphs
(b), (c), and (d) of this section, and
other applicable laws. The Regional
Administrator may request from the
applicant additional information necessary to make the determinations
pursuant to this section and other applicable laws before proceeding with
the review pursuant to paragraph (e)(2)
of this section.
(2) If the Regional Administrator determines that a plan contains the required information and is consistent
with paragraphs (b), (c), and (d) of this
section, and other applicable laws,
NMFS will publish a notice in the FEDERAL REGISTER to solicit public comment on the proposed plan and any associated environmental review documents. The notice will include the following:
(i) A description of the fishing activity to be conducted.
(ii) The current utilization of domestic annual harvesting and processing
capacity (including existing experimental harvesting, if any) of the target, incidental, and bycatch species.
(iii) A summary of any regulations
that would otherwise prohibit the proposed fishing activity.
(iv) Biological and environmental information relevant to the plan, including appropriate statements of environmental impacts on target and non-target stocks, marine mammals, and
threatened or endangered species.
(3) Within 90 days from the end of the
comment period on the plan, the Regional Administrator will notify the
applicant in writing of the decision to
approve or disapprove the plan.
(4) If disapproved, the Regional Administrator will provide the reasons for
the plan’s disapproval and provide the
community with the opportunity to
modify the plan and resubmit it for re-

§ 665.20
view. Reasons for disapproval may include, but are not limited to, the following:
(i) The applicant failed to disclose
material information or made false
statements related to the plan.
(ii) The harvest would contribute to
overfishing or would hinder the recovery of an overfished stock, according to
the best scientific information available.
(iii) The activity would be inconsistent with an applicable law.
(iv) The activity would create a significant enforcement, monitoring, or
administrative problem, as determined
by the Regional Administrator.
(5) If approved, the Regional Administrator will publish a notice of the authorization in the FEDERAL REGISTER,
and may attach limiting terms and
conditions to the authorization including, but not limited to, the following:
(i) The maximum amount of each
management unit species and potential
bycatch species that may be harvested
and landed during the term of the authorization.
(ii) The number, sizes, names, identification numbers, and federal permit
numbers of the vessels authorized to
conduct fishing activities.
(iii) Type, size, and amount of gear
used by each vessel, including trip limits.
(iv) The times and places where fishing may or may not be conducted.
(v) Notification, observer, vessel
monitoring, and reporting requirements.
(f) Duration. Unless otherwise specified, and unless revoked, suspended, or
modified, a plan may be effective for no
longer than five years.
(g) Transfer. Plans authorized under
this section are not transferable or assignable.
(h) Sanctions. The Regional Administrator may revoke, suspend or modify a
community development plan in the
case of failure to comply with the
terms and conditions of the plan, any
other applicable provision of this part,
the Magnuson-Stevens Act, or other
applicable laws.
(i) Program review. NMFS and the
Council will periodically review and assess each plan. If fishery, environmental, or other conditions have

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§ 665.98

50 CFR Ch. VI (10–1–19 Edition)

changed such that the plan’s goals or
requirements are not being met, or the
fishery has become in an overfished
state or overfishing is occurring, the
Regional Administrator may revoke,
suspend, or modify the plan.
[75 FR 54046, Sept. 3, 2010]

Subpart B—American Samoa
Fisheries
§ 665.98

Management area.

Area restrictions.

Fishing is prohibited in all no-take
MPAs. The following U.S. EEZ waters
around American Samoa are no-take
MPAs: Landward of the 50 fm (91.5 m)
curve around Rose Atoll, as depicted on
National Ocean Survey Chart Number
83484.
§ 665.100 American Samoa bottomfish
fisheries. [Reserved]
§ 665.101

Definitions.

As used in §§ 665.100 through 665.119:
American Samoa bottomfish 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:

Scientific name

savane ..................
palu-e`na e`na .........

blueline snapper ...
pink snapper ........

Lethrinus
rubrioperculatus.
Lutjanus kasmira.
Pristipomoides
filamentosus.
Pristipomoides
flavipinnis.
Pristipomoides
zonatus.

palu-sina ...............

yelloweye snapper

palu-ula, palu-sega

Snapper ................

§ 665.102

[Reserved]

§ 665.103

Prohibitions.

In addition to the general prohibitions specified in § 600.725 of this chapter and § 665.15, it is unlawful for any
person to fish for American Samoa
bottomfish MUS or ECS using gear prohibited under § 665.104.
[84 FR 2770, Feb. 8, 2019]

§ 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.
(b) Possession of gear. The possession
of a bottom trawl or bottom set gillnet
within the American Samoa fishery
management area is prohibited.
(c) Poisons and explosives. The possession or use of any poisons, explosives,
or intoxicating substances for the purpose of harvesting bottomfish is prohibited.
[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2770, Feb. 8, 2019]

§ 665.105

At-sea observer coverage.

All fishing vessels subject to §§ 665.100
through 665.105 must carry an observer
when directed to do so by the Regional
Administrator.
§§ 665.106–665.119

[Reserved]

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

Local name

Common name

Scientific name

palu-gutusiliva .......

red snapper,
silvermouth.
gray snapper,
jobfish.
black trevally, jack
lunartail grouper ...
red snapper ..........
red snapper ..........

Aphareus rutilans.

§ 665.121

Aprion virescens.

As used in §§ 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

asoama .................
kpayne on VMOFRWIN702 with $$_JOB

Common name
redgill emperor .....

[84 FR 2769, Feb. 8, 2019]

The American Samoa fishery management area is the EEZ seaward of
the Territory of American Samoa with
the inner boundary coterminous with
the seaward boundaries of the Territory of American Samoa and the outer
boundary designated as a line drawn in
such a manner that each point on it is
200 nautical miles from the baseline
from which the territorial sea is measured, or is coterminous with adjacent
international maritime boundaries.
§ 665.99

Local name
filoa-paomumu ......

tafauli ....................
papa, velo .............
palu malau ............
palu-loa .................

Caranx lugubris.
Variola louti.
Etelis carbunculus.
Etelis coruscans.

Definitions.

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Fishery Conservation and Management
and not defined as MUS or another ECS
in this subpart.
[84 FR 2770, Feb. 8, 2019]

§ 665.122

[Reserved]

§ 665.123

Relation to other laws.

To ensure consistency between the
management regimes of different Federal agencies with shared management
responsibilities of fishery resources
within the American Samoa fishery
management area, fishing for American Samoa coral reef 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.
[84 FR 2770, Feb. 8, 2019]

kpayne on VMOFRWIN702 with $$_JOB

§ 665.124

Permits and fees.

(a) Applicability. Unless otherwise
specified in this subpart, § 665.13 applies
to coral reef ecosystem permits.
(1) Special permit. Any person of the
United States fishing for, taking or retaining American Samoa coral reef
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 § 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) Exceptions. The following persons
are not required to have a permit under
this section:
(i) Any person issued a permit to fish
under any FEP who incidentally
catches American Samoa coral reef
ECS while fishing for bottomfish MUS
or ECS, crustacean ECS, western Pacific pelagic MUS, precious coral ECS,
or seamount groundfish MUS;

§ 665.124
(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
(iii) Any person collecting marine organisms for scientific research as described in § 665.17, or § 600.745 of this
chapter.
(b) Validity. Each permit will be valid
for fishing only in the fishery management area specified on the permit.
(c) General requirements. General requirements governing application information, issuance, fees, expiration,
replacement, transfer, alteration, display, sanctions, and appeals for permits are contained in § 665.13.
(d) Special permit. The Regional Administrator shall issue a special permit
in accordance with the criteria and
procedures specified in this section.
(1) Application. An applicant for a
special or transshipment permit issued
under this section must complete and
submit to the Regional Administrator,
a Special Coral Reef Ecosystem Fishing Permit Application Form issued by
NMFS. Information in the application
form must include, but is not limited
to, a statement describing the objectives of the fishing activity for which a
special permit is needed, including a
general description of the expected disposition of the resources harvested
under the permit (i.e., stored live,
fresh, frozen, preserved; sold for food,
ornamental, research, or other use; and
a description of the planned fishing operation, including location of fishing
and gear operation, amount and species
(directed and incidental) expected to be
harvested and estimated habitat and
protected species impacts).
(2) Incomplete applications. The Regional Administrator may request from
an applicant additional information
necessary to make the determinations
required under this section. An applicant will be notified of an incomplete
application within 10 working days of
receipt of the application. An incomplete application will not be considered
until corrected and completed in writing.
(3) Issuance. (i) If an application contains all of the required information,
the Regional Administrator will forward copies of the application within 30
days to the Council, the USCG, the

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§ 665.124

50 CFR Ch. VI (10–1–19 Edition)

fishery management agency of the affected state, and other interested parties who have identified themselves to
the Council, and the USFWS.
(ii) Within 60 days following receipt
of a complete application, the Regional
Administrator will consult with the
Council through its Executive Director, USFWS, and the Director of the affected state fishery management agency concerning the permit application
and will receive their recommendations for approval or disapproval of the
application based on:
(A) Information provided by the applicant;
(B) The current domestic annual harvesting and processing capacity of the
directed and incidental species for
which a special permit is being requested;
(C) The current status of resources to
be harvested in relation to the overfishing definition in the FEP;
(D) Estimated ecosystem, habitat,
and protected species impacts of the
proposed activity; and
(E) Other biological and ecological
information relevant to the proposal.
The applicant will be provided with an
opportunity to appear in support of the
application.
(iii) Following a review of the Council’s recommendation and supporting
rationale, the Regional Administrator
may:
(A) Concur with the Council’s recommendation and, after finding that it
is consistent with the goals and objectives of the FEP, the national standards, the Endangered Species Act, and
other applicable laws, approve or deny
a special permit; or
(B)
Reject
the
Council’s
recommendation, in which case, written
reasons will be provided by the Regional Administrator to the Council for
the rejection.
(iv) If the Regional Administrator
does not receive a recommendation
from the Council within 60 days of
Council receipt of the permit application, the Regional Administrator can
make a determination of approval or
denial independently.
(v) Within 30 working days after the
consultation in paragraph (d)(3)(ii) of
this section, or as soon as practicable
thereafter, NMFS will notify the appli-

cant in writing of the decision to grant
or deny the special permit and, if denied, the reasons for the denial.
Grounds for denial of a special permit
include the following:
(A) The applicant has failed to disclose material information required, or
has made false statements as to any
material fact, in connection with his or
her application.
(B) According to the best scientific
information available, the directed or
incidental catch in the season or location specified under the permit would
detrimentally affect any coral reef resource or coral reef ecosystem in a significant way, including, but not limited to issues related to, spawning
grounds or seasons, protected species
interactions, EFH, and habitat areas of
particular concern (HAPC).
(C) Issuance of the special permit
would inequitably allocate fishing
privileges among domestic fishermen
or would have economic allocation as
its sole purpose.
(D) The method or amount of harvest
in the season and/or location stated on
the permit is considered inappropriate
based on previous human or natural
impacts in the given area.
(E) NMFS has determined that the
maximum number of permits for a
given area in a given season has been
reached and allocating additional permits in the same area would be detrimental to the resource.
(F) The activity proposed under the
special permit would create a significant enforcement problem.
(vi) The Regional Administrator may
attach conditions to the special permit, if it is granted, consistent with
the management objectives of the FEP,
including, but not limited to: (A) The
maximum amount of each resource
that can be harvested and landed during the term of the special permit, including trip limits, where appropriate.
(B) The times and places where fishing may be conducted.
(C) The type, size, and amount of
gear which may be used by each vessel
operated under the special permit.
(D) Data reporting requirements.
(E) Such other conditions as may be
necessary to ensure compliance with
the purposes of the special permit consistent with the objectives of the FEP.

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Fishery Conservation and Management
(4) Appeals of permit actions. (i) Except
as provided in subpart D of 15 CFR part
904, any applicant for a permit or a permit holder may appeal the granting,
denial, conditioning, or suspension of
their permit or a permit affecting their
interests to the Regional Administrator. In order to be considered by the
Regional Administrator, such appeal
must be in writing, must state the action(s) appealed, and the reasons therefore, and must be submitted within 30
days of the original action(s) by the
Regional Administrator. The appellant
may request an informal hearing on
the appeal.
(ii) Upon receipt of an appeal authorized by this section, the Regional Administrator will notify the permit applicant, or permit holder, as appropriate, and will request such additional
information and in such form as will
allow action upon the appeal. Upon receipt of sufficient information, the Regional Administrator will rule on the
appeal in accordance with the permit
eligibility criteria set forth in this section and the FEP, as appropriate, based
upon information relative to the application on file at NMFS and the Council
and any additional information, the
summary record kept of any hearing
and the hearing officer’s recommended
decision, if any, and such other considerations as deemed appropriate. The
Regional Administrator will notify all
interested persons of the decision, and
the reasons therefore, in writing, normally within 30 days of the receipt of
sufficient information, unless additional time is needed for a hearing.
(iii) If a hearing is requested, or if
the Regional Administrator determines
that one is appropriate, the Regional
Administrator may grant an informal
hearing before a hearing officer designated for that purpose after first giving notice of the time, place, and subject matter of the hearing in the FEDERAL REGISTER. Such a hearing shall
normally be held no later than 30 days
following publication of the notice in
the FEDERAL REGISTER, unless the
hearing officer extends the time for
reasons deemed equitable. The appellant, the applicant (if different), and,
at the discretion of the hearing officer,
other interested parties, may appear
personally and/or be represented by

§ 665.125
counsel at the hearing and may submit
information and present arguments as
determined appropriate by the hearing
officer. Within 30 days of the last day
of the hearing, the hearing officer shall
recommend in writing a decision to the
Regional Administrator.
(iv) The Regional Administrator may
adopt
the
hearing
officer’s
recommended decision, in whole or in
part, or may reject or modify it. In any
event, the Regional Administrator will
notify interested persons of the decision, and the reason(s) therefore, in
writing, within 30 days of receipt of the
hearing officer’s recommended decision. The Regional Administrator’s action constitutes final action for the
agency for the purposes of the Administrative Procedure Act.
(5) The Regional Administrator may,
for good cause, extend any time limit
prescribed in this section for a period
not to exceed 30 days either upon his or
her own motion or upon written request from the Council, appellant or
applicant stating the reason(s) therefore.
[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2770, Feb. 8, 2019]

§ 665.125 Prohibitions.
In addition to the general prohibitions specified in § 600.725 of this chapter and § 665.15 of this part, it is unlawful for any person to do any of the following:
(a) Fish for, take, retain, possess or
land any American Samoa coral reef
ecosystem ECS in any low-use MPA as
defined in § 665.99 unless:
(1) A valid permit has been issued for
the hand harvester or the fishing vessel
operator that specifies the applicable
area of harvest;
(2) A permit is not required, as outlined in § 665.124; or
(3) The American Samoa coral reef
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:
(1) That is determined overfished
with subsequent rulemaking by the Regional Administrator;

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§ 665.126

50 CFR Ch. VI (10–1–19 Edition)

(2) By means of gear or methods prohibited under § 665.127;
(3) In a low-use MPA without a valid
special permit; or
(4) In violation of any permit issued
under §§ 665.13, 665.123, or 665.124.
(c) Fish for, take, or retain any wild
live rock or live hard coral except
under a valid special permit for scientific research, aquaculture seed
stock collection or traditional and ceremonial purposes by indigenous people.
[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2770, Feb. 8, 2019]

§ 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.
[84 FR 2770, Feb. 8, 2019]

kpayne on VMOFRWIN702 with $$_JOB

§ 665.127 Allowable gear and gear restrictions.
(a) American Samoa coral reef ECS
may be taken only with the following
allowable gear and methods:
(1) Hand harvest;
(2) Spear;
(3) Slurp gun;
(4) Hand net/dip net;
(5) Hoop net for Kona crab;
(6) Throw net;
(7) Barrier net;
(8) Surround/purse net that is attended at all times;
(9) Hook-and-line (includes handline
(powered or not), rod-and-reel, and
trolling);
(10) Crab and fish traps with vessel ID
number affixed; and (11) Remote-operating vehicles/submersibles.
(b) American Samoa coral reef 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.

(c) Existing FEP fisheries shall follow the allowable gear and methods
outlined in their respective plans.
(d) Any person who intends to fish
with new gear not included in this section must describe the new gear and its
method of deployment in the special
permit application. A decision on the
permissibility of this gear type will be
made by the Regional Administrator
after consultation with the Council and
the director of the affected state fishery management agency.
[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2770, Feb. 8, 2019]

§ 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 § 665.13 or § 665.124 or
that is otherwise established to be fishing for American Samoa coral reef ecosystem ECS in the management area.
(b) Enforcement action. (1) Traps not
marked in compliance with paragraph
(a) of this section and found deployed
in the coral reef ecosystem management area will be considered unclaimed
or abandoned property, and may be disposed of in any manner considered appropriate by NMFS or an authorized officer.
(2) Unattended surround nets or bait
seine nets found deployed in the coral
reef ecosystem management area will
be considered unclaimed or abandoned
property, and may be disposed of in
any manner considered appropriate by
NMFS or an authorized officer.
[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2770, Feb. 8, 2019]

§§ 665.129–665.139

[Reserved]

§ 665.140 American Samoa Crustacean
Fisheries. [Reserved]
§ 665.141

Definitions.

As used in §§ 665.140 through 665.159:
American Samoa crustacean ecosystem
component species (American Samoa crustacean ECS) means those species identified as ECS in the American Samoa
FEP.

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Fishery Conservation and Management
Crustacean Permit Area 3 (Permit Area
3) includes the EEZ around American
Samoa.
[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2770, Feb. 8, 2019]

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

kpayne on VMOFRWIN702 with $$_JOB

§ 665.143 Prohibitions.
In addition to the general prohibitions specified in § 600.725 of this chapter and § 665.15, in Crustacean Permit
Area 3, it is unlawful for any person to
fish for, take, or retain deepwater
shrimp without a permit issued under
§ 665.142.
§ 665.144 Notifications.
(a) The operator of any vessel fishing
subject to the requirements of this subpart must:
(1) Report, not less than 24 hours, but
not more than 36 hours, before landing,
the port, the approximate date and the
approximate time at which spiny and
slipper lobsters will be landed.
(2) Report, not less than 6 hours and
not more than 12 hours before offloading, the location and time that offloading of spiny and slipper lobsters
will begin.

§ 665.162
(b) The Regional Administrator will
notify permit holders of any change in
the reporting method and schedule required in paragraphs (a)(1) and (a)(2) of
this section at least 30 days prior to
the opening of the fishing season.
§ 665.145

At-sea observer coverage.

All fishing vessels subject to §§ 665.140
through 665.145 and subpart A of this
part must carry an observer when requested to do so by the Regional Administrator.
§§ 665.146–665.159

[Reserved]

§ 665.160 American Samoa precious
coral fisheries. [Reserved]
§ 665.161

Definitions.

As used in §§ 665.160 through 665.169:
American Samoa precious coral ecosystem component species (American
Samoa precious coral ECS) means those
species identified as ECS in the American Samoa FEP.
American Samoa precious coral permit
area means the area encompassing the
precious coral beds within the U.S.
EEZ around American Samoa. Each
bed is designated by a permit area code
and assigned to one of the following
four categories:
(1) Established beds. [Reserved]
(2) Conditional beds. [Reserved]
(3) Refugia. [Reserved]
(4) Exploratory Area. Permit Area X–
P–AS includes all coral beds, other
than established beds, conditional beds,
or refugia, in the EEZ seaward of
American Samoa.
[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2771, Feb. 8, 2019]

§ 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
§ 665.13.
(b) Each permit will be valid for fishing only in the permit area specified on
the permit. Precious Coral Permit
Areas are defined in § 665.161.
(c) No more than one permit will be
valid for any one vessel at any one
time.

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§ 665.163

50 CFR Ch. VI (10–1–19 Edition)

(d) No more than one permit will be
valid for any one person at any one
time.
(e) The holder of a valid permit to
fish one permit area may obtain a permit to fish another permit area only
upon surrendering to the Regional Administrator any current permit for the
precious coral fishery issued under
§ 665.13.
(f) General requirements governing
application information, issuance, fees,
expiration, replacement, transfer, alteration, display, sanctions, and appeals for permits for the precious coral
fishery are contained in § 665.13.
[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2771, Feb. 8, 2019]

kpayne on VMOFRWIN702 with $$_JOB

§ 665.163

Prohibitions.

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

of purchase, invoices, or other documentation.
[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2771, Feb. 8, 2019]

§ 665.164

Gear restrictions.

Only selective gear may be used to
harvest coral from any precious coral
permit area.
§ 665.165

Size restrictions.

The height of a live coral specimen
shall be determined by a straight line
measurement taken from its base to its
most distal extremity. The stem diameter of a living coral specimen shall
be determined by measuring the greatest diameter of the stem at a point no
less than 1 inch (2.54 cm) from the top
surface of the living holdfast.
(a) Live 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).
[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2771, Feb. 8, 2019]

§ 665.166

Closures.

(a) If the Regional Administrator determines that the harvest quota for
any coral bed will be reached prior to
the end of the fishing year, NMFS shall
publish a notice to that effect in the
FEDERAL REGISTER and shall use other
means to notify permit holders. Any
such notice must indicate the reason
for the closure, the bed being closed,
and the effective date of the closure.
(b) A closure is also effective for a
permit holder upon the permit holder’s
actual harvest of the applicable quota.
§ 665.167

Quotas.

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

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Fishery Conservation and Management
(b) Conditional bed closure. A conditional bed will be closed to all nonselective coral harvesting after the
quota for one species of coral has been
taken.
(c) Reserves and reserve release. The
quotas for exploratory area X–P–AS
will be held in reserve for harvest by
vessels of the United States in the following manner:
(1) At the start of the fishing year,
the reserve for the American Samoa
exploratory area will equal the quota
minus the estimated domestic annual
harvest for that year.
(2) As soon as practicable after December 31 each year, the Regional Administrator will determine the amount
harvested by vessels of the United
States between July 1 and December 31
of the year that just ended on December 31.
(3) NMFS will release to TALFF an
amount of precious coral for each exploratory area equal to the quota
minus two times the amount harvested
by vessels of the United States in that
July 1-December 31 period.
(4) NMFS will publish in the FEDERAL
REGISTER a notification of the Regional Administrator’s determination
and a summary of the information on
which it is based as soon as practicable
after the determination is made.
(d) 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.
[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2771, Feb. 8, 2019]
Local name

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(1)
(2)
(3)
(4)
(5)
(6)
(7)

§ 665.201
§ 665.168

Seasons.

The fishing year for precious coral
begins on July 1 and ends on June 30
the following year.
§ 665.169 Gold coral harvest moratorium.
Fishing for, taking, or retaining any
gold coral in any precious coral permit
area is prohibited through June 30,
2023.
[83 FR 27717, June 14, 2018]

Subpart C—Hawaii Fisheries
§ 665.198

Management area.

The Hawaii fishery management area
is the EEZ seaward of the State of Hawaii, including the Main Hawaiian Islands (MHI) and Northwestern Hawaiian Islands (NWHI), with the inner
boundary a line coterminous with the
seaward boundaries of the State of Hawaii and the outer boundary a line
drawn in such a manner that each
point on it is 200 nautical miles from
the baseline from which the territorial
sea is measured.
§ 665.199

Area restrictions [Reserved]

§ 665.200 Hawaii bottomfish and seamount groundfish fisheries. [Reserved]
§ 665.201

Definitions.

As used in §§ 665.200 through 665.219:
Deep 7 bottomfish means the following
species:

Common name

lehi ....................................................
ehu ...................................................
onaga ...............................................
hapuupuu .........................................
opakapaka ........................................
kalekale ............................................
gindai ................................................

Scientific name

silver jaw jobfish ....................................
squirrelfish snapper ...............................
longtail snapper .....................................
sea bass ................................................
pink snapper .........................................
pink snapper .........................................
snapper .................................................

Deep 7 bottomfish fishing year means
the year beginning at 0001 local time
on September 1 and ending at 2400 HST
on August 31 of the next calendar year.
Hawaii bottomfish ecosystem component
species (Hawaii bottomfish ECS) means
those species that are not listed as Ha-

Aphareus rutilans.
Etelis carbunculus.
Etelis coruscans.
Hyporthodus quernus.
Pristipomoides filamentosus.
Pristipomoides sieboldii.
Pristipomoides zonatus.

waii 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:

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§ 665.202

50 CFR Ch. VI (10–1–19 Edition)

Local name
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)

Common name

lehi ....................................................
uku ....................................................
ehu ...................................................
onaga ...............................................
hapuupuu .........................................
opakapaka ........................................
kalekale ............................................
gindai ................................................

Main Hawaiian Islands non-commercial
bottomfish permit means the permit required by § 665.203(a)(2) to own or fish
from a vessel that is used in any noncommercial vessel-based fishing, landing, or transshipment of any Hawaii
bottomfish MUS or ECS in the MHI
Management Subarea.
Protected species study zone means the
waters within 50 nm, as designated by
the Regional Administrator pursuant
to § 665.208, around the following islands of the NWHI and as measured
from the following coordinates:
Name

N. lat.

Nihoa Island .........................................
Necker Island .......................................
French Frigate Shoals .........................
Gardner Pinnacles ...............................
Maro Reef ............................................
Laysan Island ......................................
Lisianski Island ....................................
Pearl and Hermes Reef .......................
Midway Island ......................................
Kure Island ..........................................

23°05′
23°35′
23°45′
25°00′
25°25′
25°45′
26°00′
27°50′
28°14′
28°25′

W. long.
161°55′
164°40′
166°15′
168°00′
170°35′
171°45′
173°55′
175°50′
177°22′
178°20′

Seamount Groundfish means the following species:
Common name
Armorhead ...........
Alfonsin ................
Raftfish .................

Scientific name

§ 665.202 Management subareas.
(a) The Hawaii fishery management
area is divided into subareas with the
following designations and boundaries:
(1) Main Hawaiian Islands means the
U.S. EEZ around the Hawaiian Archipelago lying to the east of 161°20′ W.
long.
(2) Northwestern Hawaiian Islands
means the EEZ around the Hawaiian
Archipelago lying to the west of 161°20′
W. long. For the purposes of regula-

Aphareus rutilans.
Aprion virescens.
Etelis carbunculus.
Etelis coruscans.
Hyporthodus quernus.
Pristipomoides filamentosus.
Pristipomoides sieboldii.
Pristipomoides zonatus.

tions issued under this subpart, Midway Island is treated as part of the
NWHI Subarea.
(i) Ho’omalu Zone means that portion of the EEZ around the NWHI west
of 165° W. long.
(ii) Mau Zone means that portion of
the EEZ around the NWHI between
161°20′ W. long. and 165° W. long.
(3) Hancock Seamounts Ecosystem
Management Area means that portion
of the EEZ in the Northwestern Hawaiian Islands west of 180° W. long. and
north of 28° N. lat.
(b) The inner boundary of each management subarea is a line coterminous
with the seaward boundaries of the
State of Hawaii.
(c) The outer boundary of each management subarea is a line drawn in
such a manner that each point on it is
200 nautical miles from the baseline
from which the territorial sea is measured.
[75 FR 2205, Jan. 14, 2010, as amended at 75
FR 69015, Nov. 10, 2010]

§ 665.203

Pentaceros wheeleri.
Beryx splendens.
Hyperoglyphe japonica.

[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2771, Feb. 8, 2019; 84 FR 29396, June 24,
2019]

kpayne on VMOFRWIN702 with $$_JOB

Scientific name

silver jaw jobfish ....................................
gray jobfish ............................................
squirrelfish snapper ...............................
longtail snapper .....................................
sea bass ................................................
pink snapper .........................................
pink snapper .........................................
snapper .................................................

Permits.

