cfr_sections
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222 rows where part_number = 665 and title_number = 50 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 50:50:13.0.1.1.2.1.1.1 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | A | Subpart A—General | § 665.1 Purpose and scope. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 80 FR 62501, Oct. 16, 2015; 84 FR 2768, Feb. 8, 2019] | (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. | ||||
| 50:50:13.0.1.1.2.1.1.10 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | A | Subpart A—General | § 665.16 Vessel identification. | FWS | [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] | (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: (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 airc… | ||||
| 50:50:13.0.1.1.2.1.1.11 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | A | Subpart A—General | § 665.17 Experimental fishing. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2769, Feb. 8, 2019] | (a) General. The Regional Administrator may authorize, for limited purposes, the direct or incidental harvest of MUS or ECS that would otherwise be prohibited by this part. No experimental fishing may be conducted unless authorized by an EFP issued by the Regional Administrator in accordance with the criteria and procedures specified in this section. EFPs will be issued without charge. (b) Observers. No experimental fishing for crustacean MUS or ECS may be conducted unless a NMFS observer is aboard the vessel. (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 r… | ||||
| 50:50:13.0.1.1.2.1.1.12 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | A | Subpart A—General | § 665.18 Framework adjustments to management measures. | FWS | 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. (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 C… | |||||
| 50:50:13.0.1.1.2.1.1.13 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | A | Subpart A—General | § 665.19 Vessel monitoring system. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 86 FR 55745, Oct. 7, 2021] | (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 large vessel longline limited entry permit 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 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. | ||||
| 50:50:13.0.1.1.2.1.1.14 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | A | Subpart A—General | § 665.20 Western Pacific Community Development Program. | FWS | [75 FR 54046, Sept. 3, 2010] | (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 t… | ||||
| 50:50:13.0.1.1.2.1.1.2 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | A | Subpart A—General | § 665.2 Relation to other laws. | FWS | 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. | |||||
| 50:50:13.0.1.1.2.1.1.3 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | A | Subpart A—General | § 665.3 Licensing and registration. | FWS | Any person who is required to do so by applicable state law or regulation must comply with licensing and registration requirements in the exact manner required by applicable state law or regulation. | |||||
| 50:50:13.0.1.1.2.1.1.4 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | A | Subpart A—General | § 665.4 Annual catch limits. | FWS | [76 FR 37286, June 27, 2011, as amended at 84 FR 2768, Feb. 8, 2019; 85 FR 26624, May 5, 2020] | (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)(1). (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 by the SSC. The Council may also recommend an annual catch target below the annual catch limit. (2) No later th… | ||||
| 50:50:13.0.1.1.2.1.1.5 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | A | Subpart A—General | §§ 665.5-665.11 [Reserved] | FWS | ||||||
| 50:50:13.0.1.1.2.1.1.6 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | A | Subpart A—General | § 665.12 Definitions. | FWS | [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; 86 FR 55745, Oct. 7, 2021] | In addition to the definitions in the Magnuson-Stevens Act, § 600.10 of this chapter, and subparts B through F of this part, general definitions for western Pacific fisheries have the following meanings: American Samoa FEP means the Fishery Ecosystem Plan for American Samoa, 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 non-market exchange of marine resources between fishermen and community residents, including family and friends of community residents, for goods, and/or services for cultural, social, or religious reasons. Customary exchange may include cost recovery through monetary reimbursements and other means for actual trip expenses, i… | ||||
| 50:50:13.0.1.1.2.1.1.7 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | A | Subpart A—General | § 665.13 Permits and fees. | FWS | [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] | (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 sanctions pursuant to the Magnuson-Stevens Act at 16 U.S.C. 1858(g) or 15 CFR part 904, subpart D. (e) Issuance. After receiving a complete application submitted under paragraph (c) of this section, the Regional Administrator will issue a permit to an applicant who is eligi… | ||||