(a) Applicability—(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

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Fishery Conservation and Management
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 obtain an MHI non-commercial bottomfish permit or a State
of Hawaii Commercial Marine License.
If one or more persons on a vesselbased bottomfish fishing trip holds an
MHI non-commercial permit, then the
entire trip is considered non-commercial, and not commercial. However, if
any commercial fishing occurs during
or as a result of a vessel-based fishing
trip, then the fishing trip is considered
commercial, and not non-commercial.
Charter boat customers are not subject
to the requirements of the section.
(b) Submission. (1) An application for
a permit required under this section
must be submitted to PIRO as described in § 665.13.
(2) Ho’omalu Zone limited access permit. In addition to an application
under § 665.13(c), each applicant for a
Ho’omalu Zone permit must also submit a supplementary information sheet
provided by PIRO, which must be
signed by the vessel owner or a designee and include the following information:
(i) The qualification criterion that
the applicant believes he or she meets
for issuance of a limited access permit;
(ii) A copy of landings receipts or
other documentation, with a certification from a state or Federal agency
that this information is accurate, to
demonstrate participation in the NWHI
bottomfish fishery; and
(iii) If the application is filed by a
partnership or corporation, the names
of each of the individual partners or
shareholders and their respective percentages of ownership of the partnership or corporation.
(3) Mau Zone limited access permit.
PIRO will not accept applications for a
new Mau Zone permit after June 14,
1999. In addition to an application
under § 665.13(c), each applicant for a

§ 665.203
Mau Zone permit must also submit a
supplementary information sheet provided by PIRO, which must be signed
by the vessel owner or a designee and
include the following information:
(i) The qualification criterion that
the applicant believes he or she meets
for issuance of a limited access permit;
(ii) Copy of State of Hawaii catch report(s) to demonstrate that the permitted vessel had made qualifying
landings of bottomfish from the Mau
Zone; and
(iii) If the application is filed by a
partnership or corporation, the names
of each of the individual partners or
shareholders and their respective percentage of ownership of the partnership
or corporation.
(c) Sale or transfer of Ho’omalu limited access permits to new vessel owners.
(1) A Ho’omalu zone permit may not
be sold or otherwise transferred to a
new owner.
(2) A Ho’omalu zone permit or permits may be held by a partnership or
corporation. If 50 percent or more of
the ownership of the vessel passes to
persons other than those listed in the
original application, the permit will
lapse and must be surrendered to the
Regional Administrator.
(d) Transfer of Ho’omalu Zone limited access permits to replacement vessels.
(1) Upon application by the owner of
a permitted vessel, the Regional Administrator will transfer that owner’s
permit to a replacement vessel owned
by that owner, provided that the replacement vessel does not exceed 60 ft
(18.3 m) LOA. The replacement vessel
must be put into service no later than
12 months after the owner applies for
the transfer, or the transfer shall be
void.
(2) An owner of a permitted vessel
may apply to the Regional Administrator for transfer of that owner’s permit to a replacement vessel greater
than 60 ft (18.3 m) LOA. The Regional
Administrator may transfer the permit
upon determining, after consultation
with the Council and considering the
objectives of the limited access program, that the replacement vessel has
catching power that is comparable to
the rest of the vessels holding permits

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§ 665.203

50 CFR Ch. VI (10–1–19 Edition)

for the fishery, or has catching power
that does not exceed that of the original vessel, and that the transfer is not
inconsistent with the objectives of the
program. The Regional Administrator
shall consider vessel length, range,
hold capacity, gear limitations, and
other appropriate factors in making determinations of catching power equivalency and comparability of the catching power of vessels in the fishery.
(e) Ho’omalu Zone limited access permit renewal.
(1) A qualifying landing for Ho’omalu
Zone permit renewal is a landing of at
least 2,500 lb (1,134 kg) of Hawaii
bottomfish MUS 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.
(2) The owner of a permitted vessel
that did not make three or more qualifying landings of bottomfish in a year
may apply to the Regional Administrator for a waiver of the landing requirement. If the Regional Administrator finds that failure to make three
landings was due to circumstances beyond the owner’s control, the Regional
Administrator may renew the permit.
A waiver may not be granted if the
failure to make three landings was due
to general economic conditions or market conditions, such that the vessel operations would not be profitable.
(f) Issuance of new Ho’omalu Zone
limited access permits. The Regional
Administrator
may
issue
new
Ho’omalu Zone limited access permits
under § 665.13 if the Regional Administrator determines, in consultation with
the Council, that bottomfish stocks in
the Ho’omalu Zone are able to support
additional fishing effort.
(g) Eligibility for new Ho’omalu Zone
limited access permits. When the Regional Administrator has determined
that new permits may be issued, they
shall be issued to applicants based
upon eligibility, determined as follows:
(1) Point system. (i) Two points will be
assigned for each year in which the ap-

plicant was owner or captain of a vessel that made three or more of any of
the following types of landings in the
NWHI:
(A)
Any
amount
of
Hawaii
bottomfish MUS, regardless of weight,
if made on or before August 7, 1985;
(B) At least 2,500 lb (1,134 kg) of Hawaii bottomfish MUS, if made after August 7, 1985; or
(C) At least 2,500 lb (1,134 kg) of any
fish lawfully harvested from the NWHI,
of which at least 50 percent by weight
was bottomfish, if made after August 7,
1985.
(ii) One point will be assigned for
each year in which the applicant was
owner or captain of a vessel that landed at least 6,000 lb (2,722 kg) of
bottomfish from the MHI.
(iii) For any one year, points will be
assigned
under
either
paragraph
(g)(1)(i) or (g)(1)(ii) of this section, but
not under both paragraphs.
(iv) Before the Regional Administrator issues a Ho’omalu zone permit
to fish for bottomfish under this section, the primary operator and relief
operator named on the application
form must have completed a protected
species workshop conducted by NMFS.
(2) Restrictions. An applicant must
own at least a 25 percent share in the
vessel that the permit would cover, and
only one permit will be assigned to any
vessel.
(3) Order of issuance. New permits
shall be awarded to applicants in descending order, starting with the applicant with the largest number of points.
If two or more persons have an equal
number of points, and there are insufficient new permits for all such applicants, the new permits shall be awarded by the Regional Administrator
through a lottery.
(4) Notification. The Regional Administrator shall place a notice in the FEDERAL REGISTER and shall use other
means to notify prospective applicants
of the opportunity to file applications
for new permits under this program.
(h) Eligibility for new Mau Zone limited access permits.
(1) PIRO will issue an initial Mau
Zone permit to a vessel owner who
qualifies for at least three points under
the following point system:

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Fishery Conservation and Management
(i) An owner who held a Mau Zone
permit on or before December 17, 1991,
and whose permitted vessel made at
least one qualifying landing of Hawaii
bottomfish MUS on or before December
17, 1991, shall be assigned 1.5 points.
(ii) An owner whose permitted vessel
made at least one qualifying landing of
Hawaii bottomfish MUS during 1991
shall be assigned 0.5 point.
(iii) An owner whose permitted vessel
made at least one qualifying landing of
Hawaii bottomfish MUS during 1992
shall be assigned 1.0 point.
(iv) An owner whose permitted vessel
made at least one qualifying landing of
Hawaii bottomfish MUS during 1993
shall be assigned 1.5 points.
(v) An owner whose permitted vessel
made at least one qualifying landing of
Hawaii bottomfish MUS during 1994
shall be assigned 2.0 points.
(vi) An owner whose permitted vessel
made at least one qualifying landing of
Hawaii bottomfish MUS during 1995
shall be assigned 2.5 points.
(vii) An owner whose permitted vessel made at least one qualifying landing of Hawaii bottomfish MUS during
1996 shall be assigned 3.0 points.
(viii) Before PIRO issues a Mau Zone
permit to fish for bottomfish under
this section, the primary operator and
relief operator named on the application form must have completed a protected species workshop conducted by
NMFS.
(2) For purposes of this paragraph (h),
a ‘‘qualifying landing’’ means any
amount of Hawaii bottomfish MUS
lawfully harvested from the Mau Zone
and offloaded for sale. No points shall
be assigned to an owner for any qualifying landings reported to the State of
Hawaii more than 1 year after the landing.
(3) More than one Mau Zone permit
may be issued to an owner of two or
more vessels, provided each of the owner’s vessels for which a permit will be
registered for use has made the required qualifying landings for the
owner to be assigned at least three eligibility points.
(4) A Mau Zone permit holder who
does not own a vessel at the time initial permits are issued must register
the permit for use with a vessel owned
by the permit holder within 12 months

§ 665.203
from the date the permit was issued. In
the interim, the permit holder may
register the permit for use with a
leased or chartered vessel. If within 12
months of initial permit issuance, the
permit holder fails to apply to PIRO to
register the permit for use with a vessel owned by the permit holder, then
the permit shall expire.
(5) For each of paragraphs (h)(1)(i)
through (h)(1)(viii) of this section,
PIRO shall assign points based on the
landings of one permitted vessel to
only one owner if the vessel did not
have multiple owners during the time
frame covered by the subordinate paragraphs. If a vessel had multiple owners
during a time frame covered by any of
paragraphs (h)(1)(i) through (h)(1)(viii)
of this section (including joint owners,
partners, or shareholders of a corporate
owner), PIRO will assign the points for
that subordinate paragraph to a single
owner if only one owner submits an application with respect to the landings
of that vessel during that time frame.
If multiple owners submit separate applications with respect to the same
landings of the same vessel during the
same time frame, then PIRO shall:
(i) Adhere to any written agreement
between the applicants with respect to
who among them shall be assigned the
aggregate point(s) generated by landings during such time frame(s), or
(ii) If there is no agreement:
(A) Shall issue the applicants a joint
permit provided the vessel’s landings
during such time frames generated at
least three points, or
(B) In the event the vessel’s landings
during such time frame(s) generated
less than three points, shall not assign
any points generated by the vessel’s
landings during such time frame(s).
(i) Ownership requirements and registration of Mau Zone limited access
permits for use with other vessels.
(1) A Mau Zone permit may be held
by an individual, partnership, or corporation. No more than 49 percent of
the underlying ownership interest in a
Mau Zone permit may be sold, leased,
chartered, or otherwise transferred to
another person or entity. If more than
49 percent of the underlying ownership
of the permit passes to persons or entities other than those listed in the

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§ 665.203

50 CFR Ch. VI (10–1–19 Edition)

original permit application supplemental information sheet, then the
permit expires and must be surrendered
to PIRO.
(2) A Mau Zone permit holder may
apply under § 665.13 to PIRO to register
the permit for use with another vessel
if that vessel is owned by the permit
holder, and is no longer than 60 ft (18.3
m) LOA.
(3) If a Mau Zone permit holder sells
the vessel for which the permit is registered for use, the permit holder must,
within 12 months of the date of sale,
apply to PIRO to register the permit
for use with a vessel owned by the permit holder. If the permit holder has not
applied to register a replacement vessel within 12 months, then the permit
expires.
(4) If a permitted vessel owned by the
permit holder is sold or becomes
unseaworthy, the Mau Zone permit
with which the vessel was registered
may be registered for use with a leased
or chartered vessel for a period not to
exceed 12 months from the date of registration of the leased or chartered vessel. If by the end of that 12-month period the permit holder fails to apply to
PIRO to register the permit for use
with a vessel owned by the permit
holder, then the permit expires.
(j) Mau Zone limited access permit
renewal.
(1) A Mau Zone permit will be eligible for renewal if the vessel for which
the permit is registered for use made at
least five separate fishing trips with
landings of at least 500 lb (227 kg) of
Hawaii bottomfish MUS 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.
(2) If the vessel for which the permit
is registered for use fails to meet the
landing requirement of paragraph (j)(1)
of this section, the owner may apply to
the Regional Administrator for a waiver of the landing requirement. Grounds
for a waiver are limited to captain incapacitation, vessel breakdowns, and
the loss of the vessel at sea if the event
prevented the vessel from meeting the
landing requirement. Unprofitability is
not sufficient for waiver of the landing
requirement.

(3) Failure of the permit holder to
register a vessel for use under the permit does not exempt a permit holder
from the requirements specified in this
paragraph.
(k) Appeals of permit actions.
(1) Except as provided in subpart A of
15 CFR part 904, any applicant for a
permit or a permit holder may appeal
the granting, denial, or revocation of
his or her permit to the Regional Administrator.
(2) In order to be considered by the
Regional Administrator, such appeal
must be in writing, must state the action appealed, and the reasons therefore, and must be submitted within 30
days of the appealed action. The appellant may request an informal hearing
on the appeal.
(3) The Regional Administrator, in
consultation with the Council, will decide the appeal in accordance with the
FEP and implementing regulations and
based upon information relative to the
application on file at NMFS and the
Council, the summary record kept of
any hearing, the hearing officer’s recommended decision, if any, and any
other relevant information.
(4) If a hearing is requested, or if the
Regional Administrator determines
that one is appropriate, the Regional
Administrator may grant an informal
hearing before a hearing officer designated for that purpose. The applicant
or permit holder may appear personally and/or be represented by counsel
at the hearing and submit information
and present arguments as determined
appropriate by the hearing officer.
Within 30 days of the last day of the
hearing, the hearing officer shall recommend in writing a decision to the
Regional Administrator.
(5) The Regional Administrator may
adopt
the
hearing
officer’s
recommended decision, in whole or in
part, or may reject or modify it. The
Regional Administrator’s decision on
the application is the final administrative decision of the Department of
Commerce, and is effective on the date
the Administrator signs the decision.
[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2772, Feb. 8, 2019]

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Fishery Conservation and Management

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§ 665.204

Prohibitions.

In addition to the general prohibitions specified in § 600.725 of this chapter and § 665.15, it is unlawful for any
person to do any of the following:
(a) Fish for Hawaii bottomfish MUS
or ECS, or seamount groundfish MUS
using gear prohibited under § 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 § 665.13.
(c) Serve as primary operator or relief operator on a vessel with a Mau or
Ho’omalu Zone permit without completing a protected species workshop
conducted by NMFS, as required by
§ 665.203.
(d) Fail to notify the USCG at least
24 hours prior to making any landing of
bottomfish taken in the Ho’omalu
Zone, as required by § 665.205.
(e) Fish within any protected species
study zone in the NWHI without notifying the Regional Administrator of
the intent to fish in these zones, as required under § 664.205.
(f) Falsify or fail to make or file reports of all fishing activities shoreward
of the outer boundary of the MHI management subarea, in violation of
§ 665.14(a) or (b).
(g) Own a vessel or fish from a vessel
that is used to fish non-commercially
for any Hawaii bottomfish MUS 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 § 665.2 or § 665.203(a)(2).
(h) Fish for or possess any Deep 7
bottomfish as defined in § 665.201, in the
MHI management subarea after a closure of the fishery, in violation of
§ 665.211.
(i) Sell or offer for sale any Deep 7
bottomfish as defined in § 665.201, after
a closure of the fishery, in violation of
§ 665.211.
(j) Harvest, possess, or land more
than a total of five fish (all species
combined)
identified
as
Deep
7
bottomfish in § 665.201 from a vessel in
the MHI management subarea, while
holding
a
MHI
non-commercial
bottomfish permit, or while partici-

§ 665.206
pating as a charter boat customer, in
violation of § 665.212.
(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 § 665.209.
[75 FR 2205, Jan. 14, 2010, as amended at 75
FR 69015, Nov. 10, 2010; 84 FR 2772, Feb. 8,
2019; 84 FR 29397, June 24, 2019]

§ 665.205

Notification.

(a) The owner or operator of a fishing
vessel subject to § 665.203(a)(1) must inform PIRO at least 72 hours (not including weekends and holidays) before
leaving port, of his or her intent to fish
within the protected species study
zones defined in § 665.201. The notice
must include the name of the vessel,
name of the operator, intended departure and return date, and a telephone
number at which the owner or operator
may be contacted during the business
day (8 a.m. to 5 p.m.) to indicate
whether an observer will be required on
the subject fishing trip.
(b) The operator of a fishing vessel
that has taken Hawaii bottomfish MUS
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.
[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2772, Feb. 8, 2019]

§ 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
§ 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,

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§ 665.207

50 CFR Ch. VI (10–1–19 Edition)

or intoxicating substances for the purpose of harvesting Hawaii bottomfish
MUS or ECS, or seamount groundfish
MUS is prohibited.
[84 FR 2772, Feb. 8, 2019]

§ 665.207

At-sea observer coverage.

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

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§ 665.208
tion.

Protected species conserva-

The Regional Administrator may
change the size of the protected species
study zones defined in § 665.201 of this
subpart:
(a) If the Regional Administrator determines that a change in the size of
the study zones would not result in
fishing for bottomfish in the NWHI
that would adversely affect any species

listed as threatened or endangered
under the ESA.
(b) After consulting with the Council.
(c) Through notification in the FEDERAL REGISTER published at least 30
days prior to the effective date or
through actual notice to the permit
holders.
§ 665.209 Fishing moratorium 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.
[84 FR 2772, Feb. 8, 2019]

§ 665.210

[Reserved]

§ 665.211

Annual Catch Limit (ACL).

(a) In accordance with § 665.4, the
ACL for MHI Deep 7 bottomfish for
each fishing year is as follows:
Fishing year

ACL (lb)

(1) 2018–2019 ...............................................
(2) 2019–2020 ...............................................
(3) 2020–2021 ...............................................

(b) When an ACL is projected to be
reached based on analyses of available
information, the Regional Administrator shall publish a notification to
that effect in the FEDERAL REGISTER
and shall use other means to notify
permit holders. The notification will
include an advisement that the fishery
will be closed beginning at a specified
date, which is not earlier than seven
days after the date of filing the closure
notification for public inspection at
the Office of the Federal Register,
until the end of the fishing year in
which the ACL is reached.
(c) On and after the date specified in
paragraph (b) of this section, no person
may fish for or possess any Deep 7
bottomfish in the MHI management
subarea, except as otherwise allowed in
this section.
(d) On and after the date specified in
paragraph (b) of this section, no person
may sell or offer for sale Deep 7
bottomfish, except as otherwise authorized by law.

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Fishery Conservation and Management
(e) Fishing for, and the resultant possession or sale of, Deep 7 bottomfish by
vessels legally registered to Mau Zone,
Ho’omalu Zone, or PRIA bottomfish
fishing permits and conducted in compliance with all other laws and regulations, is exempted from this section.
[84 FR 29397, June 24, 2019]

§ 665.212 Non-commercial bag limits.
No more than a total of five fish (all
species combined) identified as Deep 7
bottomfish may be harvested, possessed, or landed by any individual participating in a non-commercial vesselbased fishing trip in the MHI management subarea. Charter boat customers
are also subject to the non-commercial
bag limit.
[84 FR 29397, June 24, 2019]

§§ 665.213–665.219

[Reserved]

§ 665.220 Hawaii coral reef ecosystem
fisheries. [Reserved]
§ 665.221 Definitions.
As used in §§ 665.220 through 665.239,
Hawaii coral reef ecosystem 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.
[84 FR 2772, Feb. 8, 2019]

kpayne on VMOFRWIN702 with $$_JOB

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

§ 665.224
by the USFWS, regardless of whether
that refuge was established by action
of the President or the Secretary of the
Interior.
[84 FR 2772, Feb. 8, 2019]

§ 665.224

Permits and fees.

(a) Applicability. Unless otherwise
specified in this subpart, § 665.13 applies
to Hawaii coral reef ecosystem permits.
(1) Special permit. Any person of the
United States fishing for, taking or retaining Hawaii coral reef 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 § 665.199;
(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) Exceptions. The following persons
are not required to have a permit under
this section:
(i) Any person issued a permit to fish
under any FEP who incidentally
catches Hawaii coral reef 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
(iii) Any person collecting marine organisms for scientific research as described in § 665.17, or § 600.745 of this
chapter.
(b) Validity. Each permit will be valid
for fishing only in the fishery management area specified on the permit.
(c) General requirements. General requirements governing application information, issuance, fees, expiration,

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§ 665.224

50 CFR Ch. VI (10–1–19 Edition)

replacement, transfer, alteration, display, sanctions, and appeals for permits are contained in § 665.13.
(d) Special permit. The Regional Administrator shall issue a special permit
in accordance with the criteria and
procedures specified in this section.
(1) Application. An applicant for a
special or transshipment permit issued
under this section must complete and
submit to the Regional Administrator
a Special Coral Reef Ecosystem Fishing Permit Application Form issued by
NMFS. Information in the application
form must include, but is not limited
to a statement describing the objectives of the fishing activity for which a
special permit is needed, including a
general description of the expected disposition of the resources harvested
under the permit (i.e., stored live,
fresh, frozen, preserved, sold for food,
ornamental, research, or other use, and
a description of the planned fishing operation, including location of fishing
and gear operation, amount and species
(directed and incidental) expected to be
harvested and estimated habitat and
protected species impacts).
(2) Incomplete applications. The Regional Administrator may request from
an applicant additional information
necessary to make the determinations
required under this section. An applicant will be notified of an incomplete
application within 10 working days of
receipt of the application. An incomplete application will not be considered
until corrected in writing.
(3) Issuance. (i) If an application contains all of the required information,
the Regional Administrator will forward copies of the application within 30
days to the Council, the USCG, the
fishery management agency of the affected state, and other interested parties who have identified themselves to
the Council, and the USFWS.
(ii) Within 60 days following receipt
of a complete application, the Regional
Administrator will consult with the
Council through its Executive Director, USFWS, and the Director of the affected state fishery management agency concerning the permit application
and will receive their recommendations for approval or disapproval of the
application based on:

(A) Information provided by the applicant;
(B) The current domestic annual harvesting and processing capacity of the
directed and incidental species for
which a special permit is being requested;
(C) The current status of resources to
be harvested in relation to the overfishing definition in the FEP;
(D) Estimated ecosystem, habitat,
and protected species impacts of the
proposed activity; and
(E) Other biological and ecological
information relevant to the proposal.
The applicant will be provided with an
opportunity to appear in support of the
application.
(iii) Following a review of the Council’s recommendation and supporting
rationale, the Regional Administrator
may:
(A) Concur with the Council’s recommendation and, after finding that it
is consistent with the goals and objectives of the FEP, the national standards, the Endangered Species Act, and
other applicable laws, approve or deny
a special permit; or
(B)
Reject
the
Council’s
recommendation, in which case, written
reasons will be provided by the Regional Administrator to the Council for
the rejection.
(iv) If the Regional Administrator
does not receive a recommendation
from the Council within 60 days of
Council receipt of the permit application, the Regional Administrator can
make a determination of approval or
denial independently.
(v) Within 30 working days after the
consultation in paragraph (d)(3)(ii) of
this section, or as soon as practicable
thereafter, NMFS will notify the applicant in writing of the decision to grant
or deny the special permit and, if denied, the reasons for the denial.
Grounds for denial of a special permit
include the following:
(A) The applicant has failed to disclose material information required, or
has made false statements as to any
material fact, in connection with his or
her application.
(B) According to the best scientific
information available, the directed or
incidental catch in the season or location specified under the permit would

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kpayne on VMOFRWIN702 with $$_JOB

Fishery Conservation and Management
detrimentally affect any coral reef resource or coral reef ecosystem in a significant way, including, but not limited to, issues related to spawning
grounds or seasons, protected species
interactions, EFH, and habitat areas of
particular concern (HAPC).
(C) Issuance of the special permit
would inequitably allocate fishing
privileges among domestic fishermen
or would have economic allocation as
its sole purpose.
(D) The method or amount of harvest
in the season and/or location stated on
the permit is considered inappropriate
based on previous human or natural
impacts in the given area.
(E) NMFS has determined that the
maximum number of permits for a
given area in a given season has been
reached and allocating additional permits in the same area would be detrimental to the resource.
(F) The activity proposed under the
special permit would create a significant enforcement problem.
(vi) The Regional Administrator may
attach conditions to the special permit, if it is granted, consistent with
the management objectives of the FEP,
including, but not limited to:
(A) The maximum amount of each resource that can be harvested and landed during the term of the special permit, including trip limits, where appropriate.
(B) The times and places where fishing may be conducted.
(C) The type, size, and amount of
gear which may be used by each vessel
operated under the special permit.
(D) Data reporting requirements.
(E) Such other conditions as may be
necessary to ensure compliance with
the purposes of the special permit consistent with the objectives of the FEP.
(4) Appeals of permit actions. (i) Except
as provided in subpart D of 15 CFR part
904, any applicant for a permit or a permit holder may appeal the granting,
denial, conditioning, or suspension of
their permit or a permit affecting their
interests to the Regional Administrator. In order to be considered by the
Regional Administrator, such appeal
must be in writing, must state the action(s) appealed, and the reasons therefore, and must be submitted within 30
days of the original action(s) by the

§ 665.224
Regional Administrator. The appellant
may request an informal hearing on
the appeal.
(ii) Upon receipt of an appeal authorized by this section, the Regional Administrator will notify the permit applicant, or permit holder as appropriate, and will request such additional
information in such form as will allow
action upon the appeal. Upon receipt of
sufficient information, the Regional
Administrator will rule on the appeal
in accordance with the permit eligibility criteria set forth in this section
and the FEP, as appropriate, based on
information relative to the application
on file at NMFS and the Council and
any additional information, the summary record kept of any hearing and
the hearing officer’s recommended decision, if any, and such other considerations as deemed appropriate. The Regional Administrator will notify all interested persons of the decision, and
the reasons therefore, in writing, normally within 30 days of the receipt of
sufficient information, unless additional time is needed for a hearing.
(iii) If a hearing is requested, or if
the Regional Administrator determines
that one is appropriate, the Regional
Administrator may grant an informal
hearing before a hearing officer designated for that purpose after first giving notice of the time, place, and subject matter of the hearing in the FEDERAL REGISTER. Such a hearing shall
normally be held no later than 30 days
following publication of the notice in
the FEDERAL REGISTER, unless the
hearing officer extends the time for
reasons deemed equitable. The appellant, the applicant (if different), and,
at the discretion of the hearing officer,
other interested parties, may appear
personally and/or be represented by
counsel at the hearing and submit information and present arguments as
determined appropriate by the hearing
officer. Within 30 days of the last day
of the hearing, the hearing officer shall
recommend in writing a decision to the
Regional Administrator.
(iv) The Regional Administrator may
adopt
the
hearing
officer’s
recommended decision, in whole or in
part, or may reject or modify it. In any
event, the Regional Administrator will

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§ 665.225
notify interested persons of the decision, and the reason(s) therefore, in
writing, within 30 days of receipt of the
hearing officer’s recommended decision. The Regional Administrator’s action constitutes final action for the
agency for the purposes of the Administrative Procedure Act.
(5) Any time limit prescribed in this
section may be extended for good
cause, for a period not to exceed 30
days, by the Regional Administrator,
either upon his or her own motion or
upon written request from the Council,
appellant or applicant stating the reason(s) therefore.

stock collection or traditional and ceremonial purposes by indigenous people.

[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2772, Feb. 8, 2019]

[84 FR 2773, Feb. 8, 2019]

§ 665.225

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50 CFR Ch. VI (10–1–19 Edition)

[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2773, Feb. 8, 2019]

§ 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.

§ 665.227 Allowable gear and gear restrictions.

Prohibitions.

In addition to the general prohibitions specified in § 600.725 of this chapter and § 665.15 of this part, it is unlawful for any person to do any of the following:
(a) Fish for, take, retain, possess or
land any Hawaii coral reef ECS in any
low-use MPA as defined in § 665.99 unless:
(1) A valid permit has been issued for
the hand harvester or the fishing vessel
operator that specifies the applicable
area of harvest;
(2) A permit is not required, as outlined in § 665.224; or
(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:
(1) That is determined overfished
with subsequent rulemaking by the Regional Administrator.
(2) By means of gear or methods prohibited under § 665.227.
(3) In a low-use MPA without a valid
special permit.
(4) In violation of any permit issued
under §§ 665.13 or 665.224.
(c) Fish for, take, or retain any wild
live rock or live hard coral except
under a valid special permit for scientific research, aquaculture seed

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

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Fishery Conservation and Management
the director of the affected state fishery management agency.
[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2773, Feb. 8, 2019]

§ 665.228 Gear identification.
(a) The vessel number must be affixed
to all fish and crab traps on board the
vessel or deployed in the water by any
vessel or person holding a permit under
§ 665.13 or § 665.124 or that is otherwise
established to be fishing for Hawaii
coral reef ECS in the management
area.
(b) Enforcement action. (1) Traps not
marked in compliance with paragraph
(a) of this section and found deployed
in the Hawaii coral reef ecosystem
management area will be considered
unclaimed or abandoned property, and
may be disposed of in any manner considered appropriate by NMFS or an authorized officer.
(2) Unattended surround nets or bait
seine nets found deployed in the Hawaii
coral reef ecosystem management area
will be considered unclaimed or abandoned property, and may be disposed of
in any manner considered appropriate
by NMFS or an authorized officer.
[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2773, Feb. 8, 2019]

§§ 665.229–665.239

[Reserved]

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

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Name

N. lat.

Nihoa Island .........................................
Necker Island .......................................
French Frigate Shoals .........................
Gardner Pinnacles ...............................
Maro Reef ............................................
Laysan Island ......................................

23°05′
23°35′
23°45′
25°00′
25°25′
25°45′

W. long.
161°55′
164°40′
166°15′
168°00′
170°35′
171°45′

§ 665.241
Name

N. lat.

Lisianski Island ....................................
Pearl and Hermes Reef .......................
Midway Island ......................................
Kure Island ..........................................

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W. long.
173°55′
175°50′
177°22′
178°20′

The remainder of the VMS subarea is delimited by parallel
lines tangent to and connecting the 50-nm areas around
the following: from Nihoa Island to Necker Island; from
French Frigate Shoals to Gardner Pinnacles; from Gardner
Pinnacles to Maro Reef; from Laysan Island to Lisianski
Island; and from Lisianski Island to Pearl and Hermes
Reef.

Hawaii crustacean 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

papa‘i kua loa .......

Kona crab .............
deepwater shrimp,
nylon shrimp.

Scientific name
Ranina ranina.
Heterocarpus sp.

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

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§ 665.242

50 CFR Ch. VI (10–1–19 Edition)

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

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[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2773, Feb. 8, 2019]

§ 665.242 Permits.
(a) Applicability. (1) The owner of any
vessel used to fish for lobster in Permit
Area 1 must have a limited access permit issued for such vessel.
(2) The owner of any vessel used to
fish for lobster in Permit Area 2 must
have a permit issued for such a vessel.
(3) The owner of any vessel used to
fish for deepwater shrimp in Crustacean Permit Areas 1 or 2 must have a
permit issued for that vessel.
(4) Harvest of Hawaii crustacean
MUS or ECS within the Northwestern
Hawaiian Islands Marine National
Monument is subject to the requirements of 50 CFR part 404.
(b) General requirements. General requirements governing application information, issuance, fees, expiration,
replacement, transfer, alteration, display, sanctions, and appeals for permits issued under this section, as applicable, are contained in § 665.13.
(c) Application. An application for a
permit required under this section will
be submitted to PIRO as described in
§ 665.13. If the application for a limited
access permit is submitted on behalf of
a partnership or corporation, the application must be accompanied by a supplementary information sheet obtained
from PIRO and contain the names and
mailing addresses of all partners or
shareholders and their respective percentage of ownership in the partnership or corporation.
(d) Lobster Limited Access Permit Requirements. (1) A lobster limited access
permit is valid for fishing only in Crustacean Permit Area 1.
(2) Only one permit will be assigned
to any vessel.
(3) No vessel owner will have permits
for a single vessel to harvest lobsters
in Permit Areas 1 and 2 at the same
time.
(4) A maximum of 15 limited access
permits can be valid at any time.
(e) Transfer or sale of limited access
permits. (1) Permits may be transferred

or sold, but no one individual, partnership, or corporation will be allowed to
hold a whole or partial interest in more
than one permit, except that an owner
who qualifies initially for more than
one permit may maintain those permits, but may not obtain additional
permits. Layering of partnerships or
corporations shall not insulate a permit holder from this requirement.
(2) If 50 percent or more of the ownership of a limited access permit is
passed to persons other than those listed on the permit application, PIRO
must be notified of the change in writing and provided copies of the appropriate
documents
confirming
the
changes within 30 days.
(3) Upon the transfer or sale of a limited access permit, a new application
must be submitted by the new permit
owner according to the requirements of
§ 665.13. The transferred permit is not
valid until this process is completed.
(f) Replacement of a vessel covered by a
limited access permit. A limited access
permit issued under this section may,
without limitation as to frequency, be
transferred by the permit holder to a
replacement vessel owned by that person.
(g) Issuance of limited access permits to
future applicants. (1) The Regional Administrator may issue limited access
permits under this section when fewer
than 15 vessel owners hold active permits.
(2) When the Regional Administrator
has determined that limited access permits may be issued to new persons, a
notice shall be placed in the FEDERAL
REGISTER, and other means will be used
to notify prospective applicants of the
opportunity to obtain permits under
the limited access management program.
(3) A period of 90 days will be provided after publication of the FEDERAL
REGISTER notice for submission of new
applications for a limited access permit.
(4) Limited access permits issued
under this paragraph (g) will be issued
first to applicants qualifying under
paragraph (g)(4)(i) of this section. If the
number of limited access permits available is greater than the number of applicants that qualify under paragraph

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Fishery Conservation and Management
(g)(4)(i) of this section, then limited access permits will be issued to applicants under paragraph (g)(4)(ii) of this
section.
(i) First priority to receive limited
access permits under this paragraph (g)
goes to owners of vessels that were
used to land lobster from Permit Area
1 during the period 1983 through 1990,
and who were excluded from the fishery
by implementation of the limited access system. If there are insufficient
permits for all such applicants, the new
permits shall be issued by the Regional
Administrator through a lottery.
(ii) Second priority to receive limited
access permits under paragraph (g)
goes to owners with the most points,
based upon a point system. If two or
more owners have the same number of
points and there are insufficient permits for all such owners, the Regional
Administrator shall issue the permits
through a lottery. Under the point system, limited access permits will be
issued, in descending order, beginning
with owners who have the most points
and proceeding to owners who have the
least points, based on the following:
(A) Three points shall be assigned for
each calendar year after August 8, 1985,
that the applicant was the operator of
a vessel that was used to land lobster
from Permit Area 1.
(B) Two points shall be assigned for
each calendar year or partial year after
August 8, 1985, that the applicant was
the owner, operator, or crew member of
a vessel engaged in either commercial
fishing in Permit Area 2 for lobster, or
fishing in Permit Area 1 for fish other
than lobster with an intention to sell
all or part of the catch.
(C) One point shall be assigned for
each calendar year or partial year after
August 8, 1985, that the applicant was
the owner, operator, or crew member of
a vessel engaged in any other commercial fishing in the EEZ surrounding Hawaii.
(5) A holder of a new limited access
permit must own at least a 50 percent
share in the vessel that the permit
would cover.
[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2773, Feb. 8, 2019]

§ 665.243
§ 665.243

Prohibitions.

In addition to the general prohibitions specified in 50 CFR §§ 600.725 and
665.15, it is unlawful for any person to
do any of the following:
(a) In Permit Area 1, it is unlawful
for any person to—
(1) Fish for, take, or retain lobsters—
(i) Without a limited access permit
issued under § 665.242.
(ii) By methods other than lobster
traps or by hand for lobsters, as specified in § 665.245.
(iii) From closed areas for lobsters,
as specified in § 665.251.
(iv) During a closed season, as specified in § 665.250.
(v) After the closure date, as specified in § 665.252, and until the fishery
opens again in the following calendar
year.
(vi) In a lobster grounds after closure
of that grounds as specified in
§ 665.252(b).
(2) Fail to report before landing or
offloading as specified in § 665.244.
(3) Fail to comply with any protective measures implemented under
§ 665.248.
(4) Leave a trap unattended in the
Hawaii crustacean management area
except as provided in § 665.245.
(5) Maintain on board the vessel or in
the water more than 1,200 traps per
fishing vessel, of which no more than
1,100 can be assembled traps, as specified in § 665.245.
(6) Land lobsters taken in Permit
Area 1 after the closure date, as specified in § 665.252, until the fishery opens
again the following year.
(7) Refuse to make available to an
authorized officer and employee of
NMFS designated by the Regional Administrator for inspection and copying
any records that must be made available in accordance with § 665.14(g)(2).
(8) Possess on a fishing vessel that
has a limited access permit issued
under § 665.242 any lobster trap in Crustacean Permit Area 1 when fishing for
lobster is prohibited as specified in
§§ 665.248, 665.250(a), or 665.252, or except
as allowed under § 665.245(a)(7).
(9) Possess on a fishing vessel that
has a limited access permit issued
under this subpart any lobster trap in

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§ 665.244

50 CFR Ch. VI (10–1–19 Edition)

Crustacean Permit Area 1 VMS Subarea when fishing for lobsters is prohibited as specified in §§ 665.248,
665.250(a), or 665.252, except as allowed
under § 665.245(a)(8).
(10) Interfere with, tamper with,
alter, damage, disable, or impede the
operation of a VMS unit or to attempt
any of the same while engaged in the
Permit Area 1 fishery; or to move or
remove a VMS unit while engaged in
the Permit Area 1 fishery without first
notifying the Regional Administrator.
(11) Make a false statement, oral or
written, to the Regional Administrator
or an authorized officer, regarding the
certification, use, operation, or maintenance of a VMS unit used in the fishery.
(12) Fail to allow an authorized officer to inspect and certify a VMS unit
used in the fishery.
(13) Possess, on a fishing vessel that
has a limited access permit issued
under this subpart, any lobster trap in
a lobster grounds that is closed under
§ 665.252(b), unless the vessel has an
operational VMS unit, certified by
NMFS, on board.
(b) In Permit Area 2, it is unlawful
for any person to—
(1) Fish for, take, or retain lobsters—
(i) By methods other than lobster
traps or by hand, as specified in
§ 665.245; or
(ii) During a closed season, as specified in § 665.250(b).
(2) Retain or possess on a fishing vessel any lobster taken in Permit Area 2
that is less than the minimum size
specified in § 665.249.
(3) Possess on a fishing vessel any
lobster or lobster part taken in Permit
Area 2 in a condition where the lobster
is not whole and undamaged as specified in § 665.249.
(4) Retain or possess on a fishing vessel, or remove the eggs from, any eggbearing lobster, as specified in § 665.249.
(5) Possess on a fishing vessel that
has a permit for Permit Area 2 issued
under this subpart any lobster trap in
Permit Area 2 when fishing for lobster
in the MHI is prohibited during the
months of May, June, July, and August.
(c) In Crustacean Permit Areas 1 and
2, it is unlawful for any person to fish

for, take, or retain deepwater shrimp
without a permit issued under § 665.242.
§ 665.244 Notifications.
(a) The operator of any vessel subject
to the requirements of this subpart
must:
(1) Report, not less than 24 hours, but
not more than 36 hours, before landing,
the port, the approximate date and the
approximate time at which spiny and
slipper lobsters will be landed.
(2) Report, not less than 6 hours and
not more than 12 hours before offloading, the location and time that offloading of spiny and slipper lobsters
will begin.
(b) The Regional Administrator will
notify permit holders of any change in
the reporting method and schedule required in paragraph (a) of this section
at least 30 days prior to the opening of
the fishing season.
§ 665.245 Gear restrictions.
(a) Permit Area 1. (1) Lobsters may be
taken only with lobster traps or by
hand. Lobsters may not be taken by
means of poisons, drugs, other chemicals, spears, nets, hook, or explosives.
(2) The smallest opening of an entry
way of any lobster trap may not allow
any sphere or cylinder greater than 6.5
inches (16.5 cm) in diameter to pass
from outside the trap to inside the
trap.
(3) Each lobster trap must have a
minimum of two escape vent panels
that meet the following requirements:
(i) Panels must have at least four unobstructed circular holes no smaller
than 67 mm in diameter, with centers
at least 82 mm apart.
(ii) The lowest part of any opening in
an escape vent panel must not be more
than 85 mm above the floor of the trap.
(iii) Panels must be placed opposite
one another in each trap.
(4) A vessel fishing for or in possession of lobster in any permit area may
not have on board the vessel any trap
that does not meet the requirements of
paragraphs (a)(1), (2), and (3) of this
section.
(5) A maximum of 1,200 traps per vessel may be maintained on board or in
the water, provided that no more than
1,100 assembled traps are maintained
on board or in the water. If more than

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Fishery Conservation and Management
1,100 traps are maintained, the unassembled traps may be carried as spares
only, in order to replace assembled
traps that may be lost or become unusable.
(6) Traps shall not be left unattended
in any permit area, except in the event
of an emergency, in which case the vessel operator must notify the SAC of the
emergency that necessitated leaving
the traps on the grounds, and the location and number of the traps, within 24
hours after the vessel reaches port.
(7) A vessel whose owner has a limited access permit issued under this
subpart and has an operating VMS unit
certified by NMFS may enter Crustacean Permit Area 1 with lobster traps
on board on or after June 25, but must
remain outside the Crustacean Permit
Area 1 VMS Subarea until the NWHI
lobster season opens on July 1.
(8) A vessel whose owner has a limited access permit issued under this
subpart and has on board an operational VMS unit certified by NMFS
may transit Crustacean Permit Area 1,
including Crustacean Permit Area 1
VMS Subarea, with lobster traps on
board for the purpose of moving to another lobster grounds or returning to
port following the closure date, as
specified in § 665.252, providing the vessel does not stop or fish and is making
steady progress to another lobster
grounds or back to port as determined
by NMFS.
(9) The operator of a permitted vessel
must notify the Regional Administrator or an authorized officer no later
than June 15 of each year if the vessel
will use a VMS unit in the fishery and
allow for inspection and certification
of the unit.
(b) Permit Area 2. Lobsters may be
taken only with lobster traps or by
hand. Lobsters may not be taken by
means of poisons, drugs, other chemicals, spears, nets, hooks, or explosives.

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§ 665.246

Gear identification.

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

§ 665.248
§ 665.247

At-sea observer coverage.

All fishing vessels subject to §§ 665.240
though 665.252 and subpart A of this
part must carry an observer when requested to do so by the Regional Administrator.
§ 665.248 Monk seal protective measures.
(a) General. This section establishes a
procedure that will be followed if the
Regional Administrator receives a report of a monk seal death that appears
to be related to the lobster fishery in
Permit Area 1.
(b) Notification. Upon receipt of a report of a monk seal death that appears
to be related to the lobster fishery, the
Regional Administrator will notify all
interested parties of the facts known
about the incident. The Regional Administrator will also notify them that
an investigation is in progress, and
that, if the investigation reveals a
threat of harm to the monk seal population, protective measures may be implemented.
(c) Investigation. (1) The Regional Administrator will investigate the incident reported and will attempt to:
(i) Verify that the incident occurred.
(ii) Determine the extent of the harm
to the monk seal population.
(iii) Determine the probability of a
similar incident recurring.
(iv) Determine details of the incident
such as:
(A) The number of animals involved.
(B) The cause of the mortality.
(C) The age and sex of the dead animal(s).
(D) The relationship of the incident
to the reproductive cycle, for example,
breeding season (March-September),
non-breeding
season
(October-February).
(E) The population estimates or
counts of animals at the island where
the incident occurred.
(F) Any other relevant information.
(v) Discover and evaluate any extenuating circumstances.
(vi) Evaluate any other relevant factors.
(2) The Regional Administrator will
make the results of the investigation
available to the interested parties and
request their advice and comments.

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§ 665.248

50 CFR Ch. VI (10–1–19 Edition)

(d) Determination of relationship. The
Regional Administrator will review
and evaluate the results of the investigation and any comments received
from interested parties. If there is substantial evidence that the death of the
monk seal was related to the lobster
fishery, the Regional Administrator
will:
(1) Advise the interested parties of
his or her conclusion and the facts
upon which it is based.
(2) Request from the interested parties their advice on the necessity of
protective measures and suggestions
for appropriate protective measures.
(e) Determination of response. The Regional Administrator will consider all
relevant information discovered during
the investigation or submitted by interested parties in deciding on the appropriate response. Protective measures may include, but are not limited
to, changes in trap design, changes in
gear, closures of specific areas, or closures for specific periods of time.
(f) Action by the Regional Administrator. If the Regional Administrator
decides that protective measures are
necessary and appropriate, the Regional Administrator will prepare a
document that describes the incident,
the protective measures proposed, and
the reasons for the protective measures; provide it to the interested parties; and request their comments.
(g) Implementation of protective measures. (1) If, after completing the steps
described in paragraph (f) of this section, the Regional Administrator concludes that protective measures are
necessary and appropriate, the Regional Administrator will recommend
the protective measures to the Assistant Administrator and provide notice
of this recommendation to the Chairman of the Council and the Director of
the Division of Aquatic Resources, Department of Land and Natural Resources, State of Hawaii.
(2) If the Assistant Administrator
concurs with the Regional Administrator’s recommendation, NMFS will publish an action in the FEDERAL REGISTER
that includes a description of the incident that triggered the procedure described in this section, the protective
measures, and the reasons for the protective measures.

(h) Notification of ‘‘no action.’’ If, at
any point in the process described in
this section, the Regional Administrator or Assistant Administrator decides that no further action is required,
the interested parties will be notified
of this decision.
(i) Effective dates. (1) The protective
measures will take effect 10 days after
the date of publication in the FEDERAL
REGISTER.
(2) The protective measures will remain in effect for the shortest of the
following time periods:
(i) Until the Hawaii FEP and this
section are amended to respond to the
problem;
(ii) Until other action that will respond to the problem is taken under
the ESA;
(iii) Until the Assistant Administrator, following the procedures set
forth in paragraph (j) of this section,
decides that the protective measures
are no longer required and repeals the
measures; or
(iv) For the period of time set forth
in the FEDERAL REGISTER notification,
not to exceed 3 months. The measures
may be renewed for 3 months after
again following procedures in paragraphs (b) through (g) of this section.
(j) Repeal. (1) If the Assistant Administrator decides that protective measures may no longer be necessary for
the protection of monk seals, the Assistant Administrator will notify the
interested parties of this preliminary
decision and the facts upon which it is
based. The Assistant Administrator
will request advice on the proposed repeal of the protective measures.
(2) The Assistant Administrator will
consider all relevant information obtained by the Regional Administrator
or submitted by interested parties in
deciding whether to repeal the protective measures.
(3) If the Assistant Administrator decides to repeal the protective measures—
(i) Interested parties will be notified
of the decision; and
(ii) Notification of repeal and the
reasons for the repeal will be published
in the FEDERAL REGISTER.

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

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§ 665.249 Lobster size and condition
restrictions in Permit Area 2.
(a) Only spiny lobsters with a carapace length of 8.26 cm or greater may
be retained (see Figure 1 to this part).

§ 665.252
(b) Any lobster with a punctured or
mutilated body, or a separated carapace and tail, may not be retained.
(c) A female lobster of any size may
not be retained if it is carrying eggs externally. Eggs may not be removed
from female lobsters.
§ 665.250 Closed seasons.
(a) Lobster fishing is prohibited
Permit Area 1 during the months
January through June, inclusive.
(b) Lobster fishing is prohibited
Permit Area 2 during the months
May, June, July, and August.

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§ 665.251 Closed areas.
All lobster fishing is prohibited:
(a) Within 20 nm of Laysan Island.
(b) Within the EEZ landward of the
10-fathom curve as depicted on National Ocean Survey Charts, Numbers
19022, 19019, and 19016.
§ 665.252 Harvest limitation program.
(a) General. Harvest guidelines for the
Necker Island Lobster Grounds, Gardner Pinnacles Lobster Grounds, Maro
Reef Lobster Grounds, and General
NWHI Lobster Grounds for Permit
Area 1 will be set annually for the calendar year and shall:
(1) Apply to the total catch of spiny
and slipper lobsters.
(2) Be expressed in terms of numbers
of lobsters.
(b) Harvest guideline. (1) The Regional
Administrator shall use information
from daily lobster catch reports and
lobster sales reports from previous
years, and may use information from
research sampling and other sources to
establish the annual harvest guideline
in accordance with the FEP after consultation with the Council.
(2) NMFS shall publish a document
indicating the annual harvest guideline
in the FEDERAL REGISTER by February
28 of each year and shall use other
means to notify permit holders of the
harvest guideline for the year.
(3) The Regional Administrator shall
determine, on the basis of the information reported to NMFS by the operator
of each vessel fishing, when the harvest
guideline for each lobster ground will
be reached.
(4) Notice of the date when the harvest guideline for a lobster ground is

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§§ 665.253–665.259

50 CFR Ch. VI (10–1–19 Edition)

expected to be reached and specification of the closure date of the lobster
grounds will be provided to each permit
holder and/or operator of each permitted vessel at least 24 hours in advance of the closure. After a closure,
the harvest of lobster in that lobster
ground is prohibited, and the possession of lobster traps on board the vessel in that lobster ground is prohibited
unless allowed under § 665.245(a)(8).
(5) With respect to the notification in
paragraph (b)(4) of this section, NMFS
shall provide each permit holder and
operator of each permitted vessel with
the following information, as appropriate:
(i) Determination of when the overall
harvest guideline for Crustacean Permit Area 1 will be reached;
(ii) Closure date after which harvest
of lobster or possession of lobster traps
on board the vessel in a lobster grounds
is prohibited;
(iii) Closure date after which the possession of lobster traps on board the
vessel in Crustacean Permit Area 1 is
prohibited by any permitted vessel
that is not operating a VMS unit certified by NMFS; and
(iv) Specification of when further
landings of lobster will be prohibited
by permitted vessels not carrying an
operational VMS unit, certified by
NMFS, on board.
(c) Monitoring and adjustment. The operator of each vessel fishing during the
open season shall report lobster catch
(by species) and effort (number of trap
hauls) data while at sea to NMFS in
Honolulu. The Regional Administrator
shall notify permit holders of the reporting method, schedule, and logistics
at least 30 days prior to the opening of
the fishing season.
§§ 665.253–665.259

[Reserved]

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§ 665.260 Hawaii precious coral fisheries. [Reserved]
§ 665.261 Definitions.
As used in §§ 665.260 through 665.270:
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 ...............................
Red coral ...............................
Gold coral ..............................
Bamboo coral ........................
Black coral .............................

Pleurocorallium secundum.
Hemicorallium laauense.
Kulamanamana haumeaae.
Acanella sp.
Antipathes griggi, Antipathes
grandis, Myriopathes ulex.

Hawaii precious coral permit area
means the area encompassing the precious coral beds within the EEZ around
Hawaii. Each bed is designated by a
permit area code and assigned to one of
the following four categories:
(1) Established beds. (i) Makapu’u
(Oahu), Permit Area E–B–1, includes
the area within a radius of 2.0 nm of a
point at 21°18.0′ N. lat., 157°32.5′ W. long.
(ii) Au’au Channel (Maui), Permit
Area E–B–2, includes the area west and
south of a point at 21°10′ N. lat., 156°40′
W. long., and east of a point at 21° N.
lat., 157° W. long., and west and north
of a point at 20°45′ N. lat., 156°40′ W.
long.
(2) Conditional beds. (i) Keahole Point
(Hawaii), Permit Area C–B–1, includes
the area within a radius of 0.5 nm of a
point at 19°46.0′ N. lat., 156°06.0′ W. long.
(ii) Kaena Point (Oahu), Permit Area
C–B–2, includes the area within a radius of 0.5 nm of a point at 21°35.4′ N.
lat., 158°22.9′ W. long.
(iii) Brooks Bank, Permit Area C–B–
3, includes the area within a radius of
2.0 nm of a point at 24°06.0′ N. lat.,
166°48.0′ W. long.
(iv) 180 Fathom Bank, Permit Area
C–B–4, N.W. of Kure Atoll, includes the
area within a radius of 2.0 nm of a
point at 28°50.2′ N. lat., 178°53.4′ W. long.
(3) Refugia. Westpac Bed, Permit
Area R–1, includes the area within a radius of 2.0 nm of a point at 23°18′ N.
lat., 162°35′ W. long.
(4) Exploratory areas. Permit Area X–
P–H includes all coral beds, other than
established beds, conditional beds, or
refugia, in the EEZ seaward of the
State of Hawaii.
[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2773, Feb. 8, 2019]

§ 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 § 665.13.

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

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[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2773, Feb. 8, 2019]

§ 665.263 Prohibitions.
In addition to the general prohibitions specified in 50 CFR 600.725 and in
665.15, it is unlawful for any person to:
(a) Use any vessel to fish for, take,
retain, possess or land precious coral in
any Hawaii precious coral permit area,
unless a permit has been issued for
that vessel and area as specified in
§ 665.13 and that permit is on board the
vessel.
(b) Fish for, take, or retain any species of Hawaii precious coral MUS or
Hawaii precious coral ECS in any precious coral permit area:
(1) By means of gear or methods prohibited by § 665.264.
(2) In refugia specified in § 665.261.
(3) In a bed for which the quota specified in § 665.269 has been attained.
(4) In violation of any permit issued
under §§ 665.13 or 665.17.
(5) In a bed that has been closed pursuant to §§ 665.268 or 665.270.
(c) Take and retain, possess, or land
any
live
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 § 665.265
unless:
(1) A valid EFP was issued under
§ 665.17 for the vessel and the vessel was

§ 665.268
operating under the terms of the permit; or
(2) The coral originated outside coral
beds listed in this paragraph, and this
can be demonstrated through receipts
of purchase, invoices, or other documentation.
[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2773, Feb. 8, 2019]

§ 665.264 Gear restrictions.
Only selective gear may be used to
harvest coral from any precious coral
permit area.
§ 665.265 Size restrictions.
The height of a live coral specimen
shall be determined by a straight line
measurement taken from its base to its
most distal extremity. The stem diameter of a living coral specimen shall
be determined by measuring the greatest diameter of the stem at a point no
less than 1 inch (2.54 cm) from the top
surface of the living holdfast.
(a) Live 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).
[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2774, Feb. 8, 2019]

§ 665.266 Area restrictions.
Fishing for coral on the WestPac Bed
is not allowed. The specific area closed
to fishing is all waters within a 2-nm
radius of the midpoint of 23°18.0′ N. lat.,
162°35.0′ W. long.
§ 665.267 Seasons.
The fishing year for precious coral
begins on July 1 and ends on June 30
the following year, except at the
Makapu’u and Au’au Channel Beds,
which have a two-year fishing period
that begins July 1 and ends June 30,
two years later.
§ 665.268 Closures.
(a) If the Regional Administrator determines that the harvest quota for
any coral bed will be reached prior to

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§ 665.269

50 CFR Ch. VI (10–1–19 Edition)

the end of the fishing year, or the end
of the 2-year fishing period at
Makapu’u Bed or Au’au Channel Bed,
NMFS shall publish a notice to that effect in the FEDERAL REGISTER and shall
use other means to notify permit holders. Any such notice must indicate the
reason for the closure, the bed being
closed, and the effective date of the
closure.
(b) A closure is also effective for a
permit holder upon the permit holder’s
actual harvest of the applicable quota.
§ 665.269 Quotas.
(a) General. The quotas limiting the
amount of precious coral that may be
taken in any precious coral permit
area during the fishing year are listed
in § 665.269(d). Only live coral is counted
toward the quota. The accounting period for all quotas begins July 1, 1983.
(b) Conditional bed closure. A conditional bed will be closed to all nonselective coral harvesting after the
quota for one species of coral has been
taken.
(c) Reserves and reserve release. The
quotas for exploratory area X–P–H will
be held in reserve for harvest by vessels

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

Type of coral bed

Name of coral bed

Harvest quota in kilograms

Established Beds ...

Au’au Channel ......
Makapu’u ..............

Conditional Beds ....

180 Fathom Bank

Black: 5,000 ...........................................................................................
Pink: 2,000 .............................................................................................
Gold: 0 (zero) ........................................................................................
Bamboo: 500 .........................................................................................
Pink: 222 ................................................................................................
Gold: 67 .................................................................................................
Bamboo: 56 ...........................................................................................
Pink: 444 ................................................................................................
Gold: 133 ...............................................................................................
Bamboo: 111 .........................................................................................
Pink: 67 ..................................................................................................
Gold: 20 .................................................................................................
Bamboo: 17 ...........................................................................................
Pink: 67 ..................................................................................................
Gold: 20 .................................................................................................
Bamboo: 17 ...........................................................................................
All: 0 (zero) ............................................................................................
1,000 per area (all species combined except black corals) .................

Brooks Bank .........

Kaena Point ..........

Keahole Point .......

Refugia ...................
Exploratory Area ....

Westpac ................
Hawaii ...................

2
2
2
1
1
1
1
1
1
1
1
1
1
1
1
1

Notes:
1. No fishing for coral is authorized in refugia.
2. A moratorium on gold coral harvesting is in effect through June 30, 2023.

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[75 FR 2205, Jan. 14, 2010, as amended at 83 FR 27717, June 14, 2018]

§ 665.270 Gold coral harvest moratorium.

coral permit area is prohibited through
June 30, 2023.

Fishing for, taking, or retaining any
gold coral MUS or ECS in any precious

[84 FR 2774, Feb. 8, 2019]

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Fishery Conservation and Management

Subpart D—Mariana Archipelago
Fisheries
§ 665.398

§ 665.400 Mariana bottomfish fisheries.
[Reserved]

Management area.

The Mariana fishery management
area is the EEZ seaward of Guam and
CNMI with the inner boundary a line
coterminous with the seaward boundaries of Guam and CNMI and the outer
boundary a line drawn in such a manner that each point on it is 200 nautical
miles from the baseline from which the
territorial sea is measured, or is coterminous with adjacent international
maritime boundaries.
§ 665.399

§ 665.402

Area restrictions.

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

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

(1) lehi/maroobw ....................................
(2) tarakitu/etam .....................................
(3) tarakiton attelong, orong ..................
(4) bueli, bwele ......................................
(5) buninas agaga’, falaghal moroobw ..
(6) abuninas, taighulupegh ....................
(7) mafuti, atigh ......................................
(8) funai, saas ........................................
(9) buninas, falaghal-maroobw ..............
(10) buninas, pakapaka, falaghalmaroobw,.
(11) buninas, falaghal-maroobw ............
(12) buninas, falaghal-maroobw ............
(13) buninas rayao amariyu, falaghalmaroobw.

red snapper, silvermouth ......................
giant trevally, jack .................................
black trevally, jack .................................
lunartail grouper ....................................
red snapper ...........................................
red snapper ...........................................
redgill emperor ......................................
blueline snapper ....................................
yellowtail snapper .................................
pink snapper .........................................

Aphareus rutilans.
Caranx ignobilis.
Caranx lugubris.
Variola louti.
Etelis carbunculus.
Etelis coruscans.
Lethrinus rubrioperculatus.
Lutjanus kasmira.
Pristipomoides auricilla.
Pristipomoides filamentosus.

Scientific name

yelloweye snapper ................................
pink snapper .........................................
flower snapper ......................................

Pristipomoides flavipinnis.
Pristipomoides sieboldii.
Pristipomoides zonatus.

[75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2774, Feb. 8, 2019; 84 FR 29397, June 24, 2019]

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§ 665.402

Management subareas.

The Mariana fishery management
area is divided into bottomfish management subareas with the following
designations and boundaries:
(a) Guam Management Subarea means
the EEZ seaward of the Territory of
Guam, with the inner boundary defined
as a line coterminous with the seaward
boundary of the Territory of Guam.
(b) CNMI Management Subarea means
the EEZ seaward of the CNMI, with the
inner boundary defined as a line coter-

minous with the seaward boundary of
the CNMI.
(c) The outer boundary of each fishery management area is a line drawn in
such a manner that each point on it is
200 nautical miles from the baseline
from which the territorial sea is measured, or is coterminous with adjacent
international maritime boundaries.
The boundary between the fishery
management areas of Guam and the
CNMI extends to those points that are
equidistant between Guam and the island of Rota in the CNMI. CNMI and

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§ 665.403

50 CFR Ch. VI (10–1–19 Edition)

[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2774, Feb. 8, 2019]

[75 FR 2205, Jan. 14, 2010, as amended at 81
FR 61626, Sept. 7, 2016]

§ 665.405

§ 665.403 Bottomfish fishery area management.
(a) Guam large vessel bottomfish prohibited area (Area GU–1). A large vessel of
the United States, as defined in § 665.12,
may not be used to fish for Mariana
bottomfish MUS 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:
Point

N. lat.

GU–1–A ........................
GU–1–B ........................
GU–1–C ........................
GU–1–D ........................
GU–1–E ........................
GU–1–F ........................
GU–1–G ........................
GU–1–H ........................
GU–1–I ..........................
GU–1–A ........................

14°16′
13°50′
13°17′
12°50′
12°30′
12°25′
12°57′
13°12′
13°29′44″
14°16′

E. long.
144°17′
143°52′
143°46′
143°54′
144°14′
144°51′
145°33′
145°43′
145°48′27″
144°17′

(b) [Reserved]
[75 FR 2205, Jan. 14, 2010, as amended at 81
FR 61626, Sept. 7, 2016; 84 FR 2774, Feb. 8,
2019]

§ 665.404

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must be submitted to PIRO as described in § 665.13.

Guam management subareas are divided by a line intersecting these two
points: 148° E. long., 12° N. lat., and 142°
E. long., 16° N. lat.

Permits.

(a) Applicability—(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.
(b) Submission. An application for a
permit required under this section

Prohibitions.

In addition to the general prohibitions specified in § 600.725 of this chapter and § 665.15, it is unlawful for any
person to do any of the following:
(a) Fish for Mariana bottomfish MUS
or ECS using gear prohibited under
§ 665.406.
(b) Use a large vessel that does not
have a valid Guam bottomfish permit
registered for use with that vessel to
fish for, land, or transship Mariana
bottomfish MUS or ECS shoreward of
the outer boundary of the Guam management subarea of the bottomfish
fishery management area in violation
of § 665.404(a).
(c) Use a large vessel to fish for Mariana bottomfish MUS or ECS within
the Guam large vessel bottomfish prohibited area, as defined in § 665.403(a).
(d) Land or transship, shoreward of
the outer boundary of the Guam management subarea of the bottomfish
fishery management area, Mariana
bottomfish MUS or ECS that were harvested in violation of § 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
§ 665.404(a)(2).
(f) Falsify or fail to make, keep,
maintain, or submit a Federal logbook
as required under § 665.14(b) when using
a vessel to engage in commercial fishing for Mariana bottomfish MUS or
ECS in the CNMI management subarea
in violation of § 665.14(b).
[84 FR 2774, Feb. 8, 2019]

§ 665.406

Gear restrictions.

(a) Bottom trawls and bottom set
gillnets. Fishing for bottomfish with
bottom trawls and bottom set gillnets
is prohibited.
(b) Possession of gear. Possession of a
bottom trawl and bottom set gillnet by
any vessel having a permit under
§ 665.404 or otherwise established to be

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Fishery Conservation and Management
fishing for bottomfish in the management subareas is prohibited.
(c) Poisons and explosives. The possession or use of any poisons, explosives,
or intoxicating substances for the purpose of harvesting bottomfish is prohibited.
§ 665.407 At-sea observer coverage.
All fishing vessels subject to §§ 665.400
through 665.407 must carry an observer
when directed to do so by the Regional
Administrator.
§§ 665.408–665.419

[Reserved]

§ 665.420 Mariana coral reef ecosystem
fisheries. [Reserved]
§ 665.421 Definitions.
As used in §§ 665.420 through 665.439,
Mariana coral reef ecosystem 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.
[84 FR 2774, Feb. 8, 2019]

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§ 665.422 Management area.
The Mariana coral reef management
area consists of the U.S. EEZ around
Guam and the offshore area of the
CNMI or that portion of the U.S. EEZ
around CNMI between three nautical
miles offshore and the outer boundary
of the U.S. EEZ. The inner boundary of
the management area is the seaward
boundaries of the Territory of Guam,
and a line three nautical miles seaward
from the shoreline of CNMI. The outer
boundary of the management area is
the outer boundary of the U.S. EEZ or
adjacent
international
maritime
boundaries. The CNMI and Guam management area is divided by a line intersecting these two points: 148° E. long.,
12° N. lat., and 142° E. long., 16° N. lat.
§ 665.423 Relation to other laws.
To ensure consistency between the
management regimes of different Federal agencies with shared management
responsibilities of fishery resources
within the Mariana coral reef ecosystem management area, fishing for
Mariana coral reef ECS is not allowed
within the boundary of a National
Wildlife Refuge unless specifically au-

§ 665.424
thorized by the USFWS, regardless of
whether that refuge was established by
action of the President or the Secretary of the Interior.
[84 FR 2774, Feb. 8, 2019]

§ 665.424

Permits and fees.