| 50:50:13.0.1.1.2.1.1.8 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | A | Subpart A—General | § 665.14 Reporting and recordkeeping. | FWS | [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; 86 FR 42745, Aug. 5, 2021; 86 FR 60182, Nov. 1, 2021; 86 FR 55745, Oct. 7, 2021] | (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) Paper records. 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 required in paragraph (b)(1)(ii) of this section or as allowed in paragraph (b)(1)(iv) of this section. (ii) Electronic records. (A) The operator of a fishing vessel subject to the requirements of § 665.801(b) or a large vessel subject to the requirements of § 665.801(c) must maintain on board the vessel an accurate and complete record of catch, effort, and other data electronically using a NMFS-certified electronic logbook, and must record and transmit electronically all information specified by the Regional Administrator within 24 hours after the completion of each fishing day. (B) After the Regional Administrator has notified a permit holder subject to this section of the requirement to submit records electronically, and after the vessel has acquired the necessary NMFS-certified equipment, the vessel and any vessel operator must use the electronic logbook. A vessel operator must obtain an individually assigned user account from NMFS for use with the electronic logbook. (C) Permit holders and vessel operators shall not be assessed any fee or other charges to obtain and use an electronic logbook that is owned and provided by NMFS.… | ||||
| 50:50:13.0.1.1.2.1.1.9 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | A | Subpart A—General | § 665.15 Prohibitions. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 76 FR 37287, June 27, 2011; 84 FR 2769, Feb. 8, 2019] | 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 … | ||||
| 50:50:13.0.1.1.2.2.1.1 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.98 Management area. | FWS | 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. | |||||
| 50:50:13.0.1.1.2.2.1.10 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.120 American Samoa coral reef ecosystem fisheries. [Reserved] | FWS | ||||||
| 50:50:13.0.1.1.2.2.1.11 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.121 Definitions. | FWS | [84 FR 2770, Feb. 8, 2019] | 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 and not defined as MUS or another ECS in this subpart. | ||||
| 50:50:13.0.1.1.2.2.1.12 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.122 [Reserved] | FWS | ||||||
| 50:50:13.0.1.1.2.2.1.13 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.123 Relation to other laws. | FWS | [84 FR 2770, Feb. 8, 2019] | 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. | ||||
| 50:50:13.0.1.1.2.2.1.14 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.124 Permits and fees. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2770, Feb. 8, 2019] | (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; (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 transshipmen… | ||||
| 50:50:13.0.1.1.2.2.1.15 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.125 Prohibitions. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2770, Feb. 8, 2019] | 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; (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. | ||||
| 50:50:13.0.1.1.2.2.1.16 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.126 Notifications. | FWS | [84 FR 2770, Feb. 8, 2019] | 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. | ||||
| 50:50:13.0.1.1.2.2.1.17 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.127 Allowable gear and gear restrictions. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2770, Feb. 8, 2019] | (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. | ||||
| 50:50:13.0.1.1.2.2.1.18 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.128 Gear identification. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2770, Feb. 8, 2019] | (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. | ||||
| 50:50:13.0.1.1.2.2.1.19 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | §§ 665.129-665.139 [Reserved] | FWS | ||||||
| 50:50:13.0.1.1.2.2.1.2 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.99 Area restrictions. | FWS | 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. | |||||
| 50:50:13.0.1.1.2.2.1.20 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.140 American Samoa Crustacean Fisheries. [Reserved] | FWS | ||||||
| 50:50:13.0.1.1.2.2.1.21 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.141 Definitions. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2770, Feb. 8, 2019] | 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. Crustacean Permit Area 3 (Permit Area 3) includes the EEZ around American Samoa. | ||||
| 50:50:13.0.1.1.2.2.1.22 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.142 Permits. | FWS | (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. | |||||
| 50:50:13.0.1.1.2.2.1.23 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.143 Prohibitions. | FWS | 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. | |||||
| 50:50:13.0.1.1.2.2.1.24 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.144 Notifications. | FWS | (a) The operator of any vessel fishing subject to the requirements of this subpart must: (1) Report, not less than 24 hours, but not more than 36 hours, before landing, the port, the approximate date and the approximate time at which spiny and slipper lobsters will be landed. (2) Report, not less than 6 hours and not more than 12 hours before offloading, the location and time that offloading of spiny and slipper lobsters will begin. (b) The Regional Administrator will notify permit holders of any change in the reporting method and schedule required in paragraphs (a)(1) and (a)(2) of this section at least 30 days prior to the opening of the fishing season. | |||||