(a) Applicability. Unless otherwise
specified in this subpart, § 665.13 applies
to coral reef ecosystem permits.
(1) Special permit. Any person of the
United States fishing for, taking or retaining Mariana coral reef 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 § 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) Exceptions. The following persons
are not required to have a permit under
this section:
(i) Any person issued a permit to fish
under any FEP who incidentally
catches Mariana coral reef 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.
(iii) Any person collecting marine organisms for scientific research as described in § 665.17, or § 600.745 of this
chapter.
(b) Validity. Each permit will be valid
for fishing only in the fishery management area specified on the permit.
(c) General requirements. General requirements governing application information, issuance, fees, expiration,

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kpayne on VMOFRWIN702 with $$_JOB

§ 665.424

50 CFR Ch. VI (10–1–19 Edition)

replacement, transfer, alteration, display, sanctions, and appeals for permits are contained in § 665.13.
(d) Special permit. The Regional Administrator shall issue a special permit
in accordance with the criteria and
procedures specified in this section.
(1) Application. An applicant for a
special or transshipment permit issued
under this section must complete, and
submit to the Regional Administrator,
a Special Coral Reef Ecosystem Fishing Permit Application Form issued by
NMFS. Information in the application
form must include, but is not limited
to, a statement describing the objectives of the fishing activity for which a
special permit is needed, including a
general description of the expected disposition of the resources harvested
under the permit (i.e., stored live,
fresh, frozen, preserved; sold for food,
ornamental, research, or other use; and
a description of the planned fishing operation, including location of fishing
and gear operation, amount and species
(directed and incidental) expected to be
harvested and estimated habitat and
protected species impacts).
(2) Incomplete applications. The Regional Administrator may request from
an applicant additional information
necessary to make the determinations
required under this section. An applicant will be notified of an incomplete
application within 10 working days of
receipt of the application. An incomplete application will not be considered
until corrected and completed in writing.
(3) Issuance. (i) If an application contains all of the required information,
the Regional Administrator will forward copies of the application within 30
days to the Council, the USCG, the
fishery management agency of the affected state, and other interested parties who have identified themselves to
the Council, and the USFWS.
(ii) Within 60 days following receipt
of a complete application, the Regional
Administrator will consult with the
Council through its Executive Director, USFWS, and the Director of the affected state fishery management agency concerning the permit application,
and will receive their recommendations for approval or disapproval of the
application based on:

(A) Information provided by the applicant;
(B) The current domestic annual harvesting and processing capacity of the
directed and incidental species for
which a special permit is being requested;
(C) The current status of resources to
be harvested in relation to the overfishing definition in the FEP;
(D) Estimated ecosystem, habitat,
and protected species impacts of the
proposed activity; and
(E) Other biological and ecological
information relevant to the proposal.
The applicant will be provided with an
opportunity to appear in support of the
application.
(iii) Following a review of the Council’s recommendation and supporting
rationale, the Regional Administrator
may:
(A) Concur with the Council’s recommendation and, after finding that it
is consistent with the goals and objectives of the FEP, the national standards, the Endangered Species Act, and
other applicable laws, approve or deny
a special permit; or
(B)
Reject
the
Council’s
recommendation, in which case, written
reasons will be provided by the Regional Administrator to the Council for
the rejection.
(iv) If the Regional Administrator
does not receive a recommendation
from the Council within 60 days of
Council receipt of the permit application, the Regional Administrator can
make a determination of approval or
denial independently.
(v) Within 30 working days after the
consultation in paragraph (d)(3)(ii) of
this section, or as soon as practicable
thereafter, NMFS will notify the applicant in writing of the decision to grant
or deny the special permit and, if denied, the reasons for the denial.
Grounds for denial of a special permit
include the following:
(A) The applicant has failed to disclose material information required, or
has made false statements as to any
material fact, in connection with his or
her application.
(B) According to the best scientific
information available, the directed or
incidental catch in the season or location specified under the permit would

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kpayne on VMOFRWIN702 with $$_JOB

Fishery Conservation and Management
detrimentally affect any coral reef resource or coral reef ecosystem in a significant way, including, but not limited to, issues related to spawning
grounds or seasons, protected species
interactions, EFH, and habitat areas of
particular concern (HAPC).
(C) Issuance of the special permit
would inequitably allocate fishing
privileges among domestic fishermen
or would have economic allocation as
its sole purpose.
(D) The method or amount of harvest
in the season and/or location stated on
the permit is considered inappropriate
based on previous human or natural
impacts in the given area.
(E) NMFS has determined that the
maximum number of permits for a
given area in a given season has been
reached and allocating additional permits in the same area would be detrimental to the resource.
(F) The activity proposed under the
special permit would create a significant enforcement problem.
(vi) The Regional Administrator may
attach conditions to the special permit, if it is granted, consistent with
the management objectives of the FEP,
including, but not limited to:
(A) The maximum amount of each resource that can be harvested and landed during the term of the special permit, including trip limits, where appropriate.
(B) The times and places where fishing may be conducted.
(C) The type, size, and amount of
gear which may be used by each vessel
operated under the special permit.
(D) Data reporting requirements.
(E) Such other conditions as may be
necessary to ensure compliance with
the purposes of the special permit consistent with the objectives of the FEP.
(4) Appeals of permit actions.
(i) Except as provided in subpart D of
15 CFR part 904, any applicant for a
permit or a permit holder may appeal
the granting, denial, conditioning, or
suspension of their permit or a permit
affecting their interests to the Regional Administrator. In order to be
considered by the Regional Administrator, such appeal must be in writing,
must state the action(s) appealed, and
the reasons therefore, and must be submitted within 30 days of the original

§ 665.424
action(s) by the Regional Administrator. The appellant may request an
informal hearing on the appeal.
(ii) Upon receipt of an appeal authorized by this section, the Regional Administrator will notify the permit applicant, or permit holder as appropriate, and will request such additional
information and in such form as will
allow action upon the appeal. Upon receipt of sufficient information, the Regional Administrator will rule on the
appeal in accordance with the permit
eligibility criteria set forth in this section and the FEP, as appropriate, based
upon information relative to the application on file at NMFS and the Council
and any additional information, the
summary record kept of any hearing
and the hearing officer’s recommended
decision, if any, and such other considerations as deemed appropriate. The
Regional Administrator will notify all
interested persons of the decision, and
the reasons therefore, in writing, normally within 30 days of the receipt of
sufficient information, unless additional time is needed for a hearing.
(iii) If a hearing is requested, or if
the Regional Administrator determines
that one is appropriate, the Regional
Administrator may grant an informal
hearing before a hearing officer designated for that purpose after first giving notice of the time, place, and subject matter of the hearing in the FEDERAL REGISTER. Such a hearing shall
normally be held no later than 30 days
following publication of the notice in
the FEDERAL REGISTER, unless the
hearing officer extends the time for
reasons deemed equitable. The appellant, the applicant (if different), and,
at the discretion of the hearing officer,
other interested parties, may appear
personally and/or be represented by
counsel at the hearing and submit information and present arguments as
determined appropriate by the hearing
officer. Within 30 days of the last day
of the hearing, the hearing officer shall
recommend in writing a decision to the
Regional Administrator.
(iv) The Regional Administrator may
adopt
the
hearing
officer’s
recommended decision, in whole or in
part, or may reject or modify it. In any
event, the Regional Administrator will

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§ 665.425
notify interested persons of the decision, and the reason(s) therefore, in
writing, within 30 days of receipt of the
hearing officer’s recommended decision. The Regional Administrator’s action constitutes final action for the
agency for the purposes of the Administrative Procedure Act.
(5) The Regional Administrator may
extend, for good cause, any time limit
prescribed in this section for a period
not to exceed 30 days, either upon his
or her own motion or upon written request from the Council, appellant or
applicant stating the reason(s) therefore.

stock collection or traditional and ceremonial purposes by indigenous people.

[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2775, Feb. 8, 2019]

[84 FR 2775, Feb. 8, 2019]

§ 665.425

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50 CFR Ch. VI (10–1–19 Edition)

Prohibitions.

In addition to the general prohibitions specified in § 600.725 of this chapter and § 665.15 of this part, it is unlawful for any person to do any of the following:
(a) Fish for, take, retain, possess or
land any Mariana coral reef ECS in any
low-use MPA as defined in § 665.12 unless:
(1) A valid permit has been issued for
the hand harvester or the fishing vessel
operator that specifies the applicable
area of harvest;
(2) A permit is not required, as outlined in § 665.424 of this part; or
(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:
(1) That is determined overfished
with subsequent rulemaking by the Regional Administrator.
(2) By means of gear or methods prohibited under § 665.427.
(3) In a low-use MPA without a valid
special permit.
(4) In violation of any permit issued
under §§ 665.13 or 665.424.
(c) Fish for, take, or retain any wild
live rock or live hard coral except
under a valid special permit for scientific research, aquaculture seed

[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2775, Feb. 8, 2019]

§ 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.

§ 665.427 Allowable gear and gear restrictions.
(a) Mariana coral reef ECS may be
taken only with the following allowable gear and methods:
(1) Hand harvest;
(2) Spear;
(3) Slurp gun;
(4) Hand net/dip net;
(5) Hoop net for Kona crab;
(6) Throw net;
(7) Barrier net;
(8) Surround/purse net that is attended at all times;
(9) Hook-and-line (includes handline
(powered or not), rod-and-reel, and
trolling);
(10) Crab and fish traps with vessel ID
number affixed; and
(11)
Remote-operating
vehicles/
submersibles.
(b) Mariana coral reef 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.
(c) Existing FEP fisheries shall follow the allowable gear and methods
outlined in their respective plans.
(d) Any person who intends to fish
with new gear not included in this section must describe the new gear and its
method of deployment in the special
permit application. A decision on the
permissibility of this gear type will be
made by the Regional Administrator
after consultation with the Council and

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Fishery Conservation and Management
the director of the affected state fishery management agency.

[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2775, Feb. 8, 2019]

[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2775, Feb. 8, 2019]

§ 665.442

§ 665.428

Gear identification.

(a) The vessel number must be affixed
to all fish and crab traps on board the
vessel or deployed in the water by any
vessel or person holding a permit under
§§ 665.13 or 665.424 or that is otherwise
established to be fishing for Mariana
coral reef ecosystem MUS in the management area.
(b) Enforcement action. (1) Traps not
marked in compliance with paragraph
(a) of this section and found deployed
in the coral reef ecosystem management area will be considered unclaimed
or abandoned property, and may be disposed of in any manner considered appropriate by NMFS or an authorized officer.
(2) Unattended surround nets or bait
seine nets found deployed in the coral
reef ecosystem management area will
be considered unclaimed or abandoned
property, and may be disposed of in
any manner considered appropriate by
NMFS or an authorized officer.
§§ 665.429–665.439

[Reserved]

§ 665.440 Mariana crustacean fisheries.
[Reserved]
§ 665.441

Definitions.

As used in §§ 665.440 through 665.459:
Crustacean Permit Area 5 (Permit Area
5) means the EEZ around Guam and
the EEZ seaward of points 3 nautical
miles from the shoreline of the CNMI.
Mariana crustacean ecosystem component species (Mariana crustacean ECS)
means those species identified as ECS
in the Marianas Archipelago FEP.
Mariana crustacean management unit
species means the following crustaceans:

kpayne on VMOFRWIN702 with $$_JOB

§ 665.444

Local name

English common
name

Mahonggang .....

spiny lobster .........

pa’pangpang ......

slipper lobster .......
Kona crab .............
deepwater shrimp

Scientific name
Panulirus
marginatus,
Panulirus
penicillatus.
Scyllaridae.
Ranina ranina.
Heterocarpus spp.

Permits.

(a) Applicability. (1) The owner of any
vessel used to fish for lobster in Crustacean Permit Area 5 must have a permit issued for such a vessel.
(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.
(b) General requirements. General requirements governing application information, issuance, fees, expiration,
replacement, transfer, alteration, display, sanctions, and appeals for permits issued under this section, as applicable, are contained in § 665.13.
(c) Application. An application for a
permit required under this section
shall be submitted to PIRO as described in § 665.13. If the application for
a limited access permit is submitted on
behalf of a partnership or corporation,
the application must be accompanied
by a supplementary information sheet
obtained from PIRO and contain the
names and mailing addresses of all
partners or shareholders and their respective percentage of ownership in the
partnership or corporation.
[75 FR 2205, Jan. 14, 2010, as amended at 81
FR 61626, Sept. 7, 2016; 84 FR 2775, Feb. 8,
2019]

§ 665.443

Prohibitions.

In addition to the general prohibitions specified in § 600.725 of this chapter and § 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 § 665.442.
[84 FR 2775, Feb. 8, 2019]

§ 665.444

Notifications.

(a) The operator of any vessel subject
to the requirements of this subpart
must:
(1) Report, not less than 24 hours, but
not more than 36 hours, before landing,
the port, the approximate date and the
approximate time at which spiny and
slipper lobsters will be landed.

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§ 665.445

50 CFR Ch. VI (10–1–19 Edition)

(2) Report, not less than 6 hours and
not more than 12 hours before offloading, the location and time that offloading of spiny and slipper lobsters
will begin.
(b) The Regional Administrator will
notify permit holders of any change in
the reporting method and schedule required in paragraphs (a)(1) and (2) of
this section at least 30 days prior to
the opening of the fishing season.
§ 665.445

At-sea observer coverage.

All fishing vessels subject to §§ 665.440
through 665.445 and subpart A of this
part must carry an observer when requested to do so by the Regional Administrator.
§§ 665.446–665.459

[Reserved]

§ 665.460 Mariana precious coral fisheries. [Reserved]
§ 665.461

Definitions.

As used in §§ 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.
Mariana precious coral management
unit species means any coral of the
genus Corallium in addition to the following species of corals:
English common
name

Scientific name

Pink coral (also
known as red
coral).
Gold coral ..........

Corallium secundum, Corallium regale,
Corallium laauense.

[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2775, Feb. 8, 2019]

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

Gerardia spp., Callogorgia gilberti, Narella
spp., Calyptrophora spp.
Lepidisis olapa, Acanella spp.
Antipathes dichotoma, Antipathes grandis,
Antipathes ulex.

[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2775, Feb. 8, 2019]

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

In addition to the general prohibitions specified in § 600.725 of this chapter and in § 665.15, it is unlawful for any
person to:
(a) Use any vessel to fish for, take,
retain, possess or land 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 § 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:

Bamboo coral ....
Black coral .........

kpayne on VMOFRWIN702 with $$_JOB

(ii) Permit Area X–P–CNMI includes
all coral beds, other than established
beds, conditional beds, or refugia, in
the EEZ seaward of points 3 nautical
miles from the shoreline of the CNMI.

§ 665.463

Prohibitions.

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Fishery Conservation and Management
(1) By means of gear or methods prohibited by § 665.464.
(2) In refugia specified in § 665.461.
(3) In a bed for which the quota specified in § 665.467 has been attained.
(4) In violation of any permit issued
under §§ 665.13 or 665.17.
(5) In a bed that has been closed pursuant to §§ 665.466 or 665.469.
(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 § 665.465
unless:
(1) A valid EFP was issued under
§ 665.17 for the vessel and the vessel was
operating under the terms of the permit; or
(2) The coral originated outside coral
beds listed in this paragraph, and this
can be demonstrated through receipts
of purchase, invoices, or other documentation.
[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2775, Feb. 8, 2019]

§ 665.464

Gear restrictions.

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

kpayne on VMOFRWIN702 with $$_JOB

§ 665.465

Size restrictions.

The height of a live coral specimen
shall be determined by a straight line
measurement taken from its base to its
most distal extremity. The stem diameter of a living coral specimen shall
be determined by measuring the greatest diameter of the stem at a point no
less than 1 inch (2.54 cm) from the top
surface of the living holdfast.
(a) Live 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).
[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 2775, Feb. 8, 2019]

§ 665.467
§ 665.466 Closures.
(a) If the Regional Administrator determines that the harvest quota for
any coral bed will be reached prior to
the end of the fishing year, NMFS shall
publish a notice to that effect in the
FEDERAL REGISTER and shall use other
means to notify permit holders. Any
such notice must indicate the reason
for the closure, the bed being closed,
and the effective date of the closure.
(b) A closure is also effective for a
permit holder upon the permit holder’s
actual harvest of the applicable quota.
§ 665.467 Quotas.
(a) General. The quotas limiting the
amount of precious coral that may be
taken in any precious coral permit
area during the fishing year are listed
in § 665.467(d). Only live coral is counted
toward the quota. The accounting period for all quotas begins July 1, 1983.
(b) Conditional bed closure. A conditional bed will be closed to all nonselective coral harvesting after the
quota for one species of coral has been
taken.
(c) Reserves and reserve release. The
quotas for exploratory areas X–P–G
and X–P–CNMI will be held in reserve
for harvest by vessels of the United
States in the following manner:
(1) At the start of the fishing year,
the reserve for the Guam and CNMI exploratory areas will equal the quota
minus the estimated domestic annual
harvest for that year.
(2) As soon as practicable after December 31 each year, the Regional Administrator will determine the amount
harvested by vessels of the United
States between July 1 and December 31
of the year that just ended on December 31.
(3) NMFS will release to TALFF an
amount of precious coral for each exploratory area equal to the quota
minus two times the amount harvested
by vessels of the United States in that
July 1-December 31 period.
(4) NMFS will publish in the FEDERAL
REGISTER a notification of the Regional Administrator’s determination
and a summary of the information on
which it is based as soon as practicable
after the determination is made.
(d) The Guam and CNMI exploratory
permit areas, X–P–GU and X–P–CNMI,

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§ 665.468

50 CFR Ch. VI (10–1–19 Edition)

each have annual quotas of 1,000 kg for
all precious coral MUS combined with
the exception of black corals.
§ 665.468 Seasons.
The fishing year for precious coral
begins on July 1 and ends on June 30
the following year.
§ 665.469 Gold coral harvest moratorium.
Fishing for, taking, or retaining any
gold coral in any precious coral permit
area is prohibited through June 30,
2023.
[83 FR 27717, June 14, 2018]

Subpart E—Pacific Remote Island
Area Fisheries
§ 665.598 Management area.
The PRIA fishery management area
is the EEZ seaward of Palmyra Atoll,
Kingman Reef, Jarvis Island, Baker Island, Howland Island, Johnston Atoll,
and Wake Island, Pacific Remote Island Areas with the inner boundary a
line coterminous with the seaward
boundaries of the above atolls, reefs
and islands PRIA and the outer boundary a line drawn in such a manner that
each point on it is 200 nautical miles
from the baseline from which the territorial sea is measured, or is coterminous with adjacent international maritime boundaries.
§ 665.599 Area restrictions.
Except as provided in § 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.
[78 FR 33003, June 3, 2013]

kpayne on VMOFRWIN702 with $$_JOB

§ 665.600 PRIA
[Reserved]

bottomfish

fisheries.

§ 665.601 Definitions.
As used in §§ 665.600 through 665.619:
PRIA bottomfish fishing permit means
the permit required by § 665.603 to use a
vessel to fish for PRIA bottomfish MUS
in the EEZ around the PRIA, or to land
bottomfish MUS shoreward of the

outer boundary of the EEZ around the
PRIA, with the exception of EEZ waters around Midway Atoll.
PRIA bottomfish management unit species (PRIA bottomfish MUS) means the
following fish:
Common name
(1) Silver jaw jobfish ...........
(2) Giant trevally .................
(3) Black jack ......................
(4) Blacktip grouper ............
(5) Sea bass .......................
(6) Red snapper ..................
(7) Longtail snapper ............
(8) Redgill emperor .............
(9) Yellowtail snapper .........
(10) Pink snapper ...............
(11) Pink snapper ...............
(12) Lunartail, lyretail grouper.

Scientific name
Aphareus rutilans.
Caranx ignobilis.
Caranx lugubris.
Epinephelus fasciatus.
Hyporthodus quernus.
Etelis carbunculus.
Etelis coruscans.
Lethrinus rubrioperculatus.
Pristipomoides auricilla.
Pristipomoides filamentosus.
Pristipomoides seiboldii.
Variola louti.

[75 FR 2205, Jan. 14, 2010, as amended at 84
FR 29397, June 24, 2019]

§ 665.602

[Reserved]

§ 665.603 Permits.
(a) Applicability. PRIA. The owner of
any vessel used to fish for, land, or
transship PRIA bottomfish MUS shoreward of the outer boundary of the
PRIA subarea must have a permit
issued under this section, and the permit must be registered for use with
that vessel.
(b) Submission. An application for a
permit required under this section
must be submitted to PIRO as described in § 665.13.
§ 665.604 Prohibitions.
In addition to the general prohibitions specified in § 600.725 of this chapter and § 665.16, it is unlawful for any
person to do any of the following:
(a) Fish for PRIA bottomfish MUS
using gear prohibited under § 665.605.
(b) Fish for, or retain on board a vessel, PRIA bottomfish MUS in the PRIA
without the appropriate permit registered for use with that vessel issued
under § 665.13.
(c) Falsify or fail to make or file all
reports of PRIA bottomfish MUS landings taken in the PRIA, containing all
data in the exact manner, as specified
in § 665.14(b).
§ 665.605 Gear restrictions.
(a) Bottom trawls and bottom set
gillnets. Fishing for PRIA bottomfish

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Fishery Conservation and Management
MUS with bottom trawls and bottom
set gillnets is prohibited.
(b) Possession of gear. Possession of a
bottom trawl and bottom set gillnet by
any vessel having a permit under
§ 665.603 or otherwise established to be
fishing for PRIA bottomfish MUS in
the PRIA fishery management area is
prohibited.
(c) Poisons and explosives. The possession or use of any poisons, explosives,
or intoxicating substances for the purpose of harvesting PRIA bottomfish is
prohibited.
§ 665.606 At-sea observer coverage.
All fishing vessels subject to §§ 665.600
through 665.606 must carry an observer
when directed to do so by the Regional
Administrator.
Family name

§§ 665.607–665.619

[Reserved]

§ 665.620 PRIA coral reef ecosystem
fisheries. [Reserved]
§ 665.621

Definitions.

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

English common name

Acanthuridae (Surgeonfishes)

Labridae (Wrasses) ...................................

Mullidae (Goatfishes) .................................

Mullidae (Goatfishes) .................................

Mugilidae (Mullets) ....................................

Muraenidae (Moray eels) ..........................
kpayne on VMOFRWIN702 with $$_JOB

§ 665.621

Octopodidae ..............................................

Scientific name

orange-spot .............................................
surgeonfish.
yellowfin surgeonfish ...............................
convict tang .............................................
eye-striped surgeonfish ...........................
blue-lined surgeon ...................................
Whitebar surgeonfish ..............................
blue-banded surgeonfish .........................
blackstreak surgeonfish ...........................
whitecheek surgeonfish ...........................
white-spotted surgeonfish .......................
Ringtail surgeonfish .................................
brown surgeonfish ...................................
yellow-eyed surgeonfish ..........................
striped bristletooth ...................................
twospot bristletooth .................................
Yellow tang ..............................................
bluespine unicornfish ...............................
orangespine unicornfish ..........................
black tongue unicornfish .........................
bignose unicornfish .................................
whitemargin unicornfish ...........................
spotted unicornfish ..................................
Napoleon wrasse .....................................
Triple-tail wrasse .....................................
Floral wrasse ...........................................
ring-tailed wrasse ....................................
bandcheek wrasse ..................................
Barred thicklip ..........................................
three-spot wrasse ....................................
red ribbon wrasse ....................................
Sunset wrasse .........................................
Yellow goatfish ........................................
Orange goatfish .......................................
yellowstripe goatfish ................................
Banded goatfish ......................................
dash-dot goatfish .....................................
yellowsaddle goatfish ..............................
multi-barred goatfish ................................
bantail goatfish ........................................
fringelip mullet .........................................
engel’s mullet ..........................................
false mullet ..............................................
yellowmargin moray eel ..........................
giant moray eel ........................................
undulated moray eel ................................
Octopus ...................................................
Octopus ...................................................

Acanthurus olivaceus.
Acanthurus xanthopterus.
Acanthurus triostegus.
Acanthurus dussumieri.
Acanthurus nigroris.
Acanthurus leucopareius.
Acanthurus lineatus.
Acanthurus nigricauda.
Acanthurus nigricans.
Acanthurus guttatus.
Acanthurus blochii.
Acanthurus nigrofuscus.
Ctenochaetus strigosus.
Ctenochaetus striatus.
Ctenochaetus binotatus.
Zebrasoma flavescens.
Naso unicornus.
Naso lituratus.
Naso hexacanthus.
Naso vlamingii.
Naso annulatus.
Naso brevirostris.
Cheilinus undulatus.
Cheilinus trilobatus.
Cheilinus chlorourus.
Oxycheilinus unifasciatus.
Oxycheilinus diagrammus.
Hemigymnus fasciatus.
Halichoeres trimaculatus.
Thalassoma quinquevittatum.
Thalassoma lutescens.
Mulloidichthys. spp.
Mulloidichthys pfleugeri.
Mulloidichthys flavolineatus.
Parupeneus. spp.
Parupeneus barberinus.
Parupeneus cyclostomas.
Parupeneus multifaciatus.
Upeneus arge.
Crenimugil crenilabis.
Moolgarda engeli.
Neomyxus leuciscus.
Gymnothorax flavimarginatus.
Gymnothorax javanicus.
Gymnothorax undulatus.
Octopus cyanea.
Octopus ornatus.

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§ 665.621

50 CFR Ch. VI (10–1–19 Edition)
Family name

English common name

Pricanthidae (Bigeye) ................................
Scaridae (Parrotfishes) ..............................

Glasseye ..................................................
Humphead parrotfish ...............................
parrotfish ..................................................
pacific longnose parrotfish ......................
stareye parrotfish .....................................
Dogtooth tuna ..........................................
great barracuda .......................................

Scombridae ................................................
Sphyraenidae (Barracuda) ........................

Scientific name
Heteropriacanthus cruentatus.
Bolbometopon muricatum.
Scarus. spp.
Hipposcarus longiceps.
Calotomus carolinus.
Gymnosarda unicolor.
Sphyraena barracuda.

PRIA Potentially Harvested Coral Reef Taxa:
English common name

Scientific name

wrasses (Those species not listed as CHCRT) ..........................
sharks (Those species not listed as CHCRT) .............................
rays and skates ...........................................................................
groupers (Those species not listed as CHCRT or as BMUS) ....
jacks and scads (Those species not listed as CHCRT or as
BMUS).
solderfishes and squirrelfishes (Those species not listed as
CHCRT).
goatfishes (Those species not listed as CHCRT) .......................
Batfishes ......................................................................................
Sweetlips .....................................................................................
Remoras ......................................................................................
Tilefishes ......................................................................................
Dottybacks ...................................................................................
Prettyfins ......................................................................................
surgeonfishes (Those species not listed as CHCRT) .................
emperors (Those species not listed as CHCRT or as BMUS) ...
Herrings .......................................................................................
Gobies .........................................................................................
snappers (Those species not listed as CHCRT or as BMUS) ...
trigger fishes (Those species not listed as CHCRT) ..................
rabbitfishes (Those species not listed as CHCRT) .....................
eels (Those species not listed as CHCRT) .................................
Cardinalfishes ..............................................................................
moorish idols ...............................................................................
butterfly fishes .............................................................................
Angelfishes ..................................................................................
Damselfishes ...............................................................................
Scorpionfishes .............................................................................
Blennies .......................................................................................
barracudas (Those species not listed as CHCRT) .....................
Sandperches ................................................................................
rudderfishes (Those species not listed as CHCRT) ...................
Fusiliers .......................................................................................
hawkfishes (Those species not listed as CHCRT) .....................
Frogfishes ....................................................................................
pipefishes, seahorses ..................................................................
flounders, soles ...........................................................................
Trunkfishes ..................................................................................
puffer fishes, porcupine fishes ....................................................
Trumpetfish ..................................................................................
Cornetfish ....................................................................................
blue corals ...................................................................................
organpipe corals ..........................................................................
ahermatypic corals ......................................................................
mushroom corals .........................................................................
small and large coral polyps .......................................................
fire corals .....................................................................................
soft corals, gorgonians ................................................................
Anemones ....................................................................................
soft zoanthid corals .....................................................................

kpayne on VMOFRWIN702 with $$_JOB

sea squirts ...................................................................................
sea cucumbers and sea urchins .................................................
Those species not listed as CHCRT ...........................................
sea snails .....................................................................................
sea slugs .....................................................................................
black lipped pearl oyster .............................................................
giant clam ....................................................................................
other clams ..................................................................................

Labridae.
Carcharhinidae, Sphyrnidae.
Myliobatidae, Mobulidae.
Serrandiae.
Carangidae.
Holocentridae.
Mullidae.
Ephippidae.
Haemulidae.
Echeneidae.
Malacanthidae.
Pseudochromidae.
Plesiopidae.
Acanthuridae.
Lethrinidae.
Clupeidae.
Gobiidae.
Lutjanidae.
Balistidae.
Siganidae.
Muraenidae, Chlopsidae, Congridae, Ophichthidae.
Apogonidae.
Zanclidae.
Chaetodontidae.
Pomacanthidae.
Pomacentridae.
Scorpaenidae.
Blenniidae.
Sphyraenidae.
Pinguipedidae.
Kyphosidae.
Caesionidae.
Cirrhitidae.
Antennariidae.
Syngnathidae.
Bothidae.
Ostraciidae.
Tetradontidae.
Aulostomus chinensis.
Fistularia commersoni.
Heliopora.
Tubipora.
Azooxanthellates.
Fungiidae.
Millepora.
Actinaria.
Zoanthinaria.
Hydrozoans, Bryzoans.
Tunicates.
Echinoderms.
Mollusca.
Gastropoda.
Trochus.
Opistobranchs.
Pinctada margaritifera.
Tridacnidae.
Other Bivalves.
Cephalopods.

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Fishery Conservation and Management

§ 665.624

English common name

Scientific name

lobsters, shrimps/mantis shrimps, true crabs and hermit crabs
(Those species not listed as CMUS) ..........................................
Sponges .......................................................................................
lace corals ...................................................................................
hydroid corals ..............................................................................
segmented worms .......................................................................
Seaweed ......................................................................................
Live rock.

Crustaceans.
Porifera.
Stylasteridae.
Solanderidae.
Annelids.
Algae.

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

§ 665.622

[Reserved]

§ 665.623

Relation to other laws.

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

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§ 665.624

Permits and fees.

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

(i) Any person issued a permit to fish
under any FEP who incidentally
catches PRIA coral reef ecosystem
MUS while fishing for bottomfish MUS,
crustacean MUS, western Pacific pelagic MUS, precious coral, or seamount
groundfish.
(ii) Any person fishing for PRIA
CHCRT outside of an MPA, who does
not retain any incidentally caught
PRIA PHCRT.
(iii) Any person collecting marine organisms for scientific research as described in § 665.17, or § 600.745 of this
chapter.
(b) Validity. Each permit will be valid
for fishing only in the fishery management area specified on the permit.
(c) General requirements. General requirements governing application information, issuance, fees, expiration,
replacement, transfer, alteration, display, sanctions, and appeals for permits are contained in § 665.13.
(d) Special permit. The Regional Administrator shall issue a special permit
in accordance with the criteria and
procedures specified in this section.
(1) Application. An applicant for a
special or transshipment permit issued
under this section must complete and
submit to the Regional Administrator
a Special Coral Reef Ecosystem Fishing Permit Application Form issued by
NMFS. Information in the application
form must include, but is not limited
to, a statement describing the objectives of the fishing activity for which a
special permit is needed, including a
general description of the expected disposition of the resources harvested
under the permit (i.e., stored live,
fresh, frozen, preserved; sold for food,
ornamental, research, or other use; and
a description of the planned fishing operation, including location of fishing

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§ 665.624

50 CFR Ch. VI (10–1–19 Edition)

and gear operation, amount and species
(directed and incidental) expected to be
harvested and estimated habitat and
protected species impacts).
(2) Incomplete applications. The Regional Administrator may request from
an applicant additional information
necessary to make the determinations
required under this section. An applicant will be notified of an incomplete
application within 10 working days of
receipt of the application. An incomplete application will not be considered
until corrected and completed in writing.
(3) Issuance. (i) If an application contains all of the required information,
the Regional Administrator will forward copies of the application within 30
days to the Council, the USCG, the
fishery management agency of the affected state, and other interested parties who have identified themselves to
the Council, and the USFWS.
(ii) Within 60 days following receipt
of a complete application, the Regional
Administrator will consult with the
Council through its Executive Director, USFWS, and the Director of the affected state fishery management agency concerning the permit application
and will receive their recommendations for approval or disapproval of the
application based on:
(A) Information provided by the applicant;
(B) The current domestic annual harvesting and processing capacity of the
directed and incidental species for
which a special permit is being requested;
(C) The current status of resources to
be harvested in relation to the overfishing definition in the FEP;
(D) Estimated ecosystem, habitat,
and protected species impacts of the
proposed activity; and
(E) Other biological and ecological
information relevant to the proposal.
The applicant will be provided with an
opportunity to appear in support of the
application.
(iii) Following a review of the Council’s recommendation and supporting
rationale, the Regional Administrator
may:
(A) Concur with the Council’s recommendation and, after finding that it
is consistent with the goals and objec-

tives of the FEP, the national standards, the Endangered Species Act, and
other applicable laws, approve or deny
a special permit; or
(B)
Reject
the
Council’s
recommendation, in which case, written
reasons will be provided by the Regional Administrator to the Council for
the rejection.
(iv) If the Regional Administrator
does not receive a recommendation
from the Council within 60 days of
Council receipt of the permit application, the Regional Administrator can
make a determination of approval or
denial independently.
(v) Within 30 working days after the
consultation in paragraph (d)(3)(ii) of
this section, or as soon as practicable
thereafter, NMFS will notify the applicant in writing of the decision to grant
or deny the special permit and, if denied, the reasons for the denial.
Grounds for denial of a special permit
include the following:
(A) The applicant has failed to disclose material information required, or
has made false statements as to any
material fact, in connection with his or
her application.
(B) According to the best scientific
information available, the directed or
incidental catch in the season or location specified under the permit would
detrimentally affect any coral reef resource or coral reef ecosystem in a significant way, including, but not limited to issues related to, spawning
grounds or seasons, protected species
interactions, EFH, and habitat areas of
particular concern (HAPC).
(C) Issuance of the special permit
would inequitably allocate fishing
privileges among domestic fishermen
or would have economic allocation as
its sole purpose.
(D) The method or amount of harvest
in the season and/or location stated on
the permit is considered inappropriate
based on previous human or natural
impacts in the given area.
(E) NMFS has determined that the
maximum number of permits for a
given area in a given season has been
reached and allocating additional permits in the same area would be detrimental to the resource.

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Fishery Conservation and Management
(F) The activity proposed under the
special permit would create a significant enforcement problem.
(vi) The Regional Administrator may
attach conditions to the special permit, if it is granted, consistent with
the management objectives of the FEP,
including but not limited to:
(A) The maximum amount of each resource that can be harvested and landed during the term of the special permit, including trip limits, where appropriate.
(B) The times and places where fishing may be conducted.
(C) The type, size, and amount of
gear which may be used by each vessel
operated under the special permit.
(D) Data reporting requirements.
(E) Such other conditions as may be
necessary to ensure compliance with
the purposes of the special permit consistent with the objectives of the FEP.
(4) Appeals of permit actions.
(i) Except as provided in subpart D of
15 CFR part 904, any applicant for a
permit or a permit holder may appeal
the granting, denial, conditioning, or
suspension of their permit or a permit
affecting their interests to the Regional Administrator. In order to be
considered by the Regional Administrator, such appeal must be in writing,
must state the action(s) appealed, and
the reasons therefore, and must be submitted within 30 days of the original
action(s) by the Regional Administrator. The appellant may request an
informal hearing on the appeal.
(ii) Upon receipt of an appeal authorized by this section, the Regional Administrator will notify the permit applicant, or permit holder as appropriate, and will request such additional
information and in such form as will
allow action upon the appeal. Upon receipt of sufficient information, the Regional Administrator will rule on the
appeal in accordance with the permit
eligibility criteria set forth in this section and the FEP, as appropriate, based
upon information relative to the application on file at NMFS and the Council
and any additional information, the
summary record kept of any hearing
and the hearing officer’s recommended
decision, if any, and such other considerations as deemed appropriate. The
Regional Administrator will notify all

§ 665.625
interested persons of the decision, and
the reasons therefor, in writing, normally within 30 days of the receipt of
sufficient information, unless additional time is needed for a hearing.
(iii) If a hearing is requested, or if
the Regional Administrator determines
that one is appropriate, the Regional
Administrator may grant an informal
hearing before a hearing officer designated for that purpose after first giving notice of the time, place, and subject matter of the hearing in the FEDERAL REGISTER. Such a hearing shall
normally be held no later than 30 days
following publication of the notice in
the FEDERAL REGISTER, unless the
hearing officer extends the time for
reasons deemed equitable. The appellant, the applicant (if different), and,
at the discretion of the hearing officer,
other interested parties, may appear
personally and/or be represented by
counsel at the hearing and submit information and present arguments as
determined appropriate by the hearing
officer. Within 30 days of the last day
of the hearing, the hearing officer shall
recommend in writing a decision to the
Regional Administrator.
(iv) The Regional Administrator may
adopt
the
hearing
officer’s
recommended decision, in whole or in
part, or may reject or modify it. In any
event, the Regional Administrator
shall notify interested persons of the
decision, and the reason(s) therefore, in
writing, within 30 days of receipt of the
hearing officer’s recommended decision. The Regional Administrator’s action constitutes final action for the
agency for the purposes of the Administrative Procedure Act.
(5) The Regional Administrator may,
for good cause, extend any time limit
prescribed in this section for a period
not to exceed 30 days, either upon his
or her own motion or upon written request from the Council, appellant or
applicant stating the reason(s) therefore.
[75 FR 2205, Jan. 14, 2010, as amended at 78
FR 33003, June 3, 2013]

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

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§ 665.626

50 CFR Ch. VI (10–1–19 Edition)

(a) [Reserved]
(b) Fish for, take, or retain any PRIA
coral reef ecosystem MUS species:
(1) That is determined overfished
with subsequent rulemaking by the Regional Administrator.
(2) By means of gear or methods prohibited under § 665.627.
(3) [Reserved]
(4) In violation of any permit issued
under §§ 665.13 or 665.624.
(c) Fish for, take, or retain any wild
live rock or live hard coral except
under a valid special permit for scientific research, aquaculture seed
stock collection or traditional and ceremonial purposes by indigenous people.
[75 FR 2205, Jan. 14, 2010, as amended at 78
FR 33003, June 3, 2013]

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§ 665.626 Notifications.
Any special permit holder subject to
the requirements of this subpart must
contact the appropriate NMFS enforcement agent in American Samoa, Guam,
or Hawaii at least 24 hours before landing any PRIA coral reef ecosystem
MUS unit species harvested under a
special permit, and report the port and
the approximate date and time at
which the catch will be landed.
§ 665.627 Allowable gear and gear restrictions.
(a) Coral reef ecosystem MUS may be
taken only with the following allowable gear and methods:
(1) Hand harvest;
(2) Spear;
(3) Slurp gun;
(4) Hand net/dip net;
(5) Hoop net for Kona crab;
(6) Throw net;
(7) Barrier net;
(8) Surround/purse net that is attended at all times;
(9) Hook-and-line (includes handline
(powered or not), rod-and-reel, and
trolling);
(10) Crab and fish traps with vessel ID
number affixed; and
(11)
Remote-operating
vehicles/
submersibles.
(b) PRIA coral reef ecosystem MUS
may not be taken by means of poisons,
explosives, or intoxicating substances.
Possession or use of these materials by
any permit holder under this subpart
who is established to be fishing for

coral reef ecosystem MUS in the management area is prohibited.
(c) PRIA coral reef ecosystem MUS
may not be taken by means of
spearfishing with SCUBA at night
(from 6 p.m. to 6 a.m.) in the U.S. EEZ
waters around Howland Island, Baker
Island, Jarvis Island, Wake Island,
Kingman Reef, Johnston Atoll and Palmyra Atoll.
(d) Existing FEP fisheries shall follow the allowable gear and methods
outlined in their respective plans.
(e) Any person who intends to fish
with new gear not included in this section must describe the new gear and its
method of deployment in the special
permit application. A decision on the
permissibility of this gear type will be
made by the Regional Administrator
after consultation with the Council and
the director of the affected state fishery management agency.
§ 665.628

Gear identification.

(a) The vessel number must be affixed
to all fish and crab traps on board the
vessel or deployed in the water by any
vessel or person holding a permit under
§§ 665.13 or 665.624 or that is otherwise
established to be fishing for PRIA coral
reef ecosystem MUS in the PRIA fishery management area.
(b) Enforcement action. (1) Traps not
marked in compliance with paragraph
(a) of this section and found deployed
in the PRIA fishery management area
will be considered unclaimed or abandoned property, and may be disposed of
in any manner considered appropriate
by NMFS or an authorized officer.
(2) Unattended surround nets or bait
seine nets found deployed in the coral
reef ecosystem management area will
be considered unclaimed or abandoned
property, and may be disposed of in
any manner considered appropriate by
NMFS or an authorized officer.
§§ 665.629–665.639
§ 665.640 PRIA
[Reserved]
§ 665.641

[Reserved]
crustacean

Definitions.

As used in §§ 665.640 through 665.659:
Crustacean Permit Area 4 (Permit Area
4) means the EEZ around Palmyra
Atoll, Kingman Reef, Jarvis Island,

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Fishery Conservation and Management
Baker Island, Howland Island, Johnston Atoll, and Wake Island.
PRIA crustacean fishing permit means
the permit required by § 665.642 to use a
vessel to fish for PRIA crustacean MUS
in the PRIA fishery management area,
or to land crustacean MUS shoreward
of the outer boundary of the PRIA fishery management area.
PRIA crustacean management unit species means the following crustaceans:
English
common name

Scientific name

Spiny lobster ..
Slipper lobster
Kona crab ......
Deepwater
shrimp.

Panulirus marginatus, Panulirus penicillatus.
Scyllaridae.
Ranina ranina.
Heterocarpus. spp.

§ 665.642

Permits.

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

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§ 665.643

Prohibitions.

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

§ 665.661
§ 665.644 Notifications.
(a) The operator of any vessel subject
to the requirements of this subpart
must:
(1) Report, not less than 24 hours, but
not more than 36 hours, before landing,
the port, the approximate date and the
approximate time at which spiny and
slipper lobsters will be landed.
(2) Report, not less than 6 hours and
not more than 12 hours before offloading, the location and time that offloading of spiny and slipper lobsters
will begin.
(b) The Regional Administrator will
notify permit holders of any change in
the reporting method and schedule required in paragraphs (a)(1) and (2) of
this section at least 30 days prior to
the opening of the fishing season.
§ 665.645 At-sea observer coverage.
All fishing vessels subject to §§ 665.640
through 665.645 and subpart A of this
part must carry an observer when requested to do so by the Regional Administrator.
§§ 665.646–665.659

[Reserved]

§ 665.660 PRIA precious
eries. [Reserved]

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§ 665.661 Definitions.
As used in §§ 665.660 through 665.669:
PRIA precious coral management unit
species (PRIA precious coral MUS) means
any coral of the genus Corallium in addition to the following species of corals:
English
common name
Pink coral (also
known as red
coral).
Gold coral ........
Bamboo coral ..
Black coral .......

Scientific name
Corallium secundum,
Corallium laauense.

Corallium

regale,

Gerardia spp., Callogorgia gilberti, Narella
spp., Calyptrophora spp.
Lepidisis olapa, Acanella spp.
Antipathes dichotoma, Antipathes grandis,
Antipathes ulex.

PRIA precious coral permit area means
the area encompassing the precious
coral beds within the EEZ around the
PRIA. Each bed is designated by a permit area code and assigned to one of
the following four categories:
(1) Established beds. [Reserved]
(2) Conditional beds. [Reserved]
(3) Refugia. [Reserved]

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§ 665.662

50 CFR Ch. VI (10–1–19 Edition)

(4) Exploratory Area. Permit Area X–
P–PI includes all coral beds, other than
established beds, conditional beds, or
refugia, in the EEZ seaward Palmyra
Atoll, Kingman Reef, Jarvis Island,
Baker Island, Howland Island, Johnston Atoll and Wake Island.
§ 665.662

Permits.

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

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§ 665.663

Prohibitions.

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

(4) In violation of any permit issued
under §§ 665.13 or 665.17.
(5) In a bed that has been closed pursuant to §§ 665.666 or 665.669.
(c) Take and retain, possess, or land
any live pink coral or live black coral
from any precious coral permit area
that is less than the minimum height
specified in § 665.665 unless:
(1) A valid EFP was issued under
§ 665.17 for the vessel and the vessel was
operating under the terms of the permit; or
(2) The coral originated outside coral
beds listed in this paragraph, and this
can be demonstrated through receipts
of purchase, invoices, or other documentation.
§ 665.664 Gear restrictions.
Only selective gear may be used to
harvest coral from any precious coral
permit area.
§ 665.665 Size restrictions.
The height of a live coral specimen
shall be determined by a straight line
measurement taken from its base to its
most distal extremity. The stem diameter of a living coral specimen shall
be determined by measuring the greatest diameter of the stem at a point no
less than 1 inch (2.54 cm) from the top
surface of the living holdfast.
(a) Live pink coral harvested from
any precious coral permit area must
have attained a minimum height of 10
inches (25.4 cm).
(b) Black coral. Live black coral harvested from any precious coral permit
area must have attained either a minimum stem diameter of 1 inch (2.54
cm), or a minimum height of 48 inches
(122 cm).
§ 665.666 Closures.
(a) If the Regional Administrator determines that the harvest quota for
any coral bed will be reached prior to
the end of the fishing year, NMFS shall
publish a notice to that effect in the
FEDERAL REGISTER and shall use other
means to notify permit holders. Any
such notice must indicate the reason
for the closure, the bed being closed,
and the effective date of the closure.
(b) A closure is also effective for a
permit holder upon the permit holder’s
actual harvest of the applicable quota.

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Fishery Conservation and Management
§ 665.667

Seasons.

The fishing year for precious coral
begins on July 1 and ends on June 30
the following year.
§ 665.669 Gold coral harvest moratorium.

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Subpart F—Western Pacific
Pelagic Fisheries

Quotas.

(a) General. The quotas limiting the
amount of precious coral that may be
taken in any precious coral permit
area during the fishing year are listed
in § 665.667(d). Only live coral is counted
toward the quota. The accounting period for all quotas begins July 1, 1983.
(b) Conditional bed closure. A conditional bed will be closed to all nonselective coral harvesting after the
quota for one species of coral has been
taken.
(c) Reserves and reserve release. The
quotas for exploratory area, X–P–PI,
will be held in reserve for harvest by
vessels of the United States in the following manner: (1) At the start of the
fishing year, the reserve for the PRIA
exploratory area will equal the quota
minus the estimated domestic annual
harvest for that year. (2) As soon as
practicable after December 31 each
year, the Regional Administrator will
determine the amount harvested by
vessels of the United States between
July 1 and December 31 of the year
that just ended on December 31. (3)
NMFS will release to TALFF an
amount of precious coral for each exploratory area equal to the quota
minus two times the amount harvested
by vessels of the United States in that
July 1-December 31 period. (4) NMFS
will publish in the FEDERAL REGISTER a
notification of the Regional Administrator’s determination and a summary
of the information on which it is based
as soon as practicable after the determination is made.
(d) PRIA exploratory permit area, X–
P–PI, has an annual quota of 1,000 kg
for all precious coral MUS combined
with the exception of black corals.
§ 665.668

§ 665.800

Fishing for, taking, or retaining any
gold coral in any precious coral permit
area is prohibited through June 30,
2023.
[83 FR 27717, June 14, 2018]

§ 665.798 Management area.
The western Pacific Pelagic fishery
management area includes all areas of
fishing operations in the EEZ or on the
high seas for any vessels of the United
States or persons that:
(a) Fish for, possess, or transship
western Pacific pelagic fishery MUS
within the EEZ waters around American Samoa, CNMI, Guam, Hawaii, or
PRIA; or
(b) Land western Pacific pelagic fishery MUS in American Samoa, CNMI,
Guam, Hawaii, or PRIA.
§ 665.799 Area restrictions.
(a) Fishing is prohibited in all notake MPAs designated in this section.
(b) No-take MPAs. The following U.S.
EEZ waters are no-take MPAs:
(1) Landward of the 50-fathom (fm)
(91.5-m) curve at Jarvis, Howland, and
Baker Islands, and Kingman Reef; as
depicted on National Ocean Survey
Chart Numbers 83116 and 83153;
(2) Landward of the 50-fm (91.5-m)
curve around Rose Atoll, as depicted on
National Ocean Survey Chart Number
83484.
§ 665.800 Definitions.
As used in §§ 665.798 through 665.818:
American Samoa longline limited access
permit means the permit required by
§ 665.801 to use a vessel shoreward of the
outer boundary of the EEZ around
American Samoa to fish for western
Pacific pelagic MUS using longline
gear or to land or transship western
Pacific pelagic MUS that were caught
in the EEZ around American Samoa
using longline gear.
American Samoa pelagics mailing list
means the list maintained by PIRO of
names and mailing addresses of parties
interested in receiving notices of availability for American Samoa longline
limited access permits.
Basket-style longline gear means a
type of longline gear that is divided
into units called ‘‘baskets’’ each consisting of a segment of main line to
which 10 or more branch lines with
hooks are spliced. The mainline and all
branch lines are made of multiple
braided strands of cotton, nylon, or

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§ 665.800

50 CFR Ch. VI (10–1–19 Edition)

other synthetic fibers impregnated
with tar or other heavy coatings that
cause the lines to sink rapidly in seawater.
Branch line (or dropper line) means a
line with a hook that is attached to the
mainline.
Deep-set or Deep-setting means the deployment of longline gear in a manner
consistent with all the following criteria: All float lines are at least 20 meters in length; a minimum of 15 branch
lines are attached between any two
floats (except basket-style longline
gear which may have as few as 10
branch lines between any two floats);
and no light sticks are used. As used in
this definition, ‘‘float line’’ means a
line used to suspend the main longline
beneath a float, and ‘‘light stick’’
means any type of light emitting device, including any fluorescent ‘‘glow
bead,’’ chemical, or electrically-powered light that is affixed underwater to
the longline gear.
Effective date means the date upon
which the Regional Administrator provides written notice to the authorized
official or designated representative of
the U.S. participating territory that a
specified fishing agreement meets the
requirements of this section.
Fish dealer means any person who:
(1) Obtains, with the intention to resell, western Pacific pelagic MUS, or
portions thereof, that were harvested
or received by a vessel that holds a permit or is otherwise regulated under
bottomfish fisheries in this subpart; or
(2) Provides recordkeeping, purchase,
or sales assistance in obtaining or selling such MUS (such as the services provided by a wholesale auction facility).
Float line means a line attached to a
mainline used to buoy, or suspend, the
mainline in the water column.
Hawaii longline limited access permit
means the permit required by § 665.801
to use a vessel to fish for western Pacific pelagic MUS with longline gear in
the EEZ around Hawaii or to land or
transship longline-caught western Pacific pelagic MUS shoreward of the
outer boundary of the EEZ around Hawaii.
Longline fishing prohibited area means
the portions of the EEZ in which
longline fishing is prohibited as specified in § 665.806.

Longline fishing vessel means a vessel
that has longline gear on board the
vessel.
Longline gear means a type of fishing
gear consisting of a main line that exceeds 1 nm in length, is suspended horizontally in the water column either anchored, floating, or attached to a vessel, and from which branch or dropper
lines with hooks are attached; except
that, within the protected species zone
as defined in § 665.806, longline gear
means a type of fishing gear consisting
of a main line of any length that is suspended horizontally in the water column either anchored, floating, or attached to a vessel, and from which
branch or dropper lines with hooks are
attached.
Pelagic handline fishing means fishing
for western Pacific pelagic MUS from a
stationary or drifting vessel using
hook and line gear other than longline
gear.
Pelagic troll fishing (trolling) means
fishing for western Pacific pelagic MUS
from a moving vessel using hook and
line gear.
PRIA pelagic troll and handline fishing
permit means the permit required by
§ 665.801 to use a vessel shoreward of the
outer boundary of the EEZ around the
PRIA to fish for western Pacific pelagic MUS using pelagic handline or
troll fishing methods.
Receiving vessel permit means a permit
required by § 665.801(c) for a receiving
vessel to transship or land western Pacific pelagic MUS taken by other vessels using longline gear.
Shallow-set or shallow-setting means
the deployment of, or deploying, respectively, longline gear in a manner
that does not meet the definition of
deep-set or deep-setting as defined in
this section.
Squid jig fishing means fishing for
squid that are western Pacific pelagic
MUS using a hook or hooks attached to
a line that is raised and lowered in the
water column by manual or mechanical
means.
U.S. participating territory means a
U.S. participating territory to the Convention on the Conservation and Management of Highly Migratory Fish
Stocks in the Western and Central Pacific Ocean (including any annexes,
amendments, or protocols that are in

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Fishery Conservation and Management
force, or have come into force, for the
United States), and includes American
Samoa, Guam, and the Northern Mariana Islands.
WCPFC means the Commission for
the Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean, including its employees and contractors.
Western Pacific general longline permit
means the permit authorized under
§ 665.801 to use a vessel shoreward of the
outer boundary of the EEZ around
Guam, CNMI, Johnston or Palmyra
Atolls, Kingman Reef, or Wake, Jarvis,
Baker or Howland Islands to fish for
western Pacific pelagic MUS using
longline gear or to land or to transship
western Pacific pelagic MUS that were
caught using longline gear.
Western Pacific pelagic management
unit species means the following species:
English
common name

Scientific name

Tunas:
Albacore ...........................
bigeye tuna .......................
Pacific bluefin tuna ...........
yellowfin tuna ...................
skipjack tuna ....................
Kawakawa ........................
other tuna relatives ..........

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Billfishes:
Black marlin .........................
Striped marlin .......................
Pacific blue marlin ...............
shortbill spearfish .............
Swordfish ..........................
Sailfish ..............................
Sharks:
pelagic thresher shark ......
bigeye thresher shark ......
common thresher shark ...
silky shark ........................
oceanic whitetip shark ......
blue shark .........................
shortfin mako shark ..........
longfin mako shark ...........
salmon shark ....................
Other pelagic fishes:
mahimahi (dolphinfish) .....
Wahoo ..............................
Moonfish ...........................
Oilfish ...............................
Pomfret .............................
Squid:
diamondback squid ..........
neon flying squid ..............
purpleback flying squid ....

Thunnus alalunga.
Thunnus obesus.
Thunnus orientalis
Thunnus albacares.
Katsuwonus pelamis.
Euthynnus affinis.
Auxis spp., Scomber spp.,
Allothunnus spp.
Istiompax indica
Kajikia audax
Makaira nigricans
Tetrapturus angustirostris.
Xiphias gladius.
Istiophorus platypterus.
Alopias pelagicus.
Alopias superciliosus.
Alopias vulpinus.
Carcharhinus falciformis.
Carcharhinus longimanus.
Prionace glauca.
Isurus oxyrinchus.
Isurus paucus.
Lamna ditropis.
Coryphaena spp.
Acanthocybium solandri.
Lampris spp.
Gempylidae.
Bramidae.
Thysanoteuthis rhombus.
Ommastrephes bartramii.
Sthenoteuthis oualaniensis.

[75 FR 2205, Jan. 14, 2010, as amended at 76
FR 52889, Aug. 24, 2011; 77 FR 43722, July 26,
2012; 79 FR 64111, Oct. 28, 2014]

§ 665.801
§ 665.801 Permits.
(a) A vessel of the United States
must be registered for use with a valid
permit under the High Seas Fishing
Compliance Act if that vessel is used to
fish on the high seas, as required under
§ 300.15 of this title.
(b) A vessel of the United States
must be registered for use under a valid
Hawaii longline limited access permit
if that vessel is used:
(1) To fish for western Pacific pelagic
MUS using longline gear in the EEZ
around the Hawaiian Archipelago; or
(2) To land or transship, shoreward of
the outer boundary of the EEZ around
the Hawaiian Archipelago, western Pacific pelagic MUS that were harvested
using longline gear.
(c) A vessel of the United States
must be registered for use under a valid
American Samoa longline limited access permit, in accordance with
§ 665.816, if that vessel is used to:
(1) Fish for western Pacific pelagic
MUS using longline gear in the EEZ
around American Samoa;
(2) Land shoreward of the outer
boundary of the EEZ around American
Samoa western Pacific pelagic MUS
that were harvested using longline gear
in the EEZ around American Samoa; or
(3) Transship shoreward of the outer
boundary of the EEZ around American
Samoa western Pacific pelagic MUS
that were harvested using longline gear
in the EEZ around American Samoa or
on the high seas.
(d) A vessel of the United States
must be registered for use under a valid
Western Pacific general longline permit, American Samoa longline limited
access permit, or Hawaii longline limited access permit if that vessel is used
to:
(1) Fish for western Pacific pelagic
MUS using longline gear in the EEZ
around Guam, CNMI, or PRIA (with the
exception of Midway Atoll); or
(2) Land or transship shoreward of
the outer boundary of the EEZ around
Guam, CNMI, or PRIA (with the exception of Midway Atoll), western Pacific
pelagic MUS that were harvested using
longline gear.
(e) A receiving vessel of the United
States must be registered for use with
a valid receiving vessel permit if that
vessel is used to land or transship,

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§ 665.801

50 CFR Ch. VI (10–1–19 Edition)

shoreward of the outer boundary of the
EEZ around American Samoa, Hawaii,
Guam, CNMI, or PRIA, western Pacific
pelagic MUS that were harvested using
longline gear.
(f) A vessel of the United States must
be registered for use with a valid PRIA
pelagic troll and handline fishing permit if that vessel is used to fish for
western Pacific pelagic MUS using pelagic handline or trolling fishing methods in the EEZ around the PRIA (with
the exception of Midway Atoll).
(g) A vessel of the United States
must be registered for use under a
Western Pacific squid jig fishing permit, if that vessel is more than 50 ft
(15.4 m) LOA and is used to squid jig
fish in EEZ waters around American
Samoa, CNMI, Guam, Hawaii, or PRIA.
(h) Any required permit must be
valid and on board the vessel and available for inspection by an authorized
agent, except that, if the permit was
issued (or registered to the vessel) during the fishing trip in question, this requirement applies only after the start
of any subsequent fishing trip.
(i) A permit is valid only for the vessel for which it is registered. A permit
not registered for use with a particular
vessel may not be used.
(j) An application for a permit required under this section will be submitted to PIRO as described in § 665.13.
(k) General requirements governing
application information, issuance, fees,
expiration, replacement, transfer, alteration, display, and sanctions for permits issued under this section, as applicable, are contained in § 665.13.
(l) A Hawaii longline limited access
permit may be transferred as follows:
(1) The owner of a Hawaii longline
limited access permit may apply to
transfer the permit:
(i) To a different person for registration for use with the same or another
vessel; or
(ii) For registration for use with another U.S. vessel under the same ownership.
(2) [Reserved]
(m) A Hawaii longline limited access
permit will not be registered for use
with a vessel that has a LOA greater
than 101 ft (30.8 m).
(n) Only a person eligible to own a
documented vessel under the terms of

46 U.S.C. 12102(a) may be issued or may
hold (by ownership or otherwise) a Hawaii longline limited access permit.
(o) Permit appeals. Except as provided in subpart D of 15 CFR part 904,
any applicant for a permit or any permit owner may appeal to the Regional
Administrator the granting, denial,
conditioning, suspension, or transfer of
a permit or requested permit under
this section. To be considered by the
Regional Administrator, the appeal
must be in writing, must state the action(s) appealed, and the reasons therefore, and must be submitted within 30
days of the action(s) by the Regional
Administrator. The appellant may request an informal hearing on the appeal.
(1) Upon receipt of an appeal authorized by this section, the Regional Administrator may request additional information. Upon receipt of sufficient
information, the Regional Administrator will decide the appeal in accordance with the criteria set out in this
part for qualifying for, or renewing,
limited access permits. In making such
decision, the Administrator will review
relevant portions of the Western Pacific Pelagic FEP, to the extent such
review would clarify the criteria in this
part. Such decision will be based upon
information relative to the application
on file at NMFS and the Council and
any additional information available;
the summary record kept of any hearing and the hearing officer’s recommended decision, if any, as provided
in paragraph (o)(3) of this section; and
such other considerations as deemed
appropriate. The Regional Administrator will notify the appellant of the
decision and the reasons therefore, in
writing, normally within 30 days of the
receipt of sufficient information, unless additional time is needed for a
hearing.
(2) If a hearing is requested, or if the
Regional Administrator determines
that one is appropriate, the Regional
Administrator may grant an informal
hearing before a hearing officer designated for that purpose. Such a hearing normally shall be held no later
than 30 days following receipt of the
appeal, unless the hearing officer extends the time. The appellant and, at
the discretion of the hearing officer,

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other interested persons, may appear
personally and/or be represented by
counsel at the hearing and submit information and present arguments as
determined appropriate by the hearing
officer. Within 30 days of the last day
of the hearing, the hearing officer shall
recommend, in writing, a decision to
the Regional Administrator.
(3) The Regional Administrator may
adopt
the
hearing
officer’s
recommended decision, in whole or in
part, or may reject or modify it. In any
event, the Regional Administrator will
notify the appellant, and interested
persons, if any, of the decision, and the
reason(s) therefore, in writing, within
30 days of receipt of the hearing officer’s recommended decision. The Regional Administrator’s action shall
constitute final Agency action for purposes of the Administrative Procedure
Act.
(4) In the case of a timely appeal
from an American Samoa longline limited access permit initial permit decision, the Regional Administrator will
issue the appellant a temporary American Samoa longline limited access
permit. A temporary permit will expire
20 days after the Regional Administrator’s final decision on the appeal. In no
event will a temporary permit be effective for longer than 60 days.
(5) With the exception of temporary
permits issued under paragraph (o)(4)
of this section, the Regional Administrator, for good cause, may extend any
time limit prescribed in this section
for a period not to exceed 30 days, either upon his/her own motion or upon
written request from the appellant
stating the reason(s) therefore.
§ 665.802 Prohibitions.
In addition to the prohibitions specified in § 600.725 of this chapter, it is unlawful for any person to do any of the
following:
(a) Falsify or fail to make and/or file
all reports of western Pacific pelagic
MUS landings, containing all data and
in the exact manner, as required by applicable state law or regulation, as
specified in § 665.14(a), provided that
the person is required to do so by applicable state law or regulation.
(b) Use a vessel without a valid permit issued under the High Seas Fishing

§ 665.802
Compliance Act to fish for western Pacific pelagic MUS using longline gear,
on the high seas, in violation of
§§ 665.801(a), and 300.15 of this title.
(c) Use a vessel in the EEZ around
the Hawaiian Archipelago without a
valid Hawaii longline limited access
permit registered for use with that vessel, to fish for western Pacific pelagic
MUS using longline gear, in violation
of § 665.801(b)(1).
(d) Use a vessel shoreward of the
outer boundary of the EEZ around the
Hawaiian Archipelago without a valid
Hawaii longline limited access permit
registered for use with that vessel, to
land or transship western Pacific pelagic MUS that were harvested with
longline
gear,
in
violation
of
§ 665.801(b)(2).
(e) Use a vessel in the EEZ around
American Samoa without a valid
American Samoa longline limited access permit registered for use with that
vessel, to fish for western Pacific pelagic MUS using longline gear, in violation of § 665.801(c)(1).
(f) Use a vessel shoreward of the
outer boundary of the EEZ around
American Samoa without a valid
American Samoa longline limited access permit registered for use with that
vessel, to land western Pacific pelagic
MUS that were caught with longline
gear within the EEZ around American
Samoa, in violation of § 665.801(c)(2).
(g) Use a vessel within the EEZ
around American Samoa without a
valid American Samoa longline limited
access permit registered for use with
that vessel, to transship western Pacific pelagic MUS that were caught
with longline gear, in violation of
§ 665.801(c)(3).
(h) Use a vessel in the EEZ around
Guam, CNMI, or PRIA (with the exception of Midway Atoll) without either a
valid Western Pacific general longline
permit, American Samoa longline limited access permit or a Hawaii longline
limited access permit registered for use
with that vessel, to fish for western Pacific pelagic MUS using longline gear,
in violation of § 665.801(d)(1).
(i) Use a vessel shoreward of the
outer boundary of the EEZ around
Guam, CNMI, or PRIA (with the exception of Midway Atoll) without either a
valid Western Pacific general longline