| 50:50:13.0.1.1.2.2.1.25 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.145 At-sea observer coverage. | FWS | 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. | |||||
| 50:50:13.0.1.1.2.2.1.26 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | §§ 665.146-665.159 [Reserved] | FWS | ||||||
| 50:50:13.0.1.1.2.2.1.27 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.160 American Samoa precious coral fisheries. [Reserved] | FWS | ||||||
| 50:50:13.0.1.1.2.2.1.28 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.161 Definitions. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2771, Feb. 8, 2019] | 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. | ||||
| 50:50:13.0.1.1.2.2.1.29 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.162 Permits. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2771, Feb. 8, 2019] | (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. (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. | ||||
| 50:50:13.0.1.1.2.2.1.3 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.100 American Samoa bottomfish fisheries. [Reserved] | FWS | ||||||
| 50:50:13.0.1.1.2.2.1.30 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.163 Prohibitions. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2771, Feb. 8, 2019] | 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. | ||||
| 50:50:13.0.1.1.2.2.1.31 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.164 Gear restrictions. | FWS | Only selective gear may be used to harvest coral from any precious coral permit area. | |||||
| 50:50:13.0.1.1.2.2.1.32 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.165 Size restrictions. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2771, Feb. 8, 2019] | 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). | ||||
| 50:50:13.0.1.1.2.2.1.33 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.166 Closures. | FWS | (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. | |||||
| 50:50:13.0.1.1.2.2.1.34 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.167 Quotas. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2771, Feb. 8, 2019] | (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. (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. | ||||
| 50:50:13.0.1.1.2.2.1.35 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.168 Seasons. | FWS | The fishing year for precious coral begins on July 1 and ends on June 30 the following year. | |||||
| 50:50:13.0.1.1.2.2.1.36 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.169 Gold coral harvest moratorium. | FWS | [88 FR 88836, Dec. 26, 2023] | Fishing for, taking, or retaining any gold coral in any precious coral permit area is prohibited through June 30, 2028. | ||||
| 50:50:13.0.1.1.2.2.1.4 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.101 Definitions. | FWS | [84 FR 2769, Feb. 8, 2019] | 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: | ||||
| 50:50:13.0.1.1.2.2.1.5 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.103 Prohibitions. | FWS | [89 FR 88171, Nov. 7, 2024] | 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. | ||||
| 50:50:13.0.1.1.2.2.1.6 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.104 Gear restrictions. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2770, Feb. 8, 2019] | (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. | ||||
| 50:50:13.0.1.1.2.2.1.7 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.105 At-sea observer coverage. | FWS | All fishing vessels subject to §§ 665.100 through 665.105 must carry an observer when directed to do so by the Regional Administrator. | |||||
| 50:50:13.0.1.1.2.2.1.8 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | § 665.106 American Samoa annual catch limits (ACL). | FWS | [89 FR 88171, Nov. 7, 2024] | (a) Annual catch limits (ACL). In accordance with § 665.4, the ACLs for American Samoa bottomfish MUS during fishing years 2024, 2025 and 2026 are as follows: Table 1 to Paragraph ( a ) (b) Post-season accountability measure (AM). If the average catch of any species in the most recent three years exceeds its specified ACL, the Regional Administrator will make an overage adjustment in a separate rulemaking to reduce the ACL for that species for the subsequent year by the amount of the overage. All ACLs for species for which the three most recent years of catch did not exceed the ACL will remain unchanged. (c) Indicator species. E. coruscans will serve as an indicator species for E. carbunculus and P. flavipinnis will serve as an indicator species for P. filamentosus. There are no separate ACLs and AMs for E. carbunculus and P. filamentosus. E. carbunculus will be subject to the post-season AM if E. coruscans exceeds the ACL. P. filamentosus will be subject to the post-season AM if P. flavipinnis reaches exceeds the ACL. | ||||
| 50:50:13.0.1.1.2.2.1.9 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | B | Subpart B—American Samoa Fisheries | §§ 665.107-665.119 [Reserved] | FWS | ||||||
| 50:50:13.0.1.1.2.3.1.1 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.198 Management area. | FWS | 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. | |||||
| 50:50:13.0.1.1.2.3.1.10 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.207 At-sea observer coverage. | FWS | (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. | |||||
| 50:50:13.0.1.1.2.3.1.11 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.208 Protected species conservation. | FWS | 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. | |||||