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§ 665.802

50 CFR Ch. VI (10–1–19 Edition)

permit, American Samoa longline limited access permit or a Hawaii longline
limited access permit registered for use
with that vessel, to land or transship
western Pacific pelagic MUS that were
harvested using longline gear, in violation of § 665.801(d)(2).
(j) Use a vessel shoreward of the
outer boundary of the EEZ around
American Samoa, CNMI, Guam, Hawaii, or PRIA, to land or transship
western Pacific pelagic MUS caught by
other vessels using longline gear, without a valid receiving vessel permit registered for use with that vessel, in violation of § 665.801(e).
(k) Use a vessel in the EEZ around
the PRIA employing handline or trolling methods to fish for western Pacific
pelagic MUS without a valid PRIA pelagic troll and handline fishing permit
registered for use for that vessel, in
violation of § 665.801(f).
(l) Fish in the fishery after failing to
comply with the notification requirements in § 665.803.
(m) Fail to comply with notification
requirements set forth in § 665.803 or in
any EFP issued under § 665.17.
(n) Fail to comply with a term or
condition governing longline gear configuration in § 665.813(k) if using a vessel longer than 40 ft (12.2 m) registered
for use with any valid longline permit
issued pursuant to § 665.801 to fish for
western Pacific pelagic MUS using
longline gear south of the Equator (0°
lat.).
(o) Use a fishing vessel to retain on
board, transship, or land pelagic MUS
captured by longline gear in the
WCPFC Convention Area, as defined in
§ 300.211 of this title, in violation of any
restriction announced in accordance
with § 665.819(d)(2).
(p)–(u) [Reserved]
(v) Use longline gear to fish within a
longline fishing prohibited area in violation of § 665.806, except as allowed
pursuant to an exemption issued under
§§ 665.17 or 665.807.
(w) Fish for western Pacific pelagic
MUS with longline gear within the protected species zone, in violation of
§ 665.806(b).
(x) Fail to comply with a term or
condition governing the observer program established in § 665.808, if using a
vessel registered for use with a Hawaii

longline limited access permit, or a
vessel registered for use with a size
Class B, C or D American Samoa
longline limited access permit, to fish
for western Pacific pelagic MUS using
longline gear.
(y) Fail to comply with other terms
and conditions that the Regional Administrator imposes by written notice
to either the permit holder or the designated agent of the permit holder to
facilitate the details of observer placement.
(z) Fail to fish in accordance with the
seabird take mitigation techniques set
forth at §§ 665.815(a)(1) or 665.815(a)(2)
when operating a vessel registered for
use under a Hawaii longline limited access permit.
(aa)–(bb) [Reserved]
(cc) Own or operate a vessel registered for use under any longline permit issued under § 665.801 while engaged
in longline fishing for western Pacific
pelagic MUS and fail to be certified for
completion of a NMFS protected species
workshop,
in
violation
of
§ 665.814(a).
(dd) Own or operate a vessel registered for use under any longline permit issued under § 665.801 while engaged
in longline fishing for western Pacific
pelagic MUS without having on board a
valid protected species workshop certificate issued by NMFS or a legible
copy thereof, in violation of § 665.814(d).
(ee) Possess light sticks on board a
vessel registered for use under a Hawaii
longline limited access permit at any
time during a trip for which notification to NMFS under § 665.803(a) indicated that deep-setting would be done,
in violation of § 665.813(d).
(ff) Fail to carry, or fail to use, a line
clipper, dip net, or dehooker on a vessel
registered for use under any longline
permit issued under § 665.801, in violation of § 665.812.
(gg)–(hh) [Reserved]
(ii) When operating a vessel registered for use under any longline limited access permit issued under
§ 665.801, fail to comply with the sea
turtle handling, resuscitation, and release requirements, in violation of
§ 665.812(b).
(jj) Engage in shallow-setting from a
vessel registered for use under any
longline permit issued under § 665.801

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Fishery Conservation and Management
north of the Equator (0° lat.) with
hooks other than circle hooks sized 18/
0 or larger with an offset not to exceed
10 degrees, in violation of § 665.813(f).
(kk) Engage in shallow-setting from
a vessel registered for use under any
longline permit issued under § 665.801
north of the Equator (0° lat.) with bait
other than mackerel-type bait, in violation of § 665.813(g).
(ll) [Reserved]
(mm) Fail to use a line setting machine or line shooter, with weighted
branch lines, to set the main longline
when operating a vessel that is registered for use under a Hawaii longline
limited access permit and equipped
with monofilament main longline,
when making deep sets north of 23° N.
lat., in violation of § 665.815(a)(1) or
(a)(2).
(nn) Fail to employ basket-style
longline gear such that the mainline is
deployed slack when operating a vessel
registered for use under a Hawaii
longline limited access north of 23° N.
lat., in violation of § 665.815(a)(2)(v).
(oo) Fail to maintain and use blue
dye to prepare thawed bait when operating a vessel registered for use under
a Hawaii longline limited access permit that is fishing north of 23° N. lat.,
in violation of § 665.815(a)(2)(vi) through
(viii).
(pp) Fail to retain, handle, and discharge fish, fish parts, and spent bait,
strategically when operating a vessel
registered for use under a Hawaii
longline limited access permit that is
fishing north of 23° N. lat., in violation
of § 665.815(a)(2)(i) through (iv).
(qq) Fail to be begin the deployment
of longline gear at least 1 hour after
local sunset or fail to complete the setting process before local sunrise from a
vessel registered for use under a Hawaii
longline limited access permit while
shallow-setting north of 23° N. lat., in
violation of § 665.815(a)(4).
(rr) Fail to handle short-tailed
albatrosses that are caught by pelagic
longline gear in a manner that maximizes the probability of their longterm
survival,
in
violation
of
§ 665.815(b).
(ss) Engage in shallow-setting from a
vessel registered for use under a Hawaii
longline limited access permit after
the shallow-set longline fishery has

§ 665.803
been closed pursuant to § 665.813(b), in
violation of § 665.813(i).
(tt) Fail to immediately retrieve
longline fishing gear upon receipt of
actual notice that the shallow-set
longline fishery has been closed pursuant to § 665.813(b), in violation of
§ 665.813(i).
(uu)–(vv) [Reserved]
(ww) Fail to handle seabirds other
than short-tailed albatrosses that are
caught by pelagic longline gear in a
manner that maximizes the probability
of their long-term survival, in violation of § 665.815(c).
(xx) Use a large vessel to fish for
western Pacific Pelagic MUS within an
American Samoa large vessel prohibited area in violation of § 665.806, except
as allowed pursuant to an exemption
issued under §§ 665.17 or 665.818.
(yy) Fish for western Pacific pelagic
MUS using gear prohibited under
§ 665.810 or not permitted by an EFP
issued under § 665.17.
(zz) Use a vessel that is greater than
50 ft (15.4 m) LOA to squid jig fish in
EEZ waters around American Samoa,
CNMI, Guam, Hawaii, or PRIA, without
a Western Pacific squid jig fishing permit registered for use with that vessel,
in violation of § 665.801(g).
[75 FR 2205, Jan. 14, 2010, as amended at 76
FR 37288, June 27, 2011; 76 FR 52889, Aug. 24,
2011; 77 FR 60649, Oct. 4, 2012; 79 FR 64111,
Oct. 28, 2014]

§ 665.803

Notifications.

(a) The permit holder, or designated
agent, for any vessel registered for use
under a Hawaii longline limited access
permit, or for any vessel greater than
40 ft (12.2 m) LOA that is registered for
use under an American Samoa longline
limited access permit, shall provide a
notice to the Regional Administrator
at least 72 hours (not including weekends and Federal holidays) before the
vessel leaves port on a fishing trip, any
part of which occurs in the EEZ around
the Hawaiian Archipelago or American
Samoa. The vessel operator will be presumed to be an agent designated by the
permit holder unless the Regional Administrator is otherwise notified by
the permit holder. The permit holder
or designated agent for a vessel registered for use under Hawaii longline

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§ 665.804

50 CFR Ch. VI (10–1–19 Edition)

limited access permits must also provide notification of the trip type (either deep-setting or shallow-setting).
(b) The permit holder, or designated
agent, for any vessel registered for use
under a Western Pacific squid jig fishing permit that is greater than 50 ft
(15.4 m) LOA, shall provide a notice to
the Regional Administrator at least 72
hours (not including weekends and
Federal holidays) before the vessel
leaves port on a fishing trip, any part
of which occurs in western Pacific EEZ
waters. The vessel operator will be presumed to be an agent designated by the
permit holder unless the Regional Administrator is otherwise notified by
the permit holder.
(c) For purposes of this section, the
notice must be provided to the office or
telephone number designated by the
Regional Administrator. The notice
must provide the official number of the
vessel, the name of the vessel, the intended departure date, time, and location, the name of the operator of the
vessel, and the name and telephone
number of the permit holder or designated agent to be available between 8
a.m. and 5 p.m. (local time) on weekdays for NMFS to contact to arrange
observer placement.
(d) The operator of any vessel subject
to the requirements of this subpart
who does not have on board a VMS unit
while transiting the protected species
zone as defined in § 665.806, must notify
the NMFS Special-Agent-In-Charge immediately upon entering and immediately upon departing the protected
species zone. The notification must include the name of the vessel, name of
the operator, date and time (GMT) of
access or exit from the protected species zone, and location by latitude and
longitude to the nearest minute.
(e) The permit holder for any American Samoa longline limited access
permit, or an agent designated by the
permit holder, must notify the Regional Administrator in writing within
30 days of any change to the permit
holder’s contact information or any
change to the vessel documentation associated with a permit registered to an
American Samoa longline limited access permit. Complete changes in the
ownership of the vessel registered to an
American Samoa longline limited ac-

cess permit must also be reported to
PIRO in writing within 30 days of the
change. Failure to report such changes
may result in a delay in processing an
application, permit holders failing to
receive important notifications, or
sanctions pursuant to the MagnusonStevens Act at 16 U.S.C. 1858(g) or 15
CFR part 904, subpart D.
§ 665.804

Gear identification.

(a) Identification. The operator of
each permitted vessel in the fishery
management area must ensure that the
official number of the vessel be affixed
to every longline buoy and float, including each buoy and float that is attached to a radar reflector, radio antenna, or flag marker, whether attached to a deployed longline or possessed on board the vessel. Markings
must be legible and permanent, and
must be of a color that contrasts with
the background material.
(b) Enforcement action. Longline gear
not marked in compliance with paragraph (a) of this section and found deployed in the EEZ will be considered
unclaimed or abandoned property, and
may be disposed of in any manner considered appropriate by NMFS or an authorized officer.
§ 665.805

[Reserved]

§ 665.806

Prohibited area management.

(a) Longline fishing prohibited areas.
Longline fishing is prohibited in the
longline fishing prohibited areas as defined in paragraphs (a)(1) through (a)(4)
of this section.
(1) NWHI protected species zone. The
NWHI protected species zone is the portion of the EEZ within 50 nm of the
center geographical positions of certain islands and reefs in the NWHI, as
follows:
Name

N. lat.

Nihoa Island ......................................
Necker Island ....................................
French Frigate Shoals .......................
Gardner Pinnacles .............................
Maro Reef ..........................................
Laysan Island ....................................
Lisianski Island ..................................
Pearl and Hermes Reef ....................
Midway Island ....................................
Kure Island ........................................

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23°05′
23°35′
23°45′
25°00′
25°25′
25°45′
26°00′
27°50′
28°14′
28°25′

W. long.
161°55′
164°40′
166°15′
168°00′
170°35′
171°45′
173°55′
175°50′
177°22′
178°20′

Fishery Conservation and Management
Name

N. lat.

W. long.

Where the areas are not contiguous, parallel lines drawn
tangent to and connecting those semicircles of the 50-nm
areas that lie between Nihoa Island and Necker Island,
French Frigate Shoals and Gardner Pinnacles, Gardner
Pinnacles and Maro Reef, and Lisianski Island and Pearl
and Hermes Reef, delimit the remainder of the NWHI
longline protected species zone.

(2) Main Hawaiian Islands (MHI). The
MHI longline fishing prohibited area is
the portion of the EEZ around Hawaii
bounded by straight lines connecting
the following coordinated in the order
listed:
Point

N. lat.

A ....................................................
B ....................................................
C ....................................................
D ....................................................
E ....................................................
F ....................................................
G ....................................................
H ....................................................
I ......................................................
J .....................................................
K ....................................................
A ....................................................

W. long.

18°05′
18°20′
20°00′
20°40′
21°40′
23°00′
23°05′
22°55′
21°30′
19°50′
19°00′
18°05′

155°40′
156°25′
157°30′
161°40′
161°55′
161°30′
159°30′
157°30′
155°30′
153°50′
154°05′
155°40′

(3) Guam. The Guam longline fishing
prohibited area is the portion of the
EEZ around Guam bounded by straight
lines connecting the following coordinates in the order listed:
Point

N. lat.

A ........................................
B ........................................
C ........................................
D ........................................
E ........................................
F ........................................
G ........................................
H ........................................
I ..........................................

14°25′
14°00′
13°41′
13°00′
12°20′
11°40′
12°00′
13°00′
13°27′

E. long.
144°00′
143°38′
143°33′33‘‘
143°25′30‘‘
143°37′
144°09′
145°00′
145°42′
145°51′

(4) CNMI. The CNMI longline fishing
prohibited area is the portion of the
EEZ around the CNMI bounded by
straight lines connecting the following
coordinates in the order listed:

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Point

N. lat.

A ........................................
B ........................................
C ........................................
D ........................................
E ........................................
F ........................................
G ........................................
H ........................................
I ..........................................
J .........................................
A ........................................

E. long.

14°00′
15°49′
16°21′
17°03′
19°07′
20°39′
21°04′
19°19′
16°00′
13°32′
14°00′

144°34′
145°29′
145°06′
145°22′
145°09′
144°19′
145°06′
146°04′
146°32′
145°32′
144°34′

§ 665.807
(b) American Samoa large vessel prohibited areas. A large vessel of the United
States may not be used to fish for
western Pacific pelagic MUS in the
American Samoa large vessel prohibited areas as defined in paragraphs
(b)(1) and (b)(2) of this section, except
as allowed pursuant to an exemption
issued under § 665.818.
(1) Tutuila Island, Manua Islands, and
Rose Atoll (AS–1). The large vessel prohibited area around Tutuila Island, the
Manua Islands, and Rose Atoll consists
of the waters of the EEZ around American Samoa enclosed by straight lines
connecting the following coordinates:
Point

S. lat.

AS–1–A ..................
AS–1–B ..................
AS–1–C .................
AS–1–D .................

W. long.

13°41′54″
15°23′10″
15°23′10″
15°13′

167°17′
167°17′
169°00′42″
169°00′42″

and from point AS–1–A westward along latitude 13°41′54″ S.
until intersecting the U.S. EEZ boundary with Samoa, and
from point AS–1–D westward along latitude 15°13′ S. until
intersecting the U.S. EEZ boundary with Samoa.

(2) Swains Island (AS–2). The Swains
Island large vessel prohibited area is
the portion of the EEZ around American Samoa enclosed by straight lines
connecting the following coordinates:
Point
AS–2–A .............................
AS–2–B .............................

S. lat.
11°48′
11°48′

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171°50′
170°20′

and from Point AS–2–A northward along the longitude
171°50′ W. until intersecting the U.S. EEZ boundary with
Tokelau, and from Point AS–2–B northward along the longitude 170°20′ W. until intersecting the U.S. EEZ boundary
with Tokelau.

[76 FR 37289, June 27, 2011, as amended at 77
FR 34261, June 11, 2012; 77 FR 71286, Nov. 29,
2012]

§ 665.807 Exemptions
for
Hawaii
longline fishing prohibited areas;
procedures.
(a) An exemption permitting a person
to use longline gear to fish in a portion(s) of the Hawaii longline fishing
prohibited area will be issued to a person who can document that he or she:
(1) Currently owns a Hawaii longline
limited access permit issued under this
part and registered for use with his or
her vessel;
(2) Before 1970, was the owner or operator of a vessel when that vessel
landed western Pacific pelagic MUS

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§ 665.808

50 CFR Ch. VI (10–1–19 Edition)

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

under this section should continue to
be allowed, and, if appropriate, revise
the qualifying criteria in paragraph (a)
of this section to permit additional exemptions.
(1) If additional exemptions are needed, the Council will advise the Regional Administrator in writing of its
recommendation, including criteria by
which financial hardships will be mitigated, while retaining the effectiveness
of the longline fishing prohibited area.
(2) Following a review of the Council’s recommendation and supporting
rationale, the Regional Administrator
may:
(i) Reject the Council’s recommendation, in which case written reasons will
be provided by the Regional Administrator to the Council for the rejection;
or
(ii) Concur with the Council’s recommendation and, after finding that it
is consistent with the goals and objectives of the Pelagics FEP, the national
standards, and other applicable law,
initiate rulemaking to implement the
Council’s recommendations.
§ 665.808 Conditions
server coverage.

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(a) NMFS shall advise the permit
holder or the designated agent of any
observer requirement at least 24 hours
(not including weekends and Federal
holidays) before any trip for which
NMFS received timely notice in compliance with these regulations.
(b) The ‘‘Notice Prior to Fishing
Trip’’ requirements in this subpart
commit the permit holder to the representations in the notice. The notice
can be modified by the permit holder or
designated agent because of changed
circumstance, if the Regional Administrator is promptly provided a modification to the notice that complies with
the notice requirements. The notice
will also be considered modified if the
Regional Administrator and the permit
holder or designated agent agrees to
placement changes.
(c) When NMFS notifies the permit
holder or designated agent of the obligation to carry an observer in response
to a notification under this subpart, or
as a condition of an EFP issued under
§ 665.17, the vessel may not engage in

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Fishery Conservation and Management
the fishery without taking the observer.
(d) A NMFS observer shall arrive at
the observer’s assigned vessel 30 minutes before the time designated for departure in the notice or the notice as
modified, and will wait 1 hour for departure.
(e) A permit holder must accommodate a NMFS observer assigned under
these regulations. The Regional Administrator’s office, and not the observer, will address any concerns raised
over accommodations.
(f) The permit holder, vessel operator, and crew must cooperate with the
observer in the performance of the observer’s duties, including:
(1) Allowing for the embarking and
debarking of the observer.
(2) Allowing the observer access to
all areas of the vessel necessary to conduct observer duties.
(3) Allowing the observer access to
communications equipment and navigation equipment as necessary to perform observer duties.
(4) Allowing the observer access to
VMS units to verify operation, obtain
data, and use the communication capabilities of the units for official purposes.
(5) Providing accurate vessel locations by latitude and longitude or
loran coordinates, upon request by the
observer.
(6) Providing sea turtle, marine
mammal, or seabird specimens as requested.
(7) Notifying the observer in a timely
fashion when commercial fishing operations are to begin and end.
(g) The permit holder, operator, and
crew must comply with other terms
and conditions to ensure the effective
deployment and use of observers that
the Regional Administrator imposes by
written notice.
(h) The permit holder must ensure
that assigned observers are provided
living quarters comparable to crew
members and are provided the same
meals, snacks, and amenities as are
normally provided to other vessel personnel. A mattress or futon on the
floor or a cot is not acceptable if a regular bunk is provided to any crew
member, unless other arrangements

§ 665.808
are approved in advance by the Regional Administrator.
(i) Reimbursement requirements are
as follows:
(1) Upon observer verification of vessel accommodations and the number of
assigned days on board, NMFS will reimburse vessel owners a reasonable
amount for observer subsistence as determined by the Regional Administrator.
(2) If requested and properly documented, NMFS will reimburse the vessel owner for the following:
(i) Communications charges incurred
by the observer.
(ii) Lost fishing time arising from a
seriously injured or seriously ill observer, provided that notification of
the nature of the emergency is transmitted to the Observer Program,
NMFS (see address for PIRO Regional
Administrator) at the earliest practical time. NMFS will reimburse the
owner only for those days during which
the vessel is unable to fish as a direct
result of helping the NMFS employee
who is seriously injured or seriously
ill. Lost fishing time is based on time
traveling to and from the fishing
grounds and any documented out-ofpocket expenses for medical services.
Payment will be based on the current
target fish market prices and that vessel’s average target fish catch retained
per day at sea for the previous 2 years,
but shall not exceed $5,000 per day or
$20,000 per claim. Detailed billing with
receipts and supporting records are required for allowable communication
and lost fishing time claims. The claim
must be completed in ink, showing the
claimant’s printed name, address, vessel name, observer name, trip dates,
days observer was on board, an explanation of the charges, and claimant’s
dated signature with a statement
verifying the claim to be true and correct. Requested reimbursement claims
must be submitted to the Fisheries Observer Branch, Pacific Islands Region,
NMFS. NMFS will not process reimbursement invoices and documentation
submitted more than 120 days after the
occurrence.
(j) If a vessel normally has cabins for
crew members, female observers on a
vessel with an all-male crew must be

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§ 665.809

50 CFR Ch. VI (10–1–19 Edition)

accommodated either in a single person cabin or, if NMFS concludes that
adequate privacy can be ensured by installing a curtain or other temporary
divider, in a two-person shared cabin. If
the vessel normally does not have cabins for crew members, alternative accommodations must be approved by
NMFS. If a cabin assigned to a female
observer does not have its own toilet
and shower facilities that can be provided for the exclusive use of the observer, or if no cabin is assigned, then
arrangements for sharing common facilities must be established and approved in advance by NMFS.
§ 665.809 Port
privileges
and
transiting for unpermitted U.S.
longline vessels.
A U.S. longline fishing vessel that
does not have a permit under subpart A
of this part may enter waters of the
fishery management area with western
Pacific pelagic MUS on board, but may
not land or transship any western Pacific pelagic MUS on board the vessel.
The vessel’s longline gear must be
stowed or secured so it is rendered unusable during the time the vessel is in
those waters.
§ 665.810 Prohibition
of
drift
gillnetting.
Fishing with drift gillnets in the fishery management area is prohibited, except where authorized by an EFP
issued under § 665.17.

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§ 665.811

[Reserved]

§ 665.812 Sea turtle take mitigation
measures.
(a) Possession and use of required
mitigation gear. The gear required in
paragraph (a) of this section must be
used according to the sea turtle handling requirements set forth in paragraph (b) of this section.
(1) Hawaii longline limited access
permits. Any owner or operator of a
vessel registered for use under a Hawaii
longline limited access permit must
carry aboard the vessel line clippers
meeting the minimum design standards
specified in paragraph (a)(5) of this section, dip nets meeting the minimum
design standards specified in paragraph
(a)(6) of this section, and dehookers
meeting the minimum design and per-

formance standards specified in paragraph (a)(7) of this section.
(2) Other longline vessels with
freeboards of more than 3 ft (0.91m).
Any owner or operator of a longline
vessel with a permit issued under
§ 665.801 other than a Hawaii limited access longline permit and that has a
freeboard of more than 3 ft (0.91 m)
must carry aboard the vessel line clippers meeting the minimum design
standards specified in paragraph (a)(5)
of this section, dip nets meeting the
minimum design standards specified in
paragraph (a)(6) of this section, and
dehookers meeting this minimum design and performance standards specified in paragraph (a)(7) of this section.
(3) Other longline vessels with
freeboards of 3 ft (0.91 m) or less. Any
owner or operator of a longline vessel
with a permit issued under § 665.801
other than a Hawaii limited access
longline permit and that has a
freeboard of 3 ft (0.91 m) or less must
carry aboard their vessels line clippers
capable of cutting the vessels fishing
line or leader within approximately 1 ft
(0.3 m) of the eye of an embedded hook,
as well as wire or bolt cutters capable
of cutting through the vessel’s hooks.
(4) Handline, troll, pole-and-line, and
other vessels using hooks other than
longline vessels. Any owner or operator
of a vessel fishing under the Pelagics
FEP with hooks other than longline
gear are not required to carry specific
mitigation gear, but must comply with
the handling requirements set forth in
paragraph (b) of this section.
(5) Line clippers. Line clippers are intended to cut fishing line as close as
possible to hooked or entangled sea
turtles. NMFS has established minimum design standards for line clippers. The Arceneaux line clipper (ALC)
is a model line clipper that meets these
minimum design standards and may be
fabricated from readily available and
low-cost materials (see Figure 3 to this
part). The minimum design standards
are as follows:
(i) A protected cutting blade. The
cutting blade must be curved, recessed,
contained in a holder, or otherwise afforded some protection to minimize direct contact of the cutting surface with
sea turtles or users of the cutting
blade.

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Fishery Conservation and Management
(ii) Cutting blade edge. The blade
must be capable of cutting 2.0-2.1 mm
monofilament line and nylon or polypropylene multistrand material commonly known as braided mainline or
tarred mainline.
(iii) An extended reach holder for the
cutting blade. The line clipper must
have an extended reach handle or pole
of at least 6 ft (1.82 m).
(iv) Secure fastener. The cutting
blade must be securely fastened to the
extended reach handle or pole to ensure
effective deployment and use.
(6) Dip nets. Dip nets are intended to
facilitate safe handling of sea turtles
and access to sea turtles for purposes
of cutting lines in a manner that minimizes injury and trauma to sea turtles.
The minimum design standards for dip
nets that meet the requirements of this
section nets are:
(i) An extended reach handle. The dip
net must have an extended reach handle of at least 6 ft (1.82 m) of wood or
other rigid material able to support a
minimum of 100 lb (34.1 kg) without
breaking or significant bending or distortion.
(ii) Size of dip net. The dip net must
have a net hoop of at least 31 inches
(78.74 cm) inside diameter and a bag
depth of at least 38 inches (96.52 cm).
The bag mesh openings may be no more
than 3 inches by 3 inches (7.62 cm by
7.62 cm).
(7)
Dehookers.
(i)
Long-handled
dehooker for ingested hooks. This item
is intended to be used to remove ingested hooks from sea turtles that cannot be boated, and to engage a loose
hook when a turtle is entangled but
not hooked and line is being removed.
One long-handled dehooker for ingested
hooks is required on board. The minimum design and performance standards are as follows:
(A) Hook removal device. The hook removal device must be constructed of 5⁄16
inch (7.94 mm) 316L stainless steel and
have a dehooking end no larger than
17⁄8 inches (4.76 cm) outside diameter.
The device must be capable of securely
engaging and controlling the leader
while shielding the barb of the hook to
prevent the hook from re-engaging during removal. It must not have any unprotected terminal points (including
blunt ones), as these could cause injury

§ 665.812
to the esophagus during hook removal.
The device must be of a size capable of
securing the range of hook sizes and
styles used by the vessel.
(B) Extended reach handle. The hook
removal device must be securely fastened to an extended reach handle or
pole with a length equal to or greater
than 150 percent of the vessel’s
freeboard or 6 ft (1.83 m), whichever is
greater. It is recommended that the
handle be designed so that it breaks
down into sections. The handle must be
sturdy and strong enough to facilitate
the secure attachment of the hook removal device.
(ii) Long-handled dehooker for external hooks. This item is intended to be
used to remove externally-hooked
hooks from sea turtles that cannot be
boated. The long-handled dehooker for
ingested hooks described in paragraph
(a)(7)(i) of this section meets this requirement. The minimum design and
performance standards are as follows:
(A) Construction. The device must be
constructed of 5⁄16 inch (7.94 mm) 316 L
stainless steel rod. A 5 inch (12.70 cm)
tube T-handle of 1 inch (2.54 cm) outside diameter is recommended, but not
required. The dehooking end must be
blunt with all edges rounded. The device must be of a size capable of securing the range of hook sizes and styles
used by the vessel.
(B) Handle. The handle must have a
length equal to or greater than the vessel’s freeboard or 3 ft (0.91 m), whichever is greater.
(iii) Long-handled device to pull an
‘‘inverted V.’’ This item is intended to
be used to pull an ‘‘inverted V’’ in the
fishing line when disentangling and
dehooking entangled sea turtles. One
long-handled device to pull an ‘‘inverted V’’ is required on the vessel. The
minimum design and performance
standards are as follows:
(A) Hook end. It must have a hookshaped end, like that of a standard
boat hook or gaff, which must be constructed of stainless steel or aluminum.
(B) Handle. The handle must have a
length equal to or greater than 150 percent of the vessel’s freeboard or 6 ft
(1.83 m), whichever is greater. The handle must be sturdy and strong enough
to allow the hook end to be effectively

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§ 665.812

50 CFR Ch. VI (10–1–19 Edition)

used to engage and pull an ‘‘inverted
V’’ in the line.
(C) The long-handled dehookers described in paragraphs (a)(7)(i) and (ii)
of this section meet this requirement.
(iv) Short-handled dehooker for ingested hooks. This item is intended to
be used to remove ingested hooks, externally hooked hooks, and hooks in
the front of the mouth of sea turtles
that can be boated. One short-handled
dehooker for ingested hooks is required
on board. The minimum design and
performance standards are as follows:
(A) Hook removal device. The hook removal device must be constructed of 1⁄4
inch (6.35 mm) 316 L stainless steel, and
the design of the dehooking end must
be such to allow the hook to be secured
and the barb shielded without re-engaging during the hook removal process. The dehooking end must be no
larger than 1-5/16 inch (3.33 cm) outside
diameter. It must not have any unprotected terminal points (including blunt
ones), as this could cause injury to the
esophagus during hook removal. The
dehooking end must be of a size appropriate to secure the range of hook sizes
and styles used by the vessel.
(B) Sliding plastic bite block. The
dehooker must have a sliding plastic
bite block, which is intended to be used
to protect the sea turtle’s beak and facilitate hook removal if the turtle
bites down on the dehooker. The bite
block must be constructed of a 3⁄4 inch
(1.91 cm) inside diameter high impact
plastic cylinder (for example, Schedule
80 PVC) that is 10 inches (25.40 cm)
long. The dehooker and bite block
must be configured to allow for 5
inches (12.70 cm) of slide of the bite
block along the shaft of the dehooker.
(C) Shaft and handle. The shaft must
be 16 to 24 inches (40.64 to 60.69 cm) in
length, and must have a T-handle 4 to
6 inches (10.16 to 15.24 cm) in length and
3⁄4 to 11⁄4 inches (1.90 to 3.18 cm) in diameter.
(v) Short-handled dehooker for external hooks. This item is intended to be
used to remove externally hooked
hooks from sea turtles that can be
boated. One short-handled dehooker for
external hooks is required on board.
The short-handled dehooker for ingested hooks required to comply with
paragraph (a)(7)(v) of this section

meets this requirement. The minimum
design and performance standards are
as follows:
(A) Hook removal device. The hook removal device must be constructed of 5⁄16
inch (7.94 cm) 316 L stainless steel, and
the design must be such that a hook
can be rotated out without pulling it
out at an angle. The dehooking end
must be blunt, and all edges rounded.
The device must be of a size appropriate to secure the range of hook sizes
and styles used by the vessel.
(B) Shaft and handle. The shaft must
be 16 to 24 inches (40.64 to 60.69 cm) in
length, and must have a T-handle 4 to
6 inches (10.16 to 15.24 cm) in length and
3⁄4 to 11⁄4 inches (1.90 to 3.18 cm) in diameter.
(8) Tire. This item is intended to be
used for supporting a turtle in an upright orientation while it is on board.
One tire is required on board, but an
assortment of sizes is recommended to
accommodate a range of turtle sizes.
The tire must be a standard passenger
vehicle tire and must be free of exposed
steel belts.
(9) Long-nose or needle-nose pliers.
This item is intended to be used to remove deeply embedded hooks from the
turtle’s flesh that must be twisted in
order to be removed, and also to hold
in place PVC splice couplings when
used as mouth openers. One pair of
long-nose or needle-nose pliers is required on board. The minimum design
standards are as follows: The pliers
must be 8 to 14 inches (20.32 to 35.56 cm)
in length. It is recommended that they
be constructed of stainless steel material.
(10) Wire or bolt cutters. This item is
intended to be used to cut through
hooks in order to remove all or part of
the hook. One pair of wire or bolt cutters is required on board. The minimum design and performance standards are as follows: The wire or bolt
cutters must be capable of cutting hard
metals, such as stainless or carbon
steel hooks, and they must be capable
of cutting through the hooks used by
the vessel.
(11) Monofilament line cutters. This
item is intended to be used to cut and
remove fishing line as close to the eye
of the hook as possible if the hook is
swallowed or cannot be removed. One

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Fishery Conservation and Management
pair of monofilament line cutters is required on board. The minimum design
standards are as follows: Monofilament
line cutters must be 6 to 9 inches (15.24
to 22.86 cm) in length. The blades must
be 13⁄4 (4.45 cm) in length and 5⁄8 inches
(1.59 cm) wide when closed.
(12) Mouth openers and gags. These
items are intended to be used to open
the mouths of boated sea turtles, and
to keep them open when removing ingested hooks in a way that allows the
hook or line to be removed without
causing further injury to the turtle. At
least two of the seven different types of
mouth openers and gags described
below are required on board. The seven
types and their minimum design standards are as follows.
(i) A block of hard wood. A block of
hard wood is intended to be used to gag
open a turtle’s mouth by placing it in
the corner of the jaw. It must be made
of hard wood of a type that does not
splinter (for example, maple), and it
must have rounded and smoothed
edges. The dimensions must be 10 to 12
inches (24.50 to 30.48 cm) by 3⁄4 to 11⁄4
inches (1.90 to 3.18 cm) by 3⁄4 to 11⁄4
inches (1.90 to 3.18 cm).
(ii) A set of three canine mouth gags.
A canine mouth gag is intended to be
used to gag open a turtle’s mouth while
allowing hands-free operation after it
is in place. A set of canine mouth gags
must include one of each of the following sizes: small (5 inches, 12.7 cm),
medium (6 inches, 15.2 cm), and large (7
inches, 17.8 cm). They must be constructed of stainless steel. A 13⁄4 inch
(4.45 cm) long piece of vinyl tubing (3⁄4
inch, 1.91 cm) outside diameter and 5⁄8
inch (1.59 cm) inside diameter) must be
placed over the ends of the gags to protect the turtle’s beak.
(iii) A set of two sturdy canine chew
bones. A canine chew bone is intended
to be used to gag open a turtle’s mouth
by placing it in the corner of the jaw.
They must be constructed of durable
nylon, zylene resin, or thermoplastic
polymer, and strong enough to withstand biting without splintering. To
accommodate a variety of turtle beak
sizes, a set must include one large (51⁄2
to 8 inches (13.97 to 20.32 cm) in length)
and one small (31⁄2 to 41⁄2 inches (8.89 to
11.43 cm) in length) canine chew bones.

§ 665.812
(iv) A set of two rope loops covered
with hose. A set of two rope loops covered with a piece of hose is intended to
be used as a mouth opener and to keep
a turtle’s mouth open during hook and/
or line removal. A set consists of two 3foot (0.91 m) lengths of poly braid rope,
each covered with an 8 inch (20.32 cm)
section of 1⁄2 inch (1.27 cm) or 3⁄4 inch
(1.91 cm) light-duty garden hose, and
each tied into a loop.
(v) A hank of rope. A hank of rope is
intended to be used to gag open a sea
turtle’s mouth by placing it in the corner of the jaw. A hank of rope is made
from a 6 foot (1.83 m) lanyard of braided nylon rope that is folded to create a
hank, or looped bundle, of rope. The
hank must be 2 to 4 inches (5.08 to 10.16
cm) in thickness.
(vi) A set of four PVC splice couplings. PVC splice couplings are intended to be used to allow access to the
back of the mouth of a turtle for hook
and line removal by positioning them
inside a turtle’s mouth and holding
them in place with long-nose or needlenose pliers. The set must consist of the
following Schedule 40 PVC splice coupling sizes: 1 inch (2.54 cm), 11⁄4 inches
(3.18 cm), 11⁄2 inches (3.81 cm), and 2
inches (5.08 cm).
(vii) A large avian oral speculum. A
large avian oral speculum is intended
to be used to hold a turtle’s mouth
open and control the head with one
hand while removing a hook with the
other hand. It must be 9 inches (22.86
cm) in length and constructed of 3⁄16
inch (4.76 mm) wire diameter surgical
stainless steel (Type 304). It must be
covered with 8 inches (20.32 cm) of clear
vinyl tubing 5⁄16 inch (7.94 mm) outside
diameter, 3⁄16 inch (4.76 mm) inside diameter.
(b) Handling requirements. If a sea
turtle is observed to be hooked or entangled in fishing gear from any vessel
fishing under the Pelagics FEP, vessel
owners and operators must use the required mitigation gear set forth in
paragraph (a) of this section to comply
with these handling requirements. Any
hooked or entangled sea turtle must be
handled in a manner to minimize injury and promote survival.
(1) Sea turtles that cannot be
brought aboard. In instances where a
sea turtle is too large to be brought

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§ 665.813

50 CFR Ch. VI (10–1–19 Edition)

aboard or the sea turtle cannot be
brought aboard without causing further injury to the sea turtle, the vessel
owner or operator must disentangle
and remove the gear, or cut the line as
close as possible to the hook or entanglement, to remove the maximum
amount of the gear from the sea turtle.
(2) Sea turtles that can be brought
aboard. In instances where a sea turtle
is not too large to be brought aboard,
or the sea turtle can be brought aboard
without causing further injury to the
turtle, the vessel owner or operator
must take the following actions:
(i) Immediately bring the sea turtle
aboard;
(ii) Handle the sea turtle in accordance with the procedures in paragraphs
(b)(3) and (b)(4) of this section; and
(iii) Disentangle and remove the
gear, or cut the line as close as possible
to the hook or entanglement, to remove the maximum amount of the gear
from the sea turtle.
(3) Sea turtle resuscitation. If a sea turtle appears dead or comatose, the following actions must be taken:
(i) Place the sea turtle on its belly
(on the bottom shell or plastron) so
that the sea turtle is right side up and
its hindquarters elevated at least 6
inches (15.24 cm) for a period of no less
than 4 hours and no more than 24
hours. The amount of the elevation
varies with the size of the sea turtle;
greater elevations are needed for larger
sea turtles;
(ii) Administer a reflex test at least
once every 3 hours. The test is to be
performed by gently touching the eye
and pinching the tail of a sea turtle to
determine if the sea turtle is responsive;
(iii) Keep the sea turtle shaded and
damp or moist (but under no circumstances place the sea turtle into a
container holding water). A watersoaked towel placed over the eyes, carapace and flippers is the most effective
method of keeping a sea turtle moist;
and
(iv) Return to the sea any sea turtle
that revives and becomes active in the
manner described in paragraph (b)(4) of
this section. Sea turtles that fail to revive within the 24-hour period must
also be returned to the sea in the man-

ner described in paragraph (b)(4) of this
section.
(4) Sea turtle release. After handling a
sea turtle in accordance with the requirements of paragraphs (b)(2) and
(b)(3) of this section, the sea turtle
must be returned to the ocean after
identification unless NMFS requests
the retention of a dead sea turtle for
research. In releasing a sea turtle the
vessel owner or operator must:
(i) Place the vessel engine in neutral
gear so that the propeller is disengaged
and the vessel is stopped, and release
the sea turtle away from deployed
gear; and
(ii) Observe that the turtle is safely
away from the vessel before engaging
the propeller and continuing operations.
(5) Other sea turtle requirements. No
sea turtle, including a dead turtle, may
be consumed or sold. A sea turtle may
be landed, offloaded, transshipped or
kept below deck only if NMFS requests
the retention of a dead sea turtle for
research.
§ 665.813 Western Pacific longline fishing restrictions.
(a) [Reserved]
(b) Limits on sea turtle interactions. (1)
Maximum annual limits are established on the number of physical interactions that occur each calendar year
between leatherback and North Pacific
loggerhead sea turtles and vessels registered for use under Hawaii longline
limited access permits while shallowset fishing. The annual limit for
leatherback sea turtles (Dermochelys
coriacea) is 26, and the annual limit for
North Pacific loggerhead sea turtles
(Caretta caretta) is 17.
(2) Upon determination by the Regional Administrator that, based on
data from NMFS observers, the fishery
has reached either of the two sea turtle
interaction limits during a given calendar year:
(i) As soon as practicable, the Regional Administrator will file for publication at the Office of the Federal Register a notification that the fishery
reached a sea turtle interaction limit.
The notification will include an advisement that the shallow-set longline
fishery shall be closed, and that shallow-set longline fishing north of the

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Fishery Conservation and Management
Equator by vessels registered for use
under Hawaii longline limited access
permits will be prohibited beginning at
a specified date until the end of the
calendar year in which the sea turtle
interaction limit was reached. Coincidental with the filing of the notification, the Regional Administrator will
also provide actual notice that the
shallow-set longline fishery shall be
closed, and that shallow-set longline
fishing north of the Equator by vessels
registered for use under Hawaii
longline limited access permits will be
prohibited beginning at a specified
date, to all holders of Hawaii longline
limited access permits via telephone,
satellite telephone, radio, electronic
mail, facsimile transmission, or post.
(ii) Beginning on the fishery closure
date indicated by the Regional Administrator in the notification provided to
vessel operators and permit holders
and published in the FEDERAL REGISTER under paragraph (b)(2)(i) of this
section, until the end of the calendar
year in which the sea turtle interaction limit was reached, the Hawaiibased shallow-set longline fishery shall
be closed.
(c) [Reserved]
(d) Vessels registered for use under a
Hawaii longline limited access permit
may not have on board at any time
during a trip for which notification to
NMFS under § 665.803(a) indicated that
deep-setting would be done any float
lines less than 20 meters in length or
light sticks. As used in this paragraph
‘‘float line’’ means a line used to suspend the main longline beneath a float
and ‘‘light stick’’ means any type of
light emitting device, including any
fluorescent ‘‘glow bead,’’ chemical, or
electrically powered light that is affixed underwater to the longline gear.
(e) [Reserved]
(f) Any owner or operator of a vessel
registered for use under any longline
permit issued under § 665.801 must use
only circle hooks sized 18/0 or larger,
with an offset not to exceed 10 degrees,
when shallow-setting north of the
Equator (0° lat.). As used in this paragraph, an offset circle hook sized 18/0 or
larger is one with an outer diameter at
its widest point no smaller than 1.97
inches (50 mm) when measured with
the eye of the hook on the vertical axis

§ 665.813
(y-axis) and perpendicular to the horizontal axis (x-axis). As used in this
paragraph, the allowable offset is
measured from the barbed end of the
hook, and is relative to the parallel
plane of the eyed-end, or shank, of the
hook when laid on its side.
(g) Any owner or operator of a vessel
registered for use under any longline
permit issued under § 665.801 must use
only mackerel-type bait when shallowsetting north of the Equator (0° lat.).
As used in this paragraph, mackereltype bait means a whole fusiform fish
with a predominantly blue, green or
gray back and predominantly gray, silver or white lower sides and belly.
(h) Owners and operators of vessels
registered for use under a Hawaii
longline limited access permit may
make sets only of the type (shallowsetting or deep-setting) indicated in
the notification to NMFS pursuant to
§ 665.803(a).
(i) Vessels registered for use under
Hawaii longline limited access permits
may not be used to engage in shallowsetting north of the Equator (0° lat.)
any time during which the shallow-set
component of the longline fishery is
closed pursuant to paragraph (b)(2)(ii)
of this section.
(j) Swordfish limits. When fishing
north of the Equator (0° lat.), owners
and operators of vessels registered for
use under a Hawaii longline limited access permit, on a trip for which the
permit holder notified NMFS under
§ 665.803(a) that the vessel would deepset, may possess or land no more than
the following number of swordfish for
such trip:
(1) If an observer is on board, there is
no limit.
(2) If there is no observer on board,
and if only circle hooks are used, the
limit is 25.
(3) If there is no observer on board,
and if any type of hook other than a
circle hook is used, the limit is 10.
(k) When fishing south of the Equator (0° lat.) for western Pacific pelagic
MUS, owners and operators of vessels
longer than 40 ft (12.2 m) registered for
use with any valid longline permit
issued pursuant to § 665.801 must use
longline gear that is configured according to the requirements in paragraphs
(k)(1) through (k)(5) of this section.

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§ 665.814

50 CFR Ch. VI (10–1–19 Edition)

(1) Each float line must be at least 30
m long.
(2) At least 15 branch lines must be
attached to the mainline between any
two float lines attached to the mainline.
(3) Each branch line must be at least
10 meters long.
(4) No branch line may be attached to
the mainline closer than 70 meters to
any float line.
(5) No more than 10 swordfish may be
possessed or landed during a single
fishing trip.
[75 FR 2205, Jan. 14, 2010, as amended at 76
FR 13299, Mar. 11, 2011; 76 FR 52889, Aug. 24,
2011; 77 FR 43722, July 26, 2012; 77 FR 60649,
Oct. 4, 2012; 83 FR 49496, Oct. 2, 2018]

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§ 665.814 Protected species workshop.
(a) Each year, both the owner and the
operator of a vessel registered for use
under any longline permit issued under
§ 665.801 must attend and be certified
for completion of a workshop conducted by NMFS on interaction mitigation techniques for sea turtles, seabirds
and other protected species.
(b) A protected species workshop certificate will be issued by NMFS annually to any person who has completed
the workshop.
(c) An owner of a vessel registered for
use under any longline permit issued
under § 665.801 must have a valid protected species workshop certificate
issued by NMFS to the owner of the
vessel, in order to maintain or renew
their vessel registration.
(d) An owner and an operator of a
vessel registered for use under any
longline permit issued under § 665.801
must have on board the vessel a valid
protected species workshop certificate
issued by NMFS to the operator of the
vessel, or a legible copy thereof.
§ 665.815 Pelagic longline seabird mitigation measures.
(a) Seabird mitigation techniques. When
deep-setting or shallow-setting north
of 23° N. lat. or shallow-setting south of
23° N. lat., owners and operators of vessels registered for use under a Hawaii
longline limited access permit, must
either side-set according to paragraph
(a)(1) of this section, or fish in accordance with paragraph (a)(2) of this section.

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

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Fishery Conservation and Management
(iii) Remove all hooks from fish, fish
parts, or spent bait prior to its discharge in accordance with paragraph
(a)(2)(i) of this section;
(iv) Remove the bill and liver of any
swordfish that is caught, sever its head
from the trunk and cut it in half
vertically and periodically discharge
the butchered heads and livers in accordance with paragraph (a)(2)(i) of
this section;
(v) When using basket-style longline
gear north of 23° N. lat., ensure that
the main longline is deployed slack to
maximize its sink rate;
(vi) Use completely thawed bait that
has been dyed blue to an intensity level
specified by a color quality control
card issued by NMFS;
(vii) Maintain a minimum of two
cans (each sold as 0.45 kg or 1 lb size)
containing blue dye on board the vessel; and
(viii) Follow the requirements in
paragraphs (a)(3) and (a)(4) of this section, as applicable.
(3) Deep-setting requirements. The
following
additional
requirements
apply to vessels engaged in deep-setting using a monofilament main
longline north of 23° N. lat. that do not
side-set. Owners and operators of these
vessels must do the following:
(i) Employ a line shooter; and
(ii) Attach a weight of at least 45 g
(1.6 oz) to each branch line within 1 m
(3.3 ft) of the hook.
(4) Shallow-setting requirement. In
addition to the requirements set forth
in paragraphs (a)(1) and (a)(2) of this
section, owners and operators of vessels engaged in shallow-setting that do
not side-set must begin the deployment
of longline gear at least 1 hour after
local sunset and complete the deployment no later than local sunrise, using
only the minimum vessel lights to conform with navigation rules and best
safety practices.
(b) Short-tailed albatross handling
techniques. If a short-tailed albatross
is hooked or entangled by a vessel registered for use under a Hawaii longline
limited access permit, owners and operators must ensure that the following
actions are taken:
(1) Stop the vessel to reduce the tension on the line and bring the bird on
board the vessel using a dip net;

§ 665.815
(2) Cover the bird with a towel to protect its feathers from oils or damage
while being handled;
(3) Remove any entangled lines from
the bird; and
(4) Determine if the bird is alive or
dead.
(i) If dead, freeze the bird immediately with an identification tag attached directly to the specimen listing
the species, location and date of mortality, and band number if the bird has
a leg band. Attach a duplicate identification tag to the bag or container
holding the bird. Any leg bands present
must remain on the bird. Contact
NMFS, the USCG, or the USFWS at the
numbers listed on the Short-tailed Albatross Handling Placard distributed
at the NMFS protected species workshop, inform them that you have a
dead short-tailed albatross on board,
and submit the bird to NMFS within 72
hours following completion of the fishing trip.
(ii) If alive, handle the bird in accordance with paragraphs (b)(5) through
(11) of this section.
(5) Place the bird in a safe enclosed
place;
(6) Immediately contact NMFS, the
USCG, or the USFWS at the numbers
listed on the Short-tailed Albatross
Handling Placard distributed at the
NMFS protected species workshop and
request veterinary guidance;
(7) Follow the veterinary guidance
regarding the handling and release of
the bird;
(8) If the bird is externally hooked
and no veterinary guidance is received
within 24-48 hours, handle the bird in
accordance with paragraphs (c)(4) and
(c)(5) of this section, and release the
bird only if it meets the following criteria:
(i) Able to hold its head erect and respond to noise and motion stimuli;
(ii) Able to breathe without noise;
(iii) Capable of flapping and retracting both wings to normal folded position on its back;
(iv) Able to stand on both feet with
toes pointed forward; and
(v) Feathers are dry.
(9) Any seabird that is released in accordance with paragraph (b)(8) of this

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§ 665.816

50 CFR Ch. VI (10–1–19 Edition)

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section or under the guidance of a veterinarian must be placed on the sea
surface;
(10) If the hook has been ingested or
is inaccessible, keep the bird in a safe,
enclosed place and submit it to NMFS
immediately upon the vessel’s return
to port. Do not give the bird food or
water; and
(11) Complete the short-tailed albatross recovery data form issued by
NMFS.
(c) Non-short-tailed albatross seabird
handling techniques. If a seabird other
than a short-tailed albatross is hooked
or entangled by a vessel registered for
use under a Hawaii longline limited access permit owners and operators must
ensure that the following actions are
taken:
(1) Stop the vessel to reduce the tension on the line and bring the seabird
on board the vessel using a dip net;
(2) Cover the seabird with a towel to
protect its feathers from oils or damage while being handled;
(3) Remove any entangled lines from
the seabird;
(4) Remove any external hooks by
cutting the line as close as possible to
the hook, pushing the hook barb out
point first, cutting off the hook barb
using bolt cutters, and then removing
the hook shank;
(5) Cut the fishing line as close as
possible to ingested or inaccessible
hooks;
(6) Leave the bird in a safe enclosed
space to recover until its feathers are
dry; and
(7) After recovered, release seabirds
by placing them on the sea surface.
§ 665.816 American Samoa longline
limited entry program.
(a) General. Under § 665.801(c), certain
U.S. vessels are required to be registered for use under a valid American
Samoa longline limited access permit.
With the exception of reductions in
permits in vessel size Class A under
paragraph (c)(1) of this section, the
maximum number of permits will be
capped at the number of initial permits
actually issued under paragraph (f) of
this section.
(b) Terminology. For purposes of this
section, the following terms have these
meanings:

(1) Documented participation means
participation proved by, but not necessarily limited to, a properly submitted NMFS or American Samoa logbook, an American Samoa creel survey
record, a delivery or payment record
from an American Samoa-based cannery, retailer or wholesaler, an American Samoa tax record, an individual
wage record, ownership title, vessel
registration, or other official documents showing:
(i) Ownership of a vessel that was
used to fish in the EEZ around American Samoa, or
(ii) Evidence of work on a fishing trip
during which longline gear was used to
harvest western Pacific pelagic MUS in
the EEZ around American Samoa. If
the applicant does not possess the necessary documentation of evidence of
work on a fishing trip based on records
available only from NMFS or the Government of American Samoa (e.g.,
creel survey record or logbook), the applicant may issue a request to PIRO to
obtain such records from the appropriate agencies, if available. The applicant should provide sufficient information on the fishing trip to allow PIRO
to retrieve the records.
(2) Family means those people related by blood, marriage, and formal or
informal adoption.
(c) Vessel size classes. The Regional
Administrator shall issue American
Samoa longline limited access permits
in the following size classes:
(1) Class A: Vessels less than or equal
to 40 ft (12.2 m) LOA. The maximum
number will be reduced as Class B–1, C–
1, and D–1 permits are issued under
paragraph (f)(5) of this section.
(2) Class B: Vessels over 40 ft (12.2 m)
to 50 ft (15.2 m) LOA.
(3) Class B–1: Maximum number of 14
permits for vessels over 40 ft (12.2 m) to
50 ft (15.2 m) LOA, to be made available
according to the following schedule:
(i) Four permits in the first calendar
year after the Regional Administrator
has issued all initial permits in Classes
A, B, C, and D (initial issuance);
(ii) In the second calendar year after
initial issuance, any unissued, relinquished, or revoked permits of the first
four, plus four additional permits;

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Fishery Conservation and Management
(iii) In the third calendar year after
initial issuance, any unissued, relinquished, or revoked permits of the first
eight, plus four additional permits; and
(iv) In the fourth calendar year after
initial issuance, any unissued, relinquished, or revoked permits of the first
12, plus two additional permits.
(4) Class C: Vessels over 50 ft (15.2 m)
to 70 ft (21.3 m) LOA.
(5) Class C–1: Maximum number of six
permits for vessels over 50 ft (15.2) to 70
ft (21.3 m) LOA, to be made available
according to the following schedule:
(i) Two permits in the first calendar
year after initial issuance;
(ii) In the second calendar year after
initial issuance, any unissued, relinquished, or revoked permits of the first
two, plus two additional permits; and
(iii) In the third calendar year after
initial issuance, any unissued, relinquished, or revoked permits of the first
four, plus two additional permits.
(6) Class D: Vessels over 70 ft (21.3 m)
LOA.
(7) Class D–1: Maximum number of 6
permits for vessels over 70 ft (21.3 m)
LOA, to be made available according to
the following schedule:
(i) Two permits in the first calendar
year after initial issuance;
(ii) In the second calendar year after
initial issuance, any unissued, relinquished, or revoked permits of the first
two, plus two additional permits; and
(iii) In the third calendar year after
initial issuance, any unissued, relinquished, or revoked permits of the first
four, plus two additional permits.
(d) A vessel subject to this section
may only be registered with an American Samoa longline limited access
permit of a size class equal to or larger
than the vessel’s LOA.
(e) Initial permit qualification. Any
U.S. national or U.S. citizen or company, partnership, or corporation
qualifies for an initial American
Samoa longline limited access permit
if the person, company, partnership, or
corporation, on or prior to March 21,
2002, owned a vessel that was used during the time of their ownership to harvest western Pacific pelagic MUS with
longline gear in the EEZ around American Samoa, and that fish was landed
in American Samoa:
(1) Prior to March 22, 2002; or

§ 665.816
(2) Prior to June 28, 2002, provided
that the person or business provided to
NMFS or the Council, prior to March
22, 2002, a written notice of intent to
participate in the pelagic longline fishery in the EEZ around American
Samoa.
(f) Initial permit issuance.
(1) Any application for issuance of an
initial permit must be submitted to
PIRO no later than 120 days after the
effective date of this final rule. The Regional Administrator shall publish a
notice in the FEDERAL REGISTER, send
notices to persons on the American
Samoa pelagics mailing list, and use
other means to notify prospective applicants of the availability of permits.
Applications for initial permits must
be made, and application fees paid, in
accordance with §§ 665.13(c)(1), 665.13
(d), and 665.13 (f)(2). A complete application must include documented participation in the fishery in accordance
with § 665.816(b)(1). If the applicant is
any entity other than a sole owner, the
application must be accompanied by a
supplementary information sheet obtained from the Regional Administrator, containing the names and mailing addresses of all owners, partners,
and corporate officers.
(2) Only permits of Class A, B, C, and
D will be made available for initial
issuance. Permits of Class B–1, C–1, and
D–1, will be made available in subsequent calendar years.
(3) Within 30 days of receipt of a completed application, the Assistant Regional Administrator for Sustainable
Fisheries, PIRO, shall make a decision
on whether the applicant qualifies for
an initial permit and will notify the
successful applicant by a dated letter.
The successful applicant must register
a vessel, of the equivalent size class or
smaller to which the qualifying vessel
would have belonged, to the permit
within 120 days of the date of the letter
of notification, and maintain this vessel registration to the permit for at
least 120 days. The successful applicant
must also submit a supplementary information sheet, obtained from the Regional Administrator, containing the
name and mailing address of the owner
of the vessel to which the permit is
registered. If the registered vessel is
owned by any entity other than a sole

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§ 665.816

50 CFR Ch. VI (10–1–19 Edition)

owner, the names and mailing addresses of all owners, partners, and corporate officers must be included.
(4) An appeal of a denial of an application for an initial permit shall be
processed
in
accordance
with
§ 665.801(o) of this subpart.
(5) After all appeals on initial permits are concluded in any vessel size
class, the maximum number of permits
in that class shall be the number of
permits issued during the initial
issuance process (including appeals).
The maximum number of permits will
not change, except that the maximum
number of Class A permits will be reduced if Class A permits are replaced
by B–1, C–1, or D–1 permits under paragraph (h) of this section. Thereafter, if
any Class A, B, C, or D permit becomes
available, the Regional Administrator
shall re-issue that permit according to
the process set forth in paragraph (g) of
this section.
(g) Additional permit issuance.
(1) If the number of permits issued in
Class A, B, C, or D, falls below the
maximum number of permits, the Regional Administrator shall publish a
notice in the FEDERAL REGISTER, send
notices to persons on the American
Samoa pelagics mailing list, and use
other means to notify prospective applicants of any available permit(s) in
that class. Any application for issuance
of an additional permit must be submitted to PIRO no later than 120 days
after the date of publication of the notice on the availability of additional
permits in the FEDERAL REGISTER. A
complete application must include documented participation in the fishery in
accordance with § 665.816(b)(1). The Regional Administrator shall issue permits to persons according to the following priority standard:
(i) First priority accrues to the person with the earliest documented participation in the pelagic longline fishery in the EEZ around American
Samoa on a Class A sized vessel.
(ii) The next priority accrues to the
person with the earliest documented
participation in the pelagic longline
fishery in the EEZ around American
Samoa on a Class B size, Class C size,
or Class D size vessel, in that order.
(iii) In the event of a tie in the priority ranking between two or more ap-

plicants, the applicant whose second
documented participation in the pelagic longline fishery in the EEZ
around American Samoa is first in
time will be ranked first in priority. If
there is still a tie between two or more
applicants, the Regional Administrator
will select the successful applicant by
an impartial lottery.
(2) Applications must be made, and
application fees paid, in accordance
with
§§ 665.13(c)(1),
665.13(d),
and
665.13(f)(2). If the applicant is any entity other than a sole owner, the application must be accompanied by a supplementary information sheet, obtained
from the Regional Administrator, containing the names and mailing addresses of all owners, partners, and corporate officers that comprise ownership of the vessel for which the permit
application is prepared.
(3) Within 30 days of receipt of a completed application, the Assistant Regional Administrator for Sustainable
Fisheries shall make a decision on
whether the applicant qualifies for a
permit and will notify the successful
applicant by a dated letter. The successful applicant must register a vessel
of the equivalent vessel size or smaller
to the permit within 120 days of the
date of the letter of notification. The
successful applicant must also submit
a supplementary information sheet, obtained from the Regional Administrator, containing the name and mailing address of the owner of the vessel
to which the permit is registered. If the
registered vessel is owned by any entity other than a sole owner, the names
and mailing addresses of all owners,
partners, and corporate officers must
be included. If the successful applicant
fails to register a vessel to the permit
within 120 days of the date of the letter
of notification, the Assistant Regional
Administrator for Sustainable Fisheries shall issue a letter of notification
to the next person on the priority list
or, in the event that there are no more
prospective applicants on the priority
list, re-start the issuance process pursuant to paragraph (g)(1) of this section. Any person who fails to register
the permit to a vessel under this paragraph (g)(3) within 120 days shall not be
eligible to apply for a permit for 6

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Fishery Conservation and Management
months from the date those 120 days
expired.
(4) An appeal of a denial of an application for a permit shall be processed
in accordance with § 665.801(o).
(h) Class B–1, C–1, and D–1 Permits.
(1) Permits of Class B–1, C–1, and D–
1 will be initially issued only to persons who hold a Class A permit and
who, prior to March 22, 2002, participated in the pelagic longline fishery
around American Samoa.
(2) The Regional Administrator shall
issue permits to persons for Class B–1,
C–1, and D–1 permits based on each person’s earliest documented participation, with the highest priority given to
that person with the earliest date of
documented participation.
(3) A permit holder who receives a
Class B–1, C–1, or D–1 permit must relinquish his or her Class A permit and
that permit will no longer be valid. The
maximum number of Class A permits
will be reduced accordingly.
(4) Within 30 days of receipt of a completed application for a Class B–1, C–1,
and D–1 permit, the Regional Administrator shall make a decision on whether the applicant qualifies for a permit
and will notify the successful applicant
by a dated letter. The successful applicant must register a vessel of the
equivalent vessel size or smaller to the
permit within 120 days of the date of
the letter of notification. The successful applicant must also submit a supplementary information sheet, obtained from the Regional Administrator, containing the name and mailing address of the owner of the vessel
to which the permit is registered. If the
registered vessel is owned by any entity other than a sole owner, the names
and mailing addresses of all owners,
partners, and corporate officers must
be included.
(5) An appeal of a denial of an application for a Class B–1, C–1, or D–1 permit shall be processed in accordance
with § 665.801(o).
(6) If a Class B–1, C–1, or D–1 permit
is relinquished, revoked, or not renewed pursuant to paragraph (j)(1) of
this section, the Regional Administrator shall make that permit available according to the procedure described in paragraph (g) of this section.