| 50:50:13.0.1.1.2.3.1.12 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.209 Fishing moratorium at Hancock Seamounts. | FWS | [84 FR 2772, Feb. 8, 2019] | 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. | ||||
| 50:50:13.0.1.1.2.3.1.13 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.210 [Reserved] | FWS | ||||||
| 50:50:13.0.1.1.2.3.1.14 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.211 Annual Catch Limits (ACL) and Annual Catch Targets (ACT). | FWS | [85 FR 26624, May 5, 2020, as amended at 87 FR 3047, Jan. 20, 2022; 87 FR 17196, Mar. 28, 2022; 87 FR 78876, Dec. 23, 2022] | (a) In accordance with § 665.4, the ACLs and ACTs for MHI bottomfish fisheries for each fishing year are as follows: (b) When a bottomfish ACL or ACT is projected to be reached based on analyses of available information, the Regional Administrator shall publish a document to that effect in the Federal Register and shall use other means to notify permit holders. The document 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 notice for public inspection at the Office of the Federal Register, until the end of the fishing year in which the ACL or ACT is reached. (c) On and after the date specified in paragraph (b) of this section, no person may fish for or possess any bottomfish MUS from a closed fishery 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 any bottomfish MUS from a closed fishery, except as otherwise authorized by law. (e) If landings of MHI Deep 7 bottomfish exceed the specified ACL in a fishing year, the Regional Administrator will reduce the ACL for the subsequent year by the amount of the overage in a separate rulemaking. (f) If the average total landings of uku in the most recent three years exceed the specified ACL in a fishing year, the Regional Administrator will reduce the uku ACL and ACT for the subsequent year by the amount of the overage in a separate rulemaking. (g) Fishing for, and the resultant possession or sale of, any bottomfish MUS 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. | ||||
| 50:50:13.0.1.1.2.3.1.15 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.212 Non-commercial bag limits. | FWS | [84 FR 29397, June 24, 2019] | 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 vessel-based fishing trip in the MHI management subarea. Charter boat customers are also subject to the non-commercial bag limit. | ||||
| 50:50:13.0.1.1.2.3.1.16 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | §§ 665.213-665.219 [Reserved] | FWS | ||||||
| 50:50:13.0.1.1.2.3.1.17 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.220 Hawaii coral reef ecosystem fisheries. [Reserved] | FWS | ||||||
| 50:50:13.0.1.1.2.3.1.18 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.221 Definitions. | FWS | [84 FR 2772, Feb. 8, 2019] | 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. | ||||
| 50:50:13.0.1.1.2.3.1.19 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.222 Management area. | FWS | 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. | |||||
| 50:50:13.0.1.1.2.3.1.2 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.199 Area restrictions [Reserved] | FWS | ||||||
| 50:50:13.0.1.1.2.3.1.20 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.223 Relation to other laws. | FWS | [84 FR 2772, Feb. 8, 2019] | To ensure consistency between the management regimes of different Federal agencies with shared management responsibilities of fishery resources within the Hawaii coral reef ecosystem management area, fishing for Hawaii coral reef ECS is not allowed within the boundary of a National Wildlife Refuge unless specifically authorized by the USFWS, regardless of whether that refuge was established by action of the President or the Secretary of the Interior. | ||||
| 50:50:13.0.1.1.2.3.1.21 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.224 Permits and fees. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2772, Feb. 8, 2019] | (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, 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 Adm… | ||||
| 50:50:13.0.1.1.2.3.1.22 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.225 Prohibitions. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2773, Feb. 8, 2019] | 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 stock collection or traditional and ceremonial purposes by indigenous people. | ||||
| 50:50:13.0.1.1.2.3.1.23 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.226 Notifications. | FWS | [84 FR 2773, Feb. 8, 2019] | 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. | ||||
| 50:50:13.0.1.1.2.3.1.24 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.227 Allowable gear and gear restrictions. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2773, Feb. 8, 2019] | (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 the director of the affected state fishery management agency. | ||||
| 50:50:13.0.1.1.2.3.1.25 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.228 Gear identification. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2773, Feb. 8, 2019] | (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. | ||||
| 50:50:13.0.1.1.2.3.1.26 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | §§ 665.229-665.239 [Reserved] | FWS | ||||||
| 50:50:13.0.1.1.2.3.1.27 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.240 Hawaii crustacean fisheries. [Reserved] | FWS | ||||||