§ 665.816
(i) Permit transfer. The holder of an
American Samoa longline limited access permit may transfer the permit to
another individual, partnership, corporation, or other entity as described
in this section. Applications for permit
transfers must be submitted to the Regional Administrator within 30 days of
the transfer date. If the applicant is
any entity other than a sole owner, the
application must be accompanied by a
supplementary information sheet, obtained from the Regional Administrator, containing the names and mailing addresses of all owners, partners,
and corporate officers. After such an
application has been made, the permit
is not valid for use by the new permit
holder until the Regional Administrator has issued the permit in the new
permit holder’s name under § 665.13(c).
(1) Permits of all size classes except
Class A. An American Samoa longline
limited access permit of any size class
except Class A may be transferred (by
sale, gift, bequest, intestate succession,
barter, or trade) to the following persons only:
(i) A western Pacific community located in American Samoa that meets
the criteria set forth in § 305(I)(2) of the
Magnuson-Stevens
Act,
16
U.S.C.
§ 1855(I)(2), and its implementing regulations, or
(ii) Any person with documented participation in the pelagic longline fishery in the EEZ around American
Samoa.
(2) Class A Permits. An American
Samoa longline limited access permit
of Class A may be transferred (by sale,
gift, bequest, intestate succession, barter, or trade) to the following persons
only:
(i) A family member of the permit
holder,
(ii) A western Pacific community located in American Samoa that meets
the criteria set forth in § 305(I)(2) of the
Magnuson-Stevens Act, 16 U.S.C. 1855,
and its implementing regulations, or
(iii) Any person with documented
participation in the pelagic longline
fishery on a Class A size vessel in the
EEZ around American Samoa prior to
March 22, 2002.
(3) Class B–1, C–1, and D–1 Permits.
Class B–1, C–1, and D–1 permits may
not be transferred to a different owner

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§ 665.817

50 CFR Ch. VI (10–1–19 Edition)

for 3 years from the date of initial
issuance, except by bequest or intestate succession if the permit holder
dies during those 3 years. After the initial 3 years, Class B–1, C–1, and D–1 permits may be transferred only in accordance with the restrictions in paragraph (i)(1) of this section.
(j) Permit renewal and registration of
vessels.
(1) Use requirements. An American
Samoa longline limited access permit
will not be renewed following 3 consecutive calendar years (beginning
with the year after the permit was
issued in the name of the current permit holder) in which the vessel(s) to
which it is registered landed less than:
(i) For permit size Classes A or B: a
total of 1,000 lb (455 kg) of western Pacific pelagic MUS harvested in the EEZ
around American Samoa using longline
gear, or
(ii) For permit size Classes C or D: a
total of 5,000 lb (2,273 kg) of western
Pacific pelagic MUS harvested in the
EEZ around American Samoa using
longline gear.
(2) [Reserved]
(k) Concentration of ownership of
permits. No more than 10 percent of
the maximum number of permits, of all
size classes combined, may be held by
the same permit holder. Fractional interest will be counted as a full permit
for the purpose of calculating whether
the 10-percent standard has been
reached.
(l) Three year review. Within 3 years
of the effective date of this final rule,
the Council shall consider appropriate
revisions to the American Samoa limited entry program after reviewing the
effectiveness of the program with respect to its biological and socioeconomic objectives, concerning gear
conflict, overfishing, enforceability,
compliance, and other issues.

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§ 665.817

[Reserved]

§ 665.818 Exemptions for American
Samoa large vessel prohibited
areas.
(a) Exemption for historical participation. (1) An exemption will be issued to
a person who currently owns a large
vessel to use that vessel to fish for
western Pacific pelagic MUS in the
American Samoa large vessel prohib-

ited areas, if the person seeking the exemption had been the owner of that
vessel when it was registered for use
with a Western Pacific general longline
permit, and has made at least one landing of western Pacific pelagic MUS in
American Samoa on or prior to November 13, 1997.
(2) A landing of western Pacific pelagic MUS for the purpose of this paragraph must have been properly recorded on a NMFS Western Pacific
Federal daily longline form that was
submitted to NMFS, as required in
§ 665.14.
(3) An exemption is valid only for a
vessel that was registered for use with
a Western Pacific general longline permit and landed western Pacific pelagic
MUS in American Samoa on or prior to
November 13, 1997, or for a replacement
vessel of equal or smaller LOA than the
vessel that was initially registered for
use with a Western Pacific general
longline permit on or prior to November 13, 1997.
(4) An exemption is valid only for the
vessel for which it is registered. An exemption not registered for use with a
particular vessel may not be used.
(5) An exemption may not be transferred to another person.
(6) If more than one person, e.g., a
partnership or corporation, owned a
large vessel when it was registered for
use with a Western Pacific general
longline permit and made at least one
landing of western Pacific pelagic MUS
in American Samoa on or prior to November 13, 1997, an exemption issued
under this section will be issued to
only one person.
(b) [Reserved]
[81 FR 5626, Feb. 3, 2016, as amended at 82 FR
43909, Sept. 20, 2017]

§ 665.819 Territorial catch and fishing
effort limits.
(a) General. (1) Notwithstanding
§ 665.4, if the WCPFC agrees to a catch
or fishing effort limit for a stock of
western Pacific pelagic MUS that is applicable to a U.S. participating territory, the Regional Administrator may
specify an annual or multi-year catch
or fishing effort limit for a U.S. participating territory, as recommended
by the Council, not to exceed the
WCPFC adopted limit. The Regional

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Fishery Conservation and Management
Administrator may authorize such U.S.
participating territory to allocate a
portion, as recommended by the Council, of the specified catch or fishing effort limit to a fishing vessel or vessels
holding a valid permit issued under
§ 665.801 through a specified fishing
agreement pursuant to paragraph (c) of
this section.
(2) If the WCPFC does not agree to a
catch or fishing effort limit for a stock
of western Pacific pelagic MUS applicable to a U.S. participating territory,
the Council may recommend that the
Regional Administrator specify such a
limit that is consistent with the
Pelagics FEP, other provisions of the
Magnuson-Stevens Act, and other applicable laws. The Council may also
recommend that the Regional Administrator authorize a U.S. participating
territory to allocate a portion of a
specified catch or fishing effort limit
to a fishing vessel or vessels holding
valid permits issued under § 665.801
through a specified fishing agreement
pursuant to paragraph (c) of this section.
(3) The Council shall review any existing or proposed catch or fishing effort limit specification and portion
available for allocation at least annually to ensure consistency with the
Pelagics FEP, Magnuson-Stevens Act,
WCPFC decisions, and other applicable
laws. Based on this review, at least annually, the Council shall recommend to
the Regional Administrator whether
such catch or fishing effort limit specification or portion available for allocation should be approved for the next
fishing year.
(4) The Regional Administrator shall
review any Council recommendation
pursuant to paragraph (a) of this section and, if determined to be consistent
with the Pelagics FEP, Magnuson-Stevens Act, WCPFC decisions, and other
applicable laws, shall approve such recommendation. If the Regional Administrator
determines
that
a
recommendation is inconsistent with the
Pelagics FEP, Magnuson-Stevens Act,
WCPFC decisions and other applicable
laws, the Regional Administrator will
disapprove the recommendation and
provide the Council with a written explanation of the reasons for disapproval. If a catch or fishing effort

§ 665.819
limit specification or allocation limit
is disapproved, or if the Council recommends and NMFS approves no catch
or fishing effort limit specification or
allocation limit, no specified fishing
agreements as described in paragraph
(c) of this section will be accepted for
the fishing year covered by such action.
(b) Procedures and timing. (1) After receiving a Council recommendation for
a catch or fishing effort limit specification, or portion available for allocation, the Regional Administrator will
evaluate the recommendation for consistency with the Pelagics FEP, other
provisions of the Magnuson-Stevens
Act, and other applicable laws.
(2) The Regional Administrator will
publish in the FEDERAL REGISTER a notice and request for public comment of
the proposed catch or fishing effort
limit specification and any portion of
the limit that may be allocated to a
fishing vessel or vessels holding a valid
permit issued under § 665.801.
(3) The Regional Administrator will
publish in the FEDERAL REGISTER, a notice of the final catch or fishing effort
limit specification and portion of the
limit that may be allocated to a fishing
vessel or vessels holding valid permits
issued under § 665.801. The final specification of a catch or fishing effort
limit will also announce the deadline
for submitting a specified fishing
agreement for review as described in
paragraph (c) of this section. The deadline will be no earlier than 30 days
after the publication date of the FEDERAL REGISTER notice that specifies
the final catch or fishing effort limit
and the portion of the limit that may
be allocated through a specified fishing
agreement.
(c) Specified fishing agreements. A
specified fishing agreement means an
agreement between a U.S. participating territory and the owner or a
designated representative of a fishing
vessel or vessels holding a valid permit
issued under § 665.801 of this part. An
agreement provides access to an identified portion of a catch or fishing effort
limit and may not exceed the amount
specified for the territory and made
available for allocation pursuant to

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§ 665.819

50 CFR Ch. VI (10–1–19 Edition)

paragraph (a) of this section. The identified portion of a catch or fishing effort limit in an agreement must account for recent and anticipated harvest on the stock or stock complex or
fishing effort, and any other valid
agreements with the territory during
the same year not to exceed the territory’s catch or fishing effort limit or
allocation limit.
(1) An authorized official or designated representative of a U.S. participating territory may submit a complete specified fishing agreement to the
Council for review. A complete specified fishing agreement must meet the
following requirements:
(i) Identify the vessel(s) to which the
fishing agreement applies, along with
documentation that such vessel(s) possesses a valid permit issued under
§ 665.801;
(ii) Identify the amount (weight) of
western Pacific pelagic MUS to which
the fishing agreement applies, if applicable;
(iii) Identify the amount of fishing
effort to which the fishing agreement
applies, if applicable;
(iv) Be signed by an authorized official of the applicable U.S. participating
territory, or designated representative;
(v) Be signed by each vessel owner or
designated representative; and
(vi)
Satisfy
either
paragraph
(c)(1)(vi)(A) or (B) of this section:
(A) Require the identified vessels to
land or offload catch in the ports of the
U.S. participating territory to which
the fishing agreement applies; or
(B) Specify the amount of monetary
contributions that each vessel owner in
the agreement, or his or her designated
representative, will deposit into the
Western Pacific Sustainable Fisheries
Fund.
(vii) Be consistent with the Pelagics
FEP and implementing regulations,
the Magnuson-Stevens Act, and other
applicable laws; and
(viii) Shall not confer any right of
compensation to any party enforceable
against the United States should action under such agreement be prohibited or limited by NMFS pursuant to
its authority under Magnuson-Stevens
Act, or other applicable laws.
(2) Council review. The Council,
through its Executive Director, will re-

view a submitted specified fishing
agreement to ensure that it is consistent with paragraph (1) of this section. The Council will advise the authorized official or designated representative of the U.S. participating
territory to which the agreement applies of any inconsistency and provide
an opportunity to modify the agreement, as appropriate. The Council will
transmit the complete specified fishing
agreement to the Regional Administrator for review.
(3) Agency review. (i) Upon receipt of
a specified fishing agreement from the
Council, the Regional Administrator
will consider such agreement for consistency with paragraph (c)(1) of this
section, the Pelagics FEP and implementing regulations, the MagnusonStevens Act, and other applicable laws.
(ii) Within 30 calendar days of receipt
of the fishing agreement from the
Council, the Regional Administrator
will provide the authorized official or
designated representative of the U.S.
participating territory to which the
agreement applies and the signatory
vessel owners or their designated representatives with written notice of
whether the agreement meets the requirements of this section. The Regional Administrator will reject an
agreement for any of the following reasons:
(A) The agreement fails to meet the
criteria specified in this subpart;
(B) The applicant has failed to disclose material information;
(C) The applicant has made a material false statement related to the
specified fishing agreement;
(D) The agreement is inconsistent
with the Pelagics FEP, implementing
regulations,
the
Magnuson-Stevens
Act, or other applicable laws; or
(E) The agreement includes a vessel
identified in another valid specified
fishing agreement.
(iii) The Regional Administrator, in
consultation with the Council, may
recommend that specified fishing
agreements include such additional
terms and conditions as are necessary
to ensure consistency with the Pelagics
FEP and implementing regulations,
the Magnuson-Stevens Act, and other
applicable laws.

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Fishery Conservation and Management
(iv) The U.S. participating territory
must notify NMFS and the Council in
writing of any changes in the identity
of fishing vessels to which the specified
fishing agreement applies within 72
hours of the change.
(v) Upon written notice that a specified fishing agreement fails to meet the
requirements of this section, the Regional Administrator may provide the
U.S. participating territory an opportunity to modify the fishing agreement
within the time period prescribed in
the notice. Such opportunity to modify
the agreement may not exceed 30 days
following the date of written notice.
The U.S. participating territory may
resubmit the agreement according to
paragraph (c)(1) of this section.
(vi) The absence of the Regional Administrator’s written notice within the
time period specified in paragraph
(c)(3)(ii) of this section or, if applicable, within the extended time period
specified in paragraph (c)(3)(v) of this
section shall operate as the Regional
Administrator’s finding that the fishing agreement meets the requirements
of this section.
(4) Transfer. Specified fishing agreements authorized under this section
are not transferable or assignable, except as allowed pursuant to paragraph
(c)(3)(iv) of this section.
(5) A vessel shall not be identified in
more than one valid specified fishing
agreement at a time.
(6) Revocation and suspension. The Regional Administrator, in consultation
with the Council, may at any time revoke or suspend attribution under a
specified fishing agreement upon the
determination that either: Operation
under the agreement would violate the
requirements of the Pelagics FEP or
implementing regulations, the Magnuson-Stevens Act, or other applicable
laws; or the U.S. participating territory fails to notify NMFS and the
Council in writing of any changes in
the identity of fishing vessels to which
the specified fishing agreement applies
within 72 hours of the change.
(7) Cancellation. The U.S. participating
territory
and
the
vessel
owner(s), or designated representative(s), that are party to a specified
fishing agreement must notify the Regional Administrator in writing within

§ 665.819
72 hours after an agreement is cancelled or no longer valid. A valid notice
of cancellation shall require the signatures of both parties to the agreement.
All catch or fishing effort attributions
under the agreement shall cease upon
the written date of a valid notice of
cancellation.
(8) Appeals. An authorized official or
designated representative of a U.S. participating territory or signatory vessel
owners or their designated representatives may appeal the granting, denial,
conditioning, or suspension of a specified fishing agreement affecting their
interests to the Regional Administrator in accordance with the permit
appeals
procedures
set
forth
in
§ 665.801(o) of this subpart.
(9) Catch or fishing effort attribution
procedures. (i) For vessels identified in
a valid specified fishing agreement
that are subject to a U.S. limit and
fishing restrictions set forth in 50 CFR
part 300, subpart O, NMFS will attribute catch made by such vessels to
the applicable U.S. participating territory starting seven days before the
date NMFS projects the annual U.S.
limit to be reached, or upon the effective date of the agreement, whichever
is later.
(ii) For U.S. fishing vessels identified
in a valid specified fishing agreement
that are subject to catch or fishing effort limits and fishing restrictions set
forth in this subpart, NMFS will attribute catch or fishing effort to the
applicable U.S. participating territory
starting seven days before the date
NMFS projects the limit to be reached,
or upon the effective date of the agreement, whichever is later.
(iii) If NMFS determines catch or
fishing effort made by fishing vessels
identified in a specified fishing agreement exceeds the allocated limit,
NMFS will attribute any overage of the
limit back to the U.S. or Pacific island
fishery to which the vessel(s) is registered and permitted in accordance
with the regulations set forth in 50
CFR part 300, subpart O and other applicable laws.
(d) Accountability measures. (1) NMFS
will monitor catch and fishing effort
with respect to any territorial catch or
fishing effort limit, including the
amount of a limit allocated to vessels

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§ 665.900

50 CFR Ch. VI (10–1–19 Edition)

identified in a valid specified fishing
agreement, using data submitted in
logbooks and other information. When
NMFS projects a territorial catch or
fishing effort limit or allocated limit
to be reached, the Regional Administrator shall publish notification to
that effect in the FEDERAL REGISTER at
least seven days before the limit will
be reached.
(2) The notice will include an advisement that fishing for the applicable pelagic MUS stock or stock complex, or
fishing effort, will be restricted on a
specific date. The restriction may include, but is not limited to, a prohibition on retention, closure of a fishery,
closure of specific areas, or other catch
or fishing effort restrictions. The restriction will remain in effect until the
end of the fishing year.
(e) Disbursement of contributions from
the Sustainable Fisheries Fund. (1)
NMFS shall make available to the
Western Pacific Fishery Management
Council monetary contributions, made
to the Fund pursuant to a specified
fishing agreement, in the following
order of priority:
(i) Project(s) identified in an approved Marine Conservation Plan (16
U.S.C. 1824) of a U.S. participating territory that is a party to a valid specified fishing agreement, pursuant to
§ 665.819(c); and
(ii) In the case of two or more valid
specified fishing agreements in a fishing year, the projects listed in an approved Marine Conservation Plan applicable to the territory with the earliest valid agreement will be funded
first.
(2) At least seven calendar days prior
to the disbursement of any funds, the
Council shall provide in writing to
NMFS a list identifying the order of
priority of the projects in an approved
Marine Conservation Plan that are to
be funded. The Council may thereafter
revise this list.
[79 FR 64111, Oct. 28, 2014]

kpayne on VMOFRWIN702 with $$_JOB

Subpart G—Marianas Trench
Marine National Monument
SOURCE: 78 FR 33003, June 3, 2013, unless
otherwise noted.

§ 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.
§ 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
1
2
3
4
5
6
7
1

E. long.

.................
.................
.................
.................
.................
.................
.................
.................

N. lat.

144°1′22.97″
145°33′25.20″
145°44′31.14″
146°18′36.75″
146°18′36.75″
145°3′12.22″
144°1′22.97″
144°1′22.97″

21°23′42.40″
21°23′42.40″
21°11′14.60″
20°49′17.46″
19°22′0.00″
19°22′0.00″
20°45′44.11″
21°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.

Fukujin ..........................
Minami Kasuga #2 ........
N.W. Eifuku ...................
Minami Kasuga #3 ........
Daikoku .........................
Ahyi ...............................
Maug .............................
Alice Springs .................
Central trough ...............
Zealandia ......................
E. Diamante ..................
Ruby ..............................
Esmeralda .....................
N.W. Rota #1 ................
W. Rota .........................
Forecast ........................
Seamount X ..................
South Backarc ..............
Archaean site ................
Pika site ........................

143°27′30″
143°38′30″
144°2′36″
143°38′0″
144°11′39″
145°1′45″
145°13′18″
144°30′0″
144°45′0″
145°51′4″
145°40′47″
145°34′24″
145°14′45″
144°46′30″
144°50′0″
143°55′12″
144°1′0″
143°37′8″
143°37′55″
143°38′55″

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N. lat.
21°56′30″
21°36′36″
21°29′15″
21°24′0″
21°19′27″
20°26′15″
20°1′15″
18°12′0″
18°1′0″
16°52′57″
15°56′31″
15°36′15″
14°57′30″
14°36′0″
14°19′30″
13°23′30″
13°14′48″
12°57′12″
12°56′23″
12°55′7″

Fishery Conservation and Management
ID

E. long.

Toto ...............................

143°31′42″

N. lat.
12°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
1 .......................
2 .......................
3 .......................
4 .......................
5 .......................
6 .......................
7 .......................
8 .......................
9 .......................
10 .....................
11 .....................
12 .....................
13 .....................
14 .....................
15 .....................
16 .....................
17 .....................
18 .....................
19 .....................
20 .....................
21 .....................
22 .....................
23 .....................
24 .....................
1 .......................

E. long.

N. lat.

145°5′46″
145°52′27.10″
146°36′18.91″
147°5′16.84″
147°22′31.43″
147°40′48.31″
147°39′59.51″
147°48′51.61″
148°21′47.20″
148°42′50.50″
148°34′47.12″
148°5′39.95″
146°23′24.38″
145°28′33.28″
143°3′9″
142°19′54.93″
144°42′31.24″
145°17′59.93″
147°29′32.24″
147°27′32.35″
147°20′16.96″
146°57′55.31″
145°44′31.14″
144°5′27.55″
145°5′46″

23°53′35″
23°45′50.54″
23°29′18.33″
23°11′43.92″
20°38′41.35″
19°59′23.30″
19°27′2.96″
19°8′18.74″
18°56′6.46″
17°58′2.20″
16°40′53.86″
15°25′51.09″
12°21′38.38″
11°34′7.64″
10°57′30″
11°47′24.83″
12°21′24.65″
12°33′5.35″
15°49′25.53″
17°57′52.76″
19°9′19.41″
20°23′58.80″
21°11′14.60″
23°2′28.67″
23°53′35″

hibited in the Islands Unit and, thus,
unlawful for a person to conduct or
cause to be conducted.
(a) Commercial fishing in violation of
§ 665.904(a).
(b) Non-commercial fishing, except as
authorized under permit and pursuant
to the procedures and criteria established in § 665.905.
(c) Transferring a permit in violation
of § 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 § 665.904(c).
[78 FR 33003, June 3, 2013, as amended at 78
FR 39583, July 2, 2013]

§ 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 § 665.905.
(c) Commercial fishing outside the Islands Unit and non-commercial fishing
within the Islands Unit during the
same trip is prohibited.
[78 FR 33003, June 3, 2013, as amended at 78
FR 39583, July 2, 2013]

§ 665.905 Fishing
and criteria.

§ 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
§§ 665.401, 665.421, 665.441, and 665.461,
and the pelagic management unit species as defined in § 665.800.
Monument means the submerged
lands and, where applicable, waters of
the Marianas Trench Marine National
Monument as defined in § 665.901.
Proclamation
means
Presidential
Proclamation 8335 of January 6, 2009,
‘‘Establishment
of
the
Marianas
Trench Marine National Monument.’’

kpayne on VMOFRWIN702 with $$_JOB

§ 665.905

§ 665.903 Prohibitions.
In addition to the general prohibitions specified in § 600.725 of this chapter, and § 665.15 and subpart D of this
part, the following activities are pro-

permit

(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 noncommercial permit 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

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§ 665.906

50 CFR Ch. VI (10–1–19 Edition)

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 § 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 § 665.14.
[78 FR 33003, June 3, 2013, as amended at 78
FR 39583, July 2, 2013]

§ 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

kpayne on VMOFRWIN702 with $$_JOB

SOURCE: 78 FR 33003, June 3, 2013, unless
otherwise noted.

§ 665.930 Scope and purpose.
The regulations in this subpart codify certain provisions of the Proclama-

tions, and govern the administration of
fishing in the Monument.
[80 FR 15695, Mar. 25, 2015]

§ 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 to the seaward
limit of the U.S. EEZ.
(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
1
2
3
4
1

.................
.................
.................
.................
.................

W. long.
177°27′7″
175°38′32″
175°38′32″
177°27′7″
177°27′7″

Lat.
1°39′15″
1°39′15″
0°38′33″
0°38′33″
1°39′15″

(c) Jarvis Island. The Jarvis Island
unit of the Monument includes the waters and submerged and emergent lands
around Jarvis Island to the seaward
limit of the U.S. EEZ.
(d) Johnston Atoll. The Johnston Atoll
unit of the Monument includes the waters and submerged and emergent lands
around Johnston Atoll to the seaward
limit of the U.S. EEZ.
(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
1
2
3
4
5
1

.................
.................
.................
.................
.................
.................

W. long.
163°11′16″
161°12′3″
161°12′3″
161°25′22″
163°11′16″
163°11′16″

N. lat.
7°14′38″
7°14′38″
5°20′23″
5°1′34″
5°1′34″
7°14′38″

[78 FR 33003, June 3, 2013, as amended at 80
FR 15695, Mar. 25, 2015]

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Fishery Conservation and Management
§ 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
§§ 665.601, 665.621, 665.641, and 665.661,
and the pelagic management unit species as defined in § 665.800.
Monument means the waters and submerged and emergent lands of the Pacific Remote Islands Marine National
Monument and the Pacific Remote Islands Marine National Monument Expansion, as defined in § 665.931.
Proclamations
means
Presidential
Proclamation 8336 of January 6, 2009,
‘‘Establishment of the Pacific Remote
Islands Marine National Monument,’’
and Presidential Proclamation 9173 of
September 29, 2014, ‘‘Pacific Remote Islands Marine National Monument Expansion.’’

kpayne on VMOFRWIN702 with $$_JOB

[78 FR 33003, June 3, 2013, as amended at 80
FR 15695, Mar. 25, 2015]

§ 665.933 Prohibitions.
In addition to the general prohibitions specified in § 600.725 of this chapter, and § 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 § 665.935.
(c) Transferring a permit in violation
of § 665.935(d).
(d) Commercial fishing outside the
Monument and non-commercial fishing
within the Monument on the same trip
in violation of § 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 § 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.
[78 FR 33003, June 3, 2013, as amended at 78
FR 39583, July 2, 2013]

§ 665.935
§ 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 § 665.935 or
pursuant to § 665.934(d).
(c) Commercial fishing outside the
Monument and non-commercial fishing
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.
[78 FR 33003, June 3, 2013, as amended at 78
FR 39583, July 2, 2013]

§ 665.935 Fishing
and criteria.

permit

(a) Non-commercial fishing—(1) Applicability. Except as provided in section
665.934(d), a vessel that is used to noncommercially fish for, take, retain, or
possess MUS in the Monument must be
registered for use with a permit issued
pursuant to §§ 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 § 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

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§ 665.936

50 CFR Ch. VI (10–1–19 Edition)

must be submitted to PIRO as described in § 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 § 665.14.
[78 FR 33003, June 3, 2013, as amended at 78
FR 39583, July 2, 2013]

§ 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
SOURCE: 78 FR 33003, June 3, 2013, unless
otherwise noted.

§ 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.
§ 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

kpayne on VMOFRWIN702 with $$_JOB

1
2
3
4
1

W. long.

.................
.................
.................
.................
.................

169°0′42″
167°17′0″
167°17′0″
169°0′42″
169°0′42″

S. lat.
13°41′54″
13°41′54″
15°23′10″
15°23′10″
13°41′54″

§ 665.962 Definitions.
The following definitions are used in
this subpart:
Management Unit Species or MUS
means the American Samoa manage-

ment unit species as defined in
§§ 665.401, 665.421, 665.441, and 665.461,
and the pelagic management unit species as defined in § 665.800.
Monument means the waters and
emergent and submerged lands of the
Rose Atoll Marine National Monument,
as defined in § 665.961.
Proclamation
means
Presidential
Proclamation 8337 of January 6, 2009,
‘‘Establishment of the Rose Atoll Marine National Monument.’’
§ 665.963

Prohibitions.

In addition to the general prohibitions specified in § 600.725 of this chapter, and § 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 § 665.965.
(c) Transferring a permit in violation
of § 665.965(d).
(d) Commercial fishing outside the
Monument and non-commercial fishing
within the Monument on the same trip
in violation of § 665.964(c).
(e) Fishing within 12 nm of emergent
land within the Monument in violation
of § 665.964(d).
[78 FR 33003, June 3, 2013, as amended at 78
FR 39583, July 2, 2013]

§ 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 § 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.
[78 FR 33003, June 3, 2013, as amended at 78
FR 39583, July 2, 2013]

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Fishery Conservation and Management
§ 665.965 Fishing
and criteria.

permit

procedures

kpayne on VMOFRWIN702 with $$_JOB

(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.

§ 665.966
(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 § 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 § 665.14.
[78 FR 33003, June 3, 2013, as amended at 78
FR 39583, July 2, 2013]

§ 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.

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Pt. 665, Fig. 1

50 CFR Ch. VI (10–1–19 Edition)
FIGURE 1 TO PART 665—CARAPACE LENGTH OF LOBSTERS

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FIGURE 2 TO PART 665—LENGTH OF FISHING VESSELS

Fishery Conservation and Management

Pt. 665, Fig. 3

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FIGURE 3 TO PART 665—SAMPLE FABRICATED ARCENEAUX LINE CLIPPER

Pt. 679

50 CFR Ch. VI (10–1–19 Edition)
679.55

PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
Sec.
679.1 Purpose and scope.
679.2 Definitions.
679.3 Relation to other laws.
679.4 Permits.
679.5 Recordkeeping and reporting.
679.6 Exempted fisheries.
679.7 Prohibitions.
679.8 Facilitation of enforcement.
679.9 Penalties.

Subpart B—Management Measures
679.20 General limitations.
679.21 Prohibited species bycatch management.
679.22 Closures.
679.23 Seasons.
679.24 Gear limitations.
679.25 Inseason adjustments.
679.26 Prohibited Species Donation Program.
679.27 Improved Retention/Improved Utilization Program.
679.28 Equipment and operational requirements.

Subpart C—Western Alaska Community
Development Quota Program

Subpart G—Rockfish Program
679.80 Allocation and transfer of rockfish
QS.
679.81 Rockfish Program annual harvester
privileges.
679.82 Rockfish Program use caps and
sideboard limits.
679.83 Rockfish
Program
entry
level
longline fishery.
679.84 Rockfish
Program
recordkeeping,
permits, monitoring, and catch accounting.
679.85 Cost recovery.

Subpart H—Amendment 80 Program

679.30 [Reserved]
679.31 CDQ and PSQ reserves, allocations,
and transfers.
679.32 Groundfish and halibut CDQ catch
monitoring.
679.33 CDQ cost recovery.

Subpart D—Individual Fishing Quota
Management Measures
Sablefish and halibut QS.
Transfer of quota shares and IFQ.
Limitations on use of QS and IFQ.
Determinations and appeals.
Penalties.
IFQ cost recovery program.

Subpart E—North Pacific Observer Program

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Subpart F—American Fisheries Act and
Aleutian Island Directed Pollock Fishery Management Measures
679.60 Authority and related regulations.
679.61 Formation and operation of fishery
cooperatives.
679.62 Inshore sector cooperative allocation
program.
679.63 Catch weighing requirements for vessels and processors.
679.64 Harvesting sideboard limits in other
fisheries.
679.65 Bering Sea Chinook Salmon Bycatch
Management Program Economic Data
Report (Chinook salmon EDR program).
679.66 AFA cost recovery.
679.67 Aleutian Islands pollock cost recovery.

Subpart A—General

679.40
679.41
679.42
679.43
679.44
679.45

Observer fees.

679.50 Applicability.
679.51 Observer and Electronic Monitoring
System requirements for vessels and
plants.
679.52 Observer provider permitting and responsibilities.
679.53 Observer certification and responsibilities.
679.54 Release of observer data to the public.

679.90 Allocation, use, and transfer of
Amendment 80 QS permits.
679.91 Amendment 80 Program annual harvester privileges.
679.92 Amendment 80 Program use caps and
sideboard limits.
679.93 Amendment 80 Program recordkeeping, permits, monitoring, and catch
accounting.
679.94 Economic data report (EDR) for the
Amendment 80 sector and Gulf of Alaska
Trawl Catcher/Processors.
679.95 Amendment 80 Program cost recovery.

Subpart I—Equipment and Operational Requirements for the Longline Catcher/
Processor Subsector
679.100

Applicability.

Subpart J—Gulf of Alaska Trawl Economic
Data
679.110 Gulf of Alaska Trawl Economic Data
Reports (EDRs).
APPENDIX A TO PART 679—PERFORMANCE AND
TECHNICAL REQUIREMENTS FOR SCALES

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