| 50:50:13.0.1.1.2.3.1.28 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.241 Definitions. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2773, Feb. 8, 2019] | 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: 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: 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. (4) General NWHI Lobster Grounds—all waters… | ||||
| 50:50:13.0.1.1.2.3.1.29 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.242 Permits. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2773, Feb. 8, 2019] | (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.… | ||||
| 50:50:13.0.1.1.2.3.1.3 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.200 Hawaii bottomfish and seamount groundfish fisheries. [Reserved] | FWS | ||||||
| 50:50:13.0.1.1.2.3.1.30 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.243 Prohibitions. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 85 FR 79929, Dec. 11, 2020] | 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 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 unde… | ||||
| 50:50:13.0.1.1.2.3.1.31 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.244 Notifications. | FWS | (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. | |||||
| 50:50:13.0.1.1.2.3.1.32 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.245 Gear restrictions. | FWS | (a) Permit Area 1. (1) Lobsters may be taken only with lobster traps or by hand. Lobsters may not be taken by means of poisons, drugs, other chemicals, spears, nets, hook, or explosives. (2) The smallest opening of an entry way of any lobster trap may not allow any sphere or cylinder greater than 6.5 inches (16.5 cm) in diameter to pass from outside the trap to inside the trap. (3) Each lobster trap must have a minimum of two escape vent panels that meet the following requirements: (i) Panels must have at least four unobstructed circular holes no smaller than 67 mm in diameter, with centers at least 82 mm apart. (ii) The lowest part of any opening in an escape vent panel must not be more than 85 mm above the floor of the trap. (iii) Panels must be placed opposite one another in each trap. (4) A vessel fishing for or in possession of lobster in any permit area may not have on board the vessel any trap that does not meet the requirements of paragraphs (a)(1), (2), and (3) of this section. (5) A maximum of 1,200 traps per vessel may be maintained on board or in the water, provided that no more than 1,100 assembled traps are maintained on board or in the water. If more than 1,100 traps are maintained, the unassembled traps may be carried as spares only, in order to replace assembled traps that may be lost or become unusable. (6) Traps shall not be left unattended in any permit area, except in the event of an emergency, in which case the vessel operator must notify the SAC of the emergency that necessitated leaving the traps on the grounds, and the location and number of the traps, within 24 hours after the vessel reaches port. (7) A vessel whose owner has a limited access permit issued under this 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 un… | |||||
| 50:50:13.0.1.1.2.3.1.33 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.246 Gear identification. | FWS | 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. | |||||
| 50:50:13.0.1.1.2.3.1.34 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.247 At-sea observer coverage. | FWS | 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. | |||||
| 50:50:13.0.1.1.2.3.1.35 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.248 Monk seal protective measures. | FWS | (a) General. This section establishes a procedure that will be followed if the Regional Administrator receives a report of a monk seal death that appears to be related to the lobster fishery in Permit Area 1. (b) Notification. Upon receipt of a report of a monk seal death that appears to be related to the lobster fishery, the Regional Administrator will notify all interested parties of the facts known about the incident. The Regional Administrator will also notify them that an investigation is in progress, and that, if the investigation reveals a threat of harm to the monk seal population, protective measures may be implemented. (c) Investigation. (1) The Regional Administrator will investigate the incident reported and will attempt to: (i) Verify that the incident occurred. (ii) Determine the extent of the harm to the monk seal population. (iii) Determine the probability of a similar incident recurring. (iv) Determine details of the incident such as: (A) The number of animals involved. (B) The cause of the mortality. (C) The age and sex of the dead animal(s). (D) The relationship of the incident to the reproductive cycle, for example, breeding season (March-September), non-breeding season (October-February). (E) The population estimates or counts of animals at the island where the incident occurred. (F) Any other relevant information. (v) Discover and evaluate any extenuating circumstances. (vi) Evaluate any other relevant factors. (2) The Regional Administrator will make the results of the investigation available to the interested parties and request their advice and comments. (d) Determination of relationship. The Regional Administrator will review and evaluate the results of the investigation and any comments received from interested parties. If there is substantial evidence that the death of the monk seal was related to the lobster fishery, the Regional Administrator will: (1) Advise the interested parties of his or her conclusion and the facts upon which it is based. (2) Request fr… | |||||
| 50:50:13.0.1.1.2.3.1.36 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.249 Lobster size and condition restrictions in Permit Area 2. | FWS | (a) Only spiny lobsters with a carapace length of 8.26 cm or greater may be retained (see Figure 1 to this part). (b) Any lobster with a punctured or mutilated body, or a separated carapace and tail, may not be retained. (c) A female lobster of any size may not be retained if it is carrying eggs externally. Eggs may not be removed from female lobsters. | |||||
| 50:50:13.0.1.1.2.3.1.37 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.250 Closed seasons. | FWS | (a) Lobster fishing is prohibited in Permit Area 1 during the months of January through June, inclusive. (b) Lobster fishing is prohibited in Permit Area 2 during the months of May, June, July, and August. | |||||
| 50:50:13.0.1.1.2.3.1.38 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.251 Closed areas. | FWS | 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. | |||||
| 50:50:13.0.1.1.2.3.1.39 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.252 Harvest limitation program. | FWS | (a) General. Harvest guidelines for the Necker Island Lobster Grounds, Gardner Pinnacles Lobster Grounds, Maro Reef Lobster Grounds, and General NWHI Lobster Grounds for Permit Area 1 will be set annually for the calendar year and shall: (1) Apply to the total catch of spiny and slipper lobsters. (2) Be expressed in terms of numbers of lobsters. (b) Harvest guideline. (1) The Regional Administrator shall use information from daily lobster catch reports and lobster sales reports from previous years, and may use information from research sampling and other sources to establish the annual harvest guideline in accordance with the FEP after consultation with the Council. (2) NMFS shall publish a document indicating the annual harvest guideline in the Federal Register by February 28 of each year and shall use other means to notify permit holders of the harvest guideline for the year. (3) The Regional Administrator shall determine, on the basis of the information reported to NMFS by the operator of each vessel fishing, when the harvest guideline for each lobster ground will be reached. (4) Notice of the date when the harvest guideline for a lobster ground is expected to be reached and specification of the closure date of the lobster grounds will be provided to each permit holder and/or operator of each permitted vessel at least 24 hours in advance of the closure. After a closure, the harvest of lobster in that lobster ground is prohibited, and the possession of lobster traps on board the vessel in that lobster ground is prohibited unless allowed under § 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) Cl… | |||||
| 50:50:13.0.1.1.2.3.1.4 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.201 Definitions. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2771, Feb. 8, 2019; 84 FR 29396, June 24, 2019] | As used in §§ 665.200 through 665.219: Deep 7 bottomfish means the following species: 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 Hawaii bottomfish MUS and that are identified as ECS in Table 4 of the Hawaii FEP. Hawaii bottomfish management unit species (Hawaii bottomfish MUS) means the following species: 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 non-commercial 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: Seamount Groundfish means the following species: | ||||
| 50:50:13.0.1.1.2.3.1.40 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.253 Annual Catch Limits (ACL) and Annual Catch Targets (ACT). | FWS | [85 FR 79929, Dec. 11, 2020, as amended at 88 FR 14082, Mar. 7, 2023; 89 FR 37986, May 7, 2024] | (a) Deepwater Shrimp. (1) In accordance with § 665.4, the ACLs for each fishing year are as follows: Table 1 to Paragraph (a) (1) (2) If the average catch of the three most recent years of deepwater shrimp exceeds the specified ACL in a fishing year, the Regional Administrator will reduce the ACL for the subsequent year by the amount of the overage. (b) MHI Kona crab. (1) In accordance with § 665.4, the ACLs and ACTs for each fishing year are as follows: Table 1 to Paragraph ( b )(1) (2) When the ACT is projected to be reached based on analyses of available information, the Regional Administrator shall publish a document to that effect in the Federal Register and shall use other means to notify affected fishermen. The document will include an advisement that the fishery will be closed beginning on a specified date, which is not earlier than 7 days after the date of filing the closure notice for public inspection at the Office of the Federal Register, until the end of the fishing year in which the ACL is reached. (3) On and after the date specified in paragraph (b)(2) of this section, no person may fish for, possess, sell, or offer for sale any Kona crab from a closed fishery in the Federal waters of the MHI, except as otherwise allowed in this section. (4) If landings exceed the specified ACL in a fishing year, the Regional Administrator will reduce the ACL and the ACT for the subsequent year by the amount of the overage. | ||||
| 50:50:13.0.1.1.2.3.1.41 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | §§ 665.254-665.259 [Reserved] | FWS | ||||||
| 50:50:13.0.1.1.2.3.1.42 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.260 Hawaii precious coral fisheries. [Reserved] | FWS | ||||||
| 50:50:13.0.1.1.2.3.1.43 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.261 Definitions. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2773, Feb. 8, 2019] | 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: 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. | ||||
| 50:50:13.0.1.1.2.3.1.44 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.262 Permits. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2773, Feb. 8, 2019] | (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. (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. | ||||
| 50:50:13.0.1.1.2.3.1.45 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.263 Prohibitions. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2773, Feb. 8, 2019; 85 FR 26624, May 5, 2020] | 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 ACL 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 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. | ||||
| 50:50:13.0.1.1.2.3.1.46 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.264 Gear restrictions. | FWS | Only selective gear may be used to harvest coral from any precious coral permit area. | |||||
| 50:50:13.0.1.1.2.3.1.47 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.265 Size restrictions. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2774, Feb. 8, 2019] | 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). | ||||
| 50:50:13.0.1.1.2.3.1.48 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.266 Area restrictions. | FWS | 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. | |||||
| 50:50:13.0.1.1.2.3.1.49 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.267 Seasons. | FWS | [85 FR 26624, May 5, 2020] | The fishing year for precious coral begins on July 1 and ends on June 30 the following year. | ||||
| 50:50:13.0.1.1.2.3.1.5 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.202 Management subareas. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 75 FR 69015, Nov. 10, 2010] | (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 regulations issued under this subpart, Midway Island is treated as part of the NWHI Subarea. (i) Ho'omalu Zone means that portion of the EEZ around the NWHI west of 165° 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. | ||||
| 50:50:13.0.1.1.2.3.1.50 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.268 Closures. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 85 FR 26624, May 5, 2020] | (a) If the Regional Administrator determines that the ACL for any coral bed will be reached prior to the end of the fishing year, NMFS shall publish a document to that effect in the Federal Register and shall use other means to notify permit holders. Any such notice must indicate the fishery shall be closed, the reason for the closure, the specific 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. | ||||
| 50:50:13.0.1.1.2.3.1.51 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.269 Annual Catch Limits (ACL). | FWS | [85 FR 26624, May 5, 2020, as amended at 88 FR 14082, Mar. 7, 2023; 88 FR 88836, Dec. 26, 2023] | (a) General. The ACLs limiting the amount of precious coral that may be taken in any precious coral permit area during the fishing year are listed in paragraph (c) of this section. Only live coral is counted toward the ACL. The accounting period for each fishing year for all precious coral ACLs begins July 1 and ends June 30 of the following year. (b) Reserves and reserve release. The ACL 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 ACL 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 ACL 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. (c) Precious coral. In accordance with § 665.4, the ACLs for MHI precious coral permit areas for each fishing year are as follows: Table 1 to Paragraph (c) No fishing for coral is authorized in refugia. A moratorium on gold coral harvesting is in effect through June 30, 2028. | ||||
| 50:50:13.0.1.1.2.3.1.52 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.270 Gold coral harvest moratorium. | FWS | [88 FR 88836, Dec. 26, 2023] | Fishing for, taking, or retaining any gold coral in any precious coral permit area is prohibited through June 30, 2028. | ||||
| 50:50:13.0.1.1.2.3.1.6 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.203 Permits. | FWS | [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2772, Feb. 8, 2019] | (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 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 vessel-based bottomfish fishing trip holds an MHI non-commercial permit, then the entire trip is considered non-commercial, and not commercial. However, if any commercial fishing occurs during or as a result of a vessel-based fishing trip, then the fishing trip is considered commercial, and not non-commercial. Charter boat customers are not subject to the requirements of the section. (b) Submission. (1) An application for a permit required under this section must be submitted to PIRO as described in § 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 vesse… | ||||
| 50:50:13.0.1.1.2.3.1.7 | 50 | Wildlife and Fisheries | VI | 665 | PART 665—FISHERIES IN THE WESTERN PACIFIC | C | Subpart C—Hawaii Fisheries | § 665.204 Prohibitions. | FWS | [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; 85 FR 26624, May 5, 2020] | 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 bottomfish MUS as defined in § 665.201, in the MHI management subarea after a closure of its respective fishery, in violation of § 665.211. (i) Sell or offer for sale any bottomfish MUS as defined in § 665.201, after a closure of its respective 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 participating as a charter boat customer, in violation of § 665.212. … |
